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Copperstone-CS 950921 CITY OF COPPELL PLANNING DEPARTMENT CASE: COPPER STONE, P & Z HEARING DATE: September 21, 1995 C.C. HEARING DATE: October 10, 1995 LOCATION: West of the intersection of Parkway Boulevard and Cowboy Drive. SIZE OF AREA: 62.661 acres, containing 129 single-family lots CURRENT ZONING: SF-9 and SF-7 REQUEST: Approval of Final Plat for the development of a 129-1ot residential subdivision with waiver of alley requirement for 49 lots and waiver of 600' length maximum for all but one cul-de-sac. APPLICANT: Developer: Briscoe Clark Co., Ltd 8300 Douglas Ave Suite 800 Dallas TX 75225 (214) 706-9190 Engineer: Dowdey, Anderson & Associates, Inc. 16250 Dallas Parkway Suite 100 Dallas TX 75248 (214) 931-0694 HISTORY: The property is part of a former 766-acre tract which included land the City purchased in 1982 for parks and municipal buildings. In the purchase contract the City agreed not to change the subdivision regulations applicable at the time to the balance of the 766 acres. A change of zoning on the portion to be platted as Copper Stone from MF-2 to SF-9 and SF-12 received approval in June of 1992, with the ordinance taking effect in June of 1993. Item 9 A preliminary plat for Copper Stone received approval in June of 1992, and on June 8, 1993, City Council approved a one-year extension. The final plat received approval in March of 1994, but was never recorded. Consequently, the final plat became null and void on September 8, 1994. However, because a final plat was submitted prior to June 8, 1994, by current regulation the preliminary plat is still valid. TRANSPORTATION: Parkway Boulevard is a four-lane divided street (C4D) contained within a right-of-way which varies in width from 80 to 85 feet. SURROUNDING LAND USE & ZONING: North - South - East - West - Vacant; Retail zoning High School; Commercial zoning Andy Brown West Park; TC zoning Vacant; SF-7 and PD-SF 7 zoning COMPREHENSIVE PLAN: The 1987 Comprehensive Plan showed high-density residential use as the most appropriate for this area. The current revision of the plan will show the area as more suitable for lower density residential uses. DISCUSSION: The applicant has made one major change to Copper Stone since the approval of the final plat in 1994. The number of entrances to the portion south of Parkway Boulevard is now one, instead of the previous two, and the streets beyond that entrance are to be private. In addition, the applicant proposes to change the names of some of the streets. According to the 1982 Contract of Sale between the City and Parks of Coppell loint Venture II, both parties agreed that the City Council's continuing proper interpretation of the subdivision ordinance with respect to the 766-acres owned by Parks of Coppell JV II shall include the following: "filing of a final plat for an area shall constitute acceptance by the City of the streets for maintenance within such areas". Since maintenance of private facilities would be a misuse of public funds, clearly the City can accept only public streets for maintenance. While the City is obligated to approve the final plat of Copper Stone under the terms of the Subdivision Ordinance in existence in 1982, the City has no obligation to waive alley requirements in the SF-9 District or cul-de-sac length requirements, as it did when it approved the previous Final Plat, and no obligation to accept park dedication. Item 9 Amhurst, as a street name, closely resembles an existing street named Elmhurst. Also, the previous City Council required that one of the street names be Turkey Knob. RECOMMENDATION: Staff is on record in opposition to private streets within single-family residential subdivisions. Like burglar bars, private streets provide the illusion of restricting access, but they do not keep resourceful burglars out, nor do they provide greater safety and security per se. Burglar bars trap occupants, sometimes with deadly consequences. Private streets impede and retard response time of paramedics, firemen and the police to life-threatening emergencies. Staff considers the protection of human life as more important than the protection of property and believes that the unrestricted access of emergency vehicles is an important component of public safety. Staff recommends that the one entrance to the south side of Copper Stone be permitted with its median, median column, entry columns, walls and wrought-iron fences, but that the card- operated gates not be permitted and that the City accept maintenance of the streets as public streets in accordance with its 1982 agreement. Staff recommends changing the street name currently designated Amhurst, but concurs in the other street name proposals. Staff further recommends acceptance of park dedication adjacent to Denton Creek for the sole purpose of providing a location for the hike-and-bike trail shown on the City's trail plan. If the developer wants to provide a 20'-wide easement for the trail instead, staff will recommend acceptance of that in lieu of the park dedication. With these stipulations, staff concurs in the waiver of alley and cul-de-sac length requirements. Without these stipulations, staff believes that the provisions of the 1982 Contract of Sale will no longer be valid and that the current provisions of the Subdivision Ordinance will apply. Therefore, staff recommends approval of the Final Plat with the stipulations previously stated and subject to compliance with Engineering Department requirements as follows: 1. Provision of sight visibility triangles as all street intersections. Provision of a 20'-wide utility easement for the proposed water line connection to Parkway Boulevard from the west cul-de-sac of Amherst Way (as currently named). Provision of a detail of the proposed median on Amherst Way and a note that it is to be maintained by the Homeowners Association. Clarification as to maintenance of any proposed retaining wall along the rear of the lots on the north edge of the subdivision. 5. Provide a 90 o intersection of Copperstone Trail with Parkway Boulevard. 6. Provide a note referencing the lots to be dedicated to the City. Item 9 e Provide permanent erosion protection for Amherst Lane between Lot 7 Block D and Lot 23 Block E and evaluate the need for erosion protection adjacent to Lots 10-23 Block E and Lot 7 Block D. Relocate the sanitary sewer off of Lots 12-16 Block A or provide a rear building line which reserves sufficient space for the construction of swimming pools between the rear building line and the sanitary sewer easement. 1) Approve the Final Plat 2) Disapprove the Final Plat 3) Modify the Final Plat ATTACHMENTS: 1) Final Plat 2) Landscape Plans 3) Departmental Comments Item 9 DEVELOPMENT VIEW COMMIT SEP I 5 ENGINEEIHNG COMMENTS ITEM: Co_~per Stone, Final Plat. to allow tAe development of a 129 lot residential subdivision, located west of the intersection of Pat~ay Blvd., and Cowboy Drive, at the request of Dowdey, Anderson and Associates, Ittc. DRC DATE: August 31, 1995 and September 7, 1995 CONTACT: Ken Griffin, P.E., Assistant City Manager/Ci~ Engineer 004-3679) COMMENT STATUS: pDt, ,..,~J Dv /F/NAL orroe~nrno~-w 7. 8. 9. 10. Show the sight visibility triangles at all street intersections. Provide a 20' utility easement for the proposed waterline connection to Parkway Blvd. from the west cul-de-sac of Amherst Way. Provide a hike and bike trail easement along Denton Creek as per the city's Trail Master plan. There needs to be conversation about whether or not the City wants the dedication of Lot 8 Block F. If not, then it should be common area maintained by the Homeowner's Association. Provide a detail of the proposed median on Amherst Way and a note that it is to be maintained by the Homeowner's Association. At one time, a retaining wall was proposed along the rear of the lots on the north edge of the development. If this is still the case, who is to maintain the wall? Should look at intersecting Copperstone Trial at a 90° angle to Parkway Blvd. Provide a note referencing the lots to be dedicated to the city. Provide permanent erosion protection for Amherst Lane between Lot 7 Block D and Lot 23 Block E. You also need to evaluate the need for erosion protection adjacent to Lots 10-23 Block E and Lot 7 Block D. You should consider relocating the sanitary sewer off of Lots 12-16 to allow greater flexibility for future pools.