The URL can be used to link to this page

Home My WebLink AboutItem 05 - HL15-05 209 Austin Street TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER J. SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: OCTOBER 20, 2015 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF HISTORIC LANDMARK SUBDISTRICT HL15-05 ----------- -- Grapevine C Lake APPLICANT: Neal Cooper rn I.H.1635 North i PROPERTY LOCATION AND SIZE: o__ T. The subject property is located at 209 Austin Street > and platted as South 1/2 of Lots 1 & 2, Block 101, DFW Hall-Johnson Airpon College Heights Addition. O a. Glade Rd. O REQUESTED HISTORIC LANDMARK SUBDISTRICT AND COMMENTS: The applicant is requesting a Historic Landmark Subdistrict designation for property located at 209 Austin Street, South Y2of Lots 1 & 2, Block 101, College Heights Addition. The Historic Preservation Commission, at their July 22, 2015 meeting, adopted the preservation criteria for the subject property and approved CA1 5-54 to allow the demolition of the existing structures and the construction of a new residential structure with a detached garage totaling 3,588 square foot. The 1,320 sq. ft. single-family, one-story residence with detached garage is situated on a corner lot at Austin Street and East Estill Street in the College Heights Addition of the city of Grapevine. This original Folk-Victorian style house, consisting of three rooms in a "T" shape plan, featured a steeply pitched hip roof and was built in 1912. A front and back HL15-04.4 1 October 14,2015(1:20PM) porch with shed roof were enclosed to become small rooms. An addition, built with a slab on grade foundation, was added across the north face of the original house. A one-car detached garage with storage area was constructed in the back yard in the 1950s. The house today is severely deteriorated with a failed foundation due to a lack of critical repairs to the foundation. The house was recently condemned by the City of Grapevine due to its deteriorated condition. This property is located in the College Heights Addition that is listed on the National Register of Historic Places. It is included in the Original Grapevine Township boundary. This area encompasses some of the most concentrated and intact collections of late nineteenth and early twentieth century houses in the city of Grapevine. The surrounding contributing sites with structures erected between ca. 1889 and ca. 1950, represent the efforts of many of Grapevine's leading merchants and professionals, as well as farmers and wage earners during the period of significance. This area provides some of the city's best examples of buildings associated with people and events that made significant contributions to the history of Grapevine. On October 18, 1912, Mattie"Dora" McKibben purchased this lot to build a house. She was the daughter of Grapevine pioneers Hezekiah A. and Nancy Willingham McKibben. Dora, the sixth of nine children, was a schoolteacher and taught in Fort Worth and Grapevine schools. Dora McKibben never married. (Dora McKibben died in 1965 and is buried in Bedford, TX.) On July 17, 1944, Miss McKibben sold the property to Noah C. "Cleve" and Cornelia Berry Crowley. Cleve Crowley was one of 15 children born to William Jasper Crowley (six children to Martha Jane "Mattie" Short Crowley who died in 1887, and nine children born to Lola Denton Crowley.) Cleve and his brothers were in a band called the "Rabbit Twisters"who played on WBAP Radio on Saturday mornings, and at social events in the Grapevine area. Cornelia Crowley died in 1973 and Cleve Crowley died in 1983. Both are buried in Grapevine Cemetery. On January 9, 1974, the Crowleys sold the property to Mauricio Viera and Asencion Reyna Rios. Mauricio died in 2006 and is buried in Grapevine Cemetery. Asencion still lives on the property. PRESENT ZONING AND USE: The property is currently zoned "R-7.5" Single Family Residential and is currently used as a residential structure. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the surrounding properties to the north, south, east, and west were zoned "R-1" Single Family District prior to the 1984 City Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family Residential — residential structures HL15-04.4 2 October 12,2015(10:04AM) SOUTH: "R-7.5" Single Family Residential — residential structures EAST: "R-7.5" Single Family Residential — residential structures WEST: "R-7.5" Single Family Residential — residential structures AIRPORT IMPACT: 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 "RL" Residential Low Density land use. The applicant's proposal is in compliance with the Master Plan. /sb HL15-04.4 3 October 12,2015(10:04AM) SEEMS NONE T 1R1 1R1 TR 28B2 2& .36 AC F1' 12 3R1 3.188 @; aE9$oy 1�Ng5 Cc 4 �{ 1,Z .691 @ oR�gN� d�pp� N�®�' 3R1 •' q 1R1 1R1 �m GS 101 3.188 @ 1 ev g8Q P a5��, Q 691 @ A - TR 48 3A 4 'DO ` 1 TR 51B m TR 51 (} ! 1.39 @ 037 ' 45 @ .5 A NNes QQ @ Fn 1Q .713104 ID Q 1 N Q N 1 RA 2 m U CO O m LLJ A^!. 1 N M a�,n�. -0 �Q-�Q �N '0 ILL' Cf W N Cr N 6R 6 7 ! 8 _ ----- 3; 4 5Mnr. 3 7 I. 9 1 1 2 q 1 5 6 7R 0 1 2 R 5RD P� c.. 0 oN -- -- — CT O6p9G AO6 8R 1R 1R 6 ply gpp _ 3 4 5 6 ! 7 3 4 5 �3U�p p!P O 3 201301a 401 2R < 2R 3 3 ; 6R -M—F_� q 2 TR 58 _---- -- + Texas - - - 5 6 7 3A5 6 7 0 9 10 11 12 - - - - 2A 3A ®� 1A 3Q 6 - - - ----- A 1B 3 ; 4 5 !6 7 1 - -- 313 4 :5 6 7 8 1R 9 10 11 13R 1 A A.B 06 Q! 2 107 -- - ._ 2R 10 ®g 3 ® �p �`� 1 20� 6 7 8 1 2 A 12 3 4 5 6 7 12 1 ' 4 L i -f_. _.- . -__---- . 6A Feet 0 100 200 300 400 MA VM ' 7 wIN 20U Austin Street a �klrj *7� i This data has been compiled by the City of Grapevine ITIGIS department.Various official and unofficial sources were Date Prepared: 10/6/2015 used to gather this information.Every effort was made to ensure the accuracy of this data,however,no guarantee is given or implied as to the accuracy of said data. T E% X A SCITY OFGRAPEVINE HISTORIC LANDMARK SUBDISTRICT APPLICATION PART 1.APPLICA Applicant Name: Applicant Address: / 1 City/State/Zip Phone No. / ," Fax No, Email Address 1 �a Y��9� 'd'-, �� Mobile Phone Applicant's interest in subject property PART 2. PROPERTY INFORMATION Street Address of subject property [,�IG4 L;S-r)a/ Legal Description: Lot 1�4� Block Pol Addition Legal description of subject property (metes& bounds must be described on 8 1/2"x 11"sheet) Size of subject property: acres square footage o Present zoning classification �7 Present use of property Proposed use of property PART 3. PROPERTY OWNER INFORMATION Property OwnerL1vP?r-,--,, " Prop Owner Address City/State/Zip 1 Fz- Phone No. i Fax No. [a The Development Services staff will determine the agenda for each of the public hearing dates. Based on the size of the agenda,your application may bo rescheduled toalater date PART 4. SIGNATURE TO AUTHORIZE FILING QF AN APPLICATION AND PLACIN 9 A HISTORICAL LANDMARK SUBDISTRICT REQUEST SIGN ON THE SUBJECT PROPERTY | -------- ' Frig P��Appi�a�� Noma TheG�e� County of | - � / ~_ , Befoname(noba | onFT� / ��-��0_ ^' / ,,w/�� ,_�~=~,-, c_�,� knmwntome(orpruved��m�onthe oath of card or other document)tobe the person whose name io subscribed tothe foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Gea/)Given under my hand and seal of office thia|/ ��/ day AD } |`�/� | �/u/�u�` . � � � g�pj 5, =MARY BUSH F my commissiog Expires N�ovemberI5,20i5 Notary In and For S te of | | ` | | Print Property Owner's Name Property Owner's Signature | ��------- � The State of | ` County of i > - ' Before mo(nmtory)| onth�doypersona��appeanad ��p|�on�| ' | known toma (or proved toneonthe oath of card mother toba the person whose name is subscribed to the foregoing instrument and acknowledged tume that he executed the same forthepurpooaoondoonsidmodionthoreinexpnsmeed. (Gea0 Given under my hand and seal of office thio|| day of A.D. | | ' | F Notary In and For State uf | ` � GRAPEVINE HISTORIC PRESERVATION COMMISSION HISTORIC LANDMARK DESIGNATION FORM 1. Name \Sattie"Dora"McKibben House Historic And/or common 2. Location Address:209 Austin Street land survey:A.G.Walker,Depute Surveyor,Robertson Land _ District,April 11, 1854 Location/neighborhood City of Grapevine,College Heigbts Addition block/lot Block 101,lot 1-2,S '/2 lot 1-2 tract size 5,115 sq. ft. 3. Current zoning A-1 Single Famili 4. Classification Category Ownership Status Present Use District _ public x occupied _ Agriculture _ museum x building(s) x private _ unoccupied — commercial _ park Structure _ work in progress _ Education x residence Site Accessible _ Entertainment _ Religious _ yes:restricted _ government _ scientific x yes:unrestr. _ Industrial _ transportation no _ 'Alilitary _ other 5. Ownership Current owner: phone Address: city: state: zip: 6. Form Preparation Name&title David Klempin,Historic Preservation Officer organization: HPP Department Contact:Betsy Deiterman,Intern phone: 817-410-3197 (DK)or 817-410-3535 (BD) 7. Representation on Existing Surveys _ Tarrant County Historic Resources x National Register of Historic Places _ Recorded Texas Historic Landmark _ other Texas Archaeological Landmark for office use only 8. Date Rec'd: Survey Verified: Yes No 9. Field Chk date: By: 10. Nomination _ Archaeological _ Structure _ District Site Structure&Site 11. Historic Ownership original owner Esther-Moore,by public domain claim in 1856 significant later owner(s) Construction Dates i\Mattie Dora'McKibben constructed existing home on October 18, 1912;sold to Cleve and Cornelia Berm Crowley on)uly 17, 1944; sold to-fauricio and Rios on January 9, 1974 alterations/additions 12. Architect original construction alterations/additions None 13. Site Features natural urban desi i 14. Physical Description Condition Check One: Check One: _ Excellent x deteriorated _ Unaltered x Original site _ Good _ Ruins _ altered _ Xfoved(date: ) _ Fair _ Unexposed Describe present and original(if known)plysical appearance;include s�,le(s)of architecture,current condition and relationship to surrounding fabric(structures, objects, etc.). Elaborate on pertinent materials used and styles)of azcl)itectural detailing,embel- lishments and site details. IF TdW_ �y yd` 1 209 Austin Street,c. 1912 Photo c. 2015 This 1,320 sq. ft. single-family one-story residence with detached garage is situated on a corner lot at Austin Street and East Estill Street in the College Heights Addition of the City of Grapevine.The house is set close to the street allowing for a large back yard space.This original Folk-Victorian style house consisting of three rooms in a T shape plan featured a steeply pitched hip roof and was built in 1912. A front and back porch with shed roof were later enclosed to become small rooms.A later addition built with a slab on grade foundation was added across the north face of the original house. A one-car detached garage with storage area was constructed in the back yard in the 1950s. The house today is severely deteriorated with a failed foundation due to a lack of critical repairs to the foundation. The house was recently condemned by the City of Grapevine due to its deteriorated condition. 15. Historical Significance State>nent ofhistotical and cubusal significance. Include: cultural influences,special events and important personages,infiluences on neighborhood,on the cif,,etc. This property is located in the College Heights Addition that is listed on the National Register of Historic Places. It is included in the Original Grapevine Township boundary. This area encompasses some of the most concentrated and intact collections of late nineteenth and early twentieth century houses in the city of Grapevine. The surrounding con- tributing sites with structures erected between ca. 1889 and ca. 1950, represent the efforts of many of Grapevine's lead- ing merchants and professionals, as well as farmers and wage earners during the period of significance. This area pro- -vrides some of the city's best examples of buildings associated unth people and events that made significant contributions to the history of Grapevine. This land tract was originally surveyed on April 11, 1854 by A.G. Walker,Depute-Survevor,Robertson Land District 3rd Class. On 1anuary 22, 1845, Esther 1loore claimed 320 acres on a pre-emption grant from public domain %which in- cluded this property, filed x6fli the Robertson Land District and the Denton Land District, five years prior to the for- mation of Tarrant Count\-. On October 18, 1912,Mattie "Dora"McKibben purchased this lot to build a house.She was the daughter of Grapevine pioneers Hezekiah A. and Nancy yy-illinglnam \McKibben. Dora, the sixth of nine children, was a schoolteacher and taught in Fort Worth and Grapevine schools.Dora 11McKibben never married. (Dora McKibben died in 1965 and is buried in Bedford,TX.) On July 17, 1944, Miss McKibben sold the property to Noah C. "Cleve" and Cornelia Berry Crowley. Cleve Crowley was one of 15 children born to William Jasper Crowley(six children to Martha Jane"Alattie"Short Crowley who died in 1887,and nine children born to Lola Denton Crowley.) Cleve and his brothers were in a band called the"Rabbit Twist- ers" who played on WBAP Radio on Saturday mornings, and at social events in the Grapevine area. Cornelia Crowley died in 1973 and Cleve Crowley died in 1983.Both are buried in Grapevine Cemetery. On January 9, 1974,the Crowleys sold the property to llauricio Viera and Asencion Re}=na Rios. l\Mauricio died in 2006 and is buried in Grapevine Cemetery.Asencion still lives on the property. * Pre-Emptive Grant-From 1845 to 1854 homesteaders could claim 320 acres.From 1854 to 1856,and 1866 to 1898, up to 160 acres could be claimed. Homesteaders were required to live on the land for three years and make improve- ments(such as building a barn)in order to qualify for a pre-emption grant of 160 acres. 16. Bibliography Grapevine Area History book,c. 1967. David Klempin,Historic Preservation Officer's 2011 conversations with Grapevine residents Bill and Elsie Watkins regarding the building of their house in the College Heights Addition c. 1965. Ancestry.com,Tarrant County TexGenWeb,Civil War Veterans of Northeast Tarrant County,Hezekiah A.McKibben, Compiled by Michael Patterson 2008-2010, http://www.rootsweb.ancesLy.com/—txtarran/military/`mckibben hezek apdf Find-a-grave.com, htip://www.frndagiave com/c�i- bin/fg.cgi?page=gr&GSin=Crowley&GSfn=Cleve&GSbyrel=all&GSdyrei=all&GSob=n&GRid-13026216&df—all& Texas General Land Office land grant survey records,abstract no. 1029,Tarrant County,Texas 17. Attachments District or Site map Additional descriptive material _ Site Plan Footnotes x Photo Other( ) Designation Merit A. Character,interest or value as part of G. Identification as the work of an archi- the development,heritage or cultural sect or master builder whose individual characteristics of the City of Grape- work has influenced the development vine,State of Texas of the United of the city. States. B. Location as the site of a significant H. Embodiment of elements of arclitec- listorical event. rural design,detail,materials or craftsmanship which represent a sig- nificant architectural innovation. C. Identification with a person or persons 1. Relationship to other distinctive build- x who significantly contributed to the ings,sites or areas which are eligible culture and development of the city. for preservation according to a plan based on historic,cultural or architec- tural 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 K. Archaeological value in that it has group of people in an era of history produced or can be expected to pro- characterized by a distinctive architec- duce data affecting theories of historic tural style. or prehistoric value. F. Embodiment of distinguishing charac- L. Value as an aspect of community sen- teristics of an architectural type or timent or public pride. specimen. Recommendation The Grapevine Township Revitalization Program re- quests the Grapevine Historic Preservation Commis- Burl Gilliam,Chair sion to deem this nominated landmark meritorious of Grapevine Historic Preservation Commission designation as outlined in Chapter 39,City of Grape- vine Comprehensive Zoning Ordinance. David Klempin Further,the Grapevine Historic Preservation Commis- Historic Preservation Officer sion endorses the Preservation Criteria,policy recom- mendations and landmark boundary as presented by the City of Grapevine Development Services Depart- Scott Williams,Director ment. Development Services Department 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 seii e 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 mi property. ------------------------------------------------------------- Yes,I am interested in obtaining a bronze Historic Alarker(medallion and text plaque) for my property from the Grapevine Historical Society. Below for office use only MEE GC Historic Preservation Commission's F Historic Preservation Commission's Historic Landmark Plaque. Historic District Plaque. 11 Grapevine Historical Society's Historic Landmark;darker. S � ---------------- 1 i i i C Historic Landmark Marker, C Historic District Marker, C Historic Landmark A4arker, I Historic District Marker, existing GHS marker. existing GHS marker. new GHS marker. new GHS marker. Design Guidelines attie "Dora" McKibben House 209 Austin Street Grapevine, Texas Grapevine Township Revitalization Project, Inc. City of Grapevine 636 South Main Street Grapevine, Texas 76051 July 22, 2015 Table of Contents PREFACE I. SITE ■ Setbacks • Driveways, Parking Lots • Service and Mechanical Areas • Fences I1. BUILDING FABRIC • Preservation ■ Exterior Finishes ■ Windows III. EMBELLISHMENTS ■ Awnings-Canopies • Exterior Lighting IV. NEW BUILDING CONSTRUCTION ■ Infill • Additions to Historic Buildings Page 2 Preface A fps _ era Mattie"Dora" McKibben House, c. 1912 209 Austin Street (Corner of Austin Street and East Estill Street) Photo c. 2015 This 1,320 sq. ft. single-family one-story residence with detached garage is situated on a corner lot at Austin Street and East Estill Street in the College Heights Addition of the City of Grapevine. The house is set close to the street allowing for a large back yard space. This original Folk-Victorian style house consisting of three rooms in a T shape plan featured a steeply pitched hip roof and was built in 1912. A front and back porch with shed roof were later enclosed to become small rooms. A later addition built with a slab on grade foundation was added across the north face of the original house. A one-car detached garage with storage area was constructed in the back yard in the 1950s. The house today is severely deteriorated with a failed foundation due to a lack of critical repairs to the foundation. The house was recently condemned by the City of Grapevine due to its deteriorated condition. This property is located in the College Heights Addition that is listed on the National Register of Historic Places. It is included in the Original Grapevine Township boundary. This area encompasses some of the most concentrated and intact collections of late nineteenth and early twentieth century houses in the city of Grapevine. The surrounding contributing sites with structures erected between ca. 1889 and ca. 1950, represent the efforts of many of Grapevine's leading merchants and professionals, as well as farmers and wage earners during the period of significance. This area provides some of the city's best examples of buildings associated with people and events that made significant contributions to the history of Grapevine. Page 3 This land tract was originally surveyed on April 11, 1854 by A.G. Walker, Deputy Surveyor, Robertson Land District 311 Class. On January 22, 1845, Esther Moore claimed 320 acres on a pre-emption grant from public domain *, which included this property, filed with the Robertson Land District and the Denton Land District, five years prior to the formation of Tarrant County. On October 18, 1912, Mattie "Dora" McKibben purchased this lot to build a house. She was the daughter of Grapevine pioneers Hezekiah A. and Nancy Willingham McKibben. Dora, the sixth of nine children, was a schoolteacher and taught in Fort Worth and Grapevine schools. Dora McKibben never married. (Dora McKibben died in 1965 and is buried in Bedford, TX.) On July 17, 1944, Miss McKibben sold the property to Noah C. "Cleve"and Cornelia Berry Crowley. Cleve Crowley was one of 15 children born to William Jasper Crowley (six children to Martha Jane "Mattie" Short Crowley who died in 1887, and nine children born to Lola Denton Crowley.) Cleve and his brothers were in a band called the "Rabbit Twisters"who played on WBAP Radio on Saturday mornings, and at social events in the Grapevine area. Cornelia Crowley died in 1973 and Cleve Crowley died in 1983. Both are buried in Grapevine Cemetery. On January 9, 1974, the Crowleys sold the property to Mauricio Viera and Asencion Reyna Rios. Mauricio died in 2006 and is buried in Grapevine Cemetery. Asencion still lives on the property. * Pre-Emptive Grant - From 1845 to 1854 homesteaders could claim 320 acres. From 1854 to 1856, and 1866 to 1898, up to 160 acres could be claimed. Homesteaders were required to live on the land for three years and make improvements (such as building a barn) in order to qualify for a pre-emption grant of 160 acres. SITE 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 residence'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, a residential setback should retain the setback of adjacent and nearby structures, with landscaping along the street right- of-way. Residential buildings with a commercial use in residential areas should be set back in a manner consistent with setbacks of neighboring or similar residential structures. Page 4 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 in the Historic District. 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 fagade line; it will screen unsightly views; and it will provide a level of security by allowing views to and from the sidewalk. FENCES Historically, fences around historic houses defined yards and the boundary around property and gardens. Wood picket fences, wood rail fences and barbed wire or decorative wire fences were the common fence types in Grapevine. Traditionally, picket fences surrounded the front of the house while rail and wire fences surrounded the agricultural portions of the property. Maintain historic fences. 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 fagade of a property. Utilitarian/privacy fences should not be installed in front of a historic building or beyond the line of the front facade of a historic building. 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 5 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 PRESERVATION Preserve, stabilize, and restore original building form, ornament and materials. Any missing or severely deteriorated elements may be replaced with replicas of the original. Ensure that roof, window, porch and cornice treatments are preserved, or when preservation is not possible duplicate the original building element. When rehabilitating, remove non-historic alterations. Often, "modern" renovations conceal the original facade details. If not, the original style may be recreated through the use of historic photographs. Where replication of original elements is not possible, a new design consistent with the original style of the building may be used. Reconstruction of building elements should reflect the size, scale, material and level of detail of the original design. Preserve older renovations that have achieved historic significance. Older structures or additions may have, at some time, been renovated with such care and skill that the renovation itself is worthy of preservation. Usually, such renovations may date from before 1940. EXTERIOR FINISHES Original wood finishes should be maintained and painted or, when necessary, replaced in kind. Modern synthetic siding materials such as vinyl or metal bear little resemblance to historic siding materials. The application of such modern synthetic materials often involves the removal of original decorative elements such as cornice, corner boards, brackets, window and door trim, etc. New synthetic siding shall not be installed; removal of existing such materials is not required, but strongly encouraged, to restore historic patina, finish and appearance. Original asbestos siding should be maintained and painted, or when necessary, replaced with synthetic siding to match the existing asbestos siding. The removal of asbestos siding over existing wood siding is not required, but strongly encouraged, to restore historic patina, finish and appearance. Page 6 Original masonry surfaces should be maintained and not be painted, unless severe deterioration of the brick or stone can be shown to require painting. If the color or texture of replacement brick or stone cannot be matched with existing, painting may be an appropriate treatment. Paint colors should be complimentary to each other and the overall character of the house. When possible, research the original paint color and finishes of the building's historic period; the right colors respect the historic building. The Historic Preservation Commission shall adopt, as necessary, a paint palette(s) appropriate to the district's character, 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. WINDOWS Original window framing and lites (panes of glass) configurations should be preserved and maintained or replaced in kind. When replacement is necessary, do so within existing historic opening. Replacement of non-original windows should consider the use of historically appropriate wood windows. Use same sash size to avoid filling in or enlarging the original opening. Clear or very slightly tinted window 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. 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 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 not be installed above windows or doors. EXTERIOR LIGHTING Lighting is an important element in residential areas. Fixtures should be consistent Page 7 with the historic character of the house. 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. NEW BUILDING CONSTRUCTION INFILL 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. ADDITIONS TO HISTORIC BUILDINGS Additions to historic buildings should replicate the style of the main building if possible; otherwise they should adhere to the general style with simplified details. As a minimum, new additions should reflect the massing, roof shape, bay spacing, cornice lines and building materials of the primary structure. All new wood or metal materials should have a painted finish except on some 20tn century buildings where the use of unpainted aluminum or steel was part of the original design and should be maintained. A new addition should, if at all possible, be located at the rear of the historic building. If this is not possible, the addition may be added to the side if it is recessed at least 18 inches from the historic building facade or a connection is used Page 8 to separate old from new. New vertical additions should be set back from primary facades so as not to be readily apparent from the facing street. When reproducing elements that were originally part of a historic building they should be replicated when evidence of the actual detail has been documented by photographs, drawings, or remaining physical evidence. If no evidence exists, elements typical of the architectural style may be used. Historic photographs can provide information on the original elements of the building. Page 9 Scok Bich a ReslCenYYal bkryn WOYtillkt Thik Chen h M prtgp�ry nl Snnk euchenwn Rekkenrd a.�k.nk nkn<s.n, S I0016'17"W 64.46' I V SIDE YARD N NEW CONSTRUCRON 2-M GARAGE I .ire on mn non p� only.usa on by okxj N 21'-6 fZ" 22'-11" 20'-0" k pwnron a r I I C ( 43'-2n 15•Dn Ln O <`> g 0z fn CO O —i m CJ A > g f\ N > $I 9 g QCo (n {7 a m > N NEW CONSTRUCRON ; 2•ST�tY HOME ; I w .N C �n n G t� ( i CL< d CL(m f6 U cat 0 rs f PR_CHO 1ZFRON BUILDINGUNE S DO.16'17"W 64.16' AUSTIN STREET ts- Scale: SCALE: 1"-20' LOT 1&2 x_ 1W;lN_;TT1 COLLEGE HEIGHTS ADDITION 7 14 15 SNe Plan Site .,`. nv IfA• n.�, ny. tv-f�r 1rAmy Irr frr fAlIS' rAlsS' B-�' 52wa eva..,an Neabanfa!Demon mr-r ff. - YmPYPMMBc Y yI A Imia ofan Nrn P�Mn;p Sa( auchanm kakkHM LAUNDRY IrIP OM WPR �' rAl• 6�9Q d' �irwr�Man�mnMritM le m 191y PK — -�,- 1RA1� •I," Am ` ; � fX.IL .� 91 ran.adKUon ti eMc9y _ •>F' rr DINING I I r K y, vawaa�d.Tm,pan m MUD �I( w '�� 1 I b IC bl vetE for Nc loi aae 1 I _ aj e.f bA.wamn 1 I Mdcxed MX pm aV�r�a. � 1 I Y � a'dl U arc/oAinr • � �C� � � IOOtIB� 1 I � sMe Ma�Nd 7 Y7 - m"ar i ip GREAT ROOH d --I R 8 b -t v 2CARGARAGE h 3I a I! i i fig �' f"1 "I q ® uaas IY� .1 «r w lar nAr etntal rn CJ �`ow �IEN 'J 11 x amp-weds r Lo C -d d d'hd y r f i i MirHn �� rx" f, to (o r NfAS• rr r-r u4i, r-In ron°�IV � 7 N h rr6 I ° `—(1U ny i I vlrwm —3 fusoai i i I 4 v �aCd = X 2 s :u d CLJ rr ref' 4 -� zt I M CIASET n L D 'ram • raa y U) ;� C MASTER BEDRDDR( °i --A-y Ir-r r zar' r Q Q m 9 CL P M BATH `r' �' Q.Q) CO r di t4MP sea h O p L uw i rr stUf fiw b r oil Revision I Lm I M fIN Af 1X .2 • 3t gl ? gl f r f " P P P it r JI, nrh' vIs Pr rr If�S' rr alr >.o�Hf' - nw• 21'r w-u• Ur FIRST FLOOR PLAN Scale: ma SQUARE FOOTAGE OUTSIDE OF FRAME S.F. 7 14 15 FIRST FLOOR -- 1825 SQ.FT. _.. --- ECOND FLOOR 999 50.FT. % TOTAL LIVING 2815 SQ.FT. FM FIm Plan ARAGE 498 SQ,FT. J�_� RONT PORCH 275 SQ,FT. N 3588 S.F. f,. �Y-1P --.-- ®Ccp.rpea S11t5 ]/d 10Y Scex Bieivnn Rs.SMeNy aesipe x xx i W41C. 1 � wwrnorswn I ` � .. &KMnan RenJer�Gy 1 6 — bft eye Pa4p oesweo• .ee y r BBNt00M 3 a ro *� 1 1 t •pmdclbn k eb4tly 1 1 prohbNed.TNe pbnh 1 to be used b•the lot �. �7S' I ll'-P 1*Pf' end eWu6rivo hNkated en Aro plx 1 w N u on�onw ( ' 1 prohRned. ..O Frt I IMP 11 r- _ f z o ` LOFTS D c"? < rn t'} Wig' trn 00 N ., strnu rna 1 --------------- -AC Oj j_. Z 1 Tat -" 2? r Srr C 'Z i tam 8EIMMM 2 a.Q O7 - DPr.SKARFA' .oerrmina memvoa: � r 0. !Z > (�0 R, 0 cv(,"f 170 v j lro ,r; � Revision 1FSP _ SECOND FLOOR PLAN Scale. WALE r-i-a SQUARE FOOTAGE OUTSIDE OF FRAME 1 S.F. 7,14,15 FIRST FLOOR 1825 SQ.FT. . SECOND FLOOR " SQ.FT. TOTAL LIVING 2815 SQ.FT, Second Floor Plan ARAGE 498 SO.FT. A-3 FRONT PORCH 275 SO.FT. 3588 S.F. x �`- Scot/B;eMrum ResMenCnl Oc�gn •I •_.. �&KMnenR� .._..._._.. _._........I I i' Uaz M1fN .".. emer,nnn nw+c�eeaa S v:ssma wdp uce cnrg oe,er ROAM k" Aw to 13 ; f,—e rl7 ice .+^"vt"1 '' .'_.— _.__......_..._.. __._. _. .._ y-+ N " ' 1 � S « ".O ; ROOF PITCHES =Ma U o N 0 5:12-(O.H.T-0-U.N.O.) r- r u\ ROOF PLAN T s�ele' 7,14.15 Roof Plan A-4 R .S. u xob e�wnon ReabeewJ Desyn ��SF ed �.rpuc � � TMbllMMll[ _ ^'�`�q� ep� d�x >Z 12 atmmar ova Ab d�a,e { RRNwm LR Daegna.x'd p-p oopgg �� VTR. 7p�e_ � _T� etl�e�V�an xM��Mzcdh @ 4 WNLL —_ _— n�'M pehAnbN.A,sugar MMdiAr0.n h.fexdY by pl. � panbMed.Tnispmis T:Qt. Indcfled an dds pbn mAwxRxnttt $ `� — - — — e^ro u,:m.�Tana• Tip,� a h pdab�a arrlrion ..� ,,•" ,_ a�eaTm a. aTm . ,soee�mem � a a'a�s'. ffimeaem na � � n GARAGE REAR ELEV. LEFT ELEVATION CO UUHill N c.F Oda) N W011L O Revisions r � TAP. lamtnv TAP. smY�Tp. _ b vw9mow - MRIL' Man 7$R ... _ TAP. TAP. TAT.' 19 mM 1RM.TM. _ aww 7m RIGHT ELEVATION A>�M GARAGE FRONT ELEV. z - r 9C/LLE:S6'el'-0• SG1E:S§'�3'-0' EfevaUons A-5 u 12 RCMEen®al mom 9fWWM �Tmr kla.� TM k vales ProgeMPl Scott 97Wp Bucbron gestlarYN TA. oK§e nP perm Pry resmre nT mx. —am h --� dhel Plan aPM1MteEu sMCTPNtnlni Airy �IRII --lQIIL9 u° M, tTTM91rM. �R1L srReA<P h` ' P�Hed.THs day.CS _ —_—_—_—_—_—. — Tgg � to be sReE MPe Mx Ommfmas qztsm=T u'1ImIsM, — e.W subt6vhyn M TAMP. �n6caletl en aYs pWs ® ICN t] yi.�P ^M'U emarp oTe �aJ sM b CmFNnb0. S � SA091BfB=NxaDA A 6mpGllml R lBtllGR ameqvwnmm k WRx palm GARAGE LEFT ELEV. FRONT ELEVATION �° cn C G a,j Y FX C� tarps ! ' c c c « � .(n c - a) r : a d Co _-i Rt :D x-Q TAA. -arre�osnoa �r amnoramnit icu�rtw P� -� emo samxT b mum palm wpm WR& -- - GARAGE RIGHT ELEV. 7.1415REAR ELEVATIONhg Eta s' A-5A ELECTRICAL NOTES --wu�eernara►mrzawmmr Le alOaMiBa OeN W m//tlPOlwt! a. 1�00®/M6WtlIEM �wm9aneaaraawcNem 0aaurwaaass raewaN�arww+ea4areeauwi srnD er�,m i ma�a�naswaalormlmv®lasa aaarorEaa®ea�aaaanaart Raked W spn ELECTRICAL LEGEND awm MUD sDlcN D"N+9iv4 My \ �' 1 1 {. rwm+uexenk ekcly � pvh6lted,hh gank b M wrtl br Yr M P1W4AY y — wD. i euRaaiaaai i w 4. '� ��'® 1 i GWAT yy kprM�wbE. mlm®aelaareruE .. I 'art m!, i j t ROOF4 a+enorouaaamear4c 6 1' �. ti �1. �� `ea �I murmwcanutanan / GARAGE um Ln O rmr*xaaawoxlRremq � � � .' '• ,.....4. ,�.a ,ton to WIC n3 oe 4._... . 4. 4 $ 1 4 �.sTOR — ! � eATFt2 1. O rwammcwaa _ 1t ,. i . ® 41. a !`11 fin `.. .. V Y C aauamir i i - r r m rb \ mraTo ro �oa „ U o C� 1 \ N MASrER BEDROOM STUDY aurtuaa �'.z ..ritt Revkron c RIR�ittalR -!' No ® nWa■■osauae � Ci �'" 4 _....R :.; � �' r�.. .�G. —.s'. ". 4 --- E °� '; meiroaai - " i FIRST FLOOR �' ELECTRICAL PLAN o z t sce�: �:k'-ram z `u n -x. Ct rnb 7.14.15 s 00 <-v Ffm Flow Elacviral ELECTRICAL NOTES .Kiasv.,saytrt.mr.m.m® w;wlaaeFm�awwturawa anmearraere.Ki�mmu�wmme imt10l1wOR�l/1PNftCtIP�i6H i 'nr°°`�`tarer WwNwn mom si n a— �nteorsEwm«eawmoniwosa �� •wic BIOtORmlitltlltaEltUtslUK,ld1l1 ..� ..:�'`,�, -....." i ItI�IIIOt®MO/e1M1lOKttl�LIMmOIA ... ..._.-..- ya�� ' 6ClAmIlIMLLtMIM{ JH ELECTRICAL LEGEND ., BEDROOM 3 re � eue.u,e wrcw.c.ea n i : tmrr es+� ---i so-keywens�ua�y ravr.a=xo, � ioivaae i �� aentame Tw q.�is —sys.bOa nr aaar{reer i t , t -� Mrocome,e ns dr WP Fl mPmf�@1W! •� Crn JNCI4IAlR1tI a=FK 1MIm10.M11tatIMrO p�i l�� t/ co ® RlitfJYARIBif \%P ; Lon ® essuistoue • �BNiTH d T' gay rm Ruv N h . ' wexyeiot (n 0, -� J i- STOR. o mswt R. {Ii CEI as •p muwmitnurwomm� - '•� t ✓qa -__.....__.....__._.._._...._ '++ C ap '�`, `�-__ _'-®'_ �@� BEDROOM2 Cn :_. C t� amey � ye� RSo} _ aeemnK DESla ,a_t :.. C C O1 `°. AREA %" WIC - w. Q CL CL u (^�/ BATH 0'. ( 'c i' uatr O maw omommmumw "' �...� .... .. _ ..._... .. _. U N 0 -' `` Revision R1CIramlfltMrf :"T ..-'" A .�i^^kf m :J G} C7 r C rn SECOND FLOOR 7 +m0o X o -"I — ELECTRICAL PLAN `Scale: 'moo scut:�-ra• 71415 f Secmd Floor Elmt,kAn%an t Y E®G , RedUenNY a®bD Tait M&+k tl+e pmpembf 6cpP a,xbar�en RatHmWM �rafpn.AP ry�h am R:erved bP C4 6eHp,ee'aM arty n9a ZINn eea+vlMd b toktlP Droe .Arty rcpbebCPen o taktly pmbMtRd.Tyt dan 4 4 be+uetl lerlha bt xd.000 ba YMicstea on h4 pter muy'Use t . m m4¢E+m pRh6Med, LLH fill unliuu Hill IIIII CD T� (n co E h —-- — to ❑ ao 77-- x ®® FRONT ELEVATION FRONT ELEVATION o m Cl. ,zo3 AoSToJ PT .s o Revision rt rn sc . 4 r rn o 7.14.15 7 Z cn 's1Uf r I 'iJ U Eievatlons 2 EI@Ve ORDINANCE NO. & l5S-b 5r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL15-05 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73(APPENDIX"D"OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEAGALLY DESCRIBED AS THE SOUTH'/2 OF LOTS 1 AND 2, BLOCK 101, COLLEGE HEIGHTS ADDITION OF THE ARCHIBALD LEONARD SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED"R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE MATTIE"DORA" MCKIBBEN HOUSE HISTORIC DISTRICT PRESERVATION CRITERIA; 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); 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 and 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 (HL15-05) 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 "R-7.5" Single Family District Regulations within the following described property: 209 Austin Street and platted as South �Y2 Lots 1 and 2, Block 101, College Heights Addition of the Archibald Leonard Survey, more fully and completely described in Exhibit "A", attached hereto and made a part of hereof; and, in addition thereto, the adoption of the Mattie "Dora"McKibben House Historic District Preservation Guidelines as conditions, regulations and safeguards ORD. NO. 2 in connection with the said historic landmark subdistrict, a copy of said criteria being attached hereto and labeled Exhibit "B". Section 2. That 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. That 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. That 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. That 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. ORD. NO. 3 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of October, 2015. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4