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HomeMy WebLinkAbout98-3165ZONING ORDINANCE - Zone Case No. 655 (1001 W. 5TH ST.) Specific Use Permit ORDINANCE NO. 98-$165 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE AN ARCADE IN A R-2, RESIDENTIAL GENERALLY KNOWN AS 1001 W. 5TH 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, Roy Martinez has requested to be granted a specific use permit to locate an Arcade and Restaurant in a Commercial-3 District generally known as 1001 W. 5th; and 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 it would be in the best public interest to issue said specific use permit 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 Roy Martinez is hereby granted a Specific Use Permit to operate an arcade in a commercial-3 District, said parcel of land being AB500 Blk JK-2 SEC S40 out of NW/Pt of E/2 180'E of NW/C E/28.53 acres also known as 1001 W. 5th Street, Plainview, TX 79072. 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 to 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 28th day of April, 1998. Karen McBeth, City Secretary John Cbg~tro,'Di~. of~"ffi~mmunity Development APPROVED AS TO FORM: / Wally Hatch}o/City Attorney Page 2 of 2