HomeMy WebLinkAbout23-3747 OrdinanceZONING ORDINANCE - Zone Case P-23-08
ORDINANCE NO. 23-3747
AN ORDINANCE OF THE CITY OF PLAINVIEW GRANTING A SPECIAL
USE PERMIT TO OPERATE A BOARDING KENNEL IN COMMERCIAL
RETAIL (GC) ZONING DISTRICT AT UNIT 2, LOT 2 OF THE HAILEY
ADDITION, PLAINVIEW, TEXAS LOCATED AT 1001 WEST 5T" STREET,
PLAINVIEW, TEXAS PURSUANT §14.13.004 THE CODE OF
ORDINANCES; PROVIDING FOR A PENALTY OF UP TO $2,000.00 FOR
VIOLATIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING A
SAVINGS 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
Ordinance 19-3690, 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, Katherin Ssejjemba, acting agent and representative for the owner,
James R. Odom, ("Applicant") has requested a Special Use Permit to operate Merit Kennels,
an animal boarding kennel, in the Commercial Retail (GC) Zoning District, said parcel being
Unit 2, Lot 2 of the Hartley Addition, City of Plainview, Hale County, Texas; same being 1001
West 5th Street; and
WHEREAS, the Applicant owner filed an application for a special use permit and has
completed the staff review process as required under §14.13.004(c) of the Plainview Code
of Ordinances; and
WHEREAS, after giving proper notice the Planning and Zoning Commission
conducted a public hearing on the respective property on May 25, 2023, to consider the
Applicant's request for a special use permit and having determined that it 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 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 was
published in the Plainview Daily Herald at least fifteen (15) days prior to the date of the public
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hearing in accordance with §211.006(a) of the Texas Local Government Code; and
WHEREAS, on June 13, 2023, the City Council of the City of Plainview conducted a
public hearing on this property regarding the recommended zoning change at a regular
council meeting and all interested persons were given an opportunity to speak on such
recommendation; and
WHEREAS, the City Council determined that issuance of the Special Use Permit
would not be detrimental or injurious to the public health, safety or general welfare, or
otherwise offensive to the neighborhood, said Special Use Permit shall issue in the
manner hereinafter set forth in the body of this Ordinance;
NOW, THEREFORE, 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. The application of Katherine Ssejjemba for a Special Use Permit to operate
Merit Kennels in the Commercial Retail (GC) Zoning District, said parcel being Unit 2, Lot 2
of the Hartley Addition, City of Plainview, Hale County, Texas; same being 1001 W. 5th Street
is approved.
SECTION 3. Katherine Ssejjemba must maintain the facility 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 animal kennels, and other requirements
as listed in this article.
SECTION 4. All animals kept of boarded by Merit Kennels must be kept primarily inside
except for exercise time. Exercise time shall be permitted only between the hours of 7:00
a.m. and 10:00 p.m. and must be conducted only in a secured enclosure located on the
premises.
SECTION 5. When animals are not in the direct control or supervision of an attendant, all
animals should remain in a secure kennel.
SECTION 6. All Kennels and outside exercise areas should be cleaned twice daily to
remove any animal and prevent the creation of any nuisance including reducing any
unpleasant odors.
SECTION 7. Any animal producing excessive noise while being exercised shall be moved
indoors upon the own volition of a supervisor or upon the request of the city code compliance
personnel based on complaints received by neighboring businesses.
SECTION 8. A violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable in accordance with Section 1.01.009 of the Code of Ordinances
of the City of Plainview, Texas.
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SECTION 9. This ordinance shall take effect immediately from and after its passage and
publication as may be required by governing law.
SECTION 10. 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 11. 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 12. 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 13th day of June, 2023.
Passed and approved on second reading this 27th day of )une 2023.
Charles S#arnesj Mayor
A ST:
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Belinda Hinoj , City Secretary
APPROV AST CONTENT:
Jeff rey-94pll,ity Manager
APPROVED AS TO FORM:
Matt de, City Attorney
Ordinance No. 23-3747 Zoning Ordinance — Case 23-08
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