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Home My WebLink About77-2091 ordORDINANCE NO. 77-2091 AN ORDINANCE A~NI.)INC ZONING ORDINANCE NO. 794 AND THE OFFICIAL MAP OF THE CITY OF PLAiNVIEgq SO AS TO b~dKE THE FOLLOWING OHANGES, AND CREATING AN EMERGENCY ZONE CASE NO. 55S: W/2 of Lots 8 and 9, Block 5, Brandes Subdivision, City of Plainview, Hale County, Texas, same being 2910 West 10th CI'Ff OF PIAINVIEW, HALE COUNTY, TEXAS FROM R-l_. to a DISTRICT. ZONING i~tEREAS, the proposed change in Zoning Distrmcts as hereinafter made has been duly presented to the Planning & 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, h~REAS, 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 in compliance with Section 18 of Ordinance 794 as well as notices pro- vided by Article 1011F Vernon's Annotated Civil Statutes-Amended, 1953, and notxce was duly published in the Plainview Herald more than fifteen (15) days prior to the date of the Public Hearing before the City Council of' such pro- posed:amendment, and the Public Hearing according to said notice was duly held in theCity 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 PI&INVIEW: SECTION 1o That Ordinance No~ 794 and the Official Zoning Map be and the same are hereby amended as follows, to:wit: ZONE CASE NO. 335 Change W/2 of Lots 8 and 9, Block 5, Brandes S~>dikision, City of Plainview, Hale County, Texas, same being 29~0West 10th Street City of Plainvxew, Hale County, Texas, from an -~ to a C-I Zoning District. From the date of this Ordinance said Lot, tract, and Parcel of land described shall be and hereby be changed to. the 2~oning District indicated and the Official Map is amended in accordance herewith. -'- WHEREAS, an emergency exists as sho~n in.the preamble to this Ordinance, the enactment of this Ordinance is declared to be an emergency measure creating a public necessity that the rule requiring proposed[ Ordinanceto be presented at two (2) separate Council meetings be dispensed with; and this Ordinance shall be effectxve from Lhe date of its passage. Unanimously passed by the City Council this 26th~aY of July .., 19 77- ATTEST: City Secretary-Treasurer :\~-: tII~I,I.N:\N(:I ..%II!NI~IN(: Z()NIN(; ()RIIINAN(:Ii N(). 794 AND TIlE OFFICIAl_ MAP OF TIlE ~'11'~ ,)~: I'I..\INVII:I~' SO ;\.$ '1'O ~\Kt! '111E FOI&OI,IIN(: CIIAN(iES, AND CILE&TING AN EHERGENC~( .-t~Nl: ~:,\:-¢1 NO. ~$: W/2 o£ Lots 8 a~d 9, BZock 5, Bra~des Subdivision, City o£ Pla~v±e~, tla~e County, Texas, sa~e be~§ ~9~0 iYest ~0th ~ I I'Y t)l: i'I..\INVlliW, ~l:~t,t~ COIINT¥, TI!.>(AS FROM II1~ 1'1~ It;'l. to a _ , C-1 ZONING WI II!RI!AS, the proposed chan§e in Zoning l)istrzcts as hereinafter made has been &~lv pre~ented eo the Planning ti Zoning Co~mnxss]on for its reconm~endation which tvas received hy the City Council, and after due consideration the City Co~cil ol tt~e (;it), of Plainview finds that for the orderly growth of the City making tt~c ptt~t,osed change as herenmkter set out will be In the public interest whi. ch creates an emergency; and, WIIIiRI~AN, all co~clltzons precedent required by lat~ for a valid mnen~ent to the Zo~ung Ordinance and Map, have been fully co~q~plied with, as well as giving ~ot~ces u~ complaance ~,'ith Sectzon 18 of Ordanance ?94 as well as notices pro- v ~ded by Art icle 1011F Ven~on' s Nmorated (hvtl Statutes-~lended, 19S3, ~d notice ;,'as duly published in the Plainv~e;, Herald more than fifteen (15) days prior to tl~e date of the Public ttearing before the City Council of such pro- posed amend,tent, and the PubItc ttearing accordn~g to sa~d notice was duly held zn the City Counckl Room of the City Hall, Plainview, Texas, at which time persons appeared tn support of the proposak; and after said hearing, it was by the (Titv Cotmcd.], determined ii,ar zt ~,,ould be m the public interest due to changed conditions, that the Zonzng Ordinance and the Zoning blap be ~ended in the macvee hereinafter set forth zn the body of this Ordinate; NOI~ '~FO~, BE IT OI~)AINEI) BY ~ll-IE CiTY COUNCIl_ OF TIiE C1YY OF PLAINVI~q: SECTION 1. That Ordinance No. 794 and the Official Zoning ~,~p be ~md the s~e are hereby ~.~ended as follows, to-wit: ZONE G\SE NO. 335 Change W/2 of Lots 8 and 9, Block 5, Brandes Subdivision, City of Plainview, Hale County, Texas, same being 2910 West 10th Street City of Plainvie~v, time Co~ulty, Texas, from an R-1 to a __IZzl Zoning District. brom the date of this Ordinance said' Lot, tract, and parcel of lmld described shall be and hereby be changed to the Doning District indicated mid the Olficial Map is amended in accorJance hereto;th. i~tERtLAS, an emergency exists as sho~n in the pre~nbIe to this Ordinmice, the enactment ol tlds Ordnmnce is declared to be an emergency measure creating a public necessity that the rule requir±ng proposed Ordinance to be presented at t~qo (2) separate Cotmcxt meetn~£s be dispensed with; and this Ordi~mnce shall be et:-f~,:t~,e from the date of its passage. Unanimously passed by thc City CoLmc~l tills. 26th ___day of July , 19 72' A'fTt:SI' City Secretary-Treasurer THE STATE OF TEXAS COUNTY OF HALE COVENANTS AND RESTRICTIONS FOR AND IN CONSIDERATION of the benefits to be derived from the use of the herein described real property, and to insure proper and orderly growth maximizing the utilization of the herein describ- ed property, WE, DANNY E. OWEN and wife, PATRICIA ANN OWEN, the sole owners of the following described tract of land situated in Hale County, Texas, described as follows; to-wit: THE WEST HALF OF LOTS EIGHT (8) AND NINE (9), BLOCK FIVE (5), BRANDES SUBDIVISION, to the Town of Plainview, Hale County, Texas, do hereby make and designate as covenants and restrictions upon the owner's use and occupancy of the tract of land heretofor des- cribed the following covenants and restrictions. I. THAT the herein described property can only be used for the following purposes: A. Schools and studios for art, dancing, drama, music, photo- graphy, interior decorating or reducing. B. Administrative, executive and editorial offices for bus- iness, professional or industrial organizations. C. Financial offices such as banks, savings and loan associa- tions, mortgage bankers and insurance offices. D. Governmental buildings and uses. E. Prescription pharmacy. F. Medical and dental clinics. Go Medical and dental laboratories, but not including the manufacture of pharmaceutical or other products for gen- eral sale or distribution. H. Professional offices for the conduct of the followin~ professional and semi-professional occupations: Account- ant, architect, attorney-at-law, dentist, engineer, insurance agent, real estate agent, personal or family counselor, chiropractor, physical therapist, physician, public secretary~ surgeon, or any other office or pro- fession which is the same general character as the foregoing, but excluding, animal grooming salons, dog kennels, funeral homes, veterianarians, veterinary hos- pitals. I. Public institutions and non-profit institutions of an educational, religious or cultural type, but excluding corrective institutions and hospitals. J. Uses similar to the above mentioned permitted uses, provided activities conducted observe the requirements of all city ordinances. K. Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objection- able because of odor, smoke, dust~ noise~ vibration, or similar nuisance. II. Not withstanding the uses itemized[ above in Section I, no noxious, or offensive trade or activity shall be carried on upon any part of said tract, nor shall any conditions be created or permitted to exist thereon which may become an annoyance or nuis- ance to adjacent or nearby property. The covenants herein contained shall run with the land and are to be binding on all persons and all persons claiming under them until January 1, 2008. If the parties hereto, their heirs and assigns, violate or attempt to violate any of the covenants herein contained, it shall be lawful for any other person or persons owning any real property situated near said tract or for the City Of Plainview to prosec- cute any proceedings, at law or in equity, against the person or persons violating or attempting to violat~ any of such covenants, and either prevent him or them from so doing or recovering damages COVENANTS AND RESTRICTIONS/Page 2 of 3 or other dues for such violation but in no event, will the right of reverter exist for the breech of any of the foregoing restrict- ive covenants. The invalidation of any one of these covenants, or restrict- ions of use by judgment or court order, shall not in any way affect any of the other provisions which shall reamin in full force and effect. EXECUTED on this the 27th day of April, 1978. ACKNOWLEDGEMENT THE STATE OF TEXAS X COUNTY OF HALE X -BEFORE ME, the undersigned authority, on this day personally appeared DANNY E. OWEN and wife, PATRICIA ANN OWEN, known to me to be persons whose names are subscribed hereto and acknowledged to me that they executed the same for the purposes and consider- ation therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 28th day of April, 1978. Publii County, Texas. My Commission Ex' COVENANTS AND RESTRICTIONS/Page 3 of 3