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