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Home My WebLink AboutR87-238052 RESOLUTION NO. R87-238 u Icrpax, SE {}C I __ T __AU aORIZIN O7 ~ xu FXLE A PETITION FOR DI~CTOR FRO~ R-1 (SINGLE-F~ILy ~SIDE ~ONING O~D ~NG U.S. HIG~AY NO. ) ONING DIST~ BY 87 BUSI~Ss ROUTE S ~ ~E ~Y AIRART ~ ..... OUTH ~ =OU~y AGRIC~TU~L CE~ER.~ WHEREAS, the property currently in the City limits which is owned or operated by the Hale County Airport is zoned R-1 (Single-Family Residential) and the Hale County Ag Center is also zoned R-1 (Single-Family Residential); and WHEP~EAS, the airport properties which are in the City limits have been used for many years for such temporary commercial activities such as farm implement auctions clrcus,s carnivals and similar activities; and · ' , WHEREAS, although the Hale County Ag Center is a non-conforming use, the activities conducted at the facility are better suited for a commercial zone than the R-1 (Single-Family ResidenTial) zone where it is located; and WHEREAS, the Planning Staff has been requested in the look at the appropriate zonin fo · a the properties ~ ~ ~_ .g r this area a _ ~ p st to .... · = n~rpor~ and the Hal~ ~--~ h~s ~ecommended that which are in the City limits would be better suited as a commercial ~ ~uun~y Agricultural Center zones such as the C.G.B. (Commercial General Business) zoning district as are a majority of the properties in the area; and WHEREAS, before the properties in question may be considered for rezoning a series of public hearings must be conducted. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the City of Plainview, Texas, that the Director of Municipal Services, for the City of Plainview, Texas is hereby authorized to serve as the agent and file a petition for rezoning of the properties located and controlled by the Hale County Airport which are within the City limits and the Hale County Agricultural Center and located in the 900 through 2000 Blocks of South Highway 87 Business Route and said petition calling for rezoning from R-1 (Single-Family Residential) to C.G.B. (Commercial General Business). 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. ' ~City kecretary / / SO{JTH~T ~,..-,-N.Tt.i · -"" 25- C,"'~'-'~ 0 ~.~ f'D C_., 0 0 -.-~, -'~ (~ 0 '-~c) o ¢'~ ~-- 0 0-1 f'D "~ ,~.~o=~ O~ ~ ~ ~0 ~0. ~.~ / / / / / ,/ / / / / / / / \\ PETITION FOR REZONING CITY OF PLAINVIEW, TEXAS )ATE 4-16-87 :iT¥ OF PLANNING AND ZONING COFIHISSIDN ~. O. BOX !~?O ~LAINVIEW, TEXAS 79072 ~entlemen: request the rezoning of Lots 87 ZONE FILING FEE PAID !9 Receipt No. ' ~ Advertised Date: PLANNING & ZONING BOARD ACTION~ APPROVED: DATE REJECTED: DATE OTHER COUNCIL ACTION: APPROVED 1ST READING: APPROVED 2ND READING: OTHER: DATE DATE blocks, or'acreage. 46.855 a?es entire area. None~ned Unknown proviaea. AS~ode 'v THE FOLLOWING LU~STIONSMUST BE ANSWERED BEFORE THIS PETITION CAN BE CONSIDERED What is the size of the area concerned in this petition? Give size of lots, 7. If no off-street parking is to be provide( what other facilities will be As required - provided? 8. ~roposel unange for pla~ing~Jr~sgesZOned area? 9. When Wj~ COnStruC~inn h Unknown .... ~-'u~eg~n? -- -- 10. County Tax valuation on each 1 platted, or t~act ~ .... ot. if ...... ' ' ""uc platted? 11. Are current taxes paid on this? vehicle at any one time. Unknown I HEREBY ~.:,~l{'r, AS '"- -'--'-- -- ink OWNER OR BONA FIDE REPRE. SENTATiVI FOREGOING DESCRIPTIONS AND ST BEL1EF AND ATE"ENTS A T~7 I WILL PAY ALL COSTS I RE ?RUE AN~ CORRECT TO THE F~R-~-OWNERS' T~T THE ~,:~ NCURRED IN ADVERTISING FOR AB~J,u~ MY KNOWLEDGE AND P~-~ IC HEARINu. ":':::':',-'--'~ ;':'~":"'"' TATE OF TEXAS ~ 3UNTY OF HALE FHUNE~ : "' J;'J:~-:r "'"-'- .... BEFORE ME. the undersigned, "k:/'""~' ' '"- '" :'"'?:'~"']':- lrpose)rS°nalthere]n {y appeared~ ~,,,,un,a notary and public in and for said county and state, on this day .>~.~.-¢ ~ ~-:-.. ~ -..:.-.:. "~ ~bscribed to the f~~r,t ........ · ~n~n to me : ...... ? .... .... '-' expres_ed.~ ac~ow~edged to me that ~,7~:~. ~~.~- ~ ~]~" ~-' ~L, he executed ~:L~:?~z_~.:L:~S~-~'-~,~ the same for the ~ ;~;~? ;-:"S';'~ :' ' :";: '% ~19:-; :-:' ?:S?;;;S"S~.~--~: .... ...-~.:. -..__;..-~.~;,:c~ ~ ,~~amount ' of money set by the City Council to be ~' - .. --.'~-' i~]F~-~--]-'=-~n the amount of $420 O0 )s fi{ed with this a-p'~cationP m '~.--' .-- ': . ~ '..A - -. · sufficient to mail and pub)lsh al] notices ~.~~ - . .-~-... ,~-.~ :., - r i .... ZONE CASE NO. 549: Request of Mike McDonough, Director of Municipal Services, on behalf of the City of Plainview for rezoning of four tracts of land totaling 46.855 acres out of Survey No~ 41, Block JK-2, Survey No. 42, Block JK-2, and the J.M. Pressler Homestead Survey from R-1 (Single-Family Residential) Zoning District to a C.G.B. (Commercial General Business) Zoning District and described as follows: TRACT 1: Being a 22.73 acre tract out of the east part of Survey No. 41, Block JK-2 and the J.M. Pressler Homestead Survey, Hale County, Texas: BEGINNING at a 5/8 inch steel rod found for the southwest corner of Lot 14, Block 1, SUBDIVISION OF REESE PROPERTY LOCATED ON J.M. PRESSLER HOMESTEAD SURVEY, HALE COUNTY, TEXAS; Thence along the corporate limits of the City of Plainview, (Ordinance No. 72-1286) as follows: West 165.8 fee=; S.50o43,05,,W. 980.6 feet; N'39°16'55"W. 165 feet; S.50o43,05,,W. 550 feet; S-39°16'55"E. 100 feet; N.50"43'05,,E. 150 feet; S-39~16'55"E. 320 feet; N.50~43,05,,E. 240 feet; S.79"43'E. 987.4 feet to a point in the west right of way line of Loop No. 445; Thence N.20o06,31,,E. 96.31 feet (calculated) along said right of way line (parallel and 101 feet Westerly of the centerline of the south bound lane) to the southeast corner of the State of Texas D.P.S. tract; Thence alon~' the.-~out~, _west, and north lines -of said D.P.S. tract as follows:.~ _ . ...... N-79°09'07"W. 170 feet; N.10"50'53"E. 223.7 feet; S'89~25'07"E. '30 feet to a corner of a 1.349 acre tract; Thence along the west, south, west and north lines of said 1 349 acres tract as follows: . N-0~33'53"E. 15 feet; N.89o25,07,,W. 30 feet; N'0~33'53"E. 235 feet; S.89o25,07,,E. 261.5 feet to a point in the west right of way line of said Loop 445; Thence Northeasterly an arc length of 487.53 feet along the west right of way line of said loop around a curve to the left having a radius of 2724.93 feet and a chord bearing N.5o09,24,,E. 486 88 feet to a point of tangency; . 37 Thence N-0°02'33''E' 22.04 feet continuing along said right of way line to a point in the south line of said Lot 14; Thence S-89°52'53"W' 300.3 feet along the south line of said lot 14 to the POINT OF BEGINNING and containing 22.73 acres. TRACT 2: A 3.48 acres tract out of the J.M. Pressler Homestead Survey, Hale County, Texas: BEGINNING at a point 1,768.6 feet N.0°33'E' and 149.78 feet east of the S.E. corner of Section 41, Block JK-2, Hale county, Texas; Thence East, 357.00 feet to a point in the west right-of-way line of U.S. Highway No. 87; Thence N.0°10'W', 649.62 feet to a point; Thence S.89~50'W'' 109.27 feet to a point; Thence S-20~49'w'' 694.61 feet to the place of beginning and containing 3.48 acres. TRACT 3: Being approximately 8.18 acres' out of the southeast part of Survey No. 41, Block JK-2, Hale County, Texas: BEGINNING at the southeast corner of Survey No. 41, Block JK-2, Hale county, Texas; Thence S.88~37'W' 517.1'feet along the south line of said survey to the intersection of the east right of way line of Loop No. 445; Thence N-20"49'E' 1481.1 feet along said right of way line to the intersection of' the east line of said survey; Thence S-0°17'W' 1373.1 feet along the east line of said survey to the POINT OF BEGINNING and containing approximately 8.18 acres. TRACT 4: A tract out of the Northeast part of the Northeast Quarter of section No. 42, Block JK-2, Hale county, Texas: BEGINNING at a 3/4 inch rod in the North line and 1531.7 ft. East of the NW corner of the NE 1/4 of Section No. 42, Block JK-2, Hale County, Texas, said point being the East right-of-way line of proposed Highway No. 87; Thence S-22°08'30'' W. along said proposed right-of-way a distance of 522.5 ft. to a 1-inch pipe set 50 feet from center of railroad spur line; Thence Southeasterly around a curve to the right and 50 ft. from said railroad, approximately 430 ft. to a 1-inch pipe. The chord of this curve bears S.16o03,E. 413.3 feet; Thence South 85o31,E. a distance of 122.3 ft. to a steel rod in North right-of-way of highway;. Thence North 48o49,E. 694.4 ft. along highway right-of-way to a 1 1/4 inch pipe; Thence along highway right-of-way around a curve to the left and having a radius of 1840 ft., a disuance of 520.8 ft. to a 1 1/4 inch pipe in the West line of highway; Thence North 89o46,30,,W. along North line of said Section No. 42, a distance of 855 feet to the place of beginning, containing 12.465 acres; And being a total of 46.855 acres of land and located in the 900 through 2000 Blocks of South Highway 87 Business Route. WEST~ILLC~TADDITIO~, Block 11 W40'-20, Lot 21 Block 12 Lot 4-16 Lot 17 Block 13 Zone Case No. 549 Mailing List Geoffrey Wheeler 224 W Crestway Plainview, Texas 79702 Plainview ISD P. O. Box 1540 Plainview, Texas J. B. Bratcher 225 W Crestway Plainview, Texas 79072 79072 Block 16 Lots 4 & 5 Lot 6 Lot 7, N/2-8 S/2-8, N40'-9 S10'-9, Lots 10-11 Lots 12-14 Plainview ISD P. O. Box 1540 Plainview, Texas 79072 Doanld G. Wellendorf 301 NW Alpine Plainview, Texas 79072 Myrtle E. Ritch 302 W Alpine Plainview, Texas 79072 Ernie Miller 304 W Alpine Plainview, Texas 79072 B. H. Browne 306 NW Alpine Plainview, Texas 79072 Mrs. R. C. Rousey 308 W Alpine Plainview, Texas 79072 Albert Monroe 312 SW Alpine Plainview, Texas 79072 Zone Case No. 549 Mailing List Page 2 WEST_MT~LC~RST ADDITION Lot 15 Lots 16-17 Plainview ISD p. O. Box 1540 Plainview, Texas Plainview ISD p. O. Box 1540 Plainview, Texas 79072 79072 EOFF-GREF~q ADDITION Block ~ Lots 9-20 McDonald Trading Post 1401 S Columbia Plainview, Texas 79072 Block ~ Lots 15-24 Robert E. McDonald 900 S Broadway Plainview, Texas 79072 J. M. PRESSLER HOMESTEAD SURVEY 34.39 acres out of J.M. Pressler Homestead &Blocks JK-2 Sec. 41 0.957 acres i N 1 ac of S 11 ac 2 ac E of Sec 41, JK-2, S 2 ac of orig 9 ac 1 E of Sec 41, JK-2 being of orig 9 ac Hale county Airport % J. B. Roberts 1407 W. 5th Plainview, Texas 79072 Texas Dept. of Public Safety 1108 US Hwy 87 ~lainview, Texas 79072 McDonald Trading Post 1401 S Columbia Plainview, Texas 79072 McDonald Trading Post 1401 S Columbia Plainview, Texas 79072 McDonald Trading Post 1401 S Columbia Plainview, Texas 79072 J. M. PRESSLRR HOMESTEAD SURVEY 5. 314 ac 1.349 ac beg 1710.7' S of Reese & Hwy 87 PRESSLER ADDITION _Block Lot 1 JK-2 SECTION 47 12.65 ac REESE SUBDIVISION Block 1 S300 '-14 N78.55'-14 N100' of S400'-14 Zone Case No. 549 Mailing List Page 3 McDonald Trading Post 1401 S Columbia Plainview, Texas 79072 First Baptist Church P. O. Box 1180 Plainview, Texas 79072 County Jail % Bill Hollars County Courthouse Plainview, Texas 79072 Hale County Ag Barn % Bill Hollars County Courthouse Plainview, Texas 79072 Hale County Farm Bureau 808 S Columbia Plainview, Texas 79072 Mrs. W. H. Reese Estate % H. D. Reese 119 E 20th Plainview, Texas Willis Winters 1411 W llth Plainview, Texas 79072 79072 CHECK SHEET FOR ZONING CASES ZONE CASE NOw 5~9 ._ There must be compelling reasons for any zoning amendment which are substantially related to the public welfare and necessity. It is not sufficient that an 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 ti~e amendment would en- able him to gain a greater profit or income from his property. Every zoning amendment should be analyzed with regard to the following: COMPREHENSIVENESS: 1. Is change contrary to established land use pattern? No - This is the pattern 2. Would change create an .isolated district unrelated to similar districts, i.e., is this "spot Zoning"? No - Will co'nform to the area 3. Would change alter the population density pattern and thereby increase the load on public facilities (schools, sewers, or streets)? No ~.. Are present district boundaries illogically drawn Yes - Airport area is not .---~i in relation to existing conditions? --residentia~ in nature CHANGED CONDITIONS: 1. Have the basic land use conditions been changed? 2. Has development of area been contrary to exist- ing regulations? No - Conditions are the same -_ Area Zoning has changed No Development followed ~oning changes Ct PUBLIC WELFARE: 1. Will change adveFsely influence living conditions in the neighborhood? 2. Will change create, or excessively increase traffic congestion?. 3. W~ll change seriously reduce the light and air to adjacent area? 4. W~ll 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? No - No Anticipated changes forsee No - See C-1 N O -- II NO " " No - " " NO - " ,I REASONABLEHESS: 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 - See A-4 No - Uses planned for the presort'