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HomeMy WebLinkAbout86-2659o~ ORDINANCE NO. 86-2659 ~~ ,. 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. 537: Request of -Jerry Wofford on behalf of Interstate Development for rezoning of a 28,262 acre tract of land from R-1 {Single-Family Residential) Zoning.. District. and A-O -(Agriculture-Open Space District) Zoning District to a MF-2 (.Multi-Family Residential) Zoning District and described as follows: Being: a 28.262 acre tract .out` of the southwest part of a 232.855 acre tract out :of Survey No. 27, Block JK-2, Hale County, Texas..:. BEGINNING at a spike for the most. westerly corner of a 232.855 acre tract and the northwest corner of a 4.22- acre tract, said spike being in the west. line and 470.4-feet N.A°20'32"W. of the southwest corner of ,Survey No. 27, Block JK-2, Hale County, Texas, and 4867..8 feet 5.0°20'32".E. of the-northwes corner of said Survey; Thence N.89°36'09"E. 812.8 feet along the south line of said 232.855 acre tract and the north 'lines of said 4.22 acre tract and a 4.0 acre tract to a 5/8 inch steel rod found for the northeast corner of said 4:0 acre tract; Thence S.0°23' 51"E. 197.22 feet along the east line of said 4.0 acxe tract to a 3/8 inch steel rod found for the northwest corner of Duncan Addition Unit No. ' 2, -as recorded in Volume 633, page 677 of the Hale County Deed Records; Thence Southeasterly an- arc length of 313.27 feet. along. the north line of said addition around a:curve to the right having a radius point bearing 5.14°22'06"W. 3244.8 feet, a central angle of 5°3'54" and a chord bearing'5.72°51'57"E. 313.15 feet to a point of` tangency; Thence S.70°06'E. 250.14 feet, continuing along the north line. of said addition. to the intersection of the west line of Mesa Drive--.- as recorded in Volume 722; page 625 of the Hale County Deed Records; Thence N.0'°;00'30"E. along the west right of way line of Mesa Drive, at 1,135.:24 `feet passed the northwest:. corner of said Mesa Drive dedication and. the 'southwest corner of a 0.065 acre Mesa Drive dedication as recorded in Volume -727,.page. 67 of the Hale County Deed Records, in`all., 1,172.74 feet to a point; ..Thence N.89°59'30"W. 1353.57 feet. to a .point in the west line. of said survey;::'. Thence. S.0°2.0'32"E. 803.98 feet .along the west line of said survey to the POINT OF BEGINNING and containing 28.262 acres and located on the west side of the 1000 thru 1200 blocks.-of Mesa Drive. ~~ o WHEREAS, the proposed change im 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'inahe 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`we11 as giving notices provided by Article 1O11F 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 Half, Plainview, Texas, at which time persons appeared in 'support of the proposal; and after said hearing, it was by the- City Council determined Ghat 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 ~F PLAINVIEW: SECTION 1. That Ordinance N0. 82-2478 and the Official Zoning Map be and the same are 'hereby amended as ,follows, to-wits - ,. ,_ ZONE CASE NO 5372 Being a .28.262 acre tract out of the southwest part of a 232.855 'acre tract out of, Survey.•No.'27,-Block JK-2, Hale County, Texas: BEGINNING at a spike for... the ;most westerly corner of a 232.855 'I acre tract and the northwest corner of a 4.22 acre tract, said spike being in the west. line ..and 470.4 feet N.0°20'32"W. of the,southwest corner of Survey No. 27, Block JIB-2, Hale County, Texas, `and 4867.8 1 feet S.0°20'32"E. of the :northwest corner of said Survey; ce N.89°36'09"E,'~812.8 feet. along the-south line of'said. Then 232.855 acre tract-and the north lines. of said 4.22 acre tract and a 4.0''acre` tract <to a- 5/8 inch steel rod found for the northeast corner of said 4.0 acre tract;: `'nce S.0°23'51"E. •197.. 22 feet along the'east line of'said 4.0 The of er or the northwest corn. df acre tract to a 3/8 inch-steel rod foun Duncan Addition Unit No.- 2, as recorded in Volume 633, page 677 of the Hale County Deed: Records; Thence Southeasterly an arc. length of 3.13.27 feet along the II north line of said .addition around a curve'. to the right having a radius: point bearing 5.14°22'06"W. 3244.8 feet, a central. angle of 5°3'S4", and a. chord beazng.S.72°51'57"E. 313.15 feet to a point of tangency; Thence 5.70°06'E. 250.14 feet, continuing along the north line of said addition to the intersection of the west line of Mesa. Drive as recorded in Volume 722, page`625 of the Hale County Deed Records; ` ~ r~ Thence N.0°00'30"E. .along the west right of way line of Mesa.. drive, at 1,135.24,feet passed the northwest corner of said Mesa Drive dedication and the southwest corner of a 0.065 acre Mesa Drive dedication as recorded in Volume 727, page. 67 of the Hale County Deed Records,. in .all, 1,172.74 feet to a point; Thence N.89°59' 30"W. 1353.57 feet to a point in the west line of .said survey; Thence S.0°20'32"E. 803.98 feet along the west line of said survey to the POINT OF BEGINNING and containing 28.262 acres and located on the west side of the 1000 thru 1200 blocks of Mesa Drive. City of Plainview, Hale County, Texas, from an R-1 (Single-Family Residential). and A-O (Agriculture-Open Space District) to a MF-2 (Multi-Family Residential.) 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 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 23rd 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 hearing.. 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 Daily Herald, a daily newspaper of general. circulation in the 'City of Plainview, Texas,, said publication being on the 7th day of September, 1986,"the same being- more than ,fifteen (15) days prior -tathe time designated for. said hearing. Af-ter sucYi°opportunity.:.-for. the public- to be heard, said Ordinance was passed on second and final reading. .PASSED on second and final reading this, the 23rd day of September, 1986. E.V. RIDLEHUBER, Mayor ,, _, .ATTEST :. ~.. SHERYL OWEN, City..Cler-k !y ~-~~~" CHECK-SHEET FOR ZONING CASES ZONE CASE NO~ 537 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 objection to a re- quest amendment; nor is it sufficient that an applicant show that the amer~drnent-would en- able h im to gain a greater profit or income from his property. Every zoning amendment should be analyzed with regard to the following: A. COMPREHENSIVENESS:. 1. Is change contrary to established land use pattern? rro 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)? YES - sut not adversiy as the ~'~ Are present district boundaries illogically drawn acs sties s ou e a equa e ~in relation to existing conditions? No B. CHANGED CONDITIONS:` 1. Have-the basic land use conditions been changed ? YES -Adjacent comm rcial areas 2, . Has development of area been contrary to exist- e have brought growth to the.:area. ing regulations? - No C. PUBLIC. WELFARE: _ . 1. ,. _. . G~ii1 change adversely ;influence living conditions in the neighborhood? ~; .. ,.. No _ 2. Will change. create-or excessively increase. ": 3. traffic Congestion? Wi11 change seriously..reduce the light and air to Increase .traffic but arteries should be adequate. adjacent area? rro 4, Wi11 change adversely affect property values in adjacent area? _ No 5. Wi11 changebe a deterrent`to the improvement or development of adjacent area? No 6. Wild change constitute a grant of a special privilege to an individual as contrasted to the rro general welfare? D. REASONABLEr;ESS: 1. Are these.. substantial reasons why the property. cannot be used in accord with existing zoning? YES - A-o Zone .cannot be used for 2, Is the. change requested out of-scale with the development 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? No Zone ~,~s~ ~ ~ 3 ?' 4 4 _ .. Mc~a 1/e2~.e. ~~' ~-~. ©v~ 1.+ ~y ~ ~ f ~ __.._ ¢_ j t~83~.r57~ ~'~.~" ~ (v~ r gR u~ R D ~ nn~F E ~ ~ ~ //~~ 1t s ~ QO~~ +uD~ t a 1'1 _ ~° ~''" O ~~ ~,. A~ ~, ~ ~ -'`~ &12.8' *^' ~. ~ (~ A ~ c~B .~~ R i X34 - b ., , ~~, ~' ~~' ~ i ~( L ru r a w ,_ ~ 2~, 626 ;A~a~ ~'~~c~ ~~~ of ~ i ~~~ ~'~-~ Su~~~t~ tea ~~' Arvt? ~oegTEn~ ors ~-t~~ ~n/ESr ~I~3E _, i~f ~r~~ X00©~'N U R !2~?13 8? Ks ~~ Nl~sa Q~~~~ A - ,~ ,~ Zone Case 537 Mailing List MESA. VERDE. ADDITION Unit No. 1 Lot l P.T.C. II LTD II Hilcrest Green .12720 I3illcrest Rd. #400 Dallas, Texas 75230 Lot 8 Wal-.Mart Prop.. Inc. 701 S. Walton Blvd. .Bentonville, Arlo. 72716 MESA VERDE ADDITION Unit No. 2 .Lot 10-26 Higginbotham-Bartlett Co. .Box 1659 Plainview, Texas 79072 DLTNCAN ADDITION Unit No. 2 -- Lots 15, 16, 20 - Jerry Wofford 1112 Itasca Plainview, Texas 79072 Lots 17, 18, 19, 21, _ Jerr~r Wofford, Inc. E.15' Lot 22 1112 Itasca Plainview, Texas 79072 W. 10' Lot 22 & 23 Howell .Sparrow 1201 Floydada Plainview, Texas 790.72 Lot 24, 25, 34H Robert W. Herring P. O. Box 1206 Plainview, Texas 79072 Lot 26, E5'-27 Belk and `Cook P. O. Box 179 Plainview, Texas 79072 W.20' of 27, E10'-27 Jerry Wofford Inc. 1112. Itasca Plainview, Texas 79072 W15'-28,29 Eddie Sessions F. O. Box 1462 Plainview, Texas 79072 ~~,. .Lot 30, Ei5' of 31 W10'-31, 32 E35'-33 Lot 33 ex. E.35' Lot 34 less 34' Lot 34 Tract. F Lot 34 50'-x 110' out of West Part.-and 50' x 280' out of E Part BLOCK JK-2 SURVEY NO. 27 -4.22 Acres - JK-2 27 in S.W. Corner of SW/4 4.0 acres facing Road 231.455 Acres. ** Blk JK-2 Sec.. 27 out of W/2 .(including said 28.626"acres) ** ., Zone. Case No. 537. Mailing List Page.2 Darvis F. Foster 1403 Ltasca Plainview, Texas 79072 Ralph & Johnnie M. Chilton P. O. Box 1407 Plainview, Texas 79072 Ronald E. Wright P. O. Box 590 Plainview, Texas 7907 2 Jerry Wofford 1112 Itasca Plainview, Texas 79072 Eddie Sessions P. O. Box 1462 Plainview, Texas 79072 Lloyd Belk & Lee Cook 4422 Olton Rd. Plainview, Texas 79072 Jerry Wofford .1112 .Itasca Plainview, Texas. 79072 Tex Lee Edwards 4710 Olton Rd. Plainview,. Texas 79072 Gary Michael Evans. and Lon Mitchell Gary Michael Evans 2214 4th Lubbock, Texas 79415 Interstate Development 1112 Itasca Plainview, Texas 79072 Jerry. Wofford 1112 Itasca Plainview, Texas 79072