HomeMy WebLinkAboutItem 04 - CU09-33 Gaylord Texan cC ITEM # -
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION!,
FROM: BRUNO RUMBELOW, CITY MANAGER V
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO
MEETING DATE: OCTOBER 20, 2009
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU09-33
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Gr.t-ake a y?, APPLICANT: Bennett Westbrook
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■ ,' Northwes PROPERTY LOCATION AND SIZE:
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aao=og- , Al The subject property is located at 1000 Gaylord Trail
�' ' and is proposed to be platted as Lot 1, Block 1,
I 4'6".t.? ARrport x Opryland Fourth Addition. The property contains
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional permit to amend the previously approved site plan
of CU08-17 (Ord. 08-48) for a planned commercial center in conjunction with a hotel and
convention center specifically to allow for a resort pool/event area along with the
possession, storage, retail sale and on-premise consumption of alcoholic beverages(beer,
wine and mixed beverages), outdoor speakers, and temporary signage for the seasonal
"ICE" event.
The applicant intends to develop an outdoor resort pool/event area located at the northeast
corner of the Gaylord Trail and State Highway 26 intersection. This ten acre parcel will
contain a pool and "lazy river" concept along with other outdoor games to include
horseshoe pits, shuffleboard courts and lawn games such as croquet and bocce ball.
There will also be a food and beverage concession area as well as changing rooms,
cabanas and other lounge areas. Although some parking is provided on site, the majority
O:1ZCU\CU09-33.4 1 October 13,2009(8:11AM)
of the patrons to this area will be shuttled from the hotel. Outdoor speakers will be utilized
throughout the area to provide background music/entertainment for the attending patrons.
The applicant is also requesting approval for the seasonal temporary use of a 96-square
foot ground sign that will use an electronic countdown timer to count down the time
remaining till the opening of the annual ICE! exhibit and once the exhibit opens the timer
will count down the remaining days to attend the exhibit. It is intended to erect the sign on
October 1 of each year and remove it the day after the exhibit is over,which for this season
will be January 4, 2010.
PRESENT ZONING AND USE:
The subject property is currently zoned "PCD" Planned Commerce Development District
and is developed as the Gaylord Texan Resort and Convention Center on Lake Grapevine.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was zoned "R-1"Single-Family Dwelling District prior to the 1984 City
Rezoning. A Specific Use Permit(Ord. 77-12)was approved by Council on March 1, 1977
for a health care center, but was never developed. Conditional Use Request CU99-69
(Ord. 99-182)was approved by Council at the December 21, 1999 meeting and allowed for
a 1,600-room hotel with conference center space in excess of 300,000 square feet on the
subject site. The site plan for the Opryland Hotel was later amended at the February 20,
2001 (CU01-05; Ord. 01-12) meeting specifically to revise the parking layout. At the March
18, 2003 meeting Council approved a modification of the site plan (CU03-03) for the
Opry land Hotel specifically to establish sales and storage areas for alcoholic beverages
within the hotel Council also approved a special use permit(SU03-02)to establish cellular
antenna equipment under the hotel silo with low profile antenna arrays on the hotel roof
and allow for approximately 20 video games and two pool tables in the Train Station area
of the hotel. Conditional Use Request CU03-15 was approved May 20, 2003 which
established the floor plan and elevations for the "Point" Restaurant. Conditional Use
Request CU03-38 was considered and approved by Council at their October 21, 2003
meeting which allowed for minor site changes such as feature landscaping modifications
along the Ruth Wall entrance to the site, identification of an outdoor seating area
associated with the"Old Hickory Restaurant"within the hotel, addition of tennis courts just
north of the parking lot, addition of a future events pavilion to the north of the hotel just east
of the parking lot, and a revision to the final height of the hotel from 160-feet to 165-feet. In
addition, a special use permit (SU03-05) was approved for a helistop location just to the
north of the hotel for occasional VIP transport (approximately six to eight times per year)
and emergency/care-flight situations if necessary. At the February 17, 2004 meeting,
Council approved an amendment (CU04-04) to the site plan associated with the "Glass
Cactus" restaurant (formerly known as the "The Point" restaurant). Specifically, the
restaurant's exterior elevations were modified and extensive changes to the floor plan were
made to accommodate a variety of venues and entertainment options. At the March 23,
2004 meeting, Council approved CU04-09 on the subject site which allowed for approval of
O:\ZCU\CU09-33.4 2 October 13,2009(8:11AM)
the entire signage package for the Gaylord Hotel. At that same meeting, SU04-01 was
also approved allowed for paid-parking throughout the hotel site. An above surface,three-
levetparking garage containing 1,485 parking spaces was approved on the subject site by
Council at their November 16, 2004 meeting (CU04-37). Minor changes to the site plan
associated with the parking structure, such as the addition of a covered walkway and
landscaping modifications, were approved by the Site Plan Review Committee(CU05-17)
at their March 23, 2005 meeting. At Council's December 18, 2007 meeting, a conditional
use permit (CU07-36) was approved on the subject site which allowed for two additional
levels of parking to be added to the north parking garage (approximately 636 spaces).
At a special meeting held on March 25, 2008 conditional use request CU08-01 (Ord. 08-12)
was considered and approved on the subject site allowing for a 492-room, 12-story tower
addition and an approximate 600,000 square foot expansion to the convention center. In
addition, stipulations were placed on the approval of the expansion relative to noise and
light reduction at the parking garage and Glass Cactus. In particular:
• Parking garage: Headlight screening shall be placed from the spandrel panels up on
levels two and three facing the residential properties.
• Lighting: All ground level lights on the west side of the building shall be shielded for
glare.
• Glass Cactus: Immediately provide headlight screening and evergreen screening
plants to be placed at the wrought iron fence west of the portico.
• Gaylord officials shall provide a sound attenuation plan to the Site Plan Review
Committee within 90 days of the approval of the request.
The Site Plan Review Committee, at their August 27, 2008 meeting, met to consider the
proposed plan to reduce noise at the Glass Cactus and to ensure the specific conditions of
the March 25, 2008 meeting had been met. It was determined that the condition relative to
lighting has already been met, and the first condition relative to the Glass Cactus has also
been met. The noise reduction plan at the Glass Cactus centered on providing wing walls
and vestibules on key doorways leading onto the main and upper balconies. Specifically a
wing wall was proposed on the main balcony and upper balcony at the northwest corners—
both of these walls deflecting sound northward as it escapes from the interior of the Glass
Cactus. In addition to the wing walls, an exterior vestibule onto the main balcony on the
west side (the side that faces the neighborhood) will be created to keep noise from
escaping from the dance floor area. A second interior vestibule is proposed along the west
side near the band/stage area. On the upper balcony, doorway exits onto the west side of
the balcony will be converted to emergency access only. A letter from the sound
consultants who measured the noise from the Glass Cactus on Saturday, March 1, 2008
between the hours of 8:00 p.m. to 12:00 a.m. determined that although there was on a
periodic basis noise that could be heard coming from the Glass Cactus, it did not exceed
the standards established in the City's Performance Standards relative to noise.
At Council's September 16, 2008 meeting, Council approved CU08-17 which allowed for a
resort pool complex located immediately west of the tower addition. A food and beverage
O:\ZCU\CU09-33.4 3 October 13,2009(8:11AM)
pavilion and an event pad site were also approved as part of the request. Criteria was
established for the use of the large event pad site other than the ICE! exhibit and
guidelines were adopted relative to hours of operation, sound levels, and the size of
events. This conditional use request was later amended by the Site Plan Review
Committee at their April 30, 2009 meeting which allowed for landscaping and new
fan/motor technology to substitute for a 30-foot screening wall that was proposed to screen
the cooling towers for the new tower addition from the properties to the west.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "GU" Governmental Use District—Grapevine Lake
SOUTH: "GU" Governmental Use District and "R-7.5" Single Family District—
Grapevine Lake, The Woods single family subdivision
EAST: "GU" Governmental Use District—Grapevine Lake
WEST: "GU" Governmental Use District, "R-T5" Single Family District, and
"CN" Neighborhood Commercial District—Grapevine Lake, Lakewood
Acres single family subdivision, and the former Grapevine
Steakhouse now occupied by the Grapevine Elks Lodge.
AIRPORT IMPACT:
The subject tract is located within both"Zone A"Zone of Minimal Effect and "Zone B"Zone
of middle effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional
Airport Environs" Map. In "Zone A,"few activities will be affected by aircraft sounds except
for sound sensitive activities such as auditoriums, churches, schools, hospitals, and
theaters. 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 both of these noise zones.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial land use. The
applicant's request is in compliance with the Master Plan.
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Gaylord Texan
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P VINE
T E A S S
AL
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/agent:/company/contact
GAYLORD HOTELS BENNETT WESTBROOK
Street address of applicant/agent:
ONE GAYLORD DRIVE
City/State/Zip Code of applicant/agent:
NASHVILLE, TN 37214
Telephone number of applicant/agent: Fax number of applicant/agent
615.316.6000 615.316.6898
Email address of applicant/agent Mobile phone number of applicant/agent
615.305.8470
Applicant's interest in subject property:
—OWNER
tBART 2. PROPERTY INFORMATION
Street address of subject property
1501 GAYLORD TRAIL
Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet)
SEE ATTACHED
Size of subject property
25.23 Acres 0 existing 9,000 new Square footage
Present zoning classification: Proposed use of the property:
HCO PCD GAYLORD TEXAN—FRONT ENTRY RESORT POOL COMPLEX&FRONT ENTRY ICE SIGNAGE
Minimum/maximum district size for conditional use request:
N/A
Zoning ordinance provision requiring a conditional use:
SECTION 48, CONDITIONAL USE
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner:
GAYLORD HOTELS
Street address of property owner.
ONE GAYLORD DRIVE
City/State/Zip Code of property owner:
NASHVILLE, TN 37214
, TIephone number of property owner: Fax number of property owner:
15.316.6000 615.316.6898
D
❑ Submit a letter describing the proposed conditional use and note the request on the site plan document Adele
❑ 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.
❑ 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.
❑ 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 US - -QUEST AND PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
BENNETT WESTBROOK
Print Applicant's Name: Applicant's Signature:
The State of TENNESSEE
County Of DAVIDSON
Before Me 5(d T'7 3. I yNi on this day personally appeared El✓NetT WEST B/t D/h
(notary) (applicant)
known to me (or proved to me on the oath of card or other document) to be the,3e w o‘cy, me is subscribed to the foregoing instrument a''.11*'`
acknowledged to me that he executed the same for the purposes and consideratiQnQ stein c ress01. z•
3�ST day OF
•(Seal)Given under my hand and seal of office this y of rT vG tas T. TENNESSEE •p D! COQ •
2 NOTARY N0• 2,
>`; PUBLIC •'<ty
Notary In And For.'Are Aloee 1
my omission es. cc,
p• , i/
GAYLORD HOTELS ,,1407/I
Print Property Owners Name: 'roperty Owner's Signature:
The State Of TENNESSEE
County Of DAVIDSON
Before Me 5r0 1`T '. L YNi►' on this day personally appeared B Er✓Ns TT Westin eof(
(notary) (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 seal of office this 3/sr day of /7V 6 USr ,A.D. 2,0041 .
,,,,1111„,,,,,,♦
TJ. ''•
•TATE•,�2 ,
Notary In An F Stet f Tenbissee
• TENNESSEE
NOTARY :_ --
S'yi%• PURIIr !``?l
.•••
My Commission Expires NOV.22,2010
CA,i0 .-
ACKNOWLEDGEMENT
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.
I 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 bee m t at t - t" / o s .mittal.
Signature of Applicant I I ��
g PP
Date: oa I /oq
Signature of Owner j A
►P + � Op
Date: DB /ZB I 0 9
4/. 33
IA 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 CU09-33 TO AMEND THE SITE PLAN APPROVED
BY ORDINANCE NO. 2008-48 FOR A RESORT
POOL/EVENT AREA, IN CONJUNCTION WITH A HOTEL
AND CONVENTION CENTER WITH THE POSSESSION,
STORAGE, RETAIL SALE AND ON-PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE AND MIXED BEVERAGES), OUTDOOR SPEAKERS,
AND TEMPORARY SIGNAGE FOR THE SEASONAL "ICE"
EVENT IN A DISTRICT ZONED "PCD" PLANNED
COMMERCE DEVELOPMENT 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 consider the following factors
in making a determination as to whether this requested conditional use permit should be
granted or denied; effect on the congestion of the streets, the fire hazards, panics and
other dangers possibly present in the securing of safety from same, the effect on the
promotion of health and the general welfare, effect on adequate light and air,the effect on
the overcrowding of the land, the effect on the concentration of population, the effect on
the transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been
satisfied by the submission of evidence at a public hearing; and
WHEREAS,the City Council further considered among other things the character of
the existing zoning district and its peculiar suitability for particular uses and with the view to
conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS,the City Council of the City of Grapevine,Texas, does find that there is
a public necessity for the granting of this conditional use permit,that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration of
population,facilitates the adequate provisions of transportation,water,sewerage, schools,
parks and other public requirements; and
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
ORD. NO. 2
determined that there has been a change in the conditions of the property surrounding and '"
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, an is in the best interest of the public at
large, the citizens of the City of Grapevine, Texas, and helps promote the general health,
safety and welfare of this community.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That 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 CU09-33 to amend the site plan approved by
Ordinance No. 2008-48 for a planned commercial center in conjunction with a hotel and
convention center specifically to allow for a resort pool/event area, along with the
possession, storage, retail sale and on-premise consumption of alcoholic beverages(beer,
wine and mixed beverages), outdoor speakers, and temporary signage for the seasonal
"ICE" event, in a district zoned "PCD" Planned Commerce Development District within the
following described property: Lot 1, Block 1, Opryland Fourth Addition (1000 Gaylord Trail)
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.
ORD. NO. 3
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
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 20th day of October, 2009.
APPROVED:
ATTEST:
ORD. NO. 4
APPROVED AS TO FORM:
ORD. NO. 5