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Item 6H Department of Planning & Development Services S T A F F R E P O R T April 28, 2015 CASE NO: ZA15-009 PROJECT: Specific Use Permit for Temporary Construction Facilities EXECUTIVE SUMMARY: Verizon Wireless is requesting approval of a Specific Use Permit for two temporary construction trailers at Verizon Wireless on property described as Lot 1, Block 1, Solana Addition, an addition to the City of Southlake, Tarrant County, Texas and Tracts 1C1A, 1C1B, 1C2 and 1F, James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and located at 500 W. Dove Rd., 747 W. State Hwy. 114 and 2600 Kirkwood Blvd., Southlake, Texas. Current Zoning: “NR- PUD” Non-Residential Planned Unit Development District. SPIN Neighborhood # 1. REQUEST DETAILS: Verizon Wireless is requesting approval of a Specific Use Permit (SUP) for two temporary construction trailers at Verizon Wireless. An SUP for a temporary construction trailer that was located at the northwest corner of W. Dove Rd. and Kirkwood Blvd. expired recently and that trailer has been removed from the property. Due to ongoing construction projects, Verizon Wireless is requesting to locate two approximately 1,344 square foot temporary construction trailers on the site until December 31, 2017. The proposed location of the trailers is to the north of the existing Verizon building as shown on the exhibits in Attachment “C” of this report. Since the Planning and Zoning Commission meeting on March 19, 2015, the applicant has added the existing utility easements to the plan to show that the construction trailers do not encroach into the easements. A revised landscape and cross section plan has also been submitted after additional meetings with the surrounding property owners to address screening concerns. VARIANCE: Zoning Ordinance No. 480, Section 45.18, as amended, requires that temporary facilities provide foundation landscape planting consisting of one (1) five-gallon shrub per four (4) linear feet around skirting (excluding entrances). The applicant is proposing to not provide the required landscaping since the proposed trailer location is surrounded by existing landscaping and is not visible from the street. The variance request letter also includes a request to not provide the two required paved parking spaces, but existing parking spaces are available adjacent to the proposed location of the trailers, so approval of a variance is not required. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Specific Use Permit Case No. ZA15-009 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to Presentation (D) Surrounding Property Owners Map & Responses (E) Resolution No. 15-018 STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. ZA15-009 BACKGROUND INFORMATION APPLICANT: Verizon Wireless OWNER: Verizon Wireless PROPERTY SITUATION: 500 W. Dove Rd., 747 W. State Hwy. 114 and 2600 Kirkwood Blvd. LEGAL DESCRIPTION: Lot 1, Block 1, Solana Addition, an addition to the City of Southlake, Tarrant County, Texas and Tracts 1C1A, 1C1B, 1C2 and 1F, James B. Martin Survey, Abstract No. 1134 LAND USE CATEGORY: Mixed Use CURRENT ZONING: “NR-PUD” Non-Residential Planned Unit Development District HISTORY: Building permits were issued by right as a permitted accessory use in March 2012 for a temporary construction facility at the northwest corner of W. Dove Rd. and Kirkwood Blvd. for a period not to exceed two years. A Specific Use Permit to keep the temporary construction facility at the northwest corner of W. Dove Road and Kirkwood Blvd. past the two-year period allowed by right was approved by City Council on March 4, 2014 with an expiration date to be the earlier of sixty (60) days after the Certificate of Occupancy was issued or November 15, 2014. The requested variances for the building not to be skirted, the landscaping requirement not being met and the paved parking spaces not being provided were granted with approval of the SUP. The construction trailer was recently removed from the property. PLANNING & ZONING COMMISSION ACTION: March 5, 2015; Tabled (6-0) until the next regularly scheduled Planning & Zoning Commission meeting at the applicant’s request. March 19, 2015; Approved (4-0) subject to the staff report dated March 13, 2015 and further subject to the Verizon presentation presented to the Planning Department dated March 19, 2015, specifically noting and approving the variance request as to Zoning Ordinance No. 480, Section 45.18 and also noting the applicant’s agreement that neither building will be placed or encroach upon existing easements in the area. CITY COUNCIL ACTION: April 7, 2015; Tabled (6-0) to the April 21, 2015 City Council meeting at the applicant’s request. April 21, 2015; Tabled (7-0) to the May 5, 2015 City Council meeting at the applicant’s request. STAFF COMMENTS: Due to the limited scope of this request, there are no staff review 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 Case No. Attachment A ZA15-009 Page 1 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). A variance has been requested. (d) Each temporary facility shall have at least two (2) paved parking places (two (2) deep, tandem parking is not permitted). Existing parking is available adjacent to the proposed trailer location to meet this requirement. (e) Temporary facilities may also be subject to other requirements as deemed necessary in order to promote public health, safety, welfare and aesthetics. Additionally, in granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. i. City Council may grant variances to specific regulations associated with a specific use set forth in Sections 45. To receive a variance, the applicant must demonstrate one of the following (As amended by Case No. Attachment A ZA15-009 Page 2 Ordinance No. 480-MMMM): (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. Case No. Attachment A ZA15-009 Page 3 Case No. Attachment B ZA14-013 Page 1 Narrative and Variance Request Letter Case No. Attachment C ZA15-009 Page 1 Proposed Trailer Location Case No. Attachment C ZA15-009 Page 2 Proposed Landscape Screening with Cross Section Case No. Attachment C ZA15-009 Page 3 Floor Plan of Proposed Trailers Case No. Attachment C ZA15-009 Page 4 Exhibits of Proposed Trailers Case No. Attachment C ZA15-009 Page 5 Surrounding Property Owners Verizon Wireless Owner Zoning Address Acreage Response 1. Sinnott, Robert A Etux Humaira RPUD 504 ROUND HOLLOW LN 0.69 NR 2. Fischer, Dirk T Etux Elaine RPUD 2815 TYLER ST 0.68 NR 3. Kirkwood Hollow Ho Assoc RPUD 2850 KIRKWOOD BLVD 1.17 O 4. Parker, Thane D Etux Vera E RPUD 2813 TYLER ST 0.65 NR 5. Burtnett, Michael & S Rogers RPUD 2811 TYLER ST 0.66 NR 6. Excel Management Corporation RPUD 2809 TYLER ST 0.60 NR 7. Rayner, Fred RPUD 2807 TYLER ST 0.54 NR 8. McElroy, Kathleen Brewer RPUD 2805 TYLER ST 0.57 NR 9. Naeen, Muhammad Etux Bushra RPUD 2803 TYLER ST 0.56 NR 10.Mesenbrink, Daniel S Etux M L RPUD 2801 TYLER ST 0.67 NR 11. Kirkwood Hollow Ho Assoc RPUD 2800 TYLER ST 0.70 O 12. Kirkwood Hollow Ho Assoc RPUD 2551 KIRKWOOD BLVD 0.09 O 13. Kirkwood Hollow Ho Assoc RPUD 416 ORCHARD HILL DR 0.46 O 14. Kirkwood Hollow Ho Assoc RPUD 2501 KIRKWOOD BLVD 0.14 O 15. Litwin, Mark S RPUD 417 ORCHARD HILL DR 0.51 O 16. Kirkwood Hollow Ho Assoc RPUD 2401 KIRKWOOD BLVD 0.74 O 17.Arison, Joan C Etvir Alan S RPUD 422 COPPERFIELD ST 0.44 NR 18.Green, Kayle C Etux Tina A RPUD 421 COPPERFIELD ST 0.40 NR 19.Agualimpia, Juan & M Issacs RPUD 420 STOCKTON DR 0.38 NR 20.Mansoor, Shadan RPUD 2308 IDLEWILD CT 0.40 NR 21. Kirkwood Hollow Ho Assoc RPUD 2301 KIRKWOOD BLVD 0.32 O 22.Bollini, Sashidhar Etux Sesha RPUD 2304 IDLEWILD CT 0.37 NR 23.Morales, Michael D RPUD 2300 IDLEWILD CT 0.38 NR Case No. Attachment D ZA15-009 Page 1 24.Southlake, City Of RPUD 150 W DOVE RD 0.44 NR 25.Verizon Wireless Texas Llc NRPUD 500 W DOVE RD 24.86 NR 26.Favero, James R Etux Taryn D RPUD 500 ROUND HOLLOW LN 0.58 NR 27. Kirkwood Hollow Ho Assoc RPUD 2905 KIRKWOOD BLVD 0.10 O 28.Wilks South Lake Development NRPUD 2799 KIRKWOOD BLVD 11.25 NR 29.Dallas Mta Lp NRPUD W SH 114 19.99 NR 30.Dallas Mta Lp NRPUD W SH 114 0.24 NR 31.Wilks South Lake Development NRPUD 3000 KIRKWOOD BLVD 84.04 NR 32.Dallas Mta Lp NRPUD W SH 114 4.38 NR 33.Dallas Mta Lp NRPUD 2600 KIRKWOOD BLVD 0.08 NR 34.Dove 114 Infinity Llc SP2 500 W SH 114 29.49 NR 35.Dove 114 Infinity Llc SP2 500 W SH 114 24.95 NR 36.Southlake City NRPUD 2925 KIRKWOOD BLVD 4.39 NR 37.Toll Dallas Tx Llc RPUD 600 W DOVE RD 1.14 NR 38.Toll Dallas Tx Llc RPUD W DOVE RD 0.26 NR 39.Toll Dallas Tx Llc RPUD W DOVE RD 3.65 NR 40.Toll Dallas Tx Llc RPUD W DOVE RD 4.19 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Forty (40) Responses Received: Two (2) Case No. Attachment D ZA15-009 Page 2 Case No. Attachment D ZA15-009 Page 3 Case No. Attachment D ZA15-009 Page 4 RESOLUTION NO. 15-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR TEMPORARY CONSTRUCTION FACILITIES ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, SOLANA ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 500 WEST DOVE 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 temporary construction and/or sales facilities has been requested by a person or corporation having a proprietary interest in the property zoned as “NR-PUD” Non-Residential Planned Unit Development District; and, WHEREAS , in accordance with the requirements of Sections 45.1(46) and 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 two temporary construction facilities on property within the City Of Southlake, Texas, located at 500 West Dove Road, location being described as Lot 1, Block 1, Solana 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: 1. Case No. Attachment E ZA15-009 Page 1 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ____DAY OF _______, 2015. CITY OF SOUTHLAKE By: _________________________________ John Terrell, Mayor ATTEST: _________________________________ Lori Payne, TRMC City Secretary Case No. Attachment E ZA15-009 Page 2 EXHIBIT A Property located at 500 West Dove Road, location being described as Lot 1, Block 1, Solana Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat filed in Cabinet A, Slide 8032, Plat Records, Tarrant County, Texas. Case No. Attachment E ZA15-009 Page 3 EXHIBIT B Reserved for approved plans Case No. Attachment E ZA15-009 Page 4