ST1002-CN080711
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Ken Griffin - Meeting Items
From: "Greg Yancey" <gregyancey@verizon.net>
To: "'Clay Phillips'" <cphillip@ci.coppell.tx.us>
Date: 7/11/2008 7:49 AM
Subject: Meeting Items
CC: <Charles@CSECRE.com>
Attachments:Business issues in docs 7-10-08.doc; City Issues 071008.doc; Main Street PD
063008.doc
Clay:
Here are the discussion items we have.
Charles also wants to purchase the Northlake site.
Thanks,
Gregory K. Yancey
Provident Company
(214) 215-9400 v
(214) 276-1709 f
gregyancey@verizon.net
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Below is a list of what I consider the major issues that we need to discuss with Clay before we
respond with detailed comments:
A. Economic Development Incentive Agreement
1. Clarify that CSE will oversee construction of Public Infrastructure, but not Town Square
Improvements (pavilion, playground and rest rooms). CSE will get these improvements designed
and bid, but City to award contract and construct. Deadline to finish within 6 months following
completion of Public Infrastructure.
2. Take out requirement to complete all planned improvements within 10 years.
3. Amendments to Historic Overlay District. Confirm whether future amendments could alter PD in
any way. If possible, how can CSE be protected against adverse changes? (I have e-mailed Pete
Smith to ask his views on the issue).
4. Confirm City willingness/ability to prepare and approve a "conveyance plat" that lays out
streets and blocks for conveyance purposes, but which will not serve as final plat needed for
construction of vertical improvements on each block. Can this be approved concurrent with PD
case? Also confirm that City will prepare/update a survey that describes the property for Exhibit A
to the Agreement and also carves out the town square area that will not be subject to the option.
B. Option and Restriction Agreement (I have suggested to Pete that we title "Option Agreement")
1. Expiration date of option will be 7 years from completion of Public Infrastructure (not execution
of Option Agreement).
2. Exercise of Option should not include a condition that the nature and use of the proposed
improvements be described. This will be a major issue to lender. City is already protected thru
zoning.
3. No deadline for exercise of option on Phase One. That is covered thru the obligation to
complete Phase One by a certain date.
4. Issue of remedies if City creates a title objection or defaults under the agreement. We need
specific performance, at a minimum, but also want a damage claim equal to pro rata refund of
option payments and direct development costs plus interest at 12% (the increased interest is to
help compensate for our true cost of funds including equity). Note that specific performance does
not help much on a title problem.
5. We need the initial $50,000 to be refundable prior to our putting up the $200,000 in such case
we determine this is not feasible. We also need City to provide copies of any due diligence
reports (without any representation or warranty).
6. Confirm City willingness to basically execute an estoppel letter for lender. Also City must agree
that lender not be required to give city notice of default under loan documents and that a
foreclosing lender (and its successors) shall not be obligated to construct any vertical
improvements (they will be required to complete Public Infrastructure).
City / CSE Issues
Revised: 07/10/08
1. Survey in progress? Surveying Hassan, too?
2. R.O.W. from F&N done? We need to get a dimensioned plan from F&N. Need
to indicate property line on square property.
Burnett street wrap around?
3. Hassan situation?
4. City have Phase 1 on Hassan ordered or done?
5. Zoning case submission 07/21.
6. Need to jointly resolve outstanding PD disagreements.
7. Deliverables on site?
8. Kohlberg status? TH issue for us.
9. Farmers Market Plan – discuss possible solutions
10. Contract issues. See attached.
11. Missing Agreements – shared parking; CC&R’s; lease for entry feature
Main Street PD
Revised 06/30/08
= City Planning approved
NN = City Planning deems not necessary
= City Planning directs to change
= City Planning disapproval
1. The Service, Townhome and Restaurant uses are allowed and will not require a Special Use
Permit.
2. A Special Use Permit shall not be required for the following uses in Service buildings:
carpentry, painting, plumbing or mechanical shops; private schools and related facilities;
warehousing or storage up to 100% of the floor area; sports, recreation and entertainment uses
indoors; commercial printing shop; catering kitchen for off-premise consumption; auto repair;
equipment sales; indoor amusement.
3. The maximum size of the restaurant uses will be 8,000 sq. ft. as opposed to 5,000 sq. ft.
outlined in Section 12-28A-3.
4. Residential lots may have a five foot wide area of street trees, landscaping and lighting
instead of seven feet. This modifies Section 12-28A-3.
5. The maximum side yard setback shall range from 0-10 feet as opposed to the 0-8 feet
outlined in Section 12-28A-3.
6. The parking area is allowed to be within 5' of the rear property line, as this is abutting a
private alley. This modifies Section 12-28A-4.
NN 7. Parking lots outside of view from public streets shall not require screening. This modifies
Section 12-28A-4.
NN 8. Driveways may be located in the rear. This modifies Section 12-28A-5.
NN 9. Building materials may include cement board. This modifies Section 12-28A-5.
10. Commercial buildings shall not be required to have a minimum of 60 percent glazed area.
This modifies Section 12-28A-5.
11. Masonry may be painted if intended for signage. This modifies Section 12-28A-5.
12. Buildings having facades longer than those historically found in the district may utilize
vertically oriented bays or other vertical design elements to break up the massing. This modifies
Section 12-28A-5.
13. Window framing materials may be of aluminum or vinyl but must be traditional in
appearance. This modifies Section 12-28A-5.
14. Canopies and awnings may be metal. This modifies Section 12-28A-5.
15. Shutters may be made of vinyl. This modifies Section 12-28A-5.
16. Foundations may be raised or may be built on grade. This modifies Section 12-28A-5.
17. Gutters may be rectangular when used on buildings with flat roofs. This modifies Section
12-28A-5.
18. Meters and mechanical equipment may be located on the side facades if screened from
view. This modifies Section 12-28A-5.
19. Walls of freestanding brick are permitted in rear and side yards visible from the street. This
modifies Section 12-28A-5.
20. Signs may be painted directly on the façade. This modifies Section 12-28A-7.
21. Pan signs may be installed on the facades. This modifies Section 12-28A-7.
22. Projecting or hanging signs may be approved administratively. This modifies Section 12-
28A-7.
23. No screening walls shall be required to separate land uses. This modifies Section 12-33-1.
24. Trees planted in the parking islands shall be the only overstory trees required. Trees in the
streetscape may be either overstory trees or accent trees. This modifies Section 12-33-1.
25. The service court area for the retail and services buildings shall be exempt from screening
requirements for refuse storage and utility equipment. This modifies Section 12-33-1.
26 Ground and wall mounted mechanical and utility equipment must be screened from public
rights of way but no screening is required from adjacent properties. This modifies Section 12-33-
1.
27. Screening may be evergreen landscape materials. This modifies Section 12-33-1.
28. No screening is required for the townhomes. This modifies Section 12-33-1.
29. No screening is required of private parking areas not visible from the public rights of way or
located adjacent to private alleys. This modifies Section 12-34-8.
30. No perimeter or interior landscaping areas shall be required when located in a service court
area. This modifies Section 12-34-8.
31. Planting islands may contain trees, shrubs or groundcover. This modifies Section 12-34-8.
32. A Landscape perimeter buffer shall not be required along property lines or alleys. This
modifies Section 12-34-8.
NN 33. Residential front yards, side yards and building lines may be 5 feet when a streetscape is
provided. Stoops may articulate into the front yard. This modifies Section 12-16-3.
34. No rear yard shall be required adjacent to a dedicated alley. This modifies Section 12-16-3.
Matt – do we need this one???? Delete: alley is private.
NN 35. Lot coverage may exceed 70 percent of the total lot area. This modifies Section 12-16-3.
NN 36. No guest parking is required behind the curb line. This modifies Section 12-16-3.
NN 37. Balconies or patios may extend beyond the building line. This modifies Section 12-16-3.
Note: 33-37 apply to the TH-2 ordinance; Matt says does not apply to H district.
38. Streetscape trees shall be counted toward the required ratio of trees in non-vehicular open
space. No other trees shall be required for Cottage, Retail or Service uses. This modifies Section
12-34-9.