Item 6E
Department of Planning & Development Services
S T A F F R E P O R T
September 15, 2010
CASE NO: ZA10-049
PROJECT: Dr. Gist Dental Office
EXECUTIVE
SUMMARY:
On behalf of Dr. Gist, Blake Architects is requesting approval of a Zoning Change
and Site Plan from “O-1” Office Zoning District to “S-P-1” Detailed Site Plan Zoning
District for the reconstruction of a dental office building consisting of one building
that is approximately 3,966 square feet in size on 0.87 acres located on the
northeast corner of N. Carroll Avenue and E. Dove Road at 2379 N. Carroll Avenue.
SPIN #2
DETAILS:
This was the dental office building of Dr. Gist built in 1985. The building was
destroyed by a fire June 2, 2010. The owner is requesting to reconstruct the
building using the original foundation, parking and driveways. Because the structure
was built prior to adoption of the current zoning and development regulations, it is
considered “Nonconforming” and therefore subject to the conditions of Section 6 of
the City of Southlake Zoning Ordinance No. 480, as amended, which generally
states if a nonconforming structure is destroyed beyond 50% of its fair market
value, it can only be reconstructed in conformance with the current regulations. For
that reason, the applicant, Blake Architects, on behalf of the owner Dr. Greg Gist, is
requesting approval of a Zoning Change from “O-1” Office Zoning District to “S-P-1”
Detailed Site Plan Zoning District to reconstruct the dental office, approximately
3,966 square feet in size, in accordance with the “O-1” zoning district regulations
with some exceptions as detailed in the “S-P-1” Zoning Letter under Attachment ‘C’
of this staff report provided by the applicant.
st
On September 7, 2010 the City Council approved for 1 Reading the applicants
request subject to the following conditions and has provided the following changes:
Condition Change Provided
Dumpster has been eliminated from the
Dumpster enclosure shall match
site and all trash will be stored
existing building’s masonry and stone
internally
Dumpster has been eliminated from the
Dumpster shall be moved from its
site and all trash will be stored
location adjacent to roadway
internally
Bradford Pear Trees have been
Landscape shall be modified to have replaced with Yaupon Hollies and the
other material bufferyards have been increased to
accommodate the landscape materials
VARIANCES
The following variances are needed to the Driveway Ordinance No. 634 due to the
existing conditions on site:
Case No.
ZA10-049
driveway curb radius
1. The minimum required is 10-feet to 20-feet along a
collector street onto this property. The applicant has provided 5-feet to 5-
feet 8-inches of curb radius;
driveway distance to an intersection
2. The minimum on this property is 150-
feet. The applicant has provided 146-feet;
driveway centerline spacing
3. The minimum required is 150-feet for this
property. The applicant has provided approximately 123-feet;
driveway stacking depth
4. The minimum is 10-feet from the property line. The
applicant has provided approximately 3-feet.
ACTION NEEDED: 1) Conduct Public Hearing
nd
1) Consider 2 Reading Zoning Change & Site Plan Approval Request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) Review Summary No. 1, dated August 12, 2010
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-597
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Daniel Cortez (817) 748-8070
Case No.
ZA10-049
BACKGROUND INFORMATION
OWNER:
Dr. Greg Lee Gist
APPLICANT:
Blake Architects
PROPERTY SITUATION:
2379 N. Carroll Ave.
LEGAL DESCRIPTION:
Lot 1A, Block 1, Emerald Estates South Addition
LAND USE CATEGORY:
Medium Density Residential
CURRENT ZONING:
“O-1” Office Zoning District
PROPOSED ZONING:
“S-P-1” Detailed Site Plan Zoning District
HISTORY:
- A Final Plat was approved in April 1984 for the Emerald Estates
South Addition.
- A building permit was issued in May 1984 for a dental office and lease
space.
SOUTHLAKE 2025 PLAN:
Consolidated Land Use Plan
The Southlake 2025 comprehensive plan
designates this site as Medium Density
Medium Density
Residential. The
Residential
land use designation is
suitable for any single-family detached
residential development and limited low
intensity office and/or retail uses provided
that the nature of the use is to support the
surrounding neighborhood and that the
area is sufficiently buffered from adjacent residential property. In this regard
the proposal is consistent with the applicant’s request.
PATHWAYS PLAN:
There is a planned 8-foot 1.25 mile East Dove Road Pathway to be installed
on the north side of Dove Road. The City has already installed this pathway
for the portion on this lot on Dove Road. In addition, a 5-foot sidewalk
adjacent to N. Carroll Avenue will be installed by the applicant.
WATER & SEWER: Water
There is an existing 8-inch water line on the west side of N. Carroll Ave. that
previously served this building and will continue to do so if approved.
Sewer
There is an existing 8-inch sanitary sewer line that the building previously
connected to and will continue to do so if approved.
TREE PRESERVATION:
The development does not propose to remove any trees and will comply
with any landscape requirements.
PLANNING & ZONING
COMMISSION:
August 19, 2010; Approved (7-0) granting the variances to driveway
stacking depth, driveway curb radius, driveway centerline spacing and
driveway to intersection spacing, subject to Site Plan Review Summary No.
Case No. Attachment A
ZA10-049 Page 1
1, dated August 12, 2010.
CITY COUNCIL:
September 7, 2010; Approved (7-0) noting that the dumpster enclosure will
match the building masonry and stone; noting the applicants request to
provide a different location for the enclosed dumpster off of the main road;
noting the applicant will look into modifying the proposed landscaping for
other materials; granting the requested variances and subject to Site Plan
Review Summary No. 1, dated August 12, 2010.
STAFF COMMENTS:
Attached is Site Plan Review Summary No. 1, dated August 12, 2010.
N:\Community Development\MEMO\2010 Cases\049 - ZSP - Dr Gist Office\Staff Report
Case No. Attachment A
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Case No. Attachment B
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Plans and Support Information
Case No. Attachment C
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Case No. Attachment C
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SITE PLAN REVIEW SUMMARY
ZA10-049ONE08/12/10
Case No.: Review No.: Date of Review:
Dr. Gist Dental Office
Project Name:
APPLICANT/ARCHITECT: OWNER:
Blake Architects, Skip Blake Dr. Greg Gist
1202 S. White Chapel Blvd., Ste. A 2379 N. Carroll Ave.
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 488-9397 Phone: (817) 480-7488
Fax: (817) 251-3205 Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
08/3/2010 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
DANIEL CORTEZ AT (817) 748-8070.
1. A R.O.W. Encroachment will be needed for the monument sign if it is to remain. Contact Cheryl
Taylor at (817) 748-8100 for further information on processing.
2. The following variances will need to be requested regarding the City’s Driveway Ordinance:
a. The minimum driveway curb radius required is 10-feet to 20-feet along a collector street
into this property, 5-feet to 5-feet 8-inches of curb radius has been provided;
b. The minimum distance to an intersection for a driveway on this property is 150-feet, 146-
feet has been provided;
c. The minimum driveway centerline spacing required is 150-feet for this property,
approximately 123-feet has been provided;
d. The minimum driveway stacking depth is 10-feet from the property line, approximately 3-
feet has been provided.
Tree Conservation/Landscape Review
Keith Martin, Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. No existing trees are proposed to be removed.
* 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:
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ZA10-049 Page 1
1. The submitted Landscape Plan was prepared by a Registered Architect and not a Registered
Landscape Architect as required.
QUALIFICATION TO PREPARE PLANS: For all lots greater than 30,000 square feet, Landscape
Plans shall be prepared by a Registered Landscape Architect. For lots less than 30,000 square
feet, a Landscape Designer or Landscape Contractor, knowledgeable in plant materials and
landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a
Licensed Irrigator or Landscape Architect. The Landscape Administrator may reject plans if
deemed of insufficient quality or completeness and require that plans be prepared by a Registered
Landscape Architect or other qualified professional.
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.
* All mechanical equipment must be screened of view 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.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
* Denotes Informational Comment
.
Case No. Attachment D
ZA10-049 Page 2
Surrounding Property Owners
Dr. Gist Dental Office
SPO # Owner Zoning Land Use Acreage Response
Low Density Residential,
Carroll ISD CS 28.22
1. NR
Public/Semi-Public
Shiner, Tim SF1-A Low Density Residential 1.11
2. NR
Cotton, Billy Etux Ginger SF1-A Low Density Residential 1.12
F
3.
Gist, Greg L O1 Medium Density Residential 1.01
4. NR
Martinez, Keith A Etux Deborah SF1-A Low Density Residential 1.33
5. NR
Ford, Richard D Etux Claudia SF1-A Low Density Residential 1.40
6. NR
Hague, Felicia Etvir Jeffrey H SF1-A Low Density Residential 1.37
7. NR
Gatchel, David B SF1-A Low Density Residential 1.48
8. NR
Wiseman, Anthony R Etux Gilda SF1-A Low Density Residential 1.05
9. NR
Faulkner, Michael B SF1-A Low Density Residential 1.17
10. NR
Johnston, Holly Etvir Matthew SF1-A Low Density Residential 1.11
11. NR
Carroll Ave/Dove Road Dev Llc RPUD Medium Density Residential 4.30
12. NR
Southlake, City Of CS Public/Semi-Public 0.10
13. NR
Alan Kay Custom Homes Llc AG Low Density Residential 5.08
14. NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Fourteen (14)
Responses Received:
Within Buffer - One (1) Outside Buffer – Nine (9)
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Surrounding Property Owner Responses
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-597
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 DESCRIBED AS LOT
1A, BLOCK 1, EMERALD ESTATES SOUTH ADDITION, BEING
APPROXIMATELY 0.90 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM O-1” OFFICE
“
DISTRICT TO “S-P-1” DETAILED SITE PLAN DISTRICT, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”,
SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article 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 “O-1” Office District
under the City’s Comprehensive Zoning Ordinance; and,
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WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using
the facilities in the area immediately surrounding the sites; safety from fire hazards and
damages; noise producing elements and glare of the vehicular and stationary lights and effect of
such lights on established character of the neighborhood; location, lighting and types of signs
and relation of signs to traffic control and adjacent property; street size and adequacy of width
for traffic reasonably expected to be generated by the proposed use around the site and in the
immediate neighborhood; adequacy of parking as determined by requirements of this ordinance
for off-street parking facilities; location of ingress and egress points for parking and off-street
loading spaces, and protection of public health by surfacing on all parking areas to control dust;
effect on the promotion of health ad the general welfare; effect on light and air; effect on the
over-crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
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existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the
adequate provision of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract or
tracts of land are needed, are called for, and are in the best interest of the public at large, the
citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being described as Lot 1A, Block 1, Emerald Estates South Addition, Southlake,
Tarrant County, Texas, being approximately 0.90 acres, and more fully and
completely described in Exhibit “A” from “O-1” Office Zoning District, to “S-P-1”
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Detailed Site Plan District as depicted on the approved Site Plan attached hereto
and incorporated herein as Exhibit “B,” and subject to the following conditions:
1.
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, 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.
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That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance
of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
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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.
th
PASSED AND APPROVED on the 1st reading the 7 day of September, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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PASSED AND APPROVED on the 2nd reading the 21 day of September, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
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CITY ATTORNEY
DATE: ___________________________
ADOPTED: _______________________
EFFECTIVE: ______________________
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EXHIBIT “A”
Being described as Lot 1A, Block 1, Emerald Estates South Addition, being approximately 0.90
acres, and more fully and completely described as follows:
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EXHIBIT “B”
RESERVED FOR APPROVED SITE PLAN
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