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Riverview Est/PP-CS 960716FAX COVER SHEET P. O. Box 4."8 Cop~R. Texas '~$019 F~x No. t2i41 30~-~- PLEASE DELIVER THE FOLLOWING PAGES TO: s~r~ ~ No. 9c~- 9~9'3 TRANSMITTED BY: ~a .Am 7'18 % NUMBER OF PAGI~ ~qC~3~l~G COVE~ $HEE~: ~ LAWREJ',~E W. JACKSON ROBERT L. OIU_ARO III ROBERT E. HAGER PETER G. SMITH OAVlO M. BERMAN BRUCE A. STOCY, JU~O NICHOLS, JACKSON, DILLARD, HAOER & SMITH, L.L.P. Attorneys & Counselors at Law 1800 L~ucoln p~v.a 500 North Akard Dallas, Texas 75201 (214) 9~5-99(X) F~x (214) 965-0010 DUPLICATE ~RT L. OILLARO. H. LOUIS NICHOLS September 26, 1995 VIA FACSIMILE AND REGULAR MAIL Mr. Kenneth M. Griffin; P.E. Assistant City Manager/City En~neer City of Coppcll P.O. Box 478 Coppell, Texas 75019 Re: Expiration of Preliminary Plat Approval Dear Ken: Pursuant to your request, thc undersigned provide the following opinion concerning whether the approval of the prelimina~ plat for Riverview Estates Addition on October 8, 1991 has expired. Thc minutes from the City Council meeting of October 8, 1991 reflect that thc preliminary plat for Riverview Estates Addition was approved subject to the following conditions: Flagstone entrance; Establishment of homeowner's association to m~inmin common areas; and 3. Waiver of alley requirement behind lots 9 - 28, Block A. The approval of the plat was not conditioned on the preparation of a flood study or resolution of floodplain issues. If thc property was in thc floodpl~in~ the Building Inspection Department could have withheld the issuance of building permits until the issue had been resolved. You make reference to a letter from Gary Sieb to Mike Daniel, the engineer for the development, which purportly states that the plat had been approved with conditions of which you advise Mr. Sieb's letter states that the floodplain issue must be resolved prior to filing the final plat. This, of course, was not one of the conditions imposed by the City Council for the approval of the preliminary plat. We understand, however, that based on Mr. Sieb's letter, that Johnny Thompson contends the preliminary plat should still be valid FOR,, AB-gED TO O _A O c0 UNCIL September 26, 1995 Page 2 because the issue of the floodplain has not been resolved and because he was instructed not to submit the final plat until that issue had been resolved. The City of Copper Subdivision Ordinance that was in effect at the time the preliminary plat was approved, provides that "the approval of the preliminary plat expires at the end of nine (9) months unless the final plat has been submitted for approval." The same language is found in Section VIII(G) of Ordinance No. 94-643, the current Subdivision Ordinance. Thus, the preliminary plat for Riverview Estates Addition expired unless the final plat was submitted within nine (9) months of the approval of the preliminary plat. The failure of the issue of the floodplain to be resolved or the failure to satisfy the other conditions of approval of the preliminary plat did not operate to extend the life of the preliminary plat beyond the nine (9) month period prescribed by the Subdivision Regulations. If it were otherwise, the applicant's failure to satisfy conditions of approval could extend the life of the preliminary plat indefinitely contrary to the express language of the ordinance. In addition, the City is not bound by Mr. Sieb's statement, if such were made. As in the case of the applicant's failure to satisfy the conditions of approval of the preliminary plat, Mr. Sieb could not, by his words or conduct, operate to extend the life of the preliminary plat beyond the express language of the ordinance. Since the approval of the preliminary plat has expired, no vested fights would attach to that development and a new preliminary plat must be submitted in accordance with the current ordinances, rules and regulations for the development of the property. Thank you for your attention in this matter, ff you have any questions in thi.~ regard, please don't hesitate to contact me. Very truly yours, NICHOLS, JACKSON, DH I AP, D, HAGER & SMITH, L. LP. PGS/ct CC.' Mr. James Witt City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 l~er G. Smith NICHOLS. JACKSON, DILLARD, HAGER & SMITH, L.L.P.