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Item 6B13 `.ITY OF SOUTHLAKE Department of Planning & Development Services CASE NO PROJECT: EXECUTIVE SUMMARY: REQUEST DETAILS: ACTION NEEDED STAFF REPORT November 13, 2013 ZA13-127 Specific Use Permit for a Temporary Construction and/or Sales Facility AP Gulf States, Inc. is requesting approval of a specific use permit for a temporary construction and/or sales facility located at 335 E. SH 114. SPIN # 7. AP Gulf States, Inc. is requesting approval of a specific use permit to allow an existing 2,700 square foot temporary construction facility to remain on Lot 5, Block 1, Southlake Medical District Addition to accommodate the construction of the Medical Office Building and Forest Park Medical Center. Pending approval of the proposed specific use permit and obtaining the certificate of occupancy for the medical office building, the applicant intends to have the existing construction facility removed. The anticipated completion date is on or before January 31, 2015. The Planning & Zoning Commission recommended approval subject to the staff report dated November 1, 2013, extending the validity until January 31, 2015 or within thirty (30) days of the issuance of a certificate of occupancy for the Medical Office Building, whichever occurs first. 1. Conduct public hearing 2. Consider approval of specific use permit ATTACHMENTS: (A) Background Information — LINK TO PRESENTATION (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map and Responses (E) Resolution No. 13-048 STAFF CONTACT: Dennis Killough (817)748-8072 Lorrie Fletcher (817)748-8069 Case No. ZA13-127 BACKGROUND INFORMATION OWNER: Southlake Texas Medical Building I, LP APPLICANT: AP Gulf States, Inc. PROPERTY SITUATION: 335 E. SH 114 LEGAL DESCRIPTION: Lot 5, Block 1, Southlake Medical District Addition LAND USE CATEGORY: Mixed Use CURRENT ZONING: "S-P-2" Generalized Site Plan District HISTORY: -A plat for the Brightbill Addition was filed of record prior to annexation into the City. -"SF-1A" zoning was placed on a portion of the subject property with approval of Comprehensive Zoning Ordinance No. 480 on September 19, 1989. -A zoning change and concept plan (ZA07-052) from "AG" Agricultural and "SF-1A" Single Family Residential to "S-P-2" Generalized Site Plan was approved by City Council on July 17, 2007. -A site plan (ZA08-080) for Phase I was approved by City Council January 20, 2009. -A site plan (ZA11-058) for Phase I (revised to include parking garage) was approved December 6, 2011 which included a masonry variance to allow the subject facility; variance approval to expire December 6, 2013. P&Z ACTION: November 7, 2013; Approved (6-0) subject to Staff Report dated November 1, 2013, extending the validity until January 31, 2015 or within thirty (30) days of the issuance of a certificate of occupancy for the Medical Office Building, whichever occurs first. 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). Case No. Attachment A ZA13-127 Page 1 (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 ZA13-127 Page 2 Vicinity Map Temporary Construction and/or Sales Facility E HIGHLAND ST IGH N U F ZA13-127 Specific Use Permit (existing structure) 0 550 1,100 Case No. ZA13-127 W G D 2,200 Feet Attachment B Page 1 Site Plan I L Case No. Attachment C ZA1 3-116 Page 1 Site Exhibit Showing Required Landscape and Skirting 11 l 1 SV 11 1 11 � 11 , i Existing'Tro4r v 1�1i l i 11 Skirted an All Sides I1 1 ARV Proposed 6uiiding:Shrubs 1-Five GdKon Shryb per `~4 Lin eor-,Feet Around- 1 '1 Skirting 1 - Existing Walkway~ , t9 - ` 1( 4 LO! 1, 1 / Case No. Attachment C ZA13-127 Page 2 Existing Facility t- Photo #3 Case No. Attachment C ZA13-127 Page 3 Surrounding Property Owners Forest Park temporary construction facility t Physical Address Owner Zoning Acreage Response 1. 1121 TINA TRL Silveroak Land Dev Co Llc RPUD 0.05 NR 2. 1117 TINA TRL M Christopher Custom Homes Llc RPUD 0.34 NR 3. 1113 TINA TRL Silveroak Realty Llc RPUD 0.34 NR 4. 1112 TINA TRL Davis, Arlene & Donahue Dixon RPUD 0.34 NR 5. 1116 TINA TRL M Christopher Investments Llc RPUD 0.34 NR 6. 1120 TINA TRL Silveroak Land Dev Co Llc RPUD 0.04 NR 7. 1350 N WHITE CHAPEL BLVD Dominion Southlake Properties C3 6.33 NR 8. 301 E SH 114 Dominion Southlake Properties C3 2.70 NR 9. 319 E SH 114 Dominion Southlake Properties C3 2.86 NR 10. 651 E HIGHLAND ST J G J Inc AG 49.94 NR 11. 1325 N WHITE CHAPEL BLVD Dominion Southlake Properties CS 3.03 NR 12. 1313 N WHITE CHAPEL BLVD White Chapel Village Ctr Prt SF1-A 2.20 NR 13. 1227 N WHITE CHAPEL BLVD White Chapel Village Ctr Prt SF1-A 1.09 NR 14. 1241 N WHITE CHAPEL BLVD White Chapel Village Ctr Prt SF1-A 1.36 NR 15. 1205 N WHITE CHAPEL BLVD Derose, Mark E SF1-A 2.04 NR 16. 421 E SH 114 Southlake Land Holdings Lp SP2 8.26 NR 17. 451 E SH 114 Southlake Land Holdings Lp SP2 2.73 NR 18. 431 E SH 114 Southlake Land Holdings Lp SP2 2.70 NR 19. 401 E SH 114 Southlake Land Holdings Lp SP2 1.88 NR 20. 335 E SH 114 Southlake Land Holdings Lp SP2 15.09 NR 21. 1051 SUMMERPLACE LN Stacy, James R Jr Etux Erin M SF20B 0.42 NR 22. 1049 SUMMERPLACE LN Lehman, Joni V SF20B 0.38 NR 23. 1052 SUMMERPLACE LN Patterson, Shannon Etvir Robt SF20B 0.44 NR 24. 1050 SUMMERPLACE LN Lybrand, Wm T Etux Patricia E SF20B 0.25 NR 25. 201 E HIGHLAND ST Cook, H W AG 3.17 NR 26. 181 E HIGHLAND ST Madden, Helen Louise AG 0.80 NR 27. 303 E HIGHLAND ST Lafavers, Mike Etux Doris AG 0.85 F Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Twenty-seven (27) Responses Received: One - in favor Case No. ZA13-127 NR: No Response Attachment D Page 1 Oct 2913 06:54p Feed Store BBQ & More 817-488-9669 p.1 Notification Response Form ZA13-127 Meeting Date: November 7, 2013 at 6:30 PM Wavers, Mike Etux Doris 303 E Highland St Southlake Tx, 76092 A 667 IF PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby (in favor of opposed to undecided about (circle or underline one) the proposed Specific Use Permit referenced above. Space for comments regarding your position: WN Signature: Date: Additional re: Date: Printed Narne(s): A&Aq- Must be property owner(s) whose name(s) are at top. Otherwise contact the Planning Department. One form per prope4. Phone Number (optional): 9 Case No. Attachment D ZA13-127 Page 2 RESOLUTION NO. 13-048 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 5, BLOCK 1, SOUTHLAKE MEDICAL DISTRICT ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 335 EAST STATE HIGHWAY 114, 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 "S-P-2" Generalized Site Plan 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 335 East State Highway 114, location being described as Lot 5, Block 1, Southlake Medical District Addition, 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 E ZA13-127 Page 2 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 0 ATTEST: Alicia Richardson, TRMC City Secretary John Terrell, Mayor Case No. Attachment E ZA13-127 Page 2 EXHIBIT A Property located at 335 East State Highway 114, location being described as Lot 5, Block 1, Southlake Medical District Addition, an addition to the City of Southlake, Tarrant County, Texas. Case No. Attachment E ZA13-127 Page 3 EXHIBIT B Case No. Attachment E ZA13-127 Page 4