HomeMy WebLinkAbout84-2551 ordti
ORDINNANCE N0. 84-2551
AN ORDINANCE AMENDING ZONING ORDINANCE N0. 82-2478 AND THE OFFICIAL ZONING
1~1AP OF THE CITY OF PLAINVIEW SO AS TO h1AKE THE FOLLOWING CHACJGES:
ZONE CRSE N0. 497:
J~ec~uest of Colin J. Powter, acting for and on behalf of C.P. and Associates,
Inc., Developers and Higginbotham-Bartlett Company, Ov~rners, fqr rezoning a
tract of land for use as a Shopping Mall and other commercial uses, and
described as follows:
Being a 34.595. acre tract out of a 35.59 acre tract and being
out of the .south central part of Survey No. 27, Block JK-2, Hale
County, Texas, said 34.595 acre tract being bounded on the South by a
tract dedicated for IrJest 10th Street and Duncan Drive as recorded in
Volume 474, Page 279 of the Hale County Deed..Records and the North
line of Duncan Addition Unit No. 2 as recorded in Volume 633, Fage 671
of the Hale County Deed Records, on the West by aline parallel and
37.5 feet East of the west line of a 16.397 acre tract as recorded in
Volume 655, Page 389 of the Hale County Deed Records, and on the East
by the west right of way line of Interstate Highway No. 27 as recorded
in Volume 361, Page 3 of the Hale County Deed Records:
BEGINNIf~JG at a point in the east line and 30 feet N. 0°00'30" E.
of the .southeast corner of the vrest half of Survey ~Jo. 27, Block JK-2,
Hale Country, Texas
Thence S. 89 58'09" LJ. 566.32 feet along the north right of way
line of West loth Street to the. northwest corner of said street;
Thence S. 0°09'09" LJ. 30.0 feet along the west line of Duncan
Drive to a 3/8 inch steel rod found in the south line of said survey
and'in the north line of Duncan Addition; Unit No. 2;
Thence S. 89°58'09'° W. 468.81 feet aloncJ the south line of said
survey and the nor~h line of said addition to a 3/8 inch steel rod;
Thence N. 63 04'39" tiJ. 154.53 feet continuing along the .north
line of said addition to a 3/8 inch steel rod;
Thence N. 70009` W. 7.50 feet, continuing along the north line
of said addition ~o a point;
Thence N. 000'30" E. 1162.43 feet along aline parallel-and.
37..5 feet East of ~he west line of said 16.397 acre tract to a point;
Thence N. 89 58'09" E. 1243.04 feet to a 1/2 inch steel rod set
in the west right of way line of Interstate Highway No. 27, as
recorded in ldoiume 361, Page 3 of the Hale County Deed Records;
Thence S. 0009' W. 932.76 feet along said right of way line to an
angle point of said right of way fine;
Thence S. 3°35' W. 272.82 feet continuing along said right of way
line to the north right of way line of West: 10th Street;
Thence S. 89°.58`09" W. 43.68 feet along the north line of West
10th Street to the POINT OF BEGINNING and crontaining 34.595 acres, and
located in the 1000 Block of North Interstate 27,
CITY OF PLAINVIEW, fiALE COUNTY, TEXAS, FR0~~1 A PD (Planned Development) TO A
Specific Use (Shopping Center on a site of 5_ acres or more) ZONING DISTP.ICT.
t~JtIC~~'tEAS, the proposed change in Zoning Districts as hereinafter made has been
duly presented to the. Planning and Zoning Commission for its recommendation
Zoning Ordinance No. 84-2551
Page 2
'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 'bylaw for a valid amendment to
the Zoning Ordinance and Pap, have been fully complied with, as well as
Lgiving notices provided by Article 1011E 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'af ter said hearing, it was by the City. Council determined that it would
be ~n 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 ~[T ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAiPJVIEW:
SECICION 1. That Ordinance No. 82-2478 and-the Official Zoning Map be and the
same are hereby amended as follows, to-wit:
ZONE .CASE N0. 491
.Change the following described tract of land for use as a Shopping Mall and
other commercial uses:.
Being a 34.595 acre tract out of a 35.59 acre tract and being.
.out of the south central part of Survey No. 27, Block JK-2, Hale
County, Texas, said 34.595 acre tract being' bounded on the-South by a
tract dedicated for West 10th Street. and Duncan Drive as recorded in
Volume-474, Page 279 of the Hale County Deed Records and the North
line of Duncan Addition Unit Pdo. 2 as recorded in Volume 633, Page 671
of the Hale County Deed Records, on the West by a line parallel and
'37.'5 feet East of the west line of a 16.397 .acre tract as recorded in
Vol':ame 655; Page. 389 of the Hale County Deed `Records, and on the East
by 'the west right of way line of Interstate Highway No. 27 as .recorded
in 'Volume 36'i, Page 3°of the Kale County Deed' Records:
BEGINNING at a point in the east line and 30 feet Pd. 000'30" E.
of the southeast corner of the west. half of 'Survey No. 27, Block JK-2,
Hale County, Texas;
Thence S. 89°58'09" W. 566.32 feet along the north right of way
.line of West 10th Street to the northwest corner of said street;
Thence S. Oo09'09" W. 30.0 feet along the west line of Duncan
Drive to a 3/8 inch steel rod found in the south line of said survey
and in the north fine of Duncan Addition, Unit No. 2;
Thence S, 89°58'09° W. 468.81 feet allong the south line of said
survey and the north line of said addition to a 3/8 inch steel rod;
Thence N. 63004'39" 4~l. 154.53 feet continuing along the north
line of said addition to a 3/8 inch steel rod;
Zoning Ordinance No. 84-2551
Page 3
Thence N. 70°09' W. 7.50-feet, continuing along the north line
of said addition to a point;
Thence N. 0000`30" E. 1162.43 .feet along aline parallel and
37.5 feet East of the west line of said 16.397 acre tract to a point;
Thence N. 89058`09" E. 1243.04 feet to a 1/2 inch steel rod set
in the west right of way line of .Interstate Highway No. 27, as
recorded in Vo1um~ 361, Page 3 of the Hale County Deed Records;
Thence S. 0...09.` W. 932.76-feet along said right of way line to an
angle point of sand right of way line;
Thence S. 3 35' W. 272.82 feet continuing along said right of way
line to the north fight of way line of West 10th Street;
Thence S 89 58'09" W. 43.68 feet along the north line of West
10th Street to the POINT OF BEGINNING and containing 34.595 acres, and
located in the 1000 Block of North Interstate 27,
City of Plainview, Hale County, Texas, fromi an PD to a S.U. Zoning District.
Specific Use :approved subject to the following conditions:
1. Land use limited to C,R.D. (commercial Retail District) Zoning district
permitted uses;
2. Site Plan to conform to EXHIBIT "A" and EXI-fIBIT "A"- attachment no. 1 as
approved;
3. Land uses and construction and operation of permitted uses to conform to
restrictions placed on property by -owner as evidenced by EXHIBIT "B"
as approved.
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. Upon passage of this Ordinance on first reading, the City
Secretary. be and is hereby authorized and directed to cause to have published
in the Plainview Daily Herald, a daily newspaper of general .circulation in
the City of Plainview,`Texas, a notice that; a public hearing shall be held
in the Council Chamber of the City Hall in Plainview, Texas, at 7:30 o'clock
P. M., on the 22nd day of May, 1.9$4, to permit the public to be heard
prior to consideration of this Ordinance for second and final reading, said
publication to be made', more than fifteen (ll5) days prior to the time designated
for such public hearing.
PASSED on first reading this, the 8th day of Mme, 1984.
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 general circulation in the
City of Plainview, Texas, said publication being on the ~-~ day of r~a.~ ,
1984, the same being more than fifteen (15) days prior to the time designated
for said hearing. After such opportunity For the public to be heard, said
Ordinance was passed on second and final reading.
~ .,, ~,,1 R - , , _ T ,. --- --, 1
Zoning Ordinance Plo. 84-2551
Page 4
PASSED on second and final. reading this, the 22nd day of Play,
1984.
~ '~--''
E. V. RIDLEHUBER, Playor
ATTEST:
~,:
WALTER S. DODSOPt, City Secretary