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HomeMy WebLinkAbout85-2622 ordORDTNANGE N0. $5-2622 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 82-2478 AND THE OFFICIAL ZONING MAP OF '1'f~ CITY OF PLAINVIEW, SO AS TO MAKE THE FOLLOWII~IG CHANGES ZONE CASE N0. 523: Request of V. I~1. Townsen for rezoning a tract of Iand from R-1 (Single- Family Residential) Zoning District to C.R.D. (Commercial Retail District) Zoning District being described as follows: TRACT NO. TWO (2): A TRACT OF LAND OUT OF THE SOUTHbVEST PART OF SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINI~tING at a point,- the Northwest corner of Lot 11, Block 4, Thunderbird Addition, Unit No. 5, to the Town. of Plainview, Hale. County, Texas; THENCE South 120 feet to a point; the Southwest corner of said Lot 11, Block 4, Thunderbird Addition, Unit No. 5, to the Town of Plainview, Hale County, Texas; THENCE West 60 feet to a point; THENCE North 120 feet to a point; THEi~1CE East 60 feet to the PLACE OF BEGINNING. CITY OF PLAINVIEW, HALE COU~~'TY, TEXAS, FROM R-1 to a C.R.D. ZONING DISTRICT. WHEREAS, 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, 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 lOl1F 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. 82-2478 .and the Official Zoning slap be and the same are hereby amended as follows, to-wit: ZONE CASE N0. 523: Change: TRACT N0. T4Y0 (2): A TRACT OF LAND OUT OF THE SOUTHWEST PART OF SECTION 38, BLOCK JK-2, HALE COUNTY, TEXAS, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point, the Northwest corner of Lot I1, Block 4, Thunderbird Addition, Unit No. 5, to the Town of Plainview, Hale County, Texas; .THENCE ..South 120 feet to a point; the Southwest corner of said Lot Il, Block 4, Thunderbird Addition,'Unit No. 5, to the Town of Plainview, Hale County, Texas; THENCE West 60 feet to a point; THENCE North 120 feet to a point; TI~NCE East 60 feet to the PLACE OF BEGINNING... City of Plainview, Hale County, Texas, from an R-1 to an C.R.D. 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 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 7:30 o"clock P.M., on the 22nd day of October 1985, 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 8th day of October 1985. 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 6th. day of October- 1985 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 .22nd- day of October 1985. ~' . RIDLEHUBER, Mayor ATTEST: W TER S. DODSON, ity Secretary CH E C K S H E E T F O R (4) Are p;~esent district .boundaries illogically drawn in relation to exist- ing .conditions? ' /~/~ C$ANGED CONDITIONS: ~€/~. (1) Have the basic land use conditions been .changed?~ ~ ,°,~,,~, ~;,~ ~ ,~~ ~/~~s, (2) bias development of area been contrary to existing regulations? ~,J~, PUBLIC WELFARE (1) Will change adversely influence living conditions in the neighborhood? a- t ~ 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. Every zoning amendment should be analyzed with regard to the following: A. COMPREHENSIVENESS:' (1) Is change contrary to established land use pattern?,~ (2} Would change create an isolated di-strict unrelated to similar districts9 i.e., is this "spot-zoning"? ~,~ (3} Would change alter the population density pattern aaxd thereby increase the load on public facilities (schools, sewers, or streets?) B. C. D. (2) Will change create or excessi Z O N I N G C A S E S CASE N0. 523 increase traffic congestion? ,~°~, ~ ~t (3) Will change seriously reduce the light and air to adjacent area? Jl~ (4}- Will change adversely affect property values in adjacent area? (5) Will change be a deterrent to the improvement or development of adjacent area? ~ ,,f~~ (6) Wili change. constitute a grant of a special privilege to an individual as contrasted to the general welfare? ~,~ REASONABLENESS:. (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? f~~ (3) 'Is it.impossibie to find adequate sites for the proposed use in district permitting. such use? S. _- sy~\ . ~ ~ ~ -g ~~ ~ ~ ~ -~. s - ~ ~ ~ .~ ~ _ f ~~~ ~ ps i `` ~t£ ~. ~ ,~-- ~ ~ ~ ~°~ a _~ 4 _ ~ E ~ ~ `~~ -,. a ~~ •~~ ~ ~ ~~ ~(;,, ~~ ~T _ ~ ~ ~ i ~ ~~ ~i { '! ( ~Y ~, 3 S - ~".4} .: mswa e+ ~ _ w ~. ~: ~~ ~ ~r -,_ _ -I ,: Plainview, Texas t~ctober 4, 1985 ~Ir. Bob Richards Director of Planning Gity of Plainview Plainview, Texas Dear Sirs I w©uld dike to appeal to the City Council my application to rezone Tract No 2, from R-1 to zoning district C.R.D. ' My Zone Case No. 523 was presented to the City Planning and Zoning Commission on September 26th, 1985 as Tract No l facing on 24th-Street and Tract No 2, being 60 feet by 1.20 feet facing on 25th street, Tract N:o 1 was approved but tract N_o, 2 was n©t approved for lack of ~. second to the motion to approve. No further action was taken. by the commission.-There were no objectionsfrom the public to this aPplcation.: T am up against: 'the Ei'~CO on the west side of my property,zone iVIF~i o Since their property from 24th street to 2bth street closes the alleys and 2sth street in between and my lot is adjunct to the EMCO property T feel that my application is reasonable and should be granted along with my Tract No,l. which-was approved by the commission. without any objection from the public. You :truly, V . N. Townsen ~ .. __ - ZONE CASE N0. 523. COUNCIL t:~AILING LIST WEST L-YNN SUBDIVISION Block l _ - ;Lots l - 10 Calvary Baptist Church 1613 W 24th.. Plainview, Texas Block. 2 . Lot 1 Roy. Pena 2310 Oakland - ~ Plainview, Texas 79072 .LAKESIDE ADDITION. Block 40 - 66' x 124..8 NW/C' ~ Mrs. Bobbie J. Doan 412 .Grande Dr . - Ft. Worth, Texas .76108 W 66' x.124' Lawrence B. Lowe Box .772 Plainview, Texas .79072 EBLING SUBDIVISION Lots l - 2 EMCO, Corp. - Box 1925 Plainview, ,Texas 79072 TLI[TNDERBIRD ADDITION - Unit -2 :Block 4 - Lot 1 `...Kay C. Jackson -1401 W 25th . Plainview, Texas 79072 Lot 2 Jimmie L.-Davis - - 1403 W 25th - ~ Plainview, Texas 79072 :Lot 3 Darman H. Clanton ..1405 W 25th Plainview,-Texas 79072 Unit 5 Block 4 Lot 4 Dennis Ray Martin 1407 W 25th - Plainview, Texan 79072 _ ,_ ,, ~ __ _ ZONE CASE N0. 523 CO UNCIL MAILING LIST PAGE 2 . Block-5 Lot 11 Johnny Bice 1414 W 25th Plainview, Texas 79072 Lot 12 _ `Gary B: McAninch 1416-W 25th -"Plainview, Texas 79072 Lot 13 Edwiri Paul Mobley .1418 jY 25th Plainview, Texas 79072 Lot 14 Belk ~ Hanna _- Box 179 Plainview, Texas 79072.- • JK- 2 38 _ Out of SW/4 W/2 ~ Charles Vanderpool Tract No. 32 1.75 acres 1406 W 24th 1406 W-24th Plainview, Texas . 79072 163' x 434.64' Tact ~ V: N. Townsen 1600.W 24th _ < , Plainview, Texas 79072 , . 60' x 120' Tract ~ V: N: Townsen . 1600 W. 24th.. :. ~ - -Plainview, Texas 79072 , 76' x-30.5' Tr. out of~SW/4 _ EMCO,_Corp. beginning 295'E 'F 3O.N of SW/C Box 1925 SW;~/ l/4 ,. ;Plainview, Texas. .. _ 79072 12..695 Acres tr. out SW/C - Eta"CO, Corp, of SW 1/4 Box 1925 Plainview, Texas. .79072 1.833 Ac. out of SWJ4~ EMCO, Corp. - 430' x I.85.7'~ Box 1925. . Plainview, Texas 79072 60' Belk $ Hanna Box 179 - Plainview, Texas 79072. :. _-. - _ - ____ _ .:_ .-- I ~ .. a C H E C K S H E E T F O R Z O N I N G C A S E S CASE N0. 523 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. Every zoning. amendment should be analyzed with regard to the following: A. COMPREHENSIVENESS:' (l) 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?j B. C. D, (~) Are :present district boundaries illogically .drawn in relation to exist- ing conditio::~? CHANGED CONDITIONS s ~ __~ , ~ _ ~~ _ (1) Have the basic land use conditions been changed? (2) Eias developmenfi of area been .contrary to existing., regulations? PUBLIC WELFARE (1)' Will change adversely influence living conditions in the neighborhood? (2) Wi1i 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 imprc~vQ:ewt e< development of adjacent area? (6) Will change constitute a-giant of a special privilege to an individual as contrasted to-the general welfare? REASONABLENESS:. (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?