ST9902-ES040210AGENDA REQUEST FORM
T H [ - C 1 T Y O F
COPPELL
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DEPT: Planning
DATE: February 10, 2004
ITEM #: 13
ITEM CAPTION:
PUBLIC HEARING
Consider approval of the Shadydale Acres, Lot 1 -B -I and 1 -B -2, being a replat of the south half of Tract 1, Block
A, to allow the construction of two single- family homes on 28,470 -square feet of,property located at the northwest
corner of Sandy Lake Road and Oak Trail.
GOAL(S): 1� ; �� t � 1 ��1�1 OVA �A
EXECUTIVE SUMMARY:
Motion to close the Public
Hearing and Deny
M - Tunnell
S - Suhy
Vote - 6 -0
York absent.
Date of P &Z Meetine January 15, 2004
Decision of P &Z Commission Denied (6 -0) with Commissions Milosevich, Kittrell, Halsey, Borchgardt,
Foreman and Reese voting in favor of denial. None opposed.
Denial is recommended unless Replat is revised to provide for the dedication 17 feet of R.O.W. with a 9 -foot sidewalk
and utility easement and the following conditions are met: l'
1) The 30 -foot building setback line along Sandy Lake being measured from the north line of the 9 -foot
easement line adjacent to the future R.O.W., and shall also be a fence setback line.
2) A legally platted mutual access easement shall be provided from Lot I -B -1 to Lot I -B -2, and indicated
on the plat as such.
3) No access /driveways being provided to Sandy Lake Road.
4) The following notes being added to the replat:
• The City shall have the right to remove any trees or other encumbrances within the 9 - foot sidewalk
and utility easement.
• Prior to the issuance of a building permit for the new home on Lot 1 - B - 2, the existing home on
Lot 1 -B -1 needs to be removed.
5) Inclusion of the Finished Floor Elevations on each lot.
6) Adding the metes and bounds description.
7) Provision of the Flood Plain Administrator's signature block.
8) City Council approving a waiver of the alley requirement.
Staff recommends denial unless the Replat is corrected as stated above.
See Christina Lawson's appeal letter dated January 27, 2004.
• a
DIR. REVIEW: - FIN. REVIEW: _
CM REVIEW
Digitally
signed by
Jim Witt
ON
Cn=Jim
Witt.
0 -City of
l coppe4
US
Date;
Date:
2004.02.0
5
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Agenda Request Form - Revised 09/02 Document Name: @,5ShadydaleR 1 -AR
3" n 04 42 : n9p
rot N oak Tram
CoPpelr, Tx 75019
214 632 6708 Cell
972.393.0557 Home
C4,�istina M. Lawsnn
Appeal Request
T«
The City of Coppell — Planning and Zoning Commi:
Franc Christina M. Lawson
ccr Marcie Diamond, fax
Tory waww, tax
Datm 1/27/2004
Rec Shadydale Acres, Lots 1 -B-1 & & Replat
727.391.1121
Per the City of Coppell letter dated January 16, 20G4, this fax represents my written request to appeal
the Planning and Zoning decision on the above referenced property (copy of letter attached).
Furthermore, this fax is a request to Marcie Diamond to provide:
1. Overheads- to forward a copy of all overheads presented at the Planning and Zoning meeting to
Danny Tosh Management Architect & Planning, attention Tony Wagner:
2. Recent City Sandy Lake Drainage and Road survey: a copy of the Sandy Lake Road's most recent
survey which also included Mr. Griffith's direction of identifying the 101 Oak Trail drainage issue in
which the surveyor did take the 101 Oak Trail property as it pertains to the flooding runoff,
3. Zoning variances granted by the city in the last 5 Years which are within one mile of 101 Oak Trail:
4. a copy of the City's minutes and data which includes variances granted in the area for builders on
Oak Trail (9 zoning), development directly across from 101 Oak Trail on Sandy Lake (zero property
lines) and the commercial zoning one block from 101 Oak Trail, Keller Williams commercial zoning.
Thanks for your prompt consideration to the above. I am currently out of town on business and if this
fax request does not meet the city request for appeal, t will have my attorney file it on my behalf — with
Your notification to my architect, Tony Wagner.
Sincerely A
Christina M. Lawson
Cc: Kevin McDonnell, Esq
Tony Wagner
P.
Jan 27 04 02:58p Christina M. Lawson
From:DANNY TC1SH ARCHITEC 972 991 4243
727.391.1121
01/27/2 A 15: 16 #009 P- 002/003
G 1 T V a r'
COFFEL
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January 16, 2004
Ms. Christina Lawson
101 Oak Trail
Coppell, TX 75019
RE: Shadydale Acres. L ots 1 -B -1 & 1 - -2, Replat
Dcar M -s. Lawson:
This letter is to inform you that the Shadygale Acres, Lot 1 B -1 and 1 -B -2 b cing,a mplat of
the south half of Tract ] lock A, to allow the cunstruction of two single- family homes on
28,470- square feet of property located at the northwest comer of Sandy Lake Road and Oak
Trail, was denied by the Coppell Planning and Zoning Commission on Thursday, January
15, ?004.
As you are aware legally, this plat cannot be approved unless it is revised to provide for the
dedication 17 feet of R.O.W. with a 9 -foot sidewalk and utility easement and the following
conditions are met-
1 } The 30 -foot building setback line along Sandy Lake being measured from the
north line of the 9 -foot eascment line adjacent to the future R.O.W., and shall
also be a fence setback line.
2) A legally platted mutual access easement shall be provided from Lot 1 -B -1 to
Lot 1 -B -2, and indicated on the plat as such.
3) No access driveways being provided to Sandy Lake Road.
4) The following notes being added to the replat:
• The City shall have the right to remove any trees or other encumbrances
within the 9 -foot sidewalk and utility easement.
• Prior to the isswuice of a building permit for the new home on Lot l -B-
2, the existing home on Lot 1 -B- I nccds to be removed.
p.
2 ] I PA I i K wAt 9 p *30. A ' 4 y C OP P [ L L 7 % 7 5 0 1 V * TI, 0 > 2 / 0 4 . 2 Q O Z Z * FAX V 17/]04 367
.Ian 27 04 02:58p Christina M. Lawson
From :DANNY TOSH ARCHH EC.T 972 951 4243
EI
727.391.1121 r_3
01/27/2004 15:16 #009 P.003/003
5) Inclusion of the Finished door Elevations on each lot.
6) Adding the metes and bounds description.
7) Provision of the Flood Plain Administrator's signature block
8) City Council approving a waiver of the alley requirement.
As specified in Section 12- 44 -6.2 of the Zoning Ordinance, if you wish to appeal the
decision of the Planning and Zoning Commission to City Council, a written request to
appeal must be submitted to the Planning Department within 15 days of the Commission
denial action. If you wish to appeal, expedite your case and have it heard at the February
I Oth City Council meeting, we will need to have your request in our hands no later than 12
noon, January 30, 2004.
If you have any questions, please contact the Planning Department at (972) 304 -3678.
Sincerely,
Marc Diamond
Assistant Director of Planning
Cc Tony Wagner, Architect
JPH Land Surveying, Inc.
Building Inspection
File
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Shad dale Acres Lot 1 -B -1 and 1 -B -2 being a
replat of the south half of Tract 1, Block A
P & Z HEARING DATE:
C.C. HEARING DATE:
STAFF REP.:
LOCATION:
SIZE OF AREA
CURRENT ZONING
REQUEST:
APPLICANT:
January 15, 2004
February 10, 2004
Marcie Diamond, Assistant Planning Director
Northwest corner of Sandy Lake Road and Oak Trail.
28,470- square feet (0.56 of an acre of property)
SF -12 (Single Family -12)
To replat the existing lot into two lots.
Owner:
Christina Lawson
101 Oak Trail
Coppell, Texas 75019
(972) 393 -4373
Architect:
Tony Wagner
16051 Addison Rd., #206
Addison, Texas 75001
(972) 991 -4475
FAX: (972) 991 -4243
Surveyor:
JPH Land Surveying, Inc.
200 North Rufe Snow #123
Keller, Texas 76248
(817) 431 -4971
FAX: (817) 431 -4924
Item # 4
Page 1 of 6
HISTORY: The existing home was built in 1967 on the southern one -half of
Tract one, Block A, of the original Shady Dale Acres, recorded in
Dallas County in 1983.
TRANSPORTATION: Sandy Lake Road currently is a substandard, two -lane asphalt road,
which is designated on the Thoroughfare Plan to be a four -lane
divided thoroughfare. The schematic design to improve this road is
complete, and a total of 100 feet of right -of -way will be required
adjacent to this property. The subdivisions to the south (Georgian
Place and Forest Cove) dedicated their portion of the right -of -way
when they were platted. Approximately 4,829- square feet (26 feet
in width) is required when this property is replatted.
Oak Trail is a substandard, asphalt street, built within 60 feet of
R.O.W.
SURROUNDING LAND USE & ZONING:
North - single - family home on an approx. one acre lot; SF -12
South - Georgian Place - single - family subdivision; SF -7
East - single - family home on an approx. one -half acre lot; SF -12
West - single - family home on an approx. one -third acre lot; SF -12
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property
as suitable for Residential Low Density.
DISCUSSION: The western portion of this lot contains an approximate 1,700 square -foot
home, built in 1967, which fronts Oak Trail. Many mature trees exist on
the eastern portion of this property. The applicant desires to subdivide this
lot into two, allowing for a new home on the eastern portion and the
eventual demolition and rebuilding of the home on the western portion.
While this appears to be a fairly straightforward replatting request, there
are significant technical and legal issues with this replat. Staff has worked
diligently to come up with various compromises and variances, where
legally permitted, to allow the applicant to proceed with this replat.
However, as detailed in the attached letter from the owner, she has
rejected the replat conditions, many of which are required by state law and
the City's subdivision regulations; therefore, this request for replat must
be denied. The following is a summary of the issues and how staff has
offered to address these issues:
Item # 4
Page 2 of 6
LOT SIZE /DEDICATION OF R.O.W.
This property is zoned SF -12, requiring a minimum lot size of 12,000
square feet. This property currently contains 28,470 - square feet of land.
As discussed above, to allow for the scheduled improvements to Sandy
Lake Road, 4,829- square feet of right -of -way will be required to be
dedicated at the time of replatting. This dedication will result in a net
acreage of 23,641- square feet, slightly less than the 24,000 - square feet
that would be required to legally plat this property into two conforming
lots.
To address the issue of lot size, the City has offered to only acquire 17 feet
of the required 26 feet, as a dedication, with the remaining 9 feet being
established as a sidewalk and utility easement. This will allow for the area
of the lots, after dedication, to be in compliance with the SF -12
regulations. However, this compromise would be contingent upon:
• The building setback lines along Sandy Lake being measured from the
north line of the 9 -foot easement adjacent to the future R.O.W. This
condition is based on Article 32, Special and Additional Regulations,
Sec. 12- 32 -2.9 of the Zoning Ordinance which states:
"Where a future right -of -way line has been established for future
widening or opening of a street or thoroughfare, upon which a lot
abuts, then the front or side yard shall be measured from the future
right -of -way line."
Given that this scenario will significantly reduce width of the right -
of -way, leaving only one foot of parkway adjacent to the pavement
adherence, the following two conditions are also required:
A) The building setback line parallel to Sandy Lake also needs
to be platted as fence line to preserve the view corridors
and sight distances adjacent to this arterial thoroughfare,
and
13) The City shall have the right to remove any trees or other
encumbrances within the 9 -foot sidewalk and utility
easement.
SETBACK LINES
The owner has stated that she intends to retain the existing home until after the
home on the "new" lot is constructed and sold. This results in additional legal
issues. First, the City cannot legally approve a replat that would render the
existing home to be non - conforming. The existing home fronts on Oak Trail. To
attempt to be in compliance with the SF -12 regulations, the setbacks have been
drawn so that the front yard of this lot is on Sandy Lake and the side yard is
Item # 4
Page 3 of 6
towards Oak Trail. The re- designation of front and side yards of the existing
home is in direct conflict with Sec. 12 -32 -2. of the Zoning Ordinance, which, in
part, states ".....The front yard shall be measured from the property line to the
rout f ace of the building ....." As shown on the attached pictures of the existing
home, the actual front of the home is towards Oak Trail, and the only portion of
the home visible from Sandy Lake is the garage, clearly not being the "front face"
of the building. Additionally, when the new home is built on the eastern lot, the
rear of the new house will back up to, and be within 31 feet of the front of the
existing home, this is an inappropriate development pattern.
To address this issue, staff had added a condition that prior to the issuance of a
building permit for the new home on Lot 1 -B -2, the existing home on Lot 1 -B -1
needs to be removed.
ACCESS /DRIVEWAYS
Access to the existing and new homes) is another issue. There are currently two
access points serving this lot, one on Oak Trail and one on Sandy Lake. The
access to Sandy Lake is a gravel drive, which has been added over an existing
drainage area. The main access point is the existing concrete drive to Oak Trail.
When this lot is replatted and redeveloped, adherence to current standards will be
required. Specifically, Section I.A.12 of the Subdivision Ordinance states:
"Lots shall be so arranged that there will be no direct access from
residential lots to collector and arterial streets ".
This is a safety issue, and as such, no residential driveways shall be permitted
from Sandy Lake Road. A legally platted mutual access easement shall be required
to be provided from Lot 1 -B -1 to Lot 1 -B -2, and indicated on the plat as such.
The existing concrete drive serving the existing home (Lot 1 -13-1) must be
relocated and /or placed in an dedicated access easement.
ADHERENCE TO PLATTING OTHER REQUIREMENTS
Normally, when a plat or replat is submitted for review and approval, preliminary
drainage and utility plans and a full tree survey and mitigation plan are required.
Given that the construction plans have not been prepared for either lot, staff has
agreed to allow the fulfillment of these requirements be delayed prior to the
issuance of a building permit for either lot. Notes to this effect have been added to
the plat. Staff must note, however, that there are significant drainage issues
associated with the development of these lots and that given the quantity and
quality of trees existing on the eastern portion of this lot, the financial impact of
the adherence to these ordinances will be significant.
Item # 4
Page 4 of 6
TECHNICAL DRAFTING ISSUES
The plat document is also deficient due to not providing the following technical
information required by the Subdivision Ordinance:
1. Inclusion of the Finished Floor Elevations on each lot.
2. Adding the metes and bounds description.
3. Provision of the Flood Plain Administrators signature block.
SUMMARY
To summarize, legally, this plat cannot be approved without providing for the
required right -of -way for the improvements to Sandy Lake Road. If the full right -
of -way is provided, as required by state laws and local ordinances, (refer to Sec.
13 -1 -3, Definition of Replat in the Subdivision Ordinance and §212.010 and
§212.0115 of the Local Government Code) then the resultant lots would not be in
conformance with the existing zoning on the property, and therefore this property
needs to remain as one legal conforming lot.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of the replat, UNLESS the plat is revised to
provide for the dedication 17 feet of R.O.W. with a 9 -foot sidewalk and
utility easement and the following conditions are met:
1) The 30 -foot building setback line along Sandy Lake being measured
from the north line of the 9 -foot easement line adjacent to the future
R.O.W., and shall also be a fence setback line.
2) A legally platted mutual access easement shall be provided from Lot
1 -B -1 to Lot 1 -B -2, and indicated on the plat as such.
3) No access /driveways being provided to Sandy Lake Road.
4) The following notes being added to the replat:
• The City shall have the right to remove any trees or other
encumbrances within the 9 -foot sidewalk and utility easement.
• Prior to the issuance of a building permit for the new home on
Lot 1 -B -2, the existing home on Lot 1 -B -1 needs to be
removed.
5) Inclusion of the Finished Floor Elevations on each lot.
6) Adding the metes and bounds description.
7) Provision of the Flood Plain Administrator's signature block.
8) City Council approving a waiver of the alley requirement.
Item # 4
Page 5 of 6
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Pictures of existing conditions
2) Letter from Property Owner
3) Replat
Item # 4
Page 6 of 6
A
Mf/( V
Christina M Lawson
101 N Oak Trail
Coppell, TX 75019
972.393.0557
Date : December 30, 2003
To City of Coppell, CRC
�i DFW Associates
Q Each Offre Index -denny O�m antl Operat.d
Christina M. Lawson
AIMM GROUP LLC
Principal
tr« Direct: (972) 393 -4373
jolt Free: 1.800- DALLAS -9 Ext. 694
r��
Pager: (214)632 -6708
(MIS Email: chrislrnalawson @remax.net
Qmmurara! www.armrngroup.com
Re Re -plat — 101 Oak Trail
Corner of Sandy Lake & Oak Trail
We are here today to discuss the replat submitted by a surveyor and Danny Tosh
Management, Architect - on my behalf.
The original project is submitted as a owner /local realtor to develop the front plat for a
spec home with property owner family members as construction associates to lower cost -
to pay for the back property tear down and development some time in the future. The
margins /cost of development does not budget for a lot builder /speculator to purchase or
build at $200.00 a square foot, at this time.
As the homeowner who has paid taxes, lived on the property since 1998 and is a
practicing realtor in Coppell with RE/MAX DFW Associates, I request the city and
myself reach an amicable solution to develop the plats for benefit of all — as to the City:
a. City benefits from tax increase on property
b. City benefits from larger lot;
c. City benefits from newer structure /development.
To achieve homeowner financial product size of a minimum of 6,000 SF pad with three -
car garage, goals and budget, although homeowner /developer understands the city
position and CRC comments, I do not agree.
Homeowner respectfully requests:
1. A 30 foot easement on Sandy Lake and Oak Trail per city ordinance;
2. Division of fee simple of estate per plat submitted
3. Future discussion of entitlements when and if the Sandy Lake Road development
occurrence -which has been changed and is not definite at this time.
4. The existing dwelling cannot be torn down as an economic issue for the
homeowner, until development of such plat/estate /sale of front is complete.
' rte .J 4_.T e�.:• t°r, ..a ,J I
L J v T
City of Coppell — CRC Meeting December 30, 2003 — Page 2
Again, upon engineering, architectural, building cost analysis as well as real estate
market sales review, the CRC's plan if agreed to would impact the project development
and make the re -plat non - feasible and would impede any future development plans by
homeowner.
Hopefully, the City of Coppell understands the taxpayer, homeowner's position and will
agree to re -plat per presented large lot request.
R ctfully, )V1 I 4ZDSI_
Christina M. Lawson
Homeowner /Fee Simple — 101 Oak Trail, Coppell, TX 75019
RE/MAX Realtor — DFW Associates, Coppell, TX 75019