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CC agenda approval on 10/9/01F C-OPP-ELL AGENDA REQUEST FORM CITY COUNCIL MEETING: October 9, 2001 ITEM # ]1~ ITEM CAPTION: Consider approval of the Wynnpage Plaza South, Site Plan and Minor Plat, request to allow the development of an approximately 4,700 square-foot office building on approximately .626 of an acre of property located along the west side of Denton Tap Road, approximately 210' south of Wynnpage Drive. SUBMITTED ~''x) TITLE: .... Dk-~tor~nning and Community Services STAFF COMMENTS: A PPRO VED BY CITY CO~'NCIL Date of P&Z Meeting: September 20, 2001 Decision of P&Z Commission: Approved (4-0) with Commissioners McGahey, Kittrell, McCaffrey, and Stewart voting in favor. Commissioner Clark could not participate in the discussion or vote due to Conflict of Interest (homeowner in the Wynnpage subdivision). None opposed. DATE l~,o"/-o/. _ Approval is recommended, subject to the following conditions: SITE PLAN CONDITIONS: (CONDITION MET) 3) 4) ' · · ^*' on, (CONDITION MET) (CONDITION MET) MINOR PLAT CONDITIONS: 2) ~"'"' ..... (COND~r~.C~ Co ..... o~...,,;..~ ..r x~r. ......u...,.. ,u....~;..;,~. ~..a ....,~ MET) Staff recommends approval. Agenda Request Form- Revised 5/00 ~WynpSMP CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Wynnpage Plaza South Site Plan and Minor Plat P & Z HEARING DATE: C.C. HEARING DATE: STAFF REP.: LOCATION: SIZE OF AREA: September 20, 2001 October 9, 2001 Andrea Roy, City Planner Along the west side of Denton Tap Road, south of Wynnpage Drive Approximately .626 of an acre of property approximately 210' CURRENT ZONING: C (Commercial) REQUEST: Site Plan and Minor Plat approval for the development of an approximately 4,700-square-foot office building. APPLICANT: HISTORY: TRANSPORTATION: Page 1 of 4 Developer: Mark Wainscott Wainscott & Associates 4815 Keller Springs Addison, TX 75001 Phone: 972-447-9119 Fax: 972-447-9110 Surveyor: Lane's Southwest Surveying 2717 Motley Drive, Suite B Mesquite, TX 75150 Phone: 972-681-4442 The subject property was originally platted as part of the 14-lot, 25.65-acre DTC Business Center, which was filed on January 6, 1987. On March 26, 1991, City Council approved the rezoning of the residential property to the west from C (Commercial) to PD- 115 SF-7 (Wynnpage single-family subdivision). As a result of the development of the Wynnpage residential subdivision, the DTC Business Center plat was vacated on May 8, 1992. The subject site remains unplatted at the current time. Denton Tap Road is a P6D, six-I to standard in a 11 O-foot right-of- Item# 8 me divided c.(merete r,~oA .... y i ATTACH ED TO C.C. PACKET , i ' ~uilt SURROUNDING LAND USE & ZONING: North -vacant, C (Commercial) South - vacant, O (Office) East - retail/vacant, C (Commercial) West- Wynnpage residential subdivision, PD115-SF7 (Single Family-7) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for mixed use, which includes office uses. DISCUSSION: Page 2 of 4 The applicant is requesting Site Plan and Minor Plat approval for the development of a one-story, 4,700-square-foot office building on approximately .626 of an acre of property. The site is situated along the west side of Denton Tap Road, in front of the Wyrmpage subdivision. It is assumed that future development of a similar nature and scale will be repeated to the north. Site Plan The design of the site provides for the current proposal and additionally, lays the groundwork for future development to both the north and south. Access to the site has been provided through a curb cut on Denton Tap Road. This drive will serve as the fire lane/mutual access drive through the site, connecting to Wynnpage Drive. At the direction of the Fire Marshal, for matters of health and safety, the entire fire lane/mutual access drive will be constructed in conjunction with development of this site. While the accessibility to Wynnpage Drive has been questioned by residents in the past, a letter dated March 1, 2001, from the City (as directed by the City Attorney) has been included to confirm our position on this matter. The applicant has also provided a stubbed-out firelane/mutual access drive against the south property line. Staff has recommended that the applicant extend the stubbed-out fire lane/access drive to the southern property line, to allow for future connections to the undeveloped property to the south. Additionally, staff has included conditions regarding technical drafting errors which must be remedied prior to City Council review of the Site Plan and Minor Plat requests. The proposed building will be served by 25 parking spaces, well exceeding the 16 required spaces for a business or professional office. However, parking is inadequate if a medical/dental use wishes to locate within this building, as the parking requirement for a medical use would be 27 parking spaces. Otherwise, the site is in full compliance with all applicable codes and ordinances. Staff has one concern regarding the proposed placement of the dumpster, which appears to be located in a relatively visible location. On several occasions staff has recommended Item# 8 that the applicant consider alternative locations for the dumpster, but it remains unchanged. Staff recommends that the applicant again consider an alternative location for the dumpster, unless they can convey to staff that alternative placement is not feasible. If the Planning Commission has no objection to the location of the dumpster, staff would ask that the applicant ensure staff that this dumpster will serve more than one building, preventing the addition of up to two more dumpsters with future development. The proposed building will be one-story, measuring approximately 21' to the mid-point of the roof and 31' to the peak. The primary building material will be red brick, with cast stone accents along the top of windows and on columns at the water table. Windows and doors will be bronze aluminum with tinted glass. Copper colored metal vents will serve as dormers on the roof, as well as building wall accents. Staff commends the applicant's efforts to design a building similar in style and scale to other area office buildings, as well as the adjacent residential structures. Landscaping The proposed landscape plan fully provides the required interior, perimeter, and non-vehicular landscape areas and actually exceeds the overall area requirements. In order to address perimeter landscaping along the north property line, which falls within the mutual access driveway, the applicant has provided the full 10' landscape buffer along the north property line adjacent to the dumpster and along the northern row of parking. While not provided in a traditional manner, it is staff's interpretation that the design meets the spirit and intent of the Zoning Ordinance in providing a buffer and relief between properties. Staff has made one recommendation to the applicant regarding the interior landscaping; i.e., shit~ or relocate the proposed parking lot light pole to provide the required tree within the landscape island. Additionally, staff would ask that the applicant ensure that proper tree spacing has been observed. Staff is concemed that 3"-caliper Cedar Elm trees spaced 15' apart is too close. Minor Plat In conjunction with the Site Plan, the applicant is also requesting approval of the Minor Plat for the approximately 27,312-square foot lot. Staff has no objection to the Minor Plat, with minor corrections by the applicant with regard to the notation of the lot size and spelling errors. While only Lot 1 is being platted at this time, the fire lane must be constructed on and off-site to adequately serve the property. It has been noted that the fire lane will be recorded via separate instrument, with no objection from staff. Page 3 of 4 Item# 8 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Wynnpage Plaza, Site Plan and Minor Plat, subject to the following conditions: SITE PLAN CONDITIONS: 1) Extend the stubbed-out fire lane/mutual access drive to the south property line. 2) Relocate proposed dumpster to a less visible location within the site. 3) Relocate or shift proposed light pole at the rear of the site, in order to provide the required tree within the landscape island. 4) Increase spacing between Cedar Elm trees to a minimum of 20'. 5) Remedy inconsistencies among plan sheets; ensure consistent notation of lot size. 6) Eliminate notation to an off-site monument sign on the landscape plan. MINOR PLAT CONDITIONS: 1) Remedy inconsistencies on Minor Plat, with regard to lot size. 2) Correct spelling of Wynnpage on both the vicinity map and note. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take Site Plan under advisement for reconsideration at a later date. ATTACHMENTS: 1) 2) 3) 4) 5) Letter of March 1, 2001 Minor Plat Site Plan Landscape Plan Elevations Page 4 of 4 Item # 8 March 1, 2001 T H E G I T Y 0 F The Right Solution Mr. Glenn Harvey, P.E., C.P.I.M. 133 Wrenwood Coppell, TX 75019 Re: Wynnpage Drive Right of Way Dear Mr. Harvey, As indicated to you, I have received your letter of February 16, and forwarded it to our City Attorney for review. That review has now been completed, and the City's position is the land dedicated for Wynnpage Drive is public right of way, and the abutting owner on both the north and south side of that right of way is entitled to access to the street. That being the case, I can not administratively approve the landscape plan you asked us to review. If you wish to pursue the landscaping concept, a revision to Planned Development District 115 will be required. In reviewing your request, our attorney pointed out that there is dedicatory language on the plat that places no restrictions on access to Wynnpage. In addition, case law serves to support our position. Among the cases cited by our attorney: Gulf Sulphur Co. v Ryman, 221 S.W.2d 310 (Tex. Civ. App. - Galveston 1920) McCraw v. City of Dallas, 420 S.W.2d 793 (Tex. Civ App. - Dallas 1967) Chambers County v. Frost, 356 S.W.2d 470 (Tex. Civ App. - Waco 1962, writ ref'd n.r.e.) Pittman v. City of Amarillo, 598 S.W.2d 941 (Tex. Civ App. - Amarillo 1980, writ ref. n.r.e.) H. Rouw Co. v. Thompson, 194 S.W.2d 120(Tex. Civ App. - San Antonio 1985, writ ref'd.) Ellis v. dansing, 620 S.W.2d 569 (Tex. 1981) Our attorney also cited Section 16.030 of the Tex. Civ. Prac. & Rem. Code which states in relevant part, "a person may not acquire through adverse possession the right or title to real property dedicated to the public use." As mentioned above, if you wish to pursue your landscaping concept, an application would be filed with the Planning Department. Be cautioned, however, that we would review your request with our legal opinion in mind, and require breaks in the landscaping for future access to Wynpage Drive from both the north and south. 255 PARKWAY ~' PO BOX 478 ~, COPPELL TX 75019 ~' TEL 972/462 0022 ~' FAX 972/304 3673 I thank you for your interest in adding landscaping to your subdivision and would welcome a PD amendment request. (~ai'y ~L. Sie~o, AICP pirector of Planning and Community Services CC: Jim Witt, City Manager Bob Hagar, City Attorney file z~ Law Offices of G M. VODICKA Attorney and Counselor at Law 222 W. Las Colinas Blvd. Suite 1750 Irving, Texas 75039 (972) 501-1481 FAX: (972) 393-4590 July 27, 1999 Mr. Doug Tatum 7480 Dallas Parkway Suite 110 Dallas, Texas 75287 Via CertifiedMailRRR Z 210 081 107 Mr. Waymon Levell, President First Southwest Properties 2331 Gus Thomasson Suite 126 Dallas, Texas 75228 Via CertifiedMailRRR Z 210 081 108 RE: Final Plat of WYNArPAGE Recorded in Volume 92001, Page 2952 of the Plat Records of Dallas County, Texas; Declaration of Covenants, Conditions, and Restrictions for WYNArPAGE ESTATES Recorded in Volum~e 92072, Page 1519 of the Deed Records of Dallas County, Texas; and O~ulership of Rights Declared Therein. Dear Gentlemen, I have been retained by Mr. Paul Shea, President of the Wynnpage Homeowners Association, to inquire into and address your recent allegations concerning your alleged claim that Mr. Levell, or whatever corporation or partnership he is acting as principal therefor, owns the land on each side of Wynnpage Drive, the entrance to the subdivision, and up to the brick retaining wall. As a precursory comment, this issue arose approximately two years ago. At such time, Mr. Shea stated to Mr. Levell that the homeowners association owned the land. We cursorily reviewed the Plat and the Declaration at such time and felt that he was correct. Since it has now become an issue again, Mr. Shea asked me to look into the matter more thoroughly. From a review of the Final Plat, recorded in Volume 92001, Page 2952 of the Plat Records of Dallas County, Texas, the Declaration of Covenants, Conditions, and Restrictions for WYNNPAGE ESTATES Recorded in Volume 92072, Page 1519 of the Deed Records of Dallas County, Texas, the relevant Texas statutory and case law authorities, and physically measuring the property, it is my opinion that Wynnpage Homeowners Association owns the property in question. Once your lawyers or the lawyers at your title company look into the matter, I feel certain they will reach the same conclusion. I have enclosed under cover of this letter Exhibit "A", Exhibit "B", and Exhibit "C", a copy of the relevant portion of the Final Plat, a copy of the pertinent pages of the Declaration, and a copy of a letter dated January 26, 1994 from Wynnpage Estates, Ltd. to Mr. Shea, respectively. The copy of the Final Plat, Exhibit "A", which I have provided for you, contains the relevant portion of the surveyor's drawing along with the whole right side of the recorded Plat. In the Owner's Certificate at top right is contained the specific property description by metes and bounds, followed by more general language below. The relevant part is as follows: "THENCE in an Easterly direction along said curve to the left having a central angle of 19'14'53", a radius of 496.17 feet, and an arc length of 166.68 feet to a 1/2 inch iron rod found in the West line of Denton Tap Road (110 foot wide Right-of- Way); THENCE South 00*22'00" East along the West line of said Denton Tap Road, a distance of 80.00 feet to a 1/2 inch iron rod found at the beginning of a curve to the right whose chord gears North 77*22'32" West;" It is conspicuously clear that the land conveyed included 80 feet and includes such as it curves around to follow the contour of the road. The street Right-of-Way only contains approximately 50-54 feet, depending on where it is measured. This means that the Wynnpage Homeowners Association owns the remainder of the land, approximately 12 to 14 feet on each side of the street right-of- way. Moreover, when examining the instrument, this is internally consistent with the surveyor's drawing and signature which indicates 40 feet on each side of the center Wynnpage Drive and Denton Tap. The Legend on the Final Plat also references the 1/2" IRF which means "Iron Rod Found". The Declaration of Covenants, Conditions, and Restrictions for Wynnpage Estates, (hereinafter "Declaration"), recorded in Volume 92072, Page 1519 of the Deed Records of Dallas County, Texas, Exhibit "B" contains the following pertinent provisions on Page 1. "THAT Wynnpage Estates, Ltd., a Texas Limited Partnership (the "Declarant"), is the Owner of all that certain tract of land platted and described as Wynnpage Estates (the "Addition"), an addition to the City of Coppell (the "City"), Texas, according to the plat thereof (the "Plat")... "Declarant hereby declares that all of the property described above shall be held, sold and conveyed subject to the following ... which are for the purpose of establishing a general schema for the development of all of the lots in the Addition and for the purpose of enhancing and protecting the value, attractiveness and desirability of said lots and which shall run with the land and be binding on all parties having or acquiring any right, title or interest in the property or any part thereof, and which shall inure to the benefit of each Owner thereof." In Article I, the definitional section, on Page 2 under subsection (e), (j), and (k) the words "Common Properties", "Plat", and "Properties" are defined to include the following: "(e) "Common Properties" .. and (vii) any areas of land, improvements or other property rights within the properties which are known, described or designated or which shall subsequently become known, described or designated as Common Properties intended for or devoted to the common use and enjoyment of the Owners, together with any and all improvements that are now or may hereafter be constructed thereon." "(j) "Plat" shall mean and refer to the Plat recorded in Volume 92001, Page 2952, of the plat Records of Dallas County, Texas." "(k) "Properties" shall mean and refer to all of that certain tract of land platted and described as Wynnpage Estates, an Addition to the City of Coppell, Texas according to that Plat." Under Article XI, entitled "Use of Common Properties" it is also clear that any owner is liable to the Association, and can be fined or assessed accordingly, for any damage said Owner causes to the common properties. The Wynnpage Homeowners Association has full rights of ingress and egress over the Common Properties. Most telling is Section 11.4 Maintenance of Common Properties. It reads in full as follows: "Ail landscaping and improvements placed or erected on the Common Properties by Declarant shall be owned and maintained by the Association." Consistent with its ownership and record title, the Wynnpage Homeowners Association has maintained and paid for ali landscaping to the common properties, including but not limited to, mowing, watering, trimming, planting flowers and shrubs, electric, and maintaining the brick entrance sign - Wynnpage. It is then no small surprise that Wynnpage Estates, Ltd., the grantor and transferor under the Declaration, wrote Mr. Shea the letter referenced in Exhibit "C" on January 26, 1994 advising him that effective February 1, 1994, it would no longer be maintaining the common properties and subsequently canceled the landscape maintenance contract, water service and electric service. The letter refers to the City of Coppell Utility Department (water) "So. side Wymmpage entrance" This letter alone would legally estop Wynnpage Estates, Ltd. or Mr. Levell or whatever entity he controls from claiming any ownership interest in and to the common property land, as would the Declaration. It is not only patently inconsistent but is somewhat pretentious for him or anyone acting at his direction to now claim that he or his privies own the land. When one reads and examines the Final Plat and the Declaration, we believe that no legitimate claim can be asserted that anyone other than Wynnpage Homeowners Association owns the land included in common properties or identified in the plat. Texas law provides that in construing a plat, the general rules governing the construction of deeds or other instruments granting real property are applicable. Jupe V. City of Schertz, 604 S.W.2d 405 (Tex. Civ.App. - San Antonio 1980, writ ref'd n.r.e.); Priolo v. City of Dallas, 257 S.W.2d 947 (Tex. Clv.App. - Dallas 1953, writ ref'd n.r.e.). A description by metes and bounds, being a specific description, prevails over a general description. Law, ers Title Ins. Corp. v. McKee, 354 S.W.2d 401 (Tex. Civ.App. - Fort Worth 1962). The Texas Supreme Court is clear that where the grantor conveys specifically by metes and bounds, so that there can be no controversy about the land included and conveyed, the general description will not control the specific and particular description about which there can be no mistake. Southern Pine Lua%ber Co. v. Hart, 161 Tex. 357, 340 S.W.2d 775 (1960). In Southern Pine Lumber Co., supra., the Texas Supreme Court cited its prior holding, to wit: "Where a grantor conveys specifically be metes and bounds, so there can be no controversy about what land is included and really conveyed, a general description, as of all of a certain tract conveyed to him by another person, or, as in this case, all of a survey except a tract belonging to another person, cannot control; for there is a specific and particular description, about which there can be no mistake, and no necessity for involving the aid of the general description." Cullers v. Platt, 81 Tex. 258, 16 S.W. 1003" The Wynnpage Plat contained the specific metes and bounds description of the land conveyed, as quoted hereinabove in bold, and such would control over any other general language contained in the Dedication part of the Plat (the dedicatory language below the metes and bounds) or the Declaration, even assuming arguendo that your lawyers could find any general language which would indicate the contrary. Assuming arguendo you can find someone to assert a colorable claim otherwise, it would be fruitless and to no avail. If the language of a deed (in this case Plat and Declaration) leaves any doubt as to the grantor's intention, and conflicting clauses cannot be reconciled, the deed will be construed so as to convey the greatest estate that the terms of the instrument will permit. Reeves v. Tower]z, 621 S.W.2d 209 (Tex. Civ.App. - Corpus Christi 1981, writ ref'd n.r.e.). The deed will be construed in a light most favorable to the grantee. Reeves, supra. If a deed is susceptible of 2 constructions, the one most favorable to the grantee will be adopted. Victoria Bank & Trust Co. v. Cooley, 417 S.W.2d 814 (Tex. Civ.App. - Houston (14th Dist.) 1967, writ ref'd n.r.e.). Therefore, the grantee has the right, as against the grantor, to select the description most favorable to the grantee if the deed contains inconsistent descriptions, McBride v. Burns, 88 S.W. 294 (Tex. Civ.App. 1905, writ dism'd), or statements with respect to the quantity of land conveyed. Standefer v. Miller, 182 S.W. 1149 (Tex. Civ.App. - Amarillo, 1916). There is also Federal 5th Circuit authority and other Texas Supreme Court decisions, too numerous to spend time citing, which hold that the deed, instrument or document is to be construed against the one who drafted it. Mr. Shea informs me that you or your agents drafted every word of the Declaration and/or the Final Plat, and simply mailed it to him ex post facto. We did not draft one letter, let alone one word, of the Final Plat or the Declaration and were not asked our opinion or to contribute thereto in any way, shape, or form. As is probably the case, we feel certain that the documents were drafted by Mr. Levell or his attorneys or agents. We believe the evidence is clear who drafted the governing instruments. Based on the foregoing, we believe it has been established with unassailable cogency that Wynnpage Homeowners Association owns the land included in the common properties specifically identified under the metes and bounds delineated in the Final Plat. As a trial lawyer, this is the kind of matter which lends itself to quick summary judgment fodder. We would kindly request you refrain from assuming otherwise or calling Mr. Shea (or any other Wynnpage Homeowner for that matter) and asserting otherwise. Apart from the legal reasons, there are cogent policy reasons why we do not want to give you or anybody else our land. The City of Coppell prides itself on having very nice neighborhoods which are aesthetically pleasing. Preserving and maintaining the entrance to our subdivision, with its small amount of green belt area on each side of Wynnpage Drive increases the distinctiveness and aesthetic value of the subdivision. Secondly, cutting a road through our land would also add a significant traffic burden on the residents of our subdivision. Running an extra 100 to 200 cars per day through to the middle of Wynnpage Drive, west of our brick sign, would make getting into and exiting our subdivision more bothersome. Moreover, with the increased traffic on Denton Tap over the last 4 to 5 years (and more in the foreseeable future), when one travels north bound on Denton Tap and turns left into the subdivision to avoid the oncoming and often speeding cars during rush hours, to have to hit the brakes or stop immediately after turning left onto Wynnpage because of cars cutting through to the middle of Wynnpage would pose a safety hazard. Lastly, and most importantly, the City of Coppell prides itself on having good and safe neighborhoods where children play. And as has happened on all too frequent occasion, small children ride their bikes or skateboards periodically up the small sidewalk in our common property, or walk up there to play in the grass. To have 100 to 200 extra cars per day entering or exiting through a supposed easement cut through our land into Wynnpage Drive would put them at risk. A risk we cannot take. Sincerely, cc: Mr. Gary Sieb Director of Planning 255 Parkway Blvd. Coppell, Texas 75019 Via CertifiedMailRRR Z 210 0BI 109 '1- Robert E, Hagcr g-nmll: rhagerCa~njdhs.com r'-I[CHOLC_, JI-RCI c_,Ol..l 13ILLA4 9E, 5 NICHOLS, ~ACKSON, DILLA~, ~GER & SMI .... L.L.E A~orneys & Counselors at La~ nO~aT 1800 Lincoln Plea O~ ~SEL (2 }4) 965-9900 ~a~ (~i4) 9~-0010 February 28... 2001 Mr. Gary Sieb Director of Planning City of Coppell 255 Parkway Boulevard P. O. Box 478 Coppell, Texas 75019 CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED COMMUNICATIONS RE: Wynnpage Drive Right-of-wa)) Dear IVlr. Sieb: You have l'brwarded to us a letter w~itteu by an attorney, Gary M. Vodicka, for and on behalf' of the Wynnpage Homeowners Association regar&ng the public right-or:way from Denton Tap Road to the beginning of the Wynnpage Subdivision. which is the shaded area depicted on Exhibit 'A" attached hereto to tl~is letter. It is our understanding that thc Wynapag¢ Homeowners Association has placed or proposed to place landscaping within the eighty (80') foot right-of-way from Denton Tap Road to its point of entry and continuing on to Wynnpage Drive as it enters the subdivision. The recorded plat has indicated a dedication of a public-right-of-way from Denton Tap Road with an eighty (80') loot frontage to the point of beginning of the actual subdivision itself, which narrows to a widtl~ of sixty (60') feet In reviewing this matter ,o.'c have been asked to opine whether or not the Homeowners Association or private property owner has a right to place within the City dedicated right-of-way landscaping or otherwise obstruct access to adjacent parcels of land not owned by the Homeowners Association~. Correspondingly, access to Denton Tap Road was contemplated to the shaded tight-of-way. It appears fi'om the records we have reviewed in this matter that neither the Homeowners Association or private property owner within Wynnpage Subdivision owns either the northern or southern lots which are adjacent the public right-of-way that runs from Denton Tap to the beginning of thc Wynnpage Subdivision. As a result thereof, those lots would access Denton Tap through Wynnpage Drive. The northern and southern parcels adjacent to the right-of-way in E~hibit "A" are owned by LT Real Estate Corporation. ' F R N I C H 0 L S D I LLA4 965 8818 T 0 97£30478B3 P. Mr Gary Sieb February 28,2001 Page 2 The plat and the dedicatory language thereon contain no limitations. Specifically. we quote the following from the filed plat: "that the easements being hereby dedicated for the mutual use and accommodation for the City of Coppetl and all public utilities designed to use are using the same. And an)' public utility in the City of Coppell shall have the right to remove all and any part of any buildings, fences, trees, shrubs, or other improvements or [~roxvth which in an), way endanger o~' interfere with construction, maintenance, or effictency of its respective systems on said easements in the City of Co?pell and all pubhc utilities shall, at all times, have the full right of ingress and e~re. ss upon said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing ali of the respective systems without the necessity at an)' time of procuring permission from anyone." This dedicatory language appear~ in the filed plat signed by the previous owner and filed in the Dallas County Deed Records. Hence. the City has obtained a dedication of a public right-of-way and it enjoys stewardship by the City. Gu!~ ~guiphz~r C'o. '~;. R.vm~'m., 22l S.W.2d 310 (Tex. Civ. App.-- Galveston 1920); A~/c Craw v. City of Dal/cts, 420 S.W.2d 793 (Tex. Civ. App. --Dallas 1967, writ ret'd n.r.e.). Thus, once there has been a dedication of a street that is the setting apart of land for public use as a public right-oI:way or easement by the people Ibr the public related uses within the municipality Land dedicated for public use as a street may be utilized to conform to modern plans for traffic acceleration, control and access to adjacent properly. When a road or street is dedicated to public use, t?~c governmental entity requires an easement of the street for the benefit of the pnblic. Further, the easemeut held necessarily carries with it the right to use and control as much of the sur,ihce or subsurtktce that is reasmnably necessary for public access and use. Unless a dedication states otherwise, the abutting landowner acquires the fee simple title subject to tt~e public easement. In addition, it is well settled that when the owner makes a dedication and the same is accepted (that is by acceptance of the plat) the public becomes vested with all the rights that are consistent with the public use of the property Chambers C'ounrv v. Fro..;t, 356 S.W.2d 470 (Tex. Civ. App.--Waco 1962, writ ref'd n.r.e). The public rights extend to the surface that is consistent with the public use of the property and not to invade or violate the rights of others. Furthermore, the dedicator retains all rights and land that are not necessary for the enjoyment or use by the public. Hence, those portions of the depicled easement on the plat for Wynnpage Subdivision are an encumbrance or burden to the underlying fee. The public policy consideration also dictate that public determination of proper access should be under the stewardship of the public for mutual benefit. The public dedicated right-of-way is a burden or limitation, or encumbrance on ~ ,£88! ,C1Fj:39 FRi NI~iHOL~; J~(i!: SOIl [;,ILLF~4 96,5 gOlO TO Mr Gary Sicb February 28, 2001 Page 3 - -' the ownership of the underlying fee title. Cite omitted. Pittman v. City of Amarillo, 598 S.W.2d 94l (Tex. Civ. App. - Amarillo 1980, writ ref. n.r.e.). Moreover, a party may expressly reserve rights that ordinarily would pass to the public where there is a legitimate purpose for the reservation when it ~s cleariy shown on the plat or dedicatory instrument. H. Romv Co. :,. Thompson, 194 S.W.2d 120 (Tex. Civ. App. -- San Antonio 1985, ~,wit refd). In the circumstances that are currently before us, it appears that the Wynnpage Homeowners Association desires to place landscaping and other anaenities within the public right-of-way. It is our understanding that they have no license or other right granted from the City to place such items within the right-of-way. Moreover, it appears that the owner of the northern and southern tracts which abm the right-of-way from Wynnpage to Denton Tap desires now to develop that property, inasmuch as the public access would be impeded as a result of the placing shrubs or other landscaping items in an area which is soughz to be utilized as ingress and egress from the property to a public street, the Homeowners Association are not within right to preclude that use without the express written permission of the City. To the extent that we have received a lecture from Mr. Vodicka regarding the use of the common areas and common property within the (,3it>', we are loss as to understand his "unassailable cogency of the Wynnpage Homeowners Association". It is clear in the case of Ellis v. &rasing, 620 S.W.2d 569 ('rex. 1981) that a statute specifically precludes adver,~e possession of property dedicated to the public use. Hence. tl~e fact that the City has not utilized all of the right-ol'-way or has t'ailcd to use the right-of-way at the cun-ent date does not indicate an abandonment or an adverse use by thc Homeowners Association. We specifically cite to you .( 16.030 of the Tex. Civ. Prat. & Rem, Code which states in relevant part, "a pe,-son may not acquire throt, gh adverse possession the right or title to ~eal property dedicated to the public use". Hence, it is our position in this case that the public right-of-way as depicted on the plat and map filed with the City regarding the dedication of the public street from Denton Tap to entryway of Wynnpage remains within the pubhc dedicated riglxt-of-way of the City of Coppell, Texas, and as such, an adjaccnt property owner may have access to the public roadway from their land to the public right-of-way as it intersects their property. There is no indication on the maps and plats nor can we find that the Homeowners Association has any right, title, and/or interest to interfere or otherwise impede access to the public right-of-way. D I LLA4 P. O5,'_PE, Nlf. Gary Sicb February 28, 2001 Pa6e 4 Thank 5,Oll for your attention lo this matter. at your convenience. REH/cdb If you have any questions please contact us Very truly yours, NICHOLS, JAC_/~N, DILLARD, Robert E. Hag~ OCT FR N I CHOLS JACKSON DILLA~ 9S5 TO EXHIBIT "A" 1,2.59' : 2 Ch m 1 ~'"dm~ CL~ Og CopIMIIX~, ~XAB 1C~ ~ 04-"24-'07" 496.17" 38.12' $ 75'19'11' E %. ' / ' ./ I R = ,1.g6.17' ~- ~:-- ! ! / I t =166.68' ~ / ~ ~m LUCY ?- BECNAP eL. al ~/2' qRr ~ ~; VOLUUg B1~44, PACE 2410 ~ ~ ~ O,R.O.C-?. ;: '.,..:..~,-- -- ~' ~ , ~;,,~ . . ~ ,. · . ; .,';.,¢ -~S 00~200 E 80.00' N 77~'$2" W = N 67~5'18" W P.;ux 's' uA;'~c~.er R P ; TOTAL PAGE Minutes of February 21,~ 1991_. The [lann~ng and Zoninq Comm~Q-~n of the City of Coppell met in pre-session a~ '/:uu p.m., and in regular session at 7:30 p.m., on Thursday, February 21, 1991, at the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Vice-Chairman, Robert Green Commissioner, Charles Cotten Commissioner, Melvin Gross Commissioner, George Redford Commissioner, Marsha Tunnell Chairman Munsch and Commissioner Mayo were absent. Also present were Director of Planning and Community Services Gary L. Sieb, P&Z Coordinator Taryon Bowman and Administrative Secretary Linda Glidewell. Vice-Chairman Green called the meeting to order and everyone was asked to stand while Commissioner Gross gave the invocation. Item 4: Approval of Minutes of January 17, 1991 Commissioner Gross moved to approve the minutes of January 17, 1991, with a change to Item #5, it should state the vote was {4-2) not (3-2). Commissioner Cotten seconded the motion; motion carried (5-0) with Vice-Chairman Green and Commissioners Cotten, Gross, Redford and Tunnell voting in favor of the motion. Item 5: Consider request for a zoning change, Case #PD-115, from (C) Commercial to (PD-SF-7) Planned Development Single-Family-7, located approximately 1,047 feet south of Sandy Lake Road, along the west side of Denton Tap Road, at the request of Siepiela Interests, Inc. Director of Planning Gary L. Sieb introduced the item to the Commission. Mr. $ieb stated that this request contains 20.37 acres. The request is for a single-family detached development. Mr. Sieb further stated that he has held meetings with the developer and surrounding property owners over the past two weeks. Forty-two notices were mailed out to surrounding property owners, with two responses being returned in favor of the request and three responses being returned in opposition. Mr. Sieb stated that drainage is a big issue concerning this request; however, drainage i~ ~0rmally worked out during the platting process. iC.C. PACKET Minutes of February 21, 1991 Planning & Zoning Commission Page 2 Mr. Jim Siepiela of Siepiela Interests was present to represent this item before the Commission and answer any questions. Mr. Siepiela stated that he also has met with some of the property owners adjoining this development. Mr. Siepiela stated that he also felt the drainage issue was one of the major concerns with this subdivision, which they will attempt to work out. At the request of the surrounding homeowners, they have agreed to go from 1650 square foot minimum house size to 1850 square foot minimum house size. Mr. Siepiela then stated that they have also agreed to build a screening fence along the western property at the time they develop the subdivision. Vice-Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. Those persons speaking were: J.C. Thweatt Rt. 1, Box 188, Denton Tap He then asked for persons wishing to speak in opposition to the request. Those persons speaking were: Paula Lavelle Chuck Faerber Barbara Bailey Sandy Ryder Buddy Carter David Moore Mary Evelyn Mobley Becky Bedford Michael Speck Noble Fortson Chris Bukaty Dan Sexton Julie Speck Mark Pinter Pat Thompson Monte Daly 203 Fieldcrest Loop 226 Southern Belle 232 Plantation 252 Plantation 202 Carolina Court 228 Plantation 709 S. Coppell Road 236 Plantation 222 Southern Belle 224 Plantation 244 Plantation 216 Plantation 222 Southern Belle 248 Plantation 140 Fieldcrest Loop 206 Richmond Court The public hearing was then declared closed. At this time Commissioner Cotten asked Vice-Chairman Green to clarify for the audience that the notices mailed to property owners were not from the developer, but rather from the City. The notices were mailed to property owners within 200 feet of the proposed zoning change. Minutes of February 21, 1991 Planning & Zoning Commission Page 3 Following discussion Commissioner Gross moved to deny Case #PD-115 without prejudice. The motion died due to the lack of a second. Commissioner Cotten then moved to approve Case #PD-115 with the following conditions: · 7,400 square foot minimum lot size · 66 foot minimum lot width · 8 foot minimum side yard · 25 foot minimum front yard · 20 foot minimum rear yard · 79 lots maximum · 1,850 square foot minimum air conditioned house size 8 foot wooden screening fence with cap on western boundary 6 foot masonry screening fence on southern boundary (Lots 10-15) and 6 foot wooden screening fence on remainder (Lots 3-9) of lots in Block A 6 foot minimum masonry screening fence on eastern and northeastern residential boundary landscaping on outside of southern masonry fence along Plantation establishment of homeowners association to maintain screening fences and all common areas · maximum one story structures on Lots 11-26, Block A . alleys throughout subdivision landscaping as shown on plans Commissioner Gross seconded the motion; motion carried (5-0)  with Vice-Chairman Green and Commissioners Cotten, Gross, Redford and Tunnell voting in favor of the motion. The Commission recessed for a short break at this time. Item 6: Consider request of a replat of Lot 12-R, Block A, Shadow Woods Addition, located near the southwest corner of Coppell Road and Thweatt Road, at the request of Centex Real Estate Corporation. P&Z Coordinator Taryon Bowman introduced the item to the Commission. Ms. Bowman stated that this request is for a replat of Lot 12-R of Shadow Woods Estates· The original plat was approved by the City Council in July of 1989. She further stated that the purpose of this request is to prevent a boundary dispute with the property owners to the south, of the Irby Addition· Ms. Bowman then stated that staff recommends approval of this request· P & Z HEARING DATE: C. C. HEARING DATE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT WYNNPAGE ADDITION - FINAL PLAT July 22, 1991 August 13, 1991 LOCATION: Approximately 1,400 feet south of Sandy Lake Road, and 200 feet east of Denton Tap Road. SIZE OF AREA: 20.72 Acres. REQUEST: Approval of a final plat as submitted. APPLICANT: Siepiela Interests, Inc. (Owner) 5001LBJ Freeway, Suite 830 Dallas, Texas 75244 (214) 960-2777 Unzicker, Schnurbusch and Associates, Inc. (Engineer) REP: Kevin Kendrick 8700 Stemmons Freeway Suite 400 Dallas, Texas 75247 HISTORY: A PD, Case #PD-115, was approved by the City Council on March 26, 1991, with conditions as follows: 1) 9,000 square foot lot minimum on Block A, lots 15-27 (along the western boundary), 8,450 square foot lot minimum on Block A, lots 13 and 14, remaining lots 7,400 square foot minimum; 2) 75' minimum lot width for Block A, lots 19-27, remaining lots - 66' minimum lot width; 3) minimum side yard - 8' 4) minimum rear yard - 20' 5) minimum front yard - 25' 6) minimum size of structures - 1,850 square feet 7) maximum height of structures - 1 story on Block A, lots 13-27, remaining lots - 2 story; 8) screening - a) 8' wooden screening fence (with metal posts and caps) along the western boundary, b) 6' masonry screening fence on southern boundary (along Block A; lots 13-17), ITEM 12 C) 6' wooden screening on Block A, lots 5-12 d) 6' masonry screening fence along the eastern and northeastern residential boundary, 9) provide landscaping along the southern side of southern masonry fence, 10) establish a homeowners association to maintain screening fences and all common areas, 11) landscaping to be provided as shown on plans, 12) the preliminary and final plat must be submitted along with acceptable drainage plans 13) Maximum number of lots - 78 TRANSPORTATION: Wynn Page Drive will become the main access road into the sub-division off Denton Tap Road, and a second access will be provided on the north side of the property as the parcel to the north develops. ANALYSIS: Wynnpage Addition was first submitted as a planned development with an assortment of conditions ranging from limitations on heights of structures, to adding landscaping elements along the borders of adjoining properties. A considerable amount of effort has been put into the PD and the plat, on the part of the neighborhood groups, Planning and Zoning Commission, City Council and staff, to assist in the formation of a subdivision that will be a benefit to the community. The final plat for Wynnpage reflects all of the conditions of approval as a part of Case #PD-115. Staff recommends approval of the plat as submitted. ALTERNATIVES: 1) Approve the final plat as submitted 2) Deny the final plat ATTACHMENTS: 1) Final Plat WYNPGSTF Zoning Commiss~ion ) ,__...:~--~--~ 4) that the developer use chemical algae prevention in ~intaining the pond, as well as a fou~ntain aeration device, 5) that there be a 25 foot building line throughout the development, and 6) that there be a Homeowners Association created, and the purchaser be notified of the Association, as a part of the contract of sale Commissioner Redford seconded the motion; motion carried (5-1) with Chairman Munsch and Commissioners Mayo, Redford, Cotten and Gross voting in favor of the motion, and Commissioner Green voting against the motion. Item 9: Consider request for approval of a preliminary plaJ: of Wynnpage Addition, located approximately "50U feet north of Sandy Lake Road, along the east side of Lodge Road, at the request of Siepiela Interests. P&Z Coordinator Taryon Bowman introduced the item to the Com~ission. Ms. ~wman stated that this request is located on 20.377 acres of land. She also stated that the zoning for this property was approved one month a~. At the time this item went to City Council, they added additional conditions, which include: 1) 9,000 square foot lot minimum on Block A, lots 15-27 (along the western boundary), 8,450 square foot lot minimum on Block A, lots 13 and 14, remaining lots 7,400 square foot minimum; 2) 75' minimum lot width for Block A, lots 19-27, remaining lots - 66' minimum lot width; 3) minimt~m side yard - 8' 4) minimum rear yard - 20' 5) minimum front yard - 25' 6) minimum size of structures - 1,850 square feet 7) maximum height of structures - 1 story on Block A, lots 13-27, remaining lots - 2 story; 8) screening - a) 8' wooden screening fence (with metal posts and caps) along the western boundary, b) 6' masonry screening fence on southern boundary (along Block A; lots 13-17), c) 6' wooden screening on Block A, lots 5-12 d) 6' masonry screening fence along the eastern and northeastern residential boundary, 9) provide landscaping along fha southern side of southern masonry fence, Minutes of April 18, 1991 ?lanning & Zoning Commission Page 6 Item 10: I0) establish a homeowners association to maintain screening fences and all common areas, 11) landscaping to be provided as shown on plans, 12) the preliminary and final plat must be submitted along with acceptable drainage plans 13) Maximum number of lots - 78 Mr. Lynn Meyer of Unzicker, Schnurbusch and Associates was present to represent this item before the Commission and answer any questions. Following discussion, Commissioner Gross moved to approve the preliminary plat of Wynnpage Addition with the following conditions: 1) with the lot numbers corrected as stated by Taryon Bowman, 2) that there be minimum 9,000 square foot lots on parcels 15-27, and minimum 8,450 square foot lots on parcels 13 and 14, 3) maximum height be one story in Block A, lots 13-27, and 4) all other requirements required by City Council be adhered to Commissioner Cotten seconded the motion; motion carried {5-1) with Chairman Munsch and Commissioners Redford, Green, Cotten and Gross voting in favor of the motion, and Commissioner Mayo voting against the motion. Consider request for approval of a final plat of Pecan Ridge Estates, located at the northwest corner of Sandy Lake Road Lodge Road, at the request of Ron Fraze. and Director of Planning Gary L. Sieb introduced the item to the Commission. Mr. Sieb stated that the plats for Pecan Ridge and Pecan Valley are almost identical, and located across from one another. He stated that the staff recommendation was that staff would be in favor of this plat provided the applicant had made considerable progress in obtaining Lodge Road improvements, which was a condition of the zoning approval by Council. Mr. Sieb then stated that there is a contract that Mrs. Ihnfeldt has verbally agreed to. Therefore, staff would recommend approval of this plat. Mr. Ron Fraze of Gateway International was present to represent this item before the Commission and answer any questions. The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214 - 462 - 0022 July 23, 1991 Mr. Jim Siepiela Siepiela Intersts 5001LBJ Freeway Suite 830 Dallas, Texas 75244 RE: WYNNPAGE ADDITION - FINAL PLAT This letter is to inform you that your request for application of a final plat of the Wynnpage Addition, was recommended for ~ by the Cd~pe~ '~T~nning and Zoning Commission on Monday, July 22, 1991. The tentative date scheduled for consideration by the Coppell City Council is Tuesday, August 13, 1991, at 7:00 p.m. A representative for this case must be present at the City Council meeting. Failure to represent this item may result in the denial of this application. If you have any questions regarding this matter, please contact me at (214) 462-0639. S/Ln~,rely, ~ . Ga~y L.~Sieb, Director of Planning & Community Services 6LS/'lsg xc: Taryon Paster Bowman, P&Z Coordinator File WYNPGPZ.ACT Planning and Zoning Commission \ Mr. Lynn Meyer was present to represent this item before the Commission and answer any questions. Following discussion, Commissioner Gross moved to approve the request for vacating the final plat of the DTC Addition. Commissioner Redford seconded the motion; motion carried (7-0) with Chairman Munsch and Commissioners Mayo, Redford, Green, Tunnell, Cotten and Gross voting in favor of the motion. Item 12: Consider request for a final plat of Wyrmpage Addition, located 1400 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road, at the request of Siepiela Interests. Director of Planning Gary L. Sieb introduced the item to the Commission. Following discussion, Commissioner Tunnel moved to approve the final plat of the Wynnpage Addition. Commissioner Cotten seconded the motion: motion carried (7-0) with Chairman Munsch and Commissioners Mayo, Redford, Green, Tunnell, Cotten and Gross voting in favor of the motion. Item 13: Consider request for a name change on a final plat from Villages of Coppell, Phase 4A, to Grand Lakes Addition, located along the west side of Allen Road and south of DeForest Road, at the request of Steve Brooks, Developer. Director of Planning Gary L. Sieb introduced the item to the Commission. Mr. Sieb stated that this item is being withdrawn at the applicants request. Commissioner Cotten moved to deny the name change of Villages of Coppell, Phase 4A. Commissioner Tunnell seconded the motion; motion carried (7-0) with Chairman Munsch and Commissioners Mayo, Redford, Green, Tunnell, Cotten and Gross voting in favor of the motion. DISCUSSION Item 14: General discussion concerning planning and zoning issues. Director of Planning and Community Services Gary L. Sieb stated that approximately one year ago the Planning Commission was appointed as the Advisory Committee to the Impact Fee Ordinance, as mandated by State Law. State Law also stated that after six The City With A Beautiful Future August 14, 1991 P.O. Box 478 Coppell, Texas 75019 214 - 462 - 0022 Mr. Jim Siepiela Siepiela Interests 5001 LBJ Freeway Suite 830 Dallas, Texas 75244 RE: WYNNPAGE ADDITION - FINAL PLAT Dear Mr. Siepiela: This letter is to inform you that your request for application of a ~ of the Wynnpage Addition, was approved by the Coppell City Counc_il on August 13, 1991, with the following conditions: 1) 9,000 square foot lot minimum on Block A, lots 15-27 (along the western boundary), 8,450 square foot lot minimum on Block A, lots 13 and 14, remaining lots 7,400 square foot minimum; 2) 75' minimum lot width for Block A, lots 19-27, remaining lots - 66' minimum lot width: 3) minimum side yard 8'; 4) minimum rear yard 20'; 5) minimum front yard 25'; 6) minimum size of structures - 1,850 square feet; 7) maximum height of structures - 1 story on Block A, lots 13-27, remaining lots - 2 story; 8) screening: a) 8' screening fence (with metal posts and caps) along the western boundary, b) 6' masonry screening fence on southern boundary (along Block A; lots 13-17), c) 6' wooden screening fence on Block A, lots 5-12, d) 6' masonry screening fence along the eastern and northeastern residential boundary 9) provide landscaping along the southern side of southern masonry fence: 10) establish a homeowners association to maintain screening fences and all common areas: 11) landscaping to be provided as shown on plans: 12) the preliminary and final plat must be submitted along with; acceptable drainage plans; and 13) maximum number of lots - 78. Your next step will be the execution of the final plat for Wynnpage Addition. Please find attached a procedures list which provides information on filing executed plats. If the final plat has not been submitted for signatures by City officials prior to February 13, the plat shall be deemed null and void, resubmittal shall be required, and current subdivision regulations shall apply. If you have any questions regarding this matter, please contact me at (214) 462-0639. xc: Taryon Bowman, P&Z Coordinator ATTACHMENT WYNPGCC.ACT Road, at the request of Siepiela Interests. Mayor Pro Tem Smothermon seconded the motion. The motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. ~ ITEM 11 To consider approval of a fglal_~t for W~ynnna£e Additio_n, located approximately 1,400 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road, at the request of Siepiela I,lterests. Planning and Community Services Director Gary Sieb made the presentation to Council. Mayor Pro Tern Smothermon moved to approve a final plat for Wynnpage Addition, located approximately 1,400 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road, with the following conditions:. 1) 9,000 square foot lot minimum on Block A, lots 15-27 (along the western boundary), 8,450 square foot lot minimum on Block A, lots 13 and 24, remaining lots 7,400 square foot minimum; 2) 75' minimum lot width for Block A, lots 19-27, remaining lots = 66' minimum foot width; 3) minimum side yard - 8'; 4) minimum rear yard - 20'; 5) minimum front yard - 25'; 6) Minimum size of structures - 1,850 square feet; 7) maximum height of structures - 1 story on Block A, lots 13-27, remaining lots - 2 story; 8) screening - a) 8' wooden screening fence (with metal posts and caps) along the western boundary, b) 6' masonry screening fence on southern boundary (along Block A; lots 13-17), c) 6' wooden screening on Block A, lots 5-12 d) 6' masonry screening fence along the eastern and northeastern residential boundary; 9) provide landscaping along the southern side of southern masonry fence; 10) establish a homeowners association to maintain screening fences and all common areas; 11) landscaping to be provided as shown on plans; 12) the preliminary and final plat must be submitted along with acceptable drainage plans 13) Maximum number of lots - 78. Councilman Morton seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. ITEM 12 To consider approval of a preliminary plat for Chautaugua Place Addition, located along the west side of Harris Road, at the intersection of Bethel School Road, at the request of Matthews Investments Southwest. Planning and Community Services Director Gary Sieb made a presentation to Council. Councilman Morton moved to approve a preliminary plat for Chauta'~gua Place Addition, located along the west side of Harris Road, at the intersection of Bethel School Road. Mayor Pro Tern Smothermon seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion., ITEM 13 Consideration of approving a variance to the Floodplain Management Ordinance #87930, Art. 4, Sec. B, Item #11 (a), which states that the Floodplain Administrator must "assure that conditional approvals are received from FEMA before a Floodplain Development Permit is issued~, for the proposed University Park Project along Stream G-1, a tributary of Grapevine Creek. Pia~ming and Community Services '~' -- ~:-~ --'-' ' u~y o~co ,,au~ a pre~n~tior, to ....... " * - - letter dat~ August 5 from ~e consulting Engin~r, Ron Moffimn, r~mmend~ to Council ~at this v~ce ~ gmt~, subj~t to basic-'", thr~ ~nditions: (1) Council approve ~e v~ (2) Appli~t ob~n ~1 r~uir~ ~rmits as he develops ~is l~d (3) Appli~t uz the slo~ ~m meth~ to detemine the hundr~ y~ fl~ plan as op~ to the ~ on ~ Road, at the request of Siepiela Interests. Mayor Pro Tem Smothermon seconded the motion. The motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. ITEM 11 To consider approval of a final plat for Wynnpage Addition, located approximately 1,400 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road, at the request of Siepiela Interests. Planning and Community Services Director Gary Sieb made the presentation to Council. Mayor Pro Tern Smothermon moved to approve a final plat for Wynnpage Addition, located approximately 1,400 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road, with the following conditions:. 1) 9,000 square foot lot minimum on Block A, lots 15-27 (along the western boundary), 8,450 square foot lot minimum on Block A, lots 13 and 24, remaining lots 7,400 square foot minimum; 2) 75' minimum lot width for Block A, lots 19-27, remaining lots = 66' minimum foot width; 3) minimum side yard - 8'; 4) minimum rear yard - 20'; 5) minimum front yard - 25'; 6) Minimum size of structures - 1,850 square feet; 7) maximum height of structures - 1 story on Block A, lots 13-27, remaining lots - 2 story; 8) screening - a) 8' wooden screening fence (with metal posts and caps) along the western boundary, b) 6' masonry screening fence on southern boundary (along Block A; lots 13-17), c) 6' wooden screening on Block A, lots 5-12 d) 6' masonry screening fence along the eastern and northeastern residential boundary; 9) provide landscaping along the southern side of southern masonry fence; 10) establish a homeowners association to maintain screening fences and all common areas; 11) landscaping to be provided as shown on plans; 12) the preliminary and final plat must be submitted along with acceptable drainage plans 13) Maximum number of lots - 78. Councilman Morton seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. ITEM 12 To consider approval of a preliminary plat for Chautaugua Place Addition, located along the west side of Harris Road, at the intersection of Bethel School Road, at the request of Matthews Investments Southwest. Planning and Community Services Director Gary Sieb made a presentation to Council. Councilman Morton moved to approve a preliminary plat for Chauta-.gua Place Addition, located along the west side of Harris Road, at the intersection of Bethel School Road. Mayor Pro Tem Smothermon seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion., ITEM 13 Consideration of approving a variance to the Floodplain Management Ordinance //87930, Art. 4, Sec. B, Item #11 (a), which states that the Floodplain Administrator must "assure that conditional approvals are received from FEMA before a Floodplain Development Permit is issued", for the proposed University Park Project along Stream G-I, a tributary of Grapevine Creek. Fia. ning a,ad Community .... : ...... '~:-~ '-- ~' a o~t vi~ 5~t~ h~a~ a letter dat~ August ~ from the consulting Engin~r, Ron Mo~n, ~mmend~ to Council ~at this v~ce ~ g~t~, subj~t to bmic-"-, thr~ conditions: (1) Council approve ~e v~ (2) Applier ob~n ~1 r~uir~ ~rmits as he develops ~is l~d (3) Appli~t u~ the slo~ ~ meth~ to determine the hundr~ y~ fl~ plan m op~ to the ~ on ~ me~ology ofigin~ly u~. An addition~ ~ndifion (4) would ~ that no building ~it would ~ issu~ on 1o~ ~ ~rough eleven un~ it h~ ~n review~ by F~A. Tim Hou~, ~pre~nfing ~e a~li~t, wm ~ p~nt to ~swer ~e qu~fions of Coun~H. Coun~lm~ Mo~n mov~ to approve a v~m~ to ~e Fl~pl~n Mm~ement Ordinm~ ~87930, AR. 4, S~. B, I~m ~11 (a), which s~ ~at ~e H~pl~ Adm~is~tor must '~u~ ~ ondifion~ ~mv~s ~ ~iv~ ~m ~ ~fo~ a H~p~ ~el~m~t P~t is issue' for ~e p~ U~ve~ ~k ~j~t ~g S~ G-l, a ~bu~ of O~ VZV"I,-I ~t¢~'.-INN,AM '1¥I0 i::131~11~10 3 - 3 O':INOZ N z ~ T i ° .J roll J :, 1 Il.Ill 'I ,ill_d, IiPI::,l l:Ji~lllJ lJJjJj]ljll Il ]t,J::i,t, JdlJl] J:Jll 01.- II I[d!!il: Il]il:iff II III '! T 1 fill[pt! ,I il ! , Iii Ih I I!