Dallas City Council Agenda: February 27, 2013, Part III

AGENDA ITEM # 67

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

11

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

26 A; E

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for a Nursery, garden shop, or plant sales use, a Landscape contractor’s maintenance yard, and certain residential and nonresidential uses on property zoned an R-16(A) Single Family District on the southwest corner of Northaven Road and Freda Stern Drive Recommendation of Staff : Approval, subject to a development/landscape plan and staff conditions Recommendation of CPC: Approval, subject to a development/landscape plan and conditions Z123-131(RB)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER:

Z123-131(RB)

DATE FILED: November 5, 2012

LOCATION:

Northaven Road and Freda Stern Drive, Southwest Corner

COUNCIL DISTRICT: 11 SIZE OF REQUEST:

APPLICANT/OWNER: REPRESENTATIVE:

MAPSCO:

Approx. 9.5 Acres

26 A, E

CENSUS TRACT: 131.01

Jonathan and Lillian Pinkus Robert Reeves

REQUEST: An application for a Planned Development District for a Nursery, garden shop, or plant sales use, a Landscape contractor’s maintenance yard, and certain residential and nonresidential uses on property zoned an R-16(A) Single Family District.

SUMMARY: The applicant is requesting a Planned Development District in order to providing a conforming status for the existing nursery and landscape contractor’s maintenance yard, as well as providing for certain residential and nonresidential uses and development standards.

CPC RECOMMENDATION: plan and conditions.

Approval, subject to a development plan/landscape

STAFF RECOMMENDATION: Approval, subject to a development plan/landscape plan and staff’s recommended conditions.

1

Z123-131(RB)

BACKGROUND INFORMATION: •

The request site is developed with two distinct uses; 1) a nursery, garden shop, or plant sales use within the northern half of the property; and, 2) a contractor’s maintenance yard (landscape contractor) in the southern half.

•

The applicant is requesting to continue operation of both uses as well as provide for additional certain residential and nonresidential uses and development standards for the property by creating a planned development district.

•

The existing uses were initially considered a legally nonconforming use, however due to past expansions/improvements, both uses lost nonconforming status.

•

The requested PDD will consider the following: 1) permit both existing uses as legally conforming uses; 2) provide for alternate development standards (building setbacks, structure height, lot coverage); 3) provide alternate landscape regulations; and, 4) create alternate sign regulations.

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

Street

Designation; Existing & Proposed ROW

Northaven Road

Local; 60’ ROW

Freda Stern Drive

Local; 56’ ROW

STAFF ANALYSIS: Comprehensive Plan: The request site is located in an area considered a Residential Neighborhood. This Building Block represents the life-blood of Dallas, the traditional neighborhood of single-family detached homes. Dallas has many neighborhoods that match this description, including Winnetka Heights, Preston Hollow, Lakewood and Wheatley Place. Single-family dwellings are the dominate land use in these areas.

Some shops, restaurants or institutional land uses such as schools and religious centers that serve neighborhood residents may be located at the edges or at key intersections.

LAND USE ELEMENT GOAL 1.2 Promote desired development.

2

Z123-131(RB) 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 two uses; an existing nursery, garden shop, or plant sales use (northern half of the property) was initially considered a legally nonconforming use, however due to past expansions/improvements, both uses lost their nonconforming status.

The predominate land use in the immediate area consists of low-density single family residential uses with a couple of exceptions; 1) PDD No. 569 for a Community center abuts Freda Stern Drive to the east, and 2) a variable-width utility right-of-way and a section of trail improvements for the Northaven Trail to the south.

It should be noted that the nursery, garden shop, or plant sales use has been at this location in excess of 60 years. As a result, it is much a part of the fabric that represents this stable residential area. However, the use has expanded over the years, thus losing its nonconforming status. Additionally, the contractor’s maintenance yard, utilized by a landscape contractor, was established within the southern portion of the property without proper zoning, thus is considered an illegal use.

The applicant has had ongoing discussions with area property owners as well as an established homeowner’s association. The director of Sustainable Development and Construction established a team of staff members to make an on-site visit to make recommendations to the property owner as well as address certain issues that would ensure compliance with various building code requirements. With respect to the continued operation of these two uses, staff is recommending certain provisions that will ensure these nonresidential uses are compatible with the built environment. The attached conditions reflect those areas where agreement has not been reached.

As a result of this analysis, staff supports the request, subject to the attached development plan/landscape plan and staff’s recommended conditions.

With respect to the conditions, the following table highlights certain provisions, the applicant’s request, and staff’s recommendation:

3

Z123-131(RB)

PROVISION

REQUESTED (APPLICANT)

RECOMMENDED (STAFF)

BUILDING SITE/PLATTING

1) nursery and landscape contractor’s main. yardrecognize as a building site for existing improvements; platting triggered with revisions/additions 2) waive any requirements for circulation of streets that abut the western property line at time property is platted

comply with provisions for creation of a building site and typical platting regulations

MINOR AMENDMENT

permit revisions to development plan/landscape plan by right

require minor amendment process

USES

private street by right

private street by SUP

SOUTHERN P/L

none

20’ (structures and equipment)

OFF-STREET PARKING

alternate surface materials ‘by right’

Alternate surface permitted, subject to approval of the building official

EQUIPMENT

Certain days/hours

Certain days/hours

SETBACK

MAINTENANCE/REPAIR

, HOURS OF OPERATION

Traffic: The Engineering Section of the Department Sustainable Development and Construction has reviewed the request and determined that it will not negatively impact the surrounding street system.

Off-Street Parking: The applicant will provide off-street parking for any permitted use as required by the Dallas Development Code. Various parking and maneuvering areas within the southern portion of the site (landscape contractor’s maintenance yard) will utilize alternative construction materials, subject to the approval of the building official. materials while the retail component within the northern half will utilize nonpermeable surface materials for all parking and maneuvering.

Trail Improvements: As noted above, Northaven Trail traverses through this area along the site’s southern boundary. This portion of the trail system is improved between Preston Road to the west and Valleydale Drive to the east. The trail will extend westward from Preston Road to its ultimate connection with the Elm Fork Trail at Luna Road and eastward across North Central Expressway to the White Rock Creek Trail.

4

Z123-131(RB) The nursery has long been considered part of this community. With respect to the above referenced investment in improvements in the trail system and consideration that access to the nursery from area residents along the Freda Stern right-of-way, there exists an opportunity to create a seamless relationship between the nursery and adjacent residential areas. One option would be a pedestrian connection in the extreme northeast corner of Freda Stern Drive and Northaven Road.

At this time, the applicant is not providing such a connection.

Landscaping: The site possesses various areas of landscaping, with concentrations of landscape materials along the northern property line and a stand of trees along the western property line.

With respect to the southern portion of the property, staff wants to ensure that a softening of the outside components of the landscape contractor’s maintenance yard are provided with respect to trail users’ experience as well as that of the single family uses on the south side of the trail and the residential uses that abut the site’s western property line.

CPC ACTION (January 24, 2013) Motion: In considering an application for a Planned Development District for a Nursery, garden shop, or plant sales use, a Landscape contractor’s maintenance yard, and certain residential and nonresidential uses on property zoned an R-16(A) Single Family District the southwest corner of Northaven Road and Freda Stern Drive, it was moved to hold this case under advisement until February 7, 2013.

Maker: Schwartz Second: Shellene Result: Carried: 14 to 0 For:

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

Area: For:

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

500 4

Mailed: 188 Against: 7

For: Robert Reeves, 900 Jackson St., Dallas, TX, 75202 5

Z123-131(RB) Against: None (February 7, 2013) Motion: It was moved to recommend approval of a Planned Development District for a Nursery, garden shop, or plant sales use, a Landscape contractor’s maintenance yard, and certain residential and nonresidential uses, subject to applicant’s development/landscape plan and applicant’s revised conditions on property zoned an R16(A) Single Family District on the southwest corner of Northaven Road and Freda Stern Drive.

Maker: Schwartz Second: Tarpley Result: Carried: 13 to 0 For:

Against: Absent: Vacancy: Conflict: Notices: Replies:

Area: For:

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

500 8

Mailed: 188 Against: 7

For: Lillian Pinkus, 7040 Teakwood Dr., Dallas, TX, 75240 Robert Reeves, 900 Jackson St., Dallas, TX, 75202 Lee Kleinman, 11322 E. Ricks, Dallas, TX, 75230 Marcy Helfand, 7191 Kendellwood Dr., Dallas, TX, 75240 For (Did not speak): Jonathan Vinson, 901 Main St., Dallas, TX, 75202 Against: None

Speakers:

6

Z123-131(RB) CPC RECOMMENDED/STAFF RECOMMENDED CONDITIONS ORDINANCE NO. ARTICLE PD SEC. 51P-

.101.

LEGISLATIVE HISTORY.

PD was established by Ordinance No. City Council on .

SEC. 51P-

.102.

, and passed by the Dallas

PROPERTY LOCATION AND SIZE.

PD is established on property generally located at the southwest corner of Northaven Road and Freda Stern Drive. The size of PD is approximately 9.5 acres.

SEC. 51P-

.103.

DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this district, LANDSCAPE CONTRACTOR’S MAINTENANCE YARD means a facility for the storage and maintenance of contractor’s supplies, vehicles, and operational equipment to be used in the installation and maintenance of landscaping. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) When considering adjacency between Tract 1 and Tract 2, the Property is considered a nonresidential district. In all other cases, the Property is considered a residential district.

SEC. 51P-

.104.

EXHIBITS.

The following exhibit is incorporated into this article: Exhibit __A: development plan/landscape plan.

SEC. 51P-___.105.

CREATION OF A BUILDING SITE.

CPC recommended: Except as provided in this section, the Property shall be considered a building site for a maximum of 42,704 square feet of floor area on Tract 1 and a maximum of 7,767 square feet of floor area on Tract 2, located as shown on the development plan/landscape plan.

7

Z123-131(RB) (a) Any new construction or addition to an existing structure on Tract 2 for a landscape contractor’s maintenance yard or associated use will require the Property to be platted. (b) Increases in floor area which exceeds 10,000 square feet will require that the Property be platted.

Staff recommended: Compliance with the creation of a building site contained in Section 51A-4.601 will apply to the Property.

SEC. 51P-

.106.

DEVELOPMENT PLAN/LANDSCAPE PLAN.

CPC recommended: (a) Except as provided in this Article, development and use of the Property for a nursery, garden shop, or plant sales and a landscape contractor’s maintenance yard must comply with the development plan/landscape plan (Exhibit ____ A). Exhibit A reflects the improvements in existence on the Property on the date of passage of this ordinance (hereafter called the “existing improvements”). If there is a conflict between the text of this Article and the development/landscape plan, the text of this Article controls. (b) Development of the Property with a retirement housing use qualifies as a minor amendment and must comply with the provisions of Section 51A-4.702. A copy of the minor amendment application must be mailed to the President or designee of the Hillcrest Forest Homeowners Association no later than five days prior to the initial filing date with the City of Dallas. (c) An amendment to an approved development plan/landscape plan for a nursery, garden shop, or plant sales use is not required for: (1) any expansion, modifications, or alterations of an existing improvement or construction of new improvements located in the area shown as future building area for nursery, garden shop/plant sales, on the approved development plan/landscape plan; (3) relocating or adding utilities, including lighting and electrical service; (4) changes to site preparation and drainage work; (5) changes to landscaping not required by this Article; (6) parking space reconfigurations, additions, and relocation that do not reduce the number of required off-street parking spaces; (e) For all permitted uses, except for a nursery, garden shop, or plant sales, landscape contractor’s maintenance yard, and retirement housing, no development plan or landscape plan is required and the provisions of Section 51A-4.702 regarding 8

Z123-131(RB) submission of or amendments to a development plan, site analysis plan, conceptual plan, development scheduled, and landscape plan do not apply. (f) Expansion or alterations of an existing improvement or construction of new improvements located in the area shown as “future building area for nursery, garden shop/plant sales and landscape contractor’s maintenance yard” on the approved development/landscape plan are allowed.

Staff recommended: Use and development of the Property must comply with the development plan/landscape plan (Exhibit __A). If there is a conflict between the text of this article and the development plan, the text of this article controls.

Staff is recommending compliance with the existing standards for a minor amendment to a development or landscape plan.

SEC. 51P(a)

.107.

MAIN USES PERMITTED.

The following uses are the only main uses permitted: (1) Industrial uses.

-- Temporary concrete or asphalt batching plant. [By special authorization of the building official.]

(2)

Institutional and community service uses.

-- Adult day care facility. [SUP] -- Child-care facility. [SUP] -- Church.

-- Private school. [SUP]

(3)

Miscellaneous uses.

-- Temporary construction or sales office .

(4)

Recreation uses.

-- Public park, playground, or golf course -- Community service center. [SUP]

(5)

Residential uses.

-- Handicapped group dwelling unit. [SUP required is spacing component of Section 51A-4.209(b)(3.1) is not met.]

-- Retirement housing.

-- Single family.

(6)

Retail uses.

9

Z123-131(RB) -- Nursery, garden shop, or plant sales.

-- Restaurant without drive-in or drive-through service. [as a limited use only, except that Internet and print advertising is allowed.]

(7)

Transportation uses.

CPC recommended: -- Private street or alley.

Staff recommended: -- Private street or alley. [SUP]

(8)

Utility and Public Service Uses --Electrical substation. [SUP]

--Local Utilities. [Communications exchange facility prohibited, otherwise, see Section 51A-4.212 (4).]

-- Police or fire station. [SUP] -- Utility or government installation other than listed. [SUP] (9)

Wholesale, Distribution, and Storage Uses -- Landscape contractor’s maintenance yard. (Limited to Tract II

only.)

SEC. 51P-

.108.

ACCESSORY USES.

(a) 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. (b) An office use is permitted in conjunction with a nursery, garden shop, or plant sales use or a landscape contractor’s maintenance yard and may exceed 5 percent of floor area. (c)

The following accessory uses are not permitted on the Property: ---------

Accessory helistop.

Accessory medical/infectious waste incinerator.

Accessory pathological waste incinerator.

Amateur communication tower.

Day home.

General waste incinerator.

Private stable.

Pedestrian sky bridges.

10

Z123-131(RB)

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. If there is a conflict between this section and Division 51A-4.400, this section controls.) (a)

Front yard.

(1)

feet.

Except as provided in this subsection, minimum front yard is five

(2) Minimum front yard along Northaven Road is 55 feet, except that if the main use is single family, minimum front yard along Northaven Road is 35 feet.

(3) For a nursery, garden shop, or plant sales, no minimum front yard.

(4) Fences and walls are prohibited in the front yard along Northaven Road. (c)

Side and rear yard for single-family uses.

(1) Except as provided in this subsection, minimum side and rear yard along the west Property line is ten feet.

(2) A minimum side yard for a platted lot is one foot along one side yard and five feet along the other side yard.

(3) (d) is ten feet.

The minimum rear yard within the Property is ten feet.

Side and rear yard for all other permitted uses.

(1)

Except as provided in this subsection, minimum side and rear yard

(2) For structures less than or equal to 20 feet in height, minimum side and rear yard along the west line of the Property is 25 feet.

(3) For structures greater than 20 feet in height, minimum side and rear yard along the west line of the Property is 90 feet.

(4) For a nursery, garden shop, or plant sales use, no minimum side or rear yard along the western Property line.

(5) For a retirement housing use within 90 feet of the western Property line, a minimum 15 foot separation must be provided between each group of eight dwelling units or suites.

(6) For a landscape contractor’s maintenance yard, a minimum setback of 20 feet must be provided along the southern property line by October 1, 2013.

11

Z123-131(RB)

(e)

Floor area and land area.

(1) area or land area.

(2)

In general. Except as provided in this section, no maximum floor Nursery, garden shop, or plant sales use.

(A) Excluding outside sales and outside storage, maximum floor area combined, is 55,204 square feet.

(3) feet.

Landscape contractor’s maintenance yard.

(A)

Excluding greenhouses, maximum floor area is 5,467 square

(B)

Maximum floor area for greenhouses is 2,300 square feet.

(4) Restaurant without drive-in or drive-through service. floor area is 2,000 square feet. (f) suites.

(g)

Maximum

Density.

(1)

For retirement housing, maximum density is 130 dwelling units or

(2)

For single family uses, no maximum dwelling unit density.

Height.

(1)

Except as provided in this subsection, maximum structure height is: (A) 30 feet for single family uses.

(B)

36 feet for all other permitted uses.

(2) If any portion of a structure is over 26 feet in height, that portion of a structure may not be located above a residential proximity slope. Exception: Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height.

(3) The following structures may project a maximum of eight feet above the maximum structure height for any structure which is setback a minimum of 100 feet from the western boundary of the Property and provided they do not exceed 15% of the roof area: (A) (B) (C) (D) (E)

Elevator penthouse or bulkhead.

Mechanical equipment room.

Cooling tower.

Tank designed to hold liquids.

Ornamental cupola or dome.

12

Z123-131(RB)

equipment.

(4)

(F) (G) (H)

Skylights.

Clearstory.

Visual screens which surround roof mounted mechanical

(I)

Chimney and vent stacks.

Residential proximity slope.

(A) If any part of Tract 1 is developed with a residential use, the residential proximity slope does not apply to Tract 2.

(B) If any part of Tract 2 is developed with a residential use, the residential proximity slope does not apply to Tract 1.

(5) structure height.

Parapet walls may not exceed four feet above the maximum

(h) Lot coverage.

Maximum lot coverage is 80 percent for residential uses and 65 percent for all other permitted uses. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (i)

Lot size.

(1) Minimum lot size for single family uses is 3,250 square feet, with a minimum average lot size of 5,000 square feet.

(2) SEC. 51P-

.110.

For all other uses, no minimum lot size.

OFF STREET PARKING AND LOADING

(a) In general. Except as provided in this section, consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. Consult the off-street parking and loading regulations in Divisions 51A-4.300 et seq. for information regarding off-street parking and loading generally.

(1) For a landscape contractor’s maintenance yard, one space per 2,000 square feet of floor area is required.

(2) For single-family uses, two spaces per single family unit is required.

Minimum required guest parking is 0.25 spaces per single family dwelling unit for platted lots less than 5,000 square feet. (b) The Property is considered one lot for a nursery, garden shop, or plant sales use and a landscape contractor’s maintenance yard except for that portion of the Property developed with a residential use.

13

Z123-131(RB) (c) Subject to approval of the Engineering Section of the Department of Sustainable Development and Construction, guest parking for single family uses may be located in parking islands or other areas within the street right-of-way.

SEC. 51P-

.111.

PAVING.

CPC recommended: (a) Consistent with the provisions of this Section, the surfacing of all aisles, maneuvering areas, parking spaces, and emergency access ways must, at a minimum, consist of an all-weather and drainable material, which is approved by the director of public works and transportation. (b) In addition to the provisions of Section 51A-4.301(d)(4) of the Dallas Development Code, the surface material for parking areas, maneuvering areas, emergency access ways, and driveways for a nursery, garden shop, or plant sales, office, and a landscape contractor’s maintenance yard use, may be constructed of materials, such as grass/manufactured block combinations, other type of ground cover/manufactured block combinations, gravel, asphalt, or crushed stone subject to the construction specifications approved by the building official.

Staff comment: Existing construction and maintenance regulations relating to off-street parking and maneuvering areas provide for alternate surface materials. (c)

Alleys and sidewalks are not required within the Property.

CPC recommended: (d) When the Property is platted, a circular turnaround or other type of turnaround located on the Property is not required at the terminus of Currin Drive, Azalea Drive, and Lavendale Avenue. (e) When the Property is platted, an alley turnaround or extension of the existing alleys intersecting the west boundary of the site is not required on the Property.

Staff comment: Plat regulations should apply to the property.

SEC.51P___. 112.

ACCESS.

Except for single-family uses, vehicular access for any use is prohibited off of Currin Drive, Azalea Drive, and Lavendale Avenue.

SEC. 51P-

.113.

ENVIRONMENTAL PERFORMANCE STANDARDS. 14

Z123-131(RB) See Article VI. SEC. 51P-

.114.

LANDSCAPING.

(a) Except as provided in this section, landscaping must be provided in accordance with Article X. (b) For a nursery, garden shop, or plant sales, use and a landscape contractor’s maintenance yard use, landscaping must be provided in accordance with the development plan/landscape plan. (c) SEC. 51P-

Plant materials must be maintained in a healthy, growing condition. .115.

SCREENING AND DESIGN CONSTRUCTION.

(a) Except for a nursery, garden shop, or plant sales use, a landscape contractor’s maintenance yard, or a single family use on a platted lot containing at least 16,000 square feet of land, an eight foot-tall solid masonry wall is required along the west boundary of the Property. (b)

By December 1, 2013, solid screening constructed to a minimum height of eight feet must be provided along the southern Property line if a landscape contractor’s maintenance yard is operational in Tract 2. (c) For a single family use located within 30 feet of the western Property line or any other permitted use located within 80 feet of the western Property line, any windows located on a western façade must be constructed at a minimum height of six feet above the finished floor, measured to the bottom of the window, or constructed using a non-transparent material, such as glass blocks or frosted glass which allows only light into interior spaces. (d) For all permitted uses, balconies are prohibited on western-facing exterior walls on single family structures located within 30 feet of the west property line of the Property and for all other uses located within 80 feet of the west property line of the Property. (e) Dumpsters are prohibited within 90 feet of the west and north boundary of the Property.

.116. ADDITIONAL PROVISIONS FOR LANDSCAPE CONTRACTORS SEC. 51PMAINTENANCE YARD. (a)

By October 1, 2013, the landscape contractor’s maintenance yard must provide a 100 foot-wide buffer as shown on the development plan/landscape plan.

15

Z123-131(RB) (1) Improvements located within the buffer are limited to the storage and maintenance of plant materials.

(2)

Maximum stacking height is six feet.

(b)

By October 1, 2013, the operation and maintenance of equipment for a landscape contractor’s maintenance yard is limited to the area shown on the development plan/landscape plan.

CPC recommended: (c)

By October 1, 2013, the landscape contractor’s maintenance yard may not operate before 6:00 a.m., Monday through Sunday.

Staff recommended: (c)

By October 1, 2013, the landscape contractor’s maintenance yard may not operate before 8:00 a.m., Monday through Friday, and 9:00 a.m., Saturday. Operation on Sunday is prohibited. (d) The following equipment may only be operated between 9:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 12:00 p.m. on Saturday: backhoe, tractor with front end loader, skid steer loader and rototiller. (e) Maintenance of equipment may only be performed inside the mechanic shop as located on the development plan/landscape plan.

SEC. 51P-

.117.

SIGNS.

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

For a nursery, garden shop, or plant sales use:

(1) Four detached premise signs are permitted, with each sign limited to a maximum effective area of 25 square feet per side; a maximum height of eight feet; and a minimum setback of five feet.

(2) Two attached premise signs are permitted with one sign with a maximum effective area of 50 square feet, and one sign with an effective area of ten square feet.

SEC. 51P-

.118.

ADDITIONAL PROVISIONS.

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

16

Z123-131(RB)

(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-

.119.

COMPLIANCE WITH CONDITIONS.

(a) Except as provided in this ordinance, all paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and complete to the satisfaction of the city. (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.

17

Z123-131(RB)

18

Proposed Development Plan/Landscape Plan

Z123-131(RB)

19

Z123-131(RB)

Single family

Community center

Single family

Northaven Trail w/i TXU ROW

Single family

20

Z123-131(RB)

CPC RESPONSES

21

Z123-131(RB) Page 1 of 7 2/11/2013

Notification List of Property Owners Z123-131 188 Property Owners Notified Owners in Favor Vote

O

O ESTATE

O

Label

7 Property Owners Opposed

Address

8 Property

Owner

1

7700

NORTHAVEN RD

PINKUS LILLIAN ET AL

2

7547

MIDBURY DR

SCHWABER JEFFREY S &

3

7539

MIDBURY DR

JACOBS PATRICK E & ANNIE

4

7531

MIDBURY DR

POLASKY CAROL A

5

7523

MIDBURY DR

WANG YANAN & ALICE CHEN

6

7506

MIDBURY DR

KAMINSKI BRUCE M

7

7514

MIDBURY DR

ROD MAR INC

8

7522

MIDBURY DR

SCHNABEL DAVID A &

9

7530

MIDBURY DR

MUNTZ DAVID STEPHEN &

10

7538

MIDBURY DR

KLEIN GREGORY & BECKY

11

7546

MIDBURY DR

KAGAY JEROME A

12

7623

NORTHAVEN RD

T2 CONSTRUCTION LLC

13

7615

NORTHAVEN RD

BLATT ROWAN WARREN LIFE

14

7607

NORTHAVEN RD

BOGICEVIC MILENA

15

7523

NORTHAVEN RD

GONZALEZ SHARRON R

16

7515

NORTHAVEN RD

MUNZZO HILLMAN

17

7507

NORTHAVEN RD

PETERS MICHAEL D &

18

7606

MIDBURY DR

DEMBSKI KURT VAUGHN

19

7614

MIDBURY DR

SUTHERLAND ELEANOR

20

7622

MIDBURY DR

TOOMAY SETH

21

7706

MIDBURY DR

WHITTENBURG DONALD N

22

7714

MIDBURY DR

BRENNER ROBERT J

23

7722

MIDBURY DR

ZIMMER ELLIOT

24

7739

NORTHAVEN RD

JACOBSON JEANNIE R

25

7731

NORTHAVEN RD

BERGER ISRAEL R SEPARATE

26

7723

NORTHAVEN RD

NAXON ADAM J

Monday, February 11, 2013

22

Z123-131(RB) Vote

Label

Address

Owner

27

7715

NORTHAVEN RD

BERNBAUM BRUCE & CINDY

28

7707

NORTHAVEN RD

WORD GREG

29

7631

NORTHAVEN RD

TOPLTZ CASEY C

30

7723

MIDBURY DR

LAMAN SCOTT M

31

7715

MIDBURY DR

HUFFT CLAYTON T &

32

7707

MIDBURY DR

ROSEN JUSTIN KYLE &

33

7623

MIDBURY DR

HOYT ROBERT E JR

34

7615

MIDBURY DR

SCHWARTZ WILLIAM F &

35

7607

MIDBURY DR

KAGAY KEVIN J

36

7806

MIDBURY DR

LINDSEY MARY

37

7817

NORTHAVEN RD

ALLEN NATIONAL PPTIES

38

7807

NORTHAVEN RD

CHUN BAILEY WAH

39

11102

CENTRAL EXPY

TEXAS UTILITIES ELEC CO

40

10803

FREDA STERN DR

NORTHAVEN CAMPUS

41

7506

NORTHAVEN RD

NEMTZEANU MONICA

42

7514

NORTHAVEN RD

LEVINE NATHAN OSCAR

43

7522

NORTHAVEN RD

GOLMAN DAVID A & MANDY

44

7507

CURRIN DR

BERGEN JOHN M &

45

7515

CURRIN DR

SWISHER CHARLES K &

46

7523

CURRIN DR

LONDON RICHARD H &

47 ELIZABETH M

7606

NORTHAVEN RD

BRAY ROBERT W II &

48

7614

NORTHAVEN RD

ENGLISH PATSY TRUSTEE

49

7607

CURRIN DR

TABAK JENNIFER L

50

7615

CURRIN DR

CORETZ ALAN M &

51

7506

CURRIN DR

ROSELUND M L LIFE EST

X

52

7514

CURRIN DR

BATSON DELAINA WALKER

X

53

7522

CURRIN DR

RUDICK CARL

54

7507

AZALEA LN

LOPEZ MATTHEW

55

7515

AZALEA LN

GAMBLE BRADFORD A &

56

7523

AZALEA LN

FERNANDEZ KENNETH C &

57

7606

CURRIN DR

WEINER PATRICIA ANN

CORINNE O RACHEL P X

O

A O

O

Monday, February 11, 2013

23

Z123-131(RB) Vote

Label

Address

Owner

58

7614

CURRIN DR

SANDS MICHAEL LEE

59

7607

AZALEA LN

ROWDEN BRUCE EDWARD &

60

7615

AZALEA LN

BELL HAROLD

61

7506

AZALEA LN

STALNAKER WALTER D &

62

7514

AZALEA LN

BENYO PETER & MARY C

63

7522

AZALEA LN

SCOTT JAMES ANDREW &

64

7507

LAVENDALE AVE

PARKS SUZANNE E &

65

7515

LAVENDALE AVE

COLE JOSEPH ROBERT &

66

7523

LAVENDALE AVE

ROGERS CHARLES C LF EST &

67

7606

AZALEA LN

HOPPESS GRAHAM & DENISE

68

7614

AZALEA LN

COLLETI DAVID J JR & LAURA

69

7607

LAVENDALE AVE

AARON FRANK

70

7615

LAVENDALE AVE

HARRIS WILLIAM T &

71

10816

ROYAL PARK

WERNER CLAUDIA L

72

10812

ROYAL PARK

RUBENSTEIN STANLEY Z

73

10808

ROYAL PARK

LEVIN MARVIN L

74

7525

ROYAL PL

HUSBANDS HARMON G

75

7529

ROYAL PL

HUNTER VINCENT M &

76

7533

ROYAL PL

OLSCHWANGER DAVID I

77

7537

ROYAL PL

MCDONALD JULIE

78

7541

ROYAL PL

DESRUISSEAUX NOELLE

79

7547

ROYAL PL

AGUILAR JULIUS

X

80

7626

ROYAL LN

BRAMNIK MOISES

O

81

7632

ROYAL LN

HORAN DANIEL

82

7630

ROYAL LN

GEESLIN KELLY

83

7638

ROYAL LN

SALAS RODOLFO E TR

84

7636

ROYAL LN

GARNER BARBARA J

85

7644

ROYAL LN

STEPHEN TERRY A

86

7646

ROYAL LN

GREEN JANICE RUSSELL

87

7652

ROYAL LN

LEAVELL WINONA ROSS

88

7654

ROYAL LN

BISCHOFF BRIAN M &

DIANA DEE

X ELENA

Monday, February 11, 2013

24

Z123-131(RB) Vote X

Label

Address

Owner

89

7705

ROYAL LN

HERRERA WILLIAM L

90

7707

ROYAL LN

GOODNIGHT SUE

91

7621

ROYAL LN

MOON ADAM J & MARCI

92

7625

ROYAL LN

SNIDER JOHNNY T

93

7627

ROYAL LN

LONG REBECCA BAILEY &

94

7631

ROYAL LN

MOHLE TIMOTHY K

95

7635

ROYAL LN

ANTEBI ANDREA L

96

7637

ROYAL LN

COTTEN LARRY

97

7639

ROYAL LN

COTTEN LARRY W

98

7645

ROYAL LN

DEMAREE JOHN & MISTY

99

7647

ROYAL LN

GNADE ANDREW G

100

7711

ROYAL LN

ROGERS ELISE C

101

7713

ROYAL LN

ZOURNAS HELEN

102

7715

ROYAL LN

WARNE DILLON

103

7717

ROYAL LN

LINCOLN TRUST COMPANY

104 ANTOINETTE

7719

ROYAL LN

KENNEDY DALE &

105

7721

ROYAL LN

WIENECKE LILLIAN I

106

7723

ROYAL LN

MARTIN KATHERINE G

107

7725

ROYAL LN

PATAJ FRANCOISE M

108

7727

ROYAL LN

RANSOM CURTIS R

109

7729

ROYAL LN

ADDINGTON MOSHELLE

110

7731

ROYAL LN

ERBACK LINDA ELAINE

111

7733

ROYAL LN

JOHNSTON ELIZABETH A

112

7735

ROYAL LN

BARNETT BRIAN

113

7737

ROYAL LN

ANDEWEG PATRICIA

114

7739

ROYAL LN

JOHNSON JOHNNY

115

7741

ROYAL LN

WILKINSON JANICE G

116

7743

ROYAL LN

ANDERSON FLOYD &

117

7745

ROYAL LN

LEWIS KAREN L

118

7747

ROYAL LN

THOMPSON KEITH F ETUX

119

7749

ROYAL LN

PUIG CESAR

X

Monday, February 11, 2013

25

Z123-131(RB) Vote

Label

Address

Owner

120

7751

ROYAL LN

DEQUESADA ANDREW M

121

7753

ROYAL LN

KATZ STANLEY & BARBARA

122

7757

ROYAL LN

KATZ STANLEY G &

123

7759

ROYAL LN

SOSBEE GLENN A

124

7761

ROYAL LN

FLANAGAN BILLY

125

7763

ROYAL LN

SILVESTRI PAMELA S

126

7765

ROYAL LN

FLANAGAN BILLY

127

7767

ROYAL LN

JOHNSON BILL &

128

7769

ROYAL LN

PARDUE BRITTNEY D

129

7771

ROYAL LN

DICKENS INGEBORG E

130

7773

ROYAL LN

MAEZ DAVID F II

131

7775

ROYAL LN

HYMAN REGINA C

132

7777

ROYAL LN

FOSTER LIVING TRUST

133

7779

ROYAL LN

FERRELL DONNIE G

134

7781

ROYAL LN

POWERS NICOLE

135

7783

ROYAL LN

FARROW CAROL L

136

7785

ROYAL LN

ZEIGLER MARK D

137

7787

ROYAL LN

HARGREAVES BONITA

138

7789

ROYAL LN

HERNANDEZ ISMAEL &

139

7791

ROYAL LN

CLARKE MARY F

140

7793

ROYAL LN

SNOW DIANE M.

141

7795

ROYAL LN

PIERRE ASHLEY

142

7797

ROYAL LN

MOSELEMI MOSTAFA

143

7799

ROYAL LN

DUNN NATHAN SCOTT

144

7801

ROYAL LN

GLUZMAN SEBASTIAN M

145

7803

ROYAL LN

KAGAN SUSAN

146

7805

ROYAL LN

COOPER JENNIFER

147

7807

ROYAL LN

DAVIS S JEFF

148

7809

ROYAL LN

BELL THOMAS W

149

7811

ROYAL LN

TIRADOR CARL N

150

7813

ROYAL LN

RANKIN THOMAS S

Monday, February 11, 2013

26

Z123-131(RB) Vote

Label

Address

Owner

151

7815

ROYAL LN

ZWILLENBERG JOAN S EST OF

152

7817

ROYAL LN

ODZAKOVIC IBRISHA

153

7819

ROYAL LN

HARRIS SHELIA

154

7821

ROYAL LN

RAMOS EDITH &

155

7823

ROYAL LN

MCCOY CHARLA DEAN

156

7825

ROYAL LN

ADAMS JOSEPH B

157

7827

ROYAL LN

FABER CHASE

158

7829

ROYAL LN

COOK W CLARKE

159

7704

ROYAL LN

KRANTZ ROBERT P &

160

7704

ROYAL LN

EASLEY PATRICIA

161

7706

ROYAL LN

DEMPSEY CLARE D

162

7704

ROYAL LN

WALKER CONSTANCE

163

7708

ROYAL LN

7708 ROYAL LP

164

7708

ROYAL LN

PRESBY ELLEN A

165

7710

ROYAL LN

KOURY KERRI K

166

7710

ROYAL LN

PAMPHILE MARTHA

167

7712

ROYAL LN

HALDEMAN MARK J

168

7712

ROYAL LN

HOPPER MICHAEL E

169

7714

ROYAL LN

BURNS HEATHER M

170

7714

ROYAL LN

REEVES MILDRED JEAN

171

7708

ROYAL LN

PEREZ MICHAEL ANTHONY

172

7708

ROYAL LN

YAM PROPERTIES LP

173

7712

ROYAL LN

GUZMAN ROMAN

174

7712

ROYAL LN

ARGUETA ALEXANDRA

175

7714

ROYAL LN

IVANISEVIC PATRICIA &

176

7714

ROYAL LN

SUTTON STEPHANIE M

177

7716

ROYAL LN

JOHNSON JOHN B

178

7716

ROYAL LN

RUDOFF SANFORD I &

179

7718

ROYAL LN

LEVIN SHIRLEY

180

7718

ROYAL LN

BERKHIMER JUNE ANN

181

7716

ROYAL LN

BERKHIMER CHARLES

MARIA

WILLIAM

Monday, February 11, 2013

27

Z123-131(RB) Vote

Label

Address

Owner

182

7716

ROYAL LN

BROWN TOMMY

183

7718

ROYAL LN

HANSFORD DUSTIN

184

7718

ROYAL LN

BOENING STEVEN R

185

7720

ROYAL LN

GREGG WILLIAM &

186

7720

ROYAL LN

BUSBY MINNIE E

187

7720

ROYAL LN

VENCEVICH NANCY J

188

7720

ROYAL LN

FOUSE TOMMY WAYNE

ELIZABETH

Monday, February 11, 2013

28

AGENDA ITEM # 68

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

22 N; P

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an industrial (outside) not potentially incompatible use limited to a concrete batch plant on property zoned an IR Industrial Research District on the northeast corner of Luna Road and Ryan Road Recommendation of Staff: Denial Recommendation of CPC: Approval for a five-year period, subject to a site plan and conditions Z112-262(JH)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER:

Z112-262 (JH)

DATE FILED: June 14, 2012

LOCATION:

Northeast corner of Luna Road and Ryan Road

COUNCIL DISTRICT: 6

MAPSCO:

22-N, P

SIZE OF REQUEST:

Approx. 3.94 acres

CENSUS TRACT: 99.00

REPRESENTATIVE:

Isaac Molina

APPLICANT/OWNER:

Charlie Parnian

REQUEST:

An application for Specific Use Permit for an industrial (outside) not potentially incompatible use limited to a concrete batch plant on property zoned an IR Industrial Research District.

SUMMARY:

The applicant proposes to construct and operate a concrete batch plant.

STAFF RECOMMENDATION:

Denial

CPC RECOMMENDATION:

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

DESIGNATED ZONING CASE

1

Z112-262(JH) BACKGROUND INFORMATION: •

The request site is currently developed with a commercial motor vehicle parking use with an accessory office building. However, the property appears mostly unpaved.

•

The proposed use is concrete batch plant, which is an industrial (outside) use and requires a Specific Use Permit.

•

The property is mostly located within the floodplain. A floodplain permit and filling of the property will be required concurrently with or prior to consideration by City Council of this Specific Use Permit request.

Zoning History: 1. Z112-268

A pending application for a September City Plan Commission hearing for an IM Industrial Manufacturing District with deed restrictions volunteered by the applicant on property zoned an IR Industrial Research District.

Thoroughfares/Streets: Thoroughfares/Street

Type

Existing ROW

Luna Road

Principle Arterial

60 ft.

Ryan Road

Local

50 ft.

STAFF ANALYSIS: Comprehensive Plan: The vision illustration of the comprehensive plan identifies the area around the request site as an industrial building block. However, new industrial development the Elm Fork area ought to be sensitive to the surrounding public parks. Outside industrial uses that contribute to air quality issues ought to be critically examined for compatibility with public parks nearby.

ENVIRONMENT ELEMENT GOAL 6.4

IDENTIFY, PROTECT AND RESTORE OPEN SPACE

Policy 6.4.1

Identify and prioritize ecologically sensitive areas.

Policy 6.4.2

Protect open space.

2

Z112-262(JH) Trinity River Corridor Comprehensive Land Use Plan (Adopted March 9, 2005): The property is located in The Trinity River Corridor Comprehensive Land Use Plan.

The Elm Fork District contains a mix of light industrial, heavy industrial, office, and commercial corridor uses adjacent to collection of parks, river bottom wetlands, and trails along the Elm Fork of the Trinity River. The preferred Land Use Plan for the Elm Fork District affirms its role as a location for industrial activities and businesses in Dallas. The plan calls for office development west of I-35 and adjacent to the Trinity River.

The Elm Fork District is also adjacent to a series of parks, river-bottom woodlands, and trails along the Elm Fork of the Trinity River. Besides the trails, this acreage boasts a City-owned golf course and tennis courts and a gun range.

It is worth mentioning the importance of environmental restoration and clean-up of the river and parks in this area.

Park Master Plan Elm Fork Athletic Complex: The development of a premiere soccer facility on the former landfill site will not only provide the City of Dallas with much needed facilities to serve the soccer playing community, it also provides a unique opportunity to implement various environmental initiatives: • • •

Increases urban park area and trail networks Emphasizes sustainable design and storm water quality Establishes prime location for reuse water application

The environmental conditions resulting from current and past activities on and around the athletic complex properties need to be addressed as part of the properties’ redevelopment from unused former landfill to a state-of-the-art soccer facility. Landfill activities and industrial operation on-site and in the area present potential environmental issues to address for the complex design and development.

The Elm Fork Athletic Complex will define the athletic field area with new tree masses, to restore native vegetation as much as possible and to connect site facilities with pedestrian circulation paths by using sustainable design principles.

The 160 acres, at I-35 and Walnut Hill Lane, will soon transform a closed landfill into an exciting, outdoor recreational area including soccer, hiking, birding, picnic areas and a children’s playground. While these activities are scattered across the entire complex, there is a focal point, the championship soccer field, where all activities connect and people can gather together.

The project is split into two phases: First phase is in progress and will be open to the public in the fall of 2013. This phase includes the construction of 19 soccer fields, along with parking areas and landscaping.

Land Use Compatibility: 3

Z112-262(JH)

The approximately 3.94-acre request site is zoned an IR Industrial Research District and is currently developed with a partially paved commercial motor vehicle parking use.

The applicant is proposing to construct a concrete batch plant on the property, which requires a specific use permit as an industrial (outside) use.

The surrounding land uses are undeveloped to the north and south, a city park to the west, and industrial uses to the northeast, east, and southeast. The Elm Fork Athletic Complex is currently under construction to the east of the request site by approximately 1,500 feet. The complex is scheduled to open in the fall of 2013. The Athletic Complex features only outdoor activities such as soccer fields, nature trails, and bird overlook areas.

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 request does appear to have an adverse impact on the surrounding zoning and land uses.

Staff has reviewed the applicant’s proposal and recommends denial of this request.

Both the Parks and Recreation Department and the Office of Environmental Quality (OEQ) recommend denial of the request based on the proximity to the new soccer complex, but also the golf course and gun range to the west. Staff is concerned that dust generated from the operation and heavy truck traffic related to the operations will have a negative impact on the surrounding park facilities.

Development Standards: DISTRICT

Existing IR

Industrial research

SETBACKS Front

Side/Rear

Density FAR

Height

Lot Coverage

Special Standards

15’

30’ adjacent to residential OTHER: No Min.

2.0 FAR overall 0.75 office/ retail 0.5 retail

200’ 15 stories

80%

Proximity Slope Visual Intrusion

Primary Uses

Industrial, wholesale distribution & storage, supporting office & retail

Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that it will not significantly impact the surrounding street system for the proposed development.

Landscaping: Landscaping is required in accordance with Article X of the Dallas Development Code.

4

Z112-262(JH) CPC Minutes August 16, 2012 Motion: In considering an application for a Specific Use Permit for an industrial (outside) not potentially incompatible use limited to a concrete batch plant on property zoned an IR Industrial Research District on the northeast corner of Luna Road and Ryan Road, it was moved to hold this case under advisement until September 6, 2012.

Maker: Hinojosa Second: Bernbaum Result: Carried: 15 to 0 For:

Against: Absent: Vacancy: Notices: Replies:

Area: For:

15 - Davis, Wally, Anglin, Abtahi, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar 0 0 0

300 0

Mailed: 8 Against: 1

Speakers: For: Isaac Molina, 2436 Dorrington Dr., Dallas, TX, 75228 Against: None

September 6, 2012 Motion: It was moved to recommend approval of a Specific Use Permit for an industrial (outside) not potentially incompatible use limited to a concrete batch plant for a five-year period, subject to a revised site plan and revised conditions to include 1) Paved surfaces must be watered and vacuum-swept as necessary to achieve maximum control of dust emissions from the vehicle traffic; 2) The area currently shown as “No truck parking” on the site plan be revised to allow paving and parking; and 3) Allow hours of operation to reflect applicant’s recommendation Monday thru Friday Midnight to 6:00 p.m. on property zoned an IR Industrial Research District on the northeast corner of Luna Road and Ryan Road.

5

Z112-262(JH) Maker: Hinojosa Second: Ridley Result: Carried: 12 to 2 For:

Against: Absent: Vacancy:

12 - Davis, Wally, Anglin, Abtahi, Hinojosa, Lavallaisaa, Tarpley, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar 2 - Bagley, Shellene 1 - Rodgers 0

Substitute Motion: It was moved to recommend approval of a Specific Use Permit for an industrial (outside) not potentially incompatible use limited to a concrete batch plant for a three-year period, subject to a revised site plan and revised conditions on property zoned an IR Industrial Research District on the northeast corner of Luna Road and Ryan Road.

Maker: Abtahi Second: Shellene Result: Failed: 3 to 11 For: Against: Absent: Vacancy: Notices: Replies:

Area: For:

3-

Abtahi, Bagley, Shellene

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

300 0

Mailed: 8 Against: 1

For: Isaac Molina, 2436 Dorrington Dr., Dallas, TX, 75228 Sam Shmaisani, 5608 Normandy Dr., Colleyville, TX, 76034 Against: None Staff: Freddie Ortiz, City of Dallas, Environmental Quality

Speakers:

6

Z112-262(JH) SUP CONDITIONS Z112-262 1.

USE: The only use authorized by this specific use permit is an industrial (outside) not potentially incompatible use limited to a concrete batch plant.

2.

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

Staff recommended (if approved, staff does not recommend a time period longer than two years) 3.

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

CPC Recommended 3.

TIME LIMIT: This specific use permit expires on _________ (three years from the passage of this ordinance).

4.

DUST CONTROL: A. The following conditions must be met on an ongoing basis: i.

Trucks must be loaded through a discharge equipped with a water ring or equivalent dust control system that eliminates visible dust emissions.

ii.

All permanent roads or vehicular maneuvering area inside the plant must be paved, watered, and swept to eliminate visible dust emissions.

iii.

The area between the sand/aggregate stockpiles and conveyor charge hopper used for vehicle traffic must be paved, watered, and swept as necessary to achieve maximum control of dust emissions.

Other areas used for vehicle traffic must be watered as necessary to eliminate visible dust emissions.

iv.

During operations, all stockpiles must be sprinkled with water or chemicals as necessary to eliminate visible dust emissions.

v.

The cement storage silos and cement weigh hopper must be vented to a fabric filter to eliminate visible dust emissions.

vi.

During operations, the conveyor charge hopper must have a water spray sufficient to eliminate visible dust emissions or the conveyor charge hopper must be completely enclosed to contain dust.

7

Z112-262(JH) vii.

To avoid overloading, a mechanism must be installed on each cement storage silo to warn operators that the silo is full.

viii.

Spillage of cement must be cleaned up and contained or dampened within 30 minutes so that emissions from wind erosion and/or vehicle traffic are minimized.

B. Prior to the issuance of a certificate of occupancy, a written ground and dust control plan that reflects existing and proposed infrastructure needed to comply with conditions 4(A)(i) through 4(A)(viii) must be delivered to the director of environmental and health services and the director of development services.

5.

FLOOR AREA: The maximum floor area is 3,316 square feet in the location shown on the attached site plan.

Staff recommended, if approved 6.

HOURS OF OPERATION: Hours of operation are limited to Monday through Friday from 12:00 a.m. to 4:00 p.m.

CPC Recommended 6.

HOURS OF OPERATION: Hours of operation are limited to Monday through Friday from 12:00 a.m. to 6:00 p.m.

7.

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

8.

LANDSCAPING: Landscaping must be installed in accordance with Article X.

9.

PARKING: A minimum of 14 off-street parking spaces must be provided in the location as shown on the attached site plan. All off-street parking spaces, vehicular maneuvering area, and driveways must be paved.

10.

SCREENING: Solid screening must be provided in the height and locations shown on the site plan.

11.

STOCKPILE HEIGHT: Maximum stockpile height for materials in the sand/gravel stockpile is ten feet.

12.

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

13.

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

8

Z112-262(JH) CPC RECOMMENDED SITE PLAN

9

Z112-262(JH)

10

Z112-262(JH)

Undeveloped Industrial

Park / Undeveloped

Industrial

Industrial Undeveloped

11

Z112-262(JH)

1

12

Z112-262(JH) CPC Responses

13

Z112-262(JH) 9/10/2012

Reply List of Property Owners Z112-262 8 Property Owners Notified Owners Opposed

0 Property Owners in Favor

Reply Label # Address

X

1 Property

Owner

1

10848

LUNA RD

ONEAL METALS LP

2

10848

LUNA RD

ONEAL STEEL BLDGS CO

3

10808

LUNA RD

PARNIAN CHARLIE

4

1860

RYAN RD

JCR TEAM LLC

5

1840

RYAN RD

RUCKER HUGH W &

6

10750

LUNA RD

RUCKER HUGH W ET AL

7

10850

LUNA RD

LUNA VANOD B TRUST PART M

8

1839

RYAN RD

NILCO ENTERPRISES INC

14

AGENDA ITEM # 69

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

22 P; T

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an IM Industrial Manufacturing District and a resolution accepting deed restrictions volunteered by the applicant on property zoned an IR Industrial/Research District on the south line of Ryan Road, east of Luna Road Recommendation of Staff: Denial Recommendation of CPC: Approval, subject to deed restriction volunteered by the applicant Z112-268(RB) Note: This item was considered by the City Council at public hearings on January 9, 2013; January 23, 2013; and February 13, 2013, and was taken under advisement until February 27, 2013, with the public hearing open.

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 Planner: Richard E. Brown

FILE NUMBER:

Z112-268(RB)

DATE FILED: June 18, 2012

LOCATION:

South Line of Ryan Road, East of Luna Road

COUNCIL DISTRICT: 6

MAPSCO:

SIZE OF REQUEST:

Approx. 13.908 Acres

APPLICANT:

SNOBLA Holdings, LLC

REPRESENTATIVE:

Dallas Cothrum

OWNERS:

22 P, T

CENSUS TRACT: 99

JCR TEAM LLC, Hugh W. and Gale A. Rucker

REQUEST: An application for an IM Industrial Manufacturing District, with deed restrictions volunteered by the applicant, on property zoned an IR Industrial/Research District.

SUMMARY: The applicant proposes to utilize the property for a composting operation.

In conjunction with the rezoning for an IM District, volunteered deed restrictions will prohibit certain uses as well as providing for specific operational controls.

CPC RECOMMENDATION: the applicant.

Approval, subject to deed restrictions volunteered by

STAFF RECOMMENDATION:

Denial.

DESIGNATED ZONING CASE

1

Z112-268(RB) BACKGROUND INFORMATION: •

The request site is partially utilized (northern frontage) for outside truck storage; the balance of the property remains in its natural state.

•

The applicant proposes to utilize the property for an organic compost recycling facility.

•

The existing IR District permits the use by specific use permit.

•

In conjunction with the request, deed restrictions have been volunteered that prohibit certain uses as well as provide for attention to certain requirements related to uses encompassing an outside component to its operation.

Zoning History: File No.

Request, Disposition, and Date

1. Z112-156

An IM District, subject to volunteered deed restrictions and an SUP for Metal salvage. On June 27, 2012, the City Council approved the requested IM District, subject to volunteered deed restrictions, and approved an SUP for a three-year period, with eligibility for automatic renewal for additional threeyear period, subject to a site plan and conditions.

2. Z112-262

An SUP for a Concrete batch plant on property zoned an IR District. On September 6, 2012, the CPC recommended approval of the request for a five-year period, subject to a site plan and conditions. Pending a yet-to-be determined City Council public hearing.

Street

Designation; Existing & Proposed ROW

Ryan Road

Local; 50’ ROW

STAFF ANALYSIS: Comprehensive Plan: The request site is located in an area considered an Industrial Area. Industrial Areas, which offer important employment opportunities, occupy large areas of land and usually are near major roads and heavy rail lines. Evolving technology and the need for freight movement through Dallas to the rest of the country and internationally means this sector can offer good opportunities for jobs. Logistics and 2

Z112-268(RB) warehousing, a growing industry with strong potential for upward mobility of skilled workers, would thrive in such areas. Examples include Southport and the Agile Port, parts of West Dallas along I-30, and the Stemmons industrial area. These areas include a mix of low- and medium-density industrial buildings and industrial yards and have large surface parking for cars and trucks. Industrial Areas rely on quality road access and may be linked to rail for freight purposes. Street lanes are wide and intersections are large. Transit, sidewalks and other pedestrian improvements are limited.

LAND USE ELEMENT GOAL 1.2 Promote desired development.

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

Trinity River Corridor Comprehensive Land Use Plan: The property is located within the Elm Fork District of The Trinity River Corridor Comprehensive Land Use Plan, adopted by the City Council in March, 2005. The Elm Fork District contains a mix of light industrial, heavy industrial, office, and commercial corridor uses adjacent to collection of parks, river bottom wetlands, and trails along the Elm Fork of the Trinity River. The preferred Land Use Plan for the Elm Fork District affirms its role as a location for industrial activities and businesses in Dallas. The plan calls for office development west of I-35 and adjacent to the Trinity River.

Land Use Compatibility: The request site’s frontage on Ryan Road is utilized for truck parking with the balance of the property remaining in its natural state. The applicant proposes to utilize the property for an organic compost recycling facility, which is not permitted by the existing zoning, thus the request for an IM District. With respect to the underlying zoning change request, the applicant has worked with staff to address prohibiting certain uses as well as requiring certain provisions for any use utilizing an outside component. All but the site’s perimeter areas have been reclaimed from the flood plain (see Environmental, below).

The predominate land use in the immediate area consists of industrial/commercial uses to the north/northeast. As noted above in the zoning history section, it is anticipated the abutting property to the south (fronting on the westbound access road of Northwest Highway) will be improved to permit a metal salvage facility by a recently approved SUP for the use. The balance of the properties in the immediate area are undeveloped, with those easternmost parcels served by the railroad right-of-way that traverses north and south through the immediate area, similar in application as the industrial use northeast of the site.

Two SUP’s (1446 and 1483) permit an alcoholic beverage establishment and an industrial (outside) use limited to a cement treated materials plant, respectively, and southeast of the site, east of the above referenced railroad right-of-way.

3

Z112-268(RB) Additionally, the Elm Fork Athletic Complex is currently under construction on approximately 160 acres, approximately 1,300 feet east of the request site. This public complex, scheduled to open in late 2012, will possess various regional serving amenities inclusive of soccer fields, nature trails, and bird observation areas. The project provides for an opportunity to responsibly redevelop property previously utilized as a land fill.

It should be noted the general area is zoned for IR District Uses. Generally speaking, while the IM District tends to be more industrial in its use application as well as permitting significant outside areas utilized for these uses, the IR District tends to be a bit more passive in its permitted uses with certain uses that lend themselves towards an ‘industrial’ nature being permitted by specific use permit (as is the situation with the proposed use associated with this application). It is staff’s opinion that the SUP requirement for this use, along with what would be staff’s recommended conditions and required site plan, will enhance opportunities for the compatibility of the operation on properties in the immediate area. As a potential benefit to the applicant, staff will consider the automatic renewal provision for the time period. Subject to the normal process for evaluation of automatic renewal, opportunities of obtaining longevity of the use at this location are greatly enhanced when it is determined the use continues to: 1) complement or be compatible with the surrounding uses and community facilities; 2) contributes to, enhance, or promote the welfare of the area of request and adjacent properties; 3) not be detrimental to the public health, safety, or general welfare; and 4) conform in all other respects to all applicable zoning regulations and standards.

While the applicant has operated in a responsible manner at their current location (per staff input from the Office of Environmental Quality), planning staff is not comfortable supporting permanency for the proposed use, due to adjacency issues noted in this section. As part of the applicant’s desire of permanency for the requested use, the attached volunteered deed restrictions provide for prohibiting certain uses as well as requiring certain attention to operational issues.

As a result of this analysis, staff cannot support the request as submitted. As noted above, staff has determined that the request can be accommodated by the existing zoning (SUP requirement), and offered the applicant a generous time period with the automatic renewal provision. This would allow for specific regulations to ensure compatibility with existing zoning rights and the scattered development in the immediate area as well as remaining sensitive to the city’s commitment to the Elm Fork Athletic Complex. At this time, the applicant has not chosen to pursue discussions with staff.

Traffic: The Engineering Section of the Department Sustainable Development and Construction has reviewed the request and determined that it will not negatively impact the surrounding street system.

4

Z112-268(RB)

Landscaping: The site possesses many groupings of native trees located across the property. A tree survey will be required, with Article X landscape and tree mitigation required prior to issuance of a certificate of occupancy for a permitted use.

Environmental: As noted above, the majority of the site sits above the designated flood plain. While no fill permit is on record, City staff will require a letter of map revision prior to issuance of a building permit, recognizing existing elevations. Additionally, City Council approval of a fill permit will be required for those portions of the site currently located in the flood plain that are anticipated to be utilized.

CPC ACTION (September 6, 2012) Motion: It was moved to recommend approval of an IM Industrial Manufacturing District, subject to revised deed restrictions volunteered by the applicant on property zoned an IR Industrial/Research District on the south line of Ryan Road, east of Luna Road with revised deed restrictions volunteered by the applicant to return on the September 20, 2012, Miscellaneous Docket.

Maker: Hinojosa Second: Abtahi Result: Carried: 14 to 0 For:

Against: Absent: Vacancy: Notices: Replies:

Area: For:

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

400 4

Mailed: 17 Against: 0

Speakers: For: Dallas Cothrum, 900 Jackson St., Dallas, TX, 75202 For (Did not speak): Hugh Rucker, 3200 Dartmouth Ave., Dallas, TX, 75205 Baron Ablon, 5511 Royal Ln., Dallas, TX, 75229 Against: None (September 20, 2012) Motion: It was moved to approve deed restrictions submitted in conjunction with an application for an IM Industrial Manufacturing District with deed restrictions volunteered by the applicant on property zoned an IR Industrial/Research District on the south line of Ryan Road, east of Luna Road 5

Z112-268(RB) Maker: Hinojosa Second: Bernbaum Result: Carried: 14 to 0 For:

Against: Absent: Vacancy: Speakers:

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

For (Did not speak): Dallas Cothrum, 900 Jackson St., Dallas, TX, 75202 Against: None

6

Z112-268(RB)

7

Z112-268(RB) DEED RESTRICTIONS THE STATE OF TEXAS ) ) COUNTY OF DALLAS )

KNOW ALL PERSONS BY THESE PRESENTS:

I. The undersigned, , a ("the Owner"), is the owner of the following described property ("the Property"), being in particular a tract of land out of the ____________ Survey, Abstract No. , City Block , City of Dallas ("City"), County, Texas, and being that same tract of land conveyed to the Owner by , by deed dated , and recorded in Volume , Page , in the Deed Records of County, Texas, and being more particularly described as follows: [Insert property description] II. The Owner does hereby impress all of the Property with the following deed restrictions ("restrictions"), to wit: 1. The following main uses are prohibited: (A) Industrial uses.

------

Industrial (outside) not potentially incompatible.

Industrial (outside) potentially incompatible.

Medical/ infectious waste incinerator.

Municipal waste incinerator.

Pathological waste incinerator.

(B) Miscellaneous uses.

-- Hazardous waste management facility.

(C) Utility and public service uses.

-- Electrical generating plant.

-- Sewage treatment plant.

8

Z112-268(RB) (D) Wholesale, distribution, and storage uses.

-- Outside storage without screening.

-- Petroleum product storage and wholesale.

-- Sand, gravel, or earth sales and storage.

2. Except for ingress and egress, the northern line of the Property must be screened from Ryan Road by a solid fence of at least eight feet in height and constructed of solid masonry, solid concrete, solid vegetation, corrugated sheet metal, or chain link fence with strips of metal through all links or translucent netting materials commonly used on gamecourts or other comparable screening systems approved by the building official.

3. Maximum height of any stockpiled materials within 100 feet of Ryan Road is 20 feet.

Maximum height of stockpiled materials on the remainder of the Property is 35 feet.

4. Except for private drives, use of the Property may not encroach into any designated floodplain areas. Prior to issuance of building permit, flood plain monuments must be provided and maintained on the Property to delineate all floodplain area.

III. These restrictions shall continue in full force and effect for a period of 20 years from the date of execution, and shall automatically be extended for additional periods of 10 years unless amended or terminated in the manner specified in this document.

9

Z112-268(RB)

10

Z112-268(RB)

Industrial (inside)

Industrial (inside)

Undev

Bar, lounge, or tavern

Industrial

Metal salvage facility (Under const.)

11

Industrial (inside), Warehouse/Distributio

Z112-268(RB)

2

1

12

Z112-268(RB)

CPC RESPONSES

13

Z112-268(RB) 9/10/2012

Reply List of Property Owners Z112-268 17 Property Owners Notified Owners Opposed

4 Property Owners in Favor

Reply Label # Address

0 Property

Owner

O

1

1860

RYAN RD

JCR TEAM LLC

O

2

1840

RYAN RD

RUCKER HUGH W &

O

3

10710

LUNA RD

RUCKER HUGH W

4

1811

NORTHWEST HWY

ACCESS 1ST CAPITAL BANK

5

10737

SPANGLER RD

GT MANAGEMENT INC

6

10739

SPANGLER RD

DUDLEY FAMILY PARTNERS

7

1755

NORTHWEST HWY

CENO LTD

8

1880

RYAN RD

ARCADIAN PROPERTIES &

9

10750

LUNA RD

RUCKER HUGH W ET AL

10

1891

RYAN RD

DALLAS TUBE PS

11

1865

RYAN RD

ONEAL METALS LP

12

10848

LUNA RD

ONEAL METALS LP

13

10848

LUNA RD

ONEAL STEEL BLDGS CO

14

1885

RYAN RD

ONEAL METALS LP

15

1839

RYAN RD

NILCO ENTERPRISES INC

16

10808

LUNA RD

PARNIAN CHARLIE

17

2300

GRAND AVE

BNSF RAILWAY

O

14

AGENDA ITEM # 70

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Sustainable Development and Construction

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

45 G

SUBJECT A public hearing to receive comments regarding an application for an amendment to the Arts District Extension Area Special Provision Sign District to allow for new sign types and the creation of the Arts Plazas One, Two & Three, and the Dallas Black Dance Theater areas in an area generally bounded by Woodall Rodgers Freeway, North Central Expressway, Routh Street, and Ross Avenue and an ordinance granting an amendment Recommendation of Staff and CPC: Approval, subject to amended conditions SPSD112-002

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 27, 2013 ACM: Ryan S. Evans

FILE NUMBER: SPSD112-002 LOCATION:

DATE FILED: September 7, 2012

Area generally bounded by Woodall Rodgers Freeway, North Central Expressway, Routh Street, and Ross Avenue.

COUNCIL DISTRICT: 14

MAPSCO: 45-G

SIZE OF REQUEST: Âą10.502 acres

CENSUS TRACT: 17.01

OWNER:

Billingsley #17, Ltd.

APPLICANT:

Billingsley #17, Ltd.

REPRESENTATIVE: Cheri Donohue PROPOSAL:

An application to amend Section 51A-7.2100 Arts District Extension Area Sign District Special Provision Sign District (SPSD) to allow for new sign types and create the Arts Plazas One, Two & Three, and the Dallas Black Dance Theater subareas.

SUMMARY:

The purpose of this request is to complement sign types in the adjacent Arts District Sign District SPSD to identify and promote various uses within the district.

STAFF RECOMMENDATION: Approval, subject to amended conditions.

CPC RECOMMENDATION:

Approval, subject to amended conditions.

1

SPSD 112-002 BACKGROUND INFORMATION: •

Proposed amendments would be applicable to Arts Plazas (AP) I, II & III, and the Dallas Black Dance Theater in the Arts District Extension area.

•

The intent of the request is to complement the adjacent signage that was recently approved for subdistrict A of the Arts District SPSD which allows for tenant identity signs at the top of a building and larger monument and integrated signs than otherwise would be permitted.

•

The site is currently developed with restaurants, banks, retail and personal service and residential uses.

•

The Arts District Sign Advisory Committee (ADSAC) considered the request on September 18, 2012, and recommended approval of the request subject to the conditions.

STAFF ANALYSIS: •

During review of the legal descriptions there were problems with closure of the proposed subdistrict boundaries. The conditions and boundary legal descriptions were revised by the applicant’s representative to address proposed signage on undeveloped parcels in the Arts Plaza II & III subdistricts. The revisions resulted in the creation of three (3) rather than four (4) subdistricts with additional restrictions on signage in Arts Plazas II & III. The changes did not result in any additional signs being permitted.

•

Proposed signage regulations would be consistent with district-wide design distinctive visual image standards of the “Sasaki Plan”, which serves as a guide for the Art’s District Extension Area Planned Development District No. 708.

While signage is not covered in detail in the “Sasaki Plan”, the plan does set out consistent design guidelines for the District as a whole.

•

The proposed language for monument, attached tenant identity signs and retaining wall signs is similar to the signage that was recently approved for Subdistrict A in the adjacent Arts Sign District Special Provision Sign District west of the subject site.

2

SPSD 112-002 CPC Action (January 24, 2013) Motion: It was moved to recommend approval of an amendment to the Arts District Extension Area Special Provision Sign District to allow for new sign types and create the Arts Plazas One, Two & Three, and the Dallas Black Dance Theater subareas, subject to amended conditions in an area generally bounded by Woodall Rodgers Freeway, North Central Expressway, Routh Street and Ross Avenue.

Maker: Ridley Second: Tarpley Result: Carried: 15 to 0 For:

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

Against:

0

Absent:

0

Vacancy: 0 Notices: Replies: Speakers:

Area: For:

200 0

Mailed: 75 Against: 0

For: Cheri Donohue, Address not given Lucilo Pena, 1717 Arts Plaza, Dallas, TX, 75201 Against: None

3

SPSD 112-002

4

SPSD 112-002

City Plan Commission Recommendation ORDINANCE NO. __________

An ordinance amending Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Sections51A-7.2101, 51A7.2103, 51A-7.2107, and 51A-7.2108; providing for the designation of subdisticts, definitions, and regulations for the new subdistricts; adding new Sections 51A-7.2110, 51A-7.2111, 51A-7.2112, and 51A-7.2113; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date.

WHEREAS, the city plan commission and the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given the required notices and have held the required public hearings regarding this amendment to the Dallas City Code; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1.

That Section 51A-7.2101, “Designation of the Arts District

Extension Area Sign District,” of Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51A-7.2101.

DESIGNATION OF THE ARTS DISTRICT EXTENSION AREA SIGN DISTRICT.

(a) A sign district is hereby created to be known as the Arts District Extension Area Sign District. The boundaries of the Arts District Extension Area Sign District are the same as those of the Dallas Arts District Extension Area (Planned Development District No. 708).

5

SPSD 112-002 (b) Three subdistricts are hereby created within the Arts District Extension Area Sign District.

For the purposes of this division, the One Arts Plaza Subdistrict is (1) described as being all of Lot 1A, Block A/305, Arts Plaza Phase 1, Revised, an Addition to the City of Dallas, Dallas County, Texas, according to the plat thereof situated in the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas County, Texas, as filed under City Plan File Number S078-070 and recorded in under Instrument File No. 20080165687, Map Records of Dallas County, Texas.

For the purposes of this division, the Two & Three Arts Plaza Subdistrict is (2) described as being all of Lot 2, Block A/305, Arts Plaza Phase 2, Final Plat, an Addition to the City of Dallas, Dallas County, Texas, according to the plat thereof situated in the John Grigsby Survey, Abstract No. 495, consisting of City of Dallas Blocks 304, 305, 568 and 570, Dallas County, Texas, as filed under City Plan File Number S045-232 D and recorded in under Instrument File No. 20080358602, Map Records of Dallas County, Texas.

For the purposes of this division, the Dallas Black Dance Theatre (3) Subdistrict is described as a tract or parcel of land situated in City Block No. 566 in the City of Dallas, Dallas County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the northwest line of Ross Avenue (as widened) with the northeast line of Arts Plaza (formerly known as Boll Street as street name changed per City of Dallas Ordinance No. 26921, passed on September 12, 2007 by the City Council of the City of Dallas): THENCE North 44°46'00" West 348.00 feet along the northeast line of Arts Plaza (formerly known as Boll Street as street name changed per City of Dallas Ordinance No. 26921, passed on September 12, 2007 by the City Council of the City of Dallas) to the southeast line of Flora Street; THENCE North 45°26'00" East 114.00 feet along the southeast line of Flora Street; THENCE South 44°46'00" East 100.00 feet along a line 114.00 feet northeast of and parallel to the northeast line of Arts Plaza (formerly known as Boll Street as street name changed per City of Dallas Ordinance No. 26921, passed on September 12, 2007 by the City Council of the City of Dallas); THENCE North 45°26'00" East 3.00 feet; THENCE South 44°46'00" East 248.00 feet along a line 117.00 feet northeast of and parallel to the northeast line of Arts Plaza (formerly known as Boll Street as changed per City of Dallas Ordinance No. 26921, passed on September 12, 2007 by the City Council of the City of Dallas) to the northwest line of Ross Avenue;

6

SPSD 112-002 THENCE South 45°26'00" West 117.00 feet along the northwest line of Ross Avenue to the Point of Beginning and Containing 40,416 square feet of land more or less. (c) The property described in Subsection (a), which was formerly part of the Downtown Special Provision Sign District, is no longer considered to be part of that district. This division completely supersedes Division 51A-7.900 with respect to the property described in Subsection (a).”

SECTION 2.

That Subsection (a) of Section 51A-7.2103, “Definitions,” of

Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Signs,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding an new Paragraph (24.1) to read as follows: “(24.1) RETAINING WALL SIGN means a premise sign within the One Arts Plaza and Two & Three Arts Plaza Subdistricts that is integrated into a retaining wall.”

SECTION 3.

That Subsection (a) of Section 51A-7.2103, “Definitions,” of

Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Signs,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Paragraph (26.1) to read as follows: “(26.1) TENANT IDENTITY SIGN means an attached premise sign within the Two & Three Arts Plaza Subdistrict located on a building that is primarily used for office uses and that identifies a specific office tenant.”

SECTION 4. That Paragraph (1) of Subsection (a), “In General,” of Section 51A7.2107, “Attached Private Signs,” of Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Signs,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows:

7

SPSD 112-002 “(1) This section applies to all attached private signs, except retaining wall signs in the One Arts Plaza and Two & Three Arts Plaza Subdistricts, tenant identity signs within the Two & Three Arts Plaza Subdistrict, and [that] the only provision of this section that applies to building identification signs is Paragraph (5) of this subsection. For the regulations governing building identification signs, see Section 51A7.2109. For the regulations governing retaining wall signs in the One Arts Plaza Subdistrict, see Section 51A-7.2110. For the regulations governing retaining wall signs and tenant identity signs in the Two & Three Arts Plaza Subdistrict, see Section 51A7.2111.”

SECTION 5. That Paragraph (2) of Subsection (b), “Detached Premise Signs,” of Section 51A-7.2108, “Detached Private Signs,” of Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Signs,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(2) Except in the One Arts Plaza, Two & Three Arts Plaza, and Dallas Black Dance Theater Subdistricts, n[N]o detached premise sign may exceed 20 square feet in effective area.”

SECTION 6. That Paragraph (5) of Subsection (b), “Detached Premise Signs,” of Section 51A-7.2108, “Detached Private Signs,” of Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Signs,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(5) Except in the One Arts Plaza, Two & Three Arts Plaza, and Dallas Black Dance Theater Subdistricts, n[N]o sign may exceed 13 feet, 6 inches in height.”

SECTION 7. That Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Section 51A-7.2110, “One Arts Plaza Subdistrict,” to read as follows: 8

SPSD 112-002 “SEC. 51A-7.2110. ONE ARTS PLAZA SUBDISTRICT. (a) In general. Except as provided in this division, the provisions of the Arts District Extension Area Sign District apply in this subdistrict. (b)

Monument signs.

(1)

Only two monument signs are permitted.

(2)

Monument signs must be freestanding.

(3) Monument signs may be two sided, but must be located in the building plaza area.

(4) multiple tenants.

of-way.

Monument signs may identify a building’s owner or developer and

(5)

Monument signs may be located at the building line.

(6)

Monument signs may be located within five feet of the public right-

(7) The maximum height for a monument sign is eight feet measured from the top of the sign face.

material. (c)

(8)

The maximum effective area for a monument sign is 50 square feet.

(9)

All elements of a monument sign must be consistent in color and

Retaining wall signs.

(1)

Only two retaining wall signs are permitted.

(2) Retaining wall signs must be mounted on a perimeter retaining wall facing a right-of-way.

(3) Retaining wall signs may identify the building’s owner or developer and multiple tenants. right-of-way.

(4)

Retaining wall signs may be located within five feet of the public

(5) The maximum height for a retaining wall sign is eight feet measured from the top of the sign face.

9

SPSD 112-002

feet. material.”

(6)

The maximum effective area for a retaining wall sign is 20 square

(7)

All elements of a retaining wall sign must be consistent in color and

SECTION 8. That Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Section 51A-7.2111, “Two & Three Arts Plaza Subdistrict,” to read as follows:

SEC. 51A-7.2112. TWO & THREE ARTS PLAZA SUBDISTRICT. (a) In general. Except as provided in this division, the provisions of the Arts District Extension Area Sign District apply in this subdistrict. (b)

Tenant identity signs and building identification signs.

(1) Except as provided below only one tenant identity sign or building identification sign is permitted per facade.

(2) For buildings north of One Arts Plaza tenant identity signs and building identification signs are prohibited on the south facade of a structure.

(3) For buildings east of One Arts Plaza tenant identity signs and building identification signs are prohibited on west façade of a structure floor.

(4)

Tenant identity signs must be located above the highest leasable

(5) Tenant identity signs must be composed of individual letters only and illumination of these signs, if any, must be internal to each letter. No illuminated sign or element of a sign may turn on or off or change its brightness. same color.

(6)

All tenant identity signs and building identity signs must be the

10

SPSD 112-002

(c) subdistrict.

Monument signs.

(1)

A maximum of four monument signs are permitted in this

(2)

Only two monument signs are permitted per building site.

(3)

Monument signs must be freestanding.

(4) Monument signs may be two sided, but must be located in the building plaza area.

(5) multiple tenants.

of-way.

Monument signs may identify a building’s owner or developer and

(6)

Monument signs may be located at the building line.

(7)

Monument signs may be located within five feet of the public right-

(8) The maximum height for a monument sign is eight feet measured from the top of the sign face.

material. (d) subdistrict.

(9)

The maximum effective area for a monument sign is 50 square feet.

(10)

All elements of a monument sign must be consistent in color and

Retaining wall signs.

(1)

A maximum of four retaining wall signs are permitted in this

(2)

Only two retaining wall signs are permitted per building site.

(3) Retaining wall signs must be mounted on a perimeter retaining wall facing a right-of-way.

(4) Retaining wall signs may identify the building’s owner or developer and multiple tenants. right-of-way.

(5)

Retaining wall signs may be located within five feet of the public

(6) The maximum height for a retaining wall sign is eight feet measured from the top of the sign face.

11

SPSD 112-002

feet. material.

(7)

The maximum effective area for a retaining wall sign is 20 square

(8)

All elements of a retaining wall sign must be consistent in color and

SECTION 10. That Division 51A-7.2100, “Provisions for the Arts District Extension Area Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Section 51A-7.2113, “Dallas Black Dance Theater Subdistrict,” to read as follows: “SEC. 51A-7.2113. DALLAS BLACK DANCE THEATER SUBDISTRICT. (a)

In general.

(1) Except as provided in this division, the provisions of the Arts District Extension Area Sign District apply in this subdistrict.

(2) one building site.

(3)

For the purposes of this section, the entire subdistrict is considered

Monument signs.

(1)

Only two monument signs are permitted.

(2)

Monument signs must be freestanding.

(3) Monument signs may be two sided, but must be located in the building plaza area.

(4) multiple tenants.

of-way.

Monument signs may identify a building’s owner or developer and

(5)

Monument signs may be located at the building line.

(6)

Monument signs may be located within five feet of the public right-

12

SPSD 112-002 (7) The maximum height for a monument sign is eight feet measured from the top of the sign face.

material.�

(8)

The maximum effective area for a monument sign is 50 square feet.

(9)

All elements of a monument sign must be consistent in color and

SECTION 11.That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000.

SECTION 12. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance.

SECTION 13. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.

SECTION 14. 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.

13

SPSD 112-002

14

SPSD 112-002

15

SPSD 112-002 CPC RESPONSES

16

SPSD 112-002 1/24/2013

Reply List of Property Owners SPSD112-002 75 Property Owners Notified Owners Opposed

0 Property Owners in Favor

Reply Label # Address

0 Property

Owner

1

2600

MUNGER AVE

ST PAULS M E CHURCH

2

2606

MUNGER AVE

ST PAUL METHODIST CHURCH

3

2605

WADE RD

ST PAUL METHODIST CHURCH

4

2880

WOODALL RODGERS FWY

CROW BILLINGSLEY #17 LTD

5

2702

WOODALL RODGERS FWY

CROW BILLINGSLEY 17

6

1035

YOUNG ST

DALLAS TERM RY & UN DEPOT

7

1722

ROUTH ST

BILLINGSLEY ARTS PARTNERS LTD

8

1722

ROUTH ST

BILLINGSLEY ARTS

9

1717

ARTS PLAZA DR

HENRY BARRY &

10

1717

ARTS PLAZA DR

BAIO JAMES R & PATRICIA E

11

1717

ARTS PLAZA DR

FALGOUT KIMBERLY

12

1717

ARTS PLAZA DR

BUCK STEPHEN

13

1717

ARTS PLAZA DR

BOWLES JOHN R &

14

1717

ARTS PLAZA DR

DANGEL RICHARD

15

1717

ARTS PLAZA DR

SHINN GRESHAM J

16

1717

ARTS PLAZA DR

ARTS RESIDENTIAL PARTNERS INC

17

1717

ARTS PLAZA DR

MULFORD ROSS CLAYTON

18

1717

ARTS PLAZA DR

BILLINGSLEY ARTS

19

1717

ARTS PLAZA DR

JEFFERS HARRIET H REVOCABLE TRUST

20

1717

ARTS PLAZA DR

ABEL RIC E & KIM V

21

1717

ARTS PLAZA DR

FASULLO GREG & ASHLEY BERGER

22

1717

ARTS PLAZA DR

HOFFMAN BARBARA

23

1717

ARTS PLAZA DR

HEU OLIVIER NORBERT

24

1717

ARTS PLAZA DR

STRAUSS SUSAN WAYNE

25

1717

ARTS PLAZA DR

FITE JAMES R &

26

1717

ARTS PLAZA DR

NEWELL SUSAN CAROL

17

SPSD 112-002 1/24/2013

Reply Label # Address

Owner

27

1717

ARTS PLAZA DR

LEGGE LEONARD M JR & LYNDA L

28

1717

ARTS PLAZA DR

LPB 2008 CAPITAL INVESTMENT INC

29

1717

ARTS PLAZA DR

ARTS RES PARTNERS INC

30

1717

ARTS PLAZA DR

BILLINGSLEY ARTS

31

1717

ARTS PLAZA DR

TCB 2008 INVESTMENT INC

32

1717

ARTS PLAZA DR

LPB 2008 INVESTMENT INC

33

1717

ARTS PLAZA DR

KILGUST RICHARD R & MARY L TRUST

34

1717

ARTS PLAZA DR

TRIEB MARK A & SHAUNA J

35

1717

ARTS PLAZA DR

CAYTON EVANGELINE T MD

36

1717

ARTS PLAZA DR

TEAGUE THOMAS RICHARD

37

1717

ARTS PLAZA DR

MASCARENHAS WINSTON L

38

1717

ARTS PLAZA DR

KIM DO HYUNG

39

1717

ARTS PLAZA DR

CASH HARVEY B & JOBETH M TRUSTEES

40

1717

ARTS PLAZA DR

CABRERA MARCO

41

1717

ARTS PLAZA DR

BERGREN SCOTT ETAL

42

1717

ARTS PLAZA DR

LARSEN KAREN L

43

1717

ARTS PLAZA DR

SANKARAPANDIAN BALAMURUGA

44

1717

ARTS PLAZA DR

LAFREDO STEVE &

45

1717

ARTS PLAZA DR

FORMAN JAMES TR & ADELE C TR

46

1717

ARTS PLAZA DR

SAVAGE AUDREY ANTOINETTE

47

1717

ARTS PLAZA DR

WILK DAVID I

48

1717

ARTS PLAZA DR

WAYNE JONATHAN M &

49

1717

ARTS PLAZA DR

WILKINSON ROBERT G &

50

1717

ARTS PLAZA DR

CHAMBERS JAMES H &

51

1717

ARTS PLAZA DR

WOLFE DAVID

52

1717

ARTS PLAZA DR

SIMMONS ELIZABETH A

53

1717

ARTS PLAZA DR

ALAVI REZA & MONA

54

1717

ARTS PLAZA DR

KALETA HOLDINGS LLC

55

1717

ARTS PLAZA DR

WILLIAMS MELISSA & RYAN

56

1717

ARTS PLAZA DR

KENNEDY THOMAS M &

57

1717

ARTS PLAZA DR

VEALE MICHAEL R FAMILY TR

18

SPSD 112-002 1/24/2013

Reply Label # Address

Owner

58

1717

ARTS PLAZA DR

HARRIS JOHN R III & JODI

59

1717

ARTS PLAZA DR

PAPALIA ROCCO

60

1717

ARTS PLAZA DR

BRAME RONALD M

61

1717

ARTS PLAZA DR

WELLS FARGO BANK

62

1717

ARTS PLAZA DR

DERMAN ANDREW B & LYNN E

63

1717

ARTS PLAZA DR

LASKO MATTHEW E & EMILY O

64

1717

ARTS PLAZA DR

BYRNE MOLLY L

65

1717

ARTS PLAZA DR

DERMAN ANDREW B & LYNN E

66

1717

ARTS PLAZA DR

COBB BONNIE

67

1717

ARTS PLAZA DR

PENA LUCILO &

68

1704

ARTS PLAZA

DALLAS BLACK DANCE THEATE

69

2809

ROSS AVE

FELLOWSHIP CHURCH

70

2632

ROSS AVE

DART

71

2121

ROUTH ST

POST APARTMENT HOMES LP

72

3101

ROSS AVE

DUCKINS PARTNERS LTD A TX

73

2501

FLORA ST

Dallas ISD

74

2611

ROSS AVE

BVF II ARTS LTD PS

75

3002

ZENIA DR

TWIN LAKES PLAZA LP

19

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 71

N/A

________________________________________________________________

SUBJECT A public hearing to receive comments on Substantial Amendment No. 18 to the FY 2012-13 Action Plan for the Reconstruction/Share Program to establish a new CDBG Reconstruction/Share activity and reallocate $400,000 from the CDBG Major System Repair Program activity to the Reconstruction/Share Program; and at the close of the public hearing, authorize the final adoption of Substantial Amendment No. 18 to the FY 2012-13 Action Plan - Financing: No cost consideration to the City BACKGROUND On November 12, 2007, City Council approved the Program Statement authorizing the Housing Department to implement the Reconstruction/SHARE Program Statement for reconstruction on-site pursuant to certain conditions for assistance up to $87,500.

On December 9, 2009, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to increase the maximum Reconstruction Program Assistance Type One loan amount from $87,500 to $93,400.

On May 25, 2011, City Council authorized modifications to the Reconstruction/SHARE Program Statement to: (1) increase the maximum Reconstruction Program Assistance Type One loan amount from up to $93,400 to up to $103,000; (2) provide assistance to the extent permitted under appropriate regulations to cover the difference in the amount needed to complete an on-site reconstruction when either the contractor or property owner terminates the existing contract; and (3) clarification of the use of funds and deleting the payment of taxes in accordance with directions from the U.S. Department of Housing and Urban Development (HUD).

BACKGROUND (Continued) On June 27, 2012, City Council adopted the final FY 2012-13 Consolidated Plan Budget which appropriated Community Development Block grant funds to be used for the Major Systems Repair Program.

This request is to reallocate funds as identified below: From Source of Funds: FY12-13 CDBG

Major System Repair Program

$400,000 ________ $400,000

Reconstruction/Share Program

$400,000 ________ $400,000

TOTAL: To Use of Funds: FY12-13 CDBG TOTAL:

The Substantial Amendment No. 18 will: (1) establish a new CDBG Reconstruction/Share Program activity for FY 2012-13 Action Plan to provide funds for deferred loans to low-income homeowners for reconstruction of their existing homes (2) reallocate $400,000 from the existing CDBG Major System Repair Program activity to the CDBG Reconstruction/Share Program activity. Notice of Substantial Amendment No. 18 was provided to the public on January 28, 2013, and comments were requested through February 27, 2013.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 12, 2007, City Council approved the Program Statement authorizing the Housing Department to implement the Reconstruction/SHARE Program Statement for reconstruction on-site pursuant to certain conditions for assistance up to $87,500 by Resolution No. 07-3307.

On April 23, 2008, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to add an amenities package up to $5,900

by Resolution No. 08-1266.

On October 8, 2008, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to assist low-income homeowners in Dallas earning less than 80% of Area Median Family Income (AMFI), and are 62 years of age or older or disabled, and to provide assistance with one (1) tax and insurance payment

by Resolution No. 08-2768.

Agenda Date 02/27/2013 - page 2

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On December 9, 2009, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to increase the maximum Reconstruction Program Assistance Type One loan amount from $87,500 to $93,400 by Resolution No. 09-2951.

On September 22, 2010, City Council authorized modifications to the Program Statement for the Reconstruction/SHARE Program to include reconstruction of homes with a failure of 3 systems and a foundation, and/or life, safety and health concerns.

Allow payoff of secured housing liens up to the dollar amount of the amenities package of $5,900.00; thereby reducing the dollar amount available for reconstruction to no less than $87,500, but not changing the total loan amount of $93,400. Annually, 10% of funds may be used to assist persons younger than 62 years of age, or without a disability, and still meeting all other loan criteria by Resolution No. 10-2465.

On November 10, 2010, City Council authorized an amendment to the Home Repair Program Statement for Reconstruction/SHARE Program Statement previously approved on September 22, 2010 by Resolution No. 10-2465; allow payoff of liens up to the amount of the amenities package of $5,900 amended to: allow refinancing of liens up to the amount of the amenities package of $5,900 by Resolution No. 10-2884.

On May 25, 2011, City Council authorized modifications to the Reconstruction/SHARE Program Statement to: (1) increase the maximum Reconstruction Program Assistance Type One loan amount from up to $93,400 to up to $103,000; (2) provide assistance to the extent permitted under appropriate regulations to cover the difference in the amount needed to complete an on-site reconstruction when either the contractor or property owner terminates the existing contract; and (3) clarification of the use of funds and deleting the payment of taxes in accordance with directions from the U.S. Department of Housing and Urban Development (HUD) by Resolution No. 11-1349.

On June 27, 2012, City Council adopted the final FY 2012-13 Consolidated Plan Budget which appropriated Community Development Block grant funds to be used for the Major Systems Repair Program by Resolution No. 12-1629.

On January 23, 2013, City Council approved preliminary adoption of Substantial Amendment No. 18 to the FY 2012-13 Action Plan for the Reconstruction/Share Program, and authorized a public hearing, by Resolution No. 13-0210.

FISCAL INFORMATION No cost consideration to the City

Agenda Date 02/27/2013 - page 3

COUNCIL CHAMBER

February 27, 2013 WHEREAS, on November 12, 2007, City Council approved the Program Statement authorizing the Housing Department to implement the Reconstruction/SHARE Program Statement for reconstruction on-site pursuant to certain conditions and for assistance up to $87,500 by Resolution No. 07-3307; and WHEREAS, on April 23, 2008, City Council authorized an amendment to the Reconstruction/SHARE Program Statement which added an amenities package up to $5,900 by Resolution No. 08-1266; and WHEREAS, on October 8, 2008, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to assist low-income homeowners at 80% of AMFI, and 62 years of age or older or disabled, and to provide assistance with one (1) tax and insurance payment by Resolution No. 08-2768; and WHEREAS, on December 9, 2009, City Council authorized an amendment to the Reconstruction/SHARE Program Statement to increase the maximum Reconstruction Program Assistance Type One loan amount from $87,500 to $93,400 by Resolution No. 09-2951; and WHEREAS, on September 22, 2010, the City Council authorized modifications to the Program Statement for the Reconstruction/SHARE Program by Resolution No. 10-2465; and WHEREAS, on November 10, 2010, City Council authorized an amendment to the Home Repair Program Statement for Reconstruction/SHARE Program Statement previously approved on September 22, 2010 by Resolution No. 10-2465; allow payoff of liens up to the amount of the amenities package of $5,900 amended to: allow refinancing of liens up to the amount of the amenities package of $5,900 by Resolution No. 10-2884; and WHEREAS, on May 25, 2011, City Council authorized modifications to the Reconstruction/SHARE Program Statement to: (1) increase the maximum Reconstruction Program Assistance Type One loan amount from up to $93,400 to up to $103,000; (2) provide assistance to the extent permitted under appropriate regulations to cover the difference in the amount needed to complete an on-site reconstruction when either the contractor or property owner terminates the existing contract; and (3) clarification of the use of funds and deleting the payment of taxes in accordance with directions from the U.S. Department of Housing and Urban Development (HUD) by Resolution No. 11-1349; and WHEREAS, on June 27, 2012, City Council adopted the final FY 2012-13 Consolidated Plan Budget which appropriated Community Development Block grant funds to be used for the Major Systems Repair Program by Resolution No. 12-1629; and

COUNCIL CHAMBER

February 27, 2013 WHEREAS, On January 23, 2013, City Council approved preliminary adoption of Substantial Amendment No. 18 to the FY 2012-13 Action Plan for the Reconstruction/Share Program, and authorized a public hearing, by Resolution No. 13-0210; and .

WHEREAS, federal regulations and City’s Citizen Participation Plan requires not less than a 30-day public comment period and public hearing be held on any substantial amendment; and WHEREAS, notice was provided to the public on January 28, 2013, and comments were requested through February 27, 2013; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. Authorize final adoption of Substantial Amendment No. 18 to the FY 2012-13 Action Plan for the Reconstruction/Share Program to establish a new CDBG Reconstruction/Share activity and reallocate $400,000 from the CDBG Major System Repair Program activity to the Reconstruction/Share Program.

SECTION 2. That the City Manager is hereby authorized to decrease appropriations in FUND CD12, Dept. HOU, Unit 872E in the amount of $400,000.

SECTION 3. That the City Manager is hereby authorized to establish appropriations in Fund 12R1, Dept. HOU, Unit 954E in the amount of $400,000.

SECTION 4. That the City Controller is hereby authorized to receive and deposit grant funds in Fund 12R1, Dept. HOU, Unit 954E in the amount of $400,000.

SECTION 5. That the City Controller is hereby authorized to disburse grant funds in Fund 12R1, Dept. HOU, Unit 954E in the amount of $400,000.

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 according so resolved.

KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 27, 2013

COUNCIL DISTRICT(S):

7

DEPARTMENT:

Housing/Community Services

CMO:

Ryan S. Evans, 670-3314

MAPSCO:

AGENDA ITEM # 72

46W

________________________________________________________________

SUBJECT A public hearing to receive comments on the proposed sale of one unimproved property acquired by the taxing authorities from the Sheriff to Cornerstone Community Development Corporation, a qualified non-profit organization; and, at the close of the public hearing, authorize the City Manager to: (1) quitclaim one unimproved property under the HB110 process of the City's Land Transfer Program; and (2) release the City’ s non-tax liens included in the foreclosure judgment and post-judgment non-tax liens, if any (list attached) - Revenue: $1,000 BACKGROUND The HB110 process of the City’s Land Transfer Program, in accordance with Section 2-26 of the Dallas City Code (“Code”) and with Section 253.010 of the Texas Local Government Code, permits the City to sell land, which the City has acquired as a trustee, for itself and the other taxing jurisdictions, from the Sheriff pursuant to the tax foreclosure process, to a qualified non-profit organization for the purpose of providing affordable housing, subject to the consent of the other taxing jurisdictions.

Property eligible for the HB110 process of the City’s Land Transfer Program must be sold by quitclaim deed and include a possibility of reverter and right of re-entry, triggered under certain conditions, including if construction of affordable housing is not completed on the property within three years of the non-profit’s receipt of the quitclaim deed. The quitclaim deed must also include deed restrictions that ensure the desired development of the property and maintain the affordability of the property as required by the Code. Per the Code, the sales price of each property is $1,000 for up to 7,500 square feet of land plus $0.133 for each additional square foot of land, which amount is distributed by the City to both the City and the other taxing jurisdictions in accordance with Section 34.06 of the Texas Tax Code, plus an amount equal to the actual fees charged for recording the Sheriff’s deed and the quitclaim deed in the real property records.

BACKGROUND (continued) Prior to the approval of any sale, the Code requires that the City Council hold a public hearing to receive comments on the proposed sale of land and provide certain notices to the public.

Cornerstone Community Development Corporation submitted a proposal to construct one single-family home containing approximately 1,500 square feet on one unimproved HB110 process-eligible, Land Transfer Program property, identified on Exhibit A, attached to the resolution, for purchase by a low to moderate income homebuyer at a proposed sales price of $115,000, with construction to begin in May 2013.

This item calls for a public hearing to allow the public an opportunity to comment on the proposed sale of the one unimproved property to Cornerstone Community Development Corporation and, at the close of the public hearing, authorizes the sale of the property to Cornerstone Community Development Corporation by quitclaim deed and the release of the City’s non-tax liens included in the foreclosure judgment and the post-judgment non-tax liens, if any.

In conformance with the Code, at least ten calendar days prior to the public hearing, a sign indicating the time and place of the public hearing was placed on the property, notification of the public hearing was mailed to property owners within 200 feet of the property, and notice of the public hearing was published in the Dallas Morning News.

PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 13, 2013, the City Council authorized a public hearing to receive comments on the proposed sale by quitclaim deed of one unimproved property acquired by the taxing jurisdictions from the Sheriff to Cornerstone Community Development Corporation.

FISCAL INFORMATION Revenue - $1,000 OWNER Cornerstone Community Development Corporation Major Williams, President MAP Attached

Agenda Date 02/27/2013 - page 2

Tax Foreclosure and Seizure Property Resale Parcel No. Address

Non-Profit DCAD Organization Mapsco Amount

1.

Cornerstone Community Development 46W Corporation

2801 Colonial

$8,330

Sale Vac/ Amount Imp

Zoning

$1,000.00

PD-595

V

..."45Y

56A

[MAPSCO 46W J

COUNCIL CHAMBER

February 27, 2013 WHEREAS, the of the City’s Land Transfer Program, in accordance with Section 2-26 of the Dallas City Code (“Code”) and with Section 253.010 of the Texas Local Government Code, permits the City to sell land, which the City has acquired as a trustee, for itself and the other taxing jurisdictions, from the Sheriff pursuant to the tax foreclosure process, to a qualified non-profit organization for the purpose of providing affordable housing, subject to the consent of the other taxing jurisdictions; and WHEREAS, property eligible for the HB110 process of the City’s Land Transfer Program must be sold by quitclaim deed and include a possibility of reverter and right of re-entry, triggered under certain conditions, including if construction of affordable housing is not completed on the property within three years of the non-profit’s receipt of the quitclaim deed; and WHEREAS, the quitclaim deed must also include deed restrictions that ensure the desired development of the property and maintain the affordability of the property as required by the Code; and WHEREAS, per the Code, the sales price of each property is $1,000 for up to 7,500 square feet of land plus $0.133 for each additional square foot of land, which amount is distributed by the City to both the City and the other taxing jurisdictions in accordance with Section 34.06 of the Texas Tax Code, plus an amount equal to the actual fees charged for recording the Sheriff’s deed and the quitclaim deed in the real property records; and WHEREAS, prior to the approval of any sale, the Code requires that the City Council hold a public hearing to receive comments on the proposed sale of land and provide certain notices to the public; and WHEREAS, Cornerstone Community Development Corporation, submitted a proposal to construct one single-family home containing approximately 1,500 square feet on one unimproved HB110 process-eligible, Land Transfer Program property, identified on Exhibit A, attached hereto and made a part hereof (hereinafter the “property”), for purchase by a low to moderate income homebuyer at a proposed sales price of $115,000, with construction to begin in May 2013; and WHEREAS, at least ten calendar days prior to the public hearing, a sign indicating the time and place of the public hearing was placed on the property, notification of the public hearing was mailed to property owners within 200 feet of the property, and notice of the public hearing was published in the Dallas Morning News; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

COUNCIL CHAMBER

February 27, 2013 Section 1. That upon receipt of the requisite monetary consideration from Cornerstone Community Development Corporation, (hereinafter the “non-profit organization”) and the approval of the governing bodies of the other affected taxing jurisdictions, the City Manager is hereby authorized to execute a quitclaim deed, approved as to form by the City Attorney and attested by the City Secretary, quitclaiming the property, acquired by the taxing authorities from the Sheriff, to the non-profit organization, subject to the conditions contained in this resolution.

Section 2. That the City Manager is hereby authorized to execute instruments, approved as to form by the City Attorney, releasing the City’s non-tax liens included in the foreclosure judgment and post-judgment non-tax liens, if any, on the property.

Section 3. That the non-profit organization’s proposal for the development of affordable housing on the property, described in Exhibit A, is hereby approved.

Section 4. That the quitclaim deed shall contain: (a) A copy or summary of the proposal from the non-profit organization for the property and a requirement that the property be developed by the non-profit organization in accordance with the proposal, including the timetable specified in the proposal. (b) A possibility of reverter with right of re-entry if the director determines that the non-profit organization: (i) has failed to take possession of the property within ninety calendar days after receiving the quitclaim deed; (ii) has failed to complete construction of affordable housing on the property within three years after receiving the quitclaim deed or by the end of any extended development period approved by the City Council in accordance with Section 2-26.6(c) of the Code; (iii) is not developing the property in compliance with the timetable specified in the non-profit organization’s proposal; (iv) is unable to develop the land in compliance with its proposal because a request for a zoning change has been denied; (v) has incurred a lien on the property because of violations of the Code or other City ordinances within three years after receiving the quitclaim deed; and

COUNCIL CHAMBER

February 27, 2013 (vi) has sold, conveyed, or transferred the property without the consent of the City and the other affected taxing jurisdictions within three years after receiving the quitclaim deed. (c)

Deed restrictions requiring the purchaser to:

(i) restrict the sale and resale of owner-occupied property to low-income individuals or families for five years after the date the deed from the non-profit organization to the initial homebuyer is filed in the real property records of the county in which the property is located; (ii) require the non-profit organization to develop all proposed housing units on the property in accordance with the Code and all applicable City ordinances and state and federal laws within three years after receiving the quitclaim deed or by the end of any extended development period approved by the City Council in accordance with Section 2-26.6(c) of the Code, and to obtain inspections and approval of the housing units by the City before initial occupancy; and (iii) require any low-income individual or family who purchases a housing unit on a property to maintain the housing unit in accordance with the Code and all applicable City ordinances and state and federal laws for a period of five years after the date the deed from the non-profit organization to the initial homebuyer is filed in the real property records of the county in which the property is located. (d) An indemnification by the non-profit organization of the City and other affected taxing jurisdictions. (e) A statement and acknowledgment that the property is quitclaimed subject to all redemption rights provided by state law. (f) The non-profit organization’s representation and agreement that it did not purchase the property on behalf of a “prohibited person” and will not sell or lease the property to a “prohibited person” for five years from the date of the quitclaim deed. A “prohibited person” is any party who was named as a defendant in the legal proceedings where the City obtained a final judgment for delinquent taxes and an order to foreclose its tax lien on the property or person in the judgment or seizure tax warrant, or the Sheriff's deed as the owner of the property, authorized seized and ordered sold for delinquent taxes and any municipal health and safety liens.

COUNCIL CHAMBER

February 27, 2013 Section 5. That the City Manager is authorized to execute instruments, approved as to form by the City Attorney, releasing the City's possibility of reverter with right of re-entry and terminating the deed restrictions to the property upon compliance with all terms and conditions of Section 2-26 of the Code and the quitclaim deed, including the deed restrictions and the proposal.

Section 6. That the non-profit organization shall be responsible for the pro-rata taxes assessed on the property from the date of closing for the remaining part of the then-current calendar year. The property shall be placed back on the tax rolls effective as of the date of execution of the quitclaim deed.

Section 7. That any procedures required by Section 2-24 of the Code that are not required by state law are hereby waived with respect to conveyance of the property.

Section 8. That the monetary consideration received from the non-profit organization shall be distributed pursuant to the Section 34.06 of the Texas Tax Code.

Section 9. That any and all proceeds for the City’s sale of the property to the non-profit organization be deposited to General Fund 0001, Dept DEV, Balance Sheet Account 0519.

Section 10. That upon receipt of the monetary consideration from the non-profit organization, the City Controller is authorized to disburse proceeds of the sale of the property in accordance with Section 34.06 of the Texas Tax Code, which calculations for disbursement shall be provided by the Director of Sustainable Development and Construction, to the City of Dallas Land Based Receivables, the Dallas County District Clerk and the Dallas County Tax Office from the account specified in Section 9 above.

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 according so resolved.

EXHIBIT A TAX-FORECLOSED (TF) AND/OR SEIZURE WARRANT (SW PROPERTY RESALE February 27,2013 PARCEL NO. STREET ADDRESS! LEGAL DESCRIPTION

1

12801 Colonial Lot 2, Alexanders Rev. Block 0 /1131

VACA NTI IMPROVED TFISW

INSTRUMENT NUMBER

QUAlIFIED NON路PROFIT PURCHASER

HOMEOWNER RENTAL LEASE PURCHASE

NUMBER OF DWELUNG SALE AMOUNT UNITS

Corne rstone Community

SW

V

200018402614 Developm ent Corporation Homeowner

1

$1,000.00

TOTAL

$1,000.00