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HomeMy WebLinkAbout90-2826DENIED- ZONE CASE NO. 563 - SPECIFIC USE PERMIT - Vicente Montoya ORDINANCE NO. 90-2826 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. 563: Request of Vicente Montoya for a Specific Use Permit on Lots 5 and 6, Block 2, City Addition for the purpose of operating a Flea Market in a C-2 (Retail District) Zoning District and located at 812 West 5th 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 Vicente Montoya for a Specific Use Permit on Lots 5 and 6, Block 2, City Addition for the purpose of operating a Flea Market in a C-2 (Retail District) Zoning District and located at 812 West 5th Street. From the date of this Ordinance, said lot, tract and parcel of land described shall be and hereby be changed to the Zoning 1 of 2 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 Chambers in the City Hall in Plainview, Texas, at 7:30 P.M. on the 24th day of April, 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 24th day of April, 1990. Passed and Approved this 8th day of May, 1990. ATTEST: E.V. Ridlehuber, Mayor Carla Reese, City 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 7.0NE CASE NO. 563 ifhere 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. COMPULSIVENESS: 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"? Would change alter the population density pattern and thereby increase the load on public facilities (schools, sewer, or streets)? Are present district boundaries illogically drawn in relation to existing conditions? No No No No No B. CHANGED CONDITIONS: Have the basic land use conditions been changed? Has development of area been contrary to existing regulations? '-C. PUBLIC W]U.~ARE: 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 Maybe No No No No D. REASONABI.]~ESS: Are there substantial reasons why the property cannot be used in accord with existing zoning? No o Is the change requested out of scale with the needs of the neighborhood or the City? Is it impossible to find adequate sites for the proposed use in district permitting such use? No - SU Permit Required