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HomeMy WebLinkAbout86-2671 ordF ORDINANCE NO. 85-2671 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. 539: Request of Patty Winters on behalf of Wilson Daffern for rezoning of Lots 13, 14, 15 and South 24 feet of Lot 12, Block 2, High School addition 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 1701. Quincy. 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 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. Rcaom of the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; andlafter 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 herl~inafter set forth in the body of this Ordinance; NOW, THEREFORE..; BE IT ORDALNED BY THE CITY COUNCIL OF Tf:[E CITY OF PLAINVIEW: SEC'~.'ION 1. That. Ordinance N0. 82-2478 and the Official Zoning Map be and ', the same are hereby amended as follows, to-wit: ZONE CASE NO. 539: Lots 13, 14, 15 and South 24 feet of Lot 12, Block 2, High School addition and located at 1701 Quincy. City of Plainview, Hale County, Texas, from an R-1 (Single-Family Residential)'. Zoning District to a C.N.S. (Neighborhood Service 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 Couxlcil Chamber of the City Hall in (Plainview, Texas, at 7:30 o'clock P.M., on the 28th day of October, 1986, to .permit- the public to be heard .prior to consideration of this Ordinance for second and final reading, said publication to be made mare than fifteen (15) days prior to the time designated for such public hearing.. PASSED on first. reading this, the 14th day of October, 1986.. A n'atice of time and place where and when said Ordinance would be given a ..public. .hearing and considered for final passage was published i.n the Plainview Daily Herald, a daily newspaper of general circulation in the -City of Plainview, Texas, said publication being on the 12th day. of October, 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. PAS~ED on second and final reading. this, the 28th day of October, 1986. e E.V. RIDLEHUBER, Mayor ATTEST: HE YL OWEN, City Secretary CHECY. SHEET FOR ZOIVING CASES ...ZONE CASE NO~ 539 There mu'~t be compelling reason for any zoning amendment which are substantially related to the public welfare and'necessity~ It is not suflFicient that an applicant for an amend- ment to the Zoning Ordinance merely show that there is no neighborhood objection to a re- quest am~ndment; nor is it sufficient that an applicant sho~v that the amendment would en- abl e him; to 'gai n a greater profit or income from his .property. Every zoning amendment should be analyzed with regard to the following: A. COMPRENEI7SIVENESS: 1. Is change contrary to established land use pattern? No -This area of N. Quincy has 2. 'Would change create an isolated district unrelated evera commercia rac s. to similar districts,: i.e:, is this "spot Zoning"? No 3. 'Would change alter the population density pattern and thereby increase the load on public facilities schools, sewers, or streets)? No Are present district boundaries illogically drawn ~,n relation to exstin conditions? No g go CHANr:~ED CONDITIONS: 1, t{ave the basic land use conditions been changed? No 2. Nas development of area been contrary 'to exist-- iing regulations? No C. PUBLIIC WELFARE: 1 Wi11 change adversely influence living conditions i''in the neighborhood? No 2, W~,11 change create-or excessively increase t'Iraffic congest-ion? No - 3. W°11 change seriously reduce the Tight and air to a jacent area? No 4, Will change adversely affect .property .values in a~jacent area? - No -Quincy is becoming a commercia 5. W~11 change be a deterrent_to the improvement or development of adjacent area? No -area is developed for the mosi 6. W~11 change constitute a grant of a special part. p~°ivilege to an individual as contrasted to the 9eneral-welfare? No D. RERSO~JRBLE";ESS: 1, A're there substantial reasons why the property c~nnot~be used in accord with existing zoning? 2. Is the change reques ed out of scale with the needs of the neighborhood or the City? 3. I$ it impossible to find adequate sites for the proposed use in district permitting such use? ? -Property is adjacent to Quincy which makes it less desirable as a residei~~.~.al==:use. - ` " . _.~ No No ZONE CASE NO: 539 t 13 9.7 ~' `. w. ~O ~ 140 ~ ~s o ~~wc~~ ."yn .102.5 A- ~ti O . . ., II th. _ "~ ~~~.- STREET ~ ~ , o N /~.. `O ~ ~ - 75 Jam' '~ f e e.-E- ~Jr ' ~ 1 75 Sough 24' of Lot 12 and- all of Lots, 13, 14 and I5, Nigh School: Addl,tion located at 1701.. Quincy I_ MAILING LIST ' Zone Case No. 539 jHI:GH SCHOOL ADDITION ,Block 1 ~E. 6.8' of 6, Lot 7, Wilma Courtney W. 11.8''of 8 1903 W. 17th .Plainview, Texas : 79072 E. 38.4' of 8, P. E. Dever W. 30' of 9 19D9 F1. 17th Plainview, Texas 79072 E. 20' of 9, Lot 10 C. E. Grady. 1805 W._17th" Plainview, Texas 7.9072 Lot 13, N. 43' of 12 Quinton Steizg 1605 Quincy I Plainview, Texas 79072 U S. 14' of 12, AlT of 13; N. 14' of 14 Plainview I.S.D. P. O. Box 1540. Plainview,_ Texas. 79072. Block 2 ~. 48' of 6 W. 26' of 7 W. W. Kirk 1815 W. 18th Plainview, Texas 79072 E. 24' of 7, Lot 8~ Ethel V. .Langford 1811 W. 18th Plainview, Texas 79072 Lots 9-10 John: W. Blaine 1809 W. 18th Plainview, Texas 79072 Lot 11, N. 33' of 12 O. C. Collins .1711 Quincy. Plainview, Texas 79072 5. 24' of 12, 13-13 ~* Wilson Daffern P. O. Box 146. Plainview, Texas 79072 Iot 16, E.: 19.5': of 17 L. C. Marshall .1202 Floydada Plainview, Texas 7907.2 W. '30.7' of 17, E..38.10'. of 18 Clinton Wall 1900 Tnl. 17th 1 .Plainview,, Texas .: 7:9072 MAILING LIST Zone Case 539 :Page 2 W. 11.2' of 18, ~t 19 Vertis C. Barley E. 8.3' of 20 1904 W. 17th Plainview, Texas .79072 flock 3 Lot 15-16 F. G. Foliis 1801 Quincy Plainview, Texas 79072 Lot 17, E/2 of 18 Aubrey. Bryant 1808 W. 18th Plainview, Texas 79072 W/2 of 18, Lot 19 Joe M. Helfin 1810 W. 18th Plainview, Texas 7.9072 JUDAH ADDITION Lot.. 10, S. 25' of 11 Martin Vera- 3602 Quincy .Plainview, Texas 79072 N. 40' of 11, S. 50' of 12 Francisco Rios 1604 Quincy. Plainview, Texas 79072 Nt 15' of 12, S. 50'- of 13 J.- B. Gutherie P. O. Box 965 Plainview, Texas 79072 N. 15' of 13, and Lot 14 James'C. Bell, Jr . 716 Lake Louise Rd. Ft. Worth, Texas 76103 LAKESIDE ADDITION Block 43 306' N & S C/PT Wilson Daffern P. O. Box 146 Plainview,. Texas- 79072 S. 135.36' Joe Ogletree. 1015 Broadway Plainview, Texas 79072 Block 44 132 x 155 N/of Lot 14 Judah Andrews ..Savings & Loan Association 600' N. Main ~_ Andrews, Texas 79714 ~:-:- _ 11EiSLlPlti L15Y' Zone Case 539 Page 2 W. 11.2' of 18, .Lot. 19 Vertis C. Barley E. 8.3' of 20 _ 1904 W. 17th Plainview, Texas 79072 flock 3 L, of 15-16 F. G. Follis 1801 Quincy Plainview, Texas 79072 Trot 17, E/2 of 18 Aubrey Bryant 1808 W. 18th Plainview, Texas 79072 W/2 of 18, Lot 19 Joe M. Helfin 1810 W. 18th Plainview, Texas 79072 JUDAH ADDITION hot l0, S. 25' of 11 Martin Vera 1602 Quincy Plainview, Texas 7907.2 N. 40' of 11, S. 50' of 12 Francisco Rios 1604 Quincy Plainview, Texas 79072 N,. 15' of 12, S. 50' of 13 J. B. Gutherie P. O. Box 965 Plainview, Texas 79072 N~. 15' of 13, and Lot 14 James C. Bell, Jr. • 716 Lake Louise Rd. Ft. Worth, Texas 76103 LP~KESIDE ADDITION Bllock 43 306' N & S C/PT Wilson Daffern P. O. Box 146 Plainview, Texas ?9072 S''. 135..36' Joe Ogletree 1015 Broadway Plainview, Texas 79072 Block 44 132 x 155 N/of Lot 14 Judah Andrews Savings & Loan Association 600 N. Main. '~ Andrews, Texas 79714 .` ~..,, CITY OF PLAINVIEW ZONING REPLY FORM "IF FOR ANY REASON YOU FEEL THAT YOU WLLL BE UNABLE TO ATTEND THE PUBLIC 'HEARING ADVERTISED BY THIS NOTICE, AND YET YOU DESIRE TO ~, PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY ~, COMPLETE THIS FORM AND RETURN IT TO THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, P.O. BOX 1870, PLAINVIEW, TEXAS, 79072. REPLY _ I am in FAVOR OF (~ ~)~j,OPPOSED TO (~), the change of zone requested by_ZONE CASE NO. z~,~ -~. My reasons and/or comments are as follows: It has been represented-to me that Quincy Street is enerally a commercial street and therefore the lots in question should be rezoned commercial, I live next. door and immediately north of the lots in question.- I realize. that some spots on Quincy Street are com~iercial-but .the-block on which I reside is totally residential as is the property immediately.. across the street and east of mg house. There are no commercial establishments reasonably 'close to my ho~xse. I have relied for many years upon representation to me by previous lot owners stating that the lots are restricted to residential use. The lots in question have residential restric- tive covenants. I have been inf©rmed by my :attorney that my ability to enfprce these restrictive covenants-on my own behalf is question- able..: Please .protect our rights to live in a residential neighbor- hood and prevent our property s depreciation zn value. If the Commission is inclined to grant the applicationf please limit same extensively because CNS Zoning is much to broa or the area. r ~ /`~ ~'a ignature^ _ _ ,_ - ~ ~""'~;,. CITY OF PLAINVIEW ZONING REPLY FORM IF FOR. ANY REASON YOU FEEL THAT. YOU WILL BE UNABLE TO ATTEND THE PUBLIC HEARING ADVERTISED BY THIS NOTICE, AND YET YOU DESIRE TO PRESENT YOUR SENTSMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY COMPLETE THIS FORM AND RETURN IT TO THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, P.O. BOX-1870, PLAINVIEW, TEXAS, 79072.. REPLY. _ I am in FAVOR OF (~' } OPPOSED TO ( ), the than e of zone re nest d 9 q e by ZONE CASE N0. i1=-~ -~-• MY reasons and/or comments are as follows: r ~ Signature . ~ ~~ CITY OF'RLAINVIEW ZONING REPLY FORM IF FOR ANY REASON YOU FEEL THAT YOU WILL BE UNABLE TO ATTEND THE PUBLIC HEARING ADVERTISED BY THIS NOTICE, AND YET YOU DESIRE TO .PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTLNG YOU, YOU MAY COMPLETE-THIS.fORM AND RETURN IT TO .THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, P.O. BOX 1870, PLAINVIEW,.TEXAS, 79072. REPLY I am in FAVOR 4F ~ OPPOSED ( ) TO ( ), the change of -zone requested by ZONE CASE N0. L~1~. My reasons andJor comments are as follows: ). CITY OF PLAINVIEW ZONING REPLY FORM IF FOR ANY`REASON.YOU FEEL THAT YOU WILL BE UNABLE TO ATTEND THE PUBLIC HEARING ADVERTISED BY THIS NOTICE, AND YET YOU DESIRE TO PRESENT YOUR SENTIMENTS REGARDING. THE CASE AFFECTING YOU, YOU MAY "COMPLETE: THIS FORM AND RETURN. IT TO.THE SECRETARY OF THE PLANNING AND ZONING.:COMMISSLON, P.O. BOX 1870., FLAINVIEW, TEXAS, 79072. REPLY - I am in FAVOR OF (~) OPPOSED TO-{ ),.the change of zone requested by ZONE CASE N0. L2:.. -~y reasons and/or comments areas follows: CITY OF PLAINVIEW ZONING .REPLY FCIRM If FOR ANY REASON YOU. FEEL THAT YOU WILL BE UNABLE TO ATTEND THE PUBLIC HEARING ADVERTISED BY THIS NOTICE, AND YET .YOU DESIRE TO PRESENT YOUR SENTIMENTS REGARDING THE CASE AFFECTING YOU, YOU MAY COMPLETE THIS FORM AND RETURN IT TO THE SECRETARY OF THE PLANNING AND ZONING COMMISSION, P.O. BOX 1870,. PLAINVIEW, TEXAS, 79072. REPLY I am in FAVOR OF (~ ~)~, OPPOSED TO ( ~ the change of zone requested by ZONE CASE N0. i~'`, ~.: My reasons and/or comments are as follows: f ~ c