Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
September 10, 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.
Consider first reading for zoning change and site plan
ACTION NEEDED:
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: The submitted landscape plan does not account for most of the
existing landscape plant material except for the existing Pond Cypress.
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.
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
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Case No. Attachment B
ZA08-076 Page 1
Plans and support information
1
Case No. Attachment C
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Pecan Creek Elevations
2
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Site Plan
3
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Site Plan
4
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Existing “S-P-1” Letter
5
Case No. Attachment C
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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 Wine Cellar
Notices Sent:
Ten (10)
Responses Received:
None (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
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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
27
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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
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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
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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.
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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
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_________________________________
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
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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.
EXHIBIT “B”
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SITE PLAN WITH ARBOR
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