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

AGENDA ITEM # 85 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

48 E

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1907 for the sale of alcoholic beverages in conjunction with a general merchandise or food store use greater than 3,500 square feet on property zoned an RR-D-1 Regional Retail District with a D-1 Liquor Control Overlay on the southeast corner of Samuell Boulevard and North Jim Miller Road Recommendation of Staff: Approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site/landscape plan and conditions Recommendation of CPC: Approval for a one-year period, subject to a site/landscape plan and conditions Z123-302(MW)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER:

Z123-302(AB)

DATE FILED: June 4, 2013

LOCATION:

Southeast corner of North Jim Miller Road and Samuell Boulevard

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 0.98 acres

CENSUS TRACT: 122.07

48-E

APPLICANT:

CVS Corporation

OWNER:

Michael Parker

REPRESENTATIVE:

MASTERPLAN Santos Martinez

REQUEST:

An application to renew Specific Use Permit No. 1907 for the sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned an RR-D-1 Regional Retail District with a D-1 Liquor Control Overlay

SUMMARY:

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

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z123-302(AB) BACKGROUND INFORMATION: •

On October 10, 2011, City Council approved Specific Use Permit No. 1907 for a two-year period with eligibility for automatic renewal for additional five-year periods subject to a site plan and conditions. The applicant missed the deadline for automatic renewal; therefore, a complete application was required for consideration of renewal.

•

In additional to renewal of Specific Use Permit No. 1907, the applicant proposes changes to the existing site plan which include reconfiguration of the required offstreet parking spaces and the addition of a storage container along the north side of the building. In addition, the applicant requests Council approval of an alternative landscape plan.

Zoning History: There has been no zoning activity in the vicinity of the request site within the last five years. Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Proposed ROW

Samuell Boulevard N. Jim Miller Road

Principal Arterial Principal Arterial

120 ft. 100 ft.

Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system. Surrounding Land Use:

North South East West

Zoning

Land Use

RR-D-1 RR-D RR-D RR-D

Auto related use, Restaurant, Office Retail Retail Auto Related use, Office

Z123-302(AB) This Building Block represents major employment or shopping destinations outside of Downtown. Examples include the Galleria area, the North Park Center area, Southwest Center Mall area at I-20 and US Hwy 67 and the Stemmons Corridor. Business Centers are usually at major intersections or along Highways or major arterials and rely heavily on car access. These areas typically include high-rise office towers and low- to mid-rise residential buildings for condos or apartments and may include multifamily housing. Land uses are typically separated from one another by parking lots, freeways or arterial roads. Streets in these areas emphasize efficient movement of vehicles. Bold lighting and linear landscaping features such as esplanades and tree-lined boulevards can all work to distinguish and identify these areas. Public spaces may be at key entry points and central locations. Gateway landscaping, monuments and other devices will provide visibility from the freeway and guide visitors to destinations. Public transit may play a role in these areas and help create some pockets of transit oriented development. Business Centers and Corridors provide important concentrations of employment within Dallas that compete with suburban areas. LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. STAFF ANALYSIS: Land Use Compatibility: The "D-1" Overlay District is a Liquor Control Overlay District which requires an individual to obtain a Specific Use Permit in order to sell or serve alcoholic beverages, or setups for alcoholic beverages, for consumption on or off the premises. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The applicantâ&#x20AC;&#x2122;s request, subject to a site plan and conditions, is consistent with the intent of the Dallas Development Code. Therefore, staff recommends approval for a 3

Z123-302(AB) two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions. Development Standards: DISTRICT

RR-D Regional retail

Front

SETBACKS Side/Rear

15’

20’ adjacent to residential OTHER: No Min.

Density

Height

Lot Coverage

1.5 FAR overall 0.5 office

70’ 5 stories

80%

Special Standards Proximity Slope U-form setback Visual Intrusion

Primary Uses

Retail & personal service, office

Landscaping: The applicant requests Council approval of an alternative landscape plan to address the exclusion of four required trees along Samuell Boulevard which conflict with an underground water utility.

Z123-302(AB) CPC Action: October 24, 2013: Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1907 for the sale of alcoholic beverages in conjunction with a general merchandise or food store use greater than 3,500 square feet for a one-year period, subject to a revised site/landscape plan and revised conditions on property zoned an RR-D-1 Regional Retail District with a D-1 Liquor Control Overlay on the southeast corner of Samuell Boulevard and North Jim Miller Road. Maker: Second: Result:

Bagley Ridley Carried: 12 to 0

For: 12 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene*, Peadon, Murphy, Ridley Against: Absent: Vacancy: Notices: Replies: Speakers:

0 3 - Culbreath, Bernbaum, Alcantar 0 Area: For:

200 0

Mailed: Against:

13 0

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

Z123-302(AB) Dallas Police Department: A copy of a police report from October 9, 2009 to October 9, 2011 Two Years Prior to SUP Issuance:

Z123-302(AB) A copy of a police report from October 10, 2011 to August 28, 2013 Two Years After SUP Issuance:

Z123-302(AB)

LIST OF OFFICERS CVS

•

Thomas Ryan

Chairman of the Board

•

Larry Merio

President, COO

•

Thomas S. Mofatt

Vice President and Assistant Secretary

Z123-302(AB) Z123-302 CPC Recommended Conditions 1.

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

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

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

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

PARKING: Off-street parking must be located as shown on the attached site plan.

DRIVE-THROUGH WINDOW: A retail use may not use a drive-through window for retail sales of alcoholic beverages.

Z123-302(AB) 7.

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

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

Z123-302(AB) EXISTING SITE PLAN

Z123-302(AB) PROPOSED SITE/LANDSCAPE PLAN

Z123-302(AB)

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VICINITY MAP 1:6,000

Case no: Date:

Z123-302

--=-=--=-=~~-

6/26/2013

Z123-302(AB)

速

AERIAL MAP

1:2,400

Z123-302 Case no: -~~-=-=-=-11 /18/2013

Date: _....:....:..:.~---

Z123-302(AB)

Auto related uses Restaurant/office

Restaurants

Auto related uses Retail

Retail and personal service Retail and personal service uses

Multifamily

Z123-302(AB) CPC Responses

Z123-302(AB) Page 1 of 1 10/29/2013

Notification List of Property Owners Z123-302 13 Property Owners Notified

Vote

0Property Owners Opposed

Label # Address

0 Property Owners in Favor

Owner

6118

SAMUELL BLVD

BALLAS VICTOR

6004

SAMUELL BLVD

PARKER MICHAEL

5470

JIM MILLER RD

CFIC LLC

6000

SAMUELL BLVD

CHUNG JOE INKI TR &

5409

JIM MILLER RD

JIM MILLER SHOPPING CENTER LP

5475

JIM MILLER RD

ISSA DAVID

5514

JIM MILLER RD

USRP FUNDING 2001 A LP

5510

JIM MILLER RD

DAY MARIE L

6885

SAMUELL BLVD

FIREBRAND PROPERTIES LP

6155

SAMUELL BLVD

SAMUELL RETAIL LTD

6024

SAMUELL BLVD

DRY WAYNE F

5575

JIM MILLER RD

SIDERIS BASIL K ET AL

5555

JIM MILLER RD

SIDERIS BASIL K ET AL

AGENDA ITEM # 86 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

59 A

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

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER:

Z123-329(WE)

DATE FILED: August 9, 2013

LOCATION:

Bruton Road and North Prairie Creek Road, northwest corner

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 0.31 acres

CENSUS TRACT: 90

59-A

APPLICANT:

Issam Saleh

OWNER:

Fazel Rahnani

REPRESENTATIVE:

Malik Parvez

REQUEST:

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

SUMMARY:

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

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z123-329(WE)

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

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

•

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

•

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

•

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

Z123-329(WE)

Zoning History:

There have been no recent zoning changes in the area.

Thoroughfares/Streets: Thoroughfare/Street

Bruton Road North Prairie Creek Road

Type

Existing ROW

Proposed ROW

Principal Arterial Principal Arterial

100 ft. 80 ft.

100 ft. 107 ft.

Land Use:

Site

Zoning CR-D

North South East

CR-D CR-D CR-D

West

CR-D

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

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

Z123-329(WE)

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

PROMOTE DESIRED DEVELOPMENT

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

Z123-329(WE)

• • • • •

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

• • • •

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

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

CR-D-1 Community retail

SETBACKS Front 15’

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

Density

Height

Lot Coverage

Special Standards

0.75 FAR overall 0.5 office

54’ 4 stories

60%

Proximity Slope Visual Intrusion

PRIMARY Uses Retail & personal service, office

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

Z123-329(WE)

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

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

Z123-329(WE)

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

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

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

Area: For:

2 - Bagley, Ridley 0 0 200 0

Mailed: 15 Against: 2

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

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

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

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

Z123-329(WE)

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

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

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

Z123-329(WE)

PROPOSED SITE PLAN

Z123-329(WE)

速

AERIAL MAP

Case no: _ _ Z_1_23_-_32_9__

10/9/201 3

Date: - - - - - -

1:1 ,200

Z123-329(WE)

Retail & personal service

C-Store

Retail & personal service

Restaurant

Car wash

Auto related uses

C-Store

Z123-329(WE)

CPC RESPONSES

Z123-329(WE)

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

Vote

X X

2 Property Owners Opposed

Label # Address

0 Property Owners in Favor

Owner

9199

BRUTON RD

RAHNANI FAZEL &

9009

BRUTON RD

PROTON PRC LTD

9179

BRUTON RD

BRUTON ENTERPRISES LLC

9203

BRUTON RD

BIG SCORE INVESTORS LLC

9215

BRUTON RD

VOLUNTEERS OF AMERICA

2112

PRAIRIE CREEK RD

HERNANDEZ GUSTAVO A

2122

PRAIRIE CREEK RD

BRUTON TEXAS PPTIES LLC

2150

PRAIRIE CREEK RD

AFFORDABLE INCOME INV

9116

BRUTON RD

VIRANI MANSOOR M

9180

BRUTON RD

KANNADY DERALD &

9190

BRUTON RD

HAMM GUY & JOYCE

9157

DONNYBROOK LN

ASTON CUSTOM HMES CORP

9151

DONNYBROOK LN

HOLLERS MARGARET EST OF

9206

BRUTON RD

ASMA INTERNATIONAL

9222

BRUTON RD

DELMAR PARTNERS LP

Thursday, November 07, 2013

AGENDA ITEM # 87 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

63 H

SUBJECT A public hearing to receive comments regarding an application for a CS Commercial Service District with retention of the existing D Liquor Control Overlay on property zoned an LO-3-D Limited Office District 3 with a D Liquor Control Overlay, north of West Ledbetter Drive, west of South Hampton Road and an ordinance granting an RR Regional Retail District with retention of the D Liquor Control Overlay Recommendation of Staff and CPC: Approval of an RR Regional Retail District with retention of the D Liquor Control Overlay in lieu of a CS Commercial Service District Z123-331(WE)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER:

Z123-331(WE)

DATE FILED: August 9, 2013

LOCATION:

North side of West Ledbetter Drive, west of South Hampton Road

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 2.4595 acres

CENSUS TRACT: 108.03

63-H

APPLICANT:

Humberto Serrano

OWNER:

Zahra Makhani

REPRESENTATIVE:

Tailim Song Law Firm

REQUEST:

An application for a CS Commercial Service District with retention of the existing D Liquor Control Overlay on property zoned an LO-3-D Limited Office with a D Liquor Control Overlay.

SUMMARY:

The purpose of this request is to allow for the construction of a multi-tenant retail development.

CPC RECOMMENDATION: Approval, of an RR Regional Retail District with retention of the D Liquor Control Overlay in lieu of a CS Commercial Service District

STAFF RECOMMENDATION: Approval, of an RR Regional Retail District with retention of the D Liquor Control Overlay in lieu of a CS Commercial Service District

Z123-331(WE)

GUIDING CRITERIA FOR STAFF RECOMMENDATION: Staff recommends denial based upon: 1. Performance impacts upon surrounding property – Per Chapter 51A of the Dallas Development Code, the purpose of the CS Community Service District is “to provide for development of commercial and business service uses that may involve outside storage, service, or display. This district is not intended to be located in areas of low and medium density residential development.” The property is adjacent to a private school to the north and residential uses to the west. The proposed CS Community Service District could have a negative impact because some of the permitted uses such as outdoor storage, display and service may be too intrusive for the surrounding neighborhood area. 2. Traffic impact – The Engineering Section of the Department of Sustainable Development and Construction has determined that the applicant’s request will not have a negative impact on the street system. However, the additional traffic that inevitably comes with more intensive, regional serving uses will impact the neighborhood. 3. Comprehensive Plan or Area Plan Conformance – The request as presented is

not in conformance with the Comprehensive Plan. A more compatible zoning district that may be considered such as an RR Regional Retail District, which would still permit retail strip development.

BACKGROUND INFORMATION: •

The request site is currently undeveloped and there is a significant grade change on the northern property line that will provides a natural boundary between the proposed .retail development and single family development.

•

The applicant proposes to develop a retail development on the 2.495 acres site. The property north of the site will limit the height of the proposed development because of the residential adjacency.

•

The surrounding uses consist of a church and a private school to the north, to the east, a retail development with a car wash to the east and a single family development to the west. West of the request site, across W. Ledbetter Drive, are retail uses and a private school.

•

Zoning History: There have not been any recent zoning changes in the area.

Z123-331(WE)

Thoroughfares/Streets: Thoroughfare/Street

W. Ledbetter Drive

Type

Existing ROW

Proposed ROW

Principal Arterial

100 ft.

Land Use:

Site North

South East West

Zoning LO-3 R-10(A) Single Family w/ SUP No. 892 RR w/ SUP No. 1522 RR w/ deed restrictions R-10(A)

Land Use Undeveloped Church w/ a private school

Retail, private school Restaurant, Car wash Single Family

COMPREHENSIVE PLAN: The forwardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The forwardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The request site fronts Ledbetter Drive, an arterial that is designated as a “Multi-Modal Corridor” in the Comprehensive Plan. The area north of this multi-modal corridor, which includes the request site, is designated as “Residential Neighborhood”. Multi-modal corridors should encourage the redevelopment of aging auto-oriented commercial strip development while respecting existing single family neighborhoods. While normally located around DART light-rail or commuter rail stations, these building blocks could also be focused streetcar or enhanced bus corridors such as bus rapid transit. Transit centers and multi-modal corridors may sometimes be near residential neighborhoods and call for appropriate mitigation requirements. Areas currently developed with single-family or duplex uses should generally be maintained unless redevelopment is addressed through an Area Planning process. Multi-modal corridors in particular would diminish quickly in scale, density, and intensity away from the corridor, respecting existing single family neighborhoods while maintaining a strong focus on transit orientation and access. Interactive public plazas and/or civic uses will be centrally located and residential roof terraces and balconies overlooking transit station areas add “eyes on the street” that can aid public safety.

Z123-331(WE)

LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. STAFF ANALYSIS: Land Use Compatibility: There is a significant grade change that separates the request site from the adjacent single family development to the west. The grade change serves as a natural barrier between the proposed development, single family and the streetscape along W. Ledbetter Drive. By extending the RR Regional Retail District to the northern property line where there is a natural drop-off separating the proposed retail development from the single family development, the type of uses that are permitted within the RR Regional Retail District will be consistent with the existing development pattern that is along West Ledbetter Drive. The proposed CS Commercial Service District could negatively impact the area and disrupt the consistent development that is developed along the corridor. The CS District permits more commercial and business service uses that may involve outside storage, service and display as opposed to the RR Regional Retail District. Staff’s recommendation is for an RR Regional Retail District with retention of the existing D Liquor Control Overlay in lieu of the CS Commercial Service District. The City Council may approve a different zoning district than the one requested, except that the different district may not (1) have a maximum structure height, floor area ratio, or density that is higher than the one requested; or (2) be "nonresidential" when the one requested is for residential uses or vice versa. Development Standards: DISTRICT

LO-3 -existing Limited office – 1

RR – staff’s rec Regional retail

CS – applicant’s proposal Commercial Service

SETBACKS Front

Side/Rear

Density

Height

Lot Coverage

Special Standards

PRIMARY Uses

15’

20’ adjacent to residential OTHER: No Min.

1.75 FAR

115’ 9 stories

80%

Proximity Slope U-form setback Tower spacing Visual Intrusion

Office, lodging – limited retail & personal service uses

15’

20’ adjacent to residential OTHER: No Min.

1.5 FAR overall 0.5 office

70’ 5 stories

80%

Proximity Slope U-form setback Visual Intrusion

Retail & personal service, office

15’ 0’ on minor

20’ adjacent to residential OTHER: No Min.

0.75 FAR overall 0.5 office/ lodging/ retail combined

45’ 3 stories

80%

Proximity Slope Visual Intrusion

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

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

Z123-331(WE)

CPC Action (November 7, 2013) Motion: It was moved to recommend approval of a RR-D Regional Retail District with a D Liquor Control Overlay in lieu of a CS-D Commercial Service District with a D Liquor Control Overlay on property zoned an LO-3-D Limited Office District 3 with a Dry Liquor Overlay, north of West Ledbetter Drive, west of South Hampton Road. Maker: Rodgers Second: Hinojosa Result: Carried: 14 to 0 For:

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

Against: Absent: Vacancy:

Notices: Replies: Speakers:

Area: For:

0 1 - Culbreath 0

300 1

Mailed: 19 Against: 3

For: Jin Kim, 13140 Coit Rd., Dallas, TX, 75240 Against: Caroline Jordon, 2647 Deep Hill Cir., Dallas, TX, 75233 Justin Burns, 1236 Hollywood Ave., Dallas, TX, 75208

Z123-331(WE)

AERIAL MAP 1:2,400

Case no:

Z123-331

Date:

10/24/2013

Z123-331(WE)

Private school

Single Family

Restaurant, Car wash

Retail, Private school Multifamily

Z123-331(WE)

CPC RESPONSES

Z123-331(WE)

Notification List of Property Owners Z123-331 19 Property Owners Notified

Vote

3 Property Owners Opposed

Label # Address

1 Property Owner in Favor

Owner

4015

HAMPTON RD

ROMAN CATH DIOCESE DALLAS

2415

LEDBETTER DR

SERRANO HUMBERTO

2451

LEDBETTER DR

TEXAS SUDS CO

2651

DEEP HILL CIR

WALKER DOUGLAS

2647

DEEP HILL CIR

JORDAN CAROLINE &

2641

DEEP HILL CIR

ORUM EDDIE L III

2635

DEEP HILL CIR

BURCIAGA JOSE G &

2631

DEEP HILL CIR

ROTHSTEIN LINDA A

2625

DEEP HILL CIR

ROTHSTEIN LINDA

2621

DEEP HILL CIR

WALKER RUTH E

2615

DEEP HILL CIR

AYALA SAMUEL

2650

DEEP HILL CIR

BARNETT MAJOR L & LISA R

2626

DEEP HILL CIR

MARCO SUE M

4302

WOODHOLLOW DR

BACLAK LLC

2439

LEDBETTER DR

POP HOLDINGS LP

2426

LEDBETTER DR

RECORD ALFRED E

2502

LEDBETTER DR

FOCUS LEARNING ACADEMY INC

2502

LEDBETTER DR

FOCUS LEARNING ACADEMY INC

2524

LEDBETTER DR

FOCUS LEARNING ACADEMY

O X

Thursday, November 07, 2013

AGENDA ITEM # 88 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

59 K

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a D-1 Liquor Control Overlay and an ordinance granting a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned a CR-D Community Retail District with a D Liquor Control Overlay on the east side of North Saint Augustine Road, south of Lake June Road Recommendation of Staff: Approval of a D-1 Liquor Control Overlay and approval of a Specific Use Permit for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions Recommendation of CPC: Approval of a D-1 Liquor Control Overlay and approval of a Specific Use Permit for a two-year period, subject to a site plan and conditions Z123-354(WE)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER:

Z123-354(WE)

DATE FILED: August 9, 2013

LOCATION:

East side of North Saint Augustine Road, south of Lake June Road

COUNCIL DISTRICT:

MAPSCO:

SIZE OF REQUEST:

Approx. 0.616 acres

CENSUS TRACT: 118

59K

APPLICANT:

Masoud Rezaeizadeh

OWNER:

Peymon Enterprises Corp

REPRESENTATIVE:

Hisham Awadelkariem

REQUEST:

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

SUMMARY:

The purpose of this request is to allow the applicant to sell alcohol for off-premise consumption in an existing 2,174 square foot general merchandise or food store.

CPC RECOMMENDATION:

Approval of a D-1 Liquor Control Overlay and approval of a Specific Use Permit for a two-year, subject to a site plan and conditions.

STAFF RECOMMENDATION:

Approval of a D-1 Liquor Control Overlay and approval of a Specific Use Permit for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions.

Z123-354(WE)

GUIDING CRITERIA FOR STAFF RECOMMENDATION: Staff recommends approval, subject to the site plan and conditions are based upon: 1. Compatibility with surrounding uses and community facilities – The existing general merchandise or food store serves the adjacent community and is compatible with the adjacent retail and personal service uses. The additional alcohol use within the general merchandise or food store should not impact the surrounding uses negatively from a land use perspective. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The proposed SUP, if approved by the CPC and City Council, will have conditions that are associated with the use. A SUP could be revoked or have a reduced time period if the applicant is not adhering to the proposed conditions and the requirements in Chapter 12B during the time the SUP is being renewed. 3. Not a detriment to the public health, safety, or general welfare – The existing general merchandise or food store complies with Chapter 12B (Convenience Store) requirements. The purpose of regulating convenience stores is to protect the health, safety, and welfare of the citizens of the City of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. 4. Conforms in all other respects to all applicable zoning regulations and standards – The request will comply with all zoning regulations and standards. The Dallas Police has determined that the request site is in compliance with Chapter 12B, a certificate of registration required for each physically separate convenience store. BACKGROUND INFORMATION: •

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

•

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

•

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

Zoning History: •

There have been two recent zoning changes in the area.

Z123-354(WE)

Z101-174 On June 22, 2011, the City Council approved a D-1 Liquor Control Overlay and a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise store less than 3,500 square feet on property zoned a CR-D Community Retail District with a D Liquor Control Overlay, on the southwest corner of North Saint Augustine Road and Lake June Road.

Z112-118 On February 22, 2012, the City Council an NS(A) Neighborhood Service District on property zoned an R-7.5(A) Single Family District on the North side of Lake June Road, west of St. Augustine Road.

Thoroughfares/Streets: Thoroughfare/Street

North St. Augustine Road Lake June Road

Type

Existing ROW

Proposed ROW

Collector

60 ft.

Principal Arterial

80 ft.

107 ft.

Land Use:

Site

Zoning CR-D

North South East West

CR-D MF-2(A) CR-D CR-D

Land Use General merchandise or food store Restaurant Multifamily Office Undeveloped

Z123-354(WE)

centrally located and residential roof terraces and balconies overlooking transit station areas add â&#x20AC;&#x153;eyes on the streetâ&#x20AC;? that can aid public safety. A Residential Building Block represents the life-blood of Dallas, the traditional neighborhood of single-family detached homes. Dallas has many neighborhoods that match this description, including Winnetka Heights, Preston Hollow, Lakewood and Wheatley Place. Single-family dwellings are the dominate land use in these areas. Some shops, restaurants or institutional land uses such as schools and religious centers that serve neighborhood residents may be located at the edges or at key intersections. LAND USE GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. STAFF ANALYSIS: Land Use Compatibility: The "D-1" Liquor Control Overlay District requires an individual to obtain a Specific Use Permit in order to sell or serve alcoholic beverages, or setup 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. A separate certificate of registration to comply with Chapter 12B is required for each physically separate convenience store. A certificate of registration for a convenience store expires one year after the date of issuance and must be renewed annually. The Dallas Police has determined that the request site is in compliance with Chapter 12B.

Z123-354(WE)

The general merchandise use is also regulated by Chapter 12B of the Dallas City Code, Convenience Stores. This chapter applies to all convenience stores, which is defined as any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than 10,000 square feet of retail floor space; the term does not include any business that has no retail floor space accessible to the public. The purpose of Chapter 12B is to protect the health, safety, and welfare of the citizens of the city of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. This chapter establishes a registration program for convenience stores and provides requirements relating to: • • • • • •

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

• • •

store visibility, safety training programs, and trespass affidavits.

Development Standards: DISTRICT

CR-D Community retail

SETBACKS Front 15’

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

Density

Height

Lot Coverage

Special Standards

0.75 FAR overall 0.5 office

54’ 4 stories

60%

Proximity Slope Visual Intrusion

PRIMARY Uses Retail & personal service, office

Landscaping: Landscaping of any development will be in accordance with Article X, as amended. Parking: The Dallas Development Code requires off-street parking to be provided for a general merchandise or food store 3,500 square feet or less at one space for each 200 square feet of floor area. The development requires 11 spaces with 21 being provided per the attached site plan. Traffic: The Engineering Section of the Department of Sustainable Development and Construction has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system.

Z123-354(WE)

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

CPC Action (November 7, 2013) Motion: It was moved to recommend approval of a D-1 Liquor Control Overlay and approval of a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less for a two-year period, subject to a site plan and conditions on property zoned a CR-D Community Retail District with a D Liquor Control Overlay on the east side of North Saint Augustine Road, south of Lake June Road.

Z123-354(WE)

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

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

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

Area: For:

0 0 0 200 0

Mailed: 12 Against: 1

For: Hisham Awadelkariem, 401 Hawthorn Dr., Bedford, TX Eve Grindstaff, 11016 Ulloa Ln., Dallas, TX, 75228 Artis Hagans, 10651 Wessex Dr., Dallas, TX, 75217 Chamane Connally, 9919 Homeplace Dr., Dallas, TX, 75217 Against: None

Z123-354(WE)

CPC PROPOSED SUP CONDITIONS

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

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

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

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

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

Z123-354(WE)

PROPOSED SITE PLAN

Z123-354(WE)

ELOISE ST

LAKE JUNE RD

MACOMBACT

1 SAN LEON AVE SAN LEON AVE

l VICINITY MAP 1:4,800

Case no: Date:

Z123-354 -=-=-=-~~10/25/2013

Z123-354(WE)

AERIAL IM AP 1:2,400 11

Case no: _ _Z::....1:..=2=..=3:.....:路3~5~4~ Date:

10/25/2013

Z123-354(WE)

C-Store

Library Personal service

C-store Restaurant

Undeveloped

Single Family Multifamily

Office

Z123-354(WE)

2 3

Z123-354(WE)

CPC RESPONSES

Z123-354(WE)

Notification List of Property Owners Z123-354 12 Property Owners Notified

Vote

1 Property Owner Opposed

Label # Address

0 Property Owners in Favor

Owner

1230

ST AUGUSTINE RD

REZAEIZADEH MASOUD

9500

LAKE JUNE RD

9500 LAKE JUNE LLC

9523

MACOMBA CR DR

RUIZ ERNESTO

9519

MACOMBA CR DR

MOORE LAURA JEAN

9515

MACOMBA CR DR

KAMISA NIR

9524

MACOMBA CR DR

BOWEN G C

9630

LAKE JUNE RD

CLARK GREGORY A

9600

LAKE JUNE RD

TORRES ANTONIO &

1198

ST AUGUSTINE RD

LA HACIENDA LLC

1200

ST AUGUSTINE RD

EVEREST FINANCIAL CORP

9650

LAKE JUNE RD

BRIGHT STAR MISS BAPT CH

9620

LAKE JUNE RD

MITCHELL KEVIN

Thursday, November 07, 2013

AGENDA ITEM # 89 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

48 Q

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned an LI-D-1 Light Industrial District with a D-1 Liquor Control Overlay on the northeast corner of South Buckner Boulevard and Forney Road Recommendation of Staff: Approval for a two-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions Recommendation of CPC: Approval for a two-year period, subject to a site plan and conditions Z123-268(MW) Note: This item was considered by the City Council at a public hearing on November 12, 2013, and was taken under advisement until December 11, 2013, with the public hearing open

HONORABLE MAYOR & CITY COUNCIL

FILE NUMBER:

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

Z123-268(MW)

DATE FILED: May 7, 2013

LOCATION: Northeast corner of South Buckner Boulevard and Forney Road COUNCIL DISTRICT: 7

MAPSCO: 48-Q

SIZE OF REQUEST: ±0.565 acre

CENSUS TRACT: 122.07

REPRESENTATIVE:

Pamela Craig

APPLICANT/OWNER:

Devin Brich Group, Corporation Paul O. Nwoke, Sole Officer and Director

REQUEST:

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

SUMMARY:

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

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

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

Z123-268(MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of this renewal subject to the conditions based upon the following: 1. Compatibility with surrounding uses and community facilities – The existing general merchandise or food store with vehicle fueling station is compatible with the surrounding land uses. The sale of alcoholic beverages in conjunction with the main use does not affect compatibility. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The general merchandise or food store with vehicle fueling station provides a service to the neighborhood and does not appear to negatively impact the adjacent properties. 3. Not a detriment to the public health, safety, or general welfare – The existing retail food store complies with Chapter 12B (Convenience Store) requirements. The purpose of regulating convenience stores is to protect the health, safety, and welfare of the citizens of the City of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city.

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

The ±0.565 acre request site is developed with a ±2,289-square foot general merchandise or food store (convenience store) and vehicle fueling station (gas pumps).

•

Based on information provided by the Dallas Police Department (DPD), Neighborhood Police Unit, Southeast Patrol Division, the convenience store located at 4710 South Buckner is in DPD’s system and passed inspection in August 2013. Therefore, the referenced convenience store complies with Chapter 12B (Convenience Store) requirements.

Zoning History: 1. Z101-164: On Thursday, April 21, 2011, the City Plan Commission recommended denial of an application for a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less. The applicant did not appeal to City Council.

Z123-268(MW) Surrounding Land Uses: Zoning

Land Use

North

Church (complies with the alcohol distance requirements)

East

Warehouses

South

Industrial (inside)

West

MC-1

Undeveloped

Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

South Buckner Boulevard

Principal Arterial

100 feet â&#x20AC;&#x201C; 150 feet

Forney Road

Collector

70 feet

STAFF ANALYSIS: Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depicts general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The Vision Illustration depicts the request site as within a Business Center or Corridor. This Building Block represents major employment or shopping destinations outside of Downtown. Examples include the Galleria area, the NorthPark Center area, Southwest Center Mall area at I-20 and US Hwy 67 and the Stemmons Corridor. Business Centers 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.

Z123-268(MW) While a general merchandise or food store 3,500 square feet or less is typically considered a neighborhood service use, the existing convenience store and motor vehicle fueling station Therefore, in general, the applicantâ&#x20AC;&#x2122;s proposal is consistent with the following goals and policies of the Comprehensive Plan. LAND USE ELEMENT Goal 1.1:

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

Land Use Compatibility: It is noted that the church to the north of the request site complies with the alcohol distance requirements, as demonstrated by the alcohol measurement survey provided with the application. 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. A convenience store requires a certificate of registration to comply with Chapter 12B. The purpose of Chapter 12B is to protect the health, safety, and welfare of the citizens of the city of Dallas by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that occurs in convenience stores in the city. A certificate of registration for a convenience store expires one year after the date of issuance and must be renewed annually. Based on information provided by the Dallas Police Department (DPD), Neighborhood Police Unit, Southeast Patrol Division, the convenience store located at 4710 South Buckner is in DPDâ&#x20AC;&#x2122;s system and passed inspection in August 2013. Therefore, the referenced convenience store complies with Chapter 12B (Convenience Store) requirements.

Z123-268(MW) The applicant’s request conforms with the applicable zoning regulations and standards and is consistent with the intent of the Dallas Development Code. The proposed sale of alcoholic beverages in conjunction with the existing convenience store is not anticipated to negatively impact the adjacent properties. Therefore, 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. The short initial time period will allow reevaluation of the request to ensure ongoing compliance. Development Standards: While the applicant does not propose any new construction or changes to the site, the development standards for the IR Industrial Research District are provided below. District

IR Industrial research

Setbacks Front

Side/Rear

15’

30’ adjacent to residential OTHER: No Min.

Density

Height

Lot Coverage

Special Standards

Primary Uses

2.0 FAR overall 0.75 office/ retail 0.5 retail

200’ 15 stories

80%

Proximity Slope Visual Intrusion

Industrial, wholesale distribution and storage, supporting office & retail

Parking: Pursuant to the Dallas Development Code, a general merchandise or food store requires one space per 200 square feet of floor area. Therefore, the 2,289-square foot convenience store requires 14 spaces, which are provided as shown on the site plan. Pursuant to the Dallas Development Code, a general merchandise or food store requires one space per 200 square feet of floor area and a motor vehicle fueling station requires two spaces. Therefore, the 2,289-square foot convenience store with fuel pumps requires 13 spaces; 14 spaces are provided as depicted on the proposed site plan. Landscaping: Any new construction will require landscaping per Article X of the Dallas Development Code. No new construction is proposed by this application; additional landscaping is not required at this time.

Z123-268(MW) CPC Action: October 10, 2013: Z123-268(MW)

Planner: Megan Wimer

Motion: It was moved to recommend approval of a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less for a two-year period, subject to a site plan and conditions on property zoned an LI-D-1 Light Industrial District with a D-1 Liquor Control Overlay on the northeast corner of South Buckner Boulevard and Forney Road. Maker: Second: Result:

Bagley Rodgers Carried: 12 to 0

For: 12 - Anglin, Soto, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar Against: 0 Absent: 2 - Culbreath, Wolfish Vacancy: 1 - District 5 Notices: Area: 200 Replies: For: 1 Speakers:

Mailed: 7 Against: 1

For: Pamela Craig, 2410 Taylor St., Dallas, TX, 75201 Against: None

Z123-268(MW) Police Report: An online search of the Dallas Police Departmentâ&#x20AC;&#x2122;s offense incident reports for the period from August 28, 2011 to August 28, 2013 revealed the following results:

Z123-268(MW) Z123-268 CPC Recommended Conditions 1.

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

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

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

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

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.

Z123-268(MW) Site Plan

Z123-268(MW)

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FORNEY RD

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VICINITY MAP

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Z123-268

Case no: _ _=-::..=.=-.::::...::-'---

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

Z123-268(MW)

速

AERIAL MAP

1:1,200

Z123-268 Case no: _..=...:..!==......::;...::___ 10/17/2013 Date: .....:..:..:....:....:__ _ __

Z123-268(MW)

Church

Undeveloped

Warehouse

Industrial (Inside)

Z123-268(MW)

Z123-268(MW) CPC Responses

Z123-268(MW) 10/11/2013

Reply List of Property Owners Z123-268 7 Property Owners Notified

1Property Owners in Favor

Reply Label # Address

1 Property Owners Opposed

Owner

4710

BUCKNER BLVD

DEVIN BRICH GROUP DORP

4700

BUCKNER BLVD

NW REALTY INC

4520

BUCKNER BLVD

4520 BUCKNER LP

8131

FORNEY RD

TAGGERT TEXAS LTD

4740

BUCKNER RD

INTERNATIONAL BIBLE ASSOC

4625

BUCKNER BLVD

BUCKNER FOODS INC

4612

BUCKNER BLVD

RICHMOND P CURT

AGENDA ITEM # 90 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

34 P; Q; T; U

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a WMU-8 Walkable Mixed Use District with a Shopfront Overlay on property zoned an IR Industrial Research District at the north of Inwood Road and west of Brown Street Recommendation of Staff and CPC: Approval Z123-312(MW)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER:

Z123-312(MW)

DATE FILED: June 14, 2013

LOCATION:

West corner of Inwood Road and Brown Street

COUNCIL DISTRICT: 2

MAPSCO: 34-P, Q, T and U

SIZE OF REQUEST: ±5.63 acres

CENSUS TRACT: 4.06

REPRESENTATIVE:

Suzan Kedron, Jackson Walker L.L.P.

APPLICANT:

Corrigan Investment Partners, LP.

OWNERS:

Corrigan Investments Partners, LP. Block A/5708 Investment Partners LP RPLB Properties 1, LTD

REQUEST:

An application for a WMU-8 Walkable Mixed Use District with a Shopfront Overlay on property zoned an IR Industrial Research District.

SUMMARY:

The applicant proposes to redevelop the site with a six-story mixed use project comprised of ±350 multifamily units with ±13,650 feet square of retail and personal service uses on the ground story.

CPC RECOMMENDATION:

Approval

STAFF RECOMMENDATION:

Approval

DESIGNATED ZONING CASE 1

Z123-312(MW) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval based upon: 1. Performance impacts upon surrounding property – Based on the transitional nature of the neighborhood and the site’s proximity to the Inwood/Love Field DART station, performance impacts to surrounding property are anticipated to be positive. 2. Traffic impact – The request will not significantly impact the surrounding roadway system. 3. Comprehensive Plan or Area Plan Conformance – The request complies with the Comprehensive Plan and the Stemmons Corridor-Southwestern Medical District Area Plan. BACKGROUND INFORMATION: •

The ±5.6292-acre request site is comprised of vacant offices, an office showroom/warehouse and undeveloped property.

•

Article XIII, which created the form based zoning districts, was adopted by the City Council on February 25, 2009. The purpose of creating form based zoning was to provide for an additional tool for the implementation of forwardDallas! and to create walkable urban neighborhoods where higher density mixed uses and mixed housing-types promote less dependence on the automobile.

•

The Walkable Urban Mixed Use (WMU) Districts are intended to accommodate a mix of compatible uses in close proximity to one another in a pedestrian-friendly environment. The Shopfront (-SH) overlay is intended to create pedestrian shopping streets through the designation of specific street frontages with development types that support active uses.

•

The proposed WMU-8 District permits a maximum height of 125 feet and eight (8) stories. The applicant’s proposed project is 75 feet in height and six stories.

Zoning History: 1. Z123-216: On June 26, 2013, the City Council approved the renewal of Specific Use Permit No. 1759 for an alcoholic beverage establishment limited to a bar, lounge or tavern on property zoned an IR Industrial Research District with deed restrictions. 2. Z101-199: On August 24, 2011, the City Council approved an MU-3 Mixed Use District with deed restrictions volunteered by the applicant. 3. Z090-169: On August 10, 2011, the City Council approved an MU-3 Mixed Use District with deed restrictions volunteered by the applicant.

Z123-312(MW) 4. Z089-186: June 24, 2009, the City Council approved a Specific Use Permit for an alcoholic beverage establishment limited to a bar, lounge or tavern for a two-year period with eligibility for automatic renewal for additional two-year periods, subject to a site plan and conditions. 5. Z067-320: On December 12, 2007, the City Council approved an MU-2 Mixed Use District and the termination of deed restrictions. 6. Z056-289: On Wednesday, January 10, 2007, the City Council approved an MU2 Mixed Use District. 7. Z056-210: On February 14, 2007, the City Council approved an MU-1 Mixed Use District with deed restrictions volunteered by the applicant. Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Proposed ROW

Denton Drive

Collector

96 feet

60 feet

Inwood Road

Principal arterial

80 feet

100 feet

Sadler Circle

Local

50 feet

N/A

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

Land Use

Northeast

PDD No. 688

DART Green Line ROW; undeveloped land; Thomas J. Rusk Junior High School

Southeast

IR with SUP No. 1654

Inwood/Love Field DART Station

Southwest

Bar; office; outside storage (boats)

Northwest

Single family

Z123-312(MW) STAFF ANALYSIS: Area Plan: The request site is within the Stemmons Corridor-Southwestern Medical District Area Plan, adopted by City Council on June 23, 2012. The plan highlights this area as a strategic opportunity area for a mix of commercial and residential uses. The applicant’s request for a WMU-8 Walkable Mixed Use District with a Shopfront Overlay is consistent with the Stemmons Corridor - Southwestern Medical District Area Plan. Comprehensive Plan: The request site is identified as being within a Campus Building Block on the forwardDallas! Vision Illustration, adopted June 2006. The Campus Building Block focuses on areas around large master-planned educational, institutional, or business facilities outside 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 multifamily 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. The applicant’s proposal is consistent with the following goals and policies of the Comprehensive Plan. LAND USE ELEMENT GOAL 1.2

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

ECONOMIC ELEMENT GOAL 2.1

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

Z123-312(MW) GOAL 2.2

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

HOUSING ELEMENT GOAL 3.2

ANSWER THE NEED FOR HOUSING OPTIONS Policy 3.2.2 Encourage higher density housing within a quarter-mile of DART stations

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: Pursuant to Article XIII, the development types proposed by this application are Mixed Use Shopfront and Apartment, the standards for which are detailed on pages eight through 15 of this report. To accommodate ground story retail and personal service uses adjacent to Inwood Road (a primary street), the applicant proposes to designate a ±13,650-square foot Shopfront Overlay (-SH). Within the Shopfront Overlay (-SH), the standards for a Mixed Use Shopfront development type will apply to at least the first 30 feet of the building measured inward from the street-facing façade. The standards for an Apartment development type will apply to the remainder of the development. To ensure a pedestrian-friendly streetscape, Article XIII requires a five-foot to fifteenfoot dooryard, a six-foot sidewalk, and a six-foot planting zone adjacent to the existing streets. The article also addresses blank wall area, building transparency, minimum and maximum building setbacks, and the locations of surface parking. As demonstrated by the zoning history, the request site is located within an area that has begun to transition from industrial zoning and uses to zoning that will accommodate mixed use development. Based on the transitional nature of the neighborhood, the site’s proximity to the Inwood/Love Field DART station, and the recommendations of the Stemmons Corridor Medical District Area Plan, staff strongly supports the proposed WMU-8 Walkable Mixed Use District with a Shopfront Overlay.

Z123-312(MW) Parking: Pursuant to Article XIII of the Dallas Development Code, parking must be provided according the following ratios: Multifamily uses 1.15 space per one-bedroom or smaller multifamily living unit 1.65 per two-bedroom multifamily living unit 2.00 per three-bedroom multifamily living unit Restaurants: 1 space per 100 square feet of floor area Retail sales 1 space per 250 square feet of floor area Based on its proximity to the Inwood/Love Field DART Station the request site qualifies for a 15 to 25 percent reduction in required parking. Landscaping: Landscaping will be required per Article XIII of the Dallas Development Code.

Z123-312(MW) CPC Action: October 24, 2013: Motion: It was moved to recommend approval of a WMU-8 Walkable Mixed Use District with a Shopfront Overlay on property zoned an IR Industrial Research District on the west corner of Inwood Road and Brown Street. Maker: Second: Result:

Soto Rodgers Carried: 12 to 0

For: 12 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Peadon, Murphy, Ridley Against: Absent: Vacancy:

0 3 - Culbreath, Bernbaum, Alcantar 0

Notices: Replies:

Area: 400 For: 14

Speakers:

For: Suzan Kedron, 901 Main St., Dallas, TX, 75202 Against: None

Mailed:

53 Against:

Z123-312(MW) Development Standards:

Z123-312(MW)

Sec. 51A-1}304 Development Types.

Division 51A-1J. 300. District Regulations.

apartment

(4) Use and Placement.

BUILDING USE A summary of permitted uses is shown on the left. For a complete list of permitted uses, see Secrion 51A-1 no6, " Uses."

BUILDING PLACEMENT LOT

USE (section v iew)

A rea (min sf)

none

A rea (max sf) Width (min ft) Width (max ft)

none none none

l ot coverage (max)

80%

FRONT SETBACKAREA Required street frontage (min): 70%

Primary st.reel (min/ max ft)

Front setback area (min/ max): 5'/15'

Side street (min/ max ft)

5/ 15 5/ 15

Parking setback (min): 30'

Service street (min/ max ft)

none

REQUIRED STREET FRONTAGE

.. ~?~ ~ · · --··-- ·

Side setback (min): varies

I I

Service street (min)

none

From primary street (min ft) From side st.reel (min ft) Rear setback min : varies

Abutting single-family district (min ft)

Abutting multifami~ or nonresidential dist.rict or alley (min ft)

Side setback (min): varies

From service street (min ft)

. __ Si~~ lot lin~

.Q:

SIDE SETBACK

~ :

·~

70% 40%

PARKING SETBACK

~~-· .3

-t-

Primary st.reet (min) Side street (min)

Abutting single-family district (min ft)

- Front setback area

Abutting multifami~ or nonresidential dist.rict (min ft)

{min/max): 5'/15'

15 oor 5

Abutting alley (min ft)

REAR SETBACK Abutting single-family district (min ft)

Abutting multifami~ or nonresidential dist.rict (min ft)

Required street frontage

Abutting alley (min ft)

(min): 40% SIDE STREET

Abutting service street (min ft)

PLACEMENT (plan view)

3-24

Article XIII. Form Districts

DCA 078.011 (Creation of Article XII I)

Z123-312(MW) DH1soon 51A.1}300- District Regulations.

apartment

(S) Height and Elements.

BUILDING HEIGHT

"> ii

Iz.. :c 2

HEIGHT Building heigh! (max stories/ft) Building he1gt11 (min stories)

WMU-3, ·5. -8, - 12 WR-.J, ·S. -8, WMU-20 WR-20 WMU-40 WR-40

Upper-stOIJ height:

~~ ·;i .:

" E "'~

10•

min/ 1) max

See Secuon 51A.1}30>. "Height" -12

2 4

Ground-story height: I

10' min/ 15' max

STORY HEIGHT Ground story (min/max ft) Upper story (min/max ft)

10/15 10/15

HEIGHT (section view) BUI LDI NG FACADE GROUND-STORY TRANSPARENCY Pnmary street facade (min) Side street facade {min) Service street facade (min) Measured from floe< to floe<.

Blank wall aro• (max) Primary str-.: 30•

[IIJ [IIJ [IIJ -

•-•··:;-i····-••••-••• ···-···-···-·••-·oo•-· -•··•-

[[[f[[[] [IIJ [IIJ [IIJ

ITO

Upper-story transparency Primary street: 20% Side street: 20%

UPPER-STORY TRAN SPAREN CY Primary street facade (min) Ground.story transparency Side street facade (min) Primary street: 30% Service street facade (min) Side street: 25% Measured from floor rofloe<.

Blank wall •ro• (m•) Primary sir-.: 30•

BUILDING ENTRANCE Pnmary street Entrance spacing (max linear ft) Side street Service street

HEMENTS (elevation view)

3o96

25% none

20% 20% none

required none allowed allowed

BLANK WALL AREA Primary street (max linear ft) Side street (max linear ft)

30 none

Service street (max li near ft)

none

Article XII I. Form Dlm lcts f

DCA 078-011 (Creation of Article X11 1)

3 -25

Z123-312(MW) Sec. ~ IA路 l3.J04 Development Types.

Division 51A.1J.300. District Regulatiorts.

apartment

(6) Landscaping. (A) Gene ral landscaping sta ndard s are set forth in Section 51A-13.304(a) (2). "La ndscaping." (B) One site tree must be prov ided for every 4,000 square feet of lo t a rea , o r portio n thereof, o r a minimum o f fou r site trees must be provid ed, whichever is greater. (C) Site trees m ust be evenly d istributed throughout the develop ment. (D) Required la ndscaping may be p rov ided a boveground when configured as on-site o pe n s pace in accord ance with Section 51A-1J303, "Open Space."

3-26

An icleXl ll. Form Districts

DCA 078-011 (Creat ion of Article XII I)

Z123-312(MW) List of Partners/Principals/Officers APPLICANT:

OWNERS:

Corrigan Investment Partners, LP. General Partner: Corrigan Development, LLC Corrigan Investments, Sole Member David R. Corrigan, Manager Catherine A. Corrigan, Manager Corrigan Investments Partners, LP. General Partner: Corrigan Development, LLC Corrigan Investments, Sole Member David R. Corrigan, Manager Catherine A. Corrigan, Manager Block A/5708 Investment Partners LP Douglas C. Smellage, President RPLB Properties 1, LTD Douglas C. Smellage, President

Z123-312(MW)

VICINITY MAP 1 :6,000

Case no:

- --=Z:...:.1=2.::.3....: -3:.. 1..;.. . ; 2_ _

Date: ....:....::.. _ _ _3_ _ _ __ 10/9/201

Z123-312(MW)

速

AERIAL MAP

1:3,600

Z123-312

Case no: -~~..=...:...:::....___

10/9/2013 _ __

Date: ~.:.:..=..::....:....:....

Z123-312(MW)

Undeveloped

Single family Public School

Undeveloped Outside storage (boats)

Bar Bar

DART Station Office

Shopping center

Z123-312(MW)

3 7

Z123-312(MW) CPC Responses

Z123-312(MW) Page 1 of 2 10/29/2013

Notification List of Property Owners Z123-312 53 Property Owners Notified

Vote

0 Property Owners Opposed

Label # Address

14 Property Owners in Favor

Owner

2603

INWOOD RD

RED BARN HOLDINGS LP

2615

INWOOD RD

RED BARN HOLDINGS LP

5737

SADLER CIR

CORRIGAN INVESTMENT PARTNERS LP

2715

INWOOD RD

CORRIGAN INVESTMENT PTNRS LP

2719

INWOOD RD

CORRIGAN INVESTMENT PTNRS LP

5729

SADLER CIR

RPLB PPTIES I LTD

5735

SADLER CIR

BLOCK A/5708 INV PTNR LP

5747

SADLER CIR

BLOCK A/5708 INVESTMENT

5760

MAPLE AVE

ADLER PROPERTY CO LLP

2820

INWOOD RD

HARRISON MIKE

2810

INWOOD RD

TONMAR L P

2802

INWOOD RD

PIT PROS 1 INC

2805

CHERRYWOOD AVE

CLARK MICHAEL L &

2809

CHERRYWOOD AVE

CLARK PATRICIA J &

2815

CHERRYWOOD AVE

CLARK PATRICIA J &

2819

CHERRYWOOD AVE

SANTIAGO JULIAN

2823

CHERRYWOOD AVE

TORRES IVAN &

2802

CHERRYWOOD AVE

STREIT JEFFREY MAURICE

2806

CHERRYWOOD AVE

COMMONS GEORGE

2810

CHERRYWOOD AVE

MCDONALD ELLA G EST OF

5715

SADLER CIR

MAPLEWOOD PARTNERS LTD

5711

SADLER CIR

OFFINWOOD LLC

5715

SADLER CIR

CED RUDY

5721

SADLER CIR

FEASTER NANCY H

5723

SADLER CIR

RPLB PPTIES 1 LTD

Z123-312(MW) 26

Vote

5725

SADLER CIR

PARKER JERRY L

Label # Address

Owner

2602

KIMSEY DR

PERKINS JANIE L

2606

KIMSEY DR

COPELAND D K

2723

KIMSEY DR

STARK FRIEDRICH

2614

KIMSEY DR

SOLIS MARTHA M

2618

KIMSEY DR

HEED CYNTHIA LOUISE

2622

KIMSEY DR

MARTINEZ ALEXANDER C &

2626

KIMSEY DR

RODRIGUEZ JUAN &

2702

KIMSEY DR

PATTERSON DAVID C ETAL

2706

KIMSEY DR

PORTILLO SOCORRO H LIFE ESTATE

2710

KIMSEY DR

CORONADO JOSE & ANA M

2714

KIMSEY DR

PECINA DAGOBERTO R &

2718

KIMSEY DR

SOTO GERARDO

2722

KIMSEY DR

WHITE ORCHID HOLDING INC

2724

KIMSEY DR

WHITE ORCHID HOLDING CO

5800

MAPLE AVE

GAS PIPE INC

2623

KIMSEY DR

ARTEAGA JUAN M & GLAFIRA

2627

KIMSEY DR

ALDAPE GABRIELA

2703

KIMSEY DR

CALVARY BEN B & DOROTHY

2707

KIMSEY DR

SMITH EDGAR LEE

2711

KIMSEY DR

PECINA DAGOBERTO &

2727

KIMSEY DR

DALLAS AREA RAPID TRANSIT

2929

INWOOD RD

Dallas ISD

2522

INWOOD RD

AUTOZONE INC

2608

INWOOD RD

2608 INWOOD LTD

2608

INWOOD RD

DART

2516

INWOOD RD

FRIS CHKN LLC % CAJUN OPERATING CO

2720

INWOOD RD

DART

AGENDA ITEM # 91 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45 F

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Subarea B of Planned Development Subdistrict No. 66 within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the southwest side of Harwood Street, southeast of McKinney Avenue Recommendation of Staff and CPC: Approval, subject to a conceptual plan and conditions Z123-321(JH)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER:

Z123-321 (JH)

DATE FILED: June 24, 2013

LOCATION:

Southwest side of Harwood Street, southeast of McKinney Avenue

COUNCIL DISTRICT: 14

MAPSCO:

SIZE OF REQUEST:

CENSUS TRACT: 17.04

Approx. 0.26 acres

45-F

REPRESENTATIVE:

Karl Crawley, Masterplan

APPLICANT:

KDC, LLC

OWNER:

McKinney Harwood, LLC

REQUEST:

An application to amend Subarea B of Planned Development Subdistrict No. 66 within Planned Development District No. 193, the Oak Lawn Special Purpose District.

SUMMARY:

The purpose of the request is to increase the non-residential floor area in Subarea B to allow this property to develop with an adjacent property for an office tower use.

CPC RECOMMENDATION:

Approval, conditions

subject

conceptual

plan

and

STAFF RECOMMENDATION:

Approval, conditions

subject

conceptual

plan

and

DESIGNATED ZONING CASE

Z123-321(JH)

GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval subject to conditions based upon: 1. Performance impacts upon surrounding property (lighting, noise, odor, etc.) – The proposed amendment allows for the property to develop with the zoning rights that resemble the zoning districts that surrounds the property rather than limiting the development to surface or underground parking. 2. Traffic impact – Proposed increase in traffic volume is not enough to trigger traffic impact study. 3. Comprehensive Plan or Area Plan Conformance – The proposed conditions comply with Forward Dallas!, the Oak Lawn Plan, and the Downtown 360 Plan. 4. Deviation from base zoning – The front yard setback is proposed to be a minimum of 12.5 feet as a compromise with the applicant from the current zoning and original request. Currently, PDS No. 66 requires 15 feet while an HC Heavy Commercial Subdistrict requires no front yard. BACKGROUND INFORMATION: •

The request site is currently undeveloped.

•

The applicant proposes to develop the subject property with adjacent property that fronts on McKinney Avenue for an office tower use. PDS No. 66 restricts the subject property, Subarea B, to underground or surface parking and local utility land uses and a maximum floor area of 50 square feet.

•

PDS No. 66 was established on January 11, 2006. PDS No. 66 has two tracts. The purpose of PDS No. 66 was to allow for a 230-dwelling multifamily development on Subarea A that increased the height, lot coverage, and floor area ratio but decreased residential density and non-residential floor area. Subarea B was included in the request to allow for additional parking, but is not used or needed to meet the minimum parking requirement for Subarea A.

Zoning History: 1. BDA112-009

On January 24, 2012, the Board of Adjustment granted a variance to the height regulations of 95 feet to allow the construction of a maximum height of 335 feet.

2. Z123-126

On December 12, 2012, the City Council approved an amendment to Tract 1 of Planned Development Subdistrict No. 50 within Planned Development District No. 193, the Oak Lawn Special Purpose District.

Thoroughfares/Streets: 2

Z123-321(JH)

Thoroughfares/Street

Type

Existing ROW

N. Harwood Street

Local

60 ft.

McKinney Avenue

Minor Arterial

50 ft.

Parking/Traffic: The expected number of trips generated by the proposed use is 584 trips per day according to the trip rate for an office use as submitted by the applicant. A Traffic Impact Study is only required for proposals that generate more than 1,000 trips per day unless a waiver is issued. STAFF ANALYSIS: Comprehensive Plan: The request complies with the following land use goals and policies of the Comprehensive Plan because the development of the property as part of the larger office tower and structured parking development is a more appropriate land use than surface or underground parking in this location in Uptown. Proposed conditions promote a pedestrian, urban environment. LAND USE ELEMENT GOAL 1.1

ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES

Policy 1.1.3

Build a dynamic and expanded Downtown.

URBAN DESIGN GOAL 5.1

PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY

Policy 5.1.1 Policy 5.1.2

Promote pedestrian-friendly streetscapes. Define urban character in Downtown and urban cores.

Area Plans: Oak Lawn. The Oak Lawn Special Purpose District and the Oak Lawn Plan include the following objectives: (1)

To achieve buildings more urban in form.

(2) To promote and protect an attractive street level pedestrian environment with continuous street frontage activities in retail areas.

Z123-321(JH) (3) To encourage the placement of off-street parking underground or within buildings similar in appearance to non-parking buildings. (4) To promote development appropriate to the character of nearby neighborhood uses by imposing standards sensitive to scale and adjacency issues. (5) To use existing zoned development densities as a base from which to plan, while providing bonuses to encourage residential development in commercial areas. (6) To discourage variances or zoning changes which would erode the quantity or quality of single-family neighborhoods, or would fail to adhere to the standards for multiple-family neighborhoods and commercial areas. (7)

To promote landscape/streetscape quality and appearance.

The applicant’s request complies with all of the above objectives. Allowing the subject property to be developed with the adjacent property for office and structured parking is a higher and more appropriate land use than surface parking. Downtown 360. The Downtown Dallas 360 plan identifies Uptown as a “supporting district” to the focus of this implementation plan, which is the Central Business District bounded by Woodall Rodgers Freeway, Central Expressway, I-30 and I-35. The supporting districts are included as the recommended new definition of “Downtown Dallas.” The Downtown 360 Plan was adopted in April of 2011. Uptown is largely successful in balancing jobs, housing and services. As Dallas’s most dense neighborhood, Uptown consists of a wide mix of apartments, condominiums, townhouses, residential towers and historic homes. Despite these assets, large blocks and inward-oriented building architecture present challenges to pedestrian activity in many parts of the district. In the future, developments are expected to fill in gaps to assist in creating a truly walkable, transit-oriented urban neighborhood. With the Klyde Warren Park amenity across the south end of this Harwood Street block, the minimum front yard setback and minimum 10 foot sidewalk with complies with the following recommendations of the Downtown 360 plan: • Create a transit-oriented, walkable neighborhood by developing new projects and redeveloping existing buildings with small setbacks, ground floors with high transparency, and retail/restaurant uses; address parking needs while envisioning no surface parking in front of buildings. • Improve walkability on key streets such as Field/Moody/Pearl, Cedar Springs and Maple by calming traffic, introducing on-street parking, making sidewalk widths consistent, and planting street trees.

Z123-321(JH) Land Use Compatibility: The applicant proposes to develop Subarea B and the adjacent HC Heavy Commercial Subdistrict zoned property at the southwest corner of Harwood Street and McKinney Avenue for a total area of 0.86 acres for an office tower and structured parking having a height in the range of 180 to 240 feet. Subarea B is currently restricted to underground or surface parking and local utilities land uses; maximum structure height of 15 feet; and maximum 50 square feet of floor area. The surrounding land uses are a mix of commercial and multiple-family uses. The property to the north is undeveloped. The history of PDS No. 66 is that it was created to facilitate the development of Subarea A as it is developed today. This block was zoned an HC Heavy Commercial subdistrict like properties to the north and west. The strict zoning restrictions in Subarea B were negotiated in the City Plan Commission and City Council public hearings in 2006 at a time when this area of Uptown was experiencing growth pressures; staff recommended PD conditions were not as restrictive for this tract. The applicantâ&#x20AC;&#x2122;s request was submitted for an HC Heavy Commercial Subdistrict. Staff recommended, and the applicant agreed to, amend PDS No. 66 Subarea B instead of the HC Subdistrict with deed restrictions. Staff supports allowing the property to develop as if it were in an HC Heavy Commercial Subdistrict with conditions more stringent than straight HC zoning for the front yard setback, sidewalk width, and pedestrian lighting. While PDS No. 66 currently requires a minimum front yard setback of 15 feet, staff was comfortable compromising between the HC Subdistrict setback and PDS No. 66 for a minimum front yard setback of 10 feet. The City Plan Commission recommended a minimum front yard setback of 12.5 feet and staff supports this change. Staff does not object to the increase in floor area from 50 square feet to the HC Heavy Commercial standards and allowing the property to be developed in a similar manner to surrounding properties because the proposed PD conditions are meeting the objectives of the Oak Lawn Plan and Downtown 360 Plan and the PDS conditions are improving the street level conditions above the HC Heavy Commercial Subdistrict regulations. This portion of Harwood Street will be developed with more front yard setback than the HC Heavy Commercial zoning that existed on both sides prior to 2006 and larger sidewalks than the minimum PDD No. 193 requirement. This will allow for a friendlier pedestrian connection to Klyde Warren Park for the office and multifamily uses in the area. Landscaping: Landscaping is required in accordance with PDD No. 193 of the Dallas Development Code.

Z123-321(JH) List of Partners/Principals/Officers

McKinney Harwood, LLC Patrick B. Shelby, Manager Aaron A. Shelby, Manager Lloyd Randall Shelby, Manager KDC, LLC Tobin Grove, Manager Steve Van Amburgh, Manager Jeff Innmon, Vice President

Z123-321(JH) CPC Minutes – October, 10, 2013 Motion: It was moved to recommend approval of an amendment to Subarea B of Planned Development Subdistrict No. 66, subject to a conceptual plan and revised conditions, as briefed with following changes: 1) Under SEC. S-66.104. CONCEPTUAL PLAN., delete “Subarea A.” reference in the first sentence. 2) Under SEC. S-66.104. CONCEPTUAL PLAN., delete Subarea B paragraph entirely, and 3) SEC. S-66.105. DEVELOPMENT PLAN, maintain all the language in subparagraph “b”, 3) SEC. S66.108. YARD, LOT, AND SPACE REGULATIONS, (b), second sentence to read: “Minimum setback from Harwood Street right-of-way is 12.5 feet”, and 4) SEC. S66.108. YARD, LOT, AND SPACE REGULATIONS, (e) Height, (3) maintain the language with the following provision to read “Maximum structure height in Subarea B is as permitted in HC District”, within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the southwest side of Harwood Street, southeast of McKinney Avenue. Maker: Second: Result:

Ridley Hinojosa Carried: 13 to 0

For: 13 - Anglin, Soto, Rodgers, Culbreath, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Murphy, Ridley, Alcantar Against: Absent: Vacancy:

0 1 - Wolfish 1 - District 5

Notices: Replies:

Area: 500 For: 2

Mailed: Against:

75 59

Speakers:

For: Karl Crawley, 900 Jackson St., Dallas, TX, 75202 Frank Stich, 4224 N. Hall St., Dallas, TX, 75219 Jim Harris, Address not given Andrew Bennett, 6104 Shadycliff Dr., Dallas, TX, 75240 Against: Frank Schubert, 1999 McKinney Ave., Dallas, TX, 75201 Dick Brink, 1999 McKinney Ave., Dallas, TX, 75201

Z123-321(JH) CPC Recommended PD Conditions Division S-66. PD Subdistrict 66. SEC. S-66.101. LEGISLATIVE HISTORY. PD Subdistrict 66 was established by Ordinance No. 26205, passed by the Dallas City Council on January 11, 2006. SEC. S-66.102. PROPERTY LOCATION AND SIZE. PD Subdistrict 66 is established on property generally located at the northeast corner of McKinney Avenue and St. Paul Street. The size of PD Subdistrict 66 is approximately 1.6 acres. SEC. S-66.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51 and Part I of this article apply to this division. In the event of a conflict, this division controls. In the event of a conflict between Chapter 51 and Part I of this article, Part I of this article controls. (b) In this division: (1) SUBDISTRICT means a subdistrict of PD 193; and (2) SUBAREA A and SUBAREA B mean the subareas shown on the conceptual plan (Exhibit S-66A). In the event of a conflict between the description of Subareas A and B in the Exhibit A of the ordinance establishing this subdistrict and the conceptual plan, the description in Exhibit A controls. (c) Unless otherwise stated, all references to articles, divisions, or sections in this division are to articles, divisions, or sections in Chapter 51. (d) Subarea A[This subdistrict] is considered to be a residential zoning district. Subarea B is considered to be a non-residential zoning district. SEC. S-66.104. CONCEPTUAL PLAN. Development and use of the Property must comply with the conceptual plan. In the event of a conflict between the text of this division and the conceptual plan, the text of this division controls.

Z123-321(JH) SEC. S-66.105. DEVELOPMENT PLAN. (a) Development and use of Subarea A must comply with the development plan for Subarea A (Exhibit S-66B). (b) For Subarea B, a development plan in compliance with the conceptual plan must be approved by the city plan commission before the issuance of any building permit to authorize work in Subarea B. (c) In the event of a conflict between the text of this division and a development plan, the text of this division controls. SEC. S-66.106. MAIN USES PERMITTED. (a) [Subarea A.] [(1)] Except as provided in this subsection, the only main uses permitted in Subarea A are those main uses permitted in the HC Heavy Commercial Subdistrict, subject to the same conditions applicable in the HC Heavy Commercial Subdistrict, as set out in Part I of this article. For example, a use permitted only by specific use permit (SUP) in the HC Heavy Commercial Subdistrict is permitted in this subarea only by SUP; a use subject to development impact review (DIR) in the HC Heavy Commercial Subdistrict is subject to DIR in this subarea; etc. (b)

[(2)] The following main uses are prohibited in Subarea A: (A) Utility and service uses. ---

Radio, television, or microwave tower. Telephone exchange, switching,

requirement. (B) Transportation uses. ---------

Airport or landing field. STOL (short takeoff or landing) port. Passenger bus station and terminal. Helicopter base. Heliport. Helistop. Railroad passenger station. Railroad team track.

Adult day care facility. Halfway house.

and

transmitting

Z123-321(JH) (D) Medical uses. ---

Hospital. Convalescent and nursing homes, hospice care, and related

Ambulance service.

institutions. (E) Educational uses. ------

Business school. Technical school. College, university, or seminary. College fraternity or sorority house. College dormitory.

(F) Recreation and entertainment uses. ---

Carnival or circus (temporary). Wax museum.

(G) Bar and restaurant uses. --

Dance hall.

(H) Professional, personal service, and custom crafts uses. -------

Trade center. Mortuary or funeral home. Commercial laundry or dry cleaning. Taxidermist. Broadcasting or recording studio. Commercial wedding chapel.

(I) Retail uses. ----

Liquor store. Feed store. Pawn shop.

(J) Motor vehicle related uses. --

Automobile or motorcycle display, sales, and service (inside

Automobile or motorcycle display, sales, and service

----

Auto auction. Auto glass, muffler, or seat cover shop. Auto parts sales (inside only).

display). (outside display).

Z123-321(JH) ------

Auto parts sales (outside display). Auto repair garage (inside). Auto painting or body rebuilding shop (inside). Car wash. Engine or motor repair shop.

(K) Commercial uses. ------

Plumbing, electrical, air conditioning, and heating shops. Lumber, brick, or building materials sales yard. Tool and equipment rental (inside display only). Stone, sand, or gravel mining. Sand, gravel, or earth sales and storage.

(L) Storage and waste disposal uses. ---

Warehouse. Inside salvage and reclamation.

(M) Animal related uses. ----

Farm or ranch. Veterinarian's office. Animal pound.

(N) Industrial and manufacturing uses. -------

U-cart concrete system. Light fabrication and assembly. Clothing manufacturing. Bedspread, drapes, and headboard manufacturing. Manufacturing laboratory. Corrugated cardboard box fabrication.

(b) Subarea B. The only main uses permitted in Subarea B are required and nonrequired off-street and underground parking and local utilities. An aboveground parking garage is prohibited in Subarea B. SEC. S-66.107. ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51P-193.108. For more information regarding accessory uses, consult Section 51P-193.108. (b) In this subdistrict, the following accessory uses are not permitted: -- Amateur communication tower.

Z123-321(JH) -- Open storage. -- Private stable. (c) In this subdistrict, the following accessory uses are permitted accessory to a multifamily use, provided that these accessory uses are primarily for the use of the occupants of the building, are contained entirely within the main building housing the multifamily use and connected parking garage, and have no exterior advertising or signs. -- Community centers (private), specifically including, but not limited to such amenities as health studio areas, wine storage areas, hot tubs, pools, steamrooms, poolside refreshment areas, offices (e.g. business centers, internet cafĂŠs, etc.) theatres, pool tables, meeting rooms, and demonstration/party kitchens. SEC. S-66.108. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Part I of this article. In the event of a conflict between this section and Part I of this article, this section controls.) (a) In general. Except as provided in this section, the yard, lot, and space regulations for the HC Heavy Commercial Subdistrict apply in this subdistrict. (b) Setbacks from street frontages. Minimum setback from McKinney Avenue [and Harwood Street] is 15 feet as shown on the conceptual plan. Minimum setback from Harwood Street is 12.5 feet. No minimum setback from St. Paul Street. (c) Side and rear setbacks. Minimum side and rear setback in Subarea A is 10 feet as shown on the conceptual plan. No side or rear setback is required in Subarea B. (d) Density. Maximum number of dwelling units in Subarea A is 230. (e) Height. (1) For multiple-family uses, maximum structure height in Subarea A is 285 feet. (2) In Subarea A, structures located on a roof, such as chimneys, clerestories, communication towers, cooling towers, elevator penthouses or bulkheads, mechanical equipment rooms, plaza or terrace structures, pool structures, skylights, vent stacks, and visual screens that surround mechanical equipment are allowed to project up to 25 feet above the maximum structure height. (3) Maximum structure height in Subarea B is 15 feet. (f) Maximum floor area.

Z123-321(JH) (1) Maximum floor area for all uses combined in Subarea A is 415,000 square feet. (2) Maximum floor area for all non-residential uses combined in Subarea A is 5,000 square feet. (3) Maximum floor area in Subarea B is 50 square feet. (g) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. SEC. S-66.109. OFF-STREET PARKING AND LOADING. (a) Consult Part I of this article for the specific off-street parking and loading requirements for each use. Consult the off-street parking and loading regulations of PD 193 for information regarding off-street parking and loading generally. (b) Subarea A, Parking structures with facades facing St. Paul Street, McKinney Avenue, and Harwood Street, must be either underground or have a facade consisting of any combination of pre-cast concrete (with or without stucco finish), stone, or metal finish provided that the metal finish matches design elements on the main structure for which parking is provided, and glass or louvers. Except for the garage entrances and exits, openings in these parking structure facades may not exceed 40 percent of the total parking structure facade area and must be concealed with louvers or enclosed with glass. (c) Subarea B. Parking structure facades must comply with the general requirements in Sect. 51P-193.127(a). SEC S-66.110. ENVIRONMENTAL PERFORMANCE STANDARDS. (a) In general. Except as provided in this section, see Article VI. (b) LEED certification in Subarea A. (1) A United States Green Building Councilâ&#x20AC;&#x2122;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 on the Property, indicating how development of the Property 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. (2) If during development of the Property, 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

Z123-321(JH) points acceptable under the United States Green Building Councilâ&#x20AC;&#x2122;s LEED rating system. (3) 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). SEC. S-66.111. LANDSCAPING AND SIDEWALKS. (a) Landscaping and screening must be provided in accordance with the landscape and screening requirements of PD 193. (b) Sidewalks must be provided on the Property fronting on McKinney Avenue, Harwood Street, and St. Paul Street, with a minimum of five feet of parkway provided between the sidewalk and the curb. The McKinney Avenue and the Harwood Street sidewalk must be at least 10 feet wide, and the St. Paul Street sidewalk must be at least seven feet wide. The St. Paul Street sidewalk must be located at least two feet away from any building on the Property. (d) Pedestrian scale lighting must be provided in Subarea B at an average of one lighting fixture per 30 feet of street frontage. SEC. S-66.112. SIGNS. Signs must comply with the provisions for business zoning districts in Article VII. SEC. S-66.113. ADDITIONAL PROVISIONS. (a) The entire Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (c) Except as otherwise provided in this division, development and use of the Property must comply with Part I of this article. SEC. S-66.114. PAVING. All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation.

Z123-321(JH) SEC. S-66.115. COMPLIANCE WITH CONDITIONS. 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 subdistrict until there has been full compliance with this division, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. S-66.116. ZONING MAP. PD Subdistrict 66 is located on Zoning Map J-7.

Z123-321(JH)

速

AERIAL MAP

1 :2,400

Case no: Date:

_....::: Z:..12 .:. .;::...:3;._; -3:..;: 2_:_ 1_

10/17/2013

Z123-321(JH)

Undeveloped

Commercial

Mixed uses Multifamily

Undeveloped

Commercial Multifamily

Commercial

Z123-321(JH)

Z123-321(JH) CPC Responses

Z123-321(JH) 10/11/2013

Reply List of Property Owners Z123-321 75 Property Owners Notified Owners Opposed

2 Property Owners in Favor 59 Property

Reply Label # Address O

Owner

1936

MCKINNEY AVE

MCKINNEY HARWOOD LLC

1899

MCKINNEY AVE

PEARL REALTY HOLDINGS LLC

1845

WOODALL RODGERS FWY

1920

MCKINNEY AVE

FULTON HAROLD R 1997

2101

PEARL ST

CHASE BANK OF TX NA

2130

OLIVE ST

DAL UPTOWN LLC

2122

OLIVE ST

BRAHAM DENIS C TR

2001

MCKINNEY AVE

CRESCENT REAL ESTATE

1919

MCKINNEY AVE

HKS BUILDINGS LP

1900

CEDAR SPRINGS RD

SE 1900 CEDAR SPRINGS LP

1909

WOODALL RODGERS FWY

2121

HARWOOD ST

L & W REAL ESTATE LLC

1900

MCKINNEY AVE

1900 MCKINNEY PROPERTIES

2100

MCKINNEY AVE

METROPOLITAN LIFE INC CO

1999

MCKINNEY AVE

ARZOLA FERNANDEO L

1999

MCKINNEY AVE

MOORE F DAVID

1999

MCKINNEY AVE

ARROYO DEANNE ALYSSA

1999

MCKINNEY AVE

CHEN PHILIP

1999

MCKINNEY AVE

SMITH WALTER G &

1999

MCKINNEY AVE

KALIL STEPHEN A &

1999

MCKINNEY AVE

GARRETT MICHAEL L &

1999

MCKINNEY AVE

GANTI RISHI

1999

MCKINNEY AVE

JAIN ANISH K &

1999

MCKINNEY AVE

HENDRICKSON DWIGHT ETAL

1999

MCKINNEY AVE

ANDERSON MELISA ANN D

1999

MCKINNEY AVE

CURTIS AUDREY A

CHARTER WOODALL PARNTERS

L & W REAL ESTATE LLC

Z123-321(JH) 10/11/2013

Reply Label # Address

Owner

1999

MCKINNEY AVE

STALEY MARY

1999

MCKINNEY AVE

REID ROBERT & DAHLIA REID

1999

MCKINNEY AVE

HUTCHINSON WILLIAM L & SUZANNE S

1999

MCKINNEY AVE

SHARP THOMAS L

1999

MCKINNEY AVE

DEANE BELINDA

1999

MCKINNEY AVE

BUGG ROBERT C

1999

MCKINNEY AVE

SALES SUSAN CAROLINE

1999

MCKINNEY AVE

MEDINA MICHAEL A

1999

MCKINNEY AVE

KAYE JONATHAN D

1999

MCKINNEY AVE

1999 MCKINNEY AVE#807 LAND TRUST

1999

MCKINNEY AVE

STUVE OLAF &

1999

MCKINNEY AVE

WERBNER MARK

1999

MCKINNEY AVE

RUVALCABA RICK & MICHELLE

1999

MCKINNEY AVE

ARNOLD VANCE M ETAL

1999

MCKINNEY AVE

MYERSCOUGH PATRICK J

1999

MCKINNEY AVE

CAIRE JACQUELINE

1999

MCKINNEY AVE

HOLLOCK MARY

1999

MCKINNEY AVE

MOORE LARRY H &

1999

MCKINNEY AVE

SCHUBERT FRANK B &

1999

MCKINNEY AVE

NADLER ERIC

1999

MCKINNEY AVE

JONES RUSSELL T &

1999

MCKINNEY AVE

UDASHEN ROBERT & KAREN S

1999

MCKINNEY AVE

HAINES CAPITAL GROUP LLC

1999

MCKINNEY AVE

OREILLY MATTHEW

1999

MCKINNEY AVE

DALE BRUCE

1999

MCKINNEY AVE

BRINK RICHARD R &

1999

MCKINNEY AVE

OBERING MIHOKO K

1999

MCKINNEY AVE

BRADFORD TED R

1999

MCKINNEY AVE

BRUNT WILLIAM B

1999

MCKINNEY AVE

WOMACK STEVEN W

1999

MCKINNEY AVE

CAIRE MARY

Z123-321(JH) 10/11/2013

Reply Label # Address

Owner

1999

MCKINNEY AVE

HOWREY DANIEL L

1999

MCKINNEY AVE

EDMISTON ANGIE L

1999

MCKINNEY AVE

CLB PARTNERS, LTD.

1999

MCKINNEY AVE

ABINGTON TOM E & GLYNDA C

1999

MCKINNEY AVE

WHITE JIM

1999

MCKINNEY AVE

MYERSCOUGH DAVID TRUSTEE

1999

MCKINNEY AVE

WINTER F DAVID JR & RENEE

1999

MCKINNEY AVE

ETTER THEODORE F JR

1999

MCKINNEY AVE

LOMAT INVESTMENTS INC

1999

MCKINNEY AVE

TABBAL GEORGES

1999

MCKINNEY AVE

HORTON EMILY

1999

MCKINNEY AVE

PRITCHARD JOHNNY G &

1999

MCKINNEY AVE

ASHMORE GLEN A

1999

MCKINNEY AVE

EISENSTEIN ABRAM &

1999

MCKINNEY AVE

1999 MCKINNEY AVE#2007 LAND TRUST

1999

MCKINNEY AVE

LEDBETTER FINLEY & JONI

2000

MCKINNEY AVE

2000 MCKINNEY INVESTMENT

2000

MCKINNEY AVE

PARKSIDE RESIDENTIAL LP

AGENDA ITEM # 92 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

34 U; V

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a restaurant with drive-in or drive-through service on property zoned a GR General Retail Subdistrict in Planned Development District No. 193, the Oak Lawn Special Purpose District on the east corner of Maple Avenue and Clara Street Recommendation of Staff: Denial Recommendation of CPC: Approval for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions Z123-323(MW)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER: Z123-323(MW)

DATE FILED: July 1, 2013

LOCATION: East corner of Maple Avenue and Clara Street. COUNCIL DISTRICT: 2

MAPSCO: 34-U, V

SIZE OF REQUEST: ±0.3572 acre

CENSUS TRACT: 0004.04

REPRESENTATIVE:

Drew M. Martin

APPLICANT:

Crestview Companies

OWNER:

TCG Maple Clara Investors LLC

REQUEST:

An application for a Specific Use Permit for a restaurant with drive-in or drive-through service on property zoned a GR General Retail Subdistrict in Planned Development District No. 193, the Oak Lawn Special Purpose District

SUMMARY:

The applicant intends to develop the site with a ±996-square foot restaurant with drive-through service. In addition to the restaurant, the applicant proposes a 300-square foot uncovered patio.

CPC RECOMMENDATION:

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

STAFF RECOMMENDATION:

Denial

DESIGNATED ZONING CASE

Z123-323(MW) GUIDING CRITERIA FOR RECOMMENDATION: The following factors are listed in Chapter 51A of the Dallas Development Code to guide the determination as to whether or not an SUP shall be granted. Staff has listed its findings based upon each component below: 1. Compatibility with surrounding uses and community facilities – The proposed drive-through component is not considered compatible with the adjacent residential development; specifically, the proposed site plan depicts an exit drive on the adjoining residential street. 2. Contributes to, enhances, or promotes the welfare of the area of request and adjacent properties – While the proposed restaurant with drive-through service will likely provide a service to the community, the drive-through component will not contribute to, enhance, or promote the welfare of the adjacent properties.

3. Not a detriment to the public health, safety, or general welfare – Although the traffic circulation pattern is a concern, it is not foreseen that the drive-through component would be detrimental to the public health, safety, or general welfare. 4. Conforms in all other respects to all applicable zoning regulations and standards – The project will meet all regulations and no variances are requested. BACKGROUND INFORMATION: •

The ±0.3572-acre request site is undeveloped.

•

A restaurant is permitted by right; the proposed drive-through component requires a specific use permit.

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

Type

Existing ROW

Clara Street

Local

50 feet

Maple Avenue

Collector

Varies

Z123-323(MW) Traffic: The Engineering Section of the Building Inspection Division of the Department of Sustainable Development and Construction has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. However, the proposed site plan depicts an exit drive on the adjoining residential street. Staff is concerned with potential traffic circulation on Clara Street; however, the City Plan Commission-recommended conditions include the requirement for signage to indicate “No Left Turn”, and “Exit Only adjacent to the exit drive. Surrounding Land Uses: Zoning

Land Use

Northeast

MF-2 in PDD 193

Multifamily

Southeast

GR in PDD 193

Bar; auto-related

Southwest

GR in PDD 193

Retail

Northwest

GR in PDD 193; MF-2 in PDD 193

Restaurant; single family

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

To achieve buildings more urban in form.

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

Z123-323(MW) (7)

To promote landscape/streetscape quality and appearance.

The applicantâ&#x20AC;&#x2122;s proposal to develop the site with an auto-oriented use is not consistent with these objectives. Comprehensive Plan: The Vision Illustration depicts the request site as within an Urban Mixed Use Block on the forwardDallas! Vision Illustration, adopted June 2006. The Urban Mixed-Use Building Block incorporates a vibrant mix of residential and employment uses at a lower density than the Downtown Building Block. These areas are typically near Downtown, along the Trinity River or near major transit centers. Examples include Uptown, the City Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. Buildings range from high-rise residential or midrise commercial towers to townhomes and small corner shops. Good access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use Building Blocks offer employment and housing options and are important economic growth areas for businesses. People on foot or bike can enjoy interesting storefronts at ground level with benches, public art, on-street parking and wide sidewalks, creating an appealing streetscape. Large parking areas and other auto-oriented land uses are typically located at the edges. The proposed auto-oriented use in this area of the City is not consistent with the following goals and policies of the Comprehensive Plan. LAND USE ELEMENT GOAL 1.2

PROMOTE DESIRED DEVELOPMENT

Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. URBAN DESIGN ELEMENT GOAL 5.1

PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY

Policy 5.1.1 Promote pedestrian-friendly streetscapes. URBAN DESIGN GOAL 5.2

Strengthen community and neighborhood identity

Z123-323(MW) NEIGHBORHOOD ELEMENT GOAL 7.1: PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS Policy 7.1.3 Encourage a sense of community and identity. Furthermore, given the site’s residential adjacently, the proposed drive-through component is not consistent with the following goals and policies of the Comprehensive Plan. NEIGHBORHOOD ELEMENT GOAL 7.1

PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS

Policy 7.1.2 Promote neighborhood-development compatibility. Development Standards: District

GR General Retail

Setbacks Front

Side/Rear

10’

No min.

Density

Height

Lot Coverage

Special Standards

Primary Uses

0.75 FAR overall 0.5 office

80’

80%

N/A

Retail & personal service, office

Land Use Compatibility: The proposed drive-through component is not considered compatible with the adjacent residential development. Furthermore, while the proposed drive-through component will likely provide a service to the community, it will not contribute to, enhance, or promote the welfare of the adjacent properties. Therefore, staff does not support the request. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city.

Z123-323(MW) Parking: Pursuant to the PDD No. 193, a restaurant with drive-in or drive-through service requires one (1) space per 100 square feet of floor area. Therefore, the proposed Âą994square foot restaurant requires 10 spaces, as depicted on the site plan. Landscaping: Landscaping must be provided in accordance the GR General Retail landscaping requirements of PDD No. 193, the Oak Lawn Special Purpose District.

Z123-323(MW) CPC Action: November 7, 2013: Motion: It was moved to recommend approval of a Specific Use Permit for a restaurant with drive-in or drive-through service for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions on property zoned a GR General Retail Subdistrict in Planned Development District No. 193, the Oak Lawn Special Purpose District on the east corner of Maple Avenue and Clara Street. Maker: Second: Result:

Soto Anglin Carried: 13 to 0

For: 13 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley Against: Absent: Vacancy: Conflict:

0 1 - Culbreath 0 1 - Alcantar

Notices: Replies:

Area: For:

Speakers:

200 0

Mailed: Against:

28 1

For: Dallas Cothrum, 900 Jackson St., Dallas, TX, 75202 Frank Stich, 4224 N. Hall St., Dallas, TX, 75219 Grey Stogner, 15150 Preston Rd., Dallas, TX, 75248 Against: None

Z123-323(MW) Z123-323 CPC Recommended SUP Conditions 1. USE: The only use authorized by this specific use permit is a restaurant with drive-in or drive-through service. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on (five years), but is eligible for automatic renewal for additional five-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4. INGRESS-EGRESS: Ingress and egress must be provided in the locations shown on the attached site plan. No other ingress or egress is permitted. Signs indicating “No Left Turn”, and “Exit Only” must be posted on the property adjacent to the exit drive to Clara Street. 5. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 6. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

Z123-323(MW)

Proposed Site Plan

Z123-323(MW)

'Zz~~

"t't-, Ma ria Luna ~ Park

速

VICINITY MAP

1 :4,800

Case no: Date:

Z123-323 10/9/201 3

Z123-323(MW)

Multifamily

Single family Multifamily Restaurant

Bar

Auto-related

Retail

Z123-323(MW) CPC Responses

Z123-323(MW)

Page 1 of 2 11/7/2013

Notification List of Property Owners Z123-323 28 Property Owners Notified

Vote

1 Property Owner Opposed

Label # Address

0 Property Owners in Favor

Owner

4736

MAPLE AVE

4732 36 MA LTD

4744

MAPLE AVE

TCG MAPLE CLARA INVESTORS LLC

4722

MAPLE AVE

CUCOVATZ PAUL C &

4724

MAPLE AVE

QUINTANILLA JOE

4730

MAPLE AVE

QUINTANILLA RAY JR

4810

MAPLE AVE

ICAVI INC

4735

MAPLE AVE

QUINTANILLA TECHNOLOGIES INC

4739

MAPLE AVE

QUINTANILLA TECHNOLOGIES

4710

LAKE AVE

BRANDYWINE INVESTMENT LLC

4742

LAKE AVE

QUINTANILLA RAYMOND F

4747

FAIRMOUNT ST

TRG FAIRMOUNT LP

4739

FAIRMOUNT ST

TRG FAIRMOUNT LP

4735

FAIRMOUNT ST

TRG FAIRMOUNT LP

4731

FAIRMOUNT ST

TRG FAIRMOUNT LP

4730

FAIRMOUNT ST

TRG FAIRMOUNT LP

4735

DENTON DR

TRG FAIRMOUNT LP

4714

CASS ST

KALOGRIDIS REAL EST LTD

4821

MAPLE AVE

MAGIC CARPET LTD

4807

MAPLE AVE

MAPLE C PARTNERS LTD

4803

FAIRMOUNT ST

ORTIZ JOSE A & MARIA L

4807

FAIRMOUNT ST

HOWELL DONNA Y

4811

FAIRMOUNT ST

FORTNER GORDON V

Z123-323(MW) Vote

Label # Address Owner 23

4815

FAIRMOUNT ST

MACIAS OCTAVIO &

4819

FAIRMOUNT ST

MEJIA JUAN FRANCISCO &

4820

FAIRMOUNT ST

RODRIGUEZ PAULINO &

4812

FAIRMOUNT ST

AYALA MARIO G

4808

FAIRMOUNT ST

YERSKEY JEANNE M

4804

FAIRMOUNT ST

MAI TUAN &

AGENDA ITEM # 93 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

36 T

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of a Specific Use Permit for a late-hours establishment limited to a restaurant on property zoned Planned Development District No. 842, for CR Community Retail District uses within the MD-1 Greenville Avenue Modified Delta Overlay on the northeast corner of Greenville Avenue and Prospect Avenue Recommendation of Staff: Approval for a two-year period, subject to conditions Recommendation of CPC: Denial Z123-344(CG)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER: Z123-344(CG)

DATE SUBMITTED: August 1, 2013

LOCATION: Greenville Avenue and Prospect Avenue, Northeast Corner COUNCIL DISTRICT: 14

MAPSCO: 36-T

SIZE OF REQUEST: + 3,968 sq. ft.

CENSUS TRACT: 11.01

APPLICANT:

Adriss Ata

REPRESENTATIVE:

Jackie Herrrera

OWNER:

Greenville 2100 Ltd.

REQUEST:

An application for the renewal of Specific Use Permit No. 1906 for a late-hours establishment limited to a restaurant without drive-in or drive-through service on property within Planned Development District No. 842, Greenville Avenue for CR Community Retail District Uses with an MD-1 Modified Delta One Overlay.

SUMMARY:

The applicant is proposing to continue operation of an existing restaurant with late hours.

CPC RECOMMENDATION:

Denial.

STAFF RECOMMENDATION:

Approval for a two-year period, subject to conditions.

DESIGNATED ZONING CASE

Z123-344(CG) GUIDING CRITERIA FOR RECOMMENDATION: Staff recommends approval of this renewal subject to the conditions based upon the following: 1. Compatibility with surrounding uses and community facilities – The existing late-hours restaurant is compatible with the surrounding land uses. The sale of alcoholic beverages in conjunction with the main use does not affect compatibility. 2. Contribution to, enhancement, or promoting the welfare of the area of request and adjacent properties – The existing restaurant lies within PD No. 842 that consists of retail, commercial, personal service and restaurant uses; hence, renewal of the existing SUP would not negatively impact the adjacent properties. 3. Not a detriment to the public health, safety, or general welfare – The existing restaurant use complies with the requirements of PD No. 842 for “late-night establishments” requirements. The purpose of regulating this type use is to reduce the incidence of crime by discouraging an over-proliferation of regionalserving, late-night venues. 4. Conforms in all other respects to all applicable zoning regulations and standards – Based on information depicted on the proposed site plan, the request complies with all applicable zoning regulations and standards. BACKGROUND INFORMATION: •

On January 26, 2011, the City Council approved Planned Development District No. 842 for CR District Uses, and furthermore required an SUP for any retail and personal service uses operating after 12:00 a. m.

•

On September 14, 2011, the City Council approved SUP No. 1906 for a two-year period.

•

The request is to renew SUP No. 1906 to continue operation of the existing use after 12:00 a.m.

•

The site lies within the Area 3 portion of Modified Delta Overlay No. 1.

Z123-344(CG) Zoning History: File No.

Request, Disposition, and Date

1. Z101-261

SUP No. 1881. On August 10, 2011, the City Council approved a Specific Use Permit for a Late-hours establishment limited to a restaurant without drive-in or drive-through service for a fiveyear period.

2. Z101-264

SUP No. 1880. On August 10, 2011, the City Council approved a Specific Use Permit for a late-hours establishment limited to a restaurant without drive-in or drive-through service for a threeyear period subject to a site plan and conditions.

3. Z123-259

SUP No. 1889. On September 14, 2011, the City Council approved a Specific Use Permit for a late-hours establishment limited to an alcoholic beverage establishment operated as a bar, lounge or tavern for a two-year period subject to a site plan and conditions. [SUP renewal pending. (Case Z101-270)]

4. Z101-303

SUP No. 1890. On September 14, 2011, the City Council approved a Specific Use Permit for a Late-hours establishment limited to a restaurant without drive-in or drive-through service for a five-year period subject to a site plan and conditions.

5. Z112-107

SUP No. 1898. On December 14, 2011, the City Council approved a Specific Use Permit for a General merchandise or food store less than 3,500 square feet and a motor vehicle fueling station for a five-year period with eligibility for automatic renewal for additional five-year periods, subject to a site plan and conditions.

6. Z123-262

SUP No. 1905. On September 14, 2011, the City Council approved a Specific Use Permit for a Late-hours establishment limited to a restaurant without drive-in or drive-through service for a two-year period subject to a site plan and conditions.

Z123-344(CG) Thoroughfares/Streets: Thoroughfare/Street

Type

Existing ROW

Greenville Avenue

Local

50 feet

Land Use: Zoning

Land Use

Site

PDD No. 842 with SUP No. 1906

Restaurant

North

PDD No. 842 with SUP No. 1839

Various retail, restaurant & entertainment venues

East

PDD No. 842

South

PDD No. 842 with SUP No. 1890 and SUP No. 1880

West

PDD No. 842

Parking, residential Various retail, restaurant & entertainment venues Various retail, restaurant & general merchandise

STAFF ANALYSIS: Area Plans: Studies conducted in the area include the Lower Greenville Avenue Parking Study (1986) that recommended that “the City enforce premise code violations as it does in other parts of the City of Dallas”. Code Enforcement was also an issue highlighted in the Greenville Avenue Urban Design Study (1996-1997). It was recommended that “initiatives be taken to conduct a comprehensive sweep to clean-up the Greenville Avenue corridor and there after enforce codes with the assistance of property owners, residents, businesses and operations to maintain the property and report violations to the City for follow-up action.” Recommendations from both studies are still applicable today and consistent with authorized hearing SUP recommendations to address quality of life for adjacent residential neighborhoods and the Lowest Greenville Avenue corridor, respectively. Comprehensive Plan: The request site lies within a Main Street Building Block. Main streets are modeled after the American tradition of “main street” as a place for living, working and shopping. Examples of these streets with concentrations of pedestrian activity include Jefferson Boulevard, Knox-Henderson and Lovers Lane. Main streets, typically no more than a mile long, are active areas with buildings one to four stories in height and usually placed right up to the sidewalk with parking available on-street. Away from the “main street,” density quickly diminishes, thus minimizing impacts on nearby neighborhoods. This Building Block will likely be served by bus or rail and contain safe 4

Z123-344(CG) and pleasant walking environments. Streets have trees and wide sidewalks. There may even be landscaped paths from the “main street” to rear parking areas, sidewalk cafes, outdoor dining areas or courtyards. The primary public investment in these areas will be upgrading streets and walkways to create safe high-quality pedestrian environments. In general, the applicant’s proposal is consistent with the following goal 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 Land Use Compatibility: Land Use: The applicant is requesting the renewal of SUP No. 1906 for a late-hours establishment to continue operating between 12:00 a.m. and 2:00 a.m., Monday through Sunday. The restaurant has been at this location since September, 2009. It is surrounded by a mix of retail, restaurant and bar uses. The subject site lies within PDD No. 842. The purpose of PDD No. 842 is to “ensure the compatibility of uses with adjacent residential neighborhoods and to reduce the incidence of crime by discouraging an over-proliferation of regional-serving, late-night venues.” As defined in the PDD, a late-hours establishment is any retail or personal service use that operates between 12:00 a.m. and 6:00 a.m., and furthermore requires an SUP for this defined use. Additionally, the City Council adopted a compliance date of September 23, 2011 for any retail and personal service use operating beyond 12:00 a.m. to obtain the required SUP. All businesses may continue to operate without a late hours establishment SUP provided they close by 12:00 a.m. PDD No. 842 establishes the following criteria for consideration of an SUP for a latehours establishment: (e) Factors to be considered for a specific use permit for a late-hours establishment. The city plan commission and city council shall consider the following factors when making the findings required by Section 51A-4.219(a)(3): (1) establishment;

the number of citations issued by police to patrons of the

(2) the number of citations issued by police for noise ordinance violations by the establishment;

Z123-344(CG) (3) the number of arrests for public intoxication or disorderly conduct associated with the establishment; (4) the number of Texas Alcoholic Beverage Code violations of the establishment; and (5) the number of violent crimes associated with the establishment, with emphasis on violent crimes originating inside the establishment (see Police Activity exhibit). In addition to the regulations of PDD No. 842, the Dallas Development Code establishes general criteria for any use requiring an SUP: 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. 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: The interior restaurant and covered portion of the patio have a total area of 2,443 square feet, which requires 24 parking spaces. The outdoor seating area in the right-of-way requires 1 parking space. It should be noted that on either end of the covered patio are portions of the patio (approximately 800 square feet) that are not covered by a roof. Parking is not required for this uncovered area of the patio. 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.

Z123-344(CG) Dallas Police Department: Police report activity for the past 5 years (2008 â&#x20AC;&#x201C; 2013) is provided below.

Z123-344(CG) .. Servke #

. Offense Da te

I Complainant

Offense

Block

Di<

Sb eet

Beat Repcwtino OCRl

0224734-Y

0 8/ 2 4/ 2 011

LO PEZ.MARGAR ITO

ROBBERY

0 2 100

GREENVILLEAV E

144

1164

0211281-Z

0 8/ 2S/ 2 011

VA LLEJO .LU C IA

FOUND PROPERTY

0 2 100

GREENVILLEAV E

144

1164

43020

0213470-Z

0 8/ 2 6/ 2 01 2

MUHAMMAD.JOHN

THEFT

0 2 100

GREENVILLEAV E

144

1164

069 41 0 7 17 1

0 3A 41

0255937-W

0 8/ 2 7 / 2 009

BRUNER.KE ITH

AUTO THEFT- UUMV

0 2 100

GREENVILLEAV E

144

1164

0244133-X

0 8/ 3 1/ 2 010

@C ITY OF DA LLAS

FOUND PROPERTY

0 2 100

GREENVILLEAV E

144

1164

43020

0239738-Y

0 9/ 0 9/ 2 011

* T EXAS STA N DARO CO NSTR ... THEFT

0 2 100

GREENVILLEAV E

144

1164

069 4 3

0240380-Y

0 9/ 10/ 2 011

@C ITY OF DA LLAS

FOUND PROPERTY

0 2 100

GREENVILLEAV E

144

1164

43020

0246264-Z

10/ 0 3/ 2 01 2

@C ITY OF DALLAS

FOUND PROPERTY

0 2 100

GREENVILLEAV E

144

1164

43020

0308169-V

10/ 04/ 2 008

KARINA.ER I•C A

FOUND PROPERTY

0 2 100

GREENVILLEAV E

142

1164

43020

0256932-Z

10/ l S/ 2 01 2

@C ITY OF DALLAS

FOUND PROPERTY

0 2 100

GREENVILLEAV E

144

1164

43020

0256914-Z

10/ l S/ 2 012

@C ITY OF DA LLAS

FOUND P ROP ERTY

0 2 100

GREENVILLEAV E

144

1164

43020

0309037-W

10/ 17/ 2 009

DELGADO.ALEXANDRA

THEFT

0 2 100

GREENVILLEAV E

144

1164

069 41

0329506-V

10/ 2 4/ 2 008

TORABI-SEFIDABI. A MIR

C RIMINAL MISCH IEFN A NDALIS M

0 2 100

GREENVILLEAV E

142

1164

1403 1

0323505-W

10/ 3 1/ 2 009

@C ITY OF DALLAS

FOUND P ROP ERTY

0 2 100

GREENVILLEAV E

144

1164

43020

0272382-Z

11/ 0 2/ 2 01 2

S TONAKER. DAV ID

THEFT

0 2 100

GREENVILLEAV E

144

1164

069 41

Offense Date

Complainant

Offense

Block

Sb eet

Beat Repcwtino OCRl

u 0343656-V

11/ 0 8/ 2 008

CAST ILLE. V INC ENT

C RIMINAL MISCH IEFN A NDALIS M

0 2 100

GREENVILLEAV E

142

1164

14092

0289060-Z

11/ 2 1/ 2 01 2

V ELAS QUEZ, ERA S MO

ASSAULT

0 2 100

GREENVILLEAV E

144

1164

0 8 12 1

Servke #

Di<

OCR2

Z123-344(CG)

Officers for Kush Inc. Adriss Ata

Officers for Greenville 2100, LTD. Susan B. Reese Larry Vineyard

Z123-344(CG) CPC Action: (October 24, 2013)

Motion: It was moved to recommend denial of the renewal of Specific Use Permit No. 1906 for a late-hours establishment limited to a restaurant on property zoned Planned Development District No. 842, for CR Community Retail District uses with an MD-1 Modified Delta One Overlay on the northeast corner of Prospect Avenue and Greenville Avenue. Maker: Ridley Second: Hinojosa Result: Carried: 13 to 0 For: 13 - Anglin, Soto, Rodgers, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Peadon, Murphy, Ridley Against:

Absent:

2 - Culbreath, Alcantar

Vacancy:

Notices: Area: Replies: For: 2 Speakers:

200 Mailed: 21 Against: 1

For: Jackie Herrera, 4526 Thunder Rd., Dallas, TX, Against: Patricia Carr, 5843 Vanderbilt Ave., Dallas, TX, 75206 Cheryl Kellis, 2509 Summit Ave., Dallas, TX, 75206 Beth Bentley, 5551 Vickery Blvd., Dallas, TX, 75206 Rick Bentley, 5551 Vickery Blvd., Dallas, TX, 75206 Will Short, 5618 Richard Ave., Dallas, TX, 75206 Darren Dattalo, 5911 Goliad Ave., Dallas, TX, 75206 Kim Comerford, 5623 Richmond Ave., Dallas, TX, 75206 Gay Hopkins, 6030 Monticello Ave., Dallas, TX, 752506

Z123-344(CG) STAFF RECOMMENDED SUP CONDITIONS

USE: The only use authorized by this specific use permit is a late-hours establishment limited to a restaurant without drive-in or drive-through service.

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

TIME LIMIT: This specific use permit expires on September 14, 2013. This Specific Use Permit expires in two years.

FLOOR AREA: Maximum floor area is 1,600 square feet in the location shown on the attached site plan.

OUTDOOR PATIO AREA: A. Maximum land area for the outdoor patio area is 1,380 square feet in the location shown on the attached site plan.

HOURS OF OPERATION: A. The late-hours establishment may only operate between 12:00 a.m. (midnight) and 2:00 a.m. (the next day), Monday through Sunday. B. All customers must leave the Property by 2:15 a.m.

CERTIFICATE OF OCCUPANCY: The owner or operator must obtain a certificate of occupancy for a late-hours establishment before operating after 12:00 a.m. (midnight).

PARKING: Parking must be provided in accordance with Planned Development District No. 842 and MD-1 Modified Delta Overlay No. 1. Any covered patio area must be parked to code.

OUTDOOR LOUDSPEAKERS: prohibited.

10.

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

11.

GENERAL REQUIREMENT: 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.

Use of outdoor loudspeakers on the Property is

Z123-344(CG) Proposed Site Plan

Z123-344(CG)

VICINITY MAP

1:4,800 13

C•::

~~:!~~~

Z123-344(CG)

Retail

Various retail, restaurant, and entertainment venues throughout the corridor Residential

Surface parking

Z123-344(CG)

2 6

Z123-344(CG)

AERIAL MAP 1:1 ,200 17

Case no: Date:

Z123-344 10/9/2013

Z123-344(CG)

CPC RESPONSES

Z123-344(CG)

Notification List of Property Owners Z123-344 21 Property Owners Notified

Label # Address

Owner

2100

GREENVILLE AVE

GREENVILLE 2100 LTD STE 300

5702

RICHMOND AVE

GREENVILLE ROSS PTNR LTD ATTN: TAX DEPT

5710

RICHMOND AVE

SANCHEZ FIDENCIO

5714

RICHMOND AVE

REESE GRANDCHILDRENS

5719

PROSPECT AVE

MADISON PACIFIC DEV COM DEVELOPMENT CO #

5711

PROSPECT AVE

ANDRES FAMILY TRUST 200

2026

GREENVILLE AVE

ANDRES FAMILY TRUST

2004

GREENVILLE AVE

LAVO PROPERTIES LLC

5715

ORAM ST

TEXAS UTILITIES ELEC CO % STATE & LOCAL

5724

PROSPECT AVE

ANDRES DAVE STE 200

5643

BELL ST

BATM PROP LP

2101

GREENVILLE AVE

2001 GREENVILLE VENTURE % MADISON PACIFI

1931

GREENVILLE AVE

GENARO TRUST 1 % THOMAS ODDO

1919

GREENVILLE AVE

1919 27 GREENVILLE LTD

2100

STONEBRIAR CT

STONEBRIAR CT H O A

STONEBRIAR CT

CUMMINGHAM CAROLINE

STONEBRIAR CT

STOKES ROBERT CHARLES

STONEBRIAR CT

MATTHEW JOHN W &

STONEBRIAR CT

WHITE SHARI

STONEBRIAR CT

HOOPER NICOLE E

2001

GREENVILLE AVE

2001 GREENVILLE VENTURE LTD

AGENDA ITEM # 94 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

13 X

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a detached non-premise sign (billboard) use on property zoned a GO(A) General Office District on the southwest corner of LBJ Freeway and Bank Way Lane (formerly Nelda Lane) Recommendation of Staff: Approval for a ten-year period, subject to site plan and conditions Recommendation of CPC: Denial without prejudice Z123-361(CG)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER:

Z123-361(CG)

DATE FILED: August 21, 2013

LOCATION:

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

COUNCIL DISTRICT:

MAPSCO: 13-X

SIZE OF REQUEST:

+ 670 sq. ft.

CENSUS TRACT: 96.05

APPLICANT/ OWNER:

LBJ Metroplex LP Ralston Outdoor

REPRESENTATIVE:

MASTERPLAN

REQUEST:

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

SUMMARY:

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

CPC RECOMMENDATION:

Denial without prejudice

STAFF RECOMMENDATION:

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

DESIGNATED ZONING CASE

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

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

•

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

•

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

•

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

Z123-361(CG) â&#x20AC;˘

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

â&#x20AC;˘

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

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

Type

Existing ROW

Proposed ROW

60 ft.

Variable Width, Limited Access Freeway

Bankway Lane Land Use: Zoning

Land Use

Site

GO(A)

North South East West

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

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

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

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

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

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

No parking is required for this use.

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

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

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

Against: Absent: Vacancy:

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

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

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

Area: For:

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

200 0

Mailed: 2 Against: 1

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

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

Z123-361(CG) PROPOSED SITE PLAN

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Z123-361(CG)

Office

Office & Financial Institution

Office & Retail

Retail & Commercial

Z123-361(CG) CPC RESPONSES

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

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

Vote X

1 Property Owner Opposed

Label # Address

0 Property

Owner

2974

LBJ FWY

LBJ METROPLEX LP

3010

LBJ FWY

ONE GRAYSTONE CENTRE LP

AGENDA ITEM # 95 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Sustainable Development and Construction

CMO:

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

MAPSCO:

45 P

SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the creation of a new subdistrict within the Downtown Special Purpose Sign District (SPSD) to increase signage and effective area in an area generally bounded by Main Street, Elm Street, North Lamar Street, and North Griffin Street Recommendation of Staff: Denial Recommendation of CPC: Approval, subject to conditions SPSD123-002(CG)

HONORABLE MAYOR & CITY COUNCIL

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

FILE NUMBER: SPSD123-002

DATE INITIATED: June 24, 2013

LOCATION: Area bound by Main Street, Elm Street, N. Lamar Street, and N. Griffin Street COUNCIL DISTRICT: 14

MAPSCO: 45-P

SIZE OF REQUEST: +1.53 acres

CENSUS TRACT: 31.01

APPLICANT:

Dallas Main LP % Sunbelt Management Company

REPRESENTATIVE(S):

Maxwell Fisher, Masterplan Willie Cothrum, Masterplan

REQUEST:

An application to create a new subdistrict within the Downtown Special Purpose Sign District (SPSD) to increase signage and effective area.

SUMMARY:

The purpose of this request is to create a new subdistrict to allow detached premise signs and increase the effective area of directional control signs in the Downtown SPSD (Retail Subdistrict).

CPC RECOMMENDATION:

Approval, subject to conditions.

STAFF RECOMMENDATION:

Denial.

DESIGNATED ZONING CASE

SPSD 123-002(CG) BACKGROUND INFORMATION: •

The request is for a new subdistrict within the Downtown Special Provision Sign District (SPSD).

•

The request is to allow 11 detached premise signs and increase the effective area of directional control signs associated with the existing Bank of America site.

•

An amendment to the Downtown Subdistrict was approved on July 11, 2013, the City Plan Commission approved a waiver of the two-year waiting period to consider the proposed request.

•

The Special Sign District Advisory Committee (SSDAC) considered the request on 8/27/13, 9/10/13, and granted approval on 10/8/13.

•

On November 11, 2013, the City Plan Commission followed SSDAC’s recommendation and amended ordinance language to address spacing provisions for four (4) monument signs on Main Street (per Sec. 51A-7.304 of the Dallas Development Code).

STAFF ANALYSIS: The subject site is the home of Bank of America, the tallest building in downtown Dallas. Adjacent land use to the subject site includes a high-rise office building on the east; surface parking lot to the south; a high rise office building on the west; and a plaza and retail building on the east. All the surrounding properties are located in the West End Historic SPSD or the Retail Core Subarea with the Downtown SPSD. The applicant proposes the following 11 signs all of which are classified today as detached premise signs: 3 1 4 3

- detached premise (A-1, Tenant) - detached premise (A-2, Campus ID) - detached premise (A-4, Retaining Wall) - detached premise (B-1 & B-2, Movement Control)

In addition to the 11 signs listed above, the site plan shows the construction of 3 additional detached premise “pedestrian-oriented concession” signs. The signs are permitted by right; however, self-imposed conditions are being offered for height, setback and effective area. Staff is recommending denial due to the number of requested signs on Main Street. Currently, a premise having more than 450 feet of frontage along a street may have no more than one (1) additional detached premise sign for each additional 100 feet of frontage or fraction thereof. With approximately 350 feet of frontage along Main Street, 2

SPSD 123-002(CG) that would be one (1) sign. The number of requested signs in the plaza area would exceed the premise limit by 4 signs (3 tenant and 1 campus identification). Staff worked with the representatives to reduce the number of signs to minimize the “visual impact” of a proliferation of signs on the subject site particularly along its Main Street frontage; however, an agreement was not reached. The proposal would be supported if the recommended signage were reduced by three (3) detached “tenant” signs in the 14,260 square foot plaza area; hence, maintaining the intent of being aesthetically appealing at the street level. The applicant indicates that the “subject site was originally designed as a “garden tower”; however, the area has become a crowded overgrown street frontage to the city and lacks the kind of urban open space that is appropriate for Dallas’ tallest structure. The intent of the Bank of America renovation is to provide an urban plaza that creates an open area in the foreground of the tower as it is approached, as well as a landing from which the pedestrian may experience the city around it. This basic move – the urban plaza – will emphasize the tower’s Main Street “front door” presence and provide a stronger connection between the tower and the street pedestrian.”

SPSD 123-002(CG) LIST OF OFFICERS Dallas Main L.P.

Main Center Inc. is the sole General Partner.

The officers for Main Center Inc. are: Thomas R. Prescott, President Stephen T. Falvey, Executive VP, Chief Financial Officer, and Secretary Thomas Dempsey, VP, Real Estate William J. Ghory, VP, Engineering Linda F. Forment, Assistant Secretary Ryan D. Curry, Chief Accounting Officer

SPSD 123-002(CG) SSDAC ACTION (August 27, 2013): Motion: It was moved to hold case under advisement until September 10, 2013. Maker: Second: Result:

Tarpley Van Dermark Carried: 3 to 0 For: 3 – Bauer, Tarpley, Van Dermark Against: 0 Absent: 1 – Gomez (excused at 11:45 am) Conflict: 0

Speaker(s): 1. Maxwell Fisher (MasterPlan) 2. Willie Cothrum (MasterPlan) SSDAC ACTION (September 10, 2013): Motion: It was moved to hold case under advisement until October 8, 2013. Maker: Second: Result:

Tarpley Van Dermark Carried: 3 to 0 For: 3 – Bauer, Tarpley, Van Dermark Against: 0 Absent: 1 – Gomez Conflict: 0

Speaker(s): Willie Cothrum (MasterPlan) SSDAC ACTION (October 8, 2013): Motion: It was moved to accept the language of the subdistrict ordinance with the following changes: 1) redefine “wall sign” to read “retaining wall”; remove “plaza language” inserting 1.5 million square foot or greater single building tenant; and to accept three tenant and one campus identification monument signs. Maker: Second: Result:

Van Dermark Phiffer Carried: 3 to 0 For: 3 – Bauer, Van Dermark, Phiffer Against: 0 Absent: 2 – Gomez, Tarpley Conflict: 0

Speaker(s): 1. Maxwell Fisher (MasterPlan) 2. Willie Cothrum (MasterPlan) 3. Tom Prescott (Metropolis Investment Holdings) 4. Jim Crawford (Downtown Dallas, Inc.)

SPSD 123-002(CG) City Plan Commission Action: (November 7, 2013) Motion: It was moved to recommend approval of the creation of a new subdistrict within the Downtown Special Purpose Sign District (SPSD) to increase signage in an area generally bounded by Main Street, Elm Street, North Lamar Street, and North Griffin Street to include the following: 1) on page 11, insert Staff’s recommendation to read, “signs are permitted if the building site contains a single building with a floor area of 1.5 million square feet or greater” and strike “and having a plaza or publicly accessible open space area comprising 14,200 square feet on Main Street” and 2) on page 12, under Subsection (2) Additional monument signs, insert new subsection as follows: “(F) The spacing provision of Section 51A-7.304(b)(5) “Detached Signs” does not apply”. Maker: Ridley Second: Bernbaum Result: Carried: 12 to 0 For: 12 - Anglin, Soto, Shidid, Hinojosa, Bagley, Lavallaisaa, Tarpley, Bernbaum, Peadon, Murphy, Ridley, Alcantar Against:

Absent:

2 - Rodger, Culbreath

Vacancy:

Conflict: Speakers:

For:

For (Did not speak): Against:

1 - Shellene

William Cothrum, 900 Jackson St., Dallas, TX, 75202 John Crawford, 2200 Ross Ave., Dallas, TX, 75201 Maxwell Fisher, 900 Jackson St., Dallas, TX, 75202 None

SPSD 123-002(CG) PROPOSED CONDITIONS SECTION 1. That Section 51A-7.901.1, “Designation of Subdistricts,” of Division 51A7.900, “Downtown Special Provision Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “SEC. 51A-7.901.1.

DESIGNATION OF SUBDISTRICTS.

(a) This district is divided into six [five] subdistricts: [the] Retail Subdistrict A, Retail Subdistrict B, the General CBD Subdistrict, the Downtown Perimeter Subdistrict, the Main Street Subdistrict, and the Convention Center Subdistrict. (b) [The] Retail Subdistrict A is that central area of downtown within the following described boundaries: BEGINNING at a point being the intersection of the centerlines of Pacific Avenue and Lamar Street; THENCE with said centerline of Pacific Avenue proceeding easterly to the intersection of Pacific Avenue and Bryan Street; THENCE with said centerline of Bryan Street proceeding northeasterly to the intersection of IH45; THENCE with said centerline of IH-45 proceeding southerly to the intersection of Commerce Street and IH-45; THENCE with said centerline of Commerce Street proceeding westerly [easterly] to the intersection of Harwood Street; THENCE with said centerline of Harwood Street proceeding southerly to the intersection of Wood Street; THENCE with said centerline of Wood Street proceeding westerly to the intersection of Griffin Street; THENCE with the said centerline of Griffin Street proceeding northerly to the intersection of Jackson Street; THENCE with the said centerline of Jackson Street proceeding westerly to the intersection of Austin Street;

SPSD 123-002(CG) THENCE with the said centerline of Austin Street proceeding northerly to the intersection of Main Street; THENCE with the said centerline of Main Street proceeding easterly to the intersection of Griffin [Lamar] Street; THENCE with the said centerline of Griffin Street proceeding northerly to the intersection of Elm Street; THENCE with the said centerline of Elm Street proceeding westerly to the intersection of Lamar Street; THENCE with the said centerline of Lamar Street proceeding northerly to the intersection, and point of origin, of Pacific Avenue, save and except that area that is in the Main Street Subdistrict. (c) Retail Subdistrict B is that central area of downtown within the following described boundaries:

BEGINNING at a point being the intersection of the centerlines of Elm Street and Lamar Street; THENCE with said centerline of Elm Street proceeding easterly to the intersection of Griffin Street; THENCE with said centerline of Griffin Street proceeding southerly to the intersection of Main Street; THENCE with said centerline of Main Street proceeding westerly to the intersection of Lamar Street; THENCE with said centerline of Lamar Street proceeding northerly to the POINT OF BEGINNING. (d) The General CBD Subdistrict is that area of the district within the Freeway Loop, more particularly described in metes and bounds as follows: BEGINNING at a point being the intersection of the centerlines of Woodall Rodgers Freeway and IH-45; THENCE with said centerline of IH-45 proceeding southerly to the intersection of IH-30; THENCE with said centerline of IH-30 proceeding westerly to the intersection of IH-35E; THENCE with said centerline of IH-35E proceeding northerly to the intersection of the Woodall Rodgers Freeway; 8

SPSD 123-002(CG) THENCE with said centerline of Woodall Rodgers Freeway easterly to the intersection, and point of origin, of IH-45, except that area that is in the Convention Center Subdistrict, the Main Street Subdistrict, Retail Subdistrict A, and Retail Subdistrict B or any other special provision sign district created under this article. (e[d]) The Downtown Perimeter Subdistrict is that area outside of the freeway loop within the downtown sign district. (f[e]) The Main Street Subdistrict is that area of downtown near Main Street described in Exhibit A attached to Ordinance No. 24925. (g[f]) The Convention Center Subdistrict is that area of downtown near the convention center, more particularly described in metes and bounds as follows: BEGINNING at a point being the intersection of the centerline of R.L. Thornton Freeway with the centerline of Hotel Street; THENCE, in a northwesterly direction along the centerline of Hotel Street to its intersection with the centerline of the Jefferson Boulevard Viaduct/Market Street; THENCE, in a northeasterly and northwesterly direction along the centerline of the Jefferson Boulevard Viaduct/Market Street to its intersection with the centerline of Jackson Street; THENCE, in a northeasterly direction along the centerline of Jackson Street to its intersection with the centerline of South Griffin Street; THENCE, in a southeasterly direction along the centerline of South Griffin Street to its intersection with the centerline of Wood Street; THENCE, in a northeasterly direction along the centerline of Wood Street to its intersection with the centerline of Akard Street; THENCE, in a southeasterly direction along the centerline of Akard Street to its intersection with the centerline of R.L. Thornton Freeway; THENCE, in a southwesterly direction along the centerline of R.L. Thornton Freeway, to the POINT OF BEGINNING.” SECTION 2. That Section 51A-7.903, “Definitions,” of Article 51A-7.900, “Downtown Special Provision Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” is amended by adding a new Paragraph (24.1) to read as follows: Applicant’s recommendation: 9

SPSD 123-002(CG) “(24.1) PEDESTRIAN-ORIENTED CONCESSION SIGN means displaying advertising for one or more subsidiary concessions to on-site pedestrians.”

sign

SECTION 3. That Section 51A-7.903, “Definitions,” of Article 51A-7.900, “Downtown Special Provision Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” is amended by adding a new Paragraph (29.1) to read as follows: “(29.1) RETAINING WALL SIGN means a sign in Retail Subdistrict B affixed or engraved into a retaining wall supporting a landscape bed or similar feature.”

SECTION 4. That Paragraph (1), “Lower Level Flat Attached Signs,” of Subsection (e), “Flat Attached Signs,” of Section 51A-7.911, “Attached Premise Signs,” of Division 51A-7.900, “Downtown Special Provision Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” is amended to read as follows: “(1)

Lower level flat attached signs.

(A) Except as provided in this paragraph, t[T]he maximum number of lower level flat attached signs permitted on a facade is the sum obtained by counting all of the street entrances and first floor occupants with windows on that facade with no street entrances. (B) In the general CBD and convention center subdistricts, the maximum effective area for a lower level flat attached sign is: (i)

30 square feet if the sign is within 15 feet of the right-of-

(ii)

50 square feet if the sign is more than 15 feet from the

way; and

right-of-way. (C) Except as provided in this paragraph, i[I]n the Main Street Subdistrict, Retail Subdistrict A, and R[r]etail S[s]ubdistrict[s] B, the maximum effective area for a lower level flat attached sign is: (i)

40 square feet if the sign is within 15 feet of the right-of-

way; or 10

SPSD 123-002(CG) (ii)

60 square feet if the sign is more than 15 feet from the

right-of-way. (D) In Retail Subdistrict B, if retaining wall signs are erected pursuant to Section 51A-7.912, a maximum of one flat attached sign is permitted per building entry with a maximum effective area of 10 square feet per sign. The provisions of Subparagraph (C) apply in the absence of retaining wall signs.” SECTION 5. That Section 51A-7.912, “Detached Premise Signs,” of Article 51A-7.900, “Downtown Special Provision Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” is amended to read as follows: “SEC. 51A-7.912.

DETACHED PREMISE SIGNS.

(a) Unless otherwise provided, all detached premise signs must be monument signs or landscape signs. (b) No detached premise sign may be located within five feet of a public right-ofway, except for monument signs or landscape signs, which may be located at the building line. (c) Except as provided in this section, d[D]etached premise signs located within 15 feet of a public right-of-way may not exceed 20 square feet in effective area, or five feet in height. (d) Except as provided in this section, d[D]etached premise signs with a setback of 15 feet or greater from a public right-of-way may not exceed 50 square feet in effective area, or 15 feet in height. (e) A detached premise sign may contain only the name, logo, and address of the premise building and its occupants. (f) Section 51A-7.304(c) of the Dallas Development Code, as amended, does not apply to monument signs or landscape signs in these subdistricts. (g) Except as provided in this section, a[A] premise having more than 450 feet of frontage along a street may have no more than one additional detached premise sign for each additional 100 feet of frontage or fraction thereof. For purposes of the subsection, “street” means a right-of-way that provides primary access to adjacent property. Staff’s recommendation: 11

SPSD 123-002(CG)

“Signs are permitted if the building site contains a single building with a floor area of 1.5 million square feet or greater and having a plaza or publicly accessible open space area comprising 14,260 square feet on Main Street.”

CPC’s recommendation: “Signs are permitted if the building site contains a single building with a floor area of 1.5 million square feet or greater.” (h)

The following additional regulations apply in Retail Subdistrict B. (1)

Campus identification sign. (A)

One campus identification sign is permitted.

(B)

This sign must be located within 15 feet of the right-of-way.

(C)

Maximum height is four feet, six inches.

(D)

Maximum effective area is 77 square feet.

(E)

The message area cannot exceed 70 percent of the effective area.

(F)

Push through acrylic lettering is required. No other lettering is

permitted. (2)

Additional monument signs.

(A) Three additional monument signs are permitted if the building site contains a single building with a floor area of 1.5 million square feet or greater. (B)

Maximum height is four feet, six inches.

(C)

Maximum effective area of each sign is 45 square feet.

(D)

The message area cannot exceed 60 percent of the effective area.

(E) These signs may be located along any street, provided there are no more than five detached premise signs oriented toward any street. CPC’s recommendation: “(F) The spacing provision of Section 51A-7.304(b)(5) “Detached Signs” does not apply”. 12

SPSD 123-002(CG) (3)

(4)

Retaining wall signs. (A)

A maximum of four retaining wall signs are permitted.

(B)

Maximum effective area of each sign is 40 square feet.

Pedestrian-oriented concession signs. (A)

A maximum of three pedestrian-oriented concessions signs are

(B)

These signs may contain campus and associated identification.

(C)

Minimum setback is 15 feet.

(D)

Maximum height is eight feet, eight inches.

(E)

Maximum effective area of each sign is 30 square feet.

(F)

There is no message area restriction for these signs.

(G)

Push through acrylic lettering is required. No other lettering is

permitted.

permitted. (5)

Illumination.

(A) Except as provided in this paragraph, internal sources of illumination may only be used if the internal source is an integral part of the sign’s design, such as the use of light emitting diodes (LED) or small individual incandescent lamps. (B) Except as provided in this paragraph, detached premise signs must not have a plastic translucent cover. (C) Retaining wall signs and pedestrian-oriented concession signs may be externally lit, or internally lit with a translucent or transparent cover, without limitation to the type of lighting or cover materials.” SECTION 6. That Subsection (a) of Section 51A-7.919, “Movement Control Signs,” of Article 51A-7.900, “Downtown Special Provision Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” is amended to read as follows:

SPSD 123-002(CG) “(a) Except as provided in this section, m[M]ovement control signs must direct vehicular or pedestrian movement within this district or to adjacent districts and may include the name or logo of any premise located in this district or the name or logo of any adjacent district.” SECTION 7. That Section 51A-7.919, “Movement Control Signs,” of Article 51A7.900, “Downtown Special Provision Sign District,” of Article VII, “Sign Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” is amended by adding a new Subsection (d) to read as follows: “(d)

Retail Subdistrict B.

(1) Movement control signs cannot include the name or logo of any premise located in this subdistrict or adjacent subdistricts. (2)

Pedestrian movement control signs may: (A)

be attached or detached signs;

(B)

not exceed 10 square feet in effective area;

(C)

not exceed a message area of 75 percent;

(D)

not exceed a maximum letter height of five inches;

(E)

not be located in a public right-of-way; and

(F)

be erected anywhere in this subdistrict without limitation as to

number. (3)

Vehicular movement control signs may: (A)

be attached or detached signs;

(B)

not exceed two square feet in effective area;

(C)

not be located in a public right-of-way; and

(D)

be erected anywhere in this subdistrict without limitation as to

number.”

SPSD 123-002(CG)

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SPSD 123-002(CG)

SPSD 123-002(CG) CPC RESPONSES 11/8/2013

Reply List of Property Owners SPSD123-002 18 Property Owners Notified Owners Opposed

0 Property Owners in Favor

Reply Label # Address

0 Property

Owner

901

MAIN ST

DALLAS MAIN LP

100

LAMAR ST

INTERFIRST BANK DALLAS

901

MAIN ST

INTERFIRST BANK DALLAS

811

ELM ST

ANTIOCH CHURCH

815

ELM ST

ANTIOCH CHURCH

813

ELM ST

ANTIOCH CHURCH

804

PACIFIC AVE

ANTIOCH CHURCH

801

ELM ST

ANTIOCH CHURCH

1015

ELM ST

TOG HOTELS DOWNTOWN

1025

ELM ST

LOWEN 1025 ELM LP

907

ELM ST

HARMON FRANK G III ET AL

901

ELM ST

DART

911

ELM ST

HIRSH FAMILY TRUST ET AL

909

ELM ST

RP ELM ERVAY PROPERTIES LP

909

COMMERCE ST

DALLAS MAIN LP

1201

MAIN ST

RAK MAIN PLACE ASSOC LP

705

MAIN ST

DALLAS COUNTY COMMUNITY

800

MAIN ST

DALLAS MAIN LP

AGENDA ITEM # 96 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

N/A

DEPARTMENT:

Sustainable Development and Construction

CMO:

Theresa O’Donnell, 671-9195

MAPSCO:

N/A

SUBJECT A public hearing to receive comments regarding consideration of amending the gas drilling and production regulations in Chapter 51A, “Dallas Development Code,” of the Dallas City Code and an ordinance granting the amendments Recommendation of CPC: Approval, subject to revised minimum spacing standards and additional provisions DCA123-003

CITY COUNCIL

WEDNESDAY, DECEMBER 12, 2013 ACM: Theresa Oâ&#x20AC;&#x2122;Donnell

FILE NUMBER: DCA 123-003

DATE INITIATED: May 2, 2013

TOPIC: Gas Drilling and Production Regulations CITY COUNCIL DISTRICTS: All

CENSUS TRACTS: All

PROPOSAL:

Consideration of amending the Dallas Development Code, Chapter 51A of the Dallas City Code to amend gas drilling and production regulations.

SUMMARY:

This proposal amends the gas drilling regulations of the Development Code to adopt new minimum separation requirements from the gas drilling and production use and identified protected uses and amends provisions regulating the operations of a gas drilling and production use. The proposed amendments originated as recommendations from the City Council appointed Dallas Gas Drilling Task Force. The Task Force met 22 times between July of 2011 and February of 2012. The City Plan Commission considered the amendments at eight workshops beginning on May 2, 2013 and heard testimony at three public hearings on August 22, September 12, and September 26, 2013.

CPC RECOMMENDATION: Approval subject to revised minimum spacing standards and additional provisions GAS DRILLING TASK FORCE RECOMMENDATION: Approval

DCA-123-003

BACKGROUND • •

• •

In June 2011, the Dallas City Council created the Dallas Gas Drilling Task Force to look at updating and revising the city’s gas drilling and production regulations which were first adopted in 2007. The Gas Drilling Task force met 22 times between July of 2011 and February of 2012. The task force received presentations from the Environmental Protection Agency, the Texas Railroad Commission (Oil and Gas Division) and the Texas Commission on Environmental Quality. The task force also received presentations from the Cities of Ft. Worth, Southlake, Grand Prairie and Hurst and traveled to the City of Arlington for a briefing and tour of gas drilling and production sites. The task force also received presentations from the gas drilling industry and environmental and neighborhood groups and other subject matter experts. The task force also had 2 public hearings to accept comments and had 10 meetings developing recommendations. The chair of the Gas Drilling Task Force briefed City Council on the task force recommendations on May 16, 2012. The City Plan Commission considered the task force recommendations at 8 topic workshops beginning in May of 2013. The Commission held 3 public hearings to accept comments. The Plan Commission recommended approval, with several additions to regulations and subject to increased setbacks, of the recommended amendments on September 26, 2013.

SUMMARY OF RECOMMENDATIONS ON ZONING REGULATIONS • • •

• • •

Add proximity of location to environmentally significant areas, and the potential impact on environmentally significant areas, to the formally required considerations on whether to grant a Specific Use Permit. Require that any application to drill in parks is preceded by a Chapter 26 determination as to whether the park property can be utilized for a non-park use. The Task Force recommended adding most retail uses and office uses greater than 10,000 square feet to the list of protected uses and increasing the minimum separation requirement from 300 feet to 1000 feet with the possibility of getting waiver down to a minimum 500 feet from a protected use by a ¾ vote of City Council. The City Plan Commission recommended adding additional retail uses and all office uses to the list of protected uses and increasing the minimum separation requirement from 300 feet to 1500 feet with the possibility of getting waiver down to a minimum 1000 feet from a protected use by a ¾ vote of City. (see matrix of comparison between Task Force and City Plan Commission recommendation) The City Plan Commission recommended extending the minimum distance to a fresh water well from 200 feet to 1500 feet. The Task Force had not recommended a change to this provision. Provide a provision that if a protected use is located on the same property as the gas drilling and production use then Council can waive the separation requirement from that protected use by a ¾ vote. Provide a provision requiring a minimum of 300 feet distance to a habitable structure 2

DCA-123-003

• •

Provide a requirement for the applicant to conduct a neighborhood meeting within 60 days of a Specific Use Permit application. CPC recommended establishing a separate gas pipeline compressor station use that would only be permitted by Specific Use Permit in the IM Industrial Manufacturing district and be subject to the minimum spacing requirements of the gas drilling and production use from protected uses.

SUMMARY OF RECOMMENDATIONS ON OPERATON REGULATIONS • • • • • • • • • • •

Add requirements for base line sampling and testing of air, soil, ambient noise levels, water wells and surface water and an initial gas analysis or raw gas produced. Add additional requirements on noise levels and noise mitigation requirements. Revise limitations on hours of operation of different phases of the gas drilling and production use. Add requirements on inventory of hazardous materials and chemicals. Add a provision requiring tagging of fracturing fluid to enable tracing of the fluid to a specific pad site. Add incident reporting requirements, Add additional provisions on site maintenance. Add provisions requiring reduced emission completion techniques. Add requirement for an emissions compliance plan if a site receives two or more air quality violations in any 12 month period. Add provisions for seismic survey permitting. Add provisions for regulated pipelines.

MATRIX OF DIFFERENCES BETWEEN TASK FORCE AND CPC Protected uses Existing Residential Institutional

Task Force Residential Institutional except: Cemetery or mausoleum Office uses greater than 10,000 square feet Personal service and retail except: auto service center, commercial motor vehicle parking, commercial parking lot or garage, dry cleaning or laundry store and motor vehicle fueling

City Plan Commission Residential Institutional except: Cemetery or mausoleum All office uses Personal Service and Retail except: commercial motor vehicle parking, commercial parking lot or garage

DCA-123-003

Existing Task Force Recreation except: Recreation except: When the operation is in a Can be allowed by a ¾ vote public park of City Council if the operation site is in a public park

Minimum separation Existing Minimum 300 feet SUP can require a greater distance from any use

Task Force Minimum 1,000 feet SUP can require a greater distance from any use SUP can lessen the distance down to 500 feet by a ¾ vote of City Council Minimum separation to a No recommendation for a fresh water well of 200 feet change

CPC Recreation except: Can be allowed by a ¾ vote of City Council if the operation site is in a public park and is preceded by a Chapter 26 hearing

City Plan Commission Minimum 1,500 feet SUP can require a greater distance from any use SUP can lessen the distance down to 1,000 feet by a ¾ vote of City Council Minimum separation to a fresh water well of 1,500 feet

STAFF ANALYSIS Staff supports the gas drilling and production use procedural amendments to the zoning requirements and the proposed amendments to operational requirements. Staff also agrees that changes in the gas drilling industry and the release of various studies since 2007 warrant requiring a greater minimum separation between a gas drilling and production use and certain protected uses than the existing ordinance requires. Two major changes in the industry that have occurred since 2007 that may warrant additional separation requirements, particularly in relation to residential uses and institutional uses, are the increased number of wells on a pad site and the increased length of lateral lines (the distance the well bore travels horizontally). These changes have resulted in an increased length of time that there is major activity on a pad site. While having more wells on a pad site reduces the overall number of pad sites, it also increases the time that drilling activities occur on a given pad site. More wells on a pad site also increases the likelihood that not all of the wells on the pad site will be drilled over a single stretch of time. Drilling activities can return to the pad site even after the initial wells are completed. The greater number of wells will also result in more frequent truck traffic to the site to remove any produced water even after a well is completed.

DCA-123-003

The increased length of the laterals means that there are more “fracturing” stages necessary to complete an individual well. Only a given length of the lateral portion of a well bore is fractured at a time. The other portions of the lateral are fractured progressively until all the fracturing for that lateral is completed. The greater the number of fracturing stages, the longer the time period this very intense part of the drilling and completion operation lasts. As these industry changes result in a greater length of time that the most intense operations of the drilling operation occur, the gas drilling and production use may have a greater land use impact on surrounding uses. These possible land use impacts include traffic, noise, glare, and increases in exhaust from drilling and completion equipment. Air quality studies completed by Ft. Worth and Flower Mound both recommend the use of air pollution control strategies to help in mitigating air quality impacts associated with gas drilling operations and both recommend continued monitoring of possible air quality impacts. The Town of Flower Mound contracted with Keinfelder to do air quality samples through 2010 and 2011. Flower Mound’s gas drilling ordinance cites a report for April 2011 from Kleinfelder (their most current report at that time), where Kleinfelder wrote that: “[w]hile the current ambient air observations appear to be consistent with urban ambient air and not indicative of significant releases or fugitive emissions from the nearby natural gas activities in and/or surrounding Flower Mound, the changing nature of the exploration, production, and transmission activities may necessitate periodic evaluation to provide additional confirmation. . . .” The City of Ft. Worth’s air quality study was conducted by Eastern Research Group and Sage Environmental Consulting. The final report, dated July 13, 2011, includes the following in its executive summary: Are the city’s required setbacks for these sites adequate to protect public health? For the overwhelming majority of sites considered in this study, the modeling analysis indicates that Fort Worth’s 600-foot setback distance is adequate. For the relatively few sites with multiple, large line compressor engines, the modeling analysis found some areas beyond the setbacks to have estimated acrolein and formaldehyde concentrations greater than protective health-based screening levels published by TCEQ. However, the estimated air pollution levels did not reach levels that have actually been found to cause symptoms or illness among exposed populations. Because the findings for these two pollutants are based entirely on estimated emission rates and modeled air quality impacts (as opposed to measured values), ERG recommends further evaluations of acrolein and formaldehyde at sites with multiple, large line engines to provide greater confidence in the adequacy and protectiveness of the city’s setbacks. Some recent, short-term studies of limited scope have monitored for these pollutants, 5

DCA-123-003

but a longer-term monitoring program is better suited for confirming this study’s findings for acrolein and formaldehyde. The Ft Worth study conclusions on large line compressor engines also support the CPC recommendation for a separate restrictive use category for gas pipeline compressor stations. Both studies identified some site specific problems regarding equipment that had preventable releases. Presentations made to the task force from other cities staff, state regulators, and other subject matter experts also noted that mechanical and operator errors can result in unacceptable conditions. Thus, operation procedures and monitoring requirements are important additions to the gas drilling regulations. The potential for equipment and operator error also justifies some level of increased setbacks from protected uses. CITY COUNCIL BRIEFING This item was briefed before the City Council on November 20, 2013. CPC Action: September 26, 2013: Motion I: It was moved to recommend approval of amendments to the Dallas Development Code, Chapter 51A of the Dallas City Code to amend gas drilling and production regulations to include the following changes to the ordinance dated 9/26/13: 1) Sec. 51A-12.106, INSURANCE AND SECURITY INSTRUMENTS., (e) Required coverage., (6), box in two different limits, being 15 million and 25 million for liability limitations, 2) Sec. 51A-12.106, INSURANCE AND SECURITY INSTRUMENTS., (k) Pipelines., (1) Insurance., (B), (v), box in two different limits, being 15 million and 25 million for liability limitations, 3) SEC. 51A-12-107., OPERATIONS., (e) Emergencies., (3) Loss of control., delete the word “may” in line 5, and 4) Under SECTION 1., (3.3) Gas pipeline compressor station., (E) Additional provisions:, (iv), insert at the end “and the gas inspector determines that electric motors cannot be used”. Maker: Ridley Second: Anglin Result: Carried: 13 to 1 For: 13 - Wally, Anglin, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar Against: Absent: Vacancy:

1 - Culbreath 1 - Davis 0

DCA-123-003 Â

Motion II: It was moved to recommend approval of additional recommendations to City Council that are not part of the gas drilling and production regulations as follows: 1) To help achieve the regional goal of safe and legal air to breathe, and per the suggestion of the Chair of the Dallas Gas Drilling Task Force, we recommend the City Council continue to explore the establishment of a city air pollution off-sets program with the Environmental Protection Agency and the Texas Commission of Environmental Quality that would encompass large sources of air pollution currently excluded from federal Clean Air Act off-set requirements in non-attainment areas for ozone pollution, including natural gas drilling and production facilities, 2) Have Dallas Water Utilities establish restrictions in its drought contingency plan on use of city water for hydraulic fracturing either by barring use of city water while city-wide water restrictions are in effect or substantially raising usage fees to reflect the real cost to the City of Dallas of the permanent loss of such water and encourage reuse or recycling, and 3) Look at requiring a letter of credit as protection against uninsurable intentional acts or harm associated with the gas drilling and production use.

Maker: Second: Result:

Ridley Schwartz Carried: 13 to 1

For: 13 Wally, Anglin, Rodgers, Hinojosa, Bagley, Lavallaisaa, Tarpley, Shellene, Bernbaum, Wolfish, Schwartz, Ridley, Alcantar Against: Absent: Vacancy: Speakers:

1 - Culbreath 1 - Davis 0 Mellen West, East Grand Ave., Dallas, TX, 75223 Amy King, 6629 E. Mockingbird Ln., Dallas, TX, 75214 Roy Sudduth, 9900 Adleta Blvd., Dallas, TX, 75243 Peter Rokicki, 2826 Bookhout St., Dallas, TX, 75201 Eddie Morgan, 2343 Vagas St., Dallas, TX, 75235 Marjorie Steakley, 1500 N. Garrett Ave., Dallas, TX, 75206 Carla Morlock, 2536 Bonnywood Ln., Dallas, TX, 75233 William C. Funderburk, 3607 Bowser Ct., Dallas, TX, 75219 Rachel Baker Ford, 3317 Knights Haven, Garland, TX, 75044 Fred Patchen, 6344 Goliad Ave., Dallas, TX, 75214 Ed Meyer, 6015 Fox Point Trl., Dallas, TX, 75249 Maralyn Hamaker, 1139 Haines Ave., Dallas, TX, 75208 Edward Hartmann, 1414 Fuller Dr., Dallas, TX, 75218 Molly Rooke, 5825 Palm Ln., Dallas, TX, 75206 Mary Warren, 4312 McKinney Ave., Dallas, TX, 75205 Ann Morton, 3607 Bowser Ct., Dallas, TX, 75219 Erica Cole, 9246 Forest Hills Blvd., Dallas, TX, 75218 Marc McCord, 616 S. Colorado St., Celina, TX, 75009 7

DCA-123-003 Â

William Crowder, 9014 Bryson Dr., Dallas, TX, 75238 Richard Guldi, 7228 La Sobrina Dr., Dallas, TX, 75248 Susybelle Gosslee, 2720 Stemmons Expwy., Dallas, TX, 75238 Lisa Marie Cox, 2732 Gaston Ave., Dallas, TX, 75226 Terri Raith, 1518 Abrams Rd., Dallas, TX, 75214 Eulaine Hall, 11851 High Dale Dr., Dallas, TX, 75234 Linda Cooke, 4029 Lively Ln., Dallas, TX, 75220 Susan Grundy, 1406 Tranquilla Dr., Dallas, TX, 75218 Jim Schermbeck, P.O. Box 763844, Dallas, TX, 75376 Cherelle Blazer, 8510 Sikorski Ln., Dallas, TX, 75228 Claudia Meyer, 6015 Fox Point Trl., Dallas, TX, 75204 Zac Trahan, 6017 La Vista Dr., Dallas, TX, 75206 Martin Kralik, 6523 Pemberton Dr., Dallas TX, 75230 George Allan Hastings, 7030 Northhaven Rd., Dallas, TX, 75230 John B. Holden, Jr., 7 Turtle Creek Bnd., Dallas, TX, 75204 David Martineau, 7983 Caruth Ct., Dallas, TX, 75225 Dallas Cothrum, 900 Jackson St., Dallas, TX, 75202 Stephen Sturdivant, 1209 Stapleton Ln., Flower Mound, TX, 75028 Sandra Breakfield, 5610 Cliff Haven Dr., Dallas, TX, 75236 William Cothrum, 900 Jackson St., Dallas, TX, 75202 Did not speak: Corey Troiani, 2414 Homer St., Dallas, TX, 75206 Karin Anderson, 723 Parkmont St., Dallas, TX, 75214 Lyndi Carett, 2414 Homer St., Dallas, TX, 75206 Barbara Carr, 4239 McKinney Ave., Dallas, TX, 75205 Amanda Renfro, 3402 High Plateau Dr., Garland, TX, 75044 Jane Hoffman, 6747 Lupton Dr., Dallas, TX, 75225 David Cappella, 2110 Mariposa Ln., Arlington, TX, 76010 Joshua Parmele, 11117 Everest Dr., Venus, TX, 76084 Steph Compton, 2847 W. Brooklyn Ave., Dallas, TX, 75211 Deirdre Barnett, 1414 Fuller Rd., Dallas, TX, 75218

11-21-13

ORDINANCE NO. __________

An ordinance amending Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Section 51A-1.105(u), fees for gas drilling and production, Section 51A-4.123, industrial manufacturing (IM) district, Section 51A-4.203(3.2), gas drilling and production use, and Article XII, gas drilling and production regulations; creating Section 51A-4.203(3.3), gas pipeline compressor station use and establishing regulations; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city plan commission and the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given the required notices and have held the required public hearings regarding this amendment to the Dallas City Code; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Subsection (u), “Fees for Gas Drilling and Production,” 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: “(u)

Fees for gas drilling and production.

(1) The city may use a qualified third party to conduct any inspections required by Article XII. The operator shall pay the city for any fees charged by third party inspectors within 30 days of receipt of an invoice from the city.

DCA 123-003 (Amend Gas Drilling and Production Regulations) – Page 1

DRAFT

(2) Any permit that lapses for nonpayment of the annual permit fee will be reinstated upon payment of an additional fee of $50.00 for each thirty-day period during the lapse. (3) Fee schedule. Type of Application

Application Fee

Seismic survey permit

$150.00

New gas well permit

$3,000.00 for the first well on an operation site and $1,000 for each additional well on that same operation site

Amended permit

$600.00

Reworking fee

$800.00

Operator transfer

$600.00

Annual fee (per well)

$1,000.00

Regulated pipeline permit

$1,500.00”

SECTION 2. That Paragraph (C), “Industrial Uses,” of Subsection (d), “Industrial Manufacturing (IM) District,” of Section 51A-4.123, “Commercial Service and Industrial Districts,” 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: “(C)

Industrial uses. -----------

Alcoholic beverage manufacturing. [RAR] Gas drilling and production. [SUP] Gas pipeline compressor station. [SUP] Industrial (inside). [SUP may be required. See Section 51A-4.203(a); otherwise RAR.] Industrial (inside) for light manufacturing. Industrial (outside). [SUP may be required. See Section 51A-4.203(a); otherwise RAR.] Medical/infectious waste incinerator. [SUP] Metal salvage facility. [SUP] Mining. [SUP] Municipal waste incinerator. [SUP]

DCA 123-003 (Amend Gas Drilling and Production Regulations) – Page 2

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-----

Organic compost recycling facility. [RAR] Outside salvage or reclamation. [SUP] Pathological waste incinerator. [SUP] Temporary concrete or asphalt batching plant. [By special authorization of the building official.]”

SECTION 3. That Paragraph (3.2), “Gas Drilling and Production,” Subsection (b), “Specific Uses,” of Section 51A-4.203, “Industrial Uses,” of Division 51A-4.200, “Use 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: “(3.2) Gas drilling and production. (A)

Definitions:

(i) BOUNDARY means the perimeter of the operation site. OPERATION SITE means the area identified in the specific use permit to be used for drilling, production, and all associated operational activities after gas drilling is complete. (ii)

ENVIRONMENTALLY SIGNIFICANT AREA means an

area: (aa)

with slopes greater than three to one;

(bb)

containing endangered species of either flora or

fauna; (cc) that is geologically similar to the Escarpment Zone, as defined in Division 51A-5.200, “Escarpment Regulations,” of Article V, “Flood Plain and Escarpment Zone Regulations;” (dd)

identified as wetlands or wildlife habitat;

(ee)

determined to be an archeological or historical site;

or (ff) containing more than 1,000 inches of trunk diameter of protected trees, in the aggregate, within a 10,000 square foot land area. Trunk diameter is measured at a point 12 inches above grade. To be included in the aggregate calculations of trunk diameter, a protected tree must have a trunk diameter of six inches or more. For purposes of this Provision (ff), a protected tree is defined in Section 5A-10.101 of this chapter.

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(iii) GAS DRILLING AND PRODUCTION [Gas drilling and production] means the activities related to the extraction of any fluid, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions, or the extraction of any gaseous vapors derived from petroleum or natural gas. (iv) HABITABLE STRUCTURE means any use or structure that is not a protected use but has a means of ingress or egress, light, and ventilation. Habitable structure does not include an accessory structure, such as a garage or shed. CPC recommendation (v) PROTECTED USE means institutional and community service uses, except cemetery or mausoleum; lodging uses; office uses; recreation uses, except when the operation site is on a public park, playground, or golf course; residential uses; and retail and personal service uses, except commercial motor vehicle parking or commercial parking lot or garage. Parking areas and areas used exclusively for drainage detention are not part of a protected use. Task Force recommendation (v) PROTECTED USE means institutional and community service uses, except cemeteries and mausoleum; lodging uses; office uses with a floor area greater than 10,000 square feet; recreational uses, except when an operation site is on a public park, playground, or golf course use, and a country club with private membership use; residential uses; and retail and personal service uses, except auto service center, commercial motor vehicle parking, commercial parking lot or garage, dry cleaning or laundry store, motor vehicle fueling station, and taxidermist. (vi[ii]) See Article XII for additional definitions that apply to gas drilling and production. (B) nonresidential] districts.

Districts permitted: By SUP only in all [residential and

(C)

Required off-street parking: None. [No handicapped parking is

(D)

Required off-street loading:

required.]

SQUARE FEET OF FLOOR AREA IN STRUCTURE

TOTAL REQUIRED SPACES OR BERTHS

0 to 50,000

50,000 to 100,000

Each additional 100,000 or fraction thereof

1 additional

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(E)

Additional provisions:

(i) See Article XII for additional regulations relating to gas drilling and production. No provision found in Articles IV or XII may be waived through the adoption of or amendment to a planned development district. (ii) Before an SUP for a gas drilling and production use within a public park, playground, or golf course may be processed, city council must hold a public hearing and make a determination in accordance with Texas Parks and Wildlife Code Chapter 26, “Protection of Public Parks and Recreational Lands.” [City council may require that an operator use a closed-loop system.] (iii) A favorable vote of three-fourths of all members of the city council is required to approve a gas drilling and production use on a public park, playground, or golf course if council finds that the reduction will not harm the public health, safety, or welfare. [Trailers or mobile homes that are temporarily placed on the operation site and used by gas drilling workers as a residence is a permitted accessory use.] (iv) In addition to the findings required in Section 51A4.219(a)(3) for the granting of an SUP, city plan commission and city council must consider the: (A) proximity of a proposed gas drilling and production use to an environmentally significant area; and (B) potential impact the proposed gas drilling and production use may have on the environmentally significant area. [Gas wells must be spaced at least: (aa) 300 feet from any institutional and community service use, recreation use (except when the operation site is in a public park), or residential use (except trailers or mobile homes placed on the operation site as temporary residences for workers); (bb)

200 feet from any fresh-water well;

(cc)

25 feet from any property line;

(dd)

25 feet from any storage tank or source of ignition;

(ee)

75 feet from any right-of-way; and

(ff)

100 feet from any structure that is not used for the

everyday operation of the well.]

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(v) Compliance with federal and state laws and regulations and with city ordinances, rules, and regulations is required, and may include platting, a fill or alteration permit, building permits, and gas well permits. Compliance with these additional regulations may be required before, concurrently with, after, or independently of the SUP process. [All structures and equipment, including tanks and tank batteries, must be spaced at least 100 feet from any institutional and community service use, recreation use (except when the operation site is in a public park), or residential use (except trailers or mobile homes placed on the operation site as temporary residences for workers).] (vi) Trailers or mobile homes that are temporarily placed on the operation site and used by gas drilling workers as a residence are a permitted accessory use. [Tanks and tank batteries must be spaced at least 100 feet from any combustible structure and spaced at least 25 feet from all right-of-ways and property lines. The Dallas Fire Code may require additional spacing depending on the size of the tank.] (vii) Spacing is measured from the center of the well bore at the surface of the ground or from the closest point of the structure or equipment, in a straight line, without regard to intervening structures or objects, to the closest point of the use, structure, or feature creating the spacing requirement. Spacing requirements may not be waived or decreased through the adoption of a planned development district. (viii)] Once any gas drilling related activity begins on the operation site, the applicant shall limit access to the operation site by erecting an eight-foot-tall temporary chain-link fence [or by providing a guard to supervise the operation site 24 hours per day]. Within 30 days after any well completion activity ceases, [the wells on the operation site are completed,] an eight-foot-tall permanent fence must be erected and maintained around the perimeter of the operation site. This provision controls over the fence height regulations of the zoning district. City council, by [The] SUP, may require a different form of screening, but may not reduce the fence height requirements of this provision. (viii[ix]) [Gates must be installed on all fences and must remain locked unless gas drilling personnel are present.] Access to the operation site must comply with [Chapter 5 of] the Dallas Fire Code. The operation site plan must be reviewed and approved by the fire marshal before an SUP can be granted. (ix[x]) The operation site may not have a slope greater than 10 degrees unless the director determines that all equipment is located and activities occur on a portion of the operation site that does not have a slope greater than 10 degrees, there is adequate erosion control, and the slope of the operation site will not be a threat to the public safety or welfare. (x) The operator shall provide the director with a statement of intent to enter into a road repair agreement before an SUP may be scheduled for a public hearing.

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(xi) The director shall revise the zoning district maps upon the granting of an SUP for a gas drilling and production use, to provide a 1,000 foot gas drilling and production use notice overlay around the boundary of the operation site. (F)

Spacing: (i)

Habitable structure.

(aa) Except as otherwise provided in this provision, gas drilling and production use must be spaced at least 300 feet from a habitable structure. (bb) If a gas drilling and production use is located on the same property as habitable structures, the spacing requirements in this provision may be waived for those habitable structures with a favorable vote of three-fourths of all members of the city council if council finds that the reduction will not harm the public health, safety, or welfare. (cc) Spacing is measured from the boundary of the operation site in a straight line, without regard for intervening structures or objects, to the closest point of the habitable structure. (ii)

Protected use.

CPC recommendation (aa) Except as provided in this provision, a gas drilling and production use must be spaced at least 1,500 feet from a protected use (except trailers or mobile homes placed on the operation site as temporary residences for workers). Task force recommendation (aa) Except as provided in this provision, a gas drilling and production use must be spaced at least 1,000 feet from a protected use (except trailers or mobile homes placed on the operation site as temporary residences for workers). CPC recommendation (bb) City council may reduce the minimum 1,500 foot spacing requirement from a protected use by not more than 500 feet with a favorable vote of three-fourths of all members of the city council if council finds that the reduction will not harm the public health, safety, or welfare. Task force recommendation (bb) City council may reduce the minimum 1,000 foot spacing requirement from a protected use by not more than 500 feet with a favorable vote of three-fourths of all members of the city council if council finds that the reduction will not harm the public health, safety, or welfare.

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(cc) If a gas drilling and production use is located on the same property as protected uses, the spacing requirements in this provision may be waived for those protected uses with a favorable vote of three-fourths of all members of the city council if council finds that the reduction will not harm the public health, safety, or welfare. (dd) If a gas drilling and production use is located on a public park, playground, or golf course, the spacing requirements in this provision do not apply to protected uses or habitable structures located on the public park, playground, or golf course. The spacing requirements in this provision for protected uses and habitable structures off the public park, playground, or golf course still apply. (ee)

Spacing is measured as follows:

(AA) For institutional and community service uses, except cemetery or mausoleum, and residential uses, from the boundary of the operation site in a straight line, without regard to intervening structures or objects, to the property line of the institutional and community service use, except cemetery or mausoleum, and the residential use; and (BB) For recreation uses, except when the operation site is on a public park, playground, or golf course, lodging, office, and retail and personal service uses, except commercial motor vehicle parking or commercial parking lot or garage, from the boundary of the operation site in a straight line, without regard to intervening structures or objects, to the closest point of the protected use or area of the protected use activity. If the protected use is conducted exclusively inside, from the boundary of the operation site in a straight line, without regard to intervening structures or objects, to the closest point of the structure housing the protected use. If the use or an activity related to the use is conducted outside, from the boundary of the operation site in a straight line, without regard to intervening structures or objects, to a physical barrier or demarcation that establishes a boundary of the use. Examples of physical barriers or demarcations include: (1)

fencing around activity areas, such as

play fields, courts or pools; or (2) edges, borders, or boundaries of maintained areas adjacent to trails, golf courses, or active recreation areas. (G)

Neighborhood meeting:

(i) Within 60 days after filing an SUP application, the applicant or operator shall, at the applicant or operatorâ&#x20AC;&#x2122;s expense, provide notice of a neighborhood meeting regarding the pending SUP application. (ii) The applicant and operator shall attend and conduct the neighborhood meeting not less than seven or greater than 21 days after providing notice of the

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neighborhood meeting. The neighborhood meeting must be held at a facility open to the public near the proposed gas drilling and production use. (iii)

The notice of the neighborhood meeting must include: (aa)

the date, time, and location of the neighborhood

(bb)

the identity of the applicant and the operator;

(cc)

the location of the pending SUP application;

(dd)

information about the proposed gas drilling and

(ee)

the purpose of the neighborhood meeting; and

meeting;

production use;

(ff) information about subscribing to the operatorâ&#x20AC;&#x2122;s electronic notification list to receive updates about when specific operations will occur, including site preparation, drilling, casing, fracturing, pipeline construction, production, transportation, and maintenance of the operation site. (iv) The applicant or operator shall mail notice of the neighborhood meeting by depositing the notice properly addressed and postage paid in the United States mail. The notice must be written in English and Spanish. The applicant or operator shall mail notice of the neighborhood meeting to all real property owners as indicated by the most recent appraisal district records and all mailing addresses within 2,000 feet of the boundary of the proposed gas drilling and production use operation site. (v) Within five days after mailing the notice of the neighborhood meeting, the applicant shall file an affidavit with the director swearing and affirming that all real property owners and mailing addresses within 2,000 feet of the boundary of the proposed gas drilling and production use operation site were mailed notice of the neighborhood meeting in accordance with the provisions of this Subparagraph (G). The affidavit must include a list of the real property owners and mailing addresses to which notice was sent. (vi)

The purpose of the neighborhood meeting is for the

applicant or operator to: (aa)

inform the community about the proposed gas

drilling and production use; (bb) explain the operations associated with gas drilling and production, including site preparation, site development and construction, drilling, casing, fracturing, pipeline construction, production, transportation, and maintenance of the operation site; and DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 9

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(cc) explain and provide information about subscribing to the operator’s electronic notification list to receive updates about when specific operations will occur, including site preparation, drilling, casing, fracturing, pipeline construction, production, transportation, and maintenance of the operation site.” SECTION 4. That Subsection (b), “Specific Uses,” of Section 51A-4.203, “Industrial Uses,” of Division 51A-4.200, “Use 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 Paragraph (3.3), “Gas Pipeline Compressor Station,” to read as follows: (3.3)

Gas pipeline compressor station. (A)

Definition: (i)

BOUNDARY means the perimeter of the compressor

station site. (ii) GAS PIPELINE COMPRESSOR STATION means a facility for devices that raise the pressure of a compressible fluid (gas) in order for the gas to be transported through a transmission pipeline. This use does not include compressors that are part of a gas drilling and production use that only provide compression for gas to circulate into a gathering system. (iii) GAS PIPELINE COMPRESSOR STATION SITE means the area identified in the specific use permit to be used for the gas pipeline compressor station. (iv) PROTECTED USE means institutional and community service uses, except cemetery or mausoleum; lodging uses; office uses; recreation uses, except when the operation site is on a public park, playground, or golf course; residential uses; and retail and personal service uses, except commercial motor vehicle parking or commercial parking lot or garage. Parking areas and areas used exclusively for drainage detention are not part of a protected use.

(B)

Districts permitted: By SUP only in industrial manufacturing

(C)

Required off-street parking: Five spaces. No handicapped parking

districts.

is required.

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(D)

Required off-street loading: None

(E)

Additional provisions:

(i) a gas pipeline compressor station must be spaced at least 1,500 feet from a protected use, measured from the boundary of the gas pipeline compressor station site in a straight line, without regard to intervening structures or objects, to the closest point of the protected use or areas of the protected use activity. (ii)

To reduce noise, all compressors must be fully enclosed in

a building. (iii) Except as otherwise provided in this subparagraph, the perimeter of the gas pipeline compressor station site must be screened from public view. The screening must be at least six feet in height and must be constructed of: (aa) earthen berm planted with turf grass or ground cover that does not have a slope that exceeds one foot of height for each two feet of width; (bb) brick, stone, metal, significantly screens equipment and structures from view; or

masonry

wall

that

(cc) landscaping materials recommended for local area use by the chief arborist. The landscaping must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. The initial plantings must be capable of obtaining a solid appearance within 18 months; or (dd)

any combination of the above.

(iv) City council may, by [The] SUP, [may] require a different form of screening but may not reduce the height requirements of this provision. (v) Unless a specific color is required by federal or state law, all equipment and structures must be painted with a neutral color to match the nearby surroundings as nearly as possible. (vi) To reduce noise and emissions, electric motors must be used on the gas pipeline compressor station unless the operator submits a plan to the gas inspector documenting why electric motors cannot be used. (vii) Internal combustion engines and compressors, stationary or mounted on wheels, must be equipped with an exhaust muffler or a comparable device that suppresses noise and disruptive vibrations and prevents the escape of gases, fumes, ignited carbon, or soot.

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(viii) Exhaust from any internal combustion engine or compressor may not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of non-combustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of noxious gases, fumes or ignited carbon or soot. (ix) Compressors must comply with the low and high frequency noise requirements in Section 51A-12.204(1), “Noise.”

SECTION 5. That Article XII, “Gas Drilling and Production,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows:

“ARTICLE XII. GAS DRILLING AND PRODUCTION. Division 51A-12.100. In general.

SEC. 51A-12.101.

PURPOSE.

These regulations are intended to protect the public health, safety, and welfare; minimize the impact of gas drilling and production on surrounding property owners and mineral-rights owners; protect the environment; and encourage the safe and orderly production of mineral resources.

SEC. 51A-12.102.

DEFINITIONS.

(a) In this article, technical terms that are not defined have the meaning customarily attributed to them in the gas drilling and production industry by prudent and reasonable operators. (b)

In this article:

(1) ABANDONMENT means the discontinuation of a well or an operation site as approved by the Texas Railroad Commission and in compliance with this article. (2) AMBIENT NOISE LEVEL means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location. DCA 123-003 (Amend Gas Drilling and Production Regulations) – Page 12

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(3) BASE FLOOD means the flood having a one percent chance of being equalled or exceeded in any given year. See Article V. (4[3]) BLOWOUT PREVENTER means a mechanical, hydraulic, pneumatic, or other device or combination of devices secured to the top of a well casing, including valves, fittings, and control mechanisms, that can be used to completely close the top of the casing and prevent the uncontrolled flow of gas or other fluids from the well. (5[4]) COMPLETION means the date that drilling or reworking of the well has ended and gas is flowing to a sales or distribution point. (6[5]) CLOSED-LOOP SYSTEM means a system that uses sealed tanks, instead of reserve pits, to collect the drilling waste. (7) DAYTIME HOURS means 7:00 am to 7:00 pm, Monday through Friday, and 8:00 am to 6:00 pm, Saturdays. Sundays and city holidays are not considered daytime hours. (8[6]) DRILLING means digging or boring a new well to explore for or produce gas. (9[7]) EQUIPMENT means any apparatus, machinery, or parts thereof used, erected, or maintained in connection with gas drilling or production. (10[8]) FRACTURING means the injecting of water into a well to cause pressure that will open up fractures already present in the formation. (11) FLOWBACK means the process of flowing a fractured or completed well to recover water and residual sand from the gas stream before sending gas down a sales line. (12[9]) GAS means (1) any fluid, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions or (2) any gaseous vapors derived from petroleum or natural gas. (13[10])GAS INSPECTOR means the person designated by the city to enforce the provisions of this article, or the gas inspector's representative. (14) LANDFARMING means the depositing, spreading, or mixing of drill cuttings, drilling fluids, drilling mud, salt or produced water, or other waste generated by the gas drilling and production process onto the ground. (15[11])OPERATION SITE means the area identified in the specific use permit to be used for drilling, production, and all associated operational activities after gas drilling is complete.

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(16[12])OPERATOR means the person listed on the Texas Railroad Commission drilling permit application (currently called Form W-1 or Form P-4). (17) PIPELINE CONSTRUCTION means the initiation of any excavation or other disturbance of property to install, construct, maintain, repair, replace, modify, or remove a pipeline. (18) PIPELINE EMERGENCY means an incident in which any of the following has or is occurring: (A) Fire or explosion not intentionally initiated by the pipeline operator as part of its normal and customary operations and in accordance with accepted safety practices. (B) Release of a gas, hazardous liquid, or chemical that could adversely impact the environment or health of individuals, livestock, domestic animals, or wildlife in the city. (C) Death of any person or individual directly attributable to the operations of the regulated pipeline. (D) Bodily harm to any person that results in loss of consciousness, the need to assist a person from the scene of the incident, or the necessity of medical treatment in excess of first aid. (E) Damage to private or public property not owned by the pipeline operator in excess of $5,000 in combined values, as determined by the gas inspector. (F)

The rerouting of traffic or the evacuation of buildings.

(19) PIPELINE OPERATOR means any person owning, operating, or responsible for operating a pipeline. (20[13])PRODUCTION means the period between completion and abandonment of a well. (21) REGULATED PIPELINE means all parts of those physical facilities for the transportation of gas, oil, or hydrocarbons, including pipe, valves, and other appurtenances attached to pipe, whether laid in public or private easements or public rights-of-way or private streets within the city, including gathering lines, production lines, and transmission lines. Pipelines associated with franchised utilities are not regulated pipelines. (22[14])REWORKING means the re-entry of an existing well after completion to access the existing bore hold, conduct deepening or sidetrack operations, or replace well liners or casings. Reworking is also known in the gas drilling and production industry as a work-over.

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(23[15])TANK means a container used for holding or storing fluids from gas drilling and production. (24[16])WELL means a hole or bore to any horizon, formation, or strata for the intended or actual production of gas.

SEC. 51A-12.103. (a)

ADMINISTRATION.

Gas inspector.

(1) The gas inspector is responsible for enforcing this article, other city codes applicable to gas drilling and production, and any SUP for gas drilling and production. (2)

The gas inspector shall:

(A) review and approve or deny all seismic survey, gas well, and regulated pipeline permit applications; (B) conduct inspections of all wells and operation sites at least yearly for compliance with this article, the gas well permit, and the SUP for gas drilling and production; (C) request, receive, review, and inspect any records, including records the operator sends to the Texas Railroad Commission, logs, and reports relating to the status or condition of any permitted well; (D) issue orders or citations to obtain compliance with this article, a seismic survey, [the] gas well, or regulated pipeline permit, and the SUP for gas drilling and production; and (E[D]) revoke or suspend gas well permits for violations of this article, a seismic survey, [the] gas well, or regulated pipeline permit, or the SUP for gas drilling and production. (3) The gas inspector, at each inspection, shall call the emergency contact numbers listed on the operator's informational signs to verify that the phone numbers are current and the emergency contact persons can be reached. (4) The gas inspector shall contact the appropriate city department to inspect the operation site if the gas inspector believes the operator is violating a city code provision not addressed in this article. The gas inspector shall determine whether the other city department completed the inspection and shall document what actions, if any, were taken against the operator. (5) The gas inspector shall contact the appropriate state agency to inspect the operation site if the gas inspector believes the operator is violating state law. The gas inspector DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 15

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shall determine whether the state agency completed the inspection and shall document what actions, if any, were taken against the operator. (b) Technical or legal advisors. The city may hire technical or legal advisors to advise the city on gas drilling and production matters. If the city hires advisors to address an operator's unique circumstances, the city shall notify the operator of the estimated cost of services. The city shall invoice the operator, who shall pay the city within 30 days of receipt of an invoice from the city.

SEC. 51A-12.104.

SUP REQUIREMENT AND USE REGULATIONS.

See Sections 51-4.213(19) or 51A-4.203(b)(3.2).

Division II. Gas drilling.

SEC. 51A-12.201. (a)

SEISMIC SURVEY PERMIT.

In general.

(1) Seismic surveys may only be conducted with low-impact vibrator systems designed for urban operations. Explosive charges, including dynamite, may not be used in preparing for or conducting a seismic survey. (2) Seismic surveying is limited to the hours of 8:00 am to 5:00 pm, Monday through Friday, excluding city holidays. (3) Seismic survey activities must be conducted in accordance with all applicable federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (4) Seismic survey activities within public rights-of-way must be conducted in in accordance with a traffic control plan approved by the director of the department of transportation. (b) Notice. At least 72 hours before commencing geophysical operations (laying out of geophones), the operator or applicant shall provide written notice via United States mail, or other methods of delivery to each tenant, property owner, and resident within the area to be seismically surveyed. The written notice must include: (1)

general information about the seismic operations to be conducted,

(2)

an overview of the seismographic survey process, and

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(3) a hotline number to call with questions or complaints related to the seismic survey activities. The hotline number must be adequately staffed with trained personnel during normal working hours. (c)

Seismic survey permit.

(1) No person shall participate in site preparation or any other seismic survey activities without first obtaining a seismic survey permit issued by the city in accordance with this division. (2)

A seismic survey permit is required for all seismic survey activities.

(3) A seismic survey permit must be in writing, signed by the operator or applicant, and submitted to the gas inspector at least 10 days before any seismic surveying activities begin. (3) The operator or applicant shall provide the following information on a form furnished by the city of Dallas: (4)

the date the operator or applicant submitted the application;

(5)

the operator or applicantâ&#x20AC;&#x2122;s name, address, telephone number, and email

(6)

the location of the seismic survey;

(7)

the date and time the seismic survey will be conducted;

(8)

a detailed explanation of the seismic survey methods to be used;

address;

(9) a detailed map of the area being surveyed and the location of all vibration and geophone points; (10)

the date and time the seismic survey will be completed;

(11)

for city of Dallas property and public rights-of-ways;

(12) an executed access agreement for the use of the specific public rights-ofway or property; and (13)

a current certificate of insurance for the coverage specified in the access

agreement. (d)

Review of permit applications.

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(1) The gas inspector shall return incomplete applications to the applicant with a written explanation of the deficiencies. (2) The gas inspector shall determine whether the seismic survey permit should be issued, issued with conditions, or denied within 45 days after receiving a complete seismic survey permit application. If the gas inspector fails to make this determination within this specified time, the seismic survey permit is deemed denied. (3) The gas inspector shall issue a seismic survey permit if the application meets the requirements of this division. If the application does not meet the requirements of this division, the gas inspector shall either deny the application or issue the seismic survey permit subject to written conditions if compliance with the conditions eliminates the reasons for denial. If the gas inspector denies a seismic survey permit, the gas inspector shall provide the applicant with a written explanation of the reasons for denial within 30 days. (e)

Appeal.

(1) If the gas inspector denies a seismic survey permit, the gas inspector shall send the applicant, by certified mail, return receipt requested, written notice of the decision and the right to appeal. (2) The applicant has the right to appeal to the permit and license appeal board in accordance with Article IX of Chapter 2 of the Dallas City Code. An appeal to the permit and license appeal board stays all enforcement proceedings involving the action appealed from unless the gas inspector determines that a stay would cause imminent destruction of property or injury to persons.

SEC. 51A-12.202[105]. (a)

GAS WELL PERMIT.

In general.

(1) No person shall participate in site preparation, drilling, reworking, fracturing, operation, production, or any other related activity without first obtaining a gas well permit issued by the city in accordance with this article. Each well on an operation site must obtain a separate gas well permit. (2) [Wells operating under an SUP passed by city council before September 12, 2007, may engage in gas drilling and production without a gas well permit. The operation of these wells, however, must comply with Section 51A-12.107. If there is a conflict between the SUP conditions and Section 51A-12.107, the provision that is more strict controls unless the SUP condition relates to noise regulations and references Article XII. (3)] A gas well permit is required, in addition to any permit, license, or agreement required under this article, other city ordinances, or state, or federal law.

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(3[4]) A gas well permit application may not be approved until an SUP is approved. Denial of an SUP is grounds for automatic denial of all related gas well permit applications. (4[5]) A gas well permit automatically terminates if the operator does not begin drilling within 180 days after the gas inspector issues the gas well permit. The gas inspector may extend the time for an additional 180 day period upon request by the operator and proof that the conditions on the operation site have not substantially changed and the extension would not conflict with Section [Â§] 51A-12.105(a)(6). Only one extension is permitted. [(6) If the operation site is located within 600 feet of a residential use, the operator shall begin drilling all of the wells approved by the SUP within one year after receiving the gas well permit for the first well located on the operation site. This is intended to limit the time that drilling will take place on the operation site to minimize the impact on the surround area.] (5[7]) An existing gas well permit does not authorize reworking of an abandoned well. A new gas well permit is required to rework an abandoned well. (6[8]) A gas well permit automatically terminates after the well authorized by the gas well permit is abandoned pursuant to this article. (7) The operator shall complete all drilling activities on the operation site within five years from the date the first gas well permit was issued. (A) The operator may apply for a one-time, two-year extension from the gas inspector. The request for an extension must be made to the gas inspector in writing at least six months before the fifth year from the date the first gas well permit was issued. (B) The gas inspector must approve or deny the extension within 45 days after receiving the extension request. The gas inspector must approve the extension if the drilling activities will not adversely impact the neighboring properties or if additional measures required eliminate the reasons for denial. (C) If the gas inspector denies the request for a one-time two-year extension, he must provide the operator with a written explanation of the reasons for denial within 30 days. (D) As a condition of the approval of the extension, the gas inspector may require additional measures, as necessary, to minimize the impact of the additional drilling activities upon neighboring properties. (E) The operator has the right to appeal to the permit and license appeal board in accordance with Article IX of Chapter 2 of the Dallas City Code. An appeal to the permit and license appeal board stays all enforcement proceedings involving the action

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appealed unless the gas inspector determines that a stay would cause imminent destruction of property or injury to persons. (b) Permit applications. A gas well permit application must be in writing, signed by the operator and filed with the gas inspector. The operator shall provide the following information on a form furnished by the city: (1)

the date the operator submitted the application;

(2)

the proposed number of wells on the operation site;

(3)

the field name as used by the Texas Railroad Commission;

(4)

the proposed well name;

(5)

the operator's name and address;

(6)

all surface owners' names and addresses;

(7)

all mineral rights owners' names and addresses;

(8) the name of a representative with supervisory authority over all gas drilling and production operations and a phone number where they can be reached 24 hours a day; (9) the name, address, and phone number of a person who is a resident of the State of Texas and is designated to receive notices from the city; (10) the names of two designated emergency contact persons, their addresses, and phone numbers where they may be reached 24 hours a day; (11) the names and addresses of tenants, property owners, and residents within 1,500 [600] feet of the boundary of the operation site in accordance with the plans required as part of the gas well permit application; (12)

the address and legal description of the operation site;

(13)

[a map showing truck routes;

(14) a videotape of the truck routes, showing in adequate detail the physical conditions of the rights-of-way;] (14[15]) the location and a description of all structures and improvements within 1,500 [600] feet of the boundary of operation site [well];

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(15[16]) a description of all fuel sources and [the] public utilities required during drilling and production operations; [(17)

a description of the water source to be used during drilling and production

operations;] (16[18]) a site plan of the operation site that matches the site plan attached to the SUP, was prepared by a licensed surveyor or registered engineer, is drawn to scale, complies with the site requirements in this article, and provides the following information: (A) preparing the site plan;

the date, scale, north point, name of owner, and name of person

(B)

the location of existing boundary lines and dimensions of the

operation site; (C) the location of all improvements and equipment, including proposed wells, tanks, pipelines, compressors, separators, and storage sheds; (D)

the zoning of the operation site;

(E) the location of flood plains, and the existing and base flood elevations at the location of any proposed improvement including the well head; (F)

the existing watercourses and drainage features;

(G)

off-street parking and loading areas and the surface material used;

(H)

ingress and egress points;

(I)

existing and proposed streets and alleys;

(J)

location, height, and materials of existing and proposed fences;

(K)

existing and proposed landscaping;

(L)

location and description of signs, lighting, and outdoor speakers;

(M) location and description of all easements, along with the volume and page number where the easement is recorded; (N) a map of the surrounding area, showing the zoning on all property within 1,500 [600] feet of the boundary of the operation site, and the distance from wells, structures, or equipment to any use, structures, or features that have spacing requirements under Sections 51-4.213(19) or 51A-4.203(b)(3.2);

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(O)

a tree survey that complies with Article X;

(P) [an electricity usage plan showing the equipment powered by electricity, the amount of electricity needed, the sources of the electric power (whether generated on site or purchased from a retail electric provider), as well as the approximate location of lines, poles, generators, generator fuel tanks transformers, fuse boxes, and other apparatus necessary to use electric power; (Q)]

a copy of the SUP ordinance;

(Q[R]) a copy of the Texas Railroad Commission drilling permit and its attached documents, as well as any other permits, disclosures, or reports required by the Texas Railroad Commission; (R[S]) a copy of the storm water pollution prevention plan and the notice of intent required by the Environmental Protection Agency; (S[T]) a copy the Texas Commission on Environmental Quality's determination of the depth of useable-quality ground water; [(U)

an emergency action response plan approved by the fire marshal

that: (i) establishes written procedures to minimize any hazard resulting from drilling, completion, production, or abandonment of wells; (ii) complies with the existing guidelines established by the Texas Railroad Commission, the Texas Commission on Environmental Quality, the Department of Transportation, and the Environmental Protection Agency; and (iii) includes maps from public rights-of-way to the operation site as well as turn-arounds and staging areas for emergency equipment. (V) a hazardous materials management plan and a hazardous materials inventory statement as required by the Dallas Fire Code that has been filed with the fire department;] (17)

[(W)] documentation of the insurance and security instruments required

by this article; (18) [(X)] an indemnification agreement, approved as to form by the city attorney, stating that the operator agrees to defend the city and its officers and employees against all claims of injury or damage to persons or property arising out of the drilling and production operation;

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(19) [(Y)] a notarized statement signed by the operator that the information submitted with the application is true and correct, to the best of the operator's knowledge and belief; [(Z) (20)

any other information the gas inspector deems necessary.]

an air quality management and monitoring plan that includes:

(A) measures and equipment the operator will use to ensure that all site activities and equipment on the operation site complies with applicable emissions limits, applicable laws relating to emissions, and best management practices of the Environmental Protection Agency and the Texas Commission on Environmental Quality regarding air quality; (B) monitoring techniques the operator will use to measure for and ensure compliance with applicable emissions limits and all applicable laws relating to emissions; and (C) a categorization of Environmental Protection Agency Tier (Tier 0 to 4) of all diesel equipment that will be used on the operation site during each phase of the drilling and production use; (21) a communications plan for tenants, property owners, and residents of protected uses within 2,000 feet of the boundary of the operation site, that: (A) documents how the operator will notify, solicit feedback, and respond to concerns about the gas drilling and production use; (B) identifies how the operator will employ early and continuous engagement with tenants, property owners, and residents, including posted notice in public locations; (C) establishes how the operator will develop and use advance or nearreal-time notice of all significant activities occurring during the wellâ&#x20AC;&#x2122;s life, including drilling, fracturing, flowback, redrilling and refracturing, completion, abandonment, as well as nonroutine occurrences including flaring, spills, or emissions events; (22) a dust mitigation plan detailing measures the operator will implement to mitigate and suppress dust generated at the operation site, including a mud shaker for vehicles exiting the site; (23)

an electricity usage plan showing: (A)

the equipment powered by electricity,

(B)

the amount of electricity needed,

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(C)

the sources of the electric power,

(D)

whether generated on site or purchased from a retail electric

provider, and (E) the approximate location of lines, poles, generators, generator fuel tanks, transformers, fuse boxes, and other apparatus necessary to use electric power; (24)

an emergency action response plan approved by the fire marshal that:

(A) establishes written procedures to minimize any hazard resulting from drilling, completion, production, or abandonment of wells, including prompt and effective response to emergencies regarding: (i)

leaks or releases that may impact public health, safety,

(ii)

fire, explosions, loss of well control, or blowout at or near

(iii)

natural disasters.

welfare;

the well; and

(B) complies with the existing guidelines established by the Texas Railroad Commission, the Texas Commission on Environmental Quality, the Department of Transportation, and the Environmental Protection Agency; (C) includes maps showing the public rights-of-way to the operation site, and turn-arounds and staging areas for emergency equipment; (D) includes an effective means of notifying and communicating with local fire, police, and public officials during an emergency, including a detailed plan of how the operator will notify and communicate with city officials responsible for notification and evacuation of residents within a half a mile of the operation site, measured from the boundary of the operation site; (E) includes the availability of personnel, equipment, tools, and materials at the operation site as necessary in case of an emergency; (F) outline measures to be taken to reduce public exposure to injury and the probability of accidental death or dismemberment; (G)

documents emergency shut-down of an oil or gas well and related

site; (H) establishes a plan for the safe restoration of service and operations following an emergency or incident; and DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 24

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(I) establishes a follow-up procedure for incident investigation to determine the cause of the incident and the implementation of corrective measures; (25)

an erosion control plan that complies with all city regulations;

(26) a fracture pond design plan that includes an engineering design and a landscape and fencing design that includes: (A)

a detail grading plan prepared by a civil engineer licensed by the

(B)

measures that will be taken, such as shallow safety ledges, to

state of Texas;

prevent drowning; (C) the fracture pond size and how it is designed to minimize its footprint based on water supply; (D) an open-design black or dark green chain link fence, a minimum of six feet in height that encloses the fracture pond; and (E) (27)

restorative vegetation that complies with Article X.

a hazardous materials management plan that: (A)

complies with the Dallas Fire Code, as amended;

(B) includes the formula identifying the non-radioactive tracing or tagging additives that the operator will use in all fracturing fluids on the operation site; and (C) (28)

has been filed with the fire department;

a hazardous materials inventory statement that: (A)

complies with the Dallas Fire Code, as amended;

(B) includes material safety data sheets or an equivalent detailing all hazardous materials that are or will be located, stored, transported, or temporarily used on the operation site, including site preparation, boring, fracturing, completing, reworking, redrilling, refracturing, and production. The material safety data sheets must indicate all types, quantities, volumes, and concentration of all hazardous chemicals and additives used in these processes; and (C) (29)

has been filed with the fire department;

A landscape irrigation plan designed by a State of Texas licensed irrigator

that includes: DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 25

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(A)

the appropriate type of irrigation for the operation site; and

(B) measures to be taken to adequately irrigate all landscaping, including indicating the water source for irrigation; (30) a noise management plan detailing how the equipment used in the drilling, completion, transportation, or production of a well complies with the maximum permissible noise levels in Section 51A-6.102 and this article. The noise management plan must: (A)

identify the noise impacts of gas drilling and production; and

(B) provide documentation establishing the ambient noise level in accordance with this article; (C) detail how the gas drilling and production noise impacts will be mitigated. In determining noise mitigation, the operation site characteristics must be considered, including: (i)

nature and proximity of adjacent development, location,

(ii)

seasonal and prevailing weather patterns, including wind

(iii)

vegetative cover on and adjacent to the operation site; and

(iv)

topography on and adjacent to the operation site;

and type;

directions;

(31) a pipeline map indicating the location of the nearest gathering station, the alignment of the pipelines connecting the operation site to the gathering station, and a description of how the operator intends to get the gas to the market; (32) a screening and landscape plan that complies with all city screening and landscape requirements and includes: (A) a schedule detailing the timing of all landscaping and screening installation or, if a specific use permit has already been approved with a screening and landscape plan, a copy of the approved screening and landscape plan; (B)

the proposed efforts to replace dead or dying screening vegetation;

and (C) a fully executed third-party landscape maintenance agreement detailing the frequency and scope of the services to be provided;

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(33) a security plan that includes details about how the security alarm system requirements in this article will be complied with and provides the location of all security cameras provided on the operation site; (34) a signage plan that complies with the Texas Railroad Commission regulations, this article, and all other city ordinances, rules and regulations for the operation site and pipelines; (35) a spill prevention plan that complies with state and federal regulations, this article, and all other city ordinances, rules, and regulations and includes a plan for effective containment of all materials on site, including containment and mitigation strategies for any failures of temporary or permanent pipes, tanks, secondary containment systems, and water recycling systems; (36) best practices, will:

a surface reclamation plan that includes how the operator, using industry

(A)

restore the operation site to allow its use under the cityâ&#x20AC;&#x2122;s

comprehensive plan; (B) control surface water drainage and water accumulation and measures that will be taken during the reclamation process to protect the quantity and quality of surface and groundwater systems; (C)

clean up any polluted surface or ground water;

(D)

backfill, grade, and re-vegetate the operation site;

(E)

reconstruct, replace, and stabilize the soil;

(F)

reshape the topography; and

(G) employ other methods or practices necessary to ensure that all disturbed areas will be reclaimed; (37) a site lighting plan that complies with the cityâ&#x20AC;&#x2122;s lighting ordinance and is designed to promote the safety of all gas drilling and production operations. The plan must include a photometric plan, indicating the type and color of lights to be used and demonstrate how it complies with all Federal Aviation Administration requirements; (38)

a transportation plan that includes a:

(A) traffic impact analysis, including the proposed truck routes, types and weights of trucks and vehicles accessing the operation site; hours of the day that truck and vehicle traffic will be entering and leaving the operation site; days of the week that truck and

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vehicle traffic will be entering and leaving the operation site; turning movements associated with truck and vehicle traffic; proposed access points; and proposed traffic control devices; (B) map showing the truck routes approved by the gas inspector and identifying all public and private roads and routes intended for use within the city and that are consistent with any SUP requirements; (C) videotape of the truck routes, showing in adequate detail the physical conditions of the rights-of-way; and (D) signed by the operator. (39)

road repair agreement approved as to form by the city attorney and

a vector control plan detailing all measures

(A) that will be taken to ensure that a fracture pond will not become a site for mosquito harbourage; and (B) for mosquito abatement activities, including any biological or chemical control applications or water level control measures; (40) a waste management plan that includes recycling, treatment, and disposal methods for all drilling muds and cuttings, flowback water, fracturing fluids, salt or produced water, solid waste, and any other materials generated from pad site operations. If the waste management plan includes an injection method, a copy of the Texas Railroad Commission underground injection control permit is required. If the waste management plan includes disposal at a landfill, the location of the landfill and a copy of the permit is required; (41) a water management plan that includes a description of the water source to be used, the volumes, and the recycling, reuse, or disposal methods that will be used during drilling and production operations; and (42) (c)

any other information the gas inspector deems necessary.

Review of permit applications.

(1) The gas inspector shall return incomplete applications to the operator with a written explanation of the deficiencies. (2) The gas inspector shall determine whether the gas well permit should be issued, issued with conditions, or denied within 45 days after receiving a complete gas well permit application. If the gas inspector fails to make this determination within this specified time, the gas well permit is deemed denied. (3) The gas inspector shall issue a gas well permit if the application meets the requirements of this article and the conditions of the SUP. If the application does not meet the DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 28

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requirements of this article or the conditions of the SUP, the gas inspector shall either deny the application or issue the gas well permit subject to written conditions if compliance with the conditions eliminates the reasons for denial. If the gas inspector denies a gas well permit, the gas inspector [he] shall provide the operator with a written explanation of the reasons for denial within 30 days. (d)

Content of gas well permit. A gas well permit must: (1)

identify the name of the well and its operator;

(2) identify the name, address, and telephone number of the person designated to receive notices from the city; (3) contact persons; (4)

identify the names, addresses, and phone numbers of the two emergency

state the date the permit is issued;

(5) state that the gas well permit will automatically terminate if the operator does not begin drilling within 180 days after the date of issuance unless the gas inspector grants an extension; (6) state that all drilling activities must cease within five years from the issuance of the first gas well permit issued on the operation site unless a one-time two-year extension is approved; [if the operation site is located within 600 feet of a residential use, the operator shall begin drilling all of the wells approved by the SUP within one year after receiving the gas well permit for the first well located on the operation site;] (7)

state that the gas well permit shall automatically terminate after the well is

abandoned; (8) state that the operator shall apply for a new gas well permit before reworking an abandoned well; (9) incorporate the full text of the indemnity provision from the operator's submitted indemnity agreement; (10)

incorporate, by reference: (A)

the insurance and security requirements of this article;

(B)

the conditions of the applicable specific use permit;

(C)

the information contained in the permit application;

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(D) including the field rules; (E)

the rules and regulations of the Texas Railroad Commission,

all other required permits and fees; and

(F) the requirement for annual emergency reporting, and notice before reworking a well; and

inspections,

periodic

reports,

(11) state that the operator shall comply with the most recently submitted and approved site plan, tree survey, hazardous materials management plan, and emergency action response plan. The SUP and the full-sized site plan must be attached to the gas well permit. (e) Acceptance of permit. By accepting a gas well permit, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this article. The terms of this article shall be deemed to be incorporated in any gas well permit as if they were set forth verbatim in the gas well permit. (f) Amendment of permit. If the operator wants to change the original site plan attached to the gas well permit and the SUP, the operator shall first seek a zoning amendment or minor amendment and then apply in writing for a gas well permit amendment. If the operator pays the fee to amend their gas well permit, and the new site plan complies with the requirements of the SUP and this article, the gas inspector shall issue an amended gas well permit. (g)

Transfer of permit. (1)

The gas inspector shall transfer a gas well permit to a new operator if:

(A) the transfer is in writing, approved as to form by the city attorney, signed by both operators, and the new operator agrees to be bound by the terms and conditions of the transferred gas well permit, the SUP, and this article; (B) all information previously provided to the city as part of the application for the original gas well permit is updated to reflect the new operator; (C) the new operator provides proof of the insurance and security required by this article; and (D)

the operator-transfer fee is paid in full.

(2) The gas inspector shall release the insurance and security provided by the old operator if the requirements of this Subsection (g) are met. The transfer does not relieve the old operator from any liability arising out of events occurring before the transfer. (h)

Revocation or suspension of permit.

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(1) If the operator violates this article, the gas well permit, or the SUP, the gas inspector shall give written notice to the operator describing the violation and giving the operator a reasonable time to cure. The time to cure must take into account the nature and extent of the violation, the efforts required to cure, and the potential impact on public health, safety, and welfare. The time to cure must not be less than 30 days unless the: (A)

[the] violation could cause imminent destruction of property or

injury to persons; or (B) [the] violation involves the operator's failure to take a required immediate action as required by this article. (2) If the operator fails to correct the violation within the specified time, the gas inspector shall suspend or revoke the gas well permit. The gas inspector shall also report any violations to the Texas Railroad Commission and request that the Texas Railroad Commission take appropriate action. (3) If a gas well permit is suspended, no person may engage in any activities that were permitted under that gas well permit except for those activities necessary to remedy the violation. If the violation is remedied, the gas inspector shall reinstate the gas well permit, and the operator may resume gas drilling and production. (4) If a gas well permit is revoked, the operator shall obtain a new gas well permit before resuming gas drilling or production. (i)

Appeal.

(1) If the gas inspector denies, suspends, or revokes a gas well permit, the gas inspector shall send the operator, by certified mail, return receipt requested, written notice of the decision and the right to appeal. (2) The operator has the right to appeal to the permit and license appeal board in accordance with Article IX of Chapter 2 of the Dallas City Code. An appeal to the permit and license appeal board stays all enforcement proceedings involving the action appealed from unless the gas inspector determines that a stay would cause imminent destruction of property or injury to persons.

SEC. 51A-12.203[106]. (a)

INSURANCE AND SECURITY INSTRUMENTS.

In general. (1)

The operator shall provide the insurance required in this section at its own

expense.

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(2) The operator shall keep the insurance in effect until the gas inspector approves the abandonment and restoration of the operation site. (3) Companies approved by the State of Texas with an AM Best Rating of A or better and acceptable to the city must issue the insurance. (4)

The operator shall provide the gas inspector with a copy of the certificates

of insurance. (5) Upon the gas inspector's request, the operator shall provide copies of the insurance policies and all endorsements at no cost to the city. (6) Failure of the city to request required insurance documentation does not constitute a waiver of the insurance requirement. (7) Depleting, wasting, or defense within limits provisions are not permitted in any of the insurance required in this section. (b)

Modification of insurance.

(1) The office of risk management may modify the insurance requirements of this section when necessary based upon economic conditions, recommendation of professional insurance advisors, changes in law, court decisions, or other relevant factors. (2) The operator shall modify the insurance as requested and shall pay the cost of any modifications. (c)

Subcontractor insurance.

(1) The operator shall require each subcontractor performing work on the operation site to obtain insurance that is appropriate for the services the subcontractor is performing. (2) The subcontractor shall provide the subcontractor's insurance at its own expense to the operator and gas inspector. (3)

The subcontractor's insurance must name the operator as an additional

insured. (4) The subcontractor shall keep the subcontractor's insurance in effect until the gas inspector approves the abandonment and restoration of the operation site. (5) Companies approved by the State of Texas with an AM Best Rating of A or better and acceptable to the city must issue the subcontractor's insurance.

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(6) The operator shall provide the gas inspector with a copy of the certificates of insurance for each subcontractor at least 30 days before the subcontractor begins work. (7) Upon request, the operator shall provide the gas inspector with copies of the subcontractor's insurance policies and all endorsements at no cost to the city. (d) Required provisions. All insurance contracts and certificates of insurance must have an endorsement: (1)

stating that the city is an additional insured to all applicable policies;

(2) stating that coverage may not be cancelled, non-renewed, or materially changed in policy terms or coverage without 30-days advance written notice by mail to the: (A)

[the] gas inspector; and

(B) [the] City of Dallas, Director, [director of the] Office of Risk Management, 1500 Marilla, 6A-South, Dallas, TX 75201 [the]; (3) waiving subrogation against the city, its officers, [and] employees, and elected representatives for bodily injury (including death), property damage, or any other loss to all applicable coverages; (4)

stating that the operator’s insurance is the primary insurance;

(5) stating that liability, duty, standard of care obligations, and the indemnification provision are underwritten by contractual liability coverage that includes these obligations; (6)

identifying the operation site by address;

(7)

identifying the gas inspector as the certificate holder; and

[(8) striking the wording "endeavour to” and "failure to mail” under the cancellation provision on the certificate of insurance.] (e) Required coverage. Subject to the operator's right to maintain reasonable deductibles, and subject to a maximum deductible or self-insured retention of $250,000, the operator shall obtain insurance coverage in the following types and amounts: (1) (2) bodily injury by:

Workers' compensation insurance with statutory limits. Employer's liability insurance with the following minimum limits for

(A)

[by] accident, $1,000,000 [$500,000] per each accident; and

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[by] disease, $1,000,000 [$500,000] per employee; and (B)

with a per-policy aggregate of $1,000,000 [$500,000].

(3) Business automobile liability insurance covering owned, hired, and nonowned vehicles, with a minimum combined bodily injury (including death) and property damage limit of $2,000,000 [$1,000,000] per occurrence. If the operator is subject to the Motor Carrier Act, endorsement form MCS 90 is required and a copy must be attached to the certificate of insurance. (4) Commercial general liability insurance covering explosion, collapse, underground blowout, cratering, premises/operations, personal and advertising injury, products/completed operations, independent contractors, and contractual liability with the following minimum combined bodily injury (including death) and property damage limits of: (A)

$2,000,000 [$1,000,000] per occurrence;

(B)

$2,000,000 products/completed operations aggregate; and

(C)

$2,000,000 general aggregate.

(5) Environmental impairment or pollution legal liability insurance covering handling, removal, seepage, storage, testing, transportation, and disposal of materials. (A) Coverage must include loss of use of property; cleanup cost; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims in connection with any loss arising from the operation site. (B) Coverage must apply to sudden and accidental pollution resulting from the escape or release of smoke; vapors; fumes; acids; alkalis; toxic chemicals; liquids or gases; waste material; or other irritants, contaminants, or pollutants. (C) Coverage must include gradual pollution or pollution legal liability with time element pollution for a minimum combined bodily injury (including death) and property damage limit of $10,000,000 per occurrence. (D) Coverage must be maintained with a minimum combined bodily injury (including death) and property damage limit of $10,000,000 per occurrence. [(D) As an alternative to providing environmental impairment or pollution legal liability insurance, the operator may purchase an umbrella policy that meets the requirements of Section 51A-12.106(e)(6)(C), or the operator may provide evidence of selfinsurance. The operator shall remain sufficiently self-insured until the operation site is abandoned and restored. The operator shall provide the gas inspector with evidence of sufficient selfinsurance every six months. This provision does not limit the operator's full responsibility in the event of a loss. An operator is sufficiently self-insured and the environmental impairment and DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 34

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pollution legal liability insurance shall be waived if the operator provides one of the following as evidence of self-insurance: (i) restricted cash fund equal to the required environmental impairment or pollution legal liability insurance; or (ii) surety bond, in a form acceptable to the city, equal to the required environmental impairment or pollution legal liability insurance.] (6) Umbrella liability insurance following the form of the primary liability coverage described in Paragraphs (1) through (4) [(5)] and providing coverage with minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence and $25,000,000 annual aggregate. Increased primary liability limits equivalent to the umbrella liability insurance limits specified will satisfy the umbrella liability insurance requirements. (A) the certificate of insurance.

A copy of the declaration page of the policy must be attached to

(B) Coverage must include explosion, collapse, underground blowout, cratering, sudden and accidental pollution, handling, removal, seepage, storage, testing, transportation, and disposal of materials. A copy of the endorsements providing this coverage must be attached to the certificate of insurance. [(C) If the operator does not purchase environmental impairment, pollution legal liability insurance, or is not sufficiently self-insured, then umbrella liability insurance with minimum limits of $35,000,000 per occurrence and $35,000,000 annual aggregate is required.] (7) Control-of-well insurance to provide coverage for the cost of regaining control of an out-of-control (wild) well including the cost of re-drilling and clean up of an incident with minimum limit of $10,000,000. Coverage must include seepage, pollution, stuck drill stem, evacuation expense of residents, loss of equipment, experts, and damage to property that the operator has in the operator's care, custody, or control. (8) If the insurance required in Section 51A-12.106(e)(4)-(6) is written on a claims-made form, coverage must be continuous (by renewal or extended reporting period) for at least 60 months after the gas inspector approves the abandonment and restoration of the operation site. Coverage, including renewals, must contain the same retroactive date as the original policy. (f)

Miscellaneous provisions.

(1) The city's approval, disapproval, or failure to act regarding any insurance supplied by the operator or a subcontractor does not relieve the operator or subcontractor of full

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responsibility or liability for damages and accidents. Bankruptcy, insolvency, or the insurance company's denial of liability does not exonerate the operator or the subcontractor from liability. (2) If an insurance policy is cancelled or non-renewed, the gas inspector shall suspend the gas well permit on the date of cancellation or non-renewal and the operator shall immediately cease operations until the operator provides the gas inspector proof of replacement insurance coverage. (g) Performance bond or irrevocable letter of credit. Before issuance of a gas well permit, the operator shall give the gas inspector a performance bond or an irrevocable letter of credit approved as to form by the city attorney. (1) A bonding or insurance company authorized to do business in Texas and acceptable to the city must issue the performance bond. A bank authorized to do business in Texas and acceptable to the city must issue the irrevocable letter of credit. (2) The performance bond or irrevocable letter of credit must list the operator as principal and be payable to the city. (3) The performance bond or irrevocable letter of credit must remain in effect for at least six months after the gas inspector approves the abandonment of the well. (4) Except as otherwise provided, the amount of the performance bond or irrevocable letter of credit must be at least $50,000 per well. (A) After a well is completed, the operator may request that the gas inspector reduce the existing performance bond or irrevocable letter of credit to $10,000 per well for the remainder of the time the well produces without reworking. The gas inspector shall reduce the existing performance bond or irrevocable letter of credit if the operator has fully complied with the provisions of this article and the conditions of the SUP, and the gas inspector determines that a $10,000 performance bond or irrevocable letter of credit is sufficient. (B) If the gas inspector determines the operator's performance bond or irrevocable letter of credit is insufficient, the gas inspector may require the operator to increase the amount of the performance bond or irrevocable letter of credit to a maximum of $250,000 per well. (5) Cancellation of the performance bond or irrevocable letter of credit does not release the operator from the obligation to meet all requirements of this article, the gas well permit, and the SUP. If the performance bond or irrevocable letter of credit is cancelled, the gas well permit shall be suspended on the date of cancellation and the operator shall immediately cease operations until the operator provides the gas inspector with a replacement performance bond or irrevocable letter of credit that meets the requirements of this article. (6) The city may draw against the performance bond or irrevocable letter of credit or pursue any other available remedy to recover damages, fees, fines, or penalties due from DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 36

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the operator for violation of any provision of this article, the SUP, or the gas well permit. The performance bond or irrevocable letter of credit may also be used to mitigate public losses (i.e. damage to infrastructure, loss of sales tax, etc.) related to the loss of control of a well. (h) Road repair security instrument. Before issuance of a gas well permit, the operator shall give the gas inspector a road repair performance bond or an irrevocable letter of credit approved as to form by the city attorney. The road repair security instrument is in addition to the performance bond or irrevocable letter of credit required by Section 51A-12.106(g). (1) A bonding or insurance company authorized to do business in Texas and acceptable to the city must issue the performance bond. A bank authorized to do business in Texas and acceptable to the city must issue the irrevocable letter of credit. (2) The performance bond or irrevocable letter of credit must list the operator as principal and be payable to the city. (3) The performance bond or irrevocable letter of credit must remain in effect for at least six months after the department of public works completes the final inspection of the right-of-way. (4) The department of public works shall determine the amount of the performance bond or irrevocable letter of credit based upon, among other factors, the estimated cost to the city of restoring the right-of-way. (5) Cancellation of the performance bond or irrevocable letter of credit does not release the operator from the obligation to meet all requirements of this article, the gas well permit, and the SUP. If the performance bond or irrevocable letter of credit is cancelled, the gas well permit shall be suspended on the date of cancellation and the operator shall immediately cease operations until the operator provides the gas inspector with a replacement performance bond or irrevocable letter of credit that meets the requirements of this article. (6) The city may draw against the performance bond or irrevocable letter of credit or pursue any other available remedy to recover damages, fees, fines, or penalties related to the damage of the right-of-way covered by Section 51A-12.107(f). (i) Well plugging bond. Before issuance of a gas well permit, the operator shall give the gas inspector a well plugging bond. (1) A bonding or insurance company authorized to do business in Texas and acceptable to the city must issue the well plugging bond. (2)

The well plugging bond must list the operator as principal and be payable

to the city. (3) The well plugging bond must remain in effect for at least six months after the gas inspector approves the abandonment of the well. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 37

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(4) Except as otherwise provided, the amount of the well plugging bond must be at least $50,000 per well. (5) Cancellation of the well plugging bond does not release the operator from the obligation to meet all requirements of this article, the gas well permit, and the SUP. If the well plugging bond is cancelled, the gas well permit shall be suspended on the date of cancellation and the operator shall immediately cease operations until the operator provides the gas inspector with a replacement well plugging bond that meets the requirements of this article. (6) The city may draw against the well plugging bond or pursue any other available remedy to recover damages, fees, fines, or penalties due from the operator for violation of any provision of this article, the SUP, or the gas well permit. The well plugging bond may also be used to mitigate public losses (i.e. damage to infrastructure, loss of sales tax, etc.) related to the loss of control of a well. (j) Right-of-way bonds. Rights-of-way bonds on private property between the private landowner and the operator shall have a minimum limit of $10,000.

SEC. 51A-12.204[107]. (a)

OPERATIONS.

In general.

(1) Operations must be conducted in accordance with the practices of a reasonable and prudent gas drilling operation in the State of Texas. (2) The layout of an operation site must comply with the site plan attached to the gas well permit and the SUP. (3) No refining, except for gas dehydrating and physical phase separation, may occur on the operation site. (4)

Only freshwater-based mud systems are permitted.

(5)

No person may add any type of metal additive into drilling fluids.

(6)

Salt or produced-water disposal wells, also known as injection wells, are

prohibited. (7) Unless otherwise directed by the Texas Railroad Commission, the operator shall remove waste materials from the operation site and transport them to an off-site disposal or recycling facility at least once every 30 days. (8)

No air, gas, or pneumatic drilling is permitted.

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(9) Salt or produced water or other wastewater collection or transportation pipelines must be approved by city council as part of a required SUP for a gas drilling and production use. (10) (11) production use.

Landfarming is prohibited. Lift and line compressors are permitted as part of the gas drilling and

(12) The operation site must be kept clear of dilapidated structures, debris, pools of water or other liquids, contaminated soil, brush, high grass, weeds, and trash or other waste material. [not become dilapidated, unsightly, or unsafe. For example, the site must be kept clear of high grass, brush, weeds, debris, pools of liquids, contaminated soil, trash, and other waste materials.] (13) Except as otherwise provided in this article, other city ordinances, or the SUP, if the conditions on or the operations of the gas drilling and product use change or any other updates or changes are made that are not reflected on a required plan, the operator shall provide an update to each affected plan to the gas inspector within 30 days of the change. (14) See Sections 51-4.213(19)(E) or 51A-4.203(b)(3.2)(E) for additional spacing, fencing, and slope requirements. (b)

Dust, vibrations, and odors.

(1) To prevent injury or nuisances to persons living and working in the area surrounding the operation site, the operator shall conduct all drilling and production in a manner that minimizes dust, vibrations, or odors, and in accordance with industry best practices for drilling and production of oil, gas, and other hydrocarbons. (2) The operator shall adopt proven technological improvements in industry standards for drilling and production if capable of reducing factors of dust, vibration, and odor. (3) If the gas inspector determines that the dust, vibrations, or odors related to the gas drilling and production present a risk of injury or have become a nuisance to persons living and working in the area, the gas inspector shall require the operator to adopt reasonable methods for reducing the dust, vibrations, and odors. (4) Brine water, sulphur water, or water in mixture with any type of hydrocarbon may not be used for dust suppression. (c) Electric lines. Electric lines to the operation site must be located in a manner compatible with those already installed in the surrounding area. (d)

Equipment, structures, and operations.

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(1)

In general.

(A) American Petroleum Institute. All equipment and permanent structures must conform to the standards of the American Petroleum Institute unless other specifications are approved by the fire marshal. (B) Maintenance. All equipment and structures must be maintained in good repair and with a neat appearance. (C) Painting. Unless a specific color is required by federal or state regulations, all equipment and structures must be painted with a neutral color approved by the gas inspector. (D) Removal of rig and equipment. The drilling rig and associated drilling equipment must be removed from the operation site within 30 days after completion. (2) Drip pans and other containment devices. Drip pans or other containment devices must be placed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, and connections, and any other area or structures that could potentially leak, discharge, or spill hazardous liquids, semi-liquids, or solid waste materials. (3)

Engines.

(A) Electric motors must be used during drilling unless the operator submits a plan to the gas inspector documenting why electric motors cannot be used. (B)

Only electric motors may be used during production.

(C) Electric power may be generated on the operation site but may not be sold for offsite use. All electrical installations and equipment must comply with city, state, and federal rules and regulations. (4)

Fire prevention equipment.

(A) The operator, at the operator's expense, shall provide fire fighting apparatus and supplies as approved by the fire department and required by federal, state, or local law on the operation site at all times during drilling and production. The operator shall be responsible for the maintenance and upkeep of the fire fighting apparatus and supplies. (B) If the chief of the fire department makes a written request to the operator, the operator shall provide training and instruction to the fire department and other emergency responders about well safety, emergency management protocol, and all information specific to the well operations or emergency management activities at the operation site. The training must occur within 30 days after the written request is made.

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(5)

Mud pits. (A)

Only closed-loop drilling fluid systems are permitted.

(B) Low toxicity glycols, synthetic hydrocarbons, polymers, and esters must be substituted for conventional oil-based drilling fluids. (6)

Tanks.

(A) Gas well operations must use tanks for storing liquid hydrocarbons. Tanks must be portable, closed, and made of steel or fiberglass. If the gas inspector discovers the presence of condensate or liquid hydrocarbons, he may require that tanks have a remote foam line. (B) All tanks must have a vent line, flame and lightning arrestor, pressure-relief valve, and level-control device. The level-control device must automatically activate a valve to close the well to prevent the tank from overflowing. (C) Tanks must have a secondary containment system that is lined with an impervious material. The secondary containment system must be high enough to contain one and one-half times the contents of the largest tank in accordance with the Dallas Fire Code. (D) Drilling mud, cuttings, liquid hydrocarbons, and other waste materials must be discharged into tanks in accordance with the rules of the Texas Railroad Commission and other appropriate local, state, or federal agencies. (E) Temporary flowback tanks must be removed from the operation site within 90 days after completion of the gas well unless the gas inspector extends the time period for no more than 30 additional days or other wells on the operation site are in the drilling phase. (F) (7)

The top of any tank may not exceed the required fence height.

Wells.

(A) Each well must have an automated valve that closes the well if an abnormal change in operating pressure occurs. All wellheads must also have an emergency shut off valve to the well distribution line. (B) Surface casing must be run and set in full compliance with the Texas Railroad Commission and the Texas Commission on Environmental Quality. (C) A blowout preventer must be used when wells are being drilled, reworked, or at anytime when tubing is being changed. (e)

Emergencies.

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(1)

In general.

(A) The emergency action response plan that complies with the Dallas Fire Code, as amended, must be kept current. (B) operation site at all times.

A copy of the current emergency response plan must be kept on the

(C) Updates to the emergency action response plan must be submitted to the gas inspector, the fire chief, and the fire marshal within two business days after any additions, modifications, or amendments are made. (D) The operator shall conduct an annual review and update of the emergency action response plan that must be approved by the fire marshal. (2) Compliance with emergency action response plan. In emergencies, the operator shall comply with the current emergency action response plan submitted to the gas inspector. (3)

Loss of control.

(A) If the operator loses control of a well, the operator shall immediately take all necessary steps to regain control regardless of other provisions of this article. (B) If the gas inspector believes that the loss of control creates a danger to persons and property and the operator is not taking the necessary steps to regain control, the gas inspector is authorized to: (i)

take the necessary steps to regain control; and

(ii)

incur expenses for labor and materials necessary to regain

control of a well. (C)

The operator shall reimburse the city for any expenses incurred in

regaining control. (f)

Environmental requirements. (1)

In general.

(A) All federal, state, and local rules regarding protection of natural resources must be strictly followed. (B) The operator shall ensure that ground and fresh water wells are not contaminated by gas drilling and production operations or any related activities. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 42

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The operator shall comply with all federal, state, and local storm

(D) The operator shall use industry best practices in recycling and reusing hydraulic fracturing fluids and flowback water. (2)

Air quality. (A)

Gasses vented or burned.

(i) Except as permitted by the Texas Railroad Commission and the fire marshal, the operator shall not vent gases into the atmosphere or burn gases by open flame. (ii) At no time may a well flow or vent directly into the atmosphere without first directing the flow through separation equipment or into a portable tank. (iii) If venting or burning of gases is permitted, the vent or open flame must be located at least 300 feet from any structure that is necessary to the everyday operation of wells. (B)

Reduced emissions.

(i) Internal combustion engines and compressors, stationary or mounted on wheels, must be equipped with an exhaust muffler or comparable device that suppresses noise and disruptive vibrations and prevents the escape of gases, fumes, ignited carbon, or soot. (ii) After fracturing or re-fracturing is completed, the operator must employ appropriate equipment and processes as soon as practicable to minimize natural gas and associated vapor releases into the environment. (iii) All salable gas must be directed to a sales line as soon as practicable or shut in and conserved. (iv) All wells that have a sales line must employ reduced emission completion techniques and methods unless the gas inspector determines that reduced emission completion techniques or methods are not feasible or would endanger the safety of personnel or the public. (v)

Vapor recovery equipment is required in accordance with

state and federal laws. (C)

Emissions compliance.

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(i) If an operation site receives two or more notices of violation for emissions or air quality violations during any 12 month period, as determined by the Texas Commission on Environmental Quality or the Environmental Protection Agency, within 30 days of receiving the second notice, the operator shall submit to the gas inspector an emissions compliance plan. (ii)

The emissions compliance plan must include:

(aa) 24 hour monitoring techniques the operator will use to demonstrate that the operation site complies with applicable emissions limits and all applicable laws relating to emissions. (bb) activities and equipment the operator will immediately employ to ensure that the operation site complies with applicable emissions limits and all applicable laws related to emissions. (cc) of 12 months of documented compliance. (3)

quarterly reporting to the gas inspector for a period

Baseline assessments. (A)

Air.

(i) Before gas drilling activities begin on an operation site, the operator shall perform a baseline test of air quality on the operation site. (ii) The baseline air quality test must be collected and analyzed by a qualified third party using proper sampling and laboratory protocol from an Environmental Protection Agency or a Texas Commission on Environmental Quality approved laboratory. (iii) The minimum baseline air quality results must include benzene, toluene, ethylbenzene, xylenes, ozone, hydrocarbons (e.g. methanes, ethanes, propanes), nitrogen oxides, volatile organic compounds, sulfer dioxides, naphthalenes, acroleins, and formaldehyde. (iv) The baseline air quality test results must be provided to the gas inspector within 30 days after the baseline testing is conducted. (v) with baseline testing of air quality. (B)

The operator is responsible for the cost and fees associated

Natural gas.

(i) Within 30 days after the first well enters production, the operator must provide to the gas inspector a written extended natural gas analysis.

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(ii) The extended natural gas analysis must be performed by a qualified third party laboratory and must include findings for benzene and hydrocarbons. (iii) The operator is responsible for the cost and fees associated with an extended natural gas analysis. (C)

Water.

(i) Except as otherwise provided in this paragraph, before gas drilling activities begin, the operator shall perform a baseline test of all water wells within 2,000 feet of a well bore and all surface water within 750 of a well bore. (ii) Water samples must be collected by a third party consultant and analyzed using proper sampling and laboratory protocol from an Environmental Protection Agency or Texas Commission on Environmental Quality approved laboratory. (iii) The minimum baseline water test results must include TDS, Chlorides, volatile organic compounds and TPH, dissolved gases (methane, ethane), THPH fractioned, SVOCâ&#x20AC;&#x2122;s, and HAP. (iv) The baseline water test results must be provided to the gas inspector within 30 days after the baseline testing is conducted. (v) If the operator documents to the satisfaction of the gas inspector that permission to access private property to conduct the required baseline testing is not granted, water baseline testing is not required for that water well or ground water. (vi) The operator is responsible for the cost and fees associated with baseline testing of all water wells and surface water. (4)

Chemical and hazardous materials storage.

(A) The purpose of this paragraph, the hazardous materials management plan, and the hazardous materials inventory statement, including the materials safety data sheets, is to minimize the: (i)

risk of unwanted releases, fires, or explosions involving

hazardous materials; and (ii) consequences of an unsafe condition involving hazardous materials during normal operations or in the event of an abnormal condition. (B) The operator shall comply at all times with the hazardous materials management plan, the hazardous materials inventory statement, and the material safety data sheets.

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(C) The hazardous materials management plan, the hazardous materials inventory statement, and all material safety data sheets must be kept current. (D) A copy of the hazardous materials management plan, the hazardous materials inventory statement, and all material safety data sheets must be kept on the operation site at all times. (E) Updates to the hazardous materials management plan and the hazardous materials inventory statement must be submitted to the gas inspector, the fire chief, and the fire marshal within two business days after any additions, modifications, or amendments are made. (F) If a hazardous material that is not identified on a material safety data sheet filed with the fire department is being introduced to the operation site, a new or updated material safety data sheet must be provided to the fire department and the gas inspector at least seven days in advance of the hazardous materials being introduced onto the operation site. (G) If hazardous materials are removed from the operation site or quantities have changed from a previously submitted material safety data sheet, updated copies of the material safety data sheets must be provided to the fire department and gas inspector within two business days. (H) All chemicals and hazardous materials must be stored in accordance with the hazardous materials management plan and in such a manner as to prevent release, contain, and facilitate rapid remediation and cleanup of any accidental spill, leak, or discharge of a hazardous material. (I) state, and local regulations.

Containers must be properly labelled in accordance with federal,

(J) Operator shall take all appropriate pollution prevention actions, including raising above grade chemicals and other materials (for example, placing chemicals and other materials on wood pallets); installing and maintaining secondary containment systems; and providing adequate protection from storm water and other weather events. (5)

Clean up after spills, leaks, and malfunctions.

(A) After any spill, leak, or malfunction, the operator shall remove, to the satisfaction of the fire marshal, the gas inspector, and the office of environmental quality all waste materials from any public or private property affected by the spill, leak, or malfunction. Clean up operations must begin immediately. (B) If the operator fails to begin cleanup operations immediately, the city may contact the Texas Railroad Commission to facilitate the removal of all waste materials from the property affected by the spill, leak, or malfunction; or the gas inspector may employ DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 46

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any cleanup experts, other contractors, suppliers of special services, or may incur any other expenses for labor and material that the gas inspector deems necessary to clean up such spill, leak, or malfunction. (6) Depositing materials. The operator shall not deposit any substance (i.e. oil, naphtha, petroleum, asphalt, brine, refuse, wastewater, etc.) into or upon a right-of-way, storm drain, ditch, sewer, sanitary drain, body of water, private property, or public property. (7) Erosion control practices. Berms that are at least one foot high and two feet wide, or equivalent erosion devices, must be installed to prevent lot-to-lot drainage. Any damages to adjacent properties from sedimentation or erosion must be repaired immediately. (8) Flood plain. All gas drilling and production operations must comply with the flood plain regulations in Article V. (9)

Water.

(A) The operator shall set surface casing in accordance with state and local rules and regulations to ensure groundwater protection. (B)

The operator shall: (i)

give the gas inspector 72-hoursâ&#x20AC;&#x2122; notice before setting the

(ii)

allow access to the operation site during surface casing

(iii)

allow access to all relevant reports associated with the

well casing; and

installation;

setting of the surface casing. (g)

Fresh water fracture ponds. (1)

In general. (A)

Fresh water fracture ponds are permitted on an operation site.

(B) Except as otherwise provided in this subparagraph, additives, oil and gas waste by-products, and salt water are not permitted in a fresh water fracture pond. Vector control additives are permitted in a fresh water fracturing pond. (C) The fresh water fracture pond must permanently hold sufficient water to prevent a nuisance or vector control problem.

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(D) The fresh water fracture pond must comply with the Drainage Design Manual of the Department of Public Works and all other city, state and federal rules and regulations. (E)

Artificial liners are not permitted.

(F) Fresh water fracture ponds must be maintained in a manner using best management practices to ensure the integrity of the fresh water fracture pond. For purposes of this subparagraph, â&#x20AC;&#x153;Best Management Practicesâ&#x20AC;? means structural, nonstructural, and managerial techniques that are recognized to be the most effective and practical means to control water storage in open pits in an urban or suburban setting. (2)

Removal and restoration. (A)

Removal.

(i) The operator shall remove the fresh water fracture pond from the operation site within five years from the date the first gas well permit is issued. The operator may apply for a one-time, two-year extension from the gas inspector. (ii) The request for an extension must be made to the gas inspector in writing at least six months before the fifth year from the date the first gas well permit was issued. (iii) The gas inspector must approve or deny the extension within 45 days after receiving the extension request. (iv) As a condition of the approval of the extension, the gas inspector may require additional measures, as necessary, to minimize the impact of the additional drilling activities upon neighboring properties. (v) The gas inspector must approve the extension if the fresh water fracturing pond will not adversely impact the neighboring properties or if additional measures required eliminate the reasons for denial. (vi) If the gas inspector denies the request for a one-time twoyear extension, he must provide the operator with a written explanation of the reasons for denial within 30 days. (vii) The operator has the right to appeal to the permit and license appeal board in accordance with Article IX of Chapter 2 of the Dallas City Code. An appeal to the permit and license appeal board stays all enforcement proceedings involving the action appealed unless the gas inspector determines that a stay would cause imminent destruction of property or injury to persons. (B)

Restoration. The operator is responsible for:

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(i)

removing the fresh water fracture pond;

(ii) grading, leveling, and restoring the area to the same surface condition, as nearly as practicable, that existed before the fracture pond was constructed; and (iii) restoring the vegetation in accordance with the landscape design provided in the fracture pond design plan. (h)

Fracturing. (1)

Notice.

(A) If the operation site is located within 1,500 feet of a protected use, measured from the boundary of the operation site in a straight line without regard to intervening structures or objects to the nearest protected use, the operator shall post a sign adjacent to the main gate of the operation site informing the public when fracturing will begin and the estimated duration of fracturing. This sign must be posted at least 10 days before fracturing begins. (B) The operator, at his own expense, shall provide written notification of the date that fracturing will begin and the estimated duration of fracturing to each property owner and registered neighborhood association within 1,500 feet of the boundary of the operation site, measured from the boundary of the operation site in a straight line without regard to intervening structures or objects to the nearest protected use, as shown by the current tax roll. The written notification must be sent by United States mail at least 10 days before fracturing begins. (C) The operator shall send written notice to the gas inspector of their intent to begin fracturing. The notice must identify the well and estimate the duration of fracturing. The written notice to the gas inspector must be provided at least 15 days before fracturing begins, (2)

Tracing or tagging additives.

(A) Operator shall add non-radioactive tracing or tagging additives into all fracturing fluids used on an operation site. (B) Operator shall provide the formula identifying the non-radioactive tracing or tagging additives in writing as part of the hazardous materials management plan. (C) The fracturing fluid non-radioactive tracing or tagging additives must be unique for each operation site. (D) If the operator changes or amends the non-radioactive tracing or tagging additives, the hazardous materials management plan must be amended and submitted to

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the fire marshal and the gas inspector at least seven days before introducing the changed additives onto the operation site. (h)

Glare. The operator shall comply with the glare regulations in Section 51A-6.104.

(i)

Hours of operation.

(1) Construction activities. Except as otherwise provided in this paragraph, construction activities involving excavation of or alteration to the operation site or repair work on any access road may only occur during daytime hours. City council may expand the hours of operations for these construction activities as part of the required SUP for a gas drilling and production use if the council finds that the expanded hours of operation will not affect nearby properties. (2) Drill stem testing. All open hole formation or drill stem testing may only occur during daytime hours. Drill stem tests may be conducted only if the well effluent produced during the test is produced through an adequate gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. (3)

Fracturing.

(A) Except as otherwise provided in this subparagraph, fracturing activities may only occur during daytime hours. In an emergency situation, the gas inspector may expand the hours of operation for fracturing activities until the emergency is resolved. (B)

Flowback operations may occur 24 hours per day.

(4) Loudspeakers. Unless required by state or federal laws or regulations, loudspeakers are permitted during daytime hours only. (5) Reworking. Except as otherwise provided in this paragraph, reworking or work-over operations may only occur during daytime hours. In an emergency situation, the gas inspector may expand the hours of operation for the reworking or work-over operations until the emergency is resolved. (6) Truck traffic. Except as otherwise provided in this paragraph, truck deliveries and removal of equipment and materials associated with drilling, fracturing, or production, well servicing, site preparation, or other related work conducted on the operation site may only occur during daytime hours. In cases of fires, blowouts, explosions, other emergencies, or where the delivery of equipment is necessary to prevent the cessation of drilling or production, truck deliveries and removal of equipment may occur 24 hours a day. (j) Hydrogen sulfide. If a gas or oil field is identified as a Hydrogen Sulfide (H2S) field in accordance with the Texas Railroad Commission, Texas Commission on Environmental Quality, or the Environmental Protection Agency, or if a well is producing H2S gas in excess of DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 50

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applicable Railroad Commission, Texas Commission on Environmental Quality, or the Environmental Protection Agency, the operator shall stabilize and immediately cease operation of that well or facility. (k)

Incident reports.

(1) Reporting. The operator shall immediately notify the gas inspector and fire marshal of incidents occurring on the operation site, including blowouts, fires, spills, leaks, explosions; incidents resulting in injury, death, or property damage; or incidents resulting in product loss from a storage tank or pipeline. (2) Written summary of incident. The operator shall give a written summary of the incident to the gas inspector and fire marshal by 5:00 p.m. on the first business day after the incident. (3) Follow-up report. The operator shall give a follow-up report to the gas inspector and fire marshal within 30 days after the incident. The follow-up report must be signed and dated by the operator's representative and must include: (A)

the operator's name and location of the operation site;

(B) the phone number, address, and e-mail address of the person with supervisory authority over the operation site; (C)

a description of the incident, including the time, date, location, and

cause of the event; (D) the duration of the incident (an incident ends when it no longer poses a danger to persons or property); (E) control and remedied; and

an explanation regarding how the incident was brought under

(F) a full description of any internal or external investigations or inquiries related to the incident, the findings of those investigations or inquiries, and the actions taken as a result of those findings. (l)

Noise.

(1) Conflicts. Except as otherwise provided in this subsection, the noise regulations in Section 51A-6.102 apply. (2)

Pre-drilling noise levels.

(A) Before the gas well permit may be issued, the operator shall establish and report to the gas inspector the continuous 72-hour pre-drilling ambient noise levels. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 51

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(B) The 72 hour time span must include at least one, 24-hour reading during either a Saturday or Sunday. The timeframe for this noise study must be designed to avoid the influence of wind interference on the noise study. (C) The operator shall submit a proposed ambient noise level study plan to the gas inspector for approval before conducting the study. The proposed noise level study plan must contain a proposed testing schedule and other details as required by the gas inspector. (D) The gas inspector shall determine if subsequent noise studies are needed to reevaluate ambient noise conditions. (E) The operator is responsible for all costs and fees associated with establishing and reporting the continuous 72-hour pre-drilling ambient noise levels. (3) Noise levels. An operator may not drill, re-drill, or operate any equipment in such a manner so as to create any noise that causes the exterior noise level, when measured at the nearest property line of the tract upon which the nearest protected use or habitable structure is located, or at a point that is 100 feet from the nearest protected use or habitable structure, whichever is closer to the well, to: (A)

exceed the ambient noise level by more than: (i)

10 decibels during fracturing operations;

(ii)

five decibels during daytime hours; and

(iii)

three decibels during all other hours.

(B) create pure tones where one-third octave band sound-pressure level in the land with the tone exceeds the arithmetic average of the sound-pressure levels of two contiguous one-third octave bands by: (i)

five dB for center frequencies of 500 hertz and above;

(ii)

eight dB for center frequencies between 160 and 400 hertz;

(iii)

15 dB for center frequencies less than or equal to 125 hertz.

and

create low-frequency outdoor noise levels that exceed the

(i)

16 hertz octave band: 65 dB

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(4)

(ii)

32 hertz octave band: 65 dB

(iii)

64 hertz octave band: 65 dB

Adjustments. (A)

Adjustments to the noise regulations in this subsection are

permitted as follows: dBA

Minutes (cumulative during any 1 hour period) 15 5 1 Less than 1

5 10 15 20

(B) The time period of monitoring will be continuous and will use the A-weighting network reported in decibel units. Data must be recorded and reported as Leq, which means an average measure of continuous noise that has the equivalent acoustic energy of the fluctuating signal over the same period. (5)

Continuous monitoring.

(A) If a proposed gas well is within 1,500 feet of a protected use, measured from the gas well in a straight line, without regard for intervening structures or objects, to the closest protected use, the operator shall comply with the following additional noise abatement measures: (i) Exterior noise levels, including pure tone and low frequency data, must be continuously monitored to ensure compliance. The continuous noise level monitoring data must also include an audio recording to help identify the source of sound level "spikes" throughout the logging period. (ii) The continuous noise monitoring equipment must be capable of wireless transmission of real-time noise and audio data. Access to this real-time data must be made available to the gas inspector. (iii) The noise readings must also be submitted to the gas inspector on a weekly basis in an electronic format or other format specified by the gas inspector. The weekly report must contain all noise data, including pure tone and low frequency readings. The report must state whether the operation site is in compliance with the noise requirements in this subsection and Section 51A-6.101. (B) If the report indicates that the operation site is not in compliance with the noise regulations in this subsection or Section 51A-6.101, the report must state the

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measures that are being taken to bring the operation site into compliance and the timeframe for implementing these remedial measures. (C) The operator is responsible for all costs and fees associated with all continuous noise monitoring. (D)

Continuous monitoring must occur at: (i)

the protected use property line;

(ii)

or 100 feet from the nearest protected use, whichever is

(iii)

a location approved by the gas inspector.

closer to the noise source; or

(6)

Blankets and other noise reduction methods.

(A) When required. If a gas well is within 2,000 feet of a protected use, measured from the gas well in a straight line to the protected use, the operator shall provide noise reduction blankets along the perimeter of the operation site that face any protected uses. (B) Height. Minimum height for a noise reduction blanket is 30 feet, except that the minimum noise reduction blanket height may be reduced by SUP if the city council determines that the proposed noise mitigation at the boundary of the operation site is adequate. (C)

Materials.

(i) Noise reduction blankets must be constructed of a fireretardant material approved by the fire marshal. (ii) The gas inspector may require the operator to use noise reduction blankets that meet a standard of sound transmission class (STC) 30 or greater when necessary. (D)

Timeframe.

(i) Except as otherwise provided in this paragraph, if drilling, fracturing, or well completion operations cease for a period greater than 90 days, the operator shall immediately remove all boundary noise blankets and all supporting structures. The gas inspector may grant a one-time, 30-day extension per well. (ii) The gas inspector may waive the 90-day removal requirement for an operation site that has sufficient natural, vegetative, or topographical screening that prevents the view of the boundary noise reduction blankets from city streets or protected uses. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 54

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(iii) To ensure compliance with the noise reduction blanket removal requirements, operator shall provide written notice to the gas inspector within 48 hours of ceasing drilling, fracturing, or well completion operations. (E)

Other noise reduction methods.

(i) Acoustic blankets, sound walls, mufflers, or other methods of noise mitigation may be used to ensure compliance with this subsection and Section 51A6.101. (ii)

Additional methods of noise mitigation must be approved

by the gas inspector. (iii) All soundproofing must comply with accepted industry standards and is subject to approval by the fire marshal. (m)

Periodic reports.

(1) The operator shall notify the gas inspector in writing of any changes to the following information within one week after the change occurs: (A)

the name, address, or phone number of the operator;

(B) the name, address, or phone number of the person designated to receive notices from the city; or (C)

the operator's emergency action response plan.

(2) The operator shall notify the gas inspector in writing within one business day after any changes to the name, address, or 24-hour phone number of the person with supervisory authority over the gas drilling or production operation site. (3) The operator shall notify the gas inspector in writing that a well has been completed within 72 hours after completion. (4) The operator shall submit a yearly written report to the gas inspector identifying any changes to the information provided in the gas well permit application not previously reported to the city. (5) The operator shall give the gas inspector a copy of any complaint submitted to the Texas Railroad Commission within 30 days after the operator receives notice of the complaint.

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(6) On a monthly basis, the operator shall give the gas inspector a copy of any new or amended permits, disclosures, and reports required by the Texas Railroad Commission and Texas Commission on Environmental Quality. (n)

Reworking.

(1) At least 10 days before reworking begins, the operator shall send written notice to the gas inspector of the operator's intent to rework a well. The notice must identify the well, describe the activities involved in the reworking, and estimate the duration of the activities. (2)

The operator shall pay the reworking fee before they begin reworking the

(3)

If a well is already abandoned, a new gas well permit is required to

well.

rework. (o) Rights-of-way. For purposes of this subsection, right-of-way means those rightsof-way located along the truck routes shown on the operator’s approved transportation plan and incorporated by reference into the gas well permit. (1) Periodic inspections. The operator shall periodically inspect the right-ofway to determine if damage has occurred. (2) City notifying operator. If the department of public works determines that the right-of-way has been damaged, the gas inspector shall notify the operator of the damage. (3) Repairs. The operator shall repair the damage to the right-of-way within 10 days after discovering or receiving notice of the damage. Repairs must be made in accordance with the current standards of the department of public works. At least two days before making the repairs, the operator shall notify the department of public works of the operator’s intent to begin repairs. The operator shall have all necessary permits before repairing the right-of-way. (4)

City making repairs and invoicing operator.

(A) If the operator fails to make repairs within 10 days after discovering or receiving notice of the damage, the director of public works may make the necessary repairs and invoice the operator. The operator shall pay the amount due within 30 days after the invoice date. (B) If the director of public works determines that the damages to the rights-of-way affect the immediate health and safety of the public, the director of public works may make the repairs without first requesting that the operator make the repairs. The director of public works shall invoice and the operator shall pay the amount due within 30 days after the invoice date.

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(C) If required by state law, the director of public works shall employ a competitive bidding process before making the repairs to the rights-of-way. (5) Final inspection. After the gas inspector approves the abandonment and restoration of the operation site, the operator shall notify the director of public works and request an inspection of the right-of-way. After inspection, the director of public works shall notify the operator of any needed repairs. Repairs must be made in accordance with this article. (p)

Security. (1)

Personnel.

(A) During drilling, fracturing, or reworking of a well, at least one person designated by the operator must be on the operation site at all times to oversee the activities and monitor safety. (B) An operator shall provide an off-duty certified peace officer to direct traffic at the entrance to the operation site when high truck traffic is accessing the site, including during the construction of the operation site and fracture pond, drilling, fracturing, flowback, and any reworking activities that requires a rig. The off-duty certified peace officer must ensure that all traffic entering and exiting the operation site is using the approved transportation route. A written record must be maintained of any violators and must be available on-site for inspection by the gas inspector.

(2) Security system. Within ten days of completion of the temporary perimeter fencing, the operator shall install a fully operational security system that meets the following requirements: (A) Remotely monitored control access system. The operator shall install and maintain at all vehicular gates a permitted, remotely monitored control access system. The control access system must meet the following requirements: (i) Monitoring. The control access system must be monitored by facility capable of monitoring security-related alarm systems and meeting all required state and federal guidelines. The monitoring facility must be staffed and operational at all times. (ii) Access control. Gate access must be secured by an access control system with an unlocking and re-locking mechanism that requires a card, numeric code, or other identification device for gate operation. The system must record the identity of the entering party and the date and time of such entry. (iii) Intrusion detection system. The control access system must include a gate closure contact sensor that activates when the gate closure sensor is violated by non-identified access. The control access system must be equipped to signal a control panel that

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activates an on-site audible signal and registers at the monitoring facility when an access breach is detected. (iv) Open gate detection. The control access system must include an open gate detection alarm that notifies the monitoring facility if the gate closure sensors, once accessed, are not closed and thereby reactivated within five minutes of being opened. (v) Exit sensor. The operator shall equip all gates with a motion sensor, weight sensor, or other device to unarm the gate for vehicles exiting the site. (B)

Exit gate.

(i) Gates must be installed on all fences and must remain locked unless gas drilling personnel are present. (ii)

An exit-only gate must be installed for personnel near the

vehicular gate entrance. (C) Response to alarms. The operator shall obtain an alarm permit for the alarm system from the police department in accordance with the city's alarm ordinance. The monitoring facility must notify the operator and the police department in case of security breach at the operation site. The operator shall respond on-site with an authorized representative within 45 minutes of notification of an alarm. The gas inspector may suspend the gas well permit of any operator responsible for more than 20 false alarms in any calendar year. (D) Automated audible alarm system. The operator shall install and maintain an audible alarm system at each operation site to provide warnings in case of a substantial drop in pressure, or the release of any gas, oil, or fire. (6)

Security cameras. (A)

The operator shall at all times after the temporary perimeter fence

is installed have: (i) an adequate number of 24-hour operating security cameras to ensure coverage of the operation site, inside the perimeter fence; and (ii) post on the fencing of the site signs indicating that any activity on the site may be recorded by video surveillance. (B)

Cameras must be maintained in proper operating condition and

must: (i)

capture clear video images of all traffic entering and exiting

the gates; DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 58

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(ii)

capture clear video images of all production equipment

(iii)

be equipped with motion detection technology;

located on the operation site;

(iv) be equipped with panning technology to pan immediately to any motion detected on the operation site; and (v)

show the date and time of all activity on the video footage;

(vi)

be capable of being viewed at a monitoring facility.

and

(C) The operator shall maintain continuous video data for a period of at least 672 hours. Upon request, the operator shall provide to the gas inspector any recorded views of the fenced area. (D) law enforcement officials.

Data from videos may only be requested by the gas inspector or

(q) Signs. All signs must be printed on durable, reflective, waterproof material. Signs must remain legible until the operation site is abandoned and restored pursuant to this Article. (1) Informational sign. The operator shall prominently display a sign on the fence adjacent to the main gate that lists the following: (A)

well names and numbers;

(B)

name of the operator;

(C)

the address of the operation site;

(D)

the emergency 911 number;

(E) the telephone numbers of the two people who may be contacted 24 hours a day in case of an emergency; and (F)

the contact number for the office of the gas inspector.

(2) No smoking signs. The operator shall prominently display signs reading, "Danger, No Smoking Allowed," in both English and Spanish adjacent to all gates and any other locations required by the fire marshal. Sign lettering must be a minimum of four inches in height and be red on a white background or white on a red background.

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(r)

Spacing. (1)

Gas wells. Gas wells must be spaced at least:

CPC recommendation (A)

1,500 feet from any existing fresh-water well;

Task Force recommendation (A) 200 feet from any existing fresh-water well; (B)

25 feet from any property line;

(C)

25 feet from any storage tank or source of ignition;

(D)

75 feet from any right-of-way; and

(E)

100 feet from any structure that is not used for the everyday

operation of the well. (F) Spacing is measured from the center of the well bore at the surface of the ground in a straight line without regard to intervening structures or objects, to the closest point of the use, structure, or feature creating the spacing requirement. (2)

Tanks and tank batteries. (A)

(B)

Tanks and tank batteries must be spaced at least: (i)

100 feet from any combustible structure;

(ii)

25 feet from all right-of-ways and property lines.

The Dallas Fire Code may require additional spacing depending on

the size of the tank. (C) Spacing is measured from the closest point of the structure or equipment, in a straight line, without regard to intervening structures or objects, to the closest point of the use, structure, or feature creating the spacing requirement. (s)

Soil. (1)

In general.

(A) It is unlawful to contaminate any soil above regulatory thresholds, and fail to expeditiously remediate the contaminated soil.

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(B) A licensed third party contractor retained by the city will collect and analyze all pre-drilling and post-drilling soil samples. (C)

The operator is responsible for the cost and fees assessed by the

third party contractor. (2)

Baseline.

(A) Except as otherwise provided in this paragraph, before any drilling activities may occur on an operation site, soil sampling must be conducted by a representative of the city to establish a baseline study of soil conditions on the operation site and property within 2,000 feet of the boundary of the operation site. (B) Soil samples will be collected and analyzed using proper sampling and laboratory protocol set forth by the Environmental Protection Agency or the Texas Commission on Environmental Quality. The results of the analyses will be addressed to the city and a copy of the report provided to the operator and other property owners whose soil was sampled. (C) A minimum of five soil samples will be collected at locations across the operation site with at least two samples at or adjacent to any proposed equipment to be used on the operation site and analyzed in accordance with this subsection. (D) A minimum of five soil samples will be collected at locations across each property located within 2,000 feet of the boundary of the operation site and analyzed in accordance with this subsection. If permission to access private property to conduct the baseline testing is not granted, baseline testing is not required for that property. (E)

The soil sample baseline study analyses will include: (i)

a description of the point samples and GPS coordinates of

(ii)

planned equipment above the sampled area, if applicable;

(iii)

methodology of sample collection;

(iv)

description of field condition;

each location;

(v) summary of laboratory data results compared to the minimum acceptable soil sampling criteria; (vi)

copies of all laboratory data sheets;

(vii)

drawings of sample points; and

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(viii) analysis of the following: TPH, VOCs, SVOCs, Chloride, Barium, Chromium, and Ethylene Glycol. (3)

Post-drilling.

(A) After the drilling of each well, soil samples will be collected across the operation site and analyzed in accordance with this subsection. (B) Additionally, periodic soil sampling may be conducted as determined by the city during inspection events to document soil quality at the operation site. (4) Abandonment. When the operation site is abandoned in accordance with the Texas Railroad Commission requirements and Section 51A-12.205 and after the equipment for that well is removed from the operation site, the operator shall collect soil samples of the abandoned operation site to document that the final conditions are within regulatory requirements. (5) Remediation. If prohibited amounts of a hazardous substance are found at the operation site, the operator shall remediate the location within 30 days. After the operator remediates the operation site, soil sampling must be collected and analyzed at such locations on the operation site as are necessary to determine compliance. (t) Storage and vehicle parking. The only items that may be stored and vehicles that may be parked on the operation site are those that are necessary to the everyday operation of the well and do not constitute a fire hazard. The fire department determines what constitutes a fire hazard. (u) Vector control. The operator must comply with the vector control plan approved as part of the gas well permit and all city ordinances, rules, and regulations regarding mosquito larvae within a fresh water fracturing pond or elsewhere on the operation site. [Operation site. (1) The layout of an operation site must comply with the site plan attached to the gas well permit and the SUP. (2) The operation site must not become dilapidated, unsightly, or unsafe. For example, the site must be kept clear of high grass, brush, weeds, debris, pools of liquids, contaminated soil, trash, and other waste materials. (3) See Sections 51-4.213(19)(E) or 51A-4.203(b)(3.2)(E) for spacing, fencing, and slope requirements. (c) Storage and vehicle parking. The only items that may be stored and vehicles that may be parked on the operation site are those that are necessary to the everyday operation of the

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well and do not constitute a fire hazard. The fire department determines what constitutes a fire hazard. (d) Signs. All signs must be printed on durable, reflective, waterproof material. Signs must remain legible until the operation site is abandoned and restored pursuant to this Article. (1) Informational sign. The operator shall prominently display a sign on the fence adjacent to the main gate that lists the following: (A)

well names and numbers;

(B)

name of the operator;

(C)

the address of the operation site;

(D)

the emergency 911 number; and

(E) the telephone numbers of the two people who may be contacted 24 hours a day in case of an emergency. (2) No smoking signs. The operator shall prominently display signs reading, "Danger, No Smoking Allowed," in both English and Spanish adjacent to all gates and any other locations required by the fire marshal. Sign lettering must be a minimum of four inches in height and be red on a white background or white on a red background. (e)

Environmental safety requirements.

(1) Protection of natural resources. All federal, state, and city rules regarding protection of natural resources must be strictly followed. The operator shall ensure that the ground water is not contaminated by the gas drilling and production operation and any related activities. (2) Depositing materials. The operator shall not deposit any substance (i.e. oil, naphtha, petroleum, asphalt, brine, refuse, wastewater, etc.) into or upon a right-of-way, storm drain, ditch, sewer, sanitary drain, body of water, private property, or public property. (3) Clean-up after spills, leaks, and malfunctions. After any spill, leak, or malfunction, the operator shall remove, to the satisfaction of the fire marshal, the gas inspector, and the office of environmental quality all waste materials from any public or private property affected by the spill, leak, or malfunction. Clean-up operations must begin immediately. If the operator fails to begin cleanup operations, the city may contact the Texas Railroad Commission in order to facilitate the removal of all waste materials from the property affected by the spill, leak, or malfunction. (4) Gasses vented or burned by open flame. The operator shall not vent gases into the atmosphere or burn gases by open flame except as permitted by the Texas Railroad Commission and the fire marshal. If venting or burning of gases is permitted, the vent or open DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 63

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flame must be located at least 300 feet from any structure necessary to the everyday operation of wells. (5) Erosion control practices. Berms that are at least one foot high and two feet wide, or equivalent erosion devices, must be installed to prevent lot-to-lot drainage. Any damages to adjacent properties from sedimentation or erosion must be repaired immediately. (6) Chemical and hazardous materials storage. All chemicals and hazardous materials must be stored in such a manner as to prevent, contain, and facilitate rapid remediation and cleanup of any accidental spill, leak, or discharge of a hazardous material. Operator shall keep all material safety data sheets for hazardous materials on the operation site. Containers must be properly labelled in accordance with federal, state, and local regulations. (7) Flood plain. All gas drilling and production operations must comply with the flood plain regulations in Article V. (f) Right-of-way. For purposes of this paragraph, right- of-way means those rightsof-way located along the truck routes as shown in the operatorâ&#x20AC;&#x2122;s gas well permit application and incorporated by reference in the gas well permit. (1) Periodic inspections. Operator shall periodically inspect the right-of-way to determine if damage has occurred. (2) City notifying operator. If the department of public works determines that the right-of-way has been damaged, the gas inspector shall notify the operator of the damage. (3) Repairs. The operator shall repair the damage to the right-of-way within 10 days after discovering or receiving notice of the damage. Repairs must be in accordance with the current standards of the department of public works. At least two days before making the repairs, the operator shall notify the department of public works of the operatorâ&#x20AC;&#x2122;s intent to begin repairs. The operator shall have all necessary permits before repairing the right-of-way. (4)

City making repairs and invoicing operator.

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Equipment, structures, and operations.

(1) American petroleum institute. All equipment and permanent structures must conform to the standards of the American Petroleum Institute unless other specifications are approved by the fire marshal. (2) Painting. Unless a specific color is required by federal or state regulations, all equipment and structures must be painted with a neutral color approved by the gas inspector. (3) Maintenance. All equipment and structures must be maintained in good repair and with a neat appearance. (4) Removal of rig and equipment. The drilling rig and associated drilling equipment must be removed from the operation site within 30 days after completion. (5)

Tanks.

(A) Gas well operations must use tanks for storing liquid hydrocarbons. Tanks must be portable, closed, and made of steel or fiberglass. If the gas inspector discovers the presence of condensate or liquid hydrocarbons, he may require that tanks have a remote foam line. (B) All tanks must have a vent line, flame and lightning arrestor, pressure-relief valve, and level-control device. The level-control device must automatically activate a valve to close the well to prevent the tank from overflowing. (C) Tanks must have a secondary containment system that is lined with an impervious material. The secondary containment system must be high enough to contain 1 1/2 times the contents of the largest tank in accordance with the Dallas Fire Code. (D) If a closed-loop system is used, drilling mud, cuttings, liquid hydrocarbons, and other waste materials must be discharged into tanks in accordance with the rules of the Texas Railroad Commission and other appropriate local, state, or federal agencies. (6) Mud pits. If the operator uses an open-looped system, the operator shall comply with the following restrictions on mud pits:

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(A) Drilling mud, cuttings, liquid hydrocarbons, and other waste materials must be discharged into mud pits in accordance with the rules of the Texas Railroad Commission and other appropriate local, state, or federal agencies. (B)

Mud pits must have an impervious lining.

Wells.

(A) Each well must have an automated valve that closes the well if there is an abnormal change in operating pressure. All wellheads must also have an emergency shut off valve to the well distribution line. (B) Surface casing must be run and set in full compliance with both the Texas Railroad Commission and the Texas Commission on Environmental Quality. (C) A blowout preventer must be used when wells are being drilled, reworked, or at anytime when tubing is being changed. (8)

Flow lines and gathering lines.

(A) Flow lines and gathering lines may not exceed the maximum allowable operating pressure of the installed pipes. (B) Flow lines and gathering lines must be installed with the minimum cover or backfill specified by the American National Safety Institute Code, as amended. (C) The operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street. (D) (9)

No person may build a structure over a flow line or gathering line.

Engines. (A)

Electric motors or internal combustion engines may be used during

(B)

Only electric motors may be used during production.

drilling.

(C) Internal combustion engines must be equipped with an exhaust muffler or comparable device that suppresses noise and prevents the escape of gases, fumes, ignited carbon, or soot.

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(10) Drip pans and other containment devices. Drip pans or other containment devices must be placed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, and connections, and any other area or structures that could potentially leak, discharge, or spill hazardous liquids, semi-liquids, or solid waste materials. (11) Fire prevention equipment. The operator, at the operator's expense, shall provide fire fighting apparatus and supplies as approved by the fire department and required by federal, state, or local law on the operation site at all times during drilling and production. The operator shall be responsible for the maintenance and upkeep of the fire fighting apparatus and supplies. (h) Electric lines. Electric lines to the operation site must be located in a manner compatible to those already installed in the surrounding area. (i)

Noise.

(1) Conflicts with other regulations. Except as provided in this paragraph, the noise regulations in Section 51A-6.102 apply. (2)

Drilling. Drilling may not produce a sound level greater than 78 dB(a).

(3) Fracturing. Fracturing may not produce a sound level greater than 85 dB(a) or five dB(a) above background noise, which ever is greater. (4) Measurement. The sound level shall be measured by using the sound-level meter readings measured four feet above grade and at a distance of 300 feet from the well. (j)

Glare. The operator shall comply with the glare regulations in Section 51A-6.104.

(k) Dust, vibrations, and odors. To prevent injury or nuisances to persons living and working in the area surrounding the operation site, the operator shall conduct all drilling and production in a manner to minimize dust, vibrations, or odors consistent with the best practices of the industry. The operator shall adopt proven technological improvements in industry standards of drilling and production if capable of reducing dust, vibrations, and odors. If the gas inspector determines that the dust, vibrations, or odors related to the gas drilling and production present a risk of injury or have become a nuisance to persons living and working in the area, the gas inspector shall require the operator to adopt any reasonable methods for reducing the dust, vibrations, and odors. (l)

Explosives. No explosives may be used when conducting a seismic survey.

(m)

Fracturing.

(1) Limited hours for fracturing. Fracturing activity may only occur during daylight hours, except that flowback operations may occur 24 hours per day. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 67

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(2) Personnel. During fracturing, at least one person designated by the operator shall be on the operation site at all times to oversee fracturing activity and monitor safety. (3)

Notice.

(A) If the operation site is located within 600 feet of an occupied residential use, the operator shall post a sign adjacent to the main gate of the operation site advising the public when fracturing will begin and the estimated duration of fracturing. This sign must be posted at least 10 days before fracturing begins. (B) The operator, at his own expense, shall provide written notification of the date that fracturing will begin and the estimated duration of fracturing to each property owner and registered neighborhood association within 600 feet of the operation site, as shown by the current tax roll. The written notification must be sent by United States mail at least 10 days before fracturing begins. (C) At least 15 days before fracturing begins, the operator shall send written notice to the gas inspector of their intent to begin fracturing. The notice must identify the well and estimate the duration of fracturing. (n)

Reworking.

The operator shall pay the reworking fee before they begin reworking the

(3)

If a well is already abandoned, a new gas well permit is required to

well.

rework. (o)

Emergencies.

(1) Compliance with emergency action response plan. In emergencies, the operator shall comply with the most recent emergency action response plan submitted to the gas inspector. (2) Loss of control. If the operator loses control of a well, the operator shall immediately take all necessary steps to regain control regardless of other provisions of this article. If the gas inspector believes that the loss of control creates a danger to persons and property and that the operator is not taking the necessary steps to regain control, the gas inspector may incur expenses for labor and material necessary to regain control. The operator shall reimburse the city for any expenses incurred to regain control. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 68

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(p)

Incident reports.

(1) Immediate report of incident. The operator shall immediately notify the gas inspector and fire marshal of any incident, including blowouts; fires; spills; leaks; explosions; incidents resulting in injury, death, or property damage; or incidents resulting in product loss from a storage tank or pipeline. (2) Written summary of incident. The operator shall give a written summary of the incident to the gas inspector and fire marshal by 5:00 p.m. on the first business day after the incident. (3) Follow-up report. The operator shall give a follow-up report to the gas inspector and fire marshal within 30 days after the incident. The follow-up report must be signed and dated by the operator's representative and must include: (A)

the operator's name and location of the operation site;

(B) the phone number, address, and e-mail address of the person with supervisory authority over the operation site; (C)

a description of the incident, including the time, date, location, and

cause of the event; (D) the duration of the incident (an incident ends when it no longer poses a danger to persons or property); (E) control and remedied; and

an explanation regarding how the incident was brought under

Periodic reports.

(1) The operator shall notify the gas inspector of any changes to the following information within one week after the change occurs: (A)

the name, address, or phone number of the operator;

(B) the name, address, or phone number of the person designated to receive notices from the city; or (C)

the operator's emergency action response plan.

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(2) The operator shall notify the gas inspector within one business day after any changes to the name, address, or 24-hour phone number of the person with supervisory authority over gas drilling or production. (3) The operator shall notify the gas inspector that a well has been completed within 72 hours after completion. (4) The operator shall submit a yearly written report to the gas inspector identifying any changes to the information provided in the gas well permit application not previously reported to the city. (5) The operator shall give the gas inspector a copy of any complaint submitted to the Texas Railroad Commission within 30 days after the operator receives notice of the complaint.]

SEC. 51A-12-205[108].

ABANDONMENT AND RESTORATION.

(a) Abandonment of a well. The operator shall abandon each well after production has ceased on that well. A well is considered abandoned if the Texas Railroad Commission approves the abandonment, and the operator provides the gas inspector with a copy of the Texas Railroad Commission's approval. (b) Abandonment and restoration of the operation site. The operator shall abandon and restore the operation site within 60 days after production has ceased on all wells located on the operation site. An operation site is not considered abandoned until the gas inspector inspects the operation site and approves the abandonment and restoration. The gas inspector shall approve the abandonment and restoration of the operation site if: (1) the operation site is restored to its original condition, as nearly as practicable, in accordance with the surface reclamation plan; (2) all wells located on the operation site are plugged and all well casings are cut and removed to a depth of at least three feet below surface; (3)

all equipment is removed from the operation site;

(4) the operator provides the gas inspector with a copy of the Texas Railroad Commissionâ&#x20AC;&#x2122;s approval of the abandonment for each well located on the operation site; and (5)

the abandonment complies with the Dallas Fire Code.

(6) soil sampling has been conducted in accordance with this division and all required remediation is completed in accordance with state and federal regulations, this article, and all other city ordinances. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 70

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(c)

Development after abandonment.

(1) No building permit may be issued for any construction on or redevelopment of the operation site until the gas inspector approves the abandonment and restoration of the operation site. (2)

No structure may be built over a vertical shaft of an abandoned

well.

Division III. Regulated pipelines.

SEC. 51A-12.301. (a)

PIPELINE PERMIT.

In general.

(1) No person may participate or assist in site preparation, installing, constructing, reconstructing, reworking, modifying, or replacing a regulated pipeline or any section of a regulated pipeline, without first obtaining a regulated pipeline permit issued by the city in accordance with this division. (2) A regulated pipeline permit is required in addition to any permit, license, or agreement required under this article, other city ordinances, or state or federal laws. (3) All technical industry words or phrases used in this section not specifically defined have meanings customarily attributed by prudent operators in the oil and gas regulated pipeline industry. (b) Permit application. A regulated pipeline permit application must be in writing, signed by the pipeline operator, and filed with the gas inspector. The pipeline operator shall provide the following information on a form furnished by the city: (1)

the name, business addresses, and telephone numbers of the pipeline

(2)

the names, titles, and telephone numbers of the person:

operator;

(3)

(A)

signing the application on behalf of the pipeline operator; and

(B)

designated as the principal contact for the submittal;

the person designated as the 24-hour emergency contact;

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(4) the names, mailing addresses, and telephone numbers of at least two primary persons, officers, or contacts available on a 24-hour basis and at least two alternative persons, officers, or contacts to be reached if the primary contacts are unavailable who: (A)

can initiate appropriate actions to respond to an emergency;

(B) have access to information on the location of the closest shutoff valve to any specific point in the city; and (C)

can furnish the common name of the material being carried by the

regulated pipeline. (5)

the origin point and the destination of the proposed pipeline;

(6)

a description of the general location of the proposed regulated pipeline;

(7)

the substance to be transported through the proposed regulated pipeline;

(8)

a copy of the material safety data sheet;

(9) an emergency response plan with procedures that provide for prompt and effective response to emergencies, including: (A)

leaks or releases that can impact public health, safety, or welfare;

(B)

fire or explosions at or in the vicinity of a regulated pipeline or

(C)

natural disasters;

pipeline easement;

(D) effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency; (E) the availability of personnel, equipment, tools, and materials as necessary at the scene of an emergency; (F) measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment; (G)

emergency shut down and pressure reduction of a regulated

(H)

the safe restoration of service following an emergency or incident;

pipeline;

and

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(I) a follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures. (10) engineering plans, drawings, and maps with summarized specifications showing the horizontal location, covering depths, and location of shutoff valves for the proposed subject regulated pipeline. (The location of shutoff valves must be known in order for emergency responders to clear area for access valves.) To the extent the information can be obtained, drawings showing the location of other regulated pipelines and utilities that will be crossed or paralleled within 15 feet of the proposed regulated pipeline; (11) a description of the public safety considerations and avoidance, as far as practicable, of existing protected uses, habitable structures, and congregated areas; (12) easement crossings;

detailed cross section drawings for all public street rights-of-way and

(13)

methods to be used to prevent both internal and external corrosion;

(14)

a binder or certificates of all bonds and insurance as required under this

division; (15) a tree survey measured from the outer edge of any improvements, construction areas, development, equipment, materials, temporary roads, access easements, and built structures, extending 25 feet, without regard to intervening structures or objects; (16) property owners;

a proposed alignment strip map showing name and address of all affected

(17) a site plan showing the location of the regulated pipeline that complies with the city's site plan requirements; and (18)

plans showing the:

(A) dimensions and locations of the regulated pipeline and related items or facilities within the subject right-of-way or easement; (B) all proposed lift stations, pumps, or other service structures related to the regulated pipeline; and (C) location, type, and size of all existing utilities, drainage, rights-ofway, and roadway improvements; and (D) elevation and location of all known public utilities within 15 feet of the centerline of the proposed regulated pipeline. (c)

Review of permit applications.

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(1) The gas inspector shall return incomplete applications to the pipeline operator with a written explanation of the deficiencies. (2) The gas inspector shall determine whether the regulated pipeline permit should be issued, issued with conditions, or denied within 45 days after receiving a complete regulated pipeline permit application. If the gas inspector fails to make this determination within this specified time, the regulated pipeline permit application is deemed denied. (3) The gas inspector must issue a regulated pipeline permit if the application meets the requirement of this division and all other applicable city ordinances, rules, and regulations and state and federal law. (4) If the application does not meet the requirements of this division or other city rules or regulations, the gas inspector shall either deny the application or issue the regulated pipeline application subject to written conditions if compliance with the conditions eliminates the reasons for denial. If the gas inspector denies a regulated pipeline permit application, the gas inspector shall provide the pipeline operator with a written explanation of the reasons for denial with 30 days. (d) Expiration. A regulated pipeline permit shall expire if the regulated pipeline has not been completed and the surface restored within two years. The gas inspector may grant one extension of time not to exceed one year if the gas inspector determines that weather or other unexpected physical conditions justify such an extension. If the regulated pipeline permit expires, and construction of the regulated pipeline is not completed, the pipeline operator shall immediately cease construction and complete any site remediation required by this division or other applicable law, regulation or ordinance. (e)

Revocation or suspension.

(1) If the pipeline operator violates this division or the regulated pipeline permit, the gas inspector shall give written notice to the pipeline operator describing the violation and giving the operator a reasonable time to cure. The time to cure must take into account the nature and extent of the violation, the efforts required to cure, and the potential impact on public health, safety, and welfare. The time to cure may not be less than 30 days unless the violation: (A)

could cause imminent destruction of property or injury to persons;

(B) required by this division.

involves the operator's failure to take a required immediate action

(2) If the operator fails to correct the violation within the specified time, the gas inspector shall suspend or revoke the gas well permit. The gas inspector shall also report any violations to the United States Department of Transportation and Texas Railroad Commission and request that these agencies take appropriate action. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 74

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(3) If a regulated pipeline permit is suspended, no person may engage in any activities permitted under that regulated pipeline permit except for those necessary to remedy the violation. If the violation is remedied, the gas inspector shall reinstate the regulated pipeline permit, and the pipeline operator may resume operations. (4) If a regulated pipeline permit is revoked, the operator shall obtain a new regulated pipeline permit before resuming operations. (5) If the gas inspector denies, suspends, or revokes a regulated pipeline permit, the gas inspector shall send the pipeline operator, by certified mail, return receipt requested, written notice of the decision and the right to appeal. (6) The operator has the right to appeal to the permit and license appeal board in accordance with Article IX of Chapter 2 of the Dallas City Code. An appeal to the permit and license appeal board stays all enforcement proceedings involving the action appealed from unless the gas inspector determines that a stay would cause imminent destruction of property or injury to persons.

SEC. 51A-12.302.

INSURANCE.

(a) Each person must carry public liability insurance with a carrier rated "A" or better by A.M. Best in a minimum amount of $1,000,000.00 for one person and $5,000,000.00 for one accident and property damage insurance in the amount of $10,000,000.00 for one accident, which shall remain in full force and effect and be carried so long as such pipeline is operated. (b) Each pipeline operator shall provide and maintain in full force and effect during the term of its regulated pipeline permit insurance with the following minimum limits: (1) (2) bodily injury by:

Worker's compensation at statutory limits; and Employer's liability insurance with the following minimum limits for

(i)

accident, $1,000,000 per each accident;

(ii)

disease, $1,000,000 per employee; and

(iii)

with a per-policy aggregate of $1,000,000.

(3) Commercial general liability coverage, including blanket contractual liability, products and completed operations, personal injury, bodily injury, broad form property damage, operations hazard, pollution, explosion, collapse and underground hazards for $2,000,000 per occurrence and aggregate policy limit of $2,000,000; and

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(4) Automobile liability insurance (for automobiles used by the pipeline operator in the course of its performance under the pipeline permit, including employer's nonownership and hired auto coverage) for $2,000,000.00 combined single limit per occurrence. (5) Umbrella liability insurance following the form of the primary liability coverage described in Paragraphs (a) through (d) and providing coverage with minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence and $25,000,000 annual aggregate. Increased primary liability limits equivalent to the umbrella liability insurance limits specified will satisfy the umbrella liability insurance requirements. (c)

Performance bond or irrevocable letter of credit.

(A) Before issuance of a regulated pipeline permit, the pipeline operator shall submit to the gas inspector a performance bond or irrevocable letter of credit approved as to form by the city attorney in the amount of $100,000.00. (B) The performance bond is effective upon the issuance of the regulated pipeline permit and must remain in full force and effect until all work under the terms of the regulated pipeline permit has been completed. (C)

The performance bond may be amended to include other permitted

regulated pipelines.

SEC. 51A-12-303.

GENERAL PROVISIONS.

(a) A pipeline operator shall design, construct, repair, and maintain all regulated pipelines in accordance with this division, other city ordinances, rules and regulations, and state and federal laws. (b) All new and relocated regulated pipelines must be located as near as practicable to existing regulated pipelines or other utilities unless the pipeline operator can demonstrate to the gas inspector that the alignment is infeasible. (c) Nothing in this section grants permission to use of any street or other public rights-of-way, utility easements, or city-owned property. To install, construct, maintain, repair, replace, modify, remove, or operate a regulated pipeline on, over, under, along, or across any affected city streets, sidewalks, alleys, or other city property, the pipeline operator shall first obtain an easement or license. (d)

A pipeline operator must:

(1) not interfere with or damage existing utilities, including water, sewer, gas, storm drains, electric lines, or the facilities of public utilities located on, under, or across street or other public rights-of-way; DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 76

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(2)

construct regulated pipeline out of new pipe;

(3) within 30 days after completion of the regulated pipeline, grade, level, and restore the affected property to the same surface condition, as nearly as practicable, as existed before construction activities were first commenced; and (4) backfill all trenches and compact such trenches to 95 percent standard density proctor in eight-inch lifts and construct the regulated pipeline so as to maintain a minimum depth of eight feet below the finished grade except in public rights-of-way, where minimum cover to the top of the pipe shall be at least eight feet below the bottom of any adjacent roadside ditch. No public roads may be crossed by open cut. During the backfill of any regulated pipeline excavations, the pipeline operator shall bury "Buried Pipeline" warning tape one foot above any such regulated pipeline to warn future excavators of the presence of a buried regulated pipeline. The gas inspector may require that sections of proposed regulated pipeline be constructed at deeper depths based upon future city infrastructure needs. The gas inspector may also require that a proposed or existing regulated pipeline be relocated if it conflict with the proposed alignment and depth of a gravity dependent utility; and (5)

equip all regulated pipelines with:

(A) an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak; or (B) provide 24-hour pressure monitoring of the regulated pipeline system. Monitoring systems must provide immediate notice of any leak to the city's emergency response providers. (e) When the required pipeline records are submitted to the Texas Railroad Commission, the pipeline operator shall provide the gas inspector the following information: (1) Global positioning system (GPS) information sufficient to locate the regulated pipelines, including the beginning and end points; sufficient points in between the regulated pipeline route; and the depth of cover information. This information must be submitted to the gas inspector in a format compatible with the city's own GIS system. (2) As-built or record drawings of the regulated pipelines. Accuracy of the record drawings must meet a survey level of one foot to 50,000 feet. The scale of the record drawings must be a minimum of one inch to 40 feet. The drawings must be provided in a DFF digital file format with the location tied to at least one nearby GPS city monument. If the new regulated pipeline length exceeds 1,000 feet within the city, the regulated pipeline must be tied to at least two GPS city monuments. (3)

The origin point and the destination of the regulated pipeline;

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(4) Engineering plans, drawings, and maps with summarized specifications showing the horizontal location, covering depths, and location of shutoff valves of the subject regulated pipeline. The drawings must show the location of other regulated pipelines and utilities that are crossed or paralleled within 15 feet of the regulated pipeline right-of-way; (5) Detailed cross-section drawings for all public rights-of-ways and easement crossings on city property as permitted by the city; and (6) A list of the names and mailing addresses of all the residents, property owners, and tenants adjacent to the regulated pipeline construction. (f) Changes in any of the contact information required as part of the regulated pipeline permit application must be provided to the gas inspector and the fire marshal before the contact information is changed.

SEC. 51A-12.304.

EMERGENCY REPORTING.

RESPONSE

PLAN

AND

INCIDENT

(a) The pipeline operator shall maintain and update the emergency response plan to minimize hazards from an emergency. (b) The pipeline operator shall meet annually with the gas inspector and fire marshal to review the emergency response plan. (c)

At the annual review meeting, (1)

the pipeline operator shall: (A)

provide or update a copy of the emergency response plan;

(B) review the responsibilities of each governmental organization in response to an emergency or incident; (C) emergency or incident;

review the capabilities of the pipeline operator to respond to an

(D) identify the types of emergencies or incidents that will result in or require contacting the city; and (E) plan mutual activities that the city and the pipeline operator can engage in to minimize risks associated with pipeline operation; and (2) the city shall provide the pipeline operator with a list of additional contacts that must be made if a pipeline emergency or incident occurs. The city will inform the pipeline operator of the emergency response groups that will be contacted through 911. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 78

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(d) Upon discovering a pipeline emergency or incident, any affected pipeline operator shall, as soon as practical, communicate to the cityâ&#x20AC;&#x2122;s 911 system the following information: (1)

a general description of the emergency or incident;

(2)

the location of the emergency or incident;

(3)

the name and telephone number of the person reporting the emergency or

(4)

the name of the pipeline operator;

incident;

(5) whether any hazardous material is involved and identification of the hazardous material so involved; and (6) any other information as requested by the emergency dispatcher or other such official at the time of reporting the emergency or incident. (e) Each pipeline operator shall equip and maintain a regulated pipeline containing natural gas with hydrogen sulfide in concentrations of more than 100 parts per 1,000,000,000 with an audible alarm system that will provide notice to the general public in the event of a leak. The audible alarm system must be of a type and design approved by the city. (f) A pipeline operator shall report to the gas inspector all incidents involving well safety or integrity that are not a regulated pipeline emergency by completing an incident report on a form furnished by the city. Incident reports must be filed by the pipeline operator within 24 hours of discovering the incident.

SEC. 51A-12.305.

MARKERS.

(a) The pipeline operator is responsible for maintaining markers in accordance with this section and state and federal laws. (b) The location of all new or replacement pipe and regulated pipeline must be marked by the pipeline operator or the person installing or operating the regulated pipelines as follows: (1) Marker signs must be placed at all locations where pipe or regulated pipelines cross property boundary lines and at each side of a public right-of-way or private street that the pipe or regulated pipeline crosses. (2) The top of all marker signs must be a minimum of four feet above ground level; the support post must be sufficient to support the marker sign; and the markers must be painted yellow or another color approved by the director of the department of transportation. DCA 123-003 (Amend Gas Drilling and Production Regulations) â&#x20AC;&#x201C; Page 79

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(3) All marker signs must be a minimum of 12 inches square and must be marked as â&#x20AC;&#x153;gas pipe line." (4) All marker signs must contain the name of the pipeline operator and a 24hour local contact number. (5) Regulated pipelines must be marked along their entire length with a buried metal wire and metallic flag tape. (6)

All signs must also contain an 811 designation "Call Before You Dig"

statement. (7) The pipeline operator shall annually replace signage that has been lost, damaged or removed.

SEC. 51A-12.306.

ONE-CALL SYSTEM.

(a) A pipeline operator shall be a member in good standing with the one-call system or other approved excavation monitoring system as required by state law. (b) A pipeline operator shall contract for service with the selected underground utility coordinating system for a minimum of five years unless there is an agreement between the pipeline operator and the city to change to an alternate system. The pipeline operator shall maintain the contract for services without interruption for the life of the regulated pipeline permit.

SEC. 51A-12.307.

PIPELINE INFORMATION REQUIREMENTS.

REPORTING

(a) The pipeline operator must file with the gas inspector an annual verified report in letter form on or before June 30 of each year to cover the reporting period of June 1 through May 31. The annual report must include the following information: (1) A statement that the regulated pipeline has no outstanding safety violations as determined in an inspection or audit by either the Texas Railroad Commission or the United States Department of Transportation. (2) If any safety violations, as determined by the Railroad Commission or the United States Department of Transportation, have not been corrected, the violations must be reported and an action plan to correct the safety violations must be provided. The action plan must include a timeline for corrective action and the individual or firm responsible for each action.

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(3) If the pipeline operator has no reporting responsibility to the Texas Railroad Commission or the United States Department of Transportation and is otherwise exempt from the safety regulations of either agency, the following documents pertaining to the preceding reporting period of June 1 through May 31: (A)

copies of internal reports of responses to pipeline emergencies;

(B)

current operations and maintenance logs; and

(C)

current emergency action plan.

(4) Evidence that the pipeline operator has current liability insurance in accordance with this division. (5) A statement that the regulated pipeline information provided is correct. If the information provided is no longer correct, updated or corrected information. (b) A log of all the maintenance and monitoring activities conducted on all pipelines subject to this division for the reporting period must be made available upon request by the gas inspector. (c) The pipeline operator shall file a copy of all initial or follow-up reports provided to the Texas Railroad Commission and the United States Department of Transportation on unsafe pipeline conditions, pipeline emergencies, or pipeline incidents with the gas inspector. The pipeline operator shall file with the gas inspector any initial or follow-up reports filed with state and federal regulatory agencies regarding pipeline releases concurrently with the city.

SEC. 51A-12.308.

PUBLIC EDUCATION.

All pipeline operators must annually provide affected landowners, public officials, and emergency providers with appropriate public awareness information in accordance with 49 CFR 192.616 and 195.440, as amended.

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SEC. 51A-12.309.

REPAIRS AND MAINTENANCE.

(a) All repairs and maintenance of pipelines must be performed in accordance with the United States Department of Transportation and Texas Railroad Commission mechanical integrity requirements. (b) A pipeline operator shall protect, maintain in a state of good repair and condition, and regularly paint all pipeline risers and appurtenances related to pipeline construction and operations that are composed of materials generally protected or painted. (c) If non-emergency repairs require excavation of a regulated pipeline, the pipeline operator shall provide written notice to the residents, property owners, and tenants within 500 feet, measured from the centerline of the pipeline to be excavated, at least five days before beginning the repairs. (d) If above-ground non-emergency repairs that are not routine maintenance are required, the pipeline operator shall provide written notice to the residents, property owners, and tenants within 500 feet, measured from the centerline of the pipeline section to be repaired, at least five days before beginning the repairs. (e)

Written notice must be:

(1) sent by United States mail, postage prepaid, at least five days before beginning any non-emergency repair; or (2)

hand-delivery at least three days before beginning the non-emergency

repairs.

SEC. 51A-12.310.

NO ASSUMPTION OF RESPONSIBILITY BY CITY.

Nothing in this division shall be construed as an assumption by the city of any responsibility of a pipeline operator of a pipeline not owned by the city, and no city officer, employee, or agent has the authority to relieve a pipeline operator of their responsibility under this division or by any other law, ordinance, rule, or regulation.

SEC. 51A-12.311.

ABANDONED PIPELINES.

(a) All regulated pipelines must be maintained in an active condition unless abandoned in accordance with state and federal regulations. (b) If a pipeline is idle or inactive, within 60 days after the pipeline becomes idle or inactive, the pipeline must be purged and plugged.

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(c) The pipeline operator shall notify the gas inspector in writing within 30 days after a pipeline is abandoned. Within 60 days after abandonment, the regulated pipeline must be purged and plugged. (d) To reactivate an abandoned pipeline, the pipeline operator shall apply for a new regulated pipeline permit in accordance with this division. (e) A reactivated regulated pipeline must be pressure tested for integrity and compliance with the Railroad Commission or the United States Department of Transportation. A regulated gas permit application to reactivate an abandoned pipeline must include the results of the pressure testing.

Division IV. Violations.

SEC. 51A-12.401[109]. (a)

VIOLATIONS.

A person is criminally responsible for a violation of this article if the person: (1)

refuses the gas inspector access to an operation site or pipeline site;

(2)

fails to comply with a gas inspector's orders; [or]

(3) knowingly makes a misrepresentation of any information required to be reported in accordance with this article; or (4)

fails to comply with any provision of this article.

(b) A person who knowingly violates any provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is continued. Each offense is punishable by a fine of $2,000. This fine shall be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. See Section 51A-1.103 for additional provisions on enforcement.” SECTION 6. That adjustments will be made to the section references in this ordinance for codification purposes only. A Dallas Development Code section reference containing the symbol “[A],” for example, “Section 51[A]-1.105,” means that the letter “A” will appear in the Chapter 51A version only, and will not appear in the Chapter 51 version.

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SECTION 7. That the director of sustainable development and construction shall revise the use charts to reflect the change in use regulations made by this ordinance, and shall provide these charts for publication in the Dallas Development Code. SECTION 8. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 9. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 10. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended. SECTION 11. 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: WARREN M.S. ERNST, City Attorney

By__________________________________ Assistant City Attorney

Passed______________________________

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AGENDA ITEM # 97 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

59 B ________________________________________________________________

SUBJECT A public hearing to receive comments concerning the application with The Texas Department of Housing and Community Development (TDHCA) for 4% tax credits in the approximate amount of $13,360,843 with tax-exempt bonds in the approximate amount of $23 Million to be issued by The City of Dallas Housing Finance Corporation (DHFC) with a total project cost of approximately $35,393,837 for the proposed Bruton Apartment Development, consisting of approximately 266 new multi-family units to be located at 9415 Bruton Road, including the acquisition of approximately 9.2 acres and at the close of the public hearing, authorize: (1) DHFC to issue the tax exempt bonds in an amount not to exceed $23 Million to Bruton Apartments, Ltd., an entity created by the NRP Group, LLC, in tax-exempt Multi-family Housing Mortgage Revenue Bonds Series, to finance the land acquisition and new construction of approximately 266 units for families; (2) a resolution to support the TDHCA’s award of the 4% tax credits for the new construction of the Bruton Apartments located at 9415 Bruton Road, Dallas, Texas by conducting a Public Hearing pursuant to Texas Government Code, §2306.67071(a) and 10 TAC §10.204(4)(A), Texas Government Code, §2306.67071(b) and 10 TAC§10.204(4)(B) and pursuant to §11.3 (2)(A-G) of the 2013 Qualified Allocation Plan (QAP) regarding Housing Deconcentration Factors; and (3) the DHFC to be the General Partner to share in the cash flow to be used for mixed income developments, own the ground/dirt and for the project to be exempt from ad valorem taxes – Financing: This action has no cost consideration to the City BACKGROUND The NRP Group, LLC (“NRP”) submitted a pre-application for tax-exempt bond financing, support of their 4% tax credit application on July 22, 2013 which included a proposal for the DHFC, and/or its newly created entity owned and controlled by the DHFC, to become the General Partner and to share in the Developer fee and cash flow profits to be used for mixed income developments as part of DHFC's public purposes from the project without providing any guaranties.

BACKGROUND (Continued) On November 12, 2013, the approval for the public hearing was granted and the pre-application waiver was authorized for NRP to file an application with the Texas Department of Housing and Community Affairs, (“TDHCA”) for 4% Housing Tax Credits (“LIHTC”) for the Bruton Road Apartments. Under the TDHCA rules in the 2013 Qualified Allocation Plan and Rules (QAP), if the development is located in a municipality that has more than twice the state average of units per capita supported by LIHTC or private activity bonds and 30% of the households in the Census Tract were financed with tax-exempt bonds or tax credits, the applicant must obtain prior approval of the development from the governing body of the municipality pursuant to Section 11.3 (A-G) of the Qualified Allocation Plan for 2013. Please note that the number of units changed from 282 to approximately 266 due to a flood plain mitigation. Beginning September 1, 2013, funding for projects in the City of Dallas will be required to have a pre-approval resolution from the governing body of the City of Dallas, that includes a written statement of support from the governing body and confirmation that adequate notifications have been received and that a hearing was held to allow citizens to ask questions, make comments and to receive sufficient answers to their questions referencing the state rule, Senate Bill 3361, and authorizing the application to be submitted to TDHCA for an allocation of Housing Tax Credits for the development. This resolution calls for a Public Hearing to be held on December 11, 2013 pursuant to State of Texas H.B. 3361 effective September 1, 2013. In addition, the City Council must vote to allow construction of the proposed new development, if the proposed new development is located within one linear mile or less from a project that has received housing tax credits or tax exempt bond financing within the preceding three year period. The Bruton Road Apartments are located within one mile of the Crestshire Village Apartments, 74 units for families that received a 9% tax credit allocation in 2009 which is more than three years, therefore, the approval is not required. Census data regarding the twice the State average rule Texas Government Code (TGC) Section §2306.6703(a)(4), the one mile three year rule and the 30% of the tax credits by census tracts rule, can change at any time, so in order to avoid not having the waiver when it is needed and be subject to a deficiency that results in a termination, it is customary for the DHFC to request all waivers pursuant to the QAP §11.3 (2)(A-G) Housing Deconcentration Factors. The Bruton Apartment project is a proposed multi-family community comprised of approximately 266 multi-family units that will be financed in an amount not to exceed $23 Million in Private Activity Bond, approximately $13,360,843 in 4% tax credits. The total estimated project cost is $35,393,837. The project owner will be a limited partnership formed for the sole purpose of developing, owning and operating the project for long-term use as low-income housing. The DHFC and/or an entity created and controlled by the DHFC is the proposed General Partner with a .01% ownership interest in the limited partnership.

Agenda Date 12/11/2013 - page 2

BACKGROUND (Continued) The NRP, Bruton Apartments SLP, LLC will have a .01% with the limited partners owning the remaining 99.98% of the improvements. Because the project is located within the City of Dallas, Section 147 (f) of the Internal Revenue Code requires that in order for the bonds to be tax exempt, the City Council or the applicable elected representative of the City of Dallas, must approve the issuance of the bonds by the DHFC after a public hearing. The DHFC held the public hearing in compliance with the Tax, Equity and Financial Responsibility Act (TEFRA) on December 5, 2013, after the advertisement was placed in the Dallas Morning News on November 20, 2013. The City of Dallas will not be asked to issue the bonds. The bonds will not be a debt or liability of the City. The City’s name will not appear on the bonds. The approval that will be requested is only for the purpose of complying with federal law and with regard to tax-exempt debt. The development plan proposes to offer 252 (95%) of the units to tenants whose incomes are no more than 60% of Area Median Family Income (AMFI) and 14 (5%) of the units to tenants whose incomes are no more than 50% of the Area Median Family Income (AMFI). The project will provide 6 one-bedroom units, 131 two-bedroom units, and 129 three-bedroom. This approval is subject to either: (1) the Project Owner expending a minimum of $40,000 in social services annually ($200 per unit per year), whichever is greater, for and at no cost to the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion and in-kind social services may count toward meeting 100% of the social service requirements; or (2) the implementation of TDHCA’s tenant services requirement, contained in the 2011 Qualified Allocation Plan, for tax-exempt bonds with 4% tax credit projects which requires a provision of supportive services. No fees may be charged to the tenants for any of the services. Services must be provided on-site or transportation to off-site services must be provided. The provision of these services will be included in the Land Use Restriction Agreement (LURA). Acceptable social services include those described in TDHCA’s Definitions and Amenities for Housing Program Services. Approval of this pre-application waiver will enable the Applicant to apply to the DHFC in accordance with the proposal described herein which includes the development of the Bruton Apartments, approximately 266 new multi-family units for low to moderate income families. In addition, it allows the DHFC to receive fee income significantly in excess of current City tax assessment fees of $3,335 for the land and allows Fees to be used to support GAP financing for mixed income housing. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 22, 2012, NRP submitted the pre-application waiver questionnaire with attachments and it previously submitted the $500 waiver fee payable to the Dallas Housing Finance Corporation.

Agenda Date 12/11/2013 - page 3

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) On October 21, 2013, the Housing Committee was briefed on the Bruton Apartments development proposal. On November 12, 2013, City Council authorized the Public Hearing on the Bruton Apartments to be held on December 11, 2013, and at the close of the public hearing, the consideration to authorize the final approval of the proposal including the tax exempt bonds to be issued by the DHFC in the amount of $23 Million, the 4% tax credits in the approximate amount of $13,360,843, the DHFC to be the General Partner to share in the cash flow to be used for mixed income developments, own the ground/dirt and for the project to be exempt from ad valorem taxes; the fulfillment of all of the requirements of H.B. 3361 including the language in the resolution contained herein stating that there was no objection to the proposed financing and ownership of the project. FISCAL INFORMATION No cost consideration to the City OWNER NRP Group Dan Markson Debra Guerra Jay Johnson Jason Arechega Proposed General Partner Entity created and controlled by the Dallas Housing Finance Corporation MAP Attached.

Agenda Date 12/11/2013 - page 4

Bruton Road Apartments

COUNCIL CHAMBER

December 11, 2013 WHEREAS, on April 25, 1984, the City of Dallas (City) authorized the creation of the Dallas Housing Finance Corporation (DHFC) as a Texas non-profit corporation, pursuant to the Texas Housing Finance Corporation Act, Chapter 394, Local Government Code, V.T.C.A., as amended (the Act), to act on behalf of the City in carrying out the public purpose of the Act; and WHEREAS, the DHFC is authorized by the Act to issue its revenue bonds on behalf of the City for the purpose of providing funding for the housing development for persons of low and moderate income to be located in the City; and WHEREAS, pursuant to Resolution No. 06-0136, City Council decided for a 12 month period beginning on January 11, 2006 not to approve any new tax credit transactions unless a pre-application waiver is granted by the City Council; and WHEREAS, pursuant to Resolution No. 07-0733, Section 1.2 of the Bylaws was amended to allow the DHFC to purchase, lease, own, hold title to, or otherwise acquire an interest in a residential development, directly or indirectly through a subsidiary of the DHFC, provided that the City Council, by resolution, prior to the transaction being consummated by the DHFC, (1) finds and determines that such transaction should be undertaken, (2) approves the form of the transaction and (3) authorizes such purchase, lease, or ownership of, holding title to, or acquisition of the interest in the residential development; and WHEREAS, on July 22, 2013, The NRP Group, LLC (“NRP”) submitted its pre-application waiver for NRP to apply to the Dallas Housing Finance Corporation for; (1) the issuance of tax-exempt bonds by the Dallas Housing Finance Corporation in an amount not to exceed $23 Million in Multi-family Housing Mortgage Revenue Bonds Series to finance the new construction of approximately 266 units of multi-family rental housing for families, (2) a resolution in support of the Texas Department of Housing and Community Affairs award of 4% Housing Tax Credits in the approximate amount of $13,360,843 for the new construction of the Bruton Road Apartments to be located at 9415 Bruton Road, Dallas, Texas by providing appropriate waivers pursuant to §11.3 (2)(A-G) of the TDHCA’s Qualified Allocation Plan and State of Texas H.B. 3361 which requires that (i) Notice has been provided to the Governing Body in accordance with Texas Government Code, §2306.67071(a) and 10 TAC §10.204(4)(A); (ii) The Governing Body has had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; (iii) The Governing Body has held a hearing at which public comment may be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b) and 10 TAC§10.204(4)(B); and (iv) After due consideration of the information provided by the Applicant and public comment, the Governing Body does not object to the proposed Application; and (3) for the DHFC created entity to be the General Partner to share in the cash flow, own the ground/dirt and for the project to be exempt from ad valorem taxes; and

COUNCIL CHAMBER

December 11, 2013 WHEREAS, on October 8, 2013, the DHFC authorized the NRP proposal to be considered by City Council to grant the waiver to allow NRP to submit its formal application to the DHFC for the proposal described herein and to authorize a public hearing to be held on December 11, 2013 to fulfill the pre-application requirements contained in H.B. 3361 effective September 1, 2013; and WHEREAS, on November 12, 2013, the City Council authorized the Public Hearing on the Bruton Apartments to be held on December 11, 2013, and at the close of the public hearing, the consideration to authorize the final approval of the proposal including the tax exempt bonds to be issued by the DHFC in the amount of $23 Million, the 4% tax credits in the approximate amount of $13,360,843, the DHFC to be the General Partner to share in the cash flow to be used for mixed income developments as part of DHFC's public purposes, own the ground/dirt and for the project to be exempt from ad valorem taxes; the fulfillment of all of the requirements of H.B. 3361 including the language in the resolution contained herein stating that there was no objection to the proposed financing and ownership of the project; and WHEREAS, the DHFC held the Tax Equity and Fiscal Responsibility (TEFRA) Hearing on December 5, 2013, prior to returning to City Council for its consideration of the application and the public hearing on December 11, 2013, and requests among other things, that the City Manager or the Mayor as the highest elected officials of the City of Dallas shall approve the issuance of the Bonds on behalf of the City of Dallas; and WHEREAS, NRP submitted an application to the Texas Department of Housing and Community Affairs for a 4% housing tax credit after it received an inducement from the DHFC and a subsequent Bond Reservation from the Texas Bond Review Board; and WHEREAS, as a condition for being considered for the award of the 4% housing tax credits, the Applicant has committed to renting 95% or (252) of the units to tenants whose household incomes are capped at 60% or below the Area Median Family Income (AMFI) at affordable rents and 5% or (14) of the units to tenants whose household incomes capped are at 50% or below the Area Median Family Income (AMFI) with rents affordable to tenants whose household incomes are 50% or below the AMFI in compliance with the maximum Low Income Housing Tax Credit rents as published by the Texas Department of Housing and Community Affairs; and

COUNCIL CHAMBER

December 11, 2013 WHEREAS, the owner of the project will chose to either; (1) expend a minimum of $40,000 in social services annually ($200 per unit per year), whichever is greater, for and at no cost to the residents of the development, based on a survey of residents needs to include some or all of the following: tutoring and after-school programs; health screenings, family counseling/domestic crisis intervention, computer education, emergency assistance, vocational guidance, adult education programs (such as ESL, life skills, nutrition classes, etc.) and social services and recreational activities, to be implemented within three months of project completion and in-kind social services may count toward meeting 100% of the social service requirements or (2) implement the TDHCA’s tenant services requirement, contained in the 2011 Qualified Allocation Plan, for tax-exempt bonds and 4% tax credit projects which requires the provision of supportive services. No fees may be charged to the tenants for any of the services. Services must be provided on-site or transportation to off-site services must be provided. The provision of these services will be included in the LURA. Acceptable services include those described in the Definitions and Amenities for Housing Program Activities; and WHEREAS, in the Qualified Allocation Plan, Sec. 11.3 (A-G) Housing Deconcentration factors (b) Twice the State Average Per Capita. (§2306.6703(a)(4)) If the Development is located in a municipality, or if located completely outside a municipality, a county, that has more than twice the state average of units per capita supported by Housing Tax Credits or private activity bonds at the time the Application Round begins (or for Tax– Exempt Bond Developments at the time the Certificate of Reservation is issued by the Texas Bond Review Board), the Applicant must obtain prior approval of the Development from the City of Dallas, Governing Body of the appropriate municipality or county containing the Development. Such approval must include a resolution adopted by the Governing Body of the municipality or county, as applicable, setting forth a written statement of support, referencing Texas Government Code, §2306.6703(a)(4), and authorizing an allocation of Housing Tax Credits for the Development; and the City of Dallas by vote has specifically allowed the construction of the new Development and submits to the Department a resolution referencing this rule; and WHEREAS, to satisfy H.B. 3361, the City held a public hearing and approves this resolution that certifies that: (i) Notice has been provided to the City of Dallas in accordance with Texas Government Code, §2306.67071(a) and 10 TAC §10.204(4)(A); (ii) The City of Dallas has had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; (iii) The City of Dallas held this hearing at which public comment could be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b) and 10 TAC§10.204(4)(B); and (iv) After due consideration of the information provided by the Applicant and public comment, the City of Dallas does not object to the proposed Application; and

COUNCIL CHAMBER

December 11, 2013 WHEREAS, on October 21, 2013, the Housing Committee was briefed on the Bruton Road Apartment proposal; and subject to certain conditions being met, it is deemed necessary and advisable that this resolution be adopted to approve the application and take all actions necessary to carry out the transaction and hold the public hearing pursuant to State of Texas H.B. 3361. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City of Dallas authorizes the City of Dallas Housing Finance Corporation (DHFC) to issue the tax-exempt bonds in the approximate amount of $23 Million in accordance with the proposal for the development of the Bruton Apartments located at 9415 Bruton Road, including the acquisition of approximately 1.2 acres, 266 multi-family new construction housing units for families comprised of 6 one-bedroom units, 131 two-bedroom units and 129 three-bedroom units and the DHFC to become the General Partner to share in the cash flow to be used for mixed income developments as part of DHFC's public purposes, to own the ground/dirt and for the project to be exempt from ad valorem taxes. Section 2. That after the public hearing; (1) the City of Dallas authorized the final approval of the Bruton Road Apartments, Ltd., an entity created by NRP, application to the DHFC for the issuance of tax-exempt bonds by the DHFC in an amount not to exceed $23 Million in tax-exempt Multi-family Housing Mortgage Revenue Bonds Series and its support of the application for 4% housing tax credits in the approximate amount of $13,360,843 pursuant to §11.3 (2)(A-G) Deconcentration Factors contained in TDHCA’s Qualified Allocation Plan and (2) Certifies that the requirements of H.B. 3361 have been satisfied because (i) Notice has been provided to the City of Dallas in accordance with Texas Government Code, §2306.67071(a) and 10 TAC §10.204(4)(A); (ii) The City of Dallas had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; (iii) The City of Dallas held a hearing at which public comment could be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b) and 10 TAC§10.204(4)(B); and (iv) After due consideration of the information provided by the Applicant and public comment, the City of Dallas does not object to the proposed Application that must be submitted no later than the Resolutions Delivery Date pursuant to §10.4 which is 14 days prior to the Board Meeting when TDHCA will consider the applicants proposal.

COUNCIL CHAMBER

December 11, 2013 Section 3. That final approval of the project includes the requirement that the owner of the project chose to either; (1) expend a minimum of $40,000 in social services annually ($200 per unit per year), whichever is greater, for and at no cost to the residents of the development, based on a survey of residents needs to include some or all of the following: tutoring and after-school programs; health screenings, family counseling/domestic crisis intervention, computer education, emergency assistance, vocational guidance, adult education programs (such as ESL, life skills, nutrition classes, etc.) and social services and recreational activities, to be implemented within three months of project completion and in-kind social services may count toward meeting 100% of the social service requirements or (2) implement the TDHCA’s tenant services requirement, contained in the 2011 Qualified Allocation Plan, for tax-exempt bonds and 4% tax credit projects which requires the provision of supportive services. No fees may be charged to the tenants for any of the services. Services must be provided on-site or transportation to off-site services must be provided. The provision of these services will be included in the Land Use Restriction Agreement (LURA). Acceptable services include those described in Definitions and Amenities for Housing Program Services. Section 4. That all of the requirements contained in H.B. 3361 regarding Notification, Hearing and Resolution from the governing body of the Municipality have been satisfied with this resolution dated December 11, 2013, and that the opportunity for the public to ask questions and be provided answers at a public hearing by the City of Dallas held on December 11, 2013, after 30 days comment period from date of call of public hearing pursuant to City’s Citizens Participation Plan; and after proper notice was placed in the Dallas Morning News on November 20, 2013. Section 5. The DHFC processed the application and the necessary Tax Equity and Fiscal Responsibility (TEFRA) Hearing pursuant to Section 147 (f) of the Internal Revenue Code, after proper notice was placed in the DMN on November 20, 2013, was held on December 5, 2013, prior to returning to the City Council for its consideration of the application and to hold the public hearing on December 11, 2013 and request among other things, that the City Manager or the Mayor as the highest elected officials of the City of Dallas shall approve the issuance of the Bonds on behalf of the City of Dallas. Section 6. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas’ Office of Sustainable Development and Construction with regard to security related design standards. 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.

AGENDA ITEM # 98 KEY FOCUS AREA:

Economic Vibrancy

AGENDA DATE:

December 11, 2013

COUNCIL DISTRICT(S):

DEPARTMENT:

Office of Economic Development

CMO:

Ryan S. Evans, 671-9837

MAPSCO:

63 U ________________________________________________________________

SUBJECT A public hearing to receive comments concerning the application with The Texas Department of Housing and Community Development (TDHCA) for 4% tax credits in the approximate amount of $7,009,620 with tax-exempt bonds in the approximate amount of $13.5 Million to be issued by the City of Dallas Housing Finance Corporation (DHFC) with a total project cost of approximately $22.5 Million to rehabilitate The Park at Cliff Creek Apartments, an existing 280 unit rental development, including the acquisition of approximately 11.7 acres located at 7300 Marvin D. Love Freeway, and at the close of the public hearing, authorize; (1) the City of Dallas Housing Finance Corporation to issue the tax-exempt bonds in an amount not to exceed $13.5 Million to Riverside CCF/CB Partners, LP, an entity created by the Cesar Chavez Foundation (CCF), in tax-exempt Multi-family Housing Mortgage Revenue Bonds Series, to finance the acquisition and rehabilitation of 280 units of multi-family rental housing for families; (2) by this resolution its support of the TDHCA’s award of 4% Housing Tax Credits for the rehabilitation of The Park at Cliff Creek Apartments located at 7300 Marvin D. Love Freeway, Dallas, Texas by conducting a Public Hearing pursuant to Texas Government Code, §2306.67071(a) and 10 TAC §10.204(4)(A), Texas Government Code, §2306.67071(b) and 10 TAC§10.204(4)(B) and pursuant to §11.3 (A-G) of the 2013 Qualified Allocation Plan regarding the Housing Deconcentration Factors; and (3) the DHFC to be the General Partner to share in the cash flow to be used for mixed income developments, own the ground/dirt and for the project to be exempt from ad valorem taxes - Financing: This action has no cost consideration to the City BACKGROUND CCF submitted a pre-application for tax-exempt bond financing and support of their 4% tax credit application on September 6, 2013 which included a proposal for the Dallas Housing Finance Corporation (“DHFC”), and/or its newly created entity owned and controlled by the DHFC, to become the General Partner and to share in the Developer fee and cash flow profits to be used for mixed income developments as part of the DHFC's public purpose, derived from the project without providing any guaranties.

BACKGROUND (Continued) On November 12, 2013, the approval for the public hearing was granted and the pre-application waiver was authorized for Riverside CCF/CB Partners, LP, created by the Cesar Chavez Foundation, to file an application with TDHCA for 4% Housing Tax Credits (LIHTC) for the Park at Cliff Creek Apartments. Under the TDHCA rules in the Qualified Allocation Plan and Rules (QAP), if the development is located in a municipality that has more than twice the state average of units per capita supported by LIHTC or private activity bonds and 30% of the households in the Census Tract were financed with tax-exempt bonds or tax credits, the applicant must obtain prior approval of the development from the governing body of the municipality pursuant to Section 11.3 (A-G) of TDHCA’s 2013 Qualified Allocation Plan. Beginning September 1, 2013, funding for projects in the City of Dallas will be required to have a pre-approval resolution from the governing body of the City of Dallas, that includes a written statement of support from the governing body and confirmation that adequate notifications have been received and that a hearing was held to allow citizens to ask questions, make comments and to receive sufficient answers to their questions referencing the state rule, Senate Bill 3361, and authorizing the application to be submitted to TDHCA for an allocation of LIHTC for the development. The One Mile/Three year rule waiver is not applicable to this project because it only applies to new construction projects. The census data regarding the twice the State average rule and the 30% of the tax credits by census tracts rule, can change at any time, so in order to avoid not having the waiver when it is needed and be subject to a deficiency that results in a termination, it is customary for the DHFC to request all waivers pursuant to §11.3 (A-G) Deconcentration Factors contained in TDHCA’s 2013 QAP. The Park at Cliff Creek Apartment is a proposed rehabilitation of an existing multi-family community comprised of 280 multi-family units that will be financed through approximately $13.5 Million in Private Activity Bonds and approximately $7,009,620 in four percent tax credits. The total estimated project cost is $22,540,420. The project owner will be a limited partnership formed for the sole purpose of developing, owning and operating the project for long-term use as low-income housing. Limited Partner equity provider will have 99.97% ownership. A governmental entity created by the DHFC with the DHFC as the Sole member will become the General Partner with .01% ownership. The Equity Investor Affiliate will have a 01% ownership and Special Ltd. Partner/Co/Developer will have a .01% ownership. “SLP”/Guarantor will be Riverside CCF/CB Partners, LP, created by Cesar Chavez Foundation and proposes to receive a percentage of the developer fee.

Agenda Date 12/11/2013 - page 2

BACKGROUND (Continued) Because the project is located within the city of Dallas, Section 147 (f) of the Internal Revenue Code requires that in order for the bonds to be tax exempt, the City Council or the applicable elected representative of the City of Dallas, must approve the issuance of the bonds by the DHFC after a public hearing. The DHFC held a public hearing on December 6, 2013 in compliance with the Tax, Equity and Financial Responsibility Act (“TEFRA”) Hearing. The City of Dallas will not be asked to issue the bonds. The bonds will not be a debt or liability of the City. The City’s name will not appear on the bonds. The approval that will be requested is only for the purpose of complying with federal law and with regard to tax-exempt debt. In addition, the City of Dallas will call a Public Hearing on December 11, 2013 to fulfill the hearing requirement pursuant to State of Texas H.B. 3361. The development plan proposes to offer 280 (100%) of the units to tenants whose incomes are no more than 60% of Area Median Family Income (AMFI). The project will provide 64 one-bedroom units, 128 two-bedroom units, and 88 three-bedroom units. This approval is subject to either: (1) the Project Owner expending a minimum of $40,000 in social services annually ($200 per unit per year), whichever is greater, for and at no cost to the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion and in-kind social services may count toward meeting 100% of the social service requirements; or (2) the implementation of TDHCA’s tenant services requirement, contained in the 2011 Qualified Allocation Plan, for tax-exempt bonds with 4% tax credit projects which requires a provision of supportive services. No fees may be charged to the tenants for any of the social services. Services must be provided on-site or transportation to off-site services must be provided. The provision for these services will be included in the Land Use Restriction Agreement (LURA). Acceptable social services include those described in Definitions and Amenities for Housing Program Services. Approval of this pre-application waiver will enable the Applicant to apply to the DHFC in accordance with the proposal described herein which includes the rehabilitation of 280 multi-family units for low to moderate income families at The Park at Cliff Creek Apartments. In addition, it allows the DHFC to receive fee income significantly in excess of current City tax assessment fees of $39,850 and allows fees to be used to support GAP financing for mixed income housing. Current Owners received 4% tax credits and tax-exempt bonds issued by the Texas Department of Housing and Community Affairs in 1996 when no City Council action was necessary for the approval of the tax credits.

Agenda Date 12/11/2013 - page 3

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 6, 2013, The Cesar Chavez Foundation submitted the pre-application waiver questionnaire, with attachments and submitted the $500 waiver fee payable to the Dallas Housing Finance Corporation. On October 8, 2013, the City of Dallas Housing Finance Corporation (DHFC) authorized taking the Park at Cliff Creek proposal to the City Council for its consideration of the pre-application waiver and the calling of the Public Hearing. A bond inducement was approved by the DHFC on this date contingent on City Council Approval of the pre-application waiver and the calling of the Public Hearing on November 12, 2013. On October 21, 2013, the Housing Committee was briefed on The Park at Cliff Creek rehabilitation proposal. On November 12, 2013, City Council authorized the Public Hearing to be held on December 11, 2013, and at the close of the public hearing, the consideration to authorize the final approval of the proposal including the tax exempt bonds to be issued by the DHFC in the amount of $13.5 Million, the 4% tax credits in the approximate amount of $7,009,620, the DHFC to be the General Partner to share in the cash flow to be used for mixed income developments, own the ground/dirt and for the project to be exempt from ad valorem taxes; the fulfillment of all of the requirements of H.B. 3361 including the language in the resolution contained herein stating that there was no objection to the proposed financing and ownership of the project. FISCAL INFORMATION This action has no cost consideration to the City OWNER The Cesar Chavez Foundation Board of Directors Paul F. Chavez, Chairman Manuel H. Bernal, Treasurer Paul S. Park, Secretary Leticia Maldonado/Stamos Daniel Otega, Esq. Luis Conde Taniz Ybarra Juanita Valdez-Cox Roberto De La Rosa

Agenda Date 12/11/2013 - page 4

OWNER (Continued) Executive Staff Paul F. Chavez, President & Chief Executive Officer Alfredo Izmajtovich, Executive Vice President – Housing and Economic Development Fund Christina Graham - Director of Operations – Education Fund Michael Nowakowski, Executive Vice President – Communications Fund Paul S. Park, General Counsel Gina Rodriguez, Director - Fund Development Cliff Timmermans, Chief Financial Officer Proposed General Partner Entity created and controlled by the Dallas Housing Finance Corporation MAP Attached.

Agenda Date 12/11/2013 - page 5

The Park at Cliff Creek Apartments

COUNCIL CHAMBER

December 11, 2013 WHEREAS, on April 25, 1984, the City of Dallas (City) approved and authorized the creation of the Dallas Housing Finance Corporation (DHFC) as a Texas non-profit corporation, pursuant to the Texas Housing Finance Corporation Act, Chapter 394, Local Government Code, V.T.C.A., as amended (the Act), to act on behalf of the City in carrying out the public purpose of the Act; and WHEREAS, the DHFC is authorized by the Act to issue its revenue bonds on behalf of the City for the purpose of providing funding for the housing development for persons of low and moderate income to be located in the City; and WHEREAS, pursuant to Resolution No. 06-0136, City Council decided for a 12 month period beginning on January 11, 2006, not to approve any new tax credit transactions unless a pre-application waiver is granted by the City Council; and WHEREAS, pursuant to Resolution No. 07-0733, Section 1.2 of the Bylaws was amended to allow the DHFC to purchase, lease, own, hold title to, or otherwise acquire an interest in a residential development, directly or indirectly through a subsidiary of the DHFC, provided that the City Council, by resolution, prior to the transaction being consummated by the DHFC, (1) finds and determines that such transaction should be undertaken, (2) approves the form of the transaction and (3) authorizes such purchase, lease, or ownership of, holding title to, or acquisition of the interest in the residential development; and WHEREAS, on September 9, 2013, CCF submitted its pre-application waiver for The Park at Cliff Creek to apply to the Dallas Housing Finance Corporation for; (1) the issuance of tax-exempt bonds by the Dallas Housing Finance Corporation in an amount not to exceed $13.5 Million in Multi-family Housing Mortgage Revenue Bonds Series to finance the rehabilitation of The Park at Cliff Creek consisting of 280 units of multi-family rental housing for families, (2) a resolution in support of the Texas Department of Housing and Community Affairs award of 4% Housing Tax Credits by providing appropriate waivers pursuant to §11.3 (A-G) of the TDHCA’s Qualified Allocation Plan Texas Government Code, §2306.67071(a) and 10 TAC §10.204(4)(A); and for certification that (i) Notice has been provided to the City of Dallas in accordance with Texas Government Code, §2306.67071(a) and 10 TAC §10.204(4)(A) (ii) The City of Dallas has had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; (iii) The City of Dallas held a hearing at which public comment could be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b) and 10 TAC§10.204(4)(B); and (iv) After due consideration of the information provided by the Applicant and public comment, the City of Dallas does not object to the proposed Application; and (3) for a the DHFC created entity to be the General Partner to share in the cash flow, own the ground/dirt and for the project to be exempt from ad valorem taxes; and

COUNCIL CHAMBER

December 11, 2013 WHEREAS, on October 8, 2013, the DHFC authorized the CCF proposal to be considered by the Dallas City Council to grant the waiver to allow CCF to submit its formal application to the DHFC for the proposal described herein and to fulfill the pre-application requirements contained in H.B. 3361 effective September 1, 2013; and WHEREAS, on November 12, 2013, the City Council authorized the Public Hearing on the Park at Cliff Creek to be held on December 11, 2013, and at the close of the public hearing, the consideration to authorize the final approval of the proposal including the tax exempt bonds to be issued by the DHFC in the approximate amount of $13.5 Million, the 4% tax credits in the approximate amount of $7,009,620, the DHFC to be the General Partner to share in the cash flow to be used for mixed income developments, own the ground/dirt and for the project to be exempt from ad valorem taxes; the fulfillment of all of the requirements of H.B. 3361 including the language in the resolution contained herein stating that there was no objection to the proposed financing and ownership of the project; and WHEREAS, the DHFC processed the application and held the necessary Tax Equity and Fiscal Responsibility (â&#x20AC;&#x153;TEFRAâ&#x20AC;?) Hearing on December 5, 2013, after a newspaper advertisement was place in the Dallas Morning News on November 20, 2013, in satisfaction of the Public Hearing requirements and requests among other things, that the City Manager or the Mayor, as the highest elected officials of the City of Dallas, shall approve the issuance of the Bonds on behalf of the City of Dallas; and WHEREAS, Riverside CCF/CB Partners, LP, an entity created by CCF, submitted an application to the Texas Department of Housing and Community Affairs for a 4% housing tax credits after it received an inducement from the DHFC and a subsequent Bond Reservation from the Texas Bond Review Board; and WHEREAS, as a condition for being considered for the award of the 4% housing tax credits, the Applicant has committed to renting 100% (280) of the units to tenants whose household incomes capped are 60% or below the Area Median Family Income (AMFI) with rents affordable to tenants whose household incomes are 60% or below the AMFI in compliance with the maximum Low Income Housing Tax Credit rents as published by the Texas Department of Housing and Community Affairs; and

COUNCIL CHAMBER

December 11, 2013 WHEREAS, the owner of the project will chose to either; (1) expend a minimum of $40,000 in social services annually ($200 per unit per year), whichever is greater, for and at no cost to the residents of the development, based on a survey of residents needs to include some or all of the following: tutoring and after-school programs; health screenings, family counseling/domestic crisis intervention, computer education, emergency assistance, vocational guidance, adult education programs (such as ESL, life skills, nutrition classes, etc.) and social services and recreational activities, to be implemented within three months of project completion and in-kind social services may count toward meeting 100% of the social service requirements or (2) implement the TDHCA’s tenant services requirement Plan contained in the 2011 Qualified Allocation Plan, for tax-exempt bonds and 4% tax credit projects which requires the provision of supportive services. No fees may be charged to the tenants for any of the services. Services must be provided on-site or transportation to off-site services must be provided. The provision of these services will be included in the LURA. Acceptable services include those described in the Definitions and Amenities for Housing Program Activities; and WHEREAS, in the Qualified Allocation Plan, Sec. 11.3 (A-G) Housing Deconcentration factors (b) Twice the State Average Per Capita. (§2306.6703(a)(4)) If the Development is located in a municipality, or if located completely outside a municipality, a county, that has more than twice the state average of units per capita supported by Housing Tax Credits or private activity bonds at the time the Application Round begins (or for Tax– Exempt Bond Developments at the time the Certificate of Reservation is issued by the Texas Bond Review Board), the Applicant must obtain prior approval of the Development from the City of Dallas, Governing Body of the appropriate municipality or county containing the Development. Such approval must include a resolution adopted by the Governing Body of the municipality or county, as applicable, setting forth a written statement of support, referencing Texas Government Code, §2306.6703(a)(4), and authorizing an allocation of Housing Tax Credits for the Development; and WHEREAS, to satisfy H. B. 3361, the City held a public hearing and approves this resolution that certifies that: (i) Notice has been provided to the City of Dallas in accordance with Texas Government Code, §2306.67071(a) and 10 TAC §10.204(4)(A); (ii) The City of Dallas had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; (iii) The City of Dallas held a hearing at which public comment could be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b) and 10 TAC§10.204(4)(B); and (iv) After due consideration of the information provided by the Applicant and public comment, the City of Dallas does not object to the proposed Application; and WHEREAS, a newspaper advertisement was placed in the Dallas Morning News on November 20, 2013, in satisfaction of the Public Hearing requirements; and

COUNCIL CHAMBER

December 11, 2013 WHEREAS, on October 21, 2013, a briefing was presented to the Housing Committee on The Park at Cliff Creek Apartment rehabilitation proposal; and subject to certain conditions being met, it is deemed necessary and advisable that this resolution be adopted to approve the application and take all actions necessary to facilitate the transaction and hold the public hearing pursuant to State of Texas H.B. 3361. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City of Dallas authorizes the City of Dallas Housing Finance Corporation (DHFC) to issue the tax exempt bonds in the approximate amount of $13.5 Million in accordance with the proposal for the rehabilitation of The Park at Cliff Creek, an existing 280 unit multi-family development for families located at 7300 Marvin D. Love Freeway, including the acquisition of 11.7 acres comprised of 72 one-bedroom units, 120 two-bedroom units, 88 three-bedroom units; and the DHFC to become the General Partner to share in the cash flow to be used for mixed income developments as part of DHFC's public purpose, to own the ground/dirt and for the project to be exempt from ad valorem taxes. Section 2. That after the public hearing; (1) the City of Dallas authorizes the final approval of Riverside CCF/CB Partners’, LP, an entity created by CCF, application to the DHFC for the issuance of tax-exempt bonds by the Dallas Housing Finance Corporation in an amount not to exceed $13.5 Million in tax-exempt Multi-family Housing Mortgage Revenue Bonds Series and its support of the application for 4% housing tax credits, in the approximate amount of $7,009,620, pursuant to §11.3 (2)(A-G) Deconcentration Factors contained in TDHCA’s Qualified Allocation Plan; and (2) Certifies that the requirements of H.B. 3361 have been satisfied because (i) Notice was provided to the City of Dallas in accordance with Texas Government Code, §2306.67071(a) and 10 TAC §10.204(4)(A); (ii) The City of Dallas had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; (iii) The City of Dallas held a hearing at which public comment could be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b) and 10 TAC§10.204(4)(B); and (iv) After due consideration of the information provided by the Applicant and public comment, the City of Dallas does not object to the proposed Application. This resolution must be submitted no later than the Resolutions Delivery Date pursuant to §10.4 which is 14 days prior to the Board Meeting when TDHCA will consider the applicant’ s proposal.

COUNCIL CHAMBER

December 11, 2013 Section 3. That the final approval of this project includes the requirement that the owner of the project chose to either; (1) expend a minimum of $40,000 in social services annually ($200 per unit per year), whichever is greater, for and at no cost to the residents of the development, based on a survey of residents needs to include some or all of the following: tutoring and after-school programs; health screenings, family counseling/domestic crisis intervention, computer education, emergency assistance, vocational guidance, adult education programs (such as ESL, life skills, nutrition classes, etc.) and social services and recreational activities, to be implemented within three months of project completion and in-kind social services may count toward meeting 100% of the social service requirements or (2) implement the TDHCA’s tenant services requirement, contained in the 2011 Qualified Allocation Plan, for tax-exempt bonds and 4% tax credit projects which requires the provision of supportive services. No fees may be charged to the tenants for any of the services. Services must be provided on-site or transportation to off-site services must be provided. The provision of these services will be included in the Land Use Restriction Agreement (“LURA”). Acceptable services include those described in Definitions and Amenities for Housing Program Services. Section 4. That all of the requirements contained in H.B. 3361 regarding Notification, Hearing and Resolution from the governing body of the Municipality were satisfied as stated in this resolution dated December 11 2013, and that the opportunity for the public to ask questions and be provided answers at a public hearing by the governing body, after 30 days comment period from date of call of public hearing, pursuant to City’s Citizens Participation Plan was provided by the City of Dallas, after proper notice was placed in the Dallas Morning News on November 20, 2013. Section 5. The DHFC processed the application and held the necessary Tax Equity and Fiscal Responsibility (TEFRA) Hearing pursuant to Section 147 (f) of the Internal Revenue Code, after proper notice is placed in the DMN on November 20, 2013, the TEFRA Hearing will be held on December 5, 2013, prior to returning to the City Council for its consideration of the application and the Public hearing on December 11, 2013, and request among other things, that the City Manager or the Mayor as the highest elected officials of the City of Dallas shall approve the issuance of the Bonds on behalf of the City of Dallas. Section 6. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas’ Office of Sustainable Development and Construction with regard to security related design standards. 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.