CC contin. Tract A to 8/9Th~ Ci~ WRh ^ Beautiful Fu~ut'~
CITY COUNCIL MEETING:
AGENDA REQUEST FORM
June 14, 1994
ITEM CAPTION:
PUBLIC HEARING:
To consider approval of a zoning change, Case ~ZC-553(CH) from TH-l,
MF-1 and MF-2 to any appropriate zoning district classification,
including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, MF-1
and/or O, on approximately 50 acres of land located on two tracts,
Tract A located along the east side of MacArthur Boulevard, north of
the TU Electric right-of-way line on a total of approximately 30 acres
of land. Tract B, approximating 20 acres, is located along the east
side of MacArthur Boulevard, approximately 500 feet north of
Riverchase Drive and southeast of the TU Electric right-of-way line;
more particularly described in the Dallas County Records as Abstract
#1442; t~9~and 5.1.
SUBMITTED B~--'GarY L' Sieb ' N ~
TITLE: ' . ~ Comm. Services INITIALS '
STAFF COMMENTS:
Date of P&Z Meetinq: March 14, 1994; May 19, 1994
Decision of P&Z Commission: Approval (5-0) to change zoning to SF-7
(Single Family-7) on parcel A to within 400' of TU r.o.w.; O (office)
inside the 400' dimension; and O (office) on Parcel B. See
attachment. Commissioners Alexander, Wheeler, Thompson, Tunnell and
Hildebrand voted to approve. Commissioners Meador and Redford were
absent. On May 19, 1994, the Commission recommended to stay with
March 14, 1994 decision. See attached memo dated 5/24/94.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
Because of written opposition to this proposed zoning change, a 3/4
vote of Council (6 votes) will be required for the Planning Commission
recommendation.to be followed.
BUDGET AMT. $ AMT. EST.$ +/- BUD: $
FINANCIAL COMMENTS:
Agenda R~u~t Fora - Revis~ 1/94 _
PLANNING COMMISSION AUTHORIZED PUBLIC HEARING
Case No. ZC-553 (CH)
Location:
North and south of the TU Electric r.o.w, line on the east side of MacArthur
Blvd., starting approximately 1000 feet north of the railroad r.o.w.
Size:
Two parcels, "A' and "B", with "A' being north of the TU r.o.w, and
consisting of approximately 30 acres; "B" located south of the TU
r.o.w, and containing approximately 20 acres
Owner:
Northern portion of Parcel 'A' (approx. 10 ac.)
Dallas; southern portion of Parcel"A' (approx.
Partners, Maitland, FI.
L and N I_and Corporation,
19.4 ac.) Dallas Affordable
Parcel 'B' (approx. 22 ac.), Republic Property Group, Dallas, Tx.
Existing Zoning:
Parcel 'A": TH-I (northern); MF-I (southern)
Parcel "B": MF-2
Proposed Zoning:
SF (numerical classification to be determined at hearing) on norther
portion of Parcel'A'; SF (numerical classification to be determined at
public hearing) on southern portior of Parcel "A'
(O) Office on area shown as Parcel 'B"
Master Plan:
Shows medium density (TH) and high density (IVlF) on Parcel 'A'; Office
use for Parcel'B"
Recommendation:
SF on Parcel "A" in that discussions have been conducted regarding single
family zoning on the northern portion of the tract--retaining MF adjacent
does not make good planning sense; '0' on Parcel 'B'.
Planning Commission Action of March 14, 1994: "SF-7" on parcel A to within 400 feet
of the T.U.r.o.w.; "O" Office inside the 400 foot dimension; "O" Office on Parcel B of
approximately 22 acres. :,
~2
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
ATTORNEYS AT LAW
1333 NEW HAMPSHIRE AVENUE, N.W.
SUITE 400
WASHINGTON, D.C. 20036
(202) 887-4000
65 AVENUE LOUISE, P.B. NO. 7
1050 BRUSSELS, BELGIUM
(011) 32-2-535.29.11
65 EAST 55TH STREET
33RD FLOOR
NEW YORK, NEW YORK 10022
(212) 872-1000
A REGISTERED UMITED UABIUTY PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
1700 PACIFIC AVENUE
SUITE 4100
DALLAS, TEXAS 75201-4616
{214) 969-2800
TELEX 732324
FAX (214) 969-4343
WRITER'S DIRECT DIAL NUMBER (214) 969-2793
March 14, 1994
2100 FRANKLIN PLAZA
111 CONGRESS AVENUE
AUSTIN, TEXAS 78701
(512) 499-6200
1500 NATIONSBANK PLAZA
300 CONVENT STREET
SAN ANTONIO, TEXAS 78205
(210) 270-0800
1900 PENNZOIL PLACE-SOUTH TOWER
711 LOUISIANA STREET
HOUSTON, TEXAS 77002
{713) 220-5800
Via Hand Delivery
Marsha Tunnell, Chairman
Planning and Zoning Commission
City of Coppell
255 Parkway Boulevard
Coppell, TX 75019
Case #ZC-553(CH)
Our File No. 11659-0000
Dear Chairman Tunnell:
This fn'm represents Dallas Area Affordable Partners m, L.P., the owner of a 19.3873
acre tract of land in the City of Coppell, said tract being subject to the zoning case referenced
above. This letter is being forwarded to you as written opposition of the proposed rezoning
pursuant to Section 44-6 of the Zoning Ordinance of the City of Coppell, and Section 211.006
of the Texas Local Government Code.
The subject property is currently zoned "MF-1" and is adjacent to a power line easement,
major thoroughfare (MacArthur Blvd.), and townhouse zoning. The owner purchased the
subject tract with the sole intention of developing a multifamily complex. A plat application for
this property has been filed for the development of a mullifamily complex. Because of the
adjacent uses, shape of the subject tract, and frontage on MacArthur Blvd., a multifamily
complex is the most logical use of this land.
Rezoning of the subject property to deprive the owner the ability to develop a multi-
family complex is an arbitrary and unreasonable act that destroys our client's investment backed
expectations and amounts to a taking of its development fights without just compensation. The
land is quite suitable, and desirable, for such a development. There is no substantial relationship
between rezoning the subject tract and the health, safety and welfare of the City, nor is there
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
Ms. Marsha Tunnell
RE: Case #ZC-553(CH)
March 14, 1993
Page 2
a substantial public need for such a rezoning. The private loss as a result of such a rezoning
significantly outweighs any public benefit because of the resulting irreparable damage to the
value of the property. Consequently, a rezoning of the subject tract to deprive our client of its
constitutionally protected right to develop a mulfifamily complex is arbitrary and unreasonable
and not supported by changed conditions.
We will be in attendance at the Planning and Zoning Commission hearing on March 14,
1994 if you have any questions concerning the matters set forth herein.
Very truly yours,
William $. Dahlstrom
WSD/skm
Enclosure
Copies:
Bob Voelker
Dave Brown
MEMORANDUM
To: Jim Witt, City Manager
Fro~ar~ L. Sieb, Director of Planning and Community Services
Subject: Planning Commission Consideration of Possible Re-Zoning
Date: May 24, 1994
On April 12, the Council took under advisement a re-zoning case that involved approximately
50 acres of land along the eastern portion of MacArthur Blvd., north of Riverchase Drive. On
March 14, the Planning Commission had recommended a change of zoning from TH-l, MF-1
and MF-2 to SF-7 and O.
It is my understanding that the case was taken under advisement--at least in part--due to a letter
submitted by Art Hewett (attached) that proposed a possible compromise to Council relative to
the Planning Commission's recommendation for Office and Single-Family zoning.
The Council took the zoning case (ZC-553 CH) under advisement until June 14th and requested
the Planning Commission review the contents of Mr. Hewett's letter for possible re-analysis of
the Commission position, particularly as it related to the zoning change from MF-2 to O.
On May 19 the Commission discussed Mr. Hewett's letter, and after being advised by the City
Attorney that:
-townhouses can be built in MF districts without any change of zoning;
-the townhouse offer and the zoning recommendation were two separate issues not
connected;
-the letter suggestion had no bearing on the zoning case;
-the issue of contract zoning might be inferred by the letter;
the Commission elected to taken no formal action regarding the correspondence. The consensus
was that the zoning recommended was appropriate for the sites in question, that the MF-2 land
adjacent to Riverchase Drive should remain as currently zoned.
In reviewing the minutes of the April Council meeting, it is possible to interpret Council's action
as desiring the Planning Commission to recommend a zoning classification on the MF property
discussed in Mr. Hewett's letter. As stated above, the Commission elected to not recommend
any zoning change, hence, no formal action is being forwarded to Council for the June meeting.
attachment (Hewett letter)
REPUBLIC PROI)ERT'f £;Rt~UP. INC.
~r~hm E. Herbert
President CEO
April 8, 1994
Mr. jim Witt
City Manager
Post office Box 478
Coppell, Texas 75019
r Jim: ·
e purpose of this £e.tter .~a ~v .... ernin" two specizic
~on dur~ g _ - the Cop~ll ~ty council
as · · ' n this do~zonlng ~uu ·
negot~at ,. ~.-9 - only t~ years ago .... + Riverc~ase- That
Janua~ zo, ~- . -- istin zon~n~ ~ · ' n
un · ral art P . ,
· · s an ~nteg P eese~e
atlon wa . ' r se zoning . .
re~onf%~ n ~ ~lleve tha~ R~ve cha eless in a
~or th~s reaso , ....... ~11. Noneth , ....
- from other tracts ~n ~ middle grounu
trea~nt ----~+~ed to s~king a
com romise, ~ are gu~A~ . .
P .... =___+. reason~le v~~nts ·
acco~o~tes mou~z~ and ent coolant to Riverchase
If the City council will honor its rec
onin I hereby c~it Rep~lic to the following obligations~
z g' ...... ~.a south of ~verc~ase
· 40 Acre ~-2 Trac~. Thls tr~( -~ was originally zoned ~-2
- '' '' of the railroad trac~._ ~u ~ ~ ~Drehensive Plan ~n
Drive, and north ~-- ~-~-te~ ~-z mx ~ ..... ~7 _ ~-
.--~ ~ ~onine was a~so u~-~t-- - .... ~ ~ar-ete~ Dy ~n~
~' %'~ ~L zon%d ~-2 currently anu ~ ~,n~%~A %or its location.
1~o~. ~ *~ ..... =-- Please see
Co~ission zor Oo~zunzn~. -- .... ~o~-
· o one amc uwu - -z,
' ~ · - ~ ~11 ~in w~u~ = ~ ~ ....... -hie market exists.
~-2 zoning. "=-'~ ~--~---- so long as a ==~- .... ~-. ~ ..... ~{ttin~
co~ission and City Council a sing
all.
as ~en s~culation that if the City
~ Future CED Sale~. Ther~_h,: .... -h-se but does not appro~
_ r; ~-~=--s the ~ zoning au ~-; .... ~--- ~ tract with con~i~
CED plat, then Rep~lic might sell CED anotne; =
~ zoning. We will not - ~riod.
8440 Walnut Hill Lane, 8th Floor ' Lock Box 3 · Dallas, Texas 75231 · (214) 373-6666 ' Fax (214) 691-4023
Mr. Jim Witt
City of Coppell
April 8, 1994
Page Two
I trust that this will confirm Republic's commitment to the City on
these points, as well as our willingness to cooperate in seeking a fair
resolution.
Sincerely yours,
AEH/Jlb
Attachment
cc: N~mbers of the City Council
T~ Ci~t '~th ^ I~eautifu~ F~c~
CITY COUNCIL MEETING:
ITEM CAPTION:
PUBLIC HEARING:
AGENDA REQUEST FORM
June 14, 1994
To consider approval of a zoning change, Case ~ZC-553(CH) from TH-l,
MF-1 and MF-2 to any appropriate zoning district classification,
including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, MF-1
and/or O, on approximately 50 acres of land located on two tracts,
Tract A located along the east side of MacArthur Boulevard, north of
the TU Electric right-of-way line on a total of approximately 30 acres
of land. Tract B, approximating 20 acres, is located along the east
side of MacArthur Boulevard, approximately 500 feet north of
Riverchase Drive and southeast of the TU Electric right-of-way line;
more particularly described in the Dallas County Records as Abstract
#1442; tracts 2.2, 6.1, 1, and 5.1.
SUBMITTED BY: Gary L. Sieb i F~
TITLE: Dir. of Planning & Comm. Services INITIALS~'
STAFF COMMENTS:
Date of P&Z Meetinq: March 14, 1994; May 19, 1994
Decision of P&Z Commission: Approval (5-0) to change zoning to SF-7
(Single Family-7) on parcel A to within 400' of TU r.o.w.; O (office)
inside the 400' dimension; and O (office) on Parcel B. See
attachment. Commissioners Alexander, Wheeler, Thompson, Tunnell and
Hildebrand voted to approve. Commissioners Meador and Redford were
absent. On May 19, 1994, the Commission recommended to stay with
March 14, 1994 decision. See attached memo dated 5/24/94.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
Because of written opposition to this proposed zoning change, a 3/4
vote of Council (6 votes) will be required for the Planning Commission
recommendation.to be followed.
AMT. EST.$
BUDGET AMT. $
FINANCIAL COMMENTS: N[~
Ageuda Request Form - Revised 1/94
Pul 'gol~gnfod' ~pgf in prin~f~
+/- BUD: $ ~'
/..
CITY MANAGER REVI
PLANNING COMMISSION AUTHORIZED PUBLIC HEARING
Case No. ZC-553 (CH)
Location:
North and south of the TU Electric r.o.w, line on the east side of MacArthur
Blvd., starting approximately 1000 feet north of the railroad r.o.w.
Size:
Two parcels, 'A' and 'B', with 'A' being north of the TU r.o.w, and
consisting of approximately 30 acres; "B' located south of the TU
r.o.w, and containing approximately 20 acres
Owner:
Northern portion of Parcel 'A' (approx. 10 ac.) L and N Land Corporation,
Dallas; southern portion of Parcel'A' (approx. 19.4 ac.) Dallas Affordable
Partners, Maitland, Fl.
Parcel 'B' (approx. 22 ac.), Republic Property Group, Dallas, Tx.
Existing Zoning:
Parcel 'A': TH-I (northern); MF-I (southern)
Parcel'B': MF-2
Proposed Zoning:
SF (numerical classification to be determined at hearing) on norther
portion of Parcel'A'; SF (numerical classification to be determined at
public hearing) on southern portiov of Parcel "A"
(O) Office on area shown as Parcel 'B'
Master Plan:
Shows medium density (TH) and high density (MI:) on Parcel 'A'; Office
use for Parcel"B'
Recommendation:
SF on Parcel 'A' in that discussions have been conducted regarding single
family zoning on the northern portion of the tract--retaining MF adjacent
does not make good planning sense; 'O' on Parcel 'B'.
Planning Commission Action of March 14, 1994: "SF-7" on parcel A to within 400 feet
of the T.U.r.o.w.; "O" Off'me inside the 400 foot dimension; "O" Office on Parcel B of
approximately 22 acres. ;
Preliminary Plat, located along the east and west side of MacArthur Boulevard and along the
north side of Denton Creek with the following conditions: 1) all conditions apply for a PD
zoning; 2) sight visibility easements are indicated along MacArthur; 3) all required easements
are shown on the face of the plat; 4) erosion control protection will be provided where needed;
5) streetscape requirements are met; 6) there be an East and West Flamingo Way; 7) a notation
being placed on the plat indicating an off-site hike-and-bike trail to be constructed at the
Applicant's expense contiguous to the northern and western boundaries of the plat subject to the
design approval of the City Engineer; and 8) an access easement will be provided without
improvements along the south side of Denton Creek adjacent to Lots 8, 9, 10, 11, 12, 14 and
15 west of MacArthur and Lots 33, 34 and 35 east of MacArthur. Mayor Pro Tern Robertson
seconded the motion; the motion carded 5-0 with Mayor Pro Tern Robertson and
Councilmembers Alexander, Stahly, Watson, and Sheehan voting in favor of the motion.
Councilmember Reitman rejoined the Council after the vote.
14.
PUBLIC HEARING:
To consider approval of a zoning change, Case #ZC-559(CH) from 2F-9, MF-2
and LI to any appropriate zoning district classification, including, but not
limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, 2F-9, MF-1 and/or LI, on
approximately 140 acres of land located along the west side of Coppell Road,
along the north and south side of Ruby Road.
Mayor Pro Tern Robertson filed a Conflict of Interest with the City Secretary and abstained from
discussion or voting on this item. Gary Sieb, Director of Planning and Community Services,
made a presentation to the Council indicating that this item would require a 3/4 vote and with
the absence of Councilmember Mayo and conflict of Mayor Pro Tern Robertson, there could be
no vote on this matter at this meeting; and that the Applicant had asked to have the heating
continued until the June 28, 1994 City Council meeting. Mayor Morton opened the Public
Heating and asked for those persons wishing to speak against this proposal. There were none.
He then asked for those persons wishing to speak in favor of this proposal. Barbara Schmidt,
125 Whispering Hills Drive; Mary Evelyn Mobly, 709 South Coppell Road; Ann McNear,456
W. Bethel; and Barbara Bailey, 232 Plantation all spoke in favor of a LI zoning. Mayor Morton
indicated that the Public Hearing would be held open until the June 28, 1994 City Council
Meeting.
15.
PUBLIC HEARING:
To consider approval of a zoning change, Case #ZC-553{CI-I) from TH-I,
1VIF-1 and MF-2 to any appropriate zoning district classification, including,
but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, MF-1 and/or O, on
approximately 50 acres of land located on two tracts, Tract A located along
the east side of MacArthur Boulevard, north of the TU Electric right-of-way
line on a total of approximately 30 acres of land. Tract B, approximately 20
acres, is located along the east side of MacArthur Boulevard, approximately
500 feet north of Riverchase Drive and southeast of the TU electric right-of-
way line; more particularly described in the Dallas County Records as
Abstract #1442; tracts 2.2, 6.1, 1, and 5.1.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against
this proposal. Art Hewett, 8440 Walnut Hill Lane, and Dennis Winzeler, representing Vista
Properties, Inc., 5950 Berkshire Lane, spoke against the proposal. He then asked for those
persons wishing to speak in favor of this proposal. Pat Keenan, 412 Wellington; Pat Moriarty,
156 Meadowglen Circle; Paul Shea, 259 Tealwood Drive; Chuck Sturges, 132 Newport Drive;
and Barbara Bailey, 232 Plantation spoke in favor of this zoning change. Councilmember Stahly
requested that this item be divided and that Tract A and Tract B be discussed and acted upon
separately, with Tract B being discussed first. Mr. Sieb informed the Council that written
CM061494
Page 6 of
opposition had been received on this item and that a 3/4 vote would be required to change the
zoning. Councilmember Stahly moved to close the Public Hearing as to Tract B and maintain
the zoning of MF-2 on Tract B, being approximately 20 acres located on the east side of
MacArthur Boulevard approximately 500 feet north of Riverchase Drive and southeast of the TU
Electric Right-of-Way Line. Mayor Pro Tem Robertson seconded the motion; the motion
carried 5-1 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson,
and Sheehan voting in favor of the motion and Councilmember Reitman voting against the
motion. Councilmember Stahly moved to hold the Public Hearing open on Tract A and take the
matter under advisement until August 9, 1994 and that a moratorium on construction be placed
on Tract A until August 9, 1994. Councilmember Sheehan seconded the motion; the motion
carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson,
Reitman, and Sheehan voting in favor of the motion.
16.
To consider approval of an ordinance for Case #ZC-553(CH) to change the
zoning from TH-I, MF-1 and MF-2 to any appropriate zoning district
classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED,
MF-1 and/or O, on approximately 50 acres of land located on two tracts,
Tract A located along the east side of MacArthur Boulevard, north of the TU
Electric right-of-way line on a total of approximately 30 acres of land. Tract
B, approximately 20 acres, is located along the east side of MacArthur
Boulevard, approximately 500 feet north of Riverchase Drive and southeast
of the TU Electric right-of-way line; more particularly described in the Dallas
County Records as Abstract #1442; tracts 2.2, 6.1, 1 and 5.1, and authorizing
the Mayor to sign.
This item was not considered.
17.
PUBLIC HEARING:
To consider approval of a zoning change, Case #ZC-562(CH), as outlined by
Section 44-2 of the Coppell Zoning Ordinance. Section 44-2 regulates any
amendment, supplement, or change to the boundaries of zoning districts. This
public hearing has been called to consider a change in zoning from LI (Light
Industrial) and R (Retail) to any appropriate zoning district classification,
including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED, HC, FP
and/or MF-1. The property is generally described as follows: containing
approximately 200 acres and located east of Highway 121 and north of Denton
Creek, extending east to the property commonly known as the "Magnolia
Property," north to the Coppell city limit line, and as shown on the attached
map.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against
this proposal. Patrick Keenan, 412 Wellington; Pat Moriarty, 156 Meadowglen Circle; Robert
Payne, 4316 Arcody Street, Dallas; and Roy Wilshire, 12660 Coit Road, Dallas spoke against
this zoning change. The Mayor then asked for those persons wishing to speak in favor of this
proposal. There were none. Councilmember Reitman moved to close the Public Hearing and
not accept the recommendation of the Planning and Zoning Commission. Councilmember
Watson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and
Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting in favor of the
motion.
18.
PUBLIC HEARING:
To consider approval of a zoning change, Case #ZC-563(CH), as outlined by
Section 44-2 of the Coppell Zoning Ordinance. Section 44-2 regulates any
CM061494
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