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ZONING ORDINANCE - Zone Case 795
Indoor Batting Cages
ORDINANCE NO. 07-3480
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW, BY ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE
A COMMERCIAL AMUSEMENT CENTER (INDOOR BATTING CAGES) IN
A CENTRAL BUSINESS (CB) ZONING DISTRICT, SAID PARCEL BEING
BLOCK 17, LOTS 12 AND 13, ORIGINAL TOWN, CITY OF PLAINVIEW,
HALE COUNTY, TEXAS SAME BEING LOCATED AT 624 ASH STREET;
CUMULATIVE CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE;
AND EFFECTIVE DATE.
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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, Peter Vera, acting agent and representative for the owner, Drury
Roberts, has requested a Specific Use Permit to operate a Commercial Amusement
Center (Indoor Batting Cages) in a Central Business (CB) Zoning District, said parcel
being Block 17, Lots 12 and 13, Original Town, City of Plainview, Hale County, Texas
same being located at 624 Ash Street.
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 Master
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 Master 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 Master Plan for the City of
Plainview, ~~ exas; 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, and said Specific Use Permit should be issued
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in the manner hereinafter set forth in the body of this Ordinance.
NOW, THEREFORE, the City of Plainview hereby ordains that:
SECTION I
The request of Peter Vera, acting agent and representative for the owner, Drury
Roberts, for a Specific Use Permit to operate a Commercial Amusement Center (Indoor
Batting Cages) in a Central Business (CB) Zoning District, said parcel being Block 17,
Lots 12 and 13, Original Town, City of Plainview, Hale County, Texas same being located
at 624 Ash Street, is approved with the following conditions:
(1) All batting equipment shall be maintained in good condition, safe for the
purpose for which it is intended.
(2) Proof of a certificate of general liability insurance coverage in the amount of
one million dollars ($1,000,000.00) for injury to any one person will be shown to
the City of Plainview before operating such batting cage business. Said
insurance shall cover any damages arising out of the use and operation of any
and all devices and facilities operated in connection with such batting cage
business.
SECTION II
The Police Chief and/or his/her designee shall inspect such batting cage business
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 III
The purpose of this ordinance is to protect the public interest and ~to reduce
dangers to the public. The issuance of this Specific Use ,Permit shall not constitute a
guarantee or warranty that the equipment and operation of such batting age business is
safe and free of defects.
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. J
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.
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SECTION VI
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 there from and the same shall be
deemed severable for this purpose.
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 22nd day of May, 2007.
PASSED AND APPROVED on second reading this 12th day of June, 2007.
C.
hn C. Anderson,
ATTEST:
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Belinda Fiinojosa, City Sec tary
APP D S CONTE
Joh Castro, Community Services Director
APPROVED AS TO FORM:
'Leslie pear earc ,City Attorney
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