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Home My WebLink About25-3776 OrdinanceZONING ORDINANCE - Zoning Case P-24-011 ORDINANCE NO. 25-3776 AN ORDINANCE OF THE CITY OF PLAINVIEW GRANTING A SPECIAL USE PERMIT ("SUP") TO OPERATE A CORRECTIONAL INSTITUTION IN GENERAL COMMERCIAL ("GC") ZONING DISTRICT AT ALL OF LOTS 7-13, AND THE SOUTH ONE-HALF (SI2) OF LOT 14, BLOCK 34, ORIGINAL TOWN OF PLAINVIEW, HALE COUNTY, TEXAS COMMONLY KNOWN AS 302 AUSTIN, 308 AUSTIN AND 305 BROADWAY, PLAINVIEW, TEXAS PURSUANT TO SECTIONS 14.04.003 AND 14.13.004 OF THE CODE OF ORDINANCES, CITY OF PLAINVIEW, TEXAS; PROVIDING A PENALTY, EFFECTIVE DATE, A SAVINGS CLAUSE, AND A SEVERABILITY 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 a comprehensive zoning ordinance, as amended and codified in Plainview Code of Ordinances Chapter 14, establishing, among other things, the zoning district boundaries, including the ability to grant special use permits under certain circumstances; and WHEREAS, the owner of the following described property (the "Property") has requested a special use permit to operate a correctional institution in the General Commercial ("GC") Zoning District: All of Lots 7-13, and the South One -Half (SI2) of Lot 14, Block 34, Original Town of Plainview, Hale County, Texas aka 302 and 308 Austin and 305 Broadway Plainview, Texas 79072), plus one-half of all bounding streets, alleys, and public ways; and WHEREAS, the owner filed an application for a special use permit and has completed the staff review process as required under §14.13.004(d) of the Plainview Code of Ordinances; and WHEREAS, after giving proper notice, the Planning and Zoning Commission considered Case File No. P-24-011 and conducted a public hearing on the Property on December 12, 2024, to consider granting a special use permit, and, having determined that the request met the criteria of §14.13.004 of the Plainview Code of Ordinances, at the Ordinance No. 25-3776 Page 1 of 4 conclusion of such hearing voted to recommend to the City Council to grant the special use permit, with conditions, 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 January 28, 2025, the City Council of the City of Plainview conducted a public hearing on the recommended special use permit 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: the proposed special use would operate or be designed in a manner that does not diminish the use or functionality of surrounding properties; provisions for hours of operation, parking and loading areas, driveways, lighting, signs, landscaping, buffering, and other site improvements have been provided; adequate public services would be available without the reduction of services to any existing uses; the proposed special use would incorporate design features to sufficiently protect adjacent uses; and the proposed special use is compatible with adjacent existing uses; and WHEREAS, the City Council of the City of Plainview finds that issuance of a special use permit would not be detrimental or injurious to the public health, safety or general welfare, or otherwise offensive to the neighborhood, the City Council desires to issue the proposed special use permit as set forth in the body of this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, 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. A special use permit to operate a correctional institution in the General Commercial ("GC") Zoning District at the Property is hereby GRANTED, subject to the conditions set forth in this Ordinance. SECTION 3. The Property must be maintained in a manner that meets all current ordinances and regulations of the City of Plainview including, without limitation, all ordinances and regulations that specifically apply to correctional institutions, and other requirements as listed in this article. SECTION 4. The Property must have perimeter privacy fence screening made of slatted fencing and at least 6 feet in height; tree screening on the north side of the property; and appropriate landscaping outside of the perimeter privacy fence screen. The existing parking lot and driveways must be removed, and a new driveway must be built off of N. Austin Street. Additionally, a secure bus approach for student drop-off and pick-up must be built. Ordinance No. 25-3776 Page 2 of 4 i 421 SECTION 5. The special use permit granted by this Ordinance shall terminate automatically upon cessation of the specially permitted use (correctional institution). SECTION 6. Penalty. A violation of any provision of this Ordinance shall be deemed a violation of a rule, ordinance, or police regulation that governs fire safety, zoning or public health and sanitation, punishable by a fine not to exceed $2,000 in accordance with Section 1.01.009(c) of the Code of Ordinances of the City of Plainview, Texas. SECTION 7. Effective Date. This ordinance shall take effect immediately from and after its passage and publication as may be required by governing law. SECTION 8. Savings. 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 9. Severability. 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 10. 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 28th day of January, 2025. Passed and approved on second reading this 11th day of February, 2025. 0040--� Charles Star es, ayor ATTEST: & k'l Belinda Hinojosa, Secretary Ordinance No. 25-3776 Page 3 of 4 422 APPROVED AS TO CO City Manager APPROVED AS TO FORM: M. White, City Attorney Ordinance No. 25-3776 Page 4 of 4 U H I