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Town Center SC/PP-CS 960409ARR 0~ '.96 02:07PM RBA DALLAS PBA DALLAS I'IABRY 14. HAFIGI~AVE INVESTMENTS CERTW~D M~II~ RETURN REcEnrf REQUESTED Att: Mr. Fun Witt, City Manager City of Coppell 255 Parkway Boulev~ Coppell, Texas 75019 Ap~ 9, 1996 Reference is made to Zoning Case No. ZC-:590 requesting a change in zoning dmignafi~ from SF-12 to Town Center (the "Ro.~8 Application") with respect to that certain one acr~ t~aot of land ~ronting on Sandy Lake Road, Coppen, Texas, located approximate~ 380 fleet east of the intersection of Denton Tsp Road and Sandy Lake Road and appro~ 110 feet west of thc Chaucer Estates subdivision, Coppell, Texas (the "Subject Tract"). I have been advised by Mr. William A. Anderson of D°'aMay, Anderson and Assooiate~, Inc., who is handling the Re-~ Application, that three owners of propen'y k the Chauoer Estates subdivision appeared at the hearing before the Copped plan,leS and Zoning Counnissi~ on March 21, 1996, in opposition to the Re. Zoning Application. Mr. Anderson further has advised nm that tim thre~ property owners stated reason for opposing the P,e-Zoning App~ was la~k of hfimmlion concerning the overall plan for the development of the Subject Tract and tho areas to the east, west and north of the Subject Tract which already are zoned Town Center. Became of such opposition, Mr. Anderson elected to table the Re-Zoning Application unt~ the hearing before the Coppoil Planning and Zoning Comn6~ion on Ap~ lg, 1996, in order to allow Mr. Steve Lipsoomb of Ewing Prop~ties, Inc., the entity which has contracted to purchase the Subject Tract and certain are~ to the east, west and north of the Subject Tract for development, to meet with the opposing property ownet~ and explain the contemplated development ofth~ Subject Tract and the applicable other areas. It is my undcrstanding that Mr. Lipscomb already had scheduled a meeting wilh tho opposing property owners for such purpose. While I am not sure at this time whether there is any potential problem with respect to the approval of the Re-Zoning Application, I continue to be fmm~ed by the seeminsly unnecesmy delays in developing property in the City of Coppell. The use of the Subject Tract is indicated as Town Center on the City of Coppen's comprehensive zoning plan. The Subject Tract is surrounded on three sides (east, west and north) by property zoned Town Center and on the remainm' 8 boundary by Sandy Lake Road, · major thorougl~re. All of the concept plans previously discussed with the City of' Coppell's representatives, which were generally indiented as being acceptable to such rcprcsentatives, showed the Subject Tract being used for Town Center uses. 12221 Merit Drive · Suite No. 1750 · Dallas. Texas 75251-2252 · Phone (214) 388-9157 APR 09''96 02:08PM PBA DALLAS PBA DALLAS HlVlH 4/9/96 Page 2 Based on the fore$oin& in my opinion, failure or refusal of'the City of Coppdl to approve the Re- Zonins Application would be unreasonable. My attorney has confinn0d that existin8 Texas casehw imposes a reasonablenen standard with respect to decisions by Texas nnmic/palities in 8ranfins or denying requests for zonin8 chan~es and that a municipality's comprehensive zoning plan must, by statutory mandate, serve as the basis for subsequent zonin8 amendments. Althoul~ I do not wish to be perceived as threatenin~ litigation, it is important that the City Of Coppell understand that fnibt~ or refusal to approve the B.e-Zonin~ Application in a thnely manner could result in the c(mtracts with Ewing PTopertie~, Inc. coveclaS the Subject Tract and certain other areas in the proximity of the Subject Tract not beha; consummated. If such contracts are not consummated, the owners of the Subject Tract and of the other areas in the pro~in4ty of the Subject Tract will suKBr substantial monetary damagos. I realize that the City of Coppell's planning staff'has recommended approval of the Re. Zoning Application. Hopefully, the delay in approval of the Re-Zonh___~ Application oocasioned by the opposition of the three Chaucer Estates prop~ owners at the City of Coppeil Plnnins and Zoning Commission hearin~ on March 21, 1996, will prove to be only a temporazy setbae~ but please be advised that failnre or refund of the C~ of Coppell to timely q:~prove the go-Zoahg Application could have disastrous consequences on the owners of the Subject Tract and the other areas in the proximity t~m~of covered by the contracts with Ewing Properties, Inc. Vory truly yours, The Parks of Coppdl Trust CC: Mr. %~rllliam A. Anderson Mr. Dan Beaird Mi'. Richard M. Dooley, Esq. Mr. Stero Lipscomb Mr. 1ames W. Ih)so, Esq. lVlt. Peter O. Smith, Esq.