Valley R Center-AG 900410° R~'v. 4-24-89
AGENDA REQUEST FORM
~ ,~,,ut Fv,~ CITY COUNCIL MEETING April 10, 1990
ITEM CAPTION: Consideration of a request from Debbie Teer to allow work to be~rin at the Valley
Ranch Centre prior to the completion of landscape work or escrowing of funds as required
by Section 33.3 1 of the City's Zoning Ordinance. Ms. Teer is requesting the City waive the
escrow requirement for a period of 60 days. ~
SUBMITTED EY: _ (Direc~r' s .~ignature) STA/
0 R REP.:
_~VALUATION OF ITEM: DATE: April Z, 1990
/"ne City's Zo ning Ordinance requires landscape work to be completed or an escrow fund
established in the amount of 110% of the landscape work p~or to the issuance of any Certificate
of Occupancy.
A determination was made approximately SM years ago by the City Council when considering a
request by Univest for the Town Oaks Shopping Center regarding landscaping. The Council
issued staff a moratorium onthe issuanceof any lease space finish-out permits for the center
until either the landscape work was completed or the money was escrowed.
As you are aware, the architect for the center, Rick Walker, addressed the Council during the
citizen's appearances portion of the February Z7 City Council meeting. The day after Mr. Walker
addressed the Council, I telephoned him and agreed to allow the shopping center portion of the
project to be separated from the Tom Thumb portion of the project. Because of the separation,
the only money that would have to be escrowed would be for the shopping center portion of
the project only.
,Mr. Walker stated that his lender was unwilling to escrow the money and that they were unable to
complete the landscape work at this time. Mr. Walker questioned whether any other options
were available regarding the escrowing of the funds. I referred him to Finance Director, Frank
Trando. No attempt was made to contact Mr. ]Pando until March 30.
Building Official
APPROt./E9
DATE
BLrDGET AMT.:
COMMENTS:
ESTIMATED:
AMT. +/- BUI~ET:
FINANCIAL REVIEW BY:
LEGAL REVIEW BY:
r o C
AGEndA REO FORM. 0~$uD~
REVIEI~2) BY CH:
e.y. 9-24-89
CITE
iTEM CAPTION: Co~i~ideration of a request
' Valley Ranch Centre prior to the
required by Section 33.3 1 of the Cites
to waive the escrow requirement for a
SUBMITTED BY:
?FAIUATION OF ITEM:
request ~s simitar to the variance
~eeting.
.~%lr. Ealis is also requesting approval .~o
Valley Ranch Shopping Centre prior to
,:f ftmds for +~hat work.
April 12, 1990
· APRIl1990
CITY MANAGER
Mr. Allen Ratliff
City Manager of Coppell
P. O. Box 478
Coppell, Texas 75019
Dear Sir:
I would like to come before the City Council of Coppell on April 24th,
1990 in order to request permission to start finish out on our space
for Custom Cleaners, Inc. in the Dunning Development shopping center
at MacArthur and Beltline Rd. prior to Dunning obtaining their shell
permit.
My company has a contractual agreement with an equipment company, in
which time is of the essence, and $200,000'. worth of equipment that is
currently having to be warehoused at an additional cost to us.
Thank you for your assistance in this matter.
Sincerely,
Peter Balis
PB/sj
i(ev. 4-24--89
1,.?~ ~TI~: Consid~ation of a request from Wa~e
~dley Ranch Centre pffior to the completion of landscape
:,;.~c[Son 33.3 1 of the City's Zoning ~inance. ~. Scott
-'~:~,~r~:~ment for a period of 60 days.
request ~s similar to the vamance granted to Debbie
5cot? is, ai:~o requesting approval to begin
Shopping Cenwe prior to the completion of [he-
the
waive, the :escrow
Official
~0
of funds
April 16, 1990
j"'c~ o~ ~,,~,o:,, , CITY MANAGER
APR 17 iBBO
L II~r~-U I iUN DE. PT
Dear Sir:
We, Wayne and dulie Scott, D.D.S., would like the City of Coppell to consider
a request to allow us to start Finish-out construction at Valley Ranch Centre
prior to the completion of the landscape work as-reQuired by Section 333.! of
the City's Zoning Ordinance. We are requesting a building permit only and
will not occupy the space until the Centre has received its Certificate of
Occupancy From the City of Coppell.
Thank you,
Wayne S. S'cott, D.D.S.
Co¥'9'8 t ~- 7-'{'
;
COPPELL TRAVEL KING
Dale Jackson
Inspection Department
Coppell, Texas
March 30,1990
Mr. Jackson,
This letter will serve as a request for a vairance on the
ordiance for us to start finish out at Valley Ranch Centre.
As per our conversation please contact me regarding this
situtation, as to what we need to do next. Thank You for
all of your help in this matter.
Sincerely,
Debbie Teer
President
500 S. Denton Tap Road, Suite 101/CoppelL Texas 75019/214-462-9573
33.3
ratios. Along arterials identified as major image zones
in the Streetscape Plan, the re:in is one (I) tree for
every forty (40) feet of frontage. Along other arterials
and collectors identified as secondary image zones, the
ratio is one (l) tree for every fifty (50) feet of
frontage. The trees may be clustered for maximum visual
impact.
On all non-residential and multi-family lots which have
frontage on a primary, or secondary image zone~and on
which lot utility poles are located in that zone, the
property owner shall locate trees so as to help obscure
the utility poles from behind. The trees shall be
located so as to minimize future interference with the
overhead lines.
The type of plants to be placed within the parkway
adjacent to dedicated streets shall be selected from
approved plant palette found in the Streetscape Plan.
The minimum caliper of trees shall be two (2) inches.
Ail landscaping shall be irrigated by a sprinkler system
designed by a licensed Landscape Irrigator. The required
sprinkler plam shall bear the seal of the Licensed
Irrigator designing the system.
It shall be unlawful for any person, firm or corporation
to cut or break any branch of any tree or shrub or injure
in any way the bark of said tree or shrub growing on
public property unless such action be done as part of a
reasonable landscaping maintenance operation.
Certificate of Occupancy:
No certificate of occupancy for any use except an ag-
ricultural use shall be issued until all common area
landscaping is installed according to the Conceptual
Landscape Plan that was approved as an element of the
Penal Plat for the subdivision in which that use is
located. In :he event that the landscaping has not been
installed due to seasonal considerations, the certificate
of occupancy may be issued if conditions of Section
33.3.3 are met. This paragraph is applicable only when a
Conceptual Landscape Plan had been approved. In the
event that a subdivision is being developed in phases,
only installation of the landscaping within the phase
being developed shall be required.
Per the conditions established in Section 33.1, no
certificate of occupancy for any use shall be issued
until all landscaping that is shown on the required
Landscape Plan for the use has been installed. In the
event that landscaping has not been installed, due to
seasonal considerations, the certificate of occupancy may
be issued if conditions of Section 33.3.3 are meC.
96
33.4
33.5
34.1
34.2
In the event that landscaping shown on an approved
Landscape Plan or Conceptual Landscape Plan cannot be
installed, due to seasonal considerations, a certificate
of occupancy may be issued if the following conditions
are met: 1) the project conforms to all other applicable
codes relating to C.0. issuance and 2) the developer
either obtains a letter of credit or deposits into an
escrow account a dollar amount equal to one hundred ten
(110) percent of the value of the landscaping not yet
installed. Either effort shall conform to approved city
guidelines to include the submission of an itemized
estimate of value of said landscaping not yet installed.
If at or before the end of s six (6) month period, the
landscaping has been installed per the approved Plan,
control of the letter of credit or funds in the escrow
account will be returned to the Developer. If the
landscaping has not been installed at the end of that
period, the City may, at their option, deposit the funds
into their account and use the funds to carry out instal-
lation of the landscaping. Any funds remaining after
installation will be returned to the Developer.
Maintenance: All required landscaping shall be maintained in
a neat and orderly manner at all times. This shall include
mowing, edging, pruning, fertilizing, watering, weeding, and
other such activities common to the maintenance of landscap-
ing. Landscaped areas shall be kept free of trash, litter,
weeds, and other such materials or plants not a part of the
landscaping. Ail plant material shall be maintained in a
healthy and growing condition as is appropriate for the season
of the year. Plant material which dies shall be replaced with
plant material of similar variety and size. Property owners
and/or homeowners associations are responsible for maintenance
of the parkway area between the curb and their property lines.
They are also responsible for the maintenance of the brick
screening walls built along their property line.
Visibility: Where the rigid enforcement of these landscaping
requirements will result in a conflict with 30.2-9, the
requirements shall be reduced to the extent to remove the
conflict. In any event, the requirements of Section 31 shall
take precedence.
SECTION 34
ACCESSORY BUILDING REGULATIONS
In a residence or district, an accessory building is
a subordinate building, attached to or detached rrm the main
building, without separate bath or kitchen facilities, not
used for comercial purposes and not rented.
In other districts, an accessory building is a subordinate
bull.ding, the use of which is incidental to and used only in
conjunction with the main building.
97
~Pril 6, 1990
Memorandum
To:
From:
Subject:N
Mayor & Council
Frank Trando, Deputy City Manage/Finance Director~/
Landscaping at Valley Ranch Center
On April'2, 1990 I spoke with Scott Morway, a representative of Dunning
Development Corporation, concerning a letter that he had sent to Chief
Kilcrease in which he indicated that the City would accept a letter of
credit. I informed him that the.City would prefer an escrow agreement in
the amount of '$35,867.76. At the conclusion of the conversation he agreed
that he would send a check to the City in that amount, hut, it would take
nine to ten days before he would receive the money because Lomas and
Nettleton, the lender on this project, requires time to process this
request. Hopefully we will receive the money some time during the week of
April 16, through 20, 1990.
ShoUld you have any questions please do not hesitate to contact me.
FT/lr
Dunning
Development Co~
7001 PresCofl Road
Su,~e -~O0/L8 36
Oal:as, Texas 75205
~21.~) 528-~905
March 30, 1990
Chief Kilcrease
City of Coppell
616 South Coppell Road
Coppell, Texas 75019
RE: Landscaping
Valley Ranch Centre
Southeast Corner of Beltline Road and MacArthur Blvd.
Coppell, Texas
Dear Chief Kilcrease,
Dale Jackson called me this morning to inform me that the City would be willing
to reduce the amount of the required Letter of credit for the landscaping to
an amount equal to Il0% of the Developer's (retail site excluding Tom Thumb"
site) pro rata share of the landscape cost. The dollars which would be allocated
to the balance of the site (Tom Thumb) were not required to be included in
this Letter of Credit. The Developer's portion of the site consists of two retail
parcels, totalling 269,260 square feet, with the entire site consisting of 492,460
square feet. This, therefore, means that the Developer's portion of the site
is 54.68% (269,260 / 492,460). I have enclosed a copy of the total site landscaping
contract which has been prepared for execution by Hawkins Nursery and Landscape,
Inc., in the amount of $59,632.50, of which the Developer's pro rata share would
be $32,607.05 ($59,632.50 x 54.68%). It is my understanding from Dale Jackson
that he will accept a Letter of Credit in the amount of $35,867.76 ($32,607.05
x 110%) and that upon receipt of such, will issue a Green Tag for the final shell
building inspection, assuming that any other items found in the inspection have
been corrected.
Chief Kilcrease, I hope you realize that I have a number of tenants which are
most eager to begin their tenant finish-out so that they can open their stores
at the shopping center, and I think everyone will agree that the sooner these
tenants open for business, 'the sooner everyone (including the City of Coppell)
will benefit by their presence. My main problem has been in getting the appro-
priate parties to agree on the Letter of Credit agreement which Dale originally
proposed as a concession to the escrowing of the money. Please realize that
I have had two parties which I had to deal with, the first being my own lender
and the second being Tom Thumb. Although Dale did inform me approximately
three to four weeks ago that he would waive the escrow requirement in exchange
for a Letter of Credit, this has really not helped me in my dealings with my
lender and Tom Thumb. The main problem has been that, given the current
economic conditions, especially in situations when you are dealing with real
estate development, no lender will give a Letter of Credit without an equal
sum of cash or other liquid assets backing it up. This means that with regard
Chief Kilcrease
Page 2
March 30, 1990
to the Developer's portion of such costs, the only way our lender could issue
a Letter of Credit is to go ahead and draw the money out of the loan, place
it in an escrow account securing the Letter of Credit, and issue a Letter of
Credit to the City of Coppell. This really does not differ from our escrowing
the money directly with the City of Coppell, because under both situations,
the lender woulJ be required to pull funds out of the loan, for work that is not
yet performed. Although Dale did inform me today that he would split the
contract out, I might mention that prior to this Tom Thumb had taken the same
business stance in that they could not issue a Letter of Credit for work which
had not been done, as any such Letter of Credit would have to be backed up
by an equal amount of cash.
I would appreciate your reviewing the enclosed back-up and if you find the cal-
culations referenced above to be appropriate, indicating the amount of the
escrow which would be allocated to the Developer's parcel, I will proceed to
try to finalize this arrangement with my lender. As I mentioned above, my
lender has been extremely hesitant to release any sums, even if they are to
be placed in an escrow account, for work which has not actually been performed.
Please let me know if the referenced sum is acceptable so that I may proceed
to work with my lender on this situation.
Sincerely,
cott Aus/~Morway
SAM/nvh
S10/13
Enclosures
cc: Dale Jackson
~F'~n k Tarando