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HomeMy WebLinkAbout18-3684 ord16 ZONING ORDINANCE - ORDINANCE NO. 18-3684 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF PLAINVIEW, TEXAS FOR THE CHANGE OF ZONING FROM A RESIDENTIAL ZONING DISTRICT ("R-1") TO A COMMERCIAL GENERAL BUSINESS ("C-2") ZONING DISTRICT. SAID TRACT OF LAND IS LOT 1, THRUSTON SUBDIVISION, UNIT NO. 1, CITY OF PLAINVIEW, HALE COUNTY, TEXAS; CUMULATIVENESS CLASS; CONFLICTS CLAUSE; SEVERABILITY CLASS; 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 zoning map of the City of Plainview, Texas; and WHEREAS, Dr. Stephen Kent Webb, applicant, and property owner, have requested the change of zoning from a Residential Zoning District ("R-1") to a Commercial General Business ("C-2") Zoning District for Lot 1, Thruston Subdivision, Unit No. 1, City of Plainview, Hale County, Texas; the same being 315 Ennis St., City of Plainview, Hale County, Texas; and WHEREAS, the proposed rezoning as hereinafter made, has been duly presented to the Planning and Zoning Commission for its recommendation, and they found that the use is in general conformance with the Master Plan and contains requirements and safeguards necessary to protect adjoining property owners; and WHEREAS, the City Council further found the request of such rezoning is consistent with the goals, policies, and future land use map of the Master Plan for the City of Plainview, Texas; and WHEREAS, the City Council determined that such rezoning would not be detrimental or injurious to the public health, safety or general welfare, or otherwise offensive to the neighborhood, said rezoning 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 The request of Dr. Stephen Kent Webb applicant, and property owner, for the change of zoning from a Residential Zoning District ("R-1 ") to a Commercial General Business ("C-2") Zoning District for Lot 1, Thruston Subdivision, Unit No.1, City of Plainview, Hale County, Texas; the same being 315 Ennis St., City of Plainview, Hale County, Texas is approved. Ordinance No. 18-3684 RZ — 315 Ennis St. Page 1 of 3 17 SECTION II 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 III 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 IV 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 V 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. 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 purpose. SECTION VII This ordinance shall be of full force and effect upon its passage and publication as required by law. Ordinance No. 18-3684 RZ — 315 Ennis St. Page 2 of 3 IN PASSED AND APPROVED on first reading this 25th day of September, 2018. PASSES AND APPROVED on second reading this 4th day of October, 2018. Wendell Dunlap, Mayor ATT ST: & /T-�— Belinda Hind' a, City Secretary APPROVED AS-TO/CONTENT: "Community Development Manager APPROVED AS TO FORM: ,M�,4,Lz Matt ade, City Attorney Ordinance No. 18-3684 RZ — 315 Ennis St. Page 3 of 3