Cpl Greens P2/FP-AG 990608 AGENDA REQUEST FORM
(~_.j 'rh~77~(~Z~rTiT~EZING: June 8,1999 ITEM #__~
ITEM CAPTION:
Consider approval of Coppell Greens, Phase Two, Final Plat, to allow the development of 102 residential lots
andNg~l~ommon areas on-29~ aCres of property located along the west side of Denton Tap Road,
approximately 275.80' north o~State Highway 121 Bypass.
APPROVED
CITY COUI., CIL
SUBMITTED BY: Gary L. Sieb
TITLE: Dixector of Planning and Community Services ~ ~.
STAFF COMMENTS:
Date of P&Z Meeting: May 20, 1999
Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry,
Halsey and Stewart voting in favor. Commissioner McCaffrey was absent.
Approval recommended subject to the following condition:
1) Sidewalks being provided at common areas.
Staff recommends approval of this request.
DIR. INITIALS: ~' FIN. REVIE CITY MANAGER REVIEW:
Agenda Request Form - Revised 2/99 Document Name: @copg2fp
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Coppell Greens, Phase Two, Final Plat
P & Z HEARING DATE: May 20, 1999
C.C. HEARING DATE: June 8, 1999
LOCATION: West side of Denton Tap Road, approximately 275.80' north of
S.H. 121 Bypass.
SIZE OF AREA: 29.62 acres of property to be developed with 102 residential lots.
CURRENT ZONING: PD-SF-7 (Planned Development, Single Family-7)
REQUEST: Final Plat approval.
APPLICANT: Coppell Green Ltd. Engineer: Dowdy/Anderson
Argus Dev. Co. 5225 Village Creek Dr.
6400 Uptown Blvd., N.E. Suite 200
//510 West Plano, TX. 75093
Albuquerque, NM. 87110 (972) 931-0694
(505) 889-3061 Fax: (972) 931-9538
Fax: (505) 837-1061
HISTORY: This property was preliminary platted in 1998, and phase one is
currently under construction.
TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided thoroughfare built to
standard.
SURROUNDING LAND USE & ZONING:
North-vacant; City of Lewisville
South - vacant; "HC" Highway Commercial
East - developing single-family; PD-134R (SF-7)
West - vacant; "LI" Light Industrial
Item//17
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
residential uses.
DISCUSSION: This is a proposal to approve the remaining section of Coppell Greens, a
single-family small-lot subdivision located at the City's northern city
limit line. The original PD showed a total of 226 lots being developed at
this location. When the Preliminary Plat (which included both Phase
One and Two) was approved, 217 lots were shown. However, when
combining this Phase Two plat with the approved Phase One
subdivision, a total of 223 lots are shown. Legal counsel has advised us
that since the original PD allowed 226 lots, and the overall total
including this Phase Two development is less than the original approval,
Commission and Council have the right to approve the submitted 102 lot
subdivision. That being the case, staff has no opposition to the density
as proposed. Several lots show a width of less than 50 feet. However,
at the building line, the majority have a 50-foot width, and comply with
the PD ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
The planning staff recommends approval of this 102-lot subdivision subject to:
-sidewalks being provided at common areas
ALTERNATIVES: 1) Recommend approval of the request
2) Recommend disapproval of the request
ATTACHMENTS: 1) Final Plat Document
2) Applicant letter of explanation dated April 20,1999
Item # 17
DOWDEY, ANDERSON AND ASSQCIATES, INC.
CIVIL ENGINEERS
5225 VILLAGE CREEK DRIVE SUITE 200
PLANO, TEXAS 75093
(972) 931-0694 FAX (972) 931-9538
April 20, 1999
Isabelle Moro ~-
City o£ Coppell Planning Department -:
255 Parkway Blvd.
Coppell, Texas 75019
RE: Coppell Greens Phase Two - Landscaping Issues
Dear Ms. Moro:
Common Area:
The developer will be grading, hydro mulching, and irrigating the Common Areas.
North Property Line:
There will not be a fence placed along this area since it is a wooded area.
East Lot Line of Lot 52/Block A:
There will not be a fence placed along this area since it is a wooded area.
Along State Hwy 121:
The homebuilders will construct a wood fence as they build homes.
If you should have any questions or need additional information, please do not hesitate to
call me. Thank you for your attention to this matter. '-~ ~
Sincerely, '.
-
of such covenants shall be binding on ali parties having any right, title or interest therein or any part
thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the
benefit of each Owner thereof.
A. The Declaration is amended to insert the following as a new Section 10 to Article X:
"Section 10. Rights of City of Coppell. The City and its lawful agents shall have the right and
ability, after due notice to the Association, to perform the responsibilities of the Association if the
Association with respect to Common Maintenance Areas fails to do so in compliance with any provisions
of this Declaration, the agreements, covenants, or By-Laws of the Association, or any applicable Cit7
codes, ordinances, or regulations, and assess the Association for all costs incurred by the City in
performing said responsibilities if the Association fails to do so. Nothing contained herein shall be
construed to limit or waive the City's ability to pursue enforcement actions available to the City pursuant
to state law or City codes, ordinances, or regulations, The Association shall indemnify and hold the City
harmless from any and all costs, expenses, suits, demands, liabilities or damages, including attorneys'
fees and costs of suit, incurred or resulting from the City's performance of the aforementioned
responsibilities of the Association due to the Association's failure to perform said responsibilities after
due notice."
B. With respect to the annexation of the Annexed Property to the Declaration, the following
definitions shall be applicable;
1. The term "Affected Lot" as used in the Declaration shall also mean each individual platted
building lot reflected on the Final Plat of Coppell Greens, Phase Two.
2. The term "Open Space" as used in the Declaration shall also mean the Common Areas
described on Exhibit "B" attached hereto.
3. The term "Open Space Lots" as used in the Declaration shall also mean those Affected
Lots that share a common property line with an Open Space and that are described in Exhibit "C"
attached hereto.
4. The term "Plat" as used in the Declaration shall also mean the Final Plat of Coppell
Greens, Phase Two recorded in Cabinet , Page , Plat Records of Collin County, Texas, and any
replat of or amendment to the foregoing made by Declarant in accordance with the Declaration.
5. Thc term "Zone A Lot" as used in the Declaration shall aisc mean the Affected Lots listed
in Exhibit "D" attached hereto.
6. The term "Zone B Lot" as used in the Declaration shall also mean the Affected Lots listed
m Exhibit "E" attached hereto.
No prospective Owner has applied for FHA or VA mortgage financing.
All of the capitalized terms used in this Declaration of Annexation, unless otherwise defined
herein, shall have the same meaning as assigned to such terms in the Declaration.
DECLARATION OF ANNEXATION - Pag~ 2
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5225 Village Creek Drive
Plane, Texas 75093
Phone: 972-931-0694
Fax: 972-931-9538
Fax ,,u. _
To: Isabelle Moro/City of Coppell From: Ann Skelton
Fax: 972.304.7092 Date~ July 7, 1999
Phone= 972.304.3677 Pages.' 3, plus cover
Re= Coppell Greens Phase Two CC-. File Job~: 96080
Per our conversation, I believe this is the corrected version of the HOA document for Coppel!
Greens. Once Bob has had a chance to review, please let me know if this is OK as is or if
additional revisions am needed.
If you have any questions, please call me.
Thank you,
Ann Skelton
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AFTER RECOR.DI~G ~ TO:
Coppell Greens, Ltd.
~400 Uptown Boulevard, N.E.
S~te 51~.W
Albuquerque, New Mexico 87110
DECLARATION OF AMEND~T TO THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR COPPELL GREENS, PHASE ONE
CITY OF COPPELL, DENTON COUNTY, TEXAS
DECLARATION OF ANNEXATION OF COPPELL GREENS, PHASE TWO
CITY OF COPPELL, DENTON COUNTY, TEXAS
THIS DECLARATION OF AMENDMENT AND ANNEXATION is made on the date
hereinafter set forth by Coppell Omens, Ltd., a Texas limited partnership.
WITNESSETH
WHEREAS, Coppell Greens, Ltd., is the Declarant under that certain Declaration of Covenants,
Conditions and Restrictions For Coppell Greens, Phase One, recorded in Volume , Page ~
of the Official Real Property Records of Denton County, To,xes (the "Declaration");
WHEREAS, the City of Coppell, Texas (the "City") has required that thc Declaration be
amended to provide the City with the right and ability to perform the responsibilities of the Association
(as defined in the Declaration) with respect to the Common Maintenance Areas (as defined in the
Declaration);
WHEREAS, pursuant to Article X, Section 2 of the Declaration, the Declarant may, at its sole
discretion and without consent being required of anyone, amend the Declaration to be in compliance with
any and all applicable laws, rules, and regulations;
WI-IER.EAS, pursuan~ to Article IX, Section 1 of the Declaration, the Declarant has the right,
at the Declarant's option, to annex additional property to the Declaration to be subject to the terms of the
Declaration to the same extent as if originally included therein;
WI-IEREAS, the Declarant is the owner of certain real property in the City of Coppell, Denton
County., Texas, which is described in Exhibit "A" attached hereto and made a part hereof (the "Annexed
Property"); and
WHEREAS, Declarant desires to annex the Annexed Property to the Declaration to be subject
to the terrtm of the Declaration to the same extent as if originally included therein.
NOW, TttEREFORE, the Declarant declares that the Declaration is amended as specified herein
and the Annexed Property shall be held, sold and conveyed subject to all of the restrictions, covenants
and conditions set forth in the Declaration to the same extent as if the Annexed Property was originally
included in the Declaration, all of which shall be deemed m be covenants running with the land and
imoosed on and intended to benefit and burden each Affecmd Lot and other portions of the Annexed
?:oper£~ in order to maintain within the Annexed Property a planned community of high standards. All
DECLA~C~,TION OF ANNEXATION - Peg,' [
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IN WITNESS WI-W. REOF, the Declarant has caused this instrument to be executed on its behalf
as of the ~ day of , 1999.
DECLARANT:
COPPELL GREENS, LTD.,
a Texas limited partnership
By: Argus Development Company of Texas, Inc.,
General Partner
By:
Name:.
Title:
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before rne on the ~ day of ,
1999, by . , of Argus Development
Company of Texas, Inc., General Partner of Coppell Greens, Ltd., a Texas limited partnership, on behalf
of said limited parmership.
Notary Public, State of Texas
DECLARATION OF ANIVEXATIO~ - Page '~
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