Lake Park/FP-CS 930527NICHOLS, JACKSON, KIRK & DILLARD, L.L.P.
Att~rney~ & Counselors at Law
1800 lincoln Plaza
Dallas, Te~s 752O1
(214) 954~3~2
Faesirnile (214) 954-$384
May 27, 1993
RO~£111T t. DIL~.AI~O, JR.
OF COUNt. Ir L
Via Facsimile No. 991-7500
Mr. Glen A. Hinckley, President
Univest Properties, Inc.
12201 Merit Dr., Ste 170
Dallas, Texas 75251
RE: Perl~ of Coppell Joint Venture II
Dear Mr. Hinckley:
This will acknowledge receipt of your letter dated May 12, 1993, enclosing the
Contract of Sale dated December 30, 1982, and the Amendment to Contract of Sale
dated January 27, 1987, between the City of Coppell and the Parks of Coppell Joint
Venture II. Pursuant to your request, the undersigned reviewed the tendered documents
concerning the Lake Park Aclclltlon.
You advise it is your intention to sell or oonvey certain unplatted property abutting
Denton Creek to the owners of the platted lots in the Lake Park Addition. As we
previously stated, since the subject property does not front on a public street or alley, it
may not be subdivided into separate lots. Moreover, the sale or conveyance of a portion
of the subject property without platting the property in accordance with Chapter 212 of
the Local Government Code may constitute an illegal subdivision of land.
In the absence of an amended plat of the concerned lots to include ~ unplatted
property abutting Denton Creek, building permits will not be issued for the m~.~tnJ~Jon
of fences or any other improvements since such ~res would not be located on a lot
which is part of a plat of record. The problem can be resolved by an amended plat of
the entire subdM~on or an amended ~at of each concerned lot to include the unplatted
property in accordance ~ ~ter 212 of the Local C~vemment Code.
We understand that you contend that bY virtue of the et=ove're~'K~ecl agreen~nts
that the Parks of Coppell Joint Venture II and/or its successom are not bound by the
fence regulations in Article 9-2 of the Code of Ord'w~nce8 end therefore building permits
~}~-~;--~3 8~.4SAM F~OM NiGHOLS ~AGkSON KiRK 70 Ci?¥ OF CO?~ELL ?0~3/6G4
Mr. Glen A. Hinctdey
Page 2
Although the City E~reecl in Artiole X of the origir~J Agreement not to sdopt or ~nend
ordinance which would effect the right to develop the property in acoord~ce with the
Zoning Plan (Ordinance No. 204-A-16), the Comprehensive Zoning Ordinance (Ordinance
No. 204), and the Subdivision Ordinance (Ordinance No. 185), the City did not and could
not agree to waive the requirements of state law regarding the subdivision of land found
in Chapter 212 of the Local Government Code and the predecessor statutes. The issue
is not whether the Parks of Coppell Joint Venture II or the subsequent owners are
grandfathered because the agreements predate the effeclNe date of the fence ordinance
~ rather whether the City will recognize an illegal subdivision of land and issue building
permits for improvements on the same.
The state law requirements for the subdivision of tend found in Chapter 212 of the
Local Government Code and its precursor statutes predate the subject agreement.
Moreover, Ordinance No. 185 (Subdivision Ordinance) and Ordinance No. 204
(Comprehensive Zoning Ordinance) contained Nmi[ar regulatory provisions requiring
platted lots to front on a street anti prohibiting the issuance of a building permits for
slxucture~ not located on a platted lot. Thus, the ordinances which you contend govern
the development of your property and the state law requirements for the subdivision of
land prohibit the issuance of builcr,~g permits for the construction of fences or other
improvemerfm on the subject unplatted property.
While we are sure this is not the response that you desire, the Comprehensive
Zoning Ordinance, the SubdNtsion Regulations and the state law requirements for the
subdivision of land preclude the Issuance of bu~lcling permits for improvements on any
portion of the subject unplalted property until ~e same ts platted in accordance with
~ 212 of the Local Government Code. We will be happy to review any further
information you may wish us to oonslc~r In this matter inoluding any legal opinion to the
amended plat prior to the issuance of a fence permit or a building p~,nit. Furthermore,
Mr, Gten A. Hincidey
May 27, 198~
Page 3
Thank you for your attention to this matter.
regard, please do not hesitate to contact me. ..
If you have any qc,~,'--stions in this
Very truly yours,
NICHOLS, JACKSON, KIRK & DIM.ARO, L.I-P.
Pc~/mdm
Ga~y 8ieb (V'~ Facsimile)
Di~ of Planning
P.O. Box 478
Coppell, Texas 75019
Frank Tranclo O/ia Facslrrdle)
P.O. Box 478
coppe,, Texas 7501s