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City Council Ordinance Memo1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: November 9, 2021 Reference: Consider approval of an Ordinance for PD-213R6-H, Live/Work, Lost Creek Addition, Lot 27, Block 1, a zoning change request from PD-213R2-H (Planned Development-213 Revision 2 – Historic) to PD-213R6-H (Planned Development-213 Revision 6 – Historic) to attach a Detail Site Plan for five, two-story 4,500-square-foot (3,000 square foot air conditioned) live/work buildings and a common parking area on 0.71 acres of property located at the northeast corner of S. Coppell Road and Heath Lane, and authorizing the Mayor to sign. 2040 Pillars: Enhance the Unique “Community Oasis” Experience & Create Business & Innovation Nodes Executive Summary: This is an ordinance resulting from Council approval of a proposal to construct five speculative live/work units and one common area parking lot. Approximately half or more of the ground floor will need to be dedicated to work area, while the upper floor will serve as a living area. Each unit is proposed to contain approximately 3,000 square feet of air-conditioned space, a covered front porch, a two-car garage and has the potential for a covered second story porch. The applicant has reduced the proposal to only include 1,200 square feet of air -conditioned space on the first floor as opposed to the 1,500 square feet originally shown. The interior floorplan will be finalized with the retention of a buyer. The one-foot and seven-foot side yard setbacks between the units, as proposed, is typical of a “zero lot line” development. A private maintenance, access, utility, and drainage easement is proposed between the units. This will allow the lot owners to access & maintain the sides their respective units as well as provide access from the rear parking to the front. The reason for the Planned Development request is to allow for specific conditions unique to this project. These conditions include: 1. An exception to allow an eight-foot wood fence in lieu of a six-foot brick wall on the eastern property line. This will be owned and maintained by the HOA. 2. No more than one unit shall be a high parking generator (1 space per 175 square feet). This includes uses such as medical & dental office and chiropractor. The remaining uses will be professional office. 3. Garages shall only be used for the parking of vehicles, no workspace. 4. Screening of second floor patio area is required to reduce the sight lines to the adjacent residences to the east. Analysis: On August 19, 2021, the Planning & Zoning Commission (6-0) recommended approval of PD-213R6-H, subject to the following conditions: 1. There may be additional comments during the building permit and detailed engineering review. 2. A replat will be required to subdivide the lots and to provide easements. 3. Submit draft HOA documents for City Attorney review. These shall be filed with the plat. 4. An exception be granted to allow an eight-foot wood fence in lieu of a six-foot brick wall on the eastern property line. 2 5. An exception be granted to allow 1’ perimeter landscaping on the east property line and 5’ on the northern property line. 6. No more than one unit shall be a high parking generator (1 space per 175 square feet). This includes uses such as medical & dental office, veterinary clinic, and chiropractor. 7. Garages shall only be used for the parking of vehicles, no workspace. 8. Screening of second floor patio area is required to reduce the sight lines to the adjacent residences to the east. On September 14, 2021, the City Council (6-1) continued the public hearing until September 28, 2021 and requested that the applicant reduce the density and work with staff and the adjacent neighbors to address their concerns related to the proposal. On September 28, 2021, the City Council (7-0) APPROVED the request subject to the following conditions: 1. There may be additional comments during the building permit and detailed engineering review. 2. A replat will be required to subdivide the lots and to provide easements. 3. Submit draft HOA documents for City Attorney review. These shall be filed with the plat. 4. An exception be granted to allow an eight-foot wood fence in lieu of a six-foot brick wall on the eastern property line. This will be owned and maintained by the HOA. 5. No more than one unit shall be a high parking generator (1 space per 175 square feet). This includes uses such as medical & dental office and chiropractor. The remaining uses will be professional office. 6. Garages shall only be used for the parking of vehicles, no workspace. 7. Screening of second floor patio area is required to reduce the sight lines to the adjacent residences to the east. Legal Review: City attorney drafted the ordinance. Fiscal Impact: None Recommendation: Attachments: 1. Ordinance 2. Exhibit A – Legal Description 3. Exhibit B – Site Plan 4. Exhibit C – Tree Survey 5. Exhibit D – Landscape Plan 6. Exhibit E – Elevations 7. Exhibit F- Rendering