Dallas City Council Agenda: September 11, 2013 Part III by buildingcommunityWORKSHOP

AGENDA ITEM # 41 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

2, 6

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

23 Z 33 B C D ________________________________________________________________

SUBJECT Authorize a contract for the installation of a 48-inch wastewater interceptor main along the northern perimeter of Bachman Lake from Denton Drive to Lemmon Avenue Southland Contracting, Inc., lowest responsible bidder of two - Not to exceed $15,243,612 - Financing: Water Utilities Capital Improvement Funds BACKGROUND This project consists of the installation of approximately 8,210 feet of a 48-inch wastewater interceptor main generally along the northern perimeter of Bachman Lake Park from Denton Drive to Lemmon Avenue. This installation will replace the existing 36-inch and 45-inch wastewater interceptor mains that were built in 1967. Through our inspection and maintenance program, the mains have been identified to be in poor structural condition and requires upsizing to provide additional capacity for the wastewater collection system. Construction of the new line improves system reliability and helps reduce potential sanitary sewer overflows which is one of the main goals by the Texas Commission on Environmental Quality. Completion of the project will reduce operation and maintenance costs and better positions the City of Dallas in meeting regulatory requirements regarding wastewater collection systems. Approximately 5,700 feet of wastewater main will be installed utilizing technologies that when compared to typical open-cut construction methods, will require less excavation, thereby minimizing disturbance to the existing pavement as well as minimizing inconveniences to the public.

BACKGROUND (Continued) Southland Contracting, Inc. contractual activities in the past three years: PBW

DWU

PKR

0 0 0 0

1 0 0 0

0 0 0 0

Projects Authorized Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

February 2011 March 2013 November 2013 October 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Kellogg Brown & Root Services, Inc. to provide engineering services, analysis, and design of the Bachman Dam and Spillway on June 28, 2006, by Resolution No. 06-1688. FISCAL INFORMATION $15,243,612.00 - Water Utilities Capital Improvement Funds Design Construction (this action)

$ 1,065,772.00 $15,243,612.00

Total Project Cost

$16,309,384.00

Council District

Amount

2 6

$10,418,112.00 $ 4,825,500.00

Total

$15,243,612.00

Agenda Date 09/11/2013 - page 2

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

3 0 1 6

Hispanic Male 184 Black Male 14 Other Male 3 White Male 66

BID INFORMATION The following bids with quotes were opened on July 11, 2013: *Denotes successful bidder Bidders *Southland Contracting, Inc. 6635 Sandshell Boulevard Fort Worth, Texas 76137 Mountain Cascade of Texas, LLC

Bid Amount $15,243,612.00

$16,969,544.00

OWNER Southland Contracting, Inc. Frank Renda, Chairman of the Board MAP Attached

Agenda Date 09/11/2013 - page 3

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract for the installation of a 48-inch wastewater interceptor main along the northern perimeter of Bachman Lake from Denton Drive to Lemmon Avenue - Southland Contracting, Inc., lowest responsible bidder of two - Not to exceed $15,243,612 - Financing: Water Utilities Capital Improvement Funds Southland Contracting, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount

Percent

Total local contracts Total non-local contracts

$3,506,459.23 $11,737,152.77

23.00% 77.00%

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

TOTAL CONTRACT

$15,243,612.00

100.00%

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

Certification

LKT & Associates, LLC Magnum Manhole & Underground Co.

WFDB55111Y1013 WFDB56863Y0314

Total Minority - Local

Amount

Percent

$3,473,459.23 $33,000.00

99.06% 0.94%

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

$3,506,459.23

100.00%

Amount

Percent

$300,000.00 $20,000.00 $3,500.00

2.56% 0.17% 0.03%

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

$323,500.00

2.76%

Non-Local Contractors / Sub-Contractors Non-local

Certification

Sun Coast Resources, Inc. Buyers Barricades, Inc. MMG Building Services & Cons. Srvcs, LLC

WFWB55249N1013 WFDB56717Y0214 WFWB57725N0614

Total Minority - Non-local

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY Page 2 TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$0.00 $0.00 $0.00 $0.00 $3,506,459.23

0.00% 0.00% 0.00% 0.00% 100.00%

$0.00 $0.00 $0.00 $0.00 $3,829,959.23

0.00% 0.00% 0.00% 0.00% 25.13%

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

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

Total

$3,506,459.23

100.00%

$3,829,959.23

25.13%

R D R

A EN

ED K

E T HW

LA EI

LIE

OVELLA AVE

DR C H MA N

T EX

N OR

R HO

D ST

L DR

Council District 13

ST WE

LI G

LY D

RSH

N LI

ST A

Y IT

M TI

O ST

E LE N

LE M M

ON A VE

Council District 2

Council District 6

DE ON NT

IN G

NE HI

LO V

FE LD

Y RR

48" Wastewater Main Mapsco: 23 Z, 33 B, C, D Council District: 2, 6

VD BL

Easement south of Loop 12 (Northwest Highway) from Lemmon Avenue to Denton Drive

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Council District: 2, 6 10 9

2 14 1 3

7 5

4 8

Water UtilitiesDepartment Department Water Utilities Contract ContractNo. No.06-113E 13-212

PID: 5502

Proposed 48" Wastewater Main 48" Wastewater Main Installation

1 of 1

COUNCIL CHAMBER

September 11, 2013 WHEREAS, bids were received on July 11, 2013 for the installation of a 48-inch wastewater interceptor main along the northern perimeter of Bachman Lake Park from Denton Drive to Lemmon Avenue, Contract No. 13-212, listed as follows: BIDDERS Southland Contracting, Inc. Mountain Cascade of Texas, LLC

BID AMOUNT $15,243,612.00 $16,969,544.00

WHEREAS, the bid submitted by Southland Contracting, Inc., 6635 Sandshell Boulevard, Fort Worth, Texas 76137, in the amount of $15,243,612.00, is the lowest and best of all bids received. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the bid submitted by Southland Contracting, Inc. in the amount of $15,243,612.00, for doing the work covered by the plans, specifications, and contract documents, Contract No. 13-212, be accepted. Section 2. That the City Manager is hereby authorized to execute a contract with Southland Contracting, Inc., for the installation of a 48-inch wastewater interceptor main along the northern perimeter of Bachman Lake Park from Denton Drive to Lemmon Avenue, after having approval of the contract documents by the City Attorney. Section 3. That the City Controller is hereby authorized to pay the amount of $15,243,612.00 from the Wastewater Capital Improvement Fund as follows: VENDOR FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE 0116 DWU PS40 MPSA 4560 713212 T2RS CTDWU713212CP VS0000056543 Southland Contracting, Inc. - (Contract No. 13-212) - $15,243,612.00 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 42 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

Various ________________________________________________________________

SUBJECT Authorize a contract for the installation of wastewater interceptor mains at five locations (list attached) - S.J. Louis Construction of Texas, Ltd., lowest responsible bidder of five Not to exceed $8,492,899 - Financing: Water Utilities Capital Improvement Funds BACKGROUND This project consists of the installation of approximately 6,972 feet of wastewater mains. This includes the installation of approximately 723 feet of 8-inch, 2,975 feet of 36-inch, and 3,274 feet of 42-inch wastewater mains. Approximately 6,015 feet of wastewater mains will be installed utilizing technologies that when compared to the typical open-cut construction methods, will require less excavation, thereby minimizing disturbance to the existing pavement as well as inconveniences to the public. The existing wastewater interceptor mains were built between 1935 and 1959. These mains are contributing to increased maintenance costs, as well as wastewater main overflows. The installation of the proposed segments will improve the capacity of the wastewater system and reduce maintenance costs. S.J. Louis Construction of Texas, Ltd. contractual activities in the past three years:

Projects Authorized Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company

PBW

DWU

PKR

0 0 0 0

2 1 0 0

0 0 0 0

ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

February 2011 March 2013 October 2013 June 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with RJN Group, Inc. to provide engineering design services for the replacement or rehabilitation of water and wastewater mains in an area bounded by Loop 12, Spur 408, Interstate Highway 635, Interstate Highway 20, Dallas North Tollway, Frankford Road, and Preston Road on March 28, 2001, by Resolution No. 01-0957. FISCAL INFORMATION $8,492,899.00 - Water Utilities Capital Improvement Funds Design Construction (this action)

$ 1,572,371.00 $ 8,492,899.00

Total Project Cost

$10,065,270.00

M/WBE INFORMATION See attached. ETHNIC COMPOSITION S.J. Louis Construction of Texas, Ltd. Hispanic Female 8 Black Female 0 Other Female 0 White Female 13

Hispanic Male Black Male Other Male White Male

297 3 2 104

Agenda Date 09/11/2013 - page 2

BID INFORMATION The following bids with quotes were opened on July 18, 2013: *Denotes successful bidder Bidders *S.J. Louis Construction of Texas, Ltd. 520 South 6th Avenue Mansfield, Texas 76063 Southland Contracting, Inc. Mountain Cascade of Texas, LLC Lewis Contractors, Inc. Atkins Bros. Equipment Co., Inc.

Bid Amount $ 8,492,899.00

$ 8,608,534.00 $ 9,634,790.00 $10,808,823.00 $12,751,294.00

OWNER S.J. Louis Construction of Texas, Ltd. James L. Schueller, President and Chief Manager MAPS Attached

Agenda Date 09/11/2013 - page 3

Installation of Wastewater Interceptor Mains

District 11 Easement north of Keller Springs Road from east of Braewood Place east Easement north of Westgrove Drive from east of Bent Tree Drive east Easement north of Westgrove Drive from east of Bent Tree Drive east Easement west of State Highway 289 (Preston Road) from north of Keller Springs Road north Easement west of State Highway 289 (Preston Road) from north of Westgrove Drive north

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract for the installation of wastewater interceptor mains at five locations (list attached) - S.J. Louis Construction of Texas, Ltd., lowest responsible bidder of five - Not to exceed $8,492,899 - Financing: Water Utilities Capital Improvement Funds S.J. Louis Construction of Texas, Ltd. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount

Percent

Total local contracts Total non-local contracts

$6,367,899.00 $2,125,000.00

74.98% 25.02%

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

TOTAL CONTRACT

$8,492,899.00

100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors Non-local

Certification

Lewis Concrete Restoration Granados Trucking, Inc. LKT & Associates, LLC J.M. Materials, Inc.

HFMB18492N0115 HMMB56993N0314 WFDB55111Y1013 WFDB57114Y0414

Total Minority - Non-local

Amount

Percent

$75,000.00 $275,000.00 $1,715,000.00 $60,000.00

3.53% 12.94% 80.71% 2.82%

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

$2,125,000.00

100.00%

TOTAL M/WBE CONTRACT PARTICIPATION

African American Hispanic American Asian American Native American WBE Total

Local

Percent

Local & Non-Local

Percent

$0.00 $0.00 $0.00 $0.00 $0.00

0.00% 0.00% 0.00% 0.00% 0.00%

$0.00 $350,000.00 $0.00 $0.00 $1,775,000.00

0.00% 4.12% 0.00% 0.00% 20.90%

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

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

$0.00

0.00%

$2,125,000.00

25.02%

PRESTON RD

HARABY CT

ES TG RO VE DR

WO O D S

ASH BLUFF LN

ABBEY

ES CI

N RD

RAIL

Council District 11

N/A Water Main 8" Wastewater Main Mapsco: 5 S Council District: 11

IFF

PRESTO

BENT T

CL GE

GL E N A

L EL

G R IN

GREEN PARK DR

BBEY D

KENNINGTON CT

KOI POND CT

Easement north of Keller Springs Road from east of Braewood Place east

ÂŤ

T ON

CIR

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 4413

Water UtilitiesDepartment Department Water Utilities Contract No. 13-234 No. 13-234 Water andContract Wastewater Main Installations at 5 Locations Wastewater Interceptor Main Installations at 5 Locations

Segment 1 of 5

ROSE GROVE CT

STE

UBE

N CT

POMPTO N CT

Council District 12 TR

VISTA MEADOW DR

N/A Water Main 8" Wastewater Main Mapsco: 5 N Council District: 11 LD AI TR TO N ES

ASHBOURNE DR

ES TG

OO D S L N

ASH BLUFF LN

ABBEY W

O CT

RAM

O AEW

JER IC H

HARVEST COVE DR

Council District 11

PRESTON RD

Easement north of Westgrove Drive from east of Bent Tree Drive east

ÂŤ

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 4415

Water Utilities UtilitiesDepartment Department Water Contract No. 13-234 No. 13-234 Water andContract Wastewater Main Installations at 5 Locations Wastewater Interceptor Main Installations at 5 Locations

Segment 2 of 5

ROSE GROVE CT

KETTERING CT

N/A Water Main 8" Wastewater Main Mapsco: 5 N Council District: 11

I EW GL

RUSTIC MEADOWS DR

VISTA MEADOW DR

PRESTON RD

A ST VI

R CI

PRESTON TRAIL DR

BE TEU

Council District 11

RAM

WO O D S

ASH BLUFF LN

ABBEY

ES O R

Easement north of Westgrove Drive from east of Bent Tree Drive east

TRAIL

C FF

BENT

SAG

I ECL

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Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 4414

Segment 3 of 5

POMPTO N CT

TIMBER CREEK LN

TO N

LAUREL OAKS DR

DAVENPORT RD

RV RI VE

S L

BBEY D

GL E N A

KENNINGTON CT

Easement west of State Highway 289 (Preston Road) from north of Keller Springs Road north

A CH

C NT

Council District 12

Council District 11

T FF C

PRESTON RD

T RAI L

ECL I

GREEN PARK DR

BENT

SAG

IEW

KELLER SPRINGS RD

O AEW

N/A Water Main 42" Wastewater Main Mapsco: 5 N, S, T Council District: 11

TA D

SPRIN GS

CHI

BEN

A TO

C A N Y ON

SPRING FLOWER TRL

PRESTON RD PRES TON S ERV

WESTGROVE DR

V LE

KETTERING CT

DAVEN OAKS DR

RAN

DR REE

PRESTON RD

BEN

UB STE

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 4412

WaterUtilities UtilitiesDepartment Department Water Contract No. 13-234 No. 13-234 Water andContract Wastewater Main Installations at 5 Locations Wastewater Interceptor Main Installations at 5 Locations

Segment 4 of 5

TO N

COOLWATER CV

UB HI

LE CHLADE LN

CL CL

WORTHAM LN

PRESTWICK LN

N/A Water Main 36" Wastewater Main Mapsco: 4 M, 5 N Council District: 11

S DR

CL UB H

TOWN D R

H A R B OR

EY CIR

PAUMA VALL

Council District 12

TAMARO N CT

INVERRA RY CT

ILL DR

GENTLE KNOLL LN

KELLER SPR

T GR

W D PL

SL N

Easement west of State Highway 289 (Preston Road) from north of Westgrove Drive north

CI R PRESTON RD

TRAIL

O VE

RI VE

BENT

ABB

GR L DR RAI

AS PK

AY W

DAL L

Y KA

QUORUM DR

LL T

Y AR

KNO

WE S

DAVENPORT RD

IEW

D EW

BY C

ICH

JE R

DAVEN OAKS DR

INGS RD

HARA

TIMBER CREEK LN

R PRESTON RD

BEN

Council District 11

ED T RE

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 5670

Water Utilities Water UtilitiesDepartment Department Contract No. 13-234 No. 13-234 Water andContract Wastewater Main Installations at 5 Locations Wastewater Interceptor Main Installations at 5 Locations

Segment 5 of 5

COUNCIL CHAMBER

September 11, 2013 WHEREAS, bids were received on July 18, 2013 for the installation of water and wastewater mains at 5 locations, Contract No. 13-234, listed as follows: BIDDERS S.J. Louis Construction of Texas, Ltd. Southland Contracting, Inc. Mountain Cascade of Texas, LLC Lewis Contractors, Inc. Atkins Bros. Equipment Co., Inc.

BID AMOUNT $ 8,492,899.00 $ 8,608,534.00 $ 9,634,790.00 $10,808,823.00 $12,751,294.00

WHEREAS, the bid submitted by S.J. Louis Construction of Texas, Ltd., 520 South 6th Avenue, Mansfield, Texas 76063, in the amount of $8,492,899.00, is the lowest and best of all bids received. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the bid submitted by S.J. Louis Construction of Texas, Ltd. in the amount of $8,492,899.00, for doing the work covered by the plans, specifications, and contract documents, Contract No. 13-234, be accepted. Section 2. That the City Manager is hereby authorized to execute a contract with S.J. Louis Construction of Texas, Ltd., for the installation of wastewater interceptor mains at 5 locations, after having approval of the contract documents by the City Attorney. Section 3. That the City Controller is hereby authorized to pay the amount of $8,492,899.00 from the Wastewater Capital Improvement Fund as follows: VENDOR FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE 0116 DWU PS40 MPSA 4560 713234 T2SI CTDWU713234CP VS0000078761 S.J. Louis Construction of Texas, Ltd. - (Contract No. 13-234) - $8,492,899.00 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 43 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

1, 2, 3, 4, 6, 9, 11, 13, 14

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

Various ________________________________________________________________

SUBJECT Authorize a contract for the installation of water and wastewater mains at 26 locations (list attached) - John Burns Construction Company of Texas, Inc., lowest responsible bidder of four - Not to exceed $15,550,000 - Financing: Water Utilities Capital Improvement Funds BACKGROUND This project consists of the installation of approximately 49,487 feet of water and wastewater mains. This includes the installation of approximately 148 feet of 4-inch, 1,299 feet of 6-inch, 23,638 feet of 8-inch, 2,339 feet of 12-inch, and 275 feet of 16-inch water mains, and the installation of approximately 30 feet of 6-inch, 2,682 feet of 8-inch, 20 feet of 10-inch, 20 feet of 12-inch, 10 feet of 15-inch, 2,020 feet of 18-inch, 2,280 feet of 20-inch, 8,233 feet of 24-inch, 2,404 feet of 27-inch, 927 feet of 30-inch, 705 feet of 33-inch, and 2,457 feet of 36-inch wastewater mains. Approximately 2,756 feet of wastewater mains will be rehabilitated or installed utilizing technologies that when compared to the typical open-cut construction methods, will require less excavation, thereby minimizing disturbance to the existing pavement as well as minimizing inconveniences to the public. The existing water and wastewater mains were built between 1916 and 1970. These mains are contributing to an increase in maintenance costs as well as service interruptions. The installation of the proposed segments will improve the capacity of the water and wastewater systems and reduce maintenance costs.

BACKGROUND (Continued) John Burns Construction Company of Texas, Inc. contractual activities in the past three years:

Projects Authorized Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company

PBW

DWU

PKR

0 0 0 0

2 3 0 0

0 0 0 0

ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

October 2009 October 2012 October 2013 October 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Black & Veatch Corporation to provide engineering design services for the renewal and capacity improvements of water and wastewater mains at 28 locations on September 23, 2009, by Resolution No. 09-2331.

Agenda Date 09/11/2013 - page 2

FISCAL INFORMATION $15,550,000.00 - Water Utilities Capital Improvement Funds Design Construction (this action)

$ 2,668,634.90 $15,550,000.00

Total Project Cost

$18,218,634.90

Council District

Amount

1 2 3 4 6 9 11 13 14

$ 941,473.26 $ 4,499,287.06 $ 422,639.63 $ 421,957.40 $ 2,536,178.87 $ 296,768.74 $ 484,381.17 $ 3,409,429.43 $ 2,537,884.44

Total

$15,550,000.00

M/WBE INFORMATION See attached. ETHNIC COMPOSITION John Burns Construction Company of Texas, Inc. Hispanic Female Black Female Other Female White Female

0 0 0 3

Hispanic Male 45 Black Male 0 Other Male 0 White Male 21

Agenda Date 09/11/2013 - page 3

BID INFORMATION The following bids with quotes were opened on June 27, 2013: *Denotes successful bidder Bidders *John Burns Construction Company of Texas, Inc. 655 East Main Street Lewisville, Texas 75067 Oscar Renda Contracting, Inc. S.J. Louis Construction of Texas, Ltd. Atkins Bros. Equipment Co., Inc.

Bid Amount $15,550,000.00

$15,719,027.00 $17,493,176.00 $17,927,017.00

OWNER John Burns Construction Company of Texas, Inc. John B. O'Malley, Owner MAPS Attached

Agenda Date 09/11/2013 - page 4

Installation of Water and Wastewater Mains

District 1 Burlington Boulevard from alley west of Oak Cliff Boulevard east District 2 Carroll Avenue from Deere Street to Munger Avenue Deere Street from Fitzhugh Avenue to Carroll Avenue Fitzhugh Avenue from Fuqua Street to Deere Street Fuqua Street from Fitzhugh Avenue to Henderson Avenue Glencoe Street from Richard Avenue south Henderson Avenue from Fuqua Street to Glencoe Street Richard Avenue from Glencoe Street to Worcola Street Victor Street from Henderson Avenue to Augusta Street District 3 Bar Harbor Circle from Bar Harbor Drive south Mt. Lookout Street from Mt. Royal Street to Mt. Rainer Street Mt. Nebo Street from Mt. Royal Street to Mt. Ranier Street District 4 th

18 Street from Ewing Avenue to Harlandale Avenue Pecan Road from Canyon Street north District 6 Calypso Street from Hampton Road to Puget Street Easement east of Loop 12 (Walton Walker Boulevard) from Bernal Drive southeast Interstate Highway 35 (Stemmons Freeway) at Market Center Boulevard Southwell Road from Shady Trail east Walnut Hill Lane from east of Morrison Lane east District 9 State Highway 78 (Garland Road) from northeast of Wyatt Street northeast

Installation of Water and Wastewater Mains Page 2

District 11 Tanglecrest Drive from Birchridge Drive to Overview Drive District 13 Ridgeside Drive from Welch Road to Crestline Avenue Walnut Hill Lane from Dallas North Tollway to Surry Oaks Drive District 14 Blackburn Street from Turtle Creek Boulevard southeast Ross Avenue from Allen Street to Arts Plaza Worcola Street from Merrimac Avenue to Richard Avenue

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a contract for the installation of water and wastewater mains at 26 locations (list attached) - John Burns Construction Company of Texas, Inc., lowest responsible bidder of four - Not to exceed $15,550,000 - Financing: Water Utilities Capital Improvement Funds John Burns Construction Company of Texas, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount

Percent

Total local contracts Total non-local contracts

$11,679,897.00 $3,870,103.00

75.11% 24.89%

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

TOTAL CONTRACT

$15,550,000.00

100.00%

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

Certification

Bussey Trucking, Inc. Partnering For Success, Inc. RSC Construction, Ltd Muniz Construction, Inc. Supreme Sawing and Seal, Inc. J.E. Guzman Construction, Inc. Magnum Manhole & Underground Co.

BMMB58079Y0714 HFMB57168Y0414 HMMB54641Y0813 HMMB58123N0714 HMDB56493Y0214 HMMB56905N0314 WFDB56863Y0314

Total Minority - Local

Amount

Percent

$540,646.00 $8,400.00 $1,838,160.00 $961,895.00 $270,605.00 $1,750.00 $38,696.00

4.63% 0.07% 15.74% 8.24% 2.32% 0.01% 0.33%

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

$3,660,152.00

31.34%

Amount

Percent

Non-Local Contractors / Sub-Contractors Non-local

Certification

SHEA Services, Inc.

WFDB58250Y0714

Total Minority - Non-local

$236,348.00

6.11%

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

$236,348.00

6.11%

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY Page 2 TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$540,646.00 $3,080,810.00 $0.00 $0.00 $38,696.00

4.63% 26.38% 0.00% 0.00% 0.33%

$540,646.00 $3,080,810.00 $0.00 $0.00 $275,044.00

3.48% 19.81% 0.00% 0.00% 1.77%

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

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

Total

$3,660,152.00

31.34%

$3,896,500.00

25.06%

BROOKLYN AVE

POLK ST

WILLOMET AVE

WINNETKA AVE

CLINTON AVE

EDGEFIELD AVE

WINDOMERE AVE

MONTCLAIR AVE

ROSEMONT AVE

B LV

CLARENDON DR

EMMETT ST

BRANDON ST WR

SHARON ST

N LA

Burlington Boulevard from alley west of Oak Cliff Boulevard east

NOLTE DR LEBANON AVE

T TS

O SF

VE DA

POLK ST

EMMETT ST

8" Water Main N/A Wastewater Main Mapsco: 54 J Council District: 1

MONTCLAIR AVE

FRANKLIN ST

KINGSTON ST

ER S

BURLING TON BLVD

MARLBOROUGH AVE

EPENARD ST

Council District 1

MONTREAL AVE

CATHERINE ST

HOLLYWOOD AVE

HAMPTON RD

GLADSTONE DR

WAVERLY DR

12TH ST

BRIGHTON AVE

WENTWORTH ST

OAK CLIFF BLVD

VE NSET A

JEF F

WADDY AVE HAMPTO N RD

10TH ST

M EL

VD PL B L E L MD A L E

CASCADE AVE

ELMHURST PL

Council District: 1 10 9

2 14 1 3

7 5

4 8

PID: 4290

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 1 of 26

AV E

N O D

N O M

8" Water Main 30" Wastewater Main Mapsco: 35 Z, 45 D Council District: 2

AV E

FI T

E AV

PL T SK C U K R US R

ER EX

E AV

TO PI

M EL

E AV

O AT

AV E ER G N U M

AV E

Carroll Avenue from Deere Street to Munger Avenue

LL Y

AV E

IN C

AV E ER G N U

JA N SA

AV E

IL L

A EL

YE FA

FIC

AV E

N O M LE M

E AV

Council District 14

L EL

Council District 2

ÂŤ

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 4522

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 2 of 26

AV E L

PI TO CA

AV E

Deere Street from Fitzhugh Avenue to Carroll Avenue

AV E

ST IN C SA

AV E

ST N

AV E

RY A

N LA SE

LL Y

AV E D

E AV

LA F AYE T

EUCLID ST

T LM BE

E AV

YE FA

ST E T PE T

AV E

WY PK E FIC

ST N O D EL W

L EL

E AV

FI T

E AV

Council District 14 LEM

TO PI

AV E

N/A Water Main 36" Wastewater Main Mapsco: 35 Z Council District: 2

SEARS ST

AV E

D EL

T ET AN M

R O N A

M S LE O

T NE

ER M O H

LV IN

Council District 2

N IO MI SS

ST TT CO AL

O AT

AV E

Y XP LE RA NT CE ER V LS RA NT CE

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 4521

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 3 of 26

B FI T

AV E

N/A Water Main 27" Wastewater Main Mapsco: 35 Z, 36 W Council District: 2

A U Q

Council District 2

AV E

C A

Fitzhugh Avenue from Fuqua Street to Deere Street

ÂŤ

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 4520

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 4 of 26

AV E

SEARS ST

HOPE ST

ST A EN W O

AV E

IN 12

LET

E AV

RY A

C JA

ER G U

C OL

FO LI

E AV

Fuqua Street from Fitzhugh Avenue to Henderson Avenue

AV E

T AV

AV E

N O

LI V

AV E

ST C

S ER B M A

ST A U Q FU

FI T

S ER T IK SS

LD WE

Council District 2

E AV

L EL

AV E

E AV

AV E

TO PI

LA F AYE T

E AV

8" Water Main 27" Wastewater Main Mapsco: 36 W Council District: 2

BELL AVE

T ET

PI TO

LM BE

PL C

AV E

MELROSE AVE

AV E

GREENVILLE AVE

Council District 14

RICHM OND AVE

SUMMIT AVE

MI SS

EUCLID ST

AV E

ST R

MCMILLAN AVE

TT CO AL

ST GLENCOE ST

ST M MI LA

LE E

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 3058

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 5 of 26

8" Water Main 24" Wastewater Main Mapsco: 36 S Council District: 2

RICHARD AVE

GLENCOE ST

Council District 2

T ET

BONITA AVE

Glencoe Street from Richard Avenue south

ÂŤ

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 4516

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 6 of 26

Council District 14

GLENCOE ST

SEARS ST

PI TO

AV E

12" Water Main 24" Wastewater Main Mapsco: 36 W Council District: 2 M

Council District 2

AV E

ALTA AVE ST

AV E

EUCLID ST

CULLEN AVE

MCMILLAN AVE

MELROSE AVE

Henderson Avenue from Fuqua Street to Glencoe Street

ÂŤ

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 4515

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 7 of 26

HOMER ST

WORCOLA ST

AV E

L PI TO

RICHM OND AVE

AV E

Richard Avenue from Glencoe Street to Worcola Street

GREENVILLE AVE

AV E

T ON LM

RICHMOND AVE

BELL AVE

PROSPECT AVE

SEARS ST

ORAM ST

ALTA AVE

LEWIS ST

LA VISTA DR

HOPE ST

Council District 2

AV E

SUMMIT AVE

N IO

MI SS

MCMILLAN AVE

CULLEN AVE

AV E

MATILDA ST

SUMMIT AVE

ST TT HO

GOLIAD AVE

BONITA AVE

PALO PINTO AVE

EUCLID ST

WILLIS AVE

CO AL

E LE

N/A Water Main 24" Wastewater Main Mapsco: 36 S Council District: 2 , 14

MILLER AVE

RICHARD AVE

GOODWIN AVE

VICKERY BLVD

Council District 14

VANDERBILT AVE

GLENCOE ST

CEN

LANERI AVE

GOODWIN AVE

GLENCOE ST

T RA

L EX

RIDGE DALE AVE VANDERBILT AVE

FI T

MARQUITA AVE

DELMAR AVE

MONTICELLO AVE

LEWIS ST

Council District: 2, 2 14 10 9

2 14 1 3

7 5

4 8

PID: 4517

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 8 of 26

W ST A

S IU N

ST TH

ER ER B B LV LV D D

C VI

AV E

E AV

AV E

VI C

IE N

Council District 2

C O C LU O M LU B M IA B A IA V AV E E

G EI

O CT VI B

R O W

Council District 14

8" Water Main N/A Wastewater Main Mapsco: 46 B, C Council District: 2, 14

LT O

Victor Street from Henderson Avenue to Augusta Street

ÂŤ

Council District: 2, 14 10 9

2 14 1 3

7 5

4 8

PID: 4340

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 9 of 26

R CAS D

R R B OR D

Council District 3

CO DR

8" Water Main 8" Wastewater Main Mapsco: 64 T Council District: 3 BAR HARBOR CIR

CARA

BAR HA

ACAPUL

Bar Harbor Circle from Bar Harbor Drive south

ÂŤ

NG TI

Council District: 3 10 9

2 14 1 3

7 5

4 8

PID: 3841

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 10 of 26

R AY D ED NIC

PINK STAR DR

TOP FLIGHT DR IR AKE C KITTIW

8" Water Main N/A Wastewater Main Mapsco: 53 A, E Council District: 3

Council District 3

L YA

MT RANIER ST

RARA T ST

MT A

E UT

Mt. Lookout Street from Mt. Royal Street to Mt. Ranier Street

ST UR

LA K

L CO

ÂŤ

Council District: 3 10 9

2 14 1 3

7 5

4 8

PID: 2756

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 11 of 26

DAVIS CONN

DAVIS ST

W FO RT

FAULTLESS DR

PINK STAR DR

K LA

ST D O

MT NEBO ST

MT SHASTA ST

HO T

T RS ND

8TH ST

BA PH

S RK

T EC

OR L

AND

Council District 1

MT ROYAL ST

MATHE

MT EVEREST ST

ALBROOK ST

AT S T RAR MT A

8" Water Main N/A Wastewater Main Mapsco: 53 A, E Council District: 3

Council District 3

OK LO MT

AV E

DISMOUNT ST

MT RANIER ST

TOP FLIGHT DR KITTIWAKE CIR

L CO

OR T H

GILPIN AVE

DAVIS ST

R CT

MT PLEASA

MT WASHIN

NT ST

GTON ST

MEREDITH AVE

Mt. Nebo Street from Mt. Royal Street to Mt. Ranier Street

Council District: 3 10 9

2 14 1 3

7 5

4 8

PID: 2758

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 12 of 26

FERNWOO D AVE

GALLOWAY AVE

WACO AVE

8" Water Main 8" Wastewater Main Mapsco: 55 J Council District: 4

18TH ST EWING AVE

Council District 4

IDAHO AVE

FERNWOOD AVE

HARLANDALE AVE

FORESTER DR

WINTERS ST

18th Street from Ewing Avenue to Harlandale Avenue

ÂŤ

Council District: 4 10 9

2 14 1 3

7 5

4 8

PID: 945

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 13 of 26

MOORE ST

9TH ST

ST TH RIN CO

RD ST

ATWOO D ST

PLUM ST CL AREND

Pecan Road from Canyon Street north

TH RIN

8TH

DENLEY DR

NOAH ST

CHURCH ST

ON S

AN C T

9TH ST

CANY

MON A G H

ANTHONY ST

Council District 4

BOBBIE ST

AV E

PECAN RD

HI NS

8" Water Main N/A Wastewater Main Mapsco: 55 B Council District: 4 HART ST

SPARKS ST

DENLEY DR

MOORE ST

SPARKS ST

CLEAVES ST

MAY HALL ST

ON D R 12

Council District: 4 10 9

2 14 1 3

7 5

4 8

PID: 2768

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 14 of 26

IVANHOE LN

CALYPSO ST

HAMPTON RD

CHINKAPIN WAY

LEATH ST

BAYSIDE ST DARIEN ST

LEATH ST

ANGELINA DR PUGET ST

AK D

HAMPTON RD

Council District 6 TAN O

HARSTON ST

HAM

CANAD

A CO NN

N CO N PTO N

GOLDMAN ST

FISH TRAP RD

CANADA DR

8" Water Main N/A Wastewater Main Mapsco: 43 H, 44 E Council District: 6

HOMELAND ST

BICKERS ST

Calypso Street from Hampton Road to Puget Street

Council District: 6 10 9

2 14 1 3

7 5

4 8

PID: 2702

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 15 of 26

QU A R R Y ST

Y ST QUINC

NAL

ST RIGHT CART W

BER

P CHIP

DALLAS FT WORTH RAMP

WALTON WALKER RAMP

WIN NEQUAH ST

ST RUDER

SIVE D R

UOIS

P R OGR E S

IROQ

Easement east of Loop 12 (Walton Walker Boulevard) from Bernal Drive southeast

ER S

LEY

ON LT A W

N FA N

DALLAS FT WORTH TPKE DALLAS FT WORTH TPKE

AL W

S FE W

DALLAS FT WORTH HOV

CLYM

S LA P

HO L

PEW A DR

8" Water Main 8" Wastewater Main Mapsco: 42 T Council District: 6

SERV BLVD WALKER WALTO N ACRD WALTON WALKER

CHIP

Y TALL

MCDANIEL DR

Council District 6

S FE W

L KER

M JI

T MIKE S

T JIM S

N WA WALTO ST JEFF D R BLV V AL KE R SER ON W AL KE WALT ON W WALT

RICHEY

A ATH HIAW

DR EWA

KH L AC

D AWK

DALLAS FT WORTH HOV

IE ST

Council District: 6 10 9

2 14 1 3

7 5

4 8

PID: 5118

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 16 of 26

Council District 2

N S F WY

ON S S E

S T E MMO

S T E MM

8" Water Main N/A Wastewater Main Mapsco: 44 C Council District: 6

NT ER

N S F WY

S T E MMO

VD BL

STE

S T E MM MA

ON S S E

ON S

ACR

RK ET CE NT

Council District 6

ER VD BL

Interstate Highway 35 (Stemmons Freeway) at Market Center Boulevard

ÂŤ

Council District: 6 10 9

2 14 1 3

7 5

4 8

PID: 5495

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 17 of 26

N I NI L

MERRELL RD

SHADY TRL

WALNUT HILL LN

HAR IN RY H ES B

LADYBIRD LN

LVD

COMPOSITE DR

D TON

RD ACRD

Southwell Road from Shady Trail east

DEN

ON S A C S T E MMON S

WALNUT HILL LN

MERRELL RD

SOUTHWELL RD

MORRISON LN

ABLES LN

LVD

S T E MM

ABLES LN

12" Water Main 33" Wastewater Main Mapsco: 23 J Council District: 6

STEMMONS FWY

INE

Council District 6

BROCKBANK DR

YH RR

GLENDA LN

VIRGO LN

MONRO E DR

FABENS RD

ALLEGHENY DR

GE M

L LE O

JOE FIELD RD

ZODIAC LN

Council District 13 DR

Council District: 6 10 9

2 14 1 3

7 5

4 8

PID: 4595

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 18 of 26

MORRISON LN

12" Water Main N/A Wastewater Main Mapsco: 22 R Council District: 6

WALNUT HILL LN

LN Council District 6 WALNUT HILL

Walnut Hill Lane from east of Morrison Lane east

ÂŤ

Council District: 6 10 9

2 14 1 3

7 5

4 8

PID: 5400

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 19 of 26

BL VD

MA YF AI R

ST ON

SINCLAIR AVE

8" Water Main N/A Wastewater Main Mapsco: 38 C, D Council District: 9

Council District 9

EL CAPITAN DR

WYATT ST

State Highway 78 (Garland Road) from northeast of Wyatt Street northeast

ÂŤ

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 4183

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 20 of 26

FERNMEADO W DR

BELT LINE RD

MIDCREST DR

TANGLECREST DR CLIFFBROOK DR

GATERIDGE DR

LARCHVIEW DR

DUMONT DR

REGAL DR

CA VA L

MAPLECREST DR

I ER

OVERDALE DR

Y RD

Tanglecrest Drive from Birchridge Drive to Overview Drive

REG

COIT RD

HAYMEADOW DR

ING VALL E

STONECREST DR

EDGECREST DR

VALLEY C

REEK D R

OAKBLUFF DR

ENC

BRIAR COVE DR

SPR

LAMP POST LN

COIT RD

Council District 11

AIL

E RD

8" Water Main N/A Wastewater Main Mapsco: 16 E Council District: 11

OVERVIEW DR

MOSSVINE DR

VILL

TR A GE

BIRCHRIDGE DR

MEANDERING WAY

DENTCREST DR

BELT LIN

COTTONWOOD DR

TOPHILL LN

CARRIAGE LN

EN TANGLEGL

SPRING CREEK RD

ROLLING ACRES DR

WESTON WAY

Council District: 11 10 9

2 14 1 3

7 5

4 8

PID: 2848

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 21 of 26

HARVEST HILL RD

MILL CREEK RD RUTHDALE DR

FLINTRIDGE DR

TWIN POST RD

SUGAR MILL RD

SUGAR MILL RD RICKO VER DR

CALCULUS DR

8" Water Main N/A Wastewater Main Mapsco: 14 Y Council District: 13

SHADY BEND DR BOCA BAY DR

ECHO GLEN DR

RIDGESIDE DR

FAWNHOLLOW DR

FIELDWOOD LN

WILLOW LN

NANWOOD LN

NASHWOOD LN

WELCH RD

MYERWOOD LN CRESTLINE AVE

MIDWAY RD

Council District 13

DRUJON LN

CANDLENUT LN

HARRIET CIR

LAREN LN

ALLENCREST LN

MENDENHALL DR

FOREST LN

GOODFELLOW DR

Ridgeside Drive from Welch Road to Crestline Avenue

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 2856

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 22 of 26

PRESTON RD

JOYCE WAY STEFANI DR LUPTON DR

DESCO DR

PRESTON RD

WATSON AVE

DESCO DR PARK LN

WOODLA ND DR

DELOACHE AVE

FALLS RD

DOUGLAS AVE

ALVA CT

HATHAWAY ST

FALLS RD

LAKEHILL CT

LUPTON DR

RTH TOLLW AY

EDLEN DR

JOYCE WAY

DALLAS NO

PARK LN

N RO MI

NETHERLAND DR

WALNUT HILL LN

MEADOWBROOK DR

8" Water Main 24" Wastewater Main Mapsco: 24 R, 25 N Council District: 13

Council District 13

RAVINE DR

WAGGONER DR

MEADERS LN

INWOOD RD

NORWAY RD

SURRY OAKS Dr

WALNUT HILL LN D

NORWAY RD

WALLER DR

INWOOD RD

LINDHURST AVE

WN S

ST MARKS CIR

KELSEY RD

DORSET RD

LINDHURST AVE

PALOMAR LN YOLANDA LN

STRAIT LN

WOOD FORD DR ROCK HILL LN

LENNOX LN

MANSON CT

HOLLOW WAY RD

WELCH RD

HARRYS LN

EPPING LN

DO OV E R

URSULA LN

BROOKVIEW DR

GLOSTER RD

Walnut Hill Lane

from Dallas North Tollway to Surry Oaks Drive

DENTWOOD DR

CHATHAM HILL RD

Council District: 13 10 9

2 14 1 3

7 5

4 8

PID: 5552

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 23 of 26

REE K DR

LVD KB

TU RTLE C

AV E

TLE

TU R

IL B

B LA C K B U

16" Water Main 30" Wastewater Main Mapsco: 35 X Council District: 14

R N ST

LA VE

ÂŤ

R D

E AV

Blackburn Street from Turtle Creek Boulevard southeast

ST N

IS AV

K EE CR E TL

AV E DR

LV AN

BL VD

I ST AS

Council District 14

TU R

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 4833

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 24 of 26

C N

ST TO JA

IN ST

TO IN C

N SA

ST N RY A

ST A R FL O

Ross Avenue from Allen Street to Arts Plaza

ERV

CENT RAL S

X TE

A MP GE R S R

L L RO D

AL A CR

LI B

WO O D A

L A CRD

CENT R

EV A

CENT RA

EXPY

TS FO PL

L SERV

CENT RA

N VA

FL O

12" Water Main 20" Wastewater Main Mapsco: 45 G Council District: 14

CENT RAL

Council District 14

AV E SS O R

EXPY

CENT RAL

G OD

E SS

A OD

A CR

RAL

N CE

R AL

T EN

R MP A L L A H R

CENT

RV S E WY S F ER RS G E D RO DG L O L R D A LL O A O D W O O W

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 4834

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 25 of 26

MERCEDES AVE

LE T RA

RIDGE DALE AVE

LLANO AVE

GLENCOE ST

VELASCO AVE

M AV E

RICHM OND AVE ER

AV E

Worcola Street from Merrimac Avenue to Richard Avenue

RICHMOND AVE

BELL AVE

SEARS ST

ALTA AVE

BELMONT AVE

PROSPECT AVE

ORAM ST

SKILLMAN ST

GREENVILLE AVE

GOLIAD AVE

CLEMENTS ST

Council District 2

BONITA AVE

EUCLID ST

AV E

R ME

MI SS

PALO PINTO AVE MCMILLAN AVE

LANERI AVE

ST ST

CECILLE ST

VICKERY BLVD

CONCHO ST

VICKERY BLVD

Council District 14

CECILLE ST

GOODWIN AVE

DELMAR AVE

HOMER ST

CEN

VANDERBILT AVE

RICHARD AVE

DELMAR AVE

8" Water Main 20" Wastewater Main Mapsco: 36 N, S Council District: 14

MONTICELLO AVE

M MI LA

REVERE PL

MORNINGSIDE AVE

MERRIMAC AVE

WILLIS AVE

MARTEL AVE

MERCEDES AVE

MILLER AVE

PENROSE AVE CLEMENTS ST

MORNINGSIDE AVE

BREMEN ST

MCCOMMAS BLVD

YA VE

MATILDA ST

RA LS RA L S ERV ER V

LONGVIEW ST

XPY

KI N

CY TR A

MARTEL AVE

PENROSE AVE

WORCOLA ST

ABBOTT AVE

MATALEE AVE

BEVERLY DR

LA VISTA DR

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 4519

Water Utilities Department Contract No. 13-139/140 Water and Wastewater Main Installations at 26 Locations

Segment 26 of 26

COUNCIL CHAMBER

September 11, 2013 WHEREAS, bids were received on June 27, 2013 for the installation of water and wastewater mains at 26 locations, Contract No. 13-139/140, listed as follows: BIDDERS John Burns Construction Company of Texas, Inc. Oscar Renda Contracting, Inc. S.J. Louis Construction of Texas, Ltd. Atkins Bros. Equipment Co., Inc.

BID AMOUNT $15,550,000.00 $15,719,027.00 $17,493,176.00 $17,927,017.00

WHEREAS, the bid submitted by John Burns Construction Company of Texas, Inc., 655 East Main Street, Lewisville, Texas 75067, in the amount of $15,550,000.00, is the lowest and best of all bids received. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the bid submitted by John Burns Construction Company of Texas, Inc., in the amount of $15,550,000.00, for doing the work covered by the plans, specifications, and contract documents, Contract No. 13-139/140, be accepted. Section 2. That the City Manager is hereby authorized to execute a contract with John Burns Construction Company of Texas, Inc., for the installation of water and wastewater mains at 26 locations, after having approval of the contract documents by the City Attorney. Section 3. That the City Controller is hereby authorized to pay the amount of $15,550,000.00 from the Water Capital Improvement Fund and Wastewater Capital Improvement Fund as follows: VENDOR FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE 0115 DWU PW40 MPSA 4550 713139 W3FU CTDWU713139CP VS0000000852 John Burns Construction Company of Texas, Inc. - $8,489,038.00 VENDOR FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE 0116 DWU PS40 MPSA 4560 713140 T2RX CTDWU713140CP VS0000000852 John Burns Construction Company of Texas, Inc. - $7,060,962.00 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 44 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

Outside City Limits

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

50A N S T ________________________________________________________________

SUBJECT Authorize a Facility Extension Agreement with Oncor Electric Delivery Company LLC for the construction of Electrical Substation No. 3 at the Eastside Water Treatment Plant Not to exceed $2,312,000 - Financing: Water Utilities Capital Improvement Funds

BACKGROUND The Eastside Water Treatment Plant was originally constructed in the 1960s as a 100 million gallon per day (MGD) water treatment plant. Major expansions in the 1970s and early 1980s have increased the capacity to 440 MGD. The plant is currently under construction to increase the water treatment capacity to 540 MGD and for water quality process improvements. The expansion and process changes are needed to meet supply demands projected by the City of Dallas Long Range Water Supply Plan adopted by the City Council and to implement recommendations of the Water Quality Study completed in 2009. Previous expansions and process improvements have increased the power needs of the plant to the design limit of the current capacity of the existing electrical substations. The planned expansion to 540 MGD, improvements to the existing pumping facilities, and recommended water quality improvements will increase the future connected load and power usage beyond the current substationsâ&#x20AC;&#x2122; capacities. This item will award construction of a new Electrical Substation No. 3. The proposed substation will add the required additional transformer capacity necessary to meet the electrical demands of the plant expansion and provide improved reliability for peak load periods. Additional improvements will add more electrical loads to the existing substation further taxing its condition. The new substation will allow some existing loads to be transferred from older substations to the new substation, which will improve operational reliability by distributing the process and pumping electrical loads to differing sources.

BACKGROUND (Continued) When completed, less than 30 percent of pumping and most process improvements will be distributed between the three different substations. The proposed substation is the result of a 15-month study that included a condition assessment of the existing electrical infrastructure, evaluation of options to increase the substation capacity, renewable energy sources that can offset commercial power delivery, recommendations for plant electrical distribution improvements, and a facility electrical infrastructure plan. ESTIMATED SCHEDULE OF PROJECT Begin Construction Complete Construction

October 2013 December 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION $2,312,000.00 - Water Utilities Capital Improvement Funds MAP Attached

Agenda Date 09/11/2013 - page 2

PASCHALL RD

Y 80

HWAY

US HIG

HWAY

Project Site

ST AT E

A ER

US HW

US HIG

LONG CREEK RD

35 2 OLD BARN LN HW Y 35 2

Y 80

FORK RD

CLAY RD

US HW

K LA R

CLAY RD

ASTON DR

IN R

BEA

U DR

VILLA SIETE

NEWSOM RD CRAIG DR SCHRADE TRL

ASHLEY PL CLAY MATHIS RD

Mapsco: 50A N, Mapsco: 50A, N,S, S,TT

BERRY RD

PK ON AG PA R

EASTGLEN BLVD EASTGLEN BLVD ORIAN DR PARKER DR

D T RL

L DR

PARKWOO

SEA SHEL

PICKETTS DR

SCYENE R D

LO CHWO OD DR ELMWOOD DR

GRANADA DR

Council District: Outside City Limits

11 10

13 6

9 2 14 7 1

4 3 8

Water Water Utilities UtilitiesDepartment Department Contract No. Contract No. 13-257 13-257 Eastside Plant Eastside Water Water Treatment Treatment Plant Electrical Substation 3 Electrical Substation No. 3

1 of 1

COUNCIL CHAMBER

September 11, 2013 WHEREAS, the Eastside Water Treatment Plant is in need of additional electrical power supply to meet the electrical demands of plant expansion and provide improved reliability; and, WHEREAS, Oncor Electric Delivery Company LLC performed a Facility Study at the request of the City of Dallas to provide the basis of design for additional electrical transmission facilities as required to meet the operational demands of the Eastside Water Treatment Plant; and, WHEREAS, Oncor Electric Delivery Company LLC is requesting that the City of Dallas enter into a Facility Extension Agreement as provided for in the Oncor Tariff for Retail Delivery Service approved by the Public Utility Commission of Texas for the construction of Electrical Substation No. 3 at the Eastside Water Treatment Plant; and, WHEREAS, the City of Dallas and Oncor Electric Delivery Company LLC believe this agreement is in the best interest of both parties. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to enter into a Facility Extension Agreement with Oncor Electric Delivery Company LLC for the construction of Electrical Substation No. 3 at the Eastside Water Treatment Plant, after approval of the agreement by the City Attorney. Section 2. That the City Controller is hereby authorized to pay the amount of $2,312,000.00 from the Water Capital Improvement Fund as follows: ENCUMBRANCE VENDOR FUND DEPT UNIT ACT OBJ PRO REP 0115 DWU PW32 WTPF 4550 713257 W3EW CTDWU713257CP 255302 Oncor Electric Delivery Company LLC - (Contract No. 13-257) - $2,312,000.00 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 45 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

All

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

All ________________________________________________________________

SUBJECT Authorize (1) an 18-month master agreement for water and wastewater small services installations in the amount of $3,831,640; (2) a contract for the installation of water and wastewater mains at 12 locations in the amount of $2,652,120 (list attached); and (3) an 18-month master agreement for water and wastewater mainline extensions and emergency mainline installations and relocations at various locations in the amount of $3,240,750 with Omega Contracting, Inc., lowest responsible bidder of two - Total not to exceed $9,724,510 - Financing: Water Utilities Capital Improvement Funds ($2,652,120) and Water Utilities Capital Construction Funds ($7,072,390) BACKGROUND Part 1 of this contract in the amount of $3,831,640.00 consists of a small services 18-month master agreement for the installation of 他-inch to 2-inch water services and 6-inch wastewater connections, as needed and as requested by the Sustainable Development and Construction Department upon issuance of a permit to the property owner or developer. The fees collected to provide these services are applied to future small services agreements. Part 2 of this contract in the amount $2,652,120.00 includes the installation of approximately 120 feet of 6-inch, 6,790 feet of 8-inch, and 380 feet of 48-inch water mains, and the installation of approximately 5,800 feet of 8-inch wastewater mains. The existing water and wastewater mains were built between 1916 and 1965. These mains are contributing to an increase in maintenance costs as well as service interruptions. The installation of the proposed segments will improve the capacity of the water and wastewater systems and reduce maintenance costs.

BACKGROUND (Continued) Part 3 of this contract in the amount of $3,240,750.00 includes water and wastewater mainline extensions and consists of an 18-month master agreement as needed, in support of small services that may require extension of existing mainlines. Also included in this part of the contract are limited water and wastewater emergency mainline replacements and relocations that will allow for a quick response to certain situations in support of the Water Utilities Departmentâ&#x20AC;&#x2122;s operations. Omega Contracting, Inc. contractual activities in the past three years:

Projects Authorized Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company

PBW

DWU

PKR

5 0 0 0

2 0 0 0

0 0 0 0

ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

January 2012 April 2013 October 2013 April 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with APM & Associates, Inc. to provide engineering design services for the renewal of water and wastewater mains at 33 locations and design and surveying services for water and wastewater main relocations in advance of outside agency projects on June 13, 2012, by Resolution No. 12-1558. FISCAL INFORMATION $2,652,120.00 - Water Utilities Capital Improvement Funds $7,072,390.00 - Water Utilities Capital Construction Funds M/WBE INFORMATION See attached.

Agenda Date 09/11/2013 - page 2

ETHNIC COMPOSITION Omega Contracting, Inc. Hispanic Female Black Female Other Female White Female

4 0 1 0

Hispanic Male 108 Black Male 10 Other Male 1 White Male 26

BID INFORMATION The following bids with quotes were opened on July 11, 2013: *Denotes successful bidder Bidders *Omega Contracting, Inc. 2518 Chalk Hill Road Dallas, Texas 75212 Atkins Bros. Equipment Co., Inc.

Bid Amount $ 9,724,510.00

$11,033,713.00

OWNER Omega Contracting, Inc. Luis Spinola, President and Owner MAPS Attached

Agenda Date 09/11/2013 - page 3

Installation of Water and Wastewater Mains

District 1 Alley between Grafton Avenue and Sharon Street from Pierce Street to Superior Street McLean Avenue from Virginia Boulevard south District 2 Parkland Avenue from Maple Springs Boulevard to Crestview Drive St. Charles Avenue from alley north of Kinmore Street south District 3 Westmoreland Road from south of Interstate Highway 30 south District 4 Alley between Idaho Avenue and Maryland Avenue from Elmore Avenue to Ohio Avenue District 5 Greenmound Avenue from Toulon Lane to Triton Lane Toulon Lane from Triton Lane south District 6 Dennison Street from Borger Street to Crossman Avenue District 9 Wendover Road from Westlake Avenue to Meadow Lake Avenue District 14 Abbott Avenue from Fitzhugh Avenue to Springbrook Drive Alley between Victor Street and Reiger Avenue from Collett Avenue to Fitzhugh Avenue

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize (1) an 18-month master agreement for water and wastewater small services installations in the amount of $3,831,640; (2) a contract for the installation of water and wastewater mains at 12 locations in the amount of $2,652,120 (list attached); and (3) an 18-month master agreement for water and wastewater mainline extensions and emergency mainline installations and relocations at various locations in the amount of $3,240,750 with Omega Contracting, Inc., lowest responsible bidder of two - Total not to exceed $9,724,510 - Financing: Water Utilities Capital Improvement Funds ($2,652,120) and Water Utilities Capital Construction Funds ($7,072,390) Omega Contracting, Inc. is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount

Percent

Total local contracts Total non-local contracts

$7,758,931.00 $1,965,579.00

79.79% 20.21%

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

TOTAL CONTRACT

$9,724,510.00

100.00%

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

Certification

Partnering For Success, Inc. Omega Contracting, Inc. G & G Saw and Seal Construction Magnum Manhole & Underground Company

HFMB57168Y0414 HMMB54908Y0913 HMDB56751Y0913 WFDB56863Y0314

Total Minority - Local

Amount

Percent

$5,000.00 $7,519,031.00 $142,000.00 $20,000.00

0.06% 96.91% 1.83% 0.26%

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

$7,686,031.00

99.06%

Amount

Percent

$31,579.00 $10,000.00

1.61% 0.51%

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

$41,579.00

2.12%

Non-Local Contractors / Sub-Contractors Non-local

Certification

D. Martinez Surveying Eagle Aggregate Transportation, LLC

HMMB55587N1113 WFDB55955Y0114

Total Minority - Non-local

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY Page 2 TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$0.00 $7,666,031.00 $0.00 $0.00 $20,000.00

0.00% 98.80% 0.00% 0.00% 0.26%

$0.00 $7,697,610.00 $0.00 $0.00 $30,000.00

0.00% 79.16% 0.00% 0.00% 0.31%

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

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

Total

$7,686,031.00

99.06%

$7,727,610.00

79.47%

KINGS TON ST

TT ST RAVINIA DR

E MME

SUPERIOR ST

N ST KINGS TO

EMMETT ST

8" Water Main 8" Wastewater Main Mapsco: 53 L Council District: 1

BRANDON ST

PIERCE ST

GRAFTON AV

Council District 1

WILTON AVE

CHALMERS ST

SHARON ST

WILTON AVE

BENTLEY AVE

SEARCY DR

Alley between Grafton Avenue and Sharon Street from Pierce Street to Superior Street

Council District: 1 10 9

2 14 1 3

7 5

4 8

PID: 3637

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 1 of 12

BL VD IA IN

N/A Water Main 8" Wastewater Main Mapsco: 53 F Council District: 1

GILPIN AVE

GIBSONDELL AVE

EK D

MCLEAN AVE

DEMPSTER AVE

Council District 1

RICHMONDELL AVE

VIRGINIA BLVD

CRE

S AV

VI RG

G IN HIG

LVD LVD NB O S NB R O E S LVD F NB FER JEF O F S E J FER JEF

C OO

MB S

BURLING DELL AVE

McLean Avenue from Virginia Boulevard south

Council District: 1 10 9

2 14 1 3

7 5

4 8

PID: 5304

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 2 of 12

AV E

PLE

BLV

AV E

A LI

NG S PRI

EE FL

SIS

8" Water Main 8" Wastewater Main Mapsco: 34 U Council District: 2

EE FL

AV E

Council District 2 OD O

IE W

ET W

FL E

ST O

Parkland Avenue

from Maple Springs Boulevard to Crestview Drive

ÂŤ

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 5077

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 3 of 12

CULVER ST

FAIRVIEW AVE

8" Water Main 8" Wastewater Main Mapsco: 47 J Council District: 2

JEROME ST

OWENWOOD AVE

KINMORE ST

KINM ORE ST

ST CHARLE S AVE

Council District 2

BEEMAN AVE

FAIRVIEW AVE

JEROME ST ER

AV E

REYNOLDS AVE

St. Charles Avenue from alley north of Kinmore Street south

ÂŤ

Council District: 2 10 9

2 14 1 3

7 5

4 8

PID: 5619

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 4 of 12

Council District 6 WESTMORELAND RD WESTMO RELAND RD

DALLAS FT WORTH ACRD

DALLAS FT WORTH HOV DAL L AS F T

WO R T H A C

DALLAS FT WORTH SERV DALLAS FT WORTH TPKE DALLAS FT WORTH TPKE DALLAS FT W ORTH ACRD DAL L AS

F T WO R TH

SERV

48" Water Main N/A Wastewater Main Mapsco: 43 T Council District: 3

Council District 1 Council District 3 REMOND DR

LE HAVRE DR

Westmoreland Road from south of Interstate Highway 30 south

Council District: 3 10 9

2 14 1 3

7 5

4 8

PID: 5675

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 5 of 12

GROVER C WASHINGTON AVE

BRITTON AVE

LAMONT AVE

IDAHO AVE

8" Water Main 8" Wastewater Main Mapsco: 55 S Council District: 4

MARYLAND AVE

MARSALIS AVE

OHIO AVE

ILLINOIS AVE

MARSALIS AVE

MISSOURI AVE

ALASKA AVE

EWING AVE

ELMORE AVE

HOBSON AVE

Alley between Idaho Avenue and Maryland Avenue from Elmore Avenue to Ohio Avenue

BRITTON AVE

Council District 4

FERNWOOD AVE

MICHIGAN AVE

ARIZONA AVE

ILLINOIS AVE

HARLANDALE AVE

ARIZONA AVE

MONTANA AVE

Council District: 4 10 9

2 14 1 3

7 5

4 8

PID: 575

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 6 of 12

REVA ST

JENNIE LEE LN

8" Water Main 8" Wastewater Main Mapsco: 58 D Council District: 5

TRITON LN

FAIRHAVEN LN

MCCUTCHEON LN

TOULON LN

SCAMMEL DR

PLEASANT DR

Council District 5

GREENMOUND AVE

BARCLAY ST

Greenmound Avenue from Toulon Lane to Triton Lane

ÂŤ

Council District: 5 10 9

2 14 1 3

7 5

4 8

PID: 3872

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 7 of 12

JENNIE LEE LN

TRITON LN

FAIRHAVEN LN

Council District 5

MCCUTCHEON LN

TOULON LN

SCAMMEL DR

8" Water Main 8" Wastewater Main Mapsco: 58 D Council District: 5

GREENMOUND AVE

BARCLAY ST

Toulon Lane from Triton Lane south

ÂŤ

Council District: 5 10 9

2 14 1 3

7 5

4 8

PID: 3221

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 8 of 12

MCBROO M ST

MCBROOM ST

8" Water Main N/A Wastewater Main Mapsco: 44 K Council District: 6

WINNETKA AVE

NOMAS ST

CROSSMAN AVE

Council District 6

BORGER ST

CHICAGO ST

DENNISON ST

NOMAS ST

PUEBLO ST

Dennison Street from Borger Street to Crossman Avenue

ÂŤ

Council District: 6 10 9

2 14 1 3

7 5

4 8

PID: 5549

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 9 of 12

DEL RO

H CI R

WE N D

E AVE

8" Water Main N/A Wastewater Main Mapsco: 37 N, S Council District: 9

Council District 9

L AKE

AVE

O LA KESH

RE DR

W LA KE

COPPERFIELD LN

O AV VEL ASC

WE S T

Wendover Road from Westlake Avenue to Meadow Lake Avenue

ÂŤ

E DR

K MEADOW LA

S H OR

O VER

WE S T

SE DR

S WABA

OO D

BLVD

Council District: 9 10 9

2 14 1 3

7 5

4 8

PID: 5587

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 10 of 12

EDGEWATER ST

WA TE

8" Water Main N/A Wastewater Main Mapsco: 35 U Council District: 14

RIN

AV E

I ST AS

E AV

E CR

FIT Z

AV E

FIT Z

AV E

TR A V

IS S

O AV

A ND

ST RI

R HE

TU R

Council District 14

Abbott Avenue from Fitzhugh Avenue to Springbrook Drive

ÂŤ

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 5117

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 11 of 12

ST S IU N

Council District 14 U

8" Water Main 8" Wastewater Main Mapsco: 46 B, F Council District: 14

R BLVD

AV E

MU N GE

FI T

TO VI C

ST T N EM TR

E AV

AV E

R BLVD

M B LU I A M AV B E IA AV E C

ST M

Council District 2

AV E

EI G

AV E

B PR

MU N GE

Alley between Victor Street and Reiger Avenue from Collett Avenue to Fitzhugh Avenue

ÂŤ

Council District: 14 10 9

2 14 1 3

7 5

4 8

PID: 5112

Water Utilities Department Contract No. 13-185/186 Water and Wastewater Main Installations at 12 Locations

Segment 12 of 12

COUNCIL CHAMBER

September 11, 2013 WHEREAS, bids were received on July 11, 2013 for water and wastewater small services installations at various locations, water and wastewater main installations at 12 locations, and water and wastewater mainline extensions and emergency mainline replacements at various locations, Contract No. 13-185/186, listed as follows: BIDDERS Omega Contracting, Inc. Atkins Bros. Equipment Co., Inc.

BID AMOUNT $ 9,724,510.00 $11,033,713.00

and, WHEREAS, the bid submitted by Omega Contracting, Inc., 2518 Chalk Hill Road, Dallas, Texas 75212, in the amount of $9,724,510.00 is the lowest and best of all bids received. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the bid submitted by Omega Contracting, Inc. in the amount of $9,724,510.00, for doing the work covered by the plans, specifications, and contract documents, Contract No. 13-185/186, be accepted. Section 2. That the City Manager is hereby authorized to enter into a contract with Omega Contracting, Inc. for (1) an 18-month master agreement for water and wastewater small services installations in the amount of $3,831,640.00; (2) a contract for the installation of water and wastewater mains at 12 locations in the amount of $2,652,120.00; and (3) an 18-month master agreement for water and wastewater mainline extensions and emergency mainline installations and relocations at various locations in the amount of $3,240,750.00, after having approval of the contract documents by the City Attorney. Section 3. That the City Controller is hereby authorized to pay the amount of $9,724,510.00 from the Water Construction Fund, Wastewater Construction Fund, Water Capital Improvement Fund, and Wastewater Capital Improvement Fund as follows:

COUNCIL CHAMBER

September 11, 2013 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0115 DWU PW40 MPSA 4550 713185 W3FN CTDWU713185CP 345379 Omega Contracting, Inc. - (Contract No. 13-185) - $2,101,869.04 FUND DEPT BALANCE SHEET ACCOUNT VENDOR 0102 DWU 0531 345379 Omega Contracting, Inc. - (Contract No. 13-185) - $2,149,850.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0102 DWU CW40 HOUA 3221 713185 W3FO CTDWU713185EN 345379 Omega Contracting, Inc. - (Contract No. 13-185) - $2,131,450.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0116 DWU PS40 MPSA 4560 713186 T2RT CTDWU713186CP 345379 Omega Contracting, Inc. - (Contract No. 13-186) - $550,250.96 FUND DEPT BALANCE SHEET ACCOUNT VENDOR 0103 DWU 0531 345379 Omega Contracting, Inc. - (Contract No. 13-186) - $1,681,790.00 FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0103 DWU CS40 HOUA 3222 713186 T2RU CTDWU713186EN 345379 Omega Contracting, Inc. - (Contract No. 13-186) - $1,109,300.00 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 46 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

Outside City Limits

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

50A N S T ________________________________________________________________

SUBJECT Authorize an increase in the contract with Archer Western Contractors, LLC for additional work associated with Transfer Pump Stations 1 and 2 at the Eastside Water Treatment Plant - Not to exceed $206,741, from $25,995,346 to $26,202,087 Financing: Water Utilities Capital Improvement Funds BACKGROUND Transfer Pump Stations 1 and 2 are located at the Eastside Water Treatment Plant and pump treated water to Dallas customers and its customer cities. The Eastside Water Treatment Plant is currently undergoing expansion and improvements in other construction contracts to meet the demands projected in the Long Range Water Supply Plan adopted in 2005. The Eastside Water Treatment Plant currently supplies approximately half of the treated water delivered to the Dallas customers and its customer cities. During the course of construction work at Transfer Pump Stations 1 and 2, modifications and additions became necessary to complete the construction of the improvements. This change order includes relocation of a water main, installation of additional drains, and replacement of plant water pump bases. These items represent modifications due to latent conditions. This action also includes modifications to a roof replacement to better accommodate future construction of an abutting structure. The provision of standby stormwater pumps protects the pump stations while other projects completed stormwater conveyance improvements. A bonded storage facility is required due to City delay of project schedule.

ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Began Construction Complete Construction

February 2010 May 2010 October 2010 December 2013

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with CP&Y, Inc. to provide engineering services for improvements to Transfer Pump Stations 1 and 2 at the Eastside Water Treatment Plant on January 27, 2010, by Resolution No. 10-0345. Authorized a contract with Archer Western Contractors, Ltd. for the construction of the Eastside Water Treatment Plant improvements at Transfer Pump Stations 1 and 2 on August 11, 2010, by Resolution No. 10-1993. Authorized an increase with Archer Western Contractors, LLC, f/k/a Archer Western Contractors, Ltd. for additional work associated with the Eastside Water Treatment Plant improvements at Transfer Pump Stations 1 and 2 on April 10, 2013, by Resolution No. 13-0636. FISCAL INFORMATION $206,741.00 - Water Utilities Capital Improvement Funds Design Construction Contract Change Order No. 1 Change Order No. 2 (this action)

$ 949,766.00 $25,499,000.00 $ 496,346.00 $ 206,741.00

Total Project Cost

$27,151,853.00

M/WBE INFORMATION See attached. ETHNIC COMPOSITION Archer Western Contractors, LLC Hispanic Female 7 Black Female 1 Other Female 1 White Female 19

Hispanic Male Black Male Other Male White Male

240 13 8 188

Agenda Date 09/11/2013 - page 2

OWNER Archer Western Contractors, LLC Matthew Walsh, President MAP Attached

Agenda Date 09/11/2013 - page 3

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize an increase in the contract with Archer Western Contractors, LLC for additional work associated with Transfer Pump Stations 1 and 2 at the Eastside Water Treatment Plant - Not to exceed $206,741, from $25,995,346 to $26,202,087 Financing: Water Utilities Capital Improvement Funds Archer Western Contractors, LLC is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractor. PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount

Percent

Local contracts Non-local contracts

$51,911.40 $154,829.60

25.11% 74.89%

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

TOTAL THIS ACTION

$206,741.00

100.00%

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

Certification

Odessa Pumps

HFMB11377N0913

Total Minority - Local

Amount

Percent

$51,911.40

100.00%

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

$51,911.40

100.00%

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

$0.00 $51,911.40 $0.00 $0.00 $0.00

0.00% 25.11% 0.00% 0.00% 0.00%

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

Total

$51,911.40

Participation to Date Amount Percent $14,385.00 $563,873.40 $0.00 $0.00 $6,041,687.00

0.05% 2.15% 0.00% 0.00% 23.06%

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

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

25.11%

$6,619,945.40

25.26%

HW OLD BARN LN Y 35 2

FORK RD

US HW

Y 80

US HIG

HWAY

US HIG

HWAY 8

This Project

ST AT E

A ER

Y 80

LONG CREEK RD

35 2

PASCHALL RD

CLAY RD

US HW

K LA R

CLAY RD

ASTON DR

IN R

BERRY RD

PK ON

NEWSOM RD

BEA

U DR

VILLA SIETE

AG PA R

EASTGLEN BLVD EASTGLEN BLVD CRAIG DR SCHRADE TRL ASHLEY PL CLAY MATHIS RD

Mapsco: 50A N, S, T

ORIAN DR PARKER DR

D T RL

L DR

PARKWOO

SEA SHEL

GE T T Y S B

URG ST

SCYENE R D

LO CHWO OD DR

ELMWOOD DR

GRANADA DR

Council District: Outside City Limits

10 9

2 14 1 3

7 5

4 8

Water Utilities Department Contract No. 10-137, Change Order No. 2 Eastside Water Treatment Plant Improvements at Transfer Pump Stations 1 and 2

1 of 1

COUNCIL CHAMBER

September 11, 2013 WHEREAS, on August 11, 2010, the City Council awarded Contract No. 10-137 in the amount of $25,499,000.00, by Resolution No. 10-1993, to Archer Western Contractors, Ltd., 2121 Avenue J, Suite 103, Arlington, Texas 76006, for the construction of the Eastside Water Treatment Plant improvements at Transfer Pump Stations 1 and 2; and, WHEREAS, on April 10, 2013, the City Council awarded Change Order No. 1 in the amount of $496,346.00, by Resolution No. 13-0636 to Archer Western Contractors, LLC f/k/a Archer Western Contractors, Ltd., for additional work associated with the Eastside Water Treatment Plant improvements at Transfer Pump Stations 1 and 2; and, WHEREAS, it is now necessary to authorize Change Order No. 2 for additional work associated with Transfer Pump Stations 1 and 2 at the Eastside Water Treatment Plant; and, WHEREAS, Archer Western Contractors, LLC has submitted an acceptable proposal for this additional work; and, WHEREAS, the Water Utilities Department recommends that Contract No. 10-137 be increased by $206,741.00, from $25,995,346.00 to $26,202,087.00. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the proposed Change Order No. 2 be accepted and that Contract No. 10-137 with Archer Western Contractors, LLC, be revised accordingly. Section 2. That the City Controller is hereby authorized to pay the amount of $206,741.00 from the Water Capital Improvement Fund as follows: REP ENCUMBRANCE VENDOR FUND DEPT UNIT ACT OBJ PRO 0115 DWU PW32 WTPF 4420 710137 W3GG CTDWU710137CP 343436 Archer Western Contractors, LLC - (Contract No. 10-137) - $206,741.00 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 47 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

Outside City Limits

DEPARTMENT:

Water Utilities

CMO:

Forest E. Turner, 670-3390

MAPSCO:

1B Q R U V ________________________________________________________________

SUBJECT Authorize Supplemental Agreement No. 2 to the professional services contract with Halff Associates, Inc. for additional engineering services associated with the pre-sedimentation basins at the Elm Fork Water Treatment Plant - Not to exceed $1,779,973, from $2,736,493 to $4,516,466 - Financing: Water Utilities Capital Improvement Funds BACKGROUND This item will award Supplemental Agreement No. 2 to provide additional engineering services associated with the pre-sedimentation basins at the Elm Fork Water Treatment Plant. The additional work is necessary due to changes that have occurred since the project was placed on hold in 2006. The project has been on hold since 2006 for various reasons including funding priorities. Subsequent to the project being put on hold, there has been development in the area. The Elm Fork Water Treatment Plant Strategic Plan is being written, the President George Bush Turnpike construction has been completed, and there has potentially been regulatory and policy changes that could affect the project. The items in the Supplemental Agreement No. 2 Scope of Work include biologist expert services for compliance with State aquatic resource relocation requirements, specifically identification and relocation of State-listed threatened mussel species and fish relocation. The Supplemental Agreement No. 2 also includes engineering services to rehabilitate existing raw water intake and pipeline facilities at the Elm Fork Water Treatment Plant and application programming services for the projectâ&#x20AC;&#x2122;s instrumentation and controls components.

BACKGROUND (Continued) The Elm Fork Water Treatment Plant, located in Carrollton, Texas, is the second largest of three water treatment plants serving Dallas' customers and produces approximately 310 million gallons of drinking water per day. The estimated construction cost associated with this design project is $30,000,000. ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

August 2003 July 2013 October 2013 October 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract with Halff Associates, Inc. to provide engineering services for the Elm Fork Water Treatment Plant pre-sedimentation basins on August 27, 2003, by Resolution No. 03-2283. Authorized Supplemental Agreement No. 1 to the professional services contract with Halff Associates, Inc. for additional engineering services for the Elm Fork Water Treatment Plant pre-sedimentation basins on August 24, 2011, by Resolution No. 11-2223. FISCAL INFORMATION $1,779,973.00 - Water Utilities Capital Improvement Funds Design Supplemental Agreement No. 1 Supplemental Agreement No. 2 (this action)

$1,656,493.00 $1,080,000.00 $1,779,973.00

Total Project Cost

$4,516,466.00

M/WBE INFORMATION See attached.

Agenda Date 09/11/2013 - page 2

ETHNIC COMPOSITION Halff Associates, Inc. Hispanic Female 13 Black Female 5 Other Female 6 White Female 76

Hispanic Male 55 Black Male 8 Other Male 7 White Male 245

OWNER Halff Associates, Inc. Martin Molloy, P.E., President MAP Attached

Agenda Date 09/11/2013 - page 3

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize Supplemental Agreement No. 2 to the professional services contract with Halff Associates, Inc. for additional engineering services associated with the pre-sedimentation basins at the Elm Fork Water Treatment Plant - Not to exceed $1,779,973, from $2,736,493 to $4,516,466 - Financing: Water Utilities Capital Improvement Funds Halff Associates, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-consultants. PROJECT CATEGORY: Architecture & Engineering _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount

Percent

Local contracts Non-local contracts

$1,490,463.00 $289,510.00

83.74% 16.26%

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

TOTAL CONTRACTS

$1,779,973.00

100.00%

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

Certification

Gupta & Associates, Inc.

PMMB53601Y0513

Total Minority - Local

Amount

Percent

$120,540.00

8.09%

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

$120,540.00

8.09%

Amount

Percent

Non-Local Contractors / Sub-Contractors Non-local

Certification

Zara Environmental, LLC

WFWB21303N0315

Total Minority - Non-local

$281,510.00

97.24%

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

$281,510.00

97.24%

TOTAL M/WBE PARTICIPATION This Action Amount Percent African American Hispanic American Asian American Native American WBE

$0.00 $0.00 $120,540.00 $0.00 $281,510.00

0.00% 0.00% 6.77% 0.00% 15.82%

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

Total

$402,050.00

Participation to Date Amount Percent $201,022.00 $616,542.00 $156,520.00 $0.00 $306,510.00

4.45% 13.65% 3.47% 0.00% 6.79%

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

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

22.59%

$1,280,594.00

28.35%

Project Site

Mapsco: 1 B Q, R, U. V

Water Utilities Department Contract No. 03-273E, Supplemental Agreement No. 2 Elm Fork Water Treatment Plant Pre-Sedimentation Basins

1 of 1

COUNCIL CHAMBER

September 11, 2013 WHEREAS, on August 27, 2003, the City Council awarded Contract No. 03-273E in the amount of $1,656,493.00, by Resolution No. 03-2283, to Halff Associates, Inc., to provide engineering services for the Elm Fork Water Treatment Plant pre-sedimentation basins; and, WHEREAS, on August 24, 2011, the City Council awarded Supplemental Agreement No. 1, in the amount of $1,080,000.00, by Resolution No. 11-2223, to Halff Associates, Inc., for additional engineering services for the Elm Fork Water Treatment Plant pre-sedimentation basins; and, WHEREAS, additional engineering services associated with the pre-sedimentation basins at the Elm Fork Water Treatment Plant are required; and, WHEREAS, Halff Associates, Inc., 12225 Greenville Avenue, Suite 200, Dallas, Texas 75243, has submitted an acceptable proposal to provide these engineering services; and, WHEREAS, the Water Utilities Department recommends that Contract No. 03-273E be increased by $1,779,973.00, from $2,736,493.00 to $4,516,466,00. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the proposed Supplemental Agreement No. 2 be accepted and that Contract No. 03-273E with Halff Associates, Inc., be revised accordingly. Section 2. That the City Manager is hereby authorized to execute the contract after it has been approved as to form by the City Attorney. Section 3. That the City Controller is hereby authorized to pay the amount of $1,779,973.00 from the Water Capital Improvement Fund as follows: FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0115 DWU PW31 WTPF 4111 703273 W3EG CTDWU703273CP 089861 Halff Associates, Inc. - (Contract No. 03-273E) - $1,779,973.00 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

AGENDA ITEM # 49 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Trinity Watershed Management

CMO:

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

MAPSCO:

5C ________________________________________________________________

SUBJECT Authorize a construction contract with Jeske Construction Company, lowest responsible bidder of six, for the Upper McKamy Branch Bypass Swale â&#x20AC;&#x201C; Not to exceed $1,147,278 â&#x20AC;&#x201C; Financing: 2012 Bond Funds BACKGROUND The 2003 Bond Program included funding for the purchase of six improved properties and five unimproved properties on Creek Drive, and the design and construction of a swale parallel to McKamy Branch to protect homes on Windmill Lane and Villa Road on the east side of the creek. During design, additional properties were identified that needed to be purchased. Some of these acquisitions required condemnation, and the acquisitions costs exceeded original estimates. In addition, it was necessary to increase the length of the swale to achieve the desired results. Further construction funds were included in the 2012 Bond Program. As designed, the project removes 18 homes and one commercial property from the floodplain and provides increased protection for an additional 3 homes. This action will authorize a contract with Jeske Construction Company to construct the Upper McKamy Branch Bypass Swale project in Windmill Lane from Mapleshade Lane to Villa Road and Creek Drive from Mapleshade Lane to Oxford Drive. This project will provide a natural bypass swale parallel to the existing creek. The existing creek will be improved between Mapleshade Lane and a new overflow structure with tie-back gabions, a short pier wall, and gabion blankets for erosion control. The entire project will be fully irrigated and landscaped with various grasses, trees, and shrubs. ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction

May 2008 July 2012 September 2013 May 2014

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a professional services contract for engineering services on October 22, 2008, by Resolution No. 08-2866. Authorized Supplemental Agreement No. 1 to the professional services contract on June 12, 2012, by Resolution No. 12-1550. This item was deferred on August 28, 2013, by Councilmember Sandy Greyson. FISCAL INFORMATION 2012 Bond Funds â&#x20AC;&#x201C; $1,147,278.00 Design Supplemental Agreement No. 1

$ $

97,900.00 92,400.00

Construction (this action) Flood Protection & Storm Drainage (TWM)

$1,147,278.00

Total Project Cost

$1,337,578.00

M/WBE INFORMATION See attached. ETHNIC COMPOSITION Jeske Construction Company Hispanic Female African-American Female Other Female White Female

0 0 0 1

Hispanic Male African-American Male Other Male White Male

17 4 0 4

BID INFORMATION The following bids were quotes received and opened on July 11, 2013: *Denotes successful bidder(s)

Agenda Date 09/11/2013 - page 2

BID INFORMATION (Continued) BIDDERS *Jeske Construction Company Austin Filter Systems, Inc. DCI Contracting, Inc. Texas Standard Construction Ark Contracting Services, LLC **NASH CM, Inc.

BID AMOUNT $1,147,278.00* $1,169,316.00 $1,248,150.00 $1,249,957.00 $1,271,229.00 Non-Responsive**

** NASH CM, Inc. was deemed non-responsive due to the lack of required experience. OWNER(S) Jeske Construction Company Steve Jeske, President MAP Attached

Agenda Date 09/11/2013 - page 3

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a construction contract with Jeske Construction Company, lowest responsible bidder of six, for the Upper McKamy Branch Bypass Swale – Not to exceed $1,147,278 – Financing: 2012 Bond Funds Jeske Construction Company is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction _______________________________________________________________ LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Total local contracts Total non-local contracts TOTAL CONTRACT

Percent

$975,730.40 $171,547.60

85.05% 14.95%

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

$1,147,278.00

100.00%

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

Certification

DFW Aggregates, LLC

HFMB56271N0114

Total Minority - Local

Amount

Percent

$122,360.00

12.54%

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

$122,360.00

12.54%

Amount

Percent

$161,047.60 $10,000.00 $500.00

93.88% 5.83% 0.29%

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

$171,547.60

100.00%

Non-Local Contractors / Sub-Contractors Non-local

Certification

G.J. Seeding, LLC Champion Fuel Solutions MMG Building Services & Construction Services, LLC

WFWB57335N0414 WFDB57670Y0614 WFWB57725N0614

Total Minority - Non-local TOTAL M/WBE CONTRACT PARTICIPATION Local

Percent

Local & Non-Local

Percent

African American Hispanic American Asian American Native American WBE

$0.00 $122,360.00 $0.00 $0.00 $0.00

0.00% 12.54% 0.00% 0.00% 0.00%

$0.00 $122,360.00 $0.00 $0.00 $171,547.60

0.00% 10.67% 0.00% 0.00% 14.95%

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

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

Total

$122,360.00

12.54%

$293,907.60

25.62%

Upper McKamy Branch Bypass Swale PB03R710

MAPSCOSC

COUNCIL CHAMBER

September 11, 2013 WHEREAS, on May 23, 2008, Administrative Action No. 08-1616 authorized a professional engineering services contract with Halff Associates, Inc. to provide hydraulic analysis and preparation of the Letter of Map Revision for a flood relief by-pass swale located along Upper McKamy Branch from Mapleshade Lane to Villa Road in an amount not to exceed $24,900.00; and, WHEREAS, on October 22, 2008 Resolution No. 08-2866 authorized a professional engineering services contract with Halff Associates, Inc. for the final design and preparation of construction plans and specifications for a flood relief by-pass swale located along the Upper McKamy Branch from Mapleshade Lane to Villa Road in an amount not to exceed $73,000.00; and, WHEREAS, on June 13, 2012 Resolution No. 12-1550 authorized Supplemental Agreement to the professional services contract with Halff Associates, Inc. for additional engineering services and hydraulic model analysis in an amount not to exceed $92,400.00, increasing the contract from 73,000.00 to $165,400.00; and, WHEREAS, bids were received on July 11, 2013, for the construction of the Upper McKamy Branch By-Pass Swale as follows: *Denotes successful bidder BIDDERS *Jeske Construction Company Austin Filter Systems, Inc. DCI Contracting, Inc. Texas Standard Construction Ark Contracting Services, LLC **NASH CM, Inc.

BID AMOUNT $1,147,278.00* $1,169,316.00 $1,248,150.00 $1,249,957.00 $1,271,229.00 Non-responsive**

** NASH CM, Inc. was deemed non-responsive due to the lack of required experience.

Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to enter into a contract with Jeske Construction Company for the Upper McKamy Branch By-Pass Swale in an amount not to exceed $1,147,278.00, this being the lowest responsive bid received as indicated by the tabulation of bids.

COUNCIL CHAMBER

September 11, 2013 Section 2. That the City Manager is hereby authorized to execute the contract after it has been approved as to form by the City Attorney. Section 3. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: Flood Protection and Storm Drainage Facilities Fund Fund 1T23, Department TWM, Unit S766, Act. SDRS Obj. 4540, Program #PB12S766, CT TWM12S766L1 Vendor #083791, in an amount not to exceed

$1,147,278.00

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

AGENDA ITEM # 50 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

2, 6

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

34 X-Y 44 B-C ________________________________________________________________

SUBJECT Authorize a development agreement with Market Center Land, L.P. related to a master plan for redevelopment of the former Dallas Apparel Mart site bordered by Stemmons Freeway, Medical District Drive, Market Center Boulevard, and Trinity Railway Express Financing: No cost consideration to the City BACKGROUND Market Center Land, L.P., (â&#x20AC;&#x153;MCLâ&#x20AC;?), an affiliate of Crow Holdings has a master plan to redevelop the site commonly known as the Dallas Apparel Mart. The site is bordered by Stemmons Freeway, Medical District Drive, Market Center Boulevard, and the Trinity Railway Express. Current uses include a golf driving range (formerly occupied by the Apparel Mart), the Dallas Market Hall, a parking garage, and various other uses. The multi-phased master plan proposes medical/office, a hotel, residential, and mixed uses. Preliminary estimates for the additional development at buildout could be in the range of $300-400 million in new value. Issues such as aging storm sewers bisecting the site and the lack of modern infrastructure have hindered redevelopment of the site. MCL owns or controls the majority of property and has agreed to follow TIF District policies and guidelines. In April 2013, the TIF Board recommended an expansion of the TIF District boundary and budget to include the MCL site and other property into the District. City Council approved the boundary and plan amendments on June 12, 2013. A Phase I Proton Treatment Center project is being brought forward as the first project with a TIF funding request of $7,025,000. Proton Treatment Center, LLC (DPTC), a separate entity, has been working in conjunction with MCL to purchase the acreage for the Phase I project. Infrastructure improvements to be completed as part of Phase I are critical to facilitating future phases of the MCL master plan.

BACKGROUND (Continued) The conceptual design for the master plan has been reviewed by City staff and the City Design Studio’s Peer Review Panel and substantial conformance with its organization, massing, and pedestrian emphasis is important. As such, consideration of this development agreement with MCL related to the master plan and process for any future modifications is being brought forward as a condition of TIF support for a separate item concurrently on the agenda for DPTC’s Phase I project. This action will authorize a development agreement that outlines general terms with MCL related to the implementation of the overall master plan. There is no TIF funding directly associated with the master plan agreement; however, it is anticipated that individual projects will be brought forward separately for funding consideration. Conformance to the master plan based on specific design standards will be part of any future TIF funding consideration. MCL’s failure to comply with the City-approved master plan with modifications that may be considered based on design standards detailed in the agreement will impact the Phase I Dallas Proton Treatment Center (DPTC) project eligibility for reimbursement with TIF funds. If there is non-conformance and an inability to resolve issues as part of a design review process, the following will apply: 

If this occurs prior to completion/any reimbursement for the Phase I DPTC project, the TIF reimbursement will be capped at $3,500,000 (based on estimates of what that project would generate for the TIF district).



If this occurs after reimbursement has begun for the Phase I DPTC project, the TIF reimbursement would be capped at $3,500,000 plus any increment already paid above that amount (if that is the case) but no additional payments would be made.

Agenda Date 09/11/2013 - page 2

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On June 20, 2013, the Design District TIF District Board of Directors reviewed and recommended approval of a development agreement with Market Center Land, L.P. related to a master plan for redevelopment of the former Dallas Apparel Mart site. On September 3, 2013, a briefing was submitted to the Economic Development Committee to consider a development agreement with Market Center Land, L.P. FISCAL INFORMATION No cost consideration to the City OWNER

DEVELOPER

Market Center Land, L.P. A Texas limited liability company

Bill McMahan, Vice-President

MAP Attached.

Agenda Date 09/11/2013 - page 3

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COUNCIL CHAMBER

September 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, the City has established Tax Increment Financing Reinvestment Zone Number Eight, (“Design District TIF District” or “District”) and established a Board of Directors for the District to promote development or redevelopment in the Design District area pursuant to Ordinance No. 26021, authorized by the City Council on June 8, 2005, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code, as amended; and WHEREAS, on April 12, 2006, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Design District TIF District by Ordinance No. 26303; and WHEREAS, on June 12, 2013, City Council authorized amendments to the Design District TIF District and its Project and Reinvestment Zone Financing Plans by Ordinance No. 29037; and WHEREAS, on June 20, 2013, the Design District TIF District Board of Directors reviewed and recommended approval of a development agreement with Market Center Land, L.P. related to a master plan for redevelopment of the former Dallas Apparel Mart site; and WHEREAS, a memo was submitted to the City Council on the upcoming action to consider a development agreement with Market Center Land, L.P.; and WHEREAS, in furtherance of the Design District TIF District Project Plan and Reinvestment Zone Financing Plan, the City desires to enter into an agreement with Market Center Land, L.P. (the “Owner”) related to the implementation of a master plan for the redevelopment of the site commonly known as the Dallas Apparel Mart bordered by Stemmons Freeway, Medical District Drive, Market Center Boulevard, and Trinity Railway Express in the Design District TIF District as described in the Conceptual Masterplan attached hereto as Exhibits A1-A3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

COUNCIL CHAMBER

September 11, 2013 Section 1. That the City Manager, upon approval as to form by the City Attorney is hereby authorized to execute a development agreement with Market Center Land, L.P. related to a master plan for redevelopment of the former Dallas Apparel Mart site. 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 nothing in the resolution shall be construed to require the City to approve payment for any phase of the master plan from any source of City funds. If the Design District TIF District Board of Directors and the City authorize the expenditure of TIF funds for any phase of the master plan redevelopment for the Dallas Apparel Mart site, such approvals will not be construed to require the City to approve payment for any phase of the master plan from any source of City funds other than The Design District TIF District Fund and/or Tax Increment Bonds. Any funds that are approved to be expended under a development agreement that remain unpaid upon termination of the Design District TIF District, due to lack or unavailability of Design District TIF District Funds shall no longer be considered project costs of the Design District TIF District or the City and the obligation of the Design District TIF District to pay the Owner shall automatically expire. Section 4. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed or occur: A.

Future phases of development will comply with TIF policies including: 1. Mixed income housing (for phases with a residential component). 2. Affirmative fair housing plan (for phases with a residential component). 3. Compliance with the City’s Business Inclusion and Development (“BID”) goal of certified minority/women-owned business enterprise (M/WBE) participation. 4. Reasonable efforts to promote the hiring of neighborhood residents for any new jobs created.

Future phases of development shall be in substantial conformance with the master plan (Exhibit A1-A2) as reviewed by City Staff and the City Design Studio’s Urban Design Review Peer Review Panel (UDPRP). Specific design standards related to the implementation of the master plan will be detailed in the development agreement. Modifications to the master plan that do not conform to standards outlined in the agreement will need to undergo the TIF District’s design review process at the time of request. In addition, as individual phases of development are considered, design review on specific projects will also be required.

COUNCIL CHAMBER

September 11, 2013 Section 4. (Continued) C.

One or more Operating and Maintenance Agreements will be executed for all non-standard TIF eligible improvements associated with future phases of development. Compliance with the executed operating and maintenance agreement(s) shall be required of all future owners for the entire period of the Operating and Maintenance Agreement.

Section 5. It is important for the City of Dallas to encourage as many projects as possible in the Design District TIF District. In general, TIF District funds are allocated to projects on a pari passu basis, dependent on the portion of the increment created by the project and other projects in the District by the same developer (if TIF funds are not already all, located to those affiliated projects) in accordance with the adopted Exhibit B – Design District TIF District Increment Allocation Policy. Provisions for the Phase I Proton Treatment Center will be outlined in a separate agreement. Future phases of the MCL master plan development may also apply for separate TIF incentives; however, funding would be subject to a separate application process and project increment may not count toward the payoff of the Phase I project. MCL’s failure to comply with the City-approved master plan with modifications that may be considered based on design standards detailed in the agreement will impact the Phase I Dallas Proton Treatment Center (DPTC) project eligibility for reimbursement with TIF funds. If there is non-conformance and an inability to resolve issues as part of a design review process, the following will apply: 

If this occurs prior to completion/any reimbursement for the Phase I DPTC project, the TIF reimbursement will be capped at $3,500,000.



If this occurs after reimbursement has begun for the Phase I DPTC project, the TIF reimbursement would be capped at $3,500,000 plus any increment already paid above that amount but no additional payments would be made.

Section 6. That the Director of the Office of Economic Development, after approval and recommendation of the TIF Board, may authorize minor modifications to the master plan agreement including development mix and/or phasing strategy. Section 7. That this resolution shall take effect immediately from and after its passage In accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

Exhibit A1 Conceptual Master Plan

Sh, newTIFs/Design Dist/Apparel Mart/MCL|Council item/exhibits

The master plan illustrated is conceptual and anticipated development projects or phases are subject to market conditions and may change over time. Design standards related to implementation of the plan will be detailed in the development agreement.

Exhibit A2 â&#x20AC;&#x201C; Conceptual Phasing Plan

Sh, newTIFs/Design Dist/Apparel Mart/MCL|Council item/exhibits

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Sh, newTIFs/Design Dist/Apparel Mart/MCL|Council item/exhibits

Exhibit B TIF Increment Allocation Policy Design District TIF District Approved by the TIF Board on June 5, 2008 Amended June 20, 2013 It is important for the City of Dallas to encourage as many projects as possible in the Design District TIF District (the “Design District TIF” or “District”). In that spirit, Design District TIF funds will be allocated to Developers proportionately, based on the increment created by the Project (as defined below) and Related Projects/Developers (as defined below) within the District. Definitions: Project (TIF-eligible) - development or redevelopment that adds taxable real property value at a particular site or is a space or facility of public benefit such as open space, trails or cultural facilities. The Project has been approved for TIF funds and all requirements set forth in the development agreement have been completed. Developer – A person or entity that has completed all requirements for a TIF-eligible Project as set out in the fully executed development agreement for the Project. Related Project/Developer – if a Developer or a Developer’s affiliates (as defined in a development agreement) has other development or redevelopment projects in addition to a TIFeligible Project, increment from those Related Project(s) may be included in Individual Increment for reimbursement of the TIF-eligible Project expenses. A Developer of a TIF-eligible Project must have at least 50% ownership in any Related Project. These requirements will be further specified in a development agreement where applicable. Related Projects must create new taxable real property value for the District based on the following criteria: • •

New development on previously vacant land or demolished structures. Redevelopment or major modification of an existing building if this results in an increased taxable value of 50% or more of the original building or any increase in the floor area of an original building if the expansion is over 50% for residential projects, over 65% for mixed-use projects, and over 75% for office/showroom projects.

Total Increment – the annual amount of increment deposited into the TIF fund from the participating jurisdictions. Individual Increment – the portion of the increment that a Project or Related Project creates each year. Net Individual Increment – Individual Increment less the Project’s and/or Related Project’s portion of Administrative Expenses each year. This portion will be based on the ratio of Individual Increment to Total Increment. Administrative Expenses – the City will take a share of TIF revenue from this District for the amount it bills to the District for costs necessary for administration of the TIF District program, which may include charges from other departments, each year.

Sh/newTIFs/DD/TIF Brd/Increm Pol/Amend/IPolicy draft6-20-13

District-Wide Improvements – improvements that are not specific to a single development site such as gateways, trails, open space, public facilities, or utility/streetscape improvements benefiting multiple properties or blocks. Shared Increment – the Total Increment less (1) the portion of Administrative Expenses not already deducted from Individual Increment, (2) a set-aside for District-Wide Improvements if applicable, and (3) the sum of the Individual Increments of all eligible Developers. Available Cash - cash in the Design District TIF fund that is not already allocated, encumbered, or otherwise set aside for other purposes. Procedure: Annually, after the Total Increment has been deposited in the TIF fund, the fund will pay or set aside Administrative Expenses based on a ratio of Individual Increments and any remaining costs from unallocated increment in the TIF fund and the amount allocated for District-Wide Improvements (as described below). After Administrative Expenses and any District-Wide Improvement allocation have been paid or set aside, Developers approved for TIF funding from the Design District TIF will be eligible to receive their Net Individual Increment. In addition to their Net Individual Increment, Developers will be eligible to receive a portion of any Shared Increment. The Shared Increment allotted to an eligible Developer shall be a ratio of an eligible Developer’s Individual Increment to the sum of the Individual Increments for all Projects eligible for reimbursement for that year. Dallas Central Appraisal District (DCAD) certified values for each tax year will be the data source used to determine values for the increment allocation procedure. However, no increment allocation will be made unless a total Project or specific phase as defined in a development agreement is completed by May 1st of a given year. The City’s Director of Economic Development will make the final determination in applying future available revenues in the TIF Fund among Projects. Pre-existing Agreement This Increment Allocation Policy does not affect the Development Agreement for 1525 Turtle Creek at the District approved by City Council on August 9, 2006 by Resolution Nos. 06-2072 and 06-2073. That Project shall be reimbursed according to its Development Agreement, which states that the Developer is eligible for its own Individual Increment, the Individual Increment generated by Related Projects (as defined in the Development Agreement) and 80% of the Shared Increment after administrative expenses only (any set-aside for District-Wide Improvements will not occur until increment has been allocated to satisfy the terms of the Development Agreement). Catalyst Phase I Project for Expanded District: The District boundary and budget was expanded in 2013 to assist in facilitating the redevelopment of the former Dallas Apparel Mart site. Market Center Land, L.P., (“MCL”), an affiliate of Crow Holdings has a multi-phased master plan for the site that includes medical/office, a hotel, residential, and mixed uses.

Sh/newTIFs/DD/TIF Brd/Increm Pol/Amend/IPolicy draft6-20-13

The TIF District expansion created two sub-districts within the Design District TIF District: (1) Design District Sub-District (original district boundary plus additional property) and (2) Market Center/Stemmons Sub-District. The TIF Budget, as amended, includes consolidated budget categories for both sub-districts. However, increment collection for the district as a whole is intended to follow this increment allocation policy and will allow shared increment among both sub-districts based on eligible TIF projects in any given year. Phase I is considered a catalyst project with the Dallas Proton Treatment Center being developed by another entity in cooperation with MCL that will also include infrastructure improvements essential for other phases of the master plan. The TIF District’s obligation to the pre-existing agreement described above is anticipated to met prior to the completion of this Phase I catalyst project. For the purposes of Individual Increment for the Phase I catalyst project, related projects may include those developed by either the Phase I developer and/or MCL or its affiliates within the Market Center/Stemmons Sub-District not seeking separate TIF incentives. Pursuant to the standard provisions of this Policy once the Pre-Existing Agreement obligation is met, the project will be eligible to receive a portion of the Shared Increment after the annual set aside for District-Wide Improvements on a proportional basis (as described above).

District-Wide Improvement Set-Aside When this Policy was first adopted and based on the pre-existing agreement, the TIF Board has set-aside 20% of any Shared increment for District-Wide Improvements after administrative expenses and obligations to the pre-existing agreement. Once the pre-existing agreement for 1525 Turtle Creek at the District has been fully reimbursed the set-aside for District-Wide improvements will continue at 20%. However, if the annual balance in the District-Wide Improvement Set-Aside exceeds $500,000; the TIF Board may evaluate whether to reduce this percentage set-aide in any given year. Specific improvement projects are to be determined and the amount of this set aside will be reviewed annually based on updated financial projections and District needs. The TIF Board shall also have the discretion to release all or part of district wide set aside funds towards reimbursement of one or more TIF eligible projects. Sample Illustration (1) The following is a general example to illustrate the procedure described above until the 1525 Turtle Creek at the District Project is fully reimbursed per the pre-existing agreement: Total Increment Less Administrative Expenses Subtotal Distribution of Increment for Projects: Net Project “Individual Increment” Distribution of Shared Increment: Shared Increment Available for Distribution 80% of Shared Increment towards preexisting agreement

Sh/newTIFs/DD/TIF Brd/Increm Pol/Amend/IPolicy draft6-20-13

100 -10 90

54 -43

Subtotal (Unallocated Increment)

Distribution of Unallocated Increment: Remaining 20% of unallocated Increment for District-Wide Improvements

(2) The following is a general example to illustrate the procedure described above after the 1525 Turtle Creek at the District Project is fully reimbursed per the pre-existing agreement and with the Catalyst Phase I Project described above being the only TIF eligible project: Total Increment Less Administrative Expenses Less 20% for District-Wide Improvements Subtotal

100 -10 18 72

Catalyst Phase I Project: Individual Increment Subtotal

20 52

Distribution of Shared Increment: Net Shared Increment (allocated proportionally). If no other TIF Projects the Catalyst Project will be reimbursed from all available shared increment

(3) The following is a general example to illustrate the procedure described above after the 1525 Turtle Creek at the District Project is fully reimbursed per the pre-existing agreement and at least two TIF eligible projects: Total Increment Less Administrative Expenses Less 20% for District-Wide Improvements Subtotal

100 -10 18 72

Distribution of Increment for Projects: Catalyst Phase I Project: Individual Increment Project # 2 Individual Increment Subtotal

20 10 42

Distribution of Shared Increment: Net Shared Increment (allocated proportionally among projects).

Sh/newTIFs/DD/TIF Brd/Increm Pol/Amend/IPolicy draft6-20-13

Notes: In general, the assignment of increment will be done annually, after each participating jurisdiction has deposited its annual increment into the TIF fund. Upon completion of a Project, developers are eligible to be reimbursed for TIF eligible expenditures from Available Cash currently in the TIF fund, if any. If the appraised value of the remaining property in the TIF District decreases in value despite new development and as additional TIF Projects are approved and completed, the TIF subsidy for Projects that year may be reduced or unpaid. Similarly, if the sum of (1) Administrative Expenses, (2) District-Wide Improvements, and (3) the sum of the Individual Increments is greater than the Total Increment, then the Individual Increments shall be allotted on a proportional basis based on the ratio of each Developerâ&#x20AC;&#x2122;s Individual Increment to the sum of the Individual Increments for that year. If there is no revenue available after administrative expenses, there will be no increment payments that year. At its discretion, the Design District TIF Board may make modifications or corrections to this Policy to increase its effectiveness.

Sh/newTIFs/DD/TIF Brd/Increm Pol/Amend/IPolicy draft6-20-13

AGENDA ITEMS # 51,52 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

2, 6

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

34X-Y 44B-C ________________________________________________________________

SUBJECT Design District TIF *

Authorize a development agreement with Dallas Proton Treatment Center, LLC to reimburse eligible project costs related to the Dallas Proton Treatment Center development current address of 2300 North Stemmons Freeway in an amount not to exceed $7,025,000 from revenues accruing to Tax Increment Financing Reinvestment Zone Number Eight (Design District TIF District) - Not to exceed $7,025,000 - Financing: Design District TIF District Funds

A resolution declaring the intent of Tax Increment Financing District Reinvestment Zone Number Eight (Design District TIF District) to reimburse Dallas Proton Treatment Center, LLC up to $7,025,000, for TIF-eligible project costs pursuant to the development agreement with Dallas Proton Treatment Center, LLC - Financing: No cost consideration to the City

BACKGROUND Dallas Proton Treatment Center, LLC (“DPTC” or “Owner”) is working in conjunction with Market Center Land, L.P. (“MCL”) an affiliate of Crow Holdings on a Phase I development planned to be an 115,000 square foot state-of-the art cancer treatment facility. This will be the first project on approximately 4.6 acres of a larger multi-phased master plan for the redevelopment of the former Dallas Apparel Mart site currently owned or controlled by MCL. The facility will utilize a highly advanced form of radiation therapy performed on an outpatient basis.

BACKGROUND (Continued) The University of Texas Southwestern radiation oncology practice plan has signed a professional services agreement and a clinical services management and administrative services agreement with Advanced Particle Therapy of San Diego, California for the development of the center. The center will use proton therapy technology developed by Hitachi. The private investment in this project is estimated to exceed $88 million. TIF incentives have been requested to reimburse for the cost of infrastructure including environmental remediation, utilities, paving and streetscape. These infrastructure improvements, particularly the storm sewer utilities, are essential for other phases of the MCL master plan to be implemented. The Dallas Proton Treatment Center would be a new catalyst project for the recently expanded TIF district bridging the core of the Design District and the nearby medical district increasing employment, housing, and transportation connections. The conceptual design for the MCL master plan has been reviewed by City staff and the City Design Studio’s Peer Review Panel and substantial conformance with its organization, massing, and pedestrian emphasis is important. As such, a separate development agreement with MCL related to the master plan and process for any future modifications is being brought forward concurrently on the agenda. Under the development agreement with DPTC, eligibility for reimbursement with TIF funds is contingent on MCL’s conformance with the City approved master plan with modifications that may be considered based on design standards detailed in the separate development agreement with the City. If there is non-conformance and an inability to resolve issues as part of a design review process, the following will apply: 



The substantial equipment for the center is estimated to bring new business personal property (BPP) value of $90 million which would provide immediate benefits to the City and County general fund of approximately $717,300 and $218,790 annually, respectively. During the remaining life of the district, cumulative BPP revenue is estimated at $8.6 million (City) and $2.6 million (County).

Agenda Date 09/11/2013 -page 2

BACKGROUND (Continued) The Owner will fund TIF-eligible improvements up front and will be reimbursed solely from the Design District TIF District Fund, and/or Tax Increment Bonds, not City general funds or other City bond funds, only to the extent Design District TIF District funds are available. Funding of these TIF-eligible project costs will be made from Design District TIF District funds. ESTIMATED SCHEDULE OF PROJECT Begin Construction Complete Construction

June 2014 December 2015

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 8, 2005, City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number Eight, the Design District TIF District by Ordinance No. 26021, as amended. On April 12, 2006, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Design District TIF District by Ordinance No. 26303. On June 12, 2013, City Council authorized amendments to the Design District TIF District and its Project and Reinvestment Zone Financing Plans by Ordinance No. 29037. On June 20, 2013, the Design District TIF District Board of Directors reviewed and recommended approval of a development agreement with Dallas Proton Treatment Center, LLC and TIF funding for the project not to exceed $7,025,000, to reimburse TIF-eligible project costs. On September 3, 2013, a briefing was submitted to the Economic Development Committee to consider a development agreement with Dallas Proton Treatment Center, LLC. FISCAL INFORMATION $7,025,000 â&#x20AC;&#x201C; Design District TIF District Funds OWNER

DEVELOPER

Dallas Proton Treatment Center, LLC A Delaware limited liability company

J Jason Perry, Vice-President

Agenda Date 09/11/2013 -page 3

MAP Attached.

Agenda Date 09/11/2013 -page 4

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Project Location DART/TRE Light Rail Stations

Office of Economic Development July 2013

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COUNCIL CHAMBER

September 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, the City has established Tax Increment Financing Reinvestment Zone Number Eight, (“Design District TIF District” or “District”) and established a Board of Directors for the District to promote development or redevelopment in the Design District area pursuant to Ordinance No. 26021, authorized by the City Council on June 8, 2005, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code, as amended; and WHEREAS, on April 12, 2006, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Design District TIF District by Ordinance No. 26303; and WHEREAS, on June 12, 2013, City Council authorized amendments to the Design District TIF District and its Project and Reinvestment Zone Financing Plans by Ordinance No. 29037; and WHEREAS, on June 20, 2013, the Design District TIF District Board of Directors reviewed and recommended approval of a development agreement with Dallas Proton Treatment Center, LLC and TIF funding for the project not to exceed $7,025,000, to reimburse TIF-eligible project costs; and WHEREAS, on September 3, 2013, a briefing was submitted to the Economic Development Committee to consider a development agreement with Dallas Proton Treatment Center, LLC; and WHEREAS, in furtherance of the Design District TIF District Project Plan and Reinvestment Zone Financing Plan, the City desires to reimburse Dallas Proton Treatment Center, LLC (the “Owner”) for the costs of demolition, environmental remediation, infrastructure improvements and other eligible costs, related to the construction of the Dallas Proton Treatment Center at a site currently addressed at 2300 N. Stemmons Freeway in the Design District TIF District as described in the Conceptual Site Plan and design style concepts attached hereto as Exhibits A1-A2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

COUNCIL CHAMBER

September 11, 2013 Section 1. That the City Manager, upon approval as to form by the City Attorney is hereby authorized to execute a development agreement with Dallas Proton Treatment Center, LLC and the City of Dallas for the Dallas Proton Treatment Center development project and that future Design District TIF revenues in an amount not to exceed $7,025,000 are hereby dedicated to TIF-eligible project costs associated with the project, shown in the TIF Funded Project Budget attached hereto as Exhibit B. This project includes demolition, environmental remediation, and infrastructure improvements as part of the implementation of the Design District TIF District Project Plan and Reinvestment Zone Financing Plan. Section 2. That the facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 3. That the City Controller is hereby authorized, subject to future appropriations , to encumber and disburse funds from: Design District TIF District Fund - Fund 0050, Department ECO, Unit P825, Activity DDTD, Object 3070, Program No. DDTIF0006, CT ECOP825J231-01 Vendor No. VS0000079803, in an amount not to exceed $93,500; Design District TIF District Fund - Fund 0050, Department ECO, Unit P825, Activity DDTD, Object 4111, Program No. DDTIF0006, CT ECOP825J231-02 Vendor No. VS0000079803, in an amount not to exceed $421,494; Design District TIF District Fund - Fund 0050, Department ECO, Unit P825, Activity DDTD, Object 4510, Program No. DDTIF0006, CT ECOP825J231-03 Vendor No. VS0000079803, in an amount not to exceed $4,555,000; Design District TIF District Fund - Fund 0050, Department ECO, Unit P825, Activity DDTD, Object 4540, Program No. DDTIF0006, CT ECOP825J231-04 Vendor No. VS0000079803, in an amount not to exceed $1,475,000; Design District TIF District Fund - Fund 0050, Department ECO, Unit P825, Activity DDTD, Object 4560, Program No. DDTIF0006, CT ECOP825J231-05 Vendor No. VS0000079803, in an amount not to exceed $161,124; Design District TIF District Fund - Fund 0050, Department ECO, Unit P825, Activity DDTD, Object 4599, Program No. DDTIF0006, CT ECOP825J231-06 Vendor No. VS0000079803, in an amount not to exceed $318,882; and for a total amount not to exceed $7,025,000.

COUNCIL CHAMBER

September 11, 2013 Section 4. That the Owner shall fund demolition, environmental remediation, infrastructure improvements and other eligible costs to support the development of Dallas Proton Treatment Center currently addressed at 2300 N. Stemmons Freeway in the Design District TIF District, in an amount not to exceed $7,025,000 for the costs of TIF-eligible improvements in the Design District TIF District. Owner will be paid solely from the Design District TIF District Funds in accordance with the terms of the development agreement described in hereof, but only to the extent such Design District TIF District funds are available for such purpose. Section 5. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Design District TIF District Fund and/or Tax Increment Bonds. Any funds expended under the development agreement that remain unpaid upon termination of the Design District TIF District, due to lack or unavailability of Design District TIF District Funds shall no longer be considered project costs of the Design District TIF District or the City and the obligation of the Design District TIF District to pay the Owner shall automatically expire. Section 6. That in addition to the conditions set out in the Sections above, the Development Agreement is hereby expressly made subject to all of the following contingencies which must be performed or occur: A.

The Owner shall invest and document a minimum of $70 million in private improvements in the Project, including all land and building acquisition, site preparation, and construction hard costs (excluding soft costs and business personal property).

Development of a minimum of 100,000 square feet of medical office or commercial space.

Owner will obtain a building permit for the construction of the Project by June 30, 2014. Demolition permits and/or foundation permits alone will not fulfill this requirement.

Owner will provide public access easements, deed restrictions, or another instrument acceptable to the Director of the Office of Economic Development if street and utility improvements as part of the Project remain privately owned in order to be considered for TIF reimbursement.

Owner will obtain a letter of acceptance or similar documentation issued by the City and signifying acceptance of the TIF eligible street and infrastructure improvements by December 31, 2015.

COUNCIL CHAMBER

September 11, 2013 Section 6. (Continued) F.

Owner shall complete construction and pass final building inspection for the building shell of the Project by December 31, 2015.

Owner will execute and fund an Operating and Maintenance Agreement for all non-standard TIF eligible improvements by December 31, 2015.

Owner shall comply with the City’s Business Inclusion and Development (“BID”) goal of 25% for the TIF reimbursable improvements (hard construction costs) and shall make a good faith effort to achieve a goal of certified minority/women-owned business enterprise (M/WBE) participation for the private improvement construction of 10% of total private expenditures and meet all reporting requirements for each.

Until the Project has passed final building inspection for the building shell and all required paperwork for TIF reimbursement has been submitted, Owner shall submit to the Office of Economic Development a quarterly status report for ongoing work on the Project, as well as TIF improvements. (Exhibit C Quarterly Status Report form).

Owner shall construct public and private improvements that conform in design and materials to images and site plans approved by the Design District TIF Board of Directors and the Dallas City Design Studio as shown in Exhibit A1-A2 – conceptual site plan (which may have minor modifications due to re-platting and/or access easement changes) and design style concepts. In addition, the entry plaza area shown in Exhibit A1-A2 is anticipated to undergo design revisions with input from the City Design Studio. Modifications will need to be approved in concurrence with the Studio.

The Owner shall provide evidence that reasonable efforts were made to promote the hiring of neighborhood residents for any new jobs created.

Section 7. That upon completion of the project and satisfaction of all project requirements, and subject to the availability of Design District TIF funds, the Project shall be eligible for total TIF reimbursements in an amount not to exceed $7,025,000 in accordance with the adopted Exhibit D – Design District TIF District Increment Allocation Policy.

COUNCIL CHAMBER

September 11, 2013 Section 7. (Continued) In addition, eligibility for reimbursement with TIF funds is contingent on Market Center Land, L.P. (MCL) conformance with the City approved master plan with modifications that may be considered based on design standards detailed in the separate development agreement with the City. If there is non-conformance and an inability to resolve issues as part of a design review process, the following will apply: ď Ź

If this occurs prior to completion/any reimbursement for the Phase I DPTC project, the TIF reimbursement will be capped at $3,500,000.

ď Ź

Section 8. That the Director of the Office of Economic Development, after approval and recommendation of the TIF Board, may authorize minor modifications to the project including development mix and/or an extension of the project deadlines up to 6 months. Section 9. That this resolution shall take effect immediately from and after its passage In accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

Exhibit A1 Conceptual Site Plan

Sh, newTIFs/Design Dist/Apparel Mart/Ph I/Council

The final site plan may have minor modifications due to re-platting and/or access easement changes.

Exhibit A2 â&#x20AC;&#x201C; Conceptual Elevation

Sh, newTIFs/Design Dist/Apparel Mart/Ph I/Council

Exhibit B Dallas Proton Treatment Center â&#x20AC;&#x201C; TIF Project Budget

TIF Improvement Category

Amount

Market Center/Stemmons Sub-District: Environmental remediation & demolition Paving, streetscape & utility improvements TOTAL TIF REQUEST

$3,500 $7,021,500 $7,025,000

Related design, engineering, and professional services may be included in these categories. Expenditures may be shifted from one eligible TIF-eligible item to another as long as the total amount of TIF funding does not exceed $7,025,000. The TIF financial contribution to the project could be less if actual costs are less and/or adequate increment does not accrue to the TIF fund.

Exhibit C Quarterly Project Status Report Form

Prepared by: Project name: Report period: Required project start date: Actual project start date: (attach permits as applicable)

Required completion date: Current expected completion date: (attach Certificate of Occupancy and/or Certificates of Acceptance as applicable)

Square Footage and/or number of rooms completed:

Briefly describe project progress during this period:

Which documents did you submit to the City of Dallas Business Development & Procurement Services? When? (attach copies as applicable)

Which documents did you submit to the City of Dallas Fair Housing Department? When? (attach copies as applicable)

Exhibit D: Quarterly Status Report Describe any issues of concern with City of Dallas departments (such as Office of Economic Development, Business Development & Procurement Services, Fair Housing, Development Services, Public Works and Transportation, etc.)

Additional required attachments: â&#x20AC;˘ â&#x20AC;˘

4-8 current construction progress pictures from four sides of the project. Updated private and public improvement cost schedules if there are significant changes from original submittal.

Submitted by:

Signature:_______________________________

Printed name:____________________________

Date:___________________________________

Page 2 of 2

Exhibit D TIF Increment Allocation Policy Design District TIF District Approved by the TIF Board on June 5, 2008 Amended June 20, 2013 It is important for the City of Dallas to encourage as many projects as possible in the Design District TIF District (the “Design District TIF” or “District”). In that spirit, Design District TIF funds will be allocated to Developers proportionately, based on the increment created by the Project (as defined below) and Related Projects/Developers (as defined below) within the District. Definitions: Project (TIF-eligible) - development or redevelopment that adds taxable real property value at a particular site or is a space or facility of public benefit such as open space, trails or cultural facilities. The Project has been approved for TIF funds and all requirements set forth in the development agreement have been completed. Developer – A person or entity that has completed all requirements for a TIF-eligible Project as set out in the fully executed development agreement for the Project. Related Project/Developer – if a Developer or a Developer’s affiliates (as defined in a development agreement) has other development or redevelopment projects in addition to a TIFeligible Project, increment from those Related Project(s) may be included in Individual Increment for reimbursement of the TIF-eligible Project expenses. A Developer of a TIF-eligible Project must have at least 50% ownership in any Related Project. These requirements will be further specified in a development agreement where applicable. Related Projects must create new taxable real property value for the District based on the following criteria: • •

Sh/newTIFs/DD/TIF Brd/Increm Pol/Amend/IPolicy draft6-20-13

100 -10 90

54 -43

Subtotal (Unallocated Increment)

Distribution of Unallocated Increment: Remaining 20% of unallocated Increment for District-Wide Improvements

100 -10 18 72

Catalyst Phase I Project: Individual Increment Subtotal

20 52

Distribution of Shared Increment: Net Shared Increment (allocated proportionally). If no other TIF Projects the Catalyst Project will be reimbursed from all available shared increment

100 -10 18 72

Distribution of Increment for Projects: Catalyst Phase I Project: Individual Increment Project # 2 Individual Increment Subtotal

20 10 42

Distribution of Shared Increment: Net Shared Increment (allocated proportionally among projects).

Sh/newTIFs/DD/TIF Brd/Increm Pol/Amend/IPolicy draft6-20-13

COUNCIL CHAMBER

September 11, 2013 WHEREAS, the City recognizes the importance of its role in local economic development initiatives and programs; and WHEREAS, the City has established Tax Increment Financing Reinvestment Zone Number Eight, (“Design District TIF District” or “District”) and established a Board of Directors for the District to promote development or redevelopment in the Design District area pursuant to Ordinance No. 26021, authorized by the City Council on June 8, 2005, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code, as amended; and WHEREAS, on April 12, 2006, City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the Design District TIF District by Ordinance No. 26303; and WHEREAS, on June 12, 2013, City Council authorized amendments to the Design District TIF District and its Project and Reinvestment Zone Financing Plans by Ordinance No. 29037; and WHEREAS, on June 20, 2013, the Design District TIF District Board of Directors reviewed and recommended approval of a development agreement with Dallas Proton Treatment Center, LLC and TIF funding for the project not to exceed $7,025,000, to reimburse TIF-eligible project costs; and WHEREAS, on September 3, 2013, a briefing was submitted to the Economic Development Committee to consider a development agreement with Dallas Proton Treatment Center, LLC; and WHEREAS, in furtherance of the Design District TIF District Project Plan and Reinvestment Zone Financing Plan, the City desires to reimburse Dallas Proton Treatment Center, LLC (the “Owner”) for the costs of demolition, environmental remediation, infrastructure improvements and other eligible costs, related to the construction of the Dallas Proton Treatment Center at a site currently addressed at 2300 N. Stemmons Freeway in the Design District TIF District as described in the Conceptual Site Plan and design style concepts attached hereto as Exhibits A1-A2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the findings, determinations and certifications contained in the recitals above are incorporated herein for all purposes.

COUNCIL CHAMBER

September 11, 2013 Section 2. That the issuer expects to incur debt as one or more series of obligation for the purpose of paying the costs of the Project. The following is a general functional description of the Project for which the expenditures to be reimbursed or paid and a statement of the maximum principal amount of debt expected to be issued for such reimbursement purposes. Project Description Infrastructure improvements, demolition and environmental remediation at 2300 N. Stemmons Freeway in Reinvestment Zone Number Eight, (Design District TIF District) as shown on Exhibit B, attached hereto

Debt To Be Issued Not to exceed $7,025,000 as provided by the Project Plan and Reinvestment Zone Financing Plan

Section 3. That the total Design District TIF District participation in the cost of engineering and construction of the improvements and other TIF eligible costs for the Dallas Proton Treatment Center project shall not exceed $7,025,000 all in accordance with the terms of the said development agreement. Section 4. That nothing in the resolution shall be construed to require the City to approve payment from any source of City funds other than the Design District TIF District Fund and/or Tax Increment Bonds. Any funds expended under the development agreement that remain unpaid upon termination of the Design District TIF District, due to lack or unavailability of Design District TIF District Funds shall no longer be considered project costs of the Design District TIF District or the City and any obligation to pay Dallas Proton Treatment Center, LLC (the â&#x20AC;&#x153;Ownerâ&#x20AC;?) shall automatically expire. Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

Exhibit A1 Conceptual Site Plan

Sh, newTIFs/Design Dist/Apparel Mart/Ph I/Summaries

The final site plan may have minor modifications due to re-platting and/or access easement changes. In addition, the entry plaza area shown below is anticipated to undergo design revisions with input from the City Design Studio.

Exhibit A2 â&#x20AC;&#x201C; Conceptual Elevation

Sh, newTIFs/Design Dist/Apparel Mart/Ph I/Summaries

Exhibit B Dallas Proton Treatment Center â&#x20AC;&#x201C; TIF Project Budget

TIF Improvement Category

Amount

Market Center/Stemmons Sub-District: Environmental remediation & demolition Paving, streetscape & utility improvements TOTAL TIF REQUEST

$3,500 $7,021,500 $7,025,000

AGENDA ITEM # 53 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

34 P

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an MU-2 Mixed Use District on property zoned an IR Industrial Research District on the northeast side of Maple Avenue, southeast of Mockingbird Lane Recommendation of Staff and CPC: Approval Z123-258(AB)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER:

Z123-258 (AB)

DATE FILED: April 14, 2013

LOCATION:

Northeast side of Maple Avenue, southeast of Mockingbird Lane

COUNCIL DISTRICT: 2

MAPSCO:

SIZE OF REQUEST:

Approx. 0.61 Acres

CENSUS TRACT: 0004.06

REPRESENTATIVE/ APPLICANT:

Joe Furstenberg

OWNER:

Furstenberg Investments, Inc.

REQUEST:

An application for a MU-2 Mixed Use District on property zoned an IR Industrial Research District.

SUMMARY:

The applicant seeks to develop the property with offices or other commercial uses similar to the development occurring in the immediately surrounding area.

CPC RECOMMENDATION:

Approval

STAFF RECOMMENDATION:

Approval

34-P

Z123-258 (AB)

BACKGROUND INFORMATION: •

The request site is developed with a non-conforming, single-family home.

•

The applicant proposes to develop the property with a mix of uses allowed under an MU-2 Mixed Use District.

•

The existing IR District does not allow the applicant to develop the property in a manner similar to the surrounding areas that have been developed with MU-2 uses.

Zoning History: File No.

Request, Disposition, and Date

1. Z045-116

On April 13, 2005, the City Council approved an IR District.

2. Z045-119

On April 13, 2005, the City Council approved an IR District.

3. Z056-145/Z078-221

On March 28, 2007 City Council approved an IR District on a property zoned MU-2 District with deed restrictions/ On August 13, 2008 City Council approved an IR District on a property zoned MU-2 District with deed restrictions.

Thoroughfares/Streets: Thoroughfare/Street

Designation; Existing ROW

Mockingbird Lane

Principal Arterial; 60ft. ROW

Maple Avenue

Collector; 60ft. ROW

STAFF ANALYSIS: Land Use: Zoning

Land Use

Site

Non-conforming, single-family structure

North

Warehouse

East

Warehouse

Z123-258 (AB)

South

MU-2

Multifamily apartments

IR, MU-2 Self storage facility, retail West Comprehensive Plan: The request site’s location is considered a Campus Building Block. The Campus Building Block focuses on areas around large master-planned educational, institutional or business facilities outside of the Downtown. The University of North Texas campus was the motivating factor for creating this Building Block, although other examples exist, such as the areas around the Southwestern Medical District, the Baylor University Medical Center, the Veterans Administration Hospital and Pinnacle Park. Campus Building Blocks often act as smaller versions of a complete community and include a range of single-family and multi-family housing for students, employees and visitors. A variety of offices, shops, services, and open space should exist to support the major campus employer and area residents. Over time, areas such as UNT can take on a “university town” feel as they mature. All Campus Building Block areas should have convenient transit options as an integral component. Economic development efforts should capitalize on the spin-off employment opportunities generated by the primary employers. GOAL 1.2 Promote desired development. Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. Land Use Compatibility: The request site is developed with a non-conforming, singlefamily home. The site is currently surrounded by a self-storage facility to the north, a warehouse to the northeast and south and a multifamily complex to the south and southwest. The site is located in an area prime for various uses allowed under an MU-2 Mixed Use District. The property is the only site in the immediate vicinity developed as a singlefamily use. The dense uses to the immediate north (self storage facility), and northeast and south (warehouse), make this site undesirable for a single-family structure. The multifamily property to the south and southwest of the site is separated by Maple Avenue, which creates a buffer from future uses that the site may develop. As a result of this analysis, staff supports the request as submitted. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the applicant’s request in conjunction with a required localized traffic impact analysis, and determined the proposed uses will not negatively impact the surrounding street system. Landscaping: Article X requirements for nonresidential uses will be required prior to the issuance of a certificate of occupancy for any permitted use.

Z123-258 (AB)

List of Partners and Principal Officers: Company Name: Furstenberg Investments, LLC Furstenberg

President: Joe

Z123-258 (AB)

CPC Minutes: Z123-258(AB)

Planner: Audrey Butkus

Motion: It was moved to recommend approval of an MU-2 Mixed Use District on property zoned an IR Industrial Research District on the northeast side of Maple Avenue, southeast of Fielder Court. Maker: Wally Second: Rodgers Result: Carried: 14 to 0 For:

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

Area: For:

14 - Davis, Wally, Anglin, Culbreath, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar 0 0 1 - District 10

200 0

Mailed: 6 Against: 0

None

Z123-258 (AB)

速

VICINITY MAP

case no: Date:

1:4,800

Z123-258 7/5/2013

Z123-258 (AB)

Retail SelfStorage Facility

MU-2

Warehouse

Multi-Family

Z123-258 (AB)

2 MU-2

Z123-258 (AB)

8/8/2013

Z123-258 (AB)

Reply List of Property Owners Z123-258 6 Property Owners Notified Owners Opposed

0 Property Owners in Favor

Reply Label # Address

0 Property

Owner

6418

MAPLE AVE

FURSTENBERG INV LLC

6535

MAPLE AVE

BOARD OF REGENTS OF THE

2500

MOCKINGBIRD LN

JUSBAR LTD

2526

MOCKINGBIRD LN

TREVINO PROPERTIES LTD

6434

MAPLE AVE

6434 MAPLE PLACE LP

6333

DENTON DR

CANYON FONBERG I LP

AGENDA ITEM # 54 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

23 Y; Z

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to the development plan for Tract II-C and an ordinance granting a Specific Use Permit for a vehicle auction and storage use on property zoned Planned Development District No. 37 on the east corner of Lakefield Boulevard and Sheila Lane Recommendation of Staff and CPC: Approval of an amendment to the development plan for Tract II-C and approval of a Specific Use Permit for a five-year period, subject to a site plan and conditions Z123-271(MW)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER: Z123-271(MW)

DATE FILED: April 29, 2013

LOCATION: East corner of Lakefield Boulevard and Sheila Lane COUNCIL DISTRICT: 2

MAPSCO: 23-Y, Z

SIZE OF REQUEST: ±6.417 acres

CENSUS TRACT: 72.02

REPRESENTATIVE:

Robert Baldwin

APPLICANT:

Hargrove Interests, LLC

OWNER:

Texans Can

REQUEST:

An application to amend the development plan for Tract II-C and for a Specific Use Permit for a vehicle auction and storage use on property zoned Planned Development District No. 37

SUMMARY:

The applicant proposes to operate a vehicle auction and storage facility, consistent with the past use of the site and proposes the addition of a ±6,720-square foot building not depicted on the existing development plan.

CPC RECOMMENDATION:

Approval of an amendment to the development plan for Tract II-C and approval of a Specific Use Permit for a five-year period, subject to a site plan and conditions.

STAFF RECOMMENDATION:

Approval of an amendment to the development plan for Tract II-C and approval of a Specific Use Permit for a five-year period, subject to a site plan and conditions.

Z123-271(MW) BACKGROUND INFORMATION: •

The ±6.417-acre request site is developed with a ±3,600-square foot building, last utilized as an office associated with a previous vehicle auction and storage facility. The majority of the site is paved.

•

PDD No. 37 was approved by City Council on September 5, 1967 and has been amended several times. On February 24, 1999, the PDD was amended to create Tract II-C for I-1 Industrial District Uses and a Vehicle Auction and Storage Use by Specific Use Permit on Tract II-C only. A development plan for Tract II-C and Specific Use Permit No. 1380 were approved at that time.

•

Within PDD No. 37, a “vehicle auction and storage use” is defined as a facility for the auction of vehicles including the storage of inoperable vehicles for a period not to exceed 14 calendar days. For the purposes of this definition, “vehicles” include automobiles, trucks, boats and other conveyances.

•

Specific Use Permit No. 1380 expired on April 9, 2008 and was not renewed.

•

The request site is surrounded by undeveloped property to the northeast; retail uses to the southeast; an auto-related use to the southwest and an openenrollment charter school and warehouse use to the northwest.

Zoning History: 1.

Z112-302: On November 14, 2012, the City Council approved SUP No. 1997 for an open-enrollment charter school for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan, traffic management plan, and conditions.

Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Lakefield Boulevard

Local

80 feet

Sheila Lane

Local

50 feet

Z123-271(MW) Land Use: Land Use

Site

Zoning PDD No. 37

Vacant office

Northeast

LI; CR

Undeveloped

Southeast

PDD No. 37

Retail

Southwest

PDD No. 37 PDD No. 37 SUP No. 1997

Auto-related

Northwest

Open-enrollment charter school; warehouse

STAFF ANALYSIS: Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depicts general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. According to the forwardDallas! Vision Illustration, the subject site is within a Commercial Center or Corridor. These areas primarily function as service and job destinations and are similar to Business Centers or Corridors, but are smaller and incorporate less density. These corridors, commonly at the intersection of major streets, are easily accessed via automobiles. Buckner Boulevard is an example of a Commercial Corridor. Buildings in these areas tend to be on separate parcels and stand one to five stories with offices, restaurants and a range of retail and commercial uses. In addition to jobs and services, Commercial Centers or Corridors also may include multifamily housing in low- to 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. The applicant’s proposal to provide an open-enrollment charter school in this area of the City is consistent with the forwardDallas! Vision and further complies with the following goals and policies of the Comprehensive Plan. GOAL 1.2

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

Z123-271(MW) Land Use Compatibility: The ±6.417-acre request site is developed with a ±3,600-square foot building, last utilized as an office associated with a previous vehicle auction and storage facility. The majority of the site is paved. The applicant proposes to operate a vehicle auction and storage facility, consistent with the past use of the site and proposes the addition of a ±6,720-square foot building not depicted on the existing development plan. The request site is surrounded by undeveloped property to the northeast; retail uses to the southeast; an auto-related use to the southwest and an open-enrollment charter school and warehouse use to the northwest. It is noted that the request site is within the flight path of Dallas Love Field. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The applicant’s request is consistent with the intent of the Dallas Development Code but to ensure that the proposed use operates compatibly with the adjacent uses, staff recommends approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions. 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. 37, the vehicle auction and storage use requires one off-street parking space for each 500 square feet of site area used for vehicle auction. The applicant proposes to utilize 84,746 square feet of site area for vehicle auction, which will require 170 spaces. The applicant will provide 172 spaces as depicted on the development plan and site plan.

Z123-271(MW) Landscaping: Landscaping will be required pursuant to PDD No. 37 and is depicted on the development plan and site plan.

Z123-271(MW) CPC Action: August 8, 2013: Motion: It was moved to recommend approval of an amendment to the development plan for Tract II-C and approval a Specific Use Permit for a vehicle auction and storage use for a five-year period, subject to a site plan and revised conditions to including a provision for a 6 ft. chain link fence on property zoned Planned Development District No. 37 on the east corner of Lakefield Boulevard and Sheila Lane. Maker: Second: Result:

Wally Rodgers Carried: 14 to 0

For:

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

Against: Absent: Vacancy:

0 0 1 - District 10

Notices: Replies:

Area: For:

Speakers:

None

500 3

Mailed: Against:

39 0

Z123-271(MW) Partners/Principals/Officers: Applicant:

Hargrove Interests, LLC. Joshua B. Dunlap, Manager

Owner:

Texans Can William Blaydes, Director H.B. Bell, Director Monty Gamber, Director Delia Jasso, Director Mauricio Navarro, Chairman of the Board and President Trini Garza, Secretary Bruce Leib, Treasurer Levi Davis, Vice Chairman of the Board

Z123-271(MW) Z123-271 CPC Recommended Conditions 1.

USE: The only use authorized by this specific use permit is a vehicle auction and storage use.

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

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

SCREENING: Plant screening approved by the city arborist must be planted adjacent to the northeast line of Lakefield Boulevard, the southeast line of Sheila Lane, and the southeast boundary line of the Property as shown on the attached site plan/landscape plan. The plant screening must be located in beds and be capable of obtaining a solid appearance within three years. The plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density.

LANDSCAPING: Landscaping must be provided as shown on the attached site plan. (i)

Street trees. A minimum of 21 three-inch caliper canopy trees must be provided along the street frontages of Lakefield Boulevard and Sheila Lane and must be spaced no more than thirty feet from center of trunk to center of trunk.

(ii)

Planting. Installation of the street trees must be completed no later than six months after the issuance of a certificate of occupancy for the vehicle auction and storage use.

(iii)

Irrigation requirements. All street landscaping must be irrigated by one of the following means: a. b. c.

(iv)

an automatic irrigation system installed to comply with industry standards; placement within 200 feet of a verifiable water supply, or an alternative irrigation system approved by the building official.

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

DAYS OF OPERATION: Vehicle auctions are limited to a maximum of two days per week.

FENCING: A six-foot chain link fence must be provided on the perimeter of the property.

Z123-271(MW) 8.

INGRESS-EGRESS: Ingress and egress must be provided as shown on the attached site plan.

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

10.

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

Z123-271(MW) Proposed Development Plan and Site Plan

Z123-271(MW) Existing Development Plan

Z123-271(MW)

Mini-warehouse Auto-related

Undeveloped

Charter School

Retail

Auto-related

Z123-271(MW)

Z123-271(MW) CPC Responses

Z123-271(MW) 8/8/2013

Reply List of Property Owners Z123-271 39 Property Owners Notified

3 Property Owners in Favor

Reply Label # Address O

0 Property Owners Opposed

Owner

9400

HARGROVE DR

HARGROVE INTERESTS LLC &

3420

SHEILA LN

TEXANS CAN

3641

NORTHWEST HWY

RED BIRD I 20 CORP

9461

WEBB CHAPEL RD

SAMS REAL ESTATE BUSINESS TRUST

3102

ORADELL LN

ORADELL LANE HOLDINGS LP

3140

ORADELL LN

LIN CHANG LU ET AL

9439

HARGROVE DR

D AMBROGI P ROBERT &

9411

HARGROVE DR

RESTORATION PARTNERS LTD

3411

SHEILA LN

RAIS HOMAYOUN

3399

SHEILA LN

MCJUNKIN FAMILY LP

3315

SHEILA LN

ORADELL LANE HOLDINGS LP

9450

HARGROVE DR

SOVRAN ACQUISITION

3515

NORTHWEST HWY

PAPACHRISTOS FAMILY TRUST

3537

NORTHWEST HWY

WALTON ANDY

3529

NORTHWEST HWY

BOWER D A INC

3421

NORTHWEST HWY

COMPASS PROPERTIES INC

3505

NORTHWEST HWY

3505 3529 NORTHWEST

3350

SHEILA LN

EDDINS ENTERPRISES INC

3363

NORTHWEST HWY

BV NWH LP

3353

NORTHWEST HWY

CRISTO REY MINISTRIES

3214

ORADELL LN

GODO PROPERTIES LLC

3250

ORADELL LN

LOWEID INVESTMENTS LLC

3407

NORTHWEST HWY

GOSCHA G E &

3300

SHEILA LN

PRS GROSS I LP

3335

NORTHWEST HWY

SECURITY PORTFOLIO V LP

3001

MOCKINGBIRD LN

DALLAS CITY OF

Z123-271(MW) 8/8/2013

Reply Label # Address

Owner

2702

LOVE FIELD DR

SOUTHWEST AIRLINES CO

8020

DENTON DR

JACKS AUTO SUPPLY

7212

CEDAR SPRINGS RD

HERTZ RENT A CAR

7020

CEDAR SPRINGS RD

AVIS RENT A CAR

3407

HAWES AVE

TUCKER BLAKE C

7555

LEMMON AVE

DALLAS CITY OF

8333

LEMMON AVE

SOUTHWESTERN BELL

8008

CEDAR SPRINGS RD

DALLAS CITY OF

3377

EDWARDS AVE

NATIONAL CAR RENTAL

6828

ANSLEY AVE

ENTERPRISE RENT A CAR COMPANY

8611

LEMMON AVE

BUSINESS JET CENTER

3250

LOVE FIELD DR

MLT DEVELOPMENT

3232

LOVE FIELD DR

MLT DEVELOPMENT COMPANY

AGENDA ITEM # 55 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

15 P; T

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a mini-warehouse on property zoned an MU-2 Mixed Use District with deed restrictions on the south line of Lyndon B. Johnson Freeway, east of Spurling Drive Recommendation of Staff: Approval for a ten-year period with eligibility for automatic renewal for additional ten-year periods, subject to a site plan and conditions Recommendation of CPC: Approval for a thirty-year period with eligibility for automatic renewal for additional ten-year periods, subject to a site plan and conditions Z123-233(WE)

HONORABLE MAYOR AND CITY COUNCIL

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

FILE NUMBER:

Z123-233(WE)

DATE FILED: March 20, 2013

LOCATION:

South line of Lyndon B. Johnson Freeway, east of Spurling Drive

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 2.62 acres

CENSUS TRACT: 96.04

15-P, T

APPLICANT:

Dallas Spurling / 635 Ltd.

OWNER:

Sanford Acquisition Company, Inc

REPRESENTATIVE:

MASTERPLAN Maxwell Fisher

REQUEST:

An application for a Specific Use Permit for a miniwarehouse on property zoned an MU-2 Mixed Use District with deed restrictions.

SUMMARY:

The applicant proposes to raze an existing structure and develop a mini-warehouse use that will have a retail component on the ground floor.

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

Z123-233(WE)

BACKGROUND INFORMATION: •

The applicant’s request for a Specific Use Permit will allow for the development of a 150,848 square foot mini-warehouse. The proposed mini-warehouse use will consist of two buildings: 1) a three story, 139,989 square foot building with ground retail and 2) a one-story 10,898 square foot building that is located on the southern portion of the site.

•

The proposed mini-warehouse will also have an office/caretakers’ quarters that will not exceed 2,000 square feet of floor area. The caretakers’ quarters is an accessory use to the main use.

•

The property currently has deed restrictions that limit the height of a parking structure to a maximum height of 36 feet, and prohibit ingress and egress to the site from Spurling Road. In addition, the deed restrictions limit curb cuts onto Spurling Road to egress from the site directing vehicles towards Lyndon B. Johnson (LBJ) Freeway. The applicant proposes no changes to the existing deed restrictions.

•

The surrounding land uses consist of office and retail and personal service uses.

Zoning History:

There has been one zoning change requested in the area. 1. Z123-186

On Wednesday, June 12, 2013, the City Council approved a Planned Development District for regional mixed uses in an area generally bound by Peterson Lane, both sides of Montfort Drive, James Temple Drive and a line approximately 590 feet east of Noel Road and on property zoned an RR Regional Retail District on the northeast corner of Alpha Road and the Dallas North Tollway.

Thoroughfares/Streets: Thoroughfare/Street

Type

LBJ Freeway Spurling Road

Local

Existing ROW

Proposed ROW

Variable lane width 53 ft.

Z123-233(WE)

Land Use:

Site North South East West

Zoning MU-2 RR MF-1(A), LO-1 MU-2, MU-1, RR MU-2, GO(A)

Land Use Vacant commercial building Retail Undeveloped, Office Retail and personal service Retail and Office

COMPREHENSIVE PLAN: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicantâ&#x20AC;&#x2122;s request. The Plan identifies the request site as being in an Urban Mixed Use Building Block. The Urban Mixed-Use Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Examples include Uptown, the City Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or mid-rise commercial towers to townhomes and small corner shops. Good access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use Building Blocks offer employment and housing options and are important economic growth areas for businesses. People on foot or bike can enjoy interesting storefronts at ground level with benches, public art, on-street parking and wide sidewalks, creating an appealing streetscape. Large parking areas and other auto-oriented land uses are typically located at the edges. LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. Area Plan: The North Dallas Forum Report, adopted by the City Council in April 1988, designates the area for retail uses. The plan recommends a balanced development pattern while not adversely impacting residential developments. STAFF ANALYSIS: Land Use Compatibility: The 2.62 acres sire is located on the south side of Lyndon B. Johnson (LBJ) Freeway between Spurling Road and Preston Road. The applicant request for a Specific Use Permit will allow for the development of a 150,848 square foot mini-warehouse. The proposed mini-warehouse use will consist of two buildings; 1)

Z123-233(WE)

a three story, 139,989 square foot building with ground retail and 2) a one-story 10,898 square foot building that is located on the southern portion of the site. The property is adjoined to the north and east by retail uses on property zoned an RR Regional Retail District, MU-1 Mixed Use District and MU-2 Mixed Use District. Property to the south is zoned an LO-1 Limited Office District and is developed as an office, with a 54-foot strip of undeveloped MF-1(A) Multifamily property that is adjacent to the southern property boundary of the request site. Properties to the west are developed with retail and office uses and are zoned for MU-2 Mixed Use and NO(A) Neighborhood Districts. The request site is currently developed with a commercial structure that will be razed in order to develop a 150,848 square foot mini-warehouse facility. In addition, the property has deed restrictions that limit the height of a parking structure to a maximum height of 36 feet, and prohibit ingress and egress to the site from Spurling Road. In addition, the deed restrictions limit curb cuts onto Spurling Road to egress from the site directing vehicles towards Lyndon B. Johnson (LBJ) Freeway. The applicant proposes no changes to the existing deed restrictions. The site is situated with frontage to the Lyndon B. Johnson service road. According to the applicant’s representative, the nearest entrance / exit ramp is approximately 1 to 2 miles west of the site, which makes the site’s accessibility undesirable for retail development. Given the location and the adjoining non-residential development, the proposed use is compatible with the surrounding development. Furthermore, the only allowed access onto the site is from the service road because the current deed restrictions prohibit access to the site from Spurling 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 consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The applicant’s request, subject to the attached conditions, is consistent with the intent of the Dallas Development Code. Staff’s recommendation is for approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a revised site plan and conditions. However, the City Plan Commission recommended a

Z123-233(WE)

thirty-year period with eligibility for automatic renewal for additional ten-year periods, subject to a revised site plan and revised conditions. Development Standards: DISTRICT

MU-2 Mixed use-2

SETBACKS Front 15’

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

Density

Height

Lot Coverage

Special Standards

1.6 FAR base 2.0 FAR maximum + bonus for residential

135’ 10 stories 180’ 14 stories with retail

80%

Proximity Slope U-form setback Tower spacing Visual Intrusion

PRIMARY Uses Office, retail & personal service, lodging, residential

Landscaping: Landscaping of any development will be in accordance with Article X, as amended. The southern portion of the site is undeveloped and is zoned an MF-1(A) Multifamily District. Article X requires a 10-foot buffer strip between non-residential and residential uses; however, the applicant will provide a 20-foot buffer strip between the two districts. Parking: The Dallas Development Code requires a minimum of six off-street parking for a mini-warehouse use and a maximum of two spaces for caretakers’ quarters. The number of off-street parking required for the mini-warehouse use is 18 spaces and the applicant is providing 20 spaces. 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. Miscellaneous – conditions: The applicant has requested an initial time period of thirty years with eligibility for automatic renewals of ten-year periods. Staff cannot support the applicant’s initial time period of thirty years. Typically, staff recommends a ten year period with eligibility for automatic renewals for additional ten-year periods for mini-warehouse uses to ensure that the proposed use is compatible with the existing development.

Z123-233(WE)

CPC Action (August 8, 2013) Motion: It was moved to recommend approval of a Specific Use Permit for a mini-warehouse for a thirty-year period with eligibility for automatic renewal for additional ten-year periods, subject to a revised site plan and revised conditions to include the following: 1) Exterior Building Materials: The exterior perimeter walls of Building “B” facing south, west and north off Spurling Road shall be comprised of brick, stone, stucco, or a simulation or combination of such materials, however, if stucco is utilized it shall be limited to a maximum of 40% of the total surface area, 2) Enhanced Perimeter Buffer Strip, Trees Required: A minimum twenty-foot wide enhanced perimeter buffer strip shall be provided along the southern property. Within the buffer strip, a minimum of ten large trees, restricted to evergreen species, are required between the southern property line and Building “B.” Street trees along Spurling Road shall also be evergreen Live Oaks. Said required trees may count towards meeting the street and site tree requirements of Section (b)(3) of Article X of the Dallas Development Code. Refer to Article X of the Dallas Development Code regarding the minimum caliper size at planting, 3) Freestanding Sign: The allowable signage is governed by Article VII of the Dallas Development Code, except that on Spurling Road, freestanding signage is limited to a monument style sign no to exceed 4 square feet in effective area. The monument sign may not be internally illuminated and 4) Driveway Entrance and Exit: There will be no entrance or exit to the mini-warehouse off Spurling Road on property zoned an MU-2 Mixed Use District with deed restrictions on the south line of Lyndon B. Johnson Freeway, east of Spurling Drive. Maker: Schwartz Second: Bernbaum Result: Carried: 14 to 0 For:

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

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

Area: For:

0 0 1 - District 10 300 0

Mailed: 14 Against: 4

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

Z123-233(WE)

LIST OF OFFICERS Sanford Acquisition Company

•

W. R. Sanford

•

W.A. Sanford

LIST OF OFFICERS Dallas Spurling / 635 Ltd.

•

Charles C. Yang

Z123-233(WE)

CPC PROPOSED SUP CONDITIONS

USE: The only use authorized by this specific use permit is a mini-warehouse.

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

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

FLOOR AREA: a.

Total maximum floor area is 150,887 square feet.

b. Maximum floor area for the office is 1,384 square feet in the location shown on the attached site plan.

Z123-233(WE)

Maximum floor area for the caretaker’s quarters is 2,000 square

feet. 5.

HOURS OF OPERATION: The mini-warehouse may only operate between 8:00 a.m. and 7:00 p.m., Monday through Saturday, and between 10:00 a.m. and 4:00 p.m. on Sunday.

OUTSIDE STORAGE: Outside storage of vehicles, parking for vehicles for rent, boats, and /or equipment is prohibited.

OFF-STREET PARKING: A minimum of 19 parking spaces must be provided in the location shown on the attached site plan.

CPC’s Recommendation 8. EXTERIOR MATERIALS: The exterior perimeter walls of Building “B” facing south, west and north off Spurling Road shall be comprised of brick, stone, stucco, or a simulation or combination of such materials, however, if stucco is utilized it shall be limited to a maximum of 40% of the total surface area 9.

ENHANCED PERIMETER BUFFER STRIP, TREES REQUIRED: A minimum twenty-foot wide enhanced perimeter buffer strip shall be provided along the southern property. Within the buffer strip, a minimum of ten large trees, restricted to evergreen species, are required between the southern property line and Building “B.” Street trees along Spurling Road shall also be evergreen Live Oaks. Said required trees may count towards meeting the street and site tree requirements of Section (b)(3) of Article X of the Dallas Development Code. Refer to Article X of the Dallas Development Code regarding the minimum caliper size at planting.

10.

SIGNS: Spurling Road is limited to a monument sign no to exceed 4 square feet in effective area. The monument sign may not be internally illuminated

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.

Z123-233(WE)

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Z123-233(WE)

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Z123-233(WE)

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12850

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AGENDA ITEM # 56 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

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, SEPTEMBER 11, 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

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

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.

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:

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

Z123-252(MW) OWNER:

SM Bishop, Ltd.

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:

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.

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.

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)

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.

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.

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.

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.

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.

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;

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;

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.

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

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.

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.

(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.

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;

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)):

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.

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.

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.

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.

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)

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)

Z123-252(MW)

~n i~ ,) ~

F;; -<

.~ ._.._

W COLORA.DQ BLVD m

K idd Springs Park

W6THST

E6THST

:::; co

W NEELY ST

速

VICINITY MAP

1:6,000

Case no:

ENEELYS

Z123-252

Date: _ _ 51_ 151_ 20_13_

Z123-252(MW)

Single family

Z123-252(MW) CPC Responses

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

1001

BISHOP AVE

SM BISHOP LTD

826

HAINES AVE

NEWMAN MARTIN V B &

824

HAINES AVE

FATHERREE BILLY R

414

6TH ST

RAMIREZ JUAN DE DIOS

832

HAINES AVE

MACIAS INES

838

HAINES AVE

ALBA HECTOR

831

BISHOP AVE

J CARVER INC

835

BISHOP AVE

GOOD SPACE PARTNERS

825

BISHOP AVE

ROMERO CARLOS J &

830

BISHOP AVE

BRISTOW ANNEMARIE

826

BISHOP AVE

BLOCK KEVIN C &

834

BISHOP AVE

GAYTAN MARTHA MILAGROS

838

BISHOP AVE

MENDOZA JESSE G

839

MADISON AVE

BAIN MICHAEL D &

829

MADISON AVE

ALEXANDER BRIAN B &

904

MADISON AVE

FLORES RAMON

900

MADISON AVE

CABRALES CARLOS &

908

MADISON AVE

HENSON JESSICA

912

MADISON AVE

BELTRAN MARY A

918

MADISON AVE

DEUTSCHE BK NATL TR CO

900

BISHOP AVE

HURST KENNETH WAYNE

315

6TH ST

BISHOP PLACES LLC

908

BISHOP AVE

GOOD SPACE INC

915

MADISON AVE

STOKES BENNETT

911

MADISON AVE

PALMER LAURA A

905

MADISON AVE

FLORES RAMON &

X X

Z123-252(MW) 6/19/2013

Reply Label # Address

Owner

901

MADISON AVE

CONLEY PAMELA J

904

HAINES AVE

HAYES TRACY

900

HAINES AVE

ARAGON J W FAMILY LP

910

HAINES AVE

ORNELAS ADRIAN T

908

HAINES AVE

REA ALIBABA & OLGA E

916

HAINES AVE

COUCH KEDRIC & PAT

913

BISHOP AVE

SALDIVAR ARMANDO JR

919

BISHOP AVE

DEAN GLORIA &

911

BISHOP AVE

TORRES MARIA FELIX

905

BISHOP AVE

COLCHIN GREG & LANAE

1008

HAINES AVE

BREN AARON &

1000

HAINES AVE

SALAZAR JESUS & BLANCA E

1014

HAINES AVE

CUNYUS GEORGE MARVIN

1010

HAINES AVE

MASSONNEAU ANA I

1020

HAINES AVE

BUSTAMANTE JOSE C

1016

HAINES AVE

MOHMED JAMES & KATHERINE

1024

HAINES AVE

SOTO RAFAEL R

1028

HAINES AVE

LEJEUNE PACIA

418

NECHES ST

JUAREZ MANUEL & IRMA

1034

HAINES AVE

JUAREZ DELFINA

416

NECHES ST

BUSTAMANTE FRANCISCO &

1035

BISHOP AVE

PETERSON JAY R

1033

BISHOP AVE

CHADIMA MICHAEL J ETAL

1021

BISHOP AVE

NG SAMUEL K S

1029

BISHOP AVE

BREEDING ARNITA L

1023

BISHOP AVE

MULAS GERARDO

1019

BISHOP AVE

RENTERIA ROMUALDO D

1011

BISHOP AVE

MARTINEZ EUGENIO D &

1015

BISHOP AVE

KAVONIAN GARY D

1002

BISHOP AVE

ESTES FAMILY TRUST

1006

BISHOP AVE

FISCAL JULIO

X X X X X

Z123-252(MW) 6/19/2013

Reply Label # Address X

Owner

1012

BISHOP AVE

COLLIE NOEMI

1016

BISHOP AVE

TODD PANSY

1014

BISHOP AVE

SURETHING JOSHUA

1026

BISHOP AVE

HERRERA RAMIRO

1018

BISHOP AVE

VELASQUEZ JOSHUA

1030

BISHOP AVE

MENDOZA JESUS G SR

314

NECHES ST

HERNANDEZ FRANCISCO

1034

BISHOP AVE

LOPEZ REFUJO &

1037

MADISON AVE

CHIBLI EMILIO

1031

MADISON AVE

ROGERS LINDSEY

1023

MADISON AVE

MARTINEZ JESUS

1025

MADISON AVE

MARTINEZ JESUS &

1029

MADISON AVE

CHIBLI EMILIO & ANA

1015

MADISON AVE

MARTINEZ MAURICIO

1019

MADISON AVE

SONICK LLC

1013

MADISON AVE

JENNINGS JENNI D

1001

MADISON AVE

WRIGHT CHRISTOPHER J

1007

MADISON AVE

GRAHAM STEPHEN

1002

MADISON AVE

MONROY AMANDO

1006

MADISON AVE

MARTINEZ JOSE JUAN &

1010

MADISON AVE

ESCALANTE JOSE JESUS &

1012

MADISON AVE

SANCHEZ MARIO

1016

MADISON AVE

RANGEL JOSE DE LA LUZ

1020

MADISON AVE

VALADEZ BENITA

1024

MADISON AVE

HOPKINS ALAN

1033

HAINES AVE

MARTINEZ JOSE C &

1031

HAINES AVE

MARTINEZ MARTIN & LETICIA

1002

WOODLAWN AVE

GONZALEZ FRANCISCO R

1004

WOODLAWN AVE

ORNELAZ RAYMOND C

1014

WOODLAWN AVE

LINEBERGER PAULINE E

1010

WOODLAWN AVE

DIAZ JULIO G &

X X

Z123-252(MW) 6/19/2013

Reply Label # Address

Owner

1018

WOODLAWN AVE

PHINNEMORE MICHAEL & WENDY

1020

WOODLAWN AVE

NUCHE SAM

1024

WOODLAWN AVE

CASTANON ESTEBAN &

1028

WOODLAWN AVE

PTL FUND I LP

1032

WOODLAWN AVE

ACEVEDO HUMBERTO

1035

HAINES AVE

RAYMUNDO JOSE DE J &

1039

HAINES AVE

DEAN GLORIA

1025

HAINES AVE

FAUSTINO AUDRA ELISE

1023

HAINES AVE

KEPHART ERIC

1019

HAINES AVE

FLORES JOSE & MARIA

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

AGENDA ITEM # 57 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

48 G

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1914 for the sale or service of alcoholic beverages in conjunction with a commercial amusement (inside) on property zoned an RR-D-1 Regional Retail District with a D-1 Liquor Control Overlay south of East R.L. Thornton Freeway, west of South Buckner Boulevard Recommendation of Staff: Approval for a two-year period, subject to a revised site plan and conditions Recommendation of CPC: Approval for a three-year period, subject to a revised site plan and conditions Z123-294(MW)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER:

Z123-294(MW)

DATE FILED: May 28, 2013

LOCATION:

South of East R.L. Thornton Freeway, west of South Buckner Boulevard

COUNCIL DISTRICT: 7

MAPSCO: 48-G

SIZE OF REQUEST: ±3,298 sf

CENSUS TRACT: 122.07

REPRESENTATIVE:

Roger Albright

APPLICANT:

Garibaldi Sports Bar Private Club, Inc.

OWNER:

9334 Ltd., c/o SLJ Company, LLC, GP Louis H. Lebowitz, President

REQUEST:

An application to renew Specific Use Permit No. 1914 for the sale or service of alcoholic beverages in conjunction with a commercial amusement (inside) on property zoned an RRD-1 Regional Retail District with a D-1 Liquor Control Overlay

SUMMARY:

The applicant proposes to continue the sale and service of alcoholic beverages at the existing commercial amusement (inside).

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z123-294(MW)

BACKGROUND INFORMATION: •

The request site comprises ±3,298-sqaure feet of floor area within a ±64,000 square-foot building utilized for retail and personal service uses.

•

The request site operates as a commercial amusement (inside) which is permitted by right in the RR Regional Retail District. The sale of alcoholic beverages on the property requires a specific use permit due to the D-1 Liquor Control Overlay.

•

Specific Use Permit No. 1914 was approved on November 26, 2011 for a twoyear period.

•

The existing site plan includes a ±300-square foot dance floor, which is no longer in use. Therefore, the applicant proposes a revised site plan that excludes the dance floor.

•

The request site is surrounded by RL Thornton Freeway right–of-way to the north; surface parking to the east; retail and personal service uses to the south and retail uses to the west.

Zoning History: There have been no recent zoning in the vicinity of the request site. Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

R.L. Thornton Freeway

Interstate Highway

Variable

Buckner Boulevard

Principal Arterial

Variable

Land Use: Zoning

Land Use

Site

RR-D-1

Commercial amusement (inside)

North

RR-D-1

Right-of-way

East

RR-D-1

Surface parking

South

RR-D-1

Retail and personal services

West

RR-D-1

Retail

Z123-294(MW) STAFF ANALYSIS: Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depicts general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The Vision Illustration depicts the request site as within a Business Center or Corridor Building Block. This Building Block represents major employment or shopping destinations outside of Downtown. Examples include the Galleria area, the NorthPark Center area, Southwest Center Mall area at I-20 and US Hwy 67 and the Stemmons Corridor. Business Centers are usually at major intersections or along highways or major arterials and rely heavily on car access. These areas typically include high-rise office towers and low- to mid-rise residential buildings for condos or apartments and may include multifamily housing. Land uses are typically separated from one another by parking lots, freeways or arterial roads. Streets in these areas emphasize efficient movement of vehicles. Bold lighting and linear landscaping features such as esplanades and tree-lined boulevards can all work to distinguish and identify these areas. Public spaces may be at key entry points and central locations. Gateway landscaping, monuments and other devices will provide visibility from the freeway and guide visitors to destinations. Public transit may play a role in these areas and help create some pockets of transit oriented development. Business Centers and Corridors provide important concentrations of employment within Dallas that compete with suburban areas. In general, the applicant’s request for a Specific Use Permit for the sale and service of alcoholic beverages in conjunction with a commercial amusement (inside) is consistent with the following goal and policy of the Comprehensive Plan. LAND USE ELEMENT Goal 1.1:

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

Land Use Compatibility: The request site comprises ±3,298-sqaure feet of floor area within a ±64,000 squarefoot building utilized for retail and personal service uses. The request site operates as a commercial amusement (inside) which is permitted by right in the RR Regional Retail District. The sale of alcoholic beverages on the property requires a specific use permit due to the D-1 Liquor Control Overlay. Specific Use Permit No. 1914 was approved on November 26, 2011 for a two-year period. The existing site plan includes a ±300-square

Z123-294(MW) foot dance floor, which is no longer in use. Therefore, the applicant proposes a revised site plan that excludes the dance floor. The request site is surrounded by RL Thornton Freeway rightâ&#x20AC;&#x201C;of-way to the north; surface parking to the east; retail and personal service uses to the south and retail uses to the west. The "D-1" Overlay District is a Liquor Control Overlay District which requires an individual to obtain a Specific Use Permit in order to sell or serve alcoholic beverages, or setups for alcoholic beverages, for consumption on or off the premises. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The request complies with the general provisions for consideration of a Specific Use Permit. Therefore, staff recommends approval for a two-year period, subject to a site plan and conditions. Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Development and Construction has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. Parking: Parking must be provided pursuant to Â§51A-4.200 of the Dallas Development Code. The commercial amusement (inside) requires one (1) space per 100 square feet of floor area; the dance hall portion requires one (1) space per 25 square feet of dance floor. Therefore, 42 spaces are required. Landscaping: Landscaping is required in accordance with Article X of the Dallas Development Code. However, the applicantâ&#x20AC;&#x2122;s request will not trigger any Article X requirements, as no new construction is proposed on the site.

Z123-294(MW) CPC Action: August 8, 2013: Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1914 for the sale or service of alcoholic beverages in conjunction with a commercial amusement (inside) for a three-year period, subject to a revised site plan to exclude the dance floor and conditions on property zoned an RR-D-1 Regional Retail District with a D-1 Liquor Control Overlay south of East R.L. Thornton Freeway, west of South Buckner Boulevard. Maker: Second: Result:

Bagley Tarpley Carried: 14 to 0

For:

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

14 -

Against: Absent: Vacancy:

0 0 1 - District 10

Notices: Replies:

Area: For:

Speakers:

For: Roger Albright, 3301 Elm St., Dallas, TX, 75226 Against: None

200 0

Mailed: Against:

1 0

Z123-294(MW) Police Report: Specific Use Permit No. 1914 was approved on October 26, 2011. An online search of the Dallas Police Departmentâ&#x20AC;&#x2122;s offense incident reports for the period from October 26, 2010 (one year prior to approval) to October 26, 2011 revealed the following results: (Note: this report pertains to the entire shopping center and is not limited to the request site)

Z123-294(MW)

Below are the results from October 27, 2011 to present (July 22, 2013):

Z123-294(MW) Service #

Offense Date

Complainant

Offense

Reporting Area

UCRl

0110481-2

04/29/2012

*COBAR COMPUTERS

FORGERY 8c COUNTERFEI. .. 09334

RLTHORNTON ... 318

1217

10021

0110482-2

04/29/2012

*COBAR COMPUTERS

FORGERY 8c COUNTERFEI ... 09334

RLTHORNTON... 318

1217

10021

0110483-2

05/03/2012

*COBAR COMPUTERS

FORGERY 8c COUNTERFEI. .. 09334

RLTHORNTON ... 318

1217

10021

0110927-A

05/05/2013

ORDUNA, JOSE

THEFT

09334

RLTHORNTON... 318

1217

06941

0111627-2

05/07/2012

RAMIREZ,SEFERINO

FORGERY 8c COUNTERFEI. .. 09334

RLTHORNTON ... 318

1217

10121

0116794-A

05/11/2013

ACOSTA,MARIA,

THEFT

09334

RLTHORNTON ... 318

1217

06902

0117533-2

04/30/2012

*COBAR COMPUTERS

FORGERY 8c COUNTERFEI. .. 09334

RLTHORNTON... 318

1217

10021

0129990-A

05/25/2013

JIMENEZ,LENNY ST

LOST PROPERTY

09334

RLTHORNTON ... 318

1217

42020

0141285-2

06/08/2012

@CITY OF DALLAS

OTHER OFFENSES

09334

RLTHORNTON... 318

1217

26210

0150732-A

05/14/2013

GONZALEZ, ANAIS

THEFT

09334

RLTHORNTON ... 318

1217

06901

0155755-2

06/25/2012

VAZQUEZ,ISRAEL

TRAFFIC MOTOR VEHICLE

09334

RLTHORNTON... 318

1217

32090

0156787-A

06/21/2013

ORTEGA,ROSIE

THEFT

09334

RLTHORNTON ... 318

1217

06951

0158662-A

06/23/2013

RAMIREZ, JANETT

THEFT

09334

RLTHORNTON... 318

1217

06902

0182535-2

07/23/2012

BAZ, LUIZ

TRAFFIC MOTOR VEHICLE

09334

RLTHORNTON ... 318

1217

32090

0185749-A

07/21/2013

THEFT

09334

RLTHORNTON ... 318

1217

Block

Dir

Street

Beat

UCR2

06932

Page Z of 4 (54 items)

Service #

Offense Date

Complainant

Offense

Block

0192080-Z

08/03/2012

*GILABLADLI BAZAR

OTHER OFFENSES

09334

0192108-Z

08/03/2012

HERNANDEZ,LIZANDRO

THEFT

09334

0198153-Z

08/09/2012

GOMEZ,MARIA

THEFT

09334

> 1.lll.lU:l

08/ 12/ 2012

MELGAR, GUSTAVO

CRIMINAL MISCHIEF/VA...

09334

0200001-Z

08/03/2012

ARRIAGA,RICARDO

THEFT

0212367-Z

08/26/2012

ALBERTO, LUIS

AUTO THEFT-UUMV

0244190-Z

09/30/2012

LOPEZ,ROBERTO

0268090-Z

10/27/2012

RAMOS,LAURA

0275122-Z

11/04/2012

GONZALES,CLAUDIA

0280337-Z

11/10/2012

0291313-Y

Reporting Area

UCRl

1217

26530

RLTHORNTON ... 318

1217

06901

RLTHORNTON... 318

1217

26000

RLTHO RNTO N... 318

1217

1 4 081

09334

RLTHORNTON... 318

1217

06901

09334

RLTHORNTON ... 318

1217

07612

AUTO THEFT-UUMV

09334

RLTHORNTON... 318

1217

07263

THEFT

09334

RLTHORNTON ... 318

1217

06901

THEFT

09334

RLTHORNTON... 318

1217

06901

MEDRANO,AUGUSTINE

THEFT

09334

RLTHORNTON ... 318

1217

06954

11/04/2011

* JOAERIA LATINA

THEFT

09334

RLTHORNTON... 318

1217

06901

0292410-Z

11/25/2012

SANCHEZ,MARIA

THEFT

09334

RLTHORNTON ... 318

1217

06901

0292519-Z

11/25/2012

ZUNIGA-GONZALEZ,MIG...

AGGRAVATED ASSAULT

09334

RLTHORNTON... 318

1217

04121

0303198-Z

12/07/2012

MEZA,RIGOBERTO

THEFT

09334

RLTHORNTON ... 318

1217

06901

0304861-Z

12/09/2012

RAMIREZ,PRISCILLA

AGGRAVATED ASSAULT

09334

RLTHORNTON... 318

1217

Dir

Street

Beat

RLTHORNTON... 318

04332

UCR2

06905

06941

08312

Page 3 of 4 (54 items)

Service #

Offense Date

Complainant

Offense

Block

0304955-Z

12/09/2012

AYALA, BYRON

CRIMINAL MISCHIEF/VA...

09334

0306217-Y

11/20/2011

ASCENCIO,IVAN

THEFT

09334

0309893-Y

11/25/2011

*KATHYS BOTANICA

THEFT

09334

0315475-Z

12/09/2012

DEL~ADO ,ENANUEL

FRAUD

09334

0322403-Y

12/10/2011

MORALES, TIOFELO

ROBBERY

0324143-Y

12/12/2011

PEDF.AZA,ALBERTO,

AUTO THEFT-UUMV

0324388-Y

12/12/2011

HERRERA,DORA,

0324389-Y

12/12/2011

0324390-Y

12/12/2011

Reporting Area

UCRl

1217

14082

RLTHORNTON ... 318

1217

06951

RLTHORNTON... 318

1217

06933

RLTHORNTON ... 318

1217

11110

09334

RLTHORNTON... 318

1217

03822

09334

RLTHORNTON ... 318

1217

07222

CRIMINAL MISCHIEF/VA...

09334

RLTHORNTON... 318

1217

14082

NAYIBE,AGEL,

CRIMINAL MISCHIEF/VA...

09334

RLTHORNTON ... 318

1217

14081

BALCERRAMA,GABRIEL,

CRIMINAL MISCHIEF/VA...

09334

RLTHORNTON... 318

1217

14082

l!.L. t:D - - - - - -l

Dir

Street

Beat

RLTHORNTON... 318

UCR2

Page 4 of 4 (54 items)

Z123-294(MW) Z123-294 CPC Recommended SUP Conditions 1. USE: The only use authorized by this specific use permit is the sale of alcoholic beverages in conjunction with a commercial amusement (inside). 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 expires on (three years). Staff recommended: 3. TIME LIMIT: This specific use permit automatically terminates on October 26, 2013 expires on (two years). 4. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 5. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

Z123-294(MW) Proposed Site Plan (revised to exclude dance floor)

Z123-294(MW) Existing Site Plan

Z123-294(MW)

ex:

~iri

SENATE ST

a'.

8:l 0

.. .. .... -··; "

;

C1 tY o f

Mesquite

SAMUELL BLVD

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Z123-294

Case no: _ _=...::..=.=-.:=....:._ __

6/19/2013

Date: - - - - - - - - -

1:4,800

Z123-294(MW)

Surface parking

Retail and personal services

Retail

Z123-294(MW) CPC Responses

Z123-294(MW) 8/8/2013

Reply List of Property Owners Z123-294 1 Property Owners Notified

0 Property Owners in Favor

Reply Label # Address 1

9334

Owner R L THORNTON FWY

9334 LTD

0 Property Owners Opposed

AGENDA ITEM # 58 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

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) Note: This item was considered by the City Council at public hearings on August 14, 2013 and August 28, 2013, and was taken under advisement until September 11, 2013, with the public hearing open

HONORABLE MAYOR & CITY COUNCIL

WEDNESDAY, SEPTEMBER 11, 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

PREVIOUS ACTION:

Deferred from September 28, 2013

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:

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.

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.

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

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

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.

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

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.

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.

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:

Speakers:

None

500

Mailed: Against:

Bagley,

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

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

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.

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.

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

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.

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.

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.

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.

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)

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

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.

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."

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.

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.

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

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

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:

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.

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

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.

(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.

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.

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.

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.

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.

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.

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.

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

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.

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.

Z123-204(MW)

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Z123-204(MW) CPC Responses

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

--~8_ _

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Area of Notification Date 5/16/2013 Under Advisement

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

1955

1 Property Owners Opposed

Owner MARKET CENTER BLVD

BROADSTONE MARKET CENTER OWNER LP

1931

MARKET CENTER BLVD

BOWNE OF DALLAS INC

1900

MARKET CENTER BLVD

MELNICLTD

1401

TURTLE CREEK BLVD

1405

TURTLE CREEK BLVD LUI2 DALLAS OAK LAWN V LP

1935

HI LINE DR

1810

MARKET CENTER BLVD

1330

TURTLE CREEK BLVD

NICENE PROPERTIES LLC

1551

OAK LAWN AVE

FUND DESIGN DISTRICT LLC

1838

IRVING BLVD

RED BARN HOLDINGS LP

1212

TURTLE CREEK BLVD TEXAS SECURITY BANK

1901

IRVING BLVD

1937 IRVING LLC

1901

IRVING BLVD

URBAN PROFESSIONALS GROUP LLC

2014

IRVING BLVD

TONANIIINC

2026

IRVING BLVD

PROCACCINI VICENT ANTHONY

2030

IRVING BLVD

CHAMBERS THOMAS W &

2034

IRVING BLVD

LANE BRUCE R JR

2021

FARRINGTON ST

FARRINGTON STREET LP

2009

FARRINGTON ST

FLOREZ DONALD R &

2005

FARRINGTON ST

FARRINGTON PROPERTIES LLC

2006

FARRINGTON ST

ESOR GROUP PARTNERS LTD

2012

FARRINGTON ST

EMERALD DENTON PPTIES LTD

1350

MANUFACTURING ST TTMC LIMITED

1900

IRVING BLVD

1201

TURTLE CREEK BLVD MOKS LLC

2015

MARKET CENTER BLVD

AZOFF IRVING CO TR

FEIZY PROPERTIES INC ITZIG JERRY M &

MOKSINC

MARKET CENTER LODGING LP

Z123-204(MW) 61612013

Reply Label# Address

Owner

1944

MARKET CENTER BLVD

CHARALAMBOPOULOSFAYE

1950

MARKET CENTER BLVD

CHARALAMBOPOULOSFAY

2026

MARKET CENTER BLVD

KALAN INC

2006

MARKET CENTER BLVD

SHENDELMAN CHUNG

1926

MARKET CENTER BLVD

MARKETCENTERBLVDLLC

2014

MARKET CENTER BLVD

DUKE DANIEL J & CHRISTINA

2010

MARKET CENTER BLVD

CHANDIRAMANI NARAIN ETAL

1300

TURTLE CREEK BLVD AZOFF IRVING CO TR

1825

MARKET CENTER BLVD

2001

IRVING BLVD

BRADEN EUGENE N

2011

IRVING BLVD

USA TRINITY PPTIES INC

1200

MANUFACTURING ST JLC X PROPERTY FUND LTD

1200

MANUFACTURING ST CHAMBERS MARGARET &

1300

PACE ST

1825 MARKET CENTER LP

JONES LAKE CO NO 7

AGENDA ITEM # 59 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 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 Note: This item was considered by the City Council at a public hearing on August 14, 2013, and was taken under advisement until September 11, 2013, with the public hearing open

HONORABLE MAYOR & CITY COUNCIL

FILE NUMBER: DCA 112-002

WEDNESDAY, SEPTEMBER 11, 2013 ACM: Theresa O’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.

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.

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.

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:

Vacancy: 0 Speakers: None

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:

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:

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].

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,”

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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SECTION 10. That

Section

51A-2.102,

“Definitions,”

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,”

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,”

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

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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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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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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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. 16

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;?

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.

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

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(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.

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

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

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.

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______________________________

AGENDA ITEM # 60 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

1, 6

DEPARTMENT:

Public Works Department

CMO:

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

MAPSCO:

43Y Z 44Q R S T U ________________________________________________________________

SUBJECT A public hearing to receive comments to amend the City of Dallas Thoroughfare Plan to change the dimensional classification of Fort Worth Avenue between Beckley Avenue and Westmoreland Road from a six lane divided {M-6-D(A)} roadway within 100 feet of right-of-way to a special four lane divided (SPCL 4-D) roadway with a bicycle facility within 100 feet of right-of-way; and at the close of the hearing, authorize an ordinance implementing the change - Financing: No cost consideration to the City BACKGROUND

Staff is requesting amendments to the City of Dallas Thoroughfare Plan to change the dimensional classification of Fort Worth Avenue between Beckley Avenue and Westmoreland Road from a six lane divided roadway {M-6-D(A)} within 100 feet of right-of-way to a special four lane divided roadway (SPCL 4-D) with a bicycle facility within 100 feet of right-of-way. The amendments will facilitate proposed development projects in the West Dallas community. Staff has worked with stakeholders in the community to establish a sustainable street design approach that meets the needs of proposed developments, existing property owners and all transportation modes. The design proposal creates a balanced multi-modal street while incorporating enhanced pedestrian sidewalks and includes a separated two-way cycle track on the south side of Fort Worth Avenue while maintaining adequate capacity for vehicles and public transit users. The proposal incorporates the vision of the community and the West Dallas Plan. Staff recommends approval of the amendments to the Thoroughfare Plan to Fort Worth Avenue between Beckley Avenue and Westmoreland Road from a six lane divided roadway {M-6-D(A)} within 100 feet of right-of-way to a special four lane divided roadway (SPCL 4-D) with a bicycle facility within 100 feet of right-of-way.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

On July 25, 2013, the City Plan Commission Transportation Committee recommended approval. On August 8, 2013, the City Plan Commission recommended approval. MAPS Attached

Agenda Date 09/11/2013 - page 2

Fort Worth Avenue Council Districts 1,6 MAPSCO: 43Y,Z 44Q,R,S,T,U

FORT WORTH AVENUE FROM BECKLEY AVE. TO WESTMORELAND RD.

Thoroughfare Plan Amendment N Thoroughfare Map

W *E s

LOCATOR MAP NOTTO SCALE

City of Dallas

AGENDA ITEM # 61 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

September 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Public Works Department

CMO:

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

MAPSCO:

4V Z ________________________________________________________________

SUBJECT A public hearing to receive comments to amend the City of Dallas Thoroughfare Plan to change the dimensional classification of Knoll Trail Road from Keller Springs Road to Arapaho Road from a four lane divided (S-4-D) roadway within 80 feet of right-of-way to a special four lane undivided (SPCL 4-U) roadway within 64 feet of right-of-way and 44 feet of pavement; and at the close of the hearing, authorize an ordinance implementing the change - Financing: No cost consideration to the City BACKGROUND PV Prestonwood I and PV Prestonwood II, Ltd. are requesting an amendment to the City of Dallas Thoroughfare Plan to reduce the right-of-way on Knoll Trail Road between Keller Springs Road and Arapaho Road from 80 feet to 64 feet of right-of-way and 44 feet of pavement. This segment of Knoll Trail, although designated as a four lane divided roadway is constructed as a four lane undivided roadway. Prestonwood Realty will build a residential subdivision in the area to include approximately 300 multi-family units and 125 assisted living units. The current 24 hour daily traffic volume on Knoll Trail Drive north of Arapaho Road is 10,422 vehicles per day and the anticipated 24 hour daily traffic volume at site build out is projected to be 9,105 vehicles per day. This redevelopment from retail to residential is expected to yield fewer trips when completely built out in year 2015. The anticipated traffic demand from the proposed land use change can be accommodated with a four lane undivided cross section. The four lane undivided cross section will match the adjacent cross section of Knoll Trail Road north of Keller Springs Road to the Dallas North Tollway. Staff recommends approval of the amendments to the City of Dallas Thoroughfare Plan to change the dimensional classification of Knoll Trail Road from Keller Springs Road to Arapaho Road from a four lane divided (S-4-D) roadway within 80 feet of right-of-way to a special four lane undivided (SPCL 4-U) roadway within 64 feet of right-of-way and 44 feet of pavement.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 25, 2013, the City Plan Commission Transportation Committee recommended approval. On August 8, 2013, the City Plan Commission recommended approval. MAPS Attached

Agenda Date 09/11/2013 - page 2

Knoll Trail Council District 11 MAPSCO: 4V, Z

KNOLL TRAIL FROM ARAPAHO ROAD TO KELLER SPRINGS RD.

Cl1Yol Dallas

Thoroughfare Plan Amendment N Thoroughfare Map

w *s s

ARAPAHO PA I M-&-D(A)

BB.T LINE PA I M-€-D(A)

LOCATOR MAP NOTTO SCALE