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HomeMy WebLinkAbout77-2155 ord ORDINANCE NO.77-2155 AN ORDINANCE AMENDING SECTION 39 of ORDINANCE NO. 77-2090 OF THE CITY OF PLAINVIEW GENERALLY REFERRED TO AS THE "ZONING ORDINANCE" OF THE CITY OF PLAINVIEW, PROVIDING THE PROCEDURE FOR AMENDING THE ORDINANCE BY CHANING BOUNDARIES OR DISTRICTS OR BY CHANGING ANY OTHER PROVISION OF SAID ORDINANCE WHEN THE PUBLIC NECESiSITY AND CONVENIENCE AND PUBLIC WELFARE REQUIRES IT; PROVIDING WHO MAY INITIATE THE ACTION, THE DATA TO ACCOMPANY SUCH ACTION; PROVIDING FOR PUBLIC HEARING AND NOTICE OF THE PUBLIC HEARING; THE ACTION BY THE. PLANNING AND ZONING COMMISSION AT THE CONCLUSION OF THE HEARING; PROVIDING FOR AN APPEAL FROM SUCH ACTION; PROVIDING THE ACTION TO BE TAKEN BY THE CITY COUNCIL ON SUCH APPEAL; PROVIDING THE NOTICE TO BE GIVEN BY THE CITY COUNCIL OF A PUBLIC HEARING PERTAINING TO SUCH MATTER; PROVIDING THE NUMBER OF VOTES OF THE CITY COUNCILMEN REQUIRED WHEN THE ACTION IS FOR THE PURPOSE OF ARRIVING AT A CONCLUSION WHICH WILL BE CONTRARY TO THE ACTION TAKEN BY THE PLANNING AND ZONING COMMISSION; THE NUMBER OF VOTES OF THE COUNCILMEN NECESSARY WHEN IT IS TO APPROVE THE ACTION TAKEN BY THE PLANNING AND ZONING COMMISSION; PROVIDING THAT IN CASE OF PROTEST AGAINST AN AMENDMENT TO THE ORDINANCE SIGNED BY THE OWNERS OF TWENTY PER CENT (20%) EITHER OF THE AREA OF THE LOTS INCLUDED IN SUCH PROPOSED CHANGE OR OF THOSE IMMEDIATELY ADJACENT IN THE REAR THEREOF EXTENDING TWO HUNDRED (200) FEET THEREFROM OR OF THOSE DIRECTLY OPPOSIT THERETO EXTENDING TWO HUNDRED (200) FEET FROM THE STREET FRONTAGE OF SUCH OPPOSITE LOTS; THAT SUCH AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT WITH A FAVORABLE VOTE OF THREE-FOURTHS (3/4) OF THE MEMBERS OF THE CITY COUNCIL PRESENT AND VOTING UPON THE ISSUE; PROVIDING THAT IN THE EVENT OF A DENIAL OF AN APPLICATION BY THE PLANNING AND ZONING COMMISSION AND NO APPEAL THEREFROM IS TAKEN TO THE CITY COUNCIL OR IN CASE AN APPLICATION FOR AN AMENDMENT TO THE ZONING ORDINANCE IS DENIED BY THE CITY COUNCIL, THAT IN EITHER OF SAID EVENTS SAID APPLICATIQN SHALL NOT BE ELIGIBLE FOR RECONSIDERATION FOR ONE (1) YEAR SUBSEQUENT TO SUCH DENIAL; PROVIDING THAT ANEW APPLICATION EFFECTING OR INCLUDING ALL OR PART OF THE SAME PROPERTY MUST BE SUBSTANTIALLY DIFFERENT FROM THE APPLICATION DENIED IN THE OPINION OF THE PLANNING AND ZONING COMMISSION TO BE ELIGIBLE FOR CONSIDERATION WITHIN LESS THAN ONE (1) YEAR OF THE TIME OF THE DENIAL OF THE ORIGINAL APPLICATION; PROVIDING THAT IN THE EVENT OF A RE-APPLICATION EFFECTING THE SAME LAND FOR A ZONE THAT WILL PERMIT THE SAME USE OF THE PROPERTY AS THAT WHICH WOULD HAVE BEEN PERMITTED UNDER THE DENIED APPLICATION THAT THE SAME SHALL NOT BE CONSIDERED AS BEING SUBSTANTIALLY DIFFERENT FROM THE APPLICATION DENIED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1: The entire Section 39 of Ordinance No. 77-2090 is hereby amended so as'to hereafter read as follows: "SECTION 39" SECTION 39.1 AMENDMENTS The governing body may, from time to time, amend this ordinance by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment, SECTION 39.2 APPLICATION a. Who may initiate action. Amendment may be initiated ]by the City Councillor the Planning and Zoning Commission or by an application of one or more owners of property affected by the proposed amend- ment. b. Accompanying data. An application for an amendment shall be accompanied by an accurate legal description, maps, site plans, drawings and any data necessary to demonstrate that the proposed amendment is in general conformance with the Plainview Comprehen- sive Plan and that public necessity, convenience and general welfare require the adoption of the proposed amendment. SECTION 139.3 PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISION a. Upon filing of the application, the Planning and Zoning Commission shall call a public hearing on said application as provided herein. Notice of public hearing. Written notice of such hearing shall be ssnt to the owner of the property or his agent and to all owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given not less than 10 days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where prop- erty lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by one publication in the official newspaper at least 15 days before the time of hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken. Action by Planning and Zoning Commission at conclusion of hearing. If at the conclusion of the hearing, the Planning and Zoning Com~ mission decides to recommend amendment of this ordinance to the City Council, said recommendation shall be by resolution of the Planning and Zoning Commission carried by the affirmative votes of not less than a majority of its total membership p~esent and voting. A copy of any recommended amendment shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data. Appeal of Planning and Zoning Commission denial of application. In the event the Planning and Zoning Commission recommends denial of an application after public hearing, the applicant may appeal said determination to the City Council by filing a written notice of appeal with the City Clerk within 10 days after the determina- tion of the Planning and Zoning commission. SECTION 39.4 ACTION BY THE CIT¥COUNCIL If the Planning and Zoning CommissiQn has recommended approval of an application or if the Planning and Zoning Commission has recom- mended denial of an application and a notice of appeal has been filed pursuant to Subsection 39.3 (d) above, the City Council shall set said application for public hearing and shall gi~e notice of the time and place of the hearing by one publication in the official newspaper at least 15 days prior to such hearing, and in addition shall send written notices to the owner of the property or his agent and to all owners of real property lying within 200 feet of the subject property pursuant to Subsection 39.3 (b) above. When the City Planning and Zoning Commission has recommended to the City Council that a proposed amendment be disapproved, the City Council may refuse to adopt the amendment by a simple majority vote of the Councilmen present and voting. However, in order to adopt the amendment which has been recommended for disapproval ~y the City Planning and Zoning Commission, the amendment shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the City Council of the City of Pla±nview present and voting, When the City Planning and Zoning Commission has recommended to the City Council that a proposed amendment he approved, the City Council may disapprove the petition or application for amendment by a simple majority vote of the City Councilmen present and voting~ In the event of a tie vote of the City Councilmen present and voting the Mayor may cast the deciding vote. c. In the case of a protest against an amendment to the ordinance signed by the owners of 20 per cent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, sugh amendment shall not become effective except by the favorable Vote of three-fourths of the members of the City Council of the City of Pla±nview present and voting. SECTION 39.5 EFFECT OF DENIAL OF APPLICATION In case an application for an amendment to the zoning ordinance is denied by the Planning and Zoning Commission a~d no appeal therefrom is taken to the City Council, or in case an application for an amendment to the zoning ordinance is denied by the City Council, (in either of said events) said application shall not be eligible for reconsideration for one- year subsequent to such denial. A new application effect±rig or including all or part of the same property musk be substantially different from the application denied, in the opinion of the planning and zoning commission, to be eligible for consideration, within one year of the denial of the original application. In the event a re-application effecting the same land is for a zone that will perm±t the same use of the property as that which Would have been permitted under the denied application the same shall not be considered as being substantially different from the application denied. Section 2: The fact that questions have been raised pertaining to Section 39 of Ordinance No. 77-2090 which make it advisable in the opinion of the City Council to clarify the language therein and the fact that Section 39 of Ordinance No. 77-2090 does not prevent a reapplication in the event an a lication has been denmed b the la.in ~ d zo ' PP ' Y I P g ~n ning commission, could permit and cause an unnecessary b~rden on the planning and zoning commission and a Useless consmption of time' and tHerefOre, should be clarified, creates ~ ~ergency, and all rules requiring the reading of this O~dinanCe more than once iS:hereby suspended and this OrdinAnce shall take effect from, and after its passage by the City Council and approval by the Mayor. PASSED AND ~PPROVED'this the A. D. 1977. 6th day of , De~e_mber ATTEST: M. L. Rea, City Clerk Ordinance NOTICE OF THE 'PUBLIC HEARING TO BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PLAINVIEW Notice is hereby given that the City Council of the City of Plainview will hold a public hearing beginning at 7:30 p.m. on November 8, ]977 1977, in the Council chambers of the City Hall of Plainview, Texas, located at 901 Broadway Street, Plainview, Texas, to consider recommendations to be made to th~ City Council of the City of~Plainview by the Planning and Zoning Commission of the.City of Plainview pertaining to amending Section 39 of Ordinance No. 77-2090, generally referred to' as the "Zoning Ordinance" of the City of Plainview. Matters to be considered will be to amend said Section by providing new provisions and new language for the entire Section 39 so as to provide the procedure for amending the ordinance by changing boundaries or districts or by changing any other p~ovision of said Ordinance when the public necessity and convenience and pub%it welfare requires it; providing who may initiate the action, the data to accompany such action; providing for public hearing and. notice of the public hearing; the action by the Planning. and Zoning Commission at the conclusion of the hearing; providing for an appeal from such action; providing the action to be taken by the City Council on such appeal; providing the notice to be given by the City Council of a public hearing pertaining to such matter; providing the number of votes of the City Councilmen required~when the action is for the purpose of arriving at a conclusion which will be contrary to the action taken by the Planning and Zoning Commission; the number of votes of the Councilmen necessary when it is to approve the action taken by the Planning and Zoning Commission; providing that in case of protest against an amendment to the Ordinance signed.by th~'~wn.~ of twenty per cent (20%) either of the~area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots; that such amendment shall not become effective except with a favorable vote of three-fourths (3/4) of the members of the City Council present and voting upon the issue; providing that in the event of a deniaI of an application by the Planning and Zonin Commission and no appeal therefrom is taken to the City Council or in cas an application for an amendment to the zoning ordinance is denied by the City Council, that in either of said events said application shall not be eligible for reconsideration for one (1) year subsequent to such denial; providing that a new application effecting or including all or part o the same property must be substantially different from the application denied in the opinion of the planning and Zoning Commission to be eli ible for consideration within less than one (1) year of the time of the dc ial of the original application; providing that in the event of a re-application effecting the same land for a zone that will permit the same ~se of the property as that wRich would have been permitted under the denie application that the same shall not be considered as baing substanti lly different from the application denied. The hearing will be held in the Council chambers in the City Hall of the City of Plainview, located at 9D1 Broadway, in the City of Plainview, in Hale County, Texas, beginning at 7:~0 p.m. on November 8, ]977 Ail persons are hereby invited to appear and express their views pertaining to the proposed amendment to said Zoning Ordinance No. 77-2090. SIGNED this 8th day of _ November , A. D. 1977. M. L. Rea, City Clerk, City Council of the City of Plainview