HomeMy WebLinkAbout86-2658V~~
ORDINANCE NO._ 86-265.8
AN ORDINANCE'. AMENDING ZONING ORDINANCE NO. 82-2478 AND THE OFFICIAL
ZONING MAP OF THE CITY OF PLAINVIEW SO AS TO MAKE THE. FOLLOWING
CHANGES:
ZONE CASE N0. 536:
Request. of- J. L. {.Buddy) Widener for: rezoning of the South .fifteen
{15) feet of Lot 5, and all of Lots 6 and 7, Block 2, Brandes
Subdivision from a R-1 (Single-Family. Residential) Zoning District
to a CN.S.- (Neighborhood..Service..District} Zoning District, for
commercial uses', and located at-2800 West Tenth Street.
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 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 Ha11, 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 N0. 82-2478 and the Official Zoning Map be
-and the same are hereby amended as follows, to-wit:
ZONE CASE NO. 536:
South fifteen (15) feet of Lot 5, and: all of Lots 6 and 7, Block 2,
Brandes Subdivision from a R-1 (Single-Family Residential) Zoning.
District -to a C.N.S. (Neighborhood Service District) Zoning
District, for commercial uses, and located at 2800 West Tenth
Street. -
a
..City of Plainview,- Hale County, Texas; from an R-1 (Single-Family. !"~
Residential} Zoning District to a C.N.S. (Neighborhood Service `~
District} 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 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 authorzed.'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'Councl Chamber of the City Hall.
in Plainview,; Texas, at 7:30 o'clock P.M., on the- 23 day.. of
September',' 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 heaving.'
PASSED on first reading this, the. 9th day of September, 1986,
A notice of tme'and`place where :and when said Ordinance would be
given' a' public hearing and considered for- final passage was
published in the Plainview .Da y Herald, a daily newspaper of
general circulation in the City of Plainview, ..Texas, said
publication being on he 7th day of September,, 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 thus, the 23rd day of September,
1986.'..
CHECK SHEET FOR ZONING CASES
ZONE CASE NO_~ 536
There must be compelling reasons for any zoning amendment which are substantia]ly related
to the public welfare and necessity. It is not sufficient that an applicant far an amend-
ment to the Zoning Ordinance merely show that there is no neighborhood o~jection to a re-
quest amendment;'nor is it sufficient that an applicant show that the amendrent would en-
ab1e him to gain a greater profit or income from his property.
:Every zoning amendment should be analyzed with .regard to the follov~ing:
A. COP~IPREHENSIVENESS:
1.
2 Is change contrary to established land .use. pattern?
Would change creat
i
l
t Not contrary to existing land use
. e an
so
a
ed district unrelated
3. to similar districts, i.e.,:is this-"spot Zoning"?
Would change alter the population density
pattern NO -Adjacent to CxD with other
com
e
i
l
i
,
and thereby increase the load on public facilities m
rc
a
uses .
n-.the area.
(schools,-sewers, or streets)? No
~~ A
re present district boundaries illogically drawn
din relation to existing conditions? No
~R9 CHANGED CONDITIONS:.
1.
2 Have the basic land use conditions been Changed?
H
d NO - -(Presently Non-Conforming
. as
evelopment of area been contrary to-exist- ~ use)
ing regulations? rro
C. PUBCIC WELFARE:
]. Ldi~ll change adversely. influence living conditions
'
_~
2. 1n the nelghborhood?
Wi11 change create~or excessively increase NO -Has
been used commercially
for man
.
traffic congestion? y years..
No -see-#1
3. Wi11 change:.seriously reduce: the light and air~to
adjacent area? No -see #i
4; Will change adversely affect, property values in
adjacent. area? No -see #1
5. Will change..be a deterrent to the improvement or
development of adjacent area? No -Already developed.
6. Wi11 change constitute a grant of a'special.
.privilege to an individual as contrasted to the No
general welfare?
D. REASOtJABLE~;ESS:
1. Are there substan ial reasons why the property
2 cannot be used in accord with existing zoning?
I
th
h ~s -Existing commercial buildii
. s
e c
ange requested out of scale with the w is - is anon-con orming use.
needs of the neighborhood or the--City? No
3 I
it i
. s
mpossible to find adequate sites for the
proposed use in district permitting such use? No