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HomeMy WebLinkAbout86-2683~~~ ORDINANCE NO. 86-26.83 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. 546: Request of Lon Miller and Lubbock Poster Company for rezoning.---of railroad right of way .along Dimmitt Road (from Quincy northwest to the Plainview City limits) from R-1 .(Single-Family Residential) Zoning District to C.G:B. (Commercial General Business} Zoning District and described as follows: Being all` of the Ft. Worth & Denver South Plains Railway Company (Burlington) right of way from the east line of Survey No. 34, Block JK-2, Hale County, Texas (centerline of Quincy Street] extending Northwesterly into Survey No. 35, Block JK-2, to the west line of the corporate limits of the City of Plainview. BEGINNING at the intersection of the northerly. right of way line of said railroad and the east line of Survey No. 34, Block JK-2, Hale County, Texas, said intersection calculated to be .902.2 feet South of 'the northeast corner of said survey; Thence Northwesterly 2830 feet (by .scale) along said right of way line, parallel and 50 feet Northeasterly of the centerline of maintrack, passing the north line of 'said Survey No. 34 and the south line of Survey No.'35, Block JK-2, to a corner of said right of wag; Thence North 35.7 feet to a corner-of .said right of'vray; Thence Northwasterly 1870 feet (by scale) along said. right of way 1ne,'parallel and 75 feet from 'the centerline of main track to a corner of said right of way line at engineer's station 4732+51.8; Thence S.44°26''06"W. 25 feet along said right of 'way line, parallel and'50 feet from the centerline of main tract to'a point of curvature;., Thence Northwesterly along said right of way line; concentric and 50 'feet Northeasterly from the centerline of main tract, an arc length of '156.'65 feet around a curve to the left having a radius of 2914.79 feet, and a chord bearing N. 47°06'17"W. 156.63'feet to a point in the west corporate limits line of the City of Plainview; Thence S.41°04'24"W. lOD.99 feet along said corporate limits line to a point in the south right of way. line `of said railroad; Thence Southeasterly along the southwesterly right of line of said railroad; concentric and 50 feet from .the centerline of main tract, an arc length of 165.15 .feet around a curve to the right havng'a radius of 2814.79 feet, and a chord bearing 5.47°14'45"E. 165.13 'feet to a 'point of tangency; Thence 5,45°33'54"E. 282 feet along said right of way line parallel and 50 ,feet' from centerline of main tract to a corner of said right of way at engineer's station 4732+51..8; Thence 5.44'°26'06"W. 25 feet along a line perpendicular to the main tract to a corner of said right of way line; Thence Southeasterly 2045 feet (by scale) along said right of way lien, parallel and 75 feet from the centerline of main track to a corner of said right of way line; Thence North 35.7 feet to a corner of said right of way; ~-#~ ~y Thence Southeasterly 283D feet (by scale) along said right- of :way line, parallel and 50 feet Southwesterly of the centerline of main track, passing ,the south line of said Survey No. 35 and the north line a,f said Survey No.'34, Block JK-2 to the intersection of the east lne_of said survey'No. 34; Thence. North 140.3 .feet along the east line of said Survey No. 24 to the POINT OF BEGINNING. And located in the 2000 thru 3100 blocks of Dimmitt Road. ZONE'CASE NO;. 546: Request of Lon Miller and Lubbock Paster Company for rezoning of railroad right of way along Dimmitt Road (from Quincy northwest to the Plainview City limits)' from R-1 (Single-Family Residential) Zoning District 'to ;C.G;"B. (Commercial General Business) Zoning District and described as follows: 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 receved'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<makngthe..proposed change; as hereinafter set out will be in the publc<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 1011E Vernon',s -. Annotated Civil ;-Statutes - Amended, .1953, and notice- was duly published in the Plainview Daily Herald more thane.-fifteen {15)` days prior to the date of ,the Public Hearing according to said :notice was duly held in the City Council Roam :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 thebody'ofths Ordinance; 'NOW, '.'THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CLTY OF PLAINVIEW: SECTION. 1. That Ordinance No. 82-2478 and the Official Zoning Map be and the same are hereb 'amended as follows to-wit: Y ~ ~' I Beng;a31 of the Ft. Worth & Denver South Plains Railway Company (Burlington) right of way from the east line of Survey No. 34 Block JK=2, Hale County, Texas (centerline of Quincy Street) extending. Northwesterly into Survey No. 35, Block JK-2, to the west line of the corporate limits of the City of Plainview. BEGINNING at the intersection of the northerly right of way dine of said railroad and the east line of, Survey No. 34, Block JK-2, Hale County, Texas, said ntersecton,calculated to be:-902.2 feet South of the northeast corner of said survey.;.:. Thence Northwesterly 2830 feet (by scale) along said right of ,~''- ~ way dine, parallel and 50 feet Northeasterly of .the centerline of I ~ main track„ passing the north line of said Survey No.-34 and the south line of Survey No. 35, Block JK-2, to a corner of said right of way; Thence North 35.7 feet to a corner of said right of way; Thence Northwesterly 1870 feet (by scale). along said right of way line, parallel and 75 feet from the centerline of main track to a corner of said right of way line at engineer's station 4732+51.8; Thence S.44°26'06"W. 25 feet along said right of wayline, parallel and 50 feet from the centerline of main tract_to a point of curvature; Thence Northwesterly along said right of way line; concentric and 50 feet Northeasterly from the centerline of main tract, an arc length of 156.65 feet around a curve to the left having a radius of 2914.79 feet, and a chord bearing N. 47°06'17"W. 156.63 feet to a point in the west corporate limits line of the City of Plainview; Thence 5.41°04'24"W. 100.99 feet along said corporate limits line to a point in the south right of way line of said railroad; Thence Southeasterly along the southwesterly right of line of said railroad, concentric and 50 feet from the centerline of main tract, an .arc length. of 165.15 feet around a curve to the right having a radius of 2814.79 feet, and a chord bearing S.47°14'45"E. 165.13 feet to a point of tangency; Thence 5.45°33.'54"E. 282 feet along said right of way .line parallel and 50 feet from centerline of main tract to a corner of said right of way at engineer's station 4732+51..8; `Thence S.44°26'06"W. 25 feet along a line perpendicular to the main tract,to a corner of said right of .way line;. Thence Southeasterly 2045 feet (by scale) along. said right of way lien, parallel and 75 feet from the centerline of main track to a corner of said right of way line; Thence North 35.7 feet to a corner of said right of way; Thence Southeasterly 2830 feet (by scale) along said right of way line, parallel and 50 feet Southwesterly.. of the centerline of main track, passing the south line of said Survey No. 35 and the north line of said Survey No. 34, Block JK-2 to the. intersection of the east line of said survey No. 34; Thence North 140.3 feet along the east-line of said Survey No. 2.4 to the`POINT OF BEGINNING. And located in the 2000 thru 3100 blocks of Dimmitt Road. City of Plainview, Hale County, Texas, from an R-1 .(Single-Family Residential) Zoning District to a C.G.B. ..(Commercial General Business) 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. A notice that a public hearing .shall be held in the Council Chamber of the City Hall in Plainview, Texas, at 7:30 P.M., on the 12th day of December, 1986, to permit the public to be heard prior to consideration of this Ordinance was published in the Plainview Daily.. Herald, a daily newspaper of general circulation in the City of Plainview, Texas, said publication being more than fifteen (15) days prior to the time designated for said hearing. ~' _ ~,_ _ L + ~ , ~1 I ~° S 15 ` ~ ~' as !e s, .,~~I'~:,J ^, ZOPaE CASE 54C: Railroad Right of w y " " W aZ s ~ys~,8,a °Q,~t`s ~ ~ ~%ti . fdorthwest from. 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J ¢-_1 ~ F, I ~ 2= ~ ~ SENIOR 70 8 T S to 8 ~ rc to - N y • to to f' v ' WEST _ ° x O T TH "e ST, EET ~° ~ ~ „ o HfGH • rz. 1 I z a I i 7 z z i _ ~ 1 t(~~~'_~`-'vT{J ^'. _ r. y `` I~ -r~~z i1~,}7~~'©`1 1'1 ~~~~ 1 ~'~-•I SCH I ~ _ ~.,T ~~ Zone'Casa No- 54b Mailing List -,''"""" ~~. ,. LAKESIDE ADDITION Block 41 S 2.5 Ac of W 5 Ac Southwestern Grain,. Inc. Ex N 15' Drawer 0 Plainview, TX 790.72, Block 42 SW/PT S/of RR Dan S. Tucker 221.7' on Quincy 205 Dakota Trail Tulia, TX 79088 WEST LYNN.. Block 7 All Southwestern Grain, Inc. Drawer 0 , Plainview, TX 79072. Block 14 ~' All Southwestern-Grain, Inc. `~. Drawer. 0 Plainview, TX 790:72. ffiGH SCHOOL ADDITION Block 4 Lot 11 & 12 Chennault Ne son ' N 20'-13 Grandview 3603 Plainview, TX 79072 Block 5 Lot 8 W/2-9 James Savage Est. Mildred Morrison 1810 W. 20th Plainview, TX 79072 E/2-9, Lots 10-11 Venta F. Day 708 Lexington.. Plainview, TX 79072 y ~ ~ Zone Case No. 546 Mailing .List Page 2_ Blockb - Less. 194' Mattie L. Whitfield ~. 226 facing Smythe 2207 Smythe 180.5' facing.Dimmitt Hwy Plainview,. TX 7.9072 N. 83' x 128' Stephen Oldham .2104 Smythe Plainview, TX .79072 Block 7 Lot 1-2 S. E. Coleman 2305 Dimmitt Rd. Plainview, TX .79072 Lot.3-4 Raymond Akin .2205 Smythe Plainview, TX 79072 HIGH SCHOOL ADDITION, UNIT 2 Lot 12 Orval McGuire. 2105 Dimmitt Hwy Plainview, TX 79072 Lot 13 Mike Belk 2101 Dimmitt Hwy `~_ .., Plainview, TX 79072 BRAMLETT ADDITION All .Lot 1 G. E. Douglass Property Tax Consultants 3336 East. 32nd, Suite 217 Tulsa, OK 74135 RIGLER ADDITION. Lots _T & 2 Hale Co. Hospital Authority Central Plains Regional 2601 Dimmitt Rd. Plainview, TX 79072 EDGEMERE HEIGHTS ADDITION Block 2 Lot 5 & 6 Joseph & Edith.Harris K-Mart Corp. - Tax Dept ~C9574PL 703 S. Industrial Blvd. Euless, TX 7b040 ~,, F ~ ; ` Zone Case No. 546 Mailing List Page 3 Block 3 '-`~, Lot 2 Sun-Vue, Inc Box 1057 Cockney, TX 79241 ALLBRICK ADDITION Block 2 Lot 1 29th Street Cruse & Long Closed Adj Box 1921 '.Plainview, TX 79072 Lot 2 City of Plainview Lot 3-4 Terrell ~ Morris Box 269. Plainview, TX 79072 Lot 5 Joe Stockett Box 1269 Plainview, TX 79072_ Block 3 ~. Lot 1-2, 4 Henry D. Moore Box 1389 Plainview, TX 79072 GARDENVILLE ADDITION Block 3 ots 8-9 L B. L. McAninch 1605 Travis Plainview, TX 7907.2 Block 4 1~ Lots 3-7 Taylor Dev. 1411 Itasca Plainview, TX 79072 ..Lots 8-12 D. L, Roberson Box 1616 Plainview, TX 79072 WAL-MART ADDITION ('"`~1 ` Block 1 ~, Lot 1 Wal-Mart Properties 701 S. Walton .Blvd, Bentonville, AR 72716 o .. r Zone Casa No. 546 - Mailing List . , Page 4 BLOGIZ JT~-a 'SECTION 34 1.58 Ac. Tract out of Gayle 0. Thompson E Pt N..of Blk 5 HS Add. 4208 W. 2nd Plainview, TX 79072 Lying N of Blk 6 Bill Nichols Et Ux High .47 Ac. % Pat Kelley Hale County State Bank Box 970 . Plainview, TX 79073 195.2' x 206' Tract at David Wilder 24th & Dimmitt Hwy. Lying 300 Lometa West & Adjacent to Block 7 Plainview, TX 79072 High School Addition 9.3 Ac. 100' x 196' S of Hwy @ 24th & Ruperto Padilla Dimmitt Hwy .47 Ac. 2103 W. 24th Plainveiw, TX 79072 NE/4 Between RR & 24th & Southwestern Public Serv. Co. Trig. Tr. 5 of 24th E of RR % Jimmie Horner Box 1261 Amarillo, TX 79170 ~~ ., JK-2 SECTION 34 ~ 35 RR Right of Way Burlington Northern RR Co. % Dennis McKnire, Tax Mgr. 777 Main Street 2600 Continental - Fort Worth, TX 76102 JK-2 SECTION 35 4..73 Acres.. out of E, Pt of United Farm Industries SW 1/4 of SE 1/4 lying N Box 40 of RR 4.73 Acres Plainview, TX 79072 Out of E/2 of SW/4 of Robert D. Barnett of 5E/4 1.22 Ac. 3509 Garland Plainview, TX 79072 Out of SE/4 1.63 Ac. Richard C. Pirkle Btwn 24th & 25th W of Box 121.2 Sabine E,of RR Plainveiw, TX 79072 In SW/C of SE/4 of SE/4 Walter Jack Couch .95 Ac. 2405 .Sabine 3391 Hwy 182, ~~13 Berwick, LA 70342 Out of SW/4 of SE/4 Central Plains MHMR of SE/4 .95_AC. 2405 `Sabine. 2601 Dimmitt Rd. Plainview, TX 79072 ,, , '~ `~ Zone Case No. 546 ., ~„ Mailing List Page 5 Out of NW/4 N of RR R.-Jack ,Tames.. 85.233 Ac. Olton Rt. `. Plainview, TX 79072 Out of SE/C NW/4 James Bros. Implement Co., Inc Dimmitt Hwy Drawer 2$0 Intersection I-27 Plainview, TX 79073-0.280. ;:~- Lon Miller, .Agent Lubbock Poster Co. - Box 2216 ___ Lubbock, TX 79408 ~.. t `~ . ,~ < CHEC; SHEET FOR ZONING CASES ZOfdE CASE NO~, 546 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 o~jection to a re- quest amendment; nor is it sufficient that an applicant show that the amendrent would en- able him to gain a greater profit orincome from his .property. Every zoning amendment should be-analyzedwith regard to the following: A, COP~1PREHENSIVENESS: 1. Is change contrary to established land. use pattern? Na - Area is Commercial 2, Would change create an isolated district unrelated to similar districts, i.e., is this "spot Zoning"? No. - Adjacent to Existina Comm. 3. .Would change alter the population density pattern zones & uses. and thereby increase the lead on public facilities (schools,. sewers, or streets}? No r. Are present district boundaries illogically drawn in ..relation to existing conditions? RR is between state Row & comm. Private. Property. ~~ CHAPdGED CONDITIONS: 1. Have the :basic-land use conditions. been changed? Yes -Area is Becoming Comm. 2. Has development of area been contrary to exist- ing regulations? No C. PUBLLC WELFARE: 1. 2. 3. 4, 5. 6. 1Ji11 change adversely.influence living conditions in the neighborhood? Will change create or excessively increase traffic congestion? Will change seriously reduce. the light and air to adjacent area? Will.change adversely affect property values in adjacent area? Will change be a deterrent to the improvement or development of adjacent area? Will change constitute a grant of a special privilege to an individual as contrasted to the general welfare? D. REASO~dA6LE~;ESS: Should Not NO NO No - Could be Permitted On Surrounding Commercial Areas. Will Not Affect Area Development. No - Other Billboards Exist in Are 1. Are there substantial reasons why the property Yes - The RR Row is zoned cannot be used in accord with existing zoning? Residential thus Only RR Uses 2, 1s the change requested out of scale-with the are Permitted. needs of'the neighborhood or the Gity? No 3. Is it impossible to find adequate sites for the proposed use in district permitting such use? rao - But Other site Not As Suitable. ~a ,, ~ .:, -~ , /`.~M l .~ CITY OF PIAINVIEW 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 YQU DESIRE TO PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTING. YOU, YOU P~lAY COMPLETE THIS FORM AND RETURN IT TO THE SECRETARY OF THE PLANNING AND ZONLNG COMMLSSION, P.0 BOX 1870, PLAINVIEW, TEXAS,, 79072,..- REPLY I am in FAVOR OF ( OPPOSED TO ( ), the change of .zone requested by ZONE CASE NO. 5~'i My reasons ar~d/or comments are as follows: 2~ O ~ t xT 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 FLANNING AND ZONING COMMISSION, P.O. BOX 1870, PLAINVIEW, TEXAS, 79072. REPLY I am in FAVOR O.F. (: ), OPPOSED TO {X ), the change of zone requested by ZONE CASE N0. 546 My reasons and/or comments are as follows. ,~ , ~, __ ~-' ,-d, '1 _ ~.. . CITY OF PLAINVIEW ZONING REPLY `.FORM IF FOR ANY REASON:YOU.FEEL THAT YOU WILL BE UNABLE TO ATTEND THE PUBLIC NEARING ADVERTISED. BY THIS NOTLCE, 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.0. BOX 1870, PLAINVIEW, TEXAS,-79072. .REPLY I am in FAVOR OF ( OPPOSED TO ( ), the change of zone requested by ZONE CASE N0. 54 My reasons and/or comments are. as `follows: ~~ `~ ~I .. ~~ ~G~~ ~ ~ ~~..-.. igna ure ;/ ~ /~s l: