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Item 6A Department of Planning & Development Services S T A F F R E P O R T October 1, 2008 ZA08-076 CASE NO: Zoning Change and Site Plan for Farpointe Cellar Arbor PROJECT: REQUEST: Farpointe Cellar is requesting approval of a zoning change and site plan to allow an arbor to be constructed as an accessory structure and outdoor seating area in front of the store. The current zoning is “S-P-1” Detailed Site Plan District with “C-2” Local Retail Commercial District uses to include taverns, clubs and other comparable establishments with approval of a Specific Use Permit. The requested zoning is “S-P- 1” with the same conditions, adding the arbor and outdoor seating area as shown. A Specific Use Permit was approved to allow a wine bar adjacent to the Farpointe Cellar retail store July 13, 2004. Conduct public hearing ACTION NEEDED: 1. Consider second reading for zoning change and site plan 2. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses for Commission and Council Members Only (F) Full Size Plans () STAFF CONTACT: Ken Baker (748-8067) Richard Schell (748-8602) Case No. ZA08-076 BACKGROUND INFORMATION OWNER: First Allied Corp. APPLICANT: Farpointe Cellar PROPERTY SITUATION: 721 E. Southlake Boulevard LEGAL DESCRIPTION: Lot 1, Block 1, Pecan Creek Addition LAND USE CATEGORY: Retail Commercial CURRENT ZONING: S-P-1 Detailed Site Plan District REQUESTED ZONING: S-P-1 Detailed Site Plan District HISTORY: -A plat showing was approved by City Council on July 3, 1979 creating two lots known as the Dilg Addition. -City Council approved a plat revision on February 22, 1984 creating 3 lots out of the existing Lot 2. -“C-2” zoning and concept plan (ZA01-077) were approved by City Council on October 2, 2001. -A preliminary plat (ZA02-052) was approved for the Pecan Creek development on January 7, 2003. -A plat vacation (ZA02-054) of the Dilg Addition was also approved by City Council on January 7, 2003. -A Specific Use Permit (ZA02-099) for the sale of alcoholic beverages was approved January 7, 2003 and will expire August 31, 2008. -A site plan (ZA02-051) was approved by City Council January 7, 2003 -A final plat was approved by P&Z on January 9, 2003. -A zoning change and site plan (ZA04-034) was approved by City Council on July 13, 2004. - A Specific Use Permit (ZA04-035) for a tavern wine bar was approved by City Council on July 13, 2004. PATHWAYS MASTER PLAN: An eight-foot natural multi-use trail runs through the west side of the property and connects to an existing eight-foot multi-use trail that runs along the south side of Southlake Boulevard. An eight-foot multi-use trail is planned for the north side of Southlake Boulevard. An on-street bikeway is also planned for Southlake Boulevard. WATER & SEWER: Water and sewer service are existing. No new extension or modification is needed. Case No. Attachment A ZA08-076 Page 1 DRAINAGE ANALYSIS: The proposed structure should not have an impact on existing storm water run-off or systems. TREE PRESERVATION: No tree removal is proposed LANDSCAPE COMMENTS: Any alteration to the existing landscaping will require the submittal of a detailed landscape plan of the proposed alterations and is required to follow the regulations of the Landscape Ordinance. P&Z ACTION: September 4, 2008; Approved (7-0) requesting the applicant to provide a more detailed landscape plan and materials proposed for the arbor for presentation to City Council. st CITY COUNCIL ACTION: September 16, 2008; 1 Reading Approved on Consent (5-0). STAFF COMMENTS: A zoning change and a site plan are required to allow an arbor to be constructed as an accessory use in front of the store. The existing “S- P-1” letter is attached. The zoning change to allow the arbor would be an addition to the current “S-P-1” regulations. N:\Community Development\MEMO\2008cases\076 - ZSP - Farpointe Wine Cellar - 721 E Southlake Blvd\Staff Report\08-076ZSP CC 09-16- 2008.doc Case No. Attachment A ZA08-076 Page 2 Farpointe Cellar Case No. Attachment B ZA08-076 Page 1 Plans and support information 1 Case No. Attachment C ZA08-076 Page 1 Pecan Creek Elevations 2 Case No. Attachment C ZA08-076 Page 2 Site Plan 3 Case No. Attachment C ZA08-076 Page 3 Site Plan 4 Case No. Attachment C ZA08-076 Page 4 Existing “S-P-1” Letter 5 Case No. Attachment C ZA08-076 Page 5 Surrounding Property Owners Map Farpointe Wine Cellar SPO # Owner Zoning Land Use Acreage 1. Low Density Residential, Medium Density Residential, Office Foxborough Office Bldg Prtnsh C1 Commercial 1.63 2. Medium Density Residential, 100- Southlake-Foxborough Ltd SF20A Year Flood Plain 1.49 3. 100-Year Flood Plain, Retail Hov Re Llc SP1 Commercial 1.88 4. Retail Commercial, Office Pecan Creek Shop Cntr Dallas SP1 Commercial 1.84 5. 100-Year Flood Plain, Retail Hcp Crs2 Ltach-Baylor Southlak SP1 Commercial, Office Commercial 4.52 6. Rcck Enterprises Llc O1 Office Commercial 0.91 7. Pecan Creek Southlake Prtns Lp RPUD 2.30 8. Retail Commercial, Office Pecan Creek Southlake Prtns Lp RPUD Commercial 0.99 9. Retail Commercial, Retail Commercial, Retail Commercial, Venus Drews Partners V Lp RPUD Office Commercial 3.67 10. Low Density Residential, Office Marsh Property Holdings Lp C2 Commercial 0.55 2 Case No. Attachment D ZA08-076 Page 1 Surrounding Property Owner Responses Farpointe Cellar Notices Sent: Ten (10) Responses Received: One (1) 1) Marsh Property Holdings LP Notification , 670 E. Southlake Blvd., Southlake, TX; Submitted a In Favor Of Response Form stating on August 25, 2008 (attached). Case No. Attachment E ZA08-076 Page 1 Case No. Attachment E ZA08-076 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-440A 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 “S-P-1” DETAILED SITE PLAN 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 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 AND TO ALLOW AN ARBOR STRUCTURE, 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 Case No. Attachment F ZA08-076Page 1 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 “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 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 29 Case No. Attachment F ZA08-076Page 2 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 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 Case No. Attachment F ZA08-076Page 3 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 “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 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 and to allow an arbor structure, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1.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”.” 3. An arbor structure is allowed as shown on the approved site plan (attached). 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 Case No. Attachment F ZA08-076Page 4 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 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. Case No. Attachment F ZA08-076Page 5 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. 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 ____ day of____, 2008. Case No. Attachment F ZA08-076Page 6 _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of ____, 2008. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA08-076Page 7 EXHIBIT “A” 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. Case No. Attachment F ZA08-076Page 8 EXHIBIT “B” Case No. Attachment F ZA08-076Page 9 Case No. Attachment F ZA08-076Page 10 SITE PLAN WITH ARBOR Case No. Attachment F ZA08-076Page 11 Case No. Attachment F ZA08-076Page 12 Case No. Attachment F ZA08-076Page 13 Case No. Attachment F ZA08-076Page 14 Case No. Attachment F ZA08-076Page 15 Case No. Attachment F ZA08-076Page 16 Case No. Attachment F ZA08-076Page 17