480-440CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480-440
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1,
BLOCK 1, PECAN CREEK; AND BEING APPROXIMATELY 1.744
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL
DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT WITH "C-
2" LOCAL RETAIL COMMERCIAL DISTRICT USES TO INCLUDE
TAVERNS, CLUBS, AND OTHER COMPARABLE
ESTABLISHMENTS ONLY WITH THE APPROVAL OF A SPECIFIC
USE PERMIT, AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED
IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures
and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "C -2" Local Retail Commercial
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District under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off -
street parking facilities; location of ingress and egress points for parking and off -street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly requires the
amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original investment was
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made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health
and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue
concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety
and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas,
passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Lot 1, Block 1, Pecan Creek, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet `A', Slide 8248, Plat Records, Tarrant
County, Texas, and being approximately 1. 744 acres, and more fully and completely described
in Exhibit "A" from "C -2" Local Retail Commercial District to "S -P -1" Detailed Site Plan
District with "C -2" Local Retail Commercial District uses to include taverns, clubs, and other
comparable establishments only with the approval of a specific use permit, as depicted on the
approved Site Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the
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following specific conditions:
Permitting the following use with approval of a Specific Use Permit in accordance
with Section 45: "Taverns, clubs, and other comparable establishments under which
the on- premises consumption of alcoholic beverages is permitted subject to issuance of
a specific use permit as required in Section 45 of this ordinance." The mere reference
to this provision within the zoning ordinance does not indicate or imply that the sale or
consumption of alcoholic beverages has been or will be permitted under the alcoholic
beverage laws of the State of Texas. It is only intended to define a location for this
type of use if its existence should be permitted by state law. This use shall be
permitted only with the approval of specific use permits under the provisions of
Section 45 for both the "taverns, clubs and other similar establishments" use and "sale
of alcoholic beverages "."
2. Under "Permitted Uses" of the "S -P -1" letter, change "use #27" to "Taverns, clubs,
and other comparable establishments under which the on- premises consumption of
alcoholic beverages is permitted subject to issuance of a specific use permit as required
in Section 45 of this ordinance." The mere reference to this provision within the
zoning ordinance does not indicate or imply that the sale or consumption of alcoholic
beverages has been or will be permitted under the alcoholic beverage laws of the State
of Texas. It is only intended to define a location for this type of use if its existence
should be permitted by state law. This use shall be permitted only with the approval of
specific use permits under the provisions of Section 45 for both the "taverns, clubs and
other similar establishments" use and "sale of alcoholic beverages "."
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
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comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas,
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where
provisions of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described
herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute
a separate offense.
Page 5
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage
of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required by
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the IV" day of June, 2004.
MAYOR
•.
ATTEST: ,,,•.o�•s ''
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CITY SECRETARY ••••••••�
Page 6
PASSED AND APPROVED on the 2nd reading the 13' day of July, 2004.
YOR
ATTEST:
l
11,41 & 0
SECREETE� ARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: U I- q -n
ADOPTED: 1-13 N
EFFECTIVE: I lb _ Dq
o ` 0 9UTH'
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Page 7
I WA 9 n:
Being Lot 1, Block 1, Pecan Creek, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Cabinet `A', Slide 8248, Plat Records, Tarrant County, Texas, and being approximately
1.744 acres.
Page 8
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Farpointe Wine Bar & Bistro
Lot 1; Block Z
Pecan Creek Subdivision
Re: O &W Enterprises, L.P. (DBA Farpointe Cellar) Amendment to Previously
Approved Uses and Development Regulations for "5 -P -1" Zoning.
Permitted Uses
This property shall be limited to the permitted uses as found in the C -2 Local Retail
Commercial District as described in Section 21 of the Comprehensive Zoning Ordinance
No. 480, as amended, to include use # 27 with approval of a Spec Use Permit in
accordance with section 45.
Development Regulations
This property shall be subject to the development regulations for the C -2 Local Retail and
Commercial District, and all other applicable regulations with the following exceptions:
None.
� 5 7
Greg Wil mon
O &W Enterprises, L.P. (DBA Faipointe Cellar)
From the world to your glass.
721 East Southlake Boulevard, Southlake, 7.X :76092
pfi_ 817.4167500 1x: 817:416.7047
Page 10
INVOICE Preview
Star-Telegram Customer ID: CIT57
400 W. 7th Street Invoice Number: 243090631
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 6/25/04
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 6/30/04
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 24309063
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn JEAN . COLEMAN Publication Date: 6/25/04
Description {ice.ti Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is1.he 13580 1 130 130 LINE $0.81 $105.30
cllr Lr
SOUTHLAKE A ZONING CHANGE
Notice is hereby given ON A CERTAIN
by the City Council of TRACT OR TRACTS
the City of Southlake, OF LAND WITHIN $I05.30
Texas, that a public THE CITY OF Net Amount:
hearing will be held SOUTHLAKE TEX-
on July 13, 2004, at AS BEING LEGALLY
6:00 p.m. or immedi- DESCRIBED AS LOT
ately following the 1, BLOCK 1 PECAN
Work Session, during CREEK AND BEING
the Regular City APPROXIMATELY
Council meeting to be 1.744 ACRES AND
held in the City MORE FULLY AND
Council Chambers of COMPLETELY DE-
Town Hall, 1400 Main CRIBED IN EXHIBIT
Street, Southlake, "A" FROM "C-2" LO-
Texas.Purpose of the CAL RETAIL COM-
public hearing is to MERCIAL DISTRICT
consider the second TO 'S-P-1" DE-
reading of the fol-, TAILED SITE PLAN
lowing ordinance: i DISTRICT WITH "C-,
ORDINANCE NO. 2" LOCAL RETAIL
480-440 COMMERCIAL DIS-i
AN ORDINANCE TRICT USES TO IN-
NAN0CLUBSESNCEE O. 48 ,AS AND TAVERNS
- -
PE VTABA COMPARABLE
IHMNT ',�--,-4-
ZONING ORDI- ONLY WITH THE i�� " ��i CHRISTY L.HOLLAND
MANGE OF THE CITY APPROVAL OF A j+ '` MY COMMISSION EXPIRES C. SOUTHLAKE SPECIFIC USE _ 1
TEXAS: GRANTING PERMIT, AS DE- o'',6 1�� .. JULY 31,2004
' PICTED ON THE
APPROVED SITE
THE STATE OF TEXAS PLAN ATTACHED
HERETO AND IN-
County of Tarrant CORPORATED
HEREIN AS EXHIBIT
THE SUBJE IC REO-
Before me, a Notary Public in and QUIREMENTS CON- te, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Tele ram ORDINANCE; coR- .at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
OF-
that the attached clippingof an ad RECTING THE OF- d in the above nam paper on the listed d(,() _i&____ -
s: BIDS 8 LEGAL DEPT. STAR TLEGRAM
FICIAL ZONING
(817) 390-7320 MAP: PRESERVING
ALL OTHER POR •
-
TIONS OF THE
ZONING ORDI-
NANCE; DETER- 1
MINING THAT THE -INTEREST,
SUBSCRIBED AND SWORN TO MORALS AND
,dnesday, June 3 ,2 0 ,
DEMAND THE ZON-
ING CHANGES AND
HEREIN D M MADE y public
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES;
PROVIDING A SEV-
ERABILITY CLAUSE;
Thank You For Your P PROVIDING FOR A FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE_;
PROVIDING FOFF,
PUBLICATION IN'
THE OFFICIAL
NEWSPAPER,'
AN EF--
Remit To: Star-Telegrat FEC ECTIONT7. Customer ID: CIT57
Any person, firm or
P.O. Box 90. corporation t ,diobeys,om vio-
lates, Customer Name: CITY OF SOUTHLAKE
neglects or refuses to
FORT WOR e sPSy get
enforoeo 2051 Invoice Number: 243090631
ment of any of the
provisions of this or-
dinance shall be fined Invoice Amount: $105.30
not more than Two
Thousand Dollars
($2,000.00) for each PO Number:
offense.Each day that
a violation is permitted
to exist shall consti- Amount Enclosed:
lute a separate of-
fense.
City of Southlake
Lori Farwell
City Secretary