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ZONING ORDINANCE - Zoning Case 857
ORDINANCE NO. 15- 3628
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE
AND MAP OF THE CITY OF PLAINVIEW, TEXAS FOR THE REZONING OF
LOTS FROM A SINGLE FAMILY RESIDENTIAL 2 ("R-2") ZONING DISTRICT TO
AN OFFICE ("0") ZONING DISTRICT, SAID PARCELS BEING
APPROXIMATELY 0.22 ACRES LOCATED AT THE WEST 65 FEET OF LOTS 9,
10, AND 11, BLOCK 3, RIVERSIDE ADDITION, THE SAME BEING 700 JOLIET
STREET, CITY OF PLAINVIEW, HALE COUNTY, TEXAS; REPEALER;
CUMULATIVENESS 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 Comprehensive
Zoning Map of the City of Plainview, Texas; and
WHEREAS, the property owner, by its authorized representative, has requested
the rezoning of lots from a Single Family Residential 2 ("R-2") Zoning District to an Office
("0") Zoning District, said parcel being the West 65 feet of Lots 9, 10, and 11, Block 3,
Riverside Addition, the same being 700 Joliet Street, City of Plainview, Hale County,
Texas, which is an approximately 0.22 acre parcel; and
WHEREAS, the Planning and Zoning Commission of the City of Plainview, Texas,
held a public hearing on August 20, 2015, after written notice of such public hearings before
the Planning and Zoning Commission on the proposed Zoning Change had been sent to
real property owners lying within 300 feet of the property on which the Zoning Change from
a Single Family Residential 2 ("R-2") Zoning District to an Office ("0") Zoning District, was
proposed, and said Notice properly given not Tess than ten (10) days before the date set for
hearing to all such owners who rendered their said property for City taxes as the ownership
appears on the last approved City Tax Rolls; and
WHEREAS, after consideration of said application, the Planning and Zoning
Commission recommended to the Plainview City Council that said Comprehensive Zoning
Ordinance and Map be amended to allow a Zoning Change from a Single Family Residential
2 ("R-2") Zoning District to an Office ("0") Zoning District and further found that the land use
is in general conformance with the Comprehensive Plan and contains requirements and
safeguards necessary to protect adjoining property owners, as set forth herein; and
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WHEREAS, proper notice was further given of a public hearing to be held by the
Plainview City Council in the Council Chambers at City Hall on September 8, 2015 at 7:00
p.m. to consider the amendment of the Comprehensive Zoning Ordinance and Map
recommended by the Planning and Zoning Commission, and all citizens and parties of
interest were notified that they would have an opportunity to be heard, such Notice of the
time and place of such hearing having been given at least fifteen (15) days prior to such
hearing by publication in the Plainview Herald, Plainview, Texas, a newspaper of general
circulation in such municipality; and
WHEREAS, all citizens and parties at interest have been given an opportunity to be
heard on the request for a Zoning Change from a Single Family Residential 2 ("R-2") Zoning
District to an Office ("0") Zoning District, the same being 700 Joliet, Plainview, Hale County,
Texas, and the Plainview City Council, being informed as to the location and nature of the
use proposed on said property, as well as the nature and usability of surrounding property,
have determined that the property in question, as well as other property within the Plainview
city limits has changed in character since the enactment of the original Zoning Ordinance
from its classification of a Single Family Residential 2 ("R-2") Zoning District, and by reason
of changed conditions, does consider and find that this amendatory Ordinance should be
enacted, since its provisions are in the public's best interests and will promote the health,
safety and welfare of the community; and
WHEREAS, the City Council also determined that such rezoning is in general
conformance with the goals, policies, and future land use map of Plainview's
Comprehensive Zoning Plan, and such Zoning Change contains requirements and
safeguards necessary to protect adjoining property owners, as set forth herein; and
WHEREAS, the City Council further determined that such rezoning would not be
detrimental or injurious to the public health, safety or general welfare, or otherwise
offensive to the neighborhood, but rather, will be in the best interest of the community,
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:
SECTION I
Timothy P. Sheehan, authorized representative for Midwest Servicing, Inc., a New
York corporation, ("Corporation"), which serves as Power of Attorney for CFS Allocation
Solutions III, L.L.C., a Delaware limited liability company, ("Company"), signed an
Application for Rezone for Company, the property owner, for a Zoning Change of lots
from a Single Family Residential 2 ("R-2") Zoning District to an Office ("0") Zoning District,
an approximately 0.22 acre parcel located at the west 65 feet of Lots 9, 10, and 11, Block
3, Riverside Addition, the same being 700 Joliet, Plainview, Hale County, Texas.
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SECTION II
The City Council, being informed of the location and the nature of the use proposed
on said property, as well as the nature and usability of surrounding property, determined
that the property in question and the surrounding area has changed in character since
the enactment of the original Zoning Ordinance from its classification of Single Family
Residential 2 ("R-2") Zoning District and is in general conformance with the City of
Plainview's Comprehensive Plan, and by reason of changed conditions, does consider
and find that this amendatory Ordinance should be enacted, since its provisions are in
the public's best interest and will promote the health, safety and welfare of the community.
SECTION III
The City Council hereby amends the Comprehensive Zoning Ordinance and Map so
as to approve such request and rezones said property from a Single Family Residential 2
("R-2") Zoning District to an Office ("0") Zoning District.
SECTION IV
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 V
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 VI
All ordinances or parts of ordinances inconsistent with any provisions of this
ordinance are hereby repealed to the extent of such conflict, and the provisions of this
ordinance shall be and remain controlling as to the matters regulated herein.
SECTION VII
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 VIII
Severability is intended throughout and within this Ordinance. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
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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 IX
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 8th day of September, 2015.
PASSED AND APPROVED on second reading this 17th day of September, 2015.
ATTE T:
Belinda Hinojosa, City Se
APPROVED AS TO CONTENT:
` U
Andrew Freeman, Assistant City Tanager
APPROVED AS TO FORM:
Leslie pear Sch idt, Ci y Attorney
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