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Home My WebLink About87-2704ORDINANCE NO. 87-2704 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. 548: Request of Mike McDonough, Director of Municipal Services on behalf of the City of Plainview for rezoning of 91.68 acres of land from R-1 (Single Family Residential) and A-O (Agricultural-Open SpaCe) Zoning Districts to a C.R.D. (Commercial Retail) Zoning District and described in two parts as follows: Part 1: Being that part of Survey No. 32, "as held on the ground", the east portion of which is actually out of Survey No. 41, Block JK-2, Hale County, Texas, lying within 500 feet of the north line of said Surveys No. 32 and 41: BEGINNING at 5/8 inch steel rod for the northwest corner of Survey No. 32, Block JK-2, Hale County, Texas, said corner being the intersection of South Ennis Street and Southwest 3rd Street; Thence N.88°56'E., at 5299.57 feet pass the actual northeast corner of said Survey No. 32 and the northwest corner of said Survey No. 41, in all, 5425.4 feet to a 5/8 inch steel rod for the northeast corner of a 208 acre tract and the northwest corner of the Hale County Airport original tract, said rod being called the northeast corner of Survey No. 32, Block JK-2, Hale County, Texas "as held on the ground", and being at a "T" intersection of public roads to the South and to the East and West (Southwest 3rd Street); Thence S.l°18'42"E. 500 feet along the east line of said 208 acres tract to a point; Thence S.88~56'W. 5427.27 feet along a line parallel and 500 feet South of the north line of said Survey No. 41 to a point in the west line of said Survey No. 32 (South Ennis Street); Thence N.l°05'50"W. 500 feet along the west line of said survey and the centerline of said street to the POINT OF BEGINNING and containing 62.285 acres, of which 1.454 acres in Survey No. 41 and 60.831 acres are in Survey No. 32. Part 2: Being that part of Survey No. 29, Block JK-2, Hale County, Texas, which is within 500 feet of the north line of said survey and East of a curve 150 feet East of the master centerline of Interstate Highway No. 27: BEGINNING at the northeast corner of Survey No. 29, Block JK-2, Hale County, Texas said corner being in the intersection of Southwest 3rd Street and South Ennis Street; Thence West 2564.6 feet along the north line of said survey to a point in the east right of way line of Interstate Highway No. 27; 227 Thence along the east right of way line of said highway around a curve to the left having a central angle of 5°08'18'', a radius of 5579.5776 feet, an arc length of 500.39 feet and a chord that bears S.lO42,10,'E.500.22 feet to a point; Thence East 2549.74 feet along a line parallel and 500 feet South of the north line of said survey to a point in the east line of said survey; Thence North 500 feet along the east line of said survey to the POINT OF BEGINNING and containing 29.395 acres. And being a total of 91.68 acres of land located on the South side of Southwest Third Street between Quincy Street and Interstate Highway No. 27, being the 1800 through the 3900 Blocks of Southwest Third Streets. WHEREAS, the proposed change ini 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 c~eates 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 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 Publid 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: Part 1: Being that part of Survey No. 32, "as held on the ground", the east portion of which is actually out of Survey No. 41, Block JK-2, Hale County, Texas, lying within 500 feet of the north line of said Surveys No. 32 and 41: BEGINNING at 5/8 inch steel rod for the northwest corner of Survey No. 32, Block JK-2, Hale County, Texas, said corner being the intersection of South Ennis Street and Southwest 3rd Street; 228 Thence N.88°56'E., at 5299.57 feet pass the actual northeast corner of said Survey No. 32 and the northwest corner of said Survey No. 41, in all, 5425.4 feet to a 5/8 inch steel rod for the northeast corner of a 208 acre tract and the northwest corner of the Hale County Airport original tract, said rod being called the northeast corner of Survey No. 32, Block JK-2, Hale County, Texas "as held on the ground", and being at a "T" intersection of public roads to the South and'to the East and West (Southwest 3rd Street); Thence S.l°18'42"E. 500 feet along the east line of said 208 acres tract to a point; Thence S.88°56'W. 5427.27 feet along a line parallel and 500 feet South of the north line of said Survey No. 41 to a point in the west line of said Survey No. 32 (South Ennis Street); Thence N.l°05'50"W. 500 feet along the west line of said survey and the centerline of said street to the POINT OF BEGINNING and containing 62.285 acres, of which 1.454 acres in Survey No. 41 and 60.831 acres are in Survey No. 32. Part 2: Being that part of Survey No. 29, Block JK-2, Hale County, Texas, which is within 500 feet of the north line of said survey and East of a curve 150 feet East of the master centerline of Interstate Highway No. 27: BEGINNING at the northeast corner of Survey No. 29, Block JK-2, Hale County, Texas said corner being in the intersection of Southwest 3rd Street and South Ennis Street; Thence West 2564.6 feet along the north line of said survey to a point in the east right of way line of Interstate Highway No. 27; Thence along the east right of way line of said highway around a curve to the left having a central angle of 5°08'18'', a radius of 5579.5776 feet, an arc length of 500.39 feet and a chord that bears S.lO42,10"E.500.22 feet to a point; Thence East 2549.74 feet along a line parallel and 500 feet South of the north line of said survey to a point in the east line of said survey; Thence North 500 feet along the east line of said survey to the POINT OF BEGINNING and containing 29.395 acres. And being a total of 91.68 acres of land located on the South side of Southwest Third Street between Quincy Street and Interstate Highway No. 27, being the 1800 through the 3900 BlOcks of Southwest Third Streets. City of Plainview, Hale County, Texas, from an R-1 (Single Family Residential) and A-O (Agricultural-Open Space) to a C.R.D. (Commercial Retail) 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. 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 9th day of June, 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. PASSED on first reading this, the 9th day of June, 1987. PASSED on second and final reading this, the 14t~ day of J-~ly,TM 1987. E.V. RIDLEHUBER, Mayor ATTEST: S~L ~WE~, City Secretary CHECK SHEET FOR ZONING CASES'' ZONE CASE NO. 548 ..~.. There must be compelling reasons' f~r'-any zoning amendment which are substantially related to the public welfare and necessity. -Ir'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 amendment Would en- able him to gain a greater, profit or income from his property. Every zoning amendment should 'Re a~alyzed with regard to the following: ...._ A. COMPREHENSIVENESS: 2. 3. 4, 5. 6. 1. Is change-contrary toestablished land use pattern? No 2. Would change create an isolated district unrelated to similar districts, i'.:e.,.i'is.this."spot Zoning"? 3. 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? .. CHANGED CONDITIONS: ~. 1. Have the basic land use Conditions been changed? 2. Has development of area been contrary to exist- ing regulations? PUBLIC WELFARE: .... WJl'l change adversely influence living, conditions in the neighborhood? .. - . Will change create-or exces'siv~.ly increase traffic congestion? . .. Will change seriously reduce the. light and air.to adjacent area? Will change adversely affect property v~lues in adjacent area? --- Will change be a deterrent to the. improvement or development of adjacent area? Will change constitute agrant of a special privilege to an individual as contrasted to the general welfare? No - Creates Commercial Corridor Yes But only as much as commerci uses would Yes SW 3rd is A-O and. that zoning ~s not suitable for development Yes from Ag. use to future development - No - Only recently annexed No- Will control development No - Will aid control Of traffic development No No - Along with the street it shoul enhance values No - Should aid development No D. REASONABLENESS: l. Are there ~ubstantial 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? Yes - A-O Does not encourage development No - It is in line with the planned developing needs of the city No =FOURTH ZONE ,CASE NO 548 91.68 Acres of landlocated on the south side'of Southwest Third Street between Quincy Street and Interstate No. 27, being the 1800 through the 3900 Blocks of Southwest Third Street.