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HomeMy WebLinkAbout86-2676.~ .~ ~:~ ORDINANCE NO, 86-2676- 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. 544: Request of Charles Hornsby `for rezoning of three {3) tracts of land out of .Block 80, College ~Hi11 Addition from ,a-MF-2 {Multi-Family Residential.) Zoning District to a C.R.D. {Commercial Retail District} Zoning District being described as follows: Tract 1: - Being a 9290 square foot tract out of Block 80, College Hiil Addition to Plainview, Hale County,. Texas: BEGINNING at ` a 1/2 inch steel rod. set in .the east line. and 72 feet S.0°19_'E. of the N.E. corner of Block 80, College Hill Addition, Plainview, Hale County, Texas; Thence S.D°19'-E. 90 feet along the east line of said block to a 3/8 inch steel rod; Thence: West 103.7 feet, called 101.75 feet, along the north line of an 18 foot wide tract to a 3/8 inch steel rod found in the east line of a 70 foot. wide .tract.; Thence N.0°17'45"E, 90 feet along the east dine of .said tract to a 1/2 inch feel-rod; Thence East '102;73 feet to the POINT OF BEGINNING and containing 9290 square feet; And located at 609 Yonkers; Tract 2• Consisting of two separate parcels described as: FIRST PARCEL• 70 x 190 feet out of the North 1/2 of .Block No, 80, :COLLEGE HILL ADDITION, Plainview, Hale County, Texas described as followsc BEGINNING at a point in the North line of said Block 171.75 feet West of its Northeast ,:corner; THENCE South 190 feet; `THENCE East 70 feet; THENCE North 190 feet; THENCE West 70 feet to the place of beginning; SECOND PARCEL: 20 x 70 feet out of he NE 1/4 of Survey No. 33 Block JK-2, .North. of and adjacent to the tract above described and being described as follows.: BEGINNING at a point in the North line of said -Block No, 80, 171.75 feet .West of its NE corner; THENCE North: 20 feet; THENCE East'70 feet; THENCE. South 20 feet; THENCE West 70 feet to the place. of beginning; And located at 2605 W. 7th; I! ~„ ~>, _, Tract 3: !,-.' Being. 100' x 190' out of the North Half of Block 80, College Hi11 Addition to the Town of Plainview, Hale County, Texan, described by; metes and bounds. as follows: .BEGINNING at a point in the North line of said Block 171.75 feet West of its Northeast corner;.. THENCE South: 190 feet.; THENCE West 100 feet,'.beng the Southeast Corner of Ben' P. Weese tract; THENCE North 190 feet; THENCE Eas 100 feet to the PLACE OF BEGINNING; Being out of the Northwest Quarter -of=Survey 33, Block JK-2, described as follows- BEGINNING at a point 27..1.75 feet West of the Northeast Corner _ of Block 30, College Hill Addition to the Town of Plainview, Hale County, Texas; THENCE North: 20 feet; THENCE East 10:0-feet; THENCE South 20 feet; THENCE West 100 feet to the PLACE ©F BEGINNING; And located. at 2607 West 7th 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 Gity .making the proposed change as hereinafter set out will be in the pub is interest: which creates an emergency; Nand, 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 Ci y Council Room' of the City Hall, Plainview, .Texas,. at-which time persons agpeared 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,-THEREFOPE; BE IT ORDAINED $Y THE CITY COUNCIL OF THE CITY OF PLRINVIEW:, SECTION 1. That Ordinance No: 82-_2478 and the Official Zoning Map be -and the same are hereby: amended as follows,, to-wit: Tract 1: Being a'9290 square foot tract out.-of Block 80, College. Hill Addition to Plainview, Hale County, Texas: BEGINNING at a 1/2 inch steel. -rod -set in the east. line and- 72 feet` S.0°19'E. of the N.E. corner of Block 80 College Hill Addition, Plainview, Hale County, Texas;- Thence S.0°19'-E. 90 feet a ong the east line of said block to !"`~; a 3/8 inch steel rod; ~_ \~' Thence West 103.7 feet, .called 101.75 feet, along the north line of an 18 foot wide tract- to a 3/8 inch steel rod found in the east line of a 70 foot .wide tract;. Thence N.0°17'45"E. 90-:feet along the east line of said tract to a 1/2 .inch steel rod; Thence East. 102.73 feet- to the POINT OF .BEGINNING and containing 9290 square feet; And located at 609 Yonkers; Tract 2: Consisting of two separate parcels described as: FIRST PARCEL: 70 x 190 feet out of the North 1/2 of-Block No. 80, COLLEGE HLLL ADDITION,. Plainview, Hale County, Texas described as follows: BEGINNING at a point in the North line of said Block 171.75 feet West of its Northeast corner; THENCE South 190 feet; THENCE East 70 feet; THENCE North 190 feet; THENCE. West 70 feet to the..p ace of beginning; SECOND PARCEL.: 20 x 70 feet out of the NE 1/4 of Survey No. 33 Block JK-2, North of and adjacent to the tract .above described and being described as follows: BEGINNING at a point in the North line of said Block No. 80, 171.75 feet West of its NE corner; THENCE North. 20 feet; THENCE East 70 feet; THENCE South 20 feet; THENCE West 70 feet to .the place of beginning; And located at 2605 W. 7th; Tract 3: Being. 100' x 190' out of the- North. Half of Block 80, College Hill Addition to the Town of Plainview, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a point in the North line. of said Block 171.75 feet West of its` Northeast corner; THENCE South 190 feet; THENCE West lOD feet,- being the Southeast Garner of Ben P. Weese tract; THENCE North 190. feet; THENCE East 100 feet to the PLACE OF BEGINNING; Being out of the Northwest Quarter of Survey 33, Block JK-2, .described as follows: BEGINNING at a point 271.75 feet West of the Northeast Corner of Block 30, College-Hill Addition to the Town of Plainview, Hale .County, Texas; THENCE North 20 feet; THENCE East l00 feet; THENCE South 20 feet; THENCE West l00 feet to the PLACE OF BEGINNING; And located at 2607 West 7th Street. City of Plainview, Hale County, Texas, from a MF-2 (Multi-Family Residential) Zoning. District to a C.R.D. (Commercial Retail 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.. _- ~~ .r ~~ SECTION 2. Prior to consideration of this Ordinance a public hearing shall be held in the Counci Chamber of the City Hall in Plainview, Texas, at' 7:30 P,M: , on the -25th day of November, 198&', to permit the public to be-.heard, was published in:the .Plainview Dai3y Herald, a daily newspaper of general circulation in the City of Plainview, Texas, said publication. being :more than. fifteen (15) days prior to the time designated. far said, hearing.,, PASSED on first reading this, the 25th day of November, 198.6. PASSED on second and final 'reading thi , the 9th day of December, 1986. _ - E.V. RIDLEHi7BER, Mayor ATTEST :.. SHERYL OWEN, City Secretary ; ~., ; ~i, I ~! ~- !. r CHECK SHEET FOR ZONING CASfS ZONE CASE NO: 544 There must be compelling rea ons for any zoning amendment which are substantialiy 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 i"s it sufficient that an applicant show that t~~e 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 follov~ring: A. COf~1PREHENSTVFraFSS• 1. Is change contrary to established land use pattern? No - Adjacent to cRD uses. 2. Woutd 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)? Not As Proposed f- Are present district boundaries iliogical7y drawn in relation to existing conditions? No -°-~ B. CHANGED CONDITIONS': ,, ,~ 1. Have the basic_iand use conditions been Changed? Yes -commercial uses Increase. 2. Has..development of area been contrary to exist- ing-regulations? No C. PUBLIC WELfAF:E: 1. Will.change. adverseiy~influence living conditions Unknown -Parking is Proposed At in the nelghbOrhOOd? The Rear of Property, Front Is To 2, 4Jill change create or excessive]y increase e Unc ange . traffic congestion? see No. 1 3. Will change seriously reduce the light and air to adjacent area? Not with Proposed use. 4, Will change adversely affect property values in adjacent area? see No. 1 5. Will change be a deterrent to the improvement or development of adjacent area? No -Area is Developed. 6. .Will change constitute a grant of a special privilege to n individual as contrasted to the general welfare? No D. REASOtdA3LEf;ESS: 1. Are there substantial .reasons why the property cannot be used in accord with existing zoning? No 2. Is the change reques ed out of scale with the needs of the neighborhood or the City? ? -Parking Need For Retail Proper 3. Is it impossible to find adequate sites for the propOSed use in district permitting such USe? Yes.- Property Along Interstate Is o resen y one or ommercial Uses. __ _. ~ _ / ~ + , f, 1 ZOPiE CASE N0. 544 Z~ ~S I ~ 75 16 ~ I ~ 75 ' ~ ~ - _ = ~ = MF-~2 W - _ ~ WAYLATJD ~ ° UNIVERSITY - l _- ~ = 3- ~~ _ 7 ,~- 7 _ _ 9140 ! 40 ~' 9 .CLI $ ° R -1 ~ ~ _ ~-~ }4 0 u' 8 9 0 -" - ~ ~ . ~„ ' . ~SEVE NTH ' 729.5 50 O 0 3 ,114.. so loo. ~o 101.7 ~ ~ 1~ 140 75 - N CGB ~iF~ ~ ~: ;' ~ 13 -- 2 _ MF-2 ~ { ~ LDt_ i_~- a ~ - 12 _Q 124.5 1 ~ Q _ ~ z22. 5 120 7Q .. i t2.5 150. `O _ ~~ i_s_.t = ~ ~./ _ ~_ 8 Q $ !~ - 2 _ X ~ ~ ' 224.1 CR ' C D Tf~s~ ~ _ = , . > 2b ~ N ~ 8 f0 O 44'~ I~p / D RD ~~ - ~~ 3 Tracts out of North 1/2 Block 80 ~ _ _ College Hii1 Addition and located ~ - at 2605 & 2607 West 7th and 609 Yonkers:. _ _ ~~ _. _ ; ~ T __ ,, ..~ .~ 1 Y ,' ~ ` ~ ZONE CASE NO. 544 ~_ ~~ ,. Mailing List COLLEGE HILL ADDITION Block 75 All Wayland Baptist College Brawley California 92227 Block 76 Lot 8 - _ _ Harold Waldo Wesley - _. _ .. _- .--- __ _ _ 1306 W. 11th Plainview, Texas 79072 Lot 9 _ Edgar Clinton 201 Amarillo Plainview, Texas 79072 Lot 10 Dewey Bruce Pritchard ` _ 604 .Yonkers Plainview, Texas. 79072 hot 11 James C. Webb ;--~ 513 Kirchwood Dr. ~~ ` `=-~ _ Plainview, Texas 79072 .Lot 12 Robert Garcia 608 Yonkers -__. - - Plainview, Texas 79072 - Lot 13 - Jimmie D. Spruill, Sr. _ _ ~ ~ 1209 W. 24th _ _ Plainview, Texas .79072 Lot 14 Jimmie D. Spruill, Sr. 12.09 W. 24th Plainview, Texas .79072 Block. 80 90' x 101:75' out of NE/4 E. L. Foreman P. O. Box 188 -- Plainview, Texas 79072 120.' x 178' out of SW/4 Larry Dickerson Plus adjacent strip 829 .Baltimore r Plainview, Texas 79022 . F. , ~ ZONE CASE N0. 544. F = Mailing. List Page 2 122:5' x 163.55' out of SW Part James E. Martin '~<,.i' 209 W. Crestway Plainview, Texas 7.9072 100' x 79.4' of SW ..Corner Allsup's Conv. Store #22 P. O: Box 1907. Clovis, NM 88101 80' x 190' Center of N/2 Pete Mauldin Plus 20` x 80' strip 2609 W. 7th ', Plainview, Texas 79072 Out of Center-'Of =NE/4 ~. ~_.: ~ William Thomas Engle,'. 3r. Plus .100' x 190'' Rt. 1, 'Box 282 .Brady, Texan 76825 j 70' x 190''out of NE/2 Raymond Lee Pearch 20' x 70, .2605 W. 7th Plainview, Texas 79072 4 9 9 x 1 0 out of NW 4 Jim L. Matlock ~ ~ 20 x 94 Strip: 701 Zephyr ~~ Plainview, Texas 79072 72' x 101.75' out of NE/C - George Luna. & Adj. strip: out of JK-2 20 x 101.75 611 Yonkers ~" Plainview, Texas 79027 ~ 18' x 101.75 strip out of SE/Pt Harveg L. Pennell of NE/4 607 Yonkers Plainview, Texas .79072 - JOSLIN ADDITION Block 1 Lot 5 D. P. ,Wylie 2707 W. _7th ~ Plainview, Texas. 79072.. JOSLIN ADDITION, UNIT NO. 2 I Lot 6 James Kruse & Billy Joe Frye 506. W. .24th Street Plainview, Texas 79072 Lot 7 RIC Properties-LTD. 200. W. Grand Avenue: °Balcony A Escondido, CA 92025 !`~1 Lot 8 Harvey L. .Pennell , 607 Yonkers Plainview, Texas 79072 a ,. r r ,~ ' ~ ., C .. ZONE-CASE N0. 544 Mailing List Page 3 HERRING. ADDITION Block 1 S40' of Lot 6 & N13.' of Lot 7 Jessie G. Brewer Trust 801 Holiday Dr. Plainview, Texas 79072 S37' of . Lot 7, All of Lot 8 Wayland Baptist University 1900 W. 7th ` Plainview, Texas. 79072 .Lot 9, & S20' of Lot 10 Brandon Brownlee 700 Zephyr Plainview, Texas 79072 N30' of Lot 10, & S33 '1/3' Billy Odell Kennedy of Lot 11 702 Zephyr. Plainview, Texas 79072 Blcok 2 S10' of Lot 6, All of Lots 7 & 8 Jim Matlock __. _, 701. Zephyr Plainview, Texas 79072 ** Charles Hornsby. 200 W. Crestway Plainview, Texas 79072 *, David Julian 2904 W. 21st Plainview, Texas 79072 __ ~~ , , ._..