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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