Ordinance 13-S-58 - Landmark Property DesignationORDINANCE NO. 13 -S -58
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC)
SECTION 21.4.9 DESIGNATION OF LANDMARK PROPERTIES, HERITAGE
NEIGHBORHOODS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 315.006, of the Texas
Local Government Code, and
WHEREAS, all required notices have been provided, and
WHEREAS, on September 11, 2013 the Planning and Zoning Commission recommended
approval, and
WHEREAS, on October 24, 2013, the Historic Preservation Committee reviewed the change,
and
WHEREAS, on December 3, 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
THAT:
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. Propose 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. The provision for designation of Landmark Properties shall also apply within the
extraten•itorial 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. Written notice shall be provided to the owner of the property
before the tenth (10" day before the hearing date of City Council. The
City Council shall vote on all designation nominations and will require a
majority of Council members to approve the 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, wa,,
given, all as required by Chapter 551, as amended, Texas Government Code.
PASSED, APPROVED ON FIRST READING, the 3rd day of December, 2013.
PASSED, APPROVED ON INAL READING, the 10th day of December, 2013.
CITY O EXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)