Loading...
9/10/02 CC approvalCOPPELL AGENDA REQUEST FORM CITY COUNCIL MEETING: September 10, 2002 ITEM # 15 ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. ZC-610(CH)/PD-198, zoning change request from C (Commercial) to PD- 198-SF-7 (Planned Development-198-Single-family-7), to recognize existing residential single-family uses on approximately nine acres of proEerty located alan Bullock and How{ APPROVE BY CITY COUNCIL ON ABOVE DATE SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 15, 2002 Decision of P&Z Commission: Approved (5-0) with Dragon and Stewart voting in favor. None opposed. Drives. ~otion to Close the Public Hearing and Approve subject to conditions t-9 noted below ~ - Peters $ - York Vote - 7-0 Commissioners McCaffrey, Kittrell, McGahey, Approval is recommended, subject to the attached Planned Development conditions. Staff recommends approval. Il-Use Regulations A building or premise shall be used only for the following purposes: Al-Any use permitted in the 5F-ED, 5F-18, 5F-lZ or $F-9 districts; B). Home occupation: and C)-$uch uses as may be permitted under the provisiol~ of special use perm/ts in the 5actions lZ-30-§ and 1g-30-6 of the Zoning Ordinances; gl-Maximum height regulations The maximum height regulations will be 35 feet nor more than two-stories in height; 3)- Area regulations Al-Minimum size of yards il-Front ya~cl: 2§ feet; ii)-Side yard: Eight feet. Adjacent to a side street. 1§ feet. Allowable non-residential uses, g§ feet; iJJ)-Rear yaPdl 20 feet; B)-Minimum size of lot: il-Lot area: 7,000-square feet; ii)-Lot width: 65 feet; iJJ)'LOt depth: 100 feet; 4)-Minimum dwelling size: 1,Z00-square feet, exclusive of garages, breezeways, end porches; §l-Lot coverage: the combined area of the main buildings ~nd ~ccessory buildings may cover 40 percent of the total area; 6)-Two off-street parking spaces shall be provided pe~ dwelling unit; 7)-Type of Exterior Construction: A}-AII stroc~ures in existence at the time of this ordinance shall be considered conforming a~ to the masonry requirements; DIR. INITIALS: FIN. REVIEW: Agenda Request Form Revised 5/00 CITY MANAGER REVIEW: ~lZC610(CH)PDI98 1-Agenda Request CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: ZC-610(CH)/PD-198, Northlake Estates P & Z HEARING DATE: C.C. HEARING DATE: August 15, 2002 September 10, 2002 STAFF REP.: Maxcie Diamond, Assistant Planning Director LOCATION: Residential lots along Bullock and Howell Drives. SIZE OF AREA: Approximately nine acres of property. CURRENT ZONING C (Commercial) REQUEST: PD-198-SF-7 (Planned Development-198-Single Family-7) APPLICANT: Various property owners and a Planning and Zoning Commission authorized Public Hearing (see attached map). HISTORY: Page 1 of 6 The homes in this area were constructed in the late 1960's and early 1970's. The Coppell Comprehensive Plan, 1972-1992 targeted this area for the City's Central Business District, given its proximity to Denton Tap, the railroad tracts and the proposed Loop 9. Therefore, this area was zoned Commercial to support the CBD uses envisioned for this area. In 1984, there was a petition by the property owners to rezone this property from C to SF-7. On April 10, 1984, Council denied this request, without prejudice. In October of 1985, Council discussed the issues regarding existing single-family homes in commercial zoning along these two streets. Item # 4 At that time, the residents were somewhat divided about retaining the commercial zoning or rezoning to single family. No action was taken. However, an outgrowth of that discussion was the approval of Ordinance No. 297-A-27 in November 1986, which provided for regulations for business property where residential structures were located as follows: conforming status for all residential structures to be continued as residences; requiring SUP's for businesses in these residential structures, and if the residential structure is removed or destroyed, only conforming commercial structures could be built. These provisions are located in Section 12-30-14 of the current Zoning Ordinance. This section was recently amended to change the nomenclature of "business property" to "business use". In 1987, Ordinance No. 297-A-37 was established to allow for several businesses to be located in residential structures, including 829 Howell. The structure at 829 Howell remains as Stella's Beauty Salon. In June 1997, S-1126 was approved for the Tren- Tech Company located at 828 Howell Drive, to allow for the residential structure to be used for an office. This approval was subject to the Board of Adjustment granting a variance to reduce the parking. Also in 1997, a SUP was granted to allow for Artisan Landscaping to occupy 832 Howell, subject to various operational and site plan conditions. In 1999, PD-174 was established for ProofRock Waterproofing Systems to allow for a residential structure to be used for commercial purposes, as well as to allow for an addition to the existing building, with 12 conditions and variances to the existing Commercial zoning district regulations. These four commercial uses in residential structures are not part of the current request area. In December 2000, Council approved the expansion of the Dickey's restaurant's Special Use Permit to allow for parking on the rear portion of 804 Bullock. The existing home on the front portion of this tract is currently being occupied as a single-family residence. The site plan for the parking lot expansion was designed to only allow traffic from Denton Tap and to discourage additional commercial traffic on Bullock Street. The rear portion of this lot has also been excluded from this request. TRANSPORTATION: Both Bullock and Howell Drives are asphalt, residential streets with 50' of right-of-way. Page 2 of 6 Item ti 4 SURROUNDING LAND USE & ZONING: North - Undeveloped and single family; PD-108-LI and PD-108R-SF-9 South - Undeveloped and Artisan Landscaping; C (Commercial) and PD-174 East - Undeveloped and Dickey's restaurant; C (Commercial) West - Pinkerton Elementary - C (Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for mixed uses. DISCUSSION: This request to rezone these properties was brought forward via a petition by 23 of the 31 lot owners along Bullock and Howell (see attached exhibit). The leave-out lots have been included in this request per Section 12-44-2 of the Zoning Ordinance, which provides for the Planning and Zoning Commission to authorize a Public Hearing. As discussed in detail in the HISTORY section of this report, the homes on these two streets were constructed in the late 1960's and early 1970's. In the early 1970's, these properties were zoned for commercial use. Since that time, most of the homes retained their residential status, except for several of the residential structures on the southern end of Howell Drive, which have been converted to commercial uses, including a beauty shop, a landscape company and an office. However, to allow for these commercial uses to utilize the existing residential structures, a significant amount of variances and special exceptions were required to accommodate these uses on lots which were originally planned for residential uses (i.e., parking and setback variances). These properties have not been included in this rezoning. Given the practical difficulties in converting residential structures and lots for non-residential uses, coupled with the homeowners' desires to establish single-family zoning on their property, staff is in support of this rezoning effort. Most of the lots along Bullock and Howell Streets contain single-family structures. It is assumed that these homes were built compliant with the zoning regulations at that time. However, these homes are not in compliance with some provisions of the current SF-7 regulations. Therefore, these properties are being placed under a Planned Development District to allow for the tailoring of the PD conditions to reflect the existing developments on the properties, as well as to allow for renovations and expansions. It appears that the existing homes comply with the SF-7 regulations as they relate to: use regulations; maximum heights; area regulations, lot and dwelling unit sizes. However, the existing structures do not comply with the parking or masonry requirements of the current Zoning Ordinance. Item # 4 Page 3 of 6 In terms of parking, the current SF-7 regulations require: "Two enclosed off-street parking spaces behind the front building line. Off-street parking spaces shall be provided in accordance with the requirements for special uses set forth in Article 31. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. No parking shall be allowed within the front yard." While it appears that most of the homes were constructed with one-car, front-entry garages, most of the garages have been converted into additional living areas, and in some instances, carports have been constructed. Parking is now provided in the front driveways on both improved and unimproved surfaces. Therefore, the off-street parking condition for this PD is proposed to be "Two off-street parking spaces shall be provided for each dwelling unit." The second issue is the masonry requirements of the current SF-7 district regulations that require that all structures be 80% masonry. Again, while most of the homes are of masonry construction, frame homes also exist in this subdivision. Therefore, the PD condition is proposed to read as follows: "All structures in existence at the time of this ordinance shall be considered conforming as to the masonry requirements. Additions to existing homes may be of similar material as the materials of the existing structures, subject to compliance with current building code requirements. All new residential construction shall be developed in accordance with the standard masonry requirements of the Zoning Ordinance." The final PD condition states that all existing residential developments within this PD are to be deemed as conforming. In the event that new homes are constructed, they will be required to be constructed in accordance with the SF-7 District regulations of the Zoning Ordinance. Since the notices were mailed, staff has received input from the property owner of two vacant lots on the east side of Bullock's southern end, who is currently included in the area of potential rezoning. The owner has requested that his two lots be removed from the area to be rezoned. He has combined these lots with additional lots under his ownership which front Denton Tap Road and desires to develop this approximate 2.7-acre tract for commercial/retail and/or restaurant uses. Staff does not oppose the removal of these two lots from the single-family zoning. Page 4 of 6 Item # 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-198-SF-7, subject to the developmem regulations on Attachment A and the removal of 101 and 103 Bullock Drive from the request area. 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: 1) 2) 3) 4) 5) Proposed PD Conditions Zoning Location Map Existing Conditions Site Plan Exhibit indicating signatures on petition Letter from Mr. Gene Gaddy, dated August 7, 2002 Page 5 of 6 Item#4 PD-198 CONDITIONS A. Use regulations A building or premise shall be used only for the following purposes: 1. Any use permitted in the SF-ED, SF-18, SF-12 or SF-9 districts. 2. Home occupation. 3. Such uses as may be permitted under the provisions of special use permits in the Sections 12-30-5 and 12-30-6 of the Zoning Ordinance. B. Maximum height regulations. The maximum height regulations will be 35 feet nor more than two-stories in height. C. Area regulations. 1. Minimum size of yards: (A) Front yard: 25 feet. (B) Side yard: Eight feet. Adjacent to a side street, 15 feet. Allowable non- residential uses, 25 feet. (C)Rear yard: 20 feet. D. Minimum size of lot: (A) Lot area: 7,000-square feet. (B) Lot width: 65 feet. (C) Lot depth: 100 feet. E. Minimum dwelling size: 1,200-square feet, exclusive of garages, breezeways, and porches. F. Lot coverage: the combined area of the main buildings and accessory buildings may cover 40 percent of the total area. G. Two off-street parking spaces shall be provided per dwelling unit. H. Type of Exterior Construction: (A) All structures in existence at the time of this ordinance shall be considered conforming as to the masonry requirements. (B) Additions to existing homes may be of similar material as the materials of the existing structures, subject to compliance with a current building code requirements. (C) All new residential construction shall be as follows: at least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line I. All residential structures are deemed conforming. Construction of new homes shall adhere to the regulations as set forth herein. Page 6 of 6 Item # 4 L E, (BELIE) r oY Cop~ TX 75019 Phone (972) 462-8393 Fax (972) 462-8352 £mail 8addy 1 ~aitmafl.net August 07, 2002 Ms. Marcie Diamond City of Coppell Planning & Zoning Department P.O. Box 9478 Coppell, TX 75019 CASE NO.: This is a follow up letter to our telephone conversation on Tuesday August 6th 2002 regarding the above case number. I received the Notice of Public Hearing to change the aforementioned property fi-om Commercial use to ResidontiaL ARer studying the accompanying plan I have concerns that part of the land identified to be changed is in fact part ora Commercial tract that fi-onts onto Denton Tap Road. I have plans to develop this land for Commercial and/or Retail use (hopefully restaurants), and do not want it to be included in this re-zoning case. I have faxed to you a more recent and accurate plan of the property in question and a copy is attached herein. The two lots in question (North Lake Estates Lot 34 - 101 Bullock Drive and North Lake Estates Lot 35 and adjacent abandoned alley - 103 Bullock Drive) were purchased by our group in the 1980's. At that time the existing alley way was purchased from the City of Coppell at fair market value to be included in the Denton Tap fi-ontage. We then relocated the alley to the North of these lots, where it actually exists today. The utilities were removed from the old alley and relocated to the new alley way at considerable cost to us. Please change your re-zoning plan to show the actual location of the alley separating our Commercial tracts fi.om the proposed Residential zone. I have enclosed a copy of your plan with the land in question highlighted. I would appreciate a reply indicating what action yon will take to remedy this situation before the case hearing on August 15th 2002. If you have an~q~esti itate to call me at (972) 462-8393. 'al:t d¥.l. NO.LN=IQ mm