HomeMy WebLinkAboutOrd No. 12-3587ZONING ORDINANCE - Zone Case 834
ORDINANCE NO. 12 -3587
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS FOR THE REZONING FROM A SINGLE FAMILY
RESIDENTIAL ( "R -1 ") ZONING DISTRICT TO A COMMERCIAL GENERAL
BUSINESS ( "C -3 ") ZONING DISTRICT SAID PARCELS BEING A 1.07 ACRE
TRACT, OF WHICH 0.33 ACRES ARE OUT OF THE NW PART OF LOT C
AND 0.74 ACRES ARE OUT OF THE SW PART OF LOT D, BLOCK 88,
COLLEGE HILL ADDITION, CITY OF PLAINVIEW, HALE COUNTY, TEXAS;
THE SAME BEING 3110 W. 7 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, Muddy Frog, a Limited Liability Corporation, has requested the
rezoning from a Single Family Residential ("R-1") Zoning District to a Commercial General
Business ( "C -3 ") Zoning District said parcels being a 1.07 acre tract, of which 0.33 acres
are out of the NW part of Lot C and 0.74 acres are out of the SW part of Lot D, Block
88, College Hill Addition, City of Plainview, Hale County, Texas; the same 3110 W. 7
Street; 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 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 such rezoning would not be
detrimental or injurious to the public health, safety or general welfare, or otherwise
offensive to the neighborhood, said rezoning shall issue in the manner hereinafter set
forth in the body of this Ordinance;
SECTION I
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
The request of Muddy Frog, a Limited Liability Corporation, for the rezoning from a
Single Family Residential ("R-1") Zoning District to a Commercial General Business ( "C-
229
230
3 ") Zoning District said parcels being a 1.07 acre tract, of which 0.33 acres are out of the
NW part of Lot C and 0.74 acres are out of the SW part of Lot D, Block 88, College Hill
Addition, City of Plainview, Hale County, Texas; the same being 3110 W. 7 Street, 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 ordinance 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
purpose.
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 27 day of November, 2012.
PASSES AND APPROVED on second reading this 11 day of December, 2012.
ATT r . T: c.,
Belinda Hinojosa, City Secreta
APPROVED AS TO CONTENT:
Jeffre
!Assistant City Manager
APPROVED AS TO FORM:
Leslie Spear Pearce, City Attorney
Ordinance No. 12 -3587
Wendell Dunlap, Mayor
Zoning Ordinance - Case 834 Page 2 of 3
231