HomeMy WebLinkAboutOrd No. 11-3567ZONING ORDINANCE - Zone Case No. 823
Specific Use Permit
ORDINANCE NO. 11 -3567
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW BY ISSUANCE OF A SPECIFIC USE PERMIT TO
OPERATE A PLACE OF WORSHIP IN A RESIDENTIAL (R -1) ZONING
DISTRICT, SAID PARCEL BEING 2800 W. 11TH STREET OF THE
BRANDES PLV ADDITION, BLOCK 1, LOTS 1 -3, CITY OF PLAINVIEW,
HALE COUNTY, TEXAS; 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 33 the requirements for obtaining a Specific Use
Permit; and
WHEREAS, Stonebridge Fellowship Church, acting agent and representative for
the owner Northwest Church of Christ, until such Church is under new ownership, has
requested a Specific Use Permit to operate a place of worship in a Residential (R -1)
Zoning District, same being 2800 W. 11th Street of the Brandes Ply Addition, Block 1,
Lots 1 -3, City of Plainview, Hale County, Texas; and
WHEREAS, Stonebridge Fellowship Church is buying and will own such building
on or about October, 2011, and then, such Permit will operate for them as the new
Owner of such Church; 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 the 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
Ord. No. 11 -3567
WHEREAS, the City Council determined that issuance of the Specific Use Permit
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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 shall be issued
in the manner hereinafter set forth in the body of this Ordinance.
SECTION I
The request of Stonebridge Fellowship Church, acting agent and representative
for the owner, Northwest Church of Christ, until such Church is under new ownership,
for a Specific Use Permit to operate a place of worship in a Residential (R -1) Zoning
District, said parcel being at Lots 1 -3, Block 1, Brandes Plv Addition, City of Plainview,
Hale County, Texas, same being located at 2800 W. 11th Street, is approved.
SECTION II
Stonebridge Fellowship Church is buying such Church from the Northwest
Church of Christ and will own such building on or about October, 2011. Upon the
transfer of such Ownership to the Stonebridge Fellowship Church, this Specific Use
Permit will operate for them as the new Owner of such Church.
SECTION III
The Chief Building Official and /or his designee shall inspect such occupancy as
often as necessary to insure compliance with the provisions of local, state, and federal
laws. If such provisions of this permit are violated, then the City Council shall have the
right to revoke this Specific Use Permit. -'
SECTION IV
The purpose of this Ordinance is to protect the public interest and provide for the
public safety and welfare. The issuance of this Specific Use Permit shall not constitute a
guarantee or warranty that the operation of such structure and property as a Church is
safe and free of defects.
SECTION V
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 VI
Ord. No. 11 -3567
NOW, THEREFORE, The City of Plainview hereby ordains that:
Severability is intended throughout and within this Article. If any provision,
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
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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
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 VIII
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 8 day of December, 2011.
PASSED AND APPROVED on second reading this 13 day of December, 2011.
ATT , T:
Belinda Hinojosa, City Se
APPROVED AS TO CONTENT:
/0-(// ()
Delwin Derrick, Chief Building Official
APPROVED AS TO FORM:
Les ie Spear Pe rce, City Attorney
Ord. No. 11 -3567
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n C. Anderson,
yor
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