This request is to approve Change Order #1 for GP&L Dent Road to Shelby 138 kV Transmission Line Construction.  This Change Order includes a construction entrance, gating, fencing, erosion control, culverts, timber matting and a concrete washout associated with Storm Water Pollution Prevention (SWPPP) requirements.  

Maslonka Powerline Services was awarded the original Purchase Order 28870 in the amount of $3,875,126.00 at the July 2, 2019 City Council Meeting.

1. Approve applications as submitted
2. Approve applications with modifications
3. Deny approval of applications

1. According to the program guidelines, approximately $500,000 will be available annually for the grant program.  These funds will be appropriated as part of the annual Capital Improvement Program for approved Neighborhood Vitality projects. 

2. Staff has reviewed the applications to ensure compliance with the program guidelines. Issues identified during the review process are indicated on the project summary sheets.

1. The applicant proposes to develop the subject property with two buildings (shown in Exhibit C). Building A, a proposed 3-story, 149,404-square foot building, is positioned on the site with visibility from I-30, and would include space for commercial retail and office uses in addition to the Self-Storage Facility (mini-warehouse) Use. Building B, a proposed 1-story, 6,640 square foot building, is shown south of Building A with visibility from future Guthrie Road, and would contain only storage units. Overall, both buildings would contain a total of 700 storage units. 
    
2. The Garland Development Code establishes a requirement of one-hundred (100) parking spaces for the combination of uses proposed (retail, office, and self-storage facility). The proposed development would provide the required one-hundred and one (101) parking spaces. Three loading spaces are required for the proposed development and these are provided along the south side of Building A.  Screening of the loading area is provided from Guthrie Road by Building B and with the placement of high level screening shrubs that would obstruct the line of sight from the public street and the loading areas. 
    
3. Building B is placed on the site plan with a setback of nineteen (19) feet from Guthrie Road whereas a thirty (30) foot setback is required.  The applicant asserts that the site geometry and fire lane requirements along with the building layout influence the need for a setback deviation. Additionally, the remainder of the building will not encroach into the setback and Building B is a one-story, eighteen (18) foot high building. 
    
4. While Building B would be consistent with the allowed maximum thirty (30) foot building height limit of the Community Retail (CR) District, Building A is proposed for a deviation from the height limit and would be fifty (50) feet in total height. The applicant justifies the additional height in order to minimize the traditional self-storage building appearance and create an appearance of an office building. Additionally, there are no residential uses nearby that would be sensitive to such height. 
    
5. As mentioned above, the Plan Commission conditionally approved Variance requests from Section 4.34 of the Garland Development Code (GDC) regarding site and perimeter landscaping; and Section 4.35 of the Garland Development Code (GDC) regarding parking area landscaping.  Otherwise, the proposed landscape plan is in compliance with the Garland Development Code. 
   
   The area of the site south of the proposed site improvements associated with Building A and B as shown on the site and landscape plans will remain undisturbed; therefore, the applicant is proposing no buffer plantings along the south side of Guthrie Road and along W I-30 south of Guthrie Road (Variance regarding site and perimeter landscaping). The GDC requires one large canopy tree at the end of each parking row; this is not provided at the northeast side of Building B where the drawing shows refuse enclosures (Variance regarding parking area landscaping).
    
6. The design of the buildings (Exhibit E) is required to comply with the following Garland Development Code requirements: 

• At least six (6) of the twelve (12) architectural elements listed in Section 4.83(B) must be incorporated into the design of the building.
   
• Street-facing elevations should be horizontally and vertically articulated in accordance with Section 4.83(C).

7. Section 2.52(A)(16)(a) requires all Self-Storage Facilities (mini-warehouses) to provide a minimum eight (8) foot tall perimeter screening/security fencing with automatic gates. The proposal includes security fencing with automatic gates to control access to Building B, and Building B serves as the screening to Guthrie Road.  However, Building A would be secured by roll-up doors only.  The Garland Development Code prescribes the following screening/security methods: 

• A masonry wall constructed of brick or stone.  In addition to the screening wall, one large canopy tree for every twenty-five linear feet, or portion thereof, equally spaced for the entire length of the wall on the development’s side of the wall.
   
• An ornamental metal fence with masonry columns, spaced with a maximum of fifty-feet between the centers of each column.  Additionally, a continuous row of evergreen high-level screening shrubs along all portions of the fence that are not opaque masonry.  All landscaping must be located on the development’s side of the fence.  

8. This application the proposal does not include outdoor storage. 
    
9. A Specific Use Provision for a Self-Storage Facility for fifty (50) years is requested by the applicant.

1. The proposal shows the site with two development phases. Phase 1 is already developed and includes fifteen (15) residential buildings with 147 dwelling units, and a leasing office/club house. The Phase 2 portion of the site is unimproved. The existing PD 07-57 allows a maximum of 280 dwelling units. A total of 133 dwelling units remain for development on the site. The applicant proposes to add fifty-one (51) dwelling units resulting in a total allowed 331 dwelling units with 184 of the total dwelling units proposed for Phase 2.  The Multi-Family (MF) District allows a density of eighteen (18) units per acre.  The GDC net density (excluding undevelopable right-of-way and flood areas) calculation of density for this proposal is sixteen (16) units per acre. 
    
2. This proposal increases the number of one-bedroom units and decreases the number of two-bedroom units resulting in 221 one-bedroom units and 110 two-bedroom units.  Efficiency units and three-bedroom units are not included in this development proposal, and are not included in the Phase 1 development.  The following table shows the proposed bedroom mix: 
   
   Unit Type             Existing Phase 1      Proposed Phase 2   Total Project
   1 Bedroom                    75                                 146                          221
   2 Bedroom                    72                                   38                           110
   TOTAL                         147                                184                          331

3. The Plan Commission approved Variance requests from Section 4.34 of the Garland Development Code (GDC) regarding site and perimeter landscaping; Section 4.35 of the Garland Development Code (GDC) regarding parking area landscaping; and Section 4.40 of the Garland Development Code (GDC) regarding screening between multi-family development and single-family residential district boundary lines. Otherwise, the proposed landscape plan is in compliance with the Garland Development Code.

4. The proposed building design is intended to carry forward the approved architectural characteristics of Phase 1.  Therefore, the project deviates from the required architectural elements and articulation requirements of the GDC standards: 

• At least six (6) architectural elements must be incorporated into the design of the building.  The north and south facades of the buildings include four (4) of the required six (6) elements.  However the east and west facades of the buildings incorporate eight (8) elements, exceeding the minimum six (6) required elements. 
• Street-facing elevations should be horizontally and vertically articulated on street-facing facades.  Two proposed buildings face Apollo Road. One building meets the vertical articulation requirement.  However, the other articulation requirements are not provided by either building.  

5. The proposed building height is varied due to the topography of the site.  Phase 1 located on the east was built at a higher elevation and the Phase 2 topography slopes from east to west.  The overall maximum building height allowed by the proposal and as shown on the elevation plans is fifty-six (56) feet.  While the GDC requires a building setback of one and one-half times the building height where a Multi-Family (MF) District is located adjacent to a Single-Family (SF) District, resulting in a required eighty-four (84) feet for this project, the site plan shows an eighty-two foot, seven inch (82 feet, 7 inches) setback. 
    
6. The buildings are placed generally parallel to the Apollo Road right-of-way whereas the GDC requires a thirty (30) degree angled offset from the right-of-way.  The existing Phase 1 building located along Apollo Road is placed in the same manner proposed by this application. 
   
   Amenities
7. A club house was constructed for the development with Phase 1; it is the applicant’s intent for Phase 2 residents to utilize the existing club house.  Phase 2 is proposed with a swimming pool having 1,500 square feet of surface water, dining tables, chairs, shade structure, and trash cans.  Additionally a leisure area (park) is proposed with picnic tables, bar-b-que, and a shade structure. 
   
   Signage
8. No details or deviation requests were provided regarding signage. All signage will be in compliance with the GDC. 

1. The site is developed with a retail building containing five (5) tenant lease spaces (Exhibits C and D).  The lease spaces include a grocery store, laundromat, restaurant, and used goods retail store.  The applicant desires to continue to use Suite #206 for a Reception Facility.  On July 11, 2019, prior to submittal of the application for a Specific Use Provision (SUP), the site was issued a Notice to comply by the City of Garland Code Inspections as being non-compliant due to Violation of Certificate of Occupancy (CO) Requirements.  The Certificate of Occupancy (CO) for the site allowed a Zumba gym, but a Reception Facility was in operation.  Subsequently, the applicant submitted this SUP application for the Reception Facility use. 
    
2. Parking required for the uses located in the building where the Reception Facility is proposed, including the proposed Reception Facility, is 188 parking spaces whereas the site contains 201 parking spaces. No complaints or reports of off-site parking have been identified. The applicant would occupy the site as is with no proposals for building expansions or redevelopment. 
    
3. The applicant proposes the following business operations:     
   Office and Zumba                                  Monday to Thursday 8 am to 8 pm
   (Office includes marketing, arranging receptions)                 
   Reception social events                        Friday to Sunday        5 pm to 1 am
    
   At the Plan Commission meeting, the applicant clarified the uses specific to the days and hours of operation.
    
4. The floor plan layout (Exhibit E) indicates a maximum of 166 people in the proposed reception hall. 
    
5. The GDC includes Special Standards for which the use must comply: 
   
   (a)       Time Period. An SUP for a Reception Facility is valid for the time period specified in the SUP ordinance.  The applicant requests the SUP to be in effect for a period of five (5) years.
    
   (b)       Security. The reception facility must provide security at every event where alcoholic beverages are provided or served, and also for any events occurring after 6:00 p.m. Security must be by a qualified person(s) who is authorized to provide private security under Chapter 1702 of the Texas Occupations Code.
    
   (c)        Loitering, Outside Activities. Prolonged congregating or loitering of event attendees or participants outside the reception facility is prohibited. Outside activities, if any, must be in compliance with the City's noise regulations as set forth in the City Code.
    
   (d)       Noise Mitigation. The applicant must add noise mitigation materials to the existing building if determined necessary by the City to protect surrounding properties and the public health, safety, and welfare.
    
   (e)       Litter & Debris. Any litter or debris left on the premises must be removed immediately following the event. The owner of the facility is responsible for removal of all litter and debris.  The City Code Compliance has stated that throughout the parking lot litter, including trash and beer bottles, has been observed.

1. The applicant proposes to lease a 0.315-acre area in the parking lot of the subject property shopping center and build a 570 square-foot, one-story coffee shop with a drive-through (Exhibit C).  The improvements in the lease area would include a patio with a railing to define the patio area and buffer the seating area from on-site traffic. Additionally, the parking lot would be reconfigured to accommodate the drive-through lane and landscaping to define the boundary of the drive-through lane.  The Restaurant, Drive-Through would operate Monday through Sunday from approximately 6:00 a.m. through 8:00 p.m. 
    
2. The Garland Development Code (GDC) establishes a parking ratio of one (1) space for every 100 square feet of gross floor area. Six (6) parking spaces are required although ten (10) parking spaces (including handicap parking) are located within the lease area and would serve the proposed 570-square foot Restaurant, Drive-Through.  
    
3. Given the extent and size of the proposed improvements on the lease area, the entire property is not required full compliance with the GDC screening and landscape standards under this Specific Use Provision request. However, the applicant is providing vegetation as shown in the landscape plan (Exhibit D). 
    
4. The design of the building (Exhibit E) complies with the applicable building design regulations of Garland Development Code. 
    
5. A Specific Use Provision for Restaurant, Drive-Through for thirty (30) years is requested by the applicant. 

• Darryl Quigley - TIF Board South