APPLICATION FOR ZONING CHANGE S-P-1 FOR R-AB. Detailed Site Plan for Restaurant with Accessory Alcoholic Beverage Sales

Transcription

1 APPLICATION FOR ZONING CHANGE S-P-1 FOR R-AB Detailed Site Plan for Restaurant with Accessory Alcoholic Beverage Sales Case No.: Date Submitted Fee: $500 By: No. Signs Issued: Location of Request: Existing Zoning: Requested Zoning: Applicant shall submit a site plan pursuant to Section 52-32a of Ordinance #1144 which shall satisfy all of the requirements of Section 52-32a and the following additional requirements: A. Interior Design Plan including general location of all waiting areas, restaurant seating areas reflecting the approximate number of seats, kitchen, alcoholic beverage storage and serving areas, and other activity areas (such as dance floor, gaming devices and electronic amusement machines). (Six copies) B. Detailed Site Plan shall reflect the specifically delineated areas to be zoned for restaurant S-P-1 (R- AB) and all areas necessary to provide adequate and necessary ingress/egress and parking. Only within the area specifically delineated (R-AB) may alcoholic beverages be sold for consumption on premises; provided, however, the holder of a mixed beverage permit operating an accessory use within a hotel that includes the zoning designation of S-P-1 (R-AB) may deliver mixed beverages, including wine and beer, to individual rooms of the hotel pursuant to Section 28.01(b) of the Alcoholic Beverage Code of the State of Texas. (Six copies) C. An artist's rendering, photographs, elevation drawings or sketches, or other illustrations for the proposed restaurant which show the proposed exterior features. D. Narrative description of the planned activities in the restaurant which includes projected breakdown of revenues between food sales and sales of alcoholic beverages and any use of the restaurant premises for dancing, gaming devices and/or electronic amusement games. E. A copy of the proposed menu, including food and drink prices. F. Legal description of the property for which the zoning change is requested which shall include the distance and bearing of the point of beginning from the nearest intersection of streets and roads. The following information to be supplied by the Agent/Contact: Name: Company: Address: Telephone: City State Zip Code: FAX: Signature of Agent/Contact Print Name City of Irving - Development Services Department 825 W. Irving Blvd., Irving, TX FAX

2 Page 2 The following information to be supplied by the Restaurant Owner/Operator: Name: Company: Address: Telephone: City State Zip Code: I am the owner or operator of the restaurant to be zoned S-P-1 for R-AB, I have submitted the above-referenced information to the City of Irving, Development Services Department, and hereby acknowledge I have received a copy of Section of Ordinance No. 1144, and affirm that I shall abide by and operate the restaurant pursuant to all provisions of zoning ordinance #1144 and all other applicable City ordinances if the property is zoned S-P-1 for R-AB. FAX: Signature of Owner/Operator of Restaurant Print Name The Following Information To Be Supplied By The Property Owner: Name: Company: Address: Telephone: City State Zip Code: In lieu of representing this application myself as owner of the subject property, I hereby designate to act in the capacity of my agent for submittal, processing, representation and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am legally authorized to sign this application on behalf of the owner of the property, and to designate the applicant and the agent to represent the owner in this application. I understand that it is necessary for me or my authorized agent to be present at both the Planning and Zoning Commission public hearing and at the City Council public hearing if council action is necessary. FAX: Signature of Property Owner/Authorized Representative Print Name City of Irving - Development Services Department 825 W. Irving Blvd., Irving, TX FAX

3 Page 3 Legal Description of Area of Request in Zoning Case # EXHIBIT A I certify that to the best of knowledge, this is an accurate description of the property upon which I have requested a change in zoning. I understand that I am fully responsible for the legal description given above. Date: Signature of Agent/Contact City of Irving - Development Services Department 825 W. Irving Blvd., Irving, TX FAX

4 R-AB Zoning Procedures S-P-1 FOR R-AB ZONING CHANGE PROCEDURE Section of the City of Irving Zoning Ordinance No sets out the process for rezoning. In order to begin the rezoning process, you must supply the Planning Department with the following informational items: 1. Complete the Application for Change of Zoning request form. All items should be complete, including signatures and correct legal description. 2. A nonrefundable filing fee of $ in cash or check is required. All checks should be made payable to the City of Irving. 3. A zoning change request sign will be provided to the Applicant prior to the case being advertised for public hearing. This sign should be placed on the property, by the Applicant, where it can easily be seen from the right-of-way. This must be done at least ten (10) days prior to the public hearing. (Ordinance #4292) 4. Six (6) site plans of the property are required at time of filing. 5. Six (6) interior design plans are required at time of filing. 6. One (1) copy of artist s rendering, photograph, elevation drawings or sketches, or other illustrations which show the proposed exterior features. 7. One (1) copy of narrative description of planned activities. 8. One (1) copy of the proposed menu, with prices. 9. Additional information may be requested by staff as the case progresses. A request for S-P-1 for R-AB zoning must undergo the following reviews and actions: 1. Initial Application Upon initial application, the applicant will submit all required information and fees. The applicant will then be advised as to the date of the Technical Committee review. 2. Technical Committee Review Technical Committee reviews are held on the Tuesday following the application cutoff date. It is not necessary for the applicant to attend this meeting. The applicant will be notified by mail of Technical Committee comments and the date by which all materials will be due in the Planning Department. This deadline must be observed in order to allow the item to be advertised for the Planning and Zoning Commission and the City Council public hearings.

5 R-AB Zoning Procedures Page 2 3. Planning and Zoning Commission Public Hearing All real property owners within 200 feet of the proposed change, as well as the applicant and school district, will receive a Notice of Public Hearing. This notice will give the date, time and location of the public hearings. The public hearing is generally held on the first and third Monday at 7 p.m., in the City Council Chambers of City Hall, 825 West Irving Boulevard. All proponents and opponents of the proposed change are given an opportunity to be heard by the Commission. Generally, unless more time is needed, the Planning and Zoning Commission will reach a decision either to recommend approval or denial of the proposed zoning change. 4. City Council Public Hearing A Notice of Public Hearing will be published in a newspaper of general circulation fifteen (15) days prior to the City Council public hearing. The public hearing is generally held every other Thursday at 7 p.m., in the City Council Chambers of City Hall, 825 West Irving Boulevard. All proponents and opponents of the proposed change are given an opportunity to be heard. The City Council has final authority to approve or deny the request. The average time required for this type of case is approximately eight (8) weeks. Additional information may be obtained from the Planning Department,

6 PROCEDURE FOR OBTAINING R-AB (RESTAURANT WITH ALCOHOLIC BEVERAGE) CERTIFICATE OF OCCUPANCY (C.O.) Any person desiring to operate a restaurant with the sales and service of alcoholic beverages must first have the property zoned S-P-1 for R-AB (Detailed Site Plan for Restaurant with Alcoholic Beverage). Once this has been accomplished the applicant may then come to the Department of Building Inspection to obtain the necessary Certificates of Occupancy (C.O.). In the case of a restaurant which is zoned for alcoholic beverages sales and service two C.O. s are required. The first C.O. allows the operation of a restaurant; the second C.O. allows the operation of a restaurant with the sale and service of alcoholic beverages. The purpose of two C.O. s is to ensure that the required ratio of a minimum of 50% food sales and a maximum of 50% alcoholic beverage sales is maintained (30% food/70% alcoholic beverage if located in the Urban Center). If in the reporting process to the City of Irving Finance Department, it is determined the restaurant has exceeded the maximum alcoholic beverage sales, the R-AB C.O. can be canceled and not affect the operation of the establishment as a restaurant without alcoholic beverage sales. This procedure will speak to the R-AB C.O. The applicant may apply for the R-AB C.O. with the Department of Building Inspection located on the 2nd floor of City Hall, 825 West Irving Boulevard, Irving, Texas, This C.O. is on blue paper and entitled R-AB application, the Department of Building Inspection will forward the C.O. application to the Development Services for their approval. The Development Services Department s approval will be based on the following items being complete: 1. The property being zoned S-P-1 for R-AB; 2. Any new TABC (Texas Alcoholic Beverage Commission) material must be submitted to this office to update the file. The name of the business on the TABC material and the name of the business on the C.O. application must match; 3. If the restaurant has a new owner, a new R-AB zoning change application must be filled out (restaurant owner s name and address of property), and signed by the restaurant owner stating that he has received a copy of the alcoholic beverage ordinance and agrees to abide the ordinance. City of Irving Development Services Department 825 W. Irving Blvd. Irving, TX (972)

7 Page 2 of 2 If there is any question as to whether the TABC material is adequate, the City Attorney s Office is contacted. If items 1-3 have been satisfactorily completed, the representative from the Inspections Department will approve the R-AB C.O. The Inspections Department s representative will take the applicant and the paperwork to the City Secretary s Office for approval by the City Secretary or his deputy. When approved by the City Secretary s Office the R-AB procedure will be complete. This procedure can only be sought when there is no change to the site plan and no significant change to the interior floor plan. If either of these items have changed then a zoning change may be required. After all City of Irving signatures are obtained the City Secretary s Office will make three (3) copies of the application for the following files: (1) Planning and Inspections Department; (2) Finance Department; (3) City Secretary s Office.

8 @) IRVING METHOD OF MEASUREMENT FOR DETERMINING THE DISTANCE BElWEEN A RESTAURANT SELLING ALCOHOLIC BEVERAGES AND A CHURCH, PUBLIC HOSPITAL, SCHOOL OR RESIDENCE "The measurement of the distance shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections." (Sect (8)(9) and (10) of the City of Irving Zoning Ordinance. 1. Front door means any door leading from a street into a restaurant, church, public hospital, school or residential dwelling. A building may have more than one front door. A front door will not include a door which is used only as an emergency exit and which door has an alarm which sounds upon use. A front door to an alcoholic beverage establishment does not include a door that meets all of the following criteria: a) It is not used by patrons of the establishment; and b) It is designed and located so as to be used exclusively as a service or employee entrance. (See Exhibit 1) 2. The measurement shall be conducted as follows: a) The measurement begins from the closest edge of the front door of the restaurant and proceeds along the shortest route which does not pass through the exterior walls of the enclosed building containing the restaurant to the property line of the nearest applicable street front which abuts the property on which the building is situated. (See Exhibit 2) b) The measurement along the street front property lines shall be as follows: i. If beginning and ending buildings are on the same side of a common street, the measurement shall be along the front property lines to a point closest to the door of the other applicable building. If an intersection must be crossed, the measurement shall be along the extended street front as if the intersection were not present. (See Exhibit 3)

9 ii. If beginning and ending buildings are on opposite sides of a common street and there is no intersection between the beginning and ending buildings, the measurement shall proceed along the front property lines to a point closest to the door of the other applicable building, thence in a direct line across the street at that point to a point in the street front of the property upon which the other applicable building is located. If necessary, the measurement shall continue along the other applicable building's property line to a point closest to the door of the other applicable building. (See Exhibit 4) iii. If beginning and ending buildings are on opposite sides of a common street and there is an intersection between the beginning and ending buildings, the measurement shall proceed along the front property lines to the intersection, then in a diagonal line across the intersection to the opposite corner, and then along front property lines to a point closest to the door of the other applicable building. (See Exhibit 4) c) From the point on the nearest applicable street front which abuts the property on which the building is situated, the measurement shall proceed along the shortest route to the front door of the church, school, public hospital or residence which does not pass through the exterior walls of the church, school, public hospital or residence. (See Exhibit 4) 3. It is not appropriate to measure by the usually traveled route or street lines unless same are consistent with the above requirements. A front door may be relocated to meet these requirements, but the route of measurements shall not be affected by mazes, wing walls or other such architectural features whose primary purpose is to circumvent the three hundred foot distance requirement in the ordinance. In the case of a roofed corridor through a building to a front door, if the corridor is more than twice as long as it is wide, and did not exist prior to September 1, 2004, such corridor shall be considered an architectural feature whose purpose is to circumvent the three hundred foot requirement, and the measurement to the front door shall be determined as if the front door was at the part of the corridor which would result in the shortest measurement. (See Exhibit 5)

10 4. Applicable street front means a street front, when utilized for these measurements, that produces the shortest distance between a restaurant and a church, school, public hospital or residential dwelling. The beginning measurement must always be from a door of a building to a street front abutting the property on which the building is situated. In the case of a corner lot, the street front considered shall be the one that produces the shortest distance between a restaurant and a church, school, public hospital or residential dwelling. 5. Applicable building shall mean a restaurant, church, school, public hospital or residential dwelling for which a distance measurement is required to determine compliance with Sec (8)(9) and (10) of the Zoning Ordinance. 6. For purposes of these measurements, "exterior wall" shall mean any wall of an enclosed building which separates space which is normally heated or air conditioned from space which is not normally heated or air conditioned, or which is normally open to the outdoors. 7. If a restaurant and a church, school, hospital or residence are on the same platted lot, the measurement shall be in a straight line over the shortest distance between the front doors of the two uses under consideration, provided that such line does not go through an exterior wall as defined herein. In this situation of the two uses both being on the same platted lot, there is not a need to go to the front property line to measure the distance. (See Exhibit 6) Adopted by the City of Irving Planning and Zoning Commission, October 25, 2004

11 Exhibit 1 '-M - easurement Line Street ""'" ~. "'..., xxx Doer Front Q) - U C ""'" Q) LJ.. ""'" "' <»0, Q) ~.... ~ m ol ceer Cf) ~. C»o,...,~ Street

12 Exhibit 2, =Measurement Line Front Door Front Front Door Door , XXX Door ~ ~~ Street rt\

13 Place of " Frrnt W ors hrp Door... Q) Q) L.... en t----~ Exhibit 3 " = Measu rement Line Street Street xxx Front Door i" r l-- Q) Place of Q) L. Worship... Front Door en

14 Exhibit 4, = Measurement Une Street Front I):)ol t==~ XXX

15 Exhibit 5, = Measurement Line Street xxx Front Door Covered Corridor Front Door Front Door xxx... <l) <l) L..... (f) Street

16 Exhibit 6, =Measurement Line Street Place of Worship Front Door \Multi-Tenant Commercial/Retail Buildings for Lease Front Door xxx Place of Worship Street

17 Sec Sale, serving or storage of alcoholic beverages. (a) Notwithstanding any other provision of this ordinance, the storage, possession, sale, serving, or consumption of any alcoholic beverages, when permitted by the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements: (1) For the purpose of this ordinance the following words and phrases shall have the meanings ascribed to them as follows: a. Alcoholic beverage means alcohol or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. b. Restaurant with attendant accessory use of the sale of alcoholic beverages for on-premises consumption. The zoning designation for this use shall be S-P-1 (R-AB). The terms "restaurant with attendant accessory use of the sale of alcoholic beverages for on-premises consumption" and zoning designation "S-P-1 (R-AB)" shall mean a restaurant or eating establishment zoned S-P-1 (R-AB) whose gross sales in Irving from food on an annual basis represents at least fifty (50) percent of its total sales of food and alcoholic beverages. This defined restaurant use shall be an authorized and permitted use as a principal use or as an accessory use, upon approval of S-P-1 (R-AB) zoning designation for all properties zoned under this section. Drive-in restaurants are specifically excluded from the definitions of a restaurant with attendant accessory use of the sale of alcoholic beverages. c. Commence construction shall mean the setting of building foundation piers and beams. d. Drive-in restaurant shall mean a public eating place which has facilities for serving food and beverages to customers in their motor vehicles on the premises. e. Food shall mean nutriment for human consumption in solid form and beverages which have no alcohol content but the meaning of food shall not include any beverages having any alcoholic content, alcoholic beverage mixes, or other ingredients used for the preparation of alcoholic beverages. f. Mixed beverage means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit.

18 g. The term person shall include association, trustee, receiver, organization, corporations, firms, partnerships, and natural persons. h. For this section of Ordinance No. 1144, hotel means the premises of an establishment: 1. Where in consideration of payment, travelers are furnished food and lodging; and 2. In which are located at least ten (10) adequately furnished, completely separate rooms with adequate facilities so comfortably disposed that persons usually apply for and receive overnight accommodations in the establishment, either in the course of usual and regular travel or as a residence; and 3. Which operates a regular dining room constantly frequented by customers each day. i. Residential purposes shall mean land actually being used to provide single- or multi-family homes for natural persons. j. Private school means a private school, including a parochial school, that: 1. Offers a course of instruction for students in one (1) or more grades from kindergarten through grade 12; and 2. Has more than one hundred (100) students enrolled and attending courses at a single location. k. Eating establishment shall include, but not be limited to, a restaurant, cafeteria, convention center, hotel, entertainment center or a Public Entertainment Facility as defined in Section , Texas Alcoholic Beverage Code, wherein alcoholic beverages are sold by a single mixed beverage permit holder and the total sales of alcoholic beverages on the premises holding the S-P-1 (R-AB) designation do not exceed 50 percent of the total sales of food and mixed beverages on the permitted premises. l. Special regulation area shall mean land located in the urban business overlay district. m. Mixed beverage permit means a mixed beverage permit as defined by Chapter 28 of the Texas Alcoholic Beverage Code and includes derivative permits, such as a wine and beer retailer's permit, that allow on-premise sale of alcoholic beverages based on provisions of the Texas Alcoholic Beverage Code relative to areas in which voters approved the legal sale of beer and wine for off-premise consumption only and the legal sale of mixed beverages.

19 (2) a. The storage, possession, sale, serving, or consumption of any alcoholic beverages to be sold or served by the holder of a mixed beverage permit or the holder of a private club permit issued by the State of Texas, in bottles or any other container direct to the customer or person for consumption on the premises of the holder of a mixed beverage permit or in a private club, shall be permitted only in a restaurant as defined in (1)b. above in a S-P-1 site plan district under section 52-32a of this ordinance after the applicant has made a written request for a change in zoning under said section 52-32a of this ordinance to permit such use but the city council shall not zone any drive-in restaurant for the storage, possession, sale, serving, or consuming of any alcoholic beverage. b. The site plan to be submitted pursuant to said section 52-32a shall satisfy all of the requirements of section 52-32a and the following additional requirements: 1. Interior design plan including general location of all waiting areas, restaurant seating areas reflecting the approximate number of seats, kitchen, storage, serving, and other activity areas within the restaurant. 2. The specifically delineated area to be zoned for restaurant S-P-1 (R-AB) and all areas necessary to provide adequate and necessary ingress-egress and parking. Only within the area specifically delineated (R-AB) may alcoholic beverages be sold for consumption on premises. Provided, however, the holder of a mixed beverage permit operating an accessory use within a hotel that includes the zoning designation of S-P-1 (R-AB) may deliver mixed beverages, including wine and beer, to individual rooms of the hotel pursuant to section 28.01(b) of the Alcoholic Beverage Code of the State of Texas. 3. An artist's rendering, photographs, elevation drawings or sketches, or other illustrations for the proposed restaurant which show proposed exterior features. 4. Narrative description of the planned activities in the restaurant which includes projected breakdown of revenues between food sales and sales of alcoholic beverages and any use of the restaurant premises for dancing, gaming devices, and/or electronic amusement games. (3) The person operating a restaurant with a zoning designation of S-P-1 (R-AB) shall on a semi-annual basis, no later than on the tenth day of the month following each six (6) month period, file with the city secretary an affidavit on an

20 officially approved form provided by the city secretary that reflects gross sales for the preceding six (6) months and gross sales for the preceding twelve-month period, or since the restaurant began its operation, whichever is shorter, breaking down the sales between the sale of food and the sale of alcoholic beverages. For purposes of breaking down the sales between food and alcoholic beverages, sales taxes, alcoholic beverage taxes and any other applicable taxes or fees shall not be included in the calculations. The person operating a restaurant with a zoning designation of S-P-1 (R-AB) shall on a semi-annual basis file with the city secretary a copy of the filings supplied to the State of Texas for sales tax and mixed beverage (alcoholic beverages) tax purposes. The city reserves the right to request persons operating a restaurant with a zoning district designation of S- P-1 (R-AB) to submit an annual audit of the gross sales broken down between food sales and mixed beverages sales at the person's expense. All filings including all sales and beverage tax filings shall remain confidential. The person operating a restaurant with a zoning designation of S-P-1 (R-AB) shall permit the city treasurer to view the books, records, and receipts relative to sale of food and alcoholic beverages at any time after four (4) hours' notice. The city attorney, city manager, city council, city treasurer, mayor or city secretary may examine said records. Said records may be introduced in court for the purpose of showing the person operating a restaurant with a zoning designation of S-P-1 (R-AB) is in violation of this ordinance. (4) a. All persons applying for a zoning designation of S-P-1 (R-AB) pursuant to section of this ordinance shall sign an application that includes all material required to be submitted by this ordinance, that acknowledges receipt of a copy of section 52-49, as amended, of Ordinance No. 1144, and includes an agreement to abide by all provisions of the city's zoning ordinance and all other applicable city ordinances. b. Failure to submit all plans, data and information required to accompany a zoning application by section of Ordinance No. 1144, within three (3) months of filing of the case shall result in a presumption that the case has been withdrawn and the city staff may close the file and process same no further. (5) A certificate of occupancy shall be issued by the city's building inspection department at such time as an applicant complies initially with section 52-49, all zoning ordinances, and all other applicable city ordinances. (6) A certificate of occupancy issued hereunder is valid only as to the recipient. No certificate of occupancy issued hereunder may be assigned or transferred. No person shall operate a restaurant zoned S-P-1 (R-AB) without a valid certificate

21 of occupancy. Upon a change in ownership of the subject restaurant the new owner or person operating such a restaurant shall within ten (10) days of the change in ownership apply for a new certificate of occupancy using the same application form as required for a new zoning change, except that the application shall reflect that the property is currently zoned S-P-1 (R-AB). (7) The city council, after due notice and hearing, may cancel a certificate of occupancy of any party operating a restaurant zoned S-P-1 (R-AB) under section for failure to comply with any of the terms of this ordinance and all other applicable ordinances, after receipt of written notice of noncompliance and failure to rectify any such deficiencies within thirty (30) days of receipt of such written notice. In addition to canceling the certificate of occupancy, the city attorney may inform the Texas Alcoholic Beverage Commission that the location no longer is in compliance with the City of Irving ordinances as previously certified to by the city secretary and request that the Texas Alcoholic Beverage Commission take whatever action is available under the Texas Alcoholic Beverage Code. (8) No S-P-1 (R-AB) site plan district for on-premises sale, serving, and consumption of alcoholic beverages either on the premises of the holder of a mixed beverage permit or on the premises of the holder of a private club permit shall be granted by the city council within three hundred (300) feet of any church, public school, or public hospital. The measurement of the distance between the place of business where alcoholic beverages are to be sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are to be sold and the public or private school shall be: a. In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or b. If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. (9) No S-P-1 (R-AB) site plan district for on-premises sale, serving, and consumption of alcoholic beverages either on the premises of the holder of a mixed beverage permit or on the premises of the holder of a private club permit shall be granted by the city council within three hundred (300) feet of any property zoned or classified R-40, R-15, R-10, R-7.5, R-6, R-3.5, R-2.5, R-MF, R-MF-1, R-MF-2, R- MF-3, R-TH, R-MH, R-ZL, R-PH, and R-XF under Ordinance No and any

22 property zoned or classified A, B, C and D under Ordinance No. 209 and any property actually used for residential purposes authorized in Ordinance No and Ordinance No. 209 irrespective of its zoning category. The measurements of the distance shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections. (10) The sale of alcoholic beverages within three hundred (300) feet of a church, public or private school, or public hospital is hereby prohibited. The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be: a. In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or b. If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. (11) All persons applying for and receiving approval of S-P-1 (R-AB) zoning under this ordinance shall commence construction as evidenced by receipt of a building permit for the restaurant in accordance with the approved site plan within twelve (12) months of the zoning being approved. The city reserves the right and the applicant shall acknowledge the right of the city to rezone subject property in the event construction is not commenced within the stated twelve-month period. (12) A nonrefundable filing fee of five hundred dollars ($500.00) shall accompany each application for S-P-1 (R-AB) zoning under section (13) The regulations contained in section (a)(9) shall not apply when the proposed application for a S-P-1 (R-AB) site plan district is located on property subject to an "urban business overlay district," a "transit mall overlay district," or property zoned "transit oriented development district"; provided said proposed S- P-1 (R-AB) site plan district meets the three hundred (300) foot distance requirement from any property zoned or classified R-40, R-15, R-10, R-7.5, R-6, R-3.5, R-2.5, R-TH, R-MH, R-ZL, R-PH, or R-XF under Ordinance No The regulations contained in subsection (a)(9), however, shall apply when the proposed application for a S-P-1 (R-AB) site plan district is located on property within an area subject to an "urban business overlay district," a "transit mall overlay district," or property zoned "transit oriented development district"; and is

23 also located within three hundred (300) feet of a property zoned R-MF, R-MF-1, R-MF-2, or R-MF-3 which is located on property outside of an area subject to an "urban business overlay district," a "transit mall overlay district," or property zoned "transit oriented development district." (14) The city council may grant a variance to the regulations contained in subsection 52-49(a)(8), subsection 52-49(a)(9), and subsection 52-49(a)(10) if it determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes a waste or inefficient use of land or other resources, creates an undue hardship on an applicant, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council determines is in the best interest of the community after consideration of the health, safety, and welfare of the public and the equities of the situation. Applications for zoning changes under subsection 52-49(a)(14) will be processed the same as any other zoning change except that notice of the public hearing before the planning and zoning commission to consider the zoning change shall be mailed to all property owners within five hundred (500) feet of the property upon which the zoning change is being requested, according to the latest approved city tax roll. (15) In a restaurant with attendant accessory use of the sale of alcoholic beverages for on-premises consumption which is located in a special regulation area and zoned S-P-1 (R-AB), the gross sales in Irving from alcoholic beverages on an annual basis may be 70 percent or less of its total sales of food and alcoholic beverages. (16) Premises which include restaurants with attendant accessory uses of the sale of alcoholic beverages for on-premises consumption which meet all of the following: a. Are located in the urban business overlay district, b. Comprise a single, undivided tract of at least fifteen acres, c. Contain a public entertainment facility ("PEF"), as defined by Section , Texas Alcoholic Beverage Code, and d. Are zoned S-P-1 (R-AB) shall be PEF premises. On a PEF premises, the combined gross sales in Irving from alcoholic beverages for the entire PEF premises on an annual basis may be 70 percent or less of the combined total sales of food and alcoholic beverages for the entire PEF premises. For the purposes of subsection 52-49(a)(3), an owner or operator of a PEF premises shall report a combined total of all food and alcoholic beverage sales for all of the establishments contained within the PEF premises and a breakdown for each establishment within the PEF premises,

24 whether or not there are more than one mixed beverage or private club permit holders. The owner or operator of a proposed PEF premises applying for S-P-1 (R-AB) zoning to allow restaurants with attendant accessory uses of alcoholic beverages for on-premises consumption shall comply with all the requirements of subsection 52-49(a)(2)b, except for subsection 52-49(a)(2)b.1 and shall comply with all applicable requirements of section 52-32a. (Ord. No. 2712, 9 11, ; Ord. No. 3768, 2, ; Ord. No. 6801, 1, ; Ord. No , 1 4, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, 3, ; Ord. No , 1, ) State law reference Definitions, V.T.C.A. Alcoholic Beverage Code, 1.04.