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Home My WebLink About86-2670 ordORDINANCE NO. 8~-2670 AN ,ORDINANCE AMENDING ZONING ORDINANCE N0. 82-2478 AND THE OFFICIAL ZONING MAP OF THE CITY OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE N0. 538: Req~,test of Durwood. O. Jones and the Carter Company for rezoning of the',, North 15 feet of the South 2.5 acres of the West 5 Acres of Blo~k No. 41, Lakeside Addition from an R-2 .(Single-Family Res dential} Zoning District to a C.G.B. {Commercial General Bus~.ness)_ Zoning District and located adjacent to 2301. Portland. WHEREAS, the proposed change in Zoning. Districts as hereinafter made has!, been. duly presented to the Plan.nirag and 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 tha~ 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, WHE EAS, .all conditions precedent required by law for a valid ame dment to the Zoning. Ordinance and Map, have been fully complied wit as well as giving notices provided by Article 1011F Vernon's Annotated Civil Statutes - Amended, 1953, and notice was duly pub~ished in the Plainview Daily Herald more than fifteen (15} days prier to the date of the Public Hearing according to said notice was dul~r held. in the City Council Roam of the City Hall, Plainview, Tex s, 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 ORDALNED BY THE CLTY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1. That Ordinance NO. 82-2478 and the Official Zoning Map be and~,the same are hereby amended as follows., to-wit: ~, ZONE CASE NO. 538: Nor~.h 15 feet of the South 2.5 acres of the West 5 Acres of Block No.'41, Lakeside Addition and located adjacent to 2301 Portland. Plainview, Hale County, Texas, from an Residential). Zoning District to a C.G.B. Business) Zoning District. From the date of lotR tract and parcel of land described shy charged to the Zoning. District. indicated and amended in accordance herewith. R-2 (Single-Family {Commercial General this Ordinance, said X11 be and hereby be the official Map is ~. ION 2. Upan passage of this Ordinance on first reading, the Secretary be and is hereby authorized and: directed to cause to published in the Plainview Daily Herald, a daily newspaper of ral circulation in the City of Plainview, Texas., a notice that a is hearing shall be held in the Council Chamber of the City Hall lainview, Texas., at-7:34 o'clock P.M., on the 28 day of October, to permit the public to be heard prior to consideration of Ordinance for second and final reading, said publication to be more than fifteen (15) days prior to the time: designated for public hearing. on first reading this, the 14th day of October, 1986. A nlotice of time and. place where and when said Ordinance would be given a public hearing and considered for final passage was pub~ished in the Plainview Daily Herald, a daily newspaper of gen ral circulation in the City of Plainview, Texas, said pub}1 ication being on the 12th day of October, 1986, the same being more than fifteen (15} days prior to the time designated for said hewing. After such opportunity for the public to be heard, said Ord'nan.ce was passed on second and final reading. PASSED on second and final reading this, the 28th day of October, 198. ATTEST: ~ r E.V. RIDLEHUBER, Mayor SHE YL OWEN, City Secretary CHECK SHEET FOR ZONING CASES ZOPJE CASE NO~. 53s There must be compelling reasons for any zoning amendment which are substantially related to the pllublic welfare and necessity. It is not sufficient that an applicant for an amend- meet to the Zoning Ordinance merely show that there is no neighborhood objection to a re- quest amendment; nor`is it sufficient that an applicant shotiv that tfae amendrnent would en- able himlto gain a greater profit or income from his property. Every zo~ing amendment should be analyzed with 'regard to the folloaaing: A. C4T1P~tEHENSIVENESS: No -Has been used as nonconforminc 1, ~schangecontraryto establishedland-use pattern? commercial:&.is adjacent:.to,.existir 2. Mould change create an isolated district unrelated commercia areas. to- similar districts, i.e., is this "spot Zoning"? No =see-No. l 3. .Mould change alter the population density pattern and thereby increase the load on public facilities schools, sewers, or streets)? No ire present di s"tri ct beundari es la ogi cal ly drawn in relation to existing conditions? No B~ CHANCED CONDITIONS: 1. Wave the basic land use conditions been changed? No -Property was priviously used 2, Was development of area been contrary to exist- as noncon ormzng u e. i,ng regUlatlOnS? ' No -Area was developing commercial prior ozoning C. PUBLT~C WELFARE: 1. 4~Ji11 change adversely influence 1iv~ng conditions 1~'~n the neighborhood? No -Was used as nonconfomring 2. ~r~i11 change create or excessively increase previous y. traffic congestion? No 3, 4~~11 change seriously reduce the light and air to alIdjacent area? No 4, Wi,i11 change adversely affect property values in a';djacent area? No - No changes in area uses. 5. W'~;i11 change be a deterrent to the improvement or d'~velopment o~ adjacent area? No - Is developed area. 6, W1i11 change constitute a grant of a special ~~,~°ivi l ege to an individual as contrasted to ~~the general welfare? No D. REAS~f~ABLEP;ESS: 1. Are there substantial reasons why the. property c nnot be used in accord with existing zoning? Yes -Property is .Zoned R-1 2, i~ the change requested out of scale with the needs of the neighborhood or the: City? No 3, I~ it impossible to find adequate sites-for the proposed use in district permitting such use? No -But others are not adjacent to ,. _ r _ MAILING LIST Zone Case No. 538 LAKESIDE ADDITION Block 41 5/22 acres.. of W 5 ac ex N 15' Southwestern Grain, Inc. ~ Ail Block 7.West Lynn Drawer O Plainview, Texas .79072 130 x 150 out of NE/C W 5 Ac Unique Lanudry Fac 24th P. O. Box 1432 Plainview, Texas 79072 N/2 of W .5 acres & 15' of ** Carter Co. (Aurwood O. Jones} S/2 of W.acre ex 130'.x 150' P. 0. Box 2076 out of NE/C of,N/2 : Roswell, N.M. 88201 WEST .LYNN SUB. ` Block l Lot 8-9-10 Calvary Baptiste Church 1613 W. 24th Plainview, Texas 79072 Block.6 Lots 1 & 2 Eloise B. Fergus 1000 Country Place, No. 169 Houston, Texas 77079 Lot l Calvary Baptist Church 1613 W:24th - Plainview, Texas 79072 Lot 3 Jo Ann Stocker 1604 W. 22nd Plainview, Texas 79072 W/30' of 5, E/20' of 9 Jaunita L. Jordan 1606 W. 22nd Plainview, Texas 79072 W/40' of 9, E/10' of 10 James F. Bublis 705 W. 7th Street Plainview, Texas 79072 W/50" of 10 Juan R. Vela, Jr. 1610 W. 22nd Plainview, Texas 79072 ** Elmer: V. East. .1604 Avenue M Lubbock, Texas 79401-4985 :. A %. ` •---~ EAST ~ O'CONNOR ATTORNEYS AT LAFJv ~ 808/783-3465 ELMER V EAST 1804 Avenue M Envr~[N rQ.O'CoNNOR III September 29th,19~86 LUBBOCK, TFXAS 7J4O1-4985 Mr',. Mike McDonough Director of Municipal .Services The City of Plainview Munnicipal Building QOM. Broadway P.O. Box :1570 Plainview, Texas,. 79073 Dear Mr. McDonough; I appreciate-the. courtesy extended to me at the .Planning and Za~ing Commission hearing on Thursday Night, September 25th by you. and the Commission. The meeting was conducted in a very professional,fair :and satisfactory manner. - I congratulate you and the'Commiss9Lon on the fact that it was evident that every possible phase of the probllems had been researched prior to the meeting and the meeting was very business like and.each item was handled with dispatch. Will you .please advise me when the 6ity Commission will consider and pass upon the recommendation of the Planning and ~~oningCommission, I presume that I should be, present at this meeting also, so that any question which might come,up with respect to the mateter could be satisfactorily answered by me. I plan to be present-at the Commission meeting and would appreciate being advised of the date, time andl place of :phis meeting. Sincerely yours., r - - __