Responses - OppositionSENT BY:
t 12-~4 ; 2:4bP~4 :DALLA3~ IX. ~2 4344-
~809 N-W. Grand Bo~cv~d, $~ C
Oklahoma City, Oklaho~ ~3118
214 333 0348;~ 2/ 2
Mayor Tom MOrton
City of Coppell, Texas
City of Coppell Planning DeDartment
325 ~&rkweM Boulevard
C~ll, -T~as 75019
(21~) 393-0.948 F~
RB: ZC-556 (C~)
DamS' Mayor Morton,
This Partnership is the Owner o£ appro~
Xoa~ ~n~ Oo~t~l ROi~ ~ I~pr~x~Cel~
~-~ ~d located on ~he South side of
a~oxi~=el~ one-hal~ m~le wes~ o~ irs inte
P~per=y wag son~ Eot c~ercial a~d
~l~e. ~e Pe~tct~ uae ~s b~n essen~iall,
yea~s. ~r~ Chis rime a large l~ of mom
vilor~ ~axea which were ~sed on ~he ~rke~
~lch was ~aed. =o a gr~a~ ~en~, u~n =h~
&~d co~aercA&l Ss approaching, the city is a~
the~e ~rac=B. We s~rongly disapprove o~ any
proper=y zoned Ml~-2 and C zoning classifica~t
and C coning cleaslflca~lo~s which wa have bi
chen twenty year~,
4-]?-94P;~3:34 RCvD
corner Of l~k~
=res of proper~¥
~ke Road
user,ion wi~hDen~n
t in 197~. The
~ily uSS a~ that
unchanged £or tw~tn~y
has ~en ~n= on ad
value o~ che Pr~er=y
Property's curren~
' zoned multi-£amil¥
~mpCing Co down,one
~eson~g o[ O~Ar
OhS. Al~ legal
preserve ~he
en afforded ~or more
~. Stews Andermon. l~l
AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.
ATTORNEYS AT LAW
1333 NEW HAMPSHIRE AVENUE, N.W.
SUITE 400
WASHINGTON, D.C. 20036
(202) 887-4000
65 AVENUE LOUISE, P.B. NO. 7
1050 BRUSSELS, BELGIUM
(011) 32-2-535.29.11
65 EAST 55TH STREET
33fid FLOOR
NEW YORK, NEW YORK 10022
{212) 872-1000
A REGISTERED UMITED UASIUTY PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
1700 PACIFIC AVENUE
SUITE 4100
DALLAS, TEXAS 75201-4618
(214) 969-2800
TELEX 732324
FAX (214) 969-4343
March 14, 1994
2100 FRANKLIN PLAZA
I 11 CONGRESS AVENUE
AUSTIN, TEXAS 78701
(512) 499-6200
1500 NATIONSBANK PLAZA
300 CONVENT STREET
SAN ANTONIO, TEXAS 78206
(210) 270-0800
1900 PENNZOIL PLACE-SOUTH TOWER
71 1 LOUISIANA STREET
HOUSTON, TEXAS 77002
(713) 220-6800
Via Hand Delivery_
Marsha Tunnell, Chairman
Planning and Zoning Commission
City of Coppell
255 Parkway Boulevard
Coppell, TX 75019
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 ot~ Coppell, and Section 211.006
of the Texas Local Government Code.
The subject property is currently zoned "C" and "MF-~". The owner purchased the
subject tract in 1974 for developing commercial and mulfifamily!uses. Rezoning of the subject
property to deprive the owner the ability to develop such is an ~rbitrary and unreasonable act
that destroys our client's investment backed expectations an~l 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 pOblic 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 propertyi 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, HAU£R & FELD, L.L.P.
Ms. Marsha Tunnell
RE: Case #ZC-556(CH)
March 14, 1993
Page 2
We will be in attendance at the Planning and Zoning Cor~mission hearing on March 14,
1994 if you have any questions concerning the matters set forth herein.
Very truly yoursi
William S. Dahl~, trom
WSD/skm
Enclosure
Copies:
J. Steve Anderson, III
Location:
Size:
Owner:
PLANNING COMMISSION AUTHORIZED PI~BLIC HEARING
Case No. ZC-$56 (CH) i
South of Sandy Lake Road, on the east side df
eastward beyond Whispering Hills Road
Approximately 35 acres
Steve Anderson
Oklahoma City, Ok.
Coppell Road and extending
Existing Zoning:
Proposed Zoning:
Master Plan:
Recommendation:
Approximately 10 acres zoned "C" Commercial, with the remainder zoned
MF-2
SF (with numerical classification to be determined at hearing)
Shows single-family use as most appropriate
This parcel is surrounded by single-fa~nily development and should
eventually contain the same use. Because zoning adjacent ranges from
SF-12 (with minimum 5 acre lots), SF-121 pD SF-7, SF-7, 2F-9 and SF-
9, a numerical classification which reflects development in this zoning
spectrum is appropriate.
Item 8
ADMINISTRATIVE GROUP
2727 CHEMSEARC~ BLVD
11994
March 11, 1994
Via Hand Delivery
Ms. Marsha Tunnell, Chair
Planning and Zoning Commission
cJo Gary Sieb, Director of Planning
CITY OF COPPELL, TEXAS
255 Parkway Blvd.
Coppell, TX 75019
RE:
Recommendations from lhe Comprehensive Plan Update
Item 6. Non-Conforming 2F-9 to remain 2F-9 and MF-2 to SF along Coppell Road
Dear Ms. Tunnell:
As we indicated in our previous correspondence, and at thq February 26 P&Z Workshop,
the NCH Corporation does not believe that a zoning changq, as proposed by P&Z, for our
property is in the best of interests of us, the City, or it's (pitizens. This belief is based
upon the many sound planning reasons which we discussed with the commission at the
workshop and have subsequently communiicated with ar~a homeowner groups. We,
therefore, respectfully request that the Planr'!ng and Zoning Commission not vote to take
action that would depdve NCH of zoning on this propertyas it currently exists.
As you may know, in an effort to be a good neighbor an~l corporate citizen, the NCH
Corporation has always cooperated fully with the City, wlhen called upon, to address
planning issues concerning the western portion of the City and our property. Now is no
exception.
To address the concerns that the P&Z and some of our residential neighbors may have
regarding the Multifamily zoning along Coppell Road, and tq respond to the commission's
direct request that we do so, the NCH Corporation is willing to commit to the City that we
will, upon our development of this portion of the property, provide for a landscaped
greenbelt b. uffer between the Multifamily and the Coppell Rpad right of way. Specifically,
we agree, in addition to all the normal City requirements, ~o do the following:
Provide for an increased building and parking setback, along Coppell Road, to fifty
(50) feet beyond the ROW. Line.
Fully landscape this setback area in a manner consistent with the City's
"Streetscape Plan," including grass or other groundcovers, bermsl trees, and
shrubs.
Construct a continuous sidewalk, the length of the greenbelt, meandering in an
attractive manner through the landscaping.
Limit the number of driveway access points, along Coppell Road, to three (3).
TELEPHONE A C 2 4-438-02 TELEX 73336 CABLE NATCHEM IRVING TELECOPY AIC 214-438-0186
MAILING ADDRESS: P.O. BOX 152170, IRVING, TX 75015-2170
Ms. Marsha Tunnell
Planning and Zoning Commission
March 11, 1994
Page 2
We trust that you will agree that the commitment we have loutlined herein is consistent
with the direction we received at the workshop. Additionally, be assured that we have
made every effort to communicate with the interested hon~eowner groups, including a
presentation of our plan and these commitments to a meetiOg of the Devonshire HOA on
March 9, at their initiation. We have subsequently been r~formed that the Devonshire
HOA is now not opposed to our request.
We will be present at your March 14 meeting, should you ihave any questions. Thank
you.
Sincerely,
NCH CORPORATION
i'
Don Moulton, P.E.
Director of Corporate Real Estate
CC:
Mr. Curtis Young
Peckham & Young
8445 Freeport Parkway, Ste 660
Irving, TX 75063
Mr. Robert L. Blumenthal, Esquire
Cardngton, Coleman, Sloman & Blumenthal
200 Crescent Court, Suite 1500
Dallas, TX 75201
Sandy Lake Road Limited 1
5809 N.W. Grand Boulevard, St
Oklahoma City, Oklahoma 7!
(405) 842-1081
CERTIFIED MAIL RETURN RECEIPT
March 3, 1994
City of Coppe!!, Texas
City of Coppell Planning Department
225 Parkway Boulevard
Coppell, Texas 75019
TO WHOM IT MAY CONCERN,
This Partnership is the owner of approx~
property zoned MF-2 and located on the south
Road approximately one half mile west of its
Denton Tap. The Partnership purchased this
property was zoned for multifamily use at th~
permitted use has been essentially unchanged
During this time a large sum of money has
taxes which were based on the market value
was based, to a great extent, upon the propel
Now that the time for utilizing propert]
is approaching, the City is attempting to ad-
parameters which affect the design and ultim~
density of any proposed multi-family project~
changes directly impact the development econ(
are an indirect way by the city to remove aH
land owner would have to develop multi-famil
strongly disapprove of any proposed changes
classification. Ail legal measures will be
partnership to assure that MF-2 zoning is pr
status.
REOUESTED
.mately 21 acres of
side of Sandy Lake
intersection with
,roperty in 1974. The
t time. The
for twenty years.
,n spent on ad valorem
the property which
ty's current zoning.
zoned multi-family
ust the established
.tely the feasible
These proposed
,mics, and we believe
economic incentive a
properties. We
the MF-2 zoning
aken by this
~served in its current
Yours truly,
J. Steve Anderson, III
GENERAL PARTNER