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HomeMy WebLinkAbout13375 ORD - 09/08/1976A X_ " , 8/25/ A- AN ORDINANCE AMENDING THE CORPUS CHRISTI PRESERVATION PLAN PRESENTED BY THE CITY PLANNING COMMISSION AND THE CITY LANDMARK COMMISSION BY INSERTING TWO NEW PARAGRAPHS IN THE PREAMBLE OF CHAPTER IV, IDENTIFICATION AND INVENTORY, WITH RESPECT TO THE LIST OF LANDMARK SITES BEING FOR STUDY PURPOSES ONLY, AND REQUIRING THE WRITTEN CONSENT OF EACH OWNER, AND ADOPTING SAID PLAN, AS AMENDED, A COPY OF THE AMENDED PLAN BEING ATTACHED HERETO, IN SUBSTANTIALLY THE SAME FORM, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Preservation Plan presented by the City Planning Commission and the City Landmark Commission be and the same is hereby amended by inserting two new paragraphs,in the preamble of Chapter IV, Identification and Inventory, with respect to the list of Landmark sites being for study purposes only, and requiring the written consent of each owner, as follows: The list of sites included herein is for study purposes only and inclusion herein shall not make any such proper- ties subject to Article V, Sections 4 and 5 of—the City Charter until such time as each site, as required by statute and ordinance, has been designated with historical and cultural zoning by the Landmark Commission, the Planning Commission and the City Council. Prior to such designation all City departments are directed to promptly submit to the Landmark Commission any information, including permits and other actions, public or private, which would indicate modifications or conflicts on any site or structure listed in the Preservation Plan, but such reporting shall not be allowed to delay -the contemplated public or private action. No site shall be included in this Preservation Plan, nor designated as Historical and Cultural zoning without the written consent of the owner thereof. SECTION 2. That said Corpus Christi Preservation Plan, as amended, be and the same is hereby adopted, a copy of said amended plan in substantially the same form, being attached hereto, marked Exhibit "A ". SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi.by publishing the caption of this ordinance, stating in substance the purpose of the ordinance. JuAr CRpF��M� ,13375' Rapid changes in population, economic functions and land use activities have produced increased demolition activity and lead to the transformation of many historical and cultural districts. One of the drawbacks of a period of accelerated social change is that buildings planned to last for centuries can become outmoded in a few decades. Structures of great artistic merit, designed and built with care and devotion, no longer have an economic use, and are casually knocked down and replaced. Buildings of less merit, which were nevertheless the very fabric of the city, vanish, with their accumulated memories and associations, leaving a depressing emptiness. 9 The U. S. Department of Housing and Urban Development (HUD) wants all com- munities to include historic preservation and enhancement in their local compre- hensive planning process. The historic preservation element of the Comprehensive Planning Assistance program has as its goal the preservation and enhancement of historic and cultural districts, sites, buildings, structures and objects which are significant in American history, architecture,archaeology and culture. Cities, such as Corpus Christi, which are recipients of Comprehensive Planning Assistance Grants, are required to prepare a historic preservation assessment when the assisted activities include the preparation of plans or policies for development which may impact National Register properties. The City of Corpus Christi has made a commitment to historical - cultural pre- servation. As set forth in Section 2BA -2 of the Corpus Christi Zoning Ordinance the City Council has found and declared that as a matter of public policy, the protection, enhancement, preservation and use of historical or cultural landmarks is a public necessity and is required in the interest of the culture, prosmity, education and general welfare of the people. 9 Jonathan Barnett, Urban Design As Public Policy (New York,New York: McGraw -Hill, 1974) P. 70 lOCorpus Christi Zoning Ordinance, Article 28A, Section 28A -2 (1975) 1 -4 i The purposes of this Corpus Christi City Council policy are: 1) to protect, enhance, and perpetuate historical and cultural landmarks which represent or re- flect distinctive and important elements of the City's or State's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places;-, . 2) to safeguard the City's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations; 3) to stabilize and improve property values in such locations; 4) to foster civic pride in the beauty and accomplish- ments of the past; 5) to protect and enhance the City's attractions to tourists and visitors and provide incidental support and stimulus to business and industry; 6) to strengthen the economy of the City; and 7) to promote the use of historical and cultural landmarks for the culture, prosperity, education and general welfare of the people of the City and visitors to the City. 11 This Landmark Preservation Plan will be prepared in accordance with the adopted policies of the City Council of the City of Corpus Christi. This Pre- servation Plan shall: 1) identify and catalog buildings, structures, sites, districts, areas, lands and other objects of spe- cial architectural, historical, archaelogical or cultural value, along with statements'of fact which verify their significance; 2) establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as landmarks.....; 11 Ibid. 1 -5 3) establish, guide lines to be used in determination of whether to grant or deny Certificates of Appro- priateness and Certificates of Demolition or Removal....; 4) formulate a program for private and public action which will state the role of various private and City agencies in preservation of landmarks; 5) suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and founda- tion sources; and 6) recommend to the proper agencies and property owners incentives and use plans designed to encourage historical and cultural preservation, and to promote the economy through preservation and uses.12 The Landmark Preservation Plan is divided into six chapters. Chapter I is an introduction to historic preservation and a review of the contents of the Pre- servation Plan. Chapter II discusses the creation and function of the Landmark Commission. Chapter III is concerned with the identification and establishment of landmark preservation criteria. Chapter IV provides the actual identification and inventory of historical and cultural landmarks. Chapter V contains specific' use plans designed to encourage historical and cultural preservation. And finally Chapter VI offers ordinances, permit forms, funding sources and action programs needed to -implement the Preservation Plan. ' The Landmark Preservation Plan is but one element of the Comprehensive Plan for Corpus Christi. The Comprehensive Plan is the official statement of public policy by the City Council concerning the desirable future physical growth and development of the City. Like all other elements of the Comprehensive Plan, the Landmark Preservation Plan is subject to continuous review and revision. A master plan is nothing more than the•easily,changed instrumentality which will show a commission from day to day the progress it has made.13 12 Ibid. 13 Bassett, The Master Plan quoted by Charles M. Haar, Land Use Planning (Boston and Toronto: Little, Brown and Company, 1971) p. 708 1 -6 C, The information, plans, action programs, and implementing procedures presented in the Landmark Preservation Plan should be useful to many groups and organizations in the community. Some uses to which this material should ba applied are suggested below. 1) Private Investment: The study results will help point out where private capital and individuals interested in preservation can invest with•a view toward protecting the historic architecture and capitalizing on structures of tourist interest. 2) Legal Protection of Historic Areas: The results of the Preservation Plan will be used to form the basis of historical and /or cultural landmark zoning. 3) Tourist Attractions: Historic structures have a potential for development as tourist attractions. The plan will identify those structures, sites and areas which might be of interest to tourists as well as to students of architecture and history. 4) Developing the Comprehensive Plan: The City's Comprehensive Plan can be developed based on an awareness and recognition of individual valuable structures. All too often, historical and cultural structures, sites, and areas are ignored in the comprehensive planning process. i 5) Guiding Public Works Projects: The availability of information in the Preservation Plan will make it possible for the Engineering and Physical Development Department and other public agencies to avoid jeopardizing the important historic buildings and sites as they develop plans for parks, roads, public buildings, and other new public works. 6) Promoting Public Interest: The information contained in the Preservation Plan can be utilized to help change the climate of public opinion to one of active concern for the City's architectural heritage. The Preservation Plan will be brought to the attention, not only of people directly interested in preservation, but of the real estate board, business associations, banks, insurance companies, churches, architects, 1 -7 C. and others with the hope that each group can develop ideas and ways to contribute to the maintenance and,rehabilitation of historic buildings. 1 -8 I CHAPTER II LANDMARK CW14ISSION An increasing number of cities throughout this country are establishing landmark commissions for the purpose of protecting the man -made environment. Cleveland, Milwaukee, Seattle, New York, Corpus Christi and Austin are a few recent examples of communities which have established landmark commissions. Landmark Commissions generally are empowered to designate, or recommend designation to the City Council, individual structures dispersed through- out the City as landmarks. In some cases the Commission can also designate neighborhoods or areas as historic districts. The designated landmarks receive protection in that the Com- mission has the authority to review requests to demolish or alter the landmark and caT delay such action for a specified time period. Close to this area the City of Austin approved the Austin Historic Zoning ordinance in March of 1974. This ordinance provided for the creation of a Historic Landmark Commission. The major responsibilities of the Austin Historic Landmark Commission include: 1) formulate criteria in determining historic landmarks; 2) prepare a Historic Landmark Preservation Plan which will ultimately become a part of the comprehensive plan of the city; 3) locate and designate buildings, structures, sites and districts eligible for the historic landmark designa- tion; and 4) establish guidelines to be used in granting or denying certificates of appropriateness or demolition.2 1 James Biddle, "Cities and Towns Act to Preserve Landmarks ", Nation's Cities, Volume 12, Number 5 (May 1974) p. 20 2 Lowell H. Lebermann, "Historical Preservation ", Texas Town and City (June 1974) p. 14 The Louisiana State Legislature amended the State Constitution in 1936 to authorize the City of New Orleans to create a historical preservation commission for the Vieux Carre Section of the City. This Commission has as its purpose, the preservation of such buildings in the Vieux Carre section of the City of New Orleans as, in the opinion of said Commission, shall be deemed to have architectural and historical value, and which buildings should be preserved for the bene- fit of the people of the City of New Orleans and the State of Louisiana, and to-the end the Com- mission shall be given such powers and duties as the Commission Council of the City of New Orleans shall deem fit and necessary.3 The Louisiana Constitution which authorizes the creation of the Vieux Commission also permits the Commission to exempt from municipal and school taxation those buildings and other structures which the Commission has designated as having historical and architectural value.4 The duties, responsibilities and authority of the Vieux Commission exceed those of any other historic landmark commission. Corpus Christi Landmark Commission Commission Creation: The Landmark Commission of the City of Corpus Christi was created pursuant to passage by the City Council on October 16, 1974, Ordinance No. 12315, entitled "Historical- Cultural Landmark Preservation ", which became Article 28A of the Zoning Ordinance No. 6106. In particular, the Landmark Com- mission was created by Section 28A -5 of the Zoning Ordinance which set forth the following: 3 Number 14538 Commission Council Series, City of New Orleans (February 16, 1937) Calendar No. 15230 4 State of Louisiana, Constitution of 1921 - Section 22A As Added by Act 139 of 1936. 2 -2 Section 28A -5 Landmark Commission Created (A) In order to assure ongoing, capable and interested attention to implementing the policy of this Council, there is hereby created a commission to be known as the "Landmark Commission of the City of Corpus Christi ", hereinafter called the "Land- mark Commission ", composed of fifteen (15) members appointed by the City Council. The membership of the Landmark Cormission shall include, if possible, at least one representative from each of the following competences: (1) A professional historian (2) A non - professional historian (3) A practicing appraiser of real property (4) A practicing architect and eleven (11) other persons. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. No one occupational or professional interest shall constitute a majority membership of the Commission. The members of the Landmark Commission shall be nominated by the individual members of the City Council and appointed by a majority vote of the Council members qualified and serving. Insofar as possible the numerical composition of the Commission shall correspond to the ethnic distribution, according to the last Federal census, of the population of the City and due regard shall be given to balancing of economic levels and the sexes. (B) Members shall serve for a term of two years, except that the initial members shall draw lots for terms, seven (7) to serve a one -year term, and eight (8) to serve a two -year term. Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term. (C) In addition to the fifteen (15) members appointed by the City Council the Director of Community Enrichment shall serve as a non- voting ex- officio member and provide staff services to the Commission. (D) The Landmark Commission shall meet at least once a month until the completion of the initial Preservation Plan, with additional meetings on the call of the Commission Chairman or upon petition 2 -3 and notice by a simple majority of Commission members, qualified and serving, and as otherwise required by this Article. Nine (9) voting members present shall constitute a quorum, and questions shall be decided by an affirmative vote of the members present. The Commission shall adopt appropriate rules and regulations and prescribe documen- tary forms for the conduct of its business. Notice of Commission meetings are governed by Article 6252 -17, V.T.S. (Open Meetings Law) but the Commission may additionally advertise its meetings and agenda as its funds permit and as its wisdom determines. Provided, however, that all Commission public hearings on applications for exterior changes (Section 28A -9) and on demolitions and on removals (Section 28A -10) shall be noticed and advertised once by publication in the official newspaper of a summary of the subject application, prepared and placed by the Director, and stating time, date and place of public hearing thereon, at least seven (7) days prior to the date on which such hearing is scheduled. Further notice, of the same tenor and effect, shall be deposited in the U. S. Mail by the Director at least three (3) days prior to the date-on which such hearing is scheduled to every owner of record of "HC" District premises situated, if any, within two hundred (200) feet of the boundaries of such "HC" District for which application is thus pending for exterior change or demolition or removal. If a quorum is not present at the scheduled hearing, the member present, or any two members, if more than one be present, may reset the hearing to a date not more than ten (10) days later, in which case the reset hearing shall be noticed and published as herein prescribed. The Commission chairman shall be designated by the City Council. A vice - chairman and such other officers as Commission rules and regulations may prescribe shall be elected by the Commission members. The minutes of each meeting shall be filed in the offices of the City Secretary and distributed as the Council may direct. Commission Function: As set forth in Section 28A -6 of the Zoning Ordinance the following functions of the Landmark Commission were established: 1) The Landmark Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the City which may be eligible for designation as landmarks and shall prepare a Landmark Preservation Plan. 2) At least annually the Landmark Commission shall review the Preservation Plan and the state of preservation of designated historical and cultural landmarks, and insert in the Landmark Commission minutes a report of such review, and take appro- priate action of any amendments to the plan deemed necessary. 2 -4 3) The Landmark Commission shall recommend to the City Planning Commission ordinances designating certain buildings, structures, sites, districts, areas and lands in the City as landmarks, and regulating the erection and change of signs and other improve- ments on the lot or lots containing a landmark, including but not limited to the removal of mature trees and planting of trees. 4) Upon a finding of necessity and emergency by the City Council it may designate a landmark as provided by Sections 28A -7 and 28A -8 of this article prior to completion of the Preservation Plan and prior to its formal insertion in the plan. 5) If the Landmark Commission finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the Landmark Commission shall recommend to the City Planning Commission that the fee or a lesser interest in the property in question be acquired by gift, devise, purchase, eminent domain or otherwise, pursuant to the City Charter and State and Federal law. 6) The Commission shall comment to the Board of Adjustment on all applications for variances and special exceptions within an "HC" District and may, with concurrence of the City Council, appeal any Board of Adjustment decision to a State District Court. The Office of Planning and Urban Development shall promptly furnish the Landmark Commission a copy of every zoning application received by it involving a designated "HC" District and the Commission may comment on such application to the Planning Commission and City Council. •7) The designation of a landmark may be amended or removed using the same procedure provided in this article for the original designation; whenever a designated landmark has been, in whole or in part, demolished or removed the Landmark Commission shall promptly notify the Planning Commission with a recommendation as to whether the existing "HC" designation should be retained or repealed. If repeal is recommended the Planning Commission shall conduct a public hearing pursuant to Article 1011f, V.A.T.S. and proceed as therein prescribed and by City ordinances. 8) The Landmark Commission shall provide information and counselling to owners of designated landmarks; it'shall comment on'capital improvement programs affecting designated landmarks. 2 -5 CHAPTER III LAWMARK PRESERVATION CRITERIA Introduction In order to develop successful ways of protecting historic architecture in any setting, the first step must be a clear and generally accepted recog- nition that it is important for a city to keep its heritage from the past, and therefore, worth the considerable effort which doing so will frequently involve. Beyond this primary recognition, however, there is a basic need for a competent method of identifying significant structures and evaluating their relative worth in regard to preservation. 'To do this, it is necessary to develop an objective system of fact finding and evaluation which can be used for evaluating all the buildings in the community. The evaluation and recording of historic structures is an important first step in any preservation effort. There have been many surveys of historic build- ings that have been made or are currently being undertaken in many places through- out the United States. The most comprehensive and well -known of these is the Historic American Buildings Survey sponsored by the National Park Service in the 19$0's. It involved the recording of data, photographs, and detailed measured drawings -for a large number of outstanding structures throughout the country. The Historic American Buildings Survey documents are available for public use in the Library of Congress and in various local repositories. Frequent additions have been made to the original materials by Chapters of the American Institute of Architects and other groups, using in many cases a short printed form developed in cooperation with the National Trust for Historic Preservation. - A revival of interest in-the Historic American Buildings Survey occurred in 1958 when the National Park Service launched new study projects in several areas. Since that time other major local surveys have taken place in Charleston, South Carolina; St. Louis, Missouri; Boston, Massachusetts; Sacramento, California; Newport, Rhode Island; Philadelphia, Pennsylvania; Savannah, Georgia; Winston - Salem, North Carolina; New Castle, Delaware; Germantown, Pennsylvania; and San Antonio, Texas. Historical Preservation Criteria To define the areas of special architectural and historic importance it is .necessary to have a general knowledge of the character an,d date of the buildings and the growth of the City as a whole. The specific information needed for the addition of the historic factor into the Preservation Plan is a history of the growth and development of the City. The following brief outline of local history is intended to serve as a temporary framework within which to view the worthiness of preservation of particular buildings or sites. I. Period of Indian Occupancy: Evidence 6000 -8000 years ago; Aransas Culture, c.1, 00 to 1,300 A.D.; Rockport Culture, c. appeared about 1,400 A.D. - represented by Karankawas,Coahuiltecans, Lipan Apaches, and numerous smaller groups. II. Period of Spanish Exploration and Conquest: 1519 - 1821 A. Exploration and attempted settlements. 1) 1519 - Alonzo Alvarez de Pineda sails along the coast, perhaps sighting what came to be called Corpus Christi Bay. 2) 1528 - Alvar Nunez Cabeza de Vaca may have traveled through Nueces County area as prisoner of the Indians. 3) 1568 - David Ingraham and two other Englishmen may have traversed South Texas on their way east. 4) 1685 -87 - La Salle, Frenchman, may have visited the Coastal Bend area. Referred to the river-as Riviera D'Or, which was later named the Nueces. 5) 1689 - Alonzo de Leon named the river Rio de las Nueces 6) 1746 - Jose de Escandon - first continuing effort by tTie Spanish to establish themselves in the area, named Colonia del Nuevo Santander. a r Extended from Tampico to the San Antonio River, and inland a distance of about 200 miles. b) Attempted settlements on the north shore of the bay Villa de Vedoya and mission Nuestra Senora de Soto. 7) 1746 - Joaquin de Orobio Basterra called the bay "San Miguel de Archangel." 8) 1766 - First Recorded use of the term "Corpus Christi Bay" (By Colonel Diego Parilla) 3 -2 't B. Spanish land grants in Nueces County area, 1805 -1809, included Rincon de ]as Laureles, Casa Blanca, Barranco Blanco Puenticitas, San Antonio de Agua Dulce. Enrique Villarreal received a grant which was not perfected. III. Period of Mexican Jurisdiction: 1821 -1836. A. Land grants - Enrique Villarreal received the Rincon del Oso grant of ten leagues in 1831, which encompassed most of the area of modern Corpus Christi. B. Manuel Mier Y Teran proposed colonies and towns about 1830. 1) Powers and Hewetson Grant, north and east of the Nueces June 11, 1828. 2) McMullen and McGloin Grant, north and east of the Nueces August 17, 1828. 3) Fort Lipantitlan, in north -west Nueces County, 1830. C. Baron Juan Raiknitz attempted to settle - 1838. IV. Period of the Texas Republic: 1836 -1845 A. Independence proclaimed - March 2,1836. B. Boundary Act, 1836 (Deceiber ). C. Arrival of-H. L. Kinney - 1838 - founding of trading post which became Corpus Christi. D. Post Office established - 1842. E. Arrival of General Taylor and his troops - August, 1845. F. Establishment of first military graveyard in Texas - Old Bayview. G. First newspaper - 1845. H. Flag planted on Texas soil for first time - U. S. flag. I. Annexation to United States formally approved. V. Period of early statehood: 1846 -1860. A. Presence of Taylor's troops - artesian well dug, Fort Marcy, etc. B. Impetus to stability and growth of Corpus Christi. C. Present Centennial House erected for Forbes Britten. D. First Nueces County census taken - 1850. E. Corpus Christi incorporated. F. Lone Star Fair - first state fair in Texas - 1852. G. Kinney donates several parcels of land to city, including Market Square (present La Retama site) and Artesian Park site. H. Courthouse built - 1857. VI. Period of the Civil War: 1860 -1865, no military action of major significance in Corpus Christi, but some related to the Federal blockade. VII. Period following the Civil War: 1865 -1900. A. Economy of livestock, trail driving, cattle thieves. B. First Morgan Line steamship docked - 1874. C. Lichtenstein store opened - 1874. D. Nuecestown raid - 1875. E. First railroad - Corpus Christi, San Diego and Rio Grande - 1876. F. Corpus Christi Caller established - 1883. G. Second railroad - San Antonio and Aransas Pass - 1886. 3 -3 7 VIII. Corpus Christi in the Twentieth Centur : 1900- present `-- A. Diversified agriculture. B. Social and cultural life. C. Education. D. Churches. E. Hospitals. F. Transportation. G. Oil economy - Pioneer Oil Co. No. 1 John Dunn well - September 23, 1915. H. 1919 Storm. " I. 1926 - Port of Corpus Christi. J. Seawall improvements. This general outline of the historical development of the Corpus Christi area provides a temporary historical perspective for utilization in evaluating the historical and cultural' significance of buildings and sites. One of the future major responsibilities of the Landmark Commission will be to prepare a more thorough, precise and comprehensive review of local historical development. Architectural Style_ The emphasis.of this Landmark Preservation Plan is placed on history, especially architectural history; and on developing ways to protect and make use of the remaining historic architecture in this community. For this reason it is considered important to discuss the architectural periods and stylistic definitions as they relate to the development of architecture in the Corpus Christi area. The following is a brief outline of the architectural periods and stylistic definitions which have been approved for utilizing in evaluating architectural significance. Architectural Periods and Stylistic Definitions I. Frontier Settlement Period: beginning to 1849 - includes adobe (or palisado) and regional frame. II. Greek Revival: 1849 -1870 III. Transitional Period from Greek Revival to Victorian: 1870 -1875 3 -4 IV. Victorian: 1868 -1900 A. Gothic Revival: 1868 -1878 B. Stick Style: 1880 -1885 C. Mansard: 1875 -1880 D. Italinate: 1880's E. queen Anne: 1890 -1900 F. Shingle Style: 1890 -1900 G. Victorian Conglomerate' V. Regional - VI. Colonial Revival: 1900 -1912 VII. Renaissance Revival: 1912 -1940 VIII. banish Colonial Revival: 1930 -1940 One of the major future responsibilities of the Landmark Commission will be to develop in much greater detail the characteristics of the building styles to be found in the local community. Criteria for Judging Historical and Architectural Significance Criteria must be established for judging architectural and historical worth in order to designate buildings, structures, sites, districts, areas, and lands in the City as historical and /or cultural landmarks. The following is'a.review of the criteria used by the National Trust for Historic Preservation and the'land- mark designation criteria set forth in Section 28A -4 of the Corpus Christi Zoning Ordinance. Section 28A -4 of the Corpus Christi Zoning Ordinance sets forth the following criteria which the City Council shall consider, but not'be limited to, in designat- ing historical and /or cultural landmarks: 1) prior recognition as a Registered Texas Landmark, a National Historical Landmark or as an entry in the National Register of Historic Places; 2) embodiment of distinguishing characteristics of an architectural type of specimen, or of the social, economic, or political heritage of the City, whether residential, commercial, or institutional, as commonly understood; 3) identification as the work of an architect or master builder whose individual work has influenced the development of the City; 3 -5 4) embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a signifi- cant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period; 5) relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on a common architectural, historic or cultural motif; . 6) archaeological value in that it has produced or can be expected to produce artifacts affecting historic or prehistoric study, 7) exemplification of the cultural, economic, social, ethnic or historical heritage of the City, County, State, or the United States; 8) location as the site of a,significant historic event; 9) identification with a person or persons who significantly contributed to the culture and development of the City, County, State or the United States; and 10) a structure or natural feature or element that because of its location has become of historic - cultural value to a neighborhood, community, area or the City. The Landmark Commission has adopted three additional criteria which shall be utilized in evaluating historical - cultural landmark designations. These criteria are: 1) value as an aspect of community sentiment or public pride; 2) portrayal of the environment of a group in an area of history characterized by a distinctive architectural style; and 3) the historical landmark should be at least taro- thirds as old as the present culture in the community with which it is associated, except where sufficient Historic - Cultural zoning significance can be clearly demonstrated. Of additional interest and assistance to the Landmark Commission is the "Criteria for Evaluating Historic Sites and Buildings" developed by the National Park Service and adopted in general by the National Trust for Historic Preserva- tion to serve as a guide for groups concerned with the "protection, restoration, 3 -6 maintenance and the interpretation of sites, buildings and objects significant in American history and culture." The most important concepts of the "criteria" are summarized as follows: Historic and Cultural Siqnificance: IFF Broad historical values representing the "cultural, political, economic or social history of the nation, state or community....." 2) Identification viith historic personages. 3) Identification with historic events. 4) Architectural or landscape values, emphasizing the value of "an architectural type- specimen, inherently valuable for a study of a period -style or method of construction; or a notable work of a master builder, designer, or architect whose individual genius in- fluenced his age." Mere antiquity is not considered a sufficient reason for preservation except where other more significant examples have disappeared or when the structure forms a part of an especially characteristic section of a given community. Smaller structures, such as the first squared -log cabins or the sod houses of the pioneers are recognized as having as much importance as the mansions of the past. 5) Identification with aboriginal man. Suitability- 1) Extent of surviving original material. The "criteria" suggests that structures or sites considered for pre- servation should have a preponderance of original material or other physical remains which have retained their integrity. Integrity is defined as a composite quality derived from original workmanship, original location and intangible elements of feeling and associa- tion. The reports add that "repair or restoration of original elements or reconstruction of a building long destroyed demands high professional standards of histori- cal and scientific techniques" and states as a principle or procedure that it is better to preserve than repair, .....better to restore than reconstruct." 2) Adequacy of property boundaries, accessibility and several other similarly practical concepts are listed under this heading. Educational Values: 1) Capacity for public use and enjoyment. 2) Place in other preservation programs. 3) Cooperation with other agencies. 3 -7 Aher Factors: Such matters as cost of restoration, and of maintenance, as well as finding suitable sponsorship, are also listed by the National Trust for consideration. The Landmark Commission has approved the following classification of types and styles for identifying and evaluating landmarks. The purpose of such a classification is to facilitate the work of the Commtission and to organize the system of information contained in its files. Suggested landmark types are: 1) individual buildings: structures of historical, architectural and cultural significance; 2) building .groups: two or more structures so located as to reinforce one another and achieve an impact in excess of their individual worth; 3) districts: definable (or defined) areas which have retained their historic,.architectural character, or are significant because of their relation to a structure'or group of extreme significance; 4) open spaces: those spaces defined in land by the urban setting which include green grass, playas, and as yet undeveloped land; 5) waterways: natural and man -made waterways of istoric significance relating to the develop- ment of the City; 6) landmark trees: trees of historical importance which are significant as to size, number, species, age or relation to a well known event or person; 7) battlefields. recorded battle sites; 8) monuments and statues: those commemorating historic persons or events; 9) bridges:; 10) transportation: routes which have shaped the develop- ment of the City as well as specific sites of special importance; 11) archaeological sites:; and 12) urban artifacts: individual and man -made items other. than structures which are of significance. 3 -8 An evaluation of the significance of all proposed landmarks will be provided by the Landmark Commission. At such time as individual consideration is given to a proposed landmark designation request, each landmark will be classified according to its significance. The classifications will be as follows. Group I Resources which are irreplaceable because of architectural, historical or cultural value: Not to be replaced or- changed, unless required to conserve, maintain or restore. Group II Resources which are of major significance. Should not be replaced or destroyed except under the most extreme circumstances. Group III Resources which are of some•significance. Every effort should be made to preserve and maintain them as useful resources within the City context. Replacement should be • more suitable and useful, and should be compatible with the surroundings. Group IV Resources which are of value as part of the scene. Resources which in themselves are not examples of distinguished merit, but are an important element in the environmental character of the City or contribute to the total scene - because of scale materials, craftsmanship, increasing age, etc. Group V Resources which are of minor importance or merit. Items which do not merit expensive restoration or preservation measures and are expendable for relocating more important resources, or for appropriate new construction. 3 -9 CHAPTER IV IDENTIFICATION AND INVENTORY One of.the primary purposes of the Landmark Commission and the Preservation Plan is to identify and catalog buildings, structures;. sites, district, areas, lands and other objects of special architecturaT, historical, archaeological or cultural value. The identification and cataloging of these subjects is based on the preservation criteria provided elsewhere in this plan. A list of sites deemed to be of sufficient value to warrant inclusion in the Preservation Plan has been prepared by the Landmark Commission. This list is tentative and incomplete. Additional research is continually taking place and additions, modifications and deletions will be an on -going process. No landmark. is designated by adoption of the plan. The list of sites included herein is for study purposes only and inclusion herein shall not make any such properties subject to Article V, Sections 4 and 5,of the City Charter until such time as each site, as required by statute and ordinance, has been designated with historical and cultural zoning by the Landmark Commission, the Planning Commission and the City Council. Prior to such designation all City departments are directed to promptly submit to the Landmark Commission any information, including permits and other actions, public or private, which would indicate modifications or conflicts on any site or structure listed in the Preservation Plan, but such reporting shall not be allowed to delay the contemplated public or private action. No site shall be included in this Preservation Plan, nor designated as Historical or Cultural zoning without the written consent of the owner thereof. The procedures followed in compiling this initial list were: 1) List of historic sites which already have recognized markers; 2) List of sites approved for markers by the Nueces County Historical Commission; and 3) Sites suggested by various citizens of Corpus Christi,. including members of the Landmark Commission. The following is the list of sites identified in the Preservation Plan. They are grouped in three categories as follows. Group I This group consists of those sites which are identified with historical markers. Most of-the sites included in- this group are recognized by the Texas Historical Com- mission as evidenced by an official Texas Historical Marker erected on the site. Some sites have historical markers which have been erected'by other organizations and are recognized by the Landmark Commission. Group II This group consists of those sites which are approved by the Nueces County Historical Society for marking. Research on most of these sites has been completed and several marker appPlications have been filed with the Texas Histor.ical.Commissiorr.. Other•applications.will":. be filed in the coming months and this group will be updated. 4 -2 Group III This group includes residential and nonresidential sites that may warrant preservation but which research is in- complete at this time. These sites have been suggested for inclusion in the Preservation Plan by various citizens of the community including memebers of the Landmark Commission. Figure 1 on the following page provides the graphic inventory of the sites which have been-identified for landmark purposes. The following is the written list of landmark sites by group. Group I. Sites identified with historical markers. A. Sites noted for their historical significance, at which the original structure is no longer in existence. H -C zoning is not proposed under this plan. (1) Sites where official Texas Historical Markers are erected. 1. Lone Star fair - -600 Block Lower Broadway at Bluff improvements to west end of Market Square Z. Early lighthouse - -North Broadway and Buffalo 3. Kinney's Trading Post - -401 North Broadway 4, Nueces County Marker- -North Water Street on Court House grounds 5. Civil War Marker- -1201 North Shoreline o. General Sterling, Texas Ranger -- Seaside Cemetery 7. Old Saint Patrick's Church - -620 Lipan (2) Historical markers erected by other organizations recognized by the Landmark Commission. 8. Bayshore Monument -- Median between 400 and 500 Block of North Shoreline 9. Robert Driscoll Memorial- -Deep Water Port Building B. Sites identified with historical markers where H -C zoning exists, is contemplated, or under study. (1) Official Texas Historical markers are erected or received. 10. Sidbury House- -1619 111orth Chaparral; Beach Portion, Block 70, Lot 6 4 -2a 4 -3 11. Lichtenstein House - -1617 North Chaparral; Beach, Portion, Block 70, Lot 5 12. Guggenheim House - -1616 North Chaparral; Beach Portion, Block 70, Lot 4 13. Bayview Cemetery- -Bluff Addition, Block 70; bounded by Ramirez, West Broadway, Waco, and Padre Streets 14. Centennial House - -Bluff Addition, Block 1, Lot 4 15. Merriamn -Bobys House - -801 South Broadway; Rayne Tract, Lots T and U (2) Historical markers erected by other organizations recognized by the Landmark Commission. 16. Confederate Memorial Fountain - -600 Block Lower Broadway at Bluff improvements to west end of Market Square. (This is at- the same location as the Lone Star Fair Marker.) Group II. Sites approved by the Wueces County Historical Commission for marking. A. Sites noted for their historical significance, at which the original structure is no longer in existence. H -C zoning is not proposed under this plan. 17. Port of Corpus Christi 18. Corpus Christi Bay 19. Flour Bluff 20. Church of the Good Shepherd - -Park at South Upper Broadway 21. Dr. Arthur Spohn 22. Solomon M. Cole (Cole's School)'Blocks 71 through 72 23. Old Salt Mill- -Beach Addition, Block 5, Lot 6 _24. Street Railway - Car Barn - Beach Portion, Block 69, Corner of Hughes and Tiger B. Sites where H -C zoning is contemplted, or under study. 25. Artesian Park and Sulphur Well- -Beach Portion; Block 8, Lots 4,5,6,7,8, and 9 4 -3 26. Blucher Homes A. Blucher Home - -123 North Carrizo; Blucher Arroyo Tract, Lot K B. Blucher Home- -205 North Carrizo; Blucher Arroyo Tract, Lot L C. Blucher Home- -211 North Carrizo; Blucher Arroyo Tract, Lot M 27. Ropes Home - -802 Carancahua; Rayne Tract, Lot 1 28. Greer - Young- Westegren House - -234 Rossiter; Port Aransas Cliffs, Lots 1 through 4 Group III. Other sites to be considered for Historical- Cultural designation. 29. Bluff-Houses - Group A. Richard King House- -611 South Upper Broadway; J. D. Bernard, Block 2, Lots 1, 2, 7, and 8 B. Howell Ward (Lichtenstein House)- -615 South Upper Broadway; Rayne Tract, Block 3, Lot D C. Watson - Giles - Farenthold House- -625 South Upper Broadway; Rayne Tract, Block 3, Lot A 30. Pease House- -707 South Upper Broadway; Bluff, Block 4, Lot C 31. Weil Muses A. Alex Weil House - -518 Park Avenue; Rayne Tract, Block 3, Lot B B. Jones Weil House - -520 Carancahua; Rayne Tract, Block 3, Lot C C. Sylvan Weil- -535 Carancahua; Rayne Tract, Block 4, Lot A 32. Dr. Kaffie House- -525 Carancahua; J. D. Bernard, Block 1, Lot 1 33. Apartment House ( Lichtenstien) 722 Carancahua; Bluff, Block 5, Lot J 34. Roberts Home - -807 Carancahua; Hampton, Block 1, north half of Lots 10, 11, and 12 4 -4 35. Lillian Smith Davis House- -723 Coleman; Hampton, Block 1, west half of Lot 5 and Lot 6 36. Kit Carson Home- -920 Park Avenue; E. B. Colest First, Lots 11 and 12 37. Pax Christi (Kennedy Servants Quarters) 720 Lipan; Bluff, Block 1, Lot 7 38. Wilson Peronot House - -402 Waco; Bluff, Block 31, Lot 12 39. French - Galvan House -403 Waco; Bluff, Block 42, Lots 1 and 2 40. Gaffney -Young House -915 Buffalo; Bluff, Block'23, Lot 6 41. Toups (Scott) House- -902 Antelope; Bluff, Block 23, Lot 1, 42. Vicente Lozano House - -1111 AGnes; Chamberlain, Block 11, Lots 7, 8, 9, and part of 10 43. Ben Grande House - -709 Artesian; Bluff, Block 34, Lot 3 44, Thompson -Parr House - -3747 Denver; Port Aransas Cliffs, Block 117, North 12.5' of 8 and 9 through 13. 45. North Chaparral Houses A. Savage- Thomas - -1402 North Chaparral; Beach, Block 55, Lot 12 B. 1403 North Chaparral; Beach, Block 51 C. 1323 North Chaparral; Beach, Block 44, Lot 6 D. 1319 North Chaparral; Beach, Block 44, Lot 5 E. 1315 North Chaparral; Beach, Block 44, Lot 4 F. 1309 North Chaparral; Beach, Block 44, Lot 3 , 46. Old Irishtown- -Beach Portion; Blocks 11, 31, 32, 36. 37, 43, 44, 50, 51, 60, and 69 47. Twin Houses - -416 -418 Palo Alto; Beach, Block 51, Lot 1 4 -5 48. McCampbell House - -1421 North Water; Beach, Block 55, Lot 5 49. Frank Allen House - -305 North Tancahua; Bluff, Block 15 50. Missouri Pacific Railroad Station - -1101 North Tancahua; Beach Portion, Block 29 The Landmark Commission has approved the establishment of a Master File which shall be located in th6 Office of Community Enrichment. The Master File will accumulate the following information about buildings, structures, sites, districts, ares and Tands within the City that are eligible for landmark designation. 1) historic Survey Sheet containing basic information; 2) each item classified according to Census Tract area; 3) each item classified by Historic Landmark type; 4) Each item file will be numbered to correspond with the number on the map of sites so as to facilitate filing and refiling; 5) a photograph of each iste will be included, if possible, of the original site as well as current site; 6) a written history and historical data documenting the value of the site as to its significance in City, County, State, or Nation, and the neighborhood; 7) an architectural evaluation of the site; 8) evaluation of the condition of the site or structure(s); 9) estimate as to the apprxomate cost of restoration; 10) recommendation as to the type of action to be taken; and 11) valuation as recorded on the Tax Roles by the City Tax Assessor. Finally, it must be emphasized again that the Landmark Commission is cognizant of the fact that further research or changing conditions may indicate that some items should be removed from the plan and that-' others may need to be added. The Preservation Plan is subject to constant revision and, according to the Zoning Ordinance, it must be reviewed at least once each year. 4 -6 CHAPTER V, PRESERVATION USE PLANS An important concept of this Preservation Plan has been based on the recognition that cities are the product of continuing develop- ment and that the resultant architectural evolution is important. An attempt has been made to develop an approach to the evaluation of buildings which represents the integrity and the salient qualities of each architectural style and to recommend future plans and programs which will assure the perpetuation of buildings, structures, sites, districts, areas and lands. in the City with historical and /or cultural importance. Currently, preservation philosophy has been favoring the technique of adapting historic structures for contemporary use wherever possible. It has been felt that the fewer museums the better, and that many more structures could be saved if a practical function could be found for them. In addition to contributing to the community's assets,, structures that are lived in and used assist in their own survival. .Of course museum buildings serve an important purpose and isolated outstanding monuments should be preserved. But groups of surviving related buildings in their original setting can explain the character- istics of other eras.and can give an added cultural and historic dimension to the modern city in ways that single monuments cannot. There are many historic neighborhoods and whole historic communities throughout the country in active contemporary use which are in good condition, and enjoyed by their.inhabitants. The list of such places is long: Beacon Hill in Boston; Chestnut Street in Salem, Massachusetts; Benefit Street in Providence, Rhode Island; Elfreth's Alley in Philadelphia, Pennsylvania; Newcastle, Delaware; Charleston, South Carolina; Natchez, Mississippi; Church Hill in Richmond, Virginia; Georgetown, District of Columbia; and the Vieux Carre in New Orleans. All are famous examples of historic.communities in contemporary - use.I In addition to the above examples there are numerous small communities and neighborhoods all over this country that have not received recognition, but which nevertheless have good examples of historic areas that are protected and preserved. All areas, regardless of size, that have successful preservation programs have shown substantial public interest in the renewal of their historic areas. This has been due, in part, to local efforts as well as to much broader factors at work affecting the growth of metropolitan areas. There are always organized societies and citizens organizations in those cities with successful preservation and renewal programs. And government action in the form of planning, urban renewal and zoning has been responsible for much of the success. Historical areas and buildings seem to be attractive as places to live and to use for some or all of the following reasons. 1) The unusual character of the neighborhood and the prestige of living in a historic area; 2) The integrity of the architecture; 3) The fine sense of human scale of the environment; 4) The renewed interest in American history and culture; 1College Hill: A Demonstration Stud�f Historic Area Renewal (Providence, Rhode Island: Providence City Plan Commission, 1961) p. 4. 5 -2 5) The adventure and challenge in renovating a run -down structure; 6) The greater value received in expenditure for shelter in terms of space compared with new construction; and 7) The value placed on homes as antiques as they are in limited number. (There are obviously no more authentic structures of their-kind being built and with the historic association attached to each house, their value is assured.)2 Particular mention should be made of specific historic structures that are successfully being put to contemporary use. Some of the uses of historic structures in other parts of the country that have -come to the attention of the National Trust are as follows. Restaurant - Fraunces Tavern, New York City Tearoom - Lorillard Snuffmill in New York Botanical Garden Tourist Reception Center - Jail at Waterford, Virginia Community Center - A.delphi Mill, Maryland Parish House - Silas Wright House, Canton, New York American Legion Headquarters - Gadsby's Tavern, Alexandria, Virginia Library - Octagon House, Red Hook, flew York Bookstore - Becky Thatcher House, Hannibal, Missouri Chamber of Commerce Headquarters - First pharmacy in Bethlehem, Pennsylvania Study Center - Dumbarton Oaks, Washington, D. C. Nursing Home - Belo House, Winston - Salem, North Carolina Fine Arts Museum - George Parish House, Ogdensburg, New York Office - Aiken House, Charleston,_South Carolina Restaurant - Levi Lincoln House in Sturbridge, Massachusetts.3 A few cities have made master plans for historic districts and have recognized the opportunity to use local zoning laws to preserve and develop historic districts. Local efforts for master planning have been undertaken in: Philadelphia, Pennsylvania; New Haven, Connecticut; Bethlehem, Pennsylvania; Portland, Maine; Nashville, Tennessee; Portsmouth, New Hampshire; Los Angeles, California; Natchez, 2Ibid. 3Ibid. 5 -3 Mississippi; San Diego, California; Albuquerque, New Mexico; and Austin, Texas. In the preparation of the general use plans for historical and/ or cultural designation a conscious effort will be made to place emphasis on retaining historical structures and buildings and keep- ing them in active use. Careful attention will be paid to their original appearance and the elements of the setting such as yards, trees, shrubs, pavements, outbuildings, and their-placement in relation to sidewalks, streets and adjacent development. The use plans will be concerned with providing overall recommendations on such matters as zoning, land use, traffic patterns, and capital improvements programming. The general use plans approved by the Landmark Commission will be the basis for recommendations for historical and /or cultural landmark designation. The term "use" as herein used shall mean, "the legal enjoyment of property that consists in its employment, occupation, exercise-or practice." Any use plans proposed by the Landmark Commission shall be governed by and within the scope of the enacting ordinances by which the Landmark Commission is created. At such time as the Landmark Commission votes to submit a recommendation to the City Council through the Planning Com- mission a proposed ordinance designating H -C zoning, the Commission will incorporate into the designation ordinance a use plan statement- - this statement shall be incorporated into the Preservation Plan upon adoption by the City Council. The use plans prepared for zoning recommendations shall be considered within the context of the enacting ordinance, all state 5 -4 1. and federal regulations, and any other governmental agency having jurisdiction on the property. In each instance, the Landmark Commission shall take into consideration the nature and character of the property, its present use, zoning, and ownership - whether it be public or private. Inasmuch as the ordinance creating the Landmark Commission is intended to preserve a visual reminder of the past social, cultural, political and economic heritage of the community for the maximum public enjoyment, the use plans submitted by the Landmark Commission shall attempt to achieve the-maximum public enjoyment insofar as they are compatible with the nature and character of the property.. The following guidelines shall be followed by the Landmark Commission in developing the general use plans. 1) The use plan submitted by the Commission shall not impose extraordinary economic burden upon the owner of any property, be it public or private; 2) Wherever feasible, the use plan shall be designed to s seek the highest and best use of the property insofar as it is compatible with the nature and character of the property; 3) The use plan submitted by the Commission shall endeavor to create a use which shall lend itself to the continued maintenance and preservation of the property; 4) The use plan submitted by the Commission -shall be compatible with existing zoning and the Commission shall endeavor to create a use which is consistent with the best use for which the -area in which the property lies lends itself; and 5) Whenever possible, the Commission will endeavor to employ the property for the same purpose for which it was originally employed. It is recognized, however, that in many instances it may be in conflict with the criteria set forth above. 5 -5 CHAPTER VI IMPLEMENTATION The Preservation Plan can be implemented in a variety of ways. If plans have public acceptance and propose good solutions and programs they will be followed voluntarily by citizens, groups, organizations, and public' agencies carrying out specific plans. Voluntary compliance is of primary importance in carrying out plans. Secondly, regulatory codes and ordinances can insure compliance with the principles, standards, and programs developed- in the plan. Finally, the plan may be implemented by preparation of more precise general use plans and through capital improvements programming. Ordinances Historic area zoning is a form of land use and architectural control that is applied to an area or site of historical and /or cultural significance. It is a regulatory device enacted and employed by municipal governments and in many cases it is made a part of the actual zoning ordinance of the city. The principle of zoning has long been upheld in the courts of this country. More recently, the extension of zoning into the area of the regulation of land use and development in historic areas has been accepted by the courts as a legi- timate function of government. The use of such an ordinance is not new; Charles- ton, South Carolina, passed historic area regulations 37 years ago, and New Orleans enacted them soon after. The passage and enforcement of such ordinances are justified on the basis that community appearance and the preservation of histori- cal and /or cultural landmarks that add to the culture, economic prosperity, edu- cation, and enjoyment of the community, are a public necessity and required in the interest of the general welfare of the people. The following is a partial listing of the communities which have already adopted historic preservation ordinances. New Castle, Delaware Washington, D.C. Lexington, Kentucky New Orleans, Louisiana Annapolis, Maryland Boston, Massachusetts Lexington, Massachusetts Salem, Massachusetts Nantucket, Massachusetts Natchez, Mississippi Albuquerque, New Mexico Santa Fe, New Mexico Winston - Salem, North Carolina Philadelphia, Pennsylvania San Juan, Puerto Rico Charleston, South Carolina Austin, Texas Alexanderia, Virginia Richmond, Virginia Charlottesville, Virginia Williamsburg, Virginia St. Croix, Virgin Islands These regulations, while differing in detail, are quite similar in their general approach. A more or less standard procedure is to make historic preser- vation regulations a part of the existing zoning ordinance. When this is'done a new district or overlay district is created within which special regulations are applied. The heart of many such regulations•is the creation of a special com- mission, which is given the powers of approval or rejection of plans for building, alteration, repair, and demolition of structures within the district. Underlying all historical- cultural zoning regulations is the very delicate matter concerning the legal basis of aesthetic judgment'. With increasing fre- quency courts are concluding that aesthetic considerations are an important factor in zoning matters. One of the strongest arguments for supporting aesthetic regu- lations was provided by the United States Supreme Court in the landmark case of Berman vs. Parker. In its decision the Court held the following: ...The concept of the public welfare is broad and inconclusive ... The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to deter- mine that the community should be beautiful as well as healthy...I There have been a sufficient number of decisions supporting the legality of aesthetic regulations to warrant the conclusion that unless arbitrarily administered, aesthetic judgment is an appropriate function of the police power. 1 Berman vs. Parker, 348 U.S. 26,99 L. Ed. 27,75 S. Ct. 98 6 -2 Article 1011a of Vernon's Annotated Revised Civil Statutes of the State of Texas states that, (f)or the purpose of promoting health, safety, morals and for the protection and preservation of places and areas of historical and cultural importance and signi- ficance, or the general welfare of the community, the legislative body of cities and incorporated villages is hereby empowered to regulate and restrict the height, number of stories, and size of buildings, and other structures, the percentage of lot-that may be occupied, the size of the yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures,•and land for trade, industry, residence, or other purpose; and, in case of designated places and areas of historic and cultural importance, to regulate and restrict the construction, alteration, reconstruction, or razing of buildings and other structures. Acting in accordance with the State enabling legislation the City of Corpus Christi on October 16, 1974, adopted Ordinance No. 12315, entitled "Historical- Cultural Landmark Preservation" which became Article 28A of the Corpus Christi Zoning Ordinance. This Ordinance provided for: 1) the definition of a historical- cultural landmark; 2) a declaration that the protection, enhancement; preservation and use of historical or cultural landmarks is a public purpose; 3) the creation of a historical and /or cultural landmark "HC" zoning designation; 4) the establishment of suggested criteria for evaluating historical and /or cultural landmarks; 5) the creation of a Landmark Commission and the establishment of commissioner qualifications, terms of office, size of the commission, meeting requirements, and selection of officers; . 6) the establishment of the functions of the Land- mark Commission; 7) the preparation of a Preservation Plan and procedures to follow for its adoption and incorporation into the Comprehensive Plan; 6 -3 8) a procedure for obtaining approval for exterior alterations and changes for historical and /or cultural landmarks; 9) a procedure requiring application to the Land- mark Commission in order to obtain authorization for demolition or removal of a historical or cul- tural landmark; - • 10) a method for requiring the exterior maintenance and structural soundness of historical and /or cultural buildings; and 11) the establishment of a penalty for any person, firm, or corporation which violates any provision of this Ordinance. copy of Article 28A "HC" Historical- Cqltural Landmark Preservation is provided in the Appendix of the Preservation Plan. What the Corpus Christi historical preservation ordinance attempts to do is give full recognition, consideration, and protection to the outstanding and valuable buildings, structures, sites, districts,-areas, and lands that represent the historical and /or cultural heritage of the community. Protection for historical - cultural structures is provided by Section 28A -9 and 28A -10 of the Zoning Ordinance. Section 28A -9 provides that no person or' entity other than a State, County or federal government fee simple owner, shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of a designated landmark in the City unless application be made to the Landmark Commission for a Certificate-of Appropriateness and such a Certificate be granted. The application form for a Certificate of Appropriate- ness is provided in Appendix B. The guidelines to be used by the Landmark Commission in determining whether to grant a Certificate of Appropriateness shall be: 6 -4 1) whether the proposed work will adversely affect any significant architectural, historical, or cultural feature of the landmark, or the area in which it is located, 2) whether proposed changes are necessary to comply with the City Building Code, Electrical Code, Plumbing Code, Fire Prevention Code, or other technical or legal construction codes or require- ments An exemption from the Certificate of Appropriateness requirements is provided for ordinary repair or maintenance which does not involve changes in architectural and historical style of-value, general design, structural arrangement, type of building material, primary color or basic texture. Section 28A -I0 of the Zoning Ordinance states that no person shall demolish or remove a deisgnated landmark unless application be made to the Landmark Commission for a Certificate of Demolition or a Certificate of Removal and such certificate be granted. The application form for a Certi- ficate of Demolition or Removal is provided in Appendix B. The guidelines to be used by the Landmark Commission in determining whether to grant a Certificate of Demolition or Removal shall be: 1) the state of repair and maintenance of the landmark; 2) the cost of restoration or repair to achieve a fair return on the property; 3) the existing and potential usefulness, including economic usefulness of the.landmark; 4) the owner's costs of maintaining and using the landmark; 5) the purpose of preserving the structure as a landmark; 6) evaluation of the value of the landmark based on the criteria established by the Landmark Commission; 7) the character, zoning and type of adjacent uses; 8) the amount and character of income earned on the landmark by its owner's); and 9) whether the property enhances the city's attractions to tourists, provides incidental support and stimulus to in- dustry, and strengthens the economy of the City. 6 -5 Sources of Funds One of the primary responsibilities of the Landmark Commission and the Preservation Plan is to suggest sources of funds for pre- servation and restoration activities, and for acquisitions. The following is a list of some of the major Federal Government programs which might be utilized locally for historical- cultural preservation activities. 1) General Revenue Sharing 2) Community Development Block Grants 3) Comprehensive Planning Assistance Grants 4) Grants- In -Aid for Historic Preservation- Acquisition and Development from the U.S. Department of the Interior 5) Grants -In -Aid for Historic Preservation- Surveys and Planning from the Department of the Interior 6) Historic American Buildings Survey 7) Historic American Engineering Record 8) Research and Development Grants from U.S. Department of HUD 9) Grants under the Land and Water Conservation Fund 10) Planning Grants for Economic Development from the Economic Development Administration 11) Grants and Loans for Public Works and Development Facilities from the Economic Development Administration 12) Economic Adjustment from the Defense Department 13) Environmental Education Grants from HEW 14) National Environmental Education Landmarks Program administered by HUD 15) 'National Register of Historic Places Program 16) National Survey of Historic Sites and Buildings/National Historic Landmarks Program 6 -6 17) National Landmarks Program 18) Advisory Council on Historic Preservation 19) Historical Studies Program 20) Public Education and Awareness Program sponsored by the National Foundation on the Arts and the Humanities 21) Coummunity Education Grants sponsored by the National Foundation on the Arts and Humanities 22) Museum and Historic Personnel Training Program . 23) Business Loans /Economic Opportunity Loans by the Small Business Administration 24) Local Development Company Loans by the Small Business Administration 6 -7 Public and Private Action Programs Various programs can be prepared which would encourage historical and /or cultural preservation efforts that-would promote the implementation of the Preservation Plan. The development of publicity, educational and informational programs will be important to the successful implementation _ of the Preservation Plan. These types of action programs require limited funding but a major committment of personal time and participation. Publicity Program: Publicizing the Preservation Plan and the Fork of the Landmark Commission vjill widen the base of support . for historical preservation. The reports, and plans, of many of many, organizations fail to reach the public because the various ways to publicize their work are not studied, or are not followed up. Plans and programs for the historic and /or cultural preservation of buildings, structures, sites, districts and lands are dependent on general public concern for their final success and a good publicily program is important. The Landmark Commission proposes to create a publicity committee that will be responsible for analyzing and listing the opportunities available for publicity. They will be res- ponsible for developing a set pattern for the dissemination of information to the various media, related organizations, the public schools, the Chamber of Commerce, and other public and private agencies and groups. The publicity committee will also be charged with developing and /or promoting special promotional events that would relate to historic preservation. Street festivals, specialized club events, and contests are only a few of the activities that can be programmed. A planned education program would generate public support for historic preservation. The acquisition and restoration of an early historical building as a museum house and /or society headquarters can meet an important educational function. The Landmark Commission will forma committee to give technical advice on problems of restoration, decoration, furnishing, landscaping, etc. Each member of the committee shall be made responsible for developing a body of accurate information on a particular aspect of restoration. Another function of the committee will be to develop a list of experts who can be consulted, reliable workman who are equipped to work on old houses, and places when authentic materials can be purchased. The Landmark Commission is actively engaged in a program to develop additional information about historic and /or cultural preservation. The information which is collected will be incorporated into the Preservation Plan. Additional information will be provided on the history of Corpus Christi and on the architectural styles characteristic of the various period of local development. The Preservation Plan is more than a plan, it is manual for education and information. The Landmark Commission is currently involved in a program of preparing general land use plans.•These plans must be prepared before a request can-be made for historical - cultural zoning designations. This is the most important public action program which can presently be undertaken. Only after achieving the historical- cultural zoning designations will some degree of protection be offered to the historic buildings and structures which are located in Corpus Christi. 6- 9 i r 4 , The National Trust has sponsored conferences for landmark commission representatives. The Trust is currently developing a service program aimed at providing assistance to local landmark commissions. This program will provide education and technical assistance to meet the specialized needs of landmark commissioners. The Landmark Commission will formulate and recommend specific programs for private and public action, which will state the role of various private and City agencies, at such time as individual consideration is given to requests for landmark designation. 1 6 -10 APPENDIX A AMENDMENT TO ZONING ORDINANCE ORDINANCE NO. 12315 PASSED OCTOBER 16, 1974 Add a new article as follows: ARTICLE 28A. "HC" HISTORICAL - CULTURAL LANDMARK PRESERVATION Section 28A -1 Historical - Cultural Landmark - Defined. As used in this article, the term "Historical - Cultural Landmark" shall mean any building, structure, site, district, place, area or tract of land of architecutural, historical, archaeological or cultural importance or value, which the City Council designates and determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general welfare of the people. "Commission Director", "Director", "Coordinator of Community Enrichment ", "Director of Community Enrichment" and "Director of Cultural and Leisure Time Activities" are all. synonymous, and includes duly authorized Director's staff representative. Section 28A -2 Declaration of Policy. The City Council hereby finds and declares as a matter of public policy that the.protection, enhancement, preservation and use of historical or cultural landmarks is a public necessity and is required in the interest of the culture, prosperity, education and general welfare of the people. The purposes of this policy are: (A) To protect, _ enhance and perpetuate historical and cultural landmarks which represent or reflect distinctive and important elements of the City's or State's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places. (B) To safeguard the City's historic and cultural heritage, as embodied and reflected in such historic landmarks by appro- priate regulations. (C) To stabilize and improve property values in such locations. (D) To foster civic pride in the beauty and accomplishments of the past. (E) To-protect and enhance the City's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. A -1 (F) To strengthen the economy of the City. (G) To promote the use of historical and cultural landmarks for the culture, prosperity, education and general welfare of the people of the City and visitors to the City. Nothing in this ordinance shall in and of itself obligate the City for any outlay whatsoever. Section 28A -3 Historical and Cultural Landmarks - Designation The City Council may designate buildings, structures, sites, districts, areas and lands in the City as historical and /or cultural landmarks and define, amend and delineate the boundaries thereof. The suffix "HC" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and lands- which the City Council designates as historical - cultural landmarks. Such designation shall be in addition to any other use designation established in the Compre- hensive Zoning Ordinance. The Zoning Map shall reflect the designation of a historical - cultural landmark by the letters "HC" as a suffix to any other use designation established in the Comprehensive Zoning Ordinance. Section 28A -4 Same - Criteria to be Used in Designations. In making such designa- tions as set forth in the foregoing section, the City Council shall consider, but shall not be limited to, one or more of the following criteria: (A) Prior recognition as a Registered Texas Landmark, a National Historic Landmark or as an entry in the National Register of Historic Places. (B) Embodiment of distinguishing characteristics of an architectural type of specimen, or of the social, economic or political heritage of the City, whether residential, commercial, or institutional, as commonly understood. (C) Identification as the work of an architect or master builder-whose individual work has influenced the development of the City. (D) -Embodiment of elements of architectural design, detail, materials or craftmanship which represent a significant architectural innovation or an outstanding example -of a particular historical, architectural or other cultural style or period. (E) Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on a common architectural, historic or cultural motif. A -2 (F) Archaeological value in that it has produced or can be expected to produce artifacts affecting historic or prehistoric study. (G) Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, County, State or the United States. (H) Location as the site of a significant historic event. (I) Identification with a person or persons who significantly contributed to the culture and development of the City, County, State or the United States. (J) A structure or natural feature or element that because of its location has become of historic - cultural value to a neighborhood, community, area or the City. Section 28A -5 Landmark Commission - Created. (A) In order to assure ongoing, capable and interested attention to imple- menting the policy of this Council, there is hereby created a commis - sion to be known as the "Landmark Commission of the City of Corpus Christi ", hereinafter called the "Landmark Commission", composed of fifteen (15) members appointed by the City Council. The membership of the Landmark Commission shall include, if possible, at least one representative from each of the following competences: (1) A professional historian (2) A non - professional historian (3) A practicing appraiser of real property (4) A practicing architect and eleven (11) other persons. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic br political history of Corpus Christi. No one occupational or professional interest shall constitute a majority membership of the Commission. A -3 The members of the Landmark Commission shall be nominated by the individual members of the City Council and appointed by a majority vote of the Council members qualified and serving. Inso- far as possible the numerical composition of the Commission shall correspond to the ethnic distribution, according to the last Federal census, of the population of the City and due regard shall be given to balancing of economic levels and the sexes. (B) Members shall serve for a term of two years, except that the initial members shall draw lots for terms, seven (7) to 'serve a one -year term, and eight (8) to serve a two -year term. Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term. (C) In addition to the fifteen (15) members appointed by the City Council the Director of Community Enrichment shall serve as a non - voting ex- officio member and provide staff services' to the Commission. (D) The Landmark* Commission shall meet at:least• once -.a month- until the completion of the initial Preservation Plan, with additional meetings on the call of the Commission Chairman or upon petition and notice by a simple majority of Commission members, qualified and serving, and as otherwise required by this Article. Nine (9) voting members present. shall constitute a quorum, and questions shall be decided by an affirmative vote of not less than five (5) members of the quorum; whenever more than nine (9) voting members are present questions shall be decided by a majority vote of the members present. The Commission shall adopt appropriate rules and regulations and prescribe documentary forms for the conduct of its business. Notices of Commission meetings are governed by Article 6252 -17, V. T. S. (Open Meetings Law) but the Commission may additionally advertise its meetings and agendas as its funds permit and as its wisdom determines. Provided, however, that all Commission public hearings on applications for exterior changes (Section 28A-9) and on demolitions and on removals (Section 28A-'10) shall -be-noficed and adver- tized once by publication in the official newspaper of a summary of the subject-application, prepared and placed by the Director, and stating time, date and place of public hearing thereon, at least seven (7) days prior to the date on which such hearing is scheduled. Further A -a notice, of the same tenor and effect, shall be deposited in the U. S. Mail by the Director at least three (3) days prior to the date on which such hearing is scheduled to every owner of record of "HC" District premises situated, if any, within two hundred (200) feet of the boundaries of such "HC" District for which appli- cation is thus pending for exterior change or demolition or removal. If a quorum is not present at the scheduled hearing the member present, or any two members, if more than one be present; may reset the hearing to a date not more than ten (10) days later, in which case the reset hearing shall be noticed and published as herein prescribed. The Commission chairman shall be designated by the City Council. A vice - chairman and such other officers as Commission rules and regulations may prescribe shall be elected by the Commission mem- bers. The minutes of each meeting shall be filed in the offices of the City Secretary and distributed as the Council may direct. Section 28A -6 Same - Function. (A) The Landmark: Commission• shalLtlioroug -hly.familiarize;its&U -with buildings, structures, sites, districts, areas and lands within the City which may be eligible for designation as landmarks hereunder and shall prepare a Landmark Preservation Plan hereinafter referred to as the "Preservation Plan ", which shall: (1) Identify and catalog buildings, structures,•sites, districts, areas, lands and other objects of special architectural, historical, archaeological or cultural value, along with statements of fact which verify their significance. (2) Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, landsandother objects should be designated as landmarks pursuant to Section 28A -4 hereof. (3) Establish guidelines to be used in determination of whether to grant or deny Certificates of Appropriateness and Certi- ficates of Demoliton or Removal pursuant to Sections 28AA -9 and 28A -10, •xespectively,�.her "eof. (4) Formulate a program for private and public action which - will state the role of various private and City agencies in preservation of landmarks. A -5 (5) Suggest sources of funds for preservation and restora- tion activities and acquisitions, to include federal sources, state sources, private and foundation sources. (6) Recommend to the proper agencies and property owners incentives and use plans designed to encourage historical and cultural preservation and to promote the economy through such preservation and uses. (B) The Preservation Plan shall be presented to the City Planning Commission and to the City Council for inclusion in the City Master Plan. At least annually the Landmark Commission shall review the Preservation Plan and-the state of preservation of designated histor- ical and cultural landmarks, insert in the Landmark Commission minutes a report of such review, and take appropriate action on any amendments to the plan deemed necessary. , (C) (1) The Landmark Comrriission shall recommend to the City Planning Commission ordinances designating certain buildings, structures, sites, districts, areas and lands • in the City as landmarks and regulating the erection and change of signs and other improvements on the lot or lots containing a landmark, including but not limited to the removal of mature trees and planting -of trees. . (2) Upon a finding of necessity and emergency by the City Council it may designate a landmark as provided by Sections 28A -7 and 28A -8 of this article prior to com- pletion of the Preservation Plan and prior to its formal insertion in the Plan. (D) If the Landmark Commission finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the Landmark Commission shall recommend to the City Planning Commission that the fee or a lesser interest in the property in ques- tion be acquired by gift, devise, purchase, eminent domain or otherwise, pursuant to the City Charter and State and Federal law. (E) The Commission shall comment to the Board of Adjustment on all applications for variances and special exceptions within an "HC" District and may, with concurrence of the City Council, appeal any Board of Adjustment decision to a State District Court. The Office of Planning and Urban Development shall promptly furnish the Land- mark Commission a'copy of every zoning application received by it involving a designated "HC" District and the Commission may com- ment on such application to the Planning Commission and City Council. A -6 (F) The designation of a landmark may be amended or removed using the same procedure provided in this article for the original designa- tion; whenever a designated landmark has been, in whole or in part, demolished or removed the Landmark Commission shall promptly notify the Planning Commission with a recommendation as to whether the existing "HC" designation should be retained or repealed. If repealer is recommended the Planning Commission shall conduct a public hearing pursuant to Article 1011f, V. T. S. , and proceed as therein prescribed and by City ordinances. (G) The Landmark Commission shall provide information and counselling to owners of designated landmarks;'it shall comment on capital im- provement programs affecting designated landmarks. Section 28A -7 Action by the City Planning Commission. (A) The City Planning Commission shall hold public hearings as provided for zoning hearings in Article 101 If, Vernon's Annotated Texas Statutes, to.consider any historical - cultural landmark designation ordinance after receiving a recommendation thereon from the Land- . mark Commission. (B) Within ten (10) days after the hearing the City Planning Commission shall set forth in writing its recommendation, including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposed ordinance to the City Council along with the recommendation of the Landmark Commission, provided that in the event the recommendation of the Planning Com- mission differs from the recommendation of the Landmark.Commis- sion, the Planning Commission shall within ten (10) days after the ' hearing first transmit its recommendation, including its findings of fact, to the Landmark Commission and then, within fifteen (15) days of the said public hearing the Planning Commission and the Landmark Commission shall each transmit their recommendation, including the findings of facts that constitute the basis for their respective decisions„ to the City Council. Section 28A -8 Recording of Designation. Upon final passage of a landmark designa. tion ordinance, the City Secretary shall file a copy of the ordinance with City and Nueces County tax assessors together with a notice briefly stating the fact of the designation and shall send a copy of such notice to the owner or owners of the affected property by certified mail. A -7 Section 28A -9 Exterior: Alternations and Changes - Certificate of Apnropriateness - Written Disapproval; Ordinary Repair or Maintenance. No person or entity other than a State, County or Federal government fee simple owner, shall construct, reconstruct, alter, change, restore, re- move or demolish any exterior architectural feature of a designated land- mark in the City unless application be made to the Landmark Commission for a Certificate of Appropriateness and such a Certificate be granted. As used in this article, the term "exterior architectural feature" shall include but not be limited to architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way or public property, including kind, primary color, and basic texture of the building material of such portion and type of all windows, doors, lights, signs and other exterior fixtures pertaining to such portion. The erection and change of any signs or other improvements on the lot or lots containing a landmark, . including but not limited to the removal and planting of trees, shall also be subject to "HC" District's rules and regu- lations established by City Couilcil and to the procedures and rules pre- scribed by Sections 28A -9 and 28A -10 hereof. The Commission shall endeavor at all times to maintain unimpaired the public view of such landmarks. (A) Procedure for Exterior Changes. (1) When applying for a certificate for work affecting the exterior of a designated landmark, building or structure, or the trees or improvements, the applicant shall sub- mit two (2) copies of all detailed plans, elevations, per- spectives, specifications and other documents pertaining to the work to the City Building Official, who shall for- ward such application to the Director of Community Enrichment within five (5) days of receipt thereof. Any applicant may appear at a regular or special meeting of the Landmark Commission before submitting an applica- tion and may also consult with said Commission during the review of the permit application. (2) Upon review of the application in open meeting the Land- mark Commission shall determine whether the proposed work will or will not adversely affect any significant architectural or historical feature of the designated land- mark. The Building Official shall inform the Commission A -8 whether the application meets the requirements of the City Building Code, Electrical Code, Plumbing Code, Fire Prevention Code and other technical construction requirements and what changes, if any, are necessary for compliance. The Commission shall forward through its Director a Certificate of Appropriateness or its written determination of disapproval and the reasons therefor to the Building Official within thirty (30) days after.date of said application and the Director shall so advise the applicant within five (5) days after issuance of the Certificate or the written disapproval determina- tion, as the case.may be, by dating from deposit in the U. S. Mail. (3) If no action has been taken by the Landmark Commission within'sixty (60) days of original receipt of the application by the Landmark Commission, a Certificate of Appropri- ateness shall be deemed issued by the Landmark Commis- sion, and the Director shall so advise the Building Official and'the applicant. (4) No change shall be made in the application for any building permit after issuance of a Certificate of Appropriateness without resubmittal to the Landmark Commission and ap- proval thereof in the same manner as provided above for processing the original application. (B) '_Ordinary Repair or Maintenance. Ordinary repair or maintenance . which does not involve changes in architectural and historical style or value, general design, structural arrangement, type of building material, primary color or basic texture are exempt from the pro- visions of this ordinance. Examples of such repairs are: repainting restoration of damaged windows in same style and dimension, re- placement of rotted or broken exterior material of the same style and dimension. Section 28A -10 Landmarks - Demolition or Removal. No person shall demolish or remove a designated landmark unless application be made to the Land- mark Commission for a Certificate of Demolition or a Certificate of Re- moval and such certificate be granted. A -9 (A) The Building Official shall immediately forward the said appli- cation, if complete and initially filed with him, to the Landmark Commission. The Landmark Commission shall hold a duly noticed public hearing, as prescribed in Section 28A -5 (D) hereof, on the application within ten (10) days after the application is filed with the Director of Community Enrichment. The Commission shall consider the state of repair of'the land- mark, the "cost of restoration or repair to achieve a fair return on the property, the existing and potential usefulness, including economic usefulness of the landmark, the owners' costs of main- taining and using it, the purposes of preserving the structure as a landmark, the character, zoning and type of adjacent uses, the amount and character of income earned on the landmark by its owner(s), and the same factors, as applicable, in the proposed new location, if removal (relocation) is requested. The Commis- sion must finally vote to grant or disapprove the subject certificate application within sixty-(60) days of the date of receipt of the said application by the Building Official. The Commission Director must deposit in the U. S. Mail written notice to the applicant of the Commission's action within not more than five (5) days after the date of said final Commission vote, and notify the Building Official of the action during said five -day period. The period dates from said deposit. - The Commission shall recommend the disapproval of the application if it determines that in the interest of preserving historical or cultural values the building or structure should not be demolished or removed, as the case may be, and in the event the Commission recommends disapproval, it shall suspend the application for a period not exceeding ninety (90) days from the date of filing of the application. Within the suspension period, the Commission may ask the City Council to extend the suspension period for good cause. If the City Council determines at a hearing which must' be conducted prior to the expiration of the suspension period set by the Commission and after not less than five (5) days' written notice to the applicant, dating from deposit in U. S. Mail by the City Secretary, that there is specified, reasonable ground for preservation, then the Council may extend the suspension period for an additional period not to exceed one hundred eighty (180) days from the date of filing with the Community Enrichment Director of the application for demolition or removal. A -10 (B) During the aggregate, total period of suspension of the application no permit shall be issued for demolition or removal nor shall any person demolish or remove the building or structure. (C) If at the end of the aggregate, total suspension period the applicant, or his successors, assigns or legal representatives, for the demo- lition or removal permit still owns the building, structure or pre- mises, as the case may be, and the applicant, or such successors, assigns or legal representatives desire to proceed with demolition or removal, the Building Official shall issue the necessary demo- lition or removal permit, conditioned on meeting applicable City Building Codes, at such then applicant's request. If the whole, or a part, of the subject "HC" property (landmark),' however- ,:.be;then legally• protect6 d- S- rdrhi demolition- or, remodal; whether.by_cbntract bet*;a6n-the' owner, his: sxiccesso.rs;rassigns,a or- Legal :representa tives• and another or others, by purchase, eminent domain, lease, facade or other easement, or otherwise, then no demolition or removal permit shall be- issued,' as`to the whole, or the part, as the case may be. In the event only a part of the subject "HC" property be thus legally protected then demolition or removal permit as to all unprotected part(s) shall be issued, conditioned on meeting applicable City Building Codes. (D) If the Landmark Commission finds that the application for demoli- tion or removal should be granted, or does not take action on the completed application within sixty (60) days of the original receipt thereof by the Director, or fails to institute or obtain a suspension period within sixty (60) days after date of such original receipt, then the Building Official shall issue the permit if requested by applicant, consistent with (C) above. No decision of the Commission relative to such application shall be deemed a final decision during its initial ninety -day suspension period. Section 28A -11 Appeals. (A) Any applicant or fee owner or mortgagee of the subject property or interested person aggrieved by a final decision of the Landmark Commission under the provisions of this article may appeal to the City Council in .accordance with Article V, Section 15, City Charter except as otherwise provided by law. 'The City Council shall finally dispose of such appeal(s) within twenty (20) days after hearing thereon and hearing will be held within fourteen (14) days after A -11 filing of the appeal, excluding Saturdays, Sundays, legal holidays, or days declared in a public calamity. Statutory notice of the hearing to be held during any Council meeting shall be sufficient notice'for all purposes, except that the applicant shall be furnished seven (7) days' written notice of such hearing by the City Secretary (B) Nothing in these provisions shall prevent the City from condemning the subject property or taking other action afforded by law relative thereto, 'including but not limited to injunctive relief or criminal prosecution. Section 28A -12 Omission of Necessary=Repairs. (A) The exterior of a designated landmark shall be maintained to insure the structural soundness of such landmark. (B) If the Landmark Commission finds that there are reasonable grounds to believe that a designated landmark is structurally unsound or in imminent danger of becoming structurally unsound, the Commission shall notify in writing the owner of record of the designated historic landmark of such fact. (C) Upon the giving of ten (10) days' written notice to the owner of record of such designated landmark, dating from deposit of such in U. S. Mail by the Director, a public hearing shall be held by the Commission to determine if the designated landmark is struc- turally unsound or in imminent dange of becoming structurally unsound.- (D) At the conclusion of the hearing, if the Commission finds that the designated building is structurally unsound or in danger of becom- ing structurally unsound, it shall send written notice of the finding to the record owner. (E) If, after sending of notice, the Commission determines that reasonably necessary repairs have not been made within a r•,_�.: ;_' reasonable time under the circumstances the Commission shall promptly notify the Council of its finding and recommend a course of action to correct the deficiencies of repair. Section 28A -13 Landmark Designation to Coexist with Other Use Classifications. Use classifications as to all property which may be included in a land- mark designation shall continue to be governed by the Comprehensive Zoning Ordinance of the City and the procedures therein established. A -12 • Section 28A -14 Penalty. (A) It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, relocate or maintain any building, structure, matured trees or land in a landmark designa- tion in violation of the provisions of this article and the City, in addition to other remedies, may institute any permissible action or proceedings to prevent such unlawful construction, alteration, remodel- ing, renovation, restoration, demolition, razing or maintenance, to restrain, correct, or abate such violation, or to prevent any illegal act, business or maintenance in and about such premises. (B) Any person, firm or corp6ration violating any provision of this article shall be guilty of a misdemeanor and shall be deemed guilty of a separate offense for each day or portion thereof during which any violation hereof is committed, continues, or is permitted, and upon conviction of any such violation shall be punishable by a fine not to exceed two hundred dollars ($200. 00) and not less than seventy -five dollars ($75. 00). Section 28A -15 Notice. Any notice required to be given under this Article 28A shall be deemed given, unless otherwise expressly provided, when deposited in the United States Mail addressed to the addressee at his last known mailing address, with postage prepaid. Section 28A -16 Work in Progress. Owners having in-,progress substantial work and incomplete under a City permit at the time of a landmark designation thereof may complete such work. A -13 APPENDDC B CERTIFICATE OF DEMOLITION OR REMOVAL CITY OF CORPUS CHRISTI LANDMARK COMMISSION APPLICANT AND PROPERTY OWNER: REQUEST: Demolish Remove Reasons for request to demolish, remove, or relocate: PROPOSED USE: PRESENT ZONING: LOCATION: Attached two copies of: detailed plans elevations perspectives specifications Application review date_ Certificate of Demolition or Removal Letter of Disapproval B -1 CERTIFICATE OF APPROPRIATENESS CITY OF CORPUS CHRISTI LANDMARK COMMISSION APPLICANT AND PROPERTY OWNER: REQUEST: Reconstruct Alter Change Restore Reasons for request to change: PROPOSED USE: PRESENT ZONING: LOCATION: Attach two copies of: detailed plans elevations perspectives specificiations Application review date Certificate of Appropriateness Letter of Disapproval 6 -2 APPENDIX C TO: LANDMARK COMMISSION 302 SOUTH SHORELINE P. 0. BOX 9277 CORPUS CHRISTI, TEXAS 78408 The City Council has charged the Landmark Commission to "thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the city which may be eligible for designation as landmarks hereunder and shall prepare a Landmark Preservation Plan..." (Ordinance No. 12315, October 16, 1974) In an effoht to assist the Landmark Commission in its work, I suggest that consideration be given to including the following landmark in the ten- tative list of landmarks to be investigated for inclusion in the Landmark Preservation Plan. Signature: Date: Landmark: (include photo) Popularly known as: Present location: (Lot, Block;-Subdivision) Former location: Present Use: Former Use: Present Owner: Address: Original Owner: Builder /Architect: Present Occupant: Reasons for Su estin Preservation: Give as many details as possible concern- ing historic, socia , cultura or architectural value, and the history of the landmark. Why is it significant in the history of Corpus Christi, Nueces County, Texas, or the Nation? If more space is needed, write on back of this form) C -1 E1 concilio de la cuidad le ha pedido a la Comision Landmark qua "se entere de edificios, estructuras, sitios, distritios, areas, y tierras dentro de la cuidad que puedan ser designados como marcas historicas y culturales y que preparen un Plan de Preservacioa Landmark .......11 (ley, nu'mero 12315, 16 de Octubre de 1974).' Para asistir a la Comisio'n Landmark en su trabajo, yo sugiero que se de consideracidn a las,.siguientes marcas historicas y culturales que seran investigadas Para inclusion en el Plan de Preservacion Landmark. Firma: . Fechh--: Marca Historica y Cultural: '(incluye foto) Conocida Como: Localidad: (Lote, Cuadra, Subdivision) Localidad Anterior: Uso: Uso Anterior: Dueno: Direccion: Dueno original: Arquitecto: Ocupante: Razones para Sugerir Preservacion: De Ud. los detalles segue el valor historicao, social, cultural, o arquitectural, y la historia de la marca. I Por que es significante en la historia de Corpus Christi, condado de Nueces, Texas, o la nacio'n? C -2 r CORPUS CHRISTI LANDMARK COMMISSION HISTORICAL SURVEY Site No. Block Lot Zoning Street Address Quad C. Tract Resource Type Known As Date & Soulce Original Use Present Use Former Location St le: HISTORICAL VALUE: PHYSICAL CONDITION: Great Good Fair Poor Bad NO. STORIES: CONSTRUCTION: Frame .Stone Brick Stucco Bsmt. 1 2 3 4 WINDOW TYPE PORCHES: N S E tJ ROOF: Bu. Sh. Other SIGNIFICANT FEATURES: SIGNIFICANT ARCHITECTURAL DETAIL: RELATIONSHIP TO SURROUNDINGS: DESCRIPTION: C -3 • USE PLAN PROPOSAL TO: LANDMARK COMMISSION 302 SOUTH SHORELINE P. 0. BOX 9277 - CORPUS CHRISTI, TEXAS 78408 FROM I (We) understand that the property (Block , Lot(s) in Section of the City has been given Historical - Cultural (H -C) zoning on Month Day Year We further understand that the Landmark Commission is charged with the responsibility of recommending a use plan for the above described property. We have written the use proposal in compliance with the guidelines fur- nished by the Landmark Commission, and would appreciate the opportunity to appear before the Landmark Commission to further explain the proposal, at a time designated by the Commission for such hearing. Signed: Name of Organization Address of Organization Signature of Individual Position Date submitted C -4 APPENDIX k, �' , ^1/ ORGANIZATION INTRA- GOVERNMENTAL PLANS - DUTIES AND PLAN LANDMARK COrNaSSION 15 MEMBERS APP^t'D BY COUNCIL CHAIRMAN APPT'D'BY COUNCIL OTHER OFFICERS ELECTED BY COMMISSION MEMBERSHIP OF COMMISSION: CITY COUNCIL DIRECTOR COMMUNITY ENRICHMENT OTHER CITY STAFF AS NEEDED 1. A PROFESSIONAL HISTORIAN 2.' A NON - PROFESSIONAL HISTORIAN 3. A PRACTICING APPRAISER OF REAL PROPERTY 4_ A PRACTICING ARCHITECT ELEVEN OTHER PERSONS I CITY PLANNING COMMISSION f .AUTHORITY FOR CITY TO PASS THIS ORDINANCE: VERNON'S TEXAS STATUTES ARTICLE 1011a NEED: CITY, STATE, NATION IS IMPOVERISHED BY THE CONTINUED DESTRUCTION OF LANDMARKS. -2. PROPERLY RESTORED LANDMARKS HAVE SIGNIFICANT, IRREPLACEABLE EDUCATIONAL VALUE. 3. PROVEN WORTHWHILE CONTRIBUTORS TO THE LOCAL ECONOMY THROUGH TOURIST ATTRACTIONS (EX- OFFICIO MEMBER - DIRECTOR OF COMMUNITY ENRICHMENT) LANDMARK COM_ISSION MEETS MONTHLY UNTIL PRESERVATION PLAN IS COMPLETED, AND ON CALL OF CHAIRMAN, OR BY PETITION OF SIMPLE MAJORITY OF MEMBERS. LANDMARK COMMISSION FOLLOWS OPEN MEETINGS LAW AS TO NOTICES (VTS, ART. 6252 -17) D -1 PROCEDURES A. AFTER ADOPTION OF PRESERVATION PLAN B. AFTER VERIFICATION, ORDINANCE IS DRAWN DESIGNATIONyORDINANCE OFFICE OF PLANNING URBAN DEVELOPMENT - DOCKETED PLArINIh�G COMMISSION - HEARING ADVERTISED HEARING HELD p C RECOMMENDATION CITY COUNCIL OCKETED EARING �}DVERTISED PEARING t ELD ASSING OF ORDINANCE EXTERIOR CHANGES — CERTIFICATE OF APPROPRIATENESS OWNER A,P�PLIES FOR BUILDING PERMIT CITY BUILDING OFFICIAL L. C. — NOTIFIED al /I S DAYS DOCKETED HEARING ADVERTISED HEARING HELD RECOMMENDATION CITY B. �. OWNER IF NO ACT ON By L.C. W/I GO DAYS B. 0. WILL ISSUE BUILDING RRMIT. ' D -2 ry. DEMOLITION) - RELOCATION 01VIER�APPLIES CITY, 0, LANDh v 1PRK COMMISSION HEARIf'lG ACTIO`J - DISAPPROVAL SUSPENSION OF APPLICATION Imo, C. MAY REQUEST EXTENSION OF SUSPENSION CITY - COUNCIL HEARING DECISION — ORDER ADDITIONAL SUSPENSION - AT END OF SUSPENSION PERIOD, IF OWNER-MAY PROCEED OWNER HAS RIGHT OF APPEAL CITY CANNOT PROHIBIT DEMOLITION - RELOCATION AFTER THIS PROCEDURE EXHAUSTED OMMISSION OF REPAIRS L. C.�TO MONITOR NEED NOTIFY OWNER IN WRITING L, C. HEARING CITY COUNCIL INITIATES ACTION CONVICTION: FINE - MAX. 200.00 - MIN. 75,00 D -3 y c THAT THE FOREGOING ORDINANC WAS READ F THE FIR PT TIME_gND PASSED TO ITS SECOND READING ON THIS THE �� DAY OF BY THE FOLLOWING VOTE: JASON LVBY DR. BILL TIPTON EDUARDO DE ASES / RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE #WAREAD THAT THE FOREGOING TO ITS THIRD READING ON THIS ORDINANC FO THE SECOND THE _DAY OF TIME A�Ny PASSED , 19D BY THE FOLLOWING VOTE: JASON LUBY // / JJ40 DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FO NG ORDI FINALLY ON THIS THE DAY O JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, TH ATTEST: w 406 -CITV SECRETA Y APP D: DAY OF 191: TY ATTORNEY 9E OIRD TIME AND PASSED 19% BY THE FOLLOWING VOTE: IN THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI PR ESERVATI0N� PLAN i- Pe--7E LANDMARK COMMISSION " Dr- Richard Marcum Carlyle Leonard Ruben Bonilla- PRESERVATION PLAN Mrs. Herminia B. Chavana FOR Richard Clower CITY OF CORPUS CHRISTI Gerald D'Unger Prepared By LANDMARK COMMISSION OF THE CITY OF CORPUS CHRISTI CITY COUNCIL PLANNING COMMISSION Jason Luby, Mayor .Charles Cartwright, Chairman Bill Tipton, Mayor Pro Tem Jim Atwill,-Vice Chairman Eduardo de Ases Nancy -Bowen Ruth Gill Ben Donnell. Bob Gulley Romeo Garcia Gabe Lozano, Sr. Rosa Gonzales -Edward Sample Doyle Little Noe -Mendez Robert Smith LANDMARK COMMISSION " Dr- Richard Marcum Carlyle Leonard Ruben Bonilla- Mrs. Ella Wall Pritchard - Mrs. Herminia B. Chavana Mrs. Laura Rodriguez Richard Clower Mrs. Barbara Silverman Gerald D'Unger C. B. Weil _ Mrs. Anita Eisenhauer *Mel Lemos ' Mrs. Kathryn Galvan *Miss Margaret Ramage _.Mrs '..Rosa Lozano Garza - *James G. Rome -Lee John Govatos " *Mrs. Gilbert Vetters - - -- Dan Kilgore *Farmer Commission Members The preparation of this Preservation Plan was financed in part by a Comprehensive Planning Assistance Grant from the Department of Housing and Urban Development. TABLE OF CONTENTS CHAPTER I. INTRODUCTION . . . . . . . . ... . . . . . . . . II. LANDMARK COMMISSION . . . . . . . . . . . . . . . Introduction . . . . . . . . . . . . . . . . . Corpus Christi Landmark Commission . . . . . . III. _ LANDMARK PRESERVATION CRITERIA . . . . . . . . . Historical Preservation Criteria . . . . . . . Architectural Style . . . . . . . . . . . . . . Criteria for Judging Historical and Architectural Significance. . . . . . . . . . IV. IDENTIFICATION AND INVENTORY . . . . . . . . . . V. GENERAL USE PLANS . . . . . . . . . . . . . . . . VI. IMPLEMENTATION . . . . . . . . . . . . . . . . . Ordinances . . . . . . . . . . . . . . . Source of Funds for Preservation . . . . . . . Public and Private Action Programs . . . . . . PAGE • r 1 LANDMARK PRESERVATION PLAN CHAPTER I INTRODUCTION Throughout the history of urban America the nation's historic architecture has been subjected to a continuous process of deterioration and decay. Little value or importance has been placed on the preservation of our past heritage. Fortunately, in recent years there has been.a steady increase in the number of those believing that preservation of the past is an important and worthy goal. Cities and towns all around the country are taking positive action in an effort to preserve their heri- tage. This scope of action is impressive and ranges from encouraging people to use their landmarks to examining building codes so they do not discriminate against landmarks to writing legislation and enacting ordinances that will insure preservation of major buildings and even whole neighborhoods. 1 Both private and governmental agencies are becoming aware that historical and architectural preservation cannot be achieved in the absence of specific plans and programs: Historical and architectural sterility is our future legacy unless methods can be developed to provide for the preservation of those buildings and areas which are a valuable part of our cultural heritage. In our attempts to provide adequate housing, playgrounds, parking access, and commercial space, we are beginning to realize that criteria for deciding upon demolition or rehabilitation for these purposes must include cultural or aesthetic values as well as those now normally con- sidered. Legislative safeguards must be written into existing state laws and city zoning ordinances and build- ing codes, and both the residential and business community must be made aware of the cultural and economic benefit of the preservation of significant buildings and areas. 1 James Biddle, "Cities and Towns Act to Preserve Landmarks ", Nation's Cities, Volume 12, Number 5 (May 1974) p. 14 2 Robert L. Montague III, Planning For Preservation, (Chicago, Illinois: American Society of Planning Officials, 1564 ) p. 1 r Interest in the preservation of the historic and architectural assets has dramatically increased in recent years based on economic as well as aesthetic and cultural justifications. Concern and interest in historic and architectural preservation increases with each demolition. Unfortunately the number of sites and areas suitable for preservation has never been very large and will not increase. Once the site or area has been destroyed, there is no opportunity to replace it. Preservation offers many tangible and intangible benefits to communities. A major purpose of any historic preservation is to communicate the lessons of history, in order that the present and the future may learn from the past.3 Historic preservation efforts can also have the net result of upgrading the quality of the existing housing stock, increasing property values and promoting tourism. Almost every city, town, and hamlet in the United States boasts of some historic event, important personage or special structure. It is human nature to feel pride in one's home town. Chambers of Com- merce and other local groups are adept at emphasizing the historic importance of any unusual occurrence in order to attract tourists. The economic impact of tourism is an important factor to consider in developing support for historic preservation efforts. Many areas have already assessed the value of their historical architecture and found that it equals the impact of an industry as a benefit to the local economy. In St. Augustine, Florida, and Winston- Salem, North Carolina, tourism brings in more than $10 million yearly, while New Orleans sets the value of income 5 from its historic architecture at $150 million yearly. 3 College Hill: A Demonstration Study of Historic Area Renewal (Providence, Rhode Island: Providence City Plan Commission, 1967) p. 2 4 Ibid. 5 Robert L. Montague III,•Plannin For Preservation, (Chicago, Illinois: American Society of Planning Officials, 1964 ) p. 14 1 -2 I Closer to home, the City of San Antonio is a classic example of the influence which historic preservation programs can have in a short time on encouraging economic growth and development. San Antonio, Texas, is beginning to recognize that to destroy those _things that set it apart from other cities is to kill the goose that laid the golden e:,,", according to Mrs. Winfield S. Hamlin of the San Antonio Conservation Society. A $30 million bond issue for civic improvements approved by the city in 1964 includes $125,000 for a landscaped parkway to connect four restored Spanish missions and $300,000 to beautify and develop the banks of the meandering San Antonio River. A few years ago the city administration planned to cover the river and use it as a drainage ditch, but improvement of the river and the old structures along it proved to the city administration that the preservationists could translate their vision into an economic asset. They also discovered that culturally significant buildings are suitable for more than mere museum usage. 6 Time is of the essence in developing programs dealing with historic preser- vation. With increasing frequency cities are discovering the need for urgency in dealing with preservation. In New York City, the Municipal Art Society devoted six years to an architectural survey of the city. Some 300 buildings in five boroughs were designated as worthy of preservation as the finest examples of particular styles and periods from 1661 to 1930. By the time the survey was completed...... more than 20 percent of these buildings had already been destroyed. New York is not alone in this losing battle for historical preservation. The Historic America Buildings Survey, inaugurated in the 19.30s identified more than 10,000 buildings in the United States with significant historic importance. In 1963 it was estimated that between 30 and 50 percent of these significant historical and cultural buildings had already been destroyed.$ 6 Ibid. p. 17 7. Ibid. p. 1 8 Ibid. 1 -3 PUBLISHER'S AFFIDAVIT ;Y STATE OF TEXAS, ass: C t of N u eces 1 oun y Before me, the undersigned, a Notary Public, this day personally Kame ... ....... .... .. ...... ....... ..... r Rowena C. VeLasquez " , who being first duly sworn' according to law, says that he is the Acounc ting- •.- ••••- •- _- _- _- ••- •••- ••••••. ............................. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of AI ;E.- QE_IIRDINAN.CE..N.Q.. - -i 33�.... ADQEI�iDING-- T.I3E-- C_.G_..P$ESERV F of which the annexed is a true copy, was published in Ca[Ler -)mes •••••••• -•• on the ..[Z... of.._�September 19.76 --..---.-•-•--•----.---.-- �3tkaxsfine . ... ................. . .. . .. k................ 4..... .-- Times. , Y r .$ - - -- ..23.6.5 ` ?.......... owena C• Ve . @z Accountingj6 �! Subscribed and sworn to before'me this - .......3 ......... day of .............._bt. 01 ................... 19. °-a..- -_.. Eugenia S Cortez .......... .._ 5 oun ... ..... .. ..... < No ary EGblic, Nueces Cty, Texag NOTICE OF PASSAGd" f . ' � ORDINANCE NO�. 1��. • - _ • AMENDING THE PUS ' /CyRISTI PRESERVATION ' PLAN PRESENTED BY THE CITY PLANNING COMMIS" - t SION AND THE CITY LAND- 'MARK COMMISSION BY IN- SERTING TWO NEW PARAGRAPHS IN THE PRE- AMBLE OF CHAPTER IV, ` IDENTIFICATION AND IN- VENTORY, WITH RESPECT TO THE LIST OF LAND- MARK ` MARK SITES BEING FOR STUDY PURPOSES ONLY, AND REQUIRING THE s WRITTEN CONSENT OF EACH OWNER AND ADOPT- ING SAID PLAN, AS I AMENDED, STANTIALLY THE SAME FORM, MARKED EXHIBIT "A" AND MADE A PART HEREO; PROVIDING ' • - - a FOR PUBLICATION WAS PASSED AND APR- ROVED by the City Council of the City of Corpus Christi, { Texas during the Regular Coun- cil Meeting held on September 8, 1976, at 2:00 P.M. and prpy;d. ' es that It shall take effect frtm and after Its passage and pbb. i Ikatlon one time in the official pubilcation of the Clty of Corpus a Christl, Texas d - ISSUED MY HAND AND SEAL of the Cl ty of Corpus k y" Christi, Texas, this 9th day of September, 1976. ' (s)Bill G. Read City Secretary City of Corpus Christi, Texas