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Riverview Est/PP-CS 950926LAWRENCE W. JACKSON ROBERT L. DILLARD Ill ROBERT E. HAGER PETER (3. SMITH DAVID M. BERMAN BRUCE A. STOCK,aJ~D NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214) 965-9900 Fax (214) 965-0010 DUPLICATE ROBERT L. DILLARD, JR. H. LOUIS NICHOLS O~ COONSEL September 26, 1995 VIA FACSIMILE AND REGUIAR MAIL Mr. Kenneth M. Griffin~ P.E. Assistant City Manager/City Engineer City of Coppell P.O. Box 478 Coppell, Texas 75019 Re: Expiration of Preliminary Plat Approval Dear Ken: Pursuant to your request, the undersigned provide the following opinion concerning whether the approval of the preliminary plat for Riverview Estates Addition on October 8, 1991 has expired. The minutes from the City Council meeting of October 8, 1991 reflect that the preliminary plat for Riverview Estates Addition was approved subject to the following conditions: 1. Flagstone entrance; 2. Establishment of homeowner's association to maintain 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 the property was in the floodplain~ the Building ln.~pection 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 __w- TO 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 Coppell 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 Vm(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 rights 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 this regard, please don't hesitate to contact me. Very truly yours, NICHOLS, JACKSON, DIII ARD, HAGER & SMITH, LLP. PGS/ct CC'- Mr. James Witt City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 r G. Smith NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Mr. Ken Griffin September 26, 1995 Page -3- Very truly yours, NICHOLS, JACKSON, DH HAGER & SMITH, L.L.P. JM/PGS/~tl cc: ~//Mr. Jim Witt eter G. Smith VIA FACSIMII.E AND FIRST CLASS MAIL AGG(f75A7 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. MEMORANDUM To: From: Peter G. Smith, City Attorney Kenneth M. Griffin, P.E., Asst. City Manager/City Engineer }Gl 25 acre tract of land south of Sandy Lake Road (Johnny Thompson tract) (Riverview Estates) Date: September 14, 1995 This is written as a follow-up to our telephone conversation of September 13, 1995 in which we discussed whether or not the preliminary plat for the referenced tract of land was still valid. Also, we discussed if Mr. Thompson had any vested rights in regards to current ordinances or fee requirements since he had previously submitted the preliminary plat. I am providing you copies of the preliminary plat information and the backup information from the Planning and Zoning and City Council meetings. In August 1991, Huff'roes and Partners, Inc. submitted a preliminary plat for the referenced property entitled "Riverview Estates". The property owner at that time was Johnny Thompson. During the review process, there was an internal memo stating that the plat and the water and sewer layout was in general conformance with the City's subdivision regulations and design criteria. However, the plat should not be submitted for approval until issues relating to storm drainage had been resolved. There was no mention of the floodplain in this memo. The plat was submitted and went to Planning and Zoning for approval on September 19, 1991. It was recommended for approval with the stipulations that they include a flagstone entrance and that a Homeowners Association be created. Subsequent to that meeting, it was presented to the City Council on October 8, 1991. The staff report that went along with the plat did not make any mention of floodplain issues. However, during the discussion by City Council there was conversation about the flooding of the property and also concerns about if the development met City requirements concerning drainage. However, the plat was approved with only three stipulations: 1) the flagstone entrance, 2) Homeowners Association, and 3) deletion of alleys. The motion that approved the plat did not make any mention of floodplain issues. After the City Council meeting, Gary Sieb sent a letter to Mike Daniel, the engineer for this development, stating that the plat had been approved with stipulations. Stipulations # 1, 2 and 4 are as presented in Council motion; however, stipulation #3 in Gary's letter states that the floodplain issue must be resolved prior to final plat filing. Based on conversation between Johnny Thompson, Jim Witt and myself it appears as though that one particular sentence is what he is referring to when he states that the preliminary plat should still be valid because that issue has not been resolved and he had been instructed not to submit the plat until the issue had been resolved. The Subdivision Ordinance, in effect at that time, states that preliminary plats are only good for nine months unless the final plat is submitted. There has been no final plat submission on this particular piece of property. FORWARDED TO MAYOR AND COUNCIL DATE: Some of the issues that really complicate this matter is that when this plat was submitted the official City of Coppell map in effect, dated October 16, 1991 did not show this tract of land to be included in the 100-Year Floodplain. However, the City was working on preliminary FEMA maps and there were memos from Shohre Danesmand stating that the property was in the floodplain. Based on the map in effect at the time this was originally submitted, it is quite possible that Mr. Thompson could have completed his development if he would have followed through and not been subject to the floodplain requirements. Shohre had taken a different approach in the fact that there were preliminary FEMA maps that were showing this property to be included in the floodplain with the next revised map. Therefore, she had taken the position that the property was technically in the floodplain even though it was not shown on the official map. There were numerous conversations and letters between Shohre and Mike Daniel concerning floodplain, wetlands, Corps of Engineers, etc. Shohre's final position on this in November 1991 was that the applicant should submit all the flood studies and request a Letter of Map Revision from FEMA prior to any development. The real issue at stake is whether the preliminary plat is still valid. If the preliminary plat is still valid then we need to decide if there is any vested rights in various things such as payment of fees, floodplain determinations based on maps in effect at that time, if the property needs to comply with the Corridor Development Certificate which was adopted in December 1992 and requires no loss in valley storage, etc. If we determine that the preliminary plat is no longer valid, then we are back to square one on this development. Which in my mind means we go back to the preliminary plat submittal and all rules currently in effect in regards to development, including fees, ordinances, etc. This needs to be resolved as soon as possible. The City With A Beautiful Future November 14, 1991 R,,.E COPY P,O, Box 478 Coppell, Texas 75019 214-462-0022 Mr. Mike Daniel, P.E. Nathan D. Maier Consulting Engineers, Inc. Three Northpark 8800 N. Central Expressway, Suite 300 Dallas, TX 75231 Re: Proposed Reclamation Project Riverview Estates Dear Mr. Daniel: On November 12, 1991, I received your follow-up letter to our telephone conversation held on 11-5-91, regarding reclamation of the proposed Riverview Estates. It came to my attention that said letter did not fully represent my comments. As a point of clarification, I forward this letter with my comments concerning your project, which, as minimum, must be addressed: This development must be in full compliance with the City of Coppell's Floodplain Ordinance #87390. A wetland determination must be obtained as soon as possible, to identify existence of any wetlands. All necessary permits must be obtained from other entities such as federal (including the Corps of Engineer's (COE) 404 Permit), and state governments, if applicable. This tract is within the regulatory zone of the Elm Fork of the Trinity River, and the City is participating in the Trinity River Corridor Floodplain Management. We recommend this project to be in compliance with the Corridor Development Certificate (CDC) manual and criteria. However, according to our legal council, the CDC permitting process can not be enforced, since it has not been adopted by the City Council. I also indicated that in the City-Wide Storm Water Management Plan, it is proposed that" no reduction in valley storage for the 100-year flood (fully developed watershed) be allowed · along Elm Fork of the Trinity River. Letter to Mr. Mike Daniel, P.E. November 14, 1991 Page 2 - That the "no loss in valley storage" requirement is not outlined in detail in the Floodplain Ordinance #87390. Please note that as per Art. 4C-c, Pg. 24, you must ... demonstrate with technical data, the impacts on the design base flood storage capacity of the floodplain for all developments, which include fill within the floodplain . - Once you submit all necessary flood study reports and documents, they will be reviewed according to Ordinance #87390 for compliance. Upon approval, City staff will request a conditional LOMR from FEMA, prior to issuance of Floodplain Development/Fill permit. - The minimum finished floor of residential lots must be elevated to a minimum of two (2) feet above the FIS base flood elevation, or to one (1) foot above the design base flood (ultimate condition) elevation, whichever is higher. It is my understanding and as you may know, the City Council is interested in procuring additional dedicated land for a part site/open space as part of this development. This is a desirable use of land within the limits of floodplain. We look forward to working with you on this project and should you have any additional questions, please do not hesitate to call me. Sincerely, _ ~¥~. / ~. Shohre ~anesh~mad, P. g. Acting City Engineer MSD/bd cc: Gary L. Sieb, Director of Planning and Community Services Don E. Huffines, Huffines & Partners Gary C. Hendricks, P.E., Shimek, Jacobs & Finklea RIVERLT NI M NATHAN D. MAIER CONSULTING ENGINEERS, INC. November 5, 1991 . , Copl~ll, Te~ 75019 iwV - T 1991 Re: Riverview Estates NDM No.: 91-08-075 Dear~hohre: The purpose of this letter is to memorialize our telephone conversation of this date regarding the above referenced proiecL Our conversation represented the City of Coppell's formal response to my letter to you, dated October , ,4, , 991, requesting clarification on the reclamation process for this site. .~ ~ ¥ ~j3~/.~,~ During our conversation, you stated that the developer's responsibility includes and~is rm~ited t__o the following steps: o mandated by the CeE, and that we~red to seek approval for the reclamation from the Council of Governments. We must obtain a wetlands determination from the Corps of Engineers (CEE). If the CeE determines that wetlands exist on the site, we must obtain a 404 permit. We must prepare a hydraulic report for submission to the City. The City will forward our report to FEMA and request a "Conditional Letter of Belief" from FEMA. Upon receipt of the Letter of belief, we will be free to begin r~o~_ work_on ~ site,......~,:,.../ The fill will be placed to an elevaiton which conforms to the City el Goppe~'$~. requirements for streets and finished floors. ~'-=': '~'~'~ relating to valley storage, unless Please understand that my client intends to proceed with this porject and incur costs based upon the content o~ our discussion. Thank you f~ taking the time to research this information and passing it along to us. Sincerely, NATHAN D. MAIER Mike Daniel, P.E. CMD/rdp cc: Don Huffines Three NorthPark/8800 N. Central Expwy./Suite 300/Dallas, Texas 75231/(214) 739-4741 NATHAN D. MAIER CONSULTING ENGINEERS, INC. NDM No.: 91-08-075 Dear Shohre: We are about to begin our final design on the above referenced project. Please Inform us o~ any and ~1 o~ our resporsR3aities relative to Itood plain issues fcx this prope~f. We are aware of the City's criteria regarding minimum finished floor elevations and minimum elevations for street paving. We know of no other responsibffities. Enclosed is a copy o~ what we believe to be the pertinent FEMA map. As you can see, the subject property does n(X lie within the FEMA IIood plain ama. We had therefore not intended to Involve FEMA in our design ixocess. We look fonvard to your timely response so that we may proceed. Mike Daniel, P.E. CMD/rdp Three NorthPark/8800 N. Central Expwy./Suite 300/Dallas, Texas 75231/(214) 739-4741 ..--~...~--~ ,., ,,, ~ · ... ...~,~, . . . ..,., .~ '.~ ,~.. : . , .~, .'~. . . ITEM CAPTION, · , ..,...~/ .... . .... ,.,-'~ : ..-j'% . ,~ ~ ~ , , ~-, . - . , ~ ~ ~ ~ ~ ~,. ........ ~ '.~ .~ ~ ~ ~ . , ~ - ~.. ~. ,~ .-~' ;,~..~- ~.-.-~ ~. .',..~V;,~'~,. ;... ~ ~'~ · ~ ~. ~ ~ .~?~.'.- ~:'.,.,. .. ~ .'..'. ,..~.~ .~ .', . .' ~ ..--~ .~, · .., ... . -. · ' , . . ~ "f~= :3-~' ~ ,~.~ . · [ ...... ~-1-~ ~. . ........ .,,.., ....... ,~ ..~- . - ',~'. '= '"~'~:~'~'~'=~"~.% ,".~-~.~T~ ~ ~. ",'' ',~'~ '~'~'~' -~"~, ~' ", EV~UATION OF Date of Planning & Zoning Meeting: Septeml)~r'lg(l~)1 -. ~ : ~. '~..~,:, ~ ~ ~', Decision of l~'"ninE & ~ Commission: .,i:~i~Al~l~°ved (~=0).,with the. f~llowin~ ~..ti0nsc _ ': · BUDGET AMT. AMT +/- BUDGET LEGAL REVIEW BY: i~our~l' ,. f<NOd_ ~ change request. Ed Thomas of ~/21 Greenway Drive asked if any consideration were being given to Greenway Drive not being cut through, stating that he would rather not see any road cut through to Greenway Drive. There being no other persons who wished to speak, Mayor Wolfe closed the Public Hearing. Councilman Robertson moved to approve a zoning change request, Case #PD-120 (Waterside Estates, Phase II), from (SF-9) Single-Family-9, to (PD-SF-9) Planned Development Single-Family-9, on property located along the north side of Parkway Boulevard and along the west side of MacArthur Boulevard with the following conditions: I) detailed plan on the final plat regarding landscaping; 2) 4-foot wrought iron fence; 3) simplified statement as to homeowners dues to the homeowners association; 4) the alley be moved from between Lots 27 and 28 to between Lots 20 and 21 and that an alley be put in along Lot 35, Block D; 5) that 50% of the houses which back up to Greentree and Meadowglen Circle be single story homes and that 25% of the houses overall be single story; 6) there be a 2100 square foot minimum house size; 7) an alley be placed in Block E; and, 8) an alley be placed in Block A, along LOts 1 through 6. Councilman Cowman seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 16 Consideration and approval of a preliminary plat request for Waterside Estates, Phase 1I, on property located along the north side of Parkway Boulevard, and along the west side of MacArthur Boulevard, at the request of Dan Dowdey Associates, Inc. Mayor Pro Tem Smothermon moved to approve the preliminary plat request for Waterside west side of MacArthur Boulevard, at the request of Dan Dowdey AssoOates, mc mm u~ conditions as in Item 15. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Cownum, Robertson and Nelson voting in favor of the motion. Mayor Pro Tern Smothermon excused himself due to a conflict of interest. A Conflict of Interest Statement is on file with the City Secretary's office. Item 17 PUBLIC HEARING: Consideration and approval of a zooing change request, Case gZC-532, (Riverview Estates), from (R) Re,ail, to (SF-9) Single-Family-9, on property located approximately 320 feet eatd of Riverchase Drive, and 237 feet south of Sandy Lake Road, at the r~quest of Huffinea and Parmers. Planning and Community Service Director Csary Sieb made a presentation to Council. Concerns included 1) Landscaped entrance with irrigation to the subdivision offof Sandy Lake Road and 2) Homeowners Association be created to maintain the common open space. Mike Daniel, representing Huffmes and Panners, was also present to address Council. Mayor Wolfe declared the Public Hearing open and asked if there were any persons who wished to speak in favor of or in opposition to the zoning change request. There being none who wished to speak, the Public Hearing was clo~l. Councilman Robertson moved to approve a zoning change request, Case #ZC-532, (Riverview Estates), from (R) Retail, to (SF-9) Singte-Family-9, on property located approximately 320 feet east of Riverchase Drive, and 237 feet south of Sandy Lalm Road, at the request of Huffines and Partners. Councilman Nelson seconded the motion. The motion carried 6-0 with Councilmen Weaver, Thomas, Morton, Cowman, Robextson and Nelson voting in favor of the motion. Item 18 Consideration and approval of a preliminary plat request for Riverview Estates Addition, on property located approximately 320 feet east of Riverchase Drive, and 237 feet south of Sandy I2ke Road, at the request of ltuffines and Partnen. Planning and Community Services Director Gary Sieb made a premmtation to Council. Following disctmiou, ~ directed Stuff to look at the flood plain issues of this property prior to final plat. ~man Weaver, in l~aicular, expressed his corn:ems teganting flooding on the property east of this development, and if this development meets city requirements concerning drainage. Councilman Thomas moved to approve a preliminary plat request for Riverview Estates Addition, on propen'y located approximately 320 feet east of Riverchase Drive, and 237 feet south of Sandy ~_k~ Road, at the request of Huffmes and Partners with the following conditions: 1) they include a flag stone or similar entrance with irrigated divider; 2) a homeowners association be formed to maintain common open spaces such as landscaping, screening fence.s, etc.; and, 3) no alley behind lots 9-28, Block A. Councilman Nelson seconded the motion. The motion carried 6-0 with Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Mayor Pro Tern Smothermon returned to Council. Item 19 Consideration and approval of a zoning change request, Case iltS-1054, from Light Industrial, to (I.I-SUP) Light Industrial with a Special Use Permit for a Metrocel Cellular Telephone Communication Tower, on propeiVff located east of Denton Tap Road, and approximately 212' north of Beltline Road, at the request of Metrocel Cellular Telephone Company. Planning and Community Services Director (3ary Sieb made a presentation to Council. Steve Dunnaway, representing Metrocel Cellular Telephone Company, was also present to address Council. Mayor Wolfe declared the Public Heating open and asked if there were any persons who wished to speak in favor of or in opposition to the zoning change request. There being none who wished to speak at this time, Mayor Wolfe closed the Public Heating (following discussion of this item, the Public Head~ was left ope~ until October 22, 1991). Charles Crane of Metrocel Cellular Telephone Company was also present to address the technical issues of the request. He stated that a 75' to 100' tower is what will be needed. Councilman Nelson moved to approve a zoning change request, Case ~S-1054, from Light Industrial, to (II-SUP) Light IndusUial with a Special Use Permit for a Metrocel Cellular Telephone Communication Tower, on property located east of Denton Tap Road, and approximately 212' north of Beltline Road, at the reqc_u~__ of Metrocel Cellular Telephone Company, with the condition that if at any time this use ceases, all structures and equipment will be removed from the location. Councilman Weaver ~ the motion. The motion failed 3-4 with Councilme~ Weaver, Robertson and Nelson voting in favor of the motiun and Mayor Pro Tent Smog~'mon ~d Councilmen Thomas, Morton and Cowman voting in opposition to the motion. Foilowin~ further discussion, Mayor Pro Tern Smothermon moved to postpone ~ co~__,i__ _aerati~ of this item until October 22, 1991 with the Public Hearing being left open. Councilman Cowman seconded the motion. Thc motion carried 74) with Mayor Pro Tern Smotherm~ end Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 20 Consideration and approval of a replat request of Northlake Woodlands East #12, Lot 6-R, Block F, for the purpose of combining two lots to allow the construction of a 6,000 square foot home, on property located north of Beltline Road, and west of Mockingbird Lane, at thc request of Don Tipton EnF, inccts. Planning and Community Services Director Gary Sieb made a presentation to Council. Mayor Wolfe declared the Public Hearing open and asked if there were any persons who wished to speak in favor of or in opposition to the replat request. There being none who wished to speak, Mayor Wolfe closed the Public Hearing. Councilman Robertson moved to approve a replat request of Northiake Woodlands East #12, Lot 6-R, Block F, for the purpose of combining two lots to allow the construction of a 6,000 square foot home, on property located north of Beltline Road, and west of Mockingbird Lane, at the request of Don Tipton Engineers with the condition that after the unde~ro~nd line (if Staff is comfo~able with the time frame, the line to be installed by June, 1992) is installed, that the homeowner of the rezoned lot will be, at that time, allowed to build a sport court type of structure with a concrete slab sad without vertical walls over the easement without eny future en~ requirements from the City of Coppell. Mayor Pro Tem Smothermon seconded the motion.. The motion carded 6.1 with M~yor Pm Tern CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT RIVERVIEW ESTATES - PRELIMINARY PLAT P & Z HEARING DATE: September 19, 1991 " C. C. HEARING DATE: October 8, 1991 LOCATION: Approximately 320 feet east of Riverchase Drive and 237 feet south of Sandy Lake Road. SIZE OF AREA: 18.94 Acres of land. REQUEST: Approval of a preliminary plat. APPLICANT: Huffines and Partners 7001 Preston Road Suite 222 Dallas, Texas 75205 HISTORY: No history on this site. TRANSPORTATION: Future access wiI1 be gained via Sandy Lake Road and off Riverchase Drive. Riverchase Drive must be constructed in its entirety from its existing connection near the golfcourse, all the way up to Sandy Lake Road. ANALYSIS: The preliminary plat as submitted, is in conformance with City regulations and codes. However, the installation of Riverchase Drive is of great concern to staff. The developers of this site (Riverview Estates), Villages at Riverchase, and Riverchase Estates must resolve how Riverchase Drive will be installed in its entirety. There is a section of the future street that is not adjacent to either development, (see attached map) but it must be installed prior to either of the developments to ensure that proper access to each site is provided. Therefore, staff recommends approval of the preliminary plat subject to the installation of Riverchase Drive. ITEM 17 ALTERNATIVES: 1) Approve the preliminary plat as submitted 2) Deny the preliminary plat as submitted 3) Modify the preliminary plat ATTACfIMENTS: 1) Preliminary Plat 2) Map of development proposals RVRVI~.$?F MI~O TO: Gary L. Sieb, Director of Planning and Community Services FROM: /M. Shohre Daneshmand, Acting City Engineer~ SUBJECT: Riverview Estates, Preliminary Plat Floodplain Management DATE: October 8, 1991 Gary Eendricks of Shimek, Jacobs & Finklea, representing the City of Coppell engineering department during DRC meeting, had made Mr. Mike Daniel of Nathan D. Maier Consulting Engineers, Inc. aware that this property is within the limits of the 100-year floodplain. It was indicated to him by Mr. Daniel that this development is part of the existing Riverchase Reclamation Project. Please note that it has always been clear to us that a tract of land known as Johnny Thompson's property is within the 100-year floodplain. (See attached copy of memo to Greg Jones of Building Inspection, dated 2/25/91). However, the connection was not made between Riverview Estates and Thompson's property until now. The above referenced development is within the limits of 100-year floodplain and shall comply with our Floodplain Ordinance #87390. The developer must also obtain two (2) permits, being the floodplain development permit, from the City of Coppell, and a Corridor Development Certificate (CDC), since this property is within the Regulatory Zone of the Trinity River Corridor. Staff does not have any objection to the preliminary plat as long as the above comments are addressed prior to the approval of the final plat and plans. Please let me know if you have any questions. cc: Gary C. Hendricks, Shimek, Jacobs & Finklea RIVER2 Minutes of September 19, 1991 Planning & Zoning Commission Page 6 Vice-Chairman Green then opened the public hearing and asked for persons wishing to speak in opposition to the request. There were none. He then asked for persons wishing to speak in favor of the request. Those persons speaking were: Kathy Ingle 200 E. Beltline Road The public hearing was then declared closed. Following discussion, Commissioner Cottenmoved to approve Case #S-1054 with the condition that if at any time this use ceases, all structures and equipment will be removed from the locati°n. Commissioner Mayo seconded the motion; motion carried (3-1) with Vice-Chairman Green and Commissioners Mayo and Cotten voting in favor of the motion, and Commissioner Gross voting in opposition to the motion. Item 9: Consider request for a zoning change, Case #ZC-532, (Riverview Estates Addition) from (R) Retail, to (SF-9) Single-Family-9, located approximately 320 feet east of Riverchase Drive, and 237 feet southof Sandy Lake Road, at the request of Huffines and Partners, Inc. P&Z Coordinator Taryon Bowman introduced the item to the Commission. Mr. Mike Daniel of Nathan Maier Engineers was present to represent this item before the Commission and answer any questions. Vice-Chairman Green then opened the public hearing and asked for persons wishing to speak in opposition to the request. There were none. He then asked for persons wishing to speak in favor of the request. Again there were none. The public hearing was then declared closed. Following discussion, Commissioner Cotten moved to approve Case #ZC-532 with a note that special attention should be given to the fact that this development is at an important entrance into the City, during the platting process. Commissioner Gross seconded the motion; motion carried (4-0) with Vice-Chairman Green and Commissioners Mayo, Cotten and Gross voting in favor of the motion. Minutes of September 19, 1991 Planning & Zoning Commission Page 7 Item 17: Consider request for a preliminary plat of Riverview Estates Addition, located approximately 320 feet east of Riverchase Drive, and 237 feet south of Sandy Lake Road, at the request of Huffines and Partners, Inc. Mr. Mike Daniel of Nathan Maier Engineers, as well as Mr. Don Huffines of Huffines and Partners, were present to represent this item before the Commission and answer any questions. Following discussion, Commissioner Gross moved to approve the preliminary plat for River~iew Estates Addition with the following conditions: 1) that they include a flag stone or similar entrance with irrigated divider; and 2) that a homeowners association be formed to maintain common open spaces such as landscaping, screening fences, etc. Commissioner Cotten seconded the motion; motion carried (4-0) with Vice-Chairman Green and Commissioners Ma~o, Cotten and Gross voting in favor of the motion. Item 10: Consider request to vacate a plat of Waterside Estates, Phase I, · located along the south side of Parkway Boulevard, west of MacArthur Boulevard, at the request of Albert Halff and Associates, Inc. P&Z Coordinator Tar¥on Bowman introduced the item to the Commission. Vice-Chairman Green then opened the public hearing and asked for ~ersons wishing to s~eak in opposition to the request. There were none. He then asked for persons wishing to speak in favor of the request. Again there were none. The public hearing was then declared closed. Following discussion, Commissioner Mayo moved to approve the request to vacate the final plat of Waterside Estates, Phase I. Commissioner Cotten seconded the motion; motion carried (4-0) with Vice-Chairman Green and Commissioners Mayo, Cotten and Gross voting in favor of the motion. Item 15: Consider request for a final plat of Waterside Estates Addition, Phase I, located along the south side of Parkway Boulevard, west of MacArthur Boulevard, at the request of Albert Halff and Associates. The City With A Beautiful Future FIL' COPY P.O. Box 478 Coppell, Texas 75019 214-462-OO22 September 9, 1991 Mr. C. Michael Daniel, P.E. Nathan D. Maier Consulting Engineers, Inc. Three Northpark 8800 N. Central Expressway, Suite 300 Dallas, Texas 75231 I~E= Riverview Estates/Storm Drainage Design Criteria Dear Mr. Daniel: This letter is in response to your request for clarification of the criteria to be applied to the determination of the starting hydraulic gradient for the storm sewer outfall of the Riverview Estates Addition to the City of Coppell. This outfall is proposed to discharge into the waters of the Elm Fork of the TrinityRiver. As you are aware, the City of Coppell's subdivision ordinance references the "Design Manual for Storm Drainage facilities", published by the City of Dallas, as a general guide for design criteria for storm drainage. The current criteria by Dallas is that the 100-year water surface elevation of a creek, stream or other open channel is to be calculated for the time of peak discharge in the same storm. That water surface elevation shall be used as the starting hydraulic gradient for the storm sewer system. The City of Dallas updated drainage design manual (not yet adopted) revises that criteria to allow for consideration of a coincident peak determined from an approved flood hydrograph. Both methods outlined above are open to a wide scale of interpretation and are subject to a case-by-case determination. For the Riverview Estates Addition (and for all subdivisions whose storm sewers discharge into the waters of the Elm Fork), it is recommended that the beginning hydraulic gradient be the 100-year water surface elevation of Elm Fork, unless engineer documentation is provided by the developer which confirms justification for a lower water surface elevation not to be below the 10-year design frequency. This information should be of sufficient detail to allow for a determination to be made based on accepted engineering practices. It is also recommended that the streets, alleys, or alleys, or finished lots be at a grade as required by the floodplain management ordinance %87390. It is our intent to work with you on determining a reasonable beginning hydraulic gradient for this project based upon sound engineering practice and judgment. We look forward to working with you on the project. If.you have any questions, please do not hesitate to call me or Gary Hendricks at (214) 363-1016. Sincerely, ~j -M. sh~hre~ ~anesh~ana] ~E~ L Acting City Engineer Gary Sieb, Director of Planning and Community Services Gary Hendricks, P.E., Plan Review Engineer msd/gch/bhJ rivervu.ltr MEMORANDUM DATE: TO: FROM: RE: September 5, 1991 Tayron Bowman, P & Z Coordinator ~I~L Gary Hendricks, Plan Review Engineer River~ Estates / Preliminary Plat and Plans The preliminary plat and the preliminary water and sewer layout plan for the Riverside Estates prepared by Nathan D. Maier is in general conformance with the City's subdivision regulations and design criteria. However, this plat should not be accepted for approval until issues related to the storm drainage and the beginning hydraulic gradient for the design of the storm drainage system are resolved. The qualifying note concerning drainage on the preliminary plat should be removed. cc: Shohre Danesh~and - Acting City Engineer riversd.mem