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2007-025-ORD-Amending zoning ordinance no. 1710 of the City of Paris designating the structure on the property located at 418 W. West Washington StreetORDINANCE N0. 2007- 025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS TEXAS, AMENDING ZONING ORDINANCE N0.1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, 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 N0. 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 EXISTING USE AND ZONING DESIGNATIONS ON THE PROPERTY; DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLAY DISTRICT N0.15 (HD-15) ESTABLISHED; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the 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 of the 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, on September 10, 2007 the City Council of the City of Paris conducted a public hearing on the proposed Historic District designation and amendment to the City zoning ordinance, and having considered the recommendation of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, hereby finds and determines 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, safery, 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 designate the structure located at 418 W. Washington Street in the City of Paris, Texas, as a Historic Structure and to create a Historic Overlay District No. 15 (HD-15) 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 Historic Structure designated herein and to the 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 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 proj ects 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 properry 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 sha11 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 sha11 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 conshued 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 b. That it is the intention of the City Council of the 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 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 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 l Oth day of September, 2007. J sse James eelen, Mayor ATTEST: , , ice Ellis, City Clerk APPROVED AS TO FORM: , W. Kent Mc y,' Attorney EXHIBIT "A" SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Larkin Rattan Survey, the property known as Lot 7, City Block 135, located at 418 W. Washington Street, Paris, Texas, and being more fully described in metes and bounds on E~ibit A attached hereto and made a part hereof for all necessary purposes. .F_~.(_=; ~h~+a.~~ .P., `i""t~~ ~...H : - c-•- --y .-~e . r, .P.. '.~k rx 6~.F ~ _ t. k _ ~ -e = • - • - 1~ part of the LARKIN R~1TT~N SURV~Y within the corporate limits of the City of Paris, on the North side of jdest Washington Sc~reet, in City Block No. 135; described by metes and bounds as follows: ' EEGINNING aC the•intersection of the NB line of West Washington Street with the WB Iine of 4th 5treet SW (formerly Travis S~reet); TiiENCL NORTI~ with the WIi line ot 4th StreeC SW 273 feet, a stake; THENCE WEST 488 feeC, a stake in Clie LI~ 1.ine oI StI~ Street SW (~ormerly Baker Street); TI~IENCE SOUTII wie:li Lhc EI~ Iine oI 5rh Stree~ SW 273 feet, a stake at iCs intersection witll tl~e NII line oL' West Washington Stree~; THENCL EAST wiL}1 tl~e NB line of Wes~ WashingCon Street 488 feet to tl~e place of be- ginning, and being the-same property described in deed dated August 20, 1919, of record in Book 114, Page 272, Lama~ Caunty Deed Records; reference being made~to all .the above mentioned instruments and records for all necessary purposes; ~ EXHIBIT "A" . ~ • ' ~ . ~ ~ ~ . - ~ . . . . ~ • ~ • ~ - . ~ . ~ . . ~