HomeMy WebLinkAbout15-3627 ordZONING ORDINANCE - Zone Case 855
ORDINANCE NO. 15-3627
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP AND SHOWING THE
LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE
REZONING OF LOTS FROM A SINGLE FAMILY RESIDENTIAL 1 ("R-1")
ZONING DISTRICT TO A PLANNED DEVELOPMENT ("PD") ZONING
DISTRICT, SAID PARCELS BEING APPROXIMATELY 20.26 ACRES,
ABSTRACT 2000, BLK JK -2, SEC 26, OUT OF E/2 S. OF HWY, CITY OF
PLAINVIEW, HALE COUNTY, TEXAS; AND BEING MORE PARTICULARLY
DESCRIBED IN THE ATTACHED AND INCORPORATED CONCEPT PLAN
FOR MULTIFAMILY RESIDENTIAL 2 ("MF -2") ZONING DISTRICT AND
OFFICE ("0") ZONING DISTRICT LAND USES; PROVIDING THAT THE
PROPERTY SHALL BE DEVELOPED IN ACCORDANCE WITH THE "PD"
REGULATIONS; PROVIDING THAT THE PROPERTY SHALL BE
DEVELOPED IN ACCORDANCE WITH SPECIAL CONDITIONS REQUIRED
OF PLANNED DEVELOPMENTS; 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 of the property described herein below requested the
City of Plainview, Texas amend the Comprehensive Zoning Ordinance and Map so as to
amend the zoning designation of said property from a Single Family Residential 1 ("R-1 ")
Zoning District to a Planned Development ("PD") Zoning District, said parcels being
approximately 20.26 acres, Abstract 2000, Block JK -2, Section 26, out of the E/2 S. of
Hwy, also known as an area between 24th Street and the extension of 29th Street and
Garland Street and along a twenty foot alley extending off Garland to the 29th Street
extension and Ennis Street, in Plainview, Hale County, Texas; and
WHEREAS, such Planned Development property shall be used as a mixed land
use of senior living facilities and office spaces implemented in phases to accommodate
for the orderly growth and expansion of the area and assure adjoining landowners will not
be adversely effected by such development; and
WHEREAS, the Planning and Zoning Commission of the City of Plainview, Texas,
held public hearings on said application on May 28, 2015 and July 2, 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 200 feet of the property
on which the Zoning Change from a Single Family Residential 1 CR -1") Zoning District to a
Planned Development ("PD") Zoning District, was proposed, and said Notice properly given
Ordinance No. 15-3627
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not less 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 of the City of Plainview, Texas 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 1 CR -1") Zoning District to a Planned Development ("PD")
Zoning District as set forth herein, 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; and
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 at
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 all the matters of the Zoning Change, 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, has found and determined that the
property in question, as well as other property within the city limits of the City of Plainview,
Texas, has changed in character since the enactment of the original Zoning Ordinance
from its classification of a Single Family Residential 1 CR -1") 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 best interests of the public and will
promote the health, safety and welfare of the community; and
WHEREAS, the Plainview City Council determined that said Zoning Change would
not be detrimental or injurious to the public health, safety and welfare, or otherwise
offensive to the neighborhood, and said Zoning Change shall issue in the manner
hereinafter set forth in the body of this Ordinance.
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
SECTION 1. Ordinance Number 89-2798, known as the City of Plainview Zoning
Ordinance, shows the locations and boundaries of certain districts, and said Comprehensive
Zoning Ordinance and Map is hereby amended so as to change the Zoning District from its
classification of a Single Family Residential 1 CR -1") Zoning District to a Planned
Development ("PD") Zoning District for Multi -Family Residential 2 ("MF -2") Zoning District
and Office CO") Zoning District uses, and described as follows:
Ordinance No. 15-3627 ZC 855 -"PD" Page 2 of 10
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Being a 20.26 acre tract out of the Southeast part of Survey 26, Block JK -2, Hale
County, Texas:
BEGINNING at the intersection of the North right of way line of 24th Street
dedicated by Westgate Addition #1 in Volume 487, Page 595 of the Hale County Deed
Records (HCDR) and the West right of way line of Ennis Street as dedicated in Volume
718, Page 251 HCDR, said point being 60 feet North and 37.5 feet S.89°5618' W. of the
SE corner of Survey 26, Block JK -2, Hale County, Texas;
Thence along the West side of Ennis Street as follows;
North along a line parallel and 37.5 feet West of the East line of said survey, at
200 feet pass a '/2 rod set in the North line of a S.P.S. Substation easement as recorded
in Volume 188, Page 528 HCDR, in all, 960.04 feet to a set '/2 rod; N.0°45'50' W. 300.03
feet to a set'/2 rod; North along a line parallel and 41.5 feet West of the East line of said
survey 382.31 feet to a set '/2 rod, from which a '/i rod set in the East line of said Survey
26 bears S.61°1354' E.47.34 feet;
Thence N.61 °13'54'W. 221.45 feet to the NE corner of a street and alley dedication
as recorded in Volume 617, Page 433 HCDR;
Thence S. 28°46' 06W. along the East side of said street and alley dedication, at
470 feet pass a '/2 rod set for the NE corner of Rhema Addition as recorded in Volume
617, Page 429 HCDR, in all, 952.33 feet to a '/2 rod set for the SE corner of said Rhema
Addition;
Thence along the East right of way of Garland Street an arc length of 197.46 feet
around a curve to the right with a radius of 260 feet and a chord bearing S.21°45 29" E.
192.75 feet to a set '/z rod;
Thence South 735.75 feet to a pipe found at the intersection of the SE corner of
said Garland Street and the North right of way line of said 24th Street;
Thence N.89°56'18' E. along the North right of way line of said 24th Street, at 502.5
feet pass a'/2 rod set in the West line of said substation easement, in all, 585 feet to the
POINT OF BEGINNING and containing 20.26 acres.
SECTION 2. BASE ZONING.
The Planned Development must comply with the City of Plainview Code of Ordinances,
Chapter 14, Exhibit A, Section 28, specifically for "PD" Planned Development Zoning District
Regulations. Any zoning land use requirements and restrictions not contained in this
Planned Development Ordinance shall conform to those land use requirements for the
Office ("0') Zoning District or Area 1, consisting of approximately three acres, along 24th
Street and Multi -Family Residential 2 ("MF -2") Zoning District or Area 2, consisting of
approximately 17.26 acres as marked on Exhibit "A," incorporated and made a part of this
Ordinance herein, which shows the subdivision's Concept Plan. The following land uses
will be allowed in the respective District or Area as indicated on the incorporated Concept
Plan at Exhibit "A:"
Office ("0") Zoning District or Area 1:
1. Accessory building to main use;
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2. Field office, temporary;
3. Park, playground or commercial recreation center (private);
4. Electrical substation;
5. Electrical transmission line;
6. Parking lot or parking garage, automobile;
7. Bank, savings and loan, credit union;
8. Clinic, medical or dental;
9. Laboratory, medical or dental;
10. Office center;
11. Office, professional or general administrative; and/or
12. Office — showroom/warehouse.
Multifamily Residential 2 ("MF -2") Zoning District or Area 2:
1. Multiple family residence;
2. Retirement housing;
3. Accessory building to main use;
4. Adult day care center;
5. Continuing care center; and/or
6. Rest home or nursing home.
SECTION 3. DENSITY AND DIMENSIONAL REQUIREMENTS.
1. The Property, the development thereof, and all buildings constructed thereon, shall
meet all City, federal, state and local building, accessibility, and fire codes.
2. The Office ("0") Zoning District Regulations within Area 1 of the property
development shall comply with the following requirements:
a. Minimum lot depth to be eighty (80) feet.
b. Minimum front setback to main living unit and/or garage door to be 35
feet. The front yard setback shall be forty-three (43) feet where parking is
allowed in front of the building.
c. Minimum side yard setback of not less than fifteen (15) feet in width shall
be provided on the side of a lot adjoining a residential district even when
separated by an alley.
d. No rear yard setback is required except that a rear yard of not less than
twenty-five (25) feet or twenty percent (20%) of the depth of the lot,
whichever is lesser, shall be provided upon that portion of a lot abutting or
across a rear alley or street from a residential district.
e. Maximum building height to be forty-five (45) feet. Development is limited
to a one story building.
f. Area 1 must comply with the City of Plainview Code of Ordinances, Article
14.02, Exhibit A, Sections 21 and 32, "0" Office District Regulations.
3. The Multi -Family Residential 2 ("MF -2") Zoning District Regulations within Area 2 of
Ordinance No. 15-3627 ZC 855 -"PD" Page 4 of 10
the property development shall comply with the following requirements:
a. Maximum density not to exceed twenty-three (23) dwelling units to the acre,
a mix of one and two bedroom units.
b. Minimum lot area to be not less than ten thousand (10,000) square
feet or one thousand five hundred (1,500) square feet per dwelling unit,
whichever is greater.
c. Minimum lot width at front building line to be twenty (20) feet per unit
plus side yard requirements.
d. Minimum lot depth to be one hundred (100) feet.
e. Minimum front setback to main living unit and/or garage door to be thirty-
five (35) feet. The front yard setback shall be forty-three (43) feet where
parking is allowed in front of the buildings.
f. Minimum side and rear yard setback to be fifty (50) feet for one story
buildings.
g. In the case of more than one building located on the same lot, a separation
of one (1) foot for each two (2) feet of building height is required for all
buildings, faces or walls having openings for light, air or access. A
separation of fifteen (15) feet is required for buildings with faces or walls
which contain no openings for light, air or access.
h. Maximum building height to be forty-five (45) feet.
Maximum lot coverage to be 60 percent (60%) for primary buildings and 65
percent (65%) for all buildings.
j. Area 2 must comply with the City of Plainview Code of Ordinances, Article
14.02, Exhibit A, Sections 17 and 32, "MF -2" Multifamily Residential Zoning
District Regulations.
SECTION 4. DESIGN AND AMENITY STANDARDS.
1. Since such property is adjacent to another residential district, the proposed
development in this district shall be so designed to provide for maximum
compatibility with adjacent development.
2. Architectural design, landscaping, screening and parking areas shall be properly
provided to insure maximum protection of lower density uses.
3. Both Areas 1 and 2 must comply with the City of Plainview Code of Ordinances,
Article 14.02, Exhibit A, Section 31, Off -Street Parking and Loading requirements.
4. Regular parking places, two per unit, and handicapped parking places will be
available as required in the City of Plainview Code of Zoning Ordinances.
5. An appropriate number of ADA compliant units will be provided by the property
owner as required by the revised regulations for Titles II and III of the Americans
with Disabilities Act of 1990 (ADA) in the Federal Register on September 15, 2010,
including the 2010 Standards for Accessible Design "2010 Standards." Any
revisions in such law before the completion of such Planned Development project
that applies to the Development must be complied with before a building permit or
certificate of occupancy can be issued.
6. Each self-contained unit shall have a mini -kitchen consisting of a sink, small
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refrigerator, and two burners, living room, and one or two bedrooms with a walk-in
closet.
7. A final plat with dedicated utility easements must be presented to the Planning and
Zoning Commission and the City Council, complying with the City of Plainview
Code of Subdivision Ordinances, for their approval.
8. Upon presentation of such final plat, a final site plan must also be shown to the
Commission and Council complying with the requirements of the City of Plainview
Code of Ordinances, Article 14.02, Exhibit A, Section 28. Such plan must be
submitted to the City prior to the issuance of a building permit.
9. Where an apartment building is erected so as to create inner courts, the faces of
all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart
and no balcony or canopy shall extend into such court area for a distance greater
than five (5) feet.
10. The Usable Open Space for each lot or parcel of land must comply with the City of
Plainview Code of Ordinances, Article 14.02, Exhibit A, Section 8:3.4.
11. For each seventy-five (75) dwelling units, one (1) acre of land shall be designated
and appropriately developed as open or recreation space.
12. Ample exterior lighting will be provided in parking areas for public protection.
13. Driveways will be not Tess than twenty-four feet (24') wide and thirty feet (30') wide
for driveways where cars will back into the driveway.
14. No portion of any multiple family dwelling structure or permitted accessory use
structure shall be farther than three hundred (300) feet from an accessible
dedicated and accepted public street.
15. The Planned Development must comply with all requirements in the City of
Plainview Code of Subdivision Regulation Ordinances at Chapter 10.
16.AII paved areas, permanent drives, streets, and drainage structures, if any, must
be constructed in accordance with City specifications, and completed to the City's
satisfaction.
17. Lighting devices shall not be operated so as to produce direct or reflected light or
glare across abutting property lines.
18. The Planned Development must comply with all Landscaping Requirements at City
of Plainview Code of Ordinances, Article 14.02, Exhibit A, Section 34:12, and a
landscaping plan must be submitted to the City prior to the issuance of a building
permit.
19. Landscaping shall be appropriate for the City of Plainview's water availability and
climate.
20. Proposed future development plan consists of Multifamily Residential 2 ("MF -2")
Zoning District land uses, such as senior individual living facilities, assisted living
facilities, nursing care living facilities, if the need arises, and Office ("0") Zoning
District land uses along 24th Street.
21. Any structure with an accessory building to the main use must comply with the City
of Plainview Code of Ordinances, Article 14.02, Exhibit A, Section 34:1, Accessory
Buildings.
22. No portion of any Multifamily Residential 2 ("MF -2") Zoning District within said
Planned Development ("PD") Zoning District shall allow a dwelling structure or
permitted accessory use structure farther than three (300) feet from an accessible
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dedicated and accepted public street.
23. The Property must be properly maintained in a state of good repair and neat
appearance.
24. Development and use of the Property must comply with all federal and state laws
and regulations, and with all City ordinances, rules, and regulations.
SECTION 5. COMPLIANCE.
The Building Official shall not issue a building permit to authorize work, or a
certificate of occupancy to authorize the operation of a use, until there has been full
compliance with this article.
SECTION 6. PURPOSE.
The purpose of this Planned Development zoning is to provide a flexible economic
development tool for regulating a mixed land use development of property to be tailored
to the specific needs of an area based on the actual conditions and development plans.
SECTION 7. ADOPTION AND EXPIRATION.
The City Council hereby amends the Comprehensive Zoning Ordinance and Map
so as to rezone said property from a Single Family Residential 1 ("R-1") Zoning District
designation to a Planned Development ("PD") Zoning District for the Multifamily
Residential 2 ("MF -2") Zoning District and Office ("0") Zoning District land uses in
accordance with Exhibit "A," a Concept Plan attached and incorporated in this Ordinance.
The Planned Development ("PD") Zoning District will expire at the end of ten (10) years if
such project becomes dormant in accordance with the Texas Local Government Code
Ann., Section 245.005 (Vernon's 2005).
SECTION 8. INSPECTIONS.
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 9. VIOLATIONS.
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 10. REPEALER.
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
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ordinance shall be and remain controlling as to the matters regulated herein.
SECTION 11. CUMULATIVENESS.
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 12. SEVERABILITY.
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 13. EFFECTIVE DATE.
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.
ATT
Belinda Hinojosa, City Seci� a -
APPROVED AS TO CONTENT:
Oth/
Jeffrey (4211F' Manager
Iti
endell Dunlap, . yor
Ordinance No. 15-3627
ZC 855 -"PD" Page 8 of 10
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APPROVED AS TO FORM:
Av:11,j, j..),LI:In
Lesli Spear Sch idt
, City Attorney
Ordinance No. 15-3627 ZC 855 -"PD" Page 9 of 10
CONCEPT PLAN EXHIBIT "A"
Specific MF -2 District
Uses Allowed
Per PD Ordinance
(17.26 Acres)
Sp•ecifc 0 District
Uses Allowed
Per PD Ordinance
(3 Acres)
Ordinance No. 15-3627
ZC 855 -"PD"
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