HomeMy WebLinkAbout90-2835ZONE CASINO. 566 - PISD
ORDINANCE NO. 90-2835
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. 566:
Request of Richard Watson on behalf of the Plainview Independent
School District for rezoning of a tract of land containing 1.55
acre tract out of the northwest quarter of Survey No. 34, Block
JK-2, Hale County, Texas, from a R-1 (Single-Family Residential)
Zoning District to a C-2 (Retail District) Zoning District for use
as a day care center, described as follows:
Beginning at the northeast corner of Edgemere Addition, Unit No.
4, Plainview, Hale County, Texas (recorded in Volume 427, page 525
of the Hale County Deed Records), said corner being in the north
line and 1941.6 feet east of the northwest corner of Survey No.
34, Block JK-2, Hale County, Texas;
Thence 300 feet east along the north line of said survey to the
northwest corner of a tract dedicated for Yonkers Street (and
20th Street), as recorded in Volume 407, page 177 of the Hale
County Deed Records;
Thence south 225 feet along the west right of way line of Yonkers
Street to a point;
Thence west 300
No. 4;
feet to a point in the east line of said Unit
Thence north 225 feet along the east line of said Unit No. 4 (and
the east side of an alley) to the Point of Beginning containing
1.55 acres and located at 2305 Yonkers.
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
1 of 3
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 Richard Watson on behalf of the Plainview Independent
School District for rezoning of a tract of land containing 1.55
acre tract out of the northwest quarter of Survey No. 34, Block
JK-2, Hale County, Texas, from a R-1 (Single-Family Residential)
Zoning District to a C-2 (Retail District) Zoning District for use
as a day care center, described as follows:
Beginning at the northeast corner of Edgemere Addition, Unit No.
4, Plainview, Hale County, Texas (recorded in Volume 427, page 525
of the Hale County Deed Records), said corner being in the north
line and 1941.6 feet east of the northwest corner of Survey No.
34, Block JK-2, Hale County, Texas;
Thence 300 feet east along the north line of said survey to the
northwest corner of a tract dedicated for Yonkers Street (and
20th Street), as recorded in Volume 407, page 177 of the Hale
County Deed Records;
Thence south 225 feet along the west right of way line of Yonkers
Street to a point;
Thence west 300
No. 4;
feet to a point in the east line of said Unit
Thence north 225 feet along the east line of said Unit No. 4 (and
the east side of an alley) to the Point of Beginning containing
1.55 acres and located at 2305 Yonkers.
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. 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 10th day of July, 1990, to permit the public to be
2 of 3
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 10th day of July, 1990.
Passed and Approved this 24th day of July, 1990.
E.V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
Mike McDonough O
Director of Municipal Services
APPROVED AS TO FORM:
David Blackburn, City Attorney
3 of 3
ZONE CASE NO. 566
CHECK SHEET FOR ZONING CASES
There must be compelling reasons for any zoning amendment which are substantially related
to the public welfare and necessity~ It is not sufficient that an applicant for an amend-
ment to the Zoning Ordinance merely show that there is no neighborhood objection to a re-
quest amendment; nor ~s it sufficient that an applicant show that the amendment would en-
able him to gain a greater profit or income from his property.
Every zoning amendment should be analyzed with regard to the following:
A. COMPREHENSIVENESS:
Is change "contrary to established land use pattern?
Would change create an isolated di~strict unrelated
to similar districts, i~e,, is this "spot Zoning"?
Would change alter the population density pattern
and thereby increase the load on public facilities
(schools, sewers, or streets)?
Are present district boundaries illogically drawn
in relation to existing conditions?
CHANGED CONDITIONS:
1. Have the basic land use conditions been changed?
2. Has development of area been contrary to exist-
ing regulations?
C. PUBLIC WELFARE:
1. Will change adversely influence living conditions
in the neighborhood?
2. Will change create or excessively increase
traffic congestion?
3. Will change seriously reduce the light and air to
adjacent area?
4. Will change adversely affect property values in
adjacent-area?
5. Will change be a deterrent to the improvement or
development'of adjacent area?
6. Will change constitute a grant of a special
privilege to an individual as contrasted to the
general welfare?
D. REASONAB_ ENESS:
1. Are there substantial reasons why the property
cannot be used in accord with existing zoning?
2. Is the change requested out of scale with the
needs of the neighborhood or the City?
3. Is it impossible to find adequate sites for the
proposed use in district permitting such use?
CITY OF PLAINVIEW
ZONING REPLY FORM
IF FOR ANY REASON YOU .FEEL THAT YOU WILL BE UNABLE TO ATTEND THE
PUBLIC HEARING ADVERTISED BY THIS NOTICE, AND YET YOU DESIRE TO
PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY
COMPLETE THIS FORM AND RETURN IT TO THE SECRETARY OF THE PLANNING
AND ZONING COMMISSION, P. O. BOX 1870, PLAINVIEW, TEXAS 79073.
I am [ Vz] in favor of,
REPLY
Iam[
] opposed to,
the change of zone requested by ZONE CASE NO. 566.
and/or comments are as follows:
My reasons
HALE COUNTY STATE BANI~'
/~~_~ Johl] R. Reynolds
( SIGNATUR FYFCIIT'V-F V!C£ PRESIDENT--SHIER