PD115-AG 910326 HEARING
AGENDA REQUEST FORM
~vho c~ w,~ ^8~r:~UNCiL MEETING March 26, lqql ITEM NUMBFAt_~__
ITEM CAPTION: A. Reconsideration of action taken by Council regarding zoning change request
from (C) Commercial to (PD-SF-7) Planned Development Single Family-7, for Case 4PD-115 Wymmpage
Addition, located approximately 1000 feet south of Sandy Lake Road and ZOO feet west of Denton
Tap Road.
B. Consideration and approval of a zoning change request from (C) Commercial to (PD-SF-?) Planned De-
velopment Single Family-7, fca' Case 4~PD-115, Wymmpage Addition, located approximately 1000 feet south
of Sandy Lake Road and 200 feet we~of Denton Tap Road, at the request of Siepiela Interests.
SUBMITTED BY: ST ctor
~,, =~u~ ~ o,s,,~ oTHER ~
EVALUATION OF ITEM: DATE:
By a vote of 5-Z (Councilmembers Morton and Smothermon in the minority), the City Council on March
1Z, 19~1, recommended denial of the above captioned zonlug case. Subsequent to that action, several
Councilmembers have expressed concern with the outcome of the hearing, have indicated a desire
to reconsider their action, and have requested staff to draft this reconsideration request.
The City of Coppell Code of Ordinances outlines the manner in which reconsideration action can be
undertaken. Chapter 1, Section 1-10-7.9 Reconsideration states:
~A motion to reconsider any action of the Council can be made only upon the
affirmative vote of four or more members of the City Council."
In this in-~tance, therefore, a motion to reconsider would be a first order requirement. If four or more
Councilmembers vote to reconsider the zoning case, the next action would be consideration of the
requested zoning with a vote of Council to approve, deny, or modify the March 1Z hearing application.
BUDGET AMT.
AMT +/- BUDGET
~C~7 (Se6 ~ext Page)
FINANCIAL REVIEW BY
COMMENTS:
LEGAL REVIEW BY:
AGENDA REQUEST FORM REVISED 1/91
Page Z
Date of plnnning & Zoning Commi~ion Meeting: February Z1, 1991
Decision of plnnning & Zoning Commi~ion: Approved with condifiom.
At the Plnnning Commission meeting of February 21, 1991, the Commission recommended approval
with the following conditions:
· 7,400 square foot minim-m lot size
· 66 foot minimnm lot width
· 8 foot minim-m side yard
· 25 foot ~nlnlm~lm front yard
· ZO foot minim~m rear yard
· 1,850 square foot minim-m air conditioned house size
· 8 foot wooden screening fence with cap on western boundar~
· 6 foot mason~ screening fence on southern bo~manm~ {lots 10-15) and 6 foot wooden screening
fence on remainder (lots 3-9) of lots in Block A
· 6 foot masom~r screening fence on eastern and northeastern residential boundary
· landscaping on outside of southern masom~ fence
· establiahment of homeowners association to maintnin screening fences and nll common areas
· mn=imm one story structures on lots ll-Z&, Block A
· alleys throughout subdivision
· landscapin~ as shown on plnn~
P & Z HEARING DATE:
C. C. HEARING DATE:
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE 0: 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)
5001 LBO 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
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. Alle§ations 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 ?lanning 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 screenin§ fence on eastern
residential boundary
· landscaping as shown on plans
· establishment of homeowners association to maintain
all common areas
· height limitations as determined by Planning
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 (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 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
PDll5STF
-4-
REGULAR SF_~SION (Open to the Public)
Item 5
Consider approval of minutes - March 12, 1991
March 16, 1991
Mayor Pro Tem Smothermon moved to approve the minutes of March 12 and March 16 as
submitted. Councilman Morton 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 6
Citizens Appearances
There were no citizens who wished to speak at this time.
Item 7
Discussion and consideration of authorizing the City of Coppell City Manager to
enter into and execute an agreement with the Metroplex Chamber of Commerce
for economic development assistance and related activities at an annual cost of
$3,750.00.
Charles Heath, Chairman of the Metrocrest Chamber of Commerce, made a presentation to the
Council. Councilman Nelson moved to approve entering into an agreement with the Metroplex
Chamber of Commerce for economic development assistance and related activities at an annual
cost of $3,750. Councilman Morton seconded the motion. The motion carded 4-3 with Mayor
Pro Tern Smothermon and Councilmen Morton, Cowman, and Nelson voting in favor of the
motion and Councilmen Weaver, Thomas and Robertson voting against the motion.
Item 8 A.
Reconsideration of action taken by Council regarding zoning change
request from (C) Commercial to (PD-SF-7) Planned Development Single
Family-7, for Case #PD-115 Wynnpage Addition, located approximately
1000 feet south of Sandy Lake Road and 200 feet west of Denton Tap
Road.
Consideration and approval of a zoning change request from (C)
Commercial to (PD-SF-7) Planned Development Single-Family-7) for
Case #PC-115, Wynnpage Addition, located approximately 1000 feet
south of Sandy Lake Road and 200 feet west of Denton Tap Road, at the
request of Si,pi,la Interests.
Councilman Morton moved to reconsider action taken by Council at the meeting of March 12,
1991 regarding zoning change request from (C) Commercial to (PD-SF-7) Planned Development
Single Family, for Case #PD-115 Wynnpage Addition, located approximately 1000 feet south
of Sandy Lake Road and 200 feet west of Denton Tap Road. Councilman Robertson 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.
Planning and Zoning Coordinator Taryon Bowman made a presentation to Council. Councilman
Morton asked if the maintenance of the 8' wooden fence on the western boundary and the 6'
masonry fence on the southwest section of the property would be the responsibility of the
homeowners association in the new subdivision. Taryon Bowman stated that the homeowners
association would be responsible for these. It was determined during later discussion that the
landscaping, however, would not be the responsibility of the new Homeowners Association. Jim
Si,pi,la of 5001 LBJ Freeway, Suite 830, Dallas, Texas, the applicant was present to answer
questions of the Council.
Mayor Wolfe then stated that the Public Hearing for this item had been closed during the last
Council session but wished to give any citizens who wished to speak a chance to do so at this
time. Those citizens who wished to speak included:
1) Mike Walsh of 233 Southern Belle Drive stated that he is concerned with the potential
drainage problems.
2) Barbara Bailey of 232 Plantation Drive presented a petition with 140-150 signatures
on it to Council. She stated that the owners wished to see larger lot sizes and is
concerned that drainage problems be addressed.
3) Mary Evelyn Mobley of 709 Coppell Road stated that she is concerned about the
cemetery directly east from Plantation Drive and wishes to see that it is protected.
4) Sandy Ryder of 252 Plantation Drive stated that she is opposed to the development.
Acting City Engineer Shohre Daneshmand was also present to answer questions which the
Council might have concerning drainage problems. She stated that drainage problems will be
looked at closely. Mayor Pro Tern Smothermon moved to accept zoning change request from
(C) Commercial to (PD-SF-7) Planned Development Single Family-7, for Case #PD-115,
Wynnpage Addition including all of the additions and modifications made by Planning and
Zoning, with the additional provision that the lots on the western edge (number 13 through 26)
will be 9,000 square foot minimum size with lots 17 through 26 to be at least 75' width, Lots
11 and 12 have a minimum square footage of 8,450 and also directing Staff that an acceptable
drainage plan be submitted with the plat. Councilman Cowman 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 9
Briefing regarding implementation of the Recycling Program.
Jim Dippold, Chairman of the Recycling Committee made a presentation to Council. Wendy
Petty and John Gustafson of Texas Waste Management were also present to answer questions
of Council. No further action was required on this item.
Item 10
Consideration of a Resolution regarding the date of the Civil Service Election.
Mayor Wolfe provided information as to why this item is on the agenda. City Attorney Larry
Jackson made a presentation to the Council. He explained that his opionion is that the City
Council should cancel the election for Civil Service of May 4, 1991 and wait until after
September 1 to call the election based upon the refiling of the petition after September 1, 1991.
He further stated that it is his opinion that a new petition will not have to be gathered. The
petition submitted to the City in February should be returned to the party filing it and advised
that it may be held and filed again after September 1, 1991, at which time the City would be
authorized by law to act upon it and call the election. He stated that he feels that the statute
(dealing with the results of the Census) mandates that the Council repeal the call of the election
for May 4, 1991; otherwise, any party who is dissatisfied with the results of the election could
bring an action to have the election held invalid. He said he feels that the statute is so clear in
its prohibition against any action prior to September 1 that any court presented with the question
would hold the election void. Councilman Robertson moved to approve Resolution 032691.1
rescinding the Civil Service election of May 4, 1991. Councilman Cowman seconded the
motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver,
Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion.
During further discussion, Councilman Morton requested that Staff look into having Dallas
County restore the library funds which had been stopped when the population, based on the latest
Census results, went over 10,000.
Item 11
Consideration of a Variance from Section 10-5-4A of the Sign Ordinance which
concern temporary banner signs. The variance is requested by Comerica Bank
for the property located at 150 S. Denton Tap Road.
Councilman Morton moved to approve a variance from Section 10-5-4A of the Sign Ordinance
for Comerica Bank located at 150 S Denton Tap Road with May 24 as the deadline for the sign