1997-020IV
RESOLUTION NO. 97-20
A RESOLUTION DECLARING A ONE HUNDRED TWENTY (120) DAY
MORATORIUM ON THE APPROVAL OF FILLING STATIONS OR
SERVICE STATIONS WITHIN THE F.M. 1709 CORRIDOR ZONE;
DIRECTING THE PLANNING AND ZONING COMMISSION OF THE
CITY OF SOUTHLAKE TO CONDUCT INVESTIGATIONS AND TO
REPORT TO THE CITY COUNCIL AS EXPEDITIOUSLY AS POSSIBLE
ITS RECOMMENDATIONS RELATING TO THE REGULATION OF
FILLING STATIONS OR SERVICE STATIONS WITHIN THE F.M. 1709
CORRIDOR; PROVIDING FOR A METHOD OF REPEAL OF THIS
MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL
TAKE EFFECT IMMEDIATELY UPON PASSAGE
WHEREAS, the City Council of the City of Southlake has adopted Ordinance No.
480, as amended, as the Comprehensive Zoning Ordinance of the City, which regulates the
location and use of buildings, other structures and land for business, industrial, residential
and other purposes; and
WHEREAS, Chapter 43 of the Comprehensive Zoning Ordinance establishes a
Corridor Overlay Zone adjacent to F.M. 1709 within the city for the purpose of encouraging
pedestrian oriented retail and entertainment uses having high quality urban design
characteristics which are consistent with adjacent residential uses and which are designed to
enhance the visual image of the corridor and to maximize traffic safety; and
WHEREAS, the city has received inquiries regarding the location and development
of filling stations or service stations within the F.M. 1709 corridor which might adversely
affect surrounding properties or the proper and orderly growth of the F.M. 1709 corridor
and the city; and
WHEREAS, the city council desires to maintain the status quo within the city until
such time as the city council has had a reasonable time to review the provisions of the
f:\files\slake\res\servstat.mor (03-14-97) Page 1
Comprehensive Zoning Ordinance related to filling stations and service stations within the
F.M. 1709 corridor and to take appropriate action as may be required to protect the public
health, safety and welfare with regard to the location and development of such uses; and
WHEREAS, a one hundred twenty (120) day moratorium placed on the issuance of
permits for filling stations and service stations in the F.M. 1709 corridor is a minimally
intrusive method of maintaining the status quo until such review can be completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Effective immediately, and for a period of one hundred twenty (120) days, no
application for a permit shall be accepted and no permit shall be issued for any filling station
or service station within the F.M. 1709 corridor in the City of Southlake unless an
application for the permit was received by the city prior to the passage of this resolution or
unless the filling station or service station receives planned unit development zoning
approval from the city council. The purpose of this moratorium is to maintain the status
quo within the city until such time as proper regulations have been adopted with regard to
filling stations or service stations.
SECTION 2.
The term "permit" as used in this resolution shall mean a license, certificate, approval,
registration, consent, permit, or other form of authorization required by law, rule, regulation,
or ordinance that must be obtained by a person in order to perform an action or initiate a
project for which the permit is sought.
f.\files\slake\res\sevstat.mor (03-14-97) Page 2
SECTION 3.
The Planning and Zoning Commission is hereby directed to conduct public hearings
and initiate proper procedures for consideration of possible amendments to the
Comprehensive Zoning Ordinance regarding the location and development of filling stations
or service stations within the F.M. 1709 corridor. In particular, the Planning and Zoning
Commission shall review and consider the most appropriate zoning district for the location
of filling stations and service stations in order to achieve consistency with the Comprehensive
Land Use Plan, the types of development regulations that should apply to filling stations or
service stations, and whether special permitting or approval procedures should apply to such
uses. The Planning and Zoning Commission shall send out notices and hold public hearings
in accordance with Chapter 211 of the Texas Local Government Code and shall elicit citizen
comments with regard to the amendments to be considered.
SECTION 4.
This moratorium shall remain in effect until such time as the City Council has had
a reasonable opportunity to consider and act upon appropriate amendments to the zoning
regulations applicable to filling stations and service stations. Upon final adoption of any
ordinance amending the regulations applicable to filling stations and service stations or upon
a final determination being made by the City Council that amendments are not necessary,
this moratorium shall expire. This moratorium shall automatically expire 120 days from the
date of adoption unless it is specifically extended by additional City Council action.
f:\files\slake\res\secvstat.mor (03-14-97) Page 3
SECTION 5. /
p
PASSED, APPROVED and EFFECTIVE on this / d day of ,1997.
lll
y
Mayor, City of SouthTake
Z
s
ATTEST:
rrx y
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
f:\files\slake\res\servstat.mor (03-14-97) Page 4