2001-064 ResolutionRESOLUTION NO. 01-064 OMCIAL RECORD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, DIRECTING THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF SOUTHLAKE TO CONVENE AND
CONDUCT SUCH PUBLIC HEARINGS AS THEY DEEM NECESSARY
AND APPROPRIATE TO DETERMINE WHETHER THERE IS A NEED
FOR EXPEDITED COMPLIANCE WITH THE DISTRICT REGULATIONS
OF ORDINANCE NO. 480, AS AMENDED, THE CITY'S MUNICIPAL
ZONING ORDINANCE, AS IT RELATES TO THE LEGAL NON-
CONFORMING USE OPERATING AS A CONCRETE PRODUCTION
FACILITY LOCATED AT 1635 BRUMLOW; DIRECTING THE BOARD
THAT IF IT SHOULD FIND SUCH EXPEDITED COMPLIANCE TO BE
APPROPRIATE, TO CONVENE AND HOLD SUCH HEARINGS AND
PROCEEDINGS AS ARE NECESSARY TO DETERMINE THE
AMORTIZATION VALUE OF THE LEGAL NON -CONFORMING USE
RIGHTS, IF ANY, RELATING TO SAID PROPERTY; AND DIRECTING
THE BOARD TO ESTABLISH ANY SUCH AMORTIZATION VALUE OR
TIME PERIODS THAT THE BOARD FINDS APPROPRIATE PURSUANT
TO THE AUTHORITY GRANTED THE BOARD UNDER SECTION 44.3d
OF THE MUNICIPAL ZONING ORDINANCE; DIRECTING THE BOARD
TO FORWARD A REPORT OF SUCH FINDINGS TO THE CITY
COUNCIL AT THE CONCLUSION OF ITS PROCEEDINGS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake has adopted Ordinance No. 480, and
amendments thereto, (the "Municipal Zoning Ordinance"), pursuant to the provisions of
Chapter 211 of the Texas Local Government Code; and
WHEREAS, the Municipal Zoning Ordinance divides the City into districts and
within each district establishes the use or uses to which land or structures may be
placed; and
WHEREAS, certain uses of property or structures exist within the City that do not
conform to the provisions of the Municipal Zoning Ordinance, as amended, but are
designated as legal non -conforming uses as they were created lawfully, prior to the
enactment or change in zoning regulations creating the non -conformity; and
WHEREAS, as the City grows and develops, a legal non -conforming use may
become a burden on surrounding development and the City as a whole due to
incompatibility of uses created by environmental effects, traffic, use impacts or other
factors; and
WHEREAS, the Municipal Zoning Ordinance, in Sections 6.11 and 44.3.d,
provides the Zoning Board of Adjustment may conduct hearings to determine the
appropriateness of amortizing a legal non -conforming use that may have become a
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burden on the community by its impact on surrounding properties, and to terminate the
non -conforming use; and
WHEREAS, the Zoning Board of Adjustment is authorized to determine the value
of the legal non -conforming use if it is to be brought into expedited compliance with the
Municipal Zoning Ordinance; and
WHEREAS, the concrete batch plant operated by Hanson Aggregate, Inc. at
1635 Brumlow, under the name Pioneer Concrete, has been treated as a legal non-
conforming use by the City of Southlake for a number of years; and
WHEREAS, the concrete operation at that site has been reported to have
created a number of concerns in the community due to allegations of dust generation,
noise generation, vehicle operations of a type and character that create traffic hazards
on the surrounding street; and
WHEREAS, complaints have arisen concerning the impact on surrounding
property values, neighborhood character, and limitations on development and use
options suffered by surrounding property owners due to the highly intense character of
this use; and
WHEREAS, the existence of a use of this intensity within the zoning district and
along the roadway where it is situated may have negative impacts on the city's
opportunities to secure implementation of its comprehensive land use plans,
thoroughfare plans and economic development programs; and
WHEREAS, pursuant to Texas law and the provisions of the Municipal Zoning
Ordinance, a city may conduct a determination as to whether there is a need for
expedited compliance to require a legal non -conforming use to come immediately into
compliance with the use requirements and restrictions of the Municipal Zoning
Ordinance; and
WHEREAS, after due and careful consideration, the City Council of the City of
Southlake has determined that it is reasonable and appropriate for such a determination
to be made as to the status of the concrete plant located at 1635 Brumlow; and
WHEREAS, as a portion of the determination of the need for expedited
compliance, Texas law provides that if such compliance is deemed to be necessary
and/or appropriate the property owner should be compensated for any unamortized
value of their non -conforming use which would be lost through expedited compliance;
and
WHEREAS, Texas law and the Municipal Zoning Ordinance provide that the
Zoning Board of Adjustment of the City of Southlake is the Board authorized to hold
hearings and reach a determination on the amount of unamortized value remaining in
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any legal non -conforming use that is identified for expedited compliance with the Zoning
Ordinance; and
WHEREAS, the Southlake City Council believes that the Board of Adjustment
should immediately review the property located at 1635 Brumlow for expedited
compliance and a determination of unamortized value; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
The Zoning Board of Adjustment of the City of Southlake is hereby directed to
convene and conduct such hearings as it deems necessary and appropriate, pursuant
to Texas law and the requirements of Ordinance No. 480, as amended, the Southlake
Municipal Zoning Ordinance, to determine whether or not expedited compliance with the
use restrictions applicable to the zoning classifications now existing on the property
located at 1635 Brumlow should be made immediately effective to that property,
notwithstanding its legal non -conforming use status. The Board shall consider
comments and concerns of interested parties and shall make a determination as to
whether expedited compliance is necessary and appropriate at this time.
SECTION 2
If the Board should find that expedited compliance is necessary, the Council
directs the Board to convene and conduct such public hearings as are necessary under
Texas law and the provisions of the Zoning Ordinance to determine the unamortized
value of the legal non -conforming use rights, if any, remaining in the Hanson Aggregate
facility located at 1635 Brumlow. In order to determine a dollar value for any rights
remaining that would be lost through expedited compliance, the Board is directed to
conduct such discovery, pursuant to its authority under the Municipal Zoning Ordinance,
to establish such value. The Board shall, during the course of the hearing, accord the
property owner the opportunity to present any and all relevant and competent evidence
that it believes necessary and appropriate to demonstrate its unamortized value or
interest in the facility.
SECTION 3
The Zoning Board of Adjustment shall determine a final amount of unamortized
value, if any, that would be lost if expedited compliance is required. The Board will also
determine the average profit generated within the last year on the operation of this
facility and will make a formal finding in that regard to allow the City Council to
determine the length of time, if any, that would be appropriate to allow this facility to
continue operating in order to recover any unamortized value.
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SECTION 4
The Zoning Board of Adjustment is directed to return a report to the City Council
of its findings regarding the items identified in Sections 1, 2, and 3 above.
SECTION 5
The City Secretary is hereby directed to provide a copy of this resolution to the
Board of Adjustment.
This resolution shall be effective upon its adoption.
PASSED AND APPROVED THIS THE c DAY OF
2001.
ATTEST:
6&
11fityrecretary
0
Approved as to form:
a,
City Attorneyd
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