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Item 6A Department of Planning & Development Services S T A F F R E P O R T June 9, 2015 CASE NO: ZA15-051 PROJECT: Specific Use Permit for a Temporary Construction and/or Sales Facility EXECUTIVE SUMMARY: K. Hovnanian Homes is requesting approval of a specific use permit for a temporary construction and/or sales facility located at 1601 Riviera Lane. The current zoning is ECZ – Employment Center. SPIN Neighborhood # 3. REQUEST DETAILS: K. Hovnanian Homes is requesting approval for a renewal of a specific use permit for an existing approximately 1,400 square foot temporary sales facility on Lot 1, Block 17, Carillon Phase 2A-2 in the Carillon development. The specific use permit was first approved June 18, 2013 for a period of two (2) years. The applicant is requesting approval for a period of eighteen (18) months. Variance: The existing temporary construction facility was 850 feet from the nearest occupied residence in 2013 when the specific use permit for the temporary construction facility was approved by City Council. Construction of new homes in that area has been consistent since 2013. Currently, the trailer is approximately 75 feet from the nearest occupied residence. Zoning Ordinance No. 480, as amended, Section 45.18 requires a minimum distance of 200 feet. As such, a variance is required. On June 4, 2015, the Planning & Zoning Commission recommended approval subject to the staff report and granting the requested variance. ACTION NEEDED: 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 & Responses (E) Resolution No. 15-030 STAFF CONTACT: Dennis Killough (817)748-8072 Lorrie Fletcher (817)748-8069 Case No. ZA15-051 BACKGROUND INFORMATION APPLICANT: K. Hovnanian Homes PROPERTY SITUATION: 1601 Riviera Lane LEGAL DESCRIPTION: Lot 1, Block 17, Carillon Phase 2A-2 LAND USE CATEGORY: Mixed Use CURRENT ZONING: ECZ – Employment Center Zoning District HISTORY: On November 18, 2008 the City Council approved Zoning Change and Development Plan for Carillon under Planning Case ZA08-031. On May 5, 2009 the City Council approved a Preliminary Plat for Carillon Residential under Planning Case ZA09-010. A final plat for Carillon Phase 2A-2 was approved by the Planning and Zoning Commission on May 3, 2012 under Planning Case ZA12-032. On September 4, 2012 the City Council approved a revised Zoning Change and Development Plan for Carillon under Planning Case ZA12-066. On June 18, 2013 the City Council approved a specific use permit for a temporary construction facility for a period of two (2) years under Planning Case ZA13-059. PLANNING & ZONING COMMISSION ACTION: June 4, 2015; Approved (6-0) subject to the staff report dated May 29, 2015 and granting the requested variance. 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 ZA15-051 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. Case No. Attachment A ZA15-051 Page 2 Case No. Attachment B ZA15-051 Page 1 Site Plan No changes from previously approved Case No. Attachment C ZA13-059 Page 1 Site Distance Variance Exhibit Closest Occupied Residence Approximately 75 ft. Case No. Attachment C ZA15-051 Page 2 Landscape Plan No changes from previously approved Case No. Attachment C ZA15-051 Page 3 Floor Plan No changes from previously approved Case No. Attachment C ZA15-051 Page 4 Surrounding Property Owners Owner Zoning Address Acreage Response 1. Burch, Mike J ECZ 1633 RIVIERA LN 0.16 NR 2. Ross, Fredrick J Etux Audean ECZ 1629 RIVIERA LN 0.12 F 3. K Hovnanian Homes-Dfw Llc ECZ 1625 RIVIERA LN 0.12 NR 4. K Hovnanian Home-Dfw Llc ECZ 1621 RIVIERA LN 0.12 NR 5. McCaw, Neil ECZ 1617 RIVIERA LN 0.12 O 6. K Hovnanian Homes - Dfw Llc ECZ 1613 RIVIERA LN 0.12 NR 7. K Hovnanian Homes Dfw Llc ECZ 1609 RIVIERA LN 0.12 NR 8. Hines Southlake Land Lp ECZ 1601 RIVIERA LN 0.21 NR 9. Hines Southlake Land Lp ECZ 1605 RIVIERA LN 0.12 NR 10. Hines Southlake Land Lp ECZ 311 MONTPELIER DR 0.16 NR 11. Hines Southlake Land Lp ECZ 309 MONTPELIER DR 0.14 NR 12. Hines Southlake Land Lp ECZ 310 MONTPELIER DR 0.17 NR 13. K Hovnanian Homes-Dfw Llc ECZ 308 MONTPELIER DR 0.13 NR 14. K Hovnanian Homes Dfw Llc ECZ 402 MONTPELIER DR 0.13 NR 15. K Hovnanian Homes Dfw Llc ECZ 404 MONTPELIER DR 0.13 NR 16. Hines Southlake Land Lp ECZ 1650 LE MANS LN 0.36 NR 17. Hines Southlake Land Lp ECZ 300 CARILLON CT 0.15 NR 18. Hines Southlake Land Lp ECZ 401 MONTPELIER DR 0.19 NR 19. Hines Southlake Land Lp ECZ 301 MONTPELIER DR 0.19 NR 20. Hines Southlake Land Lp ECZ 303 MONTPELIER DR 0.15 NR 21. Hines Southlake Land Lp ECZ 305 MONTPELIER DR 0.16 NR 22. Hines Southlake Land Lp ECZ 307 MONTPELIER DR 0.14 NR 23. K Hovnanian Homes-Dfw Llc ECZ 300 MONTPELIER DR 0.24 NR 24. K Hovananian Homes-Dfw Llc ECZ 304 MONTPELIER DR 0.15 NR 25. K Hovnanian Homes-Dfw Llc ECZ 306 MONTPELIER DR 0.13 NR 26. K Hovnanian Homes Dfw Llc ECZ 400 MONTPELIER DR 0.36 NR 27. Hines Southlake Land Lp ECZ 1700 N CARROLL AVE 20.94 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-seven (27) Responses Received: Two (2) – see attached Case No. Attachment D ZA15-051 Page 1 Case No. Attachment D ZA15-051 Page 1 Case No. Attachment D ZA15-051 Page 1 RESOLUTION NO. 15-030 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 1, BLOCK 17, CARILLON PHASE 2A- 2, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT 1601 RIVIERA LANE, 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 “ECZ” Employment Center Zoning 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 1601 Riviera Lane, location being described as Lot 1, Block 17, Carillon Phase 2A-2, 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: SECTION 2. Case No. Attachment E ZA15-051 Page 1 This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS ____ DAY OF JUNE, 2015. CITY OF SOUTHLAKE By: _________________________________ Laura Hill, Mayor ATTEST: _________________________________ Lori Payne, TRMC City Secretary Case No. Attachment E ZA15-051 Page 2 EXHIBIT A Property located at 1601 Riviera Lane, location being described as Lot 1, Block 17, Carillon Phase 2A-2, an addition to the City of Southlake, Tarrant County, Texas Case No. Attachment E ZA15-051 Page 3 EXHIBIT B Reserved for approved plans Case No. Attachment E ZA15-051 Page 4