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HomeMy WebLinkAbout88-2766481 ZONE CASE 554 - R.E. HOP, NE, JR. ORDINANCE NO. 88-2766 AN ORDINANCE AMRNDING ZONING ORDINANCE NO. 82-2478 AND ~ OFFICIAL ZONING NAP OF THE CITY OF PLAINVI~ SO AS TO MAKE TH~ FOLLOWING CHANGES: ZONE CASE NO. 554: Request of R.E. Horne, Jr. for rezoning a Tract out of Section 28, JK-2, Hale County, Texas, from an A-O (Agricultural-Open Space) Zoning District to a R-1 (Single-Family Residential) Zoning District for residential use and described as follows: BEGINNING 2621.2 feet North and 37.5 feet East of the Southwest (SW) Corner of Section 28, Block JK-2; THENCE North 95 feet to a 3/8 inch steel rod; THENCE Southeasterly 151.58 feet around a curve to the right having a radius of 600 feet a central angle of 14 deg. 28.5' and a chord bearing S. 82 deg. 45.75' E. 151.20 feet to a 3/8 inch steel rod; THENCE South 75.92 feet to a point 5 feet North of a 3/8 inch steel rod; THENCE West 150.0 feet to the PLACE OF BEGINNING, and located at 507 Mesa Drive. 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; 1 of 2 NOW, THEREFORE, BE IT O~DAINED 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. 554: Request of R.E. Horne, Jr. for rezoning a Tract out of Section 28, JK-2, Hale County, Texas, from an A-O (Agricultural-Open Space) Zoning District to a R-1 (Single-Family' Residential) Zoning District and described as follows: BEGINNING 2621.2 feet North and 37.5 feet East of the Southwest (SW) Corner of Section 28, Block JK-2; THENCE North 95 feet to a 3/8 inch steel rod; THENCE Southeasterly 151.58 feet around a curve to the right having a radius of 600 feet a central angle of 14 deg. 28.5' and a chord bearing S. 82 deg. 45.75' E. 151.20 feet to a 3/8 inch steel rod; THENCE South 75.92 feet to a point 5 feet North of a 3/8 inch steel rod; THENCE West 150.0 feet to the PLACE OF BEGINNING, and located at 507 Mesa Drive. 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 8th day of November, 1988 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 8th day of November, 1988. PASSED ON SECOND AND FINAL READING this, the 22nd day of November, 1988. Carla Reese, City Secretary E.V. Ridlehuber, Mayor APPROVED AS TO CONTENT: Mike McDonough ~ Director of Municipal Services City Attorney 2 of 2 7 150 ZONE CASE NO. 554 A Tract out of Sec. 28, JK-2 Hale County, Texas 507 ~sa Drive o .R'i '6O ~ 69 0 (' 72 59 ~ 55 ¼ L__J WESTRID~E PARK, UNIT NO. 3 Lot 63, E6'-64 W103.7'-64, Lot 65 Lots 66-67 Tract out of Sec. 28, JK-2 ZONE CASE NO. 554 Mailing List S. D. Ballard 500 Mesa Drive Plainview, Texas 79072 Summit Savings Association 304 W. 6th Plainview, Texas 79072 Gayle O. Thompson 416 Mesa Circle Plainview, Texas 79072 R. E. Horne P. O. Box 21 Plainview, Texas 79072 ZONE CASE NOv 554 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 is it sufficient that an applicant show that the a~endment 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: Is change contrary'to established land use pattern? 'No Would change create an isolated district unrelated to similar districts, i',e;, is this "spot Zoning"? No Would change alter the population density pattern and thereby increase the load on public facilities (schools, sewers, or streets)? No Are present district boundaries illogically drawn in relation to existing conditions? No CHANGED CONDITIONS: 1. Have the basic land use conditions been changed? 2. Has development of area been contrary to exist- ing regulations? No - Area newly annexed NO -"Area newly annexed C. PUBLIC WELFARE: 1. Will change adversely influence living conditions in the neighborhood? No 2, Will change crease or excessively increase traffic congestion? No 3. Will change seriously reduce the light and air to adjacent area? No 4. Will change adversely affect property values in adjacent area? -' No 5. Will change be a deterrent to the improvement or development of adjacent area? No 6. Will change constitute a grant of a special privilege to an individual as contrasted to the general wel fare? No D. REASONABLENESS: 1. Are there substantial reasons why the property cannot be used in accord with existing zonin ? 2. Is the change requested out of scale with th~' needs of the neighborhood or the City? No 3. Is it impossible to find adequate sites for the proposed use in district permitting such use? No Yes - Now A-O(~ransi%ional) Too small for A-0 us(