HomeMy WebLinkAboutItem 06 - CU08-12 Grapevine Beer and Wine � �-��, �:� 2�
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER��
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOF��
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MEETING DATE: MAY 20, 2008
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDfTIONAL USE APPLICATION CU08-12
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Grapevine y��
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i qa � APPLICANT: Suresh Dovra
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"°rtn`"es � PROPERTY LOCATION AND SIZE:
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��a�="°��� �, y?� � The subject property is located at 2100 West
, � Northwest Highway #215, and is platted as Lot 4,
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Grapevine Plaza Addition.
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previouslv aqqroved
site plan of CU96-07 (Ord. 96-25) for a planned commercial center, specifically to allow
the possession, storaqe, retail sale and off-premise consumption of alcoholic beverages
(beer and wine only) in coniunction with a convenience store.
The applicant proposes to establish a convenience store with alcoholic beverage sales.
The 1,615 square foot retail space, formerly occupied by Dream Dinners, is proposed to
be used for the sale of beer and wine along with other items typically found in a
convenience store.
PRESENT ZONING AND USE:
The property is currently zoned Site Plan District and "CN" Neighborhoad Commercial
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District and is developed as the Grapevine Plaza Shopping Center.
HISTORY OF TRACT AND SURROUNDING AREA:
The Grapevine Plaza Shopping Center was rezoned in the 1984 City Rezoning from "C-2"
Community Business District to "CN" Neighborhood Commercial District. The property
was rezoned to Site Plan District (Z85-10) allowing development of a shopping center with
a grocery store with off-premise consumption of alcoholic beverage sales. The Shopping
Center users would be limited to those uses listed in the "CN" Neighborhood Commercial
District. At the April 16, 1996 meeting Council approved CU96-07 for the
expansion/reconfiguration of the front end of the former store (Albertson's) to
accommodate new automatic entry/exit doors, cart storage area, in-store banking facilities
and relocated alcohotic beverage display sales area from the middle of the store to the
southeast corner of the store.
The property to the west was rezoned in the 1984 City Rezoning from "R-1" Single Family
District to "R-3.5" Two Family District. Zone change request Z89-17 approved the
rezoning from "R-3.5" Two Family District to "CC" Community Commercial District. At the
October 17, 2006 meeting Council approved zone change request Z06-12 from "CC"
Community Commercial District to "R-TH" Townhouse District and Planned Development
overlay PD06-08 which included deviations from the density requirements and area
regulations found in the "R-TH" Townhouse District. The townhouse site (Townhomes of
Westgate) is under construction. At the August 15, 2006 meeting Council approved
CU06-31 for a medical office on the site south of the townhouse development. At the
April 17, 2007 meeting Council approved CU07-04 for a veterinary clinic (Animal
Emergency Hospital —under construction) on the site south of the townhouse
development.
The property to the north was rezoned in the 1984 City Rezoning from "R-1" Single
Family District to "R-TH" Townhouse District. Zone change request Z93-07 approved the
rezoning from "R-TH" Townhouse District to "R-5.0" Zero Lot Line District. The property
is developing as Oak Meadows Addition.
The property to the east was rezoned in the 1984 City Rezoning from "SP" Specific Use
Permit to "PO" Professional Office District. The property was developed as office uses
prior to 1984.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R-5.0" Zero Lot Line District - Oakwood Meadows Addition
SOUTH: "CN" Neighborhood Commercial District - Grapevine Plaza
Shopping Center& City of Southlake
EAST: "CN" Neighborhood Commercial District & "PO" Professional
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Office District - Grapevine Plaza Shopping Center, Professional
Office buildings
WEST: "CN" Neighborhood Commercial District - Undeveloped Grapevine
Plaza Shopping Center, Townhomes of Westgate and Animal
Emergency Hospital
AIRPORT IMPACT:
A portion of 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 a Low Intensity Commercial land
use. This request is in conformance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Park Boulevard, which is the street adjacent to the
site on the east, as a Type A Major Arterial with a minimum 100-foot right-of-way ¢ �
developed as six lanes with a median.
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G� VIl@IEE
T E �R A S
'` � CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Na e�f,epplicant/a t./company/contact
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Stle t address of app'ant/agent: �
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C�ty/ ate/Zip C de of ap�qf/agent.
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Telephone n r of pplicant/agent: Fax number of applicanUagenf
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Email address of applicant/agent bile phone numbe�of applicanbagent
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ApplicanYs interest in subject properfy:
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PARS'2. PROpERTY INFORMATION
Street address of subject property
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Legai descri tion of subject property(metes&bounds ust b des bed on 8 1/2"x 11"shee)
Lot Block Addition � � �� � � �� -" �(�
Size of su ject property
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Acres ✓° I� 5, � �, S uare foota e
P esent zonin c/assificationC� Pr osed use of the property:
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Minimum/maximum district size for conditional us request:
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Zoning or i�an e provision requiring a conditiona/use:
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PART 3. ROPE TY OWNER INFORMATION
Name rrent pro owner.•
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Street address of property owner:
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Cify/State/Zip Code of r� erty own �:
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Tele one number of operty owner.• Fa mber of property owner.
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❑ Atfach a final plat,or rep/at, of the app�oved subdivision by city counci/showing property boundary/ines, dimensions, easements,
roadways,rail lines, and public rights-0f way crossing and adjacent to the tract(1 blueline copy)
� If a rnaster development plan is required, attach a stafement showrng the proposed use substantially conforms to the maste�development
plan.
❑ Submrt a site plan showing all information required by Section 47.E., Site Plan�eview requirements(see attached requirements).
❑ Provide a//required info�mation demonstrating compliance with a//conditions imposed on any conditiona/use, site p/an zoning, or
conditional use zoning.
❑ All site plans must conform fo the approved concept plan. Any changes to a site plan, approved with a conditional use or a conditional
use, can on! be a roved b cit council throu h the ublic hearin rocess.
PART 4. SIGNATURE TO AUTHORIZE FILING OF A FINAL SITE PLAN
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PrintApplicant's Name: Applicant's Signafure:
The State Of � r /�C�,_J
County Of ,��;l�`(,��
Before Me ����� �����,�C°�J on this day pe�sonally appeared Cy7(.�1 ��Y 1 �\;��
� (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
acknow/edged to me that he execufed the same for the purposes and consideration therein expressed.
(Seal tGiv�Y �rmy an a��2�fd�r � dayof ��,�f�i/� ,A.D.
c ELISSA BARBOSA � � �
My Commiuion Expirsa `�. _
December 22, 2p)p �
Sq�E�rt*�9
Notary In And For State Of Texas
PARK PLACE SHOPPING CE�ITER, LTD. ,
a Texas limited partnership �
By Cencor Realty Services, Inc. , its Agent '�. �
Print Property Owners Name: Property Owner's Signature �BP1"Ti� Shc1W
Assistant Vice President
The State Of TeXds
County Of D311as
Before Me Elaine W1Se on this day personal/y appeared �'n3Yd S�W
(notary) (property owner)
known to me (or proved to me on the oath of card or ofher document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged fo me that he executed the same for the purposes and consideration therein expressed.
(Sea!)Given under my hand and seal of o�ce this 3rd day of Apr'll ,A.D. 2008
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: � � � � � Notary in And For State Of Texas
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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 af the discretion of
fhe staff. Based on the size of the agenda, your application may be scheduled to a
/ater 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 wil/nof 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 shal/ 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 schedu/ed before the Commission and Council said application shall
be considered withdrawn, wifh forfeiture of all filing fees. The application, a/ong
with the required filing fee may be resubmitfed 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.
l have read and understand a// of fhe requirements as set forth by the application
for conditional use or specia/ use permit and acknowledge that a/l requirements of
this application have been met at fhe time of submittal.
Signature of Applicant �� ����
Date: �� I�� �� �
, PARK PLACE SHOPP�G, CE�7TER, LTD. ,
a Texas�lunit partnership
By Cef�6r Rea y Services, Inc. , its Agent
Signature of Owner ,� ' ��
' By: Be.rnard sna.w
Its: Assistant Vice President
Date: r �- �i �
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Atten; RESPECTED OFFICER
QTY OF GRAPEVINE
I AM APPLYING FOR THE CONDIITONAL USE PERMIITE FOR TI-�EXISTIIVG SPACE IN A MULTI-TENANT SHOPING CENTER
AT 2100 WEST NORTHWEST HWY ST'E#215,GRAPEVINE,TEXAS-76051.
TT IS A 161 S SQ,FT.SPACE,,,,USEING THIS SPACE AS IS;
NAME OF Tf�BUSINESS LS;GRAPEVIlVE BEER AND WIl�iE
TT IS A SIl�LE CONVENIENCE STORE HAS ALL KIIVD OF RETAII.SALE OF BEER AND WIIVE(OFF PREMISE)AND OTHER
GENERAL MERQiANDISE,,,LII{E,CANDY,GUMS,ALL KIND OF SOFT DRINKS,SCHOOL SUPPLY,PAIXAGE FOODS,SNACKS,
PHOIVE CARDS,PHONE ACCESSORY,CH�S,QGARATTES,AND OTF�R RETAII.GENERAL MERCHANDISE,,,,,
THIS PROPOSED CONDTITONAL USE PERMI'ITE WII.L NOT CAUSE ANY KIIVD OF SUBSTANTIAL HARM TO TF�YALUE,USE OR
'I'Fg FNJOYI►�NT OF OTF�R PROPERTI'IlV TI3E NIIGHBOURHOOD,,,,
THIS PROPOSED CONDTITONAL USE PF.RMII"IE(CONVENff.NCE STORE)WII.L��LP THE O'I��R TENANT IN INCRESING Tf�
VALUE OF TFIE BUSIIVESS AND WII.L ADD TO II�VALUE,USE OR ENJOYMENT OF OTf�R PROPERTY IN Tf�
NEIGHBOURHOOD,,,,,TT WII.L I�LP Tf�NEIGHBOURHOOD TO GET THEIR NEEDS IN A VERY CLOSE
DISTANCE,CONVENIENCE USE,„
THANK YOU FOR T'f�OPPURNIIY„W DOING BUSINESS IN THE GRAPEVINE CiTY,,,
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FROM; "
SURESH DAVRA
GRAPEVIlVE BEER AND WINE
1200 W.NORTHWEST HWY STE#215
GRAPEVINE QIY
TEXAS-76051
972-489-8971 cFt.i-
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• Page I
File #: CU08-12
GRAPEVINE BEER AND WINE �� � � ����
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER `
THAN 5 PM ON MONDAY, MAY 19, 2008
Procedure to Respond:
a Pro rty Owner within 200 feet of the subject tract) or (an interested citizen), I
(approve) protest) and/or (have the following comments)
Current Property Owner Name(printed) �5,�,�-,,.,� �, J �,�,r
Property Address: �//Z �,e��c,�.�,�1� �'�c�� r�,�,��U,,,,r T-� ��-��;L
Lot /j2� , Block �Rr�t��3�fl� 3�'%�'��diti n �/,�/�L,��,� %'�f����%s
Property Owner Signature: �
Daytime phone number: YlT-y�'�-�
Telephone: (817)410-3155 Fax: (817)410-3018
Direct questions and mail responses to: � ,�
Planning Secretary ���������,��
Department of Development Services ,�aY � � �r��
City of Grapevine
, P
P.O. Box 95104 �����°��`����������
Grapevine, Texas 76099
%�(.�� �C '°%
ORDINANCE NO.
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 48 OF ORDINANCE
NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
GRANTING CONDITIONAL USE PERMIT CU08-12 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
96-25 FOR THE POSSESSION, STORAGE, RETAIL SALE
AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION
WITH A CONVENIENCE STORE IN A DISTRICT ZONED
"CN" NEIGHBORHOOD COMMERCIAL DISTRICT
REGULATIONS 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,
schoots, 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
ORD. NO. 2
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 CU08-12 to amend the site plan approved by Ordinance No. 96-25
for a planned commercial center, specifically to allow the possession, storage, retail sale
and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction
with a convenience store (Grapevine Beer & Wine) in a district zoned "CN" Neighborhood
Commercial District Regulations within the following described property: Lot 4, Grapevine
Plaza Addition (2100 West Northwest Highway, Suite 215) 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.
ORD. NO. 3
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 May, 2008.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
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