HomeMy WebLinkAbout94-3001178
SPECIFIC USE PERMIT IN A C-3 ZONE
CASE NO. 619
VOID
ORDINANCE NO. 94-3001
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A
SPECIFIC USE PERMIT TO ALLOW A RESTAURANT WITH
OUTDOOR RECREATION AND AMUSEMENT IN A C-3,
COMMERCIAL-3, ZONING DISTRICT UNDER CERTAIN
RESTRICTIONS; 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 33,-the requirements for obtaining a specific use permit; and
WHEREAS, W,~er a~.d E~ara Todd have requested that they be granted a specific use permit
to allow a restal~tnt ~ outdoor ~l~reation and amusement ina C-3, Commercial-3, Zoning District; and
WHEREAS, notice of a public hearing to discuss the issuance of said permit was published in the
Plainview Daily Herald before the 15th day prior to the hearing date; and
WHEREAS, said hearing was held in the Council Chambers of the City Hall, Plainview, Texas; and
WHEREAS, the proposed issuance of a specific use permit, as herein after made, has been du
presented to the Planning and Zoning Commission for its recommendation which was received by the
Council; and ~
WHEREAS, ~t.wa~teterr~ned~'b~the C~ty Council thait ~l~w~l~ be In thrl~lest pubhc ~nterest to
issue said specific~ pe~t., in t~he man~'-ner here,nafter set fo~' in t~bod~of t~ Ordinance;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Plainview, Texas that:
SECTION I
Walter and Barbara Todd are hereby granted a Specific Use Permit to allow a restaurant with outdoor
recreation and amusement in a C-3, Commercial -3, Zoning District, said parcel of land being described
as a 165' X 150.44' tract ~,,l~and and a 315' X 217.06' tract of land out of Block 86, College Hill Addition,
Plainview, ,l-lal~oun~, T~{[~a~ and generally located at 2905 Olton Road, under the following restrictions:
1.1_~ The main entrance of the business, following the platting of the property, shall be off Olton
Road;
2. The area adjacent to the R-I Zone be fenced, with final approval by the City Building
Inspector;
3. The fence is to be insulated with shrubbery, to contain noise;
4. No outdoor paging system shall be allowed;
5. All exterior lights are to be directed toward the center of the property and away from the
residences to the West.
1 of 2
179
SECTION II.
Provisions of this ordinance are cu~ula~and~nothjmj~ herein shall prevent, alter, or diminish the
applicability or enforcement of other ordinances re t~ting, regulating or governing the subject
matter herein.
SECTION III
All ordinances or portions of any ordinance of the City of Plainview, Texas in Conflict herewith, are
hereby amended to conform w~the provisions hereof.
s o ,o.N 0 !
Should any section, subsection, or any portion hereof be\~geen~ invalid f~any reason, such
holding shall not render or invalidate any other section, sulS-secti~h, sehten~provision, clause,
phrase, or word severable therefrom and the same shall be deemed severable for this purpose.
SECTION V
This ordinance shall be of full force and effect upon its passage and publication as required by law.
PASSED AND APPROVED this 28th day of June, 1994.
ATTEST:VOiD
Karen McBeth, City Secretary
APPROVED AS TO CONTENT:
Muff London, Dir. Com. Development
Lloyd C. Woods, Mayor
APPROVED AS~ F{~M:I
Wally Hatch, City Attorney
2 of 2
180
SPECIFIC .USE PERMIT IN A C-3 ZONE
CASE NO. 619
ORDINANCE NO. 94-3001
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A
SPECIFIC USE PERMIT TO ALLOW A RESTAURANT WITH
OUTDOOR RECREATION AND AMUSEMENT IN A C-3,
COMMERCIAL-3, ZONING DISTRICT UNDER CERTAIN
RESTRICTIONS; 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 33, the'requirements for obtaining a specific use permit; and
WHEREAS, WaEer and Barbara Todd have requested that they be granted a specific use permit
to allow a restaurant with outdoor recreation and amusement in a C-3, Commercial-3, Zoning District; and
WHEREAS, notice of a public hearing to discuss the issuance of said permit was published in the
Plainview Daily Herald before the 15th day prior to the hearing date; and
WHEREAS, said hearing was held in the Council Chambers of the City Hall, Plainview, Texas; and
WHEREAS, the proposed issuance of a specific use permit, as herein after made, has been dulv
presented to the Planning and Zoning Commission.for its recommendation which was received by the C
Council; and
WHEREAS, it was determined by the City Council that it would be in the best public interest to
issue said specific use permit in the manner hereinafter set forth in the body of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Plainview, Texas that:
SECTION I
Walter and Barbara Todd are hereby granted a Specific Use Permit to allow a restaurant with outdoor
recreation and amusement in a C-3, Commercial -3, Zoning District, said parcel of land being described
as a 165' X 150.44' tract of land and a 315' X 217.06' tract of land out of Block 86, College Hill Addition,
Plainview, Hale County, Texas and generally located at 2905 Olton Road, under the following restrictions:
3.
4.
5.
The main entrance of the business, following the platting of the property, shall be off .Olton
Road;
The area adjacent to the R-I Zone be fenced, with final approval by the City Building
Inspector;
The fence is to be insulated with'shrubbery, to contain noise;
Outdoor paging system shall be allowed for messages only;
All exterior lights are to be directed toward the center of the property and away from the
residences to the West.
I of 2
181
SECTION II.
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 III
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 IV
Should any section, subsection, or any portion hereof be deemed invalid for any reason, such
holding shall not render or invalidate any other section, sub-section, sentence, provision, clause,
phrase, or word severable therefrom and the same shall be deemed severable for this purpose.
SECTION V
This ordinance shall be of full force and effect upon its passage and publication as required by law.
PASSED AND APPROVED this 28th day of June, 1994.
ATTEST:
K~ren McBeth, City Secretary
APPROVED AS TO CONTENT:
I~luff-L.~don, Dir. Com. Development
APPROVED AS TO FORM:
Wally H~ch, City
Attorney
2 of 2