PUBLIC NOTICE City of Lockhart  Historical Preservation Commission 5:30 p.m. Thursday, February 9,2023 Municipal Building - Glosserman Room 308 West San Antonio Street  AGENDA  1. Callmeeting to order.  2. Citizen comments not related to an agenda item. 3. Consider 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 Lots1 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 120 and 124 East Market Street.  6. Adjournment.  Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street,  Lockhart, Texas at 8:30 a.m. on the 3rd day of February, 2023.    City of Lockhart January 4, 2023 MINUTES  Historical Preservation Commission  Members Present: Christine Ohlendorf, Ronda Reagan, Michel Royal, JohnLairsen, Ron Faulstich, Ray  Ramsey, Kevin Thuerwaechter Members Absent: None  Staff Present: Kevin Waller and David Fowler  Public Present: Jamie Cottage (applicant, Agenda Item 4) and Dana Garrett (applicant, Agenda Item 1. Callmeeting 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 for Vice-Chairman. Commissioner nverwpeenterseroncet. and ther 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 Lot 4, 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)andi 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 bet the building's maine 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 II oft the Lockhart Code of Ordinances,to Mr. Wallere explained that Chapter 60-Vegetation, Article II-Trees couldl bea amendedi toaddress the trimming and pruning of protected trees, in lieu of adopting a separate Historic Tree Preservation Ordinance. Such trimming/pruning could be limited only 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 requestedt 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 bel held February 1st, since no applications had been submitted by the deadline for the. January 18 meeting.  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.  8. Adjournment.  Commissioner Faulstich moved to adjourn the meeting, and Vice-Chair Reagan seconded. The  motion passed by a vote of 7-0, 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  04  lightbg  ESAN  100 206 CHB 101  102 104 106 108 110 114 1B 118    105 5 2  9  11 13 A17 119  110  EMARKETST  CHB  2  CCB 201 203 205 211  201  200 206 208 210 212  S E 212 4  215  219  216  217 WP VPRARELEAST  218 EPRAIRIE LEAST  6  30  CMB 300  303  301  0441  CFA-23-03  Subject Property Zoning Boundary scale 1"= 100'  120 and 124 E MARKET ST NEW CONSTRUCTION 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/o Jim and Amelia Smith  LEGAL DESCRIPTION AND SITE LOCATION: Lots 1and 2, Jack Pearce: Subdivision (120 and 124 East Market  Streets, respectively)  EXISTING USE OF PROPERTY: Temporary outdoor gathering area leased by the City ZONINGCLASSFCATON: 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 oft 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 Il, 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 to the City along the south edge of the property. Thealleyi is utilized for trash, access, and deliveries for all buildings along the same block, and also allows for additional parking opportunities for HenrysRestaurant. Amemorandum from the City Attorney is enclosedi with yourp 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 tot the Brock Building at 101 East San Antonio Street. Itwillf 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 oft 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 91 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 oft 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 block west oft the Historic District 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 thei form ofc one parking space for one oft the residentialunits, off-street parking is not ALTERNATIVES: Theaddition of an architectural focal point to the building is recommended as a condition of approval. 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 Companybusinesses (106 and 104 East Market Streets, respectively). Another examplei is creating ap peak-typefeature: at the top center of the second storyl brickwork along the front façade of 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  required in the CCB Zoning District, according to Appendix II oft the Zoning Ordinance.  suggestions from the Commission.    *NEw CONSTKUCTEANK  CERTIFICATE FOR ALTERATION APPLICATION  DATE RECEIVED: 1723 DATE APPROVED:  CERTFICATENUMBER: CA-23-03  NOTE: Ana approved Certiflcate For Alteration (CFA) Isr required by City Code for alls signage, construction, alteration, or modification of property designated as Historic, Ifs sucha actlvitles willd change the architecture, deslgn, finishes or outward appearance ofal bullding, structure, object, site, or area as vlewed from the exterlor. (Ord.93-19, Sec. 11a and 12). AC City Sign Permit and/or City Bullding Permit maya alsol ber requlred byt the Cily Code.  ONLYFULLY COMPLETED APPLICATIONS WILL BE ACCEPTED  Applicant jim and Amelia Smith Mailing Address Lockhart, Texas 78644 Telephone  Property Owner_ same MailingAddress  300. S. Commerce SuB  300 S. Commerce  SkA  Lockhart, Texas 78644 AA RNShlua Telephone_ 512-787-7907 512-787-5180 Estimated Cost TBD  512-787-7907  Person Doing Work Countywide Builders Property Legal Description Property Street Address ProperlyCiyZoning Designations  120/124 EM Market street -Lets I 3,3k Penece Swolivisiow  120/124 E. Market street Lockhart, Texas 78644  CCB  LocationMapAtached  PHOTOS ARE REQUIRED SHOWING ALL THE AREAS TO BE AFFECTED BYTHE WORK DESCRIBED; Include photos of: Area ofWork Fulll Elevation Showing Area Affected andlor Site  Description of Proposed Work Construction of Three level mixed use building  Seyare Fochase 15,600 (spr.)  1312 stories- Comwerci- 3c Short residential  Please Attach Scope ofWork Questionnaire 1 Attach Sketchesllustrations Are Detailed Plans Available? REQUIRED SIGNATURES: Beforer me the undersigned: authority, on this day' appeared and solemnly swears, that the statements above and atlached concerning the abpe-deseibedgegery: aret true andt that (s)hei isa authorized toa acta as ana agenti inprocuringt the certificate requested.  Applicant Signature: Property Owner  Date:_ WylzL Date:. KL Date: Date:  Historical Preservation OficerApproval Historical Preservation Commission:    :  ACertificate For Alteration isvalldf fora period concurrent with the Building Permitg grantedf fort the proposedv work, ora period nott to exceed 18months.    CFA-23-03 Kw  CERTIFICATEFORALTERATION SCOPE OFWORK QUESTIONNAIRE  Cerlificate No.. Page2of. Revlewed:  Thef following questions must! bes ansered endu the lom compleled! byu tho applicant forac Certifçate ForA Alteralion. This questionnaire: shall be allachedt to anya application ford Certificale ForA Alleration. Thel Lockhart Hislorical Preservation Officer shall Independenllyv verify alll Informationg provided on the applicalion and the attached questlonnaires, Thel Lockhart Hislorical Preservation Officer shall revlew thea applicalion andt this questlonnaire inane expedienlr manner andr nolily! the applicanl olthe oulcome ofther review.1 TheLockhat! Hislorical Preservation Officer maya approve! the Certificato For Allerationp priori toacommission hearing. basedu upona adequary of thel Information providede andy verificationo ofthes scopec ofwork. Addillonal Informaton may ben neededioc complelet thes spplicalions and review process. Final review anda actiono onthea applicalionf for Certificale ForA Alleration! by thel LockhartH Hisloricel Preseryation Commlsslon ataproperly scheduled public hearingn may ber required, Any  requirede explanalions tos answers givens shall beinwilinge anda allached.  Yes No Verified X X X X X  Scope OfWork Questions  Section One  Kw  1. Isi this application for construction or alteration on or at ap property which is inal Historic District or a designated Historic Landmark? What is its zoning HOMCCSHL2MAK Kw 2. Is 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. Willt 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. Ist the construction or alteration covered byt this application considered an emergency repair of sudden, accidental or unforeseen property damage? When did damage occur? kw 2. Is the construction or alteration covered by this application considered necessary to correct a circumstance that endangers al building, business, owner, ort the public? 3. Ist the construction or alteration covered by this application considered permanent, to bei inj place Kw/ more than 90 days? (A temporary construction or alteration is required to ber removed within 90 days and the properly is to be returned tot the original or agreed upon condition.) 4. Has a permit been issued for any of the proposed work? Date:  exterlor of the property? foundations, footings, etc.)  Section Two  X  Permit No.  X kw Has any work actually started?  Describe: Section Three  X M2 jw MV Kw "R X  Kw 1. Will the construction or alteration covered by this application make ap physical change to any  design elements, features or finishes visible from the exterior of thep property? 2. Will the construction or alteration covered byt this application repair or replace an element of the 3. Will the construction or alteration covered byt this application include painting exterior surfaces w 4. Does the construction or alteration covered by this application include demolition or removal of  building  with material different  or property ar that have not been previously painted?  from the original material oft thate element?  element  visible  any part ore  of the property  from the exterior oft thep property?  5. Will the construction or alteration covered by this application make any change in the  kw appearance of the property as viewed from the exterior oft thep property?  The undersigned owner or authorized agent allests that the slatements made above and onE any atlached explanations are true and agrees that this Scope Of Work Questionnaire and any atlachments shall become ap part of the application and the Certificale For Alteration cited and will be the limit of construclion and/or alteration work underlaken. Further, construction will not start priort to authorization byt the approval ofthe Certificate ForA Alteration.  Applicant Signature: Verified  Date: whke Date:  Action:  BE    MESSER*FORT*) MCDONALD  THE MUNICIPAL LAW FIRM NORTHTEXAS I AUSTIN I ABILENE ConfdentalPrnvleged Attorney-Client Commnication 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 of 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 ofal building 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:M Must the owners obtain a "Certificate of Alteration" (hereinafter "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 tol historic districts and landmarks in the City. Although the name of the certificate suggests that it applies only to modification ofexisting 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 to new construction." Q: Has the City required a CA for new construction in thel 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. Q: What is the procedure for obtaining a CA?  4201 W. Parmerl Lane Bldng. C, Suite 150, Austin TX78727 * Phone: 512-600-2308 * Fax: 512.233.0801 *  www.bmuncpalw.com    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 isi 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:N 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 the speakers.  Council?  A: No, the provision for appeal is furnished only to the applicant.  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 do 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 a manner that, ifs such additions or alterations were to be removed in the future, the essential form andi integrity oft the original building, structure, object, or site would be unimpaired. (4) Changes which may have taken place in the course of time are evidence oft thel history and development ofal building, structure, object or site and its environment. These changes may or may not have acquired significance in their own right. Ifthese changes have acquired significance ini their own (5)Every reasonable effort shall be made to adapt the property ina a 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 ofa any 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 andj preserved, where possible. (8) Deteriorated architectural features shall be repaired: rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect ther material being replaced in composition, design, finish, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated! by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different (9)The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. (10) Every reasonable effort shall be made to protect and preservearehaeological resources affected by, (11) The owner of property: for which a city building permit is issued shall be responsible for maintaining a safe construction and/or demolition site at all times by providing proper barricades,  the new building? adequate compensation.  property, neighborhood, or environment.  right, this significance shall be recognized and respected.  alteration of the basic building, structure, object or site and 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.  ora adjacent to, any project.  3