Dallas City Council Agenda: February 26, 2014 Part III by buildingcommunityWORKSHOP

AGENDA ITEMS # 55,56 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

N/A ________________________________________________________________

SUBJECT 2014 Water Conservation Plan/Drought Contingency Plan *

Authorize adoption of the 2014 Water Conservation Plan for the City of Dallas Financing: No cost consideration to the City

Authorize adoption of the 2014 Drought Contingency Plan for the City of Dallas Financing: No cost consideration to the City

BACKGROUND This item will adopt the 2014 Water Conservation Plan for the City of Dallas which is required by the Texas Commission on Environmental Quality (TCEQ) to be updated every five years. The updated proposed plan meets the mandated requirements including specific and quantified five and ten year targets for water savings. The plan requires Council adoption prior to final submission to the TCEQ. The updated Plan includes the addition of maximum twice weekly watering in the Conservation Plan. The Water Conservation Plan is used to set forth a program of long-term measures under which the City of Dallas can improve the overall efficiency of water use and conserve its water resources. Additionally, this item will adopt the 2014 Drought Contingency Plan for the City of Dallas which is required by the Texas Commission on Environmental Quality (TCEQ) to be updated every five years. The updated proposed plan meets requirements such as quantified targets for the drought contingency plan. The plan requires Council adoption prior to final submission to the TCEQ.

BACKGROUND (Continued) The 2014 Drought Contingency Plan updates the Drought Contingency Plan which was submitted in 2010. It is used to manage Dallas' water resources during emergency conditions such as drought, delivery capacity limitations and natural and man-made contamination of water supply sources. PRIOR ACTION / REVIEW (COUNCIL BOARDS, COMMISSIONS) Authorized the adoption of the state-mandated 2010 Water Conservation Plan on June 9, 2010, by Resolution No. 10-1509. Briefed the Quality of Life & Environment Committee on February 10, 2014, with details of the state mandated 2014 Water Conservation Plan update. Authorized the adoption of the state-mandated 2010 Drought Contingency Plan on June 9, 2010, by Resolution No. 10-1508. Briefed the Quality of Life & Environment Committee on February 10, 2014, with details of the state mandated 2014 Drought Contingency Plan update. This item is scheduled to be briefed to Council on February 19, 2014. FISCAL INFORMATION No cost consideration to the City.

Agenda Date 02/26/2014 -page 2

COUNCIL CHAMBER

February 26, 2014 WHEREAS, the Texas Commission on Environmental Quality (TCEQ) requires municipal and wholesale water suppliers to submit an updated Water Conservation Plan approved by the City Council every five years; and, WHEREAS, Section 49.20 of the Dallas City Code requires the Director of Dallas Water Utilities to promulgate and submit a Water Management Plan and Water Conservation Plan to the City Council for approval; and, WHEREAS, the updates for the Water Conservation Plan have been completed and meet all of the requirements of the TCEQ; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1.

That the 2014 Water Conservation Plan is hereby approved and adopted.

Section 2. That the City Manager is authorized to submit the Plan to the TCEQ as required by state law. Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

COUNCIL CHAMBER

February 26, 2014 WHEREAS, the Texas Commission on Environmental Quality (TCEQ) requires municipal and wholesale water suppliers to submit an updated Drought Contingency Plan approved by the City Council every five years; and, WHEREAS, Section 49.20 of the Dallas City Code requires the Director of Dallas Water Utilities to promulgate and submit an Emergency Water Management Plan to the City Council for approval; and, WHEREAS, the updates for the Drought Contingency Plan have been completed and meet all of the requirements of the TCEQ; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the 2014 Drought Contingency Plan is hereby approved and adopted. Section 2. That the City Manager is authorized to submit the Plan to the TCEQ as required by state law. Section 3. That the City Manager is authorized to undertake necessary actions to implement the adopted plans. Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

City of Dallas Water Conservation Plan

City of Dallas Water Utilities Conservation Division 1500 Marilla, Room 5AS Dallas, Texas 75201

Table of Contents 1.0 1.1 1.2 1.3

2.0 2.1 2.2 2.3

3.0 3.1 3.2 3.3

4.0

INTRODUCTION ....................................................................................................... 4 STATE OF TEXAS REQUIREMENTS ................................................................................................ 4 THE WATER CONSERVATION PLANNING PROCESS ...................................................................... 7 ORGANIZATION OF THE WATER CONSERVATION PLAN ............................................................... 7

WATER CONSERVATION PLANNING GOALS ................................................. 8 BENEFITS OF WATER CONSERVATION ......................................................................................... 8 DWU’S WATER CONSERVATION PLANNING GOALS ................................................................... 9 QUANTIFIED FIVE- AND TEN-YEAR GOALS FOR WATER SAVINGS .............................................. 9

POPULATION FORECASTS AND PER CAPITA WATER USE ...................... 10 DWU’S CUSTOMER AND POPULATION FORECAST ......................................................................10 LONG-RANGE WATER PLANNING EFFORTS ................................................................................10 IMPACT OF WHOLESALE WATER CUSTOMERS ON WATER DEMAND ..........................................12

DESCRIPTION OF THE DWU WATER SYSTEM ............................................. 12

4.1 WATER SUPPLY SOURCES...........................................................................................................12 4.1.1 Western System .....................................................................................................................12 4.1.2 Eastern System .....................................................................................................................13 4.1.3 Others ...................................................................................................................................13 4.2 WATER TREATMENT PLANTS .....................................................................................................13 4.3 TREATED WATER STORAGE AND DISTRIBUTION SYSTEMS .........................................................15

5.0

DWU'S WATER CONSERVATION PROGRAM ................................................ 16

5.1 5.2 5.3 5.4 5.5 5.5.1 5.5.2 5.5.3 5.5.4 5.5.5 5.5.6 5.5.7 5.6 5.6.1 5.6.2 5.6.3 5.7 5.7.1 5.7.2 5.7.3

ACCURATE SUPPLY SOURCE METERING .....................................................................................16 UNIVERSAL METERING, METER TESTING AND REPAIR, AND PERIODIC METER REPLACEMENT .16 LEAK DETECTION, REPAIR, AND CONTROL OF UNACCOUNTED-FOR WATER ..............................17 MONITORING AND RECORD MANAGEMENT OF WATER DELIVERIES, SALES AND LOSSES ..........17 CONTINUING PUBLIC EDUCATION PROGRAM .............................................................................17 Public Awareness Campaign ................................................................................................18 Environmental Education Initiative K-12 .............................................................................18 Water Conservation Mascot .................................................................................................18 Free Irrigation System Inspections.......................................................................................19 Water Wise Landscape Events ..............................................................................................19 Other Public Education ........................................................................................................19 New Public Education Measures Implemented Since 2010 Plan Update ............................19 CITY LEADERSHIP AND COMMITMENT MEASURES .....................................................................21 Water Conservation Division Staff .......................................................................................21 Retrofit of City Owned Facilities ..........................................................................................21 Planned City Leadership and Commitment Measures .........................................................21 REBATE AND INCENTIVE PROGRAMS ..........................................................................................22 Toilet Voucher Program .......................................................................................................22 Minor Plumbing Repair Program ........................................................................................22 New Rebate and Incentive Measures Implemented Since 2010 Five-year Strategic Plan Update........................................................................22 5.7.4Planned Rebate and Incentive Measures .....................................................................................22 5.8 NON-PROMOTIONAL WATER RATE STRUCTURE .........................................................................23

City of Dallas Water Conservation Plan

5.9 WATER CONSERVATION PROVISIONS IN WHOLESALE WATER SUPPLY CONTRACTS ..................23 5.10 RESERVOIR SYSTEMS OPERATIONS PLAN ...................................................................................24 5.11 MEANS TO IMPLEMENT AND ENFORCE THE WATER CONSERVATION PLAN ................................24 5.12 COORDINATION WITH REGIONAL WATER PLANNING GROUPS ...................................................24 5.13 DESEGREGATION OF WATER SALES BY CUSTOMER CLASS ........................................................24 5.14 PLUMBING CODE ORDINANCES ..................................................................................................25 5.15 WATER WASTE PROHIBITION .....................................................................................................26 5.16 WASTEWATER REUSE AND RECYCLING ......................................................................................26 5.16.1 Direct Reuse Projects ...........................................................................................................26 5.16.2 Indirect Reuse Projects.........................................................................................................27 5.16.3 Return Flow Permits.............................................................................................................27 5.17 METHOD TO MONITOR THE EFFECTIVENESS OF THE PLAN .........................................................27 APPENDIX A

UTILITY PROFILES FOR MUNICIPAL AND WHOLESALE SUPPLIERS WATER SUPPLY SYSTEM DATA STANDARD RATE SCHEDULE

APPENDIX B

IMPLEMENTATION SCHEDULE

City of Dallas Water Conservation Plan

Water Conservation Plan for the City of Dallas Water Utilities 1.0

Introduction

Dallas Water Utilities (DWU) is a major retail and wholesale provider of water in North Texas that currently serves over 2.4 million people within a 700 square mile service area. This includes all of the City of Dallas, 23 major wholesale treated water customers, and 4 wholesale raw water customers located in the metropolitan area surrounding Dallas. Dallas has actively procured water supplies, constructed reservoirs, and developed water treatment facilities which make it possible for DWU to provide water to its customers. In Fiscal Year (FY) 2012-2013, DWU delivered over 143 billion gallons of treated water. As the regional population grows, so grows water demand. To meet demand, DWU must plan for increasing the available water supply and expanding its transmission, treatment, and distribution facilities. DWU considers water conservation an integral part of this planning process. The City of Dallas has had a water conservation program since the early 1980s. In 2001, Dallas increased its conservation efforts with the amendment of CHAPTER 49, “WATER AND WASTEWATER,” of the Dallas City Code to include, CONSERVATION MEASURES RELATING TO LAWN AND LANDSCAPE IRRIGATION. In 2010, DWU updated its Water Conservation Five-Year Strategic Plan (Strategic Plan) that included phased implementation of best management practices (BMPs) under the following major elements:1 City Leadership and Commitment Education and Outreach Initiatives Rebate and Incentive Programs The Water Conservation Plan contained herein incorporates data obtained in the 2010 update of the Five-Year Strategic Plan.

1.1

State of Texas Requirements

The Texas Administrative Code Title 30, Chapter 288 (30 TAC § 288) requires holders of an existing permit, certified filing, or certificate of adjudication for the appropriation of surface water in the amount of 1,000 acre-feet a year or more for municipal, industrial, and other nonirrigation uses to develop, submit, and implement a water conservation plan and to update it according to a specified schedule. As such, DWU is subject to this requirement. Because DWU provides water as a municipal public and wholesale water supplier, DWU’s Water Conservation

Alan Plummer Associates, Inc. in association with Amy Vickers & Associates, Inc., CP&Y, Inc., Miya Water and BDS Technologies, Inc., Water Conservation Five-Year Strategic Plan Update, prepared for City of Dallas, June 2010.

City of Dallas Water Conservation Plan

Plan must include information necessary to comply with Texas Commission on Environmental Quality (TCEQ) requirements for each of these designations.2 The requirements of Subchapter A that must be included in the City of Dallas Water Conservation Plan are summarized below. Minimum Requirements for Municipal Public and Wholesale Water Suppliers Utility Profile: Includes information regarding population and customer data, water use data (including total gallons per capita per day (GPCD) and residential GPCD), water supply system data, and wastewater system data. (Sections 3 and 4; Appendix A) Description of the Wholesaler’s Service Area: Includes population and customer data, water use data, water supply system data, and wastewater data. (Figure 3-1) Goals: Specific quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal and residential use, in GPCD. The goals established by a public water supplier are not enforceable under this subparagraph. (Sections 2.2 and 2.3) Accurate Metering Devices: The TCEQ requires metering devices with an accuracy of plus or minus 5 percent for measuring water diverted from source supply. (Section 5.1) Universal Metering, Testing, Repair, and Replacement: The TCEQ requires that there be a program for universal metering of both customer and public uses of water for meter testing and repair, and for periodic meter replacement. (Section 5.2) Leak Detection, Repair, and Control of Unaccounted for Water: The regulations require measures to determine and control unaccounted-for water. Measures may include periodic visual inspections along distribution lines and periodic audits of the water system for illegal connections or abandoned services. (Sections 5.3 and 5.4) Continuing Public Education Program: TCEQ requires a continuing public education and information program regarding water conservation. (Section 5.5) Non-Promotional Rate Structure: Chapter 288 requires a water rate structure that is costbased and which does not encourage the excessive use of water. (Section 5.8 and Appendix A) Reservoir Systems Operational Plan: This requirement is to provide a coordinated operational structure for operation of reservoirs owned by the water supply entity within a common watershed or river basin in order to optimize available water supplies. (Section 5.10) Wholesale Customer Requirements: The water conservation plan must include a requirement in every water supply contract entered into or renewed after official adoption of the Water Conservation Plan, and including any contract extension, that each

DWU also holds water rights to provide water for industrial use. However, since DWU uses these rights to provide water to TXU Electric as a wholesale supplier, a water conservation plan for industrial or mining use is not required.

City of Dallas Water Conservation Plan

successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements of Title 30 TAC Chapter 288. (Section 5.9) A Means of Implementation and Enforcement: The regulations require a means to implement and enforce the Water Conservation Plan, as evidenced by an ordinance, resolution, or tariff, and a description of the authority by which the conservation plan is enforced. (Sections 5.0 through 5.17) Coordination with Regional Water Planning Groups: The water conservation plan should document the coordination with the Regional Water Planning Group for the service area of the public water supplier to demonstrate consistency with the appropriate approved regional water plan. (Section 5.12) Additional Requirements for Cities of More than 5,000 People Program for Leak Detection, Repair, and Water Loss Accounting: The plan must include a description of the program of leak detection, repair, and water loss accounting for the water transmission, storage, delivery, and distribution system. (Sections 5.3 and 5.4) Record Management System: The plan must include a record management system to record water pumped, water deliveries, water sales and water losses which allows for the desegregation of water sales and uses into the following user classes (residential; commercial; public and institutional and industrial). (Sections 5.4 and 5.14) Requirements for Wholesale Customers: The plan must include a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in 30 TAC ยง 288. If the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with the provisions of 30 TAC ยง 288. (Section 5.9) Additional Conservation Strategies: TCEQ Rules also list additional optional but not required conservation strategies which may be adopted by suppliers. The following optional strategies are included in this plan: o

Conservation-Oriented Water Rates. (Section 5.8 and Appendix A) and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates;

Ordinances, Plumbing Codes and/or Rules on Water Conservation Fixtures. (Section 5.14) Fixture Replacement Incentive Programs. (Sections 5.7.1 through 5.7.3) Reuse and/or Recycling of Wastewater and/or Gray Water. (Sections 5.16 through 5.16.3) Ordinance and/or Programs for Landscape Water Management (Sections 5.5.4 and 5.14).

o o o

City of Dallas Water Conservation Plan

Method for Monitoring the Effectiveness of the Plan.

This Water Conservation Plan sets forth a program of long-term measures under which the City of Dallas can improve the overall efficiency of water use and conserve its water resources. Shortterm measures which respond to specific water management conditions (i.e., periods of drought, unusually high water demands, unforeseen equipment or system failure, or contamination of a water supply source) are described in the City of Dallas Drought Contingency Plan.

1.2

The Water Conservation Planning Process

Water conservation has increasingly been an important element of Dallas’s long range water supply strategy. Since adoption of the water conservation ordinance relating to lawn and landscape irrigation in October of 2001, Dallas has dramatically increased its efforts to promote water conservation. In 2002, Dallas launched a two-year multi-media campaign to increase public awareness of the city’s new ordinance prohibiting lawn and landscape water waste. The ongoing public awareness campaign has been broadened to further educate water customers about the importance of conservation. Since the 2010 Strategic Plan Update, DWU has implemented additional educational and outreach programs; water audit programs; and rebate and incentive programs. This continues to be an ongoing, dynamic process whereby programs are measured and evaluated systematically for effectiveness and efficiency. The Water Conservation Plan is heavily based on the data and information gathered in the 2010 Strategic Plan Update. This involved a multi-faceted approach that included review of numerous water conservation programs, initiatives, data and literature, as well as input from industry personnel and community stakeholders. The process for development of the Updated Strategic Plan can be outlined as follows: Analyzed Dallas Water Utilities data Reviewed water conservation programs in other large cities Reviewed Texas Regulations pertaining to Water Conservation Reviewed City of Dallas water system and associated master plans Developed candidate water conservation strategies Evaluated water conservation strategies Sought input from wholesale customer cities and stakeholder groups Developed Water Conservation Plan

1.3

Organization of the Water Conservation Plan

The following information and procedures are provided in this plan: Section 2.0, Water Conservation Planning Goals, describes the benefits of water conservation, DWU's water conservation planning goals, and the specific, water demand reduction goals established by DWU for this Water Conservation Plan, including quantified five- and ten-year water loss and GPCD reduction goals.

City of Dallas Water Conservation Plan

Section 3.0, Population and Per Capita Water Demand Forecasts, identifies DWU's wholesale customers, provides populations and per capita water demand projections, and discusses the impact wholesale customers will have on future water demand. Section 4.0, Description of the DWU Water System, describes DWU's water supply sources, water treatment plants, treated water storage and distribution systems, and wastewater treatment plants. Section 5.0, DWU's Water Conservation Program, describes DWU's existing water conservation program and enhancements as well as new conservation measures that are likely to be implemented. Appendix A provides the completed TCEQ Utility Profiles for Municipal Public Water Suppliers and Wholesale Public Water Suppliers, an implementation schedule, and a Standard Rates.

2.0

Water Conservation Planning Goals

The objective of this Water Conservation Plan is to achieve efficient use of water through practices and measures that reduce water consumption and water losses and increase water reuse. Meeting this objective will allow the use of available water supplies and existing infrastructure to be extended into the future.

2.1

Benefits of Water Conservation

A well-designed Water Conservation Plan will not deprive the community of essential water uses; rather, it will provide a blueprint for efficient water use. The benefits of water conservation not only include those derived from avoided costs, but also others that may not be as easily enumerated in terms of dollars yet hold significant importance to the City in terms of value. Benefits of water conservation include: Delays the need to develop expensive future water supplies. Costs associated with developing new water supplies (or purchasing new water) are numerous. These can include capital costs for construction of reservoirs, pumping facilities, pipelines, treatment plants, water storage, and related facilities; costs of obtaining water rights and permits; and operational costs such as labor, energy, and chemicals. Extends the life of existing water supplies and infrastructure. Pressures within the water system will increase in localized areas in order to meet increasing customer demands. Increased pressures within an aging infrastructure will mean more leaks from the system. When water demands are maintained or reduced through conservation, higher system pressure is avoided. Reduces peak requirements. A water system is sized to meet its customers’ peak demands. When these peak demands are reduced through water conservation, a portion of the system’s capacity is freed-up for other water customers. This, in effect, increases the base capacity of the system. Lowers capital and operating costs of the existing system. The need for expanding the water treatment and distribution system is delayed or avoided. Operational costs, such as power and chemicals, are also reduced.

City of Dallas Water Conservation Plan

Other benefits include the generation of positive environmental effects, improving customer good will and promoting a positive image for Dallas.

2.2

DWU’s Water Conservation Planning Goals

Listed below are many of the planning goals considered important to DWU during the water conservation planning process: Reduce seasonal peak demands Reduce water loss and waste Decrease consumption measured as gallons per capita per day (GPCD) Maintain quality of life Allow continued economic growth and development Maintain a heightened public awareness of water conservation in Dallas and the surrounding region Include broad-based public and private stakeholder groups in new program development and implementation processes “Lead by example” by upgrading city facilities with water efficient fixtures, landscapes, and irrigation systems wherever possible Facilitate regional conservation efforts among DWU wholesale customer cities and neighboring municipalities Establish the foundation for continuation of water savings targets for the following fiveyear period Remain consistent with the Region C Water Plan Incorporate, to the extent practicable, measures identified in the Texas Water Development Board’s (TWDB’s) best management practices (BMP) Guide.

2.3

Quantified Five- and Ten-Year Goals for Water Savings

Specific elements of the Water Conservation Plan, including planned initiatives, are described in Section 5.0. The development of the planned initiatives involved the identification and examination of numerous conservation strategies. These strategies were derived from several sources, including state agency directives, regional water planning groups, water conservation literature, stakeholder feedback, water conservation programs used by other municipalities, and the City’s existing Strategic Plan. Targeted water savings are based on the planned BMPs, historical water use patterns, literature values, and experience with other utilities. Savings include the combined efforts of all program elements and the components thereof.

City of Dallas Water Conservation Plan

Table 2-1: City of Dallas Five- and Ten-Year Goals for Water Savings

Total GPCD Residential GPCD Water Loss GPCD Water Loss (Percentage)

Historic 5-yr Average 204 101 29 10%

Baseline 204 101 29 10%

5-yr Goal for Year 2019 196 97 28 10%

10-yr Goal for Year 2024 195 96 27 10%

The “Total” GPCD five- and ten-year targets (Table 2-1) include water use by DWU industrial customers. However, Dallas also uses other metrics to track the effectiveness of its water conservation efforts, including: Non-industrial per capita water use. Exclusive of water use by industrial customers, the five-year rolling average per capita water use in fiscal year 2012-13 was 188 GPCD. Residential per capita water use. Including single-family and multi-family residential uses, the five-year rolling average per capita water use in fiscal year 2012-13 was 101 GPCD.

3.0

Population Forecasts and Per Capita Water Use

3.1

DWU’s Customer and Population Forecast

DWU supplies retail treated municipal water to the City of Dallas. The 2013 estimated population of the City of Dallas was 1,213,600, according to the North Central Texas Council of Governments (NCTCOG). DWU supplies wholesale treated municipal water to 23 customer cities or entities, and serves four wholesale raw water customers (one customer receives both treated and raw water). These wholesale customers are primarily located in Dallas, Denton, and Tarrant counties; however, portions extend into Collin, Ellis, and Kaufman counties. A map of the DWU service area, along with a list of wholesale customers, is shown in Figure 3-1. The 2013 estimated total population of the wholesale customers was approximately 1,213,410, according to NCTCOG. The total treated water population served for the past five years, based on NCTCOG population estimates, is illustrated in Table 3-1.

3.2

Long-Range Water Planning Efforts

The City of Dallas conducts long-range water planning efforts on a regular basis in order to maintain a reliable supply that meets the demand of the service area. The Long Range Water Supply Plan (LRWSP), currently underway includes revised population, per capita consumption, and total demand projections for Dallas and its wholesale customers. The population projections are presented in Table 3-2.

City of Dallas Water Conservation Plan

Figure 3-1: Dallas Water Utilities Service Area

Table 3-1: Population Served (Retail and Wholesale Customers) Year Total Population

2009

2010

2011

2012

2013

2,487,100

2,509,450

2,396,550

2,410,000

2,427,010

City of Dallas Water Conservation Plan

Table 3-2: Population Projections for City of Dallas and Customer Cities City/Region City of Dallas Current Wholesale Customer Cities Total

3.3

2030 2040 2060 2020 2050 2070 1,242,136 1,347,717 1,531,680 1,707,057 1,841,064 1,905,499 1,803,326

2,152,176 2,441,578 2,735,768 3,020,130 3,317,839

3,045,462 3,499,893 3,973,258 4,442,825 4,861,194 5,223,338

Impact of Wholesale Water Customers on Water Demand

Wholesale water customers account for a significant portion of DWU's water demand. These customers currently use approximately 39 percent of all water (treated and untreated) and 32 percent of treated water supplied by DWU. By year 2070, use by DWU's current wholesale water customers could increase to approximately 54 percent of all water and 49 percent of treated water. Therefore, water demand reductions by DWU's wholesale customers are considered essential if DWU is to achieve its long range water supply objectives. Strategies to address this challenge are discussed in Section 5.5 (Continuing Public Education Program) and Section 5.9 (Water Conservation Provisions in Wholesale Water Supply Contracts).

4.0

Description of the DWU Water System

DWU has supplied water to meet the needs of the City of Dallas since 1881 and also currently supplies treated water to 23 wholesale customers. DWU also supplies untreated water to an additional four wholesale customers. Dallas meets these needs through a system of surface water reservoirs and through its transmission, treatment, and distribution facilities. Recycled water projects, existing and proposed, are also components of the DWU water system.

4.1

Water Supply Sources

DWU has seven geographically diverse surface water reservoirs, located in different watersheds, and can balance the level of use in each reservoir to ensure that the supply of any single reservoir will not be prematurely exhausted. The reservoirs comprising DWU’s system are subdivided into western and eastern systems. This designation corresponds to DWU’s overall water treatment system infrastructure, which includes the two western treatment plants, Bachman Water Treatment Plant (WTP) and Elm Fork WTP, and one eastern treatment plant, East Side WTP. A detailed list of City of Dallas Water Utilities Water Rights is included in Appendix A.

4.1.1 Western System The reservoirs and watersheds in the western system in which DWU holds water rights include: Ray Roberts Lake

City of Dallas Water Conservation Plan

Lewisville Lake Grapevine Lake Elm Fork Channel of the Trinity River (above Frazier Dam) DWU also holds water rights for uncontrolled portions of the Elm Fork of the Trinity River watershed (i.e., areas located downstream of Lewisville Lake and Grapevine Lake which contribute stream flow to DWU’s water supply diversion points on the Elm Fork).

4.1.2 Eastern System The reservoirs and watersheds in the eastern system in which Dallas holds water rights include: Lake Ray Hubbard Lake Tawakoni Lake Fork Lake Palestine (unconnected) DWU holds water rights in Lake Palestine, but this reservoir is not presently connected to the DWU water system. In addition, DWU treats raw water from Lake Chapman for the City of Irving and delivers treated water to the City of Irving.

4.1.3 Others DWU holds storage and diversion rights for White Rock Lake, located on White Rock Creek, in northeastern Dallas. The City of Dallas also receives return flows into Lewisville Lake, Ray Roberts Lake, and Lake Ray Hubbard. Table 4-1 presents a summary of the current water rights associated with each of the reservoirs comprising DWU’s raw water sources. A map of DWU reservoirs is located in Appendix A.

4.2

Water Treatment Plants

DWU maintains three water treatment plants (Elm Fork, Bachman, and East Side) serving both retail and wholesale customers. The treatment plants have a combined treatment capacity of 900 million gallons per day (MGD) and a current total firm pumping capacity of 905 MGD. The Elm Fork Water Treatment Plant (WTP) is located in Carrollton near I-35 and Whitlock Lane. It has a current net treatment capacity of 310 MGD and a pumping capacity of 324 MGD. The Elm Fork WTP receives gravity flow through the Elm Fork of the Trinity River from Ray Roberts Lake, Lewisville Lake, and Grapevine Lake. The intake structure, located north of the Carrollton dam, diverts water by gravity flow to two low-service pump stations. One pump station is located at Broadway and Whitlock Lane and the other is on the plant site.

City of Dallas Water Conservation Plan

Table 4-1: Summary of Available Water Supply Sources

Source Surface Water

Groundwater Contracts

Other a

Lake Ray Hubbard Lewisville Lake Ray Roberts Lake Elm Fork Run-ofRiver Grapevine Lake Reuse NA Sabine River Authority – Lake Tawakoni Sabine River Authority – Lake Fork Upper Neches River Municipal Water Authority – Lake Palestine NA

Amount Authorized (MGD) 8.0 490.0 5.3

Firm Yield Available to DWU (MGD) 53.9 171.1

17.3 75.8 220.5 --

6.5 61.2 a,b --

169.9

170

117.6

117.7b

102.0

102c

Yield is based on 2012 annual wastewater discharges. This number will vary annually depending upon discharge. b Not fully connected c Not connected

The Bachman WTP is located north of Love Field Airport and adjacent to Bachman Lake. Bachman is Dallas’ oldest WTP and has a current net treatment capacity of 150 MGD, current storage capacity of 12.6 million gallons (MG), and a high-service pumping capacity of 180 MGD. Raw water is diverted from the Elm Fork of the Trinity River through Fishing Hole Lake to the Raw Water Pump Station (PS) which is located off-site from the WTP. The raw water is then pumped to the Ozone Facility located at the plant. The East Side WTP is located in Sunnyvale. The East Side WTP is Dallas’ largest WTP and has a current treatment capacity of 440 MGD and a firm pumping capacity of 401 MGD. The East Side WTP receives raw water from three reservoirs (Lake Ray Hubbard, Lake Tawakoni and Lake Fork) via three raw water pump stations and one balancing reservoir. From the east, the Iron Bridge PS (at Lake Tawakoni) and the Lake Fork PS pump raw water to the Tawakoni Balancing Reservoir (TBR). From the TBR, raw water flows by gravity into the Ozone Facility located at the plant. The Forney Raw Water PS pumps raw water from Lake Ray Hubbard directly to the Ozone Facility.

City of Dallas Water Conservation Plan

Several improvements are currently in progress to increase the overall capacity of the eastern system. The Lake Fork PS has recently been completed along with a new raw water transmission line that connects it to the Iron Bridge PS. New raw water pipelines from Lake Tawakoni to the TBR and from TBR to the East Side WTP are currently in the planning phases. In addition, improvements are presently underway at the East Side WTP to increase the treatment capacity of the plant from 440 MGD to 540 MGD and to implement the new enhanced coagulation and biological filtration treatment scheme.

4.3

Treated Water Storage and Distribution Systems

The DWU distribution system is divided into nine major pressure zones (Central Low, North High, South High, East High, Pleasant Grove, Red Bird High, Renner High, Trinity Heights and Cedar dale) with several intermediate areas of service supplied via inline boosters and pressure reducing valves. Each pressure zone includes one or more ground/elevated storage tank that is designed to act both as pressure equalizer and fire protection storage within the area. Once the water has been treated at one of the three DWU treatment plants (Bachman; Elm Fork; East Side), the finished water is then pumped into the distribution system. Transfers from treatment plants are accomplished by means of “high service” pumps that are located at the plant sites and throughout the system. These “high service” stations are supplied directly from the plant clear wells. There are a combined total of 30 pump stations, 11 clear wells, 10 ground storage reservoirs, and 9 elevated storage tanks in the distribution system. The treatment plant clearwells have a combined storage capacity of 90 MG; the ground storage reservoirs and elevated storage tanks have a total 178.4 MG and 15.5 MG, respectively. The combined storage capacity of the system is approximately 260.4 MG. DWU’s treated water distribution system consists of approximately 4,922 linear miles of pipe. The capacity of the treated water distribution system is constantly being upgraded and re-assessed to improve the ability of the distribution system to meet customers’ needs and to replace aging infrastructure.

4.4

Wastewater Treatment Plants

DWU operates two wastewater treatment plants (WWTPs) - Central and Southside - that serve the City of Dallas as well as eleven wholesale wastewater customer cities. The WWTPs have a combined annual average flow permitted capacity of 260 MGD with 545 MGD 2-hour peak. A general description of the plants is as follows: Central WWTP is currently rated at 150 MGD and is located 4 miles south of downtown. The Central WWTP permit includes a future capacity of 200 MGD. The annual average flow for FY 2012-13 was 73.2 MGD. The Central WWTP consists of two parallel treatment trains known as the Dallas Plant and White Rock Plant. Each has influent pump stations, preliminary treatment facilities, primary clarification, trickling filters, and secondary clarifiers. The combined flow from the Dallas and White Rock plants is then pumped to common aeration basins, final clarifiers, chlorination, filtration, and de-chlorination facilities. Sludge from the Central WWTP is pumped approximately 13 miles to the Southside WWTP.

City of Dallas Water Conservation Plan

Southside WWTP is currently permitted at 110 MGD and is located 18 miles southeast of downtown. The annual average flow for FY 2012-13 was 49 MGD. The Southside WWTP consists of an influent pump station, preliminary treatment facilities, primary clarification, aeration basins, secondary clarifiers, chlorination, filtration, and dechlorination facilities. The sludge handling facilities at the Southside WWTP include solids thickening, anaerobic digestion, solids dewatering, and dedicated land disposal. A small portion of the city’s wastewater is transported to the Trinity River Authority (TRA) Central Regional Wastewater Treatment Facility and to the City of Garland Duck Creek WWTP. Additional DWU wastewater system data is presented in the TCEQ's Utility Profiles for Municipal and Wholesale Suppliers provided in Appendix A. Also included in Appendix A is a map of DWU’s water and wastewater treatment plants.

5.0

DWU's Water Conservation Program

DWU has a long history of providing leadership in the area of water conservation. This section provides a description of DWU's existing water conservation program and the enhancements or new conservation measures that are planned to achieve or exceed DWU's stated water conservation goal.

5.1

Accurate Supply Source Metering

DWU has a comprehensive program to meter water diverted from supply sources within the DWU water system. All untreated water diversions or conveyances to the City of Dallas's Water Treatment Plants (WTPs) are metered using Venturi meters located at the WTPs. DWU contracts require that wholesale customers (treated and untreated water) use a meter that conforms to American Water Works Association (AWWA) standards with review and approval by DWU. The meters are calibrated in accordance with those standards to an accuracy of plus or minus 1.5 percent. This is well within the TCEQ requirement of 5 percent accuracy. All untreated water diverted from supply sources is compiled in an annual Surface Water Report, which shows diversions on a monthly basis.

5.2 Universal Metering, Meter Testing and Repair, and Periodic Meter Replacement Universal Metering - The current City of Dallas ordinance requires metering of all connections, except closed fire systems with alarms. Individual metering is required at all single-family residential locations. Most multifamily residential locations, such as apartments and condominiums, have individual metering for each building or designated water user. Some commercial businesses are combined through a single master meter as well. Dual metering is currently provided to some customers based on the individual needs of the user. All treated water pumped from the WTPs is compiled in an annual Pumped Water Report, which shows water pumped on a monthly basis. Most of the treated water used by wholesale customers is metered by DWU using Venturi meters with rate-of-flow controllers (ROFCs). The remaining treated water usage by wholesale customers is metered by volumetric meters. All treated water pumped from the WTPs to treated water wholesale customers is included in the Annual Pumped Water Report.

City of Dallas Water Conservation Plan

Meter Testing and Repair – DWU meters are tested and calibrated in accordance with AWWA standards to accuracy within plus or minus 1.5 percent. The city maintains a program to pull, test, and replace any meters determined to be functioning outside of these parameters. Periodic Meter Replacement – Most residential meters in the City of Dallas are replaced at 10year or 15-year intervals depending on meter size and accuracy life of the meter. Repair or replacement of larger general service meters is generally provided at five-year intervals. DWU will also repair or replace any meter reported as inaccurate by a water customer.

5.3

Leak Detection, Repair, and Control of Unaccounted-for Water

DWU has an extensive leak detection and repair program and is committed to maintaining a rate of less than 10 percent for unaccounted-for water losses in its water system. Annual unaccountedfor water, based on the difference between treated water pumped and sold, averaged 9.74 percent in 2013. This is well below the national average of 12 percent and below the American Water Works Association (AWWA) goal of 10 percent. Currently, DWU has an annual budget of $25 million for maintenance and upkeep of the distribution system. The majority of the budget is used for personnel, equipment, and materials. DWU operates 23 four-person repair crews. Most leaks, illegal connections, or abandoned services are discovered through the visual observation of field crews or are reported by the public. DWU also has fourteen staff members to detect hard-to-find leaks. The Leak Detection Program has the goal of surveying the entire water system and improving the integrity of the water system by identifying weaknesses in water pipelines before breaks develop. The goal is to survey all pipelines every 2.5 years. Leak detection staff members utilize state-of-the-art leak detection equipment, including leak listening devices, leak noise loggers, and a leak noise correlator. DWU leak detection program continues to meet and exceed its annual goal: surveying an average of 4,000 miles during years 2012 and 2013.

5.4

Monitoring and Record Management of Water Deliveries, Sales and Losses

DWU regularly monitors all water deliveries and sales to both treated and untreated water customers. All critical data, such as raw water conveyances to WTPs or wholesale customers, treated water pumped, and unaccounted-for water losses are available on a regular basis, as needed. All water sources and service connection accounts are individually metered and read on a regular basis to facilitate accurate comparisons and analysis.

5.5

Continuing Public Education Program

The City of Dallas' public education program is considered one of the best information and education programs in the State of Texas. DWU's program has received recognition from the Texas Water Development Board, the Texas Section of the American Water Works Association (TAWWA), the Texas Water Conservation Association, the American Advertising Federation, the U.S. Environmental Protection Agency (EPA), and the Obama Administration’s 2011 Clean Water Framework Report. The school program has received awards from the TAWWA, Keep Texas Beautiful, and the Oak Cliff Chamber of Commerce. DWU has implemented a number of public education and outreach strategies including an expanded Public Awareness Campaign, the Environmental Education Initiative for K-12 students,

City of Dallas Water Conservation Plan

a water conservation mascot, free irrigation system inspections, free Industrial, Commercial and Institutional (ICI) Water Efficiency Assessments and Rebates, a Hospitality Industry Outreach Program, water-wise landscape events, and other public education.

5.5.1 Public Awareness Campaign Launched in the summer of 2002, the city’s Public Awareness Campaign, branded “Save Water, Nothing Can Replace It,” promotes water conservation with television ads on major stations, radio ads during peak traffic periods, billboards on heavily traveled thoroughfares, and print ads in the Dallas Morning News and minority publications. A web site featuring the “Save Water” logo contains information about water conservation programs, the water conservation ordinance restrictions, and various “green” events sponsored by the city. The website can be accessed by visiting www.savedallaswater.com. Although the Dallas-Fort Worth area receives water service from many different water providers, it is a single media market. As a result, the DWU Public Awareness Campaign delivers messages within other water service areas, and the DWU water service area receives water conservation messages from other water providers. In 2009, DWU partnered with the Tarrant Regional Water District (TRWD) to minimize the potential for customer confusion by providing uniform water conservation messages to the entire media market and to leverage its Public Awareness Campaign budget. The public awareness campaign annual budget has grown from $1,150,000 in FY 200304 to $1,320,000 in FY 2012-13. Dallas leverages an additional $750,000 in media exposure annually through the TRWD partnership. Since 2002, Dallas has spent over $14.4 million on its public awareness campaign thus demonstrating its continuing commitment to water conservation for the entire North Texas region.

5.5.2 Environmental Education Initiative K-12 In FY 2005/06, DWU augmented its existing school education programs with an Environmental Education Initiative (EEI) through a collaborative effort with the Department of Sanitation to provide programs for grades kindergarten through twelve in the Dallas and Richardson Independent School Districts. The EEI web site3 is an online resource for teachers with links to videos on outdoor water use, indoor water use, watersheds, the power of many conserving, and surface-groundwater interactions. The web site also has a description of recycling lessons and water lessons for kindergarten through fifth grade children. Teachers can also register for a free in-class presentation through this web site. To date, the EEI has reached over 150,000 students. The annual EEI budget has increased from $171,000 in FY 2005-06 to $274,000 in FY 2012-13.

5.5.3 Water Conservation Mascot In 2006, DISD students elected Dallas’ official water conservation mascot “DEW”. Through frequent public appearances and community outreach, DEW helps to educate kids and adults alike about the importance of using water wisely. DEW has reached over 9,000 Dallas residents and businesses since his 2006 debut. More information on DEW’s efforts can be accessed

URL: dallaseei.org.

City of Dallas Water Conservation Plan

through the “Kids Corner” link on the city’s www.savedallaswater.com.

water

conservation

webpage,

5.5.4 Free Irrigation System Inspections DWU added two licensed irrigators to its water conservation division staff and began providing free irrigation system inspections in FY 2006-07. These inspectors serve residential and commercial customers and work with other city departments on proper maintenance and operation of city irrigation systems. The inspections include identification of potential system leaks, diagnosis of equipment malfunctions, and recommendations for equipment upgrades to enhance efficiency. As of September 2013, over 4,000 inspections have been performed since the program was launched. Projected savings based on implemented recommendations for FY2013 is 101 MG/year.

5.5.5

Water Wise Landscape Events

FY 2014 will mark the 20th anniversary of the city’s Water-wise Landscape Tour of Homes and Awards program. This initiative is designed to raise public awareness and save water by publicizing demonstration gardens, recognizing water-wise award winners, and promoting the replacement of water-thirsty yards with landscaping that requires minimal water and maintenance. The city also maintains “water-wise” landscapes and demonstration gardens at the historic White Rock Lake Pump Station and Fair Park. The use of water-wise landscaping is also promoted through semi-annual water-wise seminars and the city’s water conservation web site (www.savedallaswater.com) which includes a list of water-wise landscape locations and virtual tours. From FY 2008-09 through FY 2012-13, the city hosted 20 water-wise events. It is difficult to quantify water savings achieved specifically from these events. However, this conservation measure heightens awareness of the need for water conservation and provides tools for landscape conversion and proper maintenance. Water savings resulting from customer conversion to water-wise landscaping is not tracked by the city, but continued education events and potential water-wise landscape ordinances for future construction are expected to contribute to water use reduction over time.

5.5.6

Other Public Education

The City of Dallas also uses other approaches to public education, including water bill inserts, brochures, speaking engagements, special events and promotions, and conservation-oriented signs in city facilities.

5.5.7

New Public Education Measures Implemented Since 2010 Plan Update

Industrial, Commercial, and Institutional (ICI) Free Water Efficiency Surveys In FY 2011/12, the Dallas City Council authorized an ICI Water Efficiency Survey Program to help commercial entities and small businesses save water and money by identifying opportunities to increase water use efficiency and to reduce water, wastewater and electricity costs. The city’s free assessments include a full examination of:

City of Dallas Water Conservation Plan

Cooling Towers, Boilers & Other Thermodynamic Operations Metering, Monitoring and Measurement Plumbing Fixtures, Fittings & Equipment Landscape Irrigation Food Service Operations Laundry Operations Laboratory & Medical Facilities Swimming Pools, Spas & Fountains Vehicle Washes Alternate Sources of Water Over 69 water efficiency assessments have been performed since the program was launched with an estimated water savings of over 228 MGY if recommended process and equipment improvements are implemented. ICI Hospitality Program In FY 2010-11, the Dallas City Council authorized a program to encourage hotels/motels and restaurants to expand their efforts to save water by participating in the city’s Water Conservation Hospitality Program. The initiative is voluntary. Participating hotels and motels urge guests to embrace fewer linen and towel changes as well as serve water on request only in their dining areas. The City provides free public service announcements to participating lodging facilities to educate their guests about the program. Dallas area restaurants are also encouraged to serve water on request only. This simple measure not only saves our water resources but also provides energy savings through less frequent dishwasher and heated water use. Free marketing and promotional materials are provided for participating establishments. Forty- six hotels and 33 restaurants currently participate in the program.

5.5.8

Planned Public Education Measures

ICI Training Programs (FY 2014-15) DWU plans to develop, lead, and manage ongoing water efficiency training programs for: ICI facility managers for premise types that use the most water, and Irrigators, with a focus on EPA WaterSense programs. Topics will include industrial cooling and process, food processing, irrigation management, and leakage control. Bi-monthly or quarterly training programs will be conducted. As facility managers and irrigators become more aware of available water-efficient technologies and methods, they will begin to implement these measures. DWU will work with local businesses, green building organizations, and energy utilities to seek their input on the curriculum development and certification process. ICI Business Partnership Program (FY 2014-15) DWU plans to establish an ongoing Business Partnership Task Force or work group for the purpose of engaging the ICI community in DWU's water conservation program, particularly business leaders who represent companies that are top water users. The Task Force will meet four to six times per year for discussion of water conservation practices, sharing of conservation success stories, and discussion of DWU ICI water conservation programs.

City of Dallas Water Conservation Plan

5.6

City Leadership and Commitment Measures

City leadership and commitment strategies are intended to demonstrate a strong commitment to water conservation, with the city “leading by example.” Within this element of the Strategic Plan, the city has expanded its water conservation staff, expanded its leak detection program, revised its water conservation ordinance, and conducted retrofits at city-owned facilities. In addition, the city uses its web site to publicize its leadership, commitment, and conservation practices. Moreover, Dallas was the first municipality in the North Texas area to adopt an ordinance limiting outdoor landscape watering to a maximum of twice weekly. The ordinance now serves as a model for many cities across the region.

5.6.1 Water Conservation Division Staff DWU currently maintains 13 staff positions in the Water Conservation Division, up from 7 fulltime employees in 2005. New staff members included a water conservation analyst and two licensed irrigators. Staff members were added to analyze and track BMP programs, provide customer water audits, administer education programs, and facilitate retrofit programs. Significant expansion of water conservation programs with the implementation of the Strategic Plan required more water conservation staff to coordinate and support the enhanced program.

5.6.2 Retrofit of City Owned Facilities Retrofits of city facilities have included replacement of plumbing fixtures and irrigation audits and corresponding improvements. The city has also increased its employee and public awareness with campaigns publicizing improvements or retrofits at city-owned facilities. In FY 2012-13, a total of 446 indoor plumbing fixtures were installed as retrofits in Dallas City Hall, with an estimated annual water savings of 1.5 MG. These improvements were made possible through the City Leadership Grant Program which provides funding to city departments for water conservation activities. Grants are awarded on a competitive basis annually. DWU licensed irrigators also work with city departments on proper maintenance and operation of city irrigation systems. Over 160 irrigation system evaluations were performed at city parks facilities during FY 2012/13.

5.6.3 Planned City Leadership and Commitment Measures Water-Wise Landscape Design Requirements (FY 2014-15) DWU is collaborating with the city’s Building Inspection Office to revise, upon City Council approval and adoption, its landscape ordinance to limit turf areas in all new landscapes and require low-water-use landscaping in other areas. Other requirements could include minimum soil depths, soil amendments, and turf grass dormancy capability. Turf grass requires more water than native grasses and low-water-use plants. Reducing the turf grass area in new landscapes will reduce irrigation water use. ICI Commercial Equipment Rule (FY 2013-14) With the adoption of the International Green Building Construction Code (Section 5.14), the city has put into place requirements for certain water efficiency standards for new and newlyoccupied ICI establishments.

City of Dallas Water Conservation Plan

5.7

Rebate and Incentive Programs

DWU has implemented the following rebate and incentive programs: residential and multi-family toilet vouchers (New Throne for Your Home); Minor Plumbing Repair program; and the ICI rebate program. Each of these programs is described below.

5.7.1 Toilet Voucher Program The New Throne for Your Home program, initiated in July 2007, offers vouchers of up to $90 for replacement of older, inefficient toilets with more efficient models. Applicants must be DWU customers whose toilets were installed prior to January 1, 1994 and who do not already have water-efficient toilets. Single-family vouchers are limited to two per household. Multi-family requests are handled on a first-come, first-served basis, as funding is limited. The program is promoted in print and on the DWU water conservation web site. To date, more than 65,000 toilets have been replaced through the New Throne for Your Home program. These efficient toilets are projected to save over 293 MG annually.

5.7.2 Minor Plumbing Repair Program The Minor Plumbing Repair (MPR) program was initiated in FY 2005-06 with the goal of assisting low-to-moderate income water customers reduce water waste and increase water use efficiency. The program is designed to replace inefficient water use fixtures such as toilets (up to 2 per household), faucet aerators, and showerheads with efficient water use fixtures. The program also includes minor repairs to leaking faucets, hose bib leaks, easily accessible pipe joint leaks, and water heaters. To date, over 3,200 families have participated. Measures implemented through the MPR program are projected to save over 21 MG annually.

5.7.3 New Rebate and Incentive Measures Implemented Since 2010 Five-year Strategic Plan Update Industrial, Commercial and Institutional Rebate Program In FY 2011-12, the Dallas City Council authorized funding for ICI rebates in an effort to help corporations and small businesses defray the costs for large water conservation projects. Up to $100,000 (per project) in site-specific rebates are available to ICI customers towards the cost of new equipment and processes that conserve water at existing facilities. All ICI water users served by the City of Dallas Water Utilities are eligible to apply. A free City of Dallas water efficiency facility assessment is required for eligibility. Two customers have been identified for potential rebates to date.

5.7.4

Planned Rebate and Incentive Measures

Residential Irrigation System Incentive (FY 2013-14) DWU plans to offer a rebate or other incentive to all single- and multi-family residential customers that retrofit their existing irrigation systems with water-conserving equipment. Qualifying equipment may include:

City of Dallas Water Conservation Plan

Drip irrigation equipment Spray heads with greater distribution uniformity Smart irrigation controllers Other devices Residential Clothes Washer Incentive (FY 2014/15) DWU plans to offer a rebate to single- and multi-family residential customers for replacing older, inefficient clothes washers with water-efficient models (modified energy factor of at least 1.8 and water factor of no more than 7.5). Efficient clothes washers use up to sixty percent less energy and up to forty percent less water than conventional machines.

5.8

Non-promotional Water Rate Structure

DWU has a conservation-oriented rate structure for customers within the City of Dallas. Under the increasing block rate structure, customers are billed a water meter service charge which increases with the size of their meters. Customers are also billed for water usage, and increasing usage results in a higher unit cost for water. Connecting higher rates to increased consumption discourages customers from wasting water. A copy of DWU's rates is provided in Appendix A. Wholesale Customer Water Rates â&#x20AC;&#x201C; The rate structure for 97 percent of wholesale treated water customers is two-part, based on demand and volume. The remaining three percent is charged at a flat volume rate. Current wholesale customer contracts include a clause that promotes water conservation by discouraging high one-year water use and then returning to lower demand levels. Under this provision, wholesale customers pay annual demand charges based on the current water year demand or the highest demand established during the five preceding water years, whichever is greater. Wholesale untreated water customers are charged either a non-interruptible rate or an interruptible rate.

5.9

Water Conservation Provisions in Wholesale Water Supply Contracts

Current contracts between the City of Dallas and wholesale customers contain the following typical provisions related to water conservation: (1) the customer agrees to develop a water conservation plan which incorporates loss-reduction measures and demand management practices designed to ensure that the available supply is used in an economically efficient and environmentally sensitive manner, and (2) if Dallas grants authorization for the customer to sell water purchased from Dallas, then Dallas may establish the terms and conditions of the conveyance. In accordance with 30 TAC Â§ 288, the City of Dallas will include a requirement in every wholesale water supply contract entered into, including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements of Chapter 288. If the customer intends to resell the water, then the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with applicable provisions of Chapter 288.

City of Dallas Water Conservation Plan

5.10

Reservoir Systems Operations Plan

DWU operates the water supply system to achieve the most economical operation consistent with assuring adequate supply for future years, maintenance of water rights, and maintenance requirements of the supply and transmission facilities. To balance these factors, a revised reservoir operating procedure has been developed. This procedure is revised periodically as conditions change. The operation procedures are tested using computer simulations maintained and operated by DWU staff. The modeling considers projected water demands, power costs, chemical costs, treatment and distribution constraints, and hydrological data. Program utilization normally involves the trial operation of a set of lake operations, assuming that the critical drought of record begins at the time the simulations are made. DWU's computer program chooses monthly drafts from each lake based primarily on lake levels. When lakes are near full, less expensive western sources are drafted heavily. When these lakes drop to defined levels, their drafts are reduced and drafts are switched to more remote sources. Each potential operating rule is tested over the hydrological period of record to ensure the operation would not cause the supply in any reservoir to be exhausted should a drought equal in severity to the worst drought of record recur. The potential operating rules are compared, and from the results a set of operating guidelines for the upcoming year is developed. These guidelines are then modified if conditions warrant.

5.11

Means to Implement and Enforce the Water Conservation Plan

DWU administers and implements various components of the Water Conservation Program within the City of Dallas as authorized by the Dallas City Code, Chapter 49, Water and Wastewater. The enforcement of the water rate structure and metering is automatic. Water conservation lawn and landscape restrictions are enforced by the Department of Code Compliance. The DWU budget includes funding for enforcement activities by the Department of Code Compliance equivalent to two full-time personnel. For wholesale customers, clauses within their water supply contracts require development of water conservation plans to ensure that available supplies are used efficiently.

5.12

Coordination with Regional Water Planning Groups

DWU will provide a copy of this Water Conservation Plan to the Region C Water Planning Group. As the largest water supplier in the region, DWU will provide leadership and work with the Regional Water Planning Group to improve efficient utilization of existing water resources and/or develop new resources which meet the needs of the entire region.

5.13

Desegregation of Water Sales by Customer Class

DWU separates City of Dallas water customers into four general account classes: Residential â&#x20AC;&#x201C; The Residential class includes single-family residences, individually and master metered duplexes, individually metered apartments, and individually metered mobile homes. General Services â&#x20AC;&#x201C; The General Service class includes master metered multi-family housing, master metered apartments, and master metered mobile homes, office buildings, restaurants, hotels, churches, and other commercial and light industrial customers.

City of Dallas Water Conservation Plan

Optional General Service – The Optional General Service class mainly consists of large industrial customers, but the data shown also include some master metered apartment complexes. Municipal – The Municipal class consists of city buildings, parks, fire stations, libraries, and some hospitals. Based on the average retail water sold within the City of Dallas from FY 2008-09 through FY 2012-13, General Service and Residential customers account for most of the City’s treated water consumption (Figure 5-1). To better illustrate actual water use in Figure 5-1, consumption within the General Service account class has been divided into two categories: GS Multi-Family, consisting of master metered multi-family housing, master metered apartments, and master metered mobile homes, and GS Commercial, consisting of the remainder of General Service accounts. Figure 5-1: Average Water Consumption by Account Class, FY 2008-09 to FY 2012-13 6.7%

1.7%

35.9% 22.6%

23.0%

Residential

5.14

Multi-Family

Commercial

Industrial

Municipal

Plumbing Code Ordinances

The State of Texas has placed maximum flow rate requirements on plumbing fixtures. As of January 1, 2014, the law requires maximum average flow rates of 1.28 gallons per flush (gpf) for toilets and 0.5 gpf for urinals. Effective October 12, 2013, the City of Dallas amended the plumbing code by adopting the 2012 Edition of the International Green Construction Code of the International Code Council, Inc. with specified exceptions. Dallas's code at a minimum complies with State of Texas requirements.

City of Dallas Water Conservation Plan

5.15

Water Waste Prohibition

Dallas’s water and wastewater ordinance prohibits the following wasteful practices: Runoff from irrigation onto a street or other drainage area Irrigation of impervious areas Operation of an irrigation system with broken or missing sprinkler heads Irrigation during a precipitation event Irrigation between the hours of 10:00 a.m. and 6:00 p.m. from April 1 through October 31 of any year (except irrigation by hand and the use of soaker hoses) In addition, the water and wastewater ordinance requires all irrigation systems to be equipped with rain-sensing devices and freeze sensors. Beginning in April of 2012, additional changes were made to the ordinance allowing a maximum of twice-weekly lawn and landscape watering based on property street address. Provisions were included to allow temporary variances for specific situations that may require more than twiceweekly watering.

5.16

Wastewater Reuse and Recycling

DWU has developed water recycling projects and plans for additional projects, as described in the following sections: direct reuse projects, indirect reuse projects, and contracts for return flows into Dallas reservoirs. Table 5-1 presents a summary of direct and indirect recycled water projects for DWU along with the projected water supply. Table 5-1: Summary of DWU Recycled Water Projects Project

Direct Recycle Projects Cedar Crest/ Stevens Park Pipeline White Rock Pipeline Alternate/Cedar Crest Pipeline Extension Indirect Recycle Augmentation Return Flows to Dallas Reservoirs NTMWD/DWU Exchange Total

Projected 2020 Average Supply (MGD) 1.0 5.0 40.0 30.0 76.0

5.16.1 Direct Reuse Projects DWU provides recycled water from the Central WWTP to the Cedar Crest and Stevens Park golf courses for irrigation. The golf courses currently uses up to 1.0 MGD. DWU plans to add additional customers on this line in the future for non-potable applications, such as irrigation and industrial uses. DWU also plans to develop the White Rock Pipeline Alternative to provide recycled water for non-potable applications, such as irrigation and industrial uses.

City of Dallas Water Conservation Plan

5.16.2 Indirect Reuse Projects DWU has agreed in principle with the North Texas Municipal Water District (NTMWD) to an exchange of recycled water. This planned exchange includes the following elements: DWU will use a portion of the recycled water discharged to Lewisville Lake from NTMWD-operated WWTPs in Frisco. Upon completion of a Main Stem Pump Station in approximately 2018, recycled water that originates from DWU WWTPs will be diverted from the main stem of the Trinity River to the NTMWD’s East Fork Wetlands. Upon completion of the Main Stem Pump Station, DWU will use all recycled water discharged to Lake Ray Hubbard from NTMWD-operated WWTPs.

5.16.3 Return Flow Permits Dallas has received a State water right permit for the return flows from its wastewater treatment plants as well as the treatment plants of other entities.

5.17

Method to Monitor the Effectiveness of the Plan

The effectiveness and efficiency of the water conservation program will be monitored on an ongoing basis by DWU staff. DWU determines the extent of water conservation by compiling implementation data, monitoring water consumption, modeling water demand, and tracking water conservation costs. Annual Report on Water Conservation Activities – 30 TAC § 288 requires that each entity that is required to submit a water conservation plan to the TWDB or the TCEQ shall file an annual report to the TWDB on the entity's progress in implementing each of the minimum requirements in their water conservation plan. DWU submitted the first of these yearly reports on April 26, 2010. This report will be submitted in accordance with the requirement. Quantified Marketing Analysis – DWU conducts surveys at the conclusion of each year’s public awareness campaign to evaluate and improve the effectiveness of the campaign. Results are analyzed and used in planning for the subsequent year.

City of Dallas Water Conservation Plan

APPENDIX A Utility Profile for Municipal Water Suppliers Utility Profile for Wholesale Water Suppliers Water Supply System Data Standard Rate Schedule

Texas Commission on Environmental Quality UTILITY PROFILE AND WATER CONSERVATION PLAN REQUIREMENTS FOR MUNICIPAL WATER USE BY RETAIL PUBLIC WATER SUPPLIERS This form is provided to assist retail public water suppliers in water conservation plan development. If you need assistance in completing this form or in developing your plan, please contact the conservation staff of the Resource Protection Team in the Water Availability Division at (512) 239-4691.

Name:

City of Dallas Water utilities

Address:

1500 Marilla St., Room 5AS, Dallas, TX 75201

Telephone Number:

(214) 2431175

Fax: (214) 6705244

Water Right No.(s): Regional Water Planning Group:

Region C

Form Completed by:

Carole R. Davis

Title:

Water Conservation Division Manager

Person responsible for implementing conservation program:

Carole R. Davis on behalf of City of Dallas Water Utilities

Signature:

Phone: (214) 2431175

Date:

NOTE: If the plan does not provide information for each requirement, include an explanation of why the requirement is not applicable.

TCEQ â&#x20AC;&#x201C; 10218 (Rev. 06/14/2013)

Page 1 of 11

UTILITY PROFILE I. POPULATION AND CUSTOMER DATA A. Population and Service Area Data 1.

Attach a copy of your service-area map and, if applicable, a copy of your Certificate of Convenience and Necessity (CCN).

Service area size (in square miles): 699 (Please attach a copy of service-area map)

Current population of service area: 2,427,010

Current population served for: a. Water 2,427,010 b. Wastewater 1,276,491

Population served for previous five years:

Projected population for service area in the following decades:

Year

Population

Year

2013

2,427,010

2020

2012

2,410,000

2030

2011

2,396,550

2040

2010

2,509,450

2050

2009

2,487,100

2060

Population 3,045,462 3,499,893 3,973,258

4,442,825 4,861,194

List source or method for the calculation of current and projected population size. Current and previous population - NTCOG – North Central Texas Council of Governments Projected Population – 2016 draft Region C Population Projections Note: the Current and Previous Five Years numbers do not include Upper Trinity Regional Water District (UTRWD); whereas, the Projected Population numbers do include UTRWD

TCEQ – 10218 (Rev. 06/14/2013)

Page 2 of 11

B. Customers Data Senate Bill 181 requires that uniform consistent methodologies for calculating water use and conservation be developed and available to retail water providers and certain other water use sectors as a guide for preparation of water use reports, water conservation plans, and reports on water conservation efforts. A water system must provide the most detailed level of customer and water use data available to it, however, any new billing system purchased must be capable of reporting data for each of the sectors listed below. http://www.tceq.texas.gov/assets/public/ permitting/watersupply/water_rights/sb181_guidance.pdf 1.

Current number of active connections. Check whether multi-family service is counted as Residential or Commercial? Treated Water Users

Metered

Non-Metered

Totals

Residential Single-Family

248,445

Multi-Family

11,500

30,362

1,209 (Municipal)

1,209

Commercial Industrial/Mining Institutional Agriculture Other/Wholesale 2.

List the number of new connections per year for most recent three years. Year

2011

2012

2013

111

509

532

163

413

Treated Water Users Residential Single-Family Multi-Family Commercial Industrial/Mining Institutional Agriculture Other/Wholesale 3.

List of annual water use for the five highest volume customers.

TCEQ â&#x20AC;&#x201C; 10218 (Rev. 06/14/2013)

Page 3 of 11

II.

Customer

Use (1,000 gal/year)

Treated or Raw Water

Texas Instruments

1,933,000

Treated

UT Southwestern

586,000

Treated

Niagara Bottling

327,000

Treated

Nestle Water

260,000

Treated

Vought Aircraft

224,000

Treated

WATER USE DATA FOR SERVICE AREA Ask Erica A. Water Accounting Data 1.

Year Month January February March April May June July August September October November December Totals

List the amount of water use for the previous five years (in 1,000 gallons). Indicate whether this is diverted or treated water. 2013

2012

2011

2010

2009

5,082,758 4,013,230 4,334,933 4,400,027 5,745,108 5,331,751 6,446,383 7,498,577 6,794,831 7,067,603 4,517,115 4,915,347 66,167,689

4,554,793 4,110,826 4,462,889 3,732,838 6,140,341 6,196,726 7,370,287 8,113,194 6,549,065 6,945,880 5,431,200 4,982,363 68,590,402

4,824,815 3,753,033 5,089,431 5,113,208 4,929,780 6,642,327 7,298,633 10,040,312 8,553,738 6,857,735 5,333,917 4,725,807 73,192,736

3,946,164 3,639,064 4,694,840 4,603,155 4,673,003 7,102,792 6,582,287 8,047,553 7,523,327 6,108,072 5,304,345 4,980,798 67,205,400

4,081,784 4,251,163 5,136,226 5,157,608 4,749,781 6,371,365 7,577,119 7,628,673 6,650,098 5,762,958 4,061,081 4,680,928 66,108,784

Describe how the above figures were determine (e.g, from a master meter located at the point of a diversion from the source, or located at a point where raw water enters the treatment plant, or from water sales). Primary pumpage less net reservoir draw equals daily consumption.

TCEQ â&#x20AC;&#x201C; 10218 (Rev. 06/14/2013)

Page 4 of 11

Amount of water (in 1,000 gallons) delivered/sold as recorded by the following account types for the past five years.

Year

2013

2012

2011

2010

2009

Single-Family 25,528,479

27,758,611

30,055,106

26,631,280

25,530,429

Multi-Family

16,521,958

17,344,016

18,741,451

17,461,064

18,569,695

17,473,850

17,591,228

17,509,170

16,590,089

16,029,471

4,611,773

5,473,089

5,415,149

4,763,135

55,307,849

59,965,290

54,742,371

56,915,818

Account Types Residential

Commercial

Industrial/Mining 5,302,885 Institutional Agriculture Other/Wholesale 54,452,327

3. List the previous records for water loss for the past five years (the difference between water diverted or treated and water delivered or sold). Year

Amount (gallons)

Percent %

2013

20,011.2

14%

2012

22,017.2

15%

2011

24,761.1

16%

2010

21,740.0

15%

2009

21,292.0

14%

B. Projected Water Demands If applicable, attach or cite projected water supply demands from the applicable Regional Water Planning Group for the next ten years using information such as population trends, historical water use, and economic growth in the service area over the next ten years and any additional water supply requirements from such growth.

TCEQ â&#x20AC;&#x201C; 10218 (Rev. 06/14/2013)

Page 5 of 11

III.

WATER SUPPLY SYSTEM DATA

A. Water Supply Sources List all current water supply sources and the amounts authorized (in acre feet) with each.

Source Surface Water Lake Ray Hubbard Lewisville Lake Ray Roberts Lake Elm Fork Runof-River Grapevine Lake Reuse Groundwater NA Contracts Sabine River Authority – Lake Tawakokni Sabine River Authority – Lake Fork Upper Neches River Municipal Water Authority – Lake Palestine Other NA

Amount Authorized (acre-feet/year)

Firm Yield (acre-feet/year)

89,700.0

60,375.8

549,976.0 591,704.0

191,768.6

19,381.4 85,000.0 247,200.0 --

7,280.9 68,631.5a,b --

190,480.0

131,860.0

131,860.0b

114,337.0

114,337.0c

aYield

is based on 2012 annual wastewater discharges. This number will vary annually depending upon discharge. bNot fully connected cNot connected

B. Treatment and Distribution System 1.

Design daily capacity of system (MGD):900

Storage capacity (MGD): a. Elevated 14.5 MG b. Ground 231 MG

If surface water, do you recycle filter backwash to the head of the plant? Yes

TCEQ – 10218 (Rev. 06/14/2013)

If yes, approximate amount (MGD): 20

Page 6 of 11

IV.

WASTEWATER SYSTEM DATA A. Wastewater System Data (if applicable) 1. Peak

Design capacity of wastewater treatment plant(s) (MGD): 260 MGD with 545 MGD 2-hr

Treated effluent is used for on-site irrigation, down, and/or for chlorination/dechlorination.

off-site irrigation, for

plant wash-

If yes, approximate amount (in gallons per month): 105,000,000 3.

Briefly describe the wastewater system(s) of the area serviced by the water utility. Describe how treated wastewater is disposed. Where applicable, identify treatment plant(s) with the TCEQ name and number, the operator, owner, and the receiving stream if wastewater is discharged. There are (2)-two facilities that are owned and operated by the City of Dallas. The Southside Waste Water Treatment Plant (SWWTP) (TPDES Permit # WQ0010060006) which is a conventional activated sludge plant with a permit of 110 MGD and a 195 MGD 2-hr peak and the Central Wastewater Treatment Plant (CWWTP) (TPDES Permit # WQ0010060001) which is a trickling filter plant in line with a conventional activated sludge plant with a permit of 150 MGD and a 350 MGD 2-hr peak limit. Both facilities are permitted to discharge their total flows into the Upper Trinity River. In addition, the CWWTP has a reuse permit (See maps). All organic solids removed from both facilities are digested then land applied at the SWWTP facility.

TCEQ â&#x20AC;&#x201C; 10218 (Rev. 06/14/2013)

Page 7 of 11

B. Wastewater Data for Service Area (if applicable) 1.

Percent of water service area served by wastewater system: 699 %

Monthly volume treated for previous five years (in 1,000 gallons):

Year 2013 2012 Month January 4,582,200 5,691,600 February 3,874,000 4,928,200 March 4,048,500 6,215,600 April 4,733,400 4,773,400 May 4,699,200 4,465,700 June 4,612,600 4,419,200 July 4,521,900 4,283,300 August 4,475,100 4,447,100 September 4,448,800 4,114,000 October 4,756,400 4,298,300 November 4,438,200 3,880,700 December 4,852,600 4,142,500 Totals 54,042,900 55,659,600

TCEQ â&#x20AC;&#x201C; 10218 (Rev. 06/14/2013)

2011

2010

2009

4,509,100 4,060,900 4,021,400 4,177,500 4,607,400 4,062,700 3,827,400 3,384,700 3,657,700 4,250,700 3,811,000 4,706,100 49,076,600

5,314,600 7,110,200 6,187,700 4,795,600 4,468,800 4,270,100 4,570,800 4,297,800 5,478,800 4,289,200 4,336,900 4,174,100 59,294,600

4,242,700 3,937,900 4,933,500 4,696,300 5,677,100 5,639,900 4,859,200 4,863,900 5,975,900 8,144,800 5,813,800 5,554,700 64,339,700

Page 8 of 11

Texas Commission on Environmental Quality

PROFILE & WATER CONSERVATION PLAN REQUIREMENTS FOR WHOLESALE PUBLIC WATER SUPPLIERS This form is provided to assist wholesale public water suppliers in water conservation plan development. Information from this form should be included within a wholesale public water supplier water conservation plan. If you need assistance in completing this form or in developing your plan, please contact the conservation staff of the Resource Protection Team in the Water Supply Division at (512) 239-4691.

Name of Entity:

City of Dallas Water Utilities

Address & Zip:

1500 Marilla St., Room 5AS, Dallas, TX 75201

Telephone Number:

( 214 ) 243-1175

Form Completed by:

Carole R. Davis

Title:

Water Conservation Division Manager

Fax: (214) 670-5244

Signature:

Date:

Name and Phone Number of Person/Department responsible for implementing a water conservation program: Carole R. Davis 214/243-1175_____________________________

PROFILE I.

WHOLESALE SERVICE AREA POPULATION AND CUSTOMER DATA A.

TCEQ-20162 (11-5-04)

Population and Service Area Data 1.

Service area size in square miles: (attach a copy of service-area map)

______699_______________

Current population of service area:

________2,427,010_________

Current population served for: a. water ___2,427,010__________ b. wastewater ___1,276,491_________

Page 1 of 10

Population served for previous five years:

Year

Population

Projected population for service area in the following decades: Year Population

2013 2012 2011 2010 2009

2,427,010 2,410,000 2,395,550 2,509,450 2,487,100

2020 2030 2040 2050 2060

3,045,462 3,499,893 3,973,258 4,442,825 4,861,194

List source or method for the calculation of current and projected population: Current and previous population - NTCOG â&#x20AC;&#x201C; North Central Texas Council of Governments Projected Population â&#x20AC;&#x201C; 2016 draft Region C Population Projections Note: the Current and Previous Five Years numbers do not include Upper Trinity Regional water District (UTRWD); whereas, the Projected Population numbers do include UTRWD

Customers Data List (or attach) the names of all wholesale customers, amount of annual contract, and amount of the annual use for each for the previous year: (See List - Attachment A) Wholesale Customer

Contracted Amount

(1)

_______________

Previous Year Amount of Water Delivered (acre-feet) _________________

(2)

_______________

_________________

(3)

_______________

_________________

(4)

_______________

_________________

(5)

_______________

_________________

(acre-feet)

TCEQ-20162 (11-5-04)

Page 2 of 10

II.

WATER USE DATA FOR SERVICE AREA A. Water Delivery Indicated if the water provided under wholesale contracts is treated or raw water and the annual amount for each for previous year: Treated Raw Total

Total amount delivered or sold for previous year (acre-feet) 144,727 12,123 156,850

Water Accounting Data 1.

Year January February March April May June July August September October November December TOTAL

Total amount of water diverted at point of diversion(s) for previous five years (in acre-feet) for all water uses: 2013 2012 2011 2010 2009 28,793.42 29,124.68 28,738.72 29,949.85 30,342.16 25,366.29 26,079.49 27,905.83 22,759,54 29,353.47 28,185.18 28,860.63 33,876.50 26,253.83 29,226.15 25,749.08 27,949.46 33,219.21 34,008.74 28,551.37 34,112.60 39,817,74 33,347.18 41,215.14 35,008.93 36,704.45 38,197.18 32,289.46 45,579.25 44,328.06 43,286.76 48,453.43 54,433.67 41,639.69 48,254.33 46,279.14 46,263.77 54,900.18 53,103.58 45,799.24 42,497.75 42,590.64 45,708.61 41,367.96 34,647.62 35,223.80 38,511.44 35,911.98 38,964.41 33,194.45 44,893.96 36,355.07 31,036.57 29,123.27 32,077.24 33,317.62 30,808.88 26,856.43 26,308.88 28,798.75 424,410.05 433,011.41 438,224.34 430,274.14 419.581.77

Year

Wholesale population served and total amount of water diverted for municipal use for previous five years: Total Population Served Total Annual Water Diverted for Municipal Use

2013 2012 2011 2010 2009

1,002,543 994,882 988,773 992,366 980,130

(acre feet)

TCEQ-20162 (11-5-04)

424,410 433,011 438,224 430,274 419,581

Page 3 of 10

Projected Water Demands If applicable, project and attach water supply demands for the next ten years using information such as population trends, historical water use, and economic growth in the service area over the next ten years and any additional water supply requirement from such growth.

III.

WATER SUPPLY SYSTEM DATA

Water Supply Sources List all current water supply sources and the amounts authorized with each: Source

Surface Water

Groundwater Contracts

Other

Lake Ray Hubbard Lewisville Lake Ray Roberts Lake Elm Fork Run-ofRiver Grapevine Lake Reuse NA Sabine River Authority – Lake Tawakokni Sabine River Authority – Lake Fork Upper Neches River Municipal Water Authority – Lake Palestine NA

Amount Authorized (acre-feet/year) 89,700.0 549,976.0 591,704.0

Firm Yield (acre-feet/year) 60,375.8 191,768.6

19,381.4 85,000.0 247,200.0 --

7,280.9 68,631.5a,b --

190,480.0

131,860.0

131,860.0b

114,337.0

114,337.0c

Yield is based on 2012 annual wastewater discharges. This number will vary annually depending upon discharge. b Not fully connected c Not connected

TCEQ-20162 (11-5-04)

Page 4 of 10

IV.

Treatment and Distribution System (if provide treated water) 1. 2.

Design daily capacity of system: 900 MGD Storage Capacity: Elevated 14.1 MGD, Ground 231 MGD

Please describe the water system and attach. Include the number of treatment plants, wells, and storage tanks. If possible, attach a sketch of the system layout.

WASTEWATER SYSTEM DATA A.

TCEQ-20162 (11-5-04)

Wastewater System Data (if applicable) 1.

Design capacity of wastewater treatment plant(s): 260 MGD with 545 MGD 2-hr Peak

Briefly describe the wastewater system(s) of the area serviced by the wholesale public water supplier. Describe how treated wastewater is disposed of. Where applicable, identify treatment plant(s) with the TCEQ name and number, the operator, owner, and, if wastewater is discharged, the receiving stream. If possible, attach a sketch or map which locates the plant(s) and discharge points or disposal sites. There are (2)-two facilities that are owned and operated by the City of Dallas. The Southside Waste Water Treatment Plant (SWWTP) (TPDES Permit # WQ0010060006) which is a conventional activated sludge plant with a permit of 110 MGD and a 195 MGD 2-hr peak and the Central Wastewater Treatment Plant (CWWTP) (TPDES Permit # WQ0010060001) which is a trickling filter plant in line with a conventional activated sludge plant with a permit of 150 MGD and a 350 MGD 2-hr peak limit. Both facilities are permitted to discharge their total flows into the Upper Trinity River. In addition, the CWWTP has a reuse permit (See maps). All organic solids removed from both facilities are digested then land applied at the SWWTP facility.

Page 5 of 10

TCEQ-20162 (11-5-04)

Page 6 of 10

Year January February March April May June July August September October November December TOTAL

TCEQ-20162 (11-5-04)

Wastewater Data for Service Area (if applicable) 1.

Percent of water service area served by wastewater system: 100

Monthly volume treated for previous three years (in 1,000 gallons): 2013 4,582,200 3,874,000 4,048,500 4,733,400 4,699,200 4,612,600 4,521,900 4,475,100 4,448,800 4,756,400 4,438,200 4,852,600 54,042,900

2012 5,691,600 4,928,200 6,215,600 4,773,400 4,465,700 4,419,200 4,283,300 4,447,100 4,114,000 4,298,300 3,880,700 4,142,500 55,659,600

2011 4,509,100 4,060,900 4,021,400 4,177,500 4,607,400 4,062,700 3,827,400 3,384,700 3,657,700 4,250,700 3,811,000 4,706,100 49,076,600

Page 7 of 10

Attachment A

WHOLESALE WATER CUSTOMERS DEMANDS AND USAGE

Wholesale Customer Addison Carrollton Cedar Hill Cockrell Hill Combine Water Supply Corporation Coppell Dallas County Water Control Improvement District #6 (Balch Springs) D/FW Airport Denton DeSoto Duncanville Farmers Branch Flower Mound Glenn Heights Grand Prairie Grapevine Hutchins Irving Lancaster Lewisville (Treated Water) Lewisville (Raw Water) Ovilla Red Oak Seagoville The Colony UTRWD

Contracted Amount Type of Contract (Ac-Ft/Yr) 12,321.6 Treated Water 45,925.9 Treated Water 12,993.7 Treated Water Flat Rate - Unspecified Treated Water Treated Water Flat Rate - Unspecified 20,162.6 Treated Water 3,920.5 Treated Water 3,920.5 Treated Water 1,097.8 Raw Water 16,242.1 Treated Water 12,321.6 Treated Water 19,042.4 Treated Water 12,321.6 Treated Water 2,576.3 Treated Water 37,860.9 Treated Water 2,016.3 Raw Water Flat Rate - Unspecified Treated Water 78,074.0 Treated Water 8,961.2 Treated Water 10,081.3 Treated Water 8,961.2 Raw Water Flat Rate - Unspecified Treated Water 1,120.1 Treated Water 3,696.5 Treated Water 6,720.9 Treated Water 12,164.8 Raw Water

Total Amount of Treated Water Sold to Wholesale Customers During Calendar Year 2012: Total Amount of Untreated Water Sold to Wholesale Customers During Calendar Year 2012: Grand Total

Prepared by: 10-28-2013 Wholesale Services

Calendar Year 2012 Usage (Ac-Ft/Yr) 5,666 23,353 10,027 466 314 10,730 2,019 2,302 0 8,500 5,992 9,577 8,026 1,367 20,815 714 1,134 12,971 4,804 9,784 9,031 650 756 1,651 3,821 2,378 144,727 12,123 156,850

Water Supply Sources

1 2 3 4 5 6 7 8 9

Ray Roberts Lewisville Grapevine Elm Fork Trinity River Elm Fork Trinity River White Rock Ray Hubbard Ray Hubbard Elm Fork Trinity River

Right/Permit

08-2455B 08-2456F 08-2458C 08-2457D Aug-59 08-2461B 08-2462H 12110 5414

Total of Dallas's Water Rights and Permits Water Supply Sources

10 11 12 13

Tawakoni Lake Fork Palestine Lewisville

Contract

1583 450 173A 1415

Total of Dallas's Contracted Water Rights Total Surface Water Rights Groundwater Rights

Total (ac-ft/yr)

NonConsumptive Hydroelectric (ac-ft/yr) 591,704.00 115,100.00 549,976.00 451,030.00 84,500.00 21,678.20 50.00 8,703.15 89,700.00 49,500.00 40,000.00

1,435,811.35 Total (ac-ft/yr) 184,600.00 120,000.00 114,337.00 125.00 419,062.00 1,854,873.35 0.00

NonConsumptive Hydroelectric (ac-ft/yr)

City of Dallas

DALLAS WATER UTILITIES RETAIL WATER and SEWER MONTHLY RATES Effective October 1, 2013 CUSTOMER CHARGE

WATER

SEWER

COMBINED

$4.65 $6.45 $9.38 $17.47 $27.26

$4.40 $5.90 $8.53 $16.01 $25.82

$9.05 $12.35 $17.91 $33.48 $53.08

$66.56 $110.59 $219.60 $364.98 $561.26

$61.45 $100.10 $201.31 $332.91 $507.07

$128.01 $210.69 $420.91 $697.89 $1,068.33

$1.80 3.77 5.20 7.09

$4.90 4.90 4.90 4.90

Up to 10,000 gallons $2.70 Above 10,000 gallons 3.30 Above 10,000 gallons & 1.4 4.65 times annual average monthly usage

$3.47 3.47 3.47

5/8 3/4 1 1 1/2 2 3 4 6 8 10

Inch Meter Inch Meter Inch Meter Inch Meter Inch Meter Inch Meter Inch Meter Inch Meter Inch Meter Inch Meter or larger

USAGE CHARGE per 1,000 gallons*

RESIDENTIAL Up to 4,000 gallons 4,001 to 10,000 gallons 10,001 to 15,000 gallons Above 15,000 gallons

GENERAL SERVICES

OPTIONAL GENERAL SERVICES 1st million gallons or less (minimum) Above 1 million gallons (per 1,000 gallons) Sewer Metered Separately

$1,945.98

$3.22

2.55

3.22 3.40

UNTREATED WATER Uninterruptible Interruptible

$0.5355 0.2430

The above rates apply if payment is received on or before the due date shown on the bill. Payments received after the due date will incur a 5% late fee. * Sewer Charges for residential accounts are calculated on an average of the water billed in December, January, February and March (40,000 gallons maximum) or the actual month's water consumption, whichever is less. Sewer charges for general services and optional general services accounts are based on the month's water consumption unless sewer is metered separately. Industrial wastewater discharges containing concentrations of BOD and/or Suspended Solids greater than 250 milligrams per liter are assessed sewer surcharges. Certain commercial users such as restaurants, bars/lounges, small food processors and equipment service facilities are assessed standard surcharges. These surcharges are included as part of the monthly bill.

APPENDIX B Implementation Schedule

Status

Continuing Program

FY2006

Water "Dew" drop mascot used to promote conservation at frequent public appearances. Mascot was "elected" over other concepts by Dallas Independent School District students.

Through the use of two licensed irrigators on staff, DWU provides free automatic irrigation system Free Irrigation System Inspections inspections to customers and makes recommendations for improvements in efficiency. The process FY2007 serves to educate the customer about the effective use of their system.

Page 1 of 4

Historically a DWU best management practice.

DWU promotes water conservation through other outreach events including special events and promotions, speaking engagements, water bill inserts, brochures and signage encouraging conservation at city facilities.

Other Public Education

Continuing Program

FY1994

WaterWise Landscape Tours and Seminars provided to teach residents about the use of native and adapted plants to reduce outdoor water use.

WaterWise Landscape Events

Water Conservation Mascot

Continuing Program

FY2006

Environmental Education Initiative Collaborative effort with the Department of Sanitation to provide in-school programs in the Dallas K-12 and Richardson Independent School Districts.

Public Awareness Campaign

FY2002

Continuing Program

Historically a DWU best management practice.

Implementation Date

DWU conservation program branding "Save Water, Nothing Can Replace it" is used to promote water conservation with various media including television, radio, newspaper, website and social media. DWU has spent a total of $14.4 million on the public awareness campaign since 2002.

Continuing Public Education

Monitoring & Record Management Process in place to routinely monitor all water deliveries and sales to both treated and untreated of Water Deliveries, Sales and water customers. Losses

Monitoring & Record Management

Leak Detection, Repair & Control of Unaccounted for Water

Program to methodically seek out leaks, illegal connections and abandoned services. DWU maintains an annual budget of $25M for this purpose.

Metering of all connections. Testing meters to maintain specified accuracy. Periodic 10- or 12-year replacement schedule depending on type of meter and accuracy.

Universal Metering, meter testing repair and periodic replacement

Leak Detection

Comprehensive program to meter water diverted from supply sources within DWU system. Meters calibrated to accuracy of Âą1.5% to AWWA standards.

Description

Accurate Supply Source Metering

Metering

Strategy

Dallas Water Utilities Conservation Strategies Implementation Schedule - Subject to annual appropriations approved by Dallas City Council

FY2011

A program to encourage hotels/motels and restaurants to expand their efforts to save water. Participating customers encourage their guests to embrace fewer linen and towel changes and to serve water only upon request in their dining areas.

ICI Hospitality Program

FY2015

DWU plans to establish an ongoing Business Partnership Task Force or work group for the purpose of engaging the ICI community in DWU's water conservation program.

ICI Business Partnership Program

Beginning with an audit of fixtures at City-owned facilities in 2006, DWU provides funds on an annual basis for upgrades of plumbing fixtures, conversion of landscapes to water-wise landscapes and maintenance and upgrades of automatic irrigation systems.

FY2014

Effective October 12, 2013, the city amended its construction code to require certain water efficiency standards for new and newly-occupied ICI establishments.

ICI Commercial Equipment Rule

FY2006

The MPR program serves low-to-moderate income water customers by assisting them with minor plumbing repairs and replacement of water-wasting fixtures. To date, over 3,200 families have participated with a projected annual water savings of over 21 MG.

Toilet Voucher Program

Minor Plumbing Repair Program (MPR)

Page 2 of 4

FY2007

The New Throne for Your Home program offers vouchers and rebates to DWU residential customers for replacement of older, water-wasting toilets with more efficient models. To date, more than 65,000 toilets have been replaced through this program at a projected annual water savings of over 293 MG.

Rebate and Incentive Programs

FY2015

DWU staff is working with the city's Building inspection Office to revise, upon City Council approval and adoption, its landscape ordinance to limit turf areas in all new landscapes and to require lowwater-use landscaping in other areas.

Water-Wise Landscape Design Requirements

FY2007

Included as a major focus in the strategic plan, a commitment to water conservation is demonstrated through structured programs including but not limited to an expanded leak detection FY2006 program, revised ordinances to promote conservation, and ongoing and continually updated web site and multimedia efforts to promote conservation practices. DWU currently maintains 13 staff positions, an increase from seven in 2005. Additional staff has FY2006 helped with implementation of new conservation strategies as well as routinely measuring the effectiveness of implemented programs.

Planned City Leadership and Commitment Measures

Retrofit of City-owned Facilities

Water Conservation Staff

City's Strategies to "Lead by Example"

City Leadership and Commitment Measures

FY2015

DWU plans to develop, lead and manage ongoing water efficiency training programs for ICI facility managers and irrigators.

ICI Training Programs

Planned Public Education Measures

FY2012

Free water efficiency surveys offered to commercial customers to help them find ways to increase water use efficiency.

Industrial Commercial and Institutional (ICI) Free Water Efficiency Surveys

New Public Education Measures

Continuing Program

Pending

Continuing Program

DWU is currently developing a program to offer rebates to residential customers for replacement of FY2015 old inefficient clothes washers, subject to City Council approval.

Residential Clothes Washer Incentive

In accordance with 30 TAC Chapter 288, new and/or renewed contracts require that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements of Chapter 288.

Conservation Requirement for Resell of Water purchased from DWU

DWU will provide a copy of this Plan to the Region C Water Planning Group.

Continuing Practice

Historically a DWU best management practice.

FY2001

Continuing Practice

Page 3 of 4

DWU not only provides leadership within the Regional Water Planning Group (RWPG), it also works with the RWPG to improve efficient utilization of existing water supplies and/or develop new resources to help meet the needs of the entire region.

FY2002

Continuing Practice

City of Dallas has a water conservation ordinance enforced by the Department of Code Compliance. Clauses within the all wholesale water supply contracts require development of water conservation Historically a DWU best management practice. plans to ensure that available supplies are used efficiently.

Coordination with Regional Water Planning Group

Measures to Implement the Plan

Means to Implement and Enforce the Water Conservation Plan

DWU operates the water supply system to achieve the most economical operation consistent with Economical and Efficient Operation assuring adequate supply for future years, maintenance of water rights, and maintenance of Distribution System. requirements of the supply and transmission facilities. Reservoir operating procedures are periodically updated in order to balance these factors as conditions change.

Reservoir Systems Operation Plan

Current contracts between the City of Dallas and wholesale customers require the customer to develop a water conservation plan that incorporates loss-reduction measures and demand management practices.

Conservation Requirement

FY2014

Historically a DWU best management practice.

The rate structure for 97 percent of wholesale treated water customers based on demand and volume. The remaining three percent is charged at a flat volume rate.

Wholesale Customer Water Rates

Water Conservation Wholesale Water Supply Contracts

FY2001

DWU has a conservation-oriented rate structure for customers whereby rates increase as consumption increases by classified increments.

Continuing Process

Pending

Continuing Program

Increase Block Rate Structure

Non-promotional Water Rate Structure

DWU is currently developing a program to offer rebates for residential irrigations system upgrades, subject to City Council approval.

Residential Irrigation System Incentives FY2014

Rebates available to ICI customers for conservation projects. Two customers have been identified FY2010 as potential recipients to date. Others continue through the required preliminary free audit process.

Planned Rebate and Incentive Measures

ICI Rebate Program

New Rebate and Incentive Measures Since 2010 Plan Update

DWU segregates customers into the following user classes: Residential, General Services, Optional Services and Municipal.

The city amended its ordinances in 2001 to prohibit water waste from lawn and landscape irrigation and to require all automatic irrigation systems have a rain and freeze sensor installed. In April of FY2002 2012, a maximum of twice-weekly watering schedule for lawns and landscapes was added to the city's ordinances.

Dallas has received a State water right permit for the return flows from its wastewater treatment plants as well as the treatment plants of other entities.

Continuing Practice

DWU conducts surveys at the conclusion of each year's public awareness campaign to evaluate and FY2002 improve the effectiveness of the campaign. Results are analyzed and used in planning for subsequent years.

Quantified Marketing Analysis

Page 4 of 4

Continuing Practice

FY2010

DWU staff measures the effectiveness of its water conservation programs on an ongoing basis. DWU will submit an Annual Report to the TCEQ as required by 30 TAC Chapter 288.

Work In Progress

Continuing Practice

Annual Report on Water Conservation Activities

Method to Monitor the Effectiveness of the Plan

Permit

Return Flow Permit

DWU and North Texas Municipal Water District (NTMWD) have mutually agreed to an exchange of recycled water.

Indirect Reuse

Work In Progress

DWU provides recycled water from the Central WWTP to the Dallas Zoo, Cedar Crest and Stevens Park golf courses for irrigation. DWU plans to add additional customers on this line the future for FY2000 non-potable applications. DWU also plans to develop the White Rock Pipeline Alternative to provide recycled water for non-potable applications.

Direct Reuse

Waste Water Reuse and Recycling

DWU Water and Wastewater Ordinances

Water Waste Prohibition

Continuing Practice

Historically a DWU best management practice.

Effective October 12, 2013, the city amended its construction code by adopting the 2012 Edition of Amendment of City Plumbing Code the International Green Building Construction Code of the International Code Council which requires FY2014 water efficiency standards for new residential and commercial properties.

Plumbing Code Ordinances

DWU Customer Classes

Desegregation of Water Sales Customer Class

City of Dallas Drought Contingency Plan

Dallas Water Utilities 1500 Marilla, Room 4AN Dallas, Texas 75201

TABLE OF CONTENTS SECTION I DECLARATION OF POLICY, PURPOSE, AND INTENT ........................................................................................1 SECTION II PUBLIC INVOLVEMENT....................................................................................................................................1 SECTION III PUBLIC EDUCATION ........................................................................................................................................2 SECTION IV COORDINATION WITH REGIONAL WATER PLANNING GROUPS ......................................................................3 SECTION V AUTHORIZATION .............................................................................................................................................3 SECTION VI APPLICATION...................................................................................................................................................3 SECTION VII DEFINITIONS ....................................................................................................................................................3 SECTION VIII TRIGGERING CRITERIA & RATIONALE FOR INITIATION & TERMINATION OF STAGES....................................6 SECTION IX DROUGHT RESPONSE STAGES .........................................................................................................................9 SECTION X ENFORCEMENT ..............................................................................................................................................16 SECTION XI VARIANCES ...................................................................................................................................................17 SECTION XII WHOLESALE WATER CONTRACTS ................................................................................................................18 SECTION XIII SEVERABILITY ...............................................................................................................................................18 SECTION XIV REVIEW AND UPDATE OF THE DROUGHT CONTINGENCY PLAN ...................................................................18 APPENDIX A...... CITY COUNCIL RESOLUTION ADOPTING THE DROUGHT CONTINGENCY PLAN APPENDIX B ...... TAC, TITLE 30, CHAPTER 288, SUBCHAPTER B

APPENDIX C..... TRANSMITTAL LETTER TO THE REGIONAL PLANNING GROUP APPENDIX D..... DALLAS CITY CODE, CHAPTER 49, SECTION 49-20, EMERGENCY AUTHORITY APPENDIX E ...... DALLAS CITY CODE, CHAPTER 49, SECTION 49-21.1, LAWN & LANDSCAPE IRRIGATION City of Dallas Drought Contingency Plan

DROUGHT CONTINGENCY PLAN FOR THE CITY OF DALLAS WATER UTILITIES SECTION I Declaration of Policy, Purpose, and Intent This Drought Contingency Plan describes the conditions that require short-term water demand management in the City of Dallas and establishes policies and procedures that offer strategies for a timely and effective response. In general, such a response would be needed when water use in the area served by Dallas Water Utilities (DWU) approaches the system’s supply, treatment, or delivery capacity. Examples include drought conditions, unusually high water demands, unforeseen equipment or system failure, or contamination of a water supply source. In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the Dallas City Council adopted the following Drought Contingency Plan (the Plan). The City Council resolution adopting the plan is presented in Appendix A. The strategies offered in the Plan are based on current projected water availability. It should be noted that the effectiveness of the Plan is impacted by the availability and allocation of the raw water supply during drought conditions and the level of customer compliance with the strategies offered in the Plan. The raw water supply availability is dependent upon the draw by current and future users of the raw water in the reservoirs. These factors are dynamic and, if circumstances warrant, modifications to the strategies offered in the Plan may be necessary. Therefore, this plan (as approved by the City Council) gives the Director the authority to modify the strategies in the Plan as conditions warrant. Water uses regulated or prohibited under this Drought Contingency Plan are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply conditions is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section X of this Plan. This Drought Contingency Plan meets Texas Commission on Environmental Quality (TCEQ) rules of development and minimum requirements for the drought contingency plans for municipal water suppliers and wholesale water suppliers contained in Texas Administrative Code (TAC) Title 30, Part 1, Chapter 288, Subchapter B, Rules 288.20 and 288.22, respectively. Refer to Appendix B for the TAC, Title 30, Chapter 288, Subchapter B. SECTION II Public Involvement Opportunity for the public and the wholesale water customers to provide input into the preparation of the Plan was provided by the City of Dallas by means of: Providing written public notice that a drought contingency plan is being prepared.

City of Dallas Drought Contingency Plan

Notifying all wholesale customers of the proposed plan. Providing a copy of the draft version of this plan to any person who requested it. Convening a public meeting to accept input on the Plan. The valuable contributions of the participants helped to create a Drought Contingency Plan that is fair and equitable to all of the residents of Dallas and its wholesale customer cities. SECTION III Public Education The City of Dallas will periodically provide the public with bilingual information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of, but not limited to, an appropriate combination of the following items: Public service announcements on Dallas cable access, radio and television Newspaper and magazine articles and announcements Interviews on radio and television programs Press releases, media alerts and social media Billboards Water Conservation/Drought Contingency hotline Water Conservation/Drought Contingency Website Email and telephone notifications to customers Mailed water bill inserts Distribution of fact sheets, brochures, and pamphlets Mass mailings of notification letters DWU customer service representatives Public meetings and hearings Public education seminars Stakeholder Advisory Committee meetings Commercial, industrial and institutional employee education seminars Effective communication will be maintained with all wholesale water customers or entities through semi-annual wholesale water customer meetings and mailings.

City of Dallas Drought Contingency Plan

SECTION IV Coordination with Regional Water Planning Groups The service area of Dallas Water Utilities is located within Region C Regional Water Planning Area, and the City of Dallas will provide a copy of this Plan to the Region C Water Planning Group. Refer to Appendix C for a copy of the transmittal letter to the Regional Planning Group. SECTION V Authorization The City Manager, or his/her designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The authority to implement and enforce the Drought Contingency Plan is established in the Dallas City Code, Chapter 49, Water and Wastewater, Section 49-20, EMERGENCY AUTHORITY available in Appendix D. SECTION VI Application The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City of Dallas. The terms “person” and “customer” as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. SECTION VII Definitions For the purposes of this Plan, the following definitions shall apply: (1) Aesthetic water use: water use for ornamental or decorative purposes, including but not limited to fountains, reflecting pools, and water gardens. (2) Allowed watering hours: as established in the Dallas City Code, Chapter 49, Water and Wastewater, Section 49-21 (3) Automatic Irrigation System: means a site-specific system of delivering water, generally for landscape irrigation, via a system of pipes or other conduits installed below ground that will automatically cycle water using landscape sprinklers according to a preset program, whether on a designated timer or through manual operation. (4) Aquatic Life: a vertebrate organism dependent upon an aquatic environment to sustain its life. (5) City Manager: The City Manager for the City of Dallas. (6) Commercial water use: the use of water by a place of business such as retail establishments, hotels and motels, restaurants, and office buildings. City of Dallas Drought Contingency Plan

(7) Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. (8) Contamination: a naturally occurring or man-made element which compromises the safety of the water supply. (9) Customer: any person, company, entity or organization using water supplied by the City of Dallas. (10) Delivery capacity: refers to the maximum amount of water that can be delivered to customers when considering the limitation of the system components such as sources, treatment, storage, transmission, or distribution, individually and in combination with each other when operating at their designed capacity. (11) The Director: Department Director for City of Dallas Water Utilities. (12) Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. (13) Drip Irrigation: micro irrigation with low volume and low pressure release of water through point source emitters or pressure compensating in-line drip emitters. (14) Drought Contingency Plan: a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. This document is the Drought Contingency Plan for the City of Dallas. (15) Even number address: street addresses (e.g. 120 Magnolia St.), box numbers, or rural postal route numbers (e.g. RR 2 Box 9802) ending in 0, 2, 4, 6, or 8 and locations without addresses. (16) Foundation Watering: the application of water using a hand-held hose, soaker hose or drip irrigation system placed within 24 inches of the foundation, which does not produce a spray above ground or result in water run-off. (17) Golf Course: a commercial or governmental property made up of greens, tees, fairways and related areas which are irrigated and landscaped for the purposes of playing golf (18) Hand watering â&#x20AC;&#x201C; The application of water for irrigation purposes through a hand-held water hose, watering can or bucket. (19) Hose-end Sprinkler: a device through which water flows from a hose to a sprinkler to water any lawn or landscape. (20) Industrial water use: the use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value.

City of Dallas Drought Contingency Plan

(21) Institutional use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. (22) Interruptible Customer: a customer with an interruptible service contract, as established in the Dallas City Code, Chapter 49, Water and Wastewater, Section 49-1. (23) Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. (24) Non-essential water use: water uses that are not essential or required for the protection of public, health, safety, and welfare, including: a.

irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan;

use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;

use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;

use of water to wash down buildings or structures for purposes other than immediate fire protection;

flushing street gutters or permitting water to run or accumulate in any gutter or street;

use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, hot tubs or Jacuzzi-type pools;

use of water in a human made water feature, including but not limited to a fountain or pond for aesthetic or scenic purposes except as necessary to support aquatic life;

failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and

use of water from hydrants for construction purposes or any other purposes other than firefighting and flushing of lines to maintain a potable water supply.

(25) Non-Potable Water: water that is not intended or suitable for drinking and has not been approved for human consumption. (26) Ornamental Fountain: an artificially created structure from which a jet, stream, valves and emission devices or flow of water emanates and is not typically utilized for the preservation of aquatic life. (27) Odd Numbered Address: street addresses (e.g. 121 Magnolia St.), box numbers, or rural postal route numbers (e.g. RR 2 Box 9803) ending in 1, 3, 5, 7, or 9. (28) Potable Water: water that is suitable for drinking by the public. (29) Recreational Water Use: water used for leisure and entertainment purposes. Examples City of Dallas Drought Contingency Plan

include but are not limited to swimming pools, Jacuzzi-type pools, water theme parks, wading pools and water toys. (30) Reduced Delivery Capacity: refers to the maximum amount of water that can be delivered to customers when considering reductions of delivery capacity based on scheduled shutdowns of infrastructure and/or unforeseen shutdowns of infrastructure, such as line breaks, equipment failure, etc. (31) Retail Customers: non-wholesale customers. (32) Run-off: a stream of water which overflows from a lawn or landscape onto a street, sidewalk, parking lot or other impervious area for a distance of more than 50 feet; or forms a puddle or pond to a depth greater than one-quarter of an inch. (33) Soaker Hose: a permeable garden-type hose that is laid above ground that provides irrigation at a slow and constant rate. (34) Swimming Pool: a structure that is used for swimming, bathing, or water play, including all equipment and appurtenant facilities. (35) TCEQ: The Texas Commission of Environmental Quality (36) Vehicle Wash Facility: a permanently-located business that washes vehicles or other mobile equipment with water or water-based products, including but not limited to selfservice car washes, full service car washes, roll-over/in-bay style car washes, and facilities managing vehicle fleets or vehicle inventory. (37) Wholesale Treated Water Customer: any water supplier that receives all or a portion of its treated water supply directly or indirectly from DWU. (38) Untreated water customer: any person, company, organization or water supplier buying non-potable water from DWU. SECTION VIII Triggering Criteria and Rationale for Initiation & Termination of Drought Response Stages The Director or his/her designee shall monitor water supply and/or demand conditions, at a minimum, on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified “triggers” are reached. The Director reserves the authority to recommend that a Stage be or not be initiated based on: weather conditions; total water supply availability; rate of water supply decline or replenishment; or anticipation of change in water supply/treatment/distribution capacity. Upon recommendation of the Director, the City Manager may upgrade or downgrade a stage when the conditions triggering that stage occur. Retail customer notification of the initiation or

City of Dallas Drought Contingency Plan

termination of drought response stages will be made by the Director or his/her designee, , as established in the Dallas City Code, Chapter 49, Water and Wastewater, Section 49-20, EMERGENCY AUTHORITY available in Appendix D. Wholesale water customer notification of the initiation or termination of drought response stages will be made by the Director or his/her designee directly by fax, mail, email or telephone, followed up by certified mail. Additional Notification: The Director or his/ her designee shall notify directly, or cause to be notified directly by fax, mail, email or telephone, the following individuals and entities as appropriate to the respective drought stages: A.

Mayor and members of the City Council

City and/or County Emergency Management Coordinator(s)

County Judge & Commissioner(s)

State Disaster District / Department of Public Safety

Executive Director of the TCEQ (required within five (5) business days of the implementation of any mandatory restrictions)

Critical water users (e.g., hospitals)

Parks/street superintendents & public facilities managers

The triggering criteria described below are based on the ability of the City to deliver treated water to the customers. Modeling of the reservoir system shows how supplies would be diminished during a drought equal to the drought of record. To set trigger conditions, DWU also examined water demand and the system’s delivery capacity. The trigger levels were selected to provide a sufficient time delay between each stage to implement measures that correspond with the severity of the capacity shortfall. The trigger conditions for short-term deficiencies limiting water supply capability are based on how much water supply or delivery capacity remains available relative to water demand, for all or part of the system. Stage 1 Triggers A.

Requirements for Initiation: Customers shall be requested to adhere to voluntary measures and shall be required to comply with the requirements and mandatory restrictions on certain non-essential water uses provided in Section IX of this Plan when: Either: (1) the total raw water supply in connected lakes (east and west); or, (2) the western lakes; or, (3) the eastern lakes has dropped below 65% (35% depleted) of DWU’s share of the total conservation storage of the lakes;; or Water demand has reached or exceeded 85% of delivery capacity for 4 consecutive days; or Water demand approaches a reduced delivery capacity for all or part of the system, as determined by DWU; or

City of Dallas Drought Contingency Plan

Water line breaks or pump or system failures, which impact the ability of DWU to provide treated water service; or Natural or man-made contamination of the water supply source(s) occurs. B.

Requirements for Termination: Stage 1 may be terminated when Stage 1 conditions no longer exist and would be unlikely to recur upon termination.

Stage 2 Triggers A.

Requirements for Initiation: Customers shall be requested to adhere to voluntary measures and shall be required to comply with the requirements and mandatory restrictions on certain non-essential water uses provided in Section IX of this Plan when: Either: (1) the total raw water supply in connected lakes (east and west); or, (2) the western lakes; or, (3) the eastern lakes has dropped below 50% (50% depleted) of DWU’s share of the total conservation storage of the lakes;; or Water demand has reached or exceeded 90% of delivery capacity for 3 consecutive days; or Water demand equals a reduced delivery capacity for all or part of the system, as determined by DWU; or Water line breaks or pump or system failures occur, which impact the ability of DWU to provide treated water service; or Natural or man-made contamination of the water supply source(s) occurs.

Requirements for Termination Stage 2 may be terminated when Stage 2 conditions no longer exist and would be unlikely to recur upon termination.

Stage 3 Triggers A.

Requirements for Initiation Customers shall be required to comply with the requirements and mandatory restrictions on certain non-essential water uses provided in Section IX of this Plan when: Either (1) the total raw water supply in connected lakes (east and west) or (2) the western lakes or (3) the eastern lakes has dropped below 30% (70% depleted) of DWU’s share of the total conservation storage;; or Water demand has reached or exceeded 95% of delivery capacity for 2 consecutive days; or Water demand exceeds a reduced delivery capacity for all or part of the system, as determined by DWU; or

City of Dallas Drought Contingency Plan

Water line breaks or pump or system failures occur, which impact the ability of DWU to provide treated water service; or Natural or man-made contamination of the water supply source(s) occurs B.

Requirements for Termination Stage 3 of the Plan may be terminated when the Stage 3 conditions no longer exist and would be unlikely to recur upon termination. SECTION IX Drought Response Stages

The Director, or his/her designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section VIII of this Plan, shall determine if conditions exist that would trigger any of the designated drought stages, and if so, shall implement the following actions: Stage 1 Response Target: Achieve a 5 percent reduction in total gallons per capita per day (GPCD). Water Use Restrictions for Demand Reduction: Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the Director of DWU. The Director may also take other actions not listed, if deemed necessary. All Water Users Landscape Uses: A.

All water customers are reminded to observe all requirements of the Water Conservation Ordinance, as established in the Dallas City Code, Chapter 49, Water and Wastewater, Section 49-21, which includes a mandatory maximum 2-days-per-week landscape watering schedule and require watering only during allowed watering hours as defined in Section VII. Irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems is limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses and limited to Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Apartments, office building complexes or other properties containing multiple addresses may be identified by the lowest address number.

Encourage reduction of water use through voluntary maximum 1-day-per-week landscape watering schedule.

Discourage planting of new landscapes, including lawns, hydro-seeding and sod.

Swimming Pools and Other Recreational Uses: A.

Encourage reduction in frequency in draining and refilling of swimming pools.

City of Dallas Drought Contingency Plan

Prohibit recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water.

Foundations: Foundations may be watered on any day of the week and at any time. Foundations may be watered with a drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle. Vehicle Washing: Restrict washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial vehicle wash facility or commercial service station. Companies with an automated on-site vehicle washing facility may wash vehicles at any time. City Government: A.

Initiate public education campaign teaching and encouraging reduced water use practices.

Intensify normal leak detection and repair activities on water pipes and mains.

Require reduction of water use through mandatory maximum twice weekly landscape watering schedule for city parks and golf courses.

Encourage reduction of water use in city-owned ornamental fountains.

Encourage additional reduction in landscape uses for parks.

Encourage 25 percent reduction in frequency of wet street sweeping and city vehicle washing and rinsing.

Increase enforcement efforts through proactive code enforcement.

Commercial Customers: A.

Identify and encourage voluntary reduction measures by high-volume water users through water use audits.

Require reduction of water use through mandatory maximum twice weekly landscape watering schedule for private parks and golf courses.

Encourage additional reduction in landscape uses for parks.

Encourage reduction in water use for landscape nursery stock.

Encourage area restaurants to serve customers water by request only.

Encourage hotel/motels to request multiple day patrons to reuse linens instead of changing every day.

City of Dallas Drought Contingency Plan

Wholesale Untreated Water Customers: Require implementation of like procedures by wholesale water customers in accordance with their water contracts, state mandated drought and conservation plans, State law and TCEQ regulations. Wholesale Water Customer: Require implementation of like procedures by wholesale water customers in accordance with their water contracts, state mandated drought and conservation plans, state law and TCEQ regulations. Interruptible Water Customers: Reduce usage for interruptible customers per contract terms. Stage 2 Response Target: Achieve a 15 percent reduction in total gallons per capita per day (GPCD). Water Use Restrictions for Demand Reduction: Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the Director of DWU. The Director may also take other actions not listed, if deemed necessary. All requirements of Stage 1 shall remain in effect during Stage 2, and the following additional measures will be required: All Water Users: Landscape Uses: A.

All water customers are reminded to observe all requirements of the Water Conservation Ordinance, as established in the Dallas City Code, Chapter 49, Water and Wastewater, Section 49-21. Additionally, require reduction of water use through mandatory maximum 1-day-per-week landscape watering schedule and require watering only during allowed watering hours as defined in Section VII. Irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems will be limited to trash pick-up days for residential customers and Wednesdays for commercial customers. Strongly discourage planting of new landscapes, including lawns, hydro-seeding and sod.

Swimming Pools and Other Recreational Uses: A.

Encourage further reduction in frequency in draining and refilling of swimming pools.

Continue to prohibit recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water.

Vehicle Washing: Restrict washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial vehicle wash facility or commercial service station. Companies with an automated on-site vehicle washing facility may wash vehicles at any time. High Demand Surcharge: A.

Residential Customers A 25 percent rate increase for high water demand users (greater than 15,000 gallons per month per account) shall be initiated to discourage non-essential use.

Commercial Customers A 25 percent rate increase for high water demand users (greater than 10,000 gallons and 1.4 times annual average monthly usage per account) shall be initiated to discourage non-essential use.

City Government: A.

Initiate engineering studies to evaluate alternatives to mitigate drought conditions should conditions worsen.

Accelerate public education campaign teaching and encouraging reduced water use practices.

Continue intensified leak detection and repair activities on water pipes and mains.

Prohibit flushing of new mains not immediately required to provide service.

City government restricted to mandatory maximum once weekly landscape watering schedule.

Require reduction of water use through mandatory once weekly landscape watering schedule for city parks and golf courses.

Prohibit operation of city-owned ornamental fountains and water features.

Reduce frequency of wet street sweeping and city vehicle washing or rinsing by 50 percent.

Increase enforcement efforts through proactive code enforcement.

Commercial Customers: Require reduction of water use through mandatory maximum once weekly landscape watering schedule for private parks and golf courses. Wholesale Water Customer Require water demand reductions in accordance with contract obligations for wholesale water customers. City of Dallas Drought Contingency Plan

Wholesale Water Contracts: Every offer for a new wholesale contract shall be reviewed. An assessment of the current and future water delivery capacity of DWU for the contract terms will be performed to ensure the sustainability of DWU’s commitments to current customers. Stage 3 Response Target: Achieve a 20 percent reduction in total gallons per capita per day (GPCD). Water Use Restrictions for Reducing Demand: Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the Director of DWU. The Director may also take other actions not listed, if deemed necessary. All requirements of Stages 1 and 2 shall remain in effect during Stage 3, and the following additional measures will be required: All Water Users Landscape Uses: A.

Irrigation of turf, shrubs, perennials, annuals, ground covers and any other landscaped area by any method is absolutely prohibited. Trees may be irrigated with drip irrigation system, soaker hoses or with a hand-held hose one day per week on the Stage 2 watering schedule and within the permitted watering hours.

Installation of new landscapes or turf areas is prohibited.

Operation of any water feature, ornamental fountain or pond that uses potable water is prohibited except where supporting aquatic life or water quality.

Swimming Pools and Other Recreational Uses: A.

Prohibit the filling, draining and refilling of existing swimming pools, wading pools, Jacuzzi and hot tubs except to maintain structural integrity, proper operation and maintenance or alleviate a public safety risk. Existing pools may add water to replace losses from normal use and evaporation.

Permitting of new swimming pools, wading pools, water features, Jacuzzi and hot tubs is prohibited.

Continue to prohibit recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water.

Foundations: Foundations may be watered one day per week on the Stage 2 watering schedule within the permitted watering hours. Foundations may be watered with a drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle. Water run-off is absolutely prohibited. Vehicle washing: Use of water to wash any motor vehicle, motorbike, boat, trailer or other vehicle not

City of Dallas Drought Contingency Plan

occurring on the premises of a commercial vehicle wash facility or commercial service stations is prohibited. Companies with an automated on-site vehicle washing facility may wash its vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and commercial vehicles used to transport food and perishables. Impervious surface cleaning: Hosing and washing of paved areas, buildings, structures, windows or other surfaces is prohibited except by variance and performed by a professional service using high efficiency equipment. High Demand Surcharge: A.

Residential Customers A 50 percent rate increase for high water demand users (greater than 15,000 gallons per month per account) shall be initiated to discourage non-essential use.

Commercial Customers A 50 percent rate increase for high water demand users (greater than 10,000 gallons and 1.4 times annual average monthly usage per account) shall be initiated to discourage non-essential use.

New Service: No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect. City Government: A.

Wet street sweeping and city vehicle washing or rinsing is prohibited except for reasons of public health, safety and welfare.

Municipal landscape watering prohibited except golf courses (see below).

Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in Section VII; watering of other golf course areas and parks is prohibited.

Commercial Customers: Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in Section VII; watering of other golf course areas or parks is prohibited unless the golf course uses a water source other than that provided by the City of Dallas.

City of Dallas Drought Contingency Plan

Wholesale Water Contracts: No new wholesale contracts shall be entertained unless there is an emergency situation. Every offer for a new wholesale contract shall be reviewed. An assessment of the current and future water delivery capacity of DWU for the contract terms will be performed to ensure the sustainability of DWU’s commitments to current customers. Water Allocation Wholesale Water Customers- In the event that the triggering criteria specified in Section VIII of the Plan for Stage 3 have been met, the Director is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with the latest revision of Texas Water Code Section 11.039, which states: §11.039. Distribution of Water During Shortage: (a) If a shortage of water in a water supply not covered by a water conservation plan prepared in compliance with Texas Commission on Environmental Quality or Texas Water Development Board rules results from drought, accident, or other cause, the water to be distributed shall be divided among all customers pro rata, according to the amount each may be entitled to, so that preference is given to no one and everyone suffers alike. (b) If a shortage of water in a water supply covered by a water conservation plan prepared in compliance with Texas Commission on Environmental Quality or Texas Water Development Board rules results from drought, accident, or other cause, the person, association of persons, or corporation owning or controlling the water shall divide the water to be distributed among all customers pro rata, according to: the amount of water to which each customer may be entitled; or the amount of water to which each customer may be entitled, less the amount of water the customer would have saved if the customer had operated its water system in compliance with the water conservation plan. (c) Nothing in Subsection (a) or (b) precludes the person, association of persons, or corporation owning or controlling the water from supplying water to a person who has a prior vested right to the water under the laws of this state. DWU may curtail water deliveries or reduce diversions in accordance with the terms and conditions of its wholesale water supply contracts. If necessary, or if specific contract provisions are not provided for, DWU may curtail water deliveries or reduce diversions in accordance with Texas Water Code Section 11.039. DWU will have authority to restrict flow to its wholesale water customers through the rate-of-flow controllers. Pro rata water allocations, determined as a percentage reduction of the wholesale customer’s water usage, will be established by the Director at the time of implementation. The total volume reduction for each wholesale customer will be calculated on a monthly basis, based on average water usage for the previous three years. The Director will establish the percentage reduction based on an assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries, and the percentage reduction may be adjusted periodically by the

City of Dallas Drought Contingency Plan

Director. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale water customer will be limited to the allocation established for each month. SECTION X Enforcement No person shall knowingly or intentionally allow the use of water from the City of Dallas for residential, commercial, industrial, agricultural, governmental, or any other purposes in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the Director, or his/her designee, in accordance with provisions of this Plan. Fines and Fees Any person who violates this Plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $250 and not more than $2,000. Violations of this Plan may also be enforced as an administrative offense using the alternative administrative adjudication procedure set forth in the City of Dallas Code of Ordinances, as amended. Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is convicted of two or more distinct violations of this Plan, upon due notice to the customer, DWU may: (1) install a flow restrictor in the line to limit the amount of water that will pass through the meter in a 24-hour period; or (2) discontinue water served to the premises. Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at an amount not to exceed $135.00 (or as adjusted by City ordinance), and any other costs incurred by the Dallas Water Utilities in discontinuing service. In addition, suitable assurance must be given to the Director that the same action will not be repeated while the Plan is in effect. Compliance with this Plan may also be sought through injunctive relief in the district court. Violators Any person, including a person classified as a water customer of the Dallas Water Utilities, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation. Enforcement Officers Any employee of the Dallas Water Utilities, police officer, or other employee designated by the City Manager, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and

City of Dallas Drought Contingency Plan

address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 15 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this Plan. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases. SECTION XI Variances The Director, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, safety or welfare for the public or the person requesting such variance and if all of the following conditions are met: Granting of a variance must not cause an immediate significant reduction in the city’s water supply. The health, safety, or welfare of other persons will not be adversely affected by granting of the variance. The applicant must demonstrate that the extreme hardship or need is related to the health, safety, or welfare of the person requesting it. Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. Alternative methods can be implemented which will achieve the same level of reduction in water use. All variances are only in effect during the Drought Plan Stage for which the variance was issued. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the Director of Dallas Water Utilities. All petitions for variances shall be reviewed by the Director, or his/her designee, and shall include the following: Name and address of the petitioner(s). Purpose of water use. Specific provision(s) of the Plan from which the petitioner is requesting relief. Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Plan.

City of Dallas Drought Contingency Plan

Description of the relief requested. Period of time for which the variance is sought. Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. Other pertinent information. Variances granted by the City of Dallas shall be subject to the following conditions, unless waived or modified by the City of Dallas or its designee: Variances granted shall include a timetable for compliance. Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. The Director may revoke a variance granted when the Director determines that the conditions are not being met or are no longer applicable. SECTION XII Wholesale Water Contracts Every wholesale water contract, (treated and untreated water) entered into or renewed after the adoption of this Plan, including any contract extensions, will contain language notifying parties to the contract, that in a case of shortage of water resulting from a drought, the water to be distributed shall be divided in accordance with Texas Water Code Section 11.039. SECTION XIII Severability It is hereby declared to be the intention of the City of Dallas that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would have been enacted by the City of Dallas without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION XIV Review and Update of the Drought Contingency Plan DWU will review and update the Plan consistent with State law requirements. If the plan is implemented during a water shortage, data obtained during the plan implementation will be used to make any necessary modifications to the plan. Additionally, the plan will be updated as appropriate based on new or updated information regarding the system’s delivery capacity.

City of Dallas Drought Contingency Plan

APPENDIX A Documentation of Adoption of the Drought Contingency Plan by the Dallas City Council

APPENDIX B Title 30 Chapter 288, Subchapter B of Texas Administrative Code

APPENDIX C Transmittal Letter to the Regional Planning Group

APPENDIX D Dallas City Code, Chapter 49, Water and Wastewater Section 49-20, Emergency Authority

APPENDIX E Dallas City Code, Chapter 49, Water and Wastewater Section 49-21.1 Lawn & Landscape Irrigation

AGENDA ITEM # 57 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

22 H 23 E J N S ________________________________________________________________

SUBJECT Authorize an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation, for the construction of water and wastewater main relocations and appurtenance adjustments in Harry Hines Boulevard (LP 354) from Manana Drive to Royal Lane - Not to exceed $157,000 - Financing: Water Utilities Capital Construction Funds ($26,403) and Water Utilities Capital Improvement Funds ($130,597) BACKGROUND This item consists of the construction of approximately 200 feet of 12-inch water main, 320 feet of 8-inch wastewater main, and routine water and wastewater appurtenance adjustments in conjunction with pedestrian improvements by the Texas Department of Transportation (TxDOT) in Harry Hines Boulevard (LP 354) from Manana Drive to Royal Lane. The Dallas County Public Works Department has administered the design of the pedestrian improvements and the Water Utilities Department's (DWU) water and wastewater main relocations. TxDOT will administer the project during construction and has agreed to incorporate DWU's water and wastewater main relocations and appurtenance adjustments into their construction contracts. Under the Advance Funding Agreement with the State of Texas, acting through TxDOT, DWU will provide the funding and construction inspection services for the water and wastewater main relocations and appurtenance adjustments. TxDOT will be responsible for administering the construction of the water and wastewater main relocations and appurtenance adjustments. TxDOT is scheduled to advertise the construction of the project in May 2014. ESTIMATED SCHEDULE OF PROJECT Begin Construction Complete Construction

June 2014 September 2014

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

This item has no prior action. FISCAL INFORMATION $ 26,402.93 - Water Utilities Capital Construction Funds $130,597.07 - Water Utilities Capital Improvement Funds MAP Attached

Agenda Date 02/26/2014 - page 2

ROYAL GABLE DR

SE R BAY OAKS D

BROCKBANK DR

MORRISON LN

ALTMAN DR

Council District 13 PENSIVE DR

O YM

PL A

ABLES LN

WALNUT HILL LN

NEWCASTLE DR

DARVANY DR

REWARD LN

KINKAID DR

MONROE DR

SHADY TRL

ANODE LN

BLVD

MANANA DR

Mapsco: 22H, 23E, 23J, 23N, & 23S

S HINE

ANDJON DR

LOCKMOOR LN

CONGRESSMAN LN

Y HARR

ELECTRONIC LN

LADYBIRD LN

S PERTH

WEBB CHAPEL RD

ROTAN LN

DALE CREST DR

DUNDEE DR

GOODYEAR DR

ZODIAC LN

ALLEGHENY DR

ABLES LN

COMPOSITE DR

D REST

ACRD

STEMMONS FWY

GEMINI LN

SHADY TRL

REEDER RD

EMERALD ST STEMMONS SERV STEMMONS FWY MALIBU DR

C DALE

S STEMMON

GOODNIGHT LN

WALNUT RIDGE ST

MERRELL RD

LVD

ARBUCKLE CT

CARRIZO LN

Council District 6

DR TON DEN

E HIN RY

SOUTHWELL RD

VIRGO LN

GLENDA LN

MERRELL RD

FLOWERDALE LN

FABENS RD

GLENDA LN

ROYAL LN ROYAL LN

L LEO

JOE FIELD RD

R HA

GOODNIGHT LN

LEAHY DR

PARK LN VALLEY MEADOW

LN BLYSTONE

Council District: 6

11 10

13 6

9 2 14 7 1 3

4 8

Water Utilities Department Contract No. 14-113/114F Water and Wastewater Main Relocations and Adjustments in Harry Hines Boulevard (LP 354) from Manana Drive to Royal Lane

1 of 1

COUNCIL CHAMBER

February 26, 2014 WHEREAS, the Texas Department of Transportation (TxDOT) plans for construction of water and wastewater main relocations and appurtenance adjustments in Harry Hines Boulevard (LP 354) from Manana Drive to Royal Lane; and, WHEREAS, TxDOT has agreed to incorporate the Water Utilities Department's (DWU) water and wastewater main relocations and appurtenance adjustments in Harry Hines Boulevard (LP 354) from Manana Drive to Royal Lane into their contract; and, WHEREAS, TxDOT has submitted an acceptable Advance Funding Agreement that incorporates DWU's relocations and adjustments in advance of paving into the Stateâ&#x20AC;&#x2122;s construction plans; and, WHEREAS, under the Advance Funding Agreement with the State of Texas, acting through TxDOT, DWU will provide funding, construction inspection services, and approval of any design changes for the water and wastewater main relocations and adjustments; and, WHEREAS, the Advance Funding Agreement will allow the State to proceed with the advertisement, award of the construction contract, and provide contract administration. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to enter into an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation, for construction of water and wastewater main relocations and appurtenance adjustments in Harry Hines Boulevard (LP 354) from Manana Drive to Royal Lane, after approval of the contract documents by the City Attorney. Section 2. That the City Controller is hereby authorized to pay the amount of $157,000.00 from the Water Capital Improvement Fund, Water Construction Fund, Wastewater Capital Improvement Fund, and Wastewater Construction Fund as follows: FUND DEPT UNIT ACT OBJ PRO 0115 DWU PW42 RELP 4550 714113

REP ENCUMBRANCE VENDOR W3JI CTDWU714113CP 020318

Texas Department of Transportation - (Contract No. 14-113F) - $60,548.29 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0102 DWU CW42 RELP 3221 714113X W3JI CTDWU714113EN 020318 Texas Department of Transportation - (Contract No. 14-113F) - $13,077.01

COUNCIL CHAMBER

February 26, 2014 FUND DEPT UNIT ACT OBJ PRO 0116 DWU PS42 RELP 4560 714114

REP ENCUMBRANCE VENDOR T2UY CTDWU714114CP 020318

Texas Department of Transportation - (Contract No. 14-114F) - $70,048.78 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0103 DWU CS42 RELP 3222 714114X T2UY CTDWU714114EN 020318 Texas Department of Transportation - (Contract No. 14-114F) - $13,325.92 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 58 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Water Utilities Park & Recreation

CMO:

Forest E. Turner, 670-3390 Willis Winters, 670-4071

MAPSCO:

37 B ________________________________________________________________

SUBJECT Authorize an amendment to Resolution No. 12-2278 to change the scope of the contract with Archer Western Construction, LLC for (1) additional and deductive work associated with the rehabilitation of the Carrollton, California Crossing, and Frasier Dams; and (2) authorize payment for emergency repairs to the shoreline at White Rock Lake near Mockingbird Lane - Financing: This action has no cost consideration to the City BACKGROUND This item is to approve additional and deductive work at the Carrollton, California Crossing, and Frasier Dams (Elm Fork Dams) Rehabilitation project and emergency repairs to the northern shore of White Rock Lake at an area known as Mockingbird Peninsula. This constitutes a zero dollar change order with the addition of Parks and Recreation Department (PARD) funding and equivalent reduction of Dallas Water Utilities (DWU) funding as approved in the original contract award amount. As part of the Elm Fork Dams project, DWU received credit for items not used in the contract and incurred charges for extra work performed by the contractor. This resulted in $82,878 of unused DWU funds. Through coordination efforts, PARD notified DWU of erosion issues at the White Rock Lake shoreline which presented safety issues to the public as well as potential damage to the trail system. The erosion had reached to the point where immediate action was necessary. A preliminary design was developed to repair the eroded areas which was estimated to be in excess of $100,000. Because of the similarity in work, equipment and expertise required for the erosion work, Archer Western agreed to perform the repairs at the White Rock location for $82,878 and all work was completed in January 2014. This cooperative and coordinated approach helped the City realize cost savings, avoid damage to the trail system, and eliminate a hazardous situation to the public.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Kellogg Brown & Root Services, Inc. to provide engineering services for the inspection of the Dallas Water Utilities hydraulic structures as required by the National Dam Safety Act on June 25, 2008, by Resolution No. 08-1831. Authorized Supplemental Agreement No. 1 to the professional services contract with Kellogg Brown & Root Services, Inc. for engineering services to address some of the recommendations of the Western Dam inspections and to comply with the Texas Commission on Environmental Quality regulations on August 25, 2010, by Resolution No. 10-2161. Authorized a contract with Archer Western Construction, LLC for the rehabilitation of the Carrollton, California Crossing, and Frasier Dams on September 12, 2012, by Resolution No. 12-2278. Authorized an increase in the contract with Archer Western Construction, LLC for additional work associated with the rehabilitation of the Carrollton, California Crossing, and Frasier Dams on October 8, 2013, by Resolution No. 13-1774. FISCAL INFORMATION This action has no cost consideration to the City Design Supplemental Agreement No. 1 Construction Contract Change Order No. 1 Change Order No. 2 (this action)

$ 997,709.00 $ 806,148.00 $3,646,050.00 $ 877,518.00 $ 0.00

Total Project Cost

$6,327,425.00

ETHNIC COMPOSITION Archer Western Construction, LLC Hispanic Female 7 Black Female 1 Other Female 0 White Female 19

Hispanic Male Black Male Other Male White Male

240 13 8 188

Agenda Date 02/26/2014 - page 2

OWNER Archer Western Construction, LLC Daniel P. Walsh, President MAP Attached

Agenda Date 02/26/2014 - page 3

ACRD

LN G

K CV ROC

Project Location N O N

SCOUT HILL DR

IR G B IN K

LN TR EE TW

ES W

EE TR

K O O BR RE G

HI L

TH CA

LA WT

LN D

LN K O O C

D IC

M O

WT LA

E BEN

IL L LH

M O

R CI CO VE NT BR E

Council District 9 PE

W ES

VD BL

O O

A CH

L DA

C C IR R

FI S

Mapsco: 37 B

ID M

Y UR B E

PE AV Y

G B

AC LAWTHER

C BU

LA WT

FO RR

WHI TE

LE H

BUCKNE R

IN LL W A

W AK

BUCKNER BLVD

R NO

T ES HW

11 10

13 6

9 2 14 7 1 3

Council District: 9

Water Utilities Department Contract No. 12-099, Change Order No. 2 Emergency Repairs to White Rock Lake Shoreline 1 of 1

COUNCIL CHAMBER

February 26, 2014 WHEREAS, on September 12, 2012, the City Council awarded Contract No. 12-099 in the amount of $3,646,050.00, by Resolution No. 12-2278, to Archer Western Construction, LLC, 2121 Avenue J, Suite 103, Arlington, Texas 76006, for the rehabilitation of the Carrollton, California Crossing, and Frasier Dams; and, WHEREAS, on October 8, 2013, the City Council awarded Change Order No. 1 in the amount of $877,518.00, by Resolution No. 13-1774 to Archer Western Construction, LLC, for additional work associated with the rehabilitation of the Carrollton, California Crossing, and Frasier Dams; and, WHEREAS, it is necessary to authorize Change Order No. 2 in order to make emergency repairs to the shoreline at White Rock Lake near Mockingbird Lane; and, WHEREAS, Change Order No. 2 will result in a no cost change order with a scope of work change, to perform comparable bank stabilization work at White Rock Lake to repair the two identified erosion areas; and, WHEREAS, Archer Western Construction, LLC, has agreed to perform this work within the bounds of their existing contract; and, WHEREAS, the City of Dallas and Archer Western Construction, LLC believe this Change Order No. 2 is in the best interest of both parties. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. Authorize an amendment to Resolution 12-2278 to change the scope in the contract with Archer Western Construction, LLC for (1) additional and deductive work associated with the rehabilitation of the Carrollton, California Crossing, and Frasier Dams and (2) emergency repairs to the shoreline at White Rock Lake near Mockingbird Lane - Financing: No additional cost consideration to the City. Section 2. That the City Controller is hereby authorized to disburse funds from the (2006) Park and Recreation Facilities Improvement Fund, Fund 9T00, Agency PKR, Unit T083, Object 4599, Activity ENVR, Program PK06T083.8, Encumbrance CTPKR14019436, Vendor 343436, in an amount not to exceed $82,878. Section 3. That the City Controller is hereby authorized to reduce previously appropriated Water Capital Improvement Funds by $82,878 from: FUND DEPT UNIT 2115 DWU PW10

ACT OBJ PRO REP ENCUMBRANCE VENDOR WTRS 4550 712099 W2YB CTDWU712099CP 343436

COUNCIL CHAMBER

February 26, 2014 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 59 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

All ________________________________________________________________

SUBJECT Authorize Supplemental Agreement No. 2 to the professional services contract with Westin Engineering, Inc. for additional services required for the completion of the Supervisory Control and Data Acquisition project at Dallas Water Utilitiesâ&#x20AC;&#x2122; White Rock Operations Control Center - Not to exceed $218,400, from $1,070,767 to $1,289,167 Financing: Water Utilities Capital Improvement Funds BACKGROUND The White Rock Supervisory Control and Data Acquisition (SCADA) system is used to remotely control and monitor all pumps, reservoir levels, elevated tank levels, rate-of-flow metering facilities, and pressure points in the water distribution system. The original contract with Westin Engineering, Inc. evaluated the existing White Rock SCADA system in order to report and provide recommendations for the replacement of the obsolete system that was installed in the early 1980s. Supplemental Agreement No. 1 included engineering services for replacing the current White Rock Operations Control Center's proprietary and obsolete SCADA system. The additional scope of work consisted of the development of a SCADA system communications network consistent with citywide needs, development of SCADA system performance specifications, procurement phase services, and construction phase services. This item, Supplemental Agreement No. 2, consists of additional engineering services necessary for the completion of the SCADA project. This included review of the Remote Terminal Units instrumentation upgrade and related Electrical Design Submittals, and additional services to facilitate coordination with AT&T and the CIS Department to ensure the SCADA network complies with the Department of Homeland Security's guidelines for critical infrastructure.

ESTIMATED SCHEDULE OF PROJECT Began Project Complete Project

February 2011 February 2014

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Westin Engineering, Inc. to evaluate the Supervisory Control and Data Acquisition system and prepare a design report with recommendations for a new system at the White Rock Control Building located at 2900 White Rock Road on August 10, 2005, by Resolution No. 05-2146. Authorized Supplemental Agreement No. 1 to the professional services contract with Westin Engineering, Inc. for development of Supervisory Control and Data Acquisition system performance specifications, development of Supervisory Control and Data Acquisition system communications network architecture, and construction services for upgrade of the White Rock Operations Control Center on June 25, 2008, by Resolution No. 08-1838. FISCAL INFORMATION $218,400.00 - Water Utilities Capital Improvement Funds Design Supplemental Agreement No. 1 Supplemental Agreement No. 2 (this action)

$ 299,379.00 $ 771,388.00 $ 218,400.00

Total Project Cost

$1,289,167.00

M/WBE INFORMATION See attached. ETHNIC COMPOSITION Westin Engineering, Inc. Hispanic Female Black Female Other Female White Female

0 0 0 0

Hispanic Male Black Male Other Male White Male

0 0 2 1

Agenda Date 02/26/2014 - page 2

OWNER Westin Engineering, Inc. Douglas J. Harp, President MAP Attached

Agenda Date 02/26/2014 - page 3

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize Supplemental Agreement No. 2 to the professional services contract with Westin Engineering, Inc. for additional services required for the completion of the Supervisory Control and Data Acquisition project at Dallas Water Utilitiesâ&#x20AC;&#x2122; White Rock Operations Control Center - Not to exceed $218,400, from $1,070,767 to $1,289,167 - Financing: Water Utilities Capital Improvement Funds Westin Engineering, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-consultant. PROJECT CATEGORY: Architecture & Engineering _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount

Percent

Local contracts Non-local contracts

$218,400.00 $0.00

100.00% 0.00%

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

TOTAL THIS ACTION

$218,400.00

100.00%

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

Certification

Triton Supply, Inc.

WFDB58714Y0914

Total Minority - Local

Amount

Percent

$56,400.00

25.82%

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

$56,400.00

25.82%

Non-Local Contractors / Sub-Contractors None TOTAL M/WBE PARTICIPATION This Action Amount Percent African American Hispanic American Asian American Native American WBE

$0.00 $0.00 $0.00 $0.00 $56,400.00

0.00% 0.00% 0.00% 0.00% 25.82%

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

Total

$56,400.00

Participation to Date Amount Percent $6,770.00 $50,500.00 $46,138.00 $0.00 $58,000.00

0.53% 3.92% 3.58% 0.00% 4.50%

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

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

25.82%

$161,408.00

12.52%

11 10 13

9 9

5 7

Water Utilities Department Contract No. 03-253E, Supplemental Agreement No. 2 White Rock SCADA System Replacement 1 of 1

COUNCIL CHAMBER

February 26, 2014 WHEREAS, on August 10, 2005, the City Council awarded Contract No. 03-253E in the amount of $299,379.00, by Resolution No. 05-2146 to Westin Engineering, Inc., to evaluate the Supervisory Control and Data Acquisition system and prepare a design report with recommendations for a new system at the White Rock Control Building located at 2900 White Rock Road; and, WHEREAS, on June 25, 2008, the City Council awarded Supplemental Agreement No. 1, in the amount of $771,388.00, by Resolution No. 08-1838, to Westin Engineering, Inc., for development of Supervisory Control and Data Acquisition system performance specifications, development of Supervisory Control and Data Acquisition system communications network architecture, and construction services for upgrade of the White Rock Operations Control Center; and, WHEREAS, additional construction phase services beyond those included in Supplemental Agreement No. 1 are needed to replace the existing White Rock Operations Control Center Supervisory Control and Data Acquisition system due to an extended construction schedule, increased project complexity, and the retirement of the Water Utilities Department project manager; and, WHEREAS, Westin Engineering, Inc., 1201 Main Street, Suite 2775, Dallas, Texas 75202, has submitted an acceptable proposal to provide these engineering services; and, WHEREAS, the Water Utilities Department recommends that Contract No. 03-253E be increased by $218,400.00, from $1,070,767.00 to $1,289,167.00. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the proposed Supplemental Agreement No. 2 be accepted and that Contract No. 03-253E with Westin Engineering, Inc., be revised accordingly. Section 2. That the City Manager is hereby authorized to execute the contract after it has been approved as to form by the City Attorney. Section 3. That the City Controller is hereby authorized to pay the amount of $218,400.00 from the Water Capital Improvement Fund as follows: FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0115 DWU PW40 MPSA 4111 703253 W3KA CTDWU703253EN 267972 Westin Engineering, Inc. - (Contract No. 03-253E) - $218,400.00

COUNCIL CHAMBER

KEY FOCUS AREA:

AGENDA ITEM # 61 Efficient, Effective and Economical Government

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Fair Housing Office of Management Services

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 671-9195 Jeanne Chipperfield, 670-7804

MAPSCO:

N/A ________________________________________________________________

SUBJECT Authorize (1) an amendment to the 2013-14 Fair Housing Assistance Program (FHAP) grant from the U.S. Department of Housing and Urban Development (HUD) to increase the grant for expansion of education and outreach to underrepresented and underserved communities within the City of Dallas; and (2) execution of the amended grant agreement - Not to exceed $40,000, from $356,889 to $396,889 - Financing: U.S. Department of Housing and Urban Development, Fair Housing Assistance Program Funds BACKGROUND On October 23, 2013, pursuant to Resolution No. 13-1827, the City Council authorized execution of a Cooperative Agreement with HUD and acceptance of the FHAP funds grant in the amount of $356,889 for Fiscal Year 2013-14. These funds are used for Fair Housing Office program marketing, education, advertisements, training, and professional development. Under this item, the Cooperative Agreement with HUD will be amended to increase the grant amount by $40,000 for expansion of education and outreach to underrepresented and underserved communities within the City of Dallas. In July of 2013, the Fair Housing Office applied to HUD for an additional grant of $40,000 pursuant to the City's goal to Affirmatively Further Fair Housing. The City was notified in December of 2013 that the grant application was successful. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 23, 2013, the City Council accepted a grant in the amount of $356,889 of Fair Housing Assistance Program Grant funds for FY 2013-14 from the U.S. Department of Housing and Urban Development by Resolution No. 13-1827.

FISCAL INFORMATION $40,000 - U.S. Department of Housing and Urban Development Grant Funds

Agenda Date 02/26/2014 - page 2

Schedule A Fair Housing Assistance Program (FHAP) Fund F406, Unit 1504 Object Code

Description

1101 3320 3330

Salary/Civilian Advertising Rents Program Totals

Funds

10,000 22,000 8,000 40,000

Program Total 10,000 22,000 8,000 $40,000

COUNCIL CHAMBER

February 26, 2014 WHEREAS, on October 23, 2013, pursuant to Resolution No. 13-1827, the City accepted a grant in the amount of $356,889 of Fair Housing Assistance Program funds for Fiscal Year 2013-14 from the U.S. Department of Housing and Urban Development (HUD) and authorized execution of the HUD Cooperative Agreement; and WHEREAS, HUD increased the amount of the funding for Fiscal Year 2013-14 by $40,000 for a total amount of $396,889, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to accept the amended increase to the Fair Housing Assistance Comprehensive Funding Approach Award (FHAP) funds for FY 2013-14 in the amount of $40,000 (See Attachment) and to execute any and all documents related to the CFDA 14.401 grant FF206K136005 amended award with the U.S. Department of Housing and Urban Development, subject to approval as to form by the City Attorney. Section 2. That the City Manager is hereby authorized to increase appropriations in the amount of $40,000 for a total of $396,889 in Fund F406, Department MGT, Unit 1504, and take actions to implement the 2013-14 FHAP Award. Section 3. That the City Controller is authorized to receive and deposit these funds in the amount of $40,000, in Fund F406, Department MGT, Unit 1504, Revenue Source 6506. Section 4. That the City Controller is authorized to disburse funds from Fund F406, Department MGT, Unit 1504, in an amount not to exceed $396,889 in accordance with the Cooperative Agreement. Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 62 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Trinity Watershed Management

CMO:

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

MAPSCO:

45 S ________________________________________________________________

SUBJECT Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from the County of Dallas, of an unimproved tract of land containing approximately 9,517 square feet located on South Riverfront Boulevard near its intersection with Old Zang Road for the Able Pump Station Project - Not to exceed $5,707 ($3,807 plus closing costs and title expenses not to exceed $1,900) â&#x20AC;&#x201C; Financing: 2006 Bond Funds BACKGROUND This item authorizes the acquisition of an unimproved tract of land containing approximately 9,517 square feet from the County of Dallas. This property is located on South Riverfront Boulevard near its intersection with Old Zang Road and will be used for the Able Pump Station Project. The consideration is based upon an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2006 Bond Funds - $5,707 ($3,807 plus closing costs and title expenses not to exceed $1,900) OWNER County of Dallas MAPS Attached

455

OMi

---

0.29 Mi

Scale 1 : 18 390

0.57 Mi

Area To Be Acquired!

COUNCIL CHAMBER

February 26, 2014 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATION FOR PUBLIC USE. DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: "CITY": The City of Dallas. “PROPERTY": Approximately 9,517 square feet of property located in Dallas County, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes. “PROJECT”: Able Pump Station Project “USE”: The construction, installation, use, and maintenance of the Able Pump Station, together with such appurtenant facilities as may be necessary. "PROPERTY INTEREST": Fee Simple "OWNER": County of Dallas, provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. "OFFER AMOUNT": $3,807.00 "CLOSING COSTS AND TITLE EXPENSES ": Not to exceed $1,900.00 "AUTHORIZED AMOUNT": $5,707.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT. SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY.

COUNCIL CHAMBER

February 26, 2014 SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Flood Protection and Storm Drainage Improvement Fund, Fund No. BT23, Department TWM, Unit T513, Activity FLDM, Program No. PB06T513, Object 4210, Encumbrance No. CT-PBW06T513E1. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY’S market value. SECTION 9. That OWNER has been provided with a copy of the Landowner’s Bill of Rights as required by Texas Property Code Section 21.0112. SECTION 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council.

COUNCIL CHAMBER

February 26. 2014 SECTION 11. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: WARREN M. S. ERNST, CITY ATTORNEY

ASSiStatcity Attorney

EXHIBIT A

Field Notes Describing a 9,517 Square Foot (0.218 Acre) Tract of Land in City Block 2/416 To Be Acquired from the County of Dallas Being a 9,517 Square Foot (0.218 Acre) tract of unplatted land lying in the City of Dallas, Dallas County, Texas, being a part of Block 2/416 (Official City of Dallas Block Numbers), and a part of the John Neely Bryan Survey, Abstract No. 149, and being a portion of the property conveyed to the County of Dallas by deed dated September 14, 1931 and recorded in Volume 1715, Page 11 of the Deed Records of Dallas County, Texas, and being all of the property owned by said County of Dallas lying between the Southeast Right-of-Way line of the Houston Street Viaduct (formerly the "Dallas-Oak Cliff Highway Viaducr), the Northwest Right-of-Way line of the Jefferson Street Viaduct (formerly the "Northern Texas Traction Company Street Railway Viaducf'), North of the Northeasterly bank of the old channel of the Trinity River, and South of the Right-of-Way of Riverfront Boulevard (formerly "Industrial Boulevard") as dedicated by the above said deed into the County of Dallas, and being more particularly described as follows: BEGINNING at a 5/8 inch diameter Iron Rod with cap marked "CITY OF DALLAS" (hereinafter referred to as "5/8" l.R. w/COD Cap") set at most Westerly corner of said County of Dallas property, at the intersection of the above referenced Northeasterly bank of the old channel of the Trinity River (conveyed to the City of Dallas from the State of Texas by Senate Bill 44, dated March 30, 1925), and in the above said Southeast Right-of-Way line of the Houston Street Viaduct (an 80-foot wide Right-ofWay) at "... 42.1 feet Northeasterly from the Northeasterly face of the first pier of said Viaduct Northeast of said old channel of the Trinity River" (Controlling Monument), as called in the above referenced deed into the County of Dallas, from which a Y2 inch diameter Iron Rod (Controlling Monument) found on the Northwest line of the said Houston Street Viaduct at the South corner of a tract of land conveyed to John Fouts by deed recorded in Volume 3786, Page 54 of the Deed Records of Dallas County, Texas bears North 68째32'06" West, over and across said Houston Street Viaduct a distance of 81.57 feet: THENCE North 32째42'26 East, departing the last said Northeasterly bank of the old channel of the Trinity River and with the common line between said County of Dallas tract and the Houston Street Viaduct a distance of 49.39 feet to a 5/8" l.R. w/COD Cap set at the intersection with the Southwest Right-of-Way line of Riverfront Boulevard (a Variable Width Right-of-Way), at a point 130 feet measured perpendicularly from the Northeast line of said County of Dallas tract:

Page 1of3

EXHIBIT A

Field Notes Describing a 9,517 Square Foot (0.218 Acre) Tract of Land in City Block 2/416 To Be Acquired from the County of Dallas THENCE South 62째56'34" East, departing the last said Southeast line of the Houston Street Viaduct and with the said Southwest line of Riverfront Boulevard, being at all times 130 feet measured perpendicularly from and parallel with the Northeast line of said County of Dallas tract, over and across a portion of said County of Dallas tract a distance of 255.07 feet to a 5/8" I.A. w/COD Cap set at the intersection with the above said Northwest line of the Jefferson Street Viaduct (a 150-foot wide Right-of-Way), being also the Southeast line of said County of Dallas tract: THENCE South 28째15'00" West, departing the last said Southwest line of Riverfront Boulevard and with the common line between said County of Dallas tract and the Northwest line of the Jefferson Street Viaduct a distance of 14.65 feet to a 5/8" I.A. w/COD Cap set at the intersection with the above referenced Northeasterly bank of the old channel of the Trinity River, being also the Southwest line of said County of Dallas tract: THENCE North 89째25'34" West, departing the last said Northwest line of the Jefferson Street Viaduct and with the common line between said County of Dallas tract and the Northeasterly bank of the old channel of the Trinity River a distance of 31.87 feet to a 5/8" I.A. w/COD Cap set at an outside corner of the herein described tract of land: THENCE North 67째57'34" West, continuing with the said Northeasterly bank of the old channel of the Trinity River and Southwest line of said County of Dallas tract a distance of 231.99 feet to the POINT OF BEGINNING, containing 9,517 Square Feet, or 0.218 Acres of land. BASIS OF BEARINGS: Bearings are based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983.

Page 2 of 3

UNPLA TT.1'0

BLOCK V416

ExtfiBIT A

John Neely Bryan Survey

Abstract No. 149

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Page 3 of 3

LEGEND:

ABLE PUMP STATION Trinity Watershed Management

Iron Pipe Found, Size As Noted © Iron Rod Found, Size As Noted @ Sil,. l.R. wCOD Cap Set IHI PK Nall Found

Property Acquisition; Block 2'416 PUBLIC WORKS DEPARTMENT SURVEY DIVISION CITY OF DALLAS, TEXAS

Basis of Bearings: Bearings are based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983. ...\Trinity Able Pump Station Addi 12/11/2013 11 :21 :10 AM

DESIGN RU! NAiii

Holt

DATE

N:\111111\llJllVEY\llOl.1\Tmllr\Allll ... _ , .

PARTY CHIEF

CALCULATIONS

Peck

Holt

FOLDER

Block 2'416

0410-71

AGENDA ITEM # 63 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Trinity Watershed Management Public Works Department

CMO:

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

MAPSCO:

45J ________________________________________________________________

SUBJECT Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Greyhound Lines, Inc., of two tracts of improved land containing a total of approximately 4,526 square feet located on Continental Avenue at its intersection with Dragon Street for the reconstruction of Continental Avenue – Not to exceed $181,782 ($177,282 plus closing costs and title expenses not to exceed $4,500) – Financing: General Obligation Commercial Paper Funds BACKGROUND This item authorizes the acquisition of two tracts of land containing approximately 4,526 square feet located on Continental Avenue at its intersection with Dragon Street from Greyhound Lines, Inc. The property is improved with concrete curbing, paving, fencing, walkway/stairs, brick retaining wall and landscaping. This property will be used for the reconstruction of Continental Avenue. The consideration is based upon an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action FISCAL INFORMATION 2006 Bond Program (General Obligation Commercial Paper Funds) - $181,782 ($177,282 plus closing costs and title expenses not to exceed $4,500) OWNER Greyhound Lines Inc. David Leach, President

MAPS Attached

Agenda Date 02/26/2014 - page 2

Crow lake P811c

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Mapsco 45J

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COUNCIL CHAMBER

February 26, 2014 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATION FOR PUBLIC USE. DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: "CITY": The City of Dallas. “PROPERTY": Two tracts containing a total of approximately 4,526 square feet of property located in Dallas County, and being the same property more particularly described in Exhibit A, attached hereto and made a part hereof for all purposes. “PROJECT”: Street Reconstruction Group 06-618 “USE”: The reconstruction, installation, use, and maintenance of Continental Avenue, together with such appurtenant facilities as may be necessarily provided. "PROPERTY INTEREST": Fee Simple "OWNER": Greyhound Lines, Inc., provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. "OFFER AMOUNT": $177,282.00 "CLOSING COSTS AND TITLE EXPENSES ": Not to exceed $4,500.00 "AUTHORIZED AMOUNT": $181,782.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT. SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY.

COUNCIL CHAMBER

February 26, 2014 SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Street and Transportation Improvements Fund, Fund No. 2T22, Department PBW, Unit U783, Activity THRF, Program No. PB06U783, Object 4210, Encumbrance No. CT-PBW06U783E1. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY’S market value. SECTION 9. That OWNER has been provided with a copy of the Landowner’s Bill of Rights as required by Texas Property Code Section 21.0112. SECTION 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council.

COUNCIL CHAMBER

AssiStatCity Attorney

Exhibit A Parcel 2 - Continental Avenue Field Notes Describing a 1,281 Square Foot (0.0294 Acre) Right of Way to be Acquired In Block 1/409 From "GREYHOUND LINES, INC., A DELAWARE CORPORATION" BEING 1,281 square feet (0.0294 acre) of land situated in the Garrett Fox Survey, Abstract No. 1679, in the City of Dallas, Dallas County, Texas, (Official_City of Dallas Block No. 1/409) and being part of a called 1.117 acre tract of land conveyed to "Greyhound Lines,-Inc., a Delaware corporation" by Special Warranty Deed recorded in Volume, 2000074, Page 06004 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and being further described as part of Block 1 of "Trinity Industrial District, Installment No. 1", an addition to the City of Dallas, Texas as recorded in Volume 1"0, Page 93 of the Map Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a PK Nail with washer (controlling monument) focmd at the most westerly corner of said Greyhound Lines, Inc. 1.117 acre tract and the most northerly corner of a called 0.642 acre tract of land conveyed to PNYX, LTD., a Texas limited partnership by deed recorded in Instrument No. 20080146905 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and located in the common northwesterly line of said Block 1/409 and the existing southeasterly right of way line of Wichita Street (a called 70.00 foot R.O.W.); THENCE South 32째39'06" East, departing the common northwesterly line of said Block 1/409 and the existing southeasterly right of way line of said Wichita Street and along the common northeasterly line of said PNYX, LTD.. 0.642 acre tract and the southwesterly line of said Greyhound Lines, Inc. 1.117 acre tract, a distance of 240.94 feet to a Magnetic Nail set at the POINT OF BEGINNING; THENCE North 86째32'21" East, departing the common northeasterly line of said PNYX, LTD. 0.642 acre tract and the southwesterly line of said Greyhound Lines, Inc. 1.117 acre tract, a distance of 187.01 feet to a set 5/8" iron rod with cap marked "LTRA" (hereafter referred to as set 5/8" ir.on rod) in the northeasterly line of said 1.117 acre tract, same being the northeasterly line of. said Block 1/409, and located in the existing southwesterly right of way line of Dragon Street (a called 80.00 foot R.O.W.); THENCE South 26째54'39" West, along the common northeasterly line of said Greyhound Lines, Inc. 1.117 acre tract and the existing southwesterly right of way line of said Dragon Street, a distance of 8.11 feet to a set 5/8" iron rod at the most southerly southeast corner of said 1.117 acre tract, same being the most southerly southeast corner of said Block 1/409, and located in the existing northerly right of way line of Continental Avenue (variable width R.O.W.);

Page 1of3

Parcel 2 - Continental Avenue Field Notes Describing a 1,281 Square Foot (0.0294 Acre) Right of Way to be Acquired In Block 1/409 From "GREYHOUND LINES, INC., A DELAWARE CORPORATION"

THENCE South 86째32'21" West, departing the existing southwesterly right of way line of said Dragon Street and along the common southerly line of said Block 1/409, same being the southerly line of said Greyhound Lines, Inc. 1.117 acre tract, and the existing northerly right of way line of said Continental Avenue, a distance of 178.99 feet to a set 5/8" iron rod at the southwesterly comer of said 1.117 acre tract and the most easterly corner of said PNYX, LTD. 0.642 acre tract; THENCE North 32째39'06" West, departing the common southerly line of said Block 1/409 and the existing northerly right of way line of said Continental Avenue and along the common northeasterly line of said PNYX, l TD. 0.642 acre tract and the southwesterly line of said Greyhound lines, Inc. 1.117 acre tract, a distance of 8.02 feet to the POINT OF BEGINNING and containing approximately 1,281 square feet or 0.0294 acre of land more or less. A Survey Plat of even date accompanies this property description. BASIS OF BEARING: Texas State Plane Coordinate System, Texas, North Central Zone 4202, North American Datum of 1983.

Date Registered Professional Land Surveyor Texas No. 4276 Lina T. Ramey & Associates, ln'c. 1349 Empire Central, Suite 900 Dallas, Texas 75247 Ph. 214-979-1144

Page 2 of 3

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CITY BLOCK 11409

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ACQUIRED 1,281 SQ. Ff. 0.0294 Acrae

CONTINENTAL AVENUE

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Set sr l.R. with •LTRA• Cap (Unless Otherwise Noted)

Set Magnetic Nall

Found Monument (As Noted)

Set

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----- - - -

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Common Ownenihlp Map Records Dallas

D•R•D•C•T•

INST. NO.

Sheet 3 of 3

County Texas

Deed Records Dallas

DEPT. OF PUBLIC WORKS & TRANSPORTATION

County Texas

_ Official Public Records

0 •P•R•D•C•T• -

-----

LINA T. RAMEY & AS SOCIA TES, INC. 1349 Empire Central, Suite 900 Dallas, Texas 75247 FIRM REGISTRATION NO. F-782

Right of Way To Be Acquired

M.R.D.C. T.

.,....

Parcel 2 - Block 11409

Dallas County Texas Instrument N"umber

"oomoN L I N E = - - - - - - R.o.w. LINE =- - - - - BASIS OF BEARING: Bearings are t»ased upon Texas State Plane :Oordinate System, Texas, North ::entral Zone 4202, North 1'merican Datum 1983 (NAD83).

CONTINENTAL AVENUE OWNER: Greyhound Unes, Inc., A Delaware Corp. OPIR.NAME

DflllCJN FILI NAME

M. Rlndahl

Rlverfront1Parcel2.dgn

PARIY CHIEI'

N. Clark

CALCUl.ATION9

M. King ...............

FOLDER

DATE

FILE NO.

Exhibit A Parcel 3 - Continental Avenue Field Notes Describing a 3,245 Square Foot (0.0744 Acre) Right of Way to be Acquired In Block 21409 From "GLI ACQUISITION COMPANY, A DELAWARE CORPORATION" BEING 3,245 square feet (0.0744 acre) of land situated in the Garrett Fox Survey, Abstract No. 1679, in the City of Dallas, Dallas County, Texas, (Official City of Dallas Block No. 2/409) and being part of a called 5.124 acre tract of land conveyed to "GU Acquisition Company, a Delaware Corporation" by Special Warranty Deed recorded in Volume, 89001, Page 7233 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and being further described as part of Block 2 of "Trinity Industrial District, Installment No. 1", an addition to the City of Dallas, Texas as recorded in Volume 10, Page 93 of the Map Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at an Axle (controlling monument) found at the most westerly corner of said GU Acquisition Company 5.124 acre tract, same being the most westerly corner of said Block 2/409, and located at the intersection of the existing southeasterly right of way line of Wichita Street (a called 70.00 foot R.O.W.) with the existing northeasterly right of way line of Dragon Street (a called 80.00 foot R.O.W.); THENCE South 32째35'21" East, departing the existing southeasterly right of way line of said Wichita Street and along the common southwesterly line of said GU Acquisition Company 5.124 acre tract, same being the southwesterly line of said Block 2/409, and the existing northeasterly right of way line of said Dragon Street, a distance of 386.34 feet to the southwest corner of said 5.124 acre tract, same being the southwest corner of said Block 2/409, and located in the existing northerly right of way line of Continental Avenue (variable width R.O.W.); THENCE North 86째35'07" East, departing the existing northeasterly right of way line of said Dragon Street and along the common southerly line of said GU Acquisition Company 5.124 acre tract, same being the southerly line of said Block 2/409, and the existing northerly right of way line of said Continental Avenue, a distance of 16.40 feet to a set 5/8" iron rod with cap marked "LTRA" (hereafter referred to as set 5/8" iron rod) at the POINT OF BEGINNING; THENCE North 55째12'25" East, departing the common southerly line of said GU Acquisition Company 5.124" acre tract, same being the southerly line of said Block 2/409, and the existing northerly right of way line of said Continental Avenue, a distance of 7.92 feet to a set 5/8" iron rod; THENCE North 85째12'25" East, a distance of 395.29 feet to a set 5/8" iron rod in the easterly line of said GU Acquisition Company 5.124 acre tract, same being the easterly line of said .Block 2/409, and located in the existing westerly right of way line of Interstate Highway 35-E (a variable width R.O.W.);

Page 1of4

Parcel 3 - Continental Avenue Field Notes Describing a 3,245 Square Foot (0.0744 Acre) Right of Way to be Acquired In Block 2/409 From "GLI ACQUISITION COMPANY, A DELAWARE CORPORATION"

THENCE South 37째26'08" West, along the common easterly line of said GU Acquisition Company 5.124 acre tract, same being the easterly line of said Block 2/409, and the existing westerly right of way line of said Interstate Highway 35-E, a distance of 7 .44 feet to a %" capped iron rod found at the southeast comer of said 5.124 acre tract, same being the southeast corner of said Block 2/409 and located in the existing northerly right of way line of Continental Avenue (a variable width R.O.W.); THENCE South 78째29'09" West, departing the existing westerly right of way line of said Interstate Highway 35-E and along the southerly line of said GLI Acquisition Company 5.124 acre tract, same being the southerly line of said Block 2/409, and the existing northerly right of way line of said Continental Avenue, a distance of 56.83 feet to an "X" Cut set in concrete; THENCE South 86째35'07" West, continuing along the common southerly line of said GU Acquisition Company 5.124 acre tract, same being the southerly line of said Block 2/409, and the existing northerly right of way line of said Continental Avenue, a distance of 340.82 feet to the POINT OF BEGINNING and containing approximately 3,245 square feet or 0.0744 acre of land more or less. A Survey Plat of even date accompanies this property description. BASIS OF BEARING: Texas State Plane Coordinate System, Texas, North Central Zone 4202, North American Datum of 1983.

Lina T. Ramey & Associates, Inc. 1349 Empire Central, Suite 900 Dallas, Texas 75247 Ph. 214-979-1144

Page 2of4

Tnnlty /ndusb/11/ O/sb'/td /nstaHment No.. I VoL 14 JV- 9.1 M.R.O.C.T.

\ \

Block 2

\ \

CITY BLOCK 2'409

\ \ \

GLI Acquisition Company, A Delaware Corporation

\ CITY BLOCK 1'409

5.124 Acres

\ \

Vol. 89001, Pg. 7233 D.R.D.C.T.

\ \

Greyhound Lines, Inc., A Delaware Corporation 1.117 Acres Vol. 2000074, Pg. 06004 D.R.D.C.T.

\ \

Tnnlty /ndustr/11/ Olsbltd /nst11Hm11nt No.. I VoL 14 Pg. 9.1 M.R.O.C.T.

\ \

Block 1

I -----· -------•

Set W

l.R. with "LTRA• Cap (Unless Otherwise Noted)

Set Magnetic Nall

Found Monument (As Noted)

Set

-x•

CONTINENTAL A VENUE

(Varfab/11

width Rlgbf-Ol-Way)

L"F1'

Cut

Common Ownerahlp Map Reconla Dallas M •R•D•C•T• County Texas Deed Reconla Dallu D.R.D.C.T. County Texaa _ Official Publlc Records 0.P. R·D·C.T. - Dallu County Texaa INST. NO. = lnatrument Number

= =

M>DITION LINE = fl.O.W. LINE

= -

-•-

••-

!IASIS OF BEARING: Bearings are ,ased upon Texas State Plane :Oordlnate System, Texas, North ::entral Zone 4202, North 'merican Datum 1983 (NAD83).

Sheet 3 of 4 LINA T. RAMEY 8r. ASSOCIATES, INC. 1349 Empire Central, Suite 900 Dallas, Texas 75247 FIRM REGISTRATION NO. F-782

DEPT. OF PUBLIC WORKS

a. TRANSPORTATION

Parcel 3 - Block 2/409 -

CONTINENTAL AVENUE OWNER: GU Acquisition Company, A Delaware Corp. DESIGN FU NAME

M. Rindahl

SCALE

DAlE

Rlverfront.ftarcel3A.dgn

PAlllY aaE'

CALCUl.ATlONS

N. Clark

M. King

FOLDER

RlE NO.

\ \

tU/Uln7' ..n.JI.SUA'Mr.Y A&5'7'./UC'7'sa ./6'?.9

\ \

CITY BLOCK 2'409

211

\ \

\ Trmity lntlusflial Disflict lnsf'llHm11n' No. I Vol Ill Pg. IJ.1

\ \

M.R.O.C. T. Block 2

ifi5

\ \

GU Acquisition Company. A Delaware Corporation 5.124 Acres Vol. 89001, Pg. 7233 D.R.D.C.T.

N85"12'2&-f S86°35'07"W

I I I I I

39&.29'

340.ar AREA TO BE ACQUIRED

3,245 SO. FT.

0.0744 A -

•

Set 59" l.ll. with "LTRA• Cap (Uni- Otherwise Noted)

Set Magnetic Nall

Found Monument (As Noted)

CONTINENTAL A VENUE

{Vadab/11 width Right.qi.Way/

Sheet· 4 of 4

-x·

Set Cut Right of Way To Be Acquired

Common Ownership Map Records Dallas County Texas _ Deed Records Dallas - County Texas Official Public Records 0 •P•R•D•C•T• Dallas County Texas INST. NO. = Instrument Number

M.R.D.C.T. D. R·D•C·T•

= =

"DDmON L I N E = - - · - · · R..O.W. LINE = - - - - - !IASIS OF BEARING: Bearings are i>ased upon Texas State Plane :oordinate System. Texas. North :entral Zone 4202, North !Unerican Datum 1983 (NAD83).

LINA T. RAMEY &. AS SOCIA TES, INC. 1349 Empire Central, Suite 900 Dallas, Texas 75247 FIRM REGISTRATION NO. F-782

grt?l

DEPT. OF PUBLIC WORKS & TRANSPORTATION

Parcel 3 - Block 21409 CONTINENTAL AVENUE OWNER: GU Acquisition Company. A Delaware Corp. DESIGN Fl.E NAMI!

M. Rlndahl

SCALE

DATE

Rlverfront9arcel3B.clgn

PARTY CHIEF

CAl..CUl.ATIONS

N. Clark

M. King

RLE NO.

AGENDA ITEM # 64 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Trinity Watershed Management Public Works Department

CMO:

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

MAPSCO:

44V ________________________________________________________________

SUBJECT Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Prescott Interests, Ltd., of an unimproved tract of land containing approximately 15,352 square feet located on Beckley Avenue at its intersection with Interstate Highway 30 for the IH-30 Bike and Pedestrian Facility Improvements – Not to exceed $288,012 ($284,012 plus closing costs and title expenses not to exceed $4,000) – Financing: General Obligation Commercial Paper Funds BACKGROUND This item authorizes the acquisition of an unimproved tract of land containing approximately 15,352 square feet located on Beckley Avenue at its intersection with IH-30 from Prescott Interests, Ltd. This property will be used for the IH-30 Bike and Pedestrian Facility Improvements. The consideration is based upon independent appraisals. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action FISCAL INFORMATION 2006 Bond Program (General Obligation Commercial Paper Funds) - $288,012 ($284,012 plus closing costs and title expenses not to exceed $4,000) OWNER Prescott Interests, Ltd. Carlisle Interests, Inc., General Partner John K. Pearcy, President

MAPS Attached

Agenda Date 02/26/2014 - page 2

::I I Cl

(..)

oe MAPSCO, Inc.

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44V

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Scale 1 : 9 195

1---

BLOCK 3405

COMSTOCK STREET

AREA TO BE

ACQUIRED

...\Beckley 1-30\Field Notes.dgn 1/20/2014 11 :17:33 AM

COUNCIL CHAMBER

The construction, use and maintenance of an IH-30 bicycle and pedestrian facility between Riverfront Boulevard and Beckley Avenue, together with such appurtenant facilities as may be necessarily provided.

"PROPERTY INTEREST": Fee Simple "OWNER": Prescott Interests, Ltd., provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. "OFFER AMOUNT": $284,012.00 "CLOSING COSTS AND TITLE EXPENSES ": Not to exceed $4,000.00 "AUTHORIZED AMOUNT": $288,012.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT. SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY.

COUNCIL CHAMBER

February 26, 2014 SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Street and Transportation Improvements Fund, Fund No. 2T22, Department PBW, Unit P658, Activity INGV, Program No. PB06P658, Object 4210, Encumbrance No. CT-PBW06P658E1. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY’S market value. SECTION 9. That OWNER has been provided with a copy of the Landowner’s Bill of Rights as required by Texas Property Code Section 21.0112. SECTION 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council.

COUNCIL CHAMBER

February 26, 2014 SECTION 11. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: WARREN M. S. ERNST, City Attorney

Assis ta

EXHIBIT A Field Notes Describing a 15,352 Square Foot (0.352 Acre) Tract of Land To Be Acquired in Block 3406 From Prescott Interests, LC. Being a 15,352 Square Foot, or 0.352 Acre tract of land situated in the Peter Haught Survey, Abstract No. 607, Dallas County, City of Dallas, Texas, and being a part of Tract 3, {Block 3406, Official City of Dallas Block Numbers) of the Beckley Industrial District Addition, an addition to the City of Dallas, Texas recorded in Volume 16, Page 185 of the Map Records of Dallas County, Texas, and being a portion of the property conveyed to Prescott Interests, LC. by Deed dated January 1, 1994 and recorded in Volume 94025, Page 4760 of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch diameter Iron Rod found at the Northeast corner of said Tract 3, at the intersection of the South Right-of-Way line of Comstock Street {a 60-foot wide Right-of-Way) with the Southwest Right-of-Way line of Donosky Drive {a 50-foot wide Right-of-Way), being also the Northeast corner of said Tract 3 of the Beckley Industrial District Addition: THENCE South 19째00'31" East, departing the last said South line of Comstock Street and with the common line between Donosky Drive and said Tract 3 a distance of 29.42 feet to a 5/8 inch diameter Iron Rod with an Aluminum Disc cap marked 'TxDOr {hereinafter referred to as a "5/8" LR. w/TxDOT Cap") found at the Northeast corner of a tract of land conveyed to the State of Texas, dated February 3, 2011 and recorded in Instrument Number 201100078482 of the Official Public Records of Dallas County, Texas, and being also the Southeast corner of the herein described tract of land: THENCE South 71째33'19" West, departing the last said Southwest line of Donosky Drive and with the Northwest line of said TxDOT tract a distance of 58.98 feet to a 5/8" LR. w/TxDOT Cap found at an outside corner of the herein described tract of land: THENCE South 75째02'21" West, continuing with the Northwest line of said TxDOT tract a distance of 195.73 feet to a 5/8" l.R. w/TxDOT Cap found at an outside corner, being also the Southwest corner of the herein described tract of land: THENCE North 03째59'39" West, with the most Westerly East line of said TxDOT tract a distance of 93.20 feet to a 5/8" LR. w/TxDOT Cap found at the intersection with the above referenced South line of Comstock Street, being also the northeast corner of the herein described tract of land:

Page 1of3

EXHIBIT A Field Notes Describing a 15,352 Square Foot (0.352 Acre) Tract of Land To Be Acquired in Block 3406 From Prescott Interests, L.C. THENCE North 89째02'42" East, departing the East line of said TxDOT tract and with the said South line of Comstock Street, being also the North line of said Tract 3 a distance of 241.99 feet to the POINT OF BEGINNING, containing 15,352 Square Feet, or 0.352 Acres of land. BASIS OF BEARINGS: Bearings are based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983 (2011 ).

Page 2of3

EXHIBIT A •

! :

I BECKLEY INDUSTRIAL

.• •. .• \

\ \

. 1

DISTRICT ADDITION (Donoskl Revision No. 2) Vo 25, Pg. 67

BLOCK

3405

sr 1.R. Found

COMSTOCK STREET (61J-Foot Rlght-o,-WayJ

POINT OF BEGINNING

•

\ •

241.99' N 89°02'42'" E

Prescott Interests, LC. Vol. 94025, Pg. 4760

.42' 11°w31· E \

\ \ \ \ \

15,352 Sq. Ft. (0.352 Acre) Tract to be Acquired

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BASIS OF BEARINGS: Bearings are Based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983 (2011).

0 Denotes a

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Iron Rod Found with Aluminum Disc Cap Marked "TxDOT...

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100

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!!'t?> ._T_R_IN_ITV_W_AT_E_R_S_HE_D_MA_NA_G_E_M_E_N_T-t 1-30 Bicycle 8l Pedestrian Trail

PRESCOTr INTERESTS: 1-30 SURVEY DMSION CITY OF DALLAS, TEXAS DATE

S. Holt PARTY atlEP

Peck

...\Beckley 1-30\Field Notes.dgn 1/6/2014 4:50:50 PM

N:ENQR\llURVEY\HOLT\llecld9y\Fleld ,.,.... CALaJLAllONB

S. Holt

FOLDER

BLOCK 3405

044D-60

AGENDA ITEM # 65 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Trinity Watershed Management

CMO:

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

MAPSCO:

46E ________________________________________________________________

SUBJECT Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Chan Ha and Van Phouc Pham, of an unimproved tract of land containing approximately 11,237 square feet located on Junius Street near its intersection with North Carroll Avenue for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project - Not to exceed $99,800 ($96,900 plus closing costs and title expenses not to exceed $2,900) â&#x20AC;&#x201C; Financing: 2006 Bond Funds BACKGROUND This item authorizes the acquisition of an unimproved tract of land containing approximately 11,237 square feet from Chan Ha and Van Phouc Pham. This property is located on Junius Street near its intersection with North Carroll Avenue and will be used for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project. The consideration is based upon an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2006 Bond Funds - $99,800 ($96,900 plus closing costs and title expenses not to exceed $2,900) OWNERS Chan Ha Van Phouc Pham

MAPS Attached

Agenda Date 02/26/2014 - page 2

46E

OMi

0.29 Mi

Scale 1 : 18 390

0.57 Mi

Area To Be Acquired!

COUNCIL CHAMBER

February 26, 2014 A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION AND/OR CONDEMNATION FOR PUBLIC USE. DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: "CITY": The City of Dallas. “PROPERTY": Approximately 11,237 square feet of property located in Dallas County, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes. “PROJECT”: Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project “USE”: The construction, installation, use, and maintenance of a storm water collection basin to intercept overland flow and alleviate downstream flooding, together with such appurtenant facilities as may be necessary. "PROPERTY INTEREST": Fee Simple "OWNER": Chan Ha and Van Phouc Pham, provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. "OFFER AMOUNT": $96,900.00 "CLOSING COSTS AND TITLE EXPENSES ": Not to exceed $2,900.00 "AUTHORIZED AMOUNT": $99,800.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT.

COUNCIL CHAMBER

February 26, 2014 SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY. SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Flood Protection and Storm Drainage Improvements Fund, Fund No. 1T23, Department TWM, Unit T525, Activity SDRS, Program No. PB06T525, Object 4210, Encumbrance No. CT-PBW06T525E1. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY’S market value. SECTION 9. That OWNER has been provided with a copy of the Landowner’s Bill of Rights as required by Texas Property Code Section 21.0112.

COUNCIL CHAMBER

February 26, 2014 SECTION 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council. SECTION 11. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: WARREN M. S. ERNST, CITY ATTORNEY

EXHIBIT A FIELD NOTF.S D.ESCRJBING A 0.2580-ACRE (11,237-SQUARE-FOOT) TRACT OF LAND TO BE ACQUIRED BY THE CITY OF DALLAS (IN FEE) . CITY OF DALLAS IJRAWING NO. 423R-54 (PARCEL 323) PART OF omcIAL CITY OF DALLAS BLOCK NUMBER 793 (l1NPLATTED) JOHN GRIGSBY SURVEY, ABSTRACT NO. 49S ClTY OF DALLAS, DALLAS FROM CHAN RA AND VAN PHUOC PHAM BEING a 0.2580-acre-(1 l,237-square-foot) tract of (unplattcd) land situated mthe City of 0ana. and the Jolm Grigsby Sutvey. 495, City of J;>allas Block 793, n.Daa Texas, and being all of that *8in tract of land conveyed to Chan Ha and Van Phouc Pham as evidenced by Warranty Deed recorded in Volume 200218, Page SS'S3 of the Deed Re<»rds of Dallas County. TebS, and being more particulfn'ly descnDed as fQllows: in the southeast Junius Sti;:et, a variable width daJtt-of-1¥8)', and the nol1bwest line of CHY Block 793 at the north comer of said Chan Ha and Van Phuoc .Phml\,tract and the west comer. of that certain traQt of land conveyed to Matthew as evidenced by deed recorded in Volume 2003122, Pago 10587 pf the Deed Records of Dallas County, Texa8p having coordinates of N-=6977153.9620, .from which a S/8-ineh iron rod found with cap stamped "DCA" at the north comer of said Rolnick tract bears Nardi 44 degrees S4 miQutes 19 seconds F.ast a distance of 49.96 feet;

THENCE South 45 degrees 26 minutes 38 secondJ F.ast departing the southeast line of Junius Strcc:t and the no.rtliwest line of City Block 793 along the common northeast tide of said Chatt Ha and Van Pbuoc Pham tract and southwest line of said Rolnick tnact, ova; and across City Block 793, at a distance of0.44 feet pass a 518-inch iron rod found with cap stamped "DCA", continuing in all a distance of 149.83 feet to a 112-inch iron rod found at the east comer of said Chan Ha and Van Phuoc Pham tract and the south comer of said Robuck tract, having coordinates ofN=6977048.8SS8, B=2499766.7803; THENCE South 44 degrees 54 minutes 19 seconds West along the southeast line of said Chan Ha and Van Phuoc Pham b'aCt a dietancc of 7S.OO feet to a S/8-iron rod with cap stamped "ARS" set at the south corner of said Chan Ha and Van Phuoc PhaJn uact and the east comer of that certain tract of land conveyed to Jose F. Garcia and Rosa Garcia as evidenced by deed recorded in Volume 70151, Page 1598 of the Deed Records of Dallas County, Texas, having coordinates ofN-6976995.7423, E•2499713.8423; THENCE North 45 degrees 26 minutes 38 seconds West along the common southwest line of said Chan of sai4 Gatda tract a distance of 149.83 feet to a 518iron rod with cap stamped "ARS" set il1 the southeast lilHl of Junius Street and the northwest line of City BJ®k 793 at the west of said Chan Ha and Van Phuoc llDd the north said Garcia tract. having ofN=69nt00.848S. £=2499607.0953;

Ha and Van Phuoc Pham tnlet and

THENCE North 44 degrees 54 minutes 19 seconds East along tbs southeast line of Junius Strait and the northwest line of City Block 793 a distance of 75.00 feet to the POINT OF BEGINNING;

Page 1 of3

EXHIBIT A FIELD NOTES DESCRIBING A 0.2580-ACRE (11,237-SQUARE-FOOT) TRACT OF LAND TO BE ACQUIRED BY THE CITY OF DALLAS (IN FEE) CITY OF DALLAS DRAWING NO. 423R-S4 (PARCEL 323) PART OF OFFICIAL CITY OF DALLAS BLOCK NUMBER 793 (UNPLATTED) JOHN GRIGSBY SURVEY, ABSTRACT NO. 495 CITY OF DALLAS, DALLAS COUNTY, TEXAS FROM CHAN HA AND VAN PHUOC PHAM CONTAINING within the metes recited 0.2580 acre (11,237 square feet) ofland, more or less. Basis of Bearing is the State Plane Coordinate System, Texas North Central Zone (4202), North American Datum of 1983. All coordinates are state plane on grid. All distances are surface distances. Surface Adjustment Scale Factor: 1.0001365060.

FIELD NOTIS APPROVED: \().../\Pf J

Page 2 of3

EXHIBIT A (!)

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PAGE 3 OF 3

TRACT OF LAND TD BE ACQUIRED BY 'lliE CITT' OF DAU.AS UN FEE CITY OF DAI.LAS DRAWING NO. 423R-64 (PARCEL 323) PART Of OFFICIAL CITY OF DAU.AS 111..0CK NUMBER 7113 lUNPlATTEDl JOHN GRIGSBY SURV!=,Y, NO. 485 CITY OF DALLAS, DA....,... COUNTY, TEXAS

Engineers, Inc.

AGENDA ITEM # 66 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Trinity Watershed Management

CMO:

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

MAPSCO:

46L ________________________________________________________________

SUBJECT Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Judy Ann Burroughs, of an unimproved tract of land containing approximately 19,623 square feet located on McKenzie Street at its intersection with Herndon Street, for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project â&#x20AC;&#x201C; Not to exceed $57,840 ($55,340 plus closing costs and title expenses not to exceed $2,500) - Financing: 2006 Bond Funds BACKGROUND This item authorizes the acquisition of approximately 19,623 square feet of unimproved land located on McKenzie Street at its intersection with Herndon Street, from Judy Ann Burroughs. This property will be used for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project. The consideration is based on an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2006 Bond Funds - $57,840 ($55,340 plus closing costs and title expenses not to exceed $2,500) OWNER Judy Ann Burroughs

MAPS Attached

Agenda Date 02/26/2014 - page 2

46L

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0.14 Mi

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0.29 Mi

Area to be Acquired

COUNCIL CHAMBER

The construction, installation, use, and maintenance of a realigned section of roadway, storm drainage inlet structure and connecting lines for the collection and transmission of storm drainage, together with such appurtenant facilities as may be necessary.

"PROPERTY INTEREST": Fee Simple "OWNER": Judy Ann Burroughs, provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. "OFFER AMOUNT": $55,340.00 "CLOSING COSTS AND TITLE EXPENSES": Not to exceed $2,500.00 "AUTHORIZED AMOUNT": $57,840.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT.

COUNCIL CHAMBER

February 26, 2014 SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY. SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Flood Protection and Storm Drainage Facilities Fund, Fund No. 1T23, Department TWM, Unit T525, Activity SDRS, Program No. PB06T525, Object 4210, Encumbrance No. CT-PBW06T525D5. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY’S market value. SECTION 9. That OWNER has been provided with a copy of the Landowner’s Bill of Rights as required by Texas Property Code Section 21.0112.

COUNCIL CHAMBER

February 26. 2014 SECTION 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the same amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that amount and the City Controller is hereby authorized to issue a check drawn on the previously described funds in an amount not to exceed the Commissioners' award made payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take possession of the PROPERTY without further action of the Dallas City Council. SECTION 11. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: WARREN M. S. ERNST, City Attorney

AsSiSttCity Attorney

CITY OF DALLAS DRAWING NO. 423R-54 (PARCEL 126) TRACT To BE ACQUIRED BEING ALL 19,623 SQ. FT. (0.4505 AC.) OF THE JUDY ANN BURROUGHS TRACT AND BEING ALL OF LOTS 8 A.ND 9 AND PARTS OF LOTS 10, 11, AND 12, CITY OF DALLAS BLOCK 1437, HERNDON'S THIRD ADDITION, IN THE THOMAS LAGOW SURVEY, ABSTRACT NO. 759, CITY OF DALLAS, DALLAS COUNTY, TEXAS

Exhibit A

BEING a 19,623 square foot (0.4505 acre) tract of land situated in the Thomas Lagow Survey, Abstract Number 759, in the City of Dallas, Dallas County, Texas, and being all of Lots 8 and 9 and parts of Lots 10, 11, and 12, Official City of Dallas Block Number 1437, Herndon's Third Addition to the City of Dallas as shown on map or plat thereof recorded in Volume 1, Page 125, of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and being all of that tract of land described in Warranty Deed to Judy Ann Burroughs, as recorded in Volume 95052, Page 1143, D.R.D.C.T., and being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod with cap stamped "RPLS 2509" (controlling monument) on the west corner of said Lot 8, Block 1437, and on the south corner of Lot 7 of said Block 1437, Herndon's Third Addition, said iron rod being on the northeast right-of-way line of McKinzie Street (a variable width right-of-way); THENCE North 42 degrees 07 minutes 46 seconds East, departing said northeast right-of-way line and with the northwest line of said Lot 8 and the southeast line of said Lot 7, over and across said Block Number 1437, a distance 113.00 feet to a 1/2-inch set iron rod with cap stamped "GLD" (hereinafter referred to as "with cap") on the north corner of said Lot 8 and the east corner of said Lot 7, said iron rod being on the common line of said Block 1437, Herndon's Third Addition, and Block 10 (10/1440 Official City of Dallas Block Number) of W. L. Smith Subdivision, an addition to the City of Dallas as shown on map or plat thereof recorded in Volume 1, Page 278, D.R.D.C.T., said iron rod also being on the southwest line of Lot 2 of said Block 10/1440, W. L. Smith Subdivision; THENCE South 45 degrees 22 minutes 14 seconds East, with said common line and with the northeast line of said Lots 8, 9, 10, 11, and 12 of Block Number 1437, and with the southwest line of Lots 2, 3, 4, 5, and 6 of Block Number 10/1440, at a distance of 179.84 feet passing the south corner of said Lot 6 and said Block 10/1440, and the west corner of Block 9 (9/1440 Official City of Dallas Block Number) of Mercantile National Bank Subdivision, an addition to the City of Dallas as shown on map or plat thereof recorded in Volume 250, Page 272, D.R.D.C.T., and the west corner of that tract of land described in Warranty Deed to the City of Dallas as recorded in Volume 3440, Page 345, D.R.D.C.T., said corner also being on the northwest right-of-way line of Herndon Street (a variable width right-of-way), continuing with the northeast line of said Block 1437 and the southwest line of said Block 9/1440, and said City of Dallas tract, and said northwest right-of-way line, a total distance of 200.00 feet to a 1/2-inch set iron rod with cap on the east corner of said Lot 12 and the north corner of Lot 13 of said Block 1437, Herndon's Third Addition, said iron rod being on said northwest right-of-way line;

Page 1of3 12.17.2013 5436-LD-PAR-126.DOCX

CITY OF DALLAS DRAWING NO. 423R-54(PARCEL126) TRACT TO BE ACQUIRED BEING ALL 19,623 SQ. FT. (0.4505 AC.) OF THE JUDY ANN BURROUGHS TRACT AND BEING ALL OF LOTS 8 AND 9 AND PARTS OF LOTS 10, 11, AND 12, CITY OF DALLAS BLOCK 1437, HERNDON'S THIRD ADDITION, IN THE THOMAS LAGOW SURVEY, ABSTRACT NO. 759, CITY OF DALLAS, DALLAS COUNTY, TEXAS

THENCE South 42 degrees 07 minutes 46 seconds West, departing said northeast line of Block 1437, said southwest line of said Block 9/1440, and said City of Dallas tract, and with the common line of said Lot 12 and said Lot 13 and said northwest right-of-way line of Herndon Street described in deed to the City of Dallas, as recorded in Volume 1675, Page 249, D.R.D.C.T., a distance of 63.69 feet to a 1/2-inch set iron rod with cap from which the common southerly corner of said Lot 12 and Lot 13 bears South 42 degrees 07 minutes 46 seconds West, a distance of 18.00 feet, said iron rod being on the intersection of said northwest right-of-way line of Herndon Street and said northeast right-of-way line of McKinzie Street as described in said deed to the City of Dallas in Volume 1675, Page 249; THENCE North 68 degrees 03 minutes 19 seconds West, departing said common line of Lot 12 and Lot 13 and with said northeast right-of-way line of McKinzie Street, over and across said Lots 12, 11, and 10 of Block Number 1437, a distance of 127.73 feet to a 1/2-inch set iron rod with cap on the common westerly corner of said Lot 10 and said Lot 9; THENCE North 45 degrees 22 minutes 14 seconds West, with said northeast right-of-way line of McKinzie Street and with the south line of Lots 9 and 8, Block 1437, a distance of 80.00 feet to the POINT OF BEGINNING AND CONTAINING 19,623 square feet or 0.0.4505 acres of land, more or less. BASIS OF BEARING: State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, U.S. Survey Feet; Surface Adjustment Scale Factor {SF)= 1.0001365060 (TxDOT Dallas Co. SF).

Page 2 of 3 12.18.2013 5436-LD-PAR-126.DOCX

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THOMAS LAGOW SURVEY ABSTRACT NO. 759 in

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NOTES : 1. BASIS OF BEARING : STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE 4202, NORTH AMERICAN DA TUM OF 1983, U.S. SURVEY FEET; SURF ACE ADJUSTMENT SCALE FACTOR CSFl • 1.0001365060 CTXDOT DALLAS CO . SFl. 2.ALL DIST AN CES ARE SURFACE VALUES .

CITY OF DALLAS DRAWING NO. 423R·S4(PARCEL126) TRACT TO BE ACQUIRED BEING ALL 19,623 SQ. FT. (0.4SOS AC.) OF THE JUDY ANN BURROUGHS TRACT AND BEING ALL OF LOTS 8 AND 9 AND PARTS OF LOTS 10, 11, AND 12, CITY OF DALLAS BLOCK 1437, HERNDON'S THIRD ADDITION, IN THE THOMAS LAGOW SURVEY, ABSTRACT NO. 759, CITY OF DALLAS, DALLAS COUNTY, TEXAS

Garcia Land Data, Inc. T F

214-917-0149 2 14-987-4026

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DATE:

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PROJ :

5436

PAGE 3 OF

AGENDA ITEM # 67 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Trinity Watershed Management

CMO:

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

MAPSCO:

46 L ________________________________________________________________

SUBJECT Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Time Traders, Inc., of an unimproved tract of land containing approximately 4,520 square feet located on McKenzie Street near its intersection with Herndon Street for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project â&#x20AC;&#x201C; Not to exceed $15,250 ($12,750 plus closing costs and title expenses not to exceed $2,500) - Financing: 2006 Bond Funds BACKGROUND This item authorizes the acquisition of an unimproved tract of land containing approximately 4,520 square feet from Time Traders, Inc. This property is located on McKenzie Street near its intersection with Herndon Street and will be used for the Mill Creek/Peaks Branch/State Thomas Drainage Relief Tunnel Project. The consideration is based on an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2006 Bond Funds - $15,250 ($12,750 plus closing costs and title expenses not to exceed $2,500) OWNER Time Traders, Inc. Weldon L. Estes, President

MAPS Attached

Agenda Date 02/26/2014 - page 2

46L

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to be Acquired

COUNCIL CHAMBER

"PROPERTY INTEREST": Fee Simple "OWNER": Time Traders, Inc., provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. "OFFER AMOUNT": $12,750.00 "CLOSING COSTS AND TITLE EXPENSES": Not to exceed $2,500.00 "AUTHORIZED AMOUNT": $15,250.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT.

COUNCIL CHAMBER

February 26, 2014 SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY. SECTION 4. That in the event the OWNER accepts the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Flood Protection and Storm Drainage Facilities Fund, Fund No. 1T23, Department TWM, Unit T525, Activity SDRS, Program No. PB06T525, Object 4210, Encumbrance No. CT-PBW06T525D6. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That the CITY is to have possession of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. In the event of condemnation, the CITY will pay court costs as may be assessed by the Special Commissioners or the court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid from the previously described funds. SECTION 6. That if the OWNER refuses to accept the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. SECTION 7. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit(s). SECTION 8. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY’S market value. SECTION 9. That OWNER has been provided with a copy of the Landowner’s Bill of Rights as required by Texas Property Code Section 21.0112.

COUNCIL CHAMBER

EXHIBIT A CITY OF DALLAS DRAWING NO. 423R-54 (PARCEL 130) TRACT TO BE ACQUIRED DESCRIPTION OF A 4,520 SQ. FT. (0.1038 AC.), AND BEING ALL OF LOT 7, CITY OF DALLAS BLOCK 14 37, HERNDON'S THIRD ADDITION, IN THE THOMAS LAGOW SURVEY, ABSTRACT NO. 759, CITY OF DALLAS, DALLAS COUNTY, TEXAS FROM TIME TRA DERS, INC.

BEING a 4,520 square foot (0.1038 acre) tract of land situated in the Thomas Lagow Survey, Abstract Number 759, in the City of Dallas, Dallas County, Texas, and being all of Lot 7, Official City of Dallas Block No. 1437, Herndon's Third Addition, as shown on map or plat thereof recorded in Volume 1, Page 125, of the Deed Records of Dallas County, Texas (D.R .D.C.T.), and being all of that tract of land described as Tract IV in deed to Time Traders, Inc., as recorded in Volume 72175, Page 1095, D.R.D.C.T.

This description is approved as to form.

Scott Holt, RPLS Survey Program Manager

FIELD NOTES APPROVED: tC>---/15 / ts

KEY FOCUS AREA:

AGENDA ITEM # 68 Efficient, Effective and Economical Government

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

All

DEPARTMENT:

City Attorney's Office

CMO:

Warren M.S. Ernst, 670-3491

MAPSCO:

N/A ________________________________________________________________

SUBJECT A resolution amending Paragraph (f), "Open Microphone," of Subsection 6.3, "Citizen Speakers," of Section 6, "Order of Business," of the City Council Rules of Procedure to specify that any individual may register to speak during the open microphone period of city council meeting once every 30 days - Financing: No cost consideration to the City BACKGROUND Paragraph (f), "Open Microphone," of Subsection 6.3, "Citizen Speakers," of Section 6, "Order of Business," of the City Council Rules of Procedure does not specify the frequency at which individuals may register to speak during the open microphone period. This amendment specifies that individuals may register to speak once within any 30-day period. The purpose of this amendment is to allow as many different citizens as possible to speak during the open microphone period. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City Council was briefed in closed session on January 8, 2014. This item was deferred at the request of Councilmember Kadane on January 22, 2014. This item is scheduled to be briefed to the Quality of Life Committee on February 24, 2014. FISCAL INFORMATION No cost consideration to the City.

COUNCIL CHAMBER

February 26, 2014 WHEREAS, Paragraph (f), "Open Microphone," of Subsection 6.3, "Citizen Speakers," of Section 6, "Order of Business," of the City Council Rules of Procedure does not specify the frequency at which individuals may register to speak during the open microphone period; and, WHEREAS, the Dallas City Council wishes to allow as many different citizens as possible to speak during the open microphone period; and, WHEREAS, the Dallas City Council wishes to amend its rules of procedure to specify that individuals may register to speak once within any 30-day period; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That Paragraph (f), "Open Microphone," of Subsection 6.3, "Citizen Speakers," of Section 6, "Order of Business," of the City Council Rules of Procedure is amended to read as follows: (f) Open Microphone. The city council will provide an opportunity for citizens to present concerns or address issues that are not matters for consideration listed on a posted meeting agenda during an "open microphone" period at city council meetings, subject to the following rules: (1) Five persons may speak on any matter, including an agenda item, during an open microphone period at the beginning of each city council meeting. These first five speakers will be called in the order in which they registered to speak with the city secretary. Whenever a person fails to speak when his name is called, the name of the next speaker registered for the initial open microphone period will be called, until either five persons have spoken or all of the names have been called. An open microphone period will also be provided after the city council has concluded its agenda, at which time all speakers not heard earlier in the meeting may speak. For purposes of enforcing all provisions of Subsection 6.3 governing citizen speakers, a person who signs up to speak during the open microphone period at the beginning of a city council meeting, but who fails to speak when called upon, will be deemed to have spoken at the meeting. (2) Each speaker may speak only once, and the length of time a person will be allowed to speak during the open microphone period is three minutes. If a large number of speakers register for the open microphone period, however, the mayor may, with the concurrence of a majority of the city council, impose more restrictive time limits in order to allow the maximum number of persons to speak. (3) The order in which speakers will be called will be determined by the mayor[, except that persons who have not spoken at a city council meeting in the past 30 days will be called first]. No person may register to speak during an open microphone (4) period more than once within any 30-day period.

COUNCIL CHAMBER

February 26, 2014 Section 2. That the City Secretary is directed to adopt procedures to implement this amendment. Section 3. That this resolution shall take effect immediately after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 69 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

Outside City Limits

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

12Y ________________________________________________________________

SUBJECT A resolution authorizing the conveyance of bridge and drainage easements containing approximately 36,360 square feet of land to Valwood Improvement Authority and Dallas Area Rapid Transit for the construction, maintenance and use of the bridge and drainage improvements across City owned land located in the City of Farmers Branch Financing: No cost consideration to the City BACKGROUND This item authorizes the conveyance of bridge and drainage easements across City-owned land to Valwood Improvement Authority and Dallas Area Rapid Transit for the construction, maintenance and use of the bridge and drainage improvements for the Farmers Branch Creek. The operation, construction, repair and full maintenance of these facilities shall be at no cost to the City of Dallas. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item was deferred on January 22, 2014 at the request of Council Majority.

FISCAL INFORMATION No cost consideration to the City. OWNER Valwood Improvement Authority Pat Canuteson, Executive Director Dallas Area Rapid Transit Gary Thomas, President/Executive Officer MAP Attached

Agenda Date 02/26/2014 - page 2

NTS

COUNCIL CHAMBER

February 26, 2014 WHEREAS, the City of Dallas ("City") is the owner of a tract of land acquired for a future water transmission pipeline and also known as the "Madill Corridor"; and WHEREAS, Dallas Area Rapid Transit ("DART") has rail improvements and trackage rights over the property for transportation purposes; and WHEREAS, Valwood Improvement Authority controls and manages the flood control drainage in and around the property; and WHEREAS, new bridge and additional drainage improvements are needed for the property; and WHEREAS, once the new bridge is completed by Valwood, ownership of the bridge will be transferred to DART, subject to DART's continued possession of trackage rights in the Madill Corridor; and WHEREAS, Valwood Improvement Authority and DART have requested bridge and drainage easements on said property for the construction, maintenance and use of the bridge and drainage improvements, and DART has requested documents of the City evidencing ownership of the new bridge; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is authorized to execute: (1) bridge and drainage easements to be attested by the City Secretary, upon approval as to form by the City Attorney, for approximately 36,360 square feet of land, located in Abstract No.'s 926 and 1577, Dallas County, Texas, to Valwood Improvement Authority and Dallas Area Rapid Transit, collectively as Grantee; and (2) documents evidencing ownership of the new bridge to Dallas Area Rapid Transit; subject to DART's continued possession of trackage rights in the Madill Corridor. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: Warren M. S. Ernst CITY ATTORNEY

Assistant City Attorney

AGENDA ITEM # 70 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

38 T

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a tower/antenna for cellular communication limited to a monopole cellular tower on property zoned an R-7.5(A) Single Family District on the southwest line of Hibiscus Drive, south of Ferguson Road Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions Z123-320(RB)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-320(RB)

DATE FILED: June 24, 2013

LOCATION:

Southwest Line of Hibiscus Drive, South of Ferguson Road

COUNCIL DISTRICT: 7

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 122.10

Approx. 1,600 Sq. Ft.

38 T

APPLICANT:

Verizon Wireless

REPRESENTATIVE:

Peter Kavanagh

OWNER:

White Rock Church of Christ

REQUEST:

An application for a Specific Use Permit for a tower/antenna for cellular communication, limited to a monopole cellular tower, on property zoned an R-7.5(A) Single Family District.

SUMMARY:

The applicant proposes to construct an 85-foot monopole tower and provide for a supporting equipment enclosure.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z123-320(RB)

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. Performance impacts upon surrounding property – The proposed monopole tower will have minimal impact (approximately 160 feet from the closest multifamily uses and approximately 360 feet from the closest single family uses) on adjacent properties while providing for specified design criteria. 2. Traffic impact – The only trip generations to the site will be for maintenance of the monopole cellular, generally sporadic in frequency. 3. Comprehensive Plan or Area Plan Conformance – The request is in compliance with the designated Building Block for the area. 4. The site is buffered by a stand of trees that wrap the site to the north and west. Exclusive of the churchs to the north/northeast and the public library to the south, the proposed height of the monopole tower complies residential proximity slope BACKGROUND INFORMATION: The request site is an internal parcel (approximately 110 feet west of Hibiscus Drive) and is undeveloped. The applicant proposes to construct an 85-foot tower/antenna monopole tower and provide for a supporting equipment enclosure. Zoning History: There has been no recent zoning activity in the immediate area relevant to this request. 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.

Z123-320(RB) Land Use Compatibility: The applicant is requesting an SUP in order to provide for an 85-foot monopole tower and accompanying equipment enclosure. The site is situated on an undeveloped parcel (internal land lease) approximately 110 feet west of the Hibiscus Drive right-of-way. Access will be provided by easement. The site is located within an established residential area, consisting of various institutional (church) uses to the north and northeast, multifamily to the east, and the new White Rock Hills Branch Public Library abutting the site to the south. Additionally, three SUPâ&#x20AC;&#x2122;s exist to the north, east, and south, respectively: 1) Day nursery (permanent time period); 2) Monopole cellular tower (75 feet, ten-year period with eligibility for automatic renewal for additional ten-year periods); and 3) (above referenced) Public library (permanent time period). The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. A specific use permit is required for a monopole cellular tower in all residential zoning districts. Pursuant to Section 51A-4.407 of the Dallas Development Code, a monopole cellular tower is exempt from residential proximity slope (RPS) height restrictions if a specific use permit is required for the monopole cellular tower use. However, pursuant to Section 51A-4.408 of the Dallas Development Code, the impact of the tower height must be considered in the SUP process. Therefore, the City Council considers each case on its own merits to determine if waiving the RPS height restrictions is appropriate. While the monopole tower is considered a passive use (i.e., not a traffic generating use, non-intrusive as to noise and glare), compliance with the residential proximity slope is generally encouraged by staff. In this situation, the closest residential use (multifamily to the east/southeast) requires a 50-foot setback from the monopole; approximately 175 feet is provided). The siteâ&#x20AC;&#x2122;s adjacency to the church to the north and the public library to the south does not provide for compliance with RPS spacing (255 feet required/15 feet 3

Z123-320(RB) and 30 feet provided to the north and south, respectively). The closest church structure is approximately 150 feet from the monopole and approximately 125 feet separates the monopole from the library structures to the south. Additionally, there exists a stand of trees (approximately 20 – 30 feet tall) abutting the site’s northern and western boundary. The majority of these trees are evergreen, thus an ability to provide some buffering north and west of the site. Lastly, the applicant has agreed to the requirement of providing some design criteria related to the improvements – the monopole as well as solid screening wall enclosing the site will be finished in various shades that are consistent with the finish on the abutting library façade (see Site Plan Design Exhibit). As a result of staff’s analysis, staff supports the request, subject to the attached site plan and conditions, inclusive of the above referenced design criteria. Parking: The Dallas Development Code requires one off-street parking space for this use when an auxiliary building that houses electronic equipment exceeds 120 square feet of floor area. The equipment will be housed in cabinets instead of an enclosed structure, therefore, no parking requirements exist. Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Development and Construction has reviewed the request and determined that it will not significantly impact the surrounding roadway system. Street

Designation; Existing & Proposed ROW

Hibiscus Drive

Local; 50’ ROW

Landscaping: As noted above, an existing tree line abuts the site’s footprint while no landscaping is found within the actual footprint of the site. The requested improvements do not trigger requirements for landscaping.

Z123-320(RB) CPC ACTION (January 23, 2014) Motion: It was moved to recommend approval of a Specific Use Permit for a tower/antenna for cellular communication limited to a monopole cellular tower for a tenyear period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions on property zoned an R-7.5(A) Single Family District on the southwest line of Hibiscus Drive, south of Ferguson Road. Maker: Tarpley Second: Shellene Result: Carried: 13 to 0 For:

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

Area: For:

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

200 0

Mailed: 3 Against: 0

None

Z123-320(RB)

CPC RECOMMENDED CONDITIONS FOR A SPECIFIC USE PERMIT FOR A TOWER/ANTENNA FOR CELLULAR COMMUNCIATION 1. USE: The only use authorized by this specific use permit is a tower/antenna for cellular communication, limited to a monopole cellular tower. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. Design of the monopole cellular tower must comply with the elevation shown on the attached site plan . 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 ten-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4.

STRUCTURE HEIGHT: Maximum structure height is 85 feet.

5. SCREENING WALL: A minimum eight foot-tall masonry wall must be constructed to screen the equipment shelter located as shown on the attached site plan. 6. ILLUMINATION: Except as required by Federal Aviation Administration regulations, internal or external illumination of the monopole cellular tower is prohibited. 7. CELLULAR TOWER: Any antenna cells mounted don the monopole cellular tower must be flush mounted, and any future co-location cells must also be flush mounted. 8. SHARED USE WITH OTHER CARRIERS: Any tower/antenna support structure at this site that exceeds 65 feet in height must be constructed to support the antenna arrays for at least two other wireless communication carriers. The tower/antenna support structure must be made available to the other wireless communication carriers upon reasonable terms. 9. DESIGN CRITERIA: The tower/antenna and solid screening wall must incorporate a mix of finish materials as provided on the attached Site Plan Design Exhibit. 10. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance.

Z123-320(RB) 11. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

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Z123-320(RB)

Proposed Site Plan

Proposed Site Plan Design Criteria Exhibit

â&#x20AC;˘

WALL DESIGN AND COLOR 9150 FERGUSON RD.

REQUEST FOR S.U.P. ANTENNA FACILITY ZONING CASE #Z123-320

VERIZON WIRELESS 7 VILLAGE CIRCLE, SUITE 700 WESTLAKE, TX 76262

IN) LDel!I!

la! - -

Wall around the compound will be similar in design to the facade of the library located on the adjacent lot. The wall facade will generally but not identically match the library facade. Color panels will match the colors of the library. The wall will be three colors and the panel colors will be as shown below with the No. 1 color bein!] an off white matching the off white panels of the library; The No. 2 color being the prominent color and the No. 3 being the rusty brown color matching the dark panels on the library. The monopole color will match color No. 2. f---Z,

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Z123-320(RB)

速

AERIAL MAP

1:1,200

Case no: Date:

Z123-320 _..=...!.!:..::=......=::..=.;::___ .....:.1=2/....:....11:..:...:/2_0_13_ __

Z123-320(RB) Church

(SUP for Monopole tower)

Church Multifamily

SUP for Day Nursery

(all improvements have been removed, however SUP for a permanent period still exists)

Public library

(White Rock Hills)

Single family

Z123-320(RB)

CPC RESPONSES

Z123-320(RB)

Page 1 of 1 1/23/2014

Notification List of Property Owners Z123-320

3 Property Owners Notified Owners in Favor

Vote

0 Property Owners Opposed

Label # Address

0 Property

Owner

9220

FERGUSON RD

WHITE ROCK CHURCH

9415

BECK AVE

V3 USA PROPERTY INC

9314

FERGUSON RD

BETHEL BAPTIST TABERNACLE

Thursday, January 23, 2014

AGENDA ITEM # 71 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

58 J

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1916 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 northeast corner of Lake June Road and North Jim Miller Road Recommendation of Staff and CPC: Approval for a five-year period with eligibility for automatic renewals for additional five-year periods, subject to conditions Z123-353(MW)

HONORABLE MAYOR & CITY COUNCIL FILE NUMBER:

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa O’Donnell

Z123-353MW)

DATE FILED: August 9, 2013

LOCATION: Northeast corner of Lake June Road and North Jim Miller Road COUNCIL DISTRICT: 5

MAPSCO: 58-J

SIZE OF REQUEST: ±0.5139 acre

CENSUS TRACT: 91.05

REPRESENTATIVE:

Hisham Awadelkariem

APPLICANT:

Omar R. Abdalla

OWNER:

B.A.N Unlimited, Inc., Bassam Al-Noubani, President

REQUEST:

An application to renew Specific Use Permit No. 1916 for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned a CR-D-1 Community Retail District with a D1 Liquor Control Overlay

SUMMARY:

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

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z123-353(MW) STAFF RECOMMENDATION: Staff recommends approval of this renewal subject to conditions based upon the following: 1. Compatibility with surrounding uses and community facilities – The existing general merchandise or food store 3,500 square feet or less is compatible with the surrounding land uses. The sale of alcoholic beverages in conjunction with the main use does not affect compatibility. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The existing general merchandise or food store, which offers the sale of alcoholic beverages, provides a service to this area of the City and does not appear to negatively impact to the adjacent properties. 3. Not a detriment to the public health, safety, or general welfare – The existing general merchandise or food store complies with Chapter 12B (Convenience Store) requirements. The purpose of regulating convenience stores is to protect the health, safety, and welfare of the citizens of the City of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. 4. Conforms in all other respects to all applicable zoning regulations and standards – Based on information depicted on the existing site plan associated with Specific Use Permit No. 1916, the request complies all applicable zoning regulations and standards. BACKGROUND INFORMATION: The ±0.5139-acre request site is developed with a ±1,927-square foot general merchandise or food store (convenience store) which includes gas pumps. The general merchandise or food store use is permitted by right. The sale of alcoholic beverages on property requires a specific use permit due to the D-1 Liquor Control Overlay. Specific Use Permit No. 1916 was approved on November 7, 2011 for a two-year period. The applicant does not propose any changes to the existing site plan.

Z123-353(MW) Surrounding Zoning History: 1.

Z123-205: On Wednesday, June 26, 2013, the City Council approved the renewal of Specific Use Permit No. 1872 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 for a five-year period with eligibility for automatic renewal for additional five-year periods subject to conditions.

Z112-111: On Wednesday, June 27, 2012, the City Council approved 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 for a twoyear period subject to a site plan and conditions.

Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Lake June Road

Principal arterial

100 feet

Jim Miller Road

Minor arterial

100 feet

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

Land Use

North

CR-D-1

Restaurant; retail

East

CR-D-1

Daycare

South

CR-D-1

Pawn shop

West

CR-D-1

Convenience stores

Z123-353(MW) 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 Multi-Modal Corridor. Multimodal 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. 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. 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. 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

Land Use Compatibility: The ±0.5139-acre request site is developed with a ±1,927-square foot general merchandise or food store (convenience store) which includes gas pumps. The applicant proposes to continue to sell beer and wine for off-premise consumption in conjunction with the existing convenience store. 4

Z123-353(MW)

The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The City Council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the City. A convenience store requires a certificate of registration to comply with Chapter 12B. The purpose of Chapter 12B is to protect the health, safety, and welfare of the citizens of the City of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. A certificate of registration for a convenience store expires one year after the date of issuance and must be renewed annually. Based on information provided by the Dallas Police Department (DPD), Neighborhood Police Unit, Southeast Patrol Division, the convenience store located at 7101 Lake June Road is in DPD’s system and passed inspection on November 21, 2013. Therefore, the referenced convenience store complies with Chapter 12B (Convenience Store) requirements. The applicant’s request, subject to the attached conditions, is consistent with the intent of the Dallas Development Code. Therefore, staff recommends approval for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to conditions. Development Standards: District

Setbacks Front

CR-D-1

15’

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

Density

Height

Lot Coverage

Special Standards

0.75 FAR overall 0.5 office

54’ 4 stories

60%

Proximity Slope Visual Intrusion

Primary Uses

Retail & personal service, office

Z123-353(MW) Parking: Pursuant to the Dallas Development Code, the off-street parking requirement for a general merchandise or food store use is one (1) space per 200 square feet of floor area; the requirement for a motor vehicle fueling station is two (2) spaces. Therefore, theÂą1,927-square foot convenience store with gas pumps requires a total of 12 parking spaces. The applicant will continue to provide 13 parking spaces, as depicted on the site plan. Landscaping: No new development is proposed. Therefore, no additional landscaping is required. Any new development on the property will require landscaping per Article X of the Dallas Development Code.

Z123-353(MW) Police Report: Specific Use Permit No. 1916 was approved on November 7, 2011. An online search of the Dallas Police Departmentâ&#x20AC;&#x2122;s offense incident reports for the period from November 7, 2010 to November 7, 2011, one year prior to approval, revealed the following results:

Below are the results for the period from November 8, 2011 to November 8, 2013.

Z123-353(MW) CPC Action: January 23, 2014: Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1916 for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less for a five-year period with eligibility for automatic renewals for additional five-year periods, subject to conditions on property zoned a CRD-1 Community Retail District with a D-1 Liquor Control Overlay on the northeast corner of Lake June Road and North Jim Miller Road. Maker: Second: Result:

Shidid Murphy Carried: 14 to 0

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

0 1 - Hinojosa 0

Notices: Replies:

Area: For:

Speakers:

200 1

Mailed: Against:

None

18 0

Z123-353(MW) Existing/Proposed SUP Conditions 1. USE: The only use authorized by this specific use permit is the sale of alcoholic beverages in conjunction with a general merchandise or food store use 3,500 square feet or less. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on November 7, 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.) 4. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 5. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

Z123-353(MW) Existing Site Plan

Z123-353(MW)

VlllAGE STAR LN

ST REGIS DR

VICINITY MAP 1:4,800

Z123-353 Date:

11 /5/2013

Z123-353(MW)

•

AERIAL MAP

Case no: Date:

1:1,200 12

Z123-353 11 /5/2013

Z123-353(MW)

Restaurant Restaurant

Convenience stores

Daycare

Auto related Pawn shop

Z123-353(MW)

Z123-353(MW) CPC Responses

Z123-353(MW) Page 1 of 1 1/23/2014

Notification List of Property Owners Z123-353

18 Property Owners Notified

Vote O

0 Property Owners Opposed

Label # Address

1 Property Owner in Favor

Owner

7121

LAKE JUNE RD

BALLAS VICTOR

7101

LAKE JUNE RD

B A N UNLIMITED INC

1341

JIM MILLER RD

ST REGIS SQUARE LTD

1331

JIM MILLER RD

WILLIAMS TIMMY J

7035

LAKE JUNE RD

LEE CHUN KOO & YOUNG SOOK

1328

JIM MILLER RD

REEVES GEORGE M III LTD &

7127

LAKE JUNE RD

LEE KATHELYN

7135

LAKE JUNE RD

SALAZAR MARCIAL

1315

CELESTE DR

MORRISON C E JR & SANDRA

1321

CELESTE DR

JOAQUIN CLEMENTE

7024

LAKE JUNE RD

MADI ALI K ET AL

7034

LAKE JUNE RD

MADI ALI K &

1235

JIM MILLER RD

VILLANUEVA ALDO

7102

LAKE JUNE RD

HATTEN E T &

7116

LAKE JUNE RD

CASTILLO ENRIQUE &

7122

LAKE JUNE RD

HACKNEY MARY KATHLEEN

7128

LAKE JUNE RD

CASTILLO ENRIQUE

7037

LAKE JUNE RD

MARTIN EAGLE OIL CO

AGENDA ITEM # 72 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45 W

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the creation of a new subdistrict in Planned Development District No. 468, the Oak Cliff Gateway Special Purpose District on the northeast corner of Comal Street and East Jefferson Boulevard Recommendation of Staff and CPC: Approval, subject to conditions Z123-372(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa O’Donnell

FILE NUMBER:

Z123-372(MW)

DATE FILED: September 16, 2013

LOCATION:

Northeast corner of Comal Street and East Jefferson Boulevard and

COUNCIL DISTRICT: 1

MAPSCO: 45-W

SIZE OF REQUEST: ±0.485 acre

CENSUS TRACT: 20.00

REPRESENTATIVE:

Peter Kavanagh, Zone Systems, Inc.

APPLICANT/OWNER:

First Glendora Partners, Ltd.

REQUEST:

An application to create a new subdistrict in Planned Development District No. 468, the Oak Cliff Gateway Special Purpose District.

SUMMARY:

The applicant [Noble Rey Brewing Company] intends to create a new Subdistrict to permit “alcohol beverage manufacturing” and “microbrewery, microdistillery or winery” uses so that a portion of the existing building can be utilized for this purpose with opportunity for expansion.

STAFF RECOMMENDATION:

Approval; subject to conditions

CPC RECOMMENDATION:

Approval; subject to conditions

Z123-372(MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – Based on the industrial nature of the neighborhood and the intent of Planned Development District No. 468 to accommodate a mix of uses, the request is not anticipated to negatively impact surrounding property. 2. Traffic impact – The request will not significantly impact the surrounding roadway system. 3. Comprehensive Plan or Area Plan Conformance – The request complies with the Comprehensive Plan. 4. Planned Development District No. 468 was approved in 1997, prior to the creation of the “alcohol beverage manufacturing” and “microbrewery, microdistillery or winery” uses. Before the Dallas Development Code was amended on June 22, 2012, alcohol beverage manufacturing was classified as a potentially incompatible industrial use. BACKGROUND INFORMATION: The ±0.485 acre request site is developed with a ±25,000-square-foot building which was previously occupied with an office use and a detached non-premise sign (billboard). Both will remain on the site. The request site on located within Subdistrict A, the Beckley Industrial Area. No new construction is proposed by this application. Zoning History: There has been no zoning activity in the vicinity of the request site within the last five years. Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Jefferson Boulevard

Minor arterial

100 feet

Comal Street

Local

60 feet

Z123-372(MW) 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

PDD No. 468 (Subdistrict A)

Undeveloped

East

PDD No. 571 (Subdistrict 1)

RL Thornton right-of-way

South

DART vehicle maintenance and storage

West

PDD No. 468 (Subdistrict A)

Multifamily

STAFF ANALYSIS: Comprehensive Plan: The request site is identified as being within an Urban Neighborhood Building Block on the forwardDallas! Vision Illustration, adopted June 2006. 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. The applicantâ&#x20AC;&#x2122;s proposal is consistent with the following goals and policies of the Comprehensive Plan.

Z123-372(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.

ECONOMIC ELEMENT GOAL 2.1

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

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 intends to utilize a portion of the existing building as a microbrewery with opportunity for expansion. Pursuant to the Dallas Development Code, the two uses that provide for the manufacture of beer or wine are alcohol beverage manufacturing and microbrewery, microdistillery or winery. Neither use is permitted in Subdistrict A of Planned Development District No. 468. Pursuant to the Dallas Development Code, the uses are defined as follows: Alcohol beverage manufacturing means an establishment for the manufacture, blending, fermentation, processing, and packaging of alcoholic beverages with a floor area exceeding 10,000 square feet that takes place wholly inside a building. A facility that only provides tasting or retail sale of alcoholic beverages is not an alcohol manufacturing use. Microbrewery, microdistillery or winery means an establishment for the manufacture, blending, fermentation, processing and packaging of alcoholic beverages with a floor area of 10,000 square feet or less that takes place wholly inside a building. A facility that only provides tasting, or retail sale of alcoholic beverages is not a microbrewery, microdistillery or winery use. Both uses are subject to the following provisions and are compatible with the surrounding development. Retail sales of alcoholic beverages and related tastings or sampling are allowed in accordance with Texas Alcoholic Beverage Commission regulations.

Z123-372(MW) Except for loading, all activities must occur within a building. Silos and containers of spent grain are allowed as outdoor storage in accordance with Chapter 51A. Containers of spent grain must be screened. All other outdoor storage or repair is prohibited. Parking: The parking requirements for the alcohol beverage manufacturing and the microbrewery, microdistillery or winery uses are as follows:

and seating.

(i)

Except as provided, one space per 600 square feet of floor area.

(ii)

One space per 1,000 square feet of floor area used for storage.

(iii)

One space per 100 square feet of floor area used for retail sales

The applicant has not yet committed to a floor plan. However, it is anticipated that approximately 7,500 square feet of the building be will utilized as a microbrewery; it is not anticipated that any floor area will be dedicated to retail sales or seating. Therefore, a ±7,500-square-foot microbrewery will require 13 off-street parking spaces. Currently, there are approximately 24 spaces on the site, which are located within the building. Landscaping: No new development is proposed by this application. Therefore, no additional landscaping is required. However, any new development on the property will require landscaping in accordance with Article X of the Dallas Development Code. In addition to any landscaping required by Article X, Planned Development District No. 468 requires trees to be planted within 10 feet of the front property line at a density of one tree for each 30 linear feet of frontage, excluding visibility triangles, driveways, and points of ingress and egress to and from the property. The PDD also requires surface parking to be screened from the street. Development Standards: District

Subdistrict A

Setbacks Front 15’ min. 30’ max

Density/ FAR

Height

Lot Coverage

Special Standards

Primary Uses

No max. FAR 3:1

270’/ 20 stories

80%

Urban design guidelines

Industrial

Side/Rear No min.

The applicant proposes to retain all the provisions of Subdistrict A of PDD No. 468 with the addition of the alcohol beverage manufacturing and microbrewery, microdistillery or winery uses.

Z123-372(MW) CPC Action: December 5, 2013: Motion: It was moved to recommend approval of the creation of a new subdistrict, subject to conditions in Planned Development District No. 468, the Oak Cliff Gateway Special Purpose District on the northeast corner of Comal Street and East Jefferson Boulevard. Maker: Second: Result:

Shellene Peadon 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: 500 For: 5

Speakers:

Mailed: Against:

53 1

None

Lavallaisaa,

Tarpley,

Shellene,

Z123-372(MW) CPC Recommended Conditions

ARTICLE 468. PD 468. Oak Cliff Gateway Special Purpose District SEC. 51P-468.101.

LEGISLATIVE HISTORY.

PD 468 was established by Ordinance No. 23057, passed by the Dallas City Council on March 12, 1997. Ordinance No. 23057 amended Ordinance No. 19455, Chapter 51A of the Dallas City Code, as amended. Ordinance No. 23057 was amended by Ordinance No. 23868, passed by the Dallas City Council on April 28, 1999, and Ordinance No. 25866, passed by the Dallas City Council on January 26, 2005. (Ord. Nos. 19455; 23057; 23868; 25866; 26042) SEC. 51P-468.102.

PROPERTY LOCATION AND SIZE.

PD 468 is established on property generally bounded by Interstate 30, the Levee on the east side of the Trinity River, Interstate 35E (South R.L. Thornton Freeway), Jefferson Boulevard, Eighth Street, a line midway between Beckley Avenue and Crawford Street, Neches Street, Bishop Avenue, Colorado Boulevard, and Beckley Avenue. The size of PD 468 is approximately 608.86 acres. (Ord. Nos. 23057; 26042; 26606) SEC. 51P-468.103.

PURPOSE.

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

Accommodate the existing mix of uses in the area.

(2)

Protect the internal and adjacent stable residential neighborhoods.

(3) Preserve significance of the area.

26042)

and

enhance

the historical, cultural, and architectural

(4)

Strengthen the neighborhood identity.

(5)

Create a more desirable pedestrian environment. (Ord. Nos. 23057;

SEC. 51P-468.104.

DEFINITIONS AND INTERPRETATIONS.

(a)

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

(b)

Unless the context clearly indicates otherwise, in this article:

(1) ART GALLERY means an establishment where original works of art or limited editions of original works of art are bought, sold, loaned, appraised, or exhibited to the general public.

Z123-372(MW) (2) ARTISAN AND SPECIALTY GOODS SHOP means a small scale business that manufactures artisan goods or specialty goods for sale on- or off-premise. This use does not include other uses that are specifically listed in Section 51A-4.200. (3) ART OR CRAFT PRODUCTION FACILITY means a facility for the production of handcrafted art or craft products through processes such as kiln firing, glass blowing, welding, or woodworking and for sale of the products to the general public. (4) BAIL BOND OFFICE means an office for the issuance, brokerage, or procurement of bail bonds, whether as an accessory use or a main use. (5) LIVE/WORK UNIT means an interior space that combines a residential and nonresidential use. A live/work unit is considered a nonresidential use. (6) LUMINOUS REFLECTANCE means the ratio of the amount of total light that is reflected outward by a material to the amount of total light falling on the material. (7) TATTOO OR BODY PIERCING STUDIO means an establishment in which tattooing is performed, or body piercing for the purpose of wearing jewelry in the pierced body part (for any body part other than earlobes) is performed. TATTOOING means the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. (c) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (d)

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

(1) The absence of a symbol appearing after a listed use means that the use is permitted by right. (2) The symbol [SUP] appearing after a listed use means that the use is permitted by specific use permit only. (3) The symbol [DIR] appearing after a listed use means that a site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803. (“DIR” means “development impact review.” For more information regarding development impact review generally, see Division 51A-4.800.) (4) The symbol [RAR] appearing after a listed use means that, if the use has a residential adjacency as defined in Section 51A-4.803, a site plan must be submitted and approved in accordance with the requirements of that section. (“RAR” means “residential adjacency review.” For more information regarding residential adjacency review generally, see Division 51A-4.800.) (e) Unless the context clearly indicates otherwise, for purposes of interpreting Chapter 51A, the subdistricts are considered to be residential or nonresidential as indicated: (1)

Subdistrict A - Beckley Industrial Area: nonresidential.

(2)

Subdistrict A-1 - Beckley Residential Area: residential.

Z123-372(MW) (3)

Subdistrict A-2 – Greenbriar Residential Area: residential.

(4)

Subdistrict A-3 – Beckley Industrial Area: nonresidential.

(5)

Subdistrict B - Oak Farms Commercial Area: nonresidential.

(6)

Subdistrict C - Lake Cliff Residential Area: residential.

(7)

Subdistrict C-1 - Lake Cliff Neighborhood Service Area: nonresidential.

(8)

Subdistrict D - Founders Park Mixed Area: nonresidential.

(9) Subdistrict D-1, Tracts 1 and 3 - Founders Park Retail: nonresidential; Tract 2 - Founders Park Residential: residential. (10)

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

(11)

Subdistrict E - Hospital Area: nonresidential.

SEC. 51P-468.104.1.

EXHIBITS.

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

Exhibit 468A: Subdistrict map.

(2)

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

(3)

Exhibit 468C: Subdistrict A-1 development plan.

(4)

Exhibit 468D: Subdistrict A-2 conceptual plan.

SEC. 51P-468.105.

CREATION OF SUBDISTRICTS.

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

Subdistrict A - Beckley Industrial Area.

(2)

Subdistrict A-1 - Beckley Residential Area.

(3)

Subdistrict A-2 – Greenbriar Residential Area.

(4)

Subdistrict A-3 – Beckley Industrial Area.

(5)

Subdistrict B - Oak Farms Commercial Area.

(6) (7)

Subdistrict C - Lake Cliff Residential Area. Subdistrict C-1 - Lake Cliff Neighborhood Service Area.

(8)

Subdistrict D - Founders Park Mixed Area.

Z123-372(MW) (9) Subdistrict D-1 - Founders Park Retail (Tracts 1 and 3) and Founders Park Residential (Tract 2). (10)

Subdistrict D-2 - Founders Park Mixed Area 2.

(11)

Subdistrict E - Hospital Area.

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

(c)

Use regulations and development standards for each subdistrict are set out

SEC. 51P-468.106.

GENERAL DEVELOPMENT STANDARDS.

(a) Except as provided in this section, the provisions of Section 51A-4.702, â&#x20AC;&#x153;Planned Development (PD) District Regulations,â&#x20AC;? relating to the PD pre-application conference, site plan procedure, site analysis, conceptual plan, development plan, development schedule, and amendments to the development plan do not apply to this district. (b) In Subdistrict A-1, development and use of the Property must comply with the Subdistrict A-1 development plan (Exhibit 468C). If there is a conflict between the text of this article and the Subdistrict A-1 development plan, the text of this article controls. (c) In Subdistrict A-1, for development and use of the Property as shown in the Subdistrict A-1 development plan, a preliminary plat is not required to be submitted at the same time that the development plan is submitted. For any other development or use of the Property that deviates from the Subdistrict A-1 development plan, a preliminary plat must be submitted with the development plan. (d) In Subdistrict A-2, development and use of the Property must comply with the Subdistrict A-2 conceptual plan (Exhibit 468D). If there is a conflict between the text of this article and the Subdistrict A-2 conceptual plan, the text of this article controls. A development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this subdistrict. (e) For Tract 1 in Subdistrict D-1, a development plan that complies with the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan and this article must be approved by the city plan commission prior to the issuance of a building permit to authorize work in Tract 1. If there is a conflict between the text of this article and the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan, the text of this article controls. (f) For Tract 2 in Subdistrict D-1, development and use of the Property must comply with the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan (Exhibit 468B). If there is a conflict between the text of this article and the development plan, the text of this article controls. (g) For Tract 3 in Subdistrict D-1, a development plan that complies with the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan and this article must be approved by the city plan commission prior to the issuance of a building permit to authorize work in Tract 3. If there is a conflict between the text of this article and the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan, the text of this article controls.

Z123-372(MW) (h)

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

SEC. 51P-468.107. (a)

SUBDISTRICTS A and A-3- BECKLEY INDUSTRIAL AREA.

Main uses permitted. (1)

Commercial and business service uses. -----------

(2) A-3 only]

(3)

Industrial uses. --

alcohol beverage manufacturing [RAR][permitted in Subdistrict

----

Industrial (inside) not potentially incompatible. Industrial (inside) light manufacturing. Temporary concrete or asphalt batching plant. [By special authorization of the building official.]

Institutional and community service uses. ----

(4)

Temporary construction or sales office.

Office uses. -----

(7)

Hotel or motel. [SUP required if less than 80 rooms.]

Miscellaneous uses. --

(6)

Child-care facility. Church. Public or private school.

Lodging uses. --

(5)

Building repair and maintenance shop. Catering service. Commercial cleaning or laundry plant. Custom business services. Custom woodworking, furniture construction or repair. Electronics service center. Job or lithographic printing. Medical or scientific laboratory. Technical school. Tool or equipment rental.

Financial institution without drive-in window. Financial institution with drive-in window. Medical clinic or ambulatory surgical center. Office.

Recreation uses. --

Public park, playground, or golf course.

Z123-372(MW) (8) Residential uses. The following residential uses are permitted only as a use category within a mixed use project: ------

Duplex. Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] Multifamily. Single family. Retirement housing. To qualify as a mixed use project, a development must contain residential uses and one or more of the other use categories, and the combined floor areas of the uses in each category must equal or exceed the following percentages of the total floor area of the project: Use Category

Percentage of Total Floor Area

Lodging Office Residential Retail and personal service (9)

feet.

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

Ambulance service. Auto service center. Car wash. [Tunnel unit type only.] Commercial amusement (outside). [SUP] Dry cleaning or laundry store. Furniture store. General merchandise or food store 3,500 square feet or less. General merchandise or food store greater than 3,500 square

Home improvement center, lumber, brick, or building materials sales yard. Household equipment and appliance repair. [No outside storage permitted.] microbrewery, microdistillery or winery[RAR][permitted in Subdistrict A-3 only] Mortuary, funeral home, or commercial wedding chapel. Motor vehicle fueling station. Nursery, garden shop, or plant sales. Personal service uses. Restaurant without drive-in or drive-through service. Restaurant with drive-in or drive-through service. Theater.

---------(10)

10 percent 15 percent 10 percent 5 percent

Transportation uses. --

Transit passenger shelter.

Z123-372(MW) (11)

Utility and public service uses. -------

(12)

Electrical substation. Local utilities. Police or fire station. Post office. Tower/antenna for cellular communication. Utility or government installation other than listed. [SUP]

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

Contractorâ&#x20AC;&#x2122;s maintenance yard. Mini-warehouse. Office showroom/warehouse. Warehouse.

Yard, lot, and space regulations.

(1) Application of subsection. The following yard, lot, and space regulations apply to all properties within Subdistrict A except as provided in the urban design guidelines for properties fronting on specific streets. (2) In general. The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, this subsection controls. (3)

Front yard. Minimum front yard is 15 feet.

(4)

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

(5)

Density. No maximum density.

(6)

Floor area ratio. Maximum floor area ratio is 3:1.

(7) Height. Maximum structure height to the east of Plowman Avenue is 270 feet. Maximum structure height to the west of Plowman Avenue is 110 feet. (8)

Lot coverage. Maximum lot coverage is 80 percent.

(9)

Lot size. No minimum lot size.

(10) Stories. Maximum number of stories to the east of Plowman Avenue is 20. Maximum number of stories to the west of Plowman Avenue is eight. (d) Off-street parking and loading. Consult the use regulations contained in Division 51A-4.200 for the specific off-street parking and loading requirements for each use.

Z123-372(MW) (e)

Environmental performance standards. See Article VI.

(f)

Landscaping. (1)

All landscaping must be provided in accordance with Article X.

(2)

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

(g) Signs. Signs must comply with the provisions for business zoning districts contained in Article VII. (h) appearance.

Additional provisions. (1)

Properties must be maintained in a state of good repair and neat

(2) Development and use of the properties must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (i) Urban design guidelines for properties fronting on Beckley Avenue, East Colorado Boulevard, Jefferson Boulevard, and Greenbriar Lane. (1) Purpose. The purpose of these urban design guidelines is to enhance the pedestrian environment by increasing safety measures and providing amenities; preserve the historic character of Old Oak Cliff; and enhance the safety factors for heavily traveled major thoroughfares. (2) CPTED review. Compliance with Crime Prevention Through Environmental Design (CPTED) review standards is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (3)

Front yard. Minimum front yard is 15 feet. Maximum front yard is 30 feet.

(4) Lighting. Exterior lighting of the front yard and parking areas must be directed away from adjoining properties. (5)

Parking lots.

(A) Screening methods. All off-street surface parking lots, excluding driveways used for ingress or egress must be screened from the street by using one or more of the following three methods to separately or collectively attain a minimum height of three feet above the parking surface: wood wall or fence.

(i)

Brick, stone, or concrete masonry; stucco; concrete; or

Z123-372(MW) (iii) Evergreen plant materials recommended for local area use by the director of parks and recreation. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years. (B) Measuring the height of screening. The height of screening is measured from the horizontal plane passing through the nearest point of the surface of the parking lot. Screening may be placed in a visibility triangle as defined in the visual obstruction regulations in Section 51A-4.602(c). Any screening placed in a visibility triangle must be two and one-half feet in height measured from the top of the adjacent street curb. If there is no adjacent street curb, the measurement is taken from the grade of the portion of the street adjacent to the visibility triangle. (6) Reflective glass. Maximum permitted luminous reflectance of glass used as an exterior building material varies depending on where the reflective glass is used on the building. The luminous reflectance of glass used on the exterior of the first two stories of a building may not exceed 15 percent. The luminous reflectance of exterior glass used above the first two stories of the building may not exceed 27 percent. (7) Screening of outside storage. provided by Section 51A-4.602(b).

Outside storage must be screened as

(8) Street trees. In addition to any landscaping required by Article X, trees must be planted within 10 feet of the front property line at a density of one tree for each 30 linear feet of frontage, excluding visibility triangles, driveways, and points of ingress and egress to and from the property. (j) Urban design guidelines for properties fronting on Julian Street, Spann Street, Oregon Street, Dealey Street, and Morgan Street. (1) Purpose. The purpose of these urban design guidelines is to enhance the pedestrian environment by increasing safety measures and providing amenities, and to preserve the historic character of Old Oak Cliff. (2) CPTED review. Compliance with CPTED review standards is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (3) Lighting. Exterior lighting of the front yard and parking areas must be directed away from adjoining properties. (4) Reflective glass. Maximum permitted luminous reflectance of glass used as an exterior building material varies depending on where the reflective glass is used on the building. The luminous reflectance of glass used on the exterior of the first two stories of a building may not exceed 15 percent. The luminous reflectance of exterior glass used above the first two stories of the building may not exceed 27 percent. (5) Screening of outdoor storage. provided by Section 51A-4.602(b).

Outside storage must be screened as

Z123-372(MW)

sidewalk.

(6)

Sidewalks. Buildings must be set back at least six feet from the required

(7) Street trees. In addition to any landscaping required by Article X, trees must be planted within 10 feet of the front property line at a density of one tree for each 30 linear feet of frontage, excluding visibility triangles, driveways, and points of ingress and egress to and from the property. SEC. 51P-468.107.1 (a)

SUBDISTRICT A-1 - BECKLEY RESIDENTIAL AREA.

Main uses permitted. (1)

Residential uses. -----

(2)

Transportation uses. --

(3)

Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] Multifamily. Residential hotel. Single family.

Transit passenger shelter.

Utility and public service uses. -------

Electrical substation. Local utilities. Police or fire station. Post office. Tower/antenna for cellular communication. Utility or government installation other than listed. [SUP]

Yard, lot, and space regulations.

(1) Application of subsection. The following yard, lot, and space regulations apply to all properties within Subdistrict A-1. (2) In general. The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. In the event of a conflict between this section and Division 51A-4.400, this subsection controls.) (3) Front yard. Minimum front yard is 15 feet. (4)

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

(5)

Density. Maximum number of dwelling units is 23.

Z123-372(MW) (6)

Floor area ratio. Maximum floor area ratio is 3:1.

(7)

Height. Maximum structure height is 50 feet.

(8) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (9)

Lot size. No minimum lot size.

(10)

Stories. No maximum number of stories.

(d) Off-street parking and loading. Consult the use regulations contained in Division 51A-4.200 for the specific off-street parking/loading requirements for each use. (e)

Environmental performance standards. See Article VI.

(f)

Landscaping.

(1) For a shared access development, landscaping must be provided in accordance with all provisions set forth in this paragraph. (A) Treatment as a single lot. For purposes of landscape regulations, a shared access development is treated as a single lot. (B) Landscape site area designation. A minimum of 20 percent of the shared access development must be designated as landscape site area. Permeable pavement for motor vehicles does not count as a part of the landscape site area. (C)

Trees.

(i) Site trees. One tree must be provided for every 4,000 square feet within the shared access development. A minimum of 50 percent of these site trees must be planted within the rear 50 percent of the shared access development. Every site tree must have a planting area of at least 25 square feet. The trunk of any site tree must be located more than two-and-one-half feet from any pavement. (ii) Street trees. All street trees must be large canopy trees. One large canopy tree must be provided for every 25 feet of frontage, with a minimum of two trees required. These trees must be located within the public right-of-way. Article X.

(g) Article VII.

(2)

For all other uses, landscaping must be provided in accordance with

(3)

All plant materials must be maintained in a healthy, growing condition.

Signs. Signs must comply with the provisions for non-business zoning districts in

Z123-372(MW) (h)

Additional provisions.

(1) Property in this subdistrict must be properly maintained in a state of good repair and neat appearance. (2) Development and use of property in this subdistrict must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P-468.107.2. (a)

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

Main uses permitted.

(1) In general. Except for transit passenger shelter and local utilities, nonresidential uses must be part of a live/work unit and located in buildable area 2 as shown on the Subdistrict A-2 conceptual plan. (2)

Commercial and business service uses. -----

(3)

Industrial uses. --

(4)

Art gallery. General merchandise or food store 3,500 square feet or less. Personal service uses. Restaurant without drive-in or drive-through service.

Transportation uses. --

(8)

Multifamily.

Retail and personal service uses. -----

(7)

Office.

Residential uses. --

(6)

Industrial (inside) for light manufacturing. [Limited to 1,000 square feet. Street level only.]

Office uses. --

(5)

Artisan and specialty goods shop. Art or craft production facility. Catering service. Live/work unit.

Transit passenger shelter.

Utility and public service uses. --

Local utilities.

Z123-372(MW) (b) 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. (c)

Yard, lot, and space regulations.

(1) In general. The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. If there is a conflict between this section and Division 51A-4.400, this section controls. (2)

Front yard. (A)

Minimum front yard. Minimum front yard is five feet.

(B)

Buildable area 1.

(i) A minimum of 65 percent of the easement frontage must have a building facade located within 0 and 15 feet of the wastewater easement. (ii) The required setback from the wastewater easement is measured from the northernmost line of the easement shown on the Subdistrict A-2 conceptual plan. (iii) A permit must be issued for a building in buildable area 2 that meets the minimum frontage requirement in Subparagraph (C) before the issuance of a permit to construct a building in buildable area 1. (C)

Buildable area 2. (i)

Maximum front yard is 15 feet.

(ii) A minimum of 65 percent of the lot frontage must have a building facade located between the minimum and maximum front yard. (3)

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

(4) Density. Minimum density is 55 dwelling units per acre. No maximum dwelling unit density. (5)

Floor area ratio. No maximum floor area ratio.

(6)

Height. Maximum structure height is 78 feet.

(7) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (8)

Lot size. No minimum lot size.

(9) Stories. Minimum number of stories above grade is two. number of stories above grade is five.

Maximum

Z123-372(MW) (d)

Off-street parking and loading.

(1) In general. Except as provided in this subsection, consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. (2)

Multifamily.

(A) On-street parking reduction. Any on-street parking spaces may be counted as a reduction of the parking requirement of the use adjacent to the on-street parking space. (i) An on-street parking space may not be used to reduce the required parking for more than one use, except that an on-street parking space may be used to reduce the combined total parking requirement for a mixed-use project. (ii) An on-street parking space that is not available to the public at all times of the day may only be counted as a partial parking space in proportion to the amount of time that it is available. For example, a parking space that is available to the public only eight hours per day will be counted as one-third of a parking space (8 รท 24 = one-third). The total of the limited-availability parking spaces will be counted to the nearest whole number, with one-half counted as an additional space. (B) Bicycle parking. One bicycle parking space per 10 dwelling units is required. A minimum of 25 percent of the required bicycle parking spaces must be unassigned and available for guest parking. The remaining required bicycle parking spaces must be secure and located within an enclosed structure. (C) Street car parking reduction. If a street car stop is located within a walking distance of 1,500 feet, the off-street parking requirement is 1.1 spaces per dwelling unit. (3) Live/work units. Live/work units must comply with the parking requirements for multifamily uses. The nonresidential portion of a live/work unit does not require additional parking or loading above the minimum requirement for a multifamily use; however, the minimum parking requirement in Division 51A-4.200 or this section must be available and unassigned and must be located on site or within the adjacent public right-of-way. (4) Artisan and specialty goods shop or art or craft production facility. One space per 500 square feet of floor area is required. (5)

Art gallery. One space per 200 square feet of floor area is required.

(e)

Environmental performance standards. See Article VI.

(f)

Landscaping.

(g)

(1)

Landscaping must be provided in accordance with Article X.

(2)

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

Landscaping in the parkway. (1) Private license granted.

Z123-372(MW)

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

Parkway landscape permit.

(i) It is the responsibility of the property owner to apply for and obtain a parkway landscape permit before locating trees, landscaping, or related amenities in the parkway. An application for a parkway landscape permit must be made to the building official. The application must be in writing on a form approved by the building official and accompanied

Z123-372(MW) by plans or drawings showing the area of the parkway affected and the planting or other amenities proposed. (ii) Upon receipt of the application and any required fees, the building official shall circulate it to all affected city departments and utilities for review and comment. If, after receiving comments from affected city departments and utilities, the building official determines that the construction, planting, or other amenities proposed will not be inconsistent with and will not unreasonably impair the public use of the right-of-way, the building official shall issue a parkway landscape permit to the property owner; otherwise, the building official shall deny the permit. (iii) A property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the building official's denial of a parkway landscape permit. (iv) A parkway landscape permit issued by the building official is subject to immediate revocation upon written notice if at any time the building official determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. The property owner is not required to comply with any parkway landscaping requirement of this section if compliance is made impossible due to the building official's revocation of a parkway landscape permit. (v) The issuance of a parkway landscape permit under this subsection does not excuse the property owner, his agents, or employees from liability for the installation or maintenance of trees or other amenities in the public right-of-way. (h) Article VII.

Signs. (1)

Signs must comply with the provisions for non-business zoning districts in

(2) For the purpose of projecting signs, a live/work unit is considered a nonresidential premise. Projecting signs are limited to a maximum of 10 square feet of effective area. (i)

Urban design guidelines.

(1) Purpose. The purpose of these urban design guidelines is to enhance the pedestrian environment by increasing safety measures and providing amenities; preserve the historic character of Old Oak Cliff; and enhance the safety factors for heavily traveled major thoroughfares. For the purpose of these urban design guidelines, a live/work unit is considered a dwelling unit. (2)

Street-facing ground-floor dwelling units.

(A) A minimum of 80 percent of the street-facing, ground-floor dwelling units must have individual entries that access the street and must have an improved path connecting to the sidewalk. (B) Individual entries may be gated and private yards or patios may be fenced if the fencing is a minimum 70 percent open, such as wrought iron.

Z123-372(MW) (C) A minimum of 60 percent of the street-facing, ground-floor dwelling units must have an individual entrance or patio within six to 30 inches above the finished sidewalk grade. (D) Construction of stoops or porches at each street-facing, groundfloor dwelling unit is encouraged. (E) For a live/work unit, the second floor shall be the maximum height allowed above the finished floor without the requirement of a mid-stair landing. (F) The street-facing facade of a live/work unit must provide the following fenestration for the portions of the ground floor that has floor area. If an enclosed parking area within a live/work unit is converted to floor area, the entire street-facing facade of the ground level must comply with the following fenestration requirements. (i) Windows and doors must contain clear and unpainted or similarly treated glass that provides a transparent surface (spandrel glass or back-painted glass is prohibited). (ii) Windows and doors are required at a minimum of 50 percent of the street-fronting, street-level facade. the base of the structure.

(3)

(iii)

Windows must be located a maximum of three feet above

(iv)

Windows must be at least 10 feet in height.

Architectural elements.

(A) Maximum permitted luminous reflectance of glass used as an exterior building material above the first two stories of the building may not exceed 27 percent. (B) To break up long walls, building articulation of a minimum depth of one foot is required for every 50 feet of length of a street-facing facade. (C) A minimum of two different facade materials or colors is required on each street-facing facade. (D) Special architectural elements, such as architecturally prominent public entrances, a canopy or awning, or an attached tower or turret, are required at building public entry points. A minimum of two elements are required for buildable area 1 and a minimum of one element is required for buildable area 2. (4) Parking structures. Parking structure facades must be concealed with a facade that is similar in materials, architecture, and appearance to the facade of the main structure or the adjacent structure, except that breaks in the exterior parking structure facade not exceeding 40 feet in width are permitted at driveway and entryway locations. Openings in the exterior parking structure facade may not exceed 60 percent of the total parking structure facade area. Solid screening that is a minimum of 42 inches in height from the floor level within the parking structure is required to screen vehicles and vehicle headlights. Other openings must be screened with architectural grill work or other visual screening materials that provide ventilation. Cable guard strands must not be visible from the exterior of the parking structure.

Z123-372(MW) (5)

Pedestrian amenities.

(A) along each street frontage.

A minimum of two benches and two trash receptacles are required

(B) Pedestrian scale lighting must be provided at an average of one lighting fixture per 75 feet of street frontage. Lighting fixtures may be attached or detached. (C) A minimum sidewalk width of eight feet must be provided with a minimum unobstructed width of five feet. Trees and tree grates are sidewalk obstructions. (D) Pedestrian crossings at driveways must be distinguished by a change in surface materials such as pavers or patterned concrete. Pedestrian crossings may not be distinguished by paint alone. (6) Open space. A minimum of eight percent of the lot area must be provided as open space. Open space may be provided at or below grade or above ground through the use of an outside roof deck, rooftop garden, pool area, or similar type of outside common area. Open space cannot be parked on or driven upon. (7) CPTED review. Compliance with Crime Prevention Through Environmental Design (CPTED) review standards is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (8)

Street trees.

(A) In addition to any landscaping required by Article X, trees must be planted within 10 feet of the front property line or within the parkway at a density of one tree for each 30 linear feet of frontage, excluding visibility triangles, driveways, and points of ingress and egress to and from the Property. (B) The following small trees may be provided to comply with this requirement in areas where a conflict exists due to above or below ground utilities: (i)

Crepe Myrtle (Lagerstroemia indica)

(ii)

Redbud (Cercis canadensis)

(iii)

Desert Willow (Chilopsis linearis)

(iv)

Yaupon Holly (Ilex vomitoria)

(v)

Mexican Plum (Prunus mexicana)

(9) Paving. Architecturally enhanced paving is encouraged adjacent to Greenbriar Lane and for parking areas visible from an improved public street. (j)

Additional provisions. (1)

A live/work unit may:

Z123-372(MW) (A) only have customers on the premises between 7:00 a.m. and 9:00 p.m., Monday through Sunday; (B)

only have material deliveries and pick-ups twice per week or less;

(C)

not allow work-related activities to occur outside;

(D)

not have outdoor displays; and

(E) not generate loud and raucous noise that renders enjoyment of life or property uncomfortable or interferes with public peace and comfort. (2) A stucco system used as a facade material must have a minimum thickness of a half inch. (3) Property in this subdistrict must be properly maintained in a state of good repair and neat appearance. (4) Development and use of the Property in this subdistrict must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P-468.108. (a)

SUBDISTRICT B - OAK FARMS COMMERCIAL AREA.

Main uses permitted. (1)

Commercial and business service uses. -----------

(2)

Industrial uses. --

(3)

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

Institutional and community service uses. ------

Child-care facility. Church. Convalescent and nursing homes, hospice care, and related institutions. [SUP] Public or private school. Library, art gallery, or museum.

Z123-372(MW) (4)

Lodging uses. --

(5)

Miscellaneous uses. --

(6)

Private recreation center, club, or area. Public park, playground, or golf course.

Residential uses. -------

(9)

Financial institution without drive-in window. Financial institution with drive-in window. Medical clinic or ambulatory surgical center. Office.

Recreation uses. ---

(8)

Temporary construction or sales office.

Office uses. -----

(7)

Hotel or motel. [SUP required if less than 80 rooms.]

Duplex. Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] Multifamily. Single family. Retirement housing. The residential uses listed above are also permitted as a use category within a mixed use project. To qualify as a mixed use project, a development must contain residential uses and one or more of the other use categories, and the combined floor areas of the uses in each category must equal or exceed the following percentages of the total floor area of the project: Use Category

Percentage of Total Floor Area

Lodging Office Residential Retail and personal service

10 percent 15 percent 10 percent 5 percent

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

Ambulance service. Animal shelter or clinic without outside run. Auto service center. Car wash. [Tunnel unit type only.] Commercial amusement (outside). [SUP] Dry cleaning or laundry store. Furniture store. General merchandise or food store 3,500 square feet or less.

Z123-372(MW)

feet.

General merchandise or food store greater than 3,500 square

Home improvement center, lumber, brick, or building materials sales yard. Household equipment and appliance repair. Mortuary, funeral home, or commercial wedding chapel. Motor vehicle fueling station. Nursery, garden shop, or plant sales. Personal service uses. Restaurant without drive-in or drive-through service. Restaurant with drive-in or drive-through service. Temporary retail store. Theater. Vehicle display, sales, and service.

----------(10)

Transportation uses. --

(11)

Transit passenger shelter.

Utility and public service uses. -------

Electrical substation. Local utilities. Police or fire station. Post office. Tower/antenna for cellular communication. Utility or government installation other than listed. [SUP]

Yard, lot, and space regulations.

(1) Application of subsection. The following yard, lot, and space regulations apply to all properties within Subdistrict B except as provided in the urban design guidelines for properties fronting on specific streets. (2) In general. The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, this subsection controls. (3)

Front yard. Minimum front yard is 15 feet.

(4)

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

(5)

Density. No maximum density.

(6)

Floor area. Maximum floor area ratio is 1.5:1.

Z123-372(MW) (7) Height. Maximum structure height to the south of Colorado Boulevard is 54 feet. Maximum structure height to the north of Colorado Boulevard is 95 feet. (8)

Lot coverage. Maximum lot coverage is 80 percent.

(9)

Lot size. No minimum lot size.

(10) Stories. Maximum number of stories above grade to the south of Colorado Boulevard is four. Maximum number of stories above grade to the north of Colorado Boulevard is seven. (d) Off-street parking and loading. Consult the use regulations contained in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. (e)

Environmental performance standards. See Article VI.

(f)

Landscaping. (1)

All landscaping must be provided in accordance with Article X.

(2)

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

(g) Signs. Signs must comply with the provisions for business zoning districts contained in Article VII. (h) appearance.

Additional provisions. (1)

Properties must be maintained in a state of good repair and neat

(2) Development and use of the properties must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (i) Urban design guidelines for properties fronting on Jefferson Boulevard from the Trinity River to Eighth Street; Lancaster Boulevard north of Colorado Boulevard; and Marsalis Street north of Colorado Boulevard. (1) Purpose. The purpose of these urban design guidelines is to enhance the pedestrian environment by increasing safety measures and providing amenities; preserve the historic character of Old Oak Cliff; and enhance the safety factors for heavily traveled major thoroughfares. (2) CPTED review. Compliance with CPTED review is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (3)

Front yard. Minimum front yard is 15 feet. Maximum front yard is 30 feet.

(4) Lighting. Exterior lighting of the front yard and parking areas must be directed away from adjoining properties. (5)

Parking lots.

Z123-372(MW)

(A) Screening methods. All off-street surface parking lots, excluding driveways used for ingress or egress, must be screened from the street by using one or more of the following three methods to separately or collectively attain a minimum height of three feet above the parking surface: (i)

wood wall or fence.

Brick, stone, or concrete masonry; stucco; concrete; or

(ii) Earthen berm planted with turf grass or ground cover recommended for local area use by the director of parks and recreation. The berm may not have a slope that exceeds one foot of height for each two feet of width. (iii) Evergreen plant materials recommended for local area use by the director of parks and recreation. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years. (B) Measuring the height of screening. The height of screening is measured from the horizontal plane passing through the nearest point of the surface of the parking lot. Screening may be placed in a visibility triangle as defined in the visual obstruction regulations in Section 51A-4.602(c). Any screening placed in a visibility triangle must be two and one-half feet in height measured from the top of the adjacent street curb. If there is no adjacent street curb, the measurement is taken from the grade of the portion of the street adjacent to the visibility triangle. (6) Reflective glass. Maximum permitted luminous reflectance of glass used as an exterior building material varies depending on where the reflective glass is used on the building. The luminous reflectance of glass used on the exterior of the first two stories of a building may not exceed 15 percent. The luminous reflectance of exterior glass used above the first two stories of the building may not exceed 27 percent. (7) Street trees. In addition to any landscaping required by Article X, trees must be planted within 10 feet of the front property line at a density of one tree for each 30 linear feet of frontage, excluding visibility triangles, driveways, and points of ingress and egress to and from the property. (Ord. Nos. 23057; 26042) SEC. 51P-468.109. (a)

SUBDISTRICT C - LAKE CLIFF RESIDENTIAL AREA.

Main uses permitted. (1)

Institutional and community service uses. ----

institutions. (2)

Child-care facility. Church. Convalescent and nursing homes, hospice care, and related

-Public or private school. Recreation uses.

Z123-372(MW)

-(3)

Residential uses. ------

(4)

Duplex. Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] Multifamily. Single family. West of Marsalis Avenue, single family is the only permitted residential use on the following lots: (i)

Lots that were vacant on March 12, 1997.

(ii)

Lots on which structures are removed, demolished, or destroyed by the intentional act of the owner or his agent.

West of Marsalis Avenue, the number of dwelling units on a lot may not be increased. If the number of dwelling units on a lot is reduced, the lot is thereafter limited to the lesser number of dwelling units.

Transportation uses. --

(5)

Public park, playground, or golf course.

Transit passenger shelter.

Utility and public service uses. --

Local utilities.

Yard, lot, and space regulations.

(1) Application of subsection. The following yard, lot, and space regulations apply to all properties within Subdistrict C. (2) In general. The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, this subsection controls. (3) Front yard. Minimum front yard is 15 feet, except that west of Marsalis Avenue minimum front yard for the R-7.5(A) Single Family District applies. (4)

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

(5) (6)

Density. Maximum dwelling unit density is 30 units per acre. Floor area ratio. No maximum floor area ratio.

Z123-372(MW)

(7)

Height. Maximum structure height is 36 feet.

(8)

Lot coverage. Maximum lot coverage is 45 percent.

(9)

Lot size. No minimum lot size.

(10)

Stories. No maximum number of stories.

(d) Off-street parking and loading. Consult the use regulations contained in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. (e)

Environmental performance standards. See Article VI.

(f)

Landscaping. (1)

All landscaping must be provided in accordance with Article X.

(2)

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

(g) Signs. Signs must comply with the provisions for business zoning districts contained in Article VII. (h) CPTED review. Compliance with CPTED review standards is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (i) appearance.

Additional provisions. (1)

Properties must be maintained in a state of good repair and neat

(2) Development and use of the properties must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P-468.110.

SUBDISTRICT C-1 - LAKE CLIFF NEIGHBORHOOD SERVICE AREA.

(a) Main uses permitted. The uses permitted in this district are those uses permitted in the NS(A) Neighborhood Service District, subject to the same conditions applicable in the NS(A) Neighborhood Service District, as set out in the Dallas Development Code. For example, a use permitted in the NS(A) Neighborhood Service District only by specific use permit (SUP) is permitted in this subdistrict only by SUP; a use subject to development impact review (DIR) in the NS(A) Neighborhood Service District is subject to DIR in this subdistrict; etc. (b)

Yard, lot, and space regulations.

(1) Application of subsection. The following yard, lot, and space regulations apply to all properties within Subdistrict C-1.

Z123-372(MW) (2) In general. The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, this subsection controls. (3)

Front yard. Minimum front yard is 15 feet.

(4)

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

(5)

Density. Maximum dwelling unit density is 30 units per acre.

(6)

Floor area ratio. No maximum floor area ratio.

(7)

Height. Maximum structure height is 36 feet.

(8)

Lot coverage. Maximum lot coverage is 45 percent.

(9)

Lot size. No minimum lot size.

(10)

Stories. No maximum number of stories.

(c) Off-street parking and loading. Consult the use regulations contained in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. (d)

Environmental performance standards. See Article VI.

(e)

Landscaping. (1)

All landscaping must be provided in accordance with Article X.

(2)

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

(f) Signs. Signs must comply with the provisions for business zoning districts contained in Article VII. (g) CPTED review. Compliance with CPTED review standards is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (h) appearance.

Additional provisions. (1)

Properties must be maintained in a state of good repair and neat

(2) Development and use of the properties must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city.

Z123-372(MW) SEC. 51P-468.111. (a)

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

Main uses permitted. (1)

Commercial and business service uses. ------

(2)

Industrial uses. --

(3)

----

Temporary construction or sales office.

Office uses. -----

(7)

Hotel or motel. [SUP required if less than 80 rooms.]

Miscellaneous uses. --

(6)

Adult day care facility. Child-care facility. Church. College, university, or seminary. Convalescent and nursing homes, hospice care, and related institutions. [SUP] Hospital. [SUP] Library, art gallery, or museum. Public or private school.

Lodging uses. --

(5)

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

Institutional and community service uses. ------

(4)

Catering service. Custom business services. Electronics service center. Medical or scientific laboratory. [SUP] Tool or equipment rental. [No outside display or storage.]

Financial institution without drive-in window. Financial institution with drive-in window. [SUP] Medical clinic or ambulatory surgical center. Office.

Recreation uses. ---

Private recreation center, club, or area. Public park, playground, or golf course.

Z123-372(MW) (8)

Residential uses.

----

College dormitory, fraternity or sorority house. Duplex. Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] -Multifamily. -Single family. -Retirement housing. -Single family and duplex uses are also permitted as a use category within a mixed use project. To qualify as a mixed use project, a development must contain single family or duplex residential uses and one or more of the other use categories, and the combined floor areas of the uses in each category must equal or exceed the following percentages of the total floor area of the project:

(9)

Use Category

Percentage of Total Floor Area

Lodging Office Residential Retail and personal service

10 percent 15 percent 10 percent 5 percent

Retail and personal service uses.

less.

------

Auto service center. Commercial parking lot or garage. Dry cleaning or laundry store. Furniture store. General merchandise or food store 3,500 square feet or

General merchandise or food store greater than 3,500 square feet. Mortuary, funeral home, or commercial wedding chapel. Motor vehicle fueling station. Nursery, garden shop, or plant sales. [SUP] Personal service uses. Restaurant without drive-in or drive-through service. Restaurant with drive-in or drive-through service. [SUP] Temporary retail use. Theater.

--------(10)

Transportation uses. ---

(11)

Helistop. [SUP] Transit passenger shelter.

Utility and public service uses. -----

Electrical substation. Local utilities. Police or fire station. Post office.

Z123-372(MW) --(b)

Tower/antenna for cellular communication. Utility or government installation other than listed. [SUP]

Yard, lot, and space regulations.

(1) Application of subsection. The following yard, lot, and space regulations apply to all properties within Subdistricts D and D-2 except as provided in the urban design guidelines for all nonresidential uses. (2) In general. The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, this subsection controls. (3) Front yard. For Subdistrict D and for nonresidential uses in Subdistrict D2, minimum front yard is 25 feet, and maximum front yard is 30 feet. For residential uses in Subdistrict D-2, minimum front yard is 15 feet. 10 feet.

(4)

Side and rear yard. Minimum side yard is 10 feet. Minimum rear yard is

(5) Density. Maximum dwelling unit density is 50 units per acre provided, however, that if the dwelling unit density is 35 units per acre or more, development impact review pursuant to Section 51A-4.800, with review and approval by the director pursuant to Section 51A-4.803(e), is required. Appeals from decisions on development impact review will be made pursuant to Section 51A- 4.803(i). (6) Floor area ratio. Maximum floor area ratio is 1.6:1, except that maximum floor area ratio for office uses is 3.0:1. (7) Height. Maximum structure height to the east of Plowman Avenue is 270 feet. Maximum structure height to the west of Plowman Avenue is 135 feet. (8)

Lot coverage. Maximum lot coverage is 80 percent.

(9)

Lot size. No minimum lot size.

(10) Stories. Maximum number of stories to the east of Plowman Avenue is 20. Maximum number of stories to the west of Plowman Avenue is 10. (c)

Off-street parking and loading.

(1) In general. Consult the use regulations contained in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. (2) Screening. All off-street surface parking lots, excluding driveways used for ingress or egress, must be screened from the street by using one or more of the following three methods to separately or collectively attain a minimum height of three feet above the parking surface. or fence.

(A)

Brick, stone, or concrete masonry; stucco; concrete; or wood wall

Z123-372(MW) (B) Earthen berm planted with turf grass or ground cover recommended for local area use by the director of parks and recreation. The berm may not have a slope that exceeds one foot of height for each two feet of width. (C) Evergreen plant materials recommended for local area use by the director of parks and recreation. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years. (3) Measuring the height of screening. The height of screening is measured from the horizontal plane passing through the nearest point of the surface of the parking lot. Screening may be placed in a visibility triangle as defined in the visual obstruction regulations in Section 51A-4.602(c). Any screening placed in a visibility triangle must be two and one-half feet in height measured from the top of the adjacent street curb. If there is no adjacent street curb, the measurement is taken from the grade of the portion of the street adjacent to the visibility triangle. (d)

Environmental performance standards. See Article VI.

(e)

Landscaping. (1)

All landscaping must be provided in accordance with Article X.

(2)

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

(f) Signs. Signs must comply with the provisions for business zoning districts contained in Article VII. (g)

Urban design guidelines for all nonresidential uses.

(1) Purpose. The purpose of these urban design guidelines is to enhance the pedestrian environment by increasing safety measures and providing amenities and to preserve the historic character of Old Oak Cliff. (2) Lighting. Exterior lighting of the front yard and parking areas must be directed away from adjoining properties. (3) Street trees. In addition to any landscaping required by Article X, trees must be planted within 10 feet of the front property line at a density of one tree for each 30 linear feet of frontage, excluding visibility triangles, driveways, and points of ingress and egress to and from the property. (4) CPTED review. Compliance with CPTED review standards is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (5) Reflective glass. Maximum permitted luminous reflectance of glass used as an exterior building material varies depending on where the reflective glass is used on the building. The luminous reflectance of glass used on the exterior of the first two stories of a

Z123-372(MW) building may not exceed 15 percent. The luminous reflectance of exterior glass used above the first two stories of the building may not exceed 27 percent. (h) appearance.

Additional provisions. (1)

Properties must be maintained in a state of good repair and neat

(2) Development and use of the properties must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (Ord. Nos. 23057; 26042; 26190) SEC. 51P-468.112. (a)

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

Main uses permitted. (1)

Commercial and business service uses. -----

(2)

Institutional and community service uses. ----------

(3)

Hotel or motel. [SUP]

Miscellaneous uses. --

(5)

Adult day care facility. [SUP] Child-care facility. [SUP] Church. College, university, or seminary. Community service center. Convalescent and nursing homes, hospice care, and related institutions. [By right in Tract 1; otherwise, by SUP.] Hospital. [SUP] Library, art gallery, or museum. Public or private school.

Lodging uses. --

(4)

Catering service. Custom business services. Electronics service center. Medical or scientific laboratory. [SUP]

Temporary construction or sales office.

Office uses. -----

Financial institution without drive-in window. Financial institution with drive-in window. [SUP] Medical clinic or ambulatory surgical center. Office.

Z123-372(MW) (6)

Recreation uses. ---

(7)

Private and public recreation center, club, or area. Public park, playground, or golf course.

Residential uses. ----

College dormitory, fraternity or sorority house. Duplex. Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] -Multifamily. -Retirement housing. -Single family. -Single family and duplex residential uses are also permitted as a use category within a mixed use project. To qualify as a mixed use project, a development must contain single family or duplex residential uses and one or more of the other use categories, and the combined floor areas of the uses in each category must equal or exceed the following percentages of the total floor area of the project:

(8)

feet.

Percentage of Total Floor Area

Lodging Office Residential Retail and personal service

10 percent 15 percent 10 percent 5 percent

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

Commercial parking lot or garage. Dry cleaning or laundry store. Furniture store. General merchandise or food store 3,500 square feet or less. General merchandise or food store greater than 3,500 square

-----

Mortuary, funeral home, or commercial wedding chapel. Motor vehicle fueling station. [Maximum of eight pumps.] Nursery, garden shop, or plant sales. [SUP] Personal service uses. [Bail bond office, and tattoo or body piercing studio uses are prohibited.] Restaurant without drive-in or drive-through service. Restaurant with drive-in or drive-through service. [By right in Tract 1; otherwise, by SUP.] Temporary retail use. Theater.

----(9)

Use Category

Transportation uses. ---

Helistop. [SUP] Transit passenger shelter.

Z123-372(MW) (10)

Utility and public service uses. --------

Electrical substation. Local utilities. Police or fire station. Post office. Radio, television, or microwave tower. [By right as an accessory use when located on a tract serving a main use; otherwise, by SUP.] Tower/antenna for cellular communication. [SUP] Utility or government installation other than listed. [SUP]

(b) Accessory uses. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (c) Yard, lot, and space regulations. The following yard, lot, and space regulations apply to all properties within Subdistrict D-1, except as provided in the urban design guidelines for all nonresidential uses. (Note: The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, this subsection controls. (1)

Front yard.

(A) Minimum front yard is as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. a required front yard.

(B)

For Tract 2, fences, carports, and security gates may be located in

(2) Side and rear yard. Minimum side and rear yard is as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. (3)

Density.

(A) Except as provided below, maximum dwelling unit density is 50 units per acre, provided, however that if the dwelling unit density is 35 units per acre or more, development impact review pursuant to Section 51A-4.803(e) is required. Appeals from decisions on development impact review will be made pursuant to Section 51A-4.803(i). (B) For Tract 1, maximum number of dwelling units is 400. A development impact review under Section 51A-4.803(e) is not required. (C) For Tract 2, maximum number of dwelling units is 57 and dwelling units must be located as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. (4)

Floor area.

(A) Except as provided below, maximum floor area ratio is 1.6, except that maximum floor area ratio for office uses is 3.0.

Z123-372(MW) (B) For Tract 1, maximum floor area is 30,000 square feet for nonresidential uses and 400,000 square feet for residential uses. The floor area must be located within the building setbacks as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. (C) For Tract 3, maximum floor area is 10,500 square feet and the floor area must be located within the building setbacks as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. (5)

Height.

(A) For Tract 1, maximum structure height is 156 feet as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. (B) For Tract 2, maximum structure is 153 feet as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. (C) For Tract 3, maximum structure height is 35 feet as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. (6)

Lot coverage.

(A) For Tract 1, except as provided in this subparagraph, maximum lot coverage is 80 percent. Aboveground parking structures do not count toward lot coverage if at least 50 percent of their off-street parking spaces are dedicated to residential uses and at least 60 percent the roof surface is a landscape area as defined in Article X. Any portion of a building that is above 75 feet in height, measured along the west boundary of Tract 1 (Plowman right-ofway) may not have a floor plate greater than 60 percent of the lot.

(d)

(B)

For Tract 2, maximum lot coverage is 32 percent.

(C)

For Tract 3, maximum lot coverage is 80 percent.

(7)

Lot size. No minimum lot size.

(8)

Stories. (A)

For Tract 1, maximum number of stories is 15.

(B)

For Tract 2, maximum number of stories is 12.

(C)

For Tract 3, maximum number of stories is two.

Off-street parking and loading.

(1) Except as provided below, consult the use regulations contained in Division 51A-4.200 for the specific off-street parking/loading requirements for each use. (A) For any permitted nonresidential use developed on Tract 1, no more than one head-in parking space may be credited for each nine feet of frontage along Plowman Avenue, with no more than 21 head-in parking spaces being provided as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. The head-in or parallel parking on

Z123-372(MW) Plowman Avenue or Oakenwald Street as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan is not required. (B) The property owner must stripe the head-in parking spaces in accordance with city striping standards up to a distance of eight feet from the curb. (C) The following off-street parking requirements apply for an accessory community center (private) use on Tract 1: A minimum of one space per 500 square feet of floor area. (D) The following off-street parking requirements apply for a multifamily use on Tract 1: A minimum of one-and-one half spaces are required for each dwelling unit. (E) multifamily use on Tract 2:

The following off-street parking requirements apply for a

(i) each dwelling unit in the building.

A minimum of one-and-one-half spaces are required for

(ii) In addition, a minimum of three visitor spaces must be provided in the location shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan. (F) Aboveground parking structures located on Tract 1 must be constructed of materials similar to the materials used for any main structure located on Tract 1. (2) All off-street surface parking lots, excluding driveways used for ingress or egress, must be screened from the street by using one or more of the following three methods to separately or collectively attain a minimum height of three feet above the parking surface: or fence.

(A)

Brick, stone, or concrete masonry; stucco; concrete; or wood wall

(B) Earthen berm planted with turf grass or ground cover recommended for local area use by the director of parks and recreation. The berm may not have a slope that exceeds one foot of height for each two feet of width. (C) Evergreen plant materials recommended for local area use by the director of parks and recreation. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years. (D) The height of screening is measured from the horizontal plane passing through the nearest point of the surface of the parking lot. Screening may be placed in a visibility triangle as defined in the visual obstruction regulations in Section 51A-4.602(c). Any screening placed in a visibility triangle must be two and one-half feet in height measured from the top of the adjacent street curb. If there is no adjacent street curb, the measurement is taken from the grade of the portion of the street adjacent to the visibility triangle.

Z123-372(MW) (e)

Environmental performance standards. See Article VI.

(f)

Landscaping.

(1) For Tracts 1 and 2, landscaping must be provided and located as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan prior to the issuance of a certificate of occupancy. (2) For Tract 3, in addition to the street trees located as shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan, landscaping must be provided in accordance with Article X. (3)

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

(g) Landscaping in the parkway. In this section, parkway means the portion of a street right-of-way between the projected street curb and the lot line of the Property. (1)

Private license granted.

(A) The city council hereby grants a revocable, non-exclusive license to the owners, or with the written consent of the owner, to the tenants (“property owner”) of all property in this district for the exclusive purpose of authorizing compliance with the parkway landscaping requirements of this article. A property owner is not required to pay an initial or annual fee for this license, although a fee may be charged for issuance of a parkway landscape permit in accordance with the Dallas Building Code, or Paragraph (2) of this section. This private license shall not terminate at the end of any specific time period, however, the city council reserves and has the absolute right to terminate this license at will, by resolution passed by the city council, any time such termination becomes necessary. The determination by the city of the necessity for such termination shall be final and binding and the city shall become entitled to possession of the premises without giving any notice and without the necessity of legal proceedings to obtain possession whenever in its judgment the purpose or use of this license is inconsistent with the public use of the right-of-way or when the purpose or use of this license is likely to become a nuisance or a public safety issue. Upon termination of the license by the director, each property owner shall remove all improvements and installations in the public rights-of-way in a manner satisfactory to the director of public works and transportation. (B) A property owner is not required to comply with any landscaping requirement if compliance is made impossible due to the director's revocation of a landscape permit or the revocation of the license granted herein affecting landscaping. (C) Upon the installation of landscaping and related amenities, such as irrigation systems, in the public rights-of-way, the property owner shall procure, pay for, and keep in full force and effect commercial general liability insurance coverage with an insurance company authorized to do business in the State of Texas and otherwise acceptable to the city, covering, but not limited to, the liability assumed under the license granted herein, with combined single limits of liability for bodily injury and property damage of not less than $1,000,000 for each occurrence, $2,000,000 annual aggregate. Coverage under this liability policy shall be on an “occurrence” basis and the city shall be named as additional insured. Proof of such insurance shall be sent to: Office of Risk Management, City of Dallas, 1500 Marilla, 1/C/North, Dallas, Texas 75201 and the policy shall provide for 30 days prior written notice to the Office of Risk Management of cancellation, expiration, non-renewal or material change in coverage. All subrogation rights for loss or damage against the city are hereby waived to the extent same are covered by this liability insurance policy.

Z123-372(MW) (D) Each property owner shall be responsible for maintaining the landscaping and related amenities in good repair and condition and to keep the premises safe and from deteriorating in value or condition, at no expense to the city, and the city shall be absolutely exempt from any requirements to make repairs or to maintain the landscaping and related amenities. The granting of a license for landscaping and related amenities under this section does not release the property owner from liability in the installation or maintenance of trees, landscaping, and related amenities in the public right-of-way. (2)

Parkway landscape permit.

(A) It is the responsibility of the property owner to apply for and obtain a parkway landscape permit before locating trees, landscaping, or related amenities in the parkway. An application for a parkway landscape permit must be made to the director of public works and transportation before an application for a building permit is made for work on the lot. The application must be in writing on a form approved by the director and accompanied by plans or drawings showing the area of the parkway affected and the planting or other amenities proposed. (B) Upon receipt of the application and any required fees, the director shall circulate it to all affected city departments and utilities for review and comment. If, after receiving comments from affected city departments and utilities, the director determines that the construction and planting or other amenities proposed will not be inconsistent with and will not unreasonably impair the public use of the right-of-way, the director shall issue a parkway landscape permit to the property owner; otherwise, the director shall deny the permit. (C) A property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the director's denial of a parkway landscape permit. (D) A parkway landscape permit issued by the director is subject to immediate revocation upon written notice if at any time the director determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. The property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the director's revocation of a parkway landscape permit. (E) The issuance of a parkway landscape permit under this paragraph does not excuse the property owner, his agents, or employees from liability in the installation or maintenance of trees or other amenities in the public right-of-way. (h)

Signs.

(1) Except as provided below, signs must comply with the provisions for business zoning districts contained in Article VII. (2) A maximum of three monument signs are permitted at the locations shown on the Tract 1 and 3 Conceptual Plan/Tract 2 Development Plan.

Z123-372(MW) (i)

Urban design guidelines for all nonresidential uses.

(1) Purpose. The purpose of these urban design guidelines is to enhance the pedestrian environment by increasing safety measures and providing amenities; and to preserve the historic character of Old Oak Cliff. (2) Lighting. Exterior lighting of the front yard and parking areas must be directed away from adjoining properties. (3) Street trees. In addition to any landscaping required by Article X, trees must be planted within 10 feet of the front property line at a density of one tree for each 30 linear feet of frontage, excluding visibility triangles, driveways, and points of ingress and egress to and from the property. (4) CPTED review. Compliance with CPTED review standards is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (5) Reflective glass. Maximum permitted luminous reflectance of glass used as an exterior building material varies depending on where the reflective glass is used on the building. The luminous reflectance of glass used on the exterior of the first two stories of a building may not exceed 15 percent. The luminous reflectance of exterior glass used above the first two stories of the building may not exceed 27 percent. (j) appearance.

Additional provisions. (1)

Properties must be maintained in a state of good repair and neat

(2) Development and use of properties must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P-468.113. (a)

SUBDISTRICT E - HOSPITAL AREA.

Main uses permitted. (1)

Commercial and business service uses. -----

(2)

institutions.

Catering service. Custom business services. Medical or scientific laboratory. Technical school.

Institutional and community service uses. ----

Child-care facility. Church. Convalescent and nursing homes, hospice care, and related

Public or private school.

Z123-372(MW) (3)

Lodging uses. --

(4)

Miscellaneous uses. --

(5)

---

Ambulance service. Dry cleaning or laundry store. General merchandise or food store 3,500 square feet or less. Motor vehicle fueling station. Personal service uses. Restaurant without drive-in or drive-through service. Restaurant with drive-in or drive-through service. Surface parking.

Transportation uses. ---

(10)

Duplex. Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] Multifamily. [SUP required if the density is greater than 30 dwelling units per acre.] Single family.

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

(9)

Public park, playground, or golf course.

Residential uses. ---

(8)

Medical clinic or ambulatory surgical center. Office.

Recreation uses. --

(7)

Temporary construction or sales office.

Office uses. ---

(6)

Hotel or motel. [SUP required if less than 80 rooms.]

Helistop. [SUP] Transit passenger shelter.

Utility and public service uses. -------

Electrical substation. Local utilities. Police or fire station. Post office. Tower/antenna for cellular communication. Utility or government installation other than listed. [SUP]

Z123-372(MW) (b)

Yard, lot, and space regulations.

(1) Application of subsection. The following yard, lot, and space regulations apply to all properties within Subdistrict E except as provided in the urban design guidelines for properties fronting on specific streets. (2) In general. The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, this subsection controls. (3)

Front yard. Minimum front yard is 15 feet.

(4)

Side and rear yard. Minimum side yard is 20 feet.

(5)

Density. Maximum dwelling unit density is 30 units per acre.

(6)

Floor area ratio. Maximum floor area ratio is 1.5:1.

(7)

Height. Maximum structure height is 115 feet.

(8)

Lot coverage. Maximum lot coverage is 80 percent.

(9)

Lot size. No maximum lot size.

(10)

Stories. Maximum number of stories is nine.

(c) Off-street parking and loading. Consult the use regulations contained in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. (d)

Environmental performance standards. See Article VI.

(e)

Landscaping. (1)

All landscaping must be provided in accordance with Article X.

(2)

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

(f) Signs. Signs must comply with the provisions for business zoning districts contained in Article VII. (g) appearance.

Additional provisions. (1)

Properties must be maintained in a state of good repair and neat

(2) Development and use of the properties must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (h) Urban design guidelines for properties fronting on Colorado Boulevard across from Methodist Medical Center Complex. (1)

Canopy trees. Front yards and side yards must contain canopy trees.

Z123-372(MW) (2) CPTED review. Compliance with CPTED review standards is encouraged for all construction requiring a building permit. Contact the building official plans examiner for information on CPTED review standards. (3)

Parking lots.

(i)

Brick, stone, or concrete masonry; stucco; concrete; or

PAVING.

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

COMPLIANCE WITH CONDITIONS.

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

Z123-372(MW)

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VICINITY MAP

1:6,000

Case

Z123-372

11_ /12/201 Date: _ __:_: _ _ _3_ __

Z123-372(MW)

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AERIAL MAP

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Case no: _ _

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Z123-372(MW)

School Undeveloped

Multifamily

Single family

Single family DART vehicle maintenance and storage

Z123-372(MW) CPC Responses

Z123-372(MW) 1/30/2014

Reply List of Property Owners Z123-372 53 Property Owners Notified

5 Property Owners in Favor

Reply Label # Address

1 Property Owners Opposed

Owner

1400

JEFFERSON BLVD

FIRST GLENDORA PARTNERS LTD

909

COLORADO BLVD

BELTLINE TRINITY GATEWAY

810

EADS AVE

JONES MARY ALICE

1101

COMAL ST

HUBBARD T N

812

EADS AVE

MORELAND BERTHA ESTATE OF

1025

COMAL ST

TEXAS HEAVENLY HOMES LTD

1021

COMAL ST

MARQUEZ JAVIER

200

R L THORNTON FWY

GRTP LTD

1421

JEFFERSON BLVD

TRINITY BASIN PREPARATORY

1413

JEFFERSON BLVD

HOOD WARREN W

1417

JEFFERSON BLVD

TRINITY BASIN PREPARATORY

1411

JEFFERSON BLVD

ALLEGHENY DALLAS INV

1401

JEFFERSON BLVD

GARCIA CATALINA E

815

EWING AVE

AMG/TPRF II GENEVA SUBSIDIARY 3

819

EWING AVE

MUSIYKO KONSTANTIN

731

EWING AVE

SUPPORTIVE HOUSING INC

706

EWING AVE

AMG TPRF II GENEVA SUBSID 4 LP

812

COMAL ST

TEAMES JUDY KAY

716

EWING AVE

CARSON JANICE P

720

EWING AVE

SALA LARRY J

724

EWING AVE

LEE YUNG JA

824

COMAL ST

MCCORMICK BONNIE C

820

COMAL ST

OLIVER JOHN M

1305

JEFFERSON BLVD

ADIA PARTNERSHIP LLC

1323

JEFFERSON BLVD

SRSR INC

823

SABINE ST

AVERY CHARLES E

Z123-372(MW) 1/30/2014

Reply Label # Address

Owner

817

SABINE ST

VARGAS FEDERICO &

825

SABINE ST

COX PPTIES

829

SABINE ST

MONTOYA JOSE GUADALUPE &

1024

COMAL ST

BARTH KEN

1028

COMAL ST

SALVADOR JOSE

1026

COMAL ST

JONES JAMES EARL

1020

COMAL ST

GIBSON HENRY LEE ET AL

1022

COMAL ST

TEXAS HEAVENLY HOMES LTD

1019

DODD ST

HOLMAN ETHEL

1027

SABINE ST

MARQUEZ EFRAIN

1019

SABINE ST

HAYES DIANNA

1015

SABINE ST

GOLDEN GATE ADULT REHABILITATION MINISTR

1021

DODD ST

GOLDEN GATE ADULT REHABILITATION MINISTR

1023

SABINE ST

GOLDEN GATE ADULT REHABILITATION MINISTR

1023

DODD ST

GOLDEN GATE MISSIONARY

1027

DODD ST

TRUSTEES GOLDEN GATE

1031

DODD ST

GOLDEN GATE BAPT CHURCH

1030

DODD ST

GOLDEN GATE ADULT REHABILITATION MINISTR

X O

1026

DODD ST

PETTIE ADOLPHUS

1022

DODD ST

KEMP FREDDIE JR

1020

DODD ST

GOLDEN GATE BAPTIST

1016

DODD ST

MARTINEZ MARIO

1012

DODD ST

PROCTOR JOHN & PROCTOR CHRISTINE

1100

COMAL ST

BOULDIN STANLEY EARL ETAL

734

EADS AVE

MARQUEZ ENRIQUE &

816

SABINE ST

DALLAS AREA RAPID TRANSIT

717

COMAL ST

SUPPORTIVE HOUSING INC

AGENDA ITEM # 73 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45 C; 45 G

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a new subdistrict in Planned Development District No. 466, the Hall Street Special Purpose District on the east side of North Central Expressway, north of Cochran Street Recommendation of Staff and CPC: Approval, subject to a development plan and conditions Z134-103(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa O’Donnell

FILE NUMBER: Z134-103(MW)

DATE FILED: October 3, 2013

LOCATION: East side of North Central Expressway, north of Cochran Street COUNCIL DISTRICT: 14

MAPSCO: 45-C, 45-G

SIZE OF REQUEST: ±0.531 acre

CENSUS TRACT: 16.00

REPRESENTATIVE/APPLICANT/OWNER:

ADVA Realty Group, LLC Artemio de la Vega, Sole Member

REQUEST: An application for a new subdistrict in Planned Development District 466, the Hall Street Special Purpose District. SUMMARY: The applicant intends to develop the site with a ±772-square-foot restaurant with drive-through service [Starbucks]. While outside seating will be provided on a ±660-square foot uncovered patio, the restaurant will not include inside seating. A restaurant with drive-through or drive-in service is not a permitted use in the existing subdistrict. CPC RECOMMENDATION:

Approval, subject to a development plan and conditions.

STAFF RECOMMENDATION:

Approval, subject to a development plan and conditions.

Z134-103(MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon the following: 1. Performance impacts upon surrounding property –The request is not anticipated to negatively impact surrounding properties due to its proximity to Central Expressway and surrounding retail uses. Furthermore, development of the site with a community-serving use will likely be a catalyst for new development in a transitioning area of the City. 2. Traffic impact – Staff has reviewed the request and has determined that it will not significantly impact the surrounding roadway system. Regarding onsite stacking, the Engineering Section has reviewed the site plan and has no objections to the location of the menu board and the stacking, as depicted. However, they are being required to close one of the existing curb cuts. 3. Comprehensive Plan or Area Plan Conformance – The request complies with the Comprehensive Plan. BACKGROUND INFORMATION: The ±0.531-acre request site is undeveloped with remnants of surface parking. PDD No. 466 was approved on February 26, 1997. Surrounding Zoning History: 1. Z090-256: On April 27, 2011, the City Council approved an amendment to Planned Development District No. 708 to allow the use of a conveyance as a building for food preparation from mobile food vehicles and related regulations subject to conditions. Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Cochran Street

Local

30 feet

Hall Street

Collector

40 feet

US Highway 75 (Central Expressway)

US Highway

Varies

Z134-103(MW) Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Development and Construction has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. Surrounding Land Uses: Zoning

Land Use

North

PDD No. 466

Central Expressway ROW

East

PDD No. 466

Multifamily; retail

South

PDD No. 466

Undeveloped

West

PDD No. 466

Central Expressway ROW

STAFF ANALYSIS: Comprehensive Plan: The Vision Illustration depicts the request site as within an Urban Mixed Use Building Block on the forwardDallas! Vision Illustration, adopted June 2006. The Urban Mixed-Use Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Examples include Uptown, the City Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or midrise commercial towers to townhomes and small corner shops. Good access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use Building Blocks offer employment and housing options and are important economic growth areas for businesses. People on foot or bike can enjoy interesting storefronts at ground level with benches, public art, on-street parking and wide sidewalks, creating an appealing streetscape. Large parking areas and other autooriented land uses are typically located at the edges. The location of this site on the Central Expressway Frontage Road, not central to a neighborhood, lends itself to having an auto-oriented component. While a large element of the proposed use is auto-oriented, it is anticipated that outdoor seating, though interior to the site, will encourage pedestrian activity. Therefore, the request is consistent with the following goals and policies of the Comprehensive Plan.

Z134-103(MW) URBAN DESIGN ELEMENT GOAL 5.1 PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY Policy 5.1.1 Promote pedestrian-friendly streetscapes. GOAL 5.3

ESTABLISHING WALK-TO CONVENIENCE

Policy 5.3.1 Encourage a balance of land uses within walking distance of each other. NEIGHBORHOOD ELEMENT GOAL 7.1: PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS Policy 7.1.3 Encourage a sense of community and identity. Development Standards: District

PDD No. 466

Setbacks Front

Side/Rear

10’ min. 15’ max.

20’ adj. to res. Other: no min.

Density

Height

Lot Coverage

Special Standards

Primary Uses

No max.

54’

80’

RPS

Retail and personal service, office, residential

Land Use Compatibility: The ±0.531-acre request site is undeveloped with remnants of surface parking. The proposed use is considered compatible with the adjacent uses which include Central Expressway right-of-way to the north; multifamily residential and retail uses to the east; and undeveloped land to the south and Central Expressway right-of-way to the west. Parking: Pursuant to the PDD No. 466, parking ratios for each use contained in 51A-4.200 are increased by 20 percent. For example, the parking ratio for a restaurant is changed from one space per 100 square feet of floor area to one space per 120 square feet of floor area. Therefore, the proposed ±772-square foot restaurant requires six spaces, eight spaces will provided in the locations shown on the site plan. The Dallas Development Code requires six stacking spaces for a restaurant with one drive-through service window. As depicted on the site plan, eight stacking spaces can be accommodated and will not interfere with the off-street parking for walk-up customers. Landscaping: Landscaping must be provided in accordance with the landscaping requirements of PDD No. 466, the Hall Street Special Purpose District. 4

Z134-103(MW) CPC Action: January 23, 2014: Motion: It was moved to recommend approval of a new subdistrict in Planned Development District No. 466, the Hall Street Special Purpose District, subject to a development plan and conditions on the east side of North Central Expressway, north of Cochran Street. Maker: Second: Result:

Ridley Soto Carried: 14 to 0

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

0 1 - Hinojosa 0

Notices: Replies:

Area: For:

Speakers:

500 1

Mailed: Against:

None

159 0

Z134-103(MW) ARTICLE 466. PD 466. Hall Street Special Purpose District SEC. 51P-466.101. LEGISLATIVE HISTORY. PD 466 was established by Ordinance No. 23048, passed by the Dallas City Council on February 26, 1997. Ordinance No. 23048 amended Ordinance No. 19455, Chapter 51A of the Dallas City Code, as amended. SEC. 51P-466.102. PROPERTY LOCATION AND SIZE. PD 466 is established on property generally located on both sides of Hall Street and on the northeast side of Watkins Street between Central Expressway (U.S. Highway 75) and Flora Street/Roseland Avenue. The size of PD 466 is approximately 13.47 acres. SEC. 51P-466.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) The property description for Subdistrict A is attached as Exhibit A to Ordinance No. 23048. The property description for Subdistrict B is attached as Exhibit A to Ordinance No. .A map, labelled Exhibit 466A, shows the boundaries of Subdistrict A and Subdistrict B. In the event of a conflict between Exhibit A of Ordinance No. 23048 and Ordinance No. and Exhibit 466A, Exhibit A of Ordinance No. 23048 controls. (d)

This district is considered to be a nonresidential zoning district.

SEC. 51P-466.104. PURPOSE. This article provides standards specifically tailored to meet the needs of the Hall Street area of the city. The general objectives of these standards are to protect the health, safety, welfare, convenience, and enjoyment of the public, and in part, achieve the following:

Z134-103(MW) (1)

To foster economic vitality in the area.

(2)

To promote and develop an urban character along Hall Street.

(3)

To promote diverse housing options and residential development.

(4)

To preserve the community characteristics of the neighborhood.

SEC. 51P-466.105. DEVELOPMENT PLAN. (a) A development plan that complies with the conditions of this article must be submitted to and approved by the city plan commission before issuance of a building permit for a tract within this district. If the commission disapproves a development plan, the applicant may appeal the decision to the city council. (b)

The provisions of Section 51A-4.702(c)(2) through (e) do not apply to this

PD. SEC. 51P-466.106. MAIN USES PERMITTED. (a)

Agricultural uses. -- None permitted.

(b)

Commercial and business service uses. -- Catering service. [SUP] -- Custom business services. -- Electronics service center. -- Medical or scientific laboratory. [SUP]

(c)

Industrial uses. -- None permitted.

(d)

Institutional and community service uses. -- Adult day care facility. [SUP] -- Child-care facility. [SUP] -- Church. -- College, university, or seminary. -- Community service center. [SUP] -- Convalescent and nursing homes, hospice care, and related institutions. [SUP]

Z134-103(MW) -- Library, art gallery, or museum. -- Public or private school. [RAR] (e)

Lodging uses. -- Hotel or motel. [SUP]

(f)

Miscellaneous uses. -- Carnival or circus (temporary). [By special authorization of the building official.] -- Temporary construction or sales office. (g)

Office uses. -- Financial institution without drive-in window. -- Medical clinic or ambulatory surgical center. -- Office.

(h)

Recreation uses. -- Private recreation center, club, or area. -- Public park, playground, or golf course.

(i)

Residential uses. -- College dormitory, fraternity, or sorority house. -- Duplex. -- Group residential facility. -- Handicapped group dwelling unit. -- Multifamily. -- Retirement housing. -- Single family.

(j)

Retail and personal service uses. -- Business school. [SUP] -- Commercial amusement (inside). [SUP] -- Commercial amusement (outside). [SUP] -- Dry cleaning or laundry store. -- Furniture store. -- General merchandise or food store 3,500 square feet or less. -- General merchandise or food store greater than 3,500 square feet. -- Nursery, garden shop, or plant sales. -- Personal service uses. -- Restaurant without drive-in or drive-through service. [RAR]

Z134-103(MW) -- Restaurant with drive-in or drive-through service. [Allowed in Subdistrict B only] [RAR] -- Temporary retail use. -- Theater. (k)

Transportation uses. -- Transit passenger shelter. -- Transit passenger station or transfer center. [SUP]

(l)

Utility and public service uses. -- Electrical substation. [SUP] -- Local utilities. [SUP] -- Police or fire station. -- Post office. -- Utility or government installation other than listed. [SUP]

(m)

Wholesale, distribution, and storage uses. -- Recycling drop-off for special occasion collection. [SUP]

SEC. 51P-466.107. ACCESSORY USES. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. SEC. 51P-466.108. YARD, LOT, AND SPACE REGULATIONS. (a)

Front yard.

(1) Except as otherwise provided in this subsection, minimum front yard is 10 feet and maximum front yard is 15 feet. (2)

Minimum front yard in Subdistrict A is 15 feet. There is no maximum front

yard. (3) To encourage construction of plazas and open spaces at the corners on Hall Street, Hall Street lots adjoining a street intersection may have additional setbacks up to 25 percent of the total building length parallel to Hall Street added to the setback for the portion of the building closest to the corner. For example, if a building on a corner lot has a building length parallel to Hall Street of 100 feet, the 25-foot by 25-foot

Z134-103(MW) square area of the building closest to the corner may be added to the regular setback, as demonstrated below. (b)

Side and rear yard. Minimum side and rear yard is:

(1) 20 feet where adjacent to or directly across an alley from an R, R(A), D, D(A), THE, THE(A), CH, MF, or MF(A) district; and (2) no minimum in all other cases. (c)

Density. No maximum dwelling unit density.

(d)

Floor area ratio. No maximum floor area ratio.

(e) Height. Maximum structure height is 54 feet. Section 51A-4.412, â&#x20AC;&#x153;Residential Proximity Slope,â&#x20AC;? does not apply to this PD. (f)

Stories. Maximum number of stories is four.

(g)

Lot coverage. Maximum lot coverage is 80 percent.

SEC. 51P-466.109. OFF-STREET PARKING AND LOADING. (a) In conjunction with the criteria below, consult the use regulations contained in Division 51A- 4.200 for the specific off-street parking/loading requirements for each use. (b) The initial 2,500 square feet of floor area is not calculated in the parking/loading requirements for uses with a minimum of 5,000 square feet of floor area. (c) Parking ratios for each use contained in 51A-4.200 are increased by 20 percent. For example, the parking ratio for a restaurant is changed from one space per 100 square feet of floor area to one space per 120 square feet of floor area. (d)

Parking is prohibited in the required front yard on lots fronting on Hall

Street. SEC. 51P-466.110. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI.

Z134-103(MW) SEC. 51P-466.111. LANDSCAPING. (a) Application of section. Article X becomes applicable to a lot when an application is made for a building permit for construction work that within a 24-month period: (1)

increases the number of stories in a building on the lot;

(2) increases by more than 25 percent or 5,000 square feet, whichever is less, the combined floor areas of all buildings on the lot; or (3)

increases nonpermeable coverage on the lot by more than 1,000 square feet.

(b) Street trees. A large tree must be provided for each 30 feet of frontage, with a minimum of two trees being provided. (c) Landscape plan required. A landscape plan must be submitted with each development plan and approved by the city plan commission before issuance of a building permit. SEC. 51P-466.112. SIGNS. Signs must comply with the provisions for business zoning districts contained in Article VII, except that detached non-premise signs are prohibited. SEC. 51P-466.113. MANDATORY REASSESSMENT. Five years after February 26, 1997, staff shall report to the commission its assessment of the district. Following such a report, the commission may exercise its power pursuant to the Dallas Development Code to call a public hearing to determine proper zoning if the commission determines that the calling of a hearing is warranted. SEC. 51P-466.114. ADDITIONAL PROVISIONS. (a) The entire Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city.

Z134-103(MW) (c) Residential uses may not be located on the first floor of any development fronting Hall Street. SEC. 51P-466.115. PAVING. All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. SEC. 51P-466.116. COMPLIANCE WITH CONDITIONS. The building official shall not issue a building permit or certificate of occupancy for a use in this PD until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. 51P-466.117. ZONING MAP. PD 466 is located on Zoning Map Nos. I-7 and J-7.

Z134-103(MW) Proposed Development Plan

Z134-103(MW)

AERIAL MAP 1:3,600

Z134-103 Date:

11 /6/2013

Z134-103(MW)

Multifamily

Retail

Undeveloped

ROW

Z134-103(MW) CPC Responses

Z134-103(MW)

u > <( a:: _, w

g ':,

z <( w a:: u ... 0

159 --- - - Property Owners Notified (54 parcels)

__ ___

ZJ34-103

_ ____:;1_ _ _ Replies in Favor (2 parcels)

0 Replies in Opposition (O parcels) 500' - - - - - - Area of Notification 1/23/2014 Date _...;.

CPC

1:3,600

Z134-103(MW) Page 1 of 6 1/23/2014

Notification List of Property Owners Z134-103 159 Property Owners Notified

Vote

0 Property Owners Opposed

Label # Address

1 Property Owner in Favor

Owner

3213

COCHRAN ST

ADVA REALTY GROUP LLC

2103

HALL ST

ADVA REALTY GROUP LLC

3209

THOMAS AVE

WILLIAMS GARY

2107

CENTRAL EXPY

CLEAR CHANNEL OUTDOOR INC

1913

HALL ST

HOUSING AUTHORITY OF THE

1827

HALL ST

HOUSING AUTHORITY

1915

HALL ST

HOUSING AUTHORITY OF CITY

3305

MUNGER AVE

DALLAS HOUSING AUTHORITY

2015

HALL ST

HOUSING AUTHORITY OF THE

1829

WATKINS AVE

INTERRANTE INTERESTS LTD

1823

WATKINS AVE

BELMORE ERNEST

3108

MUNGER AVE

TOPLETZ DENNIS

1821

WATKINS AVE

1821 WATKINS LAND TRUST

1825

WATKINS AVE

LEVIN M L

1825

WATKINS AVE

TOPLETZ HAROLD ET AL

3406

MUNGER AVE

TOPLETZ INVESTMENTS

2012

HALL ST

DANG YION LIVING TRUST &

2000

HALL ST

RAZA PERVEZ

1900

HALL ST

AMOR REAL ESTATE INVESTMENTS INC

1912

HALL ST

LUPSHIRE RESTORATION INC

1922

HALL ST

RAZA PERVIZ

3310

MUNGER AVE

LUPSHIRE RESTORATION IN

3402

MUNGER AVE

AMOR REAL ESTATE

Z134-103(MW) INVESTMENTS 24

Vote

1828

HALL ST

LUPSHIRE RESTORATION INC

Label # Address

Owner

3108

STATE ST

3010 STATE ST LP

3200

THOMAS AVE

THOMAS LP

3027

CLAMATH DR

TWIN LAKES PLAZA LP

3025

CLAMATH DR

TWIN LAKES PLAZA LP

3107

SUNNY BRAE DR

TWIN LAKES PLAZA LP

3103

SUNNY BRAE DR

TWIN LAKES PLAZA LP

2320

CENTRAL EXPY

HSRE-MSTAR 180 II-NORTH

2200

CENTRAL EXPY

WAL MART STORES TEXAS LP

3110

THOMAS AVE

SCOPE PROPERTIES LTD

3110

THOMAS AVE

SEALS MICHAEL

3110

THOMAS AVE

SCHWEIZER RAE N

3110

THOMAS AVE

MCGEE HEATHER J

3110

THOMAS AVE

FERGUSON MATTHEW A

3110

THOMAS AVE

RAUSCH KATHERINE

3110

THOMAS AVE

PEDEN DAVIS W

3110

THOMAS AVE

CHILDS CRAIG CAUSTIN &

3110

THOMAS AVE

BUTTIMER AMY L

3110

THOMAS AVE

TURNEY COLIN T &

3110

THOMAS AVE

PATEL NEAL

3110

THOMAS AVE

HERNANDEZ CARLOS E

3110

THOMAS AVE

DRENNAN JOSEPH S

3110

THOMAS AVE

DITZER THOMAS F

3110

THOMAS AVE

WADE JEFFREY SCOTT &

3110

THOMAS AVE

GREEN MELISSA A

3110

THOMAS AVE

LEE CHRISTOPHER

3110

THOMAS AVE

FENTON BARRY J &

3110

THOMAS AVE

BECKMAN THOMAS J

3110

THOMAS AVE

RAND CLINTON D

3110

THOMAS AVE

HIPP JAMES D

3110

THOMAS AVE

ARMSTRONG SHAE DAN

3110

THOMAS AVE

MASON DAVID R

3110

THOMAS AVE

HALL BEAU G

3110

THOMAS AVE

WALTER KEVIN M

Z134-103(MW) Vote

Label # Address

Owner

3110

THOMAS AVE

ROSENBERG ROBERT

3110

THOMAS AVE

SNITZER PETER P JR

3110

THOMAS AVE

LOYLESS MONTY O

3110

THOMAS AVE

GNEWUCH TANYA M

3110

THOMAS AVE

BOYD KRISTIN DOHN &

3110

THOMAS AVE

BROWN CHAD W

3110

THOMAS AVE

KEHN SCOTT

3110

THOMAS AVE

THORSEN EMILY JO

3110

THOMAS AVE

REYES BENJAMIN

3110

THOMAS AVE

DES MOINES BUILDING LLC

3110

THOMAS AVE

WU CASEY

3110

THOMAS AVE

LUTTRELL DAVID S

3110

THOMAS AVE

FENYES DAVID

3110

THOMAS AVE

BEAL ROBIN M

3110

THOMAS AVE

WOODLEE HUNTER

3110

THOMAS AVE

BAXTER STUART C

3110

THOMAS AVE

ZHANG CHUNFAN S &

3110

THOMAS AVE

CRAWFORD MICHAEL H

3110

THOMAS AVE

LAPACE DAN

3110

THOMAS AVE

MADOLE BRET

3110

THOMAS AVE

JOSEPH JYOTI

3110

THOMAS AVE

LACOBUCCI DIANN &

3110

THOMAS AVE

OCHOA ROLAND

3110

THOMAS AVE

VIJAYKUMER SREEKUMAR

3110

THOMAS AVE

RACKWEB PROPERTIES DALLAS LLC

3110

THOMAS AVE

WALKER MARK

3110

THOMAS AVE

DO KIM TIEN

3110

THOMAS AVE

ZIEPPRECHT TRACY

3110

THOMAS AVE

RAGONESE BELINDA ANNE

3110

THOMAS AVE

LIN TZE YUN

3110

THOMAS AVE

SANCHEZ GONZALO H

Z134-103(MW) Vote

Label # Address

Owner

3110

THOMAS AVE

JAECKLE JOHN T

3110

THOMAS AVE

PENDLETON MICHAEL C & AMANDA R

3110

THOMAS AVE

LANGSTON HERBERT A &

3110

THOMAS AVE

DALEY KYLE D

3110

THOMAS AVE

DEARBORN LISE TIFFANY

3110

THOMAS AVE

OATES SARAH

3110

THOMAS AVE

OWENS CHARLES TAYLOR JR

3110

THOMAS AVE

GOOCH JAMES & DON ELLEN

3110

THOMAS AVE

RISHI AJAY K

3110

THOMAS AVE

WOODRUFF CLAUDIA

3110

THOMAS AVE

MALLOY BENJAMIN & PEGGY S

100

3110

THOMAS AVE

DELAUNE ANTHONY

101

3110

THOMAS AVE

GOOD PATRICK J

102

3110

THOMAS AVE

HOSSLEY - EMBRY LLP

103

3110

THOMAS AVE

WARREN KRISTY M

104

3110

THOMAS AVE

RUSSELL JAMES K

105

3110

THOMAS AVE

ZICK STEPHANIE

106

3110

THOMAS AVE

TERRY MICHAEL F JR

107

3110

THOMAS AVE

HORN TYE

108

3110

THOMAS AVE

INTERRANTE PATRICK C

109

3110

THOMAS AVE

GARCIA CRISTOBAL

110

3110

THOMAS AVE

MCCAIG ANDREW H

111

3110

THOMAS AVE

HOOVER GREGORY K

112

3110

THOMAS AVE

AKHTARKHAVARI SAMIR

113

3110

THOMAS AVE

SHIELDS WILLIAM O

114

3110

THOMAS AVE

TYLER YOSHI L

115

3110

THOMAS AVE

MCCAIG ANDREW

116

3110

THOMAS AVE

BULL CRAIG R

117

3110

THOMAS AVE

SHAH SUMMIT &

118

3110

THOMAS AVE

HARDY WILLIAM & KRISTA

119

3110

THOMAS AVE

MEHDIRATTA ATAM & TERRIE

Z134-103(MW) Vote

Label # Address

Owner

120

3110

THOMAS AVE

TACCONI SERGIO ARIEL

121

3110

THOMAS AVE

RYAN DARCY

122

3110

THOMAS AVE

WYATT MATTHEW D

123

3110

THOMAS AVE

PERKINSON JOHN T

124

3110

THOMAS AVE

SURROZ RYAN

125

3110

THOMAS AVE

CHILDRESS CHRISTINE G

126

3110

THOMAS AVE

RINGER DONALD III

127

3110

THOMAS AVE

NIE LAURIE J

128

3110

THOMAS AVE

SANCHEZ DENNIS

129

3110

THOMAS AVE

HINCKS CHRISTOPHER &

130

3110

THOMAS AVE

COREIL VINCENT D

131

3110

THOMAS AVE

LAXO SONYA

132

3110

THOMAS AVE

WILSON GREGG BRIAN

133

3110

THOMAS AVE

CLIFT GREGORY M

134

3110

THOMAS AVE

EDWARDS CHRISTOPHER J

135

3110

THOMAS AVE

727 THOMAS PROPERTIES LLC

136

3110

THOMAS AVE

ELLIS MICHAEL & DENISE

137

3110

THOMAS AVE

ROSEE ERIC

138

3110

THOMAS AVE

BUTTERFIELD JEFF

139

3110

THOMAS AVE

GREEN TIMOTHY G

140

3110

THOMAS AVE

SHIELDS WILLIAM O II

141

3110

THOMAS AVE

LAMMIE TODD A

142

3110

THOMAS AVE

PLUMLEE CARA C

143

3110

THOMAS AVE

SIDHIB LLC

144

3110

THOMAS AVE

EDWARDS STEVEN M

145

3110

THOMAS AVE

BLANKINSHIP JEFFREY C

146

3110

THOMAS AVE

HAGAR DAVID ADAM

147

3110

THOMAS AVE

FANNIE MAE

148

3110

THOMAS AVE

GILL KELLY

149

3110

THOMAS AVE

RIDER JAMES E &

150

3110

THOMAS AVE

MILLER BRENT DANIEL

Z134-103(MW) Vote

Label # Address

Owner

151

3110

THOMAS AVE

AUGUST ADAM C

152

3110

THOMAS AVE

YEGPARIAN VARANT

153

3110

THOMAS AVE

DISIERE DAVID J & TERESA

154

3110

THOMAS AVE

LECLERE SHAWN D

155

3110

THOMAS AVE

EVANS LOYAL G

156

3110

THOMAS AVE

DEAN LANCE

157

3110

THOMAS AVE

STEINARD EDWARD A II

158

3110

THOMAS AVE

ROZEN SHAI M

159

3110

THOMAS AVE

NEEDS EDWIN L

AGENDA ITEM # 74 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

57 M

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of and an amendment to Specific Use Permit No. 1711 for a vehicle or engine repair or maintenance use and add an outside salvage or reclamation use on property within Subdistrict 3 of Planned Development District No. 533, the C.F. Hawn Special Purpose District No. 1 on the east side of C.F. Hawn Freeway, south of Lake June Road Recommendation of Staff and CPC: Approval for a three-year period, subject to conditions Z134-114(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa O’Donnell

FILE NUMBER:

Z134-114(MW)

DATE FILED: October 21, 2013

LOCATION:

East side of C.F. Hawn Freeway, south of Lake June Road

COUNCIL DISTRICT: 5

MAPSCO: 57-M

SIZE OF REQUEST: ±0.69 acre

CENSUS TRACT: 93.03

OWNER/APPLICANT:

Gerardo Tinoco

REPRESENTATIVE:

B. Rios

REQUEST:

An application to renew and amend Specific Use Permit No. 1711 for a vehicle or engine repair or maintenance use and to add an outside salvage or reclamation use on property within Subdistrict 3 of Planned Development District No. 533, the C.F. Hawn Special Purpose District No. 1.

SUMMARY:

The applicant proposes to continue the operation of the existing vehicle or engine repair or maintenance use and to add an outside salvage or reclamation component to allow for the storage of plastic bumper covers.

CPC RECOMMENDATION:

Approval for conditions.

three-year

period,

subject

STAFF RECOMMENDATION:

Approval for conditions.

three-year

period,

subject

Z134-114(MW) 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 vehicle or engine repair or maintenance use is compatible with the surrounding land uses. The addition of the an outside salvage or reclamation use is in the location depicted on the site plan will not impact compatibility because it will not be visible from the street frontage and will be screened from the adjacent properties. Per the Dallas Development Code, objects may not be stacked higher than eight feet within 40 feet of the visual screen. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The existing vehicle or engine repair or maintenance use provides a service to this area of the City and does not appear to negatively impact to the adjacent properties. The addition of the an outside salvage or reclamation use is not anticipated to negatively impact to the adjacent properties since it is consistent with the established development pattern in this area of the city. 3. Not a detriment to the public health, safety, or general welfare – The existing and proposed uses are considered compatible with adjacent land uses, which are of the same type, and are not considered detrimental to the public health, safety, or general welfare of the city. 4. Conforms in all other respects to all applicable zoning regulations and standards – Based on information depicted on the proposed site plan, the request complies with all applicable zoning regulations and standards. BACKGROUND INFORMATION: The request site is developed with a ±10,800-square foot single-story structure currently utilized for vehicle repair and maintenance. On March 28, 2001, the City Council approved SUP No. 1441 for a vehicle or engine repair and maintenance use on the site for a two-year and three-month period. On September 22, 2004, the City Council approved SUP No. 1564 for vehicle display, sales and service, vehicle or engine repair and maintenance and auto service center uses on the site for a two-year period with eligibility for automatic renewal for additional two-year periods. The SUP was not renewed.

Z134-114(MW) On October 26, 2011, the City Council approved the renewal of SUP No. 1711 for a vehicle or engine repair or maintenance use on the site for a two-year period. City Council previously approved the SUP on May 28, 2008. Zoning History: 1. Z112-207:

On August 8, 2001, the City Council approved a Specific Use Permit for a Machinery, heavy equipment, or truck sales and service use for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions.

Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

CF Hawn Freeway

Freeway

Variable

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. Surrounding Land Uses: Zoning

Land Use

North

PDD No. 533, Subdistrict 2

Auto-related

East

CS with SUP 1430

DART Station

South

PDD No. 533, Subdistrict 3

Auto-related

West

PDD No. 533, Subdistrict 3

CF Hawn Right-of Way

Area Plan: The request site is within the boundary of the Southeast Dallas Comprehensive Land Use Study, which was adopted by the City Council in December 1996. The study makes very specific recommendations for the area inclusive of the request site that include, â&#x20AC;&#x153;retain industrial uses, and require landscape and architectural buffers to minimize impact on areas along C.F. Hawn Freeway.â&#x20AC;?

Z134-114(MW) Comprehensive Plan: The request site lies within a Transit Center Building Block. Transit centers support a compact mix of employment, retail, cultural facilities and housing. 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. These areas offer dense mixed use at the transit station 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. The applicantâ&#x20AC;&#x2122;s proposal is not 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

The request is not consistent with the dense, mixed use development desired in the Transit Center Building Block. However, the applicant proposes to continue an existing use. The existing vehicle or engine repair or maintenance use and the proposed outside salvage or reclamation use are both consistent with the established development pattern along CF Hawn Freeway, which consists, predominantly, of auto-related uses. A three-year time period for the amended Specific Use Permit would allow reevaluation for changes in the area. STAFF ANALYSIS: Land Use Compatibility: The Dallas Development Code requires a visual screen of at least nine feet in height which consists of solid masonry, concrete, or corrugated sheet metal wall, or a chain link fence with metal strips through all links. The owner of an outside salvage or reclamation use shall not stack objects higher than eight feet within 40 feet of the visual screen. These provisions will ensure compatibility with the surrounding 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 4

Z134-114(MW) 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: Pursuant to the Dallas Development Code, the off-street parking requirement for the vehicle or engine repair or maintenance and outside salvage or reclamation uses is one space per 500 square feet of floor area with a minimum of 5 spaces required. Therefore, the Âą10,800-square foot structure requires 22 spaces. As depicted on the site plan, 38 spaces are provided. Landscaping: PDD No. 533, Subdistrict 3 contains specific landscape regulations that address parkway, site area and font yard strip landscaping areas in conjunction with new development. The applicant is not proposing any additional floor area; therefore, additional landscaping is not required. Landscaping of any future development will be in accordance to PDD No. 533, the C.F. Hawn Special Purpose District. CPC Action: January 23, 2013: Motion: It was moved to recommend approval of the renewal of and an amendment to Specific Use Permit No. 1711 for a vehicle or engine repair or maintenance use and add an outside salvage or reclamation use for a three-year period, subject to conditions on property within Subdistrict 3 of Planned Development District No. 533, the C.F. Hawn Special Purpose District No. 1 on the east side of C.F. Hawn Freeway, south of Lake June Road. Maker: Second: Result:

Ridley Soto Carried: 14 to 0

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

0 1 - Hinojosa 0

Notices: Replies:

Area: For:

Speakers:

200 1

Mailed: Against:

None

9 0

Z134-114(MW)

Z134-114 Existing/Proposed Conditions 1.

USE: The only uses authorized by this specific use permit is are a vehicle or engine repair or maintenance use and an outside salvage or reclamation use.

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

TIME LIMIT: This specific use permit automatically terminates on October 26, 2013. [two three years from the passage of this ordinance].

LANDSCAPING: Landscaping must be provided as shown on the site plan and maintained in a healthy, growing condition.

DAYS OF OPERATION: The vehicle or engine repair or maintenance use and outside salvage or reclamation use may only operate Monday through Saturday.

FLOOR AREA: The maximum floor area for both uses is 10,800 square feet in the location shown on the attached site plan.

OFF-STREET PARKING: A minimum of 28 off-street parking spaces must be provided in the locations shown on the attached site plan.

OUTSIDE STORAGE: Outside storage of items related to vehicle or engine or repair or maintenance is prohibited.

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.

Z134-114(MW) Proposed Site Plan

Z134-114(MW) Existing Site Plan

Z134-114(MW)

a:z G)

"'(§

s; f:i 0

-' -' w

LAKE JUNE RD

e Gonzalez, Henry B.

SARAH LEE DR

VICINITY MAP

1:6,000

Case no: Date:

Z134-114 11 /21/2013

Z134-114(MW)

AERIAL MAP 1:2,400

Z134-114 Date:

11 /21 /2013

Z134-114(MW)

DART Station

Auto related

Auto related Undeveloped

Z134-114(MW)

Z134-114(MW) CPC Responses

Z134-114(MW) Page 1 of 1 1/23/2014

Notification List of Property Owners Z134-114

9 Property Owners Notified

Vote

0 Property Owners Opposed

Label # Address

1 Property Owner in Favor

Owner

6426

C F HAWN FWY

HERDEZ TRUCKING CO

6414

C F HAWN FWY

TINOCO GERARDO

6414

LAKE JUNE RD

DALLAS AREA RAPID TRANSIT

6361

C F HAWN FWY

MARTINEZ JOSE J JR &

6312

LAKE JUNE RD

REYES GERARDO

6436

C F HAWN FWY

BRYANT VEDA

6434

C F HAWN FWY

ETHRIDGE CINDY TR

6406

C F HAWN FWY

HENDERSON BILLY J

6356

C F HAWN FWY

BROWN RICHARD E

AGENDA ITEM # 75 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

23 T

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to the site plan for Specific Use Permit No. 1868 for a government installation other than listed limited to a youth residential facility and treatment and rehabilitation center on property zoned an IM Industrial Manufacturing District on the northwest corner of Lombardy Lane and Denton Drive Recommendation of Staff and CPC: Approval for a permanent time period, subject to a site plan and conditions Z134-132(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa O’Donnell

FILE NUMBER:

Z134-132(MW)

DATE FILED:

November 18, 2013

LOCATION:

Northwest corner of Lombardy Lane and Denton Drive

COUNCIL DISTRICT: 6

MAPSCO: 23-T

SIZE OF REQUEST: ±4.7 acres

CENSUS TRACT: 99

REPRESENTATIVE:

Chuck Schneider

APPLICANT/OWNER:

Dallas County

REQUEST:

An application to amend the site plan for Specific Use Permit No. 1868 for a government installation other than listed limited to a youth residential facility and treatment and rehabilitation center on property zoned an IM Industrial Manufacturing District.

SUMMARY:

The applicant proposes to increase the floor area of the proposed building addition by ±1,780-square feet for The Letot Center.

CPC RECOMMENDATION:

Approval for permanent time period, subject to a site plan and conditions.

STAFF RECOMMENDATION:

Approval for permanent time period, subject to a site plan and conditions.

Z134-132(MW) 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 youth residential facility and treatment and rehabilitation center is compatible with the surrounding land uses, which are predominantly industrial and auto-related. The proposed increase in floor area will not impact compatibility. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The existing facility does not appear to negatively impact the adjacent properties. 3. Not a detriment to the public health, safety, or general welfare – The existing use is compatible with adjacent land uses and is considered an asset to the general welfare of the city. 4. Conforms in all other respects to all applicable zoning regulations and standards – Based on information depicted on the proposed site plan, the request complies with all applicable zoning regulations and standards. No variances or exceptions to the standard zoning requirements are requested. BACKGROUND INFORMATION: The ±-4.7-acre request site is currently developed with a ±40,000-square-foot facility which functions as a shelter for youth, ages 13 to 17. The facility is licensed by the Texas Department of Family and Protective Services and provides intake, residential (emergency shelter), non-residential, clinical and educational services. On September 28, 2011, Specific Use Permit No. 1868 was approved for a government installation other than listed limited to a youth residential facility and treatment and rehabilitation center for a permanent time period subject to a site plan and conditions. The approved site plan depicts a ±55,000-square-foot addition to the existing building. The applicant proposes to amend the site plan to depict a ±56,780square-foot building, which equates to an increase of ±1,780 square feet. Other than the addition of required parking spaces, no other changes are proposed by this application.

Z134-132(MW) Zoning History: 1.

Z056-307: On May 23, 2007, the City Council approved a Planned Development District for a railroad yard, roundhouse, or shops, and IR Industrial Research uses on property zoned an IM Industrial Manufacturing District and an LI Light Industrial District.

Type

Existing ROW

Lombardy Lane

Collector

60 ft.

Denton Drive

Collector

60 ft.

Surrounding Land Uses: Zoning

Land Use

North

Retail; industrial

East

PDD No. 756

Rail yard

South

Auto-related uses

West

IM;IR

Auto-related uses

STAFF ANALYSIS: Comprehensive Plan: The Comprehensive Plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depicts general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The Vision Illustration depicts the request site as within a Business Center or Corridor. This Building Block represents major employment or shopping destinations outside of Downtown. Examples include the Galleria area, the NorthPark Center area, Southwest Center Mall area at I-20 and US Hwy 67 and the Stemmons Corridor. Business Centers 3

Z134-132(MW) are usually at major intersections or along highways or major arterials and rely heavily on car access. These areas typically include high-rise office towers and low- to mid-rise residential buildings for condos or apartments and may include multifamily housing. Land uses are typically separated from one another by parking lots, freeways or arterial roads. Streets in these areas emphasize efficient movement of vehicles. Bold lighting and linear landscaping features such as esplanades and tree-lined boulevards can all work to distinguish and identify these areas. Public spaces may be at key entry points and central locations. Gateway landscaping, monuments and other devices will provide visibility from the freeway and guide visitors to destinations. Public transit may play a role in these areas and help create some pockets of transit oriented development. Business Centers and Corridors provide important concentrations of employment within Dallas that compete with suburban areas. In general, the applicantâ&#x20AC;&#x2122;s request is consistent with the Comprehensive Plan. Land Use Compatibility: The general provisions for a specific use permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The City Council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the City. The applicantâ&#x20AC;&#x2122;s request complies with the general provisions for consideration of a specific use permit. Parking: Pursuant to Â§51A-4.212 of the Dallas Development Code, the required off-street parking requirement for a government installation is determined by the building official based on the most equivalent use in terms of function. If a specific use permit is required, the offstreet parking regulation may be established in the ordinance granting the permit. Specific Use Permit No.1868 was approved with the condition that a minimum of 38 offstreet parking spaces must be provided. The amended plan proposed by this application depicts 42 spaces.

Z134-132(MW) Landscaping: Additional landscaping must be provided pursuant to Article X of the Dallas Development Code. CPC Action: February 6, 2013: Motion: It was moved to recommend approval of an amendment to the site plan for Specific Use Permit No. 1868 for a government installation other than listed limited to a youth residential facility and treatment and rehabilitation center for a permanent period, subject to a site plan and conditions on property zoned an IM Industrial Manufacturing District on the northwest corner of Lombardy Lane and Denton Drive. Maker: Second: Result:

Rodgers Bagley Carried: 14 to 0 For:

14 - Anglin, Soto, Rodgers, Culbreath, Shidid, Hinojosa, Bagley, Tarpley, Shellene, Schultz, Peadon, Murphy, Ridley, Alcantar

Against: Absent: Vacancy:

0 1 - Lavallaisaa 0

Notices: Replies:

Area: For:

300 0

Speakers:

None

Mailed: Against:

24 1

Z134-132(MW) Partners, Principals, Officers: Dallas County Commissioners Court Judge Clay Lewis Jenkins Commissioner Theresa Daniel, Ph.D., District 1 Commissioner Mike Cantrell, District 2 Commissioner John Wiley Price, District 3 Commissioner Elba Garcia, DDS, District 4

Z134-132(MW) Specific Use Permit No. 1868 CPC Recommended Conditions 1.

USE: The only use authorized by this specific use permit is a government installation other than listed limited to a youth residential facility and treatment and rehabilitation center.

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

TIME LIMIT: This specific use permit has no expiration date.

LANDSCAPING: Landscaping must be provided and maintained in accordance with Article X of the Dallas Development Code, as amended. Plant materials must be maintained in a healthy, growing condition.

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

PARKING: A minimum of 38 42 off-street parking spaces must be provided in the location shown on the attached site plan.

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.

Z134-132(MW) Proposed Site Plan

Z134-132(MW) Existing Site Plan

Z134-132(MW)

WHEELOCKS

"Pancho"

BYNUM AVE DORIC CIR

FREEWOOD DR

MYRTL""E SPRINGS AVE

速

VICINITY MAP

1:6,000

Case no: _

Z134-132

12/11/2013 Date: ....:..:::....:.....:..:...: _ _ _ __

Z134-132(MW)

速

AERIAL MAP

1:2,400

Case no:

Z134-132

Date: .....:..: 12::...:/ 1....:..:.. 1 /=....:. 20_13_ _

Z134-132(MW)

Industrial

Retail

Rail yard

Auto-related uses

Z134-132(MW)

Z134-132(MW) CPC Responses

Z134-132(MW) 2/6/2014

Reply List of Property Owners Z134-132 24 Property Owners Notified

0 Property Owners in Favor

Reply Label # Address

1 Property Owners Opposed

Owner

10501

DENTON DR

County of Dallas

2818

LOMBARDY LN

2818 LOMBARDY LLC

10429

HARRY HINES BLVD

STATE STREET BANK & TR CO

2726

LOMBARDY LN

JINOO CORPORATION

2700

LOMBARDY LN

FAUST KATHRYNE REVOC LIV

10430

HARRY HINES BLVD

HOWARD JERRY ALLEN

10422

HARRY HINES BLVD

FAUST KATHRYNE REVOC LIVI

2734

LOMBARDY LN

FLORES MUFFLER & RADIATOR

10427

DENTON DR

JAVIER JOSE G &

10573

DENTON DR

KIM HO GUN

10600

HARRY HINES BLVD

SOSTECKE REAL ESTATE CO

10600

HARRY HINES BLVD

DARDEN DONNA D BUSINESS

10549

DENTON DR

LINSLEY WILMER A JR TR

10524

HARRY HINES BLVD

SOSTECKE EDWARD F TR

10544

HARRY HINES BLVD

CHAUDHRY ASIM SIKANDER

10516

HARRY HINES BLVD

SOSTECKE EDWARD F

10508

HARRY HINES BLVD

FRISCO REAL ESTATE GROUP

10529

HARRY HINES BLVD

C MEDINA ENTERPRISES INC

10525

HARRY HINES BLVD

CIK HOLDINGS

10437

DENTON DR

FLORES GUADALUPE F

9739

ABERNATHY AVE

DART

10573

DENTON DR

TEXAS STATE OF

10507

HARRY HINES BLVD

RED BARN HOLDINGS LP

401

BUCKNER BLVD

DART

AGENDA ITEM # 76 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

27 P; T; U

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 581 to revise the development plan for a public school on the north corner of Chiswell Road and Bellewood Drive Recommendation of Staff and CPC: Approval, subject to a revised development/landscape plan, traffic management plan and revised conditions Z134-136(WE)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z134-136(WE)

DATE FILED: November 11, 2013

LOCATION:

Chiswell Road and Bellewood Drive, north corner

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 10.06 acres

CENSUS TRACT: 130.04

27-P,T & U

APPLICANT/ OWNER:

Richardson Independent School District

REPRESENTATIVE:

Karl Crawley, MasterPlan

REQUEST:

An application for an amendment to Planned Development District No. 581 to revise the development plan for a public school.

SUMMARY:

The purpose of this request is to allow for an addition to the White Rock Elementary School. The Richardson Independent School District is planning to construct four additional classrooms and increase the square footage to the administration facility.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z134-136(WE)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval the Planned Development District based upon: 1. Performance impacts upon surrounding property – The additional building expansion to the elementary school should not have a negative impact on the surrounding residential uses. 2. Traffic impact – The Engineering Section of the Department of Sustainable Development and Construction has determined that the request will not have a negative impact on the street system. The Transportation Department and the Engineering Section of the Department of Sustainable Development have approved the applicant’s revised traffic management plan and revised circulation plan. 3. Comprehensive Plan or Area Plan Conformance – The forwardDallas! Comprehensive Plan shows that the request site in located in a Residential Neighborhood Building Block and is in compliance. BACKGROUND INFORMATION: The request site is developed with a one-story, 65,966-square-foot elementary school. The amendment to the Planned Development District No. 581 will permit the construction of four additional classrooms and an increase in the administration floor area. The maximum expansion area will total approximately 11,600 square feet of floor area. The land uses surrounding the request site consist of single family uses. Zoning History: area.

There has not been any recent zoning change requested in the

Thoroughfares/Streets: Thoroughfare/Street

Chriswell Road Bellewood Drove

Type

Existing ROW

Proposed ROW

Local Local

60 ft. 60 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 which required revising the traffic management plan and circulation plan for the application submittal. The worksheet provides updates on the number of vehicular trips that will be generated by the existing and proposed students. 2

Z134-136(WE)

Surrounding Land Uses: Zoning PDD No. 581 R-7.5(A) R-7.5(A) R-7.5(A) R-7.5(A)

Site North South East West

Land Use Elementary School Single Family Single Family Single Family Single Family

R-7.5(A) Single Family

PDD No. 581 Single Family

SETBACKS Front 25’ 30’

Side/Rear 5’ 30’

Landscaping: Landscaping development/landscape plan.

Density

Height

Lot Coverage

1 Dwelling Unit/ 7,500 sq. ft.

30’

45%

Single family

60%

Single family, elementary school

78,000 sq. ft.

will

40’

Special Standards

accordance

with

PRIMARY Uses

the

attached

Parking: The requirement for off-street parking for an elementary school is one and one-half space for each kindergarten/elementary school classroom. The number of required off-street parking spaces for the proposed school is 63 spaces and the applicant is proposing to provide 78 off-street parking spaces. The maximum number of classrooms proposed is 42 classrooms.

Z134-136(WE)

CPC Action (January 23, 2014) Motion: It was moved to recommend approval of an amendment to Planned Development District No. 581 to revise the development plan for a public school, subject to a revised development/landscape plan, revised traffic management plan, revised traffic management circulation plan and revised conditions on the north corner of Chiswell Road and Bellewood Drive. Maker: Ridley Second: Soto Result: Carried: 14 to 0 For:

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

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

Area: For:

0 1 - Hinojosa 0 500 25

Mailed: 198 Against: 1

None

Z134-136(WE)

LIST OF BORAD OF TRUSTEES Richardson Independent School District

Z134-136(WE)

CPC PROPOSED PDD CONDITIONS ARTICLE 581. PD 581. SEC. 51P-581.101. LEGISLATIVE HISTORY. PD 581 was established by Ordinance No. 24397, passed by the Dallas City Council on September 27, 2000. Ordinance No. 24397 amended Ordinance No. 19455, Chapter 51A of the Dallas City Code, as amended. SEC. 51P-581.102. PROPERTY LOCATION AND SIZE. PD 581 is established on property located at the north corner of Chiswell Road and Bellewood Drive. The size of PD 581 is approximately 10.0639 acres. SEC. 51P-581.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) This district is considered to be a residential zoning district. SEC. 51P-581.104. MAIN USES PERMITTED. (a) Agricultural uses. -- Crop production. (b) Commercial and business service uses. -- None permitted. (c) Industrial uses. -- Temporary concrete or asphalt batching plant. [By special authorization of the building official.] (d) Institutional and community service uses. -- Adult day care facility. [SUP] 6

Z134-136(WE)

-- Cemetery or mausoleum. [SUP] -- Child-care facility. [Limited use with no maximum floor area; separate main entrance permitted.] -- Church. -- College, university, or seminary. [SUP] -- Community service center. [SUP] -- Convent or monastery. [SUP] -- Foster home. [SUP] -- Library, art gallery, or museum. [SUP] -- Private school. [SUP] -- Public school. (e) Lodging uses. -- None permitted. (f) Miscellaneous uses. -- Carnival or circus (temporary). [By special authorization of the building official.] -- Temporary construction or sales office. (g) Office uses. -- None permitted. (h) Recreation uses. -- Country club with private membership. [SUP] -- Private recreation center, club, or area. [SUP] -- Public park, playground, or golf course. (i) Residential uses. -- Handicapped group dwelling unit. [Consider as if in an R-7.5(A) Single Family District.] -- Private school dormitory. -- Single family. (j) Retail and personal service uses. -- None permitted. (k) Transportation uses. -- Private street or alley. [SUP] -- Transit passenger shelter. [Consider as if in an R-7.5(A) Single Family District.] 7

Z134-136(WE)

-- Transit passenger station or transfer center. [SUP] (l) Utility and public service uses. -- Electrical substation. [SUP] -- Local utilities. -- Police or fire station. [SUP] -- Radio, television, or microwave tower. [SUP] -- Tower/antenna for cellular communication. [Consider as if in an R-7.5(A) Single Family District.] -- Utility or government installation other than listed. [SUP] (m) Wholesale, distribution, and storage uses. -- Recycling drop-off container. [Consider as if in an R-7.5(A) Single Family District.] -- Recycling drop-off for special occasion collection. [Consider as if in an R-7.5(A) Single Family District.] SEC. 51P-581.105. ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (b) The following accessory uses are not permitted in this district: -- Accessory helistop. -- Accessory medical/infectious waste incinerator. -- Accessory outside display of merchandise. -- Accessory outside sales. -- Accessory pathological waste incinerator. (c) In this district, the following accessory use is permitted by SUP only: -- Accessory community center (private). SEC. 51P-581.106. DEVELOPMENT PLAN. (a) For a public school use, development and use of the Property must comply with the development and landscape plan (Exhibit 581A). In the event of a conflict between the provisions of this article and the development and landscape plan, the provisions of this article control.

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(b) For all other permitted uses, 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-581.107. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. In the event of a conflict between this section and Division 51A-4.400, this section controls.) (a) Front yard. (1) For a public school use, minimum front yard is 30 feet, as shown on the development and landscape plan. (2) For all other permitted uses, minimum front yard is 25 feet. (b) Side and rear yard. (1) For a public school use, minimum side and rear yard is 30 feet, as shown on the development plan. (2) For all other permitted uses, minimum side and rear yard for single family structures is five feet; minimum side yard for other permitted structures is 10 feet; and minimum rear yard for single family structures is 15 feet. (c) Density. No maximum dwelling unit density. (d) Height. (1) For a public school use, maximum structure height is 40 feet, as shown on the development and landscape plan. (2) Maximum height for the radio tower shown on the development and landscape plan is 100 feet. (3) Except as provided in Section 51A-4.408, maximum structure height for all other permitted uses is 30 feet. (e) Lot coverage. (1) For a public school use, maximum lot coverage is 60 percent as shown on the development and landscape plan. (2) For all other permitted uses, maximum lot coverage is 45 percent for residential structures and 25 percent for nonresidential structures.

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(3) Surface parking lots and underground parking structures are not included in lot coverage calculation. (f) Lot size. Minimum lot size for residential use is 7,500 square feet. (g) Stories. (1) For a public school use, maximum number of stories is one, as shown on the development and landscape plan. (2) For all other permitted uses, no maximum number of stories. (h) Floor area. (1) For a public school use, maximum floor area is [73,205] 78,000 square feet. The floor area must be located as shown on the development and landscape plan. (2) For all other permitted uses, no maximum floor area. SEC. 51P-581.108. OFF-STREET PARKING AND LOADING. (a) For a public school use, off-street parking spaces must be provided in accordance with Section 51A-4.301. [A minimum of [58] 63 off-street parking spaces must be provided in the locations shown on the development and landscape plan.] (b) For all other permitted uses, consult the use regulations (Division 51A-4.200) for the specific off-street parking requirements for each use. (c) For all permitted uses, off-street loading must be provided in accordance with the Dallas Development Code, as amended. SEC. 51P-581.109. TRAFFIC MANAGEMENT PLAN (a) In general. Operation of a public school other than an open-enrollment charter school must comply with the traffic management plan (Exhibit ____B). (b) Traffic study. (1) 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 March 2016. After the initial traffic study, the Property owner or operator shall submit biennial updates of the traffic study to the director by March 1 of each evennumbered year. (2) 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 10

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and pick-up times over a two-week period, and must contain an analysis of the following: (A)

ingress and egress points;

(B)

queue lengths;

number and location of personnel assisting with loading and

(D)

drop-off and pick-up locations;

(E)

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

(F)

hours for each grade level;

(G)

circulation;

(3) 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. (c) 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). (2) In order to amend a traffic management plan, the Property owner or operator must provide data showing the number of students who live within walking distance of the school, how many students actually walk to school, and how many students use public transportation. (3) 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.

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SEC. 51P-581.109. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P-581.110. LANDSCAPING. (a) For a public school use, landscaping must be provided as shown on the development and landscape plan. [No landscaping is required in the areas identified on the development and landscape plan as "Proposed Addition," "Future Addition," and "Parking Lot Buffer."] [(b) For the area identified as "Proposed Addition," a minimum of six trees and a foundation planting strip must be provided as shown on the development and landscape plan prior to the final building inspection for the structure.] [(c) For the area identified as "Future Addition," a minimum of three trees must be provided as shown on the development and landscape plan prior to the final building inspection for the structure.] [(d) Landscaping identified as "Parking Lot Buffer" and located as shown on the development and landscape plan must be provided within 120 days after the final building inspection for the structure identified as "Proposed Addition."] (b)[(e)] All plant materials must be maintained in a healthy, growing condition. (c)[(f)] For all other permitted uses, landscaping must be provided in accordance with Article X. SEC. 51P-581.111. SIGNS. (a) Except as provided below, signs must comply with the provisions for nonbusiness zoning districts contained in Article VII. (b) The detached premise signs shown on the development and landscape plan may not exceed 90 square feet in effective area and nine feet in height. SEC. 51P-581.112. ADDITIONAL PROVISIONS. (a) The entire Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (c) In this planned development district, a lot for a single family use may not be supplied or metered by more than one electrical utility service or meter. The board of 12

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adjustment may grant a special exception to authorize more than one electrical utility service and more than one electrical meter on a lot in this planned development district when, in the opinion of the board, the special exception will: (1) not be contrary to the public interest; (2) not adversely affect neighboring properties; and (3) not be used to conduct a use not permitted in this district. SEC. 51P-581.113. COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit or a certificate of occupancy for a use in this planned development 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-581.114. ZONING MAP.] [PD 581 is located on Zoning Map No. F-9.]

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PROPOSED DEVELOPMENT PLAN

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II. TRAFFIC MANAGEMENT PLAN The purpose of the Traffic Management Plan (TMP) is to have established procedures for traffic flow and circulation around the elementary school related to student drop-off and pick-up operations. Use of a TMP helps improve traffic/student safety and helps maximize the efficiency of drop-off and pick-up operations, reducing delays during those time periods. The analysis summarized in this report identifies critical elements of the TMP such as available queuing space that is both on and off site, circulation patterns for the school facilities, and the projected trip generation (and estimated queuing) during the morning and afternoon peaks. Exhibit 1 in Appendix A is a graphical representation of the proposed TMP. 2.1 Operational Characteristics Based on information from Richardson ISD, the elementary school currently has: maximum of 752 students 70 staff members 50% students that walk to/from the school With the proposed addition, the elementary school will have: maximum of 810 students 76 staff members 50% students that walk to/from the school It should be noted that many of the students considered to be â&#x20AC;&#x153;walkersâ&#x20AC;? are dropped off and/or picked up by a parent, who parks on an adjacent street and walks the student to and from school. Trips associated with these students are noted below in the trip generation totals (see Section 2.3 below). 2.1.1 School Hours The normal daily schedule for the school is: All grades start at 8:00 AM Day Care Students are released at 2:50 PM Grades K through 6 are released at 3:00 PM Although the operating times of the school are established, not all students enter/exit the site at the same time. Other activities at the school (such as breakfast program, after school tutoring, student clubs, etc.) may cause students to arrive/leave at times outside the normal class times. Occasional special events at the school may generate traffic peaks that outside of the normal drop-off and pick-up times. While these special events were not reviewed as part of the TMP, measures or recommendations discussed may be applicable. 2.1.2 Bus Service and Daycare There is only one school bus that serves White Rock Elementary on a daily basis, which is for students with disabilities. There is another bus that picks up several students being bused to other campuses. Both of these buses queue along the side lot on the southeast side of the school. There 15

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are a limited number of buses that pick up students for the REACH program on Tuesdays. In the morning, the vehicles related to daycare drop off students using the front loop in front of the school. In the afternoon, daycare vehicles queue in the staff lot on the south corner of the site. Students attending daycare are released at 2:50 PM to load onto daycare buses/vans. A maximum of six daycare related vehicles were observed. 2.2 Existing Operations and Circulation In front of the school (southwest side) is the front loop driveway, which is two-lanes wide and operates with one-way (counterclockwise) traffic flow. There is no designated parking in the front loop. Cones are placed at the exit of the loop driveway to encourage drivers to make a right-turn only when exiting the loop during both the morning and afternoon, but there is no formal restriction on left-turns at the exit. On the south corner of the site is a staff/visitor parking lot (28 spaces total) with driveways on both Chiswell Road and Bellewood Drive. Along the southeast side of the school and around in back of the school is staff parking (46 spaces total), which is accessed via two driveways on Bellewood Drive. Student drop-off and pick-up activity in these staff/visitor parking lots was a minimal amount of the overall traffic pattern. Halff observed both morning drop-off and afternoon pick-up operations at White Rock Elementary School on Wednesday, November 13, 2013 with some minor follow-up observations on November 18, 2013. A summary of those observations is given below. 2.2.1 Morning Drop-Off Operations The school doors at the main front entry are opened at 7:30 AM to allow students into the building. There is minimal activity at the front loop for the first five minutes after 7:30 AM with only a few parents pulling through the loop to drop off students. At that time there is no staff to assist with drop-off operations. The pace of drop-off activity begins to increase by 7:40 AM. Parents enter the front loop in front of the school from Chiswell Road by making either a right-turn or left-turn into the driveway. School staff (two staff members), student safety patrol (usually six students), and volunteer dads (between two and four total) assist with drop-off operations at the school. This includes stopping vehicles so students/parents can cross the front loop driveway, waving cars forward to maximize the queuing space in the driveway, assisting students exiting vehicles, and directing traffic in the front loop. By 7:45 AM the queuing space in the front loop is fully utilized and the vehicle queue extends onto Chiswell Road with one to two vehicles queuing on Chiswell Road between the front loop driveway and Bellewood Drive. As a result of the queue on Chiswell Road, vehicles turning right from Bellewood Drive onto Chiswell Road also begin to queue up. School staff, safety patrol members, and the volunteer dads continue to assist with drop-off operations. There was an additional staff member that works the crosswalk at the intersection of Bellewood Drive and Chiswell Road.

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At 7:50 AM there is a vehicle queue on Bellewood Drive between seven (7) and ten (10) vehicles in length. The queue on Chiswell Road extends from the front loop driveway to Bellewood Drive (approximately two vehicles) with an additional four (4) vehicles south of the intersection at Bellewood Drive. This appeared to be the maximum queue for morning drop-off operations. Safety patrol students are dismissed to go to class at 7:55 AM, but staff and volunteer dads continue to assist with directing traffic in the loop and unloading cars. By 8:00 AM the front loop drive is still busy with the last surge of parents dropping off students, but the queue is fully contained within the loop drive and within a couple of minutes of the bell ringing (at 8:00 AM) the vehicle queue had dissipated. There are a significant number of parents that park their vehicles along the streets adjacent to the school and walk students to the building. In the morning this occurs on both Chiswell Road (between Clearhurst Drive and Bellewood Drive) and Bellewood Drive. There is some minor parking activity on Forestridge Drive. This parking activity did not significantly interfere with traffic flows on the roadways surrounding the school. The totals for parents parking and walking students to school are shown in Table 1 of section 2.3. 2.2.2 Afternoon Pick-Up Operations In the afternoon, students are released in one of three ways. Students that walk (or are picked up by parents who park and walk to school) are released from the back of the school at 3:00 PM. Students that attend daycare after school are released at 2:50 PM to load into daycare buses/vans queued in the staff/visitor lot. The last method is via the pick-up loop in front of the school. Students who are picked up at the front loop are staged in the gymnasium and exit the building as their names are called. Staff communicates via two-way radios, with one staff member standing in the area between the front loop entrance and the driveway for the staff/visitor lot. They identify the parent/student and call the name to those in the gymnasium. Students are assisting with loading into the vehicles by both staff and student safety patrol members. For front pick-up loop operations, parents begin arriving at the school before 2:30 PM to park/queue in the front loop driveway. Several of the parents were observed to exit the vehicle to pick-up their student early from school and then leave. Parents entered the front loop by making either a right or left-turn, but once the loop was full (queue reached Chiswell Road), left turn activity into the driveway ceased. By 2:45 PM the front loop was full with 14 vehicles queued on-site and the queue is beginning to extend to the south of the front loop driveway on Chiswell Road. No vehicle queue was observed on Bellewood Drive. The queue on Chiswell Road continued to build until 3:00 PM and the dismissal bell rang. The observed maximum queue was 50 vehicles on Chiswell Road, plus the 14 vehicles in the loop drive for a total of 64 vehicles. Once students began being released for pick up at the front loop, the vehicle queue on Chiswell Road began to decrease rapidly. By 3:05 PM, the queue on Chiswell Road was reduced to approximately 30 vehicles and was steadily moving north toward the entrance of the pick-up loop. By 3:10 PM, the queue on Chiswell Road was eliminated and the queue within the front loop was fully dissipated within a couple more minutes.

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As with the AM drop-off peak, there are a significant number of parents that park their vehicles along the streets adjacent to the school and walk to the building to wait and pick up students. In the afternoon, parking occurs on both Chiswell Road (between Spring Branch Drive and Bellewood Drive) and Bellewood Drive. There is also parking activity on Forestridge Drive, Wildhaven Drive and Clearhurst Drive. The parking activity did not significantly interfere with traffic flows on any of the roadways surrounding the school. The totals for parents parking and picking up students from school are shown in Table 1 of section 2.3. 2.3 Trip Generation and Observed Queues As part of the observations, Halff conducted traffic counts during the AM peak (7:00 to 8:15 AM) and school PM peak (2:15 to 3:30 PM). The counts were conducted at the following locations: Entry of front loop driveway at Chiswell Road Exit of front loop driveway at Chiswell Road Staff/visitor lot at Chiswell Road Staff/visitor lot at Bellewood Drive Staff lot at Bellewood Drive (east driveway) Staff lot at Bellewood Drive (west driveway) Halff conducted the traffic counts and observations in order to estimate the number of vehicle trips generated by the school at its current enrollment, approximately 752 students. A summary of the observed trip generation is presented in Table 1 below. Table 1 – Site Generated Trips (Observed) Land Use AM-Peak Hour School PM-Peak Hour In Out Total In Out Total Front Pick-up/Drop-off Loop 202 202 404 97 97 194 On-Street Pick-up/Drop-off 94 94 188 128 114 242 Staff Parking Areas 74 24 98 22 16 38

Total Trips 370 320 690 247 227 474 The trips shown are comprised of the trips turning into and out of the school driveways and the vehicles observed (both parking and stopping) dropping off or picking up students on streets adjacent to the school during the AM and PM peak hours of the school (the school hours of operation are 8:00 AM to 3:00 PM). From the peak hour observations and traffic counts, Halff also identified the time when the maximum number of vehicles were “queued” on or around the school (in this case, “queued” vehicles include vehicles queued on northbound Chiswell Road, westbound Bellewood Drive, and vehicles queued in the front loop driveway of the school). As is common at school campuses, the maximum queue was observed in the PM peak hour, just after students were released at 3:00 pm. The number of passenger cars waiting on or around the

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school campus to pick up students at this time was approximately 64 vehicles. Only one medium size school bus was queued on-site in the southeast staff lot. Halff also identified the parking demand for the school by counting the parked cars on the site after the morning and afternoon peak periods. The maximum observed parking demand for the school was 58 vehicles which occurred after the morning peak period, which is 16 less than the current parking supply. 2.4 Proposed Campus Improvements As mentioned, the RISD is planning to add 6 new classrooms to White Rock Elementary School campus, which will be located on the northwest wing of the school. The district will also be expanding the schoolâ&#x20AC;&#x2122;s cafeteria and gym. The campus expansion will require the staff parking lot, located on the back side/interior parking area to be reconfigured. This will add 14 more parking spaces to the campus, for a total of 78 marked parking spaces on the site. As part of the reconfiguration, the east driveway serving the staff lot will be moved further east to straighten the driveway alignment. No other improvements to the campus are proposed as part of this project. With the proposed site improvements, Halff is recommending the addition of a second pick-up loop along the southeast side of school. For this pick-up loop, vehicles will enter the east staff lot drive (on Bellewood Drive), route (and queue) through the interior of the staff parking lot and then loop back around the southeast side of the school building where loading of students into vehicles will occur. This proposed loop will have stacking space to accommodate approximately 38 passenger vehicles. This represents an increase in on-site stacking space of 830 feet. Staff Assistance For elementary schools, assistance from staff is necessary to optimize traffic flow, especially during the afternoon pick-up when vehicles waiting to pick up students may queue onto the adjacent City streets. Presented below are steps that should be taken by school staff to facilitate safe and efficient student loading operations in the afternoon peak period. Although both the morning and afternoon operations were observed, the main focus of the TMP is on the afternoon operations due to the presence of larger queues for longer periods of time. Many of the concepts developed for the afternoon pick-up operations can be applied to morning drop-off operations as well. Additionally, many of the items listed below are already being implemented and should continue to be used. 2.6.1 Morning Drop-Off Parents and day care vans to drop off in the front loop drive in the morning. Drop off can occur in the lane nearest the school building; the adjacent lane (nearest Chiswell Road) should be kept open for traffic flow around stopped vehicles. Parents will be allowed to turn left into front loop drive, but will be encouraged to move to the north end (past the crosswalk at the main entry) for drop-off. This will help prevent the driveway entrance from being blocked. This would require removal of the existing left-turn restriction during the AM Peak.

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6 to 8 manned unloading stations should be provided and should be identified with traffic cones, which will better indicate to parents where the unloading should occur. Two staff members should be present to support safety patrol students (one student per station). Volunteer parents can assist operations, but should be used as a supplement to regular staff and safety patrol. This will ensure normal operations on days when volunteer parents are not available. One staff member/safety patrol student should be stationed at main entry crosswalk. The individual working should be encouraged to not stop vehicles until the unloading queue has reached the crosswalk. This will help keep traffic flow in the loop from being stopped unnecessarily. Remove the second crosswalk to the north in the front loop drive and direct all pedestrian traffic to main crosswalk. Another staff member should be at crosswalk at Bellewood Drive and Chiswell Road. Traffic cones encouraging traffic to make right turn when exiting loop drive should continue to be placed at exit to Chiswell Road. In addition to the front loop, parents will also be allowed to drop-off students along southeast side of school, using the staff lot driveways on Bellewood Drive. Four manned unloading stations identified with traffic cones should be provided. One staff member should be present to support safety patrol students (one student per station). School staff and/or student safety patrol should actively assist students exiting their vehicle. At least one staff member should be outside by 7:20 AM to setup Staff members and safety patrol should be present and working to unload vehicles by not later than 7:35 AM. School staff and/or student safety patrol should actively assist students exiting their vehicle. Students should exit vehicle from the passenger side only and parents should remain in vehicle. Parents should be instructed to pull forward to the furthest open unloading station, and should only unload their student at a designated unloading station. Parents should be instructed to not drop off their student in the street (in the travel lanes). Students should be dropped off in the front loop or southeast loop drives, or parents should park on Chiswell Road or Bellewood Drive and allow their student to exit the vehicle on the curb side. 2.6.2 Afternoon Pick Up Bus for disabled students should queue at end of westmost staff lot driveway. It is recommended that students be loaded onto bus at 2:50 PM to allow bus to depart before 3:00 release of remaining students. Daycare buses/vans should be staged in south staff/visitor lot. Daycare drivers should be encouraged to pull up to driveway on Chiswell Road to maximize queuing space. Parents will be allowed to pick up students using both the front loop drive and the southeast loop drive. Staff should decide how to divide students to balance demand between front and southeast loops. Pick up in the front loop can occur in the lane nearest the school building; the adjacent lane (nearest Chiswell Road) should be kept open for traffic flow.

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Left-turns into front loop driveway will be restricted during the afternoon peak. Replace existing “No Left Turn” sign with MUTCD standard 24” x 24” sign and add supplemental plaque with 2:00 to 3:30 PM restriction on school days. 6 to 8 manned loading stations should be provided at front loop. These should be identified with traffic cones. A minimum of two staff members should be present to support safety patrol students (one student per station). One staff member/student safety patrol member should be stationed at crosswalk at main entry, and one staff should be located at crosswalk at Bellewood Drive and Chiswell Road. Traffic cones directing traffic to make right turn when exiting loop drive should be placed at exit to Chiswell Road. Along with the front pick-up loop, parents will be allowed to pick up students along southeast side of school. Four manned loading stations identified with traffic cones should be provided. One staff member should be present to support safety patrol students (one student per station) loading vehicles. Two staff members should be located in advance of car lines (one for front loop and one for southeast loop) to radio for students to be sent out to car line. It is recommended that a hanging tag system with numbers be used. This will improve operation when substitute staff (that may not recognize parent’s vehicles) is working the car lines. School staff and/or student safety patrol should actively assist students loading into their vehicle. Students should enter vehicle from the passenger side only and parents should remain in vehicle. Parents should be instructed to pull forward to the furthest open loading station and should only load their student at a designated loading station. Parents should be instructed to not pick up their student in the street (in the travel lanes). Students should be picked up at the front loop or southeast loop drives, or parents should park where permitted on roadways adjacent to the school site and walk to the school to pick up student.

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PROPOSED CIRCULATION PLAN

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AERIAL MAP 1:3,600 24

Case no: Date:

Z134-136 12/31/201 3

Z134-136(WE)

Single Family Single Family

Single Family

Z134-136(WE)

CPC RESPONSES

Z134-136(WE)

Notification List of Property Owners Z134-136 198 Property Owners Notified

Vote

1 Property Owner Opposed

Label # Address

25 Property Owners in Favor

Owner

9229

CHISWELL RD

RICHARDSON ISD

9264

CLIFFMERE DR

PARRINO STEPHEN J &

9258

CLIFFMERE DR

CAVERLEE JOHN G &

9254

CLIFFMERE DR

WOODS TIMOTHY P & DARLA M

9250

CLIFFMERE DR

KUBELKA SANDRA E &

9244

CLIFFMERE DR

SCHMIDT DAVID &

9240

CLIFFMERE DR

FOWLER SCOTT L &

9236

CLIFFMERE DR

EASTMAN DAVID P &

9230

CLIFFMERE DR

MORGAN CLARK & ERIN

9226

CLIFFMERE DR

TUCKER ERIC B & SHONI S

9222

CLIFFMERE DR

AITON JOCELE K

9216

CLIFFMERE DR

SEALE EUGENE L JR EST OF

9212

CLIFFMERE DR

ALER DAVID WADE

9354

CLEARHURST DR

TUCCIO LARRY J & KAREN P

9350

CLEARHURST DR

ASBY CAMERON J & CARIN E

9334

CHISWELL RD

ERWIN STEPHEN F

9328

CHISWELL RD

NOBILITY HOMES INC

9324

CHISWELL RD

BLOMBERG JOHN

9320

CHISWELL RD

NOBLETT FREDERICK M III &

9316

CHISWELL RD

LANG VIRGIL D

9310

CHISWELL RD

HEFTON RYAN M & SARAH W

9306

CHISWELL RD

GHOLSTON JOHN C & LISA C

9242

CHISWELL RD

PROCTOR JOSEPH L &

9236

CHISWELL RD

OSBORNE KENNETH M &

9232

CHISWELL RD

LIBBY KYLE A & WENDY M

9228

CHISWELL RD

WHATLEY ASHLEY & STEVEN PATRICK

Thursday, January 23, 2014

Z134-136 (WE)

Vote

Label # Address

Owner

9222

CHISWELL RD

ATKINSON JAMES BRIAN &

9218

CHISWELL RD

MONGARAS ROSE MARIE

9212

CHISWELL RD

CHALFANT PETER E &

9422

CLEARHURST DR

CLAIRE ANDREA L

9416

CLEARHURST DR

EDSON ANDREW G & JANE S

9410

CLEARHURST DR

CARLIN JAMES R

9406

CLEARHURST DR

LATIMER BARBARA M

9211

CLIFFMERE DR

LIERLY GLEN A

9215

CLIFFMERE DR

MILLER WILLIAM R II & JILL C

9221

CLIFFMERE DR

CANDLER CHRISTINE M &

9225

CLIFFMERE DR

OWENS CELINA CAMARGO

9229

CLIFFMERE DR

CAMARGO ORLANDO E

9235

CLIFFMERE DR

SMITH JIMMY L

9241

CLIFFMERE DR

BLEVINS HUGH T JR

9245

CLIFFMERE DR

SCOTT MICHAEL J & MARY A

9251

CLIFFMERE DR

MCBRIERTY HARRY J JR

9255

CLIFFMERE DR

RYAN MICHAEL & JENNIFER B

9259

CLIFFMERE DR

Taxpayer at

9265

CLIFFMERE DR

WOODALL RAMSAY P & CARY B

9271

CLIFFMERE DR

BUTLER DAVID L & LISA M

9336

FORESTRIDGE DR

HOOTEN OWEN W JR &

9333

CHISWELL RD

COLQUITT DOUGLAS R & MARIAM D

9329

CHISWELL RD

MASSEY JOHN M III &

9325

CHISWELL RD

EVANS BERT R

9319

CHISWELL RD

CURRIER RONALD P &

9315

CHISWELL RD

BASKETT ROBERT E

9309

CHISWELL RD

DELEON RUTH

9305

CHISWELL RD

MEADOWS MRS SHERMAN R

9306

FORESTRIDGE DR

WOODUL DAVID C & CHERYL M

9312

FORESTRIDGE DR

HOWLETT JASON L TR &

9316

FORESTRIDGE DR

STEIN STEVEN C & CLARE A

Thursday, January 23, 2014

Z134-136 (WE)

Vote

Label # Address

Owner

9322

FORESTRIDGE DR

PAUL JAY

9326

FORESTRIDGE DR

HERSHORN PATRICK B &

9332

FORESTRIDGE DR

JEFFERY BEN & STEPHANIE

9730

MAPLEHILL DR

WEHE JAMES E

9724

MAPLEHILL DR

PARKER SUSAN L &

9718

MAPLEHILL DR

FIELD JOHN ARTHUR &

9712

MAPLEHILL DR

STAFFORD ZOE F

9706

MAPLEHILL DR

GROPP DOUGLAS M &

9336

WILDHAVEN DR

DODD MARY T

9330

WILDHAVEN DR

WERNICK MAX A &

9324

WILDHAVEN DR

CORBETT JAMES & DONNA

9318

WILDHAVEN DR

DORMINY SEAN P &

9312

WILDHAVEN DR

JANNEY ROBERT & ROSEMARY

9306

WILDHAVEN DR

HORTON AMY F & JOHN E

9305

FORESTRIDGE DR

BEAVERS JUANITA

9311

FORESTRIDGE DR

STARR DONNA JILL L

9315

FORESTRIDGE DR

WILLIAMS TODD A

9321

FORESTRIDGE DR

DALHAUSSER DIRK M &

9327

FORESTRIDGE DR

LINDBLOM ANN M TR

9335

FORESTRIDGE DR

NICKELL HATTIE M TRUSTEE

9707

WISTERWOOD DR

Taxpayer at

9715

WISTERWOOD DR

SWANN CAROLINE SPEARS

9423

CLEARHURST DR

SWANZY F R TRUST

9417

CLEARHURST DR

STALLINGS WALTER B &

9411

CLEARHURST DR

ASTON EVELYN LOUISE

9405

CLEARHURST DR

FARMER MICHAEL &

9357

CLEARHURST DR

YOUNG AUSTIN JR TR &

9353

CLEARHURST DR

PORTNER STEPHEN & EILEEN M

9349

CLEARHURST DR

GIESELMAN ROBERT L

9552

SPRINGBRANCH DR

MYERS TODD

9558

SPRINGBRANCH DR

FAULHABER ROY R

Thursday, January 23, 2014

Z134-136 (WE)

Vote

Label # Address

Owner

9562

SPRINGBRANCH DR

REED ROBERT M &

9566

SPRINGBRANCH DR

GUTIERREZ MIGUEL A &

9570

SPRINGBRANCH DR

DILLARD ANTHONY & KACY

9574

SPRINGBRANCH DR

KEY RANDALL V & LINDSAY K

9578

SPRINGBRANCH DR

DALTON DEWEY JR & ALISSA

9582

SPRINGBRANCH DR

FARIS SCOTT & COURTNEY

9552

HIGHEDGE DR

KUNKEL GEORGE C TR

9558

HIGHEDGE DR

POTTER CHAD WILLIAM & MARY ELLEN

9562

HIGHEDGE DR

LALICKER HEATHER A &

9568

HIGHEDGE DR

CLARK VICKI L

9572

HIGHEDGE DR

MATTHEWS JASON & LAURA

100

9578

HIGHEDGE DR

HARDESTY KENT R & ROBBI L

101

9583

SPRINGBRANCH DR

HOLMAN BURSON M & JENNIFER B

102

9579

SPRINGBRANCH DR

KENNEDY JAMES M &

103

9575

SPRINGBRANCH DR

SABERIAN CAROL WELLS

104

9571

SPRINGBRANCH DR

COON PAUL H & DIANA V

105

9567

SPRINGBRANCH DR

HINES KATHERINE

106

9563

SPRINGBRANCH DR

SKINNER LORENA M

107

9559

SPRINGBRANCH DR

GEORGE DAVID S

108

9553

SPRINGBRANCH DR

LORINO MICHAEL & AMY

109

9735

MAPLEHILL DR

MINTON CHARLES WILLIAM

110

9729

MAPLEHILL DR

MARTIN JAMES T & KELLY L

111

9723

MAPLEHILL DR

ALLEN PHIL R

112

9717

MAPLEHILL DR

STILES MARY KATHLEEN

113

9711

MAPLEHILL DR

OWEN GLENN PAUL &

114

9705

MAPLEHILL DR

RANKIN KAREN E

115

9606

BELLEWOOD DR

COX BILLIE LEON

116

9612

BELLEWOOD DR

QUENZER MICHAEL P & WENDY

117

9618

BELLEWOOD DR

CALVIN SHANE C & CHERYL L

118

9624

BELLEWOOD DR

HARRELL ROBERT E &

119

9630

BELLEWOOD DR

KRUEGER JEFFREY & SARAH

O O

Thursday, January 23, 2014

Z134-136 (WE)

Vote

Label # Address

Owner

120

9636

BELLEWOOD DR

GOOLSBY WILLARD J

121

9704

BELLEWOOD DR

JAMES KEITH & KIRSTEN

122

9710

BELLEWOOD DR

GARRETT MARYDEL ORR

123

9716

BELLEWOOD DR

PREWETT JANICE L

124

9722

BELLEWOOD DR

BURKHALTER DAVID S &

125

9728

BELLEWOOD DR

ROLLINS DEREK D &

126

9734

BELLEWOOD DR

FAULK JEFFREY A & MEGAN

127

9740

BELLEWOOD DR

MACON MARTY

128

9746

BELLEWOOD DR

MERIPOLSKI MICHAEL &

129

9747

BELLEWOOD DR

CUNNINGHAM JOHN N

130

9741

BELLEWOOD DR

BIRD ROSS & KAY A

131

9735

BELLEWOOD DR

WOOLDRIDGE KAREN S

132

9729

BELLEWOOD DR

BEATEY STACEY & JASON BEATEY

133

9723

BELLEWOOD DR

GUENTHER KARL H &

134

9717

BELLEWOOD DR

MOSLEY KATHRYN C & WILLIAM B

135

9711

BELLEWOOD DR

MATLACK DAVID

136

9606

BROKEN BOW RD

TOBIN FRANCIS J &

137

9612

BROKEN BOW RD

TAYLOR JOHN R &

138

9618

BROKEN BOW RD

YOUNG BEN W & JEANNE C

139

9624

BROKEN BOW RD

DUNCAN LANE A &

140

9628

BROKEN BOW RD

SILVA DAVID D &

141

9634

BROKEN BOW RD

HARVEY DAVID R

142

9638

BROKEN BOW RD

BOLEN INVESTMENTS RD STE 100

143

9605

BROKEN BOW RD

HOLACKA SANDRA

144

9611

BROKEN BOW RD

FURR LAURA J

145

9617

BROKEN BOW RD

TERRELL PAMELA M

146

9623

BROKEN BOW RD

NOWELL LAURA B & JAMES M

147

9629

BROKEN BOW RD

TWOMEY DONNA

148

9635

BROKEN BOW RD

HOPPERS RICHARD G

149

9639

BROKEN BOW RD

VINCENT DANIELE B

150

9643

BROKEN BOW RD

WILLIAMS WESLEY P &

Thursday, January 23, 2014

Z134-136 (WE)

Vote

Label # Address

Owner

151

9647

BROKEN BOW RD

LOSASSO MICHAEL & AIMEE

152

9653

BROKEN BOW RD

SCHAEFER EDWARD R

153

9659

BROKEN BOW RD

TAYLOR THOMAS E

154

9665

BROKEN BOW RD

MARSH R G

155

9671

BROKEN BOW RD

RUSH RICHARD W

156

9677

BROKEN BOW RD

HARTNETT ZOLA E

157

9478

SPRINGBRANCH DR

RAMSEY MATTHEW H & ALYSSA

158

9472

SPRINGBRANCH DR

DAVIS JEFFREY J

159

9466

SPRINGBRANCH DR

COTHERN MICHAEL & ASHLY

160

9460

SPRINGBRANCH DR

OGLESBY CHARI C & JASON A

161

9454

SPRINGBRANCH DR

CRAIN WILLIAM T

162

9448

SPRINGBRANCH DR

JUSSELIN PAUL G & KATHY

163

9442

SPRINGBRANCH DR

BETHEA KEN D &

164

9479

SPRINGBRANCH DR

STONE DAN C

165

9473

SPRINGBRANCH DR

PATE RUSSELL R

166

9467

SPRINGBRANCH DR

ROBERTSON DAVID

167

9461

SPRINGBRANCH DR

BRISCOE WILLIAM & VALERIE

168

9455

SPRINGBRANCH DR

PUTNAM NORMAN J III &

169

9449

SPRINGBRANCH DR

HARPER CASEY & ALYCIA

170

9438

HIGHEDGE DR

WELTIN WAYNE J

171

9444

HIGHEDGE DR

SHIRLEY JANIE

172

9450

HIGHEDGE DR

GRAHAM STEPHEN &

173

9456

HIGHEDGE DR

LUTHER WILLIAM SIM

174

9464

HIGHEDGE DR

THOMPSON HENRY E &

175

9506

SPRINGBRANCH DR

D ANDREA BRADEN P

176

9512

SPRINGBRANCH DR

MILLER NICOLE & JASON

177

9518

SPRINGBRANCH DR

MOSTELLER JEFFREY &

178

9524

SPRINGBRANCH DR

ELMORE BEVERLY H

179

9530

SPRINGBRANCH DR

HOOD JEFF

180

9536

SPRINGBRANCH DR

HORANY ERNEST E II &

181

9542

SPRINGBRANCH DR

SHANNON ANDREW F JR

Thursday, January 23, 2014

Z134-136 (WE)

Vote O O

Label # Address

Owner

182

9548

SPRINGBRANCH DR

SIDES STEPHEN W & JEAN E

183

9506

HIGHEDGE DR

NIEMANN JOHN E & SHANNON N

184

9512

HIGHEDGE DR

TERRELL JOSEPH D & RACHEL

185

9518

HIGHEDGE DR

PONCE BRYAN & ANGELA

186

9524

HIGHEDGE DR

HOPPERS RICHARD MARC &

187

9530

HIGHEDGE DR

BEAKEY MARJORIE M

188

9536

HIGHEDGE DR

HALL MEGAN M & ERIC R

189

9542

HIGHEDGE DR

HOUSER CHRIS RYAN & ANNE LOUISE

190

9548

HIGHEDGE DR

DYER DAVID B & MARY L

191

9549

SPRINGBRANCH DR

KLIEVER ARTHISS M

192

9543

SPRINGBRANCH DR

CURRY GEORGE T & HARRIETT

193

9537

SPRINGBRANCH DR

FELS FRED T

194

9531

SPRINGBRANCH DR

PRICE DON A & BRIDGET

195

9525

SPRINGBRANCH DR

HORSTMAN MARK J &

196

9519

SPRINGBRANCH DR

HIRSH HERMAN H EST OF

197

9515

SPRINGBRANCH DR

DEBENPORT ROBERT S ETAL

198

9507

SPRINGBRANCH DR

NAVARRO RAMON

Thursday, January 23, 2014

AGENDA ITEM # 77 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

27 M

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 523 to revise the development plan for a public school on the northeast corner of Estate Lane and Ferndale Road Recommendation of Staff and CPC: Approval, subject to a revised development/landscape plan, traffic management plan and revised conditions Z134-137(WE)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z134-137(WE)

DATE FILED: November 26, 2013

LOCATION:

Estate Lane and Ferndale Road, northeast corner

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 8.511 acres

CENSUS TRACT: 130.05

27-M

APPLICANT / OWNER:

Richardson Independent School District

REPRESENTATIVE:

Karl Crawley, MasterPlan

REQUEST:

An application for an amendment to Planned Development District No. 523 to revise the development plan for a public school.

SUMMARY:

The purpose of this request is to allow for several additions to the Wallace Elementary School. The Richardson Independent School District is planning to construct six additional classrooms and increase the square footage to the cafeteria and administration facility.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z134-137(WE)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval the Planned Development District based upon: 1. Performance impacts upon surrounding property – The additional building expansion to the elementary school should not have a negative impact on the surrounding residential uses. 2. Traffic impact – The Engineering Section of the Department of Sustainable Development and Construction has determined that the request will not have a negative impact on the street system. The Transportation Department and the Engineering Section of the Department of Sustainable Development have approved the applicant’s revised traffic management plan and circulation plan. 3. Comprehensive Plan or Area Plan Conformance – The forwardDallas! Comprehensive Plan shows that the request site in located in a Residential Neighborhood Building Block and is in compliance. BACKGROUND INFORMATION: The request site is developed with a one-story, 61,000-square-foot elementary school. The amendment to the Planned Development District No. 523 will permit the construction of six additional classrooms and an increase in the maximum floor area to the administration facility and cafeteria space. The maximum expansion area will total approximately 12,500 square feet of floor area. The land uses surrounding the request site consist of single family uses. Zoning History: area.

There has not been any recent zoning change requested in the

Thoroughfares/Streets: Thoroughfare/Street

Kirkhaven Drive Estate Lane Ferndale Road

Type

Existing ROW

Proposed ROW

Local Local Local

60 ft. 60 ft. 60 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 which required revising the traffic management plan and circulation plan for the application submittal. The worksheet provides update on the number of vehicular trips that will be generated by the existing and proposed students. 2

Z134-137(WE)

Surrounding Land Uses: Zoning PDD No. 523 R-7.5(A) R-7.5(A) R-7.5(A) R-7.5(A)

Site North South East West

Land Use Elementary School Single Family Single Family Single Family Single Family

R-7.5(A) Single Family

PDD No. 523 Single Family

SETBACKS Front 25’ 30’

Side/Rear 5’ 30’

Landscaping: Landscaping development/landscape plan.

Density

Height

Lot Coverage

1 Dwelling Unit/ 7,500 sq. ft.

30’

45%

Single family

60%

Single family, elementary school

73,500 sq. ft.

will

30’

Special Standards

accordance

with

PRIMARY Uses

the

attached

Parking: The requirement for off-street parking for an elementary school is one and one-half space for each kindergarten/elementary school classroom. The number of required off-street parking spaces for the proposed school is 68 spaces and the applicant is proposing to provide 72 off-street parking spaces. The maximum number of classrooms proposed is 45 classrooms.

Z134-137(WE)

CPC Action (January 23, 2014) Motion: It was moved to recommend approval of an amendment to Planned Development District No. 523 to revise the development plan for a public school, subject to a revised development/landscape plan, revised traffic management plan, revised traffic management circulation plan and revised conditions on the northeast corner of Estate Lane and Ferndale Road. Maker: Ridley Second: Soto Result: Carried: 14 to 0 For:

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

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

Area: For:

0 1 - Hinojosa 0 500 7

Mailed: 183 Against: 22

None

Z134-137(WE)

LIST OF BORAD OF TRUSTEES Richardson Independent School District

Z134-137(WE)

CPC PROPOSED PDD CONDITIONS ARTICLE 523. PD 523. SEC. 51P-523.101. LEGISLATIVE HISTORY. PD 523 was established by Ordinance No. 23702, passed by the Dallas City Council on November 11, 1998. Ordinance No. 23702 amended Ordinance No. 19455, Chapter 51A of the Dallas City Code, as amended. SEC. 51P-523.102. PROPERTY LOCATION AND SIZE. PD 523 is established on property generally located at the northeast corner of Ferndale Road and Estate Lane. The size of PD 523 is approximately 9.992 acres. SEC. 51P-523.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations contained in Chapter 51A apply to this article. (b) Unless otherwise stated, all code references are to Chapter 51A. (c) This district is considered to be a residential zoning district. SEC. 51P-523.104. DEVELOPMENT/LANDSCAPE PLAN. (a) Development and use of the Property for a public school must comply with the development/landscape plan (Exhibit 523A). In the event of a conflict between the provisions of this article and the development/landscape plan, the provisions of this article control. (b) For all other permitted uses, Section 51A-4.702 regarding the submission of or amendment to a development, site, or landscape plan does not apply. SEC. 51P-523.105. MAIN USES PERMITTED. (a) Public school. (b) Except as provided in Subsection (a), the only uses permitted in this district are all uses permitted in the R-7.5(A) Single Family District, subject to the same conditions applicable in the R-7.5(A) Single Family District, as set out in the Dallas Development Code, as amended. For example, a use permitted in the R-7.5(A) Single Family District by specific use permit (SUP) only is permitted in this planned 6

Z134-137(WE)

development district by SUP only. A use subject to development impact review (DIR) in the R-7.5(A) Single Family District is subject to DIR in this planned development district, etc. SEC. 51P-523.106. ACCESSORY USES. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (Ord. Nos. 23702; 25164) SEC. 51P-523.107. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this section and Division 51A-4.400, this section controls.) (a) Front yard. (1) For a public school, minimum front yard is 30 feet as shown on the development/landscape plan. (2) For all other permitted uses, minimum front yard is 25 feet. (b) Side and rear yard. (1) For a public school, minimum side and rear yard are 30 feet as shown on the development/landscape plan. (2) For all other permitted uses, minimum side yard for single family structures is five feet; minimum side yard for other permitted structures is 10 feet; the minimum rear yard for single family structures is five feet, minimum rear yard for other permitted structures is 15 feet. (c) Density. No maximum dwelling unit density. (d) Height. (1) For a public school use, maximum structure height is 30 feet, as shown on the development and landscape plan. (2)[(1)] If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope.

Z134-137(WE)

[(2) Unless further restricted under Subsection (d)(1) above, no maximum structure height for a public school.] (3) Maximum structure height for all other permitted uses is 30 feet. (e) Lot coverage. (1) For a public school, maximum lot coverage is 60 percent. (2) For all other permitted uses, maximum lot coverage is 45 percent for residential structures and 25 percent for nonresidential structures. (3) Surface parking lots and underground parking structures are not included in lot coverage calculations. (f) Lot size. Minimum lot size for residential uses is 7,500 square feet. (g) Stories. (1) For a public school, maximum number of stories is two. (2) For all other permitted uses, no maximum number of stories. (h) Floor area. [No maximum floor area.] (1) For a public school use, maximum floor area is 73,500 square feet. The floor area must be located as shown on the development and landscape plan. (2) For all other permitted uses, no maximum floor area. SEC. 51P-523.108. OFF-STREET PARKING AND LOADING. (a) Off-street parking for a public school must be provided in accordance with Chapter 51A. Off-street parking may be located in the required front yard. (b) For all other uses, consult the use regulations (Division 51A-4.200) for the specific off-street parking and loading requirements for each use. Consult the off-street parking and loading regulations (Division 51A-4.300) for information regarding off-street parking and loading generally. SEC. 51P-581.109. TRAFFIC MANAGEMENT PLAN (a) In general. Operation of a public school other than an open-enrollment charter school must comply with the traffic management plan (Exhibit ____B).

Z134-137(WE)

(b)

Traffic study.

(1) 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 March, 2016. After the initial traffic study, the Property owner or operator shall submit biennial updates of the traffic study to the director by March 1 of each even-numbered year. (2) The traffic study must be in writing, performed by a licensed engineer, based on a minimum of four samples taken on different school days at different drop-off and pick-up times over a two-week period, and must contain an analysis of the following: (A)

ingress and egress points;

(B)

queue lengths;

number and location of personnel assisting with loading and

(D)

drop-off and pick-up locations;

(E)

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

(F)

hours for each grade level;

(G)

circulation;

Z134-137(WE)

(2) In order to amend a traffic management plan, the Property owner or operator must provide data showing the number of students who live within walking distance of the school, how many students actually walk to school, and how many students use public transportation. (3) 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. SEC. 51P-523.110[09]. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P-523.111[0]. LANDSCAPING. (a) Landscaping for a public school must be provided as shown on the development/landscape plan and must be completed within six months after the issuance of a certificate of occupancy. (b) Landscaping for all other uses must be provided in accordance with Article X. (c) Prior to the issuance of a building permit, tree preservation criteria must be met as outlined in Article X. All plant materials must be maintained in a healthy, growing condition. SEC. 51P-523.112[1]. SIGNS. Signs must comply with the provisions for non-business zoning districts contained in Article VII. SEC. 51P-523.113[2]. INGRESS-EGRESS. Ingress and egress must be provided as shown on the development/landscape plan. SEC. 51P-523.114[3]. ADDITIONAL PROVISIONS. (a) The entire Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city.

Z134-137(WE)

SEC. 51P-523.115[4]. 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 or certificate of occupancy for a use in this planned development 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-523.115. ZONING MAP.] [PD 523 is located on Zoning Map No. F-9.]

Z134-137(WE)

PROPOSED DEVELOPMENT PLAN

Z134-137(WE)

TRAFFIC MANAGEMENT PLAN The purpose of the Traffic Management Plan (TMP) is to have established procedures for traffic flow and circulation around the elementary school related to student drop-off and pick-up operations. Use of a TMP helps improve traffic / student safety and helps maximize the efficiency of drop-off and pick-up operations, reducing delays during those time periods. The analysis summarized in this report identifies critical elements of the TMP such as available queuing space that is both on and off site, circulation patterns for the school facilities, and the projected trip generation (and estimated queuing) during the morning and afternoon peaks. 2.1 Operational Characteristics Based on information from Richardson ISD, the elementary school currently has: maximum of 705 students 68 staff members 40% students that walk to/from the school * * In this case, “walking” students also includes students whose parent parks on an adjacent / nearby street and walk with their child to / from the school building. The vehicles that these students may be in do not pass through the front loop drive. With the proposed addition, the elementary school will have: maximum of 780 students 78 staff members 40% students that walk to/from the school 2.1.1 School Hours The normal daily schedule for the school is: All grades start at 8:00 AM Pre-kindergarten is released at 2:50 PM Grades kindergarten through 6 are released at 3:00 PM Although the operating times of the school are established, not all students enter / exit the site at the same time. Other activities at the school (such as the breakfast program, after-school tutoring, student clubs, etc.) may cause students to arrive / leave at times outside the normal class times. Occasional special events at the school may generate traffic peaks that outside of the normal drop-off and pick-up times. While these special events were not reviewed as part of the time TMP, measures or recommendations discussed may be applicable. 2.2 Circulation Halff observed traffic flow on and around the school campus during the AM peak (7:00 to 8:15 AM) and school PM peak (2:15 – 3:30 PM) on Monday, November 11, 2013. Below is a discussion of the current procedures that the school is utilizing during the morning drop off and afternoon pick up time periods. 13

Z134-137(WE)

AM Peak Period The school building opens to students at 7:15 am each morning. Students are only allowed to enter through the main entrance on the front (east) side of the school building. Parents enter the front loop drive from southbound Kirkhaven Drive, stop in front of the school building to drop off their child, and then exit the loop drive to southbound Kirkhaven Drive (left turns into the loop drive are prohibited during both peak periods). In the morning peak, parents are allowed to drop off from both the school side of the loop and from the Kirkhaven side of the loop – the middle lane is kept clear for through traffic / circulation. (The front loop drive is approximately 330 feet long and 23 feet wide.) Parents also dropped off students at the west curb of Kirkhaven Drive adjacent to the school building (between the loop entrance and exit drives). Parents were observed parking along the east side of Kirkhaven Drive across from the school and along the west side of Kirkhaven Drive north of the school. A few parents were observed parking along Estate Lane on the south side of the school. The majority of the parents that parked on the street adjacent to the school exited their vehicle with their child, and walked with the child to the front of the school building. (The exception to this is the parents that dropped of their child on the west curb of Kirkhaven Drive between the loop entrance and exit drives. This section is currently designated as a “Loading Zone” with a “No Parking” restriction during the school peak periods. Almost all of the parents that stopped in this area dropped off their students; they did not exit the vehicle and walk with their student to the front entrance.) School staff sets out cones along the school side of the front loop to identify designated unloading stations, begins to assist with the unloading operation in the front loop, and monitors the loop drive crosswalk, beginning around 7:30 am. A student safety patrol group, comprised of older students, also assists in the morning by helping students in the front loop exit their vehicles, holding up flags on either side of the crosswalk to warn drivers in the loop drive, and monitoring the staff parking lot. (Student safety patrol members place cones across the south staff lot driveway to prohibit access in the morning peak; the same patrol members are then stationed at the north staff lot driveway to prohibit parents from entering the lot and dropping off students. Only school staff is allowed to enter / exit the staff lot, via the north driveway, in the morning peak period.) School buses also drop off students (and currently pick up some overflow students) in the front loop drive. Halff observed 7 full size buses and 1 special education bus accessing the school. On the day of Halff’s observation, parents began dropping off students a few minutes before 7:15 am. Most of the buses arrived and departed by 7:30 am. The majority of the drop off activity, both in the loop drive and along the adjacent streets, occurred between 7:40 am and 8:00 am. Vehicles queued out of the front loop drive on a couple of occasions, with the maximum observed queue extending 4 – 5 vehicle out of the front loop onto Kirkhaven Drive. By 8:05 am, virtually all school-related traffic activity had ceased. PM Peak Period In the school PM peak period, parents are allowed to pick up students in the front loop drive, on the school side of the loop drive only. The remaining area is kept open for through traffic / circulation. Seven loading stations are set up along the school side of the loop drive. Students 14

Z134-137(WE)

being picked up in the loop drive are led out of the building and arranged by grade level on the east side of the building. Parents entering the loop drive display a hang tag with their child’s name and grade level. A school staff member, stationed near the loop entrance drive, watches the vehicles entering the loop drive, and calls the name(s) displayed on the vehicle’s hang tag. Other staff members monitoring each grade level assist in identifying the student(s) whose names have been called, and direct them to a loading station, where they are then picked up by their parent. Parents waiting to enter the front loop drive were observed queuing along southbound Kirkhaven Drive, and a couple of vehicles were observed queuing along westbound Robindale Drive at Kirkhaven. School safety patrol members were also present in the afternoon, and school staff was stationed in the loop drive crosswalk to assist students crossing the loop drive. Access to the staff parking lot south driveway is also prohibited during the afternoon peak period. Parents who do not pick up their student in the loop drive were observed parking along the east side of Kirkhaven Drive and along both sides of Estate Lane (except for a section of the north side of Estate west of Kirkhaven, which is used for bus pick up). As in the morning peak, the majority of parents that parked on the street exited their vehicle and walked to the front of the school to meet up with their student, and then walked together back to their vehicle. School buses queue along the north side of Estate Lane west of Kirkhaven Drive to pick up students; students riding the buses are dismissed from the south doors of the building at 2:55 pm, and are escorted by school staff to the buses. Halff observed 6 full sized buses and 1 special education bus picking up students. Most of the buses loaded and departed the site by 3:00 pm. Day care vans (Halff observed 6 picking up students) queue along southbound Kirkhaven Drive between the front loop entrance and exit drives. School staff marks this area with cones placed along the curb, to identify it as the day care van loading area and to prohibit parents from parking or stopping in this area. On the day of Halff’s observation, parents began queuing in the front loop drive before 2:15 pm. By 2:40 pm, the front loop drive was full (13 vehicles). Cars continued queuing along southbound Kirkhaven Drive until students were released at 3:00 pm. The maximum queue observed along Kirkhaven Drive was approximately 28 vehicles, which included 1 vehicle queued on eastbound Church Road. Including vehicles queued in the front loop, the maximum observed queue in the afternoon peak period was approximately 40 vehicles. The front loop and most of the adjacent streets were clear by 3:15 pm. 2.5 Projected Trip Generation, Queuing, and Parking Demand Halff used a straight-line projection to estimate the projected increase in trip generation due to the enrollment increase of 75 students. The projected trip generation for the school with an enrollment of 780 students is shown in Table 2. Table 2 – Site Generated Trips (Projected) Elementary School 780 students AM-Peak Hour PM-Peak Hour In Out Total In Out Total

Total Trips (projected) 352 302 654 174 166 340

Z134-137(WE)

Halff also estimated the queuing demand in the afternoon peak period, once the school reaches its projected maximum enrollment of 780 students. The projected queue demand at maximum enrollment is approximately 45 passenger cars in the PM peak period, an increase of 5 cars over the maximum observed queue of 40 vehicles. A large percentage of the new students will be bused to / from the school, which could necessitate adding an additional school bus to the current fleet of 6 full size buses that serve the school. It is important to note that the actual number of new trips generated by the additional student enrollment, and thus the actual queuing demand for passenger cars and buses, will vary based on where in the school’s attendance zone the projected enrollment growth takes place. The current attendance zone includes several apartment complexes, and a number of the students living in these complexes are bused to the school. If a large percentage of the new students are drawn from this area and are bused to the school, the queuing demand for passenger cars will be less than what is projected in this report. The RISD expects to add up to 10 new staff members to the campus to facilitate the projected enrollment growth. If each of these new staff members drives their own vehicle, the total projected parking demand for the school will be approximately 74 (current day parking demand of 64 vehicles plus 10 new vehicles). This would exceed the planned parking spaces on the site by 2. It should be noted, however, that the staffing estimate could include some “floating” staff members that would not be on the campus throughout the entire school day, and could thus park on Kirkhaven Drive or in the short-term parking in the front loop. And the current day maximum observed parking demand, 64 vehicles, is less than the current number of staff members, 68 faculty / staff, that work at the school. It should also be noted that the proposed total parking planned for the site, 72 spaces, exceeds the City of Dallas’ parking requirement for the campus, 68 spaces, with the proposed campus expansion considered. The area designated for bus loading and unloading on the south side of the school building (along the north side of Estate Lane west of Kirkhaven Drive) provides more than 400 feet of stacking space, which can accommodate approximately 8 full size school buses, assuming 50 feet of stacking space per bus. The school is currently served by 6 full size buses and 1 medium sized special education bus. If would be desirable if all parent drop off / pick up activities associated with Wallace Elementary School could be accommodated entirely on the school campus and out of any City of Dallas right-of-way (ROW). However, it is expected that queuing will continue to occur on Kirkhaven Drive, primarily during the PM peak period, as drivers wait to enter the front loop drive to pick up their student(s). The queuing that occurs on Kirkhaven Drive today does not appear to significantly impact the through traffic on the road. Background (non-school) traffic on the road is very light. The effective usable loading space in the front loop drive provides approximately 260 feet of stacking space, which can accommodate approximately 13 passenger cars (assuming 20 feet per car). The remaining 32 vehicles in the estimated maximum queue will require approximately 640 feet of stacking space. The distance between the front loop entrance drive and Church Road is approximately 660 feet; therefore, there should be enough queuing space along southbound 16

Z134-137(WE)

Kirkhaven Drive to accommodate the projected maximum queue of 45 vehicles (including 13 vehicles queued in the front loop), assuming drivers make good use of the available space by pulling up close to the vehicle in front of them. Parents that do not pick up their student in the front loop can park along the east side of Kirkhaven Drive between Estate Lane and the alley just south of Robindale Drive (Halff is proposing a parking restriction on the east side of Kirkhaven Drive between the alley and Robindale, which will be discussed in the Recommendations section). Parents can also park along both sides of Estate Lane between Kirkhaven Drive and Ferndale Road (except in the 400foot section on the north side of the street just west of Kirkhaven, which is designated for bus queuing), and along the south side of Estate Lane east of Kirkhaven (Halff is proposing a parking restriction on the north side of Estate Lane between Kirkhaven Drive and Chippendale Drive, which will be discussed in the Recommendations section). These areas provide approximately 1,400 feet of available parking space, which can accommodate approximately 70 parked passenger vehicles. Parking is also available along Robindale Drive. It is important to note that parents were observed parking in all of these areas on the afternoon that Halff conducted observations and traffic counts at the campus. Exhibit 1 in the Appendix is a copy of the Traffic Management Plan exhibit for Wallace Elementary School, which shows the proposed queuing area allocated in the front loop and along southbound Kirkhaven Drive, for student pick up by passenger vehicles in the front loop, and the proposed designated bus queuing area on the north side of Estate Lane west of Kirkhaven Drive, as discussed in the report. 2.6 Staff Assistance and Drop Off / Pick Up Procedures For elementary schools, assistance from staff is necessary to optimize traffic flow, especially during the afternoon pick up period, when vehicles waiting to pick up students may queue onto City ROW. Presented below are steps that should be taken by school staff to facilitate safe and efficient student loading operations in the afternoon peak period. Afternoon Pick-Up Procedures Parents can pick up in the front loop drive in the lane nearest the school building only; the middle and outside lanes should be kept open for traffic flow Buses pick up in the designated bus loading zone on the north side of Estate west of Kirkhaven Drive; students riding a bus should be escorted out the south doors to the bus loading zone Day care vans pick up on the west side of Kirkhaven Drive between the loop entrance and exit drives 8 loading stations should be set up along the school side of the loop drive Students being picked up in the front loop should be staged by grade level near the loading area School staff and / or safety patrol should be stationed at each loading station to actively assist students entering their vehicle Drivers picking up students in the front loop should display a number assigned to the family; staff should identify the number in advance of the car entering the front loop, call 17

Z134-137(WE)

the number to the students waiting to be picked up, assign the student to a designated loading station, and assist the student in getting to the loading station quickly. The driver should also be directed to the appropriate loading station Staff should be stationed at the crosswalk in order to assist students crossing the front loop drive During the afternoon loading time period, staff should focus on matching students to the appropriate vehicle at a designated loading station and assisting the student into the vehicle quickly, so that the overall loading time period can be minimized. Staff assistance is also necessary in the morning drop off period, to ensure students are able to access the school building safely. Presented below are steps that should be taken by school staff to facilitate safe and efficient student unloading operations in the morning peak period. Morning Drop Off Parents, buses, and day care vans can drop off in the front loop drive Drop off can occur in the lane nearest the school building and in the lane nearest Kirkhaven Drive; the middle lane should be kept open for traffic flow Students should exit their vehicle from the passenger side if they are dropped off on the school side of the loop drive; they should exit their vehicle on the driver’s side if they are dropped off on the Kirkhaven Drive side of the loop drive 8 unloading stations should be set up along the school side of the loop drive, and 3 unloading stations should be set up along the Kirkhaven Drive side; the 3 unloading stations on the Kirkhaven side should be placed in the section between the exit drive and the crosswalk School staff should be stationed at each of the 3 unloading stations on the Kirkhaven Drive side and should actively assist students exiting their vehicle School staff and / or student safety patrol should be stationed at each of the 8 unloading stations on the school side and should actively assist students exiting their vehicle Parents should be instructed to pull forward to the furthest open unloading station, and should only unload their student at a designated unloading station School staff should be stationed at / in the crosswalk to assist students crossing from the median or Kirkhaven Drive to the school building; at least 1 staff member needs to be in place by 7:15 am Parents should be instructed to not drop off their student in the street (in the travel lanes). Students should be dropped off in the front loop drive, or parents should park on Kirkhaven Drive or Estate Lane and allow their student to exit the vehicle on the curb Side III. RECOMMENDATIONS Based upon information provided by Richardson ISD regarding Wallace Elementary School, the proposed improvements planned for the site and the existing conditions of the streets adjacent to the site; Halff recommends the following measures to help facilitate the safe, efficient movement of traffic into and out of the school campus: Implement the morning drop off and afternoon pick up procedures described in Section 2.6 Designate a 400-foot long “Bus Loading Zone” along the north side of Estate Lane west of Kirkhaven Drive, to be utilized in the afternoon peak period for bus pick up 18

Z134-137(WE)

Restrict parking along the north side of Estate Lane between Kirkhaven Drive and Chippendale Drive from 7:15 – 8:15 am and from 2:00 – 3:30 pm. Restrict parking along the east side of Kirkhaven Drive between Robindale Road and the alley directly south of Robindale from 7:15 – 8:15 am and from 2:00 – 3:30 pm. Restrict parking along the west side of Kirkhaven Drive between the staff parking lot drives from 7:15 – 8:15 am and from 2:00 – 3:30 pm. Restrict parking and standing along the west side of Kirkhaven Drive for a distance of 30 feet north of the front loop exit drive, in order to improve visibility for drivers exiting the loop drive to Kirkhaven Remove the vegetation at the northwest corner of the Kirkhaven Drive intersection with the alley running along the north side of the school property (10 feet back from the sidewalk), in order to improve visibility for vehicles exiting the alley to Kirkhaven Remove the “Do Not Enter” signs located on the school fence at the staff parking lot north driveway Install a hard surface in the median separating the loop drive and Kirkhaven Drive, from the south end to the front loop crosswalk, in order to provide a pedestrian route for students being dropped off in the outside lane of the loop drive Reset the “No Left Turn” sign located on the west side of Kirkhaven Drive / south side of the front loop entrance drive that is facing south for northbound drivers (the sign is leaning). Add a supplementary panel below the sign identifying the hours of the restriction as 7:15 – 8:15 am and 2:00 – 3:30 pm. Add a supplementary panel below the “No Left Turn” sign located on the east side of Kirkhaven Drive at the front loop entrance drive, identifying the hours of the restriction as 7:15 – 8:15 am and 2:00 – 3:30 pm. Reorient the existing “No Left Turn” signs on the west side of Kirkhaven Drive at the front loop exit drive so that they face west, for traffic exiting the front loop drive to Kirkhaven At the Ferndale Road / Estate Lane intersection: o Repaint the crosswalk on the east leg of the intersection o Repaint the stop bar for the westbound Estate Lane approach to the intersection At the Kirkhaven Drive / Estate Lane intersection: o Repaint the crosswalks on the north and west legs of the intersection o Repaint the stop bar on the southbound Kirkhaven Drive approach to the intersection o Upgrade the crosswalk sign to the current version for schools (S1-1) and add the supplementary down arrow plaque (SW16-7P) on the south side of Estate Lane at the crosswalk on the west side of Kirkhaven Drive, facing west for eastbound traffic o Upgrade the crosswalk sign to the current version for schools (S1-1) and add the supplementary down arrow plaque (SW16-7P), and relocate the sign assembly to the northwest corner of the intersection, facing east for westbound traffic At the Kirkhaven Drive / Robindale Road intersection: o Repaint the crosswalks on the east and south legs of the intersection o Install a school crosswalk sign (S1-1) and a down arrow plaque (SW16-7P) on the southeast corner at the crosswalk across the south leg of the intersection, facing south for northbound traffic o Upgrade the existing school crosswalk sign on the west side of Kirkhaven to the current version for schools (S1-1), add the supplementary down arrow plaque 19

Z134-137(WE)

(SW16-7P), and relocate the sign assembly to the south so that it is adjacent to the crosswalk across the south leg of the intersection At the Kirkhaven Drive / Church Road intersection: o Repaint the crosswalks on the east and west legs of the intersection o Upgrade the existing school crosswalk sign on the northeast corner of the intersection to the current version for schools (S1-1), and add the supplementary down arrow plaque (SW16-7P), with the signs facing east for westbound traffic o Install a new school crosswalk sign (S1-1) on the northwest corner of the intersection, with a supplementary down arrow plaque (SW16-7P), facing east for westbound traffic o Upgrade the existing school crosswalk sign on the southwest corner of the intersection to the current version for schools (S1-1), and add the supplementary down arrow plaque (SW16-7P), with the signs facing west for eastbound traffic o Install a new school crosswalk sign (S1-1) on the southeast corner of the intersection, with a supplementary down arrow plaque (SW16-7P), facing west for westbound traffic Consideration should be given to widening the two driveways accessing the staff parking lot to 22 - 24 feet wide (the drives are currently ~19 feet wide)

Z134-137(WE)

PROPOSED CIRCULATION PLAN

Z134-137(WE)

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1:7,200 22

Case no:

12/31/2013 Date:__:_::.:_..:..:_::...::.._: _ _ __

Z134-137(WE)

Single Family

Z134-137(WE)

CPC RESPONSES

Z134-137(WE)

Notification List of Property Owners Z134-137 183 Property Owners Notified Owners in Favor

Vote

7 Property Owners Opposed

Label # Address

22 Property

Owner

9925

KIRKHAVEN DR

RICHARDSON I S D

10170

ESTATE LN

OWENS DOUGLAS E & KATHERINE A

10160

ESTATE LN

PARCELL WILLIAM ALFRED JR

10150

ESTATE LN

MEDINA BILLY &

10140

ESTATE LN

CAMPBELL PAUL E &

10130

ESTATE LN

CHARLES D JONES II & MICHELE I

10122

ESTATE LN

MCLENDON MICHAEL K & KATHY

10123

MAPLERIDGE DR

ROOKER MATTHEW D & MEREDITH

10129

MAPLERIDGE DR

MCELEARNEY BONNIE ANN

10135

MAPLERIDGE DR

COOK BRIAN D & CHRISTINE C

10141

MAPLERIDGE DR

BERG ROCKLAND ALLAN

10147

MAPLERIDGE DR

GRAHAM KELLY &

10153

MAPLERIDGE DR

PITTS HAROLD J

10154

MAPLERIDGE DR

COOPER SHARON ANN

10148

MAPLERIDGE DR

JAMESON DEBORAH

10142

MAPLERIDGE DR

MCMURCHIE STEVEN B &

10136

MAPLERIDGE DR

PRICE R A

10130

MAPLERIDGE DR

SHOPOFF HEATHER C & KEVIN

10147

CHESTERTON DR

LUCIDO ANTHONY GERARD & AMY

10153

CHESTERTON DR

DELGADO ESTEBAN A & TIANA

10041

CARIBOU TRL

THOMPSON CLAUDE K

10031

CARIBOU TRL

ALDRICH JOHN H

10021

CARIBOU TRL

TRAVIS WILLIAM B

9949

CARIBOU TRL

SIDES STUART & LISA SIDES

9939

CARIBOU TRL

BERRY WILLIAM SCOTT &

9929

CARIBOU TRL

SMITH HAROLD D

Thursday, January 23, 2014

Z134-137 (WE)

Vote

Label # Address

Owner

9919

CARIBOU TRL

MARTIN JOSEPH A & AMY M

9909

CARIBOU TRL

HODGES JOSEPH C SR &

10171

ESTATE LN

ECKENBECK EVERETT JR EST OF

10161

ESTATE LN

CHASE LYNN J

10151

ESTATE LN

COX JACK G JR

10141

ESTATE LN

MORRIS BRENDAN LEE & CHRISTINE

10131

ESTATE LN

CONNER JUSTIN L &

10123

ESTATE LN

ROOKER REVOCABLE TRUST

9910

CARIBOU TRL

SCOTT MARTHA LIFE ESTATE

9920

CARIBOU TRL

MORROW PHILIP R

9930

CARIBOU TRL

MURRAY MARK T & CAROLYN L

9940

CARIBOU TRL

BRISTOW RONALD GRIFFITH &

10020

CARIBOU TRL

WALNE WALTER A ETAL

10030

CARIBOU TRL

MOORE KENNETH & MICHELLE

10040

CARIBOU TRL

LOUIS ALEX B

10050

CARIBOU TRL

LONERGAN DAVID C

10051

FERNDALE RD

HICKS TAYLOR D & JULIE VU

10041

FERNDALE RD

FRANK RICHARD ALLIN &

10031

FERNDALE RD

THOMAS ROBERT H & MARTHA

10023

FERNDALE RD

LOY VICTORIA M

10015

FERNDALE RD

HOLDEN WILLIAM H

10106

FERNDALE RD

RANGE JAMES A & AMY S

10105

TRAILPINE DR

CALLAWAY FRED TURNER &

10416

ESTATE LN

BLAKLEY JOHN DAVID & STEPHANIE

10410

ESTATE LN

TOMLANOVICH MATTHEW &

10406

ESTATE LN

MASON PATRICIA S

10328

ESTATE LN

ACKERMANN CONNIE M

10320

ESTATE LN

WILSON PAUL SAMUEL

10316

ESTATE LN

MARTIN SUZANNE &

10310

ESTATE LN

GARBER BELLA LIFE EST

10306

ESTATE LN

TEGT DAVID B & CINDY

Thursday, January 23, 2014

Z134-137 (WE)

Vote

Label # Address

Owner

10240

ESTATE LN

HERRINGTON STEVEN L ET AL

10236

ESTATE LN

ANDERSON MARK D &

10230

ESTATE LN

CRONHOLM ETHELMARIE

10226

ESTATE LN

PIMENTEL GAIL DAVIS

10220

ESTATE LN

FLYNN CHRISTOPHER T SR &

10216

ESTATE LN

GRIFFITH WADE & REBECCA

10210

ESTATE LN

SULLIVAN FRED C

10206

ESTATE LN

WHEELER CHARLOTTE

10203

MAPLERIDGE DR

WHITE KELLY

10209

MAPLERIDGE DR

JANICKI MARK M &

10215

MAPLERIDGE DR

MITCHELL TARA J

10219

MAPLERIDGE DR

BOOTHE NINA E

10225

MAPLERIDGE DR

DENTON MARK D &

10229

MAPLERIDGE DR

GUITTARD ROBERT & CANDACE

10235

MAPLERIDGE DR

TEW E JAMES JR

10305

MAPLERIDGE DR

STEVENS JOSH H & AMANDA

10311

MAPLERIDGE DR

GENTRY LAURA

10317

MAPLERIDGE DR

GOMEZ IVORRY

10321

MAPLERIDGE DR

MARTYN TAYLOR S & ALLISON A

10327

MAPLERIDGE DR

LAURENCE WILLIAM W & FLORENCE

10331

MAPLERIDGE DR

NELSON JAMES A III EST OF

10337

MAPLERIDGE DR

LONDON CHRISTOPHER

10407

MAPLERIDGE DR

BAKER CHARLES W

10411

MAPLERIDGE DR

EHRENBERGER JOSEF

10415

MAPLERIDGE DR

MOORHEAD SPENCER H

10417

ESTATE LN

BERRY SCOTT D

10411

ESTATE LN

BROWN CHRISTOPHER

10407

ESTATE LN

HILL RICHARD B III

10406

ROYALWOOD DR

COKER STANLEY D & ALICE E

10410

ROYALWOOD DR

HALL KATHRYN R

10416

ROYALWOOD DR

FORREST REBECCA H

Thursday, January 23, 2014

Z134-137 (WE)

Vote

Label # Address

Owner

10415

ROYALWOOD DR

PATE KAREN D

10409

ROYALWOOD DR

C & C RESIDENTIAL PROPERTIES INC

10405

ROYALWOOD DR

SIMES DONNA DUNN

10406

YORKFORD DR

BROWN MELVIN

10410

YORKFORD DR

ADAMS KIMBERLY A

10416

YORKFORD DR

MCFARLAND H NEILL

10011

CHIPPENDALE DR

TAYLOR MARGARET

10005

CHIPPENDALE DR

HALSTEAD FREDERICK A & DONNA D

9941

CHIPPENDALE DR

HATCH CAROL

9935

CHIPPENDALE DR

HANIFEN ROBERT E

9931

CHIPPENDALE DR

HIETT RANDY &

100

9925

CHIPPENDALE DR

HASTINGS JAMES E & SUSAN

101

9921

CHIPPENDALE DR

MOTT LEE ANN

102

9915

CHIPPENDALE DR

ALVIZO RICARDO & AMY B

103

10323

ESTATE LN

MCALISTER DEBORAH A

104

10317

ESTATE LN

DEOLIVEIRA THIAGO & RYAN

105

10311

ESTATE LN

HERSHBERGER MARSHA J

106

9912

KIRKHAVEN DR

BALKA RENEE SUSAN

107

9918

KIRKHAVEN DR

HEMMES ELEANOR G & WILLIAM MARK

108

9924

KIRKHAVEN DR

MATTHEWS ROBERT R

109

9930

KIRKHAVEN DR

GOODWIN DUSTIN BRADY & AIMEE

110

9934

KIRKHAVEN DR

GOMBERT GARY & CANDYCE

111

9940

KIRKHAVEN DR

TUOHY MICHAEL & ERIN TUOHY

112

10006

KIRKHAVEN DR

JOEKEL JOHN P

113

10010

KIRKHAVEN DR

HOTZ SUSAN

114

10308

ROBINDALE DR

KERLEY JOE W

115

10314

ROBINDALE DR

FRANKLIN BENJAMIN B III &

116

10320

ROBINDALE DR

LIN MARY F

117

10415

YORKFORD DR

HAMILTON HERBERT &

118

10409

YORKFORD DR

WRIGHT MCDOWELL

119

10405

YORKFORD DR

HOWELL CYNTHIA F

Thursday, January 23, 2014

Z134-137 (WE)

Vote

Label # Address

Owner

120

10406

ROBINDALE DR

BOYD RURAL RENRIC

121

10410

ROBINDALE DR

ROTENBERRY RUSSELL LEE &

122

10414

ROBINDALE DR

MABRY STEPHEN T & TAMI

123

10015

KIRKHAVEN DR

MORRIS A RONALD

124

10019

KIRKHAVEN DR

BRYANT ANNE

125

10023

KIRKHAVEN DR

JORDAN GEORGIA MAYOLA

126

10027

KIRKHAVEN DR

CISNEROS MEDRANO

127

10031

KIRKHAVEN DR

YTURRI KIMBERLY

128

10035

KIRKHAVEN DR

MINTLE MARC & CASEY

129

10039

KIRKHAVEN DR

WESTERHAUS JOHN J

130

10415

ROBINDALE DR

ARTHUR RICHARD E &

131

10411

ROBINDALE DR

LEISCHNER ROBERT W & BRENDA K

132

10407

ROBINDALE DR

MOORE PAUL FLETCHER

133

10403

ROBINDALE DR

GIBSON FREDERICA

134

10319

ROBINDALE DR

THOMPSON JOE B TR &

135

10315

ROBINDALE DR

FISH BENJAMIN A & MELISSA

136

10311

ROBINDALE DR

JOHNSON AARON M

137

10305

ROBINDALE DR

CHAVEZ MATTHEW A

138

10306

CHURCH RD

SOLOMON RICHARD LESTER

139

10310

CHURCH RD

HVEE FIVE LLC

140

10314

CHURCH RD

FIRRA JOAN C

141

10318

CHURCH RD

ANDERSON LAWRENCE & AMANDA

142

10322

CHURCH RD

SEDDELMEYER JONATHON D &

143

10052

FERNDALE RD

LUNDEEN ROBERT A &

144

10042

FERNDALE RD

QUINONES RAMON & ESTHER G

145

10032

FERNDALE RD

BREWTON JOHN S JR

146

10024

FERNDALE RD

CAVAZOS ARNALDO N JR

147

10025

TRAILPINE DR

NOLEN DENA M &

148

10019

TRAILPINE DR

CULLUM BILLIE W

149

10015

TRAILPINE DR

CAVAZOS GUY S &

150

10011

TRAILPINE DR

PARMA THOMAS O

O X

Thursday, January 23, 2014

Z134-137 (WE)

Vote

Label # Address

Owner

151

10005

TRAILPINE DR

CAVAZOS GUY & ROSEMARY

152

10006

TRAILPINE DR

EVANS ROBERT Y

153

10010

TRAILPINE DR

BRUMLEY LAURA FLEEK

154

10016

TRAILPINE DR

JONES DONALD M

155

10020

TRAILPINE DR

VERSFELT DANIEL & MARY

156

10026

TRAILPINE DR

FURLICH MICHAEL J

157

10205

CHESTERTON DR

HUIZAR ALVINO III

158

10211

CHESTERTON DR

REYNOLDS DOUGLASS &

159

10215

CHESTERTON DR

BLACKWELL WILLIAM A JR

160

10219

CHESTERTON DR

MACURAK ANN H

161

10225

CHESTERTON DR

NATHO MARY L

162

10229

CHESTERTON DR

POFF KATHLEEN R EST OF

163

10235

CHESTERTON DR

GERON THOMAS CHARLES JR

164

10305

CHESTERTON DR

SULLIVAN SYBILA S LF EST

165

10311

CHESTERTON DR

GILBREATH DALLAS E

166

10317

CHESTERTON DR

HOLLAND JOHN C

167

10321

CHESTERTON DR

RAMSEY ANGELA LOUISE

168

10408

MAPLERIDGE DR

CAMMERINO JERRY STEVENS LIFE ESTATE

169

10338

MAPLERIDGE DR

UTTER CAROLE

170

10332

MAPLERIDGE DR

HARDGRAVE JOE D & JULIE A

171

10328

MAPLERIDGE DR

LEASK DOLORES

172

10322

MAPLERIDGE DR

GLOVER FAMILY TRUST

173

10318

MAPLERIDGE DR

PENNY AMBER &

174

10312

MAPLERIDGE DR

GANT BRYAN L & TERESA D

175

10306

MAPLERIDGE DR

MOSES FAMILY TRUST

176

10236

MAPLERIDGE DR

LYONS PERRY

177

10230

MAPLERIDGE DR

JARRELL ALLEGRA R

178

10226

MAPLERIDGE DR

CROWDER KERRY &

179

10220

MAPLERIDGE DR

FARRAR R L

180

10214

MAPLERIDGE DR

DEBRUIN MICHAEL & SUSAN

181

10210

MAPLERIDGE DR

BARTON PATSY LOU

Thursday, January 23, 2014

Z134-137 (WE)

Vote

Label # Address

Owner

182

10204

MAPLERIDGE DR

THOMAS R MICHAEL &

183

10219

CHURCH RD

D L & M M INC

Thursday, January 23, 2014

AGENDA ITEM # 78 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

SUBJECT A public hearing to receive comments regarding a City Plan Commission authorized hearing to determine the proper zoning on property zoned a CH Cluster Housing District with consideration given to a CS Commercial Service District on the south side of Ronnie Drive between Bannister Street and Dickerson Street; the southeast quadrant of Ronnie Drive and Dickerson Street; the northwest corner of Dickerson Street and Newt Drive; the west side of Dickerson Street, north of Newt Drive; and the north side of Newt Drive, east of Dickerson Street and an ordinance granting the amendment Recommendation of Staff: Approval Recommendation of CPC: Approval, except no change on 7771 Newt, Lots 7 and 8B in City Block 5 Z123-253(VM)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: THERESA Oâ&#x20AC;&#x2122;DONNELL

FILE NUMBER:

Z123-253 (VM)

DATE FILED: April 4, 2013

LOCATION:

South side of Ronnie Drive between Bannister Street and Dickerson Street; southeast quadrant of Ronnie Drive and Dickerson Street; northwest corner of Dickerson Street and Newt Drive; the west side of Dickerson Street, north of Newt Drive; and north side of Newt Drive, east of Dickerson Street

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 2.2 acres

CENSUS TRACT: 317.20

6-J

REQUEST:

A City Plan Commission authorized hearing to determine the proper zoning on property zoned a CH Clustered Housing District with consideration given to a CS Commercial Service District.

SUMMARY:

The purpose of the authorized hearing is to determine if previous zoning changes to a CS Commercial Service District on surrounding parcels should be expanded to the remaining portions of the neighborhood.

CPC RECOMMENDATION:

Approval, except no change on 7771 Newt, Lots 7 and 8B in City Block 5.

STAFF RECOMMENDATION:

Approval

Z123-253 (VM) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of a CS Commercial Service District based upon: 1. Performance impacts upon surrounding property – Since the surrounding property is zoned CS, change the zoning on the subject site is consistent with the zoning pattern in the area. 2. Traffic impact – While the traffic counts from CS zoning as opposed to the current CH zoning could increase, the surrounding roadway can accommodate the additional impact. 3. Comprehensive Plan or Area Plan Conformance – The proposed zoning is in compliance with the Comprehensive Plan, creating potential for neighborhood services near transportation centers. BACKGROUND INFORMATION: On March 7, 2013, the City Plan Commission authorized a hearing to determine the proper zoning on property zoned a CH Clustered Housing District with consideration given to a CS Commercial Service District. uses and standards. The property is currently zoned a CH Clustered Housing District and is developed with single family, vacant, and church uses The property is a part of the Old City of Renner that was annexed into Dallas in 1983. Recent and previous zoning cases in the area have resulted in deed restrictions to limit the number of dwelling units on the property, require screening walls, and prohibit uses. In the last two decades there were several zoning cases. The major land uses surrounding the site consist of a auto repair shops and multifamily units on the west, single family and church on the east, offices on the north, and multifamily on the south. Zoning History: 1. Z078-104

On January 10, 2008, the City Plan Commission denied an application for a CS Commercial Service District on property zoned a CH Clustered Housing District.

2. Z112-256

On June 28, 2012, the City Council approved a CS Commercial Service District, along Newt Street and Ronnie Drive on the west side of Dickerson Street.

Z123-253 (VM) Thoroughfares/Streets: Thoroughfare/Street

Type

Dickerson Street Ronnie Road Newt Street Bannister Street

Local Local Local Local

Existing ROW 50 ft. 50 ft. 50 ft. 50 ft.

Proposed ROW 50 ft. 50 ft. 50 ft. 50 ft.

Land Use: Site North South East West

Zoning CH CS MF-1(A), MU-1 CS, MF-1(A) MF-1(A), CH, CR

Land Use SF, church, vacant SF, vacant Multifamily Multifamily, Office Multifamily

STAFF ANALYSIS: Comprehensive plan: The Plan identifies the request site as being in an Urban Neighborhood Block. This Urban Neighborhood Building Block 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 mid-rise concentrations of shops and offices along key corridors or at key intersections, providing important services and job opportunities within walking distances to 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. Land Use Compatibility: The history of uses in the area has been a variety of residential uses with neighborhood and commercial uses when annexed. From 1984-2005 several zoning cases were approved with deed restrictions, such as, limit dwelling unit density, limit height and stories, require masonry screening walls, and limit allowed uses. In 2008, the City Plan Commission denied an application for a zoning change for a CS Commercial Service District on property zoned a CH Clustered Housing District. In 2012, the City Council approved a CS Commercial Service District, along Newt Street and Ronnie Road on the 3

Z123-253 (VM) west side of Dickerson Street. During the recent application, meetings with the Commissioner for the area and surrounding land owners indicate support for a zoning change to a CS Commercial Service District for the remaining a CH Clustered Housing District. The proposed CS District will permit development of the site at a scale that would be compatible with both the higher density multifamily and commercial uses on surrounding properties. The CS Commercial Services District would allow greater lot coverage, and higher structure height than the current allowed in a CH Clustered Housing District. Most property is developed with CS District uses, except for two single family dwellings. These two units would become non-conforming. Development Standards: DISTRICT

SETBACKS Front

Side/Rear

Density

Height

Lot Coverage

Special Standards Proximity Slope Visual Intrusion

CH Clustered Housing

15’

10’

18 units/acre

36’ No max stories

60%

CS Commercial Service

15’

20’ when abutting residential, 0’ for all others

FAR 0.5 office, 1.5 combined uses

45’ 3 stories

80%

PRIMARY Uses Retail & personal service, office Commercial & business

Landscaping: Landscaping of any development within the new tract must comply with the provisions of Article X. 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.

Z123-253 (VM) CPC ACTION Motion: It was moved to recommend approval of a City Plan Commission authorized hearing to determine the proper zoning on property zoned a CH Cluster Housing District with consideration given to a CS Commercial Service District on the south side of Ronnie Drive between Bannister Street and Dickerson Street; the southeast quadrant of Ronnie Drive and Dickerson Street; the northwest corner of Dickerson Street and Newt Drive; the west side of Dickerson Street, north of Newt Drive; and the north side of Newt Drive, east of Dickerson Street, subject to the removal of 7771 Newt, Lots 7 and 8B in City Block 5 from the area of request. Maker: Peadon Second: Shellene Result: Carried: 13 to 0 For: 14 Anglin, Soto, Rodgers, Culbreath, Shidid, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley, Alcantar

Notices: Replies:

Area: For:

Against:

Absent:

1 - Hinojosa

Vacancy:

200 2

Mailed: 15 Against: 0

Z123-253 (VM)

Commercial

Single Family Vacant Auto Repair

Single Family Site

Auto Repair

SF CR

Vacant

Multifamily

Vacant

Z123-253 (VM)

2 1 Site

Z123-253 (VM)

MCCALLUM BLVD

15 2

0 200' 1/23/2014

Property Owners Notified (23 parcels) Replies in Favor (3 parcels) Replies in Opposition (O parcels) Area of Notification Date

Z123- 253 CPC

1:2,400

Z123-253 (VM)

Notification List of Property Owners Z123-253 15 Property Owners Notified

Label # Address

Owner

17720

DICKERSON

V E INVESTMENT PROPERTIES INC

7771

NEWT

NEWT LIVING TRUST

7767

NEWT

DIAZ FELIX

17714

DICKERSON

EITEL LIVING TRUST

7712

RONNIE

KEY DAVID

7815

MCCALLUM

REFLECTIONS ASSOCIATES LP ETAL C/O BENJ

7701

RONNIE

BURR HENRY CLAY

7705

RONNIE

FIRST NATIONAL ACCEPTANCE CO

7758

RONNIE

G D DAVIS CAPITAL MANAGEMENT INC

7700

RONNIE

MDX CONSULTING INC

DALLAS AREA RAPID TRANSIT

7777

MCCALLUM

COURTS OF MCCALLUM PARTNERS

7755

MCCALLUM

PAVILLION BANNISTER HOLDING LTD

17708

DICKERSON

J & L MCCALLUM OAKS LLC

7759

RONNIE

LINDQUIST OSCAR H

AGENDA ITEM # 79 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45 V; 46 V

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a potentially incompatible industrial use (metal or metal product treatment or processing) on property zoned Tract 1, RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District on the north corner of South Harwood Street and Coombs Street Recommendation of Staff and CPC: Approval for a two-year period, subject to a site plan and conditions Z123-325(WE)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-325(WE)

DATE FILED: June 27, 2013

LOCATION:

South Harwood Street and Coombs Street, north corner

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 12,000 sq. ft.

CENSUS TRACT: 34

45-V, 46-V

APPLICANT:

Bonifacio Soriano

OWNER:

R.J. Andres

REPRESENTATIVE:

Jose Garcia

REQUEST:

An application for a Specific Use Permit for a potentially incompatible use (metal or metal product treatment or processing) on property zoned an RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas / Fair Park Special Purpose District.

SUMMARY:

The purpose of this request is to allow the applicant the ability to resurface raw metals with a material that is weather-resistant through a metal coating and finishing process. The procedure will require submerging various types of materials into a chemically treated liquid.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z123-325(WE)

GUIDING CRITERIA FOR STAFF RECOMMENDATION: Staff recommends approval, subject to the site plan and conditions are based upon: 1. Compatibility with surrounding uses and community facilities –The level of chemical processing is not anticipated to be incompatible with the surrounding industrial area. However, there is a PDD that permits a combination of industrial and multifamily uses. A portion of PDD No. 513 is developed with multifamily uses and is located approximately within 60 feet north of the request site. Staff believes that this use does not pose concerns due to the tank’s limited capacity to store the chemicals (not large enough to cause concern) and the processing being located totally within an enclosed building. There is somewhat concern with the potential of odor. The proposed two-year period will allow the City an opportunity to evaluate the facility’s performance in the area. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The proposed request will not contribute to, enhance or promote the welfare of the area. 3. Not a detriment to the public health, safety, or general welfare – The entire process will be contained inside the building. Ventilation is only required during the process of treating the metals. The applicant has indicated that the chemicals produce very little odor. Therefore, staff does not believe it will be a detriment. The proposed two-year period will allow the City an opportunity to evaluate the facility’s performance in the area. 4. Conforms in all other respects to all applicable zoning regulations and standards – The proposed Specific Use permit for industrial (inside) potentially incompatible industrial use will comply with all applicable zoning regulations and standards. No variances or exceptions are requested. BACKGROUND INFORMATION: The applicant will use an existing 8,427-square-foot warehouse to perform the metal coating and finishing process. The applicant will receive the various materials from a local business. The overall metal finishing alters the surface of metal products to enhance: corrosion resistance, wear resistance, electrical conductivity, electrical resistance, reflectivity and appearance (e.g., brightness or color), torque tolerance, solderability, tarnish resistance, chemical resistance, ability to bond to rubber (e.g., vulcanizing), and hardness. The adjacent land uses consist of Planned Development District No. 513 and an industrial use. The main uses that are permitted in PDD No. 513 are multifamily and industrial uses. Properties south and southwest of the site, across North Harwood

Z123-325(WE)

Street, consist of several industrial uses. Several warehouse uses are developed southeast of the request site, across Coombs Street. Zoning History: There have not been any recent zoning changes in the area. Land Use:

Site Northeast Southeast Southwest Northwest

Zoning RS-I with/in PDD No. 595 PDD No. 513 RS-I with/in PDD No. 595 RS-C with/in PDD No. 595 RS-I with/in PDD No. 595, PDD No. 513

Land Use Vacant building Undeveloped Warehouse Industrial Industrial/Multifamily

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 being in an Urban Mixed Use Building Block. The Urban Mixed-Use Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Examples include Uptown, the City Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or 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. Even though the Comprehensive Plan identifies this area as an Urban Mixed Use, the established development pattern is predominately industrial uses. While it is anticipated that this area will develop to support a variety of mixed uses, a land use study to support a work/live environment has not been initiated. The forwardDallas! Comprehensive Plan is a guide for future development. The request site is located within an industrial area and the applicant will use four tanks, of which two tanks will be filled with the chemicals, to chemically treat the metals. 3

Z123-325(WE)

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 applicant has identified four tanks in the southwest quadrant of the warehouse that will be used to chemically treat the metals. The four tanks consist of the following liquids and hydrochloric acid and zinc phosphate. The total procedure to chemically treat the metals is approximately 30 to 45 minutes. The surrounding land uses consist of industrial uses; however, the request site is adjacent to PDD No. 513 where the uses are a mix of industrial and multifamily. PDD No. 513 is currently developed with multifamily uses and is located between 30 and 60 feet from the request site. However, the remaining portion of PDD No. 513, is undeveloped and could be developed as industrial uses. A portion of PDD No. 513 is adjacent to the request site. The property east of the site, across Coombs Street, is a warehouse for produce. Even though there are multifamily uses within 60 feet of the request site, the applicant will have to comply with all city, state and federal regulations and OSHA regulations as it relates to the chemicals being used in the procedure. Staffâ&#x20AC;&#x2122;s recommendation is for approval for a two-year period, subject to a site plan and conditions. Staff believes that the amounts of chemicals being stored in the tanks would not adversely impact the surrounding areas. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The 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.

Z123-325(WE)

Development Standards: SETBACKS

DISTRICT

Front

RS-I Regional Service Industrial

15’

Side/Rear 15’ 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

PRIMARY Uses Commercial and business service, office, Industrial

Landscaping: Landscaping of any development will be in accordance with Article X, as amended. 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. Thoroughfares/Streets: Thoroughfare/Street

South Harwood Street Coombs Street

Type

Existing ROW

Proposed ROW

Collector

60 ft.

Collector

80 ft.

107 ft.

Parking: The parking requirement for an industrial (inside) potentially incompatible industrial use is one space per 600 square feet of floor area. The request site is developed and the proposed use is not required to provide any additional off-street parking spaces. CPC Action (December 19, 2013) Motion: In considering an application for a Specific Use Permit for a potentially incompatible industrial use (metal or metal product treatment or processing) on property zoned Tract 1, RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas / Fair Park Special Purpose District on the north corner of South Harwood Street and Coombs Street, it was moved to hold this case under advisement until January 9, 2014. 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

Z123-325(WE)

Against: Absent: Vacancy:

0 1 - Culbreath 0

*out of the room, shown voting in favor Notices: Replies:

Area: For:

Speakers:

200 0

Mailed: 9 Against: 1

None

CPC Action (January 9, 2014) Motion: In considering an application for a Specific Use Permit for a potentially incompatible industrial use (metal or metal product treatment or processing) on property zoned Tract 1, RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas / Fair Park Special Purpose District on the north corner of South Harwood Street and Coombs Street, it was moved to hold this case under advisement until January 23, 2014. Maker: Bagley Second: Culbreath Result: Carried: 15 to 0 For:

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

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

Area: For:

0 1 - Culbreath 0 200 0

Mailed: 9 Against: 1

None

Z123-325(WE)

CPC Action (January 23, 2014) Motion: It was moved to recommend approval of a Specific Use Permit for a potentially incompatible industrial use (metal or metal product treatment or processing) for a two-year period, subject to a site plan and conditions on property zoned Tract 1, RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas / Fair Park Special Purpose District on the north corner of South Harwood Street and Coombs Street. Maker: Bagley Second: Shidid Result: Carried: 14 to 0 For:

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

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

Area: For:

0 1 - Hinojosa 0 200 0

Mailed: 9 Against: 1

None

Z123-325(WE)

CPC PROPOSED SUP CONDITIONS

USE: The only use authorized by this specific use permit is an industrial (inside) potentially incompatible industrial use.

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

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

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.

Z123-325(WE)

PROPOSED SITE PLAN

Z123-325(WE)

速

VICINITY MAP

1:4,800

Case no: _ _ Z_1_23_-_32_5__

11/19/2013

Date: - - - - - -

Z123-325(WE)

速

AERIAL MAP

1:1,200 11

Z123-325 Case no: _--=c:..=..::.__:__ __ 11/19/2013 Date:_....:....:_ _ _ __

Z123-325(WE)

Multifamily / Industrial

Industrial

Warehouse

Industrial

Z123-325(WE)

CPC RESPONSES

Z123-325(WE)

Notification List of Property Owners Z123-325 9 Property Owners Notified

Vote

1 Property Owner Opposed

Label # Address

0 Property Owners in Favor

Owner

2434

HARWOOD ST

ANDRES R J & JANIS

9999

NO NAME ST

UNION PACIFIC RR CO

4401

LINFIELD RD

ST LOUIS S W RAILWAY CO

2500

HARWOOD ST

TIERRA NUEVA REAL ESTATE LLC

2425

CESAR CHAVEZ BLVD

REEVES GEORGE M JR ET AL

2405

HARWOOD ST

TOWNSEND MURRELL

2501

HARWOOD ST

CRONK MYRLE R TR OF 2002

2515

HARWOOD ST

SMITH DARRELL & ALMA

1815

COOMBS ST

WAUGH JERRY W

Thursday, January 23, 2014

AGENDA ITEM # 80 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45 M

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a live music venue and dance hall on property zoned Tract A within Planned Development District No. 269, the Deep Ellum/Near East Side District, on the north side of Canton Street, east of Henry Street Recommendation of Staff: Approval for a two-year period, subject to a site plan and conditions Recommendation of CPC: Approval for a five-year period, subject to a site plan and conditions Z134-126(JH)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z134-126 (JH)

DATE FILED: November 8, 2013

LOCATION:

North side of Canton Street, east of Henry Street

COUNCIL DISTRICT: 2

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 204.00

Approx. 0.79 acres

45-M

REPRESENTATIVE:

Audra Buckley, Permitted Development

APPLICANT:

Whitney Barlow

OWNER:

2713 Canton, LTD

REQUEST:

An application for a Specific Use Permit for a live music venue and dance hall on property zoned Tract A within Planned Development District No. 269, the Deep Ellum/Near East Side District.

SUMMARY:

The applicant proposes to operate a live music venue and dance hall with a maximum dance floor area of 625 square feet in the existing, approximately 41,000-square-foot building.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z134-126(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 – Multifamily uses are located directly south of the request site. In order to mitigate some noise, the applicant has agreed in the SUP conditions to add a vestibule for the main entrance on Canton Street and close the exterior doors on Canton Street during live music events. However, the Deep Ellum area is an established entertainment district and the applicant’s proposal is compatible with the same use types in the entertainment district. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The operation provides positive economic activity in the Deep Ellum area with occupancy of an existing building. 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 site plan and use of the property complies with zoning and no variances or exceptions are proposed in the SUP application. BACKGROUND INFORMATION: The request site is currently developed with a commercial structure that has been unoccupied for approximately 12 years. The applicant proposes to use the existing building for a live music venue and flexible event/meeting space. With the flexible event/meeting space use, the applicant is proposing to include the possible use of a dance floor. The live music venue and dance hall require a Specific Use Permit in PDD No. 269.

Z134-126(JH) Zoning History: 1. Z089-273

On December 9, 2009, the City Council approved of a Specific Use Permit for an alcoholic beverage establishment use limited to a bar, lounge, or tavern and an inside commercial amusement limited to a Class A dance hall on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District on the South side of Elm Street, west of Crowdus Street.

2. Z089-275

On October 28, 2009, the City Council approved of an amendment to Specific Use Permit No. 1767 for a bar, lounge, or tavern on property zoned Planned Development District No. 269 the Deep Ellum/Near East Side Special Purpose District, on the north side of Commerce Street, east of Good Latimer Expressway.

3. Z101-219

On June 8, 2011, the City Council approved 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, the Deep Ellum/Near East Side Special Purpose District on the north side of Commerce Street, west of Pryor Street.

4. Z123-267

A pending authorized hearing to amend Planned Development District No. 269. The tentative City Plan Commission hearing date is February 6, 2014.

STAFF ANALYSIS: 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 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.

Z134-126(JH) LAND USE ELEMENT GOAL 1.2 Promote desired development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns Land Use Compatibility: The request site is developed with an approximately 41,000 square foot building that covers almost all of the property. The applicant is proposing to use the existing building for an event center (inside commercial amusement) that is flexible for rental for various events with the potential periodic use of a dance floor (dance hall) and a live music venue. The dance hall and live music venue require a Specific Use Permit within PDD No. 269. Live music venue is a use specific to PDD No. 269, defined as a venue for primarily for the performance of live music for an audience. The site is surrounded by a mix of retail/restaurant uses that are served by various surface parking lots and metered spaces along Elm Street. To the south across Canton Street is a multifamily use. 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 proposed SUP conditions are drafted to ensure the most compatibility of the live music venue use with the multifamily use across Canton Street to the south. Conditions include hours of operation, restrictions on entrances on Canton Street, restricting rooftop occupancy and outdoor speakers. The request site is large enough to have floor area available to require a vestibule for the public entrance on Canton Street. The vestibule will act as a chamber to reduce the escape of sound during a live music event. The use is surrounded by other commercial uses and various surface parking lots. The site is in walking distance to the DART Green Line. As noted below, there has been minimal reported police activity at this location for the past five years. As a result of this analysis, staff has determined the request complies with the general provisions for consideration of an SUP.

Z134-126(JH) Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the requested renewal and determined it will not significantly impact the surrounding street system. However, the Traffic Impact Analysis provided by the applicant recommends that the crosswalks from the remote parking lot on Elm Street to the request site be clearly striped. The SUP conditions include a requirement that the crosswalks on the main intersections with S. Crowdus Street (Elm Street, Main Street, and Commerce Street) be striped in accordance with city standards and only if the stripes are warranted. Elm Street is currently under construction in portions of the Deep Ellum area as part of the redirection of traffic from one-way streets to two-way streets. Also, the intersection of Main Street and Crowdus Street is improved with pavers that mark the crosswalks. The applicant will likely only need to provide striping at the intersection of Crowdus Street and Commerce Street since the improvements to redirect traffic on Commerce Street is currently unfunded. Thoroughfares/Streets: Thoroughfares/Street Canton Street

Type

Existing ROW

Minor Arterial

80 ft.

Parking: The proposed live music venue will require 409 off-street parking spaces and a dance hall at a maximum dance floor size of 625 square feet will require 25 spaces. The applicant is seeking a special exception to the parking requirements of PDD No. 269. The applicant is requesting a 21% reduction for the live music venue / inside commercial amusement use. The Board of Adjustment will consider the special exception request on January 22, 2014. It has always been anticipated that Deep Ellum serves as an entertainment and retail destination that often finds patrons traversing the area on foot. As a result, the areaâ&#x20AC;&#x2122;s surface parking lots and on-street meters provide for parking options. 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: The following police report shows activity at the request site for the past five years. The building has been unoccupied during this time.

Z134-126(JH) DPD Report

Z134-126(JH) List of Partners/Principals/Officers 2713 Canton, Ltd: Joseph G. Beard, President Westdale Properties America I, Ltd., a Texas limited partnership Officers of Westdale Properties America I, Ltd. Joseph G. Beard, President Ken Carlson, Vice President Chuck Hixson, Vice President JGB Ventures 1, Ltd., a Texas corporation, General Partner Officers of JGB Ventures, Inc. Joseph G. Beard, President Ken Carlson, Vice President JGB Holdings, Inc., a Texas corporation, General Partner Joseph G. Beard, President

Z134-126(JH) CPC Minutes â&#x20AC;&#x201C; January 23, 2014 Motion: It was moved to recommend approval of a Specific Use Permit for a live music venue and dance hall for a five-year period, subject to a site plan and conditions on property zoned Tract A within Planned Development District No. 269, the Deep Ellum/Near East Side District, on the north side of Canton Street, east of Henry Street. Maker: Second: Result:

Soto Culbreath Carried: 14 to 0

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

0 1 - Hinojosa 0 Area: 200 Mailed: For: 1

Speakers:

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

13 Against:

Z134-126(JH) CPC Recommended SUP Conditions 1.

USE: The only uses authorized by this specific use permit are an inside commercial amusement use limited to a live music venue and a dance hall.

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 [five years]. Staff Recommended 3. TIME LIMIT: This specific use permit expires on [two years]. 4.

ENTRANCES: A. Loading dock entrance. The doors for the loading dock entrance shown on the attached site plan must be shut during live music events. B. Canton Street public entrance. A vestibule with exterior and interior doors must be provided in the area shown on the site plan for noise mitigation. The exterior door must be shut during live music events.

FLOOR AREA: A. Maximum floor area for a live music venue is 41,000 square feet as shown on the attached site plan. B.

Maximum floor area for a dance floor is 625 square feet.

HOURS OF OPERATION: The live music venue and dance hall may only operate between 5:00 p.m. and 12:00 a.m. (the next day), Monday through Friday, and between 12:00 p.m. and 12:00 a.m. (the next day), Saturday and Sunday.

PARKING: Parking must be provided in accordance with the requirements of Planned Development District No. 269, the Deep Ellum/Near East Side District.

OUTDOOR SPEAKERS: Outside speakers or amplification is prohibited.

ROOFTOP OCCUPANCY: Any use of the rooftop for customers or the public is prohibited.

10.

STREET IMPROVEMENTS: Before the issuance of a certificate of occupancy, pavement markings for crosswalks within the streets at the major intersections along the walking path from the site to the remote parking lot must be installed or

Z134-126(JH) completed at the owner’s expense if warranted in accordance with city standards and approved by the city’s traffic engineer. The crosswalk markings must be on the west side of the intersections of S. Crowdus Street with Elm, Main, and Commerce Streets or in locations required by the city’s traffic engineer. 11.

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

12.

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.

Z134-126(JH) CPC RECOMMENDED SITE PLAN

Z134-126(JH)

Commercial Restaurant Restaurant

Parking Commercial Commercial

Parking Multifamily

Commercial

Z134-126(JH)

CD 13

Z134-126(JH)

2 3

Z134-126(JH) CPC Responses

Z134-126(JH) Page 1 of 1 1/23/2014

Notification List of Property Owners Z134-126 13 Property Owners Notified Owner in Favor

1 Property Owner Opposed

Vote Label # Address

1 Property

Owner

2718

COMMERCE ST

2713 CANTON LTD

2630

COMMERCE ST

WESTDALE PPTIES AMERICA I

2622

CLOVER ST

DEEP ELLUM HOLDINGS LLC

215

HENRY ST

BARNES & ROBERTS REAL ESTATE

2730

COMMERCE ST

MADISON PACIFIC DEV CO

2724

COMMERCE ST

SDL PARTNERS INC

2700

COMMERCE ST

WESTDALE PROPERTIES

2701

CANTON ST

BARNES & ROBERTS REAL ESTATE

2705

TAYLOR ST

WESTDALE ADAM HATS LTD

2705

TAYLOR ST

WESTDALE ADAM HATS LTD

2800

COMMERCE ST

GILPIN J R

2805

CANTON ST

GEBHARDT BROADCASTING LLC

2801

VIRGIL ST

BLANTON DONNY G

Thursday, January 23, 2014

AGENDA ITEM # 81 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 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) Note: This item was considered by the City Council at a public hearing on January 22, 2014, and was taken under advisement until February 26, 2014, with the public hearing open

HONORABLE MAYOR & CITY COUNCIL FILE NUMBER:

WEDNESDAY, FEBRUARY 26, 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 2

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. 4

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)

.. ..

_ l L - '._ SCYENE RD

速

VICINITY MAP

1:4,800

Case no:

Z123-208

Date:

10/8/2013

Z123-208(AB)

Retail Mini-warehouse

Retail

Undeveloped Undeveloped

Scattered Single family

Z123-208(AB)

速

AERIAL MAP

Case no:

Z123-208 _....!::..!..!:.!::....=..:=-=....._

Date: _

1:1 ,200

10/8/2013 ____:..:.:....:..-=----

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 # 82 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

27 Z; 28 W

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for LO-1 Limited Office District uses and mini-warehouse use and a resolution terminating the deed restrictions on property zoned an LO-1 Limited Office District with Specific Use Permit No. 1498 for a government installation other than listed on the southeast corner of East Northwest Parkway and Solta Drive Recommendation of Staff: Denial Recommendation of CPC: Approval, subject to a development plan and conditions and approval of the termination of the deed restrictions Z123-363(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, FEBRUARY 26, 2014 ACM: Theresa O’Donnell

FILE NUMBER: Z123-363(MW)

DATE FILED: August 29, 2013

LOCATION: Southeast corner of E. Northwest Parkway and Solta Drive COUNCIL DISTRICT: 9

MAPSCO: 27-Z, 28-W

SIZE OF REQUEST: ±1.4 acres

CENSUS TRACT: 129.00

REPRESENTATIVE/APPLICANT:

Advantage Self Storage

OWNER:

Jennifer Wilcox

REQUEST:

An application for a Planned Development District for LO-1 Limited Office District uses and mini-warehouse use and the termination of deed restrictions on property zoned an LO-1 Limited Office District with Specific Use Permit No. 1498 for a for a government installation other than listed.

SUMMARY:

The applicant proposes to construct a ±89,000-square-foot selfstorage facility (mini-warehouse) on the request site.

CPC RECOMMENDATION:

Approval; subject to a development plan and conditions and approval of the termination of deed restrictions.

STAFF RECOMMENDATION:

Denial

DESIGNATED ZONING CASE 1

Z123-363(MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends denial based upon the following: 1. Performance impacts upon surrounding property – The proposed miniwarehouse use is not consistent with the single-family residential and office development pattern that has been established in this area of the city. While the applicant proposes conditions to mitigate impacts to the neighborhood, the proposed wholesale, distribution and storage use is not considered compatible with the established neighborhood and there is concern that the proposed conditions do not mitigate those potential incompatible impacts. 2. Traffic impact – While it has been determined that the requested amendment will not significantly impact the surrounding roadway system, from a land use perspective, staff is concerned with the additional traffic the proposed use will bring to the established neighborhood. 3. Comprehensive Plan or Area Plan Conformance – The request does not comply with the Comprehensive Plan. The applicant’s proposal to develop the request site with a wholesale, distribution and storage use is not consistent with the Urban Neighborhood and a Main Street Building Blocks. Ideally, new development in these building blocks should be pedestrian friendly, rather than auto-oriented, with connectivity to shopping, schools and other community services. 4. Justification for PD Planned Development District Zoning as opposed to a straight zoning district – Comprehensive Plan or Area Plan Conformance – A mini-warehouse is classified as a wholesale, distribution and storage use is not permitted in the current zoning classification for the subject site. The use is permitted by right in the CS, industrial, and central area districts and by specific use permit in the CR, RR, mixed use, and multiple commercial districts. The planned development district is proposed in lieu of straight zoning in an effort to include conditions to mitigate potentially negative impacts. BACKGROUND INFORMATION: The ±1.4-acre request site is currently undeveloped. Specific Use Permit No. 1498 for a government installation other than listed was approved on December 11, 2002 for a permanent time period. The Specific Use Permit will remain. Deed restrictions on a portion of the request site, which were volunteered on May 14, 2008 in conjunction with zoning case Z078-164, permit ingress and egress only from Northwest Highway. The applicant proposes to terminate the deed restrictions but to incorporate the ingress and egress provision into conditions of the planned development district.

Z123-363(MW) Zoning History: 1.

Z067-299: On Wednesday, December 12, 2007, the City Council approved a Planned Development District for MF-2(A) Multifamily District Uses on property zoned an MF-2(A) Multifamily District.

Z078-164: On Wednesday, May 14, 2008, the City Council approved an LO-1 Limited Office District subject to deed restrictions volunteered by the applicant on property zoned a P(A) Parking District with a portion of Specific Use Permit No. 1498 for a government installation other than listed.

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

Proposed ROW

Northwest Highway

Principal Arterial

Variable

Solta Drive

Local

50 feet

Surrounding Land Uses: Zoning

Land Use

North

LO-1

Office

East

LO-1

Office

South

R-7.5(A)

Single family

West

R-7.5(A)

Single family

STAFF ANALYSIS: Area Plans: Comprehensive Plan: The Vision Illustration depicts the request site as within an Urban Neighborhood and a Main Street Building Block on the forwardDallas! Vision Illustration, adopted June 2006.

Z123-363(MW) 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. Main streets are modeled after the American tradition of “main street” as a place for living, working and shopping. Examples of these streets with concentrations of pedestrian activity include Jefferson Boulevard, Knox-Henderson and Lovers Lane. Main streets, typically no more than a mile long, are active areas with buildings one to four stories in height and usually placed right up to the sidewalk with parking available on street. Away from the “main street,” density quickly diminishes, thus minimizing impacts on nearby neighborhoods. This Building Block will likely be served by bus or rail and contain safe and pleasant walking environments. Streets have trees and wide sidewalks. There may even be landscaped paths from the “main street” to rear parking areas, sidewalk cafes, outdoor dining areas or courtyards. The primary public investment in these areas will be upgrading streets and walkways to create safe highquality pedestrian environments. The applicant’s proposal to develop the request site with a wholesale, distribution and storage use is not consistent with the Urban Neighborhood and a Main Street Building Blocks. Ideally, new development in these building blocks should be pedestrian friendly, rather than auto-oriented, with connectivity to shopping, schools and other community services. Specifically, the applicant’s request does not comply with the following goals and policies of the Comprehensive Plan. 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.

Z123-363(MW) GOAL 1.3

PROVIDE EQUITABLE OPPORTUNITIES FOR DALLAS RESIDENTS Policy 1.3.1 Create housing opportunities throughout Dallas.

URBAN DESIGN ELEMENT GOAL 5.1

PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY

GOAL 5.2

Policy 5.1.1 Promote pedestrian-friendly streetscapes. STRENGTHEN COMMUNITY AND NEIGHBORHOOD IDENTITY Policy 5.2.1 Maintain neighborhood scale and character.

Land Use Compatibility: The applicant proposes to construct a ±89,000-square-foot self-storage facility (miniwarehouse), with a maximum height of 30 feet, on the request site. As proposed, the mini-ware house will be subject to the attached conceptual building elevations. As depicted on the proposed development plan, the applicant proposes a masonry wall, not to exceed eight feet in height, to screen the surface parking from the adjacent residential development. Development Standards: District

Setbacks Front

Existing: LO-1 Limited office – 1 Proposed: PDD

15’

LO-1

Side/Rear 20’ adjacent to residential OTHER: No Min. LO-1 30’ Solta Dr. for mini-warehouse

Density/ FAR

Height

Lot Coverage

Special Standards

1.0 FAR

70’ 5 stories

80%

Proximity Slope U-form setback Tower spacing Visual Intrusion

LO-1

LO-1 30’ miniwarehouse

80%

LO-1

Primary Uses

Office – limited retail & personal service uses LO-1 Mini-warehouse

Parking: The applicant proposes parking in accordance with the Dallas Development Code, which requires a minimum of six spaces for a mini-warehouse use. Spaces may not be used for outside storage vehicle storage, or parking for vehicles for rent. As depicted on the proposed development plan, 13 spaces will be provided. Landscaping: The applicant proposes landscaping in accordance with Article X with the following additional provisions: Large trees must be planted a minimum of 10 feet away from a building to address an existing code regulation that requires trees to be trimmed off buildings which, per the Chief Arborist, is not regularly enforced. 5

Z123-363(MW) If an existing tree is removed from the Solta Drive street frontage, a new large canopy tree must be planted within 40 feet of the street curb of Solta Drive in close proximity to the replaced tree. For a mini-warehouse use, a masonry wall, not exceeding eight feet in height, must be constructed in the location shown on the Development Plan and a circulation drive is permitted within the required landscape buffer strip in the location shown on the Development Plan. CPC Action: January 23, 2014: Motion: It was moved to recommend approval of a Planned Development District for LO-1 Limited Office District uses and mini-warehouse use and approval of the termination of deed restrictions, subject to a development plan and conditions on property zoned an LO-1 Limited Office District with Specific Use Permit No. 1498 for a government installation other than listed on the southeast corner of East Northwest Highway and Solta Drive. Maker: Second: Result:

Tarpley Shellene Carried: 13 to 0

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

0 2 - Culbreath, Hinojosa 0

Notices: Replies:

Area: For:

Speakers:

For: Rick Jones, 1401 Pecan Hollow Trl., McKinney, TX, 75070 Rob Baldwin, 3904 Elm St., Dallas, TX, 75226

500 6

Mailed: Against:

Against: None

78 12

Z123-363(MW) Deed restrictions:

Z123-363(MW) Partners/Principals/Officers: Applicant:

Advantage Self Storage Richard Jones, President Kim Jones, Secretary

Z123-363(MW) Proposed Development Plan

Z123-363(MW) Conceptual Building Elevations

Z123-363(MW) Z123-363 CPC Recommended Conditions SEC. 51P-___.101.

LEGISLATIVE HISTORY.

PD ___ was established by Ordinance No. ______, passed by the Dallas City Council on _________, 2013. SEC. 51P-___.102.

PROPERTY LOCATION AND SIZE.

PD _____ is established on property located at the southeast corner of Northwest Highway and Solata Drive. The size of PD _____ is approximately 1.4 acres. SEC. 51P-___.103.

DEFINITIONS AND INTERPRETATIONS.

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

This Property is considered to be a nonresidential zoning district.

SEC.51P-___.104 EXHIBITS. The following exhibits are incorporated into this article: (1)

Exhibit ____A: Development Plan

(2)

Exhibit ____B: Conceptual Building Elevations

SEC.51P-___.105 DEVELOPMENT PLAN. (a) In general. Except as provided in this section, 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. (b) Mini-warehouse use. If developed as a mini warehouse use, development and use of the property must comply with the Development Plan (Exhibit ____A). If there is a conflict between the text of this article and the development plan, the text of this article controls. SEC.51P-___.106 CONCEPTUAL BUILDING ELEVATIONS. If developed as a mini warehouse use, development and use of the property must comply with the Conceptual Building Elevations (Exhibit ____B). If there is a

Z123-363(MW) conflict between the text of this article and the conceptual building elevations, the text of this article controls. SEC.51P-___.107.

MAIN USES PERMITTED.

(a) The only main uses permitted are those main uses permitted in the LO-1 Office District, subject to the same conditions applicable in the LO-1 Office District, as set out in Chapter 51A. For example, a use permitted in the LO-1 Office 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 LO-1 Office District is subject to DIR in this district; etc. (b)

The following additional main use is allowed in this district: --

(c)

Mini-warehouse

The following main uses are prohibited: ---

SEC.51P-___.108.

Alcoholic beverage establishment. Transit passenger shelter. ACCESSORY USES.

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

The following accessory uses are not permitted in this district: -------------

SEC.51P-___.109.

Accessory community center (private). Accessory helistop. Accessory medical/infectious waste incinerator. Accessory outside display of merchandise. Accessory outside sales. Accessory pathological waste incinerator. Amateur communication tower. Day home. Home occupation. General waste incinerator. Private stable. Vehicle rental. 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.) 12

Z123-363(MW) (a) In general. Except as provided in this section, the yard, lot, and space regulations for the LO-1 Limited Office District. (b) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a 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 of 12 feet above the slope and 12 feet above the maximum structure height. (c)

Mini-warehouse use. (1)

Setbacks. 30 feet adjacent to Solta Drive.

(2)

Height. Maximum structure height is 30 feet.

Sec. 51P-___.110.

OFF-STREET PARKING AND LOADING.

(a) Consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. SEC.51P-___111.

ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI. SEC.51P-___.112.

LANDSCAPING AND SCREENING

(a) In general. Landscaping must be provided in accordance with Article X. If there is a conflict between the text of this article and Article X, the text of this article controls. The following additional provisions apply: (1) Large trees. Large trees must be planted a minimum of 10 feet away from a building. (2) Solta Drive. If an existing tree is removed from the Solta Drive street frontage, a new large canopy tree must be planted within 40 feet of the street curb of Solta Drive in close proximity to the replaced tree. (3)

Mini-warehouse use.

(a) A masonry wall, not exceeding eight feet in height, must be constructed in the location shown on the Development Plan (Exhibit ____A). (b) A circulation drive is permitted within the required landscape buffer strip in the location shown on the Development Plan (Exhibit ____A). (b) condition.

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

Z123-363(MW) SEC.51P-___.113.

SIGNS.

Signs must comply with the provisions for non-business zoning districts. SEC.51P-___.114.

ADDITIONAL PROVISIONS.

(a) Ingress and egress is permitted only from Northwest Highway. No other ingress and egress is permitted. (b) The hours of operation for a mini-warehouse use are 6:00 a.m.to 9:00 p.m., Monday through Friday and 7:00 a.m.to 10:00 p.m., Saturday and Sunday. Customers may remain on the property until 10:00 p.m., but may not access the property after 9:00 p.m. (c) The Property must be properly maintained in a state of good repair and neat appearance. (d) 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 of Dallas. SEC.51P-___.115.

COMPLIANCE WITH CONDITIONS.

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

Z123-363(MW)

UPTONSHIRE DR

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Q..

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GOLDEN LN u..

E NORTHWEST HWY E NORTHWEST PKWY NORTHWEST HWY ANNEX

Noi路buck Park

庐

VICINITY MAP

1:6,000

Case no: Date:

Z123-363 10/9/201 3

Z123-363(MW)

速

AERIAL MAP

Case no: Date:

1:3,600 16

10/9/2013

Z123-363(MW)

Single family Multifamily Office

Office

Single family

Z123-363(MW)

LYNFORDDR

l1Il

NORTHWEST PKWY

52 0

Property Owners Notified (79 parcels) Replies in Favor (6 parcels) ___1_2_ _ Replies in Opposition (12 parcels) 78 6

54 0

53 0

.....:...;::..._

ZJ23-363

__500' __ Area of Notification

CPC

.::....;;_;;..._

1/23/2014

Date

1:3,600

Z123-363(MW) Page 1 of 3 1/23/2014

Notification List of Property Owners Z123-363

78 Property Owners Notified Owners in Favor

Vote X

12 Property Owners Opposed

Label # Address 1

6 Property

Owner NORTHWEST HWY

WILCOX JENNIFER

10239

CLARY DR

FLETCHER ADA JO

10123

BARONNE CIR

DUNN JACK B

10115

BARONNE CIR

DAHM DEREK

10111

BARONNE CIR

ABDULRAHMAN ARDULHAMID

X X

10212

NORTHWEST HWY

D TX & ASSOCIATES

10135

BARONNE CIR

Taxpayer at

10139

BARONNE CIR

GALANIS CATHY

10143

BARONNE CIR

MCDONALD RHONDA

10147

BARONNE CIR

CRUMP JAMES F

10153

BARONNE CIR

ANDERSON DORIS ELAINE

10162

BARONNE CIR

PREAKNESS DALLAS

10156

BARONNE CIR

WETZIG LEAH C

10152

BARONNE CIR

PARKER SHANNIN

10146

BARONNE CIR

LAFLAMME FELISSA

10142

BARONNE CIR

BOTTOMLEY JANET A

10136

BARONNE CIR

CASTANEDA JOSE &

10132

BARONNE CIR

PARKS WAYNE M & LINDA H

10126

BARONNE CIR

WAITE GARY C

10122

BARONNE CIR

CEGELSKI MICHAEL B

10116

BARONNE CIR

MCDANIEL JEROD L & LESLIE K

10112

BARONNE CIR

DEWS CLIFTON R

10106

BARONNE CIR

BOREN ELAINE P

10573

SOLTA DR

MORENO VICTOR &

10567

SOLTA DR

KINDLE TERESA M

10563

SOLTA DR

MIHALOPOULOS GUS

Z123-363(MW) Thursday, January 23, 2014

Vote X X

Label # Address

Owner

10557

SOLTA DR

KINDLE TERSA M

10553

SOLTA DR

OTOOLE LINDA S &

10547

SOLTA DR

JOLLY GAVIN B &

10543

SOLTA DR

AGOSTIN RICHARD C III & ELIZABETH B

X X

10537

SOLTA DR

MCKELLAR ROBERT W

10533

SOLTA DR

NIXON GREGORY J &

10527

SOLTA DR

VALVERDE SALOMON C &

10521

SOLTA DR

HILKMANN DIRK H

10534

SOLTA DR

WILDER TIMOTHY A &

10528

SOLTA DR

WOODARD JERRY M

10524

SOLTA DR

HALL JONATHAN

10518

SOLTA DR

MAJERNIK JAMES A

159

BON AIRE DR

JOLLY KENNETH C

155

BON AIRE DR

HILLIARD JAMES R

149

BON AIRE DR

BURTON ALYSSA D & JASON M

141

BON AIRE DR

CHENOWITH GARY DWAIN

10404

CLARY DR

CHILDS RUTH PAULINE TR

10414

CLARY DR

SAHASRABUDHE AMIT M &

10560

SOLTA DR

WATSON KELLY JO

10409

CLARY DR

NABORS THELMA MARIE

10415

CLARY DR

GLAZE JEFFREY S & BETSY R

10421

CLARY DR

CRAYCRAFT MICHAEL & JESSICA

10425

CLARY DR

JORDAN ALLENE O LF EST

10431

CLARY DR

KEIERLEBER MELVIN JR &

131

BON AIRE DR

BURNS BRIAN

10440

NORTHWEST HWY

ROYAL DOMINION INV LLC

10464

NORTHWEST HWY

BAITY RUSSELL W

10450

NORTHWEST HWY

BEUTELL EDITH

10405

NORTHWEST HWY

NORTH LAKE MERIDIAN LLC

8525

LOCKHAVEN DR

GREEN LINDA HICKS

8521

LOCKHAVEN DR

HOLLAND TYLER J

Z123-363(MW) Thursday, January 23, 2014

Vote

Label # Address

Owner

8515

LOCKHAVEN DR

GREER GEVIN R

8509

LOCKHAVEN DR

JOHNSON SERENA

8505

LOCKHAVEN DR

STANSBURY CHRISTINE W INC

8528

LOCKHAVEN DR

SHARMA NITIN

8524

LOCKHAVEN DR

ROBINSON JAMES M &

8520

LOCKHAVEN DR

BARRY ROSS & EMILY

8514

LOCKHAVEN DR

SINNOTT STEFANI A

8508

LOCKHAVEN DR

PIEROTTI MICHAEL E &

8504

LOCKHAVEN DR

IRVING DEMARCUS KENTA & TAWALLA

10441

CLARY DR

TUMLINSON BARBARA WEST

10445

CLARY DR

BOLDEN DARRELL R &

10451

CLARY DR

KELLEY PAMELA KAYE & HOWARD

8405

LULLWATER DR

SHADDIX ROBIN

8411

LULLWATER DR

HUNT H KEITH &

154

BON AIRE DR

MORGAN GLENDA

10440

CLARY DR

WALLS CHARLES B

8365

LULLWATER DR

THORN JOE R & PAT F

8501

LULLWATER DR

CHARTWELL AT LAKE

10409

NORTHWEST HWY

TURTLE CREEK RESERVE LLC

8501

LULLWATER DR

JSC LAKE HIGHLANDS REALTY LP

10233

NORTHWEST HWY

WESTDALE NORTHLAKE LTD

AGENDA ITEM # 83 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

45 W ________________________________________________________________

SUBJECT A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from Trinity Basin Preparatory School/Oak Cliff Academy required by Section 6-4 of the Dallas City Code to allow a brewer’s permit and a manufacturer’s permit for a proposed microbrewery, microdistillery, or winery and alcoholic beverage manufacturing [DBA Nobel Rey Brewing Company] on property on the northeast corner of Comal Street and East Jefferson Boulevard – AV134-002 – 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 one of the following permits pursuant to the following chapters of the Texas Alcoholic Beverage Code: (i) (ii) (iii) (iv) (v) (vi) (vii)

a brewer’s permit, Chapter 12; a distiller’s and rectifier’s permit , Chapter 14; a winery permit, Chapter 16; a wine and beer retailer’s permit, Chapter 25; a wine and beer retailer’s off-premise permit, Chapter 26; a mixed beverage permit with a food and beverage certificate, Chapter 28; or a manufacturer’s license, Chapter 62.

BACKGROUND (Continue) B. the application is for one of the following land uses: (i) (ii) (iii) (iv)

general merchandise or food store use with 10,000 square feet or more of floor area restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code; alcoholic beverage establishment limited to a microbrewery, microdistillery, or winery; or alcoholic beverage manufacturing.

C. alcoholic beverages will not be sold by drive-in or drive-through service; and 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 January 27, 2014 by Nobel Rey Brewing Company. Trinity Basin Preparatory School/Oak Cliff Academy is located to the northwest across Jefferson Boulevard and is the school that creates the need for the variance. The applicant has submitted the attached information regarding a statement of why the variance meets the standard of approval. (1) â&#x20AC;&#x153;The site is approximately 0.485 acres with an approximately 25,000 square foot commercial building and is located in Subdistrict A within Planned Development District No. 468, the Oak Cliff Gateway Special Purpose District. The applicant is also requesting a zoning change to create a new subdistrict to allow the land use by Residential Adjacency Review for both a microbrewery and alcoholic beverage manufacturing. The applicant anticipates the brewery will begin with 10,000 square feet or less, which is a microbrewery, but may expand in the future to use the entire 25,000 square foot building. The zoning application is pending City Council consideration on February 26, 2014.â&#x20AC;? The site abuts I.H. 35 to the east, multifamily and school uses to the west, a DART vehicle maintenance facility to the south and undeveloped land to the north. Agenda Date 02/26/2014 - page 2

BACKGROUND (Continue) The site is located on a major thoroughfare (East Jefferson Boulevard). Due to the request site being located across a major thoroughfare from the protected use, staff can support this request. This item requires two seconds to pass. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 9, 2009, the City Council approved an amendment to Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code to allow a process for a variance to the spacing requirements between a business selling alcohol and a public or private school. On October 26, 2011, September 26, 2012, and January 22, 2014, the City Council further amended Section 6-4 of Chapter 6. FISCAL INFORMATION No cost consideration to the City. MAP Attached.

Agenda Date 02/26/2014 - page 3

SITE

1--- - -- - - t - - - - SABINE-Sl'.-

AV134-002

速

1:1,800

--------1-----1

Approximate location of business requesting alcohol variance Land use requiring spacing from business requesting alcohol sales: school

ZONE SYSTEMS, INC.

January 27, 2014 Ms. Jennifer Hiromoto Department of Sustainable Development and Construction City of Dallas 1500 Marilla Dallas, TX 75201 RE: 1400 E. Jefferson Dear Ms. Hiromoto: Noble Rey Brewing Company proposes to locate its brewery in the building at 1400 East Jefferson. The building is bounded on the west by Jefferson Boulevard, on the south by Comal Street and on the East by the Interstate Highway 35 Service Road. The building while addressed on Jefferson faces Interstate Highway 35. The front of the building will be remodeled to show Noble Brewing as the main tenant. Property west of the 1400 East Jefferson building across Jefferson and a half block beyond Jefferson and across an alley in this block contains a charter school. The school is Trinity Basin Preparatory School. This is an elementary school. Traffic to the school arrives from the west and south. Very little if any traffic to and from the school uses Comal or the I-35 service road to access the school. The neighborhood that this school serves is west of and south of the school. There is no reason to drive by the proposed brewery except for going by the rear of the building on Jefferson to get to the school. A great benefit of the brewery is that it will use the existing building. No new floor area will be added to the building. The schoo l that is the subject of the 300-foot variance is supportive of our variance request. Thank you for your consideration.

1620 H A N D LEY D RI VE, S UITE A • DA LLAS, TEXAS 75208 • (2 14) 94 1-4440 • FAX (214) 94 1-5259

COUNCIL CHAMBER

February 26, 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, Noble Rey Brewing Company, LLC has submitted an application for a brewer’s permit pursuant to Chapter 12 and a manufacturer’s license pursuant to Chapter 62 of the Texas Alcoholic Beverage Code, and is requesting a variance to the alcohol spacing requirements for property on the northeast corner of Comal Street and East Jefferson Boulevard, located southeast from Trinity Basin Preparatory School/Oak Cliff Academy, an open-enrollment charter 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) (2) (3) (4) (5)

is not in the best interest of the public; constitutes waste or inefficient use of land or other resources; creates an undue hardship on an applicant for an alcohol permit; does not serve its intended purpose; and is not effective or necessary; and

WHEREAS, the City Council desires to grant the alcohol spacing variance; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the variance to the alcohol spacing requirements for Noble Rey Brewing Company, LLC, located on property on the northeast corner of Comal Street and East Jefferson Boulevard (AKA 1400 E. Jefferson Boulevard), located southeast from Trinity Basin Preparatory School/Oak Cliff Academy, an open-enrollment charter school, is granted, subject to the following conditions: (1)

This alcohol spacing variance is valid only for a brewer’s permit pursuant to Chapter 12 and a manufacturer’s license pursuant to Chapter 62 of the Texas Alcoholic Beverage Code.

(2)

This alcohol spacing variance is valid only for alcoholic beverage manufacturing and an alcoholic beverage establishment limited to a microbrewery, microdistillery, or winery.

(3)

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

(4)

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

COUNCIL CHAMBER

February 26, 2014 (5) This alcohol spacing variance may not be transferred to another location or to another alcohol permit holder. Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 84 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

February 26, 2014

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Housing/Community Services

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

N/A ________________________________________________________________

SUBJECT A public hearing to receive comments on Substantial Amendment No. 1 to the 2013-14 Action Plan for (1) adoption of Substantial Amendment No. 1 to the FY 2013-14 Action Plan for the Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME); (2) addition of the CDBG Community Based Development Organization (CBDO) Program to the FY 2013-14 Action Plan; (3) the use of funds for the Community Based Development Organization Program and the Housing Development Loan Program; (4) the establishment of appropriations in the CDBG Community Based Development Organization Program in the amount of $1,744,142 and increase appropriations in HOME, Housing Development Loan Program in the amount of $600,000 made possible by unanticipated program income – Total not to exceed $2,344,142 – Financing: FY13-14 CDBG Program Income #1 ($1,744,142) and FY13-14 HOME Program Income #1 ($600,000) BACKGROUND On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds. The grant funds were available beginning on October 1, 2013. The FY 2013-14 Action Plan includes Community Development Block Grant funding in the amount of $15,730,135 for various activities. On January 22, 2014, City Council authorized (1) preliminary adoption of Substantial Amendment No. 1 to the FY 2013-14 Action Plan for the Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME); (2) addition of the CDBG Community Based Development Organization (CBDO) program to the FY 2013-14 Action Plan; (3) the use of funds for the Community Based Development Organization program and the Housing Development Loan Program; (4) the establishment of appropriations in CDBG Community Based Development Organization program and increase appropriations in HOME, Housing Development Loan Program made possible by unanticipated program income; and

BACKGROUND (continued) (5) a public hearing to be held on February 26, 2014 to receive comments on Substantial Amendment No. 1 to the FY 2013-14 Action Plan. This council action will authorize a public hearing to receive comments on Substantial Amendment No. 1 to the 2013-14 Action Plan for (1) adoption of Substantial Amendment No. 1 to the FY 2013-14 Action Plan for the Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME); (2) addition of the CDBG Community Based Development Organization (CBDO) program to the FY 2013-14 Action Plan; (3) the use of funds for the Community Based Development Organization program and the Housing Development Loan Program; (4) the establishment of appropriations in CDBG Community Based Development Organization program and increase appropriations in HOME, Housing Development Loan Program made possible by unanticipated program income. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds, by Resolution No. 13-1142. On January 22, 2014, the City Council authorized (1) preliminary adoption of Substantial Amendment No. 1 to the FY 2013-14 Action Plan for the Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME); (2) addition of the CDBG Community Based Development Organization (CBDO) program to the FY 2013-14 Action Plan; (3) the use of funds for the Community Based Development Organization program and the Housing Development Loan Program; (4) the establishment of appropriations in CDBG Community Based Development Organization program and increase appropriations in HOME, Housing Development Loan Program made possible by unanticipated program income; and (5) a public hearing to be held on February 26, 2014 to receive comments on Substantial Amendment No. 1 to the FY 2013-14 Action Plan, by Resolution No. 14-0254. FISCAL INFORMATION $1,744,142.58 - FY13-14 CDBG Program Income #1 $600,000 â&#x20AC;&#x201C; FY13-14 HOME Program Income #1

Agenda Date 02/26/2014 - page 2

COUNCIL CHAMBER

February 26, 2014 WHEREAS, On June 26, 2013, City Council adopted the FY 2013-14 Consolidated Plan Budget for the U.S. Department of Housing and Urban Development (HUD) Grant funds, by Resolution No. 13-1142. WHEREAS, On January 22, 2014, City Council authorized (1) a preliminary adoption of Substantial Amendment No. 1 to the FY 2013-14 Action Plan for the Community Development Block Grant Program (CDBG) to receipt and deposit program income in the amount of $1,744,142; (2) to receipt and deposit HOME program income in the amount of $600,000 from repayments of interim construction development funds and loans to Development Loan Program (3) to add the Community Based Development Organization (CBDO) program to the FY 2013-14 Action Plan; 4) use of the funds for the Community Based Development Organization program; and (5) a public hearing to be held on February 26, 2014 to receive comments on Substantial Amendment No. 1 to the FY 2013-2014 Action Plan, by Resolution No. 14 0254. WHEREAS, Program income generated through Community Development Block Grant Program activities must be used for other Community Development Block Grant Program eligible activities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Council hereby authorizes (1) adoption of Substantial Amendment No. 1 to the FY 2013-14 Action Plan for the Community Development Block Grant Program (CDBG) to receive and deposit program income in the amount of $1,744,142; (2) to receive and deposit HOME program income in the amount of $600,000 from repayments of interim construction development funds and loans to Development Loan Program (3) to add the Community Based Development Organization (CBDO) program to the FY 2013-14 Action Plan; and (4) use of the funds for the Community Based Development Organization program. SECTION 2. That the City Manager is hereby authorized to establish appropriations in the amount of $1,744,142.58 in Fund 13R1, Dept HOU, Unit 307F. SECTION 3. That the City Manager is hereby authorized to increase appropriations in the amount of $600,000 in Fund 13M1, Dept HOU, Unit 310F. SECTION 4. That the City Controller is authorized to receive and deposit the following funds in an amount not to exceed $2,344,142.58 in: Fund 13R1, Dept HOU, Unit 307F $1,744,142.58 in Revenue Source 847A Fund 13M1, Dept HOU, Unit 310F $600,000.00 in Revenue Source 8474

COUNCIL CHAMBER

February 26, 2014 SECTION 5. That the City Controller is authorized to disburse funds from the following appropriations in an amount not to exceed $2,344,142.58: Fund 13R1, Dept HOU, Unit 307F, Obj 3015, $1,744,142.58 Fund 13M1, Dept HOU, Unit 310F, Obj 3015, $600,000.00 SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.