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Home My WebLink About86-2671 ORDINANCE NO. 86-2671 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 NO. 539: Request of Patty Winters on behalf of Wilson Daffern for rezoning of Lots 13 , 14 , 15 and South 24 feet of Lot 12 , Block 2 , High School addition from a R-1 (Single-Family Residential}.Zoning District to a C.N.S. (Neigh.borhood Service District) Zoning District. for commercial uses and located at 1701 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 as giving notices provided by Article 1011E Vernon's Annotated Civil Statutes - Amended, 19.53, 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 N0. 82-2478-and the Official Zoning Map be and the same are hereby amended as follows,. to-wit: ZONE CASE NO. 539: Lots 13, 14, 15 and South 24 feet of Lot 12, Block 2, High School addition and located at 1701 Quincy. City of Plainview, Hale. County, Texas, from an R-1 (Single-Family Residential} Zoning District to a C.N.S. {Neighborhood Service 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. o 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 28th day of October, 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 14th day of October, 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 12th day of October, 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 28th day of October, 1986. E.V. RIDLEHUBER, Mayor ATTEST: SHERYL OWEN, City Secretary CHECK SHEET FOR ZONING CASES ZONE CASE NO~. 539 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 neighbor6iood objection to a re- quest amendment; nor is it sufficient that an applicant show that the amendment would en- able him to gain a greater ,profit or income from his property. Every zoning. amendment should be analyzed with regard to the following: A. COP~IPREHENSIVENESS: 1. Is change contrary to established land use pattern? No - This area of N. Quincy has - - 2. Would change create an isolated district unrelated vera commercia rac s. 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 Ba -CHANGED CONDITIONS: 1. Have the basic land use conditions been changed? No 2, Has development of area been contrary to exist- ing regulations? No C. PUBLIC .WELFARE: 1. 4Jill 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 a special privilege to an individual as contrasted to the general welfare? D. REASD(aABLEP;ESS: 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. Is it impossible to find adequate sites for the proposed use in district permitting such use? No No No No - Quincy is becoming a commerci. No - Area is developed for the mos part. No - Property is adjacent to Quincy which makes it less desirable as a residential .use. - - ~ __~ No No ~'d~ i z 139.7 m ` 0 O ~ 140 ~ is ~~ ~ ~T~ ~ 102.5 \ 'r A ,qty. STREET ~ ~ ~ ~ ,\ ~ g tti ST 75 stre~.+ 1 1 _ •~ •~ South 24' of Lot 12 and all of Lots 13, 14 and 15, High School .Addition located at 1701 Quincy . -. ~ ~ 75 (-- MAILING LIST •~ Zone Case No. 539 HIGH SCHOOL ADDITION ' Block 1 E. 6.8' of 6, Lot 7, Wilma Courtney W. 11.8' of 8 1903 W. 17th Plainview, Texas 79072 E. 38.4' of 8, P. E. Dever W. 30' of 9 1909 W. 17th - Plainview, Texas .79072 E. 20' of 9, Lot 10 C. E. Grady 1805 W. 17th Plainview,. Texas 79072 Lot 11, N. 43' of 12 Quinton Stelzig 1605 Quincy Plainview, Texas 79072 ..5. 14' of 12, All of 13, N. 14' of 14 Plainview I.S.D. P. O. Box 1540 Plainview, Texas 79072 Block 2 E. 48' of 6, W. 26' of 7 ~ W. W. Kirk ._, 1815 W. 18th .Plainview, Texas 79072 E. 24' of 7, Lot 8 Ethel V. Langford 1811 W. 18th Plainview, Texas 79072 Lots 9-10 John W. Blaine 1809 W. 18th Plainview,. Texas 79072 Lot 11, N. 33' of 12 O. C. Collins 1711 Quincy Plainview, Texas 79072 S. 24' of 12, 13-13 ** Wilson Daffern P. O. Box 146 Plainview, Texas 79072 Lot 16, E. 19.5!. of 17 L. C. Marshall 1202 Floydada Plainview, Texas 79072 W. 30.7' of 17, E. 38.10' of 18 Clinton. Wall 1900 W. 17th Plainview, Texas 79072 a ~-' r i MAILING LIST Zone Ca se 539 Page 2 W. 11.2' of 18, Lot 19 Vertis C. Barley E. 8.3' of 20 1904 W. 17th .Plainview, Texas 79072 Block 3 Lot 15-16 F. G. Follis 1801 Quincy Plainview, Texas 79072 Lot 17, E/2 of 18 Aubrey Bryant 1808 W. 18th Plainview, Texas 79072 - W/2 of T8, Lot 19 Joe M. Helfin 180 W. 18th Plainview, Texas 79072 JUDAH ADDITION Lot 10, S. 25' of 11 Martin Vera 1602 Quincy Plainview, Texas 79072 N. 40' of 11, S. Sq' of 12 Francisco Rios 16fl4 Quincy Plainview, Texas 79072 N. 15' of 12, S. 50' of 13 J. B. Gutherie P, O. Box 965- Plainview, Texan. 79072 N. 15' of 13, and Lot 14 James C. Bell, Jr . 716 Lake Louise Rd. Ft. Worth, Texas 76103 LAKESIDE ADDITION Block 43 306' N & S C/PT Wilson Daffern P. O. Box 146 Plainview, Texas 79072 S. 135..36' Joe Ogletree 1015 Broadway .Plainview, Texas 79072 Block 44 132 x 155 N/of Lot 14 Judah Andrews Savings & Loan Association 600. N. Main Andrews, Texas 7 9714 r t MAILING LIST Zone Case. 539 _ , Page 2 W. 11.2' of 18, Lot 19 Vertis C. Barley E. 8.3' of 20 ~ 1904 W. 17th Plainview, Texas 79072 Block 3 Lot 15-16 F. G. Follis 1801 Quincy Plainview, Texas 79072 Lot 17, E/2 of 1$ Aubrey Bryant 1808 W. 18th Plainview, Texas 79072 - W/2 of 18, Lot 19 Joe M. Helfin 180 W. 18th Plainview, Texas 79072 JUDAH ADDITION Lot 10, S. 25' of 11 Martin. Vera 1602 Quincy Plainview, Texas 79072 '~ N, 40' of 11, S. 50' of 12 Francisco Rios 1604 Quincy Plainview, Texas 79072 N. 15' of 12, 8..50' of 13 J. B. Gutherie P. O. Box 965 Plainview, Texas 79072 N. 15' of 13, and Lot 14 James C. Bell, Jr. 716 .Lake Louise Rd. Ft. Worth, Texas 76103 LAKESIDE ADDITION Block 43 306' N & S C/PT Wilson Daffern P. O. Box 146 Plainview, Texas 79072 S. 135.36' Joe Ogletree 1015 Broadway Plainview, .Texas 79072 Block. 44 `- 132 x 155 N/of Lot 14 Judah Andrews Savings & Loan Association 600 N. Main Andrews, Texas 79714 ~~ -, , _` 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 (x ), the change of zone requested by ZONE CASE N0. 11'x, ~. My reasons and/or comments are as follows: It has been represented to me that Quincy .Street is enerally a commercial street and therefore the lots in question should be rezoned commercial. I live next door and immediately north of the lots in question. I realize that some spots on Quincy Street are commercial, but the block on which I reside is totally residential as is the property immediately across the street and :east of my'house. There are no commercial establishments reasonably close to my house. I have relied for many years upon representatior. to me by previous lot owners stating that the lots are restricted to residential us.e. The. lots in question have residential restric- tive covenants. I have been informed by my attorney that my ability to enforce these restrictive covenants on my .own behalf is question- - able... Please protect our rights to live in a residential neighbor- hood and prevent our property s depreciation in value. If the Commission is inclined to grant the application, please limit same extensively because CNS Zoning is much to broa or the area. / r ~~~~~ ~ ' ignature " ~rLa~ ~ L~,~~~L~.c~-tcL~ /.... .. CITY. OF PLAINYIEW ZONING REPLY FORM IF FOR ANY REASON YOU FEEL THAT YOU WILL BE UNABLE TO AT7END'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_COMMSSION, P:O. BOX 1870, PLAINVIEW, TEXAS, 79072. REPLY _ I am in FAVOR OF ( ~ j OPPOSED TO the Chan e of zone r ~ )~ g equested by ZONE EASE NO. 1 My reasons and/or comments are as follows: Signature ~. ~ CITY OF PLAINV'iEW ZONING REPLY FORM If FOR AN Y,REASON:.YOU FEEL'THAT<YOU WILL BE .UNABLE TO ATTEND THE RUBLIC HEARING ADVERTISED BY THTS NOTICE, AND Y`ET YOU DESIRE TO RRESENT YOUR SENTIMENTS REGARDING'THE CASE:AFFfCTING YOU, YOU F~IAY COMPLETE T}~IS FORM AND RETURN IT TO THE SECRETARY OF THE PLANNI(~G- AND ZONING.COMMiSSION', P.0. BOX 1870, PLAINVIEW, TEXAS, 79072.' REPLY I am in FAVOR OF ( } OPPOSED TO ( ), the change of zone requested by ZONE CASE. N0. L~ _ My reasons and/or comments are as €ollows: CITY OF PLAINVIEW ZONING-REPLY FORM IF FOR ANY REASON YOU FEEL THAT YOll 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 ZONTNG COMMISSION, P.0. BOX 1870, PLAINVIEW, TEXAS, 79072 REPLY - I am in FAVOR OF (~) OPPOSED TO { ), the:-change`.ofzone requested by ZONE CASE NO. L~ My reasons and/or comments are as follows: ,,\ J - ~~. CITY: OF PLAINVIEW ZONING: REPLY FORM IF FOR ANY: REASON YOU-FEEL THAT YOU WILL BE UNABLE TO ATTEND THE PUBLLC HEARING ADVERTISED SY THIS NOTICE,. AND YET YOU DESIRE TO PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU P~IAY .COMPLETE THIS FORM AND RETURN IT TO THE SECRETARY OF-THE PLANNING AND ZONING COMMISSION, P.0. BOX 1870, PLAINI/IEW, TEXAS, 79072. REPLY _ I am in FAVOR OF ( ) -OPPOSED TO t ), the change of zone requested by ZONE CASE NO. z1~-~-. My reasons and/or comments are as follows: ~~, _ . ~~ . _ .. ~, -- _. r "nat . e ,;_ .1 - (39.7 v 0 I ~o ~ 140 ~ zs M 10 2.5 _ ~ ~ ~A ~q=~ STREET' ~ : - ~ - , . ~ ~ ~g~~ ST ~ ~ 2 ,_ - o 2 ~, ~' X01 d -i- ~ ~ ..r~,.. ~ ~- ~ ~ 75 {- / ~ f~ s~ r e e.~- ~~ ~ 75 (-~ ' ! - - ~----'-i t'~ ----i South 24' of Lot 12 and a17 of _ Lots 13, 14 and 15, High School Addition located at 17D1 Quincy _ . .- ~ ~ , °F MAILING LIST ,' Zone Case No. 539 ~ `" ' HIGH SCHOOL ADDITION °°~, ' Block 1 ' E. 6.8' of 6, Lot 7, Wilma Courtney W. 11.8' of 8 1903 W. 17th 'Plainview, Texas '79072' E. 38.4' of 8, ~' P. E. Dever , W. 30' o£ 9 1909' 4,1: 17th Plainview, Texas 79072 E. 20' of 9, Lot 10 C. E. Grady .1805-W. 17th Plainview, Texas 79072 Lot 11, N. 43' of i2 Quinton Stelzig 1605 ,Quincy Plainview, Texas 79072 ,.5. 14' of 12, All of 13, N. 14' of 14 Plainview T.S.D. P. O. Box 1540 Plainview, Texas 79072 .Block 2 6 of 7 W. W. Kirk , ` 1815 W . 18th ~ , Plainview, Texas 79072 ' E. 24' of 7,.Lot S ' Ethel `V. Langford 1811 W. 18th. Plainview, Texas 79072 Lots 9-10 John W. Blaine 1809 W. 18th Plainview, Texas 79072 Lot 11, N. 33' of 12 O. C. Collins 1711 Quincy Plainview,. Texas .7.9072. S. 24' of 12, 13-13 ** Wilson Daffern P. O. Sox 146 Plainview, Texas- 79072 :Lot 16, E. 19.5:. of 17 L. G Marshall 1202 Floydada Plainview, Texas 79072 W. 30.7' of 17, E. 38.10' of 18 Clinton Wall 1900 W. 17th ^'"~, Plainview, Texas 79072 `~ ~' _ .~ , '' ~_. _ 4 '. ~ L al I MAILING LIST Zone Case: 539 _- Page 2 W. 11.2' of 18, .Lot 19 Vertis C. Barley E. 8.3' of 20 1904 W. 17th Plainview, Texas 79072 .Block 3 Lot 15-16 F. G. Folks 1801 Quincy Plainview, Texas 79072 Lot 17, E/2 of 18 Aubrey Bryant 1808 W. 18th Plainview, Texas 7907.2 W/2 of i8, Lot 19 Joe. M. Helfin 180 W. 18th Plainview, Texas 79072 JUDAH ADDITION Lot 10, S. 25' of 11 Martin Vera 1602. Quincy Plainview, Texas 79072. ,~, N. 40' of 11, S. 50' of 12 Francisco Rios 1604 Quincy Plainview, Texas .79072 N. 15' of 12, S. 50' of 13 J. B. Gutherie P. O. Box 965 Plainview, Texas .79072 N. 15' of 13, and Lot 14 , James C. Bell, Jr. 716 Lake. Louise Rd. Ft. Worth, Texas 76103 LAKESIDE ADDITION Block 43 306' N & S C/PT Wilson Daffern P. O. Box 146 ..Plainview, Texas 79072 S. 135..36' Joe Ogletree 1015 Broadway Plainview, Texas 79072 Block 44 132 x 155 N/of Lot 14`Judah Andrews Savings. & Loan Association 600 N. Main Andrews, Texas 79714 ... `~., .~ -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 YfT YOU DESIRE TD 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. L~1 My reasons and/or comments are as follows: _It has been represented to me that Quincy Street is enerally a commercial treet and therefore the lots in question should be rezoned commercial. I live. next door and immediately north of the lots in question. I realize that some spots on Quincy Street are commercial, but the block on which I reside is totally residential as is the property immediately across the street and east of my house. There are no commercial establishments reasonably close to my house. I have relied for many years upon.representatior. to me by previous lot owners stating that the lots are restricted to residential us:e. The. lots in question have residential restric- tive covenants. I have been informed by my attorney that my ability to enforce these restrictive covenants on my own behalf is question- able.-.. Please .protect our rights to live in a residential neighbor- hood and prevent our property s depreciation in value:. If the Commission is inclined to grant the application, please limit same extensively because CNS Zoning is much to broa or the area. .~ ~ ,. . ' ' i gnature ~~ ., ., ~a ..~~'~ 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.ZONLNG COMMISSION, P.O. BOX 1870, PLAINVLEW, TEXAS, 79072. /~ ~ REPLY _ I am in FAVOR OF (~ ) OPPOSED TO ( ), the change of zone re uested by ZONE CASE N0. L~2 My -reasons- and/or comments .are 'as follows: Signature ~~ ,, .. ___ ~~ ry<,'""~, ":` CITY OF PLAINVIEW ZONING REPLY FORM. IF FOR ANY REASON YOU FEEL THAT YOU WILL BE UNABLE TO ATTEND THt PUBLIC HEARING ADVERTISED BY THIS NOTICE, AND YET YOU DESLRE TO PRESENT YOUR SENTLMENTS 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. L~2 My reasons and/or comments are as follows: ~ ~ - ~ ~-°r --~ r :T-~- ~ ~ ~~~~ ( :i +~ a 1 ~ f~ 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 (~~~)~j,~~~ OPPOSED TO ( ), the change of zone requested by ZONE CASE NO: L1~-~-.' My reasons and/or comments are as follows: __ ~.' ~~ - '~ .' ..CITY OF PLAINVIEW ZONING REPLY FORM IF FOR ANY REASON. YOU FEEL THAT YOU WILL. BE UNABLE TO ATTEND THE PUBLIC HEARLNG ADVERTISED BY THIS NOTICE, AND YET YOU DESIRE TO PRESENT YOUR SENTIMENTS R~GARDLNG 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. I, REPLY . _ I am in FAVOR OF ( ) OPPOSED TO ( ~ the change of zone requested b ZONE CASE. N0. M reasons and or Comm n s f e t areas ollows: Y Y / L~ ~, `~ _ . ~~ !, ` c ~ ~r _. ~ a: ~ ~-, •~nat re