Attorney let.-opposition MF-1ZCAKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
ATTORNEYS AT LAW
1333 NEW HAMPSHIRE AVENUE, N.W.
SUITE 400
WASHINGTON, D.C. 20036
1202) 887-4000
65 AVENUE LOUISE, P.B. NO. 7
1050 BRUSSELS, BELGIUM
(011) 32-2-535.29.11
66 EAST 55TH STREET
33RD FLOOR
NEW YORK, NEW YORK 10022
1212] 872-1000
A REGISTERED UMITED LIABIUTY 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
I I I CONGRESS AVENUE
AUSTIN, TEXAS 78701
(512) 499-6200
1500 NATIONSBANK PLAZA
300 CONVENT STREET
SAN ANTONIO, TEXAS 78205
(21 O) 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 firm represents Dallas Area Affordable Parmers 1II, 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-I" 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 multifamily complex. Because of the
adjacent uses, shape of the subject tract, and frontage on MacArthur Blvd., a mulfifamily
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 rights 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 multifamily 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 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"
(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".
MF'I
Item 5