PUBLICNOTICE City ofLockhart Historical Preservation Commission 5:30 p.m. Wednesday, February 1, 2023 Municipal Building - Glosserman Room 308 West San Antonio Street AGENDA 1. Call meeting to order. 2. Citizen comments not related to an agenda item. 3. Consider1 the minutes of the. January 4, 2023 meeting. 4. CFA-23-03. Consider a request by Jim and Amelia Smith of Jack Pearce LLC for approval of a Certificate for Alteration for new construction, consisting of a proposed three-level building, on Lots 1 and 2, Jack Pearce Subdivision, zoned CCB (Commercial Central Business District) and located 5. Discuss the date and agenda of the next meeting, including Commission requests for agenda items. at 120and 124 East Market Street. 6. Adjournment. Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street, Lockhart, Texas at 1:15 p.m. on the 24th day of. January, 2023. City of Lockhart January 4, 2023 MINUTES Historical Preservation Commission Members Present: Christine Ohlendorf, Ronda Reagan, Michel Royal, John Lairsen, Ron Faulstich, Ray Ramsey, Kevin Thuerwaechter Members Absent: None Staff Present: Kevin Waller and David Fowier Public Present: Jamie Cottage (applicant, Agenda Item 4) and Dana Garrett (applicant, Agenda Item 1. Call meeting to order. Chairwoman Reagan called the meeting to order at 5:32 p.m. 5) 2. Elect Chairman and Vice-Chair for 2023. Commissioner Faulstich moved to nominate Vice-Chairman Lairsen for Chairman, and Chairwoman Reagan, forVice-Chairman. Commissioner Thuerwpeciterserondes, andt the motion passed by a vote of6-0. 3. Citizen comments not related to an agenda item. None 4. CFA-23-01. Consider a request by. Jamie Cottage of Cottage Consulting Corp. for approval of aCertificate for Alteration for a projecting wall sign on part of Lot4, Block 19, Original Town ofL Lockhart, zoned CCB (Commercial Central Business District) and located at 101 South Main Planning Staff Kevin Waller provided a brief overview of the proposal via PowerPoint Street. presentation. There was brief discussion amongst Commissioners and Staff. seconded, and the motion passed by a vote of 7-0. Vice-Chair Reagan moved to approve CFA-23-01 as presented. Commissioner Ohlendorf 5. CFA-23-02. Consider a request by Dana Garrett of Lockhart Post-Register for approval ofa Certificate for Alteration for the replacement of an overhead door with a window, front entrance door, and cedar board siding on parts of Lots 5 and 6, Block 20, Original Town of Lockhart, zoned CCB (Commercial Central Business District) and located at 111 South Church Street. Mr. Waller provided a summary of the proposal via PowerPoint presentation. Vice-Chair Reagan asked if the new door would be the building's main entrance. -1- Historical Preservation Commission Meeting 01-04-2023 Applicant Dana Garrett explained that the door would be an additional entrance. Commissioner Thuerwaechter asked if the cedar board siding would be stained. Mr. Garrett replied that the siding would have a slight stain, but would have a mostly natural Commissioner Faulstich moved to approve CFA-23-02 as presented. Commissioner Ramsey Discuss possible amendments to Chapter 60, Article llofthelockhart Code of Ordinances, to Mr. Waller explained that Chapter 60-Vegetation, Article ell-Trees could! bea amended to address the trimming and pruning of protected trees, in lieu of adopting a separate Historic Tree Preservation Ordinance. Such trimming/pruning could be limitedonly to that authorized by the Building Department. If the Commission is amenable to the idea, Staff will prepare text amendments to the ordinance for consideration at a future meeting, which would then require The Commission agreed that amending Chapter 60 would be the preferred solution, in lieu of establishing a separate Historic' Tree Ordinance, and requested that Staff proceed accordingly. 7. Discuss the date and agenda of the next meeting, including Commission requests for agenda Mr. Waller stated that the next regularly scheduled meeting would be held February 1St, since no appearance. seconded, and the motion passed by a vote of7-0. address the pruning and trimming of protected trees. final approval by the City Council in a public hearing. items. applications had beens submitted by the deadline for the January 18 meeting. 8. Adjournment. Commissioner Faulstich moved to adjourn the meeting, and Vice-Chair Reagan seconded. The motion passed by a vote of7-0, and the meeting adjourned at 6:14p.m. Approved: (date) Kevin Waller, Acting Recording Secretary John Lairsen, Chairman 2- Historical Preservation Commission Meeting 01-04-2023 ANTONOST lightbq ESAN 100 206 CHB 101 102 104 106 108 110 114 116s 118 S 3 105 5 6 11 13 A17 119 B S 110 EMARKETST CHB C 200 206 208 210 212 201 CCB 201 203 205 211 215 E M 212 4 219 S 216 217 218 EPRAIRIE LEAST 30 WPRAIRIEL LEAST CMB 300 303 301 244 CFA-23-03 Subject Property Zoning Boundary scale 1"= 100' 120 and 124 E MARKET ST NEW CONSRUCTION 3 LEVEL BUILDING STAFF REPORT CASE SUMMARY CERTIFICATE FOR ALTERATION STAFF: Kevin Waller, Senior Planner kw/ REPORT DATE: January 25, 2023 MEETING DATE: February 1, 2023 STAFF RECOMMENDATION: Approval CASE NUMBER: CFA-23-03 APPLICANT'S REQUEST: New construction of a three-level building CONDITIONS: (1) Add an architectural focal point at the top of the building, or other building feature(s) in locations and of a type(s) deemed appropriate by the Commission; and (2) Obtain approval of a Specific Use Permit for a mixed-use building from the Planning and Zoning Commission (see Project Description below). BACKGROUND DATA APPLICANT AND OWNER: Jack Pearce, LLC, c/oJ Jim and Amelia Smith LEGAL DESCRIPTION AND: SITE LOCATION: Lots 1 and 2, Jack Pearce Subdivision (120 and 124 East Market Streets, respectively) EXISTING USE OF PROPERTY: Temporary outdoor gathering area leased byt the City ZONING CLASSIFIÇATION: CCB (Commercial Central Business) Zoning District PROPOSED USE OF PROPERTY: Mixed-use building ANALYSIS OF ISSUES PROJECT DESCRIPTION: The applicant proposes to construct a new, 15,600 square-foot, three-level building containing both commercial and residential uses on the only two vacant lots in the Courthouse Square. It should be noted that the mixed-use element of the building will require approval of a Specific Use Permit from the Planning and Zoning Commission, which is a condition of approval. The first story will include four commercial lease spaces, an internal courtyard, and a single-car garage for one of the two third-floor residential units. Three office spaces are proposed on the second story, along with a shared roof patio at the building's southeast corner. Two separate residential units are proposed on the third story with a "sawtooth"-style roof, as well as a roof patio above the second story for the living units and located primarily along the north and east edges of the building. AZoning Variance was approved by the Zoning Board of Adjustment in June 2021 which allowed for the waiving of the 10-foot minimum required rear-yard setback for the proposed building. According to the applicant, the building will not exceed the 90% lot coverage maximum set forth in Zoning Ordinance Appendix II, which will be verified during the plan review process as part of the Building Permit submission. In addition, the applicant explains in a recent email to Staff that when the property was originally subdivided, a 15-foot-wide alley was dedicated tot the City along the south edge oft the property. Thealley is utilized for trash, access, and deliveries for all buildings along the same block, and also allows for additional parking opportunities for Henry'sRestaurant. A memorandum from the City Attorneyis enclosed with your packet materials, which outlines the process for approval of the construction of a new building in the City's Historic District. Also enclosed is a pamphlet prepared by the applicant's architect, which provides floor plans, building elevations, exterior siding details, examples of brick and roof shingle patterns typically found in historic districts, and other pertinent information. COMPATIBILITY: The proposed building will be a substantial addition to the Courthouse Square and Historic District, second in height only to the Brock Building at 101 East San Antonio Street. Itwill feature three stories and five different siding materials for a multi-textural effect, as detailed in the enclosed pamphlet. The first two stories feature primarily brick exterior siding materials, with cast-stone, painted wood, and aluminum siding as accent materials. Metal panel sidingi is proposed for the third story. The front and side-street (South Commerce Street) wall facades of the first two stories will be located on the property lines, with the front façade flush with the front facades of the other buildings along the same block. The third story will be set back 13 feet from the first and second stories at the front wall, and set back 9 feet along the side-street wall, as shown on Pages 11, 14, and 15ofthe pamphlet. This horizontal relief places the brick portion of the building "front and center", with the north wall façade more consistent with the architectural style of the other buildings along this block, and the east façade complimentary to the Henry's Restaurant and Edward Jones building facades. The third story is of a contemporary design, especially considering the sawtooth-style roofline and metal panel siding. However, when considering the overall building, it is Staff's opinion that the third story design element does not detract from the historical character of the adjacent buildings or downtown Square as a whole. An example of metal siding found downtown includes that at the Simply True Nutrition business, located at 212 South Main Street. In addition, the Ascension-Seton Lockhart Health Center located at 209 South Church Street, although one blockv west ofthe Historic Districth boundary, features multiple siding materials and a recessed second story with rooftop patio, similar to the proposed building on a smaller scale. COMPLIANCE WITH STANDARDS: Although there are pre-approved" design guidelines for windows and doors in the Historic Districts and Landmarks Ordinance, none of those guidelines apply to this project. The proposal is subject to approval of this Certificate for Alteration, a Specific Use Permit as discussed above, and the issuance of building permits. It should be noted that although the applicant proposes off-street parking in thet form of one parking space for one of the residential units, off-street parkingisnot ALTERNATIVES: The addition of an architectural focal point to the building is recommended as a condition ofapproval. One example could include arched-shaped features, which are seen throughout the Historic District, including along the same block as the subject property at the Chaparral Coffee and Firewheel Trading Company businesses (106 and 104 East Market Streets, respectively). Another example is creating a peak-type feature at the top center oft the second story! brickwork along the front façade oft the building, similar to those found on the Link Realty building at 110 East Market Street and the former Market Street Deli at 102 East Market Street, both on the same block as the proposed building. Staff is also open to requiredi int the CCB Zoning District, according to Appendix Il oft the Zoning Ordinance. suggestions from the Commission. *NEw CONSTKUCTLONK CERTIFICATE FOR ALTERATION APPLICATION DATE RECEIVED: 723 DATE APPROVED: CERTIFICATENUMBER: CEA-23-03 NOTE: An approved Certifloate For Alteration (CFA) Is required by Clly Code for alls signage, construction, alteration, or modification of property designated as Historic, Ifs such activitles will change tho architecture, design, finlshes or outward appearance ofa! bullding, structure, object, site, or area asv vlewed from the exterlor. (Ord.93-19, Sec. 11and1 12). A City Sign Permita and/or City Bullding Permit maya also! ber required bythe Cily Code. ONLYFULLY COMPLETED, APPLICATIONS WILL BE ACCEPTED Applicant jim and Amelia Smith Mailing Address Lockhart, Texas 78644 Telephone Property Owner_ same MallingAddress 300. S. Commerce SoAD 300 S. Commerce SkA Lockhart, Texas 78644 RNisblua Telephone_ 512-787-7907 512-787-5180 Estimated Cost TBD 512-787-7907 Person Doing Work_ Countywide Builders Property Legal Description Property Street Address ProperlyCilyZoningDesignations 120/124 El Market street Lots I 2,3k Penece Swolivision 120/124 E. Market street Lockhart, Texas 78644 CCB LocationM MapAttached PHOTOS ARE REQUIRED SHOWING ALL THE AREAS TO BE AFFECTED BYTHE WORK DESCRIBED; Include! photos of: Area ofWork_ Fulll Elevation Showing AreaAffected andlor Site_ Description of Proposed Work Construction of Three level mixed use building Styare Footase 15, G00 (sprs.) 1112 Sheris-cmmeres 3c Shor rasidential Please- Attach Scope ofWork Questionnairel - Attach Sketches/lustrations Are Detailed Plans/ Available?D REQUIRED SIGNATURES: Beforer me the undersigned authority, on this day' appeared and solemnly swears, that the statements above and attached concerning the above-describedr Rreperty aret true andt that (s)heisa authorized toa acta as ana agent inprocuringt thec certificate requested. Applicant Signature: Property Owner Historical Preservation Historical Preservation Commission: Date:_ Hylzt Date: LL Date:. Date: : A Certificate ForA Alteration isy valldf forap period concurrent with the Building Permit granted for thep proposedy work, ora aperiod notto exceed. 18months. CERTIFICATE! FOR SCOPEOFWORK QUESTIONNAIRE No.. Cerlficate CFA-23-03 ALTERATION Page2of Revlewed: Kw Thef Thel following Lockhart questions must bea answered endu thel form compleled! byt thoa applicant fora Certifcate ForA Alleralion. Thls questionnaires shall be allachedto anya application for Certificale ForA Alleration. Historical Preservation Officer shalll independenlly verify alll Information provided on the application andt the attached questlonnaires. Thel Lockherl Historical Preservation Officer shall revlew thea applicalion andt thisc quesllonnakrein in ane expedlenin manner andn nolily thea applicank o/theo oulcome ofther roview." TheLockhat) HisloricalP Preservatlon Officermay approve the Certificate For Allerationp priort toac commIsslon! hearing, basedu upona adequacy of thelr Informationg provideda andy verificaliono ofthe scope ofv work. Addilonall Informationr may! ben needed to the epplication review process. Final review ande acliono ont thea applicalionf for Certificale ForA Allerationbyt thel Lockhart! Hislorical Preservation Commission atap properlys scheduled public hearingmay completet ber required, Any and requirede explanalions loanswers givens shallb belr inwiling enda allached. Yes No Verified X X X X X Scope OfWork Questions Kw Section One 1. Is this application for construction or alteration on or at aproperty which is inal Historic District or a designated Historic Landmark? What is its zoning dHpuCCBM2WIK Kw 2. Ist this application for any construction or alteration work thati is NOT described or defined as ordinary maintenance of a historic property? Is it more thanl limited' Ordinary Maintenance"? Kw 3. Will the construction or alteration covered by this application! include any work visible from the 4, Willt the construction or alteration covered by this application remove or, physically change any Kw structural elements of the property? (i.e. Interior ore exterior: load! bearing walls, columns, posts, *w 1. Is the construction or alteration covered by this application considered an emergency repair of sudden, accidental or unforeseen property damage? When did damage occur?. X kw 2. Is the construction or alteration covered by this application considered necessary to correcta circumstance that endangers a building, business, owner, or the public? 3. Ist the construction or alteration covered by this application considered permanent, to bei in place Kw/ more than 90 days? (A temporary construction or alteration is required to be removed within 90 days and the properly is to be returned tot the original or agreed upon condition.) 4. Has aj permit been issued for any of the proposed work? Date:_ exterior oft the property? foundations, footings, etc.) Section Two X Permit No. X kw Has any work actually started? Describe: Section Three X w 1. Willt the construction or alteration covered by this application make aj physical change to any M gw/ 2. Will the construction or alteration covered by this application repair or replace an element of the & M X kw/ 3. Willt the construction or alteration covered by this application include painting exterior surfaces I A jw 4. Does the construction or alteration covered by this application include demolition or removal of kw 5. Will the construction or alteration covered by this application make any change in the The undersigned owner or authorized agent allests that the slatements made above and on any attached explanations are true and agrees thal this Scope of Work Questionnaire and any atlachments shall become a part of the application and the Certificate For Alteration cited and will be the limit of construclion andlor alteration work underlaken. Further, construction" willr not start prior to authorization byt the approval ofthe Certilicate For Alteration. design elements, features or finishes visible from the exterior of the! property? building or property with a material different from the original material of thate element? that have not been previously painted? any part or element oft the property visible from the exterior oft the property? appearance of the property as viewed from the exterior oft the property? X Applicant Signature: Verified Date: whke Date: Action: h MISER-FORT-MDNAID THE MUNICIPAL LAW FIRM NORTHTEXAS I AUSTIN 1 ABILENE Confdential/Privleged Attorney-Client Communication MEMORANDUM TO: Mayor Lew White, City Manager Steve Lewis, City ofLockhart FROM: Monte Akers, City Attorney DATE: November 10, 2022 RE: New Construction in the Downtown Historic District As requested by the City Manager, following is a memo about the process for approval of the Background: The owners oft the vacant lot located at 120 and 124 E. Market Street are proposing to construct a new building on that site, which is within the City of Lockhart's designated downtown historic district. The lot was previously the site ofabuilding used as department store, ac community theatre, a Dollar Store, and other uses before it was razed approximately 25 years Questions about what the City's ordinances require for new construction at the site are addressed 1. Q: Must the owners obtain a' "Certificate of Alteration"hereinafer "CA") in order to be construction ofa new building in the City's Historic District. ago. as follows: authorized to construct the building? A: Yes. Ch. 28 of the City Code of Ordinances contains the regulations and procedures related to historic districts and landmarks in the City. Although the name of the certificate suggests that it applies only to modification of existing structures, Sec. 28-11(a) states that CA is required "to carry out construction" on property designated as historic, and Sec. 28-2 defines "construction" to "include activities related toi new construction." Q: Has the City required a CA: for new construction in the historic district at any time in A: Yes, the City required and issued a CA for the construction, in 2006, of the Edward the past? Jones building located at 219 S. Commerce. 2: What is the procedure for obtaining a CA? 4201 W. Parmer Lanel Bldng. C, Suite 150, Austin TX78727 * Phone: 512-600-2308 * Fax: 512.233.0801 * www.bmunircpalw.com A:1.0 Owner files application. 2. Preservation Officer sends application and "any other information which the commission may deem necessary in order to visualize the proposed work" to the 3. The preservation officer schedules review of the application at the next regular or as special meeting of the Commission, which must be within 45 days from the date the 4. At the meeting the applicant willl have an opportunity tol bel heard. 5. The commission shall approve, deny, or approve with modifications, at the meeting 6. If the commission does not act within 75 days of the receipt of the application, a city building permit shall be granted without the certificate for alteration. 7. All decisions of the commission shall be in writing and shall state findings pertaining to the approval, denial, or modification oft the application. 8. Ifdissatisfied with the action of the commission relating to the issuance or denial ofthe CA, the applicant has the right to appeal to the city council within 30 days after receipt ofnotification of such action. The decision ofthe city council is final. Q: What criteria shall the Commission employ in deciding whether to approve issuance A: Sec. 28-13 identifies 11 such criteria, the first and most important of which is as The predominate criteria, for approval ofa certificate. for alteration shall be to support proposed construction activities which will enhance an ared, site, building, structure or object which is zoned historic, and thereby encourage continued maintenance and Commission. application was received. ofreview if possible. ofaCA? follows: preservation ofhistorical buildings, structures, objects and sites. See footnote below for the other ten criteria. Q: Is the action of the Commission legislative or ministerial? A: Ministerial and advisory. Sec. 28-3 states that "Thel legislative functions of the city council shall in no way be delegated to the historical preservation commission," That statement is followed by a list of 19 specific powers ofthe Commission (see footnote below), all of which are subject to review by the City Council. An action of the Q: Has the Commission adopted design standards for new construction in the historic A: No. There are design guidelines for window replacements, door replacements, awnings and suspended canopies, signs, and exterior fire escapes, but those were adopted to apply Commission is subject to appeal to the Council. district? to changes in existing buildings. 2 Q: Are other property owners or citizens entitled to notice oft the meeting (other than by A: No. Although the process for designating a property as historical requires the Commission to hold a public hearing and give notice and an opportunity to be heard to owners, interested parties and technical experts, there is not a similar requirement for an application for a CA. The action of the Commission on the CA application occurs at a meeting rather than a public hearing. The Commission may allow public comment at the Q: May anyone other than the applicant appeal the decision of the Commission to the posting of the agenda)? meeting but doing sO will not confer party status on thespeakers. Council? A:1 No, the provision for appeal is furnished only to theapplicant. Q: What legal risk, if any, could follow denial of the application for a CA to construct A: The owners might claim that there has been a taking of private property without (2)Contemporary design for alterations and new additions to existing properties shall not be discouraged when such alterations and additions dor not destroy significant historical, architectural or cultural material; or such design is compatible with the size, scale, color, material, finishes and character of the (3)Wherever possible, new additions or alterations tol buildings, structures, objects, or sites shall be done in such ar manner that, ifsuch additions or alterations were to be removed in the future, the essential form and integrity oft the original building, structure, object, or site would be unimpaired. (4)Changes which may have taken place in the course of time areevidence oft thel history and development ofab building, structure, object or site and its environment. These changes may or may not have acquired significance in their own right. If these changes have acquired significance in their own (5)Every reasonable effort shall be made to adapt the property inan manner which requires minimal (6)The distinguishing original qualities or character ofal building, structure, object or site andi its environment should not be destroyed. The removal or alteration ofany historic material, finish or (7)Distinctive stylistic features, finishes and construction techniques or examples of craftsmanship that characterize al building, structure, object or site should be kept andp preserved, where possible. (8)Deteriorated: architectural features shall be repaired rather thanreplaced, wherever possible. In the eventr replacement is necessary, thei new material should reflect the material beingr replaced in composition, design, finish, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications offeatures, substantiated by historical, physical or pictorial evidence rather than on conjectural designs ort thea availability of different (9)" The surface cleaning ofs structures shall be undertaken with theg gentlest means possible. Sandblasting and other cleaning methods that will damage thel historic buildingmaterials shall not be undertaken. (10) Every reasonable effort shalll be made to protect and preservearchaeological resources affected by, (11)1 The owner of property for which a city! building permit is issued shall bei responsible for maintaining as safe construction and/or demolition site at all timesby providing proper barricades, the new building? adequate compensation. property, neighborhood, or environment. right, this significance shall bei recognized and respected. alteration of the basic building, structure, object or site andi its environment. distinctive architectural features should be avoided when possible. architectural elements from other buildings or structures. Painting of original unfinished masonry surfaces shall be discouraged. or adjacent to, any project. 3 signage, walkways, erosion control, etc., and following alls structural ands safety recommendations and (I). Assist in applying for preservation and rehabilitation grants and! by making recommendations to the city government concerning the utilization ofs state, federal, or privatefunds to promote the preservation (2) Prepare rules and procedures as necessary to carry out the business ofthe commission which shall be (3) Adopt detailed criteria forthwith for the designation ofhistoric, architectural, and cultural landmarks and the delineation ofhistoric districts which shall be reviewed and ratified by the council. (4). Assist individual property owners to preserve and enhance historic landmark and historic district property by review of applications for alteration and demolition pursuant to this chapter. (5) Recommend the designation of resources as historic landmarks and historic districts. (6) Create committees from among its membership and delegate to these committees responsibilities to (7) Maintain written minutes which record all actions taken by the commission and the reasons for taking (8)) Establish a formal process of commendation and recommend conferral ofrecognition upon the owners of historic landmarks or properties within thel historic districts by means of certificates, plaques, (9) Increase public awareness oft the value ofl historic, cultural, and architectural preservation by (10) Conduct surveys and maintain ani inventory ofs significant historic, architectural, and cultural (11) Prepare and submit annually to the council ai report summarizingt the work completed during the (12) Prepare an historic preservation plan which shalll be reviewed and adopted by the city council (13)Recommend the acquisition ofal landmark structure by the cityg government or other organization where its preservation is essential tot the purpose of this chapter andy where private preservation is not (14) Review and propose tax abatement for qualified historic landmarks or historic districts. (15) Recommend: action to the city government: regarding the donation ofpreservation easements and development rights as well as any other gift of value for the purpose of historical preservation, subject to (16) Formulate detailed design review guidelines and procedures addressing alterations of designated properties which shall be reviewed and ratified by the city council forthwith. The design guidelines shall bef formulated: such that the historic preservation officer may approve certain routine certificate for alteration and certificate for demolition applications prior to reviewby the commission to reduce delays (17) Prepare a detailed tax abatement program following the guidelines and criteria set by the city (18) Prepare a detailed list of activities which qualify as ordinary maint tenance and do not require prior (19) Review proposed public streetscape elements in historic districtsand: recommend appropriate action requirements ofcity, state, and federal governmental agencies. 2The commission, with review and approval by the city council, shall be empowered to: of! historic landmarks and historic districts within the city. reviewed andi ratified by the council. carry out the purposes of this chapter. such actions. or markers. developing and participating inj public education programs. landmarks and all properties located in historic districts within the city. previous year. forthwith as part oft the comprehensive master plan. feasible. the approval of the city council. in obtaining a building permit. review! by the commission. to the city government. council to be reviewed andi ratified by the council forthwith. 4