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Item 6E Specific Use Permit for Temporary Construction Trailers Verizon Wireless ZA17-062 1 ZA17-062 Applicant: Griffin Harris, PLLC, on behalf of Verizon Wireless Request: Approval of a Specific Use Permit for two temporary construction trailers at Verizon Wireless for 3 years. Location: 50 0 West Dove Road Griffin Harris, PLLC, on behalf of Verizon Wireless is requesting approval of a Specific Use Permit for two temporary construction trailers at Verizon Wireless for 3 years. The property is located at 500 W. Dove Road. 2 The land use designation is mixed use. 3 The current zoning is non-residential planned unit development. 4 Aerial Proposed Existing Construction Trailers 10-19-17 Previously Proposed Construction Trailers 9-21-17 Verizon The original applicant requested approval for the existing two construction trailers to be located on the west parking lot edge adjacent to SH 114 for a 5-year term. Since the September 21, 2017 Planning and Zoning Commission meeting, the applicant has amended their application to request a 3-year extension for the existing 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 and the justification for the distance from the edge of the property and due to existing landscaping adjacent to the trailers. The aerial shows the property location with the current construction trailers and the previously proposed location of the construction trailers on the west side of the building . 5 Site Plan (PZ 9-21-17) This is previously proposed site exhibit showing the location of the existing construction trailers on the north side of the building complex and the previously proposed location for the construction trailers on the west side of the building complex. 6 Previously Proposed Construction Trailer Location Plan (PZ 9-21-17) North SH 114 Access This is an aerial exhibit showing the previously proposed location of the two construction trailers and the proposed location of the two lay down areas. The two construction trailers are 64 ft. x 24 ft. each and proposed to be located on an approximately 155 ft. by 40 ft. concrete pad. The two(2) lay down areas, north and south of the construction trailers, will each be approximately 38 ft. by 48 ft. and 40 ft. by 40 ft. respectively. The existing temporary construction trailers will 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 will surround the two lay down areas. 7 Revised Site Plan ( PZ 10-19-17) Existing trailer location proposed to remain in current location At the September 21, 2017, the applicant requested approval for the existing two construction trailers to be located on the west parking lot edge adjacent to SH 114 for a 5-year term. Since the September 21, 2017 Planning and Zoning Commission meeting, the applicant has revised their application to request a 3-year extension for the existing 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. This is a site exhibit showing the location of the existing construction trailers on the north side of the building complex 8 Existing Construction Trailers Landscape Plan (PZ 10-19-17) W. Kirkwood Blvd. Existing construction trailers and landscape (ZA15-009) This is the landscape plan with the existing construction trailers and the 9 Existing Trailer with Wrap Design and Construction Fencing This is a photographs of one of the existing construction trailers currently on site with the wrap and the construction fencing with the brown fabric wrap. 10 Proposed Construction Trailer Location Plan (PZ 10-19-17) North SH 114 W. Kirkwood Blvd. W. Dove Road Existing Construction Trailers This is an aerial view of the existing construction trailers. 11 340’ 540’ From Tyler – Orchard 357’ and 612’ 12 Proposed W. Kirkwood Blvd. Landscape Plan This is the proposed landscape plan for the W. Kirkwood Blvd. expansion. The proposed canopy trees will be 3-inch caliper Cedar Elm, Chinese Pistache, Live Oak, and Shumard Red Oak. The proposed accent trees will be Crape Myrtle (multi-trunk, 8-10 ft) and Nellie R. Stevens Holly. There will be areas with shrubs and groundcover. The shrubs will be Red Autumn Sage (1 gal), Dwarf Yaupon Holly (5 gal), and Compact Texas Sage (5 gal). The groundcovers are Asian Jasmine, Purple Wintercreeper, and Day Lily. The grass will be common Bermuda. 13 10 Wax Myrtles and 1 Bald Cypress need replacement W. Kirkwood Blvd. 14 A A, B, C View from Tyler St. across the median cut View from the Tyler St. median cut B View west from the Kirkwood Blvd. future curb C 15 View from Orchard Hill Dr. across the median cut A A 16 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). 17 Planning and Zoning Commission October 19, 2017; Approved (6-0), as presented; subject to the Staff Report, dated October 13, 2017; and further subject to the Specific Use Permit No. 2, dated September 15, 2017; specifically granting the variance related to the foundation landscape planting; granting the specific use permit for 3 years; also, noting the applicant’s willingness to both meet with the landscape administrator to better ascertain any dead landscaping that has been created by the expansion of Kirkwood Blvd. and address it accordingly; and noting the applicant’s willingness to fill in the gap in the trees as noted in their presentation, the tree line that has also been partially created by the expansion of Kirkwood Blvd.; and also, noting the requirement of the specific use permit that at a date no later than June 1, 2018, the applicant will submit for either a pre-submittal for site plan review or a building permit related to a permanent construction solution or the Specific Use Permit will be revoked, it not met. The surrounding properties within 200 ft. of the subject property are noted as two (2) properties resulting in approximately 18.23% opposition to this specific use permit request. 18 Questions? 19 45.20 SPECIFIC REGULATIONS FOR ELECTRIC VEHICLE CHARGING SPACES   Electric vehicle charging equipment may only be installed when accessory to the primary permitted use. No more than 10% of the total number of required parking spaces may be designated as electric vehicle charging spaces. Each charging space shall be posted with signage indicating the space is only for electric vehicle charging purposes.  Days and hours of operations shall be included if time limits or tow away provisions are to be enforced by the owner.  Information identifying voltage and amperage levels or safety information must be posted. Design should be appropriate to the location and use.  Facilities should be able to be readily identified by electric vehicle drivers but blend into the surrounding landscape/architecture for compatibility with the character and use of the site. Equipment shall be located so as not to impede pedestrian travel, create trip hazards on sidewalks, or interfere with accessibility requirements. Regulations for the electric vehicle charging equipment and spaces shall be established in the specific use permit. These regulations may include but are not limited to location; size of equipment; signage, including directional signage (if any); and lighting (if any). 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. Section 45.20 Specific Use Permit 20 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. Section 45.18 Specific Use Permit 21 Proposed Construction Trailer Location Photo Simulation View 3 View 1 View 4 View 2 The applicant has provided a photo simulation exhibit of the location with the two proposed trailers and laydown areas without the proposed landscaping. 22 Tree Conservation Plan (PZ 9-21-17) The proposed location for the two temporary construction trailers, concrete pad, and two laydown areas will 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 is proposing to mitigate the removed trees as shown in the landscape plan. 23 Proposed Landscape and Tree Mitigation Plan (PZ 9-21-17) VARIANCE REQUEST: The applicant is requesting a 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) to only provide the required shrubs on the west (rear) side of the trailers. Variance The applicant is proposing 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 will be located between the proposed temporary trailers and the SH114 access road adjacent to the trailers. Additionally, 39 Eleagnus shrubs will be planted on the west side of the temporary trailers. The applicant is requesting a 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) to only provide the required shrubs on the west (rear) side of the trailers. 24 Perspective View to West Parking Lot from SH114 Perspective A – 5 year Perspective A – 1 year The applicant has provided a perspective view from SH 114 eastward to the property of the proposed landscape in the first and fifth years. 25 Perspective View to West Parking Lot from SH114 Perspective B – 5 year Perspective B – 1 year This a perspective view from SH 114 northeastward to the property of the proposed landscape in the first and fifth years. 26 Photographs View northeast to proposed trailer location View north to proposed trailer location A B A B These are photographs of the existing conditions on the property northeast and north from SH114. 27 Photographs View south to proposed trailer location View west to proposed trailer location C D C D These are photographs of the existing conditions on the property at the trailer locations southward and westward from on the property. 28 Existing Trailer with Wrap Design and Construction Fencing This is a photographs of one of the existing construction trailers currently on site with the wrap and the construction fencing with the brown fabric wrap. 29 45.18 SPECIFIC REGULATIONS FOR TEMPORARY CONSTRUCTION AND/OR SALES FACILITIES (As amended by Ordinance 480-IIII) 45-31 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 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. Section 45.18 Specific Use Permit 30