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HomeMy WebLinkAboutItem 06 - HL08-01 311 East Wall Street ���� G C'i a��.�� _� �_ �_,1.��. - _��_-_-�—�- ��' z � � TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION � FROM: BRUNO RUMBELOW, CITY MANAGER �� SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO W MEETING DATE: JULY 15, 2008 SUBJECT: DEVELOPMENT SERVICE� TECHNICAL REPORT OF HISTORIC LANDMARK SUBDISTRICT HL08-01 „ � , „ r--� i � i i i i �_ �'—� ----------- --�(i ry�- `-__, Grapevine y�, APPLICANT: Ward Hayworth � Lake � oo��Aa i i`� i i i �• ` �y��' I.H.1635 "°rth'" ' PROPERTY LOCATION AND SIZE: _� ' bs P�e' � ,,�d \caE���o// cn 5? I � The subject property is located at 311 East Wall , � Street and legally described as Tract 43, Abstract � � Hall-Johnson Sy,�,,o ADP=�a ; 946, Archibald F Leonard Survey � L, � � �,:..,_� I T----� o I L J ;� I °� Glade Rd. d I � F� c _i 0 � REQUESTED HISTORIC LANDMARK SUBDISTRICT AND COMMENTS: The applicant is requesting a Historic Landmark Subdistrict designation for property located at 311 East Wall Street and legallv described as Tract 43, Abstract 946, Archibald F Leonard Survey to be known as the Mary Barclay House. The Historic Preservation Commission at their April 23, 2008 meeting adopted the preservation criteria for the subject property known as the Mary Barclay 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. The applicant intends to restore the house to its original appearance as a home for a retired family member. See the attached preservation criteria. ` O:\ZCU�HL08-01.4.doc � July 7, 2008 (7:49AM) PRESENT ZONING AND USE: .�,�,�... The property is currentiy zoned "HC" Highway Commercial District. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the surrounding properties to the north, east, and west were zoned "C-2" Community Business and to the south R-1" Single Family District prior to the 1984 City Rezoning, SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "HC" Highway Commercial - various commercial businesses SOUTH: "R-7.5" Single Family District - First Baptist Church EAST: "HC" Highway Commercial - non-conformed single family residence WEST: "HC" Highway Commercial - proposed office building 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 not an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a "CO" Commercial land use. The applicant's proposal is in compliance with the Master Plan. /sb 0:1ZCU\HL08-01.4.doc 2 July 7,2008 (7:49AM) , , �,�,. �� ° z3� � �` _ � _ I �'� � f �� _ sze � � 1.49� es �. 3 zz� ao �����. ;:_ _..... � _n� 3R � : .�� CN�����x����� �D _. ... �. ��'.� � �4 lao��4��� _. � j 1A �y I �`�3�� zz, C I'�;'�a �: ��'- � � `� >- � Zoa 2.905 �-s���' �-���= . 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APPLICANT/AGENT NAME Ward O. Hayworth COMPANY NAME ADDRESS 311 East Wall Street CITY/STATE/ZIP Grapevine, Texas WORK PHONE 817-917-5043 FAX NUMBER 2. APPLICANT'S INTEREST IN SUBJECT PROPERTY Owner 3. PROPERTY OWNER(S) NAME Same ADDRESS CITY/STATE/ZIP WORK PHONE FAX NUMBER 4. ADDRESS OF PROPERTY FOR HISTORIC LANDMARK DESIGNATION 311 East Wall Street LEGAL DESCRIPTION: A 946 Tr 43 , ADDITION Arch. Leonard Survev S1ZE OF SUBJECT PROPERTY ACRES SQUARE FEET METES & BOUNDS MUST BE DESCRIBED ON 8 1/2" X 11" SHEET 5. PRESENT ZONING CLASSIFICATION Hiqhway Commercial 6. PRESENT USE OF PROPERTY Residence 0:1ZCUIFORMSIAPPHIST 1/06 www.ci.grapevine.tx.us APR 17 `t006 7. SIGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACING A HISTORICAL LANDMARK SUBDISTRICT REQUEST SIGN ON THE SUBJECT PROPERTY. 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 BE RESCHEDULED TO A LATER DATE. APPLICANT(PRINT) Ward O. Hayworth APPLICANT SIGNATURE OWNER (PRINT) Ward O. Havworth OWNER SIGNATURE � The State of ��a.`� � O:�ZCUIFORMSIAPPH IST 1/08 www.ci.grapevine.tx.us ,�.�,��. _.� w . � ,�,.,.. .��.. APR 1 fi t008 County of �a,t�r Q,,y`,f Before me rc� �, Or-� on this day personally appeared known to me (or proved to me on the oath of or through �� D L (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowiedged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this I�I� day of �Art I , A.D. �OQS SEAL otary Signature ��r r�s� J�DI C. BROWN =-� = s4otary Public � t; r� �+�e af TexaS --- _+���+- r,,,r;�;;-;;�. Expires 05-30-08= .-. ___-.. --z.=- The State of �ounty of Before me on this day personally appeared known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and: acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , A.D. SEAL Notary Signature O:1ZCUIFORMSIAPPHIST 1/06 www.ci.grapevine.tx.us GRAPEVINE HISTORIC PRESERVATION COMMISSION � HISTORIC LANDMARK DESIGNATION FORM 1. Name Historic Mary Barclay House And/or common 2. Location ! Address 311 East Wall Street land survey Archibaid F. Leonard Survey Location/neighborhood block/lot A 946 Tr43 tract size 3. Current zonin Highway Commercial 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 X site Accessible _entertainment _religious _yes: restricted _government scientific _yes: unrestr. _industrial transportation _no _military _other(vacant) 5. Ownershi � Current owner: Ward O. Hayworth phone: 817-917-5043 Address: 2757 Mesquite Lane city: Grapevine state: Texas zip: 76051 6. Form Pre aration Name &title David Klempin, HP Officer organization: Historic Preservation Commission Contact: David Klempin phone: 817/410-3197 7. Re resentation on Existin Surve s _Tarrant County Historic Resources 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 Ownershi original owner Mary Barclay „�..,,� si nificant later owner s Ma Hod es 12. Construction Dates original 1920 (accordin to tax records) alterations/additions 13. Architect original construction Unknown alterations/additions L. P Holcomb 14. Site Features natural urban desi n 15. Ph sica� Descri tion Condition Check One: Check One: excellent deteriorated unaltered X Originai site X good ruins X altered Moved (date:�) X fair unexposed Describe present and original(if known)physical appearance;include style(s) of architecture, current condition and relationship to surrounding fabric(structures, objects, etc.). Elaborate on pertinent materials used and style(s) of architectural detailing, embellishments and site details. The house was constructed in 1920 in a Folk vernacular style popular in the early 1900's. The steeply pitched front gable and side gable cradle the front porch at the southeast corner of the house. The original T-shaped plan was changed with the addition of a front porch enclosure and an addition across the rear of the house in the 1940's. The addition contains two bedrooms. Large one-over-one wood windows are used throughout the original house. � �= :' 'T s.�' F w. �'j ,"{. - '"t�+r �. � ~;..; #A �, s a. � �. �' s f�� ���� �'� "'str �;� a P` � > � ,� x,: � _ $, y5. Y:4f� `�,;� .�, ` `,. i '?" � �`� � � � :� � ' �L: ({ '� ? 1 _ r_ t , ) :a� �� .�.� �-�. _ ,�- ������-� �: k "i �' �� ' � �:..•s. .f . � �� r � -: , � � . , � � , . N„ � ` ;__. � 3.. _.,.. _�.��'��� �. � ° �+ ,:. ,�,.�._..,.'�,,.�,.�,�,� - � �� F y � �{��x�.��i�y � r-d�� S � � �f {. . �.. h �� '� �t'i54,.`[F��i.k'k'++[ L � �,�'s° � - 4� 1 • t.�a :.ig� . '. E . �� �� ..��'. r � � ?�. 3�� € w f g . + ,�t s�-�� ��,� ����� � � ���a� ��,��,�� x ��.£ �� � t i . ��"` � f � � �, '`�S`��"�",,.��.�,+�,t��.�2 r sr ,t`�"`��� a��'� '�'"���� w' �' ,�.#�ni� c t�'� � xt�r`�� F ��� .q $ `r �, t at �s �,� ���� �„�t t �. ������,. ��'���*�� ���'���fi��e f�s����«����� �� _ �. � _�?�`� ,.�;�.��.m���;�` ���r.�`�����.���.:Fj �'��4��`�'R,r. �}o.3F�`���..`�` :��Y 1_�.. .;��� 16.Historical Significance Statement of historical and cultural significance. Include: cultural influences, specia/events and important personages, influences on neighborhood, on the city, etc. The house was owned by Mary Barctay from 1930 to 1940. Cleo Tillery purchased the property and owned it until 1944 when it was sold to S. C. Ratliff who resided there for years. Later a family member, Mary Hodges owned the house until it was sold to Nick Tolotta in 1980. The new owner Ward Hayworth plans to restore the house to its original appearance as a home for a retired family member. A recent property survey revealed that the house has severe foundation problems. The house is in poor condition but could be rehabilitated. The rear addition containing two bedroom constructed in 1944 has low ceiling heights and foundation problems. Its roofline does not follow the pitch of the original house. The owner is requesting to remove the rear addition and restore the elevations of the original house. Also requested is the removal of the infill walls in the front porch and to restore the porch to its original appearance. 17. Biblio ra h McAlester,Virginia and Lee. A Field Guide to American Houses. New York:Alfred A. Knopf, 1995. Tarrant County, Texas. Offices of the County Clerk and Tax Assessor. Deed and tax records. Young, Charles H. Grapevine Area History. Dallas, Texas, Taylor Publishing Co., 1979. 18. Attachments "�'" District or Site map Additional descriptive material Site Plan Footnotes X Photos (current) X Other(deed and tax records) � �� ��.�.��. _� �..,_ Desi nation Merit X A. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Grapevine, State of Texas of the United States. _B. Location as the site of a significant historical event. _C. Identification with a person or persons who significantly contributed to the culture and development of the city. _D. Exemplification of the cultural, economic, social or historical heritage of the city. _E. Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style. _F. Embodiment of distinguishing characteristics of an architectural type or specimen. _G. Identification as the work of an architect or master builder whose individuai work has influenced the development of the city. _H. Embodiment of elements of architectural design, detaii, materials or craftsmanship which represent a significant architectural innovation. X I. Relationship to other distinctive buiidings, sites or areas which are eligible for preservation according to a plan based on historic, culturai or architectural motif. _J. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the city. _K. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric value. _L. Value as an aspect of community sentiment or public pride. Recommendation The Grapevine Township Revitalization Program requests the Grapevine Historic Preservation Commission to deem this nominated landmark meritorious of designation as outlined in Chapter 39, City of Grapevine Comprehensive Zoning Ordinance. Further,the Grapevine Historic Preservation Commission endorses the Design Guidelines, policy recommendations and landmark boundary as presented by the City of Grapevine Development Services Department. Burl Gilliam, Chair David Klempin Grapevine Historic Preservation Commission Historic Preservation Officer Scott Williams, Director Development Services/Building Official ��. Desiqn Guidelines Mary Barclay House 311 E. Wall Street � Grapevine, Texas Grapevine Township Revitalization Project, Inc. City of Grapevine 200 S. Main Grapevine, Texas 76051 April 17, 2008 � _ . :..�,�.�.,,� .,m �.r�«� _ : �'s`°`° 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 ��. The house was owned by Mary Barclay from 1930 to 1940. Cleo Tillery purchased the property and owned it until 1944 when it was sold to S. C. Ratliff who resided there for years. Later a family member, Mary Hodges owned the house until it was sold to Nick Tolotta in 1980. The new owner Ward Hayworth plans to restore the house to its original appearance as a home for a retired family member. A recent property survey revealed that the house has severe foundation problems. The house is in poor condition but could be rehabilitated. The rear addition containing two bedroom constructed in 1944 has low ceiling heights and foundation problems. Its roofline does not follow the pitch of the original house. The owner is requesting to remove the rear addition and restore the elevations of the original house. Also requested is the removal of the infill walls in the front porch and to restore the porch to its original appearance. ,� -�:�,;� �1- t�� �a- � v �� �. ►t ����,� � ��� � • ���. � � �.. � .r �s .�t;. :..� � �.�� . �- '� �� 'r LL�' ,�' �—� : �"'. �` `�' ` , � �° , . _s t:: .�`t�l . X:i:^ �° �.Sj �j �, � �;�' .�� �'�`:� i � ,j. >':� 3_ _.. � � 4 �:��� �: �� � r --\�-`��� ..' x 1(� i 2}. ..� . _,,. „ t� . --• '-�� � �i� , , -�:>� , .. ..•.: : _ ...-,....-. , -_aa'>�', ' ; � �ir ..> .",i^rc..+��.. ..a:� f �Y �� _ � , - � ��� a€ 5 �s V � r 3� � '� ���`r ���r ; > , . - � , , _ , . _ .; _., ..;,,,., , : ,� s ; � : ,'� � � F= `T 3.:� �-`�.'.,,<'�'�w �� r3�� x��-r � � '� } t��.. :_o i �:�"�`,�t"`�`� s�: �r.'r,�k.M f �-�` �. � - � a w 7€'�4 "�&�� �F ;,�"�yay�,�..er �5..'��ue�r, '�..+.�. �,•�• d5 1 - �-�,� ?: u _ . ,.._�Z 8 . .,� ..."�'t.�. _ h , ,. . .., ...i'�'sII Tsrs#F�ii.r r^..�,.._ . . . ... ., . . ._,.,� _. Mary Barclay House 311 East Wall Street The house was constructed in 1920 in a Folk vernacular style popular in the early 1900's. The steeply pitched front gable and side gable cradle the front porch at the southeast corner of the house. The original T-shaped plan was changed with the addition of a front porch enclosure and an addition across the rear of the house in the 1940's. The addition contains two bedrooms. Large one-over-one wood windows are used throughout the ''"� Page 3 ��.� v, _ �. . aN.s original house. 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 bui(dings with a commercial use in residential areas shou�d 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 fa�ade 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. Page 4 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 fa�ade 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. 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 '�''' Page 5 �.�.�:,�,.�...�. .,.,_ . ._,, .. 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. 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 districYs 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 Page 6 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 inetal 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 fi�ures 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. Judgment will be based on the compatibility of the design within the context of the properties 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 e�erior building finishes for the historic house. Fake brick or stone or gravel aggregate materials shall never be used. � Page 7 ADDITIONS TO HISTORIC BUtLDINGS 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 20th 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. Page 8 � � ��L-- n�� ORDINANCE NO. � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTICT HL08-01 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX"D"OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS TRACT 43, ABSTRACT 946, ARCHIBALD F. LEONARD SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT; PROVIDING FOR THE ADOPTION OF THE LOIS STEWART 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 otherthings, 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 (HL08-01) 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: 311 East Wal� Street and legally described as Tract 43, Abstract 946, Archibald F. Leonard Survey, and in addition thereto, the adoption of the Design Guidelines as conditions, regulations and safeguards in connection with the said historic landmark subdistrict, a copy of said criteria being attached hereto and labeled Exhibit "A". ORD. NO. 2 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 forthe 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 x,; ,.�, x��..� . �.;�.� � .�.� ..�,�..�,..��. �,,,�.. ��-,������.:.� , PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of July, 2008. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4