Item 7ACity of Southlake
Department of Planning
STAFF REPORT
July 7, 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: 1. Conduct public hearing
2. Consider approval of second 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 Con nri.Won and Corsncil 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.
COUNCIL ACTION: June 15, 2004; Approved first reading (7 -0) as approved by the Planning and
Zoning Commission and including the staff comments in the 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 -1" 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.doc
Case No.
ZA04 -034
Attachment A
Page 2
Vicinity Map
Lot 1, Block 1, Pecan Creek
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Case No.
ZA04 -034
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FAR POINTE & CELLAR
Farpointe Wine Bar & Bistro
Lot 1; Block 1
Pecan Creek Subdivision
ZA04-03
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 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
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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 15"' day of June, 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
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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