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Home My WebLink About86-2672~., o~ `_ ORDINANCE NO. 86-2672 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. 540: Request'of David Ramirez, Jr. for a Specific Use Permit for Day Care Center in a R-2 (Single-Family Residential} Zoning District being Lots 13 & 14 ,' Block 1, Slaughter Subdivision and located- at 106 Zephyr. 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. NO. 82-2478 and the Official Zoning Map be and the same are. hereby amended as follows, to-wit: ZONE CASE N0. 540: Lots 13 & 14, Block 1, Slaughter Subdivision and located at 106 Zephyr. City of Plainview, Hale County, Texas, for a Specfic Use Permit (for Day Care Center) in a R-2 (Single-Family Residential) Zoning District. From the date of this .Ordinance, said lot, tract and parcel of land 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 dai y newspaper of ~~ ,_ ~. _ ., ~~ general circulation in the City of Plainview, Texas, a notice that a ~`~` public hearing shall be held in thee. Council Chamber of the City Hall in Plainview, -Texas, at ?c30 o;'clock PM. on the 28th. day of October, 1986, "to permit thee.. public to be heard prior to consideration of this Ordinance for- second and.. final reading, said ..publication to be made more han fifteen {15} days prior to the time designated for. such public hearing. PASSED on firs 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 ..passed on second and final .reading. PASSED on second and final reading this, the 28th. day of October, 1986. E.V. RIDLEHUBER, Mayor '~, J ATTEST: SHERYL OWEN, City Secretary 1 ~'"': .~ 'J ~~, '~ CHECK SHEET FOR ZONING CASES W ZONE CASE NO~. 540 -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 the amendrnent 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. COP~IPREHENSIVENESS: B. r, 1. Is change contrary to established land use pattern? No -Previous s.u. at this locatic 2. Would change create an isolated df'strict unrelated to similar districts, i.e., is this'"spot'Zoning"? .Does not apply - S.U. is not a zor. 3. Would change alter the population density pattern and thereby increase the load on pubTiC facilities ~~(schools, sewers, or streets)? No -Location of a previous Day '° Are present district boundaries illogical}y drawn Caere Ce~~e~ in relation to existing conditions? No CHANGED CONDITIONS. 1. Have the basicland use conditions been changed? No ` '~ 2. Has .development of area. been. contrary to exist- ing regulations? No PUBLIC WELFARE• 1. Wi11 change adverselylinfluence living conditions No in the neighborhood? 2. Wi11 change create or .excessively increase. traffic CongeStlOn? Increas but not excessively. 3. Wi11 change seriously reduce. the light and air to adjacent area? ~ No -Property is developed °~~.: 4, Wi11 change adversely affect property values in ddjaCent area? No -Property is developed &.Child 5. Will change be a deterrent to the improvement or care Center previous y. development of adjacent area? No -Developed area.. 6. Will change constitute a grant of a special privilege to an individual as contrasted. to the general welfare? No p, REASO(dABLE;: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? Child Care requires S.U. Permit t~uilaing not a.resiaence. No `~ No - But a S.U. Permit would be .. neeaea in any x area. 3~ .ZONE CASE N0. 540- MAILING LIST Block 1 Lot 1 Billy VerneBownds 101 Yonkers Plainview, Texas 79072 .Lot 2 Beverly J."Smith Arlie-Leatherwood 103 Yonkers Plainview, Texas 79072 Lots 3-4 Alvin D. Law 205 SW 10th Plainview, Texas 79072: Lot 5 W. A. Barton 2215 E. 21st Amarillo, Texas 79103 Lots. 6-8 Keith Wayne Covington. 115 Yonkers Plainview, Texas 79072 Lots 9-10 ' Plainview Columbus Club ~~. ,; _ 2607 W. 2nd Plainview, Texas 79072 Lots 11-12 James .Kenneth Mayden P. O. Box 761 Cleburne, Texas 76031 Lots 13-14 ** James Kenneth Mayden DBA Jungle Hut Day Care 100 Zephyr Plainview, Texas '79072 Lots 15-16 James Kenneth Mayden P. O. Box 761 Cleburne, Texas 76031 Municipal Golf. Course City of Plainview ** David, Ramirez, Jr. 815 Galveston ,- Plainview, Texas 79072 3~ --", <\_ .CITY OF PLAINVIEW ZONING REPLY. FORM • IF FOR ANY REASON YOU FEEL THAT YOU WILL BE UNABLE TO ATTEND THt 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 TQ THE SECRETARY OF THE .PLANNING AND ZONING COMMISSION, P.O: .BOX 1870, PLAINVIEW, TEXAS, 79072. REPLY r _ I am in FAVOR OF (~ , OPPOSED TO ( ), the change of zone requested by ZONE CASE. NO. ,~~. My reasons :and/or comments are as follows: f~i 7 t'~ ~~~ LA T~~ - ~ J ' Signature