HomeMy WebLinkAbout86-2675
ORDINANCE N0. 86-2675
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. 543:
Request of Mike McDonough, Director of Municipal Services, on behalf
of the City of Plainview for rezoning of five. (5) tracts of land
totaling 46.517- acres from R-1 (Single-Family Residential), A-O
(Agriculture-Open.. Spacer and P.D. (Planned -Development) ,Zoning
Districts to a C.R.D. (Commercial Retail District) Zoning District,
and`descrbed as follows:
Tract l:
Being a 1:975 acres tract out of Survey No. 27, Block JK-2,
Hale County Texas, and being out of the east part of a 53.415 acre
tract as recorded'in 'Volume 62&, page b71 of the Hale-County Deed
Records:
BEGINNING at the .most. .easterly northeast corner of Mesa Verde
Addition, Unit No: 2; final`-pla recorded in Volume 729, page 329 of
the Hale County Deed Records, said corner being 1310.03 feet
N.0°00'30"E. and 63.19 feet N.89°58''09"E. of the-southeast corner of
~~_- the west half.-of Survey No. 27, Block JK-2, Hale County, Texas,. and
being in the intersection of the west right of way line of
Interstate Highway' No. 27 and the north right of way line of 13th
Street;
Thence 5.89°58''09"W: along the north right of way.. line of 13th
Street, at 63.19-feet pass the west line of the east half of said.
survey, in al1,.400 feet to an interior corner of said addition;
Thence N.0°09'E.- 215.74 feet. along an easterly line of said
addition to a'corner of a R.K.R. Inc. tract;
Thence 5.89°51'E. along said R.K.R. Inc.- tract, at 336.29 feet
pass the west line of the east half of said-survey, in all., 400 feet
to the southeast corner of said R.K.R.' Inc.-tract in the west right
of way line of said highway;
Thence S.0°09'W. 214.47 feet along the west right. of way line
of 'said hghwag to the POINT OF BEGINNING and containing 1.975
acres;
Tract 2:
Being a 31:572 acre tract out of Survey No. 27, Block JK-2,
Hale County,. Texas:
BEGINNING at a point in the northwesterly night of way line of
Tnterstate Highway No. 27 as recorded in Volume 364, page 535 of the
Hale County Deed Records,. said point being 2022.31 feet 5.45°W. of
- the northeast :corner of Survey No. 2,7, Block JK-2, Hale County,
Texas `and in the west. line of a 65 acre tract;
Thence. 5.45°W. 370.57 feet. along the northwesterly 'right. of way
line of said highway to a point of curvature;
1~
Thence Southwesterly, 2,360.03 feet continuing along said right '"'~
of way linearound a curve to the left having, a radius of 3,014.93
feet, a central angle of 44°51'r a angent'of 1,244.20 .feet .and a
chord .bearing 5.22°34'30"W. 2',300.23 feet, to a point of tangency for
the northeast corner of the Higginbotham-Bartlett 53.415 acre ract;
Thence N. 89°5S'W. along the north line of said tract, at 63.71
feet pass 1524.7 feet N.0°00'30"E. of -the southeast corner of the
west half of said survey, in all, 4;00 feet to a common corner of
said tract and Mesa Verde Addition, Unit No. 2, final"plat recorded
in Volume 72'9, page 329 of the Haie County Deed Records;
Thence Northeasterly, at 344,91 feet pass the northeast corner
of said': addition; in all, 1,002.02 feet .::around a curve to the right
having,'a radius of 3,414.93 feet, a central angle of 16°48'43", and
a chord bearing N.$°33'22"E. 998.43 feet to a point in the ;south.
dine of a 16.397 acre tract as recorded in .Volume 655, page 3.89 of
the Hale County Deed Records;
Thence N. 89"°58'09"E. 187.89 feet to a corner of said tract
being in the. west line of the east half of said survey;
Thence N.0°00'30"E, along the west fine of the east .half of
said survey; at 217.53 feet pass the northeast corner of said tract,
in all,' 7D-0.19' feet. to a point 2125.-06 feet S.0°00'30"W, of the
.northwest corner of the east half of-said. survey.;
Thence Northeasterly .990,15 feet around a curve to the right
having,'a radius point bearing 5..61°08'2:5:"E; 3514.93 feet, a central
:angle of 16°08'25", and a chord `bearing N.36°.55'48:"E. 986.88 feet to
a point `af tangency, said curve being normal, and 500 feet
`Northwesterly of thenorthwesterly right of- way..line of said ~.~ i
highway;
Thence N.45°E.. 870.57 feet continuing along a line parallel and
500 feet northwesterly of said right of way line to a point in the
west line of said 65'acre tract;
Thence South 707.11. feet along the west line of said tract to
the POINT OF BEGINNING and containing 31.572 acres;
Tract 3:
Being a 10'.248-acre tract out of the remainder of a 65 acre
tract ''out of the northeast part` of .Survey No.. 27, Block JK-2, Ha e
County, Texas.:
BEGINNING at a point in the northwesterly right of .way line of
Interstate Highway'No. 27 as recorded in Volume 364, page 535 of :the
Hale County Deed Records for the southeast corner of a 1.10.4 acre
tract as recorded'in Volume 622, page 233 of the Hale County Deed
Records., said point being 681.27 feet 5.45°W. of the .northeast
corner'of Survey No, 27,, Block JK-2, Hale County, Texas:
Thence S.4S°W. 1341.3 feet along-the northwesterly right of way
line of said highway to a point in .the west line of-a 65`acre tract;
Thence North 707.11 feet along the west line of said tract to a
point 721.b4 feet South-of the northwest corner of said tract;
Thence N. 45°E. 573.33 feet along a line parallel and 500 feet
northwesterly of the northwesterly right of way line of said highway
to a point in the south` line of the remainder of the First Christian
Church 2.5 acre tract as recorded in Volume 437, page .54.9 of the
Hale County .Deed Records;
Thence No.89°57'E 75.6 feet to the southeast corner. of said
tract in the west line of a 1.2b acre tract -as xecorded in Volume
622, page 233 of the Hale County Deed Records;
Thence South, at b2.9 feet pass the southwest. corner of said
tract and the-northwest corner of said 1.104 acre tract, in all,
164.54-feet to the southwest corner of said tract;
Thence N.'S9°5.7'E. 467.44 .feet along the south. line of said
tract 'to the 'POINT OF BEGINNING and. containng,10.248 acres;..
Tract 4:
Being-all of the 2.0 acres presently zoned R-1 out of the west
part of a 1.104' acre tract ,and- a 1.2b acre tract as recorded in
Volume 622, page 233 of the Hale County. Deed Records, out of the
northeast part-of Survey. No. 27,, Block JK-2, Hale County.,. Texas:.
BEGINNING at a point in the:'northwesterly right. of way line of
Interstate'`Highway No. 27 as recorded, in Volume 3b4,;page 535 of the
Hale County Deed Records .far the most easterly northeast corner of
1.104 acre tract,` said point being 634.2 feet S4'5°W. of the
northeast corner of Survey No. 27, Block JK-2, Hale .County, Texas;
Thence 5.45°W. 47.07 feet along the northwesterly right of way
line of"said highway to the southeast corner, of said tract;
Thence'5.89°57'W. 467.2:5 feet to he, southwes -corner of said
Tact;
Thence North, at 101. b4 feet pass the northwest corner of-said
~- tract and the southwest cornea. of a 1.26 acre tract, in all, 229.92
feet to the northwest corner of said tract and being in the south
right. of way line. of a highway overpass tract;
Thence S. 81°4&' 24"E. 359.54 feet along `-the. south right of way
line of said overpass tract to a point;
Thence 5.45°E., at 1,07.99 feet pass a common corner of said
1.104 acre and 1.26 acre tracts, in all, 204.62 feet to the POINT OF
BEGINNING and'contai:nng 2.0 acres;
Tract 5:
Being all of the remaining .0:722 -..acres (31,4&8 sq. ft. out of a
2:5 acre tract, lying South of a 1.701 acre highway overpass tract,
and ber_g'_oufi- of the north part of the east half of Survey No. 27,
Block'JK-2, Hale County, Texas;
BEGINNING at the southwest corner of a 0.799 acre highway right
of way tract out of a 2.5 acre tract out of the northeas part of
survey No. 27, Block JK-2, Hare-County Texas, aid corner .being 1293
feet 5.89°57'W. and- 201.49 feet South of the northeast corner of
Survey No.'27, Block JK-2, Hale County,,. Texas;
Thence' South '115.11 feet to the. southwest cornea of said 2.5
acre tract:;
Thence North $9°57'E. 344.0 feet to the southeast corner of
said. 2.5 acre .tract;.
Thence North -84.6 feet to the southeast corner of said 0.799
-, acre highway right of way tract;
~, Thence along the south ine of aid 1.701 acre tract along a
curve to the right having a radius. of 1197.9.101 feet, a central
angle of 16°34'28" and a chord bearing N. 84°58'52"W. 345.32 feet to
the POINT OF BEGINNING and containing 0.722 acres;
And being a total of 46:517 acres of land located on the west
side of North Interstate Highway No. 27 in the. 1300 hru 2300 `~'
blocks.
WHEREAS, the proposed change:>n Zoning Districts as hereinafter made
has been duay presented to 'the Planning and Zoning Commission for
its recommendation which was received by the :City Council, ;:and after
due consideration, he 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 complsed
with, as well as giving notices provided. by Article 1011E Vernon's
Annotated Civil' Statutes - Amended, 1953, and notice was duly
hed in the Plainview Daily ;Herald more than fifteen.(15) days
ublis
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prior to the date of. the 'Public Hearing. according to said notice was
duly held in the City Council Room of the Ci y 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 inaerest 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;
~;
L 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:
Tract 1:
Being a 1.975 acres tract out of Survey No. 27, B ock JK-2,
Hale County Texas, and being out of the east part of a 53.415 acre
tract as recorded in Volume 62b, page 671 of the Hale County Deed
Records:
.BEGINNING at' the mast -easterly northeast corner of Mesa Verde
Addition, Unit. No. 2_, final plat recorded in Volume 72'g, page~329 of
the Hale County Deed Records, said corner. being 1310.03 feet
N.0°00'30"E. and 63•.19.feet N. 89°58'09"E. of the southeast corner of
the west half- of Survey No. 27, Block JK-2, Hale County, Texas, and
being in the intersection of the west right of way line of
Interstate` Highway No. 27`and the north right of :way line of 13 h
Street;
Thence 5.89°58'09"W. along the north right of way line of 13th
Street, at 63.19 feet pass the west line of the east half,pf said
survey, in all., 400 feet-ta an interior corner of-said addition;,
Thence N.-0°09:'E. 215.74 feet :along an easterly line of said
addition to a earner of a R.K.R. Inc. tract;
Thence. 5.89°51'E,'along said R.K.R. Inc... tract, at 336.29 feet
pass the west line of the east half of said survey, in al , 400 feet
to the southeast corner of said R.K.R. Inc. tract in .the west. right.
of way line of said highway;
Thence. S . 0 ° 09' w. 2:14.4'7 feet along the west right of way ine
of said highway to' the POINT 'OF. BEGINNING and containing -1.975
acres;
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.Tract 2:
Being :a 31.572 acre tract out of Survey No. 27, Block.-JK-2,
Hale County,. Texas:
BEGINNING at a point in the northwesterly right. of way line of
Interstate Highway No.'2`7 as recorded in•Volume 364,-page 535 of. the.
Hale County Deed. Records, said point being 2022.31 feet 5.45°W. of
the northeast corner of- Survey -No. 27, Block:JK-2, Hale County,
Texas and. in the west line-of a b5 acre tract;
Thence 5:45°W.'`370.57 feet along the northwesterly right of way.
line of said highway to a paint-of curvature,
:Thence Southwester y, 2,360.03 .feet continuing along-said right
of way line around a curve to the left having, -a radius of 3,014.93 _
feet, a central angle of 44°51', a tangent of 1,244.20 feet and a
chord bearing S`. 22°3:4''30"W. 2,300.23 .feetto apont of tangency for
the. northeast corner of the Higginbotham-Bartlett 53.:4:15 acre tract;
Thence..N.89°51'W.-along•:the north Tine: of said tract, at 63.71
feet. pass 1524.7 feet N.0°00'30"E. of the southeast corner of -the
west half of said survey, in all,:.440. feet to a common corner of
said tract and Mesa Verde Addition, Unit No. 2, final plat reco"rded
in`Volume T29, page 329 of the Hale County Deed Records;
Thence. Northeasterly, at 344-. 91 feet pass he northeast corner
of said addition, in all, 1,002.02 feet around a curve to the right.
having, a radius of 3,41.4.93 feet, a centralangle of 1b°48'43", and
a chord bearing' N.8°33'22"E. 998.43 feet -to a point in the south
line of a `16.397 acre' tract as recorded in `Volume b55, page 389 of.
~' ~ the Hale County Deed Records;
Thence N.89.°58'09"E. 187.89 feet to a corner of said tract
being in the west line of the east half of said survey;
Thence N.0°00'30"E. along the west. line of the east half of
said survey, at 217.53 feet pass the.: northeast corner of said tract,
in all, 700.19 feet to a point 2125.06"feet S.0°00'30"W. of the
.':northwest corner-of the east half of said survey;
Thence Northeasterly 990.15 feet around a curve to the right
having,- a radius point bearing S.bl°08'25"E. 3514.93 feet, a central
angle of 16°08'25", and'a chord bearing N. 36°.55'48"E. 98b.88 feet to
a paint of. tangency, 'said curve .being .normal: and 500 feet
Northwesterly of the northwesterly right .of way line of said
highway;
Thence N.45°E:` 870.57 feet continuing along a Line parallel and
50-0 feet northwesterly of said right of way line to a point in the
west line of said 65 acre tract;
Thence South 907.11 feet. along-the west line of said tract to
the POINT OF BEGINNING and containing 31.572 acres;
Tract 3:
Being a 10.248 acre tract out of the 'remainder of a b5 acre
- tract out of the northeast part of 'Survey No. 27, Block JK-2, Hale
County, Texas:
BEGINNING "at a point in the northwesterly right of way line of
~.' Interstate Highway; No. 27 as recorded in Volume 364, page. 535 of the
Hale County. Deed Records for the southeast corner ;of a 1.-104 acre
tract as recorded in Volume 6'22, page. 233 of the Hale County Deed
Records,. said point. being b81.27 feet 5,45°W. of the northeast
corner of Survey No. 27,. Block JK-2, Hale County, Texas:
~~
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Thence S.45°W. 1341.3 feet along the northwesterly right of way
line of said highway to a point in the west line of a 65 acre tract; `°
Thence North 707.11 `feet along the west .line of ..said tract to a
point 721.64-feet South of the northwest corner of said tract;
Thence N.45°E. 573.33 feet along a line.::..parallel and 500 feet
northwesterly of the `nor hwesterly right of way line of sand highway
to a point in the south line of the remainder of the First Christian..
Church 2.5 acre 'tract as recorded in Vo ume 437,.: page 549 of the
Hale County Deed.Records;
Thence No.'89°57'E. 75.6 feet to the southeast corner of said
tract in the west line of x'1.26 acre tract as recorded in Volume
622, page 233 of the Hale County Deed Records;
Thence South, at 62.9 feet pas the southwest corner of said -
tract and the northwest corner of said:-1.104 acre tract, in all,
164.54 feet to the southwest corner of said tract;
Thence N.89°57'E. 467.44 feet along the south line.. of- said
tract to the POINT OF BEGINNING and containing 10.248 acres;
Tract 4
Being all of the 20 acres presently zoned R-1 out of the west
part of a 1.104 acre tract and a 1,26 acre tract as recorded in
Volume 622, page 233 of the Hale County Deed .Records, out of .the
northeast part of Survey No. 27, Block JK-2,:..Hale County, Texas:
BEGINNING at a point in the northwesterlY.rght of way line of
Interstate Highway No. 27 as recorded in Volume. 364, page 535 of the ,.~,
Hale County;,Deed Records for the most easterly northeast- corner of ~~
~~ 1'.104'acre tract, said point being 634.2 feet 5.45°W. of the
northeast corner-of Survey No. 27, Black JK-2, Hale County, Texas.;
Thence 5.45°W. 47.D7 feet. along the northwesterly right of -way
line of-said highway to the southeast corner of said, tract.;
Thence 5.89°57'W. 467.25. feet to the southwest corner of said
tract;
Thence .North, at 10,1.64 feet pass the northwest ..corner of sad-
tract and the southwest corner of a 1.26 acre tract, in a11, 229.92
'feet to the northwest corner of said aract .and being in the south.
right of way line of a highway overpass .tract;
Thence 5.8.1°46'24"E. 359.54 feet along the aouth-.right~.of way
line of said overpass tract to a point;
Thence 5.45°E. at `107.99 feet pass a common corner cif said
1.104 .acre. and 1.26 acre tracts, in .all, 204.62 feet to the POINT-OF
BEGINNING and containing 2.0 acres;
Tract 5:
Being- all of the remaining _0.722 acres. (31, 468 sq. ft. out of a
2.5 acre 'tract, lying South'of a 1.701 acre highway. overpass tract,
~' and being out'-of the north part of the:. east half of Survey No. 27,
Block JK-2, `Hale County, Texas;
BEGINNING at .the-southwest corner of a 0.799 acre highway right
of way tract out of a 2.5 acre tract out of the northeast 'part of
survey No. 27, :Block JK-2, Hale County Texas, said corner being 1293
feet 5.89°57'W. and 201.49 feet South of -the, northeast corner of
Survey No. 27, Block JK-2, Hale County,:,. Texas.;
,.
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Thence South 1.1.5.11-.feet 'to the southwest corner of said 2.5
acre trac ;
Thence- North 89°57'E. 344.0 feet to .the southeast corner of
said 2.5 acre tract;
Thence North-84.6 feet to the southeast corner of said 0.799
acre highway right_of way tract;
Thence along the south line of .said 1.701 acre tract along a
curve to the right having a radius of 1197.9161 feet, a .central
angle of 16°34'28" and a chord bearing N. 84°58.'52"W. 345.32 feet to
the POINT OF BEGINNING and 'containing 0.722 acres;
And being a total of `46,517 acres of land located on the west
side of North Interstate Highway :No. 27 in the 1300 thru 2300
blocks.
City of Plainview, Hale County, Texas, from an R-1 {Single-Family
Residential), A-0 {Agriculture-Open Space), `and P.D. (Planned
Development.) Zoning District to 'a C.R.D. (Commercial Retail
District) 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. Prior' to consideration of this Ordinance a, public
• hearing shall be held in the Council Chamber of the City Hall in
Plainview, Texas,•. at 7: 30 P.M. , on the 25th day of November,... 1956,
to permit the public `to `be heard, was published. in the Plainview.
Daily Herald, a daily-newspaper; of general circulation in the City
of P ainview, Texas, said publication. being more than fifteen {15)
days'prior`to the time desgnated..for said hearing.
PASSED on first :reading this, the-25th. day of November,. 1986.
PASSED on'se~ond and final reading this, .the 9th day of December,
1986.
E.'V. RIDLEHUBER, Mayor
ATTEST:
SHERYL OWEN, City Secretary
f~
ZOfJE CASE. NO ~ 543
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 oujection to a re-
quest amendment; nor is_it sufficient that an applicant sho4v that tine 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 folloari_ng:
A. COf~1PREHEfJSIVfNESS:
1, Is change contrary to established Land u e pattern? No -Continues Retail Corridor
2. 4Jould change create an i olated district unrelated Alonq Interstate
to similar districts, i.e., is this "spot Zoning"? No
3. Would change alter the:popul,ation density pattern
and thet~eby increase thelaad on pub?ic_facilities
(schools, sewers, or streets}? No
~ Are present district boundaries illogically drawn
in re ation to existing conditions? No - Ma.~ority of.property Annexed A
~ Restrictive Zone &N~ ned Since.
Ba CHANGED COf~DITIONS:
--
1. Have the basic land use conditions been changed? Yes- -From Agriculture To An
2. Has development of area been contrary to exist= Anticipated commercial. Growth.
1ng regU1at1011S? No -.Property has Been Rezoned To
.Meet Needs.
C. PUBLIC WELFAP,Ea
1. 4Jill, change adversely':influence living conditions
in the neighborhood?
2, Will.. change create or excessively increase
traffic congestion?
3. Wi1i 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. REASOt~ABLEf;ESS:
No
No
No
No
No - Wi11 Enhance.
No
1. Are there substantial reasons why- the property
cannot be used in accord.wi h existing zoning? Yes - No Residential Growth
2. Is the change requested out of scale With the Anticipated Adjacent to z-
~._ needs of the neighborhood or the City? No
3, Is it impossible to find adequate sites for.. the
proposed use in district permitting such use? No Proposed uses At This Time.
~~
"`~ '"~~` ZOhdE CASE N0. 543
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" - ra'hsr• SIDE OF PJORTH INTERSTATE
a3,•sT HIGHWAY CdO. 27 FROM THE
--' °-- ~- - - - 1300 BLOCK THUR 2300 BLOCK
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ZOIJE CASE NO. 543
Mailing List
_.
MESA VERDE ADDITION _
Unit 1 P:T.C. II, LTD..
II Hillcrest Green
12720 Hillcrest Rd, #400
Dallas, Texas 75230
Unit 2 Hggingbotham-Bartlett
P. O. Box 1659
Plainview, Texas 79072
JK-2 out of E. Pt. of RKR, Inc.
W/2 W of I-2T 63.649 Acres 725. Broadway
Plainview, Texas 79072
JK-2 Sec. 27 :Out of W/2 Interstate Development
46.35 Acres P. O. Box 2070
.Lubbock, Texas 79408
JK-2 Sec. 27 Out of W/2 Higginbotham-Bartlett
6.749 Acres P. O. Box 1659
Plainview, Texas 79072
JK-2'27 Out of NE/4 .. First Christian Church
~ ,799 Acres. 91.0 Kokomo
Plainview, Texas 79072
JK-2 27 In NE Cor 2:364 Acres Fred Garrison
P. O. Box 100
Plainview, Texas 79072
3K-2 27 Out of'NE/G of NE/4 C.'B. Jones
_12.547 Acres 1409 Amarillo.
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r _, Plainview, Texas .79072