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Home My WebLink About90-2830ZONE CASE NO. 564: - J. B. Roberts, Edgemere Shopping Center & Robert Cory ORDINANCE NO. 90-2830 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: Request of J. B. Roberts on behalf of Edgemere Shopping Center and Robert Cory for rezoning from a C2 (Retail District) Zoning District to a C-3 (Commercial General Business District) Zoning District with a Specific Use Permit for operation of a carnival and described as follows: The East part of Lot 1, Revised Edgemere Heights Addition to Plainview, Hale County, Texas: BEGINNING at a point in the south line and 275.0 feet east of the S.W. corner of Lot 1, Revised Edgemere Heights Addition to Plainview, Hale County, Texas; Thence S.89°59'50"E., along the south line of Lot 1, 621.6 feet to a point; Thence Northeastward, 23.55 feet around a curve to the left, having a radius of 15.0 feet to a point; Thence N.0°02'iO"W,, 320.15 feet to a point; Thence Northwestward, 170.42 feet around a curve to the left, having a radius of 240.44 feet feet to a point; Thence Northwestward, 237.75 feet around a curve to the right, having a radius of 335.44 feet to a point; Thence N.0°02'10"W., 309..49 feet to a point; Thence Northwestward, 266.40 feet around a curve to the right, having a radius of 325.44 feet to a point; Thence N.43°08'W., 247.43 feet to a point; Thence S.46°52'20"W., 27.9 feet to a point; Thence S.46°51'50"W., 297.1 feet to a point; Thence S.42o59'50"W., 188.0 feet to a point; Thence S.47°00'17"E., 376.0 feet to a point; Thence South, 686.8 feet to the place of beginning and located at 2600 N. 1-27. 1 of 3 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 J. B. Roberts on behalf of Edgemere Shopping Center and Robert Cory for rezoning from a C-2 (Retail District) Zoning District to a C-3 (Commercial General Business District) Zoning District of a tract described as follows: {see above described legal description} 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. That Ordinance No. 89-2798 and the Official Zoning Map be and the same are hereby amended as follows, to wit: Request of J.B. Roberts on behalf of Edgemere Shopping Center and Robert Cory for a Specific Use Permit, for operation of a carnival in. a C-3 (Commercial General Business) Zoning District and described as follows: (see above described legal description} From the date of this Ordinance, said lot, tract and parcel of land deScribed shall be and hereby be changed to indicate a Specific Use Permit subject to the following' conditions: The SpeCific Use Permit is valid for one week only during July, 1990. The permit will expire at the 2 of 3 conclusion of the one week carnival or July 31, 1990, whichever comes first. 2. The property must be cleaned of all trash and debris at the conclusion of the carnival and the property returned to its preexisting state. Any damages which might have been caused as a result of the Carnival must be repaired. It is expressly provided that the Permit is granted subject to the above conditions and Applicant's abiding thereby. Failure to comply may result in revocation of the Permit by the City Council and a reversion of the property's zoning status to C-3. The Official Map is amended in accordance herewith. Section 3. 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 12th day of June, 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 12th day of June, 1990. Passed and Approved this 26th day of June, 1990. - ~.V. Ri~lehuber, Mayor ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: Mike McDonough Director of Municipal Services APPROVED AS TO FORM: David Blackburn, City Attorney 3 of 3 PLANNING BOARD & ZONING COMMISSION MEETING Thursday, May 24, 1990, City Hall, 7:30 P.M. Presession 7:00 P.M. NOTICE is hereby given to .owners of the property hereinafter described and referred to and to all other interested persons as provided by law, that the City Planning and Zoning Commission will hold a public hearing on the 24th day of May, 1990, at 7:30 P.M., in the Council Chamber of the City Hall, 901 Broadway, Plainview, Texas, to consider the recommendations it will make to the City Council concerning the following described property, and at said hearing all interested persons will be given an opportunity to be heard. If recommended for approval or if recommended for denial and a notice of appeal is filed in pursuant to the Plainview Zoning Ordinance, the Mayor and City Council will hold a public hearing on 12th day of June, 1990, at 7:30 P.M., in the Council Chambers of City Hall, 901 Broadway, Plainview, Texas, to consider the recommendations made to it by the City Planning and Zoning Commission and at which time all interested person will again be given an opportunity to be heard. ZONE CASE NO. 564: Request of J. B. Roberts on behalf of Edgemere Shopping Center and Robert Cory for rezoning from a C-2 (Retail District) ZOning District to a C-3 (Commercial General Business District) Zoning District with a Specific Use Permit for operation of a carnival and described as follows: The East part of Lot 1, Revised Edgemere Heights Addition to Plainview, Hale County, Texas: BEGINNING at a point in the south line and 275.0 feet east of the S.W. corner of Lot 1, Revised Edgemere Heights Addition to Plainview, Hale County, Texas; Thence S.89°59'50"E., along the south line of Lot 1, 621.6 feet to a point; Thence Northeastward, 23.55 feet around a curve to the left, having a radius of 15.0 feet to a point; Thence N.0°02'10"W., 320.15 feet to a point; Thence Northwestward, 170.42 feet around a curve to the left, having a radius of 240.44 feet feet to a point; Thence Nortkwestward, 237.75 feet around a curve to the right, having a radius of 335.44 feet to a point; Thence N.0°02'10"W., 309.49 feet to a point; Thence NorthwestWard, 266.40 feet around a curve to the right, having a radius of 325.44 feet to a point; Thence N.43°08'W., 247.43 feet to a point; Thence S.46°52'20"W., 27.9 feet to a point; Thence S.46o51'50"W., 297.1 feet to a point; Thence S.42~59'50"W., 188.0 feet to a point; Thence S.47°00'17"E., 376.0 feet to a point; Thence South, 686.8 feet to the place of beginning and located at 2600 N. 1-27. ZONE CASE NO. 564 East Part of Lot 1 Revised Edgemere Heights Addition 2601N. Interstate No. 27 8~ ~ 24~ 2O EDGEMERE 167..5 ~ 397.22 245 260 ~-2 7. 5 0 $88.76 C-2 30~ 80 I 75 TWENTY /-- ~ F ( EDGEMERE HEIGHTS Block 1 26525 sq. ft. out of SE/4 Und Int 50% 26525 sq. ft. out of SE/4 Und Int 50% N/Pt 5.567 acres Block 2 Lots 5-6 plus Closed alley Block 3 S100' of N230'-3 S139.24'-3 Block 4 Lot 1 Lot 2 Lot 3 Block 14 Lots 1-2 ZONE CASE NO. 564 Mailing List First National Bank P. O. Box 580 Plainview, Texas 79073 Hale County State Bank Atten.: John R. Reynolds P. O. Box 970 Plainview, Texas 79073 Edgemere Shopping Center % Denzil McMillan 621 W. 7th Plainview, Texas 79072 Joseph & Edith Harris % K-Mart Corp. Tax Dept. 703 S. Industrial Blvd. Euless, Texas 76040 Dr. Dana F. Segler 412 Mesa Cir. Plainview, Texas 7907 2 Carl P. Weidenbach 2606 Yonkers Plainview, Texas 79072 Texas Health Care Assoc. P. O. Box 105 Norcross, GA 30091 John F. McGarvish 305 Kirchwood Plainview, Texas 79072 John F. McGarvish 305 Kirchwood Plainview, Texas 79072 Felix C. Crawford 105 Yucca Terrace Plainview, Texas 79072 EDGEMEREPARK Unit 2 Lot 1, .3155 Ac TR out W/Pt of .610 Ac TR out of NW/Pt Lot 1, E.4415 Ac out of NW Pt TR out N/C Pt TR 2, Lot 1 TR out NE/C Lot 1 100' fac 100 x 125 Ac TR & 126.68' fac Edgemere Dr. Ex Hwy. GROFF ADDITION Lots 1-2 ZONE CASE NO. 564 Mailing List Page 2 Gary Abercrombie 2808 Mesa Dr. Plainview, Texas 79072 Robert Horace Lindsey 7306 Olton Rd. Plainview, Texas 79072 Robert H. Lindsey 2703 W. 24th Plainview, Texas 79072 Schimkat Ltd. P. O. Box 1016 Pierre, SD 57501 Martha L. Groff 2503 W. 24th Plainview, Texas 79072 J. B. Roberts 1407 W. 5th Plainview, Texas 79072 Robert Cory Heart of America Carnival 203 E1 Camino Real San Benito, TX 78586