Page 1


AGENDA ITEM # 50 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize a one-year service contract for public awareness, advertising and marketing related to GrowSouth - with Allyn Media, most advantageous proposer of seven – Not to exceed $250,000 – Financing: Public/Private Partnership Funds BACKGROUND This service contract will allow the Office of Economic Development in partnership with the Mayor’s Office and the Public Information Office to hire a media and marketing firm to provide strategic, creative, interactive, media and public relation services related to the Mayor’s GrowSouth campaign. The deliverables will include research and planning, creative development, marketing communications, media placement and public relations. The Mayor launched his GrowSouth campaign in February 2012, with a focus on smartly developing Southern Dallas. GrowSouth is a comprehensive strategy to build a foundation for sustainable growth which includes key projects that can serve as catalysts for development in key areas. The City has presented a work plan that supports what they can accomplish as part of “GrowSouth” including short term and long term infrastructure and capital improvements that will support and enhance growth in Southern Dallas. With nine targeted areas/neighborhoods, and ten primary objectives, the GrowSouth initiative is a multifaceted approach to encourage growth and development in Southern Dallas. The media campaign would focus on paving the way for new perceptions of Southern Dallas. On July 18, 2013, the City of Dallas issued a RFP seeking proposals from professional marketing firms to develop a targeted public awareness campaign to complement the branding efforts of the Mayor’s GrowSouth initiative.


BACKGROUND (Continued) A six member evaluation committee was selected from the following departments: Economic Development (1) Police (1) Public Information Office (1) Mayor’s Office (1) Strategic Customer Service (1) Business Development and Procurement Services (1)* *Business Development and Procurement Services only evaluated the proposed pricing The successful proposer was selected by the committee on the basis of demonstrated competence and qualifications under the following criteria: Pricing: services provided within a fixed budget Quality of prior campaigns and qualifications of key staff Responsiveness to proposal, proposed method for conducting campaigns and project plan Experience in the last five years with development of public awareness or advertising campaign as the primary business focus

30 25 25 20

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 1639 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. Allyn Media from Dallas, TX was determined to be the most advantageous bidder, and Council is asked to authorize a $250,000 services contract for a one year term. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 2, 2013, a memo was submitted to the Economic Development Committee regarding the selection of Allyn Media for the GrowSouth media campaign. FISCAL INFORMATION $250,000 - Public/Private Partnership Funds

Agenda Date 12/11/2013 - page 2


M/WBE INFORMATION 338 – M/WBE Vendors contacted 337 – No response 1 – Response (Bid) 0 – Response (No bid) 1 – Successful vendor 1639 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. ETHNIC COMPOSITION Allyn Media White Male Black Male Hispanic Male Other Male

3 0 0 0

White Female Black Female Hispanic Female Other Female

9 0 0 0

PROPOSAL INFORMATION The following proposals were received from solicitation number BDZ1329 and were opened on August 29, 2013. This contract is being awarded in its entirety to the most advantageous proposer. *Denotes successful proposer Proposers

Address

Score

*Allyn Media

3232 McKinney Ave. Suite 660 Dallas TX 75204

87.29

Time Warner Cable Media

5001 Spring Valley Rd. Suite 300E Dallas TX 75244

86.09

Moatsworks Studios, LLC 1568 Sandston Dr. Frisco, TX 75034

82.29

Agenda Date 12/11/2013 - page 3


PROPOSAL INFORMATION (Continued) Proposers

Address

Score

aMAEzing, LLC

215 N. Center St. Suite 1507 San Antonio, TX 78202

70.53

Enigma LLC

100 Crescent Court Suite 700 Dallas TX 75201

67.45

Marcus Graham Project

1409 S. Lamar St. Suite 108 Dallas TX 75215

64.01

Adbongo, Inc

2626 Valley View Lane Dallas TX 75234

40.66

OWNER Allyn Media Mari Woodlief President and CEO

Agenda Date 12/11/2013 - page 4


BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a one-year service contract for public awareness, advertising and marketing related to GrowSouth - with Allyn Media, most advantageous proposer of seven – Not to exceed $250,000 – Financing: Public/Private Partnership Funds is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Other Services _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount

Percent

Total local contracts Total non-local contracts

$250,000.00 $0.00

100.00% 0.00%

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

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

TOTAL CONTRACT

$250,000.00

100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local

Certification

Allyn Media

WFWB56348N0114

Total Minority - Local

Amount

Percent

$250,000.00

100.00%

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

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

$250,000.00

100.00%

Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$0.00 $0.00 $0.00 $0.00 $250,000.00

0.00% 0.00% 0.00% 0.00% 100.00%

$0.00 $0.00 $0.00 $0.00 $250,000.00

0.00% 0.00% 0.00% 0.00% 100.00%

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

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

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

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

Total

$250,000.00

100.00%

$250,000.00

100.00%


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the Mayor’s GrowSouth Initiative has a primary goal to foster economic development opportunities in Southern Dallas; and WHEREAS, in order to help further the goals of the GrowSouth Initiative, the City desires additional marketing and media campaign assistance; and WHEREAS, on July 18, 2013, the City issued a RFP to seek additional assistance to market and develop a media campaign related to the GrowSouth initiative; and WHEREAS, Allyn Media has been determined to have submitted the most advantageous proposal of seven; and WHEREAS, the City desires to enter into a service contract with Allyn Media in order to develop a marketing and media campaign related to GrowSouth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to execute a one-year service contract with Allyn Media for public awareness, advertising and marketing related to GrowSouth. Section 2. That the City Controller is hereby authorized to disburse funds from: Fund 0352, Department ECO, Unit 9992, Object 3070, Activity PPPF, CT ECO9992B254, Vendor No. VS0000049681, in an amount not to exceed $250,000. 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, and it is accordingly so resolved.


AGENDA ITEM # 51 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

1

DEPARTMENT:

Sustainable Development and Construction Housing/Community Services

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

54D ________________________________________________________________

SUBJECT Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Roy L. Smith, Inc., of approximately 10,260 square feet of land improved with a transmission repair facility, located near the intersection of Zang Boulevard and Davis Street for Zang-Davis Median Improvement Project – Not to exceed $375,368 ($370,368 plus closing cost and title expenses not to exceed $5,000, which were previously authorized on May 22, 2013 by Resolution No. 13-0843) Financing: 2010-11 Community Development Block Grant Reprogramming Funds BACKGROUND This item authorizes the acquisition of approximately 10,260 square feet of land improved with a transmission repair facility, located near the intersection of Zang Boulevard and Davis Street for the Zang-Davis Median Improvement Project from Roy L. Smith, Inc. This property will be used for median improvements. The consideration is based on an independent appraisal. On May 22, 2013, Dallas City Council approved Resolution No. 13-0843 authorizing the acquisition of this property. Due to unresolved lien issues, the City must now exercise the right of eminent domain. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized acquisition on May 22, 2013, by Resolution No.13-0843.


FISCAL INFORMATION 2010-11 Community Development Block Grant Reprogramming Funds - $375,368 ($370,368, plus closing costs and title expenses not to exceed $5,000, which were previously authorized on May 22, 2013 by Resolution No. 13-0843) OWNER Roy L. Smith, Inc. Roy L. Smith, President MAP Attached

Agenda Date 12/11/2013 - page 2


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COUNCIL CHAMBER

December 11, 2013 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATION FOR PUBLIC USE. WHEREAS, the Dallas City Council by Resolution No. 13-0843 on May 22, 2013 authorized acquisition by purchase of a fee simple interest in the property described in Exhibit A held by the owner and for the public purpose/project therein described; and WHEREAS, title issues to the property have arisen that may necessitate the use of eminent domain; and WHEREAS, the Dallas City Council wishes to authorize the use of eminent domain should the property owner not accept the City’s offer, or should the title issues not be able to be satisfactorily resolved; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: "CITY": The City of Dallas “PROPERTY": Approximately 10,260 square feet of property located in Dallas County, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes. “PROJECT”: “USE”:

Zang-Davis Median Improvement

Public Gateway Improvement to Bishop Arts

"PROPERTY INTEREST":

Fee Simple

"OWNER": Roy L. Smith, Inc., provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. "OFFER AMOUNT":

$370,368

"CLOSING COSTS AND TITLE EXPENSES":

Not to exceed $5,000

"AUTHORIZED AMOUNT": $375,368 ($370,368, plus closing costs and title expenses not to exceed $5,000) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT. SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Department of Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY. SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of FY 10-11 CDBG Reprogramming Funds, Fund No. 10RP, Department HOU, Unit 807D, Activity HO93, Program No. PBCD0004, Object 4210, Encumbrance No. CT-SUS807DLK88. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY’S market value. SECTION 9. That OWNER has been provided with a copy of the Landowner’s Bill of Rights as required by Texas Property Code Section 21.0112.


COUNCIL CHAMBER

December 11 , 2013 SECTION 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council. SECTION 11. 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. APPROVED AS TO FORM: WARREN M. S. ERNST, City Attorney

BY

~& . w<

AsSiStaflcity Attorney


Field Notes Describing a 10,260 Square Foot (0.236 Acre) Tract of Land in City Block 19/3135 To Be Acquired from Brent L. Smith For Median Enhancement Purposes

EXHIBIT A

Being a 10,260 Square Foot (0.236 Acre) tract of Unplatted land lying in the George L. Leonard Survey, Abstract No. 770, City of Dallas, Dallas County, Texas, and being all of that property (incorrectly called "Lot 1 and 2, Block 19/3135 an addition to the City of Dallas .."), conveyed to Brent L. Smith by Deed dated January 15, 2008 and recorded in Instrument Number 20080016786 of the Official Public Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at an "X" cut in concrete found on the West line of Zang Boulevard (a 110-foot Right-of-Way) as re-aligned and conveyed to the City of Dallas by deed recorded in Volume 2295, Page 536 of the Deed Records of Dallas County, Texas, at the intersection with the North line of Seventh Street (a Variable Width, Undedicated Public Street at this location), and being also the Southeast corner of the herein described tract of land: THENCE South 89째21 '48" West, departing the last said West line of Zangs Boulevard (re-aligned), and with the said North line of the undedicated portion of Seventh Street, a distance of 57.54 feet to a 5/8 inch diameter Iron Rod with cap marked "DALLAS" set at the Southwest corner of the herein described tract of land at the intersection with the East line of Zang Boulevard (a Variable Width, Undedicated Public Street at this location), as shown on City of Dallas property map K-13-W, on file in the City of Dallas Survey Records Vault: THENCE North 01째06'12" West, departing the last said undedicated North line of Seventh Street and with the said East line of the undedicated portion of Zang Boulevard a distance of 125.00 feet to a Mag Nail with washer set at the Northwest corner of the herein described tract of land at the intersection with the South line of Davis Street (a Variable Width, Undedicated Public Street at this location), as shown on said City of Dallas Property map K-13-W: THENCE North 89째21 '48" East, departing the last said undedicated East line of Zang Boulevard and with the said South line of the undedicated portion of Davis Street, a distance of 97.27 feet to a Mag Nail with washer set at the Northeast corner of the herein described tract of land, at the intersection with the above said West line of Zang Boulevard (re-aligned), said corner being also at the beginning of a Curve to the Right:

Page 1 of 3


Field Notes Describing a 10,260 Square Foot (0.236 Acre) Tract of Land in City Block 19/3135 To Be Acquired from Brent L. Smith For Median Enhancement Purposes THENCE South-Southwesterly with the said West line of Zang Boulevard (realigned) and said Curve, having a Radius of 325.00 feet, a Central Angle of 23째15'27", an Arc Length of 131.92 feet and a Chord which bears South 16째48'20" West a distance of 131.02 feet to the POINT OF BEGINNING, containing 10,260 Square Feet, or 0.235 Acres of land. BASIS OF BEARINGS: Bearings are based on the Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983.

Page 2 of 3


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AGENDA ITEM # 52 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Trinity Watershed Management

CMO:

Jill A. Jordan, P.E., 670-5299

MAPSCO:

45 D ________________________________________________________________

SUBJECT Authorize acquisition, including the exercise of the right of eminent domain if such becomes necessary, from Sienna Court Townhomes, LLC, of the owner’s rights in a Shared Access Area Easement and Private Land Use Restrictions containing approximately 15,073 square feet located near the intersection of Apple Street and San Jacinto Street for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project - Not to exceed $12,814 ($10,814 plus closing costs and title expenses not to exceed $2,000) – Financing: 2006 Bond Funds BACKGROUND This item authorizes the acquisition of approximately 15,073 square feet of the owner’s rights in a Shared Access Area Easement and Private Land Use Restrictions from Sienna Court Townhomes, LLC. This property is located near the intersection of Apple Street and San Jacinto Street and will be used for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project. The consideration is based upon an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2006 Bond Funds - $12,814 ($10,814 plus closing costs and title expenses not to exceed $2,000) OWNER Sienna Court Townhomes, LLC Misty Sargent, President


MAPS Attached

Agenda Date 12/11/2013 - page 2


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COUNCIL CHAMBER

December 11, 2013 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATION FOR PUBLIC USE. DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: "CITY": The City of Dallas. “PROPERTY": Approximately 15,073 square feet of property located in Dallas County, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes. “PROJECT”: Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project “USE”: The construction, installation, use, and maintenance of a storm drainage intake structure and connecting lines for the transmission of storm drainage, and a construction staging area for the intake structure and connecting lines, together with such appurtenant facilities as may be necessary. "PROPERTY INTEREST": Use Restrictions

Shared Access Area Easement and Private Land

"OWNER": Sienna Court Townhomes, LLC, provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. "OFFER AMOUNT": $10,814.00 "CLOSING COSTS AND TITLE EXPENSES ": Not to exceed $2,000.00 "AUTHORIZED AMOUNT": $12,814.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT.


COUNCIL CHAMBER

December 11, 2013 SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY. SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Flood Protection and Storm Drainage Facilities Fund, Fund No. 1T23, Department TWM, Unit T525, Activity SDRS, Program No. PB06T525, Object 4210, Encumbrance No. CT-PBW06T525J1. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY’S market value. SECTION 9. That OWNER has been provided with a copy of the Landowner’s Bill of Rights as required by Texas Property Code Section 21.0112.


COUNCIL CHAMBER

December 11. 2013 SECTION 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council. SECTION 11. 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.

APPROVED AS TO FORM: WARREN M. S. ERNST, CITY ATTORNEY

BY ~ {. ~ AsSiStaCity Attorney


200900301785

EXHIBIT A

EASEPIENT 1/11 HARED ACCESS AREA EASEMENT AND PRIVATE LAND USE RESTRICTIONS TATE OF TEXAS

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TY OF DALLAS

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KNOW ALL PERSONS BY THESE PRESENTS:

as, Marcus Jamesson Development, LLC, a Texas limited liability company, and KON, LLC, a Texas ed liability company ~olntly and severally hereafter called "Owners") are Owners of and are developing rtain real property known as the Tuscan Villas Addition, Phase 2 and which is more particularty described in the Owner's Certificate and plat thereof attached hereto as Exhibit A, to be recorded in the Plat Records of Dallas County, Texas ("Property"); and Whereas, In connection with the development of the Property, Owners desire to create a shared access easement and private land use restrictions for the benefit of the Property, as more particularly described below. Now Therefore, the Owners hereby declare and grant a perpetual, non.exclusive easement in, under and or across certain portions of the Property with the following rights and obligations, to wit: 1. Unless stated otherwise in this document, the definitions and provisions of Chapter 51 A, "Dallas Development Code, Ordinance No. 19455, as amended" of the Dallas City Code, as amended, apply and are incorporated into this document as if recited in this document. In this document: a) b) c) d)

Association means Tuscan Villas Phase 2 homeowners association, and Association includes Owners until all lots in the Development are sold. City means the City of Dallas, a municipal corporation. Development means all area being platted by the attached plat. Shared Access Area means that portion of the plat labeled Shared Access Area, and is described by metes and bounds in Exhibit B.

2. Owners grant an easement in Shared Access Area in the areas shown for the benefit of the Individual lots in the Development for public and private utlllties, storm water drainage, fire protection, lighting, traffic control, government and emergency vehicle access, mail service, meter-reading access, vehicular and pedestrian access, parking, and deliveries. Height clearance must be at least 18 feet above the surface of the Shared Access Area. No buildings, fences, trees, shrubs, or other improvements or growths may be located in the Shared Access Area over public utllltles. Owners grant an easement at least 12 feet wide, In the area labeled water and wastewater easement on the plat, exclusively for public water and wastewater below grade (surface access over the water and wastewater easements is permissible). The water and wastewater easement must be centered in the Shared Access Area, which must be at least 20 feet wide. Guest parking spaces must be provided (minimum one space for each four lots in the Development) in the location shown on the plat. Guest parking may be provided in the Shared Access Area as long as it is not located over a water/wastewater easement or utlllty easement. If guest parking is provided by a parking agreement, the location of the guest parking and recording Information for the parking agreement must be provided In a note on the plat. All lots in the Development are restricted to single family use. 3. Association is responsible for lighting, maintenance, and cleaning of the Shared Access Area, including, but not limited to, drainage, slgnage, streetscaping and landscaping, for stonnwater drainage, for contacting the appropriate utilities or contractors to arrange the installation, maintenance, and repair of utilities, including but not limited to, electric, water, sewage, and communications located within the Shared Access Area. Association is responsible, where interior traffic control devices are required by the City, for the Installation and maintenance of interior traffic control devices.

The City has no obligation to maintain the Shared Access Area. If a Shared Access Area is not 4. maintained in compliance with the requirements for streets set forth in the Dallas City Code, the City shall have the right, but not the obllgatlon, to take those actions necessary to put the Shared Access Area in compliance ("Compliance Work"). The Association must pay the City for the Compliance Work performed within a period of 30 days from the date of presentation of the bill for the Compliance Work (โ€ขBill") to the Association, Owner hereby covenants and agrees, and each owner of any lot in the Property, by acceptance of a deed therefore, whether or not reference to the covenant shall be so expressed in any such deed or

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Shared Access Area Agreement - Tuscan Villas Addition, Phase 2


EXHIBIT A other conveyance, shall be deemed to have covenanted and agreed to pay to the city of Dallas within 30 days of presentment, a proportional amount of the Bill not paid within the required time by the Associations, based on the number of square feet of owner's lot divided by the number of square feet of all lots in the Property, excluding common areas if such common areas are platted as lots ("Individual Bill"). If any Individual Bill is not paid by the owner of a lot on the date when due, the City shall file a lien statement including a statement of expenses assessed against the lot, the name of the owner, if known, and the legal description of the lot with the county clerk of the county where the lot is located, the unpaid amount of the Individual Bill shall be considered delinquent and shall, together with interest thereon at the maximum lawful rate and costs of collection thereof, become a continuing debt secured by the lien on the lot of the nonpaying owner which shall bind such lot in the hands of the owner and owner's heirs, executors, administrators, devisees, personal representatives, successors and assigns, until the delinquency has been cured. If the City substantially prevails In a legal proceeding to enforce these provisions, the Association agrees that the City shall be entitled to recover damages, reasonable attorney's fees, and court costs. The right of the City to enforce these provisions shall not be waived, expressly or otherwise.

5. The Association and all owners of lots in the Property agree to defend, indemnify and hold City, its officers, agents and employees, harmless against any claims, lawsuits, judgments, costs and expenses for damage to the Shared Access Areas or personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may result from, arise out of or be in connection with the Shared Access Areas, the easement, or these private land use restrictions.

6.

This easement may only be amended or terminated with the consent of all the owners and lien holders of the property in the Development with approval as to form by the City attorney, and with approval by the City building official and the Director of Dallas Water Utilities. The Association must then file the amending or terminating instrument in the Deed Records of the county or counties where the Property is located at its sole cost and expense before the amendment or tennination becomes effective.

7. The Owners certify and represent that there are no mortgages or Hens, other than liens for ad valorem taxes, against the Property If there are no signatures of mortgages or lien holders subscribed below.

8.

The Invalidation of any provision in this document by any court shall in no way affect any other provision, which shall remain in full force and effect, and to this end the provisions are declared to be sever

able.

9. The provisions of this document are hereby declared covenants running with the land and are fully binding on all successors, heirs, and assigns of the Owners who acquire any right, title, or interest in or to the Property, or any part thereof. Any person who acquires any right, title, or interest in or to the Property, or any part thereof, thereby agrees and covenants to abide by and fully perform the provisions of this document. 10. If Association ever ceases to exist, or is unable to fulfill its obligations under this easement, Association shall mean the owners of all lots in the Development. 11 . These private land use restrictions shall be construed in accordance with the laws and case decisions of the State of Texas. Exclusive venue for the enforcement of the indemnification provisions of these private land use restrictions shall be in Dallas County, Texas. EXECUTED this the

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Marcus Jamesson Development, A Texas Limited Liability Company

By;~ ~

; as G8118fl11 Partner

ITleSHUQhes

KON, LLC, A Texas Limited Liability Company

By.~ J~ ; J

s Hughes

as General Partner

Shared Access Area Agreement - Tuscan Villas Addition, Phase 2


EXHIBIT A Approv?">by the Building Official By:

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Approved as to fonn: Thomas P. Perkins, Jr.• City Attomey

""' &.yf Jf,}.).;t,fD '8i

nt City AttC ey

Lien Holder or Mortgagee for Lot 31 Lagrees to subordinate its interest in the Development to the rights granted in the shared access area easement. First United Bank Lien Holder

lien holder or Mortgagee for Lots 28-30, 3&38 agrees to subordinate Its interest in the Development to the rights granted in the shared access area easement. Access 111 Capital Bank LienLl:l.clkM~-------~

Acknowledgment of signatory for the OWNER State of Texas County of Dallas

§ § §

This instrument was acknowledged before me on the~ of 20..Q9. by James Hughes, General Partner of Marcus Jamesson Development, LLC, a Texas limited Liability Company.

OcJobe.r'.

CATHERINE S.

CGEHEE

Notary Public, State of Te>C8s My Commission Expires

March 19, 2011

Acknowledgment of signatory for the OWNER State of Texas County of Dallas

§ § §

Cofti;er-. 20 /'Q..Y James Hughes,

This instrument was acknowledged before me on the 2.l..of General Partner of KON, LLC, a Texas limited Liability Company.

~

CATHERINE S. MCGEHEE Public. Sme of Texas

Nota~

My Commission ElCJ)ires

March 19. 2011 Shared Access Area Agreement - Tuscan VIiias Addition, Phase 2


EXHIBIT A

Acknowledgment of signatory for the LIEN HOLDER State ofTexas

§ § §

County of Dallas

This Instrument was acknowledged before me on the • • • . J r-•lnited Bank.

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day of

OcJ. ·

, 20.Qi by Jeff

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MARTHA G. HACKBARTH Notary Publk'.,

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~tate of :exas

Mv Comm1111on Expires

April 07, 2011

Notary Public in andr the State of Texas

Acknowledgment of signatory for the LIEN HOLDER State ofTexas

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Countyofeartm;

d-"d.- day of 0 C,;t-.

This Instrument was acknowledged before me on the L. Robinson, Vice President of Access 111 Capital Bank. ,u1111,,

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GAYLE GRUBBS

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Notary Public. State of Texas · ;;_ ;;,~.;':-i My Commission Expires ••

2013

. 200q by Randall

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After recording please return to: Name: Dayton Macatee, P.E. Address: Macatee Engineering 6440 N. Central Expressway, Suite 414 Dallas, TX 75206 Next pages are the Exhibit pages: Owner's Certificate Final Plat

Legal Description of Shared Access Area Agreement Sketch of Shared Access Area

Shared Access Area Agreement - Tuscan Villas Addition, Phase 2


EXHIBIT A EXHIBIT 'A' OWNER'S CERTIFICATE TUSCAN VILLAS ADDITION, PHASE 2 CITY OF DALLAS, DALLAS COUNTY, TEXAS WHEREAS MARCUS JAMESSON DEVELOPMENT, L.L.C. is the sole owner of a tract of land as recorded in Instrument Number 200900124854 of Deed Records of Dallas County, Texas and being situated in the John Grigsby Survey, Abstract Number 0495, said tract of land also being Lots 28, 29, 30, 36, 37, 38, Block 5/642 of Knox Addition, an addition to the City of Dallas, Dallas County, Texas, according to the Map thereof recorded in Volume 277, Page 361, Map Records of Dallas County, Texas, and whereas KON, L.L.C. is the sole owner of Lot 31 L, Block 5/642 of Tuscan Villas Addition as recorded in Instrument Number 200900247820 of Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a 3/8-inch iron rod found at the intersection of the northeast line of Apple Street (a 50 foot right-of-way) with the southeast line of San Jacinto Street (a variable width right-of-way); THENCE North 45 degrees 00 minutes 00 seconds East, departing the northeast line of said Apple Street along the southeast line of San Jacinto Street, a distance of 150.00 feet to a Yz-inch iron rod found for a comer; THENCE South 45 degrees 10 minutes 24 seconds East, a distance of 3.00 feet to a %-inch iron rod found for a comer; THENCE North 45 degrees 00 minutes 00 seconds East, along said southeast right-of-way line of San Jacinto, a distance of 28.82 feet to a 5/8-inch iron rod found for a comer; THENCE South 45 degrees 10 minutes 24 seconds East. along the northeast line of Lot 31K of Tuscan Villas Addition as recorded in Instrument Number 200900247820 of Deed Records of Dallas County Texas to a 5/8-inch iron rod found for a comer, said comer being on the northwest property line of Lot 44 of the Knox Addition as recorded in Volume 277, Page 361 of Map Records of Dallas County Texas; THENCE South 44 degrees 59 minutes 57 seconds West, along said northwest property line, a distance of 44.83 feet to a Yz-inch iron rod found for a comer; THENCE South 44 degrees 56 minutes 02 seconds East, along the southern property line of Lots 44, 43 & 42 of said Knox Addition, a distance of 150.80 feet to a %-inch iron rod found for a comer, 路said comer being at the southeast comer of said Lot 42 of said Knox Addition and the northwest comer of Lot 39 of said Knox Addition; THENCE South 45 degrees 25 minutes 40 seconds West, along the northwest property line of said Lot 39, a distance of 134.61 feet to a %-inch iron rod found for a comer, said comer being the southwest comer of said lot 39, said comer also being on the northeast right-of-way line of said Apple Street; THENCE North 44 degrees 56 minutes 02 seconds West, along said northeast line, a distance of 299.86 feet to the PLACE OF BEGINNING and containing 47,021 square feet or 1.079 acres of land, more or less.


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SHARED ACCESS M£A AGREEMENT LOlS 28A-28Ff'. BLOCIC 5/142 Of PROPOSED 1USCAH \1UAS ADbl110N PH. 2 arr OF DALLAS. DAU.AS COUN'JY, TEXAS

-..

BEING a 15,073 square foot tract of land out of the John Grigsby Survey, Abstract No. 0495, City of Dallas, Dallas County, Texas, and being part of Lot J1L of Tuac:an Vlllaa Addition as recorded In Instrument No. 200900247820 and beln9 part of Lots 28, 29, 30, 36, 37 & 38 of Knox A.ddltlon as recorded In Volume 277, Page 361 of Deed Records of Dallas County Texas, and being part of Block Number 5/642, Offlclal Numbers of the City of Dallas, Texas, said tract also being more partlcular1y described by metes and bounds as follows: COMMENCING at a 3/8-lnch Iron rod found at the Intersection of the northeast llne of A.pple Street (o 50 foot right-of-way) with the southeast line of Son Jacinto Street {a variable width right-of-way): THENCE North 45 degrees 00 minutes 00 seconds East, along the southea11t line of said San Jacinto Street, a distance of 138.81 feet to a point for a comer; THENCE South 44 degrees 56 minutes 02 seconds East, departing sold southeast fine of said San Jacinto Street, o distance of 3.00 feet to on •x• cut set In concrete for the POINT Of" BEGINNING: THENCE South 44 degrees 56 minutes 02 seconds East, a distance of 56.55 feet to an •x• cut set In concrete for the point of curvature of a circular curve to the right having a radius of 111.00 feet, a central angle of 07 degrees 00 minutes 31 seconds, a chord which bears South 41 degrees 25 minutes 46 seconds East, a distance of 1.3.57 feet; THENCE Southeasterly, along said circular curve, an arc distance of 1J.58 feet to an the point of tangency;

•x•

THENCE South 37 degrees 55 minutes .31 aeconds East, o distance of 32.14 feet to an

cut set In concrete for

•x•

cut set In concrete for

a comer: THENCE North 44 degrees 59 minutes 57 aeconds East, a distance of 19.21 feet to on "X- cut set in concrete for a comer: THENCE South 44 degrees 56 minutes 02 seconds East, a distance of 42.00 feet to an a comer; THENCE South 44 degrees 59 minutes 57 seconds West, a distance of 21.66 feet to an a comer; THENCE South 44 degrees 56 minutes 02 seconds East, a distance of 131.53 feet to an for a comer; THENCE South 45 degrees 03 minutes 58 seconds West, a distance of 13.61 feet to an

a comer; THENCE North 44 degreea 56 minutes 02 seconds West, a distance of 18.50 feet to on

a comer;

THENCE South 45 degrees 03 minutes 58 aeconds West, a distance of 110.00 feet to an for a comer;

·x- cut ·x-

set in concrete for

cut set in concrete for

•x•

cut set in concrete

•x•

cut set in concrete for

•x•

cut set In concrete for

•x•

cut set in concrete

THENCE North 44 degrees 56 minutes 02 seconds West, a distance of 22.00 feet to an

•x•

cut set Jn concrete for

THENCE North 45 degrees 03 minutes 58 aeconds East, a distance of 90.39 feet to an

•x•

cut set In concrete for

THENCE North 44 degrees 56 minutes 02 seconds West, a distance of 76.99 feet to an a comer;

·x·

cut set In concrete for

THENCE South 45 degrees 03 minutes 58 seconds Wast, a distance of 95.39 feet to on a comer;

•x•

cut set in concrete for

THENCE North 44 degrees 56 minutes 02 seconds West, a dlatance of 22.00 feet to on a comer;

•x•

cut set In concrete for

a comer: o comer;

1

1

EXHIBIT 8 SHMED ACCESS MFA AGREEMENT CITY OF DALlAS BLOCK 5/642

OUT OF THE JOHN GRIGSBY SURVEY, ABSTRACT NO. 0495 CITY OF DAUAS, DALLAS COUNlY, TEXAS SHEET 7 OF 10


SHARED ACCESS AREA AGREEMENT

EXHIBIT A

LOTS 28A-28FF, Bloa< 5/642 OF PROPOSED lUSCAN 'JIU.AS ADDITION PH. 2 CITY OF DALLAS. DAU.AS COUNTY, TEXAS

THENCE North 45 degrees 03 minutes 58 seconds East, o distance of 88.39 feet to on "X" cut set in concrete for the poir. t of curvature of o cir cu Ior curve to the left having o radius of 20.00 feet, a central angle of 13 degrees 19 mir.utes 22 seconds, o chord which bears North 38 degrees 24 minutes 17 seconds East, o distance of 4.64 feet; THENCE Northeasterly, along said circular curve, on ore distance of 4.65 feet to on "X" cut set in concrete for o corner; THENCE North 44 degrees 56 minutes 02 seconds West. o distance of 29.49 feet to on "X" cut set in concrete for corner;

ll

THENCE North 45 degrees 03 minutes 58 seconds East, o distance of 15.61 feet to 011 "X" cut set in concrete for a corner, said comer being on non-tangent circular curve to the right having a radius of 111.00 feet, a cent.rel angle of 03 degrees 26 minutes 27 seconds, o e;hord which bears North 39 degrees 38 minutes 44 seconds West. o distance of 6.67 feet; TiiENCE Northwesterly, along said circular curve, on ore distance of 6.67 feet to on "X" cul set in concrete for the point of tangency; TiiENCE North 37 degrees 55 minutes 31 seconds West, a distance of 32.19 feat t·.:> en "X" cut set in concrete for the point of curvature of circular curve to the left having a radius cf 89.00 feet, o ·~~ni.ral ,ingle of 01 degree 58 minutes 55 seconds, a chord which bears North 38 degrees 54 minutes 58 seconds West, c distance cf 3.013 feet;

·x·

TiiENCE Northwesterly, along said circular curve, on ore distance cf 3.08 feet to an e;ut set in concrete for the point of compound curvature of a circular curve to the left having o radius of 5.00 feet, o centru1 ongte of 95 degrees 01 minutes 36 seconds, o chord which bears North 87 degrees 25 minut!'s 14 seconds West. o distance of 7.37 feet; THENCE Northwesterly, along said circular curve, on ore distance of 8.29 feet to on "X" cut set in concrP.tEi for the point of tangency; THENCE South 45 degrees 03 minutes 58 seconds West, o distance of 103.49 feet to cm for a corn er; THENCE North 44 degrees 56 minutes 02 seconds West, a distance of 22.00 feet to on a earner;

•x• "x•

cul set in concrete cut set i!"I concrete for

TiiENCE North 45 degrees 03 minutes 58 seconds East, a distance of 103.81 feet to on "X" cut set in concrete for the point of curvature of a circular curve to the left having o radius of 5.00 feet, a central angle of 90 degrees 00 minutes 00 seconds, a chord which bears North 00 degrees 03 minutes 58 seconds East, a distance of 7.07 feet; THENCE Northeasterly, along said circular curve, an ore distance of 7.85 feet to on "X" cut set in concrete for the point of tangency; THENCE North 44 degrees 56 minutes 02 seconds West, o distance of 31.90 feet to on "X" cut set in concrete for a comer; THENCE North 45 degrees 00 minutes 00 seconds East, a distance of 22.00 feet to the POINT OF BEGINNING, containing 15,073 square feet or acres of lo1ld more or less. The undersigned, Registered Professlonol Land Surveyor, hereby certifies that this plot of survey accurately sets out the metes and bounds of the easement tract described.

Reference Bearing being the southeast line of Son Jacinto Street bearing North 45 degrees 00 minutes 00 seconds East in the Knox Addition plat as recorded in Volume 277, Page 361 of the Map Records of Dallas County, Texas.

EXHIBIT •9•

SHARED ACCESS MF>. AGREEMENI' CITI OF DALLAS BLOCK 5/642 OUT OF THE JOHN GRIGSBY SURVEY, ABSTRACT NO. 0495 Dennis D.

CllY OF DALLAS, DAU.AS COUNT( TEXAS SHEET 8 OF 10


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160'

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--i LOT 15 KNOX ADDITION -o VOL. 277, PG. 361 U1 M.R.D .C. T.

160'

LOT 16

LOT 288

LOT

LOT 28A

LOT 28M

28L

LOT 28P

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LOT 28N

160' N44"56'02"W

299 .86 '

3 00'

LOT 17 NOlE:

LOTS 28A-28FF, BLOCK 5/642 ARE OF TUSCAN VILLAS ADDl"TlON PH. 2 WHICH HA'-£ NOT YET BEEN RECORDED. N01E:

•x• CUTS WIU BE SET WITHIN 30 DAYS OF COMPLETION OF DEVELOPMENT.

Reference Bearing being the ~outheost line of Son Jacinto Street beorir.g North 45 degree~ 00 minutes 00 9econds Ellst In the Knox Addition plot os recordt!d in Volume 277, Page .361 ot the Mop R~crds of Dollo:t County, Texas.

DENNIS D. V01E, R.P-LS. 14813

LEGEND • - - - - - Easement to be Dedicated Line - - -- - - Recorded Easements P .0.8. Point of Beginning P.O.C. Point of Commencement (CM) Control Monument Cut Set In Concrete

1----- Property ·x·

EXHIBIT 'B'

SHARED ACCESS AREA AGREEMENT CllY OF DALLAS BLOCK 5/642

OUT _OF THE JOHN GRIGSBY SURVEY, ABSTR.\CT NO. 0495

CITl' Of DALLAS, DALLAS COUNTY, TEXAS SHEET C\ OF lO


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EXHIBIT A

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KNOX ADDI TION

VOL

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277, PG . 3f1 M.R.D C.T.

BLOCf< 5/ 642 l_OT 41 LOT 43

· COMMOI~ A~EA ·,\'

NOlE: LOTS 28A-2BFF, BLOCK 5/642 ARE OF TUSCAN VILLAS ADDITION PH. 2 WHICH HAVE NOT YET BEEN RECORDED.

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NOlE: •x• CUTS WILL BE SET WllHIN 30 DAYS OF COMPLETION OF DEVELOPMENT.

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in

LOT 39

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LINE BEARING L1

L2

LOT

L3 L4 L5 LS L7 LS L9

28FF

50'

l10

8.00'

L11 L12

CURVE C1

C2 C3 C4 cs C6

DELTA 07'00'31· 1319'22· 03"26'27• 01'5e'5s· 95'01'36. 90"0o'oo·

RADIUS

537"55'31.E N44 '59'57.E S44"56'02"E s44·59•srw S45'03'58•w N44"56'02•w N44'56'02•w N44°56'02•w N45'03'58"E N37"55'31 "W N44°5S'02·w N45'00'00"E

ARC

111.00 13.58' 20.00' 4.65' 6.67' 111.00 3.08' 89.00 8.29' 5.00 5.00' 7 .85'

DISTANCE 32.14' 19.21' 42.00' 21.66' 13.61' 22.00' 22.00' 29.49' 15.61' 32.19' 22.00' 22.00'

TANGENT CHORD BEARING CHORD 6.80' 2.34' 3.33' 1.54' 5.46' 5.00'

S41"25'46"E N38"24'17"E N39"38' 44•w N38'54'sa·w N87"25'14•w N00'03'58•E

13.57' 4.64' 6.67' 3.08' 7.37' 7.07'

Reference Bearing being the southeast line of Son Jacinto Street bearing North 45 degrees 00 minutes 00 seconds East In the Knox Addition plot as recorded in Volume 277, Page 361 of the Map Records of Dallas County, Texas.

DENNIS O. VOlE, R.P .LS. f4813

LEGENO • - - - - - Easement to be Dedicated - - - - Property Line - - - - - Recorded Easements P.0.8. Point of Beginning P.O.C. Point of Commencement (CM) Control Monument "X• Cut Set In Concrete

EXHIBIT '8'

SHARED ICCESS MFA AGREEMENT

CllY OF DALLAS BLOCK 5/642 OUT Of' THE JOHN GRIGSBY SURVEY, ABSTRACT NO. 0495 CITY OF DALLAS, DALLAS COUNTY, TEXAS SHEET Io OF 10


.. EXHIBIT A

d Recorded Filed an . Records Off ioiel Publ1 0 County Clerk John F . Warren ,TEXAS

Delles Coun!~'.49:03 Al'I 10/26/2009 . $62.00

200900301785


AGENDA ITEM # 53 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

1

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45W ________________________________________________________________

SUBJECT An ordinance abandoning portions of Colorado Boulevard, an alley, railroad right-of-way and a street easement to Southern Foods Group, LLC, the abutting owner, containing a total of approximately 32,279 square feet of land, located near the intersection of Colorado Boulevard and Lancaster Avenue, and authorizing the quitclaim - Revenue: $48,419, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of portions of Colorado Boulevard, an alley, railroad right-of-way and a street easement to Southern Foods Group, LLC, the abutting owner. The area will be included with the property of the abutting owner for a future mixed-use development. The abandonment fee is based on an independent appraisal. Notices were sent to 26 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item was deferred by Councilmember Griggs on October 8, 2013. This item was deferred by Councilmember Griggs on September 25, 2013. This item was deferred by Councilmember Griggs on September 11, 2013. FISCAL INFORMATION Revenue: $48,419, plus the $20 ordinance publication fee


OWNER Southern Foods Group, LLC Gregg L. Engles, Chief Executive Officer MAPS Attached

Agenda Date 12/11/2013 - page 2


Oak Cliff Park

lake Cliff Park.

copyright© 2006 MAPSCO. !nc

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Scale 1:-: :1;-;;6-::;3::'.32 ::----_J


LEGEND ~

Tract 1 -

Colorado Boulevard and Alley

I• .•.• · 1 Tract 2 -

Railroad Right-of-Way

~ Tract 3 - Street Easement

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COLORADO BOULEVARD BLOCK 37/3018

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+


ORDINANCE NO. _____________ An ordinance providing for the abandonment of portions of Colorado Boulevard, an alley, railroad right-of-way and a street easement located adjacent to City Block 24/3005 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Southern Foods Group, LLC; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of Southern Foods Group, LLC, a Delaware limited liability company, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim the hereinafter described tracts of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portions of Colorado Boulevard, an alley, railroad right-of-way and a street easement are not needed for public use, and same should be abandoned and quitclaimed to GRANTEE, as hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth; Now, Therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the tracts of land described in Exhibit A, which is attached hereto and made a part hereof for all purposes, be and the same are abandoned, vacated and closed insofar as the right, title and interest of the public are concerned; subject, however, to the conditions hereinafter more fully set out. SECTION 2. That for and in monetary consideration of the sum of FORTY-EIGHT THOUSAND FOUR HUNDRED NINETEEN AND NO/100 DOLLARS ($48,419.00) paid

DS/38786

1


by GRANTEE, and the further consideration described in Sections 8, 9 and 10, the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all of its right, title and interest in and to the certain tracts of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4.

That the City Controller is authorized to deposit the sum paid by

GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and ConstructionReal Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source 8416. SECTION 5. That the abandonment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise, and are further subject to the conditions contained in Exhibit B, which is attached hereto and made a part hereof for all purposes. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 7. That the abandonment and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon and vacate.

DS/38786

2


SECTION 8.

That as a condition of this abandonment and as a part of the

consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold whole and harmless the City of Dallas of, from and against any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, its successors and assigns, agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A.

GRANTEE, its

successors and assigns, hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, “Hazardous Substance” means the following: (a) any “hazardous

substances”

under

the

Comprehensive

Environmental

Response,

Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any “chemical substance” under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder.

DS/38786

3


SECTION 9.

That as a condition of this abandonment and as a part of the

consideration for the quitclaim made herein, GRANTEE shall file a final replat of the adjoining properties prior to the issuance of any building permits affecting the tracts of land abandoned and quitclaimed herein.

This final replat shall be recorded by

GRANTEE in the official real property records of the county in which the abandoned areas are located after its approval by the City Plan Commission of the City of Dallas. SECTION 10.

That as a condition of this abandonment and as a part of the

consideration for the quitclaim made herein, GRANTEE shall, immediately upon the passage of this ordinance, close, barricade and/or place signs in the areas described in Exhibit A in accordance with detailed plans approved by the Director of Department of Sustainable Development and Construction. GRANTEE's responsibility for keeping the areas described in Exhibit A closed, barricaded and/or the signs in place shall continue until the street improvements and intersection returns are removed by GRANTEE, its successors and assigns, to the satisfaction of the Director of Department of Sustainable Development and Construction. SECTION 11. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the official real property records of the county in which the abandonment areas are located, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee. Upon receipt of the monetary consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay,

the Director of

Department of Sustainable Development and Construction, or designee: (i) shall deliver to GRANTEE a certified copy of this ordinance, and (ii) is authorized to and shall prepare and deliver a QUITCLAIM DEED with regard to the areas abandoned herein, to GRANTEE hereunder, same to be executed by the City Manager on behalf of the City of Dallas, attested by the City Secretary and approved as to form by the City Attorney. The Director of Department of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage.

DS/38786

4


SECTION 12. That this 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 Interim City Attorney

DS/38786

DAVID COSSUM Interim Director of Sustainable Development and Construction

5


EXHIBIT A-TRACT 1 STREET AND ALLEY ABANDONMENT COLORADO BOULEVARD AND ALLEY BLOCK 24/3005 Being a 12,839 square feet tract of land situated in the Elizabeth Robertson Survey, Abstract No. 1211 , City of Dallas, Dallas County, Texas, said tract being part of City of Dallas right of way for Colorado Boulevard created as Tract 2 by Warranty Deed to the City of Dallas as recorded in Volume 5265, Page 453, Deed Records of Dallas County, Texas , a 20 foot Alley right of way created by Volume 3335 , Page 84, Deed Records of Dallas County, Texas and an Alley right of way dedicated by Volume 5324, Page 349 , Deed Records of Dallas County, Texas adjacent to City Block 24/3005 and being more particularly described as follows: BEGINNING at a set "x" cut on concrete pavement for a corner at the intersection of the existing north line of Colorado Boulevard (a 60 foot right of way) with the west line of the said 20 foot Alley right of way, said point being N 90°00'00" E, a distance of 192.50 feet from the intersection of the north line of Colorado Boulevard with the east line of Lancaster Avenue (a 60 foot right of way); THENCE, N 00°00'00" W, with the west line of the said 20 foot Alley right of way, passing at a distance of 179.83 feet the common west corner of the said Alley rights of way, said point being in the southeast line of a tract of land conveyed to the City of Dallas by deed recorded in Volume 4527, Page 262, Deed Records of Dallas County, Texas, continuing in all a total distance of 286.27 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" for a corner in the southeast line of Lot 1B, Block D/3000 of Oak Farms 2 addition as recorded in Volume 2002237, Page 91, Deed Records of Dallas County, Texas; said point being the beginning of a non-tangent curve to the left with a central angle of 01°33'08", a radius of 1402.69 feet, a chord bearing of N31°45'29"E and a chord distance of 38.00 feet; THENCE, Northeasterly, with the southeast line of the said Lot 1B and along said curve, an arc distance of 38.00 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" for a corner, said point being the most westerly northwest corner of Tract I described in Special Warranty Deed to Southern Foods Group , L.P. recorded under Instrument Number 200503523973, Official Public Records of Dallas County, Texas ; THENCE, S 00°00'00" E, with west line of said Southern Foods Group, L.P. Tract I, passing at a distance of 110.58 feet, the common east corner of the said Alley rights of way, continuing in all a total distance of 278.58 feet to a found 1/2 inch iron rod for a corner in the existing north line of Colorado Boulevard (a 100 foot right of way at this location) ;

Page 1 of 3


EXHIBIT A-TRACT 1 STREET AND ALLEY ABANDONMENT COLORADO BOULEVARD AND ALLEY BLOCK 24/3005

THENCE, N 90°00'00" E, with the existing north line of Colorado Boulevard, a distance of 172.50 feet to a found 60d nail for a corner at the intersection of the existing north line of Colorado Boulevard with the west line of Ewing Avenue (a 60 foot right of way); THENCE, S 00°00'00" W, with the southward projection of the west line of Ewing Avenue , a distance of 25.00 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" for a corner; THENCE, S 45°00'00" W, a distance of 21.21 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" for a corner; THENCE, S 90°00'00" W , a distance of 177.50 feet to the Point of Beginning and Containing 12,839 square feet or 0.295 acre of land , more or less.

Dated:

November 7, 2012

. Lynn Kadleck Re stered Professional Land Surveyor No. 3952 .

Basis of Bearing; The bearing basis for the description is a bearing of N 90°00'00" E for the north line of Colorado Boulevard or as recorded under Instrument Number 200503523973 , Official Public Records, Dallas County, Texas.

(For SPRG Use Only)

Reviewed By: _ _ __

REVIEWED BY

Cfh _01 · U·"IA)'' rr~~3f

Date: - - - - - - SPRG No 2534

Page 2 of 3


STREET AND ALLEY ABANDONMENTEXHIBIT A-TRACT COLORADO BOULEVARD AND ALL~ BLOCK 24/3005 LEGEND ROW FIR FIP SIR

(For SPRG use only)

SCALE: 1"=100'

Reviewed by: - - - - -

o-~-5~0_ _~1oo ~I

Dote: -------~ SPRG No.-=2=5=3~4~~~

Dote: November 7, 2012 Job No 05020

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ROW TO CITY OF DALLAS

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TO CITY -

TRACT 2

/.II. Vol. 5265, Pg. 453, D.R.D. C. T.

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TO CITY - TRACT I Vol. 5265, Pg. 453, D R.D.C T. TO CITY Vol 4527 , Pg. 262, D.R.D.C.T. TO CITY - RECORD NOT FOUND (BY USE AND OCCUPATION)

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Lot lB Ook Forms 2 Vol 2002237, Pg 91, D.R.D.C. T.

Port of Lot 6

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Troct 1 Southern Foods Group, LP. Inst. No. 200503523973 O.P.R.D.C. T.

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Southern Foods Group, LP. Vol 95078, Pg. 3167, D.R.D.C. T.

The bea rin g basis for t his description is o bear ing of N90"00'00"E for the north line of Colorado Bou levard as recorded under In strument Number 200503523973, Officia l Public Records, Dall as County, Texas .

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Right of Woy Found Iron Rod Found Iron Pipe Set Iron Rod w/ plastic cop stomped "Kodleck 3952" Controlling Monument Deed Records Da llas County, Texas

O.P.R.D.C.T. Officia l Public Records Dallas County, Texas

D.R.D.C. T

BLOCK D/3000

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CM D.R.D.C.T.

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BLOCK 25/3006

Lot 8

20' Alley ROW Vol. 3335, Pg. 84 , D.R.D.C. T.

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bro Ook Cliff Land Co's revised 0 LO plot of Blocks 23,

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24A, ond 248 Vol. 250, Pg. 264 , D.R.D.C. T.

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Troct 2 Southern Foods Group, L.P. Inst. No. 20050352397 3 O.P .R.D.C.T.

LINE L1 L2

BEARING soo·oo ·oo " w s45·oo·oo"w

CURVE Cl

DELTA 01·33'08"

BLOCK 37/3018

ABANDONMENT AREA 12,839 SF/0.295 AC

DISTANCE 25.00' 21 . 21' ARC 38.00'

RADIUS 1402.69'

BEARING N31 "45'29"E

DISTANCE 38.00'

. ynn Kodleck Re · ered Professional Land Surveyor No. 3952 Page 3 of 3


EXHIBIT A-TRACT 2 ABANDONMENT OLD DALLAS RAILWAY AND TERMINAL COMPANY TRACT BLOCK 24/3005 Being a 17, 746 square feet tract of land situated in the Elizabeth Robertson Survey, Abstract No. 1211, City of Dallas, Dallas County, Texas, said tract being in the City Block 24/3005 and consisting of a part of a tract of land conveyed to the City of Dallas by deed recorded in Volume 4527, Page 262, Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" for a corner in the east line of Lancaster Avenue (a 60 foot right of way), said point being N 00°00'00" E, a distance of 15.00 feet from the intersection of the east line of Lancaster Avenue with the north line of Colorado Boulevard (a 60 foot right of way); THENCE, N 00°00'00" E, with the east line of Lancaster Avenue, a distance of 24.95 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952", said point being the south corner of Lot 1B, Block D/3000 of Oak Farms 2, an addition as recorded in Volume 2002237, Page 91 , Deed Records of Dallas County, Texas, and said point being the beginning of a non-tangent curve to the left with a central angle of 09°06'48", a radius of 161.12 feet, a chord bearing of N 44°05'59" E, and a chord distance of 25.60 feet; THENCE, the following courses and distances with the southeast line of said Lot 1B: Northeasterly, departing the east line of Lancaster Avenue and along said nontangent curve to the left, an arc distance of 25.63 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" at the end of said curve; N 39°34'43" E, a distance of 114.96 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" at the beginning of a tangent curve to the left with a central angle of 07°02'40", a radius of 1,402.69 feet, a chord bearing of N 36°03'23" E and a chord distance of 172.35 feet; Northeasterly, along said tangent curve to the left, an arc distance of 172.46 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952", said point being the northwest corner of an Alley right of way dedicated by deed Volume 5324, Page 349, Deed Records of Dallas County, Texas;

Page 1 of 4


EXHIBIT A-TRACT 2 ABANDONMENT OLD DALLAS RAILWAY AND TERMINAL COMPANY TRACT BLOCK 24/3005

THENCE, S 00°00'00" E, with the west line of the said Alley right of way, a distance of 106.44 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" in the southeast line of the said City of Dallas tract and being the southwest corner of the said Alley right of way, and the northwest corner of a 20 foot Alley right of way created by Volume 3335, Page 84, Deed Records of Dallas County, Texas, said point being the northeast corner of Tract 2 as described in the Special Warranty Deed to Southern Foods Group, L.P. as recorded in Instrument Number 200503523973, Official Public Records of Dallas County, Texas and said point being the beginning of a non-tangent curve to the right with a central angle of 03°31 '37", a radius of 1462.69 feet, a chord bearing of S 37°48'54" Wand a chord distance of 90.03 feet; THENCE, the following courses and distances with the southeast line of the said City of Dallas tract and the northwest line of the said Southern Foods Group , L.P. Tract 2: -

Southwesterly, along said non-tangent curve to the right, an arc distance of 90.04 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" at the end of said curve;

-

S 39°34'43" W, a distance of 114.92 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" at the beginning of a tangent curve to the right with a central angle of 07°09'06", a radius of 221.12 feet, a chord bearing of S 43°07'09" W and a chord distance of 27.58 feet;

-

Southwesterly, along said tangent curve to the right, an arc distance of 27.60 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" in the north line of Colorado Boulevard (a 60 foot right of way);

THENCE, S 90°00'00" W, with the north line of Colorado Boulevard, a distance of 30.23 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952";

Page 2 of 4


EXHIBIT A-TRACT 2 ABANDONMENT OLD DALLAS RAILWAY AND TERMINAL COMPANY TRACT BLOCK 24/3005

THENCE, N 45째00'00" W , a distance of 21 .21 feet to the Point of Beginning and containing 17,746 square feet or 0.407 acre of land , more or less.

Dated: November 7, 2012

ynn Kadleck Re ered Professional Land Surveyor No. 3952 Basis of Bearing : The bearing basis for this description is a bearing of N 90째00'00" W for the north line of Colorado Boulevard as recorded under Instrument Number 200503523973, Official Public Records , Dallas County, Texas.

(For SPRG Use Only) Reviewed By: _ _ __ Date:

-------

SPRG No 2535

Page 3 of 4


ABANDONMENT EXHIBIT A-TRACT OLD DALLAS RAILWAY AND TERMINAL COMPANY TRACT BLOCK 24/3005

2

LEGEND

(For SPRG use only)

SCALE: 1"=100' 0

50

Reviewed by: - - - - -

Dote: -------~

100

~--..------..-------,

SPRG No. __2~5~3~5~~~

Dote: November 7 2012 Job No. 05020

Right of Woy Found Iron Rod Found Iron Pipe Set Iron Rod w / plastic cop stomped "Kodleck 3952" Controlling Monument CM Deed Records D.R.D.C.T. Dallas County, Texas O.P.R.D.C.T. Official Public Records Dallas County, Texas ROW FIR FIP SIR

ROW TO CITY OF QALLAS

@

TO CITY - Tract 1 Vol. 5265. Pg. 453, O.R.O.C.T. @ TO CITY Vol. 4527, Pg. 262, O.R.0.C.T. Q) TO CITY - RECORD NOT FOUND (BY USE ANO OCCUPATION}

TO CITY Vol. 349, Pg . 90, O.R.O.C .T.

BLOCK D/3000 Lot 1B Oak Forms 2 Vol. 2002237, Pg. 91, O.R.O.C.T.

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The bearing basis for this description is o bearing of N9o·oo·oo"w for the north line of Colorado Boulevard as recorded under Instrument Number 200503523973, Official Public Records, Dallas County, Texas .

Southern Foods Group, L.P . Vol. 95078, Pg. 3167, O.R.O.C.T.

ABANDONMENT AREA 17, 746 SF/0. 407 AC

Port of Lot 7

5/B"SIR

soo·oo'oo"E 106.44'

BLOCK 25/3006

Tract 1 Southern Foods Group, L.P . Inst. No. 200503523973 O.P.R.O.C. T. Lot 8

BLOCK 24/3005 Oak Cliff Land Co's revised plot of Blocks 23, 24A, and 24B Vol. 250, Pg. 264, O · O"° .... O.R.O.C. T. UJ

o· oao • II'>

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Found 60d nail CM

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M.R.O.C.T.

I LINE L1 L2 L3 L4 L5

BEARING NOO'OO'OO"E s39·34'43"w S90-00'00"W N45·oo·oo"w NOO'OO'OO"E

DISTANCE 24.95' 114.92' 30.23' 21 .21 • 15.00'

CURVE C1 C2 C3 C4 C5

DELTA 09·05'48" 07'02'40" 03'31'37" 07'09'06" 01'33'08"

ARC 25.63' 172.46' 90.04' 27.60' 38.00'

BLOCK 37/3018 Tract 2 Southern Foods Group, L.P . Inst. No. 200503523973 O.P.R.O.C. T.

RADIUS 161.12' 1402.69' 1462.69' 221.12' 1402.69'

BEARING N44'05'59"E N36'03'23"E S37'48'54"W s43·07'09"w N31 '45'29"E

DISTANCE 25.60' 172.35' 90.03' 27 .58' 38.00'

ynn Kodleck Regi ered Professional Loncf Surveyor No. 3952 Page 4 of 4


EXHIBIT A-TRACT 3 EASEMENT ABANDONMENT COLORADO BOULEVARD BLOCK 24/3005 Being a 1,694 square feet tract of land situated in the Elizabeth Robertson Survey, Abstract No. 1211 , City of Dallas, Dallas County, Texas , said tract being part of Lot 1, Block 24/3005 of Oak Cliff Land Co.'s revised plat of Blocks 23 , 24A, and 24B as recorded in Volume 250, Page 264, Deed Records, Dallas County, Texas and being part of a tract of land conveyed as Tract 2 described in Special Warranty Deed to Southern Foods Group, L.P. as recorded under Instrument Number 200503523973, Official Public Records of Dallas County, Texas, said tract being all of an easement created by Volume 99128, Page 2913, Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" for a corner in the north line of Colorado Boulevard (a 60 foot right of way), said point being N 90°00'00" E, a distance of 45.23 feet from the intersection of the north line of Colorado Boulevard with the east line of Lancaster Avenue (a 60 foot right of way), said point being the southwest corner of the said easement tract and the most southerly southeast corner of a tract of land conveyed to the City of Dallas by deed recorded in Volume 4527, Page 262, Deed Records of Dallas County, Texas, said point being the beginning of a nontangent curve to the left with a central angle of 04°21 '49", a radius of 221.12 feet, a chord bearing of N 44°30'48" E and a chor~ distance of 16.84 feet; THENCE, Northeasterly, departing the north line of Colorado Boulevard and with the common line of the said City of Dallas tract and the said Southern Foods Group, L.P. Tract 2, an arc distance of 16.84 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" for a corner; THENCE, N 90°00'00" E, parallel with and 12 feet north of the north line of Colorado Boulevard, a distance of 135.47 feet to a set 5/8 inch iron rod with a plastic cap stamped "Kadleck 3952" for a corner in the west line of a 20 foot Alley right of way created by Volume 3335, Page 84, Deed Records of Dallas County, Texas; THENCE, S 00°00'00" E, with the west line of the said 20 foot Alley right of way, a distance of 12.00 feet to a set "x" cut on concrete pavement for a corner at the intersection of the west line of the said 20 foot Alley right of way with the north line of said Colorado Boulevard;

Page 1 of 3


EXHIBIT A-TRACT 3

EASEMENT ABANDONMENT COLORADO BOULEVARD BLOCK 24/3005

THENCE , S 90째00'00" W, with the north line of said Colorado Boulevard , a distance of 147.27 feet to the Point of Beginning and Containing 1,694 square feet or 0.039 acre of land .

Dated: November 7, 2012

n Kadleck Regis ered Professional Land Surveyor No. 3952

Basis of Bearing: The bearing basis for this description is a bearing of N 90째00'00" W for the north line of Colorado Boulevard as recorded under Instrument Number 200503523973 , Official Public Records, Dallas County, Texas.

(For SPRG Use Only)

Reviewed By: _ _ __ Date: - - - - - - SPRG No 2656

Page 2 of 3


EASEMENT ABANDONMENT COLORADO BOULEVARD EXHIBIT A-TRACT 3 BLOCK 24/3005 LEGEND (For SPRG use only)

SCALE: 1"=100'

Reviewed by: - - - - -

0

Date: -------~ SPRG No . --=2=6=5=6~~~

50

100

~,...,~-~-!miiiiiiiiiiii~I

Dote: Novemb er 7, 2012 Job No. 05020

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ROW TO CITY OF DALLAS

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TO CITY - TRACT 2 Vol. 5265, Pg. 45.3, D.R .D.C.T. \±./ TO CITY - TRACT 1 Vol. 5265, Pg. 45.3, D.R.D.C.T. Q) TO CITY Vol. 4527, Pg. 262, D.R.D.C. T. @ TO CITY - RECORD NOT FOUND (BY USE AND OCCUPATION) ~

BLOCK D/3000

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The bearing basis for this description is a bearing of N90"00°00 W for the north line of Colorado Bou levard as recorded under Instrument Number 200503523973, Official Public Records, Dallas County, Texos .

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ABANDONMENT AREA 1,694 SF/0.039 AC

1 - - - - - -T-ro_c_\_1_ _ _ _~ 1 1 Southern Foods Group, L.P. Inst. No. 2DD50.352.397.3 : O.P.R.D.C. T.

BLOCK 25/ 3006

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Lot 6

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EXHIBIT B ADDITIONAL ABANDONMENT PROVISIONS That as a condition hereof, this abandonment is subject to any utilities or communication facilities , including without limitation water and wastewater lines, gas lines, and storm sewers, ("Facilities") presently located within the abandoned area described in Exhibit "A", owned and/or operated by the City of Dallas or any utility or communications company, public or private, ("Utility") and to the rights of any Utility for the use of the abandoned area for its Facilities. It is the intent of the foregoing to confirm and maintain and there is hereby reserved and excepted unto the City of Dallas, and not abandoned or conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under, through, in, and across the abandoned area for each Utility for its respective Facilities located therein at the time of this abandonment, together with the right to make any subsequent alterations, additions, expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary or convenient by the Utility owning and/or operating same. No buildings, structures (above or below ground) or trees shall be constructed or placed within the abandoned area without written consent of each affected Utility.

Each Utility shall have the full right to remove and keep

removed all or part of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting, patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the necessity at any time of procuring the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area.

The relocation, removal or adjustment of any or all such Facilities, if made

necessary by GRANTEE'S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE herein, or GRANTEE'S successors and assigns.

Should GRANTEE'S relocation or removal of the Facilities require the obtaining of new

easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE'S successors and assigns. If any of the Facilities (or relocations thereof) are allowed to remain on any part of the abandoned area, the easements and buildings restrictions provided herein shall remain thereon. Upon removal or relocation of all of the Facilities, any easements reserved or created herein relating to such removed or relocated Facilities shall terminate, and any building restrictions herein created shall cease.

ABAN.EXB (revised 11/9/00)


AGENDA ITEMS # 54,55 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45Q 45R ________________________________________________________________

SUBJECT Farmers Market Redevelopment, Phase II - Shed 1 *

Authorize (1) a development agreement with DF Market 1, LLC, to provide funding for the renovation of the Shed 1 Project (local farmers stalls) as part of the Farmers Market Redevelopment, Phase II located in Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District); and (2) the Farmers Market TIF District Board of Directors to dedicate up to $300,000 from Farmers Market TIF revenues in accordance with the development agreement - Not to exceed $300,000 - Financing: Farmers Market TIF District Funds

*

A resolution declaring the intent of Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District), to reimburse DF Market 1 LLC, in an amount not to exceed $300,000 for certain improvements related to the Shed 1 Project of the Farmers Market Redevelopment, Phase II in the Farmers Market TIF District - Financing: No cost consideration to the City

BACKGROUND On February 27, 2013, City Council authorized a Master Agreement for the redevelopment of the Dallas Farmers Market with DFM Developer, Ltd., (Brian Bergersen, Owner/Developer), which outlined a redevelopment plan for the Dallas Farmers Market. The approved Master Agreement redevelopment plan provides for: (1) the lease of Shed 1 for renovation and operation as a marketplace for local farmers and farm merchants and vendors to sell produce and other farm-related products; (2) the sale of Shed 2 for renovation for use by restaurants, specialty food vendors, other retail vendors, and a beer garden; (3) the sale of Sheds 3 and 4 for the development of retail, residential, and parking uses (including public parking for the market); (4) the sale of the auxiliary/administration building for its renovation for use as a culinary learning center, production studio, market administration office, retail leasing office, and retail; and (5) the sale of the remote parking area for redevelopment for outdoor activities, specifically a community garden and futsal fields.


BACKGROUND (Continued) The development agreement under consideration is part of the Farmers Market Redevelopment Phase II for the renovation of the Shed 1 Project and additional improvements. Currently, Shed 1 is approximately 20,000 square feet of retail space for local farmers. Shed 1 will be completely renovated to meet the farmer’s needs. A minimum of 60 bays/stalls for the local farmers, farm merchants and vendors will be renovated/built to suit the needs of the farmers. The new design will remove vehicular access from the shed and create pedestrian walkways and a display area in the shed. Improvements include public parking along Taylor Street and Pearl Street, pedestrian protection from vehicles and enhanced streetscape. A truck staging area will be located along Pearl Street. The streetscape will be enhanced along the Pearl Street. The Farmers Market TIF funding request is for the refurbishing of this City-owned facility and installing sixty stall/bays for the local farmers, farm merchants and vendors. The designs for the project are reviewed and approved by the Dallas Design Studio and Peer Review Committee. Separate Council Items under consideration on this agenda – TIF Agreements: Total TIF funding allocated for all the Projects in the Farmers Market Redevelopment Phase II is in an amount not to exceed $13,335,331. Shed 2 Project: The existing Shed 2 of approximately 28,000 square feet, will be renovated to showcase a variety of Dallas based restaurants and specialty food vendors. The improvements also include construction of a public “beer garden” located at the Southeast corner of Harwood Street and Marilla Street. The TIF funding request for the Shed 2 is in an amount not to exceed $355,477. Mixed-use development/Shed 3 and Shed 4 Project: Shed 3 & 4 will be demolished and the space will be turned into a mixed-use development. A new building will be constructed with approximately 240 apartments (200,000 square feet for residential use) in 5-6 stories of wood frame and concrete frame construction, plus ground floor retail of approximately 16,000 square feet. This building will include 544 parking spaces (300 city owned public parking spaces and 244 private parking spaces. The TIF funding request for the mixed-use development is in an amount not to exceed $8,536,486. 2101 and 2111 Taylor Street Project: The improvements to 2101 and 2111 Taylor Street will include approximately 25,000 square feet of commercial restaurant / retail, plus 60 residential units and 60 parking spaces. The TIF funding request for the public parking on Taylor Street, is in an amount not to exceed $3,553,480.

Agenda Date 12/11/2013 -page 2


BACKGROUND (Continued) Futsal Project: The existing site of approximately 1.8 acres of remote parking space will be redeveloped to create futsal fields, a fitness track and a community garden. The improvements include three futsal fields, walking/jogging trail, aluminum bleacher seating, lighting, restrooms and storage. A portion of the area will be converted to a community garden. The TIF funding request for the community garden and futsal fields in an amount not to exceed $589,888. ESTIMATED SCHEDULE OF SHED 1 PROJECT Begin Renovation Work Complete Renovation Work

October 2014 October 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, Farmers Market TIF District by Ordinance No. 23521, as amended. On August 25, 1999, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Farmers Market TIF District by Ordinance No. 24001, as amended. On February 27, 2013, by Resolution No. 13-0447, the City Council authorized a Master Agreement for the Redevelopment of the Dallas Farmers Market with DFM Developer, Ltd. On March 27, 2013, by Ordinance No. 28951, the City Council authorized amendments to the Farmers Market TIF Project and Financing Plan, including the expansion of the geographic boundaries of the TIF district to include the Dallas Farmers Market property. On March 27, 2013, by Resolution No. 13-0535, the City Council authorized the City Manager to execute a 30-year lease agreement, with two, five-year renewal options, for the Dallas Farmers Market Shed 1. On June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156.

Agenda Date 12/11/2013 -page 3


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./or its affiliate, and to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331. On December 2, 2013, the Economic Development Committee was briefed on the proposed Farmers Market Redevelopment, Phase II. FISCAL INFORMATION $300,000 - Farmers Market TIF District Funds OWNER

DEVELOPER

DF Market 1, LLC

DF Market 1, LLC

Brian Bergersen Owner/Developer

Brian Bergersen Owner/Developer

MAP Attached.

Agenda Date 12/11/2013 -page 4


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COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council authorized an amendment to the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./or its affiliates, in the Farmers Market TIF District, and recommended City Council authorize a development agreements with DFM Developer, Ltd./or its affiliates, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331; and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan, the City desires to reimburse DF Market 1 LLC, for the costs of the renovation of the Shed 1 Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That City Manager, upon approval as to form by the City Attorney's Office is hereby authorized to execute a development agreement with DF Market 1, LLC, and that future Farmers Market TIF revenues in an amount not to exceed $300,000 are hereby dedicated to TIF-eligible project costs associated with the Shed 1 Project, shown in the TIF funded Shed 1 Project budget, attached hereto as Exhibit A, as part of the implementation of the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan. Section 2. That the facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 3. That the City Controller is hereby authorized to encumber and disburse funds from future tax increments and subject to future appropriations from: Farmers Market TIF District Fund Fund 0036, Department ECO, Unit P844, Activity TFFM, Object 4510, Program No. FMTIF0007, CT ECOP844B249, Vendor No. VS0000082184 in an amount not exceed $300,000; and Total amount not to exceed $300,000 for the Shed 1 Project, Farmers Market Redevelopment, Phase II. Section 4. That DF Market 1, LLC, shall fund the TIF-eligible costs of the Shed 1 Project, Farmers Market Redevelopment, Phase II. DF Market 1, LLC, will be reimbursed (in an amount not to exceed $300,000) solely from the Farmers Market TIF District Funds in accordance with the terms of the development agreement described in hereof, but only to the extent such Farmers Market TIF District funds are available for such purpose. Section 5. That nothing in this resolution shall be construed to require the City to approve funding from any source of City funds other than the Farmers Market TIF District funds. Any funds expended by DF Market 1 LLC, under the development agreement, that have not been paid, due to lack of or unavailability of Farmers Market TIF District funds shall no longer be considered project costs of the Farmers Market TIF District, and the obligation of the Farmers Market TIF District or the City to reimburse DF Market 1 LLC, shall automatically expire.


COUNCIL CHAMBER

December 11, 2013 Section 6. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed or occur: a. b.

c. d. e.

f.

g.

h.

Pull a building permit for Shed 1 by October 1, 2014; Invest a minimum of $800,000 for Shed 1 improvements by October 1, 2015, in accordance with Section 5 of that certain Shed 1 Lease Agreement by and between City and DF Market 1 LLC; Complete the public improvements associated with Shed 1 and obtain a final certificate of acceptance issued by the City by October 1, 2015; Build a minimum of 60 bays/stalls for the local farmers, farm merchants and vendors and obtain a certificate of occupancy for the stalls by October 1, 2015; Execute an operating and maintenance agreement for the “non-standard public improvements” in the public right-of-way associated with the project by June 30, 2015. For purposes of this Agreement, “non-standard public improvements” means improvements which exceed City’s standard design requirements as determined by City’s Department of Public Works as agreed by Owner, but does not include any paved roadways or below grade improvements, such as water, storm water, sanitary sewer or other utility systems. DF Market 1 LLC will be required to maintain the non-standard improvements under the operating and maintenance agreement from the time of their completion through October 1, 2035; Comply with all the City’s M/WBE Fair Share policies with a goal of thirty percent (30%) participation for the TIF eligible public improvement project and for the private improvement construction with a participation goal in an amount of 10% of total private construction cost (this amount is based on the total proportion of TIF financial participation in the project) construction and meet all reporting and procedural requirements; Submit quarterly (once in every three months, starting from the construction start date) project status reports to the Office of Economic Development Staff beginning on January 1, 2015; and Construct public and private improvements that conform in design and materials shown in renderings approved by Office of Economic Development staff, City of Dallas Design Studio and Peer Review Committee (Exhibit B, Plan & Conceptual Renderings), subject to zoning changes, if any. Minor modifications can be approved by the Dallas Design Studio, if needed.

Section 7. That TIF funds, in an amount not to exceed $300,000, will begin to be reimbursed upon completion of the Shed 1 Project obligations (above required elements) and all TIF funding is subject to the terms of the Farmers Market TIF Increment Allocation Policy attached as Exhibit C.


COUNCIL CHAMBER

December 11, 2013 Section 8. That the Director of Office of Economic Development, after approval and recommendation of the Farmers Market TIF District Board of Directors, may authorize an extension of the project completion deadlines of up to 6 months. Section 9. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II Shed 1 Project Cost Estimates

Description Improvements to Shed 1: Painting, plumbing, concrete, refurbishment, landscape and streetscape improvements TIF Request

Amount

$300,000 $300,000

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF funding for Shed 1 Project is $300,000.

1


16,896 SF

FARMERS MARKET SHED 1 DALLAS FARMERS MARKET DALLAS, TX

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VIEW FROM NORTHWEST Shed 1 - Farmer's Market Dallas, Texas

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Exhibit C

TIF Increment Allocation Policy Farmers Market TIF District November 21, 2013 It is important for the City of Dallas to encourage as many projects as possible and also allocate Farmers Market TIF District funds to Developers, based on the increment created by the Project (as defined below) and Related Projects/Developers (as defined below) within the District rather than on a first come first serve basis. Definitions: Project (TIF-eligible) - development or redevelopment that adds taxable real property value at a particular site or is a space or facility of public benefit such as open space, trails or cultural facilities. The Project has been approved for TIF funds and all requirements set forth in the development agreement have been completed. Developer – A person or entity that has completed all requirements for a TIF-eligible Project as set out in the fully executed development agreement for the Project. Related Project/Developer– if a Developer or a Developer’s affiliates (as defined in a development agreement) has other development or redevelopment projects in addition to a TIFeligible Project, increment from those Related Project(s) may be included in Individual Increment for reimbursement of the TIF-eligible Project expenses. These requirements will be further specified in a development agreement where applicable. Related Projects must create new taxable real property value for the District based on the following criteria: •

New development on previously vacant land or demolished structures.

Total Increment– the annual amount of increment deposited into the TIF fund from the participating jurisdictions. Individual Increment – the portion of the increment that a Project or Related Project creates each year. Net Individual Increment – Individual Increment less the Project’s and/or Related Project’s portion of Administrative Expenses each year. This portion will be based on the ratio of Individual Increment to Total Increment. Administrative Expenses – the City will take a share of TIF revenue from this District for the amount it bills to the District for costs necessary for administration of the TIF District program, which may include charges from other departments, each year. District-Wide Improvements – improvements that are not specific to a single development site such as gateways, trails, open space, public facilities, or utility/streetscape improvements benefiting multiple properties or blocks. Shared Increment – the Total Increment less (1) the portion of Administrative Expenses not already deducted from Individual Increment, (2) a set-aside for District-Wide Improvements if applicable, and (3) the sum of the Individual Increments of all eligible Developers. Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 1 of 3


Exhibit C

Available Cash - cash in the Farmers Market TIF District fund that is not already allocated, encumbered, or otherwise set aside for other purposes. Procedure: Annually, after the Total Increment has been deposited in the TIF fund, the fund will pay or set aside Administrative Expenses based on a ratio of Individual Increments and any remaining costs from unallocated increment in the TIF fund. After Administrative Expenses and any District-Wide Improvement allocation have been paid or set aside, Developers approved for TIF funding from the Farmers Market TIF District will be eligible to receive their Net Individual Increment. In addition to their Net Individual Increment, the Developers of the Dallas Farmers Market site will be eligible to receive a portion of any Shared Increment. The Shared Increment allotted to an eligible Developer shall be a ratio of an eligible Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for all Projects eligible for reimbursement for that year. Dallas Central Appraisal District (DCAD) certified values for each tax year will be the data source used to determine values for the increment allocation procedure. However, no increment allocation will be made unless a total Project or specific phase as defined in a development agreement is completed by May 1st of a given year. The Cityâ&#x20AC;&#x2122;s Director of Economic Development will make the final determination in applying future available revenues in the TIF Fund among Projects. District-Wide Improvement Set-Aside Once the pre-existing agreement with Perry Homes has been fully reimbursed, up to 20% of the total Increment may be set-aside for District-Wide improvements as determined by TIF Board on October 28, 2008. Accumulated District-Wide Improvement Set-Aside funds may be allocated by the Board for improvements that benefit the Farmers Market TIF District. Specific improvement projects are to be determined and the amount of this set aside will be reviewed annually based on updated financial projections and District needs. If there is future revenue from the parking, those funds will be allocated towards the DistrictWide Improvement Set-Aside. Pre-existing Agreements This Increment Allocation Policy does not affect the development agreement with Perry Homes for the Farmers Market Way Town Homes development. This Project shall be reimbursed according to the development agreement, which states that the Developer will be paid on first come first serve basis after paying administrative expenses. The Project will be reimbursed after meeting all terms of the development agreement. If the Project fails to meet the requirements, the agreement will be terminated and the TIF funds will be reallocated to the District-Wide Improvement Set-Aside.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 2 of 3


Exhibit C

The Farmers Market Square Project shall be reimbursed according to their development Agreement, which states that the Developer will be paid their own increment and a portion of the Shared Increment after the administrative expenses and District-Wide Improvement Set-Aside. Currently, there are sufficient Farmers Market TIF funds to fully reimburse the existing commitments (Perry Homes and Farmers Market Square Project) upon meeting all the terms of the development agreement. Farmers Market Redevelopment Project increment set-aside After the TIF subsidies due the developers with pre-existing development agreements have been paid, all TIF funds (other than those required to pay administrative expenses) that become available from (1) the Farmers Market Redevelopment Project Individual Increments and (2) those properties located within the boundaries of the Farmers Market TIF District as of March 27, 2013 (the Shared Increment), shall be paid to the Farmers Market Redevelopment Project Developer until said Developer has received the full amount that it is due under the TIF development agreements between said Developer and City and that no other person shall be entitled to receive any of the TIF funds available from such sources unless and until said Developer has received the full amount that it is due under its TIF development agreements with City. Notwithstanding the foregoing, said Developer understands that (1) it will not be entitled to receive any of the TIF funds which may become available from any future development in the Farmers Market TIF District, other than from (a) the Farmers Market Redevelopment Project and (b) those properties located within the boundaries of the Farmers Market TIF District as of the date of March 27, 2013, and (2) any future developments in the Farmers Market TIF District will be eligible to receive only the TIF increment generated by such future developments until such time as the Farmers Market Redevelopment Project Developer has received the full amount that it is due under its TIF development agreements with City. Notes: In general, the assignment of increment will be done annually, after each participating jurisdiction has deposited its annual increment into the TIF fund. Upon completion of a Project, developers are eligible to be reimbursed for TIF eligible expenditures from Available Cash currently in the TIF fund, if any. If the appraised value of the remaining property in the TIF District decreases in value despite new development and as additional TIF Projects are approved and completed, the TIF subsidy for Projects that year may be reduced or unpaid.Similarly, if the sum of (1) AdministrativeExpenses, (2) District-Wide Improvements, and (3) the sum of the Individual Increments is greater than the Total Increment, then the Individual Increments shall be allotted on a proportional basis based on the ratio of each Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for that year. If there is no revenue available after administrative expenses, there will be no increment payments that year. At its discretion, theFarmers Market TIF District TIF Board may make modifications or corrections to this Policy to increase its effectiveness.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 3 of 3


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council authorized an amendment to the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331; and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan, the City desires to reimburse DF Market 1, LLC. for the costs of the renovation of the Shed 1 Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes. Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the Shed 1 Project. The following is a general functional description of the Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description Debt To Be Issued Shed 1 Project Not to exceed $300,000 Painting, plumbing, concrete Refurbishment, landscaping and Streetscape improvements, as shown in Exhibit A Section 3. That the total Farmers Market TIF District participation in the Shed 1 Project for cost of painting, plumbing, concrete, refurbishing, landscaping, streetscape improvements and other public improvements associated with Shed 1 of the Farmers Market, Phase II shall not exceed the amount of $300,000 all in accordance with the terms of said development agreement. Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Farmers Market TIF Fund and/or Tax Increment Bonds. Any funds expended under the development agreement that remain unpaid upon termination of the Farmers Market TIF, due to lack or unavailability of Farmers Market TIF Funds shall no longer be considered project costs of the Farmers Market TIF District or the City to pay the DF Market 1, LLC shall automatically expire. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II Shed 1 Project Cost Estimates

Description Improvements to Shed 1: Painting, plumbing, concrete, refurbishment, landscape and streetscape improvements TIF Request

Amount

$300,000 $300,000

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF funding for Shed 1 Project is $300,000.

1


AGENDA ITEMS # 56,57 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 Q 45 R ________________________________________________________________

SUBJECT Farmers Market Redevelopment, Phase II - Shed 2 *

Authorize (1) a development agreement with DF Market 2, LLC, to provide funding for the renovation of the Shed 2 Project as part of the Farmers Market Redevelopment, Phase II located in Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District); and (2) the Farmers Market TIF District Board of Directors to dedicate up to $355,477 from Farmers Market TIF revenues in accordance with the development agreement - Not to exceed $355,477 - Financing: Farmers Market TIF District Funds

*

A resolution declaring the intent of Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District), to reimburse DF Market 2, LLC, in an amount not to exceed $355,477 for certain improvements related to the Shed 2 Project of the Farmers Market Redevelopment, Phase II in the Farmers Market TIF District - Financing: No cost consideration to the City

BACKGROUND On February 27, 2013, City Council authorized a Master Agreement for the redevelopment of the Dallas Farmers Market with DFM Developer, Ltd., (Brian Bergersen, Owner/Developer), which outlined a redevelopment plan for the Dallas Farmers Market. The approved Master Agreement redevelopment plan provides for: (1) the lease of Shed 1 for renovation and operation as a marketplace for local farmers and farm merchants and vendors to sell produce and other farm-related products; (2) the sale of Shed 2 for renovation for use by restaurants, specialty food vendors, other retail vendors, and a beer garden; (3) the sale of Sheds 3 and 4 for the development of retail, residential, and parking uses (including public parking for the market); (4) the sale of the auxiliary/administration building for its renovation for use as a culinary learning center, production studio, market administration office, retail leasing office, and retail; and (5) the sale of the remote parking area for redevelopment for outdoor activities, specifically a community garden and futsal fields.


BACKGROUND (Continued) The development agreement under consideration is part of the Farmers Market Redevelopment Phase II for the Shed 2 Project. The existing Shed 2 of approximately 28,000 square feet, will be renovated to showcase a variety of Dallas based restaurants and specialty food vendors. The improvements also include construction of a public “beer garden” located at the Southeast corner of Harwood Street and Marilla Street. The Farmers Market TIF funding in the form of a TIF Grant is requested for the Shed 2 façade and retail space improvements and for the Beer Garden. The designs for the project are reviewed and approved by the Dallas Design Studio and Peer Review Committee. Separate Council Items under consideration on this agenda – TIF Agreements: Total TIF funding allocated for all the Projects in the Farmers Market Redevelopment, Phase II is in an amount not to exceed $13,335,331. Shed 1 Project: Existing Shed 1 is approximately 20,000 square feet of local farmer’s stall space. Shed 1 will be completely renovated to meet the farmer’s needs. The new design will remove vehicular access from the shed and create pedestrian walkways and a display area in the shed. Improvements include public parking along Taylor Street and Pearl Street, pedestrian protection from vehicles and enhanced streetscape. A truck staging area will be located along Farmers Way Street. The streetscape will be enhanced along the two streets (Farmers Way and Pearl Street). The TIF funding request for the Shed 1 is in an amount not to exceed $300,000. Mixed-use development/Shed 3 and Shed 4: Sheds 3 & 4 will be demolished and the space will be turned into a mixed-use development. A new building will be constructed with approximately 240 apartments (200,000 square feet for residential use) in 5-6 stories of wood frame and concrete frame construction, plus ground floor retail of approximately 16,000 square feet. This building will include 544 parking spaces (300 city owned public parking spaces and 244 private parking spaces. The TIF funding request for the mixed-use development is in an amount not to exceed $8,536,486. 2101 and 2111 Taylor Street Project: The improvements to 2101 and 2111 Taylor Street will include approximately 25,000 square feet of commercial restaurant / retail, plus 60 residential units and 60 parking spaces. The TIF funding request for the public parking on Taylor Street, is in an amount not to exceed $3,553,480.

Agenda Date 12/11/2013 -page 2


BACKGROUND (Continued) Futsal Project: The existing site of approximately 1.8 acres of remote parking space will be redeveloped to create futsal fields, a fitness track and a community garden. The improvements include three futsal fields, walking/jogging trail, aluminum bleacher seating, lighting, restrooms and storage. A portion of the area will be converted to a community garden. The TIF funding request for the Futsal Project is in an amount not to exceed $589,888. ESTIMATED SCHEDULE OF SHED 2 PROJECT Begin Renovation Work Complete Renovation Work

October 2014 December 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, Farmers Market TIF District by Ordinance No. 23521, as amended. On August 25, 1999, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Farmers Market TIF District by Ordinance No. 24001, as amended. On February 27, 2013, by Resolution No. 13-0447, the City Council authorized a Master Agreement for the Redevelopment of the Dallas Farmers Market with DFM Developer, Ltd. On March 27, 2013, by Ordinance No. 28951, the City Council authorized amendments to the Farmers Market TIF Project and Financing Plan, including the expansion of the geographic boundaries of the TIF district to include the Dallas Farmers Market property. On March 27, 2013, by Resolution No. 13-0535, the City Council authorized the City Manager to execute a 30-year lease agreement, with two, five-year renewal options, for the Dallas Farmers Market Shed 1. On June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156.

Agenda Date 12/11/2013 -page 3


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./ or its affiliate, and to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331. On December 2, 2013, the Economic Development Committee was briefed on the proposed Farmers Market Redevelopment, Phase II. FISCAL INFORMATION $355,477 - Farmers Market TIF District Funds OWNER

DEVELOPER

DF Market 2, LLC

DF Market 2, LLC

Brian Bergersen Owner/Developer

Brian Bergersen Owner/Developer

MAP Attached.

Agenda Date 12/11/2013 -page 4


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COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council authorized an amendment to the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project ; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331; and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan, the City desires to reimburse DF Market 2 LLC, for the costs of the Shed 2 Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That City Manager, upon approval as to form by the City Attorney's Office is hereby authorized to execute a development agreement with DF Market, 2 LLC, and that future Farmers Market TIF revenues in an amount not to exceed $355,477 are hereby dedicated to TIF-eligible project costs associated with the Shed 2 Project, shown in the TIF funded Shed 2 Project budget, attached hereto as Exhibit A, as part of the implementation of the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan. Section 2. That the facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. Section 3. That the City Controller is authorized to encumber and disburse funds from future tax increments and subject to future appropriations from: Farmers Market TIF District Fund Fund 0036, Department ECO, Unit P845, Activity TFFM, Object 4510, Program No. FMTIF0008, CT ECOP845B250-01, Vendor No. VS0000082186 in an amount not exceed $355,477; and Total amount not to exceed $355,477 for the Farmers Market Redevelopment, Phase II, Shed 2 Project. Section 4. That DF Market 2, LLC, shall design, fund the TIF-eligible costs of the Shed 2 Project, Farmers Market Redevelopment, Phase II, DF Market 2, LLC, will be reimbursed (in an amount not to exceed $355,477) solely from the Farmers Market TIF District Funds in accordance with the terms of the development agreement described in hereof, but only to the extent such Farmers Market TIF District funds are available for such purpose. Section 5. That nothing in this resolution shall be construed to require the City to approve funding from any source of City funds other than the Farmers Market TIF District funds. Any funds expended by DF Market 2, LLC, under the development agreement, that have not been paid, due to lack of or unavailability of Farmers Market TIF District funds shall no longer be considered project costs of the Farmers Market TIF District, and the obligation of the Farmers Market TIF District or the City to reimburse DF Market 2, LLC, shall automatically expire.


COUNCIL CHAMBER

December 11, 2013 Section 6. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed by the Developer or occur: a. b. c. d.

e.

f.

g.

Pull a building permit for Shed 2 Project by October 1, 2014; Invest a minimum of $1,784,987 for Shed 2 improvements by December 31, 2015; Complete the public improvements associated with Shed 2 and obtain a final certificate of acceptance issued by the City by December 31, 2015; Execute an operating and maintenance agreement for the “non-standard public improvements” in the public right-of-way associated with the project by December 31, 2015. For purposes of this Agreement, “non-standard public improvements” means improvements which exceed City’s standard design requirements as determined by City’s Department of Public Works as agreed by Owner, but does not include any standard paved roadways or below grade improvements, such as water, storm water, sanitary sewer or other standard utility systems. The Owner will be required to maintain the non-standard improvements under the operating and maintenance agreement from the time of their completion through October 1, 2035; Comply with all the City’s M/WBE Fair Share policies with a goal of 10% of total private construction cost (this amount is based on the total proportion of TIF financial participation in the project) and meet all the reporting and procedural the requirements; Submit quarterly (once in every three months, starting from the construction start date) project status reports to the Office of Economic Development Staff beginning on December 31, 2014; and Construct public and private improvements that conform in design and materials shown in renderings approved by Office of Economic Development staff, City of Dallas Design Studio and Peer Review Committee (Exhibit B, Plan & Conceptual Renderings), subject to zoning changes, if any. Minor modifications can be approved by the Dallas Design Studio, if needed.

Section 7. That TIF funds, in an amount not to exceed $355,477, will begin to be reimbursed upon completion of the Shed 2 Project obligations (above required elements) and subject to the terms of the Farmers Market TIF Increment Allocation Policy, attached as Exhibit C. Section 8. That the Director of Office of Economic Development, after approval and recommendation of the Farmers Market TIF District Board of Directors, may authorize an extension of the project completion deadlines up to 6 months.


COUNCIL CHAMBER

December 11, 2013 Section 9. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II Shed 2 Project Cost Estimates Description Improvements to Shed 2: TIF Grant for streetscape and public open space improvements TIF Request

Amount

$355,477 $355,477

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF Grant funding for Shed 2 improvements is $355,477.

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Exhibit C

TIF Increment Allocation Policy Farmers Market TIF District November 21, 2013 It is important for the City of Dallas to encourage as many projects as possible and also allocate Farmers Market TIF District funds to Developers, based on the increment created by the Project (as defined below) and Related Projects/Developers (as defined below) within the District rather than on a first come first serve basis. Definitions: Project (TIF-eligible) - development or redevelopment that adds taxable real property value at a particular site or is a space or facility of public benefit such as open space, trails or cultural facilities. The Project has been approved for TIF funds and all requirements set forth in the development agreement have been completed. Developer – A person or entity that has completed all requirements for a TIF-eligible Project as set out in the fully executed development agreement for the Project. Related Project/Developer– if a Developer or a Developer’s affiliates (as defined in a development agreement) has other development or redevelopment projects in addition to a TIFeligible Project, increment from those Related Project(s) may be included in Individual Increment for reimbursement of the TIF-eligible Project expenses. These requirements will be further specified in a development agreement where applicable. Related Projects must create new taxable real property value for the District based on the following criteria: •

New development on previously vacant land or demolished structures.

Total Increment– the annual amount of increment deposited into the TIF fund from the participating jurisdictions. Individual Increment – the portion of the increment that a Project or Related Project creates each year. Net Individual Increment – Individual Increment less the Project’s and/or Related Project’s portion of Administrative Expenses each year. This portion will be based on the ratio of Individual Increment to Total Increment. Administrative Expenses – the City will take a share of TIF revenue from this District for the amount it bills to the District for costs necessary for administration of the TIF District program, which may include charges from other departments, each year. District-Wide Improvements – improvements that are not specific to a single development site such as gateways, trails, open space, public facilities, or utility/streetscape improvements benefiting multiple properties or blocks. Shared Increment – the Total Increment less (1) the portion of Administrative Expenses not already deducted from Individual Increment, (2) a set-aside for District-Wide Improvements if applicable, and (3) the sum of the Individual Increments of all eligible Developers. Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 1 of 3


Exhibit C

Available Cash - cash in the Farmers Market TIF District fund that is not already allocated, encumbered, or otherwise set aside for other purposes. Procedure: Annually, after the Total Increment has been deposited in the TIF fund, the fund will pay or set aside Administrative Expenses based on a ratio of Individual Increments and any remaining costs from unallocated increment in the TIF fund. After Administrative Expenses and any District-Wide Improvement allocation have been paid or set aside, Developers approved for TIF funding from the Farmers Market TIF District will be eligible to receive their Net Individual Increment. In addition to their Net Individual Increment, the Developers of the Dallas Farmers Market site will be eligible to receive a portion of any Shared Increment. The Shared Increment allotted to an eligible Developer shall be a ratio of an eligible Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for all Projects eligible for reimbursement for that year. Dallas Central Appraisal District (DCAD) certified values for each tax year will be the data source used to determine values for the increment allocation procedure. However, no increment allocation will be made unless a total Project or specific phase as defined in a development agreement is completed by May 1st of a given year. The Cityâ&#x20AC;&#x2122;s Director of Economic Development will make the final determination in applying future available revenues in the TIF Fund among Projects. District-Wide Improvement Set-Aside Once the pre-existing agreement with Perry Homes has been fully reimbursed, up to 20% of the total Increment may be set-aside for District-Wide improvements as determined by TIF Board on October 28, 2008. Accumulated District-Wide Improvement Set-Aside funds may be allocated by the Board for improvements that benefit the Farmers Market TIF District. Specific improvement projects are to be determined and the amount of this set aside will be reviewed annually based on updated financial projections and District needs. If there is future revenue from the parking, those funds will be allocated towards the DistrictWide Improvement Set-Aside. Pre-existing Agreements This Increment Allocation Policy does not affect the development agreement with Perry Homes for the Farmers Market Way Town Homes development. This Project shall be reimbursed according to the development agreement, which states that the Developer will be paid on first come first serve basis after paying administrative expenses. The Project will be reimbursed after meeting all terms of the development agreement. If the Project fails to meet the requirements, the agreement will be terminated and the TIF funds will be reallocated to the District-Wide Improvement Set-Aside.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 2 of 3


Exhibit C

The Farmers Market Square Project shall be reimbursed according to their development Agreement, which states that the Developer will be paid their own increment and a portion of the Shared Increment after the administrative expenses and District-Wide Improvement Set-Aside. Currently, there are sufficient Farmers Market TIF funds to fully reimburse the existing commitments (Perry Homes and Farmers Market Square Project) upon meeting all the terms of the development agreement. Farmers Market Redevelopment Project increment set-aside After the TIF subsidies due the developers with pre-existing development agreements have been paid, all TIF funds (other than those required to pay administrative expenses) that become available from (1) the Farmers Market Redevelopment Project Individual Increments and (2) those properties located within the boundaries of the Farmers Market TIF District as of March 27, 2013 (the Shared Increment), shall be paid to the Farmers Market Redevelopment Project Developer until said Developer has received the full amount that it is due under the TIF development agreements between said Developer and City and that no other person shall be entitled to receive any of the TIF funds available from such sources unless and until said Developer has received the full amount that it is due under its TIF development agreements with City. Notwithstanding the foregoing, said Developer understands that (1) it will not be entitled to receive any of the TIF funds which may become available from any future development in the Farmers Market TIF District, other than from (a) the Farmers Market Redevelopment Project and (b) those properties located within the boundaries of the Farmers Market TIF District as of the date of March 27, 2013, and (2) any future developments in the Farmers Market TIF District will be eligible to receive only the TIF increment generated by such future developments until such time as the Farmers Market Redevelopment Project Developer has received the full amount that it is due under its TIF development agreements with City. Notes: In general, the assignment of increment will be done annually, after each participating jurisdiction has deposited its annual increment into the TIF fund. Upon completion of a Project, developers are eligible to be reimbursed for TIF eligible expenditures from Available Cash currently in the TIF fund, if any. If the appraised value of the remaining property in the TIF District decreases in value despite new development and as additional TIF Projects are approved and completed, the TIF subsidy for Projects that year may be reduced or unpaid.Similarly, if the sum of (1) AdministrativeExpenses, (2) District-Wide Improvements, and (3) the sum of the Individual Increments is greater than the Total Increment, then the Individual Increments shall be allotted on a proportional basis based on the ratio of each Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for that year. If there is no revenue available after administrative expenses, there will be no increment payments that year. At its discretion, theFarmers Market TIF District TIF Board may make modifications or corrections to this Policy to increase its effectiveness.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 3 of 3


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council authorized an amendment to the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, City Council authorized the Farmers Market Rede velopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./ or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331;and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan, the City desires to reimburse DF Market 2, LLC, for the costs of the renovation of Shed 2 Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes. Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the Shed 2 Project. The following is a general functional description of the Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description Shed 2 Project TIF Grant for Faรงade improvements Retail space improvement Beer Garden, as shown in Exhibit A

Debt To Be Issued Not to exceed $355,477

Section 3. That the total Farmers Market TIF District participation in the Shed 2 Project for faรงade improvements, retail space improvements and other public improvements shall not exceed an amount of $355,477 all in accordance with the terms of the said development agreement. Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Farmers Market TIF Fund and/or Tax Increment Bonds. Any funds expended under the development agreement that remain unpaid upon termination of the Farmers Market TIF, due to lack or unavailability of Farmers Market TIF Funds shall no longer be considered project costs of the Farmers Market TIF District or the City to pay the DF Market 2, LLC, shall automatically expire. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II Shed 2 Project Cost Estimates Description Improvements to Shed 2: TIF Grant for streetscape and public open space improvements TIF Request

Amount

$355,477 $355,477

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF Grant funding for Shed 2 improvements is $355,477.

1


AGENDA ITEMS # 58,59 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45Q 45R ________________________________________________________________

SUBJECT Farmers Market Redevelopment, Phase II *

Authorize (1) a development agreement with DFM Developer, Ltd., to provide funding for the Mixed-use development/Shed 3 and Shed 4 Project as part of the Farmers Market Redevelopment, Phase II located in Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District); and (2) the Farmers Market TIF District Board of Directors to dedicate up to $8,536,486 from Farmers Market TIF revenues in accordance with the development agreement - Not to exceed $8,536,486 - Financing: Farmers Market TIF District Funds

*

A resolution declaring the intent of Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District), to reimburse DFM Developer, Ltd., in an amount not to exceed $8,536,486 for certain improvements related to the Shed 3 and Shed 4 Project of the Farmers Market Redevelopment, Phase II in the Farmers Market TIF District - Financing: No cost consideration to the City

BACKGROUND On February 27, 2013, City Council authorized a Master Agreement for the redevelopment of the Dallas Farmers Market with DFM Developer, Ltd., (Brian Bergersen, Owner/Developer), which outlined a redevelopment plan for the Dallas Farmers Market. The approved Master Agreement redevelopment plan provides for: (1) the lease of Shed 1 for renovation and operation as a marketplace for local farmers and farm merchants and vendors to sell produce and other farm-related products; (2) the sale of Shed 2 for renovation for use by restaurants, specialty food vendors, other retail vendors, and a beer garden; (3) the sale of Sheds 3 and 4 for the development of retail, residential, and parking uses (including public parking for the market); (4) the sale of the auxiliary/administration building for its renovation for use as a culinary learning center, production studio, market administration office, retail leasing office, and retail; and (5) the sale of the remote parking area for redevelopment for outdoor activities, specifically a community garden and futsal fields.


BACKGROUND (Continued) The development agreement under consideration is part of the Farmers Market Redevelopment Phase II for the Mixed-use development/Shed 3 and Shed 4 Project. The existing Shed 3 & 4 will be demolished and the space will be turned into a mixed-use development. A new building will be constructed with 240 apartments (200,000 square feet for residential use) in 5-6 stories of wood frame and concrete frame construction, plus ground floor retail of approximately 16,000 square feet. This building will include 544 parking spaces (300 city owned public parking spaces and 244 private parking spaces). The Farmers Market TIF funding in the form of a TIF Grant is requested for high density development and public parking. The designs for the project are reviewed and approved by the Dallas Design Studio and Peer Review Committee. Separate Council Items under consideration on this agenda – TIF Agreements: Total TIF funding allocated for all the Projects in the Farmers Market Redevelopment Phase II is in an amount not to exceed $13,335,331. Shed 1 Project: Existing Shed 1 is approximately 20,000 square feet of local farmer’s stall space. Shed 1 will be completely renovated to meet the farmer’s needs. The new design will remove vehicular access from the shed and create pedestrian walkways and a display area in the shed. Improvements include public parking along Taylor Street and Pearl Street, pedestrian protection from vehicles and enhanced streetscape. A truck staging area will be located along Farmers Way Street. The streetscape will be enhanced along the two streets (Farmers Way and Pearl Street). The TIF funding request for the Shed 1 is in an amount not to exceed $300,000. Shed 2 Project: The existing Shed 2 of approximately 28,000 square feet, will be renovated to showcase a variety of Dallas based restaurants and specialty food vendors. The improvements also include construction of a public “beer garden” located at the Southeast corner of Harwood Street and Marilla Street. The TIF funding request for Shed 1 is in an amount not to exceed $355,477. 2101 and 2111 Taylor Street Project: The improvements to 2101 and 2111 Taylor Street will include approximately 25,000 square feet of commercial restaurant / retail, plus 60 residential units and 60 parking spaces. The TIF funding request for the public parking on Taylor Street, is in an amount not to exceed $3,553,480.

Agenda Date 12/11/2013 -page 2


BACKGROUND (Continued) Futsal Project: The existing site of approximately 1.8 acres of remote parking space will be redeveloped to create futsal fields, a fitness track and a community garden. The improvements include three futsal fields, walking/jogging trail, aluminum bleacher seating, lighting, restrooms and storage. A portion of the area will be converted to a community garden. The TIF funding request for the community garden and futsal fields is in an amount not to exceed $589,888. ESTIMATED SCHEDULE OF SHED 3 AND SHED 4 PROJECT Begin Demolition Work Complete Construction Work

July 2015 December 2016

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, Farmers Market TIF District by Ordinance No. 23521, as amended. On August 25, 1999, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Farmers Market TIF District by Ordinance No. 24001, as amended. On June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156. On February 27, 2013, by Resolution No. 13-0447, the City Council authorized a Master Agreement for the Redevelopment of the Dallas Farmers Market with DFM Developer, Ltd. On March 27, 2013, by Ordinance No. 28951, the City Council authorized amendments to the Farmers Market TIF Project and Financing Plan, including the expansion of the geographic boundaries of the TIF district to include the Dallas Farmers Market property. On March 27, 2013, by Resolution No. 13-0537, the City Council authorized the City Manager to sell the Dallas Farmers Market Sheds 3 and 4.

Agenda Date 12/11/2013 -page 3


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street development; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./ or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331. On December 2, 2013, the Economic Development Committee was briefed on the proposed Farmers Market Redevelopment, Phase II. FISCAL INFORMATION $8,536,486 - Farmers Market TIF District Funds OWNER

DEVELOPER

DFM Developer, Ltd.

DFM Developer, Ltd.

Brian Bergersen Owner/Developer

Brian Bergersen Owner/Developer

MAP Attached.

Agenda Date 12/11/2013 -page 4


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COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council amended the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewe d the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./ or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331; and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan, the City desires to reimburse DFM Developer, Ltd., for the costs of the Shed 3 and Shed 4 Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That following approval as to form by the City Attorney, the City Manager is hereby authorized to execute a development agreement with DFM Developer, Ltd., and that future Farmers Market TIF revenues in an amount not to exceed $8,536,486 are hereby dedicated to TIF-eligible project costs associated with the Shed 3 and 4 Project, shown in the TIF funded Shed 3 and 4 Project budget, attached hereto as Exhibit A, as part of the implementation of the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan. Section 2. That the facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. Section 3. That the City Controller is authorized to encumber and disburse funds from future tax increments and subject to future appropriations from: Farmers Market TIF District Fund Fund 0036, Department ECO, Unit P846, Activity TFFM, Object 3016, Program No. FMTIF0009, CT ECOP846B251, Vendor No. VS0000079190 in an amount not exceed $8,536,486; and Total amount not to exceed $8,536,486 for the Farmers Market Redevelopment, Phase II, Mixed-use development/Shed 3 and Shed 4 Project. Section 4. That DFM Developer, Ltd., shall fund the TIF-eligible costs of the Mixed-use development/Shed 3 and 4 Project. DFM Developer, Ltd. will be reimbursed (in an amount not to exceed $8,536,486) solely from the Farmers Market TIF District Funds in accordance with the terms of the development agreement described in hereof, but only to the extent such Farmers Market TIF District funds are available for such purpose. Section 5. That nothing in this resolution shall be construed to require the City to approve funding from any source of City funds other than the Farmers Market TIF District funds. Any funds expended by DFM Developer, Ltd., under the development agreement, that have not been paid, due to lack of or unavailability of Farmers Market TIF District funds shall no longer be considered project costs of the Farmers Market TIF District, and the obligation of the Farmers Market TIF District or the City to reimburse DFM Developer, Ltd., shall automatically expire. Section 6. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed by the Developer or occur:


COUNCIL CHAMBER

December 11, 2013 Section 6. (Continued) a. b. c. d. e.

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Pull a building permit by July 1, 2015; Build structure containing a minimum 200,000 square feet for residential use; Invest a minimum of $28,000,000 for property acquisition cost and hard costs for construction by December 31, 2016; Complete 240 residential units and 16,000 square feet of retail space and obtain a final certificate of occupancy by December 31, 2016; Complete the public infrastructure improvements associated with the Mixed-use development/Shed 3 and Shed 4 Project and obtain a final certificate of acceptance by the City by December 31, 2016; Execute an operating and maintenance agreement for the “non-standard public improvements” in the public right-of-way associated with the Mixed-use development/Shed 3 and Shed 4 Project by December 31, 2016. For purposes of this Agreement, “non-standard public improvements” means improvements which exceed City’s standard design requirements as determined by City’s Department of Public Works as agreed by DFM Developer, Ltd., but does not include any standard paved roadways or below grade improvements, such as water, storm water, sanitary sewer or other standard utility systems. The Owner will be required to maintain the non-standard improvements under the operating and maintenance agreement from the time of their completion through October 1, 2035; Comply with all the City’s M/WBE Fair Share policies with a participation goal in an amount of 10% of total private construction cost (this amount is based on the total proportion of TIF financial participation in the project) and meet all reporting and procedural requirements; Submit quarterly (once in every three months, starting from the construction start date) project status reports to the Office of Economic Development Staff beginning from October 1, 2015; Market the residential units pursuant to an affirmative fair housing marketing plan approved by the City from the time of their completion through December 31, 203 1; Conform to the Mixed Income Housing Requirements (Exhibit D): The funding for the project is based on meeting the affordable housing requirement of 20% of all units meeting the affordability requirements at 80% or less of the median family income for the Dallas area for a period of fifteen years from CO date; and Construct public and private improvements that conform in design and materials shown in renderings approved by Office of Economic Development staff, City of Dallas Design Studio and Peer Review Committee (Exhibit B, Plan & Conceptual Renderings), subject to zoning changes, if any. Minor modifications can be approved by the Dallas Design Studio, if needed.


COUNCIL CHAMBER

December 11, 2013 Section 7. That TIF funds will begin to be reimbursed upon completion of the Mixed-used development/Shed 3 and Shed 4 Project obligations (above required elements) and subject to terms of the Farmers Market TIF Increment Allocation Policy, attached hereto as Exhibit C. Section 8. That the Director of Office of Economic Development, after approval and recommendation of the Farmers Market TIF District Board of Directors, may authorize an extension of the project completion deadlines up to 6 months. Section 9. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II Mixed-use Development/Shed 3 and Shed 4 Project Cost Estimates

Description Farmers Market TIF Grant: High density development and public parking

Amount

TIF Request

$8,536,486

$8,536,486

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF funding for Mixed-use development is $8,536,486.

1


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Exhibit C

TIF Increment Allocation Policy Farmers Market TIF District November 21, 2013 It is important for the City of Dallas to encourage as many projects as possible and also allocate Farmers Market TIF District funds to Developers, based on the increment created by the Project (as defined below) and Related Projects/Developers (as defined below) within the District rather than on a first come first serve basis. Definitions: Project (TIF-eligible) - development or redevelopment that adds taxable real property value at a particular site or is a space or facility of public benefit such as open space, trails or cultural facilities. The Project has been approved for TIF funds and all requirements set forth in the development agreement have been completed. Developer – A person or entity that has completed all requirements for a TIF-eligible Project as set out in the fully executed development agreement for the Project. Related Project/Developer– if a Developer or a Developer’s affiliates (as defined in a development agreement) has other development or redevelopment projects in addition to a TIFeligible Project, increment from those Related Project(s) may be included in Individual Increment for reimbursement of the TIF-eligible Project expenses. These requirements will be further specified in a development agreement where applicable. Related Projects must create new taxable real property value for the District based on the following criteria: •

New development on previously vacant land or demolished structures.

Total Increment– the annual amount of increment deposited into the TIF fund from the participating jurisdictions. Individual Increment – the portion of the increment that a Project or Related Project creates each year. Net Individual Increment – Individual Increment less the Project’s and/or Related Project’s portion of Administrative Expenses each year. This portion will be based on the ratio of Individual Increment to Total Increment. Administrative Expenses – the City will take a share of TIF revenue from this District for the amount it bills to the District for costs necessary for administration of the TIF District program, which may include charges from other departments, each year. District-Wide Improvements – improvements that are not specific to a single development site such as gateways, trails, open space, public facilities, or utility/streetscape improvements benefiting multiple properties or blocks. Shared Increment – the Total Increment less (1) the portion of Administrative Expenses not already deducted from Individual Increment, (2) a set-aside for District-Wide Improvements if applicable, and (3) the sum of the Individual Increments of all eligible Developers. Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 1 of 3


Exhibit C

Available Cash - cash in the Farmers Market TIF District fund that is not already allocated, encumbered, or otherwise set aside for other purposes. Procedure: Annually, after the Total Increment has been deposited in the TIF fund, the fund will pay or set aside Administrative Expenses based on a ratio of Individual Increments and any remaining costs from unallocated increment in the TIF fund. After Administrative Expenses and any District-Wide Improvement allocation have been paid or set aside, Developers approved for TIF funding from the Farmers Market TIF District will be eligible to receive their Net Individual Increment. In addition to their Net Individual Increment, the Developers of the Dallas Farmers Market site will be eligible to receive a portion of any Shared Increment. The Shared Increment allotted to an eligible Developer shall be a ratio of an eligible Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for all Projects eligible for reimbursement for that year. Dallas Central Appraisal District (DCAD) certified values for each tax year will be the data source used to determine values for the increment allocation procedure. However, no increment allocation will be made unless a total Project or specific phase as defined in a development agreement is completed by May 1st of a given year. The Cityâ&#x20AC;&#x2122;s Director of Economic Development will make the final determination in applying future available revenues in the TIF Fund among Projects. District-Wide Improvement Set-Aside Once the pre-existing agreement with Perry Homes has been fully reimbursed, up to 20% of the total Increment may be set-aside for District-Wide improvements as determined by TIF Board on October 28, 2008. Accumulated District-Wide Improvement Set-Aside funds may be allocated by the Board for improvements that benefit the Farmers Market TIF District. Specific improvement projects are to be determined and the amount of this set aside will be reviewed annually based on updated financial projections and District needs. If there is future revenue from the parking, those funds will be allocated towards the DistrictWide Improvement Set-Aside. Pre-existing Agreements This Increment Allocation Policy does not affect the development agreement with Perry Homes for the Farmers Market Way Town Homes development. This Project shall be reimbursed according to the development agreement, which states that the Developer will be paid on first come first serve basis after paying administrative expenses. The Project will be reimbursed after meeting all terms of the development agreement. If the Project fails to meet the requirements, the agreement will be terminated and the TIF funds will be reallocated to the District-Wide Improvement Set-Aside.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 2 of 3


Exhibit C

The Farmers Market Square Project shall be reimbursed according to their development Agreement, which states that the Developer will be paid their own increment and a portion of the Shared Increment after the administrative expenses and District-Wide Improvement Set-Aside. Currently, there are sufficient Farmers Market TIF funds to fully reimburse the existing commitments (Perry Homes and Farmers Market Square Project) upon meeting all the terms of the development agreement. Farmers Market Redevelopment Project increment set-aside After the TIF subsidies due the developers with pre-existing development agreements have been paid, all TIF funds (other than those required to pay administrative expenses) that become available from (1) the Farmers Market Redevelopment Project Individual Increments and (2) those properties located within the boundaries of the Farmers Market TIF District as of March 27, 2013 (the Shared Increment), shall be paid to the Farmers Market Redevelopment Project Developer until said Developer has received the full amount that it is due under the TIF development agreements between said Developer and City and that no other person shall be entitled to receive any of the TIF funds available from such sources unless and until said Developer has received the full amount that it is due under its TIF development agreements with City. Notwithstanding the foregoing, said Developer understands that (1) it will not be entitled to receive any of the TIF funds which may become available from any future development in the Farmers Market TIF District, other than from (a) the Farmers Market Redevelopment Project and (b) those properties located within the boundaries of the Farmers Market TIF District as of the date of March 27, 2013, and (2) any future developments in the Farmers Market TIF District will be eligible to receive only the TIF increment generated by such future developments until such time as the Farmers Market Redevelopment Project Developer has received the full amount that it is due under its TIF development agreements with City. Notes: In general, the assignment of increment will be done annually, after each participating jurisdiction has deposited its annual increment into the TIF fund. Upon completion of a Project, developers are eligible to be reimbursed for TIF eligible expenditures from Available Cash currently in the TIF fund, if any. If the appraised value of the remaining property in the TIF District decreases in value despite new development and as additional TIF Projects are approved and completed, the TIF subsidy for Projects that year may be reduced or unpaid.Similarly, if the sum of (1) AdministrativeExpenses, (2) District-Wide Improvements, and (3) the sum of the Individual Increments is greater than the Total Increment, then the Individual Increments shall be allotted on a proportional basis based on the ratio of each Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for that year. If there is no revenue available after administrative expenses, there will be no increment payments that year. At its discretion, theFarmers Market TIF District TIF Board may make modifications or corrections to this Policy to increase its effectiveness.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 3 of 3


City of Dallas Tax Increment Finance Districts  Mixed Income Housing Guidelines  Adopted by the Farmers Market TIF Board on November 20, 2013 

TIF Program Purpose  The  purpose  of  the  City  of  Dallas’  TIF  program  is  to  promote  development  in  underutilized  and  vacant areas through the use of public investment to attract private investment. The goals for the  districts include improving the infrastructure within the districts and adding market rate apartments,  single  family  homes,  retail  and  commercial  space,  and  office  and  professional  space.  Promoting  housing for individuals and families at a variety of income levels is one of many policy considerations  for the districts.   General definitions  Mixed  income  housing  requires  a  minimum  of  20%  of  all  units  to  meet  affordable  housing  standards.   Affordable housing units are those which are affordable to a household earning 80% or less of  the median family income for the Dallas Area.  The  20%  affordability  requirement  applies  to  both  rental  units  and  to  units  that  are  for  sale.  Requirements  for  for‐sale  units  will  be  handled  on  a  case‐by‐case  basis.  These  guidelines  primarily pertain to rental housing.    Affordability period and rent rates   Rental units  must  be affordable for a  period of at  least fifteen years, beginning from  the  date  the project is complete per the development agreement.   Income  levels  and  maximum  rent  will  vary  each  year  and  are  based  on  HUD’s  calculations  for  Area  Median  Income  (AMI),  utility  expenses,  and  Market  Rent  for  the  Dallas  Area.  Maximum  rents  are  set  each  year  at  30%  of  80%  of  AMI,  including  a  utility  allowance.  Information  pertaining to the maximum affordable rent and income levels that are currently in effect can be  obtained from the Office of Economic Development.  Affordable units  A minimum of 20% of all occupied units shall be rented to qualifying households.  The developer may choose to offer any available unit to qualifying households. The TIF program  does not require that specific units or unit types be set aside for qualifying households. The 20%  total requirement thus may be satisfied by any combination of units and need not apply to units  of all sizes.   Page 1 of 3

Exhibit D


Affordable units shall be comparable in size and finish quality to market rate units and shall be  dispersed  throughout  the  development.  Affordable  units  shall  not  be  segregated  into  a  particular section of the development and shall be a minimum of 500 square feet.  Qualifying households  A qualifying household is defined as a household making 80% or less of the Area Median Income.   Developers may include wages, salaries, tips, commissions, social security income, etc. to certify  a household’s income. The method used to determine income should be the same for qualifying  and market rate households.   Lease terms  Households that qualify at the beginning of a lease will be assumed to qualify for the entirety of  the term of that lease. Recertification is therefore only necessary during lease renewal.   At the end of the lease, the new lease rates will be set based on the household’s current income  at the time of renewal.  Once a household qualifies as an affordable household, subsequent increases in the household  income  will  not  disqualify  the  household  until  the  household’s  income  exceeds  140%  of  the  allowed maximum qualifying income. If the household no longer qualifies for an affordable unit,  the  lease  may  be  renewed  at  market  rate  and  another  unit  made  available  for  a  qualifying  household in order to maintain the 20% affordability requirement.   Fees and leasing requirements  In general, all leasing requirements and all fees, utility charges, assessments, fines, etc. charged by  the  apartment  community  must  be  applied  uniformly  to  qualifying  households  and  market  rate  households, with the exception that the developer may choose to waive or reduce fees for qualifying  households and the developer may choose to set specific lease lengths for affordable units.   Reporting Requirements  Adequate reporting by developer, owner, or property manager shall be required to ensure that the  City  can  appropriately  monitor  compliance  with  the  policy.  Projects  receiving  affordable  housing  funding under federal or state programs may choose to submit copies of compliance reports specific  to  the  federal  or  state  program  in  lieu  of  the  TIF  program  report.  Specific  reporting  requirements  will be updated as necessary.   Compliance  The developer assumes all liability for compliance with these requirements and with all applicable  laws.  By  participating  in  the  City’s  TIF  program,  the  developer  agrees  to  report  all  information 

Page 2 of 3

Exhibit D


accurately and  on  time.  At  the  City’s  request,  the  developer  agrees  to  produce  necessary  documentation for determining full compliance with this program.   The  affordability  period  shall  be  extended  by  six  months  for  any  number  of  units  by  which  the  affordable housing provided during a semi‐annual period falls short of the number of units required  to  meet  the  affordable  housing  requirements.  Noncompliance  may  result  in  termination  of  the  development  agreement,  a  reduction  in  TIF  reimbursement,  or  other  action  as  determined  by  the  Office o f Economic Development.   Request for waiver or minor modification of these requirements shall be submitted to the Office of  Economic Development and will  be negotiated on a project  by project basis  with the City and the  County.   The City may consider retainage of a percentage of TIF funding to ensure that in the event that the  property is sold prior to the end of the 15 year compliance period, all successors and assigns will be  required to provide affordable housing for the remainder of the affordability period.   Alternative Methods  A  developer  may  propose  alternative  methods  of  meeting  the  requirements  which  provide  affordable housing in a comparable location within or adjacent to the TIF district. Examples include a  Low  Income  Housing  Tax  Credit  (LIHTC)  project  that  provides  a  significant  amount  of  affordable  housing in a single time period, a land trust that provides for for‐sale affordable units, a partnership  with a non‐profit provider of affordable housing, or provision of special needs housing. All proposed  alternative methods will be considered on a case by case basis and must be approved by both the  City and Dallas County.   AFHMP  An  affirmative  fair  housing  marketing  plan  is  required  for  all  housing  projects  supported  with  TIF  funding. This requirement is detailed in each project’s development agreement. Each project will be  evaluated individually to ensure that it furthers affirmative fair housing goals.   Effective Date  This policy is effective in each district as of the date it is approved by that district’s TIF board. The  policy applies to developments with first occupancy on October 1, 2011 or later.   Policy Modifications  As  needed,  the  City  may  make  modifications  or  corrections  to  this  policy  to  increase  its  effectiveness. Where these guidelines conflict with a district’s Final Plan, the Final Plan shall rule, as  determined by the Director of the Office of Economic Development. 

Page 3 of 3

Exhibit D


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council authorized amendments to the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, the City Council approved the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./ or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331; and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan, the City desires to reimburse DFM Developer, Ltd. for the costs of the Shed 3 and 4 Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes. Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the Shed 3 and Shed 4 Project. The following is a general functional description of the Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description TIF Grant High density development and public parking, as shown in Exhibit A

Debt To Be Issued Not to exceed $8,536,486

Section 3. That the total Farmers Market TIF District participation in the Mixed-use development/Shed 3 and Shed 4 Project is in the form of a TIF Grant for high density development and public parking and other public improvements association with the Farmers Market Phase II shall not exceed an amount of $8,536,486 all in accordance with the terms of the said development agreement. Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Farmers Market TIF Fund and/or Tax Increment Bonds. Any funds expended under the development agreement that remain unpaid upon termination of the Farmers Market TIF, due to lack or unavailability of Farmers Market TIF Funds shall no longer be considered project costs of the Farmers Market TIF District or the City to pay the DFM Developer, Ltd., shall automatically expire. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II Mixed-use Development/Shed 3 and Shed 4 Project Cost Estimates

Description Farmers Market TIF Grant: High density development and public parking

Amount

TIF Request

$8,536,486

$8,536,486

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF funding for Mixed-use development is $8,536,486.

1


AGENDA ITEMS # 60,61 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 Q 45 R ________________________________________________________________

SUBJECT Farmers Market Redevelopment, Phase II *

Authorize (1) a development agreement with Taylor Street 2111, LP, to provide funding for the 2101 and 2111 Taylor Street Project as part of the Farmers Market Redevelopment, Phase II located in Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District); and (2) the Farmers Market TIF District Board of Directors to dedicate up to $3,553,480 from Farmers Market TIF revenues in accordance with the development agreement - Not to exceed $3,553,480 Financing: Farmers Market TIF District Funds

*

A resolution declaring the intent of Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District), to reimburse Taylor Street 2111, LP, in an amount not to exceed $3,553,480 for certain improvements related to the 2101 and 2111 Taylor Street Project of the Farmers Market Redevelopment, Phase II in the Farmers Market TIF District - Financing: No cost consideration to the City

BACKGROUND On February 27, 2013, City Council authorized a Master Agreement for the redevelopment of the Dallas Farmers Market with DFM Developer, Ltd., (Brian Bergersen, Owner/Developer), which outlined a redevelopment plan for the Dallas Farmers Market. The approved Master Agreement redevelopment plan provides for: (1) the lease of Shed 1 for renovation and operation as a marketplace for local farmers and farm merchants and vendors to sell produce and other farm-related products; (2) the sale of Shed 2 for renovation for use by restaurants, specialty food vendors, other retail vendors, and a beer garden; (3) the sale of Sheds 3 and 4 for the development of retail, residential, and parking uses (including public parking for the market); (4) the sale of the auxiliary/administration building for its renovation for use as a culinary learning center, production studio, market administration office, retail leasing office, and retail; and (5) the sale of the remote parking area for redevelopment for outdoor activities, specifically a community garden and futsal fields.


BACKGROUND (Continued) The development agreement under consideration is part of the Farmers Market Redevelopment Phase II for the 2101 and 2111 Taylor Street Project will include approximately 25,000 square feet of commercial restaurant / retail, plus 60 residential units and 60 parking spaces. The Farmers Market TIF funding in the form of TIF Grant is requested for high density development and public parking. The designs for the project are reviewed and approved by the Dallas Design Studio and Peer Review Committee. Separate Council Items under consideration on this agenda – TIF Agreements: Total TIF funding allocated for all the Projects in the Farmers Market Redevelopment Phase II is in an amount not to exceed $13,335,331. Shed 1 Project: Existing Shed 1 is approximately 20,000 square feet of local farmer’s stall space. Shed 1 will be completely renovated to meet the farmer’s needs. The new design will remove vehicular access from the shed and create pedestrian walkways and a display area in the shed. Improvements include public parking along Taylor Street and Pearl Street, pedestrian protection from vehicles and enhanced streetscape. A truck staging area will be located along Farmers Way Street. The streetscape will be enhanced along the two streets (Farmers Way and Pearl Street). The TIF funding request for the Shed 1 is in an amount not to exceed $300,000. Shed 2 Project: The existing Shed 2 of approximately 28,000 square feet, will be renovated to showcase a variety of Dallas based restaurants and specialty food vendors. The improvements also include construction of a public “beer garden” located at the Southeast corner of Harwood Street and Marilla Street. The TIF funding request for the Shed 1 is in an amount not to exceed $355,477. Mixed-use development/Shed 3 and Shed 4 Project: Shed 3 & 4 will be demolished and the space will be turned into a mixed-use development. A new building will be constructed with approximately 240 apartments (200,000 square feet for residential use) in 5-6 stories of wood frame and concrete frame construction, plus ground floor retail of approximately 16,000 square feet. This building will include 544 parking spaces (300 city owned public parking spaces and 244 private parking spaces. The TIF funding request for the mixed-use development is in an amount not to exceed $8,536,486. Futsal Project: The existing site of approximately 1.8 acres of remote parking space will be redeveloped to create futsal fields, a fitness track and a community garden.

Agenda Date 12/11/2013 -page 2


BACKGROUND (Continued) The improvements include three futsal fields, walking/jogging trail, aluminum bleacher seating, lighting, restrooms and storage. A portion of the area will be converted to a community garden. The TIF funding request for the Futsal Project is in an amount not to exceed $589,888. ESTIMATED SCHEDULE OF 2101 AND 2111 TAYLOR STREET PROJECT Begin Construction Work Complete Construction Work

April 2015 December 2016

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, Farmers Market TIF District by Ordinance No. 23521, as amended. On August 25, 1999, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Farmers Market TIF District by Ordinance No. 24001, as amended. On February 27, 2013, by Resolution No. 13-0447, the City Council authorized a Master Agreement for the Redevelopment of the Dallas Farmers Market with DFM Developer, Ltd. On March 27, 2013, by Ordinance No. 28951, the City Council authorized amendments to the Farmers Market TIF Project and Financing Plan, including the expansion of the geographic boundaries of the TIF district to include the Dallas Farmers Market property. On March 27, 2013, by Resolution No. 13-0535, the City Council authorized the City Manager to execute a 30-year lease agreement, with two, five-year renewal options, for the Dallas Farmers Market Shed 1. On June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156. On November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize the development agreements with DFM Developer, Ltd./ or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331.

Agenda Date 12/11/2013 -page 3


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On December 2, 2013, the Economic Development Committee was briefed on the proposed Farmers Market Redevelopment, Phase II. FISCAL INFORMATION $3,553,480 - Farmers Market TIF District Funds OWNER

DEVELOPER

Taylor Street 2111, LP

Taylor Street 2111, LP

Brian Bergersen Owner/Developer

Brian Bergersen Owner/Developer

MAP Attached.

Agenda Date 12/11/2013 -page 4


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COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council authorized amendments to the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./ or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331; and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan and Reinvestment Zone Financing Plan, the City desires to reimburse Taylor Street 2111, LP, for the costs of the 2101 and 2111 Taylor Street Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That the City Manager upon approval as to form by the City Attorney's Office, is hereby authorized to execute a development agreement between Taylor Street 2111, LP, and that future Farmers Market TIF revenues in an amount not to exceed $3,553,480 are hereby dedicated to TIF-eligible project costs associated with the Futsal Project, shown in the TIF funded 2101 and 2111 Taylor Street Project budget, attached hereto as Exhibit A, as part of the implementation of the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan. Section 2. That the facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 3. That the City Controller is authorized to encumber and disburse funds from future tax increments and subject to future appropriations from: Farmers Market TIF District Fund Fund 0036, Department ECO, Unit P847, Activity TFFM, Object 3016, Program No. FMTIF0010, CT ECOP847B252, Vendor No. VS0000082181 in an amount not exceed $3,553,480; and Total amount not to exceed $3,553,480 for the 2101 and 2111 Taylor Street Project. Section 4. That Taylor Street 2111, LP, shall fund the TIF-eligible costs of the 2101 and 2111 Taylor Street Project and Taylor Street 2111, LP will be reimbursed (in an amount not to exceed $3,553,480) solely from the Farmers Market TIF District Funds in accordance with the terms of the development agreement described in hereof, but only to the extent such Farmers Market TIF District funds are available for such purpose. Section 5. That nothing in this resolution shall be construed to require the City to approve funding from any source of City funds other than the Farmers Market TIF District funds. Any funds expended by Taylor Street 2111, LP, under the development agreement, that have not been paid, due to lack of or unavailability of Farmers Market TIF District funds shall no longer be considered project costs of the Farmers Market TIF District, and the obligation of the Farmers Market TIF District or the City to reimburse DFM Developer, Ltd., shall automatically expire. Section 6. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed by the Developer or occur:


COUNCIL CHAMBER

December 11, 2013 Section 6. (Continued) a. b. c. d.

e.

f.

g.

h.

i.

Pull a building permit by April 1, 2015; Build structure containing a minimum 60 residential units and 25,000 square feet of commercial space; Invest a minimum of $17,800,000 for Taylor Street project by December 31, 2016; Complete the public improvements associated with the Taylor Street Project and obtain a final certificate of acceptance issued by the City by December 31, 2016; Execute an operating and maintenance agreement for the “non-standard public improvements” in the public right-of-way associated with the Taylor Street Project by December 31, 2016. For purposes of this Agreement, “non-standard public improvements” means improvements which exceed City’s standard design requirements as determined by City’s Department of Public Works as agreed by Owner, but does not include any standard paved roadways or below grade improvements, such as water, storm water, sanitary sewer or other standard utility. The Owner will be required to maintain the non-standard improvements under the operating and maintenance agreement from the time of their completion through October 1, 2035; Comply with all the City’s M/WBE Fair Share policies with a goal of thirty percent (30%) participation for the TIF eligible public improvement project construction and for the private improvement construction with a participation goal in an amount of 10% of total private construction cost (this amount is based on the total proportion of TIF financial participation in the project) and meet all reporting and procedural requirements; Submit quarterly (once in every three months, starting from the construction start date) project status reports to the Office of Economic Development Staff beginning from July 31, 2015; Market the residential units pursuant to an affirmative fair housing marketing plan approved by the City from the time of their completion through December 31, 203 1; Conform to the Mixed Income Housing Requirements (Exhibit D): The funding for the project is based on meeting the affordable housing requirement of 20% of all units meeting the affordability requirements at 80% or less of the median family income for the Dallas area for a period of fifteen years from CO date;and Construct public and private improvements that conform in design and materials shown in renderings approved by Office of Economic Development staff, City of Dallas Design Studio and Peer Review Committee (Exhibit B, Plan & Conceptual Renderings), subject to zoning changes, if any. Minor modifications can be approved by the Dallas Design Studio, if needed.


COUNCIL CHAMBER

December 11, 2013 Section 7. That TIF funds, in an amount not to exceed $3,553,480, will begin to be reimbursed upon completion of the 2101 and 2111 Taylor Street Project obligations (above required elements) and subject to terms of the Farmers Market TIF Increment Allocation Policy, attached hereto as Exhibit C. Section 8. That the Director of Office of Economic Development, after approval and recommendation of the Farmers Market TIF District Board of Directors, may authorize an extension of the project completion deadlines up to 6 months. Section 9. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II 2101 and 2111 Taylor Street Development Cost Estimates

Description TIF Grant for high density development

Amount

$3,553,480

TIF Request

$3,553,480

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF funding for the 2101 and 2011 Taylor Street development is $3,553,480

1


Exhibit B

54'

- 0"

30'

- 0"

39' - 5 1/4"

30'

- 0" 30'

- 0" 30'

- 0"

- 0"

30' - 0"

30'

20'

RAMP DN

-6

1/2 "

10

'-8

1/2 "

30' - 0"

30

LOADING 1679 SF

RESTAURANT 16133 SF

'-0 "

30

'-0 "

30' - 0"

30

'-0 "

58

RETAIL 9267 SF

1/2 "

RAMP BELOW

MECH 308 SF

3"

RAMP DN

19' - 0"

23' - 0"

LOBBY 1202 SF

'-2

3"

19' - 0"

23' - 0"

41' - 0"

30' - 0"

30' - 0"

30' - 0"

30' - 0"

8

30' - 0"

30' - 0"

86' - 2"

11

GROUND LEVEL: 33,549 SF 0'

07.12.2013

DALLAS FARMERS MARKET • MARILLA TRIANGLE APARTMENTS SPECTRUM PROPERTIES A0.3

Author

7/12/2013 11:19:03 AM

J:\2013\P2013020-Dallas Farmers Market Apatments\Dallas Farmers Markets.rvt

FIRST FLOOR PLAN

16'

32'

2013020

ARCHIDEAS $UFKLWHFWXUH ,QWHULRUV 3ODQQLQJ


Exhibit B

07.12.2013

DALLAS FARMERS MARKET • MARILLA TRIANGLE APARTMENTS

3D VIEW - CORNER OF TAYLOR STREET AND PEARL

SPECTRUM PROPERTIES A0.6

Author

7/12/2013 11:19:15 AM

J:\2013\P2013020-Dallas Farmers Market Apatments\Dallas Farmers Markets.rvt

2013020

ARCHIDEAS $UFKLWHFWXUH ,QWHULRUV 3ODQQLQJ


07.12.2013

DALLAS FARMERS MARKET • MARILLA TRIANGLE APARTMENTS

3D VIEW - LOOKING TOWARD DOWNTOWN DALLAS

SPECTRUM PROPERTIES A0.10

Author

7/12/2013 11:19:39 AM

J:\2013\P2013020-Dallas Farmers Market Apatments\Dallas Farmers Markets.rvt

2013020

ARCHIDEAS $UFKLWHFWXUH ,QWHULRUV 3ODQQLQJ


Exhibit B

T/ PARAPET 57' - 6" ROOF 53' - 6" LEVEL 04 41' - 6" LEVEL 03 29' - 6" LEVEL 02 17' - 6" GROUND LEVEL 0' - 0" LOWER LEVEL -11' - 6"

WEST ELEVATION

NORTH ELEVATION

SOUTH ELEVATION 0'

07.12.2013

DALLAS FARMERS MARKET • MARILLA TRIANGLE APARTMENTS SPECTRUM PROPERTIES A0.5

Author

7/12/2013 11:19:10 AM

J:\2013\P2013020-Dallas Farmers Market Apatments\Dallas Farmers Markets.rvt

ELEVATIONS

16'

32'

2013020

ARCHIDEAS $UFKLWHFWXUH ,QWHULRUV 3ODQQLQJ


Exhibit C

TIF Increment Allocation Policy Farmers Market TIF District November 21, 2013 It is important for the City of Dallas to encourage as many projects as possible and also allocate Farmers Market TIF District funds to Developers, based on the increment created by the Project (as defined below) and Related Projects/Developers (as defined below) within the District rather than on a first come first serve basis. Definitions: Project (TIF-eligible) - development or redevelopment that adds taxable real property value at a particular site or is a space or facility of public benefit such as open space, trails or cultural facilities. The Project has been approved for TIF funds and all requirements set forth in the development agreement have been completed. Developer – A person or entity that has completed all requirements for a TIF-eligible Project as set out in the fully executed development agreement for the Project. Related Project/Developer– if a Developer or a Developer’s affiliates (as defined in a development agreement) has other development or redevelopment projects in addition to a TIFeligible Project, increment from those Related Project(s) may be included in Individual Increment for reimbursement of the TIF-eligible Project expenses. These requirements will be further specified in a development agreement where applicable. Related Projects must create new taxable real property value for the District based on the following criteria: •

New development on previously vacant land or demolished structures.

Total Increment– the annual amount of increment deposited into the TIF fund from the participating jurisdictions. Individual Increment – the portion of the increment that a Project or Related Project creates each year. Net Individual Increment – Individual Increment less the Project’s and/or Related Project’s portion of Administrative Expenses each year. This portion will be based on the ratio of Individual Increment to Total Increment. Administrative Expenses – the City will take a share of TIF revenue from this District for the amount it bills to the District for costs necessary for administration of the TIF District program, which may include charges from other departments, each year. District-Wide Improvements – improvements that are not specific to a single development site such as gateways, trails, open space, public facilities, or utility/streetscape improvements benefiting multiple properties or blocks. Shared Increment – the Total Increment less (1) the portion of Administrative Expenses not already deducted from Individual Increment, (2) a set-aside for District-Wide Improvements if applicable, and (3) the sum of the Individual Increments of all eligible Developers. Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 1 of 3


Exhibit C

Available Cash - cash in the Farmers Market TIF District fund that is not already allocated, encumbered, or otherwise set aside for other purposes. Procedure: Annually, after the Total Increment has been deposited in the TIF fund, the fund will pay or set aside Administrative Expenses based on a ratio of Individual Increments and any remaining costs from unallocated increment in the TIF fund. After Administrative Expenses and any District-Wide Improvement allocation have been paid or set aside, Developers approved for TIF funding from the Farmers Market TIF District will be eligible to receive their Net Individual Increment. In addition to their Net Individual Increment, the Developers of the Dallas Farmers Market site will be eligible to receive a portion of any Shared Increment. The Shared Increment allotted to an eligible Developer shall be a ratio of an eligible Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for all Projects eligible for reimbursement for that year. Dallas Central Appraisal District (DCAD) certified values for each tax year will be the data source used to determine values for the increment allocation procedure. However, no increment allocation will be made unless a total Project or specific phase as defined in a development agreement is completed by May 1st of a given year. The Cityâ&#x20AC;&#x2122;s Director of Economic Development will make the final determination in applying future available revenues in the TIF Fund among Projects. District-Wide Improvement Set-Aside Once the pre-existing agreement with Perry Homes has been fully reimbursed, up to 20% of the total Increment may be set-aside for District-Wide improvements as determined by TIF Board on October 28, 2008. Accumulated District-Wide Improvement Set-Aside funds may be allocated by the Board for improvements that benefit the Farmers Market TIF District. Specific improvement projects are to be determined and the amount of this set aside will be reviewed annually based on updated financial projections and District needs. If there is future revenue from the parking, those funds will be allocated towards the DistrictWide Improvement Set-Aside. Pre-existing Agreements This Increment Allocation Policy does not affect the development agreement with Perry Homes for the Farmers Market Way Town Homes development. This Project shall be reimbursed according to the development agreement, which states that the Developer will be paid on first come first serve basis after paying administrative expenses. The Project will be reimbursed after meeting all terms of the development agreement. If the Project fails to meet the requirements, the agreement will be terminated and the TIF funds will be reallocated to the District-Wide Improvement Set-Aside.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 2 of 3


Exhibit C

The Farmers Market Square Project shall be reimbursed according to their development Agreement, which states that the Developer will be paid their own increment and a portion of the Shared Increment after the administrative expenses and District-Wide Improvement Set-Aside. Currently, there are sufficient Farmers Market TIF funds to fully reimburse the existing commitments (Perry Homes and Farmers Market Square Project) upon meeting all the terms of the development agreement. Farmers Market Redevelopment Project increment set-aside After the TIF subsidies due the developers with pre-existing development agreements have been paid, all TIF funds (other than those required to pay administrative expenses) that become available from (1) the Farmers Market Redevelopment Project Individual Increments and (2) those properties located within the boundaries of the Farmers Market TIF District as of March 27, 2013 (the Shared Increment), shall be paid to the Farmers Market Redevelopment Project Developer until said Developer has received the full amount that it is due under the TIF development agreements between said Developer and City and that no other person shall be entitled to receive any of the TIF funds available from such sources unless and until said Developer has received the full amount that it is due under its TIF development agreements with City. Notwithstanding the foregoing, said Developer understands that (1) it will not be entitled to receive any of the TIF funds which may become available from any future development in the Farmers Market TIF District, other than from (a) the Farmers Market Redevelopment Project and (b) those properties located within the boundaries of the Farmers Market TIF District as of the date of March 27, 2013, and (2) any future developments in the Farmers Market TIF District will be eligible to receive only the TIF increment generated by such future developments until such time as the Farmers Market Redevelopment Project Developer has received the full amount that it is due under its TIF development agreements with City. Notes: In general, the assignment of increment will be done annually, after each participating jurisdiction has deposited its annual increment into the TIF fund. Upon completion of a Project, developers are eligible to be reimbursed for TIF eligible expenditures from Available Cash currently in the TIF fund, if any. If the appraised value of the remaining property in the TIF District decreases in value despite new development and as additional TIF Projects are approved and completed, the TIF subsidy for Projects that year may be reduced or unpaid.Similarly, if the sum of (1) AdministrativeExpenses, (2) District-Wide Improvements, and (3) the sum of the Individual Increments is greater than the Total Increment, then the Individual Increments shall be allotted on a proportional basis based on the ratio of each Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for that year. If there is no revenue available after administrative expenses, there will be no increment payments that year. At its discretion, theFarmers Market TIF District TIF Board may make modifications or corrections to this Policy to increase its effectiveness.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 3 of 3


City of Dallas Tax Increment Finance Districts  Mixed Income Housing Guidelines  Adopted by the Farmers Market TIF Board on November 20, 2013 

TIF Program Purpose  The  purpose  of  the  City  of  Dallas’  TIF  program  is  to  promote  development  in  underutilized  and  vacant areas through the use of public investment to attract private investment. The goals for the  districts include improving the infrastructure within the districts and adding market rate apartments,  single  family  homes,  retail  and  commercial  space,  and  office  and  professional  space.  Promoting  housing for individuals and families at a variety of income levels is one of many policy considerations  for the districts.   General definitions  Mixed  income  housing  requires  a  minimum  of  20%  of  all  units  to  meet  affordable  housing  standards.   Affordable housing units are those which are affordable to a household earning 80% or less of  the median family income for the Dallas Area.  The  20%  affordability  requirement  applies  to  both  rental  units  and  to  units  that  are  for  sale.  Requirements  for  for‐sale  units  will  be  handled  on  a  case‐by‐case  basis.  These  guidelines  primarily pertain to rental housing.    Affordability period and rent rates   Rental units  must  be affordable for a  period of at  least fifteen years, beginning from  the  date  the project is complete per the development agreement.   Income  levels  and  maximum  rent  will  vary  each  year  and  are  based  on  HUD’s  calculations  for  Area  Median  Income  (AMI),  utility  expenses,  and  Market  Rent  for  the  Dallas  Area.  Maximum  rents  are  set  each  year  at  30%  of  80%  of  AMI,  including  a  utility  allowance.  Information  pertaining to the maximum affordable rent and income levels that are currently in effect can be  obtained from the Office of Economic Development.  Affordable units  A minimum of 20% of all occupied units shall be rented to qualifying households.  The developer may choose to offer any available unit to qualifying households. The TIF program  does not require that specific units or unit types be set aside for qualifying households. The 20%  total requirement thus may be satisfied by any combination of units and need not apply to units  of all sizes.   Page 1 of 3

Exhibit D


Affordable units shall be comparable in size and finish quality to market rate units and shall be  dispersed  throughout  the  development.  Affordable  units  shall  not  be  segregated  into  a  particular section of the development and shall be a minimum of 500 square feet.  Qualifying households  A qualifying household is defined as a household making 80% or less of the Area Median Income.   Developers may include wages, salaries, tips, commissions, social security income, etc. to certify  a household’s income. The method used to determine income should be the same for qualifying  and market rate households.   Lease terms  Households that qualify at the beginning of a lease will be assumed to qualify for the entirety of  the term of that lease. Recertification is therefore only necessary during lease renewal.   At the end of the lease, the new lease rates will be set based on the household’s current income  at the time of renewal.  Once a household qualifies as an affordable household, subsequent increases in the household  income  will  not  disqualify  the  household  until  the  household’s  income  exceeds  140%  of  the  allowed maximum qualifying income. If the household no longer qualifies for an affordable unit,  the  lease  may  be  renewed  at  market  rate  and  another  unit  made  available  for  a  qualifying  household in order to maintain the 20% affordability requirement.   Fees and leasing requirements  In general, all leasing requirements and all fees, utility charges, assessments, fines, etc. charged by  the  apartment  community  must  be  applied  uniformly  to  qualifying  households  and  market  rate  households, with the exception that the developer may choose to waive or reduce fees for qualifying  households and the developer may choose to set specific lease lengths for affordable units.   Reporting Requirements  Adequate reporting by developer, owner, or property manager shall be required to ensure that the  City  can  appropriately  monitor  compliance  with  the  policy.  Projects  receiving  affordable  housing  funding under federal or state programs may choose to submit copies of compliance reports specific  to  the  federal  or  state  program  in  lieu  of  the  TIF  program  report.  Specific  reporting  requirements  will be updated as necessary.   Compliance  The developer assumes all liability for compliance with these requirements and with all applicable  laws.  By  participating  in  the  City’s  TIF  program,  the  developer  agrees  to  report  all  information 

Page 2 of 3

Exhibit D


accurately and  on  time.  At  the  City’s  request,  the  developer  agrees  to  produce  necessary  documentation for determining full compliance with this program.   The  affordability  period  shall  be  extended  by  six  months  for  any  number  of  units  by  which  the  affordable housing provided during a semi‐annual period falls short of the number of units required  to  meet  the  affordable  housing  requirements.  Noncompliance  may  result  in  termination  of  the  development  agreement,  a  reduction  in  TIF  reimbursement,  or  other  action  as  determined  by  the  Office o f Economic Development.   Request for waiver or minor modification of these requirements shall be submitted to the Office of  Economic Development and will  be negotiated on a project  by project basis  with the City and the  County.   The City may consider retainage of a percentage of TIF funding to ensure that in the event that the  property is sold prior to the end of the 15 year compliance period, all successors and assigns will be  required to provide affordable housing for the remainder of the affordability period.   Alternative Methods  A  developer  may  propose  alternative  methods  of  meeting  the  requirements  which  provide  affordable housing in a comparable location within or adjacent to the TIF district. Examples include a  Low  Income  Housing  Tax  Credit  (LIHTC)  project  that  provides  a  significant  amount  of  affordable  housing in a single time period, a land trust that provides for for‐sale affordable units, a partnership  with a non‐profit provider of affordable housing, or provision of special needs housing. All proposed  alternative methods will be considered on a case by case basis and must be approved by both the  City and Dallas County.   AFHMP  An  affirmative  fair  housing  marketing  plan  is  required  for  all  housing  projects  supported  with  TIF  funding. This requirement is detailed in each project’s development agreement. Each project will be  evaluated individually to ensure that it furthers affirmative fair housing goals.   Effective Date  This policy is effective in each district as of the date it is approved by that district’s TIF board. The  policy applies to developments with first occupancy on October 1, 2011 or later.   Policy Modifications  As  needed,  the  City  may  make  modifications  or  corrections  to  this  policy  to  increase  its  effectiveness. Where these guidelines conflict with a district’s Final Plan, the Final Plan shall rule, as  determined by the Director of the Office of Economic Development. 

Page 3 of 3

Exhibit D


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council authorized amendments to the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./ or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331; and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan and Reinvestment Zone Financing Plan, the City desires to reimburse Taylor Street 2111, LP, for the costs of the 2101 and 2111 Taylor Street Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes. Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the 2101 and 2111 Taylor Street Project. The following is a general functional description of the 2101 and 2111 Taylor Street Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description TIF Grant High density development and public parking, as shown in Exhibit A

Debt To Be Issued Not to exceed $3,553,480

Section 3. That the total Farmers Market TIF District participation in the 2101 and 2111 Taylor Street Project development is in the form of a TIF Grant for high density development and other public improvements associated with the Farmers Market Phase II shall not exceed an amount of $3,553,480 all in accordance with the terms of the said development agreement. Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Farmers Market TIF Fund and/or Tax Increment Bonds. Any funds expended under the development agreement that remain unpaid upon termination of the Farmers Market TIF, due to lack or unavailability of Farmers Market TIF Funds shall no longer be considered project costs of the Farmers Market TIF District or the City to pay the Taylor Street 2111, LP, shall automatically expire. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II 2101 and 2111 Taylor Street Development Cost Estimates

Description TIF Grant for high density development

Amount

$3,553,480

TIF Request

$3,553,480

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF funding for the 2101 and 2011 Taylor Street development is $3,553,480

1


AGENDA ITEMS # 62,63 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 Q 45 R ________________________________________________________________

SUBJECT Farmers Market Redevelopment, Phase II *

Authorize (1) a development agreement with FM Futsal, Ltd., to provide funding for the Futsal Project as part of the Farmers Market Redevelopment, Phase II located in Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District); and (2) the Farmers Market TIF District Board of Directors to dedicate up to $589,888 from Farmers Market TIF revenues in accordance with the development agreement - Not to exceed $589,888 - Financing: Farmers Market TIF District Funds

*

A resolution declaring the intent of Tax Increment Financing Reinvestment Zone Number Six (Farmers Market TIF District), to reimburse FM Futsal, Ltd., in an amount not to exceed $589,888 for certain improvements related to the Futsal Project of the Farmers Market Redevelopment, Phase II in the Farmers Market TIF District - Financing: No cost consideration to the City

BACKGROUND On February 27, 2013, City Council authorized a Master Agreement for the redevelopment of the Dallas Farmers Market with DFM Developer, Ltd., (Brian Bergersen, Owner/Developer), which outlined a redevelopment plan for the Dallas Farmers Market. The approved Master Agreement redevelopment plan provides for: (1) the lease of Shed 1 for renovation and operation as a marketplace for local farmers and farm merchants and vendors to sell produce and other farm-related products; (2) the sale of Shed 2 for renovation for use by restaurants, specialty food vendors, other retail vendors, and a beer garden; (3) the sale of Sheds 3 and 4 for the development of retail, residential, and parking uses (including public parking for the market); (4) the sale of the auxiliary/administration building for its renovation for use as a culinary learning center, production studio, market administration office, retail leasing office, and retail; and (5) the sale of the remote parking area for redevelopment for outdoor activities, specifically a community garden and futsal fields.


BACKGROUND (Continued) The development agreement under consideration is part of the Farmers Market Redevelopment Phase II for the Futsal Project. The existing site of approximately 1.8 acres of remote parking space will be redeveloped to create futsal fields, a fitness track and a community garden. The improvements include three futsal fields, walking/jogging trail, aluminum bleacher seating, lighting, restrooms and storage. A portion of the area will be converted to a community garden. The Farmers Market TIF funding for construction and improvements related to the Futsal Project. The designs for the project are reviewed and approved by the Dallas Design Studio and Peer Review Committee. Separate Council Items under consideration on this agenda – TIF Agreements: Shed 1 Project: Existing Shed 1 is approximately 20,000 square feet of local farmer’s stall space. Shed 1 will be completely renovated to meet the farmer’s needs. The new design will remove vehicular access from the shed and create pedestrian walkways and a display area in the shed. Improvements include public parking along Taylor Street and Pearl Street, pedestrian protection from vehicles and enhanced streetscape. A truck staging area will be located along Farmers Way. The streetscape will be enhanced along the two streets (Farmers Way and Pearl Street). The TIF funding request for the Shed 1 is in an amount not to exceed $300,000. Shed 2 Project: The existing Shed 2 of approximately 28,000 square feet, will be renovated to showcase a variety of Dallas based restaurants and specialty food vendors. The improvements also include construction of a public “beer garden” located at the Southeast corner of Harwood Street and Marilla Street. The TIF funding request for the Shed 1 is in an amount not to exceed $355,477. Mixed-use development/Shed 3 and Shed 4 Project: Shed 3 & 4 will be demolished and the space will be turned into a mixed-use development. A new building will be constructed with approximately 240 apartments (200,000 square feet for residential use) in 5-6 stories of wood frame and concrete frame construction, plus ground floor retail of approximately 16,000 square feet. This building will include 544 parking spaces (300 city owned public parking spaces and 244 private parking spaces. The TIF funding request for the mixed-use development is in an amount not to exceed $8,536,486.

Agenda Date 12/11/2013 -page 2


BACKGROUND (Continued) 2101 and 2111 Taylor Street Project: The improvements to 2101 and 2111 Taylor Street will include approximately 25,000 square feet of commercial restaurant / retail, plus 60 residential units and 60 parking spaces. The TIF funding request for the Taylor Street development is in an amount not to exceed $3,553,480. ESTIMATED SCHEDULE OF FUTSAL PROJECT Begin Construction Work Complete Construction

April 2015 December 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, Farmers Market TIF District by Ordinance No. 23521, as amended. On August 25, 1999, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Farmers Market TIF District by Ordinance No. 24001, as amended. On February 27, 2013, by Resolution No. 13-0447, the City Council authorized a Master Agreement for the Redevelopment of the Dallas Farmers Market with DFM Developer, Ltd. On March 27, 2013, by Ordinance No. 28951, the City Council authorized amendments to the Farmers Market TIF Project and Financing Plan, including the expansion of the geographic boundaries of the TIF district to include the Dallas Farmers Market property. On March 27, 2013, by Resolution No. 13-0539, the City Council authorized the City Manager to sell the Dallas Farmers Market remote parking area. On June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156. On November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./ or its affiliate, and authority to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331.

Agenda Date 12/11/2013 -page 3


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On December 2, 2013, the Economic Development Committee was briefed on the proposed Farmers Market Redevelopment, Phase II. FISCAL INFORMATION $589,888 - Farmers Market TIF District Funds OWNER

DEVELOPER

FM Futsal, Ltd.

FM Futsal, Ltd.

Brian Bergersen Owner/Developer

Brian Bergersen Owner/Developer

MAP Attached.

Agenda Date 12/11/2013 -page 4


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COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council authorized amendments to the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4 Project; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliate, in the Farmers Market TIF District, and recommended City Council authorized the development agreements with DFM Developer, Ltd./ or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331; and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan and Reinvestment Zone Financing Plan, the City desires to reimburse FM Futsal, Ltd. for the costs of the Futsal Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That the City Manager upon approval as to form by the City Attorney's Office is hereby authorized to execute a development agreement with FM Futsal, Ltd, and that future Farmers Market TIF revenues in an amount not to exceed $589,888 are hereby dedicated to TIF-eligible project costs associated with the Futsal Project, shown in the TIF funded Futsal Project budget, attached hereto as Exhibit A, as part of the implementation of the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan. Section 2. That the facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. Section 3. That the City Controller is authorized to encumber and disburse funds from future tax increments and subject to future appropriations from: Farmers Market TIF District Fund Fund 0036, Department ECO, Unit P848, Activity TFFM, Object 4510, Program No. FMTIF0011, CT ECOP848B253, Vendor No. VS0000082182 in an amount not exceed $589,888; and Total amount not to exceed $589,888 for the Futsal Project. Section 4. That FM Futsal, Ltd, shall fund the TIF-eligible costs of the Futsal Project and FM Futsal, Ltd., will be reimbursed (in an amount not to exceed $589,888) solely from the Farmers Market TIF District Funds in accordance with the terms of the development agreement described in hereof, but only to the extent such Farmers Market TIF District funds are available for such purpose. Section 5. That nothing in this resolution shall be construed to require the City to approve funding from any source of City funds other than the Farmers Market TIF District funds. Any funds expended by FM Futsal, Ltd, under the development agreement, that have not been paid, due to lack of or unavailability of Farmers Market TIF District funds shall no longer be considered project costs of the Farmers Market TIF District, and the obligation of the Farmers Market TIF District or the City to reimburse FM Futsal, Ltd,. shall automatically expire.


COUNCIL CHAMBER

December 11, 2013 Section 6. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed by Developer or occur: a. b. c. d.

e.

f.

g.

h.

Pull a building permit by April 1, 2015; Invest a minimum of $1,500,000 in the Futsal Project by December 31, 2015; Complete the public improvements associated with Futsal Project and obtain a final certificate of acceptance issued by the City by December 31, 2015; Execute an operating and maintenance agreement for the “non-standard public infrastructure improvements” in the public right-of-way associated with the Futsal Project by December 31, 2015. For purposes of this Agreement, “non-standard public improvements” means improvements which exceed City’s standard design requirements as determined by City’s Department of Public Works as agreed by Owner, but does not include any standard paved roadways or below grade improvements, such as water, storm water, sanitary sewer or other standard utility systems. The Owner will be required to maintain the non-standard improvements under the operating and maintenance agreement from the time of their completion through October 1, 2035; Comply with all the City’s M/WBE Fair Share policies with participation goal in an amount of 10% of total private construction cost (this amount is based on the total proportion of TIF financial participation in the project) and meet all reporting and procedural requirements; Submit quarterly (once in every three months, starting from the construction start date) project status reports to the Office of Economic Development Staff beginning from July 31, 2015; Submit the design for the redevelopment of the futsal fields and community garden for review and approval of the Office of Economic Development staff and the City of Dallas Design Studio. These approved designs will be included in the City Council packet; and Construct public and private improvements that conform in design and materials shown in renderings approved by Office of Economic Development staff, City of Dallas Design Studio and Peer Review Committee (Exhibit B, Site Plan & Conceptual Renderings), subject to zoning changes, if any. Minor modifications can be approved by the Dallas Design Studio, if needed.

Section 7. That TIF funds, in an amount not to exceed $589,888, will begin to be reimbursed upon completion of the Futsal Project obligations (above required elements) and subject to terms of the Farmers Market TIF Increment Allocation Policy, attached hereto as Exhibit C. Section 8. That the Director of Office of Economic Development, after approval and recommendation of the Farmers Market TIF District Board of Directors, may authorize an extension of the project completion deadlines up to 6 months.


COUNCIL CHAMBER

December 11, 2013 Section 9. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II Futsal Project Cost Estimates

Description Farmers Market TIF Grant: Open space improvements â&#x20AC;&#x201C; community garden and futsal fields

Amount

TIF Request

$589,888

$589,888

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF funding in the form of a TIF Grant for the Futsal Project is $589,888.

1


Exhibit B

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,oo Feel CONCEPTUAL SITE PLAN· FUTSAL COMPLEX

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Exhibit C

TIF Increment Allocation Policy Farmers Market TIF District November 21, 2013 It is important for the City of Dallas to encourage as many projects as possible and also allocate Farmers Market TIF District funds to Developers, based on the increment created by the Project (as defined below) and Related Projects/Developers (as defined below) within the District rather than on a first come first serve basis. Definitions: Project (TIF-eligible) - development or redevelopment that adds taxable real property value at a particular site or is a space or facility of public benefit such as open space, trails or cultural facilities. The Project has been approved for TIF funds and all requirements set forth in the development agreement have been completed. Developer – A person or entity that has completed all requirements for a TIF-eligible Project as set out in the fully executed development agreement for the Project. Related Project/Developer– if a Developer or a Developer’s affiliates (as defined in a development agreement) has other development or redevelopment projects in addition to a TIFeligible Project, increment from those Related Project(s) may be included in Individual Increment for reimbursement of the TIF-eligible Project expenses. These requirements will be further specified in a development agreement where applicable. Related Projects must create new taxable real property value for the District based on the following criteria: •

New development on previously vacant land or demolished structures.

Total Increment– the annual amount of increment deposited into the TIF fund from the participating jurisdictions. Individual Increment – the portion of the increment that a Project or Related Project creates each year. Net Individual Increment – Individual Increment less the Project’s and/or Related Project’s portion of Administrative Expenses each year. This portion will be based on the ratio of Individual Increment to Total Increment. Administrative Expenses – the City will take a share of TIF revenue from this District for the amount it bills to the District for costs necessary for administration of the TIF District program, which may include charges from other departments, each year. District-Wide Improvements – improvements that are not specific to a single development site such as gateways, trails, open space, public facilities, or utility/streetscape improvements benefiting multiple properties or blocks. Shared Increment – the Total Increment less (1) the portion of Administrative Expenses not already deducted from Individual Increment, (2) a set-aside for District-Wide Improvements if applicable, and (3) the sum of the Individual Increments of all eligible Developers. Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 1 of 3


Exhibit C

Available Cash - cash in the Farmers Market TIF District fund that is not already allocated, encumbered, or otherwise set aside for other purposes. Procedure: Annually, after the Total Increment has been deposited in the TIF fund, the fund will pay or set aside Administrative Expenses based on a ratio of Individual Increments and any remaining costs from unallocated increment in the TIF fund. After Administrative Expenses and any District-Wide Improvement allocation have been paid or set aside, Developers approved for TIF funding from the Farmers Market TIF District will be eligible to receive their Net Individual Increment. In addition to their Net Individual Increment, the Developers of the Dallas Farmers Market site will be eligible to receive a portion of any Shared Increment. The Shared Increment allotted to an eligible Developer shall be a ratio of an eligible Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for all Projects eligible for reimbursement for that year. Dallas Central Appraisal District (DCAD) certified values for each tax year will be the data source used to determine values for the increment allocation procedure. However, no increment allocation will be made unless a total Project or specific phase as defined in a development agreement is completed by May 1st of a given year. The Cityâ&#x20AC;&#x2122;s Director of Economic Development will make the final determination in applying future available revenues in the TIF Fund among Projects. District-Wide Improvement Set-Aside Once the pre-existing agreement with Perry Homes has been fully reimbursed, up to 20% of the total Increment may be set-aside for District-Wide improvements as determined by TIF Board on October 28, 2008. Accumulated District-Wide Improvement Set-Aside funds may be allocated by the Board for improvements that benefit the Farmers Market TIF District. Specific improvement projects are to be determined and the amount of this set aside will be reviewed annually based on updated financial projections and District needs. If there is future revenue from the parking, those funds will be allocated towards the DistrictWide Improvement Set-Aside. Pre-existing Agreements This Increment Allocation Policy does not affect the development agreement with Perry Homes for the Farmers Market Way Town Homes development. This Project shall be reimbursed according to the development agreement, which states that the Developer will be paid on first come first serve basis after paying administrative expenses. The Project will be reimbursed after meeting all terms of the development agreement. If the Project fails to meet the requirements, the agreement will be terminated and the TIF funds will be reallocated to the District-Wide Improvement Set-Aside.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 2 of 3


Exhibit C

The Farmers Market Square Project shall be reimbursed according to their development Agreement, which states that the Developer will be paid their own increment and a portion of the Shared Increment after the administrative expenses and District-Wide Improvement Set-Aside. Currently, there are sufficient Farmers Market TIF funds to fully reimburse the existing commitments (Perry Homes and Farmers Market Square Project) upon meeting all the terms of the development agreement. Farmers Market Redevelopment Project increment set-aside After the TIF subsidies due the developers with pre-existing development agreements have been paid, all TIF funds (other than those required to pay administrative expenses) that become available from (1) the Farmers Market Redevelopment Project Individual Increments and (2) those properties located within the boundaries of the Farmers Market TIF District as of March 27, 2013 (the Shared Increment), shall be paid to the Farmers Market Redevelopment Project Developer until said Developer has received the full amount that it is due under the TIF development agreements between said Developer and City and that no other person shall be entitled to receive any of the TIF funds available from such sources unless and until said Developer has received the full amount that it is due under its TIF development agreements with City. Notwithstanding the foregoing, said Developer understands that (1) it will not be entitled to receive any of the TIF funds which may become available from any future development in the Farmers Market TIF District, other than from (a) the Farmers Market Redevelopment Project and (b) those properties located within the boundaries of the Farmers Market TIF District as of the date of March 27, 2013, and (2) any future developments in the Farmers Market TIF District will be eligible to receive only the TIF increment generated by such future developments until such time as the Farmers Market Redevelopment Project Developer has received the full amount that it is due under its TIF development agreements with City. Notes: In general, the assignment of increment will be done annually, after each participating jurisdiction has deposited its annual increment into the TIF fund. Upon completion of a Project, developers are eligible to be reimbursed for TIF eligible expenditures from Available Cash currently in the TIF fund, if any. If the appraised value of the remaining property in the TIF District decreases in value despite new development and as additional TIF Projects are approved and completed, the TIF subsidy for Projects that year may be reduced or unpaid.Similarly, if the sum of (1) AdministrativeExpenses, (2) District-Wide Improvements, and (3) the sum of the Individual Increments is greater than the Total Increment, then the Individual Increments shall be allotted on a proportional basis based on the ratio of each Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for that year. If there is no revenue available after administrative expenses, there will be no increment payments that year. At its discretion, theFarmers Market TIF District TIF Board may make modifications or corrections to this Policy to increase its effectiveness.

Farmers Market TIF District - TIF Increment Allocation Policy Farmers Market TIF Board approved on November 21, 2013

Page 3 of 3


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, on May 27, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Six, (Farmers Market TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the Farmers Market area through the use of tax increment financing by Ordinance No. 23521, as amended; and WHEREAS, on August 25, 1999, City Council authorized the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24001, as amended; and WHEREAS, on February 27, 2013, City Council authorized the amendment to the Farmers Market TIF District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 28951; and WHEREAS, on June 26, 2013, City Council authorized the Farmers Market Redevelopment, Phase I, Project by DFM Developer, Ltd., in the Farmers Market TIF District in an amount not to exceed $1,664,832 by Resolution No. 13-1156; and WHEREAS, on November 21, 2013, the Farmers Market TIF Board of Directors reviewed the proposed Farmers Market Redevelopment, Phase II: (A) Shed 1 Project; (B) Shed 2 Project; (C) Mixed-use development/Shed 3 and Shed 4; (D) 2101 and 2111 Taylor Street Project; and (E) Futsal Project by DFM Developer, Ltd./ or its affiliates, in the Farmers Market TIF District, and recommended City Council authorize development agreements with DFM Developer, Ltd./ or its affiliate, to dedicate future TIF revenues from the Farmers Market TIF District, in an amount not to exceed $13,335,331; and WHEREAS, in furtherance of the Farmer Market TIF District Project Plan and Reinvestment Zone Financing Plan, the City desires to reimburse FM Futsal, Ltd., for the costs of the Futsal Project of the Farmers Market Redevelopment, Phase II, in the Farmers Market TIF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:


COUNCIL CHAMBER

December 11, 2013 Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes. Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the Futsal Project. The following is a general functional description of the Futsal Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description TIF Grant open space improvements community garden and Futsal Project, as shown in Exhibit A

Debt To Be Issued Not to exceed $589,888

Section 3. That the total Farmers Market TIF District participation in the construction and improvements related to the Futsal Project and other public improvements association with the Farmers Market Phase II shall not exceed an amount of $589,888 all in accordance with the terms of said development agreement. Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Farmers Market TIF Fund and/or Tax Increment Bonds. Any funds expended under the development agreement that remain unpaid upon termination of the Farmers Market TIF, due to lack or unavailability of Farmers Market TIF Funds shall no longer be considered project costs of the Farmers Market TIF District or the City to pay the FM Futsal, Ltd., shall automatically expire. 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.


EXHIBIT A Farmers Market Redevelopment, Phase II Futsal Project Cost Estimates

Description Farmers Market TIF Grant: Open space improvements â&#x20AC;&#x201C; community garden and futsal fields

Amount

TIF Request

$589,888

$589,888

Note: No interest shall accrue on any portion of the TIF subsidy. Maximum recommended TIF funding in the form of a TIF Grant for the Futsal Project is $589,888.

1


AGENDA ITEMS # 64,65 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 P ________________________________________________________________

SUBJECT City Center TIF District - Lamar Corridor/West End Sub-district *

Authorize a development agreement with SandCap 711 Elm Partners, LP, to reimburse eligible project costs related to demolition, public infrastructure improvements and façade improvements associated with the 711 Elm Street redevelopment project in an amount not to exceed $124,000, of which $50,000 is in the form of an Economic Development TIF Grant, from revenues accruing to Tax Increment Financing Reinvestment Zone Five (City Center TIF District) – Not to exceed $124,000 - Financing: City Center TIF District Funds

*

A resolution declaring the intent of Tax Increment Financing District Reinvestment Zone Number Five (City Center TIF District) to reimburse SandCap 711 Elm Partners, LP, up to $124,000, for TIF-eligible project costs pursuant to the development agreement with SandCap 711 Elm Partners, LP - Financing: No cost consideration to the City

BACKGROUND The Lamar Corridor/West End Sub-district of the City Center TIF District was created to expand the downtown core and redevelopment momentum to the West End. Redevelopment of surface parking lots, vacant or mostly vacant buildings in the West End area is possible with some public investment. The proposed project will complete improvements to the façade, vacant ground floor retail space and outdoor public area of the building located at 711 Elm Street. The building is adjacent to the historic West End, West End DART Rail Station, and is across the street from El Centro College. The ground floor retail space accounts for 6,600 square feet. Currently 3,600 square feet of the ground floor space is occupied by a 7-11 and small restaurant.


BACKGROUND (Continued) The upper floors of the building are used for parking. The ground floor retail and parking garage serves El Centro College students, faculty and staff, visitors to the West End, commuters on the DART Rail line and Downtown employees working in office buildings nearby. The building has approximately 3,000 square feet of vacant ground floor space that faces Austin Street, directly adjacent to the West End DART Rail Station. Staff is proposing, through the use of TIF funds for the project, to reimburse the developer’s c osts to activate Austin Street with enhanced streetscape that the developer would not install otherwise and renovation of the vacant space. These improvements will improve pedestrian connectivity to the rail station TIF funds will not be used to reimburse any parking renovation costs. The project is scheduled to be reviewed by the Landmark Commission on January 6, 2013, to ensure its design complies with the West End District Historical Design Guidelines. Approval of the project’s design by the Landmark Commission and issuance of a Certificate of Appropriateness is a requirement of TIF funding. The total project cost for the redevelopment project is $562,323. TIF funding for the project is proposed to be a maximum of $124,000, of which $50,000 is in the form of an Economic Development TIF Grant. TIF funding will reimburse project costs for demolition, façade improvements, and Austin Street streetscape improvements. The proposed improvements to Austin Street would not occur but for, TIF participation. The 711 Elm Street redevelopment project is consistent with the Downtown Dallas 360 Plan's vision for the West End area and adds to the area's development momentum. ESTIMATED PROJECT SCHEDULE Project Start Date Project Completion Date

January 2014 August 2014

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 14, 2013, the City Center TIF District Board of Directors reviewed and recommended approval of a development agreement with SandCap 711 Elm Partners, LP, and TIF funding for the project not to exceed $124,000, of which $50,000 is in the form of an Economic Development TIF Grant, to reimburse TIF-eligible project costs. On December 2, 2013, the Economic Development Committee was briefed on the proposed 711 Elm Street redevelopment project and recommended approval.

Agenda Date 12/11/2013 -page 2


FISCAL INFORMATION $124,000 â&#x20AC;&#x201C; City Center TIF District Funds OWNER

DEVELOPER

SandCap 711 Elm Partners, LP

SandCap 711 Elm Partners, LP

Peter K. Flowers, Manager 511 E. John Carpenter Fwy #550 Dallas, TX 75062

Peter K. Flowers, Manager 511 E. John Carpenter Fwy #550 Dallas, TX 75062

MAP Attached.

Agenda Date 12/11/2013 -page 3


Legend

~

•~ • •• •~Lamar CorridorNVest E nd Sub-Di strict . .ct Boundary •• ProposedCtty . Center TIF D1stn 711 E Im Street

c::::J Ctty Center Tl F District Pareels


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on June 26, 1996, City Council pursuant to Ordinance No. 22802, established Tax Increment Financing Reinvestment Zone Five (City Center TIF District) in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the “Act”) to promote development and redevelopment in the City Center area through the use of tax increment financing as amended; and WHEREAS, on February 12, 1997, City Council, pursuant to Ordinance No. 23034, authorized the City Center TIF District Project Plan and Reinvestment Zone Financing Plan for the City Center TIF District, as amended; and WHEREAS, on December 12, 2012, City Council, conducted a public hearing, received comments and approved amendments to the City Center TIF District Project and Reinvestment Zone Financing Plans and authorized Ordinance No. 12-3040 amending Ordinance No. 22802, previously approved on June 26, 1996, and an Ordinance No. 23034, previously approved February 12, 1997, to: (1) create two sub-districts within the City Center TIF District: (a) City Center Sub-district (original district boundary) and (b) Lamar Corridor/West End Sub-district; (2) increase the geographic area of the City Center TIF District to add approximately 27.14 acres to create the Lamar Corridor/West End Sub-district; (3) extend the current termination date of the City Center TIF District from December 31, 2012, to December 31, 2022, for the City Center Sub-district and establish a termination date for the Lamar Corridor/West End Sub-district of December 31, 2037; (4) decrease the percentage of tax increment contributed by the City of Dallas during the extended term of the TIF District and establish other taxing jurisdictions participation percentages; (5) increase the City Center TIF District’s budget from $87,567,717 total dollars to $151,968,546 total dollars; and (6) make corresponding modifications to the City Center TIF District boundary, budget and Project and Reinvestment Zone Financing Plans; and WHEREAS, on November 14, 2013, the City Center TIF District Board of Directors reviewed and recommended approval of a TIF Reimbursement for SandCap 711 Elm Partners, LP in an amount not to exceed $124,000 of which $50,000 is in the form of an Economic Development TIF Grant, for TIF-eligible project costs associated with the 711 Elm Street redevelopment project; and WHEREAS, on December 2, 2013 the Economic Development Committee was briefed and recommended approval of TIF funding for the 711 Elm Street redevelopment project in an amount not to exceed $124,000; and


COUNCIL CHAMBER

December 11, 2013 WHEREAS, in furtherance of the City Center TIF District Project Plan and Reinvestment Zone Financing Plan and to promote within the City Center TIF District: (1) development and diversification of the economy, (2) elimination of unemployment and underemployment, and (3) development and expansion of commerce, the City desires to provide economic incentives to the SandCap 711 Elm Partners, LP, for the 711 Elm Street redevelopment project in the Lamar Corridor/West End Sub-district of the City Center TIF District as depicted in the project’s Site/Landscape Plan, East Elevations and First Floor Plan attached hereto as Exhibits A, B, and C respectively; and WHEREAS, the expenditure of TIF funds supporting this development is consistent with promoting development and redevelopment of the City Center TIF District in accordance with the purposes for its creation, the City’s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, as amended, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan, as amended, for the City Center TIF District. 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 a development agreement with SandCap 711 Elm Partners, LP and the City of Dallas for the 711 Elm Street redevelopment project and that future City Center TIF revenues in an amount not to exceed $124,000, of which $50,000 is in the form of an Economic Development TIF Grant, are hereby dedicated to TIF-eligible project costs associated with the 711 Elm Street redevelopment project, as shown in Exhibit D – TIF Budget – Eligible Project Costs. These costs include, but are not limited to design, engineering, professional services, demolition, utilities and mechanical systems, public infrastructure improvements and facade improvements for the 711 Elm Street redevelopment project. Section 2. That the City Controller is hereby authorized to encumber and disburse funds from future tax increments and subject to future appropriations from: Fund 0035, Department ECO, Unit P850, Object 4510, Activity TCCN, Program No. CTIF0009, CT ECOP850B255-01, Vendor No. VS0000082003, in an amount not to exceed $52,500; Fund 0035, Department ECO, Unit P850, Object 4111, Activity TCCN, Program No. CCTIF0009, CT ECOP850B255-02, Vendor No. VS0000082003, in an amount not to exceed $2,600;


COUNCIL CHAMBER

December 11, 2013 Section 2. (Continued) Fund 0035, Department ECO, Unit P850, Object 3072, Activity TCCN, Program No. CCTIF0009, CT ECOP850B255-03, Vendor No. VS0000082003, in an amount not to exceed $6,500; Fund 0035, Department ECO, Unit P850, Object 3072, Activity TCCN, Program No. CCTIF0009, CT ECOP850B255-04, Vendor No. VS0000082003, in an amount not to exceed $12,400; Fund 0035, Department ECO, Unit P850, Object 3016, Activity TCCN, Program No. CCTIF0009, CT ECOP850B255-05, Vendor No. VS0000082003, in an amount not to exceed $50,000; and For a total not to exceed $124,000. Funds may be shifted among categories, except the Economic Development TIF Grant category, as long as the total TIF funding does not exceed $124,000. Section 3. That nothing in the resolution shall be construed to require the City to approve future dedications of City Center TIF revenues (the “TIF Subsidy”) from any source of the City funds other than the City Center TIF District Fund. Any portion of the TIF Subsidy that remains unpaid due to lack or unavailability of City Center TIF District Funds shall no longer be considered project costs of the City Center TIF District or the City and the obligation of the City Center TIF District to pay the Owner shall automatically expire. Section 4. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed or occur: 1.

Minimum private investment of $300,000 for the Project (construction and construction related soft costs); The term “Invest” or “Investment” means the sum of all construction costs (hard and soft) paid, payable or actually incurred by or on behalf of the Owner, with respect to the Property and the improvements thereon. Construction related soft costs include the following items: architecture and engineering, demolition and public infrastructure improvements. Carrying or other similar costs shall not be considered toward this definition of project investment. The owner must provide verification of all expenditures.


COUNCIL CHAMBER

December 11, 2013 Section 4. (Continued) 2.

Redevelopment of the Project shall include: a.

Minimum of 3,000 square feet of vacant ground floor space shall be brought to a “white box” leasable condition, including, but not limited to, electrical systems, HVAC/Mechanical, ADA accessibility repair/upgrades; and

b.

Austin Street streetscape improvements.

3.

Obtain a building permit and start for the Project by January 31, 2014;

4.

Obtain a Certificate of Occupancy (CO) for the Project by August 31, 2014;

5.

Obtain a Certificate of Appropriateness from the City’s Landmark Commission for the project prior to January 31, 2014;

6.

Obtain final acceptance of public infrastructure improvements associated with the Project, as evidenced by the issuance of a Green Tag from the Public Works and Transportation Department by August 31, 2014 and submit documentation to the Office of Economic Development (the “OED”);

7.

Execute an Operating and Maintenance agreement for public infrastructure improvements associated with the Project by August 31, 2014, for a period of 20 years;

8.

Prior to City Council consideration Design Review by an independent group of design, engineering, and/or planning professionals selected by the Dallas City Manager is required for all City Center TIF District projects. If a peer review group has not been established prior to TIF Board consideration, the City Design Studio shall review and provide recommendations on the Project’s design to be considered by the City Center TIF District Board of Directors. The Project’s design plans shall include: a.

A site plan showing the location of parcel boundaries clearly differentiating publically accessible space form private space.

b.

A pedestrian lighting plan for the site using lighting acceptable to the City and spaced at approximately 75 feet unless otherwise required by the City’s Public Works and Transportation Department. This lighting plan is required for all public and private streets included in the project.


COUNCIL CHAMBER

December 11, 2013 Section 4. (Continued) c.

A sidewalk plan for the project. Sidewalks with high anticipated levels of pedestrian traffic shall be designed to accommodate the traffic. The sidewalks shall have a minimum 7 foot walking zone and a minimum 3 foot landscaping and lighting zone, where possible. Landscaping and pedestrian lights shall be placed in the area closest to the back of curb for the length of the sidewalk. The plan shall show the location and type of all landscaping materials.

d.

Elevations for all sides of the building visible from the public right of way, focusing on the ground floor.

e.

Valet plan indicating where the vehicular drop off will be located.

f.

Signage plan for the building.

9.

Construction of Project improvements shall be in general conformance with design plans approved by the City Center TIF Board of Directors and Dallas City Council;

10.

The ground floor space must be occupied prior to TIF Reimbursement;

11.

This project/property is not eligible for City of Dallas County Historic Tax Abatements if approved for TIF funding;

12.

The Project shall be managed by a management company acceptable to the Director of the OED, such approval not being unreasonably withheld;

13.

Owner shall submit to the Director of the OED a quarterly status report for ongoing work on the project, as well as public improvements. Status reports will be due once every three months after the Council approval date;

14.

Owner shall make a good faith effort to (i) comply with the Business Inclusion and Development (“BID”) goal of twenty-five percent (25%) Minority/Women-owned Business Enterprise (M/WBE) participation for TIF reimbursable improvements, and (ii) achieve a goal of 25% certified M/WBE participation for total private improvement construction expenditures for the Project, and meet all reporting requirements for each; and

15.

If necessary, the project deadline can be extended up to 6 months, subject to the Office of Economic Development Director’s and City Center TIF District Board of Director’s approval.


COUNCIL CHAMBER

December 11, 2013 Section 5. That should SandCap 711 Elm Partners, LP, not perform one or more of the contingencies listed above, the City Manager is authorized to terminate the development agreement and disallow the total TIF Subsidy up to an amount not to exceed $124,000. Section 6. 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.


Exhibit A 711 Elm Street – Site/Landscape Plan


Exhibit B 711 Elm Street – East Elevations                  


Exhibit B 711 Elm Street – East Elevations                  


Exhibit C 711 Elm Street – First Floor Plan                  


Exhibit D 711 Elm Street Project – TIF Budget     Description Public Infrastructure Improvements Austin St. Streetscape Improvements Design Costs Redevelopment/Development Projects Demolition (Interior and Exterior)

Amount $52,500 $2,600 $6,500

Façade Improvements

$12,400

TIF Grant (ground floor mechanical systems)

$50,000

Total TIF Funding Recommended

$124,000

The budget shown above outlines anticipated TIF reimbursements for the 711 Elm Street project. These reimbursements will be based on actual expenditures and may be shifted amongst budget line items, except the TIF Grant line item, as long as the total principal TIF funding does not exceed $124,000. No interest shall accrue on any portion of the TIF reimbursement. Note: The amounts listed above may include engineering, construction, design, construction management, and contingency estimates. Construction management is solely intended to cover fees paid to an outside consultant or third party who confirms the quality of the work. Construction management fees must be invoiced with a detailed description of work performed.


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on June 26, 1996, City Council pursuant to Ordinance No. 22802, established Tax Increment Financing Reinvestment Zone Five (City Center TIF District) in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the “Act”) to promote development and redevelopment in the City Center area through the use of tax increment financing as amended; and WHEREAS, on February 12, 1997, City Council, pursuant to Ordinance No. 23034, approved the City Center TIF District Project Plan and Reinvestment Zone Financing Plan for the City Center TIF District, as amended; and WHEREAS, on December 12, 2012, City Council, conducted a public hearing, received comments and approved amendments to the City Center TIF District Project and Reinvestment Zone Financing Plans and authorized Ordinance No. 12-3040 amending Ordinance No. 22802, previously approved on June 26, 1996, and an Ordinance No. 23034, previously approved February 12, 1997, to: (1) create two sub-districts within the City Center TIF District: (a) City Center Sub-district (original district boundary) and (b) Lamar Corridor/West End Sub-district; (2) increase the geographic area of the City Center TIF District to add approximately 27.14 acres to create the Lamar Corridor/West End Sub-district; (3) extend the current termination date of the City Center TIF District from December 31, 2012, to December 31, 2022, for the City Center Sub-district and establish a termination date for the Lamar Corridor/West End Sub-district of December 31, 2037; (4) decrease the percentage of tax increment contributed by the City of Dallas during the extended term of the TIF District and establish other taxing jurisdictions participation percentages; (5) increase the City Center TIF District’s budget from $87,567,717 total dollars to $151,968,546 total dollars; and (6) make corresponding modifications to the City Center TIF District boundary, budget and Project and Reinvestment Zone Financing Plans; and WHEREAS, on November 14, 2013, the City Center TIF District Board of Directors reviewed and recommended approval of a TIF Reimbursement for SandCap 711 Elm Partners, LP in an amount not to exceed $124,000 of which $50,000 is in the form of an Economic Development TIF Grant, for TIF-eligible project costs associated with the 711 Elm Street redevelopment project; and WHEREAS, on December 2, 2013 the Economic Development Committee was briefed and recommended approval of TIF funding for the 711 Elm Street redevelopment project in an amount not to exceed $124,000; and


COUNCIL CHAMBER

December 11, 2013 WHEREAS, in furtherance of the City Center TIF District Project Plan and Reinvestment Zone Financing Plan and to promote within the City Center TIF District: (1) development and diversification of the economy, (2) elimination of unemployment and underemployment, and (3) development and expansion of commerce, the City desires to provide economic incentives to the SandCap 711 Elm Partners, LP, for the 711 Elm Street redevelopment project in the Lamar Corridor/West End Sub-district of the City Center TIF District; and WHEREAS, the expenditure of TIF funds supporting this development is consistent with promoting development and redevelopment of the City Center TIF District in accordance with the purposes for its creation, the Cityâ&#x20AC;&#x2122;s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, as amended, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan, as amended, for the City Center TIF District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes. Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the Project. The following is a general functional description of the Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description Demolition, public infrastructure improvements, façade improvements, design costs, mechanical systems improvements for the 711 Elm Street redevelopment project in Reinvestment Zone Number Five (City Center TIF District)

Debt To Be Issued Not to exceed $124,000, of which $50,000 is in the form of an Economic Development Grant as provided by the Project Plan and Reinvestment Zone Financing Plan

Section 3. That the total City Center TIF District participation in the 711 Elm Street redevelopment project shall not exceed an amount of $124,000 for TIF-eligible project costs, all in accordance with the terms of the said development agreement.


COUNCIL CHAMBER

December 11, 2013 Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the City Center TIF District Fund and/or Tax Increment Bonds. Any funds expended under the development agreement that remain unpaid upon termination of the City Center TIF District, due to lack or unavailability of City Center TIF District Funds shall no longer be considered project costs of the City Center TIF District or the City and any obligation to pay SandCap 711 Elm Partners, LP, shall automatically expire. 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.


AGENDA ITEMS # 66,67 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 J ________________________________________________________________

SUBJECT Olive Street Public Improvements Project - Sports Arena TIF District *

Authorize a development agreement with Victory Park UST Joint Venture I, LP, to reimburse project costs for public infrastructure improvements to Olive Street within the Victory Sub-district in an amount not to exceed $825,100, from revenues accruing to Tax Increment Financing Reinvestment Zone Seven (Sports Arena TIF District) - Not to exceed $825,100 - Financing: Sports Arena TIF District Funds

*

A resolution declaring the intent of Tax Increment Financing District Reinvestment Zone Number Seven (Sports Arena TIF District) to reimburse Victory Park UST Joint Venture I, LP, for Olive Street Infrastructure Improvement Project costs pursuant to the development agreement with Victory Park UST Joint Venture I, LP â&#x20AC;&#x201C; Financing: No cost consideration to the City

BACKGROUND On June 27, 2012, City Council authorized district wide technical studies for the Victory Sub-district. The studies focused on completing parking, traffic, vehicular and pedestrian circulation, place making and retail design studies related to public and private improvements within the sub-district and were completed in May of 2013. One of the recommendations of the study was the reconfiguration of Olive Street to reduce the streetâ&#x20AC;&#x2122;s width to better accommodate pedestrians, add a crosswalk at Victory Park Lane and orient the plaza to direct event patrons to the retail component of the Victory project along Victory Park Lane. The Olive Street Improvement Project will address these issues by: constructing a raised curbed median from Victory Avenue to Field Street. constructing two new mid-block pedestrian crosswalks


BACKGROUND (Continued) -

installing vehicular and pedestrian traffic signals at Victory Park Lane dedicating staging areas for valeting cars along the north curb line west of N. Houston Street, and for queuing taxis along the south curb line west of Victory Park Lane.

The primary goal of the project is to improve pedestrian and vehicular safety on Olive Street in conformance with the recommendations of the District wide studies. The total project cost for the Olive Street Improvement project is $825,100. Victory Park UST Joint Venture I, LP will pay for the costs of the project improvement upfront and will be reimbursed from the TIF District upon completion. TIF funding will reimburse the total cost of the project. ESTIMATED TIF GRANT TERM Project Start Date Project Completion Date

May 2014 December 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 23, 2012, City Council conducted a public hearing and received comments on amendments to the Sports Arena TIF District Project and Reinvestment Zone Financing Plans and authorized an ordinance amending Ordinance No. 23688, previously approved on October 28, 1998, and Ordinance No. 24002, previously approved on August 25, 1999, to (1) add two new sub-districts within the Sports Arena TIF District: (a) Riverfront Gateway Sub-district and (b) West Dallas Sub-district; (2) increase the geographical area of the Sports Arena TIF District to add approximately: (a) 4.5 acres to the Victory Sub-district (generally the original Sports Arena TIF District boundary); (b) 33 acres in the Riverfront Gateway Sub-district; and (c) 89.2 acres in the West Dallas Sub-district; (3) extend the termination date of the Sports Arena TIF District for a 10 year period from the City Council established termination date of December 31, 2018, to December 31, 2028, for the Victory Sub-district and establish a termination date for the Riverfront Gateway and West Dallas Sub-districts of December 31, 2042; (4) decrease the percentage of tax increment contributed by the City of Dallas during the extended term of the TIF District and establish other taxing jurisdictions participation percentages; (5) increase the Sports Arena TIF District budget from $25,498,568 NPV (approximately $46,961,785 total dollars) to $94,409,005 NPV (approximately $273,599,175 total dollars), an increase of $68,910,437 NPV (approximately $226,637,390 total dollars); (6) create an Economic Development TIF Grant Program within the District and adopt program guidelines; (7) make corresponding modifications to the Sports Arena TIF District map, budget and Project and Reinvestment Zone Financing Plans by Ordinance No. 28672.

Agenda Date 12/11/2013 -page 2


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On June 27, 2012, City Council authorized a development agreement with Victory Park UST Joint Venture I, LP to reimburse costs related to planning efforts related to parking, vehicular and pedestrian circulation, place making and retail design for the Victory Sub-district of Tax Increment Financing Reinvestment Zone Seven (Sports Arena TIF District) in an amount not to exceed $400,000, by Resolution Nos. 12-1682 and 12-1683. On January 23, 2013, City Council authorized an amendment to the development agreement development agreement with Victory Park UST Joint Venture I, LP, for costs associated with district wide technical studies to increase the Economic Development grant amount from $400,000, to an amount not to exceed $700,000, by Resolution No. 13-0206. On August 8, 2013, the Sports Arena TIF District Board of Directors reviewed and recommended approval of a development agreement with Victory Park UST Joint Venture I, LP, and TIF funding for the project not to exceed $825,100, to reimburse Olive Street Improvement Project costs. On October 7, 2013, the Economic Development Committee was briefed on the proposed Olive Street Improvement Project and recommended approval. FISCAL INFORMATION $825,100 â&#x20AC;&#x201C; Sports Arena TIF District Funds DEVELOPER Victory Park UST Joint Venture I, LP Lance Fair, Vice President 3090 Olive Street, Ste. 210 Dallas, TX 75219 MAP Attached.

Agenda Date 12/11/2013 -page 3


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COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on October 28, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Seven, City of Dallas, Texas (“Sports Arena TIF District”) in accordance with the Tax Increment Financing Act, as amended, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the “Act”) to promote development and redevelopment through the use of tax increment financing by Ordinance No. 23688; as amended; and WHEREAS, on August 25, 1999, City Council authorized the Sports Arena Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24002; as amended; and WHEREAS, on May 23, 2012, City Council conducted a public hearing and received comments on amendments to the Sports Arena TIF District Project and Reinvestment Zone Financing Plans and authorized an ordinance amending Ordinance No. 23688, previously approved on October 28, 1998, and Ordinance No. 24002, previously approved on August 25, 1999, to (1) add two new sub-districts within the Sports Arena TIF District: (a) Riverfront Gateway Sub-district and (b) West Dallas Sub-district; (2) increase the geographical area of the Sports Arena TIF District to add approximately: (a) 4.5 acres to the Victory Sub-district (generally the original Sports Arena TIF District boundary); (b) 33 acres in the Riverfront Gateway Sub-district; and (c) 89.2 acres in the West Dallas Sub-district; (3) extend the termination date of the Sports Arena TIF District for a 10 year period from the City Council established termination date of December 31, 2018, to December 31, 2028, for the Victory Sub-district and establish a termination date for the Riverfront Gateway and West Dallas Sub-districts of December 31, 2042; (4) decrease the percentage of tax increment contributed by the City of Dallas during the extended term of the TIF District and establish other taxing jurisdictions participation percentages; (5) increase the Sports Arena TIF District budget from $25,498,568 NPV (approximately $46,961,785 total dollars) to $94,409,005 NPV (approximately $273,599,175 total dollars), an increase of $68,910,437 NPV (approximately $226,637,390 total dollars); (6) create an Economic Development TIF Grant Program within the District and adopt program guidelines; (7) make corresponding modifications to the Sports Arena TIF District map, budget and Project and Reinvestment Zone Financing Plans by Ordinance No. 28672; and WHEREAS, on June 27, 2012, City Council authorized a development agreement with Victory Park UST Joint Venture I, LP to reimburse costs related to planning efforts related to parking, vehicular and pedestrian circulation, place making and retail design for the Victory Sub-district of Tax Increment Financing Reinvestment Zone Seven (Sports Arena TIF District) in an amount not to exceed $400,000, by Resolution Nos. 12-1682 and 12-1683, as amended; and


COUNCIL CHAMBER

December 11, 2013 WHEREAS, on August 8, 2013, the Sports Arena TIF District Board of Directors reviewed and recommended approval of a development agreement with Victory Park UST Joint Venture I, LP, and TIF funding for the project not to exceed $825,100, to reimburse Olive Street Improvement Project costs; and WHEREAS, on October 7, 2013, the Economic Development Committee was briefed on the proposed Olive Street Improvement Project and recommended approval; and WHEREAS, in furtherance of the Sports Arena TIF District Project Plan and Reinvestment Zone Financing Plan, as amended, and to promote within the Sports Arena TIF District: (1) development and diversification of the economy, (2) elimination of unemployment and underemployment, and (3) development and expansion of commerce, the City desires to provide economic incentives to Victory Park UST Joint Venture I, LP, for the Olive Street Public Improvement Project in the Victory Sub-district of the Sports Arena TIF District, as depicted in the project’s Concept Plan attached hereto as Exhibit A; and WHEREAS, the expenditure of TIF funds supporting this agreement is consistent with promoting development and redevelopment of the Sports Arena TIF District in accordance with the purposes for its creation, the City’s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, as amended, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan, as amended, for the Sports Arena TIF District. 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 a development agreement with Victory Park UST Joint Venture I, LP, and the City of Dallas, on behalf of the Sports Arena TIF District for the Olive Street Public Improvement project and that Victory Sub-district TIF revenues in an amount not to exceed $825,100 are hereby dedicated to the project costs associated with the Olive Street Public Improvement project, as show in Exhibit B – TIF Budget – Eligible Project Costs. These costs include but are not limited design engineering, professional services, environmental remediation, demolition, utilities and open space/connectivity improvements associated with the Olive Street Public Improvement Project.


COUNCIL CHAMBER

December 11, 2013 Section 2. That the City Controller is hereby authorized to encumber and disburse funds from future tax increments generated in the Victory Sub-district of the zone and subject to future appropriations from: Fund 0038, Department ECO, Unit P842, Object 4111, Activity SATI, CT ECOP842A242-01, Program No. SATIF0003, Vendor No. VS0000071920, in an amount not to exceed $55,560; Fund 0038, Department ECO, Unit P842, Object 4116, Activity SATI, CT ECOP842A242-02, Program No. SATIF0003, Vendor No. VS0000071920, in an amount not to exceed $50,000; Fund 0038, Department ECO, Unit P842, Object 4510, Activity SATI, CT ECOP842A242-03, Program No. SATIF0003, Vendor No. VS0000071920, in an amount not to exceed $553,000; and Fund 0038, Department ECO, Unit P842, Object 4599, Activity SATI, CT ECOP842A242-04, Program No. SATIF0003, Vendor No. VS0000071920, in an amount not to exceed $166,540. For a total not to exceed $825,100. Section 3. That nothing in the resolution shall be construed to require the City to approve future dedications of Sports Arena TIF revenues (the “TIF Subsidy”) from any source of the City funds other than the Victory Sub-district’s Sports Arena TIF District Fund. Any portion of the TIF Grant that remains unpaid due to lack or unavailability of Sports Arena TIF District Funds shall no longer be considered project costs of the Sports Arena TIF District or the City and the obligation of the Sports Arena TIF District to pay Victory Park UST Joint Venture I, LP, shall automatically expire. Section 4. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed or occur: A.

Minimum $825,100 in Project costs funded by Developer. Eligible project costs include construction costs (hard and soft) paid, payable or actually incurred by or on behalf of the Developer, with respect to the Project improvements; Construction related soft costs can include the following items: architecture and engineering, design, testing and inspection fees to third party contractors, and construction management fees to third party contractors. Carrying or other similar costs shall not be considered toward this definition of project costs. The Developer must provide verification of all expenditures.


COUNCIL CHAMBER

December 11, 2013 Section 4. (Continued) B.

Soft costs (non-construction related) and/or professional services contingency costs shall not exceed 20% of funds allocated to the Contingencies for Traffic Control and Unforeseen Contingencies line item of the projectâ&#x20AC;&#x2122;s budget; the balance (80%) of the line itemâ&#x20AC;&#x2122;s funds shall be used for construction contingency costs.

C.

Project shall include: a. b.

c. d.

e. f. g.

h.

i.

j. k.

D.

Construction of curbed raised medians from Victory Avenue to Field Street; Construction of two new scored or patterned concrete (pavers are only acceptable if Developer agrees to maintain them in perpetuity) crosswalks at Olive Street and Victory Park Lane; Modification of existing crosswalk in Victory Park Lane at Olive Street as required to accommodate the proposed Olive Street crosswalks; Retrofitting existing crosswalk in Olive Street on west side of N. Houston Street with scored or patterned concrete (pavers are only acceptable if Developer agrees to maintain them in perpetuity); Construction of barrier-free curb ramps and modifying sidewalks as required to support crosswalks; Installation of vehicular and pedestrian traffic signals at proposed crosswalks at Victory Park Lane; Modification of curb, sidewalk and barrier-free curb ramps at southeast corner of Olive Street and Victory Avenue and along south side of Olive Street between Victory Avenue and Victory Park Lane to provide for dedicated taxi queuing lane and to reduce pedestrian crossing distance; Modification of curb, sidewalk and barrier-free curb ramp at southeast corner of Olive Street and Victory Park Lane to reduce pedestrian crossing distance; Modification of curb, sidewalks, barrier-free curb ramps and storm drainage inlets along north side of Olive Street between Valor Place and N. Houston Street to provide space for possible valet operations and/or loading/unloading activity, and to reduce crossing distance for pedestrians at Victory Park Lane; Installation of new pavement markings; and Relocation of trees and modifications to irrigation and tree well drainage as required to support the proposed curb and sidewalk modifications.

Obtain a building permit and start construction of the Project by May 31, 2014;


COUNCIL CHAMBER

December 11, 2013 Section 4. (Continued) E.

Obtain final acceptance of all public infrastructure improvements associated with the Project, as evidenced by the issuance of a Green Tag from the Public Works and Transportation Department within 30 weeks after Start Construction date and submit documentation to the Office of Economic Development (the “OED”) and in no case later than December 31, 2015;

F.

Execute an Operating and Maintenance agreement for “non-standard” public infrastructure improvements constructed with the Olive Street Project for a period not to exceed 20 years no later than December 31, 2015. Non-standard improvements are defined as improvements which exceed the City of Dallas’ standard design requirements, as determined by the City’s Department of Public Works and shall include specially designed street/pedestrian lighting, brick pavers, sidewalks, pavement materials, landscaping and irrigation. Upon approval of the Director, the Operation and Maintenance Agreement may be assigned to another entity and this entity shall assume all requirements of the agreement;

G.

Evidence of investment by UST in three of the five following private improvements within the district within 6 months of project completion a. b. c. d. e.

H.

Restaurant space adjacent to Olive Street; Temporary retail building on Block D within the District; Completion of W Hotel Victory Park rooms renovation project with a minimum of $3.5 million investment ; Removal of artistic light box in front of the W Hotel with associated place making elements such as seating and plant material;and Creation and Operation of a Valet Program to serve the Plaza restaurant tenants at Olive Street and Victory Park Lane.

Prior to the TIF Board’s consideration, review of the Project’s design by the Urban Design Peer Review Panel (UDPRP), an independent group of design, engineering, and/or planning professionals selected by the Dallas City Manager, is required for all Victory Sub-district projects. The UDPRP shall review and provide recommendations on the Project’s design to the TIF Board for their consideration. The Project’s design plans shall include: a. b.

A site plan showing the location of parcel boundaries clearly differentiating publically accessible space form private space; A pedestrian lighting plan for the site using lighting acceptable to the City and spaced at approximately 75 feet unless otherwise required by the City’s Department of Public Works. This lighting plan is required for all public and private streets included in the project;and


COUNCIL CHAMBER

December 11, 2013 Section 4. (Continued) c.

A sidewalk plan for the project. Sidewalks with high anticipated levels of pedestrian traffic shall be designed to accommodate the traffic. The sidewalks shall have a minimum 7 foot walking zone and a minimum 3 foot landscaping and lighting zone, where possible. Landscaping and pedestrian lights shall be placed in the area closest to the back of curb for the length of the sidewalk. The plan shall show the location and type of all landscaping materials.

I.

Construction of Project improvements shall be in general conformance with design plans approved by the Sports Arena TIF Board of Directors and Dallas City Council;

J.

Developer shall submit to the Director of the Office of Economic Development a quarterly status report for ongoing work on the project, as well as public improvements. Status reports will be due once every three months after the Council approval date;

K.

Comply with the Business Inclusion and Development (“BID”) goal of thirty percent (30%) Minority/Women-owned Business Enterprise (M/WBE) participation for TIF reimbursable improvements, and the Developer shall make a good faith effort to achieve a goal of 30% certified M/WBE participation for total private improvement construction expenditures for the Project, and meet all reporting requirements for each;and

L.

If necessary, the project deadline can be extended up to 6 months, subject to the Office of Economic Development Director’s and Sports Arena TIF District Board of Director’s approval.

Section 5. That should Victory Park UST Joint Venture I, LP, not perform one or more of the contingencies listed above, the City Manager is authorized to terminate the development agreement and disallow the total TIF Subsidy up to an amount not to exceed $825,100. Section 6. 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.


Exhibit A Olive Street Improvement Plan Â


Exhibit B Olive Street Public Improvement Project – TIF Budget   Description Tier Two Improvements Connectivity/Quality of Life Improvements – Olive St. Improvement Project Construction Costs Professional Services Construction Management Contingencies for Traffic Control and Unforeseen Contingencies Total TIF Funding Recommended

Amount

$553,000 $55,560 $50,000 $166,540 $825,100

The budget shown above outlines anticipated TIF reimbursements for the Olive Street Public Improvement Project. These reimbursements will be based on actual expenditures for project construction hard costs and construction related soft costs. Soft costs (non-construction related) and/or professional services contingency costs shall not exceed 20% of funds allocated to the Contingencies for Traffic Control and Unforeseen Contingencies line item of the project’s budget; the balance (80%) of the line item’s funds shall be used for construction contingency costs. Note: The amounts listed above may include engineering, construction, design, construction management, and contingency estimates. Construction management is solely intended to cover fees paid to an outside consultant or third party who confirms the quality of the work. Construction management fees must be invoiced with a detailed description of work performed.


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on October 28, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Seven, City of Dallas, Texas (“Sports Arena TIF District”) in accordance with the Tax Increment Financing Act, as amended, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the “Act”) to promote development and redevelopment through the use of tax increment financing by Ordinance No. 23688; as amended; and WHEREAS, on August 25, 1999, City Council authorized the Sports Arena Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24002; as amended; and WHEREAS, on May 23, 2012, City Council conducted a public hearing and received comments on amendments to the Sports Arena TIF District Project and Reinvestment Zone Financing Plans and authorized an ordinance amending Ordinance No. 23688, previously approved on October 28, 1998, and Ordinance No. 24002, previously approved on August 25, 1999, to (1) add two new sub-districts within the Sports Arena TIF District: (a) Riverfront Gateway Sub-district and (b) West Dallas Sub-district; (2) increase the geographical area of the Sports Arena TIF District to add approximately: (a) 4.5 acres to the Victory Sub-district (generally the original Sports Arena TIF District boundary); (b) 33 acres in the Riverfront Gateway Sub-district; and (c) 89.2 acres in the West Dallas Sub-district; (3) extend the termination date of the Sports Arena TIF District for a 10 year period from the City Council established termination date of December 31, 2018, to December 31, 2028, for the Victory Sub-district and establish a termination date for the Riverfront Gateway and West Dallas Sub-districts of December 31, 2042; (4) decrease the percentage of tax increment contributed by the City of Dallas during the extended term of the TIF District and establish other taxing jurisdictions participation percentages; (5) increase the Sports Arena TIF District budget from $25,498,568 NPV (approximately $46,961,785 total dollars) to $94,409,005 NPV (approximately $273,599,175 total dollars), an increase of $68,910,437 NPV (approximately $226,637,390 total dollars); (6) create an Economic Development TIF Grant Program within the District and adopt program guidelines; (7) make corresponding modifications to the Sports Arena TIF District map, budget and Project and Reinvestment Zone Financing Plans by Ordinance No. 28672; and WHEREAS, on June 27, 2012, City Council authorized a development agreement with Victory Park UST Joint Venture I, LP to reimburse costs related to planning efforts related to parking, vehicular and pedestrian circulation, place making and retail design for the Victory Sub-district of Tax Increment Financing Reinvestment Zone Seven (Sports Arena TIF District) in an amount not to exceed $400,000, by Resolution Nos. 12-1682 and 12-1683, as amended; and


COUNCIL CHAMBER

December 11, 2013 WHEREAS, on August 8, 2013, the Sports Arena TIF District Board of Directors reviewed and recommended approval of a development agreement with Victory Park UST Joint Venture I, LP, and TIF funding for the project not to exceed $825,100, to reimburse Olive Street Improvement Project costs; and WHEREAS, on October 7, 2013, the Economic Development Committee was briefed on the proposed Olive Street Improvement Project and recommended approval; and WHEREAS, in furtherance of the Sports Arena TIF District Project Plan and Reinvestment Zone Financing Plan, as amended, and to promote within the Sports Arena TIF District: (1) development and diversification of the economy, (2) elimination of unemployment and underemployment, and (3) development and expansion of commerce, the City desires to provide economic incentives to Victory Park UST Joint Venture I, LP, for the Olive Street Public Improvement Project in the Victory Sub-district of the Sports Arena TIF District; and WHEREAS, the expenditure of TIF funds supporting this agreement is consistent with promoting development and redevelopment of the Sports Arena TIF District in accordance with the purposes for its creation, the Cityâ&#x20AC;&#x2122;s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, as amended, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan, as amended, for the Sports Arena TIF District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes. Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the Project. The following is a general functional description of the Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description Olive Street Public Improvement Project in the Victory Sub-district of Reinvestment Zone Number Seven (Sports Arena TIF District)

Debt To Be Issued Not to exceed $825,100 as provided by the Project Plan and Reinvestment Zone Financing Plan


COUNCIL CHAMBER

December 11, 2013 Section 3. That the total Sports Arena TIF District TIF Subsidy for the Olive Street Public Improvement project shall not exceed an amount of $825,100, all in accordance with the terms of the said grant agreement. Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Sports Arena TIF District Fund and/or Tax Increment Bonds. Any funds expended under the grant agreement that remain unpaid upon termination of the Sports Arena TIF District, due to lack or unavailability of Sports Arena TIF District Funds shall no longer be considered project costs of the Sports Arena TIF District or the City and any obligation to pay Victory Park UST Joint Venture I, LP, shall automatically expire. 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.


AGENDA ITEMS # 68,69 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 J ________________________________________________________________

SUBJECT Sports Arena TIF District – Victory Sub-District *

Authorize a development agreement with Victory Park UST Joint Venture I, LP, to reimburse project costs for public infrastructure improvements to Victory Park Lane within the Victory Sub-district in an amount not to exceed $1,226,500, from revenues accruing to Tax Increment Financing Reinvestment Zone Seven (Sports Arena TIF District) – Not to exceed $1,226,500 - Financing: Sports Arena TIF District Funds

*

A resolution declaring the intent of Tax Increment Financing District Reinvestment Zone Number Seven (Sports Arena TIF District) to reimburse Victory Park UST Joint Venture I, LP, for Victory Park Lane Public Improvement Project costs pursuant to the development agreement with Victory Park UST Joint Venture I, LP – Financing: No cost consideration to the City

BACKGROUND On June 27, 2012, City Council authorized district wide technical studies for the Victory Sub-district within the Sports Arena TIF District. The studies focused on completing parking, traffic, vehicular and pedestrian circulation, place making and retail design studies related to public and private improvements within the sub-district and were completed in May of 2013. One of the recommendations of the study was reconfiguration of Victory Park Lane to create wider sidewalks, additional mid-block crossings and new pedestrian lights and amenities.


BACKGROUND (Continued) The Victory Park Lane Public Improvements Project will address these issues by: - removing existing raised medians and street lights; - modifying existing drainage system as required to support removal of medians; - widening sidewalks; - constructing raised mid-block crosswalks with sidewalk bulb-outs; - constructing end-of-block crosswalks; - modifying sidewalks at new street light and banner structures locations; - constructing foundation for new street light structures; - installing conduits to support street lights and communication infrastructure; and - installing streetscape irrigation, drainage and power. The primary goal of the project is to improve pedestrian movement by widening of the sidewalks and providing more area for outside dining and activity and enhance connectivity between the plaza outside of the American Airlines Center to the retail and residential development south of Olive Street, and the park in the south end of the District. The redesign will also calm vehicular traffic to increase pedestrian safety and encourage mid-block crossing. The proposed improvements are in conformance with the recommendations of the District wide studies. The total project cost for the Victory Park Lane Public Improvement project is $1,226,500. Victory Park UST Joint Venture I, LP will pay for the costs of the project improvement upfront and will be reimbursed from the TIF District upon completion and availability of TIF funding. The proposed TIF funding will reimburse the total cost of the project. ESTIMATED TIF GRANT TERM Project Start Date Project Completion Date

May 2014 December 2015

Agenda Date 12/11/2013 -page 2


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 23, 2012, City Council conducted a public hearing and received comments on amendments to the Sports Arena TIF District Project and Reinvestment Zone Financing Plans and authorized an ordinance amending Ordinance No. 23688, previously approved on October 28, 1998, and Ordinance No. 24002, previously approved on August 25, 1999, to: (1) add two new sub-districts within the Sports Arena TIF District: (a) Riverfront Gateway Sub-district and (b) West Dallas Sub-district; (2) increase the geographical area of the Sports Arena TIF District to add approximately: (a) 4.5 acres to the Victory Sub-district (generally the original Sports Arena TIF District boundary); (b) 33 acres in the Riverfront Gateway Sub-district; and (c) 89.2 acres in the West Dallas Sub-district; (3) extend the termination date of the Sports Arena TIF District for a 10 year period from the City Council established termination date of December 31, 2018, to December 31, 2028, for the Victory Sub-district and establish a termination date for the Riverfront Gateway and West Dallas Sub-districts of December 31, 2042; (4) decrease the percentage of tax increment contributed by the City of Dallas during the extended term of the TIF District and establish other taxing jurisdictions participation percentages; (5) increase the Sports Arena TIF District budget from $25,498,568 NPV (approximately $46,961,785 total dollars) to $94,409,005 NPV (approximately $273,599,175 total dollars), an increase of $68,910,437 NPV (approximately $226,637,390 total dollars); (6) create an Economic Development TIF Grant Program within the District and adopt program guidelines; and (7) make corresponding modifications to the Sports Arena TIF District map, budget and Project and Reinvestment Zone Financing Plans by Ordinance No. 28672. On June 27, 2012, City Council authorized a development agreement with Victory Park UST Joint Venture I, LP to reimburse costs related to planning efforts related to parking, vehicular and pedestrian circulation, place making and retail design for the Victory Sub-district of Tax Increment Financing Reinvestment Zone Seven (Sports Arena TIF District) in an amount not to exceed $400,000, by Resolution Nos. 12-1682 and 12-1683. On January 23, 2013, City Council authorized an amendment to the development agreement development agreement with Victory Park UST Joint Venture I, LP, for costs associated with district wide technical studies to increase the Economic Development grant amount from $400,000, to an amount not to exceed $700,000, by Resolution No. 13-0206. On August 8, 2013, the Sports Arena TIF District Board of Directors reviewed and recommended approval of a development agreement with Victory Park UST Joint Venture I, LP, and TIF funding for the project not to exceed $1,226,500, to reimburse the costs of the Victory Park Lane Public Improvements Project.

Agenda Date 12/11/2013 -page 3


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On October 8, 2013, the Economic Development Committee was briefed on the proposed Victory Park Lane Public Improvements Project and recommended approval. FISCAL INFORMATION $1,226,500 â&#x20AC;&#x201C; Sports Arena TIF District Funds DEVELOPER Victory Park UST Joint Venture I, LP Lance Fair, Vice President 3090 Olive Street, Ste. 210 Dallas, TX 75219 MAP Attached.

Agenda Date 12/11/2013 -page 4


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COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on October 28, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Seven, City of Dallas, Texas (“Sports Arena TIF District”) in accordance with the Tax Increment Financing Act, as amended, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the “Act”) to promote development and redevelopment through the use of tax increment financing by Ordinance No. 23688; as amended; and WHEREAS, on August 25, 1999, City Council authorized the Sports Arena Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24002; as amended; and WHEREAS, on May 23, 2012, City Council conducted a public hearing and received comments on amendments to the Sports Arena TIF District Project and Reinvestment Zone Financing Plans and authorized an ordinance amending Ordinance No. 23688, previously approved on October 28, 1998, and Ordinance No. 24002, previously approved on August 25, 1999, to: (1) add two new sub-districts within the Sports Arena TIF District: (a) Riverfront Gateway Sub-district and (b) West Dallas Sub-district; (2) increase the geographical area of the Sports Arena TIF District to add approximately: (a) 4.5 acres to the Victory Sub-district (generally the original Sports Arena TIF District boundary); (b) 33 acres in the Riverfront Gateway Sub-district; and (c) 89.2 acres in the West Dallas Sub-district; (3) extend the termination date of the Sports Arena TIF District for a 10 year period from the City Council established termination date of December 31, 2018, to December 31, 2028, for the Victory Sub-district and establish a termination date for the Riverfront Gateway and West Dallas Sub-districts of December 31, 2042; (4) decrease the percentage of tax increment contributed by the City of Dallas during the extended term of the TIF District and establish other taxing jurisdictions participation percentages; (5) increase the Sports Arena TIF District budget from $25,498,568 NPV (approximately $46,961,785 total dollars) to $94,409,005 NPV (approximately $273,599,175 total dollars), an increase of $68,910,437 NPV (approximately $226,637,390 total dollars); (6) create an Economic Development TIF Grant Program within the District and adopt program guidelines; and (7) make corresponding modifications to the Sports Arena TIF District map, budget and Project and Reinvestment Zone Financing Plans by Ordinance No. 28672; and WHEREAS, on June 27, 2012, City Council authorized a development agreement with Victory Park UST Joint Venture I, LP to reimburse costs related to planning efforts related to parking, vehicular and pedestrian circulation, place making and retail design for the Victory Sub-district of Tax Increment Financing Reinvestment Zone Seven (Sports Arena TIF District) in an amount not to exceed $400,000, by Resolution Nos. 12-1682 and 12-1683, as amended; and


COUNCIL CHAMBER

December 11, 2013 WHEREAS, on August 8, 2013, the Sports Arena TIF District Board of Directors reviewed and recommended approval of a development agreement with Victory Park UST Joint Venture I, LP, and TIF funding for the project not to exceed $1,226,500, to reimburse Victory Park Lane Public Improvement Project costs; and WHEREAS, on October 7, 2013, the Economic Development Committee was briefed on the proposed Victory Park Lane Public Improvement Project and recommended approval; and WHEREAS, in furtherance of the Sports Arena TIF District Project Plan and Reinvestment Zone Financing Plan, as amended, and to promote within the Sports Arena TIF District: (1) development and diversification of the economy, (2) elimination of unemployment and underemployment, and (3) development and expansion of commerce, the City desires to provide economic incentives to Victory Park UST Joint Venture I, LP, for the Victory Park Lane Public Improvement Project in the Victory Sub-district of the Sports Arena TIF District, as depicted in the project’s Concept Plan attached hereto as Exhibit A; and WHEREAS, the expenditure of TIF funds supporting this agreement is consistent with promoting development and redevelopment of the Sports Arena TIF District in accordance with the purposes for its creation, the City’s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, as amended, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan, as amended, for the Sports Arena TIF District. 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 a development agreement with Victory Park UST Joint Venture I, LP, and the City of Dallas, on behalf of the Sports Arena TIF District for the Victory Park Lane Public Improvement project and that Victory Sub-district TIF revenues in an amount not to exceed $1,226,500 are hereby dedicated to the project costs associated with the Victory Park Lane Public Improvement project, as show in Exhibit B – TIF Budget – Eligible Project Costs. These costs include but are not limited design engineering, professional services, environmental remediation, demolition, utilities and open space/connectivity improvements associated with the Victory Park Lane Public Improvement Project. Section 2. That the City Controller is hereby authorized to encumber and disburse funds from future tax increments generated in the Victory Sub-district of the zone and subject to future appropriations from:


COUNCIL CHAMBER

December 11, 2013 Section 2. (Continued) Fund 0038, Department ECO, Unit P843, Object 4111, Activity SATI, CT ECOP843A243-01, Program No. SATIF0002, Vendor No. VS0000071920, in an amount not to exceed $84,800; Fund 0038, Department ECO, Unit P843, Object 4116, Activity SATI, CT ECOP843A243-02, Program No. SATIF0002, Vendor No. VS0000071920, in an amount not to exceed $70,000; Fund 0038, Department ECO, Unit P843, Object 4510, Activity SATI, CT ECOP843A243-03, Program No. SATIF0002, Vendor No. VS0000071920, in an amount not to exceed $842,500; and Fund 0038, Department ECO, Unit P843, Object 4599, Activity SATI, CT ECOP843A243-04, Program No. SATIF0002, Vendor No. VS0000071920, in an amount not to exceed $229,200; and For a total not to exceed $1,226,500. Section 3. That nothing in the resolution shall be construed to require the City to approve future dedications of Sports Arena TIF revenues (the “TIF Subsidy”) from any source of the City funds other than the Victory Sub-district’s Sports Arena TIF District Fund. Any portion of the TIF Grant that remains unpaid due to lack or unavailability of Sports Arena TIF District Funds shall no longer be considered project costs of the Sports Arena TIF District or the City and the obligation of the Sports Arena TIF District to pay Victory Park UST Joint Venture I, LP, shall automatically expire. Section 4. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed or occur: A.

A Minimum $1,226,500 in Project costs funded by Developer. Eligible project costs include construction costs (hard and soft) paid, payable or actually incurred by or on behalf of the Developer, with respect to the Project improvements. Construction related soft costs can include the following items: architecture and engineering, design, testing and inspection fees paid to a third party consultant, and construction management fees paid to a third party consultant. Carrying or other similar costs shall not be considered toward this definition of project costs. The Developer must provide verification of all expenditures.


COUNCIL CHAMBER

December 11, 2013 Section 4. (Continued) B. Soft costs (non-construction related) and/or professional services contingency costs shall not exceed 20% of funds allocated to the Contingencies for Traffic Control and Unforeseen Contingencies line item of the project’s budget; the balance (80%) of the line item’s funds shall be used for construction contingency costs. C. Project shall include (for the entire length of Victory Park Lane): a. Removal of the existing raised medians and street lights; b. Modification to existing drainage system as required to support removal of medians; c. Relocation of granite curbs and widening of sidewalks; d. Extension of parallel parking delineator paver strips; e. Construction of two raised mid-block crosswalks with sidewalk bulb-outs; f. Construction of three end-of-block crosswalks; g. Modification of barrier-free curb ramps and sidewalks as required to support new crosswalks; h. Modification of sidewalks at new street light and banner structures locations; i. Construction of foundation for the new street light and installation of the structures; j. Installation of conduits to support street lights and communication infrastructure; and k. Installation of street furniture, surface landscape, raised landscape planters, irrigation, drainage and power. D. Obtain approval of construction Plans, Specifications and Estimate (PS&E) package from the City, execute 3-way Private Development Contract and Start Construction of the Project within 24 weeks after the City Council approval of the project but shall be completed no later than December 31, 2015. The 24-week period is contingent on the City review process of the PS&E package; E. Obtain a building permit and start construction of the Project by May 31, 2014; F. Execute an Operating and Maintenance agreement for “non-standard” public infrastructure improvements constructed with the Victory Park Lane Improvement project for a period not to exceed 20 years no later than December 31, 2015. Non-standard improvements are defined as improvements which exceed the City of Dallas’ standard design requirements, as determined by the City’s Department of Public Works and shall include specially designed street/pedestrian lighting, brick pavers, sidewalks, pavement materials, landscaping and irrigation. Upon approval of the Director, the Operation and Maintenance Agreement may be assigned to another entity and this entity shall assume all requirements of the agreement;


COUNCIL CHAMBER

December 11, 2013 Section 4. (Continued) G. Sign leases for a minimum of 20,000 square feet of total net leasable square footage of vacant retail space located along Victory Park Lane or adjacent to the park in Victory Park, from the date hereof until 12 months following completion; H. Prior to the TIF Board’s consideration, review of the Project’s design by the Urban Design Peer Review Panel (UDPRP), an independent group of design, engineering, and/or planning professionals selected by the Dallas City Manager, is required for all Victory Sub-district projects. The UDPRP shall review and provide recommendations on the Project’s design to the TIF Board for their consideration. The Project’s design plans shall include: a. A site plan showing the location of parcel boundaries clearly differentiating publically accessible space form private space; b. A pedestrian lighting plan for the site using lighting acceptable to the City and spaced at approximately 75 feet unless otherwise required by the City’s Department of Public Works. This lighting plan is required for all public and private streets included in the project; and c. A sidewalk plan for the project. Sidewalks with high anticipated levels of pedestrian traffic shall be designed to accommodate the traffic. The sidewalks shall have a minimum 7 foot walking zone and a minimum 3 foot landscaping and lighting zone, where possible. Landscaping and pedestrian lights shall be placed in the area closest to the back of curb for the length of the sidewalk. The plan shall show the location and type of all landscaping materials. I. Construction of Project improvements shall be in general conformance with design plans approved by the Sports Arena TIF Board of Directors and Dallas City Council; J. Developer shall submit to the Director of the Office of Economic Development a quarterly status report, including initial table showing leasable vacant retail space on Victory Park Lane, for ongoing work on the project, as well as public improvements. Status reports will be due once every three months after the Council approval date; K. Comply with the Business Inclusion and Development (“BID”) goal of thirty percent (30%) Minority/Women-owned Business Enterprise (M/WBE) participation for TIF reimbursable improvements, and the Developer shall make a good faith effort to achieve a goal of 30% certified M/WBE participation for total private improvement construction expenditures for the Project, and meet all reporting requirements for each; and L. If necessary, the project deadline can be extended up to 6 months, subject to the Office of Economic Development Director’s and Sports Arena TIF District Board of Director’s approval.


COUNCIL CHAMBER

December 11, 2013 Section 5. That should Victory Park UST Joint Venture I, LP, not perform one or more of the contingencies listed above, the City Manager is authorized to terminate the development agreement and disallow the total TIF Subsidy up to an amount not to exceed $1,226,500. Section 6. 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.


Exhibit A Victory Park Lane Improvement Plan Â


Exhibit B Victory Park Lane Public Improvement Project – TIF Budget   Description Tier Two Improvements Connectivit y/Quality of Life Improvements – Victory Park Lane Improvement Project Construction Cost Professional Services Construction Management Contingencies for Traffic Control and Unf oreseen Conditions Total TIF Funding Recommended

Amount

$842,500 $84,800 $70,000 $229,200 $1,226,500

The budget shown above outlines anticipated TIF reimbursements for the Victory Park Lane Public Improvement Project. These reimbursements will be based on actual expenditures for project construction hard costs and construction related soft costs. Soft costs (non-construction related) and/or professional services contingency costs shall not exceed 20% of funds allocated to the Contingencies for Traffic Control and Unforeseen Contingencies line item of the project’s budget; the balance (80%) of the line item’s funds shall be used for construction contingency costs. Note: The amounts listed above may include engineering, construction, design, construction management, and contingency estimates. Construction management is solely intended to cover fees paid to an outside consultant or third party who confirms the quality of the work. Construction management fees must be invoiced with a detailed description of work performed.


COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on October 28, 1998, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Seven, City of Dallas, Texas (“Sports Arena TIF District”) in accordance with the Tax Increment Financing Act, as amended, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the “Act”) to promote development and redevelopment through the use of tax increment financing by Ordinance No. 23688; as amended; and WHEREAS, on August 25, 1999, City Council authorized the Sports Arena Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 24002; as amended; and WHEREAS, on May 23, 2012, City Council conducted a public hearing and received comments on amendments to the Sports Arena TIF District Project and Reinvestment Zone Financing Plans and authorized an ordinance amending Ordinance No. 23688, previously approved on October 28, 1998, and Ordinance No. 24002, previously approved on August 25, 1999, to: (1) add two new sub-districts within the Sports Arena TIF District: (a) Riverfront Gateway Sub-district and (b) West Dallas Sub-district; (2) increase the geographical area of the Sports Arena TIF District to add approximately: (a) 4.5 acres to the Victory Sub-district (generally the original Sports Arena TIF District boundary); (b) 33 acres in the Riverfront Gateway Sub-district; and (c) 89.2 acres in the West Dallas Sub-district; (3) extend the termination date of the Sports Arena TIF District for a 10 year period from the City Council established termination date of December 31, 2018, to December 31, 2028, for the Victory Sub-district and establish a termination date for the Riverfront Gateway and West Dallas Sub-districts of December 31, 2042; (4) decrease the percentage of tax increment contributed by the City of Dallas during the extended term of the TIF District and establish other taxing jurisdictions participation percentages; (5) increase the Sports Arena TIF District budget from $25,498,568 NPV (approximately $46,961,785 total dollars) to $94,409,005 NPV (approximately $273,599,175 total dollars), an increase of $68,910,437 NPV (approximately $226,637,390 total dollars); (6) create an Economic Development TIF Grant Program within the District and adopt program guidelines; and (7) make corresponding modifications to the Sports Arena TIF District map, budget and Project and Reinvestment Zone Financing Plans by Ordinance No. 28672; and WHEREAS, on June 27, 2012, City Council authorized a development agreement with Victory Park UST Joint Venture I, LP to reimburse costs related to planning efforts related to parking, vehicular and pedestrian circulation, place making and retail design for the Victory Sub-district of Tax Increment Financing Reinvestment Zone Seven (Sports Arena TIF District) in an amount not to exceed $400,000, by Resolution Nos. 12-1682 and 12-1683, as amended; and


COUNCIL CHAMBER

December 11, 2013 WHEREAS, on August 8, 2013, the Sports Arena TIF District Board of Directors reviewed and recommended approval of a development agreement with Victory Park UST Joint Venture I, LP, and TIF funding for the project not to exceed $1,226,500, to reimburse Victory Park Lane Public Improvement Project costs; and WHEREAS, on October 7, 2013, the Economic Development Committee was briefed on the proposed Victory Park Lane Public Improvement Project and recommended approval; and WHEREAS, in furtherance of the Sports Arena TIF District Project Plan and Reinvestment Zone Financing Plan, as amended, and to promote within the Sports Arena TIF District: (1) development and diversification of the economy, (2) elimination of unemployment and underemployment, and (3) development and expansion of commerce, the City desires to provide economic incentives to Victory Park UST Joint Venture I, LP, for the Victory Park Lane Public Improvement Project in the Victory Sub-district of the Sports Arena TIF District; and WHEREAS, the expenditure of TIF funds supporting this agreement is consistent with promoting development and redevelopment of the Sports Arena TIF District in accordance with the purposes for its creation, the Cityâ&#x20AC;&#x2122;s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, as amended, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan, as amended, for the Sports Arena TIF District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes. Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the Project. The following is a general functional description of the Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description Victory Park Lane Public Improvement Project in the Victory Sub-district of Reinvestment Zone Number Seven (Sports Arena TIF District)

Debt To Be Issued Not to exceed $1,226,500 as provided by the Project Plan and Reinvestment Zone Financing Plan


COUNCIL CHAMBER

December 11, 2013 Section 3. That the total Sports Arena TIF District TIF Subsidy for the Victory Park Lane Public Improvement project shall not exceed an amount of $1,226,500, all in accordance with the terms of the said grant agreement. Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Sports Arena TIF District Fund and/or Tax Increment Bonds. Any funds expended under the grant agreement that remain unpaid upon termination of the Sports Arena TIF District, due to lack or unavailability of Sports Arena TIF District Funds shall no longer be considered project costs of the Sports Arena TIF District or the City and any obligation to pay Victory Park UST Joint Venture I, LP, shall automatically expire. 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.


AGENDA ITEMS # 70,71 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 K, L ________________________________________________________________

SUBJECT Downtown Connection TIF District *

Authorize an amendment to Resolution No. 13-0895, previously approved on May 22, 2013, authorizing an amendment to the development agreement with Ricchi Dallas Investments, LLC, for the renovation of 1600 Pacific Avenue to extend the effective date of the project’s eligibility for reimbursement from December 31, 2013 to June 30, 2014 - Financing: No cost consideration to the City

*

Authorize an amendment to Resolution No. 13-0896, previously approved on May 22, 2013, authorizing an Economic Development Grant Agreement with First National Bank for TIF incentives associated with redevelopment of LTV Tower (1600 Pacific Avenue) and a Development Agreement with 1600 Pacific Landlord, LLC, for redevelopment of the LTV Tower to: (1) extend the effective date of the project’s eligibility for reimbursement from December 31, 2013 to June 30, 2014; (2) extend the building acquisition and project construction financing closing date from December 31, 2013 to June 30, 2014; (3) extend the project’s building/demolition permit and start of construction date from December 31, 2013 to June 30, 2014; (4) extend the final acceptance date of public infrastructure improvements from December 31, 2015, to June 30, 2016; and (5) extend the Operation and Maintenance agreement for public infrastructure improvements execution date from December 31, 2015 to June 30, 2016 - Financing: No cost consideration to the City

BACKGROUND On May 22, 2013, City Council authorized various agreements associated with the LTV Tower redevelopment project.


BACKGROUND (Continued) These agreements established deadlines for certain benchmarks to occur in the progression of the project. Since Council’s approval, First National Bank of Edinburg, the bank that held the note for the building, failed. On September 16, 2013, the Federal Deposit Insurance Corporation (FDIC) took over First National Bank of Edinburg (FNB). In the takeover, a portion of FNB’s assets and liabilities were assumed by Plains Capital Bank with the remainder of the assets, including the FNB's mortgage on the LTV Building were assumed by the FDIC as receiver. The bank takeover and subsequent negotiations with the FDIC necessitates an extension to allow the developer 1600 Pacific Landlord, LLC (parent company HRI Properties) time to close the financing for the redevelopment project. The following project deadlines are requested to be extended from December 31, 2013, to June 30, 2014 (6 months): -

effective date of the project’s eligibility for reimbursement building acquisition and project construction financing closing date building/demolition permit and start of construction date

The following project deadlines are requested to be extended from December 31, 2015 to June 30, 2016 (6 months): -

completion of construction and final acceptance date of public infrastructure improvements execution of an Operation and Maintenance agreement for public infrastructure improvements

To date, the developer has negotiated a Tri-Party agreement with the FDIC and Ricchi Dallas Investments, LLC, whereby at closing, the FDIC will release its first mortgage lien on the building in exchange for a cash payment plus a pledge of the TIF funding approved for the project. The developer has also applied for a building permit with the City on October 30, 2013, executed a franchise agreement with a hotel brand, received a term sheet for a construction/mini-permanent loan with a formal commitment expected by November 30, 2013, executed a term sheet with its equity partner and received a term sheet for its historic tax credit investor. The redeveloped building will include 171 hotel rooms with small meeting space and 186 luxury apartment units. Parking located within in the building on floors 2 through 4 will be dedicated to residents of the building, while parking space under the building will service hotel guests.

Agenda Date 12/11/2013 -page 2


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 8, 2005, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Eleven, (“Downtown Connection TIF District”) by Ordinance No. 26020, as amended. On August 29, 2005, City Council authorized the adoption of the Downtown Connection Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan (the “Project and Financing Plan”) by Ordinance No. 26096, as amended. On October 26, 2010, City Council authorized a development agreement with Ricchi Dallas Investments LLC, to dedicate future TIF revenues for eligible project costs related to environmental remediation and demolition and an Economic Development TIF Grant to provide funding for the redevelopment of 1600 Pacific Avenue in an amount not to exceed $12,870,200 ($8,830,000 plus interest in an amount not to exceed $4,040,200) in the form of a TIF Economic Development Grant by Resolution Nos. 10-2767 and 10-2768. On August 22, 2012, City Council authorized an amendment to the development agreement with Ricchi Dallas Investments, LLC, for the redevelopment of 1600 Pacific Avenue, previously approved on October 26, 2010, by Resolution Nos. 10-2767 and 10-2768, to extend the completion date of Stage 3 of the project from December 31, 2012 to December 31, 2013 by Resolution No. 12-2219. On March 21, 2013, the Downtown Connection TIF District Board of Directors reviewed and recommended approval of Supplemental Agreement No. 2, an amendment to the development agreement with Ricchi Dallas Investments, LLC for the redevelopment of 1600 Pacific Avenue to: (1) require only the completion of Stage 1 and a portion of Stage 2 work inclusive of renovation of elevator systems, roof, windows, restoration of the exterior of the building and installation of core components of a new heating and air conditioning system); (2) allow project’s eligibility for reimbursement to be effective upon acquisition and closing of a construction loan for the LTV Tower Building by 1600 Pacific Landlord, LLC; (3) establish an acquisition and project construction financing closing date; (4) establish that if 1600 Pacific Landlord, LLC, does not acquire and close construction financing for the LTV Tower Building by established acquisition and financing closing date, amendments (1) and (2) shall be void and the Certificate of Occupancy Date defined in the existing development agreement with Ricchi Dallas Investments, LLC, as amended, shall be extended.

Agenda Date 12/11/2013 -page 3


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On March 21, 2013, the Downtown Connection TIF District Board of Directors reviewed and recommended approval of: (1) a Development Agreement with 1600 Pacific Landlord, LLC, for the LTV Tower Redevelopment Project (addressed as 1600 Pacific Avenue) that includes completion of the remaining portions of Stage 2, and Stage 3 work removed from the development agreement with Ricchi Dallas Investments, LLC and finish out of the entire building with hotel and residential uses; (2) an Economic Development Grant Agreement with First National Bank for TIF incentives associated with the LTV Tower Redevelopment Project; and (3) dedication of TIF funding for the LTV Tower Redevelopment Project not to exceed $17,500,000. On April 15, 2013, the Economic Development Committee was briefed and recommended approval of: (1) Supplemental Agreement No. 2 amending the development agreement with Ricchi Dallas Investments, LLC; (2) a Development Agreement with 1600 Pacific Landlord, LLC for the LTV Tower Redevelopment Project; and (3) an Economic Development Grant Agreement with First National Bank for TIF incentives in an amount not to exceed $17,500,000 for the LTV Tower Redevelopment Project. ESTIMATED PROJECT SCHEDULE Project Start Date Project Completion Date

June 2014 June 2016

FISCAL INFORMATION No cost consideration to the City OWNER

DEVELOPER

Ricchi Dallas Investments LLC

HRI Properties

Leobardo Trevino, Owner

M. Pres Kabacoff, Chief Executive Officer

MAP Attached.

Agenda Date 12/11/2013 -page 4


LTV Tower Redevelopment Project

s


COUNCIL CHAMBER

December 11, 2013 WHEREAS, on June 8, 2005, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Eleven, City of Dallas, Texas (“Downtown Connection TIF District”) in accordance with the Tax Increment Financing Act, as amended, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the “Act”) to promote development and redevelopment in the Uptown and Downtown areas through the use of tax increment financing by Ordinance No. 26020; as amended; and WHEREAS, on August 29, 2005, City Council authorized the Downtown Connection Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 26096; as amended; and WHEREAS, on October 26, 2010, City Council authorized a development agreement with Ricchi Dallas Investments LLC, to dedicate future TIF revenues for eligible project costs related to environmental remediation and demolition and an Economic Development TIF Grant to provide funding for the redevelopment of 1600 Pacific Avenue in an amount not to exceed $12,870,200 ($8,830,000 plus interest in an amount not to exceed $4,040,200) in the form of a TIF Economic Development Grant by Resolution Nos. 10-2767 and 10-2768; and WHEREAS, on August 22, 2012, City Council authorized an amendment to the development agreement with Ricchi Dallas Investments, LLC, for the redevelopment of 1600 Pacific Avenue, previously approved on October 26, 2010 by Resolution Nos. 10-2767 and 10-2768, to extend the completion date of Stage 3 of the project from December 31, 2012 to December 31, 2013 by Resolution No. 12-2219; and WHEREAS, on May 22, 2013, City Council authorized Supplemental Agreement No. 2, amending the development agreement with Ricchi Dallas Investments, LLC, for the renovation of 1600 Pacific Avenue, previously approved on October 26, 2010 by Resolution Nos. 10-2767 and 10-2768, to: (1) require only the completion of Stage 1 and a portion of Stage 2 work inclusive of renovation of elevator systems, roof, windows, restoration of the exterior of the building and installation of core components of a new heating and air conditioning system); (2) allow project’s eligibility for reimbursement to be effective upon acquisition and closing of a construction loan for the LTV Tower Building by 1600 Pacific Landlord, LLC; (3) establish an acquisition and project construction financing closing date; (4) establish that if 1600 Pacific Landlord, LLC, does not acquire and close construction financing for the LTV Tower Building by established acquisition and financing closing date, amendments (1) and (2) shall be void and the Certificate of Occupancy Date defined in the existing development agreement with Ricchi Dallas Investments, LLC, as amended, shall be extended by Resolution No. 13-0895; and


COUNCIL CHAMBER

December 11, 2013 WHEREAS, on May 22, 2013, City Council authorized (1) a Development Agreement with 1600 Pacific Landlord, LLC, for the completion of remaining portions of Stage 2, and Stage 3 work removed from the development agreement with Ricchi Dallas Investments, LLC and finish out of the entire building with hotel and residential uses; (2) an Economic Development Grant Agreement with First National Bank for TIF incentives associated with redevelopment of the building by 1600 Pacific Landlord, LLC; and (3) the Downtown Connection TIF District Board of Directors to dedicate an amount not to exceed $17,500,000 from future Downtown Connection TIF District revenues in the form of a Economic Development TIF grant in accordance with the grant agreement by Resolution Nos. 13-0896 and 13-0897; and WHEREAS, the expenditure of TIF funds supporting this development is consistent with promoting development and redevelopment of the Downtown Connection TIF District in accordance with the purposes for its creation, the Cityâ&#x20AC;&#x2122;s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan for the Downtown Connection TIF District. 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 amendment to Resolution No. 13-0895, authorizing an amendment to the development agreement with Ricchi Dallas Investments, LLC, for the renovation of 1600 Pacific Avenue to extend the effective date of the projectâ&#x20AC;&#x2122;s eligibility for reimbursement from December 31, 2013 to June 30, 2014. Section 2. That all other terms, provisions, conditions, and obligations of Resolution No. 13-0895 shall remain in full force and effect. 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.


COUNCIL CHAMBER

December 11, 2013 WHEREAS, on June 8, 2005, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Eleven, City of Dallas, Texas (“Downtown Connection TIF District”) in accordance with the Tax Increment Financing Act, as amended, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the “Act”) to promote development and redevelopment in the Uptown and Downtown areas through the use of tax increment financing by Ordinance No. 26020; as amended; and WHEREAS, on August 29, 2005, City Council authorized the Downtown Connection Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 26096; as amended; and WHEREAS, on October 26, 2010, City Council authorized a development agreement with Ricchi Dallas Investments LLC, to dedicate future TIF revenues for eligible project costs related to environmental remediation and demolition and an Economic Development TIF Grant to provide funding for the redevelopment of 1600 Pacific Avenue in an amount not to exceed $12,870,200 ($8,830,000 plus interest in an amount not to exceed $4,040,200) in the form of a TIF Economic Development Grant by Resolution Nos. 10-2767 and 10-2768; and WHEREAS, on August 22, 2012, City Council authorized an amendment to the development agreement with Ricchi Dallas Investments, LLC, for the redevelopment of 1600 Pacific Avenue, previously approved on October 26, 2010 by Resolution Nos. 10-2767 and 10-2768, to extend the completion date of Stage 3 of the project from December 31, 2012 to December 31, 2013 by Resolution No. 12-2219; and WHEREAS, on May 22, 2013, City Council authorized Supplemental Agreement No. 2, amending the development agreement with Ricchi Dallas Investments, LLC, for the renovation of 1600 Pacific Avenue, previously approved on October 26, 2010 by Resolution Nos. 10-2767 and 10-2768, to: (1) require only the completion of Stage 1 and a portion of Stage 2 work inclusive of renovation of elevator systems, roof, windows, restoration of the exterior of the building and installation of core components of a new heating and air conditioning system); (2) allow project’s eligibility for reimbursement to be effective upon acquisition and closing of a construction loan for the LTV Tower Building by 1600 Pacific Landlord, LLC; (3) establish an acquisition and project construction financing closing date; (4) establish that if 1600 Pacific Landlord, LLC, does not acquire and close construction financing for the LTV Tower Building by established acquisition and financing closing date, amendments (1) and (2) shall be void and the Certificate of Occupancy Date defined in the existing development agreement with Ricchi Dallas Investments, LLC, as amended, shall be extended by Resolution No. 13-0895; and


COUNCIL CHAMBER

December 11, 2013 WHEREAS, on May 22, 2013, City Council authorized (1) a Development Agreement with 1600 Pacific Landlord, LLC, for the completion of remaining portions of Stage 2, and Stage 3 work removed from the development agreement with Ricchi Dallas Investments, LLC and finish out of the entire building with hotel and residential uses; (2) an Economic Development Grant Agreement with First National Bank for TIF incentives associated with redevelopment of the building by 1600 Pacific Landlord, LLC; and (3) the Downtown Connection TIF District Board of Directors to dedicate an amount not to exceed $17,500,000 from future Downtown Connection TIF District revenues in the form of a Economic Development TIF grant in accordance with the grant agreement by Resolution Nos. 13-0896 and 13-0897; and WHEREAS, the expenditure of TIF funds supporting this development is consistent with promoting development and redevelopment of the Downtown Connection TIF District in accordance with the purposes for its creation, the City’s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan for the Downtown Connection TIF District. 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 amendment to Resolution No. 13-0896 authorizing an Economic Development Grant Agreement with First National Bank for TIF incentives associated with redevelopment of LTV Tower (1600 Pacific Avenue) by 1600 Pacific Landlord, LLC, to (1) extend the effective date of the project’s eligibility for reimbursement from December 31, 2013 to June 30, 2014; and (2) extend the building acquisition and project construction financing closing date from December 31, 2013 to June 30, 2014. Section 2. That the City Manager, upon approval as to form by the City Attorney, is hereby authorized to execute an amendment to Resolution No. 13-0896 authorizing a Development Agreement with 1600 Pacific Landlord, LLC, for the redevelopment of LTV Tower (1600 Pacific Avenue) to: (1) extend the project’s building/demolition permit and start of construction date from December 31, 2013 to June 30, 2014; (2) completion of construction and final acceptance date of public infrastructure improvements from December 31, 2015, to June 30, 2016; and (3) execution of an Operation and Maintenance agreement for public infrastructure improvements from December 31, 2015 to June 30, 2016.


COUNCIL CHAMBER

December 11, 2013 Section 3. That all other terms, provisions, conditions, and obligations of Resolution No. 13-0896 shall remain in full force and effect. 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 # 72 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 P ________________________________________________________________

SUBJECT Authorize Supplemental Agreement No. 2 to the development agreement with SANTA FE IV HOTEL, L.P., for the redevelopment of 1033 Young Street (Aloft Hotel) to revise the TIF award for the project to a fixed amount not to exceed $3,734,419 - Not to exceed $3,734,419 - Financing: Downtown Connection TIF District Funds BACKGROUND The Aloft Hotel TIF project was completed May of 2010. Current Dallas County Appraisal District (DCAD) assessed value (stabilized) for the project is $13.7M, which is 87% of Staff’s original estimated value for the project, $15.8M. Staff has proposed and the developer has agreed to a reduced TIF award of $3,734,419, which is 87% of the developer’s requested amendment. This results in a cost savings of $559,845 from the budgeted TIF expenditure. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 8, 2004, City Council adopted the revised Public/Private Partnership Guidelines and Criteria governing tax abatement agreements and other incentive programs, including infrastructure cost participation, development fee rebates, public improvement districts, and tax increment financing districts by Resolution No. 04-3462. On June 8, 2005, City Council authorized the establishment of the Downtown Connection TIF District to promote development and redevelopment in the Uptown and Downtown areas through the use of tax increment financing by Ordinance No. 26020.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On June 8, 2005, City Council authorized sponsoring the Downtown Dallas Development Authority (DDDA) as a local government corporation to promote the City, including the development of the geographic areas of the City included within the City Center TIF District and the Downtown Connection TIF District and authorizes the City Manager to file the DDDA articles of incorporation with the Secretary of State by Resolution No. 05-1755. On September 13, 2006, City Council authorized (1) a development agreement with SANTA FE IV HOTEL, L.P., to provide funding for historic facade renovation, environmental remediation, interior and exterior demolition and other related TIF-eligible expenditures for the redevelopment of Santa Fe IV building located at 1033 Young Street in Tax Increment Financing Reinvestment Zone Eleven (Downtown Connection TIF District); and (2) the Downtown Connection TIF Board of Directors to dedicate future tax increment revenue of the Downtown Connection TIF District in an amount not to exceed the Lesser of (a) 20 percent of the added DCAD value one year after project completion 1033 Young Street, or, (b) $4,296,264 for TIF-eligible expenditures, by Resolution Nos. 06-2441 and 06-2442. On April 25, 2007, City Council authorized amendments to Resolution No. 06-2441, previously approved on September 13, 2006, for the redevelopment of the Santa Fe IV building located at 1033 Young Street in the Downtown Connection TIF District to (a) remove the residential requirement and increase the number of hotel rooms from 116 to 195, (b) define allowable expenditures for private investment, (c) extend the date to receive Landmark Commission review from March 31, 2007 to December 31, 2007, and (d) include Hamilton 1033 LLC and SANTA FE IV HOTEL, L.P., along with Santa Fe Lofts IV LP, as party to the development agreement, by Resolution No. 07-1307. On August 11, 2010, City Council authorized a development agreement amendment to: (1) adjust the valuation year to the earlier of: (a) tax year 2013, or (b) the year in which the TIF Funding becomes available for project reimbursement; (2) update the listing of projects to be funded; and (3) update and replace Exhibit F to reflect the revisions made to the administration of future available TIF revenues in accordance with the Modified Queue System approved by the Downtown Connection TIF District Board of Directors on September 30, 2009, by Resolution No. 10-1946. On November 14, 2013, the Downtown Connection TIF District Board of Directors reviewed and recommended approval of an amendment to the development agreement with SANTA FE IV HOTEL, L.P., for the redevelopment of 1033 Young Street to revise the TIF award for the project to a fixed amount not to exceed $3,734,419. On December 2, 2013, the Economic Development Committee reviewed a memo on the development agreement amendment and recommended approval.

Agenda Date 12/11/2013 - page 2


FISCAL INFORMATION $3,734,419 â&#x20AC;&#x201C; Downtown Connection TIF District Funds OWNER

DEVELOPER

SANTA FE IV HOTEL, L.P.

SANTA FE IV HOTEL, L.P.

Lawrence Hamilton Manager

Lawrence Hamilton Manager

MAP Attached.

Agenda Date 12/11/2013 - page 3


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Rail Station DART Red Line DART Blue Line DART Green Line DART Orange Line Trinity Railway Express

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COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development; and WHEREAS, on June 8, 2005, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Eleven, City of Dallas, Texas (“Downtown Connection TIF District”) in accordance with the Tax Increment Financing Act, as amended, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the “Act”) to promote development and redevelopment in the Uptown and Downtown areas through the use of tax increment financing by Ordinance No. 26020; as amended; and WHEREAS, on August 29, 2005, City Council authorized the Downtown Connection Tax Increment Financing District Project Plan and Reinvestment Zone Financing Plan by Ordinance No. 26096; as amended; and WHEREAS, on September 13, 2006, City Council authorized (1) a development agreement with Santa Fe Lofts IV LP, to provide funding for historic facade renovation, environmental remediation, interior and exterior demolition and other related TIF-eligible expenditures for the redevelopment of Santa Fe IV building located at 1033 Young Street in Tax Increment Financing Reinvestment Zone Eleven (Downtown Connection TIF District); and (2) the Downtown Connection TIF Board of Directors to dedicate future tax increment revenue of the Downtown Connection TIF District in an amount not to exceed the Lesser of (a) 20 percent of the added DCAD value one year after project completion on 1033 Young Street, or, (b) $4,296,264 for TIF-eligible expenditures, by Resolution Nos. 06-2441 and 06-2442; and WHEREAS, on April 25, 2007, City Council authorized amendments to Resolution No. 06-2441, previously approved on September 13, 2006, for the redevelopment of the Santa Fe IV building located at 1033 Young Street in the Downtown Connection TIF District to (a) remove the residential requirement and increase the number of hotel rooms from 116 to 195, (b) define allowable expenditures for private investment, (c) extend the date to receive Landmark Commission review from March 31, 2007 to December 31, 2007, and (d) include Hamilton 1033 LLC and Santa Fe IV Hotel, L.P., along with Santa Fe Lofts IV LP, as party to the development agreement, by Resolution No. 07-1307; and WHEREAS, on August 11, 2010, City Council authorized a development agreement amendment to: (1) adjust the valuation year to the earlier of: (a) tax year 2013, or (b) the year in which the TIF Funding becomes available for project reimbursement; (2) update the listing of projects to be funded; and (3) update and replace Exhibit F to reflect the revisions made to the administration of future available TIF revenues in accordance with the Modified Queue System approved by the Downtown Connection TIF District Board of Directors on September 30, 2009, by Resolution No. 10-1946; and


COUNCIL CHAMBER

December 11, 2013 WHEREAS, on November 14, 2013, the Downtown Connection TIF District Board of Directors reviewed and recommended approval of an amendment to the development agreement with Sante Fe IV Hotel, L.P., for the redevelopment of 1033 Young Street to revise the TIF award for the project to a fixed amount not to exceed $3,734,419; and WHEREAS, the expenditure of TIF funds supporting this development is consistent with promoting development and redevelopment of the Downtown Connection TIF District in accordance with the purposes for its creation, the Cityâ&#x20AC;&#x2122;s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan for the Downtown Connection TIF District; and WHEREAS, in furtherance of the Downtown Connection TIF District Project Plan and Reinvestment Zone Financing Plan and to promote within the Downtown Connection TIF District: (1) development and diversification of the economy, (2) elimination of unemployment and underemployment, and (3) development and expansion of commerce, the City desires to provide economic incentives to the Owner for the development/ redevelopment of the Santa Fe IV project located at 1033 Young Street in the Downtown Connection TIF District; and WHEREAS, the expenditure of TIF funds supporting this development is consistent with promoting development and redevelopment of the Downtown Connection TIF District in accordance with the purposes for its creation, the Cityâ&#x20AC;&#x2122;s revised Public/Private Partnership Guidelines and Criteria, the ordinance adopted by the City Council approving the Project and Financing Plan, and is for the purpose of making public improvements consistent with and described in the Project and Financing Plan for the Downtown Connection TIF District. 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 Supplemental Agreement No. 2 to the development agreement with Santa Fe IV Hotel, L.P. for the redevelopment of 1033 Young Street to revise the TIF award for the project to a fixed amount not to exceed $3,734,419. Section 2. That all other terms, provisions, conditions, and obligations of the development agreement between the City and Santa Fe IV Hotel, L.P. for the redevelopment of 1033 Young Street, as amended, shall remain in full force and effect.


COUNCIL CHAMBER

December 11, 2013 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 # 73 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Housing/Community Services

CMO:

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

MAPSCO:

43F 43M ________________________________________________________________

SUBJECT Authorize an affordable housing development conditional grant in the amount of $180,000 to Builders of Hope CDC, a City of Dallas Community Housing Development Organization (CHDO), for the construction of six single family homes in West Dallas with HOME Investment Partnership funds â&#x20AC;&#x201C; Not to exceed $180,000 - Financing: 2013-14 HOME Investment Partnership Program Grant Funds BACKGROUND In September 2013, Builders of Hope CDC submitted a proposal to the City of Dallas for the construction of six (6) affordable housing units located on scattered sites throughout West Dallas. The proposal requested $30,000 per home in construction financing leveraged with $85,000 per home from the Rees-Jones Foundation for the construction of the homes. In October 2013, Builders of Hope CDC was certified as a City of Dallas Community Housing Development Organization (CHDO). As a CHDO, Builders of Hope CDC has a vested interest in the community and the City of Dallas. The funds for the forgivable loan will be provided through FY 2013-14 HOME Investment Partnership Program Funds from the Department of Housing and Urban Development (HUD) which the City Council appropriated for housing developments such as this. The new construction should be complete within two years with occupancy within the same two years. City Council approval of this agenda item will authorize the City Manager to execute the conditional grant agreement with Builders of Hope CDC for $180,000 in HOME Investment Partnership Funds, subject to environmental clearance by the City of Dallas and HUD. The conditional grant agreement will provide two (2) years for the new construction and sale of these units.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) 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. On December 2, 2013, the Housing Committee was briefed on the Builders of Hope CDC project. FISCAL INFORMATION 2013-14 - HOME Investment Partnership Program Grant Funds - $180,000 DEVELOPER Builders of Hope CDC Norman Henry, President MAP(s) Attached

Agenda Date 12/11/2013 - page 2


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COUNCIL CHAMBER

December 11, 2013 WHEREAS, affordable housing is a high priority of the City of Dallas; and WHEREAS, on June 26, 2013, the City Council approved the FY 2013-14 Consolidated Plan Budget which included the HOME Investment Partnership Program Funds by Resolution No. 13-1142; and WHEREAS, on December 2, 2013, the Housing Committee was briefed on the West Dallas affordable housing scattered sites project; and WHEREAS, the City desires to develop affordable housing units in West Dallas; 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 execute documents for an affordable housing development conditional grant in the amount of $180,000 to Builders of Hope CDC, a City of Dallas Community Housing Development Organization (CHDO), for construction gap financing of six (6) single family scattered sites in West Dallas with HOME Investment Partnership funds. Section 2. The terms of the grant agreement include: (a) Builders of Hope CDC must execute a note payable to the City of Dallas for $180,000 for performance. (b) Builders of Hope CDC must construct and sell the six (6) affordable units to low-income households with incomes at or below 80% of area median family income. (c) Builders of Hope CDC will execute a Deed of Trust and a Deed Restriction on the property which will carry a 10 year term for the affordable units. th (d) Builders of Hope CDC will be forgiven 1/6 of the lien as each unit sells to a qualified homebuyer. (e) Builders of Hope CDC will have two (2) years to fully complete the project. 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 Builders of Hope CDC as follows: FUND DEPT UNIT HM13 HOU 236F

OBJ CT 3016 HOU236FA037

VENDOR 337558

AMOUNT $180,000


COUNCIL CHAMBER

December 11, 2013 Section 4. That the City Controller is hereby authorized to set up receivable balance sheet account (033F) and 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 provisions of the Charter of the City of Dallas, and is accordingly so resolved.


AGENDA ITEM # 74 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

7

DEPARTMENT:

Housing/Community Services

CMO:

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

MAPSCO:

46P ________________________________________________________________

SUBJECT Authorize an amendment to Resolution No. 12-0167, previously approved on January 11, 2012, to (1) increase housing development funding for Urban Mixed Use, LLC, by $650,000, from $500,000 to $1,150,000; (2) extend the construction start date from June 2012 to June 2014; and (3) require the additional $650,000 as a conditional 10 year forgivable loan - Not to exceed $650,000 - Financing: General Obligation Commercial Paper Funds BACKGROUND Urban Mixed Use, LLC (Urban Mixed Use) owns 6 acres of land bounded by the DART green line, Park Row, and JB Jackson, Jr. Blvd which it wishes to develop. Phase I of this development, at 3221 Elihu Street, will include a 38 unit apartment complex with 6 one-bedroom units and 32 two-bedroom units. The units will be leased to households with incomes at or below 140% of area median family income. The total Phase I development project budget will be approximately $4,000,000. Urban Mixed Use is owned by Floydell, Devin, and Durand Hall. The Hall family has been in the demolition, asbestos abatement, planning and construction business for over 30 years in the City of Dallas. On January 11, 2012, City Council approved a conditional grant from FY06 Bond proceeds in the amount of $500,000 to Urban Mixed Use for the construction of 38 multi-family residential units at 3221 Elihu Street as part of the master plan for the area and $200,000 in Community Challenge HUD grant funds for eligible planning and preconstruction activities for Phases I, II, III and IV. Despite the initial commitment of $500,000 from the City, Urban Mixed Use had been unable to obtain financing for the entire project budget. Spirit Bank of Texas has committed $2 million leaving a gap of $650,000. In order to complete financing for the Phase 1 development, Urban Mixed Use is requesting an additional $650,000 as a conditional loan for gap financing for construction of the 38 multifamily units.


BACKGROUND (continued) Urban Mixed Use conditional loan will require leasing the residential housing to persons at 140% or less of area median family income. Urban Mixed Use will be required to file deed restrictions and a lien on the property in order to assure its redevelopment in accordance with these terms. Other phases of the development will include a walking path to provide access to the DART station, an additional 30 unit multi-family unit (Phase II), and two mixed-use buildings (Phases III and IV). The first mixed use building (Phase III) is proposed to contain 60 apartments and 12,000 sq ft for commercial use; the second mixed use building (Phase IV) is projected to include 110 apartments and 28,000 sq ft of commercial space. Phase II is estimated to cost $3.68 million; Phase III is estimated to cost $12.26 million and Phase IV is estimated to cost $22.67 million. The total development cost will be approximately $43 million. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 9, 2006, the City Council approved an ordinance ordering a bond election to be held in the City of Dallas on November 7, 2006, for the purpose of submitting propositions for the issuance of general obligation bonds for funding permanent public improvements. On December 12, 2007, the City Council approved an amendment to the Public/Private Partnership Program to include a special category for an Economic Development General Obligation Bond Program for Southern Dallas. On January 26, 2011, the City Council authorized an application for, acceptance of and the establishment of appropriations for the Community Challenge Planning Grant Funds from the U.S. Department of Housing and Urban Developmentâ&#x20AC;&#x2122;s Office of Sustainable Housing and Communities for planning and land acquisition related to affordable housing and Transit Oriented Development by Resolution No. 11-0260. On January 11, 2012, the City Council authorized approval of a conditional grant agreement in the amount of $500,000 in 2006 Proposition 8 Bond Funds to Urban Mixed Use, LLC for the purpose of constructing residential development as part of the Economic Development Plan of the JB Jackson Transit Area by Resolution No. 12-0167. On August 1, 2012, the City Council approved an ordinance ordering a bond election to be held in the City of Dallas on November 7, 2012, for the purpose of submitting propositions for the issuance of general obligation bonds for funding permanent public improvements.

Agenda Date 12/11/2013 - page 2


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (continued) On November 4, 2013, the Housing Committee was briefed on the Urban Mixed Use, LLC Redevelopment as part of the Economic Development Plan for the JB Jackson Transit Area. FISCAL INFORMATION $650,000 - 2012 Bond Program (General Obligation Commercial Paper Funds) OWNERS Urban Mixed Use, LLC Devin Hall, General Manager MAP(S) Attached

Agenda Date 12/11/2013 - page 3


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COUNCIL CHAMBER

December 11, 2013 WHEREAS, the City of Dallas seeks to increase the supply of new affordable workforce housing in order to attract and retain economic growth; and WHEREAS, on August 9, 2006, the City Council approved an ordinance ordering a bond election to be held in the City of Dallas on November 7, 2006, for the purpose of submitting propositions for the issuance of general obligation bonds for funding permanent public improvements; and WHEREAS, on November 7, 2006, the voters of Dallas approved a $1.35 billion General Obligation Bond Program of which $41,495,000 was set aside for the purpose of providing funds for promoting economic development in the Southern area of the city, and promoting economic development in other areas of the city in connection with transit-oriented development; and WHEREAS, on January 11, 2012, the City Council authorized approval of a conditional grant agreement in the amount of $500,000 in 2006 Proposition 8 Bond Funds to Urban Mixed Use, LLC for the purpose of constructing residential development as part of the Economic Development Plan of the JB Jackson Transit Area; and WHEREAS, on August 1, 2012, the City Council approved an ordinance ordering a bond election to be held in the City of Dallas on November 7, 2006, for the purpose of submitting propositions for the issuance of general obligation bonds for funding permanent public improvements; and WHEREAS, on November 6, 2012, the voters of Dallas approved a $600 million General Obligation Bond Program of which $55 million was set aside for the purpose of providing funds for promoting economic development in the Southern area of the city, and promoting economic development in other areas of the city in connection with transit-oriented development; and WHEREAS, on November 4, 2013, the Housing Committee of the City Council was briefed on the Hall Family Redevelopment as part of the Economic Development Plan for the JB Jackson Transit Area; and WHEREAS, Urban Mixed Use, LLC requests an additional $650,000 conditional loan to develop a 38 unit multifamily residential complex as part of the master plan for the area; and WHEREAS, the City desires to loan the additional $650,000 Urban Mixed Use, LLC for the purpose of constructing a 38 unit multifamily residential complex as Phase 1 of the master plan for the area; NOW, THEREFORE,


COUNCIL CHAMBER

December 11, 2013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager or designee, upon approval as to form by the City Attorney, is hereby authorized to amend Resolution No. 12-0167, previously approved on January 11, 2012, to (1) increase housing development funding for Urban Mixed Use, LLC, by $650,000, from $500,000 to $1,150,000; (2) extend the construction start date from June 2012 to June 2014; and (3) require the additional $650,000 as a conditional 10 year forgivable loan. Section 2. That the conditional loan agreement is hereby expressly made subject to all of the following contingencies which must be performed or occur: A. Urban Mixed Use, LLC will invest a minimum of $400,000 into the Project B. Project shall contain a minimum of 38 units C. Urban Mixed Use, LLC must present documentation that all renters have incomes at or below 140% of Area Median Family Income through full lease-up D. Urban Mixed Use, LLC shall begin construction by June 2014 E. Urban Mixed Use, LLC shall make best efforts to promote the hiring of neighborhood residents for any new jobs created F. Urban Mixed Use, LLC must execute a Deed of Trust Lien and Deed Restrictions on the property for the additional $650,000 which will carry a th 10 year term forgiven annually at 1/10 per year. G. Urban Mixed Use LLC will have one year to fully complete construction Section 3. That the Controller is hereby authorized to encumber and disburse funds in accordance with the terms and conditions of the contracts as follows: Urban Mixed Use, LLC

Vendor # VS0000067379

Fund 2U53, Dept. HOU, Unit S803, Object Code 3015, Program # JacksonTR CT HOUS803B049 - in an amount not to exceed $650,000 Section 4. That the City Controller is hereby authorized to set up receivable balance sheet account (033F) and an allowance for uncollectible debt (022D) in fund 2U53 for the amount of the loan. Section 5. That nothing in this resolution shall be construed as a binding contract or agreement upon the City, that it is subject to available bond funding, and there will be no liability or obligation on the City until final contract documents are approved, executed, and final closing completed.


COUNCIL CHAMBER

December 11, 2013 Section 6. 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 # 75 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

9

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

38 D

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a CS Commercial Service District and a resolution accepting deed restrictions volunteered by the applicant on property zoned a CR Community Retail District on the northwest corner of Barnes Bridge Road and El Capitan Drive Recommendation of Staff and CPC: Approval, subject to deed restrictions volunteered by the applicant Z123-225(MW)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa O’Donnell

FILE NUMBER: Z123-225(MW)

DATE FILED: March 8, 2013

LOCATION: Northwest corner of Barnes Bridge Road and El Capitan Drive COUNCIL DISTRICT: 9

MAPSCO: 38-D

SIZE OF REQUEST: ±16,875 square feet

CENSUS TRACT: 127.01

REPRESENTATIVE/APPLICANT/OWNER:

1835 Barnes Bridge Corporation, Jose Rios, President (Sole Officer)

REQUEST:

An application for a CS Commercial Service District with deed restrictions volunteered by the applicant on property zoned a CR Community Retail District

SUMMARY:

The purpose of this application is to make legal an existing vehicle or engine repair or maintenance use. No new development is proposed by this application.

CPC RECOMMENDATION:

Approval, subject to deed restrictions volunteered by the applicant.

STAFF RECOMMENDATION:

Approval, subject to deed restrictions volunteered by the applicant.

1


Z123-225(MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – The proposal is not anticipated to negatively impact the performance of surrounding properties. The applicant’s volunteered deed restrictions further ensure compatibility by prohibiting the more intensive uses permitted in the CS Commercial Service District. 2. Traffic impact – With or without the applicant’s volunteered deed restrictions, the request will not significantly impact the surrounding roadway system. 3. Comprehensive Plan or Area Plan Conformance – The request complies with the Comprehensive Plan. BACKGROUND INFORMATION: •

The ±16,875-square foot request site is developed with a ±1,200-square foot building, which will remain. No new construction is proposed by this application.

Based on information contained in Posse (Building Inspections’ database), the request site has operated under a certificate of occupancy for an auto service center since at least 1992. The applicant, who is the current business operator, was issued a certificate of occupancy for an auto service center on March 20, 2007.

In addition to the minor mechanical repair to motor vehicles, the applicant performs engine and transmission repairs, which are not permitted under the auto service center use. However, these activities are considered a vehicle or engine repair or maintenance use which is permitted in the CS Commercial Service District.

The deed restrictions volunteered by the applicant limit the permitted uses to those in CR Community Retail District with the addition of the machine or welding shop and vehicle engine repair or maintenance uses.

Zoning History: There has been no zoning activity in the vicinity of the request site within the last five years. Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Development and Construction has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. 2


Z123-225(MW) Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Proposed ROW

Barnes Bridge Road

Local

60 feet

N/A

Surrounding Land Uses: Zoning

Land Use

North

CR; MF-2(A)

Undeveloped; multifamily

East

CR; MF-2(A)

Office (vacant); multifamily

South

PDD No. 323

Church

West

PDD No. 323; R-7.5(A)

Retail

STAFF ANALYSIS: Comprehensive Plan: The Vision Illustration depicts the request site as within a Commercial Center or Corridor Building Block on the forwardDallas! Vision Illustration, adopted June 2006. These areas primarily function as service and job destinations and are similar to Business Centers or Corridors, but are smaller and incorporate less density. These corridors, commonly at the intersection of major streets, are easily accessed via automobiles. Buckner Boulevard is an example of a Commercial Corridor. Buildings in these areas tend to be on separate parcels and stand one to five stories with offices, restaurants and a range of retail and commercial uses. In addition to jobs and services, Commercial Centers or Corridors also may include multifamily housing in low- to midrise apartment buildings or condominiums. Landscaping and urban design will enhance the visitor’s experience and is used to separate sidewalks from major roads and define pedestrian routes in large parking lots. For large shopping centers, this may involve adding public plazas or other “town center” features. Public transit enhancements as well as quality access and visibility are important components of successful autooriented development. URBAN DESIGN GOAL 5.2

Strengthen community and neighborhood identity

Policy 5.2.1

Maintain neighborhood scale and character.

Land Use Compatibility: The applicant was issued a certificate of occupancy for an auto service center on March 20, 2007. In addition to the minor mechanical repair to motor vehicles, the applicant 3


Z123-225(MW) performs engine and transmission repairs, which are not permitted under the auto service center use. The applicant wishes to make the use legal and, therefore, requests CS Commercial Service District. Use of the site for vehicle or engine repair or maintenance appears to be compatible with the surrounding uses. The applicant’s proposed deed restrictions will ensure compatibility by prohibiting the more intensive uses permitted in the CS Commercial Service District. Development Standards: Setbacks District Existing: CR Community Retail Proposed: CS Commercial Service

Front

Side/Rear

Density FAR

Height

Lot Coverage

Special Standards

Primary Uses

15’

20’ adjacent to residential OTHER: No Min.

0.75 FAR overall 0.5 office

54’ 4 stories

60%

Proximity Slope Visual Intrusion

Retail & personal service, office

15’ 0’ on minor

20’ adjacent to residential OTHER: No Min.

0.75 FAR overall 0.5 office/ lodging/ retail combined

45’ 3 stories

80%

Proximity Slope Visual Intrusion

Commercial & business service, supporting retail & personal service & office

Parking: Pursuant to §51A-4.200 of the Dallas Development Code, the vehicle or engine repair or maintenance use requires one off-street parking space per 500 square feet of floor area with a minimum of five spaces required. Therefore, the ±1,200-square foot building on the request site requires five off-street parking spaces. Landscaping: New development on the site will require landscaping pursuant to Article X of the Dallas Development Code.

4


Z123-225(MW) CPC Action: November 7, 2013: Motion: It was moved to recommend approval of a CS Commercial Service District, subject to deed restrictions volunteered by the applicant on property zoned a CR Community Retail District on the northwest corner of Barnes Bridge Road and El Capitan Drive. Maker: Second: Result:

Anglin Shellene Carried: 15 to 0

For: 15 - Anglin, Soto, Rodgers, Culbreath, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar Against: Absent: Vacancy:

0 0

Notices: Replies:

Area: For:

Speakers: TX, 75228

200 1

Mailed: Against:

14 1

For (Did not speak): Karla Rios, 1835 Barnes Bridge Rd., Dallas, Against: None

5


Z123-225(MW) Volunteered Deed Restrictions

THE STATE OF TEXAS COUNTY OF

) ) )

KNOW ALL PERSONS BY THESE PRESENTS:

I. The undersigned, 1835 Barnes Bridge Corporation, a Texas Corporation ("the Owner"), is the owner of the following described property ("the Property"), being in particular a tract of land out of the _JD Casey Survey, Abstract No. 352 , City Block 7272, City of Dallas ("City"), Dallas County, Texas, and being that same tract of land conveyed to the Owner by Guadalupe Rios, by deed dated August 6, 2007, and recorded in Volume 19 , Page 453, in the Deed Records of Dallas County, Texas, and being more particularly described as follows: Exhibit A II. The Owner does hereby impress all of the Property with the following deed restrictions ("restrictions"), to wit: 1.

The following uses are prohibited: Commercial and business services uses. -------

Bus or rail transit vehicle maintenance or storage facility. Commercial cleaning or laundry plant. Custom woodworking, furniture construction, or repair. Job or lithographic printing. Labor hall. Machinery, heavy equipment, or truck sales and services.

Industrial uses. --

Industrial (inside) for light manufacturing.

Institutional and community service uses. --

Halfway House.

Lodging uses --

Extended stay hotel or motel. 6


Z123-225(MW)

Retail and personal service uses. --------

Animal shelter or clinic with outside runs. Commercial motor vehicle parking. Drive-in theater. Outside sales. Taxidermist. Truck stop. Vehicle display, sales and service.

Transportation uses. -----

Commercial bus station and terminal. Heliport. Helistop. Railroad passenger station.

Wholesale, distribution, and storage uses. ------------2.

Auto action. Building moverâ&#x20AC;&#x2122;s temporary storage yard. Contractorâ&#x20AC;&#x2122;s maintenance yard. Freight terminal. Manufactured building sales lot. Office showroom/warehouse. Outside storage. Petroleum product storage and wholesale. Sand, gravel, or earth sales and storage. Trade center. Vehicle storage lot. Warehouse.

The following uses are permitted by SUP: Commercial and business services uses. --

Medical or scientific laboratory

Institutional and community service uses. --

Hospital

7


Z123-225(MW)

EL CAPITAN DR

SINCLAIR AVE

VICINITY MAP 1:4,800

8

Case no: Date:

Z123-225 10/17/2013


Z123-225(MW)

AERIAL MAP

1:1,200

9

Case no:

Z123-225 _..=...:..:==-..:=..:-_

10/17/2013 Date: .....:....:.:...:....:__ _ __


Z123-225(MW)

Multifamily

Undeveloped Multifamily

Retail

Office (vacant)

Church

10


Z123-225(MW)

3 1 4

11


Z123-225(MW)

Notification List of Property Owners Z123-225 14 Property Owners Notified Label # Address

Owner

1

1707

BARNES BRIDGE RD

HEAD INVESTMENT CO

2

1835

BARNES BRIDGE RD

1835 BARNES BRIDGE CORP

3

1800

BARNES BRIDGE RD

CASA LINDA METH CHURCH

4

1724

BARNES BRIDGE RD

VICTORY ASSEMBLY OF GOD

5

1805

TISINGER AVE

PENA JAIME & MARIA A

6

1809

TISINGER AVE

WALKER DAVID A

7

1815

TISINGER AVE

HERNANDEZ ANGEL & EMILLEY HARRISON

8

1821

TISINGER AVE

MORENO CAROLYN YVONNE

9

1820

EL CAPITAN DR

BURK LAWRENCE R TR SUITE 2100

10

1903

BARNES BRIDGE RD

EL CAPITAN APTS LTD STE 2100

11

1703

BARNES BRIDGE RD

LEE HWANSOO & HYUNJUNG

12

1919

BARNES BRIDGE RD

S H F GANESH LLC

13

1842

EL CAPITAN DR

EL CAPITAN APARTMENTS LTD SUITE 2100

14

99999

NO NAME ST

KANSAS CITY SOUTHERN RR

12


AGENDA ITEM # 76 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

5

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

58 T

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a Vehicle display, sales, and service use on property within the Subdistrict 5 portion of Planned Development District No. 533, the C. F. Hawn Special Purpose District, on the northwest corner of C.F. Hawn Freeway and Hillburn Drive Recommendation of Staff and CPC: Approval for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a site/landscape plan and conditions Z123-270(RB)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-270(AB)

DATE FILED: April 26, 2013

LOCATION:

C. F. Hawn Freeway and Hillburn Drive, Northwest Corner

COUNCIL DISTRICT: 5

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 93.04

Approx. 16,300 Sq. Ft.

58 T

APPLICANT:

Bryan Hull, Representative

OWNER:

Juan Campos

REQUEST:

An application for a Specific Use Permit for a Vehicle display, sales, and service use on property within the Subdistrict 5 portion of Planned Development District No. 533, the C.F. Hawn Special Purpose District No. 1.

SUMMARY:

The applicant proposes to utilize the existing improvements for the sale and display of automobiles.

CPC RECOMMENDATION: Approval for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a site landscape plan and conditions. STAFF RECOMMENDATION: Approval for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a site landscape plan and conditions.

1


Z123-270(AB) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of the request subject to a site and conditions based upon: 1. Compatibility with surrounding uses and community facilities – The request is oriented along the C. F. Hawn Freeway frontage and is compatible with various auto related uses and commercial operations located along the corridor. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The use, located on a cornerside lot, will operate on a small parcel, thus staff anticipates minimal impact on adjacent properties. 3. Not a detriment to the public health, safety, or general welfare – The requested use, subject to the attached site landscape plan, is envisioned to have no impact on public safety nor the general welfare enjoyed by adjacent uses. 4. Conforms in all other respects to all applicable zoning regulations and standards – A certificate of occupancy will be required for the use as well as compliance with the landscape/streetscape provisions of PDD No. 533 which are envisioned to soften the visual impact of nonresidential uses along the corridor. No variances are exceptions to the base zoning district are part of this SUP request. BACKGROUND INFORMATION: •

The request site is currently developed with a single structure and perimeter fencing that supports an auto service center use.

PDD No. 533, one of three C. F. Hawn Special Purpose Districts, was adopted by the City Council on February 10, 1999. The PDD is divided into eight Subdistricts (see attached Subdistrict Map); an SUP is required for the requested use.

The property is located in Subdistrict 5, which is envisioned to accommodate retail and commercial uses.

Zoning History: There has not been any zoning activity in the immediate area within the past few years relevant to this request.

Thoroughfare/Street

Designation; Existing & Proposed ROW

C. F. Hawn Freeway

Freeway; Variable ROW

Hillburn Drive

Local; 60’ ROW

2


Z123-270(AB) Traffic: The Engineering Section of the Sustainable Development and Construction Department has reviewed the request and determined that it will not impact the surrounding street system.

Area Plans: The request site lies within the boundary of the Southeast Dallas Comprehensive Land Use Study, which was adopted by the City Council in December 1996. The study makes very specific recommendations for the area inclusive of the request site that states, “retain industrial uses, and require landscape and architectural buffers to minimize impact on areas along C.F. Hawn Freeway.” Comprehensive Plan: The request site is located in an area considered to be an Industrial Area. Industrial Areas 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. While the request is not considered an industrial use, it does possess characteristics that do not deter from the area’s land use vision for the designated Building Block. 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 is developed with improvements that support the current use (auto service center). The applicant requests an SUP for Vehicle, display, sales, and service, as required by PDD No. 533. The site is surrounded by various commercial and auto-related uses. Similar uses are developed along the southern line of C. F. Hawn Freeway, across from the site’s frontage along the northern service road for the freeway.

3


Z123-270(AB) 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 site is triangular in shape and will be somewhat limited in the amount of outside display areas typically expected for this use category. In conjunction with the requirement of parkway/streetscape planting requirements, the useâ&#x20AC;&#x2122;s frontage along C. F. Hawn Freeway is anticipated to be yet another example of providing for a concentration of these nonresidential uses along the freeway. Parking: Required off-street parking as well as designated display areas are provided in locations shown on the attached site landscape plan. Landscaping: The applicant worked with the city arborist to facilitate landscaping and streetscape plantings that mirror the vision of softening development (existing and proposed) along the C. F. Hawn Freeway corridor. This is consistent with the landscape requirements as provided for in PDD No. 533, and will be provided as shown on the attached site landscape plan. Miscellaneous-C. F. Hawn Special Purpose Districts. As noted herein, the request site is located within the first of three Special Purpose Districts: PDD No. 533, the C. F. Hawn Special Purpose District No. 1. Containing approximately 240 acres and spanning along the corridor from Lake June Road to Buckner Boulevard. Adopted by the City Council on February 10, 1999. PDD No. 534 the C. F. Hawn Special Purpose District No. 2. Containing approximately 117 acres and spanning along the corridor from Buckner Boulevard to the T & N.O. Railroad. Adopted by the City Council on August 25, 1999. PDD No. 535, the C. F. Hawn Special Purpose District No. 3. Containing approximately 135 acres and spanning along the corridor from the T and N. O. Railroad to Haymarket Road. Adopted by the City Council on August 25, 1999. 4


Z123-270(AB) All three share a common theme to recognize the importance of providing for developments typically reliant on accessibility and infrastructure necessary to support regionally-serving operations. As is the situation when considering any rezoning or land use change, each PDD is crafted to ensure compatibility with (at the time of adoption) existing uses and zoning for undeveloped parcels. All three PDDâ&#x20AC;&#x2122;s provide for landscaping along the right-of-way, subject to Texas Department of Transportation approval. CPC ACTION (October 24, 2013) Motion: It was moved to recommend approval of a Specific Use Permit for a Vehicle display, sales, and service use for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a site/landscape plan and conditions on property within the Subdistrict 5 portion of Planned Development District No. 533, the C. F. Hawn Special Purpose District, on the northwest corner of C.F. Hawn Freeway and Hillburn Drive. Maker: Shidid Second: Ridley Result: Carried: 14 to 0 For:

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

Area: For:

14 - Anglin, Soto, Rodgers, Culbreath, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley

0 1 - Alcantar 0

200 2

Mailed: 9 Against: 0

None

5


Z123-270(AB)

Site

6

PDD No. 533 Subdistrict Map


Z123-270(AB) CPC RECOMMENDED CONDITIONS FOR A SPECIFIC USE PERMIT FOR A VEHICLE DISPLAY, SALES, AND SERVICE USE

1.

USE: The only use authorized by this specific use permit is a vehicle display, sales, and service use.

2.

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

3.

TIME LIMIT: This specific use permit expires on (five years from the passage of the ordinance), 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.

HOURS OF OPERATION: The vehicle display, sales, and service use may only operate between 8:00 a.m. and 8:00 p.m., Monday through Saturday.

5.

SERVICE WORK: structure.

6.

OUTSIDE SPEAKERS: Outside speakers are prohibited.

7.

LANDSCAPING: Prior to the issuance of a certificate of occupancy, landscaping must be provided as shown on the attached site landscape plan.

8.

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

9.

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.

Any mechanical service must be performed within a

7


Z123-270(AB)

Proposed Site Landscape Plan 8


Z123-270(AB)

9


Z123-270(AB)

AERIAL MAP 1:2,400

10

Case no:

Z123-270__

---=~=--=:....:....=:

Date: _

__ 10_1_81_2_0_13_

_


Z123-270(AB)

Industrial

Auto serv. cntr.

Undev.

Industrial Auto related, commercial uses

11


CPC RESPONSES Z123-270(AB)

I 4

9

7

0 8

9 2 0 200'

Property Owners Notified (11 parcels) Replies in Favor (3 parcels) Replies in Opposition (0 parcels) Area of Notification 10/24/2013 Date

Z123-270 CPC 1:2,400

12


Z123-270(AB) Page 1 of 1 10/29/2013

Notification List of Property Owners Z123-270 9 Property Owners Notified Owners in Favor Vote

0 Property Owners Opposed

Label # Address

2 Property

Owner

1

7722

C F HAWN FWY

CAMPOS JUAN F

2

325

HILLBURN DR

MENDOZA JUAN

3

7704

C F HAWN FWY

DAL TILE CORP

4

440

HILLBURN DR

LEGGETT PARTNERS LP

5

7710

C F HAWN FWY

DAL TILE CORP

O

6

7717

C F HAWN FWY

BALLAS VICTOR

O

7

247

HILLBURN DR

BRANTLEY MICHAEL J &

8

7625

ANTOINETTE ST

MIRA VISTA APARTMENTS LLC

9

7834

C F HAWN FWY

DAL TILE CORP

Tuesday, October 29, 2013

13


AGENDA ITEM # 77 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

52 E

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an RR Regional Retail District and a resolution accepting deed restrictions volunteered by the applicant on property zoned an LO-3 Limited Office District on the west line of North Walton Walker Freeway, north of Twenty Grand Drive Recommendation of Staff and CPC: Approval, subject to deed restrictions volunteered by the applicant Z123-273(WE)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa O’Donnell

FILE NUMBER:

Z123-273 (WE)

DATE FILED: April 29, 2013

LOCATION:

West line of North Walton Walker Freeway, north of Twenty Grand Drive

COUNCIL DISTRICT:

6

MAPSCO:

SIZE OF REQUEST:

Approx. 1.87 acres

CENSUS TRACT: 107.03

52- E

APPLICANT/ OWNER:

601 Walton Walker, LLC David Varela – Managing Member

REPRESENTATIVE:

MASTERPLAN Santos Martinez

REQUEST:

An application for an RR Regional Retail District with deed restrictions volunteered by the applicant on property zoned an LO-3 Limited Office District.

SUMMARY:

The purpose of this request is to allow for the development of retail type uses on the site. The applicant has volunteered deed restrictions after facilitating several neighborhood meetings. The neighborhood and applicant agreed to eliminate the uses that could become intrusive or have a negative impact on their community.

CPC RECOMMENDATION: by the applicant

Approval, subject to deed restrictions volunteered

STAFF RECOMMENDATION: by the applicant

Approval, subject to deed restrictions volunteered

1


Z123-273(WE)

BACKGROUND INFORMATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – The proposed RR Regional Retail District may have a negative impact on the adjacent institutional and residential uses due to the type of uses that are permitted within the RR District. These uses are not compatible or conducive to a low density residential development but are more suitable to serve a regional area. However, as a result of the applicant facilitating several neighborhood meetings, the applicant agreed to volunteer deed restrictions that will eliminate the uses that could negatively impact the surrounding area. 2. Traffic impact – The Engineering Section of the Department of Sustainable Development and Construction has determined that the applicant’s request will not have a negative impact on the street system. The request site fronts on the Walton Walker frontage Road and Twenty Grand Drive. However, any utilization of the internal streets to access this site (Twenty Grand Drive) could have a negative impact upon the residential neighborhood dependent upon the type of RR Regional Retail District uses. 3. Comprehensive Plan or Area Plan Conformance – The proposed request is not in compliance with the forwardDallas! Comprehensive Plan. The plan shows the request site located in a Residential Building Block. BACKGROUND INFORMATION: •

The applicant held several meetings with the neighborhood to discuss the proposed zoning case. As a result of the meetings, the applicant volunteered deed restrictions to restrict various uses on the property.

The applicant’s request for an RR Retail Regional District will allow for a variety of retail and personal services uses on the site.

The request site is adjacent to an LO-3 District, an RR Regional Retail District and an R-7.5(A) Single Family District where the development is primarily a church and single family uses. The properties to the north and west of the site are undeveloped.

Zoning History: There has not been any recent zoning change requested in the area. Thoroughfares/Streets: Thoroughfare/Street

N. Walton Walker Twenty Grand Drive

Type

Variable lane widths Local 2

Existing ROW

Proposed ROW

50 ft.

50 ft.


Z123-273(WE)

Land Use:

Site North South East West

Zoning LO-3 LO-3 RR LO-3 LO-3

Land Use Undeveloped Undeveloped Undeveloped Walton Walker Freeway Church, Undeveloped

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 Residential 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 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. The request site is located within an area that limits office uses and is in close proximity to residential uses. The RR District is a more intensive district than the surrounding LO3 District. The applicant has volunteered deed restrictions that will eliminate the RR Regional Retail District uses that are potentially incompatible and intrusive to the surrounding neighborhood. The proposed development will also be limited in structure height because of the residential adjacency. 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: The 1.87 acre site is undeveloped and is adjacent to an institutional use and several undeveloped tracts of land. There is also a single family development that is within close proximity of the request site; which is located south of Twenty Grand Drive and west of Furlough Drive. The applicantâ&#x20AC;&#x2122;s request for an RR Regional Retail District will allow for the development of various retail and personal service uses. Certain uses that are permitted within the RR District are not compatible with adjacent to LO-3 District uses. In addition, there are

3


Z123-273(WE)

R-7.5(A) Single Family uses that are in close proximity to the request site. Even though there are some tracts of land to the south of Twenty Grand Drive that are zoned an RR Regional Retail District, staff proposes that the RR zoning boundary line not extend beyond the northern line of Twenty Grand Drive. However, staff can support the request as a result of the deed restrictions that were volunteered by the applicant. The applicant held several neighborhood meetings during July 2013, and October 2013, to discuss the proposed zoning case with the community and agreed to eliminate a wide range of uses that are permitted in the RR District. Some of the uses that will be prohibited on site include: Commercial and business service uses

Institutional and community services uses

Retail and personal service uses

• •

Machinery, heavy equipment, or truck sales and services Tool or equipment rental. Vehicle or engine repair or maintenance.

• •

Cemetery or mausoleum. College, university, or seminary. Halfway house

• • • • • •

Alcoholic beverage establishment. Animal shelter or clinic without outside runs. Animal shelter or clinic with outside runs. Auto service center. Car wash Commercial amusement (inside). Commercial parking lot or garage.

Note: A complete list of prohibited uses is provided in the deed restrictions.

Development Standards: DISTRICT

LO-3 - existing Limited office – 3

RR - proposed Regional retail

SETBACKS Front

Side/Rear

Density

Height

Lot Coverage

Special Standards

PRIMARY Uses

15’

20’ adjacent to residential OTHER: No Min.

1.75 FAR

115’ 9 stories

80%

Proximity Slope U-form setback Tower spacing Visual Intrusion

Office, lodging – limited retail & personal service uses

15’

20’ adjacent to residential OTHER: No Min.

1.5 FAR overall 0.5 office

70’ 5 stories

80%

Proximity Slope U-form setback Visual Intrusion

Retail & personal service, office

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

4


Z123-273(WE)

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. CPC Action (July 11, 2103) Motion: In considering an application for an RR Regional Retail District on property zoned an LO-3 Limited Office District on the west line of North Walton Walker Freeway, north of Twenty Grand Drive was moved to hold this case under advisement until August 8, 2013. Maker: Hinojosa Second: Ridley Result: Carried: 13 to 0 For:

Against: Absent: Vacancy:

13 - Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Bernbaum*, Wolfish, Schwartz, Ridley, Alcantar 0 2 - Tarpley, Shellene 0

*out of the room, shown voting in favor Notices: Area: 300 Replies: For: 2 Speakers: None

Mailed: 27 Against: 1

CPC Action (August 8, 2103) Motion: In considering an application for an RR Regional Retail District on property zoned an LO-3 Limited Office District on the west line of North Walton Walker Freeway, north of Twenty Grand Drive, it was moved to hold this case under advisement until September 26, 2013. Maker: Hinojosa Second: Ridley Result: Carried: 14 to 0

5


Z123-273(WE)

For:

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

Against: Absent: Vacancy: Notices: Replies:

Area: For:

0 0 1 - District 10 300 2

Mailed: 27 Against: 3

Speakers: For: Santos Martinez, 900 Jackson St., Dallas, TX, 75202 Against: None CPC Action (September 26, 2103) Motion: In considering an application for an RR Regional Retail District on property zoned an LO-3 Limited Office District on the west line of North Walton Walker Freeway, north of Twenty Grand Drive it was moved to hold this case under advisement until October 10, 2013. Maker: Hinojosa Second: Ridley 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 2

Mailed: 27 Against: 4

None

CPC Action (October 10, 2103)

6


Z123-273(WE)

Motion: In considering an application for an RR Regional Retail District on property zoned an LO-3 Limited Office District on the west line of North Walton Walker Freeway, north of Twenty Grand Drive, it was moved to hold this case under advisement until October 24, 2013.

Maker: Hinojosa Second: Bernbaum Result: 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:

Area: For:

0 1 - Wolfish 1 - District 5 300 2

Mailed: 27 Against: 4

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

CPC Action (October 24, 2103) Motion: It was moved to recommend approval of an RR Regional Retail District subject to deed restrictions volunteered by the applicant on property zoned an LO-3 Limited Office District, on the west line of North Walton Walker Freeway, north of Twenty Grand Drive. Maker: Hinojosa Second: Ridley Result: Carried: 12 to 0 For:

Against: Absent: Vacancy:

12 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Peadon, Murphy, Ridley 0 3 - Culbreath, Bernbaum, Alcantar 0

7


Z123-273(WE)

Notices: Replies: Speakers:

Area: For:

300 2

Mailed: 27 Against: 4

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

8


Z123-273(WE)

DEED RESTRICTIONS VOLUNTEERED BY THE APPLICANT DEED RESTRICTIONS

THE STATE OF TEXAS COUNTY OF

) ) )

KNOW ALL PERSONS BY THESE PRESENTS:

I. The undersigned, 601 Walton Walker , a ("the Owner"), is the owner of the following described property ("the Property"), being in particular a tract of land out of the Enoch Horan Survey, Abstract No. 613 , City Block 7655 , City of Dallas ("City"), Dallas County, Texas, and being that same tract of land conveyed to the Owner by , by deed dated October 7,2009 , and recorded in Instrument Number 200900286620 , in the Deed Records of Dallas County, Texas, and being more particularly described as follows: See Exhibit A II. The Owner does hereby impress all of the Property with the following deed restrictions ("restrictions"), to wit: The following main uses are prohibited: Commercial and business service uses. --Catering service --Machinery, heavy equipment, or truck sales and services --Tool or equipment rental. --Vehicle or engine repair or maintenance. Industrial uses. --Gas drilling and production --Temporary concrete or asphalt batching plant. Institutional and community services uses. --Cemetery or mausoleum. --College, university, or seminary. --Halfway house. --Hospital.

9


Z123-273(WE)

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

Office uses. --Alternate financial establishment. Recreational uses. --County club with private membership. --Private recreation center, club or area. --Public park, playground, or golf course. Residential uses. -College dormitory, fraternity, or sorority house. Retail and personal service uses. --Alcoholic beverage establishment. --Animal shelter or clinic without outside runs. --Animal shelter or clinic with outside runs. --Auto service center. --Car wash --Commercial amusement (inside). --Commercial parking lot or garage. --Convenience store with drive-through. --Furniture store. --Liquor store. --Mortuary, funeral home, or commercial wedding chapel. --Motor vehicle fueling station. --Outside sales. --Pawn shop. --Swap or buy shop. --Vehicle display, sales, and service. Transportation uses. --Commercial bus station and terminal. --Heliport. --Helistop. --Railroad passenger station. --Transit passenger station or transfer center. Utility and public service uses. --Commercial radio or television transmitting station. --Electrical substation.

10


Z123-273(WE)

--Radio, television, or microwave tower. Wholesale, distribution, and storage uses. --Mini-warehouse --Recycling buy back center. --Recycling collection center. --Recycling drop-off container. --Recycling drop- off for special occasion collection.

11


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Z123-273(WE)

Undeveloped

Single Family

Multifamily

Church

Retail

Single Family

Undeveloped

13


Z123-273(WE)

Ariel Map

14


Z123-273(WE)

CPC RESPONSES

15


Z123-273(WE)

Notification List of Property Owners Z123-273 27 Property Owners Notified

Vote

4 Property Owners Opposed

Label # Address

2 Property Owners in Favor

Owner

1

601

WALTON WALKER BLVD

601 WALTON WALKER LLC

2

701

WALTON WALKER BLVD

AUTO LATIN INC

O

3

400

WALTON WALKER BLVD

RIDGECREST TERRACE INVESTORS LLC

O

4

500

FURLONG DR

LOS LUPES INC

5

500

FURLONG DR

DALLAS CHRISTIAN CENTER

6

704

WALTON WALKER BLVD

FIESTA GROUP LP

7

714

WALTON WALKER BLVD

SUPER FIESTA LP

8

704

FURLONG DR

WEST ROSE M

9

708

FURLONG DR

CALLADO GISELA

10

714

FURLONG DR

LAFUENTE MICHAEL & ESTHER

11

720

FURLONG DR

URBINA MANUEL

12

5834

BEAU PURPLE DR

GONZALEZ ARMANDO

13

711

FURLONG DR

LOPEZ RICARDO R &

14

653

FURLONG DR

REYES RAFAEL & ESTHER

15

647

FURLONG DR

SERRANO NORA I

16

641

FURLONG DR

PEREZ GILBERTO M

17

635

FURLONG DR

GARCIA ELADIO G

18

629

FURLONG DR

WILLIAMS CLARENCE

19

623

FURLONG DR

RJ RICHARDSON & REMELL K

20

619

FURLONG DR

FORD D WILSON

21

611

FURLONG DR

WEBBER DONNA

22

605

FURLONG DR

MORENO PEDRO &

X

23

533

FURLONG DR

VONWALLENBERG GEOFFREY

X

24

527

FURLONG DR

RIOS EFRAIN

X

25

521

FURLONG DR

ARREDONDO GUADALUPE

26

515

FURLONG DR

UMANZOR NELSON G &

X

Tuesday, October 29, 2013

16


Z123-273(WE)

Vote

Label # Address 27

5600

Owner PREAKNESS LN

Tuesday, October 29, 2013

17

AUTO CENTER UNLIMITED LP


AGENDA ITEM # 78 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

4

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

55 F

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1924 for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay on the northwest corner of Morrell Avenue and South Corinth Street Recommendation of Staff and CPC: Approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to conditions Z123-303(MW)


HONORABLE MAYOR & CITY COUNCIL

FILE NUMBER:

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa O’Donnell

Z123-303(MW)

DATE FILED: June 5, 2013

LOCATION: Northwest corner of Morrell Avenue and South Corinth Street Road COUNCIL DISTRICT: 4

MAPSCO: 55-F

SIZE OF REQUEST: ±0.334 acre

CENSUS TRACT: 49.00

REPRESENTATIVE:

Audra Buckley, Permitted Development

APPLICANT/OWNER:

Al-Rousan and Wared, Corp. Tarif Z. Al-Rousan, President, Secretary, and Treasurer

REQUEST:

An application to renew Specific Use Permit No. 1924 for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned a CR-D-1 Community Retail District with a D1 Liquor Control Overlay

SUMMARY:

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

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

1


Z123-303(MW) STAFF 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 3,500 square feet or less 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 general merchandise or food store, which offers the sale of alcoholic beverages, provides a service to this area of the City and does not appear to negatively impact to the adjacent properties. 3. Not a detriment to the public health, safety, or general welfare – The existing general merchandise or 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 existing site plan associated with Specific Use Permit No. 1924, the request complies all applicable zoning regulations and standards. BACKGROUND INFORMATION: •

The ±0.334-acre request site is developed with a ±2,600-square foot general merchandise or food store (convenience store) which includes gas pumps.

The general merchandise or food store use is permitted by right. The sale of alcoholic beverages on property requires a specific use permit due to the D-1 Liquor Control Overlay.

Specific Use Permit No. 1924 was approved on December 14, 2011 for a twoyear period. If not renewed, the Specific Use Permit terminates on December 14, 2013.

The applicant does not propose any changes to the existing site plan.

2


Z123-303(MW) Surrounding Zoning History: There has been no zoning activity in the vicinity of the request site within the last five years. Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

South Corinth Street Road

Principal arterial

100 feet

Morrell Avenue

Collector

50 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. Surrounding Land Use: Zoning

Land Use

North

R-5(A)

Single family

East

CR

Undeveloped

South

CR

Office (bail bonds)

West

CR

Single family

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 an Urban Neighborhood Building Block. Urban Neighborhoods, including Oak Lawn, the Grand Avenue area in South Dallas, the area near Jefferson Boulevard and the Vickery Meadow area, are predominately residential but are distinguished from other neighborhoods by the wide variety of housing options they provide and easy access to public transit. Housing choices should include single-family detached dwellings, townhomes and low- to midrise condominiums or apartments. These neighborhoods will have concentrations of shops 3


Z123-303(MW) and offices along key corridors or at key intersections, providing important services and job opportunities within walking distance of residences. These areas may have mixeduse buildings with ground floor shops. Areas currently developed with single-family or duplex uses should generally be maintained unless redevelopment is addressed through an Area Planning process. Urban Neighborhood streets will be very pedestrian friendly, providing excellent connectivity to shopping, schools and other community services. Emphasis should be placed on slowing traffic through use of on-street parking and other similar traffic calming measures. Public investments in these areas will focus on parks, pathways, transit stops, pedestrian-oriented landscaping and road improvements. 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

The existing general merchandise or food store 3,500 square feet or less is generally consistent with the development desired in an Urban Neighborhood. The sale of alcoholic beverages in conjunction with the main use does not directly impact the consistency. Land Use Compatibility: The Âą0.334-acre request site is developed with a Âą2,600-square foot general merchandise or food store (convenience store) which includes gas pumps. The applicant proposes to continue to sell beer and wine for off-premise consumption in conjunction with the existing convenience store. 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 4


Z123-303(MW) 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 829 South Corinth Street Road is in DPD’s system and passed inspection on September 21, 2013. Therefore, the referenced convenience store complies with Chapter 12B (Convenience Store) requirements. The applicant’s request, subject to the attached conditions, is consistent with the intent of the Dallas Development Code. Therefore, staff recommends approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to conditions. Development Standards: District

Setbacks Front

CR-D-1

15’

Side/Rear 20’ adjacent to residential OTHER: No Min.

Density

Height

Lot Coverage

Special Standards

0.75 FAR overall 0.5 office

54’ 4 stories

60%

Proximity Slope Visual Intrusion

Primary Uses

Retail & personal service, office

Parking: Pursuant to the Dallas Development Code, the off-street parking requirement for a general merchandise or food store use is one (1) space per 200 square feet of floor area; the requirement for a motor vehicle fueling station is two (2) spaces. Therefore, the ±2,600-square foot convenience store with gas pumps requires a total of 15 parking spaces. The applicant will continue to provide 15 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.

5


Z123-303(MW) CPC Action: November 7, 2013: Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1924 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 with eligibility for automatic renewal for additional five-year periods, subject to conditions on property zoned a CRD-1 Community Retail District with a D-1 Liquor Control Overlay on the northwest corner of Morrell Avenue and South Corinth Street. Maker: Second: Result:

Anglin Shellene Carried: 15 to 0

For: 15 - Anglin, Soto, Rodgers, Culbreath, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar Against: Absent: Vacancy:

0 0 0

Notices: Replies:

Area: For:

Speakers:

200 1

Mailed: Against:

None

6

22 0


Z123-303(MW) Police Report: Specific Use Permit No. 1924 was approved on December 14, 2011. An online search of the Dallas Police Departmentâ&#x20AC;&#x2122;s offense incident reports for the period from December 14, 2010 to December 14, 2011, one year prior to approval, revealed the following results:

Below are the results for the period from December 15, 2011 to October 11, 2013.

7


Z123-303(MW) 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 use 3,500 square feet or less. 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 December 14, 2013. (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


Z123-303(MW) Existing Site Plan

9


Z123-303(MW)

VICINITY MAP

1:4,800

10

Case no: Date:

Z123-303 10/17/2013


Z123-303(MW)

AERIAL MAP

1:1,200

11

Case no:

Z123-303

_-=-:.==-~;;...__-

10/17/2013 Date: .....:...:.:....:....:_ _ _ __


Z123-303(MW)

Single family

Single family Undeveloped

Office

12

Restaurant


Z123-303(MW) CPC Responses

13


Z123-303(MW) Page 1 of 1 11/7/2013

Notification List of Property Owners Z123-303 22 Property Owners Notified

Vote O

0 Property Owners Opposed

Label # Address

1 Property Owner in Favor

Owner

1

829

CORINTH ST RD

AL ROUSAN & WARED CORP

2

1514

MORRELL AVE

SHARPE WILLIAM L

3

1735

WACO AVE

SAMUEL FRANKLIN D & ALLENE

4

1731

WACO AVE

MIDFIRST BANK

5

1727

WACO AVE

BIRDA ANTHONY &

6

1723

WACO AVE

SHOFNER JACQUELYN M

7

1719

WACO AVE

KINGSFORD HOUSING LLC

8

909

CORINTH ST RD

ESTABLISHED INVESTORS INC

9

900

CORINTH ST RD

LOPEZ ANDRES &

10

910

CORINTH ST RD

CORINTH MORRELL LLC

11

1511

MORRELL AVE

LEFFALL HALL ESTRELLITA

12

1515

MORRELL AVE

SMITH JOHN A

13

1519

MORRELL AVE

RIOS JEREMIAS &

14

1523

MORRELL AVE

LINENSCHMIDT BOBBY JACK

15

1510

CLAUDE ST

CRUZ SILVANO &

16

1514

CLAUDE ST

TURNER LEWIS

17

1518

CLAUDE ST

WATSON IMA J

18

1522

CLAUDE ST

SNEED SIDNEY LADWAN

19

1530

CLAUDE ST

JONES MARY LOIS

20

800

CORINTH ST

NICHOLS C O ETAL

21

1535

CLAUDE ST

CRUZ SILVANO

22

728

CORINTH ST RD

GREATER NEW VISION

14


AGENDA ITEM # 79 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45 Q; U

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a tower/antenna for cellular communication on property zoned Subdistrict 3 of Planned Development District No. 317, the Cedars Area Special Purpose District on the west corner of South Akard Street and Griffin Street Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewal for additional ten-year periods, subject to a site plan and conditions Z123-310(MW)


HONORABLE MAYOR & CITY COUNCIL

FILE NUMBER:

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa O’Donnell

Z123-310(MW)

DATE FILED: June 12, 2013

LOCATION: West corner of South Akard Street and Griffin Street COUNCIL DISTRICT: 2

MAPSCO: 45-Q, U

SIZE OF REQUEST: ±1.966 acres

CENSUS TRACT: 204.00

REPRESENTATIVE:

Peter Kavanagh, Zone Systems, Inc.

APPLICANT:

Verizon Wireless

OWNER:

Hamilton 1011 LP

REQUEST:

An application for a Specific Use Permit for a tower/antenna for cellular communication on property zoned Subdistrict 3 of Planned Development District No. 317, the Cedars Area Special Purpose District.

SUMMARY:

The applicant proposes to attach mounted cellular antennas to an existing structure.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

1


Z123-310(MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of this Special Use Permit based upon: 1. Compatibility with surrounding uses and community facilities –The addition of mounted cellular antennas to an existing structure does not affect compatibility with the surrounding land uses. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The proposed cellular antennas will provide a service to the area.

3. Not a detriment to the public health, safety, or general welfare – The proposal does not appear to be a detriment to the public health, safety, or general welfare of the City of Dallas.

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 ±1.966-acre request site is developed with a vacant multi-story building previously utilized as a hotel.

The antennas will be mounted on a parapet wall, which is 126.5 feet above ground level. The highest point of the proposed antennas will be 135 feet above ground level.

Pursuant to §51A-4.212, mounted cellular antennas may not exceed 12 feet above the structure to which they are attached. The applicant’s proposal complies with this provision.

Zoning History: There has been no zoning activity in the vicinity of the request site within the last five years. Thoroughfares/Streets: Thoroughfares/Street

Type

Existing ROW

Proposed ROW

South Akard Street

Minor arterial

Varies

60 feet

Griffin Street

Local

50 feet

N/A

2


Z123-310(MW) Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Development and Construction 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. 317, Subdistrict 3

Vacant hotel

North

CA-1(A)

Fire station; office

East

PDD No. 317, Subdistrict 3

Surface parking

South

PDD No. 317, Subdistrict 3

Multifamily (condos)

West

PDD No. 317, Subdistrict 3

Right-of-way; office

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 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. The applicantâ&#x20AC;&#x2122;s proposal to attach mounted cellular antennas to an existing structure does not conflict with the goals and policies of the Comprehensive Plan.

3


Z123-310(MW) Land Use Compatibility: Residential Proximity Slope is not applicable to this request since Planned Development District No. 317, with the exception of Subdistrict 1, is considered a nonresidential zoning district. 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 request conforms with the applicable zoning regulations and standards and is consistent with the intent of the Dallas Development Code. Therefore, staff recommends approval for a ten-year period with eligibility for automatic renewal for additional ten-year periods subject to a site plan and conditions. Parking: Pursuant to the Dallas Development Code, the required off-street parking for this use is one (1) space if the cellular communication tower/antenna has an auxiliary building housing electronic and communication equipment (“auxiliary building”) greater than 120 square feet. Physically separate auxiliary buildings will not be aggregated to determine the area of an auxiliary building for the purpose of determining required off-street parking requirements. The total floor area of the equipment cabinets is ±16 square feet, which will not trigger the parking requirement. Landscaping: The request will not trigger the requirements of Article X of the Dallas Development Code. Mechanical equipment will be mounted on the roof of an existing structure and screened by a parapet wall.

4


Z123-310(MW) CPC Action: October 24, 2013: Motion: It was moved to recommend approval for a Specific Use Permit for a tower/antenna for cellular communication for a ten-year period with eligibility for automatic renewal for additional ten-year periods, subject to a site plan and conditions on property zoned Subdistrict 3 of Planned Development District No. 317, the Cedars Area Special Purpose District on the west corner of South Akard Street and Griffin Street. Maker: Second: Result:

Soto Shellene Carried: 11 to 0

For: 11 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Lavallaisaa, Tarpley, Shellene, Peadon, Murphy, Ridley Against: Absent: Vacancy: Conflict:

0 3 - Culbreath, Bernbaum, Alcantar 0 1 - Bagley

Notices: Replies:

Area: For:

Speakers:

None

300 2

Mailed: Against:

5

72 0


Z123-310(MW) Partners/Principals/Officers: APPLICANT:

Verizon Wireless

6


Z123-310(MW) OWNER:

Hamilton 1011 LP

7


Z123-310(MW) Z123-310 CPC Recommended Conditions 1. USE: The only use authorized by this specific use permit is a tower/antenna for cellular communication. 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 (ten years), but is eligible for automatic renewal for additional ten-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. HEIGHT: The tower/antenna for cellular communication may not exceed 135 feet in height from grade. 5. ILLUMINATION: The tower/antenna for cellular communication may not be illuminated, except as required by the Federal Aviation Administration. 6. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 7. 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


Z123-310(MW) Proposed Site Plan

9


Z123-310(MW)

MAJq(!As,."" Marilla, Akard ,YouaeTriangle

Park

, ..t.

~

'4R1l1..4 p路

ioucer Cemetery Park

ST

CEREMONIAL DR-

City p3 ,.

Park

VICINITY MAP 1:6,000 10

Z123-310 Date:

10/9/201 3


Z123-310(MW)

AERIAL MAP 1:3,600

11

Case no: Date:

Z123-310 10/9/2013


Z123-310(MW)

Fire station Office

Surface parking

Right-of-way Multifamily Office

12


Z123-310(MW) CPC Responses

13


Z123-310(MW) Page 1 of 3 10/29/2013

Notification List of Property Owners Z123-310 72 Property Owners Notified

Vote O

O

0 Property Owners Opposed

Label # Address

2Property Owners in Favor

Owner

1

1011

AKARD ST

HAMILTON 1011 LP &

2

1201

GRIFFIN ST

DE DIEGO ARMANDO

3

817

BROWDER ST

TYLER PAUL K & COLLEEN F

4

907

BROWDER ST

EAGLES NEST CHURCHES INC

5

1008

AKARD ST

VOGEL ALCOVE

6

1000

AKARD ST

FAULKNER INV CO LTD

7

1423

GRIFFIN ST

HOMEWARD BOUND INC

8

1413

GRIFFIN ST

TIME WARNER CABLE DALLAS

9

1407

GRIFFIN ST

VOGEL ALCOVE

10

1414

GRIFFIN ST

VOGEL ALCOVE

11

1418

GRIFFIN ST

CONNER MARGARET C ET AL

12

1409

GRIFFIN ST

CAUDILL DOUG

13

1407

GRIFFIN ST

COOK PAUL D

14

811

AKARD ST

FIRST NATIONAL BANK

15

1075

GRIFFIN ST

COTTRELL JOE L &

16

1112

PETERS ST

FELDER NEIL

17

1320

GRIFFIN ST

STAY ON THE MARK LLC

18

1204

GRIFFIN ST

BOUCHER DANIEL D

19

1112

WALL ST

TEXAS UTILITIES ELEC CO

20

1100

GRIFFIN ST

BALLAS VICTOR E

21

1111

WALL ST

SOUTHWEST DOUBLE D RANCH LP

22

1115

WALL ST

CCH LAMAR PARTNERS I L P

23

1105

POWHATTAN ST

DALLAS AREA RAPID TRANSIT

24

1111

AKARD ST

DALLAS BUZZ LTD

25

1111

AKARD ST

BAINES ROBERT E

26

1111

AKARD ST

REED THOMAS MARK

14


Z123-310(MW) Tuesday, October 29, 2013

Vote

Label # Address

Owner

27

1111

AKARD ST

HYMAN TIMOTHY

28

1111

AKARD ST

ROBINSON TYLER LEE

29

1111

AKARD ST

SCHWINER RICHARD J

30

1111

AKARD ST

AHMAD SYED M &

31

1111

AKARD ST

COTTER VICTORIA ANN

32

1111

AKARD ST

BAYER CHRISTOPHER

33

1111

AKARD ST

BROCK JOE R

34

1111

AKARD ST

DUBLE KENNETH BRYAN &

35

1111

AKARD ST

GRANDEY CHAD EDWARD

36

1111

AKARD ST

BREHM JENNIFER L

37

1111

AKARD ST

DUKE DAVID A

38

1111

AKARD ST

RIVERA JOEL I & MELINA L AGUIRRE

39

1111

AKARD ST

REISMAN MARK L

40

1111

AKARD ST

FAULKNER JULIE A

41

1111

AKARD ST

BASS PAUL R

42

1111

AKARD ST

ANDERSON THOMAS I

43

1111

AKARD ST

DALLAS BUZZ CONDOMINIUMS OWNERS

44

1111

AKARD ST

WATSON RICHARD D

45

1111

AKARD ST

KEARNEY DAVID W

46

1111

AKARD ST

BELL FREDERICK M &

47

1111

AKARD ST

CAMPBELL SHAWNEILLE Y

48

1111

AKARD ST

PHILIP SIMI SUSAN & BINOJ K PETER

49

1111

AKARD ST

SOUTH AKARD 1111

50

1111

AKARD ST

DESSOUKY SHIMAA Y

51

1111

AKARD ST

HAMILTON JANE HOPE

52

1111

AKARD ST

BLAZIN MICHAEL J

53

1111

AKARD ST

SANCHEZ JAY P &

54

1111

AKARD ST

CUELLAR CATHERINE

55

1111

AKARD ST

WEN HOWARD

56

1111

AKARD ST

POWELL GORDON C & JANE A

57

1111

AKARD ST

ACOSTA RAUL A

15


Z123-310(MW) Tuesday, October 29, 2013

Vote

Label # Address

Owner

58

1111

AKARD ST

TOWERS RICHARD A

59

1111

AKARD ST

WEITZMAN JERALD

60

1111

AKARD ST

MILLER PAUL

61

1111

AKARD ST

FOSTER GREGORY R & DEANN

62

1111

AKARD ST

AUTREY JAMES MICHAEL

63

1111

AKARD ST

BETTINGER LYNN R JR

64

1111

AKARD ST

THOMAS AMANDA A T

65

1111

AKARD ST

CHERNOCK CHRISTIAN

66

1111

AKARD ST

TOMAN MELISSA

67

1111

AKARD ST

BASS JOHN WESLEY

68

1111

AKARD ST

SANDOVAL DAVID E

69

1111

AKARD ST

NAMKOONG YUNJOO

70

1111

AKARD ST

CURRY KEVIN

71

1111

AKARD ST

PATTERSON RONEKA J

72

1111

AKARD ST

REED THOMAS M

16


AGENDA ITEM # 80 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

1

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

43 Y; Z

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a Convalescent and nursing home, hospice care, and related institutions use and a resolution terminating the deed restrictions on property within Subdistrict 4A of Planned Development District No. 714, the West Commerce Street/Fort Worth Avenue Special Purpose District, on the northeast line of Bahama Drive, south of Ft. Worth Avenue Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewal for additional fifteen-year periods, subject to a site plan and conditions, and approval of the termination of existing deed restrictions Z123-334(RB)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-334(RB)

DATE FILED: July 17, 2013

LOCATION:

Northeast Line of Bahama Drive, South of Ft. Worth Avenue

COUNCIL DISTRICT: 1

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 68

Approx. 5.8 Acres

43 Y, Z

APPLICANT/OWNER:

Pacifica Harborview Kessler, LLC

REPRESENTATIVE:

Santos Martinez

REQUEST:

An application for a Specific Use Permit for a Convalescent and nursing homes, hospice care, and related institutions use and to terminate the deed restrictions on property within Subdistrict 4A of Planned Development District No. 714, the West Commerce Street/Fort Worth Avenue Special Purpose District, located on the northeast line of Bahama Drive, south of Ft. Worth Avenue

SUMMARY:

The applicant is proposing to provide for nursing home units within the existing retirement housing development. Additionally, existing deed restrictions providing for permitted uses are being requested for termination.

CPC RECOMMENDATION:

Approval for a ten-year period with eligibility for automatic renewal for additional fifteen-year periods, subject to a site plan and conditions, and approval of the termination of existing deed restrictions.

STAFF RECOMMENDATION:

Approval for a ten-year period with eligibility for automatic renewal for additional fifteen-year periods, subject to a site plan and conditions, and approval of the termination of existing deed restrictions.

1


Z123-334(RB) Guiding Criteria for Recommendation: Staff recommends approval of the request, subject to a site plan and conditions, based upon: 1. Compatibility with surrounding uses and community facilities – The request will provide for a compatible nonresidential use that provides for alternative service needs for residents. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The requested Institutional and community service use category is generally found in close proximity to residential uses. 3. Not a detriment to the public health, safety, or general welfare – The request will be an addition to an established retirement housing development. No adverse impact on area stakeholders is anticipated. 4. Conforms in all other respects to all applicable zoning regulations and standards – A valid certificate of occupancy for retirement housing exists on the property. Subject to normal building permit functions as compliance with the approved (pending a future City Council public hearing) site plan and conditions, the certificate of occupancy will be amended to capture the proposed use. BACKGROUND INFORMATION: •

The request site is developed with a retirement housing use, various outside amenity areas, and a significant amount of covered surface parking areas that wrap the northern, eastern, and southern facades.

The applicant is proposing to provide for an expansion area with the southeast quadrant to accommodate the requested use.

The request provides for an additional 111 beds for the requested use.

Existing deed restrictions that provide for permitted uses are requested for termination (see Deed Restriction History, below) due to a Planned Development that was subsequently approved by City Council that incorporates the permitted uses and performance standards on this tract.

Zoning History: There have been no recent zoning requests in the area. Thoroughfare

Designation; Existing & Proposed ROW

Ft. Worth Avenue

Principal Arterial; 100’ & 100’ ROW

2


Z123-334(RB) Bahama Drive

Collector; 60’ & 60’ ROW

Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined it will not significantly impact the surrounding street system. Comprehensive Plan: The request site is located in an area considered a Residential Neighborhood. These areas primarily function as service and job destinations and are similar to Business Centers or Corridors, but are smaller and incorporate less density. These corridors, commonly at the intersection of major streets, are easily accessed via automobiles. Buckner Boulevard is an example of a Commercial Corridor. Buildings in these areas tend to be on separate parcels and stand one to five stories with offices, restaurants and a range of retail and commercial uses. In addition to jobs and services, Commercial Centers or Corridors also may include multifamily housing in low- to midrise apartment buildings or condominiums. Landscaping and urban design will enhance the visitor’s experience and is used to separate sidewalks from major roads and define pedestrian routes in large parking lots. For large shopping centers, this may involve adding public plazas or other “town center” features. Public transit enhancements as well as quality access and visibility are important components of successful autooriented development. 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 is developed with a retirement housing use, various outside amenity areas, and a significant amount of covered surface parking areas that wrap the northern, eastern, and southern facades. Existing deed restrictions providing for permitted uses, are requested for termination as part of the request. It should be noted that the Subdistrict 4 portion of PDD No. 714 is to be considered a mixed-use subdistrict dominated by multifamily uses. While commercial and retail uses are encouraged at street level, maintenance of the residential density is desired. Pedestrian protections from traffic, such as broad sidewalks, street trees, and crosswalks, are desired. New construction should be oriented to address the street front. Existing slip roads providing on-street parking and pedestrian amenities should be preserved. Building height, land use, and setbacks are controlled separately in Subdistricts 4A and 4B to encourage mixed use and townhouse development. Subdistricts 4A and 4B are part of Subdistrict 4. Subdistrict 4 regulations apply in Subdistricts 4A and 4B unless otherwise indicated. The requested use will comply with the existing standards for Subdistrict 4A.

3


Z123-334(RB) Deed Restriction History: On March 26, 2003, the City Council passed a resolution for a moratorium on issuance of building permits and certificates of occupancy for certain uses for a geographical area within 1,000 feet of the Ft. Worth Avenue right-ofway, between West Davis Street and Beckley Avenue, from this date through July 24, 2003. This was envisioned as appropriate while studies and stakeholder meetings were completed leading to a land use recommendation that would be vetted through the public hearing process. The result of these efforts provided for the creation of PDD No. 714, adopted by the City Council on February 23, 2005. On May 21, 2003, a property owner with plans for the development of a home improvement center and other retail uses filed for hardship relief for parcels located on the southwest and southeast corners of Ft. Worth Avenue and Bahama Drive. In conjunction with this initiative, the applicant volunteered deed restrictions that: 1) provided for the anticipated uses; and 2) mirrored the vision of the above referenced land use study that led to the creation of PDD No. 714. At this time, the proposed use was not captured in the deed restrictions providing for permitted uses. PDD No. 714 currently provides for the uses in the deed restrictions (among others) as well as the requested use which requires a specific use permit. Off-Street Parking: All uses must comply with the off-street parking regulations for PDD No. 714. The attached site plan captures the existing use (by right) along with the improvements and required parking for the proposed nursing home area. Landscaping: The proposed expansion of existing facilities will require compliance with the landscape regulations for PDD No. 714. Existing landscaping passed inspection in August, 2010. CPC ACTION (November 7, 2013) Motion: It was moved to recommend approval of a Specific Use Permit for a Convalescent and nursing homes, hospice care, and related institutions use for a tenyear period with eligibility for automatic renewal for additional fifteen-year periods, subject to a site plan and conditions, and approval of the termination of existing deed restrictions on property within Subdistrict 4A of Planned Development District No. 714, the West Commerce Street/Fort Worth Avenue Special Purpose District, on the northeast line of Bahama Drive, south of Ft. Worth Avenue. Maker: Anglin Second: Shellene Result: Carried: 15 to 0

4


Z123-334(RB) For:

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

Area: For:

15 - Anglin, Soto, Rodgers, Culbreath, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar 0 0 0

400 1

Mailed: 205 Against: 0

None

5


Z123-334(RB)

Pacifica Harborview Kessler LLC List of Officers

Ash Israni Deepak Israni Naresh Kotwani

Chairman Secretary Member

6


Z123-334(RB) STAFF RECOMMENDED CONDITIONS FOR A SPECIFIC USE PERMIT FOR A CONVALESCENT AND NURSING HOMES, HOSPICE CARE, AND RELATED INSTITUTIONS USE

1.

USE: The only use authorized by this specific use permit is a Convalescent and nursing homes, hospice care, and related institutions use.

2.

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

Applicant requested: 3. TIME LIMIT: This specific use permit expires on (twenty years from the passage of the ordinance), but is eligible for automatic renewal for additional twenty-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.) Staff recommended: 3. TIME LIMIT: This specific use permit expires on (ten years from the passage of the ordinance), but is eligible for automatic renewal for additional fifteen-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.)

7


Z123-334(RB) 4.

BEDS: A maximum of 111 beds are permitted.

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.

8


Z123-334(RB)

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Proposed Site Plan 9


Z123-334(RB) Existing Deed Restrictions

10


Z123-334(RB) -···

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TGol ot cqmptnellt reiJ!al only as. lll? accessory use to a bo1ne hnprovcmenl center, lumber, brick or bnilding rnl\tCJiais sales yard; 10.

Libmy, art gallezy, or n1useum on !be Pbasell Tract only;

u.

Anto service center,

12.

Oflic:c on 1.be Phase llTraet;

13.

Vebiciedispiay, sa~aud SctYlce 011Jyas an ll(;CeSSO?)'USe to home improvement center, lumber, brick or building nwcncls &a'Uls yard;.

a

Ve'hielcl'tnlal only~aii accessory use to ahomeimp10ven:ient cenle;r, lumber.brick

14.

or building nuderials sales yard;

10.

i

]v.l'.9t0rvehie!c fu~g~ration.only as an :iceessoryme to a-general nWChandisc or food store 3,500 square feel or less or a genusl men:handise or food store greater 1han 3.SOD squ~ feet;

15.

.I

· Dry cleaning or laundry store limited to one store on ~be Pbiise ll Tract;

17.

cturidi;

18.

F"mancial institution without driv~m window;

19.

Financial inStitotion with drive-in 'Window;

20.

Allimal she!~ or clinic without outside runs;

21.

.Ho~lulld equipment and

22.

Outside sales.

appliance repair; and

J·: I ·.1

m.

.

.I .

TheSG restrictions shall co..minue i.1'1 Ml. forc..e n.'!d effe<:L for a pe.riod of twe-nty (20) years :from fu~ d!lfe ofexeeUlioii, Md shall autcmalically be ex!cilded for additional periods of ten (10) yem unless amended or1ermim1tcd in themmmer specified in tbis docwncnt.

..

IV.

.··

" •.

· ·These: ~dions mey be amended or lemiinaled only tliler u public heating bafore the City Plan Commission and apublichearln.gbelbre:md approval bylheCJty Council oflhe City. Nolicoofth& publ!c beipngs mu.stbe given as wo}lld be required bylaw fora zoningcll!l-nseon !he Property. The .• ~e~ngOr~~inSlrum~t mil$! be .approved ti;; lo ~Otlll by the city attorney. If the Cliy • Counci1approvcs an amendmlllll orlernl.lnatio1J.ofth~ere$lriclio11s, tlte Owncrmus1 !hen file the amending or !ermfoaling instrument ln the Peed Records of the count)' or counties wl~ tllc ~

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C~unty: DALLAS Doc; 002532384 Date: 09/1112003 Vol: 2003179 Page! 00014

11

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Z123-334(RB)

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10/25/2013


Z123-334(RB)

Resident home for the aged

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Multifamily

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Home Impr. Cntr Single family

Multifamily

14


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Property Owners Notified (45 parcels) _ _ _J ___ Replies in Favor (1 parcels) _ ____:..0_ _ _ Replies in Opposition (0 parcels) 400' --- - - Area of Notification JJ/T/ZOJ3 Date ___ Z..;_'0..;.__5_ _

Z123-334 CPC 1:3,600

15


Z123-334(RB)

Page 1 of 7 11/7/2013

Notification List of Property Owners Z123-334 205 Property Owners Notified Owner in Favor

Vote

0 Property Owners Opposed

Label # Address

1 Property

Owner

1

2516

FORT WORTH AVE

FOLDBERG JOHN D ET AL

2

2522

BAHAMA DR

PACIFICA HBORVW KSSLR LLC

3

2600

BAHAMA DR

LA REUNION TWN CNTER LLC

4

2535

WEDGLEA DR

MITCHELL DAVID & PAULA

5

2535

WEDGLEA DR

MARLOWE SAM C & ALISON K

6

2535

WEDGLEA DR

LEMLEY SHEEHAN ROSE

7

2535

WEDGLEA DR

WILLIAMS JO OLLIE

8

2535

WEDGLEA DR

CRAWFORD BETTY SUE

9

2535

WEDGLEA DR

JOHNSTON MICHAEL L & KAREN J

10

2535

WEDGLEA DR

DAVIS BRYAN W

11

2535

WEDGLEA DR

MAY ROBERT & BELINDA

12

2535

WEDGLEA DR

SALINA VICTOR O &

13

2535

WEDGLEA DR

BROWN BARBARA J

14

2535

WEDGLEA DR

HLAING CHARLES S &

15

2535

WEDGLEA DR

BURDINE C EUGENE FAM

16

2535

WEDGLEA DR

WALKER GARY E

17

2535

WEDGLEA DR

HEWITT KATHLEEN A

18

2535

WEDGLEA DR

MANTYLA BRUCE ALLARD &

19

2535

WEDGLEA DR

PETTIT GREGORY L

20

2535

WEDGLEA DR

MONTELONGO AMBER S

21

2535

WEDGLEA DR

HERRING MIKE & BEVERLY

22

2535

WEDGLEA DR

BRACY CAROL L

23

2535

WEDGLEA DR

FAIR CARMEN C

24

2535

WEDGLEA DR

HATFIELD RANDALL KEITH

25

2535

WEDGLEA DR

DIXON LALANE

26

2535

WEDGLEA DR

LACROIX CARLA ELAINE

16


Z123-334(RB) Thursday, November 07, 2013

Vote

Label # Address

Owner

27

2535

WEDGLEA DR

KAVAN DOUGLAS L

28

2535

WEDGLEA DR

DYER BARBARA L

29

2535

WEDGLEA DR

QUESENBERRY TYRA

30

2535

WEDGLEA DR

ZADICK THOMAS W

31

2535

WEDGLEA DR

GRADY KATHRYN A

32

2535

WEDGLEA DR

MARTINEZ FELICITAS

33

2535

WEDGLEA DR

MONTAG PATRIC

34

2535

WEDGLEA DR

WEBB ROBIN J

35

2535

WEDGLEA DR

MCKAY MICHAEL

36

2535

WEDGLEA DR

WILLIAMS AMY M

37

2535

WEDGLEA DR

THOMPSON RACHEL

38

2535

WEDGLEA DR

RAMOS ARMANDO

39

2535

WEDGLEA DR

SANCHEZ MELODY G

40

2535

WEDGLEA DR

TREDWAY JENNIFER L

41

2535

WEDGLEA DR

WATSON ELAINE

42

2535

WEDGLEA DR

KALFELL CASSIE

43

2535

WEDGLEA DR

RAMOS ARMANDO

44

2535

WEDGLEA DR

GEEZE MARY ELIZABETH

45

2535

WEDGLEA DR

WATTS EVA ESTATE OF

46

2535

WEDGLEA DR

EVANS MARSHA W

47

2535

WEDGLEA DR

HOYLE DELILAH L

48

2535

WEDGLEA DR

BOHMAN AMELIA T

49

2535

WEDGLEA DR

SMITH KENNETH WAYNE

50

2535

WEDGLEA DR

HLAING CHARLES & MONICA

51

2535

WEDGLEA DR

DUNCAN JACK L

52

2535

WEDGLEA DR

COLLIE RUTH

53

2535

WEDGLEA DR

GLIDEWELL CAROLYN J

54

2535

WEDGLEA DR

MCDONALD GEORGE MARK

55

2535

WEDGLEA DR

ALEXANDER DOROTHY M

56

2535

WEDGLEA DR

FORD HELEN FRANCES

57

2535

WEDGLEA DR

BROOKS ALICE F

17


Z123-334(RB) Thursday, November 07, 2013

Vote

Label # Address

Owner

58

2535

WEDGLEA DR

PEREZ JOE G

59

2535

WEDGLEA DR

RANDLE FRANCES MORENO

60

2535

WEDGLEA DR

DICKINSON PATRICK

61

2535

WEDGLEA DR

CHANDLER DEBBE KAY

62

2535

WEDGLEA DR

LAWSON JAMES H

63

2535

WEDGLEA DR

JIMENEZ MARY ALICE

64

2535

WEDGLEA DR

LITWIN STEPHAN C

65

2535

WEDGLEA DR

ERICKSON MICHAEL B

66

2535

WEDGLEA DR

PALOMO MARIA P

67

2535

WEDGLEA DR

MAZZMANIA LP

68

2535

WEDGLEA DR

BLUIETT MYRA C

69

2535

WEDGLEA DR

KELSKE FRANCIS J

70

2535

WEDGLEA DR

KOHUTEK MARK E

71

2500

FORT WORTH AVE

MATTOX JERRY &

72

2423

FORT WORTH AVE

DALLAS HOUSING AUTHORITY

73

2519

FORT WORTH AVE

MICHAEL LINDSEY

74

2620

COLORADO BLVD

RIVER ROCK HOLDINGS LLC

75

2511

WEDGLEA DR

VIEW DFW 4 LLC THE

76

2300

FORT WORTH AVE

FIRST NATIONAL BANK

77

2505

FORT WORTH AVE

ALDI LLC

78

2605

FORT WORTH AVE

FFZ CORPORATION

79

2602

FORT WORTH AVE

CENTURY 2602 LLC

80

2610

FORT WORTH AVE

HD DEVELOPMENT PPTIES LP

81

2530

FORT WORTH AVE

RICHARDS NADA JEAN TRUST

82

2450

BAHAMA DR

WAK BG PARTNERS

83

2500

WEDGLEA DR

WEDGLEA CREEK GARDEN HOMES INC

84

2510

WEDGLEA DR

WALSH STEPHEN A & MARY KATHY

85

2514

WEDGLEA DR

WOODARD CHARLES

86

2518

WEDGLEA DR

BEAUGH JOHN HAROLD JR

87

2524

WEDGLEA DR

AMUKOBOLE ELIZABETH

18


Z123-334(RB) Thursday, November 07, 2013

Vote

O

Label # Address

Owner

88

2526

WEDGLEA DR

PAYNE BILL

89

2528

WEDGLEA DR

KELLEY FRANCES M

90

2558

WEDGLEA DR

RYAN DAVID A

91

2556

WEDGLEA DR

HUBBARD THOMAS &

92

2520

WEDGLEA DR

HATFIELD RANDALL K

93

2544

WEDGLEA DR

HINTON JIMMY R

94

2552

WEDGLEA DR

FLINT RYAN

95

2530

WEDGLEA DR

DARLING CARY G

96

2534

WEDGLEA DR

COX FRANCES MARIE

97

2532

WEDGLEA DR

HODGES DALE

98

2536

WEDGLEA DR

GAGE LORI A

99

2546

WEDGLEA DR

VERTREES ROGER W

100

2550

WEDGLEA DR

PINKSTON FAMILY LIVING TRUST

101

2548

WEDGLEA DR

BAKER ANNA LAURIE &

102

2564

WEDGLEA DR

BARGER JIMMY M

103

2540

WEDGLEA DR

MORENO CONNIE K

104

2554

WEDGLEA DR

DEGRAFFENREID NATALIE N

105

2560

WEDGLEA DR

WEDGLEA CREEK GARDEN HOMES HOA

106

2566

WEDGLEA DR

KIRKPATRICK ROBERT O

107

2505

WEDGLEA DR

COOPER DON RAY

108

2505

WEDGLEA DR

HLAING CHARLES S & MONICA

109

2505

WEDGLEA DR

IZQUIERDO MARGARITA

110

2505

WEDGLEA DR

RODRIQUEZ JOSE

111

2505

WEDGLEA DR

HLAING CHARLES & MONICA

112

2505

WEDGLEA DR

EFURD DEBORAH J

113

2505

WEDGLEA DR

THOMAS YASMIN G

114

2505

WEDGLEA DR

CUHNA VILMAR S

115

2505

WEDGLEA DR

SNEAD KITTY ALICE

116

2505

WEDGLEA DR

TEJEDA LIZZETTE

117

2505

WEDGLEA DR

WINTERS MAURICE L

19


Z123-334(RB) Thursday, November 07, 2013

Vote

Label # Address

Owner

118

2505

WEDGLEA DR

WAGNER BETTY LOU LIF EST

119

2505

WEDGLEA DR

SIMMONS BARBARA K

120

2505

WEDGLEA DR

WARTENBACH GORDON R

121

2505

WEDGLEA DR

MENDIETTA BARTOLO

122

2505

WEDGLEA DR

ANDERSON JIM I

123

2505

WEDGLEA DR

COOLEDGE CHARLES

124

2505

WEDGLEA DR

EVES D W

125

2505

WEDGLEA DR

LOZANO KARA NICOLE

126

2505

WEDGLEA DR

HUIE CHERRY & ELAINE TAN

127

2505

WEDGLEA DR

MUNIZ PAUL A & CLAUDIA B

128

2505

WEDGLEA DR

BEGLEY LINDA L

129

2505

WEDGLEA DR

BEGLEY BERLIE

130

2505

WEDGLEA DR

HLAING MONICA

131

2505

WEDGLEA DR

VEGA IRENE

132

2505

WEDGLEA DR

CHANDLER JAREN

133

2505

WEDGLEA DR

PERRY SHIRLEE ANN

134

2505

WEDGLEA DR

FAIR CARMEN C EST OF

135

2505

WEDGLEA DR

HLAING CHARLES S

136

2505

WEDGLEA DR

MARTIN ANTHONY C

137

2505

WEDGLEA DR

HLAING CHARLES SEIN &

138

2505

WEDGLEA DR

HAMM ROBERT V

139

2505

WEDGLEA DR

ROBERTS GARY

140

2505

WEDGLEA DR

TONE ENTERPRISES INC

141

2505

WEDGLEA DR

HILL TARA NICHOLE

142

2505

WEDGLEA DR

LOPEZ RUTH G ESTATE OF

143

2505

WEDGLEA DR

HLAING CHARLES S &

144

2505

WEDGLEA DR

STANTON STEPHEN F &

145

2505

WEDGLEA DR

CABEZA ADRIANA F

146

2505

WEDGLEA DR

JOY LOQUITA

147

2505

WEDGLEA DR

HLAING CHARLES S &

148

2505

WEDGLEA DR

TOM ALFRED

149

2505

WEDGLEA DR

BOCKMAN THOMAS MICHAEL

150

2505

WEDGLEA DR

SHOCKLEY JASON D

20


Z123-334(RB) Thursday, November 07, 2013

Vote

Label # Address

Owner

151

2505

WEDGLEA DR

KLEIN KAREN FIDELIS

152

2505

WEDGLEA DR

MORRELL JAYNE E

153

2505

WEDGLEA DR

WESSON SARA

154

2505

WEDGLEA DR

DUKE DANIEL

155

2505

WEDGLEA DR

GRUBER SYDNEY K

156

2505

WEDGLEA DR

MASTON ROBERT D

157

2505

WEDGLEA DR

JAMES ROBERT C JR &

158

2505

WEDGLEA DR

GIBBONS KENNETH R TR &

159

2505

WEDGLEA DR

SAFFARINI RWAN I &

160

2505

WEDGLEA DR

HAMILTON DON

161

2505

WEDGLEA DR

VAUGHAN DAVID A

162

2505

WEDGLEA DR

MARTIN MARY E

163

2505

WEDGLEA DR

BAKER ANNA LAURIE

164

2505

WEDGLEA DR

MANNING CHARLES J

165

2505

WEDGLEA DR

GRILLO VINCENT J &

166

2505

WEDGLEA DR

VAUGHN FAMILY LIVING TR

167

2505

WEDGLEA DR

HAMM ROBERT V

168

2505

WEDGLEA DR

GRILLO VINCENT J & SANTA

169

2505

WEDGLEA DR

HARTER OLIVER G

170

2505

WEDGLEA DR

KING JUDITH

171

2505

WEDGLEA DR

DUKE DANIEL N

172

2505

WEDGLEA DR

PASS JAMES R

173

2505

WEDGLEA DR

MCDONALD GEORGE MARK

174

2505

WEDGLEA DR

KAVANAUGH SAKIKO T ESTATE OF

175

2505

WEDGLEA DR

DAVIS CURTIS JACKSON

176

2505

WEDGLEA DR

TEMPLETON JAMES T &

177

2505

WEDGLEA DR

STARKEY SUSAN M

178

2505

WEDGLEA DR

EVES ROBERT

179

2505

WEDGLEA DR

WERNER CORKY R

180

2505

WEDGLEA DR

MONTGOMERY E STEVE &

181

2505

WEDGLEA DR

WARREN L C

21


Z123-334(RB) Thursday, November 07, 2013

Vote

Label # Address

Owner

182

2505

WEDGLEA DR

IZQUIERDO MARGARITA

183

2505

WEDGLEA DR

MUELLER PROP LTD

184

2506

WEDGLEA DR

HLAING CHARLES SEIN &

185

2506

WEDGLEA DR

HEDRICK RICHARD

186

2506

WEDGLEA DR

HLAING CHARLES & MONICA

187

2506

WEDGLEA DR

ALLEN CHARLOTTE A

188

2506

WEDGLEA DR

STANLEY MARGARET

189

2506

WEDGLEA DR

HLAING CHARLES S & MONICA

190

2506

WEDGLEA DR

BURNS GARY WAYNE

191

2506

WEDGLEA DR

SHARP HENRY STEPHEN

192

2506

WEDGLEA DR

WATSON WILLIAM F

193

2506

WEDGLEA DR

DELACRUZ MIGUEL JR

194

2506

WEDGLEA DR

KIRKPATRICK ROBERT WAYNE &

195

2506

WEDGLEA DR

SKOBEL ROBERT

196

2506

WEDGLEA DR

BARGER BRIAN O

197

2506

WEDGLEA DR

DUKE DANIEL N

198

2506

WEDGLEA DR

HARVEY REGINALD M

199

2506

WEDGLEA DR

WALKER MELANIE L

200

2506

WEDGLEA DR

NUNEZ ROSA & BLAS ALFARO

201

2506

WEDGLEA DR

KAPLAN LETICIA S

202

2506

WEDGLEA DR

HUDGEONS JOHN & HEATHER

203

2506

WEDGLEA DR

FLINT JAMES E

204

2506

WEDGLEA DR

MORGAN CHARMAYE

205

2506

WEDGLEA DR

DURHAM RON

Thursday, November 07, 2013

22


AGENDA ITEM # 81 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

8

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

58 S

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 greater than 3,500 square feet on property zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay on the north line of Great Trinity Forest Way (Loop 12), east line of Jim Miller Road Recommendation of Staff and CPC: Approval for a two-year period with eligibility for automatic renewals for additional five-year periods, subject to a site plan and conditions Z123-337(CG)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-337(CG)

DATE FILED: July 30, 2013

LOCATION:

North line of the Great Trinity Forest Way, East of Jim Miller Road

COUNCIL DISTRICT:

8

MAPSCO: 58-S

SIZE OF REQUEST:

+ 2.959 acres

CENSUS TRACT: 93.04

APPLICANT/ OWNER:

Victron Stores, LP

REPRESENTATIVE:

Kenneth D. Baca

REQUEST:

An application for a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned a CR-D-1 Community Retail District with a D1 Liquor Control Overlay.

SUMMARY:

The applicant proposes to sell alcohol for off-premise consumption in conjunction with the construction of a new general merchandise or food store with a drive-thru restaurant and motor vehicle fueling station.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

1


Z123-337(CG) 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 proposed convenience 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 new construction of a convenience store will provide 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 – Once the use is operational it must comply with Chapter 12B 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 request site is approximately a +2.959 acre tract of undeveloped land located at the northeast corner of the Great Trinity Forest Way (Loop 12) and N. Jim Miller Rd.

The subject site will be developed with a 6,000 square foot single story convenience store and gas station inclusive of a 1,500 sq. ft. fast food restaurant with drive-thru access.

The existing zoning is CR Community Retail with a D-1 Liquor Control Overlay which requires a Specific Use Permit to sell or serve alcoholic beverages or setups for alcoholic beverages for consumption on or off the premises.

Zoning History: 1. Z078-264

On October 22, 2008, the City Council approved amendments to the conditions of the public school (Specific Use Permit No. 1008).

2


Z123-337(CG)

Thoroughfares/Streets: Thoroughfare/Street

Jim Miller Road Great Trinity Forest Way

Type

Existing ROW

Proposed ROW

Minor Arterial Major Arterial

100 ft. 100 ft.

100 ft. 100 ft.

Land Use:

Site North

Zoning CR-D-1 SUP 1008, R-7.5(A)

South

CR-D-1

East West

MF-2(A) CR-D-1

Land Use Undeveloped Residential, public school, church Undeveloped parcels, general merchandise store, motel Undeveloped parcels, multifamily Auto related, church

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 as being in 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 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: The +2.959 acres or 128,884 sq. ft. site is an undeveloped tract of land zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay. The applicant proposes to sell alcohol for off-premise consumption in conjunction with the 6,000 square foot single story convenience store and gas station 3


Z123-337(CG) inclusive of a 1,500 sq. ft. fast food restaurant with drive-thru access. Due to the D-1 Liquor Control Overlay, a specific use permit is required. The proposed use and its adjacency to the residential uses should not adversely impact the surrounding area. The subject site is located at the northeast intersection of major and minor arterials. The surrounding land uses consist primarily of single family residential uses and a public school to the north; undeveloped parcels and multifamily development to the east; undeveloped parcels, residential, general merchandise store and motel to the south; and a church, personal service and auto related uses to the west. A church use is located north of the subject site, and is located beyond the 300 foot distance of the general merchandise or food store. The distance is measured from the front door of the store to the front door of the church, along the right-of-way lines. 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. The general merchandise use is also regulated by Chapter 12B of the Dallas City Code, Convenience Stores. This chapter applies to all convenience stores, which is defined as any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than 10,000 square feet of retail floor space; the term does not include any business that has no retail floor space accessible to the public. 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. This chapter establishes a registration program for convenience stores and provides requirements relating to:

4


Z123-337(CG) • • • • •

• • • •

surveillance camera systems, video recording and storage systems, alarm systems, drop safes, security signs,

height markers, store visibility, safety training programs, and trespass affidavits

A separate certificate of registration is required to comply with Chapter 12B; however, this is a new construction project. Once the convenience store becomes operational the use will have to meet the requirements of Chapter 12B on a yearly basis. Development Standards: DISTRICT

CS-D-1 Commercial Service

SETBACKS Front 15’ 0’ on minor

Side/Rear 20’ adjacent to residential OTHER: No Min.

Density

Height

Lot Coverage

Special Standards

0.75 FAR overall 0.5 office/ lodging/ retail combined

45’ 3 stories

80%

Proximity Slope Visual Intrusion

PRIMARY Uses Commercial & business service, supporting retail & personal service & office

Landscaping: Landscaping of any development will be in accordance with Article X, as amended. Parking: The Dallas Development Code requires off-street parking to be provided for each use as follows: general merchandise or food store at 4,500 sq. ft. equates to 22 spaces (1 space per 200 sq. ft. or floor area); 1,500 sq. ft. drive-through restaurant equates to 15 spaces (1 space per 100 sq. ft. or floor area); and 2 spaces for a motor vehicle fueling station. The applicant will provide 52 parking spaces per the attached site plan. 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. Dallas Police Department: The site is presently undeveloped; therefore, no information was obtained from the Police Department regarding calls at this location.

5


Z123-337(CG) APPLICANT INFORMATION

Victron Stores, LP --Limited Partner: Victron Energy, Inc. --General Partner: Victron Investment, LLC Victron Energy, Inc. --President/Secretary: Ali Sharaf Victron Investment, LLC --Member: Ali Sharaf --Member: Victron Holdings, LP Victron Holding, LP --Limited Partner: Ali Sharaf --General Parnter: Victron Management, LLC Victron Management, LLC --Member: Ali Sharaf --Member: Victron Management Trust Victron Management Trust --Sole Trustee: Ali Sharaf

PROPERTY OWNER Kwang Chong

6


Z123-337(CG) CPC Action: (October 24, 2013) 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 greater than 3,500 square feet 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 CRD-1 Community Retail District with a D-1 Liquor Control Overlay on the north line of Great Trinity Forest Way (Loop 12), east of Jim Miller Road. Maker: Second: Result:

Shidid Ridley Carried: 14 to 0 For: 14 - Anglin, Soto, Rodgers, Culbreath, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley Against:

0

Absent:

1 - Alcantar

Vacancy:

0

Notices: Area: Replies: For:

300 0

Mailed: 16 Against: 0

Speakers: None

7


Z123-337(CG) CPC 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 greater than 3,500 square feet and a restaurant with drive-through service.

2.

DRIVE-THROUGH WINDOW: A retail use may not use a drive-through window for retail sales of alcoholic beverages.

3.

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

4.

PLATTING: The general merchandise or food store, with an SUP for the offpremise sale of alcoholic beverages, and drive-through restaurant is shown as Lot 1A, Block 6275 (+2.959 acres) only on the attached site plan. Replatting of the Property must be completed before issuance of a building permit or a certificate of occupancy.

5.

TIME LIMIT: This specific use permit expires on_____, (two-year period from the passage of this ordinance), 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).

6.

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

7.

PARKING: Parking must be located as shown on the attached site plan.

8.

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

9.

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


Z123-337(CG)

9


Z123-337(CG)

10


Z123-337(CG)

11


Z123-337(CG)

Public School Single Family

Church

Restaurant

Retail

Multifamily 1872

Auto-related

Undeveloped

Undeveloped Motel C-Store

12


Z123-337(CG)

CPC RESPONSES 1

13


Z123-337(CG) CPC RESPONSES

14


Z123-337(CG) Page 1 of 1 10/29/2013

Notification List of Property Owners Z123-337 16 Property Owners Notified Owners in Favor

Vote

0 Property Owners Opposed

Label # Address

0 Property

Owner

1

124

JIM MILLER RD

ST JAMES AFRICAN

2

116

JIM MILLER RD

CHONG KWANG

3

7036

GREAT TRINITY FOREST WAY

JUNEJA DALLAS LLC

4

7028

GREAT TRINITY FOREST WAY

PHILLIPS LEO &

5

115

JIM MILLER RD

RONA SABUR CORPORATION

6

6901

GREAT TRINITY FOREST WAY

CATHEDRAL OF FAITH

7

7015

GREAT TRINITY FOREST WAY

CATHEDRAL OF FAITH

8

129

JIM MILLER RD

M BAIG INVESTMENTS LLC

9

7026

ATHA DR

WRIGHT THOMAS ESTATE OF

10

7032

ATHA DR

WHITE BARBARA J

11

7100

GREAT TRINITY FOREST WAY

YMCA OF METROPOLITAN

12

200

JIM MILLER RD

ST JAMES AFRICAN METHODST

13

7203

GREAT TRINITY FOREST WAY

GROVE VILLAGE LTD PTNRS

14

7020

GREAT TRINITY FOREST WAY

JUNEJA HOSPITALITY HOLDINGS LLC

15

7071

GREAT TRINITY FOREST WAY

ALEJANDRE ARCANGEL

15


AGENDA ITEM # 82 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45 M

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1982 for a bar, lounge, or tavern and commercial amusement (inside) for a dance hall on property zoned Tract A within Planned Development District No. 269 on the southwest corner of Elm Street and North Crowdus Street Recommendation of Staff and CPC: Approval for a two-year period, subject to conditions Z123-347(JH)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa O’Donnell

FILE NUMBER:

Z123-347 (JH)

DATE FILED: August 2, 2013

LOCATION:

Southwest corner of Elm Street and N. Crowdus Street

COUNCIL DISTRICT: 2

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 204.00

Approx. 0.11 acres

45-M

REPRESENTATIVE:

Audra Buckley

APPLICANT:

Wit’s End, James Adkins

OWNER:

Westdale Properties America I, Ltd.

REQUEST:

An application to renew Specific Use Permit No. 1982 for a bar, lounge, or tavern and commercial amusement (inside) for a dance hall use on property zoned Planned Development District No. 269 Tract A.

SUMMARY:

The applicant proposes to continue operation of a bar and dance hall.

STAFF RECOMMENDATION:

Approval for a two-year period subject to conditions

CPC RECOMMENDATION:

Approval for a two-year period subject to conditions

1


Z123-347(JH) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of this Special Use Permit based upon: 1. Compatibility with surrounding uses and community facilities – The bar and dance hall use are typical uses within the Deep Ellum area. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The operation provides positive economic activity in the Deep Ellum area and occupancy of an existing building. 3. Not a detriment to the public health, safety, or general welfare – The attached police report indicates no reported activity at this location. 4. Conforms in all other respects to all applicable zoning regulations and standards – The site plan and use of the property complies with zoning. BACKGROUND INFORMATION: •

The request site is currently developed with a commercial building. Previous to SUP No. 1982, the previous operation of a bar, lounge, or tavern was governed by SUP No. 1697, which was approved on January 8, 2008 and expired January 9, 2011. SUP No. 1982 was approved on August 22, 2012 for a one-year period. The very short time period was due to the tenant not being proposed until after the first City Plan Commission hearing for that SUP request.

The applicant proposes to use the existing building for a bar and dance hall with a maximum dance floor of 120 square feet.

Zoning History: File No.

Request, Disposition, and Date

1. Z067-233

On August 8, 2007, the City Council approved a Specific Use Permit for a bar, lounge or tavern for a one-year time period.

2. Z067-289

On October 24, 2007, the City Council approved a Specific Use Permit for a bar, lounge or tavern for an 18-month time period.

3. Z056-271

On January 10, 2007, the City Council approved a Specific Use Permit for a Tattoo Studio and Body Piercing Studio for a five-year time period with eligibility for automatic renewal for additional fiveyear periods.

4. Z101-219

On January 8, 2011, the City Council approved a Specific Use Permit for a bar, lounge or tavern for a two-year time period.

2


Z123-347(JH) 5. Z067-347

On December 12, 2007, the City Council approved a Specific Use Permit for a bar, lounge or tavern and an Inside commercial amusement limited to a live music venue for a five-year time period.

6. Z078-122

On Wednesday, March 26, 2008 approved a Specific Use Permit for a Tattoo Studio and Body Piercing Studio.

7. Z101-187

On May 23, 2011, the City Council approved the renewal of Specific Use Permit No. 1757 for a bar, lounge or tavern for a three-year time period.

8. Z089-273

On December 9, 2009, the City Council approved a Specific Use Permit for a bar, lounge, or tavern and Inside commercial amusement for a Class A Dance hall for a two-year period.

9. Z101-347

On December 14, 2011, the City Council approved a Specific Use Permit for a bar, lounge, or tavern for a three-year period time period.

10. BDA112-019 On February 21, 2012, the Board of Adjustment denied a special exception of 21% to the parking regulations for a public or private school. 11. Z090-213

On October 24, 2007, the City Council approved SUP No. 1686 for a tattoo or body piercing studio for a three-year period with eligibility for automatic renewal for additional three-year periods.

12. Z101-344

On November 7, 2011, the City Council approved an SUP for a bar, lounge or tavern for a two-year period.

13. Z090-144

On June 23, 2010, the City Council approved an amendment to and renewal of Specific Use Permit No. 1700 for a Bar, lounge or tavern and an Inside commercial amusement limited to a Class A dance hall for a two-year period.

Thoroughfares/Streets: Thoroughfares/Street

Type

Existing ROW

Elm Street

Local

70 ft.

Crowdus Street

Local

50 ft.

STAFF ANALYSIS: Comprehensive Plan: The request site lies within an Urban Mixed-Use Building Block. This Building Block

3


Z123-347(JH) provides for a healthy balance of housing, job, and shopping that permits residents to live, work, shop, and play in the same neighborhood. Wide sidewalks and pedestrian features offer alternative access options to this type of area, thus permitting foot and bike traffic to benefit from the mix of uses. 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 approximately 5,000 square foot request site is zoned Planned Development District No. 269 Tract A and is currently developed with a commercial building. The applicant is proposing to continue the operation of a bar and dance hall on the property. The ground floor has approximately 4,697 square feet of floor area. The building has an approximately 2,300 square foot roof deck and approximately 96 square feet of floor area for a bar and stairwell on the roof. The total floor area for this property is 4,793 square feet. The proposed dance floor is a maximum of 120 square feet. The site is surrounded by a mix of retail/restaurant uses that are served by various surface parking lots and metered spaces along Elm 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 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 use is surrounded by other retail uses and various surface parking lots. The site is in close proximity to the DART Green Line. As noted below, there has been minimal reported police activity at this location for the past five years. As a result of this analysis, staff has determined the request complies with the general provisions for consideration of an SUP. Staff is recommending a two year period to continue to allow for monitoring of the operation of the bar and dance hall and its impact on surrounding property.

4


Z123-347(JH) Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the requested renewal and determined it will not significantly impact the surrounding street system. Off-Street Parking: The proposed bar and dance hall will require 19 off-street parking spaces. This minimum requirement is calculated with the discount for original buildings in PD No. 269 (first 2,500 square feet of an original building does not require parking for certain land uses), a 10% reduction for proximity to DART, and 6 on-street parking spaces adjacent to this property. The applicant must meet the minimum requirement by a remote parking agreement or as permitted in PD No. 269, which allows for payment into a fund in lieu of providing parking spaces or an agreement. It has always been anticipated that Deep Ellum serves as an entertainment and retail destination that often finds patrons traversing the area on foot. As a result, the areaâ&#x20AC;&#x2122;s surface parking lots and on-street meters provide for parking options. Police Report: The following police report shows activity at the request site for the past five years. Please note that the current operator has been operating at the request site since October 11, 2012. This report shows no police report activity since October 11, 2012.

5


Z123-347(JH) List of Partners/Principals/Officers Westdale Properties America I, Ltd., a Texas limited partnership Officers of Westdale Properties America I, Ltd. Joseph G. Beard, President Ken Carlson, Vice President Chuck Hixson, Vice President Westdale Properties America, Inc., a Texas corporation, Limited Partner Officers of Westdale Properties America, Inc. Joseph G. Beard, President Ken Carlson, Vice President JGB Ventures, Inc., a Texas corporation, General Partner Officers of JGB Ventures, Inc. Joseph G. Beard, President Ken Carlson, Vice President

6


Z123-347(JH) CPC Minutes October 24, 2013 Z123-347(JH) Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1982 for a bar, lounge, or tavern and commercial amusement (inside) for a dance hall for a two-year period, subject to conditions on property zoned Tract A within Planned Development District No. 269 on the southwest corner of Elm Street and North Crowdus Street. Maker: Shidid Second: Ridley Result: Carried: 13 to 0 For:

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

Area: For:

13 - Anglin, Soto, Rodgers, Culbreath, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley 0 1 - Alcantar 0

200 1

Mailed: 20 Against: 0

None

7


Z123-347(JH) CPC Recommended SUP Conditions 1.

USE: The only uses authorized by this specific use permit are an alcoholic beverage establishment limited to a bar, lounge or tavern and a commercial amusement (inside) limited to a Class A dance hall.

2.

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

3.

TIME LIMIT: This specific use permit automatically terminates on August 22, 2013 (two years).

4.

FLOOR AREA: a. Maximum floor area for a bar, lounge or tavern and a dance hall is 4,792 square feet in the location as shown on the attached site plan. b. Maximum floor area for a dance floor is 120 square feet. c. The maximum area for the uncovered rooftop patio is 2,400 square feet.

5.

HOURS OF OPERATION: The bar, lounge or tavern and dance hall may only operate between 4:00 p.m. and 2:00 a.m. (the next day), Monday through Friday and between 12:00 p.m. and 2:00 a.m. (the next day), Saturday through Sunday.

6.

PARKING: Parking must be provided in accordance with the requirements of Planned Development District No. 269, the Deep Ellum/Near East Side District. Delta credits, as defined in Section 51A-4.704(b)(4)(A), may not be used to meet the off-street parking requirement.

7.

OUTDOOR SPEAKERS: Outdoor speakers are prohibited.

8.

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

9.

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


Z123-347(JH) EXISTING SUP SITE PLAN

9


Z123-347(JH)

10


Z123-347(JH)

11


Z123-347(JH)

Surface Parking

Retail Tattoo parlor

Retail

Retail/ Com. Amuse Inside

Surface Parking

Retail Retail

12


Z123-347(JH)

2

10 11 7 12 1 5 9

8

6

13

3

4

13


Z123-347(JH) CPC Responses

14


Z123-347(JH) Page 1 of 1 10/29/2013

Notification List of Property Owners Z123-347 20 Property Owners Notified Owner in Favor

0 Property Owners Opposed

Vote Label # Address O

1

2724

1 Property

Owner ELM ST

WESTDALE PROPERTIES AMERICA I LTD

2

2815

MAIN ST

CASS DON E TR

3

2708

MAIN ST

LAMBETH WILLIAM V &

4

2702

MAIN ST

42 DEEP ELLUM LP

5

2625

ELM ST

UPLIFT EDUCATION

6

2800

MAIN ST

CONGRESS STREET NIGHTS

7

2801

ELM ST

42 DEEP ELLUM LP

8

2713

ELM ST

ELM STREET REALTY LTD

9

2715

MAIN ST

MAIN PROPERTIES LLC

10

2707

MAIN ST

DEALEY CHRISTOPHER C

11

2701

MAIN ST

42 DEEP ELLUM LP

12

2653

MAIN ST

PETERS WILSON G

13

2816

ELM ST

BLANTON DONNY G

14

2809

MAIN ST

BLANTON DON G

15

2721

ELM ST

2723 ELM STREET JV

16

2717

ELM ST

WESTDALE PPTIES AMERICA LTD

17

2717

ELM ST

WESTDALE PPTIES AMERICA LTD

18

2707

ELM ST

BELMOR CORP

19

2810

INDIANA BLVD

BLANTON DON

20

2811

ELM ST

MCCORMICK ARTHUR SR LFEST

Tuesday, October 29, 2013

15


AGENDA ITEM # 83 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 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. 1905 for a Late-hours establishment limited to a Restaurant without drive-in or drive-through service on property zoned Planned Development District No. 842, Greenville Avenue for CR Community Retail District Uses with an MD-1 Modified Delta Overlay on the west line of Greenville Avenue, south of Sears Street Recommendation of Staff and CPC: Approval for a three-year period, subject to conditions Z123-362(RB)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-362 (RB)

LOCATION:

West Line of Greenville Avenue, South of Sears Street

COUNCIL DISTRICT:

14

MAPSCO: 36 X

SIZE OF REQUEST:

Approx. 15,073 Sq. Ft.

CENSUS TRACT: 10.02

APPLICANT/REPRESENTATIVE:

DATE FILED: August 22, 2013

Samuel J. Mandell, III

OWNER:

1919-27 Greenville, Ltd.

REQUEST:

An application for the renewal of Specific Use Permit No. 1905 for a Late-hours establishment limited to a Restaurant without drive-in or drive-through service on property zoned Planned Development District No. 842, Greenville Avenue for CR Community Retail District Uses with an MD-1 Modified Delta Overlay.

SUMMARY:

The applicant is proposing to continue operation of an existing restaurant with late hours.

CPC RECOMMENDATION:

Approval for conditions.

a

three-year

period,

subject

to

STAFF RECOMMENDATION:

Approval for conditions.

a

three-year

period,

subject

to

1


Z123-362(RB) Guiding Criteria for Recommendation: Staff recommends approval of this renewal and amendment subject to the revised site plan and 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. To mitigate any potential impacts upon residential uses in proximity, no outside operations (i. e., patio areas) face the residential area to the west and the use of outdoor loudspeakers is prohibited. 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 (three reported offenses between 12:00 midnight and 6:00 a.m. and one warning reported by TABC) since the granting of SUP No. 1905 for this late hours establishment. 4. Conforms in all other respects to all applicable zoning regulations and standards – A valid certificate of occupancy exists and no building, health, or safety code violations have been recorded. BACKGROUND INFORMATION: •

The existing improvements are utilized for a restaurant. The applicant has operated at this location since July, 2007.

The restaurant occupies 1,475 square feet of floor area and is requesting approval for a future 253 square foot uncovered patio located along the site’s Greenville Avenue frontage; the latter subject to approval of a private license.

On January 26, 2011, the City Council approved Planned Development District No. 842 for CR District Uses, and furthermore requires an SUP for any retail and personal service uses operating between the hours of 12:00 midnight and 6:00 a.m.

On February 24, 2011, the City Council approved SUP No. 1905 for a Late-hours establishment limited to a restaurant without drive-in or drive-through service.

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

2


Z123-362(RB) 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 fiveyear period.

2. Z101-303

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 five-year period subject to a site plan and conditions.

3. 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.

4. 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.

5. Z123-304

Renewal of SUP No. 1904 for a late-hours establishment limited to a restaurant without drive-in or drive-through service. Pending the November 12, 2013 Council hearing (CPC recommended approval on October 10, 2013.

6. Z101-318

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 three-year period subject to a site plan and conditions.

7. 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 oneyear period subject to a site plan and conditions.

8. Z123-315

On October 23, 2013, the City Council approved the renewal of Specific Use Permit No. 1912 for a Late-hours 3


Z123-362(RB) establishment limited to a Bar, lounge, or tavern use for a three-year period, subject to a revised site plan and revised conditions. Street Greenville Avenue

Existing & Proposed ROW Local; 50’ ROW

Traffic: The Engineering Section of the Sustainable Development and Construction Department has reviewed the requested renewal 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.

4


Z123-362(RB) Land Use: The request site possesses improvements that are utilized for a restaurant; 1,475 square feet of floor area and a request for a future 253 square foot uncovered patio that fronts along the site’s Greenville Avenue frontage. The applicant is requesting the renewal of SUP No. 1905. The restaurant has been at this location since July, 2007. 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) establishment;

the number of citations issued by police to patrons of the

(2) the number of citations issued by police for noise ordinance violations by the establishment; (3) the number of arrests for public intoxication or disorderly conduct associated with the establishment; (4) the number of Texas Alcoholic Beverage Code violations of the establishment; and (5) the number of violent crimes associated with the establishment, with emphasis on violent crimes originating inside the establishment. In addition to the regulations of PDD No. 842, the Dallas Development Code establishes general criteria for any use requiring an SUP: 5


Z123-362(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 applicantâ&#x20AC;&#x2122;s improvements are oriented along the north-south alignment of Greenville Avenue with no direct access to the residential areas that are found beyond those uses along the street. The applicant has operated in a responsible manner with three of the seven reported offense calls (Nos. 2, 4, and 5, below) involving police activity at the location for the time period of approval of SUP No. 1905 (September 14, 2011) through October, 28, 2013 occurring between the hours of 12:00 midnight and 6:00 a.m. With respect to the applicantâ&#x20AC;&#x2122;s standing with the Texas Alcoholic Beverage Commission, one miscellaneous violation (written warning) has been filed for the time period of September 14, 2011 through October 17, 2013. Parking: The existing restaurant requires and provides 15 off-street parking spaces. It should be noted the applicant and the property owner are aware of the requirement that off-street parking (one space for each 100 square feet of patio area) must be provided for utilization of the future patio area. Landscaping: The existing development is void of landscape materials. The request will not trigger compliance with Article X.

6


Z123-362(RB) CPC ACTION (November 7, 2013) Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1905 for a Late-hours establishment limited to a Restaurant without drive-in or drive-through service for a three-year period, subject to conditions on property zoned Planned Development District No. 842, Greenville Avenue for CR Community Retail District Uses with an MD-1 Modified Delta Overlay on the west line of Greenville Avenue, south of Sears Street. Maker: Anglin Second: Shellene Result: Carried: 15 to 0 For:

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

Area: For:

15 - Anglin, Soto, Rodgers, Culbreath, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar 0 0 0

200 4

Mailed: 20 Against: 0

None

7


Z123-362(RB)

List of Partners/Principles/Officers

• Hope Street, LLC - GP • Reese Children's Trust II - Limited • AJ Associates - Limited

8


Z123-362(RB) CPC AMENDING CONDITIONS FOR SPECIFIC USE PERMIT NO. 1905 1. USE: The only use authorized by this specific use permit is a late-hours establishment limited to a restaurant without drive-in or drive-through service. 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 September, 2013 (three years). 4. FLOOR AREA: A.

Maximum floor area is 1,475 square feet.

B. Maximum outdoor patio area is 253 square feet in the location shown on the attached site plan. C.

The patio must be uncovered.

D. The owner or operator must obtain a private license for an outdoor patio, with copy provided to the building official, before the outdoor patio may be used for customers. 5. HOURS OF OPERATION: The late-hours establishment may only operate between 12:00 a.m. (midnight) and 3:00 a.m., Tuesday, Wednesday, Thursday, and Sunday, and between 12:00 a.m. (midnight) and 4:00 a.m., Friday and Saturday. 6. MAINTENANCE: The entire Property must be properly maintained in a state of good repair and neat appearance. 7. GENERAL REQUIREMENT: 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


Z123-362(RB)

Existing Site Plan

10


Z123-362(RB)

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VICINITY MAP

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Case no:

Date:

Z123-362 10/25/2013


Z123-362(RB)

AERIAL MAP

Case no:

Z123-362 _...!:::...!:.=.:......=....=.;;::;___

Date: _

1:1,200 12

10/25/2013 ___:_::-=-----


Z123-362(RB)

Surface Parking

Retail

Retail

Retail Surface Parking Restaurant

13


Z123-362(RB)

6

2

1

7 8

4

3

5

14


Z123-362(RB) CPC RESPONSES

D 20

6

16 4 9

0

10

10

11

J_

0

17

18

15

0

19

...

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w "-

ALTA AVE

0

:c

___2'-'-0_ _ Property Owners Notif ied (22 parcels)

___4.:..._ __ _ _ _O___ _ _2'....:;'00 --=----'- 11/7/2013

Z123-362

Rep lies in favo r (4 parcels) Rep lies in Opposit ion (0 par cels) Area of Notif icat ion Date

CPC 1:1 ,200 15


Z123-362(RB) Page 1 of 1 11/7/2013

Notification List of Property Owners Z123-362 20 Property Owners Notified Owners in Favor

Vote O

O

O

O

0 Property Owners Opposed

Label # Address

4 Property

Owner

1

1919

GREENVILLE AVE

1919 27 GREENVILLE LTD

2

1917

GREENVILLE AVE

WORLD WIDE FOOD INC

3

2026

GREENVILLE AVE

ANDRES FAMILY TRUST

4

2004

GREENVILLE AVE

LAVO PROPERTIES LLC

5

2000

GREENVILLE AVE

LANDE PAUL &

6

5716

PROSPECT AVE

ANDRES FAMILY TRUST

7

5710

ORAM ST

SOURIS MINOS

8

1920

GREENVILLE AVE

LOWGREEN PS

9

5618

SEARS ST

GREENVILLE HOLDINGS CO

10

5624

SEARS ST

5624 SEARS STREET LTD

11

5628

SEARS ST

ANDRES FAMILY TRUSTS

12

5619

ALTA AVE

THACKER RICHARD E JR

13

5623

ALTA AVE

SHIELDS WILLIAM OLIVER

14

5627

ALTA AVE

WSVV

15

5631

ALTA AVE

WSVV LLC

16

1931

GREENVILLE AVE

GENARO TRUST 1

17

1911

GREENVILLE AVE

INTERCITY INVESTMENT PROP

18

1909

GREENVILLE AVE

WORLDWIDE FOOD INC

19

1903

GREENVILLE AVE

LOWGREEN PS

20

2001

GREENVILLE AVE

2001 GREENVILLE VENTURE LTD

Thursday, November 07, 2013

16


AGENDA ITEM # 84 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

23 E

SUBJECT A public hearing to receive comments regarding an application for a Planned Development District for MU-2 Mixed Use District uses and a Specific Use Permit for outside sales on property zoned an IR Industrial Research District and Planned Development District No. 498 on a portion, the Harry Hines Corridor Special Purpose District on the northeast corner of Royal Lane and Grissom Lane and an ordinance granting the Planned Development District Recommendation of Staff and CPC: Approval of a Planned Development District, subject to a conceptual plan and conditions and denial of a Specific Use Permit Z123-238(WE)


HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, DECEMBER 11, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-238(WE)

DATE FILED: April 2, 2013

LOCATION:

Royal Lane and Grissom Lane, northeast corner

COUNCIL DISTRICT:

6

MAPSCO:

SIZE OF REQUEST:

Approx. 12.12 acres

CENSUS TRACT: 96.10

23-E

APPLICANT/ OWNER:

New World Trade Center 1, Ltd.

REPRESENTATIVE:

Robert Baldwin Baldwin Associates

REQUEST:

An application for a Planned Development District for MU-2 Mixed Use District uses and a Specific Use Permit for outside sales on property zoned an IR Industrial Research District and Planned Development District No. 498 on a portion, the Harry Hines Corridor Special Purpose District.

SUMMARY:

The applicant initially proposes to develop the site for outside sales for a limited time period, which will require a Specific Use Permit. However, the applicant decided not to pursue the Specific Use Permit for outside sales during the City Plan Commission hearing. The second component of the development is to construct a mixed use development that will consist of retail and multifamily uses.

CPC RECOMMENDATION: Approval of a Planned Development District, subject to a conceptual plan and conditions and denial of a Specific Use Permit

STAFF RECOMMENDATION: Approval of a Planned Development District, subject to a conceptual plan and conditions and denial of a Specific Use Permit

1


Z123-238(WE)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval the Planned Development District based upon: 1. Performance impacts upon surrounding property – The request for a Planned Development District for MU Mixed Use District uses should not have a negative impact on the surrounding areas. The types of uses proposed for the site could support the adjacent businesses as well as provide the residential density that is needed to support a light rail station. 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 in located in an Urban Mixed Use Building Block where a combination of residential and retail uses are envisioned for the area. 4. Justification for PD Planned Development District Zoning as opposed to a straight zoning district – The proposed Planned Development District will limit the development rights specifically to the residential and retail uses the applicant is proposing on site. Staff recommends denial of the Special Use Permit based upon: 1. Compatibility with surrounding uses and community facilities – The Specific Use Permit for outside sales is not a compatible use for an area that is transitioning from industrial type uses to residential and retail type uses. Outside sales are more appropriate in areas that are zoned for an RR Regional Retail District and in the downtown central business district. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – Staff believes that an outside sale use could negatively impact the surrounding businesses; therefore, the use will not enhance or promote an area that is transitioning to residential and retail uses. 3. Not a detriment to the public health, safety, or general welfare – There is a potential conflict between the vehicular traffic that an outside sales use will bring to the area with the truck traffic from the adjacent industrial and commercial uses. An outside sales use is intended to attract a large group of people, regionally, and the traffic generated by the use could become a detriment to the public’s health, safety or general welfare. 4. Conforms in all other respects to all applicable zoning regulations and standards – The proposed Specific Use Permit for outside sales will comply with all applicable zoning regulations and standards. 2


Z123-238(WE)

BACKGROUND INFORMATION: •

The request site is currently undeveloped and is proposed to be developed in two phases. The applicant initially proposes to develop the site as an outside sales area, which requires a Specific Use Permit, for a limited time period. The second development component is to construct a mixed-use development that will consist of approximately 400 multifamily units and a retail component with approximately 80,000 square feet of floor area.

During the City Plan Commission public hearing process, the applicant’s representative indicated that his client was no longer pursuing the Specific Use Permit for outside sales. As a result of the representative’s request, the City Plan Commission still had to take action on the original request for a Specific Use Permit because notices were mailed to the adjacent property owners regarding the applicant’s request for a PDD for MU-2 District uses and a SUP for outside sales.

The site plan and conditions for the Specific Use Permit for outside sales have been provided in the case report since it was a part of the original request. The applicant could request the City Council consider the Specific Use Permit component as part of their request.

Zoning History: There has not been any recent zoning change requested in the area within the previous three years. Thoroughfares/Streets: Thoroughfare/Street

Royal Lane Grissom Lane

Type

Existing ROW

Proposed ROW

Principal Arterial Local

80 ft. 50 ft.

80 ft. 50 ft.

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. The analysis is based upon the traffic worksheet the applicant provides during the application submittal.

3


Z123-238(WE)

Surrounding Land Uses:

Site

Zoning IR, PDD No. 492

North South

IR PDD No. 498

East

IR

West

PDD No. 498 w/ SUP No. 1664, IR with SUP No. 1664, IR

Land Use Undeveloped, Retail & personal service Commercial & Industrial Post Office, Retail and personal service Undeveloped, Car wash, Commercial & Industrial DART, Commercial

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 an Urban Mixed Use Building Block and adjacent to a Transit Center. 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. The proposed MU-2 MU Mixed Use development will provide a safe pedestrian access on Royal Lane to the various retail shops and light rail station. 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: The area, in which the request site is located, is slowly transitioning from industrial and commercial uses to retail and personal service uses. The proposed Planned Development District for mixed uses could bring additional residential density to the area to support and serve the DART light rail station, which is located on the west side of Grissom Lane. The applicant proposes to develop the 12.12 acre site with approximately 400 multifamily family units and 80,000 square feet of retail uses. The retail uses will be oriented towards Royal Lane with the residential component being

4


Z123-238(WE)

oriented towards the site’s interior space. mixed use development in the future.

The applicant proposes to construct the

Staff has reviewed the applicant’s request and is concerned with the Special Use Permit for outside sales. Staff is concerned that the outside sales component is not a compatible use for the area that is transition. In addition, outside sales are permitted in the central area district and by Specific Use Permit in an RR Regional Retail and Commercial Service Districts. The applicant has identified approximately 20 outdoor pavilions on the attached site plan. The applicant had requested during the public hearing process to remove the Specific Use Permit component from their request. Even though the SUP for outside sales was not considered, staff is opposed to any outside sales for the reasons mentioned above. Staff cannot support the applicant’s request for a Specific Use Permit for outside sales but does recommend approval of a Planned Development District for an MU-2 Mixed Use District uses. The applicant’s request for the PD, subject to the staff’s recommended conditions, is consistent with the intent of the Dallas Development Code. The City Plan Commission recommended approval of the Planned Development District for MU-2 Mixed Use District uses, subject to a conceptual plan and conditions and denied a Specific Use Permit for outside sales. 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.

5


Z123-238(WE)

Development Standards: SETBACKS

DISTRICT

Front

IR - Existing Industrial research

PDD No. 498- Existing Industrial research

MU-2 – Staff’s

Side/Rear

15’

30’ adjacent to residential OTHER: No Min.

15’

30’ adjacent to residential OTHER: No Min.

15’

recommendation Mixed use-2

MU-2 – applicant’s

15’

Proposed Mixed use-2

20’ adjacent to residential OTHER: No Min. 20’ adjacent to residential OTHER: No Min.

Density 2.0 FAR overall 0.75 office/ retail 0.5 retail 2.0 FAR overall 0.75 office/ lodging 1.0 retail & personal service 1.6 FAR base 2.0 FAR maximum + bonus for residential 1.6 FAR base 2.0 FAR maximum + bonus for residential

Height

Lot Coverage

Special Standards

200’ 15 stories

80%

Proximity Slope Visual Intrusion

Industrial, wholesale distribution & storage, supporting office & retail

200’ 15 stories

80%

Proximity Slope Visual Intrusion

Industrial, wholesale distribution & storage, supporting office & retail

80%

Proximity Slope U-form setback Tower spacing Visual Intrusion

Office, retail & personal service, lodging, residential

80%

Proximity Slope U-form setback Tower spacing Visual Intrusion

Office, retail & personal service, lodging, residential, outside sales

135’ 10 stories 180’ 14 stories with retail 135’ 10 stories 180’ 14 stories with retail

PRIMARY Uses

Landscaping: Landscaping will be in accordance with Article X, as amended. CPC Action (October 24, 2013) Motion: It was moved to recommend approval of a Planned Development for an MU-2 Mixed Use District, subject to a conceptual plan and conditions and denial of Specific Use Permit for outside sales on property zoned an IR Industrial Research District and Planned Development District No. 498, the Harry Hines Corridor Special Purpose District on the northeast corner of Royal Lane and Grissom Lane. Maker: Hinojosa Second: Ridley Result: Carried: 12 to 0 For:

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

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

Area: For:

0 3 - Culbreath, Bernbaum, Alcantar 0 500 4

Mailed: 56 Against: 7

For: Robert Baldwin, 3904 Elm St., Dallas, TX, 75226 Against: None

6


Z123-238(WE)

LIST OF OFFICERS New World Trade Center 1, Ltd

Brandon Sohn

Tiffany Sohn

7


Z123-238(WE)

CPC PROPOSED PDD CONDITIONS

SEC. 51P-___.101. PD Council on

LEGISLATIVE HISTORY.

was established by Ordinance No.

, passed by the Dallas City

. SEC. 51P-___.102.

PROPERTY LOCATION AND SIZE.

PD is established on property located on the northeast corner of Royal Lane and Grissom Lane. The size of PD is approximately 12.12 acres. SEC. 51P-___.103. (a)

DEFINITIONS AND INTERPRETATIONS.

Unless otherwise stated, the definitions 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 non-residential zoning district.

SEC. 51P-___.104.

EXHIBIT.

The following exhibit is incorporated into this article: Exhibit ___A: conceptual plan. SEC. 51P-

.105.

CONCEPTUAL PLAN.

Development and use of the Property must comply with the conceptual plan (Exhibit ). In the event of a conflict between the provisions of this article and the conceptual plan, the provisions of this article control. SEC. 51P-___.106.

DEVELOPMENT PLAN.

A development plan must be approved by the city plan commission before issuance of any building permit. If there is a conflict between the text of this article and the development plan, the text of this article controls.

8


Z123-238(WE)

SEC. 51P-___.107.

MAIN USES PERMITTED.

(a) The uses permitted in this district are the same as those uses permitted in the MU-2 District, subject to the same conditions applicable in the MU-2 District, as set out in the Dallas Development Code, as amended. For example, a use permitted in the MU-2 District only by specific use permit (SUP) is permitted in this planned development district only by SUP; a use subject to development impact review (DIR) in the MU-2 District is subject to DIR in this planned development district; etc. SEC. 51P-___.108.

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. (a) The following accessory uses are not permitted in this district. -

Private stables

(b) In this district, the following accessory use is permitted by SUP only: -

Accessory helistop

(c) In this district, an SUP may be required for the following accessory uses: -

Accessory medical / infectious waste incinerator. [See Section 51A-

4.21793.1).] SEC. 51P-___.109.

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. In the event of a conflict, between this section and Division 51A-4.400, this section controls. In general. Except as provided below, the yard, lot, and space regulations contained in Section 51A.4.125(e), MU-2 Mixed Use District,â&#x20AC;? apply to this district. (a) (b) retail uses. (c)

Density. The maximum number of dwelling units is 400 units. Floor area ratio. The maximum floor area ratio is 0.25 for office and /or

Stories. The maximum number of stories above grade is 4.

9


Z123-238(WE)

SEC. 51P-___.110.

FENCE.

A minimum 6-foot fence perimeter fence is required. The perimeter fence may be constructed of wrought iron, masonry, wood or any combination. SEC. 51P____.111.

SIDEWALKS.

A minimum unobstructed sidewalk width of eight feet must be provided along all street frontages. SEC. 51P-___.112.

OFF-STREET PARKING AND LOADING.

Consult the use regulations contained in Division 51A-4.200 for the specific off-street parking/loading requirements for each use. SEC. 51P-___.113. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P-___.114.

LANDSCAPING.

(a)

Landscaping must be provided in accordance with Article X.

(b)

All plant materials must be maintained in a healthy, growing condition.

SEC. 51P-___.115. (a) Article VII.

SIGNS.

Signs must comply with the provisions for business zoning districts in

(b) Blade signs projecting over the sidewalk are permitted if an eight foot clearance is provided. SEC. 51P-___.116.

ADDITIONAL PROVISIONS.

(a) The 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. SEC. 51P-___.117

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.

10


Z123-238(WE)

(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.

11


Z123-238(WE)

PROPOSED CONCEPTUAL PLAN

12


Z123-238(WE)

APPLICANTâ&#x20AC;&#x2122;S PROPOSED SUP CONDITIONS 1.

USE: The only use authorized by this specific use permit is for outside sales.

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_____, (three-year period from the passage of this ordinance).

4.

HOURS OF OPERATION: The hours of operation for the outside sales are from Friday through Sunday, 8:00 a.m. to 9:00 p.m.

5.

PAVILION HEIGHT: The maximum height of the pavilions may not exceed 20 feet.

6.

FENCE: The minimum height of a fence is 6 feet high in the location shown on the attached site plan.

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.

Note; The SUP conditions and site plan were a part of the applicantâ&#x20AC;&#x2122;s original request. The City Plan Commission did not discuss the SUP portion of the application during the public hearing process. The applicant decided not to pursue the SUP for outside sales.

13


Z123-238(WE)

PROPOSED SITE PLAN

14


Z123-238(WE)

NORTHAVEN RD TALISMAN DR

JERRIDEEOR 0

0::

1NDIAN TRL

"'zz

WILDFLOWER DR

w

INDIAN TRL

0

SUNDIAL DR_

SATSUMA DR

SILVERTON DR-.

TOWNSEND DR ZELRlCH LN

I

er! 0

DOTHAN LN

Y'.

z

;a 0

~

LATHAM DR

<O

LEAHY DR

ROYALLN

FLOWERDALE lli

JOE FIELD RD

ALLEGHENY CT

\

GLENDALN

VICINITY MAP

1:7,200

15

Sf:YMOUR DR

Z123-238

Case no: -~:....:...:==......=:....:'-'---Date:

9/5/201 3_____ ..::..:::..=..::.._


Z123-238(WE)

AERIAL MAP

1:4,800

16

Z_1 2_3_-2_3_ 8_

Case no: _ _

10/8/2013 Date: _ _ _ __


Z123-238(WE)

Industrial

Industrial

Industrial

Industrial

DART

Post Office Retail & Personal service Restaurant

17


Z123-238(WE)

CPC RESPONSES

18


Z123-238(WE)

Notification List of Property Owners Z123-238 56 Property Owners Notified

Vote

O

O

X

X

7 Property Owners Opposed

Label # Address

4 Property Owners in Favor

Owner

1

2737

ROYAL LN

NEW WORLD TRADE CENTER I

2

2707

ROYAL LN

NEW WORLD JEWELRY INC

3

2736

ROYAL LN

U S POSTAL SERVICE

4

2720

ROYAL LN

ROYAL PARK 30 LTD

5

11330

GEMINI LN

SOLORZANO JOSE LUIS & SUSANA S

6

2802

ROYAL LN

SO SUNG HO

7

11300

DENTON DR

ANBREN II INC

8

11292

LEO LN

DALLAS TOBACCO & IMPORTS

9

11282

LEO LN

CHAUDHRY & ASSOCIATES INC

10

2780

ROYAL LN

SRAN INVESTMENT INC

11

2650

ROYAL LN

FIRST TEXAS BANK

12

2825

ROYAL LN

LARRY OWEN WARNER TRUST

13

11035

INDIAN TRAIL

J R V CO INC

14

11025

INDIAN TRAIL

ANYFILL SELF STORAGE INC

15

11011

INDIAN TRAIL

ANYFILL SELF STORAGE INC

16

11005

INDIAN TRAIL

PUBLIC INDUSTRIAL

17

10931

INDIAN TRAIL

STARCAM LLC

18

10909

INDIAN TRAIL

AWAD HASSAN &

19

10917

INDIAN TRAIL

BIALEK WILLIAM P &

20

2757

ROYAL LN

HAESUN ENTERPRISES INC

21

2771

ROYAL LN

KAA INC

22

10815

INDIAN TRAIL

BELTLINE TEXAS SPIRIT CARWASH LLC

23

11034

INDIAN TRAIL

R RESERVATION III LTD

24

11024

INDIAN TRAIL

LEVY MILTON B & SON

25

10920

INDIAN TRAIL

GLOBUS INDUSTRIAL PS LTD

26

2809

ROYAL LN

JO WON H &

Tuesday, October 29, 2013

19


Z123-238 (WE)

Vote

Label # Address

Owner

27

11010

GRISSOM LN

TEXAS HAT COMPANY INC

28

11036

GRISSOM LN

VAN NEST KEVIN H &

29

10930

GRISSOM LN

ASAM DEVELOPMENT LLC

30

11034

GRISSOM LN

TENNINGTON INV LLC

31

11018

GRISSOM LN

SOHN STEVEN

32

10836

GRISSOM LN

LANE SALLY

33

10944

GRISSOM LN

BCK PROPERTIES JOINT

34

11212

INDIAN TRAIL

F & F INVESTMENTS

35

2741

SATSUMA DR

MANNY NASER INC

36

2731

SATSUMA DR

OCEAN DREAMS LTD

37

2717

SATSUMA DR

P & H INVESTMENTS

38

2707

SATSUMA DR

SATSUMA PROPERTIES LLC

39

11048

GRISSOM LN

TJC PROPERTIES

40

2712

SATSUMA DR

AFSAR PALAVAN ENTERPRISES

41

2750

SATSUMA DR

PERL FAMILY TRUST

42

11103

INDIAN TRAIL

SATSUMA PERL LLC

43

11120

INDIAN TRAIL

LENTZ RICHARD V

44

10909

GRISSOM LN

J ONE ENTERPRISES INC

45

10937

GRISSOM LN

BURNS SERVICE COMPANY INC

46

10955

GRISSOM LN

ROBERTS STAN

47

2626

ZELRICH LN

MCDERMOTT ASSOCIATES INC

48

10929

GRISSOM LN

SIXTY EIGHTH LLC

49

2625

ZELRICH LN

E INVESTMENTS

50

2655

ROYAL LN

KNW LLC

51

11310

GEMINI LN

PEPCO REAL ESTATE LLC

X

52

11325

GEMINI LN

AUTOMOTIVE PROPERTIES LP

O

53

2646

RODNEY LN

MAGNOLIA CHEMICAL CO

54

11000

GRISSOM LN

MCGRAY GROUP II LLC

55

11310

DENTON DR

DALLAS AREA RAPID TRANSIT

56

401

BUCKNER BLVD

DART

X

X X

O

X

Tuesday, October 29, 2013

20

Dallas City Council Agenda: December 11, 2013 Part II  

Dallas City Council Agenda: December 11, 2013 Part II

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