Item 9 - Yates CornerCase No.
ZA20-0030
S T A F F R E P O R T
May 29, 2020
CASE NO: ZA20-0030
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: 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 façade of the existing building. A Master Sign Plan for Yates Corner Store is
being processed concurrently under Case No. MSP20-0003.
Site Data Summary
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-I) 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:
Case No.
ZA20-0030
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.
VARIANCES
REQUESTED:
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 and a commercial driveway
on a collector. The existing driveways are nonconforming.
4. Landscape Ord. No. 544, as amended, to allow the internal and 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) Site Plan Review Summary No. 2 dated May 29, 2020
(D) Surrounding Property Owners Map & Responses
Presentation
S-P-1 Regulations and Variance Request Letter
Plans
SPIN Report
Corridor Planning Committee Report
STAFF CONTACT: Richard Schell (817) 748-8602
Dennis Killough (817) 748-8072
Case No. Attachment A
ZA20-0030 Page 1
BACKGROUND INFORMATION
PROPERTY OWNERS: Dove Commercial Properties, LLC
APPLICANT: Sage Group, Inc.
PROPERTY SITUATION: 2190 E. Dove Road
LEGAL DESCRIPTION: Tract 1E01, 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 2
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:
i. 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;
ii. 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
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ZA20-0030 Page 3
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. See Corridor Planning Committee report attached
separately.
A SPIN meeting was held on May 26, 2020. See SPIN Report attached
separately.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated May 29, 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
amended:
The City Council shall have the authority to grant a variance to this
ordinance. In granting any variance, the City Council shall determine
Case No. Attachment A
ZA20-0030 Page 4
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 B
ZA20-0030 Page 1
Case No. Attachment C
ZA20-0030 Page 1
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
Sage Group, Inc. Dove Commercial Properties, LLC
1130 N. Carroll Ave., Suite 200 1671 E. Dove Rd.
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 424-2626 Phone:
E-mail: cyoung@sage-dfw.com E-mail: Howard.Harris@txortho.net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
05/18/20 and 5/27/20 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 rschell@ci.southlake.tx.us
1. 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. Add a row for gross floor area of the building including the second floor.
iii. In the “Parking Spaces Required” row name, add “(per S-P-1)”
4. 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 Kim ball and E Dove
Rd. A variance is requested to allow no right of way dedication.
5. 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.
6. 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. 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.
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ZA20-0030 Page 2
7. Revise the plans and sign 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.
8. 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.
9. 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
preserved*
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
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
Case No. Attachment C
ZA20-0030 Page 3
or Analysis provides for the:
i. 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;
ii. 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.
LANDSCAPE COMMENTS:
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 variance is requested to
allow the internal and 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
Case No. Attachment C
ZA20-0030 Page 4
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. The applicant has added an “S-P-1” regulation to
allow the bufferyards as shown on the plans.
* 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
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.
Transportation Manager Review
Stephanie Taylor, P.E., PTOE
Transportation Manager
Phone: (817) 748-8101
E-mail: staylor@ci.southlake.tx.us
Site Plan:
1. Per the Master Thoroughfare Plan, E. Dove Road is not at its ultimate cross section as a
Case No. Attachment C
ZA20-0030 Page 5
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@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
Case No. Attachment C
ZA20-0030 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
Case No. Attachment D
ZA20-0030 Page 1
Surrounding Property Owners & Responses
SPO # Owner Zoning Address Acreage Response
1. DOVE COMMERCIAL
PROPERTIES LLC C1 2190 E DOVE RD 0.55 NR
2. MCPHERSON, RICKEY SF1-A 2050 E DOVE RD 2.16 NR
3. OSMAN, FARHAT SF30 1780 N KIMBALL AVE 1.03 NR
4. DECARO, THOMAS RPUD 1713 TORIAN LN 0.54 F
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
Case No. Attachment D
ZA20-0030 Page 2
Response received within 200’
Case No. Attachment D
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Response received outside 200’
Case No. Attachment D
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