HomeMy WebLinkAbout25-3775 OrdinanceA
ORDINANCE NO. 25-3775
AN ORDINANCE AMENDING THE PLAINVIEW ZONING ORDINANCE
AS CODIFIED IN CHAPTER 14 OF THE CITY'S CODE OF ORDINANCES
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 MIXED USE ("MU") ZONING DISTRICT TO
GENERAL COMMERCIAL ("GC") ZONING DISTRICT ALL OF LOTS 7-
13, AND THE SOUTH ONE-HALF (S/2) OF LOT 14, BLOCK 34,
ORIGINAL TOWN OF PLAINVIEW, HALE COUNTY, TEXAS
COMMONLY KNOWN AS 302 AUSTIN, 308 AUSTIN AND 305
BROADWAY, PLAINVIEW, TEXAS; PROVIDING AN 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 applicable definitions and the Zoning Map of the City of Plainview; and
WHEREAS, the owner of the following described parcels of land (the "Property")
has requested that their property be changed from Mixed Use ("MU") Zoning District to
General Commercial ("GC") Zoning District:
All of Lots 7-13, and the South One -Half (S/2) 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 of the Property filed an application to change the zoning on
the 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-24-010 and conducted a public hearing on the Property on
December 12, 2024, to consider amending Plainview's Zoning Ordinance, and, having
determined that the request met the general rezoning criteria of §14.13.006(c) of the
Ordinance No. 25-3775 Page 1 of 3
417
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 January 28, 2025 the City Council of the City of Plainview
conducted a public hearing on 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 amending the Plainview
Zoning Ordinance and Zoning Map by changing the zoning of the Property from Mix Use
("MU") Zoning District to General Commercial ("GC") Zoning District 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 Plainview Zoning 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. The Plainview Zoning Ordinance as amended and codified in the Code of
Ordinances of the City of Plainview Texas, is hereby amended so that the Property shall
be, and it is hereby, changed from Mixed Use ("MU") Zoning District to General
Commercial ("GC") Zoning District.
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. Effective Date. This ordinance shall take effect immediately from and
after its passage and publication as may be required by governing law.
SECTION 5. 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 6. 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.
Ordinance No. 25-3775 Page 2 of 3
SECTION 7. 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.
ATTEST:
& 4t
Belinda Hino sa, ity Secretary
APPROVED AS TO CONTENT:
Cou ney M. White, City Attorney
0"4k��
Charles Starn s, yor
I
Ordinance No. 25-3775
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