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HomeMy WebLinkAboutItem 05 - CU12-47 Jimmy John's Gourmet Sandwichesee STEM #_,�; a7 P 4zo 5* TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER �V SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: DECEMBER 18, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU12 -47 JIMMY JOHN'S GOURMET SANDWICHES Grapevine y�1 �- Lake I APPLICANT: John Evans. L I I PROPERTY LOCATION AND SIZE: The subject property is located at 1401 William D. Tate Avenue, Suite 500 and is platted as Lot 2R1, A °P , Block 1, Hayley Addition. The property contains )Hall-Johnsan 82,728 square feet and has approximately 216 feet _ _ of frontage along the West State Highway 114 Glade Id . c _� service road and 190 feet of frontage along William D. Tate Avenue. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU11 -31 (Ord. 11 -60) for a planned commercial center, specificallyto allow outside dining and one outdoor speaker in conjunction with a restaurant. The applicant proposes to add 16 outdoor patio seats to the existing Jimmy John's Gourmet Sandwich restaurant along with one outdoor speaker to provide light background music for those sitting outside. If approved, a total of 92 seats (76 indoor, 16 outdoor) will be provided for patrons. The entire parking demand for the multi- tenant structure on the subject lot is 128 spaces; 104 have been provided. The adjacent Lot 4A (Uncle Julio's WZCU1CU12 -47.4 December 10, 2012 2:45 PM restaurant) has an excess number of spaces -24 spaces will be utilized to make up for the shortfall. PRESENT ZONING AND USE: The property is currently zoned "HC" Highway Commercial District with a planned commercial center designation. The subject lot was formerly developed as a Mobile gas station /convenience store which has since been demolished. The former Wendy's, KFC, and BoxiesNerizon buildings have also been demolished to make room for the new development. HISTORY OF TRACT AND SURROUNDING AREA: The site was rezoned in 1984 from "R -1" Single Family District and 14" Industrial District to "HC" Highway Commercial District. The site plan of CU87 -07 for a Planned Commercial Center was approved October 20, 1987 to allow a Kentucky Fried Chicken restaurant, a Wendy's restaurant, a Mobil station and the Movies 8 Theater. An amendment to the landscape plan of CU88 -10 for the Movies 8 theater was approved in February 1989. CU89 -09 amended the planned commercial center, allowing a Colter's Bar -B -Que with on- premise sales and consumption of alcoholic beverages and a 40 -foot pole sign in August 1989. CU89 -13 (Ord. No. 89 -69) allowed a 483 square foot expansion of the existing Wendy's restaurant and the addition of a Chili's Restaurant with on- premise sales and consumption of alcoholic beverages, and a 40 -foot pole sign along State Highway 114 West. CU89 -21 (Ord. No. 90 -11) approved revisions of the pole sign elevations. CU91 -09 (Ord. No. 91 -31) amended a previously approved conditional use (CU87 -07) for the establishment of a Payless Shoe Source and amended CU89 -13, adding 10,703 square feet to the existing Chili's restaurant site for additional parking. CU89 -14 allowed for the development of a Waffle House with a 40 -foot pole sign in November 1989. CU89 -17 approved the development of Tia's Tex -Mex restaurant with on- premise sales and consumption of alcoholic beverages and a 40 -foot pole sign along State Highway 114 West. CU91 -14 allowed the development of Macaroni Grill with on-premise sales and consumption of alcoholic beverages and a 40 -foot pole sign in the place of Tia's Tex -Mex restaurant. CU91 -17 provided for the development of Midas Muffler and a future office /retail building on Lot 1 R -2. The specific changes were approved on February 18, 1992 to the location and size of proposed planter islands. CU92 -02 approved the development of Grady's American Grill on- premise sales and consumption of alcoholic beverages and a 40 -foot pole sign on March 24, 1992. CU92 -12 allowed Grady's American Grill to amend the approved floor plan and building elevations. CU92 -19 approved the addition of a second drive- through window for the existing Wendy's Restaurant. CU93 -02 approved the development of Tia's Tex -Mex Restaurant with on- 2 0MCMUI2 -47.4 December 10, 2012 2:45 PM premise sales and consumption of alcoholic beverages and a 40 -foot pole sign in May 1993. CU93 -10 approved the development of a Radio Shack in October 1993, CU94 -05 approved the development of Boxies Cafe with on- premise sales and consumption of alcoholic beverages in April 1994. CU94 -20 approved a revision to the floor plan of Boxies Cafe, a rearrangement of the building elevations and the addition of either a monument or 20 -foot pole sign. CU95 -03 (Ord. No. 95 -11) included changes to the floor plan and exterior elevations of the building on Lot 3 and a reconfiguration of the existing floor plan and building elevations of an existing restaurant in conjunction with a new La Madeleine restaurant on- premise sales and consumption of alcoholic beverages. CU96 -30, approved in November 1997, allowed modifications to the exterior facade of Chili's Restaurant. CU97 -44 (Ord. No. 97 -100) revised the sign height and sign elevation for Tia's Tex -Mex in September 1997. CU97 -49, approved in October 1997, approved a 730 square foot expansion of Macaroni Grill. Conditional Use Request CU02 -39 (Ord. 02 -78) was approved by Council at their October 15, 2002 meeting and allowed for changes in the floor plan and building elevation modifications to the former Grady's restaurant that was remodeled for and converted into a P.F. Changs restaurant. At the February 15, 2005 meeting Council approved a conditional use request (CU05 -04) to amend the site plan of the planned commercial center associated with the Hayley Addition specifically to extensively remodel the Grapevine Movies 8 building for restaurant and retail uses the project never moved beyond the planning stages. Conditional Use Request CU06 -08 (Ord. 06 -28) was approved by Council at their April 18, 2006 meeting and allowed the demolition of the former Grapevine Movies 8 building in order to construct a new Uncle Julio's restaurant. On October 26, 2006 CU06 -50 approved revisions to the elevations and fire lane location of the Uncle Julio's restaurant. On March 28, 2007 CU07 -08 approved a valet parking drop off area and the relocation of the handicap accessible parking spaces for Uncle Julio's. At the June 19, 2007 meeting, Council approved a conditional use permit (CU07 -12) to allow a new restaurant (Red's Patio Grill) into the former Tia's restaurant on the subject site. The intent was to subdivide the restaurant for two tenants with Red's occupying 5,646 square feet with a seating capacity of 223 seats. The remaining 2,823 square feet of the Tia's building would accommodate a future restaurant yet to be named. The proposal never moved beyond the initial planning stages. At the March 16, 2010 meeting Council approved a conditional use permit (CU 10 -03) for a 10,565 square foot Pappadeaux Seafood Kitchen on the former Tia's Tex -Mex restaurant that will be demolished to make way for the new restaurant. Additional acreage (approximately one acre) was absorbed into the site from the adjacent former Payton - Wright Ford property to enlarge the site to accommodate the larger structure and to provide adequate parking. A new 40 -foot pole sign was also approved as part of the request. Conditional use request CU10 -08 was approved by Council at the May 18, 2010 meeting which allowed for the development of a 13,208 square foot multi- tenant retail building and a 3,701 square foot, 120 seat restaurant with drive - through service, outside dining, and two, 40 -foot pole signs. At the July 20, 2010 meeting a new conditional use 3 O:VCU%CUI2 -47.4 December 10, 2012 2:45 PM request was approved on the subject site (CU10 -18) which simply subdivided the lot into two lots separating the multi - tenant building and the drive - through restaurant. At the September 21, 2011 meeting, Council approved a revision to the subject property (CU11- 23) amending the planned commercial center relative to the In- and -Out drive- through restaurant — specifically increasing the size of the lot, relocating a pole sign, and relocating drive access to the center from William D. Tate Avenue. Council approved at their November 15, 2011 meeting a conditional use permit (CU 11 -31) for a 3,634 square foot 172 seat pizza restaurant (Grimaldi Pizza) with on- premise alcohol beverage sales and outdoor patio seating and two outdoor speakers. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "GU" Governmental Use District, and "R -7.5" Single Family District - United States Post Office, and Bellaire Addition. SOUTH: "CC" Community Commercial District – State Highway 114 and Crossroads Planned Commercial Center EAST: "HC" Highway Commercial District and "R -7.5" Single Family District – Former Payton - Wright Ford /Grapevine Suzuki automobile dealership now occupied by Northgate Construction, Ball Street substation and Bellaire Addition. WEST: "CC" Community Commercial District – Jack In the Box, Arby's restaurant, former BoxiesNerizon Wireless, JoAnne's, Petco and Town Center planned commercial center. AIRPORT IMPACT: The subject tract is located within "Zone A" Zone of Minimal Effect and "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. Few activities will be affected by aircraft sounds in "Zone A" except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. In "Zone B ", the following uses may be considered only if sound treatment is included in building design: multifamily apartments, motels, office buildings, movie theaters, restaurants, personal and business services. Single - family residential and sound sensitive uses such as schools and churches should avoid this zone. The applicant's proposal is an appropriate use in this noise zone. 4 0:IZCUICUI2 -47.4 December 10, 2012 2:45 PM MASTER PLAN APPLICATION: The Master Plan designates the subject property as Commercial land use. The applicant's proposal is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan does not designate the service road of West State Highway 114 as a local thoroughfare. William D. Tate Avenue is designated a Type "C" Major Arterial with a minimum 80 -feet of right -of -way developed as four lanes with a center left turn lane. /rs 5 0:IZCU1CU12 -47.4 December 10, 2012 2:45 PM 9 12379 .- S11 IN 4R, 8.7847 9 4R, 8.7&17 0 8 12346 6 s p \gym 3R, ss-- 2,329 f� -�Y o 2 6.5570 rr of.f * �+1N Oq3 1R2 1 0 5R .668 4R1 .8270 3R 2.3928® 1R PC 41 R 1A 1.711 1ji \ ,R1 GU LdT 1R SR 2R �� C •fig � .778 � �" 4 2R, • • 1.803® *� • Y y ■ Y... 1 � ��� -H . . - SR3 3t4 5RA 1.3m @ 5RB1 1.85$ gi ii] 3R 1.007@ 2R 1 5R 2@ .720 OpDn�0 1.8940 SSA�P� .995 � �S�wl1l 1 1.1810 8 8 2 18 �g9 zA, sA r4 f ESN r74 'a H �-jj 1 1 2 3 .p'C1DN r ) 1 15 14 13 , TR SA7 .77 RC 5 2 3 0 ,-%M W 14 W6 gSH� Cu 0 CU 12 -47 1 inch = 300 feet Jimmy John's Gourmet Sandwiches ! -w 6 PART 1. APPLICANT Applicant Name: 114 61V _T0-Z1C-1r-g LL-C- Applicant Address: 132,56 L lac , City/State/Zip �Daj(Q5 -715 a-0 Phone No. ,a t4 -189 I - 3Q__00 Fax No. Email Address I ` . ` Mobile Phone Applicant's interest in subject property 0 Y�� r"'S C�SV_*- --<XA� v p PART 2. PROPERTY INFORMATION Street Address of subject property (LAD ( V'k1(i a-,,., D yak � S w �{-t Sccs i Legal Description: Lot �a -a- Block Addition 4 Qy [e y Add; 4 a0, Legal description of subject property (metes & bounds must be described on 8 112" x 11" sheet Size of subject property: acres (.411 square footage F S-3, "316 Present zoning classification K C El Proposed use of property Zoning ordinance provision requiring a conditional use oo r- L{iy" ras % Dw.{-d oor- lj Pe_a_K,_r PART 3. PROPERTY OWNER INFORMATION Property Owner I ALA C3, U Prop Owner Address �isr-- City /State /Zip �a -1L�S '75 2-0& -` - - -_ Phone No. �-Z I K -$ it - 3-PLpo � Fax No. �� y _ $9 t -32D 3 • Submit a letter describing the proposed conditional use and note the request on the site plan document • In the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations (example: buffer yards, distance between users) • In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, or enjoyment-of other property in the neighborhood Also, describe how the proposed conditional use will add to the value, use or enjoyment of other property in the neighborhood. • Application of site plan approval (Section 47, see attached Form 'B"). • The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. F iPG� u, • All conditional use and conditional use applications are assumed to be complete when fled and will be placed on the agenda for public hearing at the discretion of the staff.. Based on the size of the agenda, your application may be scheduled to a later date. • All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. ❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY t 11J Cn V ae_c s LL-C, Print Applicant's Name The State of I -T;t xa 5 County of I DO-LLC -S plicant's Signature Before me (notary) �0. ��{� on this day personally appeared (applicant) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this 5-11 day of oV �,�14 eX , A.D. -A— o"1101% l l Ll V T4-) e--s" 5 Print Property Owner's Name The State of I —r5 County of �pa�Lta- 5 Notary in and For State of �� S Owner's Signature Before me (notary) Sg $��- on this day personally appeared (applicant) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this day of 0 , A.D. i �e °tiw•• ,4 ^ LISA MARIE BUTLER 4' Notary Public, State of Texas My Commission Expires Notary In and For State ofr�s �.f ; `N;►e January 11, 2013 J o n % -6; 's LISA MARIE BUTLER Notary Notary Public, State of Texas , My Commission Expires January 11, 2013 l l Ll V T4-) e--s" 5 Print Property Owner's Name The State of I —r5 County of �pa�Lta- 5 Notary in and For State of �� S Owner's Signature Before me (notary) Sg $��- on this day personally appeared (applicant) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this day of 0 , A.D. i �e °tiw•• ,4 ^ LISA MARIE BUTLER 4' Notary Public, State of Texas My Commission Expires Notary In and For State ofr�s �.f ; `N;►e January 11, 2013 J o n ACKNOWLEDGEMENT W a - Z r All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. if after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. 1 have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date / 1 At — S— l --2— Signature of Property Owner Date &.fir ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 GRANTING CONDITIONAL USE PERMIT CU12 -47 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2011-60 FOR OUTDOOR DINING AND OUTDOOR SPEAKERS IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT 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 11 1 ')- )'k 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 otherthings 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 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, and 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. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. 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 CU 12-47 amending the site plan approved by Ordinance No. 2011 -60 for a planned commercial center specifically to allow outdoor dining and outdoor speakers in conjunction with a restaurant in a district zoned "HC Highway Commercial District within the following described property: Lot 2R1, Block 1, Hayley Addition (1401 William D. Tate Avenue, Suite 500) 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 2. That 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 3. 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 4. 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 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 5. That 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 6. 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 ORD. NO. 3 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 7. That 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 8. That 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 18th day of December, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: OD. NO. 4