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Item 04 - HL04-04 & Z04-04 West Dallas Road Building
Piz.# �J / TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H.T. HARDY DIRECTOR OF DEVE�0 MENT SERVICES MEETING DATE: FEBRUARY 15, 2005 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF HISTORIC LANDMARK SUBDISTRICT HL04-04 AND ZONE CHANGE APPLICATION Z04-04 APPLICANT: Phillip McCasland PROPERTY LOCATION AND SIZE: The subject property is located at 107 West Dallas and is platted as Lot 2, Block 1, Old Main Place Addition. The addition contains 0.57 acres and had approximately 156 feet of frontage along West Dallas Road. REQUESTED HISTORIC LANDMARK SUBDISTRICT/ZONE CHANGE AND COMMENTS: The applicant is requesting a Historic Landmark Subdistrict designation for the property addressed at 107 West Dallas Road and platted as Lot 2, Block 1, Old Main Place Addition, to be known as the West Dallas Road Building. The Historic Preservation Commission at their November 10, 2005 meeting adopted the preservation criteria for the West Dallas Road Building. Preservation criteria for this proposed district addressing such issues as setbacks, driveways, parking, exterior finishes and other architectural embellishments were established by the Historic Preservation Commission to preserve the historic integrity of the property. See the attached preservation criteria. 0:\ZCU\HL04-04.4 & Z04-04.42 1 February 7, 2005 (3:20PM) At their December 15, 2004 meeting the Historic Preservation Commission considered and approved a Certificate of Appropriateness for a site plan and building elevations for a proposed new retail/office building at the subject location. At the July 20, 2004 Council meeting the zone change request was approved on the first reading of an ordinance pending the development of deed restrictions requiring a Certificate of Appropriateness from the Historic Preservation Commission and then the forwarding of the site plan to the Planning and Zoning Commission and City Council for final approval before any building permit is issued on the subject property. Consideration was to be given in the design of the structure or structures relative to those elevations facing South Main Street and Dallas Road to ensure enhancement and cohesiveness of the streetscape. PRESENT ZONING AND USE: The property is currently zoned "PO" Professional Office District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the properties to the north and the south were zoned "L-1" Limited Industrial District prior to the 1984 City Rezoning. The properties to the east and west were zoned "C-2" Community Business District prior to the 1984 City Rezoning. The property to the north was later rezoned (Z98-24) from "LI" Light Industrial District to "CBD" Central Business District. Several conditional uses have been granted for the property to the north for a winery (CU99-19) and an artisan studio (CU98-58). A conditional use permit for a restaurant with on -premise alcoholic beverage consumption was also approved for the property to the north (CU01-65). The property to the east was rezoned at the June 17, 1997 meeting changing the zoning from "PO" Professional Office District to "HCO" Hotel/Corporate Office District for Omni America Credit Union. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CBD" Central Business District—retail shops, Mad Duck, DV8 Hair Salon SOUTH: "PO" Professional Office District --office development EAST: "HCO" Hotel and Corporate Office District – Omni American Federal Credit Union WEST: "PO" Professional Office District—nonconforming single family residences 0AZCU\HL04-04.4 & Z04-04.42 2 February 7, 2005 (3:20PM) The subject tract is located within "Zone A" Zone of Minimal Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. Few activities will be affected by aircraft sounds in "Zone A" except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. I MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Low Intensity Commercial land use. The applicant's proposal is not in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates West Dallas Road at the subject location as a Type C Minor Arterial with a minimum 80 -foot right-of-way developed as four lanes with a center left turn lane. /rs 0AZCU\HL04-04.4 & Z04-04.42 3 February 7, 2005 (3:20PM) 9O 1,-�P'l1 RA j4ACTR TR 1 1 1444 GU „1 I16A , � "., C4307 R=7:5 .875A$jl G AZC_TR 111 5 1m s 7 Ux 1114 7 100TRTR 1114 1&@j TR F .5 A�TRTR 1,W 1 LU TR 1 1 1444 2 3 14iZ 3R R=7:5 3F,M 1m 111 5 1m s 7 Ux 1114 7 8 1113 1114 TR POMMIMMIJEE TR 19A 5A 136 Q -€MDGINS 5�----- TR 65A M� L�sG Nib& ,,o pP z TR 19 \" " 26 � 4540 0 MN� PMS a,L 3t� PO FEO�HCON ei�M■ 'NOMMO *a (`•R o�� TR 20C , 72 @PCO PO 24 A(M ,R PO 1 �T® ■ ■® 4.42 Q TR 20 .204 A®27 PO729A, PO � 3115 3111r `CJ 6 G $ .873 Q i"� 5 4 Ti 1 TR 7 TR 8 TR 9 o M 3 3 L .48F .3)M .5 AC7.42Q IC f'1 1QZ$ PN�e �a8 Ac P��13 BLAS 3 2R1 2R2 2R3 2R4 2 P� F1A 1 2 2R1 S 2R R3�va�O 2R 2 R 1F 1Q21 1P\N O1EL 5 AC 1 ONp�p,GE 35,,3 --- DAR, !%7 — ---- - -- - TR 1 F1 1» 7 1]4f 1» .561 3Qj5�3 ` P��l ua N� 211 L1 8 1]14 ^ pO� N (p,"� 11183!118 9111§ 31M R 1FAM `J V `���1 1 0 1 inch equals 200 feet asPO S PPS 1 3PA4 717 (W DallasHL04-04 West •. • Building A mm i .Awq-,oq �;� CITY OF GRAPEVINE o , Sr (Ird ' HISTORIC LANDMARK SUBDISTRICT APPLICATION it 1 (14 1g,. 096ft2 Z-1 1. APPLICANT/AGENT NAME L A i? So JJ t f ED i G d %-/zc-t iT",-C7S a 3. 4. COMPANY NAME I L t► P MC C,A S I-,A)J Q ADDRESS 0 15 A CA�4 Ta )lj 51 2f -,(z i CITY/STATE/ZIP WORK PHONE Z ) 4 FAX NUMBER APPLICANT'S INTEREST IN SUBJECT PROPERTY A(Zct4 I l'f-c ) PROPERTY OWNER(S) NAME 5 D. ADDRESS PCS b d -)� (o 37 CITY/STATE/ZIP <JA 0 LE,,( / r -,q q5 %(p z� q WORK PHONE � q 2- 3 3 S- 9 70 FAX NUMBER JAY r,4a A)&eSP ) P t-rD ADDRESS OF PROPERTY FOR HISTORIC LANDMARK DESIGNATION 07 WEST LEGAL DESCRIPTION: LOT o2 , BLOCK I� ,ADDITION OLD in A/jl Ptcf SIZE OF SUBJECT PROPERTY '31q4 61- f -I ACRES SQUARE FEET METES & BOUNDS MUST BE DESCRIBED ON 8 1/2" X 11" SHEET 5. PRESENT ZONING CLASSIFICATION PkOfF-55 tad,J A L ©r'FJCE- 6. PRESENT USE OF PROPERTY V Ac A1I1" �—A/j D 01MUTORMSIAPPHIST 2 1199 www.ci.grapevine.bc us SIGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACING A HISTORICAL LANDMARK SUBDISTRICT REQUEST SIGN ON THE SUBJECT PROPERTY. RESCHEDULED TO A LATER DATE. APPLICANT (PRINT) PAI L L i P M C. C 4 5 1--- f- ),I J APPLICANT SIGNATURE OWNER (PRINT) OWNER SIGNATURE J&mss -b- 0AZCUTORMAPPHIST 3 1/99 www.ci.grapevine. tx us 1. Name Historic West Dallas Road Budding And/or common 2. Location Address 107 W. Dallas Road land Location/neighborhood block/lot Blk. 1 Lot 2, Old Main Place Addition tract size 9,794 s.f 3. Current zoning Professional Office (PO) 4. Classification Category _ district building(s) structure x site Ownership _ public x private Accessible yes: restricted _ yes: unrestr. no Status _ occupied x unoccupied x work in progress Present Use agriculture _ commercial education Entertainment government industrial military 5. Ownership Current owner. James D. Green Family Partnership, LTD phone: 972-335-9729 museum _ park x residence Religious _ scientific _ transportation _ other Address: P. O. Box 637. city: Sadler state: Texas zip: 76264 6. Form Preparation Name & title: David Klempin, HP Officer Organization: Grapevine Township Revitalization Project, Inc. Contact David Klempin Phone: 817/410-3197 7. Representation on Existing Surveys _ Tarrant County Historic Resources National Register of Historic Places _ Recorded Texas Historic Landmark _ other Multiple Property Nomination Form Texas Archaeological Landmark 8. Date Rec'd: for office use only Survey Verified: ^ Yes No 9. Field Chk date: By: 10. Nomination _ Archaeological Structure District Site Structure & Site 11. Historic Ownership Original owner later owner(s): lames Dotson Green { 12. Construction Dates N/A 1 original• alterations/additions: 13. Architect N/A original construction: additions: 14. Site Features natural Large native trees along property line urban design: Vacant Land Condition Check One: Check One: — excellent — deteriorated _ Unaltered -_ _ Original site x good — ruins — altered _ — fair — unexposed - - poor — Describe p sW and original (if known) phyacal appearance; include styles) of architecture, xm#t vx&Xion and relationship to surmundixgfabric (nwiaum objtas, etc.. Elaborate on pertinent materials used and styles) ofarcbitaYural detrai ft embel- ishments and site detaiA This property is vacant land. The property is located at the southwest corner of West Dallas Road and South Main Street in Grapevine. It is adjacent to the Cotton Beit Railroad Commercial Historic District and the entrance to the Main Street Grapevine Commercial Historic District. The area includes the original Cotton Belt trackway, a bridge structure (1928), the Section House (1888), railroad depot (1901) the Farmers & Merchants Milling Compacry/B&D MR Complex and other various industrial buildings. In the 1950's the west portion of the property was occupied by a one story galvanized metal building. Realignment of Main Street in the 1970's resulted in the moving of Main Street to the east. This area is now part of the site and is cov- ered by an easement. A row of large trees along the east side of the property marks the old street location. To the south is a professional office building built of reddish color antique brick. 16. Historical Significance Statement ofhirtoncal and cuhreral.rigraf tante. Include: crrkural influencer, spedal events and imjwrtant perronager influenar on neighborhood, on the dty, etc. The commercial buildings that were constructed along Grapevine's Main Street were predominantly examples of ver- nacular commercial architecture which date from the last quarter of the nineteenth century through the second quarter of the twenties century. Constructed of masonry, they are one, one -and -one-half or two stories in height and are typi- cally *ee bays in width. Most of the buildings are simply detailed with brick cornices that include signage bands that are framed by brick piers. Most of the storefronts originally had transoms. The scale, detailing and composition of the contributing buildings on Main Street provide a streetscape that is representative of the periods in which they were con- structed. 17. Bibliography Tarrant County Clerk's Office. Deed Records. Tarrant County Historical Commission. Union Tide and Trust Company, Fort Worth and Tarrant County Abstract Company Collection Young, Charles, H. Grapevine.Area Hi tory. Dallas, Texas, Taylor Publishing Co., 1979. 18. Attachments __._ District or Site map Y Additional descriptive material x Site Plan (Tarrant Co. Tax Record) Footnotes x Photos (Marie & current) Other = Sw= Map. 1935 Saahurn Fire Map) 19. Designation Merit A. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Grape- vine, State of Texas of the United States. $. Location as the site of a significant historical event. G. Identification as the work of an archi- tect or master builder whose individual work has influenced the development of the city. H. Embodiment of elements of architec- tural design, detail, materials or craftsmanship which represent a sig- nificant architectural innovation. C. Identification with a person or persons I. Relationship to other distinctive x who significantly contributed to the buildings, sites or areas which are eli- culture and development of the city. gible for preservation according to a plan based on historic, cultural or ar- chitectural motif. D. Exemplification of the cultural, eco- x J. Unique location of singular physical nomic, social or historical heritage of characteristics representing an estab- the city lished and familiar visual feature of a neighborhood, community or the city. E. Portrayal of the environment of a group of people in an era of history characterized by a distinctive archi- tectural style. F. Embodiment of distinguishing char- x acteristics of an architectural type or specimen. 20. Recommendation The Grapevine Township Revitalization Program re- quests the Grapevine Historic Preservation Commis- sion to deem this nominated landmark meritorious of designation as outlined in Chapter 39, City of Grape- vine Comprehensive Zoning Ordinance. Further, the Grapevine Historic Preservation Commis- sion endorses the Preservation Criteria, policy recom- mendations and landmark boundary as presented by the City of Grapevine Development Services Depart- ment. K Archaeological value in that it has produced or can be expected to pro- duce data affecting theories of historic or prehistoric value. L. Value as an aspect of community sen- timent or public pride. Burl Gilliam, Chairman Grapevine Historic Preservation Commission David Klempin, Historic Preservation Officer Tommy Hardy, Director Development Services Department 21. Historical Marker The Grapevine Historic Preservation Commission and the Grapevine Historical Society have a cooperative marker pro- gram for properties that are officially (individually or located within) designated Historic Landmark Sub -districts. Please indicate if you are interested in obtaining one or both markers for your property. There is no fee for either of the mark- ers, however, the Grapevine Historical Society will only fund two (2) of the medallion and text plaque (second option), per year, on a first come, first serve basis. Check One: ❑ Yes, I am interested in obtaining a bronze Historic Landmark Plaque for my property from the Historic Preservation Commission. I understand there is no fee for this plaque. ❑ No, I am not interested in obtaining a marker for my property. ❑ Yes, I am interested in obtaining a bronze Historic Marker (medallion and text plaque) for my property from the Grapevine Historical Society. Below for office use only ❑ Historic Preservation Commission's Historic Landmark Plaque. ❑ Historic Preservation Commission's Historic District Plaque. 0 Grapevine Historical Society's Historic Iandmatk Marker. Real Estate Display Home Tarrant Appraisal District Another Search Printable Version Real Estate 11/04/2004 Account Number: 03851869 Georeference: A 422-21B Property Location: 107 W Dallas Rd, Grapevine Owner Information: Green, James D Family Prtnshp, 1091 Hackleman Rd Sadler, Tx 76265 2 Prior Owners Legal Description: Dooley, William Survey A 422 Tr 21B Page 1 of 2 Taxing .jurisdictions: Ql 1 City of Grapevine 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 906 Grapevine-Colleyville ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually carried in TAD's database. Certified Values for Tax Year 2004 Land Impr 2004 Total** 2003 Total Market Value $58,764 $0 $58,764 Appraised Value* $58,764 $0 $58,764 $58,764 Approximate Size*** 0 Land Acres 0.2248 Land Sq Ft 9,794 * Appraised value may be less than market value due to state -mandated limitations on value Increases ** A zero value Indicates that the property record has not yet been completed for the indicated tax year *** Rounded 2004 Notice Sent: 07/15/2004 Protest Deadline: 08/19/2004 Exemptions: Property Data Deed Date: 09/17/2003 Deed Vol: 000000 Deed Page: 0000 Year Built: 0000 Pct Complete: 100 TAD Map: 2126 460 Class: 000 State Code: C3 Rural Vacant Garage 00 Bays: Central Air: Central Heat: Pool: N http://www.tad.org/Datasearch/re.cfm?Account=%28%2E%21 %3CBJ%5D8%3FJ0%28%... 11/4/2004 Design Guidelines West Dallas Road Building 107 West Dallas Road Grapevine, Texas Grapevine Township Revitalization Project, Inc. City of Grapevine 200 S. Main Grapevine, Texas 76051 November 3, 2004 PREFACE I. SITE ■ Setbacks ■ Driveways, Parking Lots ® Service and Mechanical Areas ■ Fences ■ Exterior Finishes ■ Windows Ill. EMBELLISHMENTS ■ Awnings -Canopies ■ Exterior Lighting IV. NEW BUILDING CONSTRUCTION ■ Infill Table of Contents Page 2 Preface This property is located at the southwest corner of West Dallas Road and South Main Street in Grapevine. It is adjacent to the Cotton Belt Railroad Commercial Historic District and the entrance to the Main Street Grapevine Commercial Historic District. The area includes the original Cotton Belt trackway, a bridge structure (1928), the Section House (1888), railroad depot (1901) the Farmers & Merchants Milling CompanyB&D Mill Complex and other various industrial buildings. The commercial buildings that were constructed along Grapevine's Main Street were predominantly examples of vernacular commercial architecture which date from the last quarter of the nineteenth century through the second quarter of the twenties century. Constructed of masonry, they are one, one -and -one-half or two stories in height and are typically three bays in width. Most of the buildings are simply detailed with brick cornices that include signage bands that are framed by brick piers. Most of the storefronts originally had transoms. The scale, detailing and composition of the contributing buildings on Main Street provide a streetscape that is representative of the periods in which they were constructed. In the 1950's the west portion of the property was occupied by a one story galvanized metal building. Realignment of Main Street in the 1970's resulted in the moving of Main Street to the east. This area is now part of the site and is covered by an easement. A row of large trees along the east side of the property marks the old street location. To the south is a professional office building built of reddish color antique brick. Development of the site shall follow the Design Guidelines established for the property. The guidelines were established to encourage appropriate site development that will reflect the period of significance for the Main Street Grapevine Commercial Historic District of 1870 — 1930 and incorporates elements of the Grapevine's Design Guidelines for Historic Commercial and Residential Buildings. The authenticity of Grapevine's Main Street and its buildings sets the community apart from its neighbors. These preservation criteria will help guide the planning of appropriate additions to the property in this historic area of Grapevine. Page 3 SITE Retain the historic relationships between buildings, landscaping features and open space. Avoid rearranging the site by moving or removing site features, such as walks, drives, fences and trees, that help define the property's historic value. SETBACKS Building setbacks should be consistent with adjacent buildings or with the style of the building. Setbacks are an important ingredient in creating an attractive streetscape. Buildings should be set back to a line that is consistent with their neighbors and land use. For example, commercial buildings shall be near to the sidewalk. It is important to provide a continuous retail edge along the street to created an attractive environment for pedestrians and reinforce retail sales. Maintain building orientation pattern, with the front facade facing the street. Maintain spacing patterns between buildings. DRIVEWAYS, PARKING LOTS AND VACANT SITES Driveways should be located perpendicular to the street; no circular drives shall be allowed (unless proven with historic documentation) in front or corner side yard, so that the character of the landscaped yard can be reinforced. New parking lots for commercial uses should not be located adjacent to sidewalks in the district. Off-street parking lots should not be allowed to interrupt the continuity of landscaped front or corner side yards. This is important to both the preservation of historic character, and to the strengthening of the residential district. Screen existing parking lots from streets and pedestrian areas. Existing parking lots located adjacent to streets and sidewalks may be screened to the height of car hoods. This will provide a certain level of continuity of the building facade line; it will screen unsightly views; and it will provide a level of security by allowing views to and from the sidewalk. Wood picket fences, wood rail fences and decorative wire fences were the common fence types in Grapevine. New fences. Simple wood picket fences, wood and wire and wrought iron fences are appropriate. Avoid chain-link fences, privacy fences and concrete block fences for the street sides of property. Wood privacy fences may be allowed when installed in the rear yard and behind the front facade of a property. Replacing fences. If replacement is required due to deterioration, remove only those portions of historic fences that are damaged beyond repair and replace in-kind, matching the original in material, design and placement. If replacement is necessary for non -historic fences, or new fences are proposed, locate and design the fence in such a way that will compliment the historic boundary of the property without concealing the historic character of the property. SERVICE AND MECHANICAL AREAS Service and mechanical areas and equipment should be screened from the street and other pedestrian areas. Page 4 All garbage and equipment storage areas should be screened from the street. Mechanical equipment, including satellite dishes, shall not be located in front or corner side yards or should be set back from the edges of roofs, and screened so that they are not visible to pedestrians and do not detract from the historic character of buildings. BUILDING FABRIC Modern synthetic siding materials such as vinyl or metal bear little resemblance to historic siding materials. New synthetic siding shall not be installed. Paint colors should be complimentary to each other and the overall character of the surrounding buildings. When possible, research the original paint color and finishes of the surrounding building's historic period; the right colors respect the historic building. The Historic Preservation Commission shall adopt, as necessary, an appropriate paint palette(s) which may be proposed and approved through the Minor Exterior Alteration application process. Any colors proposed outside the adopted palette may be reviewed by the Commission in the regular Certificate of Appropriateness process. &W,1ZO Should the owner wish to install security bars, they should be installed on the interior of windows and doors. Storm windows. The use of interior storm windows is encouraged. Storm windows are available which can be installed on the interior of windows. This helps to preserve the exterior character of the building. Should storm windows need to be installed on the exterior of the windows, storm windows constructed of wood and configured to match the historic sashes (i.e. one over one sashes) are recommended. If metal storm windows are installed, paint to blend with surrounding elements. EMBELLISHMENTS AWNINGS -CANOPIES New awnings and canopies should be designed in accordance with the Design Guidelines for Historic Commercial and Residential Property. EXTERIOR LIGHTING Lighting is an important element in commercial areas. Fixtures should be consistent with the historic character of the Main Street buildings. Appropriate incandescent light fixtures to the style of the district should be used. Avoid exposed lighting of any kind unless part of a historic fixture. Page 5 NEW BUILDING CONSTRUCTION Pl3M The Secretary of the Interior's guidelines for new buildings in historic districts encourage similarity of form and materials, but not actual replication. New construction proposals and the rehabilitation of non -historic buildings will be reviewed based on these Criteria. Judgement will be based on the compatibility of the design within the context of the property's adjacent and nearby historic buildings. The design of new buildings should have key elements of the building's historic period of significance including massing, scale, fenestration and materials. Infill buildings should not be absolute reproductions, and appear as clearly contemporary. Only when a previously demolished historic Grapevine building can be accurately replicated may a reproduction be considered. Infill buildings between historic buildings should be similar in setback, roof form, cornice line and materials, to one of the adjacent buildings. Relate height of new building to the heights of adjacent structures. Avoid new buildings that tower over existing ones. Horizontal wood siding (either novelty, tongue and groove, shiplap or equivalent) and brick are appropriate exterior building finishes for the historic house. Fake brick or stone or gravel aggregate materials shall never be used. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING HISTORIC LANDMARK SUBDISTRICT HL04-04 1N ACCORDINANCE WITH SECTION 39 OF ORDINANCE NO. 82-73, (APPENDIX "D" OF THE CODE OF ORDINANCES), THE COMPREHENSIVE ZONING ORDINANCE, DESIGNATING LOT 2, BLOCK 1, OLD MAIN PLACE ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF HISTORIC DISTRICT DESIGN GUIDELINES; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street locating spaces, and w protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for this change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and, therefore, feels that a change in zoning classification for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas and helps promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby designate a historic landmark subdistrict (HL04-04) in accordance with Section 39 of Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the City Code in a district zoned "PO" Professional Office District Regulations within the following described property: 107 West Dallas Road, specifically ORD. NO. 2 described as Lot 2, Block 1, Old Main Place Addition and in addition thereto, the adoption of Historic District Design Guidelines as conditions, regulations and safeguards in connection with the said historic landmark subdistrict, a copy of said criteria being attached hereto and labeled Exhibit "A". Section 2. The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas to reflect the "H" zoning designation. Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety ORD. NO. 3 and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of February, 2005. F.Ar. j a MITI c I ATTEST: ORD. NO. 4 ORDINANCE NO, AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z04-04 ON A TRACT OF LAND OUT OF THE WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "CBD" CENTRAL BUSINESS DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for this change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and, therefore, feels that a change in zoning classification for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas and helps promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known ORD. NO. 2 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z04-04 to rezone the following described property to -wit: being a 0.57 acre tract of land out of the William Dooley Survey, Abstract No. 422, Tarrant County, Texas (107 West Dallas Road), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PO" Professional Office District Regulations is hereby changed to "CBD" Central Business District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Provided, however, that the property described in Exhibit "A" shall be governed by the Deed Restrictions in Exhibit "B", attached hereto and made a part hereof. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. ORD. NO. 3 Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 20th day of July, 2004. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 15th day of February, 2005. ATTEST: ORD. NO. 4 THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made as of the day of , 2004, by the City of Grapevine, a Texas Home Rule City located principally in Tarrant County, Texas ("City") and James Green Family Partnership, LTD, ("Property Owner") in Sadler, Texas 76264, hereinafter referred to as Owner. I WHEREAS, Owner is the owner of certain real property located in Tarrant County, Texas, more particularly described in Exhibit 'A' attached hereto and incorporated herein for all purposes, also known as 107 West Dallas Road, and legally described as Tracts 21 and 21B of Abstract 422, William Dooley Survey, Grapevine, Texas ("the Property'); WHEREAS, the Owner has agreed to impose certain restrictions upon the Property which restrictions will be enforceable by the Owner and the City against any owner or subsequent purchaser of the Property; NOW THEREFORE, the Owner declares that the Property is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants hereinafter set forth. 1 A Certificate of Appropriateness must be obtained from the Historic Preservation Commission and then forwarded to the Planning and Zoning Commission and City Council for final approval before any building permit is issued on the Property. Consideration shall be given in the design of the structure or structures relative to those elevations facing South Main Street and Dallas Road to ensure enhancement and cohesiveness of the streetscape. 2. Binding Effect and Duration — These covenants shall remain in force and effect for a period of twenty-five (25) years from the date of execution of this instrument and shall be extended for continuous period of five (5) years unless terminated by written agreement of the City and the then current owner of the Property. 3. Amendments — This Declaration may be amended only pursuant to a written amendment executed by City and the then current owner of the Property and recorded in the Deed Records of Tarrant County, Texas. 4. Enforcement — The City shall have the right (but not the duty) to enforce the provisions of this Declaration. Enforcement shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any part of this Declaration, either to restrain violation or to recover damages. Failure by the City to DECLARATION OF RESTRICTIVE COVENANTS 0AZWZ04-04.deedrestrictions enforce any provision of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover court costs and reasonable attorneys" fees from the non - prevailing party. 5. Severability — Invalidation of any one or more of the covenants, conditions and restrictions contained herein, or any portion thereof, by a judgment or court order shall not affect any of the other provisions herein contained, which shall remain in full force and effect. In the event any provision of the instrument requires an act that would violate any law, ordinance or regulation promulgated by a governmental body having jurisdiction, then the actions so required herein shall be excused and such law, ordinance or regulation shall control. 6. Interpretation — The section headings appearing in this instrument are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section hereof. 7. Nothing herein, in any manner, shall preclude the City from exercising its police power, including the zoning and rezoning of the Property. EXECUTED as of the date first above written. City Secretary CITY OF GRAPEVINE Linda Huff City Attorney John F Boyle, Jr. DECLARATION OF RESTRICTIVE COVENANTS 0AZWV 04-04.deedrestrictio ns Roger Nelson, City Manager Print name: Pq The State of County of on this day personally appeared Roger Nelson, City Manager, known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19 My Commission Expires: The State of County of Notary Public in and for the State of Texas on this day personally appeared Owner, known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,20 My Commission Expires: Notary Public in and for the State of Texas DECLARATION OF RESTRICTIVE COVENANTS 0AZW\Z04-04.deedrestrictions 3 1 A5ULATION5 ZONING! CBD PROPOSED USE: 6,546 So. FT. ONE STORY BRICK STRUCTURE 1,636 SO. FT. OFFICE 4,V0 50. FT. RETAIL PARKING REQUIRED- 36 SPACES PARKING PROVIDED: 35 SPACES PARKING AREA: 13,689 SQ. FT. LANDSCAPED PAWING ISLANDS NORTH 24' Access EsTn't D ALLAS R o AD LARSON & PEDIGO A R C H I T E C' T 3 3 0 15 A C A N T 0 N DALLAS TX 75226 (2 1 4) 9 3 9 - 0 9 95 DECEMBER 1, 2004 In 9N rL REMOVE EXISTING POWER POLES 4 RELOCATE LINES UNDERGROUND. PROTECT EXISTING TREES LARSON & PEDIGO A R C H I T E C' T 3 3 0 15 A C A N T 0 N DALLAS TX 75226 (2 1 4) 9 3 9 - 0 9 95 DECEMBER 1, 2004 In 9N BRICK 2 B#2ICK 2 1 ==lf-v 1) 2 50UTH ELEVATION BRICK I BRICK 2 EA5T ELEVATION I - Im -o LARSON & PEDIGO A R C H I T E CT S ■ ■ 3 0 1 $ A CANT ON DALLAS TX 75226 (2 1 4) 9 39-09 95 DECEMBER 1, 2004 1i 0 • w V) d Qx J w J Q Z ® } w � 4 ® fL� w LARSON & PEDIGO A R C H I T E C T 5 s 3 0 1 5 A CANT ON DALLAS TX 75776 U 1 4) 9 3 9- 0 9 9 5 DECrMMR 1, 2004 I -- N LU /w