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Item 6C Department of Planning & Development Services S T A F F R E P O R T October 14, 2009 CASE NO: ZA09-042 PROJECT: Specific Use Permit for Koch Pipeline – Accessory Building REQUEST: Koch Pipeline is requesting approval of a Specific Use Permit for an accessory building on non-residential property located at 2350 SH 26. The accessory building being requested is a 12’(W) X 24’(L) X 10’6”(H) “Tuff Shed” brand as provided by “Home Depot” home improvement retailer. The purpose of the 288 square-foot building is to provide storage for the primary industrial activities on site. No other site revisions are proposed with this Specific Use Permit request. Variance Requests The following variances to Section 45.16 of Zoning Ordinance No. 480 are being requested: a. Accessory buildings shall be required a permanent foundation and shall be located no closer than ten feet (10’) to a property line located in the rear yard. A variance is being requested to allow for an accessory building on a non- permanent foundation. g. All accessory structures requiring a Specific Use Permit shall meet the A requirements set forth in Masonry Ordinance No. 557-A, as amended. variance is being requested to allow for an accessory building with wood siding. BACKGROUND: Ordinance No. 480-VVV, approved by City Council on August 5, 2008, created Section 45.1(44) and 45.16, requiring City Council approval of a Specific Use Permit for accessory buildings in non-residential zoning districts. ACTION NEEDED: 1) Conduct a public hearing 2) Consider specific use permit approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Resolution No. 09-065 Case No. ZA09-038 for Commission and Council Members Only (F) 11” X 17” Plans () STAFF CONTACT: Ken Baker (817)748-8067 Clayton Comstock (817)748-8269 Case No. ZA09-038 BACKGROUND INFORMATION OWNER/APPLICANT: Koch Pipeline PROPERTY SITUATION: 2350 SH 26 LEGAL DESCRIPTION: Lot 2, Block 1, Fina Addition LAND USE CATEGORY: Industrial CURRENT ZONING: “I-2” Heavy Industrial SOUTHLAKE 2025 PLAN/ STRATEGIC LINK: Quality Development P&Z COMMISSION ACTION: October 8, 2009; Approved (6-0), granting the variances to permanent foundation and masonry requirement, and subject to the Staff Report dated October 2, 2009. STAFF COMMENTS: Because of the limited scope of this request, no staff review has been generated. L:\Meetings\PZ Commission\2009 Meetings\2009-10-08\Packet Sent 2009-10-02\ZA09-038 175 Miron Dr.doc Case No. Attachment A ZA09-038 Page 1 Case No. Attachment B ZA09-038 Page 1 SITE PLAN Case No. Attachment C ZA09-038 Page 1 AERIAL PHOTOGRAPH / SITE EXHIBIT Building Location Access to SH 26 Case No. Attachment C ZA09-038 Page 2 PROPOSED ACCESSORY BUILDING Case No. Attachment C ZA09-038 Page 3 Surrounding Property Owners 2350 SH 26 – Koch Pipeline 2 SPO # Owner Zoning Land Use Acreage Response Nustar Logistics Lp I2 Industrial 15.17 1. NR Flint Hills Resources Lp I2 Industrial 1.16 2. NR Conoco Inc Etal I2 Industrial 16.65 3. NR Magellan Pipeline Terminals Lp I2 Industrial 14.43 4. NR Explorer Pipeline Co I2 Industrial 1.28 5. NR Explorer Pipeline Co I2 Industrial 0.29 6. NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Five (5) Responses Received: None (0) Case No. Attachment D ZA09-038 Page 1 RESOLUTION NO. 09-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING ON NON-RESIDENTIAL PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2350 STATE HIGHWAY 26, ALSO KNOWN AS 2350 IRA E. WOODS AVENUE, AND BEING DESCRIBED AS LOT 2, BLOCK 1, FINA ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND PROVIDING AN EFFECTIVE DATE. WHEREAS , a Specific Use Permit for an accessory building on non-residential property has been requested by a person or corporation having a proprietary interest in the property zoned as “I-2” Heavy Industrial District; and, WHEREAS , in accordance with the requirements of Sections 45.1 (44) & 45.16 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 for an accessory building on non-residential property on property located at 2350 State Highway 26, also known as 2350 Ira E. Woods Ave., and being described as Lot 2, Block 1, Fina Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet ‘A’, Slide 1476, Plat Records, Tarrant County, Texas, more fully and completely described in Exhibit “A”, and as depicted on the approved Site 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 Case No. Attachment E ZA09-036 Page 1 Permit: SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS _______ DAY OF _______, 2009. CITY OF SOUTHLAKE By: _________________________________ John Terrell, Mayor ATTEST: _________________________________ Lori Payne City Secretary Case No. Attachment E ZA09-036 Page 1 EXHIBIT A Property located at 2350 State Highway 26 (also known as 2350 Ira E. Woods Ave), being described as Lot 2, Block 1, Fina Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet ‘A’, Slide 1476, Plat Records, Tarrant County, Texas. Case No. Attachment E ZA09-036 Page 1