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Home My WebLink About90-2823ZONE CASE NO. 562 - SPECIFIC USE PERMIT - Mike Fox - KKYN ORDINANCE NO. 90-2823 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. 562: Request of Mike Fox on behalf of KKYN for a Specific Use Permit on Lots 3 through Lot 13, Westridge Addition, Unit No. 6, for the purpose of operating a Circus in a C-3 (Commercial General Business) Zoning District and located at 4405 Olton Road. WHEREAS, the proposed Specific Use Permit 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 Mike Fox on behalf of KKYN for a Specific Use Permit on Lots 3 through Lot 13, Westridge Addition, Unit No. 6, for the purpose of operating a Circus in a C-3 (Commercial General Business) Zoning District and located at 4405 Olton Road. From the date of this Ordinance, said lot, tract and parcel of and described shall be and hereby be changed to indicate a Specific Use Permit; and 1 of 2 The official Map is amended in accordance herewith. 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, 1990. E.V. Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: .Mike McDonough ~-- ~ Director of Municipal Services APPROVED AS TO FORM: ~A~t~rney 2 of 2 CHECK SHEET FOR ZONING CASES ZONE CASE NO. 562 __£here must be compelling reasons for any zoning amendment which are are substantially related to the public welfare and necessit'z. It is not suffiecient that an applicant for an amendment to the Zoning Ordinance mere to a request amendment; nor is it suffic would enable him to gain a greater profit Every Zoning Amendment should be analyzed A. COMPR~SIVENESS: Dm 1. Is change contrary to establish Would change create an isolated similar districts, i.e., is thi~ Would change alter the populatic and thereby increase the load or (schools, sewer, or streets)? Are present district boundaries in relation to existing conditic CHANGED CONDITIONS: Have the basic land use conditi~ Has development of area been regulations? PUBLIC W~I.FAR~: 2. 3. 4. 5. 6. Will change adversely influence in the neighborhood? Will change create or excessive] traffic congestion? Will change seriously reduce the adjacent area? Will change adversely affect pre adjacent area? Will change be a deterrent to ti development of adjacent area? Will change constitute a grant ¢ privilege to an individual as c¢ general welfare? REASO~I.~SS: ly show that there is no neighborhood objection tent that an applicant show that the amendment or income from his property. with regard to the following. Land use pattern? district unrelated "Spot Zoning"? n density pattern public facilities illogically drawn ns? ns been changed? trary to existing No - Permitted with SU No Yes - Street load one day only No No living conditions y increase light and air ~perty values in ~e improvement or ,f a special ,ntrasted to the No Are there substantial reasons wily the property cannot be used in accord with e]:isting zoning? Is the change requested out of cale with the needs of the neighborhood or the City? SU will be used for one (1) day May increase load one (1) day No No No No No No No Is it impossible to find adequate sites for the proposed use in district permitting such use? ZONE CASE NO. 562 Lots 3-13 Westridge Addition Unit No. 6 4405 Olton Road 2 O~ 7~0/~ 74Z.86 $28.45 \ \ \ \ \ 'x DUNCAN ADDITION NO. 2 Lot 15 Lot 16 Lot 17 Lot-18 Lot 19 Lot 20 Lot 21 W10'-22, 23 E15'-22 Lot 24, 34H Lot 25 Lot 26 & E5'-27 W20'-27, E10'-28 W15'-28,29 ZONE CASE NO. 562 Mailing List Jerry Wofford 4424 Olton Rd. P. O. Box 844 Plainview, Texas Same 79072 Same Same Same Same Same BGTR, Inc. % Richard Ligon Box 1989 Plainview, Texas Jerry Wofford 4424 Olton Rd. Box 844 Plainview, Texas Robert W. Herring Box 1206 Plainview, Texas Robert W. Herring Box 1206 Plainview, Texas Loyd Belk 2507 Itasca Plainview, Texas Jerry Wofford 4424 Olton Rd. Box 844 Ptainview, Texas Eddie Sessions Box 1462 Plainview, Texas 79072 79072 79072 79072 79072 79072 79072 DUNCAN ADDITION NO. 2 Lot 30, E15'-31 W10-31,32 Lot 33 EX E35' E35'-33 MESA VERDE ADDITION UNIT 1 Lot 7 Lot 8 WESTRIDGE ADDITION UNIT NO. 6 Lot 1 & 3-13, 14.026 Acres Lot 2 ZONE CASE NO. 562 Mailing List Page 2 Darvis G. Foster 1403 Itasca Ptainview, Texas Ralph Chilton Box 1407 Plainview, Texas Jerry Wofford 4424 Olton Rd. Box 844 Plainview, Texas Ronald E. Wright Box 590 Plainview, Texas 79072 79072 79072 79072 PTC II Ltd. % Assoc. Prop. Tax 310 E. 1-30, Suite M102A Garland, Texas 75043-4006 Metropolitian Life Ins. % Wal-Mart Stores, Inc. Box 116 Bentonville, AR 72716 E. H. Kirchhoff 703 E1 Paso Plainview, Texas 79072 McCoys Bldg. Supply % James R. Eltzroth Comp. Box 270780 Corpus Christi, Texas 78427-0780 City of Plainview Mike Fox KKYN P. O. Box 147 Plainview, Texas 79073