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07&08 Ord. - 1033 Bonham St. D H:\JANICE\ORDWORK\HD-IO\lO33 ON AM ST. FT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF T 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 PART OF 1 3 BONHAM STREET, IN THE CITY OF PARIS, TEXAS AS AN HISTO C STRUCTURE AND ESTABLISHING AN HISTORIC OVERLAY DISTRI T NO. 10 (HD-I0) ON THE AFORESAID PROPERTY IN ACCORDAN E WITH 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. 0 (HD-I0) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT 0 EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS F ORDINANCES IN CONFLICT HEREWITH; AND DECLARING N EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has previousl re eived 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 des gnate the structure on property located at Part of 1033 Bonham Street, in the City of Paris, Te s, as an Historic Structure and to include said property in a newly created Historic Overlay D stri t No. 10 (HD-lO); 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 th City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public heari go said proposed amendment to the City zoning ordinance and, following said hearing, ma e ~ rmal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council of the City of Paris did subsequently conduc a ublic hearing on the aforesaid proposed amendment to the City zoning ordinançe, and having c nsi ered 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 afores d z ning change would be consistent with the comprehensive plan of the City of Paris, consiste t wi h the City zoning ordinance, and in the best interests and to the benefit of the public health, welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARI, P TEXAS: S, 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 ofthe City of Paris, Paris, Texas, be, and the same are hereby, changed, a d at the structure on the property located at Part of 1033 Bonham Street in the City of Paris, ex s, be, and the same is hereby designated as an Historic Structure and that an Historic Overl y istrict No, 10 (HD-lO) be, and the same is hereby, established on the aforesaid pr pe y, as recommended by the Paris Historic Preservation Commission and the Planning d oning Commission, so as to include in such Historic Overlay District No. 10 (HD-lO) the erei after described property, while preserving the respective existing use and zoning regulati ns f the property previously designated thereon, and that the boundaries of said Historic Overl y D'strict No, 10 (HD-lO) 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 Part of Lot 1, C ty Block 127, Part of 1033 Bonham Street, Paris, Texas, ¡ Section 3. That the Chief Building Official of the City of Patis be, and he s h reby, directed to change the Zoning Map of the City of Paris in accordanqe with the pro isi ns of Ordinance No, 1710 and the land use map accompanying the same, and in accordanc wi the provisions of this ordinance. Section 4. That the following historic preservation standards shall be and e h reby adopted to apply to the aforesaid property included in the Historic Ove lay District No 10 (HD- 10) designated herein, in accordance with the terms and provisions of rticle VII to ha ter 7, Sections 7-151 through 7-164 of the Code of Ordinances of the Ci y of Paris, th H' toric Preservation Ordinance, as amended, and Ordinance No, 1710 as amend d, the Zoning rdi ance of the City of Paris, Texas: I ¡ The following Standards for Rehabilitation shall apply to re abilitation of e exterior only of all structures located in the designated Histori Overlay Distr ct No, 10 (HD-lO), and shall apply to a building's site and envir nment 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 Ch3¡pter 7, Section 7- 151 through 7-164 ofthe Code of Ordinances ofthe City of Paris, as amended, e i I Historic Preservation Ordinance, including the denial or issuanci! of Certificates of Appropriateness as provided in said ordinance, The Standards a e to be applied to specific rehabilitation projects in a reasonable manner, taking nto consideraf n economic and technical feasibility: i i (1) Any rehabilitation of the exterior of any structure located I in the designa ed Historic Overlay District No, 10 (HD-lO) shall be done in a mapner that requi es minimal change to the defining characteristics of the buildin~ and its site d environment, i (2) The historic character of a property shall be retained an4 preserved, he removal of historic materials or alteration of features and space~ that character ze a property shall be avoided. i i I I (3) Each property shall be recognized as a physical record of i~s time, place, d use, Changes that create a false sense of historical developme t, such as add' g conjectural features or architectural elements from other build ngs, shall not be undertaken, i i I (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 techniqu~s or examples of craftsmanship that characterize a property shall be preserved, I I I (6) Deteriorated historic features shall be repaired rather thanlreplaced. Wh re the severity of deterioration requires replacement of a distinctivþ feature, the n w feature shall match the old in design, color, texture, and other vitual qualities a d, where possible, materials, Replacement of missing features sha I be substantia ed by documentary, physical, or pictorial evidence. I (7) Chemical or physical treatments, such as sandblasting, tha cause damage to historic materials shall not be used, The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possi Ie, (8) Significant archeological resources affected by a project sha I be protected d preserved, If such resources must be disturbed, mitigation easures shall be undertaken, i (9) New additions, exterior alterations, or related new confruction shall ot destroy historic materials that characterize the property, The ew work shall be differentiated from the old and shall be compatible with the ma sing, size, sc e, and architectural features to protect the historic integrity of th~ property and its environment. i i (10) New additions and adjacent or related new construction s~all be underta en in such a manner that if removed in the future, the essential forr and integrity of the historic property and its environment would be unimpaired'! i Section 5. That any person violating any of the provisions of thi¡Ordinance sha I be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not 0 exceed $2,0 0.0), and each and every day's continuance of any violation of the above-e umerated sections shall constitute and be deemed a separate offense, ! I Section 6. That all ordinances or parts of ordinances in conpict herewith are 1 ereby expressly repealed, I I Section 7. That this ordinance shall become effective October 11, 2004, PASSED AND ADOPTED by the City Council of the City of P~is, in regular ~ess on on this the 9th day of September, 2004. I I I I i I Curtis Fendley, M~ yor ATTEST: Sherian Dixon, Assistant 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 "I am Lisa Wriaht 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 corporate limits of the City of Paris being described as follows: Part of Lot1, City Block 127 Part of 1033 Bonham Street Historic District No, 10 "My interest in the above described property is Director of Communit ent/Historic Preservation Officer. on behalf of the Historic Preservation Commission, and I do reque t 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 cherne, 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 SUBM tJ 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 LI... C\1 ~v DICKSON .~ I\J~ PO a .~ ~ . GR [[ BONHAM PLI . . ., ; . I: :, ¡, - :..i¡ -, II i !I ' " jld I / \ I i \ I I ! ' \ Ii \ \ i \ \ i Xl . LI \ ,I .( Historic Overlay District N . 10 1Q33 Bonham Street .