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ORDINANCE NO. 98-81 <br /> AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN <br /> ACCORDANCE WITH SECTION 48 OF ORDINANCE <br /> NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE <br /> OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO <br /> KNOWN AS APPENDIX "D" OF THE CITY CODE, BY: (1) <br /> GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF <br /> SECTION 47E.2 PURSUANT TO SECTION 47F OF <br /> ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL USE <br /> PERMIT CU98-30 TO ALLOW OUTSIDE DINING IN <br /> CONJUNCTION WITH A DRIVE-IN RESTAURANT IN A <br /> DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT <br /> REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN <br /> APPROVED PURSUANT TO SECTION 47 OF ORDINANCE <br /> NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS <br /> AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE <br /> OFFICIAL ZONING MAP; PRESERVING ALL OTHER <br /> PORTIONS OF THE ZONING ORDINANCE; PROVIDING A <br /> CLAUSE RELATING TO SEVERABILITY; DETERMINING <br /> THAT THE PUBLIC INTERESTS, MORALS AND GENERAL <br /> WELFARE DEMAND THE ISSUANCE OF THIS <br /> CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT <br /> TO EXCEED THE SUM OF TWO THOUSAND DOLLARS <br /> ($2,000.00) AND A SEPARATE OFFENSE SHALL BE <br /> DEEMED COMMITTED UPON EACH DAY DURING OR ON <br /> WHICH A VIOLATION OCCURS; DECLARING AN <br /> EMERGENCY AND PROVIDING AN EFFECTIVE DATE <br /> WHEREAS, an application was made requesting issuance of a conditional use <br /> permit by making applications for same with the Planning &Zoning Commission of the City <br /> of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City <br /> of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having <br /> been compfied with, the case having come before the City Council of the City of Grapevine, <br /> Texas, after all legal notices requirements, conditions and prerequisites having been <br /> complied with; and <br /> WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing <br /> called by the City Council did consider the following factors in making a determination as <br /> to whether this requested conditional use permit should be granted or denied: safety of the <br /> `�'�� motoring public and the pedestrians using the facilities in the area immediately surrounding <br /> the site; safety from fire hazards and measures for fire control; protection of adjacent <br /> property from flood or water damages, noise producing elements, and glare of the <br />