13&14 1970 Clarksville HD6
DRAFT
JANICE/ORDINANCE/HISTORIC OVERLAY ORD/1970 CLARKSVILLE ST.
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 1970 CLARKSVILLE
STREET, IN THE CITY OF PARIS, TEXAS AS AN HISTORIC
STRUCTURE AND ESTABLISHING AN HISTORIC OVERLAY DISTRICT
NO.6 (HD-6) ON THE AFORESAID PROPERTY IN ACCORDANCE WITH
THE RECOMMENDA TIONS OF THE PLANNING AND ZONING
COMMISSION AND THE HISTORIC PRESERVATION COMMISSION;
PRESERVING THE RESPECTIVE EXISTING USE AND ZONING
DESIG NA TIONS OF THE PROPERTY SO DESIG NA TED; DESIG NA TING
THE BOUNDARIES OF THE HISTORIC OVERLAY DISTRICT NO.6 (HD-
6) 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 1970 Clarksville Street, in the City of Paris, Texas, as an
Historic Structure and to include said property in a newly created Historic Overlay District No.
6 (HD-6); 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,
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
structure on the property located at 1970 Clarksville Street in the City of Paris, Texas, be, and
the same is hereby designated as an Historic Structure and that an HISTORIC OVERLAY
DISTRICT NO.6 (HD-6) be, and the same is hereby, established on 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.6 (HD-6) 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
OVERLA Y DISTRICT NO.6 (HD-6) be, and the same are hereby, established as follows:
SITUATED within the corporate limits of the City of Paris, County of
Lamar, and State of Texas, being the property known as Lot 3, City Block
248-B, 1970 Clarksville Street, 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 property included in the Historic Overlay District No.6 (HD-6)
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.6 (HD-6), 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.6 (HD-6) 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 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 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.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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 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 3, City Block 248-B
1970 Clarksville Street
Historic District No.6
"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 Overlay 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 SU~MlrrED? N/A
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Signature of APP~
SWORN TO AND SUBSCRIBED BEFORE ME, by the said Lisa Wriaht this 23rd day of July,
2004.
FILED:
JANJCf l.. WORTHAM
NOTARY PUBLIC
STATE OF TEXAS
~My Co.m~~slon Expires 05-12-2005
Mattie Cunningham, City Clerk
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