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CITY COUNCIL HEETING:
AGENDA REQUEST FORM
May 14, 1996
ITEM CAPTION:
Consideration and approval of MacArthur Plaza, Preliminary Plat, to
allow the development of commercial pad sites, located on the west
side of MacArthur Boulevard, adjacent to the TP&L transmission line.
DATE 416 v//e /
SUBMITTED B~ary L. Sieb ~
TITLE: Director of Planning and Comm. Services
STAFF COMMENTS:
Date of P&Z Meeting: April 18, 1996
Decision of Commission: Approved (6-0) with Co~issioners ~eeler,
McCaffrey, Cruse, Redford, Reyher and Stewart voting in favor. None
opposed.
INITIAL~
STAFF RECOMMENDATION Approval X Denial
EXPLANATION: The following conditions apply:
(1) Perpetual maintenance of this open space needs to be established;
(SEE ATTACHED PROPERTY COVENANTS)
(2) dimension the sidewalk and street easement adjacent to MacArthur
Boulevard on the Final Plat, and
(3) water, sewer & roadway impact fees will be required.
BUDGET AMT. $
AMT. EST.$
+/- BUD:$
FINANCIAL REVIEW~
Agenda Request Form - Revised 1/94
Pu~ 'gold,*~u'od' Imp~r in pth~r~
CITY MANAGER REVIEW:
Document Name vzmcavlz.vv
PROPERTY COVENANTS AND MUTUAL INGRESS,
EGRESS AND PARKING AGREEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
THIS PROPERTY COVENANTS AND MUTUAL INGRESS, EGRESS AND
PARKING AGREEMENT ("Agreement") is hereby made and emered into eff'ective as of
the __ day of , 1996, by DALLAS AREA AFFORDABLE PARTNERS IV,
L.P. CDAAP").
WITNESSETH:
WHEREAS, DAAP is the owner of all of that certain property in Dallas County,
Texas designated on Exhibit "A" attached hereto (the "Property"); and
WHEREAS, Mason Harrison Jarrard Enterprises PS ("Mason") has contracted
with DAAP to acquire the portion of the Property designated on Exhibit "B" attached
hereto (the "Sonic Site"); and
WHEREAS, Ronnie L. Wilson, Trustee ("Wilson") has contracted with DAAP to
acquire the portion of the Property designated on Exhibit "C" attached hereto (the
"SpeeDeLube Site"); and
WHEREAS, Zell Three, Inc. ("Zell") has contracted with DAAP to acquire the
portion of the Property designated on Exhibit "D" attached hereto (the "City Garage
Site"); and
WHEREAS, Sunbelt Self Storage, Inc. ("Sunbelt") has contracted with DAAP to
acquire the portion of the Property designated on Exhibit "E" attached hereto (the "Mini-
Warehouse Site"); and
WHEREAS, Mason, Wilson and Zell all desire to have mutual ingress and egress
to the various parcels comprising the Sonic, SpeeDeLube and City Garage Sites through
the curb cuts along MacArthur Boulevard; and
WHEREAS, DAAP, Mason, Wilson, Zell and Sunbelt all desire to develop their
properties with the same exterior brick finish to their buildings and to have commonly
designed signage, and DAAP desires to record this Agreement as a restrictive covenant
against the Property to provide therefore.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the premises, DAAP hereby
agrees, for the benefit of the Property and the future owners thereof, including but not
limited to Mason, Wilson, Zell and Sunbelt, to the extent only that each such party
actually acquires their respective Site from DAAP, as follows:
1. Mutual Ingress and Egress: The owners of the Sonic Site, the
SpeeDeLube Site and the City Garage Site shall each have a non-exclusive easement for
ingress and egress for vehicular and pedestrian traffic upon that portion of the Property
designated on the Site Plan attached hereto as Exhibit "F" for ingress and egress
driveways. Such easement includes the right to the uninterrupted use of such ingress and
egress driveways, free of charge, in common with the other owners of parcels of the
Property.
It is expressly agreed that such easement shall be for the mutual use and benefit of
the owners of the various parcels of the Property and each of their respective successors
and assigns, and the respective guests, customers, invitees, licensees, lessees, and
employees, or any of them.
2. Construction and Maintenance. Each owner of the Sonic Site, the
SpeeDeLube Site and the City Garage Site shall, at the time that it constructs its building
on its portion of the Property, construct the portion of the mutual ingress and egress
driveways shown on their respective Sites, unless same has previously been constructed by
DAAP or another owner of a portion of the Property, in which case upon acquiring its site
from DAAP such owner shall reimburse DAAP or such other owner for the cost of
constructing the portion of the mutual ingress and egress driveways on such owner's Site.
Upon the first of the parties hereto constructing its building on such Sites, DAAP shall
construct (or pay for the construction of) the portion of the fire lane/common access
easement indicated on Exhibit "F" to the extent that same is not on the Property of the
party so constructing its building, and such parties shall upon the acquisition of their Sites
from DAAP reimburse DAAP for the cost of constructing the portion of the fire
lane/common access easement on such party's Site; provided, however, that DAAP shall
pay for (and not be entitled to reimbursement for) the portion of the fire lane/common
access easement labeled as the "DAAP Portion" on Exhibit "F." Each owner of the Sonic
Site, the SpeeDeLube Site and the City Garage Site shall maintain and keep in good repair
its respective Sites and ingress and egress driveways shown on their respective Sites and
shall keep such areas clear and free of all rubbish and obstructions of every nature. In the
event of default by any such owner of such Sites under the terms of this paragraph, any
other owner of a portion of the Property shall notify such defaulting party in writing of the
necessity for repairs or maintenance hereunder. If the defaulting party shall not remedy
the default within a reasonable time, not to exceed thirty (30) days after receipt of notice,
the complaining party may have such repairs made and the defaulting party shall be
responsible for reimbursement of such costs incurred by the complaining party therefor
without further notice. If payment is not promptly made upon demand for payment, the
complaining party may seek whatever damages or relief is available at law or in equity,
other than a forfeiture of this easement.
3. Indemnity With respect to the mutual easements granted herein, the
various owners of the parcels of the Property hereby agree to indemnify and hold the other
harmless from and against any damages, claims, costs or expenses arising out of and in any
way relating to any action or inaction of the indemnifying party, or its agents, employees,
invitees, contractors or licensees over and across the parcels of the Property of other
owners of same.
4. Mutual Landscaping Plan. Each of the owners of the Sonic Site, the
SpeeDeLube Site and the City Garage Site shall plant the plants and trees described in the
landscaping plan attached hereto as Exhibit "G" in developing their Sites on the Property.
Each owner of a portion of the Property shall keep its grass neatly trimmed and maintain
and keep in good repair the landscaping on its respective portion of the Property,
replacing promptly any dead landscaping material with plants and trees of substantially
similar size, type and quality. In the event of default by any such owner of a portion of the
Property under the terms of this paragraph, any other owner of a portion of the Property
shall notify such defaulting party in writing of the necessity for maintenance of its
landscaping. If the defaulting party shall not remedy the default within a reasonable time,
not to exceed thirty (30) days after receipt of notice, the complaining party may have such
landscaping maintenance or replacement performed and the defaulting party shall be
responsible for reimbursement of such costs incurred by the complaining party therefor
without further notice. If payment is not promptly made upon demand for payment, the
complaining party may seek whatever damages or relief is available at law or in equity,
other than a forfeiture of this easement.
DAAP shall plant the plants and trees described as the Common Green Space Area in the
landscaping plan attached hereto as Exhibit "G". After the Common Green Space Area
has been so planted and Zell has acquired its site, DAAP will deed the Common Green
Space Area to Zell, and Zell shall thereafter maintain same. Each owner of the Sonic Site,
the SpeeDeLube Site and the City Garage Site shall reimburse the owner of the Common
Green Space Area (i.e., DAAP or Zell, as the case may be) for the cost of maintaining the
Common Green Space Area, which shall be paid for in equal parts by the owners of the
City Garage, SpeeDelube and Sonic sites. Any owner of an interest in the Property and
their successors in interest in and to any portion of the Property shall have the right to
enforce the maintenance of the Common Green Space Area, and if the Owner of the
Common Green Space Area does not maintain same, any other owner of an interest in and
to the Property may undertake the maintenance of same and seek reimbursement from the
other parties mentioned in this paragraph who are required to pay for the maintenance of
same.
5. Brick Facade. Each of the owners of the various parcels of the Property
shall use the following brick types and colors in developing their buildings on their Sites:
Predominant brick - US Brick Patriot Executive (Mineral Wells Plant)
Accent Brick - US Brick Hillstone (Ogden Plant)
The owners of the various parcels of the Property shall use the red brick identified above
as their primary exterior material, with accent banding of the white brick, in substantially
the same fashion as the Sonic restaurant rendering set forth on Exhibit "H" attached
hereto. Painted trim, door and awning colors shall be subject to the prior written approval
of DAAP, such approval not to be unreasonably withheld provided such colors are
consistent with and do not detract from the overall development of the Property. The
exterior design of the various buildings to be built on the Sites shall be approved by DAAP
in writing prior to the construction of any such buildings, such approval to not be
unreasonably withheld provided that the rendering of same complies with the terms of this
paragraph.
6. Signage. Each of the owners of the various parcels of the Property shall
utilize monument and building mounted signage that is reasonably approved in advance in
writing by DAAP and which is consistent in design with the signage being used by the
other Site owners. The colors used on such signage shall also be subject to the prior
written approval of DAAP, such approval not to be unreasonably withheld provided such
colors are consistent with and do not detract from the overall development of the
Property.
land.
Term. This Agreement and the easements created hereby shall run with the
8. Successors. This Agreement shall be binding upon DAAP and the
successors in title to the Property or any portion thereof.
IN WITNESS WHEREOF, DAAP has executed or caused to be executed this
Agreement as of the date first above written.
DALLAS AREA AFFORDABLE PARTNERS IV, L.P.
By:
CED Capital Holdings III, Ltd.,
its General Panner
By:
CED Construction, Inc.,
its General Partner
By:
Its:
STATE OF §
§
COUNTY OF §
On this the ~ day of , 1996, before me, ,
appeared , the of CED Construction,
Inc., the general partner of CED Capital Holdings III, Ltd., which is in turn the general
panner of Dallas Area Affordable Partners IV, Ltd. ("DAAP"), who acknowledged
himself to be such officer, and executed the foregoing Agreement for the purpose therein
contained, on behalf of and as the act of DAAP.
In witness whereof, I hereunto set my hand and official seal.
[[SEAL]]
Notary Public in and for the
State of
Typed or Printed Name:
CASE:
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
MacARTHUR PLAZA, PRELIMINARY PLAT
P & Z HEARING DATE: April 18, 1996
C.C. HEARING DATE: May 14, 1996
LOCATION:
West side of MacArthur Boulevard, adjacent to the TP&L
transmission line
SIZE OF AREA:
Total site area: 6.907
Total pad sites: 4 plus common area
CURRENT ZONING:
C (Commercial)
REQUEST:
Approval of preliminary plat
APPLICANT:
Owner:
CED Construction, Inc.
8445 Freeport Pkwy, Ste. 650
Irving, TX 75063
(214) 929-7127
Engineer:
Nathan D. Maier Consulting Engineers, Inc.
8800 N. Central Expressway, Ste. 300
Dallas, TX 75231
(214) 739-4741
HISTORY:
In 1994 the City reclassified the zoning of this property from "MF-2" Multi-
Family Residential to "O" Office. A lawsuit resulted. In connection with a
settlement agreement not yet approved by the court, the City changed the
zoning to "C" Commercial in late 1995. Recently the Planning and Zoning
Commission recommended reclassification of Lot 5 to a Planned Development
District for a self-storage facility. There has been no previous platting activity.
On February 15, 1996, the Planning and Zoning Commission disapproved the
preliminary plat of MacArthur Plaza and hem the public hearing open on the
three associated Special Use Permit requests for the purpose of receiving
coordinated submissions on all four sites within the proposed subdivision.
TRANSPORTATION:
MacArthur Boulevard is a four-lane divided thoroughfare built in
Item # 9
a ll0'-wide right-of-way shown on the thoroughfare plan as a
P6D, 6-lane divided thoroughfare.
SURROUNDING LAND USE & ZONING:
Northwest - TU Electric transmission line r.o.w.; "A" Agricultural
South- Vacant; "C" Commercial
East - Jefferson at Riverchase Apartments; "MF-2" Multi-Family
COMPREHENSIVE PLAN:
The 1987 Comprehensive Plan shows Office. The
proposed 1996 Comprehensive Plan shows the property as
suitable for regional retail uses.
DISCUSSION:
This property is subject to a declaration of covenants, conditions and
restrictions for Riverchase. The document stipulates that:
signs identifying commercial buildings shall be permitted if
approved as to size, composition, design, illumination and location
by the Architectural Review Committee;
a plan showing the location and screening of all exterior utility
meters, transformers and other exterior mechanical equipment must
be approved by the Architectural Review Committee with no roof
mounted mechanical equipment permitted unless properly screened
and approved by the Architectural Review Committee;
a landscaping plan approved by the Architectural Review
Committee will be required;
the Architectural Review Committee shall promulgate specific
Design Guidelines governing the composition and location of
screening walls, fences and hedges;
exterior building materials and colors shall conform to the Design
Guidelines and be approved by the Architectural Review
Committee; and
parking shall be located at the sides or rear of buildings.
However, where appropriate, parking may be allowed in front of
the buildings if setback and landscaping provisions are acceptable
to the Architectural Review Committee.
In addition, the applicant has submitted proposed property covenants
requiring approval by Dallas Area Affordable Partners IV, L.P., of
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exterior design and signs. These are important because Lot 4 of the
proposed plat obtains its access to MacArthur Boulevard via easement
across Lots 3 and 5, and Lots 3 and 5 obtain supplementary access across
Lot 4. Consequently there needs to be a mechanism to insure that the
owners of all three lots properly maintain the pavement. In addition, LOt
2 is proposed to be a landscaped common area, requiring a mechanism to
insure that the property will not deteriorate or be converted to other
purposes.
Staff is of the opinion that four commercial property owners, or four
future commercial property owners, may have insufficient interest to
insure the proper maintenance of the proposed common area, and could
decide too easily to dispense with the landscaping in favor of a low-
maintenance surface such as pavement. A broader-based owner
association will be more likely to prevent that occurrence.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends approval of the preliminary plat, subject to engineering
comments, and subject to the following additional condition:
That Lot 2 be conveyed to Riverchase Owners Association, Inc. (charter
number 01236966-01) for purpose of perpetual maintenance under the
terms of the Amended and Restated Declaration of Covenants, Conditions
and Restrictions for Riverchase recorded in Volume 92181, at Pages 3258
through 3359, of the Deed Records of Dallas County, Texas.
ALTERNATIVES:
1) Recommend approval of the Preliminary Plat
2) Recommend disapproval of the Preliminary Plat
3) Recommend modification of the Preliminary Plat
ATTACHMENTS:
1) Preliminary Plat
2) Site Plan
3) Landscape Plan
4) Irrigation Plan
5) Departmental Comments
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