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Home My WebLink About16-3643 ord441 ZONING ORDINANCE - Zone Case 864 ORDINANCE NO. 16-3643 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF PLAINVIEW, TEXAS FOR THE REZONING OF A LIGHT INDUSTRIAL 1 ("M-1") ZONING DISTRICT TO A SINGLE FAMILY RESIDENTIAL 2 ("R-2") ZONING DISTRICT, SAID PARCEL BEING APPROXIMATELY 25.70 UNPLATTED ACRES LOCATED ABOUT THE 2292 BLK OF JK -2 SEC 38 IN THE SOUTH AND WEST PART OF THE NORTH HALF OF THE NORTHWEST QUARTER, BEING IN THE VICINITY OF 3500 QUINCY STREET IN THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS; REPEALER; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, Ordinance No. 89-2798 known as the City of Plainview Zoning Ordinance, sets forth in Section 5 the requirements for amending the Comprehensive Zoning Ordinance and Map of the City of Plainview, Texas; and WHEREAS, the property owner, by authorized representative, has requested their residence located at 3500 Quincy a/k/a 3610 Quincy Street with an approximate property description of about the 2292 Blk of JK -2, Section 38, in the South and West part of the North half of the Northwest quarter, be rezoned from a Light Industrial 1 ("M-1") Zoning District to a Single Family Residential 2 ("R-2") Zoning District for an approximately 25.70 acre tract of unplatted land, Exhibit "A" attached and incorporated herein with a more specific property description and map, in City of Plainview, Hale County, Texas; and WHEREAS, the Planning and Zoning Commission of the City of Plainview, Texas, held a public hearing on October 13, 2016, after written notice of such public hearing before the Planning and Zoning Commission on the proposed change in zoning had been sent to real property owners lying within 200 feet of the property on which the Zoning Change from a Light Industrial 1 ("M-1") Zoning District to a Single Family Residential 2 ("R-2") Zoning District, was proposed, and said Notice was properly given not Tess than ten (10) days before the date set for the hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last City Tax Rolls; and WHEREAS, after consideration of said application, the Planning and Zoning Commission recommended to the Plainview City Council that said Comprehensive Zoning Ordinance and Map be amended to allow a Zoning Change from a Light Industrial 1 ("M-1") Zoning District to a Single Family Residential 2 ("R-2") Zoning District and further found that the land use is in general conformance with the above-described area and Ordinance No.16-3643 ZC 864 Page 1 of 6 442 contains requirements and safeguards necessary to protect adjoining property owners, as set forth herein; and WHEREAS, proper notice was further given of a public hearing to be held by the Plainview City Council in the Plainview Civic Center, 2902 West 4th Street on November 17, 2016 at 11:30 a.m. to consider the amendment of the Comprehensive Zoning Ordinance and Map recommended by the Planning and Zoning Commission, and all citizens and parties of interest were notified that they would have an opportunity to be heard, such Notice of the 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 the request for a Zoning Change from a Light Industrial 1 ("M-1") Zoning District to a Single Family Residential 2 ("R-2") Zoning District, for a residence located at 3500 Quincy alkla 3610 Quincy Street with accompanying acreage in Plainview, Hale County, Texas, 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, has determined that the property in question, as well as other property within the Plainview city limits has changed in character since the enactment of the original Zoning Ordinance from its classification of a Light Industrial 1 (MM -1") Zoning District, and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted, since its provisions are in the public's best interests and will promote the health, safety, and welfare of the community; and WHEREAS, the City Council also determined that such rezoning is in general conformance with the goals and policies of the current adopted land use map, and such Zoning Change contains requirements and safeguards necessary to protect adjoining property owners, as set forth herein; and WHEREAS, the City Council further determined that such rezoning would not be detrimental or injurious to the public health, safety or general welfare, or otherwise offensive to the neighborhood, but rather, will be in the best interest of the community, said rezoning shall be in the manner hereinafter set forth in the body of this Ordinance. NOW, THEREFORE, The City of Plainview hereby ordains that: SECTION I The request of Keith Billington, authorized representative of Coleen Bryant Trust, signed an Application for the Rezone of the 2292 Blk of JK -2, Sec 38, in the South and West part of the North half of the Northwest quarter of approximately 25.70 acres from a Light Industrial 1 ("M-1") Zoning District to Single Family Residential 2 ("R-2") Zoning District for a residence located at 3500 Quincy a/k/a 3610 Quincy, Exhibit "A" attached Ordinance No.16-3643 ZC 864 Page 2 of 6 443 and incorporated herein with a more specific property description and map, City of Plainview, Hale County, Texas, and said request is hereby approved. SECTION II The City Council, being informed of the location and the nature of the use proposed on said property, as well as the nature and usability of surrounding property, determined that the property in question and the surrounding area has changed in character since the enactment of the original Zoning Ordinance from its classification of Light Industrial ("M-1") Zoning District. By rezoning said residence and its accompanying acreage to a Single Family Residential 2 ("R-2") Zoning District, the property is in general conformance with the City of Plainview's Comprehensive Plan, and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted, since its provisions are in the public's best interest and will promote the health, safety and welfare of the community. SECTION III The City Council hereby amends the Comprehensive Zoning Ordinance and Map so as to approve such request and rezones said property from Light Industrial 1 ("M-1") Zoning District to a Single Family Residential 2 ("R-2") Zoning District. SECTION IV Code Enforcement officers shall have the right to enter such premises to make an inspection or acquire information to determine if the premises and use of the premises complies with this Ordinance. SECTION V Any person, whether owner, lessee, principal, agent, employee, or otherwise, who violates this Ordinance shall be liable for such violation and fined in accordance to the City of Plainview Zoning Code of Ordinances, Section 41, Violations and Penalties. SECTION VI Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or goveming the subject matter herein. SECTION VII All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. Ordinance No.16-3643 ZC 864 Page 3 of 6 444 SECTION VIII 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 IX 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 17th day of November,2016. PASSED AND APPROVED on second reading this 22nd day of November, 2016. i4C(' Wendell Dunlap, Mayor ATTEST: Belinda Hinojosa, City Secret it j APPROVED AS TO CONTENT: /A it' Cris Va(erde, Community Development Manager APPROVED AS TO FORM: Ordinance No.16-3643 ZC 864 Page 4 of 6 445 Exhibit "A" A tract of land out of the Southwest part of the North one-half of the Northwest one-fourth of Section 38, Block JK -2, Hale County, Texas, described by metes and bounds as follows: BEGINNING at a 5!8" steel rod in the middle of lane in line with fence east, beginning the middle of the west line of the northwest one-fourth of Section 38, Block JK -2; THENCE East along fence, 617.8 varas to a point under fence, in the south line of said north one-half of the northwest one-fourth of said Section 38, and the South, Southwest comer of a 54 acres tract Tying Northeast of this tract; tract THENCE North 237.6 varas to re-entrant comer of said 54 acres THENCE West 617.8 varas to the West, Southwest corner of same; THENCE South 237.6 varas to the place of beginning being the Southwest part of the North half of the Northwest one-fourth of Section 38, Block .IK -2 in Hale County, Texas; being the same land conveyed to H. M. Autry by Bill W. Dysart et ux Patricia Dysart by deed dated December 3, 1958, recorded Book 334, page 361, Deed Records, Hale County, Texas. Ordinance No.16-3643 ZC 864 Page 5 of 6 446 Ordinance No.16-3643 ZC 864 Page 6 of 6