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HomeMy WebLinkAboutORD 2015-39 - HARC Powers & DutiesORDINANCE i r AN ORDINANCE OF ! OF OF i ! POWERSTEXAS, AMENDING CHAPTER 2.50 OF THE CITY CODE, RELATED TO THE AND OF i, AND ARCHITECTURAL REVIEW COMMISSION ("HARC"), AND ITS AUTHORITY TO DELEGATE REVIEW TO A SUBCOMMITTEE AND DELEGATION OF i # SUBCOMMITTEE; # REPEALING CONFLICTING ORDINANCES RESOLUTIONS, ! PUBLICATION; WHEREAS, on May 13 2014, the City Council (`"Council) of Georgetown, Texas, held a workshop to review and discuss the rules and regulations governing the Historic and Architectural Review Commission ("HARC") and Historic Overlay Districts; and WHEREAS, the Council found that a comprehensive review and modification of the development standards, rules and procedures that affect properties located in a Historic Overlay District and/or listed on the Historic Resource Survey was needed to create a balance between land use regulations and historic preservation; and WHEREAS, the Council adopted Resolution 052714-N on May 27, 2014, designating the amendment to the UDC relating to development standards, rules, and procedures that affect properties located in a Historic Overlay District and/or are listed on the Historic Resource Survey as an emergency item; and WHEREAS, on May 12, 2015, the Council adopted Ordinance 2015-34 amending portions of the Unified Development Code ("UDC") relating to the development standards, rules and procedures that affect properties located in a Historic Overlay District and/or listed on the Historic Resource Survey with an effective date of July 1, 2015; and WHEREAS, the Council determined that certain revisions were necessary to Chapter 2.50 of the City Code in order to implement these amendments to the UDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, SECTION 1; The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive ORDINANCE NO, 1 '" PAGE 1 OF 2 DESCRIPTION: HARC PO . ERS AND DUTIES DATE APPROVED: �y Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan. SECTION 2: The meeting at which this Ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 3: Chapter 2.50 of the City Code of Ordinances is hereby amended as described in EXHIBIT A. SECTION 4: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTIONS: If any provision of this Ordinance, or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 6: The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest, This Ordinance shall become effective in accordance with the provisions of State Law and the City Charter of the City of Georgetown. APPROVED on First Reading this of day of , I �AN e 2015. APPROVED AND ADOPTED on Second Reading this q�� dayof NUt'-115' 2015. F.-WIMI Jes6Arettle, City Secretary By: � A' YV-U,-v Bridget Chapm6, C t Attorney ORDINANCE NO. �to 15--3 01 PAGE 2 OF 2 DESCRIPTION: HARC PO ERS AND DUTIES DATE APPROVED: Ats rri mm�* �1t N"I � � I I � 11 1 lzjqqi�j "11IN 101191101:11mli M1101MITUIPI'm � Sec. 2.50.010. - Created; membership. A. There is created the "Historic and Architectural Review Commission" of the City of Georgetown (the "HARC"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. HARC shall be composed of not less than seven regular members. All seven members shall be either registered voters of the City or owners of real property that is designated as historic, either in the City's hi&teFk—,ufv-k-yffistor Surygy, designated as a loor with a state or federal historic designation, or located within the Downtown or Old Town Overlay Districts. Those members that are Georgetown -registered voters must have resided within the City for one year preceding their appointment. Any current Commission member who does not meet these eligibility criteria shall be able to finish their current term of office. Members shall be appointed in accordance with the City Charter. Z'possibleHAshall include a minimum of two memers who are, Whenever , RC b property owners in the h��DoTArntown Overlay District and a maximum two members from each of the following categories having a demonstrated interest *in the downtown area or skills in design review. Members of the Commission may meet one or more of the categories. 1. Licensed architect; 4. Developer, contractor, or realtor; and 5. Property owner or non -owner tenant within the Downtown Overlay District. uWt@,Ticr7:TsTTTanVTT 77: Tri appointed to the Commission to fill any remaining appomitments. Deleted language is sbike#ifeugh Added language is underfine A -1 of "3 mt 1 D. The City Council shall also appoint up to three persons who would be qualified to serve on HARC as Commissioners-in-Traiina. Commissioners -in -Training shall not serve as alternates or as proxies for any Commissioner, but Commissioners -in -Training shall be eligible to be appointed to the position of Commissioner upon the expiration of the term of a regular Commissioner or upon the creation of a vacancy on the Commission. The Ci 's ity -kWnnjh& Directo..����7 is hereby designated Historic Preservation Officer and shall have as a principal duty the administration of this chapter and the coordmiation of the City's various efforts and programs furthering historic preservation. Sec. 2.50.030. Historic and Architectural Review Commission Training. Annual training shall be mandatory for all members of HARC. Such training shall include special orientation and training sessions for commissioners and staff members who participate in design review. Staff shall prepare a briefing that explains the specific training topics to those HARC members who, for legitimate reasons, miss a scheduled training session. M -AIT -7 -MR -M The HARC has the power and it shall be its duty- I A. To make recommendations to the City Council on the designation of hi4efk--sites err�etsflistoric Overlay DiaWcts Md Historic B. To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; C. To approve or disapprove Certificates of Pe • stgn-eemphe+tee and D. To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration or maintenance of any historic resource or other building within the districts; and Sec. 2.50.050. - Delegation of authority. A. The HARC shall have the express authority to delegate review of specific projects (as defined by majority vote of the HARC} to either: Deleted language is stNtet1weagh Added language is underline A - 2 of 3 1. A subcommittee • the HARC composed • at least three members; •' 2. City staff as designated by the City Manager. B. Any permit issued pursuant to such delegation of authority shall require the signature • the chair • vice -chair •' the HARC and any • may • appealed to the full HARC. 1 !111 1111M 1 11, 1 1,11111111111111111111111111 NOMMIMMEMiml rmmmlzma 13M I MIR Demolition 511bcg§M1 meet one gr more • the following ._• H F I I M6 R erigip.eer or hj�toric M�Lset!��t to tevioi# the reguest, and make a j2r ffi-ninj repgrt to the sjLbcommittee. Ift this �n� the report shall be made j2dd Of �Luhg#'Le!Zs • Lo thg HARC. Deleted language is aur, Added language is underline A - 3 of 3