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�
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ZA13-116
Specific Use Permit
(renewal for existing structure)
230 460
920
= Feet
Case No. Attachment B
ZA13-116 Page 1
Site Plan
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Case No. Attachment C
ZA13-116 Page 1
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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
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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
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Case No. Attachment E
ZA13-116 Page 4