CC approval on 5/17/94 AGENDA REQUEST FORM
CITY CO~CIL HEETXN~: May ~ 1994 IT~
ITEM CAPTION:
PUBLIC HE~RING: (CONTINUATION)
Consideration and approval of a zoning change, Case #ZC-557(CH) from
MF-2 to any appropriate zoning district classification, including, but
not limited to MF-1, O, and/or R, on approximately 16 acres of land
located at the northwest corner of Beltline Road and MacArthur
Boulevard, and east of the TP&L transmission line; more particularly
described in the Dallas County Records as Abstract #1442, tract 2.1
and 1.4.
SUBMI;;;LDE d Community Services INITIALS
STAFF COMMENTS:
Date of P&Z Meetinq: March 14, 1994
Decision of P&Z Commission: Approval (5-0) to change zoning to O
(office) on the approximate 6.6 acre tract north of the proposed
Riverchase Drive extension and R (Retail) on the approximately 8.8
acre tract south of Riverchase Drive extension. Commissioners
Alexander, Wheeler, Thompson, Tunnell and Hildebrand voted to approve.
Commissioners Redford and Meador were absent.
STAFF RECOMMENDATION Approval X 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.
This item was held open and continued from the April 12th City Council
Meeting.
BUDGET AMT. $ EST. $ +/- BUD: $
CiTY cOUN(7,ZIL
DATE- -
~enda Request Form - Revised 1/94
SUPPORT DOCUMENTATION FOR AGENDA ITEM
STAMP RECEIVED BY CITY MANAGER'S OFFICE:
SUPPORT DOCUMENTATION SUBMITTED WITH ITEM: NO. OF ORIGINALS REQUIRED
MEMOS/LETTERS/REPORTS/BILLS/MINUTE · X 1 each
CONTRACT/AGREEMENT ............ : 3 originals for signature
C.I.P. CONTRACT .................. : 6 originals for signature
CHANGE ORDERS ................. : 3 originals for signature
ORDINANCE ..................... : ! blueback for signature + 3 copies
CAPTION ....................... : 1 blueback for signature
RESOLUTION ..................... :
............................... 2 blueback for signature + 1 copy
PROCLAMATION .................. : 2 blueback for signature + 1
BIDS
........................... 1 each
SUPPORTING DOCUMENTS (narrative) .... 18
(over 10 pages or 5 double sided in length)
LOCATION MAPS .................. : 14
ZONING PLANS .................... 14
PRELIMINARY/FINAL PLATS ........... 14
SITE PLANS ....................... 14
LANDSCAPE PLANS ................. 14
ARCHITECTURAL RENDERINGS ........ 14
LENGTHY DOCUMENTS .............. 14
(zoning, subdivision ordinance, master plans)
DATE PUBLISHED IN THE CITIZENS' ADVOCATE: March 25, 1994
(to meet legal requirements prior to consideration by council)
NOTIFICATION TO: Property owner and residents within 200 feet of proposed change.
METHOD OF CONTACT: Notice
NOTES
Agenda Request Distribution- Revised 1/94
PLANNING ~
COMMISSION A1 IZED PUBLIC HEARING
Case No. -
I_xx~tion: Northwest Comer of Beltline Road and MacArthur Boulevard
Size: Approximately 15.5 acres
Owner: C.E.D. Construction
Maitland, Fl.
Existing Zoning: MF-2
Proposed Zoning: (O) Office on approximately 6.6 acres north of proposed extension of
Riverchase Drive on the west side of MacArthur Blvd.; (R) Retail on
approximately 8 9 acres south of the extension of Riverchase Drive on the
west side of MacArthur Blvd.
Master Plan: Shows Office uses north of Riverchase extension, retail and low density
residential south of the extension
Recommendation: "ON, Office zoning north of Riverchase Drive extension, NRN Retail
zoning south of the extension '
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 UAB~UTY PARTNERSHIP 111 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.a. NO. 7 SUITE 4100 1500 NATIONSBANK PLAZA
1050 BRUSSELS, SELG~UM DALLAS, TEXAS 75201-4618 300 CONVENT STREET
(O11 ) 32-2-535.29.11 (214) 969-2800 SAN ANTONIO, TEXAS 78205
65 EAST 55TH STREET TELEX 732324 (210) 270-0800
33RD FLOOR FAX (214) 969-4343 1900 PENNZOIL PLACE-SOUTH TOWER
NEW YORK, NEW YORK 10022 711 LOUISIANA STREET
(212) 872-1000
HOUSTON, TEXAS 77002
WRITER'S DIRECT D~AL NUMBER (214) 969-2793
(713) 220-5800
March 14, 1994
Via Hand Delivery_
Marsha Tunnell, Chairman
Planning and Zoning Commission
City of Coppell
255 Parkway Boulevard
Coppell, TX 75019
RE: Case #ZC-557(CH) CC '~:~'-~- ~
Our File No. 11659-0000
Dear Chairman Tunnell:
This firm represents the owner of 15.6002 acres of land in the City of Coppell, said land
being identified on the accompanying map and 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 "MF-2' and is surrounded by a railroad right-of-
way, a power line easement and major thoroughfare (MacArthur Blvd.) Currently, our client
has a plat application fried for this tract of land for the purpose of developing a multifamily
project. Because of the adjacent uses and frontage on MacArthur Blvd., a multifamily complex
is the most logical use of this land.
Rezoning of the subject property to deprive the owner the ability to develop a multi-
family complex 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
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
Ms. Marsha Tunnell
RE: Case #ZC-557(CH)
March 14, 1993
Page 2
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 a multifamily complex is arbitrary and unreasonable
and not supported by changed conditions.
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: Robert Voelker
Dave Brown
Steve Hare
PLANNING COMMISSION AUTHORIZED PUBLIC HEARING Case No. ZC-557 (CH)
Location: Northwest Corner of Beltline Road and MacArthur Boulevard
Size: Approximately 15.5 acres
Owner: C.E.D. Construction
Maitland, Fl.
Existing Zoning: MF-2
Proposed Zoning: (O) Office on approximately 6.6 acres north of proposed extension of
Riverchase Drive on the west side of MacArthur Blvd.; (R) Retail on
approximately 8.9 acres south of the extension of Riverchase Drive on the
west side of MacArthur Blvd.
Master Plan: Shows Office uses north of Riverchase extension, retail and Iow density
residential south of the extension
Recommendation: ~O*, Office zoning north of Riverchase Drive extension, 'R*, Retail
zoning south of the extension
MF'I
C
Item 9
Robertson and Councilmembers Alexander, Stably, Watson, Reitman, Mayo, and Sheehan voting
in favor of the motion.
Item I --
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mr. Clemente, representing Park 'N Fly, made a presentation to the Council regarding the
billboard issue. Councilmember Stahly moved to approve Item I with the Developer's
Agreement and that an agreement be entered into with the City regarding time on an electronic
billboard, if erected, and authorizing the Mayor to sign. Councilmember Reitman seconded the
motion; the motion carried 6-0 with Councilmembers Alexander, Stahly, Watson, Reitman,
Mayo, and Sheehan voting in favor of the motion.
11. A. Discussion and consideration of accepting the resignation of Candy
Sheehan, Park Board, and Norman Alexander, Planning and Zoning
Commission. Both members terms expire October, 1995.
B. Discussion and consideration of filling a vacancy on the Park Board
created by the resignation of Candy Sheehan.
C. Discussion and consideration of filling a vacancy on the Planning and
Zoning Commission created by the resignation of Norman Alexander.
Item 11 A--
Councilmember Watson moved to accept the resignation of Candy Sheehan, Park Board, and
Norman Alexander, Planning and Zoning Commission. Councilmember Mayo seconded the
motion; the motion carried 6-0 with Councilmembers S tahly, Watson, Reitman, and Mayo voting
in favor of the motion. Councilmembers Alexander and Sheehan's abstention counted as a vote
in favor of the motion, per the Home Rule Charter, Section 3.1 lB.
Items 11 B and C were postponed until the Special Called Meeting on May 17, 1994.
12. Introduction of Mr. Will Nabors, Lone Star Gas Business Development
Manager.
Janie Hooker, representing Lone Star Gas, introduced Will Nabors who will be the new business
development manager with Lone Star Gas and will be serving Coppell. No action was required
on this item.
13. Presentation on the Metrocrest CROP Walk on Hunger, by Chairperson Lani
Constandse.
Lani Constandse, Chairman of Metrocrest CROP Walk for Hunger, made a presentation to the
Council regarding the Walk for Hunger and asked for Council's support for this event.
Consensus of Council was to schedule an agenda item to approve and endorse the event.
14. PUBLIC HEARING: (CONTINUATION)
Consideration and approval of a zoning change, Case #ZC-557(CH) from
MF-2 to any appropriate zoning district classification, including, but not
limited to MF-I~ O and/or R, on approximately 16 acres of land located at the
northwest corner of Beltline Road and MacArthur Boulevard, and east of the
TP&L transmission line; more particularly described in the Dallas County
Records as Abstract #1442, tract 2.1 and 1.4.
Item 14 was postponed until the Special Called Meeting on May 17, 1994.
CM051094
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10. PUBLIC HEARING: (CONTINUATION)
Consideration and approval of a zoning change, Case #ZC-557(CH) from
MF-2 to any appropriate zoning district classification; including, but not
limited to MF-1, O, and/or R, on approximately 16 acres of land located at
the northwest corner of Beltline Road and MacArthur Boulevard, and east of
the TP&L transmission line; more particularly described in the Dallas County
Records as Abstract #1442, tract 2.1 and 1.4.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton advised that the Public Heating remains open from the April 12, 1994 meeting,
and asked for those persons wishing to speak against this proposal. Bob Voelker, 8445 Freeport
#650, spoke against this zoning change. The Mayor then asked for those persons wishing to
speak in favor of this proposal. Ivan Loffier, 1319 Westchester Drive; Pat Moriarty, 156
Meadowglen Circle; Z. C. Dameron, M.D., 440 Beacon Hill Road; Paul Shea, 259 Tealwood,
President of Wynnpage Homeowner's Association; J. Mark Barnes, 531 Beverly Drive; Harris
Johnson, 131 Park Valley Court; Thomas Cobum, 514 Beverly Drive; Leslie Fetchen, 733
Cardinal Lane; Tom Quintana, 901 Westwind Cove; Pat Keenan, 412 Wellington; Larry Creef,
933 Creek Crossing; Bill Kingsley, 436 Beacon Hill Drive; Chuck Sturges, 132 Newport Drive;
Bill Whitehill, 747 Meadowlark; Margaret Mike, M.D., 232 Beechwood Lane; Andy Wagner,
601 Wellington; Jena Simmons, 616 Thompson; Doug Powers, 901 Brown Trail; and Peyton
Weaver, 701 Dove Circle spoke in favor of this zoning change.
At this time, Council adjourned into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code - Consultation with City Attorney.
Mayor Morton convened into Executive Session at 9:10 p.m. as allowed under the above-stated
article. Mayor Morton adjourned the Executive Session at 9:12 p.m. and opened the Regular
Session continuing with Item 10.
REGULAR SESSION (Open to the Public)
Councilmember Mayo moved to close the public heating and change the zoning in Case
#ZC-557(CH) from MF-2 to O (Office) on the approximate 6.6 acre tract north of the proposed
Riverchase Drive extension and R (Retail) on the approximately 8.8 acre tract south of
Riverchase Drive extension. Councilmember Reitman seconded the motion; the motion carried
7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stably, Watson, Reitman,
Mayo, and Sheehan voting in favor of the motion.
11. Consideration and approval of an ordinance for Case #ZC-557(CI-I) to change
the zoning from MF-2 to any appropriate zoning district classification;
including, but not limited to MF-1, O, and/or R, on approximately 16 acres
of land located at the northwest corner of Beltline Road and MacArthur
Boulevard, and east of TP&L transmission line; more particularly described
in Exhibit A & B attached to the ordinance, and authorizing the Mayor to
sign.
Mayor Pro Tem Robertson moved to approve Ordinance No. 91500-A-54 to change the zoning
from MF-2 to any appropriate zoning district classification; including, but not limited to MF-1,
O, and/or R, on approximately 16 acres of land located at the northwest comer of Beltline Road
and MacArthur Boulevard, and east of TP&L transmission line; more particularly described in
CM051794
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