HomeMy WebLinkAboutOrd No. 12-3573ZONING ORDINANCE - Zone Case 828
ORDINANCE NO. 12 -3573
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS BY ISSUANCE OF A SPECIFIC USE PERMIT TO
OPERATE AN ARCADE IN THE CENTRAL BUSINESS (CB) ZONING
DISTRICT, SAID PARCEL BEING 314 BROADWAY OF THE ORIGINAL
TOWN ADDITION, LOT 16, BLOCK 23, 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, Chris Price, acting agent and representative for the owner, The
Wagon Yard, Inc., has requested a Specific Use Permit to operate an Arcade in the
Central Business (CB) Zoning District, said parcel being Lot 16, Block 43 of Original Town
Addition, City of Plainview, Hale County, Texas, same being 314 Broadway Street; 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 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 be issued
in the manner hereinafter set forth in the body of this Ordinance.
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
Ordinance No. 12 -3573
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SECTION I
The request of Chris Price, acting agent and representative for the owner, The
Wagon Yard, Inc., for a Specific Use Permit to operate an Arcade in the Central Business
(CB) Zoning District, said parcel being Lot 16, Block 43 of Original Town Addition, City of
Plainview, Hale County, Texas, same being 314 Broadway Street, is approved.
SECTION II
Upon the request or inspection of such premises, Chris Price must produce a valid
Texas Coin - operated Machine Registration Certificate. Without a valid Certificate from
the Comptroller of Public Accounts, such Arcade cannot operate as a business within the
City of Plainview, Texas.
SECTION III
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 IV
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 V
Severability is intended throughout and within this Ordinance. 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 VI
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 12 day of June, 2012.
Ordinance No. 12 -3573
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PASSED AND APPROVED on second reading this 26 day of June, 2012.
ATT
Belinda Hinojosa, City Secret
APPROVED AS TO CONTENT:
Jeffrey
APPROVED AS TO FORM:
Leslie Spear Pearce,
Ordinance No. 12 -3573
a.
er, stant City Manager
ity Attorney
Wendell l unlap, Mayor
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