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HomeMy WebLinkAbout86-2670.a ORDINANCE NO. $6-2670 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 82-2478 :AND ..:THE OFFICIAL ZONING MAP OF THE ..:CITY. OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE N0. 53$: Request of Durwood 0. Jones and the Carter Company for rezoning of the North 15 feet of the South 2.5 acres of the West 5 Acres of Block No. 41, Lakeside Addition .from an R-2 (Single-Family Residential) Zoning District to a C.G.B. (.Commercial General Business) Zoning Dis rict and located adjacent to 2301 Portland. WHEREAS, the proposed change in Zoning Districts as hereinafter made has been duly presented to the Planning 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 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 the 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 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1. That Ordinance N0. 82-2478 and the Official Zoning Map be and-the same are hereby amended as follows, to-wit: ZONE CASE NO. 538: North 15 feet of the South 2.5 acres of the West 5 Acres of Block No. 41, Lakeside Addition and located adjacent to 230.1 Portland. Plainview,. Hale County, Texas, from an Residential) Zoning District to a C.G.B. Business) Zoning District. From the date of lot,. tract and parcel of land described shz changed to the Zoning District indicated and. amended in accordance herewith. R-2 (Single-Family (Commercial General this Ordinance, said ill be and hereby be the official .Map is ~~ __ a. 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 notice that a public hearing shall be held in the Council Chamber of the .City.. Hall in Plainview, Texas, at 7:30 o'clock'P.M., on the 28 day. of October, 1986, to permit the public to be heard prior to consideration of this Ordinance for second and final reading, said publication o be made more than fifteen (15.) days prior to the time designated for such public hearing. PASSED on first reading this,•the.l4th,day of October,_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 12th day of October, 1986., the 'same being more than ,fifteen (15) days prior to the time designated for said hearing. After such opportunity for the public to' be heard, said Ordinance was passedon second and final reading.. PASSED on second .and final reading this, the 28th day of October, 1986. ~~, ~ ' E.V. RIDLEHUBER, Mayor ATTEST: SHERYL OWEN, City Secretary ZOfJE CASE NO ~. 53s g. ~_, ~: 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 objection to a re- quest amendment; nor is it sufficient Ghat 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 following: A. COh1PREHENSIVENESS: No - Has been used as nonconforming 1. Is change contrary to established land use pattern? commercial.&.is adjacent to.existin 2. Would change create an iso ated district unrelated commerc~,a areas. to similar districts, i.e., is this "spot Zoning"? No - See No .'1 3. Would change alter the .population density pattern and thereby increase the load on public facilities (schools, sewers, or streets7? No Are present district boundaries illogically drawn in relation to existing conditions? No CHANGED CONDITIONS:. 1. Have the basic"land use conditions been changed? 2. Has development of area been contrary to exist- ing regulations? C. PUBLIC WELFARE: 1. Will change adversely influence living conditions in the neighborhood? 2. 4Ji11 change 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? D. REASO~JABLEF;ESS: 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? No - Property was priviously used as noncon orming u e. 'No - Area was developing commercial prior o.zoning No - Was used as nonconforming previous y. - No No No - No changes in area uses. No - Is developed area. No Yes - Property is Zoned R-1 No No - But others are not adjacent tc ~~ 75 ~ T4.8 bo .. ,. bo - GRII o~ 2 ~ 5 R-1 N - - _ 3 1 4 I~ .- DN ~J G ~- CB ~., ~, 2 ~ ~:.~ Z - - ~ ~--- 1 2 5 i ~ ~~ 3 ~ 4 ~, ~, ~' - v ~- ~- 9 8 7 6 0 cl N ,~L R- 2. . o ~ ~ 2 ~ ., ti ( 5 i ~5 ~ 2 4 _5 ~ N _~ V - L £ 3 - ' ~-- ~`~~ ~ 3 4 taT. no - „ 6o LY © ~fl g a z 6 t. _ 9 a 7 ,~ ~. ~., . i - 8~ su s~~ ,~~ R 2 ~ ~„ c,~~ ~~ ~1~ ~` ba ,• bo o ~ ~3. ~ 4' ti ~ Z ~ 5 s• h~ ~ - 1~ 3 4 I N ~.. ~. I5~ of S. 2.5 ~ICRes of THE \ h 929 8 .~ esr flc Es o~ ~.oc k 8 W 5 R 8 1 4 LAKES3DE ADDITION _AND ~~ ~ 44s 60 e A D.TA C E N T To 23 O I Po RT LA N D ;!" LAKESIDE ADDITION Block 41 S/2~ acres of W 5 ac ex N 15' Southwestern Grain, Inc. & All 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. (Durwood O. ..Jones) S/2 of W acre ex 130' x 150` P. O. Box 2076 out of NE/C of N/2 Roswell, N.M. 88201 WEST LYNN SUB. Block 1 Lot 8-9-10 Calvary Baptist Church 1613 W. 24th Plainview,..Texas. 79072 ~ -, Block 6 Lots 1 & 2 Eloise B. Fergus .1000 Country .Place, No. 169 Houston, Texas 77079 Lot. 1 Calvary Baptist Church 1613 W: 24th Plainview, Texas 79072 Lot 3 Jo_Ann Stocker 1604 W. 22nd .Plainview, Texas 79072 W/30' of 8, E/20' of 9 Jaunita L. Jordan 1606 W. 22nd Plainview, Texas 79072 W/40' of 9, E/ZO' 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 ~~ ,~ ~. _ _ _ ~. . ' CITY OF PLAINVIEW V 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. 80X 1870, PLAINVIEW, TEXAS,. 79072. ....REPLY _ I am in FAVOR OF (rte OPPOSED TO ( ), the change of zone requested by ZONE CASE N0. ~~~. My reasons and/or comments are as follows: ~~ J .. - :~ t , j Signature