PZ 09-11-2013 Agenda with Associated DocumentsR. Requests by Commissioners to Staff for information.
C. Announcements by Commissioners.
• City and community events attended and to be attended
• Continuing education events attended and to be attended
D. Announcements by City Staff.
• City and community events attended and to be attended.
• NEW SITE PLAN APPLICATIONS. No site plans were submitted to the Planning and
Zoning Division between August 9, 2013 and September 5, 2013.
8. ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATI ®N
1, Lesa Wood, Senior Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official
bulletin boards on this the 6th day of September 5, 2013 at 5:00 p.m., which is a place readily accessible to the public at all times and
that said notice was posted in accordance with chapter 551, Texas Government Code.
ice, Wao&
Lesa Wood, Senior Planner
1 certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was
removed from the official bulletin board on day of , 2013.
This facilio, is accessible in accordance with the Aanericans m th Disabilities Act. Handicapped parking spaces care available. Ifyoar
require special assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in
advance of meeting.
Planning& Zoning Pa g c 2 oF2
September 11, 2013
PLANNING AND ZONING MINUTES
July 10, 2013
The Schertz Planning and Zoning Commission convened on July 10, 2013 at the Municipal
Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
PLANNING & ZONING COMMISSION
David Richmond, Chairman
Ernie Evans, Vice - Chairman
Ken Greenwald
Bert Crawford, Jr.
Richard Braud
Michael Dahle
Christian Glombik
William Rumfelt, Alternate
Yolanda Suarez, Alternate
COMMISSIONERS ABSENT
CITY STAFF
Brian James, Executive Director Development
Michelle Sanchez, Director Development Services
Lesa Wood, Senior Planner
Larry Busch, Jr., Engineer in Training
Patti White, Executive Asst. Development
OTHERS PRESENT
George Weron, KFW Engineers
Andy Rodriquez, Briones Engineers
Mr. Richmond called the meeting to order at 6.00 P.M.
2. SEAT ALTERNA'T'E TO ACT IF REQUIRED
No alternates were seated.
No one spoke.
4. CONSENT AGENDA
A. Minutes for June 12, 2013 Regular Meeting
B. PC2013 -021
Consider and act upon a request for approval of a final plat of the Willow Grove Subdivision, Unit
2 consisting of 22.73+ acres, located approximately 900 feet west of the intersection of Schaefer
Road and FM 1518.
Mr. Dahle moved to approve the consent agenda. Mr. Greenwald seconded the motion. Vote was
7 -0. Motion carried.
5. ITEMS FOR INDIVIDUAL CONSIDERATION:
A. PC2013 -024
Minutes
Planning and Zoning Commission
July 10, 2013
Page 1 of 5
Consider and act upon a request for approval of a preliminary plat of the Willow Grove Estates,
Unit 2 consisting of 13.12+ acres, located approximately 250 feet west of the intersection of
Schaefer Road and FM1518.
Ms. Wood presented this item by stating that the applicant is proposing to preliminary plat 13.12+
acres of land establishing 41 single family residential lots with a minimum lot size of 7,200 square
feet as dictated by the zoning district. The site is zoned Single Family Residential District -6 (R -6).
The subject property is currently undeveloped and located generally west of the intersection of
Schaefer Road and FM 1518.
This development is designed to have two (2) points of access via FM 1518 and through adjacent
Willow Grove Subdivision via Schaefer Road. The applicant will be responsible for complying
with Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The
applicant has submitted a Tree Affidavit which indicates that protected or heritage trees will be
removed from the site. A tree survey is required to be submitted at the time of final plat.
A 2.61+ acre private park is being provided for this subdivision; however, because the private park
does not meet the minimum development standards of the UDC the Parks, Recreation and
Community Services Department has determined that a fee -in lieu of parkland dedication in the
amount of $1000 per dwelling unit will be paid by the Developer prior to recording of the final
plat.
All public improvements required for this subdivision will be installed prior to recording of the
final plat. The applicant is responsible for all drainage associated with the subject property, and
for compliance with the Storm Water regulations.
Sidewalks will be constructed along both sides of the street throughout the subdivision and along
Schaefer Road. A 7.5' street dedication has been provided for expansion along Schaefer Road.
Construction plans for all public improvements must be submitted and approved by Public Works
and Engineering prior to approval of the final plat.
Mr. Dahle noted that he drove through the neighborhood and houses are being sold as soon as they
are being completed. Mr. Crawford asked if the private park will be part of the HOA. Ms. Wood
answered yes. She also noted the location of the private park in the Willow Grove Subdivision.
Discussion followed between Staff and the Commission.
Mr. Greenwald moved to approve PC2013 -021 final plat for Willow Grove Subdivision. Mr.
Glombik seconded the motion. Ms. Sanchez asked for Mr. Greenwald to restate the motion for
approval of PC2013 -24.
Mr. Greenwald moved to approve the agenda item. Mr. Glombik seconded the motion. Vote was
7 -0. Motion carried.
B. PC2013 -025
Consider and act upon a request for approval of a preliminary plat of The Reserve at Schertz, Unit
3, a 17.620+ acre tract of land out of 93.452 acre tract and situated in the Stacy B. Lewis Survey
No. 317 and the Antonio Zamora Survey No. 36, City of Schertz, Bexar County, Texas and located
Minutes
Planning and Zoning Commission
July 10, 2013
Page 2 of 5
on N. Graytown Road approximately 1100 + feet north of the I 10
Ms. Wood presented the item by stating that the applicant is proposing to preliminary plat 17.620±
acres of land establishing 25 single family residential lots with a minimum lot size of 21,780
square feet and 25' building setbacks on all sides dictated by the zoning district. The site is zoned
Residential Agriculture (RA). The subject property is currently undeveloped and is located north
of 1H 10 off of N. Graytown Road and adjacent to the Hunter Estates and Ivy Estates subdivisions.
This development is designed to have two (2) points of access through Units I & 2 via N.
Graytown Road and through the adjacent Ivy Estates Subdivision /Lazar Parkway. Prior to
recording the final plat for this subdivision the final plat for the Unit I & 2 must be filed with the
County Clerk's office. While the applicant is requesting a waiver to not improve Graytown Road,
it still provides a point of access in its existing condition to the subdivision. The applicant has been
granted a waiver by the Commission to not construct Lazar Parkway, except for the connection to
Ivy Estates which provides the second point of access.
The applicant has submitted a Tree Affidavit which indicates that there arc no protected or heritage
trees on the site. This site is serviced by Schertz water; the extension of an 8" waterline will tie to
the adjacent The Reserve at Schertz, Unit 2.
The site is within the San Antonio River Authority (SARA) certificate of Convenience and
Necessity (CCN). SARA has confirmed the ability to serve the site except there are no sewer lines
currently constructed in the area. The applicant is proposing an on site sewer facility (OSSF)
which is regulated by Bexar County. In accordance with UDC, Article 15 Easements and Utilities,
Sec. 21.15.3.13, Wastewater System, all lots, tracts and parcels on which the development is
proposed shall be connected to a public wastewater system. Based on the requirements of the
UDC the installation of OSSF requires a waiver to be granted by the Planning and Zoning
Commission.
The applicant will be responsible for all drainage associated with the subject property, and for
compliance with the Storm Water Ordinance. Drainage calculations have been reviewed and
accepted by the City Engineer. Sidewalks will be constructed along both sides of the street
throughout the subdivision. The subject property is affected by the additional design requirements
of the UDC, Section 21.14.3. along N. Graytown Road to include landscaping buffers and
screening. An 8' masonry screening wall will be constructed along N. Graytown Road at the rear
of each residential lot at the time of development. A landscape buffer lot (Lot 40, Block 13)
adjacent to N. Graytown Road has been provided with this plat.
The streets within the subdivision will be constructed according to City of Schertz specifications.
The development is located adjacent to Graytown Road. Graytown Road is an existing 60' ROW
and the MTP designates it as a secondary arterial (86' ROW). 13' of ROW has been dedicated to
the City of Schertz for the expansion. The developer requested a waiver to not construct the
improvements to N. Graytown Road based on the rough proportionality analysis findings that the
supply provided is roughly proportionate to the demand resulting from the development. The
Planning and Zoning Commission granted a waiver on Unit 1 & 2 which allows the developer to
provide the required dedication of land for public ROW without construction or improvement to
the ROW'S.
Minutes
Planning and Zoning Commission
July 10, 2013
Page 3 of 5
Staff recommends approval of the two waiver requests for the following reasons:
1. Based on the calculations provided by the applicant for rough proportionality. The
developer will be dedicating the necessary right-of-way for Graytown Road.
2. Based on there are no existing wastewater lines in this area to serve this subdivision.
Mr. Rumfelt asked who the subdivisions of Hunter Estates and Laura Estates belong to. Ms. Wood
answered that they are their own subdivisions and have the same developer. Mr. Rumfelt clarified
that they are asking for septic tanks. Ms. Wood answered yes. Mr. Rumfelt asked that since the
Commission already granted a waiver for Unit 1 and Unit 2 and they are asking for a waiver for
Unit 3, why would we not have granted a waiver for the entire site. Ms. Wood answered that each
waiver is granted with each plat.
Discussion followed between Staff and the Commission.
Mr. Greenwald moved to approve the agenda item with the 2 waivers as requested. Mr. Glombik
seconded the motion. Vote was 7 -0. Motion carried.
6. REQUESTS AND ANNOUNCEMENTS
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
Mr. Dahle asked Staff about the timeline regarding septic for discussion. Mr. James
stated that there are 2 issues -- 1) being subsurface water and he would like to defer 6
weeks or so to gain more lalowledge and have discussions with Staff, and 2) Mr. James
would defer to the Chainnan regarding the septic discussion. Mr. Richmond stated that
the Commission should have a workshop discussion possibly for the first August
meeting.
Mr. Crawford asked Staff for an update on streets and sidewalks. Mr. James stated that
he would defer to the Chairman for a work session on specific projects, which is
different than broader topics.
Mr. Dahle asked if the updated checklist on detention and retention could be sent out to
the Commission.
B. Requests by Commissioners to Staff for information.
® Mr. Dahle stated that he read an article in The Herald paper that the Selma City Council
did not agree to change Lookout Road to Old Selma Road. Mr. James stated that
several cities in the Northeast Partnership have applied for a grant to improve Lookout
Road and it is on hold.
C. Announcements by Commissioners.
® Mr. Greenwald stated that there was a big turnout at the July 4"' parade.
D. Announcements by City Staff.
Minutes
Planning and Zoning Commission
July 10, 20I3
Page 4 of 5
• Ms. Sanchez noted that the Capital Advisory Committee will be meeting on July 24,
2013 at 6:00 P.M.
• Ms. Sanchez stated that Staffs intention on the Sign Article is to go back to the business
group and summarize those ideas and come back to the Commission at the 2 d meeting
in August for a recommendation.
• Ms. Sanchez stated that the quarterly report given to the Commission was for one year
from June 2012 to June 2013. She also stated that Mr. Braud had previously asked
about a listing of expired plans, and the only way to keep track of that is to look at the
listing. If a site plan is approved, it expires after 2 years; preliminary plats expire after 1
year.
• Ms. Sanchez stated that nothing has been received on the APA Conference yet.
7. ADJOURNMENT OF THE RE, GULAR MEETING
The meeting adjourned at 6:45 P.M.
Chainnan, Planning and Zoning Commission
Minutes
Planning and Zoning Commission
July I0, 2013
Page 5 of 5
Recording Secretary, City of Schertz
PUBLIC SERVICES: The site is serviced by Schertz water and sewer, CPS, AT &T, and Time Warner Cable.
PUBLIC IMPROVEMENTS: All public improvements required for this subdivision are required to be installed
prior to recording of the final plat per UDC, Section 21.4.15., unless otherwise specified in an approved
development agreement, The civil construction plans have been reviewed by the Public Works and Engineering
Departments.
Water and Sewer: This site is serviced through 8° water lines and 8" sewer lines that will be extended
throughout the subdivision and stubbed for future development.
Drainage; The applicant is responsible for all drainage associated with the subject property, and for compliance
with the Storm Water regulations, Drainage report has been reviewed and approved by the City Engineer, The
subdivision will provide onsite detention.
Sidewalks, Hike and Bike Trails: Sidewalks will be constructed along both sides of the street throughout the
subdivision and along Schaefer Road. All sidewalks are designed to meet the City of Schertz specifications.
Road Improvements: All streets will be developed to City of Schertz specifications. Unit 2 is located adjacent
to Schaefer Road. A 7.5' street dedication has been provided for expansion along Schaefer Road.
Construction plans for all public improvements must be submitted and approved by Public Works and
Engineering prior to approval of the final plat.
STAFF ANALYSIS AND RECOMMENDATION:
The final plat is consistent with applicable requirements for the property, ordinances and regulations. It has
been reviewed with no objects by the City Engineer, Public Works, Parks, Inspections, and Fire. Staff
recommends approval.
The Planning and Zoning Commission approved the preliminary plat on July 10, 2013,
Planning Department Recommendation
X Approve as submitted
Approve with conditions*
Denial
vvniie ine commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.
COMMISSIONERS CRITERIA FOR CONSIDERATION; The Planning and Zoning Commission is the final
approval authority of the proposed final plat. In considering final action on a final plat, the Commission should
consider the criteria within UDC, Section 21.12.10 D.
Attachments:
Aerial (Maps)
Exhibit
2
COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is making a
recommendation to City Council on the proposed amendment to the Unified Development Code, In considering
action on an amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D.
Planning Department Recommendation
X Approve as submitted
Approve with conditions
Denial
Attachments:
Draft UDC Section 21,4,9 Designation of Landmark Properties and Heritage Neighborhoods
Existing UDC Section 21.4,9
Local Government Code Section 315
WHEREAS, The City of Schertz and the Schertz Historical Preservation Committee (SHPC)
feels it important to recognize places within City limits and /or within the extra territorial
jurisdiction (ETJ) that represent unique features of the City landscape either by their nostalgic,
aesthetic, architectural, historic or symbolic character, and
WHEREAS, The City of Schertz Comprehensive Land Plan emphasizes the need to preserve
and enhance the City's rich history and culture, and
WHEREAS, The City zoning districts are established for, among other purposes, protecting and
preserving places and areas of historical, cultural and /or architectural importance and
significance within the City limits, and
WHEREAS, The City of Schertz specifically desires to recognize and promote preservation of
those historic structures that comprise the most valued historic elements of the community's past
through the establishment of historic district designations, and
WHEREAS, The Schertz City Council as a matter of public policy aims to preserve, enhance
and perpetuate those aspects of the city having historical, architectural, archaeological, nostalgic,
aesthetic, or symbolic attributes and which may have an enduring impact on the city's cultural
identity, and
WHEREAS, The City of Schertz desires to recognize places that represent unique features of
the City landscape, neighborhood development, aesthetic architectural, or symbolic character,
through the creation of either heritage neighborhoods or landmark property designations, and
WHEREAS, The heritage neighborhood and /or landmark property designations shall be of such
a nature as to be free of the designation status as per Chapter 442, Section 315.005, of the Texas
Local Government Code, and
WHEREAS, all required notices have been provided, and
WHEREAS, on April XX, 2013, the Historic Preservation Committee recommended approval,
and
WHEREAS, on September 11, 2013 the Planning and Zoning Commission recommended
approval, and
WHEREAS, on October XX, 2013, the City Council conducted a public hearing and determined
that this request is in the interest of the public safety, health, and welfare;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF SCHERTZ, TEXAS
Section 1. Unified Development Code, Section 21.4.9 of the Code of Ordinances,
City of Schertz, Texas is hereby amended as follows:
See. 21.4.9 Designation of Landmark Properties and Heritage Neighborhoods
A. Purpose and Applicability
The purpose of this section is to recognize and encourage the preservation of
those areas or specific buildings or structures of significance to the City. More
specifically, this article is designed to achieve the following goals:
1. To preserve, protect and enhance significant sites and structures that represent
unique elements of the city landscape either by their aesthetic, architectural,
nostalgic, or symbolic attributes in relation to persons, place and/or time.
2. To strengthen civic pride through neighborhood preservation and recognition.
3. To provide application submission and review guidance relating to the
designation of properties and /or sites.
4. To provide guidance that will allow for a generally compatible outward
appearance for sites and /or structures designated as historic district properties.
This section applies within the City Limits of the City of Schertz. The provision
for designation of Landmark Properties shall also apply within the extraterritorial
jurisdiction of the City of Schertz.
B. Application Requirements
Any request for the designation of a landmark property or heritage neighborhoods
shall be initiated by completion of an application form as set forth in Appendix A
of the Schertz Historical Preservation Committee's (SHPC} By -laws.
C. Processing of Application and Decision
1. Submittal
All applications under this section shall be submitted to the SHPC. The
SHPC shall review the application for completeness and notify the
applicant of items requiring correction or attention before providing a
written recommendation on the application. Any interested citizen, to
include SHPC members, may initiate an application.
2. Approval Procedures
Applications for landmark properties and heritage neighborhoods shall be
considered and voted upon at the SHPC's next quarterly meeting
following application submission. Approval will require a two - thirds
positive vote by members present. The SHPC may disapprove the
nomination for reasons of incomplete and /or unsupportable data. If
disapproved, the nominator will be notified in writing by SHPC as to the
reason(s) for disapproval and given thirty days to resubmit the nomination
form with corrected or supplemental data. If no reply is received by the
thirty day deadline the nomination is considered closed without further
action required. The approved SHPC nominations will be forwarded to the
City Manager for placement on a City Council agenda within 30 days of
receipt. The City Council shall vote on all designation nominations and
will require a majority of Council members to approve tht nomination.
The nominator will be notified in writing by the SHPC of city council
approval /disapproval.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions
of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
PASSED, APPROVED and ADOPTED ON FIRST AND FINAL READING, the day of
2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SU13TITLE A. MUNICIPAL, PARKS AND OTHER RECREATIONAL AND CULTURAL
RESOURCES
CHAPTER 315. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL PARKS
AND OTHER RECREATIONAL AND CULTURAL RESOURCES
Sec. 315.001, MUNICIPAL PARKS OUTSIDE MUNICIPAL LIMITS:
CHARGES; CUMULATIVE EFFECT WITH CHARTER PROVISIONS; LIABILITY.
(a) The governing body of a municipality with a park or playground
outside the municipal limits may fix and collect reasonable charges
for use of the facilities by the public. All proceeds from the
charges shall be used for the support, maintenance, and improvement
of the municipal parks and playgrounds.
(b) The provisions of this title relating to the
acquisition, operation, and maintenance of parks or playgrounds
outside the municipal limits are cumulative of powers provided by a
municipal charter, and the municipal chaxter may provide different
powers in that regard,
(c) A municipality that acquires a park or playground
outside the municipal limits is not liable for personal injuries
resulting from or caused by any defective, unsound, or unsafe
condition of the park or playground that results from or is caused
by any negligence, want of skill, or lack of care of any governing
board, officer, servant, employee, or other person with regard to
the construction, management, conduct, or maintenance of the park
or playground.
Acts 1987, 70th Leg., ch, 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 315.002. ESTABLISHMENT OF MUNICIPAL STREETS THROUGH
CERTAIN PARKS. (a) Unless approved by a majority of the qualified
voters voting in a referendum on the question, a municipality may
not establish or dedicate a thoroughfare, public street, or alley
through property that:
(1) is dedicated or used for park purposes; and
(2) includes land owned by the state on which is
situated one or more buildings in the construction of which the
1
state has expended at least $50,000.
(b) A municipality may, without an election, maintain
driveways through the land described by Subsection (a) if the
driveways are for park purposes only and are not for use as general
thoroughfares.
(c) This section does not apply to the campus of an
educational institution or to the grounds of an eleemosynary
institution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 315.003. IMPROVEMENT OF PUBLIC GROUNDS BY TYPE A
GENERAL -LAW MUNICIPALITY. A Type A general -law municipality may
provide for the enclosing of, and regulate and improve, all public
grounds belonging to the municipality, and may direct and regulate
the planting and preserving of ornaments and shade txecs along
streets and sidewalks and in public grounds.
Acts 1.987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987,
Sec. 315.004. SPECIAL ASSESSMENT TO PAY FOR PARKS:
MUNICIPALITY WITH 1.2,000 OR MORE INHABITANTS. (a) A municipality
with 12,000 or more inhabitants that condemns land for laying out,
establishing, or enlarging a park, parkway, or pleasure ground may
provide by ordinance that the cost of the land and improvements be
paid for, wholly or partly to an extent not exceeding the special
benefits received, by the property owners who own property in the
vicinity of and are benefitted by the park, parkway, or pleasure
ground.
(b) The municipality may fix liens against the benefitted
property to the extent of the special benefits. Neither an
assessment nor a lien is effective against homestead property.
(c) The manner of assessing and collecting from the property
owner is the same as provided by law in connection with the opening
or widening of streets. Assessments may be made payable in not snore
than 16 installments, the last maturing in not more than 15 years,
and may bear interest at a rate not exceeding eight percent a year.
Acts 1987, 70th Leg. , ch. 3.49, Sec. 1, eff . Sept. 1, 1987.
PA
Sec. 315.005. MUNICIPAL LIBRARY IN TYPE A GENERAL -LAW
MUNICIPALITY. A Type A general -law municipality may establish a
free library in the municipality, adopt rules far the proper
management of the library, and appropriate municipal revenues fox
the library's management or improvement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1.987.
Sec. 315.006. LIABILITY FOR ADVERSELY AFFECTING HISTORIC
STRUCTURE OR PROPERTY_ (a) In this section, "historic structure or
property" means a historic structure as defined by Section 442,001,
Government Code, or a structure or property that is designated as
historic by a political subdivision of the state, the state, or the
federal government.
(b) A person is liable to a municipality for damages if the
municipality has a demolition permit and a building permit
procedure and the person;
(1) demolishes, causes to be demolished, or otherwise
adversely affects the structural, physical, or visual integxity of
a historic structure or property that is located in the
municipality; and
(2) does not obtain the appropriate demolition or
building permit or other form of written permission from the
municipality before beginning to demolish, cause the demolition of,
or otherwise adversely affect the structural, physical, or visual
integrity of the structure or property,
(c) If the structural., physical, or visual integxity of the
structure or property is adversely affected to the extent that it is
not feasible to restore the structural, physical, or visual
integrity substantially to its former level, the damages are equal
to the cost of constructing, using as rrzany of the original materials
as possible, a new structure or property that is a reasonable
facsimile of the historic structure or property and the cost of
attorney's, architect's, and appraiser's fees and other costs
related to the enforcement of this section. If it is feasible to
restore the structural, physical, or visual integrity of the
structure or property substantially to its former level, the
damages are equal to the cost of the restoration, using as many of
3
the original materials as possible, and the cost of attorney's,
architect's, and appraiser's fees and other costs related to the
enforcement of this section.
(d) Instead of accepting monetary damages, the municipality
may permit the liable person to construct, using as many of the
original materials as possible, a structure or property that is a
reasonable facsimile of the, demolished historic structure or
property or to restore, using as many of the original materials as
possible, the historic structure or property and to pay the cost of
attorney's, architect's, and appraiser's fees and other costs
related to the enforcement of this section.
(e) Damages recovered under this section shall he deposited
in a special fund in the municipal treasury and may be used only to
construct, using as many of the original materials as possible, a
structure or property that is a reasonable facsimile of the
demolished historic structure or property, to restore, using as
many of the original materials as possible, the historic structure
or property, or to restore another historic structure or propexty,
as determined by the municipality.
(f) The construction of a facsimile structure or property
under Subsection (d) or (e) must be undertaken at the location
designated by the municipality, which may be the same location as
that of the demolished historic structure or property.
(g) The municipality may make contracts and adopt
ordinances as necessary to carry out this section.
(h) Each municipality shall file in the real property
records of the county clerk's office of each county in which the
municipality is located a verified written instrument listing each
historic structure or property that is located in the municipality
and county and is designated as historic by a political subdivision
of the state by;
(1) the street address, if available in the municipal
files;
(2) the legal description of the real property on
which the structure or property is located; and
(3) the name of the owner of the real property, if the
name is available in the municipal files.
4
(i) Subsections (a) through (g) of this section apply only
to a historic structure or property on or after the date the
instrument has been filed under Subsection (h) and indexed.
(j) A person is liable to the Texas Historical Commission
for damages if.
(1) the person.
(A) demolishes, causes to be demolished, or
otherwise adversely affects the structural, physical, or visual
integrity of a historic structure or property that is located in the
municipality; and
(B) does not obtain the appropriate demolition or
building permit or other form of written permission from the
municipality before beginning to demolish, cause the demolition of,
or otherwise adversely affect the structural, physical, or visual
integrity of the structure or property; and
(2) the commission determines that the municipality
has not filed a civil action under Subsection (b) and has not taken
appropriate action to carry out Subsection (d) before the 90th day
after the date the action described by Subdivision (1) (A) occurs.
(k) If. the Texas Historical Commission makes a
determination under Subsection (j)(2), the commission may enforce
this section, and the municipality may not act under this section.
Damages recovered under this subsection shall be deposited in the
Texas preservation trust fund account.
Added by Acts 1991, 72nd Leg., ch. 594, Sec, 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th beg., ch. 109, Sec. 22, eff. Aug. 30,
1995.
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