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HomeMy WebLinkAbout92-29248 OZONE CASE NO. 588 - Paul Johnson on behalf of Prairie House ORDINANCE NO. 92-2924 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 89-2798 AND THE ZONING MAP OF THE CITY OF PLAINVIEW SO AS TO RI~ZONI~ AN AREA BETWEt~N 13TH AND 15TH STREETS W]~ST OF MESA DRIVE FROM AN AGRICULTURAL DISTRICT TO A PLANNED DEVELOPMENT DISTRICT; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVI~ DATE. WHEREAS, the proposed change in the Zoning Ordinance as hereinafter made was duly presented on June 25, 1992 to the Planning and Zoning Commission for its recommendation which was received by the City Council and after due consideration, the City. Council of the City of Plainview finds that for the orderly growth cfi' the City making the proposed change as hereinafter set forth will be in the public interest which creates an emergency; and WHEREAS, all conditions precedent, required by law for a valid amendment to the Zoning Ordinance, have been fully complied with, including but not limited to, giving notices as provided by Local Government Code § 211.006 and § 211.007; and WHEREAS, notice of time and place' of this public hearing was published in the Plainview Daily Herald before the 15th day prior to the hearing date; and WHEREAS, said hearing was held in the City Council Chambers of the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was determined by the City Council that it would be in the public interest to, due to changed conditions, amend the zoning ordinance in the manner hereinafter set forth in the body of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by' the City Council of the City of Plainview, Texas that: Section I. Request of Paul Johnson on behalf' of Prairie House Living Center, Inc, to rezone from an A (Agricultural District) to a PD (Planned Development District) Zoning District for a retirement institution and independent living units has been granted under the stipulation that this project should meet the requirements as set out in the zoning ordinance for landscaping in the multi-family zoning district. The property in question is located between 13th Street and 15th Street and West of Mesa Drive and described as follows: Being a 10 acre tract out of the east part of the Interstate Development 251.88 acre tract (recorded in Volume 569, pages 79, 81 and 82, and also Volume 714, page 365) of the Hale County Deed Records, and being out of the west part of Survey No. 27, Block JK-2, Hale County.,. Texas: Beginning at a 5/8 inch steel rod found at the intersection of the west line of Mesa Drive (dedicated Volume 727, page 67, HCDR) and the centerline of 13th Street, said rod being 75 feet S.89°58'14"W. and 37.5 feet S.0°00'30"W. of the southwest corner of Lot 10, Mesa Verde Addition, Unit No. 2, PLminview, Hale County, Texas (final plat recorded in Volume 729, p. 329 HCRD); I-of 2 Thence N.0°00'30"E. along the west line of Mesa Drive, at 37.5 feet pass the northwest corner of said dedication and the southwest corner of another dedication (recorded in Volume 727, p. 559~ HCDR), in all, 567.5 feet to a 1/2 inch steel rod set in the centerline of 15th Street, from which the northwest corner of said Lot 10 bears 30 feet S.0°00'30"W., and 75 feet N.89°58'14"E.; Thence S.89°58'14"W. 767.58 feet along a projection of the centerline of 13th Street to a set 1/2 inch steel rod; Thence S.0°00'30"W. 567.5 feet to a 1/2 rod; Thence N.89°58'14"E. 767.58 feet along the projection of the centerline of 15th Street to the POINT OF BEGINNING. Section II. Cumulativeness Clause Provisions of this ordinance are cumulative and nothing herein shall prevent, alter or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. Section III. Conflicts. All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the the provisions hereof. Section IV. Effective Date. This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED this the 14 day of July_, 1992. E. V. Ridlehuber, Mayor ATTEST: Karen McBeth, City Secretary Diane Groh, Director for Community Services APPROVED AS TO FORM: waliy Ha~h, City Attorney 181 2 of 2