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Prestwick Crt/FP-DR001130 City of ¢oppell Development Review Committee Comments Planning Department Prestwick Court - Final Plat Northwest Corner of MacArthur Blvd. and DeForest Road DRC Date: November 30, 2000 & December 7, 2000 Planning & Zoning Commission Meeting: December 21, 2000 City Council Meeting: January 9, 2001 3. 4. 5. Note: A. The lot numbers on the final plat are inconsistent with the lot numbers on the preliminary plat and the tree preservation plan. At a minimum, the lot numbers and the name of the subdivision on tree preservation plan need to match the final plat. HOA documents need to be revised and resubmitted. Attached is the letter from the City Attorney which was provided to the applicant on October 24, 2000. This final plat is a re-plat of portions of Tracts 1 and 2 and all of Tract 3 of Creek Bend Estates and previously unplatted property. The screening wall needs to "turn the comer" at the north end along MacArthur Blvd. along the lot line of Lot 5 (117). Language needs to be added to the final plat concerning tree reparation: · Trees that are planted in reparation for the trees being removed for the construction of streets and utilities (minimum 4 inch caliper trees for a total of 308 caliper inches) shall be maintained, and replaced if necessary, for a period of two years from the time of planting. These trees shall be planted in accordance with the tree Mitigation Plan dated __ · Retribution for all trees removed on Lots 6 though 11 Block A and Lot 3 Block B (per final plat) shall be required prior to the issuance of a building permit for those lots. Tree Mitigation Plan - Tree Reparation Schedule (table) needs to be revised to include Lot 10. Coventry Lane needs to be changed because there is already a Coventry Court. The new name needs to be approved by the Fire Marshal. Do not need to resubmit copies o]~irrigation plan. Please revise plats, site plans, landscape plans, and building elevations based on staff recommendations. ShouM applicant disagree with staff comments please provide reasons why staff recommendations shouM not be followed when you attend the December 7th Development Review Committee (DRC) meeting. Each applicant will bring two new sets of revised plats and plans to the December 7th DRC meeting. Applicants will be asked to show, explain, and defend any revision. A representative for this project is required to attend the meeting. Applicant will have till noon Tuesday, December 12th to resubmit sixteen (16) folded copies of revised plans and three (3) reduced paper copies (8 1/2 X 11) of each exhibit to the Planning Department OCT 23 2000 15:42 FR NICHOLS jACKSON DILLA4 965 0010 TO COPPELL PZ P.02 Robert E. Hsger E-maih rhager~njdl~.com NICHOLS, JACKSON, DILLARD, HAOER & SMITH, L.L,P, Atwmcys & Coun~lor$ at Law 1800 Lincoln Plaza 500 North Akavd D~II~, Tex~ 75201 (2! 4) 965-9900 Fax (214) 965qX}10 E-mail NIDH$ ~ N]DH$.eom RO~F. RTI.. DII.LARD. JR. LOUIS NICH~ LAV~NG~ 'IV. JACI<~ON COUN&EL October 23, 2000 VIA FACSIMILE AND FIRST CLASS MAIL Ms. Marcie Diamond Assistant Planning Director Planning Department City of Coppell P. O. Box 473 Coppell, Texas 75019 RE: Canterbury Court Declaration of Covenants and Restrictions Dear Ms. Diamond: Please be advised that we have reviewed the Declaration of Covenants and Restrictions involving the Canterbury Court Development located in the City of Coppell, Texas. ARer reviewing the same we would recommend that the following language be added to Article V, Section 5.2(d): "Section 5.2 Additions to Existing Property. Additional land(s) may become subject to these Covenants and Restriction in any of the following manners: (d) .... However, in no event shall such merger or consolidation cause or change any of the obligations, duties or assessments required under this Agreement." We would also recommend that Article VII, Section 7.9Co) be amended to read as follows: The Association, its successors or assigns, shall fail or refuse to adequately maintain the appearance and condition of the Common Areas which it is obligated to maintain hereunder: then, it either O~T 23 2000 15:42 FR NICHOLS jACKSON DILLA4 SS5 0010 TO COPPELL PZ P.03 Ms. Marcia Diamond October 23, 2000 Page 2 such event, the City, shall have the right, but not the obligation, to assume the duty of performing all such maintenance obligations of the Association at any time, upon giving written notice to the Owners, . . . Upon assuming such maintenance obligations, the City shall collect, .... During any period that the City assumes the obligation to maintain and care for the Common Area, the Association shall have no obligation or authority with respect to such maintenance. In the even the City assumes the duty of performing the maintenance obligations of the Association as provided herein,...." Once these amendments have been made we are prepared to approve the language set forth in the deed covenants regarding the City's ability to enforce deed covenants with respect to common areas for the Canterbury Court Development. Please place a copy of this letter with the Homeowners Association documents filed with the City. Thank you for your attention to this matter. If you have any questions please contact us at your convenience. Very truly yours, NICHOLS, JACKSON, DI~LAKD, HAGEn)H, L.L.P. - R~be~r~ager REH/cdb