Loading...
Town Center SC/PP-CS 970424MEMORANDUM TO: Gary Sieb FROM: Pert Virtanen SUBJECT: Town Center Shopping Center DATE: April 24, 1997 After reviewing the Thompson & Knight letter to Pete Smith, I understand the request to be for City Council (municipal authority responsible for approving plats) to determine whether a plat is required under Subchapter A of Chapter 212 of the Local Government Code (Municipal Regulation of Subdivisions and Property Development, Regulation of Subdivisions). Section 212.004 of that Subchapter says clearly that an owner of land within a municipality who divides the tract into two or more parts to lay out lots must have a plat prepared, unless the division of land is into parts greater than 5 acres. This plat must be filed and recorded with the Dallas County Clerk. Mr. Sloan can read that as easily as anyone else, and is well qualified to advise his client what the answer to the question is. It was never our understanding that part of the property would be sold to Randall's prior to construction and that Randall's would seek a separate building permit to construct the Tom Thumb store. Ewing Properties led us to believe that Ewing would build the shopping center in its entirety. If the Tom Thumb store must be on fee simple ownership of land separate from the land under the retail/restaurant portions of the building complex, my best suggestion is a replat subdividing the tract as shown on the attached, and the provision of a landscape buffer between the north retail/restaurant area and the adjacent pavement. The south retail/restaurant area would require very little additional landscape buffer, largely because the pavement to the east of the structure is concealed by a screen wall.