HomeMy WebLinkAbout26-3788 Ordinance - failed479
ORDINANCE FAILED ON SECOND READING ON JULY 28, 2026
ZONING ORDINANCE - Zoning Case P-26-05
ORDINANCE NO. 26-3788
AN ORDINANCE OF THE CITY OF PLAINVIEW GRANTING A SPECIAL
USE PERMIT ("SUP") TO OPERATE AN INDOOR AMUSEMENT
REDEMPTION GAME ROOM IN GENERAL COMMERCIAL ("GC")
ZONING DISTRICT AT 808 W 511 Street, PLAINVIEW, TEXAS
PURSUANT TO SECTIONS 14.04.003 AND 14.13.004 OF THE CODE OF
ORDINANCES, CITY OF PLAINVIEW, TEXAS; PROVIDING A PENALTY,
EFFECTIVE DATE, A SAVINGS CLAUSE, AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council for the City of Plainview, Texas has jurisdiction under
the constitution and laws of the State of Texas including, but not limited to, Article 11, Section
5 of the Texas Constitution as a home rule city and Texas Local Government Code Chapter
211, to set forth zoning ordinances and regulations for the public health, safety, morals, or
general welfare, for protecting and preserving places and areas of historical, cultural, or
architectural importance and significance and to promote a harmonious, convenient,
workable relationship among land uses; and
WHEREAS, the City Council of the City of Plainview, Texas has previously passed a
comprehensive zoning ordinance, as amended and codified in Plainview Code of
Ordinances Chapter 14, establishing, among other things, the zoning district boundaries,
including the ability to grant special use permits under certain circumstances; and
WHEREAS, the owner of the following described property (the "Property") has
requested a special use permit to operate a correctional institution in the General
Commercial ("GC") Zoning District:
808 W 5th Street, Plainview Texas, Business Personal Property; and
WHEREAS, the owner filed an application for a special use permit and has
completed the staff review process as required under §14.13.004(d) of the Plainview Code
of Ordinances; and
WHEREAS, after giving proper notice, the Planning and Zoning Commission
considered Case File No. P-26-05 and conducted a public hearing on the Property on May
28, 2026, to consider granting a special use permit, and, having determined that the request
met the criteria of §14.13.004 of the Plainview Code of Ordinances, at the conclusion of
such hearing voted to recommend to the City Council to grant the special use permit, with
conditions, as outlined herein; and
WHEREAS, following the recommendation of the Planning and Zoning Commission,
notice of the time and place of a public hearing on the proposal before the City Council; and
Ordinance No. 26-3788 Page 1 of 3
480 ORDINANCE FAILED ON SECOND READING ON JULY 28, 2026
WHEREAS, on July 23, 2026, the City Council of the City of Plainview conducted a
public hearing on the recommended special use permit at a regular council meeting, and all
interested persons were given an opportunity to speak on such recommendation; and
WHEREAS, the City Council of the City of Plainview finds that: the proposed special
use would operate or be designed in a manner that does not diminish the use or
functionality of surrounding properties; provisions for hours of operation, parking and
loading areas, driveways, lighting, signs, landscaping, buffering, and other site
improvements have been provided; adequate public services would be available without
the reduction of services to any existing uses; the proposed special use would incorporate
design features to sufficiently protect adjacent uses; and the proposed special use is
compatible with adjacent existing uses; and
WHEREAS, the City Council of the City of Plainview finds that issuance of a special
use permit would not be detrimental or injurious to the public health, safety or general
welfare, or otherwise offensive to the neighborhood, the City Council desires to issue the
proposed special use permit as set forth in the body of this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS,
HEREBY ORDAINS THAT:
SECTION 1. The recitals set forth above are hereby found to be true and correct and are
incorporated into the body of this Ordinance for all purposes as if fully set forth herein.
SECTION 2. A special use permit to operate a indoor amusement redemption game room
in the General Commercial ("GC") Zoning District at the Property is hereby GRANTED,
subject to the conditions set forth in this Ordinance.
SECTION 3. The Property must be maintained in a manner that meets all current
ordinances and regulations of the City of Plainview including, without limitation, all
ordinances and regulations that specifically apply to indoor amusement redemption game
rooms, and other requirements as listed in this article.
SECTION 4. The Property must provide parking at a ratio of one parking space for every
two amusement redemption machines; and one parking space per employee on duty.
Parking lot lighting shall be provided as per City of Plainview design standards for parking
lots. Windows must be uncovered and allow clear view of the interior of the facility from the
public way.
SECTION 5. The special use permit granted by this Ordinance shall terminate automatically
upon cessation of the specially permitted use (Indoor amusement redemption game room).
Should another tenant or owner wish to conduct the same specially permitted use at this
location, another special use permit must be granted as set forth in Section 14.13.004.
SECTION 6. Penalty. A violation of any provision of this Ordinance shall be deemed a
violation of a rule, ordinance, or police regulation that governs fire safety, zoning or public
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ORDINANCE FAILED ON SECOND READING ON JULY 28, 2026
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health and sanitation, punishable by a fine not to exceed $2,000 in accordance with
Section 1.01.009(c) of the Code of Ordinances of the City of Plainview, Texas.
SECTION 7. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing law.
SECTION 8. Savings. All other terms and provisions of the Code of Ordinances, City of
Plainview, Texas not in conflict herewith and not hereby amended shall remain in full force
and effect.
SECTION 9. Severability. Should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 10. Publication. The City Secretary of the City of Plainview is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
Passed and approved on first reading this 23rd day of July, 2026.
Passed and approved on second reading this 28th day of July. 2026.
ATTEST:
Belinda Hinojosa, City Secretary
APPROVED AS TO CONTENT:
Ted Chancellor, City Manager
APPROVED AS TO FORM:
Matthew A. Murray, City Attorney
Ordinance No. 26-3788
Charles Starnes, Mayor
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