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HomeMy WebLinkAboutORD 2022-089 ORDINANCE NO. 2022-089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DESIGNATING A HISTORIC LANDMARK SUBDISTRICT HL22-06 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX “D” OF THE CODE OF ORDINANCES), DESIGNATING A PORTION OF THE AREA LEGALLY DESCRIBED AS ABSTRACT 518, TRACT 10J1A, FOSTER, A. HEIRS SURVEY (201 BALL STREET) AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED “GU”, GOVERNMENTAL USE DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE 201 BALL STREET 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 HL22-06 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 "GU", Governmental Use District Regulations within the following described property: a portion of 201 Ball Street legally described as Abstract 518, Tract 10J1A, Foster, A. Heirs Survey and as shown in Exhibit "A", attached hereto and made a part of hereof; and, in addition thereto, the adoption of the 201 Ball Street Historic District Preservation Guidelines as conditions, regulations and safeguards in connection with the said historic landmark Ordinance No. 2022-089 2 HL22-06 subdistrict, a copy of said criteria being attached hereto and labeled Exhibit "B", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the location shown in Exhibit "C". 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 Ordinance No. 2022-089 3 HL22-06 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 December, 2022. William D. Tate Mayor ATTEST: City Secretary APPROVED AS TO FORM: i\,* o..)- (z Matthew C.G. Boyle City Attorney Ordinance No. 2022-089 4 HL22-06 EXHIBIT "A" 201 Ball Street Abstract 518, Tract 10J1A, Foster, A Heirs Survey Desiqn Guidelines 201 Ball Street Grapevine, Texas Grapevine Township Revitalization Project, Inc. City of Grapevine 636 South Main Street Grapevine, Texas 76051 September 28, 2022 Table of Contents PREFACE I. SITE ■ Setbacks ■ Driveways, Parking Lots ■ Service and Mechanical Areas ■ Fences II. BUILDING FABRIC ■ Preservation ■ Exterior Finishes ■ Windows III. EMBELLISHMENTS ■ Awnings -Canopies ■ Exterior Lighting IV. NEW BUILDING CONSTRUCTION ■ Infill ■ Additions to Historic Buildings Page 2 Preface 1858 Bushong Cabin 1 Early appearance The tract is owned by the City of Grapevine and is the northern most portion of five tracts which make up the Grapevine Botanical Garden property. The tract had long been open land until the City of Grapevine acquired it and developed the property for Park use. The tract is comprised of 1 acre in size and adjoins the north gate of the Botanical Gardens. A log cabin built in 1858 on the "Grape Vine Prairie" by George Bushong, has been donated to the City of Grapevine's Township Revitalization Project, Inc. by its current owner. It is currently located at 1610 Silverside Drive in Grapevine, Texas. Working with the Grapevine Park and Recreation Department Director Chris Smith, a plan was developed to relocate the cabin to this tract and to a spot near the north gate. New location for Cabin Page 3 The home was originally built in 1858 by George Bushong on the "Grape Vine Prairie", on land which later became owned by the Army Corp of Engineers. Mr. Bushong was an early settler and taught school in the community. He then leased acreage and built and operated the first cotton gin in the Grapevine area. He also built a saw mill and a flour mill in the area. A little over two years after his arrival in Grapevine (1858), Mr. Bushong mustered as an officer in the Texas Cavalry and later served in campaigns as far as Corpus Christi and the Rio Grande Valley. After his service, he returned to Grapevine where he made significant contributions to the cultural, economic, educational and civic development of Grapevine and the environs. SITE Retain the historic relationships between buildings, landscaping features and open Page 4 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. 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 Page 5 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 fagade 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. 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 Page 6 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. 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 Page 7 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 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. 611AYA:V]I191161[Kele]616"t1:01"1[a]01 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 (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. Page 8 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 20' 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 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. 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