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2017-10-09 Agenda with BackupAgenda Historic Landmark Commission October 9, 2017 The Historic Landmark Commission of the City of Denton, Texas will convene in Work Session on Monday, October 9, 2017 at 5:30 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items will be considered: WORK SESSION 1. Receive a report and hold a discussion regarding the restoration of 2212 W. Oak. (Roman McAllen) NOTE: The Historic Landmark Commission reserves the right to adjourn into a Closed Meeting on any item on its Work Session or Regular Session agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. Following the completion of the Work Session, the Historic Landmark Commission will convene in a Regular Meeting of the Historic Landmark Commission in the City Council Work Session Room, 215 E. McKinney at which time the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE: A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas one state under God, one and indivisible.” 2. CONSIDER APPROVAL OF THE HISTORIC LANDMARK COMMISSION MINUTES FOR: A. August 14, 2017 B. September 11, 2017 3. ACTION ITEMS: A. Consider and appoint a member for the Historic Landmark Commission Chair and Vice-Chair positions. B. Hold a public hearing and consider making a recommendation to the Planning and Zoning Commission and City Council regarding repealing and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8, adding Section 35.3.15, adding definitions to Section 35.23.2 and making changes to Section 35.4.3. of the 2 Denton Development Code (DCA17-0009, Historic Preservation Code Amendments, Roman McAllen) 4. HISTORIC LANDMARK COMMISSION PROJECT MATRIX A. Historic Landmark Commission project matrix. 5. CONCLUDING ITEMS: A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Historic Landmark Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting and under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 6. ADJOURN: 0B CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2017 at o'clock (a.m.) (p.m.) _____________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM, 215 E. MCKINNEY, IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Work Session Item 1 Planning Report Work Session Item 1 2212 West Oak - Rehabilitation Historic Landmark Commission October 9, 2017 REQUEST: Receive a report and hold a discussion regarding ongoing exploration of existing conditions and consideration of strategies for the rehabilitation of 2212 W. Oak. (Roman McAllen) BACKGROUND: The purpose of this item is to acquaint the historic landmark commission with progress on the restoration of 2212 West Oak. The owner requested this item be on the agenda in order to update the HLC on progress, per discussion from the September 11, 2017 meeting. Prepared By: Reviewed By: Roman McAllen, Assoc. AIA, AICP Ron Menguita, AICP Historic Preservation Officer Long Range Planning Administrator MINUTES 1 HISTORIC LANDMARK COMMISSION 2 August 14, 2017 3 4 After determining that a quorum was present, the Historic Landmark Commission of the City of 5 Denton, Texas convened in a Regular Meeting on Monday, August 14, 2017 at 5:00 p.m. in the 6 City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which 7 time the following items were considered: 8 9 PRESENT: Vice-Chair Deb Conte, Commissioners: Alyssa Stevenson, Scott 10 Campbell, Roy Anderson, and Kenneth Williamson. 11 12 ABSENT: Chair Peggy Riddle, Commissioner Helen Bailey, Michele Lynn, and 13 Daniel Abasolo. 14 15 STAFF: Ron Menguita, Roman McAllen, Trey Lansford, and Nikole Chew-Jones. 16 17 WORK SESSION 18 19 Vice-Chair Deb Conte called the Work Session to order at 5:12 p.m. 20 21 1. Receive a report and hold a discussion regarding the Jagoe House located at 2212 West Oak 22 Street. 23 24 Ron Menguita, Long Range Planning Administrator, presented this item to the Historic Landmark 25 Commission. Menguita stated a new Senate Bill has been passed and it will go into effect as of 26 September 1, 2017. This bill was signed by Governor Abbott in early June of 2017. Senate Bill 27 1004 will allow the cellular industry to install small antennas/nodes within the City’s right-of-way. 28 The purpose of the bill is to increase cellular network coverage across the state meeting the 29 customer demand. It will also update state laws regarding new technologies and allow for easier 30 rollout of new 5G technology and beyond. Menguita stated all cities are required to comply. 31 32 Menguita stated a few of the key provisions of this bill includes use of existing utility and traffic 33 poles, establishes city permit requirements, time line for city approval, and maximum fee structure 34 the city can charge. Menguita explained the fee structure that has been mandated. The cellular 35 companies will pay $500.00 for up to 5 network nodes and $250.00 for each additional node. 36 Menguita stated the annual node site rental fee will be $250.00 per node, $1,000 for new poles 37 with a $250.00 annual pole rental fee, and monthly rental for each network transfer facility is 38 $28.00. Menguita explained the zoning restrictions of the node and pole installations, and node 39 design elements. 40 41 Menguita explained the city’s implementation plan. It will include meetings with the cell 42 providers, a new ordinance, design standards, and application forms will be drafted. Menguita 43 stated that this bill is very favorably to the cellular industry and it is a one size fits all. Senate Bill 44 1004 requires that cities approve node deployments in right of ways. This bill directs the processes 45 and pricing for all cities. 46 Historic Landmark Commission Minutes August 14, 2017 Page 2 of 6 Following the completion of the above-posted Work Session item, the Historic Landmark 1 Commission convened in a separate Work Session for a site visit and tour of the building located 2 at 2218 W. Oak Street, Denton, Texas at which time the following item will be considered: 3 4 WORK SESSION- SITE VISIT AND TOUR 5 6 1. Receive a report concerning, and tour the structure located at, 2218 West Oak Street, hold a 7 discussion, and give staff direction regarding a Certificate of Appropriateness to demolish the 8 structure. (Roman McAllen). 9 10 Vice-Chair Deb Conte paused the Work Session at 5:24 p.m. to allow the Historic Landmark 11 Commission to tour the structure located at 2218 West Oak Street. 12 13 Vice-Chair Deb Conte closed the Work Session at 6:34p.m. 14 15 The Historic Landmark Commission of the City of Denton, Texas convened in a Regular 16 Meeting on Monday, August 14, 2017, in the City Council Work Session Room at City Hall, 215 17 E. McKinney Street, Denton, Texas at which the following items were considered: 18 19 REGULAR MEETING 20 21 Vice-Chair Deb Conte called the Regular Meeting to order at 6:35 p.m. 22 23 1. PLEDGE OF ALLEGIANCE: 24 25 A. U.S. Flag 26 27 B. Texas Flag- 28 “Honor the Texas Flag – I pledge allegiance to thee, Texas one state under God, one 29 and indivisible.” 30 31 2. CONSIDER APPROVAL OF THE HISTORIC LANDMARK COMMISSION 32 MINUTES FOR: 33 34 A. April 10, 2017 35 36 Commissioner Roy Anderson motioned, Commissioner Scott Campbell seconded to approve the 37 April 10, 2017 meeting minutes. Vice-Chair Conte “aye”, Commissioner Stevenson “aye”, 38 Commissioner Roy Anderson “aye”, Commissioner Williamson “aye”, and Commissioner 39 Campbell “aye”. Motion approved (5-0). 40 41 Historic Landmark Commission Minutes August 14, 2017 Page 3 of 6 3. ACTION ITEMS: 1 2 Vice-Chair Deb Conte stated Item D would be heard first. 3 4 D. Hold a public meeting and consider an application for a Certificate of Appropriateness 5 to construct a stand-alone carport at 1815 North Bell Avenue. The site is generally 6 located on the west side of Bell Avenue between East University Drive and Woodland 7 Street. (COA17-0002, 1815 North Bell Avenue, Roman McAllen) 8 9 Roman McAllen, Historic Preservation Officer, presented this item to the Historic Landmark 10 Commission. This request is for a stand-alone carport located at 1815 North Bell Avenue. This 11 carport will provide coverage for a recreational vehicle that is kept parked at the rear of the 12 property. The owners are Ernie and Angie Stripling. Staff recommends approval of the request. 13 14 Commissioner Williamson asked what materials they are planning to use for the carport. The 15 applicant, Angie Stripling, replied that they are willing to use any material that is legal, but they 16 would like to use steel. They want to protect the recreational vehicle from weather damage like 17 hail. 18 19 Commissioner Stevenson stated that the home has been beautifully kept. 20 21 Commissioner Williamson stated that he would like for the carport to match the roof of house. The 22 applicants will use steel poles and metal for the roof. 23 24 Vice-Chair Deb Conte opened the public hearing. There was no one to speak. 25 Vice-Chair Deb Conte closed the public hearing. There was no further discussion. 26 27 Commissioner Alyssa Stevenson motioned, Commissioner Kenneth Williamson seconded to 28 approve this request. Vice-Chair Conte “aye”, Commissioner Stevenson “aye”, Commissioner 29 Roy Anderson “aye”, Commissioner Williamson “aye”, and Commissioner Campbell “aye”. 30 Motion approved (5-0). 31 32 A. Hold a public meeting and consider an application for a Certificate of Appropriateness 33 to demolish the house located at 2218 West Oak Street. The site is generally located on 34 the north side of West Oak between Bradley Street and Thomas Street. (COA17-0003, 35 2218 West Oak Street, Roman McAllen) 36 37 Roman McAllen, Historic Preservation Officer, presented this item to the Historic Landmark 38 Commission. He stated this is the property located 2218 West Oak Street, which was visited 39 during the Work Session site visit and tour. McAllen stated this Certificate of Appropriateness is 40 to demolish the house built in approximately 1934 based on county records. This home has been 41 vacated for many years and is in need of significant repairs. McAllen stated this home is located 42 in the West Oak Historic District and it is considered to be a structure that contributes to the 43 district. The current owners are Randy and Mary Park. 44 45 Historic Landmark Commission Minutes August 14, 2017 Page 4 of 6 Commissioner Stevenson asked if the minutes from approximately two years ago had been pulled 1 for review. McAllen replied no, not at this time, but he will gather those meeting minutes and 2 review them. 3 4 Vice-Chair Conte asked if the neighborhood had been notified about this Certificate of 5 Appropriateness. McAllen replied no, not at this time, but he planned to put a few signs in the 6 yard. 7 8 Commissioner Stevenson stated that this house might be considered significant to the historic 9 area. 10 11 Commissioner Anderson asked if the owner decided to just let the home sit and keep it mowed; 12 what if any power or authority does the Commission have. McAllen responded at this time, there 13 really isn’t anything that can be done. Commissioner Anderson asked if the home was 14 economically viable at this point. Commissioner Williamson responded no. Commissioner 15 Stevenson asked if there were money issues and how much would it cost to bring this house up to 16 code. Commissioner Williamson responded approximately $300,000. 17 18 Vice-Chair Conte asked if the Commission would consider postponing this item until the next 19 meeting to allow for notification. 20 21 Commissioner Stevenson asked that the previous meeting minutes be located for this address. 22 23 Vice-Chair Deb Conte opened the public hearing. There was no one to speak. 24 Vice-Chair Deb Conte closed the public hearing. There was no further discussion. 25 26 Commissioner Roy Anderson motioned, Commissioner Scott Campbell seconded to postpone this 27 item until the next meeting on September 11, 2017. Vice-Chair Conte “aye”, Commissioner 28 Stevenson “aye”, Commissioner Roy Anderson “aye”, Commissioner Williamson “aye”, and 29 Commissioner Campbell “aye”. Motion approved (5-0). 30 31 B. Hold a public meeting and consider an application for a Certificate of Appropriateness 32 to construct a new home at 2216 Alamo Place. The site is generally located on Alamo 33 Place west of Thomas Street. (COA17-0004, 2216 Alamo Place, Roman McAllen) 34 35 Roman McAllen, Historic Preservation Officer, presented this item to the Historic Landmark 36 Commission. He stated the property at 2216 Alamo Place is the site for a new home to be built. 37 The applicant has submitted this Certificate of Appropriateness due to the house being built in the 38 West Oak Historic District. This house will be one story and approximately 3,100 square feet. 39 The applicant is Dan Fette. The applicant is proposing to build this home in the same style that 40 was promoted during that time period. It will be a Craftsman Style home. Staff is recommending 41 approval of this request. 42 43 Vice-Chair Conte asked if the neighborhood had been notified. McAllen stated no notifications 44 had been sent. 45 Historic Landmark Commission Minutes August 14, 2017 Page 5 of 6 1 Commissioner Williamson asked if there was anything located on this property before. McAllen 2 stated when he did the deed search he found no prior records. 3 4 Vice-Chair Conte opened the public hearing. There was no one to speak. 5 Vice-Chair Conte closed the public hearing. There was no further discussion. 6 7 Commissioner Roy Anderson motioned, Commissioner Kenneth Williamson seconded to 8 approve this request. Vice-Chair Conte “nay”, Commissioner Stevenson “aye”, Commissioner 9 Roy Anderson “aye”, Commissioner Williamson “aye”, and Commissioner Campbell “aye”. 10 Motion approved (4-1). 11 12 C. Hold a public meeting and consider an application for a Certificate of Appropriateness 13 to install solar panels on the home to be constructed at 2216 Alamo Place. The site is 14 generally located on Alamo Place west of Thomas Street. (COA17-0006, 2216 Alamo 15 Place, Roman McAllen) 16 17 Roman McAllen, Historic Preservation Officer, presented this item to the Historic Landmark 18 Commission. He stated this property is located at 2216 Alamo Place. The applicant, Dan Feete, is 19 seeking permission to install solar panels on this property. 20 21 The applicant, Dan Feete, stated the owners want the house to provide large amounts of energy 22 by the use of solar panels. They designed the house so the panels could be on the south side of the 23 home so that the trees provide screening. 24 25 Commissioner Stevenson asked the applicant, Dan Feete, if they would consider a darker 26 composite for the roof. Feete responded it would conduct a lot of the heat. Commissioner 27 Stevenson asked if the panels can go on another side of the roof. Feete responded that it cannot 28 be on the west side or the north side. Those sides are not an option. The best option is the south 29 side. 30 31 Staff is recommending approval of this request at 2216 Alamo Place. 32 33 Vice-Chair Conte opened the public hearing. There was no one to speak. 34 Vice-Chair Conte closed the public hearing. There was no further discussion. 35 36 Commissioner Williamson asked if there were any restrictions. Vice-Chair Conte and 37 Commissioner Stevenson responded yes there are restrictions. Vice-Chair Conte stated that solar 38 panels are not allowed to be viewable from the street. 39 40 Vice-Chair Conte stated that she is still not comfortable voting on this item without input from 41 the neighborhood. 42 43 McAllen stated all Certificates of Appropriateness (COA) will need to have a sign in their yard 44 and emails sent out to notify the neighborhoods. 45 Historic Landmark Commission Minutes August 14, 2017 Page 6 of 6 1 Commissioner Stevenson stated that the districts should have their guidelines updated and she 2 wants her statement in the minutes. 3 4 Commissioner Alyssa Stevenson motioned, Commissioner Scott Campbell seconded to approve 5 this request. Vice-Chair Conte “nay”, Commissioner Stevenson “aye”, Commissioner Roy 6 Anderson “aye”, Commissioner Williamson “aye”, and Commissioner Campbell “aye”. Motion 7 approved (4-1). 8 9 4. ITEMS FOR INDIVIDUAL CONSIDERATION: 10 11 A. Receive a report, hold a discussion and select a Historic Property of the Month. 12 13 Roman McAllen, Historic Preservation Officer, presented this item to the Historic Landmark 14 Commission. He present three homes to be considered by the Commission. 15 A. 1902 North Bell Avenue 16 B. 1117 West Congress Street 17 C. 1003 West Oak Street 18 19 Vice Chair Conte stated that Option B-1117 West Congress Street is deemed the Historic Property 20 of the Month based on unanimous vote of 5-0. McAllen stated he will contact the owners. 21 22 5. HISTORIC LANDMARK COMMISSION PROJECT MATRIX 23 24 A. Historic Landmark Commission project matrix. 25 26 McAllen stated that there are no updates to the matrix at this time. Menguita stated staff is working 27 on backup and he will keep you posted when various items are ready. Vice-Chair Conte asked that 28 the notification procedures be added to the matrix. 29 30 6. ADJOURN: 31 32 Vice-Chair Conte asked for a motion to adjourn the meeting. 33 34 Commissioner Alyssa Stevenson motioned, Commissioner Kenneth Williamson seconded to 35 adjourn the Regular Meeting. Vice-Chair Conte “aye”, Commissioner Stevenson “aye”, 36 Commissioner Roy Anderson “aye”, Commissioner Williamson “aye”, and Commissioner 37 Campbell “aye”. Motion approved (5-0). 38 39 With no further business, Vice-Chair Conte adjourned the Regular Meeting at 8:10 p.m. 40 Minutes 1 Historic Landmark Commission 2 September 11, 2017 3 4 The Historic Landmark Commission of the City of Denton, Texas convened in Regular Meeting 5 on Monday, September 11, 2017 at 5:30 p.m. in the City Council Work Session Room at City 6 Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: 7 8 PRESENT: Chair Peggy Riddle, Commissioners: Helen Bailey, Scott Campbell, 9 Alyssa Stevenson, Roy Anderson, and Daniel Abasolo. 10 11 ABSENT: Vice Chair- Deb Conte. Commissioner Kenneth Williamson and John 12 Morris. 13 14 STAFF: Ron Menguita, Roman McAllen, Trey Lansford, and Athenia Green. 15 16 REGULAR MEETING 17 18 1. PLEDGE OF ALLEGIANCE: 19 20 A. U.S. Flag 21 B. Texas Flag 22 “Honor the Texas Flag – I pledge allegiance to thee, Texas one state under God, one and 23 indivisible.” 24 25 2. ACTION ITEMS: 26 27 A. Hold a public meeting and consider an application for a Certificate of 28 Appropriateness to demolish the house located at 2218 West Oak Street. The site 29 is generally located on the north side of West Oak between Bradley Street and 30 Thomas Street. (COA17-0003, 2218 West Oak Street, Roman McAllen) 31 32 Roman McAllen, Historic Preservation Officer, provided the backup materials for this request. He 33 provided details regarding the Historic Resource Survey and details regarding any recent violations 34 with the Community Improvement Services Division. McAllen stated he would like to make a 35 staff recommendation following the feedback received from the Commission during the meeting. 36 37 McAllen provided language from the Denton Development Code regarding whether a structure is 38 considered structurally sound or not. Chair Riddle discussed the language listed within the West 39 Oak Historic District ordinance. She stated this portion of the ordinance still applies to the subject 40 property. Ron Menguita, Long Range Planning Administrator, stated some of the language is 41 language that staff is proposing. He stated this language could not currently be found on the 42 Municode website. 43 44 Chair Riddle opened the public meeting. 45 46 2 Randy Park, property owner, 2040 W. Oak Street Denton, Texas. Park stated Mr. Brenholz used 1 to reside in the property, up until he was unable to tend to the property. Park stated his son, Brendan 2 Carroll, lives behind the subject property. Once Mr. Brenholz passed away, his family decided to 3 sell the property. The property was in poor condition at that time, and has only gotten worse over 4 the years. Park is proposing to demolish the structure and the land would be split into two lots. 5 Park stated one house would be developed on each lot; one of the houses would face Oak Street 6 and the other would face Alamo Street. 7 8 Commissioner Anderson questioned what would happened to the other property on Jagoe Street. 9 Park stated the Jagoe house is one of the oldest structures within the West Oak Historic District. 10 He stated he has met with a builder to discuss renovating the structure. The Jagoe house will remain 11 at its current location. 12 13 Commissioner Abasolo questioned if Park has considered selling the house and lot located at 2218 14 W. Oak Street. Park stated he has had two people interested in purchasing the property, however, 15 they were looking for property with a house that had zero value. 16 17 Chair Riddle questioned if Park has done any financial cost estimates to see what it would take to 18 restore the property. Park stated he has not conducted any formal estimates. He stated several 19 individuals have provided their input on the situation and it would cost roughly half a million 20 dollars to restore the property. 21 22 Chair Riddle questioned if the current tenant takes care of the property. Park stated no one currently 23 resides at the property. He stated he recently had to evict a homeless person that was staying in the 24 house. 25 26 Park stated his grandson resided in the Jagoe House approximately one year prior, he had twins 27 and the structure was not conducive for small children. 28 29 Chair Riddle questioned if any of the materials could be salvaged during the demolition process. 30 Park stated some of the wood was removed from the property without his permission. He stated 31 some of the wood flooring could possibly be salvaged and repurposed. 32 33 McAllen questioned the value of the land to sell it as is. Park stated it would take roughly half a 34 million dollars to restore the property. He stated there is a neighboring apartment complex that 35 blocks the current view from the house. He stated he doesn’t feel that someone would develop a 36 single-family house for that price and then have an apartment complex distort the view. 37 38 Park stated he has sentimental value in this property and the Jagoe Street house, since his six 39 children all own the neighboring properties. 40 41 Chair Riddle questioned if the property was already in a state of disrepair when Park purchased it. 42 Park stated it was not habitable when he purchased the property. The roof had collapsed and the 43 walls and garage collapsed shortly after. 44 45 3 Commissioner Abasolo questioned if there was a way to do a quid pro quo that would commit the 1 owner to restoring the Jagoe House if the subject structure is demolished. Park stated he is happy 2 to make that commitment. He stated he is working with Roman McAllen to restore the Jagoe 3 House. Park stated he approved the construction drawings prior to this meeting. He stated he fully 4 intends to make that commitment. The plan to restore the Jagoe House fits well with his vision of 5 a family group of houses. 6 7 Commissioner Bailey questioned Park if he would come before this Commission with future 8 renovation plans to the Jagoe House. Park stated yes, if it cannot be approved at a staff level. 9 10 Chair Riddle closed the public hearing. 11 12 Commissioner Stevenson requested the meeting minutes from the August 14, 2017 meeting. She 13 stated those have information regarding the subject property. 14 15 Commissioner Bailey stated she agrees with the owners comments regarding the cost it would take 16 to rebuild the structure. Commissioner Stevenson agreed. 17 18 Commissioner Bailey questioned if staff or the Commission has pictures of the house to reference 19 in the future, so the house is not demolished and forgot about. She stated there are some nice 20 features on the house that she would like to see documented. Chair Riddle agreed. 21 22 Park stated he gives permission for staff and or this Commission to go take pictures of the house 23 within the next two weeks. He stated he plans to have it demolished after two weeks. 24 25 Commissioner Alyssa Stevenson motioned, Commissioner Roy Anderson seconded to approve the 26 request to demolish the structure located at 2218 W. Oak Street, with the condition that staff and 27 or this Commission visit the property within the next two weeks to obtain photographs of the 28 structure for documentation purposes. Motion approved (6-0-1). Commissioner Alyssa Stevenson, 29 “aye”, Commissioner Scott Campbell, “aye”, Commissioner Roy Anderson, “aye”, Commissioner 30 Helen Bailey, “aye”, and Commissioner Daniel Abasolo, “aye”. Chair Peggy Riddle, abstained. 31 32 B. Hold a public meeting and consider an application for a Certificate of 33 Appropriateness to install a window in the home located at 619 Pearl Street. The 34 site is generally located on the southeast corner at the intersection of Denton Street 35 and Pearl Street. (COA17-0007, 619 Pearl Street, Roman McAllen) 36 37 Roman McAllen, Historic Preservation Officer, stated this item would be heard after Action Item 38 2C. 39 40 4 C. Hold a public meeting and consider an application for a Certificate of 1 Appropriateness to paint signs on the building at 123 North Elm Street. The site is 2 generally located on the southwest corner of the intersection of North Elm Street 3 and West Oak Street. (COA17-0008, 123 North Elm Street, Roman McAllen) 4 5 Action Item 2C was heard before item 2B. 6 7 Roman McAllen, Historic Preservation Officer, provided the backup materials for this request. He 8 stated staff recommends approval. The applicant and artist are present. Chair Riddle questioned if 9 the request covers the smaller building on the back of the property. McAllen confirmed. 10 11 The following individuals spoke during the Regular Meeting: 12 13 Scott Brown, property owner, 1400 Dallas Drive, Denton, Texas. Brown stated they are 14 going for an aged look. He stated the artwork would be similar to the painting on the Hoochie’s 15 Restaurant located along Hickory Street and Industrial Street. 16 17 Commissioner Anderson questioned if Scott Brown’s Real Estate occupies the property. Brown 18 stated no, he stated they utilize the apartment on the top floor of the building as an office space to 19 meet with investors. 20 21 Commissioner Stevenson questioned if the painting will cover up the ghost signs that were added 22 in the past. Warren Lunt, artist, Denton, Texas, stated no, the proposed artwork would be placed 23 above the ghost signs. 24 25 Commissioner Anderson questioned how he could advertise on the building for a business that 26 does not occupy the space. Lunt stated he met with City staff in regards to off-premise signage. 27 He stated he was informed it is considered “Freedom of Speech”, and is permitted. 28 29 Commissioner Stevenson questioned if Brown considered placing the signage on the upper rear 30 portion of the building and not the lower building. Brown stated he considered it, however, it 31 would be too high for anyone to notice it. Commissioner Stevenson stated she does like the signage 32 on the lower building as it distracts the eye from all of the electrical boxes on the back of the 33 building. 34 35 There was no one else to speak. Chair Riddle closed the Public Hearing. 36 37 Chair Riddle stated the language in the motion should identify the proposal as an advertising sign. 38 Commissioner Anderson and Commissioner Bailey agreed. 39 40 Commissioner Roy Anderson motioned, Commissioner Helen Bailey seconded to approve this 41 request as an advertising sign. Motion approved (6-0). Chair Peggy Riddle, “aye”, Commissioner 42 Alyssa Stevenson, “aye”, Commissioner Scott Campbell, “aye”, Commissioner Roy Anderson, 43 “aye”, Commissioner Helen Bailey, “aye”, and Commissioner Daniel Abasolo, “aye”. 44 45 5 B. Hold a public meeting and consider an application for a Certificate of Appropriateness to 1 install a window in the home located at 619 Pearl Street. The site is generally located on 2 the southeast corner at the intersection of Denton Street and Pearl Street. (COA17-0007, 3 619 Pearl Street, Roman McAllen) 4 5 The Commission returned to Action Item 2B. Roman McAllen, Historic Preservation Officer, 6 provided the backup materials for this request. He stated the owner is not present. McAllen stated 7 if the Commission would like to, they could postpone the item until the applicant could attend. He 8 stated staff recommends approval of this request. 9 10 Chair Riddle questioned if there are any four over one (4/1) windows on the house. McAllen stated 11 he believes the proposed window is a 6/1 and not a 4/1 window. He stated the other windows are 12 closer to a 9/1 window, however, that would be difficult to construct on a small window. 13 Commissioner Stevenson stated she thinks a 3/1 window would be compatible to the style of the 14 house. 15 16 Commissioner Bailey questioned if the owner could work with staff to determine the best window 17 for the house that fits the style. 18 19 Trey Lansford, Deputy City Attorney, stated the Commission could motion to postpone the item 20 if they do not want to approve with conditions. 21 22 Chair Riddle stated the Commission could approve the request with the condition that the owner 23 work with staff to install a new window as long as it meets the design requirements of the 24 Commission. 25 26 Commissioner Roy Anderson motioned, Commissioner Scott Campbell seconded to approve this 27 request based on the condition that the owner work with the Historic Preservation Officer to 28 determine a window that will fit with exiting windows and design standards of this house. Motion 29 approved (6-0). Chair Peggy Riddle, “aye”, Commissioner Alyssa Stevenson, “aye”, 30 Commissioner Scott Campbell, “aye”, Commissioner Roy Anderson, “aye”, Commissioner Helen 31 Bailey, “aye”, and Commissioner Daniel Abasolo, “aye”. 32 33 D. Hold a public hearing and consider making a recommendation to the Planning and Zoning 34 Commission and City Council regarding repealing and replacing Section 35.7.6, repealing 35 Sections 35.7.7 and 35.7.8, and adding Section 35.3.15.1, Historic Preservation Procedures 36 to the Denton Development Code. (DCA17-0009, Historic Preservation Code 37 Amendments, Roman McAllen) 38 39 Roman McAllen, Historic Preservation Officer, stated the Preservation Plan has not been updated 40 since 1986. He provided the timeline and backup materials for this request. 41 42 Chair Riddle questioned if staff is proposing to change the Bell Avenue Conservation District to a 43 Historic District. McAllen confirmed. Chair Riddle questioned if a public hearing would be 44 required. Ron Menguita, Long Range Planning Administrator, stated a public hearing would take 45 place when the item goes before the Planning and Zoning Commission and City Council. 46 6 Chair Riddle questioned if the property owners within those districts would be notified. Menguita 1 stated that is part of the process for the item to go before the Planning and Zoning Commission 2 and City Council. 3 4 Chair Riddle stated the Bell Avenue Conservation District does not specifically list paint pallet 5 colors. McAllen stated after meeting with residents in that district, this was the guidance provided. 6 7 McAllen referred to page six (6) of the Procedures document. He stated he has issues with the 8 language regarding, “hardscaping compromising more than 25% of the front yard”. He stated the 9 language should read “less than”, instead of “more than”. 10 11 Chair Riddle requested the Commission have until the next meeting to review the document and 12 provide any comments. She requested the Commission email any comments to McAllen prior to 13 the October 2017 meeting. McAllen and the Commission agreed. 14 15 Menguita stated a motion would need to be made to postpone the item to a date certain. 16 17 Commissioner Alyssa Stevenson motioned, Commissioner Daniel Abasolo seconded to postpone 18 this item to a date certain of October 9, 2017. Motion approved (6-0). Chair Peggy Riddle, “aye”, 19 Commissioner Alyssa Stevenson, “aye”, Commissioner Scott Campbell, “aye”, Commissioner 20 Roy Anderson, “aye”, Commissioner Helen Bailey, “aye”, and Commissioner Daniel Abasolo, 21 “aye”. 22 23 3. HISTORIC LANDMARK COMMISSION PROJECT MATRIX 24 25 A. Historic Landmark Commission project matrix. 26 27 Roman McAllen, Historic Preservation Officer, informed Commissioner Stevenson that the 28 Quakertown Park is a registered Texas Landmark. Commissioner Stevenson acknowledged. She 29 questioned if this encompasses the entire Civic Center Complex. McAllen stated he is not aware 30 of the entire boundary. Commissioner Stevenson questioned if the Denton Women’s Club building 31 is included in the boundary. Chair Riddle stated it is a separate designation. 32 33 Chair Riddle stated she feels the Selwyn School would not be considered a high priority for 34 designation. McAllen stated he has met with a few individuals regarding preserving some of the 35 buildings at the Selwyn School. 36 37 Commissioner Campbell requested a future discussion or information regarding the Confederate 38 Monument located on the Denton County Courthouse lawn on the square. He requested 39 information regarding whether this Commission has any jurisdiction over the monument. McAllen 40 stated staff could provide the Commission with information regarding the monument and whether 41 this Commission has any jurisdiction. 42 43 Chair Riddle stated Denton County is currently working to repair the sidewalks along the Denton 44 County Courthouse on the square. There was no further discussion. Chair Riddle adjourned the 45 Regular Meeting at 7:31 p.m. 46 Action Item 3B Planning Report Historic Preservation Code Amendments DCA17-0009 Historic Landmark Commission October 9, 2017 REQUEST: Hold a public hearing and consider making a recommendation to the Planning and Zoning Commission and City Council regarding repealing and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8, adding Section 35.3.15, adding definitions to Section 35.23.2 and making changes to Section 35.4.3. of the Denton Development Code (DCA17-0009, Historic Preservation Code Amendments, Roman McAllen) APPLICANT: City of Denton BACKGROUND: The Denton Development Code (DDC) defines two historic districts within the city, the Oak- Hickory Historic District and the West Oak Area Historic District and a separate historic conservation district, the Bell Avenue Historic Conservation District. Each district contains standards in the DDC for the protection and preservation of structures and defined procedures for submitting an Application for a Certificate of Appropriateness (COA). The DDC also provides procedures for the designation of Historic Landmarks. The purpose of the proposed Code amendments are to specifically define administrative roles and responsibilities, clarify and organize procedures, streamline processes, and remove redundant language. Below is a summary of the key proposed revisions: • Definitions have been aggregated into Section 35.23.2. • Multiple references to Certificates of Appropriateness have been centralized in one cohesive section and clearly delineates when something may be administratively approved. • The procedures for designations of Historic Landmarks, Historic Districts, and Conservation Districts have been revised for clarity and consistency. • Procedures have been relocated and consolidated into Section 35.3.15. • Language relating to exterior painting, fencing and landscaping was inserted per the public input process. • It is recommended that the Bell Avenue Conservation District be recognized as a Historic District. • COAs would be valid for one (1) year from the date of issuance. • A Diagram of the proposed changes to the structure follows. Planning Report DCA17-0009 Page 2 of 3 CONSIDERATIONS: 1. The amendment process began in 2016 with community meetings in each of the districts. Attendees voted for their preferences as to whether COAs for painting, fencing and landscaping in their respective districts, approved by the Historic Landmark Commission or by the administrative authority of the historic preservation officer. Meetings were held on: June 20, 2016 for the West Oak Historic District June 23, 2016 for the Bell Avenue Conservation District, and June 30, 2016 for the Oak Hickory District. 2. The expressed preferences of each district were incorporated into the proposed ordinance revisions and at a fourth meeting held on July 14, 2017, staff presented a draft of the changes to the public. 3. Upon further evaluation, staff recognized a need to comprehensively review and update the entire Historic Preservation Section. The Planning Division staff went through several iterations and internal reviews that resulted in the proposed Code amendments. 4. Staff is recommending adding Section 35.3.15.1 Historic Preservation Procedures to Subchapter 3 - Procedures. This section shall contain all procedural related preservation code, previously located in Section 35.7.6. 5. Subchapter 35.7.6 now contains only sections on purpose, penalty and enforcement and shall be followed by the individual sections pertaining to the districts. STAFF RECOMMENDATION: Staff recommends repealing and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8 adding Section 35.3.15., adding definitions to Section 35.23.2. and making changes to Section 35.4.3. of the Denton Development Code. Planning Report DCA17-0009 Page 3 of 3 OPTIONS: 1. Recommend approval as submitted 2. Recommend approval subject to conditions 3. Deny 4. Continue the item ATTACHMENTS: 1. Proposed General Section of Code 2. Proposed Procedure Section of Code 3. Proposed Definitions to be added to Code 4. Proposed HLC Section as Amended 5. PowerPoint Presentation Prepared By: Reviewed By: Roman McAllen, Assoc. AIA, AICP Ron Menguita, AICP Historic Preservation Officer Long Range Planning Administrator Page 1 35.7.6. Historic Preservation 35.7.6.1. Purpose The City Council hereby finds as a matter of public policy that the protection enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of culture, prosperity, education and general welfare. The purposes is to: A. Protect, enhance, promote and perpetuate historic landmarks which represent or reflect distinctive and important elements of the City's and State's architectural, archeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places. B. Safeguard the City's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations; C. Stabilize and improve property values in such locations; D. Foster civic pride in the beauty and accomplishments of the past; E. Protect and enhance the City's attractions to tourists and visitors and provide incidental support and stimulus to business and industry; F. Strengthen the economy of the City; G. Promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors of the City. 35.7.6.2. Penalty A. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze or maintain any building, structure or land with a historic landmark designation or located in a historic or conservation district in violation of the provisions of this Subchapter, and the City in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing or maintenance to restrain, correct or abate such violation to prevent any illegal act, business or maintenance in an about such premises. B. Any person violating any provision of this Section shall be guilty of a misdemeanor and shall be punished as provided in Section 35.1.10.4 of this Chapter. 35.7.6.3. Enforcement A. No person shall construct, reconstruct, alter, remodel, renovate, restore, demolish, raze or maintain any building, structure or land with a Historic Landmark designation or a building, structure or land located in a locally designated Historic or Conservation District unless application is made for a Certificate of Appropriateness (COA) for said work and such a certificate is granted as provided in Section 35.3.14 of the Denton Development Code. B. The City in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing or maintenance to restrain, correct or abate such violation to prevent any illegal act, business or maintenance in an about such premises. C. Other regulations applicable to Historic Landmarks, Conservation Districts and Historic Districts as contained in any other section of this Subchapter or Code shall continue to apply, except as specifically modified in this Section. Page 2 D. Any person violating any provision of this Subchapter shall be guilty of a misdemeanor and may be punished as provided in Section 35.1.10.4 of this Chapter, as amended. 35.7.9. Oak-Hickory Historic District. 35.7.9.1. Purpose The purpose of this Section is to ensure the protection and preservation of the Oak-Hickory Historic District by providing regulations for the use, construction, alteration, repair, improvement and alteration of buildings, structures, properties and sites within the district. All properties within the district must comply with the underlying zoning district and use classification regulations. 35.7.9.2. Boundaries The Oak-Hickory Historic District is generally bounded by Hickory Street to south, Welch Street to the west, Pearl Street to the north, and Williams Street to the east as established by Ordinance No. 87-224. Major Public Streets in the District are West Oak, West Hickory, Mounts, Denton, Pearl and Fulton Streets. Exhibit 1: Approximate Boundaries of The Oak Hickory Historic District 35.7.9.3. Architectural Requirements Architectural requirements in the Oak-Hickory Historic District shall be as follows: A. Primary structure. The primary structure must be compatible in scale with primary structures existing in the district. The combined square footage of all structures on a given lot may not exceed fifty percent (50%) lot coverage. Compatibility or the appropriateness with respect to additions or alterations to an existing structure shall be determined by comparison with historical photographs or documentation whenever available. B. Accessory buildings. Accessory buildings which are visible from any public street, as determined by the Historic Preservation Officer, must be compatible with the scale, shape, roof form, materials, detailing and color of the main building. The combined square footage of all structures on a given lot may not exceed fifty percent (50%) of the square footage of said lot. Compatibility and or the appropriateness with respect to additions or alterations to an existing structure shall be determined by comparison with historical photographs or documentation whenever available. C. Architectural detail. Materials, colors, structural and decoration elements and the manner in which they are used, applied or joined together must be compatible with nearby and adjacent structures. Page 3 D. Destruction and demolition: If the exterior of historic structures are to be altered and if previous alterations have modified the original design, then the alteration process shall return the structure to a form based on historic documentation. In the case of destruction by natural forces, replacement structures and or repairs shall conform with the original form based on historical documentation, or if none exists, shall conform in scale and proportion to the remaining structure and or the scale and proportion of structures similarly designed. E. New Construction and additions: Generally, all buildings must be placed so as to not adversely affect the rhythm of spaces between buildings on the block. Additions and or replacement buildings shall have a front setback that is the average of the adjacent lots of contributing buildings. F. Chimneys: All chimneys must be compatible with the style of the proposed building. Chimneys must be constructed of brick, stucco, stone or other materials compatible in texture, color and style with the proposed main building. G. Additions: All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing and color of the existing building. H. Color: 1. Color. Structures in The District may be painted any color from the following paint manufacturer’s preservation color palettes: Sherwin Williams America’s Heritage Historical Exterior Colors Palette, Valspar Paint National Trust Historic Colors, Pittsburgh Paints Historic Collection, or similarly intended pallets. Any paint brand is allowed. Fluorescent and metallic colors are not permitted on the exterior of any structure in the district. 2. Dominant and trim colors. All structures must have a dominant color which shall not be of vivid saturation. The colors of a structure must be complementary to each other and the overall character of the main building. 3. Gutters and downspouts. Gutters and downspouts must be of a color that matches or complements the color scheme of the main building. 4. Roof colors. Roof colors must complement the style and overall color scheme of the structure. 5. Masonry and brick surfaces. Masonry and brick surfaces not previously painted must not be painted unless it is determined that: a. The painting is absolutely necessary to restore or preserve the masonry or brick; or b. The color and texture of replacement masonry or brick cannot be matched with that of the existing masonry or brick surface. 6. Stain. The use and color of stain must be typical of the style and period of the structure. I. Façade materials 1. Generally. The permitted façade materials are brick, wood siding, wood, stone and stucco. The use of cementitious siding is also permitted on new construction and accessory buildings. Artificial facsimiles of these materials will be considered on a case by case basis as material technologies progress. All façade treatments and materials must be typical of the style and period of the main building. 2. Wood façades. Existing wood façades must be preserved as wood façades. J. Front entrances and porches 1. Detailing. Railings, moldings, tile work, carvings, and other detailing and architectural decorations must be applied in a manner typical of the style and period of the main building. 2. Enclosures. A front entrance or porch may not be enclosed with any material, including iron bars, glass, or mesh screening. Page 4 3. Façade openings. New porches must not obscure or conceal any façade openings in the main buildings. 4. Floor coverings. Carpeting is not permitted as a porch floor or step covering. 5. Style. Each proposed main building must have a front porch or entry treatment with a shape, roof form, materials and colors that are typical of the style of the proposed main building. A front entry or porch must reflect the dominant horizontal and vertical characteristics of the proposed main building. K. Roof Forms 1. Material and colors. Roof material and colors must complement the style and overall color scheme of the structure. 2. Patterns. Roof patterns must be typical of the style and period of the main building. 3. Slope and pitch. The degree and direction of the roof slope and pitch must be typical of the style and period of the main building. 4. Skylights and solar panels. The HLC may allow skylights and solar panels on a building if their placement does not have an adverse effect on the architecture of a building or the district as a whole. In the Oak Hickory Historic District, Skylights are permitted on the rear of accessory buildings only. L. Windows and doors 1. Front façade openings. The location and size of windows and doors in proposed façades must be compatible in scale with the typical style and period of the main building. 2. Glass. Reflective, tinted, and mirrored glass and plastic are not permitted in any opening. 3. Screen, storm doors and storm windows. Screens, storm doors, and storm windows may be permitted if: a. Their frames are painted to match or complement the color scheme of the main building; and b. They do not obscure significant features of the windows and doors they cover. 4. Security and ornamental bars. Security and ornamental bars are only permitted on the exterior of an accessory building, the rear façade of the main building and the interior of the building. 5. Shutters. Shutters must be typical of the style of the proposed main building and appear to be installed in a manner to perform their intended functions. 6. Style. All windows and doors in the front façade of the main building must be proportionally balanced in a manner typical of the style and period of the building. 7. Size. The size and proportion of window and door openings located on the front and sides of the main building must be typical of the style and period of the main building. 8. Frames. The frames of the windows must be trimmed in a manner typical of the style and period of the building. 9. Openings. All windows, doors, and lights in the front and side façades of the main building must be typical of the style and period of the building. Sidelights must be compatible with the door. M. Outdoor lighting. Outdoor light fixtures must be compatible with the style and period of the main building and not obscure or conflict with significant architectural details of the building. 35.7.9.4. Fences Fences are not mandatory; however when installed or replaced in the Oak-Hickory Historic District they shall meet the requirements of the section of the Development Code specific to fencing and shall require an administratively approved COA. They shall also comply with the following additional requirements: Page 5 1. Fences must be maintained in a vertical position. 2. The top edge of a fence must be along a line that is either horizontal or substantially parallel to grade. 3. In general fencing is discouraged between the setback line of structures and the street. A. Color and style. Fences must be of a color, style, and material which is compatible to the main building. B. Masonry columns and bases. The color, texture, pattern, and dimensions of masonry and the color, width, type, and elevation of mortar joints in a fence column or base must match the masonry and mortar joints of the main building as nearly as practicable. 35.7.9.5. Signs All signs located within the Oak-Hickory Historic District shall be subject to the provisions of Chapter 33 of the Code of Ordinances, except as modified as follows: A. Signs permitted. Wall signs are permitted. Ground, roof, projecting, portable, and off-premises signs are prohibited. B. Wall Sign regulations. 1. Number of wall signs. Only one (1) wall sign per premises is permitted. 2. Size. No wall sign shall have a maximum dimension which is greater than two (2) feet, measured along the greater distance of any one (1) line which defines the effective area of the sign. C. Address or name signs. The sign regulations of this Section shall not apply to the signs or numbers which are used solely to identify the street address of the premises or they identity by name the occupants of a residential building. D. Approval procedure for signs. No signs shall be constructed or located and no existing wall sign shall be altered, until a COA is issued in accordance with the procedure applicable to alterations or changes of the exterior architectural features of buildings. 35.7.9.6. Parking The provisions of the Development Code applicable to parking shall apply to the Oak-Hickory District, except as modified as follows: A. Location. All off-street parking spaces for any building used as a multi-family dwelling or for a non- residential use shall be located between the building fronting the public street and the rear property line. B. Number of parking spaces. Each specified use shall provide the following number of parking spaces: 1. Multi-family buildings shall have a minimum of two (2) parking spaces for each dwelling unit. 2. Non-residential uses shall provide one and one-half (1.5) times the number of parking spaces required for that use by Subchapter 35.14. 35.7.10. Bell Avenue Historic District 35.7.10.1. Purpose The purpose of establishing the Bell Avenue Historic District is to safeguard the heritage of the City of Denton by preserving the Bell Avenue area of the City. The area contains landmarks, buildings, and/or Page 6 sites which reflect elements of the City's cultural, social, economic, political or architectural or archeological history. It is also to: ensure compatibility of new construction and structural alterations with the existing scale and characteristics of surrounding properties, foster civic pride in the beauty and accomplishments of the past, and identify and promote the use of historic resources for the education, pleasure, and welfare of citizens of the City of Denton. 35.7.10.2. Boundaries. The Bell Avenue Historic District is includes all the properties that front Bell Avenue between East University Drive and East Sherman Drive established by Ordinance No. 2005-099. Exhibit 2: Approximate Boundaries of The Bell Avenue Historic District 35.7.10.3. Architectural Regulations Architectural requirements in the Bell Avenue Historic District shall be as follows: A. Primary Structures. Primary structures must be compatible in scale with primary structures existing in the district. B. Accessory buildings. Accessory buildings which are visible from any public street, other than an alley, as determined by the Historic Preservation Officer, must be compatible with the scale, shape, roof form, materials, detailing and color of the main building. C. Architectural Detail. Materials, colors, structural and decoration elements and the manner in which they are used, applied or joined together must be compatible with nearby and adjacent structures. D. Additions. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale shape, roof form, materials, detailing and color of the existing building. E. Color. Colors of all structures should be complementary to each other and the overall character of the main building. The HPO may administratively approve re-painting of homes in this district. F. Façade Materials. Page 7 1. The permitted façade materials are brick, wood siding, wood, stone and stucco. The use of cementitious siding is also permitted on new construction and accessory buildings. Artificial facsimiles of these materials will be considered on a case by case basis as material technologies progress. All façade treatments and materials must be typical of the style and period of the main building. 2. Brick or stone that was originally unpainted should remain so, since irreversible damage can result from attempts to remove paint by methods such as sandblasting. Painting or covering original brick or stone is discouraged. 3. Retain significant character defining wooden or metal façade elements. Examples include cornice brackets, gingerbread, decorative trim elements, ornamental barge/fascia board, and soffit. G. Historic architectural elements of the façade are to be preserved if they are still historically accurate at the time of the creation of the district. Every effort should be made to repair damaged portions of original materials. H. Roof Material and Colors. Roof materials and colors must complement the style and overall scheme of the structure. 1. Existing roofs that are visible from the public right-of-way should retain their profile as it relates to shape and slope. Appropriate roof treatments include dimensional shingles, real or synthetic slate shingles or standing seam metal. 2. Historic systems that are integral to the roof, such as flashing, and leader/conductor boxes, built-in gutters, downspouts or snow guards, should be retained and maintained on a regular basis, as these types of systems often were crafted of heavy gauge, resilient materials such as copper or zinc and generally outperform modern materials, as well as retain a patina and contribute to the appearance of the structure. 3. Buildings that incorporate a sloped roof, such as a gable and/or hipped roof, often feature decorative elements that should be retained, including but not limited to, roof cresting, ridge caps and finials. I. Fencing. A certificate of appropriateness is not required to install a fence in the Bell Avenue Historic District; however fencing shall comply with the City’s development code requirements. J. Doors. Replacement doors should be sized to fit in the existing opening. The opening should not be altered so as to accept either a smaller door (e.g., filling in excess space with material such as lumber, bricks or cement blocks) or to facilitate a larger door or doors (e.g., knocking out part of the surrounding wall and reframing the opening). K. Windows. 1. Window openings should not be altered to accommodate replacement windows (e.g., "blocking down" or "blocking in" the opening). 2. Replacement windows should relate to and be appropriate for the age and architectural style of the structure. 3. In situations where original windows remain, every effort should be made to repair such windows, rather than replace them outright. 35.7.13. West Oak Area Historic District 35.7.13.1. Purpose The purpose of this subsection is to ensure the protection and preservation of the West Oak Area Historic District by providing regulations for the use, construction, alteration, repair, improvement and alteration of buildings, structures, properties and sites within the district. Page 8 35.7.13.2. Boundaries The West Oak Historic District is generally bounded by Oak Street to the south, Thomas Street to the west, Houston Place to the north, and Jagoe Street to the east as established by Ordinance No. 2008- 136. Exhibit 3: Approximate Boundaries of The West Oak Historic District 35.7.13.3. Architectural Requirements Architectural requirements in the West Oak Area Historic District shall be as follows: A. Primary Structure. Primary structures must be compatible in scale with the primary structures existing in the district. B. Accessory buildings. Accessory buildings which are visible from any public street, other than an alley, as determined by the Historic Preservation Officer, must be compatible with the scale, shape, roof form, materials, detailing and color of the main building. C. Architectural detail. Materials, colors, structural and decoration elements and the manner in which they are used, applied or joined together must be compatible with nearby and adjacent structures. D. Awnings. Metal and corrugated plastic awnings are only permitted on an accessory building or the rear façade of a main building, if not visible from any pubic street, other than an alley, as determined by the Historic Preservation Officer. Other awnings must be typical of any proposed structure and the character of the main building. E. Building placement. All buildings must be placed so as to not adversely affect the rhythm of spaces between buildings on the block. A thirty (30) foot minimum setback is standard in this area and new construction shall follow that standard. Additions and or replacement buildings shall have a front setback that is the average of the adjacent lots of contributing buildings. F. Chimneys. All chimneys must be compatible with the style of the proposed building. Chimneys must be constructed of brick, stucco, stone or other materials compatible in texture, color and style with the proposed main building. G. Additions. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing and color of the existing building. H. Color. 1. Roof colors. Roof colors must complement the style and overall color scheme of the structure. 2. Masonry and brick surfaces. Masonry and brick surfaces not previously painted must not be painted unless it is determined that: Page 9 a. The painting is absolutely necessary to restore or preserve the masonry or brick; or b. The color and texture of replacement masonry or brick cannot be matched with that of the existing masonry or brick surface; or c. The structure is not a contributing structure to the district and or the brick and style of the building are not complimentary to such a degree that together they define an architecturally significant whole. 3. A COA shall not be required for exterior painting of structures in the West Oak Historic District; however, it is suggested that structures in the West Oak Historic District be painted colors from the following paint manufacturer’s preservation color palettes: Sherwin Williams Preservation Palettes (including America’s Heritage Historical Exterior Colors and Suburban Modern Historical Exterior Colors), Valspar Paint National Trust Historic Colors, Pittsburgh Paints Historic Collection, or similarly appropriate products. I. Façade materials. 1. Generally. The permitted façade materials are brick, wood siding, wood, stone and stucco. The use of cementitious siding is also permitted on new construction and accessory buildings. Artificial facsimiles of these materials will be considered on a case by case basis as material technologies progress. All façade treatments and materials must be typical of the style and period of the main building. 2. Wood façades. Existing wood façades must be preserved as wood façades. J. Front entrances and porches. 1. Detailing. Railings, moldings, tile work, carvings, and other detailing and architectural decorations must be typical of the style and period of the main building. 2. Enclosures. A front entrance or porch may not be enclosed with any material, including iron bars, glass, or mesh screening. 3. Façade openings. Porches must not obscure or conceal any façade openings in the main buildings. 4. Floor coverings. Carpeting is not permitted as a porch floor or step covering. 5. Style. Each proposed main building must have a front porch or entry treatment with a shape, roof form, materials and colors that are typical of the style of the proposed main building. A front entry or porch must reflect the dominant horizontal and vertical characteristics of the proposed main building. K. Roof Forms. 1. Material and colors. Roof material and colors must complement the style and overall color scheme of the structure. 2. Patterns. Roof patterns must be typical of the style and period of the main building. 3. Slope and pitch. The degree and direction of the roof slope and pitch must be typical of the style and period of the main building. 4. Skylights and solar panels. The Commission may allow skylights and solar panels on a building if their placement does not have an adverse effect on the architecture of a building or the district as a whole. L. Windows and doors. 1. Front façade openings. The location and size of windows and doors in proposed façades must be compatible in scale with the typical style and period of the main building. 2. Glass. Reflective, tinted, and mirrored glass and plastic are not permitted in any opening. Page 10 3. Screen, storm doors and storm windows. Screens, storm doors, and storm windows may be permitted if: a. Their frames are painted to match or complement the color scheme of the main building; and b. They do not obscure significant features of the windows and doors they cover. 4. Security and ornamental bars. Security and ornamental bars are only permitted on the exterior of an accessory building, the rear façade of the main building and the interior of the building. 5. Shutters. Shutters must be typical of the style of the proposed main building and appear to be installed in a manner to perform their intended functions. 6. Style. All windows and doors in the front façade of the main building must be proportionally balanced in a manner typical of the style and period of the building. 7. Size. The size and proportion of window and door openings located on the front and sides of the main building must be typical of the style and period of the main building. 8. Frames. The frames of the windows must be trimmed in a manner typical of the style and period of the building. 9. Openings. All windows, doors, and lights in the front and side façades of the main building must be typical of the style and period of the building. Sidelights must be compatible with the door. M. Outdoor lighting. Outdoor light fixtures must be compatible with the style and period of the main building and not obscure or conflict with significant architectural details of the building. N. Fencing. A certificate of appropriateness is not required to install a fence in the West Oak Historic District; however fencing shall comply with the City’s development code requirements 35.7.13.4. Signs A Special Sign District is hereby established, imposing additional regulations upon all signs located within the West Oak Area Historic District subject to the additional provisions of Chapter 33 of the Code of Ordinances, except as modified as follows: A. Additional Wall and stake sign regulations. 1. Number of wall signs. Only one (1) wall sign per premises is permitted. 2. Size. No wall sign shall have a maximum dimension which is greater than two (2) feet, measured along the greater distance of any one line which defines the effective area of the sign. B. Address or name signs. The sign regulations of this section shall not apply to the signs or numbers which are used solely to identify the street address of the premises or they identity by name the occupants of a residential building. C. Approval procedure for wall signs. No new signs shall be constructed or located and no existing sign shall be altered, until a COA is issued in accordance with the procedure applicable to alterations or changes of the exterior architectural features of buildings, as provided for in this Subchapter. 35.7.13.5. Parking The provisions of the Development Code applicable to parking shall apply to the West Oak Area District, except for the following modifications: A. Location. All off-street parking spaces for any building used as a multi-family dwelling or for a non- residential use shall be located between the building fronting the public street and the rear property line. Page 11 B. Number of parking spaces. Each specified use shall provide the following number of parking spaces: 1. Multi-family buildings shall have a minimum of two (2) parking spaces for each dwelling unit. 2. Non-residential uses shall provide one and one-half (1.5) the number of parking spaces required for that use by the Development Code. 1 35.3.15 Historic Preservation Procedures. 35.3.15.1 General Provisions. The following are the general provisions applicable to Historic Landmarks, Historic Districts, and Conservation Districts within the City of Denton, as defined under Subchapter 23 of the Denton Development Code. A. Public Hearings 1. The City Planning and Zoning Commission shall hold public hearings as required in the same manner and with the same notice provisions as provided for zoning regulations in V.T.C.A., Local Government Code § 211.006 – 211.007, as amended, to consider any Historic Landmark, Historic District or Conservation District designation ordinance after receiving a recommendation from the Historic Landmark Commission (HLC). 2. Within thirty (30) days after the public hearing, the City Planning and Zoning Commission shall set forth in writing its recommendation, including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposed ordinance to the City Council along with the recommendation of the HLC. B. Notices Any notice required to be given under this Section, if not actually delivered, shall be given by depositing the notice in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address. When notice is required to be given to an owner of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner who has rendered his property for City taxes as the ownership appears on the last approved City tax roll. C. Recording of decision Upon passage of an Historic Landmark designation ordinance by the City Council, the City Secretary shall file a copy of the ordinance with the Denton County Tax Clerk, together with a notice briefly stating the fact of the designation, and shall send a copy of such notice to the owner of the affected property by certified mail. D. Amendments The regulations, restrictions and boundaries created under the authority of this Subchapter concerning Historic Landmarks and Historic and Conservation Districts may from time to time be amended, supplemented, changed, modified or repealed pursuant to the public notice and hearing requirements, as amended, herein. If there is a written protest against such change signed by the owners of twenty (20) percent or more either of the area of the lots or land included in such proposed change or of the lots or land immediately adjoining the change and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (¾) of all members on the City Council. E. Completeness Determination Every application shall be subject to a completeness determination by the HPO. No application shall be accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this Subchapter and all applicable City ordinances, rules, and regulations. An application deemed incomplete shall not bind the City as the official acceptance of the application for filing, and the incompleteness of the application shall be grounds for denial or revocation of the application. The HPO will make his/her completeness determination within 10 days from the date of receipt of the application. An email or comment in the City’s permit tracking program is considered a determination in writing. Applications will be deemed complete on the 11th business day after the application is received. 2 35.3.15.2. Historic Landmarks. The City Council may designate buildings, structures, sites, areas and lands in the City as Historic Landmarks. This is a zoning designation in addition to any other use desitnation. A Historic Landmark does not have to be located in a Historic or Conservation District. The zoning map shall reflect the designation of Historic Landmarks. A. Procedures for Designation. 1. The owner of the property seeking designation, or owner’s representative, the Historic Landmark Commission (HLC), Planning and Zoning Commission, Historic Preservation Officer (HPO), or the City Council may initiate a Historic Landmark designation by filing an application with the HPO. 2. Requests for designation shall be made on a form obtained from the HPO. 3. Nominations prepared and submitted by an authorized agent shall contain the signatures of the owner or owners unless created by resolution of the city council or the HLC. 4. Applications shall be considered by the HLC at a regular meeting which shall make a recommendation to the Planning and Zoning Commission regarding such designation. The Planning and Zoning Commission, after a regular meeting, must make a recommendation to City Council for its consideration. The decision at City Council, after a regular meeting, is final and cannot be appealed. 5. Historic Landmark Commission-approved medallions for designated structures may be prepared and, subject to the approval of the owners, may be affixed to individually designated Historic Landmarks. B. Criteria for approval, Generally. The following criteria will be used in the designation of a Historic Landmark. 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City, State or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Reflects a distinguishing characteristic of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the City; 5. Reflects elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif; 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, state, or United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the City, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the City; or 13. Value as an aspect of community sentiment or public pride. 3 35.3.15.3. Historic and Conservation Districts. The City Council may designate buildings, structures, sites, areas and lands in the City as part of a Historic or Conservation District and define, amend, and delineate the boundaries thereof. This is a zoning designation in addition to any other use desitnation. The zoning map shall reflect the designation of Historic and Conservation Districts. A. Applications. Applications for consideration of a proposed District shall be based upon architectural, historical, archeological or cultural importance or value and accompanied by the following information: 1. A map showing the boundaries of the proposed district drawn to a scale of one (1) inch equals two hundred (200) feet and the location of each structure of importance or value identified by a number or letter designation; 2. Any evidence which would show recognition by either the state and/or the national government. 3. A list of specific buildings, structures, sites, areas or lands of importance or value located within the proposed District boundaries and a description of the particular importance or value of each such building, structure, site, area or land. 4. Sufficient photographs of each building, structure, site, area or land of importance or value showing the condition, color, size and architectural detail of each, and where possible: a. Date of construction; b. Builder or architect; c. Chain of uses and ownership; d. Architectural style; e. Materials; f. Construction technique; and g. Recognition by state or national government as architecturally or historically significant, if so designated. B. Procedures for Designation. 1. Initiation. Designation as a District may be initiated by the Historic Landmark Commission (HLC) or by written petition in the form prescribed by this Section. Such a request shall designate clearly the land proposed to be included. 2. Applications. Requests for designation shall be made on a form obtained from the city HPO. Completed applications shall be returned to the HPO for review and processing as applicable. The HPO is the administrative official with original jurisdiction to review applications and submitted written support for completeness. 3. Time Limits. Properly submitted applications shall remain valid for one (1) year from the date it is deemed complete and thereafter shall be expired. 4. Petition Required. The applicant must submit with the application, a petition with signatures of more than fifty (50) percent of the owners of the property within the proposed District who collectively own more than fifty (50) percent of the land area within the proposed District. Property ownership shall be verified utilizing the last certified tax rolls of the appropriate county tax assessor collector for the proposed area. For purposes of calculating the support of more than fifty (50) percent of the property owners, each property as listed on the tax rolls shall be counted individually, regardless of whether an individual or group owns multiple properties within the proposed area. Properties owned by governmental entities shall not be counted in the more than fifty (50) percent support 4 requirement, although their written preference may be submitted to any board, commission or to city council for their consideration. Additionally, for properties owned by more than one (1) party, only one (1) property owner need submit written support in order for the HPO to count the property in the calculation. 5. Decision. Once the HPO receives a completed application, the HPO must call a public hearing in front of HLC. The HLC shall make its recommendation for either approval or denial within thirty (30) days from the date of the public hearing for consideration by the Planning and Zoning Commission. The Planning and Zoning Commission shall schedule a public hearing to be held within sixty (60) days of receipt of the HLC's recommendation and shall forward its recommendation for either approval or denial to the City Council. The city council shall, at a public hearing, review and either approve or deny the proposed district. Upon passage of any ordinance designating an area, or removing the designation of a district, the city shall send notice of the fact by mail to the owner or owners of affected property. 6. Increasing Boundaries. Applications to increase the boundaries of a District may be made when one or more of the following criteria are met: a. When buildings, structures, sites, areas or lands of importance or value related to the district are requested for inclusion; or b. When facts previously undisclosed to or unknown by the HLC are revealed which indicate that a particular building or site is possessed of special architectural, archeological, cultural or historical importance or value. 7. Reducing Boundaries. Applications to reduce the boundaries of a District may be made when one or more of the following criteria are met: a. When it can be shown that a particular building, site, area or land has no historic, architectural archeological or cultural importance or value to the viability of the distict; or b. When it can be shown that no degradation of the district, either physical, historical, architectural, archeological or cultural, will result from exclusion of property from the district. 8. Appeal. If the HLC determines at a public hearing that the area is not eligible for a District classification, it shall notify the applicant of the fact in writing. Notice is given by depositing the notice, properly addressed and postage paid, in the United States mail. The notice must be sent to the address shown on the application. The decision of the HLC that an area is not eligible for Historic or Conservation District classification may be appealed to the Planning and Zoning Commission. The Planning and Zoning Commission's determination of eligibility on appeal is final. If the Planning and Zoning Commission determines that the area is not eligible as a District classification, no further applications for a District classification may be considered, for the area of request, for two (2) years from the date of the decision. A property owner in the area of the request may apply for a waiver of the two (2)-year limitation pursuant to the Planning and Zoning Commission and must show changes in circumstances that alter the facts and conditions upon which the first decision was determined. 9. Economic Hardship. Application for inclusion or exclusion may be made when either continued exclusion or inclusion of property within the district would render it an economic hardship for reasonable continuation in its present exterior form. In order to establish such economic hardship, the owner must show that no reasonable alternative use exists which allows the exterior of the building to remain in its original style. In evaluating economic return, the HLC may request the owner to document the value, rents, returns, tax burden and/or contracts pertaining to the property. 5 10. Established Districts. Requirements of Subchapter 7 "Special Purpose and Overlay Districts" shall apply to the Historic or Conservation Districts, however, any conflict between this Section and other provisions of Subchapter 7 shall be resolved in favor of this Section. 11. Regulations. The ordinance creating the District must contain design guidelines based on the U.S. Secretary of the Interior's Standards for Rehabilitation, and may further contain any additional regulations, special exceptions, or procedures that the City Council considers necessary to conserve the distinctive atmosphere or character of the area, or to minimize potential adverse impacts which could result from the creation of the district. In addition, all property owners must conform to existing building codes and zoning regulating land uses. C. Criteria for Approval, Generally. The purpose of Historic and Conservation Districts is to geographically define areas possessing significant concentration, linkage, or continuity of buildings, structures, sites, areas, or land which are united by architectural, historical, archeological, or cultural importance or significance for preservation purposes. They may also include a landmark or a group of landmarks. A District must meet the following criteria: 1. The proposed district must include buildings, structures, or sites that have common character defining features and be of common form. 2. The proposed district must include buildings, structures, or sites which are similar in size, massing and scale. The proposed district may also have a common streetscape or have similar spatial relationships or contain common visual qualities such as vegetation, vistas, orientation, set back, spacing, site coverage, exterior features, or materials. 3. Any District in the City of Denton that is listed on the National Register of Historic Places is presumed to be qualified for designation as a historic or conservation district or included as part of a larger Historic or Conservation District. 4. For designation as a Historic District, a minimum of fifty-one (51) percent of buildings, structures, or sites in the proposed District must be fifty (50) years of age or be of historical significance. 5. For designation as a Conservaton District, a minimum of two (2) buildings must be fifty (50) years of age or be of historical significance. 35.3.15.4. Certificates of Appropriateness. A Certification of Appropriateness (COA) shall be obtained prior to the issuance of a Building Permit. A COA may also be required for work not otherwise requiring a Building Permit. The COA shall be required in addition to, and not in lieu of, any required Building Permit. A. General Provisions. 1. Application. Prior to commencement of any work for which a COA is required, the applicant shall file an application for a COA with Development Services. The application shall contain such information as is requested from a form prepared by the HPO, the provisions of which have been approved by the City Attorney. Applications will be subject to the Completeness Determination in this Subchapter. 2. HPO Discretion. Upon receipt of an application for a COA, the HPO shall determine whether the application is to be administratively reviewed or reviewed by the HLC, using the requirements in this Section. Generally, certificates of appropriateness for exclusively ordinary maintenance and minor exterior alternations may be administratively approved; however, the Director of Planning, his or her designee, or the HPO may place a request for a COA on the agenda to be heard by the HLC at a public meeting based on the significance of the project or its potential for impact to a Historic District or a Historic Landmark. 3. Expiration. The Certificate of Appropriateness shall expire 1 year from the date of issuance; existing COAs shall expire one year from the adoption of this ordinance. 6 4. Time Bar. After a final decision is reached denying a COA, no further applications may be considered for the subject matter of the denied COA for one (1) year from the date of the final decision unless changed circumstances of a completed action regarding the property or project are sufficient to warrant a new meeting, in opinion of the HPO. 5. Amendment. A COA may be amended by submitting an application for amendment to the HPO. The application shall then be subject to the standard COA review procedure. 6. Emergency procedure. If a structure requiring a COA is damaged and the Building Official determines that the structure or property that is a landmark or that is within a Historic or Conservation District will suffer additional damage without immediate repair, the Building Official may allow the property owner to temporarily protect the structure. In such a case, the property owner shall apply for a COA within ten (10) days of the occurrence, which caused the damage. The protection authorized under this Section must not permanently alter the architectural features of the landmark or of the structure in the Historic or Conservation District. 7. New construction. Design for new construction on the site of a property, either individually designated as a Historic Landmark or located in a Historic or Conservation District, shall conform to applicable adopted design guidelines and a COA shall be required. 8. Appeal. If a COA is subject to Administrative Review and no action is taken by the HPO within ten (10) working days, a COA is deemed to be approved. The applicant may appeal the HPO's decision to deny a COA by submitting to the HPO a written request for appeal within ten (10) days of the decision. The written request for appeal starts the HLC Review procedure in this Subchapter. B. Administrative Review. The HPO may administratively approve or deny a COA if the proposed work meets the following criteria: 1. Ordinary maintenance. Ordinary maintenance is defined as the process of stabilizing or repairing, deteriorated or damaged architectural features (including but not limited to roofing, windows, columns, siding and repainting), and includes any work that does not constitute a change in design, material, color or outward appearance, and includes in-kind replacement or repair. If the applicant is seeking a COA for ordinary maintenance only, the HPO may review the application to determine whether the proposed work complies with the regulations contained in this Subchapter and all applicable ordinances, and the HPO may administratively approve or deny the work. 2. Minor exterior alteration. Minor exterior alteration shall be defined as the installation of or alteration to awnings, signage, fences, gutters and downspouts, incandescent lighting fixtures, hardscaping comprising more than twenty-five (25) percent of the front or side yard, restoration of original architectural features that constitute a change from existing conditions, painting of wood or other appropriate elements that constitutes a change in color from existing color, and additions and changes not visible from any street, as determined by the HPO, to the rear of the main structure or to an accessory structure. If the applicant is seeking a COA to authorize minor exterior alterations only, the HPO may review the application to determine whether the proposed work complies with the regulations contained in this Subchapter and all applicable ordinances and administratively approve or deny the application. 3. Conservation Districts. If the applicant is seeking a COA to authorize any work, other than demolition or new construction, on sites located in Conservation Districts, the HPO must review the application to determine whether the proposed work complies with the regulations contained in this Subchapter and all applicable ordinances and administratively approve or deny the application. 7 C. Historic Landmark Commission Review. COAs for all other projects not subject to Administrative Review shall be approved by the HLC at a public meeting pursuant to these procedures. 1. Compliance Required. In considering an application for a COA, the HPO and the HLC shall review it for compliance with The United States Secretary of Interior Secretary of the Interior’s Standards for the Treatment of Historic Properties (The Standards), any applicable adopted design guidelines and any guidelines provided in this subchapter of the Denton Development Code. 2. Sustainability Guidelines. The use of sustainable practices in design is encouraged and the HPO and HLC shall use the Secretary of Interior’s Guidelines on Sustainability for Rehabilitating Historic Buildings as a guide for decisions related to renewable energy such as: solar technology, wind power, insulation, HVAC and similarly related topics. 3. Building Code Requirements. Historic buildings may be exempted from building code requirements due to their status at the discretion of the Building Official. Applicants should verify with the HPO or the Building Official regarding the possible application to a specific project of certain exemptions to the Energy Code, Building Code and Residential Code. 4. Effect of Approval. If a COA has been approved by the HLC, then a certificate will be issued to the applicant, and copies of the certificate will be filed with the Planning Division in the Department of Development Services, and with the Building Official if a building permit is required for the proposed work. 5. Deemed Approval. If final action has not been taken by the HLC within sixty (60) days of the posting of the application on the HLC's agenda by the HPO, then the COA will be deemed approved and a certificate will be issued to the applicant. If all other requirements of the Denton Development Code and applicable regulations are met, and a Building Permit is required for the proposed work, the Building Official shall issue a Building Permit to the applicant for the proposed work. 6. Appeal. If a COA has been denied, the applicant may appeal the decision in writing to the City Council by filing a written notice with the City Secretary within ten (10) days of receiving the notice of the denial. City Council’s decision is final and no further applications shall be considered. D. Demolition or Removal. 1. Criteria. The HLC must consider the following criteria for a COA for Demolition or Removal: a. The state of repair of the building; b. The reasonableness of the cost of restoration or repair; c. The existing and/or potential usefulness, including economic usefulness of the building; d. The purposes behind preserving the structure as an Historic structure; and e. The character of the neighborhood and all other factors it finds appropriate. 2. Appeal. Any applicant or the owner of any property located within two hundred (200) feet of any landmark or structure in a Historic or Conservation District requiring a COA for Demolition or Removal, and who is aggrieved by a ruling of the HLC concerning the landmark or structure in a Historic or Conservation District, under the provisions of this Section may, within sixty (60) days after the ruling of the HLC, appeal to the City Council. Following a public hearing to be held within thirty (30) days of the filing of a notice of such appeal with the City secretary, the City Council may, by a simple majority vote, uphold or overturn any ruling of the HLC made pursuant to this Section. 8 35.3.15.5 Permits Pending Designation. A. From and after the date on which the question of whether or not a building, structure, or site within the City should be designated as an Historic Landmark is placed upon the agenda for any special or regular meeting of the HLC or from and after the date on which such agenda is posted in accordance with the provision of Chapter 551 of the Government Code (Texas Open Meetings Act), as amended, or from and after the date that the HLC approves or recommends a Preservation Plan or any amendment of any existing Preservation Plan which embraces or includes the building, structure or site within the City, whichever date first occurs, no Building Permit allowing the construction, reconstruction, alteration, change, restoration, removal or demolition of any exterior architectural feature of any building or structure then existing included or embraced in whole or in part within the scope of such agenda consideration or such preservation plan or such amendment thereof, as the case may be, and no Permit allowing the demolition or removal of all or any part of any such building or structure may be issued by any official of the City nor, if no such Permit is required, may any person or entity construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of any such building or structure until the earliest of the following conditions have been met: 1. A final and binding COA for the removal or demolition, as may be appropriate, has been issued by the HLC; 2. The HLC fails to make a recommendation that some part or all of any such building or structure be designated an historic landmark or be included within an historic landmark or within a Preservation Plan or an amendment thereof within sixty (60) days following the earliest of the dates described in this Subsection, under the circumstances; or 3. A final and binding decision has been made by the City Council that no part of any such building or structure shall be designated an historic landmark or shall be included within any designated historic landmark. However, should the City Council fail to act within ninety (90) days from the date an appeal is filed, the requested Permit shall be granted. The ninety (90)-day time limitation may be waived by the appellant to allow the City Council an additional thirty (30) days in which to act. B. It shall be the duty of the HPO to furnish the Building Official with a copy or written notice of each such written order or such agenda or such Preservation Plan or amendment thereof, as the case may be, as promptly after the preparation thereof as is practicable. The failure to so furnish the Building Official with a copy or written notice thereof however, shall not have the effect of validating any Building Permit, Removal Permit or Demolition Permit issued without knowledge of any such written order or agenda. In any instance in which any such Permit may not be required, it shall be the duty of the HPO to give notice of any such written order or such agenda or such Preservation Plan or amendment thereof to the owner of any building or structure included within the scope thereof, which notice shall be deemed complete when actually given, orally, or in writing, to such owner or when written notice there is deposited in the United States mail, postage prepaid, certified or registered, with return receipt requested, addressed to such owner, whichever event first occurs. C. Any Permit issued to any person from or after the date of any such written order or such agenda or the approval or recommendation of such preservation plan or amendment thereof, as the case may be, shall be null, void and of no force or effect until the earliest of the events described in subsections A.1, A.2 and A.3 of this Section occur. D. Notwithstanding any other provision of this Subsection, no building permit, removal permit or demolition permit shall be issued by the building official for any structure located in a national register district except as authorized by this subsection. The Building Official shall notify the HPO immediately of any application requesting a building permit, removal permit or demolition permit for a structure located in a national register district. No such permit shall be issued by the building official before the HLC has made a recommendation or scheduled the structure on its agenda or before the expiration of forty (60) calendar days, whichever is sooner. If a structure is placed on an agenda item it shall be scheduled for a public hearing as soon as adjacent property owners are notified. 9 35.3.15.6 Maintenance; omission of repairs A. The exterior of any structure in a designated district, any designated Historic Landmark and any building determined by the HLC to meet the criteria for Landmark designation shall be maintained to ensure structural integrity. B. If the HLC finds that there are reasonable grounds to believe that the exterior of any structure in a designated district or any designated historic landmark is structurally unsound or in imminent danger of becoming structurally unsound, the HLC shall notify the HPO, who shall notify in writing the owner of the structure of such fact. C. Upon giving a ten (10) day written notice to the owner of record of such structure, the HLC shall hold a public meeting to determine if the structure is structurally unsound or in imminent danger of becoming structurally unsound. The HLC’s report may include evidence of economic hardship or willful neglect. D. At the conclusion of the meeting, if the HLC finds that the structure is structurally unsound or in danger of becoming structurally unsound and that no valid reason exists as to why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall in writing notify the owner of record of the finding. E. The owner of record of a structure who has been notified by the HLC that such landmark is structurally unsound or in danger of so becoming shall within ninety (90) days of receipt of such notice, satisfy the HLC that reasonably necessary repairs to safeguard the structural soundness of the landmark have been effected. F. If the HLC determines that the building is structurally unsound but there are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the City Council its recommendation as to what action, if any, should be taken on the structure. G. Any applicant or interested person aggrieved by a ruling of the HLC under the provisions of this Section may, within thirty (30) days after the date of such ruling, appeal to the City Council. 1 35.23.2. - Definitions and Terms. Certificate of Appropriateness (COA). A Certificate of Appropriateness (COA) is required for projects that would alter the exterior appearance or character of an individually designated historic property or any property located in a Historic or Conservation District and shall be obtained prior to the issuance of a Building Permit. Demolition by Neglect. This term is used to describe a situation in which a property owner allows a property to deteriorate, potentially beyond the point of repair, through neglect in the maintenance or repair of any structure on property designated as an historic property or located in a Historic or Conservation District. Historic District. Historic District means geographically definable areas possessing significant concentration, linkage or continuity of buildings, structures, sites areas or land which are united by architectural, historical, archeological or cultural importance or significance. In a Historic District, 51 percent of the buildings, structures, or sites must be of architectural, historical, archeological or cultural importance or significance. Historic Conservation District. A geographically defined area including a landmark or a group of landmarks, created for the purpose of historic preservation. Such a district may be differentiated from a historic district due to Conservation Districts having 50% or less of buildings older than 50 years of age. Historic Preservation. The protection, reconstruction, rehabilitation, repair or restoration of landmarks of historical, architectural or archeological significance. Historic Site. The location of a significant event, a prehistoric or historic occupation or activity, which may include open spaces, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Historic Landmark Commission (HLC). The City of Denton Historic Landmark Commission. HPO. The Historic Preservation Officer for the City of Denton (HPO). Historic Landmark. Refers to a building, district, object, site, or structure that is officially recognized by the State of Texas, or the United States government, for its outstanding architectural, archeological, cultural, social, economic, ethnic and political history significance. Local Historic Landmark. Refers to a building, district, object, site, or structure that has been officially recognized by the City of Denton for its outstanding architectural, archeological, cultural, social, economic, ethnic and political history significance. National Register. This term refers to the National Register of Historic Places. This is the official list of the Nation's historic places. Authorized by the National Historic Preservation Act of 1966, as amended, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources. The United States Secretary of Interior Standards for the Treatment of Historic Properties. This refers to a document that includes guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings. Page 1 35.4.3. Historic Landmark Commission. A. There is hereby created a commission to be known as the Historic Landmark Commission (HLC) of the City composed of nine (9) members appointed by the City Council. The HLC shall include at least one (1) representative from each of the following organizations or professions: 1. County Historical Commission; 2. The county bar association; 3. A certified public accountant; 4. A registered architect; 5. An owner of real property in the City. B. The other members of the HLC shall be appointed from such other individuals and organizations as the City Council may in its discretion wish to consult or consider; provided that no one business or professional interest shall constitute a majority membership of the HLC. C. In addition to the nine (9) members appointed by the City Council, the following persons or their designees shall sit on the HLC as ex officio members: 1. The Director of Development Services; 2. The Building Official; 3. The Chairperson of the County Historical Commission. D. None of the ex officio members shall have voting power, but shall assist the HLC in its various functions. E. The fact that one or more representatives from five (5) fields of expertise may not at any given point be a member of the HLC, for whatever reason, shall not affect the validity of any decision or act of the HLC. F. Members of the HLC shall be appointed for two (2)-year staggered terms. Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term. 35.4.3.1. Operational Procedures. The HLC shall meet as often as necessary to dispose of the business of the HLC or upon call by the HLC chair or upon petition of a simple majority of HLC members. Five (5) members present shall constitute a quorum for the transaction of business, and all issues shall be decided by a majority of those members present and voting, except that in those instances where only a quorum of five (5) is present at a meeting, all issues shall be decided by at least four (4) affirmative votes. The HLC shall adopt appropriate rules and regulations for the conduct of its business and the election of its chair and other officers. The minutes of each meeting shall be filed in the office of the City Secretary. 35.4.3.2. Powers and Duties of the Historic Landmark Commission. A. The HLC shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the City which may be eligible for designation as historic landmarks, shall have review authority over the City’s Historic Preservation Plan, and shall: 1. Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as historic landmarks; 2. Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness and certificates of appropriateness for demolition; 3. Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well as municipal sources; Page 2 4. Recommend to the proper agencies incentives designed to encourage historic preservation. B. The Preservation Plan shall be presented to the Planning and Zoning Commission for consideration and recommendation to the City Council for inclusion in the Comprehensive Plan of the City. C. The HLC shall recommend to the Planning and Zoning Commission ordinances designating certain buildings, structures, sites, districts, areas and lands in the City as historic landmarks. The HLC shall hold a public hearing on all proposed ordinances and the owner of any land included in the proposed ordinance shall be given at least ten (10) days' written notice of the public hearing. D. If the HLC finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the HLC may recommend to the City Council that the fee or a lesser interest of the property in question be acquired by gift, device, purchase, eminent domain or otherwise, pursuant to the Charter and state and federal law. E. Where there are conditions under which the required preservation of an historic landmark would cause undue hardship on the owner, use district changes may be recommended by the HLC. F. The designation of an historic landmark may be amended or removed using the same procedure provided in this article for the original designation. G. The HLC shall provide information and counseling to owners of designated historic landmarks. H. Any person making application to have any building, structure, site, district, area or land designated as an historic landmark pursuant to the provisions of this article shall pay to the Planning and Development Department a filing fee in an amount determined and as from time to time amended by ordinance by the City Council, a copy of which ordinance is on file with the Department. Historic Preservation Proposed Revisions Updated Timeline •April 2016 –HLC & CC briefed and input received to go forward with amendment process •June & July 2016 –Public meetings held with 3 districts and an additional public follow up meeting along with public input solicitation via an online survey. •September, 2017 –Draft presented to HLC with Public Hearing •September, 2017 –Draft to be presented to P&Z •October, 2017 –Draft to be presented to City Council –Clean-Up & Efficiency •Ordinance structure •Multiple references to Certificates of Appropriateness have been centralized in one section that clearly delineates administrative approval (35.3.15.4) •Definitions have been aggregated (35.23.2) •The criteria and procedures for designations of Historic Landmarks, Historic Districts, and Conservation Districts have been arranged sequentially and revised for clarity and consistency (35.3.15.2, 35.3.15.3) •All procedurally oriented subsections were combined and sequenced into one section (35.3.15) Major Changes –Substantive Changes •Recognition of the Bell Avenue Conservation District as a Historic District (35.7.10) •A more efficient process was introduced for local designation of properties and districts previously recognized by the State of Texas or the National Park Service (35.3.14.3.C.3.) •Language relating to COAs for exterior painting, fencing and landscaping was inserted per the public input process (35.7.9.3.H.1.)-OHHD »(35.7.9.4.) »(35.7.10.3.E.) -BAHD »(35.7.10.3.I.) »(35.7.13.3.H.3) –WOHD »(35.7.13.3.N) •Maintenance clause for structures eligible for designation (35.3.14.6.A.) Major Changes Changes -Structure EXISTING 35.7.6. –Historic Landmark Preservation and Historic Districts Generally. 35.7.6.1. –Declaration of Policy 35.7.6.2. –Penalty. 35.7.6.3. –Notices. 35.7.6.4. –Designation of landmarks. 35.7.6.5. –Hearings. 35.7.6.6. –Recording of decision. 35.7.6.7. –Amendments. 35.7.6.8. –Exterior alterations and changes; minor exterior alteration, ordinary maintenance; appeals. 35.7.6.9. –Demolition or removal of historic landmarks. 35.7.6.10. –Procedures for obtaining permits pending landmark designation as historic landmark. 35.7.6.11. –Maintenance; omission of repairs. 35.7.6.12. –Effect of zoning district use classification. 35.7.7. –Historic Conservation District. 35.7.8. –Historic District. 35.7.9. –Oak-Hickory Historic District. 35.7.10. –Bell Avenue Historic Conservation District. 35.7.13. –West Oak Area Historic District. PROPOSED 35.7.6.–Historic Preservation 35.7.6.1. –Purpose 35.7.6.2. –Penalty 35.7.6.3. –Enforcement 35.7.6.4. 35.7.6.5. 35.7.6.6. 35.7.6.7. 35.7.6.8. 35.7.6.9. 35.7.6.10. 35.7.6.11. 35.7.6.12. 35.7.7. 35.7.8. 35.7.9. –Oak-Hickory Historic District 35.7.10. –Bell Avenue Historic District 35.7.13. –West Oak Historic District PROPOSED Section 35.3.14. 35.3.15.–Historic Preservation Procedures 35.3.15.1. –General Provisions 35.3.15.2. –Historic Landmarks 35.3.15.3. –Historic and Conservation Districts 35.3.15.4. –Certificates of Appropriateness 35.3.15.5. –Permits Pending Designation 35.3.15.6. –Maintenance; omission of repairs Minor Changes 35.23.2. –Definitions Moved –Certificate of Appropriateness (COA) Demolition by Neglect Historic District Historic District Historic Conservation District Historic Preservation Historic Site Historic Landmark Commission (HLC) HPO Historic Landmark Local Historic Landmark National Register The United States Secretary of Interior Standards for the Treatment of Historic Properties 35.4.3. –Historic Landmark Commission –35.4.3.1 Chairman to Chair, usage of HLC throughout 35.4.3.2.A. Insertion “along with staff” Public Meetings •Concerns: Varied by district but clarity of, and deference to, administrative approvals•Voting •West Oak Historic District •Bell Avenue Conservation District •Oak Hickory Historic District Next Steps •September 11 –HLC Review and Recommendations with Public Hearing •September 27 –Planning and Zoning? •October 17-City Council? Questions? Historic Landmark Commission Requests for Information Note: This is a working draft of pending Historic Landmark Commission items and is subject to change without notice. Last Updated 10/2/17 1 Request Request Date Status Historic Preservation App Stevenson December 2016 In queue. Create a Historic Cultural Tourism Overlay District Conte December 2016 Will be considered as part of the historic preservation plan. Designate the Selwyn School as a Local Historic Landmark Riddle December 2016 Staff to present at an upcoming HLC meeting as a Work Session Item. Chair Riddle will provide staff research information regarding the Selwyn School. Receive a status report regarding the Small Area Plan as it relates to the Historic Districts Lynn April 2017 Staff to present at an upcoming HLC meeting as a Work Session Item. Receive a presentation from Community Development regarding the use of Community Development Block Grants for historic preservation. Abasolo April 2017 Staff to present at an upcoming HLC meeting as a Work Session Item. Provide minutes from the meeting that discussed how Historic District representatives should be notified. Conte August 2017 Staff will provide a memorandum to the HLC members on this. Design guidelines specific to development in a Historic District Riddle December 2016 Chair Riddle will provide working documents regarding Design Guidelines. Design Guidelines in a Historic District will be incorporated as part of the Historic Preservation Plan Update. HPO applied for a CLG matching grant to complete a set of city-wide design guidelines. Ongoing Items Educate citizens regarding Incentives Stevenson December 2016 Staff will continue to educate citizens regarding incentives. Current incentives include the Downtown Reinvestment Grant, property tax exemption for Historic Landmarks, and assistance from staff on Historic Preservation Tax Credit Program applications. Design guidelines specific to development in a Historic District Riddle December 2016 Chair Riddle will provide working documents regarding Design Guidelines. Design Guidelines in a Historic District will be incorporated as part of the Historic Preservation Plan Update. Completed Items Historic Landmark Commission Requests for Information Note: This is a working draft of pending Historic Landmark Commission items and is subject to change without notice. Last Updated 10/2/17 2 Request Request Date Status Formalize a process for the Historic Property of the Month Pulido December 2016 Staff has prepared procedures for selecting Historic Property of the Month. This item is schedule for the Commission to discuss during the HLC April meeting. Educate citizens regarding Historic State Tax Credit Stevenson December 2016 This item was included with Educate citizens regarding Incentives per the HLC (ongoing). HLC Mission or Objective Stevenson December 2016 The HLC Mission or Objective will be incorporated as part of the Historic Preservation Plan Update. Designate the WPA stone lined canals as a Local Historic Landmark Citizen August 2016 Staff to present at an upcoming HLC meeting as a Work Session Item. After meeting with the Engineering Department, it was determined that there is no immediate plans to replace the canals. Chair Riddle will provide staff research information regarding the WPA stone lined canals. Designate Quakertown Park as a Local Historic Landmark Stevenson April 2017 Local Designation 1991, RTHL 2011.