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06-G&H Zoning Change Req 418 W. Washington DRAFT F:ATIORNEY\ORDWORK\CURREN1\ Historic Overlay Ord Dist15 - 418 W. Washington October 4, 2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; DESIGNATING THE STRUCTURE ON THE PROPERTY LOCATED AT 418 W. WEST WASHINGTON STREET, IN THE CITY OF PARIS, TEXAS AS A HISTORIC STRUCTURE AND ESTABLISHING A HISTORIC OVERLAY DISTRICT NO. 15 (HD-15) 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. 15 (HD-15) SO ESTABLISHED; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Council ofthe City of 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 ofthe City of Paris to designate the structure on property located at 418 West Washington Street, in the City of Paris, Texas, as a Historic Structure and to include said property in a newly created Historic Overlay District No. 15 (HD-15) as more particularly described in Exhibit "A" attached hereto; and, WHEREAS, on September 4,2007, the Planning and Zoning Commission conducted a public hearing on the proposed Historic District designation on said property and amendment to the City zoning ordinance and, following said hearing the Planning & Zoning Commission made formal recommendation to the City Council regarding the proposed change; and, WHEREAS, the City Council ofthe City of Paris did subsequently conduct a public hearing on the proposed Historic District Designation and 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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 Official Zoning Map of the City of Paris, Texas and City Zoning Ordinance No. 1710 of Paris, Texas, be, and the same are hereby, amended to reflect that the structure located at 418 W. Washington Street in the City of Paris, Texas, be, and the same is hereby designated as a Historic Structure and that a Historic Overlay District No. 15 (HD-15) be, and the same is hereby, established on the property located at 418 W . Washington Street, more particularly described in Exhibit A attached hereto and incorporated herein by reference. Section 3. 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. 15 (HD-15) 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 as amended, the Historic Preservation Ordinance, as amended, and City Zoning Ordinance No. 1710 as amended: The following Standards for Rehabilitation shall apply to rehabilitation of the exterior only of all structures located in the designated Historic Overlay District No. 15 (HD-15), and shall apply to a building's site and environment as well as attached, adjacent, or related new construction. The Paris Historic Preservation Commission and Historic Preservation Officer shall implement and apply these standards in accordance with the provisions of Article VII, Chapter 7, Section 7-151 through 7-164 ofthe 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. 15 (HD-15) 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 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 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council ofthe City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any of the provisions ofthis 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 8. That this ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 10th day of September, 2007. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney MEMORANDUM TO: Chaim1an and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Lisa A. WIight, Director of Community Development SUBJECT: Zoning Change Requests DATE: August 17,20'07 The following zoning change request will be presented at the September 4, 2007, meeting of the Planning and Zoning Commission and the September 10, 2007, meeting of the City Council of the City of PaIis for consideration: 1. Thorn & Tim Dewitt are requesting that the structure located on Lot 7, City Block 135, being number 418 W. Washington, be designated as historic and that the City establish an Historic Overly District (HD-15) on the propeliy. The current zoning for the property is Commercial, and this classification will not be affected by the proposed overlay. cc: City Attorney's Office CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 Ii Paris, Texas 75461 I: 903.784.9234 APPLICATION FOR ZONING CHANGE For Office Us;; O[i.'Y ~ Request NtHnbai:!, Date Rcvd: LB. \ 1C)\ul} Mtg Date: cH (JVG"~t...A Y TYPE OF ACTION REQUESTED: jtJ Zoning Change Specific Use Permit 0 Planned Development o Address: PROPERTY INFORMATION: '1-/8 11!. M <:It/'ff hn , jJan S I Name of Business or Building (if applicable): W/5e j(()U5e Lot 7 Biock /35 Subdivision rJA Current Zoning: eOI11h1~Ye;aJ 7/\" 751'-60 What is the proposed use of the property? Describe the character and/or nature of uses of sUiiounding property. /H//~<tI1/f'I? - /~8?H~ aur/A/'SS", (!/1/a4.. Proposed Zoning: );mI~rkd s-fdnd d/cne Will the re-zoned designation be compatible with the classification and use of adjoining lands?@/ No !f No. hO\AJ de you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes ~ If NQ, why ::irA YOIl rAqIlAf'ting::i r.h;:mgA in thf! pf!rmitting LISAS? r~vesfl"J ;),pt --gslrtrT'e tfJ~1 OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the property, a copy of the contract may be used in lieu ofa permission letter ONL Y IF the contract provides that the purchase Is contingent upon the applicant successfully obtaining a zoning changeJ - Applicant's Name: ?J;;;/11;' 7:'m .oeM#- Appli"""sAdd",,S: fil( ~r/,~ Property Owner's Name: ."I / fie M '#- Properryvwners .....aaress: ~e:- r-none: ..................................................................................................... REQUIRED SUBMITTALS (check those Items whlcfl are included): o Completed application signed by the owner/applicaTit o Copy of a deed with metes and bounds o Permission letter from owner o Copy of contract to purch~se the propert'.r' Phone: Z.;rf538 .3 sCG" It If Planned Development requested, include also: o Four (4) copies of a preliminary site plan I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local, State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authorized agent. ~innl'\rl' Pi-fnt 'Nam . Date: Address: ~/8 t1I W:J.Sh/nQfr" Phone Number: Z/Y S"3li :J:lll '7 -' Fax Number: z ,'I 59'1 -zqIB BEFORE ME this ~ day of ~ ' 2r.P1 . Notary Public, State ofTexas L..llsI~~ SWORN TO AND SUBSCRIBE FILED: e USAM CROOK . NOTARY PUBLIC STATE or: TEXAS MY COMM. expo 00-28-2010 12/06 Received AUG 1 5 'lOD? CiN 0'( Paris ,......fL.. 1"'1_._1.. E....'" fi-... ~l,,} :CJ; 1. ()(JO:::. :l6()() ()F:. . 1. '":7' 2 ::::. R""- ~:::~ ~;Z ~:::E "NOTICE OF CONFIDENTIALITY RIGH:TS: IF YOU ARE ANA TURAL PERSON, YOU MA Y REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMA TION/ FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERT~.1 BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER"R" ************************** WARRANTY DEED WITH VENDOR'S LIEN 07. Ct,93J- COUNTY OF LAMAR ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: THE STATE OF TEXAS THAT, THE UNDERSIGNED, WISE-FIELDING, INe., a Texas corporation, hereinafter called "Grantor", whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to the undersigned in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by the Grantee of that one certain promissory note of even date herewith in the principal sum of $300,000.00, payable to the order of Grantor ("Lender"), as therein specified, providing for acceleration of maturity and for attorney's fees, the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to WILL BIARD, TRUSTEE, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto, THOMAS DeWITT AND TIM DeWITT, herein referred to as the "Grantee", whether one or more, the real property situated in Lamar County, Texas and being described to-wit: All that certain lot, tract or parcel of land situated in the LARKIN RA TT AN SURVEY, and being more fully described on Exhibit "A" attached hereto and made a part hereof for all necessary purposes. This conveyance, however, is made and accepted subject to any and all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, if any, relating to the hereinabove described property as now reflected by the records of the County Clerk of Lamar County, Texas. Restrictive Covenant: The conveyance of the Property described herein, however, is made and accepted subject to the following restriction: which restriction and covenant shall run with the land and shall be binding on the Grantees, their heirs, successors, personal representatives and assigns: Within 6 months from the date of this deed, Grantee will cause the property described herein to be listed as a stand alone historical property with the City of Paris, Texas Historic Landmark Commission; thereafter, as a condition of ownership hereof, the property will continue to be listed as a stand alone historical property with the City of Paris, Texas Historic Landmark Commission. () () ICi:::; 1. (~f () (J iE~i: ti-:r. OF;: ~l ;1::) ]~ :fi.. ~;rr. ::~ :=~ TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof. But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, w~en this Deed shall become absolute. Payment of the ad valorem taxes for the current year having been assumed by Grantee. EXECUTED EFFECTIVE the 13TH day of AUGUST, 2007. ::~E;W;Z$Jh / DONALD G. WILSON, President ************************************* ACKNOWLEDGMENT THE STATE OF TEXAS ~ ~ ~ COUNTY OF LAMAR The foreoing instrument _ was acknowledged before me on the ~ day ,2007, by DONAL@SO ,President of Wise-Fielding, Inc. on id corporation. - ) \... ~a~a~aaoooftooaaoa~oaooaaoaaao~oaaa~aal ~ g ,-g:;'~Y:~';;(;;" KIMBERLY K. RI~HEY ~ g{~:*",~ Notary PublIc: NOTARYPUBJIC STA ~~~. '*E STATE OF TEXAS: J ' ',t.. .. Me" ! ~\\~"" .,// y ommlSSlon it M1 C6'fh~~10nEK~p~g)4/09/2008; Notary's printed name x,.!: ~t~'.\~U_1 AAq.~}i-)'''Q~r;.'''.'''.~~.OO(l~'.(lloo.'''V.OOC'.(t4 ::l> c::> r.::> !!!t- <., '" Grantee's Address: 0 ,-, wi ;:tI c: ,- ..., ", :::> !!!t. :J..... .,., (After Recording, Return to:) ,'D ,", ,..,.. ." r--' ~T' ." e. ::::I c: '" >.~ i-I ,..,. LQ !!!t. ."[l Thomas and Tim De Witt :::r '" l-' '-' 0- m ,..,.. z .., 418 West Washington Street ::::I c: 1:...1 ....., r.:or::oe= '" ;:r;r :J> I'..> I~O c- o'" '" ':::. 0 ..., Paris, Texas 75460 ~-'I.r.; 3 (0 r,;:; ......- c:r -, 1-' '-' :::> "" .....' ,." ." 0::2 .....J .:'T'l't'l U, ..., -, u: ,-, "'- 0 I ::::I f,:l -~ La ,.... O. "~" o.n I....:' ,-, ,=. .....j '-' '-' l-' Co "j>-. ,.j ':"Cl ~CI "', l-' .:::. (;10.. '-' .::. ... P':!'..']i ~t2 :t::fl . , !..p..k_,i C~OO:S:t 6i:)()' . t~r:<~ P~:J .CJl 1. :t (,;;~ 2 ~~~;. . ~:::. ~:::11 "'? _.:,;> .---- A part of the LARKIN RATTAN SURVEY within the corporate limits of the City of Paris, on the North side of West Washington Street, in City Block No. 135; described by metes and bounds as follows; BEGINNING at the intersection of the NB liQe of West Washington Street with the WB line of 4th Street SW (formerly Travis Street); THENCE NORTH with the WE line of 4th Street SW 273 feet, a stake; THENCE WEST 488 feet, a stake in the EB line of 5th Street SW (formerly Baker Street); THENCE SOUTH with the EB line of 5th Street SW 273 feet, a stake at its intersection with the Nil line of West Washington Street; THENCE EAST with the NB line of West Washington Street 488 feet to the place of be- ginning, and being the same property described in deed dated August 20, 1919, of record in Book 174, Page 272, Lamar County Deed Records; reference being made to all the above mentioned instruments and records for all necessary purposes; EXHIBIT "A" . ~ .