HomeMy WebLinkAbout79-2330 ordORDINANCE NO. 79-2330
AN ORDINANCE A34ENDING ZONING ORDINANCE NO. 77-2090 AND THE OFFICIAL
ZONING MAP OF THE CITY OF PLAINVIEW SO AS TO MAKE TIlE FOLLOWING CHANGES
ZONE CASE NO. 420: Request of 8ill Cartwright 'for rez0ning a 3.23 acre tract out of
the Southeast part of Section 35, Block JK-2, Hale County, described by metes and bounds
as follows: BEGINNING at mpoim~1.80 feet..WestLand 30 feet North of the Southeast
corner of said Section 35; THENCE Nor~-h~-i~o~"fei~t~ to a point; THENCE East 150 feet
to a point; THENCE North 394 feet to a point; THENCE West 300 feet to a point;
THENCE South 54z[ feet to a point; THENCE East 150 feet to the Place of Beginning,
and located at 2401 Quincy Street.
CITY OF PLAINVIEW, HALE COUNTY, TEXAS, FROM
L-1 Z@NING DISTRICT_.
C-2 Zone TO A
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 was 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
the 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. 77-2090 .and the Official Zoning Map
be and the same are hereby amended as follows, to-wit:
ZONE CASE NO. 420 : Change a 3.23 acre tract out of the Southeast part
of Section 35, Block JK-2, Hale County, described by metes and bounds as indicated
above, a~d being located at 240] Quincy Street,
city of Plainview, Hale County, Texas, from a C-2 to a
L-I Zoning District. 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. Upon passage of this Ordinance on first reading, the
City Secretary be and is hereby authorized and directed to cause to
have published in the Plainview Daily Herald, a daily newspaper of
general circu]Lation in the City of Plainview, Texas, a notice that
a public hearing will be held in the Council Chamber of the City
Hall in Plainview, Texas, at 7:30 o'clock p. .m., on the
24t~ day of Jul~.~2 , 1979, to permit the public to be heard
prior to consideration of this Ordinance for second and final reading,
said publication to be made more than fifteen (15) days prior to the
time designated for such public hearing.
PASSED on first reading this, the
1979.
24-th day of July
A notice of time and place where and when said Ordinance would be
given a public hearing and considered for final passage was published
in the Plainview Daily Herald, a daily newspaper of general circulation
in the City of Plainview, Texas, said publication being on the
day of , 1979, the same being more than
fifteen (15) days prior'to the time designated for said hearing.
After such opportunity for the public to be heard, said ordinance
was passed on second and final reading.
PASSED on second and final reading this, the ]4th
. August , 1979.
day of
~J~. ~bert W~yland -~{ayor ~
ATTEST:
Walter S..Dodson, City Secretary
COUNCIL HEARING
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 Mayor and City Council will hold a public hearing on the 14th
day of AUGUST 19 79 , at 7:30 O'clock P.M., in the Counc~-iI--
Chamber of the City Hall, 901 Broadway, Plainview, Texas, to consider
the recommendations made to it by the City Planning Commission concern-
ing the following described property and at said hearing all interested
persons will be given an opportunity to be heard.
ZONE CASE NO. 420:
Request of Billy R. Cartwright, acting as agent and for owner, E. B.
Noel, for rezoning a 3.23 acre tract out of the Southeast part of
Section 35, Block JK-2, Hale County, described by metes and bounds
as follows:
BEGINNING at a point 180 feet West and 30'feet North of the
Southeast corner of said Section 35;
THENCE North 150 feet to a point;
THENCE East 150 feet to a point;
THENCE North 394 feet to a point;
THENCE West 300 feet to a point;
THENCE South 544 feet to a point;
THENCE East 150 feet to the Place of Beginning,
from a C-2 Zone to a L-1 Zone for Industrial Use, located at 2401
Quincy Street.
C HF. CK SHEET FOR Z O N I N G C A S E S
CASE NO.
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 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°
me
Every zoning amendment should be analyzed with regard to the following:
COMPREHENSIVENESS:
(1) Is change contrary to established land use pattern?
(2) Would change create an isolated district unrelated to similar districts,
i.e., is this "spot zoning"?
(3) Would change alter the population density pattern and thereby increase
the load on public facilities (schools, sewers, or streets?).
(4) Are present district boundaries illogically drawn in relation to exist-
lng conditions? .
CHANGED CONDITIONS: ~- _
(1) Ha~e the basic land use conditions been changed?
(2) ~[as developmen~ of area been contrary to existing regulations?
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 chm~ge adversely affect property values in adjacent area?
(5) Will change be a deterrent to the improvement or development of adjacent
area?
Do
(6) Will change constitute a grant of a special privi%ege to an individual as
contrasted to the general welfare?
REASONABLENESS:
(1) Are there substantial reasons why theproperty 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) Ils it impossible to find adequate sites for the proposed use in district
permitting such use?
J. ROBERT WAYLAND
~AYOR
COUNCILMEN
JEANE BROWNING
MEDLIN CARPENTER
LLOYD C. WOODS
TOM ALMON
A. WILLIAM SORELLE, JR.
JOHN HATCHEL
CITY MANAGER
TOM HAMILTON
CITY ATTORNEY
WALTER S. DODSON
CITY CLERK
WM. R. HOGGE. P.E.
DIRECTOR
MUNICIPAL PUBLIC WORKS
HAROLD GLADMAN
DIRECTOR
MUNICIPAL PLANNING AND
DEVELOPMENT
JOHNNIE BALLEW
D~ECTOR
MUNICIPAL SAFETY AND
ENVIRONMENT
NORMAN HUGGINS
DIRECTOR
FINANCE
ALAN STEWART
DIRECTOR
MUNICIPAL POLICE SERVICES
JOE FERGUSON
DIRECTOR
blUNIClPAL FIRE SERVICES
'TEE OlT'T' il~P
P. O. BOX 1870 e PLAINVIEW, TEXAS 79072
PHONE 806 293-417I
July 16, 1979
Honorable City Council
City of Plainview
P. O. Box 1870
Plainview, Texas
RE: Zone Change Application o'f Billy R. Cartwright
Zone Case No. 420
Gentlemen:
Pursuant to the request of the City Council regarding the above
case, the Planning and Zoning Commission Board met on July 16,
1979, at 4:00 P. M. in the Ci~ Council Chambers for the follow-
ing purposes:
To determine if Billy R. Cartwright owned an interest in
the property in question and was acting on behalf of the
record owner at the time that the application for a Zone
Change was made.
e
To determine if the notices were properly given regarding
the Hearing on the Zone Change Application as required by
City Ordinance #77-2090.
The Board, after examining the file regarding this case, has
made the following determination:
Billy R. Cartwright is the owner of an interest in the
above described property as noted by Contract of Sale of
E. B. Noel and Billy R. Cartwright dated February 6, 1979.
E. B. Noel has authorized Billy R. Cartwright to act in
his behalf as agent in handling the Zone Case Application.
Notices were properly mailed and published prior to the
Hearing on the above referred to case as required by
Ordinance #77-2090 of the City of Plainview, Texas.
Ti Tierson, Chairman
Planning and Zoning Commission Board
XC '
Harold Gladman, Director of Planning
Tom Hamilton, City Attorn6~
Billy R. Cartwright
E. B. Noel
ZONE HEARING
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 Commission will hold a public hearing on the
31st day of MAY 19 79 , at 7:30 O'clock P M., in
the Council Chamber of the City hall, 901 Broadway, Plainview~ Texas, to
consider the recommendations it will make ILo the City Council concerning
the following described property and at said hearing all interested per-
sons will be given an opportunity to be heard.
ZONE CASE NO. 419:
Request of Tim Johnson t6 rezone a 1.077 acre tract out of a 2.822 acre
tract out of the N. E. 1/4 of Survey No. 213, Block JK-2, Hale County,
Texas, and described as follows:
BEGINNING at a 5/8 inch steel rod 939.1 feet north and 383.58 feet
west of the S.E. corner of the N. E. 1/4 of Survey No. 28, Block
JK-2, ~ale County, Texas said rod being the intersection of the
south~'right-of-way line ~f U. S. Highway No. 70 and the west ri§hr-
of-way line of Grandview Drive, and also being the N. E. corner of a
2.822 acre tract and a corner of Revised Grandview Addition, as
recorded in Vol. 462, Page 297, of the Hale County Deed Records;
THENCE 1II.70°09IW., 175.21 feet along the south right-of-way line
of U. S. Highway No. 70, to a point;
THENCE S.2°O0'O0"W., 312.45 feet to a point;
THENCE S.88°00'00"E., at 10.0 feet pass the S. W. corner of a cinder
wall, continuing along said wall and its projection, in all 168.11
feet to a point in the west right-of-way line of Grandview Drive;
THENCE North, 214.49 feet along said Drive to a point of curvature;
THENCE Northeasterly, 45.04 feet along said Drive around a curve to
the r~ght, having a radius of 130.0 feet, a central angle of 19°51'
and a bearing !~.9°55'30"E., 44.81 feet to the POINT OF BEGINNING
and containing 1.077 acres,
to be zoned to a Specific Use (Supper Club) and located in C.R.D. Zone at
330101ton Road.
ZONE CASE NO. 420:
Request of Bill Cartwright for rezoning a 3.23 acre tract out of the South-
east part of Section 35, Block JK-2, Hale County, described by metes and
bounds as follows:
ZONE CASE NO. 4,20, cont'd.
BEGII'INING at a point 180 feet West and 30 feet north of the
Southeast corner of said Section 35;
THENCE North 150 feet to a point;
THENCE least 150 feet to a point;
THENCE North 394 feet to a point;
THENCE West 300 feet to a point;
THENCE South. 544 feet to a point;
THENCE East 150 feet to the Place of Beginning,
from a C-2 Zone to a L-I Zone for Industrial use, located at 2401 Quincy
street.