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ZONING ORDINANCE - Zone Case 20-03
ORDINANCE NO. 20-3711
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW AS SET OUT IN §14.02.003 OF THE CODE OF
ORDINANCES BY CHANGING FROM MULTI -FAMILY ("MF") ZONING
DISTRICT TO GENERAL COMMERCIAL BUSINESS ("GC") ZONING
DISTRICT BLOCK 1 LOT 2 OF THE CHECKER SUBDIVISION,
UNIMPROVED LOT, 3.6230 ACRES, PLAINVIEW, HALE COUNTY,
TEXAS; PROVIDING FOR A PENALTY OF UP TO $2,000.00 FOR
VIOLATIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING A
SAVINGS 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
Ordinance 19-3690, 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 had requested
that their property be changed from Multi -Family ("MF") Zoning District to General
Commercial Business ("GC") Zoning District:
BLOCK 1 LOT 2 OF THE CHECKER SUBDIVISION, UNIMPROVED LOT, 3.6230
ACRES, PLAINVIEW, HALE COUNTY, TEXAS;
WHEREAS, the property owner filed an application to change the zoning on their
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
conducted a public hearing on the respective property on November 12, 2020 to consider
amending Plainview's Zoning Ordinance and having determined that it met the general
rezoning criteria of §14.13.006(c) of the 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
Ordinance No. 20-3711 Page 1 of 3
401
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 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 December 3, 2020, the City Council of the City of Plainview
conducted a public hearing for each piece of property separately 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 that amending
Ordinance 19-3690 by changing the zoning from Multi Family ("MF") Zoning District to
General Commercial Business ("GC") Zoning District Block 1 Lot 2 of the Checker
Subdivision, Unimproved Lot, 3.6230 Acres, City of Plainview, Hale County, Texas, 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 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. Ordinance 19-3690 as amended and codified in the Code of Ordinances of
the City of Plainview Texas, is hereby amended as follows:
In accordance with §14.13.006 of the Code of Ordinances, City of Plainview,
a change in zoning from:
Multi Family ("MF") Zoning District to General Commercial Business ("GC")
Zoning District Block 1 Lot 2 of the Checker Subdivision, Unimproved Lot,
3.6230 Acres, City of Plainview, Hale County, Texas,
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. A violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable in accordance with Section 1.01.009 of the Code of Ordinances
of the City of Plainview, Texas.
SECTION 5. This ordinance shall take effect immediately from and after its passage and
publication as may be required by governing law.
Ordinance No. 20-3711 Page 2 of 3
402
SECTION 6. 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 7. 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 8. 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 3rd day of December, 2020.
Passed and approved on second reading this 8th day of December, 2020.
Charles Stiarne ,Mayor
ATTEST:
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Belinda Hinojosa, dity 9cr
tary
APPROVERAS TO CONTENT:
Jeffrey Snyder, Citgranager
APPROVED AS TO FORM:
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Matt Wade, City Attorney
Ordinance No. 20-3711
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