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Alexander Ct-CS080117 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Alexander Court, Lots 1-29, Block A, Final Plat P&Z HEARING DATE: C.C. HEARING DATE: January 17,2008 February 12, 2008 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: NWC of Bethel and Denton Tap Roads SIZE OF AREA: 18.5 acres of property CURRENT ZONING: PD-220R-SF-12 (Planned Development-223-Revised-Single Family-12)) REQUEST: A Final Plat to allow a subdivision of 29 single-family lots and two common area lots. APPLICANT: Owner: Mr. John Hawkins Mira Mar Dev. Corp. 6003 Sunderland Drive Colleyville, TX 76034 (817) 996-6698 FAX: (817) 329-1792 Surveyor: Sempco Surveying, Inc. 3208 South Main Street Fort Worth, TX 76110 (817) 926-7876 FAX: (817) 926-7878 HISTORY: In 2003 staff initiated several rezonings and Comprehensive Land Use Plan amendments to provide consistency between the built environment, the Land Use Plan and the Zoning Map. With this tract in particular, staff initiated a Land Use Plan Amendment from Neighborhood Retail to Low Density Single Family and a rezoning from Commercial to Single Family-12 on approximately 14 acres, leaving the remaining four acres of frontage along Denton Top Road for non-residential uses. At that time the property owners ITEM #10 PAGElof5 opposed the rezoning, but did accept the amendment to the Land Use Plan. On February 13, 2007, Council approved a Planned Development district and a Preliminary Plat to allow for 26 single-family lots to be developed on this tract of land. Due to the number of outstanding conditions, an Ordinance was not brought forward for adoption. On June 12, 2007, Council approved an amendment to the Comprehensive Land Use Plan designating the eastern portion Residential, Low Density, and a revised Planned Development district and a Preliminary Plat to allowing 29 single-family lots to be developed on this tract of land. The increase in number of lots was due to the potential relocation of the flood plain line to the north. Council also approved granting the Planning and Zoning Commission authority to approve the final plat on this property. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150' right-of-way. SURROUNDING LAND USE & ZONING: North - SF-1 2 (Single Family-12) South -PD-1 08-SF-9 (Planned Development-108-Single Family-9), and PD-108-L1 (Planned Development-108-Light Industrial undeveloped property), PD-108-H (Planned Development- 1 08-Grapevine Springs Park) East - R (Retail- hair salon) West - SF-12 (Single Family-12) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as revised in June 2007, indicates the property as suitable for Residential, Low Density. DISCUSSION: As summarized in the history section, this property was initially approved for a 26 lot subdivision, then rezoned and preliminary platted for a 29 lot subdivision. The increase in number of lots was based on the anticipated relocation of the 100 year flood plain line to the north, increasing the useable area. Based on preliminary plat approval, grading and utility installation is underway. While final plat approval is generally ministerial if all preliminary plat conditions are met, there are still outstanding conditions with this Final Plat which need to be addressed prior to Planning and Zoning Commission's approval. In essence, there are three staff concerns: the flood plain location, a sanitary sewer easement and a boundary dispute. ITEM #10 PAGE2of5 FLOOD PLAIN The first issue is the location of the 100 year Flood Plain. The correct existing floodplain line must be shown on the final plat. The floodplain currently shown is a representation of where the floodplain might be realigned to once FEMA approves a flood study. The owner's engineer is in the process of obtaining necessary approvals from FEMA to allow the filling of a portion of the flood plain to permit the development of the lots north of the proposed Olympia Lane. A simplified summary of this process is as follows: 1. A study is submitted to the City of Coppell then forwarded for review to the city's consulting engineer who specializes in Hydrology. 2. Once this study is in compliance with the City and FEMA requirements it is forwarded to FEMA for review and approval. 3. Because this submittal to FEMA is based on existing conditions (Denton Tap Bridge constructed in the 1980's) the developer can bypass the conditional Letter of Map Revision (CLOMR) and request a Letter of Map Revision (LOMR) with this first submittal to FEMA. 4. If approved then FEMA Issues a Letter of Map Revision (LOMR). 5. THEN the new flood plain line can be LEGALLY shown on a plat which is filed for record. As of this writing, this project is stalled at step 3 with documents being submitted to FEMA. A letter was received from FEMA. dated December 20, 2007, which states that they have received "the minimum data required to perform a detailed technical review." It is anticipated that this process will be completed, however the timing is unknown. Until such time that the LOMR is issued, legally, the Final Plat for Alexander Court MUST show the EXISTING FEMA Flood Plain line, which is just north of Olympia Lane. To expedite the development of this project. staff has offered, to allow this plat to be divided into two phases. Phase 1, would contain Lots 1-8 and 23-29, the street rights-of-way and necessary easements to support this first phase of development. Once the flood plain line is legally relocated per FEMA [LOMR), and then the remaining 14 lots can be final platted. This scenario would allow the infrastructure to be accepted by the city, and building permits to be issued on approximately one-half of the lots. In a written response to DRC comments, the developer has rejected this offer. SANITARY SEWER EASEMENT In 1967 a 12-inch clay pipe sanitary sewer line was constructed and associated easement was established which traverses this property ITEM #10 PAGE 3 of 5 in an east-west direction within the existing flood plain. The use of the sewer line was discontinued in 1993/94 and therefore the easement could potentially be abandoned although the actual clay pipe will remain in the ground. Without consultation with the city, the applicant prepared an abandonment document and filed it with Dallas County. However, this abandonment is not valid because the entity who established this easement (the City of Coppell) must be a party to its abandonment. Therefore, the city is in the process of preparing an abandonment document to be placed on the Council agenda in the near future. Once Council approves the abandonment. then the appropriate documents will be filed for record with Dallm County, then it would be considered an official abandonment of the easement. There is currently a note on the plat in reference to the document filed by the property owner. This note needs to be revised to state that this existing 20-foot sanitary sewer easement "to be abandoned by separate instrument." As stated above, this 12-inch clay pipe will physically remain in the ground. Typically, abandoned easements are graphically shown on the plat to give proper notice to a potential buyer that something does, or did exist underground. In this particular case, this pipe will exist under the building pad area of 14 lots. The applicant has not agreed to graphically indicate the abandoned sewer line easement on this plat. This is another reason for denial. BOUNDARY LINE DISPUTE The final issue is an on-going dispute between this and the property owner to the west. The attached letter from David E. Brusilow, Esq. representing Philip Berkebile, Jr.. suggests a boundary line agreement to resolve this issue. We have been advised that until this dispute is settled between these two property owners, that portion of the property (Lot 11) can not be platted. As stated in the history section of this report, City Council has authorized the Planning Commission to be the final authority on this plat. On January 4, 2008 staff received a letter (which was revised and resubmitted on January 7th) from the applicant requesting that conditional approval be granted to this plat with the understanding that these outstanding conditions be cured at a later date, and the plat be re-filed at that time. As discussed in detail above, given the severity of these outstanding conditions, and the legality of granting approval of a final plat, even conditionally where the plat may inadvertently be filed for record, would not be advisable. Therefore it is recommended that this plat be DENIED, until such time that the flood plain, sewer easement abandonment as well as the boundary of the property be shown correctly. ITEM #10 PAGE40fS RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of the Final Plat for Alexander Court; until such time that all of the following conditions are met. and then this Final Plot may be re-submitted to Planning and Zoning Commission for Approval: The Final Plat being revised to reflect the 100-flood plain line as shown per FIRM #48113CO 155J with on effective date of Aug. 23, 2001, or once the LOMR is received from FEMA the flood plain line being established per that approval; correction of the sewer easement note and graphically indicating the location of this abandoned easement; and resolution of the boundary dispute. ALTERNATIVES: 1) Approval of the request 2) Denial of the request ATTACHMENTS: 1) Engineering Comments 2) David E. Brusilow, Esq. representing Philip Berkebile, Jr. 3) Letter from Applicant, dated January 7, 2008 4) Final Plat ( 2 sheets) ITEM #10 PAGE5of5 THE C I T Y o F --- THE.CITY o F COPPELL ~~~.' !P~~ ? . ~~, :.. . 0 c q x .; & \ ~ CITY OF COPPELL 2nd ORC REPORT COPPELL .~'_'. *~...,-..JoI. r " .'- 0 c q .t ..." c'i . \ ~ Proiect 10 FP-07-0091 Proiect Name Alexander Court, Lots 1-29, Block A Address 689 S Denton Tap Rd Proiect Type Final Plat Application Date 12/18/2007 Case Manager Marcie Diamond Proiect Description to allow the subdivision of 29 single-family lots and two common area lots on 18.5 acres of property, located at the northwest corner of Bethel and Denton Tap Roads of Aqency Engineering Comments 1. The sanitary sewer easement north of Olympia Lane should be shown on the plat. Previously the developer prepared his own abandonment documents and attached a 1992 letter from me and a 2006 email from me to the previous property owners, and then filed those with Dallas County. The sanitary sewer easement should be shown because our attorneys have advised us that Mr. Hawkins does not have the right to abandon City easements from property. Because it is a City easement, it can only be abandoned through City action. Once the City takes action on abandonment, the document could be filed with Dallas County and it would then be considered an official abandonment of the easement. Even after the easement is abandoned, the City typically requires that the old easement line with the abandonment information be shown on the plat. 2. The correct floodplain line should be shown on the final plat. The floodplain currently shown is a representation of where the floodplain might be realigned to once FEMA approves a flood study submitted to them. Our records indicate that FEMA received all necessary information on Dec. 20, 2007. Until such time as FEMA officially issues a LOMR that relocates the floodplain, the only legal floodplain that can be shown on the final plat is the existing floodplain as shown on the FIRM #48113C0155J with an effective date of Aug. 23, 2001. Alto1 :~'''':'v 8L C()Ul~;';Cj(): hru~j;()\.\"~:L\'gbL.l\~ rllli ~\)ln GI~SBERG 14755 Preston ROJJ, Su,:e 6iJO Dc'] TX ;52"-1 Phllnc ');2 7Sil I (,Oil Fax 9n 7U2 0662 Ila,id E. Brllsilow WRIGHT BRUSILOW :l Il, ute'\' GilO! December 26. 2007 \'ja Federal Exprl''is r\1s I\-larcle Diamond AssIstant Dnector CIty ufCoppell PlannIng & Zonlllg Department 255 Parkway Boulevard Coppell, Texas 7501 t) RE Final Plat dated Decemher 20, 200' SubmItted for Alexander COUl1 located at the Intersection of West Bethel ROild and South Denton Tap Road, Block A, Lots] -29, Edward .\ Crow SUf\ey, Abstract 4 301, & J. W. Anderson Survey. Abstract # 18, ] 8SU6 acres of land III the ell] of Coppell. Dalbs County. Texas DeJr I\-Is Diamond \Ve represent 1\1r Philip ..\ Berkebile. Jr, \\ho IS the adjOIning landowner to the west of the ~1bo\ (' referenced tr~l,-.t of lami. \V c have received a copy of the above deSCribed Flllal Plat that was stamped ReCt.'I\cd by the Planning Department on December] 9, 2007 and have the follOWing COllllllents We ha\e pre\lollslv JJvlsed Mlramar Developmcnt regarding our clIent's dIspute concernli1g the bound~lr" IIl'ie \\' c hJve suggc'ilcd that 3 boundary line agreement wIll be needed to resolvc the boumlJry lllle dispute and do not agree to l'v11ralllar plating a portion of our client's property. ..\ttachcd as Exhibit "X', I.S a dra\\ll1g ofthc abO\c lkscrlbcd area In dispute f<ECEIVED ~ i. ~ . : I ~ :; '-..,(:(<15 02 Cl~:~ Pid"':ll:l;; Ur ,\I~'\ Cl (n~\ f'tdl \ 1 dc"~' P:],:~e I 012 !lLArJfJlNG DEPARH1EI\Jl I hope yuu arc h:lvlt1g a greJt hc-liday season so far. We look forward tl) your reply Sincerely, Wright Ginsberg Brusilow P.c. r / I, i ,.' /LI ?/!:' David E. BrusllO\v, Esq. DEIJkh Enclosure Exhl bit "X' cc :\11. Garv L Sleb. DIrector \\enclosure M r f\.1att Steer, City Planner w enclosure (,f){)>: llJ C'jl> PI.I!l'~li\~: L'J.:\it:~, C': r:n;.d p~,H dn...: P~ige 2 or ~ Via U.S. Mail Via U.S. Mail l'~ ,.....1"1 HH I .. ,c\." Property in Dispute --z- / / / / / / / - /' >- w I > I Q: , I <v ::::::J ~ ~ (jj ~ ,~ ...,. 50 Z "\ .c::5 0 co ^)~ (/) .-- Q: I ~ w <t: 0 w Z c <1: - -.t- Nl{) Ol - 3 . ..- ,....-.t- <D~ -; 0 z 'C < ~ ~ -.l.J. ~ lD~ ~0' _ U)~ /' /' /' / / / I 12 I I 1492.71 11-' //..r ~~, . "<9. i 7~ -20' ~<9 S-2~ 7 I Ij,- .Fe' ~ .~~ 7<v ~ o~ ~~ l' 1 1 10' ELECTRICAL/ GAS EASEMEtJT / / ..J I crJ uJ LLJ 0 ---..Jill m w' o\:l~O . cr:Q.~ . W . 0 <(mvU N . Q.-)oq ::::J vcr: I<(Oc; Q_ z~ Z o. f-~ o > ~ 1493.71 gl \ , \ \ \ \ \ , r t,. \ I 10'> co I~ I ''\ \ , '\ \ \ 10 1495.6) ~~ . ~ '1-0' ,<j.... '1-......1 . ,,:;-' ~ 1- ~ " \ If) v " " I " / " " " " " " " " " " " " " " \ \ \ \ \ \ 9 0.725 AC. (SURVEYED) fv1 AR DEV. CORP. DOC. 200600465952 J,RDCo.,Tx. [496.7! / / 200.58' ~ 90.73' 102.91' 1/2" ,1'''''''',\ , , \~~_.- ' 4" ,# ,//~'> 1. ~, _~ 1/{ {J. ((//// '(-.... '~/ 't/ "r'''l'' ,'t:,,< _:',/ ",." / ct.:"" ..-(.,1 ff'I-. ..._.___ J'- if-', H{)I8~e{ PhllHH,d ; i:'h~~ Messrs,: Gary Sieb & Marcie Diamond City of Coppell Planning Dept 255 Parkway Blvd. Coppell, Texas 75019 January 7, 2008 Re: Alexander Court Final Plat Approval Transmittal Dear Messrs., This REVISED letter is in addition to my 12/31/07 comments to Ms. Diamond and with the understanding that the Planning Oept. 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 document C) Although I continue to dispute the assessment that I have some responsibility to resolve a boundary conflict claim by my neighbor, in a spirit of good will, I have contacted Mr. Brusilow and offered to exchange a tract of land, similar in size to the disputed sliver, which lies East of the Creek. Mr. Brusilow was given the attached memo, which points out the verbatim language within his clients deed, that specifically precludes his authority to any claim. Ownership to the 18.5 acres remains unchallenged by authority of the Preliminary plat.. This should clear up the objections raised, in our meeting yesterday and I see no further justification for denying approval of the recording of my final Plat. Please accept this REVISED letter as my formal transmittal and request that my attached Final Plat be recommended by planning, without objection and accepted for approval and subsequent recording of same. Attachment: cc: Walter W. Leonard, Esquire Attorney at Law Yours Very Truly, John L.Hawkins, Pres. {n(Ji~,i.; S;'.'!f';r!e: J"{lN.../ Dl'il'e . {'oll(i'r:-1lle. ri".,,'t-'L~' "-'~'-(~(!_'}-1 'i;~f. ~8l';3 (i' )'fI-()(~Yh' . }-'>cx (8 f:") . j','tr). f 7~}~~~ January 7,2008 To: David Brusilow, Esquire Re: Verbatim language from Berkebile 2.01 acre Deed at 2004024 06015-19 6017 " Reservations From and Exceptions to Conveyance and Warranty" " This conveyance is made subject to all matters on Exhibit "A". .. ... forming a part hereof' " ... subject to the reservations from and exceptions to conveyance.. ." 6019 " Encroachments along the Northea~t property line..." (vague reference?) " Any portion of the Property situated Southeast of the centerline of the creek situated near or along the East property line." (Clear Unequivocal Reference) John Hawkins ~ \\.l' I'\i'>t~ oJ!'" L\J r..: 0'-1\'3 e d (. f" 1.