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Item 9 - ZA16-053 SUP Temporary Sales Facility in Highland Oaks13 ITT OF S0UTHLA1<4,,E Department of Planning & Development Services STAFF REPORT August 12, 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. ACTION: Section 45.18. Specific Use Permit Regulation SUP Regulation Section 45.18(a) Permitted Proposed Distance from an Temporary facilities must be at least 45-feet (adjacent north Occupied two hundred (200) feet from any lot) and 109-feet (lot to Residence occupied residence. the northeast) 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 Pages 3-5 Exhibits of Proposed Trailer Page 6 Landscape Plan Pages 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-1 B" 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. PLANNING AND ZONING COMMISSION: August 4, 2016: Approved (5-0) the motion to table the item due to the applicant not being present to the regular Planning and Zoning Commission Meeting, dated August 18, 2016. 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 Case No. Attachment A ZA16-053 Page 1 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. (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 Case No. Attachment A ZA16-053 Page 2 (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 3 Vicinity Map 1205 othschi Id Blvd. • �9 1 2,1 I �13-0Ili 1360 � cn 1320 "10 ri 320 316 312 3,1]S 30NO • 20Q 108 Hi- hls ndl 311 309(S5 301 cv 321 317 313 LL— r 496 4H 1 40CI 34{J 820 31G 3QQ a,. 49 48* 470 48 339 IL 101 I lul 1201 1 211 1 221 1160 � I �i 32T 519 �IJ17 9f5 93 _r D 922 a €+ 918 9 F W 1 6-053 Specific Use Permit Temporary Sales Facility ZA16-053 Page 1 Surrounding Property Owners N. 4. m - m a -, a s--'�� Owner Zoning Address Acreage Response 1. RIORDAN CAPITAL PROP. LP SF1-A 1112 LINNEA LN 0.95 NR 2. MCKINNEY, SABRINA SP-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, Lai and Kommaredd , Gar e i RPUD 1209 ROTHSCHILD BLVD 0.34 O 36.1 TERRA/HIGHLAND OAKS LLC RPUD 313 MONTROSE LN 0.35 F 37.1 RIDE WITH PRIDE INC RPUD 324 MONTROSE LN 0.51 NR 38.1 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: Email Sent: Thursday, July 28, 2016 7.26 PM To: Prnoosci.southlake.tx.us Cc: Gargieyi Kom mareddy Subject: Regarding; case ZA16-053 We reside at 1209 Rothschild Blvd. Southlake Tx 76092. I any writing this mail regarding case ZA 16-053. e called the city oafsouthlake and asked about the above case. City of southlake informed that the builder is seeking permit to puts"erect a sale sfinarketino- trailer in the lot, which is next to our hone, We o iect to putting the sales trailer in that tut. Case No. Attachment D ZA16-053 Page 1 Notification Response Form i s-063 Meeting date: August 4, 2016 at 6:30 PM TERRAtHIGHLAND OAKS LLC 95 W NORTHWEST PKWY STE 300 OLITHLAh4F, TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being 7favor f the property so noted ahover are hereby inopposed to undecided about (circle or underline one) the proposed Speclic Use Kermit referenced move. Space for comments regarding yourposition: Signature: AdditionalSignature: I Date: 3ZLA& Date: Printed Narrre(s): � a 4 VA I Must bL� propnrfiy owrper{i) whose names) are printed at tap- CNhamise Gonlaot the Rlannirvg Depaftment, Om form per properly. Phone Number (optional)- — ,_, i 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