Attorney let.-opposition-MF2 ZCAKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
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March 14, 1994
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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 1anuary 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 the proposed rezoning and the 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.
WSD/plg
Copies:
Mayor Tom Morton
Peter G. Smith, Esq.
Jim Witt
Arthur E. Hewett
Jerry W. Ragsdale
Very truly yours,
William S. Dahlstrom