The URL can be used to link to this page

Home My WebLink About85-2598 ord ORDINANCE N0. 85-2.598 ° AN ORDINANCE Ah1EPJDING ~ONING'ORDINANCE N0. $2-2478 AND THE -0FFICIAL ZONING P~fAP OF THE CITY-OF FLAiNVIEW SO AS TO MAKE THE FOLLOWING CHNAGES: ZONE CASE N0. 513: Request of Medlin Carpenter on behalf of Plainview Industrial Foundation, Inc. for rezoning a 97.56 acre tact of land, consistung of 17.994 acres zoned R-2,(Singl;e-Family Residential) and 79.566 acres zoned R-1 (Single.- Family Residential) located in the 3000- 3200 Blocks- of North Quincy .Street and. described as follows: A tract of band in Section 35, Block JK-2, East of Interstate Highway No. 27 (I-H 27) in Hale County, Texas, more particularly described as cornmencing at the Southeast corner of said Section - 35, Block JK-2, Haie County,.Texas and proceeding North 0 57' 4D" West along the East line of said Section 35 a distance of 1,.319..69 feet •to the Southeast corner of the North Half of the Southeast Quarter of.said Section 35, thence South 89 1' 23" vilest along the South. line of said North Half a distance of 50 feet to the Point -af Beginning: Thence, .North 0° 57' 40" G1est parallel to the East line of said Section 35 a distance of 1,724.67 feet; Thence, South 89° 2' 10°' t,(est, along the South line of a 30 acre tract, a distance of 1,972.70 feet to a point on the East Right-of- Way Tine of .Interstate Highv~~ay fro. 27 Thence,. South 440 2" 21" t°lest along said East Right.-of-Way line a distance of 270.15 feet; Thence, South 3B° 8` 28" Went along said East.'Right-of-Way line a distance of 603.43 feet;. Thence, South 350 52' 9".West along said East Right-of-Way `line a distance of 502.27 .feet to the ~lorth Right-of-t,~ay line of the Burl ing- ton Northern Railroad Company; _ Thence:, South 46° 28` 15" east along said North tight-of-Way line a distance of 943.76 feet to a,point on the South line of the North Half of the Southeast Quarter; Thence, North 89° 1' 23" fast along the South line of the said North Half a distance of 2,176.72 feet to the Point of Beginning, and containing 9.7.56:acres, morear less. -- WHEREAS, the proposed change in Zoning Districts as hereinafter made has been .duly presented to the Planning and Zoning Commission for its recommenda- tion 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 far a valid amendment to :the Zoning Ordinance and Map, have. been fully complied with, as well as giving notices provided by Article 1011E Vernon's Annotated Givil Statutes- Amended, 1953, and notice was duly published in the Plainivew.Daly Herald more than fifteen (15) days prior to the. dateaf the Public Hearing according to said notce'was duly held in the City Co~~ncii 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 c®nditions',_that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance; NOW THEREF~JRE;~ 8E IT ORDAINED BY THE CITY'GOUNCiL QF THE CITY OF PLAINVI~EW: SECTION 1. That Ordinance No. 82-2478 and the Official Zoning Map be and the same are. hereby .amended as follows, to-~vit: ZQNE CASE NO. 513: A tract of land in Section 35, Block`JK-2, East of Interstate Highway No. 27 (I-H 27) in Hale County, Texas, mare particularly described as cor~mencing at the Southeast corner of said S~ctian 35, Block JK-2, Hale %ounty, Texas and proceeding iJorth O 57' 40" West along the East..line of said Section 35 a distance of I,31g,6g feet to the Southeast Lorner of the North N~lf of the Southeast ,Quarter of said Section 35, thence South 3° 1' 23" UJest along the South ~ine'of said ~~orth Half a distance of 50 feet to the Point of Beginning: Thence, North 0° 57' 40" i~Jest parallel to the East line-of said Section 35 a distance-of.1,724.67 feet; Thence,. South 890 2 ` 10'° Ldest, along the South line of a 3O acre .tract, a distance of 1,972.74 feet to a point on the .East .Right-of- Way line of interstate Highalay t~lo. 27; ___ „ Thence, South 440 2` 21".t~test along said East Right-of-Way Linea distance of 270.15 .feet; Thence, South 3fi~ 3' 23" West along said East Right-of-4lay line a distance of `603.43 feet; Thence, South 35° 52' 9" West alongsaid.East Right-of-Way line a distance of -502.27 feet to the Tdorth :Right-of-l~iay line of the .burl ing- ton Northern Railroad Company; -~: Thence, South 46° 28' 15" east along said North ;tight-of-Way line a -distance of 94.76 feet. to a point om the South lane of he North Half of the Southeast Quarter; Thence, North 890 ?' 2~" East along the South line of the said North Half`a distance of 2,176.72 feet to the Point of Beginning, and containincg-97.56 acres, more, or less. City,of Plainview, Hale County, Texas, Pram an R-1 and R-2 Zoning District to a:G.G.B. Zoning District. 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 thn official-Map is amended in accordance herewith. SECTIQN 2. Upon passage of ,thin. Ordinance anfirst.: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 hearngshall be held ire the Council Chamber of the City Nall in Plainview, Texas, at 7:30 o'clock P.M., on the day of , 1985, 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 (35} days prior to the time-designated for such public hearing. .PASSED on first reading this, the 2~rd day of July , 1985.. _ A notice of time and place where and when said Ordinance wound 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 aay of 19.85, the same being more than fifteen (15} days prior. to the time designated for said hearing. After such opportunity far the public to be heard, said Ordinance was passed on second and-final reading. PASSED on .second and final reading. this, the 13th day of Augus , 1985. f _ E. 1l. RIDLEHUE~ER, Mayor.. _ .ATTEST: ~~ ~ ~ ,:~ WA R S. DDDSON, City Secretary Y CIiE CK SIIE'E T FOR ZONING CA5 E5 CASE NO. 513 There must be compelling reasons for any zoning amendment which are substantially re7.ated to the public welfare and necessity. It is not sufficient that an applicant for an amendment to the Zoning C3~dinance merely show that there is no'neighborhood objection to a request.amen:dment; nor is it sufficient that an applicant show that the amendment ~,rould enable him ro gain a greater presfit or income from his .property.. Every coning amendment should be analyzed tsith regard to the following: A, CO~~LPREHENSIVENESS: {1) Is change contrary ~o established 1-and. use pattern? NQ {2) Would change create an isolated district unrelated 'to similar districts, i. e, , is this "spot zoning;"? f~0 {3) Would change alter the population density pattern and. thereby increase the o is facilities {schools, sewers, or streets?) {4) Are present district boundaries illogically drawn ire relation to exist- ing condi tons? N0 B, C'rIANGED CfJN'DZTIONS: . {) Have .the basic land use conditions been changed? N0 {2} Ias deveiop~ent of area been contrary to existing regulations? Np C, PUBLIC WELFARE {~.) Will N~ange adversely influence livngconditons in the neighborhood? {2) .Will change create or excessively increase traffic congestion? !~0 {3} Will ~fl nge seriously reduce the light and air. to .adjacent area-? (4) Will c~h~nge adversely affect property values in adjacent area? (5) Will Chang-e be a deterrent to the impravement sir d~velog~nent of adjacent ' area? 1~0 {b) Will change constitute a grant of a special privilege t:o an individual as contrasted-to the general welfare? NQ D< REASflNABLENESSt {1) Are there substantial reasons why the property cannot be used in accord with existing zoning? YES (2) Is the change requested out of scale with the needs of the neighborhood or the City? N0 (3) Is it ianpossble to find ade uate sites for the, proposed use in district permitting suchuse~ i'ES .