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HomeMy WebLinkAboutMinutes_P&Z_08.07.2001 Q&A From P&Z Meeting August 7, 2001 Summary of Overlay District Questions & Responses Randy O’Dell – 214 W University (remodeling)  How does this zoning affect residential property? There are residential properties that are included in the District; the majority of them are already zoned commercial. And, there is a section in the guidelines that deals with how you approach residential properties. Yes, the residences would be subject to the same review process as all the other properties within the Historic Overlay District. But, in Mr. O’Dell’s case, who already has an existing building permit to remodel, this does not apply. Once the ordinance is passed by City Council, then anything after that will have to comply to the ordinance guidelines. Jim Cummins – Steger & Bizzell  If you are developing a piece of property in the downtown area for a park or parking lot, something other than a building, are these under the guidelines? Parking lot information is not included. Any property within the Historic Overlay District would be subject to the guidelines, however, a parking lot would really be subject only to the screening requirement that is in these guidelines which is identical to the Urban Design Guidelines already in place. It would require a Historic & Architectural Review Commission review.  What is the application process concerning what materials need to be submitted versus may be submitted; who decides how that works? This is site specific.  Who is the application submitted to? The application is submitted to Development Services Department. Development Services has been designated to handle this process. There will be a staff person designated to be a liason with the Historic & Architectural Review Commission. This is all in the budget process. Also, there will be training required to assist the citizens through the process.  What building elevations are covered concerning front, side, rear and the like? For a totally new construction, all elevations are covered. If it is an addition to an existing building, only the new elevations of the new part would be subject. If it is a rehabilitation of an existing building, then the elevation of the proposed affected part would be required. Each project will probably be a little different, so asking would be a good idea.  Concerning materials and samples, what’s appropriate, what’s required; who decides how that works? Depends on what type and the extent of the project proposed. In a new construction project, though, it would be a good idea to bring samples of the materials going to be used for review before starting to build.  Who answers questions concerning unclear provisions and the like, so the planner can do a good planning job? Development Services Division. The Historic & Architectural Review Commission members are going to be trained to answer many of the technical Historic building questions.  Does the plan review process run concurrently with other plan review processes required elsewhere? Yes. It will be as concurrent as the City can make it by having citizens to be able to do all the required procedures simultaneously.  How are the parking requirements going to be clarified in terms of the criteria that apply to the amount of fees and calculations related to that? Area 1 has no parking requirement. In Area 2, the parking requirement applies, but gives ways to mitigate those parking requirements with off-site parking, street parking alike, that aren’t available elsewhere with suggestions of creativity to reach the same goal. Many cities allow for a fee in lieu of parking. As to what the fee would be would depend entirely upon the specific issue and the specific development. Fees really have not been contemplated at this time, therefore, the City has not developed a plan on how to calculate fees. But, the suggestion is given as an opportunity for property owners to redevelop in Area 2 in a constricted area where it may be otherwise impossible to meet the current zoning requirements, and yet, encourages it by giving these alternatives Another alternative, is shared parking agreement.  What is the appeal process? Applications that are denied by the Historic & Architectural Review Commission would be sent to District Court for appeal.  When will the design guidelines ordinance go into effect: It is suppose to go to City Council on August 14th for the 1st reading; then on to City Council on the 28th.  Is there a provision for inspection to preserve the integrity of the structure? There is no continuous, pro-active provision for inspections at this time. This is really relied on by complaints by citizens, by city staff, by tenants, or by commission member. There is a stronger set of rules that is called Demolition by Neglect, and the Historic & Architectural Review Commission is empowered to instruct the City to initiate formal legal action against a homeowner.  How much is the submittal fee for a Certificate of Architectural Compliance? At this point there are no submittal fees, but there will be an effort to look into it. . Many cities in Texas with Historic Ordinances waive any submittal fees for the Certificate of Compliance or Appropriateness – it is considered an incentive for owners of historic buildings.  The Ordinance states that an application for a Certificate of Compliance should be given to the City Manager. It was brought up that Development Services was going to handle this. Are you already designated by the City Manager? The provision in the Ordinance does state that this goes to City Manager. City Manager will delegate to Development Services, but an official designation has not been made.  To alleviate going to Court, should there be a discussion for an appeal process or review process, even some kind of mediation process? In some cities, the City Council appoints a Committee to review the Commissions decisions before any action was taken to take to Court.  Where will the monies for the “in lieu of parking” go? Most cities use the monies to help to provide for parking needed. .  Does a change of ownership of a residential house trigger anything on the part of the new owner? Just with ownership, no. But, yes, with basic maintenance (roof, planting of shrubs, etc, painting the exterior of the home), or with an addition to the exterior of the home. Applications for anything is voluntary initiated primarily by the property owner.  How does the City educate property owners by what process, how fast, and how completely the back and forth process is to be done? Who decides what is appropriate? The Historic & Architectural Review Commission is empowered by the City Council and by the State law to be the ones to decide what is appropriate. This Commission is made up of highly qualified members, and will be trained to be able to apply the principles set out in the Design Guidelines. There could also be workshops for the citizens to be able to attend