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
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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
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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
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