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HomeMy WebLinkAbout98-3180ZONING ORDINANCE - Zone Case No. 664 (3416 Olton Rd) Specific Use Permit ORDINANCE NO. 98-3180 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE A PRIVATE CLUB IN A GENERAL COMMERCIAL (C-3) ZONING DISTRICT, GENERALLY KNOWN AS 3416 OLTON ROAD, 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, Mike Shurbet has requested a Specific Use Permit to operate a Private Club in a General Commercial (C-3) Zoning District generally known as 3416 Olton Rd, Plainview, Hale County, Texas. WHEREAS, notice of a public hearing to discuss the issuance of said permit was published in the Plainview Daily Herald before the 15th day prior to the hearing date; and WHEREAS, said hearing was held in the Council Chambers of the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; 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, which was received by the City Council; and WHEREAS, it was determined by the City Council 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 issue in the manner hereinafter set forth in the body of this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Plainview, Texas that: SECTION I The request of Mike Shurbet for a Specific Use Permit to operate a Private Club in a Commercial General Business C-3 Zoning District, said parcel of land described as 40' x 300'-40' facing Hwy 70, Beg, 70'E Days Inn, Plainview, Hale County, Texas, and generally Page 1 of 3 located at 3416 Olton Rd. 1. The back door be used for loading and unloading and as an emergency exit only. The rear door be kept closed during hours the club is open, and door must be equipped with panic bar with alarm audible alarm mechanism. No deliveries be made after 5:00 p.m., with the exception of food catering after hours, Signs will be posted on the fence in the rear prohibiting parking. A gate with a fire escape latch be place on the rear fence and the double gate is to be kept locked. In compliance with seCtion 8:3.5 paragraph 4, subparagraph G, the City Council is to review this Specific Use Permit in 6 months to insure that all the stipulations set forth are folloWed. Fence shall be maintained and in good repair at all times during the use of this premises for the purposes contained in the original Application for Specific Use Permit. A Mercury Vapor or other equally suitable security lighting system shall be installed at the rear of the subject premises, so as to illuminate the subject area and thereby provide increased security to the adjoining property owners. The subject premises, and any common area incident or adjacent thereto, shall be maintained so as to reduce or eliminate litter, waste or unsightly accumulations of trash. SECT~N H 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. SECTI____ON III 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. Page 2 of 3 SECTION IV Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub-section, sentence, provision, clause, phra'se, or word severable therefrom and the same shall be deemed severable for this purpose. SECTION V This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED this the 28th day of July, 1998 Kar~n McBeth, City Secretary T: t~astro, D~r of~umty Development APPROVED AS TO FORM: Wally h~tc~t{ City Attorney Page 3 of 3