Ordinance 2015-25 - Ord. 2015-25 - Zoning Map - Perez 6-2-2015ORDINANCE 2015 -25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE,
TEXAS
WHEREAS the City Council of the City of Huntsville, Texas, has adopted an Official Zoning Map
and attendant regulations for the City which, in accordance with the Comprehensive Plan,
was designed to control the density of population to the end that congestion may be
lessened in public streets and that the public health, safety, convenience and general
welfare be promoted in accordance with Chapter 211, Municipal Zoning Authority of the
Texas Local Government Code; and
WHEREAS the Development Code of the City of Huntsville provides for the amendment of the
Official Zoning Map; and
WHEREAS after public notice, the Planning and Zoning Commission held a public hearing on April
30, 2015 to consider comments of the public regarding the adoption of amendments to
the Official Zoning Map; and
WHEREAS the Planning and Zoning Commission has studied and evaluated the request and the
report prepared by City staff; and
WHEREAS the Planning and Zoning Commission has considered the comments of the public
presented at that public hearing and has prepared a report for this Council of its
conclusions and recommendations; and
WHEREAS after public notice, the City Council held public hearings on May 19, 2015 and June 2,
2015 to consider comments of the public regarding the adoption of amendments to the
Official Zoning Map; and
WHEREAS the City Council has studied and evaluated the request, the report prepared by City staff
and the recommendations by the Planning and Zoning Commission; and
WHEREAS the city has prepared a new map of the City reflecting the rezoned area to replace the
prior map that had become obsolete.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1: The Official Zoning Map of the City of Huntsville, Texas, as provided by Section 401.1 of
the City's Development Code, is amended, and City staff is directed to make such change
to the Official Zoning Map together with an entry on the Official Zoning Map as follows:
"On June 2, 2015, by official action of the City Council of the City of Huntsville, the
following changes were made:"
SECTION 2: A new Official Zoning Map is adopted to replace the old zoning map which had become
obsolete, and the new Official Zoning Map shall supersede the prior Official Zoning
Map, and shall be identified by the signature of the Mayor and attested to by the City
Secretary.
SECTION 3: The City Secretary is hereby directed to cause the caption of this Ordinance to be
published at least twice within ten days of final passage. This ordinance shall take effect
ten (10) days after the date of final passage.
PASSED AND APPROVED THIS 2ND DAY OF JUNE 2015.
THE CITY OF S
4.-ii
Woodwa , Mayo
EST.
00 ' ward, City Secretary
PLANNING AND ZO
AGENDA ITEM D
N
IN
G COMMISSION
SCUSS ON FORM
Prepared by: Aron Kulhaw, AICP, City Planner Janet Ridlley„ Planner
SUBJECT: Rezoning Request for Lot 1A, Mock 1, Southwood Area, Northcrest
Terrace
MEETING DATE: April 30, 2015 TYPE OF REVIEW: Zoning Map Amendment
APPLICANT & OWNER: Olio Perez
LOCATION: 1000 Block of State Highway 75 N
FACTS, CODE REQUIREMENTS AND CONDITIONS
The subject property is located in the 1000 Block of State Highway 75 North
within the city limits, of Huntsville and part of the Southwood Area,. Northcrest
Terrace subdivision, Which was established in 1962. The subdivision was
located outside of the City Limits of Huritsville ir 1962, therefore the subdivision
was platted and approved under the jurisdiction of the Commissioner's Court of
Walker County, . Texas. The subdivisitin was included in the area annexed by the
CiiiN of Huntsville by Ordinance No. 94-33 dated September 13„ 1994. The
Southwood Area, Northcrest Terrace 'subdivision was classified as a
Neighbodlood Conservation (INC) District per Ordinance No. 95-08 dated March
21, 1995..
According to Section 402 of the ,Development One, there are three districts in
the City of Huntsville,
402.1 Management District
The management district is the principal district in the City. All land not
specifically designated within another district is designated as owl of the
Management District. All land uses are allowed within the Management
District they othenivise rneet the standards of this Code.
402.2 Downtown District — Not applicable, to this request)
402.3 Neighborhood Conservation
There exists in certain parts of the city areas of residential development
maintained exclusively for single-family residential dwellings. To conserve,
the character and value of buildings and budding sites existing m these,
areas and to protect the integrity of the neighborhood the City Catilial
provides the Neighborhood Conservation District
Uses allowed by right are one single-family residential dwelling unit per
lot, home occupations (see Section 401,7)[„ parks, playgrounds„ public
recreation facilities and community buildings„ public installations
(utility and public service facilities and uses, except storage yards,
transformer stations and substations )1' and accessory uses as defined in
Section 401.6. Permitted conditionals uses are churches, public schools
and golf courses (excluding miniature golf and commercial driving ranges).
1
Pla nning and Zoning Com rniissiion
Rezoning. Request,- Lot 1A, Block 1, Southwood Area Northcrest Terrace
April 30, 2015
To the south, the subject property is fronting and has access to SH 75 N, a
primary arterial, with the property on south side of SH 75 N being in the
Management (M) district to the west the adjoining property is in the Management
(M) District and, to the east and north it is adjoining property that is within the
said Northcrest Terrace subdivision and in the Neighborhood Conservation (NC)
District.
The applicant has been an owner of the properly August 21, 2008. He currently
is the owner and operator of the local l restaurant known as Rodeo Mexican Bar &
Grill located at 3011 11th Street. it is anticipated that the Zoning Map
Amendment Request is being made for the future relocation of this business to
the subject property_ (No time frame is known by staff at this time.) For business
use of this property to be allowed, the property must be zoned Management.
Should this property be zoned Management, then all land uses Wit be allowed at
this site; however, there are deed restriictions for Northcrest Terrace subdivision.
A copy of the deed restrictions has been provided in your packet While these
restrictions are not enforceable by the City, they must be considered in making a
recommendation on this request.
Lot 1A, Bllock. 1, was created by means of an AFFIDAVIT OF LOT
CONSOLIDATION dated August 29, 1996 and recorded in Volume 293, page
735 of the Official Public Records of Walker County, Texas. Said Lot 1A iis the
consolidation of Nock 1, Lots. 1, 2, 3 & 4, a.nd Bllock. 2, ILots 5 & 6 of the original
subdivision plat of the Southwood Ara Northcrest Terrace. The AFFIDAVIT OF
LOT CONSOLIDATION was approved by the Harming & Zoning Commission on
December 4, "1995. A 12" water line, 8" sanitary sewer line, and fire protection
are available to this lot.
There are several factors to consider in reviewing a request for a change in
zoning classification. These are outlined below with an analysis by staff on each.
1. Has a change in the character of the Ineighborhood surrounding the
originally zoned area changed?
The potion of the Southwood Area of Northcrest Teruace, subdivision
adjacent to Lot IA has not been fully built out with single family
residences. The street has not been built in the right-of-way .dedicated
per the plat on the east side of the subject property. Eleven (11) of the
original subdivision lots located to the east of the street right-of-way
have been consolidated into two (2) lots with the only current street
access being froin State Highway 7.5 North. None of the lots as platted
by the original subdivision adjacent to the subject property 1?ave, single
family residences located on them. Only the lots in the subdivision
which are located adjacent to the streets which have been built in the
subdivision have developed in accordance to the original
Neighborhood Conservation zoning as established in 1990 and as
which the subdivision was designated upon .annexation in 1994k (All of
the properly surrounding the subdivision was designated as
Management when annexed)
2. Will there be any changes on the traffic impact in the area?
Commercial uses genera/1y create more traffic than single family
residential usea in this case, State Highway 75 North„ (an arterial
Planning and Zoning Commission
Rezoning Request - Lot 1A„ Block 1„ Southwood Area, Nodhcrest Terrace
Apra 30, 2015
street), is currently the only .availabie access to the .subject property,
and while heavily trafficked, wouki be adequate to handle any increase
in traffic.,
3. Will the rezoning adversely affect the residential character?.
Staff finds that being on an exterior corner ot the Neighborhood
Conservation Zone and ,fronting an arterial street and abutting a tract of
ad classified Management that a change to the character W011id not
substantial change the character. Should there be an issue if and
when comn?ercaI development occurs buffering 140 be required to
separate the two different land uses.
4. Is the property suitable for the use as presently zoned?
Yes, however with the only access off of State Highway 75 North,
would not be desirable for use as zoned_
5. Is the rezoning compatible with the Comprehensive Plan?
This question is difficult to answer without the .adoption of a future land
use map_ The comprehensive plan recommends that the City Is land
use pattern focus on new development in which existing utilities' .exist
and that development patterns provide for transitions and buffering
between differing land uses_ It kirther states that residential areas
should not be situated next to intense non-residential uses but that less
intense residential uses may be appropriate with performance
standards to mitigate any nuisance activities.
Adequate notice was sent to the media and surrounding property owners as
required by the Development Code and State Ilaw. After a public hearing„ it is the
duty' of the Commission to review this proposal and submit a report containing its
conclusions and recommendations to the City Council on this matter.
As of the date of this report, staff has received no comments in opposition to this
request_ There have been several calls requesting information about the case_
STAFF RECOMMENDATION:
The comprehensive plan places an emphasis on the compatibility of differing land uses
through buffering and peifoimance mitigation between JOIN intensity commercial and
neighborhood conservation developments. Although the applicant has indicated that
they wish to construct a restaurant on the site, there is nothing that prohibits most land
uses on this properly. Because the change in ZOnihg classification from Neighborhood
Conservation to Xlanagement would allow for any type of development to take place on
the property, the potential exists for incompatible land uses. For this reason, staff
recommends denial of this request
ATTACHMENTS:
Zoning Map Amendment Application
Vicinity map by staff
Zoning map
Deed restrictions
Zoning Map Amendment Application
City of Huntsville 1448 State Highway 75 Northl Huntsville, TX 773201936-294-5782
Applicant Information - As authorized by the property owner(s)
Name (:- ': \ 6 \,1 \:;,i,,,/ Q ,e,,
) ,
Mulling Address City i State Zip Code
i,
Phone Number y ,,,),-,,,) I \ CL: l IN) 11 Alternate Phone Number ( l'2 ; t
E -mail. JV )
I hereby submit this reqnest for the below amendment to the Official Zoning Map of the City of Huntsville.
Signature Date
Property Owner Information - if more than one property owner, check and attach a separate page listing all owners
Name
Mauling Address City Sc Zip Code
Phone Number Alternate Phone Number
1 Signatul.e Dare
Proposed Location for Rezoning
Address or general location of the proposed site for rezoning (Staff will assist providing maps.)
1.r/ : ( ) '\ ( ':('„, \(,„ t I ,.1,, z,.^-A 1 '':::,- A -■,(, 'C )
District Classification Change
/
Present District Classification El Downtown • Management B , Neighborhood Conservation
Proposed District Classification El Downtown iCMan,agernent E Neighborhood Conservation
Additional Information
Please provide any additional information pertinent to the City's decision for this rezoning request. You may
attach additional sheets as necessary.
Fees
$300.00 Application Fee
Public Hearing
Public hearings are required for this request. City staff will complete all the
requirements of the public hearing notice process.
ninfalniffingligginiangliall.nlifir
Received By and Date
' , '1' 0 4 10111111111111111111111111111/1/iiialiii
Fee Paid P Z Date CiIy Council Date Outcome
1 1
PD-ZMA-1
Revised: 02-2009
010 0' IN
200 100 0 saga
, inch =3nfeet
VICINITY MAP
LOT 1A, BLOCK 1
SOUTHWOOD AREA, NORTHCREST TERRACE
P & Z COMMISSION MEETING - April 30,2015
nor
Zoning Categories
Downtown
Management
MN Neighborhood Conservation
City of Huntsville
Zoning Map
Map Created By:
City of Huntsville
GIS Division
936-294-5784
w.huntsvillegis.corn
HE STATE OP TEXAS
KNOW ALL MEN BY THESE PRESENTS:-
COUNTY OF WALKER
THAT I, Fred Bobbitt, owner of the land covered by
the, attached subdivision plat showing_luzi,.ir'pE=
Subdivision situated in the. burvy,
Abstract No.6 in Walker County, Texas, prepared by W. O.
Kirkland, Registerd -State Surveyor, datedkiAgukt, 1962..
do hereby adopt 5aid attached plat for subdiViding the land
sho,Arn . thereon, to be known as the TIORTEKMEX,..JEaWZ.
Walker County, Texas, and hereby dedicate. for the use 717—TEe
public the streets specified and shown thereo n. and for the
use of the purchasers and the lots fronting thereon or adja-
cent thereto, said, streets and the utility easements indica -
ted ther on, this dedication of said, streets and utility
easements if• in.. conflict with any other or previou s. dedication,
is intended as a, correction to any such former dedication
and in lieu and instead thereof,
We. do hereby designate all of the lots shuwn thereon
as residential lots for single family dwellings to be placed .
thereon, subject to the building set-back, and side, lot lines
indicated on said. Subdivision plat, except Lots NokNO.,_Exception)
In order to subjeot said real estate to the restric-
tions, reservations easements and controls as speoified
heretofor e. and herainaftar, have and as of the date hereof
subject said property, whieh shall be binding no the under-
signed, his heirs and assigns, fur the mutual. protection. of
said property am4, eadh future owner thereof, 07 of any part,
thereof', to insure the best use and most appropriate develop-
ment to prevent haphazard and inharmonious improvements of
building sites, to secure and maintain proper street dedications,
and, set-backs from streets, uniform residential housing,
recreational, commercial and miscellaneous areas, and in general.
to stabilize and enhance the vaaues of investments mad e. by
purchasers. of building sites therein, do adopt. the following .
covenan ts. running with the land, and shall be binddng nponthe
undersigned and all persons claiming under him, until January
1st, 1990, at which time, they shall. be antomatioally extended
for successive period. of.twenty -five, (25) years. unless by a
vote the owners of a majority of the area on an election, held,
riot mor e. than five (5) year s. nor less than. three, (3) years, prior
to the end, of any termination period, it is agreed to change
aid covenants,
If the owner hereto, or his heirs or assigns,shall
violate or attempt to violate, any of the covenants herein,
it shall, be lawful for any other person or persons, owning
property situated, in said tract to prosecute any . proceedings
at law or in amity against the person or persona viniotlng
o,r attempting to violate any snch. covenants, and either to
prevent him or them fro.m so doing or to recover demugas, or
both, for such. violation.
II- :
Any invalidation of any one of these. covenants, OT
any ...part thereof, by judgement. or Court order . snail in no
wise affect any of the other provisions, actions or re
gulations, which, sha1 l. remain in full. forco and effect.
The following general covenants shall apply to the
residential,. lots as paatted and placed on record:
(a) NO building shall be, located .. nearer to the front
lot, line or nearer . to the, side street line and, the side lot
lines, than the building: set -hack lines shown on the, recorded,
plat. In any event, whether shown, or the plat or not, no
building shall be located on any residential lot. nearer than.
35 feet from the front lot line and nearer. than 20 feet from,
the sidi . street lines and nearer. than 5 feet from the side
lot lines.
(b) No residential structure shell be erected er placed .
on any building plot, which plot has an area of' lest than 6,S50
square feet or a wi dth. of less than sixty (60) feet,
(c) All residences must be constructed of masonry typle
construction on concrete slab er concrete perimeter foundation,
and no trailer, basement, tent, shack, garage, barn or other
outbuilding erected in the' tract, shall at any tiine be used as a
reaidaace temporarily or permanently, no shall any structure of'
a temporary' character be) used ss a residence.
(d) llLility easements shal l be restricted a$ shown on
recorded plat or provisiont attached thereto.
(e) Until 5U4h time as a sanitary sewer system shall have
been constructed to serve the section, a sewage, disposal. system .
constructed in accordance with the requirements of the State Health
Department shall ,. be installed to serve eaeh dwelling. The effluent,
from septic tanks shall not ,be permitted to discharge: into a
stream, storm sewer n. ,. ope ditch ar drain, unless it. haa, been first
passed through an absorption field approved by the health. authority.
(.V) Permanent residential. buildings shall have a minimum
living,' area of 1,000' square feet.
(g) The owner reserves. the right until, 50% of the area
covered by said recorded plat has been sold, to approve or dis
approvethe external design of all buildings for conformity and
harmony with existing; structures in the subdivisions or, if
there are no stractures, to determine the architectural character
of structures, to be placed thereon, and to approve or disapprove
the location of all buildings with respect to existing topography
or proposed finished, grOttrid elevations; and the location, of all
buildings with respect to property lines except as„ otherwise), pro-
vided in. the recordod plat. The power and duties, in this paragraph
reserved by the owner shall continue after 50% of the area in, said
subdivision has been sold, unless and until, as Majority cf the then
owners of the property situated in said subdivision shell elect a,
neighborhood committoe to he, composed of not less than. three (3)
owners o{ property it said,. subdivision, who shall have thc same
powers and, functions in, •Chis paragraph reserved by the present
owner. The elected neighborhood committee shall. retain. its
power s.. until they have been replaced by an election of a„ different
neighborhood committee by the or of the• property ifl . said
subdivision.
(h) No swine, goats, fowl, horses, cattle. or other
animals, except domestic household pets will be allowed to rum
at Large on said premises or be kept thereon.
(i) No trash, junk piles, wrecked, automobiles or other'
machinery or deb or any otter unsightly matter will be permitted
to remain on any of said. premises.
_ . .
(j) No business, shop or commercial operation . shall
be carried on on any or said dwelling altes no Objectionable
activities shall be conducted. which shall create a nuisance or an
annoyance to the other property owners in said. subdivision-
(k) Each residentiai . site must be maintained fre e. of
unsightly weeds, tall grass, brush and trash at all times.
(1) Na fence, wall, hedge OT MaS$ planting shall be
permitted to extend nearer to any street than the mlnimnm building
set-back line, except that nothing shall prevent the erection of a,
nebessary retaining' wall, the top of whocb does not extend more tftrL
two (2) reat. above the finished . grade at the. back o said retaining
wall.
TESTIMONY WHEREOF 'WITNESS my Win Lhi dy of
FRED 4T5 “I
THE STATE Of' TEX1L 1
COUNTY OF WALKER i BEFORE ME, the undersigned authority, on
• this day' personally appeared.. Fred Bobbitt„ known to me to he, the
p,,cirson whose name is sUbscrited to the foregoing instrument, and
,abknowledged to me that ha executed the sane or the purposes and
,...-,,t,....„,,,,--d46,6ideration, therein. expreseed.
.t.t..,'„...' •,,...t...„--...t.,,,
,tt,T. • ” ,............,::,.• GIVEN urni ND and seal, of office ttdslfday of Augu.stL,,
• 1961.1.,.., --• /2
. _
. - ,- . - - ,, • .
. . „J...., ., ,,,, •
. , .
.5.EvT•thr NOTAM PUBLIC,
Taiana ,
THE STATE OF TEXAS
COUNT! OF WALKER 1" "
-"On. this day before thz Commis sionrls Court of Walker
County, Te...Kas, at a regular meeting erof a eluoru..n being
present, came an to be considered the plat and dsdimatien sub—.
dividing a portion of the_iilaLE_DIRD4Bja,jjw:11,.u:4 Survey, Ab-,
stract No 6 Walker ecunty. Texag.3 and 3LIi the "Ind
described. UT6,..-.67ETTI attached plat prepared. by W. O. Kirkland,
State Licensed Surveyor, and the dedication being c..xecuted.
by Fred Babbitt, aated the_ali4day. of Aubuot 1962, and
said subdivision designated az NOZT:EDR1,21
'division, on a metiom duly made. and adopted said, plat and the,
dedioatioo O the structures and easements thereon were duly .
approved, and adepted,and ordered of record in the office of
the County Clerk of Walker County, Texas.°
This is to certify that the above and foregoing
is a trua. and, correct copy of the order of the Commissioner's,
Court. of Walker County made and . adopted, on the. ...24th
day af__LI2E),,I.J.La_m_m, 1962, as the same appaars im. tha rnrrci
minutes of the do.Mmissiomar's Court of Walkor County, Texas.
IN TEZTINpNY WHEJLOP WITNESS N7 HAND and seal of office
is nL 1962.
nwernmpq4amormATZr.
Fzfrgusen,4A:opumty Clork
Walker Csunty,Texas.
PLAT OF
NOR THCRES T TERRACE
11-11J N7SVILLE
WALKER COUNTY , TEXT
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Excerpt from Draft of Minutes of April 30,, 2015 Planning AS: Zoning Commission Nfeeting
regarding the rezoning request for Lot 1A, Block 1, Southwood .Area„ Northcrest Terrace
subdivision
PUBLIC HEAREcG to take testimony concerning a .request for a. change in. the zoning classification of
Lot 1A,. Block 1, Southwood Area, Nor thcrest Terrace sub ision located in the 1000 Block of State,
Highway •5 North frotin. Neighborhood Conservation to Management.
Chairman Johnston opened the public hearing. [5:37 PM]
Aron KulhatT gave an overview of the :rezoning :request a outlined in the discussion form noting .the
property as presently zoned a neighborhood consenation the property can only be used for single :family
residential. If rezoned to management the property can be .used for any use allowed per the fhwelgpment
Code. The property only has frontage on SH 75 N. a thoroughfare street, along .which standard planning
principles lean toward commercial development However, since the City does not have a Future Land Use
Pien in the Comprehensive Plan and any use of the property is allowed in management. Staff recommends
denial of the rezoning of the property froin neighborhood conservation to management Kulhavy also
pointed out that the property is not located in a ''''wet zone, so alcohol sales and. OT consumption .would not
be allowed on the property. He also added that Staff has received numerous calls regarding the nature of
the rezoning request with none being in opposition
Datum Jannes-Perez„ applicant „SC property owner representative, spoke and answered questions regarding
the rezoning request for the property. She indicated that the :request to rezone the property is far the
relocation oldie local restaurant larown. as .Rodeo, Mexican .Bar & GrrU which she and Otilio, Perez co-own
and operate. Their plan is to relocate the :restaurant .when their current kase, 0-year), i up. They also plan
to construct a honk, single family residence, on rear portion of the property, with the restaurant being
located at the front of the property, near S 5 N... She indicated that they will the say* significant
operating: costs t on the relocation of the restaurant that the loss of alcohol sales wid. not :matter to the
success of the restaurant. Kulhavy stated the property owners would be able to cons:ft-13d both the
restaurant and a single family residence on the property if the property is rezoned to management.
Commissioner Hilton asked if Ms. Perez is willing to take the appropriate action to release the property
from the singe family subdivisiondeed restriction if the property is rezoned. She indicated that she will do
what ever is, :necessary.
Tara Grisham,: resident of the stbdivision, spoke in opposition to the rezoning of the property- due to an
anticipated increase in traffic that the restaurant will bring to an already congested area.
e0111.111iSSiOner Hilton inquired regarding my plans for liquor rezoning of the area. Kulhavy answered
that to the best of his knowledge that Precinct One is considering getting a petition together to have it
rezoned but he does not know any specifics. This property is located in Precinct One.
Chairman Johnston closed the Public Hearing. [5:57 PM]
6. CONSIDER the .testimony concerning a request for a change in the zoning classification of Lot 1A,. Block.
1, Southwood Area, Northcrest TaTace subdivision Located in the 100 Block of State Highway 75 North
from Neighborhood. Conservation to IN,lanagement.
Chairman Johnston opened the discussion by stating that the applicant's plan to construct a single family
home, on the property adds a different aspect to the issue. The home will provide a 'buffer between the
restaurant and the existing homes in the subdivision. Traffic is, an issue .that people who reside in the
stbdivision will have to deal .with due to the fact that the subdivision is located between a State Highway
and lipaterstate 45.
Commissioner Hilton expressed his concerns regarding: the existing FA clivisionideed restriction of the
property-. Kulhavy eplied that there are existing violations of the restrictions in the sadivision„ and there,
Excerpt from Draft of Minutes of April 30, 2015 Planning & Zoning Commission \Ieeti .g
regarding the rezoning request for Lot IA, Black 1, Southwood. Area„ Northcrest Terrace
subdivision (continued)
is not an active Home Darner's Association for the subdivision, howevief the restrictions ar e. still in place
for the subdivision. He also added that the property is of sufficient size, 1.5 acres., to contain both a
restaurant and a single family home when questioned regarding the size of the property by Commissioner
Hilton
Commissioner Woods impaired as to Staff knowledge of the applicant's intent to also cons:till& a single
farni bonne on the property and Whether this would change Staff :reconamentiation regarding the rezoning
request. Kulluny replied that Sta.ff had no knowledge of this prior to this evening's Public Heating and it
would not change the Staff recommendation.
Commissioner Hilton asked if would be possible to conditionally approve the rezoning. Kulha.vy
responded no conditional approval is not possible in a rezoning case. however the commission can make
recomariendations regarding the rezoning.. Commissioner hon elcpressed 1.3i s desire to have the applicant
take meaures to have the subdivision restrictions released for the property if the rezoning of the
property is approved... Chairman johnstan added that the. property owner will have to notify all oldie
property owners within the subdivision and have 51% of the property owner agree to release the
restrictions. Commission Woods inquired if this would be a requirement if the rezoning is. approved Kulhavy and Johnston responded that it would not be a requirement, only a recommendation
Commissioner Woods made note of the fact that this property, being located adjacent to SH 7'5 N. is
property that would be included in the talked about CommissionCity Staff initiated rezoning case for
neighborhood conservation zoned property loc.ated adjacent to SH 75 N.
Commissioner Hilton made a motion to approve the rezoning of the property. „Second was L Commissioner
floods. :The ote was unani mous .
AFFP
AN ORDINANCE OF THE CITY
Affidavit of Publication
STATE OF TEXAS }
COUNTY OF WALKER }
SS
Rita Haldeman, being duly sworn, says:
That he is Publisher of the The Huntsville Item, a daily
newspaper of general circulation, printed and published in
Huntsville, Walker County, Texas; that the publication, a
copy of which is attached hereto, was published in the said
newspaper on the following dates:
July 12, 2015, July 14, 2015
That said newspaper was regularly issued and circulated
on those dates.
SIGNED:
rf�
Pullfisher
Subscribed to and sworn to me this 14th day of July 2015.
/f7—/J- )
William F. Hamilton, Notary Public, Walker County, Texas
My commission expires: April 08, 2019
00010671 00002708
*** LEGALS III ***
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE,
TEXAS. Adopted by the City of Huntsville City Council on June 2, 2015. Lee
Woodward, City Secretary.
7-12, 7-14
WILLIAM F. HAMILTON
Notary Public
STATE OF TEXAS
My Comm. Exp. APrll 8, 2019
SUNDAY, JULY 12, 2015
CLASSI
'Classlfied 1/4
Place: a classit
CaII: 936495.5
Send a fax: 934
View the Class
AN ORDINANCE AMENDING THE CITY OF
HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER
12"BUILDINGS AND BUILDING
REGULATIONS"; MAKING OTHER
PROVISIONS AND FINDINGS THERETO;
AND DECLARING AN EFFECTIVE DATE.
Adopted by the City of Huntsville City Council
on July 7, 2015. Lee Woodward, City Secretary.
7-10, 7-12
NOTICE TO CREDITORS
Notice is hereby given that on the 30th day of
June, 2015, Letters Testamentary upon the
Estate of Joseph S. Bates, Deceased, were
granted to the Independent Executrix, Margaret
McNeill Bates, by the Honorable Judge of the
County Court of Walker County, Texas, in Cause
No. 8,877PR, pending upon the Probate Docket
of said Court.
All persons having claims against said
Estate are hereby Instructed to present the same
within the time prescribed by law to the personal
representative in care of the personal
representative's attorney at the address shown
below: Margaret McNeill Bates, Independent
Executrix
c/o Robert L. Frank
Frank Law Firm, L.L.P.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS,
AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF HUNTSVILLE, TEXAS. Adopted
by the City of Huntsville City Council on June 2,
2015. Lee Woodward, City Secretary,
7-12, 7-14
TO WHOM IT MAY CONCERN
On 6/13/15 a red 2009 Pontiac G6,
OK License # 601GRZ, was towed by
Paul's Wrecker. It is stored at 841-A FM 247,
Huntsville, Texas. VSF# 0583964 VSF. The
total charge as of 7/10/15 is $822.80
Any person with legal claim to this vehicle
needs to call (936) 295-0909.
7-12
PUBLIC NOTICE
CITY OF HUNTSVILLE
Texas General Land Office
Ike 2.2 Grant Funding
The City of Huntsville will hold a final public
meeting at 530 p.m. on July 20, 2015, at City
Hall, 1212 Avenue M in regard to the closeout of
the grant from the Texas General Land Office far
an Ike 2.2 grant. The purpose of this meeting is
to allow citizens an opportunity to discuss the
Citizen ocLrtacination A an, thn riownInnrn ant of
TUESDAY, JULY 14, 2015 SIFIED
december 2014 as well a i
adjustment to.proviee for rt
Investment, operating exp
related to Entergy Texas'
Union Power Station Pow
Texas further requests the
reconcile Its exiSting.<este
factor (" DORF") and roque
now rate schedules/riders,
The Application includes tl
among other things:
Entergy Texas proposes al
rates and rider rates desig
norstuel retail revenue req
Texas of approximately $9�
WhichIs an increase of $7 at 450 Hwy 75 North, Huntsville, TX 77320
compared to adjusted rota or at the City of Huntsville website:
revenues resulting from if www.huntsvilletx.gov
in Docket No.41791, which: 15 - 16 RFP Gift shop use and occupancy of
last base rate case, and Dry commercial space
which was Entergy Texas' D
proposal represents an inch
revenues, including fuel, of .1
increase includes a limited•I
Expense Rider, described L AN ORDINANCE OF THE CITY COUNCIL OF
approximately $3.017 melee THE CITY OF HUNTSVILLE, TEXAS,
three years. 1 AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF HUNTSVILLE, TEXAS. Adopted
�dd1o�Iailtf 5 by the City of Huntsville City Council on June 2,
EntergyTexaS is propoSing 12015. Lee Woodward, City Secretary.
schedules or riders as fafloe
A Rate Case Expense Ride
which is designed to recove
period, certain rate Case ex
Texas and participating murl
consistent with PURA §e 36
33.023(b). In particular, Ent Application has been made with the
recover expenses reasanabl Texas Alcoholic Beverage
incurred in relation to (t) this Commission for a Mixed Beverage
(Docket No. 44704) and (2) ( Permit with a Mixed Beverage Late
remaining expenses for the; Hours Permit and a Beverage
Texas base rate case Docket Cartage Permit by Blazin' Wings
associated rale case expend Inc. d/b/a Buffalo Wild Wings
Docket No. 40295. Entergy i located at 203 IH 45 South,
such total costs at approxim4 Huntsville, Walker County, TX
which would result In recover 77340. Officers of said corporation
53.017 million per year. Hoff are Sally J.Wold, President/CEO/
proposed that Rider RCE -4 G Director, Mary J. Twinem, CFO/
amount of reasonable and n4 Treasurer/Secretary, James M.
expenses actually Incurred, 1 Schmidt, VP, and Emily C. Decker,
the Commission. This rider W
approximately three years, a VP
revenues are collected. This
all Entergy Texas retail rate I
THE HUNTSVILLE ITEM 9A
LEGAL NOTICE
it is the City of Huntsville's intent to accept
request for proposals (RFP) for gift shop use
and occupancy of commercial space. Floquest
for proposals will be accepted In the City
Secretary's office at 1212 Avenue M, Huntsville,
TX 77340 no later than 2:00. p.m. Central
Standard Time Friday, July 31, 2015. It Is the
responsibility of the responder to have RFP
packet at specified time and location. RFP
packets will be publicly announced with firm
names read at City Hall 1212 Avenue M
beginning at 2:00 p.m. Central Standard Time
Friday. July 31, 2015. RFP packets may be
obtained from the office of the purchasing agent
7-7, 7-14
Legals
7-12, 7-14
Legals
Legal Notice
A new Area Lighting Service
specific for Light Ernitiing Dia
7-14, 7-15
Legals
LEGAL NOTICE
technology, which Entergy T It is the City of Huntsville's intent to accept
name Schedule ALS -LED. F request for proposals (RFP) for solid waste
Owner operator transport firms. bequest for
Entergy Texas proposes to ,proposals will be accepted in the City
fighting options for private-araSecretary's office at 1212 Avenue M. Huntsville,
under this schedule will rang4TX 77340 no tater than 2:00 p.m. Central
1 per month, tiapondin Standard Time Thursday, July 30, 2015. It Is the
$20.7
$20.7ed responsibility of the responder to have RFP
packet at specified time and location. RFP
packets will be publicly announced with firm
To the extent a proposed neeinames read at City Hall 1212 Avenue M
is not approved as requested:beginning at 2:00 p.m. Central Standard Time
rider or schedule, Entergy Ter{ rhursda , July 30, 2015. RFP packets may be
recover the costs that it sou obtained from the office of the purchasing agent
9la1450 Hwy 75 North, Huntsville, TX 77320 or at
through the rider or schedule the City of Huntsville website:
rates or other rate mechanieniwww.huntsviltetx.gov
recover non -fuel costs. Enterrl5— 17 RFP Solid Waste Owner Operator
requests that the Camntissior Transport Firms
exceptions to the extent nece
require auxiliary aids or services for this
meeting should contact City Hall at least two
days before the meeting so that appropriate
arrangements can be made.
7-14
1
t'uhllc Nance
PUBLIC NOTICE
CITY OF HUNTSVILLE
TEXAS CAPITAL FUND
The City of Huntsville willl hold a public hearing
at 5:30 p.m. on July 20, 2015, at City Hall, 1212
Avenue M in regard to the submission of the
.applicalion to the Texas Department of
Agriculture for a Texas Capital Fund Main Street
Improvements grant. The purpose of this
meeting is to allow citizens an opportunity to
discuss the citizen participation plan, the
development of local housing and community
development needs, the amount of funding
available, all eligible activities, and tlie.use of
•past funds. The City encourages citizens to
participate in the development oI their TCF
application and make their views known at this
public hearing. Citizens unable to attend 1hls
meeting may submit their views and proposals to
Dr. Sherry McKibben, Director of Neighborhood
Resource at Huntsville City Hall. Persons with
disabilities that wish to attend this meeting
should contact City Hall to arrange for
assistance. Individuals who require auxiliary aids
or services for this meeting should contact City
Hall at least Iwo days before the meeting so that
appropriate arrangements can be made.
7-14
Publin Hoke
PUBLIC NOTICE
CITY OF HUNTSVILLE
TEXAS COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
Disaster Recovery
The City of Huntsville will hold a public hearing
at 5:30 p.m. an July 20, 2015, at City Hall, 1212
Avenue M In regard to the submission of the
application to the Texas Department of
Agriculture for a Texas Community
Development Block Grant -- Disaster Recovery
(TxCDBG-DR) grant. The purpose of this
meeting is to allow citizens an opportunity to
discuss the citizen participation plan, the
development of local housing and community
development needs, the amount of TxCDBG-DR
funding available, ail eligible TxCDBG-DR
activities, and the use of past TxCDBG-DR
funds. The City encourages citizens to
participate in the development of their
TxCDBG-DR application and make their views
known al this public hearing. Citizens unable to
attend this meeting may submit their views and
proposals to Dr. Sherry McKibben, Director of
Neighborhood Resources at 9.36-291.5428.
Persoris with disabilities that wish to attend this
meeting should contact City Hall to arrange for
assistance. Individuals who require auxiliary aids
or services for this meeting should contact City
Hall at least two days before the meeting so that
appropriate arrangements can be made.
7-14
•
Gantral Help Wanted
ATHLETIC EQUIP.INSTALLER
*be able to pass drug test
*background test
*Limited tattoos
*able to lift 125 lbs
*able to travel
`prefer construction experience
*valid drivers license
send resume to
customercare@Texassportsequiptment.com
=mini iffiumui