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HomeMy WebLinkAbout86-2646 ORDINANCE NO. 86-26.46 AN ORDINANCE AMENDING ZONING ORDINANCE: NO. 82-:2.47'8 AND THE OFFICIAL ZONING MAP OF THE'CITY OF PLAINVIEW SO AS TO MAKE THE :FOLLOWING .CHANGES: ZONE CASE NO. 530: Request of the City of Plainview for rezoning a 28.866 acre tract of land from a R-1 (Single Family- Residential) Zoning District to a MF-2 (Multiple Family Residential) Zoning District, described as follows: Being a 28.866 acre tract out of the N.W, part of the S.l/2 of the N.W. 1/4 of Survey-No. 3$, Block JK-2, Hale County, .Texas: BEGINNING at a 3/8 inch steel rod in .the east Right-of-Way line of Quincy Street,... said rod -being 37.5 feet east and 535.0 feet N.0°02'40"E., of the. S. W. corner of the N.W. l/4 of Survey No. 38, Block JK-2; - Thence East, 794.85 feet to a 3/8 inch steel rod at the N.E. corner of a 10°.225 acre tract, as recorded in Vol. 633, Page 151, of the Hale County Deed Records;. Thence South, 220.0 ,feet to a 3/8 inch steel rod at the N.W. corner of Unit-7, Thunderbird Addition, as recorded in Vol. 440, Page 4.47, of the Hale County Deed Records-; Thence East, _630.0 feet along: the north line of said Addition to a 3/8 inch steel rod in the west Right-of-way. line of Lexington Street, as. dedicated in Vo1,.432, Page 57 of the Hale County Deed Records; Thence North, 1005.15 feet along the west Right-of-way line of Lexington ~ Street, to a 3/8 inch steel rod in the north line of the S.l/2 of the N.W.1/4 of said Survey No. 38; Thence N.89=°58'55"W., 1424.24 feet along the north line of the S:1/2 of the N.W.1/4 of said Survey°No. 38, to a 3/8 inch steel rod in the east`Right-of-way line of Quincy Street; Thence S. 0°02'' 40"W. 785; 6 =feet -along the east Right-of-way line of said Quincy Street, to the POINT OF BEGINNING .:and containing 28.;866 acres,. and located in the 3300 block of North Quincy. `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 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 and Map,: have been fully complied with, as well a giving notices..provided by Article 1011F Vernon's Annotated Civil Statutes - Amended, 1953, and novice. 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 thee, City Council determined that it would be in the public interest due to changed conditions, Ghat the Sonng.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 l-. Than Ordinance NO. 82-2478 and.:. the .Official Zoning Map be and the'same are hereby .amended as follows, to-wit: ZONE CASE NO. 530: Being a 28.866 acre tract out of the N,W. part of the S.1/2 of the N.W. 1/4 of Survey No. 38, Block JK-2, Hale County, Texas: BEGINNING at a 3/S inch steel rod in the: east Right-of=Way line of Quincy Streetsaid..-rod being 37.5 feet east and 535.0 feet N.0°02'40"E:', of the'S.W. corner of the N.W.1/4 of Survey No. 38, Block JK-2; Thence East, 794.85 feet °to a 3/8- inch steel rod:.. at the N.E. corner of a 10.225 acre tract, as recorded in Vol. 633,, Page 151., of the Hale County.Deed Records; Thence South, 220.0 feet to a 3/8 inch steel rod at -the N.W. corner of Unit 7, Thunderbird Addition, as recorded in Vol. 440, Page 447, of the Hale County Deed Records; `~ Thence East, 630.0 feet along the north line of: said Addition to a 3/8 inch steel rod in the` west Right-of-way line. of Lexington Street, as dedicated. in Vol. 432, Page 57, of the Hale County- Deed Records; Thence North, 10,05..15 feet along the west Right-of-way line of Lexington Street, to a 3/8 inch: steel rod in the north iine_ of the S.1/2 of the N.W.l/4 of said Survey No. 38; Thence N.89°58'55"W., 1424.24 :feet along .the north line: of the S.1/2 of the. N.W. l/4 of said Survey No. 38, to a 3/8 inch steel rod in the east Right-of-way line of Quincy Street; Thence S.0°02'40"W.,_785:6 feat along the east Right-of-way line of said Quincy 'Street,. to the 'POINT OF BEGINNING.. and containing 28.866 acres, and located, in the 3300'block of North Quincy. City of Plainview, Hale County, ..Texas, from an R-1 (Single Family Residential:) Zoning District to a MF`-2 (Multiple Family Residential) Zoning District. From.. the. date of this Ordinance, said lot, tract and parcel..gf land described shall be and hereby be changed to the Zoning District- 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 t,o 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.llth day of __ March, 1986 to permit the public to be heard prior to consideration of this Ordinance for second and final reading, 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 11th day of March, 1986. A notice of time and -place -where and wYien said Ordinance would be given a public -hearing and considered for 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 ~~ .~ ~ , ` (, Y CHECK SHEET FQR ZONING CASES ZONE CASE NO.: 530 There must be compe]ling reasons for any zoning amendment whi ch are substantially related to the p:~blic welfare and necessity. It is not sufficient th at an applicant for an amend- ment to the Zoning'Ordinance merely show thaw there is no nei ghborhood oujection to a re-' quest amendment; nor is it sufficient that an applicant show that i;he amendment would en- able him to gain a: greater profit or income from his property . . Every zoningamendment_should be"analyzed with regard to the_ I followinq: . ~ A. COi~1PREHEfJSIVENESS: 1. Is change contrary to established land use pat ern? No 2. Would change create an isolated district unrelated to similar districts, i.e., is this °spot Zoning"? NO 3. Would change alter the.: population density pattern and thereby :increase the load on public facilities Could depending on type (schools, sewers, or streets)? of development. ~ Are present 'district boundaries illogically dra4an _ in relation to existing conditions:?' No B, CHAfJGED CONDITIONS: ~ .% 1. Have the basic land use conditions been changed? No (Needs Dave Changed) 2. Has development of area been contrary to exist- ing regulations? No C. PUBLIC WELFARE: 1. tdill change adversely influence livi n g conditions _ . in the neighborhood? ~ No 2. 6Ji11 change.. create or excessively increase . traffic congestion? Unknown (Dependent on Type 3. Will Chan e seriou 1 r~ a g s y ..duce the light and air to o eve opmen ad'acent.area? J No 4 Wrll change. adversely affect-property values-in adjacen area? [Vo 5. Will change be a deterrent to the improvement:.or develo meet. of ad' 7 acent are p ~ a - No Ma Aid v y De elopment 6, Wi11 change constitute a grant.of a special privilege to an individual as contrasted to the general weifare? No D. REASOiJABLE";ESS: 1. ire there substantial reasons why the property cannot be used in accord with existing zoning? Yes -Single Family Cannot Be , 2. Is the change requested out-of scale with the , u i- ami y urposes ~, >- needs of the neighborhood or the City? No 3. Is it impossible to find adequate sites for the proposed use in district permitting such use? i Yes ~~_ ~ ' . . .~; a;~: too ~. ~ ap 35"t'~~ U . ~ - \, ~ ~' \ \ \ " ~' _ . ~ ~r ~. _ ~p~ z ~ . ~ X -- .. .... ~v ._ _ -~ r - - c~~ ~,~~ •~ nd STR ~E.7_-. . _ t rs. so. . co ~e co ~o ca s~ eo ~ 1 , ~~ - 09. £ ~ ~- . $ 4 3 ~ ' o 7C' 6S 6C 60 ~ y0 _ 37 TH - ^~_--- .. -,_ t { y _ _ ~. , . _ ~. . ... ,. . f . - . _ _ - . . . . 7 . , ' . . .. .. . _ ~ - :. . - CITY. -0F PLAIPJVIEW - . - - -. ZONING REPLY FORM ' ~ .. - ~ -y. .. IF FOR AHY REASON ..YOU FEEL THAT -YOU WILL SE UNABLE' TO .ATTEND THE - - . PUBLIC HEARING ADVERTISED BY THLS NOTICE, AND YET YOU DESIRE TO . PRESENT YOUR SENTIh1ENTS REGARDING THE CASE AFFECTING YOU, YOU t~7AY '`- COhiPLETE THIS .FORM AND RETURN IT TO THE SECRETARY'~OF THE PLANNING ANO ZONING COMMISSION, P.O. 8OX 1870, PLAINUTEW, TEXAS,.79O72. REPLY ~ ~ ~'~ " I am in FAVOR OF ( ), OPPOSED TO ~,~ ), the change of zone requested ,' ~~ <.. _ by ZONE CASE N0. 530 -. -My reasons and/or comet nts areas follows: °~tr"'~>~` ~: ;; _ , , r ~ r ~ SS~~S ~t ~. ~ ~ C E 3t t ~ ~ /f ~~ /1~ Q I..~' ~~~/'~ .;.~ ~ ~ j ~ SSA ~ [r'~~.~.~.~/` ~:- ~ Wes. '~~ w ~~} ( 1~ ~`--C s ~ ~ ~ ' ~ ~ ~ I _.~~ 9. ~. .ti . ~ . -GLJ J , ~p~, ti °~ ~ ... r ~ ~~ : ., . ~ _ / ~ O. ~~" - ~ ' . Q.c .~;~,~ ` ~';C~c~-~~ GCS f: _. _._ _. .. ~_.. ~._.. m. J~ ~~ - - - -Cam.-m..-~.-o_.~.,... -~ . _ ~,.,~ _ .~._.~-'~-~ -t ~- ~"~ - . ~~ - ~~ ~ Signature X30,{ ~ = . _ ~: ~~;.. _ - s,~ _ s 1 . _ `. .. .. :, \. - ._ ~ CITY OF PLAINVIEW ~ , . ~ ZONING. REPLY FORM _ IF FOR ANY. REASON ,YOU FEEL THAT YOU WILL BE UNABLE TO ATTEND THE PUBLIC HEARING-ADVERTISED BY THIS NOTICE, AND YET YOU DESIRE 70 ~~ -PRESENT YOUR SENTIMENT S REGARDING THE CASE AFFECTING YOU, YOU MAY _ ...._.. ~. COMPLETE T1iIS FORM-AND RETURN IT TO THE SECRETARY~OF THE PLANNING ~' -.. _..:: ~ ANO ZONING COMMISSION, P.O. BOX 1870, PLAINVIEW, TEXAS, 7.9072. - ~ ~ , - . _ _ ~~~~ r ~ _ REPIY ~i~ . .~ I am in .FAVOR OF ( ) , OPPOSED T0.{}~, the change of zone requested .t *:+ ~~ ~ ~- ..~,, by ZONE .CASE N0. 530 , My .reasons andlor.comments areas fo7`iows: ~ ~'~~_~.~= ..; ~ ez? ~ ~ ~ _ 1J ;~ # ~ `r~ j .~ t ~ ' -- 'y ~ t ~a, ~ j L i ~ 'y - . l Y ._ 3h ~~' tk.~ ,.-: i -: ..,. r. ~ ,. r ., ~ f - .. ~' . 0~ p ~~/~ ` :~~_ PLANf~ING BOARD AND ZOT~ING GOMPdISSIOtd `~ jf1(AS. Date: Feb: 2s, 1~s6 Case No. 530- Dear. Property Owner:. - The request of -City of Plainview for a change Of Zane of _28.866 acre .ract cif 1 anti, from an R-1 7nni n9 ni ctr; ~t - to-a MF-2 Zoning District and located~in the .3300 Block of North.Quincy -, was recor,Tmended to be APPROVED 6y the Planning Board and Zoning Commission _ ~t t6_eir meeting of Feb. 27,.1986 subject to the following conditions: i ~C!/ ... Sincerely,. d?~~" d ~'`- -~,~--_ .~` Mike `1cJonough ~~~-'2 g" .emu G Acting Director of Plannin _ _ ~~ ~ B __