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