HomeMy WebLinkAbout13-3604 ordZONING ORDINANCE - Zone Case 846
ORDINANCE NO. 13 -3604
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, TEXAS BY ISSUANCE OF A SPECIFIC USE PERMIT TO
OPERATE AN ARCADE IN A COMMERCIAL RETAIL (C -2) ZONING
DISTRICT, SAID PARCEL BEING UNIT 2, LOT 2 OF THE HARTLEY
SUBDIVISION, CITY OF PLAINVIEW, HALE COUNTY, TEXAS, SAME
BEING 1001 WEST 5 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, Danny Davidson, acting agent and representative for the owner,
James R. Odom, has requested a Specific Use Permit to operate Mr. D's Amusements
Arcade in the Commercial Retail (C -2) Zoning District, said parcel being Unit 2, Lot 2 of
the Hartley Subdivision, City of Plainview, Hale County, Texas, same being 1001 West 5th
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
Comprehensive 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 the City Hall, Plainview, Texas; and
WHEREAS, the City Council determined that such Specific Use Permit is in
general conformance with the Comprehensive 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 Comprehensive 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. 13 -3604
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SECTION 1
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
The request of Danny Davidson, acting agent and representative for the owner,
James R. Odom, for a Specific Use Permit to operate Mr. D's Amusements Arcade in the
Commercial Retail (C -2) Zoning District, said parcel being Unit 2, Lot 2 of the Hartley
Subdivision, City of Plainview, Hale County, Texas, same being 1001 W. 5 Street, is
approved with the stipulations listed below:
1. All equipment used to operate such Arcade shall be maintained in a good
condition, safe for the purpose for which it is intended; and
2. The Chief of Police, the Chief Building Official, and the Fire Marshall shall
be permitted to inspect the establishment, the equipment and the premises at any
reasonable time during normal business hours to ensure compliance with all City
of Plainview Ordinances; and
SECTION it
The issuance of this Specific Use Permit is for the purpose of protecting the public
safety and welfare of the City's citizens. a
SECTION III
Inspection of such premises shall be allowed as often as necessary to insure
compliance with the provisions of this permit. If such provisions of this permit are
violated, then the City Council shall have the right to revoke this Specific Use Permit.
SECTION IV
3. Operator Danny Davidson shall maintain an active State of Texas Coin
Operated Machine Registration Certificate at all times and be able to produce it
upon inspection.
4. The business operation must be in compliance with local, state, and federal
laws of the United States at all times.
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 V
All ordinances or portions of any ordinance of the City of Plainview, Texas in
Ordinance No. 13 -3604
ZC 846 — 1001 W. 5 Page 2 of 3
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VI
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 VII
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 10 day of December,2013.
PASSED AND APPROVED on second reading this 19 day of December, 2013.
ATT ST:
//
Belinda Hinojosa, City Secr a
APPROVED AS TO CONTENT:
Jeffrey - �'ssistant City Manager
APPROVED AS TO FORM:
Leslie Spear Pearc• , City Attorney
Ordinance No. 13 -3604
Wendell ' un ap, ayor
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