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HomeMy WebLinkAbout86-2673 ORDINANCE NO. 86-2673 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. 541: Request of'Dr. Jeff H. Davis for rezoning of the :West One-half of Lots 7 and 8 and-West One-half of East One-half of Lots 7 and 8, Block. 1, Alabama Addition from a R-2 (Single-Family Residential) .Zoning District to a C.G.B. (,Commercial 'General Business} Zoning District for Commercial uses and located in the 600 Black W. 24th. 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 `P ainview finds that for the orderly. growth'of the City making the prcposed 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 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 CitZr 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. 541: The West One-half of Lots 7 and 8 and West One-half of East One-half of Lots 7 and 8, Block 1, Alabama Addition far Commercial uses and located in the 600 Block W. 24th. City of Plainview, Hale County, Texas, from an R-2 (Single-Family Residential) Zoning District to a C.G.B. (Commercial General Business) 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 gaily Herald, a daily newspaper of general circulation in the Cty,.:af 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 dale of October, 198:6.. A notice of time and place where and when said Ordinance would be .given a public hearing and considered for finale. 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 fore the public to be heard, said Ordinance was passed on second and final reading. PASSED on second and. final reading his, thee. 28th day, of Oc ober, '~ 1.986. j E.V. RIDLEHUBER, Mayor ATTEST: SHERYL OWEN,_Secretary i"°--: ~ ~' CHECK SHEET FOR ZONING CASES ZONE CASE NO~. 541 There must be compelling reasons for any zoning amendment which_are substantially related to the public welfare and necessityu 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 amendrent would en- able him to gain a greater profit or income from his property. Every zoning amendment hould be analyzed with regard to the following: A. COMPREHENSIVEC~ESS~ 1. Is change contrary to established land use pattern? No - 24th st. is a major commercia - - 2. Would change create'an isolated district unrelated corridor. to similar districts, i,e,, is this "s pot'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 exstingcondi ions? No- Bo CHANGED CONDITIONS: ~._..~ 1. Have the basic land use conditions been Changed? No -Property undeveloped. 2. . Has development ofarea been contrary to exist- ing regulations? No G. PUBLIC WELFARE: - 1. 6111 change adversely influence livingconditions in the neighborhood? No 2, Will change create or excessively increase traffic conges t•i on? No 3. Will change seriously reduce the light and air to adjacent area? No 4,- Will change adversely affect property values in adjacent area? No 5. Will change be a deterrent to the improvement or development of adjacent area? '. No -Area.: is developed -older 6. Will change constitute a grant of a special- _ residences an usinesses privilege to an individual as con>trasted to the- general welfare? No D. REASONABLET;ESS: 1. Are there substantial reasons why the property cannot be used in accord with existing Zoning? .Cannot be .used commercially as 2, Is the change requested out of scale with the property is R- . 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 ~~ ,°'~, • Lam. ~ .. W I - ~~ o o _ _ i LiJ ~ i ~ ~• ~ ~ _ - ~ ~ ~ i _ ~ i ~ N N ~ / is .. !Fl f~. `i v J 1 ~ 'oi \. c i ~a ,,, ~. -~ ~ 2C=` ~ ~ _ . ~ 27TH. .S . }- zz.s ,60 6c:' 75 _ ? - ~. W a _ n / _ ~ _ ~- ,~ .;. a ,. m • - 70 ; GL5 62 ~, 72 5 60 545 5a .~ ~. ~~ 54, 60 ~ ~ 3 ,~ , „ ~ ~~ ~ ~ 1~5 200 59.5 80 .80 185 F 75 ~, ~ n ~ ~ ~ r r ! 'I: a ~. ~l ~~ ,~~~` W ~ ~. ~ 1, / ~. ~~q~ .'~\ ~ O 0 ,, '~ ~,~ O ~ M z. ~ f • r ~, !; i ! "f~ ~ ~ % i ~ _ • 60 ~ ~ r r / ~' ,`I r a7o. ;s; ! %~! ~ ~ na.~zs 58V.. ae' 75 :5 11^ ,. I m ~, ~ t .O 7 82 5 50 6 . ,' . S0. 60 rp `' ~-- • ~1_ ~ 3 ~ s ~2•} s ~ ~ IO j~ 12., 13. 13 l~ ti 10 .:, _ w _ T W'~NTY -TH IRD STRE ET ~ ~ Y cn <~ 1 ~ \ i3 ~ l3 ~ ••, ~ 4~~ I °_ ~ 6 i ~. 2 ~ °26 14 1~ ~ ~ ,~ i WENTY-- SECOND STREET i ~_ l r • d Q +1 C.i /mar[ ~ Q S ~ f4 ~ ~ f] ~~.-.` : ~Q r, j_: per. r ~. Ce ?' ~C r ~ (`, '~'-~ ~. lfi. C.1 i.~I : ~ ~ t~ ti.. i'~... ~r 'k ~~ ~' v • L ~ di- ~ ~V' ~ n c`. ,~ Zone Case No. 541 Mailing List ~- , ., 4 MONTROSE ADDITION Block 1 Lots 9-13 James W. Kerbo 1610 Smyth Plainview, Texas 79072 Block 2 .Lot 1 ~ Julia Mae Masten 710 23rd Plainview, Texas 79072 . - Lots 2-3 J. B. Masten, Jr. 710 W. 23rd Plainview, Texas 79072 Lots 4,5,6,7,8 Roger Mack Phillips 2.802 W. 19th Plainview, Texas 79072 Lot 9 Bessie May Young ~ .._, 608 W. 23rd -- Plainview, Texas 79072 Lot 10 Mancill McWilliams 508 Joliet. Plainview, Texas 79072 Lot 11 H. W. Garrett, Jr., Trustee 607 Lexington Plainview, Texas 79027 Lot. 12 Joe R. Pardo 2205 Kokomo Plainview, Texas 79072 Lot 13 Mancill McWilliams 508 Joliet Plainvew,•Texas 79072 TITUS AND PILLOW ADDITION Block 2 N.60' of 1 Weldon Wines P. D. Box 16303 Lubbock, Texas 79496 -.. i _ , n, ` Zone Case No. 541 Mailing List: Page 2 ,~ . 5.7.5' of 1, N. 65' of 2 L. L. McNutt ~ 2503 Rochelle Plainview,_Texas 79072 S.5' of 2, N. 55' of 3 Wilma Childers 28.10 Georqia Avenue Kingman ,.Arizona 86401 5..15' of 3, N.45' of 4 Martin Barney o Edith K. Martin 820 N. Sam Rayburn Freeway..#l Sherman, Texas 75090 5.25' of 4, all 5 and 6 Jesse R. Kidwell _ P . O. Box 871 Plainview, Texas. 79072 Lot 7, E.30' of 8 Gerald D. Smith. ~' Route 3 Plainview,: Texas 79027 5.80' of W.45' of 8, Alfred L. Henderson 5,80' of 9 P. O. Box 214 .Plainview,.' Texas. 79072 ~,~ `~ N.60`, W.45`:'of 8, N.60' of 9 Otis L. Johnson .2402 Galveston Plainview, Texas 79072 N.17.5' of 10 5.42.5' of 11 C. F. Benton 1001 Kokomo Plainview, Texas 79072.. 5.60' of 10 Billy Wayne Nazworth 2404 Galveston Plainview, .Texas 79072 N.:.35'. of 11 ....,.~. _ Charles Whitfield. 2408 Galveston Plainview, Texas 79072 N.45' of 12, 5.15'. of 13 Bill R. Brown 2.410. Galveston ' Plainview, Texas 29072 N.55' of 13, S.5' of 14 Raymond Hooks P. O. Box 1664 ..Plainview, Texas 79072: Zone Case No. 541 Mailing List Page 5 ~- W/2 of 7 & 8 ** Jeff H. Davis i10 Yucca Terrace Plainview, Texas 79072 N. 90' of E/2 of 7 Wesley C. Price 901 E. 24th Plainview, Texas 79072 5.225' E/2-E/2-7 Kruse-Reed, Inc. E/2-E/2-S P. O. Box 177 Plainview, Texas 79072 79 x 230 in SE/C of 8 Kruse-Reed, Iric, P. O. Box 177 ` . Plainview, Texas 7.9027 Block JK-2 Section 37 Out of the N/2 of SE/4 James D. Kruse 3.00 Ac P. O. BOx 177 Plainview, Texas 79072 ~~