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Home My WebLink About86-2674 ord~- ~. ~ . ORDINANCE. NO. 8F-2674 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 82-2478 AND THE OFFICIAL ZONING MAP OF THE CITY OF PLAINVIEW S~O AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE 542: .Request of Louis I. Cale for PTC, Ltd. II and others for a Specific Use'', Permit for the .purpose of amendi}Zg the. Specific Use Permit Restrictions granted under Zone. Case Na. 491 as it effects Lots 1, 2, 3, 4, 5, and 7, Mesa Verde Addition, Unit No. 1, Located at 1001 North Interstate Highway No. 27. WHEREAS, the proposed change in Zoning Districts as hereinafter made hasjbeen 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. prigr to the date of the Public Hearing according to said notice. was duly held in the City Council Roam of the City Hall, Plainview, Tex~.s, at which time persons appeared in support of the proposal; and'~~-after said hearing, it was by the City Council determined that it could 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 $Y 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 542: Lots 1, 2, 3, 4, 5, and 7, Mesa Verde Addition, Unit No. 1, Located at 1001. North Interstate Highway No. 27. City of Plainview, Hale County, Texas, far a Specific Use Permit for the 'purpose of amending the Specific Use Permit Restrictions granted under ..Zone Case No. 491 as it effects Lots 1, 2, 3, 4, 5, and 7, Mesa Verde Addition, Unit Na. 1, Located at 1001 North Interstate Highway No. 27. .From the date of this Ordinance, said lot, tract and ',parcel of land. described shall. be and' hereby be changed to the Zonijng District indicated and the official Map is amended in acca'rdance herewi h. ~: SECTION 2. Upon passage of this Ordinance on first. reading, the City Secretary be and is hereby author.i_zed 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 pub!,lc hearing shall be held in the Council Chamber. of the City Hall. in'~Plainview, Texas, at 7:30 o'clock. P.M., on the 28th day of Octlober, 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. on first reading this, the 14th day of October, 1.986. Mice of time and place where and when said Ordinance would be n a .public .hearing and considered for final passage was fished in the Plainview Daily. Herald, a daily newspaper of ral circulation in the City of Plainview, Texas, said ication being on the 28th day of October., 1986, the same being than fifteen (15) days prior to the time designated for said ing. After such opportunity for the public to be heard, said nance was passed on second and final reading. on second and final reading this, the llth~' day of I~iow...mhcr,_ I f .V. RIDLEHUBER, Mayor ATTEST: E YL O EN, City Secretary CHECK SHEET FOR ZONING CASES ZOPJE CASE NO ~ 542 There mus'~t be compelling reasons for any zoning amendment which are substantially related to the public welfare .and necessity It is not sufficient that an applicant for an amend- ment to tlhe Zoning Ordinance mer^ely show that there is no neighboriood objection to a re- quest amendment.; nor is it sufficient that an applicant show that the amendrent would en- able him to gain a greater profit or income from his property, Every zoning amendment should be analyzed with regard to the following: A, COr1PR~HENSIVENESS: i. I' change contrary to established land use pattern? rro 2. Wp~uld change create an isolated district unrelated tppsimilar districts, i,e,, is this "spot Zoning"? Does not apply. 3. Wbuld change alter the population density pattern a~rd thereby increase the load on public facilities No {schools, sewers, or streets)? ~'~ A~°e present district boundaries illogically drawn ri reiation to existing conditions? No Ba CHANGED CONDITIONS:. 1. Have the basic land use conditions been changed? No - conditions have not needs havF 2. H~s development of area been contrary to exist- img regulations? No - C, PUBLIC WELFARE:. 1. Will change adveesel-y influence living conditions i~ the neighborhood? No 2, Wi'~,11 change create or excessively increase traffic congestion? - No - 3. Will change seriously reduce the light and air to a~jacent area? No 4, W~11 change adversely affect property values in adjacent area? No 5. Will change be a deterrent to the improvement or d velopment of adjacent area? No 6. Wi11 change constitute a grant of a special p 7vilege to w n individual as contrasted to the general welfare? No D. REASOi~ABCE"gESS: 1. Are there substantial reasons why the pro ert P y ca~rnat be used in accord with existing zoning? 2, Is the change requested out of scale with the ne ds of the neighborhood or the City? 3, Is~'iit impossible to find adequate sites for the prpposed use in district permitting such use? No - Can be used;. but restrictions prevent number of sicros that applicants desire. No Does not apple. ¢ .z ~ c! Y _ Zone Case No. 542 Mailing List MESA VERDA ADDITION, UNIT 1 Lot 1,2,4,5,7 ** P.T.C. II, LTD Ii Hillcrest Green 12720 Hiilcrest Rd. #400 Dallas, Texan 75230 Lot 3 ** Denver T. Hollabaugh 621 W. Main St. Arlinigton, Texas 76010 Lot 6 Richard Ligon P. O. Box 1991 `Plainview, Texas 79072. Lot 8: Wa1-Mart Properties,•Inc. 70I S. Walton Blvd. Bentonville, Arkansas 72716 ' MESA VERDE ADDITION, UNIT 2 ,. Lots 10-26 Higginbotham-Bartlett Co. P. O. Box 1659 Plainview, Texas 79072 DUNCAN ADDITION, UNIT 1 Lot 1 T. C. Partnership _ - 2210 W. 24th Plainview, Texas 79072 DUNCAN ADDITION, UNIT 2 , Lbt 15-21 `Jerry Wofford ' ~ T112 Itasca ~~ '; Plainview, Texas 79072 Lot 34 less 34' Eddie Sessions P. O. Box 1462 ', Plainview, Texas 79072 Lot 34 Tract F Loyd Belk and Lee Cook 4422 Olton Rd. Plainview, Texas 79072 __ > ', ; , w DUNCAN ADDITION, UNIT 3 Lot 2-A WFSTRIDGE ADDITION, UNIT 2 Block. 1 Ahl Less 75' tract out of- ot NE/C Facing Hwy 87 & 70 NE/C .539 A.C.. WE'STRIDGE ADDITION, UNIT 6 _Lot 12, 13 BLOCK JK-2 'SECTION 28 Out of NW/C of NW/Pt 1.148 Acres ,, , ~ BL~CK'JK-2 SECTION l7 ,._ Block JK-2 Sec. 27 out of-W/2 ,,. Zone Case No. 542 Mailing List Page No. 2 McDonalds Corporation McDonalds Plaza P. O. Box. 66207 AMF O'Hare Chicago, Illinois 60666 S & P Properties P.: O. Box .50007 Denton., Texas 76206 Welze Webb Trustee o Allsups #2 P. O. Bbx 1907 Clovis,.N.M. 88.201-1907 E. H. Kirchoff 808. Lexington Plainview, Texas 79072 David R. Hodges, Jr .., Et Al 2515 Holiday Plainview, Texas 79072. Interstate Development 1112.Itasca Plainview, Texas.. 79072 ** Louis I. Cole, Attorney .5950 Berkshire. Lane, Suite 1200 Dallas, Texas 75225 __ ~, T ~1 ~ fir; ~-- ;f ;f ~~ aa°' 1 CLTY OF PLAINVIEW ~ ~:r"'~ _ ~~',,~f~ ~,.` 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 COMMISSION, P.O. BOX 1870, PLAINVIEW, TEXAS,_79072. REPLY I am in FAVOR OF ,( V/ OPPOSED TO ( ), the chap e o~f zone re nested 9 9 by ZONE CASE N0. My reasons and/or comments are as follows: ~;, } ,. a t G onr~ C~s~ ~~ ,: r iP ~4 V_L'.i"C~4._..ACL~1_~~OY~..~....`~`t1lL_fNU~P. ' -~- __ _,,