HomeMy WebLinkAbout24-3764 Ordinance354
ORDINANCE NO. 24-3764
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 RURAL AGRICULTURE ("RA")
ZONING DISTRICT TO GENERAL COMMERCIAL BUSINESS ("GC")
ZONING DISTRICT A 1.94 ACRE TRACT OUT OF A 95.36 ACRE TRACT
BLK JK2, ABSTRACT 2180,G.C.& S.F.R.R. CO. IN THE CFA ADDITION,
PLAINVIEW, HALE COUNTY, TEXAS COMMONLY KNOWN AS 4201
OLTON RD. (HIGHWAY 70), PLAINVIEW, 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 Rural Agriculture ("RA") Zoning District to General
Commercial Business ("GC") Zoning District:
4201 Blk of Olton Road., BEING a 1.94 Acre tract out of that certain called 95.36
Acre tract, as described in Volume 510, Page 595, Deed Records of Hale County,
Texas, located in Section 28, Block JK2, Abstract 2180, G.C. & S.F. R.R. Co.
Survey, Plainview, Hale County, Texas.
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
considered Case File No. P-24-006 and conducted a public hearing on the respective
property on July 25, 2024, to consider amending Plainview's Zoning Ordinance and
having determined that it met the general rezoning criteria of §14.13.006(c) of the
Ordinance No. 24-3764 Page 1 of 3
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Plainview Code of Ordinances, 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 §211.006(a) of the Texas Local
Government Code; and
WHEREAS, on August 22, 2024, the City Council of the City of Plainview
conducted a public hearing on this property 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 changed from Rural Agriculture ("RA")
Zoning District to General Commercial Business ("GC") Zoning District approximately
1.94 Acre tract out of that certain called 95.36 Acre tract, as described in Volume 510,
Page 595, Deed Records of Hale County, Texas, located in Section 28, Block JK2,
Abstract 2180, G.C. & S.F. R.R. Co. Survey Plainview, Hale County, Texas with a street
address of 4201 Olton Rd (Highway 70), Plainview, 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 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 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:
Rural Agriculture ("RA") Zoning District to General Commercial Business
("GC") Zoning District approximately 1.94 acres in the CFA Addition, BLK
JK2, Abstract 2180, G.C.&S.F. C.C. Co. Survey, Plainview, Hale County,
Texas with a street address of 4201 Olton Rd. (Highway 70), Plainview,
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.
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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.
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,
Texas not 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 22"d day of August, 2024.
Passed and approved on second reading this 27th day of August, 2024.
ATTEST:
— / 4erf -K
Belinda Hinojo , Ci Secretary
APPROVED AS TO CONTENT:
City Manager
APPROVED AS TO FORM:
City Attorney
Charles tarn s, Mayor
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Ordinance No. 24-3764
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