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Home My WebLink AboutR87-236051 RESOLUTION NO. R87-236 A RESOLUTION OF THEMAYOR ~LND THE CITY COUNCIL THE CITY OF PL~INVIEW, TEX~S AUTHORIZING THE DIRECTOR OF MUNICIPAL SERVICES TO FILE A PETITION FOR REZONING FROM R-1 AND A-O TO CRD (COmmERCIAL RETAIL DISTRICT) ZONING DISTRICT THE PROPERTIES LOCATED ON THE SOUTH SIDE OF SOUTHWEST THIRD FROM INTERSTATE HIC~H~lqy NO. 27 TO QUINCY STREET. WHEREAS, the properties currently located on the South side of zonedS°UthwestR-1 andThirdA-o;fr°mandQuincy Street to Interstate Highway No. 27 are WHEREAS, it is in the best interest of the City of Plainview to control the type of development that will take place along Southwest Third with the completion of it as a major thoroughfare; and WHEREAS, the Planning and Zoning Commission has recommended that the South side of Southwest Third be rezoned to a Commercial Retail designation; and WHEREAS, before said property can be considered for rezoning a series of public hearings must be conducted. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Plainview, Texas, that the Director of Municipal Services, for the City of Plainview, is hereby authorized to serve:as the agent of the City and file a petition for rezoning of the property located on the South side of Southwest Third from Quincy Street West to Interstate Highway No. 27 which includes the 1500 Blocks through the 3900 Blocks of Southwest Third with said petition calling for the rezoning from R-1 and A-O to C.R.D Retail District). - (Commercial I, Sheryl Owen, City Secretary for the City of Plainview, hereby certify that the above Resolution was adopted by the Plainview City Council on April 28, 1987. ~E~YL~OWEN, - ~ity Secretary 6'/04~ ZONE CASE NO 91.68 Acres of landlocated on the south side of Southwest Third Street between Quincy Street and Interstate No 27 being the 1800 through the 3900 Blocks of Southwest Third Street. ' ' ~.FOURTH R~ 0 ZONE .CASE NO 548 91.68 Acres of landlocated on the south side'of SOuthwest Third Street between Quincy Street and Interstate NO 27, being the 1800 through the 3900 Blocks ~f SoUthwest Third Street. PETITION FOR REZON]NG CITY OF PLAINVIEW, TEXAS FILING FEE PAID Receipt NOo Advertised Date; PLANNING & ZONING BOARD ACTION~ APPROVED: DATE REJECTED: DATE OTHER ZONE CASE~NO. 54 COUNCIL ACTION: APPROVED )ST READING: DATE APPROVED 2N~ READING: DATE !9 OTHER: I HEREBY CERTIFY, AS THE OWNER OR BONA FIDE REPRE-SEN~TATIVE OF THE OWNER OR OWNERS, THAT THE FOREGOING DESCRIPTIONS AND STATEMENTS ARE TRUE AN~' CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT I WILL PAY AlL COSTS INCURRED IN ADVERTISING FOR A PUBLIC HEARING. P. O. Box 1870, Plainview, Tex. 293-417I SIGNATUREMike McDonough on behalf of A-~-~R~SS PHONE TATE OF TExA~he~City of Plainview OUNTY OF HALE '' : ' ' 'm BEFORE ME, the undersigned, a notary pub)~ic in and for said county and state, on this day ' :'.'..: .. '-- '. '~ , -.: '' ,",.' ersonally appeared , known to me to be the person whose name is Jbscribed to the foregoing petit)on, and acknowledged to me that he executed the same for the - ,-T.~v,5~'~..-'.,?.--:..?- : ~-' "'".'~' ~'~ Notary .Pub) ic In and for Hale Co.,Tx. ..~.... -:-,~,..--:. = .-.:~.-,.- : ~n amount of money set by the City Council to be sufficient to mail and publish all notices 'n the amoun~ ot $420.00 is f~led with this application,) 11. A~'e current taxes pa~d on this? . _ Unknown DATE 4-15-87 CiTY OF PLANNING AND ZONING CO~iM[SSION ~. O. BOX 1870 PLAINVIEW: TEXAS 79072 : -~ent) emen: '"~ ~'~":"'q~"' ":' ~"'"=~:~ ~'"q:""~?':;"'":~:-" ' ' [ request the rezon lng of Lots ..... '. ' ' 91.68 Acres ....< ;' ._.-..~,." '~' ":' ~"_- ?: ~L-.: ~'.: -: ~.-- .%=.-..'" '"'T' ~'~' '-;'"~':'-~'" '-:'~': 3LOCK See Atta~h~~i on STREET SW 3rd from Quincy to Interstate No. .. rj :-.¥-'..:'.:~ .y-;- :~[¢~¢, :~ .-.T ¥' ;~.-:f;~::-:-~%;::.! ~' (or attached uescri pti on ) 2 ':~.:.; .,'. ';.' '-:..,-:-.,'-~'...=.: ~-'-::':.-::~'-~.; :ROM R-Z & A-O ZONE rO CRD (Co~erc]al Retail) ZONE ... ............ '-,::. ;. .-::'' "':': '"" ;;~';'""¢-~; '":';'"' What is the size of the area concerned ·~] .. . .......'.. _- :.-....- .-; ?...:..... ;~,, ._ . :.., . ...~'-.'.,.;.~ ..... ~... in this Petit~on~ 6~ve size of lots, ~..¢, .~ blocks, or'acreage, 91.68 Acres ~ ~¢~:'~ ~' ?¢,~. 2 .~ ;=~:.~ ~ ~ ~t:,~ ~ - e4 7~ 4:~? ~' ~.;'~.' ~ · :,--~--~-.:--.~-... .... .'..-'--.'~.;--¢~'.-, -'..~-~-.~.-;,~ .. ~ive the specific planned use for the entire area. None at present (a retail .~,];,-.~.': .. ..... .' . ~.:...:.:..~.:..:.:].,..:~:~<~;?~.. corridor is th purpose of the chan~e) ." '?;.;:[-: :. [: -~-:.?' '.:,"'.'".~(;~(?:?;;~,:~:::;'7~i J. ~hOW s,ze and type of each building ' ~"%-?:"-'--:'-.;. ~'-,"~.;:'..?'3%':~?,~5~];'~¢:? None planned at present ' * ./5~-:"5 ~.~..¢..~ .2:~.:-~...~:~' ( :-%:;:~.v~L~.~;4.;:::~. ~ '-. . . .,~.¢k-~;,~.-~.4', >~:;,.-.l;=-~-q?,¢~}4:-r<;;~,~Zz~::~,~;~ '- Give type or occupancy for each ~ ~ff-c~.~:~ ~::~-~. ~L.~ :: ~ ~,~]C~ ~<~ bu i I d i n g Unknown ~~,~¢~;~:~;~t~;~F;,~~ provided. As requ~re~' .;&4~¢-~,:~.,~2:.~.?,%E..'T.~,.? ;:~;'%~;~2~?,~.-~,- . Maxzmum anticipated number ofD,arked 10. What is the present City, SchOol, and County Tax valuation on each lot, if platted, or t~act, if not platted? Unknown Why cannot this propose~d business cated in a similar existing zoned area? _..Change is to create a ,retail zone as a corridor and a buffe!r alon9 SW 3rd. -- W-~h-en will construction begin? Unknow If no off-street parking is to be provide what other facilities will be provided? As r.equired bs code THE FOLLOWING QUESTIONS MUST BE ANSWERED BEFORE THIS PETITION CAN BE CONSIDERED Actual East Line Sur. 32~ JK-2 ~ Sur: 41, JK-2--~ t.t]' ot ffoa(~ ~ 450' q ~ 2-066 AC. - 450' DONNIE LEE L ~ ;OAc. v. 7~4- i VLB. V. 714 - J.B. JA( KSO i0 AC. V. 714 - .- 253 o' N.1 °18' 42"W ~ FRANKLIN D. EBELING 20 AC. V. 71, - P- 267 I I I 4 0, I1 .... ~DIN ~ ',~ ~ o "~S. 1'18~42"E- Ii'ne of 208 Ac-~ 500~ ~1 I · Called E. line of Sur. 32 "As held on the ground" W. 3317.87' W- 3117.87' I ---%/. 2651.18' 0 W- 2184-49' 0 '"-~1 · 2009-67' Z -< W. 1542.97' - 'J. 1482-97' ITl X W. I016.2'~' ~') ----W. 82.88' -- --'~0-1 NCY ' STREET hi NORTHEAST PART OF SURVEY HALE COUNTY, TEXAS 29, BLOCK JK-2, Comb i ned Tote I 2 56 4.6 t E W O6"'~'>.-Y ' Co~' ' 5~r · ' ,~o 1 1.56 AC'. R/W V 700 ob ~ "* ' .. ~: ': · - p. 509 ~ ,~-o.~75~c.* ~o.,,~c.: \. 4.412 Ac. Additional R/W m ~ ~1008,88' E - W / /:CGI~' V. 634, P. 107 . 10~9.0~, E - W ~ Combl'ned Total 2549. 74' ~ , ~ J (FI HELVIN GREOG 0.693 Ac. (Remalning) Vol, 321 - P.~335 (G) ROY GREGG 0,894 Ac. (Remaining) Vol. 697 - Po 731 / (H) JOSEPH GALE SMITH 6.75 Ac. (5.181 Remaining) Combl ~ Vol. 696 - P. 257 ~ ned Total Survey 29 29.395 ACRES (J) NElL THOFPSON 1,~7} Ac. (Ultimate Racquetball Courts) Vol. 704 - P. 327 ~ 466.6' I 600' -- -- Scale 1" : 400' NORTHWEST PART OF SURVEY BLOCK JK-2 HALE COUNTY NO. 32 TEXAS ~vecb,..~°"-~,. I,,z, ~ Combined Total 5425- 4' 0'~ sur- '~'~' ~.~ I1'/.~ N.~' E. ,~--~' ~ 4~0.~' '~ 4Z0' ~ 860.Z' ,.a~"44'W. 50~ ~ 1.725 ~c. &ddlglonal ~S.88~56,W. .c~ R/W Deed V. 701~. 757 ,I N. 88 °56 'E. 1982.59 ~.,,,'o ~,,~ Combined Total 5427.27'^~'~bx'v'"~°' ~o Got. 20B Ac- Trac~ Scale 1" = 400~ ZONE CASE NO. 548: Request of Mike McDonough, Director of Municipal Services on behalf of the City of Plainview for rezoning of 91.68 acres of land from R-1 (Single' Family Residential) and A-O (Agricultural-Open Space) Zoning Districts to a C.R.D. ('Commercial Retail) Zoning District and described in two parts as follows: Part 1: Being that part of Survey No. 32, "as held on the ground", the east portion of which is actually out of Survey No. 41, Block JK-2, Hale County, Texas, lying within 500 feet of the north line of said Surveys No. 32 and 41: BEGINNING at 5/8 inch steel rod for the northwest corner of Survey No. 32, Block JK'2, Hale County, Texas, said corner being the intersection of South Ennis Street and Southwest 3rd Street; Thence N.88°56'E., at 5299.57 feet pass the actual northeast corner of said Survey No. 32 and the northwest corner of said Survey No. 41, in all, 5425.4 feet to a 5/8 inch steel rod for the northeast corner of a 208 acre tract and the northwest corner of the Hale County Airport original tract, said rod being called the northeast corner of Survey No. 32, Block JK-2, Hale County, Texas "as held on the ground", and being at a "T" intersection of public roads to the South and to the East and West (Southwest 3rd Street); Thence S.l°18'42"E. 500 feet along the east line of said 208 acres tract to a point; Thence S.88°56'W. 5427.27 feet along a line parallel and 500 feet South of the north line of said Survey No. 41 to a point in the west line of said Survey No. 32 (South Ennis Street); Thence N.l°05'50"W. 500 feet along the west line of said survey and the centerline of said street to the POINT OF BEGINNING and containing 62.285 acres, of which 1.454 acres in Survey No. 41 and 60.831 acres are in Survey No~ 32. Part 2: Being that part of Survey No. 29, Block JK-2, Hale County, Texas, which is within 500 feet of the north line of said survey and East of a curve 150 feet East of the master centerline of Interstate Highway No. 27: BEGINNING at the northeast corner of Survey No. 29, Block JK-2, Hale County, Texas said corner being in the intersection of Southwest 3rd Street and South Ennis Street; Thence West 2564.6 feet along the north line of said survey to a point in the east right of way line of Interstate Highway No. 27;' Thence along the east right of way line of said highway around a curve to the left having a central angle of 5°08'18'', a radius of 5579.5776 feet, an arc length of 500.39 feet and a chord that bears S.l°42'10"E.500.22 feet to a point; Thence East 2549.74 feet along a line parallel and 500 feet South of the north line of said survey to a point in the east line of said survey; Thence North 500 feet along the east line of said survey to the POINT OF BEGINNING and containing 29.395 acres. And being a total of 91.68 acres of land located on the South side of' Southwest Third Street between Quincy Street and Interstate Highway No. 27, being the 1800 through the 3900 Blocks of Southwest Third Streets. CHECK SHEET FOR ZONING CASES ZONE CASE NO. 548 There must be compelling reasons for any zoning amendment which are substantially related to the public welfare and necessity~ It is not sufficient that all applicant for an amend- ment to the Zoning Ordinance merely show that there is no neighborhood objection to a re- quest amendment; nor is it sufficient that an applicant show that the amendment would en- able him to gain a greater profit or income from his property. Every zoning amendment should be analyzed with regard to tile following: A. COMPREHENSIVENESS: 1. Is change contrary to established land use pattern? No 2. Nould change create an isolated district unrelated to similar districts, i.e., is this "spot Zoning"? Would change alter the population density pattern and thereby increase the load on public facilities (schools, sewers, or streets)? Are present district boundaries illogically drawn in relation to existing conditions? CHANGED CONDITIONS: No : Create~ Commercial Corridor Yes - But only as much as commerc' uses would Yes - SW 3rd is A-O and that zonin! is not suitable for development 1. Have the basic land use conditions been changed? 2. Has development of area been contrary to exist- ing regulations? C. PUBLIC WELFARE: · i- 1. Will change adversely influence living conditions in the neighborhood? 2. Will chang~ create-or excessively increase traffic congestion? 3. Will change seriously reduce the light and air to adjacent area? 4. Will change adversely affect property values in adjacent area? 5. Will change be a deterrent to the improvement or development of adjacent area? 6. Will change constitute a grant of a special privilege to an individual as contrasted to the general welfare? Yes from Ag. use to future development No - Only recently annexed No - Will control development No Will aid control of traffic development No No - Along with the 'street it shoul enhance values No - Should aid development No D. REASOf~ABLENESS: 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? 3. Is it impossible to find adequate sites for the proposed use in district permitting such use? Yes - A-O Does not encourage development No - It is in line with the planne( developing needs of the city No Zone Case No. 54~8 Mailing List SURVEY 32 Out of NE/PT Actually out of Sec. 41, 1.00 ac. Out of E/PT of NE/PT 3.472 ac. Out of NE/4, 19.00 ac. Out of NW PT, 10.00 ac. Out of NE PT, 10.00 ac. Out of N/PT of NE/PT, 3.746 ac. Out of NE/C of NE PT, 10.00 ac. Out of N/2, 10.00 ac. Out of NE/PT, 1.00 ac. Out of NW/C of E/PT of N/2, 2.50 ac. - also out of NW/C E/PT of N/2, 5.00 ac. W 3/8 of N/2, 118.27 ac. Raymond Gilder Box 6368 Lubbock, Texas 79401 Bobby Bouldin 1809 West 12th Plainview, Texas 79072 Franklin D. Ebeling P. O. Drawer 369 Plainview, Texas 79073 J. B. Jackson 204 Amarillo Plainview, Texas 79072'- Lloyd Ross Mitchell 3405 W. 25th Plainview, Texas 79072 Bobby Boulding 1809 West 12th Plainvlew, Texas 79072 Dannie Lee Laymon 2408 W. 13th Plainview, Texas 79072 Kenneth L. Critchfield 2508 W. llth Plainview, Texas David C. Denman P. O. Box 133 B Plainview, Texas 79072 79072 Jackie M. Harris P. O. Box 1626 Plainview, Texas 79073 Nolen R. Oldfield 2800 SW 3rd Plainvlew, Texas 79072 JK-2 Survey 29 · 693 ac. Out of NE/C, .895 ac. 630 x 466.6 out NE/C 4.747 ac. Out of NE/4, 1.573 ac. Out of NE Part, 29.41 ac. Out of NE Part, 157.974 ac. Sec 33 SE/4, 144.464 Municipal Golf Course JK-2 Sec 40 Out of SW/4, 121.094 ac. JK-2 Sec 28 On S line of SE/4, 7.38 ac. 10.0 Zone Case No. 548 Mailing List Page 2 Melvin Gregg Rt. 1 Plainview, Texas 79072 Roy Gregg 2503 Hoyle Plainview, Texas 79072 Joseph Gale Smith 6509 Oxford Ave. Lubbock, Texas 79401 Neal Thompson P. O. Box 7603 Amarillo, Texas 79100 Frank & Max Gabriel 1701 West 5th Plainview, Texas 79072 Ralph A. Nafzger 102 S. Juanita Plainview, Texas City of Plainview 79072 Bryan Equipment P. O. Box 398 Plainview, Texas 79073 Ridgecrest Development P. O. Box 1501 Plainview, Texas 79073 Calvary Temple Church 101 S. 1-27 Plainview, Texas 79072 RIDGECREST UNIT 1 Lots 4 & 5 Zone Case No. 548 Mailing List Page 3 Central Plains Savings P. O. Box 160 Plainview, Texas 79073 S20'-8, Lot 9 tess SE/10' RIDGECREST UNIT 1 SE 10'-9, Lot 10 Lot 11, SE10'-12 N93'-12, S20'-13 Lot 19 Lot 20 Lot 21, SE10'-22 Lot 22 - Ex - SE10' Ralph Chilton P. O. Box 1853 Plainview, Texas 79073 Richard N.Watson 209 S. Floydada Plainview, Texas 79073 Joe Don Martin 208 S. Floydada Plainview, Texas 79072 Mary Rosalie Freeman 206 S. Floydada Plainview, Texas 79072 Richard Pirkle P. O. Box 1212 Plainview, Texas 79073 Robert O. Deisher 2812 W 18th Plainview, Texas 79072 Robert E. Parker 208 S. Garland Plalnvlew, Texas 79072 David D. Wiggs 206 S. Garland Plalnvlew, Texas 79072 RID~ECRES~_ UNIT 2 Lots 29-30 Lot 31 Lot 32 & 33 Track A of S20'-38, Lot 39-40 + Und 1/5 Int Track B of S20'-38, Lots 39-40 + Und 1/5 Int Track C of S20,-38, Lots 39-40 + Und 1/5 Int Track D of S20'-38 Lots 39-40 + Und 1/5 Int ' Track E of S20'-38, Lots 39'-40 + Und 1/5 Int Track F of S20'-43,' Lots 41-42 + Und 1/5 Int Track G of' S20'-43, Lots 41-42 + Und 1/5 Int Track H of S20'-43, Lots 41-42 + Und 1/5 Int Track j of S20'-42, Lots 41-42 + Und 1/5 Int Track K of S20'-43, Lots 41-42 + Und 1/5 Int Zone Case No. 548 Mailing List Page 4 Ridgecrest Development P. O. Box 1501 Plainview, Texas 79073 First National Bank of Plainview P. O. Box 580 Plainview, Texas 79073 Ridgcrest Development P. O. Box 1501 Plainview, Texas 79073 Wayne Moore 207 S Itasca Rd. Plainview, Texas 79072 Norma Jean Loewen 209 S Itasca Rd. Plainview, Texas 79072 Dwain Dodson 211 S Itasca Rd. Plainview, Texas 79072 Tony Martin 213 S Itasca Rd. Plainview, Texas 79072 Johnny H. Serrano 215 S Itasca Plainview, Texas 79072 Rex Caldwell 214 S Itasca Plainview, Texas 79072 Harold D. McCullar 212 S Itasca Plainview, Texas 79072 Kevin Ashley Thompson 210 S Itasca Plainview, Texas 79072 Richard E. West 2703 W 24th Plainview, Texas 79072 Karl A. Langford 206 S Itasca Rd. Plainview, Tex~s 79072