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Item 5Case No. ZA17-062 S T A F F R E P O R T October 13, 2017 CASE NO: ZA17-062 PROJECT: Specific Use Permit for Temporary Construction Facilities EXECUTIVE SUMMARY: On behalf of Verizon Wireless Texas, LLC, Griffin Harris, PLLC is requesting approval of a Specific Use Permit for Verizon Wireless for two temporary construction facilities on property described as Lot 1, Block 1, Solana Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 500 W. Dove Rd. Current Zoning: "NR-PUD" Non-residential Planned Unit Development District. SPIN neighborhood #1. DETAILS: This project is located on the north side of W. Dove Rd. between W. S.H. 114 and W. Kirkwood Blvd. Originally, the applicant requested approval of a Specific Use Permit for Verizon Wireless to relocate two existing on-site temporary construction trailers (64 ft. x 24 ft.) from the north side of the building complex to be located adjacent to the south parking lot on the south side of the building complex. The current specific use permit for the existing trailers located on the north property will expire on December 31, 2017. The Specific Use Permit originally was requested for a period of five (5) years in the proposed new location or in the alternative, at the current location. In the Narrative, the applicant indicated that continued facility construction required the construction trailers to be on the site. At the September 21, 2017 Planning and Zoning Commission meeting, t he two construction trailers were proposed to be relocated on an approximately 155 ft. by 40 ft. concrete pad. Two (2) lay down areas, north and south of the construction trailers, would each be approximately 38 ft. by 48 ft. and 40 ft. by 40 ft., respectively. The existing temporary construction trailers would maintain the photographic building wraps that were placed on the trailers in the previous specific use permit request under ZA15-009. A chain-link construction fence with brown screening fabric was proposed to surround the two lay down areas. The proposed location for the two temporary construction trailers, concrete pad, and two laydown areas would necessitate the removal of 11 (89 caliper inches) trees and will require tree protection fencing for 16 trees near the trailers and in and near the lay down areas. The applicant proposed to mitigate the removed trees (89 caliper inches) with 37 trees (122 caliper inches) that include Live Oak, Cedar elm, Red Oak, Magnolia, Eldarica Pine, Red Bud, and Eastern Red Cedar trees. The proposed tree mitigation would be located between the proposed temporary trailers and the SH114 access road adjacent to the trailers. Additionally, 39 Eleagnus shrubs would be planted on the west side of the temporary trailers. Since the September 21, 2017 Planning and Zoning Commi ssion meeting, the applicant has revised their application to request a 3-year extension for the existing Department of Planning & Development Services Case No. ZA17-062 two construction trailers and that they remain “as is” in their current location north of the building.The trailers will still maintain the photographic building wraps. The applicant is requesting a continuation of the existing variance to the required landscaping for the trailer foundation due to the distance from the edge of the property and due to existing heavy landscaping adjacent to the trailers. VARIANCE REQUEST: The applicant is requesting a continuation to the variance to the specific use permit requirement to provide foundation landscape planting consisting of one (1) five - gallon shrub per four (4) linear feet around skirting (excluding entrances). ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider a Specific Use Permit Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Review Summary No. 2, dated September 15, 2017 (D) Surrounding Property Owners Map and Responses Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to Narrative Link to Plans Link to SPIN Report STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA17-062 Page 1 BACKGROUND INFORMATION OWNER: Verizon Wireless Texas, LLC APPLICANT: Griffin Harris, PLLC PROPERTY SITUATION: 500 W. Dove Road, generally located at the northeast corner of W. S.H 114 and W. Dove Rd. LEGAL DESCRIPTION: Lot 1, Block 1, Solana Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: “NR-PUD” – Non-Residential Planned Unit Development District HISTORY: October 17, 1995; City Council approved a Rezoning and Concept Plan for Solana (Non-residential) to “NR-PUD” Non-Residential Planned Unit Development with “C-3” General Commercial District, “O-2” Office District, “HC” Hotel District, and “CS” Community Service District uses. June 14, 2001; City Council approved a site plan. (ZA01-056) June 14, 2001; City Council approved a preliminary plat for Lots 1 and 2, Block 1, Solana Addition. (ZA01-058) June 14, 2001; City Council approved a final plat for Lot 1, Block 1, Solana Addition. (ZA01-059) November 15, 2011; City Council approved a site plan to add an approximately 56,529 square foot two-story expansion to the existing Verizon Wireless facility for increased network space and area for infrastructure and a service yard surrounded by a twenty (20) foot wall adjacent to the expansion. Construction is underway on this expansion. (ZA11-050) December 4, 2012; City Council approved a site plan (ZA12-096) to add a two-phase, two-story expansion with approximately 5,800 square feet of floor area on each floor and an approximately 6,500 square foot service yard. March 2012; Building permits were issued by right as a permitted accessory use for a temporary construction facility at the northwest corner of W. Dove Rd. and Kirkwood Blvd. for a period not to exceed two years. March 4, 2014; City Council approved a Specific Use Permit to keep the temporary construction facility at the northwest corner of W. Dove Road and Kirkwood Blvd. past the two-year period allowed by right was approved by City Council with an expiration date to be the earlier of sixty (60) days after the Certificate of Occupancy was issued or November 15, 2014. The requested variances for the building not to be skirted, the landscaping requirement not being met and the paved parking spaces not being provided were granted with approval of the SUP. The construction trailer was recently removed from the property. (ZA14-013) Case No. Attachment A ZA17-062 Page 2 May 5, 2015; Approved (6-0) subject to Staff Report dated April 28, 2015, noting that Verizon will work with the staff and HOA on placement of the plantings along Dove Road and Kirkwood Boulevard to shield the cars in the parking lot and including the enhanced landscape plan as presented granting the variance on the landscaping for the two temporary facilities. (ZA15-009) September 20, 2016; City Council approved 2 electric vehicle charging spaces for 4 parking spaces near the main entrance to the building subject to Staff Report dated September 13, 2016 and noting the following: • Approved four parking spaces as indicated site plan and presented as electric vehicle charging parking spaces; and, • Also approved the location of the two dual electric charging stations, signage and parking control devices as presented and provided as an exhibit in the staff report, specifically requiring the bollards located in front of the charging stations to be painted grey. (ZA16-068) February 21, 2017; City Council approved a site plan and elevations for Verizon Wireless Dock expansion; requiring the installation of an approximate 200 linear foot screen of landscape materials running parallel to the building and east of the dock area and an approximate 80 linear foot dock screening wall matching the building brick and trim and located north of the dock area as indicated on the site plan, and the extent of the wall will not exceed the limits shown on the site plan; approving variances to Ordinance No. 480 in association with the dock expansion for Corridor Overlay Zone, Section 43.9.c.2(c), for loading and service area, Residential Adjacency Standards, Section 43.13a(6),for loading and service area, Corridor Overlay Zone, Section 43.9.c.1.c, for screening of mechanical equipment, Residential Adjacency Standards, Section 43.13.A.3, for screening of mechanical equipment; noting as part of this approval, Council is directing staff to have administrative approval authority over the design and implementation of the 200 linear foot area of landscape materials and noting a minimum installation of eight foot plant materials and noting that Council recognizes that due to seasonal changes, the impact on plant life may change and vary throughout the year and Council is noting that the applicant is fully compliant with the screening requirement based upon tonight’s approval regardless of seasonal changes; and noting that the 200 linear foot landscape materials are to be staggered plantings of eastern red cedars, a minimum of eight foot tall, four foot spread at planting and six foot on center. (ZA16-100) TREE PRESERVATION: The applicant is proposing to remove 11 trees adjacent to the parking lot at the location of the proposed temporary construction trailers and proposed lay down areas. Sixteen trees are proposed to remain adjacent to the area and will be surrounded by tree protection fencing. The applicant has proposed the removed trees (89 caliper inches) will mitigated with 37 trees (122 caliper inches). CITIZEN INPUT: A SPIN meeting will be held for this project on September 26, 2016. PLANNING AND ZONING COMMISSION: September 21, 2017; Approved (5-0) a motion to table the item, at the Case No. Attachment A ZA17-062 Page 3 applicant’s request, until the next regular Planning and Zoning Commission meeting on October 5, 2017. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated September 15, 2017. 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. (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 cha racter 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, Case No. Attachment A ZA16-037 Page 2 morals and general welfare. i. 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 s urrounding 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. \\SLKSV1057\THLocal\Community Development\MEMO\2017 Cases\062-SUP- Verizon Wireless Temporary Construction Facility Case No. Attachment B ZA17-062 Page 1 Case No. Attachment C ZA17-062 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA17-062 Review No.: Two Date of Review: 9/15/17 Project Name: Specific Use Permit – Verizon Wireless Temporary Construction Facilities APPLICANT: Cellco Partnership dba Verizon Wireless OWNER: Cellco Partnership dba Verizon Wireless Contact: Kathy LaLonde Contact: Kathy LaLonde 180 Washington Valley Rd. 180 Washington Valley Rd. Bedminster, NJ 07921-2123_____________________ Phone: 210-534-0900__________________________ Email: klalonde@griffinharris.com Bedminster, NJ 07921-2123_____________ Phone: 210-534-0900__________________ Email: klalonde@griffinharris.com City staff has reviewed the above referenced project received by the city on 8/28/17 and we offer the following stipulations. These stipulations are hereby made conditions of Specific Use Permit approval unless specifically amended by the City Council. If you have any questions or need further clarification, please contact the appropriate staff member. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email:pmoos@ci.southlake.tx.us 45.18 SPECIFIC REGULATIONS FOR TEMPORARY CONSTRUCTION AND/OR SALES FACILITIES (As amended by Ordinance 480-IIII) 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. (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 sk irting (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. _________________________________________________________________________________ Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us Case No. Attachment C ZA17-062 Page 2 TREE PRESERVATION COMMENTS: 1. There are two (2) existing native trees (#118, #119) shown to be preserved within the north Temporary Staging Location. If the intent is to grade, and store equipment within the Temporary Staging area than that is altering the trees shown to be preserved. ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to cause a tree to die, including but not limited to, any of the following: uprooting any portion of the tree’s root system; severing the main trunk of the tree; inflicting damage upon the tree’s root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical root zone of a tree or uphill from the critic al root zone of the tree so as to divert the flow of water to or away from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree; placement of impermeable material over any portion of the critical root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. 2. There is a typo on the Tree Conservation Plan. Tree #116 is labeled as #115. There are two labeled #115. LANDSCAPE COMMENTS: 1. The submitted letter states that trees will be added between the highway and the trailers. A hedgerow of shrubs is also required to be placed around the perimeter of the trailers. Please submit a landscape plan showing the existing landscaping within the area and the landscaping that will be installed. * Indicates informational comment. # Indicates required items comment. Fire Review Kelly Clements Fire Marshal Phone: (817) 748-8233 Email:kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on the submitted information. Public Works/Engineering Review Steve Anderson, P.E. Deputy City Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us No comments on the submitted information. Case No. Attachment C ZA17-062 Page 3 _________________________________________________________________________________ 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 lighting must comply with the Lighting Ordinance No. 693, as amended. * Development must comply with all requirements in Zoning Ordinan ce No. 480, Section 43, Overlay Zones. * Denotes Informational Comment Case No. Attachment D ZA17-062 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO# Owner Name Zoning Physical Address Acreage Response 1. KIRKWOOD HOLLOW HO ASSOC RPUD 2819 TYLER ST 1.17 NR 2. MESENBRINK, DANIEL S RPUD 2801 TYLER ST 0.67 NR 3. KIRKWOOD HOLLOW HO ASSOC RPUD 2800 TYLER ST 0.70 NR 4. KIRKWOOD HOLLOW HO ASSOC RPUD 2798 TYLER ST 0.09 NR 5. KIRKWOOD HOLLOW HO ASSOC RPUD 416 ORCHARD HILL DR 0.46 NR 6. KIRKWOOD HOLLOW HO ASSOC RPUD 420 ORCHARD HILL DR 0.14 NR 7. JASTI, VENKATA RPUD 417 ORCHARD HILL DR 0.51 NR 8. KIRKWOOD HOLLOW HO ASSOC RPUD 421 ORCHARD HILL DR 0.74 NR 9. SCOTT, EVAN RPUD 422 COPPERFIELD ST 0.44 NR 10. FINCHER, RYAN RPUD 421 COPPERFIELD ST 0.40 NR 11. AGUALIMPIA, JUAN RPUD 420 STOCKTON DR 0.38 NR 12. MANSOOR, SHADAN RPUD 2308 IDLEWILD CT 0.40 NR 13. KIRKWOOD HOLLOW HO ASSOC RPUD 425 STOCKTON DR 0.32 NR 14. BOLLINI, SASHIDHAR RPUD 2304 IDLEWILD CT 0.37 NR 15. MORALES, MICHAEL D RPUD 2300 IDLEWILD CT 0.38 NR 16. SOUTHLAKE, CITY OF RPUD 150 W DOVE RD 0.44 NR 17. 114 LA PALOMA HOLDINGS LLC AG 2001 SHADY OAKS DR 5.64 NR 18. VERIZON WIRELESS TEXAS LLC NRPUD 500 W DOVE RD 24.86 NR 19. DALLAS MTA LP NRPUD 747 W STATE 114 HWY 19.99 NR 20. SOUTHLAKE DOVE ASSOCIATES LLC SP2 500 W SH 114 29.49 F 21. SOUTHLAKE DOVE ASSOCIATES LLC SP2 500 W SH 114 24.95 F 22. NEILL, ROSEMMA SF1-A 2201 SHADY OAKS DR 1.50 NR 23. TOLL DALLAS TX LLC RPUD 2413 AMELIA ISLAND PATH 12.90 NR 24. Superintendent of Carroll ISD 2400 N Carroll Ave NR Case No. Attachment D ZA17-062 Page 2 25. Superintendent of Grapevine Colleyville ISD 3051 Ira E Woods Ave NR 26. Superintendent of Northwest ISD PO Box 77070 NR 27. Superintendent of Keller ISD 350 Keller Pkwy NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nineteen (19) Responses: In Favor: 2 Opposed: 0 Undecided: 0 No Response: 0 Responses Received within 200’: Responses Received Outside 200’: Case No. Attachment D ZA17-062 Page 3 Responses