HomeMy WebLinkAbout07-3484 ord50 ~f
ZONING ORDINANCE -ZONE CASE 800
ORDINANCE NO. 07-3484
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PLAINVIEW, TEXAS TO ALLOW AN ACCESSORY PASS-OUT
WINDOW AS AN INCIDENTAL USE TO A PRIVATE CLUB /
RESTAURANT; CUMULATIVE CLAUSE; CONFLICTS CLAUSE;
SEVERABILITY CLAUSE; AND EFFECTIVE DATE.
WHEREAS, Greg Blankenship, Ltd., property owner at 1108 North Interstate
Highway 27, Plainview, Texas, has applied for an Amendment to City Ordinance
8:3.5(4) regarding an accessory pass-out window as an incidental use to a private
club/restaurant in a Commercial Retail District (C-2) Zoning District, said parcel being
Lot 5, West End Addition, Unit 3, City of Plainview, Hale County, Texas same being
located at 1108 North Interstate Highway 27, Plainview, Texas; and
WHEREAS, the proposed amendment to the zoning ordinance, as hereinafter
made, has been duly presented to the Planning and Zoning Commission, and after the
public hearing, the Commission made its recommendation which was received by the
City Council; and
WHEREAS, the City Council held a public hearing in the Council Chambers of
City Hall, Plainview, Texas, at which time persons appeared in support of or against
said proposal; and
WHEREAS, the City of Plainview, Texas, by and through the City Council, has
the authority to govern and regulate whether private clubs/restaurants may operate an
accessory pass-out window as an incidental use as long as such use complies with
state law enforced by the Texas Alcoholic Beverage Commission; and
WHEREAS, the City Council of the City of Plainview, Texas desires to amend
such ordinance to allow private clubs/restaurants to operate an accessory pass-out
window as an incidental use as long as all alcoholic beverages are consumed on-
premises only, and the window is limited to food services in accordance with state law
enforced by the Texas Alcoholic Beverage Commission; and
WHEREAS, it was determined by the City Council that this action would not be
detrimental or injurious to the public health, safety or general welfare, or otherwise
offensive to the neighborhood, said amendment shall be in the manner hereinafter set
forth in the body of this Ordinance;
WHEREAS, the City Council has determined that changes should be made to the
requirements for private clubs/restaurants to operate an accessory pass-out window as
an incidental use as long as all alcoholic beverages are consumed on-premises only,
t ~;
Ordinance No. 07-3484 Pass-Through Window Private Club-Ordinance Page 1 of 3
50 5
and such window is limited to food services within the City of Plainview, Texas to
provide for the public health, safety, and general welfare of its citizens.
.,
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
SECTION I
The request of Greg Blankenship, Ltd., for an application to Amend City of
Plainview Ordinance 8:3.5(4) regarding an accessory pass-out window as an incidental
use to a private club/restaurant in a Commercial Retail District (C-2) Zoning District,
said parcel being Lot 5, West End Addition, Unit 3, City of Plainview, Hale County,
Texas same being located at 1108 North Interstate Highway 27, Plainview, Texas is
approved and amended as follows:
(1) Section 9:5. Retail and Service Type Uses
5.42e Restaurant/Private Club:
A rivate club/restaurant may rovide alcoholic beverages for on-
premises consumption only. As an incidental use, a rivate
club/restaurant may have accessory pass-out windows for delivery of
food to be consumed off-premises not on rp operty occupied k~ the
restaurant). See, PRIVATE CLUB/RESTAURANT (definition 2:27 of this
section).
(2) Section 8:3.5. Private Clubs
4. Operation Regulations
a. A private club or private club/restaurant may provide +~ide- °~~
alcoholic beverages for on-premises consumption only. No alcoholic
beverages may be sold for off-premises consumption through drive-in curb
service or drive through service as regulated ~ the Texas Alcoholic
Beverage Code. A rivate club/restaurant may have, as an incidental
use, accessory pass-out windows for delivery of food to be consumed off-
premises of the restaurant property.
SECTION II
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.
~i
Ordinance No. 07-3484 Pass-Through Window Private Club Ordinance Page 2 of 3
~J V ~Y
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, subsection,
sentence, provision, clause, phrase or word severable therefrom and the same shalt be
deemed severable for this purpose.
SECTION V
This Ordinance shall be in full force and effect upon its passage and publication
as required by law.
PASSED AND APPROVED on first reading this 14th day of August, 2007.
PASSED AND APPROVED on second reading
28th day of August, 2007.
C. Anderson,
ATTEST:
Belinda Hinojosa, City Sec ary
AP
TO
John Castro, Director of'~ommunity Services
APPROVED AS TO FORM:
Lesl' Spear ea ce, ity A orney
Ordinance No. 07-3484 Pass-Through Window Private Club Ordinance Page 3 of 3