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Item 6C13 `.ITY OF SOUTHLAKE Department of Planning & Development Services CASE NO PROJECT: EXECUTIVE SUMMARY: REQUEST DETAILS: ACTION NEEDED STAFF REPORT November 13, 2013 ZA13-116 Specific Use Permit for a Temporary Construction and/or Sales Facility 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. Toll Brothers is requesting approval to renew the specific use permit to allow an existing temporary sales facility to remain on Lot 11, Block 6, Shady Oaks Phase 2F in the Shady Oaks development. Pending approval, the applicant intends to have the existing facility removed on or before January 31, 2014. 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 Planning & Zoning Commission recommended approval subject to the staff report dated November 1, 2013, with validity until February 28, 2014 or within thirty (30) days of issuance of certificate of occupancy for the model home currently under construction at 912 Berkshire Road; 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. 13-047 STAFF CONTACT: Case No. ZA13-116 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). -A specific use permit for the existing facility was approved by City Council April 2, 2013; expiration date November 30, 2013 (ZA13-026). P&Z ACTION: November 7, 2013; Approved (6-0) subject to the staff report dated November 1, 2013, with validity until February 28, 2014 or within thirty (30) days of issuance of certificate of occupancy for the model home currently under construction at 912 Berkshire Road; 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). (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. Case No. Attachment A ZA13-116 Page 1 Vicinity Map Temporary Construction and/or Sales Facility RWOOD DR� q N ZA13-116 Specific Use Permit (renewal for existing structure) 230 460 920 = Feet Case No. Attachment B ZA13-116 Page 1 Site Plan � e N W28'27" E 103.74' 1 X� -- o--- — -- _ --- I I' I fI 1 I I1I i f LOT 11 i 1 Ig 10 I io I 12 —I W 1 I # I rl of I q I h 30' BlIIL01NC UNE 1 r a• W" I I -0- 1 I 1 I 1 BERKSHIRE DRIVE f�rN.�Y�,Q DCi Y1c.�+'1� S�CC1 W 11, Meth G. 94AM MS. MUW 3F, en NAM W M SeAMM Ja I Wwh'. Tvw. /yu .A TOLL B OTYfEq,S' Case No. Attachment C ZA13-116 Page 1 YxAWTYYM Site Distance Exhibit ,it Ovav, -200' 40 Getwrij residanu LOT Landscape Plan fL!A.W KE` ELAEAGKU�� LCRCPETALWT V16CAWFL56RAe5 BEA-1014AL COLOR (VTREE FORI W.NLU17HF,*-- in-No SHADYOAKS PHASE2F Case No. Attachment C ZA1 3-116 Page 2 Existing Facility Case No. ZA13-116 Attachment C Page 3 Applicant's Narrative Toll Brothers Special Use Permit- Shady Oaks Toll Brothers is asking permission to extend the Specific Use Permit for the placement of the temporary sales trailer on Lot 11, Block 6 of Shady Oaks, Phase 2F. We ask permission to do so for primarily 2 reasons: 1.) to continue to have 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. We anticipate a delivery date of no later than January 31, 2014. 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 January 31, 2014. 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 ZA13-116 Page 4 Surrounding Property Owners Toll Brothers temporary sales facility 'NERWOOD D' .11 I�IT,� .1. :1� :11 f► . r�r Physical Address Owner Zoning Acreage Response 1. 750 SHERWOOD DR Hmo Assoc Of Shady Oaks Inc RPUD 0.54 F 2. 640 SHERWOOD DR Hmo Assoc Of Shady Oaks Inc RPUD 0.04 NR 3. 701 SHERWOOD DR Hmo Assoc Of Shady Oaks Inc RPUD 0.26 NR 4. 601 SHERWOOD DR Hmo Assoc Of Shady Oaks Inc RPUD 0.23 NR 5. 700 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.35 NR 6. 701 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.35 NR 7. 704 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.35 NR 8. 705 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.35 NR 9. 708 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.35 NR 10. 709 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.34 NR 11. 712 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.34 NR 12. 713 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.34 NR 13. 716 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.34 NR 14. 717 HELMSLEY PL Terra/Shady Oaks Lp RPUD 0.34 NR 15. 800 SHADY OAKS DR Terra/Shady Oaks Lp RPUD 2.97 NR 16. 817 BERKSHIRE RD Terra/Shady Oaks Lp RPUD 0.35 NR 17. 850 BERKSHIRE RD Terra/Shady Oaks Lp RPUD 0.08 NR 18. 900 BERKSHIRE RD Terra/Shady Oaks Lp RPUD 0.08 NR 19. 900 SHADY OAKS DR Terra/Shady Oaks Lp RPUD 0.13 NR 20. 901 BERKSHIRE RD Terra/Shady Oaks Lp RPUD 0.35 NR 21. 905 BERKSHIRE RD Terra/Shady Oaks Lp RPUD 0.42 NR 22. 908 BERKSHIRE RD Terra/Shady Oaks Lp RPUD 0.38 NR 23. 909 BERKSHIRE RD Terra/Shady Oaks Lp RPUD 0.36 NR 24. 912 BERKSHIRE RD Terra/Shady Oaks Lp RPUD 0.39 NR 25. 913 BERKSHIRE RD Terra/Shady Oaks Lp RPUD 0.38 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Twenty-five (25) Responses Received: One - in favor Case No. ZA13-116 NR: No Response Attachment D Page 1 Notification Response Form ZA13-116 Meeting Date: November 7, 2013 at 6:30 PM Hmo Assoc Of Shady Oaks Inc 395 W State Hwy 114 Ste 300 Southlake Tx, 76092 37984 CA1109 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817)748-8621 Fax: (817)748-8077 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: Signature: �/� Additional Signature: Date: /azl-5 Date: Printed Name(s): Must be property owner(s) whose name(s) ar4 printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment D ZA13-116 Page 2 RESOLUTION NO. 13-047 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, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 908 BERKSHIRE DRIVE, 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 Drive, 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 E ZA13-116 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 E ZA13-116 Page 2 EXHIBIT A Property located at 908 Berkshire Drive, 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 E ZA13-116 Page 3 EXHIBIT B . w _ w—1 L wrw&.A &J ifeCm6aft f-Nt KEY LoRa- TAI LOROPETALLIIl I- IISGAKTWL*GRas5 SEASONAL COLOR Plantln Plan o 10 lu Y Case No. Attachment E ZA13-116 Page 4