HomeMy WebLinkAbout86-2682 ordORDINANCE NO. 86-2682
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. 545:
Request of Rex Ramsower for amending the zoning on three (3}
'tracts of land totaling-9.626 acres. with a C.R.D. .(Commercial
Retail District} Zoning District by adding a restriction
~, prohibiti.ng multi-family resi.dent:ial uses and described as
follows:
Tract 2:
.Being a 4.778 acre tract out of Survey No. 27, Black JK-2
';Hale County, Texas, said tract being bounded on the south by a
'projection of 14th Street, on the East by an alley west of Block
'25, Brock Addition, Unia~No. l0, on the North by 16th Street, and
on the West by .Interstate Highway No. 27:
COMMENCING at the southeast corner of Survey No. 27, Block
JK-2, Hale County, Texas;
Thence S. 89°16'40"W. 1,970.03 feet along the south line of
,said survey to the southwest corner of said Brock Addition, Unit
'No. 10;
Thence North 2,009.06 feet a]Long the west line of said
addition to a 3/8 inch steel rod i.n the north line of 14th Street
'for the POINT OF BEGINNING. of the herein described tract;
Thence Northeasterly an arc length of 345.49 feet along the
west line of said addition around a curve to the right having a
radius point bearing East 976.10 feet, a central angle of
20°16'47", a .tangent of 174.57 feet, and a chord bearing N.
10°08'23"E. 343.69 feet to a 3/8 inch steel rod at a point of
compound. curve;
Thence Northeasterly an .arc length of 555.15 feet continuing
',along the test line of said addition around a curve to the right
'havi.ng a radius point bearing S. 69°43'13"E. 2,504.93 feet, a
(central angle of 12°41'53", a tangent of 278.72 feet., and a chord
(bearing N.26°37'43"E. 554.01 feet to a 3/8-inch steel rod in the
!south right of way line of 16th Street.
Thence N. 56°09'53"W. 210.02 feet along the south line of
16th Street to a 3/8 inch steel rod in the east right of way line
of Interstate Highway No. 27;
Thence Southwesterly along said highway right of way line
an arc length of 1,032.46 feet around a curve to the left having
'a radius of 2,714.93 feet, a central angle of 2i°47'20", a
'tangent of 522.54 :feet, and a chord bearing. S. 22°08'58"W.
,1,026.25 feet to a 3/8 inch steel rod i.n a projection of the
north right of way line of 14th Street;
Thence East 252.56 feet along said projection to the POINT
OF BEGINNING and containing 4.778 acres.
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Tract 3
Being a 0.22 acre tract (9,562 square feet) out of the
,southeast part of Survey No. 27, Black JK-2, Hale County, Texas:
.COMMENCING at the southeast corner of Survey No. 27, Block
JK-2, Hale .County, Texas;
Thence 5.89°16'40"W. 1,970.03 feet alongthe south line of
',said survey to the southwest corner of Brack Addition, Unit No.
10 as recorded in Volume 553,: page 237 of the Hale County Deed
',Records; Thence North 1,188.21 feet along the west line of said
addition to the northeast corner. of a tract previously zoned MF-2
',far the POINT OF BEGINNING of the herein described tract;
Thence S. 45°W. 28'.28 feet along the north line of said MF-2
tract to a point;
Thence West 285.6 feet continuing along. the north line of
said MF-2 tract to a point in the east right of way line of
,Interstate Highway No. 27
Thence N. 0°09'E. 31.95 feet along the east right of -way
'line of said. highway to a 1/2 inch steel rod set for the
,southwest corner of the Smith. 0.596 acre tract as recorded in
,Volume 709, Page 367 of the Hale County Deed Records;
Thence .East 305.51 feet to a 1/2 inch steel rod set for the
'southeast corner of said Smith tract;
Thence South 11..95 feet along t:he west line of said addition
to the POINT OF BEGINNING and containing 0.22 acres.
Tract 4:
Being a 4.628 acre tract (201,622 square feet) out of the
southeast part of Survey No. 27, Block JK-2, Hale County, Texas:
COMMENCING at the southeast corner of Survey. No. 27, Block
JK-2, Hale County, Texas;
Thence 5.89°16':40"W. 1,970.03 feet along the south line of
said survey to the southwest corner of Brock Addition., Unit No.
10 as recorded in Volume 553, page 237 of Hale County Deed
Records;
Thence North 510.95 feet along the west line of said
addition to a 1/2 inch steel rod set. for the northeast corner of
',the Ragland Q.706 acre tract. as recorded in Volume 670, page 347
of the Hale County Deed Records for the POINT OF BEGINNING of the
!,herein described tract;
Thence North 677.26 feet continuing .along the west line of
said addition to the northeast corner of a tract previously zoned
MF-2;
Thence S. 45°W. 28.28 feet along the north line of said MF-2
tract to a point;
Thence West 285.6 feet continuing along the north line of said
MF-2 tract to a point in the east right of way line of Interstate
Highway No. 27;
Thence S. 0°09'W. 657.26 feet along-the east right of way
.:line of said highway to a l/2 innch steel rod set for the
northwest corner of said Ragland tract;
Thence East 3017.32 feet along the north line of said Ragland
tract to the POINT OF BEGINNING and containing 4.628 acres.
And located in the 1200-1400 Bl+acks of Interstate No. 27.
WHEREAS, the proposed. change. in zoning districts as
.hereinafter made has been duly presented to the Planning and
Zoning Commission for its recommern~.ation which was received by
,the City Council; and
WHEREAS, Rex Ramsower, prior i~o the consideration of this
Ordinance by the City Council, requested that the following
restrictions be included as part of his request for. a CRD
(Commercial Retail District) Zoning ..'District and that such
restrictions be included as apart of said zoning"designation:
1. Prior to the. issuance of a certificate. of occupancy by
the City of Plainview, Texas, the owner of all or any
portion of the above described tracts of land shall:
(a) Construct a masonry fence not less than 6'8" in
height along the east boundary line of the tract or
tracts which the owner de:aires to occupy. The masonry
fence shall be constructed with such openings as is
necessary to comply .with zEll.City ordinances. Said
opening shall be equipped with gate or gates. Each
gates or gates shall b'e constructed in compliance with
all City ordinances.
(b) Any building constructed on the above .described tracts
of land shall have no openings on that portion of the
building which faces the alley east of said tracts of
land exce t for such
p winds>ws doors and other
a enin s
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as are constructed on the rou
nd floo
r level of e
ash
g
building.
(c) No structure shall be constructed closer than 25 feet
from the east boundary line of the above described
tracts of land and no structure shall be placed. in the
25 foot setback area from the east boundary line of the
above described tracts.
(d) The area between any build'.ing constructed on the
premises and the masonry fence to be constructed
along the east boundary line of the above described
tracts shall be paved.
(e) Ail exterior lighting shall be shielded in such a
manner as to protect the residences located on the
property adjoining the above described tracts of land
to the east so as to prevent direct glare of such
.lighting.
2. The following uses of land as designated in the CRD
(Commercial Retail District) Zoning District of the Zoning Code
of the City of Plainview, Texas shall not be permitted or
authorized on the tracts of land described herein:
(a) Bowling Alley
(b) Golf driving range (business permitted outside of
building)
(c) Dance Hall (Commercial) -
(d) Gasoline or automotive service or car wash
(e) Eating place providing auto service
(f) Ice manufacturing establishment (plant)
(g) Pawn Shop
'; (h) Skating rink, Commercial
(i) Taxidermist
- (j) Trailer sales or rental (for use with private passenger
automobiles)
(k) No alcoholic beverages sold or served
(1) No multi-family residential uses
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
!~lOl1F vernon's Annotated Civil Statutes -Amended, 1.953, and
notice was duly .published in :Plainview Daily Herald more than
lififteen (15) days prior. to the date. of the Public Hearing
i
according to said notice was held in the City Council Room of the
(City Yall, Plainview, Texas, at wh~.ch time persons appeared in
~,isupport of .the proposal; .and after said hearing, it was by the
City council determined that it would be in the public interest
~Idue to .changed conditions, that the Zoning Ordinance and the
ZOnng Map be amended in the manner hereinafter set forth in the
body of this Ordinance; NOW THEREFOF;E;
BE IT ORDAINED BY THE CITY COUrfCIL OF THE CITY OF PLAINVIEW:
SECTION l That Ordinance No. 82-2478 and the Official Zoning
Map be and the same are hereby amended. as follows, to-wit:
ZONE CASE NO. 545
~ITraot 2:
Being a 4.77.8 acre tract out of Survey No. 27, Block JK-2
I,Hale County, `Texas, said tract being bounded on .the :south by a
(projection of 14th Street., on the East by an alley west of Block
25, Brock Addition,. Unit. No. 10, on the North by 16th Street, and
lon the West by Interstate Highway No. 27:
COMMENCING at the southeast corner of Survey No. 27, Block
~~JK-2, Hale County, Texas;
Thence S. 89°16'40"W. 1,970.03 feet along the south line of
said survey to the southwest corner of said Brock Addition, Unit
!No. 10;
Thence North 2,009.06 feet along the west line of said
addition to a 3/8 ~.nch steel rod in the north line of 14th Street
for the POINT OF BEGINNING of ..the herein described tract;
Thence Northeasterly an .arc length of 345.49 feet along the
west Fine of said ~.dditon around. a curve to the. right having a
radius point bearing. East. 976.10 feet, a central angle of
~0°16'47", a tangent of 174.57 feet,- and a chord .bearing N.
0°08'23"E. 343.69 feet to a 3/8 inch steel rod at a point of
~om~ound curve;
Thence N. 56°09'53"W. 210.02 feet along the south line of
.6th Street to a 3/8 inch steel rod .in the east. right of way line
Qf interstate Highway No. 27;
-,
Thence Northeasterly an arc length of 555.15 feet continuing
along the .west lime of said addition around a curve to the right
having a radius. point bearing. S. {69°43'13"E. 2,504.93 feet, a
'central angle of 12°41'53", a tangent of 278.72 feet, and a chord
'bearing N.26°37'43"E. 554,01 feet to a 3/8 inch steel rod in the
south right of way line ofl6th Street;
Thence. N. 56°09'53"W. 210.02 :Feet along. the south line of
,16th Street to a 3/8 inch steel rod in the east right of way line
'of Interstate. Highway No. 27;
Thence`Southwesterly along said highway right of way line an
arc length of 1,03.2.46 feet around a curve to the left having. a
radius of 2,714..03 feet, a central ~~ngle of 21°47'20", a tangent
of 522.54 feet, and a chord bearing S. 22°08'58"W. 1,02&.25 feet
to a 3/8 inch steel rod in a projection of the north right of way
'line of 14th Street;
Thence East 252.56 feet along said projection to the POINT OF
~IBEGINNING and .containing 4.?78 acres.
'Tract 3:
Being a 0.22 acre tract. (9,~i62 square feet) out of the
southeast part of Survey. No. 27, Block JK-2, Hale County, Texas:
COMMENCING at the southeast co•
x. ner of Surve No . 2 7
Bl
y ock
JK-2, Hale County,. Texas;
Thence S.89°16'40"W. 1,970.03 f°eet along the south line of
,.said survey to the southwest corner of Brock Addition, Unit No, 10
as recorded in Volume 553, page 237 of the Hale County Deed
Records; Thence .North 1,188.21 feet along the west line of said
addition to the northeast corner of a tract previously zoned MF-2
'.for the POINT OF BEGINNING of the herein described tract;
Thence S. 45°W. .28.28 feet along the north line of said MF-2
'tract to a point;
Thence West 285.6 feet continuing along the north line of
said MF-2 tract to a point in the: east right of way line of
Interstate Highway No. 27;
Thence N. 0°09'E. 31.95 feet along the east right of way
'line'of said highway to a 1/2 inch steel rod set for the
southwest corner of the Smith 0.596 acre tract as recorded in
Volume 709, Page 367 `of the Hale County Deed Records;
Thence East 305.51 feet to a 1/2 inch steel rod set for the
''southeast corner o~ said Smith tract.;
Thence South 11.95 feet along the west line of said addition
'~tito the POINT OF .'BEGINNING and containing 0.22 acres.
'Traot 4:
Being a 4.628 acre tract (201,622 square feet) out of the
'southeast part of Survey No. 27, Block JK-2, Hale County, .Texas:
COMMENCING at the southeast corner of Survey No. 27, Block
JK-2, Hale County, Texas;
Thence S.89°15'40"W. 1,970.03 feet along the south line of
said survey to the southwest corner of Brock Addition, Unit No.
10 as recorded in Volume 553, page 237 of Hale County Deed
Records;
--- ,: T- -- - - - .
Thence.North 510.95 feet along the writ line of said
addition to a 1/2 inch steel rod set for the northeast corner of
the Ragland 0.706 acre tract as recorded in Volume 670, page 347
of the Hale County Deed Records for the. POINT OF BEGINNING of the
'herein described tract;
Thence North 677.26 feet continuing -along the west line of
said addition to the northeast corner of a tract previously zoned
MF-2 ;
Thence S. 45°W. 28.28 feet along the north line of said MF-2
tract to a point;
Thence West 2.85.6 feet continuing along the north line of
said MF-2 tract to a point in th+e east. right. of way line of
Interstate Highway No. 27;
Thence S. 0°09'W, 657.26 feet along the east right of way
'line of said highway to a l/2 :inch steel rod set for the
northwest corner of said Ragland tract;
Thence East 307.32 .feet along the north line of said Ragland
`'.tract to the POINT OF BEGINNING and containing 4.628 acres.
And located in the 1200-1400 B:Locks of Interstate No. 27.
,CITY OF PLAINVIEW, HALE COUNTY, TEXi4S, with a C.R.D.. (Commercial
Retail District.) Zoning District by adding a restriction
prohibiting multi-family residenta:L uses. From the date of this
Ordinance, said lot, tract and a p<~rcel of land described shall
'be and hereby be changed to the Zan:Lng District indicated and the
,Official Map is amended in accordance herewith with the following
'restrictions as provided herein:
1. Prior to the issuance-of a certificate of occupancy by
'the City of Plainview, Texas, the owner of all or any portion of
the above described tracts of land shall:
(aJ Construct a masonry fence not less than 6'8" in
height aloe theeast boundar line of
g .the tra
Y ct or
tracts which the owner desires to occupy. The masonry
fence shall be constructed with such openings as is
.necessary to comply with all City ordinances. Said
opening shall be equipped with gate or gates. Each
gate ar gates shall be constructed in compliance with
all City ordinances.
(b) Any building constructed crn the above described tracts
of land shall. have no openings on thatportion of the
building which faces the alley east of said tracts of
land except for such windows, doors, and other openings
as are constructed on the ground floor level of each
building.
,_
,,
(c) No structure shall be con,~tructed closer than 25 feet
from the east boundary line of the above described
tracts of land and no stria.cture shall be placed in the
25 foot setback area from the east boundary .line of the
.above described tracts.
(d) .The area between any building constructed on the
premises and the masonry :Fence to be constructed along
the east boundary line of the. above described tracts
shall be paved.
(e) All exterior lighting shall be shielded in such a
manner as to protect the residences located on .the
property adjoining the above described tracts of land
to the east so as to prevent direct glare of such
lighting.
2. The following uses of land designated in the CRD
(Commercial Retail District) Zoning District of the
Zoning Code of the City of Plainview, Texas shall not
be permitted or authorized on the tracts of land
described herein:
(a) Bawling. Alley
{b) Golf driving range (business permitted outside of
building)
'{c) Dance Hall (Commercial)
(d) Gasoline or automotive service or car wash
(e) Eating place providing auto service
{f) Ice manufacturing establisY~-ment (plant)
(g) Pawn Shop
(h) Skating rink, Commercial
(i) Taxidermist
{j} Trailer sales or rental (fcr use with private
passenger automobiles)
(k) No alcoholic beverages sold, or served
(1) No multi-family. residential uses
No building permit or certificate of occupancy shall be
.issued by the City of Plainview, Texas, which permits or
.authorizes any of the above designated uses on the tracts of land
described herein.
SECTION 2. Prior. to consideration of this Ordinance a
..public hearing .shall. be held in .the Council Chamber of the City
Halpin Plainview, Texas, at 7:30 P.M., on the 12th .day of
December, 1986, to permit the public hearing to be heard, was
published in the Plainview Daily Herald, a daily newspaper of
.general circulation in the City.. of Plainview, Texas, .said
publication being more than fifteen (15) days prior to the. time
designated. for said hearing.
PASSED on first reading this, the 23rd day of December, 1986.
PASSED on second and final reading this, the 13th day of January,
198?.
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.V. RIDLEHUBER, Mayor
ATTEST:
OWEN, City Secretary
APPROVED AS TO FORM:
DAVID BLACKBURN
Assistant City Attorney
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