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Home My WebLink About15-3631 ord369 ZONING ORDINANCE - Zoning Case 859 ORDINANCE NO. 15-3631 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF PLAINVIEW, TEXAS FOR THE REZONING OF THE NORTH HALF OF A LOT FROM A MULTI -FAMILY RESIDENTIAL 2 ("MF -2") ZONING DISTRICT TO A COMMERCIAL RETAIL 2 ("C-2") ZONING DISTRICT, SAID PARCEL BEING APPROXIMATELY A 2.29 ACRE TRACT LOCATED AT THE NORTH HALF OF LOT 10, BLOCK 1, MESA VERDE ADDITION, UNIT NO. 2, 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 the north one-half of a lot from a Multi -Family Residential 2 ("MF -2") Zoning District to a Commercial Retail 2 ("C-2") Zoning District, said parcel being the north half of Lot 10, Block 1, Mesa Verde Addition, Unit No. 2, City of Plainview, Hale County, Texas, which is an approximately 2.29 acre parcel; and WHEREAS, the Planning and Zoning Commission of the City of Plainview, Texas, held a public hearing on November 12, 2015, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Zoning Change had been sent to real property owners Tying within 200 feet of the property on which the Zoning Change from a Multi -Family Residential 2 ("MF -2") Zoning District to Commercial Retail 2 ("C-2") Zoning District, was proposed, and said Notice properly given 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 recommended to the Plainview City Council that said Comprehensive Zoning Ordinance and Map be amended to allow a Zoning Change from a Multi -Family Residential 2 ("MF -2") Zoning District to Commercial Retail 2 ("C-2") 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 Ordinance No. 15-3631 ZC 859 Page 1 of 4 370 WHEREAS, proper notice was further given of two public hearings to be held by the Plainview City Council on December 3 at 11:30 a.m. located in the North Ballroom of the Plainview Civic Center and December 8 at 7:00 p.m. located in the City Hall Council Chambers 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 Multi -Family Residential 2 ("MF -2") Zoning District to a Commercial Retail 2 ("C-2") Zoning District, 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 Multi -Family Residential 2 ("MF -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 Jessie Arredondo, authorized representative for Gary Plante, signed an Application for Rezone of the north one-half a lot from a Multi -Family Residential 2 ("MF - 2") to a Commercial Retail 2 ("C-2") Zoning District, an approximately 2.29 acre parcel located at the north half of Lot 10, Block 1, Mesa Verde Addition, Unit No. 2, Plainview, Hale County, Texas, said Replat and description attached and incorporated herein as a part of this Ordinance designated as Exhibit "A." Ordinance No. 15-3631 ZC 859 Page 2 of 4 371 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 a Multi -Family Residential 2 ("MF -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 interests 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 Multi -Family Residential 2 ("MF -2") Zoning District to a Commercial Retail 2 ("C-2") Zoning District. SECTION IV Code Enforcement officers, Health Sanitarian, and Fire Marshall 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 Ordinance No. 15-3631 ZC 859 Page 3 of 4 372 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 3rd day of December, 2015. PASSED AND APPROVED on second reading this 8th day of December, 2015. ST: Belinda Hinojosa, Citytary APPROVED AS TO CONTENT: rew Freeman, Assistant APPROVED AS TO FORM: Manager City Les ie Spear ch idt, City orney Ordinance No. 15-3631 ZC 859 endell Dun ap, ayor Page 4 of 4 Exhibit 11At' 373 r1 'oN 1N31.1117OO S.Xd3/7 0 2 4dO33d 30 03713 2 p M rn tta 4= m . rt. 1 z n 0 R 1s pad 1Vnoaddd Mesa Drive (75'140.9.) u N 00' 42' 13' E - 249.93' 131 b 9 3 .9C .61 .69 5 3 .9C .61 .695 Lot 16 979]' / X \ 96.00' 4:4I 14 �l9 r 35' Front Setback �I if J o IN 8.11 !10 35' Front Setback 1$ I! hi UI 4 "Iii hr. 0 fil 1= °°I m•1: G. g -r s1 O 1 T-9: °i 1je�1• x CI xg" II all a I 1 —a 2.'..4'11 Til 1 g i' 1' 7-1 il. $ l all d 11 d h 00' 40' 24-E - 120.47 97.97' Zero Rem Setbac,f $ a, 25' Front Setback II lei 11 Ili 1 _1,21 104.001 24.50' 6.so ni el L.4.1 m1 y1 39.33 a aL 2550' 8m 00 40' 24'E - 121.50' Zara Rear 74.57' Setback 25' Front Setback 96.00' 5 00' 41' 33' W - 250.00' Lometo Drive (60' R.O.W.) Lot 19 NO11VO1l11M3O Mesa Verde Addn. 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