Item 12 - ZA16-053 SUP Temporary Sales Facility Highland OaksCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
July 29, 2016
CASE NO: ZA16-053
PROJECT: Specific Use Permit for a Temporary Sales Facility in Highland Oaks
EXECUTIVE
SUMMARY: Our Country Homes is requesting approval of a Specific Use Permit for a
temporary sales facility on property described as Lot 3, Block 2, Highland Oaks
Addition, an addition to the City of Southlake, Tarrant County, Texas and located
at 1205 Rothschild Blvd. on approximately .35 acres, Southlake, Texas. Current
Zoning: "R -PUD" Residential Planned Unit Development District. SPIN
Neighborhood # 7.
REQUEST
DETAILS: Our Country Homes is requesting approval of a Specific Use Permit for a
temporary sales facility in Highland Oaks for a period of one (1) year. The
proposed temporary sales facility is a 624 square foot (12 foot width by 53 foot
length) trailer with (2) paved parking spaces and access from Rothschild
Boulevard. The proposed sales facility will have the required landscape planting
consisting of one (1) five -gallon shrub per four (4) linear feet around the required
skirting (excluding entrances).
VARIANCE: A variance is being requested to the specific use permit requirement that the
temporary sales facilities must be at least two hundred (200) feet from any
occupied residence. The proposed trailer is approximately 45 -feet from the
residence on the adjacent north lot and approximately 109 -feet from the
residence on the northeast lot located as shown in the submitted plans. The
applicant has indicated that the sales facility location on this lot will provide good
visibility for the builder in selling their product as noted in the submitted narrative.
Section 45.18. Specific Use Permit Regulation
SUP Regulation I Section 45.18(a) Permitted I Proposed
Distance from an Temporary facilities must be at 45 -feet (adjacent north
Occupied least two hundred (200) feet from lot) and 109 -feet (lot to
Residence any occupied residence. the northeast)
ACTION: 1) Conduct a Public Hearing
2) Consider Approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owners Map
(D) Surrounding Property Owners Responses
(E) Resolution No. 16-036
Case No.
ZA16-053
Link to PowerPoint Presentation
Link to Narrative
Link to Plans
Page 1- Proposed Trailer Location
Page 2- Proposed Site Plan
Page 3-5 - Exhibits of Proposed Trailer
Page 6- Landscape Plan
Page 7-8- Site Photographs
Page 9- Variance Request Exhibit
STAFF CONTACT: Dennis Killough (817)748-8072
Patty Moos (817)748-8269
Case No.
ZA16-053
BACKGROUND INFORMATION
APPLICANT/OWNER: Our Country Homes
PROPERTY SITUATION: 1205 Rothschild Blvd.
LEGAL DESCRIPTION: Lot 3, Block 2, Highland Oaks Addition
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: "NR -PUD" — Non -Residential Planned Unit Development District
HISTORY: August 5, 1997; City Council approved a zoning change from "AG"
Agricultural to "SF -1B" Single Family Residential District for the current
Lots 8, 9R1 and 10, T.M. Hood No. 706 Addition.
February 27, 1998; a plat showing for Lots 8, 9 and 10, T. M. Hood No.
706 Addition was filed.
January 19, 1999: a plat revision was filed for Lots 9R1 and 9R2, Hood
No. 706 Addition.
February 5, 2013: City Council approved a Land Use Plan Amendment
(CP12-006) to change the land use designation from Low Density
Residential to Medium Density Residential.
February 5, 2013; City Council approved a Zoning Change and
Development Plan (ZA12-099) from "AG" Agricultural District and "SF1-B"
Single Family Residential District to "R -PUD" Residential Planned Unit
Development District.
February 5, 2013; City Council approved a Preliminary Plat (ZA12-112)
for Highland Oaks.
August 20, 2013; City Council approved a Zoning Change and
Development Plan for Highland Oaks subject to Development Plan
Review Summary No. 1, dated July 12, 2013.
STAFF COMMENTS: Due to the limited scope of this request, there are no staff review
comments.
The City Council shall consider the following in determining whether to
grant a Specific Use Permit for a temporary construction and/or sales
facility according to the Comprehensive Zoning Ordinance No. 480,
Section 45.18, as amended:
1) The City Council may grant a specific use permit to increase the
maximum parameters set forth for temporary construction facilities by
Section 34 of this ordinance and may grant a specific use permit to
allow temporary sales facilities subject to the following standards:
(a) Temporary facilities must be at least two hundred (200) feet from
any occupied residence.
Case No. Attachment A
ZA16-053 Page 1
(b) Temporary facilities must be skirted on the front and sides.
(c) Temporary facilities must provide foundation landscape planting
consisting of one (1) five -gallon shrub per four (4) linear feet
around skirting (excluding entrances).
(d) Each temporary facility shall have at least two (2) paved parking
places (two (2) deep, tandem parking is not permitted).
(e) Temporary facilities may also be subject to other requirements as
deemed necessary in order to promote public health, safety,
welfare and aesthetics.
Additionally, in granting or denying an application for a specific use
permit, the City Council shall take into consideration the following factors:
a. Safety of the motoring public and of pedestrians using the facility and
the area immediately surrounding the site.
b. Safety from fire hazard, and measures for fire control.
c. Protection of adjacent property from flood or water damage.
d. Noise producing elements; and glare of vehicular and stationary lights
and effect of such lights on established character of the
neighborhood.
e. Location, lighting and type of signs; and relation of signs to traffic
control and adverse effect on adjacent properties.
f. Street size and adequacy of pavement width for traffic and reasonably
expected to be generated by the proposed use around the site and in
the immediate neighborhood.
g. Adequacy of parking, as determined by requirements of this chapter
for off-street parking facilities for similar uses; location of ingress and
egress points for parking and off-street loading spaces; and protection
of the public health by all-weather surfacing on all parking areas to
control dust.
h. Such other measures as will secure and protect the public health,
safety, morals and general welfare.
City Council may grant variances to specific regulations associated
with a specific use set forth in Sections 45. To receive a variance, the
applicant must demonstrate one of the following (As amended by
Ordinance No. 480-MMMM):
(a) A variance will reduce the impact of the project on surrounding
residential properties; or
(b) Compliance with this ordinance would impair the architectural
design or creativity of the project; or
(c) A variance is necessary to assure compatibility with surrounding
developed properties; or
(d) The proposed construction is an addition to an existing project
that does not meet the requirements of this ordinance.
Case No. Attachment A
ZA16-053 Page 2
498
488
Vicinity Map
1205 Rothschild Blvd.
v
M 320 316 312 308 300 1 212 ;
311 309 305 301
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ZA16-053
Specific Use Permit
Temporary Sales Facility
0 200 400 800
Feet
ZA16-053 Page 1
Surrounding Property Owners
1320 1310 -
R 320 316 312 308 300 _ _212 208 204_200 10@
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Owner
Zoning
Address
Acreage
Response
1.
RIORDAN CAPITAL PROP. LP
SF1-A
1112 LINNEA LN
0.95
NR
2.
MCKINNEY, SABRINA
SF1-A
1113 LINNEA LN
1.31
NR
3.
MANGINI, CYNTHIA A
AG
0.76
NR
4.
WOOD, JAMES C
AG
1180 N WHITE CHAPEL BLVD
1.57
NR
5.
MANGINI, CYNTHIA A
AG
249 W HIGHLAND ST
0.46
NR
6.
MCCOY, BARRY M
AG
1250 N WHITE CHAPEL BLVD
1.06
NR
7.
TERRA/HIGHLAND OAKS LLC
RPUD
311 MONTROSE LN
0.24
F
8.
K HOVNANIAN HOMES - DFW LLC
RPUD
1208 LAFITE LN
0.39
NR
9.
K HOVNANIAN HOMES - DFW LLC
RPUD
1204 LAFITE LN
0.35
NR
10.
TERRA/HIGHLAND OAKS LLC
RPUD
1213 ROTHSCHILD BLVD
0.39
F
11.
TERRA/HIGHLAND OAKS LLC
RPUD
1205 ROTHSCHILD BLVD
0.35
F
12.
TERRA/HIGHLAND OAKS LLC
RPUD
1200 ROTHSCHILD BLVD
0.80
F
13.
TERRA/HIGHLAND OAKS LLC
RPUD
1208 ROTHSCHILD BLVD
0.39
F
14.
TERRA/HIGHLAND OAKS LLC
RPUD
301 MONTROSE LN
0.38
F
15.
TERRA/HIGHLAND OAKS LLC
RPUD
305 MONTROSE LN
0.35
f
16.
DAVIS, STEPHEN A
RPUD
300 W HIGHLAND ST
1.00
NR
17.
K HOVNANIAN HOMES DFW LLC
RPUD
321 MONTROSE LN
0.36
NR
18.
TERRA/HIGHLAND OAKS LLC
RPUD
320 W HIGHLAND ST
0.48
F
19.
TERRA/HIGHLAND OAKS LLC
RPUD
317 MONTROSE LN
0.35
F
20.
TERRA/HIGHLAND OAKS LLC
RPUD
310 W HIGHLAND ST
0.47
F
21.
K HOVNANIAN HOMES DFW LLC
RPUD
320 MONTROSE LN
0.35
NR
22.
K HOVNANIAN HOMES - DFW LLC
RPUD
316 MONTROSE LN
0.34
NR
23.
TERRA/HIGHLAND OAKS LLC
RPUD
309 MONTROSE LN
0.38
F
24.
TERRA/HIGHLAND OAKS LLC
RPUD
312 MONTROSE LN
0.35
F
25.
TERRA/HIGHLAND OAKS LLC
RPUD
308 MONTROSE LN
0.56
F
26.
TERRA/HIGHLAND OAKS LLC
RPUD
208 MONTROSE LN
0.36
F
27.
K HOVNANIAN HOMES - DFW LLC
RPUD
300 MONTROSE LN
0.39
NR
28.
TERRA/HIGHLAND OAKS LLC
RPUD
212 MONTROSE LN
0.37
F
29.
TERRA/HIGHLAND OAKS LLC
RPUD
108 MONTROSE LN
0.36
F
30.
K HOVNANIAN HOMES - DFW LLC
RPUD
200 MONTROSE LN
0.36
NR
31.
TERRA/HIGHLAND OAKS LLC
RPUD
1201 ROTHSCHILD BLVD
1.52
F
32.
K HOVNANIAN HOMES - DFW LLC
RPUD
204 MONTROSE LN
0.37
NR
33.
TERRA/HIGHLAND OAKS LLC
RPUD
325 MONTROSE LN
0.03
F
34.
TERRA/HIGHLAND OAKS LLC
RPUD
1200 LAFITE LN
0.37
F
35.
Badaru, Lal and Kommareddy, Gargeyi
RPUD
1209 ROTHSCHILD BLVD
0.34
O
36.
TERRA/HIGHLAND OAKS LLC
RPUD
313 MONTROSE LN
0.35
F
37.
RIDE WITH PRIDE INC
RPUD
324 MONTROSE LN
0.51
NR
38.
RIDE WITH PRIDE INC
RPUD
340 W HIGHLAND ST
0.49
NR
Case No.
Attachment C
ZA16-053
Page 1
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Thirty-eight (38)
Responses Received: In Favor: 20 Opposed: 1 No Response: 17 Undecided: 0
Note: Ownership based on 10-1-15 TAD information
Case No. Attachment C
ZA16-053 Page 2
Surrounding Property Owners Responses
From:
Gmail
Sent:
Thursday, July 28, 2016 7:26 PM
To:
Pmoos@ci.southlake.tx.us
Cc:
Gargeyi Kommareddy
Subject:
Regarding case ZA16-053
Hi,
We reside at 1209 Rothschild Blvd, Southlake Tx 76092.
I am writing this mail regarding case ZA 16-053.
We called the city of Southlake and asked about the above case. City of southlake informed that
the builder is seeking permit to put/erect a sales/marketing trailer in the lot, which is next to our
home.
We object to putting the sales trailer in that lot.
Lal Bandaru
Case No. Attachment D
ZA16-053 Page 1
Notification Response Form
ZA16-053
Meeting Date: August 4, 2016 at 6:30 PM
TERRA/HIGHLAND OAKS LLC
395 W NORTHWEST PKWY STE 300
SOLITHLAKE, TX 76092
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the f the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Specific Use Permit referenced above.
Space for comments regarding your position:
Signature:
Additional Signature:
Date: 3* -Ab
Date:
Printed Name(s): lA.LL_ RBC ',,
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property.
.?UL r
Phone Number (optional): ��7-�%� �VA� _ � 2016
RESOLUTION NO. 16-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
TEMPORARY SALES FACILITY ON PROPERTY DESCRIBED LOT 3,
BLOCK 2, HIGHLAND OAKS ADDITION, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED
PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for a temporary sales facility has been requested by a person
or corporation having a proprietary interest in the property zoned as "R -PUD" Residential Planned Unit
Development District; and,
WHEREAS, in accordance with the requirements of Sections 45.1(46) and 45.18 of the City's
Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have
given the requisite notices by publication and otherwise, and have afforded the persons interested and
situated in the affected area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that the granting of such Specific
Use Permit is in the best interest of the public health, safety, morals and general welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
A Specific Use Permit is hereby granted to allow a temporary sales facility on property within the City of
Southlake, Texas, located at 1205 Rothschild Blvd., location being described as Lot 3, Block 2, Highland
Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, more fully and completely
described in Exhibit "A", and as depicted on the approved plan attached hereto and incorporated herein
as Exhibit "B" and providing an effective date, subject to the provisions contained in the comprehensive
zoning ordinance and the restrictions set forth herein. The following specific requirements and special
conditions shall be applicable to the granting of this Specific Use Permit:
RESERVED for the City Council motion
Case No. Attachment E
ZA16-053 Page 1
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS DAY OF , 2016.
CITY OF SOUTHLAKE
IS
ATTEST:
Lori Payne, TRMC
City Secretary
Laura Hill, Mayor
Case No. Attachment E
ZA16-053 Page 2
EXHIBIT A
Lot 3, Block 2, Highland Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas
Case No. Attachment E
ZA16-053 Page 3
EXHIBIT B
Reserved for exhibit
Case No. Attachment E
ZA16-053 Page 4