Loading...
HomeMy WebLinkAboutItem 06 - CU12-30 Esparza's IITEM # r . „ TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER' '' SCOTT WILLIAMS, DEVELOPMENT SE ICES DIRECTO MEETING DATE: AUGUST 21, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU12-30, ESPARZA'S RESTAURANT � l I � 1 1 -1--- -------- -- wry;-- APPLICANT: F.C.'LeVrier on behalf of Steve Brown Grapevine y? and EZB Restaurants Inc. 11 eve Lake I , I pQ! I PROPERTY LOCATION AND SIZE: I North k The subject property is located at 124 East Worth Street and is platted as Lot 2RA, Block 32, City of Grapevine. The addition contains 1.16 acres and has approximately 120 feet of frontage along East Worth sy Hall-Johnson A°p l Street and 166 feet of frontage along Franklin Street. I � � I a _% I Glade Rd. ; I 4 3 REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the Dreviously approved site plan of CU 11-20 Ord. 11-44 for a restaurant with the possession, storage, retail sale and on-premise consumption of alcoholic bevera_ces(beer, wine and mixed beverages) and outside dining, specifically to convert a portion of the front porch into a full-service bar and include the addition of a retractable all weather overhead canopy over the outside dinin,_g, area. With this request the applicant intends to modify the front porch area of the restaurant to include a full-service bar that will be primarily utilized by the patrons dining outdoors. A retractable overhead canopy is also proposed that can be extended over the main outdoor seating area in front of the restaurant during periods of inclement weather. Seating for the patio area will increase eight seats, from 80 to 88 seats due to individual seats at the proposed bar on the modified front porch. This slight increase in seating will require an OVCMCU12-30.4 1 August 13,2012(1:42P10) additional three parking spaces bringing the total required parking for the restaurant to 100 spaces. With the addition of the new parking area on site approved last year the applicant has provided 72 spaces, including the new city lot at the northeast corner of Jenkins and Worth Streets there is approximately 106 spaces available in the immediate vicinity. PRESENT ZONING AND USE: The subject property is currently zoned "CBD" Central Business District and is developed as a restaurant. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned from "C-2"Community Business District to Specific Use Permit for the possession, storage, retail sale, and on-premise consumption of alcoholic beverages incidental to the operation of a restaurant in accordance with the approved site plan (Ordinance 80-69). The subject property was rezoned from the Specific Use Permit in the 1984 City Rezoning to Central Business District. Conditional Use Permit CU89-20 (Ordinance 90-10) allowed for the sale, storage and on-premise consumption of alcoholic beverages (beer, wine and mixed drinks only). Zone Change Request Z97-14 and Conditional Use Request CU97-31 were considered at Council's July 1, 1997 meeting to allow for a .44 acre lot immediately to the rear of the subject site zoned "R-7.5" Single Family District, to be utilized for parking for the existing restaurant and to allow for outside dining at the front (north) and along the west side of the restaurant. The zone change application was approved however, the conditional use application specifically relative to the outside dining on the patio area to the west was denied. The Site Plan Review Committee at their August 29, 2001 meeting approved a small modification to the existing site plan for the subject site(CU01-43)to accommodate upgrades to the kitchen area. The Site Plan Review Committee at their April 24, 2002 meeting approved a conditional use permit(CU02-06)which amended the exterior elevations to the existing restaurant on the subject site and the interior seating area but with no increase in seating. The Site Plan Review Committee at their December 17, 2003 meeting approved a conditional use permit (CU03-49) that simply reconsidered the previous amendments associated with CU02-06 that had expired with no action taken. No other changes were proposed. The properties to the north, south and west were rezoned from "C-2" Community Business to "CBD" Central Business District during the 1984 City Rezoning and are developed as commercial uses. The properties to the east were rezoned from "R-1" Single Family District to"R-7.5" Single Family District and are developed as residential uses. At the August 16, 2011 meeting, Council approved a zone change, (Z11-05) conditional use permit, (CU11-20) and a parking plan (PP11-01) on the subject site. The applicant included an additional .2 acres into the restaurant property to be utilized for 20 new parking spaces and outside dining was allowed (80 seats). 0:VCU1CU12-30.4 2 August 13,2012(1:42PM) SURROUNDING ZONING AND EXISTINC LAND USE: NORTH: "CBD" Central Business District—commercial/office uses SOUTH: "CBD" Central Business District—Foust Funeral Home parking lot EAST: "R-7.5" Single Family District—residential property WEST: "CBD" Central Business District—restaurant (Lary Bones) AIRPORT IMPACT: The subject tract is located within "Zone A" zone of minimal 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. MASTER PLAN APPLICATION: The Master Plan designates the subject property as both a Central Business District land use and a Low-Density Residential land use. The applicant's request is in compliance with the Master Plan. /rs O:1ZCWW12-30.4 3 August 13,2012(1:42PRM ®�1 �.: 1 j TR 52A 1 =AC r F,f0d WMArd W'drlc!vt-.Mp 37 AC , AFKA . � �• IAI R-7.5 /L�//'' �• IA2 I /r IOA Al i/ir%I 1 1 rMOA �® , -0 FARM 1 inch g / r r 00 feet VEHIE T E A S VIP CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/agent:/company/contact Eww2A's 2r'sTtggaiqNT c/a .::axtCal?si � Cn� sCs . 7i1PC. ,c. rUt2rE�z Street address of applicant/agent /72 5 iF. LVb, sal7g 0100 City/State/Zip Code of applicant/agent. St7C1fH�Cl��F_ rexA s 7-&Q9Z Telephone number of applicant/agent: Fax number of applicant/agent g1-7 , q-427"7 329 --71-7-F Email address of applicant(agent Mobile phone number of applicant/agent , f'"IN -775-7,356 Applicant's interest in subject property. 174 F : !2.25 7W HEfY'J. 13 VQ WAt - 6WP-4 /G E PRe2ZI9�� ,P.�9`TF►L'12RX1 PART 2. PROPERTY INFORMATION Street address of subject property 1,2',L 0 . 40OR /•1 Vi25E T Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet) Lot 212A Block Addition C-1;1--1 D,= d i21q Pi~V 1N fE- A/, o j 7-100 Size of subject property A& Acres 50 3 5 Z Square foots e Present zoning classification: Proposed use of the property: C/-3 0 Ne' C144Af r f21�=dt�CSi E Minimum/maximum district size for conditional use request: /1c d G hv?N 1. Zoning ordinance provision requiring a conditional use: -C-0 l V6M,rt9 At d is A PACs?6 I-F D f= T/4,-- F?[(.5rf,&l et l-fAly-r P012C N f AjW R FU I-1- 64=0ZV'<:P F3Q*�1QierN rO /^Af,,Li1 bF H4Z A 017-16N Off.4 AJZA) PtO716(2F,rkAC-i-1gr3c.r= tAL4 "Xigrm f5a >fF-1.Tse S ,5r6A0 PART 3. PROPERTY OWNER INFORMATION Name of current property owner.- 57-C EN J• o2owAr --r=3 2esrnv,2Nhi T'S /NC Street address of property owner., i2-4 ,E. &Uo _f City/State/Zip Code of property owner., Zf-A?4x�1,1Iv5 x -5 7G6 5 i Telephone number of property owner. Fax number of property owner: C8f 7� g� 5►-� S �f?� alb �q 3q d IN She same letter,describing the show on fhe sift pia use and note the request o a o _ Y ` 9 proposed� q st on the site plan document n, 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. I Application of site plan approval(Section 47, see attached r=oan B'). GY The site plan submission shall meet the requirements of Section 47 Site Plan Requirements. All conditional use and conditional 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. W."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. i 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 ,qA/N COR5T F-N7-EA Pr-15&5y/MC. /=.- G- /.r VYZi Cie rrnt pp icant s Name: Ap f's nature: The State of f F RO-5 County Of -ranZZnf' c• Before Me .�f A •GL6`� t on this day personally appearedC-'. (notary) (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 con si ration therein expressed. gg � (Seal)Given under my hand and seal of office this I�� day of r a[*LAA State of Texas Gomm , I4 In And aOe� °Print Property Owners Name: Prop ne Signature: The State Of Ttkas County Of --R✓Ma-V t + p�,o ,,•,� Before Me R�AA -�(�"L A.� on this day ' "�'r P, `T` 6r r�5 (notary) y personally appeared (property owner) 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 seat of office this 0 day of A.D.Z� -� ►wvRr M. wrcHUwu , Notary Publ1[ State of Texas I CG111m•EWr a 9-21-2416 Notary!n An State Of Texas ACKNO.WLEDCEMENT All Conditional Use and Special Use Applications are assumed to be complete when bled 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 riling 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: 7 ZZfiZ Signature of Owner ! ---�-- Date: ll z A � ` o� . r ,,Bart4.e } r,:iiisesy, Iac . EXHIBIT "B" ESPARZA'S RESTAURANT CONDITIONAL USE I SITE PLAN REQUEST July 029 2012 DESCRIPTION OF PROPOSED CONDITIONAL.USE / SITE PLAN h APPROVAL REQUEST We respectfully request approval of our Conditional Use/Site Plan Submittal as it relates to Esparza's Restaurant and as delineated on our development site plan package. INTENT: It is the intent of this conditional use/site plan submittal to request approval for the conversion of a portion of the existing front porch into a full service bar area to include r the addition of a new patio retractable all weather shelter system at Esparza's Restaurant. Said patio improvements would allow Esparza's Restaurant to provide all-weather H protection and create an updated ambiance for its outside Patio Dining and Beverage customers. This Conditional Use/ Site Plan submittal approval request is based on the proposed existing outside patio improvements as illustrated on the attached project plans exhibit. CONDITIONAL USE CONTRIBUTIONS: Our proposed Site Plan and Conditional Use request provides the following substantial improvements: Existing Patio Area: 1. The existing condition provides an open air patio atmosphere,which can only be used during acceptable weather conditions,thus limiting the year round use 2. The new proposed retractable patio shelter system will transform the outdoor area, into a smart and welcoming haven,while still protecting the customers from sun, wind and rain. 3. The ultimate goal would be to transform the outdoors into a new and welcoming dining&beverage space for everyday enjoyment. 4. The proposed improvements will result in a design balance solution, integrating the existing traditional building scheme and the proposed modern trend setting. Design Construction �� Interiors 1725 E.Southlake Blvd., Suite 100 Southlake,TX. 76092 Phone:(817)4244277 Fax:(817)324-7177 Web:www.suncoastdfw.com CONDITIONAL USE SIT E PLAN RI EQUEST SPA RZA'S RESTAU—RANT PROPOSED PATIO INTPROVEWiNTS EXHIBIT"B" July 2, 2012 Page 2 of 3 5. Will provide a customized solution resulting in the total enjoyment of the outdoor patio area. 6. Said system being retractable, would offer the best of both worlds, being open air condition and or closed during inclement weather,resulting in year round enjoyment. Existing Front Porch Area Conversion: 1. Would greatly improve beverage service for all patio customers. 2. Result in better interaction between wait staff and patio customers. 3. Create a customer friendly atmosphere for year round enjoyment of the outdoors resulting in a much improved destination point. 4. Facilitate overall customer service while delivering a pleasant and new during experience. Other Provisions: 1® With the upcoming East Worth Street improvements, our proposed patio improvements will enhance the overall street-scape and contribute to the Main Street atmosphere, which offers a friendly and safe environment. CONCLUSION• In conclusion,we feel that the proposed patio improvements would not cause harm to the value, use, or enjoyment of any adjacent properties. This effort would not negatively impact the continuity or sense of community in the City of Grapevine. We have an opportunity to not only provide a new dining experience at Esparza's Restaurant, but to also service the many visitors to the City of Grapevine, and at the end, resulting in a win solution for both. Based on said information,we feel that our proposed Site Plan/Conditional Use request provides a sound solution and keeps with the established Main Street Theme& Character. The proposed design solutions protect the general provisions of the Zoning/ Development Ordinances, which provides for the orderly, safe and healthful development within the City. Our proposal does not disregard, but supports the health, safety and general welfare of the entire community and its visitors. COINDI TIONAL. USE SITE QUEST ESPAI A'S RE,ETA JRANT PROPOSED PATIO IMPROVEMENS EXHIBIT "B" July 2,2012 Page 3 of 3 We request that our Site Plan/Conditional Use Submittal request—allowing the proposed Patio Improvements be approved so Esparza's Restaurant can provide year round outside patio dining and beverage services in a controlled environment. This effort would greatly improve the present situation and expand the contributions to the City by Esparza's Restaurant. As previously stated,this patio improvement effort will benefit The City, its Visitors and Esparza's Restaurant. In the spirit of good economic revenue growth for both entities,to include creating a pleasant City Visitor experience, please consider our request and grant approval. nom®S A ^'- f�! a� WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY AUGUST 20 2012 Procedure to Respond: erty Owner within 200 feet of the subject tract) or (an interested citizen), I {approve) protest) and/or (have the following comments) CZc Current Property Owner(printed) S r Property Address: j /S✓ ,��1(/,�C1'".) ..S' Lot , Block -3 ,Addition Property Owner Signature: d Property Owner Name(printed):�V,,_,g Daytime phone number: Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Technician Department of Development Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 m' 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 CU 12-30 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO, 2011-44 TO CONVERT A PORTION OF THE FRONT PORCH INTO A FULL-SERVICE BAR AND INCLUDE A RETRACTABLE AWNING FOR THE OUTSIDE DINING AREA IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 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 considerthe 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 characterof 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 r 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, an is in the best interest of the public at ORD. NO. 2 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 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 CU12-30 to amend the site plan approved by Ordinance No. 2011-44 for a restaurant with the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) and outside dining, specifically to convert a portion of the front porch into a full-service bar and include the addition of a retractable all-weather overhead awning to cover the outside dining area in a district zoned "CBD" Central Business District within the following described property: Lot 2RA, Block 32, City of Grapevine (124 East Worth Street) 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 ORD. NO. 3 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 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 21 st day of August, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4