CC Resolution No. 2425RESOLUTION NO. 2425
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CITY OF BAYTOWN DOWNTOWN FACADE
IMPROVEMENT PROGRAM GUIDELINES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby amends the
City of Baytown Downtown Facade Improvement Program Guidelines, which guidelines, as
amended, are attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the
City of Baytown this the 91h day of June, 2016.
ATT ST:
ETICIA BRYSCH, Ci lerk ...����
APPROVED AS TO FORM:
l
GNACIO RAMIREZ, SR ty Attorney
R:%Karen \.Filest,City Council, • Resolutions\2016Uune 9\FacadeProgramGuidelinesAmendments .doc
of the City Council of the
DONCARLOS,
Exhibit "A"
CITY OF BAYTOWN
DOWNTOWN FACADE IMPROVEMENT PROGRAM
GUIDELINES
1. GOALS AND STATEMENT OF PURPOSE:
The Baytown Downtown Facade Improvement Program (BDFIP) promotes economic
development and stimulates business in the City through public - private partnerships by
offering economic incentives for renovation, restoration and preservation of privately -
owned building exteriors within the Arts, Cultural and Entertainment (ACE) District.
Through facade improvements implementing the Design Guidelines, the goals of the
BDFIP are:
➢ to increase the economic vitality of the ACE District and enhance the properties
located within the ACE District
➢ to restore and preserve the character of the ACE District
2. DEFINITIONS.
Applicant shall mean all property owners of an Eligible Property or lessee of and Eligible
Property who provides proof of such status along with proof that all owners of the
Eligible Property have approved the fagade plans and the lessee's application for
participation in the BDFIP.
ACE District shall mean the property that is zoned to the Arts, Cultural and
Entertainment (ACE) zoning district as further described in Section 2.07(e) of the Unified
Land Development Code, which district is intended to foster the development of highly
compatible and mutually supportive land uses in the downtown area.
BDFIP shall mean the Baytown Downtown Facade Improvement Program
City shall mean the City of Baytown.
Coordinator shall mean the Director of Planning and Development Services or his/her
designee.
Cost of Construction shall mean the cost associated with the actual construction of the
Facade Improvements approved by the Task Force along with an amount not to exceed
ten percent (10 %) of such costs for corresponding professional engineers and registered
architects fees.
Design Guidelines shall mean the Baytown Downtown Area One Design Guidelines,
approved by the City Council of the City of Baytown via Resolution No. 1740 on
September 9, 2005, which are incorporated herein by this reference for all intents and
purposes.
Downtown Master Plan shall mean that plan adopted by the City Council via Ordinance
No. 9871 on September 9, 2004, which is incorporated herein by this reference for all
intents and purposes.
Eligible Buildings /Property shall mean those buildings which (i) are existing on June 9,
2016, (ii) are within the ACE District and (iii) contains a non - residential use as permitted
in Section 2.09 of the Unified Land Development Codea.
Facade shall mean the front or side of an eligible building facing a public street,
excluding alleys.
Facade Improvements shall include, but not be limited, to the following as the same
relates to a Front Facade or Side Facade:
a. exterior Facade treatment (i.e. cleaning, painting, installation of siding,
brick, stucco, EFIS, etc.) for the building;
b. repair, replacement or installation of exterior doors and door hardware,
windows and trim work located on the exterior;
C. repair, replacement or installation of awnings on the structure. Any
awning containing any temporary or permanent lettering or logo will be
considered a "sign" and will not be eligible for funding. Permanently
installed awnings that merely provide brackets or support for signs are
eligible;
d. exterior brick or tile repair or replacement;
e. exterior brick paving sidewalks or other walkway treatments adjacent to
the building not located within the City right -of -way;
f. structural improvements to Fagades; and
g. electrical or lighting improvements made to Fagades.
Front Facade shall mean a Facade with public access facing a public street within the
ACE District.
Side Facade shall mean a Facade facing a public street within the ACE District that does
not serve as the front fagade or as the rear of the eligible building.
Task Force shall mean representatives of the Planning and Development Services
Department and the Engineering Department designated by the City Manager, and a local
registered Architect appointed by the City Manager.
Page 2
PROGRAM ADMINISTRATION:
a. In General. The City shall administer the BDFIP and will execute documents
necessary for project initiation and completion consistent with Chapter 380 of the
Texas Local Government Code.
b. Coordinator. The coordinator will serve as the contact person for administrative
procedures and processes and program eligibility. The coordinator will have
direct responsibility for the daily administration of the BDFIP.
C. Task Force. The Task Force shall:
review and recommend revisions to these BDFIP Guidelines;
2. review applications, recommend for approval /disapproval, and prioritize
the proposed projects based upon the following:
a) Significance of the project and relative contribution to the
revitalization of the ACE District;
b) Job creation and the magnitude of the Applicant's matching
contributions;
C) Readiness to proceed;
d) Conformity with the City's codes and ordinances as well as the
Downtown Master Plan and Design Guidelines; and
e) Other factors which the Task Force considers relevant;
3. approve plans and specifications of the projects subject to these
guidelines; and
4. accept/reject projects based upon their conformity with the approved plans
and specifications.
d. City Council. The City Council shall hear and decide appeals from decisions of
the Task Force; provided such appeal is made in writing within ten (10) days of
the decision being appealed and is submitted to the City Clerk.
4. PROGRAM DESCRIPTION:
The City, through BDFIP funding, will provide fagade improvement assistance to
Applicants for Improvements to Facades of Eligible Buildings as approved by the Task
Force. Such Fagade improvement assistance will be in the form of a five -year forgivable
loan, which shall be paid on a reimbursement basis after completion of the project and
Page 3
acceptance of the same as being in conformity with the plans and specifications approved
by the Task Force and all applicable codes. The amount of the forgivable loan shall not
exceed the following:
1. 50% of the Cost of Construction up to a maximum loan amount of $20,000 per
Front Facade;
2. 50% of the Cost of Construction up to a maximum loan amount of $10,000 per
Side Facade; provided the Side Facade improvements are made in conjunction
with a front fagade project approved by the Task Force;
3. 50% of the Cost of Construction up to a maximum loan amount of $20,000 per
Side Facade, provided that (i) the Side Facade improvements are made in
conjunction with a Front Facade project approved by the Task Force, (ii) the Front
Facade is located in the first five blocks of West Texas Avenue between Main and
Pruett Street, and (iii) the Side Facade is located adjacent to Main Street,
Commerce Street, Ashbel Street, Gaillard Street, Pruett Street or Jones Street; and
3. Up to a maximum of $1,200.00 for the asbestos survey required herein.
5. PROGRAM ELIGIBILITY REOUIREMENTS:
a. The eligible property must be occupied, available for sale or lease, or pending
improvements will be available for sale or lease within six (6) months of the
project completion.
b. Applicant must be able to start Facade Improvements within sixty (60) days of
entering into an agreement with the City and complete the same within the time
period specified in the agreement which time period shall not exceed one year.
C. Facade improvements along with their plans and specifications must be reviewed
and approved in writing by the Task Force. After the facade improvements
together with the plans and specifications have been approved in writing by the
Task Force, no change may be made thereto unless Applicant obtains the Task
Force's prior written approval thereof.
d. All required BDFIP documents must be executed before any renovation work to
be paid for under this program may begin.
C. Total Cost of Construction must exceed $3,000 to qualify under the
BDFIP. Applicant will demonstrate to the task force that the Cost of Construction
for which they have applied will in fact improve the appearance of the Facade
accordance with the goals and purpose of BDFIP. Grants will not be made to
applications where the proposal does not improve the appearance of the facade as
measured against the goals of the program.
Page 4
f. The City shall at no time be responsible to reimburse the Applicant for any
amount which exceeds the BDFIP limits specified in Section 4 hereinabove or
which exceeds the amount to which the Applicant and the City have agreed prior
to the performance of the renovation work. The Applicant shall be responsible for
the Cost of Construction. Any expenditure that exceeds the approved forgivable
loan amount will not be subject to reimbursement.
g. Applicant shall submit with his application a sealed statement by a structural
engineer that the proposed fagade improvements can be supported by the structure
upon which they are proposed. Engineering calculations shall be submitted, if
requested by the city, to support the statements of the structural engineer.
h. All Fagade Improvements must be in compliance with all applicable City codes,
the Downtown Master Plan and the Design Guidelines.
The BDFIP is administered on a reimbursement basis. Following submission of a
reimbursement request, the City's Chief Building Official will inspect the work.
No funds shall be reimbursed to the applicant until (i) the City receives a
certificate from the Applicant's architect and/or engineer stating that the work is
completed and conforms to the plans and specifications approved by the Task
Force and (ii) the Chief Building Official inspects the Fagade Improvements and
certifies that such are complete and are in compliance with the City's codes,
Design Guidelines and Downtown Master Plan.
G. APPLICATION PROCESS:
a. Applicants may obtain an application and the guidelines from the Coordinator.
The Coordinator will explain the BDFIP and answer any questions regarding the
BDFIP.
b. In the BDFIP application, applicants must:
designate one person who will be the Applicant's contact person for all
purposes regarding the application;
2. certify that there are no code enforcement actions, tax liens, or judgment
liens against the property;
3. provide tax certificates indicating all ad valorem taxes are current;
4. certify that the applicant is not indebted in any way to the City;
5. provide proof of owners' ownership of the Eligible Property, proof of
insurance, and a signed statement from each lienholder of the Eligible
Page 5
Property verifying that the Applicant is current on all indebtedness that
does or could affect the value or ownership of the Eligible Property;
6. provide a copy of a termite inspection report, which inspection was
performed within six months of Applicant's submission of the application
or acknowledge that a clear termite inspection report will be submitted at
the completion of the project prior to receipt of reimbursement.
7. provide a copy of an asbestos survey, which was performed within six (6)
months of Applicant's submission of the application or provide proof that
all conditions identified in the required asbestos survey will be
appropriately remediated during the construction;
8. describe the proposed Fagade Improvements and provide plans and
specifications for the same;
9. indicate the proposed commencement date and completion date of the
project;
10. state how the proposed Fagade Improvements are consistent with and
furthers the purposes of the City codes, the Design Guidelines, and the
Downtown Master Plan;
11. describe the significance of the project and relative contribution to the
revitalization of the ACE District;
12. list the number of jobs and estimated salaries to be created/retained by the
renovation of the Eligible Property; and
13. provide a scope of work and a cost estimate for the proposed Fagade
Improvements sealed by a professional engineer or a registered architect,
who is licensed to practice in Texas.
C. Applications will initially be reviewed for program eligibility and funding by the
Coordinator.
d. The Coordinator shall forward eligible applications together with accompanying
recommendations regarding funding and program priorities to the Task Force.
C. The Task Force will select the Project Improvements to receive reimbursement
under the BDFIP.
f. The Applicant, the owners of the Eligible Property, if different from the
Applicant, and the City shall execute the program agreements.
Page 6
7. APPLICANT'S RESPONSIBILITIES:
The responsibilities of Applicant listed in this section apply to both the Applicant and the
owners of the Eligible Property if the Applicant is a lessee.
a. The Fagade must be repaired, restored, renovated and/or improved in accordance
with the plans and specifications approved by the Task Force. Work for projects
under the BDFIP must begin and be completed within the time frame agreed upon
in the contract between Applicant and the City.
b. Applicant agrees to maintain the facade improvements at a similar or higher
level /quality for a minimum of five (5) years after the completion and acceptance
by the City of the same.
C. Building exteriors, including the Fagade Improvements, must be maintained in
accordance with City building codes.
d. Any sales or leases of the Eligible Property within five (5) years after completion
and acceptance by the City of the Project Improvements will include language
requiring prior approval by the BDFIP of any subsequent alteration to facades and
be in accordance with the design and review standards of the BDFIP.
e. Buildings renovated under this program must be occupied by or made available
for sale or occupancy at all times during the five -year period after completion and
acceptance of the project improvements.
f. All representations which applicant made in the its application shall be pursued
and obtained within the time period indicated in the application and approved by
the Task Force.
g. If, for any reason, the Fagade shall be damaged or destroyed, either in whole or in
part, the Applicant will, without cost to the City, promptly repair or rebuild the
facade in accordance with the approved architectural facade design, or such other
Task Force approved plan consistent with the City's codes, Design Guidelines and
Downtown Master Plan. Repair or reconstruction must be commenced within
three (3) months of the date of the damage and completed within the time period
established by the Task Force.
h. Applicant agrees to maintain sufficient insurance coverage for the building on the
Eligible Property throughout the five (5) year period after completion and
acceptance by the City of the Project Improvements and provide updated copies
of certificates evidencing such coverage throughout such period.
Page 7
8. FACADE IMPROVEMENT LOAN
a. The Fagade Improvement Loan will be secured by a five -year lien on the eligible
property subordinate to the mortgage lien.
b. Forgiveness of the Fagade Improvement Loan will be pro -rated for five years.
Twenty percent (20 %) of the total loan amount will be forgiven at the end of each
year commencing the first year after loan funds are distributed.
C. During the five (5) year loan period, the unforgiven balance of the Fagade
Improvement Loan shall become immediately due and payable should the
Applicant, the owners of the Eligible Property, if different from the Applicant, or
subsequent owner or lessee fail to comply with the Applicant's requirements
specified in section 7 hereinabove.
R:1KaretiTiles\Community DevelopmentTacade Program \FascadeProgramGuidelines20l6 .docx
Page 8