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Alp .. ...... , Af vw 1 ORDINANCE NO. 97-1 1 5 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU97-49 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 91-46 TO EXPAND THE SEATING AREA OF ROMANO'S MACARONI GRILL IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS WITH A CONDITIONAL USE PERMIT FOR A PLANNED COMMERCIAL CENTER WITH THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the ' conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and ORD. NO. 97-1> 5 2 WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and • in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, an is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That pursuant to Section 47F of Ordinance No. 82-73, as amended, the City Council hereby grants a waiver to the specific requirements of Section 47E.2 of Ordinance No. 82-73, as amended. Section 2. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code, by granting Conditional Use Permit No. CU97-49 to amend the site plan approved by Ordinance No. 91-46 to expand Romano's Macaroni Grill seating area by 730 square feet in a district zoned "HC" Highway Commercial District Regulations with a conditional use permit for a planned commercial center with the possession, storage, retail sale and on - premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant within the following described property: 700 State Highway 114 West (Lot 5R-B1, Hayley Addition) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 3. The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 4. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 5. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate ORD. NO. 97-1> 5 3 provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 6. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 7. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 8. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21 st day of October , 1997. APPROVED: Ted R. Ware Mayor Pro Tem ORD. NO. 97-1> 5 4 ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 97-1 1 5 5 EXHIBIT TO S A 'Ivr PROJSCf DATA �..� •iy �•��. aj•'a'C.iM«""-.e,_,�_ iw wai".""i. Mies Wrrwf�. •• -. a4•• a• � i•r raa .rp r.r...w w . a.•• lJrl rRq I�I. •iil, � 'ra.. ! �ww 11-t /14M w Y.• t 1 a ►- 6w!{N) R►y,) +f _ • �� V � ® R-f a .N yfA�m asori•.�!' !o y r� ras i.wwp.. i y � /`i• j � '. _ •� 7 : �'� � '�'1.� ura w-.ar•I: u•Tir r`•� r• 18 �' � �iM.•7U . =o• P r-A 12.a.. u,• Ir tin t • •� e �� �� t � bw j6 r R� rnicar u •caal.r»t n. m I.i.:r I��swuw.�ais � � • =fit , ` ` / ` �� •...,..nn ne..la. e. u. s.-...u.....w.. - .........• ,.per '~ ' 4y�•r '8FA N F N �i1M a - L i.a. ar•a.. � - .� v.w.0 pl m •DlYI1apMETf ".&L00. r' •t••we. r•. I .. vicwrrr ru p r.cey rr•» .aa aaa r.a., a,aa•r ...o a -rawest ._.. ,,...r,R,.• s �aewua tiu•..s�•ta�.ur..o.•.cow....),�a.n...aw•err.N.w)nwr w.w u w �h,,�,v,}�•� .«arao r,.aMlM.rt .wtu•i a+nitlW �nU i1 iiFaS'ia"'n'�i''»G:"e+ r.s.wu Inc rc..w �a •nr•�� a.. rw1 rOa1r� w L•1•, 114N, N w:•rPrV4M OF 411awlre Afw vu• M wu —tb N• muop oo •rues her lb 9 L %IM wI-blwog �-.1% 0". •ro Ir,•..ao. MA. 1!•wTaa ,who I� uv6 w». N •a.ar•) •ran atlwRsnus +e ►w,p •h •lwe,ta a.a n.h r!R • tir»•o ce..wcw.� o»nc 4lYOfG/1NYlAbNN /l fMRRrIErrAt.'Fr!lR In GrrMLlO [4dfrJ/e /Vas MASTER D N M-& i K Cr T Or GRAPEVINE TARRANT COUNTY, TEXAS L•R•y IR'rR•, •n,. IKih E,a[.K I,WLC/ M:+.rjWN- G•G YUMeEh• GUTS-C rWY t19y•1'1 PLANNED COMMERCIAL DEVELOPMEN GRAPH M,TWU - :4d4 A BAI.I. SPRF.LrP ALE: z' .o d .g annwt YIi. i el N'IaaO IO/LL w. - ry i ..r +�Sd' j r ��� a f I� ®- wnPn w•n. u. a.✓ , t • ram••» fYM•r/Yr(raa W)Y •w rrrr raw •wll i see..r www. n• rr, r j'� Ir •x•1.IYA,.r.r TIA'S•ar J d'•r'�wrr•+a,ou Y•,.a.wrww..rw.rw r r•rr+a rrww, nr• '.W r�•I.rr wrw••• M "r :: '.0 .°rm•uw�i.'� +.al+Ya....... »r, .r ••..«+r. r Y.w w r.r •n.++la+�,. • rs..�. r.a..., rrr.•• w r �- � , •..�nu r�sM.. � i.,irw,..r ..r.. r :"i Ahn+nllw: A I I�E{u."Trr. r. t ••r I rMv lrTr tewc,L AT •iC11a1M ' I r...w�, w •w.,wr,....,e..r. r EXHIBIT S tm LIMIT OF WORK I EXI TIN D OAK T BE REMOVED STORED AND REPLACED (13) 5 GAL. INDIAN HAWTHORN 1250) 4' POTS ASIAN JASMINE LAWM SOLID SOD BERM SS 14) 5 GAL. DWARF BURFORD HOLL (3) 8' HT. CREPE MYRTLE fli 131 7 GAL NELLIE R STEVENS HOLLY 11) 8' HT CREPE MYRTLE IWHITEI I 18) 5 GAL. DWARF BURFORD HOLLY (51 7 GAL. NELLIE R STEVENS HOLLY 15I 5 GAL. INDIAN HAWTHORN EMSTING Dii ROMANO'S ROOM exRsmsloe MACARONI GRILL rso sass 29'-0- ONE STORY BLDG 7. 140 SI FT FF 638.00 161 5 GAL. BURFORD HOLLY 15) 5 GAL, INDIAN HAWTHORN 4 —140) 4- POTS ASIAN JASMINE ASIAN JASMINE BRINKER INTERNATIONAL SPECIFICATIONS All work shall be laid out by Landscape Contractor for Owner approval prior to start. All material shall be subject to Owner approval. Written approval is required by Owner for any change&. Landscape Contractor to provide daily cleanup and mainonanco through completion. The Landscape Contractor shall take all n.ceeary precautions to protect any existing building. or at on the site and shall be In reepon.ibl• for any aI. .....d by his work. Guarantee: All material and labor for (121 twelve month* after acceptance of project for material either dead or not In healthy condition. Contractor shall wait or all material during period of project. It shall be the Landscape Contractor's responsibility to prevent Plante from falling or being blown over and to straighten or replant all Plante which or. damaged due to a lack of guying or staking if unataked. Plante blown over by wi d Shall cause additional e.Pon.. to the Owner but be the financial rorpon&ibility of the Land. cap. Contractor. Landscape Contractor shall not be responsible at any time to replace or honor any warranty for the lose of any troe. plants. group lcovor. or sod due to free, floods. freezing temperatures. lightening. winds in excess of 50 mph. or any other natural disaster. Nor shot] th• Contractor be held responsible for act& of vandalism or negligence on the part of the Owner. Unless otherwise specified on those plane. the Landscape Contractor *hall be only responsible for the fine grading9 of the planting or any sodded areas. Fine grading shall consist of the final 10 foot of the grade fo be achieved. Topsoil material. when called for on the plane. shall be free from hard clod.. stiff clay, hard pan. Stone* Icrgor than 1' dlamotor, noxioua woods and plants, sod. partially disintegrated dobri.. Insects or any othor undesirable material. plant,, or eo.da that would be toxic or harmful to proper growth. The Landscape Contractor 10 advised of the existence of underground utilities on the site. Their exact location shall be vorifi.d in the fioltl with the Owner or the General Contractor prior to the commencement of any digging operation*. In the event they are uncovered. th. Landscape Contractor &hs h all promptly notify the Ow r. The Landscape Contractor shall be r*eponeibl• for any and all damages to utilities and such damage shall not cause any additional expenss to the Owner. Any damage of unreported lines shall not be the responsibility of the Landscape Contractor. Landscape Contractor shall provide planted and guaranteed unit prices for all work. Plant list quantities are provided as on aid to bidder& only. Landscape Contractor is responsible for vorifications of plant matorlal quantities on plan. Improper plant counts made by the Landscape Contractor &halt be no cause for additional expense to the Owner. Plante to conform to the American Association of Nursuryman Standards. The Landscape Contractor *hall most both the container Size as well as height and spread specifications. ION 5 GAL. NWNDIMA DOME54 Ill EXISTING CREPE MYRTLE TO BE REMOVED STORED AND REPLACED MAINTENANCE NOTES _ 1. Tho Owner, tenant and their agent. if any, shall be jointly and severally Pagee ro&poneible for the traionc• of all landscape 2. All landscape Shall be maintained in a neat and orderly mannor at all times. Thle shall include mowing. edging. pruning. fertilizing. watering, weeding, and other such aativitiee common to tare deeop• maintenance. 3. All landscape or.a. shall be kept free of trash. litter, woods, and other such material or plants not c. part o/ this plan. 4. All plant material shall be maintained in a healthy and growing condition as to appropriate for the season of the year. 5. All plant material which disc shall be replaced with plant material of equal or bettor value. LANDSCAPE NOTES I. Contractor &hall verify all ..sting and proposed site elements and notify Architect of any diecr*poncios. Survey data of existing conditions was Supplied by others. 2. Contractor shall locals all oxleting underground utilities and notify Architoct of any conflicts. Contractor shall oxerc'se caution when working In the vlcinity of underground utilities. 3. Contractor Is roeponeible for obtaining all required landscape and irrigation permit.. 4. Contractor to provide a minimum 2X elope away from all structures. 5. All planting beds and lawn areas to be eopercted by steel edging. 8. All landscape areas to b. 100% irrigated with an underground automatic irrigation system. 7. All lawn areas to be Solid Sod. unless otherwise noted on the drawing.. LAWN NOTES _- 1. Fine grodo area& to achieve final contours indicated. Leave areas to receive topeoil 5 below final d*si-od grade n plantng areas and V below final grade in turf area.2. Adjust contours to achieve positive drainage awayfrom building.Provide uonorm rounding at fop and bottom of slop.. and other break. in grade. Correct irregulartiesand areae where water may stand3. All lawn areas to receive solid sod shall be left a maximum of one IT') below final finish grade Contractor to coordinate operations with on -site Construction Manager. 4 Topsoil &hall be obtained from stockpiled soil on site. In the event et..kpil.d topsoil le not available. Imported shallbs brought In. Imported lope oilshall be natural friable soil for egglon known as bottomland soil. free from lump.. clay. toxic substance. roote. debre. vegetation. stones, containing no salt and black to A brown in color5. Contractor to coordinate with on -site Construction Manager for availability of existing topsoil 8. Plant sod by handtocover Indicated area completely. Insure edges of sod ors touching Top dres.joint& by hand with compost tofillvods7. Roil grass areae to achlote a smooth. even surface free from unnatural undulations8. Water sod thouroughlyas sod operation progr...... 0. Contractor shall maintain oII ]own areae until final acceptance This &hall Include but not be limitedto, mowing. watering. wording. cultivating, cleaning. and replacing dead or bar. areas to keep plants in a vigorous. goal thy condition. 10. Contractor shall guarantee establishment of an acceptable turf area and shall provide replacemont from local supply as n...... ry. The Landscape Contractor $hall verify the compliance of landscape plane with the city minimum requirements. The Landscape Contractor IS responsible for the protection (with physical barriers) and maintenance of sxieting and transplanted tress during construction (whore applicable) The Landscape Contractor to provide 11) one your of maintenance for installed planting and irrigation. The Landscape Contractor to adjust planting as needed to allow for the screening of proposed el ectrico' transformers. The Landscape Contractor to coordinate placement of plant material with the site and landscape lighting locations a. per architectural plane. Lawns: Areas to be sodded &hall be raked of stones and debris. Debris and *tone. over 1' in diameter *hall be removed from the are. All damaged sod will be rejected. All and must be placed with Vag *rod J)oints. tightly butted. with no Inequolitls$ in grade. Place all sod In rows at right anglaa to elope*. Iwher. applicable) BOTANICAL NAME COMMON NAME QTY. SIZE REMARKS L2w Iroomio Indict 'Whits Crop. Myr6. Whitt 4 B' hf. B Il B. 3 trunk min. Ibx tomuto 'Burfordii th rford Holly 6 5 gal. corst full. 24' spread. 24' oc. Il.x cornuto'Durfordli nova' Owa-f Burford Holly 32 5 0l wM. full. 24' sppreotl. 24' oc. Il.x spp. 'N.Ilis it Stew.' 'Pinkie N.IIio R Stevens Hollyy Indian Hawthorne 'lith I. 6 7 Jal. cool full. 24' sp sad, 24' oc Raphiolepeie Indict Ni domeetiea 'Camp..M, Compact Nwit 13 Y 5 7 �al. cant full. yy4' s nod 24' o c cool. full. 24' s�nad Trochwlospermum asial'Icum Asian Ja.min. 550 4' pots cone 3-(101 runnsre min. 12' oc. Cynodon dactylon Crmmon Dsrmudagrase solid sod, refer to notes NOTE. Pant list le an aid to bidders oily. Contractor shall verify oil quantities on plan. All heights and spreads an mininums. All plant r ial shall meet or ii—od remarks Indicated. LANDSCAPE TABULATIONS Interior Landscape R.qulr.ment: 10% of gso.s parking aroo to be landscaped (54.340 f.I R. red: Provides: 5.434 o.f. IIOXI 14.350 All other ordinioncor were met and maintained through existing landscape Conditional Use Request CU97-49 is a request to revise the approved site plan of CU93-10 (Ordinance 93-51) for a planned commercial corner with the possession, storage, retail sale, and on -premise consumption of alcoholic beverages (beer, wine, and mixed drinks), and forty foot pole signs, specifically for a 730 square foot expansion of the seating area for a restaurant IMacaroni Grill) located on Lot 5R-B1, and a waiver to Section 47.E.2 in accordance with Section 47.F. Conditional Use Request CU97-49 Brinker International (Macaroni Grill) 700 State Highway 114 West Lot 5R-B1, Hayley Addition %, LANDSCAPE PLAN 7 f.20-o' 0 10 20 40 of CONTRACTOR SHALL VER CONDITIONS AND DIMENS AT THE JOB SITE AND t THE ARCHITECTS OF AN' SIONAL ERRORS, OMISSIO DISCREPANCIES BEFORE NING OR FABRICATING At DO NOT SCALE DRAWING C SHEET NVMgFR 3 of 4 �,titFs `A•F OF p 1 i461 'DATE 29-AUG-97 s 02 fit 16 Norm. Etp,", st, t. 800 1.— 75206 Phone:(214) 996-073 E N Tit 10 aSE k TE —Vr -IT TO TtAT-. ­kEll IF -it t r r i�Mlq"LL <3> Fj 4— 1 -- —A -mm*� Ear —�q TO page 0 03 mui i nLir.-,,;,�E, mm T—" 44- 04 ','-1 — z 0 cc z of 0 CC r- C6 DOCUMENT ISSUES 4 4 f, 01 FLOOR PLAN ----------- no u, n WATM GAPAG" a Ono LN, IF] a EXPANSION ApEXISTING RM Non REMM MM IT FM M FM 02SEATING PLAN Wke I/r.1 SOME ow. FOUO3M SrE PLM FM TOR MM I SEATING CAPACITIES I W& WonmMKma"AmompuL - "M PAM @AM ow"wroom MW6 a 0 VMftAMC.VWWTlltV FURNISHING SCHEDULE I =MP 3 ramwumlam BALL TYPE LEGENM. SPECIFICATIONS PWON 1 immimmw=- CLAYFIXMXWOi11a. DINNER DWION 6 p 9=%q catmKommww" a-- twwamr- GENERAL NOTE& t rsaw 07 EXHIBIT T Page -j m of C 0 Q. x —A cc a