Fairways/PP-AG 920908 -c..----... AGENDA REQUEST FORM
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."~ ~:- CI~ COUN~L ~.E~NG Septe~er 8, 1992 I~ ~~
ITEM CAPTION:
Consider approval of a preliminary ~lat of Fai~ays ~ Riverchase, located on the east side
of RivercMse Drive, 1850~ south of Sandy Lake Road, at the request of ~pson Interests,
SUBMITTED BY: ' ~ ~ STAFF R~.: Gary L. $ieb, Pllnning Director
" (LgL~ec~or S
Sig~,amre)
~ OTHER REPT:'
EVALUATION OF ITEM: DATE:
Date of Planning & Zoning Commission Heeting: August 20, 1992
Decision of Planning & Zoning Commission: Approved (5-0) with the following conditions:
1) Floodplain be noted on the plat,
2) a screening wall be built architecturally compatible with a screening
wall, if possible, identical to the one to be constructed west of
Riverchase Drive. This condition be noted in addition to the
landscaping and easement notation already appearing on the plat,
3) waiver of alley requirements on golf course lots,
4) a 10' utility easement be provided along fronts of lots without alleys,
5) preliminary street names need to be shown,
co.t.nued on next p,,ge CITY CGU, N .IL
Please see attached staff report for further details. DATE
BUDGET AMT. ./A AMT. ESTIMATF~)
AMT +/- BUDGET FINANCLAL REVIE~ BY
COMMENTS:
LEGAL REVIEW BY: REVIEWED BY CM: ~~
6) more detail on entry into this subdivision, particularly with regard to
the pseudo security elements needs to be provided,
7) golf ball easements provision of the master agreement needs to be
shown on the face of the plat,
8) the final plat have specific detailed landscaping entrance design,
9) the final plat include the detail for the fence along the golf course,
which is to be of a wrought iron look and consistent with design of
other fencing in place or approved,
10) access be a secured access whether it be a limited or full time
secured,
11) streets and the maintenance and responsibility of the streets within the
development be the responsibility of the homeowners association, if
private streets are allowed,
12) sufficient funds be provided in order to ensure that maintenance be
escrowed initially by the developer and contributed to and retained
on an annual basis by the homeowners association,
13) staff get an opinion from the City Attorney regarding this plat before
it goes forward to the City Council
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
FAIRWAYS ~_,,_RIVERCHASE z. PRELIMINARY PLAT
P & Z HEARING DATE: August 20, 1992
C. C. HEARING DATE: September 8, 1992
LOCATION: On the east side of Riverchase Drive, 1850' south of Sandy Lake
Road.
SIZE OF AREA: 33.742 Acres. containing 98 single-family lots.
REQUEST: Approval of a preliminary plat.
APPLICANT: Thompson Interests, Inc. Nathan Maier Engineers
(Owner) (Engineer)
Mr. William Thompson Mr. Mike Daniel
8333 Douglas Avenue 8800 N. Central Expressway
Suite #1510 Suite #300 n
Dallas, TX 75225 Dallas, TX 75225
214-369-5200 214-739-4741
HISTORY: This property was rezoned from SF-0 to SF-9 in January of 1991.
TRANSPORTATION:
Riverchase Drive is currently under construction as a four-lane
undivided thoroughfare, and will serve as the primary access to this
project.
ITEM 8
SURROUNDING LAND USE & ZONING:
North - golf course & vacant residential; SF-12 (SUP) & SF-7
South - golf course; SF-12 (SUP)
East golf course; SF-12 (SUP)
West vacant single-family; PD-SF-9
COMPREHENSIVE PLAN:
The Comprehensive Plan shows single-family development and an
elementary school site.
ANALYSIS: This preliminary plat is the result of a down-zone from SF-0 to SF-9
approximately 18 months ago. Staff supports this request with the
following conditions:
1) Floodplain be noted on the plat
2) a screening wall identical to the one to be constructed west of
Riverchase Drive be noted in addition to the landscaping and
easement notation already appearing on the plat
3) waiver of alley requirements on golf course lots
4) a 10' utility easement be provided along fronts of lots without
alleys
5) preliminary street names need to be shown
6) more detail on entry into this subdivision, particularly with
regard to the pseudo security elements needs to be provided
7) golf ball easements provision of the master agreement needs
to be shown on the face of the plat (see wording attached)
ALTERNATIVES: 1) Approve the preliminary plat 2) Deny the preliminary plat
3) Modify the preliminary plat
ATTACHMENTS: 1) Preliminary Plat
fairwys.stf
Golf Easement. For the benefit of Declarant, Club Owner and the Club
Property, Declarant hereby imposes the following covenants, conditions and restrictions
on all portions of the Property that are contiguous or adjacent to the Club Property:
(a) Golf will be played on the Club Property and there is a likelihood that golf
balls struck by players will enter upon portions of the Property adjacent or contiguous to
the Club Property. Declarant reserves an easement in the entire airspace above, and upon
such portions of the Property and Common Areas. The easement reserved is appurtenant
to the Club Property. The easement shall permit the flight of golf balls through the air
over the property and the entry of golf balls upon and/or across the Property and any
improvements constructed, or to be constructed, upon the Property, as an incident to the
reasonable use of the Club Property as a golf course. The easement shall not permit the
entry upon contiguous or adjacent portions of the Property by an individual, except
permitted entry onto Common Areas, for any purpose, including but not limited to the
retrieval of golf balls. Nothing herein contained shall be construed so as to limit the
construction of improvements on the Property, or any use or enjoyment of the Property.
(b) Neither Declarant nor Club Owner nor any invitee of Club Owner shall be
liable or responsible for claims, liabilities, losses, damages or costs arising out of personal
injury or property damage to any person or property caused by the permitted flight and
entry of golf balls, except the individual placing the golf ball in flight if undertaken with
a wanton or reckless disregard for the probability of serious injury or property damage.
golf ease
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II
TO: Alan D. Ratliff, City Manager
FROM~2ry L. Sieb, Director of Planning and Community
Services
d
SUBJECT: Private Streets, Preliminary Plat of Fairways at Riverchase
DATE: September 4, 1992
The issue of private streets, and their applicability to the City of Coppell, will come to
the attention of Council relative to a preliminary plat of Fairways at Riverchase on
Tuesday evening, September 8, 1992.
Because I was attending a seminar when this subdivision plat was heard by Planning
Commission, and the fact that the applicant altered his position at that hearing relative to
private streets--I had understood the request for same would not be requested at the
Commission meeting--staff did not properly address this issue at that hearing.
I would like to take some time here to present staff position regarding this important,
potentially, city-wide issue. As a planner, I cannot emphasize too strongly a position
which does not support private streets. In my career, I have never worked in a public
sector position nor lived in a community which supported this concept. Philosophically,
it goes without saying that cities are established to offer the free access to all its citizens
to all areas of the community. One of the major attractions of Coppell, and one element
which makes it unique in the metroplex is its "neighborliness", its friendly nature, indeed,
its wholesome community-wide spirit (exemplified by the numbers of citizens who
volunteer for public Boards and Commissions, the efforts of Kid Country, etc.). This is
a very fragile attribute of the city and must be nurtured and encouraged. The introduction
of a private area, not accessible to all is a return to--if you will permit a little poetic
license here--the secured communities of the middle and dark ages of centuries gone by.
In conversations with the Las Colinas developers--the model this development is quoted
as saying it will emulate--I was advised that one must take a very careful look at how a
homeowners association will maintain the streets, provide the security suggested here, and
deal with any other number of problems including drainage issues, emergency service
response, etc. In addition I was advised that it has taken a full 15 years for the Las
Colinas Association to reach the point where escrow has built up to the point where the
Las Colinas Corporation has not had to underwrite street maintenance, infrastructure
repair, and other responsibilities normally conducted by the City. I was also advised that
typical assessments to maintain the Las Colinas system range from .41 to .60 per $100
valuation. This is in a development of over 1700 units overall ranging in price from
$225,000 to well over $2,000,000 per unit. The proposal before the Council contains 98
lots and will range in price from the high $100's to the mid $300's. I just don't see how
the economics will work here.
Beyond these arguments, there are procedural difficulties with this request--it is a
violation of our existing subdivision ordinance; there is a valid question regarding the
efficiency and ability of public services to respond to emergencies in such an area; there
is a question of the bona fide need for this request, among others.
I cannot emphasize too strongly staff opposition to this request for private streets,
regardless of the applicant's agreement to provide break-away gates, and other
concessions. Coppell is not comprised of citizens who necessitate this type of
development; Coppell does not need the introduction of "exclusive" subdivisions and the
inherent discriminatory message this exclusivity conveys; the subdivision directly across
the street from this development approved less than a month ago saw no need for such
a gimmick; the approval of this request sets a dangerous precedent which will not serve
the best interests of all Coppell's citizens.
Finally, Coppell is developing as the type of city which deserves more from its
development partners than this very questionable development concept which, in effect,
turns its back on what living in this community is all about. Staff would recommend
approval of this plat only with the provision that public, dedicated streets without guard
gates, are a part of the preliminary plat.
pvtst
Boulevard and Denton Tap Road, at the request of Dan
Dowdey and Associates.
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council. Following discussion, Councilman
Weaver moved to deny the zoning request without prejudice. Mayor
Pro Tem Smothermon seconded the motion. The motion carried 5-2 with
Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Mayo and
Garrison voting in favor of the motion. Councilmen Morton and
Robertson voting against the motion. Following further discussion,
Councilman Weaver moved to reconsider the motion previously made.
Mayor Pro Tem Smothermon seconded the motion. The motion carried 7-
0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas,
Morton, Mayo, Robertson, and Garrison voting in favor of the
motion. Following further discussion, Councilman Weaver moved to
rehear this case on October 13, 1992. Mayor Pro Tem Smothermon
seconded the motion. Motion carried 7-0 with Mayor Pro Tem
Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson,
and Garrison voting in favor of the motion.
Item 14 Consider approval of a preliminary plat of Parks of
Coppell - Tract III, located at the southwest corner of
Parkway Boulevard and Denton Tap Road, at the request of
Dan Dowdey and Associates.
Councilman Weaver moved to deny Item 14 as presented. Mayor Pro Tem
Smothermon seconded the motion. The motion carried 7-0 with Mayor
Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo,
Robertson, and Garrison voting in favor of the motion.
Item 15 Consider approval of a preliminary plat of Chambers
Addition, located on the north side of Bethel Road,
approximately 1167' east of the centerline of Coppell
Road, at the request of Chambers and Shafer, Inc.
Gary Sieb, Director of Planning and Community Services, briefed the
Council that this preliminary plat was approved by the Planning and
Zoning Committee on August 20, 1992. Danny Chambers, the applicant,
also made a presentation. He is proposing a day care center at this
property. Councilman Thomas briefed the Council on the concerns of
the Historic Committee, consisting of traffic congestions and the
narrowness of the lot. Following discussion, Councilman Robertson
moved to approve the preliminary plat of the Chambers Addition with
the condition to move the structure further back to allow a larger
turn-around area at the drop-off area to eliminate any stacking up
of traffic. Following further discussion, Councilman Robertson
amended the motion to approve this Item with the building to be set
back at least 75 feet for a circular driveway and adequate parking.
Councilman Garrison seconded the motion. The motion carried 5-2
with Mayor Pro Tem Smothermon and Councilmen Weaver, Mayo,
Robertson, and Garrison voting in favor of the motion. Councilmen
Thomas and Morton voted against the motion.
Item 16 Consider approval of a preliminary plat of Fairways at
Riverchase, located on the east side of Riverchase Drive,
1850' south of Sandy Lake Road, at the request of
Thompson Interests, Inc.
Gary Sieb, Director of Planning and Community Services, made the
presentation to Council and stated these are private streets versus
public streets, and that the City is trying to get some sort of
cohesive hold along Riverchase Drive such as landscaping,
screening, and sidewalks. Melvin Gross, speaking as a Planning and
Zoning Commissioner, also made a presentation to the Council that
the streets will be public but will be maintained by the Homeowners
Association. A guard will be at the gate for security. The
applicant, Mike Daniel, of Nathan Meier Engineers, spoke to the
Council regarding three (3) variances: No alleys along the golf
course, the cul-de-sac in excess of 600 feet, and the streets to be
CM090892
Page 4 of 8
public but with controlled access. He indicated a guardhouse will
be unmanned. He also addressed comments made by Gary Sieb. The
gates would be open in the day, but closed at night. Another
applicant, Bill Thompson, with University Park, also addressed the
Council on this item. Nathan Meier responded to the Council's
questions and concerns regarding a private street with a public
access agreement for the streets. Following discussion, Councilman
Robertson moved to approve the preliminary plat of the Fairways at
Riverchase located at the east side of Riverchase Drive
approximately 1850' south of Sandy Lake Road with the thirteen (13)
conditions, and also that the face of the plat that it is clearly
stated that the City of Coppell and any other utility organization
will have twenty-four (24) hour access to the subdivision to
maintain the utility services. Mayor Pro Tem Smothermon added the
easement be submitted to City staff at least two (2) weeks prior to
Council hearing of the final plat so City staff and City Attorney
have time to review. It was also stated that the City should
approve the Homeowners Association agreement. Public access from
dawn to dark was also added. Councilman Robertson agreed to these
three (3) additions. Councilman Morton seconded the motion. The
motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen
Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the
motion. Councilman Weaver voting against the motion.
Item 17 Consideration of any action to be taken in connection
with the Don Jones litigation.
Councilman Morton moved to authorize the Mayor to execute a
proposed settlement agreement which has been executive by Mr. and
Mrs. Jones and that the settlement agreement does not involve any
payment of any City funds, and that a major portion of the
settlement is to be paid by other dependents with a nominal amount
being contributed by the City's insurance carrier. Mayor Pro Tem
Smothermon seconded the motion. The motion carried 7-0 with Mayor
Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo,
Robertson and Garrison voting in favor of the motion.
Item 18 Citizens Appearances
There were no citizens making an appearance before the Council.
Item 19 Mayor's Report
A. It was the consensus of the Council to grant a sign variance
to Wes Burch, owner of Coppell Hardware. This item will be on
the next consent agenda for formal approval.
B. Mayor Wolfe discussed the negative Letters to the Editor of
September 2, 1992. He stated that he met with a couple who
wrote one of the letters and found they had based their letter
on what they read in the newspaper, instead of investigating
the facts themselves. Mayor Wolfe believes that he and the
Council should take the offensive. During the City Council
Liaison Reports, Councilman Thomas expressed his appreciation
to the Mayor for his support on this matter.
C. Councilman Morton stated that he felt the City should put
together a committee regarding absentee landlords and draft a
"Neighborhood Integrity Ordinance", whereas when a home
becomes vacant and the water is turned off, before it can be
turned back on, there must be a code enforcement inspection
done to make sure these homes are meeting code. The committee
would include Councilman Morton, a staff person and a citizen.
D. Councilman Morton stated that NCTCOG does mapping for cities
and he recommended the city look into this. He received
Carrollton's map of NCTCOG which shows all of the burglaries
in a city. This mapping shows law officers patterns in order
to catch more offenders.
CM090892
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