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HomeMy WebLinkAboutItem 02 - HL05-03 Simmons HouseCC MW I� 0 Piz k r TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, ACTING CITY MANAGER W' H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: SEPTEMBER 20, 2005 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF HISTORIC LANDMARK SUBDISTRICT HL05-03 .l ~7 __ j (i ----------- �ry ` 4Grapevine y?. APPLICANT: City of Grapevine v 1 0 I`— a Aa. I 1 � 1 I % aye I.H.1635 1 Sy DFW Hall -Johnson „>� Airport Li Glade Rd. \ l ml L_; PROPERTY LOCATION AND SIZE: The subject property is located at 702 East Northwest Highway and is platted as Lot 2, Block 1, Premier Addition. The addition contains 1.53 acres and has approximately 100 feet of frontage along East Northwest Highway. REQUESTED HISTORIC LANDMARK SUBDISTRICT AND COMMENTS: The applicant is requesting a Historic Landmark Subdistrict designation for the property addressed at 702 East Northwest Highway and platted as Lot 2, Block 1, Premier Addition, to be known as the Simmons House. The Historic Preservation Commission at their June 29, 2005 meeting adopted the preservation criteria for the Simmons House. 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. This request was tabled at the August 16, 2005 meeting at the owner's request in order to meet with Staff to further clarify the implications of the historic overlay on the property. The Development Services Director and the City's Historic Preservation Manager met with one 0:\ZCU\HL05-03.42 I September 13, 2005 (8:47AM) of the owners of the subject property, Mr. Bart Adams on August 24 and discussed in detail the historic preservation process and the preservation criteria approved by the Commission for the property. It was generally understood that the overlay will apply to the entire property but in the future if the property is to be subdivided the historic overlay and accompanying preservation criteria may by amended by the Commission and the City Council to apply only to that portion of the property that contains the Simmons House. PRESENT ZONING AND USE: The property is currently zoned "HC" Highway Commercial District and is a mostly undeveloped tract with the exception of the Simmons House. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the properties to the north, east, and west were zoned "C-2" Community Business District prior to the 1984 City Rezoning. A portion of the property located immediately to the west of the subject property at the southeast corner of Dooley Street and Northwest Highway was zoned "L -I" Limited Industrial District prior to the 1984 City Rezoning. -The property to the south was zoned "R-1" Single Family Residential District prior to the 1984 City Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC" Community Commercial District—vacant property SOUTH: "R-7.5" Single Family Residential District—College Height Addition, single family residences EAST: "HC" Highway Commercial District—various commercial businesses WEST: "HC" Highway Commercial District—various commercial businesses I•_Tlc aeffl_111118IJ_T" 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. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is in compliance with the Master Plan. 0:\ZCU\HL05-03.42 2 September 13, 2005 (8:47AM) CE I inch equals 300 feet kv CITY OF GRAPEVINE HISTORIC LANDMARK SUBDISTRICT APPLICATION 1 APPLICANT/AGENT NAME City of Grapevine COMPANY NAME 2 3. ADDRESS 200 South Main Street CITY/STATE/ZIP Grapevine, Texas 76051 WORK PHONE 817 410-3197 FAX NUMBER 817 410-3125 APPLICANT'S INTEREST IN SUBJECT PROPERTY PROPERTY OWNER(S) NAME Classic Tile and Plastering Inc. ADDRESS 340 West Northwest Highway CITY/STATE/ZIP Grapevine, Texas 76051 WORK PHONE w2wp9kml-- :1 4. ADDRESS OF PROPERTY FOR HISTORIC LANDMARK DESIGNATION 702 East Northwest Highway LEGAL DESCRIPTION: LOT 2 BLOCK 1 , ADDITION Premier Addition SIZE OF SUBJECT PROPERTY 1.53 ACRES 66,647 SQUARE FEET METES & BOUNDS MUST BE DESCRIBED ON 8 1/2" X 11" SHEET 5. PRESENT ZONING CLASSIFICATION 6. PRESENT USE OF PROPERTY Commercial Office 0:2CUTORMS\APPHIST 2 1/99 www.ci.grapevine.tx.us 11. I-iistoric Ownership iginal owner Carl. K. Simmons significant later owners C.C. Hall Construction Com an 12. Construction Dates iginal 1938 alterations/ additions late 1970s 13. Architect original construction alterations/additions 14. Site Features natural urban Condition Check One: Check One: ❑ excellent ❑ deteriorated ❑ unaltered ❑ Original site ❑ good ❑ Ruins ® altered Q Moved (date: } ❑ fair ❑ Unexposed p Describe present and original (if known) physical appearance; include gyk(s) of architecture, current condition and relationship to surrounding fabric (structures, objects, etc.). Elaborate on pertinent materials used and styles) of architectural detaikn& embel- lishments and site detailr. Carl and Della Simmons built this one-story simple Tudor Revival stone cottage in 1938. It is one of only two stone Period Revival houses built in Grapevine during this time period. (The other is located at 222 East Franklin Street) The Simmons home has a rectangular footprint and an asymmetrical front facade. The steeply pitched shingle roof is multi -gabled - standard side gables and a set of front paired gables. The red sandstone wall surface extends from ground to roof with no break at the lower roof line. A prominent sandstone fireplace is placed to the right of the front entrance in a manner typical of Tudor -style homes. The entryway is characteristically arched with decorative stone work, as is the picture window of the portending left gable. Both front windows extend from floor to the lower roof line. Now smoked glass, fixed casement, their original arrangement is unknown, but were most likely multipaned, of some sort. A smoked glass front door replaces the original wood. The cottage is otherwise unelaborated. The Tudor style was extremely common nationally in residential suburban buildings in the early part of the 206 century, particularly during the 1920s and early 1930s. The Simmons home stood by itself when first built and for many years after. Zoned "Commercial" in the late 1960s, non-residential development remained sparse along this section of Northwest Highway for many years. Note: Tarant County Historic Resources Survey has the home identified as Mediterranean Revival. However, features of the Mediterranean Revival style include multi -story buildings with asymmetrical massing, stuccoed wall surfaces and low-pitched, red tile roofs. 28. Attaclunents ❑ District or Site map ❑ Site Plan ❑ Additional descriptive material ❑ Footnotes ® Photos Nstoric & current ❑ Other 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. ❑ Grapevine Historical Society's Historic Landmark Marker. 702 East Northwest Highway — circa 2004 (Formerly 618 East Northwest Highwy) Texas Historic Siles Atlas — Location Map Tarrant County Historic Resources Survvey — 1981 R PEACE{ ,a° 1 aaa M + v ' .d Ibe�y ad• Texas HisWnicSitesAd--- Texas Historic Siles Atlas — Location Map Tarrant County Historic Resources Survvey — 1981 ■ What are Design Guidelines ■ Why do we need Design Guidelines ■ Basic Preservation Theory ■ Period of Significance ■ Purpose of Design Guidelines 11. SITE ■ Setbacks ■ Driveways, Parking Lots ■ Service and Mechanical Areas ■ Fences and Walls ■ Preservation ■ Exterior Finishes ■ Stone Masonry ■ Metal Siding ■ Windows and Doors ■ Paint IV. EMBELLISHMENTS ■ Awnings -Canopies ■ Exterior Lighting ■ Building and Ground Signs V. NEW BUILDING CONSTRUCTION ■ New Construction Infill • Additions to Historic Buildings ■ New Building Form, Mass and Scale ■ New Building Materials Page 2 702 East Northwest Highway Page 4 1. INTRODUCTION What are Design Guidelines? Design guidelines are written documents that help ascertain the cultural and architectural importance of a Historic District or Landmark within the City of Grapevine. They provide for a common ground for making educated decisions for proposed alterations to property (including new construction) and ensuring those modifications will be compatible with the architectural character of the historic district or landmark for which they apply. Design guidelines are also intended to be recommendations and not rigid or direct interpretation of work to be executed on a property. Although appropriate, they do not require that buildings be restored to a historical period or style. They are intended to be flexible and used to promote communication about how appropriate design alterations can blend into and enhance the architectural character of the historic district or landmark. Why do we need Design Guidelines? Design guidelines are needed to preserve the architectural and cultural integrity of a historic district or landmark. They are intended for the property owner(s), their architects or designers and the Grapevine Historic Preservation Commission to use as a base reference for proposed exterior modifications to property within the historic district or landmark. They will serve as a basis for decisions about appropriate treatments and compatible new construction. The Historic Preservation Commission, the Planning and Zoning Commission and the Grapevine City Council have approved these design guidelines for this historic district or landmark. The Historic Preservation Commission, through the Certificate of Appropriateness review process, will use these guidelines for making informed, consistent decisions about design alterations. The Commission, however, realizes that there is more than one solution to a historic preservation design objective, and as such, will use these guidelines for a base reference only. Basic Preservation Theory and Integrity What makes a property historically significant? On a national level, and locally, properties must generally be at least 50 years old before they may be considered or evaluated for historic significance. However, exceptions do exist for properties less than 50 years old when the property is clearly significant. Historic properties must meet certain criteria that demonstrate their significance. This criteria is different from the national level to a local level. Generally speaking, a Page 6 downtowns throughout the country. Grapevine is no different. The historic districts and r landmarks within Grapevine have strengthened the economic stability of our local Main Street commercial area and stabilized and improved the values of property in the historic residential neighborhood. The City of Grapevine also recognizes that the character of the historic districts and landmarks is of community interest. Design guidelines are written to ensure that preservation efforts and property investments are protected by providing appropriate guidance on the preservation/rehabilitation of historic landmarks and direction for their future development. The City of Grapevine, in 1991, adopted the Historic Preservation Ordinance, Appendix G, Code of Ordinances, thus creating the Historic Preservation Commission and a historic overlay zoning ability in an effort to protect the city's rich, cultural and architectural heritage. The Commission, through the ordinance, was given the power to recommend specific Historic Districts and Landmarks within the city. Any exterior alterations to buildings and properties within Grapevine's Historic Districts or to a designated Historic Landmark require a Certificate of Appropriateness (CA) prior to commencing work. Many modifications are simple and routine, and can be approved by city Staff within a few days after the CA application is made. More significant projects may require the review and approval by the Historic Preservation Commission, which meets monthly. This section of the design guidelines concentrates on the development of site planning and preservation of site features and their relationship to the property. The goal of this section is to encourage continued preservation of the property's site, while yet still allowing development and continued adaptive use. In general, retain the historic relationships between buildings, landscaping features and open space. Avoid rearranging the site by moving or removing buildings and site features, such as walks, drives and fences, that help define the property's historic value. The distance a building sets back from the front property line relays the visual continuity or presence of buildings and structures within a district and landmark, especially in a commercial or residential area. Buildings within a residential area were sited to provide front and side open spaces between neighbors, thus resulting in front, side and rear yards The relationships between buildings, landscaping features and open space should be preserved. Avoid rearranging the site by moving or removing buildings and site features, such as walks, drives and fences, that help define the historic district and landmark. Also maintain building orientation pattern, with the front facade facing the street. 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 Page 8 the street and other pedestrian areas. This includes garbage and equipment storage areas. Mechanical equipment, including satellite dishes, should 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. 111. BUILDING FABRIC This section of the design guidelines concentrates on recommendations for the preservation of original building materials within this property. The goal of this section is to encourage continued preservation of the building materials, while yet still allowing necessary repair/replacement where required. The use of inappropriate treatments in repair and restoration work can seriously damage historic buildings. These guidelines present general directions for appropriate action. PRESERVATION The Preservation, Restoration, Rehabilitation and Reconstruction philosophy adopted by these de ' sign guidelines are the Secretary of the Interior's Standards for the Treatment of Historic Properties (see appendix). The following treatment philosophy should be considered for improvements or alterations to this property. f 1. If a new use is required for a historic building, consider uses that are compatible with the original use of the building and that would require minimal change to the defining characteristics of the property. Converting a residence into a Bed & Breakfast Inn would be considered a compatible new use. 2. Each historic building within this district and landmark is a product of its time (when constructed). The original design of each building should be respected for what it is and not altered to something it was not or giving it an "older' period look. Preserve, stabilize, and restore the original building form, ornament and materials. However, when rehabilitating, removal of non -historic or unsympathetic additions is encouraged. 3. Most properties change over time; those changes that have acquired historic significance on their own right shall be preserved. Older structures or additions may have, at some time, been renovated with such care and skill that the renovation itself is worthy of preservation. Reconstruction of building elements should reflect the size, scale, material and level of detail of the original design. Where replication of original elements is not possible, a new design consistent with the original style of the building may be used. 4. Preserve and maintain original character defining features and architectural styles of historic buildings and structures. Key architectural features of a building or structure are those that help convey the integrity and significance of the property to the Period of Significance. They may included, but are not limited to, doors, windows, siding, roofs, Page 10 . I&I I Q #I -ii Metal as an exterior building material was traditionally used on industrial or agricultural buildings within Grapevine. The metal of choice was either natural (unfinished) steel or steel with a galvanized protective coating. Preserve and maintain all original architectural metal that contributes to the character of the buildings and structures on this property. Protect metal from corrosion by maintaining protective coatings and provide proper drainage of water to discourage accumulation, which may lead to rust and corrosion. Repair historic metal by patching or splicing where necessary. This will allow the greater overall character of buildings and structures to remain. Also use the gentlest means possible when cleaning historic metal or when removing rust (in preparation of a new coating). Windows and doors are arguably the most important character defining feature of buildings. This property contains different windows and doors. Historic windows and doors contribute to the architectural character of buildings and should be .preserved and maintained. Windows varied from the wood, double hung windows front of the residence to non - historic aluminum replacement windows at the back. Doors consist of wood stile and rail doors with vision panels (glass) to overhead wood doors and rolling steel doors. Original window and door (including framing and lights or panes of glass) configurations, orientation, and proportions should be preserved and maintained. Any new windows and doors should be designed, located and sized to compliment existing historic windows and doors. If requiring replacement (or new where previous originals removed), replace in kind. When replacement is necessary, do so within the existing historic opening size and matching the original design. Use same size to avoid filling in or enlarging the original opening. Where existing windows and doors were constructed of wood, replacements should also be wood, likewise with steel windows and doors. Clear or very slightly tinted glass may be used. No reflective or heavily tinted glass shall be used. 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 where needed. Storm windows are available which can be installed on the interior of windows. This helps to preserve the exterior historic character of the building. Should storm windows need to be installed on the exterior of the historic wood windows, storm windows constructed of wood and configured to match the historic Page 12 historic roof or profile of a building. Signs may be constructed of painted wood or metal. Lighting of signs should be done externally with incandescent bulbs or ground lighting using appropriate fixtures to the style of the building. Avoid garish colors or patterns, avoid a clutter of signs and limit the number and size of signs. Neon signs are not recommended. Sandwich board signs are typical of historic commercial and retail areas and may be appropriate for this property. They should be maintained and removed after business hours. Chalkboards are encouraged for daily changing messages. Sandwich board signs, which are directed towards pedestrians should be limited to 24 inches wide by 36 inches high and no more than one per tenant. Sign lettering should be consistent with the architectural style of the building. General V, serif styles may be used for commercial and retail uses within late 19�' and early 20 century buildings. San serif styles may be used for commercial and retail uses within buildings dating from the 1930-50s. V. NEW BUILDING CONSTRUCTION This section of the design .guidelines concentrates on recommendations for the construction of new buildings within this property. New buildings are considered additions to historic buildings or new, stand alone construction. The goal of this section is to encourage appropriate and compatible new construction for this property, while still retaining the historic architectural character. NEW CONSTRUCTION INFILL The Secretary of the Interior's guidelines for new buildings in historic districts or landmarks encourage similarity of form and materials, but not actual replication. Review of proposed designs 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. ADDITIONS TO HISTORIC BUILDINGS Additions to historic buildings should compliment the style of the main building if possible; otherwise they should adhere to the general style with simplified details. New Page 14 HL- U5-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL05-03 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING LOT 2, BLOCK 1, PREMIER ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT PROVIDING FOR THE ADOPTION OF THE SIMMONS HOUSE 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, an application was made by the Grapevine Historic Preservation Commission requesting a historic landmark subdistrict designation by making application 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 this requested historic landmark subdistrict designation 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, all of the requirements of Section 39 of Appendix "D" of the Code of Ordinances have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered, among other things, the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this city; WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the granting of this historic landmark subdistrict, 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 historic landmark subdistrict designation 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 historic landmark subdistrict designation 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 historic landmark subdistrict designation 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 (HL05-03) 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 of Grapevine, Texas, in a district zoned "HC" Highway Commercial District within the following described property: 702 East Northwest Highway, specifically described as Lot 2, Block 1, Premier Addition, and in addition thereto, the adoption of the Simmons House Historic District Design Guidelines as conditions, ORD. NO. 2 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 correct 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 20th day of September, 2005. ATTEST: ORD. NO. 4