Item 7ACASE NO: ZA20-0030
STAFF REPORT
June 9, 2020
PROJECT: Zoning Change and Site Plan for Yates Corner
EXECUTIVE
SUMMARY: On behalf of Dove Commercial Properties, LLC, Sage Group Inc. is requesting
approval of a Zoning Change and Site Plan for Yates Corner on property
described as Tract 1E01, Francis Throop Survey, Abstract No. 1511,
Southlake, Tarrant County, Texas and located at 2190 E. Dove Rd., Southlake,
Texas. Current Zoning: "C-1" Neighborhood Commercial District. Requested
Zoning: "S -P-1" Detailed Site Plan District. SPIN Neighborhood #4.
DETAILS:
Case No.
ZA20-0030
The subject property is located at the northwest corner of E. Dove Rd. and N.
Kimball Ave.
The purpose of this request is to seek approval of a Zoning Change and Site
Plan for Yates Corner from "C-1" Neighborhood Commercial District to "S -P-1"
Detailed Site Plan District to replace the existing fuel pumps and canopy with a
new canopy with two new fuel stations and to add an approximately 190 square
foot expansion to the existing building for storage. No changes are proposed to
the fagade of the existing building. A Master Sign Plan for Yates Corner Store is
being processed concurrently under Case No. MSP20-0003.
Land Use Designation
Retail Commercial
Existing Zoning
"C-1"
Proposed Zoning
"S -P-1"
Gross/Net Acreage
0.541 ac.
Building Footprint
w/ 190 s.f. addition
1,903 s.f
Gross Floor Area
w/ 190 s.f. addition
2,653 s.f.
Impervious Cover %
67.10%
Open Space %
32.90%
Parking Required (per S -P-1)
10
Parking Provided
10
The permitted uses and development regulations are based on the "C-1"
Neighborhood Commercial District with the following exceptions and additional
requirements:
VARIANCES
REQUESTED:
Additional Permitted Use: Gasoline service station with convenience store as
shown on the Site Plan and elevations.
Bufferyards: Bufferyards other than as shown on the Landscape Plan shall not
be required.
Trash Receptacle Enclosure: The trash receptacle enclosure shall be
permitted as shown on the Site Plan and elevations.
Parking Spaces: The required number of parking spaces shall be 10.
1. Subdivision Ordinance No. 483, as amended, to allow no right of way
dedication
2. Subdivision Ordinance No. 483, as amended, to allow no >_ 8' multi -use trail
along E. Dove Rd. and no 5' sidewalk along N. Kimball Ave.
3. Driveway Ord. No. 634, as amended, to allow the driveways as shown on
the plan with regard to distance to an intersection, minimum centerline
spacing along a roadway, driveway throat width, stacking depths on both
driveways and a commercial driveway on a collector. The existing
driveways are nonconforming.
4. Landscape Ord. No. 544, as amended, to allow the parking lot landscaping
as shown on the Site Plan and Landscape Plan.
ACTION NEEDED: 1. Conduct a public hearing
2. Consider approval of a Zoning Change and Site Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Revised Site Plan Review Summary No. 2 dated June 9, 2020
(D) Surrounding Property Owners Map & Responses
(E) Ordinance No. 480-770
Link to Presentation
Link to S -P-1 Regulations and Variance,_ Request fetter
Link to Plans
Link to SPIN Re art
Link to Corridor Planning Committee Report
STAFF CONTACT: Richard Schell (817) 748-8602
Dennis Killough (817) 748-8072
Case No.
ZA20-0030
BACKGROUND INFORMATION
PROPERTY OWNERS: Dove Commercial Properties, LLC
APPLICANT: Sage Group, Inc.
PROPERTY SITUATION: 2190 E. Dove Road
LEGAL DESCRIPTION: Tract 1 E01, Francis Throop Survey, Abstract No. 1511
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: "C-1" Neighborhood Commercial District
REQUESTED ZONING: "S -P-1" Detailed Site Plan District
HISTORY: - In January 1977, City Council approved a zoning change for Yates
Corner Store under ZA76-005.
In February 2018, City Council approved a specific use permit for
Drunken Cow for a period of one (1) year under ZA18-003.
In May 2019, City Council approved a specific use permit for
Tropical Sno at this location for a 5 -year period under ZA19-0019.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is "Retail Commercial".
Purpose and Definition:
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.
Mobility & Master Thoroughfare Plan
The Master Thoroughfare Plan shows E. Dove Rd. to be a two-lane
undivided arterial with 88' of right of way with the provision that it be
constructed as a four -lane divided arterial when traffic counts warrant.
Case No. Attachment A
ZA20-0030 Page 1
N. Kimball Ave. is shown as a two-lane collector with 70' of right of way.
Per the 2030 Mobility Master Plan, a roundabout is planned for the
intersection of N. Kimball and E. Dove Rd. A variance is requested to
allow no right of way dedication.
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows a future >_8' multi -use trail along E.
Dove Rd. and a minimum 5' wide sidewalk is required along N. Kimball
Ave. A variance is requested to allow no >8' multi -use trail or 5'
sidewalk.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The proposed improvements include paving the existing driveways,
which are currently nonconforming. Variances to stacking depth,
distance to an intersection, minimum centerline spacing along a
roadway and driveway throat width are requested.
Traffic Impact
A Traffic Impact Analysis (TIA) was not required for the proposed
development.
TREE PRESERVATION: There is 42.45% of existing tree cover on the site and under
conventional zoning 50% of the existing tree cover is required to be
preserved. One (1) tree is proposed to be removed because it is
adjacent to an existing gas pump. The applicant is proposing to
preserve 89.82% of the existing tree cover.
For property sought to be zoned for the Downtown zoning district or a
planned development zoning district, including an S -P-1 Site Plan, S -P-
2 Site Plan, Transition, Rural Conservation, Planned Unit Development,
or Employment Center zoning district, the City Council shall consider the
application for a Conservation Analysis or Plan in conjunction with the
corresponding development application (as established in Table 1.0).
The Planning and Zoning Commission shall review the application and
make a recommendation to the City Council regarding the application.
The City Council shall approve the Plan or Analysis if the Council finds
that the Plan or Analysis provides for the:
placement of building pads, parking areas, driveways, streets,
and utility easements so as to maximize the preservation of
environmental features of the property including mature tree
stands, natural creeks and ponds, and significant grades;
maximizes the preservation of tree cover preservation areas
indicated on the Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the
potential to buffer residential areas from the noise, glare, and
Case No. Attachment A
ZA20-0030 Page 2
visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a
natural or man-made drainage creek;
V. maximizes the preservation of existing protected trees along rural
roadways and other streets as identified and prioritized in the
Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement
procedures pursuant to this Ordinance.
UTILITIES: A 12" water line exists in E. Dove Rd. and an 8" water line exists in N.
Kimball Ave. to serve the property.
A 10" sewer line exists in E. Dove Rd. to serve the property.
CITIZEN INPUT/
BOARD REVIEW: A 2035 Corridor Planning Committee meeting for this project was held
on October 29, 2019. Link to Corridor Planning Committee Report
A SPIN meeting was held on May 26, 2020. Link to SPIN Report
PLANNING AND ZONING
COMMISSION ACTION: June 4, 2020; Approved (6-0) subject to the staff report dated May 29,
2020, granting the variances requested therein and subject to Site Plan
Review Summary No. 2 dated May 29, 2020.
STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 2, dated June 9,
2020.
Variance Approval Criteria for Subdivision Ordinance No. 483, as
amended:
Section 9.01 Modifications and Variations:
A. Compliance: Where the Council finds that compliance with these
regulations would cause unusual hardship or extraordinary
difficulties because of exceptional and unique conditions of access,
location, shape, size, drainage, or other physical features of the site,
the requirements may be modified to mitigate the hardship, provided
that the public interest is protected and the development is in
keeping with the general spirit and intent of this ordinance.
1. This section shall not be interpreted to permit the development of
land which is inherently unsuitable for the use proposed.
2. Any modification will not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the
provisions of this ordinance.
Variance Approval Criteria for Driveway Ordinance No. 634, as
Case No. Attachment A
ZA20-0030 Page 3
amended:
The City Council shall have the authority to grant a variance to this
ordinance. In granting any variance, the City Council shall determine
that a literal enforcement of the regulations herein will create an
unnecessary hardship or practical difficulty on the applicant, that the
situation causing unnecessary hardship or practical difficulty is unique to
the affected property and is not self-imposed, that the variance will not
injure and will be wholly compatible with the use and permitted
development of adjacent properties, and that the granting of the
variance will be in harmony with the spirit and purpose of this ordinance.
The decision of the City Council shall be final.
Case No. Attachment A
ZA20-0030 Page 4
Vidility Map
2190 E. DoVt Rd.
UJI
LU
47
CA
0
ZA20-0030
Yates Corner
W, +0 262-5 625 1,050
1V I m Feet
S
Case No. Attachment B
ZA20-0030 Page 1
REVISED SITE PLAN REVIEW SUMMARY
Case No.: ZA20-0030 Review No.: Two Date of Review: 05/29/20
Project Name: Zoning Change and Site Plan — Yates Corner
APPLICANT: Curtis Young OWNER: Howard Harris
Saae Group. Inc. Dove Commercial Properties. LLC
1130 N. Carroll Ave., Suite 200 1671 E. Dove Rd.
Southlake, TX 76092
Phone: (817) 424-2626
E-mail: cyoung@sage-dfw.com
Southlake, TX 76092
Phone:
E-mail: Howard.Harris@txortho.net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
05/18/20 and 6/08/20 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 RICHARD SCHELL AT rschelI@ci.southlake.tx.us
An appropriate plat that conforms to the underlying zoning district must be processed, approved
and recorded with the County prior to the issuance of building permits.
2. A Master Sign Plan (MSP20-0003) is being processed concurrently with the Zoning Change and
Site Plan.
3. Please make the following changes to the Site Plan:
a. Show and label all minimum building setback lines in accordance with the requested "C-1"
base zoning. The "C-1" district requires a minimum 30' front yard, 15' side yard and 10'
rear yard.
b. Please make the following changes to the Site Data Summary Chart:
i. Change the "Existing Zoning / Proposed Zoning" row name to "Existing Zoning".
ii. In the "Parking Spaces Required" row name, add "(per S -P-1)"
4. Revise the plans and Master Sign Plan exhibits so that they are consistent. One sign exhibit
shows new blacktop in areas that are shown as landscape areas on the Site Plan, Landscape
Plan and Tree Conservation Plan. Also, two live oaks are shown in the landscape area that
contains the pole sign on the exhibits submitted for the sign plan. The Site Plan and Landscape
Plan show one live oak in the center bufferyard island on E. Dove Rd. and no live oaks in the
bufferyard on N. Kimball Ave.
5. Provide an elevation of the proposed trash receptacle enclosure with dimensions and materials
labeled.
The Master Thoroughfare Plan shows E. Dove Rd. to be a two-lane undivided arterial with 88' of
right of way with the provision that it be constructed as a four -lane divided arterial when traffic
counts warrant. N. Kimball Ave. is shown as a two-lane collector with 70' of right of way. Per the
2030 Mobility Master Plan, a roundabout is planned for the intersection of N Kimball and E Dove
Rd. A variance is requested to allow no right of way dedication.
A future >_8' multi -use trail is shown along E. Dove Rd. and a minimum 5' sidewalk is required
along N. Kimball Ave. A variance is requested to allow no >_8' multi -use trail or 5' sidewalk.
Case No. Attachment C
ZA20-0030 Page 1
The minimum required distance from a commercial driveway to an intersection for E. Dove Rd.
(arterial) is 200' and for N. Kimball Ave. (collector) is 150'. The required throat width for
commercial driveways on arterials and collectors is 24'— 40'. The minimum centerline spacing for
commercial driveways is 250' on an arterial and 150' on a collector. The minimum stacking depth
on a major street facility (E. Dove. Rd.) and a collector (N. Kimball Ave.) is 10'. Commercial
driveways are not permitted on collector streets unless there is no other access. A variance is
requested to allow the driveways as shown on the plans. The existing driveways are
nonconforming.
Per Subdivision Ord. No. 483, as amended, Section 8.02, ensure that the required sight triangle
at the corner of E. Dove Rd. and North Kimball Ave. is provided. See Appendix 10 attached.
All lighting must comply with the Lighting Ordinance No. 693, as amended with regard to type of
lighting, intensity, glare and spill-over.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
The proposed development complies with the Existing Tree Cover Preservation Requirements of
the Tree Preservation Ordinance. There is 42.45% of existing tree cover on the site and under
conventional zoning 50% of the existing tree cover is required to be preserved. One (1) tree is
proposed to be removed because it is adjacent to an existing gas pump. The applicant is
proposing to preserve 89.82% of the existing tree cover.
Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation
Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in
accordance with the percentage requirements established by Table 2.0. If the property has
previously received a tree permit related to development, the percentage of existing tree cover at
the time the first such permit was issued shall be used to calculate the minimum existing tree
cover that must be preserved under this section.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
existing tree cover to be
reserved*
0%-20%
70%
20.1-40%
60%
40.1%-60%
50%
60.1%-80%
40%
80.1%-100%
30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
For property sought to be zoned for the Downtown zoning district or a planned development
Case No. Attachment C
ZA20-0030 Page 2
zoning district, including an S -P-1 Site Plan, S -P-2 Site Plan, Transition, Rural Conservation,
Planned Unit Development, or Employment Center zoning district, the City Council shall consider
the application for a Conservation Analysis or Plan in conjunction with the corresponding
development application (as established in Table 1.0). The Planning and Zoning Commission
shall review the application and make a recommendation to the City Council regarding the
application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan
or Analysis provides for the:
placement of building pads, parking areas, driveways, streets, and utility easements so as
to maximize the preservation of environmental features of the property including mature
tree stands, natural creeks and ponds, and significant grades;
maximizes the preservation of tree cover preservation areas indicated on the
Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer residential
areas from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made
drainage creek;
V. maximizes the preservation of existing protected trees along rural roadways and other
streets as identified and prioritized in the Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this
Ordinance.
Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the
approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the
zoning as approved by the Southlake City Council. Please ensure that the layout of all structures,
easements, utilities, structures grading, and any other structure proposed to be constructed do
not conflict with existing trees intended to be preserved.
IA_1i, I11*a_1 »0-07►v 1►vi14 6111��
1. If the proposed addition is greater than 5,000 square feet or 30% of the existing building, the site
is required to comply with the regulations of the Landscape Ordinance 544-B, and the bufferyards
regulations within the Zoning Ordinance Section 42. If the proposed addition is not greater than
5,000 square feet or 30% of the existing building, only the required interior landscape area and
associated plant material must be provided for the area of the proposed addition.
Existing buildings: Buildings in existence on the effective date of this ordinance shall be
considered legally nonconforming as it pertains to this ordinance. New construction greater in
size than 30% of the existing building or greater than 5,000 square feet shall require compliance
with this ordinance as it applies to the entire square footage of the existing building and proposed
addition. New construction intended to increase the square footage by less than 30% of the
existing building or less than 5,000 square feet shall be required to meet the requirements herein
only as it pertains to the square footage of the new construction.
a. Please change the required internal landscape area on the Site Plan and Landscape Plan
Case No. Attachment C
ZA20-0030 Page 3
from 866 sq. ft. to 85 sq. ft., which is 50% of the 190 sq. ft. addition area. The required and
provided landscaping shown meets the internal landscaping requirement.
b. The parking lot landscape areas do not contain the required canopy tree with the
rest in ground cover, ornamental grasses, seasonal color or shrubs that is required.
A variance is requested to allow the parking lot landscaping as shown on the Site
Plan and Landscape Plan.
Changes in zoning: Any requests for changes in zoning to any district other than agriculture or
single family residential districts shall require that all required bufferyards and associated
irrigation be installed prior to the issuance of a certificate of occupancy for the proposed use.
2. East Dove Road is a designated arterial, so the required bufferyard is a 10' — E. North Kimball
Ave. is a designated collector so the required bufferyard is a 10' - B. Under the requirements of a
10 — E type bufferyard, a continuous solid evergreen hedgerow of plants obtaining a mature
height greater than three feet (3') shall be planted within the required bufferyared adjacent to the
right-of-way. When planted, this hedge shall be a minimum of two feet (2') in height and planted
no further than thirty inches (30") on center. Driveways are not required to be included in the
calculation of bufferyard lengths. Revise the bufferyard summary charts on the Site Plan and
Landscape Plan to show the required bufferyard types and lengths per Section 42 of Zoning Ord.
No. 480, as amended (see chart below). The applicant has added an "S -P-1" regulation to
allow the bufferyards as shown on the plans.
Location
Length
Type
Canopy
Accent
Shrubs
Fence/Screening
South
101'*
10' Type `E'
1
2
8
H1 — 3' hedge
Required
South
101'
5' Type `A'
1
2
8
None
Provided
East
82'*
10' Type `B'
2
2
8
None
Required
East
82'
5' Type 'A'
0
2
7
None
Provided
* Driveway throat widths excluded from calculation — a variance is requested to the Driveway
Ordinance 634, as amended, to exceed maximum permitted throat widths.
No bufferyards are required adjacent to Yates Corner Storage to north and west.
3. The Site Plan and Landscape Plan show one live oak in the center bufferyard island on E. Dove
Rd. and no live oaks in the bufferyard on N. Kimball Ave. Revise the plans submitted for the
Master Sign Plan to be consistent.
* There shall be no tree, shrubs, plant, sign, soil, fence, retaining wall or other view obstruction
having a height greater than two (2) feet within the sight triangle.
* Existing tree credits are proposed to be taken for required interior landscape canopy trees.
Existing tree credits shall only be granted if the tree/s are in healthy condition and all
requirements of the Tree Preservation Ordinance have been met as determined at the time of
inspection for a Permanent Certificate of Occupancy.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Steve Anderson, P.E., CFM
Case No. Attachment C
ZA20-0030 Page 4
Civil Engineer
Phone: (817) 748-8216
E-mail: sanderson@ci.southlake.tx.us
Site Plan:
1. Public Works has reviewed the Site Plan. At this time, Public Works does not believe
right-of-way needs to be dedicated on the north side of Kimball Ave. There is room to
maintain the existing roadway. Additional right-of-way would have the proposed
improvements encroach into the right-of-way.
2. There are plans with Grapevine to widen the southbound lanes of Dove Rd. It appears the
widening will not encroach into the Yates property but will be contained within existing
right -of -way.
3. Per the Mobility Master Plan, a roundabout is planned for the intersection of N. Kimball
Ave. and E. Dove Rd. Right-of-way donation will need to be re-evaluated at the time of
the roundabout consideration.
4. At the time the Yate's Corner use changes, right-of-way dedication will need to be re-
evaluated.
5. The crosswalk striping on the north end of the intersection needs to be removed or an
ADA ramp constructed on the NWC of Kimball Ave. and Dove Rd.
Stephanie Taylor, P.E., PTOE
Transportation Manager
Phone: (817) 748-8101
E-mail: staylor@ci.south[ake.tx.us
Site Plan:
Transportation Manager Review
1. Per the Master Thoroughfare Plan, E. Dove Road is not at its ultimate cross section as a
two-lane undivided road with alternating turn lanes or a two-way left turn lane in the center
for the entire southern boundary of the site. N. Kimball Ave is at its ultimate cross section
for the eastern boundary of the site.
2. Per the Mobility Master Plan, a roundabout is planned for the intersection of N Kimball and
E Dove Rd.
3. The minimum lateral clearance for sign structures is 2' from a curb, and 6' from the edge
of the travel way.
4. The proposed sign structure and street trees at the northwest corner of the intersection
need to be evaluated for their impact on required sight triangles.
5. Variances need to be requested for noncompliance with the Driveway and Subdivision
Ordinances.
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements(5ci.south lake.tx.us
GENERAL COMMENTS:
Case No. Attachment C
ZA20-0030 Page 5
No comments based on submitted information.
Case No.
ZA20-0030
Attachment C
Page 6
General Informational Comments
A SPIN meeting for this project was held on May 26, 2020.
No review of proposed signs is intended with this site plan. A Master Sign Plan is being
processed concurrently (MSP20-0003). A separate building permit is required prior to
construction of any signs.
All mechanical equipment must be screened of view from right-of-ways and residential properties
in accordance with the Zoning Ordinance No. 480, as amended.
All lighting must comply with the Lighting Ordinance No. 693, as amended.
All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, a fully corrected site plan, landscape plan,
irrigation plan, and building plans, must be submitted for approval and all required fees must be
paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee,
Water & Sewer Impact and Tap Fees, and related Permit Fees.
In addition to the City of Southlake impact fees, please be aware that through the wholesale
water customer contract with the City of Fort Worth, all new water connections are required to pay
the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the
final plat recordation date and building permit issuance. The applicant is encouraged to review
the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee
amount.
Denotes Informational Comment
Case No. Attachment C
ZA20-0030 Page 7
OR=
40,
Case No. Attachment C
ZA20-0030 Page 8
Surrounding Property Owners & Responses
Responses - F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Six (6)
Responses received within 200': One (1) - attached
Responses received outside 200': One (1) — attached
Responses received from Grapevine: Three (3) — attached
Case No. Attachment D
ZA20-0030 Page 1
tUlti.::`..
n
DOVE COMMERCIAL
t
Cl
2190 E DOVE RD
0.55
02-po O
PROPERTIES LLC
2.
MCPHERSON, RICKEY
SF1-A
2050 E DOVE RD
2.16
NR
3.
OSMAN, FARHAT
SF30
1780 N KIMBALL AVE
1.03
NR
',-
r
5.
z01=7
RPUD
w
0.71
r
6.
WARD, DONNIE W
P
1:1160
2100 E DOVE RD
J
cli
tW
cis
z
LO
LO
c7
00
us
Responses - F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Six (6)
Responses received within 200': One (1) - attached
Responses received outside 200': One (1) — attached
Responses received from Grapevine: Three (3) — attached
Case No. Attachment D
ZA20-0030 Page 1
tUlti.::`..
n
DOVE COMMERCIAL
t
Cl
2190 E DOVE RD
0.55
NR
PROPERTIES LLC
2.
MCPHERSON, RICKEY
SF1-A
2050 E DOVE RD
2.16
NR
3.
OSMAN, FARHAT
SF30
1780 N KIMBALL AVE
1.03
NR
5.
OSMAN, FARHAT
RPUD
1712 TORIAN LN
0.71
NR
6.
WARD, DONNIE W
SF1-A
2100 E DOVE RD
1.43
NR
Responses - F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Six (6)
Responses received within 200': One (1) - attached
Responses received outside 200': One (1) — attached
Responses received from Grapevine: Three (3) — attached
Case No. Attachment D
ZA20-0030 Page 1
Response received within 200'
20030
Meeting DaW, June,4, 2020 at x.30 P
BARO„ THOMAS
2#80 E DOVE Rte
SOUTHLAKE. TX 76092
,� f, 1 W D ,
QtAY
R.
Beira the owner(s) of The property so noted above, are hereby'
t r of opposed to u ndecided out
(cirale or underline one)
the proposers Zoning Change and Site Plea referenced Gve,
r -
',V i ', s Rx" -. „ k 5 F l uo �&e_ T $�W
,
,ONO 67 1 01C
i n r mate:
ctiarrignt Q.p a [date;
Printed arra O IUP U15,11,IJ I L f,1V
Musl Am pnom M hp Mhe,rmse orf=l ff"a I l&lrirq:Nr&4"m'nI . tfef fom pof a rty..
Phone Number (optional):
Case No. Attachment D
ZA20-0030 Page 2
Response received outside 200'
WATMIMUM,
Fronw, DennisGlaugh
Sent; Tuesday, Ms 26, 20,2G 5:48 PM
To: Richard Schell
Subject FW Yates Corrar update - fuel pump
Please include these comments in the P & Z Report and forward to the, applicants,. Redact the email addresses.
FFOM: Kim,j
Sem Tuesday, May 26, 2020 4-55 PM
To-. Dennis Kill augh <dkillough LlDci.so Lrth lake tx-us>
Subject: Yates Corner update - fuel pump
Greetings,
Following is the email that I sent via the "'spin form' on the city of -Routhlake website, it is my hopes
that these comments can be Shared wfth the owners of Yates comer and that hope ftl ly their plans
can reflect our situation.
Thank you for your help!
SPIN Town Hall Forum Question I Comment Form
Con't make it to a SPIN own .Halal Forum but still have a question or comment on an item
being presented? Use this form !
Those who wish tvask a question or make a commenton an ifism being presented at a
SPIN Town Hall Forum mcry do No by electronicDfly submining this form. Themseting host
will make on effort to g=et to evch qr�esrion and/or cornment sorb rnftted. Sowever pfegse be
awise that it is possible na afl questions arro/or comments, submitted wift be read dufing
the SPIN, Town, Kaif Forum. Questions and/or comments submitted Wore 6.00 p.m. on the
meeting date will be included in, the meeVag repartf6r that spec iftcitem.
SPIN Meeting Date 5YZ6120
IN Item # or Item Yates Comer
Description
XMIM-WE
Email
Case No.
ZA20-0030
ZME=
MM=
IMMEM
Attachment D
Page 3
City Southlake
State 7'x
Question or Comment Regarding
gthe fuel update plans to Yates corner. my husband regularly
fiEls our 45ft RV at'fares corner.. the current diesel pump location and
cGnfigurafican allows the entrance and exit, of our Rvto.as up. my
cGmmentffrequestis to that, end.. that the planned new diesel purnp be
configured in such, a way as to, permit this size jandheight) vehicle to
enter exit: and that any canoppy betall ewugh to permit its moverne n5t
Irn sure the owners appreciate the many hundreds of gallons of fuel
that we regularly purchase at Yates eveTyruma we fill up, and we sure
appreciate the convenience of doing so- (7,14e, RV is :13 feet tall fr&m, the
&refund to its roof._ so any canopy clearance woudd have, to be at least
sl ighily taller than that. to addition, the, RV is a full 45 feet long.. So a
turn radius on and off Doire /MmIcall is important as well_ )
we also have a .?-,s footpontoon to: Iyy a Ford FISO. making this a
large overall length as well.. needing
.,: an equally, large turn radius to be
able to fuel up. (the boat takes regular fuel)
As we Jive 3 streets down Dowe frornthis intersection.., we appreciate
Yates corner and wnuldlike to keep giving aur cloollars in support of this
local business. -we hope theplanned upgrades will enable our
continued busineza..
Byway of comment, since the parking lot will likely be affected by
these, upgrades and maybe repaved? While keeping the parkinglot
entry and exit gide open on both, sides, for ease of use, given the
odd angle of the intersection.. "We. would love to see some. kind of side
walk and normal cross walk area at the intersection of Dove and
Kimbell as we regularly ride our bikes and go for walks in this area.
Dove Road its dangerous for both-, and the crossing of the street eq rally
awkward. with the current configuration,
Weareinhopesthatth will bean, cingoing set Up at V�ates.
Thank you for your time and consideration.
Kim and Randy
Zip 76092
Case No. Attachment D
ZA20-0030 Page 4
Response received from Grapevine Courtesy Notice
Ndfification Response �orm
ZA2"030
MeOfiOO-QA,t#: J0,110 4® 2020 at &,:30 PM
City of Grapevine
D. Box 95104'
Grapovine TX 7609a
w
PLEASE PROVIDE tOMPLI�Tkb FbRMS VIA MAIL, FAX OR HAND DELIVERY
Bl5FOkt THE START 60 THE tdHtbULtD PU EILIC HWUNG�
Being the owner(s) of tfie (r per so noted a b.Ove,, are, hereby
En favor ofppp-ed 1,Co j�° ciec
, unjded about
(if 1, of underfine one)
the prupoeed Zoning Change and Site Plan ref en above,
Space forcomcent s regarding your positiorn.
10 't
AdditionalSigna-lum,
Date
Printed Name(s).6 �Iu L �-Y�
4 ... �im—l"I --K-
Mossl be praFarlyummarM wN-,w nw*(sj afe pimi�wj am IDA Othmmine "awarl Itw A'qM-Ing 13Wrflenl' "One tacm ger OrDf,"'O"?
Phone Number ;(optional).
Case No. Attachment D
ZA20-0030 Page 5
ZA20-,M
Meeting
city
. )
Grapavir,
PLPAO
"O"f'CafiOn ROSPOnSe
the (Ciro r u desji e
proposed,2av`,Change e �e �n r
Space for commentsf a e,
regardffig
or, postion
s
J
nn,
Printed _ Dates PhIne pw,
"limber� 7
Case No. Attachment D
ZA20-0030 Page 6
NOtification Response Form
PLEASE
Pace for cOMments fegarding Your Position:
T�°,.���.�
u
mw
Signature -
Date, ign tur :
.ate
Additional Signature,
Date -
Print
6v#IM%A wn eta), a cOlfwfwin�if
e -"t ri"J;, r a
r
Phone Nurnbe ( tao l)a _ .� _mom , _ �k ao "r
Case No. Attachment D
ZA20-0030 Page 7
ORDINANCE NO. 480-770
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 TRACT 1E01. FRANCIS THROOPi SURVEY.
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 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
Case No. Attachment E
ZA20-0030 Page 1
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 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
Case No. Attachment E
ZA20-0030 Page 2
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:
SECTION 2.
Case No. Attachment E
ZA20-0030 Page 3
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, 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.
Case No. Attachment E
ZA20-0030 Page 4
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 in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it 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.
Case No. Attachment E
ZA20-0030 Page 5
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 _, 2020.
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _day of _, 2020.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA20-0030
Attachment E
Page 6
EXHIBIT "A"
BEN G o descr;ption of a 0.541 acre or 2J.554 square toot
tra& of ter ars .5ituoted iri, the Froocis Thro-ap Survey
Abstrruct No, 1:511, iri the C;ty of 5ouRn"oke, Torroof
County, Texas. Said 0.54; acre, frock in that sarne troct
or porcel of Jand conveyed to Dzve CcmmerciaJ t,arcperties,
U("' 0ov;d"onced tky Ote 4"')vod rif'�'rk' Filoa
, S
No- D2T6777615 of the Lle�ed Recards af Tarront County,
Texas. Sold 0.541 acre tract being more fully descrbed as
fdffo Ws.
B GINNIN'G at o 112-anch steea rod w,`th a red afastic cap
s
�'Prisrn 5urvay " set for �(,,,orner at tho inte tompe d r c t io n
of the present west right-of-way iihe of North Kirnbail;
Avaoijp, (o variobfeh, right-of-way) w;"'tf
h he pre -sent
wid't
north, r� ,lt-of-way Une of East Dave Street (a voarfab;e
ividth, rlgtit- of-wny) and being the southeast corner or said
blove Commerciaf ProperNe5 LLC troct,-
THENCE North 65 deg, 22 min. 22 sec, Vie -0, deporf;ng so'd
we;nOl riyht-of-w�,,)y klinc, and honifi�m pre, osont h nor�lino of
9
East Dove Street, a distance of 205-23 fact to o P.,K,'- Nai;
set in, asphaft tor carriers
4- 1
THLENCE North 10n 03 rnin, 27 sec� East at , di"5 tan�ce
o 175,56 feet posslr�gr a P -K. Noiset for (', arner at trio
mo,it corn e,)f Jj)t I in t fra7fI of Ygt,
v4 ('orn
Addition an addition to the City of Southtlak& as shown an
the Oat recorded in Cobfnet A, rat Di de 22JI or the F"liat
Records of Tarront County, T�exas, and coret,;nuiaq alon,
southveaster�y' iline of sa�d Lot t for a total distonce, of
12J.1.415 feet to a 112-frich steel rod with a red plastic cap
s to m p e d, Prism Surwoy:3," set to
vcorner;
?"HENC, South, 67 deg. 44 m1r. 29 sec. at a, drstDnce
of T651.14 foxvif, passing a I/ -inn steel' ro,,)' with, a red
plasfk cup storqovd "Pri'sm -Surveysset for corner at (fie
Mo'st soufher�'Y aoet cornew, of iot 7, and continoirly
for a totaldisfar7ce of 174,77 feet to a 1/2 -inch steed
rod with a red'
piastic cap starnped PWsm Survers" set far
corner on the prepviousiy rnent;cned west right-of-woy Une
of North Kirrrbal� Avenue;
74-ENCE South OT deg. .18 min, '35 secost, olong sold wasf
line, a disturce rat 141.01 feet try the POW ar'B.ECQvVP4WG;
and coatoining 0.541 ocry or 2-564 square feet af land
more or., �ess
Case No. Attachment E
ZA20-0030 Page 7
Reserved for approved Sitel rr
Case No. Attachment E
ZA20-0030 Page 8