Page 1

AGENDA ITEM # 54 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

10

DEPARTMENT:

Housing/Community Services

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

27P ________________________________________________________________

SUBJECT Authorize (1) the acceptance of $13,350,000 of Community Development Block Grant Section 108 Guarantee Loan Program Funds (Section 108 Loan Funds) from the U.S. Department of Housing and Urban Development (HUD) for Lake Highlands Town Center Phase I commercial development project; (2) a loan agreement with PC LH Land Partners LP (the Section 108 Borrower), its affiliates or assigns in the amount of $13,350,000 of Section 108 Loan Funds for development of the Lake Highlands Town Center Phase I project (the Section 108 Borrower Loan) including construction of commercial buildings with approximately 145,000 square feet of space and parking structure with approximately 1,069 parking spaces, sitework, loan interest reserve, and financing costs for public offering for the transit-oriented development located in the 7140 to 7160 blocks of Skillman Street; (3) the City Manager to enter into all necessary agreements with HUD including a Funding Approval/Agreement, a Fiscal Agency Agreement, a Promissory Note, up to two letters of agreement for establishment of a custodial account, documents relating to additional security if required by HUD, and a letter requesting advance funds for interim financing; (4) the City Manager to establish appropriations for Section 108 Loan Funds for a commercial development loan; and (5) the City Controller to deposit and disburse funds from an identified account for Section 108 Loan Funds - Not to exceed $13,350,000 - Financing: Community Development Block Grant Section 108 Guarantee Loan Funds BACKGROUND In January 2009, the City Council adopted the Community Development Block Grant Section 108 Guarantee Loan Fund Program to provide up to a total of all Section 108 projects of $75,000,000, primarily to increase the amount of funding available for economic development through making of loans that promote activities which contribute to the development of viable communities by providing decent housing and a suitable living environment, and by promoting local economic development to stimulate business and commercial activity in the City of Dallas leading to creation of permanent jobs and provision of goods and services to project areas.


BACKGROUND (continued) The City seeks to fund projects that increase the level of business activity by expanding economic activities. It is also important to the City that Section 108 loan repayments from borrowers match the City’s required repayments to HUD on the Section 108 Guarantee Loan. Annual repayments of Section 108 Guarantee loans should be credit enhanced to eliminate risk of City making payments from annual CDBG allocations, to the extent reasonably possible. The City applied to HUD for five years of interest reserve to cover the interest payments on the Section 108 Borrower Loan during the construction and lease-up period and through stabilization of the project. Lake Highlands Town Center Phase I (Lake Highlands) project is in a transit-oriented development area in the Skillman Corridor Tax Increment Financing (TIF) District, and an estimated $17,500,000 in future TIF funds available to the project will be used to repay the Section 108 Borrower Loan for the project. The City received a proposal from PC LH Land Partners, LP for a loan in the amount of $13,350,000 in Community Development Block Grant Section 108 Guarantee Loan funds for eligible activities which may include construction of commercial buildings and parking structure, sitework, loan interest reserve, and financing costs for public offering to assist with development of Lake Highlands Town Center Phase I project. The project is a commercial development including construction of approximately 145,000 square feet of commercial space containing seven buildings that will be occupied by a grocery anchor, retail, office, restaurant, and service-oriented businesses and a structured multi-level parking deck with approximately 1,069 parking spaces located in the 7140 to 7160 blocks of Skillman Street. The project will create an estimated 475 permanent jobs including an estimated 394 jobs held by individuals with incomes at 80% or less of Area Median Family Income as established by HUD. Phase I is part of a multi-phase Lake Highlands Town Center development, which at full completion will include 1.9 million square feet of mixed-use commercial space for office, restaurant, and service-oriented businesses, and approximately 1,200 units comprised of multi-family rental units and for-sale units for mixed-income households with 20% of the units reserved for affordable housing. The project is in a transit-oriented development area located in the Skillman Corridor TIF District. 100% of the infrastructure on the site has been completed and the development is “shovel ready” to start Phase I of the vertical commercial development, which will be funded with Section 108 loan funds. None of the Section 108 loan funds will be used for any aspect of the construction of residential units. The project is part of a public/private partnership in which proposed funding will be provided from Tax Increment Financing (TIF) District funding and City funding. The City Council approved a TIF development agreement with PC LH Land Partners, LP to provide TIF funds for development of the Lake Highlands Town Center project on June 13, 2007, for funding not to exceed $23,000,000.

Agenda Date 11/12/2013 - page 2


BACKGROUND (continued) The Economic Development Committee was briefed on a proposed amendment to the TIF development agreement to increase the TIF funding and voted favorably to recommend the funding increase on June 20, 2011. The City Council approved the amendment to the TIF development agreement with PC LH Land Partners, LP to increase funding for development of the multi-phase Lake Highlands Town Center development from $23,000,000 to $40,000,000 on June 22, 2011. Total project costs to develop the commercial portion of Phase I of the development including construction of commercial buildings with approximately 145,000 square feet of space for a grocery anchor, retail, office, restaurant, and service-oriented businesses and 1,069-space structured parking garage is approximately $46.2M with the City contributing 28.9%. Funding for the project will come from the $13.35M Section 108 Loan funds and from a first lien note of $25.9M and owner/developer equity of $6.9M. The Economic Development Committee was briefed on the Community Development Block Grant Section 108 Guarantee Loan proposed application for submission to HUD for development of Lake Highlands Town Center Phase I project on December 5, 2011. The Committee gave favorable recommendation for the City to apply for Section 108 Guarantee Loan funds for the project. The City held a neighborhood public hearing at the Audelia Road Library Branch at 10045 Audelia Road on January 12, 2012, and received favorable comments on the application to be submitted to HUD for the Lake Highlands project. On December 14, 2011, the City Council authorized a public hearing to be held on January 25, 2012, which complies with HUD regulations and the City's Citizen Participation Plan of 30 days comment period from date of call for public hearing. After the City Council public hearing held on January 25, 2012, the City Council approved submission of the Section 108 Loan funds application to HUD for the Lake Highlands project, and the City submitted the application to HUD on February 2, 2012. The City submitted an amended application to HUD on March 23, 2012, in conformance with revisions required by HUD following its preliminary review of the application. HUD approved an award of $13,350,000 in Section 108 funds for the Lake Highlands project on July 17, 2012. The Section 108 loan application requested $13,350,000 for Lake Highlands Town Center Phase I project. The loan term will be for twenty (20) years with interest only payments for the first five (5) years and principal and interest payments due for years six (6) through twenty (20). The Section 108 Borrower will repay principal and pay interest on the City’s Section 108 Lake Highlands Loan with a pledge of future TIF reimbursements beginning in 2015.

Agenda Date 11/12/2013 - page 3


BACKGROUND (continued) The interest rate for the City’s Section 108 loan from HUD will be determined by the 3 month London Interbank Offered Rate (LIBOR) plus twenty (20) basis points before the loan is required by HUD to be sold at public offering. HUD public offerings are usually held in the fall of every year, at which time the full balance of the loan will be advanced by HUD at a permanent interest rate determined by yields on U.S. Treasury obligations of similar maturity plus a small additional basis point spread. Interest will be paid by Prescott Realty Group, Inc., the developer, through a combination of interest reserve built into the construction loan, and a pledge of partnership distributions until the TIF reimbursements start in 2015. The interest rate on the loan to the developer will be .50% higher than the Section 108 Loan from HUD and both loans will have matching amortization. The pledge of an income stream and/or a guaranty by the borrower may be pledged as a backstop guaranty, if required, for the loan repayment. All loan payments by borrower will provide adequate funds for the City to make its payments on the Section 108 Loan from HUD. The Section 108 Loan funds will be used to fund construction of approximately 145,000 square feet of commercial space that will be occupied by a grocery anchor, retail, office, restaurant, and service-oriented businesses and a 1,069-space structured parking structure and to fund sitework, loan interest reserve, and financing costs related to public offering. The commercial development of the project will meet the statements of community development objectives in the City’s Consolidated Plan dealing with creation of employment opportunities by creating approximately 394 jobs that will be held by low to moderate-income employees. The job creation also meets a HUD National Objective of providing jobs to low- to moderate-income persons. This action item requests authorization for the City Manager to execute the documents necessary to enter into a $13,350,000 Section 108 loan agreement with HUD; to appropriate the Section 108 loan funds to the proper account; to execute a loan agreement with the Section 108 Borrower in the amount of $13,350,000 of Section 108 loan funds for Lake Highlands Town Center Phase I project including construction of commercial buildings with approximately 145,000 square feet of space and a 1,069-space parking structure, sitework, loan interest reserve, and financing costs for public offering. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 13, 2007, the City Council approved a TIF development agreement with PC LH Land Partners, LP to provide TIF funds for development of the Lake Highlands Town Center project for funding in an amount not to exceed $23,000,000 by Resolution Nos. 07-1739 and 07-1740.

Agenda Date 11/12/2013 - page 4


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (continued) On November 17, 2008, the Economic Development Committee and the Housing Committees were briefed and gave favorable approval on CDBG Section 108 Loan Application authorization for the use of Section 108 Guarantee Loan funds to provide project gap financing or mezzanine debt necessary to move projects forward in today’s financial market, to minimize, if not eliminate, the risk to the CDBG program revenue and set guidelines by which the funds would be used. On January 5, 2009, the Economic Development Committee and the Housing Committees were briefed and gave favorable approval on CDBG Section 108 Guarantee Loan fund application requirements and proposed Program Guidelines for City to apply for up to a total of $75,000,000 in guarantee loans. On January 28, 2009, the City Council adopted CDBG Section 108 Guarantee Loan Program Statement, setting out the program purpose, description, operations and project criteria by Resolution No. 09-0291. On June 20, 2011, the Economic Development Committee was briefed on a proposed amendment to the TIF development agreement with PC LH Land Partners, LP for development of the Lake Highlands Town Center project to increase TIF funding from $23,000,000 to $40,000,000 and voted favorably to recommend the increase in funding.

On June 22, 2011, the City Council approved an amendment to the TIF development agreement with PC LH Land Partners, LP to increase funding for development of the Lake Highlands Town Center project from $23,000,000 to an amount not to exceed $40,000,000 by Resolutions Nos. 11-1744 and 11-1745. On December 5, 2011, the Economic Development Committee was briefed on the Community Development Block Grant Section 108 Guaranteed loan application to HUD for development of the Lake Highlands Town Center project and voted to favorably recommend that the City apply for Section 108 Guarantee Loan funds for the project. On December 14, 2011, the City Council authorized a public hearing to be held on January 25, 2012, to receive comments on the proposed City of Dallas submission of an application to HUD for a Section 108 loan not to exceed $13,350,000 for the Lake Highlands Town Center project by Resolution No. 11-3306. On January 25, 2012, the City Council held a public hearing and following the public hearing authorized submission of a Section 108 Guarantee Loan Funds application to HUD for a Community Development Block Grant Section 108 loan in the amount of $13,350,000 by Resolution No. 12-0337. On June 26, 2013, this item was deferred by Councilmember Allen.

Agenda Date 11/12/2013 - page 5


FISCAL INFORMATION Community Development Block Grant Section 108 Guarantee Loan Funds $13,350,000 OWNER

DEVELOPER

PC LH Land Partners, LP

Prescott Realty Group, Inc.

Judson L. Pankey, Manager & Co-General Partner

Judson L. Pankey, Chief Executive Officer

MAP Attached

Agenda Date 11/12/2013 - page 6


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COUNCIL CHAMBER

November 12, 2013 WHEREAS, the City of Dallas seeks to increase the amount of funding available for economic development through making loans that promote activities which contribute to the development of viable communities by providing decent housing and a suitable living environment, by promoting local economic development to stimulate business and commercial activity in the City of Dallas leading to creation of permanent jobs and provision of goods and services to project areas, and by providing for elimination of specific conditions of blight, physical decay, or environmental contamination to protect the health and safety of the public; and WHEREAS, the City of Dallas seeks to keep momentum going in growth prone areas and stimulate investment in more challenged areas by providing a substitute for declining availability of capital funding while banks are not willing to loan as much against collateral, interest rates for available funding have increased and proceeds from sales of tax credits has declined; and WHEREAS, on June 13, 2007, the City Council authorized a development agreement with PC LH Land Partners, LP (“PC LH”) to provide TIF funding not to exceed $23,000,000 related to the development of the Lake Highlands Town Center by Resolution Nos. 07-1739 and 07-1740; and WHEREAS, on November 17, 2008, the Economic Development Committee and the Housing Committees were briefed and gave favorable approval on CDBG Section 108 Loan Application authorization for the use of Section 108 Guarantee Loan funds to provide project gap financing or mezzanine debt necessary to move projects forward in today’s financial market, to minimize, if not eliminate, the risk to the CDBG program revenue and set guidelines by which the funds would be used; and WHEREAS, on January 5, 2009, the Economic Development Committee and the Housing Committees were briefed and gave favorable approval on CDBG Section 108 Guarantee Loan fund application requirements and proposed Program Guidelines for the City to apply for up to a total of $75,000,000 in guarantee loans; and WHEREAS, on January 28, 2009, the City Council adopted CDBG Section 108 Guarantee Loan Program Statement, setting out the program purpose, description, operations and project criteria by Resolution No. 09-0291; and WHEREAS, on June 20, 2011, the Economic Development Committee was briefed and gave favorable approval on a proposed amendment to the TIF development agreement with PC LH Land Partners, LP for development of the Lake Highlands Town Center project to increase TIF funding from $23,000,000 to $40,000,000; and


COUNCIL CHAMBER

November 12, 2013 WHEREAS, on June 22, 2011, the City Council authorized an amendment to the TIF development agreement with PC LH Land Partners, LP (“PC LH”) to provide an increase in funding related to the development of the Lake Highlands Town Center project from $23,000,000, not to exceed $40,000,000 by Resolutions Nos. 11-1744 and 11-1745; and WHEREAS, Prescott Realty Group, Inc., the developer, submitted a proposal to the City for CDBG Section 108 Guarantee Loan Program funds (Section 108 Loan funds) for eligible economic development activities related to the development of Lake Highlands Town Center Phase I project; and WHEREAS, on December 5, 2011, the Economic Development Committee was briefed on the developer’s request for Section 108 Loan funds in the amount of $13,350,000 for development of Lake Highlands Town Center Phase I project and voted to favorably recommend that the City apply for Section 108 Loan funds for the project; and WHEREAS, On December 14, 2011, the City Council authorized a public hearing to be held on January 25, 2012, to receive comments on the proposed City of Dallas submission of an application to the U.S. Department of Housing and Urban Development (HUD) for a CDBG Section 108 Loan funds loan not to exceed $13,350,000 for Lake Highlands Town Center Phase I project by Resolution No. 11-3306; and WHEREAS, on January 25, 2012, the City Council held a public hearing and following the public hearing authorized submission of an application to HUD for a CDBG Section 108 Guarantee Loan Funds loan in an amount not to exceed of $13,350,000 for development of Lake Highlands Town Center Phase I project by Resolution No. 12-0337; and WHEREAS, on February 2, 2012, the City of Dallas applied to HUD for a CDBG Section 108 Loan funds loan for PC LH Land Partners, LP, its affiliates or assigns, for a commercial development project in the 7140 to 7160 blocks of Skillman Street including construction of approximately 145,000 square feet of commercial space and 1,069-space parking structure, sitework, loan interest reserve, and financing costs for public offering for development of Lake Highlands Town Center Phase I project; and WHEREAS, on July 17, 2012, HUD approved an award of $13,350,000 for a CDBG Section 108 Guarantee Loan Funds loan for development of Lake Highlands Town Center Phase I project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

November 12, 2013 SECTION 1. That the City Manager, upon the U.S. Department of Housing and Urban Development’s (HUD’s) approval of Lake Highlands Town Center Phase I project and the use of Community Development Block Grant Section 108 Guarantee Loan funds (Section 108 Loan funds) for the project, and upon approval as to form by the City Attorney, is hereby authorized to accept $13,350,000 in Section 108 funds for Lake Highlands Town Center Phase I project located in the 7140 to 7160 blocks of Skillman Street in the Skillman Tax Increment Financing (TIF) District to fund construction of approximately 145,000 square feet of commercial space including grocery anchor, retail, office, restaurant, and service-oriented businesses and 1,069-space parking structure, and to fund sitework, loan interest reserve, and financing costs for public offering. SECTION 2. that the City Manager, subject to approval as to form by the City Attorney, is authorized to enter into a Fiscal Agency Agreement with the local fiscal agent selected by HUD, a Contract for Loan Guarantee Assistance with HUD, a Promissory Note for either interim or permanent financing, two letters of agreement with a custodian and establishment of custodial accounts at a financial institution, other documents relating to additional security which are required by HUD when the term of the loan is ten years or more, and if funds are needed immediately, a letter requesting advance funds for interim financing. SECTION 3. That, in connection with this Section 108 Loan, the City Manager is further authorized to execute any other necessary documents, upon approval as to form by the City Attorney, including, but not limited to, a Funding Approval/Agreement, assignment of lien to HUD, blank endorsement of note to HUD, Co-lenders agreement, a request for project funding, and Community Development Block Grant Contract. SECTION 4. That the City Manager is authorized to enter into loan agreements and execute, subject to approval as to form by the City Attorney, all necessary loan documents with PC LH Land Partners LP, its affiliates or assigns for development of Lake Highlands Town Center Phase I project in the 7140 to 7160 blocks of Skillman Street in the Skillman Corridor Tax Increment Financing (TIF) District to fund construction of approximately 145,000 square feet of commercial space including grocery anchor, retail, office, restaurant, and service-oriented businesses and 1,069-space parking structure, and to fund sitework, loan interest reserve, and financing costs for public offering.


COUNCIL CHAMBER

November 12, 2013 SECTION 5. That the terms of the loan documents for the $13,350,000 Section 108 Borrower Loan fund loan include: a. The Borrower must execute a Note payable to the City of Dallas for no more than $13,350,000 for the economic development loan for Lake Highlands Town Center Phase I project and will execute a Deed of Trust for the period of HUD’s Section 108 loan with the City and Use Restrictions on the property for a period of fifteen (15) years from the closing date of the loan. The interest payments for the first five years of the loan will be funded out of five years of interest reserve and Tax Increment Financing District (TIF) reimbursements to be used to make City Loan payments of principal and interest due for years 6 through 20 until the City Loan is paid in full. Both the Section 108 Loan from HUD and the City Loan to the Borrower will have matching amortization and maturity dates, and the Section 108 Lake Highlands Town Center Phase I Loan will have an interest rate which is .5% higher than the Section 108 Loan from HUD. Based on projections, all loan payments by borrower will provide adequate funds for City to make its payment on the Section 108 Loan from HUD. b.

c.

d.

e.

f.

The Section 108 Borrower must use Section 108 Borrower Loan funds to complete construction of approximately 145,000 square feet of commercial space including grocery anchor, retail, office, restaurant, and service-oriented businesses and 1,069-space parking structure, and fund sitework, loan interest reserve, and financing costs for public offering for Lake Highlands Town Center project located at 7140 to 7160 Skillman Street. The grocery anchor, retail, office, restaurant, and service-oriented businesses in the commercial space must produce a minimum of 394 jobs held by low/moderate income individuals. Borrower will begin construction no later than twelve (12) months from contract execution and obtain Certificate of Occupancy no later than three (3) years of the closing of Section 108 Borrower Loan and will expend all of the funds for approved construction line items, except interest reserve funds, within three (3) years of the closing of the Section 108 Borrower Loan and will expend all of the funds except those necessary to meet debt service requirements. Borrower will document and report ongoing occupancy requirements on a monthly basis for the commercial tenants and will report on the incomes of low- and moderate-income persons occupying jobs created by the project. Borrower will also document job creation as necessary to meet the HUD requirements for public benefit and the National Objectives of the Section 108 Program. Borrower must provide source documentation for all other sources of funds necessary to complete Lake Highlands Town Center Phase I commercial development project.


COUNCIL CHAMBER

November 12, 2013 SECTION 6. That the City Manager, upon approval as to form by the City Attorney, is authorized to execute loan agreements, co-funding agreements, subordination of lien, intercreditor agreements, HUD regulatory agreement and any other documents necessary to document the Section 108 Borrower Loan. SECTION 7. That the City Manager, upon approval as to form by the City Attorney is authorized to execute releases of liens on the property and other collateral upon compliance with the terms of the loans. SECTION 8. That the City Manager is authorized to establish appropriations in the amount of $13,350,000 in Fund 0J54, Unit 0J5D, Obj 3090 for project costs and those necessary to make repayments to HUD. SECTION 9. That the City Controller is authorized to accept and deposit Section 108 loan funds in the amount of $13,350,000 in Fund 0J54, Unit 0J5D, Revenue Source 8461, for project costs and those necessary to make repayments to HUD. SECTION 10. That the City Controller is hereby authorized to encumber and disburse funds in accordance with the terms and conditions of the loan documents authorized in Section 5 as follows: PC LH Land Partners, LP C/O Prescott Realty Group Fund 0J54, Dept HOU, Unit 0J5D, Obj 3075, HOU0J5DH123 – in an amount not to exceed $13,350,000

Vendor # VS0000021277 Program # LKHighland

SECTION 11. That the City Controller is hereby authorized to set up receivable balance sheet account (033F) and deferred revenue (088M) in Fund 0J54 for the amount of the Section 108 Borrower loan. SECTION 12. That the City Controller is authorized to accept and deposit TIF reimbursements into Fund 0J54 necessary to make HUD repayments. Principal amounts to be deposited into Revenue Source 8503 and interest amounts of the loan to be deposited into Revenue Source 8556. SECTION 13. That the City Controller is authorized to accept and deposit repayments from the Section 108 Borrower into Fund 0J54 necessary to make HUD repayments. Principal amounts to be deposited into Revenue Source 8503 and interest amounts to be deposited into Revenue Source 8556. SECTION 14. That the City Controller is hereby authorized to reverse the receivable balance sheet account (033F) and deferred revenue (088M) in Fund 0J54 for repayments of all principal amounts of loans.


COUNCIL CHAMBER

November 12, 2013 SECTION 15. That the City Controller is authorized to encumber and disburse loan payments to HUD in accordance with the terms and conditions of the loan documents authorized in Section 2 from Fund 0J54 - Vendor # 263304. Principal amounts to be disbursed from Object Code 3077 and interest amounts to be disbursed from Object Code 3076. SECTION 16. That nothing in this resolution shall be construed as a binding contract or agreement upon the City; that it is subject to HUD approval of the Lake Highlands Phase I project, compliance with all HUD regulations and requirements, and available HUD funding; approval of the final loan terms and loan documents by the City Manager and City Attorney; and there will be no liability or obligation on the City until the final contract documents are approved, executed, and final closing completed. SECTION 17. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.


KEY FOCUS AREA:

AGENDA ITEM # 55 Efficient, Effective and Economical Government

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Water Utilities Business Development & Procurement Services

CMO:

Forest E. Turner, 670-3390 Jeanne Chipperfield, 670-7804

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize a five-year service contract for public awareness campaigns for water conservation and grease abatement – Burson-Marsteller LLC, most advantageous proposer of four - Not to exceed $6,313,000 - Financing: Water Conservation Program Funds ($4,759,000) (subject to annual appropriations) and Water Utilities Current Funds ($1,554,000) (subject to annual appropriations) BACKGROUND This service contract will provide public awareness campaigns for water conservation and grease abatement. The purpose of these programs is to promote public awareness of the need to conserve water and the proper way to dispose of grease. This goal is achieved by using public relations in the form of advertising including but not limited to television/radio ads, outdoor billboards, bus advertising, print ads, and internet ads. Other efforts included in this service contract are community outreach activities, programs and consumer research for behavior modifications. Water Utilities (DWU) has had a comprehensive water conservation public awareness campaign since 2001. Public awareness campaigns, conservation programs and other efforts to date, has helped Dallas customers save an estimated 165 billion gallons of water. In 2009 DWU and Tarrant Regional Water District (TRWD) began a regional water conservation public awareness campaign, sharing the cost to develop the creative concepts and products which doubled the exposure by running a shared message.


BACKGROUND (Continued) DWU will jointly work with TRWD on the water conservation public awareness campaign under the terms established in a Memorandum of Understanding (MOU) which was approved by Council on September 26, 2012. As part of the MOU, Dallas and TRWD will cost share in the creative concepts development and production for the water conservation public awareness campaign. Actual media buy, printing, and placement of the campaign materials will be procured through this service contract. TRWD does not provide wastewater services and therefore does not have to participate in the grease abatement program. DWU's Grease Abatement Program began its public outreach campaign in 2005. Outreach efforts reduced sanitary sewer overflows (SSO), which are defined as the discharge of sewage from the wastewater collection system before reaching the treatment plant. The creative development of the Grease Abatement Program is considered in this agenda item and not within the MOU with TRWD. The continued goal of the City through these campaigns is to:     

Build on the success of past campaigns by continuing to motivate and educate residents and businesses Continue the partnership with TRWD on the water conservation public awareness campaign Continue quantifiable reduction of SSO's in the wastewater system Increase public awareness and outreach efforts Increase grease collection and recycling efforts

A six member evaluation committee was selected from the following departments:     

Sanitation (1) Public Information Office (1) Trinity Watershed Management (1) Water Utilities (1) Business Development and Procurement Services (2)*

*Business Development and Procurement Services only evaluated cost and the Business Inclusion and Development Plan. The successful proposer was selected by the committee based on the following criteria:    

Experience Price Project Approach Business Inclusion and Development Plan

35 points 30 points 20 points 15 points

Agenda Date 11/12/2013 - page 2


BACKGROUND (Continued) As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 1164 email bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 24, 2011, the City Council authorized Supplemental Agreement No. 1 to the professional services contract to continue the advertising campaign and media placement for the promotion and reinforcement of water conservation initiatives and grease abatement program for the period October 2011 through September 2013, by Resolution No. 11-2222. On October 23, 2013, this item was deferred by Councilmember Kingston. On October 28, 2013, the Quality of Life & Environment Committee was briefed. FISCAL INFORMATION $4,759,000.00 - Water Conservation Program Funds (subject to annual appropriations) $1,554,000.00 - Water Utilities Current Funds (subject to annual appropriations) M/WBE INFORMATION 250 - Vendors contacted 250 - No response 0 - Response (Bid) 0 - Response (No bid) 0 - Successful 1164 - M/WBE and Non-M/WBE vendors were contacted The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No. 08-2826 as amended.

Agenda Date 11/12/2013 - page 3


ETHNIC COMPOSITION Burson-Marsteller LLC White Male Black Male Hispanic Male Other Male

156 6 13 9

White Female Black Female Hispanic Female Other Female

301 30 21 48

PROPOSAL INFORMATION The following proposals were received from solicitation number BMZ1337 and opened on August 8, 2013. This service contract is being awarded in its entirety to the most advantageous proposer. *Denotes successful proposer Proposer

Address

Score

Amount

*Burson-Marsteller 1845 Woodall Rogers Frwy. LLC 11th Floor Dallas, TX 75201

86.40%

$6,313,000.00

Tuerff-Davis Enviromedia, Inc.

1717 W. 6th St. Suite #400 Austin, TX 78703

85.75%

$6,186,500.00

The LeMaster Group LTD

15455 N. Dallas Pkwy. Suite #600 Addison, TX 75001

85.27%

$6,286,975.00

Buckalew Media

11675 Jolleyville Rd. Suite #100 Austin, TX 78759

68.78%

$7,772,000.00

OWNER Burson-Marsteller LLC Dave Herder, Chief Executive Officer Michael Law, President Matt Burns, Southwest Market Leader Michelle Bleiberg, Director

Agenda Date 11/12/2013 - page 4


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a five-year service contract for public awareness campaigns for water conservation and grease abatement – Burson-Marsteller LLC, most advantageous proposer of four - Not to exceed $6,313,000 - Financing: Water Conservation Program Funds ($4,759,000) (subject to annual appropriations) and Water Utilities Current Funds ($1,554,000) (subject to annual appropriations) Burson-Marsteller LLC is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce. PROJECT CATEGORY: Other Services _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount

Percent

Total local contracts Total non-local contracts

$5,385,000.00 $928,000.00

85.30% 14.70%

------------------------

------------------------

TOTAL CONTRACT

$6,313,000.00

100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors Non-local

Certification

TKO Advertising

HMMB59010N1014

Total Minority - Non-local

Amount

Percent

$928,000.00

100.00%

------------------------

------------------------

$928,000.00

100.00%

TOTAL M/WBE CONTRACT PARTICIPATION

African American Hispanic American Asian American Native American WBE Total

Local

Percent

Local & Non-Local

Percent

$0.00 $0.00 $0.00 $0.00 $0.00

0.00% 0.00% 0.00% 0.00% 0.00%

$0.00 $928,000.00 $0.00 $0.00 $0.00

0.00% 14.70% 0.00% 0.00% 0.00%

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----------------------

-----------------------

$0.00

0.00%

$928,000.00

14.70%


COUNCIL CHAMBER

November 12, 2013 WHEREAS, on August 24, 2011, the City Council authorized Supplemental Agreement No. 1 to the professional services contract to continue the advertising campaign and media placement for the promotion and reinforcement of water conservation initiatives and grease abatement program for the period October 2011 through September 2013 by Resolution No. 11-2222; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to enter and execute five-year service contract for public awareness campaigns for water conservation and grease abatement – Burson-Marsteller LLC, most advantageous proposer of four - Not to exceed $6,313,000 - Financing: Water Conservation Program Funds ($4,759,000) (subject to annual appropriations) and Water Utilities Current Funds ($1,554,000) (subject to annual appropriations) Section 2. That the City Controller is hereby authorized to transfer funds from the Water Utilities Current Fund 0100, Department DWU, Unit 7140, Object Code 3320, to Water Conservation Program Fund 0713, Department DWU, Unit 7138, Object Code 3320, in an amount not to exceed $4,759,000.00 (subject to annual appropriations). Section 3. That the City Manager is authorized to increase appropriations for Water Conservation Program Fund 0713 Department DWU Unit 7138 Object 3320 in an amount not to exceed $951,800. Section.4. That the City Controller is hereby authorized to encumber and disburse funds from the following encumbrances in an amount not to exceed $6,313,000 (subject to annual appropriations): FUND 0713 0713 0713 0713 0713 0100 0100 0100 0100 0100

DEPT DWU DWU DWU DWU DWU DWU DWU DWU DWU DWU

UNIT 7138 7138 7138 7138 7138 7041 7041 7041 7041 7041

OBJ 3320 3320 3320 3320 3320 3320 3320 3320 3320 3320

ENCUMBRANCE CTDWU7138A1426M CTDWU7138A1513M CTDWU7138A1609M CTDWU7138A1705M CTDWU7138A1802M CTDWU7041A1427M CTDWU7041A1514M CTDWU7041A1610M CTDWU7041A1706M CTDWU7041A1803M

VENDOR 502450 502450 502450 502450 502450 502450 502450 502450 502450 502450

AMOUNT FY $951,800 14 $951,800 15 $951,800 16 $951,800 17 $951,800 18 $310,800 14 $310,800 15 $310,800 16 $310,800 17 $310,800 18

Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


KEY FOCUS AREA:

AGENDA ITEM # 56 Efficient, Effective and Economical Government

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize an amendment to the “Memorandum of Understanding Public Awareness Campaign” between the City of Dallas and the Tarrant Regional Water District for the continuation of and creative development of the water conservation public awareness campaign for the next five years - Not to exceed $750,000 - Financing: Water Utilities Current Funds (subject to annual appropriations) BACKGROUND In 2012, Dallas and Tarrant Regional Water District (TRWD) entered into the Memorandum of Understanding Public Awareness Campaigns (MOU) to i) inform and educate the public regarding issues related to protection of drinking water sources and/or water conservation; ii) foster community ownership of the protection of drinking water sources and/or water conservation; and iii) raise the public’s awareness of the public’s role and impact in protection of drinking water resources and/or water conservation. The MOU anticipated the addition of individual Attachments for joint public awareness campaigns (Attachment 1 being the Reverse Litter Campaign). This item is Attachment 2 to the MOU which includes the development of a campaign steering committee, establishes TRWD as the contracting authority for the creative development contract, establishes a 50/50 cost share for the creative development and production, references the “TRWD/Dallas Integrated Pipeline Project Fair Opportunities Purchasing/Contracting Policy” (Policy) to provide specific goals in the procurement of contracts. The Policy establishes a goal of 25%, guidelines for the development of joint procurement and contracting policies for future projects’ specific goals, and includes a City of Dallas contract compliance staff person to jointly determine and approve project/contract compliance with policy.


BACKGROUND (Continued) Dallas’ annual share will be in an amount not to exceed $150,000 which will cover Dallas share of the cost necessary to develop the water conservation public awareness campaign, which includes: the creative development for the campaign concepts and production for all shared print, outdoor, transit and internet advertising the production of TV and radio ads, and web videos. Results from the creative concept development and production will be implemented and funded—independently—by both Dallas and TRWD. Any media buy, printing, and placement of the campaign materials will be procured by Dallas under the Burson-Marsteller, LLC contract which is subject to approval by the City Council under a separate item on this Agenda. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 26, 2012, the City Council authorized the Memorandum of Understanding with the Tarrant Regional Water District to develop and implement regional awareness campaigns to address litter by Resolution No. 12-2429. On October 23, 2013, this item was deferred by Councilmember Kingston. On October 28, 2013, the Quality of Life & Environment Committee was briefed. FISCAL INFORMATION $750,000.00 - Water Utilities Current Funds (subject to annual appropriations)

Agenda Date 11/12/2013 - page 2


COUNCIL CHAMBER

November 12, 2013 WHEREAS, the population of the Dallas-Fort Worth Metroplex and surrounding communities is approximately 4.5 million people; and, WHEREAS, the City of Dallas and Tarrant Regional Water District (TRWD) have a keen interest in the wise and efficient use of the regional water supply; and, WHEREAS, the City of Dallas 2010 Water Conservation Five-year Strategic Plan Update sets specific goals and objectives to reach an average 1 ½ percent reduction in per capita consumption each year for FY 2011 through FY 2015; and, WHEREAS, the City of Dallas 2010 Five-year Strategic Plan Update recommends the continuation of a public awareness campaign to encourage behavioral changes that help lower per capita consumption; and, WHEREAS, the City of Dallas and TRWD desire to enter into and jointly establish, manage and fund a regional water conservation public awareness campaign initiative; and, WHEREAS, the City of Dallas has an existing Memorandum of Understanding with the Tarrant Regional Water District related to public awareness campaigns that anticipates the addition of regional public awareness campaigns as Attachments to the Memorandum of Understanding; and, WHEREAS, the purpose of Attachment 2 to the Memorandum of Understanding is to provide for the fundamental principles as agreed to between TRWD and the City of Dallas with regard to their respective rights and responsibilities pertaining to the regional water conservation public awareness campaign initiatives; and, WHEREAS, the THEREFORE,

City

Council

is

committed

to

water

conservation;

NOW,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to execute Attachment 2 Water Conservation Public Awareness Campaign to “Memorandum of Understanding Public Awareness Campaign” with the Tarrant Regional Water District to continue a regional water conservation public awareness campaign.


COUNCIL CHAMBER

November 12, 2013 Section 2. That the City Controller is authorized to disburse funds from the following appropriations in an amount not to exceed $750,000.00 (subject to annual appropriations): FUND 0100 0100 0100 0100 0100

DEPT DWU DWU DWU DWU DWU

UNIT 7140 7140 7140 7140 7140

OBJ 3072 3072 3072 3072 3072

ENCUMBRANCE VENDOR CTDWU7140A1425M 510851 CTDWU7140A1511M 510851 CTDWU7140A1607M 510851 CTDWU7140A1703M 510851 CTDWU7140A1801M 510851

AMOUNT $150,000 $150,000 $150,000 $150,000 $150,000

FY 14 15 16 17 18

Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 57 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

43 H ________________________________________________________________

SUBJECT Authorize a Chapter 380 economic development grant agreement pursuant to the Public/Private Partnership Program with Lakewest ALF Realty, LLC in an amount up to $200,000 associated with expanding a senior housing facility in southern Dallas – Not to exceed $200,000 - Financing: General Obligation Commercial Paper Funds BACKGROUND For the past several months, city staff has been working with Lakewest ALF Realty, LLC (Lakewest) regarding the potential development of a senior housing complex in Dallas located at 3494 Kingbridge that will be leased to and managed by a Stonegate Company controlled entity. In April 2011, the City Council authorized a bridge loan of $1,500,000 in order to expedite this project that involved financing from the City of Dallas Regional Center (CDRC) in the amount of up to $15 million through the EB-5 visa program. The bridge loan was at a 6.5 percent interest rate, and is to be repaid with the first $1,500,000 financing raised from the CDRC. Significant delays with final approval of the EB-5 investment at the federal level have slowed the project and the bridge loan funds have been used to cover costs such as architectural, engineering and consultant fees. The loan is scheduled to be repaid in November of 2013 subject to investor approval by the U.S. Citizen and Immigration Service. Lakewest plans to construct a 130 unit, assisted living facility for low to very low income Dallas residents who cannot live alone and are in need of help with activities of daily living. The 71,000 + square foot, single story building will feature individual suites, a dining room, commercial kitchen and laundry, activities room, examination rooms for the onsite medical director and gardens with a view of the lake. This new facility will complete an existing senior healthcare campus in West Dallas that was built in phases by Stonegate Company. The campus currently includes 360 units of independent senior apartments (Phase I completed in 2009) and a 118 bed skilled nursing facility (Phase II completed in 2011).


BACKGROUND (Continued) Stonegate Company is a senior housing and healthcare company that operates 32 senior care properties in Texas, Oklahoma and Missouri that have residential capacity of more than 4,000 residents. Stonegate, headquartered in Lewisville where it has 35 employees, was founded in 2001 and has approximately 3500 employees across all of its facilities. Overall, Lakewest plans to invest $7,000,000 – 10,000,000 in improvements for the final phase of the project and estimates the creation of approximately 50-70 full time jobs. While reviewing the construction plan, Lakewest identified public infrastructure costs of approximately $527,000 associated with sidewalks, streets, water, waste water and storm water lines. The company approached staff for assistance with the additional costs. In an effort to ensure the development and sustainability of the facility staff proposed the $200,000 grant to offset a portion of these costs. In consideration of the proposed grant, Lakewest has agreed to the following: 

Lakewest will create or cause to be created a minimum of 40 new jobs and invest a minimum of $5,000,000 at the newly constructed Dallas facility to be located at 3494 Kingbridge;

The new facility will reach substantial completion by December 31, 2014;

The prior authorized bridge loan will be fully repaid prior to disbursement of grant funds; and

Lakewest will have a lease in place with Stonegate Company of at least 10 years.

This project conforms to Public/Private Partnership Program Guidelines and Criteria as it creates or retains more than a minimum of 25 jobs at this Southern Sector zone site. Further, the development will result in a positive net fiscal impact of approximately $48,788 over 10-years after incentives. The projected 20-year net fiscal impact of the project is $656,680. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 4, 2013, this item was briefed to the Economic Development Committee. On June 12, 2013, City Council authorized a 12-month extension to the economic development loan by Resolution No. 13-0984. On April 27, 2011, City Council authorized an economic development loan of $1,500,000 by Resolution No. 11-1188.

Agenda Date 11/12/2013 - page 2


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On April 18, 2011, a memo was submitted to the Economic Development Committee regarding an economic development loan agreement with Lakewest ALF Realty, LLC related to the development of a senior assisted living center. FISCAL INFORMATION $200,000 - 2006 Bond Program (General Obligation Commercial Paper Funds) ESTIMATED SCHEDULE OF PROJECT Begin Construction Substantial Completion

November 2013 October 2014

MAP Attached.

Agenda Date 11/12/2013 - page 3


3494 Kingbridge Street 0

0.05

0.1

Miles 0.2

BIC KER

Skilled Nursing

S

Independent Living

Assisted Living

KINGBRIDGE

3494 Kingbridge St. Dallas, TX 75212

HAMPTON

WESTMORELAND

CANADA

SINGLETON

COMMER CE

DALLAS ECONOMIC DEVELOPMENT

Legend Arterial Local Road

Research & Information Division 214.670.1685 dallas-ecodev.org Created 4.4.2011, Updated 10.23.13 - 13-10-23 Chris O'Brien

Source:

Aerial Photography - NCTCOG, 2009; All Other Data - City of Dallas, 2011

²


COUNCIL CHAMBER

November 12, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, the City of Dallas recognizes the importance of retaining and expanding its existing employment base; and WHEREAS, the City Council adopted its Public/Private Partnership Guidelines and criteria on June 13, 2012 by Resolution No. 12-1520, wherein the City elected to continue its participation in tax abatements and other incentive programs including programs for loans and grants for economic development and established Guidelines and Criteria for the Public/Private Partnership Program governing those economic development programs and incentive agreements to be entered into by the City as required by the Property Redevelopment and Tax Abatement Act, as amended, V.T.C.A. Tax Code, Chapter 312 ("Act"); and WHEREAS, the City desires to enter into a Chapter 380 economic development grant agreement with Lakewest ALF Realty, LLC, in order to defray infrastructure related project costs, in consideration of its investment in real property improvements and the creation of new jobs in Dallas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager, upon approval as to form by the City Attorney is hereby authorized to execute an economic development grant agreement with Lakewest ALF Realty, LLC. Section 2. That the economic development grant agreement with Lakewest ALF Realty, LLC include: An economic development grant in an amount not to exceed $200,000, subject to be paid to grantee under the following criteria: A.

Lakewest ALF Realty, LLC investing a minimum of $5,000,000 in real property improvements at 3939 North Hampton Road in Dallas;

B.

The creation of 40 full-time jobs by December 31, 2014;

C.

The prior authorized $1,500,000 economic development loan made to Lakewest ALF Realty, LLC be fully repaid; and

D.

Lakewest ALF Realty, LLC will have a lease with the operator for a minimum of 10 years.


COUNCIL CHAMBER

November 12, 2013 Section 3. That the City Controller is hereby authorized to encumber and disburse future funds from: Fund 2T52, Department ECO, Unit T808, Object 3016, Activity INFS, Encumbrance No. ECOT808A245, Vendor No. VC0000009816 as necessary to make payments in an amount not to exceed $200,000 as described above in section two (2) subject. Section 4. That this resolution take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 58 KEY FOCUS AREA:

Clean, Healthy Environment

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize a contract with Community Dental Care, Inc. for the continuation of dental health services to low/moderate income seniors aged 60 and above and children through age 19 residing in Dallas for the period October 1, 2013 through September 30, 2014 - Not to exceed $200,000 - Financing: 2013-14 Community Development Block Grant Funds ($100,000) and Current Funds ($100,000) BACKGROUND Community Dental Care, Inc. (CDC), formally Dental Health Programs, Inc. (DHP), was formed for the purpose of providing dental health services to low-income residents of Dallas. The original contract with this agency was for a term of ten years, from October 1, 1982 through September 30, 1992, with the budgets to be approved annually. Due to the numerous and pervasive changes in the program, the Council approved a second contract with Community Dental Care on October 26, 1988, which replaced the 1982 contract and updated all terms, conditions, and exhibits. On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City's FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $100,000 for a Clinical Dental Care Program. On September 18, 2013, the City Council adopted the FY 2013-14 City of Dallas Operating, Grants and Trusts, and Capital Budgets that included an allocation of funds in the amount of $100,000 to Dental Health Care for dental health services to low-income seniors and youth.


BACKGROUND (Continued) One hundred children (100) and one hundred and five (105) seniors will be served with Community Development Block Grant Funds. An additional 205 seniors and children will be served with general funds. The agency provides services to non-English speaking clients through bilingual staff members. Services are provided at the following clinic locations: Bluitt Flowers DeHaro Saldivar East Dallas Clinic Vickery Meadows Southeast Dental Center

303 North Overton Road 1440 North Westmoreland 3320 Live Oak, 4th Floor 8224 Park Lane Avenue, Suite 125 9202 Elam Road

Council District 4 Council District 3 Council District 14 Council District 9 Council District 8

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 14, 2011, City Council authorized a contract to provide dental health services to eligible residents for FY 2011-12, by Resolution No. 11-2399. On December 12, 2012, City Council authorized a contract to provide dental health services to eligible residents for FY 2012-13, by Resolution No. 12-2978. On June 26, 2013, City Council approved the 2013-14 Consolidated Plan budget that authorized funds for dental health care in the amount of $100,000, by Resolution No. 13-1142. On September 18, 2013, City Council approved the General Fund budget that authorized funds in the amount of $100,000 for dental health care services, by Resolution No.13-1646. FISCAL INFORMATION $100,000 - 2013-14 Community Development Block Grant Funds $100,000 - Current Funds ETHNIC COMPOSITION Community Dental Care (Board) Hispanic Female Black Female White Female Other Female

1 2 10 0

Hispanic Male Black Male White Male Other Male

0 2 12 0

Agenda Date 11/12/2013 - page 2


OWNER(S) Community Dental Care Board of Directors Diana Prachyl, R.D.H., M.S., President Matthew D. Peiffer, CPA, Vice President Dr. Hedley Rakusin Earl B. Johnson Laverla Hayes Daniel L. Jones, D.D.S. Phillip Bankhead Brad Conner Susan Mitchell Jackson Carol Huckin Angelina Avalos Nancy DeWitte Scott Watson Alton McWhorter, D.D.S.

Bobby Houser, Past President Laura Pietzsch, Vice President Jane Evans George Daniels, D.D.S. James S. Cole, D.D.S., Treasurer John C. Garvey, Jr. Jane Richardson Clara Hoffman Terry Watson, D.D.S. Pauline Kress, Past President Julie Gostic Carl Oates Sharon Phillips

Agenda Date 11/12/2013 - page 3


COUNCIL CHAMBER

November 12, 2013 WHEREAS, in October 1982, Community Dental Care was formed at the City's request for the purpose of providing dental health services to low-income youth; and WHEREAS, there is a continued need to provide dental health services to reduce tooth decay in low-income youth and seniors of Dallas; and WHEREAS, Community Development Grant funding will be used to provide dental health services to low/moderate income seniors age 60 and above and children through age 19; and WHEREAS, this contract is funded by FY 2013-14 Community Development Block Grant funds; and WHEREAS, the FY 2013-14 Community Development Block Grant funds are available beginning October 1, 2013; and WHEREAS, on June 26, 2013, City Council approved the 2013-14 Consolidated Plan budget that authorized funds for dental health care in the amount of $100,000, by Resolution No. 13-1142; and WHEREAS, the FY 2013-14 Community Development Block Grant funds are contingent upon the United States Department of Housing and Urban Development’s approval of the City’s FY 2013-14 Action Plan and execution of the grant agreement; and WHEREAS, on September 18, 2013, City Council approved the General Fund budget that authorized funds in the amount of $100,000 for dental health care services by Resolution No. 13-1646; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into a contract with Community Dental Care, Inc. for the continuation of dental health services to low/moderate income seniors age 60 and above and children through age 19 residing in Dallas for the period October 1, 2013 through September 30, 2014, and execute any and all documents required by the contract. Section 2. That the City Controller is hereby authorized to disburse funds from Fund CD13, Dept. HOU, Unit 214F, Object Code 3099, Encumbrance No. HOU214F015, to Community Dental Care, Inc. (Vendor No. 933041), in an amount not to exceed $100,000.


COUNCIL CHAMBER

November 12, 2013 Section 3. That the City Controller is hereby authorized to disburse funds from Fund 0001, Dept. HOU, Unit 4305, Object Code 3099, to Community Dental Care, Inc. (Vendor No. 933041), in an amount not to exceed $100,000. Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 59 KEY FOCUS AREA:

Clean, Healthy Environment

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize a contract with Open Arms, Inc. dba Bryan’s House for the provision of child care services for special needs children for the period October 1, 2013 through September 30, 2014 - Not to exceed $56,710 - Financing: 2013-14 Community Development Block Grant Funds BACKGROUND Open Arms, Inc. dba Bryan’s House is licensed by the Texas Department of Families and Protective Services - Licensing Division to provide childcare services. Open Arms, Inc. dba Bryan’s House was founded and incorporated as a 501(c)(3) in 1987 to provide childcare services for special needs children including children with HIV/AIDS, severe brain injuries, and autism. Open Arms, Inc. dba Bryan’s House can accommodate over 300 children annually. On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City's FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $189,129 for Child Care Services, by Resolution No. 13-1142. A Request for Competitive Sealed Proposals (RCSP) for Child Care Services closed on September 4, 2013. Open Arms, Inc. dba Bryan’s House was one of the most responsive proposers to the RCSP for the child care for special needs children and was selected to receive funds to administer this program. Approval of this item will provide funding in the amount of $56,710 in Community Development Block Grant funds to Open Arms, Inc. dba Bryan’s House to continue to provide child care for special needs children.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City's FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $189,129 for Child Care Services, by Resolution No. 13-1142. FISCAL INFORMATION $56,710 - 2013-14 Community Development Block Grant Funds ETHNIC COMPOSITION Open Arms, Inc. dba Bryan’s House (Board) Black Female Hispanic Female White Female Other Female

1 0 10 0

Black Male Hispanic Male White Male Other Male

1 1 11 0

OWNERS Open Arms, Inc. dba Bryan’s House Board of Directors Dr. Lisa Genecov Marc McKerley Brandon Bloom Betsy Cullum Archie Drake Lance Leslie Antonio Rocha Ken Sheffield

Nancy B. Roe Paul Riddle Julie Chandler Elizabeth Dacus Kelli Evans Clay Hosterman Honey Rothermel Tinsley Silcox

Scott Stafford Jeff Miller Mara Chase Helen Dorsey Jessica Garner Stuart Newsome Ryan Scripps Chris Williams

Agenda Date 11/12/2013 - page 2


COUNCIL CHAMBER

November 12, 2013 WHEREAS, the City of Dallas supports the idea of addressing child care issues in a comprehensive manner including the provision of child care services for afterschool programs, special needs children, and homeless children; and WHEREAS, Open Arms, Inc. dba Bryan’s House is a licensed provider of child care services; and WHEREAS, the City Council has identified the need to support local child care services programs and is committed to ensuring the availability of child care services for Dallas citizens; and WHEREAS, on June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City’s FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $189,129 for Child Care Services, by Resolution No. 13-1142; and WHEREAS, FY 2013-14 Community Development Block Grant Funds are available beginning October 1, 2013; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into a contract with Open Arms, Inc. dba Bryan’s House for the provision of child care for special needs children for the period October 1, 2013 through September 30, 2014, and execute any and all documents required by the contract. Section 2. That the City Controller is hereby authorized to disburse funds from Fund CD13, Dept. HOU, Unit 211F, Object Code 3099, Encumbrance No. HOU211FA022 to Vendor No. 266376 in an amount not to exceed $56,710. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 60 KEY FOCUS AREA:

Clean, Healthy Environment

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize a contract with Vogel Alcove, Inc. for the provision of child care services for homeless families for the period October 1, 2013 through September 30, 2014 - Not to exceed $101,710 - Financing: 2013-14 Community Development Block Grant Funds ($70,710) and Current Funds ($31,000) BACKGROUND Vogel Alcove, Inc. is licensed by the Texas Department of Families and Protective Services - Licensing Division to provide childcare services. Vogel Alcove, Inc. was founded and incorporated as a 501(c)(3) in 1986 to provide childcare services for homeless families. Vogel Alcove, Inc. can accommodate up to 300 persons annually in its main facility. Families are eligibles for services if they are homeless and are residents of the twenty-two (22) affiliated homeless shelters, domestic violence shelters and transitional housing programs. The principal intent of the program is to provide professional childcare for homeless children through Vogel Alcove, Inc. while their parents are looking for employment and/or receiving job training. Vogel Alcove, Inc. offer services that promote the physical, emotional, cognitive and social development of homeless children and works toward reducing the recidivism rate of homeless families. On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City's FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $189,129 for Child Care Services, by Resolution No. 13-1142.


BACKGROUND (Continued) A Request for Competitive Sealed Proposals (RCSP) for Child Care Services closed on September 4, 2013. Vogel Alcove, Inc. was one of the most responsive proposers to respond to the RFP for the child care for homeless families program and was selected to receive funds to administer this program. On September 18, 2013, City Council approved the General Fund budget that authorized funds in the amount of $31,000 for child care services, by Resolution No. 131646. Approval of this item will provide funding in the amount of $101,710 ($70,710 in CDBG & $31,000 in Current Funds) to Vogel Alcove, Inc. to continue to provide child care for homeless families. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 18, 2013, City Council approved the General Fund budget that authorized funds in the amount of $31,000 for child care services, by Resolution No. 131646. On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City's FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $189,129 for Child Care Services, by Resolution No. 13-1142. FISCAL INFORMATION $70,710 - 2013-14 Community Development Block Grant Funds $31,000 - Current Funds ETHNIC COMPOSITION Vogel Alcove, Inc. (Board) Black Female Hispanic Female White Female Other Female

1 1 16 0

Black Male Hispanic Male White Male Other Male

1 0 23 0

Agenda Date 11/12/2013 - page 2


OWNERS Vogel Alcove, Inc. Board of Directors Alice Barnett Miriam Barnett Mary Lee Broder Peter Brodsky Regina Bruce Craig Budner Marguerite Burtis Tim Larson Michelle Lockhart Erin McKool Anne Marie Painter Stuart Pearlman Alan Perkins Richard Pollock Andy Rabin

Sheila Chapman Kenneth P. Cohen David Cunningham Elizabeth Daane Howard Feldman Gil Friedlander Benjamin Fujihara Guadalupe Ramirez Jeffrey Robinson Barry Rosenberg Jane Rowe Shelly Sender Nancy Shosid Kenneth Stein Jill Tananbaum

Alan Gold Linda Greene Susan Hirsch Michael Hoffman Louis Koven Ira Kravitz Rick Lacher Michelle Thomas John Wander Glenn West Jonathan Yellen Alan Yonack

Agenda Date 11/12/2013 - page 3


COUNCIL CHAMBER

November 12, 2013 WHEREAS, the City of Dallas supports the idea of addressing child care issues in a comprehensive manner including the provision of child care services for the homeless; and WHEREAS, Vogel Alcove, Inc. is a licensed provider of child care services; and WHEREAS, the City Council has identified the need to support local child care services programs and is committed to ensuring the availability of child care services for Dallas citizens; and WHEREAS, on June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City's FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $189,129 for Child Care Services, by Resolution No. 13-1142; and WHEREAS, on September 18, 2013, City Council approved the General Fund budget that authorized funds in the amount of $31,000 for child care services by Resolution No. 13-1646; and WHEREAS, FY 2013-14 Community Development Block Grant Funds and Current Funds are available beginning October 1, 2013; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into a contract with Vogel Alcove, Inc. for the provision of child care services for homeless families for the period October 1, 2013 through September 30, 2014, and execute any and all documents required by the contract. Section 2. That the City Controller is hereby authorized to disburse funds from Fund CD13, Dept. HOU, Unit 211F, Object Code 3099, Encumbrance No. HOU211FA019 to Vendor No. 269533, in an amount not to exceed $70,710 and from Fund 0001, Dept. HOU, Unit 4311, Object Code 3099, Encumbrance No. HOU4311A020 to Vendor No. 269533, in an amount not to exceed $31,000. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 61 KEY FOCUS AREA:

Clean, Healthy Environment

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize a contract with YMCA of Metropolitan Dallas for the provision of child care services for after school programs for the period October 1, 2013 through September 30, 2014 - Not to exceed $61,709 - Financing: 2013-14 Community Development Block Grant Funds BACKGROUND YMCA of Metropolitan Dallas is licensed by the Texas Department of Families and Protective Services - Licensing Division to provide childcare services. YMCA of Metropolitan Dallas, Park South location in the South Dallas/Fair Park area was established in 1970. The afterschool program currently serves 200 students during the school year in both preschool and afterschool care. With these funds, YMCA of Metropolitan Dallas can serve up to 87 students for afterschool care. On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City's FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $189,129 for Child Care Services, by Resolution No. 13-1142. A Request for Competitive Sealed Proposals (RCSP) for Child Care Services closed on September 4, 2013. YMCA of Metropolitan Dallas was one of the most responsive proposers to the RCSP for the child care for afterschool programs and was selected to receive funds to administer this program. Approval of this item will provide funding in the amount of $61,709 in CDBG funds to YMCA of Metropolitan Dallas to continue to provide child care for afterschool programs.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City's FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $189,129 for Child Care Services, by Resolution No. 13-1142. FISCAL INFORMATION $61,709 - 2013-14 Community Development Block Grant Funds ETHNIC COMPOSITION YMCA of Metropolitan Dallas (Board) Black Female Hispanic Female White Female Other Female

2 0 5 0

Black Male 0 Hispanic Male 4 White Male 22 Other Male 0

OWNERS YMCA of Metropolitan Dallas Board of Directors Robert Farrow Kellie Fischer Garrett Boone McQueary, Henry David Folz Jim Greer Richard A. Gump, Jr. Michael P. Haggerty Eric P. Helm Paul E. Higgins Paul Hoffman William D. Jordan Judge Margaret Keliher Bruce G. Leib Gail Madden Gwendolyn Evans Troy Bowles

Michael Alcantar Jan Hart Black Donald E. Bowles, Jr. Brad Cheves Frank Coronado John Costa Dallas Cothrum Sherwood E. Blount, Jr. Jorge Calder贸n Cynde Coulson John Cuellar Christopher J. Durovich Phil Dyer Ruben E. Esquivel Howard Etheridge Janiece Evans-Page

Agenda Date 11/12/2013 - page 2


COUNCIL CHAMBER

November 12, 2013 WHEREAS, the City of Dallas supports the idea of addressing child care issues in a comprehensive manner including the provision of child care services for afterschool programs, special needs children, and homeless children; and WHEREAS, YMCA of Metropolitan Dallas is a licensed provider of child care services; and WHEREAS, the City Council has identified the need to support local child care services programs and is committed to ensuring the availability of child care services for Dallas citizens; and WHEREAS, on June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds are available beginning on October 1, 2013, contingent upon approval of the City’s FY 2013-14 Action Plan and execution of grant agreements with HUD. The FY 2013-14 Consolidated Plan includes Community Development Block Grant funding in the amount of $189,129 for Child Care Services, by Resolution No. 13-1142; and WHEREAS, FY 2013-14 Community Development Block Grant Funds are available beginning October 1, 2013; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into a contract with YMCA of Metropolitan Dallas for the provision of child care for afterschool programs for the period October 1, 2013 through September 30, 2014, and execute any and all documents required by the contract. Section 2. That the City Controller is hereby authorized to disburse funds from Fund CD13, Dept. HOU, Unit 211F, Object Code 3099, Encumbrance No. HOU211FA021, to YMCA of Metropolitan Dallas (Vendor No. 347219), in an amount not to exceed $61,709. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 62 KEY FOCUS AREA:

Clean, Healthy Environment

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize a twelve-month contract with Senior Citizens of Greater Dallas, Inc. to provide Senior Service programs for seniors aged 60 and above in the following three categories: (1) Senior Outreach Program in West Oak Cliff Area; (2) Nursing Home Ombudsman Program; and (3) Outreach and Case Management Program with special emphasis on Spanish-speaking seniors for the period October 1, 2013 through September 30, 2014 - Not to exceed $88,000 - Financing: Current Funds BACKGROUND On September 18, 2013, the City Council adopted the FY 2013-14 City of Dallas Operating, Grants and Trusts, and Capital Budgets. The budget included funds for Senior Services Program to provide ombudsman services, outreach, education, including bilingual case management, to cover 154,000 adults age 60 years and older in the City of Dallas. The Nursing Home Ombudsman Program is designed to give official mandated voice to seniors in nursing home facilities to address concerns and seek resolutions to problems or issues to enhance the quality of life in nursing home facilities for residents and their families and/or provide information, awareness and assistance to residents about nursing home facilities, selection and/or any related nursing home issues. The Senior Outreach West Oak Cliff Program offers workshops and a place to congregate, socialize and educate seniors through various means to address senior social service needs in the community. The Senior Outreach and Case Management Program provides services to non-English speaking clients with special emphasis on Spanish-speaking clients through advocacy, referral and case management to facilitate access to social services via education, translation, transportation, etc.


BACKGROUND (Continued) Senior Citizens of Greater Dallas, Inc. is a non-profit organization incorporated in 1961 to serve seniors in Dallas to improve their quality of life through protection, eldercare, advocacy, volunteerism, and employment services. They serve over 1,100 individuals with new services annually. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 26, 2012, City Council adopted the FY 2012-13 City of Dallas Operating, Grants and Trusts, and Capital Budgets by Resolution No. 12-1629. The budget included funds for Senior Citizens of Greater Dallas, Inc. in the amount of $88,000. On September 18, 2013, City Council adopted the FY 2013-14 City of Dallas Operating, Grants and Trusts, and Capital Budget by Resolution No. 13-1646. The budget included funds for Senior Citizens of Greater Dallas, Inc. in the amount of $88,000. FISCAL INFORMATION $88,000 - Current Funds ETHNIC COMPOSITION Senior Citizens of Greater Dallas, Inc. (Board) Caucasian Male African American Male Hispanic Male Asian Male Native American Male

26 4 4 0 1

Caucasian Female African American Female Hispanic Female Asian Female Native American Female

19 1 2 1 0

OWNER(S) Senior Citizens of Greater Dallas, Inc. Board of Directors Anne Motsenbocker Robert Best J. Scott Wilson Greg Ballew Michael Webster Hector Escamilla Donald Berg David Corrigan Sandra Estess

John Cuellar Christina Durovich Ruben Esquivel Ray Francis James Garner Larry Gekiere Walter Gruenes Joe Hawn Kathy Helm

Agenda Date 11/12/2013 - page 2


OWNER(S) (Continued) Senior Citizens of Greater Dallas, Inc. Board of Directors Matt Adams Ken Allen David Arbuckle Tre’ Black Jorge Calderon Bill Carter Christie Carter Nancy Carter Nita Clyde Jim Cocklin Ansel Condray Carrie Parsons Betty Purkey Pastor Chris Simmons Roscoe Smith Katy Spicer Theresa Stambaugh Barbara Van Riper Phillip White Emilynn Wilson

`

Bill Henry Amy Hinojosa Debbie Oates Joan Oxford Jim Johnston Ashlee Kleinert Bob Law Tom Lazo Sarah Losinger Michael Massad John McCarthy Becky Schwartz Harry Robinson, Jr. Andy Smith Robert Spears Revathi Srinath Donna Strittmatter Carol White Charles Williams

Agenda Date 11/12/2013 - page 3


COUNCIL CHAMBER

November 12, 2013 WHEREAS, on September 18, 2013, City Council adopted the FY 2012-13 City of Dallas Operating, Grants and Trusts, and Capital Budgets by Resolution No. 13-1646. The budget included funds for Senior Citizens of Greater Dallas, Inc. in the amount of $88,000; and WHEREAS, Senior Citizens of Greater Dallas, Inc. is a non-profit 501(c)(3) corporation throughout the City of Dallas who provides services that meet the criteria set forth for seniors; and WHEREAS, the City desires to contract for Senior Service Programs with Senior Citizens of Greater Dallas, Inc. in the amount of $88,000 to provide services to seniors; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to execute a twelve-month contract with Senior Citizens of Greater Dallas, Inc. to provide Senior Service programs for seniors aged 60 and above in the following three categories: (1) Senior Outreach Program in West Oak Cliff Area; (2) Nursing Home Ombudsman Program; and (3) Outreach and Case Management Program (with special emphasis on Spanish-speaking seniors) for the period October 1, 2013 through September 30, 2014, and execute any and all documents required by the contract. Section 2. That the City Controller is hereby authorized to disburse funds for the contract from Fund 0001 Dept. HOU Unit 4305 Object Code 3099, Encumbrance No. HOU4305A016, to Vendor No. VS0000044882, Senior Citizens of Greater Dallas, Inc., in an amount not to exceed $88,000. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 63 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

9

DEPARTMENT:

Housing/Community Services

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

47C ________________________________________________________________

SUBJECT Authorize an amendment to Resolution No. 12-2706, previously approved on October 24, 2012, to: (1) increase a housing development loan for 2122 Highland, LLC, from $400,000 to $550,000; (2) extend the term of the contract from October 24, 2013 to January 31, 2014; and (3) require that the additional $150,000 be repaid at 0% interest over 20 years – Not to exceed $150,000 - Financing: FY 2013-14 HOME Investment Partnership Program Grant Funds BACKGROUND In March 2012, Gary Hasty, partner in 2122 Highland, LLC, submitted a proposal to the City of Dallas for the rehabilitation of twenty four (24) affordable housing units for veterans at 2122 Highland Road. The two-story apartment complex which was built in 1964 was budgeted for a full rehabilitation for approximately $943,000. On August 20, 2012, the Housing Committee was briefed on this project and a forgivable development loan for the rehabilitation of the units was approved by the City Council on October 24, 2012, in the amount of $400,000. Veritex Bank provided the balance of funding needed for the project. After the start of rehabilitation, a fire occurred and increased the total cost for the full rehabilitation of the units. The developer approached the first lender for the additional funds but was turned down. In order to complete the units, the developer has requested that the City of Dallas increase its loan and has agreed to repay the additional funds. City Council action on this item will allow for the development loan to be increased to $550,000 and set repayment terms for $150,000 of the loan to 0% for 20 years. The approval will also provide additional time to complete the rehabilitation through January 31, 2014.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 23, 2010, the City Council approved the City of Dallas Consolidated Plan Budget for FY 2010-11 federal funds which included the HOME Investment Partnership Funds, by Resolution No. 10-1594. On June 22, 2011, the City Council approved the City of Dallas Consolidated Plan Budget for FY 2011-12 federal funds which included the HOME Investment Partnership Funds, by Resolution No. 11-1679. On October 24, 2012, the City Council approved a housing development loan in the amount of $400,000 to 2122 Highland, LLC, for the development of affordable housing to be located at 2122 Highland Road for veterans, by Resolution No. 12-2706. On June 26, 2013, the City Council approved the City of Dallas Consolidated Plan Budget for FY 2013-14 federal funds which included the HOME Investment Partnership Funds, by Resolution No. 13-1142. FISCAL INFORMATION 2013-14 – HOME Investment Partnership Program Grant Funds - $150,000 Original Contract Amount Amendment No. 1 (this action) Total

$400,000 $150,000 $550,000

DEVELOPERS 2122 Highland, LLC Gary Hasty, Partner Bryan Brown, Partner MAP(s) Attached

Agenda Date 11/12/2013 - page 2


Tokak>n Park

37T

38 St Francis Park

478 co

Tenison Park Gotf Coursa

Grove Hill Memorial Park

Cemetery

co and Trade S ace

[MAPSCO 47C j


COUNCIL CHAMBER

November 12, 2013 WHEREAS, affordable housing for veterans is a high priority of the City of Dallas; and WHEREAS, on June 23, 2010, the City Council approved the FY 2010-11 Consolidated Plan Budget which included the HOME Investment Partnership Program Funds, by Resolution No. 10-1594; and WHEREAS, on June 22, 2011, the City Council approved the City of Dallas Consolidated Plan Budget for FY 2011-12 federal funds which included the HOME Investment Partnership Funds, by Resolution No. 11-1679; and WHEREAS, on October 24, 2012, the City Council approved a housing development loan in the amount of $400,000 to 2122 Highland LLC for the development of affordable housing to be located at 2122 Highland Road for veterans, by Resolution No. 12-2706; and WHEREAS, on June 26, 2013, the City Council approved the City of Dallas Consolidated Plan Budget for FY 2013-14 federal funds which included the HOME Investment Partnership Funds, by Resolution No. 13-1142; and WHEREAS, 2122 Highland, LLC requests an increase in the budget for $150,000 and an extension of time to complete the project to continue to work with the City of Dallas to undertake the rehabilitation of 24 affordable multifamily units at 2122 Highland Road; and WHEREAS, the City desires for 2122 Highland, LLC to continue to develop the affordable units for veterans; NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That following approval as to form by the City Attorney, the City Manager is authorized to amend Resolution No. 12-2706, previously approved on October 24, 2012, to: (1) increase a housing development loan for 2122 Highland, LLC from $400,000 to$550,000; (2) extend the term of the contract from October 24, 2013 to January 31, 2014; and (3) require that the additional $150,000 be repaid at 0% interest over 20 years.


COUNCIL CHAMBER

November 12, 2013 Section 2. The terms of the loan agreement include: (a) 2122 Highland, LLC must execute a note payable to the City of Dallas for $150,000 for the loan. (b) The loan will be repaid at 0% interest for 240 months at $625 per month. (c) 2122 Highland, LLC must rehabilitate and occupy the affordable units to veterans with incomes at or below 80% of area median family income with 20% of the units at or below 50% of area median family income. (d) 2122 Highland, LLC will execute a Deed of Trust Lien and a Deed Restriction on the property which will carry a 10 year term for the affordable units. (e) 2122 Highland, LLC will have until January 31, 2014 to fully complete the rehabilitation. Section 3. That the City Controller is hereby authorized to disburse funds in accordance with this Resolution and the terms and conditions of the loan agreement with 2122 Highland, LLC as follows: VENDOR AMOUNT FUND DEPT UNIT OBJ CT HM13 HOU 236F 3015 HOU236FA032 VC0000011350 $150,000 Section 4. That the City Controller is hereby authorized to modify receivable balance sheet account (033F) and make provision for an allowance for uncollectible debt (022D) in fund HM13 for the amount of the loan. Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 64 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

43 N

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an Outside salvage or reclamation use on property zoned an IM Industrial Manufacturing District, on the southeast corner of Norwich Street and Bedford Street Recommendation of Staff and CPC: Approval for a two-year period, subject to a site plan and conditions Z112-309(RB)


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa O’Donnell

FILE NUMBER:

Z112-309(RB)

DATE FILED: August 28, 2012

LOCATION:

Norwich Street and Bedford Street, Southeast Corner

COUNCIL DISTRICT: 6

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 105

Approx. 1.294 Acres

APPLICANT/OWNER:

Ignacio Hernandez

REPRESENTATIVE:

Ignacio Hernandez

43 N

REQUEST: An application for a Specific Use Permit for an Outside salvage or reclamation use on property zoned an IM Industrial Manufacturing District SUMMARY: The applicant is requesting an SUP in order to permit the existing illegal use on a portion of the property. CPC RECOMMENDATION: and conditions.

Approval for a two-year period, subject to a site plan

STAFF RECOMMENDATION: and conditions.

Approval for a two-year period, subject to a site plan

1


Z112-309(RB) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of this renewal and amendment subject to the revised site plan and revised conditions based upon: 1. Compatibility with surrounding uses and community facilities – The request site is located on a cornerside lot with various outside commercial/industrial uses operating in the immediate area. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – So as not to deter from adjoining properties, the use will require solid screening, with limitations on stacking height. Additionally, increased setbacks are required with the maximum stacking height internalized to the site (see attached site plan for defined area). 3. Not a detriment to the public health, safety, or general welfare – Staff’s recommended site plan and conditions provides for a dedicated nonpermeable surface area for draining of fluids prior to vehicles being placed in the outside storage area. 4. Conforms in all other respects to all applicable zoning regulations and standards – If this SUP is approved, the subject site will have to conform to all applicable zoning regulations and standards. A valid certificate of occupancy will be issued subject to the requested SUP being approved by the City Council. BACKGROUND INFORMATION: •

The request site consists of improvements associated with operation of a vehicle display, sales, and service use as well as an illegal outside salvage or reclamation use. The applicant also provides for auto service center services for the vehicle display, sales, and service use.

The applicant proposes to continue operation of both uses; the vehicle display, sales, and service use and auto service center is allowed by right, while the outside salvage or reclamation use requires an SUP.

Zoning History: There has been no recent zoning activity in the immediate area relevant to the request. Traffic: The Engineering Section of the Department Sustainable Development and Construction has reviewed the requested renewal and determined that it will not negatively impact the surrounding street system.

2


Z112-309(RB) Thoroughfare/Street

Designation; Existing & Proposed ROW

Norwich Street

Collector; 80’ & 80’ ROW

Bedford Street

Local; 50’ ROW

STAFF ANALYSIS: Comprehensive Plan: The request site is located in an area considered an Industrial Area. Industrial Areas, which offer important employment opportunities, occupy large areas of land and usually are near major roads and heavy rail lines. Evolving technology and the need for freight movement through Dallas to the rest of the country and internationally means this sector can offer good opportunities for jobs. Logistics and warehousing, a growing industry with strong potential for upward mobility of skilled workers, would thrive in such areas. Examples include Southport and the Agile Port, parts of West Dallas along I-30, and the Stemmons industrial area. These areas include a mix of low- and medium-density industrial buildings and industrial yards and have large surface parking for cars and trucks. Industrial Areas rely on quality road access and may be linked to rail for freight purposes. Street lanes are wide and intersections are large. Transit, sidewalks and other pedestrian improvements are limited. LAND USE ELEMENT GOAL 1.2 Promote desired development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. Land Use Compatibility: The request site consists of improvements associated with operation of a vehicle display, sales, and service use, an auto service center use (allowed by right), as well as an illegal outside salvage or reclamation use. The applicant also provides for auto service center services for the vehicle display, sales, and service use. The applicant is requesting an SUP in order to address the illegal status of the outside salvage or reclamation use. The predominate land use in the immediate area consists of outside industrial/commercial uses in all directions with a couple of legally nonconforming single family dwellings, east of the site along Bedford Street. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing 3


Z112-309(RB) certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The applicant has worked with staff to ensure the various provisions for the use (i.e., stacking height and setback requirements) are accommodated on this irregularly shaped parcel. The property is located on a cornerside lot, with the outside salvage and reclamation use extending internally into the lot. Solid screening (a minimum nine feet in height) will be provided around the perimeter of the outside stacking areas as well as providing for a designated nonpermeable surface area for fluids to be removed and captured from the vehicles. As a result of this analysis, staff supports the request subject to the attached site plan and conditions. For orientation purposes, the vehicle display, sales, and service use is delineated on the plan. Landscaping: The site possesses minimal landscaping with trees located along its perimeter. No additional landscaping is required nor recommended.

4


Z112-309(RB)

CPC ACTION (October 10, 2013) Z112-309(RB)

Planner: Richard Brown

Motion: It was moved to recommend approval a Specific Use Permit for an Outside salvage or reclamation use for a two-year period, subject to a site plan and staff’s revised conditions with the following revision: 1) Page 5-5, 4., under Fluid Removal: change first sentence to subparagraph “a” and add new subparagraph “b” to read: “Best Management Practices must be implemented and properly maintained to prevent storm water contamination.” on property zoned an IM Industrial Manufacturing District, on the southeast corner of Norwich Street and Bedford. Maker: Second: Result:

Hinojosa Ridley Carried: 13 to 0

For: 13 - Anglin, Soto, Rodgers, Culbreath, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar Against: 0 Absent: 1 - Wolfish Vacancy: 1 - District 5 Notices: Replies: Speakers:

Area: 300 For: 2

Mailed: Against:

None

5

25 0


Z112-309(RB)

CPC RECOMMENDED CONDITIONS FOR A SPECIFIC USE PERMIT FOR OUTSIDE SALVAGE AND RECLAMATION

1. USE: The only use authorized by this specific use permit is outside salvage and reclamation. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3.

TIME LIMIT: This specific use permit expires on (two years).

4.

FLUID REMOVAL:

A. Draining of fluids from vehicles must be performed within the covered nonpermeable surface area located as shown on the attached site plan. B. BMP’s (best management practices) must be implemented and properly maintained to prevent storm water contamination. 5. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 6. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

6


Z112-309(RB)

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SITE AREA: 1.294 AC (56,366.64 SF)

USES: OFFICENEHIC LE SERVICE (NOT PART OF SUP): 1,980 SF OUTSIDE VEHICLE DISPLAY (NOT PART O~ SUP): 1,200 SF OUTSIDE SALVAGE & RECLAMATION: 53,i.64 SF

PARKING (NOT PART OF SUP; FOR REF. ONLY): OFFICENEHIC LE SERVICE (1/333 SF): 6 S~ OUTSIDE VEHICLE DISPLAY (1/500 SF): 2 SPACES OUTSIDE SALVAGE & RECLAMATION: 5 SPf' CES TOTAL REQ. PARKING: 13 SPACES PROVIDED PARKING: 13 SPACES

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Case no:

Z112-309

Date:

8/22/2013


Z112-309(RB)

Industrial/Commercial

Commercial, scattered single family (legally nonconforming)

Industrial

Auto auction

9


Z112-309(RB)

CPC RESPONSES

10


Z112-309(RB)

10/11/2013 

 

Reply List of Property Owners 

 

Z112-309 

    25  Property Owners Notified  Owners Opposed   

2  Property Owners in Favor 

Reply  Label #  Address 

0  Property

Owner 

 

 

2624 

NORWICH ST 

DAVIS CHARLES W 

 

3720 

BEDFORD ST 

HERNANDEZ IGNACIO SR ETAL 

 

 

3716 

BEDFORD ST 

WHITSITT JAMES THURSTON 

 

 

3900 

SINGLETON BLVD 

TEXACO REFINING & MKT INC 

 

 

2901 

NORWICH ST 

REYES JACINTO E 

 

 

3728 

SINGLETON BLVD 

NATHAL RODRIGUEZ CORP 

 

 

3724 

SINGLETON BLVD 

NATHAL RODRIGUEZ CORP 

 

 

3722 

SINGLETON BLVD 

MISER OLEN R & ANNA L 

 

3714 

SINGLETON BLVD 

STEPHYS INC 

 

 

10 

2811 

ESMALDA DR 

HAYGOOD WAYNE 

 

 

11 

2803 

ESMALDA DR 

RICO LEOPOLDO & MARIA G 

 

 

12 

2802 

NORWICH ST 

CASTRO JUAN JOSE & 

 

 

13 

2810 

NORWICH ST 

NATHAL RODRIGUEZ CORP 

 

 

14 

2700 

ESMALDA DR 

DAVIS CHARLES W 

 

 

15 

2700 

ESMALDA DR 

TEXACO INC 

 

 

16 

3712 

BEDFORD ST 

JONES DAVID 

 

 

17 

3708 

BEDFORD ST 

REYES JOSE F 

 

 

18 

3704 

BEDFORD ST 

REYES SIMON GARCIA 

 

 

19 

3702 

BEDFORD ST 

CASTANEDA ELIZABETH 

 

 

20 

2777 

NORWICH ST 

PFEIL GARY ARTHUR 

 

 

21 

2701 

NORWICH ST 

PFEIL GARY A 

 

 

22 

3806 

SINGLETON BLVD 

PFEIL GARY 

 

 

23 

2322 

FRENCH SETTLEMENT RD  PETULA ASSOCIATES LTD 

 

 

24 

9999 

NO NAME ST 

UNION PACIFIC RR CO 

 

 

25 

4401 

LINFIELD RD 

ST LOUIS S W RAILWAY CO 

 

11


AGENDA ITEM # 65 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

46 H

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a new subdistrict and an ordinance granting a Specific Use Permit for the sale of alcoholic beverages in conjunction with a retail food store on property zoned Subarea B within Planned Development District No. 134 on the north corner of Lindsley Avenue and Graham Avenue Recommendation of Staff and CPC: Approval of a new subdistrict and approval of a specific use permit for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions Z123-106(MW)


HONORABLE MAYOR & CITY COUNCIL FILE NUMBER:

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa O’Donnell

Z123-106(MW)

DATE FILED:

October 10, 2012

LOCATION: North corner of Lindsley Avenue and Graham Avenue COUNCIL DISTRICT: 2

MAPSCO: 46-H

SIZE OF REQUEST: ±0.5847 acre

CENSUS TRACT: 24.00

REPRESENTATIVE:

Parvez Malik

APPLICANT:

Sai Regmi, Inc. Deepesh Shrestha, President/Director Surya Regmi, Secretary/Director

OWNER:

Stanley Repp

REQUEST:

An application for a new subdistrict and for a Specific Use Permit for the sale of alcoholic beverages in conjunction with a retail food store on property zoned Subarea B within Planned Development District No. 134

SUMMARY:

The applicant proposes to sell beer and wine for off-premise consumption in conjunction with the existing convenience store.

CPC RECOMMENDATION:

Approval of a new subdistrict and approval of a specific use permit for a two-year period with eligibility for automatic renewal for additional fiveyear periods, subject to a site plan and conditions.

STAFF RECOMMENDATION:

Approval of a new subdistrict and approval of a specific use permit for a two-year period with eligibility for automatic renewal for additional fiveyear periods, subject to a site plan and conditions.

1


Z123-106 (MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of this renewal subject to the conditions based upon the following: 1. Compatibility with surrounding uses and community facilities – The existing retail food store is compatible with the surrounding land uses. The sale of alcoholic beverages in conjunction with the main use does not affect compatibility. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The existing retail food store, located within a nonresidential planned development district subarea, provides a service to the neighborhood and does not appear to negatively impact the adjacent properties. 3. Not a detriment to the public health, safety, or general welfare – The existing retail food store complies with Chapter 12B (Convenience Store) requirements. The purpose of regulating convenience stores is to protect the health, safety, and welfare of the citizens of the City of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. 4. Conforms in all other respects to all applicable zoning regulations and standards – Based on information depicted on the proposed site plan, the request complies all applicable zoning regulations and standards. BACKGROUND INFORMATION: •

The ±0.5874-acre request site is developed with a ±7,817-square foot building comprised of a ±3,016-square foot retail food store (a Chapter 51 use) and a ±4,801-square foot bakery.

Pursuant to the conditions of the Planned Development District No. 134, approved by the Dallas City Council on January 27, 1982, the uses permitted in Subarea B are limited to the uses permitted in the GR-D General Retail District with a D Liquor Control Overlay. Therefore, a retail food store is permitted by right but the sale of alcoholic beverages is prohibited.

The applicant proposes a new PDD Subdistrict which limits the uses to those permitted in the GR-D-1 General Retail District with a D-1 Liquor Control Overlay and requests approval of Specific Use Permit to allow the sale of alcoholic beverages at the existing retail food store.

2


Z123-106 (MW) Surrounding Zoning History: There has been no recent zoning activity within the vicinity of the request site. Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Proposed ROW

Graham Avenue

Collector

50 feet

Existing couplet

Lindsley Avenue

Collector

60 feet

60 feet

Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Construction and Development has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. Land Use: Zoning

Land Use

Site

PDD No. 134 Subarea B

Convenience store

Northeast

PDD No. 134 Subarea B

Auto-related use

Southeast

PDD No. 134 Subarea A

Single family

Southwest

PDD No. 134 Subarea A

Single family

Northwest

PDD No. 134 Subarea A

Undeveloped

STAFF ANALYSIS: Comprehensive Plan: The Comprehensive Plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depicts general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The Vision Illustration depicts the request site as within a Residential Neighborhood Building Block. This Building Block represents the life-blood of Dallas, the traditional neighborhood of single-family detached homes. Dallas has many neighborhoods that match this description, including Winnetka Heights, Preston Hollow, Lakewood and Wheatley Place. Single-family dwellings are the dominant land use in these areas. 3


Z123-106 (MW) Some shops, restaurants or institutional land uses such as schools and religious centers that serve neighborhood residents may be located at the edges or at key intersections. In general, the applicantâ&#x20AC;&#x2122;s request for Specific Use Permit for the sale of alcoholic beverages in conjunction with a retail food store is consistent with the following goal and policy of the Comprehensive Plan. LAND USE ELEMENT Goal 1.1:

Promote desired development. Policy 1.1.5: Use Vision Building Blocks as a general guide for desired development patterns

Goal 5.3:

Establishing walk-to convenience Policy 5.3.1 Encourage a balance of land uses within walking distance of each other.

The existing retail food store is located at a key intersection within the neighborhood, which is generally a desired location from a nonresidential use. The sale of alcoholic beverages in conjunction with the main use does not directly affect the consistency. Land Use Compatibility: The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The City Council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the City. A convenience store requires a certificate of registration to comply with Chapter 12B. The purpose of Chapter 12B is to protect the health, safety, and welfare of the citizens of the City of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. A certificate of registration for a convenience store expires one year after the date of issuance and must be renewed annually.

4


Z123-106 (MW) Based on information provided by the Dallas Police Department (DPD), Neighborhood Police Unit, Southeast Patrol Division, the convenience store located at 5501 Lindsley Avenue is in DPD’s system and passed inspection in February 2013. Therefore, the referenced convenience store complies with Chapter 12B (Convenience Store) requirements. The applicant’s request, subject to the attached site plan and conditions, is consistent with the intent of the Dallas Development Code. The initial short time period will allow the request be reevaluated to ensure the sale of alcoholic beverage in conjunction with the main use is appropriate in this location and compatible with the surrounding uses. Development Standards: While the applicant does not propose any new construction or changes to the site, the development standards for the GR General District are provided below for reference. District

Setbacks Front

GR General Retail

25’

Side/ 0’: SF 5’: Duplex 10’: MF 0’: Other

Rear 0’: SF 10’: Duplex 15’/25’: MF 0’: Other

Density/FAR

Height

Lot Coverage

Primary Uses

2:1 FAR

120’

60% Res 40% Nonres.

Retail and personal services

Parking: Pursuant to the Chapter 51 of the Dallas Development Code, the off-street parking requirement for a retail food store and a bakery or confectionary shop is one (1) space per 200 square feet of floor area. Therefore, ±7,817.60-square foot building requires 39 off-street parking spaces, as depicted on the site plan. Landscaping: No new development is proposed. Therefore, no additional landscaping is required. Any new development on the property will require landscaping per Article X of the Dallas Development Code. Police Report: An online search of the Dallas Police Department’s offense incident reports for the period from September 20, 2012 to September 20, 2013 revealed no results.

5


Z123-106 (MW) CPC Action: October 10, 2013: Z123-106(MW)

Planner: Megan Wimer

Motion: It was moved to recommend approval of a new subdistrict and approval of a Specific Use Permit for the sale of alcoholic beverages in conjunction with a retail food store for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions on property zoned Subarea B within Planned Development District No. 134 on the north corner of Lindsley Avenue and Graham Avenue. Maker: Second: Result: For:

Soto Hinojosa Carried: 13 to 0 13 Anglin, Soto, Rodgers, Culbreath, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar

Against: Absent: Vacancy:

0 1 - Wolfish 1 - District 5

Notices: Replies:

Area: 500 For: 3

Speakers:

Mailed: 134 Against: 6 None

6


Z123-106 (MW) ARTICLE 134. PD 134. SEC. 51P-134.101. LEGISLATIVE HISTORY. PD 134 was established by Ordinance No. 17271, passed by the Dallas City Council on January 27, 1982. Ordinance No. 17271 amended Ordinance No. 10962, Chapter 51 of the Dallas City Code, as amended. Ordinance No. 17271 was amended by Ordinance No. 17424, passed by the Dallas City Council on May 26, 1982; Ordinance No. 17704, passed by the Dallas City Council on February 16, 1983; Ordinance No. 18054, passed by the Dallas City Council on November 23, 1983; Ordinance No. 19745, passed by the Dallas City Council on October 28, 1987; Ordinance No. 21815, passed by the Dallas City Council on September 22, 1993; and Ordinance Nos. 23256 and 23257, passed by the Dallas City Council on September 10, 1997. Ordinance No. 21815 changed the zoning on a portion of the Property from PD 134 to a CR Community Retail District. Ordinance No. 23256 changed the zoning on a portion of the Property from PD 134 to a CS Commercial Service District. SEC. 51P-134.102. PROPERTY LOCATION AND SIZE. PD 134 is established on property generally bounded by G.C. & S.F. Railroad, Cristler Avenue, East Grand Avenue, Philip Avenue, Fairview Avenue, Gurley Avenue, East R.L. Thornton Freeway, and Carroll Avenue. The size of PD 134 is approximately 314.2393 acres. SEC. 51P-134.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51 apply to this article. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51. SEC. 51P-134.103.1. CREATION OF SUBAREA. This district is divided into Subareas A, A-1, B, B-1, and C, as shown on the subarea map (Exhibit 134C). SEC. 51P-134.103.2. EXHIBITS. (a)

The following exhibits are incorporated into this article: (1)

Exhibit 134A: land use map.

(2)

Exhibit 134B: development plan for Subarea A-1.

7


Z123-106 (MW) (3)

Exhibit 134C: subarea map.

SEC. 51P-134.103.3. DEVELOPMENT PLAN. (a) For Subarea A-1, development and use of the Property must comply with the development plan (Exhibit 134B). If there is a conflict between the text of this article and the development plan, the text of this article controls. (b) For Subareas A, B, B-1, and C, no development plan is required, and the provisions of Section 51A-4.702 regarding submission of or amendments to a development plan, site analysis plan, conceptual plan, development schedule, and landscape plan do not apply. SEC. 51P-134.104. LAND USE MAP. A map defining existing land uses within the boundaries of this PD is labeled Exhibit 134A. SEC. 51P-134.105. USES. (a)

In general.

(1) Uses in Subarea A are limited to single-family detached and duplex dwellings, and other uses as permitted in the R-7.5 Single-Family District except as provided in Subsection (b). (2) Uses in Subarea B are limited to all uses permitted in the GR-D General Retail- Dry District. Residential uses are limited to the uses permitted in Paragraph (1). (3) Non-residential uses in Subarea B-1 are limited to all uses permitted in the GR-D-1 General Retail District with a D-1 Liquor Control Overlay. Residential uses are limited to the uses permitted in Paragraph (1). (4) Uses in Subarea C are limited to all uses permitted in the NS Neighborhood Service District. Residential uses are limited to the uses permitted in Paragraph (1). (5) Except as provided in this paragraph, uses in Subarea A-1 are limited to single-family detached and duplex dwellings, and other uses as permitted in the R-7.5 Single- Family District except as provided in Subsection (b). The surface parking use shown on the development plan is only permitted in conjunction with the institutional use located in Subarea A on part of Lot 1 and all of Lot 2 in City Block 19/1613. (b)

Nonconformity and other use regulations.

8


Z123-106 (MW)

(1) All existing uses, as shown on the land use map, and structures within this PD are legal conforming uses and structures under this article. With the exception of Lot 7 in City Block 6/1614 at 1110 Mt. Auburn Avenue, which may contain a duplex dwelling unit, no residentially developed lot in this PD may contain more dwelling units than the number indicated on the land use map. Any structure now being used as a single-family dwelling which was originally built as a duplex or which has been used as a duplex at any time may be converted back to a duplex. (2) Nonresidential uses, which were existing as of July 1, 1981, and not identified on the land use map, that are conducted on the same lot with a residential use will be considered as legal conforming uses, so long as the nonresidential use is conducted by an occupant of the residence and the scale of operation of such use is not enlarged in any way. No advertisement, sign, or display is permitted on the premises. The use may not generate loud and raucous noise that renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort. (3) All signs must comply with the provisions of Article VII. (4) All uses in Tract 1-B that sell or serve alcoholic beverages or setups for alcoholic beverages for consumption on or off the premises on January 27, 1982, will be considered as legal nonconforming uses. (c) Lots in Subarea A. Any lot in Subarea A on which a nonresidential structure has been officially condemned by the city or has been intentionally removed or demolished may be redeveloped with the use and structure standards (including offstreet parking provided) existing on the lot on January 27, 1982, or with the residential standards defined in Section 51P-134.106. (d) Application of Section 51P-134.106(a). The development standards defined in Section 51P-134.106(a) apply to the following uses: (1)

All lots in Subarea A that are vacant on January 27, 1982.

(2) Any residential structure in the PD that is to be enlarged as long as the number of dwelling units does not increase. (3) Any lot in Subareas B or C that are to be developed or redeveloped with a residential use. (Ord. Nos. 17271; 17424; 17704; 25508; 26102; 28462) SEC. 51P-134.106. DEVELOPMENT STANDARDS. (a) The following development standards apply to single-family detached and duplex dwellings.

9


Z123-106 (MW) (1)

Minimum lot area per structure is 7,250 square feet.

(2) Minimum front yard setback for all lots is 10 feet beginning from the front property line. Except in Subarea A-1, any setbacks on interior lots are the same as, or between, the setbacks of the closest adjacent structures. Except in Subarea A-1, any structure to be located on a vacant corner lot must conform to a setback that is within five percent of the setback of the closest adjacent structure within the same block. (3)

Minimum lot width is 50 feet.

(4) Standards for development must be in accordance with all other provisions of the R -7.5 Single-Family District. (b)

The following development standards apply in Subarea A-1:

(1) Light fixtures including base, pole, and fixture may not exceed eight feet in height. All lighting must be directed downward and away from residential uses. (2)

Off-street parking must comply with the development plan.

(3) The off-street parking spaces shown on the development plan may only be used by the institutional use located in Subarea A on part of Lot 1 and all of Lot 2 in City Block 19/1613. (c)

The following development standards apply in Subarea B. (1)

Maximum height is 24 feet.

(2) Standards for development must be in accordance with all other yard, lot, and space regulations of the GR-D General Retail-Dry District. (d)

The following development standards apply in Subarea B-1. (1)

Maximum height is 24 feet.

(2) Standards for development must be in accordance with all other yard, lot, and space regulations of the GR-D-1 General Retail Distirct with a D-1 Liquor Control Overlay. (d)

The following development standards apply in Subarea C.

(1) Standards for development must be in accordance with all other provisions of the NS Neighborhood Service District Regulations.

10


Z123-106 (MW) SEC. 51P-134.107. GENERAL REQUIREMENTS. (a) The filing fee and area of notification for any amendment to this PD must be based on the amount of land area involved in the proposed amendment in accordance with the fee schedule and area of notification established for zoning change requests under the heading â&#x20AC;&#x153;All Other Applications.â&#x20AC;? (b) The board of adjustment shall have the authority to hear appeals and grant variances from the terms of Ordinance No. 17271, as amended, in accordance with regulations and procedures specified in Section 51-3.102. (c) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (d) The building official shall not issue a certificate of occupancy until there has been full compliance with this article together with all applicable provisions of the Dallas City Code, as amended. (Ord. Nos. 17271; 25508; 26102; 28462)

11


Z123-106 (MW) Proposed SUP Conditions 1. USE: The only use authorized by this specific use permit is the sale of alcoholic beverages in conjunction with a retail food store. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on (two years), but is eligible for automatic renewal for additional five-year periods, pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 5. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

12


Z123-106 (MW) Proposed Site Plan

13


Z123-106 (MW)

14


Z123-106 (MW)

AERIAL MAP

Case no:

Date:

1:2,400

15

~ Z123~ -106

10/17/2013


Z123-106 (MW)

Single family

Single family

Church

Restaurant

Undeveloped Auto-related

Single family Single family

16


Z123-106 (MW) CPC Responses

17


Z123-106 (MW) 10/11/2013

Reply List of Property Owners Z123-106 134 Property Owners Notified

3 Property Owners in Favor

Reply Label # Address O

6 Property Owners Opposed

Owner

1

5501

LINDSLEY AVE

REPP STANLEY

2

909

GRAHAM AVE

REYES RIGOBERTO JULIAN &

3

5430

PARRY AVE

SABHARWAL PAWAN & GOPASANA PRASAD

4

5426

PARRY AVE

PATEL MAHENDRA R

5

5424

PARRY AVE

PLOTKIN MICHAEL

6

5434

PARRY AVE

CHAVEZ MARIA C

7

901

GRAHAM AVE

CHAVEZ RUFINO PICAZO

8

811

GRAHAM AVE

RODRIGUEZ RAMON

9

5439

PARRY AVE

GOSWAMI NITAI CHAND

10

5435

PARRY AVE

GILMORE CURTIS

11

5429

PARRY AVE

PASIC BIANCA &

12

5425

PARRY AVE

VAN NUS STUART &

13

5423

PARRY AVE

ROBINSON RONALD RAY ETAL

14

5419

PARRY AVE

ROBINSON RONALD R

15

5415

PARRY AVE

RAMIREZ MARIA G

16

5411

PARRY AVE

CARREON MARGARITO &

17

5438

LINDSLEY AVE

MURATALLA AGUSTIN

18

5432

LINDSLEY AVE

GURROLA BEATRIZ

19

5430

LINDSLEY AVE

MIRELES MARIA R

20

5426

LINDSLEY AVE

GUZMAN MIGUEL ANGLE

21

5420

LINDSLEY AVE

INTERRANTE JASPER A

22

5416

LINDSLEY AVE

GUTIERREZ DALILA &

23

5414

LINDSLEY AVE

LARA FRANCISCO JAVIER &

24

5410

LINDSLEY AVE

MARTINEZ SACRAMENTO &

25

5406

LINDSLEY AVE

RIVERA DAVID C & JUANITA

26

5442

LINDSLEY AVE

GRANADO ELADIO JR

18


Z123-106 (MW) 10/11/2013

Reply Label # Address

X

Owner

27

5443

LINDSLEY AVE

HINOJOSA FERNANDO & NELLY

28

719

GRAHAM AVE

FAZ ANGEL

29

5442

GARLAND AVE

LIMON J ARNULFO

30

711

GRAHAM AVE

FERNANDEZ HECTOR &

31

5439

LINDSLEY AVE

SALAZAR RENE

32

5435

LINDSLEY AVE

GUERRERO ALICIA &

33

5431

LINDSLEY AVE

OVIEDO JOSE & MARIA

34

5427

LINDSLEY AVE

MUNOZ LUIS & MARIA

35

5423

LINDSLEY AVE

MONZON FELIPE

36

5417

LINDSLEY AVE

MENDOZA FELIPE VAZQUEZ

37

5415

LINDSLEY AVE

GONZALEZ ASCENCION &

38

5411

LINDSLEY AVE

JBIII INVESTMENT INC

39

5436

GARLAND AVE

LIMON JOSE A

40

5434

GARLAND AVE

LIMON JOSE ANTONIO

41

5430

GARLAND AVE

LOPEZ MARIA

42

5428

GARLAND AVE

GOMEZ MARIA V &

43

5422

GARLAND AVE

HEED MATTIE LOUISE TR

44

5416

GARLAND AVE

ESQUIVEL MIGUEL S

45

5412

GARLAND AVE

FHIG LTD PS

46

5406

GARLAND AVE

ARANDA EDDIE A

47

5404

GARLAND AVE

FERNANDEZ RAFAEL

48

611

GRAHAM AVE

MATA RENE R

49

5443

GARLAND AVE

RANGEL EDNA MUNIZ

50

5437

GARLAND AVE

ZUNIGA GENARO & ELAINE

51

5433

GARLAND AVE

DELATORRE MARGARITA

52

5431

GARLAND AVE

NUNO EZEQUIEL

53

5419

GARLAND AVE

QUINTANILLA MARIA D

54

5415

GARLAND AVE

RAMIREZ ISIDRO & TOMASA

55

5409

GARLAND AVE

BERMUDEZ JOSE A

56

5432

ASH LN

ZAPATA JUAN

57

5430

ASH LN

CIGARROALOPEZ MANUEL

19


Z123-106 (MW) 10/11/2013

Reply Label # Address O

X

X

X

Owner

58

5426

ASH LN

CASTANEDA GREGORIO

59

5422

ASH LN

LARA SOFIA

60

5416

ASH LN

CAZARES ROBERTO & GLORIA

61

914

GRAHAM AVE

SAVHARWAL PAWAN

62

908

GRAHAM AVE

MORALES GREGORIO L &

63

904

GRAHAM AVE

HENRY JASPER & JANICE

64

902

GRAHAM AVE

MARTINEZ RUBEN

65

822

GRAHAM AVE

HUGHES SHERRY L

66

818

GRAHAM AVE

RANGEL FATIMA & MANUEL

67

814

GRAHAM AVE

SOTERO SELSO SR

68

810

GRAHAM AVE

TILBURY JACK G

69

806

GRAHAM AVE

CORTEZ JAVIER R & YOLANDA

70

802

GRAHAM AVE

GERALDINE TAYLOR

71

5510

LINDSLEY AVE

SANDONE ANTHONY LYNN

72

913

BEACON ST

SANTANA JOSE LUIS & CASTA

73

911

BEACON ST

PHILLIPS DORIAN L &

74

907

BEACON ST

BANDA MARIO

75

903

BEACON ST

HERNANDEZ MARIO A

76

823

BEACON ST

HERNANDEZ MARIO

77

819

BEACON ST

MENDEZ JUAN F & MARTHA A

78

815

BEACON ST

PUENTE JUAN M & JULIA V

79

811

BEACON ST

EKMARK FRED & ETAL

80

805

BEACON ST

EKMARK FRED

81

803

BEACON ST

SANDONE ANTHONY L

82

910

BEACON ST

AVILES MARIA H

83

904

BEACON ST

MARES NATALIE C

84

902

BEACON ST

JUAREZ FLORENCIO

85

820

BEACON ST

AVILES TONY R JR &

86

816

BEACON ST

PALOMO MARTIN & LAURA V

87

814

BEACON ST

SPOTWOOD TIMOTHY ANDREW

88

810

BEACON ST

TORRES GERARDO &

20


Z123-106 (MW) 10/11/2013

Reply Label # Address X

O

Owner

89

806

BEACON ST

BEACON CORNER LLC

90

800

BEACON ST

BEACON CORNER LLC

91

903

WAYNE ST

ZAVALASOLIS JOANN

92

821

WAYNE ST

IYENGAR DWARAKA R & CHITRA

93

817

WAYNE ST

NEIGHBORS DANIEL

94

815

WAYNE ST

AVILA ALFONSO E &

95

811

WAYNE ST

PEREZ FILIPE RANGEL &

96

805

WAYNE ST

HURTADO EMILIANO &

97

803

WAYNE ST

CAMEL SPENDTHRIFT TRUST

98

710

GRAHAM AVE

LONGEVITY INC

99

704

GRAHAM AVE

TEXAS DISTRICT OF THE

100

702

GRAHAM AVE

WALTHER DAVID E &

101

624

GRAHAM AVE

TITTLE JUNEANN S

102

620

GRAHAM AVE

TORRES JOSE ALFREDO &

103

616

GRAHAM AVE

MEZA ROBERTO S

104

612

GRAHAM AVE

CERVANTES HECTOR

105

608

GRAHAM AVE

CAMPER E J ET AL

106

606

GRAHAM AVE

RODRIGUEZ JESUS &

107

600

GRAHAM AVE

HINOJOSA FERNANDO

108

721

BEACON ST

LINDSLEY CORNER LLC

109

713

BEACON ST

RIVERA PAULA

110

709

BEACON ST

SUSTAITA RALPH GOMEZ

111

617

BEACON ST

PETTIT CRAIG A

112

615

BEACON ST

MOXLEY MYAIDA M EST OF

113

611

BEACON ST

CODA PROPERTIES LP

114

605

BEACON ST

EMANUEL PENTECOSTAL

115

601

BEACON ST

EMANUEL PENTECOSTAL CH

116

5611

LINDSLEY AVE

NGUYEN MICHAEL & HA

117

710

BEACON ST

PBTG LTD PS

118

704

BEACON ST

MENDOZA CONRADO &

119

700

BEACON ST

FRIAS JOSE R & JANIE V

21


Z123-106 (MW) 10/11/2013

Reply Label # Address

X

Owner

120

624

BEACON ST

RUIZ CAROL

121

620

BEACON ST

CASTILLO MANUEL

122

616

BEACON ST

OLVERA RENE & ESTHER

123

614

BEACON ST

FAZ ESTELA & AVELINO FAZ

124

610

BEACON ST

ESTRADA FELIX

125

604

BEACON ST

MUNOZ JORGE & ALEJANDRINA

126

721

WAYNE ST

RUBIO MOISES & ANGELICA

127

717

WAYNE ST

COLLAZO FELIPE & MARIA

128

713

WAYNE ST

ISYA LTD PS

129

711

WAYNE ST

DIVOT LP

130

707

WAYNE ST

MENDOZA CONRADO & GLORIA

131

701

WAYNE ST

SALEH JOHAN GUNAWAN

132

625

WAYNE ST

CARRIZALES ROBERT

133

623

WAYNE ST

ALMARAZ DAVID SALDANA &

134

619

WAYNE ST

MURATALLA ALICIA &

22


AGENDA ITEM # 66 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

42 P

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an NS(A) Neighborhood Service District on property zoned an R-5(A) Single Family District north of Singleton Boulevard, east of Toronto Street Recommendation of Staff and CPC: Approval Z123-314(WE)


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-314(WE)

DATE FILED: June 18, 2013

LOCATION:

North of Singleton Boulevard, east of Toronto Street

COUNCIL DISTRICT:

6

MAPSCO:

SIZE OF REQUEST:

Approx. 7,393 sq. ft.

CENSUS TRACT: 106.01

42-P

APPLICANT/ OWNER:

Alejandro Valencia

REPRESENTATIVE:

Alejandro Valencia

REQUEST:

An application for an NS Neighborhood Service District on property zoned an R-5(A) Single Family District.

SUMMARY:

The applicant proposes to develop a restaurant without drive-in or drive through service on the property.

CPC RECOMMENDATION:

Approval

STAFF RECOMMENDATION:

Approval

1


Z123-314(WE)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – The type of uses that are permitted in the proposed NS Neighborhood Service District are more compatible, and are less intrusive than the adjacent CR Community Retail District uses. In addition, the proposed NS Neighborhood Service District is intended to serve adjacent residential uses. 2. Traffic impact – The Engineering Section of the Department of Sustainable development and Constructions has determined that the request will not have a negative impact on the street system. 3. Comprehensive Plan or Area Plan Conformance – The forwardDallas! Comprehensive Plan shows that the request site is located in a transitional area but is in an Industrial Building Block. The request site is located on the outer perimeter of a Residential Building Block. BACKGROUND INFORMATION: •

In August, the applicant held a neighborhood meeting to discuss the proposed zoning change. As a result of the neighborhood meeting, the applicant and residents agreed to amend the original application request of a CR Community Retail District to an NS Neighborhood Service District.

The applicant proposes to develop a 1,000 to 1,200 square foot restaurant without drive-in or drive through service on approximately 7,393 square feet of land.

The request site is adjacent to an undeveloped tract (flood plain) of land to the north, and single family uses to the east. The request site is also contiguous to a general merchandise or food store in conjunction with a fueling store to the west. Properties south of the site, across Singleton Boulevard, consist of an undeveloped tract of land and single family uses.

Zoning History: There has not been any recent zoning change requested in the area. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and has determined that the proposed development will not have a negative impact on the surrounding street system. Thoroughfares/Streets: Thoroughfare/Street

Singleton Boulevard

Type

Existing ROW

Proposed ROW

Principal Arterial

100 ft.

100 ft.

2


Z123-314(WE)

Land Use:

Site North South East West

Zoning R-5(A) LI R-5(A) R-5(A) CR w/deed restrictions

Land Use Undeveloped Undeveloped/Flood Plain Undeveloped, Single family Single family General merchandise or food store

Comprehensive Plan: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicantâ&#x20AC;&#x2122;s request. The Plan identifies the request site as being in a transitional area of an Industrial building Area and Residential Building Block. Industrial Areas, which offer important employment opportunities, occupy large areas of land and usually are near major roads and heavy rail lines. Evolving technology and the need for freight movement through Dallas to the rest of the country and internationally means this sector can offer good opportunities for jobs. Logistics and warehousing, a growing industry with strong potential for upward mobility of skilled workers, would thrive in such areas. Examples include Southport and the Agile Port, parts of West Dallas along I-30, and the Stemmons industrial area. These areas include a mix of low- and medium-density industrial buildings and industrial yards and have large surface parking for cars and trucks. Industrial Areas rely on quality road access and may be linked to rail for freight purposes. Street lanes are wide and intersections are large. Transit, sidewalks and other pedestrian improvements are limited. The Residential Building Block represents the life-blood of Dallas, the traditional neighborhood of single-family detached homes. Dallas has many neighborhoods that match this description, including Winnetka Heights, Preston Hollow, Lakewood and Wheatley Place. Single-family dwellings are the dominate land use in these areas. Some shops, restaurants or institutional land uses such as schools and religious centers that serve neighborhood residents may be located at the edges or at key intersections. LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns.

3


Z123-314(WE)

Area plan: The request site lies within the boundaries of the West Dallas Comprehensive Land Use Study, May 26, 1999, which recommends LI Light Industrial District uses for properties in this general area. Properties immediately north of the request site as presently zoned for Light Industrial uses. STAFF ANALYSIS: Land Use Compatibility: The 7,393 square foot site is undeveloped and is adjacent to a variety of uses; single family to the east and a general merchandise or food store to the west. The applicant’s request to change the zoning from an R-5(A) Single Family District to an NS Neighborhood Service District will permit the development of a onestory restaurant without drive-in or drive through service that will not exceed 1,200 square feet of floor area. In August 2013, the applicant facilitated a neighborhood meeting to discuss the zoning change. As a result of the meeting, both groups, the neighborhood group and the applicant, agreed that a NS Neighborhood Service District was more an appropriate zoning district as opposed to the applicant’s original request for a CR Community Retail District. The NS Neighborhood Service District limits the retail and personal service uses that are permitted within the district. The NS Neighborhood Service District is intended to “accommodate convenience retail shopping, services and professional offices principally servicing and compatible in scale and intensity of use with adjacent residential uses.” Staff’s recommendation is for approval of the applicant’s request. Development Standards: DISTRICT

R-5(A) - existing Single Family

NS(A) - Proposed Neighborhood service

SETBACKS Front

Side/Rear

Density

Height

Lot Coverage

Special Standards

PRIMARY Uses

20’

5’

1 Dwelling Unit/ 5,000 sq. ft.

30’

45%

Single family

15’

20’ adjacent to residential OTHER: No Min.

0.5 FAR

30’ 2 stories

40%

Retail & personal service, office

Landscaping: Landscaping of any development will be in accordance with Article X requirements, as amended.

4


Z123-314(WE)

CPC Action (October 10, 2013) Z123-314(WE)

Planner: Warren Ellis

Motion: It was moved to recommend approval of an NS(A) Neighborhood Service District on property zoned an R-5(A) Single Family District north of Singleton Boulevard, east of Toronto Street. Maker: Second: Result:

Soto Hinojosa Carried: 13 to 0

For: 13 - Anglin, Soto, Rodgers, Culbreath, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar Against: Absent: Vacancy:

0 1 - Wolfish 1 - District 5

Notices: Replies:

Area: 200 For: 4

Mailed: Against:

Speakers:

For: Alejandro Valencia, 5711 Singleton Blvd., Dallas, TX, 75212 Against: None

5

18 0


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Z123-314(WE)

Undeveloped

Auto related use

Single family

C-store

Undeveloped

Single family

7


Z123-314(WE)

CPC RESPONSES

8


Z123-314(WE)

Notification List of Property Owners Z123-314 18 Property Owners Notified

4 Property Owners in Favor

Reply Label # Address O

O O

O

0 Property Owners Opposed

Owner

1

5711

SINGLETON BLVD

VALENCIA JOSE

2

5600

SINGLETON BLVD

IRVING I S D

3

5807

TORONTO ST

RODERIGUEZ ENRIQUE F

4

5803

TORONTO ST

JUHLIN MIKE EST OF

5

5711

TORONTO ST

EXXON PIPELINE COMPANY

6

5707

SINGLETON BLVD

WATERS O E JR

7

5703

SINGLETON BLVD

HERNANDEZ FRED R SR

8

5600

MARTINEZ TRL

MARTINEZ MIGUEL & OLGA

9

2907

MIKE ST

LOPEZ GUADALUPE G

10

2810

MIKE ST

CARDOZA NANCY

11

2814

MIKE ST

OROZCO ILDEFONZO

12

2902

MIKE ST

OROZCO ILDEFONZO &

13

2906

MIKE ST

OROZCO ANDREW

14

5615

MARTINEZ TRL

BENZSHAWEL DAVID

15

5611

MARTINEZ TRL

HMK LTD

16

5607

MARTINEZ TRL

OROZCO REYES

17

5603

MARTINEZ TRL

OROZCO REYES &

18

5723

SINGLETON BLVD

HASEEB ENTERPRISE INC

9


AGENDA ITEM # 67 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

13

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

26 P

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for GO(A) General Office District Uses on property zoned a GO(A) General Office District with deed restrictions on the southeast line of Walnut Hill Lane, east of Golf Lakes Trail Recommendation of Staff and CPC: Approval, subject to sign elevations and conditions Z123-324(RB)


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa O’Donnell

FILE NUMBER:

Z123-324(RB)

DATE FILED: February 4, 2013

LOCATION:

Southeast Line of Walnut Hill Lane, East of Golf Lakes Trail

COUNCIL DISTRICT: 13

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 78.22

Approx. 5.778 Acres

26 P

APPLICANT/OWNER:

Walnut Glen, L.P.

REPRESENTATIVE:

Suzan Kedron

REQUEST:

An application for a Planned Development District for GO(A) General Office District Uses on property zoned a GO(A) General Office District with deed restrictions.

SUMMARY:

The applicant is requesting a PDD in order to permit the addition of two attached signs, one each on the north and south façade. The existing deed restrictions cover a larger area, but encumber the southern portion of the site will be retained. They limit the number of stories and require a water reservoir be unaltered.

CPC RECOMMENDATION:

Approval, subject to sign elevations and conditions.

STAFF RECOMMENDATION:

Approval, subject to sign elevations and conditions.

1


Z123-324(RB)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval subject to sign elevations and conditions with retention of the existing deed restrictions based upon: 1. Performance impacts upon surrounding property – No changes to permitted uses or development standards. The proposed signs will be located approximately 120 feet above grade and will not affect adjacent properties nor create a hazard or annoyance to motorists or pedestrians. 2. Traffic impact – The property is developed with a multi-tenant office building. The request will not generate additional vehicle trips. 3. Comprehensive Plan or Area Plan Conformance – The request is in compliance with the designated Building Block for the area. 4. As noted in the “Land Use” section below, rezoning with this PDD is the best method to obtain the requested signage. BACKGROUND INFORMATION: •

The property is developed with a 464,289 square foot multi-tenant office tower and parking structure.

The applicant is requesting a PDD in order to permit the addition of two attached signs, one each on the north and south façade. The existing office district limits signs to nonbusiness rules.

Existing deed restrictions capture an approximate 26.4 acre area, of which encumber the extreme southern portion of the site. These restrictions, limiting structure height and retention of existing surface area for a water reservoir, do not impact the request. The applicant is proposing to retain the restrictions.

No revisions to permitted uses or development standards provided by the existing GO(A) District are requested at this time.

Zoning History: There has not been any recent zoning activity in the immediate area relevant to the request. Thoroughfare

Designation; Existing & Proposed ROW

Walnut Hill Lane

Principal Arterial; 100’& 100’ ROW

Traffic:

As the request does not entertain an increase in development rights, the 2


Z123-324(RB) Engineering Section of the Department of Sustainable Development and Construction has no issues with the request. Comprehensive Plan: The site is located in a Business Center or Corridor. This Building Block represents major employment or shopping destinations outside of Downtown. Examples include the Galleria area, the North Park Center area, Southwest Center Mall area at I-20 and US Hwy 67 and the Stemmons Corridor. Business Centers are usually at major intersections or along Highways or major arterials and rely heavily on car access. These areas typically include high-rise office towers and low- to mid-rise residential buildings for condos or apartments and may include multifamily housing. Land uses are typically separated from one another by parking lots, freeways or arterial roads. Streets in these areas emphasize efficient movement of vehicles. Bold lighting and linear landscaping features such as esplanades and tree-lined boulevards can all work to distinguish and identify these areas. Public spaces may be at key entry points and central locations. Gateway landscaping, monuments and other devices will provide visibility from the freeway and guide visitors to destinations. Public transit may play a role in these areas and help create some pockets of transit oriented development. Business Centers and Corridors provide important concentrations of employment within Dallas that compete with suburban areas. Area Plan: The property is situated within the boundary of the Vickery Meadow Area Plan, adopted by the City Council in February, 2013. The study emphasizes a need to connect the DART Walnut Hill Station to redevelopment plans. This would ensure safe and efficient pedestrian connections (wider sidewalks, ADA ramps, lighting) through the area. STAFF ANALYSIS: Land Use Compatibility: The request site is developed with a multi-tenant office building and structured parking. The applicant is requesting a PDD in order to provide for two additional attached signs, one each located on the north and south facades. Current zoning prohibits these signs. The site is surrounded by a mix of uses nonresidential (office, retail) uses, inclusive of Presbyterian Hospital, east of the site. Additionally, DART’s Red Line Walnut Hill Station is situated above the Walnut Hill Lane travel lanes. While staff is generally not supportive of utilizing a PDD for signage, other options are not appropriate for various reasons: 1) RR or MU-1 and MU-3 Districts (appropriate zoning districts for the area) – both permit sign regulations that provide for the applicant’s request. With respect to existing development, certain legally non-conforming standards (floor area and setbacks) would be created. 2) Board of Adjustment – limits consideration of an increase (10%) in effective area above existing entitlements would not provide for the request. 3) Special Provision Sign District – utilized for enhancing, preserving, or developing the character of an area and to protect the public welfare. Additionally, an SPSD tends 3


Z123-324(RB) to be considered for a geographical area including multiple parcels and/or developments. Lastly, the immediate area is a mix of nonresidential uses with no central theme or character of design. The existing single parcel does not possess any characteristics generally anticipated for such an overlay. Landscaping: The site possesses significant planting areas and mature trees. The request will not impact existing landscaping nor will it trigger additional plant materials. Off-Street Parking: The applicant will continue to comply with the various off-street parking regulations as outlined in the Dallas Development Code. CPC ACTION (October 10, 2013) Z123-324(RB)

Planner: Richard Brown

Motion: It was moved to recommend approval of a Planned Development District for GO(A) General Office District Uses, subject to revised sign elevations, as briefed, and staff’s recommended conditions with the following revisions: 1) Sec. 51P- .111. SIGNS., (b) North Façade., (1) One additional attached premise sign is permitted within the shaded area as shown on the attached Sign Elevation-North Façade, 2) (c) South façade., (1) One additional attached premise sign is permitted within the shaded area as shown on the attached Sign Elevation-South Façade, and 3) both sign elevations will require additional staff recommend dimensional controls, which have been provided to the applicant on property zoned a GO(A) General Office District with deed restrictions, on the southeast line of Walnut Hill Lane, east of Golf Lakes Trail. Maker: Second: Result:

Murphy Tarpley Carried: 13 to 0

For: 13 Anglin, Soto, Rodgers, Culbreath, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar Against: Absent: Vacancy: Notices: Replies: Speakers:

0 1 - Wolfish 1 - District 5 Area: For:

500 1

Mailed: Against:

22 1

For: Suzan Kedron, 901 Main St., Dallas, TX, 75202 Against: None

4


Z123-324(RB)

5


Z123-324(RB)

CPC RECOMMENDED CONDITIONS ARTICLE PD SEC. 51P-

.101.

PD

. .

LEGISLATIVE HISTORY.

was established by Ordinance No.

, passed by the Dallas City Council on

. SEC. 51P-

.102.

PROPERTY LOCATION AND SIZE.

PD is established on property located on the southeast line of Walnut Hill Lane, east of Golf Lakes Trail. The size of PD is approximately 5.778 acres. SEC. 51P-

.103.

DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c)

This district is considered to be a nonresidential zoning district.

SEC. 51P-____.104 (a)

SEC. 51P-

EXHIBITS.

The following exhibits are incorporated into this division: (1)

Exhibit ____A: sign elevation-north facade.

(2)

Exhibit ____B: sign elevation-south facade.

.104.

CONCEPTUAL PLAN AND DEVELOPMENT PLAN.

No conceptual plan or development plan is required, and the provisions of Section 51A4.702 regarding submission of or amendments to a development plan, site analysis plan, conceptual plan, development schedule, and landscape plan do not apply.

6


Z123-324(RB)

SEC. 51P-

.105.

MAIN USES PERMITTED.

The only main uses permitted are those main uses permitted in the GO(A) District, subject to the same conditions applicable in the GO(A) District, as set out in Chapter 51A. For example, a use permitted in the GO(A) District only by specific use permit (SUP) is permitted in this district only by SUP; a use subject to development impact review (DIR) in the GO(A) District is subject to DIR in this district; etc. SEC. 51P-

.106.

ACCESSORY USES.

As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. SEC. 51P-

.107.

YARD, LOT, AND SPACE REGULATIONS.

(Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. If there is a conflict between this section and Division 51A-4.400, this section controls.) The yard, lot, and space regulations for the GO(A) District apply. SEC. 51P-

.108.

OFF-STREET PARKING AND LOADING.

Consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. SEC. 51P-

.109.

ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI. SEC. 51P-

.110.

LANDSCAPING.

(a)

Landscaping must be provided in accordance with Article X.

(b)

Plant materials must be maintained in a healthy, growing condition.

SEC. 51P-

.111.

SIGNS. 7


Z123-324(RB)

(a) In general. Except as provided in this section, signs must comply with the provisions for business zoning districts in Article VII. (b)

North facade.

(1) One additional attached premise sign is permitted within the shaded area as shown on the attached Sign Elevation-North Facade.

(c)

(2)

Maximum effective area is 250 square feet.

(3)

Maximum height of the top of sign is 120 feet above grade.

(4)

Internal illumination is permitted.

South facade.

(1) One additional attached premise sign is permitted within the shaded area as shown on the attached Sign Elevation-South Facade.

SEC. 51P(a) appearance.

(2)

Maximum effective area is 250 square feet.

(3)

Maximum height of the top of sign is 120 feet above grade.

(4)

Internal illumination is permitted.

.112.

ADDITIONAL PROVISIONS.

The Property must be properly maintained in a state of good repair and neat

(b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P-

.113.

COMPLIANCE WITH CONDITIONS.

(a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city.

8


Z123-324(RB)

9

Sign Elevation-North Faรงade


Z123-324(RB)

Floor 18

16

17

15 14

13

12

10

11

9 8 7 6

4

5

120'

I

II I

t== 55'

Current sign = 600 sq' New Sign <= 250 sq'

254'

I

Sign Elevation - South !Facade

!Shaded Area is 127' Wide X 65' Tall

New Signa路ge is only allowed in the Shaded Area

New Signage is only allowed in the Grey Shaded Area with a maximum height of 120'

*sign and building depictions are approximate

current sign (for illustration purposes only)

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Z123-324(RB)

Office DART Walnut Hill Station (elevated)

Office, Retail

Hospital

Office, Retail

Office

14


Z123-324(RB)

CPC RESPONSES

15


Z123-324(RB) 10/11/2013 

 

Reply List of Property Owners 

 

Z123-324 

     

22  Property Owners Notified 

1  Property Owners in Favor 

Reply  Label #  Address 

1  Property Owners Opposed 

Owner 

 

 

8160 

WALNUT HILL LN 

TEXAS UTILITIES ELEC CO 

 

 

8140 

WALNUT HILL LN 

LANDGEM GLEN LAKES LTD 

 

8144 

WALNUT HILL LN 

WALNUT GLEN LP 

 

 

8024 

WALNUT HILL LN 

NUTTING RICE TEXAS LP 

 

 

8200 

WALNUT HILL LN 

PRESBYTERIAN HEALTHCARE 

 

 

8200 

WALNUT HILL LN 

TEXAS HEALTH RESOURCES 

 

 

9600 

GOLF LAKES TRL 

CAMDEN PROPERTY TRUST 

 

 

8007 

WALNUT HILL LN 

INTERFIRST BANK DALLAS 

 

8021 

WALNUT HILL LN 

CORNER SHOPPING HOLDING 

 

 

10 

5486 

GLEN LAKES DR 

LIPPAS MARC GREGORY FAM 

 

 

11 

5478 

GLEN LAKES DR 

TRAYNOR MARY H 

 

 

12 

5470 

GLEN LAKES DR 

WATSON MAELISSA ET AL 

 

 

13 

8240 

WALNUT HILL LN 

DALLAS AREA RAPID TRANSIT 

 

 

14 

5515 

GLEN LAKES DR 

TELESIS WALNUT PLACE 

 

 

15 

5499 

GLEN LAKES DR 

5499 GLEN LAKES LTD 

 

 

16 

5494 

GLEN LAKES DR 

WHSC GEN PAR LLC 

 

 

17 

401 

BUCKNER BLVD 

DART 

 

 

18 

5477 

GLEN LAKES DR 

FIRST 5477 LTD 

 

 

19 

5477 

GLEN LAKES DR 

DALLAS FORT WORTH IVF REALTY LP 

 

 

20 

5477 

GLEN LAKES DR 

NT PSYCHIATRIC ALLIANCE 

 

 

21 

9500 

CENTRAL EXPY 

WALNUT BOBOS LTD 

 

 

22 

9500 

CENTRAL EXPY 

WALNUT BOBOS II LTD 

16


AGENDA ITEM # 68 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

7

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

48 Q

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned an LI-D-1 Light Industrial District with a D-1 Liquor Control Overlay on the northeast corner of South Buckner Boulevard and Forney Road Recommendation of Staff: Approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions Recommendation of CPC: Approval for a two-year period, subject to a site plan and conditions Z123-268(MW)


HONORABLE MAYOR & CITY COUNCIL

FILE NUMBER:

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa O’Donnell

Z123-268(MW)

DATE FILED: May 7, 2013

LOCATION: Northeast corner of South Buckner Boulevard and Forney Road COUNCIL DISTRICT: 7

MAPSCO: 48-Q

SIZE OF REQUEST: ±0.565 acre

CENSUS TRACT: 122.07

REPRESENTATIVE:

Pamela Craig

APPLICANT/OWNER:

Devin Brich Group, Corporation Paul O. Nwoke, Sole Officer and Director

REQUEST:

An application for a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned an LI-D-1 Light Industrial District with a D-1 Liquor Control Overlay

SUMMARY:

The applicant proposes the sale of alcoholic beverages for off-premise consumption in conjunction with the existing convenience store.

CPC RECOMMENDATION:

Approval for a two-year period subject to a site plan and conditions.

STAFF RECOMMENDATION:

Approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions.

1


Z123-268(MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of this renewal subject to the conditions based upon the following: 1. Compatibility with surrounding uses and community facilities – The existing general merchandise or food store with vehicle fueling station is compatible with the surrounding land uses. The sale of alcoholic beverages in conjunction with the main use does not affect compatibility. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The general merchandise or food store with vehicle fueling station provides a service to the neighborhood and does not appear to negatively impact the adjacent properties. 3. Not a detriment to the public health, safety, or general welfare – The existing retail food store complies with Chapter 12B (Convenience Store) requirements. The purpose of regulating convenience stores is to protect the health, safety, and welfare of the citizens of the City of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city.  

4. Conforms in all other respects to all applicable zoning regulations and standards – Based on information depicted on the proposed site plan, the request complies all applicable zoning regulations and standards. BACKGROUND INFORMATION: •

The ±0.565 acre request site is developed with a ±2,289-square foot general merchandise or food store (convenience store) and vehicle fueling station (gas pumps).

Based on information provided by the Dallas Police Department (DPD), Neighborhood Police Unit, Southeast Patrol Division, the convenience store located at 4710 South Buckner is in DPD’s system and passed inspection in August 2013. Therefore, the referenced convenience store complies with Chapter 12B (Convenience Store) requirements.

Zoning History: 1. Z101-164: On Thursday, April 21, 2011, the City Plan Commission recommended denial of an application for a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less. The applicant did not appeal to City Council.

2


Z123-268(MW) Surrounding Land Uses: Zoning

Land Use

North

LI

Church (complies with the alcohol distance requirements)

East

Li

Warehouses

South

LI

Industrial (inside)

West

MC-1

Undeveloped

Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

South Buckner Boulevard

Principal Arterial

100 feet â&#x20AC;&#x201C; 150 feet

Forney Road

Collector

70 feet

STAFF ANALYSIS: Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depicts general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The Vision Illustration depicts the request site as within a Business Center or Corridor. This Building Block represents major employment or shopping destinations outside of Downtown. Examples include the Galleria area, the NorthPark Center area, Southwest Center Mall area at I-20 and US Hwy 67 and the Stemmons Corridor. Business Centers are usually at major intersections or along highways or major arterials and rely heavily on car access. These areas typically include high-rise office towers and low- to mid-rise residential buildings for condos or apartments and may include multifamily housing. Land uses are typically separated from one another by parking lots, freeways or arterial roads. Streets in these areas emphasize efficient movement of vehicles. Bold lighting and linear landscaping features such as esplanades and tree-lined boulevards can all work to distinguish and identify these areas. Public spaces may be at key entry points and central locations. Gateway landscaping, monuments and other devices will provide visibility from the freeway and guide visitors to destinations. Public transit may play a role in these areas and help create some pockets of transit oriented development. Business Centers and Corridors provide important concentrations of employment within Dallas that compete with suburban areas.

3


Z123-268(MW) While a general merchandise or food store 3,500 square feet or less is typically considered a neighborhood service use, the existing convenience store and motor vehicle fueling station Therefore, in general, the applicantâ&#x20AC;&#x2122;s proposal is consistent with the following goals and policies of the Comprehensive Plan. LAND USE ELEMENT Goal 1.1:

Promote desired development Policy 1.1.5: Use Vision Building Blocks as a general guide for desired development patterns

Land Use Compatibility: It is noted that the church to the north of the request site complies with the alcohol distance requirements, as demonstrated by the alcohol measurement survey provided with the application. The "D-1" Overlay District is a Liquor Control Overlay District which requires an individual to obtain a Specific Use Permit in order to sell or serve alcoholic beverages, or setups for alcoholic beverages, for consumption on or off the premises. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. A convenience store requires a certificate of registration to comply with Chapter 12B. The purpose of Chapter 12B is to protect the health, safety, and welfare of the citizens of the city of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. A certificate of registration for a convenience store expires one year after the date of issuance and must be renewed annually. Based on information provided by the Dallas Police Department (DPD), Neighborhood Police Unit, Southeast Patrol Division, the convenience store located at 4710 South Buckner is in DPDâ&#x20AC;&#x2122;s system and passed inspection in August 2013. Therefore, the referenced convenience store complies with Chapter 12B (Convenience Store) requirements.

4


Z123-268(MW) The applicant’s request conforms with the applicable zoning regulations and standards and is consistent with the intent of the Dallas Development Code. The proposed sale of alcoholic beverages in conjunction with the existing convenience store is not anticipated to negatively impact the adjacent properties. Therefore, staff recommends approval for a two-year period with eligibility for automatic renewal for additional five-year periods subject to a site plan and conditions. The short initial time period will allow reevaluation of the request to ensure ongoing compliance. Development Standards: While the applicant does not propose any new construction or changes to the site, the development standards for the IR Industrial Research District are provided below. District

IR Industrial research

Setbacks Front

Side/Rear

15’

30’ adjacent to residential OTHER: No Min.

Density

Height

Lot Coverage

Special Standards

Primary Uses

2.0 FAR overall 0.75 office/ retail 0.5 retail

200’ 15 stories

80%

Proximity Slope Visual Intrusion

Industrial, wholesale distribution and storage, supporting office & retail

Parking: Pursuant to the Dallas Development Code, a general merchandise or food store requires one space per 200 square feet of floor area. Therefore, the 2,289-square foot convenience store requires 14 spaces, which are provided as shown on the site plan. Pursuant to the Dallas Development Code, a general merchandise or food store requires one space per 200 square feet of floor area and a motor vehicle fueling station requires two spaces. Therefore, the 2,289-square foot convenience store with fuel pumps requires 13 spaces; 14 spaces are provided as depicted on the proposed site plan. Landscaping: Any new construction will require landscaping per Article X of the Dallas Development Code. No new construction is proposed by this application; additional landscaping is not required at this time.

5


Z123-268(MW) CPC Action: October 10, 2013: Z123-268(MW)

Planner: Megan Wimer

Motion: It was moved to recommend approval of a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less for a two-year period, subject to a site plan and conditions on property zoned an LI-D-1 Light Industrial District with a D-1 Liquor Control Overlay on the northeast corner of South Buckner Boulevard and Forney Road. Maker: Second: Result:

Bagley Rodgers Carried: 12 to 0

For: 12 - Anglin, Soto, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar Against: 0 Absent: 2 - Culbreath, Wolfish Vacancy: 1 - District 5 Notices: Area: 200 Replies: For: 1 Speakers:

Mailed: 7 Against: 1

For: Pamela Craig, 2410 Taylor St., Dallas, TX, 75201 Against: None

6


Z123-268(MW) Police Report: An online search of the Dallas Police Departmentâ&#x20AC;&#x2122;s offense incident reports for the period from August 28, 2011 to August 28, 2013 revealed the following results:

7


Z123-268(MW) Z123-268 CPC Recommended Conditions 1.

USE: The only use authorized by this specific use permit is the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less.

2.

SITE PLAN. Use and development of the Property must comply with the attached site plan.

CPC Recommended: 3. TIME LIMIT: This specific use permit expires on (two years). Staff Recommended: 3. TIME LIMIT: This specific use permit expires on (two years), but is eligible for automatic renewal for additional five-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4.

MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance.

5.

GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

8


Z123-268(MW) Site Plan

9


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Z123-268(MW)

AERIAL MAP

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Z123-268(MW)

Church

Undeveloped

Warehouse

Industrial (Inside)

12


Z123-268(MW)

1

13


Z123-268(MW) CPC Responses

14


Z123-268(MW) 10/11/2013

Reply List of Property Owners Z123-268 7 Property Owners Notified

1Property Owners in Favor

Reply Label # Address

1 Property Owners Opposed

Owner

1

4710

BUCKNER BLVD

DEVIN BRICH GROUP DORP

2

4700

BUCKNER BLVD

NW REALTY INC

3

4520

BUCKNER BLVD

4520 BUCKNER LP

4

8131

FORNEY RD

TAGGERT TEXAS LTD

X

5

4740

BUCKNER RD

INTERNATIONAL BIBLE ASSOC

O

6

4625

BUCKNER BLVD

BUCKNER FOODS INC

7

4612

BUCKNER BLVD

RICHMOND P CURT

15


AGENDA ITEM # 69 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

4

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

55 N; S

SUBJECT A public hearing to receive comments regarding an application for a CR Community Retail District, subject to deed restrictions volunteered by the applicant on property zoned an NS(A) Neighborhood Service District on property bounded by Illinois Avenue, Alaska Avenue, Montana Avenue, and Marsalis Avenue Recommendation of Staff and CPC: Approval, subject to deed restrictions volunteered by the applicant Z112-294(RB) Note: This item was considered by the City Council at a public hearing on October 23, 2013, and was taken under advisement until November 12, 2013, with the public hearing open


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER: Z112-294(RB)

DATE FILED: March 28, 2012

LOCATION: Property bounded by Illinois Avenue, Alaska Avenue, Montana Avenue, and Marsalis Avenue COUNCIL DISTRICT: 4

MAPSCO: 55 N, S

SIZE OF REQUEST: Approx. 2.45 Acres

CENSUS TRACT: 54

APPLICANT:

Huttonco Development, L.P.

REPRESENTATIVE: Frank Youmans OWNER:

Rainier Sun West 2012, LLC

REQUEST:

An application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an NS(A) Neighborhood Service District.

SUMMARY:

The applicant is requesting a CR District in order to permit additional development of a 7,000 square foot general merchandise or food store (auto parts store) as well as permitting additional nonresidential uses. In conjunction with the request, the applicant has volunteered deed restrictions that will: 1) prohibit certain uses; 2) address certain operational characteristics; and, 3) provide for additional landscape materials along portions of the perimeter of the site.

CPC RECOMMENDATION:

Approval, subject to deed restrictions volunteered by the applicant.

STAFF RECOMMENDATION:

Approval, subject to deed restrictions volunteered by the applicant.

1


Z112-294(RB)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval subject to a development plan, landscape plan, and conditions with retention of the existing deed restrictions based upon: 1. Performance impacts upon surrounding property – The proposed auto parts store is not expected to impact adjacent properties (lighting, noise, odor). 2. Traffic impact – As the site fronts possesses four street frontages with multiple access points, local streets serving adjacent residential uses will not be utilized to access the site. 3. Comprehensive Plan or Area Plan Conformance – The request is in compliance with the designated Building Block for the area. Additionally, the request as recommended in the attached conditions complies with the Oak Lawn Special Purpose District and Oak Lawn Plan criteria for redevelopment. 4. The applicant has worked with staff to ensure various provisions (development/operational regulations and prohibited uses) are provided to ensure compatibility with adjacent residential and institutional uses. BACKGROUND: •

The request site is developed with a legally nonconforming general merchandise or food store greater than 3,500 square feet, which consists of 21,980 square feet of floor area.

Prior to the city-wide zoning transition in the late 1980’s, the property was zoned an NS Neighborhood Service District, which permitted the existing improvements (use classified as a Retail Food Store); it has remained a legally nonconforming use during this time. No additional development has been provided on the property since that time.

The applicant is requesting a CR District in order to provide for a 7,000 square foot auto parts store (classified as a general merchandise or food store greater than 3,500 square feet use designation). As a parallel benefit, the above referenced use would become a legal use, which would permit various improvements and renovations (per the requested CR District development standards) should the property owner wish to pursue such improvements. 2


Z112-294(RB)

In conjunction with the requested CR District, the applicant has volunteered deed restrictions that will: 1) prohibit certain uses; 2) address certain operational characteristics; and, 3) provide for additional landscape materials along portions of the perimeter of the site.

Zoning History: There has been no recent zoning activity in the immediate area relevant to this request. Thoroughfare/Street

Designation; Existing & Proposed ROW

Illinois Avenue

Principal Arterial; 100’ & 100’ ROW

Marsalis Avenue

Minor Arterial; 100’ & 100’ ROW

Alaska Avenue

Local; 50’ ROW

Montana Avenue

Local; 50’ ROW

Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Development and Construction has reviewed the request and determined that it will not impact the surrounding street system. STAFF ANALYSIS: Comprehensive Plan: The request site is located in an area considered a Residential Neighborhood. This Building Block represents the life-blood of Dallas, the traditional neighborhood of single-family detached homes. Dallas has many neighborhoods that match this description, including Winnetka Heights, Preston Hollow, Lakewood and Wheatley Place. Single-family dwellings are the dominate land use in these areas. Some shops, restaurants or institutional land uses such as schools and religious centers that serve neighborhood residents may be located at the edges or at key intersections. LAND USE ELEMENT GOAL 1.2 Promote desired development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. 3


Z112-294(RB) Land Use Compatibility: The request site is developed with a legally nonconforming general merchandise or food store greater than 3,500 square feet, which consists of 21,980 square feet of floor area. The applicant is requesting a CR District in order to provide for a 7,000 square foot auto parts store (classified as a general merchandise or food store greater than 3,500 square feet use designation). As a parallel benefit, the above referenced use would become a legal use, which would permit various improvements and renovations (per the requested CR District development standards) should the property owner wish to pursue such improvements Surrounding land use consists of low density residential served by various institutional uses: 1) Harrell Budd Elementary School and teacher/visitor surface parking/outside play areas to the north and northeast, and 2) church uses to the west and east. With respect to the residentially-influenced built environment, the applicant has worked with staff to address a myriad of issues, the vast majority of them addressed in the applicant’s volunteered deed restrictions. In summary, 1) certain uses have been prohibited; 2) location of speaker boxes for uses providing drive-through service are prohibited along the Alaska Avenue frontage; 3) restricted hours of delivery; and, 4) perimeter planting areas along portions of all street frontages with the exception of Montana Avenue and Alaska Avenue. Landscaping: With the exception of one large tree and a short row of small trees along Alaska Avenue, the site is void of landscaping. While it is anticipated the applicant’s request to provide for the above referenced auto parts store will not trigger landscaping, staff has remained concerned that such a highly visible site (i.e., four street frontages) lacks areas of landscaping typically found on developed property of this size. Lastly, it should be noted the entire site is paved, thus infrastructure normally provided to maintain landscaping does not exist. As a result of these concerns, the applicant has worked with staff to address the possibility of softening existing and future improvements at the site’s perimeter. The applicant’s volunteered deed restrictions will require planting areas along the site’s Illinois Avenue and Marsalis Avenue frontages, consisting of small trees and a three foot-tall hedgerow for certain lengths along these perimeter streets. For illustrative purposes only, staff has provided the attached streetscape exhibit; reference the attached volunteered deed restrictions for specific enabling language. Miscellaneous-Six Month Extension. The Dallas Development Code states that a request for a zoning change may not be held for longer than six months from the date of the Commission’s action without being scheduled for a City Council hearing. 4


Z112-294(RB) Furthermore, the Commission shall review a zoning request that has not been scheduled within six months of the Commissionâ&#x20AC;&#x2122;s action to determine whether a time extension should be granted for a specified period or whether the application should be terminated and declared null and void. The City Plan Commission granted two extensions: June 20, 2013 for three months, and September 12, 2013 for two months. CPC ACTION (January 10, 2013) Motion: It was moved to recommend approval of a CR Community Retail District, subject to revised deed restrictions volunteered by the applicant on property zoned an NS(A) Neighborhood Service District on property bounded by Illinois Avenue, Alaska Avenue, Montana Avenue and Marsalis Avenue. Maker: Lavallaisaa Second: Shellene Result: Carried: 11 to 0 For:

Against: Absent: Vacancy: Notices: Replies: Speakers:

Area: For:

11 - Davis, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Alcantar 0 1 - Wally, Anglin, Ridley 1 - District 4

300 4

Mailed: 63 Against: 2

None

5


Z112-294(RB)

From: Sonja Billington [mailto:sbillington@EMERSONSCOMM.COM] Sent: Friday, January 04, 2013 11:45 AM To: Frank Youmans Subject: FW: Officers for Rainier Sunwest 2012, LLC

Good Morning Frank, Per your request; President – J. Kenneth Dunn Vice-President – Timothy C. Nichols Vice-President – Danny S. Lovell Secretary-Treasurer – Thomas B. Mock Sonja

Sonja Billington Property Manager

Emersons Commercial Management US, LLC O: 972-738-0122 | F: 972-931-0140 17776 Preston Road, Ste. 100 Dallas, TX 75252 sbillington@emersonscomm.com www.emersonscomm.com

6


Z112-294(RB)

7


Z112-294(RB)

PRELIMINARY SITE SKETCH

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TRAFFIC SIGNAL

BUILDING

SETBACKS

REQ-D AREA

SUMMARY

GROSS AREA

SQUARE FOOTAGE 106,722 SF

ACREAGE 2.45

PAVING AREA

57,520 SF

1.32

PARKING

TOTAL BLDG SF

SUMMARY

REQ-D SPACES

PROPOSED LOCATION

PROV-D

FRONT REAR SPACE SIZE SIDE (NORTH) 9' x 18' SIDE (SOUTH) DRAWN BY

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PROV-D 110 n

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Streetscape Exhibit

(for illustrative purposes only)

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Z112-294(RB) VOLUNTEERED DEED RESTRICTIONS II. The Owner does hereby impress all of the Property with the following deed restrictions ("restrictions"), to wit: 1. Deliveries are prohibited between the hours of 9:00 p.m. and 6:00 a.m., Monday through Sunday. 2. Any use that incorporates a drive-through must have the speaker box and drive-through window oriented away from Alaska Avenue. 3. The following uses are prohibited: (A)

Lodging uses. -- Hotel or motel. -- Lodging or boarding house. -- Overnight general purpose shelter.

(B)

Retail uses. ------

(C)

Alcoholic beverage establishment. Car wash. Commercial amusement (inside). Commercial amusement (outside). Liquor store.

Wholesale, distribution, and storage uses. -- Mini-warehouse.

4. Prior to the issuance of a certificate of occupancy, the following must be provided: (A) A minimum five-foot-wide perimeter landscape area along Illinois Avenue with a minimum of seven small trees; (B) A 75-foot-long hedgerow to screen off-street parking along the west line of Marsalis Avenue, beginning at its intersection with Illinois Avenue, consisting of evergreen plant materials capable of obtaining a solid appearance within three years; 5. A 75-footâ&#x20AC;&#x201C;long, three-foot-high solid parking lot screening along the east line of Alaska Avenue, beginning at the intersection of Alaska Avenue and Illinois Avenue, exclusive of points of ingress and egress.

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CPC RESPONSES

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32

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___6_3 ___ Property Owners Notified (64 parcels) _ _ _4___ Replies in Favor (4 parcels) _ _ _2___ Replies in Opposition (2 parcels) 300' Area of Notificat ion 1/10/2013 Date

------

12

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Z112-294(RB) 1/10/2013 

 

Reply List of Property Owners 

 

Z112-294 

    63  Property Owners Notified  Owners Opposed   

4  Property Owners in Favor 

Reply  Label #  Address 

2  Property

Owner 

 

 

2215 

MARSALIS AVE 

RAINIER SUNWEST 2012 LLC 

 

 

2100 

MARSALIS AVE 

Dallas ISD 

 

 

2119 

MARYLAND AVE 

GUEL FELIPE TORRES & 

 

 

2123 

MARYLAND AVE 

TINOCO REFUGIO T & MARIA 

 

 

2127 

MARYLAND AVE 

EGUILUZ PATRICIO 

 

 

2131 

MARYLAND AVE 

TEXAS NORTHEAST CHURCH 

 

 

522 

WOODIN BLVD 

GARCIA JULIAN R 

 

 

2115 

ALASKA AVE 

WILLIAMS PATRICIA B 

 

 

2119 

ALASKA AVE 

GONZALEZ ALVARO & MARIA E 

 

10 

2123 

ALASKA AVE 

MIRANDA RITA 

 

 

11 

2127 

ALASKA AVE 

RIOS CAMILO R 

 

 

12 

2131 

ALASKA AVE 

BAKER BERL EST OF 

 

 

13 

2130 

MICHIGAN AVE 

CHATMAN RUFUS 

 

 

14 

2126 

MICHIGAN AVE 

CHATMAN VADA JOE 

 

 

15 

2122 

MICHIGAN AVE 

BERNAL JESUS & LUDIVINA 

 

16 

2118 

MICHIGAN AVE 

ANDERSON DOROTHY 

 

 

17 

2112 

MICHIGAN AVE 

MOORE BETTY 

 

 

18 

2203 

ALASKA AVE 

CANAAN BAPTIST CHURCH 

 

 

19 

2207 

ALASKA AVE 

CANNAN BAPTIST CHURCH 

 

 

20 

2211 

ALASKA AVE 

VARGAS PRUDENCIO 

 

 

21 

2215 

ALASKA AVE 

SHEPHERD ERMIE JEAN 

 

22 

2221 

ALASKA AVE 

KROUT ELLIS 

 

 

23 

2223 

ALASKA AVE 

SMITH SHERRIL A 

 

 

24 

2227 

ALASKA AVE 

ARREDONDO JOSE & 

 

 

25 

2224 

MICHIGAN AVE 

ORTIZ BENITO 

 

 

26 

2222 

MICHIGAN AVE 

PHILLIPS RUSSIAN 

13


Z112-294(RB) 1/10/2013 

   

Reply  Label #  Address 

Owner 

 

 

27 

2218 

MICHIGAN AVE 

CORTINAS OSCAR C 

 

 

28 

2214 

MICHIGAN AVE 

PEREIRA AIRAN & 

 

 

29 

2210 

MICHIGAN AVE 

VAZQUEZ HONORIO 

 

 

30 

2206 

MICHIGAN AVE 

GUERRERO MARGARITA 

 

 

31 

2202 

MICHIGAN AVE 

RODRIGUEZ FERNANDO & MARY 

 

 

32 

2200 

MARSALIS AVE 

CHURCH OF GOD IN CHRIST 

 

 

33 

2215 

MARYLAND AVE 

CH OF GOD IN CHRIST TNE 

 

 

34 

2219 

MARYLAND AVE 

SAINTSVILLE C O G I E 

 

 

35 

2223 

MARYLAND AVE 

CHURCH OF GOD IN CHRIST 

 

 

36 

2307 

MARYLAND AVE 

JASSO ANTONIO SABAS 

 

 

37 

2311 

MARYLAND AVE 

ROCHA JOSE LUIS & 

 

 

38 

2315 

MARYLAND AVE 

MEDINA JOSE ANTONIO 

 

 

39 

2319 

MARYLAND AVE 

MEDINA JOSE A 

 

 

40 

2322 

MARSALIS AVE 

DKW ENTERPRISES 

 

 

41 

2318 

MARSALIS AVE 

BEJARANO ITANIO & 

 

 

42 

2314 

MARSALIS AVE 

HERRERA JUAN F 

 

 

43 

2310 

MARSALIS AVE 

WALKER PATRICIA K 

 

 

44 

2306 

MARSALIS AVE 

STRATFORD TERACE NICOLE & 

 

 

45 

2305 

MARSALIS AVE 

GUERRERO CASTILLO MELITON 

 

 

46 

2309 

MARSALIS AVE 

MOTEN EUGENE & STELLA 

 

 

47 

2315 

MARSALIS AVE 

WILSON GUSSIE L 

 

 

48 

2319 

MARSALIS AVE 

SHIELDS MARVIN 

 

 

49 

2323 

MARSALIS AVE 

ELLIOTT DEBRA ANN 

 

 

50 

2322 

ALASKA AVE 

WATSON DIMPLE 

 

 

51 

2318 

ALASKA AVE 

NECH VICENTE 

 

 

52 

2314 

ALASKA AVE 

SIMMONS MYRTLE 

 

 

53 

2310 

ALASKA AVE 

HOLMES LARRY & DOROTHY 

 

 

54 

2306 

ALASKA AVE 

2841 BEASLEY LLC 

 

55 

2307 

ALASKA AVE 

KELLEY PATRICIA & KENNETH 

 

 

56 

2311 

ALASKA AVE 

LUSK PHILIP W 

 

 

57 

2315 

ALASKA AVE 

BANDA ALEJANDRO & SOFIA 

14


Z112-294(RB) 1/10/2013 

   

Reply  Label #  Address 

Owner 

 

 

58 

2319 

ALASKA AVE 

SANTANA RAFAEL L & MARIA 

 

 

59 

2323 

ALASKA AVE 

HERNANDEZ DORA 

 

 

60 

2320 

MICHIGAN AVE 

SCOTT JERRY D 

 

 

61 

2316 

MICHIGAN AVE 

RAYNER RUTH 

 

62 

2310 

MICHIGAN AVE 

WOODS LOTTIE J 

   

63 

2306 

MICHIGAN AVE 

GURRUSQUIETA ARMANDO & 

15


AGENDA ITEM # 70 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

5

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

58 D

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1357 for an open-enrollment charter school on property zoned an R-7.5(A) Single Family District on the northwest corner of Bruton Road and McCutcheon Lane Recommendation of Staff and CPC: Approval, subject to a site plan, traffic management plan and conditions Z123-318(WE) Note: This item was considered by the City Council at a public hearing on October 23, 2013, and was taken under advisement until November 12, 2013, with the public hearing open


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-318(WE)

DATE FILED: June 25, 2013

LOCATION:

Bruton Road and McCutcheon Lane, northwest corner

COUNCIL DISTRICT:

5

MAPSCO:

SIZE OF REQUEST:

Approx. 3.975 acres

CENSUS TRACT: 90

58-D

APPLICANT / OWNER:

Riley Family Faith Academy

REPRESENTATIVE:

Audra Buckley Permitted Development

REQUEST:

An application for an amendment to Specific Use Permit No. 1357 for an open-enrollment charter school on property zoned an R-7.5(A) Single Family District.

SUMMARY:

The purpose of this request is to allow the school to include grades 9th through 12th in their curriculum. The total student enrollment is anticipated to reach approximately 600 students when the additional grades are added.

CPC RECOMMENDATION: Approval, subject to a revised site plan, revised traffic management plan and conditions. STAFF RECOMMENDATION: Approval, subject to a revised site plan, revised traffic management plan and conditions.

1


Z123-318(WE)

GUIDING CRITERIA FOR STAFF RECOMMENDATION: Staff recommends approval of this amendment subject to the site plan, traffic management plan and conditions based upon: 1. Compatibility with surrounding uses and community facilities – The minor changes to Specific Use Permit No. 1357 will not affect the compatibility with the surrounding uses. The institutional use serves the residents and is consistent in height and scale with the adjacent residential and institutional uses. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The minor changes to Specific Use Permit No. 1357 will allow for senior high school students residing in the neighborhood to attend a local school. 3. Not a detriment to the public health, safety, or general welfare – The increase in the number of students from 488 students to 600 students should not cause a detriment to the public health, safety or general welfare of the adjacent neighborhood. 4. Conforms in all other respects to all applicable zoning regulations and standards – The amendment of Specific Use Permit No. 1357 will conform to the development standards and regulations in the Dallas Development Code. BACKGROUND INFORMATION: •

The applicant’s request for an amendment to Specific Use Permit No. 1357 will allow for the administration to include grades 9th through 12th in their curriculum. Presently, the school serves kindergarten through eighth grades.

In addition, there are some modifications to the site plan and traffic management plan that reflect changes to the surface parking lot. The changes were made to provide a more efficient circulation pattern for vehicular traffic during student drop-off and pick-up.

The maximum student enrollment will not change from the proposed 600 students. Currently, the school has approximately 488 students enrolled.

Zoning History: Other than the granting of the specific use permit on this site, there have been no other recent zoning changes requested in the area.

2


Z123-318(WE)

Thoroughfares/Streets: Thoroughfare/Street

Bruton Road McCutcheon Lane

Type

Principal Arterial Local

Existing ROW

Proposed ROW

100 ft. 60 ft.

100 ft. 60 ft.

Land Use:

Site North South

Zoning R-7.5(A) R-7.5(A) R-7.5(A)

East West

R-7.5(A) R-7.5(A)

Land Use Private school Single Family Child-care facility & private school Undeveloped, Single Family Church

COMPREHENSIVE PLAN: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicantâ&#x20AC;&#x2122;s request. The Plan identifies the request site as being in the Residential Neighborhood Building Block. The amendment to Specific Use Permit No. 1357 conforms to the Residential Neighborhood Building Block standards. This Building Block represents the life-blood of Dallas, the traditional neighborhood of single-family detached homes. Dallas has many neighborhoods that match this description, including Winnetka Heights, Preston Hollow, Lakewood and Wheatley Place. Single-family dwellings are the dominate land use in these areas. Some shops, restaurants or institutional land uses such as schools and religious centers that serve neighborhood residents may be located at the edges or at key intersections. LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. STAFF ANALYSIS: Land Use Compatibility: There are no changes to the existing conditions expect for including grades ninth through twelfth to the classrooms and a change to the site plan and traffic management plan. Staff has also included text for the traffic management

3


Z123-318(WE)

plan that describes the faculties’ role in implementing safety procedures when the students are dropped-off and picked-up. In January 2009, the City Council approved an amendment to Specific Use Permit No. 1357 for an open-enrollment charter school for a ten year period with eligibility for automatic renewals for addition ten year periods, subject to a site plan, traffic management plan and conditions. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. Staff has reviewed and recommends approval of the applicant’s request for an amendment to Specific Use Permit No. 1357 for an open enrollment charter school, subject to a site plan, traffic management plan and conditions. Development Standards: DISTRICT

R-7.5(A) Single Family

SETBACKS Front 25’

Side/Rear 5’

Density

Height

Lot Coverage

1 Dwelling Unit/ 7,500 sq. ft.

30’

45%

Special Standards

PRIMARY Uses Single family

Parking: The requirement for off-street parking for a school, pursuant to the Dallas Development Code is; •

one and one-half space for each kindergarten/elementary school classroom;

three and one-half space for each junior high/middle school classroom; and

nine and one-half space for each senior high school classroom.

The number of required off-street parking spaces for the proposed school is 97 spaces and the applicant is providing 117 off-street parking spaces. The applicant will have to re-stripe the parking lot to conform to the attached site plan. The existing circulation pattern on the northeastern portion of the site was inadequate for student drop-off and

4


Z123-318(WE)

/pick-up. The total number of proposed classrooms determines the number of required parking spaces. The school is proposing approximately 26 classrooms. Landscaping: Landscaping of any development will be in accordance with the attached site plan. The minor changes to Specific use Permit No. 1357 will not trigger any additional landscaping requirements. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system.

CPC Action: September 26, 2013 Motion: It was moved to recommend approval of an amendment to Specific Use Permit No. 1357 for an open-enrollment charter school, subject to a revised site plan, revised traffic management plan and conditions on property zoned an R-7.5(A) Single Family District on the northwest corner of Bruton Road and McCutcheon Lane. Maker: Lavallaisaa Second: Rodgers Result: Carried: 14 to 0 For:

14 - Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar

Against: Absent: Vacancy: Notices: Replies: Speakers:

Area: For:

0 1 - Davis 0 300 1

Mailed: 49 Against: 0

None

5


Z123-318(WE)

LIST OF OFFICERS Riley Family Faith Academy

Theda Marie Green, President

Ernest Crowley, Member

Charles Oliver, Secretary

Jeanne Campbell, Member

Karen Belknap, Member/Founder

Dr. Alan Seay, Chief Administrative Officer

6


Z123-318(WE)

CPC PROPOSED SUP CONDITIONS

1. USE: The only use authorized by this specific use permit is an openenrollment charter school. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on January 28, 2019, but is eligible for automatic renewal for additional ten-year periods pursuant to Section 51A4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4. PARKING: attached site plan.

Parking must be [provided and] located as shown on the

5. LANDSCAPING: Before the issuance of a certificate of occupancy for an open-enrollment charter school, landscaping must be provided as shown on the attached site plan. Plant materials must be maintained in a healthy, growing condition. 6. HOURS OF OPERATION: The open-enrollment charter school may only operate between 7:00 a.m. and 5:00 p.m., Monday through Saturday. Ingress and egress must be provided in the 7. INGRESS/ EGRESS: location shown on the attached site plan. No other ingress or egress is permitted. 8. CLASSROOMS: The maximum number of classrooms is 26. Classes are limited to kindergarten through [eighth] twelfth grade. 9.

TRAFFIC MANAGEMENT PLAN:

(a) In general. Operation of a public school other than an open-enrollment charter school must comply with the traffic management plan (Exhibit B). (b) Queuing. . Queuing is only permitted inside the Property. Student drop-off and pick-up are not permitted within city rights-of-way.

7


Z123-318(WE)

(c)

Traffic study.

(i) The Property owner or operator shall prepare a traffic study evaluating the sufficiency of the traffic management plan. The initial traffic study was [must be] submitted to the director by November 1, 2009. [After the initial traffic study,] T[t]he Property owner or operator shall submit annual updates of the traffic study to the director by November 1st of each year. (ii) The traffic study must be in writing, performed by a licensed engineer, based on a minimum of four samples taken on different school days at different drop-off and pick-up times over a two-week period, and must contain an analysis of the following: (A)

ingress and egress points;

(B)

queue lengths;

(C) unloading of students;

number and location of personnel assisting with loading and

(D)

drop-off and pick-up locations;

(E)

drop-off and pick-up hours for each grade level;

(F)

hours for each grade level;

(G)

circulation;

(iii) Within 30 days after submission of a traffic study, the director shall determine if the current traffic management plan is sufficient. (A) If the director determines that the current traffic management plan is sufficient, the director shall notify the applicant in writing. (B) If the director determines that the current traffic management plan results in traffic hazards or traffic congestion, the director shall require the Property owner to submit an amended traffic management plan. If the Property owner fails to submit an amended traffic management plan within 30 days, the director shall notify the city plan commission. (d) Amendment process. (i) A traffic management plan may be amended using the minor plan amendment fee and public hearing process in Section 51A-1.105(k)(3) of Chapter 51A fi the Dallas City Code, as amended.

8


Z123-318(WE)

(ii) The city plan commission shall authorize changes in a traffic management plan if the proposed amendments improve queuing or traffic circulation; eliminate traffic hazards; or decrease traffic congestion. 10. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 11. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

9


Z123-318(WE)

PROPOSED SITE PLAN

10


Z123-318(WE)

Riley Family Faith Academy Traffic Management Plan

A Traffic Management Plan (TMP) is important to safely achieve an optimum level of traffic flow and circulation during peak traffic periods associated with student drop-off and pick-up. By properly managing the vehicular traffic generated during the critical periods, the safety and efficiency of other modes of travel – including walking – will also inherently improve, and the operational impact on the public street system should also be minimized. The TMP should not be considered a comprehensive set of instructions to ensure adequate safety; however, it should be used as a tool to facilitate a safer and more efficient environment. The analysis summarized below utilizes the proposed school site plan to evaluate aspects such as passenger loading/unloading and vehicle queuing (i.e., stacking) that occur at the school in order to accommodate the observed peak demands within the site. A concerted effort and full participation by the school administration, staff, students, and parents are encouraged to provide and maintain safe and efficient traffic operations. [NOTE: In this report the term “parents” refers to any parent, family member, or legal guardian who is involved in the pick-up or drop-off of one or more students at the school.] School Operational Characteristics Table 1 summarizes the known operational characteristics for Inspired Vision Middle School assumed in this analysis: Table 1. School Operational Characteristics Enrollment: Daily Start/End Schedule

Approximate Number of Students Travelling by Mode Other Than Drop-off/Pick-up: Approximate Number of Students With Alternate Schedules (i.e., Arrive/Depart Outside of Normal Peak Times):

Existing Conditions

Proposed Conditions

488 Total (Grades K-8th): students All Grades: >Start: 7:45 AM >End: 3:30 PM By School Bus: none By Walking: negligible By Self-Driving: none By Other: negligible Approximately 15% (extracurricular activities, etc.)

Maximum Allowed (Grades K12th): up to 600 students No significant change

By School Bus: none By Walking: negligible By Self-Driving: negligible By Other: negligible Approximately 15% (extracurricular activities, etc.)

NOTE #1: To the highest degree practical, the accounts of “existing conditions” presented in this report were based upon actual on-site observations conducted by DeShazo during typical school day(s) conditions and from personal interviews of school representatives. The analyses and recommendations presented in this report for “proposed“ or “future” conditions were based upon evaluations of “existing conditions” and may be supplemented by DeShazo’s professional judgment and experience. “Proposed”/”Future” conditions are intended to reflect the anticipated day-today conditions at full occupancy.

11


Z123-318(WE)

NOTE #2: Occasional functions or other events may be held at the school, which generate traffic outside of the traditional peak drop-off and pick-up periods. While some of the measures presented in this report may be applicable in such cases, traffic characteristics other than those directly associated with the primary drop-off and pick-up periods are not the subject of this analysis.

Existing Traffic Conditions Site Access and Circulation The subject site currently has three total driveways, and all are on McCutcheon Lane. During the pick-up and drop-off periods, parents driving vehicles to the site at generally enter from “Driveway 1” (northernmost driveway) and “Driveway 2” (middle driveway) and exit from the site at Driveway 2 and “Driveway 3” (southernmost driveway). Once inside the site, pick-up traffic either parks in the available parking spaces on site or circulates through the parking lot aisles. During the morning drop-off period, a similar circulation pattern is used. Passenger Unloading/Loading and Vehicle Queuing During the afternoon pick-up period, Inspired Vision Middle School employs an unmanaged protocol during the pick-up period whereby parents may generally queue or park anywhere it is allowed, and students (once released) find their parents on their own. No mandatory loading area exists, though much of the loading occurs near the building access points. School staff members are typically accessible for general supervision, oversight, and security. Once each vehicle is loaded, it individually proceeds to the site egress. Based upon field observations conducted by DeShazo during typical school-day conditions (on May 13, 2013), the peak number of parent-vehicles on site during the afternoon pick-up period was quantified. Depending upon site-specific conditions, some parents opt to park (on- or off-site) in lieu of enter the vehicle queue – to the degree possible, these vehicles were also included in the vehicle accumulation. Assuming that the number of vehicles generated during the afternoon pick-up period is directly proportional to the number of students enrolled, the peak queue for the future conditions at full occupancy can be estimated. A summary of the peak number of vehicles is provided in Table 2. Table 2. Peak Vehicles In Queue Existing Conditions (Observed) Peak Number of Approximately 104 Parent-Vehicles* * May also include parent-vehicles that were parked on- or off-site.

12

Proposed Conditions (Estimated) Approximately 128


Z123-318(WE)

Recommendations The following recommendations are provided by DeShazo to Inspired Vision Middle School for the management of vehicular traffic generated by the school during peak traffic conditions. [NOTE: Generally, traffic delays and congestion that occurs during the afternoon pick-up period is notably greater than the traffic generated during the morning drop-off period due to the timing and concentration characteristics. In most instances, achieving efficiency during the afternoon period is most critical, while the morning traffic operations require nominal active management. Therefore, except where stated otherwise, the recommendations provided herein pertain specifically to the afternoon period operations.] General To maximize personal safety, any passenger loading (or unloading) within the public right-of-way should be avoided at all times. To minimize liabilities, no persons other than deputized officers of the law should engage or attempt to influence traffic operations in public right-of-way. To the extent possible, all queuing and parking of parent-vehicles should also be accommodated within the school site boundaries. For circumstances where this cannot be avoided, coordination with the City of Dallas staff members responsible for traffic operations in the area should take place so that appropriate traffic control devices can be installed. The full cooperation of all school staff members, students, and parents is crucial for the success of a Traffic Management Plan. Proper training of school staff on the duties and expectations pertaining to the Plan is recommended. Sufficient communications at the beginning of each school term (and otherwise, as needed) with students and parents on their duties and expectations is also recommended. Site Circulation Plan Based upon DeShazoâ&#x20AC;&#x2122;s review of the proposed site conditions and the anticipated needs of traffic during peak conditions, the site traffic circulation plan (based upon the site plan prepared by BSM Engineers, Inc.) depicted in Exhibit 1 is recommended. This plan was designed with the intent of optimizing the on-site vehicular circulation and retention of vehicle queuing in a manner that promotes safety and operational efficiency. The recommended plan provides approximately 2,250 linear feet of on-site vehicular queuing (i.e., storage for up to 101 vehicles @ 22 feet per vehicle), plus approximately thirty (30) available on-site parking spaces. At the potential enrollment increase to 600 students, DeShazo estimates that the number of vehicles in queue at the peak time could reach 128. Under this scenario, the site may be unable to accommodate this magnitude of vehicles on the site simultaneously. In order reduce the peak number of

13


Z123-318(WE)

vehicles in queue, it is recommended that Inspired Vision Middle School implement a staggered release time of no less than 15 minutes. The intent is to distribute the vehicular traffic over a longer period so that the maximum queue will be sufficiently reduced to be fully accommodated within the site. The plan includes recommended configuration of temporary traffic control devices (such as traffic cones, etc.) that shall be installed on a daily basis when typical traffic conditions are expected. An appropriate number of school staff shall be assigned to fulfill the duties of student supervision, traffic control, and other related duties as generally depicted on the plan. Staff directing traffic at the intersecting point of two queue lanes (and other areas, where appropriate) should, in lieu of simple hand gestures, procure and use reversible hand-paddle signs with the messages (and symbols) for STOP and for SLOW (i.e., proceed slowly). Optional additional equipment used by staff may include whistles (for audible warnings) and flashlights (for visual warnings) in order to better-gain the attention of motorists. Summary This TMP is to be used by Inspired Vision Middle School to provide safe and efficient transportation of students, staff, and faculty to and from the site. The Plan was developed with the intent of optimizing safety and efficiency and the goal of accommodating vehicular traffic generated by the school at peak traffic periods within the site. The details of the TMP shall be reviewed by the school on a regular basis to confirm its effectiveness. Recommendation: Implement a staggered release time of no less than 15 minutes that should be managed with the intent of reducing the number of vehicles in the peak queue so that it can be accommodated within the site.

14


Z123-318(WE)

Traffic Management Plan Circulation Map

15


Z123-318(WE)

FAIRHAVEN LN CORDELL DR

~

GREENMOUND AVE

BRUTON RD

::.: S2 ~

BRUTON RD

~~

PAUSADEDR

w w

~

\.?

HUTTIG AVE

~ ~

w

z

8 WATERWOOD LN

fOXWOODLN

VICINITY MAP 1:6,000

16

Case no: _ Date:

___;,;Z::...;1:..=2::..::3~-~3....!.1~8-

7/18/2013


Z123-318(WE)

Single Family

Church

Single Family

Undeveloped Single Family

Child-care & Private school

17


Z123-318(WE)

1

18


Z123-318(WE)

CPC RESPONSES

19


Z123-318(WE)

Notification List of Property Owners Z123-318 49 Property Owners Notified

1 Property Owners in Favor

Reply Label # Address

0 Property Owners Opposed

Owner

1

8501

BRUTON RD

RYLIE FAMILY FAITH ACADEMY INC

2

8432

GREENMOUND AVE

GIL JOSE & SANDRA

3

8438

GREENMOUND AVE

MORENO MARTIN & TERESA

4

8442

GREENMOUND AVE

SCOTT RALPH A

5

8446

GREENMOUND AVE

BROOKS SANDRA E

6

8450

GREENMOUND AVE

RUIZ JOSE GERONIMO LARA &

7

8456

GREENMOUND AVE

GOMEZ JOSE

8

8510

GREENMOUND AVE

RODRIGUEZ PEDRO & TERESA

9

8514

GREENMOUND AVE

MUIR EVERTON D & JULLIAN

10

8518

GREENMOUND AVE

SERRANO J ANGEL &

11

8522

GREENMOUND AVE

MACALUSO FRANK & JOAN

12

8526

GREENMOUND AVE

VERGARA VICENTE

13

2207

TOULON LN

WAGNER GEORGE W JR

14

8505

GREENMOUND AVE

MALDONADO ROBERT

15

8511

GREENMOUND AVE

SURBER ARVINA

16

8517

GREENMOUND AVE

TOVAR MARIA O &

17

8521

GREENMOUND AVE

CLICK DAVID IVEN

18

8525

GREENMOUND AVE

WATKINS TANYA M

19

8606

GREENMOUND AVE

ARIAS ARNOLDO A &

20

8610

GREENMOUND AVE

VILLA MARIA A

21

8616

GREENMOUND AVE

LATTIMORE JAMES E &

22

8620

GREENMOUND AVE

SANDERS WILLIAM &

23

8626

GREENMOUND AVE

AMAYA IRIS

24

8635

BARCLAY ST

CALVILLO MARIA

25

8629

BARCLAY ST

JOHNSON HILDE J

26

8621

BARCLAY ST

GIBBONS GARY A & ANN

20


Z123-318(WE)

9/26/2013

Reply Label # Address

O

Owner

27

8615

BARCLAY ST

BENNETT MARTHA CHRISTINE

28

8605

BARCLAY ST

MERCADO REINA

29

8604

BARCLAY ST

JONES OLEN T

30

8614

BARCLAY ST

SMITH LENNES

31

8620

BARCLAY ST

PRYOR LANARVALL D

32

8628

BARCLAY ST

RAMIREZ ARISTEO

33

8634

BARCLAY ST

GUYNES HELEN EUGENIA

34

8601

BRUTON RD

PEREZ ROGELIO

35

8615

BRUTON RD

HAMILTON ROBERT

36

8621

BRUTON RD

MATA ELIAS N &

37

8627

BRUTON RD

TORRES JOSE C &

38

8633

BRUTON RD

LEVINGSTON MAGGIE &

39

8406

BRUTON RD

MEDINA G MARCO ANTONIO

40

8414

BRUTON RD

MIRELES PAUL & DEBBIE L

41

8422

BRUTON RD

LOREDO REYNALDO &

42

8430

BRUTON RD

MARTINEZ JUAN J & IRMA G

43

8506

BRUTON RD

GOMEZ SILVANO

44

8514

BRUTON RD

DAVIS FAMILY LIVING TRUST

45

8708

BRUTON RD

BENITEZ ARCADIO

46

8610

BRUTON RD

OLGUIN ARMANDO &

47

2059

HOLCOMB RD

GREEN ELIJAH

48

2053

HOLCOMB RD

GUARDIOLA BRENDA A

49

2041

HOLCOMB RD

GARAY LUZ

21


AGENDA ITEM # 71 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

45 V

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a new subdistrict on property zoned Subdistrict 4 within Planned Development District No. 317, the Cedars Area Special Purpose District, and an ordinance granting a Specific Use Permit for a recycle buy-back center on the southeast corner of Wall Street and Corinth Street Recommendation of Staff: Denial Recommendation of CPC: Approval of a new subdistrict, subject revised conditions, and approval of a Specific Use Permit for a period to end January 31, 2015, subject to a site plan and conditions Z123-292(JH)


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-292 (JH)

DATE FILED: May 23, 2013

LOCATION:

Southeast corner of Wall Street and Corinth Street

COUNCIL DISTRICT: 2

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 204

Approx. 2.28 acres

45-V

REPRESENTATIVE:

Santos Martinez, Masterplan

APPLICANT/OWNER:

Susan Benton

REQUEST:

An application to create a new subdistrict on property zoned Subdistrict 4 within Planned Development District No. 317, the Cedars Area Special Purpose District, and a Specific Use Permit for a recycle buy-back center.

SUMMARY:

Planned Development District No. 317 established an end date of January 21, 2013 for operations of certain land uses. The purpose of the request is to allow the existing recycle buy-back center use as a use permitted by Specific Use Permit and continue operation.

CPC RECOMMENDATION:

Approval of a new subdistrict and approval of a Specific Use Permit to expire on January 31, 2015, subject to a site plan and conditions

STAFF RECOMMENDATION:

Denial

1


Z123-292(JH) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends denial based upon: 1. Performance impacts upon surrounding property – The industrial nature of the land use is not compatible with the mixed uses permitted and envisioned in Subdistrict 4 of PDD No. 317. 2. Comprehensive Plan or Area Plan Conformance – The recycling buy-back center and industrial (inside) uses are not permitted uses in Subdistrict 4, which establishes a compliance date for non-conforming uses as a result of the Cedars Area Plan, 2002 and amendment to PDD No. 317 in 2003. Creation of a subdistrict for this sole property is contrary to the recommendations of the Cedars Area Plan. BACKGROUND INFORMATION: •

The request site is developed with a recycle buy-back center use. The business has been in this location approximately 30 years according to the applicant’s representative. The oldest electronic certificate of occupancy shows this business operating since at least 1986 for outside metal collection.

PDD No. 317, the Cedars Area Special Purpose District, was established in 1989. The PD went through an extensive amendment in 2003, at which time subdistricts were adjusted and permitted land uses aligned with the vision of how the subdistricts will develop. Subdistrict 4 is described as the warehouse/residential transition area. It acknowledges the existing warehouse and light industrial uses, but anticipates the subdistrict to transition to a mixed use area containing residential uses.

PDD No. 317 also established a compliance date for non-conforming uses to cease operation on January 21, 2013 or ten years after the use became nonconforming. The request site was subject to the January 21, 2013 compliance date.

The applicant has requested a zoning change to become a conforming use.

Zoning History: There have been no zoning requests in the area within the past five years. Parking/Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that it will not significantly impact the surrounding street system for the proposed development.

2


Z123-292(JH) The attached PD conditions alter the minimum off-street parking for a recycle buy-back center use. Chapter 51A requires one space for every 500 feet of floor area, which would require 60 parking spaces. The business has approximately 15-20 employees and retail customers temporarily park near loading bays to unload materials for buy back. Staff supports a parking ratio of one space for every 1,000 feet of floor area, 30 parking spaces, based on the operational characteristics and amount of floor area used for storage of materials. Thirty off-street parking spaces are shown on the SUP site plan. Thoroughfares/Streets: Thoroughfares/Street Lamar Boulevard Corinth Street

Type

Existing ROW

Principle Arterial

Variable

Minor Arterial

90 feet

STAFF ANALYSIS: Comprehensive Plan: The applicantâ&#x20AC;&#x2122;s request does not comply with the following goals and policies of the Comprehensive Plan. South Lamar Street and Corinth Street are important thoroughfares within the Cedars area. The Cedars area is an extension of downtown. The proposed subdistrict gives the property a land use that was determined to be detrimental to the Cedars, specifically contrary to the planning effort of the Cedars Area Plan, 2002. The neighborhood planning effort in 2002 sought to remedy the creation of new subdistricts that had plagued the Cedars area. LAND USE ELEMENT GOAL 1.1

ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES

Policy 1.1.3 GOAL 1.2

Build a dynamic and expanded Downtown.

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.2

Establish clear and objective standards for land use planning.

NEIGHBORHOOD ELEMENT GOAL 7.1

PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS

Policy 7.1.6

Follow a consistent neighborhood planning framework.

3


Z123-292(JH) The comprehensive plan identifies the Cedars area as an urban mixed use building block on the Vision Illustration. The applicantâ&#x20AC;&#x2122;s request to continue the recycling buyback center use does not promote the vision within this building block. The Urban Mixed-Use Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Examples include Uptown, the City Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or midrise commercial towers to townhomes and small corner shops. Good access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use Building Blocks offer employment and housing options and are important economic growth areas for businesses. People on foot or bike can enjoy interesting storefronts at ground level with benches, public art, on-street parking and wide sidewalks, creating an appealing streetscape. Large parking areas and other auto-oriented land uses are typically located at the edges. Area Plan: The request does not comply with the recommendation of the Cedars Area Plan, January 2002, which identifies that inappropriate land use adjacencies persist throughout the Cedars. The fragmentation of PDD No. 317 in 2002, 16 subdistricts ranging from single properties to several city blocks, did not direct development to be in appropriate areas, was overly complex, and difficult to enforce. Recommendations of the Cedars Area Plan consolidated the industrial and heavy warehouse/distribution uses to the eastern and southern portion of the Cedars. The study envisions the demand for residential and general redevelopment in the Cedars to displace warehouse and heavy commercial businesses. Subdistrict 4 is the Warehouse Residential Transition subdistrict and the area plan advises zoning change applications to consider how Subdistrict 4 should act as a buffer between residential uses and heavier industrial areas (outside of the PD and Subdistrict 5 on the eastern side of the PD). Land Use Compatibility: The attached SUP site plan shows the property is developed with four buildings, mostly paved, and has an area for the storage of containers. The proposed SUP conditions limit the height of the stacking of containers to a maximum of 15 feet. The buildings total approximately 28,000 square feet of floor area. The site plan and SUP conditions limit floor area to a maximum of 30,000 square feet to allow for minimal expansion of the use if the applicantâ&#x20AC;&#x2122;s request is granted. Chapter 51A limits recycle buy-back center uses to a maximum of 10,000 square feet and the proposed PD conditions give exception to this limitation by SUP.

4


Z123-292(JH) The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The surrounding land uses are undeveloped to the north and west, warehouse and office to the east and south, and retail uses to the north. The request site occupies the entire block except for a parking lot in the southeast corner that is a DART employee parking lot. The Cedars Area is developed with a broad range of land uses and a significant amount of undeveloped land. An authorized hearing in 2003 revised PDD No. 317 in order to encourage and capitalize on the potential for mixed-use developments, create pedestrian-friendly amenities to facilitate alternatives means of transportation, and attract dense residential uses to allow people to have short commutes to the central business district. The 2003 revisions consolidated the industrial subdistricts to the east side of the district; the warehouse transition subdistricts are located primarily on the southern portion of the district and along Cesar Chavez Boulevard. The Cedars Area Plan acknowledged the industrial uses in the area are a significant source of employment opportunities in the short term, but the industrial areas will eventually be replaced with uses that are more appropriate for land with proximity to downtown. The applicantâ&#x20AC;&#x2122;s request to create a new subdistrict is contrary to the recommendations in 2002 that revised the subdistrict boundaries and set the compliance date. Fragmented zoning lead to enforcement issues, did not direct development, and allowed incompatible land use adjacencies. There are not development changes in the area that would justify ignoring the recommendations adopted by Council in 2003 and would encourage the chipping away of the plan. It is particularly concerning to create a new subdistrict for one property when this practice was made pre-2003. If the City Council is inclined to support the applicantâ&#x20AC;&#x2122;s request, staff recommends that the use be allowed by Specific Use Permit. The short, one-year time period would allow for frequent review of the operation and determination of compatibility in the event that the surrounding area transitions to more residential and retail mix of uses. For informational purposes, automatic renewal is not an option for this use in Chapter 51A. Staff does not support the provision to specify additional time beyond a two-year period. The applicant collects aluminum and steel cans, household, and industrial metals. Household and industrial metals are also regulated by the Dallas Police Department as secondary metals in accordance with Chapter 40B; aluminum and steel cans are not. The City Plan Commissionâ&#x20AC;&#x2122;s recommended conditions created a new land use that

5


Z123-292(JH) restricts the collection of items other than household and industrial metals to be provided by customers in vehicles or trailers. This condition follows the requirement in Chapter 40B for secondary metals. Development Standards: DISTRICT

Existing PDD 317 Sub 4 Warehouse/residential transition

SETBACKS Front

Side/Rear

Density FAR

Height

Lot Coverage

Special Standards

0

0 or 10’

1.0 FAR

70’

80%

None

Primary Uses

Industrial, wholesale distribution & storage, supporting office & retail

Landscaping: Landscaping is required in accordance with Article X of the Dallas Development Code and PDD No. 317. However, the applicant’s request will not trigger any Article X requirements, as no new construction is proposed on the site.

6


Z123-292(JH) October 24, 2013, CPC Minutes Z123-292(JH)

Planner: Jennifer Hiromoto

Motion: It was moved to recommend approval of the creation of a new subdistrict and a new land use for a recycling center applicable to the Dallas City Code, Chapter 40B (6)(b)(2) in reference to aluminum cans, subject to applicantâ&#x20AC;&#x2122;s revised conditions on property zoned Subdistrict 4 within Planned Development District No. 317, the Cedars Area Special Purpose District, and approval of a Specific Use Permit for a recycling center for a period to end on January 31, 2015, subject to a site plan and applicantâ&#x20AC;&#x2122;s conditions on the southeast corner of Wall Street and Corinth Street. Maker: Soto Second: Bagley Result: Carried: 12 to 0 For:

Against: Absent: Vacancy: Notices: Replies: Speakers:

Area: For:

12 - Anglin, Soto, Rodgers, Shidid, Bagley, Lavallaisaa, Tarpley, Peadon, Murphy, Ridley

Hinojosa, Shellene,

0 3 - Culbreath, Bernbaum, Alcantar 0

500 1

Mailed: 32 Against: 5

For: Santos Martinez, 900 Jackson St., Dallas, TX, 75202 Dallas Cothrum, 900 Jackson St., Dallas, TX, 75202 William Cothrum, 900 Jackson St., Dallas, TX, 75202 Against: None

7


Z123-292(JH) CPC Recommended PD Conditions Staff recommendation is denial. If Council is inclined to support the land use, staff recommends permitting the land use by SUP. ARTICLE 317. PD 317. Cedars Area Special Purpose District SEC. 51P-317.101. LEGISLATIVE HISTORY. PD 317 was established by Ordinance No. 20395, passed by the Dallas City Council on July 26, 1989. Ordinance No. 20395 amended Ordinance Nos. 10962 and 19455, Chapters 51 and 51A of the Dallas City Code, as amended. Subsequently, Ordinance No. 20395 was amended by Ordinance No. 20822, passed by the Dallas City Council on November 28, 1990; Ordinance No. 22003, passed by the Dallas City Council on March 23, 1994; Ordinance No. 23144, passed by the Dallas City Council on May 28, 1997; Ordinance No. 23379, passed by the Dallas City Council on December 10, 1997; Ordinance No. 23470, passed by the Dallas City Council on March 25, 1998; Ordinance No. 23921, passed by the Dallas City Council on June 23, 1999; Ordinance No. 24014, passed by the Dallas City Council on September 8, 1999; Ordinance No. 24017, passed by the Dallas City Council on September 8, 1999; Ordinance No. 24124, passed by the Dallas City Council on December 8, 1999; Ordinance No. 24430, passed by the Dallas City Council on October 25, 2000; and Ordinance No. 24503, passed by the Dallas City Council on January 24, 2001. SEC. 51P-317.102. PROPERTY LOCATION AND SIZE. PD 317 is established on property generally bounded by Interstate Highway 30 on the north, Interstate Highway 45 on the east, the G.C. & S.F. Railroad right-of-way on the south, and the M.K. & T. Railroad right-of-way on the west. The size of PD 317 is approximately 580.328 acres. SEC. 51P-317.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless the context clearly indicates otherwise, in this article: (1) AREA means one of the areas referred to in Section 51P-317.105 of this article. (2) DIR means development impact review pursuant to Division 51A4.800. (2.1) ENHANCED PEDESTRIAN AMENITIES means improvements located in the enhanced pedestrian amenities area that are designed to encourage

8


Z123-292(JH) pedestrian traffic, and that meet all of the standards set forth in Section 51P317.112.1(c). (2.2) ENHANCED PEDESTRIAN AMENITIES AREA means an area used by pedestrians adjacent to a street, and that meets all of the standards set forth in Section 51P-317.112.1(c). (3) LARGE TREE means a tree of a species which normally reaches a height of 30 feet or more upon maturity. (4) OWNER means the owner or owners, from time to time, of property in this district. (5) PARAGRAPH means the first division of a subsection. Paragraphs are designated by arabic numerals in parentheses, e.g. "(1)." (6) PARKWAY means that portion of the street right-of-way located between the street curb and the front lot line. (7) PROJECTED STREET CURB means the future location of the street curb consistent with the city's thoroughfare plan, as determined by the director of public works and transportation. (8) RAR means residential adjacency review pursuant to Division 51A4.800. (#) RECYCLABLE MATERIALS means clothing, aluminum cans, steel cans, glass, paper, plastics, and household and industrial metals (#) RECYCLING CENTER means a facility wholly enclosed within a building used for the collection and temporary storage of recyclable materials. (9) SECTION means a section of this article. (10) SUBPARAGRAPH means the first division of a paragraph. Subparagraphs are designated by capital letters in parentheses, e.g. "(A)." (11) SUBSECTION means the first division of a section. Subsections are designated by lower case letters in parentheses, e.g. "(a)." (12) SUP means specific use permit. (13) THIS DISTRICT means the entire planned development district created by Ordinance No. 20395, as amended. (b) Unless otherwise stated, the definitions contained in Chapter 51A apply to this article. In the event of a conflict, this article controls.

9


Z123-292(JH) (c) Unless otherwise stated, all references to code divisions or sections in this article refer to divisions or sections in Chapter 51A. (d) The provisions of Section 51A-4.702, "Planned Development (PD) District Regulations," relating to site plans, conceptual plans, and development plans do not apply to this district. (e) Section 51A-2.101, "Interpretations," applies to this article. (f) The following rules apply in interpreting the use regulations in this article: (1) The absence of a symbol appearing after a listed use means that the use is permitted by right. (2) The symbol [L] appearing after a listed use means that the use is permitted by right as a limited use only. (3) The symbol [SUP] appearing after a listed use means that the use is permitted by specific use permit only. (4) The symbol [DIR] appearing after a listed use means that a site plan must be submitted and approved in accordance with the requirements of Section 51A4.803. ("DIR" means "development impact review." For more information regarding development impact review generally, see Division 51A-4.800.) (5) The symbol [RAR] appearing after a listed use means that, if the use has a residential adjacency as defined in Section 51A-4.803, a site plan must be submitted and approved in accordance with the requirements of that section. (RAR means residential adjacency review. For more information regarding residential adjacency review generally, see Division 51A-4.800.) (g) For purposes of determining the applicability of regulations in this article and in Chapter 51A triggered by adjacency or proximity to another zoning district, and for purposes of interpreting the DIR and RAR requirements of Division 51A-4.800: (1) this district and each subdistrict within this district except Subdistrict 1 is considered to be a "nonresidential zoning district"; and (2) Subdistrict 1 is considered to be a residential district. SEC. 51P-317.104. IDENTIFICATION.

ZONING

CLASSIFICATION

CHANGE

AND

DISTRICT

Chapters 51 and 51A are amended by changing the zoning classification on the property described in Exhibit A of Ordinance No. 20395 to Planned Development District No. 317, to be known as the Cedars Area Special Purpose District. SEC. 51P-317.105. CREATION OF SEPARATE AREAS. 10


Z123-292(JH)

This district is divided into eight subdistricts: 1, 2, 2A, 3, 3A, 4, 4A, 5, and 6. The boundaries of all areas are verbally described in Exhibit 317A. A map showing the boundaries of the areas is labelled labeled Exhibit 317B. In the event of a conflict, the verbal descriptions in Exhibit 317A control over the graphic description in Exhibit 317B. SEC. 51P-317.106. PRESERVATION INCENTIVES. SEC. 51P-317.107. ADDITIONAL PROVISIONS. The "additional provisions" in Division 51A-4.200 apply to all uses in this district. In addition, the following "additional provision" supplements and is cumulative of the "additional provisions" in that division applicable to the "Commercial radio or television transmitting station" use: A structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum must not be visible from the street. SEC. 51P-317.108. UTILITY OR GOVERNMENT SERVICE CENTER. SEC. 51P-317.109. GROUP HOME OR SHELTER PERMITTED, SUBJECT TO RESTRICTIONS, IN SUBDISTRICT 3. SEC. 51P-317.110. SEAFOOD PROCESSING FACILITY. SEC. 51P-317.110.1. ART OR CRAFT PRODUCTION FACILITY. SEC. 51P-317.110.2. COMMERCIAL ENGRAVING/ETCHING FACILITY. SEC. 51P-317.110.3. RECYCLING CENTER. (a) Receiving recyclable materials. The operator of a recycling buy-back center shall not purchase any recyclable materials from a person who does not deliver the recyclable materials to the recycling buy-back center in a motor vehicle or in a trailer attached to a motor vehicle. (b) Required off-street parking. The minimum off-street parking requirement is one space per 1,000 square feet of floor area. (c) Additional provisions: (i) Mechanical processing of permitted recyclable materials is limited to crushing, bailing, and shredding. (ii) Materials stored at this use must be removed at least once a week or before reaching capacity. The facilities must be maintained in proper repair and the exterior must have a neat and clean appearance. (iii) Floor area. The maximum floor area may be established in the ordinance granting the SUP. 11


Z123-292(JH)

(iv) No more than one recycling use is permitted on a building site. (v) This use must be located at least 1,000 feet from another recycling use. Measurements of distance under this paragraph are taken radially. "Radial" measurement means a measurement taken along the shortest distance between the nearest point of the building sites where recycling uses are located. This use is considered a recycling use for spacing requirements. (vi) The collection of hazardous waste, as defined in Section 51A4.206(1.1), is prohibited. (vii) No SUP for this use may be granted for more than a two-year time period. SEC. 51P-317.111. USE REGULATIONS AND DEVELOPMENT STANDARDS. The following use regulations and development standards apply in the various subdistricts and are summarized in the chart attached as Exhibit 317D. In the event of a conflict, the text in this section controls over the graphic representations and text in Exhibit 317D. (a) Subdistrict 1 (Moderate Density Residential). (b) Subdistrict 2 and 2A (Moderate Density Mixed Use Corridors). (c) Subdistrict 3 (Freeway-oriented High Density Mixed Use). (d) Subdistrict 3A (Transit-oriented High Density Mixed Use). (e) Subdistrict 4 and 4A (Warehouse/Residential Transition). (1) Purpose. To accommodate warehouse and distribution, commercial and business service, retail, and multifamily residential uses; and to encourage transition to a loft-style mixed residential and commercial environment. (2) Main uses permitted. (A) Agricultural uses. None permitted. (B) Commercial and business service uses. -- Building repair and maintenance shop. -- Bus or rail transit vehicle maintenance or storage facility. -- Catering service. -- Custom business services. -- Custom woodworking, furniture construction, or repair. -- Electronics service center.

12


Z123-292(JH) -- Job or lithographic printing. -- Machine or welding shop. -- Machinery, heavy equipment, or truck sales and services. -- Medical or scientific laboratory. -- Technical school. -- Tool or equipment rental. -- Vehicle or engine repair or maintenance. (C) Industrial uses. -- Art or craft production facility. [See Section 51P-317.110.5.] -- Industrial (inside) light manufacturing. -- Temporary concrete or asphalt batching plant. [By special authorization of the building official.] (D) Institutional and community service uses. -- Cemetery or mausoleum. [SUP] -- Child-care facility. -- Church. -- Convent or monastery. -- Hospital. -- Public or private school. [SUP] (E) Lodging uses. -- Hotel or motel. -- Lodging or boarding house. (F) Miscellaneous uses. -- Carnival or circus (temporary). [By special authorization of the building official.] -- Temporary construction or sales office. (G) Office uses. -- Financial institution without drive-in window. -- Financial institution with drive-in window. [DIR] -- Medical clinic or ambulatory surgical center. -- Office. (H) Recreation uses. -- Country club with private membership. -- Private recreation center, club, or area. -- Public park, playground, or golf course. (I) Residential uses. -- Multifamily. (J) Retail and personal service uses. -- Ambulance service. -- Animal shelter or clinic without outside run.

13


Z123-292(JH) -- Auto service center. -- Bar, lounge, or tavern. -- Business school. -- Car wash. -- Commercial amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).] -- Commercial parking lot or garage. -- Dry cleaning or laundry store. -- Furniture store. -- General merchandise or food store 3,500 square feet or less. -- General merchandise or food store greater than 3,500 square feet. -- Home improvement center, lumber, brick, or building materials sales yard. -- Household equipment and appliance repair. -- Liquor store. -- Mortuary, funeral home, or commercial wedding chapel. -- Motor vehicle fueling station. -- Nursery, garden shop, or plant sales. -- Personal service uses. -- Restaurant with drive-in or drive-through service. [DIR] -- Restaurant without drive-in or drive-through service. -- Temporary retail use. -- Theater. -- Vehicle display, sales, and service. (K) Transportation uses. -- Commercial bus station and terminal. -- Heliport. -- Helistop. [SUP] -- Transit passenger shelter. (L) Utility and public service uses. -- Commercial radio or television transmitting station. -- Electrical substation. -- Local utilities. [SUP or RAR may be required. See Section 51A4.212(4).] -- Police or fire station. -- Post office. -- Radio, television, or microwave tower. -- Utility or government service center. [See Section 51P-317.108.] -- Utility or government installation other than listed. [SUP] (M) Wholesale, distribution, and storage uses. -- Auto auction. [SUP] -- Contractorâ&#x20AC;&#x2122;s maintenance yard. -- Mini-warehouse. -- Office showroom/warehouse.

14


Z123-292(JH) -- Outside storage (with visual screening). -- Recycling center. [SUP in Subdistrict 4A only.] -- Recycling collection center. -- Warehouse. (3) Accessory uses. As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (A) The following accessory uses are not permitted in this subdistrict: -- Day home. -- Private stable. (B) In this subdistrict, the following accessory uses are permitted by SUP only: -- Accessory helistop. -- Pedestrian skybridges. (C) In this subdistrict, an SUP may be required for the following accessory use: -- Accessory medical waste/infectious waste incinerator. [See Section 51A-4.217(3.1).] (4) Yard, lot, and space regulations. (Note: The yard, lot, and space regulations in this paragraph must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this paragraph and Division 51A-4.400, Division 51A-4.400 controls.) (A) Front yard. No minimum front yard. (B) Side and rear yard. No side and rear yard is required; however, if a side or rear yard is provided, it must be a minimum of 10 feet. (C) Dwelling unit density. No maximum dwelling unit density. (D) Floor area ratio. Maximum floor area ratio is 1.0. (E) Height. Maximum structure height is 70 feet. (F) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.

15


Z123-292(JH) (G) Lot size. No minimum lot size. (H) Stories. No maximum number of stories. (5) Off-street parking and loading. (A) In general. Except as provided in this article, consult the use regulations (Division 51A-4.200) for the specific off-street parking and loading requirements for each use. Consult the off-street parking and loading regulations (Division 51A-4.300 et seq.) for information regarding off-street parking and loading generally. (B) Tandem parking. For multifamily uses, tandem parking is permitted. (C) Multifamily. One off-street parking space per bedroom per dwelling unit is required; not less than one space or more than two spaces are required for each dwelling unit. (D) On-street parking credit. Required parking for nonresidential and multifamily uses may be reduced by one space for every parking space in the street right-of-way abutting the use. To receive credit, parking spaces must be marked per city regulations and must be approved by the director of public works and transportation. (i) An on-street parking space may not be used to reduce the required parking for more than one use (i.e. it cannot be counted more than once as a space for a use), except that an on-street parking space may be used to reduce the combined total parking requirement of a mixed-use project. (ii) An on-street parking space that is not available to the public at all times of the day may only be counted as a partial parking space in proportion to the amount of time that it is available. For example, a parking space that is available to the public only eight hours per day will be counted as one-third of a parking space (8 รท 24 = one-third). The total of the limited availability parking spaces will be counted to the nearest whole number, with one-half counted as an additional space. (iii) If the director of public works and transportation determines that on-street parking in the street right-of-way abutting the use, approved in accordance with Paragraph (5)(D), has become a traffic hazard and prohibits the onstreet parking, the on-street parking credit will be treated as a delta credit. (E) Pedestrian amenities parking reduction. (i) Parking for uses on a lot that are located within 1,500 feet of a Dallas Area Rapid Transit (DART) light rail station may be reduced by 40 percent if enhanced pedestrian amenities are provided. (ii) To qualify,

16


Z123-292(JH)

(aa) the enhanced pedestrian amenities must be located within the pedestrian amenities area on the lot or on the parkway abutting the lot receiving the reduction, and (bb) the enhanced sidewalk must provide the shortest walking pathway to the DART light rail station. (iii) See Section 51P-317.112.1(c) for enhanced pedestrian amenities regulations. (6) Environmental performance standards. See Article VI. (7) Landscape regulations. Landscaping must be provided on all property in accordance with Article X of Chapter 51A and this paragraph. (A) Nonpermeable coverage. Maximum nonpermeable coverage of a lot is 85 percent. (B) Street trees. The city arborist recommends the list of trees set forth in the street tree subparagraph of the landscaping regulations for Subdistrict 1 as being most suitable for planting in this subdistrict, and the city strongly encourages the use of these trees as street trees. It is the responsibility of the property owner to apply for and obtain a parkway landscape permit before locating street trees in the parkway. For more information regarding the parkway landscape permit requirement, consult Section 51P-317.112 of this article. (8) Additional provisions. All lots must have a sidewalk along the street frontage with a minimum unobstructed width of four feet. (f) Subdistrict 5 (Industrial). (g) Subdistrict 6 (Old City Park Institutional). SEC. 51P-317.112. LANDSCAPING IN THE PARKWAY. SEC. 51P-317.112.1. PEDESTRIAN AMENITIES IN THE PARKWAY. SEC. 51P-317.113. NONCONFORMING USES AND STRUCTURES. (a) The provisions of Section 51A-4.704 relating to nonconforming uses and structures apply to all uses and structures in this district, except as provided in this section. (b) The right to operate a nonconforming use in this district shall automatically terminate on January 21, 2013, or ten years after the date the use became nonconforming, whichever is later.

17


Z123-292(JH) (c) An owner of a nonconforming use in this district may request an extension of the compliance deadline in Subsection (b) by filing an application with the director on a form provided by the city for that purpose. The application must be filed at least 180 days before the deadline in Subsection (b). If a fee is required, the application shall not be considered filed until the fee is paid. Failure to timely file a complete application for extension shall constitute a waiver of the right to contest the reasonableness of the deadline in Subsection (b). (d) Upon the filing of a complete application for extension, the board shall, in accordance with the law, determine whether it is necessary to extend the compliance deadline for the nonconforming use. The board shall consider the factors listed in Section 51A-4.704(a)(1)(D) in determining whether to grant the request for extension. (e) If, based on evidence presented at the public hearing, the board finds that additional time is needed to recoup the owner's actual investment in the use before the use became nonconforming, the board shall grant the request for extension and establish a new compliance deadline consistent with its determination of a reasonable amortization period; otherwise, the board shall deny the request. If the board denies the request, the right to operate the nonconforming use shall automatically terminate on the deadline in Subsection (b), or 30 days after the date of the board's decision to deny, whichever is later. SEC. 51P-317.114. COMPLIANCE.

CERTIFICATE

OF

OCCUPANCY

CONDITIONED

ON

The building official shall not issue a certificate of occupancy for a use on the Property until there has been full compliance with this article and with the construction codes and all other applicable ordinances, rules, and regulations of the city. SEC. 51P-317.115. ZONING MAP. PD 317 is located on Zoning Map Nos. J-7, J-8, K-7, and K-8.

18


Z123-292(JH) Z123-292 CPC Recommended SUP Conditions 1.

USE: The only use authorized by this specific use permit is a recycling center.

2.

SITE PLAN: Use and development of the Property must comply with the attached site plan.

3.

TIME LIMIT: This specific use permit expires on ________(one year from the passage of this ordinance).

4.

FLOOR AREA: A maximum of 30,000 square feet of floor area is permitted for the recycling center for the collection of household and industrial metals.

5.

GATE: The driveway gate adjacent to Lamar Street, as shown on the site plan, must remain open during hours of operations.

6.

HOURS OF OPERATION: The recycling center may only operate between 7:00 a.m. and 7:00 p.m., Monday through Saturday.

7.

INGRESS/ EGRESS: Ingress and egress must be provided as shown on the attached site plan. No other ingress or egress is permitted.

8.

PARKING: A minimum of 30 off-street parking spaces must be provided in the location shown on the attached site plan.

9.

LICENSE: The Operator must obtain a secondary metals recyclers license in accordance with Chapter 40B of the Dallas City Code within 45 days from the passage of this ordinance.

10.

OUTSIDE STORAGE: Outside storage of recyclable material is prohibited. Container storage is limited to the area shown on the site plan with a maximum stacking height of 15 feet.

11.

LOADING AND UNLOADING MATERIAL: Customer loading and unloading of materials to be recycled is limited to the area shown on the attached site plan.

12.

MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance.

13.

GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

19


Z123-292(JH) CPC Recommended SUP Site Plan

20


Z123-292(JH)

0'

~

~

\

J). J).

~

~~

**~'fy-s:>-

<P

S'

1t;.1>o S',>.

/"

VICINITY MAP

Case no: _ _ Z_1_2_3_-2_9_2__

9/5/2013

Date: - - - - - - -

1:7,200

21


Z123-292(JH)

Undeveloped Office

Office/Warehouse

Retail

Undeveloped

22

Warehouse


Z123-292(JH)

AERIAL MAP

Case no:

Date:

1:3,600

23

Z123-292 10/8/2013


Z123-292(JH) CPC Responses

24


Z123-292(JH) 10/29/2013

Notification List of Property Owners Z123-292 32 Property Owners Notified Owner in Favor

5 Property Owners Opposed

Vote Label # Address

1 Property

Owner

1

2107

PARNELL ST

CLAXTON JAMES D

2

1110

CORINTH ST

CLAXTON MARION E

3

2106

LAMAR ST

CLAXTON JAMES D

4

555

2ND AVE

DART

5

1400

PARKER ST

STANDARD FRUIT & VEG CO

6

2200

PARNELL ST

IRON MOUNTAIN RECORDS MGT

7

1101

ALMA ST

IRON MOUNTAIN RECORDS MGT

8

2200

PARNELL ST

DALLAS TERM RY & UN DEPOT

9

1300

CORINTH ST

CCH LAMAR PARTNERS I LP

10

1403

CORINTH ST

Dallas ISD

11

2001

GOULD ST

STAY ON THE MARK LLC

12

1910

WALL ST

CITY INDUSTRIES INC

13

1923

AKARD ST

J T A FACTORS INC

14

1919

AKARD ST

EVERETT KAREN FAY

15

1928

AKARD ST

JLK IRREVOCABLE TRUST &

X

16

1917

GOULD ST

BAKER WILLIAM HURT III

X

17

1922

AKARD ST

HURT OLSON ENTERPRISES LLC

X

18

1922

AKARD ST

HURT OLSON ENTERPRISES

X

19

1914

AKARD ST

HURST OLSON ENTERPRISES L

O X

20

1900

COCKRELL AVE

COMPANY ONE

21

1909

WALL ST

LONCAR FRANK

22

1916

LAMAR ST

COLLINS TONY ART INC

23

1910

LAMAR ST

KEATON R E SR &

24

2011

LAMAR ST

CHUNG CATARINA SOOK

25

1011

CORINTH ST

1011 SOUTH CORINTH I LP

Tuesday, October 29, 2013

25


Z123-292(JH) Vote

Label # Address

Owner

26

2021

COCKRELL AVE

LUIS MARTHA E & JOSE P

27

2121

COCKRELL AVE

SEARS LOGISTICS SVC INC

28

2101

LAMAR ST

JTA FACTORS INC

29

403

REUNION BLVD

DALLAS AREA RAPID TRANSIT

30

1400

CORINTH ST

DALLAS COUNTY COMMUNITY

31

2011

COCKRELL AVE

LEAL DAVID

32

2205

COCKRELL AVE

JTA FACTORS INC

Tuesday, October 29, 2013

26


AGENDA ITEM # 72 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

36 X

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1904 for a Late-hours establishment limited to a restaurant with drive-in or drive-through service on property zoned Planned Development District No. 842 for CR Community Retail District Uses with an MD-1 Modified Delta No. 1 Overlay on the southwest corner of Alta Avenue and Greenville Avenue Recommendation of Staff: Approval for a three-year period, subject to a revised site plan and revised conditions Recommendation of CPC: Approval for a five-year period, subject to a revised site plan and revised conditions Z123-304(RB)


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa O’Donnell

FILE NUMBER:

Z123-304(RB)

DATE FILED: June 7, 2013

LOCATION:

Southwest Corner of Alta Avenue and Greenville Avenue

COUNCIL DISTRICT:

14

MAPSCO: 36 X

SIZE OF REQUEST:

Approx. 30,078 Sq. Ft.

CENSUS TRACT: 10.02

APPLICANT:

Texas Taco Cabana, L.P.

REPRESENTATIVE:

Suzan Kedron

OWNER:

Lowgreen PS

REQUEST:

An application for the renewal of Specific Use Permit No. 1904 for a Late-hours establishment limited to a restaurant with drive-in or drive-through service on property zoned Planned Development District No. 842 for CR Community Retail District Uses with an MD-1 Modified Delta No. 1 Overlay.

SUMMARY:

The applicant is proposing to continue operation of an existing restaurant with drive-in or drive-through service with late hours.

CPC RECOMMENDATION:

Approval for a five-year period, subject to a revised site plan and revised conditions.

STAFF RECOMMENDATION:

Approval for a three-year period, subject to a revised site plan and revised conditions.

DESIGNATED ZONING CASE

1  


Z123-304(RB) Guiding Criteria for Recommendation: Staff recommends approval of this renewal and amendment subject to the revised site and revised conditions based upon: 1. Compatibility with surrounding uses and community facilities – The request is oriented along the Greenville Avenue frontage, consistent with similar retail and personal service uses in the immediate area. No outside operations (i. e., patio areas) face the residential area to the west. Use of outdoor loudspeakers have been operational in the existing condition for twenty years, with no reported complaints from area property owners. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The use possesses similar operational characteristics as expected along the Greenville Avenue frontage. 3. Not a detriment to the public health, safety, or general welfare – The applicant has operated in a responsible manner (five recorded police reports for the hours between 12 midnight and 6:00 a.m. and no TABC violations) since the granting of SUP No. 1904 for this late hours establishment. 4. Conforms in all other respects to all applicable zoning regulations and standards – If this SUP is approved, the subject site will have to conform to all applicable zoning regulations and standards. A valid certificate of occupancy exists and no building, health, or safety code violations have been recorded. 5. Purpose Statement for late-hour establishments as defined in PDD 842 – The purpose of this district is to ensure the compatibility of uses with adjacent residential neighborhoods and to reduce the incidence of crime by discouraging an over-proliferation of regional-serving, late-night venues. BACKGROUND INFORMATION: •

The existing improvements are utilized for a restaurant with drive-in or drive-through service. The applicant has operated at this location since 1993.

The restaurant occupies 3,983 square feet of floor area and possesses a 1,450 square foot uncovered patio located along the site’s Greenville Avenue frontage.

On January 26, 2011, the City Council approved Planned Development District No. 842 for CR District Uses, which requires an SUP for any retail and personal service uses operating between 12 a. m. and 6 a. m.

The applicant is requesting an SUP for late hours to provide for daily operation 24 hours per day. 2 

 


Z123-304(RB)

The site lies within the Area 3 portion of Modified Delta Overlay No. 1.

Zoning History: File No.

Request, Disposition, and Date

1. Z101-261

On August 10, 2011, the City Council approved a Specific Use Permit for a Late-hours establishment limited to a restaurant without drive-in or drive-through service for a five-year period.

2. Z101-311

On September 14, 2011, the City Council approved a Specific Use Permit for a late-hours establishment limited to a commercial amusement (inside) use limited to a billiard hall for a two-year period subject to a site plan and conditions.

3. Z101-260

On September 14, 2011, the City Council approved a Specific Use Permit for a late-hours establishment limited to a restaurant without drive-in or drive-through service for a two-year period subject to a site plan and conditions.

4. Z123-315

Renewal of SUP No. 1912 for a late-hours establishment limited to an alcoholic beverage establishment limited to a bar, lounge, or tavern. On September 23, 2013, the City Plan Commission recommended approval for a three-year period. Pending an October 23, 2013 City Council public hearing.

5. Z123-262

On August 28, 2013, the City Council approved a Specific Use Permit for a late-hours establishment limited to a restaurant without drive-in or drive-through service for a one-year period subject to a site plan and conditions. 3 

 


Z123-304(RB) Street

Existing & Proposed ROW

Greenville Avenue

Local; 50’ ROW

Alta Avenue

Local; 60’ ROW

Traffic: The Engineering Section of the Sustainable Development and Construction Department has reviewed the requested renewal of SUP No. 1904 and determined that it will not impact the surrounding street system. Comprehensive Plan: The request site lies within a Main Street Building Block. Main streets are modeled after the American tradition of “main street” as a place for living, working and shopping. Examples of these streets with concentrations of pedestrian activity include Jefferson Boulevard, Knox-Henderson and Lovers Lane. Main streets, typically no more than a mile long, are active areas with buildings one to four stories in height and usually placed right up to the sidewalk with parking available on-street. Away from the “main street,” density quickly diminishes, thus minimizing impacts on nearby neighborhoods. This Building Block will likely be served by bus or rail and contain safe and pleasant walking environments. Streets have trees and wide sidewalks. There may even be landscaped paths from the “main street” to rear parking areas, sidewalk cafes, outdoor dining areas or courtyards. The primary public investment in these areas will be upgrading streets and walkways to create safe high-quality pedestrian environments. LAND USE ELEMENT GOAL 1.2 Promote desired development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns Area Plans: Studies conducted in the area include the Lower Greenville Avenue Parking Study (1986) that recommended that “the City enforce premise code violations as it does in other parts of the City of Dallas”. Code Enforcement was also an issue highlighted in the Greenville Avenue Urban Design Study (1996-1997). It was recommended that “initiatives be taken to conduct a comprehensive sweep to clean-up the Greenville Avenue corridor and there after enforce codes with the assistance of property owners, residents, businesses and operations to maintain the property and report violations to the City for follow-up action.” Recommendations from both studies are still applicable today and consistent with authorized hearing SUP recommendations to address quality of life for adjacent residential neighborhoods and the Lowest Greenville Avenue corridor, respectively. Land Use: The request site possesses improvements that are utilized for a restaurant; 3,983 square feet of floor area and 1,450 square feet for an uncovered patio that fronts along the site’s Greenville Avenue frontage. The applicant is requesting an 4   


Z123-304(RB) SUP for a late-hours establishment to permit the existing use to operate daily, 24 hours per day. The restaurant has been at this location since 1993. Surface parking serving the use is located on-site. In addition to the mix of retail and entertainment uses located along Greenville Avenue north and south of the site, residential uses (single family and multifamily structures) are found on properties further northwest/west towards Summit Avenue. A vacant office structure abuts the site’s western boundary. There is a medium-density residential component (multifamily dwellings) associated with the mixed use development immediately south of the site. The purpose of PDD No. 842 is to ‘ensure the compatibility of uses with adjacent residential neighborhoods and to reduce the incidence of crime by discouraging an over-proliferation of regional-serving, late-night venues.’ As defined in the PDD, a latehours establishment is any retail or personal service use that operates between 12:00 a.m. and 6:00 a.m., and furthermore requires an SUP for this defined use. Additionally, the City Council adopted a compliance date of September 23, 2011 for any retail and personal service use operating beyond 12:00 a.m. to obtain the required SUP. PDD No. 842 establishes the following criteria for consideration of an SUP for a latehours establishment: (e) Factors to be considered for a specific use permit for a late-hours establishment. The city plan commission and city council shall consider the following factors when making the findings required by Section 51A-4.219(a)(3): (1) the number of citations issued by police to patrons of the establishment (eight, however five of the eight occurred between 12:00 a.m. and 6:00 a.m.); (2) the number of citations issued by police for noise ordinance violations by the establishment (none); (3) the number of arrests for public intoxication or disorderly conduct associated with the establishment (none); (4) the number of Texas Alcoholic Beverage Code violations of the establishment (none); and (5) the number of violent crimes associated with the establishment, with emphasis on violent crimes originating inside the establishment (none). In addition to the regulations of PDD No. 842, the Dallas Development Code establishes general criteria for any use requiring an SUP: 5   


Z123-304(RB)

The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The applicant’s improvements are oriented along the north-south alignment of Greenville Avenue. Platted as a cornerside lot, the property provides access along both Greenville Avenue and Alta Avenue. The speaker box for the drive-through portion of the operation is located along the western façade, with the speaker facing the residential uses further west of the property. The applicant has operated in a responsible manner with minimal reported police activity at the location for the period of approval of SUP No. 1904 through August, 2013 (see Police Activity, below). The applicant has operated in a responsible manner with eight (five between midnight and 6 a.m.) reported offense calls involving police activity at the location for the time period of approval of SUP No. 1904 through August, 2013 (see table, below). With respect to the applicant’s standing with the Texas Alcoholic Beverage Commission, no warnings or violations have been filed for the time period of September 30, 2011 through August, 2013. Based on staff’s analysis, support is being given for the renewal of SUP No. 1904 for a three-year period, subject to a revised site plan and conditions. It should be noted the applicant has requested an alternate time period (see attached conditions). However due to the number of reported offenses between midnight and 6 a. m., combined with the above referenced residential adjacency, staff is supporting an additional year over that initially approved but no automatic renewal provision. Lastly, the site plan is being revised to clarify off-street parking dimensional controls and clarification of safety parking markings connecting the patio area across the drive-through lane, fire lane, and parking area along the southern property line. Parking: The existing restaurant requires one space for each 100 square feet of floor area. All required parking is provided as shown on the attached site plan. Landscaping: The existing development provides for landscaping that complies with Article X as well as enhanced planting areas surrounding the patio. No revisions are proposed nor required with this application. 6   


Z123-304(RB)

Reported offense calls requiring police activity Search Records - Offense Service #

Offense Date

Filter Offense

Bloc k

000099 SUDTELGTE,LEA 01/02/2012 6-Z NN

LOST PROPERTY

0182 7

GREENVILLE AVE

144

1161

4202 0

002397 BARNES, 01/29/2012 8-Z MELLISA

AUTO THEFTUUMV

0182 7

GREENVILLE AVE

144

1161

0717 1

013867 06/03/2013 *TACO CABANA 9-A

FOUND PROPERTY

0182 7

GREENVILLE AVE

144

1161

4302 0

CRIMINAL 015533 06/24/2012 RUSHING, RALPH MISCHIEF/VANDA 7-Z LISM

0182 7

GREENVILLE AVE

144

1161

1403 1

MARTINEZ017123 07/06/2013 RODRIGUEZ, 3-A JACOB

0182 7

GREENVILLE AVE

144

1161

3308 2

018452 LOVISCEK,JOHN, 07/26/2012 ASSAULT 4-Z ROY

0182 7

GREENVILLE AVE

144

1161

0819 1

027085 PEAVY,BRITTANY AGGRAVATED 10/31/2012 0-Z , ASSAULT

0182 7

GREENVILLE AVE

144

1161

0441 1

CRIMINAL 0182 MISCHIEF/VANDAL 7 ISM

GREENVILLE AVE

144

1161

1408 2

Complainant

031661 12/23/2012 *TACO CABANA 2-Z

ACCIDENTAL INJURY - PUBLIC PROPERTY

 

7   

Di r

Street

Be at

Reporting Area

UCR 1

UCR 2


Z123-304(RB) CPC ACTION (October 10, 2013) Z123-304(RB)

Planner: Richard Brown

Motion: It was moved to recommend approval of an amendment to and the renewal of Specific Use Permit No. 1904 for a Late-hours establishment limited to a restaurant with drive-in or drive-through service for a five-year period, subject to a revised site plan and revised conditions on property zoned Planned Development District No. 842 for CR Community Retail District Uses with an MD-1 Modified Delta No. 1 Overlay on the southwest corner of Alta Avenue and Greenville Avenue. Maker: Second: Result:

Ridley Bernbaum Carried: 13 to 0

For: 13 - Anglin, Soto, Rodgers, Culbreath, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar Against: 0 Absent: 1 - Wolfish Vacancy: 1 - District 5 Notices: Replies:

Area: 200 For: 5

Mailed: Against:

40 0

Speakers:

For: Suzan Kedron, 901 Main St., Dallas, TX, 75202 Against: None

8   


Z123-304(RB)

9   


Z123-304(RB)  CPC RECOMMENDED/STAFF RECOMMENDED AMENDING CONDITIONS FOR

SUP NO. 1904

1. USE: The only use authorized by this specific use permit is a late-hours establishment limited to a restaurant with drive-in or drive-through service. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. CPC Recommended: 3. TIME LIMIT: This specific use permit expires on September 30, 2013 (five years). Staff Recommended: 3. TIME LIMIT: This specific use permit expires on September 30, 2013 (three years). 4. CERTIFICATE OF OCCUPANCY: The owner or operator must obtain a certificate of occupancy for a late-hours establishment before operating after 12:00 a.m. (midnight). 5 4. FLOOR AREA: Maximum floor area is 3,983 square feet in the location shown on the attached site plan. 6 5. HOURS OF OPERATION: The late-hours establishment limited to a restaurant with drive-in or drive-through service may only operate between 12:00 a.m. (midnight) and 6:00 a.m. (the next day), Monday through Sunday. 7 6. PARKING: Off-street parking must be provided in accordance with Planned Development District No. 842 and MD-l Modified Delta Overlay NO.1. 8 7.

OUTDOOR PATIO:

A. Maximum land area for the outdoor patio is 1,450 square feet in the location shown on the attached site plan. B.

The outdoor patio must remain uncovered.

9 8. OUTDOOR SPEAKERS: Except for the existing speaker box for use at the menu board located as shown on the site plan, speakers located outdoors are prohibited. 10 9. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 10   


Z123-304(RB) 11 10. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations with the City of Dallas.

11   


Z123-304(RB)

12   

Proposed Site Plan


Z123-304(RB)

13   

Existing Site Plan


Z123-304(RB)

14   


Z123-304(RB)

Retail

Multifamily

Retail Retail, Multifamily

15   


Z123-304(RB) 1

5 4

3

2

16   


Z123-304(RB)

CPC RESPONSES

17   


Z123-304(RB)   10/11/2013 

 

Reply List of Property Owners 

 

Z123-304 

    40  Property Owners Notified  Owners Opposed   

5  Property Owners in Favor 

Reply  Label #  Address 

0  Property

Owner 

 

 

5626 

ALTA AVE 

LATORRE ROBERT INC 

 

 

1827 

GREENVILLE AVE 

LOWGREEN PS 

 

 

1811 

GREENVILLE AVE 

WRPV XI VUE GV DALLAS LP 

 

 

1811 

GREENVILLE AVE 

GREENWAY GREENVILLE LP 

 

 

1802 

GREENVILLE AVE 

VETTER JAMES G JR TR 

 

 

1900 

GREENVILLE AVE 

TRUST REAL ESTATE 

 

 

1904 

GREENVILLE AVE 

GALANIS CHRIS V ETAL 

 

 

1908 

GREENVILLE AVE 

BATM PROPERTIES LP 

 

 

1910 

GREENVILLE AVE 

MORENO RICHARD 

 

10 

1912 

GREENVILLE AVE 

CAMPBELL OLIVER 

 

 

11 

1914 

GREENVILLE AVE 

CHAPLIN JACK ET AL 

 

 

12 

1916 

GREENVILLE AVE 

SHORT STACK LLC 

 

13 

5712 

ORAM ST 

LOWGREEN PS 

 

 

14 

5710 

ORAM ST 

SOURIS MINOS 

 

15 

5619 

ALTA AVE 

THACKER RICHARD E JR 

 

 

16 

5623 

ALTA AVE 

SHIELDS WILLIAM OLIVER 

 

 

17 

5627 

ALTA AVE 

WSVV 

 

 

18 

5631 

ALTA AVE 

WSVV LLC 

 

 

19 

1911 

GREENVILLE AVE 

INTERCITY INVESTMENT PROP 

 

 

20 

1909 

GREENVILLE AVE 

WORLDWIDE FOOD INC 

 

 

21 

1903 

GREENVILLE AVE 

LOWGREEN PS 

 

 

22 

1919 

HOPE WAY 

NGUYEN NGOC DIEP 

 

 

23 

1922 

HOPE WAY 

LEE SHI JIN 

 

 

24 

1917 

HOPE WAY 

KOHL BRIAN T 

 

 

25 

1920 

HOPE WAY 

KUMEKPOR ELI M 

 

 

26 

1918 

HOPE WAY 

TROMBLEY DJANGO 

18   


Z123-304(RB) 10/11/2013 

   

Reply  Label #  Address 

Owner 

 

 

27 

1915 

HOPE WAY 

ALARCON WALDO & YAZMIN R 

 

 

28 

1913 

HOPE WAY 

HERNDON LINDSEY 

 

29 

1916 

HOPE WAY 

VALLOPPILLIL SURESH J 

 

 

30 

1911 

HOPE WAY 

LOWENSTEIN MARK 

 

 

31 

1912 

HOPE WAY 

CRAVENS KIMBERLY A 

 

 

32 

1910 

HOPE WAY 

DANISH DAVID 

 

 

33 

1909 

HOPE WAY 

KEEPMAN MATTHEW 

 

 

34 

1908 

HOPE WAY 

GANDHI ANUPAMA K 

 

 

35 

1907 

HOPE WAY 

BAILEY TERRANCE V 

 

 

36 

1906 

HOPE WAY 

ROSS MICHELLE M 

 

 

37 

5715 

LA VISTA DR 

CATHCART DAVID 

 

 

38 

5713 

LA VISTA DR 

CHIANG THOMAS S & 

 

39 

5711 

LA VISTA DR 

WHITE JULIUS 

   

 

40 

5709 

LA VISTA DR 

SHANE MARIO M & RACHELLE 

19   


AGENDA ITEM # 73 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

1

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

45 S; W; 44 V; Z

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a new Planned Development Subdistrict for multifamily uses on property zoned a Subdistrict A within Planned Development District No. 468, the Oak Cliff Gateway Special Purpose District, on the north side of East Greenbriar Lane and northwest of North Zang Boulevard Recommendation of Staff: Denial Recommendation of CPC: Approval, subject to a development plan and conditions Z123-306(JH)


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa O’Donnell

FILE NUMBER:

Z123-306 (JH)

DATE FILED: June 7, 2013

LOCATION:

North side of East Greenbriar Lane, northwest of North Zang Boulevard

COUNCIL DISTRICT: 1

MAPSCO:

45-S, W, 44-V, Z

SIZE OF REQUEST:

Approx. 3.3 acres

CENSUS TRACT: 20

REPRESENTATIVE:

Audra Buckley

APPLICANT:

Texas Intown Homes, LLC

OWNER:

Southwest Cattlemen’s Corporation

REQUEST:

An application for a new Planned Development Subdistrict for multifamily uses on property zoned a Subdistrict A within Planned Development District No. 468, the Oak Cliff Gateway Special Purpose District.

SUMMARY:

The applicant proposes to construct a multifamily development. The purpose of the request is to relieve development on the property from the maximum front yard setback along Greenbriar Lane and allow multifamily uses without a mixed use project.

STAFF RECOMMENDATION:

Denial

CPC RECOMMENDATION:

Approval, subject to a development plan and conditions

DESIGNATED ZONING CASE

1


Z123-306(JH)

BACKGROUND INFORMATION: â&#x20AC;˘

The request site is currently developed with seven multifamily dwelling units that are owned by metes and bounds. The site was permitted as part of a mixed use development containing multifamily and office uses that complied with PDD No. 468 Subdistrict A in 2007.

â&#x20AC;˘

The applicant proposes to construct the same townhouse-style multifamily development on the remainder of the property without being a mixed use project and with relief from the maximum front yard setbacks. The applicant is a developer who focuses on townhouse-style developments. The property is in a location where mixed uses have not occurred despite the zoning requirement for residential development (creation of new subdistricts and lack of redevelopment). Some relief from the maximum front yard setback is appropriate due to the large sanitary sewer easement that transverses the property.

Zoning History: 1. Z067-203

A pending authorized hearing to determine proper zoning on all of the property zoned PDD No. 468.

2. Z123-101

On January 9, 2013, the City Council approved a new subdistrict for multifamily uses on property zoned a Subdistrict A within Planned Development District No. 468, the Oak Cliff Gateway Special Purpose District.

Thoroughfares/Streets: Thoroughfares/Street

Type

Existing ROW

Greenbriar Lane

Local

78 ft

Dealey Avenue

Local

50 ft

STAFF ANALYSIS: Comprehensive Plan: The request does not comply with the following land use goals and policies of the Comprehensive Plan because the intensity of the development does not meet the recommendations of the Trinity Land Use Plan and expectations for riverfront opportunities that have been encouraged along the levies of the Trinity River. Staff would have preferred to have a higher density project. At the least, staff would have preferred alternate layouts to the townhouse style development that would incorporate urban design and placemaking features that would make the development internally walkable rather than vehicle-centric.

2


Z123-306(JH)

Element LAND USE

ECONOMIC ECONOMIC

NEIGHBORHOOD

Goal 1.1 ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES 2.5 FOSTER A CITY OF GREAT NEIGHBORHOODS 2.5 FOSTER A CITY OF GREAT NEIGHBORHOODS

Policy 1.1.1 Implement the Trinity River Corridor Plan.

2.5.1 Promote strong and distinctive neighborhoods to enhance Dallas’ quality of life. 2.5.2 Ensure that existing and future residential areas are appropriately linked in order to enhance economic development and urban design benefits. 7.1.3 Encourage a sense of community and identity.

7.1 PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS

While the applicant’s proposed development does fit within the Urban Mixed-Use Building Block, staff is concerned that there is not enough density within the applicant’s request to develop the vision of the building block. Element LAND USE

Goal 1.2 PROMOTE DEVELOPMENT

DESIRED

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns.

The Urban Mixed-Use Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or midrise commercial towers to townhomes and small corner shops. Good access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use Building Blocks offer employment and housing options and are important economic growth areas for businesses. People on foot or bike can enjoy interesting storefronts at ground level with benches, public art, on-street parking and wide sidewalks, creating an appealing streetscape. Area Plans: The applicant’s request does not comply with the high density residential and mixed use development vision of the Trinity River Corridor Comprehensive Land Use Plan, 2005, in this area along the levy. The specific area study within the plan calls for mixed-use, high density developments. The Land Use Plan recommends the development and implementation of multi-modal transportation plan to support higher densities. Staff’s evaluation of the proposed development finds that the density and scale is less intense than the “riverfront opportunity” the Trinity River Corridor Comprehensive Land Use Plan recommends.

3


Z123-306(JH) PDD No. 468, the Oak Cliff Gateway Special Purpose District, was created after a land use study was drafted in the mid-1990s; however, it appears that the land use study was never formally adopted by City Council. PDD No. 468 does contain requirements for urban design principles, crime prevention through environmental design (CPTED), build-to frontage requirements that reflect the draft land use study’s vision and recommendation. Subdistrict A in PDD No. 468 promotes mixed-use, high intensity development in these “riverfront opportunities”, while also allowing the existing industrial uses to remain conforming. Land Use Compatibility: The applicant is proposing to construct approximately 60 multifamily dwelling units on the property, which is not allowed by the existing zoning because no mixed use project is proposed and relief from the existing minimum/maximum front yard requirement is sought. The surrounding land uses are multifamily to the south and east, an electrical substation to the north, office and light industrial uses to the northwest. The request site is challenging due to site issues and its location, though some are selfcreated by the previous developer. The request site has a very small portion that is within the floodplain, which will require a fill permit prior to building permits. The development plan also shows a 50’ wide sanitary sewer easement which transverses the entire width of the property near the street frontage and a 20’ wide storm sewer easement that runs south to north on the eastern portion of the property. However, the remaining public utility easements were created by the previous developer and placed the public and private utilities in this location. This makes the continuation of the townhouse-style multifamily development easy, though not necessary. Portions of the public utility easement could be relocated or removed to facilitate an alternate building and driveway layout or a multistory apartment building. The site is located between Zang Boulevard and Beckley Avenue, nearer to Zang Boulevard. The general area does not have favorable connectivity because of the very large block sizes south of Greenbriar and the division of north and southbound Zang Boulevard limit route options. For this reason, staff supports the applicant’s request to remove the mixed use project requirement for multifamily uses. The Dallas Design Studio was consulted at the beginning of the application to brainstorm an approach to improve the development plan, including one meeting with the applicant. The Design Studio created several scenarios where density could be increased to approximately 87 dwellings with a 3- to 4-story apartment building on the easternmost portion with no realignment of the public utility easements. Another scenario produced 75 townhouse-style dwellings with some realignment in the central area of the property. The applicant has rejected most input from staff on urban design, density, and layout. The applicant is agreeing to provide limited urban design elements. Staff is recommending PD conditions for urban design requirements such as individual units on 4


Z123-306(JH) the ground floor that have direct access to the street and driveway, which will enhance pedestrian activity. The applicant’s proposed development plan shows a circular or donut configuration of dwelling units in the center of the property. Staff is concerned with the enclosure of the open space from a public safety aspect as well as its limited potential use and maintenance. The staff recommended an opening of at least 50 feet to be provided to break the donut shape to allow for greater visibility for safety and access. Staff is disappointed in the density and lack of design in the applicant’s proposal. The city has put forth effort in recent years to maximize the development potential along the Trinity River levy, not only in density and development rights, but in improved urban design and placemaking. The applicant’s request is a continuation of the low density residential development that exists along Greenbriar Lane and to some extent down Zang Boulevard. The adjacent property to the west recently changed its zoning, had greater site constraints, but was able to provide a minimum density of 55 dwelling units per acre and most of the staff recommended urban design elements. While the request site has challenges, staff has encouraged and tried to incentivize in the PD conditions at a larger scale and density development that will better meet the expectations of visions of the Trinity River Land Use Study and unofficial Oak Cliff Gateway Land Use Study. Staff does not believe of the applicant’s request achieves the vision the neighborhood and city had for riverfront opportunities. Staff has drafted conditions that are more in keeping with this vision in the event the City Council supports a new subdistrict. Development Standards: SETBACKS Front

Side/Rear

Density FAR

Height

Lot Coverage

Existing PD 468 Subdistrict A Proposed

Min 15’ Max 30’

0

Max 3.1 FAR

270’ 20 stories

80%

PD 468 Subdistrict A3

North: 5’along Dealey Ave South: 5’-15’ for 25% of frontage

5’

Minimum density 60; no max

Min. height 75’ except 38’ for a portion

80%

DISTRICT

Special Standards

Primary Uses

Industrial, retail & personal service; residential only as part of a mixed use project

urban design and architectural requirements

Multifamily

Parking/Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that it will not significantly impact the surrounding street system for the proposed development for automotive traffic. The applicant’s PD conditions show the applicant proposes the ability to provide required parking within the right-of-way and a reduction in parking per dwelling unit. Staff is not either proposal. In contrast to the adjacent subdistrict to the west, which has

5


Z123-306(JH) rights for live-work units along Greenbriar Lane, staff generally does not support required parking in the right-of-way because the right-of-way could be necessary for another public purpose in the future (travel lanes, bike lanes, etc.) and developments should be responsible for meeting requirements on site. Greenbriar Lane is designated as â&#x20AC;&#x153;under studyâ&#x20AC;? on the Bike Plan. Transportation Planning staff are considering this street as an important connection between Zang Boulevard and Beckley Avenue. The exact bike lane facilities and location with the existing pavement has not been determined, however, staff is concerned that by allowing required parking to be provided on-street, it is potential safety conflict with the bike lane facilities. The on-street parking configuration will be an administrative function and will be evaluated with the context of future bike lane facilities. Bicycle access to the Trinity Trail currently has a physical barrier with the sump area, but access to the trails is desirable in the future. Landscaping: Landscaping is required in accordance with Article X.

6


Z123-306(JH) List of Partners/Principals/Officers Southwest Cattlemenâ&#x20AC;&#x2122;s Corporation J. Robert Kelly, President Karla Payne, Vice President and Secretary Richard J. Huck, Vice President Cary Utz, Vice President Rick Bartley, Vice President Jeff Kieffer, Vice President Bob Boehmler, Vice President Scott Kennon, Vice President Robin Miller, Vice President Gina Stone, Vice President Marla England, Vice President and Assistant Secretary Miriam Hopkins, Assistant Secretary Phyllis Shelley, Assistant Secretary Texas Intown Homes, LLC Frank Liu, Manager Helen Ghozali, Manager Ming Liu, Manager

7


Z123-306(JH) CPC Minutes October 10, 2013 Motion: It was moved to recommend approval of a new Planned Development Subdistrict for multifamily uses, subject to a site plan and revised applicantâ&#x20AC;&#x2122;s conditions on property zoned a Subdistrict A within Planned Development District No. 468, the Oak Cliff Gateway Special Purpose District, on the north side of East Greenbriar Lane and northwest of North Zang Boulevard. Maker: Anglin Second: Shellene Result: Carried: 13 to 0 For:

Against: Absent: Vacancy:

13 - Anglin, Soto, Rodgers, Culbreath, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar 0 1 - Wolfish 1 - District 5

Notices: Replies:

Area: For:

500 9

Mailed: 39 Against: 1

Speakers:

For: Audra Buckley, 416 S. Ervay St., Dallas, TX, 75201 Against: None

8


Z123-306(JH) CPC Recommended PD Conditions ARTICLE 468. PD 468. Oak Cliff Gateway Special Purpose District SEC. 51P-468.101.

LEGISLATIVE HISTORY.

PD 468 was established by Ordinance No. 23057, passed by the Dallas City Council on March 12, 1997. Ordinance No. 23057 amended Ordinance No. 19455, Chapter 51A of the Dallas City Code, as amended. Ordinance No. 23057 was amended by Ordinance No. 23868, passed by the Dallas City Council on April 28, 1999, and Ordinance No. 25866, passed by the Dallas City Council on January 26, 2005. SEC. 51P-468.102.

PROPERTY LOCATION AND SIZE.

PD 468 is established on property generally bounded by Interstate 30, the Levee on the east side of the Trinity River, Interstate 35E (South R.L. Thornton Freeway), Jefferson Boulevard, Eighth Street, a line midway between Beckley Avenue and Crawford Street, Neches Street, Bishop Avenue, Colorado Boulevard, and Beckley Avenue. The size of PD 468 is approximately 608.86 acres. SEC. 51P-468.103.

PURPOSE.

This article provides standards specifically tailored to meet the needs of the Oak Cliff Gateway area of the city, which is hereby designated as an area of historical, cultural, and architectural importance and significance to the citizens of the city. The general objectives of these standards are to promote and protect the health, safety, welfare, convenience, and enjoyment of the public, and in part, to achieve the following: (1)

Accommodate the existing mix of uses in the area.

(2)

Protect the internal and adjacent stable residential neighborhoods.

(3) Preserve and enhance the historical, cultural, and architectural significance of the area. (4)

Strengthen the neighborhood identity.

(5)

Create a more desirable pedestrian environment.

SEC. 51P-468.104. (a)

DEFINITIONS AND INTERPRETATIONS.

Unless otherwise stated, the definitions in Chapter 51A apply to this

article. 9


Z123-306(JH)

(b)

Unless the context clearly indicates otherwise, in this article:

(1) ART GALLERY means an establishment where original works of art or limited editions of original works of art are bought, sold, loaned, appraised, or exhibited to the general public. (2) ARTISAN AND SPECIALTY GOODS SHOP means a small scale business that manufactures artisan goods or specialty goods for sale on- or off-premise. This use does not include other uses that are specifically listed in Section 51A-4.200. (3) ART OR CRAFT PRODUCTION FACILITY means a facility for the production of handcrafted art or craft products through processes such as kiln firing, glass blowing, welding, or woodworking and for sale of the products to the general public. (4) BAIL BOND OFFICE means an office for the issuance, brokerage, or procurement of bail bonds, whether as an accessory use or a main use. (5) LIVE/WORK UNIT means an interior space that combines a residential and nonresidential use. A live/work unit is considered a nonresidential use. (6) LUMINOUS REFLECTANCE means the ratio of the amount of total light that is reflected outward by a material to the amount of total light falling on the material. (7) TATTOO OR BODY PIERCING STUDIO means an establishment in which tattooing is performed, or body piercing for the purpose of wearing jewelry in the pierced body part (for any body part other than earlobes) is performed. TATTOOING means the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. (c) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (d)

The following rules apply in interpreting the use regulations in this article:

(1) The absence of a symbol appearing after a listed use means that the use is permitted by right. (2) The symbol [SUP] appearing after a listed use means that the use is permitted by specific use permit only. (3) The symbol [DIR] appearing after a listed use means that a site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803. (“DIR” means “development impact review.” For more information regarding development impact review generally, see Division 51A-4.800.)

10


Z123-306(JH)

(4) The symbol [RAR] appearing after a listed use means that, if the use has a residential adjacency as defined in Section 51A-4.803, a site plan must be submitted and approved in accordance with the requirements of that section. (“RAR” means “residential adjacency review.” For more information regarding residential adjacency review generally, see Division 51A-4.800.) (e) Unless the context clearly indicates otherwise, for purposes of interpreting Chapter 51A, the subdistricts are considered to be residential or nonresidential as indicated: (1)

Subdistrict A - Beckley Industrial Area: nonresidential.

(2)

Subdistrict A-1 - Beckley Residential Area: residential.

(3)

Subdistrict A-2 – Greenbriar Residential Area: residential.

(#)

Subdistrict A-3 – Trinity Townhome Multifamily Residential Area:

(4)

Subdistrict B - Oak Farms Commercial Area: nonresidential.

(5)

Subdistrict C - Lake Cliff Residential Area: residential.

residential.

(6) nonresidential. (7)

Subdistrict

C-1

-

Lake

Cliff

Neighborhood

Service

Area:

Subdistrict D - Founders Park Mixed Area: nonresidential.

(8) Subdistrict D-1, Tracts 1 and 3 - Founders Park Retail: nonresidential; Tract 2 - Founders Park Residential: residential. (9)

Subdistrict D-2 - Founders Park Mixed Area 2: nonresidential.

(10)

Subdistrict E - Hospital Area: nonresidential.

SEC. 51P-468.104.1.

EXHIBITS.

The following exhibits are incorporated into this article: (1)

Exhibit 468A: Subdistrict map.

(2)

Exhibit 468B: Tract 1 and 3 conceptual plan/tract 2 development

(3)

Exhibit 468C: Subdistrict A-1 development plan.

(4)

Exhibit 468D: Subdistrict A-2 conceptual plan.

plan.

11


Z123-306(JH)

(5) SEC. 51P-468.105.

Exhibit 468E: Subdistrict A-3 development plan. CREATION OF SUBDISTRICTS.

(a) This district is to be known as the Oak Cliff Gateway Special Purpose District, and is divided into the following 10 11 subdistricts, as described in Exhibit A of Ordinance No. 23057, as amended, and as shown on the map labelled Exhibit 468A: (1)

Subdistrict A - Beckley Industrial Area.

(2)

Subdistrict A-1 - Beckley Residential Area.

(3)

Subdistrict A-2 – Greenbriar Residential Area.

(#)

Subdistrict A-3 – Trinity Townhome Multifamily Residential Area.

(4)

Subdistrict B - Oak Farms Commercial Area.

(5)

Subdistrict C - Lake Cliff Residential Area.

(6)

Subdistrict C-1 - Lake Cliff Neighborhood Service Area.

(7)

Subdistrict D - Founders Park Mixed Area.

(8) Subdistrict D-1 - Founders Park Retail (Tracts 1 and 3) and Founders Park Residential (Tract 2). (9)

Subdistrict D-2 - Founders Park Mixed Area 2.

(10)

Subdistrict E - Hospital Area.

(b) In the event of a conflict between Exhibit A of Ordinance No. 23057, as amended, and Exhibit 468A, Exhibit A, as amended, controls. (c) out below.

Use regulations and development standards for each subdistrict are set

SEC. 51P-468.106.

GENERAL DEVELOPMENT STANDARDS.

(a) Except as provided in this section, the provisions of Section 51A-4.702, “Planned Development (PD) District Regulations,” relating to the PD pre-application conference, site plan procedure, site analysis, conceptual plan, development plan, development schedule, and amendments to the development plan do not apply to this district. (b) In Subdistrict A-1, development and use of the Property must comply with the Subdistrict A-1 development plan (Exhibit 468C). If there is a conflict between the

12


Z123-306(JH) text of this article and the Subdistrict A-1 development plan, the text of this article controls. (c) In Subdistrict A-1, for development and use of the Property as shown in the Subdistrict A-1 development plan, a preliminary plat is not required to be submitted at the same time that the development plan is submitted. For any other development or use of the Property that deviates from the Subdistrict A-1 development plan, a preliminary plat must be submitted with the development plan. (d) In Subdistrict A-2, development and use of the Property must comply with the Subdistrict A-2 conceptual plan (Exhibit 468D). If there is a conflict between the text of this article and the Subdistrict A-2 conceptual plan, the text of this article controls. A development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this subdistrict. (#) In Subdistrict A-3, for development and use of the Property as shown in the Subdistrict A-3 development plan (Exhibit 468E). In Subdistrict A-3, development and use of the Property must comply with the Subdistrict A-3 development plan (Exhibit 468E). If there is a conflict between the text of this article and the Subdistrict A-3 development plan, the text of this article controls. (e) For Tract 1 in Subdistrict D-1, a development plan that complies with the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan and this article must be approved by the city plan commission prior to the issuance of a building permit to authorize work in Tract 1. If there is a conflict between the text of this article and the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan, the text of this article controls. (f) For Tract 2 in Subdistrict D-1, development and use of the Property must comply with the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan (Exhibit 468B). If there is a conflict between the text of this article and the development plan, the text of this article controls. (g) For Tract 3 in Subdistrict D-1, a development plan that complies with the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan and this article must be approved by the city plan commission prior to the issuance of a building permit to authorize work in Tract 3. If there is a conflict between the text of this article and the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan, the text of this article controls. (h)

The provisions of Section 51A-4.702(h) and (i) apply to Subdistrict D-1.

SEC. 51P-468.107.

SUBDISTRICT A - BECKLEY INDUSTRIAL AREA.

SEC. 51P-468.107.1

SUBDISTRICT A-1 - BECKLEY RESIDENTIAL AREA.

SEC. 51P-468.107.2.

SUBDISTRICT A-2 â&#x20AC;&#x201C; GREENBRIAR RESIDENTIAL AREA.

13


Z123-306(JH) SEC. 51P-468.107.3 RESIDENTIAL AREA. (a)

SUBDISTRICT A-3 â&#x20AC;&#x201C; TRINITY TOWNHOME MULTIFAMILY

Main uses permitted. (1)

Residential uses. --

(2)

Multifamily.

Utility and public service uses. --

Local utilities.

(b) Accessory uses. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (c)

Yard, lot, and space regulations.

(1) Application of subsection. The following yard, lot, and space regulations apply to all properties within Subdistrict A-3. (2) In general. The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. In the event of a conflict between this section and Division 51A-4.400, this subsection controls.) (3)

Front yard.

(A) Area north of sewer easement. Minimum front yard of five feet is required along Dealey Avenue. (B) Area South of sewer easement. Minimum front yard is 5 feet. Maximum front yard setback for 25 percent of the Greenbriar Lane frontage is 15 feet. Frontage for this requirement is limited to the linear distance of the property along Greenbriar Lane (C) A building that meets the minimum frontage requirement must be permitted in area south of the sewer easement before the issuance of a permit to construct a building north of the sewer easement. (D)

Urban form. No urban form setback is required.

(E) Encroachments. For residential uses, stoops and stairs may encroach up to five feet into the required Greenbriar Lane minimum front yard setback south of the sewer easement.

14


Z123-306(JH) (4)

Side and rear yard. No minimum side or rear yard.

(5)

Density. Minimum density is 60 dwelling units.

No maximum

density. (6) Height. Maximum height is 75 feet except in the area shown on the development plan is limited to a maximum height of 38 feet. (7) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (8)

Lot size. No minimum lot size.

Staff recommended (9) Central open space. One opening of a minimum 50 feet spacing between buildings and a minimum 8 foot sidewalk connecting to the open space from the driveway must be provided to allow access to the open space in the central area of the property and safe use of the open space. CPC Recommended (9) Central open space. One opening of a minimum 50 feet spacing between buildings and a minimum 8 foot sidewalk connecting to the open space from the driveway must be provided to allow access to the open space in the central area of the property and safe use of the open space. (d)

Off-street parking and loading.

(1) Except as provided, consult the use regulations contained in Division 51A-4.200 for the specific off-street parking/loading requirements for each use. (2)

Assigned parking for multifamily dwelling units may be tandem

parking.

15


Z123-306(JH) Staff recommended (2) For a multifamily use, a minimum of 1.75 off-street parking spaces per dwelling unit must be provided. Of the minimum requirement, a minimum of 0.25 spaces must be available and unassigned for guest parking and may be located within the adjacent public right-of-way. CPC Recommended (2) For a multifamily use, a minimum of 1.75 off-street parking spaces per dwelling unit must be provided. Of the minimum requirement, a minimum of 0.25 spaces must be available and unassigned for guest parking and may be located within the adjacent public right-of-way. (e)

Environmental performance standards. See Article VI.

(f)

Landscaping. (1)

Landscaping must be provided in accordance with Article X.

(2)

All plant materials must be maintained in a healthy, growing

condition. (g) Signs. Signs must comply with the provisions for non-business zoning districts in Article VII. (i)

Urban design guidelines.

(1) Purpose. The purpose of these urban design guidelines is to enhance the pedestrian environment by increasing safety measures and providing amenities; preserve the historic character of Old Oak Cliff; and enhance the safety factors for heavily traveled major thoroughfares. (2) For the purpose of the urban design guidelines, internal driveways are considered a street. (3) Urban design guidelines do not apply to dwelling units constructed prior to January 1, 2013.

16


Z123-306(JH) (4)

Street-facing facades.

Staff recommended (A) A minimum of 80 percent of the street-facing, ground floor dwelling units must have individual entries that access the street and must have an improved path connecting to the sidewalk. All units facing Greenbriar Lane must satisfy this paragraph. (B) Garage doors must be recessed a minimum of 5 feet from an individual entrance, unenclosed porch, or stoop in order for the individual entrance to be visually prominent over the garage entry CPC Recommended (A) A minimum of 80 percent of the street-facing facades of the ground floor dwelling units must have individual entries that access the street and must have an improved path connecting to the sidewalk. All units facing Greenbriar Lane and south of the sanitary sewer easement must satisfy this paragraph. (B) A minimum of 30 percent of the facades of the units facing Greenbriar Lane must have ground-story transparency. (C) (4)

Dumpsters are prohibited.

Architectural elements.

(A) To break up long walls, building articulation of a minimum depth of one foot is required for every 50 feet of length of a street facing faรงade. (B) A minimum of two different facade materials or colors is required on each street-facing facade. (5) Exterior parking structure facades are those facades on a multistory aboveground parking structure. The exterior parking structure facade must be constructed in a way so that it is similar in materials, architecture, and appearance to the facade of the main structure. Breaks in the exterior parking structure facade not exceeding 40 feet in width are permitted at driveway and entryway locations. Openings in the exterior parking structure facade may not exceed 60 percent of the total parking structure facade area. An aboveground exterior parking structure facade must provide solid screening of a minimum 42 inches from the floor level within the parking structure to screen vehicles and vehicle headlights. Openings must be screened with architectural grill work or other decorative visual screening materials that provide ventilation, minimize glare, and minimize noise. This paragraph does not apply to garages attached to individual dwelling units. (6)

Pedestrian amenities.

(A) Pedestrian scale lighting must be provided at an average of one lighting fixture per 75 feet of Greenbriar Lane street frontage. 17


Z123-306(JH)

(B) A minimum sidewalk width of 8 feet must be provided along Greenbriar Lane with a minimum unobstructed width of 5 feet. Trees and tree grates are sidewalk obstructions. Internal sidewalks along the driveway must be a minimum of 3 feet. (C) Pedestrian crossings at driveways that connect to Greenbriar Lane must be distinguished by a change in surface materials such as pavers or patterned concrete. Pedestrian crossings may not be distinguished by paint alone. (7) CPTED review. Compliance with Crime Prevention Through Environmental Design (CPTED) review standards is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (9) Fencing. The following fence standards apply when the property contains more than seven dwelling units and non-conforming fencing must be removed except for any fencing immediately around the dwelling units constructed prior to January 1, 2013. (A) Fencing between a street-facing facade and the street or driveway is limited to a maximum height of four feet. (B) Fencing between a street-facing facade and the street or driveway that is not used for an individual private yard must provide one pedestrian gate for every 150 feet of fence length. (C) Individual entries, and private yards or patios may be gated and fenced if the fencing is a minimum of 70 percent open, such as wrought iron, and a maximum height of four feet. (D)

Vehicular gates may be six feet tall if a setback of 15 feet is

provided. (h)

Additional provisions.

(1) Property in this subdistrict must be properly maintained in a state of good repair and neat appearance. (2) Development and use of property in this subdistrict must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P-468.108.

SUBDISTRICT B - OAK FARMS COMMERCIAL AREA.

SEC. 51P-468.109.

SUBDISTRICT C - LAKE CLIFF RESIDENTIAL AREA.

18


Z123-306(JH) SEC. 51P-468.110.

SUBDISTRICT C-1 - LAKE CLIFF NEIGHBORHOOD SERVICE AREA.

SEC. 51P-468.111.

SUBDISTRICTS D AND D-2 - FOUNDERS PARK MIXED AREA AND FOUNDERS PARK MIXED AREA 2.

SEC. 51P-468.112.

SUBDISTRICT D-1 - FOUNDERS PARK RETAIL (TRACTS 1 AND 3) AND FOUNDERS PARK RESIDENTIAL (TRACT 2).

SEC. 51P-468.113.

SUBDISTRICT E - HOSPITAL AREA.

SEC. 51P-468.114.

PAVING.

All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. SEC. 51P-468.115.

COMPLIANCE WITH CONDITIONS.

The building official shall not issue a building permit or certificate of occupancy for a use in this PD until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city.

19


Z123-306(JH) CPC Recommended Development Plan

20


Z123-306(JH)

E TILDEN ST

E OAKENWALD ST

Oak Cliff Fouudcrs

E COLORADO BLVD

E COLORAoo BLVD

w

~

°'

i z

Lake Cliff

®

VICINITY MAP

Case no: Date:

1:6,000

21

Z123-306 9/5/2013


Z123-306(JH)

Trinity River / park

Office/ light industrial

Electrical substation

Multifamily under construction Single family Multifamily

22


Z123-306(JH)

1

2

23


Z123-306(JH)

MORGAN AVE

2

1 JULIAN ST

19 0

TILDEN

sr

20 0

~

18

~

~'-------------'

Q.

_j

ADDISON ST

w

~ ~

w

.... ~ z j

0

___3_'9___ Propert y Owners Notified (46 parcels) _ _ _9___ Replies in favor (9 parcels) _ ____.;;1_ _ _ Replies in Opposition (1 parcels)

Z123-306

CPC

Area of Notification 10/10/2013 Date

_ _.::..5.::..00::...._'_ _

1:3,600

24


Z123-306(JH) 10/11/2013

Reply List of Property Owners Z123-306 39 Property Owners Notified Owners Opposed

9 Property Owners in Favor

Reply Label # Address

O

1 Property

Owner

1

323

GREENBRIAR LN

VERDE GREENBRIAR APT LP

2

501

DEALEY ST

CITY & COUNTY LEVEE

3

381

GREENBRIAR LN

SOUTHWEST CATTLEMEN S CORPORATION

4

381

GREENBRIAR LN

DATLA UMA &

5

381

GREENBRIAR LN

AGRAWAL SURESH C

6

381

GREENBRIAR LN

GITOMER JASA JAY

7

381

GREENBRIAR LN

GREGORY JOSEPH R &

8

381

GREENBRIAR LN

CHITWOOD JENNIFER N & MARK

9

381

GREENBRIAR LN

TAYLOR KEITH

10

381

GREENBRIAR LN

GRAFF TROY JAMES

O

11

401

TRINITY RIVER CIR

HAWKES ELLIOTT W &

X

12

409

TRINITY RIVER CIR

MASHBURN JAY H &

O

13

413

TRINITY RIVER CIR

RAINES DON JR & ELIZABETH

O

14

415

TRINITY RIVER CIR

ROBINSON JOE A &

15

301

GREENBRIAR LN

BANKS BRYAN F

16

317

DEALEY ST

TEXAS UTILITIES ELEC CO

17

431

GREENBRIAR LN

BEEMAN SUZANNE S

18

1016

LANCASTER AVE

SOUTHERN FOODS GROUP LP

O

19

1520

BECKLEY AVE

KESSLER PEAK LTD PS

O

20

1401

ZANG BLVD

FOUNDERS PEAK LTD PS

21

419

TRINITY RIVER CIR

PETERSEN ERIKA A

22

423

TRINITY RIVER CIR

BUTTS JAMES W

23

425

TRINITY RIVER CIR

KOSTECKI NICOLE L

24

427

TRINITY RIVER CIR

MORENO LORENZO

25

429

TRINITY RIVER CIR

DIFRONZO RALPH

26

431

TRINITY RIVER CIR

CHEUNG BRIAN D

25


Z123-306(JH) 10/11/2013

Reply Label # Address O

O

O

Owner

27

433

TRINITY RIVER CIR

CONOVALOFF TANYA JO &

28

435

TRINITY RIVER CIR

KAZANAS DEAN S &

29

437

TRINITY RIVER CIR

BRAKEY BUD ARVIN JR

30

441

TRINITY RIVER CIR

BARBER BURT B &

31

445

TRINITY RIVER CIR

LOVITT MIKE &

32

432

TRINITY RIVER CIR

OBRIEN MICHAEL C

33

446

TRINITY RIVER CIR

JACKSON STEVEN FRANCIS &

34

443

GREENBRIAR LN

PHAM DANH

35

439

GREENBRIAR LN

WATKINS MICHAEL &

36

402

TRINITY RIVER CIR

BLANCHARD AIMEE NOELLE

37

406

TRINITY RIVER CIR

BURROUGHS CODY B &

38

426

TRINITY RIVER CIR

VOSS BENJAMIN

39

408

TRINITY RIVER CIR

BROWN MANDISA P

26


AGENDA ITEM # 74 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

45 Q; R

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a new Subdistrict in Planned Development District No. 357, the Farmers Market Special Purpose District generally bounded by Marilla Street, South Cesar Chavez Boulevard, East R.L. Thornton Freeway and South Harwood Street Recommendation of Staff and CPC: Approval, subject to conditions Z123-317(WE)


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-317(WE)

DATE FILED: June 19, 2012

LOCATION:

Generally bounded by Marilla Street, South Cesar Chavez Boulevard, East R.L. Thornton Freeway and South Harwood Street

COUNCIL DISTRICT:

2

MAPSCO:

SIZE OF REQUEST:

Approx. 15.03 acres

CENSUS TRACT: 204

45-Q, R

APPLICANT:

DFM Developer, LTD

OWNER:

City of Dallas

REPRESENTATIVE:

Kirk Williams & Tommy Mann Winstead PC

REQUEST:

An application for the creation of a new Subdistrict in Planned Development District No. 357, the Farmers Market Special Purpose District.

SUMMARY:

The purpose of this request is to create a new subdistrict with the existing Planned Development District No. 317, the Farmers Market, to implement the City approved redevelopment plan for the farmers market. The proposed amendment permits an increase in the allowable lot coverage from 85 percent to 100 percent. The proposal includes remodeling two of the sheds and redeveloping the remainder of the site with a mixed use development that will include additional retail and recreation uses and at least 240 dwelling units on the site.

CPC RECOMMENDATION:

Approval, subject to conditions

STAFF RECOMMENDATION:

Approval, subject to conditions

DESIGNATED ZONING CASE

1


Z123-317(WE)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – The type of uses proposed for the mixed use development will promote a vibrant urban, walkable pedestrian community that is envisioned by the forward Dallas! Comprehensive Plan and the Downtown 360 Plan. 2. Traffic impact – The Engineering Section of the Department of Sustainable development and Constructions has determined that the request will not have a negative impact on the street system. 3. Comprehensive Plan or Area Plan Conformance – The proposed request is in compliance with the forwardDallas! Comprehensive Plan and the Downtown 360 Area Plan. 4. Justification for PD Planned Development District Zoning as opposed to a straight zoning district – The request for the creation of a new Planned Development is justified because of the proposed amendment to the SPSD regulations. The applicant will be submitting an application to amend the SPSD regulation for the new Subdistrict as well as meet the requirements that were established by the City Council for signage to rebrand the Framers Market.

BACKGROUND INFORMATION: •

In May 1998, the City Council approved an Ordinance establishing a Tax Increment Financing Reinvestment Zone Number 6 (Farmers Market TIF District) to promote development in the Dallas Farmers Market Area.

In January, 2013, the Farmers Market TIF District Board of Directors approved an amendment to the Project and Reinvestment Zone Financing Plan for the Farmers Market TIF District to: 1) increase the geographic area of the Farmers Market TIF District, 2) extend the term of the Farmers Market TIF District, 3) increase the total Farmers Market TIF District budget, 4) decrease the percentage of tax increment contributed by the City of Dallas and 5) allow direct sales to implement the plan.

In February 2013, the City Council approved a resolution authorizing a Master Agreement for the Redevelopment of the Dallas Farmers Market with a developer which outlined a redevelopment plan for the Dallas Farmers Market as well as the signage.

The creation of the new Subdistrict within Planned Development District is twofold: 1) to modify the lot coverage from 85 percent to 100 percent and 2) allow for amendments to the Special Provision Sign District (SPSD) regulations. A separate application will be submitted by the applicant to amend the SPSD regulations. This 2


Z123-317(WE)

application is intended to create a new subdistrict and change the lot coverage within the new subdistrict of PDD No. 317. •

On October 25, 2013, a Peer Review Panel will review and comment on the applicant’s proposed redevelopment plans for the Farmers Market. The Peer Review Panel consists of a Panel from the Design Team.

The surrounding land uses consist of various warehouse, nursery, garden shop or plant sales, multifamily and townhouse uses.

Zoning History: There has been one recent zoning case requested in the area. 1.

Z101-247

On August 24, 2011, the City Council approved the creation of a new subdistrict within Planned Development District No. 357, the Farmer’s Market Special Purpose District generally bounded by Young Street, S. Pearl Expressway, S. Ceasar Chavez Boulevard, and Marilla Street.

Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Proposed ROW

Marilla Street South Cesar Chavez Boulevard East R.L. Thornton Freeway South Harwood Street

Local Principal Arterial

100 ft. variable lane widths variable lane widths 55 ft.

100 ft. variable lane widths variable lane widths 55 ft.

Collector

Land Use:

Site North South East West

Zoning PDD No. 357 PDD No. 357, Subdistrict 10 PDD No. 317, Subdistrict 2 PDD No. 357, Subdistrict 7 PDD No. 357, Subdistrict 2

3

Land Use Office, Farmers Market Nursery, garden shop or plant sales, Townhouses R.L. Thornton Freeway Multifamily Warehouses


Z123-317(WE)

COMPREHENSIVE PLAN: The fowardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The fowardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicantâ&#x20AC;&#x2122;s request. The Plan identifies the request site being within the Downtown Building Block. The Downtown is a centrally located hub that provides high intensity, concentrated regional job and commercial activity supported by high-density housing. A Downtown includes pedestrian-oriented and mixed-use development and offers multiple transportation options. Ground floors of tall buildings feature shops with many windows for visual interest and safety while the streetscape incorporates trees for shade, wide sidewalks and easy-to-use signs for finding points of interest. Civic and open spaces provide an inviting atmosphere for pedestrians as well as a diversity of uses, generating activity throughout the day and evening. The Downtown Building Block is an important transit hub for commuter rail, light rail, bus and local systems. This area warrants significant public investment to sustain itself as the signature address in the North Central Texas region and to continually reinvent itself to maintain its competitive advantage. LAND USE: GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. GOAL 2.3

BUILD A DYNAMIC AND EXPANDED DOWNTOWN

Supporting the development of an interconnected, thriving urban area that includes residential, office and retail space throughout the central city will encourage the revival of Downtown Dallas. GOAL 3.1 SUPPLY

ENSURE A SUSTAINABLE AND EFFICIENT LONG-RANGE HOUSING

Policy 3.1.2 Encourage alternatives to single-family housing developments for homeownership. URBAN DESIGN GOAL 5.1

PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY

Policy 5.1.1 Promote pedestrian-friendly streetscapes.

4


Z123-317(WE)

AREA PLAN: In 2011, the City Council approved the Dallas 360 Plan, which envisioned the development of a mix of townhouses and low-rise multifamily and condominiums that limited ground floor retail and personal service uses the downtown area. STAFF ANALYSIS: Land Use Compatibility: The 15.03 acre site is developed as a Farmers Market in downtown area of the City of Dallas. The surrounding land uses consist of various warehouse, nursery, garden shop or plant sales, multifamily and townhouse uses. In February 2013, the City Council approved a resolution authorizing a Master Agreement for the Redevelopment of the Dallas Farmers Market with a developer which outlined a redevelopment plan for the Dallas Farmers Market as well as the signage. The applicant’s request for a creation of a new Subdistrict within Planned Development District No. 317, the Farmers Market Special Purpose District, is twofold: 1) to permit an increase in the allowable development rights of the lot coverage from 85 percent to 100 percent and 2) allow for amendments to the Special Provision Sign District (SPSD) regulations. A separate application will be submitted by the applicant to amend the SPSD regulations. This application is intended to create a new subdistrict and change the lot coverage within the new subdistrict of PDD No. 317. The type of uses the applicant proposes to develop on site is permitted by right in the PDD No. 317. However, due to the redevelopment opportunity the proposed mixed use development will create for the downtown area and Farmers Market, the City of Dallas and developer have agreed, through the amendment of the “Master Agreement for the Redevelopment of the Dallas Farmers Market, to redevelop the 15.03 acre site. The proposed development will consist of the renovation of an existing structure that will be used by the local farmers, development of various restaurants and specialty retail uses, construction of approximately 240 multifamily units with ground floor retail and the development of a community garden and futsal fields. The proposed mixed use development is in compliance with the vision of the Downtown 360 Plan. In April, 2011, the City Council approved the Plan to encourage and guide development in the center city. The proposed development focuses on the type of development envisioned for this area as it provides for addition housing and recreational activities in the urban core of downtown area. Staff’s recommendation is for approval of the applicant’s request for the creation of a new Subdistrict within PDD No. 317, the Farmers Market Special Purpose District, subject to staff’s recommended conditions.

5


Z123-317(WE)

Development Standards: SETBACKS

DISTRICT

Front

PDD No. 357 - existing

0’

PDD No. 357 Proposed

0’

Side/Rear 5/10’ – duplexes No min. all other areas 5/10’ – duplexes No min. all other areas

Density

Height

Lot Coverage

Special Standards

20 FAR

Any legal height

Avg. 85%

Multifamily, duplex, single family, Retail and personal service, Warehouses

20 FAR

Any legal height

100%

Multifamily, duplex, single family, Retail and personal service, Warehouses

PRIMARY Uses

Landscaping: Landscaping must be in accordance with the landscaping requirements in Planned Development District No. 357, the Farmers Market Special Purpose District. Traffic: The Engineering Section of the Department Sustainable Development and Construction has reviewed the request and determined that it will not impact the surrounding street system for the proposed development. CPC Action (October 24, 2013) Motion: It was moved to recommend approval of the creation of a new Subdistrict, subject to conditions in Planned Development District No. 357, the Farmers Market Special Purpose District generally bounded by Marilla Street, South Cesar Chavez Boulevard, East R.L. Thornton Freeway and South Harwood Street. Maker: Soto Second: Shellene Result: Carried: 12 to 0 For:

Against: Absent: Vacancy: Notices: Replies:

Area: For:

Speakers: Against: None

12 - Anglin, Soto, Rodgers, Shidid, Bagley, Lavallaisaa, Tarpley, Peadon, Murphy, Ridley

Hinojosa, Shellene,

0 3 - Culbreath, Bernbaum, Alcantar 0

500 8

Mailed: 124 Against: 0

For: Tommy Mann, 500 Winstead Bldg., Dallas, TX, 75270

6


Z123-317(WE)

LIST OF OFFICERS DFM Developer, LTD

General Partner

DFM GP, LLC

â&#x20AC;˘

President

Brian Bergersen

7


Z123-317(WE)

CPC PROPOSED PDD CONDITIONS ARTICLE 357. PD 357. Farmers Market Special Purpose District SEC. 51P-357.101. LEGISLATIVE HISTORY. PD 357 was established by Ordinance No. 22097, passed by the Dallas City Council on June 22, 1994. Ordinance No. 22097 amended Ordinance No. 19455, amended Ordinance No. 28341, Chapter 51A of the Dallas City Code, as amended. SEC. 51P-357.102. PROPERTY LOCATION AND SIZE. PD 357 is established on property generally bounded by the center lines of East R.L. Thornton Freeway (I-30), St. Paul Street, Young Street, Park Avenue, Wood Street, Harwood Street, Commerce Street, and I-345. The size of PD 357 is approximately 172.5 acres. SEC. 51P-357.103. PURPOSE. This article provides standards specifically tailored to meet the needs of the Farmers Market area of the city, which is hereby designated as an area of cultural importance and significance to the citizens of the city. The general objectives of these standards are to promote and protect the health, safety, welfare, convenience, and enjoyment of the public, and, in part, to achieve the following: (1) To achieve buildings more urban in form. (2) To promote and protect an attractive street level pedestrian environment by encouraging the development of structures along entire blockfaces with continuous activities. (3) To promote development appropriate to the character of nearby neighborhood uses by imposing standards sensitive to scale and adjacency issues. (4) To use existing zoned development densities as a base from which to plan, while providing bonuses to encourage residential development in commercial areas. (5) To encourage and protect the quantity and quality of residential uses. (6) To promote landscape/streetscape quality and appearance.

8


Z123-317(WE)

(7) To aid the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, groundwater recharge, and storm water runoff retardation, while at the same time aiding in noise, glare, and heat abatement. (8) To provide visual buffering and enhance the beautification of the city. (9) To safeguard and enhance property values and to protect public and private investment. (10) To conserve energy. (11) To discourage changes that fail to comply with the overall objectives of the Farmers Market concept approved by the Dallas City Council on August 14, 1991. SEC. 51P-357.104. DEFINITIONS AND INTERPRETATIONS. (a) Definitions. (1) Unless otherwise stated, the definitions contained in Chapter 51A apply to this article. (2) Unless the context clearly indicates otherwise, in this article: (A) CANOPY TREE means a species of tree that normally bears crown foliage no lower than six feet above ground level upon maturity. (B) COLORED CONCRETE means concrete with one or more pigments added to it. (C) DISTRICT means the property defined in Section 5 of Ordinance No. 22097. (D) MAJOR MODIFICATION means modifications to an original building within a one-year period where the value of the modifications as stated on applications for building permits exceeds 50 percent of the building's assessed value as determined by the Dallas Central Appraisal District. (E) NEW CONSTRUCTION means construction of a structure that is not an original building. (F) OPENING means a door, window, passageway, or any other feature through which light or solid objects may pass. (G) ORIGINAL BUILDING means a building constructed on or before June 22, 1994. (H) PARKWAY means the portion of a right-of-way located between the street curb and the property line of an adjoining lot. 9


Z123-317(WE)

(I) REFLECTIVE GLASS means glass with exterior visible reflectance percentages in excess of 27 percent. Visible reflectance is the percentage of available visible light energy reflected away from the exterior surface of the glass. (The higher the percentage, the more visible light reflected and the more mirror-like the surface will appear.) (J) RETAIL USE means any use listed in Section 51P-357.108(b)(8) of this article. (K) SCREENING means a visual barrier provided by using one of the following methods: (i) Brick, stone, or concrete masonry, stucco, concrete, or wood that is at least three feet in height. (ii) Earthen berm at least three feet in height planted with turf grass or ground cover recommended for local area use by the director of park and recreation. The berm may not have a slope that exceeds one foot of height for each two feet in width. (iii) Evergreen plant materials recommended for local area use by the director of park and recreation. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance and being at least three feet in height within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years. (iv) An ornamental steel or iron fence that is at least five feet in height. (L) STOOP means a small porch that leads to the entrance of a residence. (M) UTILITY AREAS means the areas occupied by loading docks, trash storage, air conditioning, heating, and ventilating equipment, and all other similar utility equipment. For the purposes of this article, utility poles are not "utility areas." (b) Interpretations. (1) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (2) The following rules apply in interpreting the use regulations in this article. (A) The absence of a symbol appearing after a listed use means that the use is permitted by right.

10


Z123-317(WE)

(B) The symbol [SUP] appearing after a listed use means that the use is permitted by specific use permit only. (C) The symbol [DIR] appearing after a listed use means that a site plan must be submitted and approved in accordance with the requirements of Section 51A4.803. ("DIR" means "development impact review." For more information regarding development impact review generally, see Division 51A-4.800.) (D) The symbol [RAR] appearing after a listed use means that, if the use has a residential adjacency as defined in Section 51A-4.803, a site plan must be submitted and approved in accordance with the requirements of that section. ("RAR" means "residential adjacency review." For more information regarding residential adjacency review generally, see Division 51A-4.800.) (3) Unless the context clearly indicates otherwise, this district is considered to be a central area district for purposes of interpreting Chapter 51A. (4) Except for Section 24 of Ordinance No. 22097, that ordinance is incorporated by reference into Chapter 51A. SEC. 51P-357.104.1. EXHIBITS. The following exhibits are incorporated into this article: (1) Exhibit 357A: subdistrict boundary map. (2) Exhibit 357B: list of approved plant materials. (3) Exhibit 357C: conceptual plan for Subdistrict 10. SEC. 51P-357.105. ZONING CLASSIFICATION CHANGE. Chapter 51A is amended by changing the zoning classification from CA-1(A) Central Area District to PD 357, to be known as the Farmers Market Special Purpose District ("the Farmers Market SPD"), on the property described in Ordinance No. 22097. SEC. 51P-357.106. ESTABLISHMENT OF SUBDISTRICTS. A map (Exhibit 357A) shows the boundaries of the district and the 12 [11] subdistricts (Subdistricts 1, 1A, 2, 2A, 3, 4, 5, 6, 7, 8, 9, 10). Property descriptions of the subdistricts are attached to Ordinance No. 22097 as Exhibit B. The subdistricts are hereby established for purposes of this article. If there is a conflict between the map and the text of this article, the text controls. SEC. 51P-357.107. GENERAL DEVELOPMENT STANDARDS. The provisions of Section 51A-4.702, "Planned Development (PD) District Regulations," relating to the PD pre-application conference, site plan procedure, site analysis, 11


Z123-317(WE)

conceptual plan, development plan, development schedule, and amendments to the development plan do not apply to this district. SEC. 51P-357.107.1. SUBDISTRICT 10 CONCEPTUAL PLAN. In Subdistrict 10, development and use of the Property must comply with the conceptual plan (Exhibit 357C). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls. SEC. 51P-357.108. MAIN USES PERMITTED. (a) Additional uses created. The uses listed under Paragraph (1) are created for purposes of this article. (1) Definitions. In this article: (A) FARMERS MARKET means a publicly owned or operated area for the sale and exchange of agricultural produce, food, and general merchandise by vendors. (B) FLEA MARKET means a privately owned and operated area for the sale and exchange of food and general merchandise by vendors. (C) FOOD PROCESSING means a facility for the manufacturing, processing, packaging, and sorting of foodstuffs from agricultural produce. This use does not include the slaughtering of animals, fish, or poultry. (D) HOMELESS ASSISTANCE CENTER means a facility that is owned, operated, or contracted for by the city to provide services to the homeless including some or all of the following: outpatient health, medical, dental, and optical services; medical referrals; counseling services and referrals; educational and vocational services and referrals; habilitation or rehabilitation services and referrals; information resources; sanitary facilities; laundry facilities; facilities or areas for food service; and emergency shelter. (E) STADIUM, ARENA, OR SPORTS COMPLEX means an indoor or outdoor facility with seating where spectators view events, including musical and athletic performances. (2) Parking and loading. Consult Section 51P-357.110 of this article for the offstreet parking and loading regulations for these uses. (b) Main uses permitted in Subdistricts 1 through 9. (1) Commercial and business service uses. -- Catering service. -- Custom business services. -- Custom woodworking, furniture construction, or repair. 12


Z123-317(WE)

-- Electronics service center. -- Food processing. [SUP if floor area exceeds 7,500 square feet.] (Permitted only in Subdistricts 1 and 2.) -- Job or lithographic printing. -- Medical or scientific laboratory. -- Technical school. -- Tool or equipment rental. (2) Institutional and community service uses. -- Adult day care facility. [SUP] (Permitted only in Subdistricts 2, 8, and 9.) -- Child-care facility. [SUP] -- Church. -- College, university, or seminary. -- Convent or monastery. [SUP] -- Foster home. [SUP] (Permitted only in Subdistricts 2, 8, and 9.) -- Homeless assistance center. (Permitted only in Subdistrict 2A.) -- Library, art gallery, or museum. -- Public or private school. (3) Lodging uses. -- Hotel or motel. -- Lodging or boarding house. [SUP] -- Residential hotel. (4) Miscellaneous uses. -- Temporary construction or sales office. (5) Office uses. -- Financial institution without drive-in window. -- Financial institution with drive-in window. [DIR required in Subdistrict 1.] -- Medical clinic or ambulatory surgical center. -- Office. (6) Recreation uses. -- Country club with private membership. -- Private recreation center, club, or area. -- Public park, playground, or golf course. (7) Residential uses. -- Duplex. -- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] 13


Z123-317(WE)

-- Multifamily. -- Retirement housing. -- Single family. (8) Retail and personal service uses. -- Ambulance service. -- Auto service center. -- Bar, lounge, or tavern. -- Business school. -- Car wash. [DIR] -- Commercial amusement (inside). -- Commercial amusement (outside). [SUP] -- Commercial parking lot or garage. -- Dry cleaning or laundry store. -- Farmers market. [By right in Subdistricts 1and 1A; By SUP only in all other subdistricts.] -- Flea market. [SUP] -- Furniture store. -- General merchandise or food store 3,500 square feet or less. -- General merchandise or food store greater than 3,500 square feet. -- Home improvement center, lumber, brick, or building materials sales yard. [DIR] -- Household equipment and appliance repair. -- Liquor store. [SUP] -- Mortuary, funeral home, or commercial wedding chapel. -- Motor vehicle fueling station. -- Nursery, garden shop, or plant sales. -- Outside sales. -- Personal service uses. -- Restaurant without drive-in or drive-through service. -- Restaurant with drive-in or drive-through service. [DIR] -- Stadium, arena, or sports complex. -- Temporary retail use. -- Theater. (9) Transportation uses. -- Heliport. [SUP] -- Helistop. [SUP] -- STOL (short takeoff or landing) port. [SUP] -- Transit passenger shelter. -- Transit passenger station or transfer center.

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(10) Utility and public service uses. -- Commercial radio or television transmitting station. -- Electrical substation. -- Local utilities. -- Police or fire station. -- Post office. -- Radio, television, or microwave tower. [SUP] -- Utility or government installation other than listed. [SUP] (11) Wholesale, distribution, and storage uses. -- Freight terminal. [DIR] -- Mini-warehouse. -- Office showroom/warehouse. -- Outside storage (with visual screening). -- Recycling collection center. -- Trade center. -- Warehouse. (c) Main uses permitted in Subdistrict 10. -- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] -- Local utilities. -- Single family. -- Temporary construction or sales office. SEC 51P-357.108.1. ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217(b). For more information regarding accessory uses, consult Section 51A-4.217. (b) The following accessory use is permitted by SUP only: -- Accessory helistop. (c) The following accessory uses are not permitted: -- Accessory medical/infectious waste incinerator. -- Accessory pathological waste incinerator. -- Day home.

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SEC. 51P-357.109. YARD, LOT, AND SPACE REGULATIONS FOR SUBDISTRICTS 1 THROUGH 9. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this section and Division 51A-4.400, this section controls.) (a) Front yard. No minimum front yard. (b) Side and rear yard. (1) Minimum side yard is: (A) five feet for duplex structures; and (B) no minimum in all other areas. (2) Minimum rear yard is: (A) 10 feet for duplex structures; and (B) no minimum in all other cases. (c) Dwelling unit density. No maximum dwelling unit density. (d) Floor area ratio. Maximum floor area ratio is 20.0. (e) Height. Maximum structure height is any legal height. (f) Lot coverage. Maximum lot coverage should average 85 percent. An atrium is not counted as coverage if it exists at grade and is open to the public. (1) In subarea 1A, maximum lot coverage must average [is] 85 percent of the total subarea. An atrium or covered athletic courts or fields are not counted as coverage if it exists at grade and is open to the public. (g) Lot size. No minimum lot size. (h) Stories. No maximum number of stories. (i) Right of Way Encroachments. In subarea 1A, balconies, awnings, signs and other structures attached to a building are allowed to encroach over a right-of-way line to the extent permitted by other city codes. This provision does not preclude such encroachments in other subareas to the extent they are already permitted.

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SEC. 51P-357.109.1. YARD, LOT, AND SPACE REGULATIONS FOR SUBDISTRICT 10. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this section and Division 51A-4.400, this section controls.) (a) Front yard. No minimum front yard. (b) Side and rear yard. No minimum side or rear yard. (c) Dwelling unit density. Maximum dwelling unit density is 108 units. (d) Floor area ratio. Maximum floor area ratio is 4.0. (e) Height. Maximum structure height is 46 feet to the mid-point of the roof and 50 feet to the highest point of the roof. Rooftop projections, trellis projections, and other architectural features may exceed the height by 12 feet. (f) Lot coverage. Maximum lot coverage is 90 percent. For purposes of lot coverage, Subdistrict 10 shall be treated as one lot. (g) Lot size. No minimum lot size. (h) Plat requirements. In this subdistrict, a minimum of 10 feet must be provided by plat between each group of no more than eight single family structures. (i) Platted lots. Each dwelling unit must be located on a separately platted lot. Platted lots may have frontage on two opposite sides. (j) Projections. Window sills, belt courses, cornices, or other architectural features may project no more than 12 inches into the right-of-way with a City of Dallas license for use of the public right-of-way. Cantilevered roof eaves, steps, stoops, and balconies may project no more than three feet into the right-of-way with a City of Dallas license for use of the public right-of-way. (k) Shared access development. A shared access development is treated as one lot for purposes of compliance with the front, side, and rear year regulations and applicable landscape regulations. (l) Steps and stoops. Steps and stoops must comply with the requirements of the Mill Creek Flood Zone Study.

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SEC. 51P-357.110. OFF-STREET PARKING AND LOADING FOR SUBDISTRICTS 1 THROUGH 9. (a) In general. Except as provided in this section, the off-street parking and loading regulations contained in Divisions 51A-4.300 et seq. apply to this district. (b) Off-street parking requirements. Off-street parking is required for a new building or an addition to an existing building at a ratio of one parking space for each 2,000 square feet of floor area. (c) For Subdistrict 1A. Subdistrict 1A is considered a single building site for off-street parking and loading requirements. (d)[(c)] Cash in lieu of required parking. (1) A property owner may make a one-time cash payment in lieu of providing required off-street parking spaces for a use in accordance with this subsection. The amount of the payment required is calculated by taking three-fourths of the cost of constructing a parking garage space and multiplying that cost by the number of parking spaces that will not be required by reason of the cash payment. (2) The cost of a parking garage space is calculated by using the following formula: National Median Cost/Sq. Ft. x 350 square feet x Dallas Cost Index = Cost of a Parking Garage Space For purposes of the formula, "National Median Cost/Sq. Ft." means the national median cost per square foot of a parking space in a parking garage. Both the National Median Cost/Sq. Ft. and the Dallas Cost Index must be derived from the most recent issue of Building Construction Cost Data, published by the Robert Snow Means Company, Inc., of Kingston, Massachusetts, unless another comparable publication is designated by the director. (3) Payments in lieu of required parking shall be paid to a special parking account and used to finance the construction of parking garages or other parking improvements to serve uses in the district, pursuant to the requirements of all applicable rules, regulations, and ordinances of the city. (d) Commercial parking lots and garages. (1) Definitions. In this subsection: (A) EXISTING USE means a commercial parking lot or garage that was in operation on June 22, 1994, regardless of whether the use had a certificate of occupancy on that date. This definition does not mean that an illegal use on that date is now a conforming or legal use. 18


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(B) NEW USE means a commercial parking lot or garage that is not an existing use. (C) PARKWAY means the portion of a right-of-way located between the street curb and the property line of an adjoining lot. (D) SELF-PARK SPACE means a parking space where a customer parks his vehicle and it remains there until a customer drives it away. It does not include a space where an attendant parks a customer vehicle. (E) WROUGHT IRON includes metal that resembles wrought iron in appearance. (2) Site plan. (A) When required. When establishing a new use or enlarging an existing use by more than 40 percent, a site plan must be submitted and approved in accordance with this paragraph before a certificate of occupancy may be issued. (B) Requisites. The site plan must include the following information: (i) The number of existing and proposed parking spaces on the property. (ii) The location and dimensions of the property. (iii) The location and dimensions of all existing and proposed off-street parking and loading areas, parking bays, aisles, driveways, and attendant booths. (iv) The location and type of all existing and proposed landscaping, screening, trash receptacles, lighting, and signs. (v) Any other reasonable and pertinent information that the building official determines to be necessary for site plan review. (C) Review by the building official. The building official shall deny an application unless is meets all the applicable standards of this subsection. (D) Decision of the building official. (i) Form of decision. The decision of the building official must take one of two forms: (aa) Approval. (bb) Denial. 19


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(ii) Statement of reasons. If the building official denies an application, he shall state in writing the specific reasons for denial. (iii) Approval. If there are no grounds for denial under this subsection, the building official shall approve the application with no conditions. (E) Notice. The building official shall give written notice to the applicant of his decision regarding the application within 14 days of its receipt. Notice is given by depositing the notice properly addressed and postage paid in the United States mail. The notice must be sent to the address shown on the application. (F) Development. If a site plan is approved by the building official, development of the property must be in accordance with the site plan. (3) Construction. (A) Slope. The entire surface of a surface parking lot may not deviate more than seven degrees from the horizontal plane. No portion of the surface may deviate more than 12 degrees from the horizontal plane. (B) Driveways. No more than one two-way driveway or two oneway driveways may be maintained for each 300 feet, or fraction thereof, of frontage of a surface parking lot. (4) Striping. All self-park spaces must be clearly and permanently identified by stripes. All self-park spaces for compact cars must be at least 7.5-foot-wide stalls and must be clearly and permanently marked "compact car only." All other selfpark spaces must be at least eight-foot-wide stalls. Except as specified in this provision, these spaces must be provided and striped in accordance with Section 51A-4.301(d)(1). (5) Lighting. (A) Requirement. The following must be lighted between one-half hour after sunset and 2:30 a.m. and between 6:00 a.m. and one-half hour before sunrise: (i) A surface parking lot. (ii) The first story of a parking garage above grade. (iii) All other portions of a parking garage that are accessible to pedestrians or vehicles during the hours of darkness. For purposes of this paragraph, "hours of darkness" means the time between one-half hour after sunset and one-half hour before sunrise. (B) Intensity. The intensity of required lighting on the parking surface must be: 20


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(i) an average of at least two footcandles, measurement, and at least one footcandle on a maintained basis; and

initial

(ii) a minimum at any point of at least 0.6 footcandle initial, and at least 0.3 footcandle maintained or one-third of the average footcandle measurement for the lighted area, whichever is greater. (C) Type of fixtures. Light sources for surface parking lots must be indirect, diffused, or shielded-type fixtures, installed to reduce glare and the consequent interference with boundary streets. Bare bulbs or strings of lamps are prohibited. (D) Location of fixtures. Fixtures must be attached to buildings or mounted on permanent poles. Fixtures may be located on adjoining property. (E) Height of fixtures. Fixtures on surface parking lots must be at least 20 feet above the lot surface. This requirement does not apply to parking garages. (F) Reconciliation. This paragraph controls over Section 51A4.301(e)(1). (6) Trash receptacles. A trash receptacle at each vehicle entrance is encouraged, but not required. No trash receptacle may have a fluorescent color. (7) Attendant booths. An attendant booth may not be constructed of flammable materials or have a fluorescent color. (8) Access openings. (A) Access openings for surface parking lots may not exceed: (i) Thirty feet in width for a two-way drive. (ii) Twenty feet in width for a one-way drive. (iii) Five feet in width for pedestrian access. (B) At least one opening for pedestrian access must be provided for frontage of a surface parking lot. These openings are limited, however, to one for each 30 feet of frontage screened with bollards or a wrought iron fence, or three for each frontage landscaped with a combination of planters and either bollards or a wrought iron fence. (9) Screening and landscaping. (A) Where. Screening and landscaping must be provided along an abutting street right-of-way, excluding openings for pedestrian and vehicular access, of: (i) a surface parking lot; and 21


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(ii) a parking garage having any openings in the first story above grade, excluding openings for pedestrian and vehicular access. (B) Screening. (i) Surface parking lots in the middle of a block with buildings on both adjoining lots and less than 100 feet of frontage and all parking garages must have screening consisting of a wrought iron fence. (ii) All other surface parking lots must have screening consisting of: (aa) a wrought iron fence; (bb) metal or concrete bollards; or (cc) a combination of planters and either bollards or a wrought iron fence. (iii) If a wrought iron fence is provided: (aa) it must be at least 42 inches in height; (bb) its vertical bars must be spaced no more than eight inches apart and welded or brazed to horizontal bars at or near the top and bottom of the fence; (cc) it may have a foundation that does not exceed 12 inches in height; and (dd) the columns extending into the ground or foundation must be spaced no more than 10 feet apart. (iv) If bollards are provided, each bollard must be: (aa) at least 18 inches in length; (bb) at least nine inches in width; (cc) at least 30 inches in height; and (dd) no more than seven feet from another bollard, unless connected by an iron chain, in which case they may be no more than 12 feet from another bollard.

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(v) If planters are provided: (aa) each planter must be between six and 18 inches in height; and (bb) the length of the planter area may not exceed onefifth of the lot frontage. (C) Landscaping. (i) Requirement. Unless a parkway landscape permit is denied or revoked in accordance with Subparagraph (C)(vii), one tree or shrub must be provided in the adjoining parkway for each 30 feet along the required landscaping area. All trees and shrubs provided must be recommended for local area use by the director of park and recreation. (ii) Trees. Each tree planted must have a caliper of at least two and one-half inches. (iii) Shrubs. Each shrub provided must be at least 30 inches in height and planted in a planter or a metal or concrete pot. (iv) Minimum tree clearance. All portions of a tree above street pavement must be at least thirteen and one-half feet in height. (v) Tree grates. Tree grates conforming to state and federal standards and specifications adopted to eliminate, insofar as possible, architectural barriers encountered by aged, handicapped, or disabled persons, and of a size adequate to permit healthy tree growth must be provided for all trees planted within a public sidewalk. (vi) Private license granted. The city council hereby grants a private license to the owners of all commercial parking lots and garages in this district for the exclusive purpose of authorizing compliance with the landscaping requirements. A property owner is not required to pay an initial or annual fee for this license. This private license shall not terminate at the end of any specific time period, however, the city council retains the right to terminate this license whenever in its judgment the purpose or use of this license is inconsistent with public use of the right-of-way or whenever the purpose or use of this license is likely to become a nuisance. A property owner is not required to comply with any landscaping requirement of this paragraph if compliance is made impossible due to the termination of this license. This provision controls over Article VI of Chapter 43 of the Dallas City Code. (vii) Parkway landscape permit. A parkway landscape permit must be obtained from the director of public works and transportation for all landscaping in the parkway.

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(aa) An application for a parkway landscape permit must be in writing on a form approved by the director of public works and transportation and accompanied by plans or drawings showing the area of the parkway affected and the planting proposed. (bb) Upon receipt of the application, the director of public works and transportation shall circulate it to all affected city departments, utilities, and other franchise holders for review and comment. If, after receiving those comments, the director of public works and transportation determines that the construction and planting proposed will not be inconsistent with or unreasonably impair the public use of the right-of-way, he shall issue a parkway landscape permit to the property owner; otherwise, he shall deny the permit. (cc) A parkway landscape permit issued by the director of public works and transportation is subject to immediate revocation upon written notice if at any time he determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. (dd) The issuance of a parkway landscape permit under this paragraph does not excuse the property owner, his agents, or employees from liability in the installation or maintenance of trees or shrubs in the public right-ofway. (10) Existing use exemption. Existing uses are encouraged, but not required, to comply with the trash receptacle, attendant booth, access openings, and screening and landscaping requirements. (11) Compliance reports. An owner of an existing use in this district must submit a report by January 26, 1995, to the director of development services describing compliance with the lighting requirement. A report describing compliance with the striping and construction requirements must be submitted to the director of development services by January 26, 1997. A report describing voluntary compliance with the trash receptacle, attendant booth, access openings, and screening and landscaping requirements must be submitted to the director of development services by January 26, 1999. (12) Conformance. All existing uses in this district must fully comply with the lighting requirements before January 26, 1995, and with the construction and striping requirements before January 26, 1997. (13) Special exception. (A) In general. The board of adjustment may grant a special exception to any requirement contained in Subsection (d) if the board finds, after a public hearing, the special exception will not adversely affect the other properties within the district and strict compliance with the requirement would result in unnecessary hardship. If the board grants a special exception, it must specify the length of time the special exception is effective. 24


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(B) Lighting. The board shall not grant a special exception to a lighting requirement unless the board also finds, after a public hearing, that the special exception will not compromise the safety of persons using the parking. In determining whether to grant this special exception, the board shall consider: (i) the extent to which the parking will be used after dark; (ii) the crime statistics for the area; (iii) the extent to which adequate lighting may be provided by light sources located on adjacent property; and (iv) the extent to which the lot will be secured by fences, gates, and chains. (C) Sign. The board shall not grant a special exception eliminating lighting requirements for all or a portion of a parking lot or garage without requiring that a sign be posted advising the public of the extent to which there will be no illumination during hours of darkness. The sign must be posted in a conspicuous place and be reasonably calculated to adequately inform those persons who might park in the area that is the subject of the special exception. (e) Special off-street loading provisions. (1) Off-street loading spaces must be provided in accordance with Section 51A-4.303(a) only for new structures or additions to an existing structure. (2) Once the required off-street loading has been provided for a structure, no additional off-street loading is required if the use of the structure changes. (3) Once an off-street loading space has been provided, the off-street loading space may not be reduced, eliminated, or made unusable in any manner during the life of the structure. (4) On-street loading spaces may satisfy the off-street loading space requirement subject to the following standards: (A) Any on-street loading spaces must be approved by the traffic engineer. (B) Required off-street loading spaces furnished on-street must be provided at curbside contiguous to the building site. (C) If no adjacent curb space is available due to traffic or transit needs, indented curb space may be provided if the required sidewalk width is maintained. 25


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(D) All required medium and large loading spaces must be provided off-street. (E) Structures meeting Subparagraphs (A) through (D) above and requiring seven or more off-street loading spaces may satisfy the off-street loading requirement as follows: REQUIRED SPACES

7 8 9 10 or more

MINIMUM OFF-STREET

6 6 6 60%

NUMBER ON-STREET

1 2 3 40%

SEC. 51P-357.110.1. PARKING AND LOADING FOR SUBDISTRICT 10. (a) Off-street parking. Except as provided in this section, the off-street parking and loading regulations contained in Divisions 51A-4.300 et seq. apply to this district. For single family uses, two off-street parking spaces are required for each dwelling unit. (b) Guest parking. For single family uses, 34 on-street parking spaces must be provided on Marilla Street, Pearl Expressway, and the center private drive as shown on the conceptual plan. These spaces may be counted as guest parking and may cross lot lines. (c) Parking space dimensions. Except for on-street parking spaces along the center private driveway, off-street parking spaces must be a minimum of eighteen feet long by eight feet wide. (d) Accessory community center (private). Off-street parking is not required for an accessory community center (private) use. (e) On-street parking shown on the conceptual plan may be parallel or head-in. SEC. 51P-357.110.2. SHARED ACCESS PAVEMENT WIDTHS FOR SUBDISTRICT 10. (a) The shared access area must be provided as shown on the conceptual plan. (b) The shared access area must have a minimum width of 20 feet, and a minimum pavement width of 20 feet. Pavement widths are measured perpendicularly from the edge of the pavement to the opposite edge of pavement. (c) Minimum 20 foot visibility triangles are required at all intersections of driveways with public streets. At all other driveway intersections, visibility triangles must be a minimum of 10 feet. Visibility triangles are not required at the exterior corners of the subdistrict.

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SEC. 51P-357.111. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P-357.112. SIGNS. Signs must comply with the provisions for the Farmers Market Special Provision Sign District contained in Division 51A-7.1300. SEC. 51P-357.113. SINGLE FAMILY STRUCTURE SPACING. Except as provided in Section 51P-357.109.1(h), in this district, a minimum of 15 feet between each group of eight single family or handicapped group dwelling unit structures must be provided by plat. SEC. 51P-357.114. SIDEWALK REGULATIONS FOR SUBDISTRICTS 1 THROUGH 9. (a) A sidewalk must be provided between the back of the street curb and the face of a building at grade in accordance with this section. The face of a building is behind the columns for a building with exterior columns. (b) Sidewalks must be constructed and maintained in accordance with the following regulations: (1) A building with a floor area ratio of more than 15 to one is subject to the requirements of the CA-1(A)-CP district in Section 51A-4.124(a)(8)(C)(ii). (2) A building with a floor area ratio of 10 to one through 15 to one must have an average sidewalk width of 15 feet and a minimum sidewalk width of nine feet that is unobstructed by any structure. For purposes of this paragraph: (A) Average sidewalk width equals the total sidewalk surface area divided by the linear feet of frontage. (B) Each frontage on each block must contain the required average sidewalk width. (C) The area occupied by structural walls or columns is excluded when computing average sidewalk width. (D) The surface area at a corner is counted only once when computing average sidewalk width. (3) All other buildings must provide a minimum sidewalk width of 10 feet with seven feet unobstructed by any structure or planting.

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SEC. 51P-357.114.1. SIDEWALK REGULATIONS FOR SUBDISTRICT 10. (a) A minimum sidewalk width of 12 feet, with 7.5 feet unobstructed by any structure or planting, must be provided adjacent to Cesar Chavez Boulevard, Marilla Street, and Pearl Expressway. (b) A minimum sidewalk width of 10 feet, with 7.5 feet unobstructed by any structure or planting, must be provided adjacent to Canton Street. (c) Sidewalks are required on both sides of the center interior drive. Sidewalks elsewhere in the interior of the subdistrict are allowed but not required. Interior sidewalks must be a minimum of three feet wide. SEC. 51P-357.115. DEVELOPMENT PLAN REVIEW. (a) Pre-application conference. A person desiring to develop in the district should consult with the director to discuss whether the project is consistent with the requirements of this article. (b) Review of project. Upon receipt of an application for a building permit for new construction or a major modification of a structure in the district and a landscape plan, the building official shall refer the application and plans to the director for review to determine whether the application complies with all requirements of this article. The director shall complete the review within 30 days from the date of submission of the completed application to the building official, or the application shall be deemed to be approved. (c) Return of application to the building official. Once the director makes his determination, he shall refer the permit application, plans, all other relevant information, and his recommendation to the building official. If the director determines that sufficient points have been accumulated under the design and landscape tests and all mandatory provisions of this article have been met, he shall recommend approval. Otherwise, he shall recommend denial. If the recommendation is for denial, the director shall state the grounds for denial in writing to the applicant, and the building official shall not issue the permit unless the director's recommendation is overturned upon appeal to the board. If the recommendation is for approval and the building official determines that all requirements of the construction codes and all other applicable ordinances have been met, the building official shall issue the permit. SEC. 51P-357.116. DESIGN TEST AND REQUIREMENTS FOR SUBDISTRICTS 1 THROUGH 9. (a) In general. All applications referred to the director for review in accordance with Section 51P-357.115 of this article must be evaluated against the tests and prohibitions in this section. Plans for new construction or a major modification of a structure must earn at least 65 points (out of a total of 120 possible points) and comply with all mandatory requirements of this section. The points awarded for providing a feature, as 28


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well as the maximum number of points allowed in any category, are provided in parenthesis. (b) Highly reflective glass prohibited. Reflective glass may not be used as an exterior building material on any building or structure in the district. (c) Building offset requirement. A building facade that faces a public right-of-way must contain an offset of at least 100 square feet in area for the first five stories if the facade is for: (1) a residential structure that extends 50 or more feet along the right-of-way; or (2) a nonresidential structure that extends 75 or more feet along the right-of-way. For purposes of this section, an offset is an area within one or more angles in a building's footprint other than the four 90-degree corners of the building. (d) Design points. Design points are awarded in accordance with the following criteria: (1) Building facades. (Total possible points = 20). Points may be earned as follows: (A) Retail uses. Ten points are awarded if each side of a building's ground floor that fronts a right-of-way (excluding halls, restrooms, utility areas, and other public spaces) is allocated to retail uses. (B) Lower story articulation. Ten points are awarded if each of the first three stories of a building is articulated differently from the stories above and below it. (C) Non-horizontal roofs. Ten points are awarded if the building's roof is capped by complex parapets, central or corner spires, pitched or stair-stepped roof forms, horizontal projected soffits, parapet walls consisting of decorative coping (for buildings having less than four stories), or other vertical offsets in the roof. (D) Facade treatments. Ten points are awarded if the building's facade is given texture and complexity by the inclusion of ground level entries more than 14 feet in height, porticos, indented entries, belt coursing or other horizontal banding, grid coursing or other articulation of window openings, corner pilasters, rustication of the first floor, changes of color, or ornamental irons. (E) Large public areas. Ten points are awarded if a sidewalk or plaza area not required by this article is provided for pedestrian activities. (2) Awnings and arcades. (Total possible points = 10) To qualify for points under this paragraph, an arcade must have a minimum depth of six feet, a minimum height of seven feet, and a maximum height of 20 feet. An awning must have a minimum depth of three and one-half feet, a minimum height of seven feet, and a maximum height of 14 feet. For the purpose of this paragraph, awning and arcade height is the vertical distance between the ground or pavement directly beneath the awning or arcade and 29


Z123-317(WE)

the lowest point of the awning or arcade. One point is awarded for each 10 percent of front lot line linear footage of awning or arcade width. When arcades extend over public rights-of-way, the minimum depth requirement of the arcade may be reduced from six feet to the maximum depth permitted under the necessary agreement with the city. (3) Building materials. (Total possible points = 20) One point is awarded for each three percent increment greater than 40 percent of total building facade area, excluding openings, incorporating stone, brick, or a combination of those materials as facade materials. (4) Front facade openings. (Total possible points = 20) Twenty points are awarded if the percentage of a front facade containing openings is between 40 and 60 percent. For purposes of this paragraph, "front facade" means any facade facing a street. For buildings with more than one story, only the front facade of the first and second stories is used when calculating the percentage of openings. (5) Public art. (Total possible points = 10) One point is awarded for each one percent of the value of improvement stated in the building permit application that is allocated to public art up to a maximum of 10 points. In order to qualify for public art points, the public art must be visible from a public right-of-way at all times. Examples of public art could include art in an atrium or lobby that is visible from a public right-of-way, art incorporated into the sidewalk or building facade, or freestanding art. (6) Water features. (Total possible points = 10) One point is awarded for each one percent of the value of improvements stated in the building permit application that is allocated to a water feature, such as a fountain, stream, pond, pool, waterfall, mechanical water jet, or other similar water device, up to a maximum of 10 points. In order to qualify for water feature points, the water feature must be visible from a public right-of-way at all times. (7) Flags and banners. (Total possible points = 10) Flags and banners may be hung from street light poles or suspended from private buildings or poles. One point is awarded for each one percent of building facade area that has an equivalent area of either flags or banners up to a maximum of 10 points. If the flags or banners are signs, they must comply with the sign regulations for this district. (8) Ground floor light fixtures. (Total possible points = 10) Ten points are awarded if decorative light fixtures that are greater than three feet vertically frame a ground floor entry or create a repeating motif along the facade of the ground floor. (9) Pedestrian seating. (Total possible points = 10) One point is awarded for each five feet of pedestrian seating. SEC. 51P-357.116.1. DESIGN STANDARDS FOR SUBDISTRICT 10. (a) Highly reflective glass prohibited. Reflective glass may not be used as an exterior building material on any building or structure. 30


Z123-317(WE)

(b) Building materials. A minimum of 40 percent of total building facade area, excluding openings, must incorporate stone, brick or a combination of those materials. Hardiboard may be used on the facade containing the garage. (c) Drive-through porte-cocheres. Drive-through porte-cocheres must have a minimum height of 13.5 feet and may be located across shared drives. (d) Pedestrian seating. A minimum of 20 benches must be provided along the perimeter of the subdistrict and may be located within the public right-of-way with a City of Dallas license. (e) Trash receptacles. A minimum of 20 trash receptacles must be provided along the perimeter of the subdistrict and may be located within the public right-of-way with a City of Dallas license. (f) Outdoor lighting. Light poles must be located a minimum of 50 feet and a maximum of 100 feet on center with a minimum of one footcandle at the mid-point between fixtures. Outdoor light sources must be indirect, diffused, or shielded-type fixtures, installed to reduce glare and the consequent interference with boundary streets. Bare bulbs or strings of lamps are prohibited. Fixtures must be attached to buildings or mounted on permanent poles at a maximum height of 20 feet. Fixtures may be located within the public right-of-way with a City of Dallas license or on adjoining property. Pedestrian areas must be lighted beginning one-half hour after sunset and continuing until one-half hour before sunrise. (g) Tree grates. Tree grates conforming to state and federal standards and specifications adopted to eliminate, insofar as possible, architectural barriers encountered by aged, handicapped, or disabled persons, and of a size adequate to permit healthy tree growth must be provided for all trees planted within a public sidewalk. (h) Fencing. (1) Solid fencing is not required. (2) Wrought iron fencing with gates is permitted between buildings along the perimeter of the subdistrict. (3) Maximum height for fencing is eight feet. (i) Pavement markings. Pedestrian crosswalks across ingress and egress driveways and interior drives or streets must be clearly marked by colored concrete or patterned or stamped concrete and must be consistent.

31


Z123-317(WE)

SEC. 51P-357.117. LANDSCAPE REGULATIONS FOR SUBDISTRICTS 1 THROUGH 9. (a) Street trees. Except for a lot that contains a warehouse, distribution, or storage use for produce, a tree must be planted at a density of one tree for each 30 linear feet of frontage, exclusive of visibility triangles and driveways and accessways at points of ingress and egress to and from the property. A tree must be planted at a density of one tree for each 60 linear feet of frontage, exclusive of visibility triangles and driveways and accessways at points of ingress and egress to and from the property, for a lot that contains a warehouse, distribution, or storage use for produce. The trees provided must be of a species listed in Exhibit 357B. (b) ROW clearance. A structure constructed above any landscaping installed in the public right-of-way may not be lower than: (1) thirteen and one-half feet above grade in the street pavement; or (2) seven and one-half feet above grade in the remainder of the right-of-way. (c) Minimum caliper. All trees installed in accordance with this section must have a caliper of at least three and one-half inches. (d) Landscape plan test and requirements. A landscape plan must accompany an application for a building permit for new construction or a major modification of a structure in the district. A landscape plan must earn at least 65 points (out of a total of 130 possible points) and comply with all mandatory requirements of this section. Points are awarded for providing specific lighting, paving, landscape zones, and other enhancements. The points awarded for providing these features, as well as the maximum number of points allowed in any category, are provided in parenthesis at the end of the provision to which they apply. Unless otherwise provided, the definitions in Article X apply when construing these provisions. Existing landscaping may qualify for points. (1) Tree, landscape, or pedestrian lighting. (Total possible points = 20) Ten points each are awarded for providing tree lighting, light bollards, light poles, building facade lighting, or landscaped area lighting, up to a maximum of 20 points. The lighting provided must be at least 1.5 footcandles in intensity over adjacent pedestrian areas. (2) Tree canopy zone. (Total possible points = 20) Points may be obtained for planting canopy trees within a landscape zone along the entire frontage, exclusive of vehicular and pedestrian entrances and exits. The trees may be planted in the right-ofway if a parkway landscape permit is obtained in accordance with Subsection (e). Ten points are awarded for planting these trees at a density of one tree for each 30 linear feet of landscape zone and twenty points are awarded for planting these trees at a density of one tree for each 15 linear feet of landscape zone. The trees provided must be of a species listed in Exhibit 357B.

32


Z123-317(WE)

(3) Paving materials. (Total possible points = 20) Five points are awarded for each 25 percent increment of outdoor walkway area accessible to the public that is covered by decorative pavement. For purposes of this paragraph, decorative pavement means: (A) pavers of colored concrete, brick, or stone; (B) stamped, textured, or colored concrete; or (C) exterior grade tile. (4) Seasonal color. (Total possible points = 15) Points may be obtained for providing a landscape area for seasonal color in planting beds, raised planters, or pots. Five points are awarded for a landscape area that has a size that is equal to at least one-fourth of a square foot multiplied by the number of feet of frontage the property has. Ten points are awarded for a landscape area that has a size that is equal to at least one-half of a square foot multiplied by the number of feet of frontage the property has. Fifteen points are awarded for a landscape area that has a size that is equal to at least three-fourths of a square foot multiplied by the number of feet of frontage the property has. The plants installed in the landscape area must be maintained and changed in accordance with Subsection (g). Exhibit 357B indicates which plants qualify as seasonal color and the seasons in which they qualify. (5) Private parks. (Total possible points = 20) Five points are awarded for each 200 square foot area provided as a park. A park may contain pedestrian seating, public art, or a water feature. (6) Parking lot trees. (Total possible points = 20) Twenty points are awarded for planting one tree for each ten parking spaces in a parking lot. The trees must be planted in the interior of the parking lot and must be of a species listed in Exhibit 357B. (7) Intersection open space. (Total possible points = 15) Fifteen points are awarded for providing an open area adjacent to a visibility triangle at the intersection of Young/Canton Street and South Central Expressway or Cadiz/Marilla Street and South Central Expressway. The open area must be at least 100 square feet. (e) Parkway landscape permit. (1) It is the responsibility of the property owner to apply for and obtain a parkway landscape permit before locating trees, landscaping, or pavement (other than for the sidewalk required under Section 51P-357.114 of this article) in the parkway. An application for a parkway landscape permit, if required, must be made to the director of public works and transportation before an application for a building permit is made for work on the lot. The application must be in writing on a form approved by that director and accompanied by plans or drawings showing the area of the parkway affected and the construction and planting proposed.

33


Z123-317(WE)

(2) Upon receipt of the application and any required fees, the director of public works and transportation shall circulate it to all affected city departments and utilities for review and comment. If, after receiving comments from affected city departments and utilities, that director determines that the construction and planting proposed will not be inconsistent with or unreasonably impair the public use of the right-of-way, he shall issue a parkway landscape permit to the property owner; otherwise, he shall deny the permit. (3) A property owner is not required to comply any parkway landscaping requirement of this section if compliance is made impossible due to the denial of a parkway landscape permit by the director of public works and transportation. (4) A parkway landscape permit issued by the director of public works and transportation is subject to immediate revocation upon written notice if at any time that director determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. The property owner is not required to comply with any parkway landscaping requirements of this section if compliance is made impossible due to that director's revocation of the parkway landscape permit. (5) The issuance of a parkway landscape permit under this subsection does not excuse the property owner, his agents, or employees from liability in the installation or maintenance of trees, landscaping, or pavement in the public right-of-way. (f) Lighting. Pedestrian areas where lighting fixtures are provided to obtain points under this section must be lighted beginning one-half hour after sunset and continuing until one-half hour before sunrise. (g) Maintenance. (1) In general. All landscaping provided must be installed and maintained in accordance with Article X. (2) Seasonal color. If a seasonal color landscape area is provided under Subsection (d)(4) of this section, the plants in that area must be changed at least four times a year in accordance with the appropriate seasonal colors indicated in Exhibit 357B. This area must contain the appropriate seasonal landscaping at all times except when the landscaping is being changed at the beginning of a new season. SEC. 51P-357.117.1. LANDSCAPE REGULATIONS FOR SUBDISTRICT 10. (a) In general. For the purposes of this section, Subdistrict 10 shall be treated as one lot.

34


Z123-317(WE)

(b) Private license granted. (1) The city council hereby grants a revocable, non-exclusive license to the owners or tenants (with the written consent of the owner) of all property in this district for the exclusive purpose of authorizing compliance with the parkway landscaping requirements of this article. â&#x20AC;&#x153;Parkwayâ&#x20AC;? means the portion of a street right-of-way between the street curb and the lot line. An owner or tenant is not required to pay an initial or annual fee for this license, although a fee may be charged for issuance of a parkway landscape permit. This private license will not terminate at the end of any specific period, however, the city council reserves the right to terminate this license at will, by resolution passed by the city council, any time such termination becomes necessary. The determination by the city council of the need for termination is final and binding. The city shall become entitled to possession of the licensed area without giving any notice and without the necessity of legal proceedings to obtain possession when, in its judgment, the purpose or use of the license is inconsistent with the public use of the right-of-way or when the purpose or use of the license is likely to become a nuisance or a threat to public safety. Upon termination of the license by the city council, each owner or tenant shall remove all improvements and installations in the public rights-of-way to the satisfaction of the director of public works and transportation. (2) An owner or tenant is not required to comply with any landscaping requirement to the extent that compliance is made impossible due to the city council's revocation of the private license granted by this subsection. (3) Upon the installation of landscaping and related amenities, such as irrigation systems, in the public rights-of-way, the owner or tenant shall procure, pay for, and keep in full force and effect commercial general liability insurance coverage with an insurance company authorized to do business in the State of Texas and otherwise acceptable to the city, covering, but not limited to, the liability assumed under the private license granted under this subsection, with combined single limits of liability for bodily injury and property damage of not less than $1,000,000 for each occurrence, and $2,000,000 annual aggregate. Coverage under this liability policy must be on an occurrence basis and the city shall be named as additional insured. Proof of such insurance must be sent to: Office of Risk Management, City of Dallas, 1500 Marilla, Dallas, Texas 75201, and the policy must provide for 30 days prior written notice to the Office of Risk Management of cancellation, expiration, non-renewal, or material change in coverage. All subrogation rights for loss or damage against the city are hereby waived to the extent that they are covered by this liability insurance policy. (4) Each owner or tenant is responsible for maintaining the landscaping in a healthy, growing condition, for keeping related amenities in good repair and condition, and for keeping the premises safe and from deteriorating in value or condition, at no expense to the city. The city is absolutely exempt from any requirements to make repairs or to maintain the landscaping, related amenities, or the premises. The granting of a license for landscaping and related amenities under this subsection does not release the owner or tenant from liability for the installation or maintenance of trees, landscaping, and related amenities in the public right-of-way. 35


Z123-317(WE)

(c) Parkway landscape permit. (1) It is the responsibility of the property owner to apply for and obtain a parkway landscape permit before locating trees, landscaping, or related amenities in the parkway. An application for a parkway landscape permit must be made to the building official. The application must be in writing on a form approved by the building official and accompanied by plans or drawings showing the area of the parkway affected and the planting or other amenities proposed. (2) Upon receipt of the application and any required fees, the building official shall circulate it to all affected city departments and utilities for review and comment. If, after receiving comments from affected city departments and utilities, the building official determines that the construction, planting, or other amenities proposed will not be inconsistent with and will not unreasonably impair the public use of the right-of-way, the building official shall issue a parkway landscape permit to the property owner; otherwise, the building official shall deny the permit. (3) A property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the building official's denial of a parkway landscape permit. (4) A parkway landscape permit issued by the building official is subject to immediate revocation upon written notice if at any time the building official determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. The property owner is not required to comply with any parkway landscaping requirement of this section if compliance is made impossible due to the building official's revocation of a parkway landscape permit. (5) The issuance of a parkway landscape permit under this subsection does not excuse the property owner, his agents, or employees from liability for the installation or maintenance of trees or other amenities in the public right-of-way. (d) Street trees must be planted at a density of one tree for each 30 linear feet of frontage along the perimeter of the property, exclusive of visibility triangles and points of ingress and egress to and from the property. The trees provided must be of a species listed in Exhibit 357B. (1) Each tree planted must have a calliper of at least four inches. (2) Tree branches must not hang lower than 13.5 feet above the street or sidewalk pavement. (e) Any shrub provided must be at least 18 inches in height and may be planted in a planter or a metal or concrete pot. (f) Trees, shrubs, water features, benches, mailboxes, and other amenities may be provided in open space easements provided by plat. 36


Z123-317(WE)

(g) Plant material must be maintained in a healthy, growing condition. SEC. 51P-357.117.2. OPERATIONAL ASSISTANCE CENTER.

PLAN

REQUIRED

FOR

HOMELESS

Prior to the issuance of a certificate of occupancy for a homeless assistance center use, city council must approve an operational plan for the facility and surrounding area. At a minimum, the plan must address issues related to: (1) loitering; (2) security; (3) control of trash and debris; and (4) a reporting mechanism on the above factors. SEC. 51P-357.117.3. SUBDISTRICT 10 HOMEOWNERâ&#x20AC;&#x2122;S ASSOCIATION. Prior to final plat approval, the owner of the Property must execute an instrument creating a homeownerâ&#x20AC;&#x2122;s association for the maintenance of common areas, screening walls, landscaping areas (including right-of-way landscaping areas), and for other functions. This instrument must be approved as to form by the city attorney and filed in the Dallas County deed records. SEC. 51P-357.118. GENERAL REQUIREMENTS. (a) Development and use of the Property must comply with all applicable federal and state laws and regulations and with all applicable ordinances, rules, and regulations of the city. (b) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. SEC. 51P-357.119. EVALUATION. The director of development services shall submit a report to the city plan commission within five years of June 22, 1994. The report must contain an evaluation of the effectiveness of Ordinance No. 22097 and recommendations as to what, if any, changes should be made to it.

37


Z123-317(WE)

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Z123-317(WE)

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39


Z123-317(WE)

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Z123-317(WE)

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Z123-317 10/9/2013


Z123-317(WE)

CPC RESPONSES

42


Z123-317(WE)

Notification List of Property Owners Z123-317 124 Property Owners Notified

Vote

0 Property Owners Opposed

Label # Address

8 Property Owners in Favor

Owner

O

1

2111

TAYLOR ST

TAYLOR STREET 2111 LP

O

2

1824

CANTON ST

WESTBROOKSMITH JV

O

3

1823

CADIZ ST

MINTEX DEVELOPMENT LLC

4

990

ST PAUL ST

HINES HOWARD C

5

507

HARWOOD ST

MASONIC TEMPLE CORP

6

508

PARK AVE

FIRST PRESBYTERIAN CHURCH OF

7

617

HARWOOD ST

AMIGOS POTTERY INC

8

1909

CADIZ ST

RP DOWNTOWN PARKING PROPERTIES

9

922

PARK AVE

UNION GOSPEL MISSION

10

1900

CADIZ ST

PURE ICE & COLD STG CO

11

915

HARWOOD ST

COMBS PROPERTIES LTD

12

915

HARWOOD ST

COMBS PRODUCE CO LP

O

13

1017

HARWOOD ST

DALLAS DSL PPTY MANAGEMENT

O

14

1015

HARWOOD ST

DALLAS DSL PPTY MANAGEMENT LP

15

1207

HARWOOD ST

HARRINGTON SAMUEL

16

1115

HARWOOD ST

HARRINGTON SAM

17

1916

ST LOUIS ST

HARRINGTON SAMUEL M

18

500

HARWOOD ST

DALLAS SCOTTISH RITE

19

2021

CADIZ ST

RUIBAL FARMS LP

20

600

HARWOOD ST

RUIBAL FARMS LP

21

608

HARWOOD ST

PUDDINGSTONE PARK LLC

22

2018

CADIZ ST

CADIZ STREET PPTIES LTD

23

514

CESAR CHAVEZ BLVD

FENWAY DEVELOPMENT INC

24

2159

MARILLA ST

TEXAS IN TOWN HOMES

25

715

CESAR CHAVEZ BLVD

TEXAS IN TOWN HOME

26

615

CESAR CHAVEZ BLVD

TEXAS IN TOWN HOMES LLC

Tuesday, October 29, 2013

43


Z123-317(WE)

Vote

O

Label # Address

Owner

27

1204

CESAR CHAVEZ BLVD

SAGENITE DALLAS CO

28

625

GOOD LATIMER EXPY

CAMDEN PROPERTY TRUST

29

1605

PEARL EXPY

ANTON FERRIS J &

30

1601

PEARL EXPY

PRICE HARRY & SONS INC

31

2012

GANO ST

TAYLOR ALVIN O

32

1600

CESAR CHAVEZ BLVD

W&D HOLDEN 1 FAMILY LTD

33

1822

CADIZ ST

RUSSELL JAMES ROBERT &

34

2234

MARILLA ST

REITZ BLAKE ELIZABETH

35

2236

MARILLA ST

PERKINS SCOTT GIBSON

36

2238

MARILLA ST

CHUNG YULIN

37

803

FARMERS MARKET WAY

DULA BONITA M & TERRENCE M

38

805

FARMERS MARKET WAY

TROY PETER LEO JR & GINA BAGNULO

39

807

FARMERS MARKET WAY

MILLER ERIN R

40

809

FARMERS MARKET WAY

LEE WEN TI WILLY & TEH YUAN LEE

41

811

FARMERS MARKET WAY

ZAFARMAND ATEF ALIREZA

42

908

CITY SIDE LN

YBARRA RACHEL C TRUSTEE

43

906

CITY SIDE LN

CARTER WILLIAM W

44

904

CITY SIDE LN

WIBLIN BRIAN & JULIA

45

2230

CITY MARKET LN

ALHADEFF MARY ANNE

46

2226

CITY MARKET LN

REDWOOD PAUL F

47

905

CITY SIDE LN

STITSKY DAVID ANDREW

48

907

CITY SIDE LN

SCHIEDA MARISA J &

49

909

CITY SIDE LN

JEHL JENNIFER

50

908

MARILLA CT

SUNDERJI RIZWAN ARMIRALI

51

906

MARILLA CT

LAFOND DANIEL P

52

904

MARILLA CT

BALL KRISTIN L &

53

2216

CITY MARKET LN

NEALE JAMES W &

54

2212

CITY MARKET LN

BLOOM KATHERINE M

55

905

MARILLA CT

PARAISON PHAEDRA M &

56

907

MARILLA CT

OKUNUBI FOLASADE

57

909

MARILLA CT

HUFF WINSTON OLIVER

Tuesday, October 29, 2013

44


Z123-317(WE)

Vote

Label # Address

Owner

58

912

CESAR CHAVEZ BLVD

VITAL VICTOR

59

910

CESAR CHAVEZ BLVD

AAMOLD CHRISTOPHER & AMY

60

908

CESAR CHAVEZ BLVD

WHITEHEAD MICHAEL E &

61

906

CESAR CHAVEZ BLVD

FARRELL JOHN M

62

904

CESAR CHAVEZ BLVD

ANDERSON ASHLEY DOREEN

63

2202

MARILLA ST

SMITH JOANNE

64

2204

MARILLA ST

BOYER MACEE L

65

2206

MARILLA ST

COLLOM CHAD

66

2209

CITY MARKET LN

BICKHAM KRISTINE LEE

67

2211

CITY MARKET LN

DOHM GLENDA

68

2212

MARILLA ST

SHAH PRERAK

69

2216

MARILLA ST

STEINBERG JOSEPH &

70

2218

MARILLA ST

MCCARTHY PAUL J &

O

71

2219

CITY MARKET LN

SARRO BRIAN A & ANDREA L

O

72

2222

MARILLA ST

YEAGER GREGORY

73

2224

MARILLA ST

RUFFRIDGE KELLY R

74

2226

MARILLA ST

CAPERTON JOHN E & NANCY E

75

2228

MARILLA ST

GOMEZ MARY SHEREEN

76

2230

MARILLA ST

PEDEN WILL A &

77

2232

MARILLA ST

JOHNSON DEBORAH J

78

2210

CANTON ST

2009 CPT COMMUNITY OWNER LLC

79

1550

HARWOOD ST

TOMAINO PPTIES LP

80

401

BUCKNER BLVD

DART

81

2220

CANTON ST

WATERS LINDSAY &

82

2220

CANTON ST

WESTDALE PROPERTIES

83

2220

CANTON ST

ABOUTALEBI SINA

84

2220

CANTON ST

ANDERSEN GUY

85

2220

CANTON ST

WILSON KENNETH W

86

2220

CANTON ST

STAFFORD ROBERT T

87

2220

CANTON ST

MICHEL FRANCINE

88

2220

CANTON ST

JOHNSON EUGENE E

Tuesday, October 29, 2013

45


Z123-317(WE)

Vote

Label # Address

Owner

89

2220

CANTON ST

KOOI EDWARD

90

2220

CANTON ST

ZUERKER MARK

91

2220

CANTON ST

DAHLKE MERI

92

2220

CANTON ST

KING DIANE E

93

2220

CANTON ST

REEVES RICKY

94

2220

CANTON ST

ECKART PHILIP

95

2220

CANTON ST

ABDULALEEM KHADIJAH

96

2220

CANTON ST

SLADE CLAYTON D &

97

2220

CANTON ST

RAMIREZ CESAR

98

2220

CANTON ST

JOHNSON ERIC L

99

2220

CANTON ST

RODRIGUEZ JOSEPH L

100

2220

CANTON ST

SIMON PATRICIA A

101

2220

CANTON ST

SORRELS BARRY J &

102

2220

CANTON ST

THOMPSON EDLEECA

103

2220

CANTON ST

EVARTT EDWARD D

104

2220

CANTON ST

STAHL DAVID

105

2220

CANTON ST

POPPERT CHRISTIAN D

106

2220

CANTON ST

SALDITT PETER

107

2220

CANTON ST

STRING BEAN PRODUCTIONS INC

108

2220

CANTON ST

CANTON 401 LTD

109

2220

CANTON ST

CAIN GERALD & DORIS

110

2220

CANTON ST

CHUNG CHRISTOPHER

111

2220

CANTON ST

LUNN LINDA C

112

2220

CANTON ST

ELLIOTT BLAKE ROWAN

113

2220

CANTON ST

GMUROWSKA ANNA A

114

2220

CANTON ST

WRIGHT ALAN E

115

2220

CANTON ST

CORREA ANDRES &

116

2220

CANTON ST

ROWNTREE ROBERT &

117

2220

CANTON ST

GOODEN DAVID & LINDA

118

2220

CANTON ST

BATES JAMES D

119

2220

CANTON ST

TELATNYK JULIE M

Tuesday, October 29, 2013

46


Z123-317(WE)

Vote

Label # Address

Owner

120

2220

CANTON ST

JOHNSON AMY

121

2220

CANTON ST

WOOD JUSTIN

122

2220

CANTON ST

HARTMAN BROOKE ELIZABETH

123

2220

CANTON ST

JONSSON-LONNINGE ANNETTE

124

2220

CANTON ST

RABARA EVANGELINE

Tuesday, October 29, 2013

47


AGENDA ITEM # 75 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

45 F

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Subarea B of Planned Development Subdistrict No. 66 within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the southwest side of Harwood Street, southeast of McKinney Avenue Recommendation of Staff and CPC: Approval, subject to a conceptual plan and conditions Z123-321(RB)


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-321 (JH)

DATE FILED: June 24, 2013

LOCATION:

Southwest side of Harwood Street, southeast of McKinney Avenue

COUNCIL DISTRICT: 14

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 17.04

Approx. 0.26 acres

45-F

REPRESENTATIVE:

Karl Crawley, Masterplan

APPLICANT:

KDC, LLC

OWNER:

McKinney Harwood, LLC

REQUEST:

An application to amend Subarea B of Planned Development Subdistrict No. 66 within Planned Development District No. 193, the Oak Lawn Special Purpose District.

SUMMARY:

The purpose of the request is to increase the non-residential floor area in Subarea B to allow this property to develop with an adjacent property for an office tower use.

CPC RECOMMENDATION:

Approval, conditions

subject

to

a

conceptual

plan

and

STAFF RECOMMENDATION:

Approval, conditions

subject

to

a

conceptual

plan

and

DESIGNATED ZONING CASE

1


Z123-321(JH)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval subject to conditions based upon: 1. Performance impacts upon surrounding property (lighting, noise, odor, etc.) – The proposed amendment allows for the property to develop with the zoning rights that resemble the zoning districts that surrounds the property rather than limiting the development to surface or underground parking. 2. Traffic impact – Proposed increase in traffic volume is not enough to trigger traffic impact study. 3. Comprehensive Plan or Area Plan Conformance – The proposed conditions comply with Forward Dallas!, the Oak Lawn Plan, and the Downtown 360 Plan. 4. Deviation from base zoning – The front yard setback is proposed to be a minimum of 12.5 feet as a compromise with the applicant from the current zoning and original request. Currently, PDS No. 66 requires 15 feet while an HC Heavy Commercial Subdistrict requires no front yard. BACKGROUND INFORMATION: •

The request site is currently undeveloped.

The applicant proposes to develop the subject property with adjacent property that fronts on McKinney Avenue for an office tower use. PDS No. 66 restricts the subject property, Subarea B, to underground or surface parking and local utility land uses and a maximum floor area of 50 square feet.

PDS No. 66 was established on January 11, 2006. PDS No. 66 has two tracts. The purpose of PDS No. 66 was to allow for a 230-dwelling multifamily development on Subarea A that increased the height, lot coverage, and floor area ratio but decreased residential density and non-residential floor area. Subarea B was included in the request to allow for additional parking, but is not used or needed to meet the minimum parking requirement for Subarea A.

Zoning History: 1. BDA112-009

On January 24, 2012, the Board of Adjustment granted a variance to the height regulations of 95 feet to allow the construction of a maximum height of 335 feet.

2. Z123-126

On December 12, 2012, the City Council approved an amendment to Tract 1 of Planned Development Subdistrict No. 50 within Planned Development District No. 193, the Oak Lawn Special Purpose District.

Thoroughfares/Streets: 2


Z123-321(JH)

Thoroughfares/Street

Type

Existing ROW

N. Harwood Street

Local

60 ft.

McKinney Avenue

Minor Arterial

50 ft.

Parking/Traffic: The expected number of trips generated by the proposed use is 584 trips per day according to the trip rate for an office use as submitted by the applicant. A Traffic Impact Study is only required for proposals that generate more than 1,000 trips per day unless a waiver is issued. STAFF ANALYSIS: Comprehensive Plan: The request complies with the following land use goals and policies of the Comprehensive Plan because the development of the property as part of the larger office tower and structured parking development is a more appropriate land use than surface or underground parking in this location in Uptown. Proposed conditions promote a pedestrian, urban environment. LAND USE ELEMENT GOAL 1.1

ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES

Policy 1.1.3

Build a dynamic and expanded Downtown.

URBAN DESIGN GOAL 5.1

PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY

Policy 5.1.1 Policy 5.1.2

Promote pedestrian-friendly streetscapes. Define urban character in Downtown and urban cores.

Area Plans: Oak Lawn. The Oak Lawn Special Purpose District and the Oak Lawn Plan include the following objectives: (1)

To achieve buildings more urban in form.

(2) To promote and protect an attractive street level pedestrian environment with continuous street frontage activities in retail areas.

3


Z123-321(JH) (3) To encourage the placement of off-street parking underground or within buildings similar in appearance to non-parking buildings. (4) To promote development appropriate to the character of nearby neighborhood uses by imposing standards sensitive to scale and adjacency issues. (5) To use existing zoned development densities as a base from which to plan, while providing bonuses to encourage residential development in commercial areas. (6) To discourage variances or zoning changes which would erode the quantity or quality of single-family neighborhoods, or would fail to adhere to the standards for multiple-family neighborhoods and commercial areas. (7)

To promote landscape/streetscape quality and appearance.

The applicant’s request complies with all of the above objectives. Allowing the subject property to be developed with the adjacent property for office and structured parking is a higher and more appropriate land use than surface parking. Downtown 360. The Downtown Dallas 360 plan identifies Uptown as a “supporting district” to the focus of this implementation plan, which is the Central Business District bounded by Woodall Rodgers Freeway, Central Expressway, I-30 and I-35. The supporting districts are included as the recommended new definition of “Downtown Dallas.” The Downtown 360 Plan was adopted in April of 2011. Uptown is largely successful in balancing jobs, housing and services. As Dallas’s most dense neighborhood, Uptown consists of a wide mix of apartments, condominiums, townhouses, residential towers and historic homes. Despite these assets, large blocks and inward-oriented building architecture present challenges to pedestrian activity in many parts of the district. In the future, developments are expected to fill in gaps to assist in creating a truly walkable, transit-oriented urban neighborhood. With the Klyde Warren Park amenity across the south end of this Harwood Street block, the minimum front yard setback and minimum 10 foot sidewalk with complies with the following recommendations of the Downtown 360 plan: • Create a transit-oriented, walkable neighborhood by developing new projects and redeveloping existing buildings with small setbacks, ground floors with high transparency, and retail/restaurant uses; address parking needs while envisioning no surface parking in front of buildings. • Improve walkability on key streets such as Field/Moody/Pearl, Cedar Springs and Maple by calming traffic, introducing on-street parking, making sidewalk widths consistent, and planting street trees. Land Use Compatibility:

4


Z123-321(JH) The applicant proposes to develop Subarea B and the adjacent HC Heavy Commercial Subdistrict zoned property at the southwest corner of Harwood Street and McKinney Avenue for a total area of 0.86 acres for an office tower and structured parking having a height in the range of 180 to 240 feet. Subarea B is currently restricted to underground or surface parking and local utilities land uses; maximum structure height of 15 feet; and maximum 50 square feet of floor area. The surrounding land uses are a mix of commercial and multiple-family uses. The property to the north is undeveloped. The history of PDS No. 66 is that it was created to facilitate the development of Subarea A as it is developed today. This block was zoned an HC Heavy Commercial subdistrict like properties to the north and west. The strict zoning restrictions in Subarea B were negotiated in the City Plan Commission and City Council public hearings in 2006 at a time when this area of Uptown was experiencing growth pressures; staff recommended PD conditions were not as restrictive for this tract. The applicantâ&#x20AC;&#x2122;s request was submitted for an HC Heavy Commercial Subdistrict. Staff recommended, and the applicant agreed to, amend PDS No. 66 Subarea B instead of the HC Subdistrict with deed restrictions. Staff supports allowing the property to develop as if it were in an HC Heavy Commercial Subdistrict with conditions more stringent than straight HC zoning for the front yard setback, sidewalk width, and pedestrian lighting. While PDS No. 66 currently requires a minimum front yard setback of 15 feet, staff was comfortable compromising between the HC Subdistrict setback and PDS No. 66 for a minimum front yard setback of 10 feet. The City Plan Commission recommended a minimum front yard setback of 12.5 feet and staff supports this change. Staff does not object to the increase in floor area from 50 square feet to the HC Heavy Commercial standards and allowing the property to be developed in a similar manner to surrounding properties because the proposed PD conditions are meeting the objectives of the Oak Lawn Plan and Downtown 360 Plan and the PDS conditions are improving the street level conditions above the HC Heavy Commercial Subdistrict regulations. This portion of Harwood Street will be developed with more front yard setback than the HC Heavy Commercial zoning that existed on both sides prior to 2006 and larger sidewalks than the minimum PDD No. 193 requirement. This will allow for a friendlier pedestrian connection to Klyde Warren Park for the office and multifamily uses in the area. Landscaping: Landscaping is required in accordance with PDD No. 193 of the Dallas Development Code.

5


Z123-321(JH) List of Partners/Principals/Officers

McKinney Harwood, LLC Patrick B. Shelby, Manager Aaron A. Shelby, Manager Lloyd Randall Shelby, Manager KDC, LLC Tobin Grove, Manager Steve Van Amburgh, Manager Jeff Innmon, Vice President

6


Z123-321(JH) CPC Minutes – October, 10, 2013 Z123-321(JH)

Planner: Jennifer Hiromoto

Motion: It was moved to recommend approval of an amendment to Subarea B of Planned Development Subdistrict No. 66, subject to a conceptual plan and revised conditions, as briefed with following changes: 1) Under SEC. S-66.104. CONCEPTUAL PLAN., delete “Subarea A.” reference in the first sentence. 2) Under SEC. S-66.104. CONCEPTUAL PLAN., delete Subarea B paragraph entirely, and 3) SEC. S-66.105. DEVELOPMENT PLAN, maintain all the language in subparagraph “b”, 3) SEC. S66.108. YARD, LOT, AND SPACE REGULATIONS, (b), second sentence to read: “Minimum setback from Harwood Street right-of-way is 12.5 feet”, and 4) SEC. S66.108. YARD, LOT, AND SPACE REGULATIONS, (e) Height, (3) maintain the language with the following provision to read “Maximum structure height in Subarea B is as permitted in HC District”, within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the southwest side of Harwood Street, southeast of McKinney Avenue. Maker: Second: Result:

Ridley Hinojosa Carried: 13 to 0

For: 13 - Anglin, Soto, Rodgers, Culbreath, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar Against: Absent: Vacancy:

0 1 - Wolfish 1 - District 5

Notices: Replies:

Area: 500 For: 2

Mailed: Against:

75 59

Speakers:

For: Karl Crawley, 900 Jackson St., Dallas, TX, 75202 Frank Stich, 4224 N. Hall St., Dallas, TX, 75219 Jim Harris, Address not given Andrew Bennett, 6104 Shadycliff Dr., Dallas, TX, 75240 Against: Frank Schubert, 1999 McKinney Ave., Dallas, TX, 75201 Dick Brink, 1999 McKinney Ave., Dallas, TX, 75201

7


Z123-321(JH) CPC Recommended PD Conditions Division S-66. PD Subdistrict 66. SEC. S-66.101. LEGISLATIVE HISTORY. PD Subdistrict 66 was established by Ordinance No. 26205, passed by the Dallas City Council on January 11, 2006. SEC. S-66.102. PROPERTY LOCATION AND SIZE. PD Subdistrict 66 is established on property generally located at the northeast corner of McKinney Avenue and St. Paul Street. The size of PD Subdistrict 66 is approximately 1.6 acres. SEC. S-66.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51 and Part I of this article apply to this division. In the event of a conflict, this division controls. In the event of a conflict between Chapter 51 and Part I of this article, Part I of this article controls. (b) In this division: (1) SUBDISTRICT means a subdistrict of PD 193; and (2) SUBAREA A and SUBAREA B mean the subareas shown on the conceptual plan (Exhibit S-66A). In the event of a conflict between the description of Subareas A and B in the Exhibit A of the ordinance establishing this subdistrict and the conceptual plan, the description in Exhibit A controls. (c) Unless otherwise stated, all references to articles, divisions, or sections in this division are to articles, divisions, or sections in Chapter 51. (d) Subarea A[This subdistrict] is considered to be a residential zoning district. Subarea B is considered to be a non-residential zoning district. SEC. S-66.104. CONCEPTUAL PLAN. Development and use of the Property must comply with the conceptual plan. In the event of a conflict between the text of this division and the conceptual plan, the text of this division controls.

8


Z123-321(JH) SEC. S-66.105. DEVELOPMENT PLAN. (a) Development and use of Subarea A must comply with the development plan for Subarea A (Exhibit S-66B). (b) For Subarea B, a development plan in compliance with the conceptual plan must be approved by the city plan commission before the issuance of any building permit to authorize work in Subarea B. (c) In the event of a conflict between the text of this division and a development plan, the text of this division controls. SEC. S-66.106. MAIN USES PERMITTED. (a) [Subarea A.] [(1)] Except as provided in this subsection, the only main uses permitted in Subarea A are those main uses permitted in the HC Heavy Commercial Subdistrict, subject to the same conditions applicable in the HC Heavy Commercial Subdistrict, as set out in Part I of this article. For example, a use permitted only by specific use permit (SUP) in the HC Heavy Commercial Subdistrict is permitted in this subarea only by SUP; a use subject to development impact review (DIR) in the HC Heavy Commercial Subdistrict is subject to DIR in this subarea; etc. (b)

[(2)] The following main uses are prohibited in Subarea A: (A) Utility and service uses. ---

Radio, television, or microwave tower. Telephone exchange, switching,

requirement. (B) Transportation uses. ---------

Airport or landing field. STOL (short takeoff or landing) port. Passenger bus station and terminal. Helicopter base. Heliport. Helistop. Railroad passenger station. Railroad team track.

(C) Community service uses. ---

Adult day care facility. Halfway house.

9

and

transmitting


Z123-321(JH) (D) Medical uses. ---

Hospital. Convalescent and nursing homes, hospice care, and related

--

Ambulance service.

institutions. (E) Educational uses. ------

Business school. Technical school. College, university, or seminary. College fraternity or sorority house. College dormitory.

(F) Recreation and entertainment uses. ---

Carnival or circus (temporary). Wax museum.

(G) Bar and restaurant uses. --

Dance hall.

(H) Professional, personal service, and custom crafts uses. -------

Trade center. Mortuary or funeral home. Commercial laundry or dry cleaning. Taxidermist. Broadcasting or recording studio. Commercial wedding chapel.

(I) Retail uses. ----

Liquor store. Feed store. Pawn shop.

(J) Motor vehicle related uses. --

Automobile or motorcycle display, sales, and service (inside

--

Automobile or motorcycle display, sales, and service

----

Auto auction. Auto glass, muffler, or seat cover shop. Auto parts sales (inside only).

display). (outside display).

10


Z123-321(JH) ------

Auto parts sales (outside display). Auto repair garage (inside). Auto painting or body rebuilding shop (inside). Car wash. Engine or motor repair shop.

(K) Commercial uses. ------

Plumbing, electrical, air conditioning, and heating shops. Lumber, brick, or building materials sales yard. Tool and equipment rental (inside display only). Stone, sand, or gravel mining. Sand, gravel, or earth sales and storage.

(L) Storage and waste disposal uses. ---

Warehouse. Inside salvage and reclamation.

(M) Animal related uses. ----

Farm or ranch. Veterinarian's office. Animal pound.

(N) Industrial and manufacturing uses. -------

U-cart concrete system. Light fabrication and assembly. Clothing manufacturing. Bedspread, drapes, and headboard manufacturing. Manufacturing laboratory. Corrugated cardboard box fabrication.

(b) Subarea B. The only main uses permitted in Subarea B are required and nonrequired off-street and underground parking and local utilities. An aboveground parking garage is prohibited in Subarea B. SEC. S-66.107. ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51P-193.108. For more information regarding accessory uses, consult Section 51P-193.108. (b) In this subdistrict, the following accessory uses are not permitted: -- Amateur communication tower.

11


Z123-321(JH) -- Open storage. -- Private stable. (c) In this subdistrict, the following accessory uses are permitted accessory to a multifamily use, provided that these accessory uses are primarily for the use of the occupants of the building, are contained entirely within the main building housing the multifamily use and connected parking garage, and have no exterior advertising or signs. -- Community centers (private), specifically including, but not limited to such amenities as health studio areas, wine storage areas, hot tubs, pools, steamrooms, poolside refreshment areas, offices (e.g. business centers, internet cafĂŠs, etc.) theatres, pool tables, meeting rooms, and demonstration/party kitchens. SEC. S-66.108. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Part I of this article. In the event of a conflict between this section and Part I of this article, this section controls.) (a) In general. Except as provided in this section, the yard, lot, and space regulations for the HC Heavy Commercial Subdistrict apply in this subdistrict. (b) Setbacks from street frontages. Minimum setback from McKinney Avenue [and Harwood Street] is 15 feet as shown on the conceptual plan. Minimum setback from Harwood Street is 12.5 feet. No minimum setback from St. Paul Street. (c) Side and rear setbacks. Minimum side and rear setback in Subarea A is 10 feet as shown on the conceptual plan. No side or rear setback is required in Subarea B. (d) Density. Maximum number of dwelling units in Subarea A is 230. (e) Height. (1) For multiple-family uses, maximum structure height in Subarea A is 285 feet. (2) In Subarea A, structures located on a roof, such as chimneys, clerestories, communication towers, cooling towers, elevator penthouses or bulkheads, mechanical equipment rooms, plaza or terrace structures, pool structures, skylights, vent stacks, and visual screens that surround mechanical equipment are allowed to project up to 25 feet above the maximum structure height. (3) Maximum structure height in Subarea B is 15 feet. (f) Maximum floor area.

12


Z123-321(JH) (1) Maximum floor area for all uses combined in Subarea A is 415,000 square feet. (2) Maximum floor area for all non-residential uses combined in Subarea A is 5,000 square feet. (3) Maximum floor area in Subarea B is 50 square feet. (g) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. SEC. S-66.109. OFF-STREET PARKING AND LOADING. (a) Consult Part I of this article for the specific off-street parking and loading requirements for each use. Consult the off-street parking and loading regulations of PD 193 for information regarding off-street parking and loading generally. (b) Subarea A, Parking structures with facades facing St. Paul Street, McKinney Avenue, and Harwood Street, must be either underground or have a facade consisting of any combination of pre-cast concrete (with or without stucco finish), stone, or metal finish provided that the metal finish matches design elements on the main structure for which parking is provided, and glass or louvers. Except for the garage entrances and exits, openings in these parking structure facades may not exceed 40 percent of the total parking structure facade area and must be concealed with louvers or enclosed with glass. (c) Subarea B. Parking structure facades must comply with the general requirements in Sect. 51P-193.127(a). SEC S-66.110. ENVIRONMENTAL PERFORMANCE STANDARDS. (a) In general. Except as provided in this section, see Article VI. (b) LEED certification in Subarea A. (1) A United States Green Building Councilâ&#x20AC;&#x2122;s Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004, must be submitted with an application for a building permit for development on the Property, indicating how development of the Property will comply with a certified designation (26 to 32 project points). The development plans submitted for a building permit must be certified by a LEED accredited professional designated by the department of development services. Prior to the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation. (2) If during development of the Property, the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system

13


Z123-321(JH) points acceptable under the United States Green Building Councilâ&#x20AC;&#x2122;s LEED rating system. (3) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department of development services certifies that the building complies with the LEED certified designation (26 to 32 project points). SEC. S-66.111. LANDSCAPING AND SIDEWALKS. (a) Landscaping and screening must be provided in accordance with the landscape and screening requirements of PD 193. (b) Sidewalks must be provided on the Property fronting on McKinney Avenue, Harwood Street, and St. Paul Street, with a minimum of five feet of parkway provided between the sidewalk and the curb. The McKinney Avenue and the Harwood Street sidewalk must be at least 10 feet wide, and the St. Paul Street sidewalk must be at least seven feet wide. The St. Paul Street sidewalk must be located at least two feet away from any building on the Property. (d) Pedestrian scale lighting must be provided in Subarea B at an average of one lighting fixture per 30 feet of street frontage. SEC. S-66.112. SIGNS. Signs must comply with the provisions for business zoning districts in Article VII. SEC. S-66.113. ADDITIONAL PROVISIONS. (a) The entire Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (c) Except as otherwise provided in this division, development and use of the Property must comply with Part I of this article. SEC. S-66.114. PAVING. All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation.

14


Z123-321(JH) SEC. S-66.115. COMPLIANCE WITH CONDITIONS. The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, in this subdistrict until there has been full compliance with this division, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. S-66.116. ZONING MAP. PD Subdistrict 66 is located on Zoning Map J-7.

15


Z123-321(JH)

CONTINENTAl

:z

'41;<°'

5

§ 0

VICINITY MAP 1:6,000

16

Case no:

Z123-321

Date:

8/29/2013


Z123-321(JH)

Undeveloped

Commercial

Mixed uses Multifamily

Undeveloped

Commercial Multifamily

Commercial

17


Z123-321(JH)

1

2

18


Z123-321(JH)

0

g ;o

"'~ "'O

z

fJ;o

8

0

15 . 73

10

x

- - -75- - - Propert y Owners Notified (19 parcels)

Z123-321

- - -2- - - Replies in favor (3 parcels)

__ __

___5.;;_;9 _ _ _ Replies in Opposition (1 parcels)

500' Area of Notification 10/10/2013 Dote 9/26/2013 Under Advisement ::...::,.::...._

19

CPC 1:2,400


Z123-321(JH) 10/11/2013

Reply List of Property Owners Z123-321 75 Property Owners Notified Owners Opposed

2 Property Owners in Favor 59 Property

Reply Label # Address O

Owner

1

1936

MCKINNEY AVE

MCKINNEY HARWOOD LLC

2

1899

MCKINNEY AVE

PEARL REALTY HOLDINGS LLC

3

1845

WOODALL RODGERS FWY

4

1920

MCKINNEY AVE

FULTON HAROLD R 1997

5

2101

PEARL ST

CHASE BANK OF TX NA

6

2130

OLIVE ST

DAL UPTOWN LLC

7

2122

OLIVE ST

BRAHAM DENIS C TR

8

2001

MCKINNEY AVE

CRESCENT REAL ESTATE

9

1919

MCKINNEY AVE

HKS BUILDINGS LP

10

1900

CEDAR SPRINGS RD

SE 1900 CEDAR SPRINGS LP

11

1909

WOODALL RODGERS FWY

12

2121

HARWOOD ST

L & W REAL ESTATE LLC

13

1900

MCKINNEY AVE

1900 MCKINNEY PROPERTIES

14

2100

MCKINNEY AVE

METROPOLITAN LIFE INC CO

X

15

1999

MCKINNEY AVE

ARZOLA FERNANDEO L

X

16

1999

MCKINNEY AVE

MOORE F DAVID

X

17

1999

MCKINNEY AVE

ARROYO DEANNE ALYSSA

X

18

1999

MCKINNEY AVE

CHEN PHILIP

X

19

1999

MCKINNEY AVE

SMITH WALTER G &

X

20

1999

MCKINNEY AVE

KALIL STEPHEN A &

X

21

1999

MCKINNEY AVE

GARRETT MICHAEL L &

X

22

1999

MCKINNEY AVE

GANTI RISHI

X

23

1999

MCKINNEY AVE

JAIN ANISH K &

X

24

1999

MCKINNEY AVE

HENDRICKSON DWIGHT ETAL

X

25

1999

MCKINNEY AVE

ANDERSON MELISA ANN D

X

26

1999

MCKINNEY AVE

CURTIS AUDREY A

O

20

CHARTER WOODALL PARNTERS

L & W REAL ESTATE LLC


Z123-321(JH) 10/11/2013

Reply Label # Address

Owner

X

27

1999

MCKINNEY AVE

STALEY MARY

X

28

1999

MCKINNEY AVE

REID ROBERT & DAHLIA REID

X

29

1999

MCKINNEY AVE

HUTCHINSON WILLIAM L & SUZANNE S

X

30

1999

MCKINNEY AVE

SHARP THOMAS L

X

31

1999

MCKINNEY AVE

DEANE BELINDA

X

32

1999

MCKINNEY AVE

BUGG ROBERT C

X

33

1999

MCKINNEY AVE

SALES SUSAN CAROLINE

X

34

1999

MCKINNEY AVE

MEDINA MICHAEL A

X

35

1999

MCKINNEY AVE

KAYE JONATHAN D

X

36

1999

MCKINNEY AVE

1999 MCKINNEY AVE#807 LAND TRUST

X

37

1999

MCKINNEY AVE

STUVE OLAF &

X

38

1999

MCKINNEY AVE

WERBNER MARK

X

39

1999

MCKINNEY AVE

RUVALCABA RICK & MICHELLE

X

40

1999

MCKINNEY AVE

ARNOLD VANCE M ETAL

X

41

1999

MCKINNEY AVE

MYERSCOUGH PATRICK J

X

42

1999

MCKINNEY AVE

CAIRE JACQUELINE

X

43

1999

MCKINNEY AVE

HOLLOCK MARY

X

44

1999

MCKINNEY AVE

MOORE LARRY H &

X

45

1999

MCKINNEY AVE

SCHUBERT FRANK B &

X

46

1999

MCKINNEY AVE

NADLER ERIC

X

47

1999

MCKINNEY AVE

JONES RUSSELL T &

X

48

1999

MCKINNEY AVE

UDASHEN ROBERT & KAREN S

X

49

1999

MCKINNEY AVE

HAINES CAPITAL GROUP LLC

X

50

1999

MCKINNEY AVE

OREILLY MATTHEW

X

51

1999

MCKINNEY AVE

DALE BRUCE

X

52

1999

MCKINNEY AVE

BRINK RICHARD R &

X

53

1999

MCKINNEY AVE

OBERING MIHOKO K

X

54

1999

MCKINNEY AVE

BRADFORD TED R

X

55

1999

MCKINNEY AVE

BRUNT WILLIAM B

X

56

1999

MCKINNEY AVE

WOMACK STEVEN W

X

57

1999

MCKINNEY AVE

CAIRE MARY

21


Z123-321(JH) 10/11/2013

Reply Label # Address

Owner

X

58

1999

MCKINNEY AVE

HOWREY DANIEL L

X

59

1999

MCKINNEY AVE

EDMISTON ANGIE L

X

60

1999

MCKINNEY AVE

CLB PARTNERS, LTD.

X

61

1999

MCKINNEY AVE

ABINGTON TOM E & GLYNDA C

X

62

1999

MCKINNEY AVE

WHITE JIM

X

63

1999

MCKINNEY AVE

MYERSCOUGH DAVID TRUSTEE

X

64

1999

MCKINNEY AVE

WINTER F DAVID JR & RENEE

X

65

1999

MCKINNEY AVE

ETTER THEODORE F JR

X

66

1999

MCKINNEY AVE

LOMAT INVESTMENTS INC

X

67

1999

MCKINNEY AVE

TABBAL GEORGES

X

68

1999

MCKINNEY AVE

HORTON EMILY

X

69

1999

MCKINNEY AVE

PRITCHARD JOHNNY G &

X

70

1999

MCKINNEY AVE

ASHMORE GLEN A

X

71

1999

MCKINNEY AVE

EISENSTEIN ABRAM &

X

72

1999

MCKINNEY AVE

1999 MCKINNEY AVE#2007 LAND TRUST

X

73

1999

MCKINNEY AVE

LEDBETTER FINLEY & JONI

74

2000

MCKINNEY AVE

2000 MCKINNEY INVESTMENT

75

2000

MCKINNEY AVE

PARKSIDE RESIDENTIAL LP

22


AGENDA ITEM # 76 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195

MAPSCO:

35 U

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development Subdistrict for GR General Retail Subdistrict Uses on property zoned a GR General Retail Subdistrict and an O-2 Office Subdistrict, with deed restrictions on the northern portion of the site currently zoned an O-2 Office Subdistrict, within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the northeast line of Fitzhugh Avenue, between Cole Avenue and McKinney Avenue Recommendation of Staff and CPC: Approval, subject to a development plan, landscape plan, and conditions, with retention of the existing deed restrictions Z123-265(RB) Note: This item was considered by the City Council at a public hearing on October 23, 2013, and was taken under advisement until November 12, 2013, with the public hearing open


HONORABLE MAYOR & CITY COUNCIL

TUESDAY, NOVEMBER 12, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER: Z123-265(RB)

DATE FILED: April 24, 2013

LOCATION: Northeast Line of Fitzhugh Avenue, between Cole Avenue and McKinney Avenue COUNCIL DISTRICT: 14

MAPSCO: 35 U

SIZE OF REQUEST: Approx. 1.8 Acres

CENSUS TRACT: 7.02

APPLICANT:

Trinsic Acquisition Company, LLC

OWNER:

Hope Cottage, LLC

REPRESENTATIVE:

Tommy Mann

REQUEST: An application for a Planned Development Subdistrict for GR General Retail Subdistrict Uses on property zoned a GR General Retail Subdistrict and an O-2 Office Subdistrict, with deed restrictions on the northern portion of the site currently zoned an O-2 Office Subdistrict, within Planned Development District No. 193, the Oak Lawn Special Purpose District. SUMMARY: The applicant is proposing to redevelop the site with 193 multiple family dwelling units. The existing deed restrictions that limit structure height, floor area ratio, and prohibit certain uses will be retained. CPC RECOMMENDATION:

Approval, subject to a development plan, landscape plan, and conditions, with retention of the existing deed restrictions.

STAFF RECOMMENDATION:

Approval, subject to a development plan, landscape plan, and conditions, with retention of the existing deed restrictions.

DESIGNATED ZONING CASE

1


Z123-265(RB) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval subject to a development plan, landscape plan, and conditions with retention of the existing deed restrictions based upon: 1. Performance impacts upon surrounding property – As a proposed residential development, impact on adjacent properties (lighting, noise, odor) are not anticipated. 2. Traffic impact – The proposed development will create a reduction of vehicle trips/day as compared to typical nonresidential development permitted by the existing zoning. 3. Comprehensive Plan or Area Plan Conformance – The request is in compliance with the designated Building Block for the area. Additionally, the request as recommended in the attached conditions complies with the Oak Lawn Special Purpose District and Oak Lawn Plan criteria for redevelopment. 4. The applicant has worked with staff to ensure various provisions (i.e., balcony/open seating areas in the Restricted Area) are provided for to ensure compatibility with adjacent medium-density residential uses. BACKGROUND INFORMATION: •

The property is developed with a commercial structure and surface parking area.

The applicant proposes to demolish the existing structure and redevelop the property with 193 multiple family dwelling units.

The applicant is requesting a PDS for consideration of the following: 1) increase in floor area by 13,676 square feet for the GR Subdistrict portion of the site; 2) reduced front yard setbacks for the GR Subdistrict portion of the site; and 3) permit balconies to encroach (five feet) into a portion of the front yards

Existing deed restrictions on the northern portion of the property zoned for O-2 Subdistrict Uses limits structure height to 42 feet, limit FAR to 2.0:1, and prohibit certain uses. As staff is providing for these same regulations/restrictions in the attached recommended conditions, the applicant has requested they be retained per discussions with surrounding property owners.

Zoning History: Other than noted above, there has been no recent zoning activity in the immediate area relevant to the request.

2


Z123-265(RB) Thoroughfare

Existing & Proposed ROW

Fitzhugh Avenue

Minor Arterial; 90’ & 90’ ROW

Cole Avenue

Minor Arterial; 80’ ROW

McKinney Avenue

Minor Arterial; 80’ ROW

Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined it will not impact the surrounding street system. STAFF ANALYSIS Area Plans: The Oak Lawn Special Purpose District and the Oak Lawn Plan include the following objectives: (1) (2) (3) (4) (5) (6)

(7)

To achieve buildings more urban in form. To promote and protect an attractive street level pedestrian environment with continuous street frontage activities in retail areas. To encourage the placement of off-street parking underground or within buildings similar in appearance to non-parking buildings. To promote development appropriate to the character of nearby neighborhood uses by imposing standards sensitive to scale and adjacency issues. To use existing zoned development densities as a base from which to plan, while providing bonuses to encourage residential development in commercial areas. To discourage variances or zoning changes which would erode the quantity or quality of single-family neighborhoods, or would fail to adhere to the standards for multiple-family neighborhoods and commercial areas. To promote landscape/streetscape quality and appearance.

The site is developed with a commercial structure and surface parking area. The applicant is proposing to remove all improvements to support a multiple family development. The applicant has worked with staff to achieve the above stated objectives. With respect to Objective No. 2, it should be noted the proposed development will not provide for retail uses, however the site’s Fitzhugh Avenue frontage will link to the nonresidential uses both east and west of the site.

3


Z123-265(RB) Comprehensive Plan: The request site is located in an area considered Urban MixedUse. The Urban Mixed-Use Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Examples include Uptown, the City Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or mid-rise commercial towers to townhomes and small corner shops. Good access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use Building Blocks offer employment and housing options and are important economic growth areas for businesses. People on foot or bike can enjoy interesting storefronts at ground level with benches, public art, on-street parking and wide sidewalks, creating an appealing streetscape. Large parking areas and other auto-oriented land uses are typically located at the edges. LAND USE ELEMENT GOAL 1.2 Promote desired development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. Land Use Compatibility: For orientation purposes, the site currently is zoned for O-2 Subdistrict Uses for the northern portion (approx. 28,000 square feet and noted as the Restricted Area on the attached development plan) while the balance of the site is zoned for GR Subdistrict Uses. See table accompanying table for a comparison of existing/proposed provisions. The site possesses three street frontages. The surrounding area consists of a mix of uses, with the concentration of low-to-medium density uses immediately north of the site, with various office and retail uses located to the south along both sides of Fitzhugh Avenue. Ben Milam Elementary School is situated at the northeast corner of Fitzhugh Avenue and McKinney Avenue. The applicant has worked with staff to require certain design criteria is incorporated into the development with sensitivities to the residential character to the north along Cole Avenue and McKinney Avenue. For example, the applicant has agreed to limit balcony/open areas be contained within 36 feet above grade along the northern faรงade of the northernmost structures. Lastly, a commitment to at grade and above grade private open space will ensure the development possesses a more urban residential feel.

4


Z123-265(RB) As a result of this analysis, staff supports the applicantâ&#x20AC;&#x2122;s request, subject to the attached plans and recommended conditions, the difference between the applicant and staff being a requirement to maintain the additional setback for structures within the Restricted Area (see development plan) that exceed 36 feet in height. Off-Street Parking: Off-street parking will be provided as required by PDD No. 193. Landscaping: The applicant has worked with the city arborist to ensure the attached landscape plan complies with the intent of the landscape requirements of PDD No. 193.

5


Z123-265(RB) Provision

Existing O-2

Existing GR

F/S/R YARD SETBACKS

25’/10’/15’ PLUS FRONT- ½ HT GREATER THAN 36’ TO MAX OF 50’; S/R -1’ FOR EACH OVER 36’ TO MAX OF 50’

10’/10’/25’ PLUS FRONT- ½ HT GREATER THAN 36’ TO MAX OF 50’; S/R -1’ FOR EACH OVER 36’ TO MAX OF 50’

DENSITY

BASED ON LAND AREA/TYPE UNIT: EFF-1 DU/100 SF; 1 BR125 SF/DU; 2 BR-150 SF/DU; +25 SF/DU GREATER 2:1 (DEED RESTRICTED) ~56,680 SF

BASED ON LAND AREA/TYPE UNIT: EFF-1 DU/100 SF; 1 BR125 SF/DU; 2 BR-150 SF/DU; +25 SF/DU GREATER 2:1 PLUS 0.5:1 WHEN MF COMPRISES A MINIMUM OF 1:1 RESIDENTIAL ~136,868 SF 120’

FLOOR AREA RATIO

Proposed (total area) 10’/10’/10’ PLUS ADDL SETBACKS FOR THE RESTRICTED AREA; BALCONIES 5’ INTO FRONT YARD, SUBJECT TO 15’ CLEAR FROM SIDEWALK CAP DENSITY AT 200 DWELLING UNITS

2.75:1 ~211,255 SF

STRUCTURE HEIGHT

42’ (DEED RESTRICTED)

LOT COVERAGE

75%

80%

75%

LANDSCAPING

PDD 193

PDD 193

SITE SPECIFIC PLAN COMPLIES WITH SPIRIT OF PDD NO. 193

OFF-STREET PARKING

PDD 193

PDD 193

PDD 193

MISCELLANEOUS

N/A

N/A

LIMIT BALCONY/OPEN AREAS ABOVE 36’ FOR RESTRICTED AREA, DESIGN CRITERIA, PEDESTRIAN AMENITIES

6

RESTRICTED AREA-42’ BALANCE-85’ PLUS 12’ FOR MECHANICALS


Z123-265(RB) CPC ACTION (September 26, 2013) Motion: It was moved to recommend approval of a Planned Development Subdistrict for GR General Retail Subdistrict Uses, subject to a revised development plan, landscape plan, and conditions, with retention of the existing deed restrictions on property zoned a GR General Retail Subdistrict and an O-2 Office Subdistrict, with deed restrictions on the northern portion of the site currently zoned an O-2 Office Subdistrict, within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the northeast line of Fitzhugh Avenue, between Cole Avenue and McKinney Avenue. Maker: Ridley Second: Bernbaum Result: Carried: 14 to 0 For:

Against: Absent: Vacancy: Notices: Replies: Speakers:

Area: For:

14 - Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar 0 1 - Davis 0

500 5

Mailed: 427 Against: 128

For: Tommy Mann, 500 Winstead Bldg., Dallas, TX, 75270 Frank Stich, 4224 N. Hall St., Dallas, TX, 75219 Anthony Evan, Against: Robert Goldberg, 4219 McKinney Ave., Dallas, TX, 75205 Barbara Carr, 4239 McKinney Ave., Dallas, TX, 75205 Steven Happel, 4121 McKinney Ave., Dallas, TX, 75204 Steph Compton, 2847 Brooklyn Ave., Dallas, TX, 75211

7


Z123-265(RB)

8


Z123-265(RB) CPC RECOMMENDED CONDITIONS "DIVISION S-

.

PD 193 SUBDISTRICT. SEC. S-

.101.

LEGISLATIVE HISTORY.

Planned Development Subdistrict ___ for GR General Retail Subdistrict uses within Planned Development District No. 193 ("PD Subdistrict ___") was established by Ordinance No. ____________ passed by the Dallas City Council on , 2013. SEC. S-

.102.

PROPERTY LOCATION AND SIZE.

PD 193 Subdistrict ___ is established on property generally located along the northeast line of Fitzhugh Avenue, between Cole Avenue and McKinney Avenue. The size of PD 193 Subdistrict ___ is approximately 1.81 acres. SEC. S-

.103.

DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51 and Part I of this article apply to this division. If there is a conflict, this division controls. If there is a conflict between Chapter 51 and Part I of this article, Part I of this article controls. (b)

In this division, SUBDISTRICT means a subdistrict of PD 193.

(c) RESTRICTED AREA means the northern portion of the site identified on the development plan that prohibits certain uses as well as provides for certain yard/lot/space regulations. (c) Unless otherwise stated, all references to articles, divisions, or sections in this ordinance are to articles, divisions, or sections in Chapter 51. (d)

This district is considered to be a nonresidential zoning district.

SEC. S-____.104 (a)

EXHIBITS.

The following exhibits are incorporated into this division: (1)

Exhibit S-__A: development plan.

(2)

Exhibit S-__B: landscape plan.

SEC. S-____.105.

DEVELOPMENT PLAN.

(a) Development and use of the Property must comply with the development plan (Exhibit ___) and landscape plan (Exhibit ___). In the event of a conflict between the text of this division and the development plan or landscape plan, the text of this division controls. SEC. S-____.106.

MAIN USES PERMITTED. 9


Z123-265(RB) (a) Except as otherwise provided herein, the main uses permitted in this district are those main uses permitted in a PD 193 GR General Retail Subdistrict, subject to the same conditions applicable in the GR General Retail Subdistrict, as set out in PD 193. For example, a use permitted in a PD 193 GR General Retail Subdistrict only by specific use permit (SUP) is permitted in this Subdistrict only by SUP, and a use subject to development impact review (DIR) in a PD 193 GR General Retail Subdistrict is subject to DIR in this district, etc. (b)

The following uses are prohibited within the Restricted Area: (1)

Residential Uses. --Overnight general purpose shelter.

(2)

Utility and Service Uses. --Commercial radio or television transmitting station. --Sewage treatment plant.

(3)

Community Service Uses. --Halfway house.

(4)

Medical Uses. --Medical or scientific laboratory.

(5)

Bar and Restaurant Uses. --Bar, lounge, or tavern. --Private club. --Dance hall.

(6)

Motor Vehicle Related Uses. --Service station.

SEC. S-

.107.

ACCESSORY USES.

As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51P-193.108. For more information regarding accessory uses, consult Section 51P-193.108.

SEC. S-

.108.

YARD, LOT, AND SPACE REGULATIONS.

10


Z123-265(RB) (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot and space regulations in Part I of this article. In the event of a conflict between this section and Part I of this article, this section controls.) (a) Front, Side and Rear Yards. Except as provided in this subparagraph, minimum front, side, and rear setback is ten feet. (1) For the Restricted Area, an additional front yard setback must be provided equal to one-half foot for each foot of structure height greater than 36 feet, up to a maximum total setback of 50 feet. (2) For the Restricted Area, an additional side and rear yard setback must be provided equal to one foot for each foot of structure height greater than 36 feet, up to a maximum total setback of 50 feet. (3) Except as provided in this subsection, no additional setbacks are required as provided for by Section 51P-193.118(c) and 51P-119(c)(1). (4) A fence at the northeast corner of the Property, located as shown on the development plan, may be a maximum of six feet in height and may be located within the front yard on McKinney Avenue. (5)

Retaining walls up to a maximum of 6 feet in height may be located in the

front yard. (6) Balconies may encroach into a front yard a maximum of five feet, a minimum 15 feet above the sidewalk, for a maximum of 140 linear feet. (7) Balconies may encroach into a side yard a maximum of five feet, a minimum 15 feet above the sidewalk, for a maximum of 15 linear feet. (b)

Height. Except as provided in this subsection, maximum structure height is 85

feet. (1) The following structures may project a maximum of 12 feet above the maximum height and may not exceed 15 percent of the rooftop surface area. (A)

Elevator penthouse or bulkhead.

(B)

Mechanical equipment room.

(C)

Cooling tower.

(D)

Tank designed to hold liquids.

(E)

Ornamental cupola or dome.

(F)

Skylights.

11


Z123-265(RB) (G)

Clerestory.

(H) Visual screens which surround roof mounted mechanical equipment. (I)

Chimney and vent stacks.

(J)

Amateur communications tower.

(K)

Parapet wall, limited to a height of four feet.

(2) Maximum structure height in the Restricted Area is 42 feet as measured from grade to the highest point of the structure. (c)

Density. Maximum density is 200 dwelling units.

(d)

Floor Area Ratio. (1)

Except as provided in this subparagraph, maximum floor area ratio is

(2)

Maximum floor area ratio for the Restricted Area is 2.0:1.

2.75:1.

(e)

Lot Coverage. Maximum lot coverage is 75 percent.

(f)

Urban Design Requirements.

(1) A minimum five foot wide sidewalks with minimum of a five foot tree planting zone between the back of curb and the sidewalk shall be provided. (2) A minimum of two of each of the following pedestrian amenities must be provided along for each 300 linear feet of street frontage or fraction thereof: (A) benches (B) trash receptacles, and (C) bicycle racks (at least one five-bike rack must be provided). (3)

Facades.

(A) Street-facing facades must have building articulation with a minimum depth of one foot every 75 feet of length. (B) each street facing facade.

A minimum of two different facade materials must be provided on

(4) Architectural Elements. Architectural elements, such as the following, must be provided at all public entry points:

12


Z123-265(RB)

SEC. S(a)

.109.

(A)

Architecturally prominent public entrances,

(B)

Canopies,

(C)

Awnings,

(D)

Attached towers, or

(E)

Turrets. OFF-STREET PARKING AND LOADING.

Except as provided in this section, see Part I of this article.

(b) Exterior parking structure facades are those facades on an aboveground parking structure that are visible from a public right-of-way. The exterior parking structure facade must be concealed with a facade that is similar in materials, architecture, and appearance to the facade of the main structure. Openings in the exterior parking structure facade may not exceed 50 percent of the total parking structure facade area. An aboveground exterior parking structure facade which faces a public right-of-way must provide solid screening a minimum 42 inches from the floor level within the parking structure to screen vehicles and vehicle headlights. Openings must be screened with architectural grill work or other decorative visual screening materials that provide ventilation. SEC. S-

.110.

ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI of Chapter 51A, Dallas Development Code, as amended. SEC. S-

.111.

LANDSCAPING.

Landscaping must be provided as shown on the attached landscape plan. SEC. S-

.112.

OPEN SPACE.

(a) A minimum of 5,000 square feet of at grade common open space must be provided in the location shown on the development plan. (b) At grade common open space must be primarily open to the sky but structures that are not fully enclosed such as colonnades, pergolas, and gazebos are allowed. (c) At least 240 square feet of private open space for each dwelling unit within the restricted area must be provided. (d) A minimum of 7,350 square feet must be provided as above grade common open space. Above grade open space may be provided through the use of an outside roof deck, rooftop garden, pool area, or similar type of outside common area.

13


Z123-265(RB) (e) For purposes of this section, all open space is considered for the exclusive use of occupants of the Property. SEC. S-

.113.

ADDITIONAL PROVISIONS.

(a) Balconies or open seating areas in the Restricted Area facing north on the northernmost structures are prohibited for any portion of a balcony or open seating area that is greater than 36 feet above grade. (b) appearance.

The Property must be properly maintained in a state of good repair and neat

(c) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. S-____.114.

COMPLIANCE WITH CONDITIONS

(a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, in this Subdistrict until there has been full compliance with this division, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of thy city, as applicable.

14


Z123-265(RB)

15

Proposed Development Plan


Z123-265(RB)

Proposed Landscape Plan 16


Z123-265(RB)

960 25 0 QEED B ESTRICTJQNS THE STATE OF TEXAS COUNTY OF DALLAS

§ § §

KNOW ALL PERSONS BY THESE PRESENTS:

I.

The underligned. THE HOPE •COTTAGE, ADOPTION CENTER, a Texas corporation (tlle ~Owner") is the owoet of ~Jollowins described propeny (the " Property"), beina in panicular Lou 3 and 14, City Bleck~ City of Dallas ("City"), Dallas Counly, Teus, and being that same tract of land conv~ to it by 4209 McKinney Building, LID. by deed dated March I, 1978, and recorclod in VOiume 78043, P-ae 224S in the Deed Reconls of Dallas Couoty and being tbat same tract of land conveyed to it by Lloyd Euap<ises by deed dated Au,ust 1. 1983. and recorded in Votwnc 83160, Plge 0110 in tbe Decd Ra:oids of Dallas Cowiry and beiila more particululy describes as follows:

All of Locs 3 and 14 in City Bloclc~ Crollling appn:>ximalely 7S feet OD tbe ooroi-st line of McKinney A - . beginning 11 a~ approximacely 130.Jj feet oonbeast or the oortbeast line of Fitzhugh Avellle, ml frolling approxlmalely 7$ !«ton the southrast line otCole AVCIBle, beginning at a poim apprQximale)y 147.31 feet oonbeast of the oonhcast line ofFilzbugh avenue, and containing approximately 28.SOO square feet of land. II.

The Owner does hereby impress all of ·the Property willl tbe followin& clccd resttiaions (.reslrictions "). to wit: A.

The maximum beigbl of 811)' building is 42 feet . Heigbl means the vertical di.wice from grade to tile hi&best point of tbe Slnlerure.

B.

The maximum floor area rllio is 2.0 squaic feet ofbuildin& an:a to LO square foot ofland.

C.

1be following uses ate not permitted on the Pmpeny: I.

B@cnti•I l Jso

PW> lll.STBI(;]lONS

17


Z123-265(RB)

960250 2.

lltjlity

and Smi£C I f¥n1

-- Commercial radio or television tranSmitting s1a1ion -·Sewage uu1men1 plan• 3.

Community Services Uses

•• Halfway house 4.

Mcdjcal l Jses

- Medical or scientific laboralo<y

5.

IW AOd Bcstall!MI 11$CS

- Bor, lounae or~ -PrivalOclub -Dance ball

6.

Motor Ychh;lc Rcl•cd

tJscs

- Service s1a1ion

m. These ~ shall CO..U..C in fUll force Ind effa:t for a period of iwemy (20) yean from Ibo dale of execution. and shall aul011Wlcally be cxinded for an additional period of 1eD (10) years unless amended or terminaled in Ibo manner specified in this clocumeal.

IV. These 1esuiaiom may be mncuded or 1etD1im1ed ooly alber a public haring before Ibo City Plan Commission and a public beariQs before and approval by Ibo City Council of lbe City. Notice of 1bc public bariDp mlllt be pven u would be requiled by law for a rolling change on Ibo Propeny. The ameodins or 1£fmlnatiq instnunent be approved u 10 form by 1bc city attorney. If 1bc City Cowll:il approves an amendment or lmDinalion of lbeae retlrictioos. lbe Owner must 1hcn file 1bc amendina or lmllinatina insuumem in me Deed Records of Ille COUDly where I.he Property is localed al his or her sole cost Ind expense before 1bc amcndmcnl or lennination becomes effective.

mus•

Qp:n lfSDJrnONS

18


Z123-265(RB)

19


Z123-265(RB)

Retail, Office Multiple family

Public Elementary school

Retail, Office

20


Z123-265(RB)

CPC RESPONSES

___4_2_7_ _ Property Owners Notified (71 parcels) _ ____;._5_ _ _ Replies in Favor (5 parcels) _ _...:;1.::;2...::.'8_ _ Replies in Opposition (5 parcels) ___ 50 _0_ ' __ Area of Notificat ion 9/26/2013 Date

Z123- 265

CPC 1:3,600

21


Z123-265(RB) 9/26/2013 

 

Reply List of Property Owners 

 

Z123-265 

    427  Property Owners Notified  Owners Opposed   

5  Property Owners in Favor 

Reply  Label #  Address 

128  Property

Owner 

 

4214 

COLE AVE 

HOPE COTTAGE INC 

 

4209 

MCKINNEY AVE 

HOPE COTTAGE INC 

 

 

3122 

FITZHUGH AVE 

TEXACO INC 

 

 

4131 

CENTRAL EXPY 

GAEDEKE HOLDINGS II LTD 

 

 

3121 

FITZHUGH AVE 

WENINGER JOHN 

 

 

4136 

COLE AVE 

4136 COLE LLC 

 

 

3209 

FITZHUGH AVE 

LAWS STREET LP 

 

 

3215 

FITZHUGH AVE 

CENTER & MILLER CO INC 

 

 

4145 

TRAVIS ST 

STILLWATER TRAVIS LP 

 

 

10 

3333 

FITZHUGH AVE 

LEVY MAURICE 

 

 

11 

3314 

FITZHUGH AVE 

MCCLUNG MELVIN C 

 

 

12 

4211 

TRAVIS ST 

BELCHER DONALD S 

 

 

13 

4203 

COLE AVE 

GRAND BANK CENTRAL AT 

 

 

14 

4207 

COLE AVE 

GRAND BANK CENTRAL 

 

 

15 

4235 

COLE AVE 

PIERSOL BYRON G 

 

 

16 

3219 

LEE ST 

KNOBLER DONALD G 

 

 

17 

4246 

TRAVIS ST 

WILSON JOHN KENNETH 

 

 

18 

4232 

TRAVIS ST 

IPENEMA INVESTMENTS LTD 

 

 

19 

3121 

LEE ST 

FULKS KENT ET UX VICKI 

 

 

20 

4246 

COLE AVE 

HILTON ARMS LC 

 

 

21 

4234 

COLE AVE 

KENT PAUL PROP INC 

 

 

22 

4226 

COLE AVE 

IPENEMA INVESTMENTS LTD 

 

 

23 

4200 

MCKINNEY AVE 

Dallas ISD 

 

 

24 

4230 

MCKINNEY AVE 

IVANYI INC 

 

 

25 

4302 

MCKINNEY AVE 

AREAC PPTIES INC 

 

 

26 

4300 

COLE AVE 

TRINITY CHURCH 

22


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

 

27 

4303 

COLE AVE 

TBP PK CITIES I LTD 

 

 

28 

4151 

CENTRAL EXPY 

LORTON CORPORATION THE 

 

 

29 

4152 

COLE AVE 

4152 COLE AVE PTNR LTD 

 

 

30 

4151 

MCKINNEY AVE 

4151 MCKINNEY JV 

 

 

31 

4144 

TRAVIS AVE 

MINER ROBERT H 

 

 

32 

4142 

TRAVIS AVE 

ECOB LEAH & ECOB PHILLIP 

 

 

33 

4140 

TRAVIS AVE 

BEER CLINTON J & SARA M 

 

 

34 

4138 

TRAVIS AVE 

TRAVIS TOWNHOMES LTD PS 

 

 

35 

4215 

TRAVIS ST 

HILLIARD CHELSEA LEIGH 

 

 

36 

4217 

TRAVIS ST 

KELLY STEVEN R & EVA 

 

 

37 

4219 

TRAVIS ST 

HAJEE OMAR NAVROZ 

 

 

38 

4225 

TRAVIS ST 

MURILLO ARMANDO 

 

 

39 

4223 

TRAVIS ST 

CHAN LORI A 

 

 

40 

4221 

TRAVIS ST 

BYWATERS ASHBURN JR 

 

41 

3224 

FITZHUGH AVE 

R&M I ENTERPRISES LLC 

 

42 

3220 

FITZHUGH AVE 

O SAE MUN & IN YE 

 

 

43 

4242 

TRAVIS ST 

4242 TRAVIS OWNERS ASSO 

 

 

44 

4242 

TRAVIS ST 

RISKEY STEVEN 

 

 

45 

4242 

TRAVIS ST 

WALDRON MICHAEL J 

 

 

46 

4242 

TRAVIS ST 

REVERCHON PARTNERS II LTD 

 

 

47 

4242 

TRAVIS ST 

KNOBLER DONALD G 

 

 

48 

4242 

TRAVIS ST 

BJORK JEFFREY S 

 

 

49 

4242 

TRAVIS ST 

BANFI ELENA 

 

 

50 

4242 

TRAVIS ST 

ONGENA JOSHUA P 

 

 

51 

4242 

TRAVIS ST 

HUTYRA KATHERINE 

 

 

52 

4242 

TRAVIS ST 

KORNGIEBEL CHIAMIN H & ROBERT W 

 

 

53 

4242 

TRAVIS ST 

CARDONA JORGE I 

 

 

54 

4242 

TRAVIS ST 

WALTER CHRISTOPHER K 

 

 

55 

4242 

TRAVIS ST 

DEAL MASON CHANDLER 

 

 

56 

4245 

CENTRAL EXPY 

4245 UPTOWN LP 

 

57 

4303 

CENTRAL EXPY 

RANDALL B ISENBERG INV 

23


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

 

58 

4122 

TRAVIS ST 

LAMB KENNETH S 

 

 

59 

4122 

TRAVIS ST 

LANDRY CHRISTOPHER J 

 

 

60 

4122 

TRAVIS ST 

BENDER BRIAN T 

 

 

61 

4122 

TRAVIS ST 

YUAN LIVING TRUST 

 

 

62 

4122 

TRAVIS ST 

TELSCHOW ROBERT D 

 

 

63 

4122 

TRAVIS ST 

HERRING JAMES E 

 

 

64 

4122 

TRAVIS ST 

SANDERS CHRISTOPHER DAVID 

 

 

65 

4122 

TRAVIS ST 

PALCHIK BORIS & 

 

 

66 

4122 

TRAVIS ST 

CASHAM WILLIAM M 

 

 

67 

4122 

TRAVIS ST 

STAMSON GREGORY CLAYTON 

 

 

68 

4122 

TRAVIS ST 

CHACON ANDRES J & CLAUDIA M 

 

 

69 

4122 

TRAVIS ST 

KRESH JENNIFER 

 

 

70 

4122 

TRAVIS ST 

ROBERTS BRETT 

 

 

71 

4122 

TRAVIS ST 

STEINMETZ SUZANNE M 

 

 

72 

4122 

TRAVIS ST 

GOOD DANIEL J 

 

 

73 

4122 

TRAVIS ST 

GONZALEZ STEVEN J 

 

 

74 

4122 

TRAVIS ST 

MACALLISTER NOREEN K 

 

 

75 

4122 

TRAVIS ST 

LEE JAMES 

 

 

76 

4122 

TRAVIS ST 

WHITE ELISA D 

 

 

77 

4307 

MCKINNEY AVE 

ARBONA JORGE 

 

 

78 

4307 

MCKINNEY AVE 

HAGHAYEGHI MEHRDAD & 

 

 

79 

4307 

MCKINNEY AVE 

DONSKEY SUZANNE W 

 

 

80 

4307 

MCKINNEY AVE 

DUNCAN NOLAN S 

 

 

81 

4307 

MCKINNEY AVE 

DEALANO TOMMY EDWARD 

 

 

82 

4307 

MCKINNEY AVE 

ORTMANN DUSTIN H 

 

 

83 

4307 

MCKINNEY AVE 

MCELROY MARY & TERRY S JOINT TENANTS WIT 

 

 

84 

4307 

MCKINNEY AVE 

ROGERS LESLIE D 

 

 

85 

4307 

MCKINNEY AVE 

MARTIN KELLYE J 

 

 

86 

4307 

MCKINNEY AVE 

DOTY JASON 

 

 

87 

4307 

MCKINNEY AVE 

HOPKINS ELIZABETH M 

 

 

88 

4307 

MCKINNEY AVE 

CHANNABASAPPA NANDINI 

24


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

 

89 

4307 

MCKINNEY AVE 

CLAUNCH JASON & SHELLY A 

 

 

90 

4307 

MCKINNEY AVE 

ZIDE JACOB 

 

 

91 

4225 

MCKINNEY AVE 

CHEEK RICHARD HEATH 

 

 

92 

4225 

MCKINNEY AVE 

HEBARD RICHARD 

 

 

93 

4225 

MCKINNEY AVE 

BLAKE HUGO G 

 

 

94 

4225 

MCKINNEY AVE 

ORTEGON ANTHONY 

 

 

95 

4225 

MCKINNEY AVE 

JASIN PAUL N 

 

 

96 

4225 

MCKINNEY AVE 

SPYHALSKI CRAIG A 

 

 

97 

4225 

MCKINNEY AVE 

TAYLOR PAUL W 

 

 

98 

4225 

MCKINNEY AVE 

SALIM STEPHEN M 

 

 

99 

4225 

MCKINNEY AVE 

CAMPUZANO SUSANA 

 

 

100 

4225 

MCKINNEY AVE 

HARRISON DAVID C 

 

 

101 

4225 

MCKINNEY AVE 

HAMPTON ROBERT E & 

 

 

102 

4225 

MCKINNEY AVE 

CARSON JAY 

 

 

103 

4225 

MCKINNEY AVE 

WILHITE MOLLY K 

 

 

104 

4225 

MCKINNEY AVE 

MU AUSTIN 

 

 

105 

4225 

MCKINNEY AVE 

NELSON CRAIG DAVID 

 

 

106 

4225 

MCKINNEY AVE 

ALLEN JAMES RONALD 

 

 

107 

4225 

MCKINNEY AVE 

BOUGAEVA OLGA 

 

108 

4121 

MCKINNEY AVE 

CHAPMAN CARLYLE H & 

 

109 

4121 

MCKINNEY AVE 

BROWN MARCUS D 

 

110 

4121 

MCKINNEY AVE 

GRIFFIN AMANDA L 

 

111 

4121 

MCKINNEY AVE 

SEIDEL DOUGLAS P & 

 

112 

4121 

MCKINNEY AVE 

YU BIN & ZHIHONG HU 

 

113 

4121 

MCKINNEY AVE 

DIXON RONALD 

 

114 

4121 

MCKINNEY AVE 

LOGSDON ANTHONY 

 

115 

4121 

MCKINNEY AVE 

MURPHY KATHLEEN M 

 

116 

4121 

MCKINNEY AVE 

SISLE WENDY Z 

 

117 

4121 

MCKINNEY AVE 

PAXSON SARAH M 

 

118 

4121 

MCKINNEY AVE 

CEARLOCK WILLIAM TODD & 

 

119 

4121 

MCKINNEY AVE 

CHERIYAN ABRAHAM & 

25


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

120 

4121 

MCKINNEY AVE 

KNETSCH WILLIAM LEE 

 

121 

4121 

MCKINNEY AVE 

BOWIE JAMES P & 

 

122 

4121 

MCKINNEY AVE 

MAN JASON S & LIANGPING JIA 

 

123 

4121 

MCKINNEY AVE 

PAYNE MARTIN A 

 

124 

4121 

MCKINNEY AVE 

BART ANDREA M 

 

125 

4121 

MCKINNEY AVE 

VAZQUEZ JESSICA 

 

126 

4121 

MCKINNEY AVE 

DONAHUE CRAIG 

 

127 

4121 

MCKINNEY AVE 

MURRAY MOLLY M 

 

128 

4121 

MCKINNEY AVE 

WEGNER RICHARD 

 

129 

4121 

MCKINNEY AVE 

SAAB ANTHONY G & 

 

130 

4121 

MCKINNEY AVE 

MOSIER MATTHEW B 

 

131 

4121 

MCKINNEY AVE 

OUYANG JAENNETTE & 

 

132 

4121 

MCKINNEY AVE 

SEDLIN DAVID 

 

133 

4121 

MCKINNEY AVE 

BROWN MATTHEW T 

 

134 

4121 

MCKINNEY AVE 

LAWLER LISKEN E 

 

135 

4121 

MCKINNEY AVE 

CLARK CHARNELLE DUSAN 

 

136 

4121 

MCKINNEY AVE 

DYSON FREDERICK M 

 

137 

4121 

MCKINNEY AVE 

CHUNG TAEJIN 

 

138 

4121 

MCKINNEY AVE 

CARSON DAWN 

 

139 

4121 

MCKINNEY AVE 

CHURCH JULIE A 

 

140 

4121 

MCKINNEY AVE 

WRIGHT MICHAEL & 

 

141 

4121 

MCKINNEY AVE 

GEORGIA KRISTEN MARY 

 

142 

4121 

MCKINNEY AVE 

RUSSO DANIEL 

 

143 

4121 

MCKINNEY AVE 

KING DONNIE M & 

 

144 

4121 

MCKINNEY AVE 

CHASANOFF STUART J 

 

145 

4121 

MCKINNEY AVE 

DREILING ADRIENNE 

 

146 

4121 

MCKINNEY AVE 

HOLBERT ELLYN 

 

147 

4121 

MCKINNEY AVE 

SIMS JO ANN 

 

148 

4121 

MCKINNEY AVE 

NICEWANDER DAVID 

 

149 

4121 

MCKINNEY AVE 

ROPER VERONICA 

 

150 

4121 

MCKINNEY AVE 

CUSACK PHILLIP J 

26


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

151 

4121 

MCKINNEY AVE 

FLEMING CHERYL R 

 

152 

4121 

MCKINNEY AVE 

ANSINELLI EMELINE & 

 

153 

4121 

MCKINNEY AVE 

JEKAUC IGOR 

 

154 

4121 

MCKINNEY AVE 

HODGE CHRISTINE 

 

155 

4121 

MCKINNEY AVE 

SLAUGHTER JUSTIN 

 

156 

4121 

MCKINNEY AVE 

JAREMSKI PAUL & JULIETA 

 

157 

4121 

MCKINNEY AVE 

RIVERA SARA & FRANK JAMES 

 

158 

4121 

MCKINNEY AVE 

YOUNG DARREN 

 

159 

4121 

MCKINNEY AVE 

TOUPS STEPHANIE & JAMES 

 

160 

4121 

MCKINNEY AVE 

ANTONIELLO MAISIE & DARREN 

 

161 

4121 

MCKINNEY AVE 

SHANAHAN RICHARD 

 

 

162 

4111 

COLE AVE 

BARON RICK 

 

 

163 

4111 

COLE AVE 

WACHSMANN JASON & MEGAN 

 

 

164 

4111 

COLE AVE 

DAVIS WILLIAM W & 

 

 

165 

4111 

COLE AVE 

MISUTKA VICTORIA 

 

 

166 

4111 

COLE AVE 

MAH JEFFERY L 

 

 

167 

4111 

COLE AVE 

LANG CATHLEEN 

 

 

168 

4111 

COLE AVE 

VANDECAR ELIZABETH J 

 

 

169 

4111 

COLE AVE 

TENNEY EMILY M 

 

 

170 

4111 

COLE AVE 

BURTIS TODD D 

 

 

171 

4111 

COLE AVE 

BORG SANDY J & JOSEPH D 

 

 

172 

4111 

COLE AVE 

KRISCH BRADLEY & K D 

 

 

173 

4111 

COLE AVE 

TRAN RITA 

 

 

174 

4111 

COLE AVE 

ROBERTSON JULIE A 

 

 

175 

4111 

COLE AVE 

LAW HUAYZONG& 

 

 

176 

4111 

COLE AVE 

SHUTTLESWORTH SHELLEY D 

 

 

177 

4111 

COLE AVE 

GALLAGHER SEAN 

 

 

178 

4111 

COLE AVE 

PENDLEY LANCE 

 

 

179 

4111 

COLE AVE 

GOULD KEVIN J 

 

 

180 

4111 

COLE AVE 

SMITHHART HAYLEY 

 

 

181 

4111 

COLE AVE 

BROWN CRAIG & SUSAN 

27


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

 

182 

4111 

COLE AVE 

JOHNSON LINDSAY B 

 

 

183 

4111 

COLE AVE 

BAXTER ANNABELLE 

 

 

184 

4111 

COLE AVE 

JACKSON TANYA IVEY 

 

 

185 

4111 

COLE AVE 

MORGAN SEAN M 

 

 

186 

4111 

COLE AVE 

LOVE KATHRYN A 

 

 

187 

4111 

COLE AVE 

VIGEN REBECCA 

 

 

188 

4111 

COLE AVE 

HYDE ANDREW WARREN 

 

 

189 

4111 

COLE AVE 

SHERER DAVID B 

 

 

190 

4111 

COLE AVE 

BONDARENKO KOSTYANTYN V 

 

 

191 

4111 

COLE AVE 

CHOI JOHN J 

 

 

192 

4111 

COLE AVE 

DAS TONY S 

 

 

193 

4111 

COLE AVE 

CAVAZOS ELOY R III 

 

 

194 

4111 

COLE AVE 

TRAN CAONHA P 

 

 

195 

4111 

COLE AVE 

SOVERN BRITTNEY L 

 

 

196 

4111 

COLE AVE 

TWITTY BRAD D & 

 

 

197 

4111 

COLE AVE 

JOHNSON CODY 

 

 

198 

4111 

COLE AVE 

DILLION TRAVIS 

 

 

199 

4111 

COLE AVE 

MURRELL DAVID A 

 

 

200 

4111 

COLE AVE 

BARNETT BRANDON 

 

 

201 

4111 

COLE AVE 

SCHOTTENHEIMER STEELE 

 

 

202 

4111 

COLE AVE 

SHINDLER JAMES C II 

 

 

203 

4111 

COLE AVE 

ASCARI NICOLETTA 

 

 

204 

4111 

COLE AVE 

MAH JEFFREY 

 

 

205 

4125 

COLE AVE 

LE JOHNNY & 

 

 

206 

4125 

COLE AVE 

HONEYCUTT LEIGH 

 

 

207 

4125 

COLE AVE 

KAPPEL KANDACE 

 

 

208 

4125 

COLE AVE 

MCCARTHY MICHAEL J 

 

 

209 

4125 

COLE AVE 

CUNNINGHAM JANETTA LAIRD 

 

 

210 

4125 

COLE AVE 

KOGER RITA ANNE GRIFFIN 

 

 

211 

4125 

COLE AVE 

KILBANE BRYAN C 

 

 

212 

4125 

COLE AVE 

BANDT JUSTIN W 

28


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

 

213 

4125 

COLE AVE 

BLAU ADAM J 

 

 

214 

4125 

COLE AVE 

BLEDSOE MATT C IV & 

 

 

215 

4125 

COLE AVE 

ADRI AVI A 

 

 

216 

4125 

COLE AVE 

PACE MONICA 

 

 

217 

4125 

COLE AVE 

DEANS KRISTINA 

 

 

218 

4125 

COLE AVE 

CHANG JOHNNY 

 

 

219 

4125 

COLE AVE 

RUSSELL JOHN 

 

 

220 

4125 

COLE AVE 

SCHAFFER JUDITH A 

 

 

221 

4125 

COLE AVE 

PITZER PHILLIP CLARK 

 

 

222 

4125 

COLE AVE 

BETTS JESSE 

 

 

223 

4125 

COLE AVE 

ZIAKS STUART E & 

 

 

224 

4125 

COLE AVE 

DURRUM SARAH E 

 

 

225 

4125 

COLE AVE 

METTMAN AMY K 

 

 

226 

4125 

COLE AVE 

AUSTIN JOSEPH M & 

 

 

227 

4125 

COLE AVE 

FEAVEL DAVID L & MICHELLE A 

 

 

228 

4125 

COLE AVE 

LESTER JEFFREY F 

 

 

229 

4221 

COLE AVE 

WILLIAMS TAYLOR L & GWENDOLYN E 

 

 

230 

4221 

COLE AVE 

MILLERMAN ERIC S 

 

 

231 

4221 

COLE AVE 

FORD BRENDA J 

 

 

232 

4221 

COLE AVE 

EDLUND CHRISTIANNE 

 

 

233 

4221 

COLE AVE 

CROWDER TYLER 

 

 

234 

4221 

COLE AVE 

SOFFER STEPHEN M 

 

 

235 

4221 

COLE AVE 

TRAN MINH 

 

 

236 

4221 

COLE AVE 

GIBBS THOMAS A 

 

 

237 

4221 

COLE AVE 

SQUIBB CARL R & JULIE Y 

 

 

238 

4221 

COLE AVE 

MARCINSKI DENISE R 

 

 

239 

4221 

COLE AVE 

LI ALBERT 

 

 

240 

4221 

COLE AVE 

MORAN MATTHEW 

 

 

241 

4221 

COLE AVE 

LOVE DAVID & RUTH 

 

 

242 

4221 

COLE AVE 

STARK SKIP 

 

 

243 

4221 

COLE AVE 

REINHART ACHIM H 

29


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

 

244 

4221 

COLE AVE 

SHETH POOJA & 

 

 

245 

4221 

COLE AVE 

SHELTON THOMAS 

 

 

246 

4221 

COLE AVE 

DELARIO MICHAEL J 

 

 

247 

4221 

COLE AVE 

SMITH STEVEN K 

 

 

248 

4223 

COLE AVE 

COKER STEPHEN K 

 

 

249 

4223 

COLE AVE 

CORCRAN JENNIFER 

 

 

250 

4223 

COLE AVE 

GENTRY CHARLES EDWARD JR 

 

 

251 

4223 

COLE AVE 

MAPPS LINDA LEE 

 

 

252 

4223 

COLE AVE 

CASTEEL BRANDON G 

 

253 

4229 

COLE AVE 

LE ANNIE 

 

254 

4229 

COLE AVE 

YOUNG AMY C 

 

255 

4229 

COLE AVE 

FERNANDEZ KATHRYN N 

 

256 

4229 

COLE AVE 

COOKE KATHRYN T 

 

257 

4229 

COLE AVE 

BOUNDS JEANINE T 

 

258 

4229 

COLE AVE 

HSBC MORTGAGE SERVICES INC 

 

259 

4229 

COLE AVE 

ROTH JENNIFER M 

 

260 

4229 

COLE AVE 

PATTERSON JULIA M 

 

261 

4229 

COLE AVE 

ADAMS NANCY D 

 

262 

4229 

COLE AVE 

MAIS LESLI M 

 

263 

4229 

COLE AVE 

AZANO JONATHAN D 

 

264 

4229 

COLE AVE 

HARRIS AUBRY & ANGEILA 

 

265 

4229 

COLE AVE 

HERRIN CYRUS D 

 

266 

4229 

COLE AVE 

MARTINEZ OSCAR 

 

267 

4229 

COLE AVE 

HUFF CHARLES 

 

268 

4229 

COLE AVE 

BLOOM ERICA L 

 

269 

4229 

COLE AVE 

MILLICAN STEPHANIE DEANNA 

 

 

270 

4237 

COLE AVE 

BROWN SUZANNA L 

 

 

271 

4237 

COLE AVE 

BILLARD JAMES T 

 

 

272 

4237 

COLE AVE 

THIER MARK D 

 

 

273 

4237 

COLE AVE 

ADAMS AMY L 

 

 

274 

4237 

COLE AVE 

IKELMAN STEFAN KRISTOFER 

30


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

 

275 

4161 

MCKINNEY AVE 

4161 MCKINNEY AVE LLC 

 

 

276 

4161 

MCKINNEY AVE 

DIEB J STEPHEN 

 

 

277 

4238 

MCKINNEY AVE 

PATEL NIMESH 

 

 

278 

4238 

MCKINNEY AVE 

ANDERSON DONALD & LINDA 

 

 

279 

4238 

MCKINNEY AVE 

ALSEDEK STEVEN M 

 

 

280 

4238 

MCKINNEY AVE 

ROMAN CAPITAL VENTURES LL 

 

 

281 

4238 

MCKINNEY AVE 

ALOLABI MOHAMMAD RAGHID 

 

 

282 

4238 

MCKINNEY AVE 

NAVITIMER HOLDINGS TRUST 

 

 

283 

4232 

MCKINNEY AVE 

FELL DELAINA 

 

 

284 

4232 

MCKINNEY AVE 

BREITHAUPT THERESA 

 

 

285 

4232 

MCKINNEY AVE 

GREENE ELIZABETH 

 

 

286 

4232 

MCKINNEY AVE 

BURNES ELLEN L 

 

 

287 

4232 

MCKINNEY AVE 

SUN PATRICIA 

 

 

288 

4232 

MCKINNEY AVE 

CHRISTISON DENISE B 

 

 

289 

4232 

MCKINNEY AVE 

ANDREW LORRI J 

 

 

290 

4232 

MCKINNEY AVE 

NAVA MARTHA 

 

 

291 

4232 

MCKINNEY AVE 

TABAIE MORT & JENNIFER 

 

 

292 

4232 

MCKINNEY AVE 

SMITH LEESA L 

 

 

293 

4232 

MCKINNEY AVE 

HIGHTOWER GREGORY D & 

 

 

294 

4301 

MCKINNEY AVE 

WILLIAMS JEFFREY B 

 

 

295 

4301 

MCKINNEY AVE 

JACKSON KENNETH & LUCIANA JACKSON 

 

 

296 

4301 

MCKINNEY AVE 

WADDILL RACHEL CLAIRE 

 

 

297 

4301 

MCKINNEY AVE 

HAMPTON ROBERT & MARILYN 

 

 

298 

4301 

MCKINNEY AVE 

MCCLAIN DENNIS 

 

 

299 

4301 

MCKINNEY AVE 

BRIZIUS CHARLES A JR 

 

 

300 

4230 

TRAVIS ST 

WREN CHRIS & CRISTI 

 

 

301 

4230 

TRAVIS ST 

KATZ MICHAEL W 

 

 

302 

4230 

TRAVIS ST 

GARZA VICTOR M 

 

 

303 

4230 

TRAVIS ST 

DAVIS BRIAN D 

 

 

304 

4230 

TRAVIS ST 

ROONEY PATRICK D 

 

 

305 

4230 

TRAVIS ST 

STRONG HILLARY 

31


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

 

306 

4230 

TRAVIS ST 

GOODMAN JEFFREY 

 

 

307 

4230 

TRAVIS ST 

LUHR CHANTAL 

 

 

308 

4230 

TRAVIS ST 

STUCKEY TYRE W 

 

 

309 

4230 

TRAVIS ST 

CAPALBO ANTHONY A 

 

 

310 

4230 

TRAVIS ST 

THILL MICHAEL 

 

 

311 

4230 

TRAVIS ST 

GIATAS YOANNA M 

 

312 

4239 

MCKINNEY AVE 

LAM PHAT VAN 

 

313 

4239 

MCKINNEY AVE 

APELT CAROL ANNE 

 

314 

4239 

MCKINNEY AVE 

LAM PHAT VAN 

 

315 

4239 

MCKINNEY AVE 

SNOW JIM EDD & 

 

316 

4239 

MCKINNEY AVE 

KNOBLER DONALD 

 

317 

4239 

MCKINNEY AVE 

KNOBLER DONALD R 

 

318 

4239 

MCKINNEY AVE 

BROWN THOMAS L & JULIE A 

 

319 

4239 

MCKINNEY AVE 

NELSON JANE A 

 

320 

4239 

MCKINNEY AVE 

GOGGANS MARGIE LEIGH 

 

321 

4239 

MCKINNEY AVE 

PEDERSEN FRED C 

 

322 

4239 

MCKINNEY AVE 

JOHNSON BRUCE A & NANCY 

 

323 

4239 

MCKINNEY AVE 

GABLE LEITA ANNE 

 

324 

4239 

MCKINNEY AVE 

HOOVER MARY P 

 

325 

4239 

MCKINNEY AVE 

MCELROY HOWARD WYNNE 

 

326 

4239 

MCKINNEY AVE 

CARR BARBARA A 

 

327 

4239 

MCKINNEY AVE 

LISA ALBERTO 

 

328 

4239 

MCKINNEY AVE 

COGGINS ROBERT E 

 

329 

4239 

MCKINNEY AVE 

SHELTON BENNY M 

 

330 

4239 

MCKINNEY AVE 

CHIOK MILAGROS CHANG & 

 

331 

4239 

MCKINNEY AVE 

CULBERTSON DAVID E 

 

332 

4132 

COLE AVE 

PISPIDIKIS JOHN 

 

333 

4132 

COLE AVE 

ELIAS CAROL FUZETI 

 

334 

4132 

COLE AVE 

STONE MAREY E 

 

335 

4132 

COLE AVE 

KEEVAK MICHAEL L 

 

336 

4132 

COLE AVE 

MOUNTAIN BRIAN P 

32


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

337 

4132 

COLE AVE 

MCCLELLAND JODIE MARIE 

 

338 

4132 

COLE AVE 

DAVIS TOBY D 

 

339 

4132 

COLE AVE 

PLATT JOEY 

 

340 

4132 

COLE AVE 

PARSELL JOYCE 

 

341 

4132 

COLE AVE 

NELSON STEPHEN A 

 

342 

4124 

COLE AVE 

COLLIER KEVIN MERLE 

 

343 

4124 

COLE AVE 

SHOCKNEY MARION M 

 

344 

4124 

COLE AVE 

HILSCHER MATTHEW S 

 

345 

4124 

COLE AVE 

WINTERS LEONARD MAURICE 

 

346 

4124 

COLE AVE 

KNUTSON JEFFREY O 

 

347 

4124 

COLE AVE 

JIN YINGQIN E 

 

348 

4124 

COLE AVE 

LABRUZZO DARREN 

 

349 

4124 

COLE AVE 

SIMPSON SUSAN S 

 

350 

4124 

COLE AVE 

HUDDLESTON MARY L 

 

351 

4124 

COLE AVE 

ERICKSON KIMBERLY E 

 

352 

4124 

COLE AVE 

SORENSON MARK E 

 

353 

4116 

COLE AVE 

BOGARD KERRY BRYAN 

 

354 

4116 

COLE AVE 

MCLAUGHLIN JONATHON E & 

 

355 

4116 

COLE AVE 

LOWER KATHERINE 

 

356 

4116 

COLE AVE 

RODRIGUEZ LISA 

 

357 

4116 

COLE AVE 

ALMAREZ JOHN TODD 

 

358 

4116 

COLE AVE 

EQUITY TRUST CO CUST FBO 81326 IRA & 

 

359 

4116 

COLE AVE 

PITRE DELAINA R 

 

360 

4116 

COLE AVE 

SALVAGGIO JOHN & MARTHA 

 

361 

4116 

COLE AVE 

MACINTYRE KAY LOUISE 

 

362 

4116 

COLE AVE 

PISPIDIKIS JOHN ETAL 

 

363 

4219 

MCKINNEY AVE 

HORN JEFF J JR 

 

364 

4219 

MCKINNEY AVE 

MARLEY STEPHEN 

 

365 

4219 

MCKINNEY AVE 

GOLDBERG ROBERT ALAN 

 

366 

4219 

MCKINNEY AVE 

CORREA PEDRO R & 

 

367 

4219 

MCKINNEY AVE 

VALENZUELA ADRIAN & 

33


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

368 

4219 

MCKINNEY AVE 

RAHIMPOUR KOUROSH 

 

 

369 

4300 

TRAVIS ST 

IPENEMA INVESTMENTS LTD 

 

 

370 

4300 

TRAVIS ST 

IPENEMA INVESTMENST LTD 

 

 

371 

4300 

TRAVIS ST 

IPENEMA INVESTMENTS LTD 

 

 

372 

4134 

TRAVIS ST 

PRIETO RENE 

 

 

373 

4134 

TRAVIS ST 

MOFFAT LARA 

 

 

374 

4134 

TRAVIS ST 

HOUGHTON JUSTIN K 

 

 

375 

4134 

TRAVIS ST 

SCHUCH DON & SANDRA 

 

 

376 

4134 

TRAVIS ST 

STEWART JAMIE W 

 

 

377 

4134 

TRAVIS ST 

HUDNOR SCOTT 

 

 

378 

4134 

TRAVIS ST 

US BANK NATL ASSN 

 

 

379 

4134 

TRAVIS ST 

RUMPPE MILES E 

 

 

380 

4134 

TRAVIS ST 

PALAVICINI GIOVANIE 

 

 

381 

4134 

TRAVIS ST 

NINGCHAROEN NICHOLAS KIT 

 

 

382 

4134 

TRAVIS ST 

LANGHOFF JASON 

 

 

383 

4134 

TRAVIS ST 

LEFTWICH ASHLEY & CHARLES S 

 

 

384 

4134 

TRAVIS ST 

ADAMS THOMAS PHILIP 

 

 

385 

4134 

TRAVIS ST 

MCCROREY WILLIAM 

 

 

386 

4134 

TRAVIS ST 

PACCHIANO MARCO & NICOLE L 

 

 

387 

4134 

TRAVIS ST 

WATSON RYAN M 

 

 

388 

4134 

TRAVIS ST 

KRISTINE A CHRISTENSEN LIVING TRUST 

 

 

389 

4134 

TRAVIS ST 

TFHSP SERIES T18 LLC 

 

 

390 

4134 

TRAVIS ST 

SAGE BRITTANY ANN 

 

 

391 

4134 

TRAVIS ST 

WILLIAMS JENNY ANICHINI 

 

 

392 

4134 

TRAVIS ST 

ASH ELIZABETH ANN 

 

 

393 

4134 

TRAVIS ST 

AITSON PATRICIA 

 

 

394 

4231 

TRAVIS ST 

BELCHER ROBERT 

 

 

395 

4231 

TRAVIS ST 

YOH AMANDA 

 

 

396 

4231 

TRAVIS ST 

PLEDGER JOHN J 

 

 

397 

4231 

TRAVIS ST 

GUENTHER ELLEN P 

 

 

398 

4231 

TRAVIS ST 

WATANABE YUKIKO 

34


Z123-265(RB) 9/26/2013 

   

Reply  Label #  Address 

Owner 

 

 

399 

4231 

TRAVIS ST 

IGO ANNA & 

 

 

400 

4231 

TRAVIS ST 

GREEN KAREN 

 

 

401 

4231 

TRAVIS ST 

ADDAMS JAMES & DEBORAH 

 

 

402 

4231 

TRAVIS ST 

JENKS MICHAEL T 

 

 

403 

4231 

TRAVIS ST 

BANCHEREAU ROMAIN & 

 

 

404 

4231 

TRAVIS ST 

PAN JAMES & NGUYEN THUY 

 

 

405 

4231 

TRAVIS ST 

HILYARD MURRAY W 

 

 

406 

4231 

TRAVIS ST 

POPE DEREK L 

 

 

407 

4231 

TRAVIS ST 

FRIEDMAN SUSAN 

 

 

408 

4231 

TRAVIS ST 

VELASCO KARLA MARIA 

 

 

409 

4231 

TRAVIS ST 

SKELTON AMY BROOKE 

 

 

410 

4231 

TRAVIS ST 

HORNER EMILY B 

 

 

411 

4231 

TRAVIS ST 

CARRIERO GIANCARLO D 

 

 

412 

4231 

TRAVIS ST 

STEGEMOELLER MARTIN F 

 

 

413 

4231 

TRAVIS ST 

CHAN MING 

 

 

414 

4231 

TRAVIS ST 

STONE WILTON 

 

 

415 

4231 

TRAVIS ST 

LIFFMAN CAROL K 

 

 

416 

4231 

TRAVIS ST 

HEDGCOCK BART 

 

 

417 

4231 

TRAVIS ST 

HARTNETT JAMES JR & ANNE 

 

 

418 

4231 

TRAVIS ST 

BURKE SHARON L 

 

 

419 

4231 

TRAVIS ST 

WILLIAMS SHANNON M 

 

 

420 

4231 

TRAVIS ST 

HOWDY RICHARD P JR 

 

 

421 

4231 

TRAVIS ST 

MILES MICHAEL M 

 

 

422 

4231 

TRAVIS ST 

PETERSON REBECCA C 

 

 

423 

4231 

TRAVIS ST 

MAWK THOMAS D 

 

 

424 

4231 

TRAVIS ST 

BUTLER NATALIE M 

 

 

425 

4231 

TRAVIS ST 

VILLEGAS SERGIO A 

 

 

426 

4231 

TRAVIS ST 

SHIDID DANIEL 

 

 

427 

4231 

TRAVIS ST 

WESTBROOK LANCE & TAMARA 

35


AGENDA ITEM # 77 KEY FOCUS AREA:

Clean, Healthy Environment

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office Of Environmental Quality Office of Management Services

CMO:

Jill A. Jordan, P.E., 670-5299 Jeanne Chipperfield, 670-7804

MAPSCO:

34P Q ________________________________________________________________

SUBJECT A public hearing to receive comments on a proposed municipal setting designation to prohibit the use of groundwater as potable water beneath property owned by 6115 Denton LLC, 2703 Kimsey LLC, 2710 Manor Way LLC, Ben Calvary, Dallas Area Rapid Transit, Elias Montez, Ronald Kaim, Carolyn McClain, Geary Trigleth, 3605 Inwood Road, LP, Morris Smart, J.C. Martin, Barry A. Martin and Terri J. Martin, TRBA, Inc., Habitats by B&D, Inc., City of Dallas, Robert Bautista IV, Shepard Holdings, LLC, R&L Maple Associates, LC, Felipe Reyna, Canyon-Small Love Field, LP, Furstenberg Investments, LLC, Stinson FLP TX Property, LLC, Viceroy-Stinson #1, LP, Viceroy Delivery, LP, Armstrong Berger Partners, Priore, Inc., JB Williams Investments, LLC, Ben C. Williams Bakery Services, Inc., Williams Distribution Addition, Marathon 6214, LLC, BCW Warehouse Leasing, LP, BP Venture II, LTD / Bruce Wilson, and Nine Manor Way, LLC located between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue and adjacent street rights-of-way, and an ordinance authorizing support of the issuance of a municipal setting designation to 6115 Denton LLC by the Texas Commission on Environmental Quality and prohibiting the use of groundwater beneath the designated property as potable water - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND Based on information provided by the Applicant, the Designated Property is underlain by shallow groundwater that is encountered at depths between 12 and 20 feet below ground surface (bgs) and extends to the top of the Eagle Ford Group encountered at a depth of approximately 50 feet bgs. The Eagle Ford Group is considered a regional aquitard and is comprised mainly of shale, sandstone, and limestone with an estimated thickness in the area of approximately 200 to 300 feet. The direction of groundwater flow beneath the Designated Property is generally towards the south.


BACKGROUND (continued) Portions of this groundwater have been affected by benzene; tetrachloroethene; trichloroethene; cis-1,2-dichloroethene; 1,1,1-trichloroethane; 1,2-dichloroethane; 1,1-dichloroethene; vinyl chloride; lead; and polychlorinated biphenyls (PCBs) at concentrations above groundwater ingestion standards and appear to be associated with historical offsite and onsite operations. The probable onsite sources include a historical release of petroleum hydrocarbons including benzene and 1,1,1-trichloroethane from former underground storage tanks (USTs) located at 6100 Cedar Springs, a historical release associated with the former USTs located on the southern portion of the property at 6333 Denton Drive, and a release of lead from an unknown source in the DART right-of-way. Both of the UST sites were entered into the Leaking Petroleum Storage Tank (LPST) program at TCEQ and received closure. The probable offsite sources include a historical release of chlorinated solvents on the southern portion of the property at 6262 Cedar Springs and up-gradient offsite sources; a historical release of petroleum hydrocarbons associated with a former UST and a historical release of chlorinated solvents associated with a former UST and historical degreasing operations at 6200 Denton Drive and additional offsite sources; and a historical release of PCBs from operations at 3202 Manor Way. Property located at 6262 Cedar Springs Road and 6200 Denton Drive have been entered into the TCEQ Voluntary Cleanup Program (VCP) and have received MSD certification from TCEQ. The property located at 6115 Denton Drive was entered into the Voluntary Cleanup Program (VCP) administered by the Texas Commission on Environmental Quality (TCEQ) in February 2012 and designated as VCP Facility ID No. 2479. In June 2012, adjoining properties located at 2618 and 2622 Bomar Avenue were also entered into VCP to amend the original VCP application and have been designated as VCP Facility ID No. 2479. The applicant has requested that the City support its application for a Municipal Setting Designation (MSD). A public meeting was held October 15, 2013 to receive comments and concerns. Notices of the meeting were sent to 698 property owners within 2,500 feet of the property and 112 private well owners within 5 miles of the property. No other municipalities are located within one-half mile of the property. This item is a municipal setting designation ordinance prohibiting the use of potable groundwater beneath property located between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue including adjacent street rights-of-way; and supporting the issuance of a MSD by TCEQ. The applicantâ&#x20AC;&#x2122;s current plan is to obtain closure through the Voluntary Cleanup Program. Currently the designated property is developed for commercial, light industrial, and residential use. The anticipated future use of the property will remain the same. However, individual parcels within the Designated Property may be redeveloped.

Agenda Date 11/12/2013 - page 2


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION No cost consideration to the City. OWNERS 6115 Denton LLC Philip M. Lang, Manager 2703 Kimsey LLC Philip M. Lang, Manager 2710 Manor Way LLC Philip M. Lang, Manager 3605 Inwood Road, LP Mosher Properties, LP, General Partner Mosher Realty Company, LLC, General Partner Christopher T. Jones, Managing Member Ben Calvary Dallas Area Rapid Transit Timothy H. McKay, Executive Vice President Elias Montez Ronald Kaim Carolyn McClain Geary Trigleth Morris Smart J.C. Martin

Agenda Date 11/12/2013 - page 3


OWNERS (continued) Barry A. Martin Terri J. Martin TRBA, Inc. Brandon Quigley, Vice President Habitats by B&D, Inc. Derek Snow, Director City of Dallas A.C. Gonzalez, Interim City Manager Robert Bautista IV Shepard Holdings, LLC Gregory R. Shepard, Member R&L Maple Associates, LC Richard Davis, Manager Felipe Reyna Canyon-Small Love Field, LP Canyon Love Field GP, LLC, General Partner Canyon Capital Realty Advisors LLC, Governing Bari Cooper Sherman, Authorized Signatory Furstenberg Investments, LLC Joseph Furstenberg, Member Stinson FLP TX Property, LLC Matthew T. Stinson, Manager

Agenda Date 11/12/2013 - page 4


OWNERS (continued) Viceroy-Stinson #1, LP Stephen J. Rogers, President Viceroy Delivery, LP Stephen J. Rogers, President Armstrong Berger Partners, Texas General Partnership John Armstrong, Owner Priore, Inc. Joe Priore, Director JB Williams Investments, LLC B. Campbell Williams, Member Ben C. Williams Bakery Services, Inc. J Bowman Williams Jr., President Williams Distribution Addition, Texas General Partnership Cynthia Williams Beecherl, Managing Partner Marathon 6214, LLC Carol Roehrig, Member BCW Warehouse Leasing, LP BCW Warehouse Management, Inc., General Partner J Bowman Williams, President BP Venture II, LTD Broadmoor, Inc., General Partner Bruce L. Wilson, President Bruce Wilson

Agenda Date 11/12/2013 - page 5


OWNERS (continued) Nine Manor Way, LLC Jim Shrode, Member MAPS Attached

Agenda Date 11/12/2013 - page 6


MSD Designated Property - 6115 Denton LLC .- 6115 Denton Drive and Surrounding Parcels, Dallas, Texas 75235

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10/23/13

ORDINANCE NO. __________

A municipal setting designation ordinance prohibiting the use of designated groundwater from beneath property generally located at 6115 Denton Drive; 2515, 2519, 2523, 2603, 2607, 2611, 2614, 2618, 2622, 2626, 2703, 2706, 2714, and 2718 Bomar Avenue; 6020, 6021, 6100, 6101, and 6214 Cedar Springs Road; 6000, 6025, 6302, 6316, 6320, 6333, 6410, and 6420 Denton Drive; 2726 Fielder Court; 2703 and 2727 Kimsey Drive; 2514, 2515, 2518, 2522, 2602, 2603, 2606, 2607, 2610, 2616, 2623, 2703, 2710, 2715, and 2825 Manor Way; 6200, 6300, and 6418 Maple Avenue; 2728 and 2800 West Mockingbird Lane; and the DART rail line along Denton Drive between West Mockingbird Lane and Kimsey Drive and supporting issuance of a municipal setting designation certificate by the Texas Commission on Environmental Quality; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, Subchapter W, “Municipal Setting Designations,” of Chapter 361, “Solid Waste Disposal Act,” of the Texas Health and Safety Code authorizes the Texas Commission on Environmental Quality to create municipal setting designations; and WHEREAS, Section 51A-6.108, “Municipal Setting Designation Ordinance,” of Article VI, “Environmental Performance Standards,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code authorizes municipal setting designation ordinances prohibiting the use of designated groundwater as potable water and thereby enable the Texas Commission on Environmental Quality to certify a municipal setting designation for designated property; and WHEREAS, the city council finds that: (1) the eligibility criteria of Section 361.803 of the Texas Health and Safety Code have been met; MSD OEQ0027 (6115 Denton Drive, et al.) - Page 1


(2) this municipal setting designation ordinance will not have an adverse effect on the current or future water resource needs or obligations of the city of Dallas; (3) there is a public drinking water supply system that satisfies the requirements of Chapter 341 of the Texas Health and Safety Code and that supplies or is capable of supplying drinking water to the designated property and property within one-half mile of the designated property; and (4) this municipal setting designation ordinance is necessary because the concentration of contaminants of concern exceed ingestion protective concentration levels for human ingestion; and WHEREAS, the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the city of Dallas, have given the required notices and have held the required public hearings regarding this municipal setting designation ordinance; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That for purposes of this municipal setting designation ordinance, the “designated property” means the property described in Exhibit A, attached to the ordinance. SECTION 2.

That for purposes of this municipal setting designation ordinance,

“designated groundwater” means water below the surface of the designated property to a depth of 200 feet. SECTION 3. That use of the designated groundwater from beneath the designated property as potable water is prohibited. SECTION 4. That the use of the designated groundwater from beneath public rights-ofway included in the designated property as potable water is prohibited. SECTION 5. That the following uses of or contacts with the designated groundwater are prohibited: (1)

Human consumption or drinking.

(2)

Showering or bathing.

MSD OEQ0027 (6115 Denton Drive, et al.) - Page 2


(3)

Cooking.

(4)

Irrigation of crops for human consumption.

SECTION 6. That the following conditions are imposed on the designated property and designated groundwater: (1)

The potable use of the designated groundwater from beneath the designated property is prohibited.

(2)

The potable use of the designated groundwater from beneath public rights-of-way included in the designated property is prohibited.

(3)

The portion of the designated property assigned Voluntary Cleanup Program No. 2479 must receive a certificate of completion from the Texas Commission on Environmental Quality by no later than November 12, 2015.

SECTION 7. That the city council supports the application to the Texas Commission on Environmental Quality for a municipal setting designation on the designated property, with the following comments: (1)

The Texas Commission on Environmental Quality, as the state agency chartered to protect human health and the environment, is requested to thoroughly review the conditions of the designated property and issue a certificate of completion only when all contaminants of concern, through the applicable routes of exposure, have been addressed.

SECTION 8. That the public rights-of-way immediately adjacent to the designated property must be included, at no additional cost to the city of Dallas, in the application to the Texas Commission on Environmental Quality. SECTION 9. That a state or federal program must address the entire non-ingestion protective concentration level exceedence zone originating from sources on the designated property or migrating from the designated property no later than November 12, 2015. That within this time period, the applicant shall provide the managing director of the office of environmental quality documentation, including a certificate of completion from the Texas MSD OEQ0027 (6115 Denton Drive, et al.) - Page 3


Commission on Environmental Quality, that it has been addressed to the satisfaction of the agency administering the program. If it has not been addressed, the managing director of the office of environmental quality may, for good cause, take any of the following actions: (1)

allow additional time to address the non-ingestion protective concentration level exceedence zone;

(2)

request a review by the Texas Commission on Environmental Quality or the agency administering the program;

(3)

recommend to the city council that this municipal setting designation ordinance be repealed;

(4)

request additional information or documentation from the applicant; or

(5)

pursue other actions that the managing director of the office of environmental quality believes may be warranted.

SECTION 10. That any person owning, operating, or controlling the designated property remains responsible for complying with all applicable federal and state laws and regulations; all ordinances, rules, and regulations of the city of Dallas; and all environmental regulations, and that this municipal setting designation ordinance in itself does not change any environmental assessment or cleanup requirements applicable to the designated property. SECTION 11. That any person owning, operating, or controlling any portion of the designated property is responsible for ensuring compliance with this ordinance with respect to their portion of the designated property. Allowing use of designated ground water for potable purposes or failure to provide the managing director of the office of environmental quality with required documentation is a violation of this ordinance and may result in the ordinance being repealed for that portion of the designated property. SECTION 12. That approval of this municipal setting designation ordinance shall not be construed to subject the city of Dallas to any responsibility or liability for any injury to persons or damages to property caused by any contaminant of concern.

MSD OEQ0027 (6115 Denton Drive, et al.) - Page 4


SECTION 13. That within 30 days after adoption of this municipal setting designation ordinance, the applicant shall provide the managing director of the office of environmental quality with an electronic file showing the location of the designated property and the designated groundwater in a format compatible with the city of Dallasâ&#x20AC;&#x2122; geographic information system. SECTION 14. That within 60 days after adoption of this municipal setting designation ordinance, the managing director of the office of environmental quality shall file a certified copy of this municipal setting designation ordinance in the deed records of the county where the designated property is located. SECTION 15. That within 60 days after adoption of this municipal setting designation ordinance, the managing director of the office of environmental quality shall send a certified copy of this municipal setting designation ordinance to the applicant and the Texas Commission on Environmental Quality, and that the managing director of the office of environmental quality shall notify the Texas Commission on Environmental Quality 60 days prior to any amendment or repeal of this municipal setting designation ordinance. SECTION 16. That the applicant shall provide the managing director of the office of environmental quality with a copy of the municipal setting designation certificate issued by the Texas Commission on Environmental Quality pursuant to Section 361.807 of the Texas Health and Safety Code within 30 days after issuance of the certificate. SECTION 17. That the applicant shall provide the managing director of the office of environmental quality with a copy of the certificate of completion or other documentation issued by the Texas Commission on Environmental Quality showing that any site investigations and response actions required pursuant to Section 361.808 of the Texas Health and Safety Code have been completed to the satisfaction of the Texas Commission on Environmental Quality within the time period required. The managing director of the office of environmental quality may, for good cause, extend the time for submitting the documentation.

MSD OEQ0027 (6115 Denton Drive, et al.) - Page 5


SECTION 18. That the applicant shall notify the managing director of the office of environmental quality in writing if the applicant determines that notice is required to be sent to an owner of other property beyond the boundaries of the designated property under Title 30 Texas Administrative Code, Chapter 30, Section 350.55(b), and provide the name of the property owner, the property address, and a copy of the notice sent to the property owner. SECTION 19. That a person violating a provision of this municipal setting designation ordinance, upon conviction, is punishable by a fine not to exceed $2,000, and that the Texas Commission on Environmental Quality shall be notified of any violations. SECTION 20. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this municipal setting designation ordinance. SECTION 21.

That the terms and provisions of this municipal setting designation

ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended. SECTION 22.

That this municipal setting designation ordinance shall take effect

immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained.

APPROVED AS TO FORM: WARREN M.S. ERNST, City Attorney

By__________________________________ Assistant City Attorney

Passed _______________________________

MSD OEQ0027 (6115 Denton Drive, et al.) - Page 6


Exhibit A

MSDSURVEY Between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue City of Dallas, Dallas County, Texas

3,479,009 sq. ft./ 79.867 ac.

GIS Approved

BEING a 79.867 acre tract of land situated in the M. Bennett Survey, Abstract No. 52, within the City of Dallas, Dallas County, Texas, being within Blocks 1/2448, 2/2449, 1/2450, 2/2451, 2571, 4492, 4493, 4723, E/5713, 5717, 5720, 5721 , Official City Block Numbers, and being all of Lot 12, Block 4492 and Lot 13, Block 4493 of MAPLE COURT ADDITION , an addition to the City of Dallas, recorded in Volume 2, Page 330, Map Records, Dallas County, Texas (M.R.O.C.T.), Lots 1 - 18, Block 4723 of R.G . & H.J. Harris Subdivision No. 2 , recorded in Volume 6, Page 299, M.R.D.C.T .. Lot 12-A, Block 2/2451 , MANOR PLACE , an addition to the City of Dallas, recorded in Volume 84219, Page 4607, Deed Records, Dallas, County, Texas (D.R.D.C.T.), Lots 1 - 9 & 13, Block 2/2449, and Lots 10 - 17, Block 1/2448, all of MAPLE VIEW ADDITION, an addition to the City of Dallas, recorded in Volume 3, Page 311, M.R.D.C.T. , Lots 1 - 9, & 15, Block 1/2450, and Lots 1 7, & 12 - 13, Block 2/2451, all of SECOND INSTALLMENT OF MAPLE VIEW ADDITION, an addition to the City of Dallas, recorded in Volume 4, Page 81 , M.R.D.C.T., Lot 1, Block 5721, ARCHITECHURAL CARPENTRY MATERIALS ADDITION , an addition to the City of Dallas, recorded in Volume 81225, Page 2866, D.R.D.C.T. , Lots 15 & 21, Block E/5713, MAPLE LAWN TERRACE ADDITION, an addition to the City of Dallas, recorded in Volume 3, Page 242, M.R.D.C.T., Lot 11A, Block 2/2449, QUIGLEY ADDITION , an addition to the City of Dallas, recorded in Volume 98024, Page 5, D.R.D.C .T., together with all of those certain tracts of land conveyed to FURSTENBERG INVESTMENTS, LLC by deed recorded in County Clerk's Instrument Number 201100064375, Official Public Records, Dallas County, Texas (O.P.R.D.C.T.), CANYON FONBERG I LP by deeds recorded in County Clerk's Instrument Numbers 200600314989, 200600314990, & 200600314984, O.P.R.D.C.T., 6115 DENTON LLC by deed recorded in County Clerk's Instrument Number 201100339105, O.P.R.D.C.T, STINSON FLP TX PROPERTY, LLC by deed recorded in County Clerk's Instrument Number 201100134317, O.P.R.D.C.T., RANDALL L. & DIANE S. NEWBURY by deed recorded in Volume 2001006, Page 2799, D.R.D.C.T. , CITY OF DALLAS by deeds recorded in Volume 67206, Page 1514, D.R.D .C.T., and County Clerk's Instrument Number 201000021236, O.P.R.D.C.T., VICEROY DELIVERY LP by deeds recorded in Volume 98202, Page 5864, D.R.D .C.T., and County Clerk's Instrument Number 20080280191, O.P.R.D .C.T. , Armstrong Berger Partners by deed recorded in County Clerk's Instrument Number 200600387069, O.P.R.D.C.T., 3605 INWOOD ROAD, LP by deed recorded in County Clerk's Instrument Number 201200100044, O.P.R.D.C.T., PRIORE, INC. by deed recorded in Volume 85051, Page 2847, D.R.D.C.T. , JB WILLIAMS INVESTMENTS LLC by deed recorded in County Clerk's Instrument Number 20080365612 , O.P.R.D.C.T., WILLIAMS DISTRIBUTION ADDITION by deeds recorded in County Clerk's Instrument Number 20080054379, O.P.R.D.C.T., and Volume 93183, Page 5087, D.R.D.C.T., MARATHON 6214 LLC by deeds recorded in County Clerk's Instrument Numbers 200600394448 and 201200243049, O.P.R.D.C .T. , BCW WAREHOUSE LEASING LP by deeds recorded in County Clerk's Instrument Number 20080054380, O.P.R.D.C.T., and Volume 96066, Page 3005, D.R.D.C.T., BP VENTURE II LTD ET AL by deed recorded in Volume 96242 , Page 4713 , D.R.D.C.T. , BEN C. WILLIAM BAKERY INC. by deeds recorded in Volume 82068, Page 3978, D.R.D.C.T., and in County Clerk's Instrument Number 20080054378, O.P.R. D.C.T., together with portions of those certain tracts of land conveyed to Dallas Area Rapid Transit (DART) by deeds recorded in Volume 90177, Page 4219, D.R.D.C.T., and Volume 88083, Page 4905, D.R.D.C.T., Maple Avenue, Denton Drive , Mockingbird Lane, Egan Avenue, Manor Way, Bomar Avenue, Owen Street, Kimsey Drive, and Cedar Springs Road , and being further described as follows, less and except, SAVE AND EXCEPT TRACT ONE anc:tSAVf: AND EXCEPT TRACT TWO:

M SD OEQ0027 (6 115 Dento n Drive, et al. )


Exhibit A

MSDSURVEY Between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue City of Dallas, Dallas County, Texas GIS Approved 3,479,009 sq. ft. I 79.867 ac. BEGINNING at the projection of the southeasterly right-of-way line of Bomar Avenue (50' R.O.W.) with the southwesterly right-of-way line of Maple Avenue (60' R.O.W.), same being in the northeasterly line of a tract of land conveyed to Dallas Airmotive, Inc., by deed recorded in Volume 95052, Page 186, D.R.D.C.T.; THENCE North 46°20'39" West, along the southwesterly line of said Maple Avenue, for a distance of 1164.70 feet; THENCE North 43°53'01" East, departing said southwesterly line of Maple Avenue, passing at a distance of 60.00 feet the southwesterly corner of a tract of land, conveyed to FURSTENBERG INVESTMENTS, LLC, by deed recorded in County Clerk's Instrument Number 201100064375, O.P.R.D.C.T., same being the southeasterly comer of Block 4493, MAPLE COURT ADDITION, an addition to the City of Dallas , recorded in Volume 2, Page 330, M.R.D.C.T., continuing for a distance of 266.13 feet to the northwesterly comer of said tract, same being in the westerly line of a tract of land conveyed to CANYON FONBERG I, LP , by deed recorded in County Clerk's Instrument Number 200600314989, O.P.R.D.C.T., and further continuing for a total distance of 948.18 feet to the southwesterly comer of Lot 19, Block 4723, R.G. & H.J. Harris Subdivision No. 2, recorded in Volume 6, Page 299, M.R.D.C.T., same being the southwesterly corner of that certain tract of land conveyed to WILLIAM R. CANADA, by deed recorded in Volume 86129, Page 1193, D.R.D.C.T.; THENCE South 45°04'37" East, along the southwesterly line of said Lot 19, for a distance of 79.70 feet to the northwesterly line of Egan Avenue (50' R.O .W.); THENCE North 44°32'11" East. along the northwesterly line of said Egan Avenue, a distance of 132.49 feet to the northeasterly corner of said tract, same being the easterly corner of Lot 20 of aforementioned R.G. & H.J. Harris Subdivision, and also being in the southwesterly right-of-way line of Denton Drive (50' R.0.W.); THENCE North 45°37'53" West, along the common lines of said Denton Drive and Lot 20, for a distance of 81 .19 feet to the northwesterly corner of said Lot 20, same being in the southeasterly line of Lot 13 of the aforementioned MAPLE COURT ADDITION , same also being in the southeasterly line of that certain tract of land conveyed to the CITY OF DALLAS, by deed recorded in County Clerk's Instrument Number 201200063267, O.P.R.D.C.T.; THENCE South 43°53'01" West, along the northwesterly line of said Lot 20 and the southeasterly line of said Lot 13, for a distance of 10.00 feet to the southeasterly comer of said CITY OF DALLAS tract; THENCE North 45°22'19" West, along the southwesterly line of said CITY OF DALLAS tract, passing at a distance of 126.80 a capped iron rod found for corner at the southwesterly corner of said City of Dallas tract, same being in the southeasterly right-of-way line of Fielder Court (44' R.O.W.), and continuing for a total distance of 170.80 feet to the northwesterly right-of-way line of said Fielder Court, same being the southeasterly line of Block 4492 of the aforementioned MAPLE COURT ADDITION; ~.....

·i

...-'!:

\

MSD OEQ0027 {6115 Denton Drive, et al.)

.


Exhibit A

MSDSURVEY Between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue City of Dallas, Dallas County, Texas

3,479,009

sq. ft. I 79.867 ac.

GIS Appro ved

THENCE North 44°37'50" East, along the northwesterly line of said Fielder Court, for a distance of 12.43 feet to a 1/2 inch iron rod found for the southeasterly comer of that certain tract of land conveyed to Dallas Area Rapid Transit (DART) , by deed recorded in County Clerk's Instrument Number 200700446881 , O.P.R.D.C.T.; THENCE North 45°22'03" West, along the southwesterly line of said DART tract, passing at a distance of 127.47 feet, the southwesterly corner of said tract, same being in the southeasterly right-of-way line of Mockingbird Lane (called 100' R.O .W.), and continuing for a total distance of 227.47 feet to the northwesterly right-of-way line of said Mockingbird Lane; THENCE North 45°18'50" East, along said northwesterly right-of-way line, for a distance of 48.43 feet to the intersection of said northwesterly right-of-way line with the southwesterly right-of-way line of that certain tract of land conveyed to DART, by deed recorded in Volume 88083, Page 4905, D.R.D.C.T. ; THENCE North 44°20'53" East, along the projection of said northwesterly right-of-way line, passing at a distance of 40.00 feet, the northeasterly line of said DART tract, same being the southwesterly right-of-way line of Denton Drive (variable R.O.W.), and passing at a distance of 104.00 feet the northeasterly right-of-way line of said Denton Drive, and further passing at a distance of 180.83 feet an aluminum monument found in the southeasterly line of a CITY OF DALLAS tract, and continuing for a total distance of 619.13 feet; THENCE South 46°10'53" East, departing said northwesterly right-of-way line, passing at a distance of 107.25 feet a 1/2 inch iron rod found in the aforementioned southeasterly right-of-way line of Mockingbird Lane, same being the northwesterly corner of that certain tract of land conveyed to STINSON FLP TX PROPERTY, LLC by deed recorded in County Clerk's Instrument Number 201100134317, O.P.R.D.C .T., and continuing along the northeasterly line of said tract, for a total distance of 490.90 feet to the northeasterly corner of said tract, same being on a northwesterly line of the aforementioned DART tract, recorded in Volume 88083, Page 4905, D.R.D.C.T. ; THENCE North 44°16'03" East, along said northwesterly line, for a distance of 40.00 feet to the northeasterly corner of that certain tract of land conveyed to PATRICK REAL TY CORP. by deed recorded in Volume 88028, Page 1253, D.R.D.C .T; THENCE South 46°10'53" East, departing said northwesterly line, passing at a distance of 40.00 feet a capped iron rod found for the most northerly corner of that certain tract of land conveyed to CITY OF DALLAS by deed recorded in Volume 67206, Page 1514, D.R.D.C.T., same being on the southeasterly line of said DART tract, and continuing along said CITY OF DALLAS tract for a total distance of 214.80 feet to a 60d nail found for corner at the most easterly corner of said tract, same being the northerly northeast corner of that certain tract of land conveyed to CITY OF DALLAS by deed recorded in County Clerk's Instrument Number 201000021236, O.P .R.D.C.T.;

Bearings are based upon State Plane Coordinates, Texas North Central Zone 4202, NAO 1983.

SHT.

MSD OEQ0027 (6115 Denton Dri ve, et al.)

3

of 26


Exhibit A

MSDSURVEY Between Mockingbird Lana and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue City of Dallas, Dallas County, Texas

3,479,009

sq. ft. I 79.867 ac.

GI S Approv ed

THENCE South 14°27'05" West, along the easterly line of said tract, for a distance of 45.90 feet to the southeasterly corner of said tract, same being a northerly comer of that certain tract of land conveyed to VICEROY DELIVERY LP, by deed recorded in County Clerk's Instrument Number 20080280191, O.P .R.D.C.T.; THENCE South 54°12'14" East, along the northerly line of said VICEROY DELIVERY LP tract. for a distance of 143.31 feet; THENCE South 46°10'53" East, continuing along said northerly line, for a distance of 90.65 feet to the easterly northeast corner of said tract; THENCE South 43°56'07" West, for a distance of 20.00 feet to the southeast comer of said tract, same being the northeasterly corner of that certain tract of land conveyed to VICEROY DELIVERY LP, by deed recorded in Volume 98202, Page 5864, D.R.D.C .T .. same also being the northwesterly corner of that certain tract of land conveyed to Armstrong Berger Partners by deed recorded in County Clerk's Instrument Number200600387069, O.P.R.D.C.T. ; THENCE South 46°10'53" East, along the northeasterly line of said Armstrong Berger tract, passing at distance of 173.80 feet, the northeasterly corner of said tract, same being on the northwesterly line Manor Way (50' R.O.W.), and continuing for a total distance of 223.80 feet to a 5/8 inch iron rod found for comer on southeasterly line of said Manor Way, same being the northwesterly corner of that certain tract of land conveyed to SEWELL CORPORATION by deed recorded in County Clerk's Instrument Number 20070389860, O.P.R.D.C.T.; THENCE South 43°56'07" West, along said tract and said southeasterly line, for a distance of 514 .32 feet to the beginning of a curve to the left, having a radius of 15.00 feet and a chord which bears South 00° 50'53" East, for 21 .13 feet; THENCE southeasterly, along said curve, through a central angle of 89°34'00", for an arc distance of 23.45 feet to the northeasterly line of aforementioned Denton Drive; THENCE South 45°37'53" East, along said northeasterly line, passing at a distance of 385.31 feet, the southwesterly corner of Lot 1, DREAM GARAGE ADDITION, and continuing for a distance of 628.68 feet to the southeasterly corner of Lot 2, of said addition, same being the southwesterly corner of that certain tract of land conveyed to JB WILLIAMS INVESTMENTS LLC by deed recorded in County Clerk's Instrument Number 20080365612, O.P.R.D.C.T.; THENCE North 43°55'05" East, departing said northeasterly line of Denton Drive, and along the southeasterly line of said DREAM GARAGE ADDITION, same being the northwesterly line of said JB WILLIAMS INVESTMENTS LLC tract, for a distance of 555.39 feet to the northeasterly comer of said addition, same being the southeasterly corner of that certain tract of land conveyed to WILLIAMS DISTRIBUTION ADDITION by deed recorded in County Clerk's Instrument Number 20080054379, O.P.R.D.C.T.;

MSD OEQ0027 (6115 Denton Drive, et al.)


Exhibit A

MSDSURVEY Between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue City of Dallas, Dallas County, Texas

3,479,009 sq. ft. I 79.867 ac.

GI S App r oved

THENCE North 46°10'53" West, along the southwesterly line of said tract, for a distance of 263.40 feet to a 1/2 inch iron rod found for the southwesterly corner of said tract; THENCE North 43°56'39" East, along the northwesterly line of said tract, for a distance of 523.63 feet to the northwesterly corner of said tract, same being in the southwesterly line of Cedar Springs Road (60' R.O.W.), same also being the northeasterly comer of that certain tract of land conveyed to SEWELL CORPORATION by deed recorded in County Clerk's Instrument Number 200600160022, O.P.R.D.C.T.; THENCE North 46°10'53" West, along said southwesterly line, for a distance of 204.77 feet; THENCE North 43°55'20" East, departing said southwesterly line, passing at a distance of 60.00 feet a 1/2 inch iron rod found for corner in the northeasterly line of said Cedar Springs Road, same being the southwesterly corner of that certain tract of land conveyed to MARATHON 6214 LLC by deed recorded in County Clerk's Instrument Number 200600394448, O.P.R.D.C.T., and continuing for a total distance of 575.97 feet to the northwesterly comer of that certain tract of land conveyed to MARATHON 6214 LLC by deed recorded in County Clerk's Instrument Number 201200243049, O.P.R.D.C.T., same being in the centerline of that certain aforementioned tract of land conveyed to DART by deed recorded in Volume 88083, Page 4905, D.R.D.C.T. , from which a 1/2 inch iron rod found bears witness, South 43°55'20" West, 15.37 feet; THENCE South 46°10'53" East, along said centerline, same being the northeasterly line of said MARATHON 6214 LLC tract, passing at a distance of 259.83 feet the northeasterly corner thereof, continuing along said centerline for a total distance of 489.10 feet to the northeasterly corner of that certain tract of land conveyed to SCW WAREHOUSE LEASING LP by deed recorded in County Clerk's Instrument Number 20080054380, O.P.R.D.C .T.; THENCE South 43°56'07" West, along the southeasterly line of said tract, for a distance of 20.00 feet to the southeasterly corner of said tract, same being in the northeasterly line of that certain tract of land conveyed to sew WAREHOUSE LEASING LP by deed recorded in Volume 96066, Page 3005, O.R.D.C.T., same being on the aforementioned southwesterly line of that certain tract of land conveyed to DART in Volume 88083, Page 4905, D.R.D.C.T.; THENCE South 46°10'53" East, along the common lines of said DART tract and said BCW WAREHOUSE LEASING LP tract, passing at a distance of 315.21 feet the westerly southwest comer of that certain tract of land conveyed to MCCRAY GROUP LLC by deed recorded in County Clerk's Instrument Number 201100304155, O.P.R.D.C.T., continuing for a total distance of 415.43 feet to the northeasterly comer of said BCW WAREHOUSE LEASING LP tract, same being in the northwesterly line of KNIGHTS BRANCH ADDITION, an addition to the City of Dallas, recorded in Volume 82174, Page 4837, D.R.D.C .T.;

Bearings are based upon State Plane Coordinates, Texas North Central Zone 4202, NAO 1983.

SHT

MSD OEQ0027 (6115 Denton Drive, et al.}

5

of26


Exhibit A

MSDSURVEY Between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue City of Dallas, Dallas County, Texas

3,479,009 sq. ft. I 79.867 ac.

GIS Approved

THENCE South 43°49'15" West, along said addition, passing at a distance of 495.97 feet the southwesterly corner of said addition, same being the southeasterly comer of that certain tract of land conveyed to BP VENTURE II LTD ET AL by deed recorded in Volume 96242, Page 4713, D.R.D.C.T., same also being in the northeasterly line of aforementioned Cedar Springs Road, from which a capped iron rod bears witness South 43°49'15u West, 5.28 feet, continuing for a total distance of 555.97 feet to the southwesterly line of said Cedar Springs Road, same being in the northeasterly line of that certain tract of land conveyed to CITY OF DALLAS by deed recorded in Volume 3077, Page 510, D.R.D.C.T.; THENCE North 46°10'53" West, along said southwesterly line, for a distance of 87.15 feet to the northeasterly corner of that certain tract of land conveyed to BEN C. WILLIAM BAKERY INC. by deed recorded in Volume 82068, Page 3978, D.R.D.C.T.; THENCE South 56°43'05" West, departing said southwesterly line, along the common line of said tracts, for a distance of 335.90 feet; THENCE South 43°54'25" West, continuing along said common line, passing at a distance of 176.21 feet the southeasterly corner of said BEN C. WILLIAM BAKERY INC. tract, same being a northeasterly corner of a certain tract conveyed to the same by deed recorded in County Clerk's Instrument Number 20080054378, O.P.R.D.C.T., continuing for total a distance of 196.21 feet to the southeasterly corner of said tract conveyed in County Clerk's Instrument Number 20080054378, O.P.R.D.C.T., same also being an inner-ell corner of the aforementioned CITY OF DALLAS tract recorded in Volume 3077, Page 510, D.R.D.C.T,; THENCE South 46°10'53" East, along a southwesterly inner-ell line of said CITY OF DALLAS tract, for a distance of 128.97 feet; THENCE South 43°58'06" West, passing at a distance of 20.00 feet the northeasterly corner of that certain aforementioned tract of land conveyed to JB WILLIAMS INVESTMENTS LLC, continuing for a total distance of 538.90 feet to the southeasterly comer of said tract, same being the most southerly southwest corner of said CITY OF DALLAS tract, same being in the aforementioned northeasterly line of Denton Drive; THENCE South 50°16'53" East, along said northeasterly line, for a distance of 241.65 feet; THENCE South 43°39'30" West, departing said northeasterly line, along the projection of the southeasterly line of Kimsey Drive (50' R.O.W.), passing at a distance of 124.74 feet the intersection of said southeasterly line with the southwesterly line of said Denton Drive, same being in the northeasterly line of MAPLE LAWN TERRACE, an addition to the City of Dallas, recorded in Volume 3, Page 242, M.R.D.C.T., continuing for a total distance of 187.36 feet to the westerly corner of Lot 21, Block F/5713, of said addition;

Bearings are based upon State Plane Coordinates, Texas North Central Zone 4202, NAO 1983.

SHT.

MSD OEQ0027 (6115 Denton Drive, et al.)

6 of26


Exhibit A

MSDSURVEY Between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue City of Dallas, Dallas County, Texas

3,479,009 sq. ft. I 79.867 ac.

GI S Approved

THENCE North 46°40'06" West, departing said southeasterly line of Kimsey Drive, passing at a distance of 50.00 feet the northwesterly line of said Kimsey Drive, same being the southerly corner of Lot 21, Block E/5713, of said addition, same also being the southerly corner of that certain tract of land conveyed to DART by deed recorded in Volume 2005028, Page 1510, D.R.D.C.T., continuing for a total distance of 200.00 feet to the westerly corner of said DART tract, same being on the southeasterly line of that certain tract of land conveyed to BEN CALVARY by deed recorded in Volume 80133, Page 1131, D.R.D.C .T., same also being on the southeasterly line of Lot 1, Block 5721, ARCHITECTURAL CARPENTRY MATERIALS ADDITION, an addition to the City of Dallas, recorded in Volume 81225, Page 2866, D.R.D.C.T.; THENCE South 43°39'30" West, along said Block E/5713, for a distance of 250.00 feet to the northerly corner of Lot 15, Block E/5713, of said addition, same being that certain tract of land conveyed to BEN 8 . & DOROTHY CALVARY by deed recorded in Volume 88008, Page 3133, D.R.D.C.T.; THENCE South 46°40'06" East, along the northeasterly line of said Lot 15, for a distance of 200.00 feet to the aforementioned northwesterly line of said Kimsey Drive; THENCE South 43°39'30" West, along said northwesterly line, for a distance of 50.00 feet to the southerly corner of said Lot 15; THENCE North 46°40'06" West, departing said northwesterly line of Kimsey Drive, for a distance of 200.00 feet to the westerly corner of said Lot 15; THENCE South 43°39'30" West, along the aforementioned southeasterly line of Lot 1, Block 5721, for a distance of 22.91 feet to the southerly corner of said Lot 1; THENCE North 45°41 '17" West, along the southwesterly line of said Lot 1, for a distance of 368.62 feet to a capped iron rod found for corner at the easterly corner of that certain tract of land conveyed to 6115 DENTON LLC by deed recorded in County Clerk's Instrument Number 201200184167, O.P.R.D.C.T.; THENCE South 56°01'21" West, along the southeasterly line of said tract, for a distance of 45.48 feet to the southerly corner of said tract; THENCE North 45°52'30" West, along the southwesterly line of said tract, for a distance of 7.66 feet to the westerly corner of said tract, same being on the southeasterly line of that certain tract of land conveyed to 6115 DENTON LLC by deed recorded in County Clerk's Instrument Number 201100339105, O.P.R.D.C.T.; THENCE along the southeasterly line of said tract as follows : South 43°39'30" West, for a distance of 80.88 feet; North 47°20'30" West, for a distance of 2.00 feet; South 43°39'30" West, for a distance of 56.00 feet; South 47°20'30" East, for a distance of 2.00 feet;

South 43°39'30" West, for a distance of 11.03 feet to the southerly corner of said tract; •

Bearings are based upon State Plane Coordinates, Texas North Central Zone 4202, NAO 1983.

SHT.

MSD OEQ0027 (6115 Denton Drive, et al.)

7 of26


Exhibit A

MSDSURVEY Between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple Avenue City of Dallas, Dallas County, Texas

3,479,009 sq. ft. I 79.867 ac.

GIS Approved

THENCE North 45°50'41" West , along the southwesterly line of said tract, for a distance of 208 .87 feet to a 1/2 inch iron rod found for the westerly corner of said tract, same being in the southeasterly line of MAPLE VIEW ADDITION , an addition to the City of Dallas , recorded in Volume 3, Page 31 1, M.R.D.C.T. ; THENCE North 44°04'29" East, along said southeasterly line, for a distance of 49.79 feet to the southerly corner of Lot 10, Block 1/2448, of said addition; THENCE North 46°25'31" West, along the southwesterly line of said Lot 10, for a distance of 123.00 feet to aforementioned southeasterly line of Bomar Avenue, same being the northwesterly line of said Block 1/2448; THENCE South 44°04'29" West , along said southeasterly line of Bomar Avenue, for a distance of 599.96 feet to the POINT OF BEGINNING and containing 3,589, 121 square feet or 82.395 acres of land, SAVE AND EXCEPT the following two tracts of land: SAVE AND EXCEPT TRACT ONE: BEING a 2.407 acre tract of land situated in the M. Bennett Survey, Abstract No. 52, within the City of Dallas, Dallas County, Texas, being within Blocks 2/2449, 1/2450, 2/2451 , Official City Block Numbers, and being all of Lots 14 - 17, Block 212449 , MAPLE VIEW ADDITION, an addition to the City of Dallas, recorded in Volume 3, Page 311 , M.R.D.C.T., Lots 13, 14, 16, & 17, Block 1/2450, and Lots 14 - 17, Block 2/2451, SECOND INSTALLMENT OF MAPLE VIEW ADDITION , an addition to the City of Dallas , recorded in Volume 4, Page 81, M.R.D.C.T, together with portions of Manor Way, and being further described as follows: BEGINNING at the intersection of the southwesterly line of Owen Street (50' R.O.W.) with the northwesterly line of Bomar Avenue (50' R.O.W.), same being the easterly corner of Lot 17, Block 2/2449, of said MAPLE VIEW ADDITION; THENCE South 44°04'29" West, along said northwesterly line of Bomar Avenue, for a distance of 226.06 feet to the southerly comer of Lot 14, of said Block 2/2249; THENCE North 46°25'31" West, departing said northwesterly line, along the southwesterly line of said Lot 14, for a distance of 123.50 feet to the southeasterly line of Block 1/2450, of the aforementioned SECOND INSTALLMENT OF MAPLE VIEW ADDITION , same being the westerly corner of said Lot 14; THENCE South 44°04'29" West, along said southeasterly line, for a distance of 66.00 feet to the southerly corner of Lot 13, Block 1/2450, of said addition ; THENCE North 46°25'31" West, along the southwesterly line of said Lot 13, for a distance of 122.71 feet the westerly corner of said Lot 13, same being on the southeasterly line of Manor Way~f~\J '. .." R.0.W.); . :.~"'""'g)~ •~' R

'r

M SD OE Q0027 (6115 Den t o n Drive, et al. )


Exhibit A

MSDSURVEY Between Mockingbird Lane and Kimsey Drive along Denton Drive, Cedar Springs Road, and Maple A venue City of Dallas, Dallas County, Texas

3,479,009 sq. ft. I 79.867 ac.

GI S Ap pr o ve d

THENCE North 44 °06'51" East, along said southeasterly line of Manor Way, for a distance of 60.78 feet; THENCE North 46°25'31" West, departing said southeasterly line and passing the northwesterly line of said Manor Way, same being the southeasterly line of Block 2/2451 , of the aforementioned SECOND INSTALLMENT OF MAPLE VIEW ADDITION , continuing along the southwesterly line of Lot 14, of said Block, for a total distance of 172.68 feet to the westerly corner of said Lot, same being on the northwesterly line of said Block; THENCE North 44°09'02" East, along said northwesterly line, for a distance of 237.09 feet to the northerly corner of said addition, same being on the aforementioned southwesterly line of Owen Street; THENCE South 45°37'53" East, along said southwesterly line, for a distance of 418.52 feet, to the POINT OF BEGINNING and containing 104,859 square feet or 2.407 acres of land, SAVE AND EXCEPT 10,270 square feet or 0.236 acres of land being comprised of all of Lot 15, Block 1/2450, SECOND INSTALLMENT OF MAPLE VIEW ADDITION , an addition to the City of Dallas, recorded in Volume 4, Page 81, M.RD.C.T, together with that portion of Manor Way adjacent to said Lot 15 and extending to the northwesterly line of said Manor Way, said tract being a part of the MSD Survey described herein, being further described as follows: BEGINNING at the easterly corner of said Lot 15; THENCE South 44°04'29" West, along the southeasterly line of said Lot 15, for a distance of 59.50 feet; THENCE North 46°25'31" West, along the southwesterly line of said Lot 15, for a distance of 172.63 feet to point in the northwesterly right-of-way line of aforementioned Manor Way; THENCE North 44°06'51" East, along the northwesterly right-of-way line of said Manor Way, for a distance of 59.50 feet; THENCE South 46°25'31" East, departing said Manor Way, for a distance of 172.59 feet to the POINT OF BEGINNING and containing 10,270 square feet or 0.236 acres or land, more or less. SAVE AND EXCEPT TRACT TWO: BEING a 0.338 acre tract of land situated in the M. Bennett Survey, Abstract No. 52, within the City of Dallas , Dallas County, Texas, being within Blocks 2/2449, 1/2450, Official City Block Numbers, and being all of Lot 10, Block 2/2449, MAPLE VIEW ADDITION, an addition to the City of Dallas, recorded in Volume 3, Page 311, M.R.D.C.T., and all of Lot 10, Block 1/2450, SECOND INSTALLMENT OF MAPLE VIEW ADDITION, an addition to the City of Dallas, recorded in Volume 4, Page 81, M.R.D .C.T.

,,,.,.--/

c I

Bearings are based upon State Plane Coordinates, Texas North Central Zone 4202. NAO 1983.

SHT. M SD OEQ0027 (6115 Dent on Drive, et al.)

9

of26


Exhibit A

MSD SURVEY

//

Between Mockingbird Lone and Kimsey Drive along Den ton Drive, Cedar Springs Rood, and Maple A venue City of Dollos, Dallas County, Texas

3,479,009 sq. ft. /

79.867 ac.

K£Y MAP

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MSD OEQ0027 (6115 Denton Drive, et al.}

September 1J, 2013 Project No. 12095 SHT. 10 of 26


Exhibit A MSD SURVEY 8<Jtw:o:e11 .\1(\d.ingbir{f Lone one l<imsuy Drive 0/ong u_,nt-Jn Ori>.·e, Ced1r Spring;; Rood, and Maple 1\vt.:n';"" City oi Co/leis, Ou/lo;:: Courity, Tt!Y03

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OEQ0027 (6115 Denton Drive, et al.)

September 13, 2013 ··r.:iy·~t

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1~0?5

SHT. 11 of 26


Exhibit A MSD SURVEY 8PtWPcn lvlocicfngbird :_one: and l<irnset• Drive nlc n0 Ot:n ton . C.-i·1z.:, Cedar Sprit "')" Rn JJ, ::ml Maple A ve:nuc C.ty of Oollos, Ori/1 1 1:; r:ounty, ·1·exos SCA\.~·

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MSD OEQ0027 (6115 Denton Drive 1 et al.)

September 1J. 2013 Pro}cd N:>. 12'l]5 SHT. 12 of 26


Exhibit A MSD SURVEY Betv een 'vlockin~bird Lr;n'-: and Kimsqy Drive n/ong D· n ton Driv," C·::dor Springs Rc0d, onJ Mopk ·"' ·en1n ._; ty of OJI/us, Oullos County, foxos

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September 13, 2013 Frvjcrt N:;. : : J9!" SHT. 13 of 26

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Exhibit A

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MSD OEQ0027 (6115 Denton Drive, et al.)

September IJ, 2013 Pn;ect ,\!.;. 1.".'uS;J SHT. 14 of 26

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Exhibit A

MSD SURVEY Between A,'.0cf<inobirJ Lene and i<inist:y Ori'H~ cio:19 Ocntun Ori•/e, C::cor ::oprin9s Rood, and Mc;plu Av,~nu~ City 01 Out/as, Dolla.:0 County, Texas SC,.:.LE

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September 13, 2013 P. >J.'e~'t I h. 1:, .i:\1 SHT. 15 of 26

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Exhibit A

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September 13, 2013 Pr0f,'":t r.. o. 1/O'J!.; SHT. 16 of 26


Exhibit A

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September 13, 2013 Pr) jec t N,. 1209.5 SHT. 17 of 26

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MSD OEQ0027 (6115 Denton Drive, et al.)

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Exhibit A MSO SURVEY ., nc"m9b1rd ,· . . ' ,.,, Lor ·, . . rent)(, Urive ,'pr' ~"Jrin . It: md K1mSE:'! Drr've o/onq ' v,,vJ( R , t.,;ity cf ['of/as, Oallo:;sCo~~~i, on -I Ucple Avenue 3, 4 79, oog ty, rexes B<:L\~'1::<.:n

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MSD OEQ0027 (6115 Denton Dnve, . et al.)

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2B,


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September 13, 2013

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September 13, 2013 Prcj;;;:t ti.i. 1:'09S SHT. 23 of 26

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September 13, 2013 Pujoct ,\:.,. 7"'tJ'l5 SHT. 24 of 26


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LINE TABLE

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September 13, 2013 Pr~ /!~i ti " 12095 SHT. 25 of 26


Exhibit A MSD SURVEY Between Mockingbird Lone and Kimsey Drive along Oen ton Drive, Cedar Springs Rood, and Maple Avenue City of Dallas, Dallas County, Texas

3,479,009 sq. ft. /

79.867 ac.

VICINITY MAP

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North

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September 13, 2013 Project No. 12095

MSD OEQ0027 (6115 Denton Drive, et al.)

SHT. 26 of 26


AGENDA ITEM # 78 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

35 W ________________________________________________________________

SUBJECT A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from a church, Oak Lawn United Methodist Church, required by Section 6-4 of the Dallas City Code to allow a mixed beverage permit with a food and beverage certificate for a proposed restaurant without drive-in or drive-through service, [Mattito’s] on property on the southeast corner of Cedar Springs Road and Oak Lawn Avenue - AV134-001- Financing: No cost consideration to the City BACKGROUND Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Council to grant a variance from the usual spacing required between an alcohol business and a protected use. The usual spacing requirement is 300 feet along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. The standard for approval of the variance is that: A. the application is for (i) a wine and beer retailer’s permit pursuant to Chapter 25 of the Texas Alcoholic Beverage Code; (ii) a wine and beer retailer’s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code; or (iii) a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate; B. the application is for (i) a general merchandise or food store use with 10,000 square feet or more of floor area or (ii) a restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code; C. alcoholic beverages will not be sold by drive-in or drive-through service; and


BACKGROUND (Continued) D. enforcement of the spacing requirements in this particular instance: (i) is not in the best interest of the public; (ii) constitutes waste or inefficient use of land or other resources; (iii) creates an undue hardship on an applicant for an alcohol permit; (iv) does not serve its intended purpose; (v) is effective or necessary; or (vi) for any other reason that the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. An application for a waiver of the spacing requirements was submitted on October 9, 2013 for Mattito’s restaurant, represented by David Denney. The Oak Lawn United Methodist Church is located to the southwest and is the church that creates the need for the variance. The applicant has submitted the following information regarding a statement of why the variance meets the standard of approval: (1) “The entrance to Oak Lawn United Methodist Church (the “Church”) is located on Cedar Springs Road, and according to measurement by TABC guidelines, is greater than three hundred feet (300’) from the entrance to Mattito’s. According to City of Dallas measurements, however, the front door of the church is less than 300 feet, measured door-to-door, from the entrance to Mattito’s (See Exhibit A attached hereto for a survey showing the location and distances of the subject properties and the front door of the location of the proposed restaurant). (2) In this instance, strict enforcement of the alcohol distance requirements is overly restrictive and is not in the best interest of the public for the following reasons: (i)

The space occupied by Mattito’s in the Centrum Building has, for at least the past two decades, been the home of notable restaurant venues (which sold mixed beverages), including Star Canyon and Silver Fox Steakhouse. Mattito’s, a family restaurant and responsible steward of its TABC permit for the past twenty-one (21) years, will occupy the same space as those other restaurants, with the same door.

Agenda Date 11/12/2013 - page 2


BACKGROUND (Continued) (ii)

Mattito’s is a fixture in the Dallas community, having just st celebrated its twenty-first (21 ) year in business, and supports a host of charities and civic organizations (See Exhibit B for a list of the organizations Mattito’s has supported over just the past two (2) years, and a selection of noteworthy press about Mattito’s).

(iii)

Mattito’s has never received a citation or notice of violation from the TABC.

(iv)

In the process of moving its TABC permit from the 3011 Routh location to the Centrum, Mattito's had an independent surveyor measure the distance from the front door of Mattito's to the front door of the Church using TABC guidelines. According to these guidelines, the distance between those doors is greater than 300'. The City of Dallas, however, conducts its measurements differently than the TABC guidelines, which necessitated the need for this variance. (See Exhibit C for measurement guidelines from the TABC website.)

(3) For these reasons, the applicant respectfully requests approval of a variance pursuant to Sections 6-4(g) of the City Code." The site is approximately 2.96 acres with an approximately 323,000 square foot multitenant office and retail building approximately 9 stories tall with structured parking. The requested site is located in Planned Development District No. 157. The site is along two major thoroughfares: Oak Lawn Avenue and Cedar Springs Road. Both thoroughfares are developed primarily with retail, office, and hotel uses with medium density residential uses behind the commercial corridors. The Oak Lawn Methodist Church is located to the southwest of the site across Cedar Springs Road. Due to the requested site being across a major thoroughfare from the protected use and the commercial nature of Cedar Springs Road and Oak Lawn Avenue, staff can support this request. This item requires two seconds to pass.

Agenda Date 11/12/2013 - page 3


PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 9, 2009, the City Council approved an amendment to Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code to allow a process for a variance to the spacing requirements between a business selling alcohol and a public or private school. On October 26, 2011, and September 26, 2012, the City Council further amended Section 6-4 of Chapter 6. FISCAL INFORMATION No cost consideration to the City. MAP Attached.

Agenda Date 11/12/2013 - page 4


*

AV134-001

1:1 ,500

*Approximate location of business requesting alcohol variance

+ business Land use requiring spacing from requesting alcohol sales: Church


AV 13'-J-DO 1 THE LAW OFFICES OF DAVID T. DENNEY A PROFESSIONAL CORPORATION

8350 N. Central Expressway, Suite 925 Dallas, Texas 75206 Phone: 214.739.2900 Fax: 214.739 .2909

David T. Denney

October 9, 2013

RECEIVED BY

Via Hand Delivery

Mrs. Neva Dean Department of Sustainable Development and Construction City of Dallas 1500 Marilla Street, Room 5BN Dallas, Texas 75201

OCT 0 9 2013 Current Planning

Re: Application for Variance from Distance Requirements for Alcohol Sales Dear Ms. Dean: On behalf of Lone Star Tex-Mex Corporation, dba Mattito's Tex-Mex ("Mattito's"), and pursuant to Section 6-4(g) of the City of Dallas Code, please consider this letter as an application for a variance from the distance requirements of Section 6-4( a) for alcohol sales in proximity to a church. The request is made to allow mixed beverage sales for on-premise consumption in conjunction with the Mattito's Tex-Mex Restaurant moving from its current location at 3011 Routh Street to 3102 Oak Lawn Avenue. In support of this request, we offer the following required information: (A)

Name of the owner of the property where the alcohol business will be located: Centrum Plaza, Ltd.

(B)

Name and address of the application for the alcohol permit: Lone Star Tex-Mex Corporation Physical Address: 3102 Oak Lawn Ave., Suite 144 Dallas, Texas 75219 Mailing Address: 12655 N. Central Expressway, Suite 920 Dallas, Texas 75243

(C)

Type of alcohol permit being sought: Mixed Beverage, with Food & Beverage Certificate (RM)


Ms. Neva Dean October 9, 2013

Page2

(D)

Name and address of the protected use (Church): Oak Lawn United Methodist Church 3014 Oak Lawn Avenue Dallas, Texas 75219

(E)

Statement regarding how the request meets the variance standards of the city code:

The entrance to Oak Lawn United Methodist Church (the "Church") is located on Cedar Springs road, and according to measurement by T ABC guidelines, is greater than three hundred feet (300') from the entrance to Mattito's. According to City of Dallas measurements, however, the front door of the church is less than 300 feet, measured door-to-door, from the entrance to Mattito' s. (See Exhibit A attached hereto for a survey showing the location and distances of the subject properties and the front door of the location of the proposed restaurant).

In this instance, strict enforcement of the alcohol distance requirements 1s over! y restrictive and is not in the best interest of the public for the following reasons: •

The space occupied by Mattito' s in the Centrum Building has, for at least the past two decades, been the home of notable restaurant venues (which sold mixed beverages), including Star Canyon and Silver Fox Steakhouse. Mattito's, a family restaurant and responsible steward of its TABC permit for the past twenty-one (21) years, will occupy the same space as those other restaurants, with the same door.

Mattito' s is a fixture in the Dallas community, having just celebrated its twentyfirst (21 51) year in business, and supports a host of charities and civic organizations. (See Exhibit B for a list of the organizations Matti to' s has supported over just the past two (2) years, and a selection of noteworthy press about Mattito's).

Mattito's has never received a citation or notice of violation from the TABC.

In the process of moving its TABC permit from the 3011 Routh location to the Centrum, Mattito' s had an independent surveyor measure the distance from the front door of Mattito' s to the front door of the Church using T ABC guidelines. According to those guidelines, the distance between those doors is greater than 300'. The City of Dallas, however, conducts its measurements differently than the T ABC guidelines, which necessitated the need for this variance. (See Exhibit C for measurement guidelines from the TABC website.)

For these reasons, the applicant respectfully requests approval of a variance pursuant to Sections 6-4(g) of the City Code.


Ms. Neva Dean October 9, 2013 Page3

Also enclosed please find check(s) payable to the City of Dallas totaling $1,240.00 representing the application and signage fees. 路 Please do not hesitate to contact me at the number above should you have any questions, or if additional information is requested. Sincerely, \

David T. Denney

DTD:sr


EXHIBIT A


100

50

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SURVEY MAP FOR BEER AND WINE SALE APPLICATION 3102 OAK LAWN AVENUE SUITE 144 MATTITO'S Lot lA, Block T/1036

I

to determine if the place of business is located near any ' protected uses. This survey map

dillgent search of public records

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OWNER LONE STAR TEX-MEX CORPORATION 12655 N CENTRAL EXPY STE 920 DALLAS, TEXAS 75243

BASED ON PHYSICAL SITE SURVEY AND MEASUREEMNT, FRONT DOOR TO FRONT DOOR DISTANCE BET\\EEN SUBJECT BUSINESS SPACE AND CHURCH ALONG THE PROPERTY LINES, NEAREST CROSSING, ANO

(MINIMUM REQUIREMENT}.

EXISTING GROUND SURFACE IS GREAlER THAN 300 FT

~----~-

SURVEY DATE: September 3, --..


EXHIBITB


Charitable Donations

2012-2013 Organization

City

North Dallas Earl Childhood PTA Big Brothers Big Sisters William Lipscomb PTA

Dallas Dallas

Dallas Junior Stars

Dallas Frisco Dallas

United Way Gay & Lesbian Fund of Dallas

Dallas

St. Phillips Preschool

Frisco

LGBT Black Tie Retina Foundation Mi Esculita Friends of Dallas Police Dallas Services vision Bryans House United Way

Dallas Dallas Dallas Dallas Dallas Dallas

Christian Care Centers Baylor Health Foundation Treasure Street Scottish Rite Hospital

Mesquite Dallas Dallas

Armstrong elementary PTA Junior Players University park Elementary school PTA

Dallas Dallas Dallas

Dallas LUV Classic St. Jude Heritage High School

Dallas Dallas

Kennas Kids Cup White Rock Montessori Purefoy Elementary School Knight Of Columbus McCoy PTA The Covenant School Humanitarian Hands Cystic Fibrosis NTIAGL Highland Park Tennis Winston School Of Rock Bryans House United Way Temple Emanuel Pre School Hyer Elementary PTA

Frisco Frisco Dallas Frisco Frisco Carrollton Dallas Dallas Dallas Dallas Dallas Dallas Dallas Dallas Dallas

Preston Hollow Elementary PTA Special Olympics

Dallas Dallas

St Marks Hockaday Parents association The Covenant School

Dallas Dallas Dallas

Year

2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2012 2012 2012 2012 2012 2012 2012 2012 2012


Richardson Youth Hockey Grace Pointe Church Slipper club of Dallas Volunteer centers of north Texas Friends of Dallas Police

Richardson Irving Dallas Dallas Dallas McKinney

MaineGait Liberty High School

Frisco

Frisco Family Services

Frisco

Chrons & Colitis foundation Junior Charity League I Stand for Parkland

Dallas Dallas Dallas Dallas

Special Olympics Prosper High School

Prosper

Travis Tag PTA University park Elementary school PTA

Dallas Dallas

St. Jude William Lipscomb PTA Camp Summit Booker T Washington visual arts

Dallas Dallas Dallas Dallas

Art In the City NTTAGL

Dallas Dallas Dallas

Mi Esculita

2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012


COUNCIL CHAMBER

November 12, 2013 WHEREAS, Subsection 6-4(g) of the Dallas City Code authorizes the City Council to grant variances from the alcohol spacing requirements prescribed by Subsection 6-4(a) of the Dallas City Code; and WHEREAS, Lone Star Tex-Mex Corporation, DBA Mattitoâ&#x20AC;&#x2122;s, has submitted an application for a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate and is requesting a variance to the alcohol spacing requirements for property on the east corner of Cedar Springs Road and Oak Lawn Avenue, northeast from Oak Lawn United Methodist Church; and WHEREAS, the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, finds that enforcement of the alcohol spacing requirements in this particular instance: (1) (2) (3) (4) (5)

is not in the best interest of the public; constitutes waste or inefficient use of land or other resources; creates an undue hardship on an applicant for an alcohol permit; does not serve its intended purpose; and is not effective or necessary; and

WHEREAS, the City Council desires to grant the alcohol spacing variance; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the variance to the alcohol spacing requirements for Lone Star Tex-Mex Corporation, DBA Mattitoâ&#x20AC;&#x2122;s, located on property on the east corner of Cedar Springs Road and Oak Lawn Avenue (AKA 3102 Oak Lawn Avenue Suite 144, Lot 1A of BlockT/1036), northeast from Oak Lawn United Methodist Church, is granted, subject to the following conditions: (1)

This alcohol spacing variance is valid only for a mixed beverage permit for on-premise consumption pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate.

(2)

This alcohol spacing variance is valid only for a restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code.

(3)

Alcoholic beverages may not be sold by drive-in or drive-through service.

(4)

This alcohol spacing variance is valid for subsequent renewals of the alcohol permit.


COUNCIL CHAMBER

November 12, 2013 (5)

This alcohol spacing variance may not be transferred to another location or to another alcohol permit holder.

Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 79 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

13

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

14 W ________________________________________________________________

SUBJECT A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from Thomas C. Marsh Middle School, a public school, required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer’s off-premise permit for a proposed general merchandise or food store greater than 10,000 square feet [CVS Corp.] on property on the southwest corner of Forest Lane and Cox Lane AV123-010 - Financing: No cost consideration to the City BACKGROUND Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Council to grant a variance from the usual spacing required between an alcohol business and a protected use. The usual spacing requirement is 300 feet along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. The standard for approval of the variance is that: A. the application is for (i) a wine and beer retailer’s permit pursuant to Chapter 25 of the Texas Alcoholic Beverage Code; (ii) a wine and beer retailer’s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code; or (iii) a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate; B. the application is for (i) a general merchandise or food store use with 10,000 square feet or more of floor area or (ii) a restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code; C. alcoholic beverages will not be sold by drive-in or drive-through service; and


BACKGROUND (Continued) D. enforcement of the spacing requirements in this particular instance: (i) is not in the best interest of the public; (ii) constitutes waste or inefficient use of land or other resources; (iii) creates an undue hardship on an applicant for an alcohol permit; (iv) does not serve its intended purpose; (v) is effective or necessary; or (vi) for any other reason that the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. An application for a waiver of the spacing requirements was submitted on August 20, 2013, by CVS Corporation. Thomas C. Marsh Middle School is located to the northeast and is the school that creates the need for the variance. The applicant has submitted the following information regarding a statement of why the variance meets the standard of approval: (1) “The property is zoned for Community Retail uses and is located along a major thoroughfare. The property is platted as a separate lot from the shopping center located to the south. The applicant maintains a use that is almost 11,000 square feet. The protected use sits on a 20 acre lot that includes a practice field, and baseball fields. The protected use unfairly encumbers this applicant since it is separated only by the major thoroughfare. The shopping centers to the north and south can maintain the required spacing requirements for their tenants that seek to sell alcoholic beverages. This creates an undue hardship on the applicant’s ability to provide services for area residents as they are allowed to at their other locations.” The site is approximately 1.15 acres with a standalone general merchandise store and is zoned a CR Community Retail District. The site is located on a major thoroughfare (Forest Lane). Due to the request site being located across a major thoroughfare from the protected use, staff can support this request. This item requires two seconds to pass. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 9, 2009, the City Council approved an amendment to Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code to allow a process for a variance to the spacing requirements between a business selling alcohol and a public or private school. On October 26, 2011, and September 26, 2012, the City Council further amended Section 6-4 of Chapter 6.

Agenda Date 11/12/2013 - page 2


PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On October 23, 2013, this item was held under advisement by Council. FISCAL INFORMATION No cost consideration to the City. MAP Attached.

Agenda Date 11/12/2013 - page 3


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1. I hove conducted (or caused to be conducted) o physical inspection of the area and a diligent search of public records to determine if the place of business is located near any protected uses. The survey map shows that the place of business where alcoho!ic beverages will be sold meets the location requirements in Dallas

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City Code Section 6-4. THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY KYLE F. WHITIS, P.E. 101330 ON 07 /23/2013. AL TERA TION OF A SEALED DOCUMENT WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER THE TEXAS ENGINEERING PRACTICE ACT.

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2. Distances shown are based on City of Dallas GIS aerial information and ore not the result of an on the ground survey. 3. Results from online resources and field observations, as shown, do not indicate that a protected use is located within the required minimum distances as determined by the City of Dallas measurement methods upon date of signature.

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SCALE DATE JOB NUMBER CVS #7672, 3798 FOREST LANE, "'" DRAWN BY CHECKED BY ~ ...~A_J_c~--~-KF_w~--~-1-"=_3_o_o_·~--o-7_J_23_1_2_0_13........._3_15_6_-_,_o_.3_11~..1.o~C~ITY~~O~F--DA~L~LA--S,~D~A~LLAS;..;~C~O~U~NTY....;·~T~E~XA;.;.;.S~~

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~~ Maslerplan

AV 7~'!> --010

Land Use Consultants

August 15, 2013 Mr. David Cossum Interim Director Department of Sustainable Development and Construction City of Dallas 1500 Marilla, Room SDS Dallas, Texas 75201 RE:

Variance for general merchandise store greater than 10,000 square feet selling beer and wine for off-premise consumption located at 3798 Forest Lane.

Dear Mr. Cossum: As the authorized representative for CVS, we submit this letter as an official application for a variance to the distance restrictions for alcohol sales pursuant to Chapter 6-4(g) of the Dallas City Code. (A) The name of the owner of the property where the alcohol business is located is Forest and Marsh Lanes Shopping Center, LTD., Park Forest Properties, Inc. (B) The applicant for the alcohol permit at this location is CVS Corporation, 1 CVS Drive, Woonsocket, RI 02895

(C) The alcohol permit sought for this location is for a wine and beer retailers off-premise permit pursuant to the Texas Alcohol Beverage Code Chapter 26. (D) The protected use that creates the need for a variance is Thomas C. Marsh Middle School, 3838 Crown Shore Drive, Dallas, Tx. 75244 (E) A certified survey that identifies the distance from the main entrance of the CVS to the front door of Thomas C. Marsh Middle School exceeds 1900 feet. (F) The property is zoned for Community Retail uses and is located along a major thoroughfare. The property is platted as a separate lot from the shopping center located to the south. The applicant maintains a use that is almost 11,000 square feet. The protected use sits on a 20 acre lot that includes a practice field, and baseball fields. The protected use unfairly encumbers this applicant since it is separated only by the major thoroughfare. The shopping centers to the north and south can maintain the required spacing requirements for their tenants that seek to sell alcoholic beverages. This creates an undue hardship on the applicant's ability to provide services for area residents as they are allowed to at their other locations.


We have included a TABC field survey, existing site plan for this general merchandise use greater than 10,000 square feet, and the filing fee for this request.

Please feel free to contact our offices if you need any additional information regarding this application.

Âą!2ft

Authorized representative for

CVS

From Stcirt to SJtisfci( tion

900 Jackson St. Suite 640, Dallas, TX 75202

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tel 214.761.9197 rax 214.748. 7 ! !..t ,._ mnstcrplm1consultants.corn


COUNCIL CHAMBER

November 12, 2013 WHEREAS, Subsection 6-4(g) of the Dallas City Code authorizes the City Council to grant variances from the alcohol spacing requirements prescribed by Subsection 6-4(a) of the Dallas City Code; and WHEREAS, CVS Corporation has submitted an application for a wine and beer retailerâ&#x20AC;&#x2122; s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code, and is requesting a variance to the alcohol spacing requirements for property on the southwest corner of Forest Lane and Cox Lane, southwest of Thomas C. Marsh Middle School, a public school; and WHEREAS, the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, finds that enforcement of the alcohol spacing requirements in this particular instance: (1)

is not in the best interest of the public;

(2)

constitutes waste or inefficient use of land or other resources;

(3)

creates an undue hardship on an applicant for an alcohol permit;

(4)

does not serve its intended purpose; and

(5)

is not effective or necessary; and

WHEREAS, the City Council desires to grant the alcohol spacing variance; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the variance to the alcohol spacing requirements for CVS Corporation, located on property on the southwest corner of Forest Lane and Cox Lane (AKA Lot 1 of Block A/6444), southwest of Thomas C. Marsh Middle School, a public school, is granted, subject to the following conditions: (1)

This alcohol spacing variance is valid only for a wine and beer retailerâ&#x20AC;&#x2122;s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code.

(2)

This alcohol spacing variance is valid only for a general merchandise or food store with 10,000 square feet or more of floor area.

(3)

Alcoholic beverages may not be sold by drive-in or drive-through service.


COUNCIL CHAMBER

November 12, 2013 (4)

This alcohol spacing variance is valid for subsequent renewals of the alcohol permit.

(5)

This alcohol spacing variance may not be transferred to another location or to another alcohol permit holder.

Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.


AGENDA ITEM # 80 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

November 12, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

43 M ________________________________________________________________

SUBJECT A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from L.G. Pinkston High School, a public school, required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer’s off-premise permit for a proposed general merchandise or food store greater than 10,000 square feet [Minyard Food Store] on property on the northwest corner of North Hampton Road and Singleton Boulevard - AV123-011 - Financing: No cost consideration to the City BACKGROUND Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Council to grant a variance from the usual spacing required between an alcohol business and a protected use. The usual spacing requirement is 300 feet along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. The standard for approval of the variance is that: A. the application is for (i) a wine and beer retailer’s permit pursuant to Chapter 25 of the Texas Alcoholic Beverage Code; (ii) a wine and beer retailer’s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code; or (iii) a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate; B. the application is for (i) a general merchandise or food store use with 10,000 square feet or more of floor area or (ii) a restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code; C. alcoholic beverages will not be sold by drive-in or drive-through service; and


BACKGROUND (Continued) D. enforcement of the spacing requirements in this particular instance: (i) is not in the best interest of the public; (ii) constitutes waste or inefficient use of land or other resources; (iii) creates an undue hardship on an applicant for an alcohol permit; (iv) does not serve its intended purpose; (v) is effective or necessary; or (vi) for any other reason that the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. An application for a waiver of the spacing requirements was submitted on August 20, 2013, by Minyards Food Store. L.G. Pinkston High School is located to the north and is the school that creates the need for the variance. The applicant has submitted the following information regarding a statement of why the variance meets the standard of approval: (1) “The property is zoned for Community Retail uses and is located at the intersection of two major thoroughfares. The property is over 13 acres and has been developed with over 100,000 square feet of retail, restaurant, and other commercial uses. The Minyards Food Store seeking the variance request is the largest full service grocery store (36,680 square feet) located between the Trinity River, Walton Walker Boulevard, and Interstate 30. According to current records from the Census Bureau, there are over 24,000 residents that live in this area. The protected use sits on a 16 acre lot that includes a football practice field, track, and baseball fields. The protected use and the shopping center share a common property line. This creates an undue hardship on the applicant’s ability to provide services for area residents as they are allowed to at their other locations.” The site is approximately 13 acres, developed with a multi-tenant shopping center and is zoned a CR Community Retail District. The site is located at the intersection of two major thoroughfares (Hampton Road and Singleton Boulevard). Due to the location on two major thoroughfares, staff can support this request. This item requires two seconds to pass. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 9, 2009, the City Council approved an amendment to Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code to allow a process for a variance to the spacing requirements between a business selling alcohol and a public or private school.

Agenda Date 11/12/2013 - page 2


PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On October 26, 2011, and September 26, 2012, the City Council further amended Section 6-4 of Chapter 6. On October 23, 2013, this item was held under advisement by Council. FISCAL INFORMATION No cost consideration to the City. MAP Attached.

Agenda Date 11/12/2013 - page 3


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THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY KYLE F. WHITIS, P.E. 101330 ON 08/08/2013. ALTERATION OF A SEALED DOCUMENT WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER TIHE TEXAS ENGINEERING PRACTICE ACT.

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NOTES: 1. I have conducted (or caused to be conducted) a physical inspection of the area and a diligent search of public records to determine if the place of business is located near any protected uses. The survey map shows that the place of business where alcoholic beverages will be sold meets the location requirements in Dallas City Code Section 6-4. 2. Distances shown are based on City of Dallas GIS aerial information and are not the result of an on the ground survey. 3. Results from online resources and field observations, as shown, do not indicate that a protected use is located within the required minimum distances as determined by the City of Dallas measurement methods upon date of signature.

T_A_B_C __A_L_C_O_H_O_L_........ PERMIT EXHIBIT

~1-~-----P-a_c_h_e_c_o __ K_o_c_h_835-0-N.-C-EN1R_A_L-EX-PWY-.-SU-ITE_1_00_0___ DALLAS, TX 75206

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_ _ _ _ ,Hilll!!!!O!l@ftllm!ll'.li!llm"""ET"""'-! TX REG. ENGINEERING FIRM F-469 DALLAS

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SCALE

DATE

JOB NUMBER

MINYARDS, 2223 SINGLETON BLVD ••

~ ....~K-FW~...i.~-K-F_w~.....~1-·_~_30_0_·~._o_a_1_08_/_2_0_13.....~3-1_s_s-~10_.3_1_1....ll...~C~ITY;.;..~O~F~D~A~LLA;;;.;;S~,-D~A~LLAS;;;;.;;;..;C~O~U~N~TY~.:..;;TEXA;;;.~S~J DWG FILE: 2223 SINGLETON.DWG -------·---··-····-··-- ···-·-·········


~~ Maslerplan Land Use Consultants

AV IJ3 - 01/

August 20, 2013 Mr. David Cossum Interim Director Department of Sustainable Development and Construction City of Dallas 1500 Marilla, Room 5DS Dallas, Texas 75201 RE:

Variance for general merchandise store greater than 10,000 square feet selling beer and wine for off-premise consumption located at 2223 Singleton.

Dear Mr. Cossum: As the authorized representative for Minyard Food Store, we submit this letter as an official application for a variance to the distance restrictions for alcohol sales pursuant to Chapter 6-4(g) of the Dallas City Code. (A) The name of the owner of the property where the alcohol business is located is Lakewest Revitalization Foundation, Inc. (B) The applicant for the alcohol permit at this location is Minyard Food Store, 1430 Valwood Pkwy, Suite 125, Carrollton, TX 75006.

(C) The alcohol permit sought for this location is for a wine and beer retailers off-premise permit pursuant to the Texas Alcohol Beverage Code Chapter 26. (D) The protected use that creates the need for a variance is LG. Pinkston High School, 2200 Dennison Street, Dallas, Texas 75212. (E) A certified survey that identifies the distance from the main entrance of the Minyard Food Store to the front door of LG. Pinkston High School exceeds 1770 feet. (F) The property is zoned for Community Retail uses and is located at the intersection of two major thoroughfares. The property is over 13 acres and has been developed with over 100,000 square feet of retail, restaurant, and other commercial uses. The Minyards Food Store seeking the variance request is the largest full service grocery store (36,680 square feet) located between the Trinity River, Walton Walker Boulevard, and Interstate 30. According to current records from the Census Bureau, there are over 24,000 residents that live in this area. The protected use sits on a 16 acre lot that includes a football practice field, track, and baseball fields. The protected use and the shopping center share a common property line. This creates an undue hardship on the applicant's ability to provide services for area residents as they are allowed to at their other locations.


We have included a TABC field survey, existing site plan for this general merchandise use greater than 10,000 square feet, and the filing fee for this request.

Please feel free to contact our offices if you need any additional information regarding this application.

San~M~11짜

Authorized representative for Minyard Food Store

Frorn Start to SL1tisfzic:tior1 900 Jackson St. Suite 640, Dallas, TX 75202 ..,_ tel 214. 761.9197 fax 214.748. 7114 _., mastcrplanconsu!tants.cmn


COUNCIL CHAMBER

November 12, 2013 WHEREAS, Subsection 6-4(g) of the Dallas City Code authorizes the City Council to grant variances from the alcohol spacing requirements prescribed by Subsection 6-4(a) of the Dallas City Code; and WHEREAS, Minyards Food Store has submitted an application for a wine and beer retailerâ&#x20AC;&#x2122;s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code, and is requesting a variance to the alcohol spacing requirements for property on the northwest corner of North Hampton Road and Singleton Boulevard, south from L.G. Pinkston High School, a public school; and WHEREAS, the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, finds that enforcement of the alcohol spacing requirements in this particular instance: (1)

is not in the best interest of the public;

(2)

constitutes waste or inefficient use of land or other resources;

(3)

creates an undue hardship on an applicant for an alcohol permit;

(4)

does not serve its intended purpose; and

(5)

is not effective or necessary; and

WHEREAS, the City Council desires to grant the alcohol spacing variance; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the variance to the alcohol spacing requirements for Minyards Food Store, located on property on the northwest corner of North Hampton Road and Singleton Boulevard (AKA 2223 Singleton Boulevard), south from L.G. Pinkston High School, a public school, is granted, subject to the following conditions: (1)

This alcohol spacing variance is valid only for a wine and beer retailerâ&#x20AC;&#x2122;s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code.

(2)

This alcohol spacing variance is valid only for a general merchandise or food store with 10,000 square feet or more of floor area.

(3)

Alcoholic beverages may not be sold by drive-in or drive-through service.


COUNCIL CHAMBER

November 12, 2013 (4)

This alcohol spacing variance is valid for subsequent renewals of the alcohol permit.is alcohol spacing variance is valid for subsequent renewals of the alcohol permit.

(5)

This alcohol spacing variance may not be transferred to another location or to another alcohol permit holder.

Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.


Dallas City Council Agenda: November 12, 2013 Part II  
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