CC contin. to 6/14/94CITY COUNCIL MEETING:
AGENDA REQUEST FORM
April 12, 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-l.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;_~~..2, 6.1, 1, and 5.1.
%Gary ~'
SUBMITTED L. Sieb ~
TITLE: D-i/~.~-~f.~_~l~4~g ; Comm. Services
INITIALS~%
STAFF COMMENTS:
Date of P&Z Meetinq: March 14, 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.
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.$
FINANCIAL COMMENTS:
FINANCIAL REVIEW:
Agenda Request Form - Revised 1/94
Put "goldenrod" p~l~r ~n prln~r~
SUPPORT DOCUMENTATION FOR AGENDA ITEM
STAMP RECEIVED BY CITY MANAGER'S OFFICE:
SUPPORT DOCUMENTATION SUBMITTED WITH ITEM:
MEMOS/LETTERS/REPORTS/BILLS/MINUTE '
NO. OF ORIGINALS REQUIRED
X 1 each
CONTRACT/AGREEMENT '
C.I.P. CONTRACT .................. '
CHANGE ORDERS '
3 originals for signature
6 originals for signature
3 originals for signature
ORDINANCE ..................... :
CAPTION ....................... :
RESOLUTION ................ '
PROCLAMATION .................. :
1 blueback for signature + 3 copies
1 blueback for signature
2 blueback for signature + 1 copy
2 blueback for signature + 1
BIDS ...........................
1 each
SUPPORTING DOCUMENTS (narrative) ....
(over 10 pages or 5 double sided in length)
LOCATION MAPS .................. :
ZONING PLANS ................... :
PRELIMINARY/FINAL PLATS .......... :
SITE PLANS ...................... :
LANDSCAPE PLANS ................ :
ARCHITECTURAL RENDERINGS ....... :
LENGTHY DOCUMENTS ............. :
(zoning, subdivision ordinance, master plans)
18
14
14
14
14
14
14
14
DATE PUBLISHED IN THE CITIZENS' ADVOCATE: March 25, 1994
(to meet legal requirements prior to consideration by council)
NOTIFICATION TO: Property owner and residents within 200 feet of said property
METHOD OF CONTACT: Notice
NOTES
Agenda Request Distribution - Revised 1/94SpellCheck & Save
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 I_and 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-1 (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 portion of Parcel
(O) Office on area shown as Parcel "B"
Master Plan:
Shows medium density (TH) and high density (MF) 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" Office inside the 400 foot dimension; "O" Office on Parcel B of
approximately 22 acres. ~
MF.I'
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
(~5 EAST 55TH STREET
33RD FLOOR
NEW YORK, NEW YORK 1O022
4212) 872-1OOO
A REGISTERED UMITED UABIUTY PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
1700 PACIFIC AVENUE
SUITE 4100
DALLAS, TEXAS 75201-4618
(214) 969-2800
TELEX 732324
FAX (214) 969-4343
WRITER'S DIRECT DIAL NUMBER {214) 969-2793
March 14, 1994
21OO FRANKLIN PLAZA
I I I CONGRESS AVENUE
AUSTIN, TEXAS 78701
(512) 499-6200
1500 NATIoNsSANK PLAZA
300 CONVENT STREET
SAN ANTONIO, TEXAS 78205
(210) 270-0800
1900 PENNZOIL PLACE-SOUTH TOWER
711 LOUISIANA STREET
HOUSTON, TEXAS 77002
(713l 220-58OO
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 firm 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 CoppeU, 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 fried for the development of a mulfifamily 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 um'easonable
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 S. Dahlstrom
WSD/skm
Enclosure
Copies:
Bob Voelker
Dave Brown
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-1 (northern); MF-1 (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 portion of Parcel "A"
(0) Office on area shown as Parcel "B"
Master Plan:
Shows medium density (TH) and high density (IMF) 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".
(SF-
MF'I
Item 5
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
1080 BRUSSELS, BELGIUM
(011} 32-2-535.29.11
65 EAST 55TH STREET
33R0 FLOOR
NEW YORK, NEW YORK 10022
(212} 872-1000
A REGISTERED UMITED UABIUTY PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
1700 PACIFIC AVENUE
SUITE 4100
DALLAS, TEXAS 75201-4618
(214) 969-2800
TELEX 732324
FAX (214) 969-4343
WRITER'S DIRECT DIAL NUMBER (214) 969-2793
March 14, 1994
2100 FRANKLIN PLAZA
11 I 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. 04802-0036
Dear Chairman Tunnell:
This firm represents RPG Estates, Ltd., the owner (the Owner) of a 21 acre tract of land
(the Property) which is located in the City of Coppell. The captioned zoning case proposes to
rezone the Property from "MF-2" to "Office", to which the Owner objects. This letter
constitutes written opposition to the proposed rezoning pursuant to Section 44-6 of the Zoning
Ordinance of Coppell and Section 211.006 of the Texas Local Government Code.
The following is a brief summary of the relevant facts regarding the proposed zoning:
1. The Property was originally zoned "Office" on February 26, 1985.
The current Comprehensive Plan, developed by Coppell in 1987,
designates "Office" as the preferred use of the Property.
Nonetheless, based upon changed conditions, the Property was rezoned by
the Coppell City Council to "MF-2" on January 28, 1992.
Approximately five months later, relying upon the new "MF-2" zoning,
the Owner purchased the Property on June 15, 1992.
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
Ms. Marsha Tunnell, Chairman
Plannig and Zoning Commission
City of Coppell
March 14, 1993
Page 2
e
Since January 28, 1992, there have been no changed conditions
whatsoever to support "Office" zoning for the Property. To the contrary,
the Metroplex has the highest office vacancy rate of any metropolitan area
in the United States. There is virtually no market at any price for land
zoned "Office" in Coppell or any other city in the Metroplex.
Consequently, the proposed rezoning would effectively cause the Property
to be useless with no current market value.
There is no substantial relationship between thc proposed rezoning and thc health, safety
and welfare of Coppell's citizens, nor is there a substantial public need. Under this set of
indisputable facts and circumstances, the proposed rezoning is clearly arbitrary and
unreasonable, and will constitute a taking of our client's Property without just compensation.
We will be in attendance at the Planning and Zoning Commission hearing on March 14,
1994, if you have any questions concerning this matter.
Very truly yours,
William S. Dahlstrom
WSD/plg
Copies:
Mayor Tom Morton
Peter G. Smith, Esq.
Jim Witt
Arthur E. Hewer
Jerry W. Ragsdale
public hearing and notice requirements to comply with Chapter 211 of the
Local Government Code, and authorizing the Mayor to sign.
Councilmember Reitman moved to approve Ordinance No. 91500-A-49 amending Section 44-3
of the Comprehensive Zoning Ordinance of the City of Coppell, Texas, amending the public
hearing and notice requirements to comply with Chapter 211 of the Local Government Code,
and authorizing the Mayor to sign with the change being made in Section 44-3, paragraphs 2 and
3 to exclude the wording "or a newspaper of general circulation." Councilmember Stahly
seconded the motion; the motion carried 4-2 with Councilmembers Stahly, Watson, Reitman,
and Mayo voting in favor of the motion and Mayor Pro Tem Robertson and Councilmember
Weaver voting against the motion.
12.
PUBLIC HEARING: To consider approval of ZC-552, MacArthur Park
Addition, zoning change request from C (Commercial) to SF-9 (Single
Family-9), located at the north side of Denton Creek, along the east and west
side of MacArthur Boulevard, at the request of Vista Properties, Inc.
Councilmember Reitman 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. Truman Edminster, Project Manager, addressed the Council
regarding the project. Mayor Morton opened the Public Hearing and asked for those persons
wishing to speak against this proposal. Bruce Hedeman, 616 DeForest, representing residents
in Lake Park; Debra Dezzendorf, 468 Shadowcrest; and Pat Moriarty, 186 Meadowglen Circle
spoke against the proposed zoning change. The Mayor then asked for those persons wishing to
speak in favor of this proposal. There were none. Tim House, representing the Developer of
the property addressed the Council and answered questions. Mr. House also volunteered to use
a certified arborist to work with his landscape architect. Dennis Winzeler, representing Vista
Properties, agreed to provide a letter regarding the trees. After lengthy discussion, and three
failed motions, Councilmember Weaver moved to remand ZC-552 back to the Planning and
Zoning Commission to be readvertised as a Planned Development. Mayor Pro Tem Robertson
seconded the motion; the motion carried 5-0 with Mayor Pro Tem Robertson and
Councilmembers Weaver, Stahly, Watson, and Mayo voting in favor of the motion.
Councilmember Reitman rejoined the Council after the vote.
Council adjourned into Executive Session at this time.
EXECUTIVE SESSION (Closed to the Public)
A. Section 551.071, Texas Government Code - Consultation with City Attorney.
Mayor Morton convened into Executive Session at 9:09 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 9:15 p.m. and opened the Regular
Session.
REGULAR SESSION
(Open to the Public)
13.
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
Pa~e 4 of 11
Boulevard, approximately $00 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. Arthur Hewett, 8440 Walnut Hill Lane, Dallas, President and owner of Republic
Property; Steve Means, 4028 Windsor, Dallas, Jim Kirby, 5720 LBJ Freeway, #120, Dallas;
Bob Voelker, 8445 Freeway Parkway, #650, Irving; Bill Dahlstrom 1700 Pacific Avenue,
Dallas; and Dennis Winzeler, 5950 Berkshire Lane, representing Vista Properties spoke against
the proposal. The Mayor then asked for those persons wishing to speak in favor of this
proposal. Pat Moriarty, 156 Meadow Glen Circle; Gary Embrey, 267 Winding Hollow; Chuck
Sturges, 132 Newport Drive; Pat Keenan, 412 Wellington; Dr. Zack Dameron, III, 440 Beacon
Hill Drive; Dr. Keith Shorn, 751 Pelican; Charles Lipscomb, 837 Blue Jay; Harley Staber, 751
Blue Jay Lane; Dr. Gerald Etfleman, 113 Sand Point Court; Ivan Loffier, 1319 Westchester
Drive; and Candy Sheehan, 759 Pelican Lane; spoke in favor of this proposal. Kirk King, 1219
Cambridge Drive, District Manager for TU Electric, declared a neutral stance and addressed the
power line issue. At the request of Councilmember Stahly, Ken Griffin, City Engineer,
addressed the Council concerning the traffic issue surrounding the Beltline Road/MacArthur
Boulevard intersection. After discussion and a failed motion, Councilmember Stahly moved to
continue the public hearing on ZC-553 to June 14, 1994 and direct Planning & Zoning
Commission to conduct a Public Hearing as soon as possible to determine appropriate zoning
for the area south of Riverchase Drive within the Riverchase Addition which is presently zoned
MF-2 to specifically address overall reduction in density and to pursue the option of owner-
occupied housing and to address the community's need for office. Mayor Pro Tern Robertson
seconded the motion; the motion carried 5-1 with Mayor Pro Tem Robertson and
Councilmembers Stahly, Watson, Reitman, and Mayo voting in favor of the motion and
Councilmember Weaver voting against the motion.
14.
Consideration and 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, 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 51, and authorizing
the Mayor to sign.
This item was not considered due to Item 13 not being approved.
15.
PUBLI(~ HEARING: To consider approval of a zoning change, Case
//ZC-554(CH) from R and MF-2 to any appropriate zoning district
classification, including, but not limited to, SF-7, SF-9, SF-12, SF-ED, and/or
MF-1, on a total of approximately 18.85 acres of land located south of
Thweatt Road, east of Branchwood Trail and north of Autumnwood Lane;
more particularly described in the Dallas County Records as Abstract//624,
tract//12.
Gary $ieb, 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. Jim Hartnett, Jr., 1601 Elm Street, Dallas spoke against this proposal on behalf
of the Cistertian Monastery. The Mayor then asked for those persons wishing to speak in favor
CM041294
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