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2004-025-ORD AMENDING ZONING ORDINANCE NO 1710 AND CHANGING BOUNDARIES ESTABLISHED BY ZONING MAP OF SAID CITY DESIGNATING 429 GRAND AVENUE ET AL AS HISTORIC STRUCTURES ORDINANCE NO. 2004-025 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 STRUCTURES ON PROPERTIES LOCATED AT 429 GRAND AVENUE AND 410,428 and 440 W. KAUFMAN, IN THE CITY OF PARIS, TEXAS AS HISTORIC STRUCTURES AND ESTABLISHING AN HISTORIC OVERLAY DISTRICT NO.7 (HD-7) ON THE AFORESAID PROPERTIES 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 PROPERTIES INCLUDED THEREIN; DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLAY DISTRICT NO.7 (HD-7) 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 owners and a public hearing thereon, for an amendment to the zoning ordinance of the City of Paris to designate the structures on properties located at 429 Grand Avenue and 410, 428, and 440 W. Kaufman, in the City of Paris, Texas, as Historic Structures and include said properties in a newly created Historic Overlay District No.7 (HD-7); 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 ofthe 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 ofthe 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 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that the structures on the properties located at 429 Grand Avenue and 410, 428, and 440 W. Kaufman in the City of Paris, Texas, be, and the same are hereby designated as Historic Structures and that an HISTORIC OVERLAY DISTRICT NO. 7 (HD-7) be, and the same is hereby, established on aforesaid properties, as recommended by the Paris Historic Preservation Commission and the Planning and Zoning commission, so as to include in such HISTORIC OVERLAY DISTRICT NO.7 (HD-7) the hereinafter described property, while preserving the respective existing use and zoning regulations of the property previously designated thereon, and that the boundaries of said HISTORIC OVERLAY DISTRICT NO.7 (HD-7) be, 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 properties known as follows: Lot 11, City Block 124,429 Grand Avenue, Paris, Texas Lots 13, 14, and 15, City Block 124,410,428 W. Kaufman, Paris, Texas Lot 16, City Block 124,440 W. Kaufman, Paris, Texas Section 3. That the Chief Building Official of the 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 the aforesaid properties included in the Historic Overlay District No.7 (HD-7) 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 ofthe City of Paris, the Historic Preservation Ordinance, as amended, and Ordinance No. 1710 as amended, the Zoning Ordinance ofthe 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. 7 (HD- 7), 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.7 (HD-7) 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 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 ofthe 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 1, 2004. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 9th day of August, 2004. ~'\\ \' ___.C~ C/'.. / ",.~ ayor ATTEST: ~ S APPROVED AS TO FORM: AFFIDAVIT REO ST FOR AMENDMENT TO ZONING .DINANCE NO. 1710 ST"A TE OF TEXAS 9 COUNTY OF LAMAR S BEFORE ME, the undersigned authority, on this day personally appeared Lisa Wriaht, who upon oath deposes and says: "I am Lisa Wriaht 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: Lot 11, City Block 124, 429 Grand Avenue Lots 13, 14, and 15, City Block 124, 410, 428 W. Kaufman Lot 16, City Block 124, 440 W. Kaufman Historic District No. 7 "My interest in the above described property is Director of Community Development/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. 'WiII 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 SUtM,rYE El:?? N/A ,7lMau ~U Signature of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Lisa Wriaht this 23rd day of July, 2004. FILED: JANICE L. WORTHAM NOTARY PUBLIC STATE OF TEXAS My Commission Expires 05-12-2005 Mattie Cunningham, City Clerk