HomeMy WebLinkAboutOrd No. 12-3569ZONING ORDINANCE - Zone Case No. 826
Specific Use Permit Request
ORDINANCE NO. 12 -3569
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW BY ISSUANCE OF A SPECIFIC USE PERMIT TO
OPERATE A BOWLING ALLEY IN A COMMERCIAL RETAIL (C -2)
ZONING DISTRICT, SAID PARCEL BEING 2002 NORTH QUINCY
STREET OF THE LAKESIDE PLV BLK 42 SW /PT S /OF RR 221.7' ON
QUINCY, 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, Mark Waters, acting agent and representative for the owner
Southwestern Cotton and Keith Billington, has requested a Specific Use Permit to
operate a Bowling Alley in a Commercial Retail (C -2) Zoning District, same being 2002
North Quincy Street of the LAKESIDE PLV BLK 42 SW /PT S /OF RR 221.7' ON
QUINCY, 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 City Hal?, 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 be issued
in the manner hereinafter set forth in the body of this Ordinance.
Ord. No. 12 -3569
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SECTION I
SECTION II
SECTION III
Ord. No. 12 -3569
NOW, THEREFORE, the City of Plainview hereby ordains that:
The request of Mark Waters, acting agent and representative for the owner,
Southwestern Cotton and Keith Billington, for a Specific Use Permit to operate a
Bowling Alley in a Commercial Retail (C -2) Zoning District, said parcel being 2002 North
Quincy Street, of the LAKESIDE PLV BLK 42 SW /PT S /OF RR 221.7' ON QUINCY City
of Plainview, Hale County, Texas is approved with the stipulations listed below:
1. All equipment used to operate such Bowling Alley shall be maintained in a
good condition, safe for the purpose for which it is intended; and
2. Food shall be placed in impervious containers on impervious surfaces; and
3. The kitchen area shall be brought up to current health and safety codes for
food establishments; and
4. The Chief Building Official, the Fire Marshall and the Environmental Health
Inspector shall be permitted to inspect the establishment, the equipment and the
premises at any reasonable time during normal business hours to ensure
compliance with all City of Plainview Ordinances.
5. The Environmental Health Inspector shall inspect the food services as often
as necessary to insure compliance with the health and safety issues regarding
food services.
6. 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 bowling alley. 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 bowling business.
If such provisions of this permit are violated, then the City Council shall have the
right to revoke this Specific Use Permit.
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 Bowling Alley is safe
and free of defects.
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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 24 day of January, 2012.
PASSED AND APPROVED on second reading this 14 ay of February, 2012.
ATT
T:
Ord. No. 12 -3569
Belinda Hinojosa, City Sege
C. Anderson, .yor
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176
APPROVED AS TO CONTENT:
Ord. No. 12 -3569
Jeffrey Snyder, Assistant City Manager
APPROVED AS TO FORM:
'e Spear Pe. rce, City Attorney
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