1997-045City of Southlake, Texas
RESOLUTION NO. 97-45
A RESOLUTION EXTENDING A MORATORIUM FOR AN ADDITIONAL
NINETY (90) DAYS 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 CONTINUE WITH CONDUCTING
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
EXPIRATION OF THE CURRENT MORATORIUM
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 inquires 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 on March 18, 1997 adopted a one hundred twenty (120) day
moratorium on the issuance of permits for filling stations and service stations in the F.M. 1709
corridor in order 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 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, the City Council has determined that an additional ninety (90) days should be
extended in order to allow the Planning and Zoning Commission time to complete its review and
recommendation to the City Council and to allow City Council time to review and take
appropriate action;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. For a period of ninety (90) days, effective upon expiration of the original one
hundred and twenty (120) day moratorium, no application for a permit shall be accepted and no
permit shall be issued for any filling station or service station with 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 the original moratorium 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.
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 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 for ninety (90) days or 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 ninety (90)
days from the date of adoption unless it is specifically extended by additional City Council action.
PASSED,
U I
ATTEST:
Ak"i
Sandra LeGrand
City Secretary
APPROVED AND EFFECTIVE ON THIS 1 DAY OF
1997.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
D \WP-FILES\ORD-RES.\97-45.RES\kb
Mayor Rick Stacy