HomeMy WebLinkAbout86-2647o~--~
ORDINANCE NO. 86-2547
AN ORDINANCE AMENDING ZONING ORDINANCE NO: 82-2478 AND THE
OFFICIAL ZONING MAP OF°THE CITY OF PLAINVIEW SO AS TO MAKE THE
FOLLOWING CHANGES:
ZONE CASE NO. 531:
Request of the. City of Plainview: for rezoning of several lots. from
R-1 (Single. Family Residential) Zoning District to a MF-2 (Multiple
Family Residential} Zoning District, said lots being described as
.follows:
Lots ,2-9 , Block 4 ; Lots 2-17 , Block 5 ; Lots 3-12 Block 7 ; Lots
1-18, Block 8; Lots 1-18, Block 9; and Lots 1-2 except highway, and
Lots 3-17, Block l0, Allbrick Addition, Plainview, Hale County,
Texas and located on Twenty-Eighth, Twenty-Nineth, Thirtieth, and
Thirty-First Streets east of North Ennis Street.
WHEREAS,_the proposed change. in Zoning Districts as hereinafter made
has been duly presented to the Planning and Zoning Commission far
its recommendation 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 for a valid
amendment to the Zoning Ordinance and Map, have been fully complied
with, as well as giving notices provided by Article 1011F Vernon's
Annotated Civil .Statutes. - Amended, 1953, and- notice was duly
published in-the Plainview Daily Herald more than fifteen (15} days
prior to tYe'date of .the Public Hearing according to said notice was
duly held in the City- Council 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 ~aould.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 ORDAINED BY THE CITY 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. 531:
Lots 2-9, Block 4; Lots 2-17, Block 5; Lots 3-12, Block 7; Lots
;:, 1-18, Block 8; Lots,1-18, Block 9; and Lots 1-2 except highway, and
`,~ Lots 3-17, Block 10, Allbrck .Addition, Plainview, Hale County,
Texas and located on Twenty.-.Eighth, Twenty-Nineth, Thirtieth, and
Thirty-First Streets east of North Ennis Street..
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City of Plainview, Hale'County Texas,. from an R-1 {Single Famil y,;
Residential) to a MF-2 (Multiple Family Residential) Zoning
District. From the date of this-:Ordinance, said lot, tract and
parcel of and described shall be and :hereby. be changed to the
Zoning District indicated and the official Map- is amended in
accordance herewith.
SECTION 2. :Upon passage of this Ordinance on first 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 noticethat a
public hearing shall be. held in the.. Council Chamber of the City Ha 1,
in Plainview, Texas., at 7z30 o'clock P.M., on..the 11th day-of March.,
1986, 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,(1S) days prior to the time.-designated for
such public hearing.
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PASSED on first -reading this, the 11th day of March, '1986.
A notice of time and place where and when said Ordinance would 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
, the .same. beingmore-
publication being on the 9th:.. day of 'March, 1986
_
than fifteen (15) days prior to the time designated `for said
hearing. After such opportunity for the public to be heard, said.
Ordinance was passed. on second anal final reading.
PASSED on second and final .reading: this, the 25th. day of March,
...1986.
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E.V. RIDLEHUBER, Mayor
ATTEST:
SHERYL OWEN, Interim City Clerk
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ZOPJE CASE NO., 531
CHECK SHEET FOR ZONING CASES
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 ou,jection 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 the folloa~ing:
A. COP-IPREHEPJSIVENESS:
1. Is change contrary to established land use pattern? No
2 Would chan
r
t
a
. ge c
ea
e
n isolated district unrelated
to similar districts, i.e., is this "spot Zoning"? No
3: Would-change alter the population density. pattern
and.. thereby. increase thelead on public facilities -
? (schoois, sewers, or streets)?
Are present distric boundaries illogically drawn Could (Unknown at this time)
in relation to existing conditions? No
^6< CHAPJGED CONOITLONS:
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1. Have: the basic land use`conditions.been changed? No_(Needs .
have changed)
2., Has development. of area. been contrary to exist- .
ng regulations? ~ No
r. PUBLIC WELFARE:
1. 4Ji11:change adversely influence living conditions
in the. neighborhood? No _
2. Wi11 change create or excessively increase
traffic congestion? Unknown (could)
3. Wi11 change seriously reduce the..light and airto
adjacent area? No
4: Will change adversely affect property values in
5. adjacent area?
Wi1i changebe a deterrent to the improvement or No (Might increase values
wit e
development of adjacent area? ve opmen
No
6. Will change constitute a grant of a special
privilege to an individual as contrasted to the
- general welfare? No
D. REASOh~A~LEP;ESS:
7, Are there substantial reasons why the property
2 cannot be used in accord with existing zoning?
I
h Yes -Single Family which has
,
- s .t
e .change requested out of scale Frith the
needs of the neighborhood- or the Cit
? gone un eve:, ape or several yrs
N
3. y
Is it impossible to find adequate sites for the o
proposed use in district permitting such. use? Yes
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F.llbrick Ad....it'
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• ry ._
Block 4, Lo..s 2-9 ~ ~
• Block 5, Lots 2-17
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Block'7,'Lots 3-12
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Block 8 Lats 1 18
Block 9. Lots 1-18
Block 1Q, Lots 1-2 ex. hwy. 3-17
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Located. at 28th - 31st East of Ennis
..
CITY OF PLAINVIEtJ
ZONING REPLY'FORM
IF FOR ANY REASON YOU FEEL THAT YOU WILL BE-UNABLE TO ATTEND THE
PUBLIC HEARING ADVERTISED, BY THIS NOTICE, AND YfT YOU DESIRE TO
PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY
COMPLETE THIS .FORM AND RETURN IT TO THE SECRETARY OF THE PLANNING
AND ZONING COMMISSION., P.O. BOX 1870., PLAINVIEI~, TEXAS, 79072.
RF_PLy
I am in FAVOR AF ( ) , OPPOSED TO (xx ) , the change of zone requested
by ZONE CASE N0. 53i My reasons and/or comments are as foi~ows:
This tynP ~f 3nnin~__~h~n~P r~~~SPC ma rnnrPrn hPrai~cA°Multinla Fap~y
BPSi~iPntal"rnn ~~rPC im ~risinnc
a .,_ Qf the Date Street Prole is and th
Central Apartments, 910 West 28th St If there could be some ontrol
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over the type of multiple family residences-that could be built I would
be_more in favor of the change I not only fear the devaluation of my
-property but also the security problems associated with being in proximity
_to government housing proiects I would be in favor of change if nice
apartment complexes, duplexes, townhouses etc, could be constructed
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Signatu
Larry Keitz
2902 UJ. 30-th ~~
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CITY"OF PLAINVIEW
ZONING REPLY FORM
IF FOR ANY REASON YOU FEEL THAT YOU WItL BE UNABLE TO ATTEND THE
PUBLIC HEARING ADVERTISED`BY THIS NQTICE, AND YET YOU'DESIRE TO
PRESENT YOUR SENTIMENTS REGARDLNG THE CASE AFFECTING YOU, YOU MAY
COMPLETE THIS FORM .AND RETURN IT TO THE SECRETARY OF THE PLANNING
AND ZONING COMMISSION, P:0. BOX 1870, PLAINVTIE~~1, TEXAS, 79072.
REPLY ; '~
I am in FAVOR OF` (~" ), OPPOSED Tff (` i^}, the change of zone requested
by ZONE CASE N0. - 531 My reasons and/or comments are as follows:
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_ CITY OF PLAiNVIEW -
-- _ ~. - ZONING REPLY FORM
IF FOR ANY REASON YOU FEEL THAT YOU WILL BE UNABLE TO ATTEND THE
PUBLIC HEARING ADVERTISED BY THIS NOTLCE, AND YET YOU DESIRE TO -
.
PRESENT YOUR SENTIMENTS. REGARDING THE CASE AFFECTING "
YOU, YOU N1AY .
COMPLETE TN TS FORM AND RETURN IT TO THE SECRETARY~OF THE PLANNING
_ AND ZONING COMMISSION., P.0. BOX 1870, PLAINViEW
TEXA S, J9072
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REPLY
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I am in FAVOR OF (V ~, OPPOSED TO (
.), the change of zone requested
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by ZONE _CASE NO.~ 531 ~. My reasons and/or comments are as follows: ~;~:~ 4.
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CITY OF PLAINVIEIJ
ZONING REPLY FORM
IF FOR ANY REASON'YOU F EEL THAT YOU WILL BE UNABLE TO ATTENO THE
PUBLIC HEARING ADVERTIS ED BY THIS NOTICE, AND YET YOU D€SIRE TO
PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY
COMPLETE THIS FORM'AND RETURN IT TO THE SECRETARY QF THE PLANNING
AND'ZONING COMMISSION, P.O..:BOX 1870, PLAINVIEW,:TEXAS, 79072.
RF_PLY
I am in FAVOR OF ( ), OPPOSED TO (xx ), the change-of zone requested
by ZONE CASE. N0. 53:1 -My reasons and/or comments are as follows:
is tyn of nning ~_h~ n~p ra~~`cPC mP rnnrPrn hprauca"Multin
1a Fa01j1~
-R~siciPntial"rnnai,rPC irr, _,T
,~icinn~ of the Date Street Projects and the
Central Apartments, 910 West 28th St.. If there could be some control ;~"°1
over the type of multip le family residences that coind be built I would
be more in favor of the change. I'not only fear the devaluation of my
-property but also the security problems associated with being in proximity
I _to government housing p ro,iects. ~I would be in favor of change if nice
apartment complexes, du plexes, townhouses, etc, could be constructed
I
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Signatu
Larry Keltz
2902 W. 30th
,. ~ -
CITY OF PLAINVIEW
ZONING REPLY FORM
IF FOR ANY REASON YOU FEEL. THAT YOU WILL BE UNABLE TO ATTEND THE
PUBLIC HEARING ADVERTISED BY THIS NOTICE, AND YET YOU DESIRE TO
PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY
COMPLETE THIS FORM AND RETURN IT TO THE SECRETARY OF THE PLANNING
AND ZONING COMMISSION, P.O. BOX 1870, PLAINVIEW, TEXAS, 79072.
A
' REPLY ,.'f
I am in FAVOR OF (~ }, OPPOSED TO { i^}, the. change of zone re uested
by ZONE CASE N0. 531 My reasons and/or comments are as fol9ows:
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fsygnature ~~
CH£C{; SKEET FOR ZONING CASES
ZOfJE CASE NO,: 53I
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 t o the Zoning Ordinance: merely show that there is no neighborhood oujection to a re-
quest amendment; nor is it sufficient that an applicant show that the an~endr~~ent would' en-
abie h im to gain a greater profit or income from'hisproperty.
Every zoning amendment should be analyzed with regard to the following:
A, COh1PREHENSIVENESS:
' 1. Is change contrary to established land use pattern? No
2. Would Chan e create an solat d d'
9 e istrict unrelated
to similar districts, i.e., is this "spot Zoning"? No
3
Would chap e alter. the o ulation den '
g p p sity pattern
.
and. thereby increase the load on public facilities
(schools, sewers, or streets}? Could (Unknown at this .time)
~~ Are present district boundaries: illogically drawn
in relation to existing conditions? No
' B. CHANGED CONDITIONS:
..
1. Have the basic land use conditions been changed? No (Needs have changed)
2. Has development'of area been contrary to exist-
ing regulations? ~ No_
C. PUBLLC WELFARE-
1.
I . .
W11 change adversely influence living conditions
~~ in the neighborhood? No
,
2.
Will change create or excessivelyincrease
traffic congestion? Unknown (could)
3. Will change seriously reduce the light and .air to
`adjacent area? No
4• Wili change. adversely :affect property values in
ad'ac ?
ent area.
J
No Mi ht 'n r
( g i cease vatues
5. Will change be a deterrent to-the improvement or wit eve opmen
development of ad'acent area?
J
No
6. Wi1i change constitute a grant of a special
privilege to an individual as contrasted to .the
general welfare? No
D. REASO~dABLE";ESS:
1. Ar•e there substantial reasons why the property
cannot be used in,accord with existing zoning? Yes -Single Family which ham
2, is the change requested out of .scale vfith the gone un eve ope o.r several~L-,~'r
needs of the neighborhood or'the City? No
3. Is it impossible to find: adequate sites for the
.proposed use in district permittingsuchuse? Yes
~~
~' have published in-the Plainview Daily Herald, a daily newspaper of
\~:~ general circulation in`the City of'Plainview, Texas, a notice that a
public hearing shall be held in the Council Chamber of the City Hall
in Plainview, Texas, at"7:30 o'clQCk P.M., on the 11th day of March,
1986, 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 (15) days prior to the time designated for
such public hearing.
PASSED on first reading this, the 11th day of March, 1986.
A notice of time and place where and-when said Ordinance would 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 9th day of March,. 1986, the samebeingmore
than fifteen (15) days. prior to the time- designated for said
hearing.; After such opportunity for the .public to be heard, said
Ordinance was passed on second and final reading.
PASSED on second and final reading this, the 25th day of March,
1986.
~,
~f
E.V. RIDLEHUBER, Mayor
ATTEST:
SHERYL OWEN, Interim .City Clerk
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