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Home My WebLink About15-3629 ordZONING ORDINANCE - Zoning Case 856 ORDINANCE NO. 15-3629 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP AND SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE A RETAIL TIRE DEALERSHIP IN A COMMERCIAL RETAIL 2 ("C-2") ZONING DISTRICT, SAID PARCEL OF LAND BEING LOTS 3 AND 4, UNIT 2, WEST END ADDITION, THE SAME BEING 1100 N. 1-27, PLAINVIEW, HALE COUNTY, TEXAS; CUMULATIVENESS CLAUSE; SEVERABILITY CLAUSE; REPEALER; 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 in Section 5, the requisites for amending the Comprehensive Zoning Map of the City of Plainview, Texas ; and WHEREAS, the property owner has submitted an application for a Specific Use Permit to operate a retail tire dealership in a Commercial Retail 2 ("C-2") Zoning District located at Lots 3 and 4, Unit 2, West End Addition, the same being 1100 N. 1-27, Plainview, Hale County, Texas; and WHEREAS, the Planning and Zoning Commission of the City of Plainview, Texas, held a public hearing on said application on August 20, 2015, after written notice of such public hearing before the Planning and Zoning Commission on the proposed issuance of a Specific Use Permit for a retail tire dealership had been sent to real property owners with property lying within 200 feet of the property on which the proposed Permit would issue, and said Notice was properly given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Rolls; and WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Plainview, Texas recommended to the Plainview City Council that said Comprehensive Zoning Ordinance and Map be amended to allow a Specific Use Permit issue for a retail tire dealership in a Commercial Retail 2 ("C-2") Zoning District as set forth herein, and further found that the land use is in general conformance with the Comprehensive Plan and contains requirements and safeguards necessary to protect adjoining property owners; and Ordinance No. 15-3629 SUP —1100 N.1-27 Page 1 of 5 361 362 WHEREAS, proper notice was further given of a public hearing to be held by the Plainview City Council in the Council Chambers at City Hall on October 13, 2015 at 7:00 p.m. to consider the amendment of the Comprehensive Zoning Ordinance and Map recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have opportunity to be heard, such Notice of this time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Plainview Herald, Plainview, Texas, a newspaper of general circulation in such municipality; and WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matters of the Specific Use Permit, and the Plainview City Council, being informed as to the location and nature of the use proposed on said property, as well as the nature and usability of surrounding property, determined that the property in question should be issued the Specific Use Permit as requested and the Comprehensive Zoning Ordinance and Map be amended to allow a Specific Use Permit issue for a retail tire dealership in a Commercial Retail 2 ("C-2") Zoning District as set forth herein, since its provisions are in the best interests of the public and will promote the health, safety and welfare of the community; and WHEREAS, the Plainview City Council further found that the 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, and said Specific Use Permit shall issue in the manner hereinafter set forth in the body of this Ordinance. NOW, THEREFORE, The City of Plainview Hereby Ordains that: SECTION 1 Ordinance Number 89-2798, known as the City of Plainview Zoning Ordinance, shows the locations and boundaries of certain districts, and said Comprehensive Zoning Ordinance and Map is hereby amended so as to grant the request of William S. Strain for a Specific Use Permit to operate a retail tire dealership in a Commercial Retail 2 (C-2) Zoning District, said parcel of land being Lots 3 & 4, Unit No. 2, West End Addition, the same being 1100 N. 1-27, Plainview, Hale County, Texas, with specific stipulations as hereinafter stated. SECTION 11 Such permit shall be revoked, modified, or suspended for the following reasons: (1) A violation of the City of Plainview Ordinances as well as any State, and/or federal laws or regulations. (2) Permit obtained by fraud. (3) Means of ingress and egress not approved by City staff. Ordinance No. 15-3629 SUP —1100 N.1-27 Page 2 of 5 (4) All structures upon this land shall only be one story. (5) Land used for other purposes than to operate a retail tire dealership in a Commercial Retail 2 (C-2) Zoning District. (6) Permanent outside storage of used tires for a period to exceed a fifteen (15) day holding period for tire collection. (7) Street parking and paving not in accordance with the City of Plainview Zoning Ordinance. (8) All planting, screening, and landscaping not provided in accordance with the City of Plainview Zoning Ordinance. (9) A privacy fence between providing separation between the business and residential properties shall remain allowing a fifteen foot setback. Absent the privacy fence, a twenty-five foot setback is required. (10) All signs and billboards erected not on the West side of the property. (11) The main entrance and exit of the business not being at the Interstate access road. (12) The East, North, and South sides of the property not fenced with at least an eight foot (8') opaque fence with final approval by the City Building Inspector. The North and South fencing on the property shall be from the alley West to at least 150 feet or to the building wall. (13) Outdoor paging or sound system not allowed. (14) Exterior lights directed away from residences to the East and toward the center of the property. (15) Waste and trash not kept inside the fenced area or in City approved trash receptacles and viewable from the residences to the East. The alley to the East not being kept reasonably clean and mowed. (16) Regular hours of business operation not outside 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. The business may perform inside repairs outside the regular business hours in an emergency. (17) Use permitted exercised so as to be detrimental to the public health, safety, or welfare or as to constitute a nuisance. SECTION III Such rights and privileges under this permit shall terminate at such time any interruption or cessation of the use granted by this Specific Use Permit occurs for a period of one (1) year or more. SECTION IV The Chief of Police, Code Enforcement Officer, and Fire Marshall shall be permitted to inspect the premises at any reasonable time during normal business hours to ensure compliance with all provisions of local, state, and federal laws. Inspection of such premises Ordinance No. 15-3629 SUP —1100 N.1-27 Page 3 of 5 363 364 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 V The purpose of this Ordinance is to protect the public interest and provide for the public safety and welfare. The issuance of this Specific Use Permit shall not constitute a guarantee or warranty that the operation of such structure and property as a retail tire dealership is safe and free of defects. SECTION VI 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 VII 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 VIII All ordinances or parts of ordinances inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated herein. SECTION IX 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 13th day of October, 2015. PASSED AND APPROVED on second reading this 22nd day of October, 2015. Ordinance No. 15-3629 Wende Dunlap, Mayor SUP —1100 N. 1-27 Page 4 of 5 Belinda HinojosC�rfy Secretary APPROVED AS TO CONTENT: a 4 Andrew Freeman, Assistant City Manager APPROVED AS TO FORM: gyp'& J �,}-- Leslie Spear ch idt, Cit Attorney Ordinance No. 15-3629 SUP —1100 N.1-27 Page 5 of 5 365