U-Haul/SPAm-CS001115ROBINSON & WOLENTY, LLP
8888 Keystone Crossing
Suite 710
Indianapolis, Indiana 46240
317/587-7820
1NOV 29 2OOO
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Barbara A. Wolenty
November 15, 2000
Mr, Jkn Witt, City. Manager
City of Coppell
255 Parkway, P. O. Box 478
Coppell, TX 75019
Re: Denton Tap Development
Dear Mr. Witt:
Thank you for your letter regarding the project of our client located near the
intersection of North Denton Tap and State Highway 121 in the City of Coppell,
Texas.
We appreciate your concern and your attention to this issue. We do not desire,
nor have we asked for, any assurance of treatment other than that both our client and
the users for whom our client is attempting to develop the site receive fair treatment
and consistent application of the applicable rules, regulations and ordinances by the
City of Coppell for planning purposes.
Our client was surprised at the City's action in applying for and changing the
zoning subsequent to our client's purchase of the property and its execution of various
contracts selling portions of the property. Our client was further concerned with the
way in which both it and its ultimate user of one contracted purchase were treated
during the course of the planning process, as well as during the course of the City
implemented change of zoning.
We do not ask the City to predict the eventual outcome of a particular
application. We wish to work with the City in such faith toward development within
the applicable laws, ordinances and regulations. We have found, however, that certain
users of the property, including the restaurant to which your letter refers, are
uncomfortable incurring the expense of the city planning and approval process
without an assurance from the City of fair treatment.
Mr. Jim Witt
November 15, 2000
Page 2
We appreciate your letter and appreciate the ability to communicate directly
with you. We or our client will keep you informed of our progress with this project.
BAW:rad
cc: John Urbahns
Stephen R. Thompson
David A. Bunnell
Robert E. Hager
Very truly yours,
Barbara A. _, ~ .~._~-,-~~,~1~
T H E: ~ I 1' Y 0 F'
October 31, 2000
Barbara Wolenty
ROBINSON & WOLENTY, LLC
8888 Keystone Crossing, Suite 710
Indianapolis, Indiana 46260
RE: Denton Tap Development
Dear Ms. Wolenty:
Please be advised that I have discussed with the City Attorney the proposal of your client to engage in
further development on property located at North Denton Tap and 121 along the State Highway 121
corridor and within the corporate limits of the City of Coppell, Texas.
It is our understanding that your clients desire to bring forth a proposed business office building and a
proposed restaurant for development within the City. During the course of the last three months, we have
also been advised that additional development proposals are forthcoming. We have also received your
concerns and that of your clients regarding their alleged treatment during the zoning process. Let me
assure you as City Manager that I am concerned about any allegations of unfair treatment or inappropriate
conduct by members of the City staff, as well as by the Planning and Zoning Commission and/or the City
Council.
Further, it has been indicated to us that you desire to have some assurance as to the treatment that your
clients will receive as a result of their future applications during the planning and development process.
Let me assure you as City Manager that we strive to treat everyone equally within the bounds of the rules,
regulations and ordinances that have been developed by the City for planning. At this point, other than
our ongoing commitment to treat everyone fairly, we are reluctant to make any other representations
concerning issues that may arise during the planning process and viewing of actual application and/or
building plans.
As you are well aware, a restaurant use which has been proposed does require a specific use permit (SUP)
which is a zoning overlay within the underlying zoning for the property which you seek to develop.
Thus, your client will be required to go through the process to receive an SUP which includes review by
the Planning and Zoning Department and review by the Planning and Zoning Commission, with a
recommendation to the City Council for its final action. It is my understanding that the law does indicate
that the zoning change, which includes a specific use permit under Texas Law, is within the discretion of
the City Council as a legislative enactment. As such, we cannot predict the eventual outcome of your
client's application. To indicate otherwise may be construed as contract zoning and/or a violation of the
Open Meetings Act, which we would take very seriously.
255 PARKWAY ~' P.O.BOX 478 ~ COPPE. LI- TX 75019 '~' TEL 972/462 0022 llg FAX 9721304 3,673
Barbara Wolenty
October 31, 2000
Page Two
With regard to other projects which you may propose within this area, the appropriate zoning or
subdivision regulations that are applicable, or in the event of change of use or rezoning, the process as
outlined herein would be required from your client. While we understand that your client may be
frustrated or has not been able to develop the property in the time frame in which it originally sought, it is
our opinion that such circumstances occur. We can assure you that each development will be evaluated
based on the zoning regulations, subdivision regulations and the rules within the parameters of the
discretion imbued by State law.
Despite what you view as an arbitrary and capricious action on our part, we refute such allegation and
reiterate to strive to maintain quality development within our community in order to assure the best for
our citizens.
Should you have any concerns about this process, please contact me directly at (972) 304-3618.
~Witt
ty Manager
! YW:kb
cc: Robert E. Hager, City Attorney