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ORDINANCE NO. 23-3742
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 APPROXIMATELY 3.84 ACRES LOCATED AT 201
AMARILLO STREET, PLAINVIEW, HALE COUNTY, 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 approximately 3.84 acres with an address of 201 Amarillo
Street, Plainview, Hale County, Texas has requested that their property be changed from
Suburban Residential ("SR") to Mixed Residential ("MR") in order to develop a senior living
housing project; 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 March 6, 2023, to consider
amending Plainview's Zoning Ordinance and having determined in Planning and Zoning
Case File No. P-23-02 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
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
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Ile date of the public hearing in accordance with §211.006(a) of the Texas Local
Government Code; and
WHEREAS, on March 28, 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") of approximately 3.84 acres at 201
Amarillo Street, Plainview, Hale County, Texas in order to develop a senior living housing
project 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")
3.84 acres located at 201 Amarillo Street, Plainview, Hale County, Texas
as further depicted in Exhibit A attached hereto.
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.
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.
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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 28th day of March, 2023.
Passed and approved on second reading this 11 th day of April, 2023.
ATTEST:
Belinda Hinojosa, City Secr ary
APPROVED AS TO CONTENT:
CdK --
Jeffrey y Manager
APPROVED AS TO FORM:
Wttllew L. Wade, City Attorney
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