HomeMy WebLinkAboutOrd No. 12-3583220
ZONING ORDINANCE - Zone Case 831
ORDINANCE NO. 12- 3583
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW FOR REZONING FROM A HEAVY INDUSTRIAL (M -2)
ZONING DISTRICT TO A LIGHT INDUSTRIAL (M -1) ZONING DISTRICT,
SAID PARCEL BEING LOTS 8 -9 AND LOTS 12 -14, BLOCK 23 OF THE
MCCLELLAND ADDITION, CITY OF PLAINVIEW, HALE COUNTY,
TEXAS, THE SAME BEING 1101 -1109 EAST FIFTH 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, Jorge and Maria R. Flores have requested the rezoning from a Heavy
Industrial (M -2) Zoning District to a Light Industrial (M -1) Zoning District, said parcel being
Lots 8 -9 and Lots 12 -14, Block 23 of the McClelland Addition, the same being 1101 —
1109 E. 5 Street, City of Plainview, Hale County, Texas, with the exception of Lots 10
and 11 which are already zoned as a M -1 Zoning District; and
WHEREAS, the proposed rezoning as hereinafter 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 a Heavy
Industrial (M -2) Zoning District to a Light Industrial (M -1) Zoning District, same being
1101 -1109. East 5 Street, City of Plainview, Hale County, 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.
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
Ordinance No. 12 -3583
1101 -1109 E. 5th Page 1 of 3
SECTION I
The request of Jorge and Maria R. Flores for the rezoning from a Heavy Industrial
(M -2) Zoning District to a Light Industrial (M -1) Zoning District for Lots 8 -9 and Lots 12 -14,
Block 23 of the McClelland Addition, the same being 1101 -1109 E. 5 th Street, City of
Plainview, Hale County, Texas, is approved.
SECTION II
Code Enforcement officers shall have the right to enter such premises to make an
inspection or acquire information to determine if the premises and use of the premises
complies with this Ordinance.
SECTION III
Any person, whether owner, lessee, principal, agent, employee, or otherwise, who
violates this Ordinance shall be liable for such violation and fined in accordance to the
City of Plainview Zoning Code of Ordinances, Section 41, Violations and Penalties.
SECTION IV
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 V
All ordinances or portions of any ordinances of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VI
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 VII
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 9 th day of October, 2012.
Ordinance No. 12 -3583
1101 -1109 E. 5 Page 2 of 3
221
222
PASSED AND APPROVED on second reading this 23 day of October, 2012.
ATTEST:
Oa
Belinda Hinojosa, City Secretary
APPROVED AS TO CONTENT:
Jeffs °', Assistant City Manager
APPROVED AS TO FORM:
Lesl : Spear Pearce, City Attorney
Ordinance No. 12 -3583
1101 -1109 E. 5
Wendell Dunla•, Y ayor
Page 3 of 3
