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Home My WebLink About86-26540. t /q ORDINANCE<NO. 86-2654 AN ORDINANCE AMENDING ZONING ORDINANCE 'NO. OFF3CTAL ZONING MAP. OF THE _CLTY OF PLAINVIEW FOLLOWING CHANGES.:.: Zone Case No. 533: 82-24.78 AND THE SO AS TO MAKE THE Request of Bob. Bass, on behalf of Marie Mangum and J.B. Jackson, for a Specific Use Permit - Club Serving Alcoholic Beverages - in a C.G.B. (Commercial General Business}.Zoning District, being all of a 0.275 acre tract of .land out of the Northeast quarter. of Section 28, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at the Northeast Corner of Section 28, Block JK-2, Hale County, Texas; THENCE South O degrees 02 minutes 30 seconds West 1,680..45 feet along the East line of said` Section 28, to the Northeast right-of-way of U.S. Highway 70; THENCE Northwesterly.328.98 feet around a curve to the right and ., having .a radius of 2,827.42 feet and whose chord is 3.28.8 feet and bears North 73 degrees 26 minutes West; THENCE North 70 degrees 06 minutes West. along said highway right-of-way, a distance of, 1,122.1 feet to the beginning corner of this tract; THENCE North 70 degrees 06 minutes West. along said highway right-of-way, a distance of 40 feet to a point; THENCE North 19 degrees 54 minutes East 300 feet to a point on Southwest ine of alley; THENCE. South 70 'degrees 06 minutes East 40 feet to a point; .THENCE South 19 degrees 54 minutes West 300 feet to the PLACE OF .BEGINNING, and located at 3416.Olton Rd. 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 anemergency; and, 00~ p9Q ,,, 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 _- T, -- -- r 6 .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 Gity 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:: SECTLON 1.`That Ordinance N0. 82-2478 and the: Official Zoning Map be and the same are hereby amended as follows, to-wit::.... ~`~ Zone Case No. 533: Request. of Bob Bass, on behalf of :.Marie Mangum and J.B. Jackson, for a Specific Use Permit - Club Serving Alcoholic Beverages. - in a C.G.B. (Commercia3 General Business) Zoning Dis rict, being all of ' a - 0`.275 acre tract of land out. of the Northeast quarter of Section 28, Block JK-2, Hale County, Texas, described by metes. and bounds as followsc BEGINNING at the Northeast Corner of Section 28, Block JK-2, Hale County, Texas; ~:., THENCE South ,0 degrees 02 minutes 30 seconds West 3,680.45 feet along the East line of said Section 28, to the Northeast .right-of-way of U.S. Highway 70; THENCE Northwesterly 328.98 feet around a curve'to the right and .having a radius. of-2,827.42 feet and whose chord is-328.8 feet and _bears North 73 degrees 26 minutes West; THENCE North 70 degrees. .. 06 minutes. West along said highway right-of-way, a distance of 1,122.1 feet to the beginning corner of this tract;, THENCE North 70 degrees 06 minutes West. along:. said highway right-of-way,.a distance of 40 feet to a point; THENCE:.North 19 degrees 54 minutes East 300 feet to -a point ,on Sauthwest line of ..alley; THENCE South 70 degrees. 06 mnutes'East 40 feet to a point; THENCE South 19 degrees 54: minutes West 300 feet to the PLACE OF BEGINNING, and located at 3416 Olton Rd. City of-Plainview, Hale County, Texas;. for a Specific Use Permit in a C.B.G. Zoning District: From the date of thin Ordinance, said°lot, tract and parcel of <land described shall be and hereby ~~m . 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 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 22nd day of July , .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 8th day of July, 1986. A notice of time and place where and. when 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 6th day of July., .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 22nd day of July, 1986. E.V. RIDLEHUBER, Mayor ATTEST: SHERYL OWEN, City Clerk 7 .-. .- _ _ , ... i ~. ~~ r~~s ~~ NOTICE OF APPEAL NOTICE is hereby given to all owners of property hereinafter described and referred to and to all other interested persons as provided by law,.. that the. Mayor and Cty'Councl will hold a public hearing.. on the .22nd day of July, ,1986 at 7:30 o'clock..P.M., in the Council Chamber of City Hall,: 901 Broadway, Plainview,' Texas.,. to consider an Appeal of the Planning and Zoning Commission decision concerning the following described property and at-said hearing all' interested persons will be given an opportunity`to be heard.. '' -Zone Case. No. 533: Request of Bob Bass, on behalf of Marie Mangum and J.B.. Jackson, for a Specific Use Permit - Club Serving Alcoholic Beverages - in a C.G.B. (Commercial General Business) Zoning District, being all of a 0.275 acre tract of land out of the Northeast quarter of Section 28, Block JK-2, Hale County, Texas, described by metes and bounds 'as follows: BEGINNING at'the Northeast Corner of Section 28, ,Block JK-2, Hale County, Texas.; THENCE South 0 degrees 02' minutes 3-0 seconds West 1,680.45 feet along the East line of said Section 28,- to the Northeast right-of-way of U. S.. Highway 70; THENCE 'Northwesterly _328.98, feet around a curve to the right and having a radius of 2,827_.42 feet and whose chord is 32$.8 feet and_ bears North 73 degrees 26 minutes West; .THENCE North. 70 degrees. 06 minutes West along said highway right-of-way, a distance of 1,122.1 feet to the beginning corner of .....this tract; THENCE North 70 degrees 06 minutes West along said highway right-of-way, a;distance of 40 feet to a point; THENCE- North. 19' degrees 54 minutes East 300 feet. to a paint on Southwest line-of alley; .THENCE.. South 70 degrees 06 minutes... East 40 feet to a point; THENCE South 19 degrees 54 minutes West 300 feet to the .PLACE OF BEGINNING, and located. at 3416 01ton Rd. ,_ WHITE, SEi,F & BASS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW CHARLES G. WHITE - 601 WEST 7TH EDWARD L. SELF ~ PLA)NV1EW, TEXAS 79072 SOH SASS - - .(806) 293-8463 June 26, 1986 . Mr. Miks McDonough City of Plainview P.O. Box. .1870 P1'ainview,.Texas 79072 RE: NOTICE OF APPEAL,. ZONING .CASE #533 Dear .Mike.,.. On June. 25th, 1986, the-Planning and Zoning Commission. of the City of Plainview, denied 'an application by Marie Mangum for a specific use permit in-the above referenced case. `~_., Please. consider this letter as our. request for an appeal to the City Council. of the City: of Plainview of the decision by the P & Z Commission. Thank you far your attention to this matter. Sincerely, n Bo Bas Attorney for Applicant cc: Mrs. Marie Mangum Mr. James Vickrey ~. ,~ ., i , ~1 _. _~ A 0.275 acre tract of land out of the NQxtheast quarter of Section 28, Block JK-2, Hale County, Texas-and located at 3416 Olton Road. ,_ , \, 20 20 20 2 20 29 0.48 !36.29 ~ aa-0 137.53 $ ~ {21 !7 130.03 75 130.03 ~. ~ A3 ~ 75 130.03 ~ 28:14 75 2 ~ N e 8 ~ ~, 5gJ ~ ~, 1 ~, 14 ti ~ ~, ~ ~ m 13F 2B °0 m V 11 869 ~' 9g,8 ~ 130 °' [] Q' 00 130 130 °° m 128.f0 m ry ~~ r Q ~ (~ O _T n ~ \56.8 c, ~, (~ 6 +~ ~ m ~ - ~ ~.,~ 9se 3` ~ - D ~ 12a~o L~ ~$3 4Q E~ 6s ~ 6 3 06 0 130 - 130 h ti (( m [~ 8/ o h `~ • 8/ 9 2 ~`' 72.94 .~ pp . ro s OVA Z° m. i~ ~ C n ~ _. ~N ~ ~xD Oy V / ~, : 73 ti . O n h Q N Q ~ x'36. 3 `' O~ ~ 3 0 ' p 13320 = O G~ 84a,, M O -12 72.94 V m ~. ~ _ ~° o m 3? 8 I _ ~ OA\ - .r: - m. S ~ \~j 8, ~~ - 3 p ~6~ - \ ~ 130 3955 F OO 2 2 30 /` 2q. ~ _ es n 1 - ~ 2rO sG ss/! ~ 85 _ ~ ~ ~ \~6. ~3 0/ .GS Q ~,~ 98 r~4. Os ~ `461,, ~.q~OZ ~ M~ 24 ~ J Q.~ 64.2 ~ r-. ~~ ao ,yf gg '9.54 g• n ~ ~n ry p~`•i' °~ ~ T9 p2 85 . ro 'LJ M ~ ~ 1 ti 0 • ,9,.,5 ,moo A 85 2oa 9 /~ ,TO,q -pp ps p, ?5 . ~ ,s ? ' ~ \\ ~ ^~, ' \\ a ' ~5 V~ ~ `~ ~ 9O ~'~~ ~~q 3 \,~ ~ ., ro o \~~~ b ~ O 133, ~~\ : Q ~ ~ O ~ tb \\\ Sp N /4y ~\ ~. SO A - `f .. ~ ° /4s.0 ~ ^ ff S n ~, ~ c~ ~- 3`~6 , ~ V ~ s° a ~ !'~',~ ~, ~ o -~, ~ No >5 ~~c. ~~ ~ ~~ -- ~ ~"1 e. .. ~,. _- ~~ ZONE CASE NO. 533 Mailing List -Council W 5'-5, Lot 6 John H. Hayes 811 Itasca Plainview, Texas 79072 E80'-5 Edgar Eugene Arrington 809 Itasca Plainview, Texas 79072 Lot 7 Oscar F. Butlar, Jr. 813 Itasca Plainview, Texas 79072 _~ Lot 8 Austin Meriwether 815 Itasca Plainview, Texas 79072 Lot 9 Earl Willis 817 Itasca. .Plainview, Texas 79072 GRANDVIEW ADDITION - Lot 44 r --. The Trinity Co. `~_ ., P. O. Box 99120 Lubbock, Texas 79422 Lots 45-46.47 Ex Tr. Plainview Real Estate Development Co: Out of SE/Pt. 4 P. O. .Box 16265 Lubbock, Texas 79490. JK-2 Section '28 AB 1472'JK-2 28 Natoo Patel 4.3 Ac. out of NE/4 3600 Olton Road N. of Hwy & Lying Plainview, Texas. 79072 E. of 8 Ac. Tr. AB 1472 JK-2 28 ** J. B. Jackson out of NE/4 40 x 300', 204 Amarillo 40' Fac. Hwy. Beg. 70' Plainview, Texas 79072 East of Congress Inn AB 1472 JK-2 28 Jack R. Pritchard out of NE/4 N. of PJ O. Box 1617 Hwy 110 x 300 Plainview, Texas .110 Fac. Hwy. Beg. 110' E. of Congress Inn ~. _ , .. r-. . -.. ~ _... _ - , ~,.-, , ' ZONE CASE NO. 533 Mailing -List -Council Page 2 r' " ti AB 1472 JK-2 28 Rex G. Relies out of NE/4 1205 Garland 79 x 300 Tri-Tract Plainview, Texas 79072 E. of_Congress Inn 3422 Olton.Road AB 1472 JK-2 28 Rex G. Relies t out of NE/4 1205 Garland 78 x 300 Fac Hwy Plainview, Texas 79072 Beg..220' East of Congress .Inn AB 1472 JK-2 28 L. D. Usher out of NE/4 3406 Olton Road 100 x 300'. N. of Hwy.. 70 Plainview, Texas 79072 ** Bob Bass 607 W. 7th Plainview, Texas 79072 ** Marie Mangum X1.1 Ash Plainview, Texas 79072 .. -_ ,_ ,,i .,, .., `'~.. 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 TO PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY COMPLETE THIS FORM AND RETURN IT TO THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, P.O. BOX 1870, PLAINVIEW, TEXAS, 79072. REPLY I am in FAVOR OF ( ), OPPOSED TO (~), the change of zone requested by ZONE CASE N0. 533 My reasons and/or comments are as follows: ~~._., ' / QEA6~ GITIZEPlS QF PLFtII~I`,liEW 6f24~86 Qur family maued'to Plainview the first .week in Rpril this year, 1~leedless to say we were very excited to spend our first night in our new home. The first night turned ..into a nightmare much I ike several nights since . That Saturday night we encountered a drunk in our backyard and soon learned .that the alley behind our house is used as a urinal by those .who have lost or Heuer had any decency. Ewers Saturday and Sunday morning we haws to pick up the beer cans and bottles from our backyard. We can't aliow our children to play in the bactti~ard after 7=PlQ p,m. on Friday .and Saturday nights because of the public disRlay and filthy language. The privac;r fence doesn`t do any goad because. the alley is raised and the view from our yard is explicite especially two hours before dark. We have contacted the police, but that' can't spend all their time .chasing the drunks out of this outdoors urinal. A permanent solution must be found. Possibly fencing off the alley might be.a start. Wa have no contention with the clubs as a business, but when it affects. the homes and. 1 i4fes of innocent ReopLe> something is wrong. How do you explain this behavior to four and five. year aid children. When we first visited Plainview we were eery er.~ressed by a louely.town. .just right to raise-four children. Sadly enough, .realization is setting in. Please help us correct this situation, with your help we can. \. With you in spirit, sincerely, Larry 3~ Vick i< edd in 805 Itasca St. Plainview n ,/ ~i ~ ~ -- ___ ~ _~ _ _. _ ~ ~~ u ~~__~'_ _,~ a£-?.~__._,_- ~i..L~eG ~:~-..~.r ,~-Wit,--Gcrz~_.~~- ,,~. ~ ;) ~~' _.._ .CGS _ ~ ~ ~_ ,~ ~ r .~ n ~, - - ~, .~ ~~~ _ - , --- ~ - -- ~ - -- ~•~c~,_ ., _. , _-- -_ 1 !' .- . _ ~ 4 f ._~ L ~ ~ !( d p ~ ,/ ~J /~ _. __~_ ----_ - --- --- _ -- e ~~i/5 z~'.~ .. ~~~,ZC~Lr-if/ _ ~„(~ !~/.. c~c~. --. ___.1~,1L~~. __ ~Ci~i~c!~~ _: _~-~v _ _' f~-- - _ !~ ~ - ,. a- r s // t _ pG~ {~j~ ~_ ~ - -_ ~ _~ , -.--i u.~.~- f< ~~ - f ~ .-._ P_..____._..- --- --_ __ __- ---- -. .:~ ~ __!?"t~Z~tr~ _ e =~'~~ _ /ftifi <~ U"/. _ G~7~t~'tr_ _.t~~=~-~'-~' G~'~--COY--- - - ~i ? f - ~~. - --- ~w ~, ~; ,~ ~ ----- ~f _ ~~.. ~. °-~, r~ (~ 9 • , _._______.~._~...._-.w.._ __.« !st~i'rCi j Cr~%i.- ~'L'f~.~.~,/ ,!~Y..C7 ~~"c/,,i._ _ ~lri.~~~~~ ,2i17/C.-!,~_._. __ .. .~''1.-- ._.._ -. -- - - - --------- --- - ~°c~`,~~L?1 ~~i~ --~ ~ r r' 'r ~ S/ r r ~ Y _ f/.. _----- -----__ --- --- -_ --- - .. -. e _~ _ :/ v ; ~ f ~~ ~; ~ ,;~ ,, . ~ -~/,~ .~. ~ ,n __ ~_.~._~_---.~_~_.~i ~_.- r /----- ~ ------ -------- ,,-, ~:~__ \_...i 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 TO PRESENT YOUR .SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY COMPLETE THIS FORM AND RETURN IT TO THE. SECRETARY OF THE PLANNING AND. ZONING COMMISSION,. P.O. BOX 1870, PLAINVIEW, TEXAS, 79072. REPLY I am -in FAVOR OF ( ), -0PPOSED TO (~/), the change of zone requested by ZONE CASE N0. 533 My reasons and/or comments are as follows: ~ ~ ~~ G~ r J ~ -r'' f`?~2t~ ,.E', -~-mot- ~~ ~- ;~.:,. ~ ~ ~ Y--r -~.:.-~/Le ~ L~ -~ L ~~- ~ ~ f~ ~r~ ...~,e~ ~. ' ~_ / ~ ' __ /~•~_?' '~' . J~I_.-,J---~L_-~-~. /C--/fj ~,, -, 'a-~'D-C.t-C~~ ~~~ ~r-j't-G; ~""Lv~ -.r?"~~ .l~ L^~< --~.•<L-' ~j _'.~%.' A ~ '` i~ ~f ~ / ' o ~! r tf Fi/`~/~ t~. ` -yv .%~r ~'~~T L,. !~..-Gr"~ L-"'?'L ~ .tom G'-~--~C tilt. ~~ /ltlT~i ,~2~- ~` -~m"v ?,- ~C~.~-.2,- ~-GG.-`E? ~ 4 ~.G- [-~J ~-L~E- J 9 !/,l f ~~`` r U f /j ?°7Gx- n L- ~, ~fi._,~-(,:~LO~a•~,~ -'~ '7~~~`i:~' C,=.~~-{ G~-~'u~ lf---~~"-f ~ ~j2_E.c-~-{~-/Z°Z ',,>J A-rt~~t .i~ .,~iy'-,' --r~.=:J'~''~~=.~L- ~--~'Lr~ '? ~3~-vc(~ /~-~-`e~'/" `~f ~.. / '.., ~' Signature -, ,_... CHECK SHEET FOR ZONING CASES ZONE CASE NOt 533 There must be compelling reasons for any zoning. amendment which are substantially related to the public welfare and necessity It is not sufficient that an applicant for an amend- ment to the Zoning Ordinance merely show that there is no neighborhood oi~jection to a re- quest amendment; nor is it sufficient that an applicant. show that the amendrent would en- able him. to gain a greater profit or income from his property. Every zoning amendment should be analyzed with regard to the folloFring: A. COC-1PRENENSLUENESSm 1e Is change contrary to established land use pattern? No (clubs exist in area) 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 (schools, sewers.., or streets)? No Are present district boundaries illogically drawn in relation to existing conditions? No B~ CHANGER COP,~ITIONS: ~ ~ - 1. - .Have the basic land use conditions been .changed? No 2., Has development of urea been contrary to exist- ing regulations? No C. PUBLIC WELFARE: 1. 6b~i11 change adversely influence living conditions in the nelghbOrh00d? Not Likely / Three Private Clubs 2. Will Chdnge CrBdt° or eXC2SSiVely lncreaSe Already in Adjacent Area traffic COngesti0n? Same As No. I 3. Will change seriously reduce the light and air to adjacent ar~ea? rto 4, Will change adversely affect property values in adjacent area.? No (See No. 1) 5. Will change be ~ deterrent to the improvement or development of adjacent area? No /Area Already Developed 6. Wi11 change constitute a grant~of a special privilege to an individual as contrasted to the general welfare? No D. REASO(JABLEP~dESS: 1. Are there substantial reasons why the property No -can be used fir other purpose cannot be used i n accord with existing zoning? but Private-Ctu~s~~~mTist.,?~~ave=.a 2. Is the change requested out of scale with the Speci is use Permit.... _, needs of the neighboY'hood or the City? ? -This is an Area of several 3. is it impossible to find adequate sites for the Private Clu s .proposed use in district permitting Such use? No -Private Clubs may locate in other areas. ---- - -, if ~_ r- ,- ._, ~ _ i - COUNCIL HEARING NOTICE. is hereby given to owners. of the property hereinafter described and referred to and to all other interested persons as provided by law, that the Mayor and City Council will hold a public hearing on the 22nd day of July,. 1986, at 7:30 o'clock P.M., in the Council .Chamber of City Hall, 90.1 Broadway, Plainview, Texas to consider the recommendations made to it by the City Planning. and Zoning Commission concerning .the. following described property and at said hearing all interested persons will be given an opportunity to be heard.. Zone Case No. 534: Request of David Williams. and rezoning of a 0.87 acre.. tract Residential) Zoning District District) Zoning District for follows• the Hale .County State Bank for of land. from R-1 (Single-Family to a C.R.D. (Commercial Retail commercial uses and described as Being the south 0.8T acres (presently zoned R-1) of a 1.428 acre tract out of .the northeast quarter of Survey No. 28, Block JK-2, .Hale County,. Texas. BEGINNING at a 3/8 inch steel rod found in the west right-of-way line of Ennis Street for the most easterly southeast corner of a 1.428 acre tract, said rod being~577.1 feet North and 45 feet West of the .southeast corner of the northeast quarter of Survey No. 28, Block JK-2, Hale County, Texas; THENCE West 73.3 feet along the north line of the Juanita Hyatt 0.26 acre tract to a 3/S inch steel rod found for the northwest corner of saidtract; THENCE South 97.1 feet to a 3/8 inch steel rod found far the southwest corner of -said 0.26 acre tract and in the north line of Lot 9, Hilltop Addition; THENCE West 109 feet to a 3/8 inch steel rod found-for the southeast corner of Lot 6 of said. addition.; THENCE North 246.9 feet along the east line of said addition to the most southwesterly southwest corner of tract zoned C.R.D. (C-1) by Zone. Case No. 230, Zoning Ordinance No. 72-1294; THENCE East 182.3 feet -along the south line of said zone to the southeast corner of said zone, said corner being in the west right-of-way line of said Ennis .Street; THENCE South 149.8 feet along the west right-of-way line. of said :street to the-POINT OF BEGINNING and containing 37,892 square feet or 0.87 acres; and located at 511 Ennis Street. __ : ZONE CASE NO. 534 Being the south 0.87 acres (presently zoned R-1) of a 1:428 acre tract out of the northeast quarter of Survey No. 28, Block JK-2, Hale County, .Texas and located at 511 Ennis. ° e c O. ° ~ .SEVENTH S v7° h ~~ 267.5 S ^~ ~ ~9 ~ to _N~ ~ - ' M N N p ~ - - i S 5 26T. ~ 50 50 r ~ O ~..,r..~..,, ~ Sal ^ GpO ~ ~ :45 50 ~~ ryY •~5 N ~? ~.......~ a 5.0 q..ti 2>/ > - `~` N ~ G . ~° ~ v ° ~a~ n• 1$ 2.3 75 {`~~~ ' ~ `° 104 ' \ , '~rp o ~,82 .. /.~, 6105.32 ~~ti~ ~' .~' ~ ti ~ ~ ~ W ~.~ . M . ..~ OQ ~'' W O 67.5 ~~ 6 .5 $5 30 ~'~ 12 ~ `' ~~.,~ ~,3 1i1 17.5 ~ n ~, +C? r (1 bad G ~ 1-~/~ ~` ~ ~-~ ~ N ~ n ~ o ~ Cv o " 8~~ 37 6 ~ ~a 115.7 ~ ?,s 172 3` ~ cp ~ { . . ~ P B.9 d. r„ N rasa m , 140.66 Q. ~ ~ ~, .. 20 M i !i2! 95 ~ . ~ ~ --~ a ~ ~~//}}5 ~~°3pe y56 ~ ~ a W ~ ~ Wpb i ~ _ T~ . ,. ~° ~ ~ 7 ~ `' 38 3.f7 ~ ~ to ° ~' ~ G° - " ° t3 { l ~~ ~ ~• 5~ 3 73.5 141.5 ~ 67.5 67 64 64 75 75 20 W, FOURTH .~ ., COLLEGE HILL ADDITION i '~.._.~ Block 87 Lots 1-2 W15' 3-22 and alley. closed Lots 20-21 ZONE CASE NO. 534 Mailing List -Council Louisiana Nursing Homes P, -0. Box 33888 Shreveport, Louisiana 71130 Louisiana Nursing Homes P. 0. Box. 33888 Shreveport, Louisiana 71130 E52'-3 Nantuckett Enterprises all 4-6 .plus % Jerrico, Inc. alley on N & 20' P. O. Box. 11988 `~ alley on W S20' & Lexington, Ky. 40579 22.5' of N50' of Lot 22 of W/2 W/2 17-19 Clarence A. Gaither 3106 W. 4th Plainview, Texas 79072 HILLTOP ADDITION Block 1 /. , ~_ Lots l-2 Cecil R. McCormick 715 Oakland Plainview, Texas .79072 _ Lot 3 - Stan Butler .;:... 512 Grandview Plainview,. Texas 79072 ...:., _. Lot 4 David'McIlroy _ 510 Grandview Plainview, Texas 79072 .Lot. 5 Deborah J. Wood - 508 Grandview Plainview,. Texas 79072 Lot 6, N20'-7 Blair Willson 506 Grandview Plainview, Texas 79072 S40'-7, Lot 8 Bobby V. Smith, Jr. 412 Floydada Plainview, Texas. 79072 Lot 9 _ _. , W. E. Goodgion .. ' 501 Ennis . _, - -- _ r ~. Plainview, Texas 79072 ~. _ .~ r , -T- ~ _ ZONE CASE NO. 534 Mailing List -Council Page 2 ~_ JK-2 28 AB 1472 JK-2 28 Juanita Rebecca Hyatt S/2 of orig.. 1550 Lyles 97 x 118.3' located Amarillo, Texas 79107 • at 507 Ennis .50 acre JK-2 28 W. E. Goodgion out of .120 x 363` 501 Ennis 240' N of _ Plainview, Texas 79072 SE/C 1 acre JK-2 28 ** Hale County State Bank 1.:428 ac out of P. 0. Box 970 NE/4 Plainview,. Texas 79072 AB 1472 JK-2 28 ~ Lonnie Tim Johnson out of NE/4 1006 Canyon S of Hiway Plainview, Texas 79072 175..x.259' fac Hwy 70 & N of Lot 1 & 2 Grandview GRANDVIEW ADDITION i' \..-' Lot l Kenneth Stone 1501 C W. 5th Plainview,.. Texas 79072 - Lots 32-33 _ Louisiana Nursing Homes • -` P. O. Box 33888 ° . Shreveport, La. 71130 L-Shaped Tr out of Plainview Real Estate Development Co. SE/Pt Lots 47; 48 & 49 P. O. Box 16265 Eubbock, Texas 79490 ** David Williams °o Hale County State Bank P. O. Box 970-_ Plainview, Texas 79072 ** Graddy Tunnell LaFont, Tunnell, Formby, LaFont & Hamilton P. O. Box 151.0 ~~ ; Plainview, Texas .79072 CHECK SHEET FOR ZONING CASES ZONE CASE NO~. 534 There must be compelling reasons for-any zoning amendment which are substantially related to the public welfare and necessity It is not sufficient that an applicant for an amend- ment to the Zoning Ordinance merely show that there is no neighbor~iood objection to a re- quest amendment; nor is it sufficient that an applicant show that the amendrent would en- able him to gain a greater profit or income from his property. Every zoning amendment should be analyzed with regard to the follov~ring: A. COh1PREHENSIVENESS: 2 3 r; Is change contrary to established land use pattern? lJould change create an isolated district unrelated to similar'districts, i,e., is this "spot Zoning"? Would change alter the population density pattern and thereby increase the load on public facilities (schools, sewers, or streets)? Are present district boundaries illogically drawn in relation to existing conditions.? Bo CHANGED CONDITIONS: ~ _,, `~-= 1. Have the basic .land. use conditions been changed? `2. Has development of area been contrary to exist- ing regulations? C.. PUBLIC.WELFARE: 1, 4dill change adversely influence living conditions in the neighborhood? 2. Will change create or excessively increase traffic congestion? . 3, Will change seriously reduce the light and air to adjacent area? 4. Will change adversely affect property values in adjacent area? 5. Will change be 'a deterrent to the improvement or development of, adjacent area? 6. Will change constitute a grant of aspecial privilege to an individual as contrasted to the general wetfare? D. REASOfJABLE"dESS: 1, Are there substantial reasons why the property cannot be used in accord with existing zoning? ~, 2, Is the change requested out of scale with the needs of the neighborhood or the City? 3. TS it impossible to find adequate sites for the proposed use in district permtting,such use? No No No No No No No No No No No -Much of area is developed. No Yes No No 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 TO PRESENT Y~UR.SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY COMPLETE THIS FORM AND RETURN IT TO THE SECRETARY O F THE PLANNING AND ZONING COMMISSION,_P.O. BOX 1870, PLAINVIEW, TEXAS, 79072. REPLY I am in FAVOR OF ( OPPOSED TO ( ), the change of zone requested by ZONE CASE N0. .534 My reasons and/or comments are as follows: .THE STATE OF 2'~:AS § ~L~'IDAVIT COUN`T'Y OF KAT,F § I, Norvene H. Owen make this affidavit and hereby on oath state in following: I, and/or a arson or persons related to me, have a substantial interst in a business entity that would be peculiarly affected by a vote or decision of the C~-e ~~~. as those terms are defined in Artical 988b, V: T.C.S. - The Business entity 1S (name) ua'1 a ('n,mtt, St at~j~-+r~> ,City. of Plainview as a member of the Planning £x Zoning Commiss- zon { addre ss) ~s-C..-$.e~Q-7 9 ~ i ~ ; „ ~--.view' Tx (I or name of relativeand relationship) (have/has) a substantial interst in this business entity for the . followingre~sons:{check all applicable). Ownership of 100 or more of the voting or shares of the business entity. a~nershp of $2,500 or more of the fair market value of thor business entitv:~_ x F~u~ds received fran he business entity exceed 10 0 of ~~ ~ (my, her, his} income for the previous year. ,~ ~' - Real property is involved and {I, he, she) have an equitable or legal ownership with a fair market.value of at least $2,500: A relative of ;mine has a sub7_santi_al i_nterst in the business entity ,or property that would be affected by a decision of the .:,public body of which I am a member. Upon the filing of this affidavit with_the City Secretary,'I affirm-that I will abstain from voting on any decision involving this business entity and from any further participation. on this matter whatsoever: Signed this 23 day of one 198 6 _ Si tore of offi_ci_a Norvene H . Owen . V. P.-Director of-Hale County Title tate Ban .., aznvzew, x. BEFORE Pte, the undersigned authority, this day p°rsonally appeared ~`7~rvene H . Owen and on oath. stated fl=at the facts hereznabove_stated are true to the best `of {his./her) knocaledge or "' ~ieZief . > ~ ,, `~ - Sworn to and subscribed before me on this. 23 day of June ,198 0. ~- Notary li in and for the State ~~ ~~ ~' of Tex (Judy Butler).. My com<Ttissi_on expires.: _ 8/i9/39 :: ..,: ~: .. ~. -- - -- i .~i;, ~F'FIDAVIT TfiE STATE OF T~'.AS COUN'T'Y OF HALE City of Plainview Planning I,- Ronald Pd. Gar~~ui~age as a member of theme Zoning Commission. make this affidavit and hereby on oath state. in following: I, and/or a person. or persons related to me, have a substantial interst :.n a business entity that would be peculiarly affected by a vote or decision of the Case PZo. _ as those terms are defined in Artical 988b, V.T.C.S. - The Business entity is. (name) • dale County. State Sank. {address) P. 0. Box 970; Plainview, TX. (I or names of relative and relationship) - (have/has) a substantial interst in this business entity for the .following.. reasons: (check all applicable).- Ot,mershp of 10 0 or ire of the voting or shares of the business. entity... Ckvnership of $2,500 or more of the fair market value of thex business entity:~_ Funds received from the business entity exceed l0a of -~ (mv, her, his) income for the previous year.. '.~ _ - Real property is involved and (I, he, she) have an equitable or legal oc~rnership with a fair market value of at -least $2,500. A xeiative of .mine has a sub]_santial interst in .the business entity or property that would be affected by a.decisionof the public body of which I am a member.. Upon the filing of this affidavit with the City Secretary, I affirm that - Twill abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Sighed this 23 day of June 198 6 _ .. . ~ ignature of: ~ ona ammage .Vice Pres.-Hale County State Bank, TZtle Plainview, Tx. ,,~ BEFORE rte, -the `undersigned authority, this.. day personally appeared '~.,; Ronald N Gamma~e and on oath stated. that the facts herem~-~bovestatedare rue to the best of {his/ er} knotaledge or belief, ~ ,' ~ ; ~} ~ ~, Sworn. to and subscribed before me on thi 23 y J . e ~ ,1986; . '~,~~~~ .+, ~`~ .,~ ~= ~~~ No arv is and zor die State. of Texas ~ y ) ~ ' ' Kat Durham . MY comit:tsson .expires: 1/16/90 ~. . ~ :.:: _- __. -~ ~ ~ -- ~ -