HomeMy WebLinkAboutOrd No. 12-3576194
ZONING ORDINANCE - Zone Case 830
ORDINANCE NO. 12 -3576
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW BY ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE
AN ARCADE IN A COMMERCIAL GENERAL BUSINESS (C -3) ZONING
DISTRICT, SAID PARCEL BEING 506 WEST 5 STREET OF THE
STANDLEY ADDITION, BLOCK JK -2, SECTION N40, 78' X 140' WEST
SIDE TRACK 17 A -4 AND A, 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, Larry Murrell, acting agent and representative for the owner, James
R. Odom, has requested a Specific Use Permit to operate a Just for Fun Arcade in the
Commercial General Business (C -3) Zoning District, said parcel being Block JK -2,
Section N40, 78' x 140' West Side Track 17 A -4 and A of the Standley Addition, City of
Plainview, Hale County, Texas, same being 506 West 5 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, said Specific Use Permit shall be issued in
the manner hereinafter set forth in the body of this Ordinance.
Ordinance No. 12- 3576
ZC830 — 8 Liner Arcade Page 1 of 3
SECTION I
The request of Larry Murrell, acting agent and representative for the owner, James
R. Odom, for a Specific Use Permit to operate a Just for Fun Arcade in the Commercial
General Business (C -3) Zoning District said parcel being Block JK -2, Section N40, 78' x
140' West Side Track 17 A -4 and A of the Standley Addition, City of Plainview, Hale
County, Texas, same being 506 West 5th Street is approved.
SECTION II
Upon the request or inspection of such premises, Larry Murell 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
Such arcade machines and business activities must comply with the Texas Penal
Code, Chapter 47; regarding Gambling exceptions to assure such business operations do
not violate the Texas Gambling laws.
SECTION IV
The Police Chief and /or his /her designee shall inspect such arcade as often as
necessary to insure compliance with the provisions of this Specific Use Permit. If such
provisions of this permit are violated, then the City Council shall have the right to revoke
this Permit.
SECTION V
The purpose of this ordinance is to protect the public's safety and welfare. The
issuance of this Specific Use Permit requires said arcade's business operations to be in
compliance with local, state, and federal laws of the United States.
SECTION VI
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 VII
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
All ordinances or portions of any ordinance of the City of Plainview, Texas in
Ordinance No. 12- 3576
ZC830 — 8 Liner Arcade Page 2 of 3
195
196
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VIII
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 IX
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 26 day of June, 2012.
PASSES AND APPROVED on second reading this 10 day of July, 2012.
ATT ST:
Belinda Hinojosa, Cit-cretary
APPROVED AS TO CONTENT:
Jeffrey 'ssistant City Manager
APPROVED AS TO FORM:
Leslie Spear Pear e, City Attorney
Ordinance No. 12- 3576
ZC830 — 8 Liner Arcade
Wendell Dunlap,
or
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