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Item 6GCITY OF SOUTHLAI<,-E Department of Planning & Development Services STAFF REPORT March 27, 2013 CASE NO: ZA13-026 PROJECT: Specific Use Permit for a Temporary Construction and/or Sales Facility EXECUTIVE SUMMARY: Toll Brothers is requesting approval of a specific use permit for a temporary construction and/or sales facility located at 908 Berkshire Road. SPIN # 6. REQUEST DETAILS: Toll Brothers is requesting approval to place a temporary sales facility on Lot 11, Block 6, Shady Oaks Phase 2F in the Shady Oaks development. Pending approval, the applicant intends to place the temporary sales facility no later than Monday, April 8, 2013 and have it removed on or before September 30, 2013. Once the applicant obtains a certificate of occupancy for a newly constructed model home (912 Berkshire), the temporary sales facility will be removed and the lot will be reverted back to dirt. The anticipated construction period is approximately 7 months. The Planning & Zoning Commission's recommendation for approval extended the date of removal to be on or before October 31, 2013; in case construction delays occur. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of specific use permit ATTACHMENTS: (A) Background Information Power Point Link (B) Vicinity Map (C) Plans and Support Information (D) Staff Review Summary No. 2, dated March 5, 2013 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Resolution No. 13-014 STAFF CONTACT: Case No. ZA13-026 Dennis Killough (817)748-8072 Lorrie Fletcher (817)748-8069 BACKGROUND INFORMATION OWNER: Terra Shady Oaks APPLICANT: Toll Brothers PROPERTY SITUATION: 908 Berkshire Road LEGAL DESCRIPTION: Lot 11, Block 6, Shady Oaks Phase 2F LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "R-PUD" Residential Planned Unit Development District HISTORY: -A final plat for Shady Oaks Phase 2F was approved by the Planning and Zoning Commission on March 22, 2012 (ZA10-020). P&Z ACTION: March 21, 2013; Approved (6-0) subject to the staff review summary No. 2, dated March 5, 2013 and the staff report dated March 15, 2013; and setting specific use permit expiration for October 31, 2013. STAFF COMMENTS: 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. The applicant has met all of the application requirements. Case No. Attachment A ZA13-026 Page 1 Vicinity Map Toll Brothers Temporary Construction/Sales Office 0 z w m � 0 SHERWOOD DR � o a0 0 Q x cn H LEY PL ZA13-026 Specific Use Permit 908 Berkshire Rd. N I• ;�. w e 0 250 500 1,000 Feet s Case No. Attachment B ZA13-026 Page 1 Case No. ZA13-026 Site Plan ,.a , ..�.�.®� .� B.M234#Y .[tUAMY 9160rv13p6IW 51pM1 x90Y[. NA[b 01KKMM5[ WRO. I 8 I I 13 N 00'28'27" E 103.74' TIT' —� — 1 I I I I I � LOT 11 I 10 eD I o N I 12 ^I 1 3 � n n l I I M � I � zl I I 1 30' BUILDING I y,,•-0�—�• LINE I I u' x u• ivum. I _ I 1 I I I _ _ _ _ s• um. t vw. xtttss RYY. — — L=3 .16' S 03.34'45" W 41.42' =820.00' L=26.01' BERKSHIRE DRIVE Let 11. 91a 6, SHADY OAKS, PHASE 2F, an aJdlbn b Me $"Ioks, T rc t County. Taxoe. aZ 2/6/13 S TOLL BR4qYfE,- Attachment C Page 1 Site Distance Exhibit * Qvcr 208'40 res; nM 4( ------------ VN;INITYNAP _ �'� _ OWNER'30EOICR NON ^- —___— __------------------ — - CP ' _ a ...,, I �. ��li ere 1 ilkI '' r 8� _ - &Rlf,s a __ __ac"� • g• @g I 9 - Epp • I - �1:..', ! _ `-----'1 �--- I , EFHLNOTE3 L01 DEiA1L - ,�d�q„�,�,n„E`��;�•o^, CURVE (ABLE SHADYOAKS .,.�..,......°"r.,w.,,W," ..�.......,. ,a., PHASE2F R Landscape Plan µSW MT� GoLo�Z I. -I" q or _— I�k-r• t:;�WA,44- p-6• rotD 6, e?V.orr pg(-&w-p iquDW- 6DioOwa-k- EbP VWE- i• I Case No. Attachment C ZA13-026 Page 2 Example of Trailer Type r :• Z. 41 i ° r. Mom Floor Plan Case No. Attachment C ZA13-026 Page 3 Applicant's Narrative Toll Brothers Special Use Permit- Shady Oaks Toll Brothers is asking permission to place a sales trailer on Lot 11, Block 6 of Shady Oaks, Phase 2F. We ask permission to do so for primarily 2 reasons: 1.) to establish an on -site marketing and sales presence to increase traffic and sales and grow the community and 2.) have a temporary office for our sales staff while we construct our model home. It is vital to our business to be able to work with prospective clients on -site in the Shady Oaks community. Toll Brothers anticipates occupying this temporary sales trailer only while we are in the process of building our model home, which will be constructed on the adjacent lot to the north. The typical build time for our model homes are between 5 to 7 months without any foreseeable issues. Obviously, we are anxious to have a permanent place to reside during our tenure in Shady Oaks, so we will work to expedite the process without sacrificing the quality of the home. If we had an approval today, I would anticipate a delivery date of between July 2013 and September 2013. It is our intent to abide by any and all regulations set forth by the City of Southlake with regard to this matter. Toll Brothers looks forward to a continuing relationship with the City of Southlake and its governing bodies. Timeframe for Specific Use Permit Assuming that Toll Brothers request for a temporary sales trailer on Lot 11, Block 6, Phase 2F in Shady Oaks, we shall commence placement of said trailer no later than Monday, April 8, 2013. It is our intention to remove the temporary sales trailer on or before September 30, 2013. Once we can obtain a certificate of occupancy, we will relocate our sales staff to the model home at 912 Berkshire Rd. At that point, we will remove the temporary trailer and revert the lot back to dirt. Case No. Attachment C ZA13-026 Page 4 STAFF REVIEW SUMMARY Case No.: ZA13-026 Review No.: Two Date of Review: 03/05/13 Project Name: Specific Use Permit — Temporary Sales Trailer for Toll Brothers @ Shady Oaks 2F APPLICANT: Toll Brothers OWNER: Terra Shady Oaks 2557 SW Grapevine Pkway 395 W. State Hwy 114 Suite 100 Suite 300 Grapevine, TX 76051 Phone: 817-329-8770 Fax: 817-488-2490 Southlake, TX 76092 Phone: 817-410-9201 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/04/13 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 COST LORRIE FLETCHER AT (817) 748-8069 OR DENNIS KILLOUGH AT (817)L48-8072 Provide a color coded landscape plan. Building Inspections Department Comments Case No. ZA13-026 Review No. 1 Dated: 2/20/13 Number of Pages: 1 Project Name: Toll Brothers Sales Trailer, 908 Berkshire Drive Contact: Susan Hernandez, Plans Examiner Phone: 817-748-8238 Fax: 817-748-8241 --------------------------------------------------------------------------- --------------------------------------------------------------------------- The following comments are based on the review of plans received. Comments may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. --------------------------------------------------------------------------- --------------------------------------------------------------------------- Building (for permit): Address will be 908 Berkshire Drive. Trailer interior, walk and deck must meet TAS and will require a ramp. Show rear landing and stairs for trailer. Engineer details for anchors are expired and will require a Texas Engineer seal and signature. Show dimensions and square footage on plan for permit. If trailer is hooking up to water and sewer, impact fees will need to be paid. These fees will stay with the lot and will not be required to be paid again when a house is built on this lot. Case No. Attachment D ZA13-026 Page 1 Accessibility: Must meet Texas Accessibility Standards Lighting; Must meet City Lighting Ordinance Informational Comments: Staff strongly recommends contacting Alison Ortowski in the City Manager's Office to determine if a SPIN meeting would be beneficial to your application. Alison can be contacted by phone at (817) 748-8261 or by e-mail at artowski@ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to South lakeSPIN.org. 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 screened of view 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 Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. 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. Denotes Informational Comment Case No. Attachment D ZA13-026 Page 2 Surrounding Property Owners Toll Brothers temporary sales facility 1 0 4 6 24 5 7 23 13 12 11 10 9 22 21 14 15 16 17 18 1 20 25 SPO # I Owner I Zonina I Land Use I Acreaae I Resaonse 1. Hmo Assoc Of Shady Oaks Inc RPUD Medium Density Residential 0.53 NR 2. Hmo Assoc Of Shady Oaks Inc RPUD Medium Density Residential 0.03 NR 3. Hmo Assoc Of Shady Oaks Inc RPUD Medium Density Residential 0.25 NR 4. Hmo Assoc Of Shady Oaks Inc RPUD Medium Density Residential 0.23 NR 5. Terra/Shady Oaks Lp RPUD Medium Density Residential 23.61 NR 6. Terra/Shady Oaks Lp NR 7. Terra/Shady Oaks Lp NR 8. Terra/Shady Oaks Lp NR 9. Terra/Shady Oaks Lp NR 10. Terra/Shady Oaks Lp NR 11. Terra/Shady Oaks Lp NR 12. Terra/Shady Oaks Lp NR 13. Terra/Shady Oaks Lp NR 14. Terra/Shady Oaks Lp NR 15. Terra/Shady Oaks Lp NR 16. Terra/Shady Oaks Lp NR 17. Terra/Shady Oaks Lp NR 18. Terra/Shady Oaks Lp NR 19. Terra/Shady Oaks Lp NR 20. Terra/Shady Oaks Lp NR 21. Terra/Shady Oaks Lp NR 22. Terra/Shady Oaks Lp NR 23. Terra/Shady Oaks Lp NR 24. Terra/Shady Oaks Lp NR 25. Terra/Shady Oaks Lp NR Responses: F: In Favor Notices Sent: Twenty-five (25) Responses Received: None Case No. ZA13-026 O: Opposed To U: Undecided NR: No Response Attachment E Page 1 RESOLUTION NO. 13-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR TEMPORARY CONSTRUCTION AND/OR SALES FACILITY ON PROPERTY DESCRIBED AS LOT 11, BLOCK 6, SHADY OAKS PHASE 2F, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 908 BERKSHIRE ROAD, 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 a temporary construction and/or sales facility has been requested by a person or corporation having a proprietary interest in the property zoned as "R-PUD" Residential Planned Unit Development District; and, WHEREAS, in accordance with the requirements of Section 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 a temporary sales facility, on property within the City Of Southlake, Texas, located at 908 Berkshire Road, location being described as Lot 11, Block 6, Shady Oaks Phase 2F, 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 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: Case No. Attachment F ZA13-026 Page 1 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 2013. CITY OF SOUTHLAKE John Terrell, Mayor ATTEST: Alicia Richardson, TRMC City Secretary Case No. Attachment F ZA13-026 Page 2 EXHIBIT A Property located at 908 Berkshire Road, location being described as Lot 11, Block 6, Shady Oaks Phase 2F, an addition to the City of Southlake, Tarrant County, Texas Case No. Attachment F ZA13-026 Page 3 EXHIBIT B 8 I I N 00�28'27 _E 103.74 - - — _ _� - - — X"I_ _ tim--- — — —__ II I � 1 � 'I _ LOT 11 i 10 12 1 M In Im �I I 30' BUILDING I zs•-0---��•• LINE I I u' x u' TAW3K. 1 I I 7 I ._ _ _ _ s• un1. � vxe..uas akT. — — L=3 .16' S 03'34'45" W =820.00' 41.42' L=26.01' BERKSHIRE DRIVE y (� G. r�-Rc1•�•IYC.I� �a YICi r1� S{DGiC2 J li lot 111. 81- 6, MMI OAKS, 'M% M on da... b IM SaiMllaka, TaraM County. T.— sZ 2/6/13 +-1 TOLIJ BRO.LJ LJr.0 Case No. Attachment F ZA13-026 Page 4 * Over 200040 Wi&nC , 4( ��Eli '^:,^a il� i� i ,.,.. I �� ry �{ "�k.s: �'� i .9=�T' •��' ��g ., dv.a._.a .�.,..,.��...�..�..°.�.,.... ------ " — — "--- _ GEN EWILNOTE3 L010EiA1L ..�..,,"....,.w..,....,.. p...............,... CUFVE (ABLE flAY GE SHADDY OTAKS .o�,......v,. ,...,,Wr .,.;„...,,.,. .a. PPHASE2F M LW EE s,nA a1� I I t a�J w uu� ..{tt 7Egt� GOL.t>f2— 1-i".rT of- Obno Pax. %'iC�xNU�-- Ca�ue� fps1P +L -- /oan �n Case No. Attachment F ZA13-026 Page 5 Example of Trailer Type r :• Z. 41 i ° r. Mom Floor Plan Case No. Attachment F ZA13-026 Page 6 Applicant's Narrative Toll Brothers Special Use Permit- Shady Oaks Toll Brothers is asking permission to place a sales trailer on Lot 11, Block 6 of Shady Oaks, Phase 2F. We ask permission to do so for primarily 2 reasons: 1.) to establish an on -site marketing and sales presence to increase traffic and sales and grow the community and 2.) have a temporary office for our sales staff while we construct our model home. It is vital to our business to be able to work with prospective clients on -site in the Shady Oaks community. Toll Brothers anticipates occupying this temporary sales trailer only while we are in the process of building our model home, which will be constructed on the adjacent lot to the north. The typical build time for our model homes are between 5 to 7 months without any foreseeable issues. Obviously, we are anxious to have a permanent place to reside during our tenure in Shady Oaks, so we will work to expedite the process without sacrificing the quality of the home. If we had an approval today, I would anticipate a delivery date of between July 2013 and September 2013. It is our intent to abide by any and all regulations set forth by the City of Southlake with regard to this matter. Toll Brothers looks forward to a continuing relationship with the City of Southlake and its governing bodies. Timeframe for Specific Use Permit Assuming that Toll Brothers request for a temporary sales trailer on Lot 11, Block 6, Phase 2F in Shady Oaks, we shall commence placement of said trailer no later than Monday, April 8, 2013. It is our intention to remove the temporary sales trailer on or before September 30, 2013. Once we can obtain a certificate of occupancy, we will relocate our sales staff to the model home at 912 Berkshire Rd. At that point, we will remove the temporary trailer and revert the lot back to dirt. Case No. Attachment F ZA13-026 Page 7