MacPlaza1/PP-CS 9603192147328241 ASLAN REAL ESTATE PAGE
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March 19, 1996
DELIVERED VIA FAX
304-3673
Mr. Gary Sieb
Planning Director
City of Coppell, Texas
STAFF REPORTS - MacARTHUR PLAZA PRELIMINARY PLAT; CITY
GARAGE ADDITION; SPEEDE OIL CHANGE
Dear Gary:
I have read with great concern the above-referenced staff reports, which include comments
to' the various developments on this site that have not been previously conveyed to us in the
DRC meetings. Given the fact that the Planning and Zoning Commission is meeting
Thursday night to discuss these developments, I feel that raising concerns at this stage is-
counterproductive to the concerted efforts to work together over the last ~ or 6 months to
creative a positive retail/light commercial setting with a minimum of impact on the City.
In particular, ! have noted the following:
1. Overall Us_e_ .of Site: The comments regarding the reluctance of other
communities to accept these types of uses is totally superfluous to an analysis of
the currently permitted zoning and proper use of this site. Although a special
use permit is required, which gives the City some latitude in addressing the
development of this site, I am amazed that we would start with such a negative
statement regarding these uses, given your (and the rest of the staff and DRC's)
prior support for these uses given the nature and location of this site.
2. Trim an~;I Accent Colors: Unified building materials and signage have been
discussed in our prior meetings, and I have ali along stated that we will require
restrictive covenants giving CED the right to approve these matters, but we have
not to date had a.ny discussions about trim colors, door colors or awning colors.
I do not understand how the staff can require specific accent colors with no prior
discussions with any of the affected parties. We simply cannot "make up the
rules as we go along" and, even then, at the eleventh and a half hour. Under my
restrictive covenants, I (as the overall "developer") will control these colors to
make certain that they are not offensive. Each user should, within these
boundaries, have the right to use different accent colors, in order to (i) allow
some degree of corporate identity with their franchisor, and (ii) allow a small
degree of diversity (to keep the overall center from being "bland"). Given time, I
believe that we could agree on an acceptable palette of colors, but it is impossible
for us to simply agree on a color chosen by staff.
3. ~dditional Landsgapin~ Area: In our prior meetings, we have discussed our
willingness to have the common landscaping area for all three of the users, in
4. order to allow them to meet the 1~% non-vehicular landscaping requirement.
Prior to receiving the staff reports today, everyone has indicated that this
approach is acceptable. The staff report now indicates that staff "would prefer
dealing with the departure ... through use of a planned development district in
place of special use permits." Ali of us have spent ~ or 6 months working to get
to this point, and, as we discussed during the settlement negotiations, ! am very
set against going through a PD process given prior difficulties experienced in the
planning and zoning process, and am adamantly opposed to staff's sudden
recommendation that the zoning be changed to PD-C. This issue should have
been raised and dealt with several months ago when our preliminary plat was
submitted, not two days prior to the hearing. Several of our users have
indicated that they will not go through the PD process, which will cause uS to
lose these sales, It is very_, important that we understand the. Staff's position on
this issue prior to Thursday night, and that we very explicitly clarify that
position with our users and with the Planning and Zoning Commission prior to
that time.
S. i n~g.q.q~. The various reports indicate requirements for interior signage and for
sign colors. Although I will defer to my individual users in terms of their
approach to these requirements, unless Coppell's zoning or building statutes
have specific requirements for these items, I cannot force the users to comply
with your requests. Again, my restrictive covenants give. me control over
monument sign colors, and ! will not accept any sign color that is offensive to the
development of our overall site. In fact, given time, ! feel that we may be able to
arrive at a defined list of color schemes that are acceptable to the users, the City
and me, but this cannot be done by simply dictating same in the staff report. In
addition, the sign designation "at Riverchase" may or may not fit the name that
we may ultimately want to give to this retail development. Again, we can resolve
this at a later date.
6. Sonic. ! have not seen $onic's staff report, and as such cannot comment on any
requirements that may be contained therein which we have not previously
discussed.
Overall, I am HIGHLY disappointed that after 5 or 6 months of work, and without any
prior notice or discussion, we are now faced with new requirements and a recommendation
made for an entirely different planning and zoning approach (i.e., PD instead of SUP).
Granting that other factors were involved, I am beginning to get a strange sense of "deja
vu' - our prior dealings with planning and zoning that created so many ongoing issues for
ali of us arose in part over last minute requirements immediately before hearings that could
never be fully met by us.
! cannot tell you how much ! (speaking persooally for myself) want to see us work together
in a business-like, amicable fashion ... that is exactly how ~ have felt about the last 5 or 6
months of our d~ali~tgs on the development of this site. Wc have all worked together to
overcome a host of issues. I believe that we can also overcome the issues raised in your staff
reports, but not by raising these issues at this juncture .and forcing us to again go through
this or another process. There. are still a number of other opportunities for us to work
o~/i9/i9% 15:89 2147328241 ASLAN REAL ESTATE PAGE 84
toward resolving these issues ... final platting, building plans, etc. I am fully confident that
if we work together we can handle this .. and equafly as confident that if we attempt to
resolve this through staff reports at the last minute, we will simply be creating, more
heartache for everyone involved. ! am ~ with the City for us to approve the items
on the table as we last discussed them, and for us to keep working together between now
and actual construction to resolve these new issues in a mutually acceptable fashion.
~ give me a cab after you have a chance to evaluate these concerns to discuss how we
can address these issues prior to Thursday night.
Very truly yours,
DALLAS AREA AFFORDABLE PARTNERS IV, LTD.
Jim Witt
Alan Ginsburg
Ron Wilson
Greg Mason
By:
CED Capital HoLdings H~ Ltd.,
its General Partner
By:
CED Construction,~
Ro~qrt'H~.Vo~ Iker,
its/uthortzed Agent