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HomeMy WebLinkAbout87-2689ORDINANCE NO. 87-2689 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; PROVIDING FOR PASSAGE OF SUCH ORDINANCE AS AN EMERGENCY. Zone Case No. 533: Request of Bob Bass, on behalf of Marie Mangum and J.B. Jackson, for a Specific Use Permit - Club Serving Alcoholic Beverages - in a C.G.B. (Commercial General Business) Zoning District, being all of a 0.275 acre tract of land out of the Northeast quarter of Section 28, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at the Northeast Corner of Section 28, Block JK-2, County, Texas; Hale THENCE South 0 degrees 02 minutes 30 seconds along the East line of said Section 28, right-of-way of U.S. Highway 70; West 1,680.45 feet to the Northeast THENCE Northwesterly 328.98 feet around a curve to the right and having a radius of 2,827.42 feet and whose chord is 328.8 feet and bears North 73 degrees 26 minutes West; THENCE North 70 degrees 06 minutes West right-of-way, a distance of 1,122.1 feet to of this tract; along said highway the beginning corner THENCE North 70 degrees 06 minutes West right-of-way, a distance of 40 feet to a point; THENCE North 19 degrees 54 minutes East 300 Southwest line of alley; along said highway feet to a point on THENCE South 70 degrees 06 minutes East 40 feet to a point; THENCE South 19 degrees 54 minutes West 300 feet to the PLACE BEGINNING, and located at 3416 Olton Rd. OF 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. 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 1011F 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 Hall, Plainview, Texas. '169. WHEREAS, after said notice and hearings as required by law, the City Council and the City of Plainview entered into litigation with the zone applicants and and agreement has been reached between the parties in the form of a Judgment by the 64th District Court, dated March 2 , 1987; 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 NO. 82-2478 and the Official Zoning be and the same are hereby amended as follows, to-wit: Zone Case No. 533: Map Request of Bob Bass, on behalf of Marie Mangum and J.B. Jackson, for a Specific Use Permit - Club Serving Alcoholic Beverages - in a C.G.B. (Commercial General Business) Zoning District, being all of a 0.275 acre tract of land out of the Northeast quarter of Section 28, Block JK-2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at the Northeast County, Texas; Corner of Section 28, Block JK-2, Hale THENCE South 0 degrees 02 minutes 30 seconds along the East line of said Section 28, right-of-way of U.S. Highway 70; West 1,680.45 feet to the Northeast THENCE Northwesterly 328.98 feet around a curve to the right and having a radius of 2,827.42 feet and whose chord is 328.8 feet and bears North 73 degrees 26 minutes West; THENCE North 70 degrees 06 minutes West right-of-way, a distance of 1,122.1 feet to of this tract; along said highway the beginning corner THENCE North 70 degrees 06 minutes West along said right-of-way, a distance of 40 feet to a point; highway THENCE North 19 degrees Southwest line of alley; 54 minutes East 300 feet to a point on THENCE South 70 degrees 06 minutes East 40 feet to a point; THENCE South 19 degrees 54 minutes West 300 feet to the PLACE OF BEGINNING, and located at 3416 Olton Rd. City of Plainview, Hale County, Texas, for a Specific Use Permit in a C.B.G. 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. This ordinance is passed and approved by the City Council as directed and ordered by Judgment, Cause No. A-23306, Marie Mangum and J.B. Jackson v. The City of Plainview, Texas, and the Planning and Zoning Commission and the City Council, dated March 2 ., 1987. The necessity to comply with the Judgment o~ 'the 64th District Court dated March 2 , 1987, creates an emergency and it is an imperative public necessity that more than one reading thereof be, and the same is hereby suspended; this ordinance shall be passed and take effect as an emergency measure and shall be in full force and effect from and after its passage as provided by law, and it is so ordained. PASSED and APPROVED this the 10th day of Ma~ch_-~., 1987. E.V. RIDLEHUBER, Mayor ATTEST: ~.RYL./0WE~N, -City Secretary APPROVED AS TO FORM: DAVID BLAC~BURN~, Assistant City Attorney