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Home My WebLink About16-3635 ord388 ZONING ORDINANCE — Zone Case No. 863 Specific Use Permit Request ORDINANCE NO. 16-3635 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP AND SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE A DAY CARE CENTER IN A MULTI -FAMILY RESIDENTIAL DISTRICT 1 (MF -1) ZONING DISTRICT, SAID PARCEL OF LAND BEING LOT 10, BLOCK 28, HIGHLAND PLV ADDITION, PLAINVIEW, HALE COUNTY, TEXAS; CUMULATIVENESS CLAUSE; SEVERABILITY CLAUSE; REPEALER; AND EFFECTIVE DATE. WHEREAS, Ordinance No. 89-2798, known as the City of Plainview Zoning Ordinance, sets forth in Section 33 the requirements for obtaining a Specific Use Permit, and in Section 5, the requisites for amending the Comprehensive Zoning Map of the City of Plainview, Texas; and WHEREAS, Brandy Luna, acting agent and representative for the property owner, Perry Collins, has submitted an application for a Specific Use Permit to operate a Day Care Center in a Multifamily Residential District 1 (MF -1) Zoning District located at Lot 10, Block 28, Highland PlvAddition, the same being 410 W. 11th Street, Plainview, Hale County, Texas; and WHEREAS, the Planning and Zoning Commission of the City of Plainview, Texas, held a public hearing on said application on June 23, 2016, after written notice of such public hearing before the Planning and Zoning Commission on the proposed issuance of a Specific Use Permit for a Day Care Center had been sent to real property owners with property lying within 200 feet of the property on which the proposed Permit would issue, and said Notice was properly given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Rolls; and WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Plainview, Texas recommended to the Plainview City Council that said Comprehensive Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Day Care Center in a Multifamily Residential District 1 (MF -1) Zoning District as set forth herein, and further found that the land use is in general conformance with the Comprehensive Plan and contains requirements and safeguards necessary to protect adjoining property owners; and ORD 16-3635 SUP- 410 W. 11th Page 1 WHEREAS, proper notice was further given of a public hearing to be held by the Plainview City Council in the Council Chambers at City Hall on August 9, 2016 at 7:00 p.m. to consider the amendment of the Comprehensive Zoning Ordinance and Map recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have opportunity to be heard, such Notice of this time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Plainview Herald, Plainview Texas, a newspaper of general circulation in such municipality; and WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matters of the Specific Use Permit, and the Plainview City Council, being informed as to the location and nature of the use proposed on said property, as well as the nature and usability of surrounding property, determined that the property in question should be issued the Specific Use Permit as requested and the Comprehensive Zoning Ordinance and Map be amended to allow a Specific Use Permit issue for a Day Care Center in a Multifamily Residential District 1 (MF -1) Zoning District as set forth herein, since its provisions are in the best interests of the public and will promote the health, safety and welfare of the community; and WHEREAS, the Plainview City Council further found that the issuance of the Specific Use Permit would not be detrimental or injurious to the public health, safety or general welfare, or otherwise offensive to the neighborhood, and said Specific Use Permit shall issue in the manner hereinafter set forth in the body of this Ordinance. NOW, THEREFORE, The City of Plainview Hereby Ordains that: SECTION I Ordinance Number 89-2798, known as the City of Plainview Zoning Ordinance, shows the locations and boundaries of certain districts and said Comprehensive Zoning Ordinance and Map is hereby amended so as to grant the request of a Specific Use Permit to operate a Day Care Center in a Multifamily Residential District 1 (MF -1) Zoning District, said parcel of land being Lot 10, Block 28, Highland Plv Addition, the same being 410 W. 11th Street, Plainview, Hale County, Texas, with specific stipulations as hereinafter stated. SECTION II Such permit shall be revoked, modified, or suspended for the following reasons: (1) Permit obtained by fraud. (2) A violation of the Texas Human Resources Code Ann., Chapter 42 (Vernon's 2013 and Supp. 2015), which regulates and enforces statewide childcare ORD 16-3635 SUP- 410 W. 11th Page 2 389 390 standards and regulations to protect the health, safety, and welfare of the children. (3) Refusal to allow an inspection by the Department of Family and Protective Services in accordance with Texas Human Resources Code Ann., Chapter 42 (Vernon's 2013 and Supp. 2015). (4) A violation of Texas Administrative Code, Title 40, Part 19, Chapter 745, regarding licensing. (5) A violation of Texas Administrative Code, Title 40, Part 19, Chapter 746, regarding minimum standards for childcare centers. (6) Land used for other purposes than to operate a Day Care Center in a Multifamily Residential District 1 (MF -1) Zoning District. (7) Use permitted exercised so as to be detrimental to the public health, safety, or welfare or as to constitute a nuisance. (8) Proof of a certificate of general liability insurance coverage for injury to any one person will be shown to the City of Plainview for approval before operating such Day Care Center. (9) Such rights and privileges under this permit shall terminate at such time any interruption or cessation of the use granted by this Specific Use Permit occurs for a period of one (1) year or more. (10) A violation of the City of Plainview Ordinances as well as any State, and/or federal laws or regulations. SECTION III The Chief of Police, Code Enforcement Officer, Fire Marshall, and Health Sanitarian shall be permitted to inspect the premises at any reasonable time during normal business hours to ensure compliance with all provisions of local, state, and federal laws. Inspection of such premises shall be allowed as often' as necessary to insure compliance with the provisions of this permit. If such provisions of this permit are violated, the City•Council'shall have the right to revoke this Specific Use Permit. SECTION IV The purpose of this Ordinance is to protect the public interest and provide for the public safety and welfare. The issuance of this Specific Use Permit shall not constitute a ORD 16-3635 SUP- 410 W. 11th Page 3 guarantee or warranty that the operation of such structure and property as a Day Care Center is safe and free of defects. SECTION V Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION VI Severability is intended throughout and within this Ordinance. If any provision, including any section, paragraph, sentence, clause, phrase or word or the application thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. A constitutional construction hereof is intended and shall be given. There is not intent herein to violate either of the Texas Constitution or the Constitution of the United States. SECTION VII All ordinances or parts of ordinances inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated herein. SECTION VIII This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on first reading this 9th day of August, 2016. PASSED AND APPROVED on second reading this 23rd day of August, 2016. Belinda Hinojosa, City Se Wendell Dunlap, Mayor ORD 16-3635 SUP- 410 W. 11th Page 4 391 392 APPROVED AS TO CONTENT: Cris Valverd , Community Development Manager APPROVED AS TO FORM: Les ie Spear S idt, City orney ORD 16-3635 SUP- 410 W. 11th Page 5