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Landmark Commission Minutes - 01/28/2014 tf-CENED _: _ i._ERf 'S OFFICE MINUTES _. 3/141% LANDMARK COMMISSION A! .2=/ January 28, 2074 'a'e i"'liUlE: � n MEMBERS PRESENT: Stacie Flood, Chairperson • Members Jackie Lebow • Andy Lee • John Kidwell • Steve Wood • Kevin Bazner ■ Cindy Cotton • Michele Derr • Karen Montgomery-Gagne, Planning Administrator • Staff Peter Scott, Assistant City Attorney II • Leo Mantey, Planner I • ABSENT: Councilor Michael Smith • Council Liaison lMichael Koen • Members I. Call to Order, Introductions and Swearing In New Commission Members Chairperson Flood called the meeting to order at 12:00 p.m. and introduced members of the Commission. Ms Gagne stated she was pleased to welcome three new members present at the meeting to the Commission. The newly appointed members are; Cindy Cotton, Residential Historic District appointee, Kevin Bazner, Member at Large, and Michele Derr, Commercial Historic District appointee. Ms Gagne also introduced the police officer present, Mr. David Hoard, she said he is stationed at the Memorial Auditorium and will be attending most of the Landmark meetings. Ms Flood asked Ms Gagne to continue with the swearing in of the new members. Ms Gagne stated it would normally be performed by the City clerk but the meeting time conflicted with City Council's strategic planning session. Ms Gagne administered the oath of office for the new members by guiding them to recite and sign their oaths. IL Election of Landmark Commission Chairperson & Vice Chairperson for 2014. Ms Gagne stated the historic preservation ordinance stipulates the Commission will elect a new chairperson and vice chairperson annually. She gave a copy of the Landmark Commission roster to members of the Commission. It contained contact information on all members, along with appointment dates and term limits. Ms Gagne opened the floor for nomination of a member for the chairperson position. LANDMARK COMMISSION January 28,2014 Page 1 Ms Cotton introduced a motion to nominate Ms Flood for chairperson. Ms Derr seconded the nomination. Nominations for chairperson were closed and, Ms Flood was appointed chairperson for 2014 with a unanimous vote. Ms Gagne also opened the floor for nominations for a vice chairperson position. Ms Cotton introduced a motion to nominate Mr. Wood for vice chairperson. The motion was seconded by Mr. Lebow. Nominations for vice chairperson were closed and Mr. Wood was appointed vice chairperson for 2014 with a unanimous vote. III. Review & Approval of Minutes from November 26, 2013 Chairperson Flood called for review and approval of minutes from the November 2013 Landmark Commission meeting. Mr. Wood motioned for approval and Mr. Kidwell } seconded. The minutes were approved with a unanimous vote. IV. Discussion and Approval of 2014 Meeting Schedule Ms Gagne provided the Commission with copies of a tentative 2014 meeting schedule for the Landmark Commission. She stated there were changes in the composition of the Commission and that resulted in altering the times for meeting. She placed this item on the agenda to solicit views from the members, whether they want to maintain or amend the current meeting day (Tuesdays) and time (12pm). Ms Derr said she was flexible and the current time was perfect. Mr. Wood concurred, noting preference for noon timeframe Mr. Bazner made a motion to accept the proposed 2014 meeting schedule, Ms Derr seconded. The motion was approved with a unanimous vote. V. Public Hearing to Review, Consider and Determine Potential Demolition— 502 Ohio Ms Flood declared the public hearing open at 12:17 pm. Ms Gagne provided the Commission with pictures of the building, aerial map of the building and a comprehensive report with interior pictures of the building from a Code Enforcement inspection. Staff indicated the property owners, Wichita Falls Backdoor Players Inc were contacted and invited to the meeting, but they felt their presence was not needed after reviewing the memo. Ms Gagne gave a brief background on the current situation surrounding the building at 502 Ohio; explaining that as a Backdoor Theatre board member she learned of potential future actions relating to this property in the Depot Square Historic District and due to her position as the Historic Preservation Officer for the City believed it was important to ensure the Landmark Commission was aware of a potential consideration for alteration/demolition. Ms Gagne stated that she can not issue any staff administrative review for Depot District property owned by Backdoor Theatre due to conflicts of interest as a board member. Staff prepared detailed research on 502 Ohio based on information gathered from planning, code enforcement, building inspection and property management in consultation with the Texas Historical Commission (THC) architectural division. Planning staff received information in late December regarding a potential demolition of the building at 502 Ohio located in the northeast corner of the Depot Square Historic District. Staff researched commission records and found only one case in August 1994 requesting a demolition permit for 616 Seventh Street (Toadies) that was approved. Staff recommended demolition in light of safety issues and the commission voted in LANDMARK COMMISSION January 28,2014 Page 2 favor of demolition. Circumstances must have changed since the building did not end up being demolished but was renovated and restored. 1£ The following excerpt from the staff report outlines the history of 502 Ohio, regulatory requirements and pending status to assist in the Commission's review process; The Depot Square District was originally designated by City Council on March 20, 1984 and was later recognized by the Department of the Interior as a National Register District (local level significance) on February 4, 2004. The Penick-Hughes Co. Hardware Building, circa 1918, is a three-story brick building located on the corner of 5th St. and Ohio (502 Ohio). During the late 1930s and into the 1940s, deed records indicate the building housed the Great Southern Life Insurance Company and also Economy Transfer & Storage. By the 1960s the building/property was owned by D.L. Naylor. A small portion of the building was previously used as warehouse for stage sets by Backdoor Theatre, owner (December 1990 the property was deeded over to Wichita Falls Backdoor Players, Inc.) The building was classified as contributing to the historic district. In April 2009 the City's Code Enforcement division tagged the building under the 'Hazardous or Dilapidated Structures" ordinance, sent a letter to the property owners and conducted an official search warrant. At the time, the building's condition required significant corrective actions that needed to be addressed by the owners: collapsed roof, broken windows/screens, leaning interior walls/ceilings, floors collapsed/water damage, cracked foundation/slab and overall structural neglect; in addition water was shut off in September 1985. The code office recommended demolition as the structure was deemed to constitute a dangerous structure and be a clear and present menace to the public safety. The owners were given until June 2009 for corrective action. Even though it may be considered there was failure to take corrective action by the owners, the City (planning and property management) expressed concern to code enforcement with proceeding to the next stage in the process (Public Hearing for Demolition before City Council) because: a) the building/property was in the Depot Square Historic District which required Landmark Commission action prior to consideration for demolition unless ordered by City Council; and b) significant cost to the city having to pay for demolition/abatement/cleanup. During the interim and since 2010, the planning division is not aware of any developer interested in the property due to costs associated with having to fix the building coupled with repayment of the accrued tax liens. Staff believes there are two options to consider for this building: 1) remain in current condition — technically not a realistic option as there is a court order for Sheriff sale and if not purchased the building/property will fall back to current ownership and most likely continue deterioration and remain a liability and public nuisance; or 2) consider demolition from the long-term perspective for the future of this building ,,. and potential for alternate use LANDMARK COMMISSION January 28,2014 Page 3 In addition, when considering the demolition, the Historic Preservation Ordinance requires that any landmark/historic district be accompanied by an application for de- designation. Staff consulted the Texas Historical Commission, national register program and architectural review division who were in concurrence that only the building should be considered for removal/de-designation not the lot. By retaining the lot within the Depot Square Historic District it preserves the existing boundaries and the design review guidelines continue to apply to any future structure proposed on the lot. Mr. Bazner asked if new construction on the site will have to adhere to the same architecture of the building or if the historic preservation guidelines apply; Ms Gagne replied saying they have to follow the guidelines hence, any future development on the site will have to be reviewed by the Landmark Commission. Mr. Lee stated that buildings like 502 Ohio have been restored in other cities and have become high income generators for the cities; therefore he wished that no historic/landmark building be torn down. Mr. Lee also said there are other buildings in the downtown area in similar deplorable conditions like the one being discussed (713 Indiana, the Keller building etc) Ms Gagne stated the Commission can opt to table the item in discussion, do further research on it and then discuss it thoroughly at the next meeting and make a determination. Mr. Lee questioned if the Commission would be setting a precedent by allowing 502 Ohio to be demolished. Ms Cotton said the building looks good from the outside but looking at the photos provided (Code's Search Warrant interior analysis), it is evident the interior is in a bad state. Ms Cotton wanted to know if the site can be used as a parking lot after the demolition or a structure has to be built on it. Ms Gagne noted there are potential plans to lease the site to Backdoor Theatre for parking after the demolition but likely no structure on site. Mr. Lebow wanted to know the City's association with the demolition of the building. Ms Gagne replied saying the City does not want to take on the burden of the cost of demolition at taxpayer expense. Ms Cotton asked if the Commission can place any conditions on the sale of the building. Mr. Scott responded by saying the conditions have to be specific; he will however research into that and inform members at the next meeting. Mr. Bazner asked if the property is currently off the tax rolls, Ms Gagne responded saying it is on the tax rolls for a very good price in case somebody wants to purchase it. Mr. Bazner again stated the property is currently tax exempt. Ms Gagne responded that, Backdoor Theatre lost their tax exempt status when they quit utilizing the building to store sets and costumes due in part to the roof collapsing as well as water damage ruining some of the costumes. Ms Flood wanted to know if the Commission will still request a development review, in case somebody buys the property and decides to restore the building even after the building has been de-designated. Mr. Lee answered saying they will still have to present an application for review to the Commission if they want to restore the building. Mr. Wood stated the Commission will need to wait until after the sale of the property in order to decide on whether to de-designate the building or not. He said that decision will be based on the proposed new use of the building. He said his strongest recommendation will be to suggest to buyers to retain the building. LANDMARK COMMISSION January 28,2014 Page 4 Ms Cotton said chances are that, homeless people might live in the building and as such the Commission should consider the safety aspect and if there is liability to the Commission for not addressing the situation. Ms Flood stated that according to the historic preservation ordinance, designated buildings have to be maintained, her concern is what can be done if new developments as well as other designated buildings are not being renovated or preserved. Mr. Scott said fines can be imposed, however those fines do not mandate corrective actions. Mr. Wood stated the case of this building is another lesson for the importance of being proactive in downtown with the Commission, the City as a whole and Downtown Wichita Falls Development in working together for betterment of downtown development and enhancement of historic buildings. Ms Gagne informed the Commission they have the option to table the agenda item, and discuss it further at next month's meeting. She said staff wanted to ensure members of the Commission had all necessary information in order to make an informed collective decision. Staff noted that over the past four to five years various Depot District buildings and/or landmarks have been discussed for life, health and safety concerns and the potential that if said structures did not get renovated the time may come when demolition may have to be discussed. Ms Gagne also referenced the historic preservation ordinance and stated City Council can make a determination and order demolition via the public hearing for demolition process. The building at 502 Ohio was close to that point in 2009 when it was deemed by Code Enforcement to constitute a dangerous structure and be a clear and present menace to public safety. Mr. Kidwell made a motion to recommend demolishing the building on 502 Ohio. Mr. Lebow seconded. The Commission continued discussion prior to voting on the issue. Members voted on the motion, no one was opposed and the motion was unanimously approved. Ms Cotton asked if conditions can be placed on the Sheriff's Sale. Mr. Scott answered by saying it is possible but the recommendations have to be specific and be related to the topic in discussion. Mr. Bazner made a motion to close the public hearing. Mr. Wood seconded. The motion carried unanimously. The public hearing closed at 1:01 pm VI. Review & Determination for Removal of Building at 502 Ohio from Historic Designation - Depot Square Historic District Mr. Wood suggested a hold on this discussion until the property is sold. Mr. Wood said he would prefer not to de-designate without knowing what the new proposed use will be. Ms Flood asked if the building becomes automatically de-designated when it gets demolished. Mr. Scott answered saying it will be difficult to de-designate a building that doesn't exist. Mr. Wood again suggested it would be better to wait after the sale of the building to determine the next step forward. Ms Flood informed the Commission that buildings in the historic district are either contributing or non-contributing structures. She said the building at 502 Ohio might not be a contributing structure and can be left in the historic district without de-designation it. Ms Gagne responded by saying the building at 502 Ohio is a contributing structure. r Mr. Wood suggested designating it as a non-contributing structure. Ms Gagne answered saying she will have to inquire from the Texas Historical Commission (THC) on how to move forward on this suggestion as the Depot District is also a National LANDMARK COMMISSION January 28,2014 Page 5 Register District. Mr. Wood requested Ms Gagne obtain advice from the Texas Historical Commission on either changing the building from a contributing structure to a non-contributing structure or de-designating the building from the historic district. Staff noted they spoke with THC and they also suggested considering de-designation of only the building not the property so design review would be retained Mr. Wood made a motion to table the item on the agenda until additional information is provided from the Texas Historical Commission. Ms Cotton seconded. The motion was unanimously approved. VII. Update THC Annual CLG Report—due January 31, 2014 Ms Gagne informed the Commission the Texas Historic Commission (THC) changed the reporting process in 2012; it is now an online submittal via surveymonkey.com. The report requires a summary of preservation activity in the past year. Ms Gagne said the Commission had a goal two years ago of getting ten properties designated by the city. A lot of effort was put into meeting that goal and seven landmarks were designated within the two year period. She also said the reporting period is based on the federal fiscal year beginning on October 1 to September 30 2013. Ms Gagne informed the Commission that within the fiscal time period, 34 design review applications were submitted, several of them were major reviews that came before the Commission and the rest were minor items reviewed by staff. She also said there were Section 106 reviews. Staff was able to complete the annual report on time and requested THC provides a copy of the online survey for the City's records. VIII. Other Business a)West Floral Heights Historic District—Monthly Report Ms Cotton said there was no new information. b)Council Update— Historic Preservation Ordinance Revisions—Nov 19th Ms Gagne provided members a copy of the revised ordinance approved by City Council in November 2013. She said the ordinance incorporates everything that will be found in the City's Code of Ordinances which is online via Municode (a corporation that manages city ordinances) on the City's website. Ms Gagne stated the City is in the process of updating all of their ordinances through codification. Codification involves the City submitting all Council approved revisions to be updated in their database so they can be accessed online. c) Update- List of City of Wichita Falls Designated Landmarks Ms Gagne gave members a copy of the list of historic designated properties in the City. She stated the last property to be designated was the McMahon-Bullington-Prothro house at 2028 Avondale Street. Ms Gagne also informed the Commission that during codification, the list will be reflected in the ordinance update so all 35 designated properties are noted. d)THC Section 106 Determination—Telecommunications Tower— 106 Michigan LANDMARK COMMISSION January 28,2014 Page 6 Ms Gagne informed members they received a notification from THC there was no issue with the proposed tower location on Michigan. She said it was previously submitted to the Planning and Zoning Commission and was recommended for approval. e)Zale Video: Many Facets—The Zale Legacy circa 2002—available for viewing Ms Gagne informed members the video was presented to the Wichita County Heritage Society by the Zales Foundation and introduced to the preservation community at the Kemp Center in 2001/02. She stated the Zales building downtown is connected to the Zales Jewelry Corporation. Ms Gagne said it's a 30-minute video which talks about how the business started in Wichita Falls and how it has grown into the international corporation it is today. Ms Derr requested to borrow a copy of the DVD and will return it after viewing. f) Design Review— Staff Authorized Minor Alteration 1 Repairs Ms Gagne informed the Commission most of the applications were minor reviews. - 1409 Tilden—carport renovation/roof repair - 1301 Grant— roof replacement (asbestos to composition shingle) - 1705 Tilden --plumbing (Rebath) —interior alteration - 111 Pembroke—roof replacement (composition shingle) - 1314 Grant—installation of new HVAC system - 1611 Hayes —changing HVAC system - 1300 Tilden— residential plumbing permit for new flow system; existing sewer line g)Articles & Periodicals—TX Parks &Wildlife—Jan/Feb issue "3 days in the Field—Weekend getaway in Wichita Falls" Ms Gagne presented the Commission with an article about tourism in Wichita Falls that was featured in the Texas Parks and Wildlife magazine. The author describes the good experience had on his visit to Wichita Falls. The article concluded by noting the author ran out of time before running out of things to do in Wichita Falls IX. New Business: No new business. X. Adjourn The meeting adjourned at 1:29pm. Stacie Flood, Chairperson Date LANDMARK COMMISSION January 28,2014 Page 7