Alexander Ct-CS080115
Page 1 of 2
Ken Griffin - Fwd: RE: Mira Mar Correspondence
From:Marcie Diamond
To:Clay Phillips; Gary Sieb; Greg Jones
Date:1/15/2008 2:45 PM
Subject: Fwd: RE: Mira Mar Correspondence
CC: Ken Griffin; Tim Oates
FYI - Dodd's response to question concerning issuing a building permit for screening wall for Alexander court.
>>> On 1/15/2008 at 2:32 PM, in message
<2E9ED15E0969744A9885A5FA83DF7F5541EE7C@njdhs1.NJDHS.local>, "David Dodd" <ddodd@njdhs.com>
wrote:
We should not issue a building permit until all conditions are met and the final plat is approved.
From: Marcie Diamond [mailto:mdiamond@ci.coppell.tx.us]
Sent: Tuesday, January 15, 2008 2:33 PM
To: David Dodd
Subject: Fwd: Mira Mar Correspondence
>>> On 1/15/2008 at 11:39 AM, in message <478C9A4C.4B6B.00B5.0@ci.coppell.tx.us>, Marcie Diamond
wrote:
attached are:
Letter with attachments dated 1/14/08 from Mr. Hawkins, with attachments - it appears that they
are still requesting conditional approval and NOT a continuance w/ the waiver of the 30
day provision.
Letter to Greg Jones, Building Official stating that he is unreasonably
withholding the issuance of a building permit to build the screening wall along Bethel Road and
Denton Tap, based on the approval of the PD Ordinance for this property, however Ordinance No.
91500-A-466 also states the following:
PD-220R-SF-12 (Planned Development-220 Revised-Single Family-12) is hereby approved subject to the following special conditions:
A.A tree removal permit shall be required prior to the removal of any and the issuance of a grading permit.
B.Submission of Homeowner's Association documents assuring perpetual maintenance of all common areas in accordance
with the Subdivision Regulations in the Code of Ordinances.
Submission of a color board indicating the name of the project and a sampling of all proposed materials in the
C.
appropriate color and labeled accordingly, shall be required with the submission of a Final Plat.
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\478CC710City_...2/19/2010
Page 2 of 2
D.Park impact fees will be assessed at $1,285 per lot.
We are still awaiting fulfillment of Condition C - this was brought to Mr. Hawkins attention at the DRC
meeting, so he submitted a 24 x 36 color picture of the proposed walls, which is not generally acceptable
as a color board.
Also Building Permits, per ordinance, are not issued until a final plat is filed - David Dodd, we may need
some guidance in this.
Marcie Diamond, AICP
Assistant Director of Planning
City of Coppell
972-304-3676
www.ci.coppell.tx.us
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\478CC710City_...2/19/2010
.Jan 15 08 02:32a
John L. Hawk i ns
817-329-1792
p. 1
CYft,
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CCRPCRA,ION Cd//I'l t
Master Punmed Living
Messrs.: Gary Sieb & Marcie Diamond
City of Coppell Planning Dept.
255 Parkway Blvd.
Coppell, Texas 75019
January 14,2008
Revised
Re: Alexander Court
Final Plat Approval
Transmittal
Dear Messrs.,
Tbis REVISED letter is in addition to my 12/3lf07 comments to Ms. Diamond and with
the understanding that the Planning Dept. is recommending that my Final Plat be denied
for the recording process. After consulting with my attorney, I believe a conditional
approval is more reasonable and the undersigned herein respectfully requests that
you reconsider your recommendation for an approval, subject to the following:
A) The 100 year floodplain line is accepted as shown and if the LOMR
comes back from FEMA, in a different location, Mira Mar Dev. Corp.
accepts full financial responsibility for same and the Final Plat is refiled,
as required, to reflect the revised flood line location.
B) The City Council could adopt the previously recorded documents, to be
incorporated into their 20' sewer easement abandonment, which is currently
under way. The plat can be revised to include the newly recorded docwnent.
C) Today, 01/14, I contacted Karen Helms, legal assistant to David Brusilow.
Esquire, attorney for Philip Berkebile. Ms. Helms acknowledges that I have
vacated any claim to property in the Anderson Survey, which lies between
the East line of said survey and the centerline of Grapevine Creek. Ms. Helms
further acknowledged that by so doing, Mr. Berkebile should no longer have
any claim against Mira Mar for an encroachment on any property which
be could have an ownership interest. My surveyor was notified of the
change, which reconfigures the boundary description for the flnal plat to
18.425 acres and reduces the area of)ot 11 to 54,377 Sq. Ft..
Please take note of these corrections when evaluating my final plat approval this
Thursday 01117 and accept this REVISED letter as my formal transmittal and request
that my attached Final Plat be recommended by planning for conditional approval,
the sole exception being that construction permits for lots 11-22, Inclusive cannot
be issued until the LO:MR has been received from FEMA, per Ken Griffin's
letter of October 1, 2007 and my letter of August 17,2007.
Attachment:
cc: Walter W. Leonard, Esquire
Attorney at Law
Yours Very Truly,
John L.Hawkins, Pres.
6003 SlInderlrmd Drive · CO{[fJyville. Texas 76034
Tel. (81-:') 996-6698 . Fax (817) 329.1792
Jan 15 08 02:32a
John L. Hawk i ns
817-329-1792
p.2
THE.CtTY.OF
COPPELL
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FLOODPLAIN DEVELOPMENT PERMIT
PERMIT NO.O/IVOI Nl:1
NAMEOFPERMlTEE lIi.\~ M~r- b,.v-el"fn.c!"""+~p J J~V\ L.\~",w,,-;...qJ ?~,,>:JeV',:t:
The above named permitee applied for a FLOODPLAIN DEVELOPMENT PERMIT on A'~\I1cYel"" Coort
The application has heen reviewcd by the FLOODPLAIN ADMINSTRATOR and it has been determined that the proposed
d.:velopmem is located within an identifiable floodplain OfG c..
_ ~ge..~:...-e. ~..p~t
The FLOODPLA1N ADMINISTRATOR has reviewed plans and specificatlOns of the proposed development for
conformance with the developmcnt standards required by Floodplain Management Ordinance #2001-952. You are hereby
authorized to procee~ with the fOllo.wing desclibe~ work: . ,('l
c.,- 11 I V'\ tt,.,~ C- \ 0 0 cl f' 1011 \1\ A- ~ <;. t.,OI.() II\. \ "" -t \... ~ lL.e,-, l~"t? 4 g~f'ev;",..e
c.Q~-et LOH'R ....f'pl:~t...... ~vb.....,: UcclT<l F'E~A c"", c,/Zb!O-, .....~;d-r
tuG'l ~ P a..'t.~_I'-~c:e by V\.A-+\-.c.V'\ b. MAier-' CcV\<S"I-l.\....~ ~""'S'M'PeQc;~l'~c_
To maintain complianct: with the devt:lopmem standards of Floodplain Management Ordinance #2001-952 and to eliminate
or minimize flood damage pOlential 10 the proposed development, you are hereby directed (0 construct your proposed
development in accordance with the following special provisions:
(v Compliance with the development statldards of Floodplain Management Ordinance 112001-952 including but nOl
limited to:
For residential structures, L'1C lowest floor (including basement) muse be cl:::vated to two (2) feet above the 100-
year base Hood elevation or one (1) foot above ultimate condilion whichever is higher. Certification of the
lowest floor must bc submitted from a registered professional engineer. architect, or land surveyor.
For non-residential structures, the lowest fioor (including basemem) muse De elevated or flood-proofed to two
(2) feet above the I aO-year base tlood elevalion or one (I) foot above ultimate condition whichever is higher.
Certification that !he flood-proofmg methods ilre adequate to withstand the flood depths. pressure. velocities.
impact and uplin forces and other faciOrs associated with !he base flood must be submitted from a registered
professional engineer OJ architect.
For fill aClivities, the permittee must submit certification from a registered professional engineer or land
surveyor that the level 0: the compacted rill materials is at or above lhe elevalion of the Base Flood.
(v(' CenifteC copy of all final plans or As-Built Drawings must be submitted to the FLOODPLAIN
ADMINISTRA TOR.
(~
OTHER PROVISIONS: V1 0
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Printed Name
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Date
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Jan 15 08 02:32a
John L. Hawk i ns
817-329-1792
p.3
THE,CiTY.OF"
COPPELL
October 1,2007
John L. Hawkins, President
Mira Mar Development Corp
6003 Sunderland Drive
Colleyville TX 76034
RE: Alexander Court
Dear Mr. Hawkins:
This lener is written as a follow-up to the August 28, 2007 City Council meeting where a
variance to Floodplain Management Ordinance #2001-952 Article 4 Section B Item 11(!l) was
granted by City Council with the following stipulations:
I. Any changes requested by FEMA during their review of the flood study submitted for
Alexander Court must be complied with prior to the acceptance of the subdivision
improvements by the City;
>2. No building permits will be issued on Lots 11-22, Block A until the flood study has been
approved by FEMA;
3. Any costs incurred by Mira Mar Development Corporation to comply with any requested
changes to the flood study by FEMA will be the sole financial responsibility of Mira Mar
Development Corporation; and
4. The variance implementation is contingent on verification from FEMA by the City
Engineer that all necessary information has been received to complete their review.
This letter is wTitten as a follow-up to the above stipulation #4. On September 24, 2007 a copy
of a revised flood study was submitted to the city offices. Included with that study was a letter
dated September 2151 to Mr. Syed Qayurn of Michael Baker, Jr., Inc. The firm of Michael Baker,
Jr., inc. is a contract reviewer for FEMA on flood study submittals for this region. 1 began
checking FEMA's website on September 2SIh to determine if they had received the requested
information. When FEMA's website still did not show receipt of infonnation by September 2gth
1 began calling to detenuine if they had the study, but had not updated the information online. At
approximately] 0:30 a.m. 1 left a yoicemail message for Shobhana Shrestha, who is listed as the
contact person on the last letter from FEMA. When I had not received a call back within 30
minutes, I then contacted the FEMA Map Assistance Center to inquire about the status of any
submittals for Case # 07-06-2203P which is the Alexander Court submittal.
The Map Assistance Center did not have any indication that a study had been submitted, but they
did transfer me to Rabeyera (no last name given) who was the actual review for Michael Baker,
Jr., Inc. After I explained the situation, I was placed on hold and then Ms. Rabeyera carne back
and told me she did not find any submittals for the referenced project. Shortly thereafter, I
contacted Michael Boyd \v-ith Nathan D. Maier Consulting Engineers to determine if they had
~~~ ~,...~kw...v * ".O./JDX 9~re * COPFELC TX 75019 * TE:.. 972'462 0022 * "AX 972/304 3673
Jan 15 08 02:33a
John L. Hawk i ns
817-329-1792
p.4
actually submitted the study, or were they waiting for additional comments from the city prior to
submitting the study. Mr. Boyd infornled me that they had submitted the study on September
24th and they had information from Fed-Ex that the study had been received on September 26,
2007. On October 1, 2007 I went to the Fed-Ex website and input the tracking number to
determine the exact location of the submittal. The detailed tracking information shows a
package was delivered to Alexandria, Virginia at 9:00 a.m. September 26, 2007 to the Shipping
and Receiving Department. Alexandria, Virginia is the location of Michael Baker, Jr., Inc. the
contract reviewer for flood study submittals. I again checked FEMA's website on October 1 to
see if the site had been updated. To date the site has not bcen updated.
The hard copy of the study in my possession does contain the three items that FEMA requested
in their August 15,2007 letter to Michael Boyd of Nathan D. Maier Consulting Engineers, Inc. I
called PEMA On again on October 1 and while the study is still not in their system, I was
informed it typically takes 3-5 days after receipt to get into the system for review.
Because I do have confirmation from Fed-Ex: that a package was delivered to Michael Baker on
September 26,2007 I will proceed with the implementation of the variance request as directed by
City Council on August 28, 2007. The specific variance request was to allow my office to issue
a Floodplain Development Permit prior to final review and approval of the Conditional Letter of
Map Revision by FEMA. Included with this Jetter is a Floodplain Development Permit. Once it
has been signed, please resubmit it to my office for my signature. Once I have received the
signed document back from you, you will be released to begin dirt work within the floodplain of
Grapevine Creek on the Alexander Court Subdivision as shown in your approved construction
plans.
If you have any questions, or ueed any additional information or clarification, please feel free to
contact me at your convenience.
Sincerely,
'X~ rf ~
Kenneth M. Griffin, P.E.
Director of Engineering & Public 'Narks
Office Phone: (972) 304-3686
Fax: (972) 304-7041
CC: Jim Witt, City Manager
Clay Phillips, Deputy City Manager
David Dodd, City Attorney
Tim Bennett, P.E.
203 N Jackson St
PO Box 2077
Wylie TX 75098
Jan 15 08 02:33a
John L. Hawk i ns
817-329-1792
p.5
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C'.JR"DRATION (d/f/t l
Master Planned Living
1v1r. Kenneth M. Griffin, P.E.
Director ofEngineeringlPublic Works
City of CoppeU
255 Parkway Blvd.
Coppell, Tx. 75019
August 17, 2007
Re: Alexander Court
FEMA Floodplain Requirements
Dear Sir,
Mira Mar Dev. Corp. understands and agrees that it will comply with the following
requirements in consideration of the City approving a variance to the Floodplain
Management Ordinance to allow the placement of fill within the current designated
floodplain on Alexander Court prior to approval of the floodplain study by FEMA:
1) Any changes requested by FEMA during their review of the flood study
submitted for Alexander Court must be complied with prior to the acceptance
of the subdivision improvements by the City.
2) No building pennits will be issued on Lots 11-22, Block A 'until the flood study
has been approved by FEMA.
3) Any costs incurred by Mira Mar Dev. Corp. to comply 'With any requested
changes to the flood study by FEMA will be the sole financial responsibility
of Mira Mar Dev. Corp.
Agreed to and Accepted by:
John L. Hawkins, Pres.
6003 Sunderland Drive' Colle yuille, Texas 76034
T"l 11<1'1) QQ(,.(,hQR . Flh.'/R11) -t]Q.17Q2
Jan 15 08 04:04a
John L. Hawkins
817-329-1792
p. 1
cd6'
O~6.0'_ · ~ /./ aJl
COR~RATKJN Cd/Fll
Master Plamted living
Mr. Greg Jones
Chief Bldg. Official
City of Coppell Fire Depl.
Off. 972-304-3506 Fax 3514
January 14, 2008
Re: Alexander Court
ScreenVVwlConst.PemMl
Dear Sir,
I was notified today by TRW, who is our screen wall contractor, that you hav~ denied
our request for a permit to construct the perimeter screen wall for Alexander Court.
As the property owner, it is my understanding that Mira Mar Dev. Corp. was granted
the necessary authority to build the subject screen wall, according to the provisions
set forth within the text of City ordinance No. 91500-A-466, which so states on
Page 2, Section 3 that the "Detail Site Plan, Landscape Plan and Elevations of the
Screening Wall. ..are hereby approved..." (by City Council).
I believe this document grants sufficient authority to build the screen wall, since
TR W has submitted the proper engineering specifications. Per this ordinance, there
is no requirement that the final plat must be recorded, as a prerequisite to beginning
wall construction. Please grant a permit to build the subject wall, as soon as possible,
or absent any other written justification, the undersigned will consider your actions
unwarranted and your denial, of approval for our request of a permit, to be unreasonably
withheld and your only reason for denying same would be to further delay our progress.
If you choose to continue the denial of our permit, please do so in writing. Thank You...
cc: Walter W. Leonard, Esquire
Attorney at Law
Fax 817-335-0932
Yours Very Truly,
John L. Hawkins, Pres.
Joe London
TRW, LP
Fax 817-416-4889
~
6003 Sunderland Drive . ColleyvilJe, Texas 76034
Tel. (817) 996-6698 · FlU' (817) 329-1792