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PD159-AG 970311 AGENDA REQUEST FORM Ir'/ ITEM CI%PTION: PUBLIC HEARING: Consider approval of Case No. PD-159o Asbury Manor, a zoning change from SF-7 and MF-2 (Single Family-7 and Multi-Family-2) to PD-SF-7 (Planned Development, Single Family-7), to allow the development of a 46-1ot single family residential subdivision on 12.694 acres of property, located on the east side of Coppell Road, approximately 540' north of Parkway Boulevard. TITLe: D~rector of planing and Community Services BTl%FF REC~gENDS. _ ........ ~ Approv&l ~ Denial STAFF COI~F~TB: Date of P&Z Meeting: February 20, 1997 Decision of P&Z Commission: Approval(6-0) with Commissioners Mabry, Lowry, Jones, Wheeler, Cruse and DeFilippo voting in favor. Commissioner McCaffrey was absent. Approval subject to the following conditions: (1) Amendment of the site plan to show the 30'-wide temporary access easement between Cromwell Court and Westminster Way as an easement on Lots 4 and 8 of Block 3. (2) Removal of the rear yard lines shown and extension of the side yard and fence setback lines to the rear property lines on all corner lots. (3) Addition of a 25' fence setback from the street right-of-way line on Lot 7, Block 4. DIR. INITIAL ~ FIN. REVIEW: CITY NANI%GER REVIEW: A~ esldm Reqmest Forsm - Revisedl~ Document Name PDI~59.PZ AGENDA REQUEST FORM ~ CITY COUNCIL MEETING: November 9, 1999 ITEM # / ~ ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PDo159R. Asbury Manor, zoning change request for property zoned PD-159-SF-7 (Planned Development, Single Family-7) by amending the planned development conditions as they apply to Lot 1, Block 3, to pemfit a reduction in the side fence setback line from 15 feet to the street right-of-way for property located at 515 Westminster Way. Gary L. Sieb TITLE: Di~-,etor of Ptamang and Community Service STAFF COMMENTS: Date of P&Z Meeting: October 21, 1999 Decision of P&Z Commission: Denied (6-0) with Commissioners Nesbit, McGahey, Kittrell, McCaffrey, Clark and Stewart voting in favor of denial. None opposed. Staff recommends denial of this request. Please see the applicant's letter dated October 26, 1999, appealing this case to Council. A 3A vote of Council is needed to overturn the Planning Commission's decision. DIR. INITIALS - FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form l~evised 2/99 Document Name: (~PD159R ATT&¢HED TO CITY OF COPPELL C.G.PACKET PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-159R, Asbury Manor P & Z HEARING DATE: October 21, 1999 C.C. HEARING DATE: November 9, 1999 LOCATION: 515 Westminster Way, Coppell, TX. SIZE OF AREA: 7,834 s.f. CURRENT ZONING: PD-SF-7 (Planned Development, Single Family-7). REQUEST: Planned Development amendment. APPLICANT: James and Karen Farnum 515 Wesmainster Way Coppell, TX 75019 (972) 393-9553 HISTORY: The original planned development was approved by City Council on March 11, 1997. The final plat was approved by the Planning and Zoning Commission on June 19, 1997. TRANSPORTATION: Westminster Way is a residential street contained in a 50'-wide fight- of-way. SURROUNDING LAND USE & ZONING: North- Single family residential; "PD-SF-7" South - Single family residential; "PD-SF-7" East - Single family residential; "PD-SF-7" West - Single family residential; "PD-SF-7" COMPREHENSIVE PLAN: The Comprehensive Plan show's the property as suitable for medium density residential uses. Item # 12 DISCUSSION: One of the conditions stipulated in this planned development is that fences shall not extend beyond the platted building line on any lot. This proposed request is to permit a reduction in the side fence setback line from 15' to the side property line. To better visualize this fence proposal, Commissioners may want to look at the fence treatments in the Villages at Cottonwood Creek, Section 6 subdivision. However, the major difference between Villages at Cottonwood Creek and Asbury Estates is that the latter is a planned development with a stipulated fence setback. From a design perspective, setback requirements prevent overcrowding of the land, lead to a more aesthetic appearance, as well as provide visibility for traffic safety. Planning staff can not support this request. Street-side appearance is one of the reasons for requiring a 15' building line and fence setback on comer lots. Westminster Way serves as the main entry into the subdivision. It is important to maintain an equal and uniform setback on both sides of the street providing a balanced and symmetrical appearance from the street. The presence of a 15" fence extension constitutes an encroachment on public open space, as well as posing a sight visibility concern. If the requirement were changed for this lot it would not be fair to the existing 11 homes in the subdivision currently observing the existing setback. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends denial of this request, and is based on the points made above as well as public interest. While personal interests may be setwed by this proposal, the community and neighborhood interest clearly suffers. It would clearly detract from the development results intended for this street and subdivision. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the change 4) Continue the public hearing ATTACHMENTS: 1) Cover letter 2) Asbury Manor Community Map 3) Lot Site Plan 4) Color Photograph Item # 12 October 26, 1999 ~--~ ~ (~ ~ ~ ¥ CCT · 7 ]999 Mr. 6ary IL,. $ieb, A.I.C.P. City of Coppell: Director of Planning & Community Services RE: Case No. PD-159IL Asbury Manor Dear Mr. Sieb, I write in response to your letter dated October 22, 1999 regarding denial by the Coppell Planning and Zoning Commission on Thursday, October 21, 1999, of my request to alter my street side fence line. This letter serves as notice of my intent to appeal the above decision to the Coppell City Council for their consideration on November 9t~. The framework of the appeal will be, "certain corner lot homeowners in Asbury Manor are being subjected to unjust taxpayer burden." Given the objective, numerical data to be presented in support of the argument: "the new comer lot street side fence setback requirement, as it has been applied to Asbury Manor, results in "unjust taxpayer burden", I believe it is in fact imperative, this material be heard by Council. Respectfully, Karen Famum 515 Westminster Way Coppell, TX 75019 972 393 9553 ATTACHED TO C.C. PACKET ~mb~ 2O, 1999 City of Coppell, pI,nning Department Atto: Isabell A. Moro, City Planner 255 Parkway Blvd. Coppell, TX 75019 Dear Ms Moro, Enclosed you will find documem~ requesting a fence line change for the residential ~es located at 515 Wez~aninzter Way and 516 Cromwell Court. Since part ofthe fence line is shared between the two properties, we are submitting a joint proposal. Presently, we both have 6-foot wood fences that terrnirmte at our back patios. The attached drawings demomUme the requested new fence line. The new fence would also be a 6-foot wood type. We have spoken with each of our neighbors at the following addresses (514, 641,637, 633, 519, 629, 700, 645, 510 Westminster Way and 520 Cromwell Court) regarding our proposed fence line change. We found all to be in approval of our proposal. We look forward to hearing from you. Should you require any further documentation to process our request please telephone. James and Karen Farnum 515 Westmimtor Way 516 Cromwell Court Coppell, TX 75019 Coppell, TX 75019 972 393 9553 WHERE: 515 Westminster Way Coppell, TX 75019 Lot 1, Block 3, Asbury Manor THE PRESENT: At present, the property has a 6-foot wooden fence with the southern border terminating at a 15-foot side building/fence line and the eastern border terminating at the rear patio. PROPOSED: Proposed fence would also be of a 6-foot wooden type. The southern border would terminate at the property line. The eastem border would be set back 23-feet from the southeast comer of the property. THE NUMBERS: The distance from the home's south wall to the beginn~g of the curb equals 26-feet, 3-inches. Subtracting 15-feet ofhomeo~x~er's property from the above number leaves I 1-feet, 3-inches for "line of sight~'~ ~ ~ PROPERTY DESCRIPTION '~ ~ Lot 1. Block '~, A~URY MAN~, on Additi~ to the City of Coppel~, Dallas County. Texas, according to the Plat thereof receded ~ Volume 972~0, Page of the Mop Records of Dallas Count~ Texas. Lot 5 Lot 6 N 00'18'18" W 73.00'  Resid~ce Lot 2 ~ ~s.o'~ ,~-~* ,o.,. ~' '25 ~g L~e ~ ' ' 5' Ut~ty No t e: ~is lot is not ~n the I00~ flood hozord zone. Z~e A. occordin~ to the HUD Rood Insuronce Rote Mop Corem Ponel No. ~017~I~, doted 4/~5~94, this lot is in Cleor Zone X: Iocoi droinoge wos n&t investigoted. ' -" E! ,, E! 1; , El '1;. OOS , OF_.. ' OE i;;" ,-T-T,.._~ 00'99-] --,00'99 ,00'89 -- --, 0/_ · t, 1;~ '0~~ ~ , .L~'~ ,4./'~¢-..'. ~ "I '~' · / o ,:..., n"~ z t...- o ·..... ,,.,., ,::..¢¢ ,::, 'z.~ - t % / ._ o,,,.,. .I._,-' '-lEI , c:j8 .___/ .,",; . - ,90 '~68 Iv,,, 81;, EI~"~ OON ~ o '-' i -% q,,6'l;, 607'0-'0N_1 ,,~,i - -' ~ ~ o : °.1 I ' I "~l ..~l .I '-'1, .~,--~o¢I , S ~o cb -'-,- o --'- =1 6[ 60. 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TEXAS 75019 ~ January 7, 2000 Karen Famum 515 Westminster Way Coppell TX 75019 Dear Ms. Farnum: The City Secretary Department is in receipt of your E-mail dated January 6, 2000. Each item in your memorandum is in the form of a question. The Texas Open Records Act does not stipulate that governmental entities prepare answers to questions. Therefore, since your request did not ask for specific documents, the attached E-mail is not a valid Request for Public Information. I am forwarding a copy of this letter and your E-mail to Mr. Gary Sieb, Director of Planning for the City of Coppell. Please call Mr. Sieb at 972-304-3678. He will be able to answer your questions. Sincerely, City Secretary Attachment City_of_CoppelI.Town_Center(rp~ Tue, Jan 11, 2000 1:28 PM .~l)ject: Request for Records Dear Ms. Ball, I received your letter of January 7, 2000 today. Please allow me to rephase what I am requesting. The records I would like to receive are- 1. ^ copy the of Planning/Zoning Commission and City Council meeting , .. ~ , ~ minutes when the 15 foot comer lot street side setback was presented, discussed and voted on. 2. A copy the of present zoning'ordinance that stipulates a 15 foot comer .. lot street side fence setback· ~.. 3. A copy of the zoning ordinance concerning comer lot fence setbacks in effect prior to the current one. 4. A copy of the zoning ordinance stipulating subdivision development requirements for open space. 5. ^ copy of the 1994 Subdivision Ordinance #94643 section I - Streets and Alleys. Thank you, Karen Famum · 515 Westminster Way Coppell, TX 75019 972 393 9553 jkfamum(~gateway.net RECEIVED JAN 1 1 20O0 · " ._ E ~R~.TAR~ ,.,!TYg C, ~ '" CITY OF COPPEL[