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2004-021-ORD AMENDING ZONING ORDINANCE NO 1710 AND CHANGING BOUNDARIES ESTABLISHED BY ZONING MAP OF SAID CITY ESTABLISHING HISTORIC OVERLAY DISTRICT NO 2 (HD-2) ORDINANCE NO. 2004-021 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; ESTABLISHING AN HISTORIC OVERLAY DISTRICT NO, 2 (HD-2) FOR A PORTION OF THE CITY GENERALLY BOUNDED BY E. KAUFMAN STREET ON THE NORTH, 3RD STREET S.E. ON THE EAST, A DISTANCE NORTH OF HEARNE AVENUE ON THE SOUTH, AND 1ST STREET S.W. EXTENDING TO A DISTANCE EAST OF 3RD STREET S,W. ON THE WEST, IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AND THE HISTORIC PRESERVATION COMMISSION, WHILE PRESERVING THE RESPECTIVE EXISTING USE AND ZONING DESIGNATIONS OF THE PROPERTY INCLUDED THEREIN; DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLAY DISTRICT NO, 2 (HD-2) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000,00; APPROVING REHABILITATION STANDARDS APPLICABLE TO SAID DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Paris Historic Preservation Commission, in accordance with the historic preservation ordinance, identified a preliminary historic district and subsequently conducted public hearings on January 15, 2004, and June 28, 2004, on said designation of an historic district for a portion ofthe city generally bounded by E, Kaufman Street on the north, 3rd Street S.E. on the east, a distance north of Hearne Avenue on the south, and 1st Street S, W. extending to a distance east of 3rd Street S,W. on the west; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, has received a request from the Paris Historic Preservation Commission for an amendment to the zoning ordinance of the City of Paris to designate a portion ofthe city generally bounded by E. Kaufman Street on the north, 3rd Street S,E. on the east, a distance north of Hearne Avenue on the south, and 1st Street S. W, extending to a distance east of 3rd Street S.W. on the west as an Historic Overlay District; 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, on August 2, 2004, at 5 :30 p,m., 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, -1- WHEREAS, the City Council of the City of Paris did, on August 5, 2004, at 6:00 p,m., subsequently conduct a public hearing on the aforesaid proposed amendment to the City zoning ordinance, and having considered the recommendations of the Paris Historic Preservation Commission and the Planning and Zoning Commission and the testimony and evidence introduced at said public hearings, 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 ofthe 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, 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 ofthe City of Paris, Paris, Texas, be, and the same are hereby, changed, and that an HISTORIC OVERLAY DISTRICT NO.2 (HD-2) be, and the same is hereby, established on a portion of the City generally bounded by E. Kaufman Street on the north, 3rd StreeLS.E. on the east, a distance north of Hearne Avenue on the south, and 1st Street S. W. extending to a distance east of3rd Street S,W, on the west, as recommended by the HISTORIC PRESERVATION COMMISSION and the PLANNING AND ZONING COMMISSION, so as to include in such HISTORIC OVERLAY D IS TRI CT NO, 2 (HD- 2) the hereinafter described property, while preserving the respective existing use and zoning designations of the property included therein; and that the boundaries of said HISTORIC OVERLAY DISTRICT NO. 2 (HD-2) he, and the same are hereby, established as follows: SITVA TED within the corporate limits ofthe City of Paris, County of Lamar, and State of Texas, being the Downtown area ofthe City of Paris with the boundaries of said Historic Overlay District No.2 (HD-2) tying into the existing Historic District established in Ordinance No. 2003-023 as shown on Exhibit A, attached hereto, and being more particularly described as follows: Starting at the intersection ofW. Sherman Street and 1st Street S.W" then south along 1st Street S.W. to Hearne Avenue, then east along Hearne Avenue to S, Church Street, then north along S. Church Street to Kaufinan Street. This is the general description of the area with the following additions and exclusions: The following lots are west of 1st Street S.W, and shall be included in the area: City Block 137, Lots 6, 6A, 7, 8,9,10,11 and 12; City Block 149, Lots 6, 7, 8, 9, 10, 11, and 12; City Block 156, Lots 7, 8, 9,10,11,12, and 13. The following lots are east of S. Church Street and shall be included in the area: City Block 181, Lots 1,2.3,5.6, and 9; City Block 140, Lots 1,2,3,4, 4A, 5, -2- 7,8,9, 10, 11, 12, 13, 14, and 15; City Block 159, Lots 1,2,3,4, 7, 8, 9, 10, 11, 12, 15, 15B, 16, 17, and 18A. The following lots are north of Hearne Avenue and shall be excluded from the area: City Block 157, Lots 18, 19,20, and 21; City Block 158-A, Lot 3. Section 3. That the Chief Building Official ofthe City of Paris be, and he is hereby, directed to change the Zoning Map of the 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 all properties within the Historic Overlay District No.2 (HD-2) designated herein, in accordance with the terms and provisions of Article VII to Chapter 7, Sections 7-151 through 7-164 ofthe Code of Ordinances ofthe City of Paris, the Historic Preservation Ordinance, as amended, and Ordinance No, 1710 as amended, the Zoning Ordinance of the City of Paris, Paris, Texas: The following Standards for Rehabilitation shall apply to rehabilitation of the exterior only of all structures located in the Historic Overlay District No, 2 (HD-2), commonly referred to as the Church Street District, 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, Sections 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 ofthe exterior of any structure located in the Historic Overlay District No.2 (HD-2) 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. -3- (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 September I, 2004. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 5th day of August, 2004. ~"-~ \ )~:, ; c!-- yor -4- ATTEST: APPROVED AS TO FORM: -5- AFFIDAVIT RE( .:ST FOR AMENDMENT TO ZONING RDINANCE NO. 1710 STATE OF TEXAS 9 COUNTY OF LAMAR 9 BEFORE ME, the undersigned authority, on this day personally appeared Lisa Wriaht, who upon oath deposes and says: "I am Lisa Wrioht and my address is 150 1st Street S,E.. Paris. Texas 75462 and my phone number is (903) 784-9203 and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Church Street Historic District Historic Overlay District No. 2 "My interest in the above described property is Director of Communitv Develooment/Historic Preservation Officer, on behalf of the Historic Preservation Commission, and I do request a change in zoning to include a Historic Overlav District (HD), "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 5, HAS A COPY OF THE LAND DEED BEEN SUB~M ED? N/A ~CiJ . Signature of A~ SWORN TO AND SUBSCRIBED BEFORE ME, by the said Lisa Wriaht this 23rd day of July, 2004, FILED: Mattie Cunningham, City Clerk JANICE L.. WORTHAM NOTARY PUBLIC STATE OF TEXAS My Commlaslon Expires 05-12-2005