Item 14 - ZA18-0001Case No.
ZA18-0001
S T A F F R E P O R T
April 13, 2018
CASE NO: ZA18-0001
PROJECT: Specific Use Permit for Temporary Construction Facilities
EXECUTIVE
SUMMARY: Cooper and Company 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 four (4) construction trailers, including one (1) approximately 1,500 square foot
trailer for the general contractor and three (3) trailers (approximately 600 sq. ft.
each; 1,800 sq. ft. total) for subcontractors of the Parkview Residences,
construction storage yard with three (3) subcontractor storage containers, and
on-site general contractor parking for a two (2) year period. An additional 16 on-
street parking spaces are available on Park Ridge Drive. The previously
approved specific use permit included seven (7) 600 sq. ft. trailers for a total of
4,200 sq. ft. The new specific use permit request includes four (4) trailers totaling
3,300 sq. ft., for an overall reduction of 900 sq. ft. of trailer area. The overall
construction yard will be reduced by approximately 50% with this request. A
Specific Use Permit for seven construction trailers on the site for two years (until
November 7, 2019) was approved by City Council on November 7, 2017 under
planning case ZA17-081. The Garden District Brownstones Rendition Homes
construction trailer has been removed from the site.
A 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 at east of the construction enclosure on Park Ridge
Blvd. (currently a private road until it is released by the developer). Fencing will
be provided along the north and south perimeter of the storage yard and
additional fencing will be extended to the proposed east gate. 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.
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
Department of Planning & Development Services
Case No.
ZA18-0001
around skirting (excluding entrances). The applicant has indicated that there will
be opaque fencing around the construction trailer enclosure.
ACTION: 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
(E) Resolution No. 18-015
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
ZA18-0001 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
ZA18-0001 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.
(ZA14-011)
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
ZA18-0001 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; (ZA16-095) 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.
November 7, 2017;(ZA17-081) City Council approved a Specific Use
Permit for seven construction trailers for the Residences and Rendition
Homes; subject to the Staff Report dated October 31, 2017; granting the
variance as it relates to Section 45.18.1c of the Zoning Ordinance that
requires foundation landscaping planting consisting of one (1) five-gallon
shrub per four (4) linear feet around the skirting of the trailers (excluding
entrances); approving the existing Rendition Homes construction trailer
on the site for a period of two (2) years; approving up to seven (7)
construction trailers associated with the Parkview Residences
construction project for a period of two (2) years and limiting the
maximum square footage of any single construction trailer to a maximum
of 600 square feet; construction fencing will be installed on site per the
exhibit shown this evening; and the proposed construction gates on Park
Ridge will be equipped with a Knox Box or similar device to allow for
emergency access.
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.
Case No. Attachment A
ZA18-0001 Page 4
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.
(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.
Case No. Attachment A
ZA18-0001 Page 5
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
ZA18-0001 Page 1
Case No. Attachment C
ZA17-0001 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 F
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
ZA17-0001 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. Superintendent of Carroll ISD NR
53. Superintendent 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-four (34)
Responses: In Favor: 1 Opposed: 0 Undecided: 0 No Response: 33
Case No. Attachment D
ZA18-0001 Page 1
Surrounding Property Owners Responses
Case No. Attachment E
ZA18-0001 Page 1
RESOLUTION NO. 18-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
TEMPORARY CONSTRUCTION FACILITIES ON PROPERTY
DESCRIBED AS LOT 1, BLOCK 20, GARDEN DISTRICT AND PHASE C
BROWNSTONES, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS;
AND LOCATED AT 351 CENTRAL 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 temporary construction and/or sales facilities has been
requested by a person or corporation having a proprietary interest in the property zoned as “DT” Down
Town 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 four temporary construction facilities and storage yard
for the Parkview Residences contractors including one 1,500 square foot trailer on property within the
City Of Southlake, Texas, located at 351 Central Avenue, location being described as Lot 1, Block 20,
Garden District and Phase C Brownstones, 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
Case No. Attachment E
ZA18-0001 Page 2
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:
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS ____th DAY OF ___________, 2018.
CITY OF SOUTHLAKE
By: _________________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Carol Borges
City Secretary
Case No. Attachment E
ZA18-0001 Page 3
EXHIBIT ‘A”
Plans and Support Information
Reserved for exhibits