HomeMy WebLinkAboutOrd No. 11-3553114
ZONING ORDINANCE- Zone Case 816
Specific Use Permit
ORDINANCE NO. 11 -3553
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, BY ISSUANCE OF A SPECIFIC USE PERMIT TO LOCATE
A TWO FAMILY (2 -F) RESIDENTIAL STRUCTURE IN A MULTIFAMILY
2 (MF -2) ZONING DISTRICT, SAID PARCEL BEING THRASHER PLV
LOT 2 CUMULATIVE 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 33 the requirements for obtaining a Specific Use
Permit; and
WHEREAS, Shannon Thrasher, acting agent and representative for the owner,
Albert Thrasher, has requested a Specific Use Permit to locate a Two Family (2 -F)
Residential structure in a Multi Family 2 (MF -2) Zoning District, said parcel being
THRASHER PLV LOT 2, City of Plainview, Hale County, Texas same being located at
2208 W 16 and
WHEREAS, the proposed issuance of a Specific Use Permit, as herein after
made, has been duly presented to the Planning and Zoning Commission for its
recommendation, and they found that the use is in general conformance with the Master
Plan and contains requirements and safeguards necessary to protect adjoining property
owners; and
WHEREAS, upon the Planning and Zoning Commission's recommendation to the
City Council that said Specific Use Permit be granted, the City Council heard such
recommendation and heard persons appearing in support or against such proposal in
the Council Chambers of City Hall, Plainview, Texas; and
WHEREAS, the City Council determined that such Specific Use Permit is in
general conformance with the Master Plan of the City and contains requirements and
safeguards necessary to protect adjoining property owners; and
WHEREAS, the City Council further found the request of such permit is
consistent with the goals, policies, and future land use map of the Master Plan for the
City of Plainview, Texas; and
WHEREAS, the City Council determined that issuance of the Specific Use Permit
would not be detrimental or injurious to the public health, safety or general welfare, or
otherwise offensive to the neighborhood, and said Specific Use Permit should be issued
in the manner hereinafter set forth in the body of this Ordinance.
Ord. No. 11 -3553
Thrasher 2 -SUP Page 1 of 4
SECTION I
The request of Shannon Thrasher, acting agent and representative for the owner,
Albert Thrasher, for a Specific Use Permit to locate a Two Family (2 -F) Dwelling in a
Multi- Family (MF -2) Zoning District, said parcel being THRASHER PLV LOT 2, City of
Plainview, Hale County, Texas same being located at 2208 W 16 is approved with
the following conditions:
SECTION II
The Chief Building Official and /or his /her designee shall inspect such
construction as often as necessary to insure compliance with the provisions of the
applicable building codes adopted in the City of Plainview's Code of Ordinances.
SECTION III
NOW, THEREFORE, the City of Plainview hereby ordains that:
(1) All building permits are obtained.
(2) All inspections are conducted to insure building codes have been adhered to
in compliance with the City of Plainview Code of Ordinances.
(3) Combination Plat for the above described property must be approved and
filed with the county clerk along with the Dedication Deed which includes utilities,
specifically a sewer line being constructed to run along the said property's front
right of way to serve said property.
(4) No building premise, or land used under this permit may be enlarged,
modified, structurally altered or otherwise significantly changed unless a separate
Specific Use Permit is granted.
If such provisions of this permit are violated or the permitted use for this permit is
interrupted or stopped for a period of one (1) year, then the rights and privileges granted
by this permit cease to exist.
SECTION IV
The Chief Building Official shall have continuing jurisdiction over all specific use
permits and may revoke, modify, or suspend the approval of this permit after a public
hearing with the Planning and Zoning Commission is posted and notice is given to all
owners of real property within two hundred (200) feet. This permit may be revoked,
modified, or suspended under the following conditions:
Ord. No. 11 -3553
(1) The permit was obtained by fraud or misrepresentation;
(2) The use has been exercised contrary to the conditions of its approval; or
(3) The use permitted by said permit has been exercised so as to be detrimental
to the public health, safety, or welfare or as to constitute a nuisance.
Thrasher 2 -SUP Page 2 of 4
115
116
SECTION V
The purpose of this Ordinance is to protect the public interests of the surrounding
area and the health, safety, or welfare as well as to reduce dangers of the persons
residing or working in or adjacent to the neighborhood.
SECTION VI
Severability is intended throughout and within this Article. If any provisions,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A
constitutional construction hereof is intended and shall be given. There is not intent
herein to violate either of the Texas Constitution or the Constitution of the United States.
SECTION VII
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 VIII
All 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 IX
This Ordinance shall be of full force and effect upon its passage and publication
as required by law.
PASSED AND APPROVED on first reading this 24 day of May, 2011.
PASSED AND APPROVED on second reading this 14 day of June, 2011.
Ord. No. 11 -3553
g
hn C. Anderson, Mayor
Thrasher 2 -SUP Page 3 of 4
ATT T:
Belinda Hinojosa, City Secr
APPROVED AS TO CONTENT
Delwin Derrick, C ief Building Official
APPROVED AS TO FORM:
1.11 1
Lesli- Spear Pea 1 City Attorney
Ord. No. 11 -3553
Thrasher 2 -SUP Page 4 of 4
117