HomeMy WebLinkAbout97-3119Zone Case 638 - A to C-3 - Southwest 3rd and Quincy
ORDINANCE NO. 97-3119
AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF PLAINVIEW, TEXAS TO REZONE PROPERTY
LOCATED ON SOUTHWEST 3RD FROM AN A,
AGRICULTURAL DISTRICT TO A C~3, COMMERCIAL
GENERAL BUSINESS, ZONING DISTRICT;
CUMULATIVENESS CLAUSE; CONFLICT CLAUSE;
SEVERABILITY CLAUSE; AND EFFECTIVE DATE.
WHEREAS, Ordinance No. 89-2798, known as the City of Plainview Zoning Ordinance,
sets forth in Section 5 the requirements for amending the zoning map of the City of Plainview,
Texas; and
WHEREAS, James R. Odom and Annette P. Odom have requested rezoning of a 26.3
acre tract out of the south and east parts of the James R. Odom and Annette P. Odom 114.72
acre tract (recorded in volume 890, page 641, Public Records of Hale County) out of the
southeast part of Survey 33, Block JK-2, Hale County, Texas, same tract legal defined as
COMMENCING at the southeast corner of Survey 33, Block JK-2, Hale County, Texas, Thence
N. 1 °02"40'W. along the east line of said Survey 33, at 30 feet pass the north line of the original
tract dedicated for the Southwest Third Street, (recorded in Volume 478, p. 41, HCDR),in all
50 feet to the NE corner of an additional tract deeded for Highway No. 3466 (recorded in
Volume 700, page 186, HCDR); Thence S.88°56"W. 80 feet along said right of way to a 3/4"
rod found for the SW corner of a tract deeded for FM Highway No. 194 (Quincy
Street)(recorded in Volume 788, page 177, HCDR), the SE corner of said 114.72 acre tract and
the POINT OF BEGINNING; Thence N.1°02'40" W. 1667.31 feet along the west right of way
of Quincy Street to a 1/2" rod found for the southeast corner of the Ralph Miller 22.426 acre
tract (recorded in Volume 816, page 261, HCDR), from which the center of a large culvert
bears N.88°53'W.400 feet along the south line of said Miller tract to a point; Thence
S.1°02'40"E. 1006.96 feet to a point; Thence S88°W56'.260 feet to a point; Thence
S.1°02'40"E.260 feet to a point; Thence S.88°56'W.640 feet, more or less, to a point in the
floodway of running water draw as shown on Federal Insurance Rate Map Community 480275,
panels 0004B and 0007B, dated March 16, 1989; Thence S.40°08'W.531.6 feet, more or less,
along said floodway to the south line of said 114.72 acre tract; Thence N.88°56'E. 1650 feet,
more or less, along the north right of way of said FM Highway 3466 (SW 3rd Street) to the
POINT OF BEGINNING, from a Zone A (Agricultural) to a Zone C-3 (Commercial General
Business); and
WHEREAS, notice of a public hearing to discuss said rezoning was published in the
Plainview Daily Herald before the 15th day prior to the hearing date; and
WHEREAS, said hearing was held in the Council Chambers of the City Hall, Plainview,
Texas, at which time persons appeared in support of the proposal; and
WHEREAS, the proposed rezoning, as hereinafter made, has been duly presented to the
Planning and Zoning Commission for its recommendation which was received by the City
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Council; and
WHEREAS, it was determined by the City Council that it would be in the best public
interest to rezone the property as described below 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, Texas that:
SECTION I
The request of James R. Odom and Annette P. Odom for rezoning of, a 26.3 acre tract
out of the south and east parts of the James R. Odom and Annette P. Odom 114.72 acre tract
(recorded in volume 890, page 641, Public Records of Hale County) out of the southeast part
of Survey 33, Block JK-2, Hale County, Texas, same tract legal defined as COMMENCING
at the southeast corner of Survey 33, Block JK-2, Hale County, Texas, Thence N. 1 °02"40'W.
along the east line of said Survey 33, at 30 feet pass the north line of the original tract dedicated
for the Southwest Third Street, (recorded in Volume 478, p. 41, HCDR),in all 50 feet to the NE
corner of an additional tract deeded for Highway No. 3466 (recorded in Volume 700, page 186,
HCDR); Thence S.88°56"W. 80 feet along said right of way to a 3/4" rod found for the SW
corner of a tract deeded for FM Highway No. 194 (Quincy Street) (recorded in Volume 788,
page 177, HCDR), the SE corner of said 114.72 acre tract and the POINT OF BEGINNING;
Thence N. 1 °02'40" W. 1667.31 feet along the west right of way of Quincy Street to a 1/2" rod
found for the southeast corner of the Ralph Miller 22.426 acre tract (recorded in Volume 816,
page 261, HCDR), from which the center of a large culvert bears N.88°53'W.400 feet along
the south line of said miller tract to a point; Thence S.1°02'40"E. 1006.96 feet to a point;
Thence S88°W56'.260 feet to a point; Thence S.1°02'40"E.260 feet to a point; Thence
S.88°56'W.640 feet, more or less, to a point in the floodway of running water draw as shown
on Federal Insurance Rate Map Community 480275, panels 0004B and 0007B, dated March 16,
1989; Thence S.40°08'W.531.6 feet, more or less, along said floodway to the south line of said
114.72 acre tract; Thence N.88°56'E. 1650 feet, more or less, along the north right of way of
said FM Highway 3466 (SW 3rd Street) to the POINT OF BEGINNING, from a Zone A
(Agricultural) to a Zone C-3 (Commercial General Business).
SECTION II
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or
diminish the applicability or enforcement of other ordinances restricting, regulating or governing
the subject matter herein.
SECTION III
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
SECTION IV
Should any section, subsection, or any portion hereof be deemed invalid for any reason,
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such holding shall not render or invalidate any other section, sub-section, sentence, provision,
clause, phrase, or word severable therefrom and the same shall be deemed severable for this
purpose.
SECTION V
This ordinance shall be of full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED this the 27th day of May, 1997.
L~yd Woods, Mayor
ATTEST:
Karen McBeth, City Secretary
APPROVED AS TO CONTENT:
John Castro, Dir. of Community Services
APPROVED AS TO FORM:
Wall~) J-latch, cit~ Attorney
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