1999-041EN
Resolution No. 99-41
Page 1
RESOLUTION NO. 99-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR OUTSIDE STORAGE OF PLANTS OR OTHER
GREENERY AS PART OF A RETAIL OPERATION ON
PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS,
BEING LEGALLY DESCRIBED AS, LOT 4, BLOCK 2,
VILLAGE CENTER, PHASE 2, AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN CABINET A,
SLIDES 3095 AND 3096, PLAT RECORDS, TARRANT
COUNTY TEXAS, AND BEING APPROXIMATELY 11.732
ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A", AND AS DEPICTED ON THE APPROVED
SITE PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for outside storage of plants or other greenery as part of
a retail operation has been requested by a person or corporation having a proprietary interest in the
property zoned as "C-3" General Commercial District; and,
WHEREAS, in accordance with the requirements of Section 45.1 (29) 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:
L:\ComDev\WP-FILES\RES-ORD\99-4l.doc
Resolution No. 99-41
Page 2
SECTION 1.
A Specific Use Permit is hereby granted for outside storage of plants or other greenery as
part of a retail operation on the property being legally described as Lot 4, Block 2, Village Center,
Phase 2, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slides 3095 and 3096, Plat Records, Tarrant County, Texas, and being approximately
11. 732 acres, more fully and completely described in Exhibit "A", and as depicted on the approved
site plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific
conditions established in the motion of the City Council and attached hereto and incorporated herein
as Exhibit "C", 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 shall be applicable to the granting of this Specific Use Permit:
1. This permit shall expire on July 1, 2000, unless renewed prior to the expiration date.
2. No additional conditions except those stated in the motion made by the City Council at
the regular meeting on June 1, 1999.
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS DAY OF '1999.
CITY OF SOUTHLAKE
By:a'C'eZo "--
Rick Stacy, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
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Resolution No. 99-41
Page 3
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
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Resolution No. 99-41
Page 4
EXHIBIT "A" j
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Lot 4, Block 2, Village Center, Phase 2, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slides 3095 & 3096, Plat Records, `Tarrant
County, Texas, and being approximately 11.732 acres.
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Resolution No. 99-41
Page 6
EXHIBIT "C"
REGULAR PLANNING AND ZONING
COMMISSION MEETING
May 6, 1999
Motion was made to approve ZA 99-007 subject to Specific Use Permit Plan Review Summary No.
1, dated April 30, 1999; deleting Item 92 (6.2 variance on parking spaces); requiring all retail
merchandise to be located in the store, garden center, or outside storage area; requiring that material
stored in the outside storage area will not exceed 10' in height and will not be seen from State
Highway 114 whichever is more restrictive; placing the propane tanks inside the darkened outside
storage area if legally possible, and if not, adjacent to the darkened outside storage area; requiring
the S.U.P. to be renewed on July 1, 2000; providing color scheme to City Council; and allowing only
two (2) vending machines.
Motion: Peebles
Second: Shankland
Ayes: Peebles, Shankland, Jones, Creighton
Nays: Sandlin, LeVrier
Approved: 4-2
Motion carried.
Planning and Zoning Commission meeting, 05-06-99, tape 1, section #2882)
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Resolution No. 99-41
Page 7
EXHIBIT "C"
Motion was made to approve Resolution No. 99-41, SUP for outside storage of plants or
other greenery as part of a retail operation for Home Depot, as recommended by the
Planning and Zoning Commission, pursuant to the Revised Review Summary No. 1,
dated April 30, 1999; including the letter of commitment from Home Depot regarding
landscaping maintenance.
Motion: Potter
Second: Moffat
Ayes: Potter, Fawks, Moffat, Edmondson, Stacy
Nays: None
Approved: 5-0 vote
Regular City Council Meeting Minutes of June 1, 1999 Page 8 of 15
L: \C O M D E V\ W P -FILE SURE S-ORD\99-4 I. DOC
May 27, 1999
2800 Forest Lane Dallas, TX 75234-7502
The Honorable Mayor and City Council Members
City of Southlake
677 N. Carroll Avenue
Southlake, TX 76492
Greetings,
I am the recently appointed Maintenance Manager for the Home Depot Southwest Division. I visited the
Home Depot in your city this past week. The condition of the landscaping was unacceptable. We have
placed our landscape maintenance contractor on notice and have given him direction to replace the dead
plants. The site will be in compliance with the approved landscape plan by June 1, 1999 and will be
maintained as such for as long as Home Depot owns the property.
I assure you that Home Depot will not allow this condition to be repeated. It is in our best interests, as well
as the City of Southlake's, to have an attractive, well maintained store.
I can not speak to the issues of the past, however, if there are any issues with the building or grounds in the
future, please. ntact me at (972)402-3916.
ADea ctfully
Pea on
Facility Maintenance Manager
Southwest Division
cc: Emilou Barnes
Michael Clark
Sam Atkinson, Store Manager
Troy Rice, District Manager
utA 0 51999
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