Dallas City Council Agenda: January 22, 2014 Part II by buildingcommunityWORKSHOP

AGENDA ITEM # 49 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

49 Y

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1835 for the Sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned a CR Community Retail District with a D-1 Liquor Control Overlay on the south line of Scyene Road, east of Namur Street Recommendation of Staff and CPC: Approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a revised site plan and conditions Z123-208(RB)

HONORABLE MAYOR & CITY COUNCIL FILE NUMBER:

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

Z123-208(RB)

DATE FILED: February 19, 2013

LOCATION: South Line of Scyene Road, East of Namur Street COUNCIL DISTRICT: 7

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 176.05

Approx. 26,572 Sq. Ft.

49 Y

APPLICANT/OWNER:

Sai Mithai Bhakta, Inc.

REPRESENTATIVE:

Parvez Malik

REQUEST:

An application for the renewal of Specific Use Permit No. 1835 for the sale of alcoholic beverages in conjunction with a general merchandise store greater than 3,500 square feet on property zoned a CR Community Retail District with a D-1 Liquor Control Overlay.

SUMMARY:

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

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

Z123-208(RB) Guiding Criteria for Recommendation: Staff recommends approval of this renewal based upon: 1. Compatibility with surrounding uses and community facilities – The request is consistent with the established nonresidential land use pattern along Scyene Road and possesses solid screening for that portion of off-street parking with residential adjacency. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – Services provided (motor vehicle fueling and typical general merchandise or food store products) are typical of community serving retail uses. 3. Not a detriment to the public health, safety, or general welfare – The applicant has operated in a responsible manner (one recorded police report and one TABC violation) since the granting of SUP No. 1835. 4. Conforms in all other respects to all applicable zoning regulations and standards – A valid certificate of occupancy exists; no building, health, or safety code violations have been recorded; the operator has complied with Chapter 12B regulations (see Land Use section, below). BACKGROUND INFORMATION: •

The request site is currently developed with a general merchandise or food store greater than 3,500 square feet use and a motor vehicle fueling station.

•

On April 7, 2011, the City Council approved Specific Use Permit No. 1835 for a two-year period, with eligibility for automatic renewals for additional five-year periods. The applicant did not timely apply for the automatic renewal provision.

•

The applicant proposes to continue to sell alcohol for off-premise consumption in conjunction with the general merchandise or food store use.

Zoning History: File No.

Request, Disposition, and Date

1. Z123-165

On April 10, 2013, the City Council approved a Specific Use Permit for the Sale of alcoholic beverages in conjunction with a general merchandise use greater than 3,500 square feet for a two-year period, subject to a site plan and conditions.

Thoroughfare

Existing & Proposed ROW

Z123-208(RB) Scyene Road

Principal Arterial; 100’ & 100’ ROW

Traffic: The Engineering Section of the Sustainable Development and Construction Department has reviewed the requested renewal and amendment to SUP No. 1912 and determined that it will not impact the surrounding street system. Comprehensive Plan: The fowardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The fowardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The Plan identifies the request site as being in the Multi-Modal Corridor Block. Multi-modal corridors should encourage the redevelopment of aging auto-oriented commercial strip development while respecting existing single family neighborhoods. While normally located around DART light-rail or commuter rail stations, these building blocks could also be focused streetcar or enhanced bus corridors such as bus rapid transit. Examples of transit centers include the Mockingbird Station area, the Cityplace Station area and the Westmoreland Station area, and examples of multi-modal corridors include the Lancaster and Ferguson Road corridor. These areas offer dense mixed use at the transit station or multi-modal corridor and then transition to multi-family and single-family housing at the edge. Of all the Building Blocks, this incorporates the greatest range of building structures and land uses, including multi-story residential above retail to townhomes to single-family residences. Transit centers and multi-modal corridors may sometimes be near residential neighborhoods and call for appropriate mitigation requirements. Multi-modal corridors in particular would diminish quickly in scale, density, and intensity away from the corridor, respecting existing single family neighborhoods while maintaining a strong focus on transit orientation and access. Interactive public plazas and/or civic uses will be centrally located and residential roof terraces and balconies overlooking transit station areas add “eyes on the street” that can aid public safety. LAND USE ELEMENT GOAL 1.2

Promote Desired Development

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. Land Use: The site is developed with a 4,194 square foot general merchandise or food store with a fueling island. The applicant is requesting the renewal of SUP No. 1835, which provides for the sale of alcoholic beverages. Properties to the west and east along both sides of Scyene Road are partially developed with various retail uses and a mini-warehouse use (north of the site). Scattered single family uses are developed to the south. The "D-1" Overlay District is a Liquor Control Overlay District which requires an

Z123-208(RB) individual to obtain a Specific Use Permit in order to sell or serve alcoholic beverages, or setups for alcoholic beverages, for consumption on or off the premises. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The general merchandise use is also regulated by Chapter 12B of the Dallas City Code, Convenience Stores. This chapter applies to all convenience stores, which is defined as any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than 10,000 square feet of retail floor space; the term does not include any business that has no retail floor space accessible to the public. The purpose of Chapter 12B is to protect the health, safety, and welfare of the citizens of the city of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. This chapter establishes a registration program for convenience stores and provides requirements relating to: • height markers, • surveillance camera systems, • store visibility, • video recording and storage • safety training programs, and systems, • trespass affidavits. • alarm systems, • drop safes, • security signs, A separate certificate of registration to comply with Chapter 12B is required for each physically separate convenience store. A certificate of registration for a convenience store expires one year after the date of issuance and must be renewed annually. On September 24, 2013, the operator obtained a satisfactory Dallas Police Department Convenience Store Inspection Checklist. While staff is supportive of the continued use permitted by SUP No. 1835, there does exist some concern as to the number of reported offenses as noted below. While it cannot be determined how many of the offenses can be attributed to selling alcoholic beverages for off-premise consumption, it nevertheless leaves staff recommending another initial two-year period while retaining the automatic renewal provision. Parking: The existing general merchandise food store (4,194 sf) requires and provides for 23 off-street parking spaces.

Z123-208(AB) Miscellaneous-Site Plan: During staffâ&#x20AC;&#x2122;s visit to the site, it was determined that a concrete pedestal anchoring a water/air machine is not provided for on the approved site. A the approved site plan should provide for all improvements, the attached site plan captures this structure as well as providing for the required handicapped spaces and markings. CPC ACTION (October 24, 2013) Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1835 for the Sale of alcoholic beverages in conjunction with a general merchandise store greater than 3,500 square feet for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a revised site plan and conditions on property zoned CR Community Retail with a D-1 Liquor Control Overlay on the south line of Scyene Road, east of Namur Street. Maker: Shidid Second: Ridley Result: Carried: 14 to 0 For:

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

Area: For:

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

200 2

Mailed: 10 Against: 0

None

Z123-208(AB)

Reported offense calls requiring police activity Offenses prior to a Specific Use Permit â&#x20AC;&#x201C; April 13, 2009 to April 12, 2011

Offenses received after Specific Use Permit â&#x20AC;&#x201C; April 13, 2011 to April 17, 20

Z123-208(AB) Sai Mithai Bhakta, Inc. Deepesh Shrestha

President/Secretary

Z123-208(AB)

CPC RECOMMENDED AMENDING CONDITIONS FORSPECIFIC USE PERMIT NO. 1835 1. USE: The only use authorized by this specific use permit is the sale of alcoholic beverages for off-premise consumption as part of the operation of a general merchandise or food store greater than 3,500 square feet. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on (two years) [April 13, 2012], but is eligible for automatic renewal for additional five-year periods, pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4. SCREENING: A minimum six-foot-high solid screening fence must be maintained along the southern boundary of the Property, as shown on the attached site plan. Screening must be constructed before issuance of a building permit, alcohol measurement certification, or certificate of occupancy. 5. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 6. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

Z123-208(AB)

Proposed Site Plan

Z123-208(AB)

Existing Site Plan

Z123-208(AB)

ANTOINETTE ST

速

VICINITY MAP

1:4,800

Z123-270

Case no: ----=~::::......:::....:........:_ _

3 __ Date: _ _10/8/201 :....:....___ _

Z123-208(AB)

Retail Mini-warehouse

Retail

Undeveloped Undeveloped

Scattered Single family

Z123-208(AB)

AERIAL MAP 1:2,400

Case no:

Z123-270

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

0 ate: _ _ _ 10_1_ s1_ 2_0..:.. 13::.....__

Z123-208(AB)

CPC RESPONSES

T I

4 0

4 0 4

___J-'-0_ _ Property Owners Notified (15 parcels)

___2_ _ _ ___0:;____ _ _2'_00 _ ' __ 10/24/2013

Z123- 208 CPC

Replies in Favor (6 parcels) Replies in Opposition (0 parcels) Area of Notification Date

1:1 ,200

Z123-208(AB) Page 1 of 1 10/29/2013

Notification List of Property Owners Z123-208 10 Property Owners Notified Owners in Favor

Vote O O

0 Property Owners Opposed

Label # Address

2 Property

Owner

10340

SCYENE RD

DALLAS CARPET DESIGN INC

10336

SCYENE RD

SAI MITHAI BHAKTA INC

2911

SAM HOUSTON RD

MARTINEZ MARTHA J

10310

SCYENE RD

KWICKPICK GROCERY INC

10320

SCYENE RD

GOMEZ JAMIE

2903

SAM HOUSTON RD

BRITT HARRIS TRUSTEE

2907

SAM HOUSTON RD

DELONG CHARLES F ESTATE

10351

SCYENE RD

MILLWEE STEPHEN M

10331

SCYENE RD

SCYENE STORAGE LP

10349

SCYENE RD

QUARTERHORSE CO LTD

Tuesday, October 29, 2013

AGENDA ITEM # 50 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

48 V

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1939 for an Open-enrollment charter school on property zoned an R-7.5(A) Single Family District, on the southeast corner of Military Parkway and Delafield Lane Recommendation of Staff and CPC: Approval for a three-year period with eligibility for automatic renewal for additional five-year periods, subject to a revised site plan, revised traffic management plan and revised conditions Z123-289(RB)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-289(RB)

DATE FILED: May 22, 2013

LOCATION:

Military Parkway and Delafield Lane, Southeast Quadrant

COUNCIL DISTRICT: 4

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 90

Approx. 13.2 Acres

48 V

APPLICANT/OWNER:

Pathway of Life Church-Martin D. Wegman, Sole Owner

REPRESENTATIVE:

Rosa Rosales

REQUEST:

An application for an amendment to Specific Use Permit No. 1939 for an Open-enrollment charter school on property zoned an R-7.5(A) Single Family District.

SUMMARY:

The applicant is proposing to provide for additional classroom areas as well as an increase in projected enrollment.

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

Z123-289(RB) Guiding Criteria for Recommendation: Staff recommends approval of the request, subject to a revised site plan, revised traffic management plan, and revised conditions, based upon: 1. Compatibility with surrounding uses and community facilities – The request represents the continuation of an existing school at this location since January 25, 2012. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – Institutional uses such as the existing school are generally found in close proximity to residential uses. 3. Not a detriment to the public health, safety, or general welfare – The traffic management plan will ensure all unloading/loading activities are conducted onsite. Additionally, periodic updates will be required to the Traffic Management Plan so as to monitor vehicular activity associated with the request. 4. Conforms in all other respects to all applicable zoning regulations and standards – A valid certificate of occupancy exists for the school based on SUP No. 1939’s current requirements. Subject to City Council approval of this request, an amended certificate of occupancy will be required to capture the content of this application. BACKGROUND INFORMATION: •

The western half of the site is developed with a church; the eastern half is undeveloped but partially used for athletic activities.

•

The applicant proposes to expand the scope of the open-enrollment charter school by adding additional classroom areas and increasing enrollment.

•

The revised Traffic Management Plan anticipates a maximum of 400 students, grades one through seven, which represents an increase in enrollment of 250 students-middle school and high school grades.

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

Designation; Existing & Proposed ROW

Military Parkway

Principal Arterial 100’ & 100’ ROW

Delafield Lane

Local; 50’ ROW

Darby Drive

Local; 30’ ROW

Z123-289(RB) Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the applicantâ&#x20AC;&#x2122;s revised traffic management plan in conjunction with the proposed expansion of this use. The plan is acceptable, along with staffâ&#x20AC;&#x2122;s continued (from the initial TMP attached to SUP No. 1939) recommendation for biennial updates. 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. GOAL 1.2 Promote desired development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. Land Use Compatibility: The request site is partially developed (western half) with a church, while the balance is undeveloped, the latter utilized for outside athletic activities. The site is located within an area developed with established single family uses in all directions, however the residential subdivision to the north across Military Parkway is partially developed. PDD No. 827 for an Athletic Complex (Forrester Field) occupies the northwest quadrant of Military Parkway and Delafield Lane The applicant proposes to provide for additional classroom areas as well as increasing enrollment by 250 students, grades eight through twelve. At this time, a new classroom structure has been located along the southern property line without proper zoning (i.e., amending SUP No. 1939). Additionally, future classroom areas are being requested along with a revised traffic management plan to accommodate the anticipated increase in enrollment for the school. The site has significant nonpermeable surface area to accommodate adequate queuing for unloading/loading operations as well as providing for reserved off-street parking spaces in close proximity to the main entrance to facilitate parents who walk their children into and out of the facility. Landscaping: The site possesses landscape materials that are concentrated along the northern and western property line as well as typical foundation planting areas along the

Z123-289(RB) northern and western facades. The undeveloped portion of the site is void of landscaping except for a native tree-line along the southern property line. The above referenced classroom addition will trigger landscape requirements, most assuredly to be addressed with the creation of an artificial lot. CPC ACTION (December 5, 2013) Motion: It was moved to recommend approval of an amendment to Specific Use Permit No. 1939 for an Open-enrollment charter school for a three-year period with eligibility for automatic renewal for additional five-year periods, subject to a revised site plan, revised traffic circulation management plan, and revised conditions on property zoned an R-7.5(A) Single Family District, on the southeast corner of Military Parkway and Delafield Lane. Maker: Culbreath Second: Soto Result: Carried: 13 to 0 For:

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

Area: For:

13 - Soto, Rodgers, Culbreath, Shidid, Hinojosa, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar 0 2 - Anglin, Bagley 0

400 3

Mailed: 105 Against: 2

None

Z123-289(RB) CPC RECOMMENDED AMENDING CONDITIONS FOR SUP NO. 1939 1. USE: The only use authorized by this specific use permit is an open-enrollment charter school. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on (three years) January 25, 2015, but is eligible for automatic renewal for additional five-year periods pursuant to Section51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4.

CLASSROOMS: The maximum number of classrooms is 26 16.

5. HOURS OF OPERATION: The open-enrollment charter school may only operate between 7:30 a.m. and 4:30 p.m. Monday through Friday. 6. INGRESS-EGRESS: Ingress and egress must be provided in the locations shown on the attached site plan. No other ingress or egress is permitted. 7.

OFF-STREET PARKING: A.

Parking must be provided and located as shown on the attached site plan.

B. A minimum of three signs must be posted during the hours of operation indicating that the parking spaces labeled â&#x20AC;&#x153;RSPâ&#x20AC;? on the attached site plan are reserved for the open-enrollment charter school. 8.

TRAFFIC MANAGEMENT PLAN:

A. In general. Operation of the open-enrollment charter school must comply with the attached traffic management plan. B. Queuing. Queuing is only permitted inside the Property. Student drop-off and pick-up are not permitted within city rights-of-way. C.

Traffic study.

i. The Property owner or operator shall prepare a traffic study evaluating the sufficiency of the traffic management plan. The initial traffic study must

Z123-289(RB) be submitted to the director by November 1, 2014. After the initial traffic study, the Property owner or operator shall submit updates of the traffic study to the director by November 1 of each even-numbered year. ii. The traffic study must be in writing, performed by a licensed engineer, based on a minimum of four samples taken on different school days at different drop-off and pick-up times over a two week period, and must contain an analysis of the following: a.

ingress and egress points:

queue lengths:

c. unloading of students:

number and location of personnel assisting with loading and

drop-off and pick-up locations;

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

hours for each grade level: and

circulation.

iii. Within 30 days after submission of a traffic study, the director shall determine if the current traffic management plan is sufficient. a. If the director determines that the current traffic management plan is sufficient, the director shall notify the applicant in writing. b. If the director determines that the current traffic management plan results in traffic hazards or traffic congestion, the director shall require the Property owner to submit an amended traffic management plan. If the Property owner fails to submit an amended traffic management plan within 30 days, the director shall notify the city plan commission. D.

Amendment process.

i. A traffic management plan may be amended using minor plan amendment fee and public hearing process in Section 51Al. 105(k)(3) of Chapter 51A of the Dallas City Code. ii. The city plan commission shall authorize changes in a traffic management plan if the proposed amendments improve queuing or traffic circulation; eliminate traffic hazards; or decrease traffic congestion. 9. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance.

Z123-289(RB)

10. 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.

Z123-289(RB) Traffic Management Plan and Queuing Analysis Legacy Preparatory Academy Z123-289 8510 Military Parkway, Dallas, TX August 26, 2013 Organization and Schedule: The Legacy Preparatory Academy is a public charter school located at the Pathway of Life Church on the southeast comer of Military Parkway and Delafield Lane. The current school has approximately 400 students in grades K-7. The school proposes an expansion to allow up to 650 students in grades K-12, as follows:

Grade Kindergarten

Existing Classes 2

Proposed Classes

Existing Students 50

Proposed Students

Drop-Off Time 7:30-8:00 AM

Dismissal

3:00PM

rwi.! ___ -

.lllll~

3:00PM

151 Grade

7:30-8:00 AM

znd Grade

7:30-8:00 AM

3:00PM

3rd Grade

7:30-8:00 AM

3:00PM

4th Grade

7:30-8:00 AM

3:30PM

5th Grade

so so

7:30-8:00 AM

3:30PM

6th Grade

7:30-8:00 AM

3:30PM

7th Grade

7:30-8:00 AM

3:30PM

8th Grade

7:30-8:00 AM

3:30PM

9th Grade

7:30-8:00 AM

3:30PM

10th Grade

7:30-8:00 AM

3:30PM

11th Grade

7:30-8:00 AM

3:30PM

121h

7:30-8:00 AM

3:30PM

Grade

Total

400

250

Morning drop-off is from 7:30-8:00 AM for all students. Afternoon pick-up is divided into two groups, with grades K-3 being picked up at 3:00 PM and the remaining students at 3:30 PM. The pick-up time periods and grade assignments can be modified as long as pick-ups are divided into at least two groups that are separated by at least 15 minutes.

TMP Operation: The TMP operates with the same vehicle routes in both morning drop-off and afternoon pick-up time periods. Students for grades K-3 are dropped off and picked up at the main entrance. Vehicles for K-3 enter from the center driveway from Delafield Lane, proceed to the main entrance loading area, and then depart to the north or through the northern driveway to Delafield Lane. Students for grades 4-12 are dropped off and picked up at the gymnasium entrance. Vehicles for grades 4-12 enter from the southern driveway from Delafield Lane, loop around the parking lot to the gymnasium loading area, and then depart through the southern driveway.

Legacy Preparatory Academy TMP

Page 1

Z123-289(RB) At both locations loading is performed on the passenger side, and no students have to cross vehicle paths. When students are using the temporary buildings on the south edge of the campus, the classes cross the parking lot as a group after the drop-off period has ended, or before the pick-up period begins. During pick-up, the traffic administrator posted in advance of the loading stations matches students to arriving vehicles for efficient loading. When the vehic1es have come to a stop at the loading station, the students are loaded into the vehicles with the assistance of the staff member at each loading station. The queue using the specified path would provide a total of 400' of available queuing length for the K-3 loading area and 1,120' for the grade 4-12 loading area.

Queuing Analysis: For new schools without a performance record, KHA typically uses a design standard for projecting queue demands at similar sites, which is based on observations of queuing at other public charter schools in the DFW area. In the typical case, expected maximum queue in vehicles is equal to 20% of the largest number of students dismissed at one time. Students using buses or walking/biking are deducted from the student number since they do not attract personal vehicles to the campus. This method accounts for the differences in how schools divide up the pick-up time period, as some dismiss all students in one group and therefore have higher vehicle demands in a short time period, while some spread out the dismissals over two or more groups. However, observations in August 2013 at the current Legacy Preparatory Academy show that the maximum vehicle queue is less than 10% of the dismissed students. This appears to be due to parents taking advantage of the large number of available parking spaces to park their vehicles, rather than stand in the designated queue prior to the dismissal time. After the dismissal time, the loading operation functions smoothly and the queue and parking areas are quickly cleared. Vehicles arriving for pick-up after the dismissal time are easily accommodated within the queuing path. At no time during the arrival and departure periods did the queues approach the boundary of the campus, although there was some delays entering and exiting due to intersection operations on Delafield Lane. The Legacy Preparatory Academy will use two pick-up groups, with dismissals at least 15 minutes apart. The largest group, grades 4-12, has 450 students in it (18 classes of 25 each). There is no busing planned for the campus, and for a conservative analysis no students are expected to be pedestrians or bicyclists, so all 450 students are assumed to be picked up by personal automobile. Therefore, using a 10% queuing factor, the projected queue length is: (450 students dismissed - 0 Students using buses)

* 0.10 = 45 vehicles in queue

The projected queue of 45 vehicles translates to 900' of queuing distance. Even using a 10% queuing factor rather than the usual 20%, this distance is in excess of the recommended values for equivalent Texas schools found in the Texas Transportation Institute (TTI) research report 0-4286 Operations and Safety Around Schools published in January 2004. The more conservative (longer queues) KHA method reflects the nature of charter schools which draw from a large area and tend to have fewer students arriving by bus, pedestrian, or bicycle than traditional public schools. The projected maximum Grades 4-12 queue demand of 900' can easily be accommodated within the 1,120' of distance available in the TMP, with approximately 220' of queuing distance available in excess of the demand.

Page2

Legacy Preparatory Academy TMP

Z123-289(RB) Projected 4-12 Queue Demand: Available 4-12 Queuing Distance: Surplus (Deficiency):

900' 1,120' 220'

45 Vehicles 56 Vehicles 11 Vehicles

The same procedure used for the Grades K-3 loading area with 200 students shows a projected queue of 20 vehicles, or 400'of queuing distance. This queue can be accommodated within the 400' of distance available in theTMP. Projected K-3 Queue Demand: Available K-3 Queuing Distance: Surplus (Deficiency):

400' 400'

20 Vehicles 20 Vehicles 0 Vehicles.

Parking: The site contains a total of 263 parking spaces. The school use, with 14 elementary classrooms at 1.5 spaces each, 8 middle/junior high school classrooms at 3.5 spaces each, and 4 senior high school classrooms at 9.5 spaces each, requires 44 parking spaces per Dallas City Code ยง5lA-4.202(17)(C). A grou of 64 spaces adjacent to the loading areas has been designated as parking reserved for school uses and is marked on the TMP. Since the church is not active during the school loading periods, essentially all of the 263 parking spaces are available for use.

Summary: This TMP defines the drop-off and pick-up procedures for the Legacy Preparatory Academy charter school with a maximum of 650 students. The TMP vehicie routes provide an avaiiabie queue distance within the site that is greater than the projected maximum expected queue for the school's operations. The school traffic will never be allowed to queue vehicles in the ROW of any City street or alley, nor will the traffic on any City street be stopped or diverted. The property owner/school administrator is responsible for the administration of the 1MP and ensuring that the vehicle queue does not affect the City streets. Only uniformed police officers are be allowed to direct and control traffic operating within the public right-of-way. Based on the vehicle queuing analysis conducted and the resulting Traffic Management Plan, I, Scot A. Johnson, P.E. #92615, certify that the results indicate that no queuing of vehicles dropping off or picking up students at 8510 Military Parkway will extend onto City of Dallas rights-of-way as a result of internal queuing constraints.

In order to ensure that all queuing of vehicles is completely accommodated on school property, the school administrative officials should implement the proposed Traffic Management Plan, monitor the operation on a continuing basis, and if any vehicle queuing should begin to occur on public right-of-way, take the necessary action to mitigate it.

Prepared by: Kimiey-Horn and Associates, Inc. Scot A. Johnson, P.E., PTOE 12750 Merit Drive, Suite 1000 Dallas, TX 75251 (972) 770-1300 Legacy Preparatory Academy TMP

Page3

Z123-289(RB)

Proposed TMP Circulation Plan

Z123-289(RB)

Proposed Site Plan

Z123-289(RB)

路-路路:-'"路

~I ..

. f. .i

Existing Site Plan

Z123-289(RB) HOYLE AVE

ELSON DR

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15 :'.5 Cl ~CIVILST u:l <{ tr

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SCYENE RD

ex: ex: UJ

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ex:

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VICINITY MAP

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l;2

Z123-289

Case no: -~~~=-=--Date:

1:7,200

> ex:

6/19/2013

Z123-289(RB)

Athletic Complex

Scattered Single family

(DISD-Forrester Field)

Single family Single family

Single family

CPC RESPONSES

Z123-289(RB)

69 4

3 12

6 6 6

70 71 72 73 74 75 44

0::

c 0

8 z

r _ÂąBOISE OR

_J ___1_0_'5_ _ Property Owners Notified (133 parcels)

Z123-289 CPC

_ _ _3___ Replies in Favor (3 parcels) _ _ _2___ Replies in Opposition (2 parcels) _ _...:..400.:....:...._ ' _ _ Area of Notification 12/5/2013 Date

1:3,600

Z123-289(RB) Page 1 of 4 12/12/2013

Notification List of Property Owners Z123-289 105 Property Owners Notified Owners in Favor

Vote O

2 Property Owners Opposed

Label # Address

3 Property

Owner

8510

MILITARY PKWY

PATHWAY OF LIFE FULL

8300

MILITARY PKWY

TEXAS UTILITIES ELEC CO

8400

MILITARY PKWY

TEXAS UTILITIES ELEC CO

8233

MILITARY PKWY

Dallas ISD

3411

INDIANOLA ST

MALDONADO MARIA M

3419

INDIANOLA ST

RAZO OBDULIA

3505

INDIANOLA ST

PADILLA MIGUEL

3511

INDIANOLA ST

VILLARREAL REBECCA

3515

INDIANOLA ST

BUENO BERNARDO & MARIA

3521

INDIANOLA ST

PECINA MARIVEL

3527

INDIANOLA ST

COX DEBRA

3533

INDIANOLA ST

HERRERA LEONEL &

3314

INDIANOLA ST

STONECREST INCOME & OPPORTUNITY

3315

DELAFIELD LN

LIDDELL CAREY A

3311

DELAFIELD LN

PROTON PPTIES LLC

3404

INDIANOLA ST

SANCHEZ MELCHOR & MARIA T

3410

INDIANOLA ST

SANCHEZ MELCHOR &

3414

INDIANOLA ST

SANCHEZ MELCHOR

3420

INDIANOLA ST

CAIN PATSY

3504

INDIANOLA ST

DELO DAVID

3510

INDIANOLA ST

MORRIS MILDRED

3514

INDIANOLA ST

GOSSELIN PETER &

3520

INDIANOLA ST

NORTH BUCKNER PLAZA INC

3526

INDIANOLA ST

MARTINEZ SARA

3530

INDIANOLA ST

CALVO HILARIO

Thursday, December 12, 2013

Z123-289(RB) Vote

Label # Address

Owner

3534

INDIANOLA ST

BUENO BERNARDO &

3535

DELAFIELD LN

CAZARES AGUSTIN &

3531

DELAFIELD LN

CAZARES MIGUEL G & SANTA

3527

DELAFIELD LN

MIRELES VICTOR JAVIER &

3521

DELAFIELD LN

CAZARES AGUSTIN &

3515

DELAFIELD LN

CAZARES MIGUEL G & SANTA

3511

DELAFIELD LN

BRIGDON ROBERT ALAN TR

3505

DELAFIELD LN

LUCIO JESUS MARTIN & JOSEFA LOPEZ

3421

DELAFIELD LN

BRAVO JORGE M &

3415

DELAFIELD LN

CEDILLO PHYLLIS G

3411

DELAFIELD LN

JEFFREY JARED

3405

DELAFIELD LN

REYES JOEL JR & SYLVIA

8517

SCYENE RD

EAST SIDE CHURCH OF GOD

3308

DELAFIELD LN

VELAZQUEZ JAVIER MENDOZA

3312

DELAFIELD LN

RUIZ RAUL

3402

DELAFIELD LN

VALDEZ JOSE L

3406

DELAFIELD LN

GUZMAN CECILIO

3410

DELAFIELD LN

RICHARDSON BRIAN P SR

3416

DELAFIELD LN

HERNANDEZ DAVID C

3411

MINOCO DR

SHAWVER CHARLES A

3405

MINOCO DR

MARTINEZ RICARDO

3317

MINOCO DR

REED LARRY MARK

3311

MINOCO DR

OLIVER MICHAEL TIM &

3305

MINOCO DR

MORENO BEAR E &

3412

MINOCO DR

ENGLISH LARRY

3404

MINOCO DR

GONZALEZ IVAN &

3316

MINOCO DR

SANCHEZ RODRIGO

3310

MINOCO DR

SANCHEZ BALTAZAR &

3304

MINOCO DR

FITE CAROLYN SUE

3411

DARBY DR

TELLO TOMMIE

3405

DARBY DR

WRIGHT EDWINA

Thursday, December 12, 2013

Z123-289(RB) Vote

Label # Address

Owner

3317

DARBY DR

HERRERA ANGEL MARIO

3311

DARBY DR

PIEDRA JORGE H &

3305

DARBY DR

MUNOZ JAIME

3412

DARBY DR

LOONEY MARY MARIE

3404

DARBY DR

HUTCHINS AUBREY

3316

DARBY DR

HERNANDEZ ROLANDO

3310

DARBY DR

SERNA SALLY SUE

3304

DARBY DR

GIPSON KENNETH

3411

ETTA DR

HURTADO JOSE N

3405

ETTA DR

BARTON LARRY W

3317

ETTA DR

CRUZ RAMONA

3311

ETTA DR

NEGRETE HUMBERTO &

8901

MILITARY PKWY

RIVERA FAUSTO

8602

MOUNTAIN BLUFF LN

RIVERA RAFAEL

8606

MOUNTAIN BLUFF LN

HUD

8610

MOUNTAIN BLUFF LN

WILLIAMS LAMENSIA

8614

MOUNTAIN BLUFF LN

MARTINEZ JUAN & NORMA

8618

MOUNTAIN BLUFF LN

MARTINEZ JUAN C

8622

MOUNTAIN BLUFF LN

BEASLEY DOROTHY

8603

MOUNTAIN BLUFF LN

HENRY RITA R

8607

MOUNTAIN BLUFF LN

LATT MAY DA

8611

MOUNTAIN BLUFF LN

MENDEZ GEORGE A

3511

SCENIC BLUFF CIR

OCHOA MANUELA

3515

SCENIC BLUFF CIR

MENDEZ VERONICA & RAUL

3519

SCENIC BLUFF CIR

GUTIERREZ CRUZ CARLOS E &

3523

SCENIC BLUFF CIR

CRUZ JOSE & NORMA

3702

ETTA DR

PRAIRIE CREEK DALLAS HOA

3518

SCENIC BLUFF CIR

FRANKLIN COMMANECHE L

3514

SCENIC BLUFF CIR

MUNOZ MATIAS & MARIA

3510

SCENIC BLUFF CIR

CONRICOTE MARIN & DENISE

8619

MOUNTAIN BLUFF LN

QUINTANA CARLOS E &

8623

MOUNTAIN BLUFF LN

RAMIREZ FRANCISCO & MARIA

Thursday, December 12, 2013

Z123-289(RB) Vote X

Label # Address

Owner

8627

MOUNTAIN BLUFF LN

THOMAS SHANNON B &

8647

CEDAR POST CT

BUILDERS OF HOPE LLC

3606

DARBY DR

SERRANO PROPERTIES

8602

CEDAR POST CT

BUILDERS OF HOPE CDC

8651

CEDAR POST CT

SYSAVATH KIM

8635

CEDAR POST CT

ZELAYA ALEJANDRO A &

8631

CEDAR POST CT

BUILDER OF HOPE CDC

8627

CEDAR POST CT

VALDEZ NICOLAS R

8619

CEDAR POST CT

KOFI OMAI

8615

CEDAR POST CT

DUNAGAN JAMES A &

8610

CEDAR POST CT

BENNETT BURT

100

8614

CEDAR POST CT

REDMON MARY E

101

8618

CEDAR POST CT

RAMIREZ ISMAEL R &

102

8622

CEDAR POST CT

MCCULLEY MELISSA

103

8626

CEDAR POST CT

LOPEZ EXTOR E

104

8630

CEDAR POST CT

RAMOS MARIA LEONILA

105

8634

CEDAR POST CT

RAMIREZ ALFONSO R & MARIA C

Thursday, December 12, 2013

AGENDA ITEM # 51 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

2, 14

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

46 C

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District on property zoned a CR Community Retail District and a D(A) Duplex District with H/128 Historic Overlay District No. 128 (Junius Heights) southeast of Columbia Avenue and northwest of Alton Avenue Recommendation of Staff and CPC: Approval, subject to a development plan and conditions Z123-335(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa O’Donnell

FILE NUMBER:

Z123-335(MW)

DATE FILED: July 17, 2103

LOCATION:

Southeast of Columbia Avenue and northwest of Alton Avenue

COUNCIL DISTRICT: 2 and 14

MAPSCO: 46-C

SIZE OF REQUEST: ±0.856 acres

CENSUS TRACT: 13.01

REPRESENTATIVE:

Masterplan, Santos Martinez

APPLICANT/OWNER:

Robert Fragosa Guadalupe Moreno

REQUEST:

An application for a Planned Development District on property zoned a CR Community Retail District and a D(A) Duplex District with H/128 Historic Overlay District No. 128 (Junius Heights)

SUMMARY:

The applicant proposes to utilize the existing church and school buildings, which are currently vacant, as a bed and breakfast (lodging) use limited to 15 guest rooms. The lot located on the southeast corner of South Beacon Street and East Side will be improved with surface parking to serve the main use. The applicant does not propose to amend the historic preservation criteria.

CPC RECOMMENDATION:

Approval, subject to a development plan and conditions.

STAFF RECOMMENDATION:

Approval, subject to a development plan and conditions.

Z123-335

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property –The adaptive reuse of existing buildings as a bed and breakfast use limited to 15 guest rooms is not anticipated to negatively impact the performance of surrounding properties. 2. Traffic impact – Staff has reviewed the request and has determined that it will not significantly impact the surrounding roadway system. 3. Comprehensive Plan or Area Plan Conformance – The request complies with the Comprehensive Plan. 4. Justification for PD Planned Development District Zoning as opposed to a straight zoning district – The applicant proposes a planned development district to define the bed and breakfast use, to encourage the reuse of the existing buildings, and to accommodate parking. The applicant proposes an alternate landscape plan for surface parking which complies with Article X with the exception of street trees and design standards. BACKGROUND INFORMATION: •

The ±0.856-acre request site is developed with a ±14,929-square foot church building, constructed in 1906, a ±8,097-square foot school building, constructed in 1950, and a ±480-square foot house, constructed in built in 1926. All structures are currently vacant.

•

The ±480-square foot house will be demolished and the lot will be improved with surface parking. This portion of the site is not within the Junius Heights Historic District.

Zoning History: 1. Z112-253: On November 14, 2012, the City Council approved an amendment to and expansion of Specific Use Permit No. 351 for a day care center, nursing home, residence home for the aging, child caring institution, health center, and community center on property zoned an MF-2(A) Multifamily District and a D(A) Duplex District subject to subject to a site plan and conditions.

Z123-335 Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Beacon Street

Collector

50 feet

Columbia Avenue

Minor arterial

100 feet

East Side Avenue

Local

50 feet

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

Land Use

North

MF-2(A)

Right-of-way

East

D(A)

Single family

South

D(A)

Single family

West

D(A); CR

Single family; retail

Z123-335 In general, the applicant’s proposal is consistent with the following goals and policies of the Comprehensive Plan. LAND USE ELEMENT Goal 1.1:

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

ECONOMIC ELEMENT GOAL 2.1

PROMOTE BALANCED GROWTH Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions.

GOAL 2.2

ENGAGE IN STRATEGIC ECONOMIC DEVELOPMENT Policy 2.2.2 Maximize development opportunities around DART stations.

URBAN DESIGN GOAL 5.1

PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY Policy 5.1.3 Encourage complementary building height, scale, design and character.

GOAL 5.2

STRENGTHEN COMMUNITY AND NEIGHBORHOOD IDENTITY Policy 5.2.1 Maintain neighborhood scale and character. Policy 5.2.2 Promote the character of the city’s significant districts, linkages and areas.

Land Use Compatibility: The applicant proposes to utilize the existing church and school buildings, which are currently vacant, as a bed and breakfast (lodging) use. The lot located on the southeast corner of South Beacon Street and East Side will be improved with surface parking to serve the main use. A 10-foot residential adjacency buffer will be provided to ensure compatibility of the proposed surface parking and the existing single family homes. The applicant does not propose to amend the historic preservation criteria.

Z123-335 Parking: (a) 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. (b) Required parking for a bed and breakfast use is one parking space for every guest room. (c) For purposes of calculating the requirements, the Property is considered one lot.

off-street

parking

and

(d) Parking spaces located along Beacon Street, in the locations shown on the development/landscape plan (Exhibit ___ A), may be counted towards the parking requirements for uses located in Subdistricts 1 or 2. (e)

Required parking is permitted within a required front yard.

Based on the proposed parking ratio, a bed and breakfast use, which by definition may not exceed fifteen rooms, requires 15 parking spaces. As depicted on the development/landscape plan, 29 spaces can be accommodated on the request site. The applicant proposes 36-foot visibility triangle at the intersections of Beacon Street and East Side Avenue and Beacon Street and Alton Avenue in lieu of the required 45foot visibility triangle. The Engineering Section of the Building Inspection Division of the Department of Sustainable Construction and Development has reviewed the request and does not object. Landscaping: As proposed, landscaping for surface parking in Subdistrict 3 must be provided in accordance with the development/landscape plan. The applicant requests City Council approval of an alternative landscape plan, which meets Article X with the exception of street trees and design standards. Staff supports the request. For all other uses, landscaping must comply with Article X. No new development is proposed; therefore, Article X requirements will not be triggered in Subdistricts 1 and 2.

Z123-335 CPC – December 19, 2014 Z123-335(MW)

Planner: Megan Wimer

Motion: It was moved to recommend approval of a Planned Development District, subject to a development plan and conditions to include the following: 1) In Subdistrict 1, the only permitted residential use is multifamily. Recycling collection center and child care facility will be removed from the list of permitted uses, 2) In Subdistricts 2 and 3, the child care facility use will be prohibited, 3) In Subdistrict 3, add a provision that restricts lighting to a maximum height of four feet, and 4) Amend the bed and breakfast definition to add “food and beverage service must be for registered guests only” on property zoned a CR Community Retail District and a D(A) Duplex District with H/128 Historic Overlay District No. 128 (Junius Heights), northeast of South Beacon Street, southeast of Columbia Avenue and northwest of Alton Avenue. Maker: Second: Result:

Ridley Soto Carried: 14 to 0

For:

14 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar Against: 0 Absent: 1 - Culbreath Vacancy: 0 Notices: Replies:

Area: 500 For: 8

Mailed:

144 Against:

Speakers:

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

Z123-335 Z123-335 CPC Recommended Conditions

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 located on the northeast and southeast corners of South Beacon Street and East Side Avenue. The size of PD is approximately 0.856 acres. SEC. 51P-

.103.

DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this article: (1) BED AND BREAKFAST means a lodging facility containing fifteen or fewer guest rooms and one kitchen. This use may not have kitchens in the guest rooms. Amenities such as maids, laundry, concierge, meeting rooms, exercise rooms, pool, and business services (fax, internet, voicemail, courier, etc.) and food and beverage service may only be provided to registered guests. (2) ORIGINAL STRUCTURE means a building that was constructed on the property prior to January 1, 2000. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) SEC. 51P-

This district is considered to be a residential zoning district. .104.

EXHIBIT.

The following exhibit is incorporated into this article: Exhibit ___ A, development/ and landscape plan. SEC. 51P-

.105.

DEVELOPMENT/LANDSCAPE PLAN.

Development and use of the Property must comply with the development/landscape plan (Exhibit ___ A). If there is a conflict between the text of this Article and the development/landscape plan, the text of this Article controls.

Z123-335 SEC. 51P(a)

.106.

MAIN USES PERMITTED.

Subdistrict 1

The following uses are the only main uses permitted and must be located within an original structure. (1)

Agricultural uses. --

(2)

Commercial and business service uses. ---

(3)

Crop Production

Catering Service Custom Business services

Institutional and community service uses. -----

Adult day care facility Church Convent or monastery Library, art gallery, or museum

(4)

Lodging uses. -Bed and breakfast

(5)

Miscellaneous uses --

(6)

Office uses --

(7)

Office

Recreation uses --

(8)

Temporary construction or sales office

Public park, playground, or golf course

Residential uses --

Multifamily

Z123-335 (9)

Retail and personal service uses ----

(10)

Transportation uses --

(11)

General merchandise or food store 3,500 square feet or less Nursery, garden shop, or plant sales Personal service uses.

Transit passenger shelter

Wholesale, distribution, and storage uses

-Recycling drop-off container. [See Section 51A-4.213(11.2).] -Recycling drop-off for special occasion collection. [See Section 51A-4.213(11.3).] (b)

Subdistrict 2

(1) The only main uses permitted are those main uses permitted in the Duplex (A) District, subject to the same conditions applicable in the Duplex (A) District, as set out in the Dallas Development Code, as amended. For example, a use permitted in the Duplex (A) District only by specific use permit (SUP) is permitted in this district only by SUP; a use subject to development impact review (DIR) in the Duplex (A) District is subject to DIR in this district; etc. The following main use is also permitted: Lodging uses. -(2)

Bed and breakfast

The following main use is prohibited: Institutional and community service uses. --

(3 (c)

Childcare facility

All uses must be located within an original structure.

Subdistrict 3

(1) The only main uses permitted in this district are those main uses permitted in the Duplex (A) District, subject to the same conditions applicable in the Duplex (A) District, as set out in the Dallas Development Code, as amended. For example, a use permitted in the Duplex (A) District only by specific use permit (SUP) is permitted in this district only by SUP; a use subject to development impact review (DIR) in the Duplex (A) District is subject to DIR in this district; etc. The following main use is prohibited: 9

Z123-335

Institutional and community service uses. --

Childcare facility

(2) Surface parking is permitted only as an accessory use to a main use located in Subdistrict 1 or Subdistrict 2 and may not be used as special parking under the provisions of Section 51A-4.324 by any use outside of this district. SEC. 51P-

.107.

ACCESSORY USES.

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

.108.

YARD, LOT, AND SPACE REGULATIONS.

(Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. If there is a conflict between this section and Division 51A-4.400, this section controls.) (a) The yard, lot, and space regulations for the CR Community Retail District apply to Subdistrict 1. (b) Except as provided in this section, the yard, lot, and space regulations for the D(A) Duplex District apply to Subdistrict 2 and Subdistrict 3. (1) A six-foot open wrought iron fence is permitted within a required front yard in the location shown on the development/landscape plan (Exhibit ___ A). SEC. 51P-

.109.

OFF STREET PARKING AND LOADING

(a) 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. (b) Required parking for a bed and breakfast use is one parking space for every guest room. (c) For purposes of calculating the requirements, the Property is considered one lot.

off-street

parking

and

Z123-335

(e) SEC. 51P-

Required parking is permitted within a required front yard. .110.

ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI. SEC. 51P-

.111.

LANDSCAPING

(a) Landscaping for surface parking must be provided in accordance with the development/landscape plan (Exhibit ___ A). (b) For all other uses, landscaping must comply with Article X. SEC. 51P-

.112.

SIGNS.

Signs must comply with the provisions for non-business zoning districts in Article VII. SEC. 51P-

.113.

ADDITIONAL PROVISIONS.

(a) In Subdistrict 3, a thirty-six-foot visibility triangle is permitted at the intersection of Beacon Street and East Side Avenue and Beacon Street and Alton Avenue, as shown on the development/landscape plan (Exhibit ___ A). (b)

In Subdistrict 3, lighting is limited to a maximum height of four feet.

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

.114.

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 director of public works and transportation. (b) The building official shall not issue a building permit to authorize work. or a certificate of occupancy to authorize the operation of a use in this Planned Development District until there has been full compliance for that use with this article.

Z123-335 Proposed Development Plan:

Z123-335

速

VICINITY MAP

1:6,000 13

Z1_2_3 -_3 3_5_

Case no: _ _

Date: _12/3/201 _ _3__

Z123-335

Day care, nursing home, residence home for the aging, child caring institution, health center, and community center

ROW Single family Retail

Single family

Z123-335

Z123-335 Page 1 of 5 12/19/2013

Notification List of Property Owners Z123-335 144 Property Owners Notified

Vote

5 Property Owners Opposed

Label # Address

8 Property Owners in Favor

Owner

5606

COLUMBIA AVE

LONG CHRISTOPHER

210

BEACON ST

MORENO GUADALUPE SANCHEZ

100

BEACON ST

FRAGOSO ROBERT & SHEA

5602

REIGER AVE

BEALE PETER D &

5604

REIGER AVE

GARCIA JADD W

5610

REIGER AVE

HAYNES JACOB & LAURA

5612

REIGER AVE

WILLIAMS WILLIAM E & MARSUE

5616

REIGER AVE

BATTERSON JIM &

112

BEACON ST

ALARCON MARIE E

5510

REIGER AVE

REIGER WORLD LLC

5526

REIGER AVE

LA FINA JOINT VENTURE

111

BEACON ST

ALLEGRO MANAGEMENT TRUST

5527

COLUMBIA AVE

MARTINEZ JOSE J JR &

5523

COLUMBIA AVE

MM WHITETAIL PPTIES LP

5521

COLUMBIA AVE

NORTHERN DATA RESOURCES

5517

COLUMBIA AVE

CENTRAL DALLAS COMMUNITY

5511

COLUMBIA AVE

ANSATA PPTIES LLC

5501

COLUMBIA AVE

FIREHOUSE GALLERY INC

5700

COLUMBIA AVE

JULIETTE FOWLER REALITY

5644

COLUMBIA AVE

COMMUNITY ON COLUMBIA

5640

COLUMBIA AVE

RUTLEDGE JOHN M &

5636

COLUMBIA AVE

CARSON ANN W

5632

COLUMBIA AVE

BUCKNER GARY R

Thursday, December 19, 2013

Z123-335 Vote

Label # Address 24

5630

Owner COLUMBIA AVE

COTTINGHAM ROBERT & DANA

5624

COLUMBIA AVE

NOPARAT VICTOR V

5620

COLUMBIA AVE

MARTIN ANGELA & KEVIN

5616

COLUMBIA AVE

BROOKS THOMAS M &

5611

EAST SIDE AVE

LUNA BLUE LLC

5613

EAST SIDE AVE

WALLER JACK F

5619

EAST SIDE AVE

RAMOS LONNY G

5621

EAST SIDE AVE

SMITH TODD R &

5627

EAST SIDE AVE

MORENO RAFAEL

5631

EAST SIDE AVE

OROZCO JUANITA L

5635

EAST SIDE AVE

ELLIS REX

5639

EAST SIDE AVE

SCHWEITZER CARRIE

5643

EAST SIDE AVE

JOHNSTON BERNARD M & SHANON A

5649

EAST SIDE AVE

LORCY ANN

5651

EAST SIDE AVE

HOUSEWRIGHT EDWIN W

5506

COLUMBIA AVE

ALLEGRO ROBERT M

5502

COLUMBIA AVE

NAVARRETE GERARDO &

5504

COLUMBIA AVE

ALLEGRO JANIS

5527

EAST SIDE AVE

HERNANDEZ ZENAIDA &

5523

EAST SIDE AVE

WILLIAMS STUART L &

5519

EAST SIDE AVE

ARFSTEN CASEY L

5521

EAST SIDE AVE

BARRETT MARIE BRIDGET

5517

EAST SIDE AVE

HINES HAL DEAN

5513

EAST SIDE AVE

GAITAN HECTOR M &

5509

EAST SIDE AVE

SEEDS DEIDRE E

5505

EAST SIDE AVE

WILLIAMS JOHN

5503

EAST SIDE AVE

GRANT WILLIAM

304

BEACON ST

WILLOW PARTNERS LP

5643

SANTA FE AVE

RANGEL MARTIN & CARMELA

302

BEACON ST

GUTIERREZ CONSUELO

Thursday, December 19, 2013

Z123-335 Vote

Label # Address

Owner

5609

SANTA FE AVE

AHMED JAMAL

5623

SANTA FE AVE

GUERRA NATALIA

5623

SANTA FE AVE

RIOJAS GUADALUPE

5633

SANTA FE AVE

WATSON MICHAEL

5631

SANTA FE AVE

RAMOS ROGELIO & LINDA KAY

5644

EAST SIDE AVE

ELLIOTT MARTHA FLEMING

5640

EAST SIDE AVE

KALICH PAUL G

5636

EAST SIDE AVE

KALICH PAUL

5632

EAST SIDE AVE

DELBOSQUE RICRADO

5628

EAST SIDE AVE

DELBOSQUE RICARDO &

5624

EAST SIDE AVE

MUNIZ JACQUELINE &

5620

EAST SIDE AVE

BUCKMAN CAPITAL LLC

5616

EAST SIDE AVE

DELAURENTI MARY

5612

EAST SIDE AVE

BAXAVANIS NICHOLAS &

5610

EAST SIDE AVE

CHEN WENDY WAN LING

5606

EAST SIDE AVE

RODRIGUEZ LUIS C

212

BEACON ST

GUZMAN LESLY M

216

BEACON ST

RIVERA JESUS

5613

ALTON AVE

AVILES GRACIELA S

5611

ALTON AVE

BARRON RAY M

5615

ALTON AVE

GALINDO FRANCISCO L &

5617

ALTON AVE

REYES JOSIE S

5621

ALTON AVE

HENLEY HUDSON

5619

ALTON AVE

GARCIA DANIEL &

5623

ALTON AVE

ACEVES INEZ M

5627

ALTON AVE

MORALES ARMANDO &

X O

MARIA 80

5629

ALTON AVE

RUIZ CANDELARIO &

5631

ALTON AVE

RUIZ CANDELARIO &

5633

ALTON AVE

SANCHEZ JOEL

Thursday, December 19, 2013

Z123-335 Vote

Label # Address 83

5635

Owner ALTON AVE

ALCARAZ REFUGIO & MARCELA I

5637

ALTON AVE

MARTINEZ GREGORIO

5639

ALTON AVE

LIFENET COMMUNITY

5502

EAST SIDE AVE

DIVOT LP

5504

EAST SIDE AVE

LOPEZ JUVENAL & MARIA E

5510

EAST SIDE AVE

NAVARRO GERARDO & NORMA

5514

EAST SIDE AVE

SPETHMAN JUANITA

5516

EAST SIDE AVE

FERRARIS LISA COLLEEN

5518

EAST SIDE AVE

SANTANA JESUS R JR

5522

EAST SIDE AVE

RIVAS DANIEL

5528

EAST SIDE AVE

FLORES MANUELA

5532

EAST SIDE AVE

LAWSON KELLY TRUSTEE

5529

ALTON AVE

MUNIZ LEONARDO & MARIA T

5525

ALTON AVE

BAU 1 LTD

5521

ALTON AVE

NGUYEN THAO THI THU

5517

ALTON AVE

CECIL RANDY EUGENE

5515

ALTON AVE

CHEEVER MICHAEL A

100

5509

ALTON AVE

KELLY ASHTON R ESTATE OF

101

5505

ALTON AVE

SANCHEZ JOSE A

102

5501

ALTON AVE

MARTINEZ JESUS RAMON &

103

5500

ALTON AVE

GAYTAN FELIPE

104

5506

ALTON AVE

ENRIQUE MARTIN &

105

5508

ALTON AVE

CERRILLIO JUAN

106

5512

ALTON AVE

CROOK ROBERT RUSSELL

107

5516

ALTON AVE

REVILLA LUIS J & MARIA C

108

5522

ALTON AVE

DELGADO PEDRO &

109

5530

ALTON AVE

SECKER BETTY ANN

110

5536

ALTON AVE

HERRERA MANUEL & MARIA

111

5532

ALTON AVE

SECKER FRED # 1 LTD

Thursday, December 19, 2013

Z123-335 Vote

Label # Address 112

5629

Owner REIGER AVE

DEUTSCHE BANK NATIONAL TR

113

5623

REIGER AVE

CAIN KELLENE NELL

114

5619

REIGER AVE

MOORE DAVID F

115

5617

REIGER AVE

GRADISAR CHRISTOPHER C

116

5609

REIGER AVE

HOWELL ROY PATTON III

117

5607

REIGER AVE

DUNNAWAY ROBERT LF EST &

118

5605

REIGER AVE

SUAREZ JOSE J & MARTHA S

119

5603

REIGER AVE

TRAUTH CARL

120

5537

REIGER AVE

WALKER ELIZABETH B

121

5533

REIGER AVE

NGUYEN THANH

122

5529

REIGER AVE

MOFFA R LENORA &

123

404

GRAHAM AVE

DALLAS BIBLE BAPT CH

124

5510

SANTA FE AVE

ENSERCH CORP

125

406

BEACON ST

RAMIREZ BLANCA ESTELA S &

126

5610

SANTA FE AVE

MAIN STREET CHURCH OF

127

402

BEACON ST

GOMEZ JOB

128

401

WAYNE ST

TIJERINA PABLO A

129

5615

SANTA FE AVE

AHMED JAMAL

130

401

BUCKNER BLVD

DART

131

218

BEACON ST

SELL MATTHEW W

132

218

BEACON ST

PAULK BYRON JOSEPH

133

218

BEACON ST

DAMRON WILLIAM BLAKE

134

218

BEACON ST

CRAIG ANGELA C

135

218

BEACON ST

BRASWELLCARLISLE B A &

136

218

BEACON ST

ANDERSON EILEEN TERESA

137

218

BEACON ST

PRITCHARD MARK A & VANESSA N

138

218

BEACON ST

PENNA FRANCISCO GARCIA

139

1221

ABRAMS RD

LUNA BLUE LLC

140

5631

COLUMBIA AVE

RENO JANE A

141

5631

COLUMBIA AVE

RICHARDSON ROBERT W

Thursday, December 19, 2013

Z123-335 Vote

Label # Address

Owner

142

5631

COLUMBIA AVE

WARD MARGIE LEDDY EST OF

143

5631

COLUMBIA AVE

HUMPHRESS CRYSTAL

144

5631

COLUMBIA AVE

TRINITY FOUNDATION INC

AGENDA ITEM # 52 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

69 A

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1909 for the sale of alcoholic beverages in conjunction with a restaurant without drive-in or drive-through service on property zoned a CS-D-1 Commercial Service District with a D-1 Liquor Control Overlay on the southeast line of Belt Line Road, east of Kleberg Road Recommendation of Staff and CPC: Approval for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to conditions Z123-360(MW)

HONORABLE MAYOR & CITY COUNCIL

FILE NUMBER:

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa O’Donnell

Z123-360(MW)

DATE FILED: August 20, 2013

LOCATION: Southeast line of Belt Line Road, east of Kleberg Road COUNCIL DISTRICT: 8

MAPSCO: 69-A

SIZE OF REQUEST: ±1 acre

CENSUS TRACT: 170.0

REPRESENTATIVE:

Pamela Craig

APPLICANT/OWNER:

Elvira Almaraz

REQUEST:

An application for the renewal of Specific Use Permit No. 1909 for the sale of alcoholic beverages in conjunction with a restaurant without drive-in or drive-through service on property zoned a CS-D-1 Commercial Service District with a D-1 Liquor Control Overlay.

SUMMARY:

The applicant proposes to continue the sale of alcoholic beverages in conjunction with the existing restaurant [Los Portillos].

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z123-360(MW) STAFF RECOMMENDATION: Staff recommends approval of this request subject to conditions based upon the following: 1. Compatibility with surrounding uses and community facilities – The existing restaurant appears to be compatible with the surrounding land uses. The sale of alcoholic beverages in conjunction with the main use does not affect compatibility. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The existing restaurant provides a service to this area of the City and does not appear to negatively impact the adjacent properties.

3. Not a detriment to the public health, safety, or general welfare – The existing restaurant, which sells and serves alcoholic beverages, does not appear to compromise the health, safety, and welfare of the citizens of the City of Dallas. The most recent offense incident listed on the Dallas Police Department’s online reports was a theft, which occurred in 2009.

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

The ±1-acre request site is developed with a ±2,057-sqaure-foot restaurant, which was issued a Certificate of Occupancy on May 12, 2011.

•

Specific Use Permit No. 1909 was approved on October 10, 2011 for a two-year period.

•

The applicant does not propose changes to the existing building or site.

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

Z123-360(MW) Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

South Belt Line Road

Principal Arterial

Variable

Northeast

Zoning CR

Single family

Southeast

R-7.5(A)

Single family

Southwest

Single family

Northwest

Single family

STAFF ANALYSIS: Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depicts general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The Vision Illustration depicts the request site as within a Commercial Center or Corridor. These areas primarily function as service and job destinations and are similar to Business Centers or Corridors, but are smaller and incorporate less density. These corridors, commonly at the intersection of major streets, are easily accessed via automobiles. Buckner Boulevard is an example of a Commercial Corridor. Buildings in these areas tend to be on separate parcels and stand one to five stories with offices, restaurants and a range of retail and commercial uses. In addition to jobs and services, Commercial Centers or Corridors also may include multifamily housing in low- to midrise apartment buildings or condominiums. Landscaping and urban design will enhance the visitorâ&#x20AC;&#x2122;s experience and is used to separate sidewalks from major roads and define pedestrian routes in large parking lots. For large shopping centers, this may involve adding public plazas or other â&#x20AC;&#x153;town centerâ&#x20AC;? features. Public transit enhancements as

Z123-360(MW) well as quality access and visibility are important components of successful autooriented development. The existing restaurant is generally consistent with the following goal and policy of the Comprehensive Plan. LAND USE ELEMENT Goal 1.1:

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

Land Use Compatibility: The "D-1" Overlay District is a Liquor Control Overlay District which requires an individual to obtain a Specific Use Permit in order to sell or serve alcoholic beverages, or setups for alcoholic beverages, for consumption on or off the premises. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The applicantâ&#x20AC;&#x2122;s request conforms with the applicable zoning regulations and standards and is consistent with the intent of the Dallas Development Code. The proposed sale of alcoholic beverages in conjunction with the existing restaurant does not appear to negatively impact the adjacent properties. Therefore, staff recommends approval for a five-year period with eligibility for automatic renewal for additional five-year periods subject to a site plan and conditions.

Z123-360(MW) Development Standards: While the applicant does not propose any new construction or changes to the site, the development standards for the CS Commercial Service District are provided below. District

CS Commercial Service

Setbacks Front

Side/Rear

15’ 0’ on minor

20’ adjacent to residential Other: No Min.

Density

Height

0.75 FAR overall 0.5 office/ lodging/ retail combined

45’ 3 stories

Lot Coverage

Special Standards

Primary Uses

80%

Proximity Slope Visual Intrusion

Commercial and business service; supporting retail and personal service; office

Parking: Pursuant to the Dallas Development Code, a restaurant without drive-in or drive-through service requires one space per 100 square feet of floor area. Therefore, the ±2,057sqaure foot restaurant requires 21 spaces; 23 spaces are provided, as depicted on the site plan. Landscaping: Any new construction will require landscaping per Article X of the Dallas Development Code. No new construction is proposed by this application; additional landscaping is not required at this time.

Z123-360(MW) CPC Action: December 5, 2013: Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1909 for the sale of alcoholic beverages in conjunction with a restaurant without drive-in or drive-through service for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to conditions on property zoned a CSD-1 Commercial Service District with a D-1 Liquor Control Overlay on the southeast line of Belt Line Road, east of Kleberg Road. Maker: Second: Result:

Lavallaisaa Tarpley Carried: 12 to 0

For: 12 - Soto, Rodgers, Shidid, Hinojosa, Bernbaum, Peadon, Murphy, Ridley, Alcantar Against: Absent: Vacancy:

0 3 - Anglin, Culbreath, Bagley 0

Notices: Replies:

Area: For:

Speakers:

None

200 1

Mailed: Against:

Lavallaisaa,

9 2

Tarpley,

Shellene,

Z123-360(MW) Z123-360 CPC Recommended Conditions 1.

USE: The only use authorized by this specific use permit is the sale of alcoholic beverages in conjunction with a restaurant without drive-in or drive-through service.

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

TIME LIMIT: This specific use permit expires on October 10, 2013 (five years), but is eligible for automatic renewal for additional five-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.)

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

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.

Z123-360(MW) Existing Site Plan

Z123-360(MW)

)

~~_,--_

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==7'

VICINITY MAP

Case no: Date:

1:4,800

---

Z123-360 11 /5/201 3

Z123-360(MW)

速

AERIAL MAP

1:2,400

Case no:

Z123-360 -=-:==....-=-:...c:.__

11 /5/2013 Date: _.....:.._ _ _ __

Z123-360(MW)

Single family Single family

Single family

Z123-360(MW) CPC Responses

Z123-360(MW) Page 1 of 1 11/21/2013

Notification List of Property Owners Z123-360 9 Property Owners Notified Vote

1 Property Owner Opposed

Label # Address

1 Property Owner in Favor Owner

2348

BELTLINE RD

ALMARAZ ELVIRA G &

2369

BELTLINE RD

HETMER AGNES ANN

2327

BELTLINE RD

STOVALL ILONA A

2333

BELTLINE RD

STOVALL ILONA

2347

BELTLINE RD

FREEMAN WILLIAM D JR & DAWN

2355

BELTLINE RD

HERNANDEZ JAVIER & MARIA

2363

BELTLINE RD

LUTTRELL LEONA ROSE

2368

BELTLINE RD

GAONA JULIO C

2300

BELTLINE RD

QUON CARMENCITA W TR

AGENDA ITEM # 53 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

46 J

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an alcoholic beverage establishment use for a bar, lounge, or tavern on property within Tract A of Planned Development District No. 269, Deep Ellum/Near East Side Special Purpose District on the east corner of Main Street and North Exposition Avenue Recommendation of Staff and CPC: Approval for a two-year period, subject to a site/landscape plan and conditions Z123-373(WE)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-373(WE)

DATE FILED: September 9, 2013

LOCATION:

Main Street and North Exposition Avenue, east corner

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 0.244 acres

CENSUS TRACT: 78.21

46-J

APPLICANT:

Gabe Whatley

OWNER:

ColdBeer in Deep Ellum, L.P.

REPRESENTATIVE:

Audra Buckley Permitted Development

REQUEST:

An application for a Specific Use Permit for an alcoholic beverage establishment for a bar, lounge, or tavern on property within Tract A of Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District

SUMMARY:

The purpose of this request is to permit a bar, lounge or tavern to operate within the Deep Ellum District.

CPC RECOMMENDATION:

Approval for a two-year period, subject to a site/landscape plan and conditions

STAFF RECOMMENDATION:

Approval for a two-year period, subject to a site/landscape plan and conditions

Z123-373(WE)

GUIDING CRITERIA FOR RECOMMENDATION: The following factors are listed in Chapter 51A of the Dallas Development Code to guide the determination as to whether or not an SUP shall be granted. Staff has listed its findings based upon each component below: 1. Compatibility with surrounding uses and community facilities – The proposed bar, lounge or tavern use should not impact the surrounding uses negatively. The Planned Development District permits a mix of uses that promotes a place where people can work, live and be entertained. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – This use is not expected to contribute to or deter from the welfare of adjacent properties. The proposed SUP, if approved by the CPC and City Council, will have conditions that are associated with the use. An SUP could be revoked or have a reduced time period if the applicant is not adhering to the proposed conditions during the time the SUP is being renewed. 3. Not a detriment to the public health, safety, or general welfare – The use is not anticipated to be a detriment to the public welfare. The proposed Specific Use Permit conditions are an additional layer of regulatory requirements the owner will have to comply with when operating the business. The City Plan Commission and City Council can revoke or reduce the owner’s ability to operate the business through the SUP process. 4. Conforms in all other respects to all applicable zoning regulations and standards – The request will comply with all zoning regulations and standards. BACKGROUND INFORMATION: •

In June 2006, the City Council amended the Deep Ellum Planned Development District to require certain businesses to have Specific Use Permits to operate and to sunset the non-conforming rights for those establishments. The uses requiring a Specific Use Permit are bars and private clubs, dance halls, live music venues and body piercing studios and tattoo studios when the spacing measurement is within less than 300 feet.

•

The applicant is proposing to renovate an existing 1,803-square-foot structure. The proposed bar, lounge or tavern use will also have an uncovered patio that will be located on the northern portion of the building.

• Zoning History: area.

There has not been any recent zoning change requested in the

Z123-373(WE)

Thoroughfares/Streets: Thoroughfare/Street

Main Street Exposition Road

Type

Existing ROW

Proposed ROW

Minor Arterial Collector

100 ft. 80 ft.

Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system. The analysis is based upon the traffic worksheet the applicant provides during the application submittal. Surrounding Land Uses:

Site North South East West

Zoning PDD No. 269 PDD No. 269 PDD No. 269 PDD No. 269 PDD No. 269

Land Use Abandon Structure Abandon Auto related use Office Surface parking lot Office, Auto related use

COMPREHENSIVE PLAN: The Comprehensive Plan does not make a specific land use recommendation related to the request; however, the forwardDallas! Vision Illustration is comprised of a series of Building Blocks that shows general land use patterns. They are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The request site lies within an Urban Mixed-Use Building Block. This Building Block provides for a healthy balance of housing, job, and shopping that permits residents to live, work, shop, and play in the same neighborhood. Wide sidewalks and pedestrian features offer alternative access options to this type of area, thus permitting foot and bike traffic to benefit from the mix of uses. The request site is adjacent to retail and personal service uses and conforms to the abovementioned definition of an Urban Mixed-Use Block. Even though the request site is not adjacent to residential uses, there are several residential developments that are developed within PDD No. 269. The proposed bar, lounge or tavern is an appropriate use within this building block because the use promotes a place where people can enjoy a form of entertainment. STAFF ANALYSIS: Land Use Compatibility: The 10,628.64 square-foot site is developed within a onestory structure and is adjacent to a variety of uses, such as auto related use, offices, and a single family dwelling. The request for Specific Use Permit will allow the applicant to operate a bar, lounge or tavern within the one-story structure. The applicant proposes to renovate the existing building and increase the total floor area by 783 square feet.

Z123-373(WE)

The additional square footage will be constructed on the eastern façade. The maximum floor area of the proposed bar, lounge or tavern use is 1,803 square feet. In addition, the facility will have an uncovered patio on the northern façade. A bar, lounge, or tavern means an establishment principally for the sale and consumption of alcoholic beverages on the premises that derives 75 percent or more of its gross revenue from the service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premise consumption. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. Landscaping: Any landscaping will be in accordance to the landscaping requirements in PDD No. 269, as shown on the site/landscape plan. Traffic: The Engineering Section of the Department Development Services has reviewed the request and determined that it will not significantly impact the surrounding street system for the proposed development. Parking: PDD No. 269 specifies that “no off-street parking spaces are required for the first 2,500 square feet of floor area in a ground level use that has a separate certificate of occupancy if the use is located in an original building. Otherwise, one space for each 100 square feet of floor area. No parking is required for outside seating. Delta credits, as defined in Section 51A-4.704(b)(4)(A), may not be used to meet the off-street parking requirement.”

Z123-373(WE)

CPC Action (December 5, 2013) Motion: It was moved to recommend approval of a Specific Use Permit for an alcoholic beverage establishment use for a bar, lounge, or tavern for a two year period, subject to a site/landscape plan and conditions on property within Tract A of Planned Development District No. 269, Deep Ellum/Near East Side Special Purpose District on the east corner of Main Street and North Exposition Avenue. Maker: Culbreath Second: Soto Result: Carried: 13 to 0 For:

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

Against: Absent: Vacancy: Notices: Area: 200 Replies: For: 5 Speakers:

0 2 - Anglin, Bagley 0 Mailed: 20 Against: 0

None

Z123-373(WE)

LIST OF PARTNERS Coldbeer in Deep Ellim, L.P.

•

42A, LLC – Scott Rohrmann, Managing Member

•

42 Deep Ellum, L.P. - Scott Rohrmann, Managing Member

Z123-373(WE)

CPC PROPOSED SUP CONDITIONS

1. USE: The only use authorized by this specific use permit is an alcoholic beverage establishment limited to a bar, lounge or tavern. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan/ landscape plan. 3. TIME LIMIT: This specific use permit expires on_____, (two-year period from the passage of this ordinance). 4. MAXIMUM FLOOR AREA: The maximum floor area for a bar, lounge or tavern is 1,803 square feet in the location shown on the site plan. The maximum floor area for the uncovered patio is 395 square feet in the location shown on the site plan /landscape plan. 5. HOURS OF OPERATION: The hours of operation for the alcoholic beverage establishment limited to a bar, lounge or tavern is from 3:00 p.m. to 2:00 a.m. (the next day), Monday through Friday and 11:00 p.m. to 2:00 a.m., Saturday and Sunday. 6. OUTSIDE SPEAKERS: Outside speakers are prohibited. 7. FENCE: A fence must be provided in the location as shown on the site plan / landscape plan. 8. OFF-STREET PARKING: Parking must be provided in accordance with the requirements of Planned Development District No. 269, the Deep Ellum/Near East Side District. Delta credits, as defined in Section 51A-4.704(b)(4)(A), may not be used to meet the off-street parking requirement. 9. MAINTENANCE: The entire Property must be properly maintained in a state of good repair and neat appearance. 10. 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

Z123-373(WE)

PROPOSED SITE PLAN

Z123-373(WE)

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Date: - - - - - - -

1:4,800

Z123-373(WE)

AERIAL MAP

Case no: Date:

1:1,200

Z123-373 11/5/2013

Z123-373(WE)

DART Line

Auto related use

Surface parking

Office

Auto related use

Z123-373(WE)

CPC RESPONSES

Z123-373(WE)

Notification List of Property Owners Z123-373 20 Property Owners Notified

Vote

0 Property Owners Opposed

Label # Address

5 Property Owners in Favor

Owner

3606

MAIN ST

ALDRIDGE DOUGLAS E &

110

EXPOSITION AVE

HEYLAND EDWARD

3500

COMMERCE ST

PANORAMIC DEV LLC

3506

COMMERCE ST

SCHWARTZ HYMIE TRUST &

3719

LA FRANCE ST

MOTT W E JR SPOUSAL TRUST

3511

PACIFIC AVE

PANORAMIC DEVELOPMENT LLC

305

EXPOSITION AVE

TALL COTTON PPTIES LTD

3400

COMMERCE ST

RIEGEL MAYNARD W &

3412

MAIN ST

JERNIGAN REALTY PTNR LP

3416

MAIN ST

CHOW JUNE C &

3418

MAIN ST

WITHERSPOON DAVID

3409

MAIN ST

JERNIGAN & MITCHELL INV

3414

ELM ST

SONS OF HERMANN

3417

MAIN ST

JERNIGAN REALTY PTNRS LP

3502

PACIFIC AVE

ADVANCE BRAKE & CLUTCH

3812

ELM ST

BAYLOR UNIVERSITY MED CTR

3801

MAIN ST

BAYLOR UNIVERSITY MED CTR

3435

COMMERCE ST

BOATWRIGHT JOYCE CAMPBELL

3300

MAIN ST

WESTDALE DEEP ELLUM LOFTS

555

2ND AVE

DART

Wednesday, December 18, 2013

AGENDA ITEM # 54 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

23 M; R

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a CR Community Retail District on property zoned an LO-1 Limited Office District on the west side of Marsh Lane, north of Walnut Hill Lane Recommendation of Staff and CPC: Approval Z134-104(WE)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z134-104(WE)

DATE FILED: October 3, 2013

LOCATION:

West side of Marsh Lane, north of Walnut Hill Lane

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 3 acres

CENSUS TRACT: 97.02

23-R 23-M

APPLICANT:

Hopkins Marsh Lane Plaza, L.P.

OWNER:

Marsh Lane Plaza L.P.

REPRESENTATIVE:

Tommy Mann & Laura Hoffmann Winstead PC

REQUEST:

An application for a CR Community Retail District on property zoned an LO-1 Limited Office District.

SUMMARY:

The purpose of this request is to allow for the existing retail development to come into conformance with an appropriate zoning district. The applicant has not indicated whether or not the site will be redeveloped. Currently, a portion of the retail development is a nonconforming use.

CPC RECOMMENDATION:

Approval

STAFF RECOMMENDATION:

Approval

Z134-104(WE)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – Even though the proposed zoning would allow more intense land uses, the property is already a nonconforming retail use. Land uses other than retail or increasing the amount of retail on the site will be restricted due to the residential uses across the 20-foot alley to the west. The floor area ratio could increase to 0.75. Currently the LO-1 District permits a maximum of 1.0 FAR. However, the height will be limited by the 1 to 3 residential proximity slope. Consequently, the proposed CR Community Retail District should not have a negative impact on the surrounding uses. 2. Traffic impact – The request site is currently developed with retail and personal service uses. The additional floor area that could be added onto the site will not have a substantial impact on the surrounding street system. 3. Comprehensive Plan or Area Plan Conformance – The forwardDallas! Comprehensive Plan states that this area is within a Residential Building Bloc, which would typically support smaller areas of neighborhood serving uses. However, staff can support this request taking into account the adjoining CRzoned parcels and the existing nonconforming CR use on the subject site. Rezoning the subject site in an area where CR uses already exist is not anticipated to create a negative impact upon the neighborhood. BACKGROUND INFORMATION: •

Prior to 1989, the property was zoned SC Shopping Center District. An SC District provided “a uniform set of standards for modern shopping center development” and was “found in close proximity to residential developments.”

•

In 1989 when Chapter 51A was adopted and changed the zoning classifications on various properties, the request site designation was changed from an SC District to an LO-1 District. As a result, the existing retail development became nonconforming because retail is only permitted if it is less than 3,500 square feet and has strict limitations in terms of floor area, public entrance and signage.

•

In March 1992, the City Council recommended approval of Specific Use Permit No. 1100 for a radio, television or microwave tower for a permanent time period.

•

The surrounding land uses consist of a variety of retail uses to the north and west of the site. The properties east of Marsh Lane are developed with retail uses. South of the site, across Walnut Hill Lane is developed with office and single family uses

Z134-104(WE)

Zoning History: 1. Z101-307

There has been one zoning change request in the area. On Monday, October 10, 2011, the City Council approved a D-1 Liquor Control Overlay and a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise store greater than 3,500 square feet on property zoned a CR-D Community Retail District with a D Liquor Control Overlay on the northwest corner of Walnut Hill Lane and Marsh Lane.

Thoroughfares/Streets: Thoroughfare/Street

Marsh Lane

Type

Existing ROW

Proposed ROW

Principal Arterial

100 ft.

Land Use:

Site North South East West

Zoning LO-1 CR CR-D R-16(A), CR PDD No. 31

Land Use Retail and personal service Restaurant Retail and personal service Church, Office, Restaurant, Single Family, Duplexes

PROMOTE DESIRED DEVELOPMENT

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

Z134-104(WE)

STAFF ANALYSIS: Land Use Compatibility: The 3 acre site is developed with a one-story multi-tenant retail development. The applicant’s request for a CR Community Retail District will bring a portion of the retail development into conformance with the remaining development on the property. In addition, the CR District is consistent with the zoning district that is north and south of the request site. Prior to 1989, the request site was zoned for a SC Shopping Center District where the development consisted of retail uses. The SC District provided “a uniform set of standards for modern shopping center development” and was “found in close proximity to residential developments.” However, during a citywide transitional period between Chapter 51 and Chapter 51A Development Codes, the request site was rezoned from a SC Shopping Center District to a LO-1 Limited Office District. The current land uses that are developed in the existing retail development are legally non-conforming in the LO-1 District. CR Community Retail districts are appropriate at a scale and intensity compatible with residential communities. The scale of the existing retail development is consistent with the one-story retail development that is located north and south of the request site. Any future development will be limited in height due to the residential adjacency. In addition, the development rights of any retail development will be limited to a maximum 0.75 floor area ratio. The applicant has indicated that the financial institution wanted the property to become a legal use, and there are no immediate plans to redevelop the site. Staff’s recommendation is for approval of the applicant’s request. residential district will limit the height of any new development on site.

The adjacent

Development Standards: DISTRICT

SETBACKS Front

LO-1

15’

Community retail

Side/Rear 15’ adjacent to residential OTHER: No Min. 20’ adjacent to residential OTHER: No Min.

Density

Height

Lot Coverage

Special Standards

1.0 combined 1.0 office 0.5 retail

70’ 5 stories

80%

Proximity Slope Visual Intrusion

Commercial and business service, office, Industrial

0.75 FAR overall 0.5 office

54’ 4 stories

60%

Proximity Slope Visual Intrusion

Retail & personal service, office

PRIMARY Uses

Landscaping: Landscaping of any development will be in accordance with Article X, as amended. Any landscaping on the property will not be triggered unless the applicant increases the existing square footage. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system.

Z134-104(WE)

CPC Action (December 19, 2013) Motion: It was moved to recommend approval of a CR Community Retail District on property zoned an LO-1 Limited Office District on the west side of Marsh Lane, north of Walnut Hill Lane. Maker: Bagley Second: Tarpley Result: Carried: 14 to 0 For:

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

Against: 0 Absent: 1 - Culbreath Vacancy: 0 *out of the room, shown voting in favor Notices: Replies:

Area: For:

300 5

Mailed: 31 Against: 2

Speakers: For: None Against (Did not speak): Linda E. M. Day, 3647 Stables Ave., Dallas, TX, 75229

Z134-104(WE)

速

AERIAL MAP

1:2,400

Z_1 3_4_-1_0_ 4_

Case no: _ _

12/3/2013 Date: _ _ _ __

Z134-104(WE)

Single Family

Restaurant

Church

Office

Single Family/Duplexes

Retail & personal service Retail & personal service

Z134-104(WE)

CPC RESPONSES

Z134-104(WE)

Notification List of Property Owners Z134-104 31 Property Owners Notified

Vote

O O

2 Property Owners Opposed

Label # Address

5 Property Owners in Favor

Owner

10051

MARSH LN

MARSH LANE PLAZA LP

10056

MARSH LN

County of Dallas

3647

STABLES LN

DAY LINDA E M

3651

STABLES LN

DUVALL CHARLES

3655

STABLES LN

NOGUEZ MARIA ELENA

3659

STABLES LN

SMOGER ILENE J

10040

GLENRIO LN

MAGELLAN FUNDING PTRS FUND I LP

10028

GLENRIO LN

TADESSE TEWABECH N

10022

GLENRIO LN

BRODEUR LAURA D & ERIC R FAMILY

10010

GLENRIO LN

ENGRAM BRYAN H

3648

STABLES LN

SMOGER ILENE

3658

STABLES LN

COLFRY G L EST OF

3635

HOPETOWN RD

PASSMORE TOM &

3629

HOPETOWN RD

BOLLINGER DONALD FREDERIC

3630

HOPETOWN RD

AMERICAN NATL BANK OF TEXAS

3634

HOPETOWN RD

PINE JUDY D LIFE ESTATE

3675

RICKSHAW DR

ORR BESHARA ANTONY

3552

WOODLEIGH DR

STROMBERG ERIC C

3604

WOODLEIGH DR

POTTER JULIE M

3610

WOODLEIGH DR

FINKENBINER ROBERT B &

3616

WOODLEIGH DR

ALLISON BETTY SUE DANIEL

3622

WOODLEIGH DR

RODRIGUEZ CONNIE T

3628

WOODLEIGH DR

COPPINGER DOUGLAS L

3634

WOODLEIGH DR

STEGALL FRANK D

3640

WOODLEIGH DR

MARTIN DWIGHT & MIN TSU

3648

WOODLEIGH DR

MARTIN DWIGHT L

Friday, December 20, 2013

Z090-236 (WE)

Vote

Label # Address

Owner

10066

MARSH LN

WALNUT HILL UNITED

10020

MARSH LN

COPPEDGE HAROLD G ET AL

10031

BETTY JANE LN

NHI TX LEASE OWNER LP

10003

MARSH LN

GUPTA WALNUT HILL

10107

MARSH LN

BOWIE ROBERT TR &

Friday, December 20, 2013

AGENDA ITEM # 55 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

46 E

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a liquor store on property zoned Subarea 10 within Planned Development District No. 298, the Bryan Area Special Purpose District, at the east corner of Live Oak Street and North Haskell Avenue Recommendation of Staff and CPC: Approval for a two-year period with eligibility for automatic renewal of additional two-year periods, subject to a site plan and conditions Z134-108(JH)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z134-108 (JH)

DATE FILED: October 8, 2013

LOCATION:

East corner of Live Oak Street and North Haskell Avenue

COUNCIL DISTRICT: 2

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 15.04

Approx. 1.1 acres

46-E

APPLICANT:

Diana E. Haynes

OWNER:

Greenville Ross Partners Ltd

REQUEST:

An application for a Specific Use Permit for a liquor store on property zoned Subarea 10 within Planned Development District No. 298, the Bryan Area Special Purpose District.

SUMMARY:

The applicant proposes to operate a liquor store use within an existing multi-tenant commercial building.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z134-108(JH) GUIDING CRITERIA FOR RECOMMENDATION: The following factors are listed in Chapter 51A of the Dallas Development Code to guide the determination as to whether or not an SUP shall be granted. Staff has listed its findings based upon each component below: 1. Compatibility with surrounding uses and community facilities – There are no incompatible uses are in the immediate area. The liquor store is not anticipated to negatively impact surrounding uses from a land use perspective. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – While the proposed use will be another service provided in the neighborhood, it is not foreseen that it will deter or enhance adjacent properties. The proposed SUP, if approved by the CPC and City Council, will have conditions that are associated with the use. An SUP could be revoked, have a reduced time period or not be renewed if the business deters from the area. 3. Not a detriment to the public health, safety, or general welfare – It is not foreseen that this use would be a detriment to the public health, safety or general welfare of the community. 4. Conforms in all other respects to all applicable zoning regulations and standards – The request will comply with all zoning regulations and standards. BACKGROUND INFORMATION: •

The request site is a suite within a multi-tenant commercial building occupied with retail and personal service uses. The current occupancy of the suite is a general merchandise or food store 3,500 square feet or less and does sell alcoholic beverages for off-premise consumption. The building was constructed in approximately 1930 according to DCAD.

•

The applicant is proposing to operate a liquor store.

Zoning History: There have been no recent zoning requests in the area. Thoroughfares/Streets: Thoroughfares/Street

Type

Existing ROW

Live Oak Street

Principle Arterial

80 ft.

Haskell Street

Principle Arterial

55 ft. (couplet)

Z134-108(JH) STAFF ANALYSIS: Comprehensive Plan: The Comprehensive Plan does not specifically address the proposed use, however, the Quality of Life statement within the Core Values section does serve as a foundation for all of the planâ&#x20AC;&#x2122;s recommendations: Quality of Life: Dallasâ&#x20AC;&#x2122; diverse population wants equally diverse choices in where and how to live and ways to shop and have fun. The request site is located within an urban neighborhood building block on the Vision Illustration within ForwardDallas!. Urban Neighborhoods, including Oak Lawn, the Grand Avenue area in South Dallas, the area near Jefferson Boulevard and the Vickery Meadow area, are predominately residential but are distinguished from other neighborhoods by the wide variety of housing options they provide and easy access to public transit. Housing choices should include single-family detached dwellings, townhomes and low- to midrise condominiums or apartments. These neighborhoods will have concentrations of shops and offices along key corridors or at key intersections, providing important services and job opportunities within walking distance of residences. These areas may have mixed-use buildings with ground floor shops. Urban Neighborhood streets will be very pedestrian friendly, providing excellent connectivity to shopping, schools and other community services. Emphasis should be placed on slowing traffic through use of on-street parking and other similar traffic calming measures. Public investments in these areas will focus on parks, pathways, transit stops, pedestrian-oriented landscaping and road improvements. Land Use Compatibility: The surrounding land uses are multifamily to the north, retail, personal service, bank, and medical office to the northeast, undeveloped and medical office to the south, remote parking and a maintenance building that serve a seminary to the east. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been

Z134-108(JH) established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. Staff supports the applicantâ&#x20AC;&#x2122;s request for a Specific Use Permit because the location is on a commercial corridor, no incompatible uses are in the immediate area, and there is no police activity reported for the address of the suite or the other addresses in the multi-tenant building since 2005. Staff recommends a two-year initial time period with eligibility for automatic renewals of additional two-year periods; the applicant is requesting four years with auto-renewal eligibility for four year periods. Parking/Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that it will not significantly impact the surrounding street system for the proposed development. The attached site plan shows a parking lot to the rear of the building containing approximately 53 off-street parking spaces and approximately 18 on-street angled parking spaces on Live Oak Street. The liquor store use will require the same parking as the current general merchandise or food store use, so there is no change in the parking requirement for the site. Landscaping: Landscaping is required in accordance with Article X of the Dallas Development Code. However, the applicantâ&#x20AC;&#x2122;s request will not trigger any Article X requirements, as no new construction is proposed on the site. Police Report: No reported activity is available online since January 1, 2005, which is the oldest date available for online DPD reports, for the request site.

Z134-108(JH) CPC Minutes December 19, 2013 Motion: It was moved to recommend approval of a Specific Use Permit for a liquor store for a two-year period with eligibility for automatic renewal of additional two-year periods, subject to a site plan and conditions on property zoned Subarea 10 within Planned Development District No. 298, the Bryan Area Special Purpose District, at the east corner of Live Oak Street and North Haskell Avenue. Maker: Second: Result:

Soto Peadon Carried: 14 to 0

For: 14 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar Against: Absent: Vacancy:

0 1 - Culbreath 0

Notices: Replies:

Area: For:

Speakers:

300 1

Mailed: 18 Against: 6

For: Diana Haynes, 4102 Live Oak St., Dallas, TX, 75204 Against: None

Z134-108(JH) CPC Recommended SUP Conditions 1. USE: The only use authorized by this specific use permit is a liquor store. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. CPC recommended 3. TIME LIMIT: This specific use permit expires on (two years), but is eligible for automatic renewal for additional two-year periods, pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) Applicant proposed 3. TIME LIMIT: This specific use permit expires on (four years), but is eligible for automatic renewal for additional four-year periods, pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4. FLOOR AREA: The maximum floor area is 1,820 square feet in the location shown on the attached site plan. 5. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 6. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas

Z134-108(JH) CPC RECOMMENDED SITE PLAN

Z134-108(JH)

Multifamily Bank

Medical office

Surface parking

Z134-108(JH)

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AERIAL MAP

Case no: _

_:Z=.1.:..::3:....;4:_ -1.:. .0:....:8 : : ___

11 /21/2013

Date:------

1:2,400

Z134-108(JH) CPC RESPONSES

Z134-108(JH) Page 1 of 1 12/19/2013

Notification List of Property Owners Z134-108 18 Property Owners Notified Owner in Favor

6 Property Owners Opposed

Vote Label # Address

1 Property

Owner

4100

LIVE OAK ST

GREENVILLE ROSS PTNR LTD

4118

LIVE OAK ST

SHG RESOURCES LP

4021

LIVE OAK ST

DALLAS THEOLOGICAL

1333

HASKELL AVE

AT&T COMM OF THE SW

4100

BRYAN ST

AT&T SW INC

4100

BRYAN ST

SOUTHWESTERN BELL

4208

LIVE OAK ST

BILLINGSLY L B INVESTMENT

4125

SWISS AVE

POPLAWSKI GARY A

1209

HASKELL AVE

BEVRICH LTD

4006

LIVE OAK ST

DALLAS THEOLOGICAL SEMINARY

4005

SWISS AVE

DALLAS THEOLOGICAL

1111

HASKELL AVE

DALLAS THEOLOGICAL

1219

HASKELL AVE

DALLAS THEOLOGICAL SEM

1203

HASKELL AVE

STEWART WALTON H

4200

BRYAN ST

AT & T CORP

4207

LIVE OAK ST

WRPV XI VUE LO DALLAS LP

4103

SWISS AVE

SWISS AVE PROPERTIES LP

4217

SWISS AVE

SWISS AVENUE BANK

Thursday, December 19, 2013

AGENDA ITEM # 56 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

46 Z

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a new subdistrict within Planned Development District No. 764, the Second Avenue Special Purpose District, on the southwest line of Second Avenue, northwest of Hatcher Street Recommendation of Staff and CPC: Approval, subject to conditions Z134-113(WE)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z134-113(WE)

DATE FILED: June 27, 2013

LOCATION:

Southwest line of Second Avenue, northwest of Hatcher Street

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 5,000 sq. ft.

CENSUS TRACT: 39.01

46-Z

APPLICANT:

Mario Diaz

OWNER:

Diann Lee

REPRESENTATIVE:

Cheryl McNeil

REQUEST:

An application for a new Subdistrict within Planned Development District No. 764, the Second Avenue Special Purpose District.

SUMMARY:

The purpose of this request is to create a new subdistrict to allow a job or lithographic printing use. A printing company will operate within the existing building. Currently, Planned Development District No. 264 does not permit this use within the district.

. CPC RECOMMENDATION:

Approval, subject to conditions.

STAFF RECOMMENDATION:

Approval, subject to conditions.

Z134-113(WE)

GUIDING CRITERIA FOR STAFF RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – The request for a new Subdistrict to permit the job or lithographic printing use within Planned Development District No. 764 should not have a negative impact on the surrounding areas based upon the location along a principal arterial and the size of the parcel. The additional uses proposed for the site could support the adjacent businesses that are located along the business corridor. 2. Traffic impact – The Engineering Section of the Department of Sustainable development and Constructions has determined that the request will not have a negative impact on the street system. 3. Comprehensive Plan or Area Plan Conformance – The forwardDallas! Comprehensive Plan shows that the request site in located in an Urban Neighborhood Building Block. An existing structure will be used to operate the use and will be limited in the maximum allowable floor area for the proposed use. The request is in compliance with the forwardDallas! Comprehensive Plan. 4. Justification for PD Planned Development District Zoning as opposed to a straight zoning district –The proposed job or lithographic printing use could support efforts to grow retail and residential opportunities in the Southern Sector even though the proposed use is prohibited in the NC Neighborhood Commercial District. The new Subdistrict allows the City to limit the proposed use to 2,500 square feet of floor area, thereby reducing the potential for a larger operation that could be incompatible with the adjoining residential neighborhood. BACKGROUND INFORMATION: •

The new Subdistrict will allow for a printing company to operate within a 1,500 square foot building. The last Certificate of Occupancy was issued in 1982, for a personal service use. Currently, the structure is vacant.

•

In August 2007, the City Council approved a Planned Development District for NC Neighborhood Commercial uses. The Planned Development District allowed for the existing retail and commercial businesses to display merchandise outside on their properties. The outside display and outside storage would be an accessory use to the main use and would be limited to 5 percent of the lot.

•

The adjacent land uses consist of retail and personal service uses and commercial service uses along the Second Street corridor. Properties southwest of the request site consist of a residential development.

Z134-113(WE)

â&#x20AC;˘

Zoning History: There has been one recent zoning change in the area. 1. Z067-174

On August 3, 2007, the City Council approved a Planned Development District for NC Neighborhood Commercial uses.

Thoroughfares/Streets: Thoroughfare/Street

Second Avenue

Type

Existing ROW

Proposed ROW

Principal Arterial

Variable right-ofway

80 ft.

Land Use:

Site Northeast Southeast Southwest Northwest

Zoning PDD No. 764 PDD No. 764 PDD No. 764 R-7.5(A) PDD No. 764

Land Use Vacant building Commercial Commercial Residential Commercial

COMPREHENSIVE PLAN: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicantâ&#x20AC;&#x2122;s request. The Plan identifies the request site as being in an Urban Neighborhood Building Block. Urban Neighborhoods, including Oak Lawn, the Grand Avenue area in South Dallas, the area near Jefferson Boulevard and the Vickery Meadow area, are predominately residential but are distinguished from other neighborhoods by the wide variety of housing options they provide and easy access to public transit. Housing choices should include single-family detached dwellings, townhomes and low- to midrise condominiums or apartments. These neighborhoods will have concentrations of shops and offices along key corridors or at key intersections, providing important services and job opportunities within walking distance of residences. These areas may have mixed-use buildings with ground floor shops. Areas currently developed with single-family or duplex uses should generally be maintained unless redevelopment is addressed through an Area Planning process. Urban Neighborhood streets will be very pedestrian friendly, providing excellent connectivity to shopping, schools and other community services. Emphasis should be placed on slowing traffic through use of on-street parking and other similar traffic calming measures. Public investments in these areas will focus on parks, pathways, transit stops, pedestrian-oriented landscaping and road improvements.

Z134-113(WE)

The request site is within a retail corridor that is located within the Southern Sector. The proposed request for will provide additional small business and employment opportunities within the southern sector and is in compliance with the forwardDallas! Comprehensive Plan. The following goals support this request: LAND USE GOAL 1.1 PROMOTE DESIRED DEVELOPMENTALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES Policy 1.1.2 Focus on Southern Sector development opportunities. GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. ECONOMIC ELEMENT GOAL 2.1

PROMOTE BALANCED GROWTH

Policy 2.1.3 Support efforts to grow retail and residential opportunities in the Southern Sector. STAFF ANALYSIS: Land Use Compatibility: The 5,000-square-foot site is developed with a one-story, 1,500-square-foot building and has frontage along Second Avenue. Planned Development District No. 764 is developed with retail and commercial service uses and permits outside display and storage on each lot. Properties that are contiguous to the site on the southwestern property line are developed with single family uses. The applicantâ&#x20AC;&#x2122;s request for a new subdistrict within Planned Development District will permit a job or lithographic printing use to operate within the new district. The new subdistrict will limit the maximum floor area for the job or lithographic use to only 2,500 square feet, the existing footprint, to keep the business in scale with the surrounding neighborhood that consists of residential uses adjacent to the subject site. The applicant proposes to operate a print shop where approximately 50 percent of the production will be digital design and the remaining 50 percent will include printing on various types of substrates.

Z134-113(WE)

The new Subdistrict within Planned Development District No. 764 does not alter the currently permitted land uses or development standards and should not negatively impact the surrounding areas. Development Standards: SETBACKS

DISTRICT

Front

PDD No. 764

0’

Side/Rear 215’ adjacent to residential OTHER: No Min.

Density

Height

Lot Coverage

Special Standards

0.75 FAR

30’ 2 stories

60%

Proximity Slope Visual Intrusion

PRIMARY Uses Retail & personal service, office

Landscaping: Landscaping of any development will be in accordance with Article X, as amended. The request site will not trigger any landscaping requirements because the there are no increases in impervious surfaces or floor area. Screening: The applicant will be required to provide a minimum 6-foot solid screening fence on the residential side of the property and the materials must comply with Section 51A-4.602(b). Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system. CPC Action (December 19, 2013) Motion: It was moved to recommend approval of a new subdistrict, subject to conditions within Planned Development District No. 764, the Second Avenue Special Purpose District on the southwest line of Second Avenue, northwest of Hatcher Street. Maker: Bagley Second: Shellene Result: Carried: 14 to 0 For:

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

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

Area: For:

0 1 - Culbreath 0 500 5

Mailed: 108 Against: 2

None 5

Z134-113(WE)

PROPOSED PPD CONDITIONS

ARTICLE 764. PD 764. Second Avenue Special Purpose District SEC. 51P-764.101. LEGISLATIVE HISTORY. PD 764 was established by Ordinance No. 26875, passed by the Dallas City Council on August 8, 2007. SEC. 51P-764.102. PROPERTY LOCATION AND SIZE. PD 764 is established on property located on both sides of Second Avenue between Pine Street and Hatcher Street. The size of PD 764 is approximately 11.23 acres. SEC. 51P-764.103. DEFINITIONS AND INTERPRETATIONS. (a) Except as provided in this article, the definitions and interpretations in Chapter 51A apply. (b) Except as provided in this article, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) FOOD OR BEVERAGE STORE 3,500 SQUARE FEET OR LESS means a retail store with a floor area of 3,500 square feet or less for the sale of food and beverages. The term "food or beverage store" includes a grocery, delicatessen, convenience store, and specialty foods store. This use does not include other uses in this article that are specifically listed. (d) GENERAL MERCHANDISE STORE 3,500 SQUARE FEET OR LESS means a retail store with a floor area of 3,500 square feet or less for the sale of general merchandise. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationery, pets, drugs, auto parts and accessories, and similar consumer goods. This use does not include other uses in this article that are specifically listed. (e) This district is considered to be a nonresidential zoning district.

Z134-113(WE)

SEC. 51P-764.104. ESTABLISHMENT OF SUBDISTRICTS. This district created a new subdistrict: Subdistrict 1 SEC. 51P-764.10[4](5). DEVELOPMENT PLAN. No development plan is required, and the provisions of Section 51A-4.702 regarding submission of or amendments to a development plan, site analysis plan, conceptual plan, development schedule, and landscape plan do not apply. SEC. 51P-764.10[5](6). MAIN USES PERMITTED. (a) The following uses are the only main uses permitted in this district and Subdistirct 1: (1) Agricultural uses. None permitted. (2) Commercial and business service uses. -- Catering service. [SUP] -- Job or lithographic printing [Subdistrict 1 only] (3) Industrial uses. -- Temporary concrete or asphalt batching plant. [By special authorization of the building official.] (4) Institutional and community service uses. -- Adult day care facility. -- Child-care facility. -- Church. -- Community service center. [SUP] -- Library, art gallery, or museum. -- Public or private school. [RAR] (5) Lodging uses. None permitted. (6) Miscellaneous uses. -- Temporary construction or sales office. (7) Office uses. -- Financial institution without drive-in window. -- Medical clinic or ambulatory surgical center.

Z134-113(WE)

-- Office. (8) Recreation uses. -- Private recreation center, club, or area. [SUP] -- Public park, playground, or golf course. (9) Residential uses. None permitted. (10) Retail and personal service uses. -- Auto service center. -- Car wash. [DIR] -- Commercial amusement (inside). -- Dry cleaning or laundry store. -- Furniture store. -- General merchandise store 3,500 square feet or less. -- Mortuary, funeral home, or commercial wedding chapel. [SUP] -- Motor vehicle fueling station. -- Personal service uses. -- Restaurant without drive-in or drive-through service. (11) Transportation uses. -- Transit passenger shelter. (12) Utility and public service uses. -- Electrical substation. [SUP] -- Local utilities. -- Police or fire station. [SUP] -- Post office. [SUP] -- Tower/antenna for cellular communication. [SUP] (13) Wholesale, distribution, and storage uses. None permitted. (b) The food or beverage store 3,500 square feet or less use is prohibited. SEC. 51P-764.10[6](7). 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.

Z134-113(WE)

(b) The following accessory use is not permitted: -- Accessory outside sales. (c) The following accessory use is permitted only with a solid screening fence and plant material screening that complies with Section 51A-4.602(b): -- Accessory outside storage. (d) Accessory outside display of merchandise is permitted subject to the additional regulations in Section 51A-4.217(b)(4). A maximum of five individual furniture items may be displayed outside. These furniture items may be furniture that is not customarily used outside and does not have to be made of a material that is resistant to damage or deterioration from exposure to the outside environment. SEC. 51P-764.10[7](8). 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) Except as provided in this subsection, a front yard is not required. (2) If a front yard is provided, it must be a minimum of 15 feet with landscaping provided in accordance with Section 51P-764.110. (3) A front yard of up to five feet may be provided to the extent needed to accommodate a wider than standard sidewalk for any portion of the wider sidewalk that cannot be placed in the right-of-way. (b) Side yard. Minimum side yard is: (1) 15 feet where adjacent to or directly across an alley from a planned development residential subdistrict or an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and (2) no minimum in all other cases, but if a setback is provided it must be at least five feet. (c) Rear yard. Minimum rear yard is: (1) 15 feet where adjacent to or directly across an alley from a planned development residential subdistrict or an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and (2) no minimum in all other cases, but if a setback is provided it must be at least five feet.

Z134-113(WE)

(d) Floor area ratio. Maximum floor area ratio is 0.75. (1) In Subdistrict 1, the maximum floor area is 2,500 square feet. (e) Height. (1) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a one-to-three residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height. (2) Maximum height. Unless further restricted under Paragraph (1), maximum structure height is 30 feet. (f) Lot coverage. Maximum lot coverage is 60 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (g) Lot size. No minimum lot size. (h) Stories. Maximum number of stories above grade is two. Parking garages are exempt from this requirement, but must comply with the height regulations of Subsection (e). SEC. 51P-764.10[8](9). OFF-STREET PARKING AND LOADING. (a) In general. Consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. Except as provided in this section, consult the off-street parking and loading regulations in Divisions 51A-4.300 et seq. for information regarding off-street parking and loading generally. (b) Parking setback. Required off-street parking is prohibited within 30 feet of the public street, measured from the back of the curb (or if there are no curbs, what would be the normal curb line). (c) Parking screening. (1) Required off-street parking must be screened from the street using the methods listed in Section 51A-4.301(f)(5). (2) Required off-street parking must be screened from adjoining residential property by screening as described in Section 51A-4.301(f)(3).

Z134-113(WE)

(3) A perimeter landscape buffer strip complying with Section 51A-10.125(b)(1) must be provided on the residential side of any screening required by this subsection. Perimeter landscape buffer strip materials must comply with Section 51A-10.125(b)(7). SEC. 51P-764.10[9](10). ENVIRONMENTAL PERFORMANCE STANDARDS. (a) Except as provided in this section, see Article VI. (b) Outside amplified speakers are prohibited. SEC. 51P-764.11[0](1). LANDSCAPING. (a) In general. The regulations in this section must be read together with the regulations contained in Article X, "Landscape and Tree Preservation Regulations." In the event of a conflict between this section and Article X, this section controls. (b) Front yard landscaping. If a 15-foot front yard is provided, it must be landscaped as follows: (1) At least 40 percent of the front yard must be landscaped with trees, shrubs, or a combination of trees and shrubs, that have the potential to attain a minimum height of 30 inches within a three-year period. (2) One tree having a caliper of at least three and one-half inches, or two trees each having a caliper of at least one and one-half inches, must be provided in the front yard for each 30 feet of lot frontage, exclusive of driveways, visibility triangles, and points of ingress or egress. (3) No more than 60 percent of the front yard may be landscaped with walkways, plazas, courtyards, or other non-plant decorative landscape features. (4) An underground irrigation system must be provided in the front yard. SEC. 51P-764.11[0](2). FENCE. Subdistrict 1. A minimum 6-foot solid fence must be provided on the residential side and the material must comply with Section 51A-4.602(b). SEC. 51P-764.11[1](3). SIGNS. Signs must comply with the provisions for business zoning districts in Article VII. SEC. 51P-764.11[2](4). ADDITIONAL PROVISIONS. (a) The Property must be properly maintained in a state of good repair and neat appearance.

Z134-113(WE)

(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-764.11[3](5). COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, in this district 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. [SEC. 51P-764.114. ZONING MAP.] [PD 764 is located on Zoning Map Nos. K-8 and K-9.]

Z134-113(WE)

AERIAL MAP 1:2,400 14

Case no: Date:

Z134-113 12/3/201 3

Z134-113(WE)

Upholstery store

Furniture Store General merchandise or food store

Furniture Store

Single Family

Office

Z134-113(WE)

Z134-113(WE) CPC RESPONSES

Z134-113(WE)

Notification List of Property Owners Z134-113 108 Property Owners Notified

Vote O

2 Property Owners Opposed

Label # Address

5 Property Owners in Favor

Owner

4619

2ND AVE

LEE DIANN JOHNSON

4627

2ND AVE

CNB REAL ESTATE LLC

4615

2ND AVE

ADKINS JOHN & VIRGINIA

4610

VERDUN AVE

HOWARD JAMES

4602

VERDUN AVE

COX SAMUEL L &

4606

VERDUN AVE

HOWARD JAMES

4614

VERDUN AVE

LIFENET COMMUNITY BEHAVIO

4618

VERDUN AVE

BLUE TOM III

4622

VERDUN AVE

FULL CIRCLE FUNDING LP

4626

VERDUN AVE

THAMES REAL ESTATE INC

4634

VERDUN AVE

ADAMS DANIEL

4519

2ND AVE

KING TROY A

4509

2ND AVE

MCADAMS HENRY A

4507

2ND AVE

GARRETT DANYEAL

4501

2ND AVE

BEAUTIFUL GATE BAPTIST

4502

VERDUN AVE

RUBIO GEORGE JR

4506

VERDUN AVE

BEAUTIFUL GATE MISSIONARY BAPTIST

4510

VERDUN AVE

JORDAN HELEN MARIE

4514

VERDUN AVE

JOHNSON MARGARET AP

4516

VERDUN AVE

KING TROY A

4519

VERDUN AVE

BEXAR EQUITY LP

4515

VERDUN AVE

NORTHERN TRUST COMPANY

4511

VERDUN AVE

TOLBERT MYRTLE &

4507

VERDUN AVE

MOORE GARY RENARD

3330

BERTRAND AVE

MOORE GARY

4506

SPRING GARDEN RD

CERVANTES AURELIO

Thursday, December 19, 2013

Z134-113 (WE)

Vote

Label # Address

Owner

4510

SPRING GARDEN RD

CERVANTES AURELIO

4518

SPRING GARDEN RD

WILSON MARIE

4635

VERDUN AVE

SURRELL NANCY MAE

4629

VERDUN AVE

THOMAS MELVIN L

4627

VERDUN AVE

JB III INV INC

4623

VERDUN AVE

GOLDSTEIN JAKE ET AL

4619

VERDUN AVE

FELTON ALONNA

4615

VERDUN AVE

MCGILL CURREY

4611

VERDUN AVE

PAYNE CARRIE ESTATE OF

4607

VERDUN AVE

WOODSON DORIS J

4601

VERDUN AVE

MATTHEWS LETRICIA

4600

SPRING GARDEN RD

MOCK EARNEST JR

4600

SPRING GARDEN RD

MOCK EARNEST JR EST OF

4606

SPRING GARDEN RD

WINN SAMUEL LAVON

4610

SPRING GARDEN RD

NANCE RONALD E J

4614

SPRING GARDEN RD

EDNEY MARGARETTE

4618

SPRING GARDEN RD

ROBERTSON EMMA J GADBERRY

4620

SPRING GARDEN RD

GALLAGHER MATTHEW LY

4624

SPRING GARDEN RD

SMITH ORINE

4630

SPRING GARDEN RD

JOSE B

4634

SPRING GARDEN RD

HENDERSON LOUISA

4635

SPRING GARDEN DR

HALL JUDGE M

4631

SPRING GARDEN RD

KNOX GERTRUDE &

4627

SPRING GARDEN RD

JONES DELPHIA

4623

SPRING GARDEN RD

JOHNSON DIANE

4619

SPRING GARDEN RD

TOPLETZ DENNIS

4613

SPRING GARDEN RD

HARIS & HARRIS PROPERTIES LLC

4607

SPRING GARDEN RD

RICHARDSON TATJANA

3517

SIDNEY ST

DALLAS HOUSING ACQUISITION & DEV

4510

2ND AVE

BRIGHT ELLA

3508

BERTRAND AVE

WILLIAMS JOHNNIE MAE

Thursday, December 19, 2013

Z134-113 (WE)

Vote O

Label # Address

Owner

4520

2ND AVE

PALMER BENNIE E &

3511

YORK ST

FELDER KEVIN D

3515

YORK ST

GONZALEZ MRCO ANTONIO

3519

YORK ST

THOMLINSON MARVIN

3523

YORK ST

WHITE LELAN M

3527

YORK ST

BERRY GERTIE LEE EST OF

4610

2ND AVE

DALLAS STOVE HOSP INC

4600

2ND AVE

WALSTAD SCOTT ROBERT

3510

YORK ST

DALLAS HOUSING ACQUISITION &

3516

YORK ST

OLIVER IARISSA

3518

YORK ST

DALLAS CITY OF ETAL

3522

YORK ST

SINGHAL FAMILY HOMES LLC

3526

YORK ST

MURKLEDOVE LARRY

3530

YORK ST

MYLIN INVESTMENTS

4614

2ND AVE

HARRIS HERBERT JR

3509

KENILWORTH ST

HARRIS HERBERT JR

3515

KENILWORTH ST

YOUNG ROBERT L JR

3519

KENILWORTH ST

RIVERS ODESSA

3523

KENILWORTH ST

GREEN BETTIE

3525

KENILWORTH ST

BLACK LANE R ETAL

3531

KENILWORTH ST

DANIELS BRENDA

3603

KENILWORTH ST

SYLVESTER DAVIDSON

3607

KENILWORTH ST

TENCH EDWIN E

4630

2ND AVE

JB III INVESTMENTS INC

3514

KENILWORTH ST

HENDERSON CURTIS EST OF

3518

KENILWORTH ST

JACKSON TOMMIE LEE &

3522

KENILWORTH ST

JONES VERLINE COOKS

3526

KENILWORTH ST

BULLARD PATSY R

3530

KENILWORTH ST

TAPIA MANAGEMENT LLC

3602

KENILWORTH ST

SNEED JEROME

3606

KENILWORTH ST

SELMA VENTURES LTD

Thursday, December 19, 2013

Z134-113 (WE)

Vote

O O

Label # Address

Owner

3609

HATCHER ST

ABOVO CORP

3603

HATCHER ST

TRAYLOR DORETHA

3525

HATCHER ST

TOPLETZ HAROLD & JACK

3523

HATCHER ST

KHAMOOSHI FARZAD

3519

HATCHER ST

THAMES REAL ESTATE INC

3515

HATCHER ST

STOKER LEIWANDA &

3334

HATCHER ST

LEE HEE D

3308

HATCHER ST

HOPPENSTEIN PROPERTIES

4727

2ND AVE

KIM MYUNG H

4712

2ND AVE

FORD JACQUELINE A ETAL

3521

SIDNEY ST

DALLAS CITY OF COUNTY OF

100

3510

HATCHER ST

DAVIS DOUGLAS E JR

101

3514

HATCHER ST

DAVIS DOUGLAS E &

102

3516

HATCHER ST

FENDER H R

103

3524

HATCHER ST

POURAHMADI MOE

104

3526

HATCHER ST

HOLLAND WILLIAM

105

3530

HATCHER ST

GRANT JOHNNY C

106

4640

2ND AVE

CAIN KENNETH THOMAS &

107

3506

KENILWORTH ST

CAIN REALTY CO

108

4700

2ND AVE

HAMM GUY L & JOYCE

Thursday, December 19, 2013

AGENDA ITEM # 57 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

66 W

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an Open-enrollment charter school and a Child-care facility on property zoned an R-7.5(A) Single Family District on property bounded by Palo Alto Drive, South El Centro Way, Texoma Way, Morgan Drive, and San Jose Avenue Recommendation of Staff: Approval for a three-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan, traffic management plan and conditions Recommendation of CPC: Approval for a two-year period, subject to a site plan, traffic management plan and conditions Z123-280(RB)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-280(RB)

DATE FILED: May 18, 2013

LOCATION:

Property bounded by Palo Alto Drive, South El Centro Way, Texoma Way, Morgan Drive, and San Jose Avenue

COUNCIL DISTRICT: 8

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 167.01

Approx. 4.64 Acres

66 W

APPLICANT/OWNER:

American Can dba Texans Can

REPRESENTATIVE:

Ralph Martinez

REQUEST:

An application for a Specific Use Permit for an Openenrollment charter school and a Child-care facility on property zoned an R-7.5(A) Single Family District.

SUMMARY:

The applicant is proposing to operate an open-enrollment charter school for high school students as well as a childcare facility utilizing the existing improvements on the property.

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

Z123-280(RB)

Guiding Criteria for Recommendation: Staff recommends approval of the request, subject to a site plan, traffic management plan, and conditions, based upon: 1. Compatibility with surrounding uses and community facilities – The request will utilize existing improvements once occupied by a similar use (public school) which co-existed with an adjacent church and accessory child-care facility and low density residential uses. The site is bounded by public rights-of-way, thus creating additional setbacks from the existing housing stock in the immediate area. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – Institutional uses such as the two requested are generally found in close proximity to residential uses. 3. Not a detriment to the public health, safety, or general welfare – The attached conditions ensure all unloading/loading activities are conducted on-site. Additionally, periodic updates will be required to the Traffic Management Plan so as to monitor vehicular activity associated with the request. 4. Conforms in all other respects to all applicable zoning regulations and standards – A valid certificate of occupancy will be required as well as compliance with the approved (pending a future City Council public hearing) site plan and conditions. No variances or exceptions to the base zoning district are part of this Special Use Permit request. BACKGROUND INFORMATION: •

The request site is developed with multiple buildings/areas previously utilized for a public elementary school (Alta Mesa Elementary School-Wilmer Hutchins School District).

•

The applicant is proposing to operate an open-enrollment charter school for high school students as well as a child-care facility utilizing the existing improvements on the property.

•

The proposed school will accommodate an anticipated maximum enrollment of 350 students and a maximum of 60 children for the child-care facility.

•

The child-care facility will serve both the high school students who maintain a family as well as being available for parents’ child-care needs outside of any affiliation with the school.

Zoning History: There have been no zoning requests in the area within the past five years. 2

Z123-280(RB)

Streets

Designation; Existing & Proposed ROW

Palo Alto Drive

Local; 50’ ROW

South El Centro Way

Local; 60’ ROW

Texoma Way

Local; 50’ ROW

Morgan Drive

Local; 50’ ROW

San Jose Avenue

Local; 50’ ROW

Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the applicant’s traffic management plan and supports as an acceptable analysis. No additional drive approaches or additions to the public street system will be required to accommodate the requested uses. Scheduled updates are recommended by staff as noted in the attached conditions. 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. GOAL 1.2 Promote desired development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. Land Use Compatibility: The request site is developed with multiple buildings/areas previously utilized for a public elementary school (Alta Mesa Elementary SchoolWilmer Hutchins School District). The site possesses five street frontages and is surrounded by low density single family uses. A church is located at the east corner of Palo Alto Drive and South El Centro Way. 3

Z123-280(RB)

Staff has worked with the applicant to ensure the above referenced residential areas are not impacted by a school at this location. Certain site design (location of outdoor play areas, on-site circulation as required by the traffic management plan) has been incorporated into the applicant’s request. Off-Street Parking: A recent code amendment provides for certain institutional uses to establish specific off-street parking requirements when demonstrated (via a parking study or other documentation) and analyzed by staff. With regard to the proposed open-enrollment charter school, a parking study was provided to staff that assumes the child-care facility parks per code (one space/500 square feet of floor area). The proposed 17 classroom open-enrollment charter school requires 9.5 spaces for each classroom. The study presented a basis of 20 percent (provided by the applicant) of the students (350 maximum students) will drive and park on the campus property. Two similar schools are operated by the applicant and were considered for parking demands by the applicant’s traffic engineer. Based on staff’s review, support is given to an off-street parking ratio of 6.17 spaces/classroom for the school (limited to this applicant or a future school operator that can replicate the parking demands of the parking study) with code requirements for the child-care facility. Lastly, annual updates will be required for the first three years (coinciding with staff’s recommended time period) as well as continued updates every third year thereafter. Should parking demands increase, the site possesses significant unimproved areas that could be improved for surface parking. Landscaping: The site possesses some landscape materials provided during the initial construction of the improvements associated with the previous public school. The increase in nonpermeable surface areas (off-street parking) will trigger additional landscaping. The attached landscape plan captures existing landscaping as well as additional plantings, which has been approved by the chief arborist. Miscellaneous – Reported Offenses at applicant’s other school locations: During the October 24, 2013 public hearing, CPC instructed staff to provide any reported offenses for comparable school campuses similar in scope to the applicant’s request in this application. Of the other three campuses, only one has similar adjacency (residential) characteristics. Provided in this section is a summary of reported offenses since the issuance of a certificate of occupancy for this school (1227 Masters Road):

Z123-280(RB)

CPC ACTION (October 24, 2013) Motion: In considering an application for a Specific Use Permit for an Open-enrollment charter school and a Child-care facility on property zoned an R-7.5(A) Single Family District on property bounded by Palo Alto Drive, South El Centro Way, Texoma Way, Morgan Drive, and San Jose Avenue, it was moved to hold this case under advisement until December 5, 2013. Maker: Lavallaisaa Second: Shellene Result: Carried: 13 to 0 For:

Against: Absent: Vacancy: Notices: Replies:

Area: For:

13 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley 0 2 - Culbreath, Alcantar 0

300 5

Mailed: 65 Against: 0

For: Lew Blackburn, 325 W. 12th St., Dallas, TX, 75208 Against: Lionel Churchill, 7439 San Jose Ave., Dallas, TX, 75241 Arbertha Herrod, 5151 Lauderdale Dr., Dallas, TX, 75241 James Williams, 3019 Pine Trail Rd., Dallas, TX, 75241 Robert Lee Cornell, 3634 Moonstone Dr., Dallas, TX, 75241 Angel Brown, 6659 Cool Morn Rd., Dallas, TX, 75241 Frances Churchill, 7439 San Jose Ave., Dallas, TX, 75241 Against (Did not speak): Bernice Herod, 3002 Pine Trail Ct., Dallas, TX, 75241 Dieter King, 3002 Pine Trail Ct., Dallas, TX, 75241

Speakers:

(December 5, 2013) Motion I: It was moved to recommend denial without prejudice of a Specific Use Permit for an Open-enrollment charter school and a Child-care facility on property zoned an R7.5(A) Single Family District on property bounded by Palo Alto Drive, South El Centro Way, Texoma Way, Morgan Drive, and San Jose Avenue. Maker: Second:

Lavallaisaa Rodgers 6

Z123-280(RB)

Result:

Failed: 5 to 7

For:

Soto, Rodgers, Lavallaisaa, Tarpley, Shellene

Against: Absent: Vacancy:

7 - Shidid, Hinojosa, Bernbaum, Peadon, Murphy, Ridley, Alcantar 3 - Anglin, Culbreath, Bagley 0

Motion: It was moved to recommend approval of a Specific Use Permit for an Openenrollment charter school and a Child-care facility for a two-year period, subject to a site plan, traffic management plan and conditions on property zoned an R-7.5(A) Single Family District on property bounded by Palo Alto Drive, South El Centro Way, Texoma Way, Morgan Drive, and San Jose Avenue. Maker: Second: Result:

Hinojosa Ridley Carried: 9 to 3

For: 9 Alcantar

Shidid, Hinojosa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley,

Against: Absent: Vacancy: Notices: Replies:

3 - Soto, Rodgers, Lavallaisaa 3 - Anglin, Culbreath, Bagley 0 Area: 300 For: 1

Mailed:

65 Against:

Speakers: For: Richard Marquez, 325 W. 12th St., Dallas, TX, 75208 For (Did not speak): Lew Blackburn, 325 W. 12th St., Dallas, TX, 75208 Against: Marquita Shaw, 2648 Palo Alto Dr., Dallas, TX, 75241 Lionel Churchill, 7439 San Jose Ave., Dallas, TX, 75241 James Williams, 3019 Pine Trail Rd., Dallas, TX, 75241 Sandra Crenshaw, 1431 Quartet Dr., Dallas, TX, 75241 Frances Churchill, 7439 San Jose Ave., Dallas, TX, 75241

Z123-280(RB)

CPC RECOMMENDED CONDITIONS FOR A SPECIFIC USE PERMIT FOR AN OPEN ENROLLMENT CHARTER SCHOOL AND A CHILD-CARE FACILITY 1. USE: The only use authorized by this specific use permit is an open-enrollment charter school and a child-care facility. 2. SITE PLAN: attached site plan.

Use and development of the Property must comply with the

3. TIME LIMIT: This specific use permit expires on (three years from the passage of the ordinance), but is eligible for automatic renewal for additional five-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4. CLASSROOMS: charter school is 17.

The maximum number of classrooms for the open-enrollment

5. CHILD-CARE FACILITY. The maximum floor area for the child-care facility is 6,400 square feet. 6.

HOURS OF OPERATION: A. The child-care facility may only operate between 6:30 a.m. and 6:30 p.m., Monday through Friday. B. Use of the outdoor play area is prohibited before 9:00 a.m., Monday through Friday.

7. OFF-STREET PARKING: Except as provided in this section, off-street parking must be provided as required by the Dallas Development Code. A. spaces.

For a high school, 6.1 spaces for each classroom with not less than 105

B. For any open-enrollment charter school that does not comply with the attached Technical Memorandum dated September 20, 2013, parking must be provided as required by the Dallas Development Code.

Z123-280(RB)

TRAFFIC MANAGEMENT PLAN:

Traffic study.

i. The Property owner or operator shall prepare a traffic study evaluating the sufficiency of the traffic management plan. The initial traffic study must be submitted to the director by November 1, 2014. After the initial traffic study, the Property owner or operator shall submit updates of the traffic study to the director by November 1st of each year for the first three years, and by November 1st of each third year, thereafter. ii. The traffic study must be in writing, performed by a licensed engineer, based on a minimum of four samples taken on different school days at different drop-off and pick-up times over a two-week period, and must contain an analysis of the following: a.

ingress and egress points;

queue lengths;

c. unloading of students;

number and location of personnel assisting with loading and

drop-off and pick-up locations;

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

hours for each grade level; and

circulation.

Z123-280(RB)

b. If the director determines that the current traffic management plan results in traffic hazards or traffic congestion, the director shall require the Property owner to submit an amended traffic management plan. If the Property owner fails to submit an amended traffic management plan within 30 days, the director shall notify the city plan commission. D.

Amendment process.

(1) A traffic management plan may be amended using the minor plan amendment fee and public hearing process in Section 51A-1.105(k)(3) of Chapter 51A of the Dallas City Code, as amended. (2) The city plan commission shall authorize changes in a traffic management plan if the proposed amendments improve queuing or traffic circulation; eliminate traffic hazards; or decrease traffic congestion. 9. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 10. 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.

Z123-280(RB)

TRAFFIC M ANAGEMENT PLAN

Texas Can! Academy - Grant East Campus Dallas, Texas

August Zl, 2013

Prepared lor

RGM Architects

Ill HALFF .

•••

?. t.

~ "f/p/z;i,; T./J.1:£. rot,M ZIF-~

1201 North Bowser Road Richardson, Texas 75081 Firm Reg·sration No. 312

AVO 29621

Z123-280(RB)

Trxa' Can! Acadrmy · Grant East Ctunpus Dallas. Texa,s

Ausiur 21. 2011 AV02962J

Table of Contents I.

INTRODUCTION ........................................................ .

E.' isting and Future Road\vay Conditions ............. .

............. 1

TRAFFIC MANAGEMENT PLAN ............................ .

............. 2

I.I

II.

2. 1

Operational Characteristics ................. .

............. 2

2. 1.1 Trip Generation ............................ . ............. 2 2.2 Circulation ....................................................................................................................... 4 2.2. 1

Student and Staff Parking ......................................................................................... 4

2.2.2

Early Childhood Development Center (Daycare) .................................................... 4

2.2.3

Student Drop-off and Pick-up .................................................................................. 4

2.2.4

On-Street Circulation ................................................................................................ 5

2.3

Queue Lengths .................................... .

............. 5

2.3. I

High School Queuing .................. .

............. 5

2.3.2

Daycare Center Queuing ............. .

............. 5

Staff Assistance. .................................. .

............. 6

2.4 Il l.

RECOMMENDATIONS

............. ?

IV.

SUMMARY ............................... .

............. 8

. i.

•• :•:HALFF

•

Z123-280(RB)

A ll'g ust 27. 201J AV02962J

Tt'xa' Can! Academy · Grant East Qunpus /Jallas. Texas

INTRODUCTION

Halff Associates, Inc. (Halft) was retained by RGM Architects (Client) to prepare a T raffi c Manageme nt Plan (TMP) for the propos ed Texas Can ! Academy - Grant East Campus Charter High School (charter school) and Early Childhood Development Center (daycare) located in

Dallas, Tex.as. Figure 1 belo\Yis a map deLailing lhe site location. A copy of lhe site plan has been included in tile Appendc' on fahibit I.

Figul't> 1- S ite Location

~·1 a p

The site for the proposed school is the now vacant Alla Mesa Eleme ntary school (2901 Morgan

Drive), \Yhich is located in a residential neighborhood in lhe northeast quadrant of IH-20 and Lancaster Road. The proposed school will have a ma.,imum or 350 students and 24 staff members. The c-Jii ld care center \viii have a ma., imum of 84 children \Yilh 9 slaff members. 1.1

Exis ting and Future Roadw·ay Conditions

The proposed school is surrounded by residential streets on all sides. T o the north is Palo A Ito

Drive, \Yhich is an asphalt road\vay (\Yilh no curb) 24 feet in \Yidlh and El Centro Way, \Yhich is concrete road\vay (\Yilh curb and gutter) 36 feel in \Yidlh. Easl of the site is Tex.oma Way, \Yhich is a 20 foot \Viele asphalt road\vay. A long lhe southern edge of the site is Morgan Drive, \Yhich is a 27· \Yide asphalt road\vay. To lhe \Yest of lhe site is San Jose Avenue, \Yhich is a concrete road 36 feet in \Yidth. The re are no kno\YO proposed/planned improvements to existing road\vays surrounding the site.

- I -

!•! HALFF

Z123-280(RB)

Trxa' Can! Acadrmy · Grant East Ca.rnpus Dallas. Texa,s

II.

Ausiur 21. 2011 AV0 2962J

T RAFFIC MANACE~·I ENT PLAN

The purpose of the T raffic Management Plan (TMP) is 10 have established procedures for traffi c flo\v and circulation around the <Charter school and daycare faciliLy related to student drop-off and pick-up operations. Use of a TMP helps improve traffi c/student safety and helps ma.,imize the efficiency of drop-off and pick-up operations. The analysis summarized in this report identifies critical e leme nls of the T MP suc-.h as availab~ queuing space that is both on and off site, circulation patterns for Lhe chaner school and day care facilities, and the p roj ected trip generation (and estimated que uing) during rLhe morning and afternoon peaks.

2. 1

O perational Character istics

Based on information from the c lient, the charter school and day care facility \Viii have: • • • •

maximum of 350 students, ma.,imum of 84 children at ECDC (day care), 24 staff members for hig h school, and 9 staff me mbers fo r ECDC.

The daycare center will be open fro m 6:30 a.m. until 6:30 p.m. and the bigh school will be open from 7:00 a.m. unti l 5:00 p.m. Classes are scheduled to start at 8:00 a.m . and e nd at 4:45 p.m. T ypical operations for a daycare facility result in traffic no\VS that are spread out over the peak hours of operation. For school~ the peak times of traffic no\v are concentrated around the slart and end of c lasses and are shorter than an hour (1ypically 30 minutes). \Vith the daycare facility being combined on site \Vith Lhe c harter school~ the dynamics of traffic flo\V during the peak times for both uses changes. S tudents and slaff arriving al the school that are dropping c hildren off al the d aycare \Viii arrive earlier than sludents \vi.thout c hildren and \Viii leave later after picking up child ren. This applies to both studenls/s.Laff that drive Lo school and those students that are dropped o ff/picked up by relatives. The res ult is a spread of peak traffic volumes related to the schoo~ but a consolidation of traffi c volumes for the daycare facility. It is anticipated that peak traffic no\VS :for the site \Viii occur in the morning bet\veen 7: 15 and 8: 15 a.m. and in the afternoon bet\veen 4:45 and 5:45 p.m. It is anticipated that the peak fifiee n minutes of no\v \Viii occur bet\veen 7:30 and 7:45 am. and again al 5:00 to 5: 15 p. m. Furthenno re, the afternoonfevening peak \Viii be the c ritical time period for queuing and a TM P given that pick-up operations tend to take longe r tb an drop-off and drivers picking up students tend to queue prior to the dis missal of class. The follo\ving analysis and discussion covers both the AM M d PM operations , but focuses on the TMP fo r the PM peak time period. 2.1./

Trip Genera1io11

Developme nt of trip generation proj ections for the charter school and daycare \Vas based on a combination of data from the rfE Trip G eneration Manual - Ninth Edition and data from other charter schools operated by Tex<JS Can ! Academy. - 2-

:•:HALFF

Z123-280(RB)

Trxa' Can! Acadrmy · Grant East Ctunpus Dallas. Texa,s

AU81W 27. 201) AV02962J

As stated above, the charter high school \Viii have a maximum of 350 students. Data provided by Texas Can! Academy sho\VS the anticipated modal split o f students, \Vhich is: • • •

70 percent of students \viii \Valk or use trans it (the re is a DA RT route on Morgan Drive), I0 percenl of students will be dropped off (picked up) by relatives/parents, and 20 percent \Viii drive O\VR vehicle.

T herefore, 245 students will walk or ride the bus (DA RT), 35 students will be dropped off/picked up by relatives/parents, and 70 students will drive. It is assumed that all 24 staff me mbers \Viii drive. Combining staff and students that res ult in vehicular trips, it is anticipated that there \viii be 129 trips inbound to the school in the morning. The outbound or exiting trip total \VOuld be 35 trips, \Vhich are the vehicles leaving the s ite after dropping of students. ln the afternoon, the trip generation \Vould be opposite of the rmoming totals, \Vith 129 trips e xiting the site and 35 trips e ntering. For the daycare facility, 50 percent of the c hildren (42) will be from a student attending the charter high school, 10 percent will be children (8) o f staff members, and the remaining 40 percent \Viii be fro m the surrounding community. It is not anticipated that students \Vho \Valk or use transit will have a c hild in the daycare facility. Thus 60 perrent of the trips related lo the daycare are already captured in the trip generation totals for the high school. For the remaining 40 percent (34 children), the trip generation totals were based on the IT E trip generation data (ITE Land Use Code 565). In the AM peak, there are 32 trips (17 in and 15 out) associated with the 34 children from the community. In the PM peak there are also 32 trips (15 in and 17 out). T he daycare is open fro m 6:30 am. until 6:30 p.m., w hich results in not all of the nine staff me mbers arriving during the morning peak or leaving l\Vith the evening peak. It is anticipated that half of the daycare s taff will arrive and/or depart during the peak hours. The combined trip generation estimates for the daycare are 37 trips in the morni ng peak hour and 37 trips in afiernoonlevening peak hour. Trip generation for the school and daycare are s ummarized in T able I below.

Table 1- Trip Cenel'alion Sun1n1a_ry for \' ehicle T1ips AM-Peak Hour

Independent Variable

Units

High School

Students

Daycare·

Children

land Use

...

PM-Peak Hour

O ut

Total

Out

Total

350

129

164

129

164

34··

151

201

151

201

Total Trips

r np$ rcb1l:d IQ child11:n uf c dentitJlllff iw 1n<.'.ludi:d 1n hi£h :idlool tnp ~ • • Th: 34 clild11:n indk aN iw fli:m the cocnmunity.

. J .

• • HALFF• :•:

Z123-280(RB)

Ausiur 21. 2011

Tt'Xa3 Can! Acadt'm}' • Gra111 East Ca1npus

AV02962J

Dallas. Texas

2.2

Circulation

S ince lhe site is currently vacant, there \Vere no operations to observe. The follo\ving discussion is based on anticipated site operations as s ho\vn in :E., hibit I of the Appendi., .

2.2.I

Srnd<ru and Swjf Parking

As part of the redevelopment of lhis site, t\VO lle'\V drive\vays \Viii be constructed to seJVe the additional parking areas lhat are b!ing built north of the campus buildings. One ne\V drive\vay \Viii be located on El Centro Way and the other on ~1organ Drive. The e xisting drive\vay on Palo Alto Drive \Viii remain lo serve the student/sta ff parking lots and parking s talls c losest to the school will be designated for staff only (See Exhibit I). Signage at the e ntrances to the parking lots \Viii indicate student ancVor staff parking \Vilh students using the drive\vays connecting to El Centro Way and Palo Alto Drive and staff being allo\ved to use all lhree drive\vays.

2.2.2 Early Childhood Developmem CetUer (Daycare) W ilh lhe ne\V daycare center, a one-\vay loop drive \Viii be cons tructed adjacenl to the daycare faci lities thal fro nl ~1organ Drive. The loop drive \Viii have angled parking lhat is designated only for daycare drop-off/pick-up operations. h is anticipated thal community members \Vith childre n at the daycare and students \Vith children at lhe daycare, \Vho are being dropoed off by relatives/pare nts. \Viii be those using lhe daycare loop drive\vay. Students and staff \Vho have their O\VO vehicle \Viii park in the student/staff lot and \viii \Valk over to the daycare to drop off their child. After schoo~ students \Vilh childre n in daycare and thal are being picked up by a parent or relative will walk over to the daycare facility lo p<ck up their child and then be picked up al the loop drive. Sludents \vi.th children at daycare and their O\VO vehic le \Viii also \Valk over to the daycare center lo retrieve their child and then \Viii \Valk to their vehicle in the staff/student parking lot.

2.2.3

Srndem Drop-ojfand Pick-up

Based on lhe modal split discussed previously, il is anticipated that approximately 35 students would be dropped off and picked up by relatives. or those 35, twe lve are anticipated to have a child at the daycare facility (and are accounted for in daycare related vehic~ circulation); leaving 23 students associated with the high school drop-off and pick-up operations. In the afternoon, parents \Viii form queues up\vards of 20 minutes prior to c lass dismissal These queues quickly dissipate (typically \Vilhin 15 minutes) follo\ving dismissal. To minimii.e impact to the res idential streets, it is desirable to contain que ues on the site \Vhere feasible. To lhat e nd, Halff is recommending an ons ite drop-off/pick-up area that will seive the projected needs of the faci lity. Exhibit I in the Appendix shO\VS the proposed pic k-up loop \Vith vehicles e ntering the s ite from the El Centro Way driveway, looping through tl-.e studenl/staff parking lot and que uinglpickup/dro~off operations adj acent to lhe staff only parking areas. The anticipated queue c.apacity for this loop is 620 feet or approximate ly 25 vehicles (assuming 25 feel per vehicle). - 4-

•• 1•111HALFF

•

Z123-280(RB)

All81W 27. 201J

Tt'xa' Can! Academy · Grant East Ca1npus Dallas. Texas

AV01962J

It is reoommended lhal parki ng/standing be restricfed on ~1organ Drive from lhe intersection at San Jose Avenue easl Lo the e xil of lhe daycare loo p drive\vay. This \Vould e liminate connicls with the DART busses, which stop j ust east of San J ose Avenue.

2.2.4 On-S1re.e1 Circula1io11 AU lhe streets s urrounding lhe site are residential road\vays of varying \vidlhs. A site visit of the area on a \Veekday in lhe late afternoon indicated very IO\V vehic le volumes on lhe adjacent streets. It is anticipated that the school related tra ffic \Yill have minimal impact on lhe traffic flo\v s urrounding the site. It is recomme nded that the existing signage for one-\vay restrictions on ~1organ Drive during sc-Jiool hours (lhal \Yhere in place for Alla ~1esa Elementary) be removed and t\VO-\vay traffic be allo\ved al all times.

2. 3

Q ueue Lengths

For Lypical school operations, ma,imum que uing occurs in the afternoon \Vhen students are being picked up. The queues \viii build in the 20 minutes prior to dismissal and then begin to dissipate as students are picked up. Vehicle queues are nearly e liminated \Vilhin Lhe 15 minutes after dismissal. This same pattern is anticipated for lhe p roposed charter high school and the daycare faci lity.

2. 3.1

High School Queuing

As \Vas discussed above, 10 percent of the students are anticipated to be picked up after school. Of the approximately 35 students, twelve of those w ill walk to the daycare to pick up a child and then be picke d up at Lhe daycare center. The remaining 23 students \Yill be picked up al one of the pick-up areas discussed in the previous section. Therefore, it \Vas assumed that the maximum queue would be 23 vehicles or 575 feet in length (assuming 25 feet per vehicle) and would occur near the dismissal time of 4:45 p. m. Based on the proposed circulation/que uing plan, all of the anticipated que ue \Yill be contained on s ite. This assumes a \VOrst case scenario \Yhere all 23 vehicles are que ued up prior to dismiss.al.

2.3.2 Daycare Cen1e.r Queuing T he peak times for the daycare \viii occur bel'-Vttn 5:00 and 5: 15 since students \Viii \Valk to the daycare facility follo\ving Lhe dismissal of class. It is expected thal all 14 students Lhal are picked up by parents/relatives and that have a child in daycare will be picked up within the 15 minute peak period ln addition, it is anticipated that approximately four c-Jii ldren from the surrounding community \viii also be picke d up in the 5:00 to 5: 15 p.m. time period. That is a tolal of 1S vehicles cycling through lhe daycare loo p drive\vay in the peak 15 minutes to pick up childre n. Pick-up operations for the daycare \Viii consist of parents/relatives parking in one of the available spaces, retrieving lheir c hi ld (and studenl if applicable), and then departing. This can take an average of four minutes per child. With seven avai lable parking spaces (plus t\VO handicap parking) a total of 26 children ( 15 min/4 min/space.X 7 spaces) can be picked up from daycare in . J.

•• :•:HALFF

•

Z123-280(RB)

Trxa' Can! Acadrmy · Grant East Ctunpus Dallas. Texa,s

Ausiur 21. 2011 AV02962J

a fifteen minute period. Therefore, it is anticipated that the proposed loop drive \Viii be able to contain all pick-up activity associated \Yith the daycare facility during the afternoon peak.

2.4

Staff Assistance

For eleme ntary and middle schools, assistance from staff is necessary to optimize traffic no\v, especially during the afternoon pick-up. For high school~ students are more self-sufficie nt, so staff assistance is not required during student pick up, but high sc-Jiool staff \viii monitor traffic operations to e nsure a safe and efficie nt no\v of traffic. Staff from the daycare facility \Viii monitor the circulation of students and parents to optimii.e traffic no\v, minimize vehicular congestion, and maintain a safe e nvironme nt for pedestrians.

. 6-

•• :•:HALFF

•

Z123-280(RB)

All81W 27. 201) AV02962J

Tt'xa' Can! Academy · Grant East Ca1npus Dallas. Texas

Ill.

RECOMME!\DATIO NS

Based upon infonnation provided by the c lie nt regarding the proposed high school and daycare center, the propostd improvements planned for the site and the existing conditions of lhe streets adjacent to the site, Hal ff provides the follo\ving recommendations for the Traffic Manageme nt Plan: • • • • •

• •

•

• •

Specify student parking spacx:s in the lot on the nonh side of the site. Encourage students to accx:ss the parking spaces off Palo Alto Drive. Specify staff parking in spaces located on the north side of lhe s ite nearest Classroom Buildings G & H and adjacent to the child care play area along the east side of lhe site. Staff c.an use any access drive to the p.arking, but enoourage staff to use the access drives off El Centro Way and Morgan Drive. Daycare operations will take place in the proposed loop drive off Morgan Drive with a total of9 parking spaces to be used, if needed, while dropping off or picking up d 1ildren and students \Yith c hildren. Daycare staff \viii assis t in the drop-off/pick-up operations, as needed, to keep vehicles moving in the loop drive. O n-site queue space fo r lhe pick up of students \viii take place in the drive aisle adjacent to Classroom Buildings G & H and the drive aisle east of the child care play area. T his area provides approximately 3 10 feet of que ue spare or 12 vehicles \Yith an additional 310 feel back in the student parking areas for a total of 620 feel. Restrict parkingfstanding on the north side of ~1organ Drive bet"veen San Jose A venue and the daycare loop drive exit to keep the DART bus stop clear as well as the loop drive e x.it. Remove the e xisting ··One-Way.. \vilh school hour signs located at the Morgan Drive/San Jose Avenue and ~1organ Drive/ Te x.oma Way intersections. High School staff to monitor traffi c operations primari ly during the pick-up period.

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:•:HALFF

Z123-280(RB)

All81W 27. 201) AV02962J

Trxa' Can! Acadrmy · Grant East Ca1npus Dallas. Texa,s

IV.

SUMMA RY

T he proposed high sc-JiooVdaycare facility \Viii be located on an e xisting e lementary school site \Yilhin a residential area and on a DA RT service line. A site visit of the area on a \Veekday in the late afternoon indicated very (O\V vehicle volumes on the adjacent stree ts. The previous e~mentary school had minimal on-site parking and no loop drives to serve student drop off and pick up operations. (It was assumed all drop-off/ pick-operations occurred on the stree t.) The ne\Vsite \Yill have e xpanded parking to adequately serve the anticipated parking for both students and staff. In addition, a loop drive \Vith parking is bei ng provided off Morgan Drive to serve the daycare operations. Based upon e xperience \Yilh existing high schools of this type, the large majority of students attending the school re ly upon public trans pon ation \Vhich greatly helps to reduce the number of parking spaces needed to serve the school and the number of vehicle trips to and from the site. In addition, approximately 12 peroenl of the studenl.S that attend the scl1ool also have a young child and the need for daycare services \Yhile in school. By having both uses on the site, this helps in reducing the number of vehicle trips generated by the site by combining one trip to serve both the school and the daycare. T he proposed plan should provide sufficie nt on-site parking to serve both uses based upon proposed e nrollments/staff and the projected break d o\vn of ho\v students get to and from the school. The proposed loop drive with angled parking in fro nt of the daycare facility on Morgan Drive s hould accommodate the drop-off/pick-up ope.rations \Vithout relying on the streel The proj ected ma.,imum queue fo r the high school pick-up operation (23 vehicles) should be contained on site in the queuing s pace provided in tile pick-up'drop-off loop that circles around the north and east sides of the school as s ho\vn in E.'h ibit 1. T he Traffic Management Plan will be used by the high school/daycare campus staff to provide a safe and efficient operation for the afternoon peak o perations. The afternoon pe-ak operations will be monitored by staffs al the high school and d aycare to insure the intent of the T raffic ~1anagem ent Plan is carrie d out. Adjustments to the plan \Yill be made, if needed, to maintain a safe and efficient operation.

. 8-

•11•=i• HALFF

•

Z123-280(RB)

Tf,\.Y>SCan/ _.-iradu~!I - Gra11t East Campus Parking & 路dlfdio11 & 路quisf

Charter High School, the parking demand (based on ITE) for the high school facility would be 81 spaces. For the daycare facility, the average parking demand (based on ITE) is 0.24 vehicles per student. Al a projected maximum capacity of 84 students, the parking demand for the daycare would be 20 vehicles. Combining the daycare with the high school yields a total parking demand for the Grant East Campus (based on !TE parking generation rates) of IOJ vehicles, or 0.29 vehicles per student (1 01 vehicles/350 students). For comparison, the City of Houston parking requirements for a high school are 9.5 spaces per c lassroom assun1ing 30 students per classroon1. W ith the c harter school size being lin1ited to 350

students, the c lass size will be approximately 20 students per class room (350 students/I? classrooms). Thus the parking requirement for a 20 student classroom is 6.5 spaces, which is a total I I0 for the high school (6.5 spaces/classroom X 17 classrooms). Adding the I3 spaces for the daycare facility (per City of Dallas), the total parking demand is 123 spaces, which is 0.35 required spaces per student ( I23 spaces/350 students). One final comparison is with the City of Plano parking requirements. For grades 9- JO, the parking require ment is one ( I) space per 6 students. For grades I I-I2, the requirement is one (I) space per J.5 students. With the Grant East Campus serving grades 9-12, the parking requirement rates where averaged lo one ( I) space per 3.75 students. This translates lo 93 required spaces for the high school. Coupled with the parking spaces required for the daycare ( 13 spaces per City of Dal las) the total require ment would be 106 spaces, or 0.30 spaces per student (I 06 spaces/350 students). A summary of these three parking demand/requirement comparisons can be found in Table I below. Pa rking Demand Based on infomiation supplied by the clien~ approximately 20 percent of the students at the Grant East Campus charter school will drive their own vehicle and park al the school. With a maximum of 350 students, the projected parking demand related lo students is 70 vehicles. The proposed number of staff members for the high school is 24. Assuming one vehicle per staff member yields an additional 24 vehicles for the high school and a projected parking demand total of 94 spaces for the high school facility. For the daycare facility, parking is needed for the nine (9) vehicles re lated lo staff members. Adding the charter high school and daycare facilities together, parking de mand for the Grant East Campus is projected to be t03 vehicles, or 0.29 vehicles per student (103 vehicles/350 students). Exhibit I shows the proposed site parking. To verily that the parking demand numbers for the Grant East Campus as discussed above are adequate, a comparison lo parking provided al the ex isling Ross Avenue Campus and the parking demand al the Pleasant Grove Campus was prepared. The Ross Avenue Campus is located al 4601 Ross Avenue, Dal las, Texas. It is located on a DART bus route similarly to the Grant East Campus (DART route 553). The Ross Avenue Campus has 350 students and 25 staff members al the high school and 90 children with I4 staff al the onsite daycare facility. Field observations of the provided parking show a total number of

. 2 .

Z123-280(RB)

Tf,\.Y>S Can/ _.-iradu~!I - Gra11t East Campus Parking & ·dlfdio11 & ·quisf

113 available parking spaces, which includes 66 spaces for students, 34 spaces for stafl; 8 spaces for the daycare facility, and 5 handicap spaces. The ratio of parking spaces to students is 0.32 spaces per student (113 spaces/350 students). Staff at the Ross Avenue Campus has indicated there is sufficient parking for the current operations of that site. At the Pleasant Grove Campus there are 309 students enrolled with 40 total staff (high school and daycare) and a daycare facility similar to the proposed Grant East Campus. Based on an observation completed on Monday, August 26, 2013, the peak parking demand for the complete Pleasant Grove Campus at !0:30 am. was !r/ parked vehicles or 0.28 vehicles per student (!r/ vehicles/309 students). This is very similar to the parking demand ratio for the Grant East Campus (0.29 vehicles per student), the ITE parking demand ratio (0.29 vehicles per student) and the City of Plano parking demand ratio (0.30 vehicles per student). Scal ing the parking demand ratio from the 309 students at the Pleasant Grove Campus up to the 350 students projected for the Grant East Campus, the parking demand at the proposed facility (Grant East) would be 98 vehicles, which is within five (5) vehicles of the projected parking demand ( !03 vehicles) as discussed above. Based on the comparison to the Ross Avenue and the Pleasant Grove campuses, the projected parking demand of I03 vehicles for the proposed Grant East Can1pus is within the expected parameters. The projected parking demand rates are comparable to the parking demand rates from the /TE Parking Ge11erario11 Manual and the City of Plano and, therefore, represent an accurate depiction of parking demand for the proposed facility. Table I below summarizes the parking demand based on the different sources discussed above and also includes the observations from the Ross Avenue and Pleasant Grove campuses. Table 1 - Par king Demand/Requirements and Observations Summary Standard Source

Citv o f Dallas

ITE City o f Houston

City o f Plano

Use

Variable

Parking Ratio per Variable

Spaces Required

High School

Oassrooms(17)

9.S

162

Daycare

per soo sqn (12.81

High School

Students (350)

0.23

Daycare

Students (84)

0.24

High School

Oassrooms(17)

6.S

110

Daycare

per 500 sqft (12.81

1.0·

High School

Students (350)

0.267

Daycare

per 500 sqft (12.81

1.0·

Surplus/Deficiency To City of Dallas Standard (175] 11201

Total Spaces Required

Provided Parking

17S

·SS

n/ a

101

• 19

.f.7

123

-3

-S2

106

• 14

.f,9

-70

Observations Pleasant Grove

309 students (40 staff)

0.28

gg••

>22

Ross Avenue

350 students (39 staff)

0.32

113

•7

-SS

Grant East (Projected)

350 students (33 staff)

0.29

103

• 17

.SS

NoCJty standard given. us~d Cir;- of DaJlas stand.ard •• ?rojec«!d for 350 stu<fenlS

- 3 -

Z123-280(RB)

Ti~ Q:q/ _ -'i&atkll!J' - Gn:11t &sf Camp:;s Pt:rl:i11g fud:/~11 & q11i1f

Pa rking Reduction Request. The proposed plans for the Grant East Campus show a total pa:rking supply of 120 spaces (0.34 spaces per student), which includes 5 handicap spaces, 7 dedicated spaces in front of the d aycare facility, and 108 remaining spaces to the north and east of the buildings. The provided parking of 120 spaces is 55 spaces less than the City of Dallas requirements ( 175 spaces), but is 17 more than the projected parking demand (1 03), which is based â&#x20AC;˘OD operational information and observations from the other similar Texas Can Academy faci Ii ties. The provided number of parking spaces also exceeds the parking demand projections lxlsed on ITE Parking Generation data (1 01 total ve hicles) and City of Plano requirements ( 106 spaces), and is on par with the City of Houston parking requirements (123 spaces). Table 2 below s ummarizes the provided parking in relation 10 the City of Dallas reqt1irements and the attachod Exhibit I shows the proposed parking for the campus.

Table 2 - Summary o f Pa rking Supply versus Requirements School Site

Grant East campus

Variable

Parting Ratio per Variabfe

Spaces Required PerOOO

Total Spaces Provided

Surpfus/ Oeficiiency to COO Standard

High School

Classrooms ( 17)

9.5

162

! OS

-57

()aye.are

~ 500 sqft (12..8)

1.0

â&#x20AC;˘2

Use

S111nn1ary

Based on the discussion presented a bove, Halff Associates, Inc. believes that the provided parking totaUof 120 spaces will meet the projected parking demands of the Grant East Campus. A very large percentage of students that attend Texas Can high schools rely heavily upon public transportation to get to and from school. As with the Ross Avenue site (350 students), the Grant East Campus site is on a DA RT route, which makes it very convenient for students to access the school. If it is determined at a later date that additional parking is necessary, there is sufficient space on the site for a:dditional parking. Halff <iloes not anticipate additional parking being required unless the campus is ex paneled from that currently proposed.

- 4 -

Z123-280(RB)

I I

I I I I

I ~ >~

Ill !i

\ <:

....

:<~:~I

17,200$.F. 1,63$ s.F. 1M s.F. 1,538 S.F. 1.729 S..F.

6.J.OOU.

----

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(WRIQIT-OfJNAV)

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PALO ALTO DRIVE

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Toxo,,,c.nt 326W. 12thShot

D*taa. T*'XU75204

2QOtMorve11Drtve

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Orwll.EoslCotnplM;Chart.HlghSd\OCllRenovaotlon

(OBuldlngt):

32,eotJ.

202,118 a..f.(4..$4Ac.)

~tDBuldlngafor01..W$choolandQ\lldC..f:idUty

Prafod.Nlme:

Lot1,Blod:11/7&14.AIBlodtPabNitJandMOl"Q!WlinSSWl.loe9. Sul~AIM

LandAtM:

~OMcriptlon:

ProtoctAddl'fM'

-"""°"'

PROJECT DATA

~ --- -- ------ ----- -- ----------!I

11'

ALL BUILDINGS ARE EXISTING ALL BUILDINGS TO BE TO BE RENOVATED

~~ ....,

\ I

)

I ~ I I I

NOTE:

304 S.F.

E F

1,5311i SJ'.

1,a:M 8..f.

!200 S .F.

2111,144 S..F.

Site Plan with Parkino Reduction

8l.OG

9PQX!..~!}_Olf/,rM_r:ilCha.~w: .$~ .. f .H!Ql1.~l................

Building Areas OlDO D 0

St.DO 81..DO 8lOO H

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'aridng

-- - - ·''

---;rr=r-rrfr - ~,/ ~

Par1<1ng Spaces Size Handicap Palidng Spaces Slzo Compact Palidng Space• Size

Parking Lot Lighting

PROJECT DATA

8'·6" x 18"-0" long. 8'··0" x 18"-0" long. 1'·-6" x 16"-0" long.

3-30ft.Hlgh

R·75A

Dllllu,Tf!IM76241

.2001~n0ftlllt

Oa6M, T-76208

325W.12thStrMI.

Ttot1n1Cant

OPEN ENROLLMENT CHARTER SCHOOL

Lcl1, Bloc:k11/7&14, AIBkdPlb.Nl:olndMorgan#ldSanJot..

-°"""'',

~~:

Prapettrlor*1g:

LandAroa:(EntiroSi1o}

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School

Opon EnroUmont Charter School ChildCoroFOCilty

2123-280 (RB)

13 cars

17.5" 16.0ft.

32.544a.f.

202.119 a.f.((.64Ac.)

§lt!_9l!_!~.--------------·-·----·-···-··---~·----4•

. . ..

Floor Afoa 6400 s.f. Ra!Jo@ 1<:arJSOOs.f.

Parking Chlld Caro Facility

LOfldCovcrago StucturoH61ght

Building Alo.a ( 9 Buildings)

R~uirod

Sit& Plan

Specific.Use Permit (SUP) fur:

Oelllt._ Toxaa.

Zoning Case No. Z-123·280 Project Grant East campu• Charter School

32SW.111hSti"Ml f

1· • 30'·<J<

I Site Plan

OIJJR!,1'Q):llJJ1°!208

Texans Cafil Academy

29(H MorQan 0rtvo

Scale:

RGM Architects

I 5-2·13 I Revisions:

Ovmer/Applicant: Date:

North Arrow:

Arc:hitoct:

Proposed Site Plan

Z123-280(RB)

11 '

I ' I '

PALOAL'TVDRIVE

~-.-

- -.;.,.;..-.,.o..\;..

-- --- - .. - -

.L ____ ________ _____ _____ __ _ r· - -

Texas Can! Academy - Grant East campus 2901 Morgan Drive, Dallas, Texas

ALL BUILDINGS ARE EXISTING ALL BUILDINGS TO BE TO BE RENOVA TED

I ' l ' ~ l ~1~ ' I• ~-, % ~ I• I I • I ' I

__, ' N OTE:

Traffic Management Plan

UO'-~.......

""""""'"°"°""'

Not to Scale Ref. Dallas MAPSCO #66W

[

LEGEND

Student Pidi:11p Queue (Or'l·Site>

- - .,. Student Pick-up Ot cu1a tk)n Pa th

Pick·uo o ueuerrravel Path

No Parking/Standing Anytime

~ Daycare Circulation Path

Slgnage for Student/Staff Parting

Slgnage for Slaff Parting

DART Bus Stop

ECOC Staff AsSistant

~ Dtop~ff/Pidi:11p Area

Signage for Daycare £nuance

(:!)

Signage oavcare Exit

Cam pus Informat ion

8 :00 AM - 4:45 PM

Grades 9 ·12

Projected Enrollment: 350 Student s 84 St udents Daycare Enrollment:

Class Hours:

Academic:

Daycar e Hours: 6:30 AM - 6:30 PM

Qu eui ng !Passenger Vehi cles}

Pr ojected Demand: 575 ft ( 23 veh.)

On ·slt e - 6 20 ft (25 veh .)

Available Capacity:

NET Surplus/ Deficiency: 4S ft (2 veh.)

NOTE:

This Traffic Mo~ Pfan wos dntdoped to prr~nt tht! qllf!11in9 ofdrop-o!flpick.-.Jp rrfott-.d wllicks wirhin thr Oty rkJ'1t-of·woy. Thr Jdlool I doywrr odminhtratkm should ~r tothr TMP ond anydt!Jidvteyd!Jf! to Jp 11J aw:r of queuing Nito undrs.9notrdornn of tlH! City ri9fit-o{"llllay, NickJOlflg 1aodway t!awl loMs., 'Should br qxrrctrd by tM school irnmediatrty.

EXH IBIT 1

]

TMP Circulation Plan

Z123-280(RB)

速

VICINITY MAP

1:6,000

Z123-280

Case no: -~:...!..!:..=....=....:...._-

10/8/2013 Date: _ _....:....:... _ _ _ __

Z123-280(RB)

速

AERIAL MAP

Case no:

--=Z:. 1= . : 2-=3-=2-=80.:.___ 10/8/201 3

Date:------

1:3,600

Z123-280(RB)

Church

Single family

Z123-280(RB)

CPC RESPONSES

65 Property Owners Notified {69 parcels) _ __:_5'---- Replies in Favor (5 parcels)

Z123-280 CPC

0 Rep lies in Opposit ion (O parcels) --"'- , - - Area of Notification 3"'00

1:3,600

10/24/2013 Date

Z123-280(RB) Page 1 of 3 12/12/2013

Notification List of Property Owners Z123-280 65 Property Owners Notified Owner in Favor

Vote

29 Property Owners Opposed

Label # Address

1 Property

Owner

2901

MORGAN DR

AMERICA CAN/DBA TEXANS CAN

7624

SANTA ROSA WAY

CARY CEPHUS EST OF

7632

SANTA ROSA WAY

KIRK KELLY REAL ESTATE LP

7527

SAN JOSE AVE

MORRIS LLOYD D & KIMBERLY

7515

SAN JOSE AVE

GILMORE ROSCOE CONKLIN &

7507

SAN JOSE AVE

RAY LAWRENCE

7516

SAN JOSE AVE

WASHINGTON DAVID WAYNE

7508

SAN JOSE AVE

RED MOON PPTIES LP

2939

PALO ALTO DR

ALTA MESA BAPTIST CH

2808

PALO ALTO DR

ALLEN MARY A

2814

PALO ALTO DR

DANE JUDY &

2822

PALO ALTO DR

COOK DELOIS

2830

PALO ALTO DR

SHAW WANDA JEAN

2831

MORGAN DR

SHELTON WALLACE

2821

MORGAN DR

WILLIS CHAVOUS & GOLDEAN

2813

MORGAN DR

WASHINGTON RACHEL

2807

MORGAN DR

POSADA NOE

2816

MORGAN DR

ROBENSON WILLIE JAMES

2824

MORGAN DR

JOHNSON ALLEN RAY

2830

MORGAN DR

HISLAND CORP

2839

MOJAVE DR

BROOKS THERESA

2825

MOJAVE DR

AUGUSTIN RODERICK L

2819

MOJAVE DR

THOMAS BARBARA MARILYN

2912

MORGAN DR

MCNEAL DOUGLAS

2910

MORGAN DR

DURHAM JAVAN JR

2918

MORGAN DR

NOLEN SHANIQUA

Thursday, December 12, 2013

Z123-280(RB)

Vote X

Label # Address

Owner

2926

MORGAN DR

ROSE EVELYN

2934

MORGAN DR

WILSON HERMAN

2938

MORGAN DR

COX VALARIE A

2946

MORGAN DR

ROCK NATALIE

2931

MOJAVE DR

THOMAS ANNA L WILLIAMS

2927

MOJAVE DR

JACKSON LEE PERVIS EST OF

2921

MOJAVE DR

TRINITY MORTGAGE COMPANY

2915

MOJAVE DR

TATUM JOHNNIE LEE

2911

MOJAVE DR

YOUNG MINNIE P FOWLER

2905

MOJAVE DR

HARRISON JAMES O

3019

MORGAN DR

WALTONTERRY SONYA C ET AL

3035

MORGAN DR

MECCA APRIL INC

3027

MORGAN DR

JONES DOROTHY

7718

TEXOMA WAY

ESPINOZA ALFREDO G & YOLANDA

3010

MORGAN DR

LANKFORD OLIVER WAYNE

3020

MORGAN DR

KENNEDY MARTHA LEE

3028

MORGAN DR

HADNOT MYRIA LYNETTE

3037

MOJAVE DR

SMITH THEODORE EST OF & ALETHA M

3035

MOJAVE DR

BABERS JAMES H

3029

MOJAVE DR

BABERS CELESTINE

3025

MOJAVE DR

JOHNSON BESSIE

3013

MOJAVE DR

BIGGER BILLY & CAROL

2914

MIDWAY PLZ RD

POSANKA WILLIAM & AIMEE

2910

MIDWAY PLZ RD

SAN MIGUEL AND ASSOCIATES INC

2918

MIDWAY PLZ RD

REEDER REAL ESTATE LP

2922

MIDWAY PLZ RD

DAL TEX GROUP LLC

2926

MIDWAY PLZ RD

PARCHER M WILLIAM & ADRIENNE LISA

2930

MIDWAY PLZ RD

CUENCA ADRIAN & ARIENE

2934

MIDWAY PLZ RD

WILLIAMS BYRON

2938

MIDWAY PLZ RD

D DYNASTY INV

2942

MIDWAY PLZ RD

CHRISTOPHER ELLEN

Thursday, December 12, 2013

Z123-280(RB)

Vote X X

Label # Address

Owner

2946

EL CENTRO WAY

MORENO KIMBAR E &

2944

EL CENTRO WAY

ADAMS SYLVESTA

2947

EL CENTRO WAY

PRECISION GARDENS INC

2951

EL CENTRO WAY

WEST FORK PPTIES LLC

2919

EL CENTRO WAY

A&E ASSOCIATION CORP

EL CENTRO WAY

BGB TOTAL INC

2939

EL CENTRO WAY

PROCTOR ANTWAN

2931

EL CENTRO WAY

ADAMS SYLVESTA

Thursday, December 12, 2013

AGENDA ITEM # 58 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

59 A

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay on the northwest corner of Bruton Road and North Prairie Creek Road Recommendation of Staff: Approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions Recommendation of CPC: Approval for a two-year period with eligibility for automatic renewal for additional two-year periods, subject to a site plan and conditions Z123-329(WE) Note: This item was considered by the City Council at a public hearing on December 11, 2013, and was taken under advisement until January 22, 2014, with the public hearing open

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-329(WE)

DATE FILED: August 9, 2013

LOCATION:

Bruton Road and North Prairie Creek Road, northwest corner

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 0.31 acres

CENSUS TRACT: 90

59-A

APPLICANT:

Issam Saleh

OWNER:

Fazel Rahnani

REPRESENTATIVE:

Malik Parvez

REQUEST:

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

SUMMARY:

The purpose of this request is to allow for the sale of alcohol beverages for off-premise consumption in the existing general merchandise or food store.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z123-329(WE)

GUIDING CRITERIA FOR STAFF RECOMMENDATION: The following factors are listed in Chapter 51A of the Dallas Development Code to guide the determination as to whether or not an SUP shall be granted. Staff has listed its findings based upon each component below: 1. Compatibility with surrounding uses and community facilities – The existing general merchandise or food store is compatible and conforms with the adjacent retail and personal service uses. The additional alcohol use within the general merchandise or food store should not impact the surrounding uses negatively from a land use perspective. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – While the proposed use will be another service provided in the neighborhood, it is not foreseen that it will deter or enhance adjacent properties. The proposed SUP, if approved by the City Council, will have conditions that are associated with the use. An SUP could be revoked, have a reduced time period or not be renewed if the applicant does not comply. 3. Not a detriment to the public health, safety, or general welfare – It is not foreseen that this use would be a detriment to the public health, safety or general welfare of the community. 4. Conforms in all other respects to all applicable zoning regulations and standards – The request will comply with all zoning regulations and standards. The Dallas Police has determined that the request site is in compliance with Chapter 12B, a certificate of registration required for each physically separate convenience store. BACKGROUND INFORMATION: •

The request site is currently developed with a general merchandise or food store 3,500 square feet or less use.

•

The proposed request is to sell alcohol for off-premise consumption in conjunction with the general merchandise use on the property.

•

The general merchandise use is permitted by right. The sale of alcoholic beverages on property is prohibited in a D Liquor Control Overlay and requires a specific use permit in the D-1 Liquor Control Overlay.

•

The adjacent land uses consist primarily of retail and personal service uses.

Z123-329(WE)

Zoning History:

There have been no recent zoning changes in the area.

Thoroughfares/Streets: Thoroughfare/Street

Bruton Road North Prairie Creek Road

Type

Existing ROW

Proposed ROW

Principal Arterial Principal Arterial

100 ft. 80 ft.

100 ft. 107 ft.

Land Use:

Site

Zoning CR-D

North South East

CR-D CR-D CR-D

West

CR-D

Land Use General merchandise or food store with fueling station Retail & personal service Auto related uses, Car wash General merchandise or food store w/fueling station Retail & personal service

COMPREHENSIVE PLAN: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicantâ&#x20AC;&#x2122;s request. The Plan identifies the request site as being along a Transit or Multi-Modal Corridor Transit centers support a compact mix of employment, retail, cultural facilities and housing. Multi-modal corridors should encourage the redevelopment of aging autooriented commercial strip development while respecting existing single family neighborhoods. While normally located around DART light-rail or commuter rail stations, these building blocks could also be focused streetcar or enhanced bus corridors such as bus rapid transit. Examples of transit centers include the Mockingbird Station area, the Cityplace Station area and the Westmoreland Station area, and examples of multimodal corridors include the Lancaster and Ferguson Road corridor. These areas offer dense mixed use at the transit station or multi-modal corridor and then transition to multi-family and single-family housing at the edge. Of all the Building Blocks, this incorporates the greatest range of building structures and land uses, including multistory residential above retail to townhomes to single-family residences. Transit centers and multi-modal corridors may sometimes be near residential neighborhoods and call for appropriate mitigation requirements. Areas currently developed with single-family or duplex uses should generally be maintained unless redevelopment is addressed through an Area Planning process. Multi-modal corridors in particular would diminish quickly in scale, density, and intensity away from the corridor, respecting existing single family neighborhoods while maintaining a strong focus on transit orientation and access.

Z123-329(WE)

Interactive public plazas and/or civic uses will be centrally located and residential roof terraces and balconies overlooking transit station areas add â&#x20AC;&#x153;eyes on the streetâ&#x20AC;? that can aid public safety. LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. STAFF ANALYSIS: Land Use Compatibility: The "D-1" Overlay District is a Liquor Control Overlay District which requires an individual to obtain a Specific Use Permit in order to sell or serve alcoholic beverages, or setups for alcoholic beverages, for consumption on or off the premises. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The general merchandise use is also regulated by Chapter 12B of the Dallas City Code, Convenience Stores. This chapter applies to all convenience stores, which is defined as any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than 10,000 square feet of retail floor space; the term does not include any business that has no retail floor space accessible to the public. The purpose of Chapter 12B is to protect the health, safety, and welfare of the citizens of the city of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. This chapter establishes a registration program for convenience stores and provides requirements relating to:

Z123-329(WE)

• • • • •

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

• • • •

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

A separate certificate of registration to comply with Chapter 12B is required for each physically separate convenience store. A certificate of registration for a convenience store expires one year after the date of issuance and must be renewed annually. The Dallas Police has determined that the request site is in compliance with Chapter 12B. Development Standards: DISTRICT

CR-D-1 Community retail

SETBACKS Front 15’

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

Density

Height

Lot Coverage

Special Standards

0.75 FAR overall 0.5 office

54’ 4 stories

60%

Proximity Slope Visual Intrusion

PRIMARY Uses Retail & personal service, office

Landscaping: Landscaping of any development will be in accordance with Article X, as amended. Parking: The Dallas Development Code requires off-street parking to be provided for a general merchandise or food store 3,500 square feet or less is at one space for each 200 square feet of floor area. The development requires 12 spaces with 12 being provided per the attached site plan. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system.

Z123-329(WE)

Dallas Police Department: A copy of a police report of the past 5 years of offences is provided below.

CPC Action (November 7, 2013) Motion: It was moved to recommend approval of a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less for a two-year period with eligibility for automatic renewal for additional two-year periods, subject to a site plan and conditions on property zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay on the northwest corner of Bruton Road and North Prairie Creek Road.

Z123-329(WE)

Maker: Shidid Second: Hinojosa Result: Carried: 13 to 2 For:

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

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

Area: For:

2 - Bagley, Ridley 0 0 200 0

Mailed: 15 Against: 2

For: Malik Parvez, 1901 Central Dr., Bedford, TX Against: Yolanda Williams, 1012 Pindar Ave., Dallas, TX, 75217 CPC PROPOSED SUP CONDITIONS

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

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

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

Z123-329(WE)

Staffâ&#x20AC;&#x2122;s recommendation 3. TIME LIMIT: This specific use permit expires on_____, (two-year period from the passage of this ordinance), but is eligible for automatic renewal for additional five-year periods, pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced). 4.

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

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.

Z123-329(WE)

PROPOSED SITE PLAN

Z123-329(WE)

速

AERIAL MAP

Case no: _ _ Z_1_23_-_32_9__

10/9/201 3

Date: - - - - - -

1:1 ,200

Z123-329(WE)

Retail & personal service

C-Store

Retail & personal service

Restaurant

Car wash

Auto related uses

C-Store

Z123-329(WE)

CPC RESPONSES

Z123-329(WE)

Notification List of Property Owners Z123-329 15 Property Owners Notified

Vote

X X

2 Property Owners Opposed

Label # Address

0 Property Owners in Favor

Owner

9199

BRUTON RD

RAHNANI FAZEL &

9009

BRUTON RD

PROTON PRC LTD

9179

BRUTON RD

BRUTON ENTERPRISES LLC

9203

BRUTON RD

BIG SCORE INVESTORS LLC

9215

BRUTON RD

VOLUNTEERS OF AMERICA

2112

PRAIRIE CREEK RD

HERNANDEZ GUSTAVO A

2122

PRAIRIE CREEK RD

BRUTON TEXAS PPTIES LLC

2150

PRAIRIE CREEK RD

AFFORDABLE INCOME INV

9116

BRUTON RD

VIRANI MANSOOR M

9180

BRUTON RD

KANNADY DERALD &

9190

BRUTON RD

HAMM GUY & JOYCE

9157

DONNYBROOK LN

ASTON CUSTOM HMES CORP

9151

DONNYBROOK LN

HOLLERS MARGARET EST OF

9206

BRUTON RD

ASMA INTERNATIONAL

9222

BRUTON RD

DELMAR PARTNERS LP

Thursday, November 07, 2013

AGENDA ITEM # 59 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

43 Y; Z

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a Convalescent and nursing home, hospice care, and related institutions use and a resolution terminating the deed restrictions on property within Subdistrict 4A of Planned Development District No. 714, the West Commerce Street/Fort Worth Avenue Special Purpose District, on the northeast line of Bahama Drive, south of Ft. Worth Avenue Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewal for additional fifteen-year periods, subject to a site plan and conditions, and approval of the termination of existing deed restrictions Z123-334(RB) Note: This item was considered by the City Council at a public hearing on December 11, 2013, and was taken under advisement until January 22, 2014, with the public hearing open

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-334(RB)

DATE FILED: July 17, 2013

LOCATION:

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

COUNCIL DISTRICT: 1

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 68

Approx. 5.8 Acres

43 Y, Z

APPLICANT/OWNER:

Pacifica Harborview Kessler, LLC

REPRESENTATIVE:

Santos Martinez

REQUEST:

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

SUMMARY:

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

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

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

•

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

•

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

•

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

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

Designation; Existing & Proposed ROW

Ft. Worth Avenue

Principal Arterial; 100’ & 100’ ROW

Z123-334(RB) Bahama Drive

Collector; 60’ & 60’ ROW

Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined it will not significantly impact the surrounding street system. Comprehensive Plan: The request site is located in an area considered a Residential Neighborhood. These areas primarily function as service and job destinations and are similar to Business Centers or Corridors, but are smaller and incorporate less density. These corridors, commonly at the intersection of major streets, are easily accessed via automobiles. Buckner Boulevard is an example of a Commercial Corridor. Buildings in these areas tend to be on separate parcels and stand one to five stories with offices, restaurants and a range of retail and commercial uses. In addition to jobs and services, Commercial Centers or Corridors also may include multifamily housing in low- to midrise apartment buildings or condominiums. Landscaping and urban design will enhance the visitor’s experience and is used to separate sidewalks from major roads and define pedestrian routes in large parking lots. For large shopping centers, this may involve adding public plazas or other “town center” features. Public transit enhancements as well as quality access and visibility are important components of successful autooriented development. GOAL 1.2 Promote desired development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. Land Use Compatibility: The request site is developed with a retirement housing use, various outside amenity areas, and a significant amount of covered surface parking areas that wrap the northern, eastern, and southern facades. Existing deed restrictions providing for permitted uses, are requested for termination as part of the request. It should be noted that the Subdistrict 4 portion of PDD No. 714 is to be considered a mixed-use subdistrict dominated by multifamily uses. While commercial and retail uses are encouraged at street level, maintenance of the residential density is desired. Pedestrian protections from traffic, such as broad sidewalks, street trees, and crosswalks, are desired. New construction should be oriented to address the street front. Existing slip roads providing on-street parking and pedestrian amenities should be preserved. Building height, land use, and setbacks are controlled separately in Subdistricts 4A and 4B to encourage mixed use and townhouse development. Subdistricts 4A and 4B are part of Subdistrict 4. Subdistrict 4 regulations apply in Subdistricts 4A and 4B unless otherwise indicated. The requested use will comply with the existing standards for Subdistrict 4A.

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

Z123-334(RB) For:

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

Area: For:

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

400 1

Mailed: 205 Against: 0

None

Z123-334(RB)

Pacifica Harborview Kessler LLC List of Officers

Ash Israni Deepak Israni Naresh Kotwani

Chairman Secretary Member

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

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

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

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

Z123-334(RB) 4.

BEDS: A maximum of 111 beds are permitted.

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

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.

Z123-334(RB)

···---!

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·-1

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~----------:--_.:.,__---:-_.:.,__---:------:--------::---J -- -- -~··~ -

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Proposed Site Plan 9

Z123-334(RB) Existing Deed Restrictions

Z123-334(RB) -···

...

·~!

•

------·---·---,-~---

•

...

•. . ··:."

...

. ..· ~

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

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

Anto service center,

12.

Oflic:c on 1.be Phase llTraet;

13.

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

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

14.

or building nuderials sales yard;

10.

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

15.

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

17.

cturidi;

18.

F"mancial institution without driv~m window;

19.

Financial inStitotion with drive-in 'Window;

20.

Allimal she!~ or clinic without outside runs;

21.

.Ho~lulld equipment and

22.

Outside sales.

appliance repair; and

J·: I ·.1

.I .

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

IV.

.··

" •.

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

·:Propertyislocatcdethitorhersolccostandexpenscbeforetbeamcndmcnlorlerminalionbecomcs • efiCctive.

. .. :.. ·

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•

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

Page2of9

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VICINITY MAP

1:6,000

Case no:

Date :

Z123-334 10/25/201 3

Z123-334(RB)

AERIAL MAP 1:3,600

Case no: _ Date:

Z123-334

__.:::=....:~~!_____

10/25/2013

Z123-334(RB)

Resident home for the aged

Undeveloped Retail/Office

Multifamily

Unde

Home Impr. Cntr Single family

Multifamily

CPC RESPONSES

Z123-334(RB)

a: Q

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

Z123-334 CPC 1:3,600

Z123-334(RB)

Page 1 of 7 11/7/2013

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

Vote

0 Property Owners Opposed

Label # Address

1 Property

Owner

2516

FORT WORTH AVE

FOLDBERG JOHN D ET AL

2522

BAHAMA DR

PACIFICA HBORVW KSSLR LLC

2600

BAHAMA DR

LA REUNION TWN CNTER LLC

2535

WEDGLEA DR

MITCHELL DAVID & PAULA

2535

WEDGLEA DR

MARLOWE SAM C & ALISON K

2535

WEDGLEA DR

LEMLEY SHEEHAN ROSE

2535

WEDGLEA DR

WILLIAMS JO OLLIE

2535

WEDGLEA DR

CRAWFORD BETTY SUE

2535

WEDGLEA DR

JOHNSTON MICHAEL L & KAREN J

2535

WEDGLEA DR

DAVIS BRYAN W

2535

WEDGLEA DR

MAY ROBERT & BELINDA

2535

WEDGLEA DR

SALINA VICTOR O &

2535

WEDGLEA DR

BROWN BARBARA J

2535

WEDGLEA DR

HLAING CHARLES S &

2535

WEDGLEA DR

BURDINE C EUGENE FAM

2535

WEDGLEA DR

WALKER GARY E

2535

WEDGLEA DR

HEWITT KATHLEEN A

2535

WEDGLEA DR

MANTYLA BRUCE ALLARD &

2535

WEDGLEA DR

PETTIT GREGORY L

2535

WEDGLEA DR

MONTELONGO AMBER S

2535

WEDGLEA DR

HERRING MIKE & BEVERLY

2535

WEDGLEA DR

BRACY CAROL L

2535

WEDGLEA DR

FAIR CARMEN C

2535

WEDGLEA DR

HATFIELD RANDALL KEITH

2535

WEDGLEA DR

DIXON LALANE

2535

WEDGLEA DR

LACROIX CARLA ELAINE

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

Vote

Label # Address

Owner

2535

WEDGLEA DR

KAVAN DOUGLAS L

2535

WEDGLEA DR

DYER BARBARA L

2535

WEDGLEA DR

QUESENBERRY TYRA

2535

WEDGLEA DR

ZADICK THOMAS W

2535

WEDGLEA DR

GRADY KATHRYN A

2535

WEDGLEA DR

MARTINEZ FELICITAS

2535

WEDGLEA DR

MONTAG PATRIC

2535

WEDGLEA DR

WEBB ROBIN J

2535

WEDGLEA DR

MCKAY MICHAEL

2535

WEDGLEA DR

WILLIAMS AMY M

2535

WEDGLEA DR

THOMPSON RACHEL

2535

WEDGLEA DR

RAMOS ARMANDO

2535

WEDGLEA DR

SANCHEZ MELODY G

2535

WEDGLEA DR

TREDWAY JENNIFER L

2535

WEDGLEA DR

WATSON ELAINE

2535

WEDGLEA DR

KALFELL CASSIE

2535

WEDGLEA DR

RAMOS ARMANDO

2535

WEDGLEA DR

GEEZE MARY ELIZABETH

2535

WEDGLEA DR

WATTS EVA ESTATE OF

2535

WEDGLEA DR

EVANS MARSHA W

2535

WEDGLEA DR

HOYLE DELILAH L

2535

WEDGLEA DR

BOHMAN AMELIA T

2535

WEDGLEA DR

SMITH KENNETH WAYNE

2535

WEDGLEA DR

HLAING CHARLES & MONICA

2535

WEDGLEA DR

DUNCAN JACK L

2535

WEDGLEA DR

COLLIE RUTH

2535

WEDGLEA DR

GLIDEWELL CAROLYN J

2535

WEDGLEA DR

MCDONALD GEORGE MARK

2535

WEDGLEA DR

ALEXANDER DOROTHY M

2535

WEDGLEA DR

FORD HELEN FRANCES

2535

WEDGLEA DR

BROOKS ALICE F

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

Vote

Label # Address

Owner

2535

WEDGLEA DR

PEREZ JOE G

2535

WEDGLEA DR

RANDLE FRANCES MORENO

2535

WEDGLEA DR

DICKINSON PATRICK

2535

WEDGLEA DR

CHANDLER DEBBE KAY

2535

WEDGLEA DR

LAWSON JAMES H

2535

WEDGLEA DR

JIMENEZ MARY ALICE

2535

WEDGLEA DR

LITWIN STEPHAN C

2535

WEDGLEA DR

ERICKSON MICHAEL B

2535

WEDGLEA DR

PALOMO MARIA P

2535

WEDGLEA DR

MAZZMANIA LP

2535

WEDGLEA DR

BLUIETT MYRA C

2535

WEDGLEA DR

KELSKE FRANCIS J

2535

WEDGLEA DR

KOHUTEK MARK E

2500

FORT WORTH AVE

MATTOX JERRY &

2423

FORT WORTH AVE

DALLAS HOUSING AUTHORITY

2519

FORT WORTH AVE

MICHAEL LINDSEY

2620

COLORADO BLVD

RIVER ROCK HOLDINGS LLC

2511

WEDGLEA DR

VIEW DFW 4 LLC THE

2300

FORT WORTH AVE

FIRST NATIONAL BANK

2505

FORT WORTH AVE

ALDI LLC

2605

FORT WORTH AVE

FFZ CORPORATION

2602

FORT WORTH AVE

CENTURY 2602 LLC

2610

FORT WORTH AVE

HD DEVELOPMENT PPTIES LP

2530

FORT WORTH AVE

RICHARDS NADA JEAN TRUST

2450

BAHAMA DR

WAK BG PARTNERS

2500

WEDGLEA DR

WEDGLEA CREEK GARDEN HOMES INC

2510

WEDGLEA DR

WALSH STEPHEN A & MARY KATHY

2514

WEDGLEA DR

WOODARD CHARLES

2518

WEDGLEA DR

BEAUGH JOHN HAROLD JR

2524

WEDGLEA DR

AMUKOBOLE ELIZABETH

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

Vote

Label # Address

Owner

2526

WEDGLEA DR

PAYNE BILL

2528

WEDGLEA DR

KELLEY FRANCES M

2558

WEDGLEA DR

RYAN DAVID A

2556

WEDGLEA DR

HUBBARD THOMAS &

2520

WEDGLEA DR

HATFIELD RANDALL K

2544

WEDGLEA DR

HINTON JIMMY R

2552

WEDGLEA DR

FLINT RYAN

2530

WEDGLEA DR

DARLING CARY G

2534

WEDGLEA DR

COX FRANCES MARIE

2532

WEDGLEA DR

HODGES DALE

2536

WEDGLEA DR

GAGE LORI A

2546

WEDGLEA DR

VERTREES ROGER W

100

2550

WEDGLEA DR

PINKSTON FAMILY LIVING TRUST

101

2548

WEDGLEA DR

BAKER ANNA LAURIE &

102

2564

WEDGLEA DR

BARGER JIMMY M

103

2540

WEDGLEA DR

MORENO CONNIE K

104

2554

WEDGLEA DR

DEGRAFFENREID NATALIE N

105

2560

WEDGLEA DR

WEDGLEA CREEK GARDEN HOMES HOA

106

2566

WEDGLEA DR

KIRKPATRICK ROBERT O

107

2505

WEDGLEA DR

COOPER DON RAY

108

2505

WEDGLEA DR

HLAING CHARLES S & MONICA

109

2505

WEDGLEA DR

IZQUIERDO MARGARITA

110

2505

WEDGLEA DR

RODRIQUEZ JOSE

111

2505

WEDGLEA DR

HLAING CHARLES & MONICA

112

2505

WEDGLEA DR

EFURD DEBORAH J

113

2505

WEDGLEA DR

THOMAS YASMIN G

114

2505

WEDGLEA DR

CUHNA VILMAR S

115

2505

WEDGLEA DR

SNEAD KITTY ALICE

116

2505

WEDGLEA DR

TEJEDA LIZZETTE

117

2505

WEDGLEA DR

WINTERS MAURICE L

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

Vote

Label # Address

Owner

118

2505

WEDGLEA DR

WAGNER BETTY LOU LIF EST

119

2505

WEDGLEA DR

SIMMONS BARBARA K

120

2505

WEDGLEA DR

WARTENBACH GORDON R

121

2505

WEDGLEA DR

MENDIETTA BARTOLO

122

2505

WEDGLEA DR

ANDERSON JIM I

123

2505

WEDGLEA DR

COOLEDGE CHARLES

124

2505

WEDGLEA DR

EVES D W

125

2505

WEDGLEA DR

LOZANO KARA NICOLE

126

2505

WEDGLEA DR

HUIE CHERRY & ELAINE TAN

127

2505

WEDGLEA DR

MUNIZ PAUL A & CLAUDIA B

128

2505

WEDGLEA DR

BEGLEY LINDA L

129

2505

WEDGLEA DR

BEGLEY BERLIE

130

2505

WEDGLEA DR

HLAING MONICA

131

2505

WEDGLEA DR

VEGA IRENE

132

2505

WEDGLEA DR

CHANDLER JAREN

133

2505

WEDGLEA DR

PERRY SHIRLEE ANN

134

2505

WEDGLEA DR

FAIR CARMEN C EST OF

135

2505

WEDGLEA DR

HLAING CHARLES S

136

2505

WEDGLEA DR

MARTIN ANTHONY C

137

2505

WEDGLEA DR

HLAING CHARLES SEIN &

138

2505

WEDGLEA DR

HAMM ROBERT V

139

2505

WEDGLEA DR

ROBERTS GARY

140

2505

WEDGLEA DR

TONE ENTERPRISES INC

141

2505

WEDGLEA DR

HILL TARA NICHOLE

142

2505

WEDGLEA DR

LOPEZ RUTH G ESTATE OF

143

2505

WEDGLEA DR

HLAING CHARLES S &

144

2505

WEDGLEA DR

STANTON STEPHEN F &

145

2505

WEDGLEA DR

CABEZA ADRIANA F

146

2505

WEDGLEA DR

JOY LOQUITA

147

2505

WEDGLEA DR

HLAING CHARLES S &

148

2505

WEDGLEA DR

TOM ALFRED

149

2505

WEDGLEA DR

BOCKMAN THOMAS MICHAEL

150

2505

WEDGLEA DR

SHOCKLEY JASON D

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

Vote

Label # Address

Owner

151

2505

WEDGLEA DR

KLEIN KAREN FIDELIS

152

2505

WEDGLEA DR

MORRELL JAYNE E

153

2505

WEDGLEA DR

WESSON SARA

154

2505

WEDGLEA DR

DUKE DANIEL

155

2505

WEDGLEA DR

GRUBER SYDNEY K

156

2505

WEDGLEA DR

MASTON ROBERT D

157

2505

WEDGLEA DR

JAMES ROBERT C JR &

158

2505

WEDGLEA DR

GIBBONS KENNETH R TR &

159

2505

WEDGLEA DR

SAFFARINI RWAN I &

160

2505

WEDGLEA DR

HAMILTON DON

161

2505

WEDGLEA DR

VAUGHAN DAVID A

162

2505

WEDGLEA DR

MARTIN MARY E

163

2505

WEDGLEA DR

BAKER ANNA LAURIE

164

2505

WEDGLEA DR

MANNING CHARLES J

165

2505

WEDGLEA DR

GRILLO VINCENT J &

166

2505

WEDGLEA DR

VAUGHN FAMILY LIVING TR

167

2505

WEDGLEA DR

HAMM ROBERT V

168

2505

WEDGLEA DR

GRILLO VINCENT J & SANTA

169

2505

WEDGLEA DR

HARTER OLIVER G

170

2505

WEDGLEA DR

KING JUDITH

171

2505

WEDGLEA DR

DUKE DANIEL N

172

2505

WEDGLEA DR

PASS JAMES R

173

2505

WEDGLEA DR

MCDONALD GEORGE MARK

174

2505

WEDGLEA DR

KAVANAUGH SAKIKO T ESTATE OF

175

2505

WEDGLEA DR

DAVIS CURTIS JACKSON

176

2505

WEDGLEA DR

TEMPLETON JAMES T &

177

2505

WEDGLEA DR

STARKEY SUSAN M

178

2505

WEDGLEA DR

EVES ROBERT

179

2505

WEDGLEA DR

WERNER CORKY R

180

2505

WEDGLEA DR

MONTGOMERY E STEVE &

181

2505

WEDGLEA DR

WARREN L C

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

Vote

Label # Address

Owner

182

2505

WEDGLEA DR

IZQUIERDO MARGARITA

183

2505

WEDGLEA DR

MUELLER PROP LTD

184

2506

WEDGLEA DR

HLAING CHARLES SEIN &

185

2506

WEDGLEA DR

HEDRICK RICHARD

186

2506

WEDGLEA DR

HLAING CHARLES & MONICA

187

2506

WEDGLEA DR

ALLEN CHARLOTTE A

188

2506

WEDGLEA DR

STANLEY MARGARET

189

2506

WEDGLEA DR

HLAING CHARLES S & MONICA

190

2506

WEDGLEA DR

BURNS GARY WAYNE

191

2506

WEDGLEA DR

SHARP HENRY STEPHEN

192

2506

WEDGLEA DR

WATSON WILLIAM F

193

2506

WEDGLEA DR

DELACRUZ MIGUEL JR

194

2506

WEDGLEA DR

KIRKPATRICK ROBERT WAYNE &

195

2506

WEDGLEA DR

SKOBEL ROBERT

196

2506

WEDGLEA DR

BARGER BRIAN O

197

2506

WEDGLEA DR

DUKE DANIEL N

198

2506

WEDGLEA DR

HARVEY REGINALD M

199

2506

WEDGLEA DR

WALKER MELANIE L

200

2506

WEDGLEA DR

NUNEZ ROSA & BLAS ALFARO

201

2506

WEDGLEA DR

KAPLAN LETICIA S

202

2506

WEDGLEA DR

HUDGEONS JOHN & HEATHER

203

2506

WEDGLEA DR

FLINT JAMES E

204

2506

WEDGLEA DR

MORGAN CHARMAYE

205

2506

WEDGLEA DR

DURHAM RON

Thursday, November 07, 2013

AGENDA ITEM # 60 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45 F

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development Subdistrict for mixed uses on property zoned an LC Light Commercial Subdistrict in Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest corner of Routh Street and McKinney Avenue Recommendation of Staff and CPC: Approval, subject to a development plan and conditions Z123-283(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa O’Donnell

FILE NUMBER: Z123-283(MW)

DATE FILED: May 14, 2013

LOCATION: Northwest corner of Routh Street and McKinney Avenue COUNCIL DISTRICT: 14

MAPSCO: 45-F

SIZE OF REQUEST: ±0.85 acre

CENSUS TRACT: 18.00

REPRESENTATIVE:

Karl Crawley, Masterplan

APPLICANT/OWNER SC One Dallas, LLC, a Florida Limited Partnership Paul S. Cheng, Managing Member REQUEST:

An application for a Planned Development Subdistrict for mixed uses on property zoned an LC Light Commercial Subdistrict District in Planned Development District No. 193, the Oak Lawn Special Purpose District

SUMMARY:

The applicant proposes a mixed use project comprised of a maximum of 20,000 square feet of nonresidential uses on the ground story and second story with a maximum of 200 multifamily residential units on the stories above. The proposed maximum height is 240 feet, consistent with the existing zoning.

CPC RECOMMENDATION:

Approval, subject to a development plan and conditions.

STAFF RECOMMENDATION:

Approval, subject to a development plan and conditions.

DESIGNATED ZONING CASE

Z123-283 (MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of the proposed Planned Development Subdistrict based upon the following: 1. Performance impacts upon surrounding property –Development of the site with a building more urban in form is consistent with the existing character of the area and is not anticipated to negatively impact the performance of surrounding properties. 2. Traffic impact – Staff has reviewed the request and has determined that it will not significantly impact the surrounding roadway system. As demonstrated in the traffic impact analysis prepared by DeShazo Group, Inc., the traffic generated by the proposed development can be accommodated by the existing roadway network with no need for mitigation measures. 3. Comprehensive Plan or Area Plan Conformance – The request complies with the Comprehensive Plan and the Oak Lawn Plan. 4. While the proposed uses are permitted in the LC Light Commercial Subdistrict, the applicant proposes a new Planned Development Subdistrict to accommodate an increase in floor area for a mixed use project. However, to encourage pedestrian activity, the applicant proposes design standards such as ground story transparency on McKinney Avenue and Routh Street, tower setbacks, and concealment of loading areas. However, Staff does not support the following aspects of the request: 1. The applicant proposes that, on the McKinney Avenue frontage, a maximum of 60 percent (60%) of the area at ground level between the property line and the setback may be occupied by outside seating area and on the Routh Street frontage a maximum of 25 percent (25%) on the Routh Street frontage of the area at ground level between the property line and the setback may be occupied by outside seating area. Staff does not believe this allowance for setback encroachments is necessary, as the request site is undeveloped and not subject to existing constraints. BACKGROUND INFORMATION: •

With the exception of surface parking, the ±0.85-acre request site is unimproved.

•

The applicant proposes an increase in the maximum floor area ratio permitted under the current zoning. To accomplish this, the applicant proposes to define a “special residential project” as a development having multifamily uses occupying at least 80 percent of the building floor area and a floor area ratio greater than 4.5:1.

Z123-283 (MW) Surrounding Zoning History: 1.

Z123-129: On Wednesday, February 27, 2012, the City Council approved a Planned Development District for mixed uses subject to a development plan, landscape plan and conditions

Z123-130: On Wednesday, February 27, 2012, the City Council approved the termination of deed restrictions and a new subdistrict with deed restrictions volunteered by the applicant.

Z112-135: On Wednesday, February 22, 2012, the City Council approved a Specific Use Permit for a Hotel or Motel use for a fifteen-year time period; subject to a site plan and conditions.

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

Type

Existing ROW

McKinney Avenue

Minor arterial

58 feet

Howland Street

Local

45 feet

Routh Street

Local

50 feet

Surrounding Land Use: Zoning

Land Use

Site

LC Subdistrict in PDD No. 193

Surface parking

North

LC Subdistrict in PDD No. 193

Restaurant

East

LC Subdistrict in PDD No. 193

Office

South

LC Subdistrict in PDD No. 193

Retail and restaurant

West

PDD No. 9

Office

Z123-283 (MW) STAFF ANALYSIS: Area Plans: The Oak Lawn Special Purpose District and the Oak Lawn Plan include the following objectives: (1)

To achieve buildings more urban in form.

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

To promote landscape/streetscape quality and appearance.

In general, the applicantâ&#x20AC;&#x2122;s proposal is consistent with these objectives. Comprehensive Plan: The Vision Illustration depicts the request site as within an Urban Neighborhood Building Block on the forwardDallas! Vision Illustration, adopted June 2006. This building block should be predominantly residential, but are distinguished from other neighborhoods by a wide variety of housing options available. These neighborhoods will have concentrations of shops or offices along key corridors or at key intersections, which provide important services and job opportunities. These areas may have mixeduse buildings with ground floor shops. In general, the applicantâ&#x20AC;&#x2122;s request is consistent with the following goals and policies of the Comprehensive Plan.

Z123-283 (MW) 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.

URBAN DESIGN ELEMENT GOAL 5.3

ESTABLISHING WALK-TO CONVENIENCE

Policy 5.3.1

Encourage a balance of land uses within walking distance of each other.

Land Use Compatibility: The applicant proposes to develop the site with a mixed use project comprised of a maximum of 20,000 square feet of nonresidential uses on the ground story and second story with a maximum of 200 multifamily residential units on the stories above. While the proposed uses are permitted in the LC Light Commercial Subdistrict, the applicant seeks an increase in the floor area ratio of 4.5:1 permitted for a mixed use project. Specifically, the applicant proposes a maximum floor area of 240,000 square feet (with the maximum floor area for non-residential uses limited to 20,000 square feet), which equates to a floor area ratio of approximately 6.5:1. To accomplish this, the applicant proposes to define a â&#x20AC;&#x153;Special Residential Projectâ&#x20AC;? as a project having multifamily uses occupying at least 80 percent of the building floor area, a floor area ratio greater than 4.5:1 and no dwelling units are permitted on the ground story. For a Special Residential Project, the applicant proposes to permit outside seating areas, retaining walls, landscaping or planters within a required front yard. While the locations of such encroachments are not depicted on the development plan, the applicant proposes that, on the McKinney Avenue frontage, a maximum of 60 percent (60%) of the area at ground level between the property line and the setback may be occupied by outside seating area and on the Routh Street frontage a maximum of 25 percent (25%) on the Routh Street frontage of the area at ground level between the property line and the setback may be occupied by outside seating area. Staff does not believe this allowance for setback encroachments is necessary, as the request site is undeveloped and not subject to existing constraints. The applicant proposes design standards for a Special Residential Project which include, but are not limited to ground story transparency on McKinney Avenue and Routh Street, tower setbacks, and concealment of loading areas. As proposed, sidewalks on McKinney Avenue must have a minimum width of 10 feet with a minimum 5

Z123-283 (MW) unobstructed width of eight feet. Sidewalks on Routh Street and Howland Street must have a minimum unobstructed width of six feet. Currently, in the LC Light Commercial Subdistrict, six-foot sidewalks are required on all street frontages. Development Standards: The yard, lot, and space regulations and uses for the LC Light Commercial Subdistrict apply to the proposed Planned Development District, with exceptions for a Special Residential Project (SRP). District

Front

Setbacks Side/Rear

Density FAR

Height

Lot Coverage

Special Standards

Primary Uses

4:1 4.5:1 with res

36’ SF 240’ other

80%

N/A

Commercial

80%

SRP: design standards

Existing

LC Subdistrict

10’

10’ side MF 5’ side duplex 0’ side other 15’/25’ rear MF 10’ rear duplex 0’ side other

Proposed LC New Subdistrict

LC SRP:10’*

10’ McKinney 10’ Routh 10’ side 8’6” Howland

LC District

SRP: 240,000 20,000 sf retail/200 du

SRP Multifamily; retail

*Outside seating areas, retaining walls, landscaping or planters are permitted within a required front yard. Parking: The applicant proposes parking in accordance with the provisions of Planned Development District No. 193 with the following exception for a Special Residential Project: •

Parking for an accessory community center (private) use in conjunction with a multiple-family use must provide parking at a ratio of one space per 1,000 square feet of floor area.

For a Special Residential Project, the applicant proposes the following additional requirements to address the location of parking, which is not currently addressed in the existing Subdistrict regulations: •

All required parking must be located either underground or within a structure.

•

If valet parking is provided, no queuing is permitted within the public right-of-way. Drop-off and pick-up and of valet parked vehicles for residential uses must occur either underground or within a structure. Drop-off and pick-up of valet parked vehicles for non-residential uses may occur at street level outside of the public right-of-way.

Z123-283 (MW) Landscaping: The applicant proposes landscaping in accordance with the provisions of Planned Development District No. 193.

Z123-283 (MW) CPC Action: December 5. 2013: Motion: It was moved to recommend approval of for a new Planned Development Subdistrict for mixed uses, subject to a development plan and revised conditions as follows: 1) Under SEC. S__.105, DEVELOPMENT PLAN, delete subparagraph (b), 2) Under SEC. S__.108, YARD, LOT AND SPACE REGULATIONS, (b) Special Residential Project, (1) Front yard, (B), insert applicant’s proposed condition to read “On the ground story, outside seating areas, retaining walls, landscaping, and planters are permitted within the required front yard. The maximum height of an outside seating area within a required front yard is 18 inches above the adjacent sidewalk with an average height no greater than 12 inches above adjacent sidewalk. Railings in conjunction with an outside seating area within a required front yard are limited to a maximum height of 42 inches measured from the floor of outside seating area and shall be transparent or partially open. No seasonal covering allowed on portion of outside seating area that is within the setback. Trellises and umbrellas are permitted. For the McKinney Avenue frontage a maximum of 60 percent (60%) of the area at ground level (raised a maximum of 18 inches) between the property line and the setback maybe occupied by outside seating area; for the Routh Street frontage the maximum is 25 percent (25%)”, 3) Under SEC. S__.108, YARD, LOT AND SPACE REGULATIONS, (b) Special Residential Project, change subpoints (c) Density, (e) Floor area and (f) Lot coverage to subpoints “(2)”, “(3)” and “(4)” to indicate all related to (b) Special Residential Project, and 4) SEC.__.113, DESIGN STANDARDS FOR A SPECIAL RESIDENTIAL PROJECT, (i) to read “Sidewalks on McKinney Avenue must have a minimum width of 10 feet with a minimum unobstructed width of 8 feet. Sidewalks on Routh Street and Howland Street must have a minimum unobstructed width of six feet. If the sidewalk is located within the front yard a sidewalk easement must be dedicated to the City. Tree grates must comply with Section 193.126(b)(5)(F)” on property zoned an LC Light Commercial Subdistrict in Planned Development District No. 193, the Oak Lawn Special Purpose District on the northwest corner of Routh Street and McKinney Avenue. Maker: Second: Result:

Ridley Hinojosa Carried: 12 to 0

For:

12 - Soto, Rodgers, Shidid, Hinojosa, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar

Against: Absent: Vacancy:

0 3 - Anglin, Culbreath, Bagley 0

Notices: Replies:

Area: For:

Speakers:

For: Karl Crawley, 900 Jackson St., Dallas, TX, 75202 Frank Stich, 4224 N. Hall St., Dallas, TX, 75219 Against: Jack Irwin, 2708 Fairmount St., Dallas, TX, 75201

500 7

Mailed: Against:

78 0

Z123-283 (MW) Proposed Development Plan:

Z123-283 (MW) Proposed PDS Conditions Z123-283 SEC. S-__.101.

LEGISLATIVE HISTORY.

PD Subdistrict __ was established by Ordinance No. _________, passed by the Dallas City Council on __________. SEC. S-__.102.

PROPERTY LOCATION AND SIZE.

PD Subdistrict __ is established on property generally located at the northwest and southwest corner of McKinney Avenue and Routh Street. The size of PD Subdistrict __ is approximately 0.85 acre. SEC. S-__.103.

DEFINITIONS AND INTERPRETATIONS.

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

In this division: (1)

SPECIAL RESIDENTIAL PROJECT means a development having: (A)

multifamily uses occupying at least 80 percent of the building

(B)

a floor area ratio greater than 4.5.

(C)

no dwelling units are permitted on the ground story.

floor area; and

(2)

SUBDISTRICT means a subdistrict of PD No. 193.

(3) TRANSPARENCY means the total area of window and door opening filled with glass, expressed as a percentage of the total facade area by story. (4) along the street.

GROUND STORY means the story closest to and above grade

(c) Unless otherwise stated, all references to articles, divisions, or sections in this division are to articles, divisions, or sections in Chapter 51. (d)

This Subdistrict is considered to be a non-residential zoning district.

Z123-283 (MW) SEC. S-

.104.

EXHIBIT.

The following exhibit is incorporated into this division: Exhibit ___A: development plan. SEC. S-_____.105.

DEVELOPMENT PLAN.

(a) For a Special Residential Project, development and use of the Property must comply with the development plan (Exhibit S- A). The development and use of the Property must comply with the floor area ratios and percentages for each use shown on the development plan that allows the development to qualify as a Special Residential Project. If there is a conflict between the text of this division and the development plan, the text of this division controls. (b) For other uses, a development plan must be approved by the city plan commission before the issuance of any building permit to authorize work on the Property. If there is a conflict between the text of this article and the approved development plan, the text of this article controls. SEC. S-__.106.

MAIN USES PERMITTED.

(a) Except as provided in this section, the only main uses permitted in this Subdistrict are those main uses permitted in the LC Light Commercial Subdistrict, subject to the same conditions applicable in the LC Subdistrict, as set out in Part I of this article. For example, a use permitted in the LC Subdistrict only by specific use permit (SUP) is permitted in this Subdistrict only by SUP; a use subject to development impact review (DIR) in the LC Subdistrict is subject to DIR in this Subdistrict; etc. (b)The following additional use is permitted in this Subdistrict: -SEC. S-__.107.

A Special Residential Project.

ACCESSORY USES.

(a) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Part I of this article. For more information regarding accessory uses, consult PD 193. (b)

In this subdistrict, the following accessory uses are not permitted: -

Private stable. Amateur communication tower. Open storage.

Z123-283 (MW) SEC. S-__.108.

YARD, LOT, AND SPACE REGULATIONS.

(Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Part I of this article. In the event of a conflict between this section and Part I of this article, this section controls.) (a) In general. Except as provided in this section, the yard, lot, and space regulations for the LC Light Commercial Subdistrict apply. (b)

Special Residential Project. (1)

Front yard. (A)

As shown on the development plan (Exhibit S- A).

(B) On the ground story, outside seating areas, retaining walls, landscaping, and planters are permitted within the required front yard. The maximum height of an outside seating area within a required front yard is 18 inches above the adjacent sidewalk with an average height no greater than 12 inches above the adjacent sidewalk. Railings in conjunction with an outside seating area within a required front yard are limited to a maximum height of 42 inches measured from the floor of outside seating area and shall be transparent or partially open. No seasonal covering is permitted on outside seating areas; trellises and umbrellas are permitted. For the McKinney Avenue frontage a maximum of 60 percent (60%) of the area at ground level (raised a maximum of 18 inches) between the property line and the setback may be occupied by outside seating area; for the Routh Street frontage the maximum is 25 percent (25%) (C) On the second story, outside seating areas are permitted within the required front yard. (2)

Density. The maximum number of dwelling units is 200.

(3) Floor area: The maximum floor area is 240,000 square feet for all uses combined. The maximum floor area for non-residential uses is 20,000 square feet. Uses that are accessory to a multifamily use are not included in the measurement of non-residential floor area. (4)

Lot coverage: The maximum lot coverage is 80 percent.

Z123-283 (MW) SEC. S-__.109.

OFF-STREET PARKING AND LOADING.

Except as provided in this section, consult Part I of this article for the specific offstreet parking and loading requirements for each use. Special Residential Project. (a) square feet of floor area. (b)

Accessory community center (private). One space per 1,000

Additional requirements.

(1) All underground or within a structure.

required

parking

must

located

either

(2) If valet parking is provided, no queuing is permitted within the public right-of-way. Drop-off and pick-up and of valet parked vehicles for residential uses must occur either underground or within a structure. Drop-off and pickup of valet parked vehicles for non-residential uses may occur at street level outside of the public right-of-way. Packed parking for required parking is allowed by right. SEC S-__.110.

ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI SEC. S-__.111. (a) this article. (b)

LANDSCAPING.

Landscaping and screening must be provided in accordance with Part I of

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

SEC. S-__.112.

SIGNS

Signs must comply with the provisions for business zoning districts in Article VII. SEC. S- . 113. PROJECT.

DESIGN

STANDARDS

FOR

SPECIAL

RESIDENTIAL

(a)

Facade length along McKinney Avenue is a maximum of 110 feet.

(b)

A minimum of 50 percent of the multifamily units must have direct access to an outdoor balcony.

(c)

Tower setback (above 36 feet in height) from McKinney Avenue is 25 feet.

(d)

Tower setback (above 36 feet in height) from Routh Street is 36 feet. 13

Z123-283 (MW) (e)

The maximum lot coverage above 36 feet in height is 40 percent.

(g) The minimum transparency for the ground story on McKinney Avenue is fifty percent; the minimum transparency for the ground story on Routh Street is twenty five percent. (h) The loading area must be located underground, within a structure, or gated with the gate remaining closed except for deliveries. An intercom and remote opening system must be installed and must be operated so that delivery drivers must contact building security for admittance through the gate. (i) Sidewalks on McKinney Avenue must have a minimum width of 10 feet with a minimum unobstructed width of eight feet. Sidewalks on Routh Street and Howland Street must have a minimum unobstructed width of six feet. If the sidewalk is located within the front yard a sidewalk easement must be dedicated to the City. Tree grates must comply with Section 193.126(b)(5)(F). SEC. S-__.114.

PAVING.

All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. SEC. S-__.115.

ADDITIONAL PROVISIONS.

(a) The Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (c) Except as otherwise provided in this division, development and use of the Property must comply with Part I of this article. SEC. S-__.116.

COMPLIANCE WITH CONDITIONS.

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

Z123-283 (MW)

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VICINITY MAP

1:6,000

Z123-283

Case no: -~::...!.:::..=....=..;:__-

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

Z123-283 (MW)

AERIAL MAP

Case no: Date:

1:2,400

Z123-283 10/17/2013

Z123-283 (MW)

Restaurant Office

Office

Retail/ Restaurant Single family Undeveloped

Z123-283 (MW)

Z123-283 (MW) CPC Responses

Z123-283 (MW)

Notification List of Property Owners Z123-283 78 Property Owners Notified Vote

0 Property Owners Opposed

Label # Address

7Property Owners in Favor Owner

2619

MCKINNEY AVE

XL CAPITAL LLC

2621

MCKINNEY AVE

BLACKFRIAR PROPERTY LLC

2408

MCKINNEY AVE

PEASE RALPH W & DOROTHY M

2509

STATE ST

LG ROUTH LP

2602

MCKINNEY AVE

UPTOWN ENERGY PARTNERS LP

2614

MCKINNEY AVE

J&K REAL ESTATE INV LTD

2609

HIBERNIA ST

HUMPHRIES JOHN JR

2500

ROUTH ST

GARZA PPTIES L L C

2615

HIBERNIA ST

SWIFT DALE MATTHEW

2511

BOLL ST

FEFERMAN R JOSH

2619

HIBERNIA ST

EHM PROPERTIES HIBERNIA LLC

2600

HIBERNIA ST

DOWNTOWN PREGNANCY CENTER

2414

ROUTH ST

ROUTH COFFEE HOUSE LLC

2604

HIBERNIA ST

NICHOLS DOUGLAS R &

2608

HIBERNIA ST

HARTMAN PRINCELLA

2614

HIBERNIA ST

SMITH STEPHEN S & MARLA F

2616

HIBERNIA ST

STAR B PROPERTIES LLC

2620

HIBERNIA ST

HUMPHRIES JOHN F JR

2415

BOLL ST

SIMS LEON

2601

STATE ST

KIRVEN JOE & GLORIA E LIVING TRUST

2607

STATE ST

ARMSTRONG BERGER

2611

STATE ST

ARMSTRONG BERGER PARTNERS

2615

STATE ST

PETERS PAULINE &

2621

STATE ST

PASCAL ENTERPRISES INC

Z123-283 (MW)

Vote

Label # Address

Owner

2720

MCKINNEY AVE

PASHA & SINA INC

2710

MCKINNEY AVE

AJP PROPERTIES

2715

HIBERNIA ST

HUMPHRIES JOHN F JR TR

2707

HIBERNIA ST

FINCH MARK M

2706

HIBERNIA ST

MYSLIWY ALLIE RAYMOND &

2700

HIBERNIA ST

HUMPHRIES JOHN F

2521

FAIRMOUNT ST

BLL LP

2507

FAIRMOUNT ST

MURPHY PLAZA LLC

2515

FAIRMOUNT ST

MURPHY PLAZA LLC

2517

FAIRMOUNT ST

COLLIE GRIFFIN W &

2525

FAIRMOUNT ST

BLL LP

2527

FAIRMOUNT ST

UNDERWOOD PPTIES LLC

2603

FAIRMOUNT ST

2603 FAIRMOUNT INVESTORS

2611

FAIRMOUNT ST

DIKE DAVID

2701

FAIRMOUNT ST

MAPLE MARKETING CORP

2718

FAIRMOUNT ST

2718 FAIRMOUNT LP

2711

ROUTH ST

PEGASUS FOUNDATION THE

2719

ROUTH ST

PEGASUS FDN

2708

FAIRMOUNT ST

2708 FAIRMOUNT PROPERTIES

2727

ROUTH ST

2727 PARTNERSHIP LP

2723

ROUTH ST

FRAME HOUSE INC

2700

FAIRMOUNT ST

CHARTER 2700 FAIRMOUNT LP

2706

FAIRMOUNT ST

2706 FAIRMOUNT LTD

2707

ROUTH ST

TURTLE CREEK MANOR INC

2609

ROUTH ST

OR ASSET HOLDINGS LP

2520

FAIRMOUNT ST

TCJ REALTY HOLDINGS LLC

2600

FAIRMOUNT ST

STARK JERRY COMPANIES INC

2615

ROUTH ST

VILLANUEVA MARIA &

2530

FAIRMOUNT ST

KORNYE GEORGE W &

2610

FAIRMOUNT ST

GINSBURG BROOKE MINORS

2518

MAHON ST

BABY ROUTH INC

Thursday, November 21, 2013

Z123-283 (MW) Vote

Label # Address

Owner

2518

MAHON ST

CHARTER 2700 FAIRMOUNT LP

2604

FAIRMOUNT ST

SMITH SHARON HAYSLIP &

2612

BOLL ST

STORY HERBERT B JR

2705

MCKINNEY AVE

MCKINNEY AVENUE PARTNERS LTD

2718

BOLL ST

PUBS LAND PARTNERSHIP

2700

BOLL ST

STORY HERBERT B JR &

2703

BOLL ST

OGLE LINDA K ET AL

2704

ROUTH ST

MARTIN INV LP

2633

MCKINNEY AVE

2633 MCKINNEY AVE LLC

2714

ROUTH ST

2714 ROUTH STREET LTD

2728

ROUTH ST

FRENCH REAL EST INTS LLC

2724

ROUTH ST

FREESTONE HOLDINGS LLC

2501

WORTHINGTON ST

WOFFORD ANGELA

2505

WORTHINGTON ST

AFH REALTY LLC

2711

HIBERNIA ST

DUNAWAY DIANE

2521

WORTHINGTON ST

POST APARTMENT HOMES LP

2712

HIBERNIA ST

RODEN SHANNON

2828

WOODSIDE ST

LAGRANGE ACQUISITION LP

2808

MCKINNEY AVE

POST APARTMENT HOMES LP

2801

WOODSIDE ST

EARJDR LLC

2515

MCKINNEY AVE

CHATEAU PLAZA HOLDINGS LP

2626

HOWELL ST

KODIAK UPTOWN CENTER H LP

2708

ROUTH ST

JTS ROUTH ST PARTNERS LLC

AGENDA ITEM # 61 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

34 N

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 759 for RR Regional Retail District uses generally bounded by West Mockingbird Lane, Forest Park Road, Empire Central and Maple Avenue Recommendation of Staff and CPC: Approval, subject to a revised conceptual plan and revised conditions Z123-340(WE)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-340(WE)

DATE FILED: March 7, 2007

LOCATION:

Generally bounded by West Mockingbird Lane, Forest Park Road, Empire Central and Maple Avenue

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 31.02 acres

CENSUS TRACT: 04.06

34-N

APPLICANT / OWNER: Mockingbird Venture Partners, LLC REPRESENTATIVE:

Bill Dahlstrom Jackson Walker

REQUEST:

An application for an amendment to Planned Development District No. 759 for RR Regional Retail District uses.

SUMMARY:

The purpose of this request is to change the Planned Development District conditions parking requirements for an office and lodging use to reflect the parking standards in the Dallas Development Code.

CPC RECOMMENDATION:

Approval, subject to a revised conceptual plan and revised conditions

STAFF RECOMMENDATION:

Approval, subject to a revised conceptual plan and revised conditions

DESIGNATED ZONING CASE

Z123-340(WE)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – The request for an amendment to Planned Development District No. 759 should not have a negative impact on the surrounding areas. The types of uses proposed for the site could support the adjacent businesses as well the Medical District. 2. Traffic impact – The Engineering Section of the Department of Sustainable development and Constructions has reviewed the applicant’s Traffic Impact Analysis Report and the amendments to the parking regulations for an office and lodging uses and have determined that the request will not have a negative impact on the street system. 3. Comprehensive Plan or Area Plan Conformance – The forwardDallas! Comprehensive Plan shows that the request site in located in an Urban Mixed Use Building Block and is transitioning from industrial uses to a mixed use area even though the Love Field – West Land Use Study recommends light industrial or industrial research uses. 4. Justification for PD Planned Development District Zoning as opposed to a straight zoning district – The proposed Planned Development District is justified because of the Dallas Development Code does not permit the flexibility to change the developments standards and regulations for a project that requires some latitude in the development standards to develop a mix use development. BACKGROUND INFORMATION: •

•

The Planned Development conditions state that the required parking for nonresidential uses, except for restaurant uses, is 4.5 spaces per 1,000 square feet of floor area. The applicant request is to change the off-street parking requirements for office and lodging use to reflect the Development Code’s parking regulations standards. The proposed change will establish the parking requirements for an office use as one space per 333 square feet of floor area and for a lodging use as one space for each guest room. In May 2013, the City Council approved an amendment to Planned Development District No. 759 for RR Regional Retail District uses. The amendment allowed an increase the development rights on the Property by including MF-3(A) development rights and standards in Subdistrict II-A and Subdistrict II-B, but retained the RR Regional Retail development rights and standards on the entire site. In addition,

Z123-340(WE)

there is a natural ravine (floodplain) that transverse the site and is proposed to be filled-in to allow for the construction of the proposed development. •

•

In July 2013, the City Plan Commission approved the applicant’s request for a waiver of the two-year waiting period. The approval allowed the applicant to submit a zoning application prior to the required two year waiting period for any zoning changes or amendments to their proposed development. The surrounding land uses consist of industrial, manufacturing, commercial and single family uses.

Zoning History: There has been one Board of Adjustment case and four zoning changes requested in the area. 1.

B067-035 On March 19, 2007, the Board of Adjustment Panel C denied without prejudice a special exception to the parking regulations at 2525 W. Mockingbird Lane.

Z045-116 On April 13, 2005, the City Council approved an IR Industrial Research District on property zoned an MC-3 Multiple Commercial District along the northwest line of Mockingbird Lane beginning at the west corner of Mockingbird Lane and Denton Drive.

Z045-119 On May 13, 2005, the City Council approved an IR Industrial Research District on property zoned an MC-3 Multiple Commercial District on the north corner of Mockingbird Lane and Maple Avenue.

Z067-188 On June 27, 2007, the City Council approved a Planned Development District for RR Regional Retail District uses on property zoned an IM Industrial Manufacturing District and IR Industrial Research District.

Z123-177 On May 22, 2013, the City Council approved an amendment to Planned Development District No. 759 for RR Regional Retail District uses.

Z123-340(WE)

Land Use:

Site

Zoning PDD No. 759

Northeast

Southeast

MU-2, IR

Northeast

IR, CS

Southwest

Land Use Undeveloped, Mobile Home Park, Storage area for vehicles Industrial, Nursery, Single Family Industrial, Undeveloped, Multifamily, Auto Related uses Industrial, Auto Related uses, Single Family Industrial

Comprehensive Plan: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request, but also recommends protecting Dallas’ floodplains. The Plan identifies the request site as being in an Urban Mixed Use Building Block and is transitioning from industrial uses to a mixed use area even though the Love Field – West Land Use Study recommends light industrial or industrial research uses. The Urban Mixed-Use Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Examples include Uptown, the City Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or mid-rise commercial towers to townhomes and small corner shops. Good access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use Building Blocks offer employment and housing options and are important economic growth areas for businesses. People on foot or bike can enjoy interesting storefronts at ground level with benches, public art, on-street parking and wide sidewalks, creating an appealing streetscape. Large parking areas and other auto-oriented land uses are typically located at the edges. LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

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

Z123-340(WE)

Economic Goal 2.1 Promote Balanced Growth. Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions. Goal 2.2

Engage in strategic economic development

Policy 2.2.6 Restore Dallas as the foremost retail location in the region. Urban Design Goal 5.2 Strengthen community and neighborhood identity Policy 5.2.4 Enhance retail, industrial and business operations Area Plan: The request site lies within the Love Field â&#x20AC;&#x201C; West Land Use Study, January 1987, and recommends light industrial or industrial research uses for the area. The area contains a mixture of land uses, from a paint manufacturing company to professional and corporate offices, commercial facilities, and a mobile home park. The Study states that light industrial or industrial research uses are appropriate because the request site is adjacent to a residential area. STAFF ANALYSIS: Land Use Compatibility: The 31.02 acre site is irregularly shaped and is primarily undeveloped with the exception of a mobile home park and a staging area for vehicles. In June 27, 2007, the City Council approved Planned Development District No. 759 for RR Regional Retail uses that permitted several modifications to the development standards. These modifications included 1) alternative options for tree mitigation, and 2) design standards for general merchandise greater than 100,000 square feet of floor area on any structure greater than 75,000 square feet with some modification to the tree planting requirements. In May 2013, the City Council approved an amendment to Planned Development District No. 759 for RR Regional Retail District uses which allowed an increase in the development rights on the Property by including MF-3(A) development rights and standards in Subdistrict II-A and Subdistrict II-B, but retained the RR Regional Retail development rights and standards on the entire site. In addition, there is a natural ravine (floodplain) that transverse the site and is proposed to be filled-in to allow for the construction of the proposed development.

Z123-340(WE)

The applicant’s request for an amendment to Planned Development District No. 759 for RR Regional Retail uses will change the office and lodging use to have the off-street parking regulation standards that are established in the Development Code. Currently, the PDD conditions limit the required parking for nonresidential uses, except for restaurant uses, to 4.5 spaces per 1,000 square feet of floor area. The proposed changes will reflect the off-street parking requirements for an office use is one space per 333 square feet of floor and a lodging use as one space for each guest room. The applicant may provide a lodging use with a maximum of 300 guest rooms. The request for an amendment to Planned Development District No. 759 should not have an adverse impact on the surrounding areas, subject to attached conditions. Development Standards: DISTRICT Planned Development District No. 759

SETBACKS Front

15’

Side/Rear

15’

Density

Height

Lot Coverage

Special Standards

1.5 FAR

95 ft.

80%

Proximity Slope U-form setback Visual Intrusion

Regional retail

PRIMARY Uses

Retail & personal service, office, Multifamily

Landscaping: Landscaping will be maintained in accordance with Article X, as amended and big box standards for any building greater than 75,000 square feet. Article V (Floodplain): Any fill work in the flood plain will require application to the Public Works Department. The fill permit will be reviewed for compliance under Article V of the Dallas Development Code. The Public Works Department will determine the impact and type of mitigation measures on the floodplains and forward their recommendation to the City Council. In November 2007, the Dallas City Council approved a fill permit for the request site and the fill permit will expire in November 2015. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that it will not impact the surrounding street system for the proposed development. The infrastructure improvements identified in the applicant’s Traffic Impact Analysis Report, Mockingbird at Maple Retail Site, February 2007, will be implemented and will suffice for the proposed amendment to Planned Development District No. 759.

Z123-340(WE)

Thoroughfares/Streets: Thoroughfare/Street

Type

Mockingbird Lane Maple Avenue Empire Central Forest Park Hawes Street

Minor Arterial Collector Collector Local Street Local Street

Existing ROW

Proposed ROW

100 ft. 60 ft. 44.2 ft. 40 ft. 50 ft.

100 ft. 60 ft. 44 ft. 40 ft. 50 ft.

CPC Action (October 24, 2013)

Motion: In considering an application for an amendment to Planned Development District No. 759 for RR Regional Retail District uses generally bounded by West Mockingbird Lane, Forest Park Road, Empire Central and Maple Avenue, it was moved to hold this case under advisement until November 7, 2013. Maker: Shidid Second: Ridley Result: Carried: 13 to 0 For:

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

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

Area: For:

0 1 - Alcantar 0 500 13

Mailed: 217 Against: 1

None

CPC Action (November 7, 2013) Motion: In considering an application for an amendment to Planned Development District No. 759 for RR Regional Retail District uses generally bounded by West Mockingbird Lane, Forest Park Road, Empire Central and Maple Avenue, it was moved to hold this case under advisement until November 21, 2013. 7

Z123-340(WE)

Maker: Soto Second: Tarpley Result: Carried: 14 to 0 For:

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

Against: Absent: Vacancy: Notices: Replies:

Area: For:

Speakers:

0 1 - Culbreath 0 500 13

Mailed: 217 Against: 1

None

CPC Action (November 21, 2013) Motion: In considering an application for an amendment to Planned Development District No. 759 for RR Regional Retail District uses in an area generally bounded by West Mockingbird Lane, Forest Park Road, Empire Central and Maple Avenue, it was moved to hold this case under advisement until December 19, 2013. Maker: Soto Second: Shellene Result: Carried: 14 to 0 For:

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

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

Area: For:

0 1 - Culbreath 0 500 13

Mailed: 217 Against: 1

None 8

Z123-340(WE)

CPC Action (December 19, 2013) Motion: It was moved to recommend approval of an amendment to Planned Development District No. 759 for RR Regional Retail District uses, subject to a revised conceptual plan and revised conditions with the following change: 1) Provide side and rear setbacks of 5 feet with the property fronting Empire Central to remain 15 feet in an area generally bounded by West Mockingbird Lane, Forest Park Road, Empire Central and Maple Avenue. Maker: Soto Second: Anglin Result: Carried: 14 to 0 For:

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

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

Area: For:

0 1 - Culbreath 0 500 13

Mailed: 217 Against: 1

For: Jonathan Vinson, 901 Main St., Dallas, TX, 75202 Against: None

Z123-340(WE)

LIST OF OFFICERS MOCKINGBIRD VENTURE PARTNERS, LLC

Mockingbird venture partners, LLC A Delaware Limited Liability Company Sole Managing Member: Highridge Asset Management, LLC A Delaware Limited Liability Company Sole Managing Member: Highridge Management, Inc A California Corporation Highridge Asset Management, LLC - Officers •

John S. Long – President

•

Steven A. Berlinger – Executive VP/CFO

•

Jack L. Mahoney – VP

•

Eugene S. Rosenfield – VP

•

Parviz Vaghti – VP

•

Linda Kasai – VP/Secretary

Directors: •

John S. Long

•

Steven A. Berlinger

Z123-340(WE)

CPC PROPOSED PDD CONDITIONS ARTICLE 759. PD 759.

SEC. 51P-759.101.

LEGISLATIVE HISTORY.

PD 759 was established by Ordinance No. 26871, passed by the Dallas City Council on June 27, 2007. (Ord. 26871)

SEC. 51P-759.102.

PROPERTY LOCATION AND SIZE.

PD 759 is established on property located at the northeast corner of West Mockingbird Lane and Forest Park Road. The size of PD 759 is approximately 31.02 acres.

SEC. 51P-759.103.

DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this article: (1) SHOPPING CENTER SIGN means a sign that identifies several owners, tenants, or occupants within the district. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) This district is divided into three Subdistricts: Subdistrict I, Subdistrict II-A, and Subdistrict II-B. (d)

This district is considered to be a nonresidential zoning district.

SEC. 51P-759.103.1.

EXHIBIT.

The following exhibit is incorporated into this article: Exhibit 759A: conceptual plan.

Z123-340(WE)

SEC. 51P-759.104.

CONCEPTUAL PLAN.

(a) Except as provided in this section, development and use of the Property must comply with the conceptual plan (Exhibit 759A). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls. (b) The conceptual plan only shows the approximate location of ingress/egress points. The final location of the ingress/egress points must be shown on the development plan. No ingress or egress is permitted to or from Empire Central. DEVELOPMENT PLAN. (a) A development plan must be approved by the city plan commission before issuance of any building permit to authorize work in this district. (b) The development plan does not have to show all phases of development if separate phases are proposed. If separate phases are proposed, however, a development plan for each phase must be approved by the city plan commission before the issuance of a building permit to authorize work in that phase of development. (c) If there is a conflict between the text of this article and the development plan, the text of this article controls. (d) Before approval of a development plan for any portion or all of the Property, a tree survey, grading and drainage plan, and utilities plan for that portion of the Property must be submitted to the building official.

SEC. 51P-759.106.

MAIN USES PERMITTED.

(a) Except as provided in this section, the only main uses permitted in this district are those main uses permitted in the RR Regional Retail District, subject to the same conditions applicable in the RR Regional Retail District, as set out in Chapter 51A. For example, a use permitted in the RR Regional Retail District only by specific use permit (SUP) is permitted in this district only by SUP; a use subject to development impact review (DIR) in the RR Regional Retail District is subject to DIR in this district, etc. (b) Multifamily uses are permitted by right in Subdistrict II-A and Subdistrict II-B. SEC. 51P-759.107.

ACCESSORY USES.

As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. 12

Z123-340(WE)

SEC. 51P-759.108.

YARD, LOT, AND SPACE REGULATIONS.

In general.

(1) Subdistrict I. Except as provided in this section, the yard, lot, and space regulations for the RR Regional Retail District apply. (2) Subdistrict II-A and Subdistrict II-B. Except as provided in this section, the yard, lot, and space regulations for the MF-3(A) Multifamily District apply. (b)

Front yard. Except as provided,

(1) [M]minimum front yard is [1]5 feet at the boundaries of this district, as shown on the conceptual plan. Otherwise, no front yard setback is required. (2)

Minimum front yard is 15 feet on Empire Central

CPC Recommendation (c) Side and rear yard. Minimum side and rear yard is 15 feet at the boundaries of this district. Otherwise, no side and rear yard setback is required. Staffâ&#x20AC;&#x2122;s Recommendation (c) Side and rear yard. Minimum side and rear yard is 15 feet at the boundaries of this district. Otherwise, no side and rear yard setback is required. (d)

Floor area ratio. (1)

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

(2)

For lodging and office uses, maximum floor area ratio is 2.0.

(3)

For multifamily uses, no maximum floor area ratio.

1.5.

(e)

Floor area.

(1) All subareas. Maximum total floor area for all uses on the Property other than lodging and residential is 365,000 square feet. (2) Subdistrict I. Maximum total floor area for all uses other than lodging and residential is 175,000 square feet.

Z123-340(WE)

(3) Subdistrict II-A and Subdistrict II-B. Maximum total floor area for all uses other than lodging and residential is 190,000 square feet. (f)

Height. (1)

Subdistrict I. (a)

Maximum structure height is 95 [50] feet.

(b)

Maximum structure height for lodging and office uses is 155

feet.

(g)

(2)

Subdistrict II-A. Maximum structure height is 90 feet.

(3)

Subdistrict II-B. Maximum structure height is 65 feet.

Density/Guest rooms.

(1) units per acre.

Subdistrict II-A and Subdistrict II-B. Overall maximum density is 75

(2) Subdistrict I and Subdistrict II-A. Maximum number of guest rooms for all lodging uses is 300. (h)

Lot coverage. Maximum lot coverage is 80 percent.

(i) Urban form setback. An additional 20-foot front yard setback is required for that portion of a structure over 60 feet in height. (j) Tower spacing. An additional side and rear yard setback of one foot for each two feet in height above 60 feet is required for that portion of a structure over 60 feet in height, up to a total of 30 feet. This subsection does not require a total side or rear setback greater than 30 feet. SEC. 51P-759.109.

DESIGN STANDARDS.

(a) Except as provided in this section, the design standards and procedures in Section 51A-4.605 apply to any retail uses, personal service uses, or combination thereof, totaling 75,000 square feet or more of floor area and located within the same structure. (b) Trees planted in planters count toward the tree planting requirements in Section 51A-4.605(a)(8)(F).

Z123-340(WE)

(c) The city plan commission, whether or not a specific use permit is required, may approve a site plan that does not comply with the requirements of the design standards provided that: (1) strict compliance with the design standards is impractical due to site constraints or would result in substantial hardship; (2)

the site plan complies with the spirit and intent of the design

(3)

the site plan furthers the stated purpose of the design standards;

standards;

and (4) the variation or exception from the design standards will not adversely affect surrounding properties. (5) For amendments to the design standards site plan, the city plan commission shall follow the same procedures used for approval of minor amendments to development plans, and the fee for a minor plan amendment shall apply. SEC. 51P-759.110.

OFF-STREET PARKING AND LOADING.

(a) Except as provided in this section, consult the use regulations in Division 51A4.200 for the specific off-street parking and loading requirements for each use. Consult Division 51A-4.300 for information regarding off-street parking and loading generally. (b) The required parking for nonresidential uses, except for restaurant uses, office uses, and lodging uses is 4.5 spaces per 1,000 square feet of floor area. In addition, one off-street parking space must be provided for every 500 square feet of covered outdoor sales area and one off-street parking space must be provided for every 2,000 square feet of open outdoor sales area. (c) The following off-street parking requirements apply to office and lodging uses: i. Office: one space per 333 square feet of floor area ii. Lodging: one space for each guest room. (d)[(c)] For purposes of the off-street parking regulations, the Property is considered one lot. SEC. 51P-759.111.

ROADWAY IMPROVEMENTS.

(a) Each application for a building permit or certificate of occupancy must be supplemented with a cumulative floor area calculation for the district and the number of off-street parking required for each retail use. 15

Z123-340(WE)

(b) No certificate of occupancy may be issued for any use in the district once the cumulative floor area for the district reaches 50,000 square feet, until the roadway improvements specified in this section are completed. The following road improvements must be provided on Mockingbird Lane, with final design and construction approved by the director of public works and transportation: (1) Lengthen the existing eastbound left-turn lane of Driveway No. 6, as shown on the conceptual plan, to a minimum of 150 feet storage. (2) [Construct a westbound deceleration lane at Driveway No. 5] No onsite driveway on either side of Drive 5 within 0 feet of Mockingbird Lane right-of-way, as shown on the conceptual plan. SEC. 51P-759.112.

ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI. SEC. 51P-759.113. (a)

LANDSCAPING.

In general.

(1) Except as otherwise provided in this section, landscaping must be provided in accordance with Article X. (2) trees.

A platted lot with less than 25 feet of street frontage does not require street

(3) Required street trees may be planted in adjacent parkways as described in Subsection 51P-759.113(a)(4) and (5), provided that all private licensing requirements of the city code and charter are met. Street trees shall be counted toward the requirements for site trees. (4)[(2)] (b)

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

(1) Minimum parkway planting strip adjacent to Mockingbird Lane, measured from back of curb, is 6 feet. (2) Minimum parkway planting strip adjacent to Forest Park Road, Hawes Street and Maple Avenue, measured from back of curb, is 5 feet. (b)

Tree mitigation.

(1) Except as provided in this section, tree mitigation must be provided in accordance with Article X. 16

Z123-340(WE)

(2) Except as provided in this section, tree mitigation in flood plain areas must be provided in accordance with Article V. (3) Tree mitigation must be completed within 24 months after issuance of a tree removal permit. [(c)

Alternative tree mitigation.]

[(1) The building official shall allow an inch-for-inch tree mitigation credit for healthy, growing, protected trees with a caliper of six inches or more that are transplanted into parking lot islands or medians on the Property.] (2) The building official shall evaluate the condition of trees used for alternative tree mitigation during the first landscape inspection on the Property. SEC. 51P-759.114.

SIDEWALKS.

(a) Sidewalks on Mockingbird Lane must have a minimum unobstructed width of 7 feet. (b) Sidewalks on Forest Park Road, Hawes Street and Maple Avenue must have a minimum unobstructed width of 6 feet.

SEC. 51P-759.11[4](5).

SIGNS.

(a) In general. Except as provided in this section, signs must comply with the provisions for business zoning districts in Article VII. (b) Monument signs. All detached signs, except for shopping center signs, must be monument signs. (c)

Shopping center signs.

(1) For shopping center signs only, the premise is considered the entire Property. (2) Shopping center signs may only be located adjacent to Mockingbird Lane. (3) One shopping center sign is permitted for every 300 feet of street frontage. (4) Shopping center signs must be located at least 400 feet apart. (5) Shopping center signs may not exceed 35 feet in height or 250 square feet in effective area. 17

Z123-340(WE)

SEC. 51P-759.11[5](6).

ADDITIONAL PROVISIONS.

SEC. 51P-759.11[6](7).

COMPLIANCE WITH CONDITIONS.

(a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use in this district 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.

Z123-340(WE)

PROPOSED CONCEPTUAL PLAN

Z123-340(WE)

)

111 I PLANTATION RD

0 ~

tO UJ

HINTON ST

速

VICINITY MAP

1:8,400

Case no:

Z123-340 --=:....:..=-=-='---8/8/201 3

Date: - - - - - - -

Z123-340(WE)

速

AERIAL MAP

Case no:

Date:

1:6,000

Z 123-340 10/9/2013

Z123-340(WE)

SingleÂ FamilyÂ

Single Family

Industrial

Multifamily

Industrial Church

Industrial

Paint Shop

Auto related use

Multifamily IndustrialÂ Industrial Undeveloped Auto related use

Z123-340(WE)

3 4& 5

Z123-340(WE)

CPC RESPONSES

Z123-340(WE)

Notification List of Property Z123-340 217 Property Owners Notified

Vote

1 Property Owner Opposed

Label # Address

13 Property Owners in Favor

Owner

6910

FOREST PARK RD

MOCKINGBIRD VENTURE PARTNERS LLC

2232

EMPIRE CENTRAL

MOCKINGBIRD VENTURE PARTNERS LLC

2222

PEERLESS LN

BARRON FRED

2201

WALRAVEN LN

VEGA SILVIA

2232

EMPIRE CENTRAL

VALENCIA JORGE

2201

BLUESTAR LN

HERNANDEZ HERIBERTO LOPEZ

2206

BLUESTAR LN

SANDOVAL MARIO

2214

BLUESTAR LN

MUNOZ NOE

2217

BLUESTAR LN

RODRIGUEZ MANUEL

2202

WALRAVEN LN

DIAZ AGUSTIN

2210

WALRAVEN LN

GUERRERO JOSE

2211

WALRAVEN LN

SANCHEZ JUAN

2216

WALRAVEN LN

ORTIZ JOSE

2217

WALRAVEN LN

VILLEGAS CARLOS

2216

BLUESTAR LN

GONZALEZ SERGIO

2221

WALRAVEN LN

SEGURA DANIEL

2206

PEERLESS LN

MARTINEZ LILIANA

2208

PEERLESS LN

MENDOZA ENRIQUE

2209

PEERLESS LN

CANELO JOSE ANTONIO

2213

PEERLESS LN

MARTINEZ LILIANA

2215

PEERLESS LN

JUAREZ ROLANDO

2217

PEERLESS LN

BILLEDA FLAVIO

2218

PEERLESS LN

LOPEZ VICTOR

2219

PEERLESS LN

RODRIGUEZ RICARDO

2202

MARLETTE LN

MARTINEZ MOISES

2204

MARLETTE LN

LARA RAYMOND

Thursday, December 19, 2013

Z123-340(WE)

Vote

Label # Address

Owner

2209

MARLETTE LN

QUEVADO MARIA

2210

MARLETTE LN

LEDEZMA DELFINO

2214

MARLETTE LN

VALENCIA DAVID

2217

MARLETTE LN

CORTEZ ABRAHAM

2220

MARLETTE LN

NIEVES AMADO

2222

MARLETTE LN

AVILES BERNARDO

2110

NEW MOON LN

SANCHEZ CARMELA

2202

NEW MOON LN

MENDOZA MARICRUZ

2203

NEW MOON LN

VASQUEZ ALEJANDRO

2204

NEW MOON LN

GIRON SALVADOR

2205

NEW MOON LN

RAMOS SIMON

2206

NEW MOON LN

MEJIA SERGIO

2208

NEW MOON LN

UGLADE JOSE

2210

NEW MOON LN

BRIONES JUAN MUNIZ & RAMONA

2211

NEW MOON LN

MARTINEZ LIONSO

2220

NEW MOON LN

TAMAYO JOSE C.

2222

NEW MOON LN

QUEZADA GERARDO

6713

HEARTSILL DR

LEDEZMA ROSALIO

6719

HEARTSILL DR

RAZO SONIA

6723

HEARTSILL DR

MENDEZ MANUEL

6720

ARTFUL DR

MENDOZA OSBALDO

2232

EMPIRE CENTRAL

TERALTA SAMUEL

2232

EMPIRE CENTRAL

ROBERTS OFELIA

2201

NEW MOON LN

GAMEZ CONCEPCION

6722

ARTFUL DR

RODRIGUEZ JOSE

2108

NEW MOON LN

REYES OMAR

2222

WALRAVEN LN

PREDA JESUS

2232

EMPIRE CENTRAL

GONZALES JUAN MARTIN

2202

BLUESTAR LN

FLORES RUBEN

2203

BLUESTAR LN

CORTEZ DANIEL

2205

BLUESTAR LN

SANCHEZ GUSTAVO

Thursday, December 19, 2013

Z123-340(WE)

Vote

Label # Address

Owner

2210

BLUESTAR LN

MARTINEZ JOSE

2212

BLUESTAR LN

TORRES RUBEN MUNOZ

2213

BLUESTAR LN

RODRIGUEZ ABIGAIL

2204

WALRAVEN LN

LOSEDA YOLANDA

2206

WALRAVEN LN

MELENDEZ VIRGINA

2209

WALRAVEN LN

RAMIREZ FIDEL

2213

WALRAVEN LN

SANCHEZ BERTHA & VERA MIGUEL

2214

WALRAVEN LN

VILLEGAS MARGARITO

2215

WALRAVEN LN

CARREON ALEJANDRO

2220

WALRAVEN LN

RODRIGUEZ TOMAS

2201

PEERLESS LN

MORALES MARISOL

2203

PEERLESS LN

RAMIREZ YOLANDA

2204

PEERLESS LN

AGUILAR RAUL

2205

PEERLESS LN

MORALES CONSTANCIO

2207

PEERLESS LN

ROSALIA ERNESTINA

2210

PEERLESS LN

DELACRUZ RODOLFO

2211

PEERLESS LN

GARCIA JESUS

2212

PEERLESS LN

YANEZ JOSE

2216

PEERLESS LN

ANDRADE JACQUELINE

2201

MARLETTE LN

MARTINEZ LUCIA

2203

MARLETTE LN

JURA MICHAEL

2206

MARLETTE LN

CASTANEDA FRANCISCO

2207

MARLETTE LN

GARCIA CAESAR

2208

MARLETTE LN

DELEON MARIA

2212

MARLETTE LN

HERNANDEZ TERESA

2216

MARLETTE LN

EUGENIO ELVERADO

2218

MARLETTE LN

GONZALES JOSE

2104

NEW MOON LN

RODRIGUEZ ROSA

2112

NEW MOON LN

HENIZE JOHN

6715

HEARTSILL DR

ANGUIANO JOSE

2205

MARLETTE LN

MARTINEZ LILIANA

Thursday, December 19, 2013

Z123-340(WE)

Vote

Label # Address

Owner

2211

MARLETTE LN

ARANDA ISMAEL

2207

NEW MOON LN

GARCIA RAFAEL

2212

NEW MOON LN

ROJAS MISRAIM

2214

NEW MOON LN

SAENZ GUADALUPE

2216

NEW MOON LN

SAINZ MISAEL

2217

NEW MOON LN

VASQUEZ TORIBIO

2218

NEW MOON LN

SANCHEZ MARIA

6717

HEARTSILL DR

ALLMAGUAR JOSE

6721

HEARTSILL DR

VASQUEZ BENITO

6713

ARTFUL DR

AGUILAR CRECENCIA

6714

ARTFUL DR

CURE STEVE

100

6715

ARTFUL DR

MOLINA JUAN

101

6716

ARTFUL DR

MUNOZ EVA LUCIA

102

6718

ARTFUL DR

RUIZ JOSE

103

6719

ARTFUL DR

CHAVEZ ESPERANZA

104

6723

ARTFUL DR

GALAN RAUL

105

6712

DANTE DR

REYES HUGO

106

6716

DANTE DR

MUNOZ RAFAEL

107

6718

DANTE DR

DIAZ LUIS

108

6720

DANTE DR

MOROIN EDI

109

6722

DANTE DR

RICO ALFONZO

110

2232

EMPIRE CENTRAL

SWETZER TAMMY

111

2232

EMPIRE CENTRAL

JIMENEZ MARTHA

112

2215

BLUESTAR LN

SANCHEZ LILIA

113

2224

WALRAVEN LN

CASTRELLON BERTHA

114

6721

ARTFUL DR

RIVERA DUVELSA

115

2209

NEW MOON LN

RIVERA JOSE

116

2205

WALRAVEN LN

SANCHEZ MARIA

117

2213

MARLETTE LN

GONZALEZ DAVID

118

2209

BLUESTAR LN

VEITENHEIMER ELEANOR

119

2207

WALRAVEN LN

WILDER CATHY

Thursday, December 19, 2013

Z123-340(WE)

Vote

O X

Label # Address

Owner

120

2211

BLUESTAR LN

LUCAS EUGENIO

121

2215

NEW MOON LN

DURAN NOYOLA ARCELIA

122

2219

WALRAVEN LN

BARRERA IVAN

123

6721

MAPLE AVE

MOCKINGBIRD VENTURE PARTNERS

124

7110

FILLMORE DR

BLTREJV 3 DALLAS LLC

125

7106

FILLMORE DR

WEAR JOHN G

126

7102

FILLMORE DR

RANGEL DOLORES A

127

7010

FILLMORE DR

PLASCENCIA MARIO

128

7006

FILLMORE DR

PULLEN MELVIN L

129

7002

FILLMORE DR

CONDE EPIFANIA

130

7123

FILLMORE DR

TORRES TOMAS

131

7119

FILLMORE DR

CERVANTES MANUEL JR

132

7007

FILLMORE DR

CROUCH COLEMAN R

133

7111

FILLMORE DR

VALLES JOSE L ET AL

134

7107

FILLMORE DR

GONZALEZ MIGUEL

135

7103

FILLMORE DR

CARLOS CONSTANTINE

136

7011

FILLMORE DR

FLORES GUADALUPE

137

7003

FILLMORE DR

CROUCH C R

138

7126

MOHAWK DR

GUTIERREZ MERCEDEZ

139

7122

MOHAWK DR

PERALEZ DOROTHY

140

7118

MOHAWK DR

FAZ AVELINO S

141

7114

MOHAWK DR

GONZALEZ FRANCISCO &

142

7110

MOHAWK DR

RIVERA LORENZA

143

7106

MOHAWK DR

FLORES JESUS E

144

7102

MOHAWK DR

RAMIREZ LORENZO & MARIA

145

7010

MOHAWK DR

GONZALES GUSTAVO

146

7006

MOHAWK DR

WOHLGEMUTH BRIAN LEE ETAL

147

7002

MOHAWK DR

NELSON DARRELL PATRICK

148

2103

EMPIRE CENTRAL

BFH PPTIES LLC

149

7011

MOHAWK DR

CASTRO PEDRO D

150

7103

MOHAWK DR

MARTINEZ JUAN

Thursday, December 19, 2013

Z123-340(WE)

Vote

Label # Address

Owner

151

2145

EMPIRE CENTRAL

IGLESIA DE CRISTO EMPIRE CENTRAL

152

7007

MOHAWK DR

MORALES JESUS S &

153

2121

EMPIRE CENTRAL

LUAU JOINT VENTURE

154

2203

EMPIRE CENTRAL

KOKO JOINT VENTURE

155

2221

EMPIRE CENTRAL

PLEASANT RUN LANCASTER

156

2115

EMPIRE CENTRAL

2115 EMPIRE CENTRAL LLC

157

7107

MOHAWK DR

SALAS ANTONIO

158

2137

EMPIRE CENTRAL

1250 WDT LTD

159

7003

MOHAWK DR

MARTINEZ PATRICIA

160

7111

MOHAWK DR

VETERANS OF FOREIGN WARS

161

2234

SHEA RD

RENTERIA RODOLFO M

162

2226

SHEA RD

GUAJARDO DORA MARIA QUINONES

163

2222

SHEA RD

BARRERA GILBERTO &

164

2218

SHEA RD

ALMAGUER ELIAS & MERCEDES

165

2214

SHEA RD

RAMIREZ RAUL &

166

2210

SHEA RD

LOPEZ TEODORO JAIMES

167

2206

SHEA RD

RODRIGUEA JOSE ANGEL

168

2202

SHEA RD

CHAVEZ DOLORES G

169

2162

SHEA RD

DALLAS AREA HABITAT FOR HUMANITY

170

6707

MAPLE AVE

TEXAS UTILITIES ELEC CO

171

6926

MOHAWK DR

BOOZIOTIS BILL

172

6922

MOHAWK DR

WATTACHERIL JOSEPH J

173

6910

MOHAWK DR

JACOB JOSEPH W

174

6925

MOHAWK DR

TINSLEY CLAUDIA ANNE M

175

6919

MOHAWK DR

ABAUNZA DENIS E & A OMEGA

176

6911

MOHAWK DR

TUNIS BENJAMIN ESTATE OF

177

6907

MOHAWK DR

QUINN DENISE MARIE

178

2148

EMPIRE CENTRAL

BFH LTD

179

2152

EMPIRE CENTRAL

SOLIS GLORIA B

180

2156

EMPIRE CENTRAL

HERNANDEZ DAVID PAEZ &

181

2304

MOCKINGBIRD LN

WILLINGHAM REUBEN TR ETAL

Thursday, December 19, 2013

Z123-340(WE)

Vote

Label # Address

Owner

182

6516

FOREST PARK RD

TAYLOR THOMAS W

183

2200

MOCKINGBIRD LN

BOARD OF REGENTS OF THE

184

2449

MOCKINGBIRD LN

GREENWAY-MOCKINGBIRD LP

185

6627

MAPLE AVE

6627 MAPLE AVE PS

186

2525

MOCKINGBIRD LN

PRESCOTT INTERESTS LTD

187

6638

MAPLE AVE

HAWES JOINT VENTURE

188

6644

MAPLE AVE

LAMM FRIEDA WOOD

189

2608

HAWES AVE

WILLIAMSON HAWES JV

190

2510

HAWES AVE

HAWES JV

191

6700

MAPLE AVE

JONES BLAIR CO

192

6814

MAPLE AVE

GARCIA JORGE

193

2221

MOCKINGBIRD LN

GENUINE PARTS COMPANY

194

2128

HAWES AVE

MOORE STEPHEN LOUIS

195

2130

HAWES AVE

JL & JB PROPERTIES INC

196

2114

HAWES AVE

MOORE DISPOSAL INC

197

2116

HAWES AVE

MDC HAWES LLC

198

2110

HAWES AVE

MDC-HAWES

199

2108

HAWES AVE

MDC HAWES

200

6303

FOREST PARK RD

BOARD OF REGENTS OF THE UNIVERSITY

201

6303

FOREST PARK RD

BOARD OF REGENTS OF THE UNIVERSITY

202

2100

LANGSTON CT

6814 HH PARTNERS LP

203

2102

EMPIRE CENTRAL

SUAREZ MARCOS N

204

2040

EMPIRE CENTRAL

GIRLS INCORPORATED OF

205

6835

FOREST PARK RD

SONG JIN HEE

206

2119

LANGSTON CT

LEE J KENNETH

207

2123

LANGSTON CT

FORESTPARK SERVICES LLC

208

2127

LANGSTON CT

VALDEZ FRANCISCO

209

2131

LANGSTON CT

MCRAE MICHAEL C

210

6901

FOREST PARK RD

FORD LEVERNE R &

211

6911

FOREST PARK RD

DOUBLE E PROPERTIES

212

2126

EMPIRE CENTRAL

IMPRUNETTA LLC

Thursday, December 19, 2013

Z123-340(WE)

Vote O

Label # Address

Owner

213

6801

MAPLE AVE

MAPLE EMPIRE LLC

214

6930

FOREST PARK RD

BFH LTD

215

2608

MOCKINGBIRD LN

CARLISLE INTERESTS INC

216

2121

MOCKINGBIRD LN

MESQUITE CREEK

217

2111

MOCKINGBIRD LN

MESQUITE CREEK DEV INC

Thursday, December 19, 2013

AGENDA ITEM # 62 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

26 V

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 344 on the northeast line of Park Lane, northwest of Abrams Road Recommendation of Staff and CPC: Approval, subject to a revised development/landscape plan and conditions Z123-370(WE)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-370(WE)

DATE FILED: September 9, 2013

LOCATION:

Northeast line of Park Lane, northwest of the northwest line of Abrams Road

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 28.21 acres

CENSUS TRACT: 78.21

26-V

APPLICANT:

Earle Clark Caruth Trust c/o Bank of America

OWNER:

Golf Entertainment International

REPRESENTATIVE:

Robert Reeves Robert Reeves & Associates, Inc.

REQUEST:

An application for an amendment to Planned Development District No. 344.

SUMMARY:

The purpose of this request is to increase the fence height (netting) by 40 feet along Abrams Road and the total floor area of several buildings. The increased fence height will help prevent the golf balls from projecting over the net onto surrounding properties. Also proposed is a 651-square-foot restroom expansion, a 604-square-foot covered patio and a 3,088-square-foot breezeway.

CPC RECOMMENDATION:

Approval, subject to a revised plan/landscape plan and conditions.

development

STAFF RECOMMENDATION:

Approval, subject to a revised plan/landscape plan and conditions.

development

DESIGNATED ZONING CASE

Z123-370(WE)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of an amendment to Planned Development District No. 344 based upon: 1. Performance impacts upon surrounding property – The request for an amendment to Planned Development District No. 344 should not have a negative impact on the surrounding areas. The proposed building expansions are internal to overall development and will not impact the adjacent properties. The applicant is proposing to increase the fence height in the northern, southern and eastern portion of the golf driving range to reduce the chance of golf balls being hit over the fence and affecting adjacent properties. The additional height should not obstruct the pedestrian’s line of sight from the adjacent property. The fence is a see-through netting material. 2. Traffic impact – The increased fence height and site additions will not increase the number of vehicle trips nor have a negative impact on the street system. 3. Comprehensive Plan or Area Plan Conformance – The forwardDallas! Comprehensive Plan shows that the request site in located in an Urban Mixed Use Building Block where a combination of residential and retail uses are envisioned for the area. The proposed request is in compliance with the forwardDallas! Comprehensive Plan BACKGROUND INFORMATION: •

The request site is currently developed with a commercial amusement (inside and outside) use, specifically a golf driving range, inside amusement center, and equestrian center.

•

The applicant is proposing to increase the fence height in the southern and eastern portion of the golf driving range to reduce the chance of golf balls being hit over the fence and affecting other properties. The proposed amendment will also permit the expansion of the various facilities.

•

In April 2013, the City Plan Commission approved a waiver of the two-year waiting period. The wavier approval allowed the applicant to submit an application for the amendment to Planned Development District No. 344.

•

In October 2013, The City Plan Commission approved a minor amendment to the development and landscape plan for Planned Development District No. 344. The amendment was approved for a 1,545-square-foot kitchen addition within the golf pavilion area.

Z123-370(WE)

Zoning History: 1.

There has been one recent zoning change requested in the area.

Z123-107 On January 23, 2013, the City Council approved an amendment to PDD No. 344 on the northeast line of Park Lane, northwest of the northwest line of Abrams Road.

Thoroughfares/Streets: Thoroughfare/Street

Park Lane

Type

Existing ROW

Proposed ROW

Collector

60 ft.

Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that the proposed amendments will not have a negative impact on the surrounding street system. The analysis is based upon the traffic worksheet the applicant provides during the application submittal. Surrounding Land Uses:

Site

Zoning PDD No. 344

North South East West

R-7.5(A) MF-2(A),CR CR R.75(A)

Land Use Commercial amusement side, Commercial amusement (outside), equestrian center, golf range Undeveloped Multifamily, Retail Undeveloped Undeveloped

Z123-370(WE)

friendly, providing excellent connectivity to shopping, schools and other community services. Emphasis should be placed on slowing traffic through use of on-street parking and other similar traffic calming measures. Public investments in these areas will focus on parks, pathways, transit stops, pedestrian-oriented landscaping and road improvements. The Comprehensive Plan does not address minute details of a development such as the applicantâ&#x20AC;&#x2122;s request to increase fence height. However, the existing development provides recreational opportunities in a mostly open-air environment. The site abuts public park property and has minimal impact on the surrounding residential uses, except for golf balls flying over the current fence. The proposed amendments comply with the following goals and policies of forwardDallas! LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. GOAL 1.4

COORDINATE PLANNING ACTIVITIES TO BALANCE TRANSPORTATION, LAND USE, INFRASTRUCTURE AND THE ENVIRONMENT

Policy 1.4.3

Embrace environmental sustainability.

ENVIRONMENT ELEMENT GOAL 6.5

PROVIDE ACCESS TO PARKS, RECREATIONAL OPPORTUNITIES

OPEN

SPACES

AND

STAFF ANALYSIS: Land Use Compatibility: The 28.21-acre site is developed with a various commercial amusement (inside) and commercial amusement (outside) uses, which include golf, a driving range and par three golf course, a miniature golf course, petting zoo, a clubhouse with an indoor game room, meeting rooms, retail, banquet facility, softball field, and maintenance facilities. The amendment to Planned Development District No. 344 is twofold: 1) permit an increase in the fence height from 120 feet to 160 feet along a part of the southern, eastern and northern property, and 2) increase the floor area of several facilities within the development. The increase in fence height from 120 feet to 160 feet will reduce the chance of golf balls being hit over the fence and affecting adjacent properties. The applicant currently owns several golf ranges. As a result of the events that occurred at the other facilities, 4

Z123-370(WE)

the applicant wants to take a proactive approach in providing a safe environment for the pedestrians and business owners. In addition, the applicant is proposing the additional floor areas within the development: 1) 651 square foot restroom expansion, 2) 604 square feet of covered patio, and 3) 3,088-square-foot breezeway. The additional floor area proposed on site in conjunction with the existing building floor area totals 50,012 square feet and is within the allowable maximum square footage the Planned Development District permits. PDD No. 344 permits a total of 52,500 square feet of floor area in the area identified as a “Golf Facility.” The request site is wrapped to the north/northeast by Fair Oaks Park. An undeveloped parcel zoned CR District uses abuts the eastern property line. Various retail uses are developed to the east and southeast near the intersection of Park Lane and Abrams Road. The balance of the land uses to the south/southwest consists of low- and medium-density multifamily uses. A DART right-of-way abuts the western property line with additional multifamily uses west of the DART property. Development Standards: DISTRICT

PDD no. 344

SETBACKS Front 15’

Side/Rear 30’ adjacent to residential OTHER: No Min.

Density

Height

Lot Coverage

Special Standards

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

Landscaping: Landscaping will be in accordance with Article X, as amended. Miscellaneous – Conditions: Staff has reviewed and supports the changes to the conditions. The applicant is proposing to consolidate the floor areas in the Golf Facility under the designation of “golf pavilion and golf tee-line structure.

Z123-370(WE)

CPC Action (December 5, 2013) Motion: It was moved to recommend approval of an amendment to Planned Development District No. 344, subject to a revised development/landscape plan and conditions on the northeast line of Park Lane, northwest of Abrams Road. Maker: Culbreath Second: Soto Result: Carried: 13 to 0 For:

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

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

Area: For:

0 2 - Anglin, Bagley 0 500 2

Mailed: 218 Against: 0

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

Z123-370(WE)

LIST OF OFFICERS Earle Clark Caruth Trust c/o Bank of America

Z123-370(WE)

LIST OF OFFICERS Golf Entertainment International

Z123-370(WE)

CPC PROPOSED PDD CONDITIONS

ARTICLE 344. PD 344. SEC. 51P-344.101. LEGISLATIVE HISTORY. PD 344 was established by Ordinance No. 20841, passed by the Dallas City Council on December 12, 1990. Ordinance No. 20841 amended Ordinance No. 19455, Chapter 51A of the Dallas City Code, as amended. Ordinance No. 20841 was amended by Ordinance No. 20925, passed by the Dallas City Council on April 10, 1991; Ordinance No. 22044, passed by the Dallas City Council on May 11, 1994; and Ordinance No. 24810, passed by the Dallas City Council on January 9, 2002. SEC. 51P-344.102. PROPERTY LOCATION AND SIZE. PD 344 is established on property generally fronting on the northeast line of Park Lane, northwest of the northwest line of Abrams Road. The size of PD 344 is approximately 28.2138 acres. SEC. 51P-344.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. (b) Unless otherwise stated, all references to articles, divisions, and sections in this article are to articles, divisions, and sections in Chapter 51A. (Ord. 25850) SEC. 51P-344.104. LANDSCAPE AND DEVELOPMENT PLAN. Development and use of the Property must comply with the landscape and development plan (Exhibit 344A).) SEC. 51P-344.105. LANDSCAPING. (a) Landscaping must be provided as shown on the landscape and development plan. (b) Plant materials must be maintained in a healthy, growing condition.

Z123-370(WE)

SEC. 51P-344.106. USES. (a) Commercial amusement (inside) and commercial amusement (outside), including golf, driving range and par three golf course, a miniature golf course, petting zoo, a clubhouse with an indoor gameroom, meeting rooms, retail, banquet facility, softball field, and maintenance facilities. (b) Equestrian center for boarding of horses. (c) Single family. (d) Handicapped group dwelling unit. SEC. 51P-344.107. FLOOR AREA. Maximum floor area is as follows: Use

Maximum Floor Area (in square feet)

Commercial amusement (inside) and related uses. Gameroom Banquet facility Retail Restaurant Miniature golf Covered areas

1,000 14,800 1,500 1,500 500 12,358

Golf uses. Golf pavilion and Golf tee-line structure [Golf pavilion patio [Golf tee-line structure Service area

[14,200] 52,500 6,000] 32,300] 700

Other uses. Maintenance building Petting zoo Horse stables Open air pavilion Superintendentâ&#x20AC;&#x2122;s residence Covered area Accessory storage pavilion

2,400 1,600 43,200 47,450 2,025 1,000 3,600

Z123-370(WE)

SEC. 51P-344.108. FLOOR AREA RATIO. Maximum floor area ratio is 0.15. SEC. 51P-344.109. OFF-STREET PARKING. Parking must be provided as shown on the landscape and development plan. The minimum number of parking spaces required is 350. SEC. 51P-344.110. FENCES. Fences must be provided as shown on the landscape and development plan. SEC. 51P-344.111. HEIGHT. Except for fences and light poles, no structures may exceed 36 feet in height. SEC. 51P-344.112. GENERAL REQUIREMENTS. (a) Use of the Property must comply with all applicable federal and state laws, regulations, and with all applicable ordinances, rules, and regulations of the city. (b) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (c) The building official shall not issue a building permit or certificate of occupancy for a use in this PD until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. [SEC. 51P-344.113. ZONING MAP.] [PD 344 is located on Zoning Map Nos. F-8 and F-9.]

Z123-370(WE)

EXISTING DEVELOPMENT PLAN/ LANDSCAPE PLAN

Z123-370(WE)

PROPOSED DEVELOPMENT PLAN/ LANDSCAPE PLAN

Z123-370(WE)

sEUGwio<OR 1ol'SficLO OR

.t-t;-

#(j ~

Hotchkiss

速

VICINITY MAP

1:9,600

Case no:

Z123-370

11 /6/2013 Date: _ ___:__::..:.._:_ _ _ _ _ __

Z123-370(WE)

AERIAL MAP

Case no: Date:

1:7,200

11/6/2013

Z123-370(WE)

Park Undeveloped

Undeveloped

Multifamily Multifamily Retail

Z123-370(WE)

CPC RESPONSES

l (

_ _2_1_8_ _ _ _ _2___ _ _ _0___ - -"-500"-"-_'__ 12/5/2013

Property Owners Notified (25 parcels) Replies in Favor (O parcels) Replies in Opposit ion (O parcels) Area of Notification Date

Z123-370 CPC

1:7,200

Z123-370(WE)

Notification List of Property Owners Z123-370 218 Property Owners Notified

Vote

0 Property Owners Opposed

Label # Address

2 Property Owners in Favor

Owner

8787

PARK LN

CARUTH EARLE CLARK TRUST

6801

ABRAMS RD

CARUTH EARLE CLARK TRUST

8876

PARK LN

HENDRIX PHILLIPS I LP

6808

LARMANDA ST

PARK LANE TERRACE APTS LTD

8780

PARK LN

LSF SERENDIPITY LP

8650

PARK LN

CCC&R PARK LANE LLC

6760

EASTRIDGE DR

LOMJ APARTMENTS LLC

6800

ABRAMS RD

MCGRAW W HAL FAMILY TR

6000

PINELAND DR

BECKER LEWIS E & BETTIE L

6640

EASTRIDGE DR

SANCHEZ PEDRO &

6161

PINELAND DR

GLORIOUS SUNSHINE INC

6749

ABRAMS RD

MEISELS WOLF &

6749

ABRAMS RD

BURGER KING

6419

SKILLMAN ST

DAYTON HUDSON CORP

6751

ABRAMS RD

CIG SKILLMAN INC

6769

ABRAMS RD

PARK ABRAMS ENTERPRISES LLC

6770

SKILLMAN ST

HERITAGE INTERCONTINENTAL

401

BUCKNER BLVD

DART

6754

EASTRIDGE DR

MYERS ERICA

6754

EASTRIDGE DR

ALEMU TEKLU

6754

EASTRIDGE DR

EAST MIDTOWN CORPORATION

6754

EASTRIDGE DR

MILLS CHRISTINE

6754

EASTRIDGE DR

MCCORVEY KIMI L

6754

EASTRIDGE DR

ALEMU TEKLU

6754

EASTRIDGE DR

LOZAW BUFFY &

6754

EASTRIDGE DR

BISHOP WILLARD J JR

Wednesday, December 18, 2013

Z123-238 (WE)

Vote

Label # Address

Owner

6754

EASTRIDGE DR

MARTIN TONI

6754

EASTRIDGE DR

CRAIG ANTHONY S

6754

EASTRIDGE DR

DEUTSCHE BANK NATIONAL TRUST

6754

EASTRIDGE DR

HOLLANDSWORTH LEVI U

8750

PARK LN

SLEEPER EARL

8750

PARK LN

KEDZIERSKI ARTHUR A

8750

PARK LN

CHALACH ISRAA AL

8750

PARK LN

EDERAMILY IVON AWAD

8750

PARK LN

LAMPKIN MARK E

8750

PARK LN

VO KHOA

8750

PARK LN

LE PHONG K

8750

PARK LN

LEACH WILLIAM A & CAROL R

8750

PARK LN

BOJILOVA ELENA & NIKOLAI KARENEV

8750

PARK LN

SLOPPY TROY

8750

PARK LN

MERRITT JEANETTE M

8750

PARK LN

NAVARRO ALLAN &

8750

PARK LN

WILLIAMS LAWRENCE

8750

PARK LN

WILLIAMS KAREN

8750

PARK LN

ALBERTSON JEFF & SHERRI

8750

PARK LN

HILL ON PARK LANE OWNERS ASSN INC

8750

PARK LN

GIPSON MICHAEL

8750

PARK LN

HARRIS W DAVID

8750

PARK LN

MENDOZA NORMA I

8750

PARK LN

VAN ECK PROPERTIES LLC

8750

PARK LN

RODRIGUEZ JUAN & LUZ E

8750

PARK LN

HILL ON PARK LANE OWNERS

8750

PARK LN

DHAUD IBRAHIM

8750

PARK LN

LEACH WILLIAM A & CAROL

8750

PARK LN

DALLAS AREA HABITAT FOR HUMANITY

8750

PARK LN

BURDETTE DAVID BAILEY

8750

PARK LN

FIGUEROA VIVIANA

Wednesday, December 18, 2013

Z123-238 (WE)

Vote

Label # Address

Owner

8750

PARK LN

GARCIA DAVID & GABRIEL

8750

PARK LN

913 NEVADA TRUST

8750

PARK LN

MUNOZ JOSE L

8750

PARK LN

ADESANWO ANTHONY &

8750

PARK LN

LONAC SNJEZANA

8750

PARK LN

MUNOZ JOSE L

8750

PARK LN

MEKURIA ESKINDER E

8750

PARK LN

LEE LI K

8750

PARK LN

CHAMNESS LEON

8750

PARK LN

ARAI ERI

8750

PARK LN

SUMMERS CHONG CHA &

8750

PARK LN

FREENY JERRY

8750

PARK LN

UNDERWOOD EDWARD W

8750

PARK LN

KELLY JERRICKA

8750

PARK LN

LAFVING DIANE

8750

PARK LN

JOHN JASMINE

8750

PARK LN

ARNOLD CHANDA

8750

PARK LN

DIAL LYSANDRA

8750

PARK LN

GAUTHIER FELECIA A

8750

PARK LN

GANIBI HELEN C

8750

PARK LN

GARCIA AGAPITA B &

8750

PARK LN

DICKINSON DUDLEY

8750

PARK LN

SCAIFE ANTHONY &

8750

PARK LN

CHARLTON ANGELA W

8750

PARK LN

DANIEL JOHNNIE MAE LF EST

8750

PARK LN

EQUITY TRUST CO CUSTODIAN

8750

PARK LN

EQUITY TRUST COMPANY CUSTODIAN

8750

PARK LN

MCNEELY WADE P

8750

PARK LN

BENITEZ CARMEN

8750

PARK LN

LEE HAHN WOOK

8750

PARK LN

LOTZER BENJAMIN M

Wednesday, December 18, 2013

Z123-238 (WE)

Vote

Label # Address

Owner

8750

PARK LN

FITZGERALD BRIAN

8750

PARK LN

POOLE ALYSON L

8750

PARK LN

GAMEZ ROLAND

8750

PARK LN

MILLER PEGGY & ERIC

8710

PARK LN

TBR A SERIES OF OLIVER

8710

PARK LN

LYONS DARRIN S

8710

PARK LN

TBR C SERIES OLIVER AVENUE REALTY

8710

PARK LN

LOZANO FRIDA N & DAVID

8710

PARK LN

DOGLIO ROBIN ANN

8710

PARK LN

TBR F SERIES OF TRAVIS ROAD REALTY

8710

PARK LN

GADLIN FOREST EDWARD III

100

8710

PARK LN

8710 H SERIES LLC

101

8710

PARK LN

NAVALTA DOMINADOR

102

8710

PARK LN

HUGHES ALVIN D

103

8710

PARK LN

PARR JOSHUA C

104

8710

PARK LN

SEVEN FLAGS INVESTMENTS LLC SERIES C

105

8710

PARK LN

SOLEMENE WILLIAM A

106

8710

PARK LN

NARK SHANNON M

107

8710

PARK LN

FISERV ISS & CO TRUSTEE

108

8710

PARK LN

HAYWARD THOMAS T &

109

8710

PARK LN

TBR Q SERIES OF OLIVER

110

8710

PARK LN

BREHM STEVEN &

111

8710

PARK LN

MARU YOSEF H

112

8710

PARK LN

TBR T SERIES OF OLIVER

113

6808

EASTRIDGE DR

DUNN JOSEPH G

114

6808

EASTRIDGE DR

MEDINA ERICK A

115

6808

EASTRIDGE DR

MOSSIM-HUTCHENS SANDRA

116

6808

EASTRIDGE DR

WOODRIDGE 4 SERIES OF

117

6808

EASTRIDGE DR

RIOS RUBY

118

6808

EASTRIDGE DR

WOODRIDGE A6 SERIES

119

6808

EASTRIDGE DR

VAUGHAN JOHN H

Wednesday, December 18, 2013

Z123-238 (WE)

Vote

Label # Address

Owner

120

6808

EASTRIDGE DR

BARRY SCOT D

121

6808

EASTRIDGE DR

KAUFMANN JENNIFER

122

6808

EASTRIDGE DR

GARVIS SALLY JO

123

6808

EASTRIDGE DR

WERTHEIMER JACK JR &

124

6808

EASTRIDGE DR

POLLABAUER RUDOLF

125

6808

EASTRIDGE DR

QUENTIN STEVEN M

126

6808

EASTRIDGE DR

HUGHES DANIEL J

127

6808

EASTRIDGE DR

WORM METRICK J

128

6808

EASTRIDGE DR

SEVEN FLAGS INVESTMENTS LLC

129

6808

EASTRIDGE DR

ABURAS JILL M

130

6808

EASTRIDGE DR

HUGHES TREVOR W

131

6808

EASTRIDGE DR

MCCAIN KATHY RENEE

132

6808

EASTRIDGE DR

VEGA CYNTHIA

133

6808

EASTRIDGE DR

LAHRMAN KAREN

134

6808

EASTRIDGE DR

LINCOLN TRUST CO FBO

135

6808

EASTRIDGE DR

YUKHIN RICHARD

136

6808

EASTRIDGE DR

WILLIAMS PHYLLIS A

137

6808

EASTRIDGE DR

BROWN ROBERT J

138

6808

EASTRIDGE DR

HARVEY JOSHUA &

139

6808

EASTRIDGE DR

DOBSON WILLIAM TERRELL JR

140

6808

EASTRIDGE DR

ABRAMS DENNIS I

141

8601

PARK LN

JOHN PHILIP JORDAN

142

8601

PARK LN

KUNKEL SHERILYN

143

8601

PARK LN

WOODS 113 SERIES

144

8601

PARK LN

FERNANDEZ SENORINA & MIGUEL

145

8601

PARK LN

BAJRAMOVIC ZLATA

146

8601

PARK LN

FOX JAY W

147

8601

PARK LN

WOODS 123 SERIES OF TRAVIS ROAD

148

8601

PARK LN

GUIDRY TOD BONNER

149

8601

PARK LN

LAMAS MARIA TERESA

150

8601

PARK LN

GREENFIELD BETTY

Wednesday, December 18, 2013

Z123-238 (WE)

Vote

Label # Address

Owner

151

8601

PARK LN

HARRIS STEVEN

152

8601

PARK LN

8601 214 SERIES LLC

153

8601

PARK LN

WOODS 221 SERIES

154

8601

PARK LN

HOLL DAVID COVELL

155

8601

PARK LN

BRAMMER ELIZABETH M

156

8601

PARK LN

WOODS 224 SERIES

157

8601

PARK LN

ALLEY DONNA JEAN TR

158

8601

PARK LN

LOCKHART ALLAN MICHAEL E

159

8601

PARK LN

COOK ROY

160

8601

PARK LN

NTC AND CO LLP

161

8601

PARK LN

GLASGOW WAYMOND I

162

8601

PARK LN

WOODS 322 SERIES

163

8601

PARK LN

WOODS 323 SERIES OF OLIVER AVENUE

164

8601

PARK LN

SMALL LEE REVOCABLE TRUST

165

8601

PARK LN

ARREBONDA DAVID

166

8601

PARK LN

RUEDEMANN NANCY SUE

167

8601

PARK LN

8601 413 SERIES LLC

168

8601

PARK LN

CORNWELL GREGORY S & KATHY C

169

8601

PARK LN

PAPP JON WILLIAM

170

8601

PARK LN

AMANT ENTERPRISES

171

8601

PARK LN

WALKER JAMES S

172

8601

PARK LN

CERDA DAVID

173

8601

PARK LN

CHAN ALFRED T

174

8601

PARK LN

ROTRUCK CYNTHIA D

175

8601

PARK LN

BIRNBAUM MARC A INC

176

8601

PARK LN

HERRERA WLADIMIR

177

8601

PARK LN

WILLIAMS EDWARD L

178

8601

PARK LN

WOODS 427 SERIES

179

8601

PARK LN

WOODS 428 SERIES

180

8601

PARK LN

HOSSAIN MOSHARRAF &

181

8601

PARK LN

WOODS 512 SERIES

Wednesday, December 18, 2013

Z123-238 (WE)

Vote

Label # Address

Owner

182

8601

PARK LN

KULPON MARY

183

8601

PARK LN

LYLE DESIREE L

184

8601

PARK LN

WOODS 521 SERIES

185

8601

PARK LN

MORNINGSTAR JASON R

186

8601

PARK LN

HALLIBURTON JOHN R &

187

8601

PARK LN

WOODS 611 SERIES

188

8601

PARK LN

GOODRICH KENNETH L

189

8601

PARK LN

HALL GARRY D

190

8601

PARK LN

VEGA DENNIS R & LILIAN C

191

8601

PARK LN

RODRIGUEZ JULIO

192

8601

PARK LN

SPIKES DAN E

193

8601

PARK LN

VEGA LILIAN C &

194

8601

PARK LN

VEGA DENNIS & LILIAN

195

8601

PARK LN

8611 PARK LANE 711 PROPERTY TRUST

196

8601

PARK LN

PALMER PATRICIA

197

8601

PARK LN

8601 PARK LANE 713 728 LLC

198

8601

PARK LN

ALVARADO CARLOS & FLOR

199

8601

PARK LN

WOODS 715 SERIES

200

8601

PARK LN

GROMKO MARY S

201

8601

PARK LN

WOODS 717 SERIES

202

8601

PARK LN

WALKER LYLE B

203

8601

PARK LN

WOODS 721 SERIES

204

8601

PARK LN

WOODS 722 SERIES OF TRAVIS ROAD

205

8601

PARK LN

LEE NIEN JEN

206

8601

PARK LN

GIBSON LARRY

207

8601

PARK LN

WOODS 725 SERIES

208

8601

PARK LN

WOODS 726 SERIES

209

8601

PARK LN

WOODS 727 SERIES

210

8601

PARK LN

C & K RESIDENTIAL PROPERTIES

211

8601

PARK LN

WOODS 731 SERIES

212

8601

PARK LN

WOODS 732 SERIES

Wednesday, December 18, 2013

Z123-238 (WE)

Vote

Label # Address

Owner

213

8601

PARK LN

LINCOLN TRUST CO

214

8601

PARK LN

WOODS 734 SERIES

215

8601

PARK LN

WOODS 735 SERIES

216

8601

PARK LN

WOODS 736 SERIES

217

8601

PARK LN

WOODS 737 SERIES

218

8601

PARK LN

WOODS 738 SERIES

Wednesday, December 18, 2013

AGENDA ITEM # 63 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

13 X

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a detached non-premise sign (billboard) use on property zoned a GO(A) General Office District on the southwest corner of LBJ Freeway and Bank Way Lane (formerly Nelda Lane) Recommendation of Staff: Approval for a ten-year period, subject to site plan and conditions Recommendation of CPC: Denial without prejudice Z123-361(CG) Note: This item was considered by the City Council at a public hearing on December 11, 2013, and was taken under advisement until January 22, 2014, with the public hearing open

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, JANUARY 22, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-361(CG)

DATE FILED: August 21, 2013

LOCATION:

Southwest corner, LBJ Freeway and Bank Way Lane (formerly Nelda Lane)

COUNCIL DISTRICT:

MAPSCO: 13-X

SIZE OF REQUEST:

+ 670 sq. ft.

CENSUS TRACT: 96.05

APPLICANT/ OWNER:

LBJ Metroplex LP Ralston Outdoor

REPRESENTATIVE:

MASTERPLAN

REQUEST:

An application for a Specific Use Permit for a detached nonpremise sign (billboard) use on property zoned a GO(A) General Office District.

SUMMARY:

The purpose of this request is to relocate an existing detached non-premise sign (billboard) from its current location at 11570 N. Stemmons Freeway to the southwest corner of LBJ Freeway and Bank Way Lane.

CPC RECOMMENDATION:

Denial without prejudice

STAFF RECOMMENDATION:

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

DESIGNATED ZONING CASE

Z123-361(CG) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval to relocate an existing detached non-premise sign (billboard) from its current location at 11570 N. Stemmons Freeway to the southwest corner of LBJ Freeway and Bank Way Lane based upon the following: 1. Compatibility with surrounding uses and community facilities – The proposed detached non-premise sign (billboard) would not be incompatible with the surrounding land uses that predominately consist of office, commercial and retail uses. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The billboard would be located in the parking lot area of existing office and institution uses with no residential adjacency, and proposed signage and does not exceed the maximum effective area of 672 square feet. 3. Not a detriment to the public health, safety, or general welfare – There is no indication that the relocation of the billboard to the subject site would be a detriment to the public health, safety, or general welfare in the parking lot area. 4. Conforms in all other respects to all applicable zoning regulations and standards – Based on information depicted on the proposed site plan and review by the Building Inspection Department, the proposed detached nonpremise sign complies with all applicable zoning regulations and standards for relocation of an HBA sign. BACKGROUND INFORMATION: •

Due to Texas Department of Transportation (TxDOT) road construction along the Stemmons Freeway corridor, the existing sign encroaches into the required right-ofway (ROW).

•

The applicant’s request is to relocate an existing detached non-premise sign (billboard) from its current location (11570 N. Stemmons Freeway) to the southwest corner of LBJ Freeway and Bank Way Lane.

•

The Development Code, Section 51A-7.307(i)(2), allows for the relocation of a Highway Beautification Act (HBA) sign or expressway sign in an LO(A), MO(A) or GO(A) district by Specific Use Permit.

•

Section 51A-7.307(b) states that “no detached non-premise sign may be relocated within 100 feet of an expressway unless it was originally located within 100 feet of an expressway or new expressway.” Section 51A-7.307(g) states that “no detached HBA sign may be relocated within 300 feet of a non-business or residential zoning district.” 2

Z123-361(CG) â&#x20AC;˘

City Council may grant a specific use permit to authorize a detached non-premise sign to have lesser spacing than that required in Section 51A-7.307(g).

â&#x20AC;˘

On November 7, 2013, the City Plan Commission denied the request without prejudice. The applicant filed an appeal within 10 days for consideration by the City Council.

Zoning History: There has not been any recent zoning activity in the area. Thoroughfares/Streets: Thoroughfare/Street LBJ Freeway Frontage Road

Type

Existing ROW

Proposed ROW

60 ft.

Variable Width, Limited Access Freeway

Bankway Lane Land Use: Zoning

Land Use

Site

GO(A)

North South East West

N/A (City of Farmers Branch) CR PDD No. 140 MU-2

Office and financial institution I-635 Freeway Retail and commercial Office Office and retail

Comprehensive Plan: The Comprehensive Plan does not make a specific land use recommendation related to the request; however, the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depicts general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The Vision Illustration depicts the request site as within a Commercial Center or Corridor. These areas primarily function as service and job destinations and are similar to Business Centers or Corridors, but are smaller and incorporate less density. These corridors, commonly at the intersection of major streets, are easily accessed via automobiles.

Z123-361(CG) The applicantâ&#x20AC;&#x2122;s request to relocate the detached non-premise sign from the Stemmons Freeway corridor to the LBJ Freeway corridor is not inconsistent with the following goal and policy of the Comprehensive Plan. LAND USE ELEMENT Goal 1.1:

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

STAFF ANALYSIS: Land Use Compatibility: The subject site is developed with office and financial institutional uses. The city of Farmers Branch is to the north and developed with commercial and retail uses. To the east and south are retail and commercial uses and land use to the west is comprised of office and retail uses. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. Parking:

No parking is required for this use.

Sign Setbacks: Minimum setbacks are measured from the edge of the nearest expressway or new expressway travel lane. No sign may occupy the space between two feet and 14 feet above grade within 15 feet of the right-of-way, except for supports. No sign may be nearer than five feet to the public right-of-way or to the right-of-way line extended across a railroad right-of-way. The existing sign meets the setback requirements.

Z123-361(CG) CPC Action: (November 7, 2013)

Motion I: It was moved to recommend approval of a Specific Use Permit for a detached non-premise sign (billboard) use for a 25-year period, subject to a site plan and conditions on property zoned a GO(A) General Office District on the southwest corner of LBJ Freeway and Bank Way Lane (formerly Nelda Lane). Maker: Hinojosa Second: Culbreath Result: Failed: 7 to 8 For:

Against: Absent: Vacancy:

7 - Soto, Rodgers, Culbreath, Hinojosa, Lavallaisaa, Bernbaum, Peadon 8 - Anglin, Shidid, Bagley, Tarpley, Shellene, Murphy, Ridley, Alcantar 0 0

Motion II: It was moved to recommend denial without prejudice of a Specific Use Permit for a detached non-premise sign (billboard) use on property zoned a GO(A) General Office District on the southwest corner of LBJ Freeway and Bank Way Lane (formerly Nelda Lane). Maker: Ridley Second: Shellene Result: Carried: 13 to 2 For:

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

Area: For:

13 - Anglin, Soto, Rodgers, Shidid, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar 0 2 - Culbreath, Hinojosa 0

200 0

Mailed: 2 Against: 1

For: Santos Martinez, 900 Jackson St., Dallas, TX, 75202 Against: John Cook, 3010 LBJ Frwy., Suite 1401, Dallas, TX, 75234 James Langford, 3001 Bookhout St., Dallas, TX, 75201

Z123-361(CG) APPLICANT PROPOSED SUP CONDITIONS 1. USE: The only use authorized by this specific use permit is a detached nonpremise sign (billboard). 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. Applicantâ&#x20AC;&#x2122;s recommendation: 3. TIME LIMIT: This specific use permit expires on _________ (twenty-five years from date of passage) and is eligible for automatic renewal for additional twentyfive year time periods. Staffâ&#x20AC;&#x2122;s recommendation: 3. TIME LIMIT: This specific use permit expires on _________ (ten years from date of passage). 4. MAINTENANCE: The entire Property must be properly maintained in a state of good repair and neat appearance. 5. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas

Z123-361(CG) PROPOSED SITE PLAN

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Z123-361(CG) CPC RESPONSES

Z123-361(CG) Page 1 of 1 11/7/2013

Notification List of Property Owners Z123-361 2 Property Owners Notified Owners in Favor

Vote X

1 Property Owner Opposed

Label # Address

0 Property

Owner

2974

LBJ FWY

LBJ METROPLEX LP

3010

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ONE GRAYSTONE CENTRE LP

AGENDA ITEM # 64 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Trinity Watershed Management

CMO:

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

MAPSCO:

54 Q ________________________________________________________________

SUBJECT A public hearing to receive comments regarding the application for and approval of the fill permit and removal of the floodplain (FP) prefix from approximately 0.10 acres of the current 0.57 acres of land, located at the southeast corner of Zang Boulevard and Louisiana Avenue within the floodplain of South Branch of Cedar Creek, Fill Permit 13-04 - Financing: No cost consideration to the City BACKGROUND This request is to fill approximately 0.10 acres of the current 0.57 acres of floodplain, from a total of 3.95 acres, to be used for multi-family residential. The proposed fill is located at the southeast corner of Zang Boulevard and Louisiana Avenue within the floodplain of South Branch of Cedar Creek. A neighborhood meeting was held at the Kidd Springs Recreation Center, on January 7, 2014. There were no citizens present. Attendees included two of the developer's engineers, two of the developer's representatives and four city staff members; there were no objections to the fill permit. The fill permit application meets all engineering requirements for filling in the floodplain as specified in Part II of the Dallas Development Code, Section 51A-5.105(h). The applicant has not requested a waiver of any criteria. Accordingly, the City Council should approve this application; or, it may pass a resolution to authorize acquisition of the property under the laws of eminent domain and may then deny the application in order to preserve the status quo until acquisition. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action.

FISCAL INFORMATION No cost consideration to the City. OWNER/APPLICANT WCH Limited Partnership 729 N. Bishop Ave Dallas, Texas 75208 ENGINEER David Greer, P.E., Bannister Engineering LLC. 1696 Country Club Drive Mansfield, Texas 76063 MAP Attached.

Agenda Date 01/22/2014 - page 2

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AGENDA ITEM # 65 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Public Works Department

CMO:

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

MAPSCO:

44T X ________________________________________________________________

SUBJECT A public hearing to receive comments to amend the City of Dallas Thoroughfare Plan to change the dimensional classification of Sylvan Avenue from IH-30 to Colorado Boulevard from a six-lane divided roadway M-6-D(A*) within 100 feet of right-of-way to a special four-lane divided roadway (SPCL 4-D) with bicycle lanes within 80 feet of right-of-way; and at the close of the hearing, authorize an ordinance implementing the change - Financing: No cost consideration to the City BACKGROUND Staff is requesting amendments to the City of Dallas Thoroughfare Plan to change the dimensional classification of Sylvan Avenue from IH-30 to Colorado Boulevard from a six-lane divided roadway M-6-D(A*) within 100 feet of right-of-way to a special four-lane divided roadway (SPCL 4-D) with bicycle lanes within 80 feet of right-of-way. Staff has worked with stakeholders in the community to establish a street design that addresses the needs of the community. The design proposal creates a balanced multi-modal street incorporating enhanced pedestrian sidewalks and includes bicycle lanes while maintaining adequate capacity for vehicles and public transit users. The existing right-of-way on Sylvan Avenue is 64 feet however the Thoroughfare Plan designation currently requires 100 feet of right-of-way. The proposal would reduce the right-of-way requirement by 20 feet thereby reducing the amount of right-of-way needed from adjacent property owners. This segment of roadway is primarily residential and a reduction in the number of travel lanes will aid in calming traffic. The recommendation will allow for implementation of a near-term cross-section while reserving right-of-way for sidewalks to be added in the future. The proposal incorporates the vision of the community for a slower speed bicycle friendly roadway. Staff recommends approval of the amendments to the Thoroughfare Plan to change the dimensional classifications of Sylvan Avenue from IH-30 to Colorado Boulevard from a six-lane divided roadway M-6-D(A*) within 100 feet of right-of-way to a special four-lane divided roadway (SPCL 4-D) with bicycle lanes within 80 feet of right-of-way.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 19, 2013, the City Plan Commission Transportation Committee recommended approval. On January 9, 2014, the City Plan Commission recommended approval. MAPS Attached

Agenda Date 01/22/2014 - page 2

Sylvan Avenue Council District: 1

MAPSCO: 44T, X

SYLVAN AVENUE FROM 1-30 TO COLORADO BLVD.

City of Dalas

Thoroughfare Plan Amendment Thoroughfare Map

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AGENDA ITEM # 66 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Public Works Department

CMO:

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

MAPSCO:

45 E J ________________________________________________________________

SUBJECT A public hearing to receive comments to amend the City of Dallas Thoroughfare Plan to change the dimensional classifications of (1) Victory Avenue from Continental Avenue to Lamar Street from a one-way special three-lane couplet (SPCL 3 CPLT) within 56 feet of right-of-way to a special two-way three-lane undivided roadway (SPCL 3U) within 67 feet of right-of-way and 36 feet of pavement; (2) Victory Avenue from Lamar Street to North Houston Street from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 80 feet of right-of-way to a special two-way four-lane undivided roadway (SPCL 4U) within 67 to 80 feet of right-of-way; (3) North Houston Street from Continental Avenue to All Star Way from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 67 feet of right-of-way to a two-way special three-lane undivided roadway (SPCL 3U) within 67 feet of right-of-way with bicycle lanes; and (4) North Houston Street from All Star Way to Hi Line Drive from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 67 feet of right-of-way to a two-way special four-lane undivided roadway (SPCL 4U) within 64 to 67 feet of right-of-way and 44 to 47 feet of pavement; and at the close of the hearing, authorize an ordinance implementing the change - Financing: No cost consideration to the City BACKGROUND The Economic Development Department has requested amendments to the City of Dallas Thoroughfare Plan to change the operational characteristics of Victory Avenue and North Houston Streets between Continental Avenue and Victory Avenue West. The proposal to convert one-way couplets to two-way roadways is an effort to change the character and experience of the roadway while supporting the revitalization of the area. The objective of these amendments is to facilitate efficient circulation, improve visibility and access to the adjacent businesses, provide bicycle facilities and create a pedestrian friendly streetscape that creates a safer experience.

BACKGROUND (continued) Staff has worked with adjacent stakeholders to establish a sustainable street design approach that meets the needs of proposed developments, existing property owners and accommodates all transportation modes. The design proposal creates a balanced multi-modal street while increasing circulation options and slowing traffic speeds. Staff recommends approval of the amendments to the Thoroughfare Plan to change the dimensional classifications of (1) Victory Avenue from Continental Avenue to Lamar Street from a one-way special three-lane couplet (SPCL 3 CPLT) within 56 feet of right-of-way to a special two-way three-lane undivided roadway (SPCL 3U) within 67 feet of right-of-way and 36 feet of pavement; (2) Victory Avenue from Lamar Street to North Houston Street from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 80 feet of right-of-way to a special two-way four-lane undivided roadway (SPCL 4U) within 67 to 80 feet of right-of-way; (3) North Houston Street from Continental Avenue to All Star Way from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 67 feet of right-of-way to a two-way special three-lane undivided roadway (SPCL 3U) within 67 feet of right-of-way with bicycle lanes; (4) North Houston Street from All Star Way to Hi Line Drive from a one-way special four-lane couplet (SPCL 4 CPLT) within 64 to 67 feet of right-of-way to a two-way special four-lane undivided roadway (SPCL 4U) within 64 to 67 feet of right-of-way and 44 to 47 feet of pavement. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 19, 2013, the City Plan Commission Transportation Committee recommended approval. On January 9, 2014, the City Plan Commission recommended approval. MAPS Attached

Agenda Date 01/22/2014 - page 2

N. Houston Street & Victory Avenue Council District: 2

MAPSCO: 45E, J

N. HOUSTON STREET From Hi Line Drive To Continental Avenue

VICTORY AVENUE From Hi Line Drive To Continental Ave.

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Thoroughfare Plan Amendment Thoroughfare Map

LOCATOR MAP NOTTO SCALE

City of Dalas

AGENDA ITEM # 67 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

January 22, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

43 M ________________________________________________________________

SUBJECT A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from L.G. Pinkston High School, a public school, required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer’s off-premise permit for a proposed general merchandise or food store greater than 10,000 square feet [Minyard Food Store] on property on the northwest corner of North Hampton Road and Singleton Boulevard - AV123-011 - Financing: No cost consideration to the City BACKGROUND Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Council to grant a variance from the usual spacing required between an alcohol business and a protected use. The usual spacing requirement is 300 feet along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. The standard for approval of the variance is that: A. the application is for (i) a wine and beer retailer’s permit pursuant to Chapter 25 of the Texas Alcoholic Beverage Code; (ii) a wine and beer retailer’s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code; or (iii) a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate; B. the application is for (i) a general merchandise or food store use with 10,000 square feet or more of floor area or (ii) a restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code; C. alcoholic beverages will not be sold by drive-in or drive-through service; and

BACKGROUND (Continued) D. enforcement of the spacing requirements in this particular instance: (i) is not in the best interest of the public; (ii) constitutes waste or inefficient use of land or other resources; (iii) creates an undue hardship on an applicant for an alcohol permit; (iv) does not serve its intended purpose; (v) is effective or necessary; or (vi) for any other reason that the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. An application for a waiver of the spacing requirements was submitted on August 20, 2013, by Minyards Food Store. L.G. Pinkston High School is located to the north and is the school that creates the need for the variance. The applicant has submitted the following information regarding a statement of why the variance meets the standard of approval: (1) “The property is zoned for Community Retail uses and is located at the intersection of two major thoroughfares. The property is over 13 acres and has been developed with over 100,000 square feet of retail, restaurant, and other commercial uses. The Minyards Food Store seeking the variance request is the largest full service grocery store (36,680 square feet) located between the Trinity River, Walton Walker Boulevard, and Interstate 30. According to current records from the Census Bureau, there are over 24,000 residents that live in this area. The protected use sits on a 16 acre lot that includes a football practice field, track, and baseball fields. The protected use and the shopping center share a common property line. This creates an undue hardship on the applicant’s ability to provide services for area residents as they are allowed to at their other locations.” The site is approximately 13 acres, developed with a multi-tenant shopping center and is zoned a CR Community Retail District. The site is located at the intersection of two major thoroughfares (Hampton Road and Singleton Boulevard). Due to the location on two major thoroughfares, staff can support this request. This item requires two seconds to pass. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 9, 2009, the City Council approved an amendment to Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code to allow a process for a variance to the spacing requirements between a business selling alcohol and a public or private school.

Agenda Date 01/22/2014 - page 2

PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On October 26, 2011, and September 26, 2012, the City Council further amended Section 6-4 of Chapter 6. On October 23, 2013, this item was held under advisement by Council. On November 12, 2013, this item was held under advisement by Council. FISCAL INFORMATION No cost consideration to the City. MAP Attached.

Agenda Date 01/22/2014 - page 3

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August 20, 2013 Mr. David Cossum Interim Director Department of Sustainable Development and Construction City of Dallas 1500 Marilla, Room 5DS Dallas, Texas 75201 RE:

Variance for general merchandise store greater than 10,000 square feet selling beer and wine for off-premise consumption located at 2223 Singleton.

Dear Mr. Cossum: As the authorized representative for Minyard Food Store, we submit this letter as an official application for a variance to the distance restrictions for alcohol sales pursuant to Chapter 6-4(g) of the Dallas City Code. (A) The name of the owner of the property where the alcohol business is located is Lakewest Revitalization Foundation, Inc. (B) The applicant for the alcohol permit at this location is Minyard Food Store, 1430 Valwood Pkwy, Suite 125, Carrollton, TX 75006.

(C) The alcohol permit sought for this location is for a wine and beer retailers off-premise permit pursuant to the Texas Alcohol Beverage Code Chapter 26. (D) The protected use that creates the need for a variance is LG. Pinkston High School, 2200 Dennison Street, Dallas, Texas 75212. (E) A certified survey that identifies the distance from the main entrance of the Minyard Food Store to the front door of LG. Pinkston High School exceeds 1770 feet. (F) The property is zoned for Community Retail uses and is located at the intersection of two major thoroughfares. The property is over 13 acres and has been developed with over 100,000 square feet of retail, restaurant, and other commercial uses. The Minyards Food Store seeking the variance request is the largest full service grocery store (36,680 square feet) located between the Trinity River, Walton Walker Boulevard, and Interstate 30. According to current records from the Census Bureau, there are over 24,000 residents that live in this area. The protected use sits on a 16 acre lot that includes a football practice field, track, and baseball fields. The protected use and the shopping center share a common property line. This creates an undue hardship on the applicant's ability to provide services for area residents as they are allowed to at their other locations.

We have included a TABC field survey, existing site plan for this general merchandise use greater than 10,000 square feet, and the filing fee for this request.

Please feel free to contact our offices if you need any additional information regarding this application.

San~M~11짜

Authorized representative for Minyard Food Store

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THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY KYLE F. WHITIS, P.E. 101330 ON 08/08/2013. ALTERATION OF A SEALED DOCUMENT WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER TIHE TEXAS ENGINEERING PRACTICE ACT.

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NOTES: 1. I have conducted (or caused to be conducted) a physical inspection of the area and a diligent search of public records to determine if the place of business is located near any protected uses. The survey map shows that the place of business where alcoholic beverages will be sold meets the location requirements in Dallas City Code Section 6-4. 2. Distances shown are based on City of Dallas GIS aerial information and are not the result of an on the ground survey. 3. Results from online resources and field observations, as shown, do not indicate that a protected use is located within the required minimum distances as determined by the City of Dallas measurement methods upon date of signature.

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COUNCIL CHAMBER

January 22, 2014 WHEREAS, Subsection 6-4(g) of the Dallas City Code authorizes the City Council to grant variances from the alcohol spacing requirements prescribed by Subsection 6-4(a) of the Dallas City Code; and WHEREAS, Minyards Food Store has submitted an application for a wine and beer retailerâ&#x20AC;&#x2122;s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code, and is requesting a variance to the alcohol spacing requirements for property on the northwest corner of North Hampton Road and Singleton Boulevard, south from L.G. Pinkston High School, a public school; and WHEREAS, the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, finds that enforcement of the alcohol spacing requirements in this particular instance: (1)

is not in the best interest of the public;

(2)

constitutes waste or inefficient use of land or other resources;

(3)

creates an undue hardship on an applicant for an alcohol permit;

(4)

does not serve its intended purpose; and

(5)

is not effective or necessary; and

WHEREAS, the City Council desires to grant the alcohol spacing variance; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the variance to the alcohol spacing requirements for Minyards Food Store, located on property on the northwest corner of North Hampton Road and Singleton Boulevard (AKA 2223 Singleton Boulevard), south from L.G. Pinkston High School, a public school, is granted, subject to the following conditions: (1)

This alcohol spacing variance is valid only for a wine and beer retailerâ&#x20AC;&#x2122;s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code.

(2)

This alcohol spacing variance is valid only for a general merchandise or food store with 10,000 square feet or more of floor area.

(3)

Alcoholic beverages may not be sold by drive-in or drive-through service.

COUNCIL CHAMBER

January 22, 2014 (4)

This alcohol spacing variance is valid for subsequent renewals of the alcohol permit.is alcohol spacing variance is valid for subsequent renewals of the alcohol permit.

(5)

This alcohol spacing variance may not be transferred to another location or to another alcohol permit holder.

Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.