HomeMy WebLinkAboutOrd No. 12-3584ZONING ORDINANCE - Zone Case 832
ORDINANCE NO. 12 -3584
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW BY ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE
ALAMO BEER AND WINE, A PACKAGE STORE, IN THE LIGHT
INDUSTRIAL (M -1) ZONING DISTRICT, SAID PARCEL BEING LOTS 8 -9,
BLOCK 23 OF THE MCCLELLAND ADDITION, CITY OF PLAINVIEW
HALE COUNTY, TEXAS, SAME BEING 1101 EAST FIFTH STREET;
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, Jorge and Maria R. Flores have requested a Specific Use Permit to
operate Alamo Beer and Wine, a package store, in the Light Industrial (M -1) Zoning
District, said parcel being Lots 8 and 9, Block 23 of the McClelland Addition, the same
being 1101 East 5 Street, 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 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 -3584
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SECTION I
The request of Jorge and Maria R. Flores for a Specific Use Permit to operate
Alamo Beer and Wine, a package store, in the Light Industrial (M -1) Zoning District, said
parcel being Lots 8 -9, Block 23 of the McClelland Addition, the same being 1101 East 5th
Street, City of Plainview, Hale County, Texas, is approved.
SECTION II
Such rights and privileges under this permit shall terminate at such time any
interruption or cessation of the use granted by this Specific Use Permit occurs for a period
of one (1) year or more.
SECTION III
The Chief of Police, Environmental Health Officer, Texas Alcoholic Beverage
Commission (TABC) Officers, and /or other law enforcement officers shall be allowed to
enter such premises at any time to inspect such establishment, including but not limited
for the purpose of pursuing a complaint and /or investigation against such establishment
regarding compliance with city, state, and federal laws and regulations regarding package
store's commercial business sale of alcohol to the public.
SECTION IV
1'
SECTION V
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 VI
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
Such permit shall be revoked, modified, or suspended for the following reasons:
(1) Violation of City, State, and /or federal laws and regulations;
(2) Permit obtained by fraud;
(3) Use executed contrary to the conditions of its approval; or
(4) Use permitted exercised so as to be detrimental to the public health, safety,
or welfare or as to constitute a nuisance.
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.
Ordinance No. 12 -3584
SUP -1101 E. 5
Page 2 of 3
SECTION VII
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 VIII
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 9 th day of October, 2012.
PASSED AND APPROVED on second reading this 23 day of October, 2012.
ATT , T:
Belinda Hinojosa, City Secret
APPROVED AS TO CONTENT:
Jeffrey
APPROVED AS TO FORM:
istant City Manager
pear 'ear -, ity to ney
Ordinance No. 12 -3584
endell Dunlap, Mayor
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