Coppell MSW/FP-CS000612JbN 12 '00 14:41FR NICHOLS JCKSON DLLRD ~14 965 0010 TO COPPELL CM P.0~/05
NICHOLS, JACKSON, DILLARD, HAGER & SMITH. L.L.P.
Attorneys &Couns, lor~ at Law ~ooz~? L. 0'CL~. ,~.
Peter G. Smith 1800 Lincoln Plaza
LAWRENCE W_ J~CKSON
Direct (214) 665-3365 500 North Akazd OF~L
K-mail: psmlth~njdfls.com Dallas, Texas '/5201
(214) 965-9900
Fax (214) 965-0010
E.mail NJ~I-I$ ~ NJDHS.com
June I2, 2000
VIA FACSIMILE 972/304-7063
AND FIRST CLASS MAIL
Mr. Jim Witt
City Manager
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppe[1, Texas 75019
RE: Site Plan Approval For CISD Property
Dear Mr. Witt:
Pursuant to your request, the undersigned provides the following opinion relating to
whether the provisions of the Comprehensive Zoning Ordinance relating to site plan approval
apply to development of property by the Coppell Independent School District.
You ask whether the provisions of the Comprehensive Zoning Ordinance relating to site
plan approval apply to modifications that the Coppell Independent School District intends to
construct at Coppell Middle School West for baseball and softball activities? The City's zoning
authority is subservient to the reasonable exercise of the Copp¢ll Independent School District in
determining the location of educational facilities. See, City' of Addison v Dallas lndependem
School District, 632 S.W.2d 771 (Tex. App.--Dallas, 1982, writ ref'd n.r.e.). Athletic fields
constitute educational facilities and therefore the site plan approval provisions of the
Comprehensive Zoning Ordinance may not operate to exclude the intended facilities. See, Austin
Independent School District v City of Sunset Valley, 502 S.W.2d 670 (Tex. 1973).
In summary, ff, e zoning authority of the City is subservient to the reasonable exercise of
~e Copp¢li Independent School District in the location and modification of the athletic facilities.
The Coppell School District has the authority to modify the athletic facilities regardless of site
plan approval. The Coppell Independent School District is subject to the City's building,
electrical and other trade codes.
34402
· JUN 12 '00 14:42 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL CM P.0~×05
Mr. Jim Witt
June 12, 2000
Page -2-
Thank you for your attention to this matter. If you have any questions in this regard,
please do not hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
Peter G. Smith
PGS/ttl
34402
NICHOLS, JACKSON. DILLARD, HAGER & SMITH, L.L.P.
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