HomeMy WebLinkAbout90-2843ZONE CASE 568 - SPECIFIC USE PER~IT
ORDINANCE NO. 90-2843
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 89-2798
AND THE OFFICIAL ZONING MAP OF THE CITY OF PLAINVIEW
SO AS TO MAKE THE FOLLOWING CHANGES.
ZONE CASE NO. 568:
Request of J.C. Funderburk, for a Specific Use Permit - Club
Serving Alcoholic Beverages in a C-3 (Commercial General Business)
Zoning District, for commercial uses and located at 1301 S. 1-27
and described as follows:
Tract No. 1: An 8.06 acres tract out of the Northwest part of
Section 57, Block A-l, Hale County, Texas:
Beginning at a steel rOd in the West line and 658.0 feet South of
the N.W. Corner of Section 57, Block A-i, Hale County, Texas;
Thence South, along the West line. of Section 57, 388.5 feet to a
steel rod;
Thence S89°55'E 912.61 feet to a steel rod;
Thence N2°34'W, 388.9 feet to a steel rod;
Thence N89°55'W, 895.25 feet to the place of beginning and
containing 8.06 acres.
Tract No. 2: A 0.628 acre tract out of Section 29, Block JK-2,
Hale County, Texas:
Beginning at a point in the East line and 661.5 feet South of the
N.E. corner of 134.4 acre tract described in Volume 162, Page 537,
Deed Records of Hale County, Texas, the N.E. corner of said 134.4
acre tract being N03o30'E, 1,041.0 varas and North 707.0 varas
from the S.W. corner of Section 29, Block JK-2, Hale County,
Texas;
Thence South, Along the West line of Section 57, Block A-1 385.0
feet to a steel rod;
Thence N89o55W, 55.87 feet to a steel rod;
Thence N4°31'30"W, along the East right-of-way line of U.S.
Highway No. 87, 386.25 feet to a 2 inch pipe;
Thence S89°55'E, 86.34 feet to the place of beginning and
containing 0.628 acres.
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WHEREAS, the proposed Specific Use Permit as hereinafter made
has been duly presented to the Planning and Zoning Commission for
its recommendation which was received by the City Council and
after due consideration, the-City Council of the City of Plainview
finds that for the orderly growth of the City making the proposed
change is hereinafter set out will be in the public interest which
creates an emergency; and
WHEREAS, all conditions precedent required by law for a valid
amendment to the Zoning Ordinance and Map, have been fully
complied with, as well as giving notices provided by Article 1011F
Vernon's annotated Civil Statutes Amended, 1953, and notice was
duly published in the Plainview Daily Herald more than fifteen
(15) days prior to the date of the Public Hearing according to
said notice was duly held in the City Council room of the City
Hall, Plainview, Texas, at which time persons appeared in support
of the proposal; and after said hearing, it was by the City
Council determined that it would be in the public interest ~due to
changed conditions, that the Zoning Ordinance and the Zoning Map
be amended in the manner hereinafter set forth in the body of the
Ordinance.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City
of Plainview:
SECTION 1. That Ordinance No. 89-2798 and the Official Zoning
Map be and the same are hereby amended as follows, to wit:
ZONE CASE NO. 568:
Request of J.C. Funderburk, for a Specific Use Permit - Club
Serving Alcoholic Beverages in a C-3 (Commercial General Business)
Zoning District, for commercial uses and located at 1301 S. 1-27
and described as follows:
Tract No. 1: An 8.06 acres tract out of the Northwest part of
Section 57, Block A-l, Hale County, Texas:
Beginning at a steel rod in the West line and 658.0 feet South of
the N.W. Corner of Section 57, Block A-l, Hale County, Texas;
Thence South, along the West line of Section 57, 388.5 feet to a
steel rod;
Thence S89°55'E 912.61 feet to a steel rod;
Thence N2°34'W, 388.9 feet to a steel rod;
Thence N89°55'W, 895.25 feet to the place of beginning and
containing 8.06 acres.
Tract No. 2: A 0.628 acre tract out of Section 29, Block JK-2,
Hale County, Texas:
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Beginning at a point in the East line and 661.5 feet South of the
N.E. corner of 134.4 acre tract described in Volume 162, Page 537,
Deed Records of Hale County, Texas, the N.E. corner of said 134.4
acre tract being N03°30'E, 1,041.0 varas and North 707.0 varas
from the S.W. corner of Section 29, Block JK-2, Hale County,
Texas;
Thence South, Along the West line of Section 57, Block A-I, 385.0
feet to a steel rod;
Thence N89°55W, 55.87 feet to a steel rod;
Thence N4°31'30"W, along the East right-of-way line of U.S.
Highway No. 87, 386.25 feet to a 2 inch pipe;
Thence S89o55'E, 86.34
containing 0.628 acres.
feet
to the place of beginning and
From the date of this Ordinance, sa~d lot, tract and parcel of
land described shall be and hereby be changed to indicate a
Specific Use Permit subject to the following conditions; and
1. That a wood fence be constructed along the South property
line of the property beginning at ithe West property line and
running to the East approximately fifty (50) feet past the East
wall of the Club or to a point in line with the pump house on the
property. The wood fence shall be a iminimum of three (3) feet in
height from the West property line to the West wall of the Club.
The remainder of the wood fence shall be a minimum of 6 feet in
height. A six (6) foot chain lin~ or cyclone fence shall be
constructed perpendicular to the South property line beginning at
the East end of the wood fence running past the pump house to a
point past the North edge of the main entry drive of the property.
The purpose of the fencing being to discourage vehicle and
pedestrian traffic from the East and South of the Club. The
approximate location of fencing is noted on Exhibit "A" attached
hereto and incorporate by reference herein.
2. That panic-bar equipped doors be installed and utilized at
the rear exits of the Club and the doors shall be kept closed
during business hours of the Club.
3. That one (1) commissioned security guard shall be provided
by Applicant and present at all timeS during the Club's business
hours.
4. That a minimum of five (5) Outside security lights, be
placed upon the property at approximate location designated on the
Site Plan, attached hereto and incorporated by reference herein
and marked as Exhibit "A".
5. That the property be cleaned of trash and debris daily.
6. That outdoor signage be restricted to two (2) faced 4 foot,
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by 8 foot painted and lighted sign, on an existing pole, on the
West side of the property, with no flashing lights or arrows
permitted. The approximate location of the sign is noted on
Exhibit "A" attached hereto and incorporated by reference herein.
It is expressly provided that the Permit is granted subject to the
above conditions and Applicant's abiding thereby. Failure to
comply may result in revocation of the Permit by the City Council
and a reversion of the property's zoning status to C-3.
The Official Map is amended in accordance herewith.
SECTION 2. A notice that a public hearing shall be held in the
Council Chambers in the City Hall in Plainview, Texas, at 7:30
P.M. on the 9th day of October, 1990, to permit the public to be
heard prior to consideration of this Ordinance was published in
the Plainview Daily Herald, a daily newspaper of general
circulation in the City of Plainview, Texas, said publication
being more than fifteen (15) days prior to the time designed for
said hearing.
Introduced and Public Hearing held on 9th day of October,
1990.
Passed and Approved this 23rd day of October, 1990.
ATTEST:
E.V. Ridlehuber, Mayor
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
James A. Sewell, Zoning Adminstrator
APPROVED AS TO FORM:
David Blackburn, City Attorney
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