HomeMy WebLinkAbout86-2658 ordORDINANCE NO. 86-2658
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 82-2478 AND THE OFFICIAL
ZONING MAP OF THE CITY OF PLAINVIEW SO AS TO MAKE THE. FOLLOWING
CHANGES:
ZONE CASE NO. 536:.
Request of J. L. (Buddy} Widener for rezoning of the South fifteen
(15) feet of Lot 5, and all of Lots 6 and 7, Block 2, Brandes
Subdivision from a R-1 (.Single-Family Residential) Zoning District
to a C.N.S. (Neighborhood Service District) Zoning District, for
commercial uses, and located at 2800 West Tenth Street.
WHEREAS, the praposed 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 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 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 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 Zaning 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. 82-247.8 and the Official Zoning Map be
and the same are hereby amended as follows, to-wit:
ZONE CASE NO. 536:
South fifteen {15) feet. of Lot 5, and all of Lots 6 and 7, Block 2,
Brandes Subdivision from a R-1 (Single-Family Residential} Zoning
District to a C.N.S. (Neighborhood Service District) Zoning
District, for commercial uses,. and located. at 2800 West Tenth
Street.
City of Plainview, Hale County, Texas, from an R-1 (Single-Family
Residential) Zaning District to a C.N.S. (Neighborhood Service
District) 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 bf Plainview, Texas, a notice that a
publ~c hearing shall be held in the Council Chamber of the City Hall
in Plainview, ,Texas, at 7:30 o'clock P.M., on the 23 day of
September, 1986 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. 9th day of September, 1986.
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 Dai y Herald, a daily newspaper of
general circulation in the City of Plainview, Texas, said
publication being on the 7th day of September, 1986, 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 23rd day of September,
1986.
.V. RIDLEHUBER, Mayor
ATTEST:
s
H Y OWEN, City Clerk
CHECK SHEET FOR ZONING CASES
ZONE CASE N0~ 535
There must be compelling reasons.for any zoning amendment which are substantially related
to the public welfar
nd
i
e a
necess
ty It is not sufficient that an applicant for an amend-
ment to the Zoning Ordinance merely show that there is no neighbor~~ood obje
ti
t
a
quest amendment; nor is it sufficient that an applicant show
abl
hi
t
-
that c
on
o
re-
the an~endrnent would en-
e
m
o gain a greater profit or income from
.his property.
Every zoning amendment should be analyzed with regard to the following:
A. COP~IPR~HENSIVENESS:
1. Is change contrary to established land use pattern?
2. Would change create an isolated district unrelated Not contrary to existing land use
to similar districts, i.e., 1S th15,"Spot Zon7ng"?
3. Would change alter the population densit
atte NO -Adjacent to CRD with other
y p
rn
and thereby increase the. load on public facilities com mercial uses_.in..the area.
(schools, sewers, or streets)? No
~ Are present district boundaries illogically drawn
in re7a ion to existing conditions? No
B. CHANG~'D CONDITIONS: -
1. Have the basic land use conditions been changed?
2. Na' develo
ment of
b
c
r
~ No - {Presently Non-conforming
p
area
een
ont
ary to exist- use)
ing regulations? No
C. PUBLIC'WELFARE:.
1. Wi1i change adversely influence living conditions
in the ne hborhood? "~
g
2; Wi1'1 changecreate-or excessively increase
NO -
for
Has been used commercially
ma
traffic congestion?
No - ny years.
see #1
3. Will change seriously reduce the light and air to
adjacent area?
4. Will change adversely affect.; property values in rto - see #1
adjacent area? No - see #1
5. Will change be a deterrent to the improvement or
development of adjacent area?
6. Will change constitute a grant of a special No - Already developed.
privilege to an individual as contrasted to the No
general welfare?
D. REASONABLETdESS:
1. Are there substantial reasons why the property
cannot be used in accord with existing zoning?
2
Is the change re
st
d ~s -Existing commercial builaii
.
que
e
out of .scale with the
needs of the neighborhood or the Cit
? w is
No ~s a non-con orming use.
y
3. Is it impossible to find adequate sites for the
proposed use in district permitting such use?
.. No
f