Lake Park/Re-CS 930527NICHOLS, JACKSON, KIRK & DILLARD, L.L.P.
At[erneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Te.x~ 75201
(214) 954-33~
Facsimile (214) 954-3334
JOHN ~' f'~OEHM Itl
CHRISTINA A. MELTON
F/I~I~£RT L. DILLARD, JR.
H LOU'5 NICHOLS
OF COL IN~EL
May 27, 1993
Via Facsimile No. 991-7500
Mr. Glen A. Hinckley, President
Univest Properties, Inc.
12201 Merit Dr., Ste 170
Dallas, Texas 75251
RE: Parks 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 I1. Pursuant to your request, the undersigned reviewed the tendered documents
concerning the Lake Park Addition.
You advise it is your intention to sell or convey 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 the unplatted
property abutting Denton Creek, building permits will not be issued for the construction
of fences or any other improvements since such structures 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 subdivision or an amended plat of each concerned lot to include the unplatted
property in accordance with Chapter 212 of the Local Government Code.
we understand that you contend that by virtue of the above-referenced agreements
that the Parks of Coppell Joint Venture II and/or its successors are not bound by the
fence regulations in Article 9-2 of the Code of Ordinances and therefore building permits
should be issued for the construction of improvements on the unplatted property.
Mr. Glen A. Hinckley
May 27, 1993
Page 2
Although the City agreed in Article X of the original Agreement not to adopt or amend any
ordinance which would effect the right to develop the property in accordance with the
Zoning Plan (Ordinance No. 204-A-t6), the Comprehensive Zoning Ordinance (Ordinance
No. 204), and the Subdivision Ordlnance (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 effective date of the fence ordinance
but 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 land 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 similar regulatory provisions requiring
platted lots to front on a street and prohibiting the issuance of a building permits for
structures not located on a platted lot. Thus, the ordinances which you contend govern
the development of your property and the state taw requirements for the subdivision of
land prohibit the issuance of building permits for the construction of fences or other
improvements on the subject unplatted property.
While we are sure this is not the response that you desire, the Comprehensive
Zoning Ordinance, the SubdNision Regulations and the state law requirements for the
subdivision of land preclude the issuance of building permits for improvements on any
portion of the subject unplatted property until the same is platted in accordance with
Chapter 212 of the Local Government Code. We will be happy to review any further
information you may wish us to consider in this matter including any legal opinion to the
Finally, if necessary, we are prepared to contact the lot owners in the Lake Park
Addition to clarify any misunderstanding that exists regarding the sale and/or the
subdivision of the subject property without platting and the necessity of a replat or
amended plat prior to the issuance of a fence permit or a building permit. Furthermore,
until the City receives written notice of breach of any term of the Agreements, or further
information from you, we will assume that this matter is closed.
AGI~0410~
Mr. Glen A. Hinckley
May 27, 1993
Page 3
Thank you for your attention to thls matter. If you have any questions in this
regard, pSease do not hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD, L.L.P.
Peter G. Smith
PGS/mdm
Gary Sieb (Via Facsimile)
Director of Planning
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Frank Tranclo (Via Facsimile)
Acting City Manager
City of Coppell
P.O. Box 478
Coppell, Texas 75019