CC approval on 11/14/2006
AGENDA REQUEST FORM
THE.CITY'OF
DEPT: Planning
COPPELL
DATE: November 14, 2006
ITEM #: 1 5
o WORK SESSION
o CONSENT
l.f' REGULAR
ITEM TYPE: PUBLIC HEARING
ITEM CAPTION:
Consider approval of Case No. PD-1 06R-SF-9, Hidden Valley, Lot 6, Block C, zoning change request from PD-1 06-SF-9
(Planned Development-106 Single Family-9) to PD-106R-SF-9 (Planned Development-106 Revised-Single Family-9), to
allow for a pool and deck to be constructed along the rear property line, providing a variance to the required 5-foot
setback, at 479 Hidden Valley Drive.
GOAL(S):
EXECUTIVE SUMMARY:
The following P&Z conditions remain outstanding:
1. Acknowledgement that proposed fencing across easements is subject to removal at discretion of easement entity.
2. Contact Greg Johnson at (972) 216-8926 to discuss proximity of proposed pool to existing TXU facilities.
FINANCIAL COMMENTS:
RECOMMENDED ACTION:
Decision of the P&Z Commission at the October 19th meeting:
APPROVAL with 5-0 vote, subject to the conditions listed above.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to close the Public Hearing & Approve
subject to conditions 1 & 2 above.
Staff recommends approval.
M - Tunnell
S - Brancheau
Vote - 7-0
@ 7PD-106R-SF-9. Hidden Valley l-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No. PD-I06R-SF-9" Hidden Vallev" Lot 6" Block C
P&Z HEARING DATE:
c.c. HEARING DATE:
STAFF REP.:
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
APPLICANT:
HISTORY:
TRANSPORTATION:
October 19,2006
November 14, 2006
Gary L. Sieb, Director of Planning
479 Hidden Valley Drive
One single-family lot of approximately 17,878 square feet
PD-106-SF-9 (Planned Development-l 06 Single Family-9)
To allow a pool and deck to be constructed along the rear property
line, providing a variance to the required 5-foot setback.
1. Tobin and L. Ashley Cupstid
479 Hidden Valley Drive
Coppell, Texas 75019
(972) 462-8588
Fax: (972) 401-5624
There has been no recent development history on the subject tract
other than a final subdivision plat, which was approved in the
spring of 2004. That plat reflected a total of 16 single-family lots
ranging in size from 12,000 to over 20,000 square feet.
Hidden Valley Drive is a local, 27 foot wide, concrete-paved street
contained within a 50-foot right-of-way.
ITEM # II
Page ] of 3
SURROUNDING LAND USE & ZONING:
North - Developing single family lots; PD-I 09 (SF9)
South - Single family development; SF-12
East - Developed single family residences; SF -12
West - Vacant single family lots; PD-I09 (SF-9)
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
for single family residences.
DISCUSSION: A large, two-story single-family residence has recently been constructed on a lot
of approximately 17,000 square feet in the Hidden Valley subdivision. The
footprint of the house basically used up the majority of the buildable site. After
completion, the owners desired to construct a swimming pool on the remainder
of the lot, but found less than adequate space with which to build the pool
envisioned, and provide the required setbacks. To gain enough space to
construct a pool and an attendant deck area, an application has been filed to
modify the required setback and amend the PD to allow construction.
Specifically, the applicant wishes to amend the side yard setback restriction of
five feet, and construct a swimming pool and deck on the property line. At first
blush, this request appears to be excessive. However, because of an existing
sewer/drainage easement (allowing no permanent structures) that separates this
property from its southern neighbor by 20 feet, there is adequate open area
between the two properties to negate this concern. In addition, with the
cooperation of the southern neighbor, this applicant has agreed to plant heavy
landscaping on that owner's land to screen pool activities from the neighbor.
That 20-foot open area coupled with the desire to landscape the easement
warrants staff support. Staff recommends this applicant submit a landscape plan
for the easement area to insure adequate screening would be provided as part of
this development.
Included with this staff report is an e-mail from the property owner to the south
(who is most affected by this development) stating agreement with the request.
That support is conditioned upon adequate landscaping being provided within
the easement area, maximum slopes, suggests certain plant materials that might
be included in the open space to adequately screen the pool area, and the
assurance of proper drainage of the development.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROV AL of this request, subject to the following
conditions:
1. Provision of a landscape plan that complies with the Plant Palette prior
to Council deliberation.
2. Insure pool and any decking is at least one foot off the rear property line.
3. Clarification of fencing across easement (wood, iron, or combination).
4. Acknowledgement that proposed fencing across easements is subject to
removal at discretion of easement entity.
ITEM # 11
Page 2 of 3
ALTERNATIVES:
I)
2)
3)
4)
ATTACHMENTS:
I)
2)
3)
4)
5)
6)
5. Contact Greg Johnson at (972) 216-8926 to discuss proximity of
proposed pool to existing TXU facilities.
Recommend approval of the request
Recommend disapproval of the request
Recommend modification of the request
Take under advisement for reconsideration at a later date.
Letter from applicant dated Sept. 18, 2006, explaining reason for request
Site plan and photos of surrounding environment
Pool plan
Drawing of proposed wood deck
E-mail from adjacent neighbor dated Oct. 10, 2006, in support of request
Departmental comments (Building Inspection, Engineering)
ITEM # ] I
Page 3 of 3
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September 18, 2006
City of Coppell
Planning Department
P.O. Box 9478
Coppell, TX 75019
RE: Hidden Valley Addition, Block C, Lot 6
To Whom It May Concern:
We, AsWey and Toby Cupstid, residents at 479 Hidden Valley, request a PD exception to the 5 feet
setback restriction so that we can build a pool to our backyard property line. In addition, if the same
restriction applies to a wood deck we would like to build in our backyard, we would like for another
exception to be made for the construction of the deck.
Reasons we believe this should be allowed:
1. There is a sewer and drainage easement that is part of the property of the two yards directly to the
south of our backyard. It is our understanding that no structures can be built on this easement. This
easement is not fenced in and sits on the south side of our neighbors' backyard fences. As you look at
the land for the easement from our house, one might believe that this property actually belongs to us.
Because this property is not used and no structures can be built on it, there is already a barrier created
between our backyard and our neighbors' backyards. Therefore, the approval of our request still
maintains the "spirit" of the 5feet setback restriction due to the fact that the easement creates an
automatic setback of more than 5 feet between our properties. Please see attached pictures.
2. Allowing us to build up to the property line helps "hide" the head wall that has been erected and
accesses our property.
3. By approval of the PD exception the need for adding another fence between our yard and our
neighbors (neighbors directly to the south of our desired pool), is eliminated. Our neighbors have
agreed to allow us to landscape this area in order to create a "natural fence" (for example, large
shrubs) between our property and their backyard fence. This will make the entire property between
us and our neighbors much more esthetically pleasing ~ a bonus for our neighbors, not just us. Our
neighbors are in favor of this plan.
Please see the attached documents to better understand our request. You will find a diagram for the pool
and deck we would like to build, pictures of our backyard, pictures of the drainage easement, and pictures
of our yard in relation to our neighbors.
We appreciate your time and review of this request. If we can answer any questions, please contact us at
(972)462-8588.
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ranges from 11 feet at beginning offence to 14 feet near the head wall- this
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Gary Sieb - Re: Landscaping of the Easement Area
From:
To:
Date:
Subject:
CC:
"Lynne Mulston" <duffys@wans.net>
<ashl ey . cupstid@oracle.com>
1011 0/2006 6: 17 PM
Re: Landscaping of the Easement Area
<toby.cupstid@guidestone.org>, "Gary Sieb" <GSIEB@ci.coppell.tx.us>
Dear Ashley,
I understand from your email ofIast week and a telephone conversation with Toby that there will be no need for you to acquire a strip of
property at the rear of our lot, 148 Maywood Circle
In lieu of additional property, our concurrence with landscaping of the easement area will be sufficient. It is our understanding that you will
provide privacy landscaping at the rear of our property. This will be agreeable to us with the understanding that the width of the landscaping
will be such that a grass strip of four to five feet is maintained adjacent to the fence in our yard, that the area is graded in such a way that any
surface water is concentrated in the planted area and the slope of the planted area does not exceed a 4 to I slope. An evergreen tree that
we like and would provide dense foliage, sufficient height for privacy (8-16 ft.when fully grown) and a fairly narrow thickness is Italian
cypress. We look forward to seeing your landscape plan for our review and approval.
Hope this is sufficient. If you need additional specifics, please let us know.
Best regards,
Lynne and John
--- Original Message ----
From: Ashley Cupstid
To: Lynne Mu!ston ; Gaiy Sieb ; Lynne Mu!ston
Cc: toby.cupstid@guidestone.org ; Gary Sieb
Sent: Tuesday, October 03,2006 1 :33 PM
Subject: Landscaping of the Easement Area
Dear John and Lynne-
We understand from Kevin Dunn that you are traveling in Europe right now. Hope you are having a great time and the
weather is good. Also, sorry to hear about your flooding problem. If we can ever help as you're gone, please don't hesitate to
call us. Home number is (972) 462-8588.
We are in the middle of our proposal with the city to allow us to build a pool within l' of our property line. We had mentioned
in our paper work that we plan to fund the landscaping of the easement (with your prior agreement). As the easement is your
property, the city would like to see your concurrence in writing to our landscaping the easement area between your fence and
our property line with some type privacy shrubbery. We will get your agreement to the type of shrubs used, amount, etc.
Would you please do a reply all, as I've copied the City planner, Gary Sieb, on this email, and forward your concurrence?
Thanks again,
Ashley
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L. Ashley Cupstid
Sales Executive
222 West Las Colinas Blvd.
Suite 1000
Irving, Texas 75039
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file:! /D:\ Temp\G W} 00002.HTM
10/11/2006
CITY OF COPPELL
2nd ORe REPORT
COPPELI.
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Project ID
PD-06-0050
Project Name
Pd-106r-sf-9, Hidden Valley,
Address 479 Hidden Valley Dr
Project Type Re-Zoning PD
Application Date 9/20/2006
Case Manager Gary Sieb
Project Description zoning change request from PD-106-SF-9 (Planned Development -106 Single Family-9) to PD-106R-SF-9 (Planned
Development - 106-Single Family-9 Revised) to allow for a pool and deck to be constructed along the rear property line.
providing a variance to the required 5-foot setback
1 of
Aqency
Engineering
Building Inspection
Comments
1. No permanent structures are allowed in the Drainage Easement.
1. Inspection will need sealed engineered drawings in order to permit.