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HomeMy WebLinkAbout94-3005190 SPECIFIC USE PERMIT IN A C-2 ZONE CASE NO. 620 ORDINANCE NO. 94-3005 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT TO ALLOW A RADIATOR REPAIR SHOP IN A C-2, COMMERCIAL-2, 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, Alan Jones has requested that he be granted a specific use permit to allow a Radiator Repair Shop in a C-2, Commercial-2, 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 dti~.~ presented to the Planning and Zoning Commission for its recommendation which was received by the City Council; and it would be in the best public interest to issue said specific use permit in the manndr 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 The request of Alan Todd for a Specific Use Permit to operate a Radiator Repair Shop (sales and service) in a C-2, Commercial - 2 Zoning District, said parcel of land described as .706 acres E. of 1-27 out of the east part of Sec 27, Block JK-2 Abstract 25, Plainview, Hale County and generally located in the 1100 Block of 1-27 with the following restrictions: 1) The land and the development thereof shall be generally in conformance with the site plan as approved by the City Planning and Zoning Commission. Any occupied structures shall be at ground level. The site plan of these improvements as approved by the City Planning and Zoning Commission is attached and made a part of the Special Use Permit for ~ purposes. A copy shall be retained by the City of observance in connection with £ improvements. All paved areas, permanent drives, streets, and drainage structures if any 191 shall be constructed in accordance with the standard City of Plainview specifications adopted for such purpose. 2) The permit shall allow use as a radiator sales and repair shop only. 3) All means of ingress and egress to the property shall be approved by the City Planning and Zoning Commission. 4) All service drives shall be paved, and curbs and drainage structures installed in accordance with the specifications and requirements of the appropriate regulatory authorities. 5) All street parking and paving shall be as provided in the Zoning Ordinance. 6) If the alley will be utilized for egress and ingress to the property, same shall be paved at owner's expense to the paved alley to the south, and use of the alley shall be limited to ingress and egress from the south. 7) All planting, screening, and landscaping shall be provided as indicated on the site plan. 8) All signs and billboards shall be on the west side of the property. 9) The main entrance and exit of the business shall be at the Interstate access road. e~ 10) ~ The east, north, arF~ sides of the property shall be fenced with at least an 8 foot ~%~apaque::£encg~~~roval by the City Building Inspector. The fencing on the north and south ides ~f th~ p{op~rty shall be from the alley west to at least 150 feet or to a wall of the building. 11) No outdoor paging system will be allowed. 12) All exterior lights are to be directed toward the center of the property and away from the residences to the east. 13) All "hazardous waste" as defined by governmental statute regulations, including antifreeze, shall be stored and disposed of in accordance with those regulations. 14) All waste and trash shall be kept inside the fenced area or in city approved trash receptacles, and not viewable from the residences to the east. 15) Regular hours of operation of the business shall not be outside 8 o'clock a.m. to 6 o'clock p.m. on weekdays and Saturdays. The business may perform inside repairs outside the regular business hours in an emergency situation or during times when business volume is at an unusually high level. is hereby granted. 192 SECTION II. Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish th~ 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: Karen McBeth, City Secretary Lloyd Woods, Mayor APPROVED AS TO CONTENT: Mu'ff~gndon, Dir. of Comm. Dev. APPROVED AS TO FORM: Wally Ha~h, City Attorney