Item 17Case No.
ZA17-081
S T A F F R E P O R T
October 13, 2017
CASE NO: ZA17-081
PROJECT: Specific Use Permit for Temporary Construction Facilities
EXECUTIVE
SUMMARY: Cooper and Company, on behalf of Brownstones at Town Square, L.P., is
requesting approval of a Specific Use Permit for Temporary Construction
Facilities for the Garden District Brownstones and the Parkview Residences on
property described as Lot 1, Block 20, Garden District and Phase C
Brownstones, an addition to the City of Southlake, Tarrant County, Texas and
located at 351 Central Avenue, Southlake, Texas, and located at 351 Central
Avenue. Current Zoning: “DT” Down Town District. SPIN Neighborhood # 8.
REQUEST
DETAILS: Cooper and Company is requesting approval of a Specific Use Permit to allow up
to seven (7) construction trailers for the general contractor and sub-contractors of
the Parkview Residences and one (1) construction trailer for the general
contractor of the Garden District Brownstones for a two (2) year period ending
November 7, 2019. The Garden District Brownstones construction trailer specific
use permit expired in March 2017. Currently, there is a Garden District
Brownstones sales trailer located on Central Avenue. This trailer was approved
under ZA14-001 for a 5-year period, expiring on March 31, 2019.
The proposed Parkview Residences construction trailers will be located north of
the existing park along Park Ridge Blvd., west of the existing Garden District
Brownstones construction trailer, and adjacent to the Garden District
Brownstones sales trailer to the west. The initial construction trailer will be used
by the general contractor and will be approximately 600 square feet or less.
Additional trailers will be smaller in size and will be added for subcontractors, as
needed. The existing Garden District Brownstones Rendition Homes construction
trailer (12 ft. x 40 ft.) is proposed to remain on the site. The specific use permit
requires a minimum of two (2) paved parking spaces per facility and will be met
by sixteen (16) parking spaces provided on Park Ridge Blvd. The applicant is
proposing to install two construction gates; one at the west end of the
construction enclosure at the intersection of Park Ridge Blvd. at Central Avenue
and one east of the existing Rendition Homes construction trailer on Park Ridge
Blvd. (currently a private road until it is released by the developer). Existing
fencing along the north and south perimeter will remain and additional fencing
will be extended to the proposed east gate. No fencing is proposed on the north
side of Park Ridge Blvd. between the proposed construction gates. A trash
dumpster is proposed to be located within the construction trailer enclosure. All
specific use permit requirements will be met with the exception of the required
foundation landscaping. A variance will be requested to this requirement.
Department of Planning & Development Services
Case No.
ZA17-081
VARIANCE
REQUEST: The applicant is requesting a variance to the requirement to provide foundation
landscape planting consisting of one (1) five-gallon shrub per four (4) linear feet
around skirting (excluding entrances). The applicant has indicated that there will
be opaque fencing around the construction trailer enclosure.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider a Specific Use Permit Request
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owners Map
(D) Surrounding Property Owners Responses
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to Narrative
Link to Plans
STAFF CONTACT: Dennis Killough (817)748-8072
Patty Moos (817)748-8269
Case No. Attachment A
ZA17-081 Page 1
BACKGROUND INFORMATION
APPLICANT: Cooper and Company
OWNER: Brownstones at Town Square, L.P.
PROPERTY SITUATION: 351 Central Avenue.
LEGAL DESCRIPTION: Lot 1, Block 20, Garden District and Phase C Brownstones
LAND USE CATEGORY: Town Center
CURRENT ZONING: “DT” Down Town District
HISTORY: Key approvals associated with Southlake Town Square and residential
development in Town Square:
January 7, 1997 (ZA96-145): Original “PUD” Zoning & Concept Plan
approved for Southlake Town Square;
August 19, 1997 (ZA97-099 and ZA97-100): Southlake Town Square
Phase I Development Plan and Site Plan approved;
February 4, 2003 (ZA02-104); “DT” Downtown District Zoning & Concept
Plan was approved;
April 1, 2003 (ZA03-013) Specific Use Permit for the Brownstone
residential units was approved.
September 7, 2004 (ZA04-057) Preliminary Plat for Block 22, Southlake
Town Square was approved. This area has been designated as open
space by the approved concept plan, development plan and the previous
preliminary plat and has been intended to be dedicated to the City for use
as a park. The purpose of this plat is to subdivide the block into two lots
so that a final plat may be approved and recorded for the dedication and
conveyance of approximately 2 acres of the future 6 acre park in
connection with the residential “Brownstone” project. The final platting of
the remaining 4 acres is being deferred awaiting further development of
the Town Square project.
October 5, 2004 (ZA04-066 & ZA04-067): Revised Concept Plan & Site
Plan for Southlake Town Square’s Grand Avenue District was approved;
September 6, 2005 (ZA05-075): Revised Concept Plan for the purpose of
relocating open space/park land from Block 22 (3.78 acres open space
removed) to Block 19 (2.80 acres open space provided) was approved,
which left a shortfall of 0.98 acres of open space. At the time of approval,
Cooper & Stebbins was reviewing appropriate potential new park areas in
Blocks 11 and 20 and planned to designate new park space in one or
both of these blocks, having a combined area of not less than 0.98 acres.
July 17, 2007 (ZA07-050): Zoning Change and Revised Concept Plan for
the purpose of changing the block configurations and realigning Division
Case No. Attachment A
ZA17-081 Page 2
and State Streets to accommodate the proposed DPS Central Facility.
This plan also relocates open space from the north side of Division Street
to the south side directly adjacent to McPherson Park. This relocation
results in 0.51 acres of park land being added to McPherson Park. The
applicant requested a 0.44 acre open space reduction from the currently
approved concept plan, but City Council denied the request and approved
the item with the following stipulations:
1) The City will retain 0.44 acres of open space with location to be
determined later;
2) Requiring a schematic for the open space to be brought before
Council prior to the final approval of the block north of the
Brownstones;
3) Requiring the open space north of the Brownstones to be open to
the public.
May 3, 2011; (ZA10-068) A text amendment to Section 37 (“DT”
Downtown District) of Zoning Ordinance No. 480, as amended, creating
new definitions for “Garden District” and “Garden District Residences” as
well as providing additional development regulations for such
development was approved.
May 3, 2011; (ZA10-069) A revised Concept Plan for the Garden District,
including 130 Garden District Residences and 10 Brownstones, was
approved.
November 19, 2013; (ZA13-011) A revised Concept Plan for the Garden
District and Brownstones Phase C to allow construction of 60 Garden
District Residences and 33 Brownstones for a total of 93 residential units
on approximately 7.472 acres was approved.
November 19, 2013; (ZA13-012) A Preliminary Plat for Southlake Town
Square Garden District and Brownstones Phase C to develop 60 Garden
District residential units and 33 Brownstones was approved.
November 19, 2013; (ZA13-053) A Specific Use Permit (SUP) for the
Brownstones, which includes portions of Phase B, Phase C and the
Garden District to develop 33 Brownstones on approximately 4.89 acres
was approved.
November 19, 2013; (ZA13-054) A Specific Use Permit (SUP) for
residential lofts in the Southlake Town Square “DT” Downtown District for
The Residences to allow the construction of 38 residential lofts in a five-
story building on an approximately 0.60 acre lot was approved allowing
for a period of 24 months before commencing construction of the use.
April 1, 2014; City Council approved the specific use permit for a
temporary sales facility for a 5-year period, expiring March 31, 2019.
(ZA14-001)
March 11, 2015; a construction trailer permit was issued to Rendition
Luxury Homes with an expiration date of March 11, 2017.
Case No. Attachment A
ZA17-081 Page 3
September 15, 2015; (ZA15-094) A Specific Use Permit (SUP) for
residential lofts in the Southlake Town Square “DT” Downtown District,
which proposed a revision of the previous SUP approval to extend the
expiration date from November 19, 2015 to March 31, 2016 and to
increase the maximum height from approximately 52’ 4” to approximately
59’ was denied by City Council.
October 20, 2015; (ZA15-107) A Specific Use Permit (SUP) for residential
lofts in the Southlake Town Square “DT” Downtown District, which
proposed a revision of the previous SUP approval to extend the
expiration date from November 19, 2015 to November 20, 2016 and to
increase the maximum height from approximately 52’ 4” to approximately
59’ 3” was approved by City Council (Option 1).
October 20, 2015; (ZA15-108) A Specific Use Permit (SUP) for residential
lofts in the Southlake Town Square “DT” Downtown District, which
proposed a revision of the previous SUP approval to extend the
expiration date from November 19, 2015 to November 20, 2016 was
denied by City Council (Option 2).
November 15, 2016; City Council approved a Specific Use Permit for the
Parkview Residences subject to the staff report dated November 8, 2016;
granting the variance to the maximum height of approximately 59’ 3” and
noting that the SUP will have an expiration of January 31, 2017 as
requested by the applicant and noting that if a building permit is not
issued and construction begun by this date, the SUP shall expire; and
also noting that all previous conditions placed on approval of the two prior
SUP’s in terms of Garden District Brownstones sold and the percentage
of The Residences presold prior to the commencement of construction of
The Residences will remain in effect.
CITIZEN INPUT: A SPIN meeting was not held for this project.
STAFF COMMENTS: Due to the limited scope of this request, there are no staff review
comments.
Note from the Fire Marshal: The proposed gates will require a Knox
Padlock on each gate that crosses the fire lane access on Park
Ridge.
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
ZA17-081 Page 4
(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.
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 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 B
ZA17-081 Page 1
Case No. Attachment C
ZA17-081 Page 1
Surrounding Property Owners
Temporary Construction Facilities
Owner Zoning Address Acreage Response
1. SLTS GRAND AVENUE LP DT 1450 PLAZA PL 2.96 NR
2. HD DEVELOPMENT PROPERTIEX LP C3 300 VILLAGE CENTER DR 11.60 NR
3. SLTS GRAND AVENUE LP DT 1401 FEDERAL WAY 2.44 NR
4. SOUTHLAKE, CITY OF DT 1451 FEDERAL WAY 1.37 NR
5. SLTS GRAND AVENUE LP DT 1471 FEDERAL WAY 0.58 NR
6. BUCK, LARRY DT 1568 MAIN ST 0.06 NR
7. HAWTON, DEREK AUBREY DT 1566 MAIN ST 0.06 NR
8. COONS, ROBERT DT 1564 MAIN ST 0.06 NR
9. ALEXANDER, STANLEY DT 1562 MAIN ST 0.06 NR
10. CARDILLO, VALENTINO DT 1560 MAIN ST 0.08 NR
11. OVERSTREET, MELINDA C DT 1534 MAIN ST 0.07 NR
12. SMITH, RYAN DT 1532 MAIN ST 0.06 NR
13. DURANT, RICHARD H DT 1541 MEETING ST 0.09 NR
14. FIELDS, KAREN DT 1543 MEETING ST 0.07 NR
15. BRADLEY, ROSALIE DT 1545 MEETING ST 0.08 NR
16. RLH BROWNSTONES LLC DT 1547 MEETING ST 0.09 NR
17. DURANT, THOMAS DT 1557 MEETING ST 0.16 NR
18. RLH BROWNSTONES LLC DT 1553 MEETING ST 0.08 NR
19. RLH BROWNSTONES LLC DT 1555 MEETING ST 0.08 NR
20. BROWNSTONE AT TOWN SQUARE LP DT 208 PARK RIDGE BLVD 0.05 NR
21. RLH BROWNSTONES LLC DT 1549 MEETING ST 0.07 NR
22. RLH BROWNSTONES LLC DT 1551 MEETING ST 0.08 NR
23. SHAMROCK PIPELINE CORP, THE C3 1689 E STATE HWY 114 0.41 NR
24. SLTS LAND LP DT 1601 E STATE HWY 114 5.33 NR
25. SCHIMEK, CHRIS DT 1509 MEETING ST 0.07 NR
Case No. Attachment C
ZA17-081 Page 2
26. KUZMICH, STEPHEN DT 1501 MEETING ST 0.16 NR
27. VAUGHN, DAVID DT 1507 MEETING ST 0.09 NR
28. GRISHAM, SHAWN M DT 1505 MEETING ST 0.08 NR
29. THE LIFE INC DT 1530 MAIN ST 0.06 NR
30. STEBBINS, PATRICIA DT 1511 MEETING ST 0.08 NR
31. CENTURION, GLORIA DT 1513 MEETING ST 0.08 NR
32. RLH BROWNSTONES LLC DT 1515 MEETING ST 0.07 NR
33. ROEMER, GREGORY DT 1519 MEETING ST 0.09 NR
34. DURANT, C DT 1517 MEETING ST 0.08 NR
35. BROWNSTONES AT TOWN SQUARE
OWN DT 190 SUMMIT AVE 0.15 NR
36. DURANT, STORMY DT 1523 MEETING ST 0.09 NR
37. BARDWEKK STEVEN & CHRISTIE JOI DT 1521 MEETING ST 0.07 NR
38. BROWNSTONE AT TOWN SQUARE LP DT 351 CENTRAL AVE 2.16 NR
39. BROWNSTONE AT TOWN SQUARE LP DT 301 CENTRAL AVE 0.57 NR
40. Current Owner, Current Owner DT 1503 MEETING ST 0.10 NR
41. BROWNSTONES AT TOWN SQUARE
OWN DT 199 SUMMIT AVE 0.10 NR
42. BROWNSTONE AT TOWN SQUARE LP DT 209 PARK RIDGE BLVD 0.10 NR
43. KUZMICH, STEPHEN DT 201 PARK RIDGE BLVD 0.13 NR
44. BROWNSTONE AT TOWN SQUARE LP DT 211 PARK RIDGE BLVD 0.08 NR
45. BROWNSTONE AT TOWN SQUARE LP DT 0.07 NR
46. BROWNSTONE AT TOWN SQUARE LP DT 221 PARK RIDGE BLVD 0.07 NR
47. BROWNSTONE AT TOWN SQUARE LP DT 225 PARK RIDGE BLVD 0.07 NR
48. RLH BROWNSTONES LLC DT 231 PARK RIDGE BLVD 0.07 NR
49. BROWNSTONE AT TOWN SQUARE LP DT 241 PARK RIDGE BLVD 0.64 NR
50. RLH BROWNSTONES LLC DT 235 PARK RIDGE BLVD 0.08 NR
51. WARE, DEMARCUS O DT 206 PARK RIDGE BLVD 0.17 NR
52. Supt of Carroll ISD NR
53. Supt of Grapevine Colleyville ISD NR
54. Superintendent of Northwest ISD NR
55. Superintendent of Keller ISD NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Thirty-five (35)
Responses: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 0
Case No. Attachment D
ZA17-081 Page 3
Surrounding Property Owners Responses
No responses to date