Departments A-E City Manager's Office North Lake Development
| North Lake Development |
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North Lake Development Update (Cypress Waters)Current Situation
As of October 3, 2008
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| 82 acres @ $5.00 per SF |
$17,859,600 |
| 20 acres @ $ .50 per SF | $ 436,600 |
| 20 acres @ $1.92 per SF | $ 1,672,704 |
| Infrastructure Costs | $ 4,000,000 |
Dr. Turner said, "Hard work and diligent hours on the part of many have helped us to successfully conclude this matter. We are satisfied with the outcome and I am confident that we have secured enough property to be able to maintain the high quality of education throughout the district. I am excited to now be able to spend more of our time focusing on kids and education."
An agreement in principle has been reached among the City of Coppell, The Coppell Independent School District, Luminant Generation Company and Billingsley Company that will result in the resolution of all previous litigation and complete the development addressing the use of close to 1,700 acres of land known as Cypress Waters.
Under the agreement the majority of the acreage will be owned by the City of Coppell, Coppell ISD and Billingsley. Luminant will retain a power plant on the site and water rights for the lake. After a period of time, not to exceed ten years, the property will be transferred to the City of Coppell. Acreage listed below equates gross acres net of easements and natural gas sites.
* Billingsley 843 acres
* City of Coppell 475 acres
* Coppell ISD 122 acres
The balance of the acreage will be retained by Luminant for their operations.
"This agreement will ensure we will continue to provide our students with the facilities necessary to achieve academic success," said Dr. Jeff Turner, CISD Superintendent of Schools.
"From the beginning, the school district has wanted two things: 1) enough property to build school facilities to meet the needs of the students generated by the new Cypress Waters Development, and; 2) a master plan for the entire 1,700 acres in that North Lake area. We’ve accomplished both goals with this settlement," he added.
"I am confident that our cooperative efforts will result in a beneficial outcome for everyone," said Mayor Doug Stover. "I am very appreciative of the compromise by all parties. Of the few win-win situations in real life, this will certainly be one of them. We are pleased that Luminant recognized our community’s concerns and will be contributing to the successful settlement of a complex issue in a way that will benefit the entire region," he said.
"Cypress Waters has the chance to be the consummate New Urbanist Development in the North Texas area. Guided by the 10 Principles of Design Excellence by the North Texas Council of Governments, Billingsley hopes to create a community for offices and residents with retail services respecting the environment and tomorrow’s ideal lifestyles," said Lucy Billingsley, Partner, Billingsley Company. "The teams from all organizations have done a great job in representing their constituents and creating the possibility of a wonderful and environmentally sensitive community," said Billingsley.
Under the agreement, if the utilities are delivered from Irving through an agreement with Dallas, Billingsley has agreed to cap the number of residential units in its Cypress Waters development at a reasonable density and to include a neighborhood of single family homes built along the eastern portion of the property, parallel to Irving’s existing communities. The school district and city will have land to develop additional facilities and infrastructure.
The City of Coppell will use the land it acquires for utility improvements including a pump station and storage. Future plans call for additional water storage and training areas for public safety agencies. Coppell ISD will use the land it acquires for two new elementary schools, a high school and room for additional office space.
The agreement in principle announced today commits all parties to work together toward a final settlement agreement by September 17th. Both the City of Coppell and Coppell ISD have already arranged financing for the purchase of the land they are projected to receive in the agreement.
"We are now confident that we will have the land we need to be able to build facilities to serve a growing student population," said CISD Superintendent Jeff Turner.
"Since the transaction first began, Luminant has been working with both the City of Coppell and the City of Irving to understand their long term concerns for the North Lake site and engage them in the transaction. Luminant is committed to working on behalf of the communities we serve, and therefore, we are pleased that this transaction was able to foster a comprehensive agreement that protects the interests and meets the needs of all parties involved," said Brett Wiggs, Luminant vice president.
All city cases are under appeal with the exception of the regional general welfare case which has not moved forward. City officials expect no movement on any City cases within the next six months.
Regional General Welfare Case
City of Coppell and Coppell ISD vs. City of Dallas
There has been no activity on this case during the past quarter. At this time, no dates have been established for any type of judicial action.
City of Dallas vs. Doug Stover
Dallas County District Court has abated this case on November 27, 2007.
City Condemnation Case
County Court at Law No. 3 entered an order in November, dismissing the City’s condemnation proceedings to acquire approximately 70 acres of land within the 342-acre tract. The land is owned by CB Parkway. The one page order did not provide any reason for the court’s decision although the CB and Dallas attorneys principally argued that Coppell has no authority to condemn land outside of its boundaries and within another home rule city. On appeal, the city’s attorneys will argue that a state statute specifically authorizes it to condemn land outside its boundaries for the same purpose it could condemn inside its boundaries - to meet the needs for park and work force housing (for police, fire and school district employees) who otherwise could not live in the community. The dismissal, with prejudice, clears the way for Coppell to obtain a final ruling on the public purpose, authority and necessity for the taking from the Court of Appeals and Texas Supreme Court. This case is now in the court of appeals.
Coppell ISD Condemnation Case
Cist’s condemnation case is set to go to court on Feb. 25, 2008, in Judge Greenberg’s court to determine the value of the land. This ruling will determine what position the district will be in to exercise their right to purchase 125 acres land. The City has no active role in this case.
Dallas, Texas - A Dallas County Court at Law has ruled that the Coppell Independent School District has the right to condemn land from a private developer for new schools and administration offices. Judge Mark Greenberg will conduct a separate hearing that is set on November 12th to determine the value of the land.
The School District filed condemnation proceedings for 125.831 acres of the property, which is currently called North Lake, for an educational campus that will eventually consist of a new high school, middle school, two elementary schools and administrative center. The condemnation proceedings followed the failure of efforts to purchase the land from its current owners, CB Parkway Business Center VI, Ltd. and Trammell Crow Company No. 43, Ltd. (CB).
Background
CB, a private developer, purchased 342.60 acres of land, located to the east of Belt Line Road and to the north of Hackberry Road from TXU in 2004. CB has plans to develop the entire site for a mix of residential, retail and commercial uses under the name Cypress Waters.
The developers encouraged the Dallas City Council to change the zoning on the land, which had been zoned agricultural, to allow up to 10,488 dwelling units, despite the fact that a study by Dallas city staff showed the cost of providing Dallas sewer and wastewater to the area would result in a net loss to the City of Dallas general fund of more than $87 million dollars.
"CISD estimates that the development will bring thousands of new students to the district," said Dr. Jeff Turner, Superintendent of Schools. "The land being condemned reflects the School District’s best efforts to meet the needs of our students."
The Crow-Billingsley Group (CB) is requesting that the City of Dallas rezone still more land for its oversized Cypress Waters development. The developers acquired an additional 213.8 acres of land from TXU to add to the 342-acre site. The property is bounded by Belt Line Road to the west, North Lake to the north, and Hackberry to the south.
TXU sold the additional land to CB even though TXU had been informed that the city and school district have challenged the size and density of the proposed development. Zoning maps show that TXU has still more land that could be sold or developed, which would add to problems for Coppell and the Coppell ISD.
"TXU has shown an absolute disregard for our community," said Jim Witt, Coppell city manager. "They are aware of the negative impact this development has on our environment, schools, parks, roads and infrastructure. Still, they chose a quick profit over their responsibility to serve the general welfare of the regional community."
CB has filed an application asking the City of Dallas to rezone the newly purchased land in conjunction with the previously zoned Cypress Waters development. No date has been set for a Planning and Zoning Commission hearing that is necessary for the issue to be presented to the Dallas City Council.
"Hopefully the current city council or new Dallas city council will take a closer look at the huge fiscal deficit Dallas taxpayers will take if this zoning is approved," said Witt.
"No city council member can claim they didn’t have all the facts this time around," said Witt, referring to the fact that some Dallas council members said they had not seen a devastating financial impact report prior to the initial hearing. The report, compiled by Dallas's Office of Economic Development, concluded that the cost of providing only police, fire and emergency services to the area would result in a net loss of more than $87 million dollars to the Dallas city general fund. Additional losses in the tens of millions were estimated by a second report. That study factored in sewer and water costs, adding to existing deficient and failing road capacities and potential environmental cleanup expenditures.
This new zoning application allows that the land would become part of the Cypress Waters project. It restates the developer’s plan to build up to 10,700 units in an area that is miles from the nearest Dallas police and fire stations. There are also no other convenient Dallas city services, including sewer, water, parks, recreation, libraries or CISD schools.
The new land would be rezoned for multi-family housing and ground retail support uses. Thirty-eight acres would be used for highly dense townhouses, duplexes and single-family homes.
A lawsuit filed by the city of Coppell and CISD seeks to have the original Cypress Waters zoning overturned. The suit alleges that the rezoning violated the regional general welfare of Coppell, CISD and Irving. These agencies assert that the Dallas city council failed to consider the total lack of infrastructure (on and off site) required to meet the needs of adequate school and city public facilities and services at the time of development. Prior to final approval of the first rezoning on January 28, 2006, Coppell and CISD filed condemnation cases to acquire needed school campus facilities, park, recreation and workforce housing. These are all needs generated by the development, but which were not required by the Dallas city council as a condition to the rezoning.
The lawsuit maintains that the rezoning was retaliatory against Coppell and CISD because of its potential to drive up (or increase) the cost of the condemnations. Voters in Coppell and CISD overwhelmingly approved approximately $37 million in bonds to purchase CB development land for the school, park and housing needs.
The lawsuit goes on to criticize the manner in which the rezoning process was handled by Dallas. Only 15 minutes of speaking time was given to Irving, CISD and Coppell at the Dallas Planning Commission and City Council meetings for a project that would bring 25,000 people to the area. Additionally, the application for 10,488 dwelling units was placed on the Dallas Planning and Zoning agenda only one day after filing of the applications. These limiting actions prevented any staff study of the project.
"The secrecy surrounding the first land sale and zoning case continues," said Witt. "We only learned about the closing of the second transaction and the size of the property involved when we discovered a new zoning case had been filed in Dallas. The City of Dallas did not inform us about the new zoning case until months after it had been filed."
The city of Dallas has failed in its attempt to intervene in condemnation proceedings brought by the Coppell Independent School District (CISD) to acquire 125 acres of land for a new school campus.
The Crow-Billingsley Group (CB) has plans to develop a 342-acre site for a mix of residential, retail and small neighborhood commercial uses under the name Cypress Waters. The school district’s condemnation proceedings will now proceed with court hearings on May 30, 2007 (on the school district’s authority to condemn) and November 12, 2007 (on the value of the property).
Once condemnation is completed, CISD will be able to commence planning and construction of the new school facilities as early as January of 2008.
CISD filed condemnation proceedings for 125.831 acres of the property, which is currently called North Lake, for an educational campus that would eventually consist of a new high school, middle school, two elementary schools and an administrative center. The condemnation proceedings followed the inability of CISD to purchase the land from its current owner, CB Parkway Business Center VI, Ltd. and Trammell Crow Company No. 43, Ltd.
On September 8, 2004, CB purchased 342.60 acres of land from TXU, located to the east of Belt Line Road and to the north of Hackberry Road. The developers then requested and the Dallas City Council granted a change in the zoning on the land, which had been zoned agricultural, to allow up to 10,488 dwelling units, despite the fact that a study by Dallas city staff showed the cost of providing just police, fire and emergency services to the area would result in a net loss to the Dallas city general fund of more than $87 million dollars over all taxes received from the property. Additional losses in the tens of millions will be sustained for bringing sewer and water, adding to road capacities and potential environmental cleanup.
"CISD estimates that the development will significantly increase our current student population, thereby requiring multiple new school facilities," said Dr. Jeff Turner, Superintendent of Schools. "In many instances, developers actually donate land to school districts to encourage new schools that will add to the value of their developments. That has not been the situation with CB."
If fully developed, Cypress Waters could create a 25 percent population increase of families using parks, recreation centers, roadways and other public services provided by the city of Coppell, due to the proximity of the development to Coppell rather than Dallas. The potential increase would be larger than the population of Addison.
"The courts at both the trial and appellate level agreed with Coppell and CISD that the city of Dallas had no standing in this case," said Dr. Robert H. Freilich, who is representing the city of Coppell in the case. "The ruling is significant because the city of Dallas was the only real impediment to the condemnation proceedings," he added.
The next step is a hearing on May 30th where CB is expected to argue against the condemnation by the school district. A second hearing will be held on November 12th to determine the value of the land.
The May 30th hearing is significant because the court will also rule at that time whether the school district can begin an environmental assessment of the land. CB has blocked access to the property which has been the site of a TXU generating plant for decades. The school district and city are concerned that the land may have environmental issues. According to attorneys, the school district will have the right to end its condemnation proceedings, if environmental issues are found.
"Everyone in our community has wondered why the Dallas City Council would approve a zoning request that would cost their citizens over one hundred million dollars," said Coppell City Manager Jim Witt. "It seems clear from the positive comments Dallas City Council members made about the positive financial impact of the zoning case that they were not aware of their own city’s economic development department’s report or they discounted the significance of the report. Otherwise, why would they have agreed to a potential windfall for the developers at the expense of Dallas taxpayers?"
A separate lawsuit filed by the city of Coppell and CISD seeks to have the zoning case overturned. The suit alleges that the rezoning violated the regional general welfare of Coppell and CISD by failing to take into account the total lack of infrastructure on and off the site needed to meet the needs of adequate school and city public facilities and services at time of development.
The lawsuit also alleges that one of the improper purposes of the rezoning of the property was to retaliate against Coppell and CISD by attempting to increase the cost of condemnation to Coppell and CISD by virtue of the rezoning. Voters in Coppell and CISD overwhelmingly approved approximately $37 million in bonds to purchase the land for school, park and housing needs.
The lawsuit is also critical of the manner in which the rezoning process was handled by Dallas due to the limited speaking time given to Irving, CISD and Coppell at the Dallas Planning Commission and City Council meetings, and the rush to put the rezoning on the agenda only a day after filing of the last applications resulting in no staff study of the project.
The city of Coppell officially learned last week that County Court at Law No. 3 has entered an order dismissing its condemnation proceedings to acquire approximately 70 acres of land within the 342-acre tract. The land is owned by CB Parkway. The one page order did not provide any reason for the court’s decision although the CB and Dallas attorneys principally argued that Coppell has no authority to condemn land outside of its boundaries and within another home rule city. On appeal, the city’s attorneys will argue that a state statute specifically authorizes it to condemn land outside its boundaries for the same purpose it could condemn inside its boundaries - to meet the needs for park and work force housing (for police, fire and school district employees) who otherwise could not live in the community because of the 10,448 units to be built. The dismissal, with prejudice, clears the way for Coppell to obtain a final ruling on the public purpose, authority and necessity for the taking from the Court of Appeals and Texas Supreme Court.
Attorneys for the city and its management staff are confident that the appeal will reinstate the city’s right to condemn. City Manager, Jim Witt, stated that, "one of Cob’s and the city of Dallas's objections was that Coppell could not condemn land outside of its corporate jurisdiction that is within the territorial jurisdiction of another municipality. This argument is quite amazing since the Dallas City Charter allows for this type of condemnation."
Attorneys for the city of Coppell said threats of multimillion-dollar damages by CB and its attorneys have no basis because such lawsuits are generally prohibited by Texas law.
Coppell, Texas (March 7, 2007) - The City of Coppell officially learned today that County Court at Law No. 3 has entered an order dismissing its condemnation proceedings to acquire approximately 70 acres of land located at North Lake adjacent to the Coppell city limits. The land is owned by CB Parkway and is located within the city limits of Dallas. The one page order did not provide any reason for the court’s decision. The dismissal, with prejudice, clears the way for Coppell to appeal the ruling without further action in the County Court of Law.
The decision by the County Court at Law does not effect other litigation filed by Coppell and the Coppell ISD concerning the size and scope of the Cypress Waters development.
The motion submitted by CB Parkway and City of Dallas, who were opposing Coppell’s acquisition, asserted that Coppell was without jurisdiction to condemn property. The motion was heard on January 18, 2007 without the submission of any evidence to support such a position from either CB Parkway or attorneys representing the City of Dallas.
"The city only learned of the Court’s ruling and decision after being advised by local news media," said City Attorney Robert Hager. "We are surprised and perplexed that Coppell and its legal counsel were not notified by the court."
The City of Coppell will meet to consider the issue at a meeting on Tuesday, March 27, 2007. "While this is a setback, we are hopeful that the appellate courts will view the issue differently," said Mr. Hager.
On January 25, 2006 the Dallas City Council approved zoning for the Cypress Waters Development over the strong objections of Coppell and the Coppell ISD. The zoning that was approved would allow over 10,000 dwelling units on the 355-acre tract of land known as North Lake. If completed at that density there would be a 25% to 30% increase in the number of students in the Coppell ISD and a major increase in the general population of the area further contributing to traffic and service delivery concerns. The City of Coppell was seeking to acquire some of the property for park land, senior housing and workforce housing.
A memo dated December 14, 2005 from the Dallas Office and Economic Development department stated that the development of Cypress Waters would cost Dallas taxpayers $62 million dollars over the next 20 years.
"This is an important issue to the people of Coppell and we fully expect that the city and school district will continue their efforts to protect their residents and the quality of life in the community," said Hager.
In various legal actions, the city of Coppell and CISD have dropped Crow Billingsley from the regional general welfare suit (City of Coppell, Texas and the Coppell Independent School District, Plaintiffs versus CB Parkway Business Center VI, Ltd. and Trammel Crow Company No. 43, Ltd. Defendant). By excluding CB from the suit, the city and school district legal team will be able to focus on the City of Dallas and their alleged actions that were harmful to the city of Coppell and CISD.
Since late summer, a number of depositions have been taken from city and school personnel and officials for use in the various lawsuits now residing in Dallas courts.
At the request of the defendant, a motion to move the general regional welfare case to the same court as City’s eminent domain case was granted. Judge Montgomery, County Court of Law Number 3 will reside over these two cases.
On September 28, 2006 proceedings in the eminent domain case regarding the North Lake property, between the City of Coppell, Plaintiff, and CB Parkway Business Center VI, Ltd. and Trammel Crow Company No. 43, Ltd. Defendant, was heard by three appointed Special Commissioners from County Court at Law Number 3, to assess the value of the property. Commissioners determined that the 71.59 acres of land sought by the City should be valued at $6,236,922, equating to about $2 per square foot.
An appointed Special Commission also reviewed the Coppell ISD eminent domain case. The 125-acres sought by the school district were valued at $9 million, equating to about $1.65 per square foot.
City and school district officials anticipate that CB will file an appeal with regards to the establishment of the property values. It is expected that the legal process will become more active as more depositions are taken and the discovery process continues.
On September 28, 2006, proceedings in the eminent domain case regarding the North Lake property, between the City of Coppell, Plaintiff, and CB Parkway Business Center VI, Ltd. and Trammel Crow Company No. 43, Ltd. Defendant, was heard by three appointed Special Commissioners from County Court at Law No. 3, to assess the value of the property. Commissioners determined that the 71.59 acres of land sought by the City should be valued at $6,236,922, equating to about $2 per square foot. City officials expect this ruling to be appealed by the defendant.
A lawsuit filed today charges that the Dallas city manager and planning staff "deliberately and intentionally" withheld key information on a controversial zoning case from the Dallas Plan Commission and City Council. The report, prepared by the city’s economic development department, says that a zoning request for the Cypress Waters project would cost Dallas taxpayers up to $82.7 million because it would cost more to provide essential city services than the project would generate in tax revenue.
The Dallas City Council approved zoning for the Cypress Waters Development in January, 2006. The property, a 350-acre tract of land more commonly referred to as North Lake and owned by the Billingsley Company, now has zoning classifications that would allow over 10,500 dwelling units if developed to the maximum extent allowed by the zoning. If fully developed, Cypress Waters could create a 25% population increase of families using parks, recreation centers, roadways and other public services provided by the City of Coppell due to the proximity of the development to Coppell rather than Dallas, creating a regional impact on CISD and the City of Coppell. The potential increase would be larger than the population of Addison. CISD estimates that the development will bring 3,600 students to the district, a 30% increase in the current student population.
"Everyone in our community has wondered why the Dallas City Council would approve a zoning request that would cost their citizens tens of millions of dollars," said city manager Jim Witt. "It seems clear from the positive comments Dallas council members made about the financial impact of the zoning case that they were not aware of the Economic Development Department’s report or they discounted the significance of the report. Otherwise, why would they have agreed to a potential windfall for the developers at the expense of Dallas taxpayers?"
The lawsuit, which was filed by the City of Coppell and the Coppell Independent School District, seeks to have the zoning case overturned. The suit argues that the zoning is illegal because Coppell and the Coppell ISD had already begun eminent domain proceedings to acquire some of the land in question for schools, parks and workforce and senior housing. The suit alleges that City of Dallas officials worked secretly with the developers to rush through the zoning case to try to thwart the eminent domain proceedings.
The lawsuit alleges that one of the improper purposes of the rezoning of the property was to retaliate against Coppell and the CISD by attempting to increase the cost of the condemnation to Coppell and CISD by virtue of a greater probability of rezoning. Voters in Coppell and the Coppell ISD overwhelmingly approved approximately $37 million in bonds to purchase the land.
The lawsuit is also critical of the manner in which the rezoning process was handled by Dallas due to the limited speaking time given to CISD and City of Coppell at the Dallas Plan Commission and City Council meetings, and failure to follow proper administrative procedures when the zoning case was considered.
"We are hopeful that when all the facts come to light, the City of Dallas and the developer will come to the table and work with Irving, Coppell and the Coppell ISD to develop a plan that will benefit all the communities involved," said deputy city manager Clay Phillips. "This litigation not only protects our community but it also is protecting the citizens of Dallas from a plan that would potentially divert millions of their tax dollars from their council districts. It remains our hope that all sides of this issue can come together and work out a responsible development plan that makes economic sense for the region and protects the quality of life in our communities and our schools."
Coppell voters are sending a strong message to the developer of the controversial Cypress Waters project. Voters re-elected Mayor Doug Stover, a strong opponent of the developer’s plans to build thousands of housing units just outside Coppell’s borders.
Voters also overwhelmingly approved bond issues that would purchase some of the Cypress Waters land for schools, parks, senior and workforce housing.
"Our citizens love our community’s quality of life and our schools," said Mayor Stover. "This vote proves that they are willing to fight to protect our community. It is time for developer Lucy Billingsley to begin working in good faith with Coppell, Irving and the city of Dallas to come up with a suitable development plan that takes into account the potential impact on our citizens and schools," said Stover.
The city of Coppell has been alerted to a proliferation of inaccurate and inflammatory information that is being disseminated in the community regarding the City’s bond initiative on the May 13th ballot. It is the City’s responsibility to provide accurate and factual information to our residents. The ballot language sets forth the parameters for public uses as follows:
"The issuance of up to $23 million Park and Street and Municipal improvement tax bonds for the acquisition of land from the owners of approximately 130 acres located north of Hackberry Road and East of Belt Line Road in the vicinity of North Lake to be used in part for park purposes, and in part for right-of way and street improvements, and in part for future municipal improvements, facilities and purposes."
The condemnation petition further clarifies potential public uses and mentions park and recreation facilities, and the associated rights of way, and workforce and senior housing. Final allocation of bond money issued for various public uses will ultimately be determined by the courts final rulings and decision. No reference is made in the ballot language, condemnation petition or any other documents referring to assisted or public housing.
Additional information regarding the North Lake development can be found on this page. For additional information, please contact the City Manager’s Office at 972-304-3618.
The City of Coppell responded to CB Parkway Business Center’s lawsuit as required by law. In the response, the City pled to the court that there is no legal foundation for the claims made by the plaintiff, Crow-Billingsley. The plaintiff’s case raised several issues of which city officials believe they are not entitled to consideration. Through the response, the City pointed out seven defenses including a lack of pre-suit notification as required by state law and city charter, and the fact that the City and its elected officials are protected by immunity from some of the claims raised in the suit. The City is asking for the court to dismiss all claims. The judge has set a hearing for May 26. See Current Situation - March 24, 2006
Coppell city officials learned on Wednesday that Dallas County Judge Sally Montgomery issued a decision denying the city access to the 71.590 acres they are seeking to obtain through eminent domain proceedings. "We are disappointed that we will not be able to obtain access to the property in order to determine if there is any contamination to the soil," stated Coppell city attorney Robert Hager.
"This is a peculiar ruling. Normally, this matter would have been reviewed in a courtroom," said Hager. The City filed a motion with the court to gain access to the property, but it has not been formally presented to the court for a ruling. Judge Montgomery issued the decision prior to the motion being presented.
"We will appeal this decision and obtain a full and proper hearing at the Court of Appeal," stated the city’s land use attorney, Dr. Robert Freilich. "The property owner submitted no evidence with respect to the injunction and did not even to the motion. We are confident that this will be reversed as a matter of law," finished Freilich.
Coppell citizens notified city officials late Thursday night about a phone survey soliciting responses concerning the North Lake/Cypress Waters development. The City has not authorized any person or firm to conduct any phone surveys concerning the North Lake development issue.
Those who were called reported being asked questions similar to the following: If you knew the city was going to lose this case would you support spending an additional ten million dollars to continue the fight?; Would you support a tax increase to fight the Cypress Waters development?; This bond election will not be enough to buy and develop the property. Will you support additional spending to develop the project?
Recipients of the phone calls were also asked about their perceptions of each individual council member, as well as given a list of options as to how the land should be developed. The mention of park and school uses was not included. Those surveyed said it was a very long questionnaire of about 20 minutes and when asked why the survey was being conducted and by whom they were told they could not tell.
"The way in which the questions were worded was very biased," said Coppell citizen, Burgin Howdeshell. "It was upsetting to some degree that the group commissioning the survey would think people in Coppell are not smart enough to see the intent behind the questions," he stated. "The survey did not fairly represent the issues involved. The questions lead the respondent to believe the City of Coppell should not be concerned with the rezoning of the Crow-Billingsley property by the City Of Dallas," he continued "Obviously, Coppell citizens should be concerned about the proposed development because it is a Coppell issue given the location of the land and the fact that the development lies within the Coppell Independent School District," continued Howdeshell.
"Marketing researchers will tell you that when you construct a questionnaire, you should avoid words that bias a respondent," stated the city's Community Information Officer, Sharon Logan. "Poorly crafted questionnaires such as this raise questions about professionalism and ethics," she continued.
Another Coppell citizen, Dan McNabb said, "It was pretty obvious that the way the questions were worded that they were trying to instill fear, uncertainty, and doubt, in the minds of our citizens. The City of Dallas simply wants the tax value without helping with the burden that the development will bring to the City of Coppell and the Coppell Independent School District," finished McNabb.
Coppell resident, Beverley Tanel, a recipient of a survey call said, "the questions sounded as if they were being asked from the opinion of the developer. They were couched in very negative terms regarding the likelihood that the City will lose the condemnation case. I actually told the company that you could certainly tell who ordered the survey by the type of questions they were asking," stated Mrs. Tanel.
"This is clearly a tactic to scare and intimidate the citizens of Coppell, as well as sway public opinion," said city attorney, Robert Hager. "The citizens of Coppell will speak their minds at the bond election to be held on May 13," said Robert Freilich, the City’s land use attorney. "The outcome will be an indication of the citizens’ true support of the City’s strategy concerning the development," stated Freilich.
Today, a Dallas County Court approved the admission of Dr. Robert H. Freilich as the attorney of record for the City condemnation case over the objections of the CB Parkway Business Center, Trammell Crow Company attorneys (hereinafter referred to as CB Parkway), owners of the Cypress Waters/North Lake property. Freilich, Special Land Use Counsel in the national law firm of Paul, Hastings, Janofsky & Walker LLP, is at the forefront of zoning, land use and taking litigation. "This action puts to rest the issues raised by the Defendant that they could dictate the choice of counsel by the city," stated Jim Witt, Coppell City Manager.
In a separate action taken, a Dallas County Court notified the City of Coppell and the Coppell Independent School District that the request filed by the City and the CISD to consolidate the condemnation petitions related to the Cypress Waters/North Lake development were denied. As a result, the condemnation cases will be heard in two separate Dallas County Courts of Law, Number Three and Number Five.
Given the fact that CB Parkway recently filed a separate suit against the City and the Council, but not the school district and board of trustees, City officials now believe that the best course of action is to proceed with individual hearings. The CB Parkway Business Center, Trammell Crow Company filed a lawsuit on March 21, against the City of Coppell and their elected officials seeking personal damages from the City and individual members of the Council for opposing CB Parkway’s application for rezoning of their North Lake project.
The Crow Billingsley Company filed a lawsuit Tuesday against the City of Coppell seeking personal damages from the City and individual members of the City Council for opposing Crow Billingsley's application for rezoning of their North Lake project.
This type of lawsuit is commonly known as a "SLAPP" suit (Strategic Litigation Against Public Participation). This is just another of the badly motivated steps that Crow Billingsley has undertaken to totally ignore the valid land use interests of the region (Coppell, Irving and the Coppell Independent School District) and to prevent citizens and local governments from objecting to an ill conceived development project. Coppell city attorney, Robert Hager stated, "this is a light-minded attempt to intimidate the City Council."
This latest legal tactic is not surprising, rather one of what could prove to be, several legal maneuvers used by the developer in this case. The City of Dallas recently filed suits before the courts attempting to interfere with the City and Cist’s condemnation cases by seeking to take the depositions of Coppell public officials. Both of those issues were dismissed in favor of the City and CISD.
SLAPP suits are rarely upheld because they violate the defendants’ first amendment rights to participate in political process, in this case by attempting to interfere with an elected office holder’s ability to represent the electorate of the local community. In many instances, such suits often lead to successful counterclaims for abuse of process. As mentioned before, two state district courts have already dismissed two proceedings filed by the City of Dallas to override the condemnation actions. The city attorney will seek permission from the City Council to vigorously defend and pursue dismissal of this latest ploy by Crow Billingsley. "City officials will not be deterred by these retaliatory actions into withdrawing their condemnation proceedings for needed parks, streets and other public uses," says Hager.
In the condemnation suit, the City has filed a cause of action requesting an injunction to allow entry on to the property for the purpose of conducting environmental site assessments due to the proximity of the site to the electric generating plant, which has emitted a long list of toxins and dangerous chemicals over its 50-year life. Crow Billingsley has refused access to the site.
A ruling on consolidation of the two condemnation cases and the admittance of Dr. Robert H. Freilich as the attorney of record is expected any day. In other legal action, Dallas County Courts denied a request from the city of Dallas to allow the taking of depositions from City and CISD officials.
As of March 10, the City of Coppell and the Coppell Independent School District await news from the Dallas County Courts regarding the hearings on the consolidation of the condemnation cases, as well as admittance of Dr. Robert Freilich a the attorney of record. City officials anticipate a ruling to come forth any day.
The Coppell City Council has called for a Special Municipal Bond Election related in part to the City’s ongoing condemnation case. The Special Municipal Bond Election will be held on Saturday, May 13 in conjunction with the Regular Municipal Officer Election.
Staff and legal representatives continue to monitor legal proceedings with regards to the condemnation process. There are no new developments at this time. Several comments were made during the Dallas City Council Meeting that were not factual. The School District and the City have developed a commonly asked questions brochure that will be mailed to all households within the city and district boundaries addressing misinformation, as well as answering questions often posed to staff and elected officials. You are encouraged to read through the brochure for a better understanding of this issue.
Understanding the Purpose of the Intergovernmental Cooperative Element
On Wednesday, January 25, the Dallas City Council approved zoning for the Cypress Waters Development in keeping with the December 15 recommendation of the Dallas Planning and Zoning Committee. The property, a 355-acre tract of land known as North Lake owned by the Billingsley-Crow Company, now has zoning classifications of TH-3 and MU-3 that would allow over 10,000 dwelling units if developed to the maximum extent allowed by the zoning. When completed, this usage could result in a 25% to 30% increase in the number of students in the Coppell ISD and a major increase in the general population of the area further contributing to traffic and service delivery concerns. View the letter submitted to Dallas City Council opposing the rezoning of the North Lake property. (PDF - 2189 Kbytes)
The North Lake/Cypress Waters Zoning Request (Case No. Z045-107) is scheduled to be considered by the Dallas City Council at a public hearing on Wed., January 25, 2006. Dallas City Council meetings generally start at 9 a.m. There is no exact time available for when the item will go up for consideration. Transportation will not be provided to Dallas City Hall because of this unknown time factor and the commitment needed by individuals to stay the entire course of the meeting. City officials will be present at the January 25 Dallas City Council meeting to present the community’s concerns with the proposed development. Dr. Robert Freilich, renowned land use attorney representing Coppell’s interests, will be presenting. Citizens are encouraged to attend but are not asked to speak unless time is available.
Dallas City Council meetings are broadcast live on WRR radio station at 101.1 FM, beginning at 9 a.m. Public hearings on zoning matters generally start in the early afternoon.
Information relevant to the public hearing time will be relayed via this website and CoppellClips should it become available.
Dallas City Plan Commission voted 11-to-1 today in favor of changing the zoning for the land south of North Lake to a Mixed Use District and a Town House District with the understanding that detailed site plans for the Billingsley Crow property must come before the Dallas City Plan Commission for final approval. No final density numbers and no final uses for the property were identified during this meeting. It is anticipated that the Dallas City Council will consider the zoning request at its first January Council meeting.
City of Coppell officials learned late last week that the City of Dallas Planning & Zoning Commission is scheduled to hear the zoning case on the proposed Cypress Waters development at North Lake on Thursday, December 15 as requested by the developer and property owner, Crow Billingsley. The proposed development is a mixed-use and multifamily development. Recent revisions to the zoning request could result in housing densities higher than first anticipated if approval is ultimately granted for the current proposal.
City of Coppell officials remain hopeful that discussions with the developer and the cities of Dallas, Irving and Coppell will result in land use and housing densities that are acceptable to all parties concerned. City of Coppell and Coppell Independent School District representatives will be present at the December 15 Planning & Zoning Commission hearing in Dallas to present the community’s concerns with the proposed development.
On November 8, the City of Coppell and the Coppell ISD made an offer to TXU and the Crow Billingsley Company to purchase acreage on the North Lake property site. City leaders are very pleased that the owners have made contact to begin discussions. If all parties are able to come to agreement, this will be win-win for both the citizens of Coppell and the developer. It will ensure that the city and the school district will be able to provide the necessary facilities and levels of service to meet the needs of both current and future residents.
While there are high expectations surrounding a mutually beneficial agreement, City leaders still feel they have a duty to the citizens of Coppell to protect the community if these negotiations do not end in an agreement that meets the needs of this community. At a joint meeting between the City Council and the Coppell ISD Board on Nov. 17, a resolution was passed authorizing the City Attorney and the CISD Attorney to begin condemnation proceedings on the property. City and CISD officials have offered to halt proceedings of the condemnation process during the discussions, if the owners also agree not to proceed with their request for a change in zoning.
The Mayor, Councilmembers, and staff are very aware of the opportunities that a joint effort brings to the potential future development of the North Lake property. City leaders understand the extraordinary regional impact that this proposed development will have and will act accordingly in an effort to meet the demand that it will create.
At concurrent meetings Tuesday, Nov. 8, the Coppell City Council and Coppell Independent School District (CISD) Board of Trustees initiated the first steps toward acquiring more than 200 acres of land for schools, parks, and workforce and senior housing on a 355-acre tract of land sold by Texas Utilities (TXU) to Crow-Billingsley, a real estate development company. An application for rezoning from its current agricultural use to high-density residential and mixed commercial uses has been submitted to the City of Dallas.
Concerns raised by the City and school district include the need for additional school facilities to serve a growing population and influx of new students; projected increases in traffic demands; additional impact to public facilities including parks, libraries and recreation, sewer and water; and public safety needs including fire, police and emergency medical protection.
The 1,700-acre site was annexed to the City of Dallas in the 1950s to construct the North Lake electric generating plant for Dallas Power & Light, now TXU. The power plant site is completely surrounded by the cities of Coppell and Irving, with 95 percent located within the Coppell school district. A narrow strip of land following the Grapevine Creek is all that connects the North Lake property to the city of Dallas proper, almost 4 miles away. Until the recent sale of the property, all local and regional land use plans have assumed the site would remain zoned industrial and agricultural.
Irving city leaders and staff held a public meeting at 7 p.m. on Monday, Sept. 26, at the MacArthur Boulevard Baptist Church, 8001 Mustang Drive, to both inform Irving residents about the proposed residential development and to listen to their citizen’s concerns. This hearing allowed their residents a similar opportunity to voice their ideas and concerns afforded to Coppell residents at the public workshop held on May 25 at Coppell Middle School West. A Frequently Asked Questions document was provided to all attendees.
City of Coppell staff members continue to meet with staff from the cities of Dallas and Irving regarding issues associated with the proposed North Lake development. There appears to be continuing service delivery challenges facing the developer and city of Dallas. At this time, no hearings have been scheduled before the Dallas Planning and Zoning Commission or Dallas City Council.
Finally, the Coppell City Council and the CISD Board of Trustees will meet with our consulting attorneys in mid-October to further assess the status of this issue.
City of Coppell staff members continue to meet with staff from the cities of Dallas and Irving regarding issues associated with the proposed North Lake development. There appears to be continuing service delivery challenges facing the developer and city of Dallas. At this time, no hearings have been scheduled before the Dallas Planning and Zoning Commission or Dallas City Council. The city of Irving will host a public meeting at 7 p.m. on Monday, Sept. 26, at the MacArthur Boulevard Baptist Church, 8001 Mustang Drive, to both inform Irving residents about the proposed residential development and to listen to their citizen’s concerns. This hearing will allow their residents a similar opportunity to voice their ideas and concerns afforded to Coppell residents at the public workshop held on May 25 at Coppell Middle School West.
Finally, the Coppell City Council and the CISD Board of Trustees will meet with our consulting attorneys in mid-October to further assess the status of this issue.
A public meeting to discuss the zoning case for the 1700-acre North Lake property, located within the city of Dallas, took place on Wed., evening, May 25 at CMSW. About 300 people attended the event. Citizens from Coppell and Irving provided many good comments and questions regarding the future of this property. Staff members will continue to work on this issue as it progresses. The City’s point of contact is Clay Phillips, City Manager at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
A public meeting to discuss the zoning case for the 1700 acre North Lake property, located within the city of Dallas, is scheduled for Wednesday, May 25, 2005, in the auditorium of Coppell Middle School West, 1301 Wrangler, beginning at 6:30 p.m.
The meeting will begin with an overview of the information known to date on the proposed development. The primary focus of the evening will be to gather input from the public regarding the potential impacts of the proposed development on the community, suggested strategies, and alternative uses for the property that community members believe will benefit the citizens of Coppell, the School District, the City, and the surrounding region.
For more information, contact Clay Phillips, City Manager at 972-304-3618 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
At this time, City staff members continue to formulate strategies with CISD and our consultants exploring potential use options for the North Lake property. Currently, there is no pending case going before the Dallas Planning and Zoning Commission. Staff maintains weekly contact with the city of Dallas to obtain the most up-to-date information regarding this case.
We are exploring several options including, but not limited to, land purchase, possible alternative uses other than high density residential, and public/private partnerships. All of these alternatives are being investigated keeping in mind that approximately 1,300 additional acres are now on the market, not just the 325 acres originally proposed for development by the Billingsley Corporation.
Many people have suggested that the City purchase the property. Before the City or any other taxing entity can entertain the option of purchasing the property, officials would need to seek voter support and approval in order to issue bonds. It will also be necessary to fully inform the citizenry of the financial liabilities and the resulting tax rate needed to finance the purchase of the property.
Officials are planning a public forum on this issue to continue to provide accurate information and answer questions. At this time, no date has been set for the forum.
An additional factor has come to light in recent days concerning the balance of property owned by TXU. Approximately 1,300 additional acres, including the lake itself, have now been placed on the market by TXU. It was anticipated that another power provider would purchase the power plant and the remaining land for continued operation of the plant. However, we have learned the Energy Reliability Council of Texas and the Texas Public Utility Commission have now deemed it possible for TXU to take the existing power plant off-line completely. This decision could put the balance of the land on the market for purchase by someone other than a power provider. If the same residential density were applied to the remainder of the property, an additional 17,400 dwelling units could be built for a total of 23,200 dwelling units.
On Tuesday, March 8, the Coppell City Council retained the services of Dr. Robert H. Freilich, a renowned land use attorney, to provide further assistance on this project. Dr. Freilich, Editor of the Urban Lawyer, the national journal on state and local government law for the American Bar Association, has represented more than 250 cities and counties nationally, and in Texas, has successfully argued many land use matters in the Texas courts.
The following is offered in response to the emails from citizens throughout the community regarding the proposed North Lake development urging the City and CISD to fight this development.
Elected officials and appropriate staff of the City and CISD are diligently working on the issue of the proposed North Lake development. The City and CISD are working closely with each other on a daily basis to attempt to lessen the impact of this development on our community and school district. We will leave no stone unturned in this attempt.
There may be an appropriate time in the future for citizens to become formally involved in this issue as the proposed zoning case moves through the City of Dallas processes. However, your elected officials, the staff of both entities, and the consultants working on this issue on our behalf do not believe the time is right for that effort. Mass emails or letters sent to the City of Dallas prematurely could actually harm our efforts to stop or reduce the density of the proposed development. While you certainly have every right to contact the City of Dallas, we are asking that you allow your elected representatives and their appointed staffs the opportunity to continue to work on this issue in a coordinated effort.
More than 50 years ago, the City of Dallas annexed approximately 1,700 acres of property to house its electric utility, Dallas Power and Light, later Texas Utilities, more commonly known as TXU. The annexed area is connected to the City of Dallas by a narrow creek and the Elm Fork of the Trinity River, more than three miles from any other portion of the City of Dallas. The annexation and subsequent zoning of the property was for non-residential utility and power uses. In 1993, a Planned District for non-residential uses continued the non-residential status of the property.
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The Billingsley Company, a well-known multi-family developer in the Dallas-Fort Worth regional area, purchased approximately 325 acres from TXU. The land transaction closed in the fall of 2004. The Billingsley Company then submitted a planned development zoning change request to the City of Dallas in an attempt to develop this entire tract of land. Named Cypress Waters, this proposed residential development located directly south of North Lake, north of Hackberry Road and east of Belt Line Road, is located within the City of Dallas and the Coppell Independent School District (CISD). None of the subject property is located in the City of Coppell. However, all adjacent streets are located either within the City of Coppell or the City of Irving. As originally proposed, the development would include approximately 5,800 residential units consisting primarily of apartments, with a mix of town homes and garden homes as well. Please read the discussion thread under Current Situation for developments. |
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A primary concern raised by the potential development of the 325 acres as originally proposed by the Billingsley Company as well as the balance of the property at this location is related to the CISD and the number of school-age children that this development would generate. In addition to the school district's concerns, the City of Coppell also has concerns, including massive traffic congestion, air quality degradation, and the impact a large influx of residents would have on services provided by the City of Coppell including park and recreation and public safety services and stormwater drainage facilities, even though the entire tract of land is located in the City of Dallas.
As this situation continues to develop, the City and School District will update the community via the City's website and electronic newsletter, CoppellClips. To sign up for CoppellClips, click on the MyCoppell tab at the top of this page and following the instructions provided set up a user profile. To receive CoppellClips, you must provide a valid email address when prompted then choose the City Manager's Office under "topics you are interested in." Sign Up for CoppellClips
We fully understand the concern and apprehension that this proposed development has created in our community. Our citizens will have the opportunity to become more formally involved in the development process as the rezoning moves through the City of Dallas. It is not in our best interest for that action to be taken at this time. Sending conflicting and possibly factually incorrect emails to the City of Dallas could actually harm our efforts to establish an effective remedy. At this time, we simply ask that you allow your elected representatives and their appointed staffs the opportunity to continue to work on this issue in a coordinated effort.
The staff contact for this project at the City of Coppell is Clay Phillips, City Manager. He can be reached at 972-304-3618 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it via email. The staff contact for CISD is Sid Grant, Assistant Superintendent for Business and Support Services. He can be reached at 214-496-6026 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it via email. As always you can also contact any member of the City Council or School Board.
