Vistas of C P1-CS 990819 CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-149R, Vistas of Coooell, Phase lA
P & Z ItEARING DATE: August 19, 1999
C.C. HEARING DATE: September 14, 1999
LOCATION: 518 Waterview Drive.
SIZE OF AREA: Approximately 7,275 square feet
CURRENT ZONING: PD (Planned Development)
REQUEST: Amend the PD conditions as they apply to Lot 33, Block N to allow
a reduction in the side fence setback line from 15' to the street fight-
of-way.
APPLICANT: James Hu
518 Waterview Drive
Coppell, TX 75019
(972) 459-5888
FAX: (972) 459-5888
HISTORY: The City of Coppell annexed portions of the Vista Ridge Business
Park in 1986 and 1990. On February 15, 1996, the Planning and
Zoning Commission disapproved a preliminary' plat and
subsequently on March 21, 1996, they approved the zoning, as well
as a preliminary plat. City Council approved the zoning on May 14,
1996 and the preliminary plat on September 10, 1996. City Council
approved the final plat on January 14, 1997.
TRANSPORTATION: The S.H. Bypass will be built to freeway standards with access roads
in 450 feet ofr. o.w.
SURROUNDING LAND USE & ZONING:
North- vacant; City of Lewisville
South - vacant; Denton Creek; "TC" Town Center
East - vacant; "HC" Highway Commercial
West - Single family residential; "PD-SF-7" Planned Development,
Single Family-7
Item tt 8
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
medium density residential uses.
DISCUSSION: This homeowner is claiming no knowledge of the procedures and
regulations governing fences, inadvertently built a wooden fence without a
fence permit. After the fence was built, an inspector fi.om the city gave
him notice that the fence was in violation of city ordinances. The only
recourse the applicant has at this time is to seek from the Planning and
Zoning Commission and City Council a waiver to the fence line setback as
it pertains to this lot.
Currently, the 6-foot high wooden fence is located on the property line
along Bella Vista Drive. At its present location the fence is in violation of
the plat, the ordinance governing this particular planned development, as
well as the homeowners' covenants, deeds, and restrictions. The plat
clearly shows a 15' building line and fence line on this specific lot. One of
the conditions enumerated in the PD ordinance reads "fencing of side
yards adjacent to proposed streets shall have a 15' setback". Lastly, the
homeowners' deed restrictions state "no fence, wall or hedge be erected or
maintained on any lot nearer to the street than the building setback lines
for the front and side yards". In addition, to violating a number of roles
and regulations, the fence at its current location obstructs the sight line at
the intersection of the alley and Bella Vista Drive. From a traffic safety
perspective the Engineering staff can not support maintaining the fence at
this location.
Planning staff has a hard time supporting this request. Street-side
appearance is one of the reasons for requiring a 15' building line and fence
setback on comer lots. Bella Vista Drive serves as the entry to the entire
neighborhood from the north, and Waterview Drive serves as the main
east/west arterial for the subdivision. Houses face both streets. The
presence of the fence at its current location encroaches on public open
space, and also obstructs site lines at this intersection. The encroachment
of fences into public open spaces, as well as neighbors' from yards, has
been a planning concern especially in older subdivisions. In the last 2
years, staff has attempted to ensure that the designs of the newer
subdivisions adequately address fence locations.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is sensitive to the applicant's personal circumstances and his need to
retain as much of the side and rear yards for the cultivation of medicinal
herbs. However, staff is uncomfortable recommending the reduction of
the fence restrictions fi.om both a traffic safety and urban design
perspective. We suggest that the fence be moved back to observe the 15'
Item# 8
building line and fence line. This relocation would still allow the applicant
use of his yard for medicinal herbs and would certainly improve the views
along this street corridor.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS: I) Zoning Application
2) Final Plat of Vistas of Coppell Phase lA
3) Lot Site Plan with current fence location
4) Photographs of current fence and neighbor's fence
5) Copy of letter dated June 28, 1~}99
6) Departmental Comments
Item # 8