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HomeMy WebLinkAbout87-2719ORDINANCE NO. 87-2719 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. 552: Request of Mrs. Doris Lisman for rezoning Lots 13 and 14, Block 1, Curtis Subdivision, from a R-2 (Single-Family Residential) Zoning District to a C.R.D. (Commercial Retail) Zoning District for commercial uses and located at 610 South Date. 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: ZONE CASE NO. 552: Rezoning Lots 13 and 14, Block 1, Curtis Subdivision, from a R-2 (Single-Family Residential) Zoning District to a C.R.D. (Commercial Retail) Zoning District for commercial uses and located at 610 South Date. City of Plainview, Hale County, Texas, from an R-2 (Single-Family Residential) Zoning District 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. 1 of 2 : ' 816 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 22nd day of September, 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 22nd day of September, 1987. PASSED ON SECOND AND FINAL READING this, the 13th day of October, 1987. E.V. RIDLEHUBER, Mayor ATTEST: ~v , ' y Secretary APPROVED AS TO CONTENT: MIKE MCDONOUGH, Director ~f Municipal Services APPROVED AS TO FORM: DAVID BLACKBURN, Assistant City Attorney 2 of 2 ZONE CASE NO. 552 o !T o ~ ~,D O CRD SIXTH · ,,. ,c,..~ E V~>'' NTH 'STREET . EIGHTH . ' STREET 'NINTH STREET ~11'~_ ~ CRD CGB Lots 13 & 14, Block1 Curtis Subdivision 610 South Date CHECK SHEET FOR ZONING CASES ZONE CASE NOw 552 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 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 be analyzed with regard to ~e following: A. COMPREHENSIVENESS: Bo Ce Is change contrary toestablished land use pattern? Would 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? CHANGED CONDITIONS. 2. 3. 4. 5. 6. 1. Have the basic land use conditions been changed? 2. Has development of area'been contrary to exist-. ing regulations? PUBLIC WELFARE: Will 'chan'ge'a'aversely influence living ~onditions in the neighborhood? Will change create-or excessively increase traffic congestion? W~ll 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 indi'vidual as contrasted to the general welfare? REASONABLENESS: ? : East side of Date zoned Comm. Noo- Across from Commercial proper' No - Property is developed No .No - Property was a. non c6nforming use No - See' #C-1 No.- See #¢~1 No - See #C-1 No - See #C-1 ? - Will be an encroachment into into R Zone 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? The past and proposed uses of the property are not permitted R zones The past and proposed uses are not pprmitmd in R 7onmg No No - But property has been previ{]:; previously deveToped as:commercial