HomeMy WebLinkAboutOrd No. 11-354786
ZONING ORDINANCE Zone Case No. 818
Specific Use Permit Request
ORDINANCE NO. 11 -3547
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW BY ISSUANCE OF A SPECIFIC USE PERMIT TO
OPERATE A DOG GROOMING SERVICE IN A COMMERCIAL RETAIL
(C -2) ZONING DISTRICT, SAID PARCEL BEING 1901 -1903 NORTH
QUINCY STREET OF THE HIGH SCHOOL PLAINVIEW ADDITION,
BLOCK 4, S30' -13, LOT 14 -16, CITY OF PLAINVIEW, HALE COUNTY,
TEXAS; 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, Melanie Savage, acting agent and representative for the owner,
Isaiah Gardner, has requested a Specific Use Permit to operate a Dog Grooming
Service, in a Commercial Retail (C -2) Zoning District, same being 1901 -1903 North
Quincy Street of the High School Plainview Addition, Block 4, S30' -13, Lot 14 -16, City of
Plainview, Hale County, Texas; and
WHEREAS, the proposed issuance of a Specific Use Permit, as herein after
made, has been duly presented to the Planning and Zoning Commission for its
recommendation, and they found that the use is in general conformance with the Master
Plan and contains requirements and safeguards necessary to protect adjoining
property owners; and
WHEREAS, upon the Planning and Zoning Commission's recommendation to the
City Council that said Specific Use Permit be granted, the City Council heard such
recommendation and heard persons appearing in support or against such proposal in
the Council Chambers of the City Hall, Plainview, Texas; and
WHEREAS, the City Council determined that such Specific Use Permit is in
general conformance with the Master Plan of the City and contains requirements and
safeguards necessary to protect adjoining property owners; and
WHEREAS, the City Council further found the request of such permit is
consistent with the goals, policies, and future land use map of the Master Plan for the
City of Plainview, Texas; and
WHEREAS, the City Council determined that issuance of the Specific Use Permit
would not be detrimental or injurious to the public health, safety or general welfare, or
otherwise offensive to the neighborhood, and said Specific Use Permit shall issue in the
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manner hereinafter set forth in the body of this Ordinance.
NOW, THEREFORE, the City of Plainview hereby ordains that:
SECTION I
The request of Melanie Savage, acting agent and representative for the owner,
Isaiah Gardner, for a Specific Use Permit to operate a Dog Grooming Service in a
Commercial Retail (C -2) Zoning District, said parcel being 1901 -1903 North Quincy
Street, of the High School Plainview Addition, Block 4, S30' -13, Lot 14 -16, City of
Plainview, Hale County, Texas is approved with the stipulations listed below:
SECTION II
1. Operate a Dog Grooming Service as defined in paragraph 2.20 of the City of
Plainview Zoning Ordinance of which four or more dogs, cats or other domestic
animals more than four months of age are accepted for grooming and /or bathing
and payment is received for services; and
2. All equipment used to operate such Grooming Service shall be maintained in a
good condition, safe for the purpose for which it is intended; and
3. All outside areas will be kept clean and sanitary and free of offensive odors;
and
4. Remove manure and droppings from pens, yards, cages, and other enclosures
daily and handle or dispose of the excretions in such manner as to keep the
premises free of any nuisance; and
5. Place food in impervious containers on impervious surfaces; and
6. The Health Sanitarian for the Health Department and /or his /her designee shall
be permitted to inspect any animal establishment and all animals and the
premises where such animals are kept at any reasonable time during normal
business hours to ensure compliance; and
7. Proof of a certificate of general liability insurance coverage in the amount of
one million dollars ($1,000,000.00) for injury to any one person will be shown to
the City of Plainview before operating such Dog Grooming Services. Said
insurance shall cover any damages arising out of the use and operation of any
and all devices and facilities operated in connection with such grooming services.
The Health Sanitarian and /or his /her designee shall inspect such grooming
services as often as necessary to insure compliance with the provisions of this permit.
If such provisions of this permit are violated, then the City Council shall have the right to
revoke this Specific Use Permit.
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SECTION III
The purpose of this Ordinance is to protect the public interest and to reduce
dangers to the public. The issuance of this Specific Use Permit shall not constitute a
guarantee or warranty that the equipment and operation of such grooming services is
safe and free of defects.
SECTION IV
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 V
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 VI
Severability is intended throughout and within this Article. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A
constitutional construction hereof is intended and shall be given. There is not intent
herein to violate either of the Texas Constitution or the Constitution of the United States.
SECTION VII
This Ordinance shall be of full force and effect upon its passage and publication
as required by law.
PASSED AND APPROVED on first reading this 7 day of April, 2011.
PASSED AND APPROVED on second reading this 21
ATTEST:
Belinda Hinojosa, City Secre
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of April, 2011.
C. Anderson ayor
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APPROVED AS TO CONTENT
Delwin Derrick, Chief Building Official
APPROVED AS TO FORM:
Leslie Spear Pea ce, City Attorney
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