CC approval on 4/12/94 AGENDA REQUEST FORM
CITY COUNCIL MEETING: April 12, 1994 ITEM
ITEM CAPTION:
PUBLIC HEARING: To consider approval of a zoning change, Case ~ZC-
556(CH) from C and MF-2 to any appropriate zoning district
classification, including, but not limited to, SF-7, SF-9, SF-12, SF-
18, SF-ED, and/or MF-1, on approximately 35 acres of land located
along the south side of Sandy Lake Road, east of Coppell Road and
north of Whispering Hills and Devonshire Additions; more particularly
described in the Dallas County Records as Abstract #18, tracts 30 and
30.1.
SUBMITTED ~Y: Gary L. Sieb
TITLE: ~--[7f~/-o~F'-PI'a'h~i'ng & Community Services INITIALS
STAFF COMMENTS:
Date of P&Z Meetinq: March 14, 1994
Decision of P&Z Commission: Approval (5-0) to change the zoning to
SF-7 (Single Family-7) on approximately 31 acres of land.
Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand
voted to approve. Commissioners Redford and Meador were absent.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
Because of written opposition to this proposed zoning change, a 3/4
vote of Council (6 votes) will be required for the Planning Commission
recommendation to be followed.
BUDGET AMT. $ ~/~ AMT. EST. $ +/- BUD: $
FINANCIAL COMMEN S.' D
CITY C( [ iCi:
DATE
FIN~CIAL REVIEW: CITY ~AGER REVIEW: ~'
Agenda Request Form - Revised 1/94
Put *goklcnrod' p~q~r in printer-
PLANNING COMMISSION AUTHORIZED PUBLIC HEARING
Case No. ZC-556 (CH)
Location: South of Sandy Lake Road, on the east side of Coppell Road and extending
eastward beyond Whispering Hills Road
Size: Approximately 35 acres
Owner: Steve Anderson
Oklahoma City, Ok.
Existing Zoning: Approximately 10 acres zoned 'C' Commercial, with the remainder zoned
MF-2
Proposed Zoning: SF (with numerical classification to be determined at hearing)
Master Plan: Shows single-family use as most appropriate
Recommendation: This parcel is surrounded by single-family developn~nt and should
eventually conlain tbe sam~ use. Becau~ zoning adjacent rang~ from
SF-12 (with minimum 5 acre lots), SF-,12, PD SF-7, SF-7, 2F-9 and SF-
9, a nunm'ical classification which reflects development in this zoning
Planning Comml~ioa A~km of Mar~ 14, 1994: ~SF-'P mt ~ 31 ~ of
land.
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
ATTORNEYS AT LAW
1333 NEW HAMPSHIRE AVENUE, N.W. 2100 FRANKLIN PLAZA
SUITE 400 A REGISTERED UMITED UABlUTY PARTNERSHIP I 11 CONGRESS AVENUE
WASHINGTON, D.C. 20036 INCLUDING PROFESSIONAL CORPORATIONS AUSTIN, TEXAS 78701
(202) 887-4000 1700 PACIFIC AVENUE (512} 499-6200
65 AVENUE LOUISE, P.S. NO. 7 SUITE 4100 1500 NATIONSBANK PLAZA
1050 BRUSSELS, BELGIUM DALLAS, TEXAS 75201-4618 300 CONVENT STREET
{011 ) 32-2-535.29.11 (214) 969-2800 SAN ANTONIO, TEXAS 78205
65 EAST 55TH STREET TELEX 732324 (210) 270-0800
33R0 FLOOR FAX (21 4) 969-4343 1900 PENNZOIL PLACE-SOUTH TOWER
NEW YORK, NEW YORK 10022 711 LOUISIANA STREET
(21 2) 872-1OOO HOUSTON, TEXAS 77002
WRITER'S DIRECT DIAL NUMBER (214) 969-2793 {713) 220-5800
March 14, 1994
Via Hand D~livcry
Marsha Tunnell, Chairman
Planning and Zoning Commission
City of Coppell
255 Parkway Boulevard
Coppell, TX 75019
RE: Case #ZC-556(CH)
Our File No. 09999-8500
Dear Chairman Tunnell:
This firm represents Sandy Lake Road Limited Partnership, the owner of an approximate
35 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 "C" and "M~-2". The owner purchased the
subject tract in 1974 for developing commercial and multifamily uses. Rezoning of the subject
property to deprive the owner the ability to develop such 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 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 commercial
and multifamily uses is arbitrary and unreasonable and not supported by changed conditions.
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
Ms. Marsha Tunnell
RE: Case #ZC-556(CH)
Mm'eh 14, 1993
Page 2
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: J. Steve Anderson, III
PLANNING COMMISSION AUTHORIZED PUBLIC HEARING
Case No. ZC-556 (CH)
Location: South of Sandy Lake Road, on the east side of Coppell Road and extending
eastward beyond Whispering Hills Road
Size: Approximately 35 acres
Owner: Steve Anderson
Oklahoma City, Ok.
Existing Zoning: Approximately 10 acres zoned "C" Commercial, with the remainder zoned
MF-2
Proposed Zoning: SF (with numerical classification to be determined at hearing)
Master Plan: Shows single-family use as most appropriate
Recommendation: This parcel is surrounded by single-family development and should
eventually contain the same use. Because zoning adjacent ranges from
SF-12 (with minimum 5 acre lots), SF-12, PD SF-7, SF-7, 2F-9 and SF-
9, a numerical classification which reflects development in this zoning
spectrum is appropriate.
~?
Item 8
Sandy Lake Road Limited Partners] 0 1994
5809 N.W. Grand Boulevard, Suite C
Oklahoma City, Oklahoma 73118 _
(405) 842-1081
CERTIFIED MAIL RETURN RECEIPT REOUESTED
March 3, 1994
City of Coppe!l, Texas
City of Coppell Planning Department
225 Parkway Boulevard
Coppell, Texas 75019
TO WHOM IT MAY CONCERN,
This Partnership is the owner of approximately 21 acres of
property zoned MF-2 and located on the south side of Sandy Lake
Road approximately one-half mile west of its intersection with
Denton Tap. The Partnership purchased this property in 1974. The
property was zoned for multifamily use at that time. The
permitted use has been essentially unchanged for twenty years.
During this time a large sum of money has been spent on ad valorem
taxes which were based on the market value of the property which
was based, to a great extent, upon the property's current zoning.
Now that the time for utilizing property zoned multi-family
is approaching, the City is attempting to adjust the established
parameters which affect the design and ultimately the feasible
density of any proposed multi-family projects. These proposed
changes directly impact the development economics, and we believe
are an indirect way by the city to remove any economic incentive a
land owner would have to develop multi-family properties. We
strongly disapprove of any proposed changes in the MF-2 zoning
classification. All legal measures will be taken by this
partnership to assure that MF-2 zoning is preserved in its current
status.
Yours truly,
Steve Anderson, III
GENERAL PARTNER
Councilmember Weaver moved to close the Public Hearing and approve a zoning change, Case
#ZC-555(CH) from MF-1 and MF-2 on approximately 90 acres located on a tract of land at the
northeast comer of Coppell Road and Parkway Boulevard; more particularly described in the
Dallas County Records as Abstract 624, tracts 1 and 3, and Village at Cottonwood Creek II,
Addition to MF-2 on the northwest section, approximately 25 acres and SF-9 on the remaining
approximately 75 acres. Councilmember Reitman seconded the motion; the motion carried 6-0
with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, and
Mayo voting in favor of the motion.
18. Consideration and approval of an ordinance for Case #ZC-555(CH) to change
the zoning from MF-1 and MF-2 to any appropriate zoning district
classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED,
and/or MF-1, on approximately 90 acres located on a tract of land at the
northeast corner of Coppell Road and Parkway Boulevard; more particularly
described in the Dallas County Records as Abstract 624, tracts 1 and 3, and
Village at Cottonwood Creek H, Addition, and authorizing the Mayor to sign.
Councilmember Reitman moved to approve Ordinance No. 91500-A-50 changing the zoning
from MF-1 and MF-2 to SF-9 on a tract of land of approximately 90 acres located north of
Parkway Boulevard and east of Coppell Road and being more particularly described in Exhibit
"A" attached to the ordinance. Councilmember Watson seconded the motion; the motion carried
6-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman,
Mayo voting in favor of the motion.
19. PUBLIC HEARING: To consider approval of a zoning change, Case
~ti_C.,I~ from C and MF-2 to any appropriate zoning district
classification, including, but not limited to, SF-7, SF-9, SF-12, SF-18, SF-ED,
and/or MF-1, on approximately 35 acres of land located along the south side
of Sandy Lake Road, east of Coppell Road and north of Whi~pering Hills and
Devonshire Additions; more particularly described in the Dallas County
Records as Abstract #18, tracts 30 and 30.1.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against
this proposal. Art Anderson, 1700 Pacific Ave., Dallas, representing Sandy Lake Road Limited
Partnership spoke against this proposal. The Mayor then asked for those persons wishing to
speak in favor of this proposal. Chuck Sturges, 132 Newport Drive, President of Devonshire
Homeowners' Association; Pat Moriarty, 156 Meadowglen Circle; Pat Keenan, 412 Wellington;
and Rich Burlingham, 492 Halifax Drive spoke in favor of this proposal. Councilmember
Reitman moved to close the Public Hearing and approve a zoning change, Case #ZC-556(CH)
from C and MF-2 to SF-7 on approximately 35 acres of land located along the south side of
Sandy Lake Road, east of Coppell Road and north of Whispering Hills and Devonshire
Additions; more particularly described in the Dallas County Records as Abstract #18, tracts 30
and 30.1. Mayor Pro Tem Robertson seconded the motion; the motion carried 6-0 with Mayor
Pro Tern Robert.son and Councilmembers Weaver, Stably, Watson, Reitman, and Mayo voting
in favor of the motion.
20. Consideration and approval of an ordinance for Case #ZC-556(CH) to change
the zoning from C and MF-2 to any appropriate zoning district classification,
including, but not limited to, SF-7, SF-9, SF-12, SF-ED, and/or MF-1, on
approximately 35 acres of land located along the south side of Sandy Lake
Road, east of Coppell Road and north of Whispering Hills and Devonshire
Additions; more particularly described in the Dallas County Records as
Abstract #18, tracts 30 and 30.1, and authorizing the Mayor to sign.
CM041294
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