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ZONING ORDINANCE-
Zone Case No. 750
Specific Use Permit Request
ORDINANCE NO. 04-3423
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF
PLAINVIEW BY ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE
A RESTAURANT/PRIVATE CLUB IN A GENERAL COMMERCIAL (C-3)
ZONING DISTRICT SAID PARCEL BEING LOT 2, BLOCK 1, WAL MART
SUPER CENTER ADDITION, SAME BEING 1517 NORTH INTERSTATE
27, CITY OF PLAINVIEW, HALE COUNTY, TEXAS; CUMULATIVENESS
CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; 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
WHEREAS, LuAron McCormick, Gerdes, Henrichson and Associates on behalf
of Brinker International has requested- a Specific Use Permit to operate a
Restaurant/Private Club in a General Commercial (C-3) Zoning District said Parcel
being Lot 2, Block 1, Wal Mart Super Center Addition, same being 1517 North Interstate
27, City of Plainview, Hale County, Texas; and
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, which was received by the City Council; and
WHEREAS, a hearing was held in the Council Chambers of the City Hall,
Plainview, Texas, at which time persons appeared in support of or against said
proposal; and
WHEREAS, it was determined by the City Council 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, 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 I.
The request of LuAron McCormick, Gerdes, Henrichson and Associates, on behalf of
Brinker International for a Specific Use Permit to operate a Restaurant/Private Club in a
General Commercial (C-3) Zoning District said parcel being Lot 2, Block 1, Wal Mart
Ordinance No. 04-3423
Zone Case No. 750 (1517 N 1 27)
Specific Use Permit Request
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233
Super Center Addition, same being 1517 North Interstate 27, City of Plainview, Hale
County, Texas is approved.
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.
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, sub-section, sentence,
provision, clause, phrase, or word severable there from and the same shall be deemed
severable for this purpose.
SECTION V.
This ordinance shall be of full force and effect upon its passage.
PASSED AND APPROVED on first reading this 13th day of July, 2004
PASSED AND APPROVED on second reading this 27th day of July, 2004.
APPROVED AS TO FORM:
Wal~ry ~t~TCity~~/
Ordinance No. 04-3423
Zone Case No, 750 (1517 N 1 27)
Specific Use Permit Request
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