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HomeMy WebLinkAbout16-3636 ordORDINANCE NO. 16-3636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE AMENDMENT TO AN ADOPTED COMMUNITY DEVELOPMENT PROGRAM AS AUTHORIZED BY TEXAS LOCAL GOVERNMENT CODE, SECTION 373, HEREAFTER REFERRED TO AS THE "CITY OF PLAINVIEW COMMUNITY DEVELOPMENT PROGRAM NO. 1", FOR THE PROPOSED PRESERVATION AND FUTURE REDEVELOPMENT OF AN APPROXIMATE 96.82 ACRE TRACT OF LAND LOCATED NEAR WESTBOUND INTERSTATE 27 AND NORTH STATE HIGHWAY 194 (DIMMITT HIGHWAY), ALL OF WHICH IS WITHIN THE CORPORATE CITY LIMITS OF PLAINVIEW, TEXAS; PROVIDING FOR AN EFFECTIVE DATE; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; AND CONFLICTS CLAUSE. WHEREAS, the City Council of the City of Plainview, Texas desires to amend the City of Plainview Community Development Program No. 1 ("Program") to include a tract of land comprising approximately 14.194 acres designed to establish a sustainable, livable community center for the property located on the west side of Interstate 27 near North State Highway 194 (Dimmitt Highway), which currently consists of an approximate 82.63 acre tract of land ("Property") pursuant to Texas Local Government Code Ann., Section 373 (Vernon's 2005); and WHEREAS, the Program is designed to establish a sustainable, livable community center for the property located near westbound Interstate 27, a major thoroughfare through the City, and North State Highway 194 (Dimmitt Highway), which consists with the proposed amendment, of an approximate 96.82 acre tract of land ("Property") described in the attached Exhibit "A" ("the Site") pursuant to Texas Local Government Code Ann., Section 373 (Vernon's 2005); and WHEREAS, the City appropriated significant funds for the redevelopment, expansion and reconstruction of Property located West of Interstate 27 to accommodate significant industrial growth opportunities in the City as a more rational use of such land and other natural resources in this location; and WHEREAS, the expansion and improvement of the quantity and quality of community services for industrial growth opportunities at this location is essential for the development of a viable community to alleviate physical and economic distress through the stimulation of private investment and community revitalization; and WHEREAS, the Council is committed to preserving the existing character of the community while encouraging development; and WHEREAS, the City approved Resolution No. R16-368, a copy of which is attached hereto as Exhibit "B", which called two public hearings as required by Texas Local Government Code Ann., Section 373.006 (Vernon's 2005); and Ord. 16-3636 Community Development Program Amendment Page 1 of 5 393 394 WHEREAS, the City published notice of the two public hearings in the Plainview Herald, a newspaper of general circulation in the City, a copy of which is attached hereto, along with the Affidavit of Publication, as Exhibit "C", providing public notice of the two public hearings that were conducted on the 9th day of August, 2016 at 7:00 p.m., and a second public hearing held on the 18th day of August, 2016 at 11:30 a.m., in Plainview, Texas; and WHEREAS, the Council hereby adopts this Ordinance after conducting those properly noticed public hearings where any and all persons were heard on or in connection with the proposed amendment to the adopted Community Development Program No. 1 as required by Texas Local Government Code Ann., Section 373.006 (Vernon's 2005). NOW, THEREFORE, The City of Plainview Hereby Ordains that: SECTION 1. The City finds that all of the recitals stated above are found to be true and correct and hereby incorporates its comprehensive plan, as may be amended, as if fully set forth herein. SECTION 2. This Ordinance shall apply to the Site as described herein and reflected in the attached Exhibit "A" located in the City except where specifically exempted by Ordinance or otherwise prohibited by state law. SECTION 3. Purpose of the Program. The City of Plainview Community Development Program No. 1 represents one element of the City's long range and comprehensive plan for encouraging thoughtful, sustainable development in the Plainview community. Upon creating the Program, the City will take the necessary steps to preserve the Site in its current undeveloped and vacant state. Thereafter, the City will begin formulating a feasible plan for the future development of the Site that may draw upon the creative visions of the community. The City's plan may utilize professional consultants, strategic planning, public-private partnerships or any other tool or program to ensure that the Site develops in a manner that maximizes the Site's highest and best use for the City and surrounding community. SECTION 4. Geography and Local Development. The City of Plainview is located in the Texas Panhandle and is the Hale County seat of government. Plainview is the largest city in the county and, as a result, provides services for the entire county. Plainview's ability to create sustainable future growth is connected with the community's ability to attract new residents and businesses. Historically, agricultural production in Hale County has been well diversified, making it one of the leading farming, cotton and livestock -producing counties in the State of Texas. The County also has had diverse industrial development, but sustained a major loss of a beef packing plant in 2013 employing approximately 2,200 employees. In a City with a population of 22,194, according to the 2010 census, the loss of jobs caused an economic downturn effecting the Plainview residents and businesses. Consequently, the City of Plainview Ord. 16-3636 Community Development Program Amendment Page 2 of 5 has taken a proactive approach in locating the Site on a major thoroughfare, Interstate 27, to encourage the expansion, improvement, and development of community services for industrial development opportunities to aid in alleviating physical and economic distress through the stimulation of private investment and community revitalization. With the development of the Site, new opportunities will likely present themselves, and the City wants to ensure that the character of the Site is preserved and developed in a manner that: (1) serves as a gateway to attract local and surrounding residents (2) diversifies and strengthens the local economy; and (3) is consistent with the City's vision of industrial growth. SECTION 5. Program Site Location and Analysis. The Program Site is located within the City of Plainview, Texas near westbound Interstate 27 and North State Highway 194 (Dimmitt Highway). The City's population is 22,194 according to the 2010 census. Most of the area is already zoned for industrial uses by a Manufacturing designation. A review of the local real estate market showed an economic downturn resulting from the beef packing plant's closure in 2013. In accordance with the general area already zoned for industrial uses, the Program Site will allow the City to expand and improve the opportunities for industrial growth by preserving the land for its more rational use and developing its natural resources to enhance the said Site. The City's intent and desire is that future development of such Program Site utilize the property at its "Highest and Best Use." "Highest and Best Use" is defined as "the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." Based on a review of financial information available at the time the City considered this Ordinance, the City reasonably believes that the highest and best use of the property is for industrial development as future demand warrants. SECTION 6. Basis for the Program. The Program Site is located in what the City's Comprehensive Plan identifies as a Future Land Use and Character for primarily industrial uses. As such, development and land use planning should be thoughtfully pursued with a vision of the City's image in mind in accordance with the Comprehensive Plan. In the past, industrial land use patterns have followed a typical pattern seen at the edge of urban areas, which should have good access to truck routes, hazardous material routes and railroads. To the extent possible, the City wants to discourage negative influences in these uses on the quality of community services available to the residents of the City in the future. The City is committed to the preservation of the existing land use character for the community while encouraging progressive development in the future. By encouraging industrial development at this location, the City could help reverse the economic downturn resulting from the beef packing plant's closure. Accordingly, the City's adoption of the Program Site described herein serves a public purpose and is designed to accomplish the following goals: (1) Elimination of slums and areas affected by blight; (2) Prevention of blighting influences that may have an adverse effect on the welfare of the City and the surrounding community; Ord. 16-3636 Community Development Program Amendment Page 3 of 5 395 396 (3) Elimination and prevention of conditions that are or could be detrimental to public health, safety and welfare; (4) Expansion and improvement of the quantity and quality of community services essential for the development of viable urban communities; (5) Encourage, promote and facilitate the more rational use of land; (6) Encourage, promote and facilitate the improved arrangement of residential, commercial, industrial, recreational, and other necessary activity centers for the City and the surrounding community; (7) Encourage, promote and facilitate the restoration and preservation of properties of special value for historic, architectural, or aesthetic reasons; (8) Encourage, promote and facilitate the alleviation of physical and economic distress through the stimulation of private investment and community revitalization; and (9) Meet any other urgent community development needs that the City may later identify as part of the Program. Based on the foregoing, the amendment of the adopted Program serves an important public purpose that will improve the public health, safety, welfare, and local economic opportunities for the City and its residents. SECTION 7. Effective Date. The City Council hereby adopts this Ordinance, and by doing so, amends the adopted City of Plainview Community Development Program No. 1, to include a tract of land comprising approximately 14.194 acres for a total of an approximate 96.82 acre tract of land, which shall be effective when published as required by law. SECTION 8. Severability. In the event any clause, phrase, provision, sentence or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional. The City Council of the City' of Plainview, Texas declares that it would have passed each and evey part of the same notwithstanding the omission of any part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Ord. 16-3636 Community Development Program Amendment Page 4 of 5 SECTION 9. Cumulativeness. Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter herein. SECTION 10. Conflicts. All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. PASSED AND APPROVED on first reading this 23rd day of August, 2016. PASSED AND APPROVED on second reading this 13th day of September, 2016. ATTEST: Belinda Hinojosa, Ci) i Secretary /1. APPROVED AS TO CSNTENT: Jeffrey S ► d Tir Manager APPROVED AS TO FORM: cww Leslie Spear Schmi t, City orney Ord. 16-3636 397 Wendell Dunlap, Mayo Wendell Mayo Community Development Program Amendment Page 5 of 5 398 Exhibit "A" 68.55 ACRE TRACT Being a 68.55 acre tract out of the North part of the NW/4 (as held) of Survey 35, Block JK -2, Hale County, Texas consisting of the following: (Tract A) 64.57 acres, including part of Ennis Street and turnrows along the North and East lines; (Tract B) (36th Street, from Ennis to Canyon Streets) A 2.18 acre portion out of the North part of an unrecorded 2.564 acre (60 wide tract described November 16, 1979 for future street dedication), said tract is traveled by the public, shown on city and tax maps and referenced in adjoining deeds; (Tract C) (36th Street from Canyon to Xenia Streets) A 1.8 acre portion out of the North part of an unrecorded 2.477 acre (6a wide) tract described December 1, 1981 for future street dedication, said tract is traveled by the public, shown on city and tax maps and referenced in adjoining deeds: BEGINNING at a point on the West side of a steel "I" beam (1/7 rod not recovered) in the center of County Road U, said point being the NW corner of Survey 35, Block JK -2, Hale County, Texas and the SW comer of a 1.68 acre tract out of Survey 36, Block JK -2 as recorded in Volume 765, Page 459 of the Hale County Deed Records, from which a found 1 1/< pipe bears North 2.5 feet; Thence South 1063.6 feet along the West line of Survey 35 (Ennis Street) to a 5/g rod found for the NW comer of Tract B; Thence South 60 feet to a 5/8" rod detected for the SW comer of Tract B and the NW corner of a 1.274 acre tract as recorded in Document No. 2011- 001579 OPR; Thence N. 89°54 27 E. along the South line of Tract B, at 308.2 feet pass the NE corner of said 1.274 acre tract, at 439.2 feet pass the NE corner of a 0.541 acre tract (Volume 902, Page 78 OPR), in all, 1111.67 feet to a '/Y rod set for a point of curvature in the North line of the remaining 14.037 acres of an original 14.528 acre tract (Volume 658, p.461, HCDR); Thence continuing along the Northeasterly line of said remainder and the Southwesterly line of Tract B an arc length of 424.55 feet around a curve to the right with a radius of 270 feet and a chord bearing S.4500246 E. 382.15 feet to a set's rod for a point of tangency; 399 Thence East 60 feet across Canyon Street and along the North line of a private easement recorded in Volume 994, p. 806,OPR, to a tall bent 2 pipe in concrete for a point of curvature in the West line of the Wilson 5 acre tract recorded in Volume 994, Page 804 OPR; Thence an arc length of 229.67 feet along the East line of Tract B and the West line of said 5 acres, around a curve to the left with a radius of 330 feet and a chord bearing N. 19°56' 18' W. 225.07 feet to a 3/8' rod found for the NW comer of said 5 acres and the SW corner of Tract C; Thence an arc length of 157.76 feet along the South line of Tract C and the North line of said 5 acres around a curve to the right with a radius of 200.87 feet and a chord bearing N.67°242T E. 153.74 feet to a 3/8' rod found for a point of tangency in the North line of said 5 acres and the South line of Tract C; Thence N.89°54'27'., at 365.54 feet pass the NE corner of said 5 acre tract and the NW corner of a 7.897 acre tract as recorded in Volume 711, Page 615 HCDR, in all, 1068.57 feet to a 3/8 rod found for the NE corner of said 7.897 acre tract in the West line of proposed Xenia Street; Thence N.89°54'27"E.60 feet across proposed Xenia Street to a '/Z rod set in the East line of said NW/4 for the SE corner of Tract C; Thence N.0°01' 06W. 60 feet to a '/Z rod found for the NE corner of Tract C; Thence N.0°0106W. 1063.2 feet to a 5/8' rod found for the NE corner of said NW/4; Thence S.89°55' W. 2635.51 feet to the POINT OF BEGINNING. 14.084 ACRE TRACT METES AND BOUNDS DESCRIPTION of a 14.084 acre tract of land located in Section 35, Block JK -2, Hale County, Texas, being further described as follows: BEGINNING at a'/z inch iron rod found in the Eastern boundary of a 139.2 acre tract described in Volume 843, Page 567 of the Deed Records of Hale County, Texas, at the Southwest corner of a 37.5 acre tract described in Volume 1046, Img. 2265 of the Official Public Records of Hale County, Texas and the Northwest corner of this tract which bears S. 00°01'40" W. a distance of 649.28 feet and N. 89°57'W. a distance of 2648.00 feet from the Northeast corner of section 35, Block JK -2, Hale County, Texas; THENCE S.89°52'10"E. along the Southern boundary of said 37.5 acre tract, a distance of 570.00 feet to a '/2" iron rod found at the corner of said 37.5 acre tract and the most Northerly Northeast corner of this tract; 400 THENCE S. 00°01'40"W. continuing along the Southern boundary of said 37.5 acre tract, a distance of 355.20 feet to a '/" iron rod found at an "ell" comer of said 37.5 acre tract and an "ell" corner of this tract; THENCE N.89°27'07"E., continuing along the Southem boundaries of said 37.5 acre tract and a 1.8 acre tract described in Volume 786, Page 147 of the Deed Records of Hale County, Texas, a distance of 870.10 feet to a '/z" iron rod found in the Westerly right-of-way line of Interstate Highway No.27 described in Volume 653, Page 968 of the Deed Records of Hale County, Texas, at the Southeast comer of said 1.8 acre tract and the most Easterly Northeast comer of this tract; THENCE S.41 °38'08"W., along said Westerly right-of-way line, a distance of 4.29 feet to a'/Z" iron rod found at the point of intersection; THENCE S. 45°00°07'W. continuing along said Westerly right-of-way line, a distance of 461.58 feet to a'/z" iron rod found at the Southeast corner of this tract; THENCE N. 89° 52'10"W. a distance of 1110.97 feet to a '/2" iron rod found in the Eastern boundary of said 139.2 acre tract, at the Southeast corner of this tract; THENCE N. 00°01'40"E., along the Eastern boundary of said 139.2 acre tract, a distance of 675.22 feet to the Point of Beginning. Contains: 613,504 square feet. Bearings are relative to the North line of Section 35, Block JK -2, previously surveyed and recognized as being S.89°57'E. 14.194 ACRE TRACT A 14.194 acre tract of land located in the Northeast quarter of Section 35, Block JK -2, G.C. & S.F. RR. CO. Survey, Abstract number 29, Hale County, Texas being a portion of that certain tract of land conveyed to J.A. Cate, J.A. Cate, Jr. and JerreII T. Cate described in a deed recorded in Volume 171, Page 557 of the Deed Records of Hale County, Texas, said 14.194 acre tract being further described by metes and bounds as follows: BEGINNING at a '/2" iron rod found in the West line of the Northeast quarter of said Section 35 and the East line of a 139.2 tract of land conveyed to the R. Jack James No. 2 Limited Partnership, described in a deed recorded in Volume 843, Page 567 of the Deed records of Hale County, Texas at the Sounthwest comer of a 14.084 acre tract of land conveyed to the City of Plainview, described in a special warranty deed recorded in county clerk's file number 2014-004297 of the official public records of Hale County, Texas for the Northeast corner of this tract, said beginning point having coordinates of northing: 7,504,144.87 and easting: 990,892.46, Texas Coordinates System of 1983, North Central Zone 4202, whence the Northeast corner of said Section 35 bears N. 00°42' 29" E. a distance of 1324.50 feet and N. 89° 16' W. a distance of 2648.00 feet, per calls in previous deeds; 401 THENCE S. 89° 11' 41" E. a distance of 1110.97 feet to a '/2" iron rod found at the Southeast comer of said 14.084 acre tract, in the Northwest right-of-way line of Interstate Highway 27 as described in a judgement recorded in Volume 387, Page 485 of the Deed Records of Hale County, Texas, for the Northeast corner of this tract, whence a '/2" iron rod found in the Northwest right-of-way line of said Interstate Highway 27 bears N. 45° 38' 06" E. a distance of 461.58 feet; THENCE S. 45° 38' 06" W., along the Northwest right-of-way line of said Interstate Highway 27, a distance of 1262.68 feet to a1/2" iron rod with a cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this tract; THENCE S. 47° 25' 53" W., along the Northwest right-of-way line of said Interstate Highway 27, a distance of 301.14 feet to a 5/8" iron rod found at the Southeast corner of said 139.2 acre tract for the Southwest corner of this tract, said Southwest corner having coordinates of northing: 7,503,042.73 and easting: 990,878.84, Texas Coordinate System of 1983, North Central Zone 4202, whence a 1/2" iron pipe found in the Northwest right-of-way line of said Interstate Highway 27 bears S. 47° 25' 53" W. a distance of 323.38 feet; THENCE N. 00 42' 29" E., along the West line of the Northeast quarter of said Section 35 and the East line of said 139.2 acre tract, at a distance of 754.33 feet pass a found 5/8" iron rod, continuing for a total distance of 1102.31 feet to the point of beginning. Bearings are grid bearings based on the Texas Coordinate System of 1983, North Central Zone 4202. Convergence angle is -01°45' 49" to true North bearings. Distances are at surface. '.0. 11. v: !LW I I ikii d , it p2 t .f .. ,1-. ;17.5 L; . '5. 91 .z x....1.....i ' . Eli 1 C C Exhibit "B" 403 383 RESOLUTION NO. R16-368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, CALLING TWO (2) PUBLIC HEARINGS ESTABLISHING A PLAN TO HEAR ANY AND ALL PERSONS DESIRING TO BE HEARD ON OR IN CONNECTION WITH ANY MATTER OR QUESTION INVOLVING THE AMENDMENT TO AN ADOPTED COMMUNITY DEVELOPMENT PROGRAM AS AUTHORIZED BY TEXAS LOCAL GOVERNMENT CODE ANN, SECTION 373, HEREAFTER REFERRED TO AS THE "CITY OF PLAINVIEW COMMUNITY DEVELOPMENT PROGRAM NO. 1", FOR THE PROPOSED AMENDMENT TO INCLUDE IN THE REDEVELOPMENT OF AN APPROXIMATE 82.63 ACRE TRACT OF LAND LOCATED ON THE WEST SIDE OF INTERSTATE 27 NEAR NORTH STATE HIGHWAY 194 (DIMMITT HIGHWAY) A TRACT OF LAND COMPRISING APPROXIMATELY 14.194 ACRES, ALL OF WHICH IS WITHIN THE CORPORATE CITY LIMITS OF PLAINVIEW, TEXAS, AND DIRECTING SAID NOTICE BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE CITY OF PLAINVIEW AND POSTING ON THE CITY'S WEBSITE. WHEREAS, the City Council of the City of Plainview, Texas desires to amend the City of Plainview Community Development Program No. 1 ("Program") to include a tract of land comprising approximately 14.194 acres designed to establish a sustainable, livable community center for the property located on the west side of Interstate 27 near North State Highway 194 (Dimmitt Highway), which currently consists of an approximate 82.63 acre tract of land ("Property') pursuant to Texas Local Government Code Ann., Section 373 (Vemon's 2005); and WHEREAS, part of this Property is located at Interstate 27, which is a major thoroughfare through the City; and WHEREAS, the City appropriated significant funds for the redevelopment, expansion and reconstruction of Property located West of Interstate 27 to accommodate significant industrial growth opportunities in the City as a more rational use of such land and other natural resources in this location; and WHEREAS, the expansion and improvement of the quantity and quality of community services for industrial growth opportunities at this location is essential for the development of a viable community to alleviate physical and economic distress through the stimulation of private Investment and community revitalization; and WHEREAS, the Council is committed to preserving the existing character of the community while encouraging development; and WHEREAS, the Council hereby adopts this Resolution as evidence of its plan to conduct public hearings to hear any and all persons desiring to be heard on or in connection with the proposed amendment to the City of Plainview Community Development Program No. 1 as required by Texas Local Govemment Code Ann., Section 373 (Vemon's 2005). Res. R16-368 Community Development Program Amendment Page 1 of 2 404 384 that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview I. The City Council for the City of Plainview, Texas does hereby call a first public hearing to be held on the 9th day of August, 2016 at 7:00 p.m. at City of Plainview City Hall, located at 901 Broadway, Plainview, Texas, and a second public hearing to be held on the 18th day of August, 2016 at 11:30 a.m. at the Plainview Civic Center, located at 2902 W. 4th, Plainview, Texas, at which time all persons desiring to be heard will be heard on or in connection with the proposed amendment to the "City of Plainview Community Development Program No. 1" by the City of Plainview, Texas, for the proposed redevelopment of that certain tract of land located on the west side of Interstate 27 and near North State Highway 194 (Dimmitt Highway), which will consist of an approximate 96.82 acre tract of land, in the City of Plainview, Texas. 11. The City Council further directs the City Secretary, or in her absence the Deputy City Secretary, to publish and post the notices of these public hearings pursuant to the requirements of the Open Meetings Act and Texas Local Government Code Ann., Section 373 (Vernon's 2005). PASSED AND APPROVED this 26th day of July, 2016. ATTEST: ' &L /41 Belinda Hlnojosa, City cretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Lesliigalj4llel e pear S m dt, City Attorney: Res. R16-368 &Wendell Dunlap, Mayor y Community Development Program Amendment Page 2 of 2 Exhibit "C" Plainview Herald 820 Broadway Plainview, Texas 79072 (806) 296-1300 AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, personally appeared Doug McDonough, who being by me duly sworn, deposed as follows: 1. My name is Doug McDonough. I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated. 2. I am the agent of Plainview Herald and said newspaper is regularly published and generally circulated in Hale County, Texas. 3. The attached noticewaljshed on July 405 2> Doug McD gh SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this Vd day of (Larva , 2016. CARO! RUTH McGill NOARY PUBLIC IONT 121946033 Stals of Texas Oxon. E. O4-06.2000 Notary Public, State of Texas 406 • k•4 • • • • • I:: o. 1.gv9 -a.6"..11r„e2rFro:gi 19ff•, . 10IsF.06S qorisrkog,. .4 3z p6 1 1ltFiEiim 71 1zEfreu:, .!T $'1Jeiliiinnifil.1 414-8:21i 0,12-87:6E-.