HomeMy WebLinkAbout94-3028243
ZONING ORDINANCE - Zone Case 623
FRANK AND MAX GABRIEL
ORDINANCE NO. 94-3028
AN ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF PLAINVIEW, HALE COUNTY, TEXAS TO
REZONE PROPERTY LOCATED ON A 10.12 ACRE TRACT
LOCATED IN THE NORTHEAST PART OF SECTION 29,
BLK JK-2, HALE COUNTY, TEXAS, KNOWN AS TRACT
"B" ON THE PROPOSED PRELIMINARY PLAT OF LA
MESA SUBDIVISION, UNIT NO. 3, FROM AN A,
AGRICULTURE, AND C-3, COMMERCIAL ZONING
DISTRICTS TO MF-2, MULTI-FAMILY--2 ZONING
DISTRICT; A 2.07 ACRE TRACT LOCATED IN THE
NORTHEAST PART OF SECTION 29, BLK JK-2, HALE
COUNTY, TEXAS, KNOWN AS LOTS 29 - 33 ON THE
PROPOSED PRELIMINARY PLAT OF LA MESA
SUBDIVISION, UNIT NO. 3, FROM A, AGRICULTURE
ZONING DISTRICT TO R-l, RESIDENTIAL-1 ZONING
DISTRICT; A 8.02 ACRE TRACT LOCATED ON THE
NORTHEAST PART OF SECTION 29, BLK JK-2, HALE
COUNTY, TEXAS KNOWN AS LOTS i - 28 ON THE
PROPOSED PRELIMINARY PLAT OF LA MESA
SUBDIVISION UNIT NO. 3, FROM AN A, AGRICULTURE
ZONING DISTRICT TO 2-F, DUPLEX AND GARDEN
(PATIO) HOME RESIDENTIAL DISTRICT; A 2.70 ACRE
TRACT LOCATED IN THE NORTHEAST PART OF SECTION
29, BLK JK-2, HALE COUNTY, TEXAS KNOWN AS
TRACTS "C AND "D" ON THE PROPOSED PRELIMINARY
PLAT OF LA MESA SUBDIVISION, UNIT NO. 3, FROM
A, AGRICULTURE TO O, OFFICE ZONING DISTRICT; A
1.76 ACRE TRACT LOCATED IN SECTION 29, BLK JK--
2, HALE COUNTY, TEXAS KNOWN AS~ TRACT "E" ON
THE PRELIMINARY PLAT OF LA MESA SUBDIVISION,
UNIT NO. 3, FROM A, AGRICULTURE ZONING
DISTRICT TO C-3, COMMERCIAL - 3 ZONING
DISTRICT. CUMULATIVENESS CLAUSE; CONFLICTS
CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE
DATE.
WHEREAS, Ordinance No.89-2798 , known as the City of Plainview
Zoning Ordinance, sets forth in Section 5 the requirements for
amending the zoning map of the City of Plainview, Texas; and
WHEREAS, Frank and Max Gabriel have requested that property
located on a 10.12 acre tract located in the Northeast part of
Section 29, Blk JK-2, Hale County, Texas, known as tract "B" on the
proposed preliminary plat of La Mesa Subdivision, Unit No. 3, From
an A, Agriculture, and C-3, Commercial zoning Districts to MF-2,
Multi-Family-2 Zoning District; a 2.07 acre tract located in the
Northeast part of Section 29, Blk JK-2, Hale County, Texas, known
1 OF 4
244
as lots 29 - 33 on the proposed preliminary plat of La Mesa
Subdivision, Unit No. 3, From A, Agriculture Zoning District to R-
1, Residential-1 Zoning District; a 8.02 acre tract located on the
Northeast part of Section 29, Blk JK-2, Hale County, Texas known as
lots 1 - 28 on the proposed preliminary plat of La Mesa Subdivision
Unit No. 3, From an A, Agriculture Zoning District to 2-F, Duplex
and Garden (Patio) Home Residential District; a 2.70 Acre tract
located in the Northeast part of Section 29, Blk JK-2, Hale County,
Texas known as tracts "C" and "D" on the proposed preliminary plat
of La Mesa Subdivision, Unit No. 3, from A, Agriculture to O,
Office Zoning District; a 1.76 Acre tract located in Section 29,
Blk JK-2, Hale County, Texas known as tract ,E" on the preliminary
plat of La Mesa Subdivision, Unit No. 3, From A, Agriculture Zoning
District to C-3, Commercial - 3 Zoning District.
WHEREAS, notice of a public hearing to discuss said rezoning
was published in the Plainview Daily Herald before the 15th day
prior to the hearing date; and
WHEREAS,, said hearing was held in the Council Chambers of the
City Hall, Plainview, Texas, at which time persons appeared in
support of the proposal; and
WHEREAS, the proposed rezoning, as hereinafter made, has been
duly presented ito the Planning and Zoning Commission for its
recommendat~'on which was received by the City Council; and
WHEREAS, it was determined by the City Council :that it would
be in the best public interest to rezone the property as described
below in the manner hereinafter set forth in the body of this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the
City of Plainview, Texas that:
SECTION I
The request of Max and Frank Gabriel to rezone the following
parcel of properties being described as follows:
A 10.12 acre tract located in the Northeast part of
Section 29, Blk JK-2, Hale County, Texas, known as tract
"B" on the proposed preliminary plat of La Mesa
Subdivision, Unit No. 3, From an A, Agriculture, and C-3,
Commercial zoning Districts to MF-2, Multi-Family-2
Zoning District; a 2.07 acre tract located in the
Northeast part of Section 29, Blk JK-2, Hale County,
Texas, known as lots 29 - 33 on the proposed preliminary
plat of La Mesa Subdivision, Unit No. 3, From A,
Agriculture Zoning District to R-l, Residential-1 Zoning
District; a 8.02 acre tract located on the Northeast part
of Section 29, Blk JK-2, Hale County, Texas known as lots
2 OF 4
245
1 - 28 on the proposed preliminary plat of La Mesa
Subdivision Unit No. 3, From an A, Agriculture Zoning
District to 2-F, Duplex and Garden (Patio) Home
Residential District; a 2.70 Acre tract located in the
Northeast part of Section 29, Blk JK-2, Hale County,
Texas known as tracts "C" and "D" on the proposed
preliminary plat of La Mesa Subdivision, Unit No. 3, from
A, Agriculture to O, Office Zoning District; a 1.76 Acre
tract located in Section 29, Blk JK-2, Hale County, Texas
known as tract "E" on the preliminary plat of La Mesa
Subdivision, Unit No. 3, From A, Agriculture Zoning
District to C-3, Commercial - 3 Zoning District.
is hereby granted.
SECTION II
Provisions of this ordinance are cumulative and nothing herein
shall prevent, alter, or diminish the applicability or enforcement
of other ordinances restricting, regulating or governing the
subject matter herein.
SECTION III
Ail ordinances or portions of any ordinance of the City of
Plainview, Texas in conflict herewith, are hereby amended to
conform with the provisions hereof.
SECTION IV
Should any section, subsection, or any portion hereof be
deemed invalid for any reason, such holding shall not render or
invalidate any other section, sub-section, sentence, provision,
clause, phrase, or word severable therefrom and the same shall be
deemed severable for this purpose.
SECTION V
This ordinance shall be of full force and effect upon its
passage and publication as required by law.
PASSED AND APPROVED this
Lloyd C. WoOds, Mayor
3 OF 4
246
ATTEST:
Ka~'en McBeth, City Secretary
APPROVED AS TO CONTENT:
Muff-l~d0n, Dir~ df-Community Development
APPROVED AS TO. FORM:
Wally Hatch, Cit~ ~.tto/n~y '
4 OF 4