HomeMy WebLinkAbout85-2626 ord,,
ORDINANCE NO. 85-2626
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 82-2478
OFFICIAL ZONING MAP -0F THE CITY OF PLAINVIEW, SO AS
FOLLOWING CHANGES:
ZONE CASE NO. 525:
AND THE
TO MAKE THE
Request of Rex Ramsower for rezoning two (2}.tracts of land
totaling 6.048 acres from R-1 (Single-Family Residential) Zoning
District. to C.R.D. (Commercial Retail District) Zoning District
for commercial .uses anddescribed as follows:
Tract 1: From R-1 to C.R.D. Zane:
Interstate Highway No. 27;
.Being a 1.27 acre tract (55,303 square feet}, out of the
northeast part of Survey No. 27, Block JK-2, Hale County, Texas:
COMMENCING at a l/2 inch steel rod set in the intersection. of
the west line of an alley and the north line of 16th Street as
dedicated in Volume 462, page 437 of the Hale County Deed Records,
said intersection being 20 feet N. 56°09'53"W. of the southwest
corner of Lot 10, Watergate Addition, Unit No. 1, Plainview,
Texas;
Thence Northeasterly along the west line of said alley an arc
length of 231.41. feet around a curve. to the right having a radius
point bearing 5.55°18'25"E. 2,504.93 feet, a central angle of
5°17'35", and a chord bearing N.37°20'22"E. 231.33 feet to a 1/2
inch steel rod set for the most easterly corner of a 1.17 acre
tract (Proposed Watergate Addition, Unit No. 2) and the POINT OF
BEGINNING. of the herein described tract;
Thence Northeasterly continuing along the west line of said
alley an arc length of 219.19 feet around a curve to the right.
having a radius point 'bearing S. 50°00''50"E. 2,504.93 feet, a
central angle of 5°00'.50", and a chord: bearing N.42°29'35"E.
219.13 feet to a point of tangency;
Thence N.45°E. 34.96 feet along the west line of said alley
to a 3/8 inch steel rod found for the most southerly corner of a
0.0521 acre tract as recorded in Volume 636, .page 421 of the Hale
County Deed Records;
Thence N. 45°W. 210 feet along the southwesterly line of said
0.0521 acre tract, the northeasterly line of a 0.0663 acre tract
as recorded in Volume 636, page 423 of the Hale County Deed
Records, and the southwesterly line of a 0.0142 acre tract as
recorded in Volume 636, page 421 of the Hale County Deed Records
to a 3/8 inch steel rod found in the easterly right of way line of
Thence S. 45°W. 34.9.6 feet to a point of tangency;
Thence Southwesterly along the easterly right of way line of
said highway an arc length of 237.57 feet around a curve to the
left having a radius point bearing S. 45°E. 2,714.93 feet, a
central angle of 5°00'50", and a chord bearing S. 42°29'35"W.
237.50 feet to set 1/2 inch steel rod;
Thence S. 50°00'50"E. 210 feet along the northeasterly line
of said 1.17 acre tract to .the POINT OF BEGINNING and containing
1.27 acres.
Tract 2: From R-1 to C.R.D. Zone:
Being a 4..778 acre tract out of Survey No. 27, Block JK-2
Hale County, Texas, said tract being bounded on the south by a
projection of 14th Street, on the East by an alley west of Block
25, Brock Addition, Unit No. 10, on the North by 16th Street, and
on the West by Interstate Highway No. 27:
COMMENCING at the southeast corner of Survey No. 27, Block
JK-2, Hale County, Texas;
Thence S. 89°16'40"W. 1,970.03 feet along the south line of
said survey to the southwest corner of said Brock Addition, .Unit
No. 10;
Thence .North 2,009.06 feet along the west line of said
addition to a 3/8 inch steel rod in the north line of 14th Street
for the POINT OF BEGINNING of the herein described tract;
Thence Northeasterly an arc length of 345.49 feet along the
.west line of said addition around a curve to the .right having a
radius point bearing East 976.10 feet, a central angle of
20°16'47", a tangent of 174.57 feet, and a chord bearing N.
10°0$'23"E. 343.69 feet to a 3/8 inch steel rod at a point of
compound curve;
Thence Northeasterly an arc length of 555.15 feet continuing
along the. west line of said addition around a curve to the right
having a radius point bearing S. 69°43'13"E. 2,504.93 feet, a
.central angle of 12°41'53", a tangent of 278.72 feet, and a chord
bearing N.26°37'43"E. 554.01 feet to a 3/8 inch steel rod in the
south right of way line of 16th Street.
Thence N. 56°09'53"W. 210.02 feet along the south line of
16th Street to a 3/8 inch steel rod in the east right of way line
of Interstate Highway No. 27;
Thence Southwesterly along said highway right of way line an
arc length of 1,032.46 feet around a curve to the left having a
radius of 2,714.93 feet., a central angle of 21°47'20", a tangent
of 522.54 feet, and a chord bearing S. 22°08'58"W. 1,026.25 feet
to a 3/8 inch steel rod in a projection of the north right of way
line of 14th Street;
Thence East 252.56 feet along said projection to the POINT OF
BEGINNING and containing 4.778 acres. And located in the 1400 and
1600 Blocks of Interstate No. 27
CITY OF PLATNVIEW, HALE COUNTY, TEXAS, FROM R-1 TO A CRD ZONING
DISTRICT.
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
WHEREAS, Rem Ramsower, prior to the consideration of this
ordinance by the City Council, requested that the following
restrictions be included as a part of his request for a CRD
(Commercial Retail District) Zoning District and that such
restrictions be included as a part of said zoning designation:
1. Prior to the issuance of a certificate of occupancy by
the City of Plainview, Texas, the owner of all or any
portion of the above described tracts of land shall:
(a) Construct a masonary fence not .less than 6'8" in heighth
along the east boundary line of the tract or tracts
which the owner desires to occupy. The masonary fence
shall be constructed with such openings as is necessary
to comply with all City ordinances. Said opening shall
be equipped with gate or gates. Each gates or gates
shall be constructed in compliance with all City
ordinances.
(b} Any building constructed on the above described tracts
of land shall have no openings on that portion of the
building which faces the alley east of said tracts of
land except for such windows, doors, and other openings
as are constructed on .the ground-floor level of each
building.
(c) No structure shall be constructed closer than 25 feet
from th.e east boundary line of .the above described
tracts. of land and no structure shall be placed in the
25-foot setback area from the east boundary line of the
above described tracts.
(d) The area between any building constructed on the
premises and the masonary fence to be constructed
along the east boundary line of the above described
tracts shall be paved.
(e} All exterior lighting shall be shielded in such a manner
as to protect the residences located on the property
adjoining the above described tracts of land to the east
so as to prevent direct glare of such lighting.
2. The following uses of land as designated in the CRD
(Commercial Retail District) Zoning District of the Zoning Code of
the City of Plainview, Texas shall not be permitted or authorized
on the tracts of land described herein:
(a) Bowling Alley
(b) Golf driving range (business permitted outside. of
building)
(c) Dance Hall (Commercial)
(d) Gasoline or automotive service or car wash
(e) Eating place providing auto service
(f} Ice manufacturing establishment (plant)
(g} Pawn Shop
(h} Skating rink, Commercial
(i} Taxidermist
(~} Trailer sales or rental (for use with private passenger
automobiles}
(k} No alcoholic beverages sold or served
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 Plainview Daily Herald more than fifteen (15}
days prior to the .date of the :Public Hearing according to said
notice was 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
Map be and the same are hereby amended as follows, to-wit:
ZONE CASE NO. 525:
Change:
Tract 1: From R-1 to C.R.D. Zone:
Being a 1.27 acre tract (55,303 square feet}, out of the
northeast part of Survey No. 27, Block JK-2, Hale County, Texas:
COMMENCING at a 1/2 inch steel rod set in the intersection of
the west line of an alley and the north line of 16th Street as
dedicated in Volume 462, page 437 of the Hale County Deed Records,
said intersection being 20 feet N. 56°09'53'W. of the southwest
corner of Lot 10, Watergate Addition, Unit No. 1, Plainview,
Texas;
.Thence Northeasterly along the west. line of said alley an arc
length of 231.41 feet around a curve to the right having a radius
point bearing 5.55°18'25"E. 2,504.93. feet, a central angle of
5°17'3'5", and a chord bearing N.37°20'22"E. 231.33 feet to a 1J2
inch steel rod set for the mast easterly corner of a 1.17 acre
tract (Proposed Watergate Addition, Unit No. 2) and the POINT OF
BEGINNING of the herein described tract;
Thence Northeasterly continuing along the west line of said
alley an arc length of 219.19 feet around a curve to the right
having a radius point bearing S. 50°00'50"E. 2,504.93 feet, a
central angle of 5°00'50", and a chord bearing N.42°29'35"E.
219.13 feet to a point of tangency;
Thence N.45°E. 34.96 feet along the west line of said alley
to a 3/8 inch steel rod found for the most southerly corner of a
0.0521 acre tract as recorded in Volume 636, page 421 of the Hale
County Deed Records;
Thence N. 45°W. 210 feet along the southwesterly line of said
0.0521 .acre. tract, the northeasterly line of a 0.0663 acre tract
as recorded in Volume 636, page 423 of the Hale .County Deed
Records, and the southwesterly line of a 0.0142 acre tract as
recorded in Volume 636, page 421 of the Hale Deed Records to a 3/8
inch steel rod found in the easterly right of way line of
Interstate Highway No. 27;
Thence S. 45°W. 34.96 feet to a point of tangency;
Thence Southwesterly along the easterly right of way line of
said highway an arc length of 237.57 feet around a curve to the
left having a radius point bearing S. 45°E. 2,714.93 feet, a
central angle of 5°00'50", and a chord bearing S. 42°29'35"W.
237.50 feet to set 1/2 inch steel rod;
Thence S. 50°00'50"E. 210 feet along the northeasterly line
of said 1.17 acre tract to the POINT OF BEGINNING and containing
1.27 acres.
Tract 2: From R-1 to C.R.D. Zone:
Being a 4.778. acre tract out of Survey No. 27, Block JK-2
Hale County, Texas, said tract being bounded on the south by a
projection of 14th Street, on the East by an alley west of Block
25, Brock Addition, Unit No. 10, on the North by 16th Street, and
on the West by Interstate Highway No. 27:
COMMENCING a.t the southeast corner of Survey No. 27, Block
JK-2, Hale County, Texas;
Thence S. 89°16'40"W. 1,970.03 feet along the south line of
said survey to th.e southwest corner of said Brock Addition, Unit
No. 10;
Thence North 2,009.06 feet along the west .line of said
addition to a 3/8 inch steel rod in the north line of 14th Street
for the POINT OF BEGINNING of the herein described tract;
Thence Northeasterly an arc length of 345.49 feet along the
west line of said addition around a curve to the right having a
radius point bearing East 976.10 feet, a central angle of
20°16'47", a tangent of 174.57 feet, and a chord bearing N.
10°08.'23"E. 343.69 feet to a 3/8 inch steel rod at a point of
compound curve;
Thence N. 56°09'53"W. 210.02 feet along the south line of
16th Street to a 3/8 inch steel rod in the east right of way line
of Interstate Highway No. 27;
Thence Northeasterly an arc length of 555.15 feet continuing
along the west line of said addition around a curve to the right
having a radius paint bearing S. 69°43'13"E. 2,504.93 feet, a
central angle of 12°41'53", a tangent of 278.72 feet, and a chord
bearing N.26°37'43"E. 554.01 feet to a 3/8 inch steel rod in the
south right of way line of,l6th Street;
Thence N. 56°09'53"W. 210.02 feet along the south line of
16th Street to a 3/8 inch steel rod in the east right of way line
of Interstate Highway No. 27;
Thence Southwesterly along said highway right of way line an
arc length of 1,032.46 feet around a curve to the left having a
radius of 2,714.03 feet, a central angle of 21°47'20", a tangent
of 522.54 feet., .and a chord bearing S. 22°08'58"W. 1,026.25 feet
to a 3/8 inch steel rod in a projection of the north right of way
line of 14th Street.;
Thence East 252.56 feet along said projection to the POINT OF
BEGINNING and containing 4.778 acres. And located in the 1400 and
1600 Blocks of Interstate No. 27
City of Plainview, Hale County, Texas, from an R-1 to a CRD Zoning
District. From the. date of this Ordinance, said lot, tract and a
parcel of land described shall be and hereby be changed to the
Zoning District indicated and the official Map is amended in
accordance herewith with the following restrictions as provided
herein:
1. Prior to the issuance of a certificate of occupancy by
the City of Plainview, Texas,. the owner of all or any
portion of the above described tracts of land shall:
(a} Construct a masonary fence not less than 6'8" in heighth
along the east boundary line of the tract or tracts
which the owner desires to occupy. The masonary fence
shall be constructed with such openings as is necessary
to comply with all City ordinances. .Said opening shall
be equipped with gate or gates. Each gates or gates
shall be constructed in compliance with all City
ordinances.
(b) Any building constructed on the above described tracts
of land shall have no openings on that portion of the
building which faces the alley east of said tracts of
land except for such windows, doors, and other openings
as are constructed on the ground floor level of each
building.
(c) No structure shall be constructed closer than 25 feet
from the east boundary line of the above described
tracts of land and no structure shall be placed in the
25 foot setback area from the east boundary line of the
above described tracts.
(d) The area between any building constructed on the
premises and the masonary fence to be constructed
along the east boundary line of the above described
tracts shall be paved.
(e} All exterior lighting. shall be shielded in such a manner
as to protect the residences located on the property
adjoining the above described tracts of land to the east
so as to prevent direct glare of such lighting.
2. The following uses of land as designated in the CRD
(Commercial Retail District) Zoning District of the Zoning Code of
. ~
the City of Plainview, Texas shall not be permitted or authorized
on the tracts of land described herein:
(a) Bowling Alley
(b) Golf driving range (business permitted outside of
bui lding~ )
(c) Dance Hall (Commercial)
(d) Gasoline or automotive service or car wash
(e) Eating. place providing auto service
(f) Ice manufacturing establishment (plant)
(g) Pawn Shop
(h) Skating rink,~Commercial
(i) Taxidermist
(j) Trailer sales or rental (for use with private passenger
automobiles)
(k) No alcoholic beverages sold or served
No .building permit or certificate of occupancy shall be
issued by the City of Plainview, Texas, which permits or
authorizes any of the above designated uses on the tracts of land
described herein.
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 Ha11 in Plainview, Texas, at 7:30 o'clock pm, on the 26th day
of November, 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 12th day of November, 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 10th day of November, 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
November, 1985.
ATTEST:
reading this, the 26th day of
l
. V. RIDLEHUBER, Mayor
~.~ ~ ~~~
WALTER S: DODSON, City ecre ary