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Home My WebLink About87-2696192 ORDINANCE NO. 87-2696 /%N ORDINANCE AMENDING ZONING ORDINANCE NO. 82-2478 AND THE OFFICIAL ZONING NAP OF THE CITY OF PLAINVIEW SO AS TO M~KE THE FOLLOWING CHANGES: ZONE C~SE NO. 547~ Request of Houston Hamby on behalf of West Texas Gas, Inc. for rezoning of South fourteen (14) feet of Lot 12, and all Lots 13, 14 and 15, Block 1, High School Addition from an R-1 (Single-Family Residential) Zoning District to a C.R.D. (Commercial Retail District) Zoning District for commercial uses and located at 1601 Quincy. WHEREAS, the proposed change in Zoning District as hereinafter made has been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council, 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 and 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 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, 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 No. 82-2478 and the Official Zoning Map be and the same are hereby amended as follows, to-wit: South fourteen (14) feet of lot 12, and all Lots 13, 14 and 15, Block 1, High School Addition, City of Plainview, Hale County, Texas, from an R-1 (Single-Family Residential) Zoning District to a C.R.D. (Commercial 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. 1 of 2 193 SECTION 2. A notice that a public hearing shall be held in the Council Chamber of the City Hall in Plainview, Texas at 7:30 P.M., on the 26th day of March, 1987, to permit the public to be heard prior to consideration of this Ordinance was published in the Plainview Daily 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 for said hearing. If recommended for approval or if recommended for denial and a notice of appeal is filed in pursuant to the Plainview Zoning Ordinance, the Mayor and City Council will hold a public hearing on the 14th day of April, 1987, at 7:30 P.M., in the Council Chamber of the City City Hall, 901 Broadway, Plainview, Texas, to consider the recommendations made to it by the City Planning and Zoning Commission and at which time all interested person will again be given an opportunity to be heard. PASSED on second 1987. and final reading this, the 28th day of April, E.V. RIDLEHUBER, Mayor ATTEST: S/qERYL/OWE~ City Secretary APPROVED AS TO CONTENT: IKE McDONOUGH, Director of M~icipal Services APPROVED AS TO FORM: BURN, Assistant City Attorney 2 of 2 ZONE CASE NO. 547 TH SENIOR SCHOOL I South 14' Lot 12-AI~Lo~ 12'~14, 15 HIGHSCHOOL'ADDITI'ON BLOCK I 16th & 'Q_U.I. NCY ZONE CASE NO. 547 South 14' Lot 12 Alan. of 13';,14, 15 BLOCK I HIGHSCHOOL'ADDITION ' '1'6th '& 'QUI. NCY ZONK CASg NO. 547 ~TT.TNG LIST HIGH SCHOOL ADDITION Block 1 E6.8-6' Lot 7 & Wll.8'-8 E38.4'-8 W30'-9 E20'-9, Lot 10 Lot 11, N43'-12 S14'-12, all 13, N14'-14 S43'-14, all 15 Lots 16-20· E25'-21 Block 2 S24'-12, 13-15 Lot 16, E19.5'-17 W30.7-17, E38.10'-18 Wll.2'-18, Lot 19, E8.3'-20 Wilma Courtney 1903 W. 17th Plainview, Texas 79072 P. E. Dever 1901W. 17th Plainview, Texas 79072 C. E. Grady 1805 W. 17th Plainview, Texas 79072 Quinton Stelzig 1605 Quincy Plainview, Texas- 79072 West Texas Gas, Inc. 211N. Colorado Midland, Texas 79701 West Texas Gas, Inc. 211 N. Colorado Midland, Texas 79701 Archie J. Keys Etal Lodge P. O. Box 1735 Plainview, Texas 79072 .... Wilson Daffern ': P. O. Box 146 Plainview, Texas L. C. Marshall 1202 Floydada Plainview, Texas Clinton Wall 1900 W. 17th Plainview, Texas Vertis C. Barley 1904 W. 17th Plainview, Texas 79072 79072 79072 79072 ZONE CASE NO. 547 MA_ILINGLIST PAGE 2 JUDAH ADDITION Lot 8 Lot 9 Lot 10, S25'-11 N40'-ll, S50'-12 N15'-12, S50'-13 N15'-13, Lot 14 HI~ ADDITION Block 71 Lot 6 W120'-7 & 8 E35'-7 & 8 Frank M. Judah' 1710 W. 16th Plainview, Texas 79072 Frank M. Judah 1710 W. 16th Plainview, Texas 7907'2 Martin Vera 1602 Quincy Plainview, Texas 79072 Francisco Rios 1604 Quincy Plainview, Texas 79072 J. B. Gutherie P. O. Box 965 Plainview, Texas 79072 James C. Bell, Jr. 716 Lake Louise Rd. Ft. Worth, Texas 76103 Faye Lewis 1502 Quincy _Plainview, Texas 79072 'Larry Jack Taylor 6117 Amarillo Blvd. -' Amarillo, Texas 79106 K & M Company 109 E. 16th Amarillo, Texas 79101 Houston Hamby 4416 Olton Rd., Rt. 1 Plainview, Texas 79072 Plainview Senior High School Plainview ISD P. O. Box 1540 Plainview, Texas 79073 ZONE CASE NO. 547 CHECK SHEET FOR ZONING CASES 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 ]s it sufficient that an applicant show that tile 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. COMPREHENSIVENESS: BQ ]. Is change'contrary to established land use pattern? No - Ouin¢¥ has become a corm~ercia] 2. Would change create an isolated district unrelated" corridor to similar districts,, i.e., is this "spot Zoning"? Would change alter the population density pattern and thereby increase the load on public facilities (schools, sewers, or streets)? Are present district boundaries illogically drawn in relation to existing'conditions? No - Adjacent to CRD - Also See #A- No - Property presently developed No commerciall CHANGED CONDITIONS: 1. Have the basic land use conditions been changed? 2. Has development of area been contrary to exist- ing regulations? C. PUBLIC WELFARE: No No - Property is non conforming l. Will chang~ 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? No 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? No No - Use presently existing No - Traffic congestion Created by school No - See #C-1 No - Area is developed for the most part D. REASONABLENESS: 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? Property is adjacent to Quinc which is less desirable for Yes - residential use & property is presently non conforming No No 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 I870, PLAINVIEW, TEXAS, 79072. REPLY I am in FAVOR OF (l~'), by ZONE CASE NO. 54? OPPOSED TO ( ), the change of zone requested 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 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 (t/~; OPPOSED TO ( ), the change of zone requested by ZONE CASE NO.54? 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 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. I am in FAVOR OF ( ~/~, by ZONE CASE NO. 54? REPLY OPPOSED TO ( ), the change of zone requested -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 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 )~,th I am in FAVOR OF ( ), OPPOSED TO ( e change of zone requested by ZONE CASE NO.- 54? My reasons and/or comments are as follows: