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05&06 Ord. - 625 W. Washington D FT H:\.JANICE\ORDWORK\HD-9\625 W. SHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF T E CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARI S ESTABLISHED BY THE ZONING MAP OF SAID CITY; DESIGNATI G THE STRUCTURE ON PROPERTY LOCATED AT 625 WASHINGT N STREET, IN THE CITY OF PARIS, TEXAS AS AN HISTO C STRUCTURE AND EST ABLISmNG AN mSTORIC OVERLAY DISTRI T NO.9 (HD-9) ON THE AFORESAID PROPERTY IN ACCORDANCE WI H THE RECOMMENDATIONS OF THE PLANNING AND ZONI G COMMISSION AND THE mSTORIC PRESERVATION COMMISSIO ; PRESERVING THE RESPECTIVE EXISTING USE AND ZONI G DESIGNATIONS OF THE PROPERTY SO DESIGNATED; DESIGNATI G THE BOUNDARIES OF THE mSTORIC OVERLAY DISTRICT NO.9 (H - 9) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCE D $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANC S IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DAT . WHEREAS, the City Council of the City of Paris, Paris, Texas, has previousl received a request from the Paris Historic Preservation Commission, following notice to the 0 ner 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 625 Washington Street, in the City of Paris, Te as, as an Historic Structure and to include said property in a newly created Historic Overlay D strict No. 9 (HD-9); and, WHEREAS, the City Council has subsequently referred said request for amend ent :to the Planning and Zoning Commission for its review and recommendation in accordance wi the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public heari g on said proposed amendment to the City zoning ordinance and, following said hearing, ma e formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council of the City of Paris did subsequently conduc a gublic hearing on the aforesaid proposed amendment to the City zoning ordinance, and having c nsiþered the recommendations of the Planning and Zoning Commission and the testimony an evi~ence introduced at said public hearing, found and determined that approving the aforesa d zoning change would be consistent with the comprehensive plan of the City of Paris, consiste with the City zoning ordinance, and in the best interests and to the benefit of the public health, s fety, and welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARI , PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are he eby, in all things approved. Section 2. That the boundaries heretofore established by the Zoning Map and rd~nance No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, d tl~at the structure on the property located at 625 Washington Street in the City of Paris, Tex s, be, and the same is hereby designated as an Historic Structure and that an Historic Overlay D striçt No. 9 (HD-9) be, and the same is hereby, established on the aforesaid property, as reco enqed by the Paris Historic Preservation Commission and the Planning and Zoning Commissio , so as to include in such Historic Overlay District No.9 (HD-9) the hereinafter described prop rty, I while I preserving the respective existing use and zoning regulations of the property previously esignated thereon, and that the boundaries of said Historic Overlay District No.9 (HD-9) be, an th~ same are hereby, established as follows: i SITUATED within the corporate limits of the City of Paris, County of ! Lamar, and State of Texas, being the property known as North Part of ot i 1, City Block 154, 625 Washington Street, Paris, Texas. , i Section 3. That the Chief Building Official of the City of Paris be, and he s h reby, directed to change the Zoning Map of the City of Paris in accordance with the pro isi ns of Ordinance No. 1710 and the land use map accompanying the same, and in accordanc w. h the provisions of this ordinance. Section 4. That the following historic preservation standards shall be and re ereby adopted to apply to the aforesaid property included in the Historic Overlay District No.9 ( D-9) designated herein, in accordance with the terms and provisions of Article VII to hap er 7, Sections 7-151 through 7-164 of the Code of Ordinances of the City of Paris, th H storic Preservation Ordinance, as amended, and Ordinance No. 1710 as amended, the Zoning rd. ance of the City of Paris, Texas: The following Standards for Rehabilitation shall apply to rehabilitation of e exterior only of all structures located in the designated Historic Overlay Dist . ct No.9 (HD-9), 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 th se 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, e Historic Preservation Ordinance, including the denial or issuance of Certificates of Appropriateness as provided in said ordinance. The Standards are to be applie to specific rehabilitation projects in a reasonable manner, taking into considerat on economic and technical feasibility: (1) Any rehabilitation of the exterior of any structure located in the designa ed Historic Overlay District No.9 (HD-9) shall be done in a manner that requ' es minimal change to the defining characteristics of the building and its site d environment. (2) The historic character of a property shall be retained and preserved. he removal of historic materials or alteration of features and spaces that character ze a property shall be avoided. (3) Each property shall be recognized as a physical record of its time, place, d use. Changes that create a false sense of historical development, such as add' g conjectural features or architectural elements from other buildings, shall not be undertaken. (4) Most properties change over time; those changes that have acquired histo ic 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. Wh re the severity of deterioration requires replacement of a distinctive feature, the n w feature shall match the old in design, color, texture, and other visual qualities a d, where possible, materials. Replacement of missing features shall be substantia d 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 a d preserved. If such resources must be disturbed, mitigation measures shall e undertaken. (9) New additions, exterior alterations, or related new construction shall ot destroy historic materials that characterize the property. The new work shall e differentiated from the old and shall be compatible with the massing, size, sca e, and architectural features to protect the historic integrity of the property and ts environment. (10) New additions and adjacent or related new construction shall be undertak n 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 ofthis ordinance sha I be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,~~.0 , and each and every day's continuance of any violation of the above-enumerated sec ons shall constitute and be deemed a separate offense. Section 6. That all ordinances or parts of ordinances in conflict herewith é: re t ereby expressly repealed. Section 7. That this ordinance shall become effective October 1, 2004. PASSED AND ADOPTED by the City Council of the City of Paris, in regular ess on on this the 9th day of September, 2004. Curtis Fendley, Mayor ATTEST: Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 17 0 STATE OF TEXAS COUNTY OF LAMAR § § BEFORE ME, the undersigned authority, on this day personally appeared Lisa "I am Lisa Wriqht and my address is 150 1st Street S.E. upon oath deposes and says: phone number is (903) 784-9203 and I have a proprietary interest in property locate within the corporate limits of the City of Paris being described as follows: North Part of Lot 1, City Block 154 625 Washington Street Historic District No.9 "My interest in the above described property is Director of Communit Preservation Officer. on behalf of the Historic Preservation Commission, and I do reque t 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 cheme, as represented by the pre-established zoning ordinance and the long range master plan and ap that has been adopted by the zoning ordinance? YES 2. Will the re-zoned designation be compatible with the classification and use of adj ining lands so as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classificatio : therefore justifying a change in zoning? NO 4. Does the re-zoning bear a substantial relationship to the public health, safet , 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 SUBMI SWORN TO AND SUBSCRIBED BEFORE ME, by the said Lisa Wriaht this 23rd FILED: JANICE L. WORTHAM NOTARY PUBLIC STATE OF TEXAS My Commission Expires 05-12-2 2004. Mattie Cunningham, City Clerk BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARI , PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are he eby in all things approved. Section 2. That the boundaries heretofore established by the Zoning Map and rdinance No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, a d that the structure on the property located at 625 Washington Street in the City of Paris, Tex s, be, and the same is hereby designated as an Historic Structure and that an Historic Overlay D strict No. 9 (HD-9) be, and the same is hereby, established on the aforesaid property, as reco ended by the Paris Historic Preservation Commission and the Planning and Zoning Commissio , so as to include in such Historic Overlay District No.9 (HD-9) the hereinafter described prop rty, while preserving the respective existing use and zoning regulations ofthe property previously esignated thereon, and that the boundaries of said Historic Overlay District No.9 (HD-9) be, an the same ,;, hereby, established as follows: (b.V' SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being the property known as North Part of ot 1, City Block 154, 625 Washington Street, Paris, Texas. ------ Section 3. That the Chief Building Official of the City of Paris be, and he directed to change the Zoning Map of the City of Paris in accordance with the pr Ordinance No. 1710 and the land use map accompanying the same, and in accordan provisions of this ordinance. s hereby, is ions of with the Section 4. That the following historic preservation standards shall be and e hereby adopted to apply to the aforesaid property included in the Historic Overlay District No 9 (HD-9) designated herein, in accordance with the terms and provisions of Article VII to hapter 7, Sections 7-151 through 7-164 of the Code of Ordinances of the City of Paris, th Historic Preservation Ordinance, as amended, and Ordinance No. 1710 as amended, the Zoning rdinance of the City of Paris, Texas: The following Standards for Rehabilitation shall apply to rehabilitation of he exterior only of all structures located in the designated Historic Overlay Dist ict No.9 (HD-9), 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 th se standards in accordance with the provisions of Article VII to Chapter 7, Sectio 7- 151 through 7-164 of the Code of Ordinances ofthe City of Paris, as amended, he Historic Preservation Ordinance, including the denial or issuance of Certificate of Appropriateness as provided in said ordinance. The Standards are to be applie to specific rehabilitation projects in a reasonable manner, taking into considerat' on economic and technical feasibility: .'Ir 1/ l ~\! ,i\\ / '. I I I \ ; !,' \ ! ¡! \ ! ; \ i \, \ ~! '/ i o. i I . ;; ~ xt,V . - -- - ._- . . c: N - -- . -. . -- . . PLI . MF.t {. HI Historic Overlay District No. 9 625 W. Washington ~