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Ord 3307 4/18/1978 - 3 t I • 4, DESIGN REVIEW COMMISSION ARTICLE I ADMINISTRATION 1 Section 1.1 General 1 Section 1.2 Organization 1 Section 1.3 Powers and Duties 2 Section 1.4 Appeal 2 Section 1.5 Compliance 2 ARTICLE 2 PROCEDURES 2 Section 2.1 Requirements 2 Section 2.2 Area to which Ordinance applies 3 Section 2.3 Criteria 4 cont. 5 • ORDINANCE NO. a7 AN ORDINANCE CREATING A DESIGN REVIEW CO:i1ISSION FOR THE CITY OF WICHITA FALLS ; PROVIDING FOR THE APPOINTMENT OF ITS `'[E%(BERS ; PRESCRIBING TI'E POWERS AND DUTIES OF THE DESIGN REVIEW COMMISSION; DEFINING THE AREA OF WICHITA FALLS IN WHICH THESE POWERS AND DUTIES ARE TO sE ENFORCED; PRESCRIBING. THE NUMBER AND QUALIFICATIONS OF ITS MEMBERS AND THEIR TERI OF OFFICE; ESTABLISHING CRITERIA TO BE USED IN CONSIDERING APPLICATIONS FOR DESIGN REVIEW. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: ARTICLE I: ADMINISTRATION SECTION 1. 1 GENERAL The City of Wichita Falls encourages developers to attain architectural and urban environmental design excellence in their joint efforts to redevelop and revitalize the City and create restored historical landmarks and districts within the City. It is intended to provide advice and assure compliance with goals, objectives and recommendations which prevent inharmonious, bazarre and out-of- scale redevelopment and revitalization efforts. To this end, the City of Wichita Falls, Texas will require and provide design review through the Design Review Commission established herein. The aim of the Design Review Commission will be to aid in creating an urban environmental design which enhances the aesthetic and cultural qualities of the entire City and, in so doing, promote the health, safety, convenience and general welfare of the citizenry of Wichita Falls, Texas. SECTION 1.2 ORGANIZATION a. There is hereby created a Design Review Commission consisting of seven (7) members, each of whom shall be a resident of the City of Wichita Falls, and who shall serve without pay. b. The Mayor shall appoint the members of said Commission, and each person so appointed must be approved by the Board of Aldermen of the City of Wichita Falls before becoming a member thereof. The terms of said members shall be for a period of two (2) years and thereafter until their successors are appoint- ed and approved; however, the initial terms shall be staggered by appointing four (4) of the initial members of the commission to a term expiring December 31, 1980 and three (3) to a term expiring December 31, 1979. All vacancies shall be filled by appointment of the Mayor with the consent and approval of the Board of Aldermen and shall be for the remainder of the term of the vacating member. Any member of the Design Review Commission may be removed from his office at any time by a five- seventh (5/7) majority vote of the Board of Aldermen and no reason need he given for such removal. c. The Design Review Commission shall be comprised of three (3) members of the Wichita County Heritage Society, two (2) members of the American Institute of Architects, one (1) member of the City of Wichita Falls, Planning Board, and one (1) member of the Midtown Now Executive Board. d. When a Design Review Commission member has direct pecuniary interest in any matter before the Design Review Commission, said member shall disqualify himself while the Design Review Commission is hearing the matter. e. The Design Review Commission shall elect a chairman from its membership who shall appoint a commission vice chairman. The chairman shall preside at all Design Review Commission meetings; the vice chairman shall pre- side in the absence of the chairman. f. Meetings of the Design Review Commission shall be open to the public and shall be at the call of its chairman, or at such other times as the rules of the Design Review Commission shall determine. g. For the purpose of transacting any business, four (4) members of the Design Review Commission shall constitute a quorum, and at least four (4) affirmative votes shall be necessary to carry any action of the Design Review Commission. fr - 2 - SECTION 1.3 POWERS AND DUTIES a. The Design Review Commission shall have the power to approve, conditionally approve, or disapprove applications for design review as required by Section 2.1 . Their decision shall be based solely on the applicable design criteria set forth in Section 2.3. b. In addition, the members of the Design Review Commission shall thoroughly familiarize themselves with the buildings, land, and areas within the City which may be eligible for designation as historic landmarks and shall re- commend to the Board of Aldermen that certain buildings,land, and areas in the City be designated as historic landmarks. SECTION 1.4 APPEAL a. Any applicant for Design Review approval who is dissatisfied or aggrieved by the decision of the Design Review Commission may appeal such decision to the Planning Board by requesting the Director of Planning to place the appeal on the agenda of the next regular meeting of the Planning Board which is held not less than ten (10) days after the Design Review Commission decision. b. Any applicant for Design Review approval who is dissatisfied or aggrieved by the decision of the Planning Board may appeal such decision to the Board of Alderman by filing the written Notice of Appeal with the City Clerk not later than thirty (30) days from the date of the Planning Board decision. SECTION 1.5 COMPLIANCE a. Prior to the issuance of a building permit or a demolition permit within historical districts or landmarks that may be designated by the Board of Aldermen, which falls under Section 2.1, the Building Inspection Department shall ascertain that the Design Review Commission has approved or conditionally approved the plans presented with the Building Permit or Demolition Permit application. b. Any failure to comply with the provisions of this ordinance shall cause the Building Inspection Department to refuse issuance of a building permit or to cancel any permit previously issued. ARTICLE II: PROCEDURES SECTION 2.1 REQUIREMENTS Prior to the change of any structurel3 exterior character, by remodeling or alteration or the preparation of final architectural or engineering drawings for any structure to be constructed, reconstructed or renovated, or prior to the demolition of any structure, within a designated historical district or landmark, the developer or his representative shall submit the following to the Design Review Commission. a. The developer shall make application for Design Review on such forms to be furnished by the Planning Division and to include applicants name, mailing address, location of property, legal description of property and such other information as deemed necessary by the Director of Planning and the Design Review Commission. b. The applicant shall submit plans rendering elevations of the front, sides, and rear of the building, to scale, adequately illustrating the structureb character and treatment and relationship to adjacent developments c. The applicant shall submit a site plan, to scale, showing area covered by the structure, parking areas, and landscaping treatment. d. The applicant shall submit evidence that the structure does not contribute to historical significance of a district or landmark for application for demolition permits. The Design Review Commission shall impose such conditions as it may deem necessary in order to fully carry out the provisions and intent of this ordinance and as more specifically outlined in Section 2.4 (Criteria). A nota- tion of the Design Review Commission's action shall be indelibly imprinted on each sheet of two sets of plans. One set shall be retained in the Building Inspection file and one set shall be returned to the developer or his represent- ative. 1 - 3 - SECTION 2.2 AREA TO WHICH ORDINANCE APPLIES a, With regard to the power and duty of the Design Review Commission to recommend to the Board of Aldermen that certain buildings, land and areas be designated as historic landmarks, this ordinance shall apply to the entire City. b. With regard to design review, this ordinance shall apply to structures located within the Historical District which was proposed in the Midtown 2000 Community Renewal Sector Plan, prepared by the City Planning Divi- sion, and in the Depot Square Restoration Plan recommended by the Wichita County Heritage Society. The Historical District, to be known as the Depot Square His- torical District, is hereby established, to consist of the following area: Beginning at the northeast corner of Seventh Street and Indiana Avenue; Thence northwesterly along the east right-of-way line of Indiana Avenue one hundred feet; Thence easterly along southerly lot line of lot 10, block 152, lot 5, block 152 to the easterly right-of-way line of Ohio Avenue; Thence southerly along the easterly right-of-way line of Ohio Avenue to the northeast corner of Ohio Avenue and Seventh Street; Thence northeasterly along the southerly line of block 153 and the northerly right-of-way line of Seventh Street to the south- easterly corner of lot 7, block 153; Thence southerly crossing Seventh Street to the northeasterly corner of block 162; Thence southeasterly along the easterly line of block 162 to its southeast corner; Thence across Eighth Street to the northeasterly corner of block 177; Thence along the easterly line of block 177, one hundred (100) feet to the southeast corner of lot 2, block 177; Thence southwesterly along the southerly line of lot 2, block 177, across a twenty (20) foot alley to the southeast corner of lot 13, block 177; Thence southwesterly along the southerly lot line of lot 13, block 177 to the easterly right-of-way line of Ohio Avenue, across said right-of-way to the southeast corner of lot 2 block 176; Thence southerly along the easterly line of block 176 fifty (50) feet to the southeast corner of lot 3, block 176; Thence southwesterly along the southerly lot line of lot 3, block 176 to the southwest corner of said lot; Thence across a twenty (20) foot alley to the southeast corner of lot 12, block 176; Thence northerly along the easterly lot lines of lots 12, 13, and 14, block 176, to the southerly right-of-way line of Eighth Street; Thence northerly across Eighth Street to the southerly line of block 163, the southeast corner of lot 8, block 163; Thence northerly along the easterly line of lots 8, 9, 10, 11, and 12, to the southeast corner of lot 13, block 163; Thence southwesterly along said lot line seventy-five (75) feet to a point; - 4 - Thence northwesterly to a point in the north lot line of lot 14, block 163, said point being seventy-five (75) feet south- westerly along the northerly lot line of lot 14, from the northeast corner of lot 14, block 163; Thence southwesterly along said lot line to the northwest corner of lot 14, block 163 which is also the southeast corner of Indiana and Seventh Street; Thence northerly across Seventh Street to the place of beginning, all being in the Original townsite. In addition, the Depot Square Historical District shall include any structure walls abutting Seventh Street on lots 7 and 8, block 153, abutting Ohio Avenue on lots 8 and 9, block 153, abutting the alley on lots 8 through 12, block 163, abutting Seventh Street on lot 14, block 163, abutting the alley on lots 12 through 14, block 176, all in the Original Townsite. SECTION 2.3 CRITERIA To preserve the integrity of historical distri. Ls or landmarks that may be designated by the Board of Aldermen, the following design criteria shall be used to compare and evaluate individual structures presented for design review. The intent of these criteria is to assure the preservation of the architectural and historic character of the structures located within the historical district or land- mark. The criteria provide guidelines for the restoration of existing structures and assure that new construction will blend with the existing character of the area. a. Design criteria used to compare and evaiu.te existing structures for rehabilitation within a designated historical district or landmark include the follow- ing: 1. Every reasonable effort shall be made to use a structure for its originally intended purpose or to provide a compatible use which will require minimum alteration to the structure and its environment. 2. Rehabilitation work shall not destroy the distinguishing qualities or character of the structure and its environment. The removal or alteration of any historic material or architectural features should be held to a minimum. 3. Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match material being replaced in the composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of original features, substantiated by physical or pictorial evidence rather than on conjectural designs or the availabi- lity of different architectural features from other buildings. 4. Distinctive stylistic features or examples of skilled crafts- manship which characterize historic structures and often predate the mass production of building materials shall be treated with sensitivity . 5. Changes which may have taken place in the course of time are evidence of the history and development of the structure and its environment. These changes may have acquired significance in their own right, and this signifi- cance shall be recognized and respected. 6. All structures shall be recognized as products of their own time. Alterations to create an earlier appearance shall be discouraged. 7. Contemporary design for additions to existing structures or landscaping shall not be discouraged if such design is compatible with the size, scale, color, material, and character of the neighborhood, structures, or its environment. 8. Wherever possible, new additions or alterations to structures shall be done in such a manner that if they were to be removed in the future, the essential form and integrity of the original structure would be unimpaired. - 5 - b. Design criteria used to compare and evaluate new construction within a designated historical district or landmark include the following: 1. Buildings should be constructed to a height within ten percent of the average height of existing adjacent buildings. 2. The relationship between the width and height of the front elevation and the width to height of windows and doors should be consistent with other buildings within the area. 3. Rhythm, or the ordered recurrent alteration of strong and weak elements of the masses to openings should be considered. 4. Material should be consistent with existing structures within the area in design, color, texture, and other visual qualities. 5. Architectural detail should be condi_stent with existing structures within the area. Details may include the selection of cornices, arches, quoins, balustrades, wrought iron work, chimneys or roof shape. 6. The selection of a particular quality and quantity of land- scaping should be in continuity with the surrounding area. c. Design criteria for general use throughout a designated historical district or landmark include the following: 1. Signs a. Graphic designs or individual letter mounted or placed directly on the face of a building are generally a preferred sign type. b. Carefully designed signs on boards or plaques mounted flush with the side of the building are generally a preferred sign type. c. Simplicity and restraint in the selection of materials and lighting are encouraged. Wood, wrought iron, and steel are preferable to plastics and extruded aluminum. Lighting achieved by flood or projected light or exposed globes is preferred to back lighting. Signs with rotating, blinking, or other features that appear to be moving are prohibited. 2. Sidewalks and curbs, constructed in an adequate, barrier free, and aesthetic manner providing an efficient and convenient system for pedestrian movement are encouraged. Street furniture for comfort and convenience and aesthet- ically pleasing street hardware including pedestrian scale lighting fixtures and intensities are encouraged. 3. Parkins and loading - Off-street parking and loading facilities have an efficient functional relationship to the overall vehicular circulation system. The enhancement of the aesthetic quality of off-street parking and loading facilities with unobtrusive and appropriate screening and landscaping is encouraged. PASSED AND APPROVED THIS THE j/S)46 day of � , 1978 MAYOR ATTEST: CITY CLERK ■ - Ei LAJ 0 O to 43 � ¢,. ,SV4 D 44<, ./ 4 1 I I ill‘° 4S P,, ■ rJ ,z /0 4 l \ �o .4 t, .8■ #A,P, MI . . -,4fre'..,,,,4 I __maw 7