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Item 8 - ZA18-028Case No. ZA18-028 S T A F F R E P O R T April 13, 2018 CASE NO: ZA18-028 PROJECT: Specific Use Permit for Portable Buildings for Jack Johnson Elementary School EXECUTIVE SUMMARY: John Blacker of Hart, Gaugler and Associates, on behalf of the Carroll ISD , is requesting approval of a Specific Use Permit for portable buildings for Jack Johnson Elementary School on property described as Lot 13R1, F. Throop No. 1511 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1301 N. Carroll Avenue, Southlake, Texas. SPIN Neighborhood #3. DETAILS: The project is located on the east side of N. Carroll Avenue, approximately 170 feet north of E. Highland Street. The purpose of this item is gain approval of a specific use permit to all ow two portable classroom buildings (24 ft. x 64 ft.) on the school site during additions and renovations to the school. There is an existing portable building on the site (approved under ZBA- 704 special exception use until the 2018 -2019 school year) and the applicant is requesting one additional portable building for temporary classrooms. The portable buildings will be located adjacent to the north side of the school building with a shared access ramp between the buildings. The temporary buildings will have the required shrubs (5-gallon shrubs spaced 4 ft. apart in pots due to the concrete pavement). The north building will have shrubs on the west (front), north and east sides. The south side of the north building will have the access ramp and steps. The south building will have shrubs on the west (front) only. T he sides of the south building will have a ramp and steps on the north side and the east side and will be directly adjacent to the existing school building. The fire lane will be temporarily relocated around the building during construction. The existing portable building, approved in April 2016 throug h a Special Exception Use for a 3-year period and expiring after 2018-2019 school year, will remain and will be relocated on the site plan. The scho ol construction is anticipated to occur from June 2018 to September 2019 with the portable buildings to be removed upon completion. VARIANCE REQUEST: No shrubs will be provided along the sides of the portable buildings where they abut each other and the existing building due to conflicts with the pathways and ramp and proximity to the existing building. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval Department of Planning & Development Services Case No. ZA18-028 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Review Summary No. 2, dated April 13, 2018 (D) Surrounding Property Owners Map and Responses (E) Resolution No. 18-014 Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to Narrative Link to Plans Link to SPIN meeting Report STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA18-028 Page 1 BACKGROUND INFORMATION OWNER: Carroll ISD APPLICANT: John Blacker, Hart, Gaugler and Associates PROPERTY SITUATION: 1301 N. Carroll Avenue LEGAL DESCRIPTION: Lot 13R1, F. Throop No. 1511 Addition, Southlake LAND USE CATEGORY: Public/Semi-Public CURRENT ZONING: “CS” – Community Service District HISTORY: July 13, 2006; the ZBA approved a Special Exception Use for a portable building for three (3) years. (ZBA-488) May 15, 2008; the ZBA approved a Special Exception Use to allow two portable buildings. (ZBA-545) June 25, 2009; the ZBA approved a Special Exception Use for one additional portable building and to obtain re-approval for one existing portable building. (ZBA-575) July 6, 2010; City Council approve a site plan for improvements to Johnson Elementary for a visitor’s parking lot, revised access driveway, and a visitor’s parking lot; approving variances for driveway stacking and driveway spacing,; granting a variance for the sidewalk from 8 ft. to 6 ft. along Carroll Avenue; and not granting the variance for the required 8 ft. multi -use trail along E. Highland St., delaying the construction until the widening of E. Kirkwood Blvd. (ZA10-034) January 18, 2011; City Council approved a site plan for two metal post and green shade fabric shade structures as submitted, granting the variance to Zoning Ord. 480, Section 43.13(a)(2) prohibiting membrane -type roof structures lying within a residential adjacency overlay district and subject to P&Z’s recommendations. (ZA10-070) April 28, 2011; the ZBA approved a Special Exception Use for two additional portable buildings and to obtain re-approval for two existing portable buildings. (ZBA-612) April 14, 2016; the ZBA approved a Special Exception Use for a 24’ x 64’ portable building for a 3-year period beginning 2016-2017 and lasting through the 2018-2019 school year. (ZBA-704) June 17, 2014; City Council approved a specific use permit for an observatory (accessory building) subject to Staff Report dated May 30, 2014, and also granting each of the variance requests; one to the Masonry Ordinance No. 557 noting the façade will not be vinyl siding rather SmartSide® trim as presented this evening; also granting the Zoning Ordinance No. 480 with respect to the roof; also adding provision that the general limitation of use will be 11:00 p.m. each evening with the exception of special astronomical Case No. Attachment A ZA18-028 Page 2 events; and also to include the articulation variance. (ZA14-067) TREE PRESERVATION: No trees will be affected by the proposed accessory building. CITIZEN INPUT: A SPIN meeting was held for this project on March 27, 2018. Link to SPIN Report STAFF COMMENTS: Attached is Review Summary No. 2, dated April 13, 2018. Section 45 Specific Use Permits: 51. Portable buildings not otherwise permitted under this ordinance, subject to the requirements of 45.2 0. GENERAL REQUIREMENTS a. Any use permitted hereunder shall meet the minimum requirements provided in the distr ict in which it is located. b. A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the specific use permit or if the use shall cease for a period of six (6) months. 45.5 FACTORS TO BE CONSIDERED - 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 s uch 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 point s 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 Case No. Attachment A ZA18-028 Page 3 (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 pr operties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. 45.20 SPECIFIC REGULATIONS FOR PORTABLE BUILDINGS NOT OTHERWISE PERMITTED UNDER THIS ORDINANCE a. Approval of a portable building shall be on a temporary basis only. Any permit granted hereunder shall be for a maximum period of three (3) years, unless otherwise approved by the City Council. b. All portable buildings shall be constructed in accordance with the approp riate state or federal code which regulates their construction or shall meet all requirements of the City's building code. c. Portable buildings shall: 1) Provide parking in accordance with use of the portable buildings as prescribed in Section 35 of this ordinance; 2) Be skirted on the front and sides; 3) Provide foundation landscape planting consisting of one (1) five -gallon shrub per four (4) linear feet around skirting (excluding entrances); d. Portable buildings shall be maintained in a neat and p resentable condition at all times. Upon expiration of the specific use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition. e. The site plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. f. Portable buildings may also be subject to other requirements as deemed necessary in order to promote public health, safety, welfare and aesthetics. Case No. Attachment C ZA18-028 Page 1 Case No. Attachment C ZA18-035 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA18-028 Review No.: Two Date of Review: 4/13/18 Project Name: Specific Use Permit for Portable Buildings for Jack Johnson Elementary School APPLICANT: John Blacker OWNER: Carroll Independent School District 12801 N. Central Expwy. John Haugen Ste. 1400 2400 N. Carroll Avenue Dallas, TX 75243 Southlake, TX 76092 Phone: 972-239-5111 Phone: 817-949-8228 Email: jblacker@hartgaugler.com Email: john.haugen@southlakecarroll.edu CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/3//2018 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN 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 Informational Notes NOTE: A specific use permit shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granti ng of the specific use permit or if the use shall cease for a period of six (6) months 45.20 SPECIFIC REGULATIONS FOR PORTABLE BUILDINGS NOT OTHERWISE PERMITTED UNDER THIS ORDINANCE a. Approval of a portable building shall be on a temporary basis only. Any permit granted hereunder shall be for a maximum period of three (3) years, unless otherwise approved by the City Council. b. All portable buildings shall be constructed in accordance with the appropriate state or federal code which regulates their co nstruction or shall meet all requirements of the City's building code. c. Portable buildings shall: 1) Provide parking in accordance with use of the portable buildings as prescribed in Section 35 of this ordinance; 2) Be skirted on the front and sides ; 3) Provide foundation landscape planting consisting of one (1) five -gallon shrub per four (4) linear feet around skirting (excluding entrances); ___________________________________________________________________________________ Case No. Attachment C ZA18-035 Page 2 Landscape/Tree Conservation Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us No Comments ___________________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Portable buildings will be required to be equipped with an automatic fire alarm system. ___________________________________________________________________________ General 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 mechanical equipment must be s creened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinan ce No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * It appears that this property lies within the 65 or 75 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Co mpatible Land Use Zoning Ordinance No. 479. Case No. Attachment C ZA18-035 Page 3 Surrounding Property Owners SPO # Owner Zoning Address Acreage Response 1. 1201 N CARROLL LLC SP1 1201 N CARROLL AVE 0.87 NR 2. KHAN, ASHRUF SF1-A 1203 WHISPERING LN 1.03 NR 3. PAWELCZYK, JAMES SF1-A 1209 WHISPERING LN 1.05 NR 4. CONN, JOSHUA SF1-A 1215 WHISPERING LN 1.03 NR 5. BONLANDER, DAVID SF1-A 1207 WHISPERING LN 0.97 NR 6. MAGGI, DARIUS R SF1-A 1201 WHISPERING LN 1.08 NR 7. SC 1210 CARROLL LLC O1 1210 N CARROLL AVE 1.27 NR 8. SCHULZ, RICHARD J SF1-A 1204 BLYTHE LN 1.00 NR 9. MCLARTY, BRYAN SF1-A 1202 BLYTHE LN 1.02 NR 10. BOGGESS, JOHN SF1-A 1206 ASHMOORE CT 1.00 NR 11. PAYNE, GLEN SF1-A 1213 WHISPERING LN 1.94 NR 12. HORNE, KENNETH P SF1-A 1215 ASHMOORE CT 1.08 NR 13. SNEAD FAMILY LIVING TRUST, THE SF1-A 1214 ASHMOORE CT 1.12 NR 14. CARROLL, ISD CS 1301 N CARROLL AVE 14.14 NR 15. LORIO, SIDNEY SF1-A 1212 ASHMOORE CT 0.98 NR 16. HODGES, KAREN SF1-A 1210 ASHMOORE CT 1.01 NR 17. JONES, BRIAN RAY SF1-A 1205 WHISPERING LN 0.97 NR 18. QUINN, WILLIAM W AG 1330 N CARROLL AVE 1.07 NR 19. SOUTHLAKE, CITY OF ECZ 970 E KIRKWOOD BLVD 22.77 NR 20. BURGESS, DERRELL AG 1360 N CARROLL AVE 7.32 NR 21. 1280 NORTH CARROLL LLC CS 1280 N CARROLL AVE 4.66 NR 22. VILLAGE CHURCH CS 1282 E HIGHLAND ST 1.00 NR 23. VILLAGE CHURCH CS 1280 E HIGHLAND ST 6.94 NR 24. CARROLL, ISD CS 1101 N CARROLL AVE 4.63 NR 25. CARROLL, ISD CS 1301 E HIGHLAND ST 1.75 NR 26. PST HOLDINGS LLC SP1 1200 N CARROLL AVE 0.39 NR 27. PST HOLDINGS LLC SP1 1200 N CARROLL AVE 0.49 NR 28. Superintendent of Carroll ISD NR Case No. Attachment C ZA18-035 Page 4 29. Superintendent of Grapevine Colleyville ISD NR 30. Superintendent of Northwest ISD NR 31. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-six (26) Responses: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 26 Case No. Attachment D ZA18-035 Page 1 Surrounding Property Owner Responses No responses to date Case No. Attachment D ZA18-028 Page 1 RESOLUTION NO. 18-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR PORTABLE BUILDINGS FOR JOHNSON ELEME NTARY SCHOOL ON PROPERTY DESCRIBED AS LOT 13R1, F. THROOP NO.1511 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 1301 N. CARROLL AVENUE, SOUTHLAKE, 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 portable buildings has been requested by a person or corporation having a proprietary interest in the property zoned as “CS” Community Service District; and, WHEREAS, in accordance with the requirements of Sections 45.1(51) and 45.20 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 temporary portable buildings on property within the City Of Southlake, 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: City Council motion: Case No. Attachment F ZA18-028 Page 1 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _____ DAY OF MAY, 2018. CITY OF SOUTHLAKE By: _________________________________ Laura Hill, Mayor ATTEST: _________________________________ Lori Payne, TRMC City Secretary Case No. Attachment F ZA18-028 Page 2 EXHIBIT A Lot 13R1, F. Throop No. 1511 Addition, an addition to the City of Southlake, Tarrant County, Texas. Case No. Attachment F ZA18-028 Page 3 EXHIBIT B Reserved for exhibits