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Item 8ACity of Southlake Department of Planning STAFF REPORT June 9, 2004 CASE NO ZA04 -034 PROJECT: Lot 1, Block 1, Pecan Creek REQUEST: Farpointe Cellar is requesting approval of a zoning change and site plan. ACTION NEEDED: Consider first reading for zoning change and site plan ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) Background Information Vicinity Map Plans and Support Information Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -440 Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA04 -034 BACKGROUND INFORMATION OWNER: Eliot House Drews, L.P. APPLICANT: Farpointe Cellar PURPOSE: The applicant currently operates a wine store at this location. They would like to take a 1,100 square foot portion of their current store area and convert it into a wine tasting bar that will allow the sale of wine by the glass. A tavern or bar is not permitted under their current "C -2" zoning. They are proposing a zoning change to "S -P -1" that will allow a tavern, bar or similar establishment with approval of a specific use permit. PROPERTY SITUATION: The property is located at 721 E. Southlake Boulevard LEGAL DESCRIPTION: Lot 1, Block 1, Pecan Creek LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "C -2" Local Retail Commercial 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 were approved by City Council on October 2, 2001. -A preliminary plat and specific use permit for the sale of alcoholic beverages were approved for the Pecan Creek development on January 7, 2003. -A plat vacation of the Dilg Addition was also approved by City Council on January 7, 2003. -A Specific Use Permit for the sale of alcoholic beverages was approved January 7, 2003 and will expire August 31, 2008. -A final plat was approved by P &Z on January 9, 2003. Case No. Attachment A ZA04 -034 Page 1 P &Z ACTION: June 3, 2004; Approved (5 -0) subject to and incorporating the staff comments of staff report. STAFF COMMENTS: A site plan is included as part of attachment `C' and `F' of this report. All improvements shown on that plan are existing on the ground. There are no site changes proposed and there is no Site Plan review Summary. The proposed "S -P -l" regulations are also included as part of Attachment 'C'. The following change is needed to the regulations and should be made a stipulation of any recommendation for approval: Under "Permitted Uses" 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." M \Community Development \WP - FILES \MEMO \2004cases \04- 034ZSP.doe Case No. ZA04 -034 Attachment A Page 2 Vicinity Map Lot 1, Block 1, Pecan Creek M Case No. ZA04 -034 Attachment B Page 1 U ^' I I Ir sx � la 1 •aeWl / .or d L r �w �� EEE � C � r ' HO p1T91 STBRAf. OR tuY 1, ro ff ruvaa rum�wY._usE eRAL YE su:T 9YL+ P F w Y E b EoY Z H ro 0 EAgP I I 1 w r FIITiCWP TED CMS7RYG71R1 MAY Um I Er m v o - y 3 ARTWOAlEO QM96]:CT0f1 C9MP4EllCr1 DAR xCY, ley y. I ' dram ui ua,n,e ulcr ca�EY pTN li'weT»c uROw,u� no ava, As Awvcal. I LoT I, awcK 1 —A PECAN CREEK � i I 181E d.. V y I I � / 3 �'', ��'• f �- i -6.�m s tt I �xRIIN � •. ` a FIfTURE PHASE 1 LOT $ BLOCK. 1 5�,.a.Tf' r y ! .i HV.nrnea 2 wemreE� - ,� y €UTURE�PHASE LOT SL 1 . FUTURE PHASE LOT S, BLOCK I SAT % BLOCK 1 1 ` C•"I10E L-1 U 41w - y 3 ARTWOAlEO QM96]:CT0f1 C9MP4EllCr1 DAR xCY, ley y. I ' dram ui ua,n,e ulcr ca�EY pTN li'weT»c uROw,u� no ava, As Awvcal. I LoT I, awcK 1 —A PECAN CREEK � i I 181E d.. 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(DBA Farpointe Cellar) Amendment to Previously Approved Uses and Development Regulations for "S -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 Specific Use Permit in accordance with section 45. Development Reaulations 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 fallowing exceptions: None. c 64-- Greg W il)mon O &W Enterprises, L.P. (DBA Farpointe Cellar) From the world to your glass. 721 East Southlake Boulevard, Southlake, TX 76092 ph: 817.416.7500 fx :817.418.7007 Case No. Attachment C ZA04 -034 Page 2 Surrounding Property Owners Lot 1, Block 1, Pecan Creek J� in Z 0 1 K -AST S LATH L.E BL VD Owner 1. Foxborough Office Bldg. Prtnsh. 2. Southlake - Foxborough Ltd. 3. Creekside Office Jv 4. Eliot House Partners I Lp 5. Eliot House Partners I Lp 6. Eliot House Partners I Lp 7. Eliot House Drew Partners I 8. Venus (Drews) Partners V Lp Zoning Land Use Acreage "C -1" Office Commercial 1.717 "SF -20A" Medium Density Resid. 1.531 & 100 Year Flood Plan "S -P -1" 100 Year Flood Plan 1.963 11 0-1" Medium Density Resid. 2.132 11 0-1" Medium Density Resid. 2.998 & 100 Year Flood Plan 11 0-1" Medium Density Resid. 4.723 "R -PUD" Retail Commercial 2.632 "R -PUD" Retail Commercial 3.569 Case No. Attachment D ZA04 -034 Page 1 Surrounding Property Owner Responses Lot 1, Block 1, Pecan Creek Notices Sent: Eight (8) Responses: None (0) Case No. ZA 04 -034 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS 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 XT, 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 Case No. Attachment F ZA04 -034 Page 1 WHEREAS, the hereinafter described property is currently zoned as "C -2" Local Retail Commercial 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 Case No. Attachment F ZA04 -034 Page 2 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 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 Case No. Attachment F ZA04 -034 Page 3 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 specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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 tractor 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 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. Case No. Attachment F ZA04 -034 Page 4 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. 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 Case No. Attachment F ZA04 -034 Page 5 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 onetime 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 , 2004. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2004. MAYOR ATTEST: CITY SECRETARY Case No. ZA04 -034 Attachment F Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA04 -034 Attachment F Page 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. ZA04 -034 Attachment F Page 8 w � H I—I W a� � an � a v FLIFLIRE PKA.SE LOT d. BLOCK 1 A 1 F UTURE PHASE f LT)T R BLOCK F •+ t r be + gE < I FUTURE PH AS E 2� � � �R • y}L I � AiY fi I f 1 . i � I rs a INI - -- ---- =slE — �� r LOT 1. •.a« I •. a rm PECAN CREEK =m•..w�r uAnr+wa 1.14{ ACMES MWAWD W 1fiE _ OX KNIGHT S WY. ABS Mi T N0. L99, � : CITY OF $p11TMLAWE , WMANT COUNTY. TE.KAS ew..a wv UL� Ctl r,a. Aar w.e w., aTC9bO! 4, :gym I / _ n° error nmA.cr: w wr +, K T ru.ule ru.wi. -u°c �wut m tle alxr me I sll ryi�°r Lax >. wxx i uao rur oaefraucnw SHAH* o•n AggAim W41NCFwl - �°pf4CfMVI� "" I�'Sb.'S„ Q � � °�R � I $ ` .� I ' .r 9 �an c -- 1 a� � an � a v � _ v 1 T r v FLIFLIRE PKA.SE LOT d. BLOCK 1 A 1 F UTURE PHASE f LT)T R BLOCK F •+ t r be + gE < I FUTURE PH AS E 2� � � �R • I I I � AiY fi w�r�. ra � _ v 1 T r v O M I� O O V N FLIFLIRE PKA.SE LOT d. BLOCK 1 LOT L NLOCk. 1 ?I t ¢ q Y Mm i � I rs a - -- ---- =slE — �� LOT 1. •.a« I •. a rm PECAN CREEK =m•..w�r uAnr+wa 1.14{ ACMES MWAWD W 1fiE _ OX KNIGHT S WY. ABS Mi T N0. L99, �nytt ..77 ry(�y G Fa t� F : CITY OF $p11TMLAWE , WMANT COUNTY. TE.KAS ew..a wv UL� Ctl r,a. Aar w.e w., aTC9bO! 4, :gym O M I� O O V N J} � ..0 FAR POINTE 4 CELLAR Farpointe Wine Bar & Bistro Lot 1; Block 1 Pecan Creek Subdivision IA04.Q34 Re; O &W Enterprises, L.P. (DBA Farpointe Cellar) Amendment to Previously Approved Uses and Development Regulations for "S -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 Specific 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. c 64-- Greg W il)mon O &W Enterprises, L.P. (DBA Farpointe Cellar) From the world to your glass. 721 East Southlake Boulevard, Southlake, TX 76092 ph: 817.416.7500 fx :817.418.7007 Case No. Attachment F ZA04 -034 Page 10 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment F ZA04 -034 Page 11