02-C&D Historic Overlay Dist 14
DRAFT
F:ATTORNEY\ORDWORK\CURRENT\ 12-12-05 Zon Ord #2 (Historic Overlay Ord Dist 14 -546 Pine Bluft)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE
CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES
ESTABLISHED BY THE ZONING MAP OF SAID CITY; DESIGNATING
THE STRUCTURE ON PROPERTY LOCATED AT 546 PINE BLUFF, IN
THE CITY OF PARIS, TEXAS AS AN HISTORIC STRUCTURE AND
ESTABLISHING AN HISTORIC OVERLAY DISTRICT NO. 14 (HD-14) ON
THE AFORESAID PROPERTY IN ACCORDANCE WITH THE
RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION
AND THE HISTORIC PRESERVATION COMMISSION; PRESERVING
THE RESPECTIVE EXISTING USE AND ZONING DESIGNATIONS OF
THE PROPERTY SO DESIGNATED; DESIGNATING THE BOUNDARIES
OF THE HISTORIC OVERLAY DISTRICT NO. 14 (HD-14) SO
ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED
$2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a
request from the Paris Historic Preservation Commission, following notice to the owner and a public
hearing thereon, for an amendment to the zoning ordinance of the City of Paris to designate the
structure on property located at 546 Pine Bluff, in the City of Paris, Texas, as an Historic Structure
and to include said property in a newly created Historic Overlay District No. 14 (HD-14); and,
WHEREAS, the City Council has subsequently referred said request for amendment to the
Planning and Zoning Commission for its review and recommendation in accordance with the City
zoning ordinance and State law; and,
WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said
proposed amendment to the City zoning ordinance and, following said hearing, made formal
recommendation to the City Council regarding said proposed change; and,
WHEREAS, the City Council of the City of Paris did subsequently conduct a public hearing
on the aforesaid proposed amendment to the City zoning ordinance, and having considered the
recommendations of the Planning and Zoning Commission and the testimony and evidence
introduced at said public hearing, found and determined that approving the aforesaid zoning change
would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning
ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the
citizens of the City of Paris; NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF P ARlS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No.
1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that the structure
on the property located at 546 Pine Bluff in the City of Paris, Texas, be, and the same is hereby
designated as an Historic Structure and that an Historic Overlay District No. 14 (HD-14) be, and the
same is hereby, established on the aforesaid property, as recommended by the Paris Historic
Preservation Commission and the Planning and Zoning Commission, so as to include in such
Historic Overlay District No. 14 (HD-14) the hereinafter described property, while preserving the
respective existing use and zoning regulations ofthe property previously designated thereon, and that
the boundaries of said Historic Overlay District No. 14 (HD-14) be, and the same are hereby,
established as follows:
SITVA TED within the corporate limits of the City of Paris, County of Lamar,
and State of Texas, being part of the Larkin Rattan Survey, Abstract No. 778, and
being all of Lots 2 and 3 of Block 36 of the Plat Records (not recorded) of the City
of Paris, Sheet 6, and also being all of a called Tract One (Lot 3) and Tract Two (Lot
2) tract ofland described in a deed to Bradley D. King, et aI, and recorded in Volume
1087, Page 168, of the Real Property Records of Lamar County, and being more
particularly described as follows, to wit:
BEGINNING at a 1/2" ironpin(s) for a comer in the South Line of Pine Bluff
Street, same being the Northeast comer of said Lot 3 and Northwest comer of Lot 4
of said Block 36;
THENCE S 00028'29" W with a fence line, along the East Line of said Lot
3, and along the West Line of said Lot 4, a distance of211.764' to a 2 1/2" chainlink
fence comer post (f) for a comer, in the North Line of Lot 5 of said Block 36, same
being the Southeast comer of said Lot 3 and Southwest comer of said Lot 4;
THENCE N 89048'28" W with a fence line, along the South Line of said Lot
3, and along the North Line of said Lot 5, at approximately 27', passing the
Northwest comer of said Lot 5 and Northeast comer of Lot 7 of said Block 36, and
continuing same course, at approximately 87', passing the Northwest comer of said
Lot 7 and Northeast comer of Lot 8 of said Block 36, and continuing same course,
in all, a distance of 110.225', to a 2 1/2" chainlink fence comer post (f) for a comer
in the North Line of said Lot 8, same being the Southwest comer of said Lot 3 and
Southeast comer of Lot 2A of said Block 36;
THENCE N 00031 '34" W with a fence line, along the West Line of said Lot
3, and along the East Line of said Lot 2A, a distance of 81.990', to a 2 1/2" chainlink
fence comer post (f) for a comer in the West Line of said Lot 3, same being the
Southeast comer of said Lot 2 and Northeast comer of said Lot 2A;
THENCE S 89024'06" W with a fence line, along the South Line of said Lot
2, and along the North Line of said Lot 2A, a distance of 91.910', to a 2 1/2"
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chainlink fence comer post (found) for a comer in the East Line of Lot 1 of said
Block 36, same being the Southwest comer of said Lot 2 and Northwest comer of
said Lot 2A;
THENCE N 00018'41" E with a fence line, along the West Line of said Lot
2, and along the East Line of said Lot 1, a distance of 130.361 " to a 1/2" iron pin (s)
for a comer in the South Line of said Pine Bluff Street, same being the Northwest
comer of said Lot 2 and Northeast comer of said Lot 1;
THENCE N 90000'00" E with a fence line, along the North Line of said Lot
2, and along the South Line of said Pine Bluff Street, at approximately 90', passing
the Northeast comer of said Lot 2 and Northwest comer of said Lot 3, and continuing
same course, in all, a distance of203.929', to the place of beginning and containing
0.8155 acre ofland, being number 546 Pine Bluff.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed
to change the Zoning Map ofthe City of Paris in accordance with the provisions of Ordinance No.
1710 and the land use map accompanying the same, and in accordance with the provisions of this
ordinance.
Section 4. That the following historic preservation standards shall be and are hereby adopted
to apply to the aforesaid property included in the Historic Overlay District No. 14 (HD-14)
designated herein, in accordance with the terms and provisions of Article VII to Chapter 7, Sections
7 -151 through 7-164 of the Code of Ordinances of the City of Paris, the Historic Preservation
Ordinance, as amended, and Ordinance No. 1710 as amended, the Zoning Ordinance of the City of
Paris, Texas:
The following Standards for Rehabilitation shall apply to rehabilitation of the
exterior only of all structures located in the designated Historic Overlay District No.
14 (HD-14), and shall apply to a building's site and environment as well as attached,
adjacent, or related new construction.
The Paris Historic Preservation Commission shall implement and apply these
standards in accordance with the provisions of Article VII to Chapter 7, Section 7-
151 through 7-164 of the Code of Ordinances of the City of Paris, as amended, the
Historic Preservation Ordinance, including the denial or issuance of Certificates of
Appropriateness as provided in said ordinance. The Standards are to be applied to
specific rehabilitation projects in a reasonable manner, taking into consideration
economic and technical feasibility:
(1 ) Any rehabilitation of the exterior of any structure located in the designated
Historic Overlay District No. 14 (HD-14) shall be done in a manner that requires
minimal change to the defining characteristics of the building and its site and
environment.
(2) The historic character of a property shall be retained and preserved. The
removal of historic materials or alteration of features and spaces that characterize a
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property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place, and
use. Changes that create a false sense of historical development, such as adding
conjectural features or architectural elements from other buildings, shall not be
undertaken.
(4) Most properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preserved.
(5) Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new feature
shall match the old in design, color, texture, and other visual qualities and, where
possible, materials. Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to
historic materials shall not be used. The surface cleaning of structures, if appropriate,
shall be undertaken using the gentlest means possible.
(8) Significant archeological resources affected by a project shall be protected and
preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
(9) New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be differentiated
from the old and shall be compatible with the massing, size, scale, and architectural
features to protect the historic integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
Section 5. That any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each
and every day's continuance of any violation of the above-enumerated sections shall constitute and
be deemed a separate offense.
Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 7. That this ordinance shall become effective January 1, 2006.
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PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on
this the 12th day of December, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
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AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared Donna L. Moore, who
upon oath deposes and says:
"I am Donna L. Moore and my address is 1100 Brierwood Court, Euless, Texas 76040,
and my phone number is (817) 285-8558, and I have a proprietary interest in property located within
the corporate limits of the City of Paris being described as follows:
Lots 2 and 3, City Block 36
546 Pine Bluff
"My interest in the above described property is Owner and I do request the establishment of a
Historic Overlay District No. 14 (HD-14).
"In support of said request I make the following answers to questions 1-4:
1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as
represented by the pre-established zoning ordinance and the long range master plan and map that has
been adopted by the zoning ordinance?
YES
2. Will the re-zoned designation be compatible with the classification and use of adjoining lands
so as to avoid adverse impact on neighbors?
YES
3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore
justifying a change in zoning?
NO
4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or
general welfare or protect and preserve historical and cultural places and areas or meet a substantial
public need? YES
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5. HAS A COpy OF THE LAND DEED BEEN SUBMrpfA? YES..c' h
.:[\ ) CJ)VV{j,..~ (If) rl0-C
Signature of Applicant
SWORN TO AND SUBSCRIBED BEFORE ME, by the said Donna L. Moore this 4th day of
November, 2005.
FILED:
(I Tammy Strickland
Notaly PublIc
Stat. of Texas
My CommIIIIon ElqJIra 08-15-2009
Janice Ellis, City Clerk
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Esciow/Closlnal ()j3273ST
Doc ID , 0001111346'30800$
MIN lOOOI~7.QQO~4081~B-9
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wAimANrY DEED WITB,VENDQR'S LIEN :
NOTICE .OF CONFIDENTIALITY RIGHTS: IF,YOU ARE A NATURAL PERSO~J YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT DEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL'SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.' .' ,
, 05- ;32.'7'; . .
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~~ KNOW ALL MEN BY THESE PRESENTS:
THE STATE OF TEXAS
COUNTY OF LAMAR
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THAT LAMAR NATIONAL DANK, hereInafter ClIl1ed "Granlor" (whether one or more), for and In
conslderallon of Ihe sum ofTen Dollars (SIO.OO) and olher good and valuable conslderallon 10 Granlor paId
by DONNA L. .MOORE ,AN UNMARRiED MAN, hereInafter ClIl1ed "Granlee. (whether one or more), Ihe
recelpl of which Is hereby acknowledged and confessed, and the further condderallon of the execution and
delivery by saId Grantee of one cerlaln Promissory Note.ln Ihe princIpal sum of S62,SSO.00, of even dale
herewith, payable 10 the order of COUNTRYWIDEUOMB LOANS, INC. , hereInafter ClIl1ed .Mortgagee.,
b~arlng Interesl al .the rale I~reln provl*d: said Nole containing Ihe usual reasonable allomey's fee clause
and varIous aeeeleralion of maturity clauses In case of default, and being secured by Vendor's LIen and
superior Iltle retaIned herein In favor of saId Mortgagee, and beIng also secured by a Deed of Trost of even
dale here\\,ltll from Granlee to G. TOMMY DASTIAN , TI1ISI~ei and
WHEREAS, Mortgagee has, at the speelallnstancc nnd request of Grantee, paid 10 Granlor a porllon of
the purehllSC price of the property hereinafter described, as Included In Ihe above-deserlbcd Note, saId
Vendor's Lien Dgalnst said property securing Ihe payment of said Nole Is hereby assigned, lransferred and
delivered to Mortgagee; Grantor hereby conveying 10 said Mortgagee the said superior Iltle 10 said properly,
subrogating saId Mortgagee to all the rights and remedies of Grl!illOr In the pr~m1ses by virtue of said lIensj
and. .
Orllntor has GRANTED, SOLD and CONVEYED, and by Ihese presents tloes GRANT, SELL and
CONVEY unlo said Grantee, llie following described property, to.wil:
ALL'I'UAT CER1'AIN TRACT Oil PARCEL OF LAND SITUATED WITIIIN TUE CORPORATE
LIMITS OF THE CITY OF PARIS, IN LAMAR COUNrY, TEXAS; PART OF TilE LARKIN
RATTAN SURVEY, ABSTRACT NO:.778, AND DEtNG ALL OF LOTS 28< 3 OF BLOCK 36
OF TIm PLAT RECORDS (NOT RECORDED) OF TIm CITY OF PARIS, SUEET 6, AND ALSO
BEING ALL OF A CALLED TRACT ONE (LOT 3) AND TRACT TWO (LOT 2) TRACT OF
LAND DESCRIBED IN A DEED TO DRADLEY D. KING, ET AL., AND RECORDED IN
VOLUME i087, PAGE 168, OF THE REAL PROPERTY RECORDS OF LAMAR COUNTY, AND
BEING MORE PARTICULARLY DESCRlDED IN EXlfiDIl' "A" ATTAClmo HERETO AND
INCORPORATED JmREIN. .
Flhd Cor Record 101
Lo.cr Counh
001 5" 0212005 At 01l21P
As 0 '
Recordlan
DOCVMot Ilu,ber I
AaouaU
Recllot HUlber - 23213
au
Gretcllu a Ills
TO . HA VB AND TO HOLD the abovc-deserlbed premises, togelher wllh all and singular, the rlghls and
appurtenances t1lereunlo In anywIse belongIng unto aald Granlee, his heirs and assigns, forever. And
Granlor docs hereby bind himself, his heirs, ,executors and admlnlstralors, to warrant and forever defend all
and singular the saId premls~s unlo saId Granlee, hls heirs and assigns, against every person whomsoever
lawfully claiming or to claim the s~ or any part ~ereof.
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TllXCS for Ihc current yelll'lUlYe been prol'llled and Ihelr payment Is assumed by Grantee.
ThIs conveyance Is made subJect 10 any and ',III valid IUId subslsllng reslrlcllons, casements, rights of way I
rcservallons, malnlenance clUlrges logether with IUIY lien securIng saId malnlenanee Chllrges, zonIng laws,
ordlnlUlces of munIcipal lind/or other govcrnmenlalauthorltles, conditions and covenanls, If IUIY, applicable
10 IUId enforceable agalnstlhe aboye.descrlbed property as. shown by the records of the Counly Clerk of said
Counly. I
The use of any pronoun hereIn to refer 10 Granlor or Granlee shall be deemed a proper reference even
though Granlor Dnlllor Grllnlee may be an IndIvidual (either male or female), D corporation, D partnership or
a group of two or morc IndivIduals, corpOl'lltlons and/or partnerships; I!nd when Ihls Deed Is executed by or
10 D corporatIon, or lruslce, Ihe words "heIrs, executors and admlnlslrators" or "heIrs and assigns" shall,
with respcclto such corporation or lruslee, be construed to mean "successors and assIgns",
It Is expressly llgreed 1I1l11 thc Vendor's Lien Is relalned In favor of Ihe payce of sold Note agalnsllhe
llboye.descrlbed propcrly, premIses IUId Improvements, until Slid Nole IInd Dlllnlerestlhereon shall have
been fully paId according to Ihe terms thereof, when Ihls De~d shall become absolute.
EXECUTED Ihls 1ST clay of SEM"EMDER, 2005.
LAMAn NATIONAL DANK
ny, /f*j~
STATE OF l~5
, COUNTY OF J-o........ Co. {'
. ss:
This Instrument was acknOWledged before me on Ihls 1.Ad-
20_, by mc.l...nel nMA".,
of LAMAR NATI
day of ~~
GRANTEE'S ADDRESS:
1100 DRIARWOOD COURT
EULESS, TEXAS 76040
NO AI Y punLlc
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t ''!iy'';L,-" KIMBERLY K. RICHEY i
I~~*~""~~' Notary Public :
~: :(1 STATE OF TEXAS
,,'. .. My Commission
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EXHIBIT A
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.An Ihal certain tract or pnrc:el ofland situated within the Co~riIte Llmlls orthe City of
Paris, In Lomnr Coun~, Texas; part ofthc Larkin Rattan Survey, Absll'l1Ct No. 778, and
being IlI1 of Lois 2 & 3 oCBlock 36 orthe Phil Records (not recorded) oflhe City of
Paris, Sheet 6, and also being IlI1 ofa caUed Tract One (Lot J) IUId Tract Two (Lot 2) troct
orland de5en'bcd In 0 Decdto Bmdle)' D. King. el oJ.,lInd recorded In Volume 1087,
Page Hi8, oflhe Real Property Records ofLomnr Counly, and bebig more particularly
described as CoUows, to wit:
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Beginning at n W' iron pin' (set) for a corner In the South Line oCPine'BluffSlrcet, same
being the NortheaSt comer ofSllld Lot 3 IIlld Northwest comer of Lot 4 ofSllld Block 36;
, . Thence ~ 00.28' 29" W with n fence line, along the East Line of said Lo13, IIlld nlong ,
Ihe Wesl Line ofSllld Lot 4,11 dlslllllce of211.764'.lo 112 W' chlllnlink fence corner posl
(found) for a corner, In Ihe North Lmc ofLol.S ofSllld Block 36, same beinglhe
Southeast comer of sold Lot J and Southwcst comcrofsald Lot4;
. Thence N 89.48' 28" W with n fence line, along'the South Line oCsald Lot J,nnd along
the North Line ofsoid Lot 5, alnpproxirnnlely 27', pllSslng the Northwest comer of sold
. Lot 5 and Nortbeast comer of Lot.7 of snId, Block 36, IIIld conllnulng SIIIl1e course, III
opproxirnntely 87', pllSsing the Northwest comer of sold Lot 7 IIlld.NorthclISt comer of
Lot 8 ofSllld Block 36, IIlld continuing same eourse,ln oU,1l dlslance of 110.225',10112
W' choinllnk fence comer post (found) for n corner In the North Line of sold Lot 8, same
being the Southwest comer of said Lot 3 IIlld Southeast comer of Lot 2A of SlIid Block
36;
Thence N 00031' 34" W with 11 fence line, nIona the West Line of sold LOI 3, IIIld II10ng
the East Line of sold Lot2A, n distance of81.990'. to 1l2,Ya" choinlink fence comer posl
(found) for n comer In the West Line of Said Lot 3, SQ/Ile being the SouthellSt comer of
sllid Lot 2 and Northeast corner ofsoid Lot 2a,
Thence S 89024' 06" Wwith 11 fence line,lIlong the South Line ofsoid Lot 2, and Illong
the North.Llne ofsllid Lot 2A, a distancc of91.910', to 112 W' chainlink fence comer
post (found) for 11 comer In the ElISt Line of LOI 'I ,of soid Block 36, samc being the
Southwcst comer of soid Lot 2 and Northwest corner ofsllld Lol 211;
Thence N 00018' 41" E with'a fe~ee line, wong the West Line of said Lot 2. IlOd II10ng
the ElISt Line ofsllid Lot I, a distance of 130.361', to nl/2'" iron pin (set) for 11 comer in
the .Soqth Line of soid Pine Bluff Street. same being the Northwcst comer of SlIld Lot 2
and NorthCIISt comer of said toll:
Thence N 900 00' 00" E with a fence line, along the North Line of said Lot 2, and along
the South Line of soid Pine Buff Street, at approximately '90', passing the NorthellSt
eo mer of sold Lot 2 and Northwest comer of slIid Lot 3, IIlld continuing SlIme course, in
1111, a distance 203.92,9', to the Place of Beglnnlllg, IIIld eontllinlng 0.8155 acrc of land.
The bearings recited he~ein are bllSed upon the Deed call oflhe South Line of said
. Trllct One and Trllct Two troct, being East-West. This descrIption WIIS prepared from an
IIctulIl survey made on the ground IIlld under my supervision, with field notes compleled
Oc!ober 24, 2004. .
, According to thc City of Paris, Lamar Counly, Texas, Flood Insurance Rate Map,
prepared by the Federal Emergcncy Manllgement Agcncy, Nlltlonlll Flood Insumnce
Program. Community PlIIlcl No. 480427 0004B, effective dllte of December IS, 1983.
none oflhe llbove described tract ofllllld IIppcnrS 10 lie wilhin the limits oflhe 100 year
flood plnln.
October 24, 2004
u:~ If-~- ~
Wendell J. M ra .
Registered Professional
Land Surveyor No. 5723
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