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ZONING ORDINANCE - Zone Case 20-02
ORDINANCE NO: 20-3705
.AN ORDINANCE .AMENDING ORDINANCE NO. 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 MULTI -FAMILY ("MF") ZONING
DISTRICT TO GENERAL COMMERCIAL BUSINESS ("GC") ZONING
DISTRICT BLOCK JK2 SECTION 38 OUT OF NW PART OF S/2 OF NW/4
BEING A TOTAL OF 11.094. ACRES, -PLAINVI-EW, HALE COUNTY-,
TEXAS; PROVIDING FOR A PENALTY OF :UP TO $2,000.00 FOR
VIOLATIONS; 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 amended and codified in
Plainview Code of Ordinances Chapter 14 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 following described parcels: of land has requested
that their property be .changed from MultkFamily ("MF".) Zoning District to General
Commercial Business ("GC") Zoning District:
Block JK2 Section 38 out -of NW Part of S/2 of. NW/4 being a total.of 11.094
acres, Plainview, Hale County Texas; and
WHEREAS, the property owner filed an application to change the zoning on their,
property and completed the staff review process as required: under §14.13.006 of the
Plainview Code of Ordinances; and
WHEREAS, after giving proper notice the Planning. and Zoning Commission
conducted a public hearing on the respective property, on April 9, 2020, to consider
amending Plainview's Zoning Ordinance and having determined :that it met the general
rezoning criteria of §14.13.006(c)- of the Plainview Code of Ordinances, at the conclusion
of such hearing voted'to recommend to the City Counciljo amend the Zoning -Ordinance
as outlined herein; And
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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 Heraldat: least fifteen (15) days prior to
the date of the public hearing in accordance with §211.006(a) of the Texas Local
Government Code; and
WHEREAS, on May 12, 2020, the City Council of the City of Plainview 'conducted
a public hearing on this prope rty:regarding the recommended zoning: change 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 Multi Family ("MF") Zoning District to
General Commercial Business ("GC") Zoning District Block JK2 Section 38 out of NW
Part of S/2 of NW/4 being 11.094 acres, City of'Plainview, Hale County, Texas, 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 PLAINV_IEW 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 amended and codified in. the Code of Ordinances of
the City. of Plainview Texas, is hereby amended as follows:
In accordance with §14.13.006 of the -Code of Ordinances, City of Plainview,
a change in zoning from:
Multi Family ("MF") Zoning District to General. Commercial Business ("GC")
:Zoning District Block: JK2 Section 38 out of NW Part. of S/2 of NW/4 being
11.094 acres, City of Plainview, Hale County,. Texas,
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. A violation of any provision of this Ordinance shall be deemed a
misdemeanor. punishable.in accordance with Section 1.01.009 of :the Code of Ordinances
of the City of Plainview, Texas.
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SECTION 5. This ordinance shall take effect immediately from and after its passage and
publication as may be.required by governing law.
SECTION 6. All. other terms and provisions of the Code of Ordinances, City of Plainview,
Texasnot in conflict herewith and not hereby amended shall remain in full force and effect.
SECTION 7. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or' invalid for any :reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 8. 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 12th day of May, 2020.:
Passed: and approved on second reading .this 26th day of May, 2020.
ATT T:
Belinda Hinojo. City Secretary
APPROVED AS TO CONTENT:
:n l
Jeffrey ny er, Ci y nager
APPROVED AS TO FORM:
M thew L. Wade, City Attorney
end`el Dunlap, Mayor
Ordinance No. 20-3705 ,
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