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HomeMy WebLinkAbout90-2822ZONE CASE NO. 561 - Fred Garrison ORDINANCE NO. 90-2822 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 89-2798 AND THE OFFICIAL ZONING MAP OF THE CITY OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 561: Request of Fred Garrison for rezoning Lot 5, Block 8, Central Park Addition, from C-3 (Commercial General Business) Zoning District to a M-2 (Heavy Industrial) Zoning District for commercial uses and located at 1107 North Austin Street. 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 as 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 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. 89-2798 and the Official Zoning Map be and the same are hereby amended as follows, to wit: Request of Fred Garrison for rezoning Lot 5, Block 8, Central Park Addition, from C-3 (Commercial General Business) Zoning District to a M-2 (Heavy Industrial) Zoning District for commercial uses and located at 1107 North Austin Street. 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. 1 of 2 SECTION 2. A notice that a public hearing shall be held in the Council Chambers in the City Hall in Plainview, Texas, at 7:30 P.M. on the 13th day of March, 1990, 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 designed for said hearing. Introduced and Public Hearing held on 13th day of March, 1990. Passed and Approved this 27th day of March,. l~g0~. ~ - E.V. Ridlehuber, Mayor ATTEST: Carla Reese, Cit~ Secretary APPROVED AS TO CONTENT: Mike McDonough Director of Municipal Services APPROVED AS TO FORM: David Blackburn, City Attorney 2 of 2 CHECK SHEET FOR ZONING CASES ZONE CASE NO. 561 ~_.Shere must be compelling reasons for any zoning amendment which are are substantially related to the public welfare and necessity. It is not suffiecient that an applicant for an amendment to the Zoning Ordinance merely show that there is no neighborhood objection to a request amendment; nor is it sufficient that an applicant show that the amendment would enable him to gain a greater profit or income from his property. Every Zoning Amendment should be analyzed with regard to the following. A. COMP~WMRNSIVENESS: 1. Is change contrary to establish land use pattern? No Would change create an isolated district unrelated similar districts, i.e., is this "Spot Zoning"? No Would change alter the population density pattern and thereby increase the load on public facilitie~ (schools, sewer, or streets)? No Are present district boundaries illogically drawn in relation to existing conditions? No B. C~ANGED CONDITIONS: Have the basic land use conditions been changed? Has development of area been contrary to existing regulations? PUBLIC WRT.I~AP.g: No - Area has been used as non conforming No 2. 3. 4. 5. 6. Will change adversely influence living conditions in the neighborhood? Will change create or excessively increase traffic congestion? Will change seriously reduce the light and air 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? No No No No No Area is developed No D. REASONABI.RNESS: Are there substantial reasons why the property cannot be used in accord with existing zoning? No - but not as proposed Is the change requested out of scale with the needs of the neighborhood or the City? No Is it impossible to find adequate sites for the proposed use in district permitting such use? 45 50 5O o~ 13i45 ~C ~ 8,~ '0 18 '"',,:, T~TH 2o S~¢EET ~o~° o 140 140 5: 3~ ,-- NINTH STREET , ~1 I IG II I I I ,6 II , I l___16 I! , ] I ,6 11 CENTRAL PARK ADDITION Block 8 Lots -3, N/2-4 S/2-4 Lot 5 Lots 6-7 W/2 & N34.5' of E/2-8 Block 9 C/Pt 1-3 S59'-1-3 Lots 9-11 Lot 12 Lot 13 DEPOT ADDITION Block 2 N9.5-17, 18-24 Lots 25-27, Lots 6-8, Pt 31-32 Railroad ROW ZONE CASE NO. 561 Mailing List Fred Garrison Box 100 Plainview, Texas 79073 Fred Garrison Box 100 Plainview, Texas 79073 Land Development Ltd. 725-A Broadway Plainview, Texas 79072 Fred Garrison Box 100 Plainview, Texas 79073 Rickey D. Ballard 1114 Baltimore Plainview, Texas 79072 Willie J. Ballard 515 E. 34th Street Plainview, Texas 79072 Plainview ISD Box 1540 Plainview, Texas 79072 J. Rufino Juarez Box 1031 Plainview, Texas 79073 Willie J. Ballard 515 E. 34th Street Plainview, Texas 79072 H. W. Garrett, Jr. 607 Lexington Plainview, Texas 79072 Fred Garrison Box 100 Plainview, Texas 79073 Wayland Baptist Univ. 1900 W. 7th Plainview, Texas 79072