Landmark Commission Minutes - 04/25/2017MINUTES
CANDMARK CMO MISSION
April z5, zu1 r
MEMBERS PRESEN i:
Andy Cee. C hairpe,son
■ Members
Barney 6rUCK
. Paiz CU„on
Michele Derr
■
John Dickinson
■
t;hristy Graham
■
Am alahll5on
Stacie Fluud
Michael SmitM
■ Council Liaison
Karn 43a9nC, Planning Administrator ■ City staff
Platt Prouty_ Planner II
00515y 1 ea'ane,
Assistant Director %T Lummun;ty Development/Building Official ■
James McKechnie, Senior Aa5i5tant City Attorney ■ Legal Dept.
A5SF:R I:
Cindy Ramirez ■
Jackie Lebow
I. Call to Order, and Intrudautions
Chairperson Andy Lee called the mueti,i-g to order at 11:00 p.m.
II. Review & Apprval of Minates from Marcel A zu-I r
%,Mairpersom CGe called Tor review and approval of minutes Tr --m tht March z0_ zu17
Landmark uommisaic" me=—t;ng. Mrs. Michaele Derr made a motion to app,eve the
minutes. Mrs. Christy uraPiam 3ecmided the motion. The motion was taKen to a Mute
and passed unanimously.
111. Applicatiuri Tor Desi-yn Review -1500 Grant Street (vvu5t Flort Re;yFits) - Reyaest
to replace a covered deck in the back yarai ornamental tuncu and
foundation and DricR mpaiu.
Mr. Platt Prouty statea Me MomauYyner, 101,. Cary Fox, was rryaesting to place a covered
patio in the rear yard: adjacent to an existing cancrete pad. I he covered deck would be
con5tracted out of yellow cedar with a metal rooT. I Pie applicant was also pi opusing to
replace the aki5tin-y chain link tenee, located in the side anti rear ya,d, with an ornamental
fence. Mr. l"Moty stated the applicant was also proposing to do ma5ani-Y repair to the
foundation.
LANDMAR" CO""'IcclnW parrs 9 April 29, 20]7
Urs, rrhriety graham pointed out that the rnvprPd derk would not he very viSihle haled
an the tree- growth siirrouodiog it. Mr. Fax ronfirmed that the deck would be obscured.
Mr. Raroey Rrnrk made the motion to approve the aDDlication as presented. Mrs. Chrlcty
Graham seconded the motion. The ^n_m_Leiou voted nen the Wn_tin_G; meting paeead
unanimn_ucly.
IV. Appliratian fnr I)esig0 Rev1ew - 1314 Ruchanan Street (West Floral Heights) -
Request to place a wood framed carnort and attached storage building -* the n= -r
of the pronertm.
Mr. M=tt Dr_uty ---toted the-_ applicant, Mr. deory Heroande7, was regVecting to plare n
wr%nd fr=Med rarpnrt and attached ctnrnge- hLlildiog at the rear of the prnperty, along the
alley, Mr. HeroaDde7 stated there bad previously been a garage at the proposed location,
but the City had required him to tear it down. He did not have the funds to restore the
building at the time because he had out c_ much toward ractnriog the- h__a.
Mr. Prouty stated the applicant would pot he takjoq direct vehicle arress off of the alley.
heDra was allowed to lornte 9 foot from the rear property line. He stated the carport and
storage building would be setback 15 feet from the exterior side Dron_emc line. therefore it
would not reauire a condition -1 use permit We ctatmd vzhinje arcace Setnuld his taken from
thi= Ovietjng curh rut Incated no the avtarinr side of the property.
Mrs, r:hrjsty Graham asked if the roof was going to he asphalt shingles similar to those
on the house. Mr. Hernandez confirmed that the roof would be similar to what was on
the house. ChairD_rc_n I ee ctoted th8t the Dr�Docad etrtirturec appeared to hem jo order
with tha deGign guidalioec-, nod that the eyiQtiog privarV fence would IiMit vjcihility from
the puhlir right -of way. Ms. Starie Flood made the motioo to approve the npplirntioD as
presented. Mr. JohD Injrkinson seconded the motion. The commission voted on the
motion; motion passed unanimously.
]l, nicrVccjnn It_om; 1 n-aal 1 apdmark PrnpnrtipcldicLnric ninfricts and the r -Acting
Ruilding Code
rhajrpersoo I ee stated that with all the Dew and 11promiog development forimed io the
downtown area, many questions had arisen regarding how to address building code for
restoration Drojects on historic huildings. We i_tr_du^-d Rn--hhv Teague, Assistant
r)iractor of F—IM UCity i)astolQpmant nod Pi rildiog Clffjcjal, and etnted ha Setas thara to
r.lear up cnme of those guPctjnoc,
Mr. Teague stated one of the main problems people were encountering with older
buildings was trving to rests -re the= f_,r 2 u -e different from the =rigi=al use. He stated
that Serjth the chaOQe iG use thera Setnuld tYgicallV ha a chnoge iG nrcupaorV, nod with a ch
different type- of orrupaory there were a Separate set of regiliremmoN. de Gtnted that
each type of orrupanry had a square footage threshold at whirh a Sprinkler system would
be required. Mr. Teague stated that, because of the expense involved, the installation of
SDrlukl_r SVeteWc teGderi t^_ he _nam _f W�oiD issues De_ple eoc_uctered when restoring
nldar huildiGge.
Mr. Teague stated the State had adopted the 2t_]9 5 Fnergy Code, but Wirhjta Falls was
still operating under the 2006 Energy Code. He stated because Wichita Falls was
considered an attainment area based on air pollution levels, the city was allowed to adopt
17RuMARR COMMISSION PAGE s MPAI eo' ca, I
wMatuver version at the energy code it cR:,ae tti adopt. Mr. 1 eagae Stated that vvicllita
Falls would BE moving to the 2015 Energy Loae Tor ru5iaev,tial_ Bat there we,e some
changes that were yuiny to Be made. Re stated the city would 6e adopting the 2009
Energy Code for commercial prupertieb; Bat that the flexibility granted to the -ity also
made it NossiBle for them to consider duvalup;ny a sepa, ate energy code specirically
focused un IRE dow,rtown area. Re stated this could 5a an opportunity to alleviate some
of the cost involved with rFiaBilitating older buildings.
mr. I eagae stated the 1998 Mew jersey Cade was the predecessor to the International
Existing Baildi,,-y Cade. Re Stated he spoRe witn a gentleman tro,, i the International Code
Council (II;C;), Ao intormea him that the 1998 New Uersey Uoae Had Beall abed as a
primary document wMun developing the International Existing Building t;aae. Re stated
that the International Existing Building Laae. which the city had aaoptea, cuntainea
provi5ion5 that allowed deviation from varioa5 5ection5. Mr. I eagae stated that Fire Goat
Mad to 6e met, But Chapter 14, Compliance miternativea, gave the Building owners the
option to Hire a The protection engineer who can rate the budding and potentially provide
alternative solutions Tor acme regairementb. Mr. Teague statea vvicMita Falls did not have
the Property Maintenance gore adopted: Hence it is not required but can Be aaea
cecaa5e it is ,eter=nced in the Internatiunal Ekisting 13ailding Code. He stated Me
Property maintenance Code had been adopted Tur sae rega,ding minimam housing
standards.
Mr. Prouty stated that several uT Me arc;H;tects who he spoke with at the Pmaervation
IOAa5 Summit in Waco indicated that any time they Had atiliced the Compliance
Aternativaa bectiuii at the code, a fire protection anyineer had Been involved in the
process. Re stated that in these inbtances, it was at the discretion ut the authority having
jurisdiction and the Tire cMiet to determine whether the proposed alturnatives coals Be
m igaged, or whether they would need to Be deviated from; or abanaonea. Mr. Prouty
atatad that the architects he spoRe with indicated that when they undeRooR a prujuUt
involviny a change of occupancy in a historic Bui5rig, May tended to bpi inkle the building
rather Mian dual ,vitM all of the Cal plicated varialsles that could arise daring the coarse of
a project. He stated tnat installing a bp, inkler system could 6e a,.pen5;ve. But it could
albo provide relief from other palTa of the coae Bach as providing protecti"u corridom or
enclosed fire stairb.
ivir. I eayou pointed vat that if you are rehabilitating a au;lainy that it, being utilized for the
same use as it vvau originally intended, Sprinklers would nut BG rega;red. even though a
new Building witA the acme ase would require a sprinkler system. Re statea that it was
only when changing to a more intensive ase with a higher occupancy clai aiticat;on that
the Building would have to be brought up to curre, it standards.
Mrs. Gj1lristy Graham asRea it a non -historic building in the downtown area were to change
to a more intensive ase_ would they be required to meet tMu cone,it energy Cade
requirements for windows. Mi. I eaquue stated in the case of a non-Miaturic Baildirig they
would Be legally required to meet ME stanaarab of the current energy code. However,
Becaa5a at the tlexibility allowed to attainment pities. Building inspections naa taRer, the
stance tHat it the glabb is not being changed, it coria be Rept: Bat it the glass is Qeing
changed uat, it would Have to Be replaced with glasa IMat meets the requirements of the
Energy Core. 9%. GraRam aSRea what would be required -UT tMe Business owner it home
LANDMARK COMMISSION ger_- a And 25, 2017
of the %Aiindr%wQ ward to ho hrnke►n due to Vandalism. Mr. Teague stated if replacing just
the pane of glass, the owner would not he required to meet the current energv cod_, but
If the entire unit IS being replaced. It would need t0 be UD to code. We raiteratrri that thjc
was only an option due to the adopti tO tho rude that vara rUrraotly heioq developed
for Wichita Fails evemMing both hictQrir nod non-inktprir hslildingc from certain
reauiremeote of the Fnergy rode. He stated the adoptions would have to he approved
KV tha city rnuocil, but the mi Ioril's current focus on revitalizing downtown gave support
to the idea that it would he well received. Ms. Stacie Flood a -lead whoa thece UatA,
adoptions would go into effect. Mr. Teague stated it could etill he a faw months hefora
the changes went hafnre the city r_nunnil.
hdre, r.hrjcty rrnham brought up the example of the Bank One building in Ft. Worth, which
was damaged in a tornado. She stated the building could not be torn down_ hecml-e— it
would cause damage to some of the sur—u=ding etruefUree. When the building waQ
purchased, the new =wuere chnocied tha Lica frnm nfrecoanapamhuilding. nue
to tha change in Qrcupanry, they were. told the stairwell was R ionhes too narrow and a
carnod stairwell would need to he iostalled. She asked if there would be a possible
exemption should a similar situation occur in Wichita Falls. Mr. Teague stated thee -
situations would be evaluated on a case by rasa hncic, and thic would ha nna of thnca
instance- whmra the avQerticr_ of a fire prntectinn engineer would he reguired. He stated
that fires cnfaty anri agrr�sc reguiremeots were issues of life, health, and safety and
ultimately the requirements of Fire Code would have to be met.
Chairperson Lee pointed out that due t_ the age Of the Utility cyetwmc in place in the
d_'uUtnwn are8, property QSArnare afore ancougt?ring problems when attempting to sAn►jce
their huildings in order to jnctall sprinkler systems, ire stated in many naczes the existing
utilities were iosuffirient to support some of the necessary updates. Mr. Lee asked Mr.
Teague where he saw things going in regard to utilities downtown. Mr. Teague stated
that the demand would have to be met. He stated that whothar the r+_etc invnl,fed would
Ua_d to ha nrivorad KV the dewminpar, nr whathar r.ity rnuor'il 1Afnrild chnnca tQ eat aQirie
fi rock fpr thace prnjentc wac at thjc stage- unknown.
Chairperson Lee asked how Building Inspections would be addressing the Historic
Building Code, Section 3400. Mr. Teague stated that in the ')n1 R 1=teroestionol Ruildina
rnde, rhagter'Ad n_ InUger evicted hot -mica it wac raplacprl hV the evicting Building
rnde, which wac taken dirently from rhapte-r �4. C..hairpercno I ee asked if there were
eXemptioos fnr historic: hi Iildings in the Fxisting Building Code. Mr. Teague stated historin
buildings were already exempt from the Energy Codes. He stated Chapter 14.
Camnliance Alternatives, would also provide some relief for historic buildings. He stated
there wac n cartioO in tha Bvictlgg nuildiog rode chafing with ovamptionc for hietnrin
hUilriingc from ragitireMeotc that would change the+ hjctnrjn character of tho structure.
Mrs. Graham asked if a structure had to be a designated landmark. or built before a
certain vear in order to gualifv for the exemo_tions. Mr. Teague stated that Chanter 14 of
the Bvietiog Rrtllding rode did Qn_t applV to anV ctructuree huilt after 'Qdc, end the
prnpertiec had tn_ he ragjstered lnodmarks in order to gimlify fnr avemptinnc. Ha ctated
that they nould provide on relief from State mandatQd haodirap ar:cPssihility
requirements. The only option in regard to handicap accessihility is to apply fpr n waiver
from Texas Accessibility Standards through the State.
IXNDI 1ARK coMMIssION PAGE 5 April zo, l0i f
Chairperson CBE stated imp,oviny Sidewalks and maRi„g them more accessible based
on ADA requirements rvaa important to the healthy growth UT dov►ntown. Mr. Teayae
stated that P061ic Works worKud on 5idewaiR repair projects and coma Be a potential
source of assistance in this area. Mrs. C;Mriaty grana,,, Stated one of tae proBlema in
downtown was that the wrong type of trees dad been planted. She Stated the roots or tae
Live Oaks were tearing op the waawalRb. Mr. Teague stated there was an ordinance
pruhi6iting the removal or THE trEa5. Bat it was the property owner`s ra5p70115ibility to
maintain the sidewalks. Mrs. Derr pvintiad out that repairing the siaewalRa was made
airricult By not Beiny able to remove the trues. She statCa you could not repair tnu
sidewalK witdout outtiny the roots, which could in turn Rill tHE tree. Mr. P,onty suggested
that a root barrier mlgdt Be aBle to alleviate the problem. Mir. i 7uag'ue stated that as the
trees die they should be replaced with treas better Suited to the environment.
Mr. Ren Dovvay, 1 Uu5 91” Street; asked iT Mere dad Been any discassion regarding
adopting a property maintenance ordinance to protect diatudc Buildinyb. Mr. Teague
Stated that two attempts dada Bee,, ,,rade, but had been turned aow,, By Uty council. He
5tatud that a propel maintenance code was needed to protect wdat remained ut the
Uty`5 Historic stractureb. He stated tdat ono u -T the goals of the new City Council vvas u
improve davvntawn_ and there would be runner attempts to get d property maintenance
code approvea.
Mr. John Rirschi asked if tdere dad Been any consideration of allowing carved 5idewalfcs
cn large, properties. Mr. Teague statEd the 5idewalfc ordinance states tdat a aiaavv2tlR
Has to Be i toot atr the property line; other Man Mat it would have to be a determination
by the Public vvurRs Department.
Mr. Dick Graham referred to THE Uity ut Wichita Falls' requirement Tor ME involve,, lent of
a Tire protection engineer in order to utili,-e Chapter 14 of the Existing 6uildi„g Gode,
i✓omplialnce Hlte,,,atives. He asked if tnis was 3ometFiiny that other cities requirea. 191r.
Teague stated it vva5 not written into the Existing Build;n-y Guar as a requirement, but tdat
several other cities dad also aaupted it a5 a requirement. R -W stated that the majority of
arvhitects would not ZaRe o„ such a project without the aid or a Tire protect -Ion engineer.
mr. vraham Stated he felt tdis requirement created an onnecessary aaaed'„ penae w5en
dealing with smaller, one story structures.
Mr. Henry Rernarnde,- a5Red it the Gity had ever considered having a competition where
local artists created sculptures used as bike racks in order to Beautify the downtown
sidewalfcs. Ms. Cyntdia Caney stated one of the projects Downtuwn vvichita Falls
Development had identiftea as a potential arts project for downtown Had Been one
Tocusiny on Bicycles. Mr. dames McRecdniE advi5ea Uair,r,an Lee that the aiscuiaa;on
was veering away tram the meeting agenda.
IV6. Stacie Flood stated that Lnapte, 14 of the Existing Suila;,,g GodE aid nut addre-55
p,aperties 6ailt after 1y45, but a property Built in 1947 was still ru year old. She asked
vYhen the date threshold for historic prupertie5 would 5e apdated. Mr. i eague atatEa that
t,dapter 14 States that it is recommended By Imou to adopt the year that the first Building
codes ware adopted ;n the city; and this was How tyle year 1945 was aro, ived at. After that
point there we,u Buiiai„y codes in place to govern How tdi„g5 were Built.
LANa"AADLe rrQLjRAlgelnpl eAGF r April 25, 2017
Mc, r:;rnlyn I onney asked what section of the code dealt with hjeti;iric recldeutlal
Structures. She stated there was a ho--- io the VV=caf Elnral Waightc EJjctnrjc njctrjrt with
boarded windows th-t are vjcjhle from the right_nf_wnV. RhR stated the had rPpnrtPd it to
tho I nnrig;ierle r'_nmmiccinn multiple. times, but nothing had keen done. Mr. Teague stated
that coda eofnrr-ement would he the enforcement mechanism for these issues. and there
was nnthioq speriflrnlly written in the code for historic residential etru,turee. We efnted
that as long as the house is boarded uo and aad-Ured it is not in xrin_intiog of code.
Mr. S;vd I itteken etated that Gnme of the dilapidated ctruntures downtown were causing
deterioration to thr+ party walls of ne-ighhoriag Structures. He asked what needed to be
done in order to generate some form of enforcement to protect p =nerty Arbors fr--m
negligent neighbors. Mr. Teague stated a or^_aerty er��infAnancA code would prmide► the
City with the legal right to eoforra th_ Mniota-a Cf theCe deteriorating ztruntureq.
r.nUUnilor .qmith stated that in the past, when the Council had considered the proposed
property maintenance codes, it had received sunnort, but when co_eiderll,a the ul±imnte
consequences of adopting such a code, th_ grnn_neitioo ca'' in "D against nppo_eition. Thr+
Council had to consider whothar if fait it was apprnprjate to ceod cnmeooe to jail hPcauSe
then nn_''Id nnf affnrd to repiaca a rnnf. de stated that common sense showed that the
r-Ity needed n property mnioteoanre node, but the potential fall out of such a code had to
he. nonsldered.
Ms. Amber SchactPr ached hnw tho ('ity r ingned to adrirecc the jccVe of enfarr.Pment
whcn nmr)ocjng a paw prnperty mal13tena13ra rnrie for adoption, Mr. Teague Stated that
coming up with a way of enforcing the rode that would not he overly punitive, yet maintain
the cafaty of our strurtures would be one of the nrimant challenges when crafti_g a new
property maintenance code. He stated that -nme notin_n. u,erp limited dl le to lack of
financing.
Mr. Uanrio r;rnvec CtatPd thPGP deteriorating structures could be dangerous and
Snmething should he done before someone gets hurt or killed. Mr. James McKe^hnie
stated that fines could be issued to owners of huildinge that end=agar health, fife and
safety. Mr. Teague o^_irited t_ aituafi_nc like the nue at 7jA lndiaoa where the huildiog is
Quonad hV a rnrpnrntinn, and the nnrpnrat113n has 13LS Money. Mr. John r}inkioSno Stated
thera had heen attempts nt having the huildiog located at 773 Indiana demolished, but
regources had heen limited and the City had decided to focus resources in another area
of the city. He stated the fagade of the building was now falling do—o acd there would
likely be another hush to ha -e the -,truntUre remn_ved.
Mm. rvothin l aaev stated that the City C13u13nil had adopted a resolution to put together
n dowotowo steering committee in order to focus on downtown revitalization. She stated
the Mayor would head up the 91 member steering committee c^_=eietiag of 9
representatives of the City Cou^cil, 9 xintinc h=ard memharc from nnu,ntnu,n vvinhitn Falls
nceingMnnt 7 vnfjng hnard M=Mherc frnm tho r'.hnMhPr of rommerne, 9 downtown
hucjneceLprnpelty nwDerc whn are not 1313 the nowotowo Wichita Fails nevelopmeot
hnard, and 9 representatives from the 4B board. The advisory board will consist of City
staff from multiple departments. She stated the maintenance code and design guidelines
for downtown would be some of the issues thev would he addreeei=g.
EAROMARK COMMIsaloll PAGE 7 April 25, 2047
111. Dibunuolon ana Action Item: Wichita Fads Association of Realtors jvvFP[R) - sample
Letter - vvr.at Floral Heights liisLoric District Dea;gnation
Mrs. Karen Gagne stated latterb had been drafted Tor distrirmtiun to the Wichita Falls
ASbuciatiun of Realtors as well as the local title companies in ordertu in5a,c that eve�yor,e
--aa aware that West Floral Heignts is a ,tgi5tered h6toric district. I he letrra included
a copy of the rceordea ordilrance: as well as Me updated map of the area aesignara.
She asked the commission to ,eview the letters and proYiae any teedbacR they might like
included.
Mr..iim 3uhnso„ abRed if a buyer would nave regal recourse against the realtor and the
title company it they tailed to dibclobe the historic status of the i miyHborhood. Mrs. Gagn'
Stated she was not e,.aetly more whim= the breakdown in Me pruce55 had oucarred: but
f16torically there had Been a seller's disclosure form included in a 6ayer75 clobiny
documents that outlined the historic atatas ut the neiyhborhood. If that Torre YYaS, indeed,
not Being included- a,,a the historic status waa not Being in any other way disclosed, teen
the buyer would have leyal recourse.
IDIS. Carolyn Cooney stated site nad thought at the time the district was eataoiibhea that
it would Be replatted as a separate district. Rlrb. Uayne explained that rpiattinyy only
occurred vvhen property lineb are being altered and there was nothing in the registration
process tnat would trigger a replat because property Iine5 vveia not being changed. I he
process of registering tna a6trict included recording the diatuiet vvith the county bo that
when a title search is none it vJll appear ab a reyi5tered historic ai.Ariet. She eAplai„ed
that it the Historic Status of the homey 6einy bold wab not appearing during a property
search, it could Be Becaube the district was ,ecorded By metes and bounds, rather than
by inaiviaual lot and Block. She Stated the Property Aaaministratur wab looking into cost
effective ways to rlave the district re-recorded by lot and BlucR.
Mrs. C:Hristy Graham made the motion tv approve the letters as araTTed. 191m. Michele
Derr aeeunded the motion. The comrni35ion voted on the motion; motion passed
unanimously.
vll. other Business:
a) Montfiily report: Depot 54MUM Historic District, West Florl Flawiynts F16turic
District, mornirigaide Historic District
Mrs. MieH�le Derr btated Cajun Fest was Coming up on May 1411, and the Aner lion, 5
Art vvalR vvoala Be on May V. She stated Me Duwntown Farr l ler's Market was
officially opening up on their regular Season schedule. i ne vvichita County Heritage
Society 15 having its prei enation awards banquet on May -I -I `,-t the Kemp center for
the Alffb.
Mrs. ion PHippS stated there had Been d6cusbions with Property Manaqument
regarding ire 1505b Gility of acquiring -4 city %-Jvvnea lots on Buchanan Street and
replanting them ;nto i lot in order to create a community garden o, pocRet park. Ms.
Carolyn Looney stated Mat 15 treas Had been planted in vveat Floral Fleights ab part
ut the ongoing tree project.
D) Design Rev;ew—Staff Authorized--MiRU, Alto- mtionslRepairs:
LANDMARK COM*IcOI^_d
2A[;F F1 April 2$, 2(117
nor, irnatt er^_uty reported on the two staff muth_rhyed minor niterntioanlrepairs:
- 1611 Hayes - replace roof LA,lth same - r'oamerQ-tDne Roofing
- 426 Lembroke - instau DEIAI -%!rink[er cyctern - 1 ongo Landscape
c) HB 34J Upd-t_, mooted to municipal zoning acting plmco_-- or areas of
histnricml, cViti,iral, or architectural imp^-rta_ce mod significance.
Mrc, Karen Gagne stated Hou -a Pill 'Ad;FA whir -h would significantly reduce the
mitharity of local Dresemotinn and cities, was still in con mi+fee.
d1 Arti-le- JE Pariorlicalq: Zoning Practice. April 2AJ2 elaericmn Plaopiog
Accnriatipn, knee dumber 4: Practi^a 441ctnrirml PracPrvatipn
VIII, New Rusiness:
a) d_yt mtg. - Tuesday, baay 23, at 12 cm
IX. Ad;piiro:
pileeting adjourned -t 9:*2r, pm
4*
Andy e, Chairperson
Z7 -7014
ate