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PD115-AG 910312PUBLIC HEARING ITEM CAPTION: Consideration and approval of a zoning change request (from (C) Commercial to (PD-SF-?) planned Development Single-Family-?) for Case ~PD-115, Wynnpage Addition, located approximately 1000 feet south of Sandy Lake Road and ZOO feet west of Denton Tap Road, at the request of Siepiela Interests. SUBMITTED BY: STAFF L. Sieb, Planning Director OTHER~i~P.: EVALUATION OF ITEM: DATE: Date of Planning & Zoning Commission Meeting: Feb~mry Z1, 1991 Decision of Planning & Zoning Commission: Approved with conditions. At the planning Commission meeting of with the fonowing conditions: · 7,400 square foot minimum lot size · 66 foot minimum lot width · 8 foot minimum side yard February Z1, 1991, the Commission recommended approval · 25 foot miniml~m front yard ..... \! ..... ;.,,~ ~ / .~ ~ ~ ~ · 20 foot minim-m rear yard C~ l ~' ~.,~:~ ~;~i~ · 79 lots maxim"m ['N A '~'~ ~//c~q/_ . 1,850 squa~'e foot minimum air conditioned house size U ~i I...~ ---- ~- [. _ [. ~ ~ 8 foot wooden screening fence with cap on western boundary ( ~ ."~'~ _~ · 6 foot masonry screening fence on southern boundary (lots 10-15) hd 6 foot wooden screenmg~ fence on remainder (lots 3-9) of lots in Block A · 6 foot masonry screening fence on eastern and northeastern residential boundary · landscaping on outside of southern masonry fence · establishment of homeowners association to m~intain screening fences and all common areas · maximum one stary structures on lots 11-26, Block A · alleys throughout subdivision · landscaping as shown on plans BUDGET AMT. AMT +/- BUDGET AMT. ESTIMATED FINANCIAL REVIEW BY COMMENTS: LEGAL REVIEW BY: AGENDA REQUEST FORM REVISED 1/91 REVIEWED BY CM: P & Z HEARING DATE: C. C. HEARING DATE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE #: PD-115 February 21, 1991 March 12, 1991 LOCATION: Approximately 1,047 feet south of Sandy lake Road, with 892 feet fronting on the west side of Denton Tap Road. SIZE OF AREA: 20.377 Acres REQUEST: Applicant is requesting a change of zoning from (C) Commercial to (PD-SF-7) Planned Development Single Family-7, for single family detached residential construction. APPLICANT: Siepiela Interests, Inc. (Jim Siepiela, Developer) 5001LBJ Freeway Suite 830 Dallas, Texas 75244 214 960-2777 Unzicker-Schmerbusch & Assoc. (Engineer) 8700 Stemmons Freeway Suite 400 Dallas, Texas 75247 214 634-3300 HISTORY: This is a parcel of land owned by Bluebonnet Savings Bank F.S.B. of Dallas. There has been no recent zoning activity on this property, partially due to the fact that it has been foreclosed on by the FDIC. In fact, discussion regarding rezoning to residential has been going on for over one year. TRANSPORTATION: Denton Tap Road, the means of access to the land, is a six-lane divided thoroughfare contained within a 120' right-of-way. wide SURROUNDING LAND USE & ZONING: Property to the north and south is vacant, (C) zoning. To the west is (PD-SF-9), the Shadow Ridge development. Across Denton Tap Road to the east is vacant (C) zoning. COMPREHENSIVE PLAN: The Comprehensive Plan shows this area to be developed with retail uses. ANALYSIS: Staff, developer and area homeowners have spent a considerable amount of time attempting to reach consensus on this zoning request before it reaches the public hearing forum. Issues discussed among these groups in meetings included, among others: two separate appropriateness of the zoning request use, density, dwelling unit size · height of structures screening provisions · drainage alley requirements · access Support of rezoning from (C) to (PD-SF-7) was agreed; residential use was accepted provided minimum lot size was 7,400 square feet, 25 foot front yards were shown, a maximum of 79 lots was developed, a 35 foot height limit was imposed, and a minimum building size of 1,850 square feet was offered. All these conditions are shown on the PD plan and will be made conditions of approval. The developer has also agreed to construct a six foot, wooden fence with decorative cap, to be supported by metal poles, alonG the common western property line, running the length of the property. This fence will be maintained by a homeowners association which the developer will establish. The applicant has also agreed to construct a similar screening fence on the southern property line, also to be maintained by the association. The developer has indicated that the poles to support this screening fence will be located on the developer's side of the southern fence. The neighborhood has also expressed Great concern regarding potential drainage problems with development of this tract. Although drainage is an issue which is resolved at subdivision plattinG, this neighborhood does not appear willinG to accept that process and may express concern at the public hearing. Staff position is one of noting the neighborhood concern, addressing the issue at its proper place -- when the subdivision plat is submitted for review. The developer has agreed (althouGh no plans have been submitted) to landscape the access from Denton Tap into this subdivision and will provide a point of contact with the property to the north as shown on the PD plan. -2- Perhaps the most volatile issue which was not resolved to the homeowners' satisfaction in our meetings concerns the alley shown on the western boundary. Allegations were raised that City staff had promised a park would be located here. The Comprehensive Plan does not show such a park. Comments suggested that a strip as much as 200 feet wide would remain open space. Staff has been unable to locate the source of such an inaccurate statement. The neighborhood apparently does not support this required alley. We, however, strongly urge the placement of a 15 foot alley on the western boundary. We currently have a 15 foot sanitary sewer easement here, and our alley requirement would merely overlay this existing utility. The alley would assist in directing the flow of storm water and would decrease the flow of water on the homeowners on Southern Belle, as well as control the velocity of water which would flow into the drainage channel to the south. In addition, the subdivision regulations and zoning ordinance mandate alleys in new subdivisions. Our Public Works, Engineering and Planning staff cannot over emphasize the importance of this alley. Finally the homeowners have requested no two-story houses be built on the western or southern tier of lots contained within the zoning application. The developer is reviewing the economic feasibility of such a restriction and will address this issue at the public hearing. Staff is ambivalent regarding the southern lots, feels such a restriction would assure the privacy of the Southern Belle homeowners. In sum then, staff recommends approval of this PD subject to: · 7,400 square foot minimum lot size · 66 foot minimum lot width 6 foot minimum side yard · 25 foot minimum front yard 79 lots maximum 1,850 square foot minimum air conditioned house size . 6 foot wooden screening fence with cap on western boundary on plan · 6 foot wooden screenin§ fence with cap on the southern boundary 6 foot masonry screening fence on eastern residential boundary landscaping as shown on plans establishment of homeowners association to maintain all common areas height limitations as determined by ?lanning Commission alleys throughout subdivision -3- At the Planning Commission meeting of February 21, 1991, the Commission recommended: 7,400 square foot minimum lot size 66 foot minimum lot width 8 FOOT MINIMUM SIDE YARD 25 foot minimum front yard 20 foot minimum rear yard 79 lots maximum 1,850 square foot minimum air conditioned house size 8 FOOT WOODEN SCREENING FENCE WITH CAP ON WESTERN BOUNDARY 6 FOOT MASONRY SCREENING FENCE ON SOUTHERN BOUNDARY (LOTS 10-15) AND 6 FOOT WOODEN SCREENING FENCE ON REMAINDER (nOTS 3-9) OF LOTS IN BLOCK A 6 foot masonry screening fence on eastern and northeastern residential boundary LANDSCAPING ON OUTSIDE OF SOUTHERN MASONRY FENCE establishment of homeowners association to maintain screening fences and all common areas · MAXIMUM ONE STORY STRUCTURES ON LOTS 11-26, BLOCK A alleys throughout subdivision landscaping as shown on plans PDi15STF -4- service on a residential basis. (1) One time per week garbage collection and one time per week recycling collection for $8.48 per month. (2) The same service as #1 with the addition of a second garbage collection day between Memorial Day and Labor Day for $9.00 per month. (3) Two times per week garbage collection and one time per week recycling collection for $9.50 per month. Under all three options, Texas Waste Management and the City of Coppell would split the recycling proceeds in the sale of the recyclables 50-50. They anticipate this total per year to be approximately $15,000 per year. Texas Waste Management will spend $15,000 for an educational program. They will pass 1005 of the proceeds from the commercial recycling to the customer. They will cap the CPI at 5 %, or 75 % of the full CPI (based on the Department of Labor), whichever is less, on an annualized basis. In addition, they will offer a 10% discount off the senior citizens or handicapped homeowners bill. The fairness and authenticity of this would be administered by the City Manager or his designee. They will lock the commercial rates in effect on December 31, 1990 for one year. The contract would be modified to a 7 year evergreen. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished to speak for or against this item. Those persons wishing to speak included: A) Chuck Casalinova of 711 Meadowlark Lane stated that he would like to see Coppell become a leader in recycling. He stated that he preferred the one time a week garbage collection and one time a week recycling collection. B) Walter Pettijohn of 525 Oak Grove Road stated that he is in favor of continuing to have Texas Waste Management as the trash collector for the City of Coppell. c) Wendy Petty of 604 Johnson Drive stated that she is happy with the present garbage D) A1 Salata of 701 Greenway Drive stated that he feels the City now has quality service and does not feel it is necessary to change companies. Jim Dippold of 249 Alex stated that he felt that it was not as important to be first in a city-wide recycling program as it was to be sure that it is done properly. There being no other citizens who wished to speak, Mayor Wolfe closed the Public Hearing. Councilman Weaver asked for consensus of Council in accepting a proposal from Texas Waste Management, with the exceptions of taking the option of once a week garbage/once a week recycling pickup in the winter months and twice a week garbage pickups/once a week recycling pickup from April 1 to October 1; Texas Waste Management would keep in the contract the other rates and services offered in the proposal in the event of a change at another time; participation rate minimum level clarified to indicate a monthly participation term; no rate increases due to Subtitle D landfill legislation being passed, unless there is a change in the form of the legislation which might cause a modification of the landfill; taking the 5 % or 75 % CPI option, whichever is less, as an annual increase with a 7 year evergreen contract; and the effective date of the rate increase April 1, 1991. The consensus of Council for all items except for the CPI modification was to approve the proposal from Texas Waste Management with these previous exceptions. The consensus of Council on the CPI modification was to accept the 5 % or 75% CPI option, whichever is less, with wording to the effect "unless the CPI increases 150% more than what it was the previous year". The consensus of Council was to accept this CPI modification. Item 18 PUBLIC HEARING: Consideration and approval of a zoning change request (from (C) Commercial to (PD-SF-7) Planned Development Single-Family-7) for Case ffPD-I15, Wynnpage Addition, located approximately 1000 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road, at the request of Siepiela Interests. Planning and Community Service Director Gary Sieb made the presentation. The developer, Jim Siepiela of 5001 LBJ Freeway, Suite 830, Dallas was also present to answer any questions the Council might have. The Planning and Zoning Commission recommended, by a unanimous vote, approval of the Planned Development subject to fifteen conditions. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished to speak for or against the proposed zoning change request. Those persons who wished to speak included: A) Barbara Schmidt of 125 Whispering Hills Drive voiced concern over the higher density and also the possible drainage problems of the proposed change. B) Ed Lavelle of 203 Fieldcrest Loop stated that he objects to the alleys which would be in the new development. Mayor Wolfe declared the Public Hearing closed. Mayor Pro Tem Smothermon moved to approve the zoning change request from (C) Commercial to (PD-SF-7) Planned Development Single-Family-7 for Case #PD-115, incorporating all of the recommendations the Planning and Zoning Commission recommended, excepting on the western boundary the minimum lot size be 8,000 square feet. The motion died for lack of a second. Councilman Cowman moved to deny the zoning change request from (C) Commercial to (PD- SF-7) Planned Development Single-Family-7 for Case #PD-115. Councilman Weaver seconded the motion. The motion to deny carried 5-2 with Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion Mayor Pro Tem Smothermon and Councilman Morton voting against the motion. Item 19 PUBLIC HEARING: Consideration and approval of a replat request for Shadow Woods addition, Block A, Lot 12-R, located near the southwest comer of Coppell Road and Thweatt Road, at the request of Centex Corporation. Planning and Community Services Director Gary Sieb made the presentation to Council. Mayor Wolfe declared the Public Hearing open and asked if there were any citizens who wished to speak for or against this item. There being no citizens who wished to speak, Mayor Wolfe declared the Public Hearing closed. Councilman Morton moved to approve the replat request for Shadow Woods Addition, Block A, Lot 12-R, located near the southwest comer of Coppell road and Thweatt Road. Mayor Pro Tem Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 20 Discussion and consideration of calling a special called work session on Saturday, March 16, 1991. City Manager Alan D. Ratliff made the presentation to Council and introduced Chris Hartung, the consultant hired to facilitate the March 16 special called work session. Mr. Hartung went over the agenda for the meeting. Councilmen Robertson and Nelson stated that they will be out- of-town. Consensus of Council was that the session be recorded, that Larry Jackson be asked to attend, that Assistant City Secretary Linda Grau be asked to attend in order to take minutes, and that an Executive Session be included in the agenda in the event it is needed. Item 21 City Council Liaison Reports: A) ARCHITECTURAL REVIEW COMMIT'FEE FOR TOWN CENTER