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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. ** TOTAL PAGE.03 **