Dallas City Council Agenda: August 14, 2013 Part III

AGENDA ITEM # 90 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 670-9195

MAPSCO:

42 Q

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1750 for commercial motor vehicle parking on property zoned a CS Commercial Service District located on the northwest corner of Chalk Hill Road and Fitchburg Street Recommendation of Staff: Approval for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a revised site plan and conditions Recommendation of CPC: Approval for a two-year period, subject to a revised site plan and conditions Z123-229(WE)

HONORABLE MAYOR AND CITY COUNCIL

WEDNESDAY, AUGUST 14, 2013 ACM: Theresa O’Donnell

FILE NUMBER:

Z123-229(WE)

DATE FILED: March 12, 2013

LOCATION:

Chalk Hill Road and Fitchburg Street, northwest corner

COUNCIL DISTRICT:

6

MAPSCO:

SIZE OF REQUEST:

Approx. 15,000 sq. ft.

CENSUS TRACT: 106.02

42-Q

APPLICANT/OWNER:

Gamaliel Albarran

REPRESENTATIVE:

Gamaliel Albarran

REQUEST:

An application for the renewal of Specific Use Permit No. 1750 for a commercial motor vehicle parking use on property zoned a CS Commercial Service District.

SUMMARY:

The purpose of this request is to allow the applicant to continue to operate a commercial motor vehicle parking lot on the property.

CPC RECOMMENDATION: site plan and conditions

Approval for a two-year period, subject to a revised

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

1

Z123-229(WE)

BACKGROUND INFORMATION: •

The applicant’s request for the renewal of Specific Use Permit No. 1750 will allow for the continued use of a commercial motor vehicle parking lot.

•

A commercial motor vehicle parking use is permitted by right, in the CS Commercial Service District, except when the use is located within 500 feet of a residential district, thus a Specific Use Permit is required. A Single Family District is adjacent to the request site.

•

In April, 2009, the City Council approved a Specific Use Permit for a commercial motor vehicle parking for two-years with eligibility for automatic renewals for additional two-year periods.

•

The applicant missed the submittal deadline to begin the automatic renewal process.

As a result, the applicant had to submit an application for the renewal of SUP No. 1750.

Zoning History:

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

1. Z089-138

On Wednesday, April 22, 2009, the City Council approved a Specific Use Permit for commercial motor vehicle parking on property zoned a CS Commercial Service District on the northwest corner of Chalk Hill Road and Fitchburg Street. (request site)

Thoroughfares/Streets: Thoroughfare/Street

Chalk Hill Road Fitchburg Street

Type

Existing ROW

Proposed ROW

Collector Local

100 ft.

50 ft.

50 ft.

50 ft.

Land Use:

Site

Zoning CS w/SUP No. 1750

Land Use Commercial parking lot

North

CS

South East West

IM IM R-5(A)

Single Family, vehicle storage Industrial Industrial Single Family

2

Z123-229(WE)

Comprehensive Plan: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The Plan identifies the request site as being located in an Industrial Building Block.

The request site is located near an industrial area and is in close proximity to a railroad line. The request site is also near an Industrial Building Block which typically areas offer important employment opportunities that occupy large areas of land are usually near major roads and heavy rail lines. Evolving technology and the need for freight movement through the Dallas area means that this sector of the city can offer an excellent opportunity for jobs. Logistics and warehousing, a growing industry with strong potential for upward mobility of skilled workers, would thrive in such areas. Examples include Southport and the Agile Port, parts of West Dallas along I-30, and the Stemmons industrial area. These areas include a mix of low- and medium-density industrial buildings and industrial yards and have large surface parking for cars and trucks. Industrial areas rely on quality road access and may be linked to rail for freight purposes. Street lanes are wide and intersections are large. Transit, sidewalks and other pedestrian improvements are limited.

Land Use Element Goal 1.2 Promote Desired Development Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns.

STAFF ANALYSIS: Land Use Compatibility: The 15,000 square foot site is developed with a commercial motor vehicle parking lot that has approximately 12 trucks on site. The applicant’s request for the renewal of Specific Use Permit No. 1750 will allow for the continued operation of a commercial motor vehicle parking lot. The applicant has reduced the number of spaces from 12 spaces to 11 spaces to allow the trucks to maneuver within the lot. The revised site plan reflects the reduction in the off-street parking for the commercial motor vehicles.

The CS Commercial Service District permits a commercial motor vehicle use by right, except when the use is located within 500 feet of a residential district, thus a Specific Use Permit is required. A Single Family District is adjacent to the request site.

In April, 2009, the City Council approved a Specific Use Permit for a commercial motor vehicle parking for two-years with eligibility for automatic renewals for additional twoyear periods. However, due to the applicant missing the renewal deadline, an application was submitted for the renewal of SUP No. 1750.

3

Z123-229(WE)

The request site is adjacent to single family uses, even though the entire block face on Chalk Hill Road is zoned a CS Commercial Service District. In addition, Chalk Hill Road is the dividing line that separates an IM industrial Manufacturing District, which is a more intensive use than the CS Commercial Service District. The land uses surrounding the site consist of a single family dwelling to the north and single family uses to the west. East of the request site, across Chalk Hill Road, are uses that are developed industrial in nature and are zoned an IM Industrial Manufacturing District.

The property south of the site is developed with an industrial use and is zoned an IM industrial Manufacturing District.

Staff recommendation is for approval of the renewal of Specific Use Permit No. 1750 for a five-year period with eligibility for automatic renewals for additional five year periods, subject to a revised site plan and conditions because the applicant has been a good neighbor and staff has not received any complaints from the adjacent residents.

The City Plan Commission recommended approval for a two year period because the City has plans to widen Chalk Hill Road from a two lane undivided road to a six lane divided road. The City Plan Commission wants to review the applicant’s request within the two year period to determine the impact on the infrastructure improvements will have on the adjacent properties.

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.

Development Standards: DISTRICT

CS Commercial Service

SETBACKS Front 15’ 0’ on minor

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

Density

Height

Lot Coverage

Special Standards

0.75 FAR overall 0.5 office/ lodging/ retail combined

45’ 3 stories

80%

Proximity Slope Visual Intrusion

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

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

Subdivision: Staff has indicated to the applicant that they will have to re-plat the properties as one lot because the request site is divided into two lots with one driveway approach onto Chalk Hill Road. The vehicles are crossing the property line to gain access to the southern parking lot.

4

Z123-229(WE)

CPC Action (July 11, 2013) Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1750 for a commercial motor vehicle parking use for a two-year period, subject to a revised site plan and conditions on property zoned a CS Commercial Service District on the northwest corner of Chalk Hill Road and Fitchburg Street.

Maker: Hinojosa Second: Ridley Result: Carried: 13 to 0 For:

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

Against: Absent: Vacancy: Notices: Replies:

Area: For:

0 2 - Tarpley, Shellene 0 200 2

Mailed: 17 Against: 0

Speakers:

For: Gamaliel Albarran, 2402 Ingersoll St., Dallas, TX, 75212 Elizabeth Albarran, 2402 Ingersoll St., Dallas, TX, 75212 Against: Felix Anguiano, 2636 Ingersoll St., Dallas, TX, 75212 Ronnie Lee Mestas, 3215 Rutz St., Dallas, TX, 75212 Laura Cadena, 6815 American Way, Dallas, TX, 75237 Debbie Solis, 2329 Kenesaw Dr., Dallas, TX, 75212 Against (Did not speak): Jimmy Gomez, 3826 Mican Dr., Dallas, TX, 75212

5

Z123-229(WE)

CPC PROPOSED SUP CONDITIONS

1.

USE: The only use authorized by this specific use permit is commercial motor vehicle parking.

2.

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

CPC Recommendation 3.

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

Staff’s Recommendation 3.

TIME LIMIT: This specific use permit expires on_____, ([two] five-year period from the passage of this ordinance), but is eligible for automatic renewal for additional [two] 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.

LANDSCAPING: landscaping must be provided and maintained in accordance with Article X of the Dallas Development Code, as amended.

5.

HOURS OF OPERATION: Ingress and egress of commercial motor vehicles may only occur between 9:30 a.m. and 4:00 p.m., Monday through Friday; and between 11:00 a.m. and 3:00 p.m. on Saturday.

6.

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

6

Z123-229(WE)

7.

OUTDOOR LOUDSPEAKERS: Outdoor loudspeakers are prohibited.

8.

PARKING: Eight commercial motor vehicle parking spaces and [four] three offstreet parking spaces must be located as shown on the attached site plan.

9.

REFRIGERATION UNITS: Trailers with refrigeration units are prohibited.

10.

SCREENING: A six-foot-high solid fence must be provided in the location shown on the attached site plan.

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.

7

Z123-229(WE)

PROPOSED SITE PLAN

8

Z123-229(WE)

APPROVED SITE PLAN

9

Z123-229(WE)

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Case no: _ _Z _1_2_3_-2_2_9__

4/10/2013

Date: - - - - - -

1:4,800

10

Z123-229(WE)

Industrial Vehicle storage

Single Family

Single Family

Industrial

Industrial

11

Z123-229(WE)

1

12

Z123-229(WE)

CPC RESPONSES

13

Z123-229(WE)

Notification List of Property Owners Z123-229 17 Property Owners Notified

Reply O

O

Label #

2 Property Owners in Favor

Address

0 Property Owners Opposed

Owner

1

2403

CHALK HILL RD

ALBARRAN GAMALIEL SR

2

2411

CHALK HILL DR

RODRIGUEZ JUANA B &

3

2415

CHALK HILL RD

GARCIA ROQUE & ROSALBA

4

2427

CHALK HILL RD

WR PROPERTIES LTD

5

2426

INGERSOLL ST

SANTOS RAUL A

6

2418

INGERSOLL ST

HERNANDEZ ANTONIO JR

7

2414

INGERSOLL ST

GONZALEZ SALLY B

8

2410

INGERSOLL ST

LARA ALEJANDRO

9

2406

INGERSOLL ST

GARFIAS MARIA L & JOSAFAT

10

2402

INGERSOLL ST

ALBARRAN CONRADO J

11

2518

CHALK HILL DR

AZTECA ENTERPRISES INC

12

2414

CHALK HILL DR

BENITEZ FREDIS & MARGARITA

13

2323

CHALK HILL RD

A TRUCK EXPRESS INC

14

5401

FANNIE ST

MISSOURI PACIFIC RR CO

15

2518

CHALK HILL DR

FOUR L CAPITAL LTD

16

9999

NO NAME ST

UNION PACIFIC RR CO

17

4401

LINFIELD RD

ST LOUIS S W RAILWAY CO

14

AGENDA ITEM # 91 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

12

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 670-9195

MAPSCO:

4F

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a Swap or buy shop on property zoned a CR Community Retail District on the southeast corner of Midway Road and Frankford Road Recommendation of Staff: Approval for a three-year period, subject to site plan and conditions Recommendation of CPC: Approval for a two-year period, subject to a site plan and conditions Z123-234(RB)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, AUGUST 14, 2013 ACM: Theresa O’Donnell

FILE NUMBER: Z123-234(RB)

DATE FILED: March 20, 2013

LOCATION: Midway Road and Frankford Road, Southeast Corner COUNCIL DISTRICT: 12

MAPSCO: 4F

SIZE OF REQUEST: Approx. 3,946 Sq. Ft.

CENSUS TRACT: 317.04

APPLICANT:

Cynthia Clark, Representative

OWNER:

Frankford Center, Ltd.

REQUEST:

An application for a Specific Use Permit for a Swap or buy shop on property zoned a CR Community Retail District.

SUMMARY:

The applicant is proposing to operate a swap or buy shop within a suite within a multi-tenant retail center.

CPC RECOMMENDATION: Approval for a two-year period, subject to a site plan and conditions.

STAFF RECOMMENDATION: Approval for a three-year period, subject to a site plan and conditions.

1

Z123-234(RB) BACKGROUND: •

The request site represents approximately 1,995 square feet of lease space within a multi-tenant retail center.

•

The applicant is requesting an SUP for a swap or buy shop within the extreme western portion of the retail development.

•

SUP No. 1682 for a private club-bar exists within the multi-tenant retail center (see Zoning and Land Use Map).

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

Thoroughfare

Designation; Existing & Proposed ROW

Midway Road

Principal Arterial; 100’ & 100’ ROW

Frankford Road

Principal Arterial; 100’ & 100’ ROW

STAFF ANALYSIS: Comprehensive Plan: The Comprehensive Plan does not specifically address the proposed use, however, the Quality of Life statement within the Core Values section does serve as a foundation for all of the plan’s recommendations: Quality of Life: Dallas’ diverse population wants equally diverse choices in where and how to live and ways to shop and have fun.

Land Use Compatibility: The request site represents approximately 1,995 square feet of lease space within a multi-tenant retail center. The applicant is requesting an SUP for a swap or buy shop.

A swap or buy shop is defined as an entity for the purchase and retail sale or exchange of new or used regulated property where more than 25% of inventory is obtained from sources other than a manufacturer or authorized vendor. The operator is required to obtain a license under Chapter 39B, "Regulated Property - Purchase and Sale" of the Dallas City Code, which requires certain reporting and record keeping efforts.

Surrounding land use consists of retail and scattered office/medical office uses in all four quadrants of the intersection of Frankford Road and Midway Road. The area to the east

2

Z123-234(RB) and south of the site is developed with low-to-medium density residential uses (multifamily uses-condominium ownership). Multifamily uses are developed to the west/southwest across Midway Road.

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 compatible with the adjacent property and 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 zoning regulations and standards.

Staff has determined the proposed use is consistent in terms of intensity (i.e., storefront presence) and operational characteristics of other retail uses typically found in multitenant retail centers. All operations are contained inside the lease space. As a result of this analysis, staff supports the request, subject to the attached site plan and conditions.

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

Parking: The existing multi-tenant development will provide for the required parking for this use (ten spaces).

Landscaping: The overall development possesses landscaping along its perimeter that complies with Article X. It should be noted the request site represents an internal suite within the multi-tenant development and does not contain landscape materials. The applicant’s request does not trigger additional landscaping on the site.

Miscellaneous-Site Area/Mapping: At the time of the submission of the request, the applicant had provided a legal description capturing the lease area along with the required off-street parking area. In further discussions with the Building Inspection Division of the Department of Sustainable Development and Construction, it has been determined that in the event a use requiring an SUP is located in a multi-tenant development, a site plan and legal description should not capture the land area associated with the parking area. Generally, these types of developments provide

3

Z123-234(RB) parking areas that are shared among the tenants and customers during normal business hours.

It should be noted that each use must provide required parking, and as tenants/uses change, the building permit function will ensure required parking for all uses continues to be provided.

As a result of this interpretation, the attached maps have been revised (since the CPC public hearing) to accurately reflect the location of the applicant’s lease area.

CPC ACTION (June 6, 2013) Motion: In considering an application for a Specific Use Permit for a Swap or buy shop on property zoned a CR Community Retail District on the southeast corner of Midway Road and Frankford Road, it was moved to hold this case under advisement until June 20, 2013.

Maker: Tarpley Second: Shellene Result: Carried: 12 to 0 For:

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

Area: For:

12 - Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Schwartz, Ridley, Alcantar 0 3 - Davis, Bernbaum, Wolfish 0

200 1

Mailed: 5 Against: 0

None

(June 20, 2013) Motion: In considering an application for a Specific Use Permit for a Swap or buy shop on property zoned a CR Community Retail District on the southeast corner of Midway Road and Frankford Road, it was moved to hold this case under advisement until July 11, 2013.

Maker: Wolfish Second: Ridley

4

Z123-234(RB) Result:

Carried: 13 to 0 For:

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

Area: For:

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

200 1

Mailed: 5 Against: 0

None

(July 11, 2013) Motion: It was moved to recommend approval of a Specific Use Permit for a Swap or buy shop for a two-year period, subject to a site plan and conditions on property zoned a CR Community Retail District on the southeast corner of Midway Road and Frankford Road.

Maker: Wolfish Second: Bagley Result: Carried: 13 to 0 For:

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

Area: For:

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

200 1

Mailed: 5 Against: 0

For: Against: None

5

Z123-234(RB)

Landlord: Frankford Center, Ltd. General Partner: Frankford Center GP, Inc. President: Jeffrey L. Olyan Secretary: Kay Mead

6

Z123-234(RB) CPC/STAFF RECOMMENDED CONDITIONS FOR A SPECIFIC USE PERMIT FOR A SWAP OR BUY SHOP 1.

USE: The only use authorized by this specific use permit is a swap or buy shop.

2.

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

CPC recommended: 3.

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

Staff recommended: 3.

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

4.

FLOOR AREA: Maximum floor area is 1,995 square feet.

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.

7

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Z123-234(RB)

Retail

Retail

Multifamil Multifamily

10

Z123-234(RB)

CPC RESPONSES

11

Z123-234(RB)

7/31/2013

Reply List of Property Owners

Z123-234

5 Property Owners Notified Owners Opposed

1 Property Owners in Favor

Reply Label # Address

0 Property

Owner

O

1

18110

MIDWAY

FRANKFORD CENTER LTD

2

18175

MIDWAY

NORTHLAND STANFORD COURT LP

3

18181

MIDWAY

HUFFMAN BUILDERS LP

4

18040

MIDWAY

ROTTER TRACY

5

18118

MIDWAY

SOUTHLAND CORPORATION THE

12

AGENDA ITEM # 92 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

1

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 670-9195

MAPSCO:

54 C

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the creation of a new subdistrict within Subdistrict 1 (Bishop Avenue) of Planned Development District No. 830, the Davis Street Special Purpose District on the th northwest corner of North Bishop Avenue and West 5 Street Recommendation of Staff and CPC: Approval, subject to conditions Z123-252(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, AUGUST 14, 2013 ACM: Theresa O’Donnell

FILE NUMBER: Z123-252(MW)

DATE FILED: April 9, 2013

LOCATION: Northwest corner of North Bishop Avenue and West 5th Street COUNCIL DISTRICT: 1

MAPSCO: 54-C

SIZE OF REQUEST: ±0.386 acre

CENSUS TRACT: 42.01

REPRESENTATIVE:

Bob Stimson

APPLICANT:

Oak Cliff Chamber of Commerce

OWNER:

SM Bishop, Ltd.

REQUEST:

An application to create a new subdistrict within Subdistrict 1 (Bishop Avenue) of Planned Development District No. 830, the Davis Street Special Purpose District

SUMMARY:

The applicant’s proposal will allow an existing building, which is currently vacant, to be utilized for an office use.

CPC RECOMMENDATION:

Approval; subject to conditions

STAFF RECOMMENDATION:

Approval; subject to conditions

1

Z123-252(MW) BACKGROUND INFORMATION: •

The ±0.386-acre request site is developed with ±4,032-square foot building which was constructed in 1973. The building, previously used as a medical office, has been vacant for approximately one year, which has resulted in the loss of its nonconforming status.

•

Planned Development District No. 830 was approved by City Council on August 11, 2010.

•

In Subdistrict 1 of PDD No. 830, an office use is permitted only as part of a mixed use residential project (MURP). The applicant proposes an office as a main use and requests a subdistrict that will allow an office by right.

•

The request site is surrounded by single family residential homes to the north, east, south, and west.

Zoning History: There have been no recent zoning cases within the vicinity of the request site.

Thoroughfares/Streets: Thoroughfares/Streets

Type

Existing ROW

Bishop Avenue

Collector

100 feet

5th Street

Local

60 feet

Land Use: Zoning

Land Use

Site

PDD No. 830

Vacant office

North

PDD No. 830

Single family

East

PDD No. 830

Single family

South

PDD No. 830

Single family

West

PDD No. 160

Single family

2

Z123-252(MW) STAFF ANALYSIS: Comprehensive Plan: The Vision Illustration depicts the request site as within an Urban Neighborhood Building Block.

Urban Neighborhoods, including Oak Lawn, the Grand Avenue area in South Dallas, the area near Jefferson Boulevard and the Vickery Meadow area, are predominately residential but are distinguished from other neighborhoods by the wide variety of housing options they provide and easy access to public transit. Housing choices should include single-family detached dwellings, townhomes and low- to midrise condominiums or apartments. These neighborhoods will have concentrations of shops 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 request is consistent with the following goals and policy 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 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 5.2

Strengthen community and neighborhood identity

Policy 5.2.1 GOAL 5.3

Maintain neighborhood scale and character.

Establishing walk-to convenience 3

Z123-252(MW)

Policy 5.3.1

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

Land Use Compatibility: The ±0.386-acre request site is developed with ±4,032-square foot building which was constructed in 1973. The building, previously used as a medical office, has been vacant for approximately one year, which has resulted in the loss of its nonconforming status.

The applicant’s proposal will allow the building to be utilized as an office. All other provisions of Subdistrict 1 will apply.

Planned Development District No. 830 was approved by City Council on August 11, 2010. In Subdistrict 1 of PDD No. 830, an office use is permitted only as part of a mixed use residential project (MURP). Pursuant to PDD No. 830, a mixed use residential project means “a development that has street-level nonresidential uses with hours of operation that are limited to 7:30 a.m. through 6:30 p.m., Monday through Saturday, and that has residential uses only above street level”.

The request site is surrounded by single family residential homes to the north, east, south, and west. To ensure compatibility and to be consistent with the intent of the PDD No. 830, staff recommends a condition that limits the hours of operation for an office use in the proposed subdistrict to 7:30 a.m. through 6:30 p.m., Monday through Saturday.

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.

Parking: Pursuant to PDD No. 830, except as provided the off-street parking and loading requirements of Section 51A-4.200 apply. An office use requires one space per 333 square feet of floor area. Therefore, the ±4,032-square foot office building requires 12 spaces.

Landscaping: New development on the site must comply with the landscaping requirement of PDD No. 830.

4

Z123-252(MW) CPC Action: June 20, 2013 Motion: It was moved to recommend approval of the creation of a new subdistrict, subject to revised conditions to include elimination of the hours of operation within Subdistrict 1 (Bishop Avenue) of Planned Development District No. 830, the Davis Street Special Purpose District on the northwest corner of North Bishop Avenue and West 5th Street.

Maker: Second: Result:

Davis Anglin Carried: 12 to 0

For: 12 - Davis, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Wolfish, Ridley, Alcantar Against: Absent: Vacancy:

0 3 - Wally, Bernbaum, Schwartz 0

Notices: Replies:

Area: For:

500 1

Speakers:

For: Bob Stimson, 400 S. Zang Blvd., Dallas, TX, 75208 Bill Evans, 7623 Kilmichael Ln., Dallas, TX, 75248 Rob Shearer, 830 Woodlawn Ave., Dallas, TX, 75208 Augustine Jalomo, 607 W. Canty St., Dallas, TX, 75208 Jack Keene, 738 Cedar Hill Ave., Dallas, TX, 75208 Craig Schenkel, 614 N. Bishop Ave., Dallas, TX, 75208 Albert Bryant, 2761 Burlington Blvd., Dallas, TX, 75211 Edna Pemberton, 7101 Flameleaf Pl., Dallas, TX, 75249 Linda Holt, 404 E. 6th St., Dallas, TX, 75203 Chad West, 808/ 810 N. Bishop Ave., Dallas, TX, 75208 Philip Nirchi, 607 W. Canty St., Dallas, TX, 75208 For (Did not speak): Vicki Keene, 738 Cedar Hill Ave., Dallas, TX, 75208 Amanda Moreno Cross, 1116 Kensington Dr., Dallas, TX, 75208 Against: Pam Conley, 901 N. Madison Ave., Dallas, TX, 75208 Keith Jasiecki, 718 Haines Ave., Dallas, TX, 75208 Walter Velez, 1101 N. Bishop Ave., Dallas, TX, 75208 Anne Campbell, 710 Haines Ave., Dallas, TX, 75208 Carolyn Armour, 919 Haines Ave., Dallas, TX, 75208 Laura Palmer, 911 N. Madison Ave., Dallas, TX, 75208

Mailed: Against:

5

119 40

Z123-252(MW) Partners/Principals/Officers: APPLICANT:

Oak Cliff Chamber of Commerce

Board of Directors Scott Chase, Chair Yolanda Gills, Past Chair Bill Evans, Treasurer Sharron Berry Al Bryant Claudia Cantu Mike Casey Kelvin Chamberlain Amy Wallace Cowan Robin Daniels Sharon Davis Raul Elizondo Hector Escamilla Matt Garcia Michael Gonzales David Green Susan Harris Huelon Harrison Debra Peek-Haynes Joseph Hernandez Hon. Don Hicks David Hunt Laura Irvine Brent Jackson Jim Lake Cyndy Lutz Gene McDonald Mark Miranda Lauren Montgomery Amanda Moreno George Moussa Jimmy Munoz Jon Napper Brad Nitschke Lyndon Nixon Hon. Ed Oakley Robert Pitre Dr. John Ellis Price Warren Rutherford Luis Salcedo Laura Sanchez

Andrea Sanders Austin Schenkel Donna Spillers Hon. Charles Tandy Roena Tandy Chad West

6

Z123-252(MW) OWNER:

SM Bishop, Ltd.

7

Z123-252(MW) ARTICLE 830.

PD 830.

SEC. 51P-830.101.

LEGISLATIVE HISTORY.

PD 830 was established by Ordinance No. 27944, passed by the Dallas City Council on August 11, 2010. (Ord. 27944) SEC. 51P-830.102.

PROPERTY LOCATION AND SIZE.

PD 830 is established on property located along the Bishop Avenue Corridor between Colorado Boulevard and Davis Street; property located along the Davis Street Corridor, bounded by Plymouth Road on the west and Zang Boulevard on the east; and excluding property zoned Planned Development District No. 160, Planned Development No. 340, Planned Development No. 87/Historic District 15, Conservation District No. 1, and Conservation District 7. The size of PD 830 is approximately 290.5 acres. (Ord. 27944) SEC. 51P-830.103.

CREATION OF SUBDISTRICTS.

This district is divided into the following subdistricts: (1)

Subdistricts 1 and 1A: Bishop Avenue.

(2) Subdistrict 2: Subdistrict 2 is not created as part of this PD. See Conservation District No. 7 (Bishop/Eighth Street Conservation District) for the use regulations and development standards in that area.

(3) Branch Library.

Subdistrict 3:

East Garden District and Subdistrict 3A:

Bishop Arts

(4)

Subdistrict 4: Kidd Springs Park.

(5)

Subdistrict 5: Kings Highway Gateway.

(6)

Subdistricts 6 and 6A: Davis Corridor.

(7)

Subdistrict 7: Winnetka Heights Village.

(8)

Subdistricts 8 and 8A: West Garden District. (Ord. Nos. 27944; 28733;

28745) SEC. 51P-830.104.

DEFINITIONS.

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

8

Z123-252(MW) (1) A-FRAME SIGN means a portable detached premise sign that is hinged at the top and is made of durable, rigid materials such as wood, plastic, or metal.

(2) ANTIQUE SHOP means an establishment for the retail sale of articles such as glass, china, furniture, or similar furnishings and decorations that have value and significance as a result of age, design, or sentiment.

(3) 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.

(4) ATTIC STORY means that portion of a building between the top floor and the ceiling above it that is located within a roof structure.

(5) BED AND BREAKFAST means a lodging use that has no more than five guest rooms; provides accommodations for periods not to exceed five nights; serves no meals other than breakfast; and is a member of, or certified by, a recognized bed and breakfast association such as the National Bed and Breakfast Association (NBBA) or Historic and Hospitality Accommodation of Texas.

(6) BLADE SIGN means a sign that projects perpendicularly from a main building facade and is visible from both sides.

(7) BODY PIERCING STUDIO means a facility in which body piercing is performed. BODY PIERCING means the creation of an opening in an individual’s body, other than in an individual’s earlobe, to insert jewelry or another decoration.

(8) BOUTIQUE HOTEL means a lodging facility with 30 or fewer guest rooms that are rented to occupants on a daily basis for not more than 14 consecutive days; provides food that is prepared on-site; and more than 50 percent of the guest rooms are internal-entry.

(9) DOOR YARD means the area between the edge of the sidewalk furthest from the street and the front building facade.

(10) LEGACY BUILDING means a building that fronts on Davis Street or Bishop Avenue and that is listed on Exhibit “830B” or determined to be a legacy building in accordance with Section 51P-830.118.

(11) MAJOR MODIFICATION means reconstruction, alteration, or renovation of an a single family or duplex structure that exceeds 50 percent of the structure assessed by the Dallas Central Appraisal District or any increase in the floor area of a structure if the expansion is over 50 percent of the floor area of the existing structure.

(12) MASSAGE ESTABLISHMENT and MASSAGE mean a massage establishment or massage as defined by Texas Occupation Code Chapter 455, as amended.

(13) MIXED USE DEVELOPMENT means a development that has both main residential and main nonresidential uses on the same building site.

(14) MIXED USE RESIDENTIAL PROJECT (MURP) means a development that has street-level nonresidential uses with hours of operation that are limited to 7:30 a.m.

9

Z123-252(MW) through 6:30 p.m., Monday through Saturday, and that has residential uses only above street level.

(15) OPEN SPACE means an area that is open to the public for at least eight hours each day, limited to pedestrians, is at least 80 percent open to the sky, a contiguous area of not less than 15 feet in width and 25 feet in length, and where a minimum of 25 percent of the open space area is landscaped with turf, ground cover, shrubs, trees, seasonal plantings, or a combination of these plant materials.

(16) PROJECTING SIGN means an attached sign projecting more than 12 inches from a building at an angle other than parallel to the facade.

(17) REMOTE SURFACE PARKING LOT means a nonstructural passengervehicle parking facility where at least 30 percent of its parking spaces are subject to remote parking agreements and where the remaining parking spaces may serve as off-site parking for a valet service that may charge a fee.

(18)

RETAIL-RELATED USES means any of the following uses: (A)

Antique shop.

(B)

Art gallery.

(C)

Dry cleaning or laundry store.

(D)

General merchandise or food store.

(E)

Nursery, garden shop, or plant sales.

(F)

Personal service uses.

(19) TATTOO STUDIO means an establishment in which tattooing 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.

(20) TRANSPARENCY means the total area of windows and door openings with glass that is a percentage of the total street-level facade. (Ord. 27944) SEC. 51P-830.105. (a)

INTERPRETATIONS.

Unless otherwise stated, the 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)

Section 51A-2.101, â&#x20AC;&#x153;Interpretations,â&#x20AC;? applies to this article.

(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.

10

Z123-252(MW) (2) The symbol [L]appearing after a listed use means that the use is permitted by right as a limited use only. (For more information regarding limited uses, see Section 51A-4.218, “Limited Uses.”)

(3) The symbol [SUP]appearing after a listed use means that the use is permitted by specific use permit only. [“SUP” means “specific use permit.” For more information regarding specific use permits, see Section 51A-4.219, “Specific Use Permit (SUP).”]

(4) The symbol [DIR]appearing after a listed use means that a site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803, “Site Plan Review.” (“DIR” means “development impact review.” For more information regarding development impact review, see Division 51A-4.800, “Development Impact Review.”)

(5) The symbol [RAR] appearing after a listed use means that, if the use has a residential adjacency as defined in Section 51A-4.803, “Site Plan Review,” 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, see Division 51A-4.800, “Development Impact Review.”) (e) If there is a conflict, the text of this article controls over any charts, exhibits, graphic displays, or maps. (f) Subdistricts 1, 3, 4, and 8 of this district are considered to be residential zoning districts. Subdistricts3A, 5, 6A, and 7 are considered to be nonresidential zoning districts. (Ord. Nos. 27944; 28733; 28745) SEC. 51P-830.106.

EXHIBITS.

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

Exhibit 830A: Subdistrict maps.

(2)

Exhibit 830B: Legacy buildings list.

(3)

Exhibit 830C: Mixed use development parking chart.

(4)

Exhibit 830D: Subdistrict 3A building corner marker elevation. (Ord. Nos.

27944; 28745) SEC. 51P-830.107. (a)

CONCEPTUAL PLAN.

There is no conceptual plan for this district.

(b) The Bishop/Davis Land Use and Zoning Study should be consulted for goals, objectives, policy statements, and recommendations for development of this district.(Ord. 27944)

11

Z123-252(MW) SEC. 51P-830.108.

DEVELOPMENT PLAN.

No development plan is required, and the provisions of Section 51A-4.702 regarding submission of or amendments to a development plan, site analysis plan, conceptual plan, development schedule, and landscape plan do not apply. (Ord. 27944) SEC. 51P-830.109. (a)

USE REGULATIONS AND DEVELOPMENT STANDARDS IN SUBDISTRICTS NO. 1 and 1A: BISHOP AVENUE.

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

Agricultural uses.

--

(2)

Crop production.

Commercial and business service uses.

None permitted.

(3)

Industrial uses.

None permitted.

(4)

Institutional and community service uses.

--

(5)

Church.

Lodging uses.

None permitted.

(6)

Miscellaneous uses.

--

(7)

Temporary construction or sales office.

Office uses.

CPC Recommendation: --Office. [Permitted only as part of a MURP in Subdistrict 1. Permitted by right in Subdistrict 1A. Staff Recommendation: --Office. [Permitted only as part of a MURP in Subdistrict 1. Permitted by right in Subdistrict 1A, hours of operation are limited to 7:30 a.m. through 6:30 p.m., Monday through Saturday.]

(8)

Recreation uses.

---

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

12

Z123-252(MW) (9)

Residential uses.

------

(10)

Retail and personal service uses.

----

(11)

Transit passenger shelter.

Utility and public service uses.

--

(13)

Antique shop. [Permitted only as part of a MURP.] Art gallery. [Permitted only as part of a MURP.] Remote surface parking lot. [Permitted only on a lot abutting the lot with the use being supplied with the parking under the remote parking agreement.]

Transportation uses.

--

(12)

Duplex.

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

Multifamily.

Retirement housing.

Single family.

Local utilities.

Wholesale, distribution, and storage uses.

---

Recycling drop-off container. [SUP required if the requirements of Section 51A-4.213(11.2)(E) are not satisfied.]

Recycling drop-off for special occasion collection. [SUP required if the requirements of Section 51A-4.213(11.3)(E) are not satisfied.]

(b) Drive-in and drive-through uses. Drive-in and drive-through lanes, windows, or services are not permitted. (c)

Accessory uses.

(1) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217, â&#x20AC;&#x153;Accessory Uses.â&#x20AC;? For more information regarding accessory uses, consult Section 51A-4.217.

(2)

The following accessory use is permitted by SUP only: --

(3)

Accessory community center (private).

The following accessory uses are not permitted: ------

Accessory helistop.

Accessory medical/infectious waste incinerator.

Accessory outside display of merchandise.

Accessory outside sales.

Accessory pathological waste incinerator.

13

Z123-252(MW) (d)

Yard, lot, and space regulations.

(Note: The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations in Division 51A-4.400, â&#x20AC;&#x153;Yard, Lot, and Space Regulations.â&#x20AC;? If there is a conflict between this subsection and Division 51A-4.400, this subsection controls.)

(1) Front yard. Except as provided in this paragraph, minimum front yard is 20 feet and maximum front yard is 25 feet. A minimum of 75 percent of the street-facing facade must be located within the area between the minimum and maximum front yard setback. The remaining street-facing facade (25 percent) is not required to comply with the maximum front yard setback.

(2)

Side yard.

(A) Except as provided in this paragraph, minimum side yard is 10 feet or 10 percent of the lot width measured at the front yard street frontage, whichever is less.

(B) For lots 50 feet in width or less and adjacent to a detached single family use, minimum side yard is five feet.

(C)

No side yard is required between attached single family uses.

(3)

Rear yard. Minimum rear yard is 10 feet.

(4)

Density. No maximum number of dwelling units.

(5)

Floor area ratio. No maximum floor area ratio.

(6)

Height.

(A) Except as provided in this paragraph, maximum structure height is 38 feet. For a MURP, maximum structure height is 42 feet.

(B) Any portion of a structure over 30 feet in height may not be located above a residential proximity slope. (i) The residential proximity slope is a plane projected upward and outward at a one-to-two rise over run from private property outside of the district that is zoned for residential uses with a density of less than 12 dwelling units per acre. An institutional use on a lot of two acres or more does not trigger the residential proximity slope. (ii) Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided that the total projections on a building are no more than 20 percent of the building foot print.

(7) Lot coverage. Maximum lot coverage is 60 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.

(8)

Lot size. No minimum lot size.

14

Z123-252(MW) (9)

Lot width. Maximum lot width is 150 feet.

(10)

Stories. Maximum number of stories above grade is three, plus one attic

story. (e)

Architectural design standards.

(1) Except as provided in this subsection, see Section 51P-830.122, â&#x20AC;&#x153;Architectural Design Standards.â&#x20AC;?

(2) Structures with street facing facades exceeding 50 feet in length must have changes in plane, such as an offset, reveal, recess, or projection. Changes in plane must have a width of no less than 24 inches and depth of at least eight inches. (Ord. 27944) SEC. 51P-830.117.

OFF-STREET PARKING AND LOADING.

(a) In general. Except as provided in this section, consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. For the purpose of this section, Subdistrict 6A shall be considered one lot.

(1) Multifamily use. A minimum of one off-street parking space per bedroom is required with a maximum of two off-street parking spaces per dwelling unit.

(2)

Restaurant use.

(A)

A minimum of one off-street parking space per 125 square feet of

floor area is required.

(B) If an outdoor dining area, whether covered or not, is within 20 feet of, and has direct access to, a street, sidewalk, or publically accessible open space, the outdoor dining area is not included in the parking requirement calculations for up to 25 percent of the size of the indoor floor area. Any portion of the outdoor dining area in excess of 25 percent of the size of the indoor floor area must be parked in accordance with Section 51P830.117(a)(2)(A). (b)

Parking reductions.

(1) Bicycle parking. Off-street parking spaces required for a use may be reduced by one space for each three bicycle parking stations provided for that use, up to a maximum of three off-street parking spaces per lot.

(2)

Legacy building.

(A) For residential uses within a legacy building, off-street parking requirements may be reduced an additional 25 percent.

(B) For retail-related uses and office uses within a legacy building, offstreet parking is not required.

15

Z123-252(MW) (2)

Mixed use development parking.

(A) In general. The off-street parking requirement for a mixed use development may be reduced in accordance with the mixed use development parking chart (Exhibit 830C).

(B) Calculation of adjusted standard off-street parking requirement.

The adjusted off-street parking requirement for a mixed use development is calculated as follows: (i) The standard parking requirements for each of the uses in the mixed use development must be ascertained. (ii) The parking demand for each use is determined for each of the five times of day shown in the mixed use development parking chart by multiplying the standard off-street parking requirement for each use by the percentage in the chart assigned to the category of use. If a use in the development does not fall within one of the categories shown in the mixed use development parking chart, the percentage assigned to that use is 100 percent for all five times of day. (iii) The â&#x20AC;&#x153;time of dayâ&#x20AC;? columns are totaled to produce sums that represent the aggregate parking demand for the development at each time of day. The largest of these five sums is the adjusted off-street parking requirement for the development.

(C) Minimum parking requirement. If one or more of the main uses in a mixed use development is a nonresidential use, the minimum parking requirement for the mixed use development cannot be reduced to a number of spaces that is less than the sum of the standard parking spaces required for each of the nonresidential uses in the mixed use development.

(4) On-street parking. Except as provided in this subparagraph, any on-street parking spaces that abut the building site may be counted as a reduction in the off-street parking requirement of the use adjacent to the on-street parking space. On-street parking must be striped in accordance with standard city specifications.

(A) 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 development.

(B) 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 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 the parking space (8 / 24 = 1/3). The total number of the limited-availability parking spaces will be counted to the nearest whole number, with onehalf counted as an additional space.

(5) Tree preservation. Off-street parking spaces required for a use may be reduced by one space for each protected tree (as defined in Article X) retained on site that would otherwise have to be removed to provide the required off-street parking for that use.

16

Z123-252(MW) (c)

Remote parking.

(1) For nonresidential uses and mixed use developments, remote parking is permitted if the requirements of Division 51A-4.320, â&#x20AC;&#x153;Special Parking Regulations,â&#x20AC;? are met, including the landscape requirements, except that the remote parking may be within a walking distance of 1,000 feet from the use served.

(2) An agreement authorizing a nonresidential use or a mixed use development to use remote parking for nonresidential uses may be based on a lease of the remote parking spaces only if the lease: (A)

is in writing;

(B)

contains legal descriptions of the properties affected;

(C) specifies the special parking being provided and the hours of operation of any use involved; (D)

is governed by the laws of the state of Texas;

(E)

is signed by all owners of the properties affected;

(F) signed by all lien holders, other than taxing entities, that have an interest in or an improvement on the properties; (G)

is for a minimum term of three years; and

(H) provides both the owner of the lot occupied by the nonresidential use or mixed use development use and the owner of the remote parking lot shall notify the building official in writing if there is a breach of any provision of the lease, or if the lease is modified or terminated.

(3) The remote parking provisions of this subsection and Division 51A-4.320 shall not affect or cause the reduction of delta credits.

(4) In Subdistrict 3A, remote parking may account for one-hundred percent of the off-street parking requirement during a phased construction period.(Ord. Nos. 27944; 28733; 28745) SEC. 51P-830.118.

LEGACY BUILDING AMENDMENTS.

If the director finds that all of the following standards apply to a building within this district, the director is authorized to add the building to the legacy building list (Exhibit 830B): (1) the building was constructed before 1957 if fronting on Davis Street, Tyler Street, Polk Street, or 7th Street east of Madison Avenue and before 1945 if fronting on Bishop Avenue; (2) the primary street-facing facade of the building is within 10 feet of the right-of-way line of Davis Street or within five feet of the 25-foot front yard setback line on Bishop Avenue;

17

Z123-252(MW) (3)

the buildingâ&#x20AC;&#x2122;s main entrance faces Davis Street or Bishop Avenue;

(4) the building window and door openings total at least 20 percent of the facade area that faces Davis Street or Bishop Avenue; and (5)

off-street parking is not located in the required front yard. (Ord. 27944)

SEC. 51P-830.119.

ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI. (Ord. 27944) SEC. 51P-830.120. (a)

LANDSCAPING.

In general.

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

Required landscaping may be located in the public right-of-way.

(3) Required landscaping and design standards located in adjacent rights-ofway may count toward the site requirements. (b)

Subdistricts 3, 3A, and 6. The following additional landscaping provisions apply: (1)

Street trees.

(A) Except as provided in this paragraph, in Subdistricts 3 and 6, one large canopy tree having a caliper of at least three inches must be provided no closer than 25 feet on center for every 40 feet of street frontage and may be planted within 25 feet of back of curb. Except as provided in this paragraph, in Subdistrict 3A, one large canopy tree having a caliper of at least three inches must be provided no closer than 20 feet on center for every 40 feet of street frontage and may be planted within 25 feet of back of curb.

(B) If the city arborist determines that the planting space for the required tree is inadequate or that utility lines prohibit the planting, two small trees may count toward the street tree requirements.

(2)

Surface parking landscaping.

(A) Parking spaces in a surface parking lot may be located no more than 75 feet from the trunk of a large canopy tree in a median or island.

(B) Each large canopy tree must have a caliper of at least two inches, must be located in a median or island that is no closer than four feet to the paved portion of the parking lot.

(C) A median or island that is located in a surface parking lot must be a minimum of 125 square feet in area.

18

Z123-252(MW) (c)

Private license granted.

(1) The city council hereby grants a revocable, non-exclusive license to the owners or tenants (with the written consent of the owner) of all property in this district for the exclusive purpose of authorizing compliance with the parkway landscaping requirements of this article. â&#x20AC;&#x153;Parkwayâ&#x20AC;? means the portion of a street right-of-way between the street curb and the lot line. An owner or tenant is not required to pay an initial or annual fee for this license, although a fee may be charged for issuance of a parkway landscape permit. This private license will not terminate at the end of any specific period, however, the city council reserves the right to terminate this license at will, by resolution passed by the city council, any time such termination becomes necessary. The determination by the city council of the need for termination is final and binding. The city shall become entitled to possession of the licensed area without giving any notice and without the necessity of legal proceedings to obtain possession when, in its judgment, the purpose or use of the license is inconsistent with the public use of the right-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 director of public works and transportation.

(2) An owner or tenant is not required to comply with any landscaping requirement to the extent that compliance is made impossible due to the city council's revocation of the private license granted by this subsection.

(3) Upon the installation of landscaping and related amenities, such as irrigation systems, in the public rights-of-way, the owner or tenant shall procure, pay for, and keep in full force and effect commercial general liability insurance coverage with an insurance company authorized to do business in the State of Texas and otherwise acceptable to the city, covering, but not limited to, the liability assumed under the private license granted under this subsection, with combined single limits of liability for bodily injury and property damage of not less than $1,000,000 for each occurrence, and $2,000,000 annual aggregate. Coverage under this liability policy must be on an occurrence basis and the city shall be named as additional insured. Proof of such insurance must be sent to: Office of Risk Management, City of Dallas, 1500 Marilla, Dallas, Texas 75201, and the policy must provide for 30 days prior written notice to the Office of Risk Management of cancellation, expiration, non-renewal, or material change in coverage. All subrogation rights for loss or damage against the city are hereby waived to the extent that they are covered by this liability insurance policy.

(4) Each owner or tenant is responsible for maintaining the landscaping in a healthy, growing condition, for keeping related amenities in good repair and condition, and for keeping the premises safe and from deteriorating in value or condition, at no expense to the city. The city is absolutely exempt from any requirements to make repairs or to maintain the landscaping, related amenities, or the premises. The granting of a license for landscaping and related amenities under this subsection does not release the owner or tenant from liability for the installation or maintenance of trees, landscaping, and related amenities in the public rightof-way. (d)

Parkway landscape permit.

(1) It is the responsibility of the property owner to apply for and obtain a parkway landscape permit before locating trees, landscaping, or related amenities in the parkway. An application for a parkway landscape permit must be made to the building official.

The application must be in writing on a form approved by the building official and accompanied

19

Z123-252(MW) by plans or drawings showing the area of the parkway affected and the planting or other amenities proposed.

(2) Upon receipt of the application and any required fees, the building official shall circulate it to all affected city departments and utilities for review and comment. If, after receiving comments from affected city departments and utilities, the building official determines that the construction, planting, or other amenities proposed will not be inconsistent with and will not unreasonably impair the public use of the right-of-way, the building official shall issue a parkway landscape permit to the property owner; otherwise, the building official shall deny the permit.

(3) A property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the building official's denial of a parkway landscape permit.

(4) A parkway landscape permit issued by the building official is subject to immediate revocation upon written notice if at any time the building official determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. The property owner is not required to comply with any parkway landscaping requirement of this section if compliance is made impossible due to the building official's revocation of a parkway landscape permit.

(5) The issuance of a parkway landscape permit under this subsection does not excuse the property owner, his agents, or employees from liability for the installation or maintenance of trees or other amenities in the public right-of-way. (e) Maintenance. Plant materials must be maintained in a healthy, growing condition.

(Ord. 27944) SEC. 51P-830.121. (a)

SIGNS.

In general.

(1) Except as provided in this subsection, for lots fronting on Bishop Avenue in Subdistrict 3, Davis Street, Zang Boulevard, Hampton Road, Jefferson Boulevard, or 7th Street east of Madison Avenue, signs must comply with the provisions for business zoning districts in Article VII. (2) For all other lots, signs must comply with the provisions for the nonbusiness zoning districts in Article VII. (3) Except for A-frame signs, movement control signs used for parking, and monument signs in Subdistrict 1, detached signs are prohibited. (b) Signs in the right-of-way. All signs located in or intruding into the public right-ofway must have approval by the director of public works and transportation to prevent conflict with government signs. If the director of public works and transportation determines that a previously-approved sign must be removed or relocated because of safety requirements or changing traffic conditions, the relocation or removal must be done at the ownerâ&#x20AC;&#x2122;s expense within 30 days.

20

Z123-252(MW) (c)

A-frame signs. The following regulations apply: (1)

A-frame signs may identify a business use.

(2)

The maximum size of an A-frame sign is 32 inches wide and 36 inches

(3)

An A-frame sign may only be displayed when the business it identifies is

tall. open.

(4) A-frame signs may be located on the sidewalk if a minimum of four feet of unobstructed sidewalk area is provided, and all necessary licenses and permits have been obtained.

(5)

Only one A-frame sign is permitted for each business use.

(6)

A-frame signs must be separated by a minimum of 50 feet.

(7) A-frame signs may not be located within 25 feet of an intersection or within a visibility triangle. (d)

Blade signs. The following regulations apply: (1)

Blade signs must be attached premise signs.

(2)

Blade signs may not be internally illuminated.

(3)

There is no limit on the number of blade signs.

(4)

The maximum effective area for blade signs is 30 square feet.

(5) The lowest part of a blade sign may be located no lower than 12 feet and no higher than 25 feet above street level.

(6)

A blade sign may not project more than three feet into the right-of-way.

(7)

A blade sign may not be located closer than 15 feet to another projecting

sign. (e)

Monument signs. The following regulations apply:

(1) Monument signs are only permitted in Subdistricts 1 and 6A. Subdistrict 6A, the entire property shall be considered one lot.

(2)

Monument signs must be premise signs.

(3)

Monument signs may not be internally illuminated.

In

(4) Except as provided in this paragraph, one monument sign is permitted per premise. In Subdistrict 3A, one monument sign is permitted per street frontage; applied signage on exterior planters is permitted and not considered a monument sign. In Subdistrict 6A, two monument sign are permitted per premise.

21

Z123-252(MW) (5) Except as provided in this paragraph, monument signs must be setback five feet from the right-of-way. In Subdistrict 3A, there is no setback requirement for monument signs.

(f)

(6)

The maximum height for a monument signs is four feet.

(7)

The maximum effective area for a monument sign is 40 square feet.

Building corner markers with graphic identification in Subdistrict 3A.

(1) “Building corner marker with graphic identification” means “a vertical architectural element on the corner of a project site for graphic identification of a civic project.”

(2) The maximum height for building corner markers with graphic identification is equal to the maximum building height set by the subdistrict regulations.

(3)

Building corner markers with graphic identification may be internally

illuminated.

(4) Design of the building corner marker with graphic identification must comply with Exhibit 380D.(Ord. Nos. 27944; 28733; 28745) SEC. 51P-830.122.

ARCHITECTURAL DESIGN STANDARDS.

(a) Applicability. Except as provided in this subsection, architectural design standards apply only to new construction of buildings with multifamily, mixed-use, or nonresidential uses on a vacant lot in all subdistricts and new construction of single family and duplex uses on a vacant lot in Subdistrict 8 (see Section 51P-830.122(l) for standards for Subdistrict 8). Architectural design standards are not required for a motor vehicle fueling station and general merchandise or food store 3,500 square feet or less located in Subdistrict 6A. (b)

Purpose.

(1) These architectural design standards are intended to preserve the historical, cultural, and architectural importance and significance of the Davis Street and Bishop Avenue corridors. This area has historic and cultural importance as an early major east-west thoroughfare in the Dallas metroplex and as the earliest neighborhoods developed in Oak Cliff.

The corridor reflects turn of the 20th century development, urban expansion, mid-20th century Americana, and post-World War II automobile culture. These architectural design standards are intended to preserve the character of the corridor while allowing compatible new construction and modifications that respect the corridor’s historical, cultural, and architectural significance.

(2)

These architectural design standards are intended to:

(A) ensure that new development enhances the character of the corridor and complements adjacent neighborhoods; (B) ensure that increased density in established neighborhoods makes a positive contribution to the area’s character;

22

Z123-252(MW) (C) new development; and (D)

ensure the integrity of historic buildings and the compatibility of enhance the character and environment for pedestrians.

(c) Plan review. The director shall review any plan submitted to determine whether it complies with the requirements of this section. (d) Building orientation. The primary facade of new construction on a vacant lot must face the street. (e)

Entrances.

(1) All street-facing entrances must be architecturally prominent and clearly visible from the street.

(2) Primary customer entrances for office uses and retail and personal service uses must face the street or a courtyard, door yard, or plaza area with direct access to the street. Primary customer entrances for retail and personal service uses must be clearly visible through the use of two or more of the following architectural details: (A)

Arcade.

(B)

Arch.

(C)

Awning.

(D)

Canopy.

(E)

Decorative elements such as tile work, molding, raised banding or

(F)

Display windows.

(G)

Projections.

(H)

Enhanced cornice details.

(I)

Raised parapet.

(J)

Recess.

projected banding.

(f)

Facades.

(1) Street-facing facades on a single building site must have similar architectural design.

(2) Street-facing facades exceeding 30 feet in length must have two of the following elements. Street facing facades exceeding 100 feet in length must have four of the following elements (see also Section 51P-830.109(e)):

23

Z123-252(MW) (A) Change in plane, such as an offset, reveal, recess, or projection.

Changes in plane must have a width of no less than 24 inches and depth of at least eight inches and may include columns, planters, arches and niches.

(B)

Architectural details such as raised bands and cornices.

(C)

Architecturally prominent public entrance.

(D)

Awnings.

(E)

Change in color.

(F) (G)

Change in material.

Change in texture.

(3) The street level of the primary facade for nonresidential uses or mixed use projects with retail uses on the street level must have at least two of the following elements for at least 60 percent of the width of the facade: (A)

Arcades, canopies, or secondary roofs to provide shade.

(B) Display windows.(In Subdistrict 3A, â&#x20AC;&#x153;display windowâ&#x20AC;? means glazing that provides transparency into a non-residential space.)

(C)

Awnings associated with windows or doors.

(4) Accessory structures must have similar architectural design elements, materials, and roof design as the primary structure.

(5) If a building is two stories or less, 30 percent of the street-facing facade, excluding fenestration, must be masonry. If the building is more than two stories, 100 percent of the first-story street-facing facade, excluding fenestration, must be masonry. This provision does not apply in Subdistrict 3A. (6) The street level of the primary facade of nonresidential uses or mixed use projects with nonresidential uses on the street level must have a minimum transparency of 40 percent.

(7) Facades may not consist of more than 80 percent glass. For purposes of this provision, glass block is not considered as glass. (g)

Massing and form.

(1) If a building exceeds 150 feet of frontage along any street, and exceeds 36 feet in height, that building must have a minimum of 500 square feet of sloped-roof area.

The sloped-roof area must be visible from the street, and the slope must exceed a pitch of two in 12.

(2) To create varied building massing for large scaled buildings, no more than 80 percent of any building footprint may exceed 60 feet in height.

24

Z123-252(MW) (h) Fences and walls. To prevent visual monotony, at least 20 percent of the length of any fence or wall longer than 200 feet must be alternate materials, alternate textures, gates, offsets, or openings. The alternate materials, alternate textures, gates, offsets, or openings may be spread out over the length of the fence or wall. (i)

Materials.

(1) Glass. The reflectance of glass used on the first two stories may not exceed 15 percent. The reflectance of glass used on stories above the first two stories may not exceed 27 percent. As used in this provision, â&#x20AC;&#x153;reflectanceâ&#x20AC;? is the percentage of available light energy reflected away from the exterior surface of the glass. The higher the reflectance percentage, the more mirror-like the surface will appear.

(2)

Masonry.

(A)

Allowed. (i)

Stone.

(ii)

Brick.

(iii) Concrete masonry units that have architectural finish such as split-faced concrete masonry units.

(B)

(iv)

Job-site cast concrete with an architectural finish.

(v)

Cast stone.

(vi)

Cultured stone.

Prohibited. (i)

Unfinished concrete masonry units that do not have an

(ii)

Precast concrete that does not have an architectural finish.

architectural finish.

(3)

Metal.

(A) Allowed. No more than 20 percent of a street-facing facade may be flat or corrugated metal panels. In Subdistrict 3A, more than 20 percent of a street facing facade may be permanently-colored stainless steel tiles or panels or weathered steel plate.

(B) (4)

(5)

Prohibited. Metal siding that imitates wood siding.

Plastic.

(A)

Allowed. Fiberglass panels and polycarbonate panels.

(B)

Prohibited. Plastic siding and vinyl siding that imitate wood siding.

Stucco.

25

Z123-252(MW) (A)

Allowed. Stucco.

(B)

Prohibited. Simulated stucco (EIFS).

(6)

Tile. Terra cotta and tile are allowed.

(7)

Wood.

(A)

Allowed. (i)

Natural wood.

(ii)

Composite panels or planks no greater than eight inches in

width.

(B)

Prohibited. Flake board, particle board, or press board.

(j) Roofs. In addition to the requirements of Section 51P-830.122(g), mechanical equipment, skylights, and solar panels on roofs must be set back or screened so that they are not visible to a person standing at street level on the opposite side of any adjacent right-of-way.

This provision does not apply in Subdistrict 3A. (k) Windows. Retail and personal service uses must provide windows or display cases in street-level street facing windows along sidewalks. (l)

Architectural standards for residential structures in Subdistrict 8.

(1) Purpose. The purpose of these architectural design standards is to cause new construction and major modifications in the subdistrict to be compatible with the existing Victorian Transitional-style housing stock in the neighborhood.

These architectural design standards apply to new (2) Applicability. construction on a vacant lot and major modifications for single-family or duplex use only.

(3)

Standards.

(A) Except as provided in this paragraph, structures in the front 50 percent of a lot may only have hipped-roofed or gable-roofed forms with a minimum roof slope of four (vertical) to 12 (horizontal) and a maximum roof slope of 12 (vertical) to 12 (horizontal).

Elements such as porches or roof dormers may have a minimum roof slope of at least two (vertical) to 12 (horizontal).

(B) The primary facade material must be painted horizontal lap siding, composed of wood or cement-fiber board. No more than 15 percent of any facade may be clayfired brick.

(C) Each residential structure must have a covered porch with a minimum of two open sides and a minimum floor area of 50 square feet; the porch must be visible from the street.

(D) Parking is not permitted in the front yard. This provision applies to required parking and non-required parking.

26

Z123-252(MW) (E) Front-facing garage doors may not be located in the front 50 percent of any lot. (Ord. Nos. 27944; 28733; 28745) SEC. 51P-830.123. (a)

STREET AND SIDEWALK STANDARDS.

Davis Street and Bishop Avenue (South of Davis).

(1) A minimum 10-foot-wide sidewalk, with a minimum seven-foot-wide unobstructed sidewalk must be provided.

(2) Where the existing right-of-way width does not allow for the required sidewalk width, an additional sidewalk easement must be provided at the time of platting to achieve a 10-foot-wide sidewalk, unless a building exists as of August 11, 2010 does not allow for the required sidewalk width.

(3) On-street parallel parking with curbed neck-downs is required in accordance with Article XIII, â&#x20AC;&#x153;Form Districts.â&#x20AC;? (b) (b) provided. (c)

All other streets. A minimum six-foot-wide unobstructed sidewalk must be Pedestrian amenities.

(1)

In general.

(A)

Pedestrian amenities must be accessible to the public.

(B)

Pedestrian amenities must be located at least seven feet away

from a transit stop.

(C) Canopies, awning, and street lamps must have a minimum clearance above a sidewalk of eight feet.

(D) Light fixtures may not exceed 14 feet in height. Light fixtures must be cut-off type luminaires that direct lighting downward.

(E) Except as provided in this subsection, pedestrian amenities must be provided on each building site with a minimum street frontage of 100 feet and must be located within the curb-to-building area, but may not be located within the unobstructed sidewalk width.

(2)

Davis Street and Bishop Avenue.

(A)

The following pedestrian amenities must be provided: (i)

At least one bench per 100 feet of street frontage.

(ii)

At least one trash receptacle per 100 feet of street

frontage.

27

Z123-252(MW) (iii)

Free-standing or wall-mounted street lamps as specified in

Article XIII, â&#x20AC;&#x153;Form Districts.â&#x20AC;?

(B) At least one of the following pedestrian amenities must be provided on each building site: (i) Awnings or canopies with a minimum overhang of four feet and a minimum length of 25 feet per 100 feet of building facade along the street frontage. (ii)

At least one five-bicycle parking unit per 100 feet of street

frontage. (iii) Public art, approved in writing by the director of the office of cultural affairs or the cultural affairs commission.

(3)

All other streets. The following pedestrian amenities must be provided:

(A) At least one free-standing street lamp, street light suspended between structures, or wall mounted street lamp per 60 feet of street frontage.

(B)

At least one trash receptacle per 100 feet of street frontage.

(4) Maintenance. Pedestrian amenities must be maintained in a state of good repair and neat appearance.

(5)

Driveway design.

(A) Pedestrian crosswalks across ingress and egress driveways must be clearly marked by colored concrete or patterned or stamped concrete and approved by the director of public works and transportation. Pedestrian crosswalk markings on the same block frontage must be consistent.

(B) Curb cuts for driveways must be at least 12 feet but not more than 24 feet in length measured parallel to the frontage.

(C) In Subdistrict 3A, ingress/egress is prohibited on Bishop Avenue.

Primary ingress/egress is permitted on Madison Avenue. Secondary ingress/egress is permitted on the alley south of the subdistrict running between Bishop Avenue and Madison Avenue.(Ord. Nos. 27944; 28745) SEC. 51P-830.124.

ADDITIONAL PROVISIONS.

(a) For purposes of platting, structures that exist as of August 11, 2010 that are nonconforming as to the zoning setback regulations or that encroach upon a setback line are not subject to the setback provisions in Sections 51A-8.501(a) or 51A-8.503(e)(1). (b) The Property must be properly maintained in a state of good repair and neat appearance. (c) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (Ord. 27944)

28

Z123-252(MW) SEC. 51P-830.125.

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. (Ord. 27944)

29

Z123-252(MW)

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30

Case no:

ENEELYS

Z123-252

Date: _ _ 51_ 151_ 20_13_

Z123-252(MW)

Single family

Single family

Single family

Single family

31

Z123-252(MW) CPC Responses

32

Z123-252(MW) 6/19/2013

Reply List of Property Owners Z123-252 119 Property Owners Notified

1Property Owners in Favor

Reply Label # Address

40 Property Owners Opposed

Owner

O

1

1001

BISHOP AVE

SM BISHOP LTD

X

2

826

HAINES AVE

NEWMAN MARTIN V B &

X

3

824

HAINES AVE

FATHERREE BILLY R

4

414

6TH ST

RAMIREZ JUAN DE DIOS

5

832

HAINES AVE

MACIAS INES

6

838

HAINES AVE

ALBA HECTOR

7

831

BISHOP AVE

J CARVER INC

8

835

BISHOP AVE

GOOD SPACE PARTNERS

9

825

BISHOP AVE

ROMERO CARLOS J &

10

830

BISHOP AVE

BRISTOW ANNEMARIE

11

826

BISHOP AVE

BLOCK KEVIN C &

12

834

BISHOP AVE

GAYTAN MARTHA MILAGROS

13

838

BISHOP AVE

MENDOZA JESSE G

14

839

MADISON AVE

BAIN MICHAEL D &

15

829

MADISON AVE

ALEXANDER BRIAN B &

16

904

MADISON AVE

FLORES RAMON

17

900

MADISON AVE

CABRALES CARLOS &

18

908

MADISON AVE

HENSON JESSICA

19

912

MADISON AVE

BELTRAN MARY A

20

918

MADISON AVE

DEUTSCHE BK NATL TR CO

21

900

BISHOP AVE

HURST KENNETH WAYNE

22

315

6TH ST

BISHOP PLACES LLC

23

908

BISHOP AVE

GOOD SPACE INC

X

24

915

MADISON AVE

STOKES BENNETT

X

25

911

MADISON AVE

PALMER LAURA A

X

26

905

MADISON AVE

FLORES RAMON &

X X

33

Z123-252(MW) 6/19/2013

Reply Label # Address

Owner

X

27

901

MADISON AVE

CONLEY PAMELA J

X

28

904

HAINES AVE

HAYES TRACY

29

900

HAINES AVE

ARAGON J W FAMILY LP

30

910

HAINES AVE

ORNELAS ADRIAN T

31

908

HAINES AVE

REA ALIBABA & OLGA E

32

916

HAINES AVE

COUCH KEDRIC & PAT

X

33

913

BISHOP AVE

SALDIVAR ARMANDO JR

X

34

919

BISHOP AVE

DEAN GLORIA &

X

35

911

BISHOP AVE

TORRES MARIA FELIX

36

905

BISHOP AVE

COLCHIN GREG & LANAE

37

1008

HAINES AVE

BREN AARON &

38

1000

HAINES AVE

SALAZAR JESUS & BLANCA E

39

1014

HAINES AVE

CUNYUS GEORGE MARVIN

40

1010

HAINES AVE

MASSONNEAU ANA I

41

1020

HAINES AVE

BUSTAMANTE JOSE C

42

1016

HAINES AVE

MOHMED JAMES & KATHERINE

43

1024

HAINES AVE

SOTO RAFAEL R

44

1028

HAINES AVE

LEJEUNE PACIA

45

418

NECHES ST

JUAREZ MANUEL & IRMA

46

1034

HAINES AVE

JUAREZ DELFINA

47

416

NECHES ST

BUSTAMANTE FRANCISCO &

48

1035

BISHOP AVE

PETERSON JAY R

49

1033

BISHOP AVE

CHADIMA MICHAEL J ETAL

50

1021

BISHOP AVE

NG SAMUEL K S

51

1029

BISHOP AVE

BREEDING ARNITA L

52

1023

BISHOP AVE

MULAS GERARDO

53

1019

BISHOP AVE

RENTERIA ROMUALDO D

54

1011

BISHOP AVE

MARTINEZ EUGENIO D &

55

1015

BISHOP AVE

KAVONIAN GARY D

56

1002

BISHOP AVE

ESTES FAMILY TRUST

57

1006

BISHOP AVE

FISCAL JULIO

X

X X X X X

X

X

34

Z123-252(MW) 6/19/2013

Reply Label # Address X

Owner

58

1012

BISHOP AVE

COLLIE NOEMI

59

1016

BISHOP AVE

TODD PANSY

60

1014

BISHOP AVE

SURETHING JOSHUA

61

1026

BISHOP AVE

HERRERA RAMIRO

62

1018

BISHOP AVE

VELASQUEZ JOSHUA

63

1030

BISHOP AVE

MENDOZA JESUS G SR

64

314

NECHES ST

HERNANDEZ FRANCISCO

65

1034

BISHOP AVE

LOPEZ REFUJO &

66

1037

MADISON AVE

CHIBLI EMILIO

67

1031

MADISON AVE

ROGERS LINDSEY

X

68

1023

MADISON AVE

MARTINEZ JESUS

X

69

1025

MADISON AVE

MARTINEZ JESUS &

70

1029

MADISON AVE

CHIBLI EMILIO & ANA

71

1015

MADISON AVE

MARTINEZ MAURICIO

72

1019

MADISON AVE

SONICK LLC

73

1013

MADISON AVE

JENNINGS JENNI D

74

1001

MADISON AVE

WRIGHT CHRISTOPHER J

75

1007

MADISON AVE

GRAHAM STEPHEN

76

1002

MADISON AVE

MONROY AMANDO

77

1006

MADISON AVE

MARTINEZ JOSE JUAN &

78

1010

MADISON AVE

ESCALANTE JOSE JESUS &

79

1012

MADISON AVE

SANCHEZ MARIO

80

1016

MADISON AVE

RANGEL JOSE DE LA LUZ

81

1020

MADISON AVE

VALADEZ BENITA

82

1024

MADISON AVE

HOPKINS ALAN

83

1033

HAINES AVE

MARTINEZ JOSE C &

84

1031

HAINES AVE

MARTINEZ MARTIN & LETICIA

X

85

1002

WOODLAWN AVE

GONZALEZ FRANCISCO R

X

86

1004

WOODLAWN AVE

ORNELAZ RAYMOND C

87

1014

WOODLAWN AVE

LINEBERGER PAULINE E

88

1010

WOODLAWN AVE

DIAZ JULIO G &

X

X X

X

X

35

Z123-252(MW) 6/19/2013

Reply Label # Address

Owner

89

1018

WOODLAWN AVE

PHINNEMORE MICHAEL & WENDY

90

1020

WOODLAWN AVE

NUCHE SAM

91

1024

WOODLAWN AVE

CASTANON ESTEBAN &

92

1028

WOODLAWN AVE

PTL FUND I LP

93

1032

WOODLAWN AVE

ACEVEDO HUMBERTO

X

94

1035

HAINES AVE

RAYMUNDO JOSE DE J &

X

95

1039

HAINES AVE

DEAN GLORIA

96

1025

HAINES AVE

FAUSTINO AUDRA ELISE

97

1023

HAINES AVE

KEPHART ERIC

98

1019

HAINES AVE

FLORES JOSE & MARIA

99

1009

HAINES AVE

MCCORD LORRAINE V

100

1015

HAINES AVE

SMITH REGINE

101

1001

HAINES AVE

COOK PAUL DOUGLAS

102

1005

HAINES AVE

SMITH DANELLE BALDWIN &

103

425

NECHES ST

GOOD SPACE INC

104

1105

BISHOP AVE

SMITH J WAYNE & SHARON A

105

1101

BISHOP AVE

VELEZ WALTER

106

1103

HAINES AVE

MENDOZA JESUS

107

1102

BISHOP AVE

ALBA MERCEDES

108

1101

MADISON AVE

ARELLANO JULIO NAVA &

109

919

HAINES AVE

ARMOUR CAROLYN A

110

915

HAINES AVE

MOTA CONSUELO

111

909

HAINES AVE

909 HAINES LLC

112

905

HAINES AVE

ORNELAS ADRIAN T &

113

902

WOODLAWN AVE

ORTIZ PHILLIP A &

114

906

WOODLAWN AVE

GODINEZ RAMON & ELVA

115

910

WOODLAWN AVE

SALAZAR REGELIO L

116

912

WOODLAWN AVE

HUGGINS KAREN A

117

839

HAINES AVE

RACHMAN DANIEL J

118

438

6TH ST

SPYKER JAMES E & KELLY M

119

831

HAINES AVE

HUMPHREY ROSILYN A

X

X

X

X

X

X X

X

36

AGENDA ITEM # 93 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

2

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 670-9195

MAPSCO:

45 M

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1913 for a Bar, lounge or tavern on property within the Tract A portion of Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District on the south line of Elm Street, east of Good Latimer Expressway Recommendation of Staff: Approval for a three-year period, subject to revised conditions Recommendation of CPC: Approval for a five-year period, subject to revised conditions Z123-255(RB)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, AUGUST 14, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-255(RB)

DATE FILED: April 12, 2013

LOCATION:

South Line of Elm Street, East of Good Latimer Expressway

COUNCIL DISTRICT: 2

MAPSCO: 45 M

SIZE OF REQUEST:

CENSUS TRACT: 204

Approx. 5,000 Sq. Ft.

APPLICANT:

Anvil Pub

REPRESENTATIVE:

Audra Buckley

OWNER:

MGP Holdings, LLC-Margot Okowita, President

REQUEST:

An application for the renewal of Specific Use Permit No. 1913 for a Bar, lounge or tavern on property within the Tract A portion of Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District.

SUMMARY:

The applicant is requesting renewal of SUP No. 1913 in order to continue operation of the existing bar.

CPC RECOMMENDATION:

Approval for a five-year period subject to revised conditions.

STAFF RECOMMENDATION:

Approval for a three-year period subject to revised conditions.

1

Z123-255(RB)

BACKGROUND INFORMATION: •

The request site is currently developed with a 4,500 square feet one-story structure used as a bar, lounge or tavern with a 500 square foot uncovered patio.

•

On June 14, 2006, the City Council approved an amendment to PDD No. 269 which requires an SUP for this use category.

•

On November 26, 2011, the City Council approved SUP No. 1913 for a two-year period.

•

No revisions or expansion of the use is being requested.

Zoning History: 1. Z101-187

On May 25, 2011, City Council approved the renewal of SUP No. 1757 for a Bar, lounge, or tavern and an Inside commercial amusement use for a Live music venue for a three-year period.

2. Z123-109

On January 23, 2013, the City Council approved the renewal of SUP No. 1694 for an alcoholic beverage establishment for a bar, lounge or tavern and an Inside commercial amusement limited to a live music venue for a five-year period.

3. Z101-347

On December 14, 2011, the City Council approved the renewal of SUP No. 1783 for a bar, lounge, or tavern for a three-year period.

4. Z101-348

On December 9, 2009, the City Council approved the renewal of SUP No. 1784 for a bar, lounge, or tavern and Inside commercial amusement for a Class A Dance hall for a three-year period.

5. Z123-137

On February 25, 2013, the City Council recommended approval of a Specific Use Permit for a bar, lounge, or tavern for a two-year period.

Thoroughfare

Designation; Existing & Proposed ROW

Elm Street

Minor Arterial; 80’ & 80’ ROW

2

Z123-255(RB)

STAFF ANALYSIS: Comprehensive Plan: 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.

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 applicant is requesting the renewal of SUP No. 1913 in order to continue operation of an existing bar. The use incorporates an uncovered patio (500 square feet) abutting the southern faรงade (see attached site plan) The request site consists of a one-story structure that is situated in a blockface consisting of similar architectural character (structures that existed prior to June, 1984), all of which have enjoyed adaptive reuse as this area has enjoyed a significant presence for entertainment venues and compatible retail uses. With the continued expansion of services provided by DART (i.e., completion of the Green Line that traverses this general area), construction and occupancy of medium-density residential projects have established that, in part, serve the hospital campus and downtown central business district. The site is surrounded by a mix of office/retail/restaurant uses that are served by various surface parking lots and metered spaces along Elm Street.

The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the

3

Z123-255(RB) 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.

Continuation of the proposed use is consistent with not only the most recent use on the property, but is similar in operational characteristics of other entertainment/retail venue uses in the immediate area. As noted above, the general land use in the immediate area provides for a significant presence of various retail and entertainment venue uses that serve the new housing stock in Deep Ellum as well as serving as a destination for patrons outside of the area.

As a result of this analysis, the request complies with the general provisions for consideration of renewal of SUP No. 1913, subject to staffâ&#x20AC;&#x2122;s revised conditions; no revisions are required to the existing site plan (see attached). It should be noted the City Plan Commission recommended approval of the applicantâ&#x20AC;&#x2122;s request for a five-year period.

Traffic: The Engineering Section of the Department of Development Services has reviewed the requested renewal and determined it will not significantly impact the surrounding street system.

Off-Street Parking: PDD No. 269 does not require off-street parking for the first 2,500 square feet of floor area for these uses on the first floor in an original building. The applicant occupies 4,500 square feet of floor area, thus a requirement of twenty spaces.

The applicant provides for the required spaces via a city-approved parking agreement.

Additionally, it should be noted that a significant number of metered on-street parking spaces exist as well as surface parking lots throughout the immediate area west of the site.

Police Activity: There have been no reported offenses for the most recent two-year period associated with this location.

CPC ACTION (June 6, 2013) Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1913 for a Bar, lounge or tavern for a five-year period, subject to revised conditions on property within the Tract A portion of Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District on the south line of Elm Street, east of Good Latimer Expressway.

4

Z123-255(RB)

Maker: Wally Second: Anglin Result: Carried: 12 to 0 For:

Against: Absent: Vacancy: Notices: Replies:

Area: For:

12 - Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Schwartz, Ridley, Alcantar 0 3 - Davis, Bernbaum, Wolfish 0

200 2

Mailed: 24 Against: 0

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

5

Z123-255(RB) CPC AMENDING CONDITIONS FOR SUP NO. 1913 1. USE: The only use authorized by this specific use permit is a bar, lounge, or tavern.

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

CPC recommended: 3. TIME LIMIT: This specific use permit automatically terminates on October 26, 2013 (five years).

Staff recommended: 3. TIME LIMIT: This specific use permit automatically terminates on October 26, 2013 (three years).

4. FLOOR AREA: A. Maximum floor area for the bar, lounge, and tavern is 4,500 square feet in the location shown on the attached site plan.

B. Maximum land area for the uncovered patio is 500 square feet in the location shown on the attached site plan.

5. HOURS OF OPERATION: The bar, lounge, or tavern may only operate between 4:00 p.m. and 2:00 a.m. (the next day), Monday through Friday; and between 11:00 a.m. and 2:00 a.m. (the next day), Saturday and Sunday.

6. PARKING: Parking must be provided in accordance with the requirements of Planned Development District No. 269. Delta credits, as defined in Section 51AA4.704(b)(4), may not be used to meet the off-street parking requirement.

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

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

6

Z123-255(RB)

Existing Site Plan

(no requested revisions)

7

Z123-255(RB)

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Z123-25S S/21/2013

Z123-255(RB)

Open-enrollment charter school

Retail, entertainment venues, scattered surface parking

9

Z123-255(RB)

1

4 5

10

3

2

Z123-255(RB) CPC RESPONSES

11

Z123-255(RB) 6/6/2013

Reply List of Property Owners

Z123-255

24 Property Owners Notified Owners Opposed

2 Property Owners in Favor

Reply Label # Address

0 Property

Owner

1

2638

ELM ST

MGP HOLDINGS LLC

2

2634

ELM ST

BAZZLE S WAYNE &

3

2626

ELM ST

ELM STREET LOFTS LTD

4

2625

MAIN ST

EVANS HENRY J

O

5

2634

ELM ST

ROSE BARSHOP RESIDUARY TR

O

6

2628

ELM ST

ROSE BARSHOP RESIDUARY TR

7

2649

MAIN ST

PETERS WILSON G

8

2644

ELM ST

CAMERON PAUL DARREN

9

2635

MAIN ST

MERRILL ROBERT

10

2640

ELM ST

AMERITRUST TEXAS NA AGENT

11

2623

MAIN ST

PARK A LOT LP

12

2620

ELM ST

WESTDALE PROPERTIES AMERICA I LTD

13

2642

ELM ST

LALCO INC

14

2650

ELM ST

ELM ELM LLC

15

2646

ELM ST

TEXAS AUTO RADIATOR CO

16

2642

MAIN ST

MERRILL ROBERT L &

17

2630

MAIN ST

COMMERCE STREET PS LTD

18

2650

MAIN ST

JERNIGAN REALTY PTNR LP

19

2615

ELM ST

GRAVES ALBERT JR ET AL

20

2720

ELM ST

ELM STREET REALTY LTD

21

2701

MAIN ST

42 2701 MAIN LP

22

2707

ELM ST

BELMOR CORP

23

2703

ELM ST

BELMOR CORP

24

2701

ELM ST

BELMOR CORP

12

AGENDA ITEM # 94 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

1

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 670-9195

MAPSCO:

54 Q

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for multifamily uses on property zoned a MF-1(A) Multifamily District on the southeast corner of South Zang Boulevard and West Louisiana Avenue Recommendation of Staff and CPC: Approval, subject to a conceptual plan and conditions Z123-313(JH)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, AUGUST 14, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-313 (JH)

DATE FILED: June 18, 2013

LOCATION:

Southeast corner of South Zang Boulevard and West Louisiana Avenue

COUNCIL DISTRICT: 1

MAPSCO:

54-Q

SIZE OF REQUEST:

Approx. 3.982 acres

CENSUS TRACT: 62

REPRESENTATIVE:

Rob Baldwin

APPLICANT/OWNER:

WCH Limited Partnership

REQUEST:

An application for a Planned Development District for multifamily uses on property zoned an MF-1(A) Multifamily District.

SUMMARY:

The applicant proposes to construct a multifamily development with approximately 165 dwelling units and a maximum of four-story buildings.

CPC RECOMMENDATION:

Approval, conditions

subject

to

a

conceptual

plan

and

STAFF RECOMMENDATION:

Approval, conditions

subject

to

a

conceptual

plan

and

1

Z123-313(JH)

BACKGROUND INFORMATION: •

The request site is currently developed with approximately 40 dwelling units constructed in or about 1949. The applicant is proposing to redevelop the property with approximately 165 dwelling units.

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

Thoroughfares/Streets: Thoroughfares/Street

Type

Existing ROW

Zang Boulevard

Minor Arterial

125 ft.

Louisiana Boulevard

Local

50 ft.

STAFF ANALYSIS: Comprehensive Plan: The request site is located in an area designated as a Commercial Corridor on the Vision Illustration within FowardDallas comprehensive plan. The scale of the multifamily development fits within this building block.

LAND USE ELEMENT GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1

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

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

2

Z123-313(JH) The applicantâ&#x20AC;&#x2122;s request complies with the following goals and policies of the comprehensive plan because the PD conditions will put emphasis on creating a desirable public realm, or space between the buildings, and the street along Zang Boulevard. The applicant worked with the Design Studio and staff to create PD conditions that would enhance the urban design of the proposed development and promote a safe neighborhood.

URBAN DESIGN GOAL 5.1

PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY

Policy 5.1.1

Promote pedestrian-friendly streetscapes.

NEIGHBORHOOD ELEMENT GOAL 7.1

PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS

Policy 7.1.2

Promote neighborhood-development compatibility.

Policy 7.1.4

Promote clean and safe neighborhoods.

The proposed development is a recipient of tax credits, though the PD conditions do not require that the development be restricted to affordable housing. The redevelopment of 40 multifamily units into a maximum of 165 dwelling units provides additional housing opportunities in location with a mix of land uses in walking distance.

ECONOMIC ELEMENT GOAL 2.1

PROMOTE BALANCED GROWTH

Policy 2.1.3

Support efforts to grow retail and residential opportunities in the Southern Sector.

HOUSING ELEMENT GOAL 3.3

EXPAND AFFORDABLE HOUSING ALTERNATIVES

Policy 3.3.3

Obtain support to develop affordable housing.

URBAN DESIGN GOAL 5.3

ESTABLISHING WALK-TO CONVENIENCE

Policy 5.3.1

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

3

Z123-313(JH) Land Use Compatibility: The applicant is proposing to redevelop the approximately four acre request site from a development of nine two-story buildings almost 65 years old containing 40 multifamily units with a maximum of 165 dwellings in two to three buildings and structured parking.

The proposed buildings will range from two to four stories, up to a maximum height of 55 feet for the structure with additional height for mechanical projections.

The property is located east of the Wynnwood Shopping Center, which contains a variety of retail and personal service uses primarily. To the south of the property are an adult daycare center and a convenience store at the intersection of Zang Boulevard and Illinois Avenue. East of the property across the creek are single family residential uses.

Multifamily development is north of the property and developed in the same manner as the request site.

The existing MF-1(A) Multiple Family District allows for a maximum height of 36 feet with an additional 12 feet for mechanical equipment and other listed structures. Staff is comfortable with the requested height of 55 feet, but proposes only 4 additional height for projections for mechanical equipment while the applicant proposes additional height of 10 feet; staff also proposes height be restricted to 36 feet for the easternmost 100 feet of the request site. The proposed development would not comply with the Residential Proximity Slope (RPS), which would be a 1:3 slope originating from the single family properties to the east. Staff recommends relief from RPS with the 100 foot height zone just described and a minimum 20 foot landscaping buffer on the eastern boundary.

The property is separated from single family structures to the east by a creek. The property is also located partially within a floodplain. The development must either build outside of the floodplain or obtain a fill permit.

Staff supports the applicantâ&#x20AC;&#x2122;s request to increase height and density in order to redevelop the property. The applicant worked with the Design Studio in 2012 in an area study and was the subject property of a charrette in November 2012. Since their application for zoning, the applicant has worked with the Design Studio and staff to develop PD conditions that will capture the communityâ&#x20AC;&#x2122;s recommendations from the charrette and general urban design criteria that will enhance the development.

4

Z123-313(JH) Development Standards: DISTRICT

SETBACKS Front

Side/Rear

Density FAR

Height

Lot Coverage

Special Standards

15’-25’ Zang; 15’ Louisiana

0’/5’

Max 165 dwellings

55’ / 4 stories

60%

Street activating residential standards

Multifamily

15’

Min lot 3,000 sq. ft.

1,000 sq ft – E 1,400 sq. ft – 1 BR 1,800 sq ft – 2 BR +200 sq ft each add BR

36’

60%

Proximity Slope

Multifamily, duplex, single family

Primary Uses

Proposed PD Multifamily

Existing MF-1(A) Multifamily

15’

Parking/Traffic: The PD conditions propose a ratio of 1.3 off-street parking spaces per dwelling unit rather than the code requirement of one space per bedroom. The preliminary bedroom mix indicates the code requirement would have the development provide a minimum of 312 off-street parking spaces. The applicant provided a parking analysis supporting the requested 1.3 spaces per unit, which would require 215 off-street parking spaces for 165 dwelling units. The parking analysis cites parking trends for subsidized housing on a nationwide general basis and three local subsidized apartment developments’ parking patterns. A bus shelter is located in the area near the intersection of Zang Boulevard and Louisiana Boulevard, served by the DART bus line 001 which connects Wynnwood Shopping Center to Mockingbird Station through downtown. Staff supports the reduction in parking ratio based on the provided parking analysis.

Landscaping: Landscaping is required in accordance with Article X of the Dallas Development Code with specific landscaping required along Zang Boulevard. An exhibit prepared by the Design Studio is attached to illustrate the location and average spacing for parkway trees, small trees, pedestrian lighting, and sidewalk network.

5

Z123-313(JH) List of Partners/Principals/Officers WCH Limited Partnership Wynnewood Senior Housing GP, LLC 511 N. Akard Street – Suite 301 Dallas, TX 75201 Banc of America Community Development Corporation 401 N. Tryon St – NCI-021-02-20 Charlotte, NC 28202 ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾

Charles Holliday, Jr. Director Sharon Allen, Director Susan Bies, Director Jack Bovender, Jr., Director Frank Bramble, Sr. Director Arnold Donald, Director Charles Gifford, Director Linda Hudson, Director Monica Lozano, Director Thomas May, Director Brian Moynihan, Director Lionel Nowell, III, Director R. David Yost, Director Wynnewood Seniors Housing CP. LLC Central Dallas Community Development Corporation 2814 Main Street – Suite 102 Dallas, TX 75226 Larry James, President & Director Gerald Britt, Vice President & Director Edd Eason, Secretary & Director John Greenan, Executive Director Dan Hopkins, Director Allene Medlock, Director David Dunnigan, Director Lynda Zimmerman, Director Sam Coats, Director

6

Z123-313(JH) CPC Minutes July 11, 2013

7

Z123-313(JH) CPC RECOMMENDED PD CONDITIONS “ARTICLE ____.

P.D. ___ 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 South Zang Boulevard and West Louisiana Avenue. The size of PD _____ is approximately 3.982 acres.

SEC. 51P-___.103.

DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this division, (1) BLADE SIGN means an attached premise sign projecting perpendicularly from a main building façade, visible from both sides, and made of rigid or soft materials.

(2)

STOOP means a small porch leading to the entrance of a

residence. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are articles, divisions, or sections in Chapter 51A. (c)

This Property is considered to be a residential zoning district.

SEC.51P-___.104

EXHIBITS.

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

Exhibit ____A: conceptual plan.

(2)

Exhibit ____B: Zang Boulevard streetscape.

8

Z123-313(JH) SEC.51P-___.105

CONCEPTUAL PLAN.

Development and use of the Property must comply with the conceptual plan (Exhibit ____A). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls.

SEC.51P-___.106

DEVELOPMENT PLAN.

A development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this district. If there is a conflict between the text of this article and the development plan, the text of this article controls.

SEC.51P-___.107

MAIN USES PERMITTED.

The only main uses permitted are those main uses permitted in the MF-2(A) Multifamily District, subject to the same conditions applicable in the MF-2(A) Multifamily District, as set out in Chapter 51A. For example, a use permitted in the MF-2(A) Multifamily 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 MF-2(A) Multifamily District is subject to DIR in this district; etc.

SEC.51P-___.108.

ACCESSORY USES.

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

The following accessory uses are not permitted: ----------

SEC.51P-___.109.

Accessory helistop.

Accessory medical/infectious waste incinerator.

Accessory outside display of merchandise.

Accessory outside sales.

Accessory pathological waste incinerator.

Amateur communication tower.

Day home.

General waste incinerator.

Private stable.

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.)

9

Z123-313(JH) (a)

Setbacks.

(1)

Encroachments.

(A) For residential uses, unenclosed balconies, bay windows, awnings, stoops, and patios may encroach up to five feet into the required Zang Boulevard minimum front yard setback. Retaining walls, raised planters, sculptures, and other decorative landscape items may be located within the required setback.

(2)

Front yard.

(A)

Except as provided in this subsection, minimum front yard is

15 feet.

(B) Maximum front yard setback for 80 percent of the Zang Boulevard frontage is 25 feet. No maximum front yard setback is required for the Louisiana Avenue frontage.

(C)

No urban form setback is required.

(3) Side and rear yard. Minimum side and rear yard setback is five feet if a setback is provided; otherwise, no minimum side or rear yard is required. (b)

Density. Maximum number of dwelling units is 165.

CPC recommended (c) Height.

(1) Except as provided in this subsection, maximum structure height is 55 feet and projections specified in Sec. 51A-4.408(a)(2)(A) are permitted to project an additional four feet above the maximum building height.

(2)

The eastern 100 feet of the Property is limited to a maximum height

of 36 feet.

Applicant proposed (c) Height.

Maximum structure height is 55 feet and additional projections specified in Sec. 51A-4.408(a)(2)(A) are permitted to project an additional 10 feet above the maximum building height. (d) Lot coverage. Maximum lot coverage is 60 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots, and underground parking structures are not. (e)

Lot size. No minimum lot size.

10

Z123-313(JH) (f) Stories. Maximum number of stories above grade is four. No maximum number of stories for parking structures.

SEC.51P-___.110. (a)

URBAN DESIGN ELEMENTS FOR RESIDENTIAL USES.

Street-facing, ground floor dwelling units.

(1) 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.

(2) (b)

Street-facing facades must be clearly visible from the street.

Architectural elements.

(1) In order to break up long walls, building articulation of a minimum depth of one foot is required for every 50 feet of length of a street facing faรงade is required.

(2) A minimum of two different faรงade materials is required on each street-facing facade.

(3) Special architectural elements, such as architecturally prominent public entrances, a canopy or awning, attached tower or turret, are required at the building corners at street intersections and building public entry points.

(4) Exterior parking structure facades are those facades on an aboveground parking structure that are visible from a public right-of-way or the eastern property line of the district. The exterior parking structure facade must be constructed in a way so that it is similar in materials, architecture, and appearance to the facade of the main structure. Breaks in the exterior parking structure facade not exceeding 40 feet in width are permitted at driveway and entryway locations. Openings in the exterior parking structure facade may not exceed 60 percent of the total parking structure facade area. An aboveground exterior parking structure faรงade which faces the eastern property line must provide solid screening of a minimum 42 inches from the floor level within the parking structure to screen vehicles and vehicle headlights. Openings must be screened with architectural grill work or other decorative visual screening materials that provide ventilation. (c)

Pedestrian amenities.

(1) A minimum of two benches and two trash receptacles are required along each 200 feet of street frontage per lot.

(2) Pedestrian scale lighting must be provided at an average of one lighting fixture per 60 feet of street frontage.

11

Z123-313(JH) (3) A minimum unobstructed sidewalk width of six feet must be provided. Trees and tree grates are sidewalk obstructions. The sidewalk must be located in the area between parkway trees and the street-facing faรงade as shown on Exhibit ____B. If a sidewalk is located in the front yard, the property owner must dedicate a sidewalk easement to the city to assure its availability to the public as a permanent pedestrian way.

(4) 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.

(5) 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 or driven upon. Area for enhanced public space does not count towards this requirement.

(6) 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.

(7) Enhanced public space must be provided at the intersection of Zang Boulevard and Louisiana Avenue in the location shown on the conceptual plan and contain or meet the following requirements: (A) Enhanced public space must preserve and protect existing viable trees at the time of new construction.

(B)

Enhanced public space may be level, stepped, or gently

sloping.

(C) A minimum of 50 percent of the enhanced public space must be landscape area consisting of trees, turf, or ground cover. The balance may be any paved surface. Pervious paving materials must make up 70 percent of paved surface.

(D) Enhanced public space may be furnished with paths, benches, and open shelters.

(E) Fencing in the enhanced public space may not be further than 10 feet from a main building.

Sec. 51P-___.111.

OFF-STREET PARKING AND LOADING.

(a) Except as provided in this section, consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use.

12

Z123-313(JH) (b) required.

For multifamily uses, a minimum of 1.3 spaces per dwelling unit are

(c) Lighting fixtures on the top level of a parking structure must be attached to the structure or bollards and may not be taller than 48 inches above the floor of the top level.

SEC.51P-___112.

ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI. SEC.51P-___.113.

LANDSCAPING AND SIDEWALKS.

(a) In general. Except as provided in this section, landscaping and tree mitigation 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. (b)

Landscaping.

(1)

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

(2)

Large trees must be planted a minimum of 10 feet away from a

building. (c) Zang Boulevard frontage. Landscaping must be provided in accordance with Exhibit ____B and this section. Tree planting requirements are an average spacing, not an on center requirement. If there is a conflict between the text of this article and Exhibit ___B, the text of this article controls.

(1)

Parkway trees.

(A) Tree planting zone. Parkway trees must be located within the tree planting zone, which is that area parallel to and between two-and-one-half and 10 feet from the back of the projected street curb. Trees planted within the tree planting zone may count toward street tree requirements.

(B) Number. The minimum number of required parkway trees is determined by dividing the number of feet of street frontage, exclusive of visibility triangles, by 30. Fractions are rounded to the nearest whole number, with .5 being rounded up to the next higher whole number.

(C) Type. Parkway trees must be recommended for local area use by the building official.

(D) Height and caliper. Parkway trees must have a minimum height of 14 feet and a minimum caliper of three-and-one-half inches measured at a point 12 inches above the root ball at the time of installation.

13

Z123-313(JH) (E) Spacing. Parkway trees must be spaced as uniformly as practicable, but must be within 50 feet of the trunk of another required tree.

(2)

Private yard.

(A) Tree planting zone. Private yard trees must be located in the buffer or private yard area shown on Exhibit __B. (B) Number. The minimum number of required private yard trees is determined by dividing the number of feet of street frontage by 60. Fractions are rounded to the nearest whole number, with .5 being rounded up to the next higher whole number.

(C) Type. Private yard trees must be small trees recommended for local area use by the building official.

(D) Height and caliper. Private yard trees must have a minimum height of eight feet and a minimum caliper of two inches measured at a point 12 inches above the root ball at the time of installation.

(E) Foundation planting area. The foundation planting area is a minimum seven foot area along the foundation of a street facing faรงade of a building in the transition zone shown on Exhibit ___B. The foundation planting area must contain living trees, shrubs, or vines that are recommended for local area use by the building official. Turf grass and ground cover are not counted toward meeting these minimum planting requirements. Initial plantings must be calculated to cover a minimum of 50 percent of this area at a minimum height of 24 inches within a three-year period. There must be at least one plant for each four square feet of this area unless a landscape architect recommends an alternative planting density as part of a landscape plan that the building official determines is capable of satisfying the minimum coverage requirement for this area.

(3) Modifications to location due to utility conflict. If the parkway tree planting location cannot fully comply with Exhibit ___B due to an existing utility conflict, the width of the areas in Exhibit ___B may be reduced in the following order.

(A)

Reduce the buffer.

(B)

Reduce the walk on private property to a minimum of three

feet.

(C) Reduce the bioswale area for street trees and replace the large canopy trees with small trees that are more appropriate for the reduced area.

Small trees must comply with the height and caliper requirement for private yard. (d) Creekside buffer. The residential adjacency buffer required along the eastern boundary must be a minimum of 20 feet in width and comply with Section 51A10.125(b)(7).

14

Z123-313(JH) SEC.51P-___.114 (a)

FENCING AND REQUIRED SCREENING.

Solid fencing is prohibited.

(b) Fencing between a street-facing faรงade and the right-of-way is limited to a maximum height of four feet. (c) Individual entries may be gated and private yards or patios fenced if the fencing is a minimum of 70 percent open, such as wrought iron, and a maximum height of four feet. (d) Fencing between a street-facing faรงade and the right-of-way that is not used for an individual private yard must provide one pedestrian gate for every 150 feet of fence length. (e) Any surface parking areas that require screening from adjoining residential property in accordance with Section 51A-4.301(f) must use landscaping or a berm as described in Section 51A-4.301(f)(3)(ii) or (iii).

SEC.51P-___.115

SIGNS.

(a) In general. Except as provided in this subsection, signs must comply with the provisions for non-business zoning districts. (b) Blade signs. A multifamily premise may erect no more than two blade signs that project no further than four feet from the vertical building surface. The sign may not be illuminated, exceed 20 square feet in effective area, extend above the roof or over any public right-of-way, be located within the space 10 feet above grade, or be on a premise with a detached sign. No blade signs are allowed to project from a building faรงade facing Louisiana Avenue.

SEC.51P-___.116

ADDITIONAL PROVISIONS.

(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.

SEC.51P-___.117

COMPLIANCE WITH CONDITIONS.

(a) All paved areas, permanent drives, streets and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (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

15

Z123-313(JH) compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city.

16

Z123-313(JH) CPC RECOMMENDED CONCEPTUAL PLAN

17

Z123-313(JH) ZANG BOULEVARD LANDSCAPING EXHIBIT

18

Z123-313(JH)

e\ZERTE AVE

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~

0-9

BECKl.fYWOOO_BL\ID

I I

PELMAN ST

CONRAD ST

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W ILLINOIS AVE W ILLINOIS AVE ynne"路Ood Park

0

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z

GUTt;RIEST

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W ELMOREAVE

庐

VICINITY MAP

1:6,000

19

WELMOREAVE

Z_1_2_3_-_3_1_3__

Case no: _ _

Date: _ _ _ 61 _2_6_12_0_1_3_ _

Z123-313(JH)

Multifamily

Single family Retail

Adult day care

Retail

20

Z123-313(JH) CPC Responses

21

Z123-313(JH) 7/11/2013

Reply List of Property Owners Z123-313 51 Property Owners Notified Opposed

1 Property Owners in Favor

Reply Label # Address

O

0 Property Owners

Owner

1

2107

BROOKHAVEN DR

SANCHEZ CESAREO

2

2045

BROOKHAVEN DR

GONZALEZ ALEJANDRA &

3

1404

PRATT ST

WCH LIMITED PARTNERSHIP

4

331

CONRAD ST

LOPEZ LEOPOLDO N

5

332

CONRAD ST

BURKLEO RICHARD R

6

326

CONRAD ST

SOLIS IRMA O

7

322

CONRAD ST

BERRINGER DIANA L

8

318

CONRAD ST

SALANA PPTIES LTD

9

335

LOUISIANA AVE

HALL L & MAMIE

10

331

LOUISIANA AVE

TELLEZ EVANGELINA SILVA &

11

327

LOUISIANA AVE

BAYWOOD HOMES LLC

12

323

LOUISIANA AVE

CLARK LORRAINE

13

319

LOUISIANA AVE

BASS JOHN

14

342

MONTANA AVE

TREMERICA INDUSTRIES LLC

15

338

MONTANA AVE

PERRY DOUGLAS S

16

343

ILLINOIS AVE

ILLINOIS BRAKE CORP

17

343

MONTANA AVE

FRAIRE PASCUAL

18

339

MONTANA AVE

JIMENEZ VINCENT F

19

335

MONTANA AVE

GARCIA JUAN J & REBECA

20

332

WOODIN BLVD

VILLAREAL HILDA

21

342

WOODIN BLVD

MOORE LARRY

22

342

LOUISIANA AVE

GAETA JOSE B

23

338

LOUISIANA AVE

HODO JERRY & BONNIE

24

334

LOUISIANA AVE

OWENS REDONIA

25

341

WOODIN BLVD

FORD MURPHY

26

335

WOODIN BLVD

BALLINAS JUAN R &

22

Z123-313(JH) 7/11/2013

Reply Label # Address

Owner

27

330

LOUISIANA AVE

CARTER ARDIS J

28

326

LOUISIANA AVE

ANDERSON JENNIFER L

29

322

LOUISIANA AVE

WILEY JOE B

30

331

WOODIN BLVD

MENDEZ DOMINGO & SOFIA

31

414

MONTANA AVE

LAFUENTE LUPE &

32

410

MONTANA AVE

PADILLO REBECCA L R

33

408

MONTANA AVE

GONZALES MARIA DE JESUS

34

425

ILLINOIS AVE

LOCAL PROPERTIES LLC

35

407

ILLINOIS AVE

PNYX LIMITED PARTNERSHIP

36

401

ILLINOIS AVE

RELIANCE ENTERPRISES INC

37

2119

BROOKHAVEN DR

KNIGHT IRVING

38

419

MONTANA AVE

LAFUENTE ANGEL JOSEPH

39

411

MONTANA AVE

CORONADO MARIA

40

407

MONTANA AVE

VAZQUEZ OLIVIA

41

403

MONTANA AVE

PEREZ ABAD J

42

2115

BROOKHAVEN DR

CITIMORTGAGE INC

43

2031

BROOKHAVEN DR

RODRIGUEZ FRANCISCO

44

2037

BROOKHAVEN DR

CURL DANIEL V & MARY L

45

2150

LLEWELLYN AVE

CENTRO NP HOLDINGS 12 SPE LLC

46

300

LOUISIANA AVE

CONNELLY J M

47

701

ILLINOIS AVE

BELLAIRE CAPITAL PS LP

48

701

ILLINOIS AVE

CENTRO NP HOLDINGS 12 SPE LLC

49

2242

ZANG BLVD

7 ELEVEN INC

50

2000

LLEWELLYN AVE

200 PIER ASSOCIATES LLC

51

2200

ZANG BLVD

NEW HOPE FOUNDATION

23

AGENDA ITEM # 95 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 670-9195

MAPSCO:

22 C

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an IM Industrial Manufacturing District and a resolution accepting deed restrictions volunteered by the applicant on property zoned an IR Industrial Research District and an MU-3 Mixed Use District on the west line of Newberry Street, north of Crown Road Recommendation of Staff and CPC: Approval, subject to deed restrictions volunteered by the applicant Z123-164(RB) Note: This item was considered by the City Council at a public hearing on June 26, 2013, and was taken under advisement until August 14, 2013, with the public hearing open

HONORABLE MAYOR & CITY COUNCIL

WENDESDAY, AUGUST 14, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-164(RB)

DATE FILED: December 26, 2012

LOCATION:

West Line of Newberry Street, North of Crown Road

COUNCIL DISTRICT:

6

MAPSCO:

SIZE OF REQUEST:

Approx. 2.735 Acres

CENSUS TRACT: 99

APPLICANT/OWNER:

11517 Newberry, LP

REPRESENTATIVE:

Luis Ortiz

REQUEST:

An application for an IM Industrial Manufacturing District with deed restrictions volunteered by the applicant on property zoned an IR Industrial Research District and an MU-3 Mixed Use District.

SUMMARY:

The applicant proposes to continue operation of a sand, gravel, or earth sales and service use, commercial motor vehicle parking, and outside storage without visual screening.

Additionally, the applicant has volunteered deed restrictions prohibiting certain uses and providing for specific operational regulations.

22 C

CPC RECOMMENDATION: the applicant.

Approval, subject to deed restrictions volunteered by

STAFF RECOMMENDATION: the applicant.

Approval, subject to deed restrictions volunteered by

1

Z123-164(RB) BACKGROUND INFORMATION: •

The site is developed with multiple uses consisting of office, sand, gravel, or earth sales and service use, commercial motor vehicle parking, and outside storage without visual screening.

•

The applicant is requesting an IM District to permit the above referenced uses, excluding the office use (a permitted use under existing zoning), as permitted uses.

•

In conjunction with the request, the applicant has volunteered deed restrictions that prohibit certain uses as well as provide for certain operational regulations.

Zoning History: File No.

Request, Disposition, and Date

1. Z101-391

On August 22, 2012, the City Council approved an IM District, subject to volunteered deed restrictions that provide for screening and setback regulations as well as prohibiting certain uses on a portion of the property.

Street

Designation; Existing & Proposed ROW

Newberry Street

Local; 40’-50’ ROW

STAFF ANALYSIS: Comprehensive Plan: The request site is located in an area considered an Industrial Area. These areas, which offer important employment opportunities, occupy large areas of land and usually are near major roads and heavy rail lines. Evolving technology and the need for freight movement through Dallas to the rest of the country and internationally means this sector can offer good opportunities for jobs. Logistics and warehousing, a growing industry with strong potential for upward mobility of skilled workers, would thrive in such areas. Examples include Southport and the Agile Port, parts of West Dallas along I-30, and the Stemmons industrial area. These areas include a mix of low- and medium-density industrial buildings and industrial yards and have large surface parking for cars and trucks. Industrial Areas rely on quality road access

2

Z123-164(RB) and may be linked to rail for freight purposes. Street lanes are wide and intersections are large. Transit, sidewalks and other pedestrian improvements are limited.

GOAL 1.2 Promote desired development.

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

Land Use Compatibility: The request site consists of multiple parcels and is partially developed with vacant industrial buildings with what appears as an outside storage area utilized by the previous tenant. The northern three-quarters of the site is zoned for MU3 District Uses, while the southern quarter is zoned an IR District. The applicant proposes to utilize the parcels for office, sand, gravel, or earth sales and service use, commercial motor vehicle parking, and outside storage without visual screening, all of which (excluding the office use) are not permitted by either of the existing zoning districts.

The site is generally surrounded by commercial/industrial uses (both inside and outside use classifications) and supporting administrative/office components in all directions. In addition to these uses, the recently approved zoning request (see Zoning History) that abuts the site’s southern property line is not utilized for a contractor’s maintenance yard, while the undeveloped land immediately north is being utilized to accommodate a significant amount of tree inventory.

This area of the city possesses a large percentage of industrial users that rely on convenient freeway accessibility (IH 35/IH 635/Loop 12) thus a significant amount of truck traffic is present in the area. The general area has somewhat smaller parcels, many of which utilize multi-tenant commercial buildings as well as smaller platted lots with single users. Additionally, some sensitivity should be considered for any zoning change in close proximity to the remaining single family uses located on properties south of the site’s southwest corner. With regard to these issues, the applicant has worked with staff to address many of these concerns, thus the attached deed restrictions have been volunteered to mitigate for much of this.

As a result of this analysis, staff supports the request, subject to the attached volunteered deed restrictions.

Landscaping: The site possesses small stands of trees predominately located along portions of the site’s southern perimeter. The applicant will be required to provide

3

Z123-164(RB) nonpermeable surface areas for existing maneuvering and parking areas, thus landscaping per Article X will be required.

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 significant impact on the surrounding street system.

Miscellaneous-Site Improvements: As noted above, the site is void of nonpermeable surface construction for all maneuvering and parking areas. Prior to issuance of a valid certificate of occupancy for three of the four uses currently operating on the property, paving of these areas must be completed, along with required landscaping.

CPC ACTION (June 6, 2013) Motion: It was moved to recommend approval of an IM Industrial Manufacturing District, subject to deed restrictions volunteered by the applicant.

Maker: Lavallaisaa Second: Rodgers Result: Carried: 12 to 0 For:

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

Area: For:

12 - Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Schwartz, Ridley, Alcantar 0 3 - Davis, Bernbaum, Wolfish 0

300â&#x20AC;&#x2122; 0

Mailed: 13 Against: 1

None

4

Z123-164(RB)

11517 Newberry LP - ( Metroplex Gunite LP)

Scott Quisling

President

Lee Roy Hess

Managing Partner

John Green

General Manager

Address: 11517 NEWBERRY ST Market Area: 0 Mapsco: 22-C (DALLAS)

%KEN GREEN & CO., CPA 6508 COLLEYVILLE BLVD STE 300

COLLEYVILLE, TEXAS 760348032

Owner Name~--! Ownership% ~-WO%

11517 NEWBERRY LP

5

Z123-164(RB) VOLUNTEERED DEED RESTRICTIONS

II. The Owner does hereby impress all of the Property with the following deed restrictions ("restrictions"), to wit: (1)

The following uses are prohibited: (A)

Industrial uses.

-- Industrial (outside) potentially incompatible.

-- Metal salvage facility.

-- Mining.

-- Outside salvage or reclamation.

(B)

Miscellaneous uses.

-- Hazardous waste management facility.

(C)

Retail and personal use services.

-- Drive-in theater.

(D)

Transportation uses.

-- Railroad yard, roundhouse, or shops.

(E)

Utility and public service uses.

-- Electrical generating plant.

-- Refuse transfer station.

-- Sanitary landfill.

-- Sewage treatment plant.

(F)

Wholesale, distribution, and storage uses.

-- Auto auction.

-- Livestock auction pens or sheds.

-- Outside storage (without visual screening).

6

Z123-164(RB)

(2)

Screening for any outside storage area for a permitted use must be provided as follows: (A)

Screening must be a minimum of six feet in height.

(B)

Screening must be either a solid fence or a building.

(C)

Screening is prohibited in a required visibility triangle.

(D)

Access to any portion of the property is permitted through the screening fence.

(E)

Materials or equipment stacked greater than six feet in height is prohibited within 15 feet of the required screening.

7

Z123-164(RB)

8

Z123-164(RB)

Undeveloped

Warehouse/distribution

Office, Commercial Industrial, Warehouse Vehicle repair

Single family

9

Industrial

Z123-164(RB)

1

10

CPC RESPONSES Z123-164(RB)

l

13

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Ill

LARSO

LN

10

x 11

12 3

10

x

3

7 3

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CINDYLN

Property Owners Notified (18 parcels) Repl ies in Favor (0 parcels) Replies in Opposition (2 parcels) Area of Notification Date

11

N

Z123-164

CPC

W+E s

1:2,400

Z123-164(RB) 6/6/2013

Reply List of Property Owners

Z123-164

13 Property Owners Notified Owners Opposed

0 Property Owners in Favor

Reply Label # Address

1 Property

Owner

1

11517

NEWBERRY ST

11517 NEWBERRY LP

2

11645

NEWBERRY ST

OCEAN BEACH PARTNERS LP

3

11509

NEWBERRY ST

11507 NEWBERRY LLC

4

2127

CROWN RD

LANKKENAU KIP & DEBRA

5

11506

NEWBERRY ST

BIGVAND MASTANEH

6

2211

CROWN RD

MARTINEZ ROLAND

7

2223

CROWN RD

STEVENS JACK FAMILY LIMITED PARTNERSHIP

8

2217

CROWN RD

STEVENS JACK G FAMILY LMT PARTNERSHIP

9

2101

CROWN RD

GATLIN DENTON

X

10

11518

NEWBERRY ST

CAVER FAMILY TRUST

11

2232

LARSON LN

LARSON INVESTMENTS INC

12

2224

LARSON LN

STEVENS JACK G FAMILY LIMITED PARTNERSHI

13

11550

NEWBERRY ST

12

PROLOGIS MACQUARIE TEXAS

AGENDA ITEM # 96 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 670-9195

MAPSCO:

45 H

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a new subarea within Planned Development District No. 298, the Bryan Area Special Purpose District and an ordinance granting a Specific Use Permit for a vehicle or engine repair or maintenance use on property within Subdistrict 1 of Planned Development District No. 298, the Bryan Area Special Purpose District on the south corner of Ross Avenue and Villars Street Recommendation of Staff: Denial Recommendation of CPC: Approval of a new subdistrict within Planned Development District No. 298, the Bryan Area Special Purpose District and approval of a Specific Use Permit for a vehicle or engine repair or maintenance use for a two-year period, subject to a site plan and conditions Z123-163(WE)

HONORABLE MAYOR AND CITY COUNCIL

WEDNESDAY, AUGUST 14, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER:

Z123-163(WE)

DATE FILED: December 24, 2012

LOCATION:

Ross Avenue and Villars Street, south corner

COUNCIL DISTRICT:

14

MAPSCO:

SIZE OF REQUEST:

Approx. 17,340 sq. ft.

CENSUS TRACT: 16.00

45-H

APPLICANT / OWNER:

Hinga Mbogo Dedan, Representative

REQUEST:

An application for a new subarea within Planned Development District No. 298, the Bryan Area Special Purpose District and a Specific Use Permit for a vehicle or engine repair or maintenance use on property within Subdistrict 1 of Planned Development District No. 298.

SUMMARY:

A compliance date for the subject property was set for April 2013. The property owner is requesting an amendment to Planned Development District No. 298 to create a new subarea within Subdistrict 1 to permit a vehicle or engine repair or maintenance use by Specific Use Permit for 10years with eligibility for one (1) automatic two-year renewal.

CPC RECOMMENDATION: Approval, of a new subdistrict within Planned Development District No. 298, the Bryan Area Special Purpose District and approval a Specific Use Permit for a vehicle or engine repair or maintenance use for a two-year period, subject to a site plan and conditions

STAFF RECOMMENDATION:

Denial

DESIGNATED ZONING CASE

1

Z123-163(WE)

BACKGROUND INFORMATION: •

The request for a new subarea and a Specific Use Permit for a vehicle or engine repair or maintenance use within Subarea 1 of Planned Development District No. 298 will allow for the applicant to continue operating a vehicle or engine repair or maintenance use. The applicant has been operating at this location for 27 years.

•

Planned Development District (PD) No. 298 (Subdistrict 1) includes a provision specifically related to nonconforming uses (Section 51P-298.108). Ordinance No. 25960 (established on April 27, 2005) states that all nonconforming uses must be brought to conformance no later than April 26, 2008, except those uses that became nonconforming as a result of City Council action on April 27, 2005, must be brought into conformance no later than April 26, 2010. The ordinance states that the owner of a nonconforming use in Subdistrict 1 may appeal to the Board of Adjustment for a later compliance date at any time up to the respective conformance date. As a result of the above referenced action, the applicant appealed to the Board of Adjustment and was approved for a compliance date of April 13, 2013.

•

On December 2012, the property owner filed a zoning change application to create a new subarea in PD No. 298 and a Specific Use Permit for vehicle or engine repair or maintenance.

•

On April 15, 2010, City Plan Commission authorized a public hearing for a property north of the request site, across Ross Avenue with consideration given to appropriate zoning for the area including use, development standards, and other appropriate regulations that would allow for a vehicle or engine repair use in addition to the existing permitted uses.

•

On November 10, 2010, the City Council approved a new subarea within Planned Development District No. 298 and approved a Specific Use Permit for a vehicle or engine repair use for a ten-year period with eligibility for an automatic renewal for one additional two-year period for the property north of the request site.

•

The property north of the request site (Subarea 1) has been recently purchased and is no longer in operation. The property is in the process of being redeveloped.

•

The subject site is adjacent to a nursery, garden shop, or plant sales use to the west, and several surface parking lots to the south and east, across Villars Street. The surface parking lots are owned by the Dallas Independent School District. Properties north of the site, across Ross Avenue, are an auto repair and auto-related use, and office use.

2

Z123-163(WE)

Zoning History: the area.

There have been several zoning and Board of Adjustment cases in

1. Z067-194

On May 17, 2007, the City Plan Commission denied, without prejudice, a Planned Development District for a Community service center, a Private recreation center, club, or area and MF-2(A) Multifamily District Uses on property zoned MF-2(A) Multifamily District on the west Line of Johnson Place, between Munger Avenue and Roseland Avenue.

2. Z078-131

On August 13, 2008, the City Council denied, without prejudice, the creation of a new subdistrict in PD No. 298, the Bryan Place Special Purpose District, and a SUP for vehicle or engine repair or maintenance on property zoned Subdistrict 1 within PD No. 298, the Bryan Place Special Purpose District (SPD), on the northeast corner of Ross Ave. and McCoy St.

3. BDA 090-060

On August 16, 2010, the Board of Adjustment Panel C set a compliance date of April 13, 2013, and that the ownerâ&#x20AC;&#x2122;s certificate of occupancy be revoked on April 13, 2013, for the nonconforming vehicle or engine repair or maintenance use currently operated on property located at 3516 Ross Ave (request site).

4. BDA 090-063

On October 20, 2010, the Board of Adjustment Panel B held the appeal under advisement until November 17, 2010, to consider a later conformance date for a nonconforming vehicle or engine repair or maintenance use on property located at 3400 Ross Ave. (expired on April 26, 2010).

5. Z090-192

On November 10, 2010, the City Council approved the creation of a new subdistrict within Planned Development District No. 298, the Bryan Place Special Purpose District and approved a Specific Use Permit for a vehicle or engine repair use for a ten-year period with eligibility for an automatic renewal for one additional two-year period on the northeast corner of Ross Avenue and McCoy.

Thoroughfares/Streets: Thoroughfare/Street

Ross Avenue Villar Street

Type

Collector Local

3

Existing ROW

Proposed ROW

80 ft.

40 ft.

80 ft.

40 ft.

Z123-163(WE)

Land Use:

Site Northeast Southeast Southwest Northwest

Zoning PDD No. 298 Subdistrict 1 PDD No. 298 Subdistrict 7 PDD No. 298 Subdistrict 7 PDD No. 298 Subdistrict 1 PDD No. 298 Subarea 1 w/SUP No. 1819

Land Use Vehicle or engine repair or maintenance DISD surface parking lot DISD surface parking lot Nursery, garden shop and plant sales Vehicle or engine repair or maintenance, Church

Comprehensive Plan: The requested land use does not comply with the following goals and policies of the Comprehensive Plan. Ross Avenue is an important gateway into East Dallas and the area is an extension of downtown. Further, the proposed subarea gives the property a land use that was determined detrimental to the Ross Avenue corridor, specifically counter to the planning effort of the Bryan Area Study of 2005. The site also has substandard sidewalk widths, which disrupts the pedestrian linkages the Bryan Area study envisioned.

The request to create a new subarea is contrary to the recommendations that set the compliance date. If it had been determined in the land use study that certain uses are acceptable and the land uses are appropriate under certain conditions, the change to PD No. 298 could have required a Specific Use Permit for auto-related uses instead of prohibiting them.

LAND USE ELEMENT GOAL 1.1 ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES Policy 1.1.3 Build a dynamic and expanded Downtown.

GOAL 1.2 PROMOTE DESIRED DEVELOPMENT Policy 1.2.2 Establish clear and objective standards for land use planning.

ECONOMIC ELEMENT GOAL 2.3 BUILD A DYNAMIC AND EXPANDED DOWNTOWN Policy 2.3.1 Restore Downtown Dallas as the economic and cultural heart of North Central Texas.

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TRANSPORTATION ELEMENT GOAL 4.2 PROMOTE A VARIETY OF TRANSPORTATION OPTIONS Policy 4.2.2 Promote a network of on-street and off street walking and biking paths.

GOAL 5.2 STRENGTHEN COMMUNITY AND NEIGHBORHOOD IDENTITY Policy 5.2.2 Promote the character of the cityâ&#x20AC;&#x2122;s significant districts, linkages and areas.

Policy 5.2.3 Ensure attractive gateways into the city.

NEIGHBORHOOD ELEMENT GOAL 7.1 PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS Policy 7.1.6 Follow a consistent neighborhood planning framework.

Area Plan: The Bryan Area Study of 1988 determined that a Planned Development District was appropriate to help organize and enhance the development potential in an area of East Dallas adjacent to and northeast of the Central Business District.

Beginning in March 2004, an evaluation study was conducted to determine if development was meeting the objectives of the Bryan Area Study and to make recommendations to adjust regulations that were falling short. The original study identified eight objectives: (1) promote urban character; (2) encourage residential development; (3) encourage redevelopment and commercial activity; (4) establish the Bryan Area as a regional health care complex of Dallas; (5) enhance the physical appearance and promote urban character within the Bryan Area; (6) reinforce the multicultural character of the Bryan Area; (7) focus commercial/retail redevelopment opportunities to the Village Center; and (8) establish linkages to regional activity centers.

Subsequent to that study, an evaluation study was conducted and found that objectives 3 and 7 were off track. Specifically, Ross Avenue was divided into a few subdistricts of differing regulations and the predominance of auto-related uses were identified as redevelopment inhibitors. The recommendations of the evaluation study identified changes to PD No. 298 to encourage the desired development for the Ross Avenue corridor, namely: (1) subdistricts 1, 2, and 3 were combined along Ross Avenue to encourage uniform regulations for this gateway corridor; (2) razor wire and barbed wired fencing was prohibited and desired fencing materials listed; and (3) compliance dates for nonconforming uses along Ross Avenue were determined necessary to achieve the desired urban scale development and improve opportunity to maximize development potential. Uses that became nonconforming on April 25, 2005, were issued a compliance date of April 26, 2010, and uses that were nonconforming prior to April 25, 5

Z123-163(WE)

2005, received a compliance date of April 26, 2008. The subject propertyâ&#x20AC;&#x2122;s compliance date was April 13, 2013.

The exemption of this property from the evaluation studyâ&#x20AC;&#x2122;s recommendation is inconsistent and contrary to the recommendations that were adopted by City Council in 2005 as well as recommendations from forwardDallas! Comprehensive Plan.

Redevelopment is occurring on Ross Avenue and this request could inhibit the desired urban character along this corridor.

Land Use Compatibility: The approximately 17,340 square foot site is zoned within Subdistrict 1 of Planned Development District No. 298, the Bryan Place Special Purpose District, and is currently developed with a vehicle or engine repair or maintenance use. The request for a new subarea within Planned Development District No. 298, and a Specific Use Permit for a vehicle or engine repair or maintenance use will allow the applicant to continue operating a vehicle or engine repair or maintenance use. The applicant has been operating at this location for 27 years.

In April 27, 2005, the City Council approved an ordinance that states that all nonconforming uses must be brought to conformance no later than April 26, 2008, except those uses that became nonconforming as a result of City Council action on April 27, 2005, must be brought into conformance no later than April 26, 2010. The ordinance also states that the owner of a nonconforming use in Subdistrict 1 may appeal to the Board of Adjustment for a later compliance date at any time up to the respective conformance date. As a result of the above referenced action, the applicant appealed to the Board of Adjustment and was approved for a compliance date of April 13, 2013.

The property owner is requesting a new subarea to allow the vehicle or engine repair or maintenance use by Specific Use Permit for a 10-year period with eligibility for one (1) automatic two-year renewal. In November 2010, the City Council approved a similar request from an adjacent property owner on the north side of Ross Avenue. There are no additional changes that are being proposed to the development standards and regulations in Subdistrict 1 as this time.

The attached site plan shows the total floor area for the existing vehicle or engine repair or maintenance use as 20,439 square feet with ingress and egress on Ross Avenue.

The location of the buildings does not meet the required front yard setbacks for Subdistrict 1. The PDD states that a minimum front yard setback of 5 feet and a maximum of 15 feet. The applicantâ&#x20AC;&#x2122;s building is setback approximately 16 feet from Ross Avenue.

Ross Avenue is a significant gateway from Downtown to East Dallas. PD No. 298 identifies the corridor as a pedestrian linkage street. The land use study calls for higher intensity and density uses on this important corridor. The scale of development recommended by the land use study is appropriate considering the proximity of Subdistrict 1 to the Central Business District. The forwardDallas! Comprehensive Plan, recommends (1) adopted land use plans to be followed and (2) more supports intensity 6

Z123-163(WE)

and density in appropriate areas. redevelopment.

Ross Avenue is currently experiencing

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. To approve this case could be a setback for Ross Avenue redevelopment, especially for the request for a possible 12year period.

The City Plan Commission recommended approval of the applicant’s request for a new subdistrict and approval of a Specific Use Permit for a vehicle or engine repair or maintenance use for a two year period, subject to a site plan and conditions.

Development Standards: DISTRICT

SETBACKS Front

Side/Rear

Density FAR

Height

Lot Coverage

Special Standards

Min. 0’/ Max. 0’

0’/5’

4.0 FAR

120’

90%

Proximity Slope

Office, lodging, residential, retail and personal service uses, vehicle or engine repair or maintenance use

Min. 5’/ Max. 15’

0’/5’

4.0 FAR

120’

90%

Proximity Slope

Office, lodging, residential, retail and personal service uses

Primary Uses

Proposed PD No. 298 Subdistrict 1B

Existing PD No. 298 Subdistrict 1

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.

7

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CPC Action (June 6, 2013) Motion: It was moved to recommend denial of a new subdistrict within Planned Development District No. 298, the Bryan Area Special Purpose District and a Specific Use Permit for a vehicle or engine repair or maintenance use on property within Subdistrict 1 of Planned Development District No. 298, the Bryan Area Special Purpose District on the south corner of Ross Avenue and Villars Street.

Maker: Ridley Second: Hinojosa Result: Failed: 3 to 9 For:

3-

Against:

Hinojosa, Ridley, Alcantar

9 - Wally, Anglin, Culbreath, Rodgers, Bagley, Lavallaisaa, Tarpley, Shellene, Schwartz 3 - Davis, Bernbaum, Wolfish 0

Absent: Vacancy:

Motion: It was moved to recommend approval of a new subdistrict within Planned Development District No. 298, the Bryan Area Special Purpose District and approval a Specific Use Permit for a vehicle or engine repair or maintenance use for a two-year period, subject to a site plan and conditions on property within Subdistrict 1 of Planned Development District No. 298, the Bryan Area Special Purpose District on the south corner of Ross Avenue and Villars Street.

Maker: Anglin Second: Schwartz Result: Carried: 10 to 2 For:

10 - Wally, Anglin, Culbreath, Rodgers, Bagley, Lavallaisaa, Tarpley, Shellene, Schwartz, Alcantar

Against: Absent: Vacancy: Notices: Replies:

Area: For:

2 - Hinojosa, Ridley 3 - Davis, Bernbaum, Wolfish 0 500 4

Mailed: 76 Against: 8

8

Z123-163(WE)

Speakers:

For: Hinga Mbogo, 3757 Casa Del Sol, Dallas, TX, 75228 Mitta Angell, 2507 Hillside Dr., Dallas, TX, 75214 Richard Tesauro, 3124 Trevolle Pl., Dallas, TX, 75204 Gerald Davis, 3815 Diamond Ave., Dallas, TX, 75215 Margaret Githire, 1309 Maple Ridge, Mesquite, TX, 75149 Angela Davis, 5903 ½, Reiger Ave., Dallas, TX, 75214 For (Did not speak): John Angell, 8642 Rolling Rock Ln., Dallas, TX, 75238 Against: Wayne Smith, 927 Liberty St., Dallas, TX, 75204 Eric Williamson, 3507 Bryan St., Dallas, TX, 75204 Gary Mitchell, 908 Pavillia St., Dallas, TX, 75202 Jim Rogers, 3208 Trevolle Pl., Dallas, TX, 75204 Zach Popkess, 3122 San Jacinto St., Dallas, TX, 75204 Against (Did not speak): Bobby Abtahi, 3311 San Jacinto St., Dallas, TX, 75204

9

Z123-163(WE)

Note: Due to the size of the PDD No. 298, the Bryan Area Special Purpose District, only certain pertinent Section from the PDD conditions are included.

CPC PROPOSED PDD CONDITIONS ARTICLE 298 PD 298.

SEC. 51P-298.104

CREATION OF SUBAREAS.

A map showing the boundaries of the 17 [16] subareas of the Bryan Area SPD is provided as Exhibit 298A.â&#x20AC;?

SEC. 51P-298.110.

MAXIMUM HEIGHTS.

Unless further restricted under Section 51P-298.107(b) and 51P-298.109, maximum structure heights for each subarea within the Bryan Area SPD are as follows: Subarea

Maximum Structure Height (in feet)

1, [and] 1A, and 1B 3 4 5 6 7 8 10 and 10A 11 and 11A 12 and 12 A 13 SEC.51P-298.112.

120 160 54 270 36-40 39 100 100 100 160 54

SETBACKS

The setbacks in each subarea within the Bryan Area SPD are as follows: (1)

Front yard.

(A) Except as provided in this paragraph, the minimum front yard setback is five feet in all subareas.

10

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(B) No minimum front yard setback is required in Subareas 1A and 1B for structures in existence on November 10, 2010.

(C) Except as provided in this paragraph, the maximum front yard setback is 15 feet in Subareas 1, 1A, 1B, 3, 4, 5, 8, 10, 10A, 12 and 13 in front yards fronting on Pedestrian Linkage Streets as shown on Exhibit 298C. (D) No maximum front yard setback is required in Subareas 1A and 1B for structures in existence on November 10, 2010. 25-foot front yard setback may be provided in Subareas 6 and 7.

(E)

Maximum front yard setback is 25-feet in Subareas 6 and 7.

(F)

No maximum front yard setback is required in Subareas 11A

and 12A. (2)

Side yard.

(A) Except as provided in this paragraph, no side yard setback is required in Subareas 1, 1A, 1B, 3, 4, 5, 7, 8,10,11,12, and 13; however, if a side yard setback is provided, it must be a minimum of 10 feet.

(B) No side yard setback is required in Subarea 6; however, if a side yard setback is provided, it must be a minimum of five feet.

(C)

No side yard setback is required in Subareas 10A, 11A, and

12A. (D) No side yard setback is required in Subareas 1A and 1B for structures in existence on November 10, 2010.

(3)

Rear yard. The minimum rear setback is five feet in all subareas.

SEC.51P-298.113.

MAXIMUM COVERAGE

Unless further restricted under Section 51P-298.107(b), maximum lot coverage in each subarea within the Bryan Area SPD is as follows: Subarea

Maximum Lot Coverage (percent)

1, [and] 1A, and 1B 3

90 70* 80*** 90

4

11

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5 6 7

90 80 70* 90** 70* 80*** 90 70* 80*** 90 90

8 10 and 10A 11 and 11A 12 and 12A 13

*Applies if less than one-half of the floor area of the structure is occupied by residential uses. **Applies if at least one-half of the floor area of the structure is occupied by residential use. ***Applies if at least 10 percent of the floor area of the structure is occupied by residential uses.

SEC.51P-298.116. (a) as follows:

FLOOR AREA RATIO AND FLOOR AREA.

Maximum floor area ratios in each subarea within the Bryan Area SPD are

Subarea

Maximum Floor Area Ratio

1, [and] 1A, and 1B 3 4 5 6 7

4:1 4:1 2:1 4:1 None 3:1* 2:1** 2.5:1 3:1 2.5:1 4:1 2:1

8 10 and 10A 11 and 11A 12 and 12A 13

*Applies if at least one-half of the floor area of the structure is occupied by residential uses. **Applies in all other cases.

(b)

The maximum total floor area permitted in Subarea 12A is 1,334,848 square feet

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LOWER ROSS

VILLAGE CTR

MX MED

MX HI

COMM COR MED

COMM COR HI

BRY PL RING

BRY PLACE

SUB DISTRICTS

Exhibit 298E

4.202

COMMERCIAL AND BUSINESS SERVICE USES

1

Building repair and maintenance shop

2

Bus or rail transit vehicle maintenance or storage facility

3

Catering service

4

Commercial cleaning or laundry plant

5

Custom business services

6

Custom woodworking, furniture construction, or repair

7

Electronics service center

8

Job or lithographic printing

9

Machine or welding shop

10

Machinery, heavy equipment, or truck sales and services

11

Medical or scientific laboratory

z z z z z z

12

Technical school

® ® ® ®

13

Tool or equipment rental

14

Vehicle or engine repair or maintenance

® L

®

z z z z z z z z

L

z z z z z z z z

L

z z

z z z z z z z z z z

z

®

z

13

® ®

(1A & 1B – S)

Z123-163(WE)

CPCs PROPOSED SUP CONDITIONS

USE: The only use authorized by this specific use permit is a vehicle or engine repair or maintenance use.

1.

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

3.

TIME LIMIT: This specific use permit expires on_____ (ten-year period from the passage of this ordinance), but is eligible for one automatic renewal for additional two-year period 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.

LANDSCAPING: Landscaping must be provided and maintained in accordance with the requirements of Article 298.

5.

FLOOR AREA: Maximum floor area is 4,282 square feet.

6.

HOUR OF OPERATION: The vehicle or engine repair or maintenance use may only operate between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 7:00 a.m. and 5:00 p.m. on Saturday.

7.

INGRESS â&#x20AC;&#x201C; EGRESS: Ingress and egress must be provided in the locations shown on the attached site plan. No other ingress or egress is permitted.

8.

PARKING: A minimum of 12 parking spaces must be provided.

9.

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

10.

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

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PROPOSED SITE PLAN

15

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EXISITING PD NO. 298 SUBAREA BOUNDARY MAP

Request site

16

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速

VICINITY MAP

1:6,000 17

Case no: _ _ Date:

Z _ 12_3_-_1_6_3__

4/18/2013

Z123-163(WE)

Vehicle or engine repair or maintenance use

Church

DISD

DISD Surface parking

DISD Surface parking

Nursery, garden shop and plant sales

18

Z123-163(WE)

1

2& 5

3

4

19

Z123-163(WE)

CPC RESPONSES

20

Z123-163(WE)

Notification List of Property Owners Z123-163 76 Property Owners Notified

4 Property Owners in Favor

Reply Label # Address

8 Property Owners Opposed

Owner

1

3512

ROSS AVE

MBOGO HINGA ET AL

2

3516

ROSS AVE

MBOGO HINGA ET AL

3

3316

SAN JACINTO ST

AZFER ADNAN

4

3404

SAN JACINTO ST

CHAPPELL CHRIS

5

1521

VILLARS ST

MAYFIELD ANTIE SHARIE

6

1517

VILLARS ST

FRIAS BERENISEC

7

3512

SAN JACINTO ST

PARISI JOSEPH

8

1517

VILLARS ST

FRIAS BERENISEE

9

3624

SAN JACINTO ST

Dallas ISD

10

3604

SAN JACINTO ST

MCMILLAN MORGAN

11

3600

SAN JACINTO ST

ELDORADO PROPERTIES INC

12

1516

VILLARS ST

RIVAS ANTONIO

13

3400

ROSS AVE

HERNANDEZ JULIO

O

14

3300

ROSS AVE

BARSHOP ROSE RESIDUARY TR

O

15

3310

ROSS AVE

BARSHOP ROSE RESIDUARY TR

16

3404

ROSS AVE

PARKS JAMES B JR

17

3410

ROSS AVE

DFW MLA OPPORUNITY FUND

X

18

1607

MCCOY ST

MACEDONIA BAPTIST CHURCH

X

19

3501

SAN JACINTO ST

MACEDONIA BAPTIST

O

20

3510

ROSS AVE

PARKS JAMES B JR

21

3603

ROSELAND AVE

PILGRIM REST VILLAGE

22

3521

ROSELAND AVE

PILGRIM REST BAPTIST

23

3505

ROSELAND AVE

LAMPO CATALINA LILLIAN ROSE & ETAL

24

3513

ROSELAND AVE

WOODARD JOHN O JR

25

3311

ROSS AVE

TOMAINO PPTIES LP

26

3405

ROSS AVE

WARLICK CHARLES MACON

X

21

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6/6/2013

Reply Label # Address

X

X X

Owner

27

1711

MCCOY ST

GIRMA ASKE

28

3415

ROSS AVE

R & F INVESTMENTS II LTD

29

1723

MCCOY ST

HOUSING AUTHORITY OF THE

30

3404

ROSELAND AVE

ROSE LIMITED PS

31

3402

ROSELAND AVE

KIM SOON

32

3400

ROSELAND AVE

WOODARD JOHN R JR

33

3603

ROSS AVE

PATRIOT BANK

34

3615

ROSS AVE

GRIFFITH RUSSELL F &

35

3501

ROSS AVE

WOODARD BILL

36

3516

ROSELAND AVE

WOODARD JOHN & ASSOC

37

3716

ROSELAND AVE

Dallas ISD

38

3716

ROSELAND AVE

DALLAS ISD

39

3402

SAN JACINTO ST

HO AN DINH & THUAN PHAM

40

1563

MCCOY ST

MAYO CHERYL L

41

1559

MCCOY ST

MONROE ALFRED FALL &

42

1555

MCCOY ST

MEDLEY ANTHONY R JR

43

1551

MCCOY ST

CALLISON LINDA B

44

1547

MCCOY ST

JOHNSTON ROBERT L

45

1543

MCCOY ST

SWINNEY BENJAMIN THOMAS & ALLISON NICOLE

46

1539

MCCOY ST

WAGNER BRENT A

47

3502

SAN JACINTO ST

FOSTER MONICA D

48

3506

SAN JACINTO ST

SMITH GREGORY

49

3510

SAN JACINTO ST

BARBER KEVIN MICHAEL

50

1540

MCCOY ST

CRAIG CHRISTOPHER R

51

1544

MCCOY ST

CHAPLOW ANASTACIA M &

52

1536

MCCOY ST

MACKIN RANDALL B

53

1532

MCCOY ST

SHEETS JANE & MANOLITO HERNANDO

54

1528

MCCOY ST

NGUYEN CHARLIE

55

1515

VILLARS ST

FLYNN EUGENE III

56

1520

MCCOY ST

MURPHY CHARLES & MICHELLE

57

1524

MCCOY ST

DORSEY MYRNA SUE

22

Z090-236 (WE)

6/6/2013

Reply Label # Address

O

X

X

Owner

58

1516

MCCOY ST

MOSER MICHAEL B

59

3311

SAN JACINTO ST

ABTAHI ROBERT

60

3315

SAN JACINTO ST

SINGER FLORIZA FLORES &

61

3319

SAN JACINTO ST

EVANS JENNIE M E

62

3323

SAN JACINTO ST

MAZZOLA RICHARD J &

63

3331

SAN JACINTO ST

HUGGHINS GAYLA J

64

3335

SAN JACINTO ST

KILLIAN AARON D

65

3339

SAN JACINTO ST

PURDY JUDY H

66

3343

SAN JACINTO ST

BARRON KENNETH L

67

3403

SAN JACINTO ST

MOORE TERRY L

68

3407

SAN JACINTO ST

WHITE NATHAN

69

3415

SAN JACINTO ST

SPETCH KURT

70

3419

SAN JACINTO ST

PFLEEGER DAVID JR

71

3423

SAN JACINTO ST

LEVITT MICHAEL E &

72

3427

SAN JACINTO ST

MACPHAIL ANDREW

73

3431

SAN JACINTO ST

LEVITT MICHAEL E & PATRICIA J

74

3327

SAN JACINTO ST

FRANCESCHETTI ALESSIO

75

3411

SAN JACINTO ST

URICH SEAN CARTER &

76

3606

ROSELAND AVE

PILGRIM REST BAPT CHURCH

23

AGENDA ITEM # 97 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 670-9195

MAPSCO:

44 G; H

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the expansion of Subdistrict 1 of Planned Development District No. 621, the Old Trinity and Design District Special Purpose District, on property zoned an IR Industrial Research District on the west side of Market Center Boulevard, north of Turtle Creek Boulevard Recommendation of Staff and CPC: Approval, subject to conditions Z123-204(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, AUGUST 14, 2013 ACM: Theresa O'Donnell

FILE NUMBER: Z123-204(MW)

DATE FILED: February 11, 2013

LOCATION: West side of Market Center Boulevard, north of Turtle Creek Boulevard COUNCIL DISTRICT: 6

MAPSCO: 44-G; H

SIZE OF REQUEST: ±5.9 acres

CENSUS TRACT: 100.00

REPRESENTATIVE:

Karl Crawley, Masterplan

APPLICANT/OWNER:

1931 Market Center Boulevard, LLC

REQUEST:

An application to expand Subdistrict 1 of Planned Development District No. 621, the Old Trinity and Design District Special Purpose District, on property zoned an IR Industrial Research District

SUMMARY:

The applicant intends to redevelop the site with ±400 multifamily units with the flexibility to allow for retail uses at street level.

CPC RECOMMENDATION:

Approval; subject to conditions

STAFF RECOMMENDATION:

Approval; subject to conditions

Designated Zoning Case

1

Z123-204(MW)

BACKGROUND INFORMATION:

•

The ±5.9-acre request site is developed with office showroom/warehouse uses.

•

The request site is surrounded by multifamily residential to the north, undeveloped land to the east and the Old Trinity River channel to the south and west.

Zoning History:

1.

Z112-291: On February 13, 2013, the City Council denied without prejudice a new subdistrict and a Specific Use Permit for an outside entertainment and recreation venue on property zoned Subdistrict 1A within Planned Development District No. 621.

2.

Z112-283: On October 10, 2012, the City Council approved a new subdistrict on property zoned a Subdistrict 1A within Planned Development District No. 621.

3.

Z067-296: On November 12, 2007, the City Council approved an expansion of Subdistrict 1 of Planned Development District No. 621, the Old Trinity and Design District Special Purpose District, on property zoned an IR Industrial Research District.

Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Market Center Boulevard

Principal arterial

100 feet

Turtle Creek Boulevard

Minor arterial

130 feet

Land Use: Zoning

Land Use

Site

IR

Office showroom/warehouse

North

PDD No. 621, Subdistrict 1

Multifamily

East

MU-3

Undeveloped

South

PDD No. 621, Subdistrict 1

Old Trinity River channel

West

PDD No. 621, Subdistrict 1

Old Trinity River channel

2

Z123-204(MW) STAFF ANALYSIS: Comprehensive Plan:

The Vision Illustration depicts the request site as within an Urban Mixed Use Building Block. This 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 autooriented land uses are typically located at the edges.

The request complies with the following land use 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.

GOAL 1.3

PROVIDE EQUITABLE OPPORTUNITIES FOR DALLAS RESIDENTS Policy 1.3.1 Create housing opportunities throughout Dallas

ECONOMIC ELEMENT

GOAL 2.1

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

GOAL 2.2

ENGAGE IN STRATEGIC ECONOMIC DEVELOPMENT Policy 2.2.1 Focus economic development efforts on revitalization of the Trinity River Corridor.

3

Z123-204(MW) 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 ±5.9-acre request site is developed with office showroom/warehouse uses. The applicant intends to redevelop the site with ±400 multifamily units with the flexibility to allow for retail uses at street level.

The request site is surrounded by multifamily residential to the north, undeveloped land to the east and the Old Trinity River channel to the south and west.

The applicant considers the project intended for the request site as phase two of the multifamily residential development adjacent to the north. In 2007, the zoning on the adjacent site was changed from an IR Industrial Research District to Subdistrict 1 of Planned Development District No. 621 (Z067-296). While historically industrial in nature, the general area is beginning to transition towards mixed use development. The applicant's request will allow the site to be redeveloped with a mixed use project consistent with the vision for this area.

Development Standards: DISTRICT

SETBACKS Side/Rear

Front

Density FAR

Height

Lot

Special

Coverage

Standards

Primary Uses

Existina IR Industrial research

15'

30' adjacent to residential OTHER: No Min.

2.0 FAR overall 0.75 office/ retail 0.5 retail

200' 15

Proximity

BOo/o

stories

Slope Visual

Intrusion

Industrial, wholesale distribution & storage, supporting office & retail

Proposed Height POD 621 Subdistrict 1

O'

O'

130'

4.0 FAR

100°/o

bonus, tower orientation &size

Retail, multifamily, industrial, warehouse

Traffic:

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

4

Z123-204(MW) Parking:

POD No. 621 requires a minimum of one-and-one-half space per dwelling unit for a multifamily use and one space per 275 square feet of floor area for a general merchandise or food store or personal service use.

Landscaping:

Landscaping will be required per Planned Development District No. 621.

Conditions:

If the applicant's request is approved, the conditions of Planned Development District No. 621 will apply to the request site. The POD does not require CPC approval of a development plan. The applicant does not propose any changes to the POD requirements; POD No 621 conditions are provided within this report for reference.

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Z123-204(MW) CPC Action: June 6, 2013: Motion: It was moved to recommend approval of an expansion of Subdistrict 1 of Planned Development District No. 621, the Old Trinity and Design District Special Purpose District, subject to conditions on property zoned an JR Industrial Research District on the west side of Market Center Boulevard, north of Turtle Creek Boulevard.

Maker: Second: Result:

Wally Shellene Carried: 12 to 0

For: 12 - Wally, Anglin, Culbreath, Rodgers, Hinojosa, Lavallaisaa, Tarpley, Shellene, Schwartz, Ridley, Alcantar Against: Absent: Vacancy:

0 3 - Davis, Bernbaum, Wolfish 0

Notices: Replies:

Area: For:

8

Speakers:

None

500

Mailed: Against:

6

40

1

Bagley,

Z123-204(MW) List of Partners/Principals/Officers: OWNER:

1931 Market Center Boulevard, LLC Nicholas Chapman, Partner Kristopher Kashata, Vice President and Partner

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Z123-204(MW) ARTICLE 621.

PD 621.

Old Trinity and Design District Special Purpose District SEC. 51P-621.101. LEGISLATIVE HISTORY.

PD 621 was established by Ordinance No. 25013, passed by the Dallas City Council on August 28, 2002.

SEC. 51P-621.102. PROPERTY LOCATION AND SIZE.

PD 621 is established on property generally bounded by Sylvan Avenue/Wycliff Avenue on the northwest, the meanders of the old channel of the Trinity River on the north, Interstate 35 on the east, Continental Avenue on the south, and the Trinity River Floodway on the west.

The size of PD 621 is approximately 415.13 acres.

SEC. 51P-621.102.1. CREATION OF SUBDISTRICTS.

(a) Name. This special purpose district is to be known as the Old Trinity and Design District Special Purpose District. (b) Creation of subdistricts.

(1) This special purpose district is divided into five subdistricts. Exhibit 621A describes the boundaries of each subdistrict. The map labeled Exhibit 6218 shows the boundaries of each subdistrict. In case of a conflict, the verbal description in Exhibit 621A controls over the map in Exhibit 6218.

(2) Subdistricts 1, 1A, 18, 1C, 1D are transit-oriented, mixed-use zoning districtยง for the development of combinations of medium-density residential, retail, and office uses.

Development should encourage residential, retail, office, and lodging uses in compatible combinations within walking distance of DART light-rail stations; conserve energy; provide for efficient traffic circulation; conserve land; minimize vehicular travel; encourage both day-time and night-time activity; encourage use of mass transit; increase pedestrian activity; and encourage bicycle usage. Subdistricts 1, 1A, 18, 1C and 1D retain the potential for limited industrial and warehouse uses.

(3) Subdistrict 2 is for MU-3 Mixed Use District uses, bus or rail transit vehicle maintenance or storage facility uses, and commercial bus station and terminal uses.

SEC. 51P-621.103. DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions in Chapter 51A apply to this article. The following definitions apply to this special purpose district: (1) ANTIQUE SHOP means an establishment for the retail sale of articles such as glass, china, furniture, or similar furnishings and decorations that have value and significance as a result of age, design, or sentiment.

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Z123-204(MW) (2) 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.

(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.

(3.1) BEER OR WINE MANUFACTURING means an enclosed facility that processes and manufactures alcoholic beverages. This use does not include the processing or manufacturing of distilled spirits.

(4) BUS OR RAIL TRANSIT VEHICLE MAINTENANCE OR STORAGE FACILITY means a facility for the maintenance, repair, or storage of bus, rail, or other transit vehicles, including the following accessory uses: sleeping facilities for bus, rail or transit vehicle drivers, vehicle paint and body shop, vehicle washing, vehicle fueling facilities, sanitary hoppers, oil storage, package express services, bus charter sales, offices, training facilities, vehicle storage, vehicle sales, and communication antennas.

(5) CANOPY TREE means a species of tree that normally bears crown foliage no lower than six feet above ground upon maturity.

(6) DUMPSTER means a movable container holding two cubic yards or more of garbage.

(7) FACADE means any separate face of a building that is visible from a street, alley, or railbed.

(8) MAJOR MODIFICATION means reconstruction, alteration, or renovation of an original building that exceeds 50 percent of the value of the original building assessed by the Dallas Central Appraisal District or any increase in the floor area of an original building if the expansion is over 50 percent for nonresidential projects, over 65 percent for mixed use projects, and over 75 percent for residential projects.

(9) MASSAGE ESTABLISHMENT means any building, room, place, or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician or chiropractor whether with or without the use of mechanical, therapeutic, or bathing devices, and includes Turkish bathhouses. This term does not include, however, duly licensed beauty parlors or barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operated only under such physician's direction. "MASSAGE" means any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but does not include massage by duly licensed physicians and chiropractors, and registered physical therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction, nor massage of the face practiced by beauty parlors or barbershops duly licensed under the penal code of the state.

(10) MEANDERS OF THE OLD TRINITY RIVER CHANNEL means the old Trinity River channel within this special purpose district, as shown on the map labelled Exhibit

621C.

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Z123-204(MW)

(11) MIXED USE PROJECT means a development, on a single building site, that contains more than one use.

(12) NEW CONSTRUCTION means construction of a main structure that is not an original building.

(13) OPENING means a door, window, passageway, or any other similar architectural feature through which light or solid objects may pass.

(14) ORIGINAL BUILDING means a structure existing on the date of the establishment of this special purpose district, but does not include a structure that has undergone a major modification.

(15) OUTSIDE SEATING means the area between an omitted wall line and the structural wall when the area is used solely for seating of patrons.

(16) PIERCING SALON means a facility in which body piercing is performed.

BODY PIERCING means the creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration.

(17) RAILBEDS means the areas shown on the map labeled Exhibit 621D. (18) TATTOO STUDIO means an establishment in which tattooing 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.

(19) WALKING DISTANCE means the distance from the nearest point of a parking lot to the nearest public entrance of a main use, measured along the most convenient pedestrian walkway. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51 A. (c) This special purpose district is considered lo be a mixed use zoning district. (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 [L] appearing after a listed use means that the use is permitted by right as a limited use only. (For more information regarding limited uses, see Section 51A4.218, "Limited Uses.")

(3) The symbol [SUP] appearing after a listed use means that the use is permitted by specific use permit only.

(4) The symbol [DIR] appearing after a listed use means that a site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803, "Site Plan

10

Z123-204(MW) Review." ("DIR" means "development impact review." For more information regarding development impact review generally, see Division 51A-4.800, "Development Impact Review.")

(5) The symbol [RAR] appearing after a listed use means that, if the use has a residential adjacency as defined in Section 51A-4.803, "Site Plan Review," 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, "Development Impact Review.")

SEC. 51P-621.103.1. EXHIBITS. The following exhibits are incorporated into this article: (1)

Exhibit 621A: property and subdistrict descriptions.

(2)

Exhibit 621 B: subdistrict map.

(3)

Exhibit 621 C: meanders of the Old Trinity River channel.

(4)

Exhibit 621 D: existing railbeds.

(5)

Exhibit 621 E: list of native plants.

(6)

Exhibit 621 F: the Old Trinity and Design District woonerf-living streets conceptual plan.

(7)

Exhibit 621 G: tower diagrams for Subdistrict 1A.

(8)

Exhibit 621 H: tower orientation.

SEC. 51P-621.104. CONCEPTUAL PLAN. There is no conceptual plan for this special purpose district.

SEC. 51P-621.105. DEVELOPMENT PLAN. (a) Except as otherwise provided in this article, 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) Development of the railbeds as woonerf, as described in Exhibit 621 F, is encouraged. The provisions of Exhibit 621 Fare not required.

SEC. 51P-621.106. MAIN USES PERMITTED. (a) Subdistricts 1, 1A, 1B, 1C and 1D. (1) Agricultural uses.

None permitted.

11

Z123-204(MW)

(2) Commercial and business service uses.

-- Building repair and maintenance shop. [RAR] -- Catering service.

-- Commercial cleaning or laundry plant. [SUP] -- Custom business services.

-- Custom woodworking, furniture construction, or repair.

-- Electronics service center.

-- Job or lithographic printing. [RAR] -- Labor hall. [SUP] -- Machine or welding shop. [RAR] -- Medical or scientific laboratory.

-- Technical school.

-- Tool or equipment rental.

(3) Industrial uses.

----building official.]

Beer or wine manufacturing. [Limited to Subdistrict 1C and 1D] Industrial (inside) for light manufacturing.

Industrial (inside). [RAR] Temporary concrete or asphalt batching plant. [By special authorization of the

(4) Institutional and community service uses.

-- Adult day care facility.

-- Child-care facility.

-- Church.

-- College, university, or seminary.

-- Community service center. [SUP] -- Convent or monastery.

-- Halfway house. [SUP] -- Hospital. [RAR] -- Library, art gallery, or museum.

-- Open-enrollment charter school. [SUP] -- Private school other than open-enrollment charter school. [SUP] -- Public school other than open-enrollment charter school. [SUP] (5) Lodging uses.

-- Hotel or motel. [RAR] -- Lodging or boarding house. [SUP] (6) Miscellaneous uses.

-- Carnival or circus (temporary).

[By special authorization of the building

official.]

-- Temporary construction or sales office.

(7) Office uses.

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Z123-204(MW) -- Financial institution without drive-in window.

-- Financial institution with drive-in window. [SUP, except with RAR only for lots adjacent to Oak Lawn Avenue, Market Center Boulevard, or Turtle Creek Boulevard.]

-- Medical clinic or ambulatory surgical center.

-- Office.

(8) Recreation uses.

-- Country club with private membership.

-- Private recreation center, club, or area.

-- Public park, playground, or golf course.

(9) Residential uses.

-- College dormitory, fraternity, or sorority house. [SUP] -- Duplex.

-- Group residential facility. [SUP required if the spacing component of Section 51A-4.209(3) is not met. Permitted in this subdistrict subject to the same requirements as if located in an MU-3 Mixed Use District.]

-- Handicapped group dwelling unit. [SUP required if the spacing component of Section 51A-4.209(3.1) is not met. Permitted in this subdistrict subject to the same requirements as if located in an MU-3 Mixed Use District.]

-- Multifamily.

-- Retirement housing. [SUP] -- Single family.

(10) Retail and personal service uses.

--------

Alcoholic beverage establishments. [SUP. See Section 51A-4.210(b)(4).]

Ambulance service. [RAR] Animal shelter or clinic without outside run. [RAR] Animal shelter or clinic with outside run. [SUP] Antique shop.

Art gallery.

Art or craft production facility. [Limited to 5,000 square feet or less of floor

area.]

-- Auto service center. [SUP] -- Billiard hall. [SUP] -- Bingo parlor. [SUP] + -- Business school.

-- Car wash. [SUP] -- Commercial amusement (inside}. [See Section 51A-4.210(b)(7). Except as otherwise provided, permitted in this subdistrict subject to the same requirements as if located in an MU-3 Mixed Use District. Class E dance halls, as defined in Chapter 14 of the Dallas City Code, are not permitted. Billiard hall by SUP only. Bingo parlor by SUP only.]

-- Commercial parking lot or garage.

-- Dry cleaning or laundry store.

-- Furniture store.

-- General merchandise or food store 3,500 square feet or less.

-- General merchandise or food store greater than 3,500 square feet.

-- Home improvement center, lumber, brick, or building materials sales yard.

-- Household equipment and appliance repair.

13

Z123-204(MW) -- Liquor store.

-- Massage establishment. [SUP] -- Mortuary, funeral home, or commercial wedding chapel.

-- Motor vehicle fueling station. [SUP] -- Nursery, garden shop, or plant sales.

-- Outside sales. [SUP] -- Personal service uses.

-- Piercing salon. [SUP] -- Restaurant without drive-in or drive-through service.

-- Restaurant with drive-in or drive-through service. [SUP] -- Swap or buy shop. [SUP] -- Taxidermist.

-- Tattoo studio. [SUP] -- Temporary retail use.

-- Theater. [Limited to 1,000 seats or fewer.]

-- Truck stop. [SUP] -- Vehicle display, sales, and service. [SUP] (11) Transportation uses.

-- Heliport. [SUP] -- Helistop. [SUP] -- Railroad passenger station. [SUP] -- Transit passenger shelter.

-- Transit passenger station or transfer center.

[By SUP or city council

resolution.]

(12) Utility and public service uses.

-- Electrical substation.

-- Local utilities.

-- Police or fire station.

-- Post office.

-- Radio, television, or microwave tower. [RAR] -- Tower/antenna for cellular communication.

-- Utility or government installation other than listed. [SUP] (13) Wholesale, distribution, and storage uses.

-- Auto auction. [SUP] -- Contractor's maintenance yard. [RAR] -- Mini-warehouse. [SUP, except with RAR only if all on-site circulation is internal to the structure.]

-- Office showroom/warehouse.

-- Recycling drop-off container.

[SUP required if the requirements of Subparagraph (E) of Section 51A-4.213(11.2) are not satisfied.]

-- Trade center.

-- Warehouse. (b) Subdistrict 2.

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Z123-204(MW) (1) Except as otherwise provided in this subsection, the uses permitted in this subdistrict are the same as those uses permitted in the MU-3 Mixed Use District, subject to the same conditions applicable in the MU-3 Mixed Use District, as set out in the Dallas Development Code, as amended. For example, a use permitted in the MU-3 Mixed Use District only by specific use permit (SUP) is permitted in this special purpose district only by SUP; a use subject to development impact review (DIR) in the MU-3 Mixed Use District is subject to DIR in this special purpose district; etc.

(2) The following use is permitted in this subdistrict subject to residential adjacency review: -- Bus or rail transit vehicle maintenance or storage facility. [RAR] (3) The following use is permitted in this subdistrict by specific use permit only: -- Commercial bus station and terminal. [SUP] SEC. 51P-621.107. 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, see Section 51A-4.217. (b) The following accessory uses are not permitted in Subdistricts 1, 1A, 1B, 1C and 1D. -- Accessory medical/infectious waste incinerator. â&#x20AC;˘â&#x20AC;˘ Accessory pathological waste incinerator.

-- Amateur communications tower.

-- Day home.

-- General waste incinerator.

-- Private stable. (c) Except as otherwise provided in this section, accessory uses in Subdistrict 2 must comply with the accessory use regulations applicable to the MU-3 Mixed Use District. (d) The following accessory uses are permitted by SUP only: -- Accessory outside storage. [SUP] -- Pedestrian skybridges. [SUP] SEC. 51P-621.108. CREATION OF A BUILDING SITE.

(a) The building official shall not issue a certificate of occupancy or a building permit until: (1) a building site has been established under Section 51A-4.601, "Creation of a Building Site"; or (2) the yard, lot, and space requirements of a lot or parcel can be determined from property lines described in deed records. (Ord. 25013)

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Z123-204(MW)

SEC. 51P-621.109. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. In the event of a conflict between this section and Division 51A-4.400, this section controls.) (a) Subdistricts 1, 1A, 1B, 1C and 1 D. (1) Front yard. No minimum front yard.

(2) Side and rear yard. No minimum side or rear yard.

(3) Density. No maximum density.

(4) Floor area.

(A) For Subdistricts 1, 1A, 1C and 1D, maximum floor area ratio is 4.0.

(B) For Subdistrict 1B, maximum floor area is 449,316 square feet.

(5) Height. Except as provided in this subsection, maximum height is: (A) 150 feet for buildings having an FAR for residential uses of 0.5 or more; and (B) 130 feet for all other buildings and structures.

(5.1) Height bonuses for Subdistricts 1A, 1B and 1D. One or more of the following height bonuses may be combined to achieve a maximum building height of 270 feet: (A) Tower size and orientation. Building height may be increased a maximum of 60 feet if (See Exhibit 621 G for Subdistrict 1A. See Exhibit 621 H for Subdistrict

18.): (i) in Subdistrict 1A and 1D. (aa) the portion of the building above 75 feet in height has a floor plate of 12,500 square feet or less; and (bb) the tower dimension perpendicular to the east Trinity River levee is at least three times longer than the tower dimension parallel to the east Trinity River levee (tower dimension is measured at the widest point of the building facade). (ii) in Subdistrict 1B: (aa) the portion of the building above 75 feet has a floor plate of 25,000 square feet or less; (bb) the tower is oriented as indicated on Exhibit 621 H; and

16

Z123-204(MW) (cc) the longer tower dimension is at least three times longer than the short tower dimension (tower dimension is measured at the widest point of the building facade).

(B) Street-level parking structure concealment. Building height may be increased a maximum of 36 feet if: (i) the building has street-level office showroom/warehouse, office, restaurant, or residential uses that conceal 100 percent of the street-level parking structure facade; and (ii) the street-level uses have a minimum depth of 30 feet measured from the building facade.

(C) LEED rating. (i) Building height may be increased a maximum of 12 feet if the building is eligible for silver, gold, or platinum designation under the United States Green Building Leadership in Energy and Environmental Design (LEED) rating system. (ii) Determination of eligibility. (aa) A United States Green Building Council's Leadership in Energy and Environmental Design (LEED) checklist, effective May 1, 2004, must be submitted with an application for a building permit for development, indicating how development will comply with a certified designation. The development plans submitted for a building permit must be certified by a LEED accredited professional designated by the department of development services. (bb) Before the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation. (cc) If the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council's LEED rating system. (dd) The checklist, certified development plans, and any supporting documents and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department of development services certifies that the building complies with the LEED certified designation.

(D) Pedestrian amenities. Building height may be increased a maximum of 12 feet ifthe building achieves 25 points under Paragraph 51P-621.113(c)(3).

(6) Building site coverage.

(A) Except as provided in this paragraph, maximum building site coverage is 100 percent.

17

Z123-204(MW) (B) For Subdistricts 1A and 1B, any portion of a building that is above 75 feet in height may not have a floor plate greater than 60 percent of the lot area or 25,000 square feet, whichever is less (See Exhibit 621 G for Subdistrict 1A. See Exhibit 621 H for Subdistrict 1B.).

(7) Building site size. No minimum building site size.

(8) Stories. No maximum number of stories. (b) Subdistrict 2.

(1) Except for a bus or rail transit vehicle maintenance or storage facility, the yard, lot, and space regulations applicable to the MU-3 Mixed Use District, as amended, apply to this subdistrict.

(2) The following yard, lot, and space regulations apply to bus or rail transit vehicle maintenance or storage facility uses: (A) Front yard. No minimum front yard.

(B) Side and rear yard. No minimum side or rear yard.

(C) Density. No maximum density.

(D) Floor area. Maximum floor area ratio (FAR) is 4.0.

(E) Height. Maximum structure height is 200 feet.

(F)

Building site coverage.

Maximum building site coverage is 100

percent.

(G) Building site size. No minimum building site size.

(H) Stories. No maximum number of stories.

SEC. 51P-621.110. OFF-STREET PARKING AND LOADING.

(a) General requirements applicable to all subdistricts.

(1) Except as otherwise provided in this section, off-street parking and loading must be provided in compliance with Division 51A-4.300, "Off-Street Parking and Loading Regulations." In the event of a conflict between this section and Division 51A-4.300, this section controls.

(2) If several uses are located on a single building site, the off-street parking requirement is the sum of the requirements for each use, and off-street parking spaces for one use may not be counted toward the off-street parking requirement of another use, except as otherwise provided in this section.

(3) If more than 10 off-street parking spaces are required, handicapped parking must be provided pursuant to Section 51A-4.305, "Handicapped Parking Regulations."

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Z123-204(MW) (b) Subdistricts 1, 1A, 18, 1C and 1D. (1) Except for the uses listed below, consult the use regulations in Division 51A4.200, "Use Regulations," for the specific off-street parking requirements for each use.

(A) Alcoholic beverage establishment. One space per 105 square feet of floor area. No parking is required for outside seating up to 10 percent of the total floor area of the alcoholic beverage establishment. Outside seating may not be converted to interior floor area unless the additional required parking is provided.

(B) Antique shop. One space per 600 square feet of floor area.

(C) Art gallery. One space per 600 square feet of floor area.

(D) Art or craft production facility. One space per 1,000 square feet of floor area.

(E) Beer or wine manufacturing. One space per 600 square feet of floor area.

(F) Dance hall. One space per 25 square feet of floor area.

(G) Duplex. (i) One space per dwelling unit with one or fewer bedrooms. (ii) Two spaces per dwelling unit with more than one bedroom. (iii) In Subdistrict 1B, parking may be gated or otherwise secured if Dallas Fire Code requirements are met.

(H) Furniture store. One space per 1,000 square feet of floor area.

(I) General merchandise or food store 3,500 square feet or less. One space per 275 square feet of floor area.

(J) General merchandise or food store greater than 3,500 square feet.

One space per 275 square feet of floor area.

(K) Multifamily. (i) One-and-one-half spaces per dwelling unit. (ii) In Subdistrict 1 B, parking may be gated or otherwise secured if Dallas Fire Code requirements are met.

(L) Office. One space per 358 square feet of floor area.

(M) Office showroom/warehouse. One space per 1, 100 square feet of floor area up to 20,000 square feet, and one space per 4, 100 square feet of floor area over 20,000 square feet.

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Z123-204(MW) (N) Personal service uses. One space per 275 square feet of floor area.

(0) Restaurant. One space per 105 square feet of floor area. No parking is required for outside seating up to 10 percent of the total floor area of the restaurant.

Outside seating may not be converted to interior floor area unless the additional required parking is provided.

(P) Single family. (i) One space per dwelling unit with one or fewer bedrooms. (ii) Two spaces per dwelling unit with more than one bedroom. (iii) In Subdistrict 1B, parking may be gated or otherwise secured if Dallas Fire Code requirements are met.

(2) Parking reductions.

(A) Bicycle parking.

The off-street parking requirement for nonresidential uses located within 600 feet of the centerpoint of the intersection of Slocum Street and Cole Street may be reduced by 10 percent if: (i) one five-bicycle parking stand for each 100 feet of street frontage is provided in the front yard of the building site; and (ii) a minimum 12-foot-wide pedestrian and bicycle path is provided to link the building site with a DART light rail station.

(B) Employment centers adjacent to shuttle or bus stops. The following uses may provide off-street parking as specified if the use is within 1,000 feet of a shuttle stop or bus stop that provides a direct link to the Victory rail transit station or the Market Center rail transit station and if the use has 75,000 or more square feet of floor area: (i)

Industrial (inside).

One space per 750 square feet of floor

area. (ii) Office. One space per 450 square feet of floor area.

(C) On-street parking. On-street parking spaces adjacent to a building site may be credited toward the off-street parking requirement of uses on the building site, even if the parking, backing, or maneuvering must be performed in the public right-of-way. On-street parking must be striped in accordance with standard city specifications. (i) Head-in parking. One head-in parking space may be credited for each nine feet of frontage of the building site. Angled head-in parking must be angled more than 60 degrees but less than 90 degrees to the curb. The closest point of any angled head-in parking space may not be located closer than 10 feet to any perpendicular (90 degree) head-in parking space. (ii) Parallel parking. One parallel parking space may be credited for each 22 feet of frontage of the building site.

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Z123-204(MW) (D) Special exception. The board of adjustment may grant a special exception of up to 50 percent of the required off-street parking upon the findings and considerations listed in Section 51A-4.311. The board of adjustment may impose conditions on the special exception.

(3) Delta theory.

(A) Except as otherwise provided in this paragraph, see Section 51A4.704(b)(4). In the event of a conflict between this paragraph and Section 51A-4.704(b)(4), this section controls.

(B) The right to carry forward nonconforming parking and loading spaces does not-terminate.

(4) Special parking.

(A) In general. Except as otherwise provided in this paragraph, see Division 51A-4.320, "Special Parking Regulations."

(B) Special parking allowed. Except as specifically modified in this section, required off-street parking may be special parking.

(C) Remote parking for nonresidential uses. (i) Required off-street parking for nonresidential uses may be remote parking. (ii) Remote parking for nonresidential uses must be located within 1,000 feet of the use served by the remote parking. The building official may extend the distance for remote parking to no more than 1,500 feet if a shuttle from the remote parking is provided. A license is required to authorize an extension of distance beyond 1,500 feet. (iii) Remote parking Jots must meet on-site parking landscape requirements. (iv) Parking located in a railbed may be used as remote parking.

(D) Shared parking. Except for residential uses in Subdistrict 1B, if more than one type of use is located on a building site, all uses on the building site must share parking. Table 1 must be used to calculate the required off-street parking spaces when parking is shared. The number of off-street parking spaces that must be provided for the development is the largest number of spaces required under any of the five time-of-day columns. For example, in the morning, a development with residential and office uses must provide 80 percent of the off-street parking that would normally be required for the residential uses and 100 percent of the off-street parking that would normally be required for the office uses.

Likewise, in the afternoon, that development must provide 60 percent of the off-street parking that would normally be required for the residential uses and 1DO percent of the off-street parking that would normally be required for the office uses. A similar calculation must be performed for each time of day. If the number of spaces required in the morning is greater than the number of spaces required during any other time of day, then the number of spaces required in the morning must be provided. Likewise, if the number of spaces required in the late

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Z123-204(MW) afternoon is greater than the number of spaces required during any other time of day, then the number of spaces required in the late afternoon must be provided.

Table 1: Shared Parking Table (For calculating the parking requirement for shared parking) %

Use Category Residential Office-related Retail-related Bar and Restaurant Warehouse/showroom All other

Morning 80 1DO 60 20 1OD 100

% Noon 60 80

% Afternoon 60 100

75

70

100

30 100 100

75 100

% Late Afternoon 70 85 65

30 65 100

% Evening 100 35 70

100 35 100

(5) Cash in lieu of required parking. A property owner may make a one-time cash payment to the Old Trinity and Design District Parking Fund in lieu of providing required parking for a use in an original building. The amount of the payment is calculated by using the following formula: National median cost per square foot x 350 x Dallas cost index x Number of required spaces not provided x .75 = Payment required where "national median cost per square foot" is the national median cost per square foot of a parking space in a parking garage. Both the "national median cost per square foot" and the "Dallas cost index" must be derived from the most recent issue of Building Construction Cost Data, published by the Robert Snow Means Company, Inc., of Kingston, Massachusetts, unless another comparable publication is designated by the director. The department shall administer a city account to be known as the Old Trinity and Design District Parking Fund. Funds from the Old Trinity and Design District Parking Fund must be used only for the acquisition or construction of parking garages or other parking improvements within Subdistricts 1, 1A, 1B, aflEI 1C. and 1D. The payment into the Old Trinity and Design District Parking Fund is due at the time of application for a building permit.

(6) Fees for required parking. Fees may be charged for use of required parking. (c) Subdistrict 2. The off-street parking requirement for a bus or rail transit vehicle maintenance or storage facility is one space per 1,500 square feet of floor area. For all other uses, consult the use regulations contained in Division 51A-4.200, "Use Regulations," for the specific off-street parking/loading requirements for each use.

SEC. 51P-621.111. ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VJ. SEC. 51P-621.112. LANDSCAPING.

(a) General requirements applicable to all subdistricts.

(1) Required tree species. All required trees must be from the following list of Texas native species:

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Z123-204(MW)

Scientific name Common name Aesculus glaba v. arguta Texas buckeye Aesculus pavia Red buckeye Bumelia lanuginosa Woolly-bucket bumelia Carya illinoinensis Pecan Carya texana Black hickory Cercis canadensis v. Canadensis Eastern redbud Diospyros virginiana Common persimmon llex decidua Deciduous holly Hex vomitoria Yaupon holly Juglans nigra Black walnut Juniperus virginiana Eastern red cedar Marus rubra Red mulberry Myrica cerifera Wax myrtle Prunus mexicana Mexican plum Quercus macrocarpa Bur oak Quercus marilandica Blackjack oak Quercus shumardii Shumard red oak Quercus stellata Post oak Quercus virginiana Live Oak Rhamnus caroliniana Carolina buckthorn Rhus copallina Flameleaf sumac Rhus virens Evergreen sumac Sapindus drummondii Western soapberry Sophora affinis Eve's necklace Taxodium distichum Bald cypress Ulmus americana American elm Ulmus crassifolia Cedar elm Viburnum rufidulum Rusty blackhaw viburnum Zanthoxylum clavaherculis Hercules' club (2) Prohibited trees.

(A) The following trees may not be planted within this special purpose district: Scientific name

Common name

Populus deltoides Cottonwood Albizia julbrissen Mimosa (B) Bradford pears (pyrus calleryana) may be planted as site trees.

Bradford pears may not be used as street trees, used as landscape buffer trees, or planted in the public right-of-way.

(3) Street trees.

(A) In Subdistricts 1, 1A, 1B, aflâ&#x201A;ŹI 1C. and 1D, one street tree must be provided per 25 feet of street frontage, with a minimum of one street tree per building site. In Subdistrict 2, one street tree must be provided per 50 feet of street frontage, with a minimum of one street tree per building site.

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Z123-204(MW)

(B) Street trees must be located on the building site within 50 feet of the projected street curb, except that street trees may be located in the public right-of-way if all private licensing requirements of the city code and charter are met and a right-of-way landscape permit is obtained from the city. For purposes of this subparagraph, "projected street curb" means the future location of the street curb consistent with the City of Dallas Thoroughfare Plan as determined by the director of public works and transportation.

(C) Street trees must be provided for all new construction.

(4) Landscaping in the public right-of-way.

(A) Landscaping may be located in the public right-of-way if a right-of-way landscape permit is obtained from the city.

(B) Plants in the public right-of-way may not obstruct visibility or create a traffic hazard. See Section 51A-4.602(d), "Visual Obstruction Regulations."

(C) The city council hereby grants a non-exclusive revocable license to the owners or tenants (with written consent of the owner) of all property within this special purpose district for the exclusive purpose of authorizing compliance with the landscaping requirements of this special purpose district. 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 right-of-way landscape permit in accordance with the Dallas Building Code. This private license will not terminate at the end of any specific time period; however, the city council reserves the right to terminate this license at will, by resolution passed by the city council, at any time such termination becomes necessary. The determination by the city council of the need for termination is final and binding. The city shall become entitled to possession of the licensed area without giving any notice and without the necessity of legal proceedings to obtain possession when, in its judgment, the purpose or use of the license is inconsistent with the public use of the right-of-way or when the purpose or use of the license is likely to become a nuisance or threat to public safety. Upon termination of the license by the city council, each owner or tenant shall remove all improvements and installations in the public rights-of-way to the satisfaction of the director of public works and transportation.

(D) A property owner or tenant is not required to comply with any right-ofway landscaping requirement to the extent that compliance is made impossible due to the city council's revocation of a right-of-way landscape permit or the revocation of the private license granted under this subsection.

(E) Upon the installation of landscaping in the public right-of-way, the owners or tenants 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

24

Z123-204(MW) damage against the city are hereby waived to the extent that they are covered by this liability insurance policy.

(F) Each owner or tenant is responsible for maintaining the landscaping in a healthy, growing condition, and for keeping the premises safe and in good condition and repair, at no expense to the city, and the city is absolutely exempt from any requirements to make repairs or maintain the landscaping. The granting of a license for landscaping under this subsection does not release the owner or tenant from liability for the installation or maintenance of trees and landscaping in the public right-of-way.

(5) Visual obstruction regulations. A property owner is not required to comply with the landscaping requirements of this section to the extent that compliance is made impossible by Subsection (d), "Visual Obstruction Regulations," of Section 51A-4.602, "Fence, Screening, and Visual Obstruction Regulations." (b) Subdistricts 1, 1A, 18, 1C_and 10.

(1) General requirement.

Except as otherwise provided in this section, landscaping must be provided as required by Article X. (2) Landscaping in railbeds.

(A) Any landscaping planted in the area to the centerline of a railbed may be used to satisfy required landscaping for the adjacent property. Landscaping planted in a railbed may not be located in an access easement.

(8) The requirements of Section 51A-10.125(b)(5), "Parking Lot Trees," do not apply to parking located within a railbed.

(3) Parking lot buffer. A five-foot-wide landscaped strip must be located along any edge of a parking lot or parking structure that is visible at grade level from a street. A minimum three inch-caliper tree must be located every 15 feet, or fraction thereof, or clustered every 30 feet within the landscaped strip.

(4) Plant requirements. Plants used to satisfy the landscape requirements must comply with the following requirements: (A) A large evergreen shrub must have the ability to grow to a minimum height of three feet within three years.

(8) Solid sod or hydro-mulch grass may be used.

(C) Artificial plant materials may not be used.

(D) Any required landscaping that dies must be replaced.

(5) Landscape plan. A landscape plan must accompany any application for a building permit to expand floor area if the expansion is over 50 percent for nonresidential projects, over 65 percent for mixed use projects, or over 75 percent for residential projects. A landscape plan must earn at least 50 points (out of a total of 155 possible points.) The points awarded for providing these features are provided in parentheses. Existing landscaping qualifies for points.

25

Z123-204(MW)

=

(A) Lighting. (Total possible points 20) Ten points each are awarded for providing tree lighting, light bollards, light poles, building facade lighting, or landscaped area lighting, up to a maximum of 20 points. The lighting provided must be at least 1.5 foot-candles in intensity over adjacent pedestrian areas.

(B) Landscaping on rooftops and facades. (Total possible points = 30) Ten points each are awarded for large planters, hanging planters, exterior embedded or extended planters, and vine supports on rooftops or along front facades up to a maximum of 30 points. Vines within ground-based planters must be able to extend above one-half the total height of the ground story of the main structure.

(C) Landscape buffer. (Total possible points = 25) The landscape buffer must be a minimum of 80 square feet. A mix of plant materials may be used.

(D) Tree canopy at the street frontage. (Total possible points = 20) Points may be obtained for planting canopy trees along the entire street frontage, exclusive of vehicular and pedestrian entrances and exits. The trees may be planted in the right-of-way if a right-of-way landscape permit is obtained. Ten points are awarded for planting these trees at a density of one tree per 30 linear feet of street frontage and 20 points are awarded for planting these trees at a density of one tree per 15 linear feet of street frontage. Note: Power lines may affect the types of trees used.

(E) Seasonal color landscaping. (Total possible points = 20) Points may be obtained for providing a landscape area for seasonal color in planting beds, raised planters, or pots. Five points are awarded for a landscape area that is equal to at least one-fourth of a square foot multiplied by the number of feet of street frontage. Ten points are awarded for a landscape area that is equal to at least one-half of a square foot multiplied by the number of feet of street frontage. Fifteen points are awarded for a landscape area that is equal to at least three-fourths of a square foot multiplied by the number of feet of street frontage. The plants in the landscape area must be changed at least twice per year with the appropriate seasonal color plants. This area must contain the appropriate seasonal landscaping at all times except when the landscaping is being changed at the beginning of a new season.

(F) Native plant landscaping. (Total possible points = 20) Points may be obtained for providing a landscape area containing native plants. Five points are awarded for a landscape area that is equal to at least one-fourth of a square foot multiplied by the number of feet of street frontage. Ten points are awarded for a landscape area that is equal to at least one-half of a square foot multiplied by the number of feet of street frontage. Fifteen points are awarded for a landscape area that is equal to at least three-fourths of a square foot multiplied by the number of feet of street frontage. Native plants listed in Exhibit 621 E must be used.

(G) Creation of open space. (Total possible points = 20) Five points are awarded per 200 square feet of open space if the open space is a minimum of 500 feet from the building site but within this special purpose district. For purposes of this subparagraph, "open space" means a space containing no structures or pavement at or above grade, and containing only grass or other vegetation. Open space must be available for use by the public.

The open space must be maintained in a state of good repair and neat appearance at all times by the owner of the property for which the building permit was issued.

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Z123-204(MW) (6) Open space fund. If a property owner in Subdistricts 1, 1A, 1B, [af\G] 1C, 1D and 1E cannot plant all of the required trees on the building site, the property owner shall comply with the following requirements for no more than 50 percent of the required trees: (A) Make a payment into the Old Trinity and Design District Open Space Fund. The department shall administer a city account to be known as the Old Trinity and Design District Open Space Fund. Funds from the Old Trinity and Design District Open Space Fund must be used only for acquiring and maintaining property for parks and open-space within this special purpose district. The amount of the payment required per tree not planted is calculated by using the formula for appraising the value of a two-inch-caliper tree, as derived from the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree and Landscape Appraisers, unless another publication is designated by the building official, and adding the cost of planting and maintaining a two-inch tree for two years.

(B) Plant trees within: (i) portals to the Trinity River (as identified in the Trinity River Corridor Comprehensive Land Use Plan) within this special purpose district, (ii) along that portion of the Old Trinity Trail within this special purpose district, or (iii) along the meanders of the Old Trinity River channel, as shown on Exhibit 621 C. (7) Parking/landscaping zone. Where there is at least a 70-foot space between buildings, a parking/landscaping zone meeting the following requirements is allowed in the space between the two buildings, but is not required. The composition of the parking/landscaping zone, moving from one building fa9ade across to the other building fa9ade, is as follows: (A) First, a minimum six-foot-wide sidewalk parallel to the fa9ade of the first building.

(B) Second, a parking area between six feet from the first building fa9ade to 16 feet from the first building fa9ade. This parking area must have angled head-in parking at an angle of 60 degrees to 90 degrees. A landscaped area containing one tree must be located between every fifth parking stall. Trees in the parking area must be spaced 46 to 50 feet on center, and must be 12 to 16 feet away from the first building fa9ade. One parking stall may be omitted to allow for a loading dock to remain functional.

(C) Third, a minimum of 26 feet of right-of-way for the two-way traffic in the middle.

(D) Fourth, a matching parking area from between 16 feet from the second building fa9ade to six feet from the second building fa9ade.

(E) Fifth, a matching six-foot-wide sidewalk parallel to the fa9ade of the second building. (c) Subdistrict 2. Except as otherwise provided in this section, all properties in Subdistrict 2 must comply with Article X.

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Z123-204(MW) SEC. 51P-621.113. ARCHITECTURAL DESIGN GUIDELINES.

(a) Purpose. The architectural design guidelines of this section are intended to preserve the historical, cultural, and architectural importance and significance of Subdistricts 1, 1A, 1B, 1C, and 1D. These architectural design guidelines are intended to encourage adaptive reuse of existing buildings; new contemporary and creative construction and major modifications that will enhance the architectural character of the district; and sustainable, green, energy efficient design and construction. (b) Facade requirements for new construction and major modifications in Subdistricts 1, 1A, 1B, 1C and 1D~ (1) Facades must be brick, concrete masonry, glass, hollow tile, stone, or other fireproof materials, except that wooden siding, wooden sheets, and metal may not be used on more than 50 percent of any facade.

(2) Facades consisting of more than 80 percent glass, excluding glass block, are prohibited.

(3) The maximum permitted reflectance of glass used as a facade material varies depending on where the glass is used. The reflectance of glass used on the first two stories may not exceed 15 percent. The reflectance of glass used above the first two stories may not exceed 27 percent. Reflectance is the percentage of available visible light energy reflected away from the exterior surface of the glass. The higher the percentage, the more visible light reflected and the more mirror-like the glass will appear. (c) Design test requirements in Subdistricts 1, 1A, 1B, 1C and 1D. New construction or a major modification must earn at least 50 points for properties with a floor area ratio of 2.0 or less, and at least 70 points for properties with floor area ratios greater than 2.0 (out of 205 possible points). The total possible points in any category are provided in parentheses.

(1) Maintenance of original facades. (Total possible points = 10) Ten points are awarded for the adaptive reuse of an original building if its original facade design elements are not altered.

(2) Ground floor uses, building facades, and roofs. (Total possible points = 20) Points may be earned as follows: (A) Retail and showroom uses. Ten points are awarded if a building's ground floor (excluding halls, restrooms, utility areas, and other public spaces) is allocated to retail and personal service uses or office showroom/warehouse uses.

(B) Restaurant uses. Ten points are awarded if a building's ground floor (excluding halls, restrooms, utility areas, and other public spaces) includes restaurant uses.

(C) Facade treatments. Ten points are awarded if the building's front facade is given texture and complexity by the inclusion of ground level entries more than 14 feet in height, porticos, indented entries, belt coursing or other horizontal banding, grid coursing, articulation of window openings, corner pilasters, rustication of the first floor, changes of color, or ornamental iron.

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Z123-204(MW) (3) Pedestrian amenities. (Total possible points = 25) Five points each are awarded for benches, trash receptacles, awnings/canopies, bicycle parking racks, and pedestrian street lamps. These items should be creative and contemporary. Pedestrian amenities must be located within the curb-to-building area of the building site, but, if a hardship prohibits locating these in the curb-to-building area of the building site, the amenities may be placed within the public right-of-way as long as they meet city standards and licensing requirements and do not block free movement of pedestrians. Pedestrian amenities must be maintained and operated by the owner of the building site. If there is more than one owner, all owners are jointly responsible for maintenance. Such amenities include: (A) Benches or exterior seating areas (maximum of one every 50 feet).

(B) Trash receptacles (maximum of five points).

(C) Awnings/canopies along the front facade.

(D) One five-bicycle stand per 100 feet of street frontage.

(E) At least one pedestrian street lamp (freestanding or wall mounted) per 50 feet of street frontage.

(4) Public art or water features. (Total possible points= 15) Fifteen points are awarded for public art or water features costing at least $2,500, limited to one per building site.

In order to qualify for public art points, the public art must be visible from a public right-of-way at all times. Examples of public art could include art in an atrium or lobby that is visible from a public right-of-way, art incorporated into the sidewalk or building facade, or freestanding art. For purposes of this paragraph, "water features" means: fountains, pools, mechanical water jets, or similar water devices.

(5) Paving material. (Total possible points = 15) Five points are awarded per one third increment of an outdoor private walkway area accessible to the public that is covered by decorative pavement. For purposes of this paragraph, "decorative pavement" means: colored concrete pavers; brick; stone; stamped, textured, or colored concrete; and exterior grade tile.

(6) Pedestrian orientation of building facade. (Total possible points = 20) Twenty points are awarded if a minimum of 25 percent of the front facade has transparent display windows or windows affording views into retail, office, or lobby space. The transparency requirement applies to the first 16 feet of height of the facade.

(7) Structured parking facilities. (Total possible points = 50) Fifty points are awarded for a structured parking facility if the design matches the facade of a new building or architecturally complements the facade of an original building.

(8) Energy conservation. (Total possible points = 15) Ten points are awarded for using solar, geothermal, or other non-petroleum, non-coal energy sources. Five points are awarded for planting twice the number of canopy trees required by Section 51 P-621.112, "Landscaping."

(9) Permeable surface. (Total possible points = 15) Five points are awarded each third of an outdoor walkway or driveway with a permeable surface.

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Z123-204(MW) (10) LEED's credit. (Total possible points= 20) Twenty points are awarded for a project with a floor area ratio of more than 2.0 when the project complies with the following: (A) A United States Green Building Council's Leadership in Energy and Environmental Design (LEED) Checklist, effective May 1, 2004, must be submitted with an application for a building permit for development, indicating how development will comply with a certified designation (26 to 32 project points). The development plans submitted for a building permit must be certified by a LEED accredited professional designated by the department of development services. Prior to the issuance of a building permit, the building official shall determine that the project is consistent with the standards and criteria for a LEED certified designation.

(B) If the developer is unable to achieve all of the green building rating system points identified on the checklist, the developer must replace any points not achieved with other green building rating system points acceptable under the United States Green Building Council's LEED rating system.

(C) All supporting documentation and templates related to the points previously approved by the city for the LEED certified level designation must be submitted with an application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED accredited professional designated by the department of development services certifies that the building complies with the LEED certified designation (26 to 32 project points). (d) Approval by development plan. The city plan commission may approve new construction or a major modification that does not meet the requirements of Subsections (b) and (c) of this section if the development plan and elevations show that the new construction or major modification is consistent with the spirit and intent of this section. (e) Fences and walls in Subdistricts 1, 1A, 1B, 1C and 1D. Fences and walls longer than 200 feet adjacent to any public street must be designed to prevent visual monotony through use of offsets, changes of materials and textures, gates or openings, or landscaping.

SEC. 51P-621.114. SITE DESIGN REQUIREMENTS.

(a) Above-grade off-street parking. Parking is permitted on any level of a building. (b) Median and curb cuts along Industrial Boulevard. Median and curb cuts to access railbeds for off-street parking from Industrial Boulevard, between Continental Avenue and Sylvan/Wycliff Avenue, must be approved by the director of public works and transportation.

Traffic must be one-way from Industrial Boulevard westbound to Levee Street. (c) Sidewalk standards for new construction. ( 1) In general.

(A) Sidewalks complying with the standards of this subsection must be provided for all new construction.

(B) If a sidewalk is to be located in a front yard, a sidewalk easement must be dedicated to the city to assure its availability to the public for pedestrian access.

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Z123-204(MW) (C) Except as otherwise provided in this subsection, the requirements of Chapter 43, "Streets and Sidewalks," apply to all sidewalks.

(2) Location.

(A) Sidewalks must be located along the entire length of the street frontage.

(B) On state highways, sidewalks must be provided in the parkway, subject to Texas Department of Transportation approval. If Texas Department of Transportation approval cannot be obtained, the property is exempt from this requirement.

(C) Sidewalks must be located between five feet and 10 feet from the back of the projected street curb, except that sidewalks on Oak Lawn Avenue, Irving Boulevard, Market Center Boulevard, and Turtle Creek Boulevard must be located between five feet and 12 feet from the back of the projected street curb. Sidewalks may be located farther from the projected street curb to the extent necessary to preserve existing trees or structures or to comply with landscaping requirements.

(3) Width.

(A) Sidewalk widths must match the width of existing sidewalks in front of adjacent properties at the point of convergence. Where there are different sidewalk widths on each side of the street frontage, the new sidewalk must taper or expand to meet the incongruous sidewalks.

(B) Sidewalks must have an unobstructed minimum width of four feet, except that sidewalks on Oak Lawn Avenue, Irving Boulevard, Market Center Boulevard, and Turtle Creek Boulevard must have an unobstructed minimum width of six feet. For purposes of this provision, "unobstructed" means by structures or landscaping, excluding utility poles and service boxes. (d) License to allow compliance with ADA requirements.

(1) If there is no other way to install ramps required by the Americans with Disabilities Act or similar state laws other than to install the ramps in the public right-of-way, the city council hereby grants a non-exclusive revocable license to the owners or tenants (with written consent of the owner) of all property within this special purpose district for the exclusive purpose of authorizing compliance with the Americans with Disabilities Act or similar state laws.

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 building permit in accordance with the Dallas Building Code.

This private license will not terminate at the end of any specific time period; however, the city council reserves the right to terminate this license at will, by resolution passed by the city council, at any time such termination becomes necessary. The determination by the city council of the need for termination is final and binding. The city shall become entitled to possession of the licensed area without giving any notice and without the necessity of legal proceedings to obtain possession when, in its judgment, the purpose or use of the license is inconsistent with the public use of the right-of-way or when the purpose or use of the license is likely to become a nuisance or threat to public safety. Upon termination of the license by the city council, each owner or tenant shall remove all improvements and installations in the public rights-of-way to the satisfaction of the director of public works and transportation.

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Z123-204(MW) (2) Upon the installation of ramp in the public right-of-way, the owners or tenants 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.

(3) Each owner or tenant is responsible for maintaining any ramps in good condition and repair, at no expense to the city, and the city is absolutely exempt from any requirements to make repairs or maintain any ramps. The granting of a license for ramps under this subsection does not release the owner or tenant from liability for the installation or maintenance of ramps in the public right-of-way. (e) Exemption for Subdistrict 2. The site design requirements of this section do not apply to a bus or rail transit vehicle maintenance or storage facility use in Subdistrict 2.

SEC. 51P-621.115. SCREENING REGULATIONS.

(a) Parking lot screening.

(1) Except as otherwise provided in this section, Section 51 A-4.301 (f), "Screening Provisions for Off-Street Parking,:路 applies to all parking lots and parking structures.

(2) Fences may complement but not substitute for parking lot trees and shrubbery screening.

(3) The prov1s1on of screening for surface parking only applies to new construction. All surface parking must be screened from a street or access easement 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: (A) Earthen berm planted with turf grass or groundcover 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 per three feet of width.

(B) A fence constructed of one or more of the following: brick, stone, concrete masonry, stucco, concrete, wood, or other durable material. Wrought iron fences are allowed.

(C) Hedge-like evergreen plant materials recommended for local area use by the city arborist. 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 36 inches on center over the entire length of the bed unless a landscape architect recommends an alternative planting

32

Z123-204(MW) density that the building official determines is capable of providing a solid appearance within three years. (b) Screening of off-street loading spaces, dumpsters, and garbage storage areas.

(1) Except as otherwise provided in this subsection, screening of off-street loading spaces, dumpsters, and garbage storage areas must be provided in compliance with Section 51A-4.602, "Fence, Screening, and Visual Obstruction Regulations."

(2) All off-street loading spaces, dumpsters, and garbage storage areas must be screened from all public streets adjacent to the building site. Screening is not required on sides that are not visible from a public street.

(3) Screening of all off-street loading spaces, dumpsters, and garbage storage areas must be at least six feet in height.

(4) Screening is not required in the railbeds. (c) Outdoor storage areas. Except for vehicle display, sales, and service uses and nursery, garden shop, and plant sales uses, all outdoor storage areas for commercial and business services uses and industrial uses must be entirely screened by an eight-foot solid screening fence, vegetative materials, or other alternative deemed appropriate by the building official. (d} Exemption for Subdistrict 2. The screening regulations of this section do not apply to a bus or rail transit vehicle maintenance or storage facility use in Subdistrict 2.

SEC. 51P-621.116. SIGNS.

(a) Except as otherwise provided in this section, signs must comply with the provisions for business zoning districts in Article VII. (b) In Subdistrict 2, detached premise signs existing on the date of establishment of this special purpose district may remain, provided the sign and sign supports are maintained in a state of good repair and neat appearance at all times. See Section 51A-7.210, "General Maintenance." (c) Projecting attached premise signs for retail and personal service uses are allowed, provided they do not project more than five feet from the building fac;:ade and are between nine and 15 feet above the sidewalk. For purposes of this provision, a "projecting attached premise sign" means an attached premise sign projecting more than 12 inches from a building at an angle other than parallel to the fac;:ade.

SEC. 51P-621.117. ADDITIONAL PROVISIONS.

(a) The entire Property and any improvements in the public right-of-way must be properly maintained in a slate of good repair and neat appearance. The city may remove any improvements in the public right-of-way that are not maintained in a state of good repair and neat appearance al the sole expense of the property owner, and may use any available legal remedy to recover the cost of removal from the property owner. (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.

33

Z123-204(MW) SEC. 51P-621.118. COMPLIANCE WITH CONDITIONS.

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

34

Z123-204(MW)

速

VICINITY MAP

Z_1_2_3_-_2_0_4__

Case no: _ _

3/7/2013

Date:--------

1:7,200

35

Z123-204(MW)

速 1:4,800

ZONING AND LAND USE

36

Case no:

Z123-204 3/7/2013

Date: - - - - - - - - - - -

Z123-204(MW)

速

ZONING HISTORY

Z123-204 Caseno: ~--==:..:.::.=--=-"----~ 3/7/2013

Date: - - - - - - - - - -

1:4,800

37

Z123-204(MW) CPC Responses

I

L ------ - - - - - ------

23

--~--Property

Owners Notified (54 parcels) Replies in Favor (12 parcels) _ _ _1_ _ Replies in Opposition {I parcels)

--~8_ _

500 1 6/6/2013

-~~--

Area of Notification Date 5/16/2013 Under Advisement

38

Z123-204 CPC

1:3,600

Z123-204(MW) 61612013

Reply List of Property Owners Z123-204 40 Property Owners Notified

8 Property Owners in Favor

Reply Label # Address 0

1

1955

1 Property Owners Opposed

Owner MARKET CENTER BLVD

BROADSTONE MARKET CENTER OWNER LP

2

1931

MARKET CENTER BLVD

BOWNE OF DALLAS INC

3

1900

MARKET CENTER BLVD

MELNICLTD

4

1401

TURTLE CREEK BLVD

5

1405

TURTLE CREEK BLVD LUI2 DALLAS OAK LAWN V LP

6

1935

HI LINE DR

7

1810

MARKET CENTER BLVD

8

1330

TURTLE CREEK BLVD

NICENE PROPERTIES LLC

9

1551

OAK LAWN AVE

FUND DESIGN DISTRICT LLC

10

1838

IRVING BLVD

RED BARN HOLDINGS LP

11

1212

TURTLE CREEK BLVD TEXAS SECURITY BANK

12

1901

IRVING BLVD

1937 IRVING LLC

13

1901

IRVING BLVD

URBAN PROFESSIONALS GROUP LLC

14

2014

IRVING BLVD

TONANIIINC

15

2026

IRVING BLVD

PROCACCINI VICENT ANTHONY

16

2030

IRVING BLVD

CHAMBERS THOMAS W &

17

2034

IRVING BLVD

LANE BRUCE R JR

0

18

2021

FARRINGTON ST

FARRINGTON STREET LP

0

19

2009

FARRINGTON ST

FLOREZ DONALD R &

20

2005

FARRINGTON ST

FARRINGTON PROPERTIES LLC

21

2006

FARRINGTON ST

ESOR GROUP PARTNERS LTD

22

2012

FARRINGTON ST

EMERALD DENTON PPTIES LTD

23

1350

MANUFACTURING ST TTMC LIMITED

0

24

1900

IRVING BLVD

0

25

1201

TURTLE CREEK BLVD MOKS LLC

26

2015

MARKET CENTER BLVD

0

AZOFF IRVING CO TR

FEIZY PROPERTIES INC ITZIG JERRY M &

MOKSINC

39

MARKET CENTER LODGING LP

Z123-204(MW) 61612013

Reply Label# Address

Owner

27

1944

MARKET CENTER BLVD

CHARALAMBOPOULOSFAYE

28

1950

MARKET CENTER BLVD

CHARALAMBOPOULOSFAY

29

2026

MARKET CENTER BLVD

KALAN INC

x

30

2006

MARKET CENTER BLVD

SHENDELMAN CHUNG

0

31

1926

MARKET CENTER BLVD

MARKETCENTERBLVDLLC

32

2014

MARKET CENTER BLVD

DUKE DANIEL J & CHRISTINA

33

2010

MARKET CENTER BLVD

CHANDIRAMANI NARAIN ETAL

34

1300

TURTLE CREEK BLVD AZOFF IRVING CO TR

35

1825

MARKET CENTER BLVD

36

2001

IRVING BLVD

BRADEN EUGENE N

37

2011

IRVING BLVD

USA TRINITY PPTIES INC

38

1200

MANUFACTURING ST JLC X PROPERTY FUND LTD

39

1200

MANUFACTURING ST CHAMBERS MARGARET &

40

1300

PACE ST

0

1825 MARKET CENTER LP

JONES LAKE CO NO 7

40

AGENDA ITEM # 98 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

6

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 670-9195

MAPSCO:

12 Y

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an LI Light Industrial District on property zoned an MU-3 Mixed Use District on the northwest corner of LBJ Freeway and Stemmons Freeway Recommendation of Staff and CPC: Approval Z123-245(MW)

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, AUGUST 14, 2013 ACM: Theresa O’Donnell

FILE NUMBER: Z123-245(MW)

DATE FILED: April 5, 2013

LOCATION: Northwest corner of LBJ Freeway and Stemmons Freeway COUNCIL DISTRICT: 6

MAPSCO: 12-Y

SIZE OF REQUEST: ±80.47 acres

CENSUS TRACT: 140.02

APPLICANT/REPRESENTATIVE:

George Billingsley

OWNER:

The Residences of Austin Ranch No. 1, LTD.

REQUEST:

An application for an LI Light Industrial District on property zoned an MU-3 Mixed Use District.

SUMMARY:

The applicant intends to develop the request site, in conjunction with the adjacent ±50 acres of land located within the City of Farmer’s Branch, with inside industrial, office and retail uses.

CPC RECOMMENDATION:

Approval

STAFF RECOMMENDATION:

Approval

Designated Zoning Case 1

Z123-245(MW) BACKGROUND INFORMATION: •

With the exception of a vacant golf facility, the ±80-acre request site is undeveloped.

•

The request site is surrounded by undeveloped land to the north; Stemmons Freeway right-of-way to the east; LBJ Freeway right-of-way to the south and undeveloped land to the west.

Zoning History: 1.

Z089-272: On December 9, 2009, the City Council approved an IR Industrial Research District on property zoned an MU-3 Mixed Use District.

Thoroughfares/Streets: Thoroughfares/Streets

Type

Existing ROW

LBJ Freeway

Interstate Highway

Varies

Stemmons Freeway

Interstate Highway

Varies

Land Use: Zoning

Land Use

Site

MU-3

Undeveloped; vacant building

North

Farmer’s Branch

Undeveloped

East

MU-3; IR; MU-2 (SAH)

Stemmons Freeway right-of-way

South

MU-3; IR

LBJ Freeway right-of-way

West

Farmer’s Branch

Undeveloped

STAFF ANALYSIS: Comprehensive Plan: According to the forwardDallas! Vision Illustration, adopted June 2006, the subject site is identified as being within a Business Center or Corridor Building Block.

This Building Block represents major employment or shopping destinations outside of Downtown. Examples include the Galleria area, the North Park Center area, Southwest Center Mall area at I-20 and US Hwy 67 and the Stemmons Corridor. Business Centers are usually at major intersections or along Highways or major arterials and rely heavily

2

Z123-245(MW) 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.

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: With the exception of a vacant golf facility, the ±80-acre request site is undeveloped.

The applicant intends to develop the request site, in conjunction with the adjacent ±50 acres located within the City of Farmer’s Branch, with inside industrial, office and retail uses in an industrial park setting. Industrial uses will include industrial (inside) for light manufacturing.

The request site is surrounded by undeveloped land to the north; Stemmons Freeway right-of-way to the east; LBJ Freeway right-of-way to the south and undeveloped land to the west.

Development Standards: District

Front

Setbacks Side/Rear

Density FAR 3.2 FAR base 4.0 FAR maximum + bonus for residential

Existing: MU-3 Mixed Use

15’

20’ adjacent to residential OTHER: No Min.

Proposed: LI Light Industrial

15’

30’ adjacent to 1.0 FAR overall residential OTHER: 0.75 office/ retail No Min. 0.5 retail

Height

Lot Coverage

270’ 20 stories

80%

70’ 5 stories

80%

Special Primary Uses Standards Proximity Office, retail & Slope personal service, U-form lodging, residential, setback trade center Tower spacing Vi l Industrial, wholesale Proximity distribution & Slope Visual storage, supporting Intrusion office & retail

Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Construction and Development has reviewed the requested amendment and

3

Z123-245(MW) determined that it will not significantly impact the surrounding roadway system.

Parking: Parking must be provided in accordance with ยง51A -4.200 of the Dallas Development code.

Landscaping: Landscaping must be provided in accordance to Article X of the Dallas Development Code.

4

Z123-245(MW) Council Action: June 20, 2013: Motion: It was moved to recommend approval of an LI Light Industrial District on property zoned an MU-3 Mixed Use District on the northwest corner of LBJ Freeway and Stemmons Freeway.

Maker: Second: Result:

Shellene Hinojosa Carried: 13 to 0

For: 13 - Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Wolfish, Ridley, Alcantar Against: Absent: Vacancy:

0 2 - Bernbaum, Schwartz 0

Notices: Replies:

Area: For:

500 1

Speakers:

None

Mailed: Against:

5

17 0

Z123-245(MW) Partners/Principals/Officers: The Residences of Austin Ranch No. 1, LTD. 24BCO, Inc, its General Partner Lucy Paige Billingsley Trust II George Harlan Billingsley Trust II Anne Sumner Billingsley Trust II The 1993 George Harlan Billingsley Inv Trust Billingsley Berkshire, Ltd. Officers (General Partner) Lucy Billingsley, President/Treasurer Kenneth D. Mabry, SVP/Secretary Kimberly H. Meyer, SVP

6

Z123-245(MW)

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Case no:

Z123-245 6/5/2013

Date: - - - - - - - - - - -

1:10,800

7

Z123-245(MW)

Undeveloped

Undeveloped Undeveloped

Undeveloped

ROW

ROW ROW Industrial

8

Z123-245(MW)

1

9

Z123-245(MW) CPC Responses

10

Z123-245(MW) 6/19/2013

Reply List of Property Owners Z123-245 17 Property Owners Notified Owners Opposed

1 Property Owners in Favor

Reply Label # Address

O

0 Property

Owner

1

12101

STEMMONS FWY

ARMED FORCES BANK NA

2

11901

HARRY HINES BLVD

TEXAS UTILITIES ELEC CO

3

12121

STEMMONS FWY

ARMED FORCES BANK NA

4

12023

STEMMONS FWY

MINIVEST INC ET AL

5

11645

NEWBERRY ST

OCEAN BEACH PARTNERS LP

6

12120

HARRY HINES BLVD

PS TEXAS HOLDINGS LTD

7

12124

HARRY HINES BLVD

BLAIR JEAN R TR ET AL

8

12130

HARRY HINES BLVD

12130 HARRY HINES LLC

9

12000

HARRY HINES BLVD

GOLDFARB M B & ABRAHAM

10

2125

LBJ FWY

MOSER DEV CORP

11

11821

NICHOLSON RD

TRANSCONTINENTAL LAMAR INC

12

2250

LBJ FWY

PLDAB LLC

13

11625

COLUMBIA CENTER DR

14

2310

LU FIELD RD

SECURITY CAPITAL IND TR

15

1999

LBJ FWY

GRAHAM MORTGAGE CORPORATION

16

12800

NICHOLSON RD

VALWOOD IMPT AUTHORITY

17

2300

WESTSIDE PKWY

ARMED FORCES BANK N A

11

PACGWL LLC

AGENDA ITEM # 99 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa Oâ&#x20AC;&#x2122;Donnell, 670-9195

MAPSCO:

N/A

SUBJECT A public hearing to receive comments regarding consideration of amendments to the Dallas Development Code, Chapters 51 and 51A of the Dallas City Code (1) establishing bicycle parking standards, (2) amending the parking requirements for ground-floor retail and personal service uses in the CA-1(A) Central Area District, and (3) establishing regulations for mechanized parking systems and an ordinance granting the amendments Recommendation of Staff and CPC: Approval DCA112-002

HONORABLE MAYOR & CITY COUNCIL

FILE NUMBER: DCA 112-002

WEDNESDAY, AUGUST 14, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell DATE INITIATED: May 3, 2012

TOPIC: Miscellaneous Parking Provisions CITY COUNCIL DISTRICTS: All

CENSUS TRACTS: All

PROPOSAL: Consideration of amending the Dallas Development Code, Chapters 51 and 51A of the Dallas City Code: 1) establishing bicycle parking standards, 2) amending the parking requirements for ground-floor retail and personal service uses in the CA-1(A) Central Area District, and 3) establishing regulations for mechanized parking systems.

SUMMARY:

This proposal is comprised of three code amendments to parking regulations. These are; 1) establishing bicycle parking standards, 2) amending the parking requirements for ground-floor retail and personal service uses in the CA-1(A) Central Area District, and 3) establishing regulations for mechanized parking systems. This is the second round of parking amendments, the first set of which was passed on September 26, 2012

CPC RECOMMENDATION: Approval STAFF RECOMMENDATION: Approval

DCA 112-002

BACKGROUND The proposed development code amendment ordinance is comprised of three code amendments; 1) establishing bicycle parking standards, 2) amending the parking requirements for ground-floor retail and personal service uses in the CA-1(A) Central Area District, and 3) establishing regulations for mechanized parking systems. The proposed amendments were each presented, assessed and passed by the Zoning Ordinance Committee separately and are summarized individually below. However, the attached ordinance combines all three proposed amendments into one and the provisions are written in the order they will be inserted in the Development Code.

Therefore, the provisions for each amendment are not grouped altogether but instead are comingled, falling into order as they will appear in the Development Code.

CITY COUNCIL COMMITTEE This item was briefed before the City Council Transportation and Environment Committee on June 10, 2013 who recommended that it be forwarded to City Council for consideration.

1) Establishing bicycle parking standards.

BACKGROUND • Cities across the country have begun to address bicycle parking and storage in their development codes in reaction to public awareness and the emphasis on economic, environmental, health and social advantages of active transportation.

•

In April 2008, the City Council adopted The Green Building Code Guidebook, which promotes providing bicycle parking and storage by offering optional credit points towards meeting the Green Building Certification when providing bicycle parking facilities.

•

In June of 2011 the Dallas City Council adopted the 2011 Dallas Bike Plan and an Addendum which supports the Dallas Complete Streets initiative. These plans not only set forth a well-defined network of bicycle pathways, but also provide bicycle parking facility design guidelines.

•

Bicycle parking is a key consideration in people’s decision to bicycle because of security concern for their property. Every bicycle trip includes the route of travel plus parking at the beginning and end.

•

As Dallas has begun to develop the bikeway system network set forth in the Bike Plan, bicycle parking facilities needed attention in order to accommodate and aid in the implementation of the Bike Plan.

2

DCA 112-002

•

Currently, the City does not require bicycle parking. Some Planned Development Districts and the form base code incentivize bicycle parking by allowing reductions in off-street parking for providing bicycle parking.

•

The Zoning Ordinance Committee (ZOC) considered this issue at seven public meetings between April and November of 2012. On November 1, 2012, the Committee recommended approval of the proposed ordinance.

PROPOSAL Bicycle parking spaces required: • One space per 25 required off-street automobile parking spaces with a minimum or 2, whichever is greater.

•

No more than 30 bicycle parking spaces shall be required on any one property.

•

For every 10 bicycle parking spaces, two spaces must be available for guests or visitors.

Uses that are exempt from requirements: • Agricultural uses •

Utility and public service uses

•

Wholesale, distribution, and storage uses

•

Mobil home park, subdivision or campground

•

Drive-in theater

•

Uses that require four spaces or less of off-street parking

Location: • Bicycle parking spaces must be connected to a public entrance by a pedestrian pathway.

•

Bicycle parking spaces must be visible from the primary building entrance.

Otherwise, directional signage must be posted at the entrances to the automobile parking area.

•

Bicycle parking spaces must be protected from motor vehicles to prevent damage to bicycles.

•

Bicycle parking spaces may not impede pedestrian circulation or reduce the pedestrian space to less than the minimum required sidewalk width.

3

DCA 112-002

•

A minimum of 2 ½ feet by 6 feet must be provided for each bicycle parking space.

•

Bicycle racks must be securely anchored and spaced: 4 feet apart when placed parallel and 7 feet apart when placed linear.

Becomes applicable to a building site when: • An application is made for a building permit for new construction, •

An application is made for a building permit to increase the floor area on a building site by 10 percent or more or by more than 2,000 square feet, whichever is less, or

•

There is a change in land use that requires an increase in off-street parking.

A waiver may be obtained if due to existing site constraints meeting the requirements would: • Interfere with minimum requirements for pedestrian or vehicle maneuvering, •

Would otherwise be contrary to public safety, or

•

The building site only has access from a roadway where riding a bicycle is prohibited per the Dallas City Code.

Required off-street parking may be reduced: • One space for every six Class I bicycle parking spaces provided.

•

One space for every four Class II bicycle parking spaces provided.

•

A minimum of 20 off-street parking spaces are required in order to receive a parking reduction of one space.

•

Off-street parking reduction may not exceed 5% of the total required off-street parking spaces.

•

However, an additional reduction of 5% may be obtained if showers, lockers, and changing facilities are provided for bicycle riders.

Bicycle Parking Classifications: • Class I Bicycle Parking is unenclosed bicycle parking where one or both wheels and the frame of a bicycle can be secured to a rack with a user-supplied lock.

•

Class II Bicycle Parking is enclosed bicycle parking spaces within a building or structure designed for increased security from theft and vandalism, such as locked bicycle storage rooms, bicycle check-in systems, and bicycle lockers.

4

DCA 112-002

2) Amending the parking requirements for ground-floor retail and personal service uses in the CA-1(A) Central Area District.

BACKGROUND • On April 13, 2011, City Council adopted the Downtown 360 Plan which encourages active street level retail uses and identified “Glass Box” retail kiosks as a key strategy to encourage street and plaza activation by enabling lower start-up costs for retail businesses within the high-rent Downtown environment.

•

Currently, the Downtown parking standard of 1 space per 2,000 square feet for new construction space would potentially apply to retail kiosks. The kiosks, being treated as new construction, would trigger the parking requirement if a cumulative retail kiosk square footage of 1,000 square feet is reached on any given parcel.

•

Retail kiosks and smaller downtown retail in general, are not anticipated to generate any independent automobile trips to Downtown. They primarily serve downtown residents and employees. Such retail contributes to encouraging pedestrian traffic by creating destinations along walkable pathways and activating streets and plazas.

•

The Zoning Ordinance Committee (ZOC) considered this issue at three public meetings between May and June of 2012. On June 21, 2012, the Committee recommended approval of the proposed ordinance.

PROPOSAL • No parking required for ground-floor retail and personal service uses except for a bar, lounge or tavern; commercial amusement (inside); or a restaurant without drivein or drive-through service with more than 5,000 square feet of floor area.

3) Establishing regulations for mechanized parking systems.

BACKGROUND • Technology has evolved which allows for alternative ways of parking cars by stacking or warehousing, using mechanized parking lifts or robotic parking systems.

•

The use of such parking systems provides incentive for redevelopment in more dense urban areas that would otherwise by constrained and limited by the amount of land required for off-street parking.

•

However, mechanized spaces do not meet the City’s dimensional regulations for offstreet parking which were created for typical surface parking spaces.

•

The Zoning Ordinance Committee (ZOC) considered this issue at four public meetings between November of 2012 and February of 2013. On February 21, 2013 the Committee recommended approval of the proposed ordinance.

5

DCA 112-002

PROPOSAL • Mechanized parking will be permitted to satisfy up to 100% of required off-street parking.

•

Mechanized parking facilities will be allowed to charge for parking.

•

Mechanized parking must be enclosed in a structure or located underground.

•

An operational plan is required and must include a plan for: passenger loading and unloading, required stacking and queuing, peak use analysis, noise generation, analysis of time to park and retrieve a vehicle, staffing and signage.

•

If the facility is served by an attendant or valet, a passenger loading and unloading area is required.

•

Stacking spaces are required, if not served by an attendant or valet, at 1 per 10 mechanized parking bays.

•

The Building Official may reduce the number of stacking spaces required if analysis of operational plan determines they are not needed.

•

No vehicle stacking, maneuvering, parking or loading is allowed in public right-ofway.

•

Building facades of mechanized parking structures will be required to be compatible in appearance to the main structure it serves or buildings within a one block radius, any street facing facade must have some articulation and openings must be screened with an opaque or translucent material.

•

The Board of Adjustment may grant a special exception to the façade requirements when the special exception will not adversely affect neighboring property or the alternative façade provides adequate screening of equipment and structures and mitigates noise.

CPC ACTION (April 18, 2013) Motion: It was moved to recommend approval of amending the Dallas Development Code, Chapters 51 and 51A of the Dallas City Code to amend the parking requirements for ground-floor retail and personal service uses in the CA-1(A) Central Area District; establishing bicycle parking regulations, including off-street parking reductions for providing bicycle parking; and establishing regulations for mechanized parking systems.

Maker: Wolfish Second: Bagley 6

DCA 112-002 Â

Result: Carried: 15 to 0 For: 15 - Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar Against: 0 Absent:

0

Vacancy: 0 Speakers: None

7

DCA 112-002

6-4-13

Proposed Ordinance ORDINANCE NO. __________ An ordinance amending Chapter 51, “Dallas Development Code: Ordinance No: 10962, as amended,” and Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Sections 51-2.102, 51A-1.105, 51A2.102, 51A-4.124, and 51A-4.301; renumbering Sections 51A-4.330 and 51A-4.331; adding a new Section 51A-4.314 and new Divisions 51-4.330, 51-4.340, 51A-4.330, and 51A-4.340; amending the parking requirements for ground-floor retail and personal service uses in the CA-1(A) Central Area District; providing dates after which new buildings in central area districts are required to provide off-street parking; providing definitions, bicycle parking regulations, and off-street parking reductions for providing bicycle parking; providing definitions and regulations for mechanized parking; providing for a fee for a mechanized parking license; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date.

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

8

DCA 112-002

SECTION 1. That Section 51-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended by adding a new Paragraph (8.1) to read as follows: “(8.1) BICYCLE PARKING means Class I bicycle parking and Class II bicycle parking.”

SECTION 2. That Section 51-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended by adding a new Paragraph (23.1) to read as follows: “(23.1) CLASS I BICYCLE PARKING means unenclosed parking spaces intended for bicycles where one or both wheels and the frame of a bicycle can be secured to a rack with a user-supplied lock.”

SECTION 3. That Section 51-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended by adding a new Paragraph (23.2) to read as follows: “(23.2) CLASS II BICYCLE PARKING means enclosed parking spaces intended for bicycles within a building or structure designed for increased security from theft and vandalism, such as locked bicycle storage rooms, bicycle check-in systems, and bicycle lockers.”

SECTION 4. That Section 51-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended by adding a new Paragraph (85.1) to read as follows:

9

DCA 112-002

“(85.1) OFF-STREET PARKING means parking spaces provided for a motor vehicle that are not located on a public right-of-way or private street. Off-street parking does not include bicycle parking spaces.”

SECTION 5. That Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended by adding a new Division 51-4.330, “Bicycle Parking Regulations,” to read as follows: “Division 51-4.330.

Bicycle Parking Regulations.

This division incorporates by reference the language of Division 51A-4.330, “Bicycle Parking Regulations,” of Chapter 51A of the Dallas City Code, as amended, as that section exists today and as it may be amended in the future.”

SECTION 6. That Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended by adding a new Division 51A-4.340, “Mechanized Parking,” to read as follows: “Division 51-4.340.

Mechanized Parking.

This division incorporates by reference the language of Division 51A-4.340, “Mechanized Parking,” of Chapter 51A of the Dallas City Code, as amended, as that section exists today and as it may be amended in the future.”

SECTION 7. That Subsection (m), “Fees For Special Parking Application and for Renewal of Special Parking License,” of Section 51A-1.105, “Fees,” of Article I, “General Provisions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(m) Fees for special parking and mechanized parking[application and for renewal of special parking license].

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DCA 112-002

(1)

An application will not be processed until the fee has been paid.

(2) The applicant shall pay the filing fee to the director. The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

(3)

Fee schedule.

Type of Application

Application Fee

Application for special or mechanized parking involving 50 special or mechanized parking spaces or fewer (including fee for special or mechanized parking license, if applicable)

$375.00

Application for special or mechanized parking involving more than 50 special or mechanized parking spaces – additional fee for each special or mechanized parking space over 50

$12.50

Application for renewal of special or mechanized parking license

$375.00”

SECTION 8. That

Section

51A-2.102,

“Definitions,”

of

Article

II,

“Interpretations and Definitions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Paragraph (9.1) to read as follows: “(9.1) BICYCLE PARKING means Class I bicycle parking and Class II bicycle parking.”

SECTION 9. That Paragraph (23.1) of Section 51A-2.102, “Definitions,” of Article II, “Interpretations and Definitions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(23.1) CLASS I BICYCLE PARKING means unenclosed parking spaces intended for bicycles where one or both wheels and the frame of a bicycle can be secured to a rack with a user-supplied lock.[COLLECTOR means a street designated as either a community or residential collector in the city’s thoroughfare plan.]”

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DCA 112-002

SECTION 10. That

Section

51A-2.102,

“Definitions,”

of

Article

II,

“Interpretations and Definitions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Paragraph (23.2) to read as follows: “(23.2) CLASS II BICYCLE PARKING means enclosed parking spaces intended for bicycles within a building or structure designed for increased security from theft and vandalism, such as locked bicycle storage rooms, bicycle check-in systems, and bicycle lockers.”

SECTION 11. That

Section

51A-2.102,

“Definitions,”

of

Article

II,

“Interpretations and Definitions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Paragraph (23.3) to read as follows: “(23.3) COLLECTOR means a street designated as either a community or residential collector in the city’s thoroughfare plan.”

SECTION 12. That

Section

51A-2.102,

“Definitions,”

of

Article

II,

“Interpretations and Definitions,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Paragraph (99.1) to read as follows: “(99.1) OFF-STREET PARKING means parking spaces provided for a motor vehicle that are not located on a public right-of-way or private street. Off-street parking does not include bicycle parking spaces.”

SECTION 13. That Subparagraph (B), “Special Off-Street Parking Provisions,” of Paragraph (5), “Off-Street Parking and Loading,” of Subsection (a), “CA-1(A) District,” of Section 51A-4.124, “Central Area Districts,” of Division 51A-4.120, “Nonresidential District Regulations,” of Article IV, “Zoning Regulations,” of Chapter

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DCA 112-002

51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(B)

Special off-street parking provisions.

(i) Except as provided i[I]n this section[district], for all uses except single-family and duplex, off-street parking is only required for a [new] building built after June 26, 1967,or an addition to an existing building, at a ratio of one parking space for each 2,000 square feet of floor area. (ii) Except as provided in this section, no parking is required for ground-floor retail and personal service uses except for the following: (aa)

Bar, lounge, or tavern.

(bb)

Commercial amusement (inside).

(iii) No parking is required for the first 5,000 square feet of ground-floor floor area for a restaurant without drive-in or drive-through service.

If there is a conflict, this paragraph controls over (iv) other off-street parking regulations in this chapter.”

SECTION 14.

That Paragraph (5), “Off-Street Parking and Loading,” of

Subsection (b), “CA-2(A) District,” of Section 51A-4.124, “Central Area Districts,” of Division 51A-4.120, “Nonresidential District Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(5) Off-street parking and loading. In this district, for all uses except single-family and duplex, off-street parking is only required for a [new] building built after June 1, 1981, or an addition to an existing building, at a ratio of one parking space for each 2,000 square feet of floor area which exceeds 5,000 square feet. No off-street parking is required for a building with 5,000 square feet or less of floor area. If there is a conflict, this paragraph controls over other off-street parking regulations in this chapter.

Consult the off-street parking and loading regulations (Division 51A-4.300 et seq.) for information regarding off-street parking and loading generally.”

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DCA 112-002

SECTION 15. That Subsection (a), “General Provisions,” of Section 51A-4.301, “Off-Street Parking Regulations,” of Division 51A-4.300, “Off-Street Parking and Loading Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Paragraph (4.1) to read as follows: “(4.1) For purposes of determining required off-street parking, floor area does not include the area of a building used exclusively to provide bicycle parking spaces.”

SECTION 16. That Paragraph (8) of Subsection (a), “General Provisions,” of Section 51A-4.301, “Off-Street Parking Regulations,” of Division 51A-4.300, “Off-Street Parking and Loading Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(8) In all districts except a central area district, required off-street parking must be available as free parking or contract parking on other than an hourly or daily fee basis. This requirement does not apply to institutional uses or mechanized parking approved under Division 51A-4.340.”

SECTION 17.

That Paragraph (5) of Subsection (b), “Off-Street Parking

Provisions for Residential Districts,” of Section 51A-4.301, “Off-Street Parking Regulations,” of Division 51A-4.300, “Off-Street Parking and Loading Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(5) Except for mechanized parking approved under Division 51A4.340, i[I]n single family, duplex, townhouse, and CH districts, off-street parking must be provided at or below ground level.”

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DCA 112-002

SECTION 18.

That Sections 51A-4.314 through 51A-4.319, “Reserved,” of

Division 51A-4.310, “Off-Street Parking Reductions,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code are amended to read as follows: “SEC. 51A-4.314.

PARKING.

REDUCTIONS FOR PROVIDING BICYCLE

(a) Required off-street parking may be reduced by one space for every six Class I bicycle parking spaces provided on a building site. Bicycle parking spaces required by Section 51A-4.333 count toward this parking reduction.

Required off-street parking may be reduced by one space for every four (b) Class II bicycle parking spaces provided on a building site. Bicycle parking spaces required by Section 51A-4.333 count toward this parking reduction. (c) A minimum of 20 off-street parking spaces are required in order to receive a parking reduction of one space. A parking reduction under this subsection may not be granted for fractional parking spaces and fractional parking spaces may not be rounded up to the next nearest whole parking space. (d) A parking reduction granted under Subsections (a) or (b) cannot exceed five percent of the total required off-street parking spaces for a building site. (e) In addition to a parking reduction granted under Subsections (a) or (b), required off-street parking spaces may be reduced by an additional five percent by providing showers, lockers, and changing facilities for bicycle riders. This parking reduction is not available for residential and retail and personal service uses. [THRU 51A-4.319. RESERVED.]” SECTION 19. That Section 51A-4.330, “Offenses,” of Division 51A-4.320, “Special Parking Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is renumbered as Section 51A-4.329.1.

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DCA 112-002

SECTION 20.

That Section 51A-4.331, “Revocation of Certificate of

Occupancy,” of Division 51A-4.320, “Special Parking Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is renumbered as Section 51A-4.329.2.

SECTION 21. That Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Division 51A-4.330, “Bicycle Parking Regulations,” to read as follows: “Division 51A-4.330. Bicycle Parking Regulations.

SEC. 51A-4.331.

APPLICABILITY.

(a) Except as provided in Subsection (b), this section becomes applicable to a building site when: (1)

an application is made for a building permit: (A)

for new construction; or

(B) to increase the floor area on a building site by 10 percent or more or by more than 2,000 square feet, whichever is less; or (2)

there is a change in land use that requires an increase in off-street

parking. (b)

This section does not apply to: (1)

uses that require four spaces or less of off-street parking;

(2)

agricultural uses;

(3)

utility and public service uses;

(4)

wholesale, distribution, and storage uses;

(5)

a mobile home park, mobile home subdivision, or campground; or

(6)

a drive-in theater.

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DCA 112-002 Â

SEC. 51A-4.332.

GENERAL PROVISIONS.

(a) Bicycle parking spaces are not permitted in a visibility triangle as defined in Section 51A-4.602. (b) Bicycle parking spaces must not impede access to a fire hydrant or pedestrian circulation. (c) Bicycle parking spaces must not reduce the unobstructed space for the passage of pedestrians to less than the minimum required sidewalk width for that building site. (d) Bicycle parking spaces must be protected from motor vehicles to prevent damage to parked bicycles. (e) manner. (f)

Bicycle parking spaces must be maintained in a clean, neat, and orderly All bicycle racks must be securely anchored.

SEC. 51A-4.333.

SPACES REQUIRED.

(a) The greater of two bicycle parking spaces per building site or one bicycle parking space per 25 required off-street parking spaces is required. (b)

No more than 30 bicycle parking spaces are required on any building site.

(c) For every 10 bicycle parking spaces, or portion of 10 bicycle parking spaces, provided on a building site, a minimum of two bicycle parking spaces must be available for use by guests or visitors. (d) In determining the required number of bicycle parking spaces, fractional spaces are counted to the nearest whole number, with one half counted as an additional space.

SEC. 51A-4.334.

LOCATION AND DESIGN.

(a) All required bicycle parking spaces must be provided on the lot occupied by the main use. (b) Bicycle parking spaces exterior to a building must be a part of or connected to a pedestrian pathway that connects to a building entrance open to the public. (c) Bicycle parking spaces exterior to a building must be clearly visible from a primary building entrance or signs must be posted at the entrances to the automobile parking area that indicate the location of bicycle parking. Bicycle parking interior to a building must be indicated by signs posted at the entrance to the automobile parking area 17

DCA 112-002 Â

that indicate the location of the bicycle parking. If signs are required to be posted at the entrances to the automobile parking area, the signs must: (1)

be prominently displayed;

(2)

illustrate or describe the location of bicycle parking spaces;

(3)

be constructed of weather resistant material;

(4)

be a minimum of 10 inches in width by 15 inches in height; and

(5) contain clearly legible letters and graphics that contrast with the background material of the sign. (d)

When placed parallel, bicycle racks must be spaced at least four feet apart.

(e)

When placed linear, bicycle racks must be spaced at least seven feet apart.

(f) Class I bicycle parking must provide a minimum two-and-a-half foot by six foot area for each bicycle parking space. (g)

Class I bicycle parking may be placed in the required front, side, or rear

yard.

SEC. 51A-4.335.

WAIVERS.

(a) An applicant for a bicycle parking waiver shall submit an application to the director on a form provided by the city. (b) The director may waive the bicycle parking requirements only upon a determination that: (1) division would:

due to existing site constraints, meeting the requirements of this

(A) vehicular manoeuvring; or (B)

interfere with the minimum requirements for pedestrian or

would otherwise be contrary to public safety; or

(2) the building site only has access from a roadway where riding a bicycle is prohibited under Sections 9-6 or 28-159 of the Dallas City Code.â&#x20AC;?

18

DCA 112-002

SECTION 22. That Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Division 51A-4.340, “Mechanized Parking,” to read as follows: “Division 51A-4.340.Mechanized Parking.

SEC. 51A-4.341.

PURPOSE.

This division provides alternatives to the standard parking and loading regulations in Division 51A-4.300 to allow parking within a structure when an approved mechanical system is used to park and retrieve vehicles.

SEC. 51A-4.342.

DEFINITIONS.

In this division: (1) APERTURE AREA means the total area of window, door, and facade openings on the exterior of any portion of a mechanized parking facility, expressed as a percentage of the total facade area.

(2) ARTICULATION means any portion of the exterior of a mechanized parking facility that includes a material change, facade openings, columns, pilasters, or other architectural element.

(3) COMPATIBLE means similar in application, color, materials, pattern, shape, size, slope, and other characteristics but does not mean identical.

(4) MECHANIZED PARKING means parking spaces located underground or within a structure where a mechanical system is used to park and retrieve vehicles.

(5) TRANSLUCENT means not completely clear or transparent but clear enough to allow light to pass through while diffusing it so that persons, objects, etc. on the inside of the structure are not visible from the exterior of the structure.

SEC. 51A-4.343.

PROCEDURES APPROVAL.

FOR

MECHANIZED

PARKING

(a) In general. All mechanized parking must be approved by the building official. The building official shall deny an application for mechanized parking unless it meets all of the standards of this division.

19

DCA 112-002 Â

(b) Application. An application for mechanized parking must be filed with the building official. An application form may be obtained from the building official.

The applicant must be the person who will own, control, or operate the mechanized parking. The application must contain the following: (1) The name, street address, mailing address, and telephone number of the applicant or the applicantâ&#x20AC;&#x2122;s authorized agent.

(2) The street address and main telephone number, if any, of the Property where the mechanized parking will be located.

(3)

The application fee.

(4) The name, street address, mailing address, and telephone number of a person or persons to contact in an emergency or in case of a malfunction.

(5)

Building plans for the mechanized parking structure.

(6)

An operational plan for the mechanized parking that includes the

following: (A) A statement describing the staffing required to operate the mechanized parking, if any.

(B) A trip generation table with a description of the main uses to be served by the mechanized parking.

(C)

A stacking analysis.

(D)

A peak use analysis.

(E)

A statement detailing how long it takes to park and retrieve

(F)

A noise generation analysis and a noise mitigation plan.

a vehicle.

(7) Any other reasonable and pertinent information that the building official determines to be necessary for mechanized parking review.

SEC. 51A-4.344. (a)

MECHANIZED PARKING LICENSE.

License required.

(1) under this section.

Mechanized parking may not be used unless a license is obtained

20

DCA 112-002 Â

(2) Mechanized parking licenses are issued by the building official.

An application for mechanized parking under Section 51A-4.343 serves as an application for a license under this section. (b) Conformity with standards required. The building official shall deny a mechanized parking license unless it meets all of the standards in this division. (c) Revocation of license by building official. The building official shall revoke a mechanized parking license if: (1) the licensee fails to comply with the requirements of the license, this division, or other applicable law; (2) the applicant made a false statement of material fact on an application for a license; or (3) the building official determines that the mechanized parking unreasonably endangers the safety of persons or property or is not otherwise in the public interest. (d) Suspension of license by building official. If the building official determines that a licensee has failed to comply with any regulation established under this division, the building official may suspend the mechanized parking license for a definite period not to exceed 60 days. A licensee whose mechanized parking license is suspended shall not use the mechanized parking involved during the period of suspension except to release parked cars to drivers or owners. If the licensee fails to comply within the suspension period, the building official shall revoke the license. (e) Expiration of license. A mechanized parking license expires three years from the date of issuance, unless sooner revoked by the building official. (f) Renewal. A mechanized parking license may be renewed by making an application for renewal at least 30 days before the expiration of the license. If the building official determines that the license renewal involves substantive changes to the original application, a new application for mechanized parking approval must be submitted under Section 51A-4.343. If the license renewal does not involve substantive changes, the request for renewal must be filed with the building official on a form furnished by the city for that purpose. (g) Appeal of denial, suspension, or revocation of license. If the building official denies, suspends, or revokes a license, the action of the building official is final unless the applicant or licensee files an appeal with a permit license and appeal board in accordance with Section 2-96 of the Dallas City Code.

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DCA 112-002 Â

SEC. 51A-4.345.

GENERAL STANDARDS.

(a) In general. Mechanized parking spaces may be counted as required parking if the mechanized parking otherwise complies with the requirements of this article. (b) Location. Mechanized parking must be located underground or in an enclosed above-ground parking structure. (c) Compliance with approved plans required. Mechanized parking must comply with the building plans and operational plan approved by the building official. (d) Maintenance. Mechanized parking must be maintained in a state of good repair and operation. (e) Exemption. Mechanized parking is exempt from the construction and maintenance provisions for off-street parking contained in Sections 51A-4.301(d) and 51A-4.306(c), (d), and (e). The lighting requirements in Sections 51A-4.301(e) and 51A-4.306(b) apply only to the first floor of a mechanized parking facility. (f)

Passenger loading and unloading.

(1) A passenger loading and unloading area is required if the mechanized parking facility is served by an attendant or valet.

(2) Passenger loading and unloading areas must comply with the requirements of Section 51A-4.306(f) regardless of zoning district.

(3) The passenger loading and unloading area must have adequate means of ingress to and egress from a street or an alley. The building official shall only consider alley access in satisfaction of this requirement when alley access is permitted by this chapter. (g)

Required stacking.

(1) One stacking space per every 10 mechanized parking bays is required for a mechanized parking facility not served by an attendant or valet.

(2)

A mechanized loading bay counts as a stacking space.

(3)

Required stacking must comply with Section 51A-4.304.

(4) The building official may reduce the stacking space requirement if the building official determines that all of the stacking spaces are not necessary based on an analysis of the operational plan. An applicant seeking a stacking space reduction from

22

DCA 112-002 Â

the building official shall provide the building official with a report by an independent professional engineer to justify the requested reduction. (h) No vehicle stacking on public right-of-way. All stacking, maneuvering, parking, and loading for mechanized parking must be accomplished on private property. (i)

Access lane.

(1) An access lane no less than 20 feet in width must be provided outside each mechanized loading bay if the mechanized parking facility is not fully automated.

(2) An applicant seeking a reduction in the required width of an access lane from the building official shall provide the building official with a report by an independent professional engineer to justify the requested reduction.

(3) The building official may waive this requirement or reduce the width of an access lane required under this subsection if the building official determines that doing so will not create a traffic hazard or increase traffic congestion on adjacent or nearby streets. (j) Required signs. A sign must be prominently displayed at all entrances of a mechanized parking facility. Each sign must: (1)

state the business hours of operation of the mechanized parking

facility; (2) have a phone number provided by the building official to be used for reporting violations of this division and any malfunctions of the mechanized parking facility; (3)

have the phone number of the licensee;

(4)

have the issuance number of the license;

(5)

have a phone number for 24-hour assistance;

(6)

be constructed of weather resistant material;

(7)

be no less than 30 inches wide and 24 inches long; and

(8) contain clearly legible letters in a color that contrasts the background material of the sign. (k) Facade. The following facade requirements apply to any portion of a building containing mechanized parking except when accessory to a single family or

23

DCA 112-002 Â

duplex use. If there is a conflict between the regulations within a zoning district that require concealment of parking structure facades, this subsection controls.

(1) a facade that is:

An aboveground mechanized parking facility must be concealed by

(A)

compatible in appearance with the facade of the main

(B)

compatible in appearance with other buildings within a one

building it serves, or

block radius.

(2) of compatibility.

The burden is on the property owner or applicant to supply proof

(3) Aperture area or articulation must be provided at a minimum of 20 percent and a maximum of 80 percent for any street facing facade.

(4) Articulation must be provided at least every 30 feet, measured horizontally and vertically.

(5) Except for pedestrian and vehicular entrances, the aperture area must be screened with an opaque or translucent material that may be permeable or impermeable. Screening materials for the aperture area may have no more than 36 square inches of transparent material in any given square foot of surface and may have no more than 25 percent transparency.

(6) The board of adjustment may grant a special exception to the standards in this subsection when, in the opinion of the board, the special exception will not adversely affect neighboring property. The alternative facade must provide adequate screening of equipment and structures and mitigate noise.â&#x20AC;?

SECTION 23.That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000.

SECTION 24. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance.

SECTION 25. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.

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DCA 112-002

SECTION 26. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained.

APPROVED AS TO FORM:

THOMAS P. PERKINS, JR., City Attorney

By__________________________________ Assistant City Attorney

Passed______________________________

25

AGENDA ITEM # 100 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

5

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

59 X ________________________________________________________________

SUBJECT A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from the Iglesia Evangelica Jabes Church required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer’s off-premise permit for a general merchandise or food store greater than 10,000 square feet [Malone’s Food Stores] on property on the southwest corner of St. Augustine Road and Seagoville Road – Financing: No cost consideration to the City BACKGROUND Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Council to grant a variance from the usual spacing required between an alcohol business and a protected use. The usual spacing requirement is 300 feet along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.

The standard for approval of the variance is that: A.

the application is for (i) a wine and beer retailer’s permit pursuant to Chapter 25 of the Texas Alcoholic Beverage Code; (ii) a wine and beer retailer’s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code; or (iii) a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate;

B.

the application is for (i) a general merchandise or food store use with 10,000 square feet or more of floor area or (ii) a restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code;

C.

alcoholic beverages will not be sold by drive-in or drive-through service; and

BACKGROUND (Continued) D.

enforcement of the spacing requirements in this particular instance: (i) is not in the best interest of the public; (ii) constitutes waste or inefficient use of land or other resources; (iii) creates an undue hardship on an applicant for an alcohol permit; (iv) does not serve its intended purpose; (v) is effective or necessary; or (vi) for any other reason that the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

An application for a waiver of the spacing requirements was submitted on June 12, 2013, by Malone’s Food Stores. The Iglesia Evangelica Jabes Church located within the same strip center, to the north of the applicant property, is the church that creates the need for the variance.

The applicant has submitted the following information regarding item D above: (1) “Malone’s Food Stores, LLC DBA: Malone’s Cost Plus has been at this location since September 2008. On March 26, 2013 a SUP # Z123-239, was filed for general merchandise greater than 3,500 square feet. This applicant is the largest full service grocery store within a 2 ½ miles radius. It’s proximity to a protective use of this size creates an undue hardship on the applicant’s ability to provide similar services for area residents as they are allowed to at their other locations.”

The site is approximately 4.4 acres and is located in a CR Community Retail District with a D-1 Liquor Control Overlay. The current use, a general merchandise or food store 10,000 square feet or greater, is allowed in the CR District. A Specific Use Permit is required for the sale of alcohol due to the D-1 Liquor Control Overlay. The request for the Specific Use Permit will be processed if the variance is approved.

The property is surrounded by retail, restaurant, and auto-related uses to the south and single family uses to the north, and vacant property to the west. There are additional residential properties further out from the site in all directions. Iglesia Evangelica Jabes Church is located to the west of the site within the same strip development. The site is located at the corner of Old Seagoville Road and South St. Augustine Road. Due to the request site being located within a commercial district, staff can support this request.

This item requires two seconds to pass.

Agenda Date 08/14/2013 - page 2

PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 9, 2009, the City Council approved an amendment to Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code to allow a process for a variance to the spacing requirements between a business selling alcohol and a public or private school.

On October 26, 2011 and September 26, 2012, the City Council further amended Section 6-4 of Chapter 6.

FISCAL INFORMATION No cost consideration to the City.

MAP Attached.

Agenda Date 08/14/2013 - page 3

±

ST AUGUS TINE

R-7.5(A)

SE AG O

MF-2(A)

D VIL LE

HA LO N

OLD SEAGOVILLE

A

Iglesia Evangelica Jabes

CR

FAIRHOPE

D-1

CRUSADER

CRENSHAW

SITE

Z

BEAUTYCREST

1:3,000

EDNA

Case #: Date:

NO(A) AV123-007 August 14, 2013 Z112-208

CUSHING

COUNCIL CHAMBER

August 14, 2013 WHEREAS, Subsection 6-4(g) of the Dallas City Code authorizes the City Council to grant variances from the alcohol spacing requirements prescribed by Subsection 6-4(a) of the Dallas City Code; and WHEREAS, Malone’s Food Stores, LLC has submitted an application for a wine and beer retailer’s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code, and is requesting a variance to the alcohol spacing requirements for property located on the southwest corner of St. Augustine Road and Seagoville Road, south of Iglesia Evangelica Jabes; and WHEREAS, the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, finds that enforcement of the alcohol spacing requirements in this particular instance: (1)

is not in the best interest of the public;

(2)

constitutes waste or inefficient use of land or other resources;

(3)

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

(4)

does not serve its intended purpose;

(5)

is not effective or necessary; and

WHEREAS, the City Council desires to grant the alcohol spacing variance; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the variance to the alcohol spacing requirements for property located on the southwest corner of St. Augustine Road and Seagoville Road, south of Iglesia Evangelica Jabes is granted, subject to the following conditions: (1)

This alcohol spacing variance is valid only for a wine and beer retailer’s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code.

(2)

This alcohol spacing variance is valid only for a general merchandise or food store use, as defined in Section 51A-4.210 of the Dallas Development Code, with 10,000 square feet or more of floor area.

(3)

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

COUNCIL CHAMBER

August 14, 2013 (4)

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

(5)

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

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

Ms. Theresa O'Donnell, Director

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Department of Sustainable Development and Construction

,JLJN•12 2013

City of Dallas 1500 Marilla, Room SOS

Current Planning

Dallas, Texas 75201

~..ji,,,-1.3 RE: Variance for general merchandise store greater tha1 tol'i;U square feet selling beer and wine for off-premise consumption located at 333 S. St. Augustine Rd. Suite 129 Dear Ms. O'Donnell: As the authorized representative for Malone's Food Stores, we submit this letter as an official application for a variance to the distance restrictions for alcohol sales pursuant to Chapter 6:4 (g) of the Dallas City Code. {A} The name of the owner of the property where the alcohol business is located is Victor Ballas.

(B) The application for the alcohol permit at this location is Malone's Food Stores LLC OBA: Malone's Cost Plus, 7730 Forney Rd., Dallas, Texas 75227 (C} The alcohol permit sought for this location is for Beer and Wine retailers off-premise permit pursuant to the Texas Alcohol Beverage Code Chapter 26

(D) The protected use that creates the need for a variance is Iglesia Evangelica Jabes, 333 S. St. Augustine Rd. Suite 115, Dallas, Texas 75217.

Certificate of Occupancy was issued on April 30, 2013.

(E} A certified survey that identifies the distance from the main entrance of Malone's Cost Plus to the front door of Iglesia Evangelica Jabes, is less than 300 feet. {F} Malone's Food Stores LLC OBA: Malone's Cost Plus has been at this location since September 2ona On March 26, 2013 a SUP# 2123-239, was filed for general merchandise greater than.ilS'-'.llsquare feet. To allow off premise alcohol consumption, in conjunction ', l~·i3 with General Merchandise store greater than1~iil square feet. This applicant is the l largest full service grocery store within a 2 1/Z mile radius. It's proximity to a protective use of this size creates an undue hardship on the applicant's ability to provide similar services for area residents as they are allowed to at their other locations.

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Malone's Food Stores LLC 214-388-4756

7730 Forney Rd.

Dallas, Texas 75227

We have included a Alcohol Measurement Survey, and the filing fee for this request.

Please feel free to contact Rhonda Davis if you need any additional information regarding this application.

Rhonda Davis Authorized representative for Malone's Food Stores LLC

Malone's Food Stores LLC 214-388-4756

7730 Forney Rd.

Dallas, Texas 75227

Landlord: Victor Ballas - 333 S St. Augustine Rd. #129 Tenant: Malone's Food Stores LLC OBA: Malone's Cost Plus

I, Victor Ballas, am authorizing the applicant, Malone's Food Stores LLC OBA: Malone's Cost Plus, to act on the owner's behalf to pursue the requested VARIANCE to: SUP# Z123-239 for general merchandise >3500 square feet To allow off premise alcohol consumption, in conjunction with General Merchandise store greater than >f4>0pRsquare feet.

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City Block 7878 333 S. St. Augustine Rd., Suite 129

Metes and Bounds BEING a tract of land out of the NOAH HENDERSON SURVEY, ABSTRACT NO. 583, and part of the tract conveyed to John R. Sims, Jr., et ux, by deed recorded in Volume 2397, Page 420, Deed Records, Dallas County, Texas, and part of City Block 7878 in the City of Dallas, Dallas County, Texas and being more particularly described as follows: BEGINNING at the intersection of the South ROW line of Old Seagoville Rd (a 6<1 ROW) and the West ROW line of St. Augustine Drive (a 6<1 ROW); THENCE: S 00' lt OO'W, 479.00 feet along the West ROW line of St. Augustine Drive, parallel to and 30.00 feet from the center line, to a point for corner; THENCE: S 89'2<14S'W, 389.32 feet, passing a cross at 10.00 feet, to an iron rod found for corner; THENCE: North, 498.88 feet to a cross set for corner in the South ROW line of Old Seagoville Road, and a curve to the left, having a central angle of 02' 24' 22', a radius of 1990.40 feet and a chord bearing of S 8S 47 26'E, 83.S9 feet; THENCE: In an Easterly direction along the South ROW line of Old Seagoville Road an arc distance of 83.59 feet to a cross sent for corner: THENCE: S 87 59' 37' E, 307.57 feet along the South ROW line of Old Seagoville Road to the PLACE OF BEGINNING and containing 190,425.69 square feet or 4.3716 acres of land.

Malone's Cost Plus-to-Iglesia Evangelica Jabes BEGINNING at the front door of Malone's Cost Plus Suite #129, going North on sidewalk for 222.4 feet, to the front door of Iglesia Evangelica Jabes Suite #115.

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AGENDA ITEM # 101 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

13

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9293

MAPSCO:

34 D ________________________________________________________________

SUBJECT A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from the Henry W. Longfellow Middle School required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer’s off-premise permit for a general merchandise or food store greater than 10,000 square feet [Trader Joe’s] on property on the southwest corner of Lovers Lane and Greenway Boulevard – 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 between the property line of the business and the property line of the school.

The standard for approval of the variance is that: A.

the application is for (i) a wine and beer retailer’s permit pursuant to Chapter 25 of the Texas Alcoholic Beverage Code; (ii) a wine and beer retailer’s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code; or (iii) a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate;

B.

the application is for (i) a general merchandise or food store use with 10,000 square feet or more of floor area or (ii) a restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code;

C.

alcoholic beverages will not be sold by drive-in or drive-through service; and

BACKGROUND (Continued) D.

enforcement of the spacing requirements in this particular instance: (i) is not in the best interest of the public; (ii) constitutes waste or inefficient use of land or other resources; (iii) creates an undue hardship on an applicant for an alcohol permit; (iv) does not serve its intended purpose; (v) is effective or necessary; or (vi) for any other reason that the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

An application for a waiver of the spacing requirements was submitted on July 1, 2013,

by Trader Joe’s. The Henry W. Longfellow Middle School located to the south of the applicant property, is the school that creates the need for the variance.

The applicant has submitted the following information regarding item D above: (1) In this instance, the application of the spacing requirements under Section 6-4 of the City Code (i) is not in the best interests of the public, (ii) would constitute waste and inefficient use of the Premises, (iii) creates an undue hardship for the Permitee and the Landlord, (iv) does not serve its intended purpose and/or (v) is not necessary. Please note that under Section 6.4(g)(5)(E), only one of the above reasons is required to satisfy the condition. In this instance we believe all six of the potential ways to satisfy this condition are satisfied – even though only one is required. (i)

Public Interest/Other Reason. The surrounding community would be greatly served by having a Trader Joe’s in Inwood Village. If the Permitee is unable to obtain the Permit, Permitee has indicated that it would not lease the Premises and open a Trader Joe’s. Trader Joe’s is a national chain of specialty grocery stores that is just recently expanding into Texas. The surrounding neighborhoods have a keen interest in having a Trader Joe’s located in the north Dallas area. Trader Joe’s refers to itself as “Your Neighborhood Store” and typically has a strong charitable and community goodwill connection with their stores’ surrounding neighborhoods. Please see the enclosed Dallas Morning News regarding Trader Joe’s coming to Dallas.

(ii)

Waste. Enforcement of the spacing requirements would constitute waste or inefficient use of the Premises. The Premises is located over 900 feet from the School when measured from the closest boundary wall of the Premises, along streets and crossing at intersections. Per the attached Survey, the distance from the front door of the Premises to the front door of the School is 1,467 feet.

Agenda Date 08/14/2013 - page 2

BACKGROUND (Continued) However, because the Premises is part of one large 14.5 acre tract, the property line to property line measurement is approximately 50 feet. Section 6-4 prohibits an establishment holding a BQ permit within 300 feet of the property line of a public school. As stated above, if the Premises itself was a separate smaller tract, the distance would be over 900 feet. If the building where the Premises is located was a separate tract, then the property line to property line measurement would still be well over 300 feet. The spacing requirements under Section 6-4(a)(2) allow for a retail off-premises permit if less than fifty percent (50%) of the gross receipts for the premises, excluding the sale of items subject to motor fuels tax, is from the sale or service of alcoholic beverages.

Trader Joe’s will sell no products from the Premises that are subject to the motor fuels tax and expects its sales of alcoholic beverages (beer and wine) to be well under fifty percent (50%) of total sales for the Premises. But for the uniqueness of the large 14.5 acre tract containing the Premises, the Premises would be eligible for the Permit. (iii)

Undue Hardship. For the reasons described in paragraph (ii) above, the application of the spacing requirements would cause an undue hardship on the Landlord related to the marketability of Premises for lease and would cause undue hardship on Trader Joe’ s by prohibiting it from selling beer and wine – as is now commonplace in grocery stores in North Dallas. Additionally, as stated above, application of Section 6-4 in this instance would preclude the Premises from being used as a specialty grocery store selling beer and wine when the Premises would ordinarily meet the distance qualifications under Section 6-4.

(iv)

Does not Serve Intended Purpose. As stated in paragraph (ii) above, the only reason the Premises does not qualify for the Permit under the spacing requirements is due to the unusual inclusion of three rows of retail shops in one large 14.5 acre tract. If not for all of Inwood Village being one large tract, the Premises would satisfy the spacing requirements with room to spare. Additionally, there are two “rows” of businesses in the Inwood Village Shopping Center in between the Premises and the School. The enclosed photos demonstrate that the Premises is not viewable from the School.

Application of Section 6-4 to the Premises is not necessary to serve its intended purpose of prohibiting alcoholic beverage sales within a close proximity of a public school.

Agenda Date 08/14/2013 - page 3

BACKGROUND (Continued) (v)

Not Effective or Necessary.

Application of the spacing requirements is not effective or necessary to prelude the sale of alcoholic beverages in close proximity to the School. As stated above the Premises would be located well outside of the prohibited area if Inwood Village were not one large 14.5 tract. For this reason and the other reasons stated above, the application of the spacing requirements is not effective or necessary.

The site is approximately 14,247 square feet and is located in Planned Development District No. 482. The current use, a general merchandise or food store 10,000 square feet or greater, is allowed in PD No. 482.

The property is surrounded by retail and commercial services to the west, east and north, and the protected use and single-family residential to the south. There are additional residential properties further out from the site in all directions. Henry W. Longfellow Middle School is located to the south of the site applying for the variance.

The site is located at the corner of Lovers Lane and Greenway Boulevard. Due to the request site being located within a commercial district, with all entrances facing away from the protected use towards a major thoroughfare, 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, â&#x20AC;&#x153;Alcoholic Beverages,â&#x20AC;? of the Dallas City Code to allow a process for a variance to the spacing requirements between a business selling alcohol and a public or private school.

On October 26, 2011 and September 26, 2012, the City Council further amended Section 6-4 of Chapter 6.

FISCAL INFORMATION No cost consideration to the City.

MAP Attached.

Agenda Date 08/14/2013 - page 4

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AV123-008 August 14, 2013 GLENWICK

COUNCIL CHAMBER

August 14, 2013 WHEREAS, Subsection 6-4(g) of the Dallas City Code authorizes the City Council to grant variances from the alcohol spacing requirements prescribed by Subsection 6-4(a) of the Dallas City Code; and WHEREAS, Trader Joe’s has submitted an application for a wine and beer retailer’s off -premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code, and is requesting a variance to the alcohol spacing requirements for property located south of Lovers Lane and west of Greenway Boulevard, northeast of Henry W. Longfellow Middle School; and WHEREAS, the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, finds that enforcement of the alcohol spacing requirements in this particular instance: (1)

is not in the best interest of the public;

(2)

constitutes waste or inefficient use of land or other resources;

(3)

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

(4)

does not serve its intended purpose;

(5)

is not effective or necessary; and

WHEREAS, the City Council desires to grant the alcohol spacing variance; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the variance to the alcohol spacing requirements for property located south of Lovers Lane and west of Greenway Boulevard, northeast of Henry W. Longfellow Middle School is granted, subject to the following conditions: (1)

This alcohol spacing variance is valid only for a wine and beer retailer’s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code.

(2)

This alcohol spacing variance is valid only for a general merchandise or food store use, as defined in Section 51A-4.210 of the Dallas Development Code, with 10,000 square feet or more of floor area.

(3)

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

COUNCIL CHAMBER

August 14, 2013 (4)

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

(5)

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

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

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Direct Dial: 972-341-8122 mmartin@addisonlaw.com

June 27, 2013 Via Courier and Email: neva.dean@dallascityhall.com Director Department of Sustainable Development and Construction City of Dallas c/o Ms. Neva Dean 1500 Marilla Street, Room 5B North Dallas, Texas 75201 Re:

Application for Variance 5350 West Lovers Lane, Suites 163, 165, 166 and 168

To Whom It May Concern: This firm represents L&B DEPP Inwood Village, L.P. (“Landlord”) in connection with the foregoing application for a variance under Section 6-4 of the City of Dallas Code of Ordinances (the “Dallas Code”). Please find enclosed a letter of authority from the Landlord authorizing myself and my firm to make this variance application on behalf of the Landlord.

Please find enclosed a check for the application fee in the amount of $1,200.00.

Landlord hereby makes application for a variance under Section 6-4(g) of the Dallas Code for the premises located at 5350 West Lovers Lane, Suites 163, 165, 166 and 168, Dallas, Texas 75209 (the “Premises”). The Premises is expected to contain 14,247 square feet.

Owner. The name of the owner of the Premises is L&B DEPP Inwood Village, L.P. TABC Applicant. The trade name of the proposed TABC applicant is Trader Joe’s (“Permitee”). Permittee’s corporate address is 800 South Shamrock, Monrovia, California 91016.

TABC Permit. The Permitee will be applying for a Wine and Beer Retailer’s OffPremise Permit (BQ) (the “Permit”).

Protected Use. The protected use is the DISD Henry W. Longfellow Middle School, located at 5314 Boaz Street, Dallas, Texas 75209 (the “School”).

June 27, 2013 Page 2

Survey. Please find enclosed a Survey prepared by Pacheco Coke Consulting Engineers showing the distance from the front door of the Premises to the front door of the School.

Statement of Why the Variance Meets the Standard of Approval. The following apply to the Premises and the proposed Permit for the Permitee.

A. The Permitee is applying for a Wine and Beer Retailer’s Off-Premise Permit under Chapter 26 of the TABC Code.

B. The Premises are proposed to be used as a food store with an anticipated size of 14,247 square feet.

C. The front door of the business will not face the School. The Premises is located on the northernmost row of the three rows of retail stores in the Inwood Village Center. The Premises faces to the north toward Lovers Lane and to the east toward the shopping center to the east of the Premises across Greenway Boulevard. Enclosed is a schematic of Inwood Village showing the location of the Premises for the proposed Trader Joe’s and the three rows of retail stores. The enclosed photos show the Premises location in relation to the School.    





Photo 1 shows the view from the Premises to the north toward Lovers Lane. The School is not visible in this photo.

Photo 2 shows the views from the Premises to the east across Greenway Boulevard and toward the retail development to the east of Inwood Village. The School is not visible in this photo.

Photo 3 shows the view of the front door of the Premises from the southeast corner of Lovers Lane and Greenway Boulevard. The School is not visible in this photo.

Photo 4 shows the view looking south on Greenway Boulevard toward the other 2 rows of retail shops in Inwood Village and the apartments at the intersection of Greenway Boulevard and Boaz Street. The School is not visible in this photo.

Photo 5 shows the view from the northeast corner of the School property across Boaz Street toward the southern most row of retail shops in Inwood Village (this is not the row of retail shops that contains the Premises). The Premises is not visible in this photo.

Photo 6 shows the view from the front of the School to the north across Boaz Street toward the back of the southernmost row of retail shops in Inwood Village (this is not the row of retail shops that contains the Premises). The Premises is not visible in this photo.

D. Alcoholic beverages will not be sold by drive-in or drive-through service from the Premises.

N:\addison\b7144.01\City of Dallas ltr.c.docx

June 27, 2013 Page 3

E. In this instance, the application of the spacing requirements under Section 6-4 of the City Code (i) is not in the best interests of the public, (ii) would constitute waste and inefficient use of the Premises, (iii) creates an undue hardship for the Permitee and the Landlord, (iv) does not serve its intended purpose and/or (v) is not necessary.

Please note that under Section 6.4(g)(5)(E), only one of the above reasons is required to satisfy the condition. In this instance we believe all six of the potential ways to satisfy this condition are satisfied – even though only one is required. (i)

Public Interest/Other Reason. The surrounding community would be greatly served by having a Trader Joe’s in Inwood Village. If the Permitee is unable to obtain the Permit, Permitee has indicated that it would not lease the Premises and open a Trader Joe’s. Trader Joe’s is a national chain of specialty grocery stores that is just recently expanding into Texas.

The surrounding neighborhoods have a keen interest in having a Trader Joe’s located in the north Dallas area. Trader Joe’s refers to itself as “Your Neighborhood Store” and typically has a strong charitable and community goodwill connection with their stores’ surrounding neighborhoods. Please see the enclosed Dallas Morning News regarding Trader Joe’s coming to Dallas.

(ii)

Waste. Enforcement of the spacing requirements would constitute waste or inefficient use of the Premises. The Premises is located over 900 feet from the School when measured from the closest boundary wall of the Premises, along streets and crossing at intersections. Per the attached Survey, the distance from the front door of the Premises to the front door of the School is 1,467 feet. However, because the Premises is part of one large 14.5 acre tract, the property line to property line measurement is approximately 50 feet. Section 6-4 prohibits an establishment holding a BQ permit within 300 feet of the property line of a public school. As stated above, if the Premises itself was a separate smaller tract, the distance would be over 900 feet. If the building where the Premises is located was a separate tract, then the property line to property line measurement would still be well over 300 feet. The spacing requirements under Section 6-4(a)(2) allow for a retail off-premises permit if less than fifty percent (50%) of the gross receipts for the premises, excluding the sale of items subject to motor fuels tax, is from the sale or service of alcoholic beverages. Trader Joe’s will sell no products from the Premises that are subject to the motor fuels tax and expects its sales of alcoholic beverages (beer and wine) to be well under fifty percent (50%) of total sales for the Premises. But for the uniqueness of the large 14.5 acre tract containing the Premises, the Premises would be eligible for the Permit.

(iii)

Undue Hardship. For the reasons described in paragraph (ii) above, the application of the spacing requirements would cause an undue hardship on the Landlord related to the marketability of Premises for lease and would

N:\addison\b7144.01\City of Dallas ltr.c.docx

June 27, 2013 Page 4 cause undue hardship on Trader Joe’s by prohibiting it from selling beer and wine – as is now commonplace in grocery stores in North Dallas.

Additionally, as stated above, application of Section 6-4 in this instance would preclude the Premises from being used as a specialty grocery store selling beer and wine when the Premises would ordinarily meet the distance qualifications under Section 6-4. (iv)

Does not Serve Intended Purpose. As stated in paragraph (ii) above, the only reason the Premises does not qualify for the Permit under the spacing requirements is due to the unusual inclusion of three rows of retail shops in one large 14.5 acre tract. If not for all of Inwood Village being one large tract, the Premises would satisfy the spacing requirements with room to spare. Additionally, there are two “rows” of businesses in the Inwood Village Shopping Center in between the Premises and the School. The enclosed photos demonstrate that the Premises is not viewable from the School. Application of Section 6-4 to the Premises is not necessary to serve its intended purpose of prohibiting alcoholic beverage sales within a close proximity of a public school.

(v)

Not Effective or Necessary. Application of the spacing requirements is not effective or necessary to prelude the sale of alcoholic beverages in close proximity to the School. As stated above the Premises would be located well outside of the prohibited area if Inwood Village were not one large 14.5 tract. For this reason and the other reasons stated above, the application of the spacing requirements is not effective or necessary.

Please let me know if you need any additional information regarding this application for a variance. Thank you for your consideration.

Very truly yours, ADDISON LAW FIRM A Professional Corporation

Matthew C. Martin MCM:st

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N:\addison\b7144.01\City of Dallas ltr.c.docx

AGENDA ITEM # 102 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

14

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 E F G K and L ________________________________________________________________

SUBJECT A public hearing to receive comments concerning the creation of the Klyde Warren Park Public Improvement District, in accordance with Chapter 372 of the Texas Local Government Code, for the specified area of the Klyde Warren Park Public Improvement District for the purpose of providing supplemental public services, to be funded by assessments on real property and real property improvements in the District, and at the close of the hearing, authorize: (1) approval of a resolution creating the Klyde Warren Park Public Improvement District for a period of seven years; (2) approval of the Service Plan for the purpose of providing supplemental public services, to be funded by assessments on real property and real property improvements in the District; and (3) a management contract with the Woodall Rodgers Park Foundation, a private non-profit corporation as the management entity for the Klyde Warren Park Public Improvement District - Financing: No cost consideration to the City BACKGROUND On April 1, 2012, Woodall Rodgers Park Foundation representing property owners of downtown area delivered to the City of Dallas a petition to create the Klyde Warren Park Public Improvement District (District) in accordance with the parameters of Chapter 372 of the Texas Local Government Code.

The proposed boundary of the Klyde Warren Park PID includes property located both north and south of Woodall Rodgers Freeway that benefits from the creation and operation of the park. Majority of the properties within the Klyde Warren Park PID will be in more than one PID.

BACKGROUND (Continued) City staff reviewed the petitions and determined that the owners of seventy-four percent (74%) of the property value and owners of seventy-one percent (71%) of the land area had signed the petitions for the creation of the District. These benchmarks exceed the minimum requirements set in the City of Dallas PID Policy for the City Council to consider creation of the District and exceed State requirements for sufficiency of the petition. Staff has also evaluated the service plan and recommended that the services be made as proposed by the proposed service plan and the plan is viable.

Following table shows the details of the review: Klyde Warren Park PID Review Property Values

1

Area (SF)

Total Accounts within the PID

$2,378,574,030

5,640,290

Accounts supporting the 2 creation of the PID % of Accounts supporting the 2 creation of the PID

$1,760,113,841

3,979,896

74%

1

71%

1.

Information is based on the City of Dallas GIS 2012 parcel data.

2.

As per the City Council adopted Policy, minimum requirement for renewal/creation of a PID is 60% of value and 60% of all record Owners (or) 60% of land area.

The City desires, by the calling and holding of such public hearing, to provide a reasonable opportunity for any owner of property located within the District to speak for or against the creation of the District for a special assessment against each property owner of record for real property and real property improvements, exclusive of right-of-way, to provide funding for the District for the purpose of providing supplemental services and improvements.

The public improvement district is outlined in the following way:

Agenda Date 08/14/2013 - page 2

BACKGROUND (Continued) A.

Nature of the Services and Improvements. The purpose of the District is to supplement and enhance services and improvements for the Klyde Warren Park, but not to replace or supplant existing City or other services provided. The general nature of the proposed services and improvements to be performed by the District for Klyde Warren Park includes security, sanitation, graffiti control, landscaping and water features, park improvements, trash pick-up, cultural enhancement, programs, marketing and promotional activities, distinctive lighting and signage and related expenses incurred in establishing, administering and operating the District as authorized by the Act.

B.

Estimated Cost of the Services and Improvements. During the seven (7) year period, the estimated cost of the improvements and services provided by the District will be approximately $4,646,860 (an average annual expenditure of $663,837). The District shall not incur bonded indebtedness. The service plan budget and assessment rate are subject to annual review, a public hearing and approval by the City Council.

C.

Boundary. The District is located wholly within the City of Dallas, TX (the â&#x20AC;&#x153;Cityâ&#x20AC;?), a Texas home rule municipality. The District contains properties that are enhanced by the improvements, programs and marketing of Klyde Warren Park.

The boundary of the District is as shown in Map.

D.

Method of Assessment. The proposed method of assessment, which may specify included or excluded classes of assessable property, is based on the value of the real property and real property improvements as determined by the Dallas Central Appraisal District. The real property of jurisdictions and entities that have obtained an exemption from City of Dallas real property taxes pursuant to the Texas Property Code (except under the provisions of Sections 11.24 and 11.28 of the Property Tax Code) will not be subject to an assessment on that portion of the assessed value of the property exempt from City real property taxes. The annual estimated assessment rate for the next seven (7) years will be $0.025 per $100.00 of appraised value as determined by the Dallas Central Appraisal District. The annual assessment rate shall not exceed $0.15 per $100.00 valuation.

E.

Apportionment of costs between the District and the Municipality as a Whole. The District shall pay the costs of the services and improvements by special assessment against real property and real property improvements specially benefitted because of their proximity to the Klyde Warren Park and amenities. The City of Dallas is not responsible for payment of assessment against exempt City property in the District. City right-of-way, railroad right-of-way and cemeteries are not specially benefitted and therefore are not subject to PID assessment. Payment of assessments by other exempt jurisdictions and entities must be established by contract.

Agenda Date 08/14/2013 - page 3

BACKGROUND (Continued) F.

District Management. The District shall be managed by the Woodall Rodgers Park Foundation, a private nonprofit corporation created under the provisions of Section 501(c)(3) of the Internal Revenue Code. A cooperative relationship between the City and the private sector will be created whereby the City Council will review and approve annually the Service Plan and assessment plan, determine and levy assessments and conduct other functions as required by the Act, and Woodall Rodgers Park Foundation will be responsible for managing and implementing the Service Plan of the District.

G.

Advisory Body. An advisory body may be established to develop and recommend an improvement plan to the governing body of the municipality.

H.

District Dissolution. The District shall automatically dissolve on December 31, 2020, unless renewed or dissolved through the petition and approval process as provided by the Act.

I.

City Expenses and Dallas County Charges. The District shall pay the cost of: (i) collections service fee to Dallas County and (ii) City expenses related to oversight of the PID operations.

The term of the District upon creation is seven years (2014 to 2020). Pending approval, actual operations in the District will commence from January 01, 2014.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 17, 2013, the Economic Development Committee was briefed regarding the creation of the Klyde Warren Park Public Improvement District.

On June 26, 2013, City Council authorized the public hearing to be held on August 14, 2013 to create the District.

FISCAL INFORMATION No cost consideration to the City MAP Attached.

Agenda Date 08/14/2013 - page 4

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Proposed Klyde Warren Park Public Improvement District (PID)

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Parcels shownHbased on available 2012 geography.

I LIN Any parcels shown Ewithin the boundary lines of the PID are intended to be included even in the event of future replats creating new or reconfigured parcels.

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Legend

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City of Dallas Office of Economic Development www.Dallas-EcoDev.org Created 4/2013

2,400 Miles

COUNCIL CHAMBER

August 14, 2013 WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation of public improvement districts; and WHEREAS, on April 1, 2013, the Woodall Rodgers Park Foundation, representing property owners of the proposed Public Improvement District, delivered to the City of Dallas a petition to create the Klyde Warren Park Public Improvement District in accordance with the parameters of Chapter 372 of the Texas Local Government Code, as shown on the attached Map of the District (Exhibit A). City staff reviewed the petition and determined the owners of more than 60 percent of the appraised value of the taxable real property liable for assessment, and more than 60 percent of the land area of all taxable real property liable for assessment within the District executed the petition, in accordance with the necessary thresholds for the City Council to consider creation of the District; and WHEREAS, on June 17, 2013, a memo was submitted to the Economic Development Committee regarding the creation of the Klyde Warren Park Public Improvement District (PID); and WHEREAS, on June 26, 2013, City Council called for a public hearing to be held on August 14, 2013, to hear comments and concerns regarding the reestablishment of the Klyde Warren Park Public Improvement District and stated its intent at the close of that hearing to consider a resolution creating the Klyde Warren Park Public Improvement District; and WHEREAS, the Act states that the Petition is sufficient if signed by owners of more than 50 percent of taxable real property, according to appraised value, and either of the following: more than 50 percent of the area of all taxable real property liable for assessment under the proposal, or more than 50 percent of all record owners of property liable for assessment; and WHEREAS, City staff reviewed the petitions and determined that the Petitions for creation are signed by owners of taxable real property in the District representing owners of seventy-four (74%) of the property value and owners of seventy-one percent (71%) of the land area; and WHEREAS, the Act further requires that prior to the adoption of the resolution providing for the reestablishment of the Klyde Warren Park Public Improvement District to provide supplemental public services to be funded by assessments on real property and real property improvements, the City Council must hold a public hearing on the advisability of the improvements; the nature of the improvement; the estimated cost of the improvement; the boundaries of the public improvement district; the method of assessment; and the apportionment of costs between the district and the municipality as a whole; and

COUNCIL CHAMBER

August 14, 2013 WHEREAS, pursuant to the Act, the City Council’s intention to consider the establishment of the Klyde Warren Park Public Improvement District at a public hearing on August 14, 2013 at 1:00 p.m. was mailed to the property owners within the District and was published in the official newspaper of the City of Dallas, Texas 15 days prior to the hearing; and WHEREAS, after providing notices required by Section 372.009 of the Act, the City Council on August 14, 2013, conducted a public hearing on the advisability of the improvements and services, and adjourned such public hearing.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That pursuant to the requirements of the Act, the City Council, after considering the Petition for the proposed District and evidence and testimony presented at the public hearing on August 14, 2013, hereby finds and declares: A.

Advisability of Service and Improvements Proposed for the District. It is advisable to create the District to provide the services and improvements described in this resolution.

B.

Nature of the Services and Improvements. The purpose of the District is to supplement and enhance services and improvements for the Klyde Warren Park, but not to replace or supplant existing City or other services provided. The general nature of the proposed services and improvements to be performed by the District for Klyde Warren Park includes security, sanitation, graffiti control, landscaping and water features, park improvements, trash pick-up, cultural enhancement, programs, marketing and promotional activities, distinctive lighting and signage and related expenses incurred in establishing, administering and operating the District as authorized by the Act.

C.

Estimated Cost of the Services and Improvements. During the seven (7) year period, the estimated cost of the improvements and services provided by the District will be approximately $4,646,860 (an average annual expenditure of $663,837). The District shall not incur bonded indebtedness. The service plan budget and assessment rate are subject to annual review, a public hearing and approval by the City Council.

D.

Boundary. The District is located wholly within the City of Dallas, TX (the “City”), a Texas home rule municipality. The District contains properties that are enhanced by the improvements, programs and marketing of Klyde Warren Park.

The boundary of the District is as shown in Map.

COUNCIL CHAMBER

August 14, 2013 Section 1. (Continued) E.

Method of Assessment. The proposed method of assessment, which may specify included or excluded classes of assessable property, is based on the value of the real property and real property improvements as determined by the Dallas Central Appraisal District. The real property of jurisdictions and entities that have obtained an exemption from City of Dallas real property taxes pursuant to the Texas Property Code (except under the provisions of Sections 11.24 and 11.28 of the Property Tax Code) will not be subject to an assessment on that portion of the assessed value of the property exempt from City real property taxes. The annual estimated assessment rate for the next seven (7) years will be $0.025 per $100.00 of appraised value as determined by the Dallas Central Appraisal District (Exhibit C). The annual assessment rate shall not exceed $0.15 per $100.00 valuation.

F.

Apportionment of costs between the District and the Municipality as a Whole. The District shall pay the costs of the services and improvements by special assessment against real property and real property improvements specially benefitted because of their proximity to the Klyde Warren Park and amenities. The City of Dallas is not responsible for payment of assessment against exempt City property in the District. City right-of-way, railroad right-of-way and cemeteries are not specially benefitted and therefore are not subject to PID assessment. Payment of assessments by other exempt jurisdictions and entities must be established by contract.

Section 2. That the facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct.

Section 3. That the Klyde Warren Park Public Improvement is hereby authorized and established as a Public Improvement District under the Act in accordance with the findings as to the advisability of the services and improvements contained in this resolution, with an effective date of January 1, 2014. The District shall be subject to all of the terms, conditions, limitations and reservations contained in the findings of Section 2 of this resolution.

Section 4. That the City Secretary is directed to give notice of the authorization for the establishment of the District by publishing a copy of this resolution once in the newspaper of general circulation in the City of Dallas. Such authorization shall take effect and the District shall be deemed to be established effective upon the publication of such notice. The District shall automatically dissolve on December 31, 2020 unless the District is renewed through the petition and approval process as provided by the Act, or the District is sooner terminated as provided by law.

COUNCIL CHAMBER

August 14, 2013 Section 4. (Continued) The power of the City to continue to levy and collect assessments within the District will cease and the District will be dissolved on the date that a petition requesting dissolution is filed with the City Secretary of the City of Dallas and the petition contains the signatures of at least enough property owners in the District to make the petition sufficient for creation of a public improvement district as provided in Section 372.005(b) of the Act. Section 5. That the City Council authorizes that the District shall be managed through Woodall Rodgers Park Foundation, a private nonprofit corporation established under the provisions of Section 501(c) of the Internal Revenue Code, to develop and recommend a service plan, improvement plan and assessment plan for approval by the City Council in order to promote the efficient management of the District. The Woodall Rodgers Park Foundation shall be the entity responsible for the management of the District.

Section 6. That City Council hereby approves the Service Plan prepared by the Woodall Rodgers Park Foundation, which is attached hereto and made part hereof and marked (Exhibit B) and directs the Woodall Rodgers Park Foundation, to implement it in accordance with the Act. The Service Plan covers a period of seven (7) years and defines the annual indebtedness and projected cost for services and improvements.

The Woodall Rodgers Park Foundation, is hereby granted the ability to modify or substitute items without City Council approval within the program categories in the Service Plan if such changes serve the common interest of owners and tenants in the District and the increase and/or decrease in the amount of a program category does not exceed twenty percent (20%) of the budgeted amount for that category. â&#x20AC;&#x153;Program categoriesâ&#x20AC;? in the Service Plan includes the listed improvement in Exhibit B that is authorized by the Act. Section 7. That pursuant to the exception granted by Section 252.022(a)(9) of the Texas Local Government Code, the City Manager is hereby authorized and directed, upon approval as to form by the City Attorney, to enter into a contract with Woodall Rodgers Park Foundation, to manage special supplemental services for enhancing landscaping, park improvements to be paid from the assessments collected. The contract with the Woodall Rodgers Park Foundation shall be in accordance with the Service Plan and this resolution and shall provide for compliance by the Woodall Rodgers Park Foundation, with the Business Inclusion and Development Plan for participation of minorities and women providing services and improvements to the District.

COUNCIL CHAMBER

August 14, 2013 Section 8. That the contract with the Woodall Rodgers Park Foundation shall also provide for assessment collection services that the County will provide to the Woodall Rodgers Park Foundation, for collection of the special assessments. The County shall receive a fee per account as compensation for its collection services.

Section 9. 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.

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Proposed Klyde Warren Park Public Improvement District (PID) Exhibit A

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City of Dallas Office of Economic Development www.Dallas-EcoDev.org Created 4/2013

2,400 Miles

KLYDE WARREN PARK PID BUDGET SERVICE PLAN 2014 TO 2020 Exhibit B REVENUE *

Fund Balance from previous year Net assessment revenue

TOTAL REVENUE

2014

2015

2016

2017

2018

2019

2020

$606,444.83

$624,638.18

$643,377.32

$662,678.64

$682,559.00

$703,035.77

$724,126.84

$606,444.83

$624,638.18

$643,377.32

$662,678.64

$682,559.00

$703,035.77

$724,126.84

$290,000.00 $150,000.00 $10,000.00 $12,000.00 $33,500.00 $10,500.00 $15,000.00 $46,500.00 $8,544.83 $20,400.00 $10,000.00

$290,000.00 $150,000.00 $10,000.00 $12,000.00 $33,500.00 $10,500.00 $30,000.00 $46,500.00 $11,738.18 $20,400.00 $10,000.00

$292,900.00 $151,500.00 $10,000.00 $12,000.00 $33,500.00 $10,500.00 $39,300.00 $46,500.00 $11,777.32 $20,400.00 $15,000.00

$295,829.00 $153,015.00 $10,000.00 $12,000.00 $33,500.00 $10,500.00 $52,000.00 $46,500.00 $13,934.64 $20,400.00 $15,000.00

$301,745.58 $156,075.30 $10,000.00 $12,000.00 $33,500.00 $10,500.00 $59,000.00 $50,000.00 $14,338.12 $20,400.00 $15,000.00

$307,780.49 $159,196.81 $10,000.00 $12,000.00 $33,500.00 $10,500.00 $64,000.00 $55,000.00 $15,658.47 $20,400.00 $15,000.00

$313,936.10 $162,380.74 $10,000.00 $12,000.00 $33,500.00 $10,500.00 $75,500.00 $55,000.00 $15,910.00 $20,400.00 $15,000.00

$606,444.83

$624,638.18

$643,377.32

$662,678.64

$682,559.00

$703,035.77

$724,126.85

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

EXPENDITURES Security Sanitation 3 Scrubbing and power washing pavers Waste disposal Landscape improvements Water features and general improvements 4 Cultural enhancement (programs) 5 Marketing and promotion Administration Liability insurance and financial audit Holiday lighting and Decorations Contingency 1 2

TOTAL OPERATING EXPENDITURES FUND BALANCE/ RESERVES

KWP overall budget is supporting the remaining operating cost, which is not included in the Service Plan * Assume a 3% increase in property values each year based on future Uptown and Downtown development 1

24 hour security in KWP

2

Trash pickup, general cleaning, graffiti control and KWP improvements

3

Pavement (sidewalk) detail cleaning, staining and restoration

4

Partial cost of European and Christmas Markets, programming activities, will grow yearly

5

Partial cost of promoting the district, PR, advertising, free Wi‐Fi, website and Kiosk

Exhibit C Klyde Warren Public Improvement District Assessment Plan

The costs of the services and improvements by the District will be paid primarily by special assessment against properties in the District. Annual assessments are based on the total value of real property and real property improvements as determined by the Dallas Central Appraisal District ("DCAD").

The Klyde Warren Public Improvement District (PID) proposed assessment rate for 2013 is $0.025 per $100 of appraised value. Actual assessment rates and levies will be set by the Dallas City Council subject to a maximum of $0.15 per $100 of value and according to procedures stipulated by Chapter 372 of the Texas Local Government Code. City right-of-way, railroad right-of-way, City parks and cemeteries are not specially benefitted and therefore are not subject to PID assessment. Payment of assessments by other exempt jurisdictions and entities must be established by contract.

AGENDA ITEM # 103 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

August 14, 2013

COUNCIL DISTRICT(S):

2, 7, 14

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

45 G L M R; 46 J and K ________________________________________________________________

SUBJECT A public hearing to receive comments concerning the renewal of the Deep Ellum Public Improvement District, in accordance with Chapter 372 of the Texas Local Government Code, for the specified area of the Deep Ellum Public Improvement District for the purpose of providing supplemental public services, to be funded by assessments on real property and real property improvements in the District, and at the close of the hearing, authorize: (1) approval of a resolution renewing the Deep Ellum Public Improvement District for a period of seven years; (2) approval of the Service Plan for the purpose of providing supplemental public services, to be funded by assessments on real property and real property improvements in the District; and (3) a management contract with the Deep Ellum Foundation, a non-profit corporation as the management entity for the Deep Ellum Public Improvement District - Financing: No cost consideration to the City BACKGROUND On April 1, 2012, Deep Ellum Foundation representing property owners of Deep Ellum area delivered to the City of Dallas a petition to renew the Deep Ellum Public Improvement District (District) in accordance with the parameters of Chapter 372 of the Texas Local Government Code.

Deep Ellum PID was initially created in 1999 and renewed in 2006. The new boundary of the Deep Ellum PID has been increased to include the Planned Development District No. 269 and additional properties.

City staff reviewed the petitions and determined that the owners of sixty percent (60%) of the property value and owners of sixty-one percent (61%) of the land area had signed the petitions for the renewal of the District.

BACKGROUND (Continued) These benchmarks exceed the minimum requirements set in the City of Dallas PID Policy for the City Council to consider creation of the District and exceed State requirements for sufficiency of the petition. Staff has also evaluated the service plan and recommended that the services be made as proposed by the proposed service plan and the plan is viable. Following table shows the details of the review: Deep Ellum PID Petition Review 1

1

Property Values

Area (SF)

Total Accounts within the PID

$205,437,690

6,487,933

Accounts supporting PID renewal

$124,093,170

3,935,607

60.40%

60.66%

1

2

% Accounts supporting PID renewal 1.

Information is based on the City of Dallas GIS 2012 parcel data.

2.

As per the City Council adopted Policy, minimum requirement for renewal/creation of a PID is 60% of value and 60% of all record Owners (or) 60% of land area.

The City desires, by the calling and holding of such public hearing, to provide a reasonable opportunity for any owner of property located within the District to speak for or against the renewal of the District for a special assessment against each property owner of record for real property and real property improvements, exclusive of right-of-way, to provide funding for the District for the purpose of providing supplemental services and improvements.

The public improvement district is outlined in the following way: A.

Nature of the Services and Improvements. The purpose of the District is to supplement and enhance services within the District, but not to replace or supplant existing City services provided within the District. The general nature of the proposed services and improvements to be performed by the District includes graffiti control, landscaping, park improvements, trash pickup, neighborhood improvements, acquisition, construction, operation and maintenance of mass transportation facilities, marketing and promotional activities, distinctive lighting and signage, business development and recruitment to promote the area as the Deep Ellum Entertainment District and related expenses incurred in establishing, administering and operating the District as authorized by the Act.

Agenda Date 08/14/2013 - page 2

BACKGROUND (Continued) B.

Estimated Cost of the Services and Improvements. The total estimated cost of services and improvements provided by the District for the seven year period is approximately two million four hundred ninety-nine thousand dollars ($2,499,000). The estimated average annual cost of services for the District is approximately three hundred fifty-seven thousand dollars (357,000).

C.

Boundaries. The District is located wholly within the City of Dallas, Texas.

The boundaries of the District are shown on the Map of the District. The new boundary of the Deep Ellum PID has been increased to include the Planned Development District No. 269 and additional properties as shown in the map.

D.

Method of Assessment. The proposed method of assessment, which may specify included or excluded classes of assessable property, is based on the value of the real property and real property improvements as determined by the Dallas Central Appraisal District. The real property of jurisdictions and entities that have obtained an exemption from City of Dallas real property taxes pursuant to the Texas Property Code (except under the provisions of Sections 11.24 and 11.28 of the Property Tax Code) will not be subject to an assessment on that portion of the assessed value of the property exempt from City real property taxes. The estimated annual assessment rate for the next seven (7) years will be $0.12 per $100.00 of appraised value as determined by the Dallas Central Appraisal District. The annual assessment rate shall not exceed $0.15 per $100.00 valuation. The assessment rate will be reviewed and approved annually by the Dallas City Council and will be carried out in accordance with procedures stipulated in Chapter 372 of the Texas Local Government Code.

E.

Apportionment of costs between the District and the Municipality as a Whole. The District shall pay the costs of the services and improvements by special assessment against the real property and real property improvements.

The City of Dallas is not responsible for payment of assessment against exempt City property in the District. City right-of-way, railroad right-of-way, City parks and cemeteries are not specially benefitted and therefore are not subject to PID assessment. Payment of assessments by other exempt jurisdictions and entities must be established by contract.

F.

District Management. The District shall be managed by the Deep Ellum Foundation, a private nonprofit corporation created under the provisions of Section 501(c)(3) of the Internal Revenue Code. The Dallas City Council will review and approve annually the service plan and assessment plan, determine and levy assessments and conduct other functions as required by the Act, and Deep Ellum Foundation will be responsible for management of the District.

Agenda Date 08/14/2013 - page 3

BACKGROUND (Continued) G.

Advisory Body. An advisory body may be established to develop and recommend an improvement plan to the governing body of the municipality.

H.

District Dissolution. The District shall automatically dissolve on December 31, 2020, unless renewed or dissolved through the petition and approval process as provided by the Act.

I.

City Expenses and Dallas County Charges. The District shall pay the cost of: (i) collections service fee to Dallas County and (ii) City expenses related to oversight of the PID operations.

The term of the District upon renewal is seven years (2014 to 2020). Pending approval, actual operations in the District will commence from January 01, 2014.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 25, 1999, City Council authorized the establishment of the Deep Ellum Public Improvement District by Resolution No. 99-2604.

On August 9, 2006, City Council authorized the renewal of the Deep Ellum Public Improvement District by Resolution Nos. 06-2050 and 06-2051.

On June 3, 2013, a memo was submitted to the Economic Development Committee regarding the renewal of the Deep Ellum Public Improvement District.

On June 12, 2013, City Council authorized the public hearing to be held on August 14, 2013 to review the District.

FISCAL INFORMATION No cost consideration to the City MAP Attached.

Agenda Date 08/14/2013 - page 4

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Deep Ellum PID Proposed Boundary

Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.

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Please make a note of the parcels removed from the proposed Deep Ellum PID.

Deep Ellum PID Proposed Boundary Map

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DALLAS ECONOMIC DEVELOPMENT Area Redevelopment Division 214.670.1685 dallas-ecodev.org Created 05/20/2013

COUNCIL CHAMBER

August 14, 2013 WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation of public improvement districts; and WHEREAS, on August 25, 1999, City Council authorized the creation of Deep Ellum Public Improvement District by Resolution No. 99-2604; and WHEREAS, on August 9, 2006, the City Council authorized the renewal of the Deep Ellum Public Improvement District by Resolution Nos. 06-2050 and 06-2051; and WHEREAS, on April 1, 2013, Deep Ellum Foundation, representing homeowners of Deep Ellum area, delivered to the City of Dallas a Petition (the "Petition") to re-establish the Deep Ellum Improvement District (the "District") that is shown on the map attached hereto and made a part hereof and labeled (Exhibit A) (the "Map of the District"); and WHEREAS, the Act states that the Petition is sufficient if signed by owners of more than 50 percent of taxable real property, according to appraised value, and either of the following: more than 50 percent of the area of all taxable real property liable for assessment under the proposal, or more than 50 percent of all record owners of property liable for assessment; and WHEREAS, City staff reviewed the petitions and determined that the Petitions for renewal are signed by owners of taxable real property in the District representing owners of sixty percent (60%) of the property value and owners of sixty percent (61%) of the land area; and WHEREAS, the Act further requires that prior to the adoption of the resolution providing for the re-establishment of the Deep Ellum Public Improvement District to provide supplemental public services to be funded by assessments on real property and real property improvements, the City Council must hold a public hearing on the advisability of the improvements; the nature of the improvement; the estimated cost of the improvement; the boundaries of the public improvement district; the method of assessment; and the apportionment of costs between the district and the municipality as a whole; and WHEREAS, on June 12, 2013, City Council called for a public hearing to be held on August 14, 2013, to hear comments regarding the re-establishment of the Deep Ellum Public Improvement District and stated its intent at the close of that hearing to consider a resolution renewing the Deep Ellum Public Improvement District; and

COUNCIL CHAMBER

August 14, 2013 WHEREAS, pursuant to the Act, the City Councilâ&#x20AC;&#x2122;s intention to consider the re-establishment of the Deep Ellum Public Improvement District at a public hearing on August 14, 2013 at 1:00 p.m. was mailed to the property owners within the District and was published in the official newspaper of the City of Dallas, Texas 15 days prior to the hearing; and WHEREAS, after providing notices required by Section 372.009 of the Act, the City Council on August 14, 2013, conducted a public hearing on the advisability of the improvements and services, and adjourned such public hearing.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That pursuant to the requirements of the Act, the City Council, after considering the Petition for the proposed District and evidence and testimony presented at the public hearing on August 14, 2013, hereby finds and declares: A.

Advisability of Service and Improvements Proposed for the District. It is advisable to create the District to provide the services and improvements described in this resolution.

B.

Nature of the Services and Improvements. The purpose of the District is to supplement and enhance services within the District, but not to replace or supplant existing City services provided within the District. The general nature of the proposed services and improvements to be performed by the District includes graffiti control, landscaping, park improvements, trash pickup, neighborhood improvements, acquisition, construction, operation and maintenance of mass transportation facilities, marketing and promotional activities, distinctive lighting and signage, business development and recruitment to promote the area as the Deep Ellum Entertainment District and related expenses incurred in establishing, administering and operating the District as authorized by the Act.

C.

Estimated Cost of the Services and Improvements. The total estimated cost of services and improvements provided by the District for the seven year period is approximately two million four hundred ninety-nine thousand dollars ($2,499,000). The estimated average annual cost of services for the District is approximately three hundred fifty-seven thousand dollars (357,000).

COUNCIL CHAMBER

August 14, 2013 Section 1. (Continued) D.

Boundaries. The District is located wholly within the City of Dallas, Texas. The boundaries of the District are shown on the Map of the District. The new boundary of the Deep Ellum PID has been increased to include the Planned Development District No. 269 and additional properties as shown in the Map.

E.

Method of Assessment. The proposed method of assessment, which may specify included or excluded classes of assessable property, is based on the value of the real property and real property improvements as determined by the Dallas Central Appraisal District. The real property of jurisdictions and entities that have obtained an exemption from City of Dallas real property taxes pursuant to the Texas Property Code (except under the provisions of Sections 11.24 and 11.28 of the Property Tax Code) will not be subject to an assessment on that portion of the assessed value of the property exempt from City real property taxes. The estimated annual assessment rate for the next seven (7) years will be $0.12 per $100.00 of appraised value as determined by the Dallas Central Appraisal District (Exhibit C). The annual assessment rate shall not exceed $0.15 per $100.00 valuation. The assessment rate will be reviewed and approved annually by the Dallas City Council and will be carried out in accordance with procedures stipulated in Chapter 372 of the Texas Local Government Code.

F.

Apportionment of costs between the District and the Municipality as a Whole. The District shall pay the costs of the services and improvements by special assessment against the real property and real property improvements.

The City of Dallas is not responsible for payment of assessment against exempt City property in the District. City right-of-way, railroad right-of-way, City parks and cemeteries are not specially benefitted and therefore are not subject to PID assessment. Payment of assessments by other exempt jurisdictions and entities must be established by contract.

Section 2. That the facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct.

Section 3. That the Deep Ellum Public Improvement District is hereby authorized and established as a Public Improvement District under the Act in accordance with the findings as to the advisability of the services and improvements contained in this resolution, with an effective date of January 1, 2014. The District shall be subject to all of the terms, conditions, limitations and reservations contained in the findings of Section 2 of this resolution.

COUNCIL CHAMBER

August 14, 2013 Section 4. That the City Secretary is directed to give notice of the authorization for the establishment of the District by publishing a copy of this resolution once in the newspaper of general circulation in the City of Dallas. Such authorization shall take effect and the District shall be deemed to be established effective upon the publication of such notice. The District shall automatically dissolve on December 31, 2020 unless the District is renewed through the petition and approval process as provided by the Act, or the District is sooner terminated as provided by law. The power of the City to continue to levy and collect assessments within the District will cease and the District will be dissolved on the date that a petition requesting dissolution is filed with the City Secretary of the City of Dallas and the petition contains the signatures of at least enough property owners in the District to make the petition sufficient for creation of a public improvement district as provided in Section 372.005(b) of the Act. Section 5. That the City Council authorizes that the District shall be managed through Deep Ellum Foundation, a private nonprofit corporation established under the provisions of Section 501(c) of the Internal Revenue Code, to develop and recommend a service plan, improvement plan and assessment plan for approval by the City Council in order to promote the efficient management of the District. The Deep Ellum Foundation shall be the entity responsible for the management of the District.

Section 6. That City Council hereby approves the Service Plan prepared by the Deep Ellum Foundation, which is attached hereto and made part hereof and marked (Exhibit B) and directs the Deep Ellum Foundation, to implement it in accordance with the Act. The Service Plan covers a period of seven (7) years and defines the annual indebtedness and projected cost for services and improvements. The Deep Ellum Foundation, is hereby granted the ability to modify or substitute items without City Council approval within the program categories in the Service Plan if such changes serve the common interest of owners and tenants in the District and the increase and/or decrease in the amount of a program category does not exceed twenty percent (20%) of the budgeted amount for that category. â&#x20AC;&#x153;Program categoriesâ&#x20AC;? in the Service Plan includes the listed improvement in Exhibit B that is authorized by the Act. Section 7. That pursuant to the exception granted by Section 252.022(a)(9) of the Texas Local Government Code, the City Manager is hereby authorized and directed, upon approval as to form by the City Attorney, to enter into a contract with Deep Ellum Foundation, to manage special supplemental services for enhancing landscaping, park improvements to be paid from the assessments collected. The contract with the Deep Ellum Foundation shall be in accordance with the Service Plan and this resolution and shall provide for compliance by the Deep Ellum Foundation, with the Business Inclusion and Development Plan for participation of minorities and women providing services and improvements to the District.

COUNCIL CHAMBER

August 14, 2013 Section 8. That the contract with the Deep Ellum Foundation shall also provide for assessment collection services that the County will provide to the Deep Ellum Foundation, for collection of the special assessments. The County shall receive a fee per account as compensation for its collection services.

Section 9. 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.

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Deep Ellum PID Proposed Boundary

Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.

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Parcels shown based on available 2012 geography. Any parcels shown within the boundary lines of the PID are intended to be included even in the event of future replats creating new or reconfigured

Please make a note of the parcels removed from the proposed Deep Ellum PID.

Deep Ellum PID Proposed Boundary Map Exhibit A

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DALLAS ECONOMIC DEVELOPMENT Area Redevelopment Division 214.670.1685 dallas-ecodev.org Created 05/20/2013

Exhibit B

DEEP ELLUM PUBLIC IMPROVEMENT DISTRICT Service Plan 2014‐2020 2014

2015

2016

2017

2018

2019

2020

REVENUES AND RESERVES Fund balance from previous year

$25,000.00

$30,000.00

$35,150.00

$40,454.00

$45,917.50

$51,545.00

$57,341.50

$327,000.00

$337,000.00

$347,000.00

$357,000.00

$367,000.00

$377,000.00

$387,000.00

Interest on cash balances

$3,000.00

$3,090.00

$3,183.00

$3,278.00

$3,376.50

$3,478.00

$3,582.00

Other income and contributions

$2,000.00

$2,060.00

$2,121.00

$2,185.50

$2,251.00

$2,318.50

$2,388.00

TOTAL INCOME AND RESERVES

$357,000.00

$372,150.00

$387,454.00

$402,917.50

$418,545.00

$434,341.50

$450,311.50

$65,000.00

$68,000.00

$71,000.00

$74,000.00

$77,000.00

$80,000.00

$83,000.00

$40,000.00

$40,000.00

$40,000.00

$40,000.00

$40,000.00

$40,000.00

$40,000.00

$30,000.00

$30,000.00

$30,000.00

$30,000.00

$30,000.00

$30,000.00

$30,000.00

$123,000.00

$128,500.00

$134,000.00

$139,500.00

$145,000.00

$150,500.00

$156,000.00

$15,000.00

$15,000.00

$15,000.00

$15,000.00

$15,000.00

$15,000.00

$15,000.00

$48,000.00

$49,500.00

$51,000.00

$52,500.00

$54,000.00

$55,500.00

$57,000.00

$6,000.00

$6,000.00

$6,000.00

$6,000.00

$6,000.00

$6,000.00

$6,000.00

$327,000.00

$337,000.00

$347,000.00

$357,000.00

$367,000.00

$377,000.00

$387,000.00

$30,000.00

$35,150.00

$40,454.00

$45,917.50

$51,545.00

$57,341.50

$63,311.50

Net assessment revenue

EXPENDITURES Improvements¹ Transportation and related expenses

2 3

Business Development and Recruitment Marketing and Promotion Public Safety

4

5

Administration Financial audit and insurance TOTAL EXPENDITURES FUND BALANCE/RESERVES

* The DEID is authorized by the city council thru 2013. Expenses for 2014 thru 2020 are estimates pending successful renewal of the DEID in 2013 1. Graffiti control, landscaping, park improvements, trash pickup and neighborhood improvements 2. Acquisition, construction, operation and maintenance of mass transportation facilities and wayfinding signage 3. Business development and recruitment to promote the District as the Deep Ellum Entertainment District 4. Marketing, website, and other promotional activities 5. Distinctive lighting and signage

Deep Ellum Foundation 2630 E. Commerce Dallas, TX 75226

Exhibit C Deep Ellum Public Improvement District Assessment Plan

The cost of the services and improvements provided by the Deep Ellum Public Improvement District (DEPID) will be paid primarily by special assessments against property in the District. Annual assessments will be based on the total value of real property and improvements as certified by the Dallas Central Appraisal District.

The estimated annual assessment rate for the next seven (7) years will be $0.12 per $100.00 of appraised value as determined by the Dallas Central Appraisal District. The annual assessment rate shall not exceed $0.15 per $100.00 valuation.

The District shall pay the costs of the services and improvements by special assessment against the real property and real property improvements. The City of Dallas is not responsible for payment of assessment against exempt City property in the District. City right-of-way, railroad right-of-way, City parks and cemeteries are not specially benefitted and therefore are not subject to PID assessment. Payment of assessments by other exempt jurisdictions and entities must be established by contract.

Deep Ellum PID assessments will be collected by Dallas County for the City of Dallas, in accordance with the management contract between the City of Dallas and The Deep Ellum Foundation.