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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.