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Riverchase(1)-CS 940503 NICHOLS, JACKSON, DILLARD, HAOER & SMITH, L.L.P. ~ o. ~ 5~ No~ ~ ~o~ L. ~ ~ ~ k~l~ NI~ ~v~o M. ~ D~, T~ 7~201 ~ ~ ~ ~ ST~ (214) 9~4-3333 F~ (214) 9~33~ May $, 1994 Ma'. James Witt City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 Re: Zoning/Subdivision Requirements Dear Mr. Witt: Pursuit to your request, the undersigned provides the following opinion concerning wbether the zonin=~ di~ict boundaries and the height of apartments are required to be shown on a prellmin~ry and/or final plat; and whether a screening wall is required for the CED (R/verchase Club Addition). You a~k wh~thor the current or former subdivision regulations of the City require the zon/ng distr/ct boundaries and the height of mult/-fam/ly structures to be shown on preliminsry and/or firm] plats. Section VIIIC of Ordinance 341, the former subdiv/sion regulations, conta/m the requirements for prel/minary plats and Section IXC contains the requ/rements for Final plats. Neither section of Ordinance 341, as amended, requires zoning dhtrict boundary lines, the height of multi-family structures, or thc footprints of buildings to be shown on a preliminary or final plat. Under Ordi~,t' _':e No. 94-643, the new subdivision regulations, the requirements for preliminary plats are set forth in Section VIHC and the rcqu/rements for final plats are set forth Section IXC. Neither section requires zoning district boundaries or the height of multi-family structures be shown on preliminary or final plats. Thus, we conclude that neither the plsnni~ or Zoning Commlr-sion nor the City Council may require zoning d/strict boundaries or the height of multi-fam/ly s*mctures to be shown on a preliminary or final plat ~s a condition of ~proval. Next, you ask whether the Comprehensive Zoning Ordinance requires a screening wsll for the Riverchas~ Club Addition. Section 33-1(2) of the Comprehensive Zoning Ordinance provides: 'When the side, rear or service side of a non-residential or multi-family use is adjacent to a public thoroughfare with greater than s/xty feet of Right-of-way screening six (6) feet in height shall be provided. AU screening walls shall conform to 33-1.8.' May 3, 1994 Page 2 Thus, if the Riverchase Club Addition has any side, rear or service side of a mu]ti-family use adjacent to a public thoroughfare with greater than sixty (60) feet o£ right-of-way, screening six feet in height is required. To decide if a screening wall is required for the Riverchase Club Addition, you must determine whether there are any side, rear or service yards adjacent to a public thoroughfare with greater than 60 feet of right-of-way. Section 32-2' provides special regnalations for front yards which when applied to the CED tract, result in front yards fronting on Beltline, Riverchase Drive and MacArthur Blvd. Thus, the screening requirement provided in Section 33-1(2) is Rot applicable to the sides of the property which front on Beltline, MacArthur Boulevard and Riverchase Drive. Further, since the rear yard adjacent to the Texas Power & Light easement is not adjacent to a public thoroughfare, a screening wall ia not r~quired at that location either. Thank you for your attention in this matter. If you have any questiom in this regard, please don't hesitate to contact me. Very truly yours, NICHOLS, JACKSON, DI~ .! .,~RD, HAGER & SMITH, L. LP.