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Landmark Commission Minutes - 12/13/2004I t M I N U T E S CITY CLERK'S OFFICE LANDMARK COMMISSION Date -06 December 13, 2004 By — Time / 0 MEMBERS PRESENT: Jan Schaaf, Chairperson ■ Members Ken Dowdy, Vice Chairperson ■ Ken Birck ■ Shirley Craft ■ Michael Collins ■ Stacie Flood ■ Drew Hayes ■ Doug James ■ Dianne Thueson ■ Karen Montgomery- Gagne, Planner III ■ staff GUESTS: James Wetherbee, President, W. Floral Heights Neighborhood Assoc. Andy Lee ABSENT: James Esther, Jr. ■ Council Liaison I. CALL TO ORDER & INTRODUCTIONS The Chairperson called the meeting to order, members introduced themselves and Ms. Gagne introduced Ms. Stacie Crosetto -Flood as the new Kell House Curator. Staff indicated that Ms. Flood was appointed by City Council as the replacement Wichita County Heritage Society (WCHS) representative. Ms. Flood was sworn in as a member by reciting and signing the City's Oath of Office. II. REVIEW & APPROVAL OF MEETING MINUTES The Chairperson called for discussion and approval of the November 17'h meeting minutes, there being no discussion. Ms. Dianne Thueson introduced a motion to approve the minutes as presented and Mr. Ken Dowdy seconded the motion. Motion passed unanimously. III. REVIEW & APPROVAL OF PUBLIC HEARING MINUTES Ms. Schaaf, the Chairperson, called for comments and discussion on the minutes from the December 91h public hearing. Both the Chairperson and Ms. Thueson noted that the minutes captured the comments from the residents in attendance and provided a clear overview of the • policy documents. Mr. Dowdy introduced the motion to approve the public hearing minutes as presented and Mr. Michael Collins seconded the motion. Motion passed with unanimous approval. Landmark Commission December 13, 2004 page 1 It IV. DISCUSSION & OVERVIEW OF PUBLIC HEARING FOR THE W. FLORAL HEIGHTS HISTORIC DISTRICT APPLICATION Ms. Gagne reiterated the final numbers with the application — initial submittal had 85.5% property owner consent (In Favor — 183; Opposed — 12; No Response — 19). She indicated that since the City mailed the required meeting notices (November 22 "d) informing property owners of the pending public hearing, sixteen 'Opt -Out' letters were received and of those 2 were originally opposed and 1 non - response. The application still meets the City's minimum 75% requirement of property -owner interest based on the signed response forms provided with the application. Ms. Shirley Craft stated that she thought the representation from the neighborhood was good, comments were positive and it was very clear that the residents really treasure the area and the homes. She hoped it would be an inspiration for other neighborhoods within the City. Ms. Thueson commented that of the few people who were opposed they were friendly and congenial with the Commission and neighbors. Both Ms. Craft and Mr. Doug James indicated that the 'Yes' buttons worn by supporters of the application were effective. Mr. Dowdy raised a concern about the 1600 block of Hayes and the potential for altering the proposed district boundary. Members referred to the map outlining the property owner responses, noting that of the 15 lots - 5 opted out, 1 non - response, 4 initially indicated being opposed, and 5 were in favor. Ms. Craft questioned the end goal of this discussion. Mr. Dowdy suggested the idea of adjusting the proposed district boundary to exclude the 1600 block of Hayes Street. His reasoning was based on achieving a higher, overall percentage of people in favor and reducing the number of opposed and non - response incorporated into the District boundary. Ms. Thueson and Ms. Craft were concerned about arbitrarily changing the boundary as 5 people had expressed an interest for inclusion. The boundary adjustment would exclude them from being part of the District. Ms. Thueson agreed with Mr. Dowdy's comments that this was an unusual block in comparison to the entire area. She suggested that if the boundary were adjusted that it retain the western side of the block. Mr. Andy Lee, resident and application researcher, reminded the Commission that in the application significance, it outlined former Governor Allred's property was located at 1612 Hayes. This site is significant historically and culturally to the community. Members recalled the historical significance, noting that in the 1930's Wichita Falls had three people from this neighborhood competing for the title of Governor. Ms. Thueson noted that the current property owners of the Allred home along with the two adjacent properties are in favor of the designation. Ms. Craft asked staff if there may be concerns from City Council regarding the application and recommended boundary. Planning staff responded that, in their opinion, Council could have concerns regarding the number of opposed, opt -out and non - response property owners. The applicants met the basic requirement for having a minimum of 75% property owner consent and even with the recent combined opposed /opt - out/non- response there are 79.4% of property owners in favor of having the area designated. Staff carefully followed the notification procedures, public hearing requirement and clearly outlined that property owners had the opportunity to 'Opt -out' prior to the Commission's hearing and City Council consideration. Other considerations may be the estimated number of properties (38) considered 'non- contributing' based on either their age (built post 1954) or due to alterations to the extent the house no longer has architectural character. Mr. Lee asked how Council would address additional "Opt -Out" requests submitted during the interim between the Commission and Council consideration. He was concerned that if the percentage of favorable property owners fell below the minimum 75% threshold City Council might reject the application. Staff responded that the determination • would be at the discretion of City Council because the initial application met all the requirements and it still qualified the day Landmark Commission conducted their final review. Landmark Commission December 13, 2004 page 2 Members continued to discuss the application and Mr. Birck recalled the three issues of concern to City Council when the Commission updated the policy guidelines in 2003 — 1) any non - ^l response property owners were counted as a 'no'; 2) a minimum percentage of 75% of property owners in favor was needed to submit a district application; and 3) increased workload for city staff. Ms. Gagne indicated, that in recent years, staff and the Commission only review about 10 design review applications per year. Mr. James inquired if the property owners opting -out of the application are impacted by design guidelines. Ms. Gagne stated that they are not affected until the property is sold or conveyed to another party at which time it reverts to being in the District. Mr. Collins agreed that the Opt -out requests are a concern, however, with almost 80% of the property owners in favor of the application, it would be a mistake of the Commission to dwell on the few property owners opposed or that requested opt -out status. He noted that having received all necessary materials for review, it is vital that the Commission move forward with the application process. The neighborhood residents began this project 3 years ago and have worked hard to reach this point. All Commission members were in agreement with Mr. Collins comment. Ms. Craft added that it is crucial for the Commission to be united in their decision on the application and if more review time is taken the momentum within the neighborhood may be lost as in the Southland experience. Mr. James stated that the West Floral Heights application is a good model for other, older neighborhoods interesting in nominating a historic district. Mr. Birck and Mr. Collins agreed to support Mr. Dowdy's proposed boundary change only if additional letters requesting 'Opt -Out' are submitted between the Landmark Commission meeting and the Council consideration date. Ms. Thueson tended to agree with other Commission members after she re- reviewed and drove through the neighborhood. She specifically assessed the houses in the 1600 block of Hayes and believed the last three lots (1608 -1614 Hayes) really contribute to the historic status of this street and area. She indicated another reason for inclusion in the district — fagade protection from inappropriate alterations. Mr. Dowdy and Ms. Thueson discussed the 1600 block of Hayes in more detail and Ms. Thueson encouraged the applicants and Neighborhood Association to discuss the application with property owners in this general vicinity. Mr. Collins noted that in reviewing the architectural and historical significance of the properties, if the 1600 block of Hayes is removed it ignores the cultural significance of Governor Allred and the associated history - sending the wrong message to the community. Mr. James strongly agreed with Mr. Collins. V. REVIEW & CONSIDERATION FOR RECOMMENDATION OF THE W. FLORAL HEIGHTS HISTORIC DISTRICT APPLICATION The Chairperson asked the Commission members if they were prepared at this time to introduce a motion regarding the West Floral Heights Historic District application. Mr. Collins introduced a motion to recommend the West Floral Heights Historic District application as presented on December 13th for City Council consideration as a local historic district. Mr. James seconded the motion. All members of the Commission unanimously voted to recommend the application. Members discussed the motion and Mr. James thanked Mr. Dowdy for his input and appreciated his point of discussion regarding the amended boundary. Ms. Craft commended the neighborhood applicants and city staff for their efforts over the past few years with putting together such a thorough application. Mr. Dowdy asked if the neighborhood and applicants were aware of the recent changes to the application with regard to opt -out requests. Ms. Gagne • indicated that she contacted some of the applicants (Mr. Lee, Ms. Koch and Ms. Looney) prior to the public hearing to inform them that written opt -out letters were submitted. Landmark Commission December 13, 2004 page 3 1 Mr. Collins expressed appreciation for the applicants' dedication to meet all the procedural requirements associated with the application submittal. Ms. Craft inquired if the Commission -� needed to prepare anything for City Council and the timeframe for consideration. Ms. Gagne indicated that staff would prepare an agenda item tentatively for Council consideration at their January 18th meeting. The Chairperson asked if there were any comments from the applicants in attendance. Mr. Wetherbee and Mr. Lee thanked the Commission for both their work on developing the detailed policy guidelines in 2003 that enable a group to nominate an area for historic district designation and the review process. Mr. Wetherbee hoped to see other neighborhoods encouraged by their application process and he's looking forward to a positive outcome. VI. UPDATE CLG GRANT FUNDING PROGRESS Ms. Gagne provided a brief update from the Texas Historical Commission (THC). She informed the Commission that because the CLG funds are distributed from the National Park Service we must wait until Congress approves the federal budget before THC can indicate if we were success in receiving the requested funds. The THC CLG Coordinator anticipated confirmation of their budget by year -end. However, staff indicated they don't anticipate any determination until mid - January, 2005. VII. OTHER BUSINESS: The Chairperson requested staff outline the revisions to the Commission composition. Ms. Gagne indicated that there were four changes to the Commission for 2005. She recognized Mr. Ken Birck who is resigning from the Landmark Commission. Mr. Birck expressed his appreciation for the dedication of his fellow Commission members and their efforts to preserve Wichita Falls history. Members thanked Mr. Birck for his work on the Commission and encouraged him with future endeavors. The other changes with the Commission composition included the appointment of Ms. Flood to replace the WCHS position vacated by Mr. Gibson and Mr. Collins was reappointed for another term. Staff explained that with Mr. Birck's resignation there was a vacancy for a Planning & Zoning Commission (P & Z) member. Mr. Dowdy is both a P & Z and Landmark Commission member — staff requested that he replace Mr. Birck. Council approved this shift and now the Commission has a vacancy for someone with architectural expertise. Ms. Gagne encouraged Commission members to inform staff if they know a potential architectural candidate. VIII. ADJOURN The final meeting of the Commission for 2004 was adjourned at 4:08 pm. The next meeting scheduled for January is to be determined. Q, fj, 3- / - DS' J chaaf, Cha4erson Date • Landmark Commission December 13, 2004 page 4