2000-034Resolution No. 00-34
Page 1
RESOLUTION NO. 00-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR RAINBOW PLANT SALES FOR THE
OUTSIDE DISPLAY AND SALES OF FLATS OF SEASONAL
BEDDING PLANTS AND HANGING BASKETS ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
BEING LEGALLY DESCRIBED AS TRACTS 1112A AND 113211
SITUATED IN THE JOHN A. FREEMAN SURVEY,
ABSTRACT NO. 529, AND BEING APPROXIMATELY 1.909
ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A", AND AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for the outside display and sale of flats of seasonal
bedding plants and hanging baskets has been requested by a person or corporation having a
proprietary interest in the property zoned as `B-1" Business Service Park District; and,
WHEREAS, in accordance with the requirements of Section 43.6 of the City's
Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have
given the requisite notices by publication and otherwise, and have afforded the persons interested
and situated in the affected area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that the granting of such
Specific Use Permit is in the best interest of the public health, safety, morals and general welfare
of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
A Specific Use Permit is hereby granted for the outside display and sale of flats of seasonal
bedding plants and hanging baskets on the property being legally described as Tracts 1B2A and
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Resolution No. 00-34
Page 2
1B2B situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 1.909
acres, more fully and completely described in Exhibit "A", and as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date, subject
to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth
herein. The following specific requirements and special conditions, if any, shall be applicable to the
granting of this Specific Use Permit:
1. This permit is subject to Concept Plan Review No. 3, dated March 31, 2000, per the
Planning and Zoning Commission motion and the following conditions;
2. There shall be no fence enclosure;
3. The applicant shall replace the grass in the sales area at the end of each sales period;
4. The applicant shall maintain the neat and orderly appearance of the sales area;
5. The applicant may have an umbrella -type shade structure; however, no tents shall be
allowed;
6. The hours of operation are restricted to 7:30 a.m. to dark seven days per week;
7. The sales period shall be from March 15 through July 15 and September 15 through
December 7;
8. This permit shall expire in two years; and
9. Any other conditions of this Specific Use Permit are as stated in the motion made by
the City Council at the regular meeting on April 4, 2000, attached hereto and
incorporated herein as Exhibit "C."
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
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Resolution No. 00-34
Page 3
PASSED AND APPROVED THIS 4 DAY OF I a
CITY OF SOUTHLAKE
B Y
Rick Stacy, Mayor
ATTEST:
vS H Lqp. .....!t•
XJ sem: 041, iXc
Sandra L. LeGrand C, 0
City Secretary
uS•
APPROVED AS TO FORM:
City Attorney
City of Southla exas
2000.
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Resolution No. 00-34
Page 4
EXHIBIT "A"
PROPERTY•tEGALjDESOAIP ION
TRACT 1B2A:;;
Being a tract or parcel of land situated in,the J.A ,Freeman Survey,>A-529, Tarrant County; ,Texas
and being a portion of a tract as conveyed tobD _W'*'Nail by Lois4Horton 6 de4.r'ei orded on
Page 119 of Volume 2357 in the Tarrant County Deed Rec ocds_and being more particulaiiy
described as follows:
BEGINNING in'the South right -of -w f %gh_'ay= o' .1709 and bin West aaylineoF,M w euig
distance of 1327.77 feet from the Northeast corner of said NOi fract'aibd,being at the intersection
of the South right -of way line of said F• M:- Highway No ',1 X09 with the> West luie of said Nail
tract; s' :
THENCE South 89 degrees 15 minutes.East along.the,Souih right-of-way fine of said F. M. "
Highway No. 1709 'as distance of 270.0
it . -{• -_ w" ', 't', •ti- ,
to
THENCE South 1 degree 00 minutes West"a distance of 146,64" feet",
THENCE North 89 degrees 15 minutes West a distanc_e'of 270.(1 foal to the West`Iute ofsaid Nail
tract;
z •3t. ;
THENCE North lr'degree 00 minutes East along the West line of said Nail tract, ajdistance of _-
146.64 feet to place of beginning, containing ,909 acre of land more.or less.-,_,,
TRACT 1B2B:
Being a tract or parcel of land situated idthe J.A, FREEMAht`SURVEY; A-529, Tarrant County,
Texas and being a portion of a tract as conveyed to I)r. W:R.Nail by Lois Hortotf-by deed'
recorded on Page I I9'of Volume 2357 in -the Tarrant County Deed Record's and,'6eing more „.
particularly described as follows: '-
4;'' :.'•`" z Y " `' '''
BEGINNING in -the West line f said Nag, n
t' ` ; 'Vit. . •: , 7. ` . otracfand"bein'gyVest`a?distaitceof 1,327.17 -feet' and
South 1 degree 00 minutes West a distance 162.5,feei from ttie•Noi theasi corner of said Nail
tract; 'k> ;
THENCE South 89 degrees 15 minutes East a distance o€270.0 felt;
THENCE South . '• '•. ". ; ' `
x,; ,1 . , - - ".. .
ou I degree 00 minutes.West-a distance of 162:5
THENCE North 89,14 15 minutes Wesdce of 210.0 feet to the West line of said'Nail
tract;
7
THENCE North 1 degree 00 minutes East along theWest line of said Nail tract'a distance of
162.5 feet to place of beginning, containing.l.0 acre of land more' of less.' "
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SITE LAYOUT
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J.A. FREEMAN SURVEY A -529
SQUTHLA"-TAMANT COMM. TEX"
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SITE LAYOUT
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J.A. FREEMAN SURVEY A -529
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RECD PlIAR 2 8 2000
SPECIFIC USE PERMIT for
RAINBOW PLANT SALES
Resolution No. 00-34
Page 6
EXHIBIT "C"
REGULAR PLANNING AND ZONING
COMMISSION MEETING
March 23, 2000
Motion was made to approve ZA 00-010 subject to Concept Plan Review No. 2, dated March 17,
2000, with the following amendments:
Deleting Items #1 (parking spaces); #2 (outside storage areas must be on an all weather
surface); and #3 (outside storage areas require screening);
Regarding Item #4 (details of proposed shade structure), requiring the applicant to bring
pictures and details of the shade structure to City Council;
Restricting the SUP to March 15 through July 15 and September 15 through December 7;
Restricting it to bedding plants and hanging baskets not to exceed 12";
No stacking will be permitted of the bedding plants;
Dead grass to be replaced;
Not allowing the fence as shown, but requiring the applicant to bring a picture of the honest
fence to City Council so they can have a look at it and the applicant can convince them it is
needed;
Stipulating that the SUP will expire on March 30, 2002, and
Restricting the hours of operation to 7:30 a.m. to dark seven days per week.
Motion: Peebles
Second: King
Ayes: King, Horne, Boutte, Peebles, Sandlin
Nays: Muller
Approved: 5-1
Motion carried.
Planning and Zoning Commission meeting, 03-23-00, tape 1, section #5696)
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Resolution No. 00-34
Page 7
EXHIBIT "C"
REGULAR CITY COUNCIL MEETING
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS 76092
APRIL 4, 2000
MINUTES
Motion was made to approve Resolution No. 00-34, Specific Use Permit for Rainbow Plant Sales
replacing the term "greenery" with "outside storage, display and sale of flats of bedding plants and
hanging baskets;" without the requested fence; replacing the dead grass; and requiring the shade
structure be an umbrella; subject to the Concept Plan Review No. 3 dated March 31, 2000; with the
SUP for two (2) years in seasons as stipulated; incorporation the Planning and Zoning Commission's
recommendation.
Motion: Kendall
Second: Potter
Ayes: Kendall, Potter, DuPre, and Edmondson
Nays: Fawks, Stacy
Approved: 4-2 vote
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