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ZONING ORDINANCE - Zone Case 837
ORDINANCE NO. 13 -3591
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS FOR REZONING FROM AN AGRICULTURE ( "A ")
ZONING DISTRICT TO A SINGLE - FAMILY RESIDENTIAL ( "R -1 ") ZONING
DISTRICT SAID PARCELS BEING LOTS 63 -64 OF THE LA MESA
SUBDIVISION, UNIT 10, CITY OF PLAINVIEW, HALE COUNTY, TEXAS,
THE SAME BEING 3301 AND 3201 S.W. 8 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 have requested the rezoning from
Agriculture ( "A ") Zoning District to a Single- Family Residential ("R-1") Zoning District, City
of Plainview, Hale County, Texas, the same being 3301 and 3201 S.W. 8th Street, City
of Plainview, Hale County, Texas; 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 Agriculture ( "A ")
Zoning District to a Single - Family Residential ( "R -1 ") Zoning District, City of Plainview,
Hale County, Texas, the same being 3301 and 3201 S.W. 8th 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 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. 13 -3591
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
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SECTION I
The request of Mark and Robin McClanahan for rezoning from Agriculture ( "A ")
Zoning District to a Single - Family Residential ( "R -1 ") Zoning District for Lots 63 -64, of the
La Mesa Subdivision, Unit 10, City of Plainview, Hale County, Texas, the same being
3301 and 3201 S.W. 8th Street, City of Plainview, Hale County, Texas, is approved.
SECTION 11
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 12 day of March, 2013.
PASSED AND APPROVED on second reading this 26 day of March, 2013.
ATTEST:
Belinda Hinojosa, City Secret
Ord. No. 13 -3591
endell Dunlap, May
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APPROVED AS TO CONTENT:
Todd Kennemer,
Community Development Manager
APPROVED AS TO FORM:
Leslie Spear Pea ce, City Attorney
Ord. No. 13 -3591 3301 and 3201 S.W. 8th Page 2 of 3