Staff letter to Attorney re rez The City With A Beautiful Future 214-462-0022
FAX 214- 393-0948
May 25, 1994
Mr. W. D. Welch
Munson, Munson, Pierce & Cardwell
Attorney At Law
P.O. Box 98
106 E. Main
Whitesboro, TX 76273
Dear Mr. Welch:
I am in receipt of your letter dated May 14th regarding the rezoning of Case #ZC-555(CH),
which is partially owned by Bonham State Bank.
I am enclosing a copy of the letter we sent to Bonham State Bank dated May 23, 1994,
informing them of the Planning and Zoning Commission's recommendation to change the zoning
from SF-9 (Single Family-9) to SF-7 (Single Family-7). As you will note, the City Council will
take action on this case on June 14th.
If I can be of further assistance, please call me at (214) 462-0639.
Sincerely, ~
G~'y Lt Sieb, A.I.C.P.
Directoi' of Planning and Community Services
Enclosure
cc: T. Bowman
MUNSON, MUNSON, PIERCE & CARDWELL I1
(903) 564-5655
FACSIMILE (903) 564-3320
W. D. WELCH BONHAM
Also licensed in New Mexico DALLAS
DENISON
DURANT
PLA_NO
POTFSBORO
SHERMAN
May 14, 1994
Mr. Gary Sieb
Director of Planning and Community Services
City of Coppell
P.O. Box 478
Coppell, Texas 75019
RE: Requested Rezoning for ZC-555CH; Property owned by Bonham State Bank
described as 12.696 acres of land on Coppell Road.
Dear Mr. Sieb:
This law firm has been retained by Bonham State Bank, the owner of that 12.696 acre
tract of land located north of Parkway Blvd., east of Coppell Road, that was recently rezoned
from MF-2 to SF-9 by action of the City of Coppell on April 15, 1994.
It is our understanding that the City Council has remanded the zoning for at least a
portion of this tract to the Planning and Zoning Commission of the City of Coppell for
recommendations about zoning as SF-7 instead of SF-9, and that the Planning and Zoning
Commission is scheduled to consider those recommendations on May 19, 1994.
We are of the opinion that the 12.696 acre tract owned by Bonham State Bank should
be rezoned, if it is to be rezoned at all, as SF-7 instead of SF-9. To rezone only two smaller
tracts of the original 80 acre tract from MF-2 to SF-9, while the adjacent and contiguous tracts
are rezoned as SF-7, appears to be contrary to the best interest of the community, as well as
contrary to the best economic interest of Bonham State Bank. Rezoning a small portion of the
original tract to a more restrictive SF-9 instead of SF-7 appears to be selective and not
warranted by the facts in this particular situation.
I am including a photocopy of a March 11, 1994, opinion by Tommy Marshall &
Associates, Real Estate Appraisers, directed to Mr. Warren R. Jamieson, President & CEO of
Bonham State Bank, regarding the effect of a zoning change from MF-2 to SF-7 for this
May 14, 1994 MUNSON, MUNSON, PIERCE & CARDWELL
Page 2
property. The opinion of these appraisers is that a zoning designation as SF-7 would best suit
the property.
Thank you for considering these facts, especially the fact that rezoning only a small
portion of the property from MF-2 to SF-9, while changing the balance to SF-7, would appear
to be selective and would not provide for the highest and best use of the property.
Thank you for your consideration of these facts. We look forward to hearing from you
regarding the proposed reconsideration by the Planning and Zoning Commission.
Sincerely,
MUNSON, MUNSON,
PIERCE & CARDWELL, P.C.
By
~.. '~). W-el~h~- ,- ,.- - - x,
WDW/1 s r
Tommy Marshall & Associates
I II . IIIIII. II IlL . II
37~0 E~st Mcki~meY' $~it'i 103 . Denton, TX 7620~ ,Met, o (214) 434-19 I~ · t~c (817) 566.2486 ....
March 11, 1994
Mr. Warren R, Jam!eson
Presldent & CEO
Bonham State Bank
502 North Center Street
Bonlxam, Texas 754I 8-0609
Dear Mr. '}amieson:
We are responding to your inquiry regarding the effect a zoning cl~ange wotfld
have on the value and maxh' hal use of the 12,696 acres of vacant land on Coppell
Road, It is our opinion that a zoning change fi'om a multi-family zontng
designation to a stngle-fam!ly zoning de¢.gnation would have a negative influence
on tlae property's value and maximal use, The follmving paragraphs address the
issues that resulted In thts statement,
Drainage required to be taken through p~u~. of the ~tte makes the sl~ economtcaEy
u~easlble for single-family subdMsion development. Multi-family development
on the she is more feasible since the developer can reco~ize a l~ger yield on a
smaller pon. ion of the propc~xy. The portion of the st~ dest~ated as drMnag¢
area could be lnco~orated Into the development plan as a ~e~belt area ~4th
multi.family use,
~Ve located land ~ales of properties in the general mm'ket area that Involved
properties with intended multi-family and single.family subdMston re, es. Once
differences for physl~l characteristics and location are considered, mulO-famdy
land sells for a higher price per unit in the market area.
~e lm~d a~oss the street ~om the pro~ty is zoned "HC", ~ghway Commerdal.
It. Is our opinion that an apaxxment, propen.y would be eompatlble
commerdal prope~tes permitted acros~ the street. ~ ap~ment use would
provide a buffer ~t~en mmmerdd uses ~d O~o~e of less dmslW (such as single.
family ,ubdMsion,) tn the Immediate area,
Should the zonlng change to a single-family designatlon, a mlnhm.m~ lot sl.v~ ot
7,000 SF would be more suitable on the subject site than a zoN. ng desl~atlon
permitting less density such as the development of lots 9,000 SF and larger.
Discussion with single-family subciivis~on developers who have ~perle~ce In the
Coppell market suppo~ tMs statement.
In conclusion, a zoning d~mxge from a multl-f~lly zoning designation to a single-
family zoning designation of this specific site would result in a reduced valuc of
the property. ~xe required drainage area on the st~ creates
difference tn property value if the zoning ts changed from a single-family
desi~ation to a mxflfl-f~n[ty desf~atJon, In the event that the zoMng change
fi'om multi-family ~ single-family occurs, a zoning designation ~th a nfinlmun~
lot size of 7,000 SP, as opposed to 9,000 $F, wotfld best s~t ~e property.
Respectfully Submitted,
ommy(~arshall, MSA Scott A, Cam~i~-n
PrlnclpaI Associate Appraiser