PD166-CS 980522 (2) , Coppeil. Texas 75019
~ ~ The City With A Beautiful Futuref~.../COPPELLP'O' BOX 478TEXAS 75019 972-462-0022
May 22, 1998
Mr. Byron Hardin
City of Carrollton
Fax 245-0564
re: Proposed PD-166, Westbury Manor
Dear Mr. Hardin:
As I mentioned last night, if the Planning and Zoning Commission had recommended denial of
the proposed PD-166, a 8/4 majority of City Council would be necessary to overrule that
recommendation and approve the rezoning. Therefore, the validity of the neighborhood protest
would have been inconsequential. However, since the Commission recommended approval, a
valid protest is now clearly a factor in determining the ability of Council to pass the measure.
This morning I began plotting each property within 200 feet of the land proposed for change in
zoning. My calculations indicate that, if the owners of 186,740 square feet of land located within
200 feet of the subject property protest in writing, state law requires that the proposed change in
zoning receive the affirmative vote of a least 3/4 of all members of the governing body.
From the petition you submitted, I was able to establish that the owners of 25 properties within
200 feet had signed. The area of their land which was within 200 feet totaled just short of 20%
of the total area within 200 feet. While it is possible that ownerships may have changed since the
last tax rolls were published, and that in fact there could be a greater number of actual owners
who signed your petition, it will not be necessary to research that. The reason is that Ms. Hazel
Ramsey, who did not sign your petition, mailed us a statement of opposition separately. Her
approximately 10,250 square feet all within 200 feet put you over the top and gave you a clear
21% of the prescribed area.
Sincerely,
Pert Virtanen
Assistant Director of Planning and Community Sen, ices
cc: Mr. Fred Phillips