HomeMy WebLinkAbout13-3594 ord1
1
1
ZONING ORDINANCE - Zone Case 840
ORDINANCE NO. 13 -3594
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW BY ISSUANCE OF A SPECIFIC USE PERMIT TO
OPERATE AN ELECTRICAL SUBSTATION IN RESIDENTIAL ZONING
DISTRICTS, SAID PARCEL BEING LOCATED ON A TRACT OF LAND
AT THE SOUTHWEST CORNER OF THE INTERSECTION OF 24
STREET AND DATE STREET, THE SAME BEING 312 E. 24 STREET,
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, Sean Frederiksen, supervisor of siting and land rights for
Southwestern Public Service, has requested a Specific Use Permit to operate an
electrical substation in the Multi - Family Residential ( "MF -2 ") Zoning District and the
Single Family Residential ( "R -2 ") Zoning District located at 312 E. 24 Street, said tract
being described as AB 1154 Pre John Kiser W. of Date & N. of Givens, S. of 24
containing 11.91 AC and strip out SF 16242, containing .15 AC, 12.06 acres; 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 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
WHEREAS, the City Council determined that issuance of the Specific Use Permit
would not be detrimental or injurious to the public health, safety or general welfare, or
Ordinance No. 13 -3594
SUP — 312 E. 24 Street Page 1 of 3
261
262
otherwise offensive to the neighborhood, said Specific Use Permit shall be issued in
the manner hereinafter set forth in the body of this Ordinance.
SECTION I
SECTION II
SECTION IV
SECTION V
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
The request of Southwestern Public Service, for a Specific Use Permit to operate an
electrical substation in the Multi- Family Residential ( "MF -2 ") Zoning District and the
Single Family Residential ( "R -2 ") Zoning District same being located at said tract being
described as AB 1154 Pre John Kiser W. of Date & N. of Givens, S. of 24th containing
11.91 AC and strip out SF 16242, containing .15 AC, 12.06 acres, also known as 312 E.
24 is approved.
Such rights and privileges under this permit shall terminate at such time any
interruption or cessation of the use granted by this Specific Use Permit occurs for a period
of one (1) year or more.
SECTION III
Such permit shall be revoked, modified, or suspended for the following reasons:
1. Violation of City, State, and /or federal laws and regulations;
2. Permit obtained by fraud;
3. Use executed contrary to the conditions of its approval; or
4. Use permitted exercised so as to be detrimental to the public health, safety, or
welfare or as to constitute a nuisance.
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.
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform to the provisions hereof.
SECTION VI
Ordinance No. 13 -3594
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
SUP — 312 E. 24 Street Page 2 of 3
1
1
1
1
1
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 day of April, 2013.
PASSED AND APPROVED on second reading this 23` day of April, 2013.
ATT T:
elinda Hinojosa, Ci y Secr ry
APPROVED AS TO CONTENT:
Todd Kennemer
Community Development Manager
APPROVED AS TO FORM:
Leslie Spear Pearce, City Attorney
Ordinance No. 13 -3594
Wendell Dunlap, ayor
SUP — 312 E. 24 Street Page 3 of 3
263