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Home My WebLink About86-2672 ord~. ORDINANCE NO. 8b-2672 AN ORDINANCE .AMENDING ZONING. ORDINANCE rdO. 82-2478 AND THE OFFICIAL ZONING MAP OF THE CITY OF PLAINVIEW SO AS TO MAKE THE FOLLOWING CHANGES ZONF~,~ CASE NO. 540: Reg~est of David Ramirez, Jr. for a Specific Use. Permit far Day Care Gentler in a R-2 (Single-Family Residential}~ Zaning District being Lots' 13 & 14, Block 1, Slaughter Subdivision and located at 106 Zeplti~yr . 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 l~.ereinafter set out will be in the public interest which creates. an emergency; and, WHEREAS, all conditions. precedent rec~xired 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 1011E 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. dull held in the City Council Raam 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 ould be in the public interest due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set Earth in the body of this Ordinance;. NOW, THEREFORE; BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SEC'~'ION 1. That. Ordinance NO. 82-2478 ar3d the Official Zaning Map be and,the same are hereby amended as follows, to-wit: ZONE CASE NO. 540: Lot~~ 13 & 14, Block 1, Slaughter Subdivision and located at 10b Zep}h.yr . Citgr of Plainview, Hale County, Texas, for a Specfic Use Permit. (for Day. Care Center) in a. R-2 (Single-Family Residential} Zoning Dis~rict. 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. SECITION 2. Upon passage of this Ordinance on first reading, the Cit~r Secretary be and is hereby authorized and directed to cause to have published in the Plainview Daily Herald, a daily newspaper of `A r A 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 in .Plainview, Texas, at 7:3Q o'clock F.M., on the 28th day of October, 1986, to ~sermit the public to be heard prior to con'ideration of this Ordinance for second and final. reading, said pub icatian to be made more than fifteen (15) days prior to the time designated for such public hearing. PASSED on first reading this, the 14th. day of Octeber, 1986. A notice of time and place where and when said Ordinance would be giv~n a public hearing and considered .for final passage was pub~.ished in 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 hewing. After such opportunity for the public to be heard, said Ordinance was passed on secorsd and final reading. PAS~ED on second and final reading this, the 28th day of October, 198. ~~ ~ r E.V. RIDLEHUBER, Mayor ATTEST : HE~.YL W , City Secretary, *~ q CHECK SHEET FOR ZONING CASES ZONE CRSE N0~ 540 There must be compelling reasons for any zgning amendment which are substantially related to the p~blic welfare and necessity It is not sufficient that an applicant for an amend- .. meet to ~he Zoning Ordinance merely sfiow that there is no neighborl7ood objection to a re- quest am~ndment; nor is it sufficient that an applicant show that the amendment would en- able himj,to gain a greaterprofit or income from his property. Every zorjing amendment should be analyzed with regard to the following: A. CQMPf~EHENSIVENESS: 1. ~s change contrary to'established land use pattern? No -Previous S.U. at this locatio 2, ould change create an isolated district unrelated. a similar districts,:i.e., is this "spot Zoning"? Does not apply - S.U. is not a zon 3. ould change alter the population density pattern end thereby increase the load on ,public facilities ~Qschools -sewers, or streets)? rro -Location of a previous Day , ~ r ~ ~ ~ ~re present district boundaries illogically drawn ar~-- e~ e ~n relation to existing conditions? No g. CHANGED CONDITIONS: 1. I-4ave the basic 1anduse Condit-ions been changed? No 2. Nas development of area been contrary to exist- ring regulations? No C. PUBLIIC WELFARE: 1. V~ ill change adversely influence living-conditions. No i l,n the neighborhood? 2, ,d ill change create-or excessively increase ~ raffic'COngestion? Increas but not excessively. 3, i~ i11 change'serious7y reduce the light and air to a ~,djacent area? No -Property is developed.-:°~ 4, 4~ i11 change adversely affect property values in ~ djdcent area? No -Property is developed & child 5. W ill changebe a deterrent to the improvement or care Center previous y. evelopment of adjacent area? No - peveloped area. 6, ill change constitute a grant of a special rivilege to an individual ascontrasted to the eneral welfare? No D. REASOfdRBLEP;ESS: 1 . Are there substantial reasons why- the _ property c~'annot be used in accord with existing zoning? child .care requires s.u. Permit - 2. Its the change requested out of scale with the ui ing no a rest ence. Feeds of the neighborhood or the City? n No 3~ Is it impossible to find .adequate sites for the proposed use in district permitting such use? No - sut a s.u. Permit would be .. nee a in any area. B ~ ZONE CASE N0. 540 MAILING LIST SLAUGHTER SIIBDIVISION Block 1 Loot 1 Billy Vern Bownds 101 'Yonkers Plainview, Texas 79072 hot 2 Beverly J. Smith. Arlie Leatherwood 103 Yonkers Plainview, fiexas .79072 hots 3-4 Alvin D. Law 205 SW 10th Plainview, Texas 79072 hot 5 W. A. Barton 2215 E. ,21st.. Amarillo, Texas, 79103 Lots 6-8 Keith Wayne. Covington 115 Yonkers Plainview, Texas 79072 Lots 9-10 Plainview Columbus Club 2607 W. 2nd Plainview, Texas 79072 Lots 11-12 James Kenneth Mayden P. 0. Box 761 Cleburne, Texas 76031 Lots 13-14 ** James Kenneth Mayden DBA Jungle`Hut Day Care . 100 Zephyr Plainview, Texas 79072 Lots 15-16 James Kenneth Mayden P. 0. Box 761 Cleburne,. Texas 76031 Municipal>-Golf Course City of Plainview ** David, Ramirez, Jr. .815 Galveston Plainview, Texas 79072 __ _ ._ .. ~ p ~..//:~' .CITY OF PLAINVIEW ZONING REPLY FORM • '~ LF FOR .ANY REASON 'SOU 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 1.870, PLAINVIEW, TEXAS, 79072. ~, REPLY _ I am in FAVOR OF ( OPPOSED TO ( ), the .change of zone requested -by ZONE CASE N0. ~. My reasons and/or comments are as follows: Signature __ _ ~