HomeMy WebLinkAboutItem 05 - Historic Preservation Amendments CC ITEM #5
MEMO TO.- HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER W—
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JUNE 4, 2013
SUBJECT: AM13-01 ®® PROPOSED AMENDMENTS TO APPENDIX G,
HISTORIC PRESERVATION
RECOMMENDATION:
Council to consider an ordinance amending Appendix G, Historic Preservation relative
to design requirements for residential structures within historic districts and the Historic
Grapevine Township District and take any necessary action.
BACKGROUND INFORMATION:
At the request of City Council, staff has been working for several months to produce an
ordinance that would provide the Historic Preservation Commission the tools to prevent
large, out of scale, and inappropriate residential structures from being built in the
historic districts and Historic Grapevine Township District.
This ordinance was reviewed by the Historic Preservation Commission at their
December 19, 2012 and January 23, 2013 meetings. it Council reviewed the
amendments at their February 19 and March 1 workshops. Public hearings for
citizen input were held on March 5, 2013 (for historic districts only) and April 16, 2013
(for all residents in historic districts and the Township).
Following the April public hearing and due to citizen comment, staff made minor
changes to make it clear that structures within the township were not subject to all oft e
requirements that apply to properties within historic districts. These changes are
highlighted in red.
Significant elements of the amendments include:
Requirement for applicant to submit drawings showing the proposed structure
and showing the structures on each side of it.
Height of structure not to exceed, by more than, 10 ft., the tallest house within 100
ft., and never to exceed 35 ft.
Maximum floor area not to exceed, by more than 10%, the largest house within
100 ft., but never to exceed 3,400 sq. ft.
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One story detached garages not exceeding 500 sq. ft., and one story detached
storage buildings not exceeding 200 sq. ft. shall not be considered as
contributing to total floor area.
Total area of the second floor shall not exceed 65% oft area of the first floor.
A side yard setback plane shall be established so that the maximum wall height
(measured at the required side yard setback), shall not exceed 14 ft. in height.
Beyond 14 ft. in height, the structure shall slope away from the setback plane at
a 45 degree angle.
A provision that allows the Historic Preservation Commission to grant minor
variances upon recommendation of the Historic Preservation Officer, Director of
Development Services, and Executive Director of the Convention and Visitors
Bureau.
Section 13, Appeals, is amended by allowing City Council to consider unique
hardships, and places the burden on the applicant to prove the hardship.
The document contains input from the Jackson Walker Law it Convention and
Visitors Bureau staff, Development Services, and the Historic Preservation Commission.
It has been reviewed by Assistant City Attorney, Matthew Boyle.
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Changes to Appendix G., will read as follows:
Section 7 Certificates of Appropriateness
The commission shall follow the United States Secretary of the Interiors formal written
Standards for the Rehabilitation of Historic Buildings in its consideration of all
applications for certificates of appropriateness fom jq
-RE222rbL w E!
-mditthh gr
–jann 1L to
_.1H L His
Landmark Subdistr _Hilt c
These Standards shall be made available to own,rs
and tenants of property designated as historic.
(a) A person shall not alter a property designated as historic or property within a historic
district, or any portion of the exterior of a structure on the site, or designated
adjacent right-of-way, or place, construct, maintain, expand or remove any
structure on the site without first obtaining a certificate of appropriateness (CA) in
accordance with this ordinance. A CA shall be obtained prior to the issuance of any
building permit, although the CA review and building permit and other required
permit review processes may be conducted simultaneously. A CA may also be
required for or not otherwise requiring a building permit. The CA shall be
required in addition to, and not in lieu of, any required building permit.
(b) A person shall ,not place. construct
struc ine Township-Q!1t[qjWUt2yj
first obtal certificate of appropriatene gsf Ii n accordance with this
ordinance. A CA shall be obtained prior to the issuance gLAgy building
Permit. althouall the CA review and building permit
conducted simultaneously. For the pu,r
residential structure shall mean
existing single family residence., apd 2 structure that was
a an_g_any _2fjgjBAU
ccnstructe%�r occu led as a �inl�a d ni�ce ardless of curre—nt
L
s' re i�
TT m I' res 1 S 0 i whic���
OW for ro 9 ies W 0 f �to w�nh
use. CA_revi rt 11thin the h do not have HL
,over] 11 shal 1 r for co n ollance w!
and shall not include review for co I Alance with. the Secr a 9MMnL f the
Interloes Standards for Historic Preservation a2 -2LM2
(c) Prior to commencement of any work, the owner shall file an application for a
certificate of appropriateness with the director of development services. The
application shall contain,
Name, address and telephone number of applicant, and address of affected
property if different
Detailed description of proposed work
Current photographs of property (historic photos are also helpful)
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Drawings of proposed than or new construction, and samples of materials,
when appropriate
Other information deemed necessary by city staff for clarification of the project
Igi Special provisions for si l it r i i I r t r it istoric
Landmark designation or w,it n the Historic
New
and any structure that was 0rW ire R!bLR2flAkM21q4_2r occupied as 1 g:in le
-- __g_
family residence renardless of current
District,-have an Individual Historic Subdistrict Landmark, or are within the
Historic Gr ne Townshlo District shall 2202R!X_jgi t II i �
provisions.
(1) 3ubmittall
Certificate o sin le famill
residential structu r itl t i l it trutur es shal! be
accompanied by the follov dgg
vi _A22MMnts:
a. Current Photouraphs of the
of the adjac hnt propert es and structures on each side of the suWgct
pro It a Rt2!2r ��
structu shall be
included.
drawinq showin
A the strelL_Ig2jflggLei ����
structure all it uil i I i f t r s on ad-acent
pL2gerfies. If the s all also
include the str eLs) locat it l treet.
�n
---2g§jgm r ents - In addition
_10
elsewhere, includi: but not limited to the Secli
of the Interior's
Standa r li t r i it i t ric Landmark Subdistrict
Q0vye2giXJ1 zoni r nance and louilg!ng code the f.o.1,12A.'Ing s 11 ! ®
a. N i trust r II re than ton feet the
Emeasured maximum he,1 oth 0' t�he �o�ofof wth '�tal.lestcsie le ",a
ortion of�
1c.
0 at W
1
e on of wh?icvl is locatq�dwit�hinla
on a
stru:c::t:ure located a
100 foot radius ofthesubie-;tgro ert . Under no circumstances sha-
n of a roof exceed 35 feet above
® Total floor area o7 all structures on the s or
RW12L-1212R!Ek✓ 11ot
exceed I floor area of all
structure ential structure is
I i i i I t it hin a 100 foot radius.
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However, under no circumstances shall
familk.,,residence be limited to less than 1,200 square feet.
c. Under no circumstances shall the floor area of all structuves on a
I ot exceed 3,400_sg2Arq_f22t
d. With rega r dto_paEggraphs b. and c. above,....one,si.ngle st2ry_getached
gars a or camort (or combination
feet, and......one.....single sto.w detached sj2f@2!q
y
contributing to total floor
ar i tl li r r i i l t r i inances are
e. The total area of the second floor oLAflX!k92t9MAh9LR2LqKq22d
65% of the total area of the first floor.
f. Maximum lot coverage for the combined bui1dina-q2m2rgg2-22qg2M
and accessoabu lid
® % of the lot area..
g. S
the sideyard setback pLiagnes. For the_pu!
p ses of this section,_a
be ins 14 feet above the
reg Ared sidevard setback line, ands1 o,R2g upward toward the interior
of the lot at a 45
Exceptions:
1. Chimnevs
® i3—lumbi ng a id Mechanical vents,
3® Dormers that:
L are not in excess of eight feet in width
ii. are not closer than six feet to another dormer
HL do not cause
the same elevation to exceed 20 feet in width
h. Lots shaN not be subdivided such that
width. _f22L!n
L Lots shall not be replatted such that the
wouI d exceed......by...more than 20 gercent t I i II
located within a
300 foot radius ofthe boundanL2f thep rope rLly bejn2_fq2!igq4.
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J. I i the event of a conflict betweenany of these
other guidelines, rules or or di most restrictive requirement
ihaff-MM9L
k. r r m r i it i on the rear one-haif
of the 10L
LeJ Not.,withstandinq othe, -- isions of this section L the Hietoric Preservation
commissi r i i rig Preservation Officer
Director of De I i l it r of the Convention
and Va i# r r i r i the re uirements of
this section. However. under no cire umsta,.iceg_p2gy_ggiMgiMgnla_§S_Mg42_Lo
maximum build i i i r r I lot coveENe,
LQ The commission shall deny, approve, or approve with conditions any CA
application within 30 days of receipt of a completed application, determining
wNether the proposed work is consistent with the regulations contained in this
ordinance, in all applicable ordinances, and in the zoning ordinance designating the
historic landmark. on posted notice, and notification by regular mail at least five
days in advance to the immediately adjacent property owners as that ownership
appears on the last approved tax roll, the commission shall conduct a public
hearing on the application, at which time an opportunity is provided for proponents
and opponents of the application to present their views.
Lql All decisions of the commission shall be in writing, stating its approval or the
specific reasons for denying or modifying any applications. A copy of the certificate
shall be sent to the applicant i i r i t r r i t an d a copy
filed with the director of development services."
Section 13 -Appeals
Any person aggrieved by a decision of the commission relating to hardship or
issuance of certification of appropriateness, may within 30 calendar days of receipt of
the written decision, file a written application with the city council through the office of
the city secretary for review of the decision. The city council_Mgy Ronsider
that would otherwise p Pohibit the applicant from
benefits as other Dr ners with similar lots and similar uses. It shall be
the r ibilq3r of the: applicant t r t evidence
indation from the historic ores s.,rvation
commission as to whether th hall be
presented b F c in ® The city council shall hold public
y_!y staff at the Publigg heari
_a2gr q__
hearings to consider the appeal. A decision of the city council is final and not
appealable."
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ORDINANCE
AN ORDINANCE I IL OF THE CITY
F GRAPEVINE, TEXAS, AMENDING APPENDIX ,
HISTORIC PRESERVTI TI 7 CERTIFICATES
F APPROPRIATENESS AND SECTION 13 APPEALS
THE CITY F GRAPEVINE CODE OF ORDINANCES;
PROVIDING THAT ALL ORDINANCES IN CONFLICT
HEREWITH ARE HEREBY REPEALED TO THE EXTENT
THEY ARE IN LI Tl PROVIDING A PENALTY OF
FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) F T
OFFENSE LL BE DEEMED COMMITTED
DURING I OFFENSE
CONTINUES; PROVIDING VI
DECLARING II
EFFECTIVE T
the City of r in has declared that as a matter of public policy,
the protection, preservation, and enhancement of architecturally significant and historic
structures is necessary ro a the economic, cultural, educational, n r I
welfare the citizens of the City of ra in l an
the unique identity of Histori istri s, individual properties with
Historic Landmark Subdisri rl ys and the is rig Grapevine Township isri
and the isto those areas have produced significant, historic, architectural, and
cultural resources; and
WHEREAS additions to existing structures and the construction of new
structures within the Historic istri s, individual properties with Historic Landmark
Subdistrict Overlays and the Historic Grapevine Township Distri i out regard to
design features compatible wi the surrounding en iron nt could endanger the
integrity of said districts and properties.
THEREFORE, IT ORDAINED BY THE CITY IL OF THE CITY
F GRAPEVINE, TEXAS:
Section 1. That all matters stated herein above are found to be true an
correct and are incorporated her in by reference as if i in their entirety
Section 2. That Appendix G, Section 7 Certificates of ru rian ss is
hereby amended t® read as follows:
"Sec. 7m Certificates of appropriateness.
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The commission shall follow the United States Secretary eft Interiors formal
written Standards forte Rehabilitation of Historic Buildings in its consideration
of all applications for certificates of appropriateness for property with an HL
Historic Landmark Subdistrict overlay. These Standards shall be made available
t o o wners and tenants of property designated as historic.
(a) A person shall not alter a property designated as historic or property
within a historic district, or any portion oft exterior of a structure on the
site, or designated adjacent right-of-way, or place, construct, maintain,
expand or remove any structure on the site without first obtaining a
certificate of appropriateness (CA) in accordance with this ordinance. A
CA shall be obtained prior to the issuance of any building permit, although
the CA review and building permit and other required permit review
processes may be conducted simultaneously. A CA may also be required
for or not otherwise requiring a building permit. The CA shall be
required in addition to, and not in lieu of, any required building permit.
(b) A person shall not place, construct or expand any single family
residential structure on property within the Historic Grapevine Township
District without first obtaining a certificate of appropriateness (CA) in
accordance with this ordinance. A CA shall be obtained prior t o t he
issuance of any building permit, although the CA review and building
permit review processes may be conducted simultaneously, For the
purposes oft is section, single family residential structure shall mean new
single family residential construction® existing single family residences,
and any structure that was originally constructed or occupied as a single
family residence regardless of current use. CA review for properties
within the township which do not have HL overlay shall be only for
compliance with paragraphs (c), (d) and (e) below, and shall not include
review for compliance with the Secretary of the Interiors Standards for
Historic Preservation.
(c) Prior to commencement of any work, the owner shall file an
application for a certificate of appropriateness with the director of
development services. The applications ll contain:
® address and telephone number of applicant, and address of
affected property if different
Detailed description of proposed work
Current photographs of property (historic photos are also helpful)
Drawings of proposed changes or new construction, and samples of
materials, when appropriate
Other information deemed necessary by city staff for clarification of the
project
ORD. NO 2
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(d) Special provisions for single family residential structures with a
Historic Landmark designation or within the Historic Grapevine Township
District.
New single family residential construction, existing single family
residences, and any structure that was originally constructed or occupied
as a single family residence regardless of current use® any of which are
within a Historic District, have an individual Historic Subdistrict Landmark,
or are within the Historic Grapevine Township District shall comply with
the following provisions:
(1) Submittal Requirements - In addition to any other filing
requirements,_Certificate of Appropriateness applications for new
single family residential-structures, and additions to single family
structures shall be accompanied by the following documents:
a. Current photographs of the existing prop the
full width oft adjacent properties and structures on each
side of the subject property. If the subject property is a
corner lot, a photograph of the structure directly across the
street oft subject property shall be included.
b. A drawing showing the street facing elevations of the
proposed structure along with building elevations of
structures on adjacent properties. If the subject lot is a
corner lot, the drawing shall also include the structure(s)
located directly across the street.
(2) Design requirements - In addition to any applicable regulations
required elsewhere, including but not limited to the Secretary of the
Interior's Standards (applies only to properties with HL Historic
Landmark Subdistrict Overlay), zoning ordinance and buiiding code
the following shall apply:
a. No portion of a structure shall exceed by more than ten
feet the measured maximum height oft roof of the tallest
single family structure, located on a lot, any portion of is
is located within a one 100 foot radius of the subject
property. Under no circumstances shall any portion of a roof
exceed 35 feet above grade.
b. Total floor area of all structures on the subject property
shall not exceed by more than ten percent, the largest total
floor area of all structures on any lot on is a single family
residential structure is located, any portion of which is
located within a 100 foot radius. However, under no
ORD. NO 3
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circumstances shall the living area of any single family
residence be limited to less than 1,200 square feet.
c. Under no circumstances shall the floor area of all
structures on any lot exceed 3,400 square feet.
d. With regard to paragraphs b. and c. above, one single
story detached garage or carport (or combination thereof)
not exceeding 500 square feet, and one single story
detached storage building not exceeding 200 square feet
shall not be considered as contributing to total floor area,
provided all other provisions of all other city ordinances are
met, including but not limited to lot coverage.
e. The total area oft second floor of any structure shall
not exceed 65% of the total area eft e first floor.
f. Maximum lot coverage fort combined building coverage
occupied by all in and accessory buildings and structures
shall not exceed 40% oft lot area.
g. Sideyard setback plane. No portion of a structure may
extend beyond the sideyard setback planes. For the
purposes of this section, a sideyard setback plane is a plane
that begins 14 feet above the required sideyard setback line,
and slopes upward toward the interior of the lot at a 45
degree angle (1:1 slope).
Exceptions:
10 Chimneys
2. Plumbing and Mechanical vents,
3. Dormers that:
i) are not in excess of eight feet in width
ii) are not closer than six feet to another
dormer; and
iii) do not cause the aggregated width of all
dormers on the same elevation to exceed 20
feet in width
h. Lots shall not be subdivided such that they are less than
50 feet in width.
i. Lots shall not be r atted such that the resulting lot width
of any lot would exceed by more than 20% the average lot
width of all single family residential lots of which any portion
ORD. NO. 4
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is located within a 300 foot radius of the boundary of the
property being replatted.
j. In the event of a conflict between any of these
requirements and any other guidelines, rules or ordinances,
the most restrictive requirement shall prevail.
k. Front entry garages are prohibited, unless placed on the
rear one-half of the lot.
(e) Not withstanding other provisions of this section, the Historic
Preservation Commission, upon recommendation of the Historic
Preservation Officer, Director of Development Services and Executive
Director of the Convention and Visitors Bureau may approve minor
adjustments to the requirements of this section. However, under no
circumstances may adjustments be made to maximum building height,
maximum floor area, or 40% total lot coverage.
(f) The commission shall deny, approve, or approve with conditions any
CA application within 30 days of receipt of a completed application,
determining whether the proposed work is consistent with the regulations
contained in this ordinance, in all applicable ordinances, and in the zoning
ordinance designating the historic landmark, Upon posted notice, and
notification by regular it at least five days in advance to the immediately
adjacent property owners as that ownership appears on the last approved
tax roll, the commission shall conduct a public hearing on the application,
at which time an opportunity is provided for proponents and opponents of
the application to present it views.
(g) All decisions of the commission shall be in writing, stating its approval
or the specific reasons for denying or modifying any applications. A copy
of the certificate shall be sent tot applicant (by certified mail with return
receipt) and a copy it with the director of development services."
Section 3. That Appendix G Section 13 Appeals is hereby amended to read
as follows:
"Sec. 13. Appeals.
Any person aggrieved by a decision of the commission relating to hardship or
issuance of certification of appropriateness, may within 30 calendar days of
receipt of the written decision, file a written application with the city council
through the office of the city secretary for review oft decision. The city
council may consider hardships that of otherwise prohibit the applicant from
enjoying the same benefits as other property owners with similar lots and similar
uses. I t s hall be the responsibility of the applicant to present evidence by there
is a unique hardship upon their property. A recommendation from the historic
preservation commission as to whether the appeal should be approved or denied
ORD. NO. 5
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shall be presented by city staff at the public hearing. The city council shall hold
public hearings to consider the appeal. A decision of the city council is final and
not appealable."
Section 4. That any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in
a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a
separate offense shall be deemed committed each day during or on which an offense
occurs or continues.
Section 5. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force ore ect.
Section 6. That if any section, subsection, sentence, clause or as of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions oft is ordinance.
Section 7. That the fact that the present ordinances and regulations of the
City of Grapevine, Texas are inadequate to properly safeguard the health, safety,
morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas,
creates an emergency fort immediate preservation oft public business, property,
health, safety and general welfare of the public is requires that this ordinance shall
become effective from and after the date of its passage, and it is accordingly so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 4th day of June, 2013.
APPROVED.
ATTEST,
ORD. NO 6
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APPROVED AS TO FORM.
ORD. NO 7