Item 7CCase No.
ZA19-0024
S T A F F R E P O R T
May 14, 2019
CASE NO: ZA19-0024
PROJECT: Zoning Change and Site Plan for Cates Landing aka Ward Retail
EXECUTIVE
SUMMARY: Donnie and Leigh Ann Ward are requesting 1st Reading approval of a Zoning
Change and Site Plan on property described as Lot 34, F. Throop No. 1511
Addition, an addition to the City of Southlake, Tarrant County, Texas and located
at 2199 E. Dove Road, Southlake, Texas. Current Zoning: “C-1” Neighborhood
Commercial District. Proposed zoning: “S-P-1” Detailed Site Plan District. SPIN
Neighborhood #4.
DETAILS: The property is generally located on the northeast corner of a 0.85 acre property
located at the intersection of E Dove Road and N Kimball Avenue.
The purpose of this item is to change the zoning from “C-1” Neighborhood
Commercial District to “S-P-1” Detailed Site Plan District to add a commercial
school for personal fitness training as a permitted use in addition to the C-1”
District uses in the existing approximately 7,428 square foot building. The
proposal limits the maximum permitted area for the additional use to 1,100
square feet.
Site Data Summary Chart
Site Plan
Existing Zoning “C-1” Neighborhood Commercial District
Proposed Zoning “S-P-1” Detailed Site Plan District
Land Use Designation Retail Commercial
Gross Acreage .85
Number of Lots 1
Area of Open Space (sf) 14,661
Percentage of Open Space (15% min) 39.74 %
Percentage of Impervious Coverage (85%
max.) 60.26%
Building Area 7,316 sf (3,659 sf footprint)
Number of Stories 2
Maximum Building Height Approx. 32’
Required Parking 5 for office /retail, 5 for cleaners, 17 for salon, 4
for fitness total: 31
Provided Parking 39
Case No.
ZA19-0024
Previously approved variances (ZA15-136)
1.Driveway separation
The applicant plans to utilize two existing drive approaches for the
development. Neither approach maintains the 200-foot required separation
from the intersection of Dove Road and Kimball Avenue. Because the
property does not have 200 feet of frontage on either the north or east
property frontages, and because the driveways are existing, the applicant
requests a variance to allow driveway spacing under 200 feet from the
intersection of Dove Road and Kimball Avenue.
2.Tree preservation
The applicant plans to remove two existing trees on site, which comprise the
large majority of existing tree coverage. The tree preservation ordinance
requires that at least 70% of tree canopy coverage be maintained in cases
where less than 20% of the total site is currently covered by tree canopy.
Because the existing overhead easement and drive approaches limit the
manner in which the property could be developed while preserving the trees,
the applicant requests a variance to allow the trees to be removed.
ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Site Plan
ATTACHMENTS: (A)Background Information
(B)Vicinity Map
(C)Site Plan Review Summary No. 2, dated May 3, 2019
(D)Surrounding Property Owners Map
(E)Surrounding Property Owners Responses
(F)Ordinance No. 480-761
Full-Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to Applicant’s Narrative
Link to “S-P-1” Regulations
Link to The Exercise Coach Narrative
Link to Plans
Pages 1-2 Site Plan and Elevations
Link to SPIN Report
STAFF CONTACT: Ken Baker (817)748-8067
Patty Moos (817) 748-8269
Case No. Attachment A
ZA19-0024 Page 1
BACKGROUND INFORMATION
OWNER/APPLICANT: Donnie and Leigh Ann Ward
PROPERTY SITUATION: 1500 N. Kimball Avenue, Southlake, Texas.
LEGAL DESCRIPTION: Lot 34, F. Throop No. 1511 Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: “C-1” Neighborhood Commercial District
PROPOSED ZONING: “S-P-1” Detailed Site Plan District
HISTORY: June 20, 1972; City Council rezoned the property from “AG” Agricultural
District to “L” Light Commercial District.
September 19, 1989; City Council placed “C-1” zoning on the property
with the adoption of Zoning Ordinance No. 480.
April 20, 2004; City Council approved a Specific Use Permit was
approved by City Council to allow a snow-cone stand for the months of
April through August. (ZA04-014)
March 15, 2005: City Council approved a Specific Use Permit l to allow
a snow-cone stand for a period of two years. (ZA05-003)
March 6, 2007; City Council approved a Specific Use Permit to allow a
snow-cone stand for a period of three years. (ZA07- 020)
February 2, 2010; City Council approved a Specific Use Permit to allow a
snow-cone stand for a period of three years. (ZA09-072)
On January 27, 2012, demolition permits were issued for the previous
one-story brick and metal commercial building (1299 E Dove Road) and
one-story brick building (1500 N Kimball Avenue). The buildings were
utilized by a variety of businesses, including an office, cleaners, a video
store, and a salon.
August 31, 2012; a plat was filed for lot 34, F. Throop Addition No. 1511
(record #D212214780) (ZA12-010)
June 12, 2013; City Council approved a Specific Use Permit to allow a
snow-cone stand for a period of three years on (ZA13-006)
January 19, 2016; City Council approved a site plan; noting the
applicant’s willingness to comply with articulation requirements under the
Residential Adjacency Overlay regulations and noting that approval is
subject to the staff report dated December 30, 2015 and Site Plan Review
Summary No. 2 dated December 30, 2015, and specifically approving
both variances for driveway separation and tree preservation. (ZA15-136)
Case No. Attachment A
ZA19-0024 Page 1
September 12, 2017; a commercial building permit was issued for the
Ward Retail Building.
December 4, 2018; City Council approved granting a variance to the allow
the upper story 2nd floor sign to be placed lower on the building 1st floor
level; and the applicant will work with staff to come back with a master
sign plan the entire building (no other signs will be permitted without the
master signs plan in place). (SV18-0004)
SOUTHLAKE 2035: The Southlake 2035 Consolidated Future Land Use Plan designates this
development area as Retail Commercial.
The Retail Commercial category is a lower- to medium-intensity
commercial category providing for neighborhood-type retail shopping
facilities and general commercial support activities. It is intended to
provide limited local retail
and/or office uses which
serve neighborhoods in
close proximity. It is
intended that all uses in this
category will be compatible
with adjacent single family
uses, thereby maintaining
the character and integrity
of existing neighborhoods.
This category is intended to
encourage
comprehensively planned
developments. In areas
where the Retail
Commercial designation is
adjacent to residentially
zoned properties or areas
with a residential designation on the Land Use Plan, lower intensity
activities such as office or office-related uses should be planned adjacent
to the residential uses. Other suitable activities are those permitted in the
Public Parks/Open Space, Public/Semi-Public, and Office Commercial
categories previously discussed. As proposed, this Site Plan seems to be
consistent with the Future Land Use Plan.
Pathways Master Plan
There are existing five (5) foot wide sidewalks along E. Dove Road and
N. Kimball Avenue.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The property has approximately 210 feet of frontage along the northern
boundary adjacent to E Dove Road. This road is improved with asphalt
surface and an existing right turn lane. The property has approximately
150 feet of frontage along the eastern boundary adjacent to N. Kimball
Avenue, a fully improved street with four lanes and center medians south
of Dove Road.
Case No. Attachment A
ZA19-0024 Page 1
Traffic Impact
E. Dove Road (36)
(between N. Carroll Ave. and N. Kimball Ave.)
24hr West Bound (2,119) East Bound (1,965)
AM Peak AM (185) 7:30 AM –8:30 AM Peak AM (235) 7:45 AM– 8:45 AM
PM Peak PM (275) 5:15 PM – 4:00 PM Peak PM (228) 6:00 PM – 7:00 PM
* Based on the 2018 City of Southlake Traffic Count Report
N. Kimball Avenue (74)
(between E. Highland St. and E. Dove Road)
24hr North Bound (3,005) South Bound (3,142)
AM Peak AM (207) 11:45 AM –12:45 PM Peak AM (375) 7:00 AM– 8:00 AM
PM Peak PM (296) 4:15 PM – 5:15 PM Peak PM (216) 6:00 PM – 7:00 PM
* Based on the 2018 City of Southlake Traffic Count Report
Traffic Impact
Use Area
(sq. ft.) Vtpd* AM-
IN
AM-
OUT
PM-
IN
PM-
OUT
Office (710) 850 3 3 1 1 2
Fitness (492) 1,100 37 1 1 3 3
Retail (814) 4,385 194 15 16 13 10
* Vehicle Trips Per Day
* AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday
* Based on the ITE: Trip Generation Manual, 7th Edition
TREE PRESERVATION: There will no trees removed for this request.
UTILITIES: Water
An 8-inch water line exists along the north side of the E. State Highway
114 frontage road and 6-inch water lines are available for each lot within
the development.
Sewer
An 8-inch sanitary sewer line exists at the northwest corner of the
proposed office development.
CITIZEN INPUT: A SPIN meeting was held on April 23, 2019.
PLANNING AND
ZONING COMMISSION: May 9, 2019; Approved (5-0) subject to the Staff Report dated May 3,
2019 and the Site Plan Review Summary dated May 3, 2019; with
exceptions to the proposal that the maximum size of the personal fitness
training space would be approximately 1,100 square feet and the
maximum class size of 4 students and 2 staff for a total of six.
STAFF COMMENTS: Site Plan Review Summary No. 2, dated May 3, 2019 is included as
Attachment ‘C’.
N:\ N:\Community Development\MEMO\2019 Cases\0024 - ZSP - 1500 N. Kimball Ave
Case No. Attachment B
ZA19-0024 Page 1
Case No. Attachment C
ZA19-0024 Page 1
SITE PLAN REVIEW SUMMARY
Case No.: ZA19-0024 Review No.: Two Date of Review: 5/3/19
Project Name: Zoning Change and Site Plan – Cates Landing aka Ward Retail 1500 N. Kimball
Ave.
APPLICANT: The Exercise Coach OWNER: Donnie/Leigh Ann Ward
Mike Sims Donnie Ward
1257 County Road 2331
Valley View, TX
Phone: 214-850-1504 Phone: 847-988-0748
Email: m.sims@exercisecoach.com Email: ATA Const@aol.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/22//2019 AND WE OFFER THE
FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS
SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE
CONTACT THE APPROPRIATE STAFF MEMBER.
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
All development must comply with the underlying zoning district regulations.
_________________________________________________________________________________
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
No comments.
_________________________________________________________________________________
Public Works/Engineering Review
Kevin Ferrer, P.E., CFM
Civil Engineer
Phone: (817) 748-8089
E-mail: kferrer@ci.southlake.tx.us
No comments.
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8223
E-mail: kclements@ci.southlake.tx.us
Case No. Attachment C
ZA19-0024 Page 2
No comments.
_________________________________________________________________________________
Public Works Traffic Division
Stephanie Taylor
Transportation Manager
Phone: 817-748-8216
Email: staylor@ci.southlake.tx.us
No comments.
_________________________________________________________________________________
General Informational Comments
* No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
* It appears that this property lies within the 75 LDN D/FW Regional Airport Overlay Zone and
will require construction standards that meet requirements of the Airport Compatible Land Use
Zoning Ordinance No. 479.
Case No. Attachment D
ZA19-0024 Page 1
Surrounding Property Owners
Owner Property Address Zoning Acreage Response
1. OSMAN, FARHAT 2117 E DOVE RD SF1-A 2.99 NR
2. WARD, DONNIE W 2199 E DOVE RD C1 0.93 NR
3. WAGNER, PAUL 1620 N KIMBALL AVE C1 0.68 NR
4. WAGNER, PAUL 1480 N KIMBALL AVE SF1-A 0.55 NR
5. WAGNER, PAUL 1480 N KIMBALL AVE SF1-A 0.56 NR
6. OSMAN, FARHAT 2150 E DOVE RD SF1-A 1.04 NR
7. WAGNER, PAUL 1480 N KIMBALL AVE SF1-A 0.98 NR
8. DOVE COMMERCIAL
PROPERTIES LLC 2180 E DOVE RD C1 0.55 NR
9. MCPHERSON, RICKEY 1604 N KIMBALL AVE SP2 2.97 NR
10. DECARO, THOMAS 2080 E DOVE RD SF1-A 7.57 NR
11. Superintendent of Carroll
ISD NR
12. Superintendent of
Grapevine Colleyville ISD NR
13. Superintendent of
Northwest ISD NR
14. Superintendent of Keller
ISD NR
15. City of Grapevine NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Letters Sent: Eleven (11)
Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 11
Case No. Attachment E
ZA19-0024 Page 1
Surrounding Property Owner Responses
No responses received to date
Case No. Attachment E
ZA19-0024 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-761
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 34, F. THROOP NO. 1511
ADDITION; AND BEING .85 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-1”
NEIGHBORHOOD COMMERCIAL DISTRICT TO "S-P-1" DETAILED SITE
PLAN DISTRICT WITH “C-1” NEIGHBORHOOD COMMERCIAL
DISTRICT USES AND INCLUDING AN ADDITIONAL PERMITTED USE
FOR A COMMERCIAL SCHOOL FOR PERSONAL FITNESS TRAINING,
AS DEPICTED ON THE APPROVED CONCEPT 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-1” Neighborhood
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
Case No. Attachment E
ZA19-0024 Page 3
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 and 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 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,
Case No. Attachment E
ZA19-0024 Page 4
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 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County, Texas being
approximately .85 acres, and more fully and completely described in Exhibit "A" from "C-1”
Neighborhood Commercial District to "S-P-1" Detailed Site Plan district with “C-1”
Neighborhood Commercial District uses and including an additional permitted use for a
commercial school for personal fitness training 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:
City Council motion for approval:
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,
Case No. Attachment E
ZA19-0024 Page 5
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 buildin gs 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
Case No. Attachment E
ZA19-0024 Page 6
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 ___________, 2019.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
Case No. Attachment E
ZA19-0024 Page 7
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2019.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA19-0024 Page 8
EXHIBIT "A"
Lot 34, F. Throop No. 1511 Addition, City of Southlake, Tarrant County, Texas, according to the plat
recorded in Instrument No. D212214780, Plat Records, Tarrant County, Texas, being approximately 0.848
acres.
Case No. Attachment F
ZA19-0024 Page 1
EXHIBIT "B"
Reserved for Exhibits