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Lone Star Club-CS 971212 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Peter Smith, City Attorney From: Ken Griffin, P.E., Director of Engineering and Public Works RE: Lone Star Country Club/John Robinson property Date: December 12, 1997 It was recently brought to my attention that fill dirt has been placed and is continuing to be placed on property that was owned by KKR, Inc. This property is commonly referred to as the John Robinson property/Zone Star County Club. As you are aware, there have been numerous conversations with Mr. Robinson over the years about the proper approach on placing fill on his property. This week I visited the site and was fortunate enough to encounter one of the truckers and obtain some intbrmation. On December 11, 1997, I received a call from Richard Jackson representing himself as the attorney for the property owners. Mr. Jackson stated that dirt was being placed on the property to rebuild Ledbetter Road. I explained to Mr. Jackson that our Floodplain Ordinance has certain requirements that need to be complied with prior to placing any fill dirt in the floodplain, whether that be for reclamation of property or for construction of roadways. Mr Jackson operates as: Richard Jackson and Associates 5115 McKinnev. Suite D Dallas. TX 75205 (214) 522-5977 Mr Jackson would not provide any information about the owner of the property. When I referred to it as the Robinson tract, he did state that the property had changed ownership recently He would not tell me if Mr. Robinson was still involved with the property. The only name he would provide to me is that the property is owned by a company called Afghan Emerald, Inc Mr Jackson would not divulge if John Robinson, Kamwell, Inc. or KKR was still involved with the property Chad Beach has checked with the County and discovered that about two months ago KKR conveyed the property to Rostam Development Limited. A copy of the deed was faxed to Bruce Stockard. Because of the long histoD' of City involvement with this property, Jim Witt has suggested that this be passed directly to vou It is my opinion that the placement of the dirt on this property is a violation of Ordinance 94639 which is referred to as the "Floodplain Management Ordinance". In the ordinance the definition for "Development" states "any manmade changes to improved or unimproved real estate including ... filling.., within the floodplain management areas of the City' In the same section, the definition for "Floodplain Development Permits" states "a permit which must be obtained by any person before any development begins on land within a floodplain" Article 3, Section D of the Ordinance states that "no structure or development of land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations". Section D also establishes penalties for noncompliance..-~"ticle 4, Section B, paragraph 11 states "floodplain development permits are required for all new development in floodplain management areas of the city" and that prior to floodplain development permits being issued, conditional approvals must be obtained from FEMA. To obtain the additional approval from FEMA, obviously, technical information needs to be provided 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 I4_EC II study. None of this information has been provided to the city. In addition to the noncompliance to the Floodplain Management Ordinance, it is my opinion that the placement of this dirt is also a violation of Ordinances 93634 and 97814. These ordinances refer to the Trinity River Corridor Development Certification. Because this property is in the floodplains of the Trinitv River, not only does it need approval from the City of Coppell and FEMA it also requires notification to the following: City's of Arlington, Carrollton, Dallas, Farmers Branch, Fort Worth, Grand Prairie, Irving and Lewisville; the Counties of Dallas. Denton and Tarrant: and also the Tarrant County Water Control Improvement District ,e 1. Trinity River Authority of Texas; United States Aa-my Corps of Engineers; and the North Central Texas Council of Government Anyone of those entities can voice objections to the development. however, the ordinance is very clear that the final granting of any permits rest with the city in which the development originates. My goal in this situation is to bring about the removal of the fill that has been placed on the property and to insure compliance with not only the Floodplain Management Ordinance but the Corridor Development Certificate..Any assistance you can provide the city in helping to facilitate the removal of the dirt will be greatly appreciated. If you should need additional information or clarification please contact me as soon as possible so this issue can be resolved cc Jim Witt, City Manager Clay Phillips, Deputy City Manager Lone Star file