Sec. 33-603. - Process for designation of a conservation district.
(a) The department's analysis for a proposed conservation district shall include, at a minimum:
(1) A map indicating the boundaries of the proposed district, which must be contiguous;
(2) A description and photographs of properties in the proposed district;
(3) Reserved.
(4) A statement regarding the reason for creating the proposed district. A list of characteristics identified by those bringing forth the request to be applied to new construction or exterior alterations on existing structures. The director will prepare draft design guidelines appropriate for the proposed district from the list so identified, or as may otherwise be requested or determined appropriate:
a. Building height or number of stories;
b. Building size and massing, the general shape and form of the structure;
c. Lot size, coverage;
d. Front and side building setbacks;
e. Off-street parking;
f. Roof line and pitch;
g. Paving, hardscape covering;
h. General site planning, location of primary and ancillary structures;
i. Architectural style and detailing;
j. Building materials;
k. Alterations to the exterior of existing structures;
l. Garage entrance location;
m. Fences and walls; and
n. Building relocation and demolitions, subject to other provisions in this Code.
(5) Additional information to assist in the evaluation of the application, or as may be requested by the director.
(b) Upon completion of the above-described design guidelines and map of the proposed conservation district boundaries, the director will schedule and conduct at least one public meeting to review the analysis, proposed design guidelines and map boundaries with the community. The director will give notice of each public meeting as described in subsection (e) and complying with state law. As of the date notices are mailed, the director shall cause notice of pending designation to be placed in the city permitting system and on the City of Houston's public access GIS mapping site: https://mycity.houstontx.gov/houstonmapviewer/.
(c) The director may establish additional rules for the conduct of public meeting(s) and shall hold the public meeting(s) within or near the proposed conservation district, provided that an adequate location is available. At the public meeting(s), the director will present information on the proposed district map and boundaries, the draft design guidelines, and the process for approval.
(d) Draft design guidelines and a detailed map of the proposed conservation district will be displayed to the public as part of the public meetings for community input.
(e) Procedures for consideration of designation as a conservation district:
(1) No more than 60 days after the documents described in subsection (b) are in draft form, the director shall mail a notice to the property and homeowners within the proposed conservation district boundary area. as indicated on the most current appraisal district records, and in the case of properties owned with a land trust, to the owners of the improvements on land trust owned property. The director will also give notice by regular mail or email to all civic associations registered with the city whose boundaries include land in the proposed district. The notice shall contain, at a minimum:
a. The date, time, and location of the public meeting(s) described in subsection (c) of this section;
b. A map of the proposed conservation district boundaries; and
c. Any other information the director determines may be useful to the recipients of the notice.
(2) After closing the public meeting, the director shall send, by regular mail, a response form to the property- and home- owners within the proposed conservation district, as indicated on the most current appraisal district roles, and, in the case of properties owned with a land trust, to the owners of the improvements on land trust owned property. The response form, to be returned by the home or property owner, shall indicate whether they support or do not support the designation of the conservation district. The response form must be delivered to the department as directed on the response form. A minimum of 30 days will be allowed between the date of the notice and the deadline for return to the department.
(3) After the deadline for returning response forms has passed, the director will determine the percentage of owners in support of and owners in opposition to the designation of the proposed conservation district. The signature of one owner is required to indicate support of a property, even if the property is co-owned.
(4) Tracts of publicly owned land will be included in determining the percentage of owners in support or in opposition only if they have been designated as a landmark or protected landmark.
(f) If the director determines that 51% or more of the owners to whom notice was sent, within the proposed conservation district boundaries support the designation, the proposed conservation district may move forward for review and consideration as described below.
(g) If support for the proposed conservation district is below 51%, then the director may either:
(1) Consider modifying the boundaries of the proposed conservation district to a smaller area that meets the minimum support level and the general criteria in section 33-604. The design guidelines will be revised if necessary. The director will mail notice to the owners of all property, as described above, within the original boundaries of the proposed conservation district notifying them of the modified boundaries and the proposal to move forward with the modified boundary, and detailing whether their property is located within the modified boundary or has been removed. The director will hold at least one additional public meeting for further comment and consideration of the boundaries and design guidelines; or
(2) Determine that the proposed conservation district fails and that no further action will be taken. The director will mail notice to the owners of all property, as indicated on the most recent appraisal district records, within the proposed conservation district that the application has failed and that no further action will be taken.
(h) Following a determination that a proposed conservation district as originally drafted or as modified above, has at least 51% support to move forward, the director will prepare a final proposed map and final draft of design guidelines for the proposed conservation district and schedule one or more public hearings before the HAHC. Notice shall be given in accordance with Chapter 211, Texas Local Government Code.
(i) The HAHC will conduct at least one public hearing on each proposed district. Following the closing of the public hearing process, the HAHC may:
(1) Approve the proposed conservation district and design guidelines and forward the item to the mayor for council consideration;
(2) Approve after amending the boundaries or design guidelines in accordance with the provisions of this article, and forward the item to the mayor for council consideration;
(3) Defer the application and continue the public hearing to a later public hearing date; or
(4) Disapprove the application, after which no further action shall be taken.
(j) Once an item for a conservation district has been submitted to the mayor for consideration by council, council will schedule and conduct a public hearing and give notice in accordance with Chapter 211, Texas Local Government Code for each application recommended for designation as a conservation district. A district-specific ordinance for each proposed conservation district, containing the detailed design guidelines shall be made part of the HAHC recommendation and be submitted for consideration by council. Following the public hearing, council may:
(1) Approve the proposed conservation district;
(2) Approve after amending the boundaries or design guidelines in accordance with the provisions of this article;
(3) Defer the application and continue the public hearing to a later public hearing date; or
(4) Disapprove the application, after which no further action shall be taken.
(k) Action to approve a proposed conservation district by HAHC and council will be done in accordance with Chapter 211, Texas Local Government Code.
(Ord. No. 2023-232, § 2(Exh. A), 4-5-2023)
