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Home My WebLink About87-2706ORDINANCE NO. 87-2706 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. 550: Request of Paul Scott and Scott Tractor for rezoning of 9.06 acres of land out of the West half of Block JK-2, Section 29, Hale County, Texas, from an R-1 (Single-Family Residential) Zoning District to a C.G.B. (Commercial General Business) Zoning District for commercial uses and located in the 700 and 800 Block of South Interstate Highway No. 27, and described as follows: Being a 9.06 acre tract out of Survey No. 29, Block JK-2, Hale County, Texas comprised of two separate 3 acre tracts, a 2 acre tract, and the east part of a 1.813 acre tract, all recorded in Volume 576 page 133 of Hale County Deed Records, and being all of the above tracts that are within the City of Plainview corporate limits as annexed by Ordinance No. 75-1738: COMMENCING at the northwest corner of Survey No. 29, Block JK-2, Hale County, Texas; Thence East 2093.8 feet along the north line of said survey to a point; Thence South 587 feet to a point; Thence S.5°15'E. 485.85 feet along a common line of various tracts to the northwest corner of the most northerly of the said 3 acre tracts; Thence S.5°15'E. 761.4 feet to the northeast corner of said 1.813 acre tract; Thence West 164.35 feet along the north line of said tract to the intersection of the corporate limits of the City of Plainview; Thence S.5°15'E. 289.64 feet along said corporate limits to a point in the South line of said 1.813 acre tract; Thence N.84°45'E. 500 feet along the south lines of said 1.813 and 2 acre tracts to the southeast corner of said 2 acre tract; Thence N.5°15'W. 1036 feet along the west right of way line of Interstate Highway No. 27 to the northeast corner of said most northerly 3 acre tract; Thence S.84°45'W. 336.34 feet along the north line of said tract to the POINT OF BEGINNING and containing 9.06 acres. 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 City making the proposed 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 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: Being a 9.06 acre tract out of Survey No. 29, Block JK-2, Hale County, Texas comprised of two separate 3 acre tracts, a 2 acre tract, and the east part of a 1.813 acre tract, all recorded in Volume 576 page 133 of Hale County Deed Records, and being all of the above tracts that are within the City of Plainview corporate limits as annexed by Ordinance No. 75-1738: COMMENCING at the northwest corner of Survey No. 29, Block JK-2, Hale County, Texas; Thence East 2093.8 feet along the north line of said survey to a point; Thence South 587 feet to a point; Thence S.5°15'E. 485.85 feet along a common line of various tracts to the northwest corner of the most northerly of the said 3 acre tracts; Thence S.5°15'E. 761.4 feet to the northeast corner of said 1.813 acre tract; Thence West 164.35 feet along the north line of said tract to the intersection of the corporate limits of the City of Plainview; Thence S.5~15'E. 289.64 feet along said corporate limits to a point in the South line of said 1.813 acre tract; Thence N.84°45'E. 500 feet along the south lines of said 1.813 and 2 acre tracts to the southeast corner of said 2 acre tract; Thence N.5~15'W. 1036 feet along the west right of way line of Interstate Highway No. 27 to the northeast corner of said most northerly 3 acre tract; Thence S.84~45'W. 336.34 feet along the north line of said tract to the POINT OF BEGINNING and containing 9.06 acres. City of Plainview, Hale County, Texas, from an R-1 (Single-Family Residential) 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. 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, E.V. RIDLEHUBER, Mayor ATTEST: ~E~RYL~OWEN, City Secretary ZONE CASE NO. 550 '~" SOUTHWEST 9.06 acres out of the West Half of Block JK-2, Section 29, Hale County, Texas. CHECK SHEET FOR ZONING CASES ZONE CASE NO. 550 ~ There must be compelling reasons for any zoning amendment which are substantially related to the public welfare and necessity. It is not sufficient that all 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 sho~ that the amendment would en- able him to gain a greater profit or income from his property. Every zoning amendment should be analyzed with regard to tile following; A. COMPREHENSIVENESS: o Is change contrary to established land use pattern? Nould change create an isolated district unrelated 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? Bo CHANGED CONDITIONS: I. Have the basic land use conditions been changed? 2. Has development of area been contrary to exist- ing regulations? 2. 3. 4. 5. 6. PUBLIC WELFARE: Wi'll cha~'ge'adve~seiY influence living conditions in the neighborhood? Will change create or excessively increase traffic congestion?. ' -' Will change seriously reduce the light and air to adjacent area? --' Will change adversely affect property values in adjacent area?' Will change be a deterrent to the improvement or development of adjacent area? Will change constitute a grant of a special privilege to an individual as contrasted to the general welfare? No - Area is presently either CGB or Non Conforming No - See #1 No Yes - Area is commercial in natur but annexed R-1 No Yes - Developed commercially not residentially No No No No No - Should allow development No D. REASONABLE~ESS: 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? Yes - Property is Non Conformi~n.~g No No - But property is Non Conforming as commercial