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Home My WebLink About86-2645Q ~~ ORDINANCE NO. $6-2645 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 82-2478 AND THE OFFICIAL ZONING MAP OF THE CITY OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 529 Request of James R. Odom for rezoning of a three (3} acre tract of :eland from-C.R.D.: (Commercial Retail District) Zoning District to C.G.B. (Commercial Genesal Business) Zoning District for commercial uses and described as follows: Being-a 3.0 .acre tract out of the southwest-part of Survey No. 35, Block JK-2, Hale County, Texas, said: tract lying North of Odom's Cornea and between Ennis Street and Interstate Highway No. 27: BEGINNING at a 1/2 inch steel rodfound in the east right of way line of Ennis Street as recorded in Volume. 7.16, page 489 of the Hale County Deed Records, for the northwest corner of Lot 1, Odom"s Corner, final plat recorded: in ,Volume 644, page 473 of the Hale County .Deed Records; said rod being 247.8 feet North and 37.5 feet East of a spike found for_ the southwest corner of Survey No. 35, Block JK-2, Hale :County, Texas; '~~.. ~ Thence North 373.93 feet along the east .right of way line of said street to a point.; Thence East 5.06.:.36 feet to a paint..in the (new) northwesterly, right of way line of Interstate Highway. No. 27 as recorded in Volume 635, page 643 of the Hale County Deed Records; Thence S. 39°59'57"W. 488.12 feet along the northwesterly line of said highway to a "X" on concrete for the. northeast corner. of said Lot 1; Thence West 192.6 feet along thenorth. line of said: lot to the POINT OF BEGINNING and containing 3.O acres, and located in the 2400 Block of North Ennis. WHEREAS, the proposed change in Zoning Districts as .hereinafter made has been duly presented 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 of the City making the proposed change as hereinafter set out wildbe in the .public interest .which creates an emergency; and; WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map, have been fully complied with, as well as giving notices provided by Article 1011E Vernon's Annotated Civil Statutes - Amended, 1953; and notice was duly published `in the Plainview Daily Herald more than fifteen (15} days prior to the date-of the. .Public Hearing according to said notice was '` duly held in the. City Council Room- of the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; ~~ '~`' and after said hearing, ` it was by the City -Council determined that ` it would be in the public interest due to changed conditions.,. -that the Zoning Ordinance. and the. Zoning Map be amended 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: SECTION 1. That Ordinance NO. 82-247$ and .the Official Zoning Map be .and the same are hereby amended as follows, to-wit:. ZONE CASE NO. 529: Being a 3.0 acre tract out of the southwest `part- of Survey No. 35, Block JK-2, Hale.County, Texas, said' tract lying North of Odom's Corner. and between Ennis Street and Interstate Highway No. 27s BEGINNING at a 1/2 inch steel rod found in the east right of way line of Ennis Street as recorded in Volume 716, page 489 of the. Hale County Deed Records, for the northwest corner of Lot 1, Odom's Corner, final plat recorded'in .Volume 644, page 473 of the Hale County Deed Records, said rod-.being 247.$ feet North and 37:5 feet East of a spike found for the southwest` corner of Survey No. 35, Block JK-2, Hale County, Texas; - Thence North 373.93`feet along the east right of way line of said street to a point; Thence East 506.36 feet to a, point in the (new) northwesterly right of way line of Interstate Highway No.-'27 as recorded in Volume 635, page 643 of~the`Hale County Deed'Reeords; Thence S. 39°59'57"W. 488.12 feet along the northwesterly line of said highway to a "X" on concrete -for the northeast corner of said Lot 1; Thence West 192.6 feet along the north line of said lot to the POINT OF BEGINNING and containing 3.0 acres, and located in the 2400 Block of North Ennis. City of Plainview; Hale County, Texas, from an C.R.D. (Commercial Retail District) to a C.G.B. {Commercial General Business) Zoning District. From the date of this Ordinance; said lot, tract and parcel of land described shall be and hereby'be changed to the Zoning Distriet~ indicated and the official Map is amended in accordance herewith. SECTION 2. Upon passage of this Ordinance on first reading, the City Secretary be and is hereby authorized and directed to cause. to have published in the Plainview Daily Herald, a daily newspaper of general circulation in the City of Plainview, Texas,-a notice that a public hearing shall be held in the Council Chamber of the City Hall in Plainview, Texas, at 7:30 o'-clock P,M., on the 11th day of March, 1986, to permit. the public to be heard prior to consideration of this Ordinance for second and final xeadng, said publication to be made more than fifteen (15) days prior to the time. designated for such public`: hearing. .~ PASSED on first reading this, the l'lth day of March, 1986. o A notice of time and place where and when said Ordinance would be '~ ~; given a public .hearing and considered. far. final passage was published-in the Plainview Daily Herald, a daily newspaper of general circulation -in the City of Plainview, Texas, said publication being on the 9th day of March, 1986, the same being more than fifteen (15) days' prior to the time designated for said hearing. After such.. opportunity for .the public to be heard, said Ordinance was passed on .second and final reading.. .PASSED on second and final reading this, the 25th day of March, 1986. E.V. RIDLEHUBER, Mayor ATTEST: SHERYL OWEN, Interim City Clerk ~. ~~ _- ,,. ,_ .. ~' J, - C H E C K S H E E T F O R Z O N I N G C A S E S CASE N0. 529. ;% There must be compelling reasons for any zoning amendment which are substantially related to 'the public welfare and necessity. T t is not sufficient that an applicant for an amendment to the Zoning Ordinance merely show that there is no neighborhood objection to a request amendment; nor is it 'sufficient that" an applicant show that the amendment would enable him to gain a greater profit or income from. his, property. Every zoning amendment should be analyzed with regard to the following..: A. B. C. D. /, ,i COMPREHENSIVENESS:' (1) Is change contrary to established land use pattern? N0 - Area 1S Commercid7 (2) Would change create an isolated district unrelated to similar districts, i.e., is this "spot zoning"? No - Adjacent to CGB area. (3) :Would change alter the population density pattern and thereby ncrease the load on public facilities (schools, sewers, or streets?) ~o (4) Are present district boundaries illogically drawn in relation to exist- ing conditions? No CHANGED CONDITIONS: ~._ ~,, .. . _' .~. >. (1) Have the basic land use conditions been changed? ND (2) bias development of area been contrary to existing regulations? No -.Area principally is undeveloped PUBLIC WELFAF~: (I) WNlol change adversely influence living conditions in the neighborhood? (2) Will. change create or excessively-increase traffic congestion? Likely it will increase traffic (3). Will change seriously reduce the light and air to adjacent area? Unknown (4) Will change adversely affect property values in adjacent area? . No - Area already commercial (S) Will change be a deterrent to the improvement or development of adjacent area? USe will determine 'effect (6) Will change constitute a grant of a special privilege to an individual as contrasted to the general welfare? Pd0 REASONABLENESS: (1) Are there substantial reasons why the property cannot be used. in accord with existing zoning? No (2) Is the change requested out of scale with, e n eds.of <the neighborhood or the City? Unknown at present/use wi~f~ de~ermine (3) Is it impossible to find adequate sites for the proposed use in district permitting such use.? Use unknown at present ~„ ~ _ .. ~ ~. R: ~ S. ~ . ~; _. N~ __. ~, f ~ - - ___... ~ O - - ~--- _~ ,__ ,.., _ - _.,.___... ___ _~~._._._. __..-- -- 92,.6_ _ _.._ ~ ~~- .o ~ ~~-- z .. . - ~ - .~ -- ~ - EDGEMER~ -; ' J. S I !! ~ ~ ~ ~ ~~ D R. _ ~ ~ ~.