HomeMy WebLinkAbout14-3606 ordZONING ORDINANCE - Zone Case 848
ORDINANCE NO. 14 -3606
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW BY ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE
A CUSTOM PERSONAL SERVICE SHOP (BEAUTY SALON) IN AN
OFFICE ("0") ZONING DISTRICT, SAID PARCEL BEING LOTS 7 AND 8
OF BLOCK 91 IN THE ALEXANDER- WESTMORELAND ADDITION;
SAME BEING 701 HOUSTON STREET, CITY OF 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, Kimberli McClendon has requested a Specific Use Permit to operate
a Custom Personal Service Shop (Beauty Salon) in an Office ("0") Zoning District, said
parcel being Lots 7 and 8 of Block 91 in the Alexander - Westmoreland Addition; same
being 701 Houston 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
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 issue in the
manner hereinafter set forth in the body of this Ordinance.
Ordinance No. 14 -3606
ZC848 —SUP 701 Houston Page 1 of 3
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SECTION I
The request of Kimberli McClendon for a Specific Use Permit to operate a Custom
Personal Service Shop (Beauty Salon) in an Office ("0") Zoning District, said parcel being
Lots 7 and 8 of Block 91 in the Alexander - Westmoreland Addition; same being 701
Houston Street, City of Plainview, Hale County, Texas is approved.
SECTION II
The purpose of this ordinance is to protect the public safety and welfare. The
issuance of this Specific Use Permit requires said Custom Personal Service Shop
(Beauty Salon) business operation to be in compliance with local, state, and federal laws
of the United States.
Section III
The Chief of Police, Building Official, and 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.
Inspection 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
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
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VI
NOW, THEREFORE, The City of Plainview Hereby Ordains That:
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.
Ordinance No. 14 -3606
ZC848 —SUP 701 Houston Page 2 of 3
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 14 day of January, 2014.
PASSED AND APPROVED on second reading this 28 day of January, 2014.
ATTEST:
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Belinda Hinojosa, City Sec tary
APPROVED AS TO CONTENT:
Jeffrey 4yd ssistant City Manager
APPROVED AS TO FORM:
Leslie Spear Pearce, City Attorney
Ordinance No. 14 -3606
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Wendell Dunlap, Mayor
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