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HomeMy WebLinkAboutOrd No. 12-3572184 ZONING ORDINANCE - Zone Case 827 ORDINANCE NO. 12 -3572 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF PLAINVIEW, TEXAS FOR REZONING FROM A SINGLE - FAMILY RESIDENTIAL (R -2) ZONING DISTRICT TO A COMMERCIAL RETAIL BUSINESS (C -2) ZONING DISTRICT SAID PARCEL BEING S135.36' BLOCK 43, LAKESIDE ADDITION, CITY OF PLAINVIEW, HALE COUNTY, TEXAS THE SAME BEING LOCATED AT 1802 QUINCY STREET; 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, Mark and Robin McClanahan requested the rezoning from a Single - Family Residential (R -2) Zoning District to a Commercial Retail Business (C -2) Zoning District, said parcel being S135.36' Block 43, Lakeside Addition, City of Plainview, Hale County, Texas, the same being located at 1802 Quincy Street, City of Plainview, Hale County, Texas; and WHEREAS, the proposed rezoning, 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, the City Council determined that such rezoning from Single - Family Residential (R -2) Zoning District to a Commercial Retail Business (C -2) Zoning District, same being at 1802 Quincy Street, City of Plainview, Texas, 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 rezoning 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 this rezoning would not be detrimental or injurious to the public health, safety or general welfare, or otherwise offensive to the neighborhood, said rezoning shall be in the manner hereinafter set forth in the body of this Ordinance. Ord. No. 12 -3572 NOW, THEREFORE, The City of Plainview Hereby Ordains that: 1802 Quincy Page 1 of 3 SECTION I The request of Mark and Robin McClanahan for rezoning from a Single - Family Residential (R -2) Zoning District to a Commercial Retail Business (C -2) Zoning District, said parcel being S135.36' Block 43, Lakeside Addition, City of Plainview, Hale County, Texas the same being located at 1802 Quincy Street, City of Plainview, Hale County, Texas. 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 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 IV Severability is intended throughout and within this Ordinance. 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 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 V 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 April, 2012. PASSED AND APPROVED on second reading this 8 th ray of May, 2012. Ord. No. 12 -3572 1802 Quincy ohn C. Anderson, Mayor Page 2 of 3 185 186 ATT T: Belinda Hinojosa, City Secret APPROVED AS TO CONTENT: Jeffrey ''der, j istant City Manager APPROVED AS TO FORM: Les ie Spear Pearce, City Attorney Ord. No. 12 -3572 1802 Quincy Page 2 of 3