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ZONING ORDINANCE - Zone Case 745 (2602 Olton Rd)
ORDINANCE NO. 04-3415
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS FOR REZONING FROM A RETAIL (C-2) ZONING
DISTRICT TO A COMMERCIAL GENERAL BUSINESS (C-3) ZONING
DISTRICT SAID PARCEL BEING LOTS 7, UNIT 2, JOSLIN SUBDIVISION,
THE SAME BEING 2602 OLTON ROAD, CITY OF PLAINVEW, 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 5 the requirements for amending the zoning map of the
City of Plainview, Texas; and
WHEREAS, Drury Roberts on behalf of Realty Income Texas Properties L.P. has
requested rezoning from a Retail (C-2) Zoning District to a Commercial General Business
(C-3) Zoning District said parcel being Lots 7, Unit 2, Joslin Subdivision, the same being
2602 Olton Road, 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 which was received by
the City Council; and
WHEREAS, said hearing was held in the Council Chambers of the City Hall,
Plainview, Texas, at which time persons appeared in support of or against said proposal;
and
WHEREAS, it was determined by the City Council that this re-zoning would not be
detrimental or injurious to the public health, safety of general welfare, or otherwise
offensive to the neighborhood, said re-zoning shall be in the manner hereinafter set forth in
the body of this Ordinance;
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
SECTION I
The request of Drury Roberts on behalf of Realty Income Texas Properties L.P. for
rezoning from a Retail (C-2) Zoning District to a Commercial General Business (C-3)
Zoning District said parcel being Lots 7, Unit 2, Joslin Subdivision, same being 2602
Olton Rd., City of Plainview, Hale Couo.ty, Texas is approved.
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
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188
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
Should any section, subsection, or any portion hereof be deemed invalid for any
reason, such holding shall not render or invalidate any other section, sub-section,
sentence, provision, clause, phrase, or word severable there from and the same shall be
deemed severable for this purpose.
SECTION V
This ordinance shall be of full force and effect upon its passage.
PASSED AND APPROVED on first reading this 24th day of February, 2004.
PASSED AND APPROVED on second reading this 9th day of March, 2004.
Belinda Hinojosa,
ENT:
Joh~~~munity Services
APPROVED AS TO FORM:
,/
~/'~//C~ity.Att~orn~/
Wally Hatch,
Ordinance No. 04-3415
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