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ORDINANCE NO. 23-3740
AN ORDINANCE AMENDING ORDINANCE NO. 19-3690 OF THE CITY
OF PLAINVIEW, TEXAS 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 SUBURBAN RESIDENTIAL
("SR") ZONING DISTRICT TO MIXED RESIDENTIAL ("MR") ZONING
DISTRICT THE SOUTHEAST PART OF BLOCK 87, IN THE RAY
ADDITION, PLAINVIEW, HALE COUNTY, TEXAS COMMONLY KNOWN
AS 401 CANYON STREET, PLAINVIEW, 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 has requested
that their property be changed from Suburban Residential ("SR") Zoning District to Mixed
Residential ("MR") Zoning District:
Approximately 11,970 sq. ft. in the Ray Addition, the Southeast part of BLK
87, Plainview, Hale County, Texas also commonly known as 401 Canyon
Street, Plainview, Texas; and
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 January 12th , 2023, 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. 23-3740 Page 1 of 3
143
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 24th, 2023, the City Council of the City of Plainview
conducted a public hearing on this property regarding 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 changed from Suburban Residential
("SR") Zoning District to Mixed Residential ("MR") Zoning District approximately 11,970
sq. ft. in the Ray Addition, the Southeast part of BLK 87, Plainview, Hale County, Texas
also commonly known as 401 Canyon Street, Plainview, 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:
Suburban Residential ("SR") Zoning District to Mixed Residential ("MR")
Zoning District approximately 11,970 sq. ft. in the Ray Addition, the
Southeast part of BLK 87, Plainview, Hale County, Texas also commonly
known as 401 Canyon Street, Plainview, 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
misdemeanor punishable in accordance with Section
of the City of Plainview, Texas.
Ordinance No. 23-3740
Ordinance shall be deemed a
1.01.009 of the Code of Ordinances
Page 2 of 3
144
SECTION 5. This ordinance shall take effect immediately from and after its passage and
publication as may be required by governing law.
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 24th day of January, 2023.
Passed and approved on second reading this 14th day of Fgbruary, 2023.
Charles Star es, ayor
ATTEST:
Belinda Hinojosa, Cit cretary
APPROVED AS TO CONTENT:
Jeff reylSn��ity Manager
APPROVED AS TO FORM:
Matthew L. Wade, City Attorney
Ordinance No. 23-3740
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