Lone Star Club-CS 971229 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
LAWRENCE W. JACKSON 1800 Lincoln Plaza JOHN F. ROEHM III
ROBERT L. DILLARD III 500 North Akard JENNIFER R. DIETZE
ROBERT E. HAGER
PETER G. SMITH Dallas, Texas 75201 JASON C. MARSHALL
DAVID M. BERMAN (214) 965-9900
SRUCE A. STOCKARD Fax (214) 965-0010 ROBERT L. DILLARD. JR
H. LOUIS NICHOLS
OF COUNSEL
December 29, 1997
Mr. Richard Jackson
Richard Jackson Associates
51 !5 McYfinney, Suite D
Dallas, Texas 75205
Re: Lone Star Country Club
Dear Mr. Jackson:
Please be advised the undersigned represents the City of Coppell, Texas, and have been
directed to contact you regarding the unlawful placement of fill dirt on the real property where
the Lone Star Country Club is located.
Recently, it was brought to the attention of the City of Coppell that fill dirt has been
placed and has continued to be placed on the above-referenced property. The proper placement
of fill dirt on this property has been the subject of numerous discussions with Mr. John Robinson
and other purporting to have ownership interest in the property. On December 11, 1997, Mr. Ken
Griffin, P.E., Director of Engineering and Public Works, received a call from you in which you
advised that you represented the owners of the property. You informed Mr. Griffin that the dirt
was being placed on the property to rebuild Ledbetter Road. As Mr. Griffin explained to you, the
City of Coppell Floodplain Ordinance has certain requirements that must be satisfied prior to
placing any fill dirt in the floodplain.
The placement of dirt on the property is a violation of the Floodplain Management
Ordinance No. 94639. The Ordinance defines development as any manmade changes to improve
or unimprove real estate including ... "filling" ... within the Floodplain Management areas of the
City. The Ordinance requires a Floodplain Development Permit before any development begins
on land within a floodplain. Prior to the issuance of a Floodplain Development Permit,
conditional approval must be obtained from FEMA. The approval from FEMA requires
technical information showing the impact of the fill on the floodplain and the properties both
upstream and downstream. This is typically done with technical information commonly referred
to as a HEC II study. None of this information has been provided to the City.
Richard Jackson
December 29, 1997
Page 2
In addition to the foregoing, the placement of dirt on this property is a violation of City of
Coppell Ordinance Nos. 93634 and 97814. The subject property is within the floodplain of the
Trinity River which requires Trinity River Corridor Development Certification through a
notification to the Cities of Arlington, Carrollton, Dallas, Farmers Branch, Fort Worth, Grand
Prairie, Irving and Lewisville, the Counties of Dallas, Denton and Tarrant, and the Tarrant
County Water Control Improvement District #1, Trinity River Authority of Texas, United States
Army Corps. of Engineers and the North Texas Council of Governments. Any one of these
entities can voice objections to the development, however, the final granting of any permit rests
within the City in which the development originates.
The City of Coppell requires the removal of the fill dirt that has been placed on the
property to insure compliance with not only the Floodplain Management Ordinance, but the
Corridor Development Certificate. Your assistance in notifying your client and obtaining
voluntary compliance will be greatly appreciated. If your clients fail to voluntarily remove the
fill dirt and comply with the requirements of the applicable Ordinances, the City xvill have no
alternative but to institute legal proceedings to enjoin further violations. Please avoid the
additional costs of litigation and possible criminal prosecution for violation of penal Ordinances
through voluntary compliance.
Thank you for your attention to this matter. If you have any questions in this regard,
please do not hesitate to contact me. Any further communication regarding this matter should be
directed to the undersigned.
Very truly yours,
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Peter G. Smit~
PGS/pr
14948