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HomeMy WebLinkAbout85 1126 minCITY COUNCIL MEETING November 26, 1985 COUNC~~ 11:30 A.M. The Plainview City Council met in a Council Meeting on Tuesday, November 26, 1985, at 7:30 p.m. in the Council Chambers of City Hall with Mayor Ridlehuber presiding and the following present: Councilmembers; Barbara Dorman, Andy Taylor, Junior Brown, Bobby James and Tc~ Aday. Staff present: City Manager Jim Jeffers, City Attorney Tc~ Hamilton, Joe Ferguson, Norman Huggin~ Mike McDonough, and Buddy Dodson. , Invocation was given by Tom Hamilton. Mayor Ridlehuber called the meeting to order. Mayor presented the Public Hearing on Zone Case No. 525; Request of ~x Ramsower for rezoning four tracts of land from MF-2 (Multi-family residential) and R-1 (Single-family residential) zoning district to CRD (Co~nercial Retail District) zoning district for cc~ercial uses located in 1200-1400-1600 blocks of North 1-27. Alderman Aday made the motion to open the public hearing on Zone Case #525 seconded by Alderman Taylor. Mike McDonough reported that the Planning and Zoning Commission heard Zone Case #525 at both the September and October Meeting. Tony Garcia made the motion, seconded by Norvene Owen, that Tract 1-2-3-4 be approved for CRD Use and it passed unanimously. Rex Ramsower expressed his opinions as to what he would like to do to improve the land in question. He stated that he had met with most of the residents of Jefferson Street and learned that they had rather have cc~mercial businesses than Multi-family residential. Mr. Ramsower requested that Tract 1 & 2 be rezoned CRD at the present time. Mr. Ramsower said that the residents had made several requests concerning the construction on this property. Such requests w~re a fence and no alley service. Mr. Ramsower stated that he had asked several residents of Jefferson Street to serve on an Architectural Ccmm~ttee to see that the businesses that plan to do business in that area and the type of businesses that the residents would desire. He stated that restrictions could be placed on the land to make sure that what was said was to be built is what would be built when the land is sold. Mr. Ramsower stated that even though the City Council might pass the zoning that they would still have the option as to wb~t could be built on the land. Mr. Ramsower stated that h~ hoped whatever was built on the land, alcoholic beverages would not be served. Mr. Ramsower stated that 85% of John Marse's Shopping Center was leased and that one vacancy existed in the Village Shopping Center across the street, and Plainview is in need for this type of construction. Mr. Ramsower stated that he would like to sell the land to a developer so their c~Uld be a coordinated plan to give them a certain amount of time to build so as to conform to the rest of the area. Mr. Ramsower requested that the Council not consider Tracts 3 & 4 because another man was to make a presentation on those tracts. Jeffrey Ryan made a presentation concerning tract 3 & 4. displayed plans for Multi-family housing combined with retail He 1) Fasonary fence north from 14th street along east boundary of Tract 1 and 2, no less than 6'8" tall, width opening are to be equipped with gates as required by City to comply with City ordinances (gates); 2) No openings on back side of the buildings except at ground floor level; 3) Structures no closer to fence than 25 foot setback, no other structures allowed in the 25 foot setback area, and the area between the structures and the fence is to be paved; 4) Shielded lighting to protect residences; 5) Buildings and Uses not Permitted: Bowling Alley Golf driving range (business permitted outside of building) Dance Hall (Cc~mercial) Gasoline or autcmotive service or car wash Eating place providing auto service Ice Manufacturing establishment (Plant) Pawn Shop Skating r~nk, Commercial Taxidermist Trailer sales or rental (for use with private passenger autc~obiles) No alcoholic beverages sold or served Mayor presented Ordi~3nce No. 85-2626, on second and final reading, entitled, "An Ordinance amending zoning ordinance No. 82-2478 and the official zoning map of the City of Plainview so as to make the following change: Zone Case No. 525; ~quest of Rex Ramsower for rezoning four tracts of land from MF-2 (Fulti-family residential) and R-1 (Single-family residential) zoning district to CRD (Cc~mercial Retail District) zoning district for ~rcial uses located in 1200-1400-1600 blocks of North 1-27." Mr. Hamilton then requested that Mr. Ramsower request the Council to pass this ordinance with the restrictions that were outlined as to Tracts ! & 2, then recess and table until the next Council Meeting as to Tracts 3 & 4. Mr. Ramsower made that request. Tom Aday made the motion to close public hearing on Tract 1 & 2 and recess public hearing on Tract 3 & 4, seconded by Ald~ Dorman. MOtion carried unanimously. Alderman Aday made a motion to adopt the ordinance as it pertains to Tracts 1 & 2, Alderwc~an Dorman seconded the motion. Alderman Aday made the motion to amend the ordinance as it pertain to Tracts 1 & 2, as outlined by Mr. Ramsower and Mrs. Jordan. Alderwoman Dorman seconded the motion. MOtion carried unanimously. l~ces s: Mayor presented a public hearing on Zone Case No. 526; Request of Onofre Hinojosa for rezoning the West 40 feet of Lot 1, Block 58, Original Town Addition, from an MF-2 (M~lti-family residential) zoning businesses. He stated that a fence would be built on the back of the property. Lighting would also be installed to keep as much light off the residential area as was possible. Mr. Ryan stated the construction now being considered was two story. Carolyn Jordan, Attorney representing the Jefferson Street residents made a presentation showing two types of construction that might be considered for tracts 1 & 2. She stated that the occupancy rate in Pla/nview for the last 2 years has been 75% to 90%. They fear if any Multi-family residences are built at this location it would only dilute the occupancy further. Mrs. Jordan stated that as far as Wal-Mart coming to Plainview; she felt that most of their employees were already living in Plainview and all that would be involved in more housing would be Administrative personnel. She stated that the zoning ordinance of the City of Plainview already requires a buffer between conm~rcial and residential property as well as Multi-family. She suggested that whatever was built on the site might be coordinated with the surrounding area such as bricks., etc., with parking in front. Mr. Ramsower rebutte~ and stated that instead of selling to several different developers, it would be better to sell to an individual developer who would build one solid building. Carolyn Jordan rebutted concerning Tracts 3 & 4. There is some concern about different type restaurants. There should be some general type restrictions in regard to what might go in. If it is going to be Multi-family there needs to be restrictions as to Parking, lighting, and second story with no windows looking down on the residential area to the rear. Tom ~lay asked Tom Hamilton if the Council granted the Zone Case, now can we, as a condition, place restrictions mentioned on the property as our ordinance exists. Mr. Hamilton responded and said the Council has the option of zoning with the restrictions, you can't use the zone change to force Mr. Ramsower to do what he doesn't want to do. If Mr. Ramsower comes to the Council with a plan of what he is going to do, and what he will do, then you can pass the zoning with those restrictions. Mr. Hamilton said in his opinion that he didn't know w~t everybody wanted. Mrs. Jordan requested that the zone case be tabled for two weeks until all things could be worked out. Mr. Ramsower disagreed. Mrs. Jordan asked the Council for a 20-minute recess to get the people together and see if a plan could be worked out. Mr. ~mmilton said he would like to see sc~ething in writing if the Council was going to approve anything. The Mayor called a 20-minute recess at this point. After 20-minutes the Mayor called the meeting back to order and entertained a motion to recess zone case #525 and go on with the agenda until 'the parties in the zone case had resolved their differences. Motion was made by Alderwoman Dorman and seconded by Alderman Taylor. After about 40 minutes, the Mayor called the meeting from recess to order in the public hearing on Zone Case #525. Mrs. Jordan presented the restrictions agreed to by all parties involved Those restrictions are as follows: ' district to a CRD (Commercial Retail District) zoning district for cc~ercial uses located at 504 East 4th Street. It was moved by Alderwoman Dorman seconded by Alderman Taylor to open the public hearing. Onofre Hinojosa spoke on the request. It was moved by Alderman Aday seconded by Alderman James to close the public hearing. Mayor presented Ordinance No. 85-2627, on second and final reading, entitled, "An Ordinance amending'zoning ordinance 82-2478, and the official zoning map of the City of Plainview so as to make the following change: Zone Case No. 526; Request of Onofre Hinojosa for rezoning the west 40 feet of Lot 1, Block 58, Original Town Addition, from an MF-2 (M~lti-family residential) zoning district to a CRD (Coam~rcial ~tail District) zoning district for con~ercial uses, located at 504 East 4th Street." It was moved by Alderman Aday seconded by Alderman Taylor to approve the ordinance. Motion carried unanimously. Mayor presented a public for consideration of the annexation of certain territory consisting of 23.76 acres of land. It was moved by Ald~ Donman seconded by Alderman Aday to open the public hearing. City Manager Jim Jeffers explained the proposed annexation. It was then moved by Alderman Aday seconded by Ald~ Dorman to close the Public hearing. Motion carried for: Alderpersons; One, Three Four and Five. Alderman Taylor abstained. ' Mayor presented Ordinance No. 85-2625 on second and final reading, entitled, ,,An Ordinance providing for the extention of certain boundary lines of the City of Plainview, Texas and the anne~xation of certain territory consisting of 23.76 acres of land, which said territory lies adjacent to and adjoins the present limits of the City of Plainview, Texas and within the extraterritorial jurisdiction of said City." It was moved by Alderman Aday seconded by Alderman Brown to approve the Ordinance. Motion carried for: Alderpersons; One, Three, Four and Five. Alderman Taylor abstained from voting. Chief Fer~uson gave a report on the Plainview Fire Department ~n~rgency Medical Services. Mayor presented the following items on Consent Calendar: a) Minutes b) Department Reports c) Budget Expenditures d) Consideration of Ordinance No. 85-2628, on second and final reading, entitled, ,,An Ordinance of the ~ity of Plainview, Texas repealing Article 3, Board of City Development, Sections 25-29 through 25-62, inclusive, of the Plainview City Code." e) Consideration of Ordinance No. 85-2629, on second and final reading, entitled, "An Ordinance of the City Council of the City of Plainview, Texas amending Section 7-93 of the Code of the City of Plainview, Texas entitled, "Redemption of Unvaccinated Animals." f) Consideration of Ordinance No. 85-2630, on second and final reading, entitled, "An Ordinance of the City Council of the City of Plainview, Texas amending Section 7-92 of the Code of the City of Plainview, Texas entitled, "Fees" as it pertains to the impoundment of animals." g) Consideration of Resolution No. R85-941 entitled, "A Resolution of the City Council of the City of Plainview, Texas revising project elements amending project budget and authorizing City Staff to submit fiD~l documents to the Texas ~arks and Wildlife Department to complete the Plainview Parks Project (Project No. 48-00799)." h) Consideration of Resolution No. R85-942 entitled, "A Resolution of the City Council of the City of Plainview, Texas authorizing the award of a bid for a APCOR Portmble Radio, ~?~-Telemetry." i) Consideration of Resolution No. R85-943 entitled, "A Resolution of the City Council of the City of Plainview, Texas authorizing participation in the ICMA Retirement Corporation Programs." j) Consideration of Resolution No. R85-944 entitled, "A Resolution of the City Council of the City of Plainview, Texas changing the regular meeting day of the Council frc~ December 24, 1985 to December 23, 1985." It was moved by Alderman Aday seconded by Alderman Brown to approve the consent calendar as presented. M~tion carried unanimously. EXSEUTIVE SESSION: Discussion of pending litigations as authorized by Articles 7252-17, Section 1 (e) V.T.C.S. It was moved by Alderwoman Dorman seconded by Alderman D~ay to adjourn the meeting. PASSED AND APPROVED this the 10th day 'of December, 1985. E.V. RIDL~K/BER, Mayor