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HomeMy WebLinkAbout85-2627 ord ORDTNANCE N0. $5-2627 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 82-2478 AND THE OFFICIAL ZONING MAP OF THE CITY OF PLAINVIEW, SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE N0. 526: Request of Onofre Hinojosa for rezoning the West 40 feet of Lot 1, Block 58, Original Town Addition from an MF-2 (Multiple-Family Residential} Zoning District to wn C.R.D. (Commercial Retail District) Zoning District for commercial uses and located at 504'East 4th Street. CITY OF PLAINVIEW, HALE COUNTY, TEXAS,. FROM MF-2 to a C.R.D. ZONING DISTRICT. WHEREAS, the proposed chaxnge in Zoning'Districts as hereinafter made has been duly presented to the Planning and Zoning Commission for its recommenda- tion which was received by the City Council, and after due consideration, the City Council of the City of Plainview finds that for the orderly growth of the City making the proposed change as hereinafter set out will be in the public interest which creates an emergency; and, WHEREAS, all conditions precedent required by law-for a valid amendment to the Zoning Ordinance and Map, have been. fully comp]Lied-with, as .well as giving notices provided by Article 1011F Vernon's Annotated Civil Statutes- Amended, 1953, and notice was duly published in the Plainview Daily Herald more than fifteen (15) days prior to t$e 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 Map be and the same are hereby amended as follows, to-wit: ZONE CASE N0. 526: Change the West 40 feet. of Lot I, Block 58, Original Town Addition from an MF-2 (Multiple-Family Residential). Zoning District to an C.R.D. (Commercial Retail District) Zoning District for commercial uses and located at 504 East 4th Street. City of Plainview, Hale County, Texas, from an MF-2 to an C.R.D. Zoning District. From the date of this Ordinance, said lot, tract and parcel of land described sha11 be and hereby be changed to the Zoning District indicated and the official Map is amended in accordance herewith. M ' SECTION 2. Upon. passage of this Ordinance on first reading, the City Secretary be and is hereby authorized and directed to cease 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_n Plainview, Texas, at 7:30 o!clock P.M., on the 10th day of November, X985, 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 reading this, the 26th day of November, 1985. /A s Q' E': V, RTDLEHUBER, Mayor C K E C K S H E E T FOR Z 0 N`I N G GAS E S CASE N0. 526 There must be compelling reasons for. any ,zoning amendment which area. 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 abjection 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? ,No (2) Would change create an isolated district unrelated to similar dstricts9 i. e., is this.."spot .zoning"? No (3) Would change alter the population density pattern and thereby increase .the i,oad on public fa lines (school ers, or'streets?j No ~~usiness ~s exas~~ir~~~' (4) Are present district .boundaries illogically drawn in relation. to exist- ingconditions.? Np Bo CH~i3t1ED CONDITIONS t' (.1) Have the basic land use conditions been changed? NO {2) Ids developmea~t~~of area°been contrary to existing regulations? No (Business-is existing) `" C. PUBLIC WELFARE c •~ (1) Will change adversely influence living conditions in the neighborhood? m No w ~'~ (2) Will change create or excessively increase traffic congestion? +.> o No N~ •x N (3) Will change seriously reduce the light and air to adjacent area? w ~ No ~~ ~ o •r •r (4) Will change a~dve-rselyaffect property va3ues in adJacentarea? 5-..,r ~" No O 'C3 ~ ¢~ {5) Will change be a deterrent to the iuprovement or development ofadjacent o N c~ ~ area? o . ~ m z z {b) Will change ~. -_._._u~e a flL~:_t ~f aspecial privilege to an individual as contrasted to the general welfare? No D. REASONABLENESS: {1) Are there substantial reasons why the. property cannot be used .in accord with existing zoning? Yes (Is a non.".conforming. use) (2) Is the change requested out of scale with the needs of the neighborhood ®r the City;? N0 (3) Is it impossible to find adequate sites for the-proposed use in district permitting such use? ~ (But to expand existn building zone change is necessary: _ __ _ _ I I _ . - CHECK SHEET FOR ZONING CASE S CASE N0,` 526 There must be compelling reasons for any zoning amendment which are substantially related to the public welfare az~d necessity, It is not sufficient. that an applicant for.. an ame:admcnt to the Zoning ordinance merely show that there is no'neighborhnad'obJection to a request amendment; nor is it sufficent_that an applicant show that the.. amendment: would enable hiL, to gain a greater pri~ft or income',from,his groperty. Every zoning amendment should be analyzed with regard to the'foll©wing: A: CC3MPRE~iENSI~IENESS (l) Is change contrary to established land use pattern? . (2) Would change creai.e an isolated district unrelated to similar districts, 1:,e, ~ iS this "spat Zoriingtt~ . (3) ~Tould change alter. the popa,I.ation density pattern :and thereby increase ;.the load on public facilities (schools,. sewers, or streets?}, (4) Are px•esent district boundaries illogically drawn ~z relation to exist- , ing conditions?, $. v' ~.~t'DT_TIOI'~S (1) Have the basic land. use conditions `been changed? (2} Has development `of area been contrary to existing regulations? G:e PUBLIC WELFARE.. ' (I} -Will change.'adversely-influence living conditions in the neighborhood? {2) :Will change create ar.excessivel.y 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? (S) dill change be a deterrent to the improvement or development of adjacent .area? - (6) Will change constitute a grant of a special Privilege to 'an individual as contrasted, to the general welfare? B, REASONABLENESS: (1) Are there substantial reasons ~~hy the property cannot be used`in accord with existing. zoning? (~) Is the change requested out. of scale with the needs of the neghborhood- or the City'? - - (3) Is it impossible 'to find adequate sites for the proposed use in district permitting such. use? _ f L_. CITY OF.PLAINVIEW ZONING REPLY FORM CITY OF PLAINVIEW ZONING REPLY FORM