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HomeMy WebLinkAbout85-2607 ord ORDItdAiJCE N0. 85-2607 AV QRDINANCE A~~IENDI}iG ZONIi~JG ORDINAi;JCE NO. 82-2478 AND THE OFFICIAL ZONING MAP OF THE CITY OF THE CITY OF PLAIiJVIEW SO AS TO ~1AKE THE FOLLOWIfdG CHANGES: ZOiVE CASE N0. 517: Request of G. E. Douglass on behalf of Louisiana Nursing Homes, Inc. for rezoning a 1.156 acre tract of land from an R-1 (Single-Family Residential) Zoning District to an C.R.D. (Commercial Retail District) Zoning District, being described as follows: Being a 1.156 acre tract (50-,336 Square-feet) out of the northeast quarter of Survey No, 28, Block JK-2, Hale County Texas: BEGINNI~JG at the southwest corner of Revised Grandview Addition as recorded in Volume 462, page 297 of the Hale County Deed Records, said corner being at the intersection of the south right of way line of Grandview Drive and the east right of way line of Interstate Highway ~Jo. 27, and also being 864.5 feet North and 2.,264.23 feet West of the southeast corner of the northeast quarter of Survey iVo. 2U, Block Jig-2, Hale County, Texts; Thence 5.70 09'E. 380 feet along the south right of way line. of Grandview Drive and said addition to a point 100 feet (d.70°09't~l. of the northwest corner of lot 13, of said addition; Thence :S.1~o51'W. 140 feet to a point;. Thence N.70 09'W. 339.09 feet to a point in the east righ t of way line of seaid highway; Thence N.3 33'33"E. 145.86 feet along the east right of way line of said highway to the POINT OF BEGIPINING and containing 1.156 acres. For commercial uses and located at 3621 - 3633 Grandview Drive. 'CITY OF PLAT}dUIEW, HALE COUNTY, TEXAS, FP.Oi'l R-1 (Single-Family Residential) Zoning District TO A C.R.D. (Commercial Retail District) ZONIrdG DISTRICT. IaHEREAS, the proposed change in Zoning Districts as hereinafter made has been duly..presented to the Planning and Zoning Commission for its recommenda- tion 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, W}{EREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and f~1ap, have. been fully complied with, as well as giving notices provided by Article 1011E 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,Hali, 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 P1ap be`amended in the manner hereinafter set forth in the body of this Ordinance; NOW THE REFORE: BE IT ORDAINED BY THE CITY COU~JCIL OF THE CITY OF PLAINUIEW: SECTION 1. That Ordinance No. 82-2478 and the Official Zoning Map be anal the same are hereby amended as follows, to-wit: ZONE CASE N0. 517: Change a 1.156 acre tract of land being described as follows: Being a 1.156 acre tract (50,336 `square feet) out of the northeast quarter of Survey No: 23, Block JK-2, Hale County Texas: BEGINNING at the southwest corner of Revised Grandview Addition as recorded in Volume 462, page 297 of the Hale County Deed Records, said corner being at the intersection of the south right of way line of Grandview Drive and the east right of way line of Interstate Highway No. 27, and also being: 864,5 feet North and 2,264.23 feet West of the southeast corner of the northeast quarter of Survey No. 28, 6Tock JK-2, Hale County.,.Tex~s Thence S.70 09'E-. 380 feet along the south right of way line of Grandview Drive and said addition to a point 100 feet N.70o09'W. of t'h~ northwest corner of lot 18, of said addition; Thence S.19 51'W. 140 feet to a point; Thence iV.70o09'W. 339.09-feet to a point in the east right of way line of braid highway; T Thence N.3 33'33°E. 145.86 feet along the east right of way line of said highway to the POINT OF BEGI~~NING and containing 1.156 acres. For commercial uses and located at 3621 - 3633 Grandview Drive. City of Plainview, Hale County, Texas from an R-1 (Single-Family Residential) to a C.R.D. (~ommerciaT Retail District) Zoning District. From the date of this prdinance, said lot,-tract and parcel of .land described shall be and hereby be changed 'to the Zoning District indicated and the official ~~lap is arnended in accordance herewith. SECTLON 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 DaiYy Herald, a daily newspaper of general circulation in the City of Plainview, Texas, a notice that a public hearing shall, be held in the Council Chamber of the City Hall in Plainview, Texas,. at o'clock P.M., on the. day of 19_, 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 lOth'day oi= September , 19 85 PASSID on second and final reacting, this the 4th day of September,. 1985 ~ ~ A~-'l' ; ~ dJ ~ ~ - E . V . RIDT FiiTTRF.R ~ Mayor CHECK SF3fEET FO.R ZQNING CAS ES _ CASE N0. 517 There 'must be cflmpeling 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 p.rofi:t or ..income from his property. Every zoning amendu~ent should be analyzed with regard to the following: A. COiti1PREHENSIVENESS: " -(1) . Is change contrary to established land ..use pattern? JUQ (2} Would change create an isolated district unrelated to similar districts, i.e.:, is this ''spit zoning„ /,1d - ,(3) :Would change alter,-the population densty'pattern and thereby increase. the l®ad on publid faci:Ities (schools, sewers, or streets?) - r~ ~ '~ (4) Are present district boundaries illogically-drawn in relation to exist- `ing conditions? ~o ~. i..i`iLSLUElii;lirL~iiL.~iS: (1) Have he basic ianid use conditions been changed? /V Q (2) Has development ofi area been'-contrary to existing regulations?_~p . C. PUBLIC WELFARE (I)' Will change..advers~ely influence living conditions in the neighborhood? IV 0 (2) Will change createlor excessively increase traffic congestion? " I (3) Will. change seriou~iy reduce the light and air.to adjacent area? (4) Will change"advers~ly affect property values in adjacent area? /~O (5) Will change be a:~dl~eterrent to the improvement or development of adjacent area? ~ ~~ (6) Will-change constiieute a grant~of a special privilege to an individual as contrasted to the eneral welfare?_~,EJ.p D. REASONABLENESS: (1) Are there substant~.ai reasons why .the property cannot be u ed in :accord with, existing zoning?~(, ~ ,.. ~~ Q~~„_~ ~ ,^~ ,~ T (2) Zs he 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 uch use?_ ~~