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HomeMy WebLinkAbout79-2350 ordOI~,DINANCE NO. 79-2350 AN ORDINANCE Ar4ENDING ZONING ORDINANCE NO. 77-2090 AND THE OFFICIAL ZONING MAP OF TIIE CITY OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES ZONE CASE NO. 423: Request of Olin W. Pearce to rezone Lot 8, Blo¢'~ 3, W~st'~kynn Addition from a R-2 Zone to a C.R.D. Zone for repair~and:renta~.'~Qf minor appliances and located at 12(]7 West 24th Street. CITY OF PLAINVIEW, HALE COUNTY, TEXAS, FROM R-2 ZONE TQ A C.R.D. ZONING DISTRICT. WHEREAS, the proposed change in Zoning Districts as hereinafter made has been duly presented to the Planning and Zoning Com~3ission for its recommendation which was received by the City Council, and a~ter due consideration, the City Council of the City of P!ainvieW finds that for the orderly growth of the City ]making the prQpo~¢~ change as hereinafter set out will be in the public interes~ ~h$~h an emergency; and, WHEREAS, all conditions precedent required by law for ~ valid a~endment to the Zoning Ordinance and Map, have been fully complie~ with, as well as giving notices provided by Article 1011F Vernon'~ ~DQ~t~d'Civi! Statutes-Amended, 1953, and notice was duly published .n"~h~.~lainview Daily Herald more than fifteen (15) days prior' to.the Public Hearing according to said notice was duly he%d in~he,,~¥c Council Room of the City Hall, Plain~iew, Texa~, at~wh; persons appeared in support of the proposal; ~nd '.ng,. it was by the City Council determined that it wou!~ interest due to changed conditions, that the the Zoning Map be amended in the manner herei~e~ the body of this Ordinance; NOW, THEREFORE: " BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O~ ~!~V~- SECTION 1. That Ordinance No. 77-2090 and the Ct ~ ~in~ Ma~ be and the same are hereby amended as follow~'~ ~¢ ~:'~' ~s'~' '~ - ZONE CASE NO. 423 : Change Lot 8, Block 3, West Lynn A~io~,.~gcated at 1207 West 24th S%reeg City of Plainview, Hale County, Texas, f~om a R-2 ~0 a' C.R.D. Zoning District. From the date-'of'thi$ Ordinance, said lot, tract, and parcel of land desc~ib~d~shall be and hereby be changed to the Zoning District indicat~dla~4 ~h~ official Map is amended in accordance herewith. ' "," i''''~' SECTION 2. Upon passage of this Ordinance on first r~ad~ng, the city Secretary be and is hereby authorized and directed ~o cause to have published in the Plainview Daily Herald, a daily Bewspaper of general circulation in the City of Plainview, Texas'~a! n0t~c~ that a ~]ublic hearing will be held in the Council Chamber of ~h~ ~ity ttall in Plainview, Texas, at 7:30 o'clock ~? ..,~., Qn ~he 13th day of September , 1979, to permit the public to be heard prior to consideration of th-is Ordinance for second and final reading, said publication to be made more than fifteen (15) day§ ~rioN to the time designated for such public hearing. PASSED on first reading this, the 28th day of Au§ust , 1979 A notice of time and place where and when said Ordinance would be given a public hearing and considered for final passage WAS published in the Plainview Daily Herald, a daily newspaper of genera!.GSrculation .'. I I' [- i_. [; .fina~ r~ailng.i PASSED on second and final reading this, the ~3~th .g~ O~ September , 1979. ...... - ATTEST: Walter ~, , ty Secretary APPROVED: Tom Hamilton, City Attorney COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described and referred to and to all other interested persons as provided by !aw, that the Mayor and City Council will hold a public hearing on the 13th day of SEPTEMBER , 19 79 , at 7:30 O'clock P.M., in the Council Chamber of the City Hall, 90--T--~roadway, Plainview, Texas, to consider the recommendations made to it by the City Planning Commission concern- ing the following described property and at said hearing all interested persons will be given an opportunity to be heard. ZONE CASE NO. 423: Request of Olin W. Pearce to rezone Lot 8, Block 3, West Lynn Addition from a R-2 Zone to a C.R.D. Zone for repair and rental of minor appli- ances and located at 1207 West 24th Street, CHECK SHEET FOR ZONING CASES C SE no. There must be compelling reasons for any zoning amen&aent which are substantially related to the public welfare and necessity. It is not sufficient 'that an applicant for an amendment to the Zoning Ordi- nance merely show that there is no neighborhOOd objection to a request amendment; nor :is it sufficient that an applicant show that the ~amen-d~¢nt Woui3 enable him:to gain a greater profit or income from his property. Eve:ry zoning amendmmnt should be analyzed with regard to the following: Bt COMPREItENSI VENESS ' (1) Is change contrary to established land use pattern? 'tgould change create an isolated district unrelated to similar districtS, i.e., is this "spoi zoning"? (3)' I~ould change.alter the population density pattern and thereby increase the load on public facilities (schools, sewers, or streets?) {4) Are present district boundaries il'logically drawn in relation to existing conditions? CHANGED CONDITIONS: {1) Have the basic land use conditions beeh changed? C2) ltas development of area been contrary to existing regulations? PUB LI C IqE LFARE (1) I~ill change adversely influence living conditions in the neighborhood? r (2) ~ill change create or excessively increase traffic congestion? (~) ~ill change seriously reduce the light and air to adjacent (4) area ? P/ill change adversely affect property values in adjacent area? {5) t~ill change be a deterrent to the improvement or-development (6) individual as contrasted to the general welfare? REAS.ONAB LENESS: .......... {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? of adjacent area? ~ill change constitute a grant of a special privilege to an Is. it impossible to find adequate sites for the proposed use in district permitting such Use? -- ZONE CASE NO. 423 C-I ?359. 'F'VVE NTT -- Z~ ND LOT 8, BLOCK 3, WEST LYNN ADDITION FROM R-2 TO C.R.D. ZONE