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U-Haul/SPAm-CS001005OCT 85 2000 14:42 FR NICHOLS JRCKSON DILLR4 965 0010 TO 9?2304?092 P.02/04 NICHOLS, JACKSON, DILLARD, I-LAGER & SMITH, L.L.P. Robert E, Hager F-mail: rhngcr(~njdhs.com Attorneys & Counselors ut Law 1800 Lincoln Pln,~ $00 North Akard DnJlas, Texas 75201 (214) 965-09OO Fax (214.) 965-0010 E-mail NJDH$ ONJDHS.com ROBERT L, D~LL4RD. JR. H, LOUI~ NICHO(~ I.AWI~ W, dA~SON c~= CX)UNB~, October 5, 2000 VIA FACSIMILE (214) 745-5390 AND U,S. FIRST CLASS MAIL Arthur J. Anderson Winstead Sechrest & Minick, P.C. 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270-2199 RE: U-Haul International Site Plan Dear Mr. Anderson: Please be advised that we are in receipt of your letter requesting a response as a result of the apparent filing of documents regarding the above referenced subject at the City of Coppell on September26, 2000. It is our understanding that on or about September 22, 2000, a letter was sent to U-Haul from the Planning and Zoning Commission outlining results of the site plan review hearing. This is done for all applicants to explain the appeal procedure and the next step after the Planning and Zoning Commission meeting. In lieu of an appeal, it appears that on September 25, 2000 a representative on behalf of U-Haul International appeared at the City Secretary's office desiring to file certain new or revised plans or drawings concerning your client's site plan. It is our understanding that the City Secretary refused to sign and acknowledge receipt since plans are to be filed with the Planning. Department and referred the pcrson to thc rcceptionist. Hence, these documcnts along with a filing fee were left with the receptionist and she indicated her receipt by her signature, While we understand that your client is anxious to proceed through the development process, we are very carefully trying not to assume or infer any actions on the part of any applicant. As you arc well aware, the underlying property owner has threatened suit against the City during thc course of the proceedings with zoning changes OCT 05 2000 14:42 FR NICHOLS JACKSON DILLA4 9G5 0010 TO 9?2304?092 P.03/04 Mr. Arthur $. Anderson October ~, 2000 Page 2 on the property as well as through the site plan development. Therefore, we are cautious not ~ presume the intentions of any of the parties through thc development process. For this reason and this reason alone, Mr. Sieb, applying the u~nost caution, could not infer the desires of your client to file a new site plan or appeal with a revised site plan without first having discussed thc matter with them. As a result, Mr. Sieb wrote the letter referred to in thc last correspondence, as he would in any case, concerning the documents that had bccn left with thc receptionist. Since your client had not communicated with Mr. Sicb, wc were left no alternative but to return the items to U-HauL ~ Perhaps any misunderstandings could have been avoided had your client's representative discussed their desires with Mr. Sicb. We assume that based on your letter of October 2, 2000 that you desire to file a new application regarding site plan review for the property located on Highway 121 which has been previously identified as the "U-Haul" site. If you desire to continue with the site plan review please resubmit your plans. As for all requests for site plan review for the November docket, please be advised that the submittal date for applications is October 16, 2000. With regard to your desire for us to retract statements from the September 26, 2000 letter from Mr. Sieb, we do not understand your request for such retraction. The letter arid its contents is the standard procedure under such circumstances, insuring your client was '~ted just like everyone else" and is employed in all cases, notwithstanding the Vested Rights arguments asserted by your clients or those issues regarding the underlying zoning. Therefore, it is our position that U-Haul has not received inappropriate treatment as a result of its application involving this site plan. It is our understanding that prior to filing the site plan U-Haul was aware that the zoning was changing and that there may be issues concerning the development of the site in relationship to the Vested Rights statute, It is not Mr. Sieb's job to guess at anyone's intentions nor respond to threatened legal action. Notwithstanding your concern regarding our client's conduct, it is well within the purview of Mr. $ieb to de~ermine whether or not your client was wishing to appeal or whether he was filing a new application. That is part of the process of accepting and processing applications, As you are well aware, there are serious legal issues concerning and surrounding the Vested Rights statute and its applicability to your client and its ability to develop this land in accordance with Light Industrial ("LI") standards. We will advise our clients concerning the appropriate legal issues applicable to this development, However, we must also address and conduct the processing of all applications within the bounds of the law as dictated by the Texas Legislature and the ordinances of the City of Coppell. We certainly do not apologiz~ for being very cautious and requesting instructions from your client being clearly delineated so as not to place either tile City or U-Haul in an unfavorable legal position. With the positions taken relative to the development of this NICHOLS, JACKSON, DILLARD, HAOER & SMITH, L.L.P. OCT 05 2000 14:42 FR NICHOLS JACKSON DILLA4 9G5 0010 TO 9723047092 P.04/04 Mr. Arthur I. Anderson October 5, 2000 Page 3 property, it is appropriate for us to act cautiously and to set forth our position forthrightly with regard to the issues concerned. Additionally, your letter indicates that the City should reimburse U-Haul for it~ cost to resend the application to the City, Had your client advised Mr. Sieb's office of this pending action, he would have been told of the next application submittal date and saved the mailing costs, We do not understand the implication here. Please advise. Thank you for your attention to this matter. If you have any questions please contact us at your convenience. Very truly yours, NICHOLS, JACKSON, DILLARD, I-lAGER & SMITH, L,L.P. By: Rober~ E. R~H/cdb cc: Mr. Jim Witt Mr, Gary Sieb ('VIA FACSIMILE) (VIA FACSIMILE) NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.