Alexander Ct-CS070104 (2)
CITY OF COPPEll
PLANNING DEPARTMENT
STAFF REPORT
Alexander Court, Lots 1-29, Block A, Final Plat
P8.Z HEARING DATE:
C.C. HEARING DATE:
January 17,2008
February 1 2, 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:
PO-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 Tap
Road for non-residential uses. At that time the property owners
ITEM # 10
PAGE 1 015
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 8. ZONING:
North - SF-12 (Single Family-1 2)
South -PD-108-SF-9 [Planned Development-108-Single Family-9), and
PD-108-LI (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. Bosed 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.
ITE,'v\ # 10
PAGE2015
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 tr,at 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 Dallas County, then it would be considered an official
abandonment of the easement.
There is currently a note on the r-Jlat 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 reoson
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 resubmiHed 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-fiIed 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
PAGE 4 015
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 ore met, and then
this Final Plat may be re-submitted to Planning and Zoning
Commission for Approval:
The Final Plat being revised to reflect the 100-flood plain line os
shown per FIRM #48113CO 155J with an 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
eosement 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
PAGE5015
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Proiect ID
FP-07 -0091
Proiect Name
Alexander Court, Lots 1-29. Block A
Address 689 S Denton Tap Rd
Project Type Final Plat
Application Date 12/18/2007
Case Manager Marcie Diamond
Project Description to allow the subdivision 0129 Single-family lots and two common area lots on 185 acres of property. located at the
northwest corner 01 Bethel and Denton Tap Roads
1 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 Dee. 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 #48113CO 155J with an effective date of Aug, 23, 2001.
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City ufCc1ppell Plan:llng & lC'tling [)cpaI1mcnt
2s5 Parkway f)(ll11c\ard
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R E l-ir~ell PLIt dated Dcci.'n,l'L'r 20. 200'" SubITlItted for Alexander Coun located at the
II;lcrscctlon 0;' \\'e\1 [kthei R,)ad and Suuth Denton Tap Road, Block A, Lots 1-20.
Ld\\md A Crol,l SJr\C\, :\bstraLt ;: 301. &: J. W Anderson Survey, Abstract # ]~,
1.1\ S Ii 6 a c IC ~ 0 t ] a 11 d i 11 t h.. l i r, 0 t Cop pC! I. Dalla s COLI n t y. T c \ a s
Lkel! \h Dlallwllll
\\'c represent \II l'hiIP:\ lkrkebllc. Jr, \\110 IS the adJoining landowner to the west of
the ~Iho' c rcferl'ih:ed t:aLt t'1' 1~lf1d We ha\ c recel\'ed a copy of the abo\e described FInal Plat
that \\JS "tamped Reccl\ cd I': thc PLIr1I11ng Department on December 19, 2007 and have the
to 11 e1\\ 111." CO 111111 e nl s
\\'c La\e prn It'lhl) L1d\l~l'd j\.1lrarnar Development regarding our client's dispute
C'lilCeli1lnt' the bOUllJI1l" iiliC
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unt!JI\ IlllC dispute d:,J d,l not dt'ICC to !\IILlIllar plating a !,ol1lon of our cllcnt's property
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Messrs.: Gary Sicb & Marcie Diamond January 7, 2008
City of Coppell Planning Dept.
255 Parkway Blvd.
Coppelt. Texas 75019
Re: Alexander COUJ1
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 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 refiIed,
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" sew'er 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 vvithin 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 RLVISED letter as my fornwl transmittal and request that
my attached Final Plat be recommended by planning, without objection and
accepted for app."oval and subsequent recording of same.
Attachment:
cc: Walter W. Leonard. Esquire
Attomey at Law
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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 Northeast 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
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OLYMPIA LANE STREET CAPACITY
Street capacity for 28' b-b concrete street on 0.6% slope with water surface at the top of
the curb:
n= .014
A = 5.19 SF
Wp=28.5 feet
R= 0.18
S = .006
Using Scobey chart : V = 2.3 fps
Street capacity Q =VA
= (2.3) (5.19) = 11.9 cfs
Street capacity with the water surface 0.1' above the top of curb; water encroaches 5 feet
into the parkway:
n= .015
A= 8.49 SF
Wp= 38.5 feet
R= 0.22
S = .006
Chart gives V =2.7 fps
Street capacity Q= (2.7)(8.49)=22.9 cfs