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ZONING ORDINANCE — Zone Case Z-19-01
ORDINANCE NO. 19-3695
AN ORDINANCE AMENDING ORDINANCE 19-3690 OF THE CITY OF
PLAINVIEW, TEXAS AND AMENDING THE ZONING MAP OF THE CITY
OF PLAINVIEW AS SET OUT IN §14.02.003 OF THE CODE OF
ORDINANCES BY CHANGING FROM "GENERAL COMMERCIAL (GC)"
TO "SUBURBAN RESIDENTIAL (SR)" THAT CERTAIN TRACT OF LAND
OUT OF LOTS 5 AND 6, BLOCK 2, BRANDES SUBDIVISION OF BLOCKS
35 AND 36, WEST BOSWELL HEIGHTS ADDITION AND BLOCK 83,
COLLEGE HILL ADDITION TO THE TOWN OF PLAINVIEW, HALE
COUNTY, TEXAS (1003 AMARILLO STREET); PROVIDING A PENALTY;
PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council for the City of Plainview, Texas has jurisdiction under
the constitution and laws of the State of Texas including, but not limited to, Article 11,
Section 5 of the Texas Constitution as a home rule city and Texas Local Government
Code Chapter 211, to set forth zoning ordinances and regulations for the public health,
safety, morals, or general welfare, for protecting and preserving places and areas of
historical, cultural, or architectural importance and significance and to promote a
harmonious, convenient, workable relationship among land uses; and
WHEREAS, the City Council of the City of Plainview, Texas has previously passed
Ordinance 19-3690, a comprehensive zoning ordinance, as codified in Plainview Code of
Ordinances Chapter 14, Articles 14.01 — 14.15, establishing, among other things, the
zoning district boundaries including applicable definitions and the Zoning Map of the City
of Plainview; and
WHEREAS, the owner of the respective parcels of land, Jim Henderson, has
requested that the zoning for their property be changed from General Commercial (GC)
to Suburban Residential (SR):
Being a tract of land out of Lots 5 and 6, Block 2, Brandes Subdivision of Blocks
35 and 36, West Boswell Heights Addition and Block 83, College Hill Addition to
the Town of Plainview, Hale County, Texas, as more further described in the
survey attached hereto as Exhibit "A", whose street address is 1003 Amarillo
Street, Plainview, Texas (the "Property")
WHEREAS, the above identified property owner filed an application to change the
zoning on this property and, after giving proper notice in accordance with Texas Local
Government Code §211.007, the Planning and Zoning Commission conducted a public
hearing on the Property on June 13, 2019, to consider amending Plainview's Zoning
Ordinance No. 19-3695 Page 1 of 4
282
Ordinance and at the conclusion of such hearing voted to recommend to the City Council
to amend the Zoning Ordinance as outlined herein; and
WHEREAS, following the recommendation of the Planning and Zoning
Commission, notice of the time and place of a public hearing on the proposal before the
City Council was published in the Plainview Daily Herald at least fifteen (15) days prior to
the date of the public hearing in accordance with §§14.11.006 and 14.13.003 of the Code
of Ordinances, City of Plainview, Texas, and Texas Local Government Code §211.006;
and
WHEREAS, on June 25, 2019, the City Council of the City of Plainview conducted
a public hearing on the recommended zoning change in the Council Chambers of the
Plainview City Hall at 901 Broadway, Plainview, Texas at a regular council meeting and
all interested persons were given an opportunity to speak on such recommendation; and
WHEREAS, the City Council of the City of Plainview finds that amending
Ordinance 19-3690 by changing the zoning from General Commercial (GC) to Suburban
Residential (SR) the Property described herein to be reasonable and beneficial for the
public health, safety, morals, general welfare and public interest of the citizens of
Plainview and desires amend the ordinance and the Zoning Map of Plainview accordingly;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW HEREBY
ORDAINS THAT:
SECTION 1. The recitals set forth above are hereby found to be true and correct and are
incorporated into the body of this Ordinance for all purposes as if fully set forth herein.
SECTION 2. Ordinance 19-3690, as codified in the Code of Ordinances, City of Plainview
Texas, is hereby amended as follows:
In accordance with §§14.11.006 and 14.13.003 of the Code of Ordinances,
City of Plainview, Texas, a change in zoning from:
Being a tract of land out of Lots 5 and 6, Block 2, Brandes Subdivision of
Blocks 35 and 36, West Boswell Heights Addition and Block 83, College Hill
Addition to the Town of Plainview, Hale County, Texas, as more further
described in the survey attached hereto as Exhibit "A"
SECTION 3. The Zoning Map of the City of Plainview as set forth in §14.02.003 of the
Code of Ordinances, City of Plainview, be amended to reflect the above referenced
change in zoning.
SECTION 4. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the
remaining portions of this ordinance or the application thereby shall remain in effect, it _
Ordinance No. 19-3695 Page 2 of 4
283
being the intent of the City Council of the City of Plainview, Texas in adopting this
Ordinance, that no portion thereof or provision contained herein shall become inoperative
or fail by any reasons of unconstitutionality of any other portion or provision.
SECTION 5. Penalty. Any person violating this Ordinance, or any portion thereof shall
upon conviction be guilty of a misdemeanor and, in accordance with Section 1.01.009 of
the Code of Ordinances, City of Plainview, Texas, shall be fined any sum not exceeding
$2,000 and each day that such violation continues shall be considered a separate offense
and punishable accordingly.
SECTION 6. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing law.
SECTION 7. Repealed. All other terms and provisions of the Code of Ordinances, City
of Plainview, Texas not in conflict herewith and not hereby amended shall remain in full
force and effect.
SECTION 8. Publication. The City Secretary of the City of Plainview is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
Passed and approved on first reading this 20th day of June, 2019.
Passed and approved on second reading this 25th day of June, 2019.
Wendell Dunlap, Mayor
ATTEST:
Belinda Hinojos C' y Secretary
APPROVED AS TO CONTENT:
Ordinance No. 19-3695 Page 3 of 4
APPROVED AS TO FORM:
G-t1�
Matthew L. Wade, City Attorney
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Ordinance No.19-3695
Page 4 of 4
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Countywide Title Co.
File #:
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Block 2
Brandes Subdivision
Adjoiner. Heath Keller
Tax ID # 26795
1005 Amarillo Street
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West loth Street (75' R/W)
Being a tract of land out of Lots 5 and 6, Block 2, Brandes Subdivision of
Blocks 35 and 36, West Boswell Heights Addition and Block 83, College Hill
Addition to the Town of Plainview, Hale County, Texas, described by metes and
bounds as follows:
COMMENCING at a spike found for the Southeast corner of Lot 7, Block 2,
Brandes Subdivision;
THENCE North 63.5 feet to a spindle set in the East line of said Lot 6, (3.5
feet North of the SE corner of said Lot 6) for the POINT OF BEGINNING of
the herein described tract;
THENCE North at 56.5 feet pass the NE comer of Lot 6, in all, 71.5 feet to a
1/2" rod found in the East line of said Lot 5 (15 feet North of the SE corner of
said Lot 5) for the Northeast corner of this tract;
THENCE West 140 feet to a 1/2" rod found in the West line of said Lot 5,
THENCE South, at 15 feet pass the SW corner of said Lot 5, in all, 47 feet to
a 1/2" rod set in the West line of Lot 6.
Thence East 55 feet to a point;
THENCE South 24.5 feet to a point;
THENCE East 85 feet to the POINT OF BEGINNING.
SUBJECT TO:
Being a T wide non-exclusive utility easement being ,adjacent to the most
uautherly, North :+all of adjoiners building.
Control Monument
13 of Recall Dipdty
Coned Moowrcnt
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15'
30'
Scale: 1 "=39
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Gene Burgess, Registered Professional Land
Surveyor of Texas #5408
111 W. 6th Street, Plainview TX 79072
P.O. Box 1418 Plainview TX 79073
(806) 296-5217 (FaxNoice)
cjwsurvey@yahoo.com
m May 21, 2019
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GENE BURGESS
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5408