HomeMy WebLinkAbout98-3167ZONING ORDINANCE - Zone Case No. 659 (3420 Olton Road)
Specific Use Permit
ORDINANCE NO. 98-3167
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A
SPECIFIC USE PERMIT TO ALLOW FOR A PRIVATE
CLUB IN A COMMERCIAL GENERAL BUSINESS (C-3)
ZONING DISTRICT, GENERALLY KNOWN AS 3420
OLTON ROAD; 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, Eric Brandenburg has requested a Specific Use Permit to operate a private
club in a Commercial General Business (C-3) Zoning District, generally known as 3420 Olton
Road, Plainview, TX.
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 t° 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
hereina~er 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
Zone Case # 659
The request of Eric Brandenberg, for a Specific Use Permit, to operate a Private
Club in a Commercial General BuSiness (C-3) Zoning District, said parcel of land being
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AB 1472 Blk JK-2 Sec 28 out of NE/4 31'x300 FAC Hwy E of Congress Inn, City of
Plainview, Hale County, Texas same being 3420 OIton Road, and shall also include the
folloWing;
1. The rear door shall be kept closed during hours the club is open and no music
shall be piped to the outside.
2. No deliveries be made after 5:00 p.m.
3. Signs will be posted on the fence in the rear prohibiting parking in the
alley.
4. Fence shall be maintained and in good repair at all times during the use of these
premises for the purposes contained in the original Application for Specific Use Permit.
5. 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.
6. 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.
SECTION 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.
SECTION III
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith,
are hereby amended t° conform with the provisions hereof.
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,
phrase, 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 9th day of June, 1998.
Karen McBeth, (~ity Secretary
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APPROVED AS TO FORM:
Wally Hat~h, ~ity Attorney
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