JUNE 13, 2018 CITY COUNCIL AGENDA CERTIFICATION This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Agenda dated June 13, 2018. We hereby certify, as to those contracts, agreements, or other obligations on this Agenda authorized by the City Council for which expenditures of money by the City are required, that all of the money required for those contracts, agreements, and other obligations is in the City treasury to the credit of the fund or funds from which the money is to be drawn, as required and permitted by the City Charter, and that the money is not appropriated for any other purpose. / foate { --m. ~~ '&,-cJ-, EibethReich Chief Financial Officer Date ~~:~ Jc:-; -I PH 6: 34 CiTY SEC; I L / • f-\ • COUNCIL AGENDA June 13, 2018 Date (For General Information and Rules of Courtesy, Please See Opposite Side.) (La Informaci6n General Y Reglas De Cortesia Que Deben Observarse Durante Las Asambleas Del Consejo Municipal Aparecen En El Lado Opuesto, Favor De Leerlas.) General Information The Dallas City Council regularly meets on Wednesdays beginning at 9:00 a.m. in the Council Chambers, 6th floor, City Hall, 1500 Marilla. Council agenda meetings are broadcast live on WRR-FM radio (101.1 FM) and on Time Warner City Cable Channel 16. Briefing meetings are held the first and third Wednesdays of each month. Council agenda (voting) meetings are held on the second and fourth Wednesdays. Anyone wishing to speak at a meeting should sign up with the City Secretary’s Office by calling (214) 6703738 by 5:00 p.m. of the last regular business day preceding the meeting. Citizens can find out the name of their representative and their voting district by calling the City Secretary’s Office. If you need interpretation in Spanish language, please contact the City Secretary’s Office at 214-670-3738 with a 48 hour advance notice. Sign interpreters are available upon request with a 48-hour advance notice by calling (214) 670-3738 V/TDD. The City of Dallas is committed to compliance with the Americans with Disabilities Act. The Council agenda is available in alternative formats upon request. If you have any questions about this agenda or comments or complaints about city services, call 311. Información General El Ayuntamiento de la Ciudad de Dallas se reúne regularmente los miércoles en la Cámara del Ayuntamiento en el sexto piso de la Alcaldía, 1500 Marilla, a las 9 de la mañana. Las reuniones informativas se llevan a cabo el primer y tercer miércoles del mes. Estas audiencias se transmiten en vivo por la estación de radio WRR-FM 101.1 y por cablevisión en la estación Time Warner City Cable Canal 16. El Ayuntamiento Municipal se reúne el segundo y cuarto miércoles del mes para tratar asuntos presentados de manera oficial en la agenda para su aprobación. Toda persona que desee hablar durante la asamblea del Ayuntamiento, debe inscribirse llamando a la Secretaría Municipal al teléfono (214) 670-3738, antes de las 5:00 pm del último día hábil anterior a la reunión. Para enterarse del nombre de su representante en el Ayuntamiento Municipal y el distrito donde usted puede votar, favor de llamar a la Secretaría Municipal. Si necesita interpretación en idioma español, por favor comuníquese con la oficina de la Secretaria del Ayuntamiento al 214-670-3738 con notificación de 48 horas antes. Intérpretes para personas con impedimentos auditivos están disponibles si lo solicita con 48 horas de anticipación llamando al (214) 670-3738 (aparato auditivo V/TDD). La Ciudad de Dallas está comprometida a cumplir con el decreto que protege a las personas con impedimentos, Americans with Disabilties Act. La agenda del Ayuntamiento está disponible en formatos alternos si lo solicita. Si tiene preguntas sobre esta agenda, o si desea hacer comentarios o presentar quejas con respecto a servicios de la Ciudad, llame al 311. Reglas de Cortesía Rules of Courtesy City Council meetings bring together citizens of many varied interests and ideas. To insure fairness and orderly meetings, the Council has adopted rules of courtesy which apply to all members of the Council, administrative staff, news media, citizens and visitors. These procedures provide: Las asambleas del Ayuntamiento Municipal reúnen a ciudadanos de diversos intereses e ideologías. Para asegurar la imparcialidad y el orden durante las asambleas, el Ayuntamiento ha adoptado ciertas reglas de cortesía que aplican a todos los miembros del Ayuntamiento, al personal administrativo, personal de los medios de comunicación, a los ciudadanos, y a visitantes. Estos reglamentos establecen lo siguiente:  Ninguna persona retrasará o interrumpirá los procedimientos, o se negará a obedecer las órdenes del oficial que preside la asamblea. All persons should refrain from private conversation, eating, drinking and smoking while in the Council Chamber.   Todas las personas deben de abstenerse de entablar conversaciones, comer, beber y fumar dentro de la cámara del Ayuntamiento. Posters or placards must remain outside the Council Chamber.   No cellular phones or audible beepers allowed in Council Chamber while City Council is in session. Anuncios y pancartas deben permanecer fuera de la cámara del Ayuntamiento.  No se permite usar teléfonos celulares o enlaces electrónicos (pagers) audibles en la cámara del Ayuntamiento durante audiencias del Ayuntamiento Municipal.  That no one shall delay or interrupt the proceedings, or refuse to obey the orders of the presiding officer.  “Citizens and other visitors attending City Council meetings shall observe the same rules of propriety, decorum and good conduct applicable to members of the City Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require enforcement of the rules, and the affirmative vote of a majority of the City Council shall require the presiding officer to act.” Section 3.3(c) of the City Council Rules of Procedure. “Los ciudadanos y visitantes presentes durante las asambleas del Ayuntamiento Municipal deben de obedecer las mismas reglas de comportamiento, decoro y buena conducta que se aplican a los miembros del Ayuntamiento Municipal. Cualquier persona que haga comentarios impertinentes, utilice vocabulario obsceno o difamatorio, o que al dirigirse al Ayuntamiento lo haga en forma escandalosa, o si causa disturbio durante la asamblea del Ayuntamiento Municipal, será expulsada de la cámara si el oficial que esté presidiendo la asamblea así lo ordena. Además, se le prohibirá continuar participando en la audiencia ante el Ayuntamiento Municipal. Si el oficial que preside la asamblea no toma acción, cualquier otro miembro del Ayuntamiento Municipal puede tomar medidas para hacer cumplir las reglas establecidas, y el voto afirmativo de la mayoría del Ayuntamiento Municipal precisará al oficial que esté presidiendo la sesión a tomar acción.” Según la sección 3.3(c) de las reglas de procedimientos del Ayuntamiento. Handgun Prohibition Notice for Meetings of Governmental Entities "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun." "De acuerdo con la sección 30.06 del código penal (ingreso sin autorización de un titular de una licencia con una pistol oculta), una persona con licencia según el subcapítulo h, capítulo 411, código del gobierno (ley sobre licencias para portar pistolas), no puede ingresar a esta propiedad con una pistola oculta." "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly." "De acuerdo con la sección 30.07 del código penal (ingreso sin autorización de un titular de una licencia con una pistola a la vista), una persona con licencia según el subcapítulo h, capítulo 411, código del gobierno (ley sobre licencias para portar pistolas), no puede ingresar a esta propiedad con una pistola a la vista." AGENDA CITY COUNCIL MEETING WEDNESDAY, JUNE 13, 2018 ORDER OF BUSINESS Agenda items for which individuals have registered to speak will be considered no earlier than the time indicated below: 9:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE OPEN MICROPHONE MINUTES Item 1 CONSENT AGENDA Items 2 - 42 ITEMS FOR INDIVIDUAL CONSIDERATION No earlier than 9:15 a.m. Items 43 - 52 PUBLIC HEARINGS AND RELATED ACTIONS 1:00 p.m. NOTE: Items 53 - 72 A revised order of business may be posted prior to the date of the council meeting if necessary.   AGENDA CITY COUNCIL MEETING JUNE 13, 2018 CITY OF DALLAS 1500 MARILLA STREET COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS 75201 9:00 A.M. Invocation and Pledge of Allegiance (Council Chambers) Agenda Item/Open Microphone Speakers VOTING AGENDA 1. Approval of Minutes of the May 23, 2018 City Council Meeting CONSENT AGENDA City Attorney's Office 2. Authorize settlement of the lawsuit styled Craig Dixon v. City of Dallas, Cause No. CC17-00771-D - Not to exceed $75,000 - Financing: Current Funds 3. Authorize an Interlocal Agreement between the City of Dallas ("City") and Dallas County ("County") to permit the City to provide Security and a Lead Planner to the County's Second Chance Community Improvement Program Court by providing support, resources and tools to non-violent offenders between the ages of 17 and 25 in the Southeast Division of the city of Dallas within the zip codes of 75215 and 75210 Revenue: $14,320 June 13, 2018 2 CONSENT AGENDA (continued) City Attorney's Office (continued) 4. Authorize (1) acceptance of the 2018-19 Veterans Treatment Court Grant from the Texas Veterans Commission Fund for Veterans' Assistance for continuation of the South Oak Cliff Community Court to include the South Oak Cliff Veterans Treatment Court Project for the period July 1, 2018 through June 30, 2019; (2) the establishment of appropriations in an amount not to exceed $75,000 in the 2018-19 Veterans Treatment Court Grant Fund; (3) the receipt and deposit of funds in an amount not to exceed $75,000 in the 2018-19 Veterans Treatment Court Grant Fund; and (4) execution of the grant agreement - Not to exceed $75,000 - Financing: Texas Veterans Commission Grant Funds 5. Authorize Supplemental Agreement No. 1 to the professional services contract with Ogletree, Deakins, Nash, Smoak & Stewart, P.C., for additional legal services necessary in connection with the lawsuit styled Terrance Bass, et al. v. City of Dallas, Civil Action No. 3:17-cv-03330-C - Not to exceed $50,000, from $50,000 to $100,000 Financing: Current Funds City Auditor’s Office 6. Authorize a budget estimate of the needs and requirements of the City Auditor’s Office for Fiscal Year 2018-19 in the amount of $3,362,063 (subject to final citywide funding adjustments for decisions that will be made on a citywide basis for items such as staff benefits, insurance, Communication and Information Services chargebacks, and other items that may affect all City departmental budgets) - Financing: No cost consideration to the City City Controller's Office 7. Authorize the issuance of tax-exempt bonds by the Greater Texas Cultural Education Facilities Finance Corporation in an aggregate principal amount not to exceed $25,000,000 for the benefit of Southwest Transplant Alliance, Inc. to build a new headquarters facility - Financing: No cost consideration to the City Department of Communication and Information Services 8. Authorize a twelve-month service contract for the continuous use of software and support of the Socrata Open Data Portal - Carahsoft Technology Corp, through the General Services Administration cooperative agreement - Not to exceed $199,797 Financing: Communication and Information Services Current Funds June 13, 2018 3 CONSENT AGENDA (continued) Department of Equipment and Building Services 9. Authorize a professional services contract with Simmons Design Associates, LLC to provide graphic design services for the design and development of a new wayfinding system at the Kay Bailey Hutchison Convention Center Dallas located at 650 South Griffin Street - Not to exceed $449,750 - Financing: Convention Center Capital Construction Funds 10. Authorize (1) the rejection of the proposal received for the construction of Exhibit Hall F Roof Truss Repair at the Kay Bailey Hutchison Convention Center Dallas located at 650 South Griffin Street; and (2) the re-advertisement for new proposals - Financing: No cost consideration to the City 11. Authorize (1) an increase to the construction services contract with Phoenix 1 Restoration and Construction, Ltd. for construction modifications and corrective actions for concealed conditions discovered during construction for the Dallas City News Studio in Fair Park located at 1620 First Avenue; and (2) an increase in appropriations in an amount not to exceed to $222,395 in the Public Educational and Governmental Access Fund - Not to exceed $880,672, from $5,146,800 to $6,027,472 - Financing: Public Educational and Governmental Access Funds ($711,507) and WRR Capital Construction Funds ($169,165) 12. Authorize Supplemental Agreement No. 1 to the service contract for job order contracting services at City facilities with Restoration Specialists, dba RS Commercial Construction extending the contract term for an additional six months - Not to exceed $1,578,675, from $6,314,700 to $7,893,375 - Financing: Various Funds (subject to annual appropriations) 13. Authorize Supplemental Agreement No. 4 to exercise the second, and final five-year renewal option to extend the Compressed Natural Gas (CNG) Facilities Agreement with TranStar Energy Company, L.P., for five years to maintain and operate two publicaccess CNG fueling sites on city properties located at 1616 Baylor Street and 8000 Denton Drive, adjacent to Love Field - Estimated Revenue: $10,000 over the five-year extension Department of Public Works 14. Authorize a contract for the reconstruction of street paving, storm drainage, water and wastewater main improvements for Spring Grove Avenue from Alpha Road to Coit Road - Jeske Construction Company, lowest responsible bidder of ten - Not to exceed $2,698,710 - Financing: 2012 Bond Funds ($2,006,560), Water Utilities Capital Improvement Funds ($624,510) and Water Utilities Capital Construction Funds ($67,640) June 13, 2018 4 CONSENT AGENDA (continued) Department of Sanitation Services 15. Authorize (1) a contract for the construction of a 52 acre waste cell, cell 6B2 and 7 at the McCommas Bluff Landfill; and site improvements that include upgraded drain pumps, control panels, electric service and discharge systems - Hammett Excavation, Inc., lowest responsible bidder of three; and (2) an increase in appropriations in an amount not to exceed $5,126,867 in the Sanitation Capital Improvement Fund - Not to exceed $5,126,867 - Financing: Sanitation Capital Improvement Funds Department of Sustainable Development and Construction 16. Authorize settlement in lieu of proceeding with condemnation of a tract of land containing approximately 46,684 square feet from Casey Owen Averitt and Robin Eliene Averitt located in Kaufman County for the Lake Tawakoni 144-inch Pipeline Project Not to exceed $12,661, increased from $32,075 ($29,075, plus closing costs and title expenses not to exceed $3,000) to $44,736 ($41,736, plus closing costs and title expenses not to exceed $3,000) - Financing: Water Utilities Capital Improvement Funds 17. Authorize (1) settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Dallas v. Hwy. 205 Farm, Ltd., et al., pending in Kaufman County Court at Law, Cause No. 84262-CC, for acquisition from Hwy. 205 Farm, Ltd., et al., of approximately 33 acres of land for right-of-way located in Kaufman County, Texas for the Lake Tawakoni 144-inch Pipeline Project; and (2) the deposit of the settlement amount reached through Court ordered mediation and negotiation of the condemnation suit for an amount not to exceed the amount of the settlement amount Not to exceed $64,841, increased from $460,159 to $525,000 ($515,000 being the settlement amount, plus closing costs and title expenses not to exceed $10,000) Financing: Water Utilities Capital Improvement Funds 18. Authorize (1) settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Dallas v. 635-I20 Joint Venture, et al., pending in County Court at Law No. 5, Cause No. CC-13-01705-E, for acquisition from 635-I20 Joint Venture, et al., of approximately 495,065 square feet of land for right-of-way located in Dallas County, Texas for the Southwest 120/96-inch Water Transmission Pipeline Project; and (2) the deposit of the settlement amount reached through Court ordered mediation and negotiation of the condemnation suit for an amount not to exceed the amount of the settlement amount - Not to exceed $857,786, increased from $953,214 ($943,214 being the award, plus closing costs and title expenses not to exceed $10,000) to $1,811,000 ($1,800,000 being the settlement amount, plus closing costs and title expenses not to exceed $11,000) - Financing: Water Utilities Capital Improvement Funds 19. Authorize the second step of acquisition for condemnation by eminent domain to acquire a tract of vacant land containing approximately 262,824 square feet, located in Kaufman County for the Lake Tawakoni 144-inch Transmission Pipeline Project, from Freddie Kasper - Not to exceed $49,000 ($45,900, plus closing costs and title expenses not to exceed $3,100) - Financing: Water Utilities Capital Improvement Funds June 13, 2018 5 CONSENT AGENDA (continued) Department of Sustainable Development and Construction (continued) 20. Authorize the second step of acquisition for condemnation by eminent domain to acquire a tract of vacant land containing approximately 5,379 square feet from Harold J. Baber located in Van Zandt County for the Lake Tawakoni 144-inch Transmission Pipeline Project - Not to exceed $29,700 ($27,750, plus closing costs and title expenses not to exceed $1,950) - Financing: Water Utilities Capital Construction Funds 21. Authorize moving expense and replacement housing payments for Sandra Witt as a result of an official written offer of just compensation to purchase real property at 369 VZ CR 3843 for the Lake Tawakoni 144-inch Transmission Pipeline Project - Not to exceed $55,639 - Financing: Water Utilities Capital Improvement Funds 22. An ordinance granting a private license to the Board of Regents of The University of Texas System, for the use of approximately 1,001 square feet of subsurface land to occupy, maintain and utilize a subsurface portion of Inwood Road right-of-way located near the intersection of Forest Park Road and Inwood Road - Revenue: $1,297 annually, plus the $20 ordinance publication fee 23. An ordinance abandoning Lariat Drive to LGI Homes-Texas, LLC, the abutting owner, containing approximately 4,674 square feet of land, located near the intersection of Greenhaw Lane and Woody Road; and authorizing the quitclaim - Revenue: $5,400, plus the $20 ordinance publication fee 24. An ordinance abandoning a portion of a sanitary sewer easement to Daniel Brothers, L.L.P., the abutting owner, containing approximately 2,010 square feet of land, located near the intersection of Forest Lane and Inwood Road - Revenue: $5,400, plus the $20 ordinance publication fee 25. An ordinance abandoning six sanitary sewer easements, two utility easements, and two utility and fire lane easements to Daniel Brothers, L.L.P., the abutting owner, containing a total of approximately 296,609 square feet of land, located near the intersection of Forest Lane and Inwood Road - Revenue: $10,400, plus the $20 ordinance publication fee Department of Transportation 26. Authorize (1) the receipt and deposit of funds in an amount not to exceed $36,043 from the University of Texas (UT) Southwestern Medical Center for certain material and labor costs associated with the upgrade of the traffic signal, signage and roadway striping at the UT Southwestern private driveway in the 1900 block of Inwood Road; and (2) an increase in appropriations in an amount not to exceed $36,043 in the Capital Projects Reimbursement Fund - Not to exceed $36,043 - Financing: Capital Projects Reimbursement Funds June 13, 2018 6 CONSENT AGENDA (continued) Department of Transportation (continued) 27. Authorize payment to the Texas Department of Transportation for cost overruns related to the intersection and traffic signal improvements at the following five off-system locations: Royal Lane and Abrams Road; Skillman Street and Walnut Hill Lane; Skillman Street and Lovers Lane; Walnut Hill Lane and Abrams Road; and Webb Chapel Road and Larga Drive - Not to exceed $82,696 - Financing: General Funds Fire-Rescue Department 28. Authorize a revision to Rule XXIV of the Civil Service Code of Rules and Regulations to allow military experience to be used in lieu of college credit for Dallas Fire-Rescue Department applicants - Financing: No cost consideration to the City Housing & Neighborhood Revitalization 29. Authorize the first amendment to the conditional grant agreement for 27 single-family homes on Chariot Drive, previously approved by Resolution No. 15-0861 on May 13, 2015, with Dallas Area Habitat for Humanity, Inc., who assumed the obligations of Greenleaf Ventures, LLC to (1) extend the agreement completion date from October 30, 2017 to December 31, 2019; and (2) amend the agreement to include performance thresholds and requirements - Financing: No cost consideration to the City 30. Authorize the first amendment to the conditional grant agreement for the development of 58 single-family homes in West Dallas located on Singleton Boulevard, previously approved by Resolution No. 15-0862 on May 13, 2015, with Greenleaf Ventures, LLC to (1) extend the agreement completion date from October 30, 2017 to December 30, 2020; and (2) amend the contract to include performance thresholds and requirements Financing: No cost consideration to the City 31. Authorize the first amendment to the conditional grant agreement for the development of 36 single-family homes on North Prairie Creek Road, previously approved by Resolution No. 16-0842 on May 25, 2016, with Greenleaf Ventures, LLC to (1) extend the agreement completion date from May 25, 2018 to May 31, 2020; and (2) amend the contract to include performance thresholds and requirements - Financing: No cost consideration to the City 32. Authorize the first amendment to the loan agreement for the development of 10 singlefamily homes for the Scattered Sites Project located in the Jubilee and Dolphin Heights neighborhoods, previously approved by Resolution No. 16-0848 on May 25, 2016, with East Dallas Community Organization to (1) extend the loan agreement completion date from May 25, 2018 to November 30, 2019; and (2) amend the agreement to include performance thresholds and requirements - Financing: No cost consideration to the City June 13, 2018 7 CONSENT AGENDA (continued) Office of Cultural Affairs 33. A resolution to ratify emergency work performed by van Enter Studio, Ltd. to remove and relocate ten bronze steer and equestrian statues from Pioneer Park located at 1428 Young Street, due to the unstable foundations compromising the stability of the sculptures - Not to exceed $42,000 - Financing: Convention and Event Services Current Funds Office of Procurement Services 34. Authorize a one-year service contract to administer a teen pregnancy prevention program - North Texas Alliance to Reduce Unintended Pregnancy in Teens, most advantageous proposer of two - Not to exceed $300,000 - Financing: General Funds (subject to appropriations) 35. Authorize a one-year service contract for the rental of vehicles and equipment - CLS Sewer Equipment Co., Inc. in the amount of $1,742,750, Herc Rentals, Inc. in the amount of $476,603, Holt Texas, LTD in the amount of $465,515, Accent/Johnston Limousine, Inc. dba AJL International in the amount of $302,813, Kirby-Smith Machinery, Inc. in the amount of $262,630, Enterprise Rent-A-Car dba EAN Holdings, LLC in the amount of $75,780, Crafco, Inc. in the amount of $32,667, and Bane Machinery, Inc. in the amount of $21,050, lowest responsible bidders of nine - Total not to exceed $3,379,808 - Financing: Equipment Services Current Funds (subject to annual appropriations) 36. Authorize a consultant contract for a comprehensive economic development strategic plan for the Office of Economic Development - Angelou Economic Advisors, Inc., most advantageous proposer of three - Not to exceed $195,000 - Financing: General Funds 37. Authorize a three-year master agreement for binocular night vision devices for the Dallas Police Department - Defense Solutions Group, Inc. dba DSG Arms, lowest responsible bidder of two - Not to exceed $443,560 - Financing: General Funds ($221,780) and U.S. Department of Homeland Security Grant Funds ($221,780) 38. Authorize a three-year master agreement for the purchase of steel drum trash receptacles, lids, and bases for the Park & Recreation Department - Tamra Group, Inc. dba Engage Industrial Solutions, lowest responsible bidder of four - Not to exceed $405,889 - Financing: General Funds 39. Authorize a three-year master agreement for printed goods - AC Printing in the amount of $1,973,870, Janus Signs dba FastSigns Skillman in the amount of $454,347, and Visual Communications in the amount of $322,551, most advantageous proposers of four - Total not to exceed $2,750,768 - Financing: General Funds ($2,261,138), Water Utilities Current Funds ($171,255), Sanitation Current Funds ($120,500), Convention and Event Services Current Funds ($74,975), Stormwater Drainage Management Current Funds ($69,450), and Aviation Current Funds ($53,450) June 13, 2018 8 CONSENT AGENDA (continued) Park & Recreation Department 40. Authorize a Sub-Grant Memorandum of Understanding with the Dallas Parks Foundation for the implementation of a community outreach outdoor program Financing: No cost consideration to the City Water Utilities Department 41. Authorize (1) an 18-month master agreement for water and wastewater small services installations in the amount of $7,966,845; (2) a contract for the installation of water and wastewater mains at 14 locations in the amount of $3,687,465 (list attached); and (3) an 18-month master agreement for water and wastewater mainline extensions and emergency mainline installations and relocations at various locations in the amount of $3,097,492 with Omega Contracting, Inc., only bidder - Total not to exceed $14,751,802 - Financing: Water Utilities Capital Construction Funds ($11,064,337) and Water Utilities Capital Improvement Funds ($3,687,465) 42. Authorize an increase in the construction services contract with Quest Civil Constructors, Inc. for additional work associated with the cleaning and rehabilitation of a residuals basins site at the Elm Fork Water Treatment Plant - Not to exceed $741,065, from $48,242,006 to $48,983,071 - Financing: Water Utilities Capital Improvement Funds ITEMS FOR INDIVIDUAL CONSIDERATION City Secretary's Office 43. Consideration of appointments to boards and commissions and the evaluation and duties of board and commission members (List of nominees is available in the City Secretary's Office) City Attorney's Office 44. An ordinance (1) appointing 10 full-time municipal judges and 18 associate (part-time) municipal judges to preside over the City of Dallas municipal court of record for a term ending May 31, 2020; (2) appointing an administrative municipal judge for the City of Dallas municipal court of record for a two-year term ending May 31, 2020; and (3) establishing the annual salary for the full-time and associate (part-time) municipal judges and the administrative municipal judge - Financing: This action has no cost consideration to the City June 13, 2018 9 ITEMS FOR INDIVIDUAL CONSIDERATION (continued) Department of Sanitation Services 45. An ordinance amending Chapter 18, "Municipal Solid Wastes," of the Dallas City Code, by amending Sections 18-2 and 18-12.1; adding Article IV-a; (1) clarifying and adding definitions; (2) providing regulations for owners of multifamily sites regarding collection and removal of recyclable materials from multifamily sites; (3) adding a new article regarding multifamily site recycling collection and removal services; (4) providing permit and reporting requirements for multifamily site recycling collection service businesses; (5) provide guidelines regarding inspections of vehicles of multifamily site recycling collection service businesses and provisions regarding suspensions and revocations of recycling permits; and (6) providing a penalty not to exceed $500 - Financing: No cost consideration to the City Department of Sustainable Development and Construction 46. An ordinance amending Ordinance No. 30111, previously approved on June 15, 2016, which abandoned a portion of Montwood Lane and a garbage collection and utility easement, located near the intersection of Merrell and Midway Roads to The Episcopal School of Dallas, Inc. and WBL Family Investments, Inc., to extend the deadline to complete alley improvements from two years to thirty-three months and provide for the requirement of a new condition - Revenue: $5,400, plus the $20 ordinance publication fee Mayor and City Council Office 47. A resolution amending City Council Rules of Procedure Section 6.1(c)(1) to begin the second Wednesday city council voting agenda meeting at 2:00 p.m., with the public hearings to begin not earlier than 6:00 p.m. - Financing: Future cost consideration to the City (Medrano, Narvaez, Kingston, Felder, Griggs) Office of Economic Development 48. Authorize the following agreements in consideration of the renovation and redevelopment of the shopping mall located at 3662 West Camp Wisdom Road known as Red Bird Mall to authorize: (1) a conditional grant agreement with 3662 Investors LP or an affiliate thereof in an amount not to exceed $10,000,000; (2) a 15-year interest only loan in an amount not to exceed $12,000,000 with 3662 Investors LP or an affiliate thereof; (3) a development agreement awarding an amount not to exceed $15,600,000 in tax increment funding from the Mall Area Redevelopment Tax Increment Financing District with 3662 Investors LP or an affiliate thereof; (4) an assignment of all increment payable under the development agreement to the City of Dallas; (5) an amendment to the existing Chapter 380 grant agreement with WCWRD Inc. to extend all dates in the agreement by 18 months; (6) a loan payment guarantee agreement with 3662 Investors LP; and (7) an increase in appropriations in an amount not to exceed $8,012,200 in ECO (I) Fund - Total not to exceed $37,600,000 - Financing: 2006 Bond Funds ($244,518), 2012 Bond Funds ($1,743,282), 2017 Bond Funds ($8,012,200), Mall Area Redevelopment TIF District Funds ($15,600,000) and Public/Private Partnership Funds ($12,000,000) June 13, 2018 10 ITEMS FOR INDIVIDUAL CONSIDERATION (continued) Office of Economic Development (continued) Project Apollo *Note: Item Nos. 49, 50 and 51 must be considered collectively. 49. * Authorize a real property tax abatement agreement with Becknell Industrial Operating Partnership, L.P. for the purpose of granting a ten-year abatement of 50 percent of the taxes on added value to the real property for the proposed development of a build-to-suit manufacturing facility situated on approximately 31 acres of property located in the 9900 block of Bonnie View Road/Logistics Drive, south of Telephone Road and north of Wintergreen Road in southern Dallas within the International Inland Port of Dallas, in accordance with the City’s Public/Private Partnership Program - Estimated Revenue Foregone: $734,259 over ten years 50. * Authorize a business personal property tax abatement agreement with Vistaprint Manufacturing Texas LLC for the purpose of granting a five-year abatement of 50 percent of the taxes on added value to the business personal property for the proposed development of a build-to-suit manufacturing facility situated on approximately 31 acres of property located in the 9900 block of Bonnie View Road/Logistics Drive, south of Telephone Road and north of Wintergreen Road in southern Dallas within the International Inland Port of Dallas, in accordance with the City’s Public/Private Partnership Program - Estimated Revenue Foregone: $612,210 over five years 51. * Authorize a Chapter 380 economic development grant agreement with Vistaprint Manufacturing Texas LLC for cost assistance with workforce development programs for residents of the city of Dallas associated with the proposed development of a build-to-suit manufacturing facility located in the 9900 block of Bonnie View Road/Logistics Drive, south of Telephone Road and north of Wintergreen Road in southern Dallas within the International Inland Port of Dallas, in accordance with the City’s Public/Private partnership Program - Not to exceed $300,000 - Financing: Public/Private Partnership Funds ITEMS FOR FURTHER CONSIDERATION Department of Sustainable Development and Construction 52. Authorize an historic preservation tax exemption for Knights of Pythias/Union Bankers Bank located at 2557 Elm Street for a ten-year period on 100 percent of the land and structure value - Revenue Forgone: First year of tax revenue foregone is estimated at $56,256 for the historic building and $112,135 for the addition (Estimated revenue forgone over ten years is a total of $644,917 for the historic building and $1,285,479 for the addition, for an overall total of $1,930,414) (This item was deferred on May 23, 2018) June 13, 2018 11 PUBLIC HEARINGS AND RELATED ACTIONS Department of Sustainable Development and Construction ZONING CASES - CONSENT 53. A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1957 for an attached projecting nonpremise district activity videoboard sign on property zoned Planned Development District No. 619 in an area bound by Pacific Avenue, St. Paul Street, Elm Street and South Ervay Street Recommendation of Staff and CPC: Approval for a ten-year period, subject to conditions Z178-123(PD) 54. A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for MF-1(A) Multifamily District uses and a community service center on property zoned a CR Community Retail District and an R5(A) Single Family District with Neighborhood Stabilization Overlay No. 13, on the west side of Topeka Avenue, south of Pueblo Street Recommendation of Staff and CPC: Approval, subject to a conceptual plan and conditions Z178-154(PD) 55. 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 an RR-D Regional Retail District with a D Liquor Control Overlay on the northeast corner of West Camp Wisdom Road and Marvin D Love Frontage Road, east of Marvin D Love Freeway (US 67) Recommendation of Staff and CPC: Approval of a D-1 Liquor Control Overlay; and approval of a Specific Use Permit for a two-year period with eligibility for automatic renewals for additional five-year periods, subject to a site plan and conditions Z178-181(CY) 56. A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1702 for a tower/antenna for cellular communication on property zoned a CR Community Retail District, east of Preston Road and south of Campbell Road Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions Z178-195(JM) June 13, 2018 12 PUBLIC HEARINGS AND RELATED ACTIONS (continued) Department of Sustainable Development and Construction (continued) ZONING CASES - CONSENT (continued) 57. A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1728 for an extended stay hotel or motel use and an ordinance terminating a portion of Specific Use Permit No. 98 for quarrying and mining operations on property zoned an IM Industrial Manufacturing District, on the east line of North Cockrell Hill Road, north of Dallas-Fort Worth Turnpike Recommendation of Staff and CPC: Approval of an amendment to Specific Use Permit No. 1728 for an extended stay hotel or motel use for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a revised site plan and conditions, and approval of the termination of a portion of Specific Use Permit No. 98 Z178-205(CY) 58. A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a private recreation center, club or area use on property zoned D(A) Duplex District, on the south line of West 10th Street, east of South Tyler Street Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions Z178-212(PD) ZONING CASES - INDIVIDUAL 59. A public hearing to receive comments regarding an application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District on the northeast corner of West Illinois Avenue and Andrews Street Recommendation of Staff: Denial Recommendation of CPC: Denial without prejudice Z178-115(WE/SM) ZONING CASES - UNDER ADVISEMENT - INDIVIDUAL 60. A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a private recreation center, club, or area on property zoned an A(A) Agricultural District on the south line of Tea Garden Road, west of Haymarket Road Recommendation of Staff and CPC: Approval for a two-year period, subject to a site plan and conditions Z156-323(JM) Note: This item was deferred by the City Council before opening the public hearings on April 12, 2017, May 24, 2017, June 28, 2017, August 23, 2017, October 11, 2017, December 13, 2017, February 14, 2018 and April 25, 2018, and is scheduled for consideration on June 13, 2018. June 13, 2018 13 PUBLIC HEARINGS AND RELATED ACTIONS (continued) Department of Sustainable Development and Construction (continued) ZONING CASES - UNDER ADVISEMENT - INDIVIDUAL (continued) 61. A public hearing to receive comments regarding an application for and an ordinance granting an IR Industrial Research District and an ordinance granting a Specific Use Permit for an Industrial (outside) not potentially incompatible use limited to a concrete batch plant on property zoned an A(A) Agricultural District, on the south line of Simpson Stuart Road, west of South Central Service Expressway Recommendation of Staff: Approval of an IR Industrial Research District; and approval of a Specific Use Permit for a three-year period, subject to a site plan, a landscape plan, and staff’s recommended conditions Recommendation of CPC: Approval of an IR Industrial Research District; and approval of a Specific Use Permit for a four-year period, subject to a site plan, a landscape plan, and conditions Z167-303(JM) Note: This item was deferred by the City Council before opening the public hearings on October 11, 2017, December 13, 2017, February 14, 2018 and April 25, 2018, and is scheduled for consideration on June 13, 2018. 62. A public hearing to receive comments regarding an application for and an ordinance granting a CS Commercial Service District; a resolution accepting deed restrictions volunteered by the applicant; and an ordinance granting a Specific Use Permit for outside sales on property zoned an R-10(A) Single Family District on the west line of South Belt Line Road, north of Sarah Lane Recommendation of Staff: Approval of a CS Commercial Service District, subject to deed restrictions volunteered by the applicant, and approval of a Specific Use Permit for outside sales for a three-year period, subject to a site plan and conditions Recommendation of CPC: Approval of a CS Commercial Service District, subject to deed restrictions volunteered by the applicant, and approval of a Specific Use Permit for outside sales for a two-year period, subject to a site plan and conditions Z167-362(WE/SH) Note: This item was deferred by the City Council before opening the public hearings on March 28, 2018 and May 9, 2018, and is scheduled for consideration on June 13, 2018. 63. A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 2074 for a potentially incompatible industrial use limited to metal or metal product treatment or processing on property zoned RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District, on the north corner of South Harwood Street and Coombs Street Recommendation of Staff and CPC: Approval for a two-year period, subject to conditions Z167-390(SM) Note: This item was deferred by the City Council before opening the public hearings on January 10, 2018, March 28, 2018 and April 25, 2018, and is scheduled for consideration on June 13, 2018. June 13, 2018 14 PUBLIC HEARINGS AND RELATED ACTIONS (continued) Department of Sustainable Development and Construction (continued) ZONING CASES - UNDER ADVISEMENT - INDIVIDUAL (continued) 64. A public hearing to receive comments regarding an application for and an ordinance granting an expansion of Subdistrict 2 (Moderate Density Mixed Use Corridors) on property zoned Subdistrict 1 (Moderate Density Residential) within Planned Development District No. 317, the Cedars Area Special Purpose District, on the west side of Beaumont Street, north of Gould Street Recommendation of Staff: Denial Recommendation of CPC: Approval Z178-131(JM) Note: This item was deferred by the City Council before opening the public hearing on April 25, 2018, and is scheduled for consideration on June 13, 2018. 65. A public hearing to receive comments regarding an application for and an ordinance granting a CR Community Retail District and a resolution accepting deed restrictions volunteered by the applicant on property zoned an R-7.5(A) Single Family District, on the south line of East Ledbetter Drive, east of South Lancaster Road Recommendation of Staff and CPC: Approval, subject to the deed restrictions volunteered by the applicant Z178-135(SM) Note: This item was deferred by the City Council before opening the public hearing on April 11, 2018, and is scheduled for consideration on June 13, 2018. DEVELOPMENT CODE AMENDMENTS - INDIVIDUAL 66. A public hearing to receive comments regarding consideration of amendments to Chapter 51A of the Dallas Development Code, Article XIII, “Form Districts,” to amend regulations pertaining to access to transit, self-service storage uses, administrative waivers, story height, stoops and front porches, structured parking, single family districts, street frontage, landscaping, and off-street loading and an ordinance granting the amendments Recommendation of Staff and CPC: Approval DCA 178-002 67. A public hearing to receive comments regarding consideration of amendments to Chapter 51 and Chapter 51A of the Dallas Development Code: (1) Article IX to create regulations to allow ceremonial street naming; and (2) Article I to establish fees for ceremonial street naming and amend fees for street name change and an ordinance granting the amendments Recommendation of Staff and CPC: Approval DCA 178-004 June 13, 2018 15 PUBLIC HEARINGS AND RELATED ACTIONS (continued) Department of Sustainable Development and Construction (continued) DEVELOPMENT CODE AMENDMENTS - INDIVIDUAL (continued) 68. A public hearing to receive comments regarding amendments to Chapter 51 and Chapter 51A of the Dallas Development Code and consideration given to: (1) an ordinance granting amendments to clarify language regarding handicapped parking regulations; (2) an ordinance granting amendments to clarify language regarding board of adjustment same matter back to same panel; (3) an ordinance granting amendments to clarify language regarding number of duplicate applications required for remote parking procedures and sign permits; (4) an ordinance granting amendments to clarify language regarding instances where “director of parks and recreation” should be amended to “building official”; (5) an ordinance granting amendments to clarify language regarding pedestrian skybridges; (6) an ordinance granting amendments to clarify language regarding light poles, handicap ramps, air conditioning units, and generators in required front, side, and rear yards as applicable, and clarification of associated noise regulation standards; and (7) an ordinance granting amendments to clarify language regarding remote parking for church use Recommendation of Staff and CPC: Approval DCA 178-006 BENEFIT ASSESSMENT HEARINGS Department of Public Works 69. A benefit assessment hearing to receive comments on street paving, drainage, water and wastewater main improvements for Gardenview Drive from Alto Garden Drive to Loma Garden Avenue; and at the close of the hearing, authorize an ordinance levying benefit assessments - Financing: No cost consideration to the City (see Fiscal Information for potential future costs) MISCELLANEOUS HEARINGS Department of Sustainable Development and Construction 70. A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from an open-enrollment charter school, Texans Can Academy [DBA Dallas Can Academy] as required by Section 6-4 of the Dallas City Code to allow a mixed-beverages permit (Chapter 28) for a restaurant without drive-in or drive-through service with a food and beverage certificate [Slam Tilt, Inc.] on the south line of Jefferson Boulevard, east of Bishop Avenue - AV178-002 - Financing: This action has no cost consideration to the City June 13, 2018 16 PUBLIC HEARINGS AND RELATED ACTIONS (continued) MISCELLANEOUS HEARINGS (continued) Office of Budget 71. A public hearing to receive comments on (1) the Proposed FY 2018-19 HUD Consolidated Plan Budget for U.S. Department of Housing and Urban Development Grant Funds; (2) the Proposed FY 2017-18 Reprogramming Budget; and (3) an amendment to the five-year Consolidated Plan to extend the covered period by one year, from September 30, 2018 to September 30, 2019 - Financing: No cost consideration to the City MISCELLANEOUS HEARINGS - UNDER ADVISEMENT Department of Sustainable Development and Construction 72. An appeal of the City Plan Commission’s decision to deny a waiver of the two-year waiting period to submit an application for an amendment to Planned Development District No. 691, with an MD-1 Modified Delta Overlay and a D Liquor Control Overlay on a portion, on the northwest corner of Greenville Avenue and Lewis Street - W178005 - Financing: This action has no cost consideration to the City Note: This item was considered by the City Council at a public hearing on May 23, 2018, and was held under advisement until June 13, 2018 with the public hearing open June 13, 2018 17 Renewal of Water and Wastewater Mains Agenda Item #41 District 4 Alex Street from Childers Street to Nolen Street Alley between Utah Avenue and South Ewing Avenue from Holden Avenue to Frio Drive Easement between Idaho Avenue and South Ewing Avenue from East Saner Avenue north Frio Drive from south of East Brownlee Avenue southeast Nolen Street from Alex Street to McGowan Street District 7 Alley between South Central Expressway and Wendelkin Street from Cooper Street southeast Cooper Street from Cleveland Street to Holmes Street Cooper Street from Wendelkin Street to South Harwood Street Hamburg Street from Cleveland Street to Holmes Street Holmes Street from Peabody Avenue to Pennsylvania Avenue Holmes Street from Warren Avenue to Julius Schepps Freeway (Service Road) Panama Place from Holmes Street to Julius Schepps Freeway (Service Road) Pennsylvania Avenue from Cleveland Street to Holmes Street Wendelkin Street from Lenway Street to Metropolitan Avenue June 13, 2018 18 EXECUTIVE SESSION NOTICE A closed executive session may be held if the discussion of any of the above agenda items concerns one of the following: 1. seeking the advice of its attorney about pending or contemplated litigation, settlement offers, or any matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. [Tex. Govt. Code §551.071] 2. deliberating the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the city in negotiations with a third person. [Tex. Govt. Code §551.072] 3. deliberating a negotiated contract for a prospective gift or donation to the city if deliberation in an open meeting would have a detrimental effect on the position of the city in negotiations with a third person. [Tex. Govt. Code §551.073] 4. deliberating the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an officer or employee unless the officer or employee who is the subject of the deliberation or hearing requests a public hearing. [Tex. Govt. Code §551.074] 5. deliberating the deployment, or specific occasions for implementation, of security personnel or devices. [Tex. Govt. Code §551.076] 6. discussing or deliberating commercial or financial information that the city has received from a business prospect that the city seeks to have locate, stay or expand in or near the city and with which the city is conducting economic development negotiations; or deliberating the offer of a financial or other incentive to a business prospect. [Tex Govt. Code §551.087] 7. deliberating security assessments or deployments relating to information resources technology, network security information, or the deployment or specific occasions for implementations of security personnel, critical infrastructure, or security devices. [Tex Govt. Code §551.089] AGENDA DATE June 13, 2018 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS 1 All V NA NA 2 N/A C ATT, PKR 3 N/A C ATT Approval of Minutes of the May 23, 2018 City Council Meeting Authorize settlement of the lawsuit styled Craig Dixon v. City of Dallas, Cause No. CC-17-00771-D - Not to exceed $75,000.00 $75,000 - Financing: Current Funds Authorize an Interlocal Agreement between the City of Dallas ("City") and Dallas County ("County") to permit the City to provide Security and a Lead Planner to the County's Second Chance Community Improvement Program Court by providing support, resources and tools to non-violent offenders between the ages of 17 and 25 in the Southeast Division REV $14,320 of the city of Dallas within the zip codes of 75215 and 75210 - Revenue: $14,320 ATT GT Authorize (1) acceptance of the 2018-19 Veterans Treatment Court Grant from the Texas Veterans Commission Fund for Veterans' Assistance for continuation of the South Oak Cliff Community Court to include the South Oak Cliff Veterans Treatment Court Project for the period July 1, 2018 through June 30, 2019; (2) the establishment of appropriations in an amount not to exceed $75,000 in the 2018-19 Veterans Treatment Court Grant Fund; (3) the receipt and deposit of funds in an amount not to exceed $75,000 in the 2018-19 Veterans Treatment Court Grant Fund; and (4) execution of the grant agreement - Not to exceed $75,000 - Financing: Texas Veterans Commission Grant Funds $50,000.00 Authorize Supplemental Agreement No. 1 to the professional services contract with Ogletree, Deakins, Nash, Smoak & Stewart, P.C., for additional legal services necessary in connection with the lawsuit styled Terrance Bass, et al. v. City of Dallas, Civil Action No. 3:17-cv-03330-C - Not to exceed $50,000, from $50,000 to $100,000 - Financing: Current Funds 4 5 N/A N/A C C ATT 6 N/A C AUD NC 7 N/A C CON NC 8 All C CIS $199,796.64 9 2 C EBS, CES $449,750.00 10 2 C EBS, CES NC 11 7 C EBS, OPI, CIS, OCA $880,672.00 12 All C EBS 13 2 C EBS DESCRIPTION Authorize a budget estimate of the needs and requirements of the City Auditor’s Office for Fiscal Year 2018-19 in the amount of $3,362,063 (subject to final citywide funding adjustments for decisions that will be made on a citywide basis for items such as staff benefits, insurance, Communication and Information Services chargebacks, and other items that may affect all City departmental budgets) - Financing: No cost consideration to the City Authorize the issuance of tax-exempt bonds by the Greater Texas Cultural Education Facilities Finance Corporation in an aggregate principal amount not to exceed $25,000,000 for the benefit of Southwest Transplant Alliance, Inc. to build a new headquarters q facility y - Financing: g No cost consideration to the City y Authorize a twelve-month service contract for the continuous use of software and support of the Socrata Open Data Portal - Carahsoft Technology Corp, through the General Services Administration cooperative agreement - Not to exceed $199,797 - Financing: Communication and Information Services Current Funds Authorize a professional services contract with Simmons Design Associates, LLC to provide graphic design services for the design and development of a new wayfinding system at the Kay Bailey Hutchison Convention Center Dallas located at 650 South Griffin Street - Not to exceed $449,750 - Financing: Convention Center Capital Construction Funds Authorize (1) the rejection of the proposal received for the construction of Exhibit Hall F Roof Truss Repair at the Kay Bailey Hutchison Convention Center Dallas located at 650 South Griffin Street; and (2) the re-advertisement for new proposals - Financing: No cost consideration to the City Authorize (1) an increase to the construction services contract with Phoenix 1 Restoration and Construction, Ltd. for construction modifications and corrective actions for concealed conditions discovered during construction for the Dallas City News Studio in Fair Park located at 1620 First Avenue; and (2) an increase in appropriations in an amount not to exceed to $222,395 in the Public Educational and Governmental Access Fund - Not to exceed $880,672, from $5,146,800 to $6,027,472 - Financing: Public Educational and Governmental Access Funds ($711,507) and WRR Capital Construction Funds ($169,165) Authorize Supplemental Agreement No. 1 to the service contract for job order contracting services at City facilities with Restoration Specialists, dba RS Commercial Construction extending the contract term for an additional six months - Not $1,578,675.00 to exceed $1,578,675, from $6,314,700 to $7,893,375 - Financing: Various Funds (subject to annual appropriations) Authorize Supplemental Agreement No. 4 to exercise the second, and final five-year renewal option to extend the Compressed Natural Gas (CNG) Facilities Agreement with TranStar Energy Company, L.P., for five years to maintain and operate two public-access CNG fueling sites on city properties located at 1616 Baylor Street and 8000 Denton Drive, REV $10,000 adjacent to Love Field - Estimated Revenue: $10,000 over the five-year extension Page 1 AGENDA DATE June 13, 2018 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS DESCRIPTION 14 11 C PBW, WTR 15 8 C SAN 16 Outside C DEV, WTR Authorize a contract for the reconstruction of street paving, storm drainage, water and wastewater main improvements for Spring Grove Avenue from Alpha Road to Coit Road - Jeske Construction Company, lowest responsible bidder of ten Not to exceed $2,698,710 - Financing: 2012 Bond Funds ($2,006,560), Water Utilities Capital Improvement Funds $2,698,710.00 ($624,510) and Water Utilities Capital Construction Funds ($67,640) Authorize (1) a contract for the construction of a 52 acre waste cell, cell 6B2 and 7 at the McCommas Bluff Landfill; and site improvements that include upgraded drain pumps, control panels, electric service and discharge systems - Hammett Excavation, Inc., lowest responsible bidder of three; and (2) an increase in appropriations in an amount not to exceed $5,126,867 in the Sanitation Capital Improvement Fund - Not to exceed $5,126,867 - Financing: Sanitation Capital $5,126,866.33 Improvement Funds Authorize settlement in lieu of proceeding with condemnation of a tract of land containing approximately 46,684 square feet from Casey Owen Averitt and Robin Eliene Averitt located in Kaufman County for the Lake Tawakoni 144-inch Pipeline Project - Not to exceed $12,661, increased from $32,075 ($29,075, plus closing costs and title expenses not to exceed $3,000) to $44,736 ($41,736, plus closing costs and title expenses not to exceed $3,000) - Financing: Water $12,661.00 Utilities Capital Improvement Funds DEV, ATT Authorize (1) settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Dallas v. Hwy. 205 Farm, Ltd., et al., pending in Kaufman County Court at Law, Cause No. 84262-CC, for acquisition from Hwy. 205 Farm, Ltd., et al., of approximately 33 acres of land for right-of-way located in Kaufman County, Texas for the Lake Tawakoni 144-inch Pipeline Project; and (2) the deposit of the settlement amount reached through Court ordered mediation and negotiation of the condemnation suit for an amount not to exceed the amount of the settlement amount Not to exceed $64,841, increased from $460,159 to $525,000 ($515,000 being the settlement amount, plus closing costs and title expenses not to exceed $10,000) - Financing: Water Utilities Capital Improvement Funds 17 Outside C $64,841.00 18 Outside C DEV, ATT, WTR $857,786.00 19 Outside C DEV, ATT, WTR $49,000.00 20 Outside C DEV, WTR, ATT $29,700.00 21 Outside C DEV, WTR $55,639.00 22 2 C DEV REV $1,297 23 8 C DEV REV $5,400 Authorize (1) settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Dallas v. 635-I20 Joint Venture, et al., pending in County Court at Law No. 5, Cause No. CC-13-01705-E, for acquisition from 635I20 Joint Venture, et al., of approximately 495,065 square feet of land for right right-of-way of way located in Dallas County, Texas for the Southwest 120/96-inch Water Transmission Pipeline Project; and (2) the deposit of the settlement amount reached through Court ordered mediation and negotiation of the condemnation suit for an amount not to exceed the amount of the settlement amount - Not to exceed $857,786, increased from $953,214 ($943,214 being the award, plus closing costs and title expenses not to exceed $10,000) to $1,811,000 ($1,800,000 being the settlement amount, plus closing costs and title expenses not to exceed $11,000) - Financing: Water Utilities Capital Improvement Funds Authorize the second step of acquisition for condemnation by eminent domain to acquire a tract of vacant land containing approximately 262,824 square feet, located in Kaufman County for the Lake Tawakoni 144-inch Transmission Pipeline Project, from Freddie Kasper - Not to exceed $49,000 ($45,900, plus closing costs and title expenses not to exceed $3,100) - Financing: Water Utilities Capital Improvement Funds Authorize the second step of acquisition for condemnation by eminent domain to acquire a tract of vacant land containing approximately 5,379 square feet from Harold J. Baber located in Van Zandt County for the Lake Tawakoni 144-inch Transmission Pipeline Project - Not to exceed $29,700 ($27,750, plus closing costs and title expenses not to exceed $1,950) - Financing: Water Utilities Capital Construction Funds Authorize moving expense and replacement housing payments for Sandra Witt as a result of an official written offer of just compensation to purchase real property at 369 VZ CR 3843 for the Lake Tawakoni 144-inch Transmission Pipeline Project - Not to exceed $55,639 - Financing: Water Utilities Capital Improvement Funds An ordinance granting a private license to the Board of Regents of The University of Texas System, for the use of approximately 1,001 square feet of subsurface land to occupy, maintain and utilize a subsurface portion of Inwood Road right-of-way located near the intersection of Forest Park Road and Inwood Road - Revenue: $1,297 annually, plus the $20 ordinance publication fee An ordinance abandoning Lariat Drive to LGI Homes-Texas, LLC, the abutting owner, containing approximately 4,674 square feet of land, located near the intersection of Greenhaw Lane and Woody Road; and authorizing the quitclaim Revenue: $5,400, plus the $20 ordinance publication fee Page 2 AGENDA DATE June 13, 2018 ITEM IND # OK DEF DISTRICT TYPE 24 13 C DEPT. DEV DOLLARS DESCRIPTION REV $5,400 An ordinance abandoning a portion of a sanitary sewer easement to Daniel Brothers, L.L.P., the abutting owner, containing approximately 2,010 square feet of land, located near the intersection of Forest Lane and Inwood Road Revenue: $5,400, plus the $20 ordinance publication fee An ordinance abandoning six sanitary sewer easements, two utility easements, and two utility and fire lane easements to Daniel Brothers, L.L.P., the abutting owner, containing a total of approximately 296,609 square feet of land, located near REV $10,400 the intersection of Forest Lane and Inwood Road - Revenue: $10,400, plus the $20 ordinance publication fee Authorize (1) the receipt and deposit of funds in an amount not to exceed $36,043 from the University of Texas (UT) Southwestern Medical Center for certain material and labor costs associated with the upgrade of the traffic signal, signage and roadway striping at the UT Southwestern private driveway in the 1900 block of Inwood Road; and (2) an increase in appropriations in an amount not to exceed $36,043 in the Capital Projects Reimbursement Fund - Not to exceed $36,043 $36,042.11 Financing: Capital Projects Reimbursement Funds Authorize payment to the Texas Department of Transportation for cost overruns related to the intersection and traffic signal improvements at the following five off-system locations: Royal Lane and Abrams Road; Skillman Street and Walnut Hill Lane; Skillman Street and Lovers Lane; Walnut Hill Lane and Abrams Road; and Webb Chapel Road and Larga Drive $82,695.28 - Not to exceed $82,696 - Financing: General Funds 25 13 C DEV 26 2 C TRN 27 2, 6, 9, 10, 14 C TRN 28 All C FIR NC 29 7 C HOU NC Authorize a revision to Rule XXIV of the Civil Service Code of Rules and Regulations to allow military experience to be used in lieu of college credit for Dallas Fire-Rescue Department applicants - Financing: No cost consideration to the City Authorize the first amendment to the conditional grant agreement for 27 single-family homes on Chariot Drive, previously approved by Resolution No. 15-0861 on May 13, 2015, with Dallas Area Habitat for Humanity, Inc., who assumed the obligations of Greenleaf Ventures, LLC to (1) extend the agreement completion date from October 30, 2017 to December 31, 2019; and (2) amend the agreement to include performance thresholds and requirements - Financing: No cost consideration to the City NC Authorize ut o e tthe e first st a amendment e d e t to tthe e co conditional dto a g grant a t ag agreement ee e t for o tthe e de development e op e t o of 58 s single-family g e a y homes o es in West est Dallas located on Singleton Boulevard, previously approved by Resolution No. 15-0862 on May 13, 2015, with Greenleaf Ventures, LLC to (1) extend the agreement completion date from October 30, 2017 to December 30, 2020; and (2) amend the contract to include performance thresholds and requirements - Financing: No cost consideration to the City 30 6 C HOU 31 7 C HOU NC 32 2, 4, 7 C HOU NC 33 2 C OCA, CES $42,000.00 34 All C PBD, OCC $300,000.00 Authorize the first amendment to the conditional grant agreement for the development of 36 single-family homes on North Prairie Creek Road, previously approved by Resolution No. 16-0842 on May 25, 2016, with Greenleaf Ventures, LLC to (1) extend the agreement completion date from May 25, 2018 to May 31, 2020; and (2) amend the contract to include performance thresholds and requirements - Financing: No cost consideration to the City Authorize the first amendment to the loan agreement for the development of 10 single-family homes for the Scattered Sites Project located in the Jubilee and Dolphin Heights neighborhoods, previously approved by Resolution No. 16-0848 on May 25, 2016, with East Dallas Community Organization to (1) extend the loan agreement completion date from May 25, 2018 to November 30, 2019; and (2) amend the agreement to include performance thresholds and requirements Financing: No cost consideration to the City A resolution to ratify emergency work performed by van Enter Studio, Ltd. to remove and relocate ten bronze steer and equestrian statues from Pioneer Park located at 1428 Young Street, due to the unstable foundations compromising the stability of the sculptures - Not to exceed $42,000 - Financing: Convention and Event Services Current Funds Authorize a one-year service contract to administer a teen pregnancy prevention program - North Texas Alliance to Reduce Unintended Pregnancy in Teens, most advantageous proposer of two - Not to exceed $300,000 - Financing: General Funds (subject to appropriations) Page 3 AGENDA DATE June 13, 2018 ITEM IND # OK DEF DISTRICT TYPE DEPT. 35 All C PBD, EBS 36 All C PBD, ECO 37 All C PBD, POL, OEM 38 All C PBD, PKR 39 All C PBD, CES, PKR, WTR, AVI, SAN, TWM 40 All C PKR 41 All C WTR DOLLARS DESCRIPTION Authorize a one-year service contract for the rental of vehicles and equipment - CLS Sewer Equipment Co., Inc. in the amount of $1,742,750, Herc Rentals, Inc. in the amount of $476,603, Holt Texas, LTD in the amount of $465,515, Accent/Johnston Limousine, Inc. dba AJL International in the amount of $302,813, Kirby-Smith Machinery, Inc. in the amount of $262,630, Enterprise Rent-A-Car dba EAN Holdings, LLC in the amount of $75,780, Crafco, Inc. in the amount of $32,667, and Bane Machinery, Inc. in the amount of $21,050, lowest responsible bidders of nine - Total not to exceed $3,379,807.50 $3,379,808 - Financing: Equipment Services Current Funds (subject to annual appropriations) Authorize a consultant contract for a comprehensive economic development strategic plan for the Office of Economic Development - Angelou Economic Advisors, Inc., most advantageous proposer of three - Not to exceed $195,000 $195,000.00 Financing: General Funds Authorize a three-year master agreement for binocular night vision devices for the Dallas Police Department - Defense Solutions Group, Inc. dba DSG Arms, lowest responsible bidder of two - Not to exceed $443,560 - Financing: General $221,780.00 Funds ($221,780) and U.S. Department of Homeland Security Grant Funds ($221,780) Authorize a three-year master agreement for the purchase of steel drum trash receptacles, lids, and bases for the Park & Recreation Department - Tamra Group, Inc. dba Engage Industrial Solutions, lowest responsible bidder of four - Not to $405,888.75 exceed $405,889 - Financing: General Funds Authorize a three-year master agreement for printed goods - AC Printing in the amount of $1,973,870, Janus Signs dba FastSigns Skillman in the amount of $454,347, and Visual Communications in the amount of $322,551, most advantageous proposers of four - Total not to exceed $2,750,768 - Financing: General Funds ($2,261,138), Water Utilities Current Funds ($171,255), Sanitation Current Funds ($120,500), Convention and Event Services Current Funds $2,750,768.00 ($74,975), Stormwater Drainage Management Current Funds ($69,450), and Aviation Current Funds ($53,450) Authorize a Sub-Grant Memorandum of Understanding with the Dallas Parks Foundation for the implementation of a NC community outreach outdoor program - Financing: No cost consideration to the City Authorize (1) an 18-month master agreement for water and wastewater small services installations in the amount of $7,966,845; $ ,966,8 5; ((2)) a co contract t act for o tthe e installation sta at o o of water ate a and d wastewater aste ate mains a s at 14 locations ocat o s in tthe ea amount ou t o of $3,68 $3,687,465 , 65 (list attached); and (3) an 18-month master agreement for water and wastewater mainline extensions and emergency mainline installations and relocations at various locations in the amount of $3,097,492 with Omega Contracting, Inc., only bidder - Total not to exceed $14,751,802 - Financing: Water Utilities Capital Construction Funds ($11,064,337) and $14,751,802.00 Water Utilities Capital Improvement Funds ($3,687,465) 42 Outside C WTR $741,064.15 43 N/A I SEC NC 44 N/A I ATT NC Authorize an increase in the construction services contract with Quest Civil Constructors, Inc. for additional work associated with the cleaning and rehabilitation of a residuals basins site at the Elm Fork Water Treatment Plant - Not to exceed $741,065, from $48,242,006 to $48,983,071 - Financing: Water Utilities Capital Improvement Funds Consideration of appointments to boards and commissions and the evaluation and duties of board and commission members (List of nominees is available in the City Secretary's Office) An ordinance (1) appointing 10 full-time municipal judges and 18 associate (part-time) municipal judges to preside over the City of Dallas municipal court of record for a term ending May 31, 2020; (2) appointing an administrative municipal judge for the City of Dallas municipal court of record for a two-year term ending May 31, 2020; and (3) establishing the annual salary for the full-time and associate (part-time) municipal judges and the administrative municipal judge Financing: This action has no cost consideration to the City NC An ordinance amending Chapter 18, "Municipal Solid Wastes," of the Dallas City Code, by amending Sections 18-2 and 18-12.1; adding Article IV-a; (1) clarifying and adding definitions; (2) providing regulations for owners of multifamily sites regarding collection and removal of recyclable materials from multifamily sites; (3) adding a new article regarding multifamily site recycling collection and removal services; (4) providing permit and reporting requirements for multifamily site recycling collection service businesses; (5) provide guidelines regarding inspections of vehicles of multifamily site recycling collection service businesses and provisions regarding suspensions and revocations of recycling permits; and (6) providing a penalty not to exceed $500 - Financing: No cost consideration to the City 45 All I SAN Page 4 AGENDA DATE June 13, 2018 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS 46 13 I DEV REV $5,400 47 All I MCC FC 48 49 8 8 DESCRIPTION An ordinance amending Ordinance No. 30111, previously approved on June 15, 2016, which abandoned a portion of Montwood Lane and a garbage collection and utility easement, located near the intersection of Merrell and Midway Roads to The Episcopal School of Dallas, Inc. and WBL Family Investments, Inc., to extend the deadline to complete alley improvements from two years to thirty-three months and provide for the requirement of a new condition - Revenue: $5,400, plus the $20 ordinance publication fee A resolution amending City Council Rules of Procedure Section 6.1(c)(1) to begin the second Wednesday city council voting agenda meeting at 2:00 p.m., with the public hearings to begin not earlier than 6:00 p.m. - Financing: Future cost consideration to the City (Medrano, Narvaez, Kingston, Felder, Griggs) I Authorize the following agreements in consideration of the renovation and redevelopment of the shopping mall located at 3662 West Camp Wisdom Road known as Red Bird Mall to authorize: (1) a conditional grant agreement with 3662 Investors LP or an affiliate thereof in an amount not to exceed $10,000,000; (2) a 15-year interest only loan in an amount not to exceed $12,000,000 with 3662 Investors LP or an affiliate thereof; (3) a development agreement awarding an amount not to exceed $15,600,000 in tax increment funding from the Mall Area Redevelopment Tax Increment Financing District with 3662 Investors LP or an affiliate thereof; (4) an assignment of all increment payable under the development agreement to the City of Dallas; (5) an amendment to the existing Chapter 380 grant agreement with WCWRD Inc. to extend all dates in the agreement by 18 months; (6) a loan payment guarantee agreement with 3662 Investors LP; and (7) an increase in appropriations in an amount not to exceed $8,012,200 in ECO (I) Fund - Total not to exceed $37,600,000 Financing: 2006 Bond Funds ($244,518), 2012 Bond Funds ($1,743,282), 2017 Bond Funds ($8,012,200), Mall Area ECO, PBW $37,600,000.00 Redevelopment TIF District Funds ($15,600,000) and Public/Private Partnership Funds ($12,000,000) I Project Apollo: Authorize a real property tax abatement agreement with Becknell Industrial Operating Partnership, L.P. for the purpose of granting a ten-year abatement of 50 percent of the taxes on added value to the real property for the proposed development of a build-to-suit manufacturing facility situated on approximately 31 acres of property located in the 9900 block of Bonnie View Road/Logistics Drive, south of Telephone Road and north of Wintergreen Road in southern Dallas within the International Inland Port of Dallas, in accordance with the City’s Public/Private Partnership Program REV $734,259 Estimated Revenue Foregone: $734,259 over ten years ECO 50 8 I ECO 51 8 I ECO 52 2 I DEV Project Apollo: Authorize a business personal property tax abatement agreement with Vistaprint Manufacturing Texas LLC for the purpose of granting a five-year abatement of 50 percent of the taxes on added value to the business personal property for the proposed development of a build-to-suit manufacturing facility situated on approximately 31 acres of property located in the 9900 block of Bonnie View Road/Logistics Drive, south of Telephone Road and north of Wintergreen Road in southern Dallas within the International Inland Port of Dallas, in accordance with the City’s REV $612,210 Public/Private Partnership Program - Estimated Revenue Foregone: $612,210 over five years Project Apollo: Authorize a Chapter 380 economic development grant agreement with Vistaprint Manufacturing Texas LLC for cost assistance with workforce development programs for residents of the city of Dallas associated with the proposed development of a build-to-suit manufacturing facility located in the 9900 block of Bonnie View Road/Logistics Drive, south of Telephone Road and north of Wintergreen Road in southern Dallas within the International Inland Port of Dallas, in accordance with the City’s Public/Private partnership Program - Not to exceed $300,000 - Financing: Public/Private $300,000.00 Partnership Funds Authorize an historic preservation tax exemption for Knights of Pythias/Union Bankers Bank located at 2557 Elm Street for a ten-year period on 100 percent of the land and structure value - Revenue Forgone: First year of tax revenue foregone is estimated at $56,256 for the historic building and $112,135 for the addition (Estimated revenue forgone over ten years is a total of $644,917 for the historic building and $1,285,479 for the addition, for an overall total of $1,930,414) (This item was REV $-1,930,414 deferred on May 23, 2018) DEV A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1957 for an attached projecting non-premise district activity videoboard sign on property zoned Planned Development District No. 619 in an area bound by Pacific Avenue, St. Paul Street, Elm Street and South Ervay Street 53 14 PH NC Page 5 AGENDA DATE June 13, 2018 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS 54 6 PH DEV NC 55 3 PH DEV NC 56 12 PH DEV NC 57 6 PH DEV NC 58 1 PH DEV NC 59 1 PH DEV NC 60 8 PH DEV NC 61 8 PH DEV NC 62 8 PH DEV NC 63 7 PH DEV NC 64 2 PH DEV NC 65 8 PH DEV NC 66 All PH DEV NC DESCRIPTION A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for MF-1(A) Multifamily District uses and a community service center on property zoned a CR Community Retail District and an R-5(A) Single Family District with Neighborhood Stabilization Overlay No. 13, on the west side of Topeka Avenue, south of Pueblo Street 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 an RR-D Regional Retail District with a D Liquor Control Overlay on the northeast corner of West Camp Wisdom Road and Marvin D Love Frontage Road, east of Marvin D Love Freeway (US 67) A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1702 for a tower/antenna for cellular communication on property zoned a CR Community Retail District, east of Preston Road and south of Campbell Road A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1728 for an extended stay hotel or motel use and an ordinance terminating a portion of Specific Use Permit No. 98 for quarrying and mining operations on property zoned an IM Industrial Manufacturing District, on the east line of North Cockrell Hill Road, north of Dallas-Fort Worth Turnpike A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a private recreation center, club or area use on property zoned D(A) Duplex District, on the south line of West 10th Street, east of South Tyler Street A public hearing to receive comments regarding an application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District on the northeast corner of West Illinois Avenue and Andrews Street A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a private recreation center, club, or area on property zoned an A(A) Agricultural District on the south line of Tea Garden Road, west of Haymarket Road Ap public hearing g to receive comments regarding g g an application pp for and an ordinance g granting g an IR Industrial Research District and an ordinance granting a Specific Use Permit for an Industrial (outside) not potentially incompatible use limited to a concrete batch plant on property zoned an A(A) Agricultural District, on the south line of Simpson Stuart Road, west of South Central Service Expressway A public hearing to receive comments regarding an application for and an ordinance granting a CS Commercial Service District; a resolution accepting deed restrictions volunteered by the applicant; and an ordinance granting a Specific Use Permit for outside sales on property zoned an R-10(A) Single Family District on the west line of South Belt Line Road, north of Sarah Lane A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 2074 for a potentially incompatible industrial use limited to metal or metal product treatment or processing on property zoned RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District, on the north corner of South Harwood Street and Coombs Street A public hearing to receive comments regarding an application for and an ordinance granting an expansion of Subdistrict 2 (Moderate Density Mixed Use Corridors) on property zoned Subdistrict 1 (Moderate Density Residential) within Planned Development District No. 317, the Cedars Area Special Purpose District, on the west side of Beaumont Street, north of Gould Street A public hearing to receive comments regarding an application for and an ordinance granting a CR Community Retail District and a resolution accepting deed restrictions volunteered by the applicant on property zoned an R-7.5(A) Single Family District, on the south line of East Ledbetter Drive, east of South Lancaster Road A public hearing to receive comments regarding consideration of amendments to Chapter 51A of the Dallas Development Code, Article XIII, “Form Districts,” to amend regulations pertaining to access to transit, self-service storage uses, administrative waivers, story height, stoops and front porches, structured parking, single family districts, street frontage, landscaping, and off-street loading and an ordinance granting the amendments Page 6 AGENDA DATE June 13, 2018 ITEM IND # OK DEF DISTRICT TYPE 67 All PH DEPT. DEV DOLLARS DESCRIPTION NC A public hearing to receive comments regarding consideration of amendments to Chapter 51 and Chapter 51A of the Dallas Development Code: (1) Article IX to create regulations to allow ceremonial street naming; and (2) Article I to establish fees for ceremonial street naming and amend fees for street name change and an ordinance granting the amendments 68 All PH DEV NC 69 5 PH PBW, WTR NC 70 1 PH DEV NC 71 N/A PH OFS NC 72 14 PH DEV NC TOTAL A public hearing to receive comments regarding amendments to Chapter 51 and Chapter 51A of the Dallas Development Code and consideration given to: (1) an ordinance granting amendments to clarify language regarding handicapped parking regulations; (2) an ordinance granting amendments to clarify language regarding board of adjustment same matter back to same panel; (3) an ordinance granting amendments to clarify language regarding number of duplicate applications required for remote parking procedures and sign permits; (4) an ordinance granting amendments to clarify language regarding instances where “director of parks and recreation” should be amended to “building official”; (5) an ordinance granting amendments to clarify language regarding pedestrian skybridges; (6) an ordinance granting amendments to clarify language regarding light poles, handicap ramps, air conditioning units, and generators in required front, side, and rear yards as applicable, and clarification of associated noise regulation standards; and (7) an ordinance granting amendments to clarify language regarding remote parking for church use A benefit assessment hearing to receive comments on street paving, drainage, water and wastewater main improvements for Gardenview Drive from Alto Garden Drive to Loma Garden Avenue; and at the close of the hearing, authorize an ordinance levying benefit assessments - Financing: No cost consideration to the City (see Fiscal Information for potential future costs) A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from an open-enrollment charter school, Texans Can Academy [DBA Dallas Can Academy] as required by Section 6-4 of the Dallas City Code to allow a mixed-beverages permit (Chapter 28) for a restaurant without drive-in or drive-through service with a food and beverage certificate [Slam Tilt, Inc.] on the south line of Jefferson Boulevard, east of Bishop Avenue AV178-002 - Financing: This action has no cost consideration to the City A p public hearing g to receive comments on ((1)) the Proposed p FY 2018-19 HUD Consolidated Plan Budget g for U.S. Department of Housing and Urban Development Grant Funds; (2) the Proposed FY 2017-18 Reprogramming Budget; and (3) an amendment to the five-year Consolidated Plan to extend the covered period by one year, from September 30, 2018 to September 30, 2019 - Financing: No cost consideration to the City An appeal of the City Plan Commission’s decision to deny a waiver of the two-year waiting period to submit an application for an amendment to Planned Development District No. 691, with an MD-1 Modified Delta Overlay and a D Liquor Control Overlay on a portion, on the northwest corner of Greenville Avenue and Lewis Street - W178-005 - Financing: This action has no cost consideration to the City $72,935,944.76 Page 7 STRATEGIC PRIORITY: AGENDA ITEM # 2 Government Performance and Financial Management AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): N/A DEPARTMENT: City Attorney's Office Park & Recreation Department CMO: Larry Casto, 670-1333 Willis Winters, 670-4071 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize settlement of the lawsuit styled Craig Dixon v. City of Dallas, Cause No. CC-17-00771-D – Not to exceed $75,000 - Financing: Current Funds BACKGROUND Plaintiff Craig Dixon filed a lawsuit against the City of Dallas seeking compensation for bodily injuries and other damages sustained in an automobile collision on April 7, 2015, involving a Dallas Park & Recreation Department vehicle. The City and Mr. Dixon have reached a proposed settlement subject to City Council approval. Mr. Dixon is represented by the Law Office of Ben C. Martin. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City Council will be briefed by memorandum on June 8, 2018. FISCAL INFORMATION Funding for this item is budgeted in the current fiscal year. Current Funds - $75,000 COUNCIL CHAMBER June 13, 2018 WHEREAS, a lawsuit styled Craig Dixon v. City of Dallas, Cause No. CC-17-00771-D, was filed by the plaintiff, Craig Dixon, seeking compensation from the City of Dallas, for bodily injuries and other damages sustained in an automobile collision on April 7, 2015, involving a Dallas Park & Recreation Department vehicle; and WHEREAS, the plaintiff has agreed to a settlement of the case whereby the City will pay Craig Dixon, the Law Office of Ben C. Martin, and all other persons having an interest in the settlement proceeds, the total amount of $75,000; and WHEREAS, it is in the best interest of the City to settle this lawsuit. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the proposed settlement of the lawsuit, styled Craig Dixon v. City of Dallas, Cause No. CC-17-00771-D, in an amount not to exceed $75,000 is hereby approved. SECTION 2. That the Chief Financial Officer is hereby authorized to pay Craig Dixon, the Law Office of Ben C. Martin, and all other persons having an interest in the settlement proceeds, the amount of $75,000, from Fund 0192, Department ORM, Unit 3890, Object 3521, Vendor CTORM001. SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 3 STRATEGIC PRIORITY: Human and Social Needs AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): N/A DEPARTMENT: City Attorney's Office CMO: Larry Casto, 670-1333 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize an Interlocal Agreement between the City of Dallas ("City") and Dallas County ("County") to permit the City to provide Security and a Lead Planner to the County's Second Chance Community Improvement Program Court by providing support, resources and tools to non-violent offenders between the ages of 17 and 25 in the Southeast Division of the city of Dallas within the zip codes of 75215 and 75210 Revenue: $14,320 BACKGROUND On July 5, 2016, Dallas County approved the acceptance of a Bureau of Justice Assistance grant in the amount of $200,000 from the United States Department of Justice (USDOJ) for the Dallas County Public Defender's Office South Dallas Second Chance Community Improvement Program (SCCIP) for the period of July 1, 2016, through June 30, 2018; and execution of the grant agreement by Court Order 2016-0860. Though its partnership with South Dallas Community Court and Dallas Police Department, SCCIP Court will improve offender's lives though particularized strategies of building support systems and coping skills, and providing services that aid the offender in making better choices; forge and strengthen partnerships between law enforcement and the community; increase public trust in the court system; and improve the quality of life and public safety in the 75215 and 75210 zip codes though community service by offenders, and reducing recidivism among persons ages 17-25. City shall provide Security for each court hearing held at the South Dallas Community Court and coordination and management of the program by the Lead Planner. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City Council will be briefed by memorandum on June 8, 2018. INFORMATION Revenue - $14,320 Agenda Date 06/13/2018 - page 2 COUNCIL CHAMBER June 13, 2018 WHEREAS, Dallas County ("County") received a grant in the amount of $200,000 from the United States Department of Justice (USDOJ). Though its partnership with South Dallas Community Court and Dallas Police Department, Second Chance Community Improvement Program (SCCIP) Court will improve offender's lives though particularized strategies of building support systems and coping skills, and providing services that aid the offender in making better choices; forge and strengthen partnerships between law enforcement and the community; increase public trust in the court system; and improve the quality of life and public safety in the 75215 and 75210 zip codes though community service by offenders, and reducing recidivism among persons ages 17-25; and WHEREAS, City shall provide Security for each court hearing held at the South Dallas Community Court and coordination and management of the program by the Lead Planner; and WHEREAS, on July 5, 2016, the County approved the acceptance of a Bureau of Justice Assistance grant from the USDOJ for Dallas County Public Defender's Office South Dallas SCCIP for the period of July 1, 2016, through June 30, 2018; and execution of the grant agreement by Court Order 2016-0860; and WHEREAS, under this Interlocal Agreement, the County will recompense revenue to the City for providing Security and a Lead Planner to the County's SCCIP Court, in the amount of $14,320. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to sign an Interlocal Agreement with Dallas County, approved as to form by the City Attorney, to permit the City to provide Security and a Lead Planner to the County's Second Chance Community Improvement Program Court by providing support, resources and tools to non-violent offenders between the ages of 17 and 25 in the Southeast Division of the city of Dallas within the zip codes of 75215 and 75210. SECTION 2. That the Chief Financial Officer is hereby authorized to receive and deposit all revenues in an amount not to exceed $14,320 from Dallas County in the General Fund, Fund 0001, Department ATT, Unit 1363, Revenue Code 7456, and Fund 0001, Department EBS, Unit TBD, Revenue Code 7456. SECTION 3. That the Interlocal Agreement between the City of Dallas and Dallas County is designated as Contract No. ATT-2018-00006616. COUNCIL CHAMBER June 13, 2018 SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 4 STRATEGIC PRIORITY: Human and Social Needs AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): N/A DEPARTMENT: City Attorney's Office CMO: Larry Casto, 670-1333 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize (1) acceptance of the 2018-19 Veterans Treatment Court Grant from the Texas Veterans Commission Fund for Veterans' Assistance for continuation of the South Oak Cliff Community Court to include the South Oak Cliff Veterans Treatment Court Project for the period July 1, 2018 through June 30, 2019; (2) the establishment of appropriations in an amount not to exceed $75,000 in the 2018-19 Veterans Treatment Court Grant Fund; (3) the receipt and deposit of funds in an amount not to exceed $75,000 in the 2018-19 Veterans Treatment Court Grant Fund; and (4) execution of the grant agreement - Not to exceed $75,000 - Financing: Texas Veterans Commission Grant Funds BACKGROUND This item will authorize the acceptance and execution of the Veterans Treatment Court Grant from the Texas Veterans Commission Fund for Veterans’ Assistance. The Commission awarded the City a one-year grant with the project period from July 1, 2018 to June 30, 2019. The Veterans Treatment Court (VTC) seeks to identify veterans with chemical dependency who have at least one unadjudicated City of Dallas criminal citation. Eligible veterans will be offered an opportunity to participate in the VTC Program where their criminal citations will be adjudicated and they will be assessed and assigned a case manager and referred to services such as alcohol/drug treatment and recovery support services. The VTC docket will be held at the South Oak Cliff Community Court, which is located inside the Dallas Area Rapid Transit Police Headquarters at 2111 South Corinth Street. The Texas Veterans Commission has awarded the City $75,000 in support of the VTC program. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 22, 2016, City Council authorized acceptance of the 2016-17 Veterans Treatment Court Grant from the Texas Veterans Commission Fund for Veterans' Assistance for expansion of the South Oak Cliff Community Court to include South Oak Cliff Veterans Treatment Court Project for the period July 1, 2016 through June 30, 2017; approval to create two new new full-time positions to execute the proposed project; and execution of the grant agreement by Resolution No. 16-1118. FISCAL INFORMATION Texas Veterans Commission Grant Funds - $75,000 Agenda Date 06/13/2018 - page 2 COUNCIL CHAMBER June 13, 2018 WHEREAS, On June 22, 2016, City Council authorized acceptance of the 2016-17 Veterans Treatment Court Grant from the Texas Veterans Commission for Expansion of the South Oak Cliff Community Court to include South Oak Cliff Veterans Treatment Court project for the period July 1, 2016 through June 30, 2017; approval to create two new full-time positions to execute the proposed project; and execution of the grant agreement by Resolution No. 16-1118. WHEREAS, the City of Dallas seeks to continue the Veterans Treatment Court docket at the South Oak Cliff Community Court that will incorporate alcohol/drug treatment, recovery support services, screening, assessment, case management, and program coordination specifically for veterans; and WHEREAS, the Fund for Veterans Assistance of the Texas Veterans Commission has awarded the City a one-year grant with the project period from July 1, 2018 to June 30, 2019; and WHEREAS, the Texas Veterans Commission’s Fund for Veterans Assistance has made grant funds available during the 2017-18 fiscal year and partially during the 2018-19 fiscal year to offer veterans facing criminal charges for substance abuse and possession an opportunity to enter a substance abuse recovery program in lieu of jail time; and WHEREAS, the grant funding would benefit the City in its endeavor to reduce crime and help affected veterans become drug free and self-sufficient; and WHEREAS, the City finds it in the best interest of the City's residents that the grant funds be accepted for the 2017-18 fiscal year and partially during the 2018-19 fiscal year; and WHEREAS, the City agrees that in the event of loss or misuse of the grant funds, the City will return the funds identified as ineligible to the Texas Veterans Commission; and WHEREAS, the City designates the City Manager or his designee as the grantee’s authorized official, who has the power to apply for, accept, reject, alter, or terminate the grant on behalf of the City. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: COUNCIL CHAMBER June 13, 2018 SECTION 1. That the City Manager is hereby authorized to accept the 2018-19 Veterans Treatment Court Grant from the Texas Veterans Commission for continuation of the South Oak Cliff Community Court to include the South Oak Cliff Veterans Treatment Court Project for the period July 1, 2018 through June 30, 2019, in an amount not to exceed $75,000; and sign the grant agreement with the Texas Veterans Commission, approved as to form by the City Attorney. SECTION 2. That the City Manager is hereby authorized to establish appropriations in an amount not to exceed $75,000 in the 2018-19 Veterans Treatment Court Grant Fund, Fund S326, Department ATT, Unit 3633, various Object Codes per the attached Schedule. SECTION 3. That the Chief Financial Officer is hereby authorized to receive and deposit grant funds in the amount not to exceed $75,000 in the 2018-19 Veterans Treatment Court Grant Fund, Fund S326, Department ATT, Unit 3633, and Revenue Code 6516. SECTION 4. That the Chief Financial Officer is hereby authorized to disburse grant funds in an amount not to exceed $75,000 from the 2018-19 Veterans Treatment Court Grant Fund, Fund S326, Department ATT, Unit 3633, per the attached Schedule. SECTION 5. That the City Manager is hereby authorized to reimburse the Texas Veterans Commission Fund for Veterans' Assistance of any expenditure identified as ineligible. The City Manager shall notify the appropriate City Council Committee of expenditures identified as ineligible not later than 30 days after the reimbursement. SECTION 6. That the City Manager shall keep the appropriate City Council Committee informed of all final Texas Veterans Commission Fund for Veterans' Assistance monitoring reports not later than 30 days after the receipt of the report. SECTION 7. That this contract is designated as Contract No. ATT-2018-00006617. SECTION 8. 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. Texas Veterans Commision - Veterans Treatment Court Grant ATT Obj. BUDGET (July 1, 2018 - June 30, 2019) 1101 1301 Salaries $ Pension $ 1304 Health Insurance 1306 2110 2232 2252 2280 3070 3090 3092 3361 FICA Security Services $ $ $ $ $ $ $ $ $ Professional Development $ 26,500 3,816 3,108 384 1,154 425 300 2,550 16,775 10,580 8,658 750 Total $ 75,000 Office Supplies Food Supplies Metered Postage Other Supplies Professional Services City Forces STRATEGIC PRIORITY: AGENDA ITEM # 5 Government Performance and Financial Management AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): N/A DEPARTMENT: City Attorney's Office CMO: Larry Casto, 670-1333 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize Supplemental Agreement No. 1 to the professional services contract with Ogletree, Deakins, Nash, Smoak & Stewart, P.C., for additional legal services necessary in connection with the lawsuit styled Terrance Bass, et al. v. City of Dallas, Civil Action No. 3:17-cv-03330-C - Not to exceed $50,000, from $50,000 to $100,000 Financing: Current Funds BACKGROUND Supplemental Agreement No. 1 will authorize Ogletree, Deakins, Nash, Smoak & Stewart, P.C., to continue providing legal services in connection with the lawsuit styled Terrance Bass, et al. v. City of Dallas, Civil Action No. 3:17-cv-03330-C. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City Council will be briefed in Executive Session on June 6, 2018. FISCAL INFORMATION Funding for this item is budgeted in the current fiscal year. Current Funds - $50,000 COUNCIL CHAMBER June 13, 2018 WHEREAS, on January 12, 2018, Administrative Action No. 18-5130, authorized a professional services contract with Ogletree, Deakins, Nash, Smoak & Stewart, P.C., for legal services necessary in connection with the representation of the City of Dallas in the lawsuit styled Terrance Bass, et al. v. City of Dallas, Civil Action No. 3:17-cv-03330-C, in an amount not to exceed $50,000; and WHEREAS, the professional legal services of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., continue to be necessary. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to sign Supplemental Agreement No. 1 to the professional services contract with Ogletree, Deakins, Nash, Smoak & Stewart, P.C., approved as to form by the City Attorney, for additional legal services necessary in the lawsuit styled Terrance Bass, et al. v. City of Dallas, Civil Action No. 3:17-cv-03330-C, in an amount not to exceed $50,000, increasing the original contract amount from $50,000 to $100,000. SECTION 2. That the Chief Financial Officer is hereby authorized to disburse funds in an amount not to exceed $50,000, in periodic payments to Ogletree, Deakins, Nash, Smoak & Stewart, P.C., from Fund 0192, Department ORM, Unit 3890, Object 3033, Contract No. ATT-2018-00005161, Vendor VC0000010490. SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. STRATEGIC PRIORITY: AGENDA ITEM # 6 Government Performance and Financial Management AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): N/A DEPARTMENT: City Auditor CMO: Craig Kinton, 670-3222 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize a budget estimate of the needs and requirements of the City Auditor’s Office for Fiscal Year 2018-19 in the amount of $3,362,063 (subject to final citywide funding adjustments for decisions that will be made on a citywide basis for items such as staff benefits, insurance, Communication and Information Services chargebacks, and other items that may affect all City departmental budgets) - Financing: No cost consideration to the City BACKGROUND The Dallas City Charter, Chapter IX establishes the City Auditor’s Office as an independent audit function with the primary responsibility of serving at the direction of the City Council. Proposition 5 (Approved on 11-4-2014) amended the Dallas City Charter Chapter XI, Sec. 2 to require the City Auditor to furnish a budget estimate of the needs and requirements of the City Auditor’s Office for the coming year directly to the City Council, to be approved by the City Council, and then consolidated with the City Manager's annual budget estimate. (Amendment of 11-8-2005, Proposition Number 13; Amendment of 11-4-2014, Proposition Number 5) PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Information about this item was provided to the Government Performance & Financial Management Committee on May 21, 2018. Motion made by Councilmember Kleinman and seconded by Councilmember Griggs that the Government Performance & Financial Management Committee approve the budget estimate, subject to final citywide adjustments, and recommend full City Council approval for inclusion in the City Manager’s annual budget estimate for Fiscal Year 2018-19. The motion was passed unanimously. INFORMATION No cost consideration to the City. Agenda Date 06/13/2018 - page 2 COUNCIL CHAMBER June 13, 2018 WHEREAS, on May 21, 2018, the Government Performance & Financial Management Committee unanimously voted to recommend approval by the full City Council the City Auditor’s Office budget estimate of $3,362,063, subject to final citywide adjustments, for inclusion in the City Manager’s annual budget estimate for Fiscal Year 2018-19. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Auditor’s Office budget estimate of $3,362,063, subject to final citywide funding adjustments for decisions that will be made on a citywide basis for items such as staff benefits, insurance, Communication and Information Services chargebacks, and other items that may affect all City departmental budgets be included in the City Manager’s annual budget estimate for Fiscal Year 2018-19. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. STRATEGIC PRIORITY: AGENDA ITEM # 7 Government Performance and Financial Management AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): N/A DEPARTMENT: City Controller's Office CMO: Elizabeth Reich, 670-7804 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize the issuance of tax-exempt bonds by the Greater Texas Cultural Education Facilities Finance Corporation in an aggregate principal amount not to exceed $25,000,000 for the benefit of Southwest Transplant Alliance, Inc. to build a new headquarters facility - Financing: No cost consideration to the City BACKGROUND Greater Texas Cultural Education Facilities Finance Corporation (the “Issuer”) intends to issue tax-exempt bonds (the "Bonds") in an aggregate principal amount not to exceed $25,000,000 whereby the Issuer would borrow money from bond holders and loan the proceeds to Southwest Transplant Alliance, Inc. (the “Borrower”) to build a new headquarters facility in the City of Dallas. The Borrower will move from its current headquarters facility at 5489 Blair Road, Dallas, Texas 75231, less than one mile away, to a new headquarters facility at 8190 Midtown Boulevard, Dallas, Texas 75231. The Borrower is a Texas non-profit corporation that serves over 280 hospitals in the region. Its staff work in hospitals to guide grieving families through the organ donation process and to provide the clinical services needed to recover, prepare, and transport organs to those awaiting a life-saving transplant. As the Project is located within the City of Dallas, Section 147(f) of the Internal Revenue Code of 1986, and the Treasury regulations promulgated thereunder, require that in order for interest paid on the Bonds to be exempt from United States federal income taxation, an “applicable elected representative” of the City of Dallas must approve the issuance of the bonds after a public hearing following reasonable notice. The City of Dallas is not being asked to make a loan to the Borrower, to guarantee the credit of the Borrower, or to provide funds or credit support for the financing in any manner. The bonds will not be a debt or liability of the City, and the City's name will not appear on the bonds. This request is being made solely to meet the requirements for tax-exempt bonds imposed by the Internal Revenue Code. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Government Performance and Financial Management Committee will be briefed on June 4, 2018. FISCAL INFORMATION No cost consideration to the City. Agenda Date 06/13/2018 - page 2 COUNCIL CHAMBER June 13, 2018 WHEREAS, the Greater Texas Cultural Education Facilities Finance Corporation (the "Issuer") was created pursuant to and in accordance with Chapter 337 of the Texas Local Government Code and Chapter 22 of the Texas Business Organizations Code for the purpose of acquiring, constructing, providing, improving, and financing education, cultural, public health, medical, and other facilities; and WHEREAS, Southwest Transplant Alliance, Inc., a Texas non-profit corporation (the "Borrower"), is undertaking the following project (the “Project”): (a) the acquisition of approximately 3.265 acres of land located at 8190 Midtown Boulevard, Dallas, Texas 75231; and (b) the construction, acquisition, equipping, and furnishing on the land described in (a) above of a building and other facilities containing approximately 60,000 square feet (but not expected to exceed 80,000 square feet), to be used for medical transplant services and related purposes; and WHEREAS, the Borrower has requested that the Issuer issue bonds to finance the Project in an aggregate principal amount not to exceed $25,000,000 (the "Bonds"); and WHEREAS, pursuant to section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer has caused to be published a notice of public hearing with respect to the issuance of the Bonds for the Project, and held such a hearing after reasonable notice, at 9:30 a.m. on May 29, 2018, at 4381 W. Green Oaks Boulevard, Suite 200, Arlington, Texas 76016 (the "TEFRA Hearing"); and WHEREAS, pursuant to the provisions of section 147(f)(2)(A)(ii) of the Code, the City Council of the City of Dallas, Texas (the “City”) after the TEFRA Hearing, following reasonable notice, must approve issuance of the Bonds by the Issuer to enable the Bonds to qualify as tax-exempt obligations under the Code. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Council, solely for the purposes of section 147(f)(2)(A)(ii) of the Code, hereby approves the proposed issuance of the Bonds by the Issuer for the benefit of the Borrower, in an amount not to exceed $25,000,000. COUNCIL CHAMBER June 13, 2018 SECTION 2. That the foregoing approval is given in accordance with the provisions of section 147(f)(2)(A)(ii) of the Code and for no other purposes and is not to be construed as an undertaking by the City. The Bonds shall not constitute a liability, indebtedness, or an obligation of the City nor shall any of the assets, revenues, or taxing power of the City be pledged to the payment of the Bonds. SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. STRATEGIC PRIORITY: AGENDA ITEM # 8 Government Performance and Financial Management AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): All DEPARTMENT: Department of Communication and Information Services CMO: Jody Puckett, 670-3390 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize a twelve-month service contract for the continuous use of software and support of the Socrata Open Data Portal - Carahsoft Technology Corp, through the General Services Administration cooperative agreement - Not to exceed $199,797 Financing: Communication and Information Services Current Funds BACKGROUND This action does not encumber funds; the purpose of a service contract is to establish firm pricing for services, for a specific term, which are ordered on an as needed basis. This service contract will provide continued use and support of the Socrata Open Data Portal, which is utilized by various City departments. This solution is related to data transparency initiatives which allows for publishing City data to the web. The software empowers end users with tools for sharing of information and delivery of a fully branded data portal that allows users to:    Perform robust searches for City data and information based on categories, tags, popularity and other common browsing methods Generate reports, dash boards and published data Offer citizens better access to City data, which creates opportunities for greater transparency This service contract will also include annual software upgrades, 24/7 professional support, access to annual technology conference, access to demonstrations and workshops on new software releases. BACKGROUND (continued) The General Services Administration is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code. Section 271.102 of the Texas Local Government Code authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Quality of Life and Environment Committee was briefed by memorandum on March 23, 2015. On March 25, 2015, City Council authorized a twelve-month renewal service agreement for software use and support of the Socrata Open Data Portal with Alamo City Engineering Services, Inc. through the U.S. General Services Administration by Resolution No. 15-0483. Information about this item was provided to the Budget, Finance, and Audit Committee on March 21, 2016. On March 23, 2016, City Council authorized a twelve-month service agreement for renewal of software use and support of the Socrata Open Data Portal with Carahsoft Technology Corp, through the U.S. General Services Administration procurement price list by Resolution No. 16-0428. City Council was briefed by memorandum regarding this matter on June 16, 2017. On June 28, 2017, City Council authorized a twelve-month service agreement for renewal of software use and support of the Socrata Open Data Portal with Carahsoft Technology Corp, through the U.S. General Services Administration procurement price list by Resolution No. 17-1047. The Government Performance & Financial Management Committee will receive this item for consideration on June 4, 2018. FISCAL INFORMATION Communication and Information Services Current Funds - $199,796.64 Agenda Date 06/13/2018 - page 2 M/WBE INFORMATION Contract Amount $199,796.64  Category M/WBE Goal CO-OP N/A M/WBE % N/A M/WBE $ N/A The Business Inclusion and Development Plan does not apply to Cooperative Purchasing Agreements (CO-OPs) OWNER Carahsoft Technology Corp Craig P. Abod, President Robert Moore, Vice President Agenda Date 06/13/2018 - page 3 COUNCIL CHAMBER June 13, 2018 WHEREAS, on May 29, 2013, Administrative Action No. 13-5666 authorized a pilot subscription for a Socrata Open Data Portal Pilot Plan; and WHEREAS, on March 25, 2015, City Council authorized a twelve-month renewal service agreement for software use and support of the Socrata Open Data Portal with Alamo City Engineering Services, Inc., through the U.S. General Services Administration by Resolution No. 15-0483; and WHEREAS, on March 23, 2016, City Council authorized a twelve-month service agreement for renewal of software use and support of the Socrata Open Data Portal with Carahsoft Technology Corp, through the U.S. General Services Administration procurement price list by Resolution No. 16-0428; and WHEREAS, on June 28, 2017, City Council authorized a twelve-month service agreement for renewal of software use and support of the Socrata Open Data Portal with Carahsoft Technology Corp, through the U.S. General Services Administration procurement price list by Resolution No. 17-1047. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to sign a twelve-month service contract with Carahsoft Technology Corp (VS0000009713) through the General Services Administration cooperative agreement, approved as to form by the City Attorney, for the continuous use of software and support of the Socrata Open Data Portal, in an amount not to exceed $199,796.64. SECTION 2. That the Chief Financial Officer is hereby authorized to disburse funds in an amount not exceed $199,796.64 to Carahsoft Technology Corp from Fund 0198, Department DSV, Unit 1749, Object 3099, FY 2018, Encumbrance/Contract No. DSV-2018-00005988. SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 9 STRATEGIC PRIORITY: Economic and Neighborhood Vitality AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 2 DEPARTMENT: Department of Equipment and Building Services Department of Convention and Event Services CMO: Jody Puckett, 670-3390 Joey Zapata, 670-3009 MAPSCO: 45P ________________________________________________________________ SUBJECT Authorize a professional services contract with Simmons Design Associates, LLC to provide graphic design services for the design and development of a new wayfinding system at the Kay Bailey Hutchison Convention Center Dallas located at 650 South Griffin Street - Not to exceed $449,750 - Financing: Convention Center Capital Construction Funds BACKGROUND This action will authorize a professional services contract with Simmons Design Associates, LLC to provide graphic design services for the design and development of a new wayfinding system at the Kay Bailey Hutchison Convention Center Dallas. The services will consist of analysis and programming, masterplan, design, construction documentation, bidding, and construction administration for the developed improvements to implement the new wayfinding system. A separate future construction contract will be authorized for the performance of the actual wayfinding activities to be performed. The Convention Center was built in 1957 and has seen major expansions in 1974, 1984, 1994 and 2002 to include exhibition space, parking garage, meeting rooms, ballrooms and pre-function lobbies. The center encompasses two million square feet, was constructed over the course of over 60 years, and has had multiple additions. The design and development of a new wayfinding strategy and experiential graphic design masterplan, consisting of a mix of static and digital/electronic signage, will bring cohesiveness to the Convention Center. ESTIMATED SCHEDULE OF PROJECT Begin Design Complete Design Begin Construction Complete Construction June 2018 December 2018 March 2019 November 2019 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Information about this item will be provided to the Mobility Solutions, Infrastructure & Sustainability Committee on June 11, 2018. FISCAL INFORMATION Convention Center Capital Construction Funds - $449,750.00 M/WBE INFORMATION In accordance with the City’s Business Inclusion and Development Plan adopted on October 22, 2008, by Resolution No. 08-2826, as amended, the M/WBE participation on this contract is as follows: Contract Amount Category $449,750.00 Professional  M/WBE Goal M/WBE % 36.30% 37.80% M/WBE $ $170,000.00 This contract exceeds the M/WBE Goal of 36.30% PROPOSAL INFORMATION In July 2017, the Department of Equipment and Building Services began the first of a two-step (Request for Qualifications (RFQ)/Request for Proposals) process to procure professional graphic design services from firms who submitted qualifications to develop a dynamic wayfinding system. The respondent firms were evaluated and short-listed based on their qualifications listed in their Statement of Qualifications for RFQ CIZ1678. On September 25, 2017 the Department of Equipment and Building Services notified the following short-listed firms and issued a Request for Proposals for the Wayfinding Project at Kay Bailey Hutchison Convention Center Dallas to the following firms: Corgan Associates, Inc., FD2S Inc., and Simmons Design Associates, LLC. Agenda Date 06/13/2018 - page 2 PROPOSAL INFORMATION (continued) On October 9, 2017, the Department of Equipment and Building Services received three proposals from short-listed firms and ranked as follows: Proposers Rank Simmons Design Associates, LLC Corgan Associates, Inc. FD2S Inc. 1 2 3 The proposals were evaluated according to the criteria published in the Request for Qualifications and the Request for Proposals. These criteria, with respective weights, were as follows: Criteria 1 - Qualification & Experience Criteria 2 - Key Personnel Criteria 3 - Understanding and Approach Criteria 4 - Schedules and Budgets Criteria 5 - Past performance and history of complying with M/WBE goals 25 points 30 points 15 points 15 points 15 points OWNER Simmons Design Associates, LLC Armando D. Simmons, Managing Partner, Creative Director MAP Attached Agenda Date 06/13/2018 - page 3 COUNCIL CHAMBER June 13, 2018 WHEREAS, the Kay Bailey Hutchison Convention Center Dallas has developed a continuation of the Capital Improvement Program; and WHEREAS, the need to design a wayfinding strategy and experiential graphic design masterplan which will bring a cohesiveness to the two million square feet that is the Convention Center today was identified and requires professional graphic design services for analysis and programming, masterplan, design, construction documents, bidding and construction administration at the Kay Bailey Hutchison Convention Center Dallas; and WHEREAS, a solicitation for professional graphic design services was developed and publicly advertised by the Department of Equipment and Building Services; and WHEREAS, a proposal request was issued to the short-listed firms; and WHEREAS, the short-listed firms submitted proposals to provide professional graphic design services for the Kay Bailey Hutchison Convention Center Dallas Wayfinding System; and WHEREAS, Simmons Design Associates, LLC was scored and ranked by the selection committee as the most qualified proposer as a result of a qualifications based selection process in accordance with City of Dallas procurement guidelines; and WHEREAS, it is now desirable to authorize a professional services contract with Simmons Design Associates, LLC to provide graphic design services for the design and development of a new wayfinding system at the Kay Bailey Hutchison Convention Center Dallas, in an amount not to exceed $449,750. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to sign a professional services contract with Simmons Design Associates, LLC, approved as to form by the City Attorney, to provide graphic design services for the design and development of a new wayfinding system at the Kay Bailey Hutchison Convention Center Dallas located at 650 South Griffin Street, in an amount not to exceed $449,750. COUNCIL CHAMBER June 13, 2018 SECTION 2. That the Chief Financial Officer is hereby authorized to disburse funds in an amount not to exceed $449,750 to Simmons Design Associates, LLC, in accordance with the terms and conditions of the contract from Convention Center Capital Construction Fund, Fund 0082, Department CCT, Unit W102, Object 4112, Program EB18085, Encumbrance/Contract No. CX-EBS-2018-00006073, Vendor 333559. SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 10 STRATEGIC PRIORITY: Economic and Neighborhood Vitality AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 2 DEPARTMENT: Department of Equipment and Building Services Department of Convention and Event Services CMO: Jody Puckett, 670-3390 Joey Zapata, 670-3009 MAPSCO: 45P ________________________________________________________________ SUBJECT Authorize (1) the rejection of the proposal received for the construction of Exhibit Hall F Roof Truss Repair at the Kay Bailey Hutchison Convention Center Dallas located at 650 South Griffin Street; and (2) the re-advertisement for new proposals - Financing: No cost consideration to the City BACKGROUND This action will authorize the rejection of the proposal received for the construction of the Exhibit Hall F Roof Truss Repair at the Kay Bailey Hutchison Convention Center Dallas. On November 7, 2017, only one Competitive Sealed Proposal for the construction of this project was received. The Department of Equipment and Building Services recommends that it is in the best interest of the City of Dallas to reject the current proposal for lack of competitiveness and re-advertise for proposals at a later date. FISCAL INFORMATION No cost consideration to the City. COUNCIL CHAMBER June 13, 2018 WHEREAS, on October 26, 2017 and November 1, 2017 the Department of Equipment and Building Services advertised in the Dallas Morning News for Competitive Sealed Proposals for Exhibit Hall F Roof Truss Repair at the Kay Bailey Hutchison Convention Center Dallas; and WHEREAS, on November 7, 2017, one Competitive Sealed Proposal was received for the construction of Exhibit Hall F Roof Truss Repair at the Kay Bailey Hutchison Convention Center Dallas; and WHEREAS, the single proposal does not provide for competitive pricing; and WHEREAS, it has been determined that it is in the best interest of the City of Dallas to reject the proposal received for the construction of Exhibit Hall F Roof Truss Repair at the Kay Bailey Hutchison Convention Center Dallas for lack of competitiveness and re-advertise for proposals at a later date. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the proposal received for the construction of Exhibit Hall F Roof Truss Repair at the Kay Bailey Hutchison Convention Center Dallas is hereby rejected and authorization to solicit new proposals is granted. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 11 STRATEGIC PRIORITY: Economic and Neighborhood Vitality AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 7 DEPARTMENT: Department of Equipment and Building Services Public Affairs and Outreach Department of Communication and Information Services Office of Cultural Affairs CMO: Jody Puckett, 670-3390 Kimberly Bizor Tolbert, 670-3302 Joey Zapata, 670-3009 MAPSCO: 46Q ________________________________________________________________ SUBJECT Authorize (1) an increase to the construction services contract with Phoenix 1 Restoration and Construction, Ltd. for construction modifications and corrective actions for concealed conditions discovered during construction for the Dallas City News Studio in Fair Park located at 1620 First Avenue; and (2) an increase in appropriations in an amount not to exceed to $222,395 in the Public Educational and Governmental Access Fund - Not to exceed $880,672, from $5,146,800 to $6,027,472 - Financing: Public Educational and Governmental Access Funds ($711,507) and WRR Capital Construction Funds ($169,165) BACKGROUND On December 14, 2016, City Council authorized a construction services contract with Phoenix 1 Restoration and Construction, Ltd. for the Dallas City News Studio by Resolution No. 16-1985, which included a contingency line in the amount of $490,000. The funds for this contingency were encumbered to be utilized for deficiencies, unknown, and unforeseen conditions that may be discovered during the interior demolition phase of the 80 year-old building. Encumbering this contingency assured that funding would be available and designated for necessary construction, and would not be reallocated to equipment or furniture; the contract amount was not affected. BACKGROUND (continued) On November 8, 2017, City Council authorized Change Order No. 1 for additional scope of work to the construction services contract with Phoenix 1 Restoration and Construction, Ltd. for program changes, design improvements and corrective actions for concealed conditions discovered during demolition for the Dallas City News Studio in Fair Park, which was funded by that contingency line in the amount of $400,755.96, leaving a balance of $89,244.04, by Resolution No. 17-1729. The total amount of Change Order No. 2 is $969,915.40. The remaining contingency balance of $89,244.04, is being utilized to partially fund this change order, resulting in the construction services contract being increased $880,671.36, to complete the funding for Change Order No. 2. This action will authorize Change Order No. 2 to increase the scope and amount of the construction services contract with Phoenix 1 Restoration and Construction, Ltd. for construction modifications and corrective actions for concealed conditions discovered during construction for the Dallas City News Studio in Fair Park located at 1620 First Avenue. Since Change Order No. 1, there have been construction modifications and construction has revealed additional deficiencies and concealed conditions which have required corrective actions: Construction modifications:       Modifications to door hardware Miscellaneous interior modifications: countertops, storefronts, mechanical system ducts and conduit, electrical, plumbing, interior walls, blocking Increased cost of fabric for walls Upgrade markerboards to Glassboards Modify cyclorama wall in the studio Electrical credit for reducing scope Deficiencies:       Install taller exterior double doors at delivery entrance Floor leveling compound in studio New exterior entry door at alley Emergency generator shared by the news studio and WRR Security system with cameras and card readers New glazing and security film on exterior windows Agenda Date 06/13/2018 - page 2 BACKGROUND (continued) Unforeseen conditions:         Concrete curb at deteriorated exterior wall Clean, prime and paint original metal windows Replace original wooden wall paneling due to termite damage Repair original stained glass windows Replace missing original wainscot and chair rail Structural steel modifications Replace missing original plaster grills Re-caulk coping stones ESTIMATED SCHEDULE OF PROJECTS Began Design Completed Design Began Construction Complete Construction June 2015 October 2016 January 2017 July 2018 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 17, 2015, City Council authorized a professional services contract with Russ Berger Design Group, Inc. for renovation of the Science Place II Building at Fair Park for the Dallas City News Network by Resolution No. 15-1159. On November 2, 2016, City Council was briefed on the Communications and Policy Institute. On December 14, 2016, City Council authorized a construction services contract with Phoenix 1 Restoration and Construction, Ltd. for the Dallas City News Studio by Resolution No. 16-1985. On November 8, 2017, City Council authorized Change Order No. 1 for additional scope of work to the construction services contract with Phoenix 1 Restoration and Construction, Ltd. for program changes, design improvements and corrective actions for concealed conditions discovered during demolition for the Dallas City News Studio in Fair Park by Resolution No. 17-1729. Information about this item will be provided to the Mobility Solutions, Infrastructure & Sustainability Committee on June 11, 2018. Agenda Date 06/13/2018 - page 3 FISCAL INFORMATION Public Educational and Governmental Access Fund - $711,506.36 WRR Capital Construction Funds - $169,165.00 Construction Award Change Order No. 1 Change Order No. 2 (this action) Total $5,146,800.00 $ 0.00 $ 880,671.36 $6,027,471.36 M/WBE INFORMATION In accordance with the City's Business Inclusion and Development Plan adopted on October 22, 2008, by Resolution No. 08-2826, as amended, the M/WBE participation on this contract is as follows: Contract Amount Category $880,671.36 Construction   M/WBE Goal M/WBE % 25.00% 33.53% M/WBE $ $298,045.73 Change Order No. 2 has a 33.53% M/WBE participation This contract exceeds the M/WBE Goal of 25.00% and has a 30.34% Overall M/WBE participation OWNER Phoenix 1 Restoration and Construction, Ltd. Dale Sellers, President MAP Attached Agenda Date 06/13/2018 - page 4 COUNCIL CHAMBER June 13, 2018 WHEREAS, on June 17, 2015, City Council authorized a professional services contract with the Russ Berger Design Group, Inc. for renovation of the Science Place II Building at Fair Park for the Dallas City News Network, in an amount not to exceed $301,000.00, by Resolution No. 15-1159; and WHEREAS, on December 14, 2016, City Council authorized a construction services contract with Phoenix 1 Restoration and Construction, Ltd. for the Dallas City News Studio located in Fair Park, in an amount not to exceed $5,146,800.00, by Resolution No. 16-1985; and WHEREAS, on February 16, 2017, Administrative Action No. 17-0316 authorized Supplemental Agreement No. 1 to increase the professional services contract with the Russ Berger Design Group, Inc. for special services to the architect's contract for interior design services to add exterior renovation, in an amount not to exceed $39,000.00, from $301,000.00 to $340,000.00; and WHEREAS, on July 24, 2017, Administrative Action No. 17-0894 authorized Supplemental Agreement No. 2 to the professional services contract with the Russ Berger Design Group, Inc. to provide design of the new outdoor equipment pads, design of the new emergency generator system and support services of exterior electrical and building modifications, in an amount not to exceed $34,380.00, increasing the contract amount from $340,000.00 to $374,380.00; and WHEREAS, on November 8, 2017, City Council authorized Change Order No. 1 for additional scope of work to the construction services contract with Phoenix 1 Restoration and Construction, Ltd. for program changes, design improvements and corrective actions for concealed conditions discovered during demolition for the Dallas City News Studio, with no cost consideration to the City; and WHEREAS, it is now necessary to authorize Change Order No. 2 to increase the construction services contract with Phoenix 1 Restoration and Construction, Ltd. for construction modifications and corrective actions for concealed conditions discovered during construction for the Dallas City News Studio in Fair Park located at 1620 First Avenue, in an amount not to exceed $880,671.36, increasing the contract amount from $5,146,800.00 to $6,027,471.36. COUNCIL CHAMBER June 13, 2018 Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That an increase in the construction services contract with Phoenix 1 Restoration and Construction, Ltd. (Change Order No. 2) is authorized for construction modifications and corrective actions for concealed conditions discovered during construction for the Dallas News Studio in Fair Park located at 1620 First Avenue, in an amount not to exceed $880,671.36, increasing the contract amount from $5,146,800.00 to $6,027,471.36. SECTION 2. That the construction services contract with Phoenix 1 Restoration and Construction, Ltd., construction contingency balance amount of $89,244.04 is utilized to fund a portion of Change Order No. 2, in the amount of $969,915.40, reducing the new funding required for Change Order No. 2 from $969,915.40 to $880,671.36. SECTION 3. That the City Manager is hereby authorized to increase appropriations in an amount not to exceed $222,395.00 in the Public Education and Governmental Access Fund, Fund 0560, Department DSV, Unit 4817, Object 4310. SECTION 4. That the Chief Financial Officer is hereby authorized to disburse funds in an amount not to exceed $880,671.36 to Phoenix 1 Restoration and Construction, Ltd., as follows: Public Education and Governmental Access Fund Fund 0560, Department DSV, Unit 4817, Activity OF01 Object 4310, Program PBWCNNS, Major Program DSVMJR Encumbrance CTEBSCNNSSG002, Vendor VC0000003594 $711,506.36 WRR Capital Construction Fund Fund 0152, Department OCA, Unit 6125, Activity WRRI Object 4720, Program WRR61257, Major Program WRR7 Encumbrance CTEBSCNNSSG002, Vendor VC0000003594 $169,165.00 Total amount not to exceed $880,671.36 SECTION 5. That this contract is designated as Contract No. EBS-2016-00001487. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. STRATEGIC PRIORITY: AGENDA ITEM # 12 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): All DEPARTMENT: Department of Equipment and Building Services CMO: Jody Puckett, 670-3390 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize Supplemental Agreement No. 1 to the service contract for job order contracting services at City facilities with Restoration Specialists, dba RS Commercial Construction extending the contract term for an additional six months - Not to exceed $1,578,675, from $6,314,700 to $7,893,375 - Financing: Various Funds (subject to annual appropriations) BACKGROUND The purpose of a job order service contract is to establish firm pricing for services, for a specific term, which are ordered on an as needed basis. The current contract has been in effect for twenty-three months and has expended $3,368,964.00, as of May 11, 2018. Remaining major maintenance projects, along with other major repairs and replacements of infrastructure, roofs, and interior improvements to multiple City facilities will require additional funding to be available. Job Order Contracting (JOC) is provided for in Texas Local Government Code § 271 as a means to address building maintenance and construction associated with the care, operation and upkeep of City-owned facilities when the work is of a recurring nature, but delivery times, type and quantities of work are indefinite. This contract was competitively selected from The Cooperative Purchasing Network (TCPN). BACKGROUND (continued) Through TCPN, thirty-six firms submitted responses to a TCPN solicitation for building maintenance and construction services. TCPN evaluation criteria included: the ability to provide and perform the required services for contract, marketing plan, price (coefficient), Historically Underutilized Business (HUB)/Minority/Women Business Enterprise (MWBE) designation, and value-added products/services. TCPN found twenty-three firms to be the most advantageous to TCPN members. These twenty-three were awarded contracts in part or in full by TCPN based on competitive pricing and a strong history providing specified products and services. The Department of Equipment and Building Services used the list of twenty-three TCPN awarded vendors to select five firms for interviews based on their capability of performing the requested facility-related services for a twenty-four month period. Each of the five firms made presentations to a panel of City staff including information about their firm, ability to provide services, experience, qualifications, coefficient, and HUB/MWBE designation or subcontracting relationships. The selected vendor was deemed as the most advantageous for the City based on their presentation. This action will authorize a six-month extension to the Job Order Services contract with Restoration Specialists, dba RS Construction Commercial. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 22, 2016, City Council authorized a twenty-four month service contract for job order contracting services at City facilities with Restoration Specialists, dba RS Commercial Construction by Resolution No. 16-1063. Information about this item will be provided to the Mobility Solutions, Infrastructure & Sustainability Committee on June 11, 2018. FISCAL INFORMATION Various Funds - $1,578,675.00 (subject to annual appropriations) Upon approval of a job order, the funds for services will be encumbered from project funds, operating funds of a project, or funds from the department receiving services. Agenda Date 06/13/2018 - page 2 M/WBE INFORMATION In accordance with the City's Business Inclusion and Development Plan adopted on October 22, 2008, by Resolution No. 08-2826, as amended, the M/WBE participation on this contract is as follows: Contract Amount Category $1,578,675.00 Construction   M/WBE Goal M/WBE % 25.00% 0.00% M/WBE $ $0.00 M/WBE participation will be added on each job ordering contract The Overall M/WBE participation percentage is 26.46% OWNER Restoration Specialists, dba RS Commercial Construction Mark DeMattia, President David DeMattia, Vice President Agenda Date 06/13/2018 - page 3 COUNCIL CHAMBER June 13, 2018 WHEREAS, the State of Texas Local Government Code, Section §271.113 provides for Job Order Contracting by local municipalities; and WHEREAS, Job Order Contracting is desirable and necessary to perform construction, repair, rehabilitation, and alterations at City facilities; and WHEREAS, it is desirable for the Department of Equipment and Building Services to continue to provide job order contracting services to its client departments; and WHEREAS, on June 22, 2016, City Council authorized a twenty-four-month service contract for job order contracting services at City facilities with Restoration Specialists, dba RS Commercial Construction, in an amount not to exceed $6,314,700, by Resolution No. 16-1063; and WHEREAS, it is now desirable to authorize Supplemental Agreement No. 1 to the service contract for job order contracting services at City facilities with Restoration Specialists, dba RS Commercial Construction extending the contract term for an additional six months, in an amount not to exceed $1,578,675, increasing the contract amount from $6,314,700 to $7,893,375. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to sign Supplemental Agreement No. 1 to the service contract for job order contracting services at City facilities with Restoration Specialists, dba RS Commercial Construction, approved as to form by the City Attorney, extending the contract term for an additional six months, in an amount not to exceed $1,578,675, increasing the contract amount from $6,314,700 to $7,893,375. SECTION 2. That the Chief Financial Officer is hereby authorized to disburse funds in an amount not to exceed $1,578,675 (subject to annual appropriations) to Restoration Specialist dba RS Construction (VS0000044823) in accordance with the terms and conditions of the contract from the applicable project fund for the individual construction for which the services are being performed. SECTION 3. That the department director or his designee is authorized to request services as needed with the authorized firm in accordance with the accepted pricing. SECTION 4. That each contract shall provide for termination by the City Manager, without liability, in the event of non-appropriation of funding available for these contracts by the City Council. COUNCIL CHAMBER June 13, 2018 SECTION 5. That this contract is designated as Contract No. EBS-2016-00001039. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. STRATEGIC PRIORITY: AGENDA ITEM # 13 Government Performance and Financial Management AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 2 DEPARTMENT: Department of Equipment and Building Services CMO: Jody Puckett, 670-3390 MAPSCO: 34J; 46J ________________________________________________________________ SUBJECT Authorize Supplemental Agreement No. 4 to exercise the second, and final five-year renewal option to extend the Compressed Natural Gas (CNG) Facilities Agreement with TranStar Energy Company, L.P., for five years to maintain and operate two public-access CNG fueling sites on city properties located at 1616 Baylor Street and 8000 Denton Drive, adjacent to Love Field - Estimated Revenue: $10,000 over the five-year extension BACKGROUND TranStar Energy Company, L.P. (TranStar), a Clean Energy Company, operates natural gas vehicle fueling facilities and other businesses related to the use of natural gas as a transportation fuel. TranStar operates over twenty public-access natural gas fueling locations in the Dallas-Fort Worth area. The City entered into a ten-year agreement with TranStar on August 14, 2002, to provide, operate, and maintain two CNG Facilities on city property. TranStar Energy provides, owns, operates and maintains all the equipment at the facilities, and purchases all the natural gas dispensed at those facilities. All locations operated by TranStar are open to the general public, including two locations included in this agreement on city property. The City currently operates two public access CNG fueling sites on its property. One is located at 1616 Baylor Street and the other is located at 8000 Denton Drive. Through our affiliation with Clean Energy, the City is able to fuel up at six CNG stations in the Dallas area, which are located at the following addresses: BACKGROUND (continued)       Dallas Love Field (8000 Denton Dr.) Downtown Dallas (100 N. Riverfront Blvd.) Dallas-Fuel City (801 South River Front) Dallas Service Center/City of Dallas (1616 Baylor St.) Dillon Transportation Station (4600 Irving Blvd.) Cockrell Hill (2005 Cockrell Hill Rd.) The City receives a royalty of $0.03/Gasoline Gallon Equivalent for CNG sold to third parties resulting from the sales at the two locations; however, the City can fuel at any TranStar Energy location and pay the same rate paid at the City location. Fuel is paid through a separate master agreement. The original agreement expired on August 13, 2012, and contained an option for two five-year extensions. This item authorizes the City to exercise the second and final five-year extension term. On August 8, 2012, City Council authorized Supplemental Agreement No. 1 to the contract with TranStar Energy company, L.P., to exercise the first of two five-year extensions by Resolution No. 12-1899. The extension expired on August 13, 2017. TranStar Energy Company, L.P., agreed to a six-month extension, and Supplemental Agreement No. 2 was authorized by Administrative Action No. 17-7042 on September 26, 2017, and expired on February 13, 2018. Supplemental Agreement No. 3 was authorized by Administrative Action No. 18-5452 on February 14, 2018, it extended the contract for an additional six months, and expires on August 12, 2018. CNG vehicles generate lower levels of emissions than vehicles operated on gasoline or diesel, utilize a domestic fuel source, and play an important role in the air quality attainment efforts in the Dallas Fort Worth area. Authorizing this supplemental agreement extension will allow the City to fuel the CNG vehicles in the most cost-effective manner. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 14, 2002, City Council authorized a ten-year contract with TranStar Energy Company, L.P., with the option for two, five-year additional terms to maintain and operate two public-access compressed natural gas fueling sites on city property on Dawson Street between Baylor and Chestnut Street and in the 8000 block of Denton Drive adjacent to Love Field by Resolution No. 02-2232. On March 10, 2010, City Council authorized a three-year master agreement for compressed natural gas for fleet vehicles with TranStar Energy Company, L.P. dba Clean Energy by Resolution No. 10-0675. Agenda Date 06/13/2018 - page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (continued) On August 8, 2012, City Council authorized Supplemental Agreement No. 1 to the contract with TranStar Energy Company, L.P., to exercise the first of two five-year renewal options to extend the CNG Facilities Agreement for five years to maintain and operate two public-access CNG fueling sites on City property located at 1551 Baylor Street and 8000 Denton Drive, adjacent to Love Field by Resolution No. 12-1899. Information about this item will be provided to the Government Performance & Financial Management Committee on June 4, 2018. FISCAL INFORMATION Estimated Revenue - $10,000 over the five-year extension MAPS Attached Agenda Date 06/13/2018 - page 3 + − City of Dallas 2011 Redistricting Team, City GIS Services Texas Parks & … %D\ORU 6WUHHW f} 8000 Denton Drive Sp Fil?l?g 5551 4?5" ?33 Parking Ga raga A-Dalhs Love- Field Parking Garage- A-Dallaa Fiald Deltas Laue Field Parking Garage El Daliaa Love- ibq, F'Bld ?at: .. $3 Gu?atrearn Aeroapace I J. (a City?f Dallas 2011 Redistrictinqueam, City GIS Services Texas Parks Elan LI: Fi COUNCIL CHAMBER June 13, 2018 WHEREAS, on August 14, 2002, City Council authorized a ten-year contract with TranStar Energy Company, L.P., with the option for two, five-year additional terms to maintain and operate two public-access compressed natural gas fueling sites on city property on Dawson Street between Baylor Street and Chestnut Street and in the 8000 block of Denton Drive adjacent to Love Field by Resolution No. 02-2232; and WHEREAS, on March 10, 2010, City Council authorized a three-year master agreement for compressed natural gas for fleet vehicles with TranStar Energy Company, L.P. dba Clean Energy by Resolution No. 10-0675; and WHEREAS, on August 8, 2012, City Council authorized Supplemental Agreement No. 1 to the contract with TranStar Energy Company, L.P. to exercise the first of two of the five-year renewal options to extend the CNG Facilities Agreement to maintain and operate two public-access CNG fueling sites on city property located at 1616 Baylor Street and 8000 Denton Drive adjacent to Love Field by Resolution No. 12-1899; and WHEREAS, on September 26, 2017, Administrative Action No. 17-7042 authorized Supplemental Agreement No. 2 to extend the contract for six-months; and WHEREAS, on February 14, 2018, Administrative Action No. 18-5452 authorized Supplemental Agreement No. 3 to extend the contract for an additional six months; and WHEREAS, on August 12, 2018, Administrative Action No. 18-5452 expires, and the contract has the option for a second five-year term; and WHEREAS, the City operates a large fleet of CNG vehicles; and WHEREAS, the City and TranStar Energy Company, L.P., wish to exercise the second of two five-year additional terms to extend the CNG Facilities Agreement to maintain and operate two compressed natural gas fueling sites on city property, in the form of the Supplemental Agreement No. 4. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to sign Supplemental Agreement No. 4 to exercise the second, and final five-year renewal option to extend the Compressed Natural Gas Facilities Agreement with TranStar Energy Company, L.P., approved as to form by the City Attorney, for five years to maintain and operate two public-access CNG fueling sites on city properties located at 1616 Baylor Street and 8000 Denton Drive, adjacent to Love Field. COUNCIL CHAMBER June 13, 2018 SECTION 2. That the Chief Financial Officer is hereby authorized to receive and deposit funds in an amount not to exceed $10,000 over the five-year extension from TranStar Energy Company L.P. to Equipment Services Current Fund, Fund 0196, Department EBS, Unit 1764, Revenue Code 7887. SECTION 3. That this contract is designated as Contract No. EBS-2017-00003593. SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. STRATEGIC PRIORITY: AGENDA ITEM # 14 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 11 DEPARTMENT: Department of Public Works Water Utilities Department CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 16J K N ________________________________________________________________ SUBJECT Authorize a contract for the reconstruction of street paving, storm drainage, water and wastewater main improvements for Spring Grove Avenue from Alpha Road to Coit Road - Jeske Construction Company, lowest responsible bidder of ten - Not to exceed $2,698,710 - Financing: 2012 Bond Funds ($2,006,560), Water Utilities Capital Improvement Funds ($624,510) and Water Utilities Capital Construction Funds ($67,640) BACKGROUND On September 10, 2014, City Council authorized a professional services contract with Criado & Associates, Inc. for engineering design services for the reconstruction of Spring Grove Avenue from Alpha Road to Coit Road to include new concrete sidewalks, ramps at intersections, retaining wall, replacing the existing pavement street with new reinforced concrete pavement, curb and gutter, storm drainage, water and wastewater main improvements, in an amount not to exceed $294,578.29, by Resolution No. 14-1467. This action will authorize a contract with Jeske Construction Company, for the reconstruction of Spring Grove Avenue from Alpha Road to Coit Road to include street paving, storm drainage, water and wastewater main improvements, in an amount not to exceed $2,698,710.00. The scope of the project on Spring Grove Avenue from Alpha Road to Coit Road entails street reconstruction, storm drainage, sidewalks, driveway approaches, barrier-free ramps, road humps, water and wastewater main improvements. BACKGROUND (continued) The following chart illustrates Jeske Construction Company's contractual activities with the City of Dallas for the past three years. Projects Completed Change Orders Projects Requiring Liquidated Damages Projects Completed by Bonding Company PBW DWU PKR TWM 5 9 0 0 0 0 0 0 0 0 0 0 1 0 0 0 ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction October 2014 February 2018 July 2018 July 2019 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 10, 2014, City Council authorized a professional services contract with Criado & Associates, Inc. for the engineering design services for the reconstruction of Spring Grove Avenue from Alpha Road to Coit Road by Resolution No. 14-1467. Information about this item will be provided to the Mobility Solutions, Infrastructure and Sustainability Committee on June 11, 2018. FISCAL INFORMATION 2012 Bond Funds - $2,006,560.00 Water Utilities Capital Improvement Funds - $624,510.00 Water Utilities Capital Construction Funds - $67,640.00 Design - PBW Design - DWU Construction (this action) Paving & Drainage - PBW Water & Wastewater - DWU $ 240,819.29 $ 53,759.00 Total $ 2,993,288.29 $ 2,006,560.00 $ 692,150.00 Agenda Date 06/13/2018 - page 2 M/WBE INFORMATION In accordance with the City's Business Inclusion and Development Plan adopted on October 22, 2008, by Resolution No. 08-2826, as amended, the M/WBE participation on this contract is as follows: Contract Amount Category $2,698,710.00 Construction  M/WBE Goal M/WBE % 25.00% 28.22% M/WBE $ $761,627.00 This contract exceeds the M/WBE goal of 25.00% BID INFORMATION The following ten bids with quotes were received and opened on April 6, 2018: *Denotes successful bidder Bidders Bid Amount *Jeske Construction Company 2456 Merrell Road, Suite 106 Dallas, Texas 75229 RKM Utility Services, Inc. Tiseo Paving Company Ed Bell Construction Company Camino Construction, LP Vescorp Construction, LLC CIDRAX Texas, LLC SYB Construction Co. Inc. MACVAL Associates, LLC Texas Standard Construction, Ltd. $2,698,710.00 $2,728,091.00 $2,732,207.00 $2,749,501.00 $2,890,044.00 $2,927,983.50 $2,986,400.00 $2,998,805.50 $3,245,901.00 $3,285,043.25 Original estimate: PBW - $2,255,500.00 DWU - $ 615,000.00 Total $2,870,500.00 OWNER Jeske Construction Company Steve Jeske, President MAP Attached Agenda Date 06/13/2018 - page 3 SPRING GROVE AVENUE FROM ALPHA ROAD TO COIT ROAD RQ'ling Hilb. Ln ========:1I _::..-:::--=- __ _f ~ I .-- I I I/ s I.I ~ .f I s ~ y It II I 200m I sol, ft MAPSCO 16J, K & N ...,~ I I l sI J s COUNCIL CHAMBER June 13, 2018 WHEREAS, on September 10, 2014, City Council authorized a professional services contract with Criado & Associates, Inc. for the engineering design services for the reconstruction of Spring Grove Avenue from Alpha Road to Coit Road, in an amount not to exceed $294,578.29, by Resolution No. 14-1467; and WHEREAS, on April 6, 2018, ten bids were received for the reconstruction of street paving, storm drainage, water and wastewater main improvements for Spring Grove Avenue from Alpha Road to Coit Road, as follows: Bidders Jeske Construction Company RKM Utility Services, Inc. Tiseo Paving Company Ed Bell Construction Company Camino Construction, LP Vescorp Construction, LLC CIDRAX Texas, LLC SYB Construction Co. Inc. MACVAL Associates, LLC Texas Standard Construction, $3,285,043.25 Bid Amount $2,698,710.00 $2,728,091.00 $2,732,207.00 $2,749,501.00 $2,890,044.00 $2,927,983.50 $2,986,400.00 $2,998,805.50 $3,245,901.00 Ltd. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to sign a contract with Jeske Construction Company, approved as to form by the City Attorney, for the reconstruction of street paving, storm drainage, water and wastewater main improvements for Spring Grove Avenue from Alpha Road to Coit Road, in an amount not to exceed $2,698,710.00, this being the lowest responsive bid received as indicated by the tabulation of bids. COUNCIL CHAMBER June 13, 2018 SECTION 2. That the Chief Financial Officer is hereby authorized to disburse funds in an amount not to exceed $2,698,710.00 to Jeske Construction Company, in accordance with the terms and conditions of the contract, as follows: Street and Transportation Improvements Fund Fund 2U22, Department PBW, Unit S443 Activity SREC, Object 4510, Program PB12S443 Encumbrance/Contract No. CX-PBW-2018-00006135 Vendor 083791 $ Street and Transportation Improvements Fund Fund 4U22, Department PBW, Unit S443 Activity SREC, Object 4510, Program PB12S443 Encumbrance/Contract No. CX-PBW-2018-00006135 Vendor 083791 $1,925,845.62 Water Capital Improvement Fund Fund 2115, Department DWU, Unit PW42 Object 4550, Program 718157 Encumbrance/Contract No. CX-PBW-2018-00006135 Vendor 083791 $ 495,420.00 Water Capital Construction Fund Fund 0102, Department DWU, Unit CW42 Object 3221, Program 718157X Encumbrance/Contract No. CX-PBW-2018-00006135 Vendor 083791 $ Wastewater Capital Improvement Fund Fund 3116, Department DWU, Unit PS42 Object 4560, Program 718158 Encumbrance/Contract No. CX-PBW-2018-00006135 Vendor 083791 $ 129,090.00 Wastewater Capital Construction Fund Fund 0103, Department DWU, Unit CS42 Object 3222, Program 718158X Encumbrance/Contract No. CX-PBW-2018-00006135 Vendor 083791 $ Total amount not to exceed $2,698,710.00 80,714.38 58,310.00 9,330.00 COUNCIL CHAMBER June 13, 2018 SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. AGENDA ITEM # 15 STRATEGIC PRIORITY: Quality of Life AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 8 DEPARTMENT: Department of Sanitation Services CMO: Jody Puckett, 670-3390 MAPSCO: 67P ________________________________________________________________ SUBJECT Authorize (1) a contract for the construction of a 52 acre waste cell, cell 6B2 and 7 at the McCommas Bluff Landfill; and site improvements that include upgraded drain pumps, control panels, electric service and discharge systems - Hammett Excavation, Inc., lowest responsible bidder of three; and (2) an increase in appropriations in an amount not to exceed $5,126,867 in the Sanitation Capital Improvement Fund - Not to exceed $5,126,867 - Financing: Sanitation Capital Improvement Funds BACKGROUND The McCommas Bluff Landfill is a 2,048-acre property, of which 965 acres are permitted for waste disposal. As one cell is being filled, another is being planned and prepared for use. The Department of Sanitation Services utilizes a Capital Improvement Fund, supported by landfill revenues, to fund waste cell development projects. Current waste cells are estimated to reach capacity in June 2019, not including an additional 12+ months of cell capacity permitted for construction and demolition type debris in previously filled areas that now have capacity due to settlement. Construction will be completed in two phases with the first phase of capacity accessible in Spring of 2019 and the remainder completed by September 2019. All new waste cells are constructed in accordance with state and federal regulations. This contract will allow two waste cells with 52 acres of total capacity to be constructed, which will provide needed disposal capacity for the landfill's waste stream until approximately June 2023. This project will also include landfill improvements to upgrade pumps, electric service, control panels, and discharge systems to an existing toe drain system on the west side of the landfill. ESTIMATED SCHEDULE OF PROJECT Begin Construction Complete Construction July 2018 September 2019 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 28, 2015, City Council authorized a contract with Hammett Excavation Inc. for the construction of two 15-acre waste cells for a total of 30 acres, cells 6B1 and 6D2, with composite liner and leachate collection system, at McCommas Bluff Landfill; and site improvements that include pavement of a perimeter road, main entrance road improvements, a new waste cell access road, entrance signage improvements, environmental enhancements including a wheel/undercarriage washing system and mud tracking reduction controls by Resolution No. 15-1972. Information about this item will be provided to the Quality of Life, Arts & Culture Committee on June 11, 2018. FISCAL INFORMATION Sanitation Capital Improvement Funds - $5,126,866.33 M/WBE INFORMATION In accordance with the City's Business Inclusion and Development Plan adopted on October 22, 2008, by Resolution No. 08-2826, as amended, the M/WBE participation on this contract is as follows: Contract Amount Category $5,126,866.33 Construction  M/WBE Goal 25.00% M/WBE % 49.86% M/WBE $ $2,556,137.90 This contract exceeds the M/WBE Goal of 25.00% BID INFORMATION The following bids were received from solicitation number CIZ1717 and were opened on April 27, 2018. This construction contract is being awarded in its entirety to the lowest responsive and responsible bidder. Agenda Date 06/13/2018 - page 2 BID INFORMATION (continued) *Denotes successful bidder Bidders Address Amount *Hammett Excavation, Inc. 1545 CR 2917 Dodd City, TX 75438 $5,126,866.33 FCS Construction LP 9550 John W Elliott Frisco, TX 75033 $6,227,016.60 R.E. Monks Construction Co. LLC 1431 Greenway Drive Suite 800 Irving, TX 75038 $7,329,544.50 OWNER Hammett Excavation, Inc. Gaylon Hammett, President MAP Attached Agenda Date 06/13/2018 - page 3 ~· - :. · -+- .'"' ~ . - .... . 001 r I • :i .•.• :p • L r--~ I it . " ·· Jt.· . I ~· · ~ f . . . ... 1 .. r· -1p - : /1 •· ~' tt " • . I I I • '.• I - f ·~ • • ' f·1 .. -3!-4k... I - -- · I I 1, ' \1 0-., ~ ..,.rlllt 1QJ90 .. -s l(a)OO ~ '--F" .... .. .... -< I--"" ' . ... - ~ ...... ~ .... .... ~~~lg"~,_ :&"~·;,;;;;. .,. ..._ 1~1~~~~~ --- -·-· -- -~I - -- -_,_ ".. ~ IQll$ ' · OlrStN: ~ ~ . _ ~ ,._... .... 9CCS - c~ \ ...... ~ cito ,.,_ ...-:ot•• ••U· t • •• C1 •• , ,. , - :•1111 • INYlllONMlNfAl ! ('..... , ...:. ·~ .... 9' 11000 1•..•1MlWS CITY CF DWAS IUff IMOFlL CD1S '82 AND 7 ~ Strt PUN A1i.'(:;,ff '',).. .r,., ~.... (C"~ GI II VICINITY MAP APPROXIMATE SCALE 1 ~-v· 'J,'},'J, \...:.~" ~4. . ~\.._ ND; ~· , ..... 2000 1 ~ + ~"""" ~,· ·\.-Po / .· ' ~ _/ "'·' .r ,,. / 'VS~ ' <:, If,~ ~(<' ~ ~~~~G'G! «'~; ~ ~ ., -Po~~.:· ~~- ~\. ~ ~ ...,1 Of Of' t \ 1 -=---::::: ( ·.·. ,,, ''·~-. ~J' ·"..,"~ . ?1-o ·~ ~ RO'li - 7 ' - - e R \..\NE.---=-:--ns '41A°h·, " ' :.:.------~ C'--..? Po'----., (' '9,., ~~ J'-s.: "\.';-._ ~~~~ '~-Po ~A ~~ff· ~ ~ I"" --··-------·-••-•••·----·--····---·--··~. . ,·-··-··~•M•-----·-·-·-·····--·-·---··-·---··--------·--·----------. ---------.. ....._.._....___ O•-·--·-··•••-..,. ._•>•'-'••·-- .. ---·~··-••oo•••·-·-···----··••" " .. ... + COUNCIL CHAMBER June 13, 2018 A RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR A NEGOTIATED PRICE HIGHER THAN THE AUTHORIZED PURCHASE AMOUNT. WHEREAS, the Dallas City Council by the FIRST RESOLUTION authorized acquisition, by purchase and/or eminent domain, of the PROPERTY INTERESTS in the PROPERTY held by OWNER for the PROJECT (all said capitalized terms being defined below); and WHEREAS, OWNER refused the FIRST RESOLUTION PURCHASE AMOUNT, but has agreed to the SETTLEMENT AMOUNT stated herein; and WHEREAS, the City Council desires to authorize the City Manager to acquire the PROPERTY INTERESTS in the PROPERTY for the negotiated SETTLEMENT AMOUNT stated herein. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the following definitions shall apply to this resolution: “CITY”: The City of Dallas “FIRST RESOLUTION”: Resolution No. 15-1421 approved by the Dallas City Council on August 12, 2015, to authorize the purchase and/or eminent domain for a purchase amount of $29,075, plus closing costs and title expenses not to exceed $3,000. “PROJECT”: Lake Tawakoni 144-inch Pipeline Project “USE”: The installation, use, and maintenance of a pipeline or lines for the transmission of treated water together with such appurtenant facilities as may be necessary, provided, however to the extent fee title to the PROPERTY is acquired, such title and the PROPERTY shall not be limited to or otherwise deemed restricted to the USE herein provided. “OWNER”: Casey Owen Averitt and Robin Eliene Averitt, provided, however, that the term “OWNER” as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. “PROPERTY INTEREST”: Fee Simple, subject to the exceptions, reservations, covenants, conditions and/or interests, if any provided in the conveyance instrument approved as to form by the City Attorney. COUNCIL CHAMBER June 13, 2018 SECTION 1. (continued) “PROPERTY”: Approximately 46,684 square feet of land located in Kaufman County, Texas, and being the same property more particularly described in “Exhibit A”, attached hereto and made a part hereof for all purposes, and any and all improvements, rights and appurtenances appertaining hereto. “FIRST RESOLUTION PURCHASE AMOUNT”: $29,075 “SETTLEMENT AMOUNT”: $41,736 “CLOSING COSTS AND TITLE EXPENSES”: Not to exceed $3,000 “REVISED AUTHORIZED AMOUNT”: $44,736 SECTION 2. That the City Manager, and/or the City Manager’s designees, is hereby authorized and directed to consummate and accept the purchase, grant, and conveyance to the CITY of the PROPERTY INTERESTS in and to the PROPERTY pursuant to the conveyance instrument approved as to form by the City Attorney and to execute, deliver and receive such other usual and customary documents necessary, appropriate and convenient to consummating the transaction. SECTION 3. That to the extent the PROPERTY is being purchased wholly or partly with bond proceeds CITY has obtained an independent appraisal of the PROPERTY'S market value. SECTION 4. That OWNER has been provided with a copy of the Landowner’s Bill of Rights as contemplated by applicable state statute. SECTION 5. That in the event this acquisition closes, the Chief Financial Officer is hereby authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the SETTLEMENT AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Water Capital Improvement Fund, Fund 3115, Department DWU, Unit PW20, Activity RWPT, Program 704041, Object 4210, Encumbrance/Contract No. CX-DWU-2018-00005402. The SETTLEMENT AMOUNT and the CLOSING COSTS and TITLE EXPENSES together shall not exceed the REVISED AUTHORIZED AMOUNT. SECTION 6. That the CITY is to have possession and/or use, as applicable, of the PROPERTY at closing; and the CITY will pay any title expenses and closing costs. All costs and expenses described in this section shall be paid from the previously described funds. COUNCIL CHAMBER June 13, 2018 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. APPROVED AS TO FORM: LARRY E. CASTO, City Attorney BY~~ ~ Assistant City Atti f FIELD NOTES DESCRIBING A TRACT OF LAND FOR FEE SIMPLE ACQUISITION OF RIGHT-OF-WAY FOR THE LAKE TAWAKONI RAW WATER TRANSMISSION MAIN KAUFMAN COUNTY, TEXAS Parcel: 54 EXHtBtT BEING a 1.072 acre tract of land in the Juan Lopez Survey, Abstract No. 286, in Kaufman County, Texas, and being part of Lot l 3C, of the Lakeview Estates Addition, an addition to Kaufman County (unrecorded plat), also being a part of a tract of land described in Warranty Deed with Vendor's Lien to Kent Erdman, a single person, dated March 14, 2008, as recorded in Document No. 200800006191ofthe Deed Records of Kaufman County, Texas (D.R.K.C.T.), being more particularly described as follows: BEGINNING at a 3/8-inch iron rod found at the northwest comer of said Lot I JC, being the northernmost comer of Lot I 2C of said Lakeview Estates Addition, also being on the south line of a City of Dallas Water Line Right-of-Way (variable width at this point) as recorded in Volume 508, Page 526, D.R.K.C.T.; THENCE North 70 degrees 11 minutes 16 seconds East, with the south line of said City of Dallas Water Line Right-of-Way and the north line of said Lot l 3C, a distance of 319.08 feet to a 5/8-inch iron rod found at the northernmost corner of said Lot 13C and the westernmost comer of Lot l4C of said Lakeview Estates Addition; THENCE South 43 degrees 42 minutes 47 seconds East, departing the south line of said City of Dallas Right-of-Way and with the east line of said Lot l3C and the west line of said Lot 14C, a distance of 142.19 feet (unable to set); THENCE South 70 degrees 11 minutes 16 seconds West, departing said lines, a distance of 399.13 feet to a 1/2-inch set iron rod with a red plastic cap stamped "DTE" in the west line of said Lot I JC, being in the east line of said Lot 12C; THENCE North l 0 degrees 01 minute 15 seconds West, with the west line of said Lot I 3C and the east .line of said Lot 12C, a distance of 131.92 feet to the POINT OF BEGINNING and containing 46,684 square feet or 1.072 acres of land, more or less. All bearings for this tract refer to the NAD-83 Texas State Plane Coordinate System, North Central Zone 4202, according to measurements made at NGS continuously operating reference stations Collin CORS ARP, Dallas CORS ARP, Kaufman CORS ARP, Tyler CORS ARP, and Paris CORS ARP. The Kaufman County scale factor of 1.000114077 as published by the Texas Department of Transportation, Dallas District was used for this project. A plat of even survey date herewith accompanies this legal description. Company Name: B DAL-TECH Engineering, lnc. TBPLS Firm No. l 0123500 ~fF( S:rveyor's N a : : - - Patrick J. Baldasaro Dt (L'Z~·l3 a e: Registered Professional Land Surveyor Texas No. 5504 I of2 J / lUNRECORDED P~~i,/ LAKEVIEW ESTA .• ~I ' "' ..1 l ~I i I l I !i; • l l ; I j I. I l l , - LOT \ \ 12Aj ' - ..-- --- - - FIR RPL539J5 IC.M. • l\" , ./- f' POINT OF BE GINNING 10· 01'15"W 131. 92' o W' _j VJ'ICAP s~ Q · · E ..10 rt~'el?:C• • - ..-.10• ";.. ;•1· ..,, o ~ LOT Bl %" ' •>• ' " '•, 14A '- / \ , ., ; "''"' 0 •9 ;;o I "Ml Yo" FIR \\ _.:;.. - - ,,.-- / · "'BRASS . . ----- "· ... _ -· ·· • •· .~+ ·'1 · · .••. ~ 'l' i1,\ . OWNER ' KENT ERDMAN O.R.K C.l :!- GR1Frn" GRIFFITH, ANO wb6 . 'I.;/ KAUFMAN COUNTY D.R.K.C T . 2561 OWNER. , / ..-/,,' ..- / ;(. ' I' '\ ' i' ., / ;j"_ ' I ., ""o ""' • •• "'/ < / , # i f t . ~ , 1 ;>-~<';~~/ ~ .ff~¢~ ~'0/ /)!"_,~Go, s1;.. ANo • •"' 1 • '- ' ( / oc. '!7 C: 30 74 42'4 7"E · ,,./// / 14 2 .1910-ff':/ / / D.R.K.C.T. !VOL. L9' 1'C OWNER· I o·''~ ,oo. ,,0"-~ HUSB~IDSTIN ~JOHN · • _ "'" .,o· ''' • i ALL BEARINGS FOR THIS TRACT REFER TO THE NA0-83 TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202. ACCORDING TO MEASUREMENTS MADE AT NGS CONTINUOUSLY OPERATING REFERENCE STATIONS COLLIN CORS ARP. DALLAS CORS ARP. KAUFMAN CORS ARP. TYLER CORS ARP, ANO PARIS CORS ARP. THE KAUFMAN COUNTY SCALE FACTOR OF 1.000114077 AS PUBLISHED BY THE TEXAS DEPARTMENT OF TRANSPORTATION, DALLAS DISTRICT WAS USED FOR THIS PROJECT . .072 AC. . FOUND \' ~g~u~~'lJ. )'~--./1/I / s;="~ITY oF1.\~~LAS" 0 OF 0ALL%'.°" OISK ST """'D RIENCSORD DATA PRO~IDEWDAS PERFORMED BASE UPON URANCE CO::';~~YA~O~ITMENT UNDER OLOG.F~p~~~~~N R 22857-KFOl. NATIONAL TITLE ~ FFECTIVE DATE OF JANUARY 3. ZOll "'" "" '""' ' o:s¥'Ni'6-&a6'&~,i'o 91! AL ....._ --Ji •~. MONUMEN~N~i~ ~3-'~-~') ~ ;·~·~:. : ;-'N:;>-<> ~ :· E 'b~~' FOUND C ,,• .s • / . "' '--.._ N,>" oi''i - 15A ~J-..~· .0~ '<~- ". Fl L l2.27' N64" 2B'27"E - ,.---- LOT ' FR~ ... ,, .,,c>' ' ';i& \ \ '"' ''" B•"· ;; '" •' "o•. "-·c :\ · , " fAN'El 0 ~- ,-:; I ------ -----.(, - ;2f ~p6ARCtl 54 ~ 41 ,684 S.F - ~ ~ -< ...--- __.- - , .- ..-- _... 0 0 .R.K.C T. woc. Now / , ,,..IEL . / NO MATTHE LYNN • /cYNTHIA / / \.,,;:-;,;\ '11--_ .,. .. ,g,~:Wo.;. if~0'' .z'~0,. ,~ ./ / / / LOT nA OWNER• / LOT 10 / / / ,/~ C "' ~~V~ ~-~ -ii "-' &~ q. .~J;.s:;/LOT ,J'.;,'<" <.... LOT 15 ·------ / STRATEGIC PRIORITY: AGENDA ITEM # 17 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): Outside City Limits DEPARTMENT: Department of Sustainable Development and Construction City Attorney's Office CMO: Majed Al-Ghafry, 670-3302 Larry Casto, 670-3491 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize (1) settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Dallas v. Hwy. 205 Farm, Ltd., et al., pending in Kaufman County Court at Law, Cause No. 84262-CC, for acquisition from Hwy. 205 Farm, Ltd., et al., of approximately 33 acres of land for right-of-way located in Kaufman County, Texas for the Lake Tawakoni 144-inch Pipeline Project; and (2) the deposit of the settlement amount reached through Court ordered mediation and negotiation of the condemnation suit for an amount not to exceed the amount of the settlement amount Not to exceed $64,841, increased from $460,159 to $525,000 ($515,000 being the settlement amount, plus closing costs and title expenses not to exceed $10,000) Financing: Water Utilities Capital Improvement Funds BACKGROUND This item authorizes settlement for the acquisition of approximately 33 acres of land for right-of-way located in Kaufman County, Texas for the Lake Tawakoni 144-inch Pipeline Project. This settlement will allow acquisition of the property without further condemnation proceedings. On April 23, 2008, City Council authorized the purchase and/or condemnation in the amount of $460,159, based on an independent appraisal and inclusive of title and closing costs by Resolution No. 08-1245. The Owner rejected the official offer and the City Attorney filed the condemnation proceeding for the acquisition of the property for the project. The Special Commissioners’ awarded $357,263 on January 21, 2015. BACKGROUND (continued) The Special Commissioners’ award was deposited with the County Clerk of Kaufman County, Texas on March 7, 2015. The City and Hwy. 205 Farm, Ltd., et al., attended a court ordered mediation on April 24, 2018. The parties reached an amount to settle the lawsuit. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 23, 2008, City Council authorized acquisition including the exercise of the right of eminent domain, if such becomes necessary, from Hwy. 205 Farm Ltd., of approximately 33 acres of unimproved land located in Kaufman County for the Lake Tawakoni 144-inch Pipeline by Resolution No. 08-1245. FISCAL INFORMATION Water Utilities Capital Improvement Funds - $64,841 Resolution No. 08-1245 Additional Amount (this action) $460,159 $ 64,841 Total Authorized Amount $525,000 OWNER Hwy. 205 Farm, Ltd., et al. Maurice Moore, Jr., Chief Executive Officer MAPS Attached Agenda Date 06/13/2018 - page 2 . . _, r . ·--:---·. - ·,----------~----~~----~- ~ ! z ...... 0 0 0 N o_ <( 2: >- ...... ...... 11 ~ w _J f- <( 1----t z u VJ 1----t u ..y...)..Y. Ot.J 1----t > w f<( 2 1----t x 0 er _J w u o_ 0:: <( CL l I II - z i . .J I I I 0:: lJJ I Vl 4 ..J ..J 4 Cl I I u... 0 ,... - 1- (...) ' I ! 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I o_ o_ <( COUNCIL CHAMBER June 13, 2018 A RESOLUTION AUTHORIZING SETTLEMENT OF A CONDEMNATION LAWSUIT. All capitalized terms are defined in Section 1 below. WHEREAS, the Dallas City Council by the FIRST RESOLUTION found that the USE of the PROPERTY INTEREST in and to the PROPERTY for the PROJECT is a public use; and WHEREAS, the Dallas City Council by the FIRST RESOLUTION found that a public necessity requires that CITY acquire the PROPERTY INTEREST in and to the PROPERTY from OWNER for the PROJECT; and WHEREAS, the Dallas City Council by the FIRST RESOLUTION authorized acquisition, by purchase and/or condemnation, of the PROPERTY INTEREST in and to the PROPERTY held by OWNER for the PROJECT; and WHEREAS, OWNER refused to sell the PROPERTY INTEREST in and to the PROPERTY to CITY for the OFFICIAL OFFER AMOUNT contained in the FIRST RESOLUTION; and WHEREAS, the City Attorney, pursuant to the FIRST RESOLUTION, filed a CONDEMNATION PROCEEDING for the acquisition of the PROPERTY INTEREST in and to the PROPERTY for the PROJECT; and WHEREAS, the Dallas City Council by the FIRST RESOLUTION authorized the City Attorney to deposit the SPECIAL COMMISSIONERS’ AWARD AMOUNT rendered by the Special Commissioners appointed by the Court in the CONDEMNATION PROCEEDING; and WHEREAS, objections to the SPECIAL COMMISSIONERS’ AWARD AMOUNT were filed, turning the CONDEMNATION PROCEEDING into a CONDEMNATION LAWSUIT; and WHEREAS, OWNERS have agreed to settle the CONDEMNATION LAWSUIT for the SETTLEMENT AMOUNT; and WHEREAS, the Dallas City Council desires to authorize the City Attorney and the City Manager to settle the CONDEMNATION LAWSUIT for the SETTLEMENT AMOUNT. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: COUNCIL CHAMBER June 13, 2018 SECTION 1. For the purposes of this resolution, the following definitions shall apply: “CITY”: The City of Dallas “FIRST RESOLUTION”: Resolution No. 08-1245 approved by the Dallas City Council on April 23, 2008, authorizing negotiations, which is incorporated herein by reference. “CONDEMNATION PROCEEDING/LAWSUIT": Cause No. 84262-CC, in Kaufman County Court at Law, and styled City of Dallas v. Hwy. 205 Farm, Ltd., filed pursuant to the SECOND RESOLUTION. “SECOND RESOLUTION”: Resolution No. 08-1245 approved by the Dallas City Council on April 23, 2008, authorizing deposit of the SPECIAL COMMISSIONERS’ AWARD AMOUNT, which is incorporated herein by reference. "PROPERTY": Approximately 33 acres of land in fee in Kaufman County, Texas, as described in the CONDEMNATION PROCEEDING. “PROPERTY INTEREST”: Fee "PROJECT": Lake Tawakoni 144-inch Transmission Pipeline Project “USE”: The installation, use, and maintenance of a pipeline or lines for the transmission of treated water together with such appurtenant facilities as may be necessary, together with such appurtenant facilities as may be necessary, however, to the extent fee title to the PROPERTY is acquired through instrument, such title in and to the PROPERTY shall not be limited to, or otherwise deemed restricted to, the USE herein provided. “OFFICIAL OFFER AMOUNT”: RESOLUTION. $460,159, as approved in the FIRST “SPECIAL COMMISSIONERS’ AWARD AMOUNT”: $357,263, the same having been previously deposited pursuant to the FIRST RESOLUTION. “SETTLEMENT AMOUNT”: $515,000, which COMMISSIONERS’ AWARD AMOUNT. includes the SPECIAL COUNCIL CHAMBER June 13, 2018 SECTION 1. (continued) “CLOSING COSTS AND TITLE EXPENSES”: Not to exceed $10,000 “ADDITIONAL AMOUNT”: $64,841, the difference between the SETTLEMENT AMOUNT and the SPECIAL COMMISSIONERS’ AWARD AMOUNT. “AUTHORIZED AMOUNT”: Not to exceed $ 525,000 “DESIGNATED FUNDS”: $102,896 from Water Capital Construction Funds, Fund 0102, Department DWU, Unit CW20, Activity MPSA, Program 704041, Object 4210, Encumbrance CT-DWU704041EP. $64,841 from Water Capital Construction Funds, Fund 0102, Department DWU, Unit CW40, Activity RWPT, Program 706623, Object 4210, Encumbrance/Contract No. CX-DWU-2017-00002884. SECTION 2. That the City Attorney and the City Manager are hereby authorized to settle the CONDEMNATION LAWSUIT for the SETTLEMENT AMOUNT. SECTION 3. That the City Attorney and the City Manager are hereby authorized to prepare and execute such documents as may be necessary to effect the settlement described herein. SECTION 4. That if the PROPERTY INTEREST in and to the PROPERTY is being acquired by instrument, the Chief Financial Officer is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the ADDITIONAL AMOUNT, made payable to OWNER, or the then current owner(s) of record, or to the title company insuring the transaction described herein. If the PROPERTY INTEREST in and to the PROPERTY is not being acquired through instrument, the Chief Financial Officer is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in an amount not to exceed the ADDITIONAL AMOUNT, made payable to the County Clerk of Dallas County, Texas, which is to be deposited into the registry of the Court. The Chief Financial Officer is further authorized and directed to issue another check, to be paid out of and charged to the DESIGNATED FUNDS, in the amount of the CLOSING COSTS AND TITLE EXPENSES, made payable to the title company insuring the transaction described herein. The ADDITIONAL AMOUNT and the CLOSING COSTS AND TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. COUNCIL CHAMBER June 13, 2018 SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: LARRY E. CASTO, City Attorney BY:~·~ AsSiStafltity Attorney STRATEGIC PRIORITY: AGENDA ITEM # 18 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): Outside City Limits DEPARTMENT: Department of Sustainable Development and Construction City Attorney's Office Water Utilities Department CMO: Majed Al-Ghafry, 670-3302 Larry Casto, 670-3491 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize (1) settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Dallas v. 635-I20 Joint Venture, et al., pending in County Court at Law No. 5, Cause No. CC-13-01705-E, for acquisition from 635-I20 Joint Venture, et al., of approximately 495,065 square feet of land for right-of-way located in Dallas County, Texas for the Southwest 120/96-inch Water Transmission Pipeline Project; and (2) the deposit of the settlement amount reached through Court ordered mediation and negotiation of the condemnation suit for an amount not to exceed the amount of the settlement amount - Not to exceed $857,786, increased from $953,214 ($943,214 being the award, plus closing costs and title expenses not to exceed $10,000) to $1,811,000 ($1,800,000 being the settlement amount, plus closing costs and title expenses not to exceed $11,000) - Financing: Water Utilities Capital Improvement Funds BACKGROUND This item authorizes settlement for the acquisition of approximately 495,065 square feet of land for right-of-way located in Dallas County, Texas for the Southwest 120/96-inch Water Transmission Pipeline Project. This settlement will allow acquisition of the property without further condemnation proceedings. On May 25, 2011 and February 8, 2012, City Council authorized the purchase and/or condemnation in the amount of $932,479, based on an independent appraisal and inclusive of title and closing costs by Resolution Nos. 11-1324 and 12-0484. The Owner rejected the official offer and the City Attorney filed the condemnation proceeding for the acquisition of the property for the project. BACKGROUND (continued) The Special Commissioners’ awarded $943,214 on March 7, 2014. On June 11, 2014, City Council authorized the Special Commissioners' award amount of $943,214, by Resolution No. 14-0927. The Special Commissioners’ award was deposited with the County Clerk of Dallas County, Texas on September 7, 2016. The City and 635-I20 Joint Venture, et al., attended a court ordered mediation on April 24, 2018. The parties reached an amount to settle the lawsuit. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 25, 2011 and February 8, 2012, City Council authorized acquisition including the exercise of the right of eminent domain, if such becomes necessary by Resolution Nos. 11-1324 and 12-0484. On June 11, 2014, City Council authorized the deposit of a Special Commissioners’ Award by Resolution No. 14-0927. FISCAL INFORMATION Water Utilities Capital Improvement Funds - $857,786 Resolution Nos. 11-1234 and 12-0484 $932,479 Resolution No. 14-0927 (Commissioners' Award) Additional Amount (this action) $ 953,214 $ 857,786 Total Authorized Amount $1,811,000 OWNER 635-I20 Joint Venture, et al. Stewart Jones, General Partner MAP Attached Agenda Date 06/13/2018 - page 2 635 20 SITE Cm DMLAS VICINITY MAP NOT TO SCALE COUNCIL CHAMBER June 13, 2018 A RESOLUTION AUTHORIZING SETTLEMENT OF A CONDEMNATION LAWSUIT. All capitalized terms are defined in Section 1 below. WHEREAS, the Dallas City Council by the FIRST RESOLUTION found that the USE of the PROPERTY INTEREST in and to the PROPERTY for the PROJECT is a public use; and WHEREAS, the Dallas City Council by the FIRST RESOLUTION found that a public necessity requires that CITY acquire the PROPERTY INTEREST in and to the PROPERTY from OWNER for the PROJECT; and WHEREAS, the Dallas City Council by the FIRST RESOLUTION authorized acquisition, by purchase, of the PROPERTY INTEREST in and to the PROPERTY held by OWNER for the PROJECT; and WHEREAS, OWNER refused to sell the PROPERTY INTEREST in and to the PROPERTY to CITY for the OFFICIAL OFFER AMOUNT contained in the FIRST RESOLUTION; and WHEREAS, the Dallas City Council by the SECOND RESOLUTION authorized and directed the City Attorney to file the necessary proceeding and to take the necessary action for the acquisition of the PROPERTY INTEREST in and to the PROPERTY by condemnation, or in any other manner provided by law; and WHEREAS, the City Attorney, pursuant to the SECOND RESOLUTION, filed a CONDEMNATION PROCEEDING for the acquisition of the PROPERTY INTEREST in and to the PROPERTY for the PROJECT; and WHEREAS, the Dallas City Council by the THIRD RESOLUTION authorized the City Attorney to deposit the SPECIAL COMMISSIONERS’ AWARD AMOUNT rendered by the Special Commissioners appointed by the Court in the CONDEMNATION PROCEEDING; and WHEREAS, objections to the SPECIAL COMMISSIONERS’ AWARD AMOUNT were filed, turning the CONDEMNATION PROCEEDING into a CONDEMNATION LAWSUIT; and WHEREAS, OWNERS have agreed to settle the CONDEMNATION LAWSUIT for the SETTLEMENT AMOUNT; and COUNCIL CHAMBER June 13, 2018 WHEREAS, the Dallas City Council desires to authorize the City Attorney and the City Manager to settle the CONDEMNATION LAWSUIT for the SETTLEMENT AMOUNT. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. For the purposes of this resolution, the following definitions shall apply: “CITY”: The City of Dallas “FIRST RESOLUTION”: Resolution No. 11-1324 approved by the Dallas City Council on May 25, 2011, authorized negotiations, which is incorporated herein by reference. “SECOND RESOLUTION”: Resolution No. 12-0484 approved by the Dallas City Council on February 8, 2012, authorized filing of a condemnation proceeding, which is incorporated herein by reference. “CONDEMNATION PROCEEDING/LAWSUIT": Cause No. CC-13-01705-E, in Dallas County Court at Law No. 5, and styled City of Dallas v. 635-I20 Joint Venture, et al., filed pursuant to the SECOND RESOLUTION. “THIRD RESOLUTION”: Resolution No. 14-0927 approved by the Dallas City Council on June 11, 2014, authorized deposit of the SPECIAL COMMISSIONERS’ AWARD AMOUNT, which is incorporated herein by reference. "PROPERTY": Approximately 495,023 square feet of land in fee in Dallas County, Texas, as described in the CONDEMNATION PROCEEDING. “PROPERTY INTEREST”: Fee "PROJECT": Southwest 120/96-inch Water Transmission Pipeline Project “USE”: The installation, use, and maintenance of a pipeline or lines for the transmission of treated water together with such appurtenant facilities as may be necessary, together with such appurtenant facilities as may be necessary, however, to the extent fee title to the PROPERTY is acquired through instrument, such title in and to the PROPERTY shall not be limited to, or otherwise deemed restricted to, the USE herein provided. COUNCIL CHAMBER June 13, 2018 SECTION 1. (continued) “OFFICIAL OFFER AMOUNT”: RESOLUTION. $932,479 as approved in the FIRST “SPECIAL COMMISSIONERS’ AWARD AMOUNT”: $943,214, the same having been previously deposited pursuant to the THIRD RESOLUTION. “SETTLEMENT AMOUNT”: $1,800,000, which COMMISSIONERS’ AWARD AMOUNT. includes the SPECIAL “CLOSING COSTS AND TITLE EXPENSES”: Not to exceed $11,000 “ADDITIONAL AMOUNT”: $857,786, the difference between the SETTLEMENT AMOUNT and the SPECIAL COMMISSIONERS’ AWARD AMOUNT. “AUTHORIZED AMOUNT”: Not to exceed $ 1,811,000 “DESIGNATED FUNDS”: $932,479 from Water Capital Improvement Fund, Fund 3115, Department DWU, Unit PW40, Activity MPSA, Program 706623, Object 4210, Encumbrance CT-DWU706623CPBQ. $20,000 from Water Capital Construction Fund, Fund 0102, Department DWU, Unit CW40, Activity RWPT, Program 706623, Object 4210, Encumbrance CT-DWU706623CPDI. $858,521 from Water Capital Improvement Fund, Fund 3115, Department DWU, Unit PW40, Activity MPSA, Program 706623, Object 4210, Encumbrance/Contract No. CX-DWU-2018-00006202. SECTION 2. That the City Attorney and the City Manager are hereby authorized to settle the CONDEMNATION LAWSUIT for the SETTLEMENT AMOUNT. SECTION 3. That the City Attorney and the City Manager are hereby authorized to prepare and execute such documents as may be necessary to effect the settlement described herein. COUNCIL CHAMBER June 13, 2018 SECTION 4. That if the PROPERTY INTEREST in and to the PROPERTY is being acquired by instrument, the Chief Financial Officer is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the ADDITIONAL AMOUNT, made payable to OWNER, or the then current owner(s) of record, or to the title company insuring the transaction described herein. If the PROPERTY INTEREST in and to the PROPERTY is not being acquired through instrument, the Chief Financial Officer is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in an amount not to exceed the ADDITIONAL AMOUNT, made payable to the County Clerk of Dallas County, Texas, which is to be deposited into the registry of the Court. The Chief Financial Officer is further authorized and directed to issue another check, to be paid out of and charged to the DESIGNATED FUNDS, in the amount of the CLOSING COSTS AND TITLE EXPENSES, made payable to the title company insuring the transaction described herein. The ADDITIONAL AMOUNT and the CLOSING COSTS AND TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved . APPROVED AS TO FORM: LARRY E. CASTO, City Attorney BY: (fi}~(:-~ ~ Assistant City Attorney STRATEGIC PRIORITY: AGENDA ITEM # 19 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): Outside City Limits DEPARTMENT: Department of Sustainable Development and Construction City Attorney's Office Water Utilities Department CMO: Majed Al-Ghafry, 670-3302 Larry Casto, 670-3491 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize the second step of acquisition for condemnation by eminent domain to acquire a tract of vacant land containing approximately 262,824 square feet, located in Kaufman County for the Lake Tawakoni 144-inch Transmission Pipeline Project, from Freddie Kasper - Not to exceed $49,000 ($45,900, plus closing costs and title expenses not to exceed $3,100) - Financing: Water Utilities Capital Improvement Funds BACKGROUND This item authorizes the second step of acquisition for condemnation by eminent domain to acquire a tract of vacant land containing approximately 262,824 square feet, located in Kaufman County, from Freddie Kasper. An offer was presented to the property owner on December 13, 2016 reflecting the appraised value of $45,900 and the City’s offer generated no response. No negotiations between the City and the property owner was developed due to the lack of ownership response or representation. The first resolution approved on October 11, 2017, by Resolution No. 17-1602, authorized the purchase in the amount of $45,900. This acquisition is part of the right-of-way required to construct approximately 32 miles of pipeline from Lake Tawakoni to the Interim Balancing Reservoir located in Terrell, Texas and then to the Eastside Water Treatment plant located in Sunnyvale, Texas. The new raw water pipeline will augment the existing 72-inch and 84-inch pipelines. The construction of this pipeline will give Dallas Water Utilities the ability to utilize the full capacity of both the Lake Tawakoni and the Lake Fork raw water supply to meet the current city needs and future water demands. No relocation benefits are associated with this acquisition. The consideration is based on an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 11, 2017, City Council authorized acquisition from Freddie Kasper, of approximately 262,824 square feet of land located in Kaufman County for the Lake Tawakoni 144-inch Transmission Pipeline Project by Resolution No. 17-1602. FISCAL INFORMATION Water Utilities Capital Improvement Funds - $49,000 ($45,900, plus closing costs and title expenses not to exceed $3,100) OWNER Freddie Kasper MAP Attached Agenda Date 06/13/2018 - page 2 I HUNT "'COUNTY ii 0 ,. ;;; ,;, i l !.\, 1l a ~ 1l ~ ~ ~ ~ c a: ~ .. 0 .. ~ ~ 9 0 ..i m >. .2. ~ d: . ...~ "' 0 g ! ::0 0 rn -I J> < ...,,... ...,, r r -. r :;; I 6' ! Iici°" ~"'"'M•NrCOUNTY ~ "ii u ~ f :!i f~ ~ I .b U> N " !" /Wi ~ z I UJj 191= {, , I II 2000 - - 1 f%7@'~~~ VICINITY MAP APPROXIMATE SCALE 1 I ~ 11-1 l/R - 'Hf1 @Mm, ~ PARCEL COUNCIL CHAMBER June 13, 2018 A RESOLUTION AUTHORIZING CONDEMNATION FOR THE ACQUISITION OF REAL PROPERTY. All capitalized terms are defined in Section 1 below. WHEREAS, the Dallas City Council by the FIRST RESOLUTION found that the USE of the PROPERTY INTEREST in and to the PROPERTY for the PROJECT is a public use; and WHEREAS, the Dallas City Council by the FIRST RESOLUTION found that a public necessity requires that CITY acquire the PROPERTY INTEREST in and to the PROPERTY from OWNER for the PROJECT; and WHEREAS, the Dallas City Council by the FIRST RESOLUTION authorized acquisition, by purchase, of the PROPERTY INTEREST in and to the PROPERTY held by OWNER for the PROJECT; and WHEREAS, the OWNER refused to sell the PROPERTY INTEREST in and to the PROPERTY to CITY for the OFFICIAL OFFER AMOUNT contained in the FIRST RESOLUTION; and WHEREAS, the Dallas City Council desires to authorize the City Attorney to acquire the PROPERTY INTEREST in and to the PROPERTY by condemnation for the OFFICIAL OFFER AMOUNT stated herein. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. For the purposes of this resolution, the following definitions shall apply: “CITY”: The City of Dallas “FIRST RESOLUTION”: Resolution No. 17-1602 approved by the Dallas City Council on October 11, 2017, which is incorporated herein by reference. “PROPERTY": Approximately 262,824 square feet of land located in Kaufman County, Texas, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes. “PROPERTY INTEREST”: Fee Simple “PROJECT”: Lake Tawakoni 144-inch Transmission Pipeline Project COUNCIL CHAMBER June 13, 2018 SECTION 1. (continued) “USE”: The construction, use, and maintenance of a two lane undivided road, increasing roadway capacity for future growth, provided, together with such appurtenant facilities as may be necessary, however, to the extent fee title to the PROPERTY is acquired through instrument, such title in and to the PROPERTY shall not be limited to, or otherwise deemed restricted to, the USE herein provided. "OWNER": Freddie Kasper, provided, however, that the term “OWNER” as used in this resolution means all persons or entities having an ownership interest, regardless of whether those persons or entities are actually named herein. "OFFICIAL OFFER AMOUNT": $45,900 "CLOSING COSTS AND TITLE EXPENSES": Not to exceed $3,100 "AUTHORIZED AMOUNT": $49,000 (OFFICIAL OFFER AMOUNT plus CLOSING COSTS AND TITLE EXPENSES) “DESIGNATED FUNDS”: $49,000 from Water Capital Improvement Fund, Fund 3115, Department DWU, Unit PW20, Activity RWPT, Program 704041, Object 4210, Encumbrance/Contract No. CX-DWU-2017-00002887. SECTION 2. That the CITY will pay court costs as may be assessed by the Special Commissioners' or the Court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid out of and charged to the DESIGNATED FUNDS. SECTION 3. That the City Attorney is authorized and requested to file the necessary proceeding and take the necessary action for the acquisition of the PROPERTY INTEREST in and to the PROPERTY by condemnation or in any manner provided by law. SECTION 4. That in the event it is subsequently determined that additional persons or entities other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation proceeding and/or suit. SECTION 5. That in the event the Special Commissioners' appointed by the Court return an award that is the same amount, or less, than the OFFICIAL OFFER COUNCIL CHAMBER June 13, 2018 SECTION 5. (continued) AMOUNT, the City Attorney is hereby authorized to acquire the PROPERTY INTEREST in and to the PROPERTY by instrument, or judgment, for the Special Commissioners' Award Amount. If the PROPERTY INTEREST in and to the PROPERTY is being acquired by instrument, the Chief Financial Officer is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in an amount not to exceed the Special Commissioners' Award Amount, made payable to OWNER, or the then current owner(s) of record, or to the title company insuring the transaction described herein. If the PROPERTY INTEREST in and to the PROPERTY is not being acquired through instrument, the Chief Financial Officer is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in an amount not to exceed the Special Commissioners' Award Amount, made payable to the County Clerk of Dallas County, Texas, to be deposited into the registry of the Court, to enable CITY to take possession of the PROPERTY INTEREST in and to the PROPERTY without further action of the Dallas City Council. The Chief Financial Officer is further authorized and directed to issue another check, to be paid out of and charged to the DESIGNATED FUNDS, in the amount of the CLOSING COSTS AND TITLE EXPENSES, made payable to the title company insuring the transaction described herein. The Special Commissioners' Award Amount and the CLOSING COSTS AND TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: LARRY .E. CASTO, ?ity~ BY: ~V- Jl\S>- A~ City Attorney FIELD NOTES DESCRIBING A TRACT OF LAND FOR FEE SIMPLE ACQUISITION OF RIGHT-OF-WAY FOR THE LAKE TAWAKONI RAW WATER TRANSMISSION MAIN KAUFMAN COUNTY, TEXAS Parcel: 265 BEING a 6.034 acre tract of land in the J. McCarty Survey, Abstract No. 333, in Kaufman County, Texas, being part of a 21.54 acre tract of land described in Special Warranty Deed to Freddie Kasper, dated March 26, 2014, as recorded in Volume 4534, Page 133, in the Deed Records Kaufman County, Texas (D.R.K.C.T.), and being more particularly described as follows: BEGINNING at a concrete monument with cap stamped "City of Dallas" found at the northeast comer of said 21.54 acre tract, same being the southeast comer of a City of Dallas Water Line Rightof-Way (variable width Right-of-Way), as recorded in Volume 437, Page 525, D.R.K.C.T. and the northwest comer of a tract of land described as "Tract One" in a deed to Justin Scott, as recorded in Volume 3667, Page 105, D.RK.C.T.; THENCE South 00 degrees 17 minutes 25 seconds East, with the east line of said 21.54 acre tract and the west line of said "Tract One'', a distance of 131.33 feet to a 1/2-inch iron rod with red cap stamped. "DAL-TECH" (hereinafter referred to as "with cap") set; THENCE South 81 degrees 32 minutes 24 seconds West, departing the east line of said 21.54 acre tract and west line of said "Tract One'', a distance of 1,316.96 feet to a 1/2-inch iron rod with cap set at the point of curvature of a curve to the right, having a radius of 2,008.46 feet and a central angle of 17 degrees 41 minutes 00 seconds; THENCE with said curve to the right, an arc distance of 619.87 feet (Chord Bearing North 89 degrees 37 minutes 06 seconds West - 617.41 feet), to a 1/2-inch iron rod with cap set at the point of tangency; THENCE North 80 degrees 46 minutes 36 seconds West, a distance of 81.23 feet to a 1/2-inch iron rod set in the east line of F.M. 429 (120 foot right-of-way), being the west line of said 21.54 acre tract; THENCE North 03 degrees 15 minutes 43 seconds West, with the east line of said F.M. 429 and the west line of said 21.54 acre tract, a distance of 133.15 feet to a 1/2-inch iron rod with cap stamped "STOYALL" found at the northwest comer of said 21.54 acre tract, being in the south line of said City of Dallas Water Line Right-of-Way; THENCE South 80 degrees 46 minutes 36 seconds East, departing the east line of said F.M. 429 and with the north line of said 21.54 acre tract and south line of said City of Dallas Water Line Right-ofWay, a distance of 110.01 feet to a concrete monument with cap stamped "City of Dallas" found at the point of curvature of a curve to the left, having a radius of 1,878.46 feet and a central angle of 17 degrees 41 minutes 00 seconds; THENCE with said curve to the left and continuing with said north and south lines, an arc distance of 579.75 feet (Chord Bearing South 89 degrees 37 minutes 06 seconds East - 577.45 feet), to a concrete monument with cap stamped "City of Dallas" found at the point of tangency; THENCE North 81 degrees 32 minutes 24 seconds East, continuing with said north and south lines, a distance of 1,335.62 feet to the POINT OF BEGINNING and containing 262,824 square feet (6.034 acres) of land. 1 of4 FIELD NOTES DESCRIBING A TRACT OF LAND FOR FEE SIMPLE ACQUISITION OF RIGHT-OF-WAY FOR THE LAKE TAWAKONI RAW WATER TRANSMISSION MAIN KAUFMAN COUNTY, TEXAS Parcel: 265 All bearings for this tract refer to the NAD-83 Texas State Plane Coordinate System, North Central Zone 4202, according to measurements made at NGS continuously operating reference stations Collin CORS ARP, Dallas CORS ARP, Kaufman CORS ARP, Tyler CORS ARP, and Paris CORS ARP. The Kaufman County scale factor of 1.000114077 as published by the Texas Department of Transportation, Dallas District was used for this project. A plat of even survey date herewith accompanies this legal description. Company Name: Surveyor's Name: DAL-TECH Engineering, Inc. TBPLS Firm No. 10123500 Patrick J. Baldasaro Registered Professional Land Surveyor Texas No. 5504 2 of4 ~ A A - riri 1 I I - --- \ II l/2''FIR~ We/CAP 4 RPLS 524 0 SPK 0 SX 0 FPK S.F. C.M. 0 FIR 0 FIP 0 ''{SIR W/CAP LEGEND: I I SQUARE FEET CONTROL MONUMENT FOUND IRON ROD FOUND IRON PIPE ''z" SET IRON ROD WITH A RED PLASTIC CAP STAMPED "DAL-TECH" DR "DTE" SET "X" CUT IN CONCRETE FOUND PK. NAIL SET PK. NAIL !fl 17'-4c;- I I C1 ' ° o - ALL BEARINGS FOR THIS TRACT REFER TD THE NAD-83 TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202. ACCORDING TO MEASUREMENTS MADE AT NGS CONTINUOUSLY OPERATING REFERENCE STATIONS COLLIN CORS ARP, DALLAS CORS ARP, KAUFMAN CORS ARP, TYLER CORS ARP, AND PARIS CORS ARP. THE KAUFMAN COUNTY SCALE FACTOR OF 1.0DD114D77 AS PUBLISHED BY THE TEXAS DEPARTMENT OF TRANSPORTATION. DALLAS DISTRICT WAS USED FOR THIS PROJECT. \, 0 C2 N DAL- TECH ENGINEER/NG, INC. , 17400 DALLAS PKWY., SUrTE 110 DALLAS, TEXAS 75287, TEL. (972)250-2727, FAX (972)250-4774 TBPLS FIRM NO. 10123500 c·Jf/U l!Dff I 11&1SEO • SHEET 4 OF 4 SCA/£- r •BU BY CITY OF DALLAS FOR THE SfTUA TED IN THE J. McCARTY SURVEY. ABSTRACT NO. 333 KAUFMAN COUNTY, TEXAS RIGHT-OF-WAY ACQUISITION OF A EXHIBIT 17° 41'00" CRT> DELTA RADIUS 2,008.46' 51g.a7· LENGTH TANGENT 312.42' CHORD 617.41' CH. BEARING Nag• 37'06"W -" 400 fl'\ \/l J: fl'\ fl'\ S8\ 0 32'24"W \,3\6.96' PARCEL 265 262,824 S.F. 6.034 AC. l/2"SIR W/CAP - -- % fl'\ r"" ::t ~("') ~ 2·2 4 "£. \/l .., 525~ NB' 3 c. 62' 4 33;,i. - - --- D.R.K.C.T. · --- SCALE: 1"=200' RIGHT-OF-WAY VOL 4.37 PG. NOTE: THIS SURVEY WAS PERFORMED BASED UPON RECORD DATA PROVIDED UNDER TICOR TITLE INSUR ANCE COMPANY COMMITMENT G.F. NUMBER 21961-KFQ7, WITH AN EFFECTIVE DATE OF AUGUST 30. 2007. OWNER: FREDDIE KASPER VOL. 45.34, PG. 1.3.3 D.R.K.C.T . C2 MONUMENT W/BRASS DISK STAMPED "CITY OF DALLAS" CC.M.) N80° 46'36"W 81.23' l/2"SIR W/CAP 0 sul7'v ![/0 Er • 3 3 J CITY OF DALLAS WATER LINE 580° 46'36"E _ 110.01' rnuND CONCRETE - FIR W/CAP STOVALL Y2 EASEMENT VOL. 458, PG. 166 D.R.K.C.T " STATE OF TEXAS ROADWAY J. C1 DEL TA 17° 41'00" CL Tl RADIUS 1,878.46' LENGTH 57g,75• g . o· TANGENT 2 2 2 CHORD 577.45' CH. BEARING sag· 3 7'06"E A£) cc-4 /,0r Ir .r-tus; FOUND CONCRETE TxDoT MONUMENT 1 I ~ %"FIR W/CAP RPLS 5244 W/CAP \W/CAP RPLS 5244 I l/2"SIR Jf %"FIR_/ FOUND CONCRETE TxDOT MONUMENT OWNER: L.R. L AND CO., LLC CA PARTNERSHIP) VOL. 4495, PG. 101 "TRACT .3-A" D.R.K.C.T. - - - I I N \ 0~ ~- (.0 ?'o I ~- \ I I N03° 15'4 ~13 W 133.151 --- -- --- --- --- I Yi "FJR---... We/CAP~ -----PW2_5244 I \ RIGHT-OF-WAY CITY OF DALLAS WATER LINE PLs 5244 ~~ . ~ I~,,~,, 1 _£1) 1 I NI %"FIR__..-' W/CAP %"FIR VOL. 4.37, PG. 525 W/CAP D.R.K.C.T. PLS 57-244 (1.30' ROWJ '/2" R -Fl ---Yi "FIR --i zl~ rli:: ~~ C"tl - - - ~ --== - I - · 332 --- "'t I \ Su Ofi>;: 1 esI Rv(,_!:'r I R , .Ac ~)> /Vo _., I < • _4fQ > -BS 3B\ NO. vi i p.\J f cI S IA MlJ su Ip/A r:" I I ---+- I I 1 j _L- __ pl' lCc L (·'( OWNER: JUSTIN SCOTT "TRACT ONE" CVOL. 3667, PG. 105> D.R.K.C.T. "TRACT ONE" O.R.V.Z.C.T. ~OVALL-- l\" FIR I gv ~I~ ~ ~ I - ---- \5 <~ ~ ~~~lo o>_iw a.. . _ - SCALE: 1 "=200' l ___ 1- CITY OF OALLAS WATER LINE 0 RIGHT-OF-WAY cvoL. 500. PG. 413> D R.K.C.T. §I~ j 1 1 t ___ ~J~~ OWNER: FREDDIE KASPER VOL. 4534, PG. 133 D.R.K.C.T. PARCEL 265 262t824 S.F . 6.034 AC. SQUARE FEET CONTROL MONUMENT FOUND IRON ROD FOUND IRON PIPE ''2" SET IRON ROD WITH A RED PLASTIC CAP STAMPED "DAL-TECH" OR "DTE" SET "X" CUT IN CONCRETE FOUND PK. NAIL SET PK. NAIL FOUND CONCRETE MONUMENT WI BRASS DISK STAMPED "CITY OF DALLAS" BEGINNING POIN T OF IC.M.> - - -- , t3,6.96' ----- 0 Su.a / rf/ J::f1lo• J ~f..... )-' SB'0 32'24"'N CITY OF DALLAS WATER LINE RIGHT-OF-WAY VOL. 437, PG. 525 O.R.K.C .T. -@ /l ~ 1u :J I- Q_ <( u l~ 2 00 ~ JN :J 'Z :r. /-- ...... ...... II ~ w _J I- <( I--! z ...--::::: -:. u V) I--! /"'" u w I--! > I<( 2 I--! v I"'") N 0 CL w Q_ Q_ <( u 0:: <( CL ....c9. f', p.. x COUNCIL CHAMBER June 13, 2018 A RESOLUTION AUTHORIZING CONDEMNATION FOR THE ACQUISITION OF REAL PROPERTY. All capitalized terms are defined in Section 1 below. WHEREAS, the Dallas City Council by the FIRST RESOLUTION found that the USE of the PROPERTY INTEREST in and to the PROPERTY for the PROJECT is a public use; and WHEREAS, the Dallas City Council by the FIRST RESOLUTION found that a public necessity requires that CITY acquire the PROPERTY INTEREST in and to the PROPERTY from OWNER for the PROJECT; and WHEREAS, the Dallas City Council by the FIRST RESOLUTION authorized acquisition, by purchase, of the PROPERTY INTEREST in and to the PROPERTY held by OWNER for the PROJECT; and WHEREAS, the OWNER refused to sell the PROPERTY INTEREST in and to the PROPERTY to CITY for the OFFICIAL OFFER AMOUNT contained in the FIRST RESOLUTION; and WHEREAS, the Dallas City Council desires to authorize the City Attorney to acquire the PROPERTY INTEREST in and to the PROPERTY by condemnation for the OFFICIAL OFFER AMOUNT stated herein. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. For the purposes of this resolution, the following definitions shall apply: “CITY”: The City of Dallas “FIRST RESOLUTION”: Resolution No. 17-1556 approved by the Dallas City Council on September 27, 2017, which is incorporated herein by reference. “PROPERTY": Approximately 5,379 square feet of land located in Kaufman County, Texas, and being the same property more particularly described in "Exhibit A", attached hereto and made a part hereof for all purposes. “PROPERTY INTEREST”: Fee Simple “PROJECT”: Lake Tawakoni 144-inch Raw Water Transmission Pipeline COUNCIL CHAMBER June 13, 2018 SECTION 1. (continued) “USE”: The construction, use, and maintenance of a two lane undivided road, increasing roadway capacity for future growth, provided, together with such appurtenant facilities as may be necessary, however, to the extent fee title to the PROPERTY is acquired through instrument, such title in and to the PROPERTY shall not be limited to, or otherwise deemed restricted to, the USE herein provided. "OWNER": Harold J. Baber, provided, however, that the term “OWNER” as used in this resolution means all persons or entities having an ownership interest, regardless of whether those persons or entities are actually named herein. "OFFICIAL OFFER AMOUNT": $27,750 "CLOSING COSTS AND TITLE EXPENSES": Not to exceed $1,950 "AUTHORIZED AMOUNT": $29,700 (OFFICIAL OFFER AMOUNT plus CLOSING COSTS AND TITLE EXPENSES) “DESIGNATED FUNDS”: $29,700 from Water Capital Construction Fund, Fund 0102, Department DWU, Unit CW20, Activity RWPT, Program 704041, Object 4210, Encumbrance/Contract No. CX-DWU-2017-00002861. SECTION 2. That the CITY will pay court costs as may be assessed by the Special Commissioners' or the Court. Further, that litigation expenses determined by the City Attorney to be necessary are authorized for payment. All costs and expenses described in this section shall be paid out of and charged to the DESIGNATED FUNDS. SECTION 3. That the City Attorney is authorized and requested to file the necessary proceeding and take the necessary action for the acquisition of the PROPERTY INTEREST in and to the PROPERTY by condemnation or in any manner provided by law. SECTION 4. That in the event it is subsequently determined that additional persons or entities other than those named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties as defendants in said condemnation proceeding and/or suit. SECTION 5. That in the event the Special Commissioners' appointed by the Court return an award that is the same amount, or less, than the OFFICIAL OFFER AMOUNT, the City Attorney is hereby authorized to acquire the PROPERTY INTEREST COUNCIL CHAMBER June 13. 2018 SECTION 5. (continued) in and to the PROPERTY by instrument, or judgment, for the Special Commissioners' Award Amount. If the PROPERTY INTEREST in and to the PROPERTY is being acquired by instrument, the Chief Financial Officer is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in an amount not to exceed the Special Commissioners' Award Amount, made payable to OWNER, or the then current owner(s) of record, or to the title company insuring the transaction described herein. If the PROPERTY INTEREST in and to the PROPERTY is not being acquired through instrument, the Chief Financial Officer is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in an amount not to exceed the Special Commissioners' Award Amount, made payable to the County Clerk of Dallas County, Texas, to be deposited into the registry of the Court, to enable CITY to take possession of the PROPERTY INTEREST in and to the PROPERTY without further action of the Dallas City Council. The Chief Financial Officer is further authorized and directed to issue another check, to be paid out of and charged to the DESIGNATED FUNDS, in the amount of the CLOSING COSTS AND TITLE EXPENSES, made payable to the title company insuring the transaction described herein. The Special Commissioners' Award Amount and the CLOSING COSTS AND TITLE EXPENSES together shall not exceed the AUTHORIZED AMOUNT. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: LARRY E. CASTO, City Attorney Exhibit A FIELD NOTES DESCRIBING A TRACT OF LAND FOR FEE SIMPLE ACQUISITION OF RIGHT-OF-WAY FOR THE LAKE TAWAKONI RAW WATER TRANSMISSION MAIN VAN ZANDT COUNTY, TEXAS Parcel: 234 BEING a 5,379 square foot (0.1235 acre) tract of land in the J. McCown Survey, Abstract No. 527, being all of Lot 198 of the Retirement Village Revision No. II, an Addition to Rolling Oaks Subdivision, as recorded in Slide 34-A of the Plat Records of Van Zandt County, Texas, said Lot 198 being described in Warranty Deed to Harold J. Baber, as recorded in Volume 927, Page 943, of the Real Records of Van Zandt County, Texas; All bearings for this tract refer to the NAD-83 Texas State Plane Coordinate System, North Central Zone 4202, according to measurements made at NGS continuously operating reference stations Collin CORS ARP, Dallas CORS ARP, Kaufman CORS ARP, Tyler CORS ARP, and Paris CORS ARP. The Kaufman County scale factor of I .000 I 14077 as pub Iished by the Texas Department of Transpo1tation, Dallas District was used for this project. A plat of even survey elate herewith accompanies this legal description. Company Name: .DAL-TECH Engineering, Inc. TBPLS Firm No. 10123500 By: --CJ£J-=~--+--1-/YJ~'Q,,___ _L/__,__·~ZD=.-..1 )'--=-J_ Surveyor's Name: Date: Patrick J. Baldasaro Registered Professional Land Surveyor Texas No. 5504 1 nf / - \ I ..-I I/" LDT ...- > -.i "', I 99 '4 "?J I LOT"\ LDT \\ i N88" 204 \ \)( ~ ' \ ( ) tR ~ ~ CC.M.l \ I ~ LOT 199 ~·s1R ,i 01 . Vl · ::;E LEGEND: S.F. C.M. 0 FIR 0 FIP O ''z"S IR W/CAP /CAP I I - / / / LOT 207 1" FIP CDISTURBEDl ----- LOT 206 I SOUARE FEET CONTROL MONUMENT FOUND IRON ROD FOUND IRON PIPE ''2" SET I RON ROD WI TH A RED PLASTIC CAP STAMPED "DAL-TECH" OR "DTE" SET "X" CUT IN CONCRETE FOUND PK. NAIL SET PK. NAIL . . R~0MENT CR R V , I T / , \ \ ALL BEARINGS FOR THIS TRACT REFER TO THE NAD-83 TEXAS STATE PLANE COORDINATE SYSTEM. NORTH CENTRAL ZONE 42D2. ACCORDING TO MEASUREMENTS MADE AT NGS CONTINUOUSLY OPERATING REFERENCE STATIONS COLLIN CORS ARP. DALLAS CORS ARP. KAUFMAN CORS ARP, TYLER CORS ARP. AND PARIS CORS ARP. THE KAUFMAN COUNTY SCALE FACTOR OF 1.000114077 AS PUBLISHED BY THE TEXAS DEPARTMENT OF TRANSPORTATION. DALLAS DISTRICT WAS USED FOR THIS PROJECT. ~ 3 D~B~39;-~CB~1~1·~~W~~~~~Y~CO~MM~l~TM~E~N/~~~~l~~NT~~NAtTtlO~N~AL~Tl,TT•~: LOT 164-A I I \ \ LOT 164 ~ II \ OF A I I __.....-;-;:;:'51 R£VISEO · RECORD DAT SURVEY WAS PER INSURANCE ~o~ROVIDEO UNDE~o:MED BASE UPON AN EFFECTIVE . . NUMBER LE DATE OF FEBRUARY 24 . 2011 z \~ " /I ~ 193 , 4 I 195 196 -55'-:5 "- - LOT I 0 ?_Q.7- "'3 . 'b\?,LOT . ,- _ LOT - - - ...- ...- '/i' ____...-:;:; 061 1>-0rD So -Q'P\o\.\~\ - 200 --.., 1j§~' o' ,,; ogjf --: ••.,,.. IN ADDITIO VILLAGE . ISION NO II ROLLING OAK 3 N TO ''c--~D~c1D,<-Q"'l'I'~ --- 79 S.F. .•1235 AC .4 23 5ARCEL 3 p 0 p_ I -l' --------- - -------- - - -------- - . - . - ~'O~P-~~Q1o<:J l _ _ >---.. - I 1 - - ...-...---- -------- --------- - j- 1 f'\BS I Y' • uP'J('I Mcc o'l'J N c" SNo . Sz.1 0 STRATEGIC PRIORITY: AGENDA ITEM # 21 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): Outside City Limits DEPARTMENT: Department of Sustainable Development and Construction Water Utilities Department CMO: Majed Al-Ghafry, 670-3302 MAPSCO: N/A ________________________________________________________________ SUBJECT Authorize moving expense and replacement housing payments for Sandra Witt as a result of an official written offer of just compensation to purchase real property at 369 VZ CR 3843 for the Lake Tawakoni 144-inch Transmission Pipeline Project - Not to exceed $55,639 - Financing: Water Utilities Capital Improvement Funds BACKGROUND Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for individuals displaced by the City of Dallas in conjunction with its real property acquisition activities. On August 23, 2017, City Council authorized the acquisition of real property known as 369 VZ CR 3843 for Lake Tawakoni 144-inch Transmission Pipeline Project by Resolution No. 17-1321. Sandra Witt will be displaced as a direct result of this property acquisition. She qualifies for a moving expense payment of up to $4,675 and a last resort calculated replacement housing payment of up to $50,964 pursuant to the Dallas City Code and will use the replacement housing payment to acquire a replacement property. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 23, 2017, City Council authorized the acquisition by Resolution No. 17-1321. Information about this item will be provided to the Mobility Solutions, Infrastructure & Sustainability Committee on June 11, 2018. Agenda Date 06/13/2018 - page 5 FISCAL INFORMATION Water Utilities Capital Improvement Funds - $55,639 OWNER Sandra Witt MAP Attached Agenda Date 06/13/2018 - page 6 LAKE TAWAKONI PIPELINE PROJECT RELOCATION ASSISTANCE Parcel 225 Lots 168 & 168-A, – 369 VZ CR 3843 COUNCIL CHAMBER June 13, 2018 WHEREAS, on August 23, 2017, City Council authorized the acquisition of real property known as 369 VZ CR 3843 to be used in conjunction with the Lake Tawakoni 144-inch Transmission Pipeline Project by Resolution No. 17-1321; and WHEREAS, Sandra Witt will be displaced as a direct result of this property acquisition and will vacate the property; and WHEREAS, Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas provides moving expense and replacement housing payments for individuals displaced by City of Dallas property acquisition activities. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Sandra Witt will be displaced in conjunction with the construction of Lake Tawakoni 144-inch Transmission Pipeline Project and is entitled to moving expense and replacement housing payments pursuant to Chapter 39A of the Revised Code of Civil and Criminal Ordinances of the City of Dallas. SECTION 2. That Sandra Witt is eligible to receive a moving expense payment in an amount up to $4,675 and a replacement housing payment in an amount up to $50,964. SECTION 3. That the Chief Financial Officer is hereby authorized to draw warrants in favor of Sandra Witt, in an amount not to exceed $55,639 for moving expense and replacement housing payments. These warrants are to be paid as follows: Water Capital Improvement Fund Fund 3115, Department DWU, Unit PW20 Object 4230, Program 704041 Encumbrance/Contract No. CX-DWU-2018-00002875-1 Vendor VC17725 $50,964 Water Capital Improvement Fund Fund 3115, Department DWU, Unit PW20 Object 4230, Program 704041 Encumbrance/Contract No. CX-DWU-2018-00002875-1 Vendor VC17725 $ 4,675 Total amount not to exceed $55,639 COUNCIL CHAMBER June 13, 2018 SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. STRATEGIC PRIORITY: AGENDA ITEM # 22 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 2 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 34T ________________________________________________________________ SUBJECT An ordinance granting a private license to the Board of Regents of The University of Texas System, for the use of approximately 1,001 square feet of subsurface land to occupy, maintain and utilize a subsurface portion of Inwood Road right-of-way located near the intersection of Forest Park Road and Inwood Road – Revenue: $1,297 annually, plus the $20 ordinance publication fee BACKGROUND This item grants a private license to the Board of Regents of The University of Texas System, for the use of approximately 1,001 square feet of subsurface land to occupy, maintain and utilize a subsurface portion of Inwood Road right-of-way located near the intersection of Forest Park Road and Inwood Road. The use of this area will not impede pedestrian or vehicular traffic. The licensee will indemnify the City and carry general liability insurance naming the City as an additional insured. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Information about this item will be provided to the Mobility Solutions, Infrastructure and Sustainability Committee on June 11, 2018. FISCAL INFORMATION Revenue - $1,297 annually, plus the $20 ordinance publication fee OWNER Board of Regents of The University of Texas System Paul L. Foster, Chairman MAP Attached Agenda Date 06/13/2018 - page 2 "'• T 5756 BLOCK C/5759 37 BLOCK 5756 35 16 15 N ', y / ' ·; / 11111111 1'.. / 5754 LICENSE AREA A ORDINANCE NO. _____________ An ordinance granting a private license to the Board of Regents of The University of Texas System to occupy, maintain and utilize a subsurface portion of Inwood Road right-of-way located near the intersection of Forest Park Road and Inwood Road, adjacent to City Blocks 5756 and C/5759 within the limits hereinafter more fully described, for the purpose of occupying, maintaining and utilizing a subsurface communication ductbank that consist of two 4-inch Schedule 40 PVC pipes encased in a 12-inch steel pipe filled with grout; providing for the terms and conditions of this license; providing for the annual compensation to be paid to the City of Dallas; providing for payment of the publication fee; and providing an effective date of this license and ordinance. ooo0ooo BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That a private license, hereinafter referred to as “license”, subject to the restrictions and conditions of this ordinance, is hereby granted to the Board of Regents of The University of Texas System, an agency of the State of Texas, hereinafter referred to as “GRANTEE”, to occupy, maintain and utilize for the purpose set out hereinbelow the tract of land described in Exhibit A, hereinafter referred to as “licensed area” which is attached hereto and made a part hereof. SECTION 2. That this license is granted for a term of forty (40) years, unless sooner terminated according to other terms and provisions herein contained. SECTION 3. That GRANTEE shall pay to the City of Dallas the sum of ONE THOUSAND TWO HUNDRED NINETY SEVEN AND NO/100 DOLLARS ($1,297.00) nd annually for the license herein granted, said sum to become due and payable on the 2 day of January each year, in advance, during the term hereof; provided, however, that the first payment due hereunder in the sum ONE THOUSAND TWO HUNDRED NINETY SEVEN AND NO/100 DOLLARS ($1,297.00) shall be paid prior to the final passage of this ordinance and shall cover the consideration for 2018. Such consideration shall be in addition to and exclusive of any other taxes or special MG/45502 1 SECTION 3. (continued) assessments required by law to be paid by GRANTEE. Should GRANTEE fail to pay the above stated annual fee within sixty (60) days of the due date, the Director of the Department of Sustainable Development may terminate this license. All sums payable to the City of Dallas hereunder shall be paid to the Chief Financial Officer of the City of Dallas and deposited in the General Fund, Fund 0001, Department DEV, Unit 1181, Revenue Code 8200. In the event GRANTEE’s check for the license fee is dishonored, GRANTEE shall pay to the City a processing fee of $25.00 for each dishonored check. Additionally, all monies owed to the City under this license shall be subject to the assessment of interest at a rate of 10 percent a year from the day after any monies become due until it is paid in full, in accordance with Section 2-1.1 of the Dallas City Code. SECTION 4. That the licensed area shall be used by GRANTEE for the following purpose under the direction of the Director of Department of Sustainable Development and Construction of the City of Dallas: to occupy, maintain and utilize a subsurface communication ductbank that consist of two 4-inch Schedule 40 PVC pipes encased in a 12-inch steel pipe filled with grout. SECTION 5. That this license is subject to the provisions set forth in Exhibit B, attached hereto and made a part hereof. SECTION 6. That this license is nonexclusive and is made expressly subject and subordinate to the right of the City to use the licensed area for any public purpose. The Governing Body of the City of Dallas reserves the right by Resolution duly passed by said Governing Body, to terminate and cancel this license upon giving GRANTEE sixty (60) days notice of its intent to cancel. Upon termination, all rights granted hereunder shall thereupon be considered fully terminated and cancelled and the City of Dallas shall not be held liable by reason thereof. Said Resolution shall be final and shall not be subject to review by the Courts. GRANTEE shall have the right of cancellation upon giving the City of Dallas sixty (60) days written notice of its intention to cancel, and in either event upon the termination or cancellation by the City or GRANTEE, as the case may be, this license shall become null and void and GRANTEE or anyone claiming any MG/45502 2 SECTION 6. (continued) rights under this instrument shall remove, to the extent required by the Director of Department of Sustainable Development and Construction, any improvements and encroachments from the licensed area at GRANTEE’s expense. Failure to do so shall subject GRANTEE to the provisions contained in Exhibit B, Subsection (a). All work shall be done at the sole cost of GRANTEE and to the satisfaction of the Director of Department of Sustainable Development and Construction. SECTION 7. That the license is subject to the following conditions, terms and reservations: (a) GRANTEE acknowledges the City of Dallas Thoroughfare Plan, Section 51A-9, which requires Inwood Road to remain a 100 feet right-of-way. (b) GRANTEE shall obtain building permits and a right-of-way permit must be applied for and issued prior to any work in the right-of-way. (c) GRANTEE shall maintain the right-of-way for government access in order to facilitate emergency response and water supply during and after completion of the project. (d) GRANTEE acknowledges ATMOS has active facilities in the area including a large diameter distribution line and a high pressure line. If conflicts exist, the GRANTEE will be responsible for the cost to relocate said facilities otherwise Exhibit B would apply. (e) GRANTEE shall locate all AT&T fiber and copper cable below Inwood Road from Harry Hines Boulevard left to Forest Park Road. SECTION 8. That upon the effectiveness of this ordinance, the Director of Department of Sustainable Development and Construction, or designee, is hereby authorized to execute a NOTICE OF LICENSE and to file same in the deed records of Dallas County, Texas. Additionally, the Director of Department of Sustainable Development and Construction, or designee, is hereby authorized to execute a cancellation of Notice of License upon termination by the City or GRANTEE and to file such cancellation of Notice of License in the deed records of Dallas County, Texas. MG/45502 3 SECTION 9. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 10. That this license may not be assigned without prior written approval from the Director of Department of Sustainable Development and Construction, or designee. Such assignment shall recite that it is subject to the terms, restriction and conditions contained in this ordinance. The assignee shall deliver evidence of ownership of property abutting the licensed area, and a copy of the assignment, along with the assignee’s written acceptance of the provisions of this ordinance, to the Director of Department of Sustainable Development and Construction within 10 days of such assignment; said assignment and written acceptance shall be forwarded to the City Secretary of the City of Dallas. Should GRANTEE fail to obtain prior written approval for assignment of this license or fail to provide the City of Dallas with the required written acceptance and a copy of the assignment, the Director of Department of Sustainable Development and Construction, or designee, may terminate this license. SECTION 11. That in lieu of the insurance requirements specified in Exhibit B, Subsection (c), GRANTEE may self-insure to the extent permitted by applicable law under any plan of self-insurance, maintained in accordance with sound accounting practices, against the risks described in this Subsection (c) and shall not be required to maintain insurance hereunder provided that GRANTEE furnishes the City satisfactory evidence of the existence of an insurance reserve adequate for the risks covered by such plan of self-insurance, evidence of which shall be provided to the City prior to issuance of a certified copy of the ordinance to GRANTEE. SECTION 12. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee. Upon receipt of the fee pursuant to Section 3 of this ordinance, an acceptable certificate of insurance and the fee for publishing this ordinance which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction, or designee, shall deliver to MG/45502 4 SECTION 12. (continued) GRANTEE the certified copy of this ordinance. The Director of Department of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 13. That this ordinance is designated for City purposes as Contract No. DEV-2018-00005011. SECTION 14. 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: LARRY E. CASTO, City Attorney DAVID COSSUM, Director Department of Sustainable Development and Constru · n Assistant Director MG/45502 5 Exhibit A LICENSE AGREEMENT INWOOD ROAD ADJACENT TO CITY BLOCKS 5756 AND C/5759 OUT OF THE MILES BENNETT SURVEY, ABST. NO. 52 AND THE CRAWFORD GRIGSBY, ABST. NO. 533, IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 1,001 square foot or 0.0230 acre tract of land situated in the Miles Bennett Survey, Abstract Number 52, and the Crawford Grigsby Survey, Abstract Number 533, and being part of Inwood Road (formerly County Road 79; formerly Park Avenue; a variable width right-of-way) adjacent to City Blocks 5756 and C/5759, and being more particularly described as follows: COMMENCING at an "X" cut found in concrete for the northwest corner of that tract of land in City Block 5756 described in Special Warranty Deed to The Board of Regents of the University of Texas System, as recorded in Volume 2004155, Page 601, of the Official Public Records of Dalla s County, Texas (O.P.R.D.C.T.), said corner being the northeast corner of Lot 1, City Block A/5757, M.C.D. Inwood No. 4 Addition in the City of Dallas as shown on plat thereof recorded in Volume 85161, Page 3418, of the Deed Records of Dallas County, Texas (D.R.D.C.T.), said corner also being on the southeast right-of-way line of said Inwood Road; THENCE North 43 degrees 53 minutes 45 seconds East, with the northwest line of said University of Texas tract in City Block 5756 and the southeast right-of-way line of said Inwood Road, a distance of 159.06 feet to a point for corner and the POINT OF BEGINNING of the herein described tract of land; THENCE North 46 degrees 42 minutes 28 seconds West, departing the northwest line of said University of Texas tract and the southeast right-of-way line of said Inwood Road, over and across said Inwood Road, a distance of 100.08 feet to a point for corner; said point being on the northwest right-of-way line of said Inwood Road and the southeast line of that tract of land described in Special Warranty Deed to the Board of Regents of the University of Texas System for and on behalf of the University of Texas Southwestern Medical Center at Dallas, as recorded in Volume 92146, Page 4605, D.R.D.C.T. and the southeast line of City Block C/5759 of Forest Park, an addition to the City of Dallas as shown on plat thereof recorded in Volume 241, Page 41, D.R.D.C.T.; THENCE North 43 degrees 33 minutes 04 seconds East, with the northwest right-of-way line of said Inwood Road and with the southeast line of said Medical Center tract and City Block C/5759, a distance of 10.00 feet to a point for corner; (For SPRG use only) Reviewed by: Date: SPRG NO .: A.~od~ ~"'~'1.. if 2.4/ JB lf 3 ~lo Page 1of3 5657-LD-LA- UTSW COMM LINE.DOCX 1.16.2018 Exhibit A LICENSE AGREEMENT INWOOD ROAD ADJACENT TO CITY BLOCKS 5756 AND C/5759 OUT OF THE MILES BENNETT SURVEY, ABST. NO. 52 AND THE CRAWFORD GRIGSBY, ABST. NO. 533, IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE South 46 degrees 42 minutes 28 seconds East, departing the northwest right-of-way line of said Inwood Road and the southeast line of said Medical Center tract and City Block C/5759, over and across said Inwood Road, a distance of 100.14 feet to a point for corner, said point being on the aforementioned northwest line of said University of Texas tract in City Block 5756 and the southeast right-of-way line of said Inwood Road, and from which an "X" cut found in concrete for the northeast corner of said tract of land in City Block 5756 described in Special Warranty Deed to The Board of Regents of the University of Texas System, as recorded in Volume 2004155, Page 601, O.P.R.D.C.T., bears North 43 degrees 53 minutes 45 seconds East, a distance of 111.01 feet; THENCE South 43 degrees 53 minutes 45 seconds West, with the northwest line of said University of Texas tract in City Block 5756 and the southeast right-of-way line of said Inwood Road, a distance of 10.00 feet to the POINT OF BEGINNING and CONTAINING 1,001 square feet or 0.0230 acres of land, more or less. BASIS OF BEARING: State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, U.S. Survey Feet; Surface Adjustment Scale Factor (SF) = 1.0001365060 (TxDOT Dallas Co. SF). Rene M. Salinas Registered Professional Land Surveyor Texas No. 6093 (For SPRG use only) Reviewed by: Date: SPRG NO.: 5657 -LD LA- UTSW COMM LINE.DOCX A. ~od~(~ "l.. 1/24/ / 43 'O lo Page 2 of 3 1.16.2018 Exhibit A LINE TABLE BEARING LINE DISTANCE L1 L2 L3 L4 L5 L6 L7 LB Q' 40' POINT. OF COMMENCING !GRAPHIC SCALE 1" = 40' COUNlY TEXAS FOUND FND. IRF IRON ROD FOUND IRFC IRON ROD FND. WITH CAP INSTRUl.IENT NUl.IBER INST. ND. l.IDNUl.IENT I.ION. O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS OF DALW> COUNlY TEXAS RIGHT- OF - WAY R.o.w. VOL. VDLUl.IE PAGE PG. D.R.D.C.T. BASIS OF BEARING: State Plane coordinate system, Texas North central zone 4202, North American Datum of 1983, u .s. Survey Feet; Surface Adjustment scale Factor (sFJ ,, i.ooo136so6o (TxDOT Da llas Co. SF). LICENSE AGREEMENT INWOOD ROAD ADJACENT TO CITY BLOCKS 5756 AND C/5759 OUT OF THE MILES BENNETT SURVEY, ABST. NO . 52 AND THE CRAWFORD GRIGSBY, ABST. NO. 533, IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS 1 - - - - - - - - - - - - - - - - - - . - - - - - - - ---1 4 Garcia Land Data Inc G • o T rn-9117•11'9 621t1Con:pbc11 R; Ste l lU iaP~~·;.~~-:,·~2<;01JGl0<~·'"'" TX 75HK-IJH8 1 DAT E JAN. 16. 201a PROJ: 565 7 PAGE 3 OF 3 1 EXHIBIT B COMMERCIAL ENTITY ADDITIONAL LICENSE PROVISIONS That this license is granted subject to the following additional conditions, terms and reservations: (a) That at such time as this license is terminated or canceled for any reason whatsoever, GRANTEE, upon orders issued by the City acting through the Director of Sustainable Development and Construction , or designee, shall remove all installations, improvements and appurtenances owned by it situated in, under or attached to the licensed area, and shall restore the premises to its former condition in accordance with the requirements of the Director of Sustainable Development and Construction at the sole cost of GRANTEE . In the event, upon termination of this license, GRANTEE shall fail to remove its installations, improvements and appurtenances and to restore the licensed area in compliance with orders issued by City, or such work is not done to the satisfaction of the Director of Sustainable Development and Construction , then in either event the City shall have the right to do all work necessary to restore said area to its former condition or cause such work to be done, and to assess the cost of all such work against GRANTEE; in neither event shall the City of Dallas be liable to GRANTEE on account thereof. (b) It is further understood that if and when the City of Dallas, in the exercise of its discretion, shall determine that the grade of any street, sidewalk or parkway should be modified or changed , or that any other work should be done in connection with any public improvement which will affect the licensed area, and/or any of GRANTEE'S installations and improvements thereon, any modifications or changes to GRANTEE's facilities in the licensed area or in construction or reconstruction of any public improvement attributable to GRANTEE's use of the licensed area and/or its installations and improvements thereon , shall be made at the sole expense of GRANTEE and to the satisfaction of the Director of Sustainable Development and Construction . (c) At such time as this license is granted, it is agreed , and a condition hereof, that GRANTEE shall procure and keep in full force and effect Commercial General Liability Insurance coverage issued by an insurance company authorized and approved by the State of Texas, acceptable to the City of Dallas and issued in the standard form approved by the Texas Department of Insurance. The insured provisions of this policy must name the City of Dallas as an additional insured protecting the City of Dallas against any and all claims for damages to persons or property as a result of or arising out of the use, operation and maintenance by GRANTEE of the licensed area and GRANTEE's installations, improvements, landscaping and equipment in connection therewith and located therein. The Commercial General Liability coverage must include, but not limited to, Premises/Operations, Independent Contractors and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of not less than $500,000 per occurrence and $500,000 annual aggregate. This insurance shall also include coverage for underground, explosion and collapse hazards (i.e. not excluded) . If this insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than License -Commercial Exhibit B Rev 01/2010 2 EXHIBIT B COMMERCIAL ENTITY ADDITIONAL LICENSE PROVISIONS twelve (12) months following termination of this license and removal of the installations, improvements and appurtenances and restoration of the licensed area pursuant to paragraph (a) above. Coverage, including any renewals, shall contain the same retroactive date as the original policy applicable to this license. The City of Dallas reserves the right to review the insurance requirements set forth herein during the effective term of the license and to adjust insurance coverages and their limits when deemed necessary and prudent by the City of Dallas' Risk Management based upon changes in statutory law, court decisions, or the claims history of the industry as well as the City of Dallas. 1. GRANTEE agrees that with respect to the above required insurance, all insurance contracts and certificates of insurance will contain and state, in writing , that coverage shall not be canceled, nonrenewed or materially changed except after thirty (30) days written notice by certified mail to Department of Sustainable Development and Construction. 2. GRANTEE shall carry said insurance at its expense and shall furnish the City of Dallas proof of such insurance. In the event said insurance should terminate during the licensing term hereof, or GRANTEE fails to furnish proof of insurance coverage in accordance with the specifications as required by this section, the Director of Sustainable Development and Construction, or designee, may terminate the license granted herein. {d) GRANTEE is prohibited from using the licensed area in any manner which violates Federal, State or local laws, regulations, rules and orders, regardless of when they become or became effective, including without limitation, those related to health , safety, noise, environmental protection, waste disposal and water and air quality, and shall provide satisfactory evidence of compliance upon the request of the City of Dallas. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the licensed area due to GRANTEE's use and occupancy thereof, GRANTEE , at its expense, shall be obligated to clean up the licensed area to the satisfaction of the City of Dallas and any governmental body having jurisdiction thereover. The City of Dallas may, at its option, clean the licensed area. If the City of Dallas elects to do so, GRANTEE shall promptly pay to the City of Dallas the reasonable cost of such cleanup upon receipt of bills therefore. GRANTEE agrees that the indemnity provisions contained in paragraph (g) herein shall be fully applicable to the requirements of this paragraph, in event of GRANTEE's breach of this paragraph, or as a result of any such discharge, leakage, spillage, emission or pollution arising out of the GRANTEE's use of the licensed area. (e) This license is subject to all State laws, the provisions of the Charter of the City of Dallas as it now exists, or may hereafter be adopted or amended , and the ordinances of the City of Dallas now in effect or those which may hereafter be passed or adopted. The City of Dallas shall have the right to increase or decrease the compensation to be charged for the use contemplated by this grant in License -Commercial Exhibit B Rev 01/2010 3 EXHIBIT 8 COMMERCIAL ENTITY ADDITIONAL LICENSE PROVISIONS accordance with the provisions of the Dallas City Code as it now exists, or as may hereafter be adopted or amended. (f) The Governing Body of the City of Dallas reserves the right, at any time without notice, to terminate and cancel this license, by resolution, upon a finding by the Governing Body that this license is inconsistent with the public use of the property or whenever the purpose or use of the license is likely to become a nuisance and all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City of Dallas shall not be held liable by reason thereof. The decision of the Governing Body of the City in this matter shall be final and binding upon all parties insofar as the City's determination as to whether the GRANTEE's use of this license constitutes a nuisance or is inconsistent with the public use of the property. (g) As a condition hereof, GRANTEE agrees and is bound to defend, indemnify and hold the City of Dallas, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for bodily injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the use, occupancy and maintenance of the licensed area or GRANTEE's installations and improvements within the licensed area, from any act or omission of any representative, agent, customer and/or employee of GRANTEE, or by GRANTEE's breach of any of the terms or provisions of this license, or by any negligent or strictly liable act or omission of GRANTEE, its officers, agents, employees or contractors in the use, occupancy and maintenance of GRANTEE's installations and improvements within the licensed area; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City of Dallas, its officers , agents, employees or separate contractors, and in the event of joint and concurring negligence or fault of both the GRANTEE and the City of Dallas, respons ibility and liability, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City of Dallas under Texas law and without waiving any defenses of the parties under Texas law. Th is obligation to indemnify and defend shall also include any claim for damage that any utility or communication company, whether publicly or privately owned , may sustain or receive by reason of GRANTEE's use of the licensed area or GRANTEE's improvements and equipment located thereon . In addition to the foregoing , GRANTEE covenants and agrees never to make a claim of any kind or character whatsoever against the City of Dallas for damage of any kind that it may suffer by reason of the installation, construction , reconstruction, operation or maintenance of any public improvement, utility or communication facility on the licensed area, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water or wastewater mains or storm sewer facilities, regardless of whether such damage is due to License -Commercial Exhibit B Rev 01/2010 4 EXHIBIT 8 COMMERCIAL ENTITY ADDITIONAL LICENSE PROVISIONS flooding, infiltration, backflow or seepage caused from the failure of any installation, natural causes, City's negligence, or from any other cause whatsoever. (h) This license is subject to any existing utilities or communication facilities , including drainage, presently located within the licensed area, owned and/or operated by the City of Dallas or any utility or communications company, public or private, and to any vested rights presently owned by an utility or communications company, public or private, for the use of the licensed area for facilities presently located within the boundaries of said licensed area. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the licensed area for communication and utility purposes, both public and private, including drainage, over, under, through , across and along the licensed area. No buildings shall be constructed or placed upon, over or across the licensed area in such a manner as to interfere with the operation of any utilities and communication facilities. All and any communication company and utility, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction , maintenance or efficiency of its respective systems within the licensed area. All communication companies and utilities, both public and private, shall have the full right to remove and keep removed all parts of any buildings, fences , trees, or other improvements or growths which in any way may endanger or interfere with the construction , maintenance and efficiency of its respective system and shall at all times have the full right of ingress and egress to or from and upon the licensed area for the purpose of constructing, relocating , inspecting, patrolling , maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone . License -Commercial Exhibit B Rev 01/2010 STRATEGIC PRIORITY: AGENDA ITEM # 23 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 8 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 70N ________________________________________________________________ SUBJECT An ordinance abandoning Lariat Drive to LGI Homes-Texas, LLC, the abutting owner, containing approximately 4,674 square feet of land, located near the intersection of Greenhaw Lane and Woody Road; and authorizing the quitclaim - Revenue: $5,400, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of Lariat Drive to LGI Homes-Texas, LLC, the abutting owner. The area will be included with the property of the abutting owner for a single-family development. The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required. Notices were sent to 4 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Information about this item will be provided to the Mobility Solutions, Infrastructure & Sustainability Committee on June 11, 2018. FISCAL INFORMATION Revenue - $5,400, plus the $20 ordinance publication fee OWNER LGI Homes-Texas, LLC LGI Homes Inc. Michael Snider, President MAP Attached Agenda Date 06/13/2018 - page 2 BB 20 J •\ LARIAT DRIVE z !l.. 00 ,.... r' r BLOCK 8813 ROBJ.IWOOD ESlATESNO.; ADOmON 70·N 70 I ABANDONMENT AREA -- ORDINANCE NO. _____________ An ordinance providing for the abandonment of Lariat Drive located in City Block 8813 in the City of Dallas and County of Dallas, Texas; subject to a reverter; providing for the quitclaim thereof to LGI Homes-Texas, LLC; providing for the terms and conditions of the abandonment and quitclaim made herein; providing for barricading; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of LGI Homes-Texas, LLC, a Texas limited liability company, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim, subject to a reverter, the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions and reverter herein provided, said Lariat Drive is not needed for public use, and same should be abandoned and quitclaimed to GRANTEE, as hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same to GRANTEE for the consideration and subject to the terms, conditions and reverter hereinafter more fully set forth. Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the tract of land described in Exhibit A, which is attached hereto and made a part hereof for all purposes, be and the same is abandoned, vacated and closed insofar as the right, title and interest of the public are concerned; subject, however, to the reverter and the conditions hereinafter more fully set out. JL/44425 1 SECTION 2. That for and in monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($5,400.00) paid by GRANTEE, and the further consideration described in Sections 8, 9 and 10 the City of Dallas does by these presents QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, the reverter, and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all of its right, title and interest in and to the certain tract of land hereinabove described in Exhibit A. Provided however, that if GRANTEE, its successors and assigns, fails to file a final replat of the adjoining properties as required in Section 9 of this ordinance by the earlier of (i) the date applicable pursuant to the requirements of the Dallas Development Code Chapter 51A-8.403(a)(4)(D) which provides in pertinent part, as may be amended: “(D) Except as provided in this subparagraph, a preliminary plat approved by the commission expires five years after the commission action date approving the plat if no progress has been made toward completion of the project in accordance with Texas Local Government Code Section 245.005. An approved minor plat, amending plat (minor), or an administrative plat expires two years after the commission action date approving the plat or within two years after the date of the subdivision administrator’s action letter approving the administrative plat if no progress has been made toward completion of the project in accordance with Texas Local Government Code Section 245.005”; or (ii) the date that is the sixth anniversary of the passage of this ordinance; THEN this ordinance and quitclaim shall be rendered null and void and the right, title and easement of the public shall absolutely revert without any necessity for suit or re-entry by the City; and no act or omission on the part of the City, its successors and assigns, shall be a waiver of the operation or enforcement of this ordinance. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4. That the Chief Financial Officer is hereby authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund, Fund 0001, JL/44425 2 SECTION 4. (continued) Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction-Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund, Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund, Fund 0625, Department BMS, Unit 8888, Revenue Code 8416. SECTION 5. That the abandonment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise, and are further subject to the conditions contained in Exhibit B, which is attached hereto and made a part hereof for all purposes. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 7. That the abandonment and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon and vacate. SECTION 8. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold harmless the City of Dallas as to any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the area described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, its successors and assigns, agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A. GRANTEE, its successors and assigns, hereby JL/44425 3 SECTION 8. (continued) agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, “Hazardous Substance” means the following: (a) any “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any “chemical substance” under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. SECTION 9. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall file a final replat of the adjoining properties prior to the issuance of any building permits affecting the tract of land abandoned and quitclaimed herein. This final replat shall be recorded by GRANTEE in the official real property records of the county in which the abandoned area is located after its approval by the City Plan Commission of the City of Dallas. SECTION 10. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall, immediately upon the effectiveness of this abandonment, close, barricade and/or place signs in the area described in Exhibit A in accordance with detailed plans approved by the Director of Department of Sustainable Development and Construction. GRANTEE's responsibility for keeping the area described in Exhibit A closed, barricaded and/or the signs in place shall continue until the street improvements and intersection returns are removed by JL/44425 4 SECTION 10. (continued) GRANTEE, its successors and assigns , to the satisfaction of the Director of Department of Sustainable Development and Construction. SECTION 11. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the official real property records of the county in which the abandonment area is located, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee. Upon receipt of the monetary consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction, or designee: (i) shall deliver to GRANTEE a certified copy of this ordinance, and (ii) is authorized to and shall prepare and deliver a QUITCLAIM DEED with regard to the area abandoned herein, subject to a reverter interest, to GRANTEE hereunder, same to be executed by the City Manager on behalf of the City of Dallas, attested by the City Secretary and approved as to form by the City Attorney. The Director of Department of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 12. That this ordinance is also designated for City purposes as Contract No. DEV- 2018-00005846. SECTION 13. 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: LARRY E. CASTO, City Attorney DAVID COSSUM, Director Department of Sustainable Development and Construction ~~ )o~sistant Director JU44425 5 EXHIBIT A RIGHT-OF-WAY ABANDONMENT LARIAT DRIVE ADJACENT TO BLOCK 8813 SHADY OAKS ESTATES, PHASE 1 ROBERT KLEBURG SURVEY, ABSTRACT No. 716 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING A 4,674 SQUARE FEET (0.107 ACRE) TRACT OF LAND, SITUATED IN THE ROBERT KLEBURG SURVEY, ABSTRACT 716, ADJACENT TO CITY BLOCK 8813, CITY OF DALLAS, DALLAS COUNTY, TEXAS AND BEING LARIAT DRIVE (A 56-FOOT WIDE RIGHT-OF-WAY) DEDICATED BY SHADY OAKS ESTATES, PHASE 1, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN INSTRUMENT NO. 200600403943, OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "CARTER BURGESS" FOUND AT THE NORTH END OF A CORNER CLIP AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF STUBBS DRIVE (A 56-FOOT WIDE RIGHT-OF-WAY) AND THE SOUTHWESTERLY RIGHT-OFWAY LINE OF GREENHAW LANE (A 56-FOOT WIDE RIGHT-OF-WAY) BOTH STREETS DEDICATED BY SAID SHADY OAKS ESTATES, PHASE 1 COMMON WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO LGI HOMES - TEXAS, LLC, BY DEED RECORDED IN INSTRUMENT NO. 201600280940, SAID OFFICIAL PUBLIC RECORDS; THENCE NORTH 45 DEGREES 31 MINUTES 12 SECONDS WEST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF GREENHAW LANE AND SAID NORTHEASTERLY LINE OF SAID LGI HOMES TEXAS TRACT, A DISTANCE OF 224.02 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "CARTER BURGESS" FOUND (CONTROLLING MONUMENT (CM)) AT THE EAST END OF A CORNER CLIP AT THE INTERSECTION OF SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF GREENHAW LANE AND THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID LARIAT DRIVE BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 50 MINUTES 47 SECONDS WEST ALONG SAID CORNER CLIP AND SOUTHERLY RIGHT-OF-WAY OF LARIAT DRIVE, A DISTANCE OF 4.27 FEET TO A FOUND 5/8 INCH IRON ROD WITH CAP STAMPED "CARTER BURGESS" (CM); THENCE SOUTH 45 DEGREES 12 MINUTES 46 SECONDS WEST CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 80.66 FEET TO A 1/2 INCH IRON ROD WITH CAP STAMPED "TXHS" FOUND (CM) FOR THE SOUTHERLY CORNER OF SAID LARIAT DRIVE; THENCE NORTH 44 DEGREES 47 MINUTES 14 SECONDS WEST ALONG THE WESTERLY RIGHT-OFWAY LINE OF SAID LARIAT DRIVE, A DISTANCE OF 56.00 FEET TO A 1/2 INCH IRON ROD WITH CAP STAMPED "TXHS" FOUND (CM) FOR THE WESTERLY CORNER OF SAID LARIAT DRIVE; THENCE NORTH 45 DEGREES 12 MINUTES 46 SECONDS EAST ALONG THE NORTHERLY RIGHT-OFWAY LINE OF SAID LARIAT DRIVE, A DISTANCE OF 79.94 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "CARTER BURGESS" FOUND (CM) AT THE SOUTH END OF A CORNER CLIP AT THE INTERSECTION OF SAID NORTHWESTERLY RIGHT-OF-WAY LINE OF LARIAT DRIVE AND THE AFORESAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF GREENHAW LANE; THENCE NORTH 00 DEGREES 09 MINUTES 13 SECONDS WEST ALONG SAID CORNER CLIP, A DISTANCE OF 4.22 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "CARTER BURGESS" FOUND (CM) AT THE NORTH END OF SAID CORNER CLIP AT THE INTERSECTION OF SAID NORTHWESTERLY RIGHT-OF-WAY LINE OF LARIAT DRIVE AND SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF GREENHAW LANE; THENCE SOUTH 45 DEGREES 31 MINUTES 14 SECONDS EAST, A DISTANCE OF 62.01 FEET TO THE POINT OF BEGINNING AND CONTAINING 4,674 SQUARE FEET OR 0.107 ACRE OF LAND. (FOR SPRG USE ONLY) BY:&B~~~"'L "?>/ufij_ SPRG NO: £1o,3j__ REVIEWED DATE: Page 1of3 t:XHIBIT A RIGHT-OF-WAY ABANDONMENT LARIAT DRIVE ADJACENT TO BLOCK 8813 SHADY OAKS ESTATES, PHASE 1 ROBERT KLEBURG SURVEY, ABSTRACT No. 716 CITY OF DALLAS, DALLAS COUNTY, TEXAS A PLAT OF EQUAL DATE ACCOMPANIES THIS LEGAL DESCRIPTION AND MADE A PART THEREOF. BEARINGS SYSTEM BASED ON THE STATE TEXAS COORDINATE SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983 (2011 ). ~d.~·ZB· IP> MATTHEW W. GOULD REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 5763 DATED: FEBRUARY 28, 2018 PAPE-DAWSON ENGINEERS, INC. 5700 W. PLANO PKWY, SUITE 2500 PLANO, TEXAS 75093 TEL: 214.420.8494 TBPLS FIRM# 10194390 (FOR SPRG USE ONLY) REVI E'NED ·f sv:A odtg~ DATE °3 ~/J SPRG NO: _ __ L/-o3S Page 2 of 3 RIGHT-OF-WAY ABANDONMENT LARIAT DRIVE ADJACENT TO BLOCK 8813 SHADY OAKS ESTA TES. PHASE 1 ROBERT KLEBURG SURVEY. ABSTRACT NO. 716 CITY OF DALLAS. DALLAS COUNTY. TEXAS 8 I 1 I 1 9 10 I I 12 13 SHADY OAKS IE9TATES PHASE 1 INSTRUMENT NO. 200600403943 O.P.R.D.C.T. ___ J L___ -------- 10· UTILITY EA EMENT INSTRU LOCK E/8813 --- ~I 0 o:;1 0... di ~I :c I 10' UTILITYjEASEMENT INS RUMEN T NO. 2006 0403943 O.P.R .C. T. 11 ....: I C') ~r 14 ~I ~ ~~~ I '3 "\~ I "o· I ~ --J L6 g . . _ o:: ~ ...I 01 w m (J) Q_ • Q_ '<1- (J) ~ .....,,..,1--- ,_ oz !---If---<{ w LGI HOMES-lEXAS, LLC INSlRUMENT NO. 201600280940 ~I O.P.R.C.C.T. :r"""" >- S1 S1 (J) ::) ~ 9 (J) ~I L3 z PROPOSED SHADY OAKS ESTATES PHASE 2 S167-080A LGI HOMEs-lEXAS, LLC NO. 201600280940 11... STRUMENT O.P.R.C.C.T. NOTES: 1) BEARINGS SYSTEM BASED ON THE STATE TEXAS COORDINATE SYSTEM OF 1983, TEXAS NORTH CENTIRAL ZONE ( 4202), NORTH AMERICAN DA TUM OF 1983 (2011 ). 2) 0.P.R.D.C.T. = OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS; D.R.D.C.T. = DEED RECORDS, DALLAS COUNTY, TEXAS; M.R.D.C.T. = MAP RECORD, DALLAS COUNTY, TEXAS; 12HS = 1/2-INCH IRON ROD FOUND WITH CAP STAMPED "TXHS"; 58CB = 5/8-INCH IRON ROD FOUND WITH CAP STAMPED "CARTER BURGESS" CM= CONTIROLLING MONUMENT; 3) METES AND BOUNDS DESCRIPTIONS OF EQUAL DA TE ACCOMPANIES THIS EXHIBIT. ·~ 1 inch = 60 LINE TABLE LINE BEARING LENGTH L1 S89"50' 4 7"W 4.27' L2 S45i2'46"W 80.66' l3 N44'47'14"W 56.00' L4 N45i2'46"E 79.94' L5 N00'09'13"W 4.22' L6 S45"31'14"E 62.01' ft. (FOR SPRG USE ONLY) REVIEWED BY: A./l.cl. .. DATE: o/t./J i..ai... '10~8 . 4) SURVEY NAMES SHOWN HEREON ARE FROM THE GLO'S GIS INTERACTIVE WEBSITE (2017-07). ..1 PUE-DAWSON , . . ENGINEERS DAUAS I SAN ANTONIDI AUSTIN! HD\JSTDNI FORT WORTH 5700 W PLANO PKWY, STE 2500 PLANO, lX 7!il9l 214.oQD.11494 TEXAS BOARD OF PROfE SSIDr-11.L ErGUC: ERS FIRl1 REGISTRATIO N • 1 70 TISPl.S FIRH REGISTMTQ.111 01 Ml90 PROJECT # : 07192-0001 PROJ. SVYR : MG DRAWN BY : RDJ FIELD BK . : N\A COMP. FILE : SHEE T # : 03 OF 03 DWG . # : 071950001 _E xVoc EXHIBIT B ADDITIONAL ABANDONMENT PROVISIONS That as a condition hereof, this abandonment is subject to any utilities or communication facilities, including without limitation water and wastewater lines, gas lines, and storm sewers, ("Facilities") presently located within the abandoned area described in Exhibit "A", owned and/or operated by the City of Dallas or any utility or communications company, public or private, ("Utility'') and to the rights of any Utility for the use of the abandoned area for its Facilities. It is the intent of the foregoing to confirm and maintain and there is hereby reserved and excepted unto the City of Dallas, and not abandoned or conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under, through, in, and across the abandoned area for each Utility for its respective Facilities located therein at the time of this abandonment, together with the right to make any subsequent alterations, additions, expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary or convenient by the Utility owning and/or operating same. No buildings, structures (above or below ground) or trees shall be constructed or placed within the abandoned area without written consent of each affected Utility. Each Utility shall have the full right to remove and keep removed all or part of any buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting, patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the necessity at any time of procuring the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area. The relocation, removal or adjustment of any or all such Facilities, if made necessary by GRANTEE'S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE herein, or GRANTEE'S successors and assigns. Should GRANTEE'S relocation or removal of the Facilities require the obtaining of new easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE'S successors and assigns. If any of the Facilities (or relocations thereof) are allowed to remain on any part of the abandoned area, the easements and buildings restrictions provided herein shall remain thereon. Upon removal or relocation of all of the Facilities, any easements reserved or created herein relating to such removed or relocated Facilities shall terminate, and any building restrictions herein created shall cease. ABAN.EXB (revised 11/9/00) STRATEGIC PRIORITY: AGENDA ITEM # 24 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 13 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 14Z ________________________________________________________________ SUBJECT An ordinance abandoning a portion of a sanitary sewer easement to Daniel Brothers, L.L.P., the abutting owner, containing approximately 2,010 square feet of land, located near the intersection of Forest Lane and Inwood Road - Revenue: $5,400, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of a portion of a sanitary sewer easement to Daniel Brothers, L.L.P., the abutting owner. The area will be included with the property of the abutting owner for a new multi-family development. The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Information about this item will be provided to the Mobility Solutions, Infrastructure & Sustainability Committee on June 11, 2018. FISCAL INFORMATION Revenue - $5,400, plus the $20 ordinance publication fee OWNER Daniel Brothers, L.L.P John A. Daniel, Member MAP Attached Agenda Date 06/13/2018 - page 2 sun-tn mm. H, WIllow Lane ??wnm L?n a a L?-v 1? um um 11/6362 6394 . (?th 31:13 lrh'oU?Jd I?j 639? ,2 g.1?345?73 ?;~34557. -.: - 52:4 uuv I 1 7- ?07'331 9/6362 ., . A ww'n ?5 t? 13 75-30 47 . ?9 i BLOCK 8/6382 8/6382 539? '6 a 1? 8 Axes? 6394 1 7 1 5 .i 639? 6395394 .. . 5 a BLOCK 6/6382 6394 .-, 7. . MW SAMU 6394 ?6394 .04 MASTEN - 1039 Forest Lane Tu'esr Ln MCCOY 0913' Faun-5! F-z-v'ev'm . . Emu-t 6393 6386 . . ABANDONMENT AREA - ORDINANCE NO. ____________ An ordinance providing for the abandonment and relinquishment of a portion of a sanitary sewer easement, located in City Blocks 6/6382 and 8/6382 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Daniel Brothers, L.L.P.; providing for the terms and conditions of the abandonment, relinquishment and quitclaim made herein; providing for the indemnification of the City of Dallas against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of Daniel Brothers, L.L.P., a Texas limited liability partnership; hereinafter referred to as GRANTEE, deems it advisable to abandon, relinquish and quitclaim the City of Dallas' right, title and interest in and to the hereinafter described tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said portion of sanitary sewer easement is no longer needed for municipal use, and same should be abandoned, relinquished and quitclaimed to GRANTEE as hereinafter provided, for the consideration hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the City will be served by abandoning, relinquishing and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth. Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas hereby abandons and relinquishes all of its right, title and interest in and to the tract of land described in Exhibit A, attached hereto and made a part hereof; subject, however, to the conditions hereinafter more fully set out. GM/45519 1 SECTION 2. That for and in monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 ($5,400.00) DOLLARS paid by GRANTEE, and the further consideration described in Section 8, the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all its right, title and interest in and to the certain tract or parcel of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4. That the Chief Financial Officer is hereby authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund, Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction-Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund, Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund, Fund 0625, Department BMS, Unit 8888, Revenue Code 8416. SECTION 5. That the abandonment, relinquishment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 7. That the abandonment, relinquishment and quitclaim provided for herein shall extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon, relinquish and quitclaim. GM/45519 2 SECTION 8. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold harmless the City of Dallas as to any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the area described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the area set out in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the area described in Exhibit A, which GRANTEE, its successors and assigns agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the area set out in Exhibit A. GRANTEE, its successors and assigns hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, “Hazardous Substance” means the following: (a) any “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any “chemical substance” under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. GM/45519 3 SECTION 9. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee. Upon receipt of the monetary consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction, or designee shall deliver to GRANTEE a certified copy of this ordinance. The Director of Department of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 10. That this ordinance is also designated for City purposes as Contract No. DEV-2018-00005135. 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: LARRY E. CASTO, City Attorney ·GM/45519 DAVID COSSUM, Director Department of Sustainable Development anCI 4 SANITARY SEWER EASEMENT ABANDONMENT PART OF LOT 16 AND OPEN SPACE IN BLOCK 6/6382 PART OF LOT 29, IN BLOCK 8/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 2,010 square foot (0.0461 acre) tract of land situated in the Heirs of the Isaiah Park Survey, Abstract No.1144, City of Dallas, Dallas County, Texas and being part of Lot 16 and Open Space in Block 6/6382, part of Lot 29, Block 8/6382, and in the same area of a utility and fire lane easement adjacent to Blocks 6/6382 and 8/6382 in First Installment Forestwood Townhouse Community an addition to the City of Dallas, according to the plat thereof recorded in Volume 72079, Page 2450, Deed Records, Dallas County, Texas, being part of a 15-foot wide sanitary sewer easement to the City of Dallas, recorded in Volume 5302, Page 538, Deed Records of Dallas County, Texas, part of a 5-foot wide sanitary sewer easement to the City of Dallas, recorded in Volume 72079, Page 2450, Deed Records of Dallas County, Texas and part of a 15-foot wide sanitary sewer easement to the City of Dallas, recorded in Volume 69223, Page 788, Deed Records of Dallas County, and being part a 29.161 acre tract land described in Affidavit of Ownership and Confirmation and Ratification of Conveyance to Partnership to Daniel Brothers L.L. , recorded in Instrument 20070151400, Official Public Records Dallas County, Texas and being more particularly described as follows: COMMENCING at a point in a utility vault at the intersection of the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, Dallas County, Volume 356, Page 334, Deed Records of Dallas County, Texas) with the north right-of-way line of Forest Lane (a 120-foot wide right-of-way, Dallas County, Volume 406, Page 85, Deed Records of Dallas County, Texas), at the southeast corner of Open Space, Block 1/6382 of said First Installment Forestwood Townhouse Community; from which a 1/2" iron rod found at the southwest corner of said First Installment Forestwood Townhouse Community bears South 89°15'39" West, a distance of 795.97 feet and a 5/8" iron rod with plastic cap stamped "KHA" found bears North 0°42'01" West, a distance of 5.00 feet; Inwood Road and the east line of said First Installment THENCE with said east right-of-way line Forestwood Townhouse Community, North 0°42'01" West, a distance of 822.06 feet to a point for corner; THENCE departing said east right-of-way line, over and across said Forestwood Townhouse Community, South 89°17'59" West, a distance of 650.68 feet to a point in the south line of said 15-foot wide sanitary sewer easement (Volume 5302, Page 538, D.R.D.C.T.) at the southernmost corner of a 441.45-foot long tract of land described in Release, recorded in Volume 70231, Page 1083, Deed Records of Dallas County, Texas for the POINT OF BEGINNING and at the beginning of a curve to the right having a central angle of 6°47'23", a radius of 293.98 feet, a chord bearing and distance of South 56°10'18" West, 34.82 feet; (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. (972) 770-1300 dana.brown@kimle -horn.com DUNN STACY 312912018 4 Reviewed By: Dote: SPRG N0: A· Rod.:..~~,__ 4/s //~ _-:._4J._Q_______ SANITARY SEWER EASEMENT ABANDONMENT PART OF LOT 16 AND OPEN SPACE IN BLOCK 6/6382 PART OF LOT 29, IN BLOCK 8/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE with the south line of said 15-foot wide sanitary sewer easement (Volume 5302, Page 538, D.R.D.C.T.), over and across said First Installment Forestwood Townhouse Community, the following courses and distances to wit: In a southwesterly direction, with said curve to the right, an arc distance of 34.84 feet to a point for corner; South 59°34'00" West, a distance of 64.59 feet to a point for corner; THENCE departing said south line of said 15-foot wide sanitary sewer easement (Volume 5302, Page 538), continuing over and across said First Installment Forestwood Townhouse Community, North East, a distance of 28.65 feet to a point for corner in the north line of said 15-foot wide sanitary sewer easement (Volume 5302, Page 538, D.R. THENCE with said north line of the 15-foot wide sanitary sewer easement (Volume 5302, Page 538, ), over across Installment following courses and distances to wit: North 59°34'00" East, a distance of 40.18 feet to a point at the beginning of a tangent curve to the left having a central angle of 5°02'23", a radius of 278.98 feet, a chord bearing and distance of North 57°02'48" East, 24.53 feet; In a northeasterly direction, with said curve to the left, an arc distance of 24.54 feet to a point at the intersection of said north line and the west line of said 15-foot wide sanitary sewer easement (Volume 69223, Page 788, D.R.D.C.T.) and at the beginning of a non-tangent curve to the right having a central angle of 25°36'30", a radius of 87.50 feet, a chord bearing and distance of North 30°10'13" West, 38.78 feet; THENCE with the west line of said 15-foot sanitary sewer easement (Volume 69223, Page 788, D.R.D.C.T.) continuing over and across said First Installment Forestwood Townhouse Community, in a northwesterly direction, with said curve to the right, an arc distance of 39.11 feet to a point for corner; THENCE departing said west line of the 15-foot sanitary sewer easement (Volume 69223, Page 788, D.R.D.C.T.) continuing over and across said First Installment Forestwood Townhouse Community, North 27°59'38" East, a distance of 23.84 feet to a point in the east line of said 15-foot sanitary sewer easement (Volume 69223, Page 788, D.R.D.C.T.), at the beginning of a non-tangent curve to the left having a central angle of 44°50'00", a radius of 72.50 feet, a chord bearing and distance of South 26°25'30" East, 55.29 feet; (For SPRG use only) Reviewed By: DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 Date: SPRG NO: A~cd"'r·.11z.. 4/SIJ _'!__42Q______ _ SANITARY SEWER EASEMENT ABANDONMENT PART OF LOT 16 AND OPEN SPACE IN BLOCK 6/6382 PART OF LOT 29, IN BLOCK 8/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE with said east line of the 15-foot wide sanitary sewer easement (Volume 69223, Page 788, D.R.D.C.T.), continuing over and across said First Installment Forestwood Townhouse Community, in a southeasterly direction, with said curve to the left, an arc distance of 56.73 feet to a point for corner at the southeast corner of said 15-foot wide sanitary sewer easement (Volume 69223, Page 788, D.R.D.C.T.); THENCE with the south line of said 15-foot wide sanitary sewer easement (Volume 69223, Page 788, D.R.D.C.T.) continuing over and across said First Installment Forestwood Townhouse Community, South 41°09'30" West, a distance of 7 .68 feet to a point for corner at the intersection of said south line and the west line of said 441 .45-foot tract; THENCE departing said south line and with said west line of the 441.45-foot tract, continuing over and across said Installment Forestwood Community, South 37°13'23" a distance of 7.75 feet to the POINT OF BEGINNING and containing 2,010 square feet or 0.046 acres of land. (4202), North Bearing system based on the Texas Coordinate System of 1983, North Central American Datum of 1983. (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 770-1300 PH. Reviewed By: Date: SPRG NO: A· P-od,;..'!)"\e'Z41s/1S _4jJ_Q. _____ _ SANITARY SEWER EASEMENT ABANDONMENT PART OF LOT 16 AND OPEN SPACE IN BLOCK 6/6382 PART OF LOT 29, IN BLOCK 8/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS 0 GRAPHIC SCALE IN FEET 2 :w IZ ::J 3 0:: !UJ :r·Z BLOCK ·w 8/6382 4 •() 5 I I I I I 6 3 BLOCK BLOCKi 7/6382' 4 6 8/6382 11 b 7 8 24 8 29.161 ACRES 23 DANIEL BROTHERS INST. NO. 20070151400 OP.R.D.C.T. 22 13 9 21 7 N ro C:!'. ro (".) 'fl Y'. u 0 co 14 (".) '£ .,- 10 20 15 u 0 _J CJ) i1 16 9 18 12 13 S89°15'39"W 795.97' .O.C. (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770- '1300 Reviewed By: Date: SPRG NO: A.i(..,J.;..'3"'e"- 4\slis _'!:_4iQ. ______ SANITARY SEWER EASEMENT ABANDONMENT 0 PART OF LOT 16 AND OPEN SPACE IN BLOCK 6/6382 PART OF LOT 29, IN BLOCK 8/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS w~ -z 1w w _J II 0 U) I- w <( w ~ U) "--' 37 38 I LEGEND !:::. = CENTRAL ANGLE C.M. =CONTROLLING MONUMENT ESMT = EASEMENT P 0 C = POINT OF COMMENCING P 0 B = POINT OF BEGINNING IRSC = 518" IRON ROD WI "KHA" CAP SET !RFC IRON ROD W/CAP FOUND M.R.D.C.T. =MAP RECORDS OF DALLAS COUNTY, TEXAS 0 PRD CT =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, O.S. =OPEN SPACE SE SAVE AND EXCEPT VOL. =VOLUME PG.= PAGE R.O.W =RIGHT-OF-WAY F.KA = FORMERLY KNOWN O.S. 6 / BLOCK H/6394 (}) w i"'. 25 w . ~ . I- BLOCK 5/6382 t;; 22 ci 1i ~· ~ ~ _j wO ~ w> 0:: 12 NOTES All deed and plat references are recorded the Deed Records of Dallas County, Texas unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). Dallas Power and Light Company & Southwestern Bell Telephone Company Esml., VOL. 72197, PG. 702 DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 ---"=SANITARY SEWER § C~ 14 ABANDONMENT 0. 7-Q"'--s0:: I-~ y ~ a5 ~ 13 0.0461 ACRES :f ~-~ U-----2,010 SQ. FT. , 5 'FIRST INSTALLMENT , FORESTWOOD TOWNHOUSE COMMUNITY VOL. 72079. PG. 2450 ~ FORESTWOOD TOWNHOUSE COMMUNITY VOL. /~ [j] 4 15 11 I- (}) I PG. 2450 ~ o:: ~ <( t;; 12 1- <: U B ~.-1~ ;?_ ~CLJ.6~~11 w>! <: BLOCK 7/6382 29.161 ACRES DANIEL BROTHERS CfJ INST. NO. 20070151400 ci :r: §ir~ Ul;w .:r: '-.... O.S . I STRATEGIC PRIORITY: AGENDA ITEM # 25 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 13 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 14Z ________________________________________________________________ SUBJECT An ordinance abandoning six sanitary sewer easements, two utility easements, and two utility and fire lane easements to Daniel Brothers, L.L.P., the abutting owner, containing a total of approximately 296,609 square feet of land, located near the intersection of Forest Lane and Inwood Road - Revenue: $10,400, plus the $20 ordinance publication fee BACKGROUND This item authorizes the abandonment of six sanitary sewer easements, two utility easements, and two utility and fire lane easements to Daniel Brothers, L.L.P., the abutting owner. The area will be included with the property of the abutting owner for the construction of a new multi-family development. The cost for this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore, no appraisal is required. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Information about this item will be provided to the Mobility Solutions, Infrastructure & Sustainability Committee on June 11, 2018. FISCAL INFORMATION Revenue - $10,400, plus the $20 ordinance publication fee OWNER Daniel Brothers, L.L.P. John A. Daniel, Member MAP Attached Agenda Date 06/13/2018 - page 2 Willow Lane 11/6382 Inwood Road 10/6382 9/6382 8/6382 6/6382 7/6382 4/6382 2/6382 1/6382 5/6382 3/6382 Forest Lane Utility & Fire Lane Easement Abandonment areas = Utility Easement Abandonment Area = Sanitary Sewer Easement Abandonment Area = ORDINANCE NO. ____________ An ordinance providing for the abandonment and relinquishment of six sanitary sewer easements, two utility easements, and two utility and fire lane easements, located in City Blocks 1/6382, 2/6382, 3/6382, 4/6382, 5/6382, 6/6382, 7/6382, 8/6382, 9/6382, 10/6382, and 11/6382 in the City of Dallas and County of Dallas, Texas; providing for the quitclaim thereof to Daniel Brothers, L.L.P.; providing for the terms and conditions of the abandonment, relinquishment and quitclaim made herein; providing for the indemnification of the City of Dallas against damages arising out of the abandonments herein; providing for the consideration to be paid to the City of Dallas; providing for the payment of the publication fee; and providing an effective date for this ordinance. ooo0ooo WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the request and petition of Daniel Brothers, L.L.P., a Texas limited liability partnership; hereinafter referred to as GRANTEE, deems it advisable to abandon, relinquish and quitclaim the City of Dallas' right, title and interest in and to the hereinafter described tracts of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said easements are no longer needed for municipal use, and same should be abandoned, relinquished and quitclaimed to GRANTEE as hereinafter provided, for the consideration hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest and welfare of the City will be served by abandoning, relinquishing and quitclaiming the same to GRANTEE for the consideration and subject to the terms and conditions hereinafter more fully set forth. Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas hereby abandons and relinquishes all of its right, title and interest in and to the tracts of land described in Exhibit A, attached hereto and made a part hereof; subject, however, to the conditions hereinafter more fully set out. GM/45411 1 SECTION 2. That for and in monetary consideration of the sum of TEN THOUSAND FOUR HUNDRED AND NO/100 ($10,400.00) DOLLARS paid by GRANTEE, and the further consideration described in Sections 8 and 9, the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all its right, title and interest in and to the certain tracts or parcels of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4. That the Chief Financial Officer is hereby authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund, Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction-Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in the General Fund, Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund, Fund 0625, Department BMS, Unit 8888, Revenue Code 8416. SECTION 5. That the abandonment, relinquishment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if the latter exist, and are subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise. SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 7. That the abandonment, relinquishment and quitclaim provided for herein shall extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon, relinquish and quitclaim. GM/45411 2 SECTION 8. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold harmless the City of Dallas as to any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the areas described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting the areas set out in Exhibit A, (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting the areas described in Exhibit A, which GRANTEE, its successors and assigns agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Dallas of the areas set out in Exhibit A. GRANTEE, its successors and assigns hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against the City of Dallas in connection therewith. For purposes hereof, “Hazardous Substance” means the following: (a) any “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section 26.261 et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any “chemical substance” under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. GM/45411 3 SECTION 9. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall maintain open ingress and egress access to a public right-of-way to facilitate emergency response and water supply during and after completion of the project. SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee. Upon receipt of the monetary consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction, or designee shall deliver to GRANTEE a certified copy of this ordinance. The Director of Department of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage. SECTION 11. That this ordinance is designated for City purposes as Contract No. DEV-2018-00005134. SECTION 12. 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: LARRY E. CASTO, City Attorney Passed GM/45411 DAVID COSSUM, Director Department of Sustainable Development and ---------- 4 SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 16,000 square foot (0.3673 acre) tract of land situated in the Heirs of the Isaiah Park Survey, Abstract No.1144, City of Dallas, Dallas County, Texas, and being in City Block 11 /6382 and being part of a 29. 161 acre tract of land described in Affidavit of Ownership and Confirmation and Ratification of Conveyance to Partnership to Daniel Brothers L.L.P., recorded in Instrument No. 20070151400, Official Public Records Dallas County, Texas, and all of a 25-foot wide sanitary sewer easement in Block 11/6382, Second Installment Forestwood Townhouse Community, an addition to the City of Dallas, according to the plat thereof recorded in Volume 72079, Page 2459, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line of Willow Lane (a 60-foot wide right-of-way, formerly County Road 517, County of Dallas, Volume Page 1, Deed Records Dallas County, Texas) and the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, Formerly County Road 79, Dallas County, Volume 356, Page 334, Deed Records Dallas County, Texas) and at the northeast corner of Open Space, Block 11/6382, from which a 5/8" with plastic cap stamped found at the northwest corner of said Second Installment Townhouse Community bears South West, a distance of 704.88 THENCE with said west right-of-way and the east line of said Open Space, Block 11/6382, South 0°42'01 East, a distance of 134.88 feet, to a point for corner; ii THENCE departing said west right-of-way line and said east line of Open Space, Block 11 /6382, over and across said Second Installment Forestwood Townhouse Community, South 89°17'59" West, a distance of 35.00 feet to a point in the west line of a utility and fire lane easement created by said Second Installment Forestwood Townhouse Community plat, at the northeast corner of Open Space, Block 11 /6382, the southeast corner of Lot 20, Block 11 /6382 and northeast corner said 25-foot wide sanitary sewer easement for the POINT OF BEGINNING; THENCE with said west line of the utility and fire lane easement, the east line of said Open Space, Block 11 /6382 and the east line of 25-foot wide sanitary sewer easement, South 0° 42'01 East, a distance of 25.00 feet to the northeast corner of Lot 21, Block 11 /6382, the southeast corner of Open Space, Block 11 /6382 and the southeast corner of said 25-foot wide sanitary sewer easement; ii (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Reviewed Date: SPRG NO: A."-.,d"'".)"'-t..._ L.1/~118 -~_§!~------ CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS TH departing said west I of the utility and fire lane easement, with the south line said Open Space, 11/6382, the south line of said 25-foot wide sanitary sewer easement and the north line of Lots 21 Block 11/6382, South 89°29'57" a distance of 640.00 feet to a point in the east line said utility and fire lane easement at the corner of said Open Space, Block 11 /6382, the southwest corner 25-foot wide sanitary sewer easement, and the northwest corner of said 38, Block 11/6382; easement, the west line of said Open Space, Block ENCE with the east of said utility and sanitary sewer easement, North " West, a distance 11/6382, and the west said said Open Space, Lot 1, Block 11/6382, the northwest corner 25.00 feet to the southwest corner sanitary sewer easement; 11 /6382 and the lane easement, with 11/6382 and 640.00 Bearing on the American Datum of 1983(2011 ). System 1983, North North (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Reviewed By: Date: SPRG NO: A· !2..J.;..t:'?.- 4 \~ J'-~ -~_.§~------ OF4 SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS w .C. z ::i 0:: w i~ w .u 0 <( 0 a: _J I 0 I<( ~ NOTES All deed and plat references are recorded in the Deed Records of Dallas County, Texas unless otherwise noted. Bearing system based on the Texas Coordinate System of 983, North Central Zone (4202), North American Datum of i 983(2011 ). DJ Dallas Power and Light Company & Southwestern Bell Telephone Company esmt, VOL. 72197, PG. 702 15' sewer esmt, VOL. 5302, PG. 538 LEGEND !::. = CENTRAL ANGLE C.M. =CONTROLLING MONUMENT ESMT. = EASEMENT P 0 C = POINT OF COMMENCING P 0 B = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND M.RD.CT MAP RECORDS OF DALLAS COUNTY, TEXAS 0 PR DC T =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS O.S. =OPEN SPACE SE= SAVE AND EXCEPT VOL= VOLUME PG.= PAGE ROW. RIGHT-OF-WAY F.KA = FORMERLY KNOWN AS (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Reviewed By: Date: SPRG NO: A-!lod.;.:J"~-z.. 4j S }18 -~~~------ SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 11 /6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS WILLOW LANE (60' 'KHA" IRFC M.) ----w (') 1- w II (f) 0 50 w w 100 ~ N89°29'5T'E w GRAPHIC \ _J l'cs lL 0 o~ >- . 0> I- _J -0 , ·,,, i( 1 Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). Dallas Power and Light Company Southwestern Bell Telephone Company esmt, VOL. 72197, PG. 702 15' sewer esmt, VOL. 5302, PG. 538 I I 2 I- I~ 29.16i ACRES DANIEL BROTHERS LL P . INST. NO. 20070i5i400 OPRDCT NOTES All deed and plat references are recorded the Deed Records of Dallas County, Texas unless otherwise noted. [ZJ z 889 29'5 "W /;.,,_. .... I 3 LEGEND fl = CENTRAL ANGLE C.M. CONTROLLING MONUMENT ESMT. = EASEMENT P 0 C = POINT OF COMMENCING P 0 B = POINT OF BEGINNING IRSC 518" IRON ROD WI "KHA" CAP SET IRFC = IRON ROD WICAP FOUND M.RO.CT = MAP RECORDS OF DALLAS COUNTY, TEXAS 0 PRO CT =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS O.S. =OPEN SPACE S.E. =SAVE AND EXCEPT VOL. =VOLUME PG.= PAGE R.O.W RIGHT-OF-WAY F.KA FORMERLY KNOWN AS (For SPRG use only) Reviewed DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Date: SPRG NO: By: A. tlod.- 'j""u. 1.i-k/1Q _"!}_§!~------ SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 9/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 6,500 square foot (0.1492 acre) tract of land situated in the Heirs of the Isaiah Park Survey, Abstract No.1144, City of Dallas, Dallas County, Texas, and being in City Block 9/6382 and being part of a 29.161 acre tract of land described in Affidavit of Ownership and Confirmation and Ratification of Conveyance to Partnership to Daniel Brothers L.L.P., recorded in Instrument No. 20070151400, Official Public Records of Dallas County, Texas, all of a 25-foot wide sanitary sewer easement in Block 9/6382, Second Installment Forestwood Townhouse Community an addition to the City of Dallas, according to the plat thereof recorded in Volume 72079, Page 2459, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line of Willow Lane (a 60-foot wide right-of-way, formerly County Road 517, County of Dallas, Volume 2356, Page 241, Deed Records Dallas County, Texas) and the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, formerly County Road 79, Dallas County, Volume 356, Page 334, Deed Records Dallas County, and at the northeast corner of Open Space, Block 11 /6382, from which a 5/8" iron rod with plastic cap stamped "KHA" found at the northwest corner of said Second Installment Forestwood Townhouse bears South 89°29'57" West, a distance 704.88 feet; THENCE with said west right-of-way line of Inwood Road and with the east line of said Block 11/6382, South 0°42'01" East, a distance of 388.56 feet to a point for corner; THENCE departing said west right-of-way line of Inwood Road and said east line of Block 11/6382, over and across said Second Installment Forestwood Townhouse Community, South 89°17'59" West, a distance of 415.00 feet to a point in the west line of a utility and fire lane easement per said Second Installment Forestwood Townhouse Community plat, at the southeast corner of Lot 8, Block 9/6382, the northeast corner of Open Space, Block 9/6382 and the northeast corner of said 25-foot wide sanitary sewer easement for the POINT OF BEGINNING; THENCE with the east line of said Open Space, Block 9/6382, the east line of said 25-foot wide sanitary sewer easement and the west line of said utility and fire lane easement, South 0°42'01" East, a distance of 25.00 feet to the southeast corner of said Open Space, Block 9/6382, the southeast corner of said 25-foot wide sanitary sewer easement and the northeast corner of Lot 9, Block 9/6382; (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. (972) 770-1300 dana.brown DUNN Reviewed By: A.12.oci.:.@i"'.e'L Date: !.\Is SPRG NO: 4393 lie rn SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 9/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE departing said west line of the utility and fire lane easement, with the south line of said Open Space, Block 9/6382, the south line of said 25-foot wide sanitary sewer easement, and the north line of 9 6, Block 9/6382, South 89°29'57" West, a distance of 260.00 feet to a point in the east line and lane easement at the southwest corner of said Open Space, Block 9/6382, the wide sanitary sewer easement and the northwest corner of Lot 16, Block southwest corner said 9/6382; with the west line said Open Space, Block 9/6382, the west line of said 25-foot wide sanitary sewer and the east said utility and fire lane easement, North 0°42'01" West, a of 25.00 feet to the northwest corner of said Open Space, Block 9/6382, the northwest corner of said 25-foot wide sanitary sewer the southwest corner of Lot 1, Block 9/6382; easement with the north line of said Open sanitary sewer easement the Lots 260.00 feet to the POINT OF BEGINNING on the Bearing system American Datum of 1983(2011 ). Coordinate System 1983, North Central Zone (4202), North (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 ~, ,._~, ·~· TEXAS 75240 300 Reviewed By. Date: SPRG NO: A- ltoJ,;,~"'11-z... 4ls//8 4393 SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 9/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS O.S. BLOCK 1116382 _i:;_ENT~J..[N_E; WILLOW LANE O.C. 518" "KHA" (C.M.) 0 O' Ul Ill~ L-r-"""""---L~__L~.....L~.:..L...~.1-~L-~'---~,,..-....-- ui> oz LEGEND t, CENTRAL ANGLE C.M. =CONTROLLING MONUMENT ESMT = EASEMENT ,..: P 0 C = POINT OF COMMENCING ~ gi" P 0 B POINT OF BEGINNING i:: ~ IRSC = 518" IRON ROD W/ "KHA" CAP SET IRFC IRON ROD W/CAP FOUND :::o > M.R.D.C.T. =MAP RECORDS OF DALLAS COUNTY, TEXAS 0 P RD CT =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS O.S. =OPEN SPACE SE= SAVE AND EXCEPT VOL. VOLUME PG.= PAGE R.O.W. =RIGHT-OF-WAY F.KA = FORMERLY KNOWN AS 2d (For SPRG use only) Reviewed Date: SPRG NO: By: A-f?..odY,;..;,,{1LTl S' Ii _il_g_~------ DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 NOTES All deed and plat references are recorded in the Deed Records of Dallas County, Texas unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). DJ Dallas Power and Light Company & Southwestern Bell Telephone Company esmL VOL. 72197, PG. 702 W15' sewer esmL VOL. 5302, PG. 538 III 15' sewer esmt, VOL. 69223, PG. 788 SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 9/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS _J w z :::s:::: w w (fJ 30 'q er: ::s co u (§ 0Q z 0 _J >w _J _J - . -o 0> _J I u <( O'.) ~ C0 1- w w I Cf) w w ::<'.'. u C/!_. 0 w -1 N co ·~ CJJ~ ci ~ [I) z _J I 0 ,,,--------r~.-~.--,-~,--::::--r:--::--:r-::-:::--:r--::::--""'.::r~ 1<( ~ (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 Reviewed By: Date: SPRG NO: AM..;'J"'f."Z41;;/IB ~~~~------ SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 1,875 square foot acre) tract of land situated in the Heirs of the Isaiah Park Survey, Abstract No.1144, City of Dallas, Dallas County, Texas, and being in City Block 11/6382 and being part of a 29.161 acre tract of land described in Affidavit of Ownership and Confirmation and Ratification of Conveyance to Partnership to Daniel Brothers LL.P., recorded in Instrument No. 20070151400, Official Public Records of Dallas County, Texas, all of a 25-foot wide sanitary sewer easement in Block 11/6382, Second Installment Forestwood Townhouse Community, an addition to the City of Dallas, according to the plat thereof recorded in Volume Page 2459, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line of Willow Lane (a 60-foot wide right-of-way, formerly County Road 517, County of Dallas, Volume 2356, Page 241, Deed Records of Dallas and the west line of Inwood Road (a 100-foot wide right-of-way, Road 79, Dallas County, Volume 356, Page 334, Deed Records of Dallas County, Texas) and at the northeast corner of Open Space, Block 11 /6382, from which a 5/8" iron rod with plastic cap stamped "KHA" found at the northwest corner of said Second Installment Forestwood Townhouse bears South 89°29'57" West, a distance of 704.88 feet; THENCE with said west "h'-"'-"'~"' line of Inwood Road and with the east line of said Block i 1/6382, South 0°42'01" East, a distance of 413.90 feet to a line of Inwood Road and said east line of Block 11/6382, South 89°17'59" West, a THENCE said west distance of 317.50 feet to a in the west line of a and fire lane easement per said Second Installment Forestwood Townhouse plat and the east line of Open Space, Block 1 at the southeast corner of said 25-foot wide Space, Block 11/6382 sanitary sewer easement for the POINT OF BEGINNING, from which the southeast corner of said bears South 0° 42'01" East, a distance of i 30.00 feet; THENCE departing the west line of said utility and fire lane easement, the east line of said Open Space, Block 11/6382 and with the south line of said 25-foot wide sanitary sewer easement, South 89"29'57" West, a distance of 75.00 feet to a point in the east line of said Open Space, Block 11 /6382, and the east line of said utility and fire lane easement at the southwest corner of said 25-foot wide sanitary sewer easement; THENCE with the east line of said utility and fire lane easement and the west line of said Open Space, Block 11/6382, and the west line of said 25-foot wide sanitary sewer easement, North 0°42'01" West, a distance of 25.00 feet to the northwest corner of said 25-foot wide sanitary sewer easement; THENCE departing said east line of the and fire lane easement and the west line of said Space, Block 11/6382 and with the north line of said 25-foot wide sanitary sewer easement, North 89°29'57" East, a distance of 75.00 feet to a point in said west line of said and fire lane easement and said east line of the Open Space, Block 1 at the northeast corner of said 25-foot wide sanitary sewer easement; THENCE with said west line of the utility and fire lane easement, said east line of the Open Space, Block 11/6382, and the east line of said 25-foot wide sanitary sewer easement, South 0°42'01" East, a distance of 25.00 feet to the POINT OF BEGINNING and containing 1,875 square feet or 0.0430 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). (For SPRG use only) A· DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Reviewed By: ~d.,;~"'ei.. Date: 4 ls }I B SPRG NO: -~94_____ _ SANITARY SEWER EASEMENT ABANDONMENT o CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 100 CITY OF DALLAS, DALLAS COUNTY, TEXAS so C. WILLOW LANE .GRA.PHl.C - · S89°29'5T'W 704.88' 17 18 50.0' 2 :::<::N BLOCK 1116382 O.S. ug:s . oc.o ~ _J::;:::: O ro ~ 0 37 36 35 <( 34 oc N 0 ro 0 29 ~ oiri -1 - ro ;: 0 0 0 0 (J') 3 S0°42'01"E 25.00' 4 SANITARY SEWER EASEMENT ABANDONMENT 0.0430 ACRES, 1,875 SQ. FT. (".) ~ I 2 3 4 29.161 ACRES DANIEL BROTHERS LL P INST. NO. 20070151400 0 p RD cT 5: z \11 ~ 0 0J "'"' "' 7 0 U) S89°17'59"W 317.50' N "" en. ::!' ifJ wt; )- N I- ,_ :::J__j SANITARY SEWER ESMT VOL 72079, 2459 ;::o -::o> B OCK 1638 K 1 16382 NOTES All deed and plat references are recorded in the Deed Records of Dallas County, Texas unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). [I] (For SPRG use only) Reviewed By: Date: SPRG NO: A B.oc:lv.?i"'ip... 41s/18 ______ -~~i DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Dallas Power and Light Company & Southwestern Bell Telephone Company esmt., VOL. 72197, PG. 702 LEGEND l!. =CENTRAL ANGLE CM.= CONTROLLING MONUMENT O.S = OPEN SPACE ESMT. = EASEMENT SE.= SAVE AND EXCEPT VOL. VOLUME PG.= PAGE R O.W RIGHT-OF-WAY F.KA =FORMERLY KNOWN AS P 0 C POINT OF COMMENCING P 0 B POINT OF BEGINNING !RSC 518" IRON ROD WI "KHA" CAP SET !RFC= IRON ROD WICAP FOUND M.R.D.C.T. =MAP RECORDS OF DALLAS COUNTY, TEXAS 0 PR DC T OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 10/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 6,500 square foot (0.1492 acre) tract of land situated in the Heirs of the Isaiah Park Survey, Abstract No.1144, City of Dallas, Dallas County, Texas, and being in City Block 10/6382 and being part of a 29.161 acre tract of land described in Affidavit of Ownership and Confirmation and Ratification of Conveyance to Partnership to Daniel Brothers L.L.P., recorded in Instrument No. 20070151400, Official Public Records of Dallas County, Texas, all of a 25-foot wide sanitary sewer easement in Block 10/6382, Second Installment Forestwood Townhouse Community an addition to the City of Dallas, according to the plat thereof recorded in Volume 72079, Page 2459, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line of Willow Lane (a 60-foot wide right-of-way, formerly County Road 517, County of Dallas, Volume 2356, Page 241, Deed Records of Dallas County, and the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, formerly County Road 79, Dallas Volume 356, Page 334, Deed Records of Dallas County, Texas) and at the northeast corner of Open Space, Block 11/6382, from which a 5/8" iron rod with plastic cap stamped "KHA" found at the northwest corner of said Second Installment Forestwood Townhouse Community bears South 89°29'57" West, a distance of 704.88 feet; THENCE with said west right-of-way line of Inwood Road and with the east line of said Block 11/6382, South 0°42'01" distance of 389.88 feet to a for corner; a THENCE departing said west right-of-way line of Inwood Road and said east line of Block 11/6382, over and across said Second Installment Forestwood Townhouse South 89°17'59" West, a distance of 35.00 feet to a in the west line of a and fire lane easement at the southeast corner of Loi 8, Block 10/6382, the northeast corner of Open Block 10/6382 and the northeast corner of said 25-foot wide sanitary sewer easement for the POINT OF BEGINNING; THENCE with the east line of said Open Space, Block 10/6382, the east line of said 25-foot wide sanitary sewer easement and the west line of said utility and fire lane easement, South 0°42'01" East, a distance of 25.00 feet to the southeast corner of said Open Space, Block 10/6382, the southeast corner of said 25-foot wide sanitary sewer easement and the northeast corner of Lot 9, Block 10/6382; THENCE departing said west line of the utility and fire lane easement, with the south line of said Open Space, Block 10/6382, the south line of said 25-foot wide sanitary sewer easement, and the north line of Lots 9 through 16, Block 10/6382, South 89°29'57" West, a distance of 260.00 feel to a point in the east line of a utility and fire lane easement at the southwest corner of said Open Space, Block 10/6382, the southwest corner of said 25-foot wide sanitary sewer easement and the northwest corner of Lot 16, Block 10/6382; THENCE with the west line of said Open Space, Block 10/6382, the west line of said 25-foot wide sanitary sewer easement, and the east line of said utility and fire lane easement, North 0°42'01" West, a distance of 25.00 feet to the northwest corner of said Open Space, Block 10/6382, the northwest corner of said 25-foot wide sanitary sewer easement, and the southwest corner of Lot 1, Block 10/6382; THENCE departing said east line of the utility and fire lane easement with the north line of said Open Space, Block 10/6382, the north line of said 25-foot wide sanitary sewer easement and the south line of Lots 1 through 8, Block 10/6382, North 89°29'57" East, a distance of 260.00 feet to the POINT OF BEGINNING and containing 6,500 square feet or 0.1492 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). (For SPRG use only) Reviewed By: DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 770-1300 PH. Date: SPRG NO: A. g.,J.;'3...,_€2. 4\sllB --~J!~----- 1 OF2 SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 10/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS O.S. BLOCK WILLOW LANE P.b.C. 1116382 IRFC 'KHA" (CM) S89°29'57"W 704.88' I 7 8 9 16 10 17 ~ co (".) LOC 1638 SE UTILI tD I- <{ 0 0 QY _J 0 0 _J -1 N O.S. 31 I 23 30 co ' 1:6 (f)- BL CK 111 382 32 0 CD O.S. 22 ~ y CD ci ~ 21 29 GRAPHIC VOL b Cl 0::: a.. (/) .... 0 !::;, >. rn \J Ql :::: 0 z Ql ·:;: Ql 0:: LEGEND 11 =CENTRAL ANGLE CM.= CONTROLLING MONUMENT O.S. =OPEN SPACE ESMT. = EASEMENT SE.= SAVE AND EXCEPT VOL.= VOLUME PG.= PAGE R.O.W. =RIGHT-OF-WAY P.O.B. =POINT OF BEGINNING P.O.C. =POINT OF COMMENCING M.R.D.C.T. =MAP RECORDS OF DALLAS COUNTY, TEXAS OP.RD.CT= OFFICIAL PUBLIC RECORDS OF DALLAS COU F.KA =FORMERLY KNOWN AS IRSC =518" IRON ROD W/ "KHA" CAP SET !RFC = IRON ROD W/CAP FOUND DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 NOTES /All deed and plat references are recorded in the Deed Records of Dallas County, Texas unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011) ITJ Dallas Power and Light Company & Southwestern Bell Telephone Company esmt., VOL. 72197, PG. 702 SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 8/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 23,250 square foot (0.5337 acre) tract of land situated in the Heirs of the Isaiah Park Survey, Abstract No.1144, City of Dallas, Dallas County, Texas, and being in City Block 8/6382 and being part of a 29.161 acre tract of land described in Affidavit of Ownership and Confirmation and Ratification of Conveyance to Partnership to Daniel Brothers L.L.P., recorded in Instrument No. 20070151400, Official Public Records of Dallas County, Texas, and all of a 25-foot wide sanitary sewer easement in Block 8/6382, First Installment Forestwood Townhouse Community, an addition to the City of Dallas, according to the plat thereof recorded in Volume 72079, Page 2450, Deed Records, Dallas County, Texas, and all of a sanitary sewer easement in Block 8/6382, Second Installment Forestwood Townhouse Community, an addition to the City of Dallas, Texas according to the plat thereof recorded in Volume 72079, Page 2459, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a point in a utility vault at the intersection of the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, formerly County Road 79, Dallas County, Volume 356, Page 334, Deed Records of Dallas County, Texas) with the north right-of-way line of Forest Lane (a 120-foot wide right-of-way, formerly County Road 124, Dallas County, Volume 406, Page 85, Deed Records Dallas County, Texas), at the southeast corner of Open Space, Block 1/6382 of said First Installment Forestwood Townhouse Community, from which a 1/2" iron rod found at the southwest corner of said First Installment Forestwood Townhouse Community bears South 89°15'39" West, a distance of 795.97 feet; THENCE with said west right-of-way line of Inwood Road and the east line of said Open Space, Block 1/6382, North 0°42'01" West, at a distance of 5.00 feet, passing a 5/8" iron rod with plastic cap stamped "KHA" found, continuing in all a total distance of 663.44 feet, to a point in the east line of Open Space, Block 8/6382, First Installment Forestwood Townhouse Community; THENCE departing said west right-of-way line of Inwood Road and the east line of said Open Space Block 8/6382, over and across said First Installment Forestwood Townhouse Community, South 89°29'57" West, a distance of 135.00 feet to an interior corner Open Space, Block 8/6382 and the southwest corner of Lot 9, Block 8/6382 and at the southernmost southeast corner of said 25-foot wide sanitary sewer easement for the POINT OF BEGINNING; THENCE with the south line of said 25-foot wide sanitary sewer easement, South 89°29'57" West, a distance of 25.00 feet to the southernmost southwest corner of said 25-foot wide sanitary sewer easement and the southeast corner of Lot 10, Block 8/6382; (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 Reviewed By: Date: SPRG NO: A.ftod...; 'j"".e. 'i.tlsldl __1]~1. ___ _ SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 8/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE with the west line of said 25' sanitary sewer easement and the east lines of Lots 10 through 13, Block 8/6382 and Open Space, Block 8/6382, North 0°42'01" West, a distance of 290.00 feet to an interior corner of said 25-foot wide sanitary sewer easement; THENCE with a southerly line of said 25-foot wide sanitary sewer easement a southerly line of said Open Space, Block 8/6382 and the north lines of Lots '14 through 29, Block 8/6382, South 89°29'57" West, a distance of 515.00 feet to a point in the east line of said utility and fire lane easement at the westernmost southwest corner of said 25-foot wide sanitary sewer easement, the westernmost southwest corner of said Open Space, Block 8/6382 and northwest corner of Lot 29, Block 8/6382; THENCE with said east line of the utility and fire lane easement, the west line of said Open Space, Block 8/6382 and the west line of said 25-foot wide sanitary sewer easement, North 0°42'01 West, a distance of 25.00 feet to the northwest corner of said 25-foot wide sanitary sewer easement, the northwest corner of said Open Space, Block 8/6382 and the southwest corner of Lot 30, Block 8/6382; said 25-foot wide sanitary THENCE departing said utility and fire lane easement and with the north line sewer easement, the north line of said Open Space, Block 8/6382, the south lines of Lots 30 through 47, Block 8/6382, North 89°29'57" East, a distance of 640.00 feet to a point in the west line of a utility and fire lane easement at the northeast corner of said 25-foot wide sanitary sewer easement, the northeast corner of said Open Space, Block 8/6382 and the southeast corner of said Lot 47, Block 8/6382; THENCE with the east line of said 25-foot wide sanitary sewer easement, the east line of said Open Space, Block 8/6382 and said west line of the utility and fire lane easement, South 0°42'01" East, a distance of 25.00 feet to the easternmost southeast corner of said 25-foot wide sanitary sewer easement, the easternmost southeast corner of said Open Space, Block 8/6382 and the northeast corner of Lot 1, Block 8/6382; THENCE departing said utility and fire lane easement, with a south line of said 25-foot wide sanitary sewer easement, the south line of said Open Space, Block 8/6382 and the north line of said Lot 1, Block 8/6382, South 89°29'57" West, a distance of 100.00 feet to an interior corner of said 25-foot wide sanitary sewer easement, the northwest corner of said Lot 1, Block 8/6382 and an interior corner of said Open Space, Block 8/6382; THENCE with the east line of said 25-foot wide sanitary sewer easement, the east line of said Open Space, Block 8/6382 and the west lines of Lots 1 through 9, Block 8/6382, South 0°42'0'1" East, a distance of 290.00 feet to the POINT OF BEGINNING and containing 23,250 square feet or 0.5337 acres of land. Bearing system based on the Texas Coordinate System of '1983, North Central Zone (4202), North American Datum of 1983 (2011). (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 770-i 300 PH. Reviewed By: A.P..,d..;5"".,'L Date: 4-IS// S SPRG NO: --~97 ____ _ SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 8/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS 1000' MATCH LINE (SEE SHEET 4) ' o L.L.P. INST. NO. 20070151400.,0 P.R.D.C.T 8 27 9 26 N0°42'01"W 66344' 50 a: w 100 lD f- 0 zN WN 0 ci 0 0.. 0 . o~ ' 21 ~~ U) Cl a:: a. U) L 0 b 10 >, m LL 0 z .• CJ 0:: 18 QJ QJ ·;:; QJ n::O o> '19 u :;:: . w..J 20 20 0:: 0 UTILITY VOL. 72079 2 I Q_ (/) 13 S89"15'39"W 795.97' IRF M) S. LOCKHART SURVEY, 821 CHARLES G. NEWTON SURVEY,t120 DALLAS COUNTY NOTES All deed and plat references are recorded in the Deed Records of Dallas County, Texas unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). IT] W @] Dallas Power and Light Company & Southwestern Bell Telephone Company esmt VOL 72197 PG 702 15' sewer esmt , VOL 5302, PG 538 15' sewer esmt , VOL 69223, PG 788 DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. (972) 770-1300 C.M. = CONTROLLING MONUMENT ESMT. = EASEMENT P0 C POINT OF COMMENCING P 0 B = POINT OF BEGINNING !RSC= 518" IRON ROD W/ "KHA" CAP SET IRFC IRON ROD W/CAP FOUND M.R.D.C.T =MAP RECORDS OF DALLAS COUNTY, TEXAS 0 PR.DC T =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS O.S. = OPEN SPACE SE= SAVE AND EXCEPT VOL. = VOLUME PG.= PAGE R.OW. RIGHT-OF-WAY F.KA = FORMERLY KNOWN AS SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 8/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS I I 1 DA~IEL B~OTH ERS I O.S. 61 INST. NO. 20070151400, 0,P.R.0.CT. I I GRAPHIC SCALE IN FEET OUSE, I Cf) y c::i 2 S89c29'57"W 100.00' II 0 ci (.!) 0l N U CD 0 DJ co (f) ·o (") (/) - ' . m 0:: 0.. (/) 6 7 0')~ 11 CD ~ (J) 0 4- (") 0 CD ~ £::1._ E~ BLOCKl 7/6382 O.S. %i b » E N0°42'0i"W 663.44' (/) :::! Q) ~ -(1J ~o ·- c E rn 0 tJ o ·c 0 (f) (1J ~ c <{ x .r:: Q) ~ I- ~ 0 2 1! z -;;oo0? TI N Q) (f) ,- c ...Jsr~ Z " 5 ~ci z020 ~o. i= 0 0 R:1 _ __,,._ _,_, (J)~u_j 5 15 0::: u:: BLOCK H/6394 BLOCK 4/6382 (J) w 0::: 0 0 > N co (0 '£'. .,.... ~ w 0) 0 0 _J co LL ::i (fJ 0 . (J) <( <( 2. Y'. ~ 0::: 1- co 4 16 12 13 S89"15'39"W 795.97' NOTES All deed and plat references are recorded the Deed Records of Dallas County, Texas unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). DJ Dallas Power and Light Company & Southwestern Bell Telephone Company esmt, VOL. 72197, PG. 702 DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 N0°42'01"W 60244' 0 11 <( 0 a:: N ~ ci 21 (fJ <( w d uj EASEMENT _ __,_,__ 0.3192 ACRES 19 13,902 SQ. FT. w II- 0 iO l{) 13 SANITARY SEWER _ _ __ zZ 9 (f) 9 (0 o o:::..- 8 ui N ---,ct-.,-, -10zo_ <( 6 29 28 29.161 ACRES _ _ DANIEL BROTHERS L.L.P. 5:; 3 ~ INST. NO. 20070151400 ' 14 5\ 2i 0 0 sz 0::: w lf) I- 0 zN WN u ci oo... 0 . o SS ~~ (J) . w...J 0::: 0 o> lL 15 16 18 L C.M. =CONTROLLING MONUMENT ESMT. = EASEMENT P 0 C = POINT OF COMMENCING P0 B POINT OF BEGINNING 0 IRSC = 518" IRON ROD W/ "KHA" CAP SET z IRFC = IRON ROD W/CAP FOUND .. (.'.) 20 0::: O.S. =OPEN SPACE o_ 0 (jJ SE= SAVE AND EXCEPT VOL= VOLUME PG. PAGE R.O.W. RIGHT-OF-WAY F.KA = FORMERLY KNOWN AS M.R.D.C.T. MAP RECORDS OF DALLAS COUNTY, TEXAS 0 PRO CT =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS SANITARY SEWER EASEMENT ABANDONMENT CITY BLOCK 1/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF THE ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS 0 ESMT r t : o - - O.S. BLOCK 1/6382 SANITARY SEWER EASEMENT 0.3192 ACRES 13,902 SQ. FT. -MATC~LINE (SEE SHEET 2) NOTES All deed and plat references are recorded in the Deed Records of Dallas County, Texas unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). [i] Dallas Power and Light Company & Southwestern Bell Telephone Company esmt., VOL. 72197, PG. 702 LEGEND !:; CENTRAL ANGLE C.M. CONTROLLING MONUMENT ESMT. =EASEMENT P 0 C =POINT OF COMMENCING P0 B POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC IRON ROD W/CAP FOUND M.R.D.C.T. MAP RECORDS OF DALLAS COUNTY, TEXAS 0 PRO CT =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS O.S. OPEN SPACE SE= SAVE AND EXCEPT VOL. =VOLUME PG.= PAGE R.O.W. RIGHT-OF-WAY F.KA = FORMERLY KNOWN AS (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Reviewed By. A.\:lod.;?i"'e"2.- Date: SPRG NO: 4396 L\\sll8 UTILITY EASEMENT ABANDONMENT CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEi a 2,250 square foot (0.0517 acre) tract of land situated in the Heirs of the Isaiah Park Survey, Abstract No.1144, City of Dallas, Dallas County, Texas, and being in City Block 11/6382 and being part of a 29.161 acre tract of land described in Affidavit of Ownership and Confirmation and Ratification of Conveyance to Partnership to Daniel Brothers L.L. , recorded in Instrument No. 20070151400, Official Public Records of Dallas County, Texas, all of a utility easement in Block 11 /6382, Second Installment Forestwood Townhouse Community, an addition to the City of Dallas, according to the plat thereof recorded in Volume 72079, Page 2459, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line Willow Lane (a 60-foot wide right-of-way, formerly County Road 517, County of Dallas, 2356, Page 241, Deed of Dallas County, and the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, Formerly County Road 79, Dallas County, Volume 356, Page 334, Deed Records of Dallas County, Texas) and at the northeast corner of Open Space, Block 11 /6382, from which a with cap stamped "KHA" found at the northwest corner Installment Forestwood Townhouse Community South 89°29'57" West, a distance of 704.88 feet; THENCE with said west right-of-way line of Inwood Road and the east line of said Second Installment Forestwood Townhouse Community, South 0°42'01" East, a distance of 260.00 feet to a point for corner; THENCE departing said west right-of-way line of Inwood Road and said east line of Second Installment Forestwood Townhouse Community, over and across said Second Installment Forestwood Townhouse Community, South 89°29'57" West, a distance of 317.50 feet to a point in the south line of Lot 29, Block 11 /6382 at the northwest corner of a utility and fire lane easement per said Second Installment Forestwood Townhouse Community plat, an easterly corner Open Space, Block 11/6382 and at the northeast corner of said utility easement for the POINT OF BEGINNING; THENCE with the west line of said utility and fire lane easement, the east line of said Open Space, Block 11/6382 and the east line of said utility South 0°42'01" East, a distance of 30.00 feet to the southeast corner of said utility easement; THENCE departing the west line of said utility and fire lane easement, the east line of said Open Space, Block 11/6382, and with the south line of said utility easement, South 89°29'57" West, a distance of 75.00 feet to a point in the east line of said utility and fire lane easement and the west line of said Open Space, Block 11 /6382 at the southwest corner of said utility easement; (For SPRG use only) Reviewed By: DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH< 770-1300 Date: SPRG NO: A·RodY.~"'"-1:i.. l.f/:;/IB _1._'!Ql _____ _ UTIL EASEMENT ABANDONMENT CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS with the east line of said utility fire lane easement, the west line of said Open Space, 11/6382 and the west line of utility easement, North 0°42'01" West, a distance of 30.00 feet to a point in south line of Block 11 /6382, at the northeast corner of said utility and lane easement; easement and northwest corner said with the south line said 30, Block 11 /6382, the west line of said Open Space, Block and the north line of said utility North 89°29'57" at a distance 7.5 passing Block 11 and a westerly corner of Open Space, Block line utility easement, at a distance of 67.5 feet, passing the Block 11 /6382 Space, Block of 1 (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 ~, ,,~~··~ TEXAS 75240 770-1 Reviewed Date: SPRG NO: A ·tl-och:.'J""""L4/ S /! 8 _4_4_Ql _____ _ UTILITY EASEMENT ABANDONMENT 0 CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 100 CITY OF DALLAS, DALLAS COUNTY, TEXAS 50 O.S. BLOCK i 1/6382 WILLOW LANE (6Q'B.O.W.l .. IRFC (C.M) "KH S89°29'57"W 704.88' KA. COUNTY ROAD DALLAS, 2356, 19 3 5 6 7 iO 20 F BLOCK 11/6382 O.S. kfJ O.S. ~ 0 01 '1" 0 (j) :::<'. 37 36 ! 25 35 22 21 i u 0 _i N ro ro (') • CD UJ~ o~ BLO K 9/63 2 2 3 4 BL CK 0/63 2 5 6 29.161 ACRES DANIEL BROTHERS LLP. INST. NO. 20070151400 OPRD CT. 7 8 S89°29'57"W 75.00' -.L----L----1 r UTILITY EASEMENT ABANDONMENT 0.0517 ACRES, 2,250 SQ. FT. I All deed and plat references are recorded in the Deed Records of Dallas County, Texas unless otherwise noted. 15 Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). Dallas Power and Light Company & Southwestern Bell Telephone Company esmt, VOL. 72197, PG. 702 (For SPRG use only) Reviewed By: Date: SPRG NO: A. ~od.;.'jv..r11.'4jsl1& _1_1Ql_____ _ LEGEND C.M. =CONTROLLING MONUMENT ESMT. = EASEMENT O.S. =OPEN SPACE P0 C POINT OF COMMENCING P 08 = POINT OF BEGINNING VOL =VOLUME, PG. = PAGE RO.W =RIGHT-OF-WAY F.KA = FORMERLY KNOWN AS IRSC = 518" IRON ROD W/ "KHA" CAP SET IRFC IRON ROD W/CAP FOUND M.RD.C.T. = MAP RECORDS OF DALLAS COUNTY, TEXAS 0 P.RD CT. =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS UTILITY EASEMENT ABANDONMENT CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 2,250 square foot (0.0517 acre) tract of land situated in the Heirs of the Isaiah Park Survey, Abstract No.1144, City of Dallas, Dallas County, Texas, and being in City Block 11/6382 and being part of a tract of land described in Warranty Deed to Daniel Brothers L.L.P. recorded in Instrument No. 20070151400, Official Records, Dallas County, Texas, all of a utility easement in Block 11 /6382, Second Installment Forestwood Townhouse Community, an addition to the City of Dallas, according to the plat thereof recorded in Volume 72079, Page 2459, Deed Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line of Willow Lane (a 60-foot wide right-of-way, formerly known as County Road 517, County of Dallas, Volume 2356, Page 241, Deed Records of Dallas County, Texas) and the west right-of-way line Inwood Road 1DO-foot wide right-of-way, formerly known as County Road 79, Dallas County, Volume 356, Page 334, Deed Records of Dallas County, Texas) and at the northeast corner of Open Space, Block 11 /6382, from which a 5/8" iron rod with plastic cap stamped "KHA" found at the northwest corner said Second Installment Forestwood Townhouse Community bears South 89°29'57" a distance of 704.88 feet; THENCE with said west right-of-way line of Inwood Road and the east line of said Second Installment Forestwood Townhouse Community, South 0°42'01" East, a distance of 545.00 feet to a point for corner; THENCE departing said west right-of-way line of Inwood Road and said east line of Second Installment Forestwood Townhouse Community, over and across said Second Installment Forestwood Townhouse Community, South 89°29'57" West, a distance of 317.50 feet to a point in the north line of Lot 39, Block 8/6382 at the southwest corner of a utility and fire lane easement per said Second Installment Forestwood Townhouse Community plat, the southeast corner of Open Space, Block 11/6382 and at the southeast corner of said utility easement for the POINT OF BEGINNING; THENCE with the north line of said Lot 39, Block 8/6382, the south line of Open Space, Block 11/6382 and the south line of said utility easement, South 89°29'57" West, at a distance of 7.5 feet, passing the northwest corner of said Lot 39, Block 8/6382, the northeast corner of Open Space, Block 8/6382, continuing with the south line of said utility easement, the south line of said Open Space, Block 11 /6382 and the north line of said Open Space, Block 8/6382, at a distance of 67.5 feet, passing the northeast corner of Lot 38, Block 8/6382, continuing with the north line of said Lot 38, Block 8/6382, the south line of said Open Space, Block 11/6382, and the south line of said utility easement, in all a total distance of 75.00 feet to the southwest corner of said Open Space, Block 11 /6382 and the southeast corner of a utility and fire lane easement; (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 Reviewed By: A. l<...d.,;,jv.(2Date: SPRG NO: _1_~_?:_____ _ 4'sM; UTILITY EASEMENT ABANDONMENT CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 CITY OF DALLAS, DALLAS COUNTY, TEXAS TH departing the north line of said Lot 38, Block 8/6382, with the west line of said Open Space, Block 11/6382, the east line of utility and fire lane easement, and the west line of said utility easement, North West, a 30.00 feet to the northwest corner said utility the east of said utility and fire lane easement and the west line of said Open Space, Block 11/6382 and with north line of said utility easement, North 89°29'57" a distance of to a in the west line of utility and fire lane easement and the east line of Open 11/6382, at the corner of said utility easement; said west line of the utility and fire lane easement and said east line east line utility easement, a distance of 1 (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Reviewed By: Date: A.(5.oJ.;!"a. SPRG NO: _i._4:91______ 41s-IJB UTILITY EASEMENT ABANDONMENT 0 50 CITY BLOCK 11/6382 SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 100 CITY OF DALLAS, DALLAS COUNTY, TEXAS ~~~ WILLOW LANE 00 GRAPHIC SCALE IN FEET S89°29'57"W 704.88' NOTES All deed and plat references are recorded in the Deed Records of Dallas County, Texas unless otherwise noted. 18 Bearing system based the Texas Coordinate System of 983, North Central Zone (4202), North American Datum of 1983(2011 ). [j] 19 BLOCK 11/6382 Dallas Power Light Company & Southwestern Bell Telephone Company Esmt, VOL. 72197, PG. 702 O.S. O.S. 22 LEGEND C.M. =CONTROLLING MONUMENT ESMT. = EASEMENT P0 C POINT OF COMMENCING P 0 B = POINT OF BEGINNING IRSC =5/8" IRON ROD W/ "KHA" CAP SET IRFC =IRON ROD W/CAP FOUND M.R.D.C.T =MAP RECORDS OF DALLAS COUNTY, TEXAS 0 P RD CT OFFICIAL PUBLIC OS. RECORDS OF DALLAS COUNTY, TEXAS O.S. OPEN SPACE VOL =VOLUME, PG. = PAGE S0°42'01"E RO.W =RIGHT-OF-WAY 30.00' N88°29'57"E 75.00' 15 9 UTILITY ESMT PG O.S. 15 9 29.161 ACRES DANIEL BROTHERS LLP. INST. NO. 20070151400 OPRDCT I 40 7500' 10 14 S0'42'01"E 545.00' I UTILITY EASEMENT ABANDONMENT 0.0517 ACRES, 2,250 SQ. FT. (For SPRG use only) Date: A. ~odV.~,,,._-et.. 4-f $ }/8 SPRG NO: _i,'1:,91______ Reviewed By: DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 3/6382, 4/6382 AND 5/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY S. LOCKHART SURVEY, ABSTRACT NO. 821 CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 10,284 square foot (0.2361 acre) tract of land situated in the S. Lockhart Survey, Abstract No. 821, City of Dallas, Dallas County, Texas, and being all of a utility and fire lane easement adjacent to City Blocks 3/6382, 4/6382 and 5/6382 according to the plat of First Installment Forestwood Townhouse Community, an addition to the City of Dallas, according to the plat thereof recorded in Volume 72079, Page 2450, Deed Records, Dallas County, Texas, being part of a 29.161 acre tract of land described in Affidavit of Ownership and Confirmation and Ratification of Conveyance to Partnership to Daniel Brothers L.L. , recorded in Instrument No. 20070151400, Official Public Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at a point in a utility vault at the intersection of the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, formerly County Road 79, Dallas County, Volume 356, Page 334, Deed Records Dallas County, the north right-of-way line Forest Lane (a 120-foot wide right-of-way, formerly County Road 124, Dallas County, Volume 406, Page 85, Deed Records of Dallas County, at southeast corner Space, Block 1/6382 said Installment Forestwood Townhouse Community; THENCE with said north line Forest and the south line First Installment Forestwood Townhouse Community, at a distance of 5.00 feet, passing a 5/8" iron rod with plastic cap stamped "KHA" found, continuing in all a total distance of 660.97 feet to the southwest corner of Lot 7, Block 3/6382 for the POINT OF BEGINNING; THENCE continuing with said north right-of-way line and the south line of said First Installment Forestwood Townhouse Community, South 89°15'39" West, a distance of 30.00 feet to the southeast corner of Lot 4, Block 4/6382, from which a 1/2" iron rod found at the southwest corner of said First Installment Forestwood Townhouse Community South 89°15'39" West, a distance of 105.00 feet; (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Reviewed By. Date: SPRG NO: A -llod,,;,~.....e."l... i;j S I l'i} --~_Q~----- ADJACENT TO CITY BLOCKS 3/6382, 4/6382 AND 5/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY S. LOCKHART SURVEY, ABSTRACT NO. 821 CITY OF DALLAS, DALLAS COUNTY, TEXAS TH departing said north right-of-way line and said south line and the west line of said utility and fire lane easement and with the east line of Block 4/6382, the following courses and distances to wit: West, a distance of 180.83 to a point at the beginning of a tangent curve to left having a central angle of 46°51 , a radius of 20.00 feet, a chord bearing and distance of North 23°55'1 15.91 feet; In a northwesterly direction, with said curve to left, an arc distance of 16.36 to a point in the east line Lot 2, Block 4/6382 and at the beginning of a reverse curve to the right a central angle 286°00'36", a radius of 38.50 feet, a chord bearing and distance of South 84°20'51" East, 46. east of Block the south line of Block 5/6382, the west line said and the west of Block 3/6382, in a southeasterly direction, with said an arc distance 192.18 feet to a point in the west of Lot 1, Block 3/6382 at a a reverse curve to the having a of ,a of 20.00 bearing and distance of South 29°05'00" West, 1 Block 3/6382 and west said utility lane easement, the TH west following courses and distances to wit: In a southwesterly direction, with said curve to the left, an arc distance of 20.65 feet to a point for corner; South 0°29'27" East, a distance of 1 17 feet to the POINT OF BEGINNING and containing 10,284 square feet or 0.2361 acres of land Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum 1983(2011 ). (For SPRG use only) Reviewed By: DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 Date: SPRG NO: A.~J~5....e-z... i.Us'/18 --~Q~----- UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 3/6382, 4/6382 AND 5/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY S. LOCKHART SURVEY, ABSTRACT NO. 821 CITY OF DALLAS, DALLAS COUNTY, TEXAS FIRST INSTALLMENT FORESTWOOD I 14 ,:\= 286000 ; ,, 36 R=38.50' OS BLOCK 1/6382 TOWNHOUSE COMMUNITY L=l9 2 .i8'--~. VOL. 72079, PG. CB=S84 °20'51 "E C=46.33' 11 15 ""=46°51'42" R=20.00' L=16.36' CB=N23°55'i8"W ru. C=15.91' > 61 ACRES DANIEL BROTHERS LLP. INST. NO. 20070151400 OPRDCT (l'. i3l ci z BLOCK H/6394 Z 1---'~---- ~~ I ""=59°08'53" R=20.00' L=20.65' CB=S29°05'00"W C=19.74' -----UTILITY AND FIRE 'Y.li+f 18 _i_~J _____ _ UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF AM HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS Records of Dallas County, Texas), at the southeast corner of Open Space, Block 1/6382 of said First Installment Forestwood Townhouse Community; THENCE with said west right-of-way line of Inwood Road and the east line of said Open Space, Block 1/6382, North 0°42'01" West, at a distance of 5.00 feet, passing a 5/8" iron rod with plastic cap stamped "KHA" found, continuing in all a total distance of 602.44 feet, to the northeast corner of said Open Space, Block 1/6382, First Installment Forestwood Townhouse Community; THENCE departing said west right-of-way line of Inwood Road, over and across said First Installment Forestwood Townhouse Community, South 64°53'07" West, a distance of 318.48 feet to a point in the west line of a utility and fire lane easement and at the easternmost southeast corner of Open Space, Block 7/6382, First Installment Forestwood Townhouse Community for the POINT OF BEGINNING and at the beginning of a curve to the right having a central angle of 89°59'19", a radius of 20.00 feet, a chord bearing and distance of South 44°17'38" West, 28.28 feet; THENCE in a southwesterly direction with said utility and fire lane easement and with said curve to the right, an arc distance of 31.41 feet to southernmost southeast corner of said Open Space, Block 7/6382; THENCE with the north line of said utility and fire lane easement and the south line of said Open Space Block 7/6382, the following courses and distances to wit: South 89°17'17" West, a distance of 189.16 feet to a point at the beginning of a tangent curve to the right having a central angle of 28°00'10", a radius of 20.00 feet, a chord bearing and distance of North 76°42'38" West, 9.68 feet; In a northwesterly direction, with said curve to the right, an arc distance of 9.77 feet to a point for corner; North 62°42'33" West, a distance of 13.18 feet to the southernmost southwest corner of said Open Space, Block 7/6382 and at the beginning of a tangent curve to the right having a central angle of 90°00'15", a radius of 20.00 feet, a chord bearing and distance of North 17° 42'25" West, 28.29 feet; THENCE in a northwesterly direction with said utility and fire lane easement and with said curve to the right, an arc distance of 31.42 feet to the westernmost southwest corner of said Open Space Block 7/6382 and at the beginning of a reverse curve to the left having a central angle of 27°59'44", a radius of 115.00 feet, a chord bearing and distance of North 13°17'51" East, 55.63 feet; THENCE with said east line, said utility and fire lane easement and the west line of said Open Space, Block 7/6382, the following courses and distances to wit: (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 Reviewed By: A. '2...,J.:;..:JltH L Date: 4/4//Q SPRG NO: _i_~9J _____ _ UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF AM. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS In a northeasterly direction, with said curve to the left, an arc distance of 56.19 feet to a point for corner; North 0°42'01" West, a distance of 264.85 feet to the westernmost northwest corner of Lot 8, Block 7/6382 and at the beginning of a tangent curve to the right having a central angle of 90°11 '59", a radius of 20.00 feet, a chord bearing and distance of North 44 °23'58" East, 28.33 feet; THENCE in a northeasterly direction, with said curve to the right, an arc distance of 31.49 feet to the northernmost northwest corner of said Lot 8, Block 7/6382; THENCE with the south line of said utility and fire lane easement and the north line of said Block 7/6382, North 89°29'57" East, a distance of 185.00 feet to the northernmost northeast corner of Lot 1, Block 7/6382 and at the beginning of a tangent curve to the right having a central angle of 89°48'01 ", a radius of 20.00 feet, a chord bearing and distance of South 45°36'02" 28.23 feet; THENCE in a southeasterly direction, with said curve to the right, an arc distance of 31.35 feet to the easternmost northeast corner of said Lot 1, Block 7/6382; THENCE with the west line of said utility and fire lane easement and the east line of said Block 7/6382, South 0°42'01" East, a distance of 333.72 feet to the POINT OF BEGINNING and containing 1.9394 acres or 84,482 square feet of land. SAVE AND EXCEPT #4 (Lots 1 through 16 and Open Space in Block 6/6382, First Installment Forestwood Townhouse Community) COMMENCING at a point in a utility vault at the intersection of the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, Dallas County, Volume 356, Page 334, Deed Records of Dallas County, Texas) with the north right-of-way line of Forest Lane (a 120-foot wide right-of-way, Dallas County, Volume 406, Page 85, Deed Records of Dallas County, Texas), at the southeast corner of Open Space, Block 1/6382 of said First Installment Forestwood Townhouse Community; THENCE with said west right-of-way line of Inwood Road and the east line of said Open Space, Block 1/6382, North 0°42'01" West, at a distance of 5.00 feet, passing a 5/8" iron rod with plastic cap stamped "KHA" found, continuing in all a total distance of 602.44 feet, to the northeast corner of said Open Space, Block 1/6382, First Installment Forestwood Townhouse Community; (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH 770-1300 Reviewed By. .L..:!.'..1.:::2~~~ Date: SPRG NO: _±_~_! _____ _ UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE departing said west right-of-way line of Inwood Road, over and across said First Installment Forestwood Townhouse Community, South 78°52'57" West, a distance of 564.25 feet to a point in a utility and fire lane easement, at the easternmost southeast corner of Lot 10, Block 6/6382 for the POINT OF BEGINNING and at the beginning of a curve to the right having a central angle of 90°03'24", a radius of 20.00 feet, a chord bearing and distance of South 72°19'41" West, 28.30 feet; THENCE in a southwesterly direction with said utility and fire lane easement and said curve to the right, an arc distance of 31 A4 feet to the southernmost southeast corner of said Lot 10, Block 6/6382; THENCE with the north and east lines of said utility and fire lane easement and the south and west lines of said Block 6/6382, the following courses and distances to wit: a distance of 200.87 feet to a point at the beginning of a tangent curve to the right North 62°42'33" having a central angle of 62°00'31 , a radius of 20.00 feet, a chord bearing and distance of North 31°42'17" West, 20.60 feet; In a northwesterly direction, with said curve to the right, an arc distance of 21.65 feet to a point for corner; North 0°42'01" West, a distance of 107.89 feet to a point at the beginning of a tangent curve to the right having a central angle of 39°59'29", a radius of 20.00 feet, a chord bearing and distance of North 19°17'43" East, 13.68 feet; In a northeasterly direction, with said curve to the right, an arc distance of 13.96 feet to a point for corner; North 39°17'27" East, a distance of 121.28 feet to westernmost northwest corner of Lot 16, Block 6/6382 and at the beginning of a tangent curve to the right having a central angle of 50°12'30", a radius of 22.47 feet, a chord bearing and distance of North 64 °23'42" East, 19.07 feet; THENCE in a northeasterly direction with said utility and fire lane easement and said curve to the right, an arc distance of 19.69 feet to a northerly corner of said Lot 16, Block 6/6382; THENCE with the south line of said utility and fire lane easement and the north line of said Block 6/6382, North 89°29'57" East, a distance of 105.16 feet to the northernmost northeast corner of Lot 1, Block 6/6382 and at the beginning of a tangent curve to the right having a central angle of 89°48'01", a radius of 20.00 feet, a chord bearing and distance of South 45°36'02" East, 28.23 feet; THENCE with the west line of said utility and fire lane easement and the east line of said Block 6/6382, the following courses and distances to wit: (For SPRG use only) Reviewed By: DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 DUNN 312912018 4 32 PM K Date: SPRG NO: A. P.od.;,3v1..f?.. 4 / 4 /!f3 _±_~~------ UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS In a southeasterly direction, with said curve to the right, an arc distance of 31.35 feet to the easternmost northeast corner of said Lot 1, Block 6/6382; South 0°42'01 East, a distance of 265.09 feet to a point at the beginning of a tangent curve to the right having a central angle of 28°00'00", a radius of 85.00 feet, a chord bearing and distance of South 13°17'59" West, 41. 13 feet; In a southwesterly direction with said curve to the right, an arc distance of 41.54 feet to the POINT OF BEGINNING and containing 1.3900 acres or 60,548 square feet of land. SAVE AND EXCEPT #5 (Lots 1 through 47 and Open Space in Block 8/6382 , First Installment Forestwood Townhouse Community and Second Installment Forestwood Townhouse Community and Lots 1 through 38 and Open Space in Block 11/6382, Second Installment Forestwood Townhouse Community) COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line of Willow Lane (a 60-foot wide right-of-way, County of Dallas, Volume 2356, Page 241, Deed Records of Dallas County, Texas) and the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, Dallas County, Volume 356, Page 334, Deed Records of Dallas County, Texas) and at the northeast corner of Open Space, Block 11/6382, Second Installment Forestwood Townhome Community; THENCE over and across said Second Installment Forestwood Townhome Community, South 59°09'21" West, a distance of 69.28 feet to a point in a utility and fire lane easement and at the northernmost northeast corner of Lot 20, Block 11/6382, Second Installment Forestwood Townhome Community for the POINT OF BEGINNING and at the beginning of a curve to the right having a central angle of 89°48'01 '', a radius of 25.00 feet, a chord bearing and distance of South 45°36'02" East, 35.29 feet; THENCE with the east line of said Block 11/6382 and the west line of said utility and fire lane easement, the following courses and distances to wit: In a southeasterly direction, with said curve to the right, an arc distance of 39.18 feet to a point for corner; South 0°42'01" East, a distance of 180.02 feet to the beginning of a tangent curve to the right having a central angle of 90°11 '59", a radius of 20.00 feet, a chord bearing and distance of South 44°23'58" West, 28.33 feet; In a southwesterly direction, with said curve to the right, an arc distance of 31.49 feet to a point for corner; South 89°29'57" West, a distance of 262.43 feet to a point for corner; South 0°42'01" East, a distance of 285.00 feet to a point for corner in the north line of Lot 39, Block 8/6382 at the southeast corner of Open Space, Block 11 /6382; (For SPRG use only) A. DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Reviewed By: l<.od.:.:J"'e-z. Date: 41411 S SPRG NO: _i_~9J _____ _ 770-1300 239-3820 UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 H RS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE with the north line of said Block 8/6382 and said utility and fire lane easement, North 89°29'57" East, a distance of 262.57 feet to the northernmost northeast corner of Lot 47, Block 8/6382 and at the beginning of a tangent curve to the right having a central angle of 89°48'01", a radius of 20.00 feet, a chord bearing and distance of South 45°36'02" East, 28.23 feet; THENCE with the westerly line of said utility and fire lane easement and the easterly line of said Block 8/6382, the following courses and distances to wit: In a southeasterly direction, with said curve to the right, an arc distance of 31.35 feet to the northeast corner of said Lot Block 8/6382; South 0°42'01" East, a distance of 385.99 feet to the easternmost southeast corner of Lot 9, Block 8/6382, First Installment Forestwood Townhouse Community and at the beginning of a tangent curve to the right a chord bearing and distance of South 44 °23'58" having a central angle of 90°11 '59", a radius of 20.00 West, 28.33 feet; In a southwesterly direction, with said curve to the right, an arc distance of 31 .49 feet to the southeast corner of Open Space, Block 8/6382; THENCE with the north line of a utility and fire lane easement and the south line of said Open Space, Block 8/6382, South 89°29'57" West, a distance of 185.00 feet to the southwest corner of said Open Space, Block 8/6382 and at the beginning of a tangent curve to the right having a central angle of 89°48'01 ", a radius of 20.00 feet, a chord bearing and distance of North 45°36'02" West, 28.23 feet; THENCE in a northwesterly direction with said utility and fire lane easement and said curve to the right, an arc distance of 31.35 feet to the westernmost southwest corner of Lot 10, Block 8/6382; THENCE with said east line of said utility and fire lane easement and the west line of said Block 8/6382, the following courses and distances to wit: North 0°42'01" West, a distance of 111.00 feet to the beginning of a tangent curve to the right having a central angle of 90°11 '59", a radius of 20.00 feet, a chord bearing and distance of North 44°23'58" East, 28.33 feet; In a northeasterly direction, with said curve to the right, an arc distance of 31.49 feet to a point for corner; North 89°29'57" East, a distance of 64.93 feet to a point for corner; North 0°42'01 West, a distance of 50.00 feet to a point for corner; South 89°29'57" West, a distance of 480.07 feet to the beginning of a tangent curve to the right having a central angle of 89°48'01 ", a radius of 20.00 feet, a chord bearing and distance of North 45°36'02" West, 28.23 feet; (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 Reviewed By: Dote: SPRG NO: A. g.,J..;.3~ez... 4/4/ J IJ _±_~_1 _____ _ n UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS In a northwesterly direction, with said curve to the right, an arc distance of 31.35 feet to a point for corner; North 0°42'01 West, a distance of 184.99 feet to the beginning of a tangent curve to the right having a central angle of 90°11 '59", a radius of 20.00 feet, a chord bearing and distance of North 44 °23'58" East, 28.33 feet; In a northeasterly direction, with said curve to the right, an arc distance of 31.49 feet to a point for corner; North 89°29'57" East, a distance of 262.43 feet to a point for corner in the north line of Lot 38, Block 8/6382, Second Installment Forestwood Townhouse Community at the southwest corner of Open Space Block 11/6382; 11 THENCE with the east line of said utility and fire lane easement and the west line of said Block 11/6382, the following courses and distances to wit: North 0°42'01" West, a distance of 285.00 feet to a point for corner; South 89°29'57" West, a distance of 262.57 feet to the beginning of a tangent curve to the right having a a chord bearing and distance of North 45°36'02" central angle of 89°48'01", a radius of 20.00 28.23 feet; In a northwesterly direction, with said curve to the right, an arc distance of 31.35 feet to a point for corner; North 0°42'01" West, a distance of 174.97 feet to the beginning of a tangent curve to the right having a central angle of 90°11 '59", a radius of 30.00 feet, a chord bearing and distance of North 44°23'58" East, 42.50 feet; In a northeasterly direction, with said curve to the right, an arc distance of 47.23 feet to the northernmost northwest corner of Lot 1, Block 11 /6382; THENCE with said south right-of-way line and the north line of said Block 11/6382, North 89°29'57" East, a distance of 584.99 feet to the POINT OF BEGINNING and containing 8.0195 acres or 349,329 square feet of land. SAVE AND EXCEPT #6 (Lots 1 through 16 and Open Space in Block 9/6382, Second Installment Forestwood Townhouse Community) COMMENCING at a 5/8" iron rod with plastic cap stamped "KHA" found at the intersection of the south right-of-way line of Willow Lane (a 60-foot wide right-of-way, County of Dallas, Volume 2356, Page 241, Deed Records of Dallas County, Texas) and the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, Dallas County, Volume 356, Page 334, Deed Records of Dallas County, Texas) and at the northeast corner of Open Space, Block 11/6382, Second Installment Forestwood Townhome Community; (For SPRG use only) Reviewed By. DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. (972) 770-1300 dana.brown DUNN. STACY Date: SPRG NO: A·P.<>d..:~...,,e-z.. 41i+ll _±_~9J ____ _ 0 UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 H RS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE over and across said Second Installment Forestwood Townhome Community, South 64°47'32" West, a distance of 741 .83 feet to a point in the east line of said utility and fire lane easement and at the westernmost northwest corner of Lot 1, Block 9/6382 for the POINT OF BEGINNING and at the beginning of a curve to the right having a central angle of 90°11'59", a radius of 20.00 feet, a chord bearing and distance of North 44°23'58" East, 28.33 feet; THENCE in a northeasterly direction, with said utility and fire lane easement and said curve to the right, an arc distance of 31 .49 feet to the northernmost northwest corner of said Lot 1, Block 9/6382; THENCE with a south line of said utility and fire lane easement and the north line of said Block 9/6382, North 89°29'57" East, a distance of 220.00 feet to the northernmost northeast corner of Lot 8, Block 9/6382 and at the beginning of a tangent curve to the right having a central angle of 89°48'01 , a radius of 20.00 feet, a chord bearing and distance of South 45°36'02" East, 28.23 feet; THENCE in a southeasterly direction, with said utility and fire lane easement and said curve to the right, an arc distance of 31.35 feet to the easternmost northeast corner of said Lot 8, Block 9/6382; THENCE with the west line of said utility and fire lane easement and the east line of said Block 9/6382, South 0°42'01" East, a distance of 185.00 feet to the easternmost southeast corner of Lot 9, Block 9/6382 and at the beginning of a tangent curve to the right having a central angle of 90°11 '59", a radius of 20.00 feet, a chord bearing and distance of South 44°23'58" West, 28.33 feet; THENCE in a southwesterly direction, with said utility and fire lane easement and said curve to the right, an arc distance of 31.49 feet to the southernmost southeast corner of said Lot 9, Block 9/6382; THENCE with the north line of said utility and fire lane easement and the south line of said Block 9/6382, South 89°29'57" West, a distance of 220.00 feet to the southernmost southwest corner of Lot 16, Block 9/6382 and at the beginning of a tangent curve to the right having a central angle of 89°48'01", a radius of 20.00 feet, a chord bearing and distance of North 45°36'02" West, 28.23 feet; THENCE in a northwesterly direction, with said utility and fire lane easement and said curve to the right, an arc distance of 31.35 feet to the westernmost southwest corner of said Lot 16, Block 9/6382; (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. (972) 770-1300 Reviewed By: Date: SPRG NO: A.f?..J....;3""e7.Y/4119 _±~~------ UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE with the east line of said utility and fire lane easement and the west line of said Block 9/6382, North 0°42'01" West, a distance of 185.00 feet to the POINT OF BEGINNING and containing 1.3351 acres or 58, 157 square feet of land. SA VE AND EXCEPT #7 (Lots 1 through 16 and Open Space in Block 10/6382, Second Installment Forestwood Townhouse Community.) COMMENCING at a 5/8" iron rod with cap stamped "KHA" found at the intersection of the south right-of-way line of Willow Lane (a 60-foot wide right-of-way, County of Dallas, Volume 2356, Page 241, Deed Records of Dallas Texas) and the west right-of-way line of Inwood Road (a 100-foot wide right-of-way, Dallas County, Volume 356, Page 334, Deed Records of Dallas County, Texas) and at the northeast corner of Open Space, Block 1 Second Installment Forestwood Townhome THENCE over and across said Second Installment Forestwood Townhome Community, South 10°01 '56" West, a distance of 294.97 feet to a point in the south line of a utility and fire lane easement and at the northernmost northeast corner of Lot 8, Block 10/6382 for the POINT OF BEGINNING and at the beginning of a curve to the right having a central angle of 89°48'01 ", a radius of 20.00 feet, a chord bearing and distance of South 45°36'02" East, 28.23 feet; THENCE in a southeasterly direction, with said utility and fire lane easement and said curve to the right, an arc distance of 31.35 feet to the easternmost northeast corner of said Lot 8, Block 10/6382; THENCE with the west line of said utility and fire lane easement and the east line of said Block 10/6382, South 0°42'01" East, a distance of 185.00 feet to the easternmost southeast corner of Lot 9, Block 10/6382 and at the beginning of a tangent curve to the right having a central angle of 90°11'59", a radius of 20.00 feet, a chord bearing and distance of South 44°23'58" West, 28.33 feet; THENCE in a southwesterly direction, with said utility and fire lane easement and said curve to the right, an arc distance of 31.49 feet to the southernmost southeast corner of said Lot 9, Block i 0/6382; THENCE with the north line of said utility and fire lane easement and the south line of said Block 10/6382, South 89°29'57" West, a distance of 220.00 feet to the southernmost southwest corner of Lot 16, Block 10/6382 and at the beginning of a tangent curve to the right having a central angle of 89°48'01 '', a radius of 20.00 feet, a chord .23 feet; bearing and distance of North 45°36'02" W (For SPRG use on! y) A DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 J ... Reviewed By: .f<.., ·j""'-z. Date: i+/~/JB SPRG NO: _±_~J _____ _ u UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 H RS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE in a northwesterly direction, with said utility and fire lane easement and said curve to the right, an arc distance of 31 .35 feet to the westernmost southwest corner of said Lot 16, Block 10/6382; THENCE with the east line of said utility and fire lane easement and the west line of said Block 10/6382, North 0°42'01" West, a distance of 185.00 feet to the westernmost northwest corner of Lot 1, Block 10/6382, and at the beginning of a tangent curve to the right having a central angle of 90°11'59", a radius of 20.00 feet, a chord bearing and distance of North 44 °23'58" East, 28.33 THENCE in a northeasterly direction, with said utility and fire lane easement and said curve to the right, an arc distance of 31.49 feet to the northernmost northwest corner of said Lot 1, Block 10/6382; THENCE with the south line of said utility and fire lane easement and the north line of said Block 1 North 89°29'57" East, a distance of 220.00 feet to the POINT OF BEGINNING and containing 1.3351 acres or 58, 157 square feet of land resulting in a net area of 4.9081 acres or 213,798 square feet of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983 (2011 ). (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Reviewed By: A·~od..;3 . . . ~z.. Date: Y./l.{./18 SPRG NO: _1_~9.J. _____ _ 0 UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS s 19 1 (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 Reviewed By: Date: A '2- SPRG NO: _±.~~------ 0 d..: !'.F"fl.. 'i/ 4/18 UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF AM. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS P.O.C. (4.9081 ACRES) (S.E. 5), (S.E. 6) (S.E. 7) --+----P.O.B. S.E 7 P.O.B. 4.9081 ACRES P.O.C. (4.9081 ACRES) (S.E. 1), (S.E. 2) (SE. 3), (S.E. 4) (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DUNN Reviewed By: Date: SPRG NO: A ·~od.;.EJ""""~ 414! 18 _!~9_1 _____ _ u UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS, DALLAS COUNTY, TEXAS ~-: 1 - - 2 I 29 6 28 7 MATCH LINE (SEE SHEET 19) SAVE AND EXCEPT #1 --~ 8 2.9263 ACRES 9 26 ----127,469 SQ. FT.-----"C!-llll 27 I 25 10 0 50 100 S0"42'01"E 53748' 0 <( .o !Ct'.'. rJ ~ :,::f------0 14 c o· 0 _J Q) fJ) ro>------15 :::! (.!) 10 fl'.'. 0.. >-. en OJ '0 !::::- (S.E 1) 0 z 11 O.l Qi G ·;; +' 0::: 12 'O O.l 3: O.l 0::: P.O.B. 0 0 o_ (/) 13 I 18 L[) u ci 0 0 0... - o SS r::.o sf- ;: '. 1sz o:::O z• tJiQ 1 (J) w f'' _J o> lL C 14 S89°15'39"W Dallas Power and Light Company & Southwestern Bell Telephone Company esmt., VOL 72197, PG. 702 ~ 15' sewer esmt., VOL. 5302, PG. 538 !]] 15' sewer esmt., VOL. 69223, PG. 788 DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 w zN WN VOL 72079. PG 2450 Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011 ). See sheet 16 for key map. See sheet 23 for curve data. 0::: f- 0 C16 S89°15'39"W 185.00' NOTES HOCKADAY SCHOOL, VOL 2000220, PG. All deed and plat references are recorded in the Deed Recordsof Dallas County, Texas unless otherwise noted ITJ ~!O ii' GRAPHIC LEGEND /J. =CENTRAL C.M. CONTROLLING MONUMENT ESMT. = EASEMENT P0 C POINT OF COMMENCING P 0 B = POINT OF BEGINNING IRSC 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND M.RD.CT =MAP RECORDS OF DALLAS COUNTY, TEXAS 0 P RD CT = OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS O.S. =OPEN SPACE VOL VOLUME, PG. = PAGE RO.W =RIGHT-OF-WAY F.KA = FORMERLY KNOWN AS .0 UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF A.M. HARWOOD SURVEY, ABSTRACT NO. 581 _ O.S. ___ CIT~Y ~iif.DAL~, DALLAS COUNTY, TEX~ - NT F RES 0 D TO NHrUSE UNI Y, v L. 72 79, p . 24 g 41 42 43 44 45 46 47 1638 SAVE AND • MATCH LINE SHEET 22) 0 EXCEPT #5 8.019 ACRES _349,329 SQ. z .. 2 (.'.) 0 (/) 0 0:: n... 1 :w •Z ;~ 0 t3 ~if1'.i:jJ . 0 50 100 C0 UJ....J 0 0 o: ii? 0 < u QJ [L fV (':: LI- z ::i 0 0 () . ...l 0 > <(':: . "'z 0 o: ~·§ >' ci ~ >!~::] Z\ c5o-i ~ C3 ~ N63°59'08"W (SE 44.80' S0°42'01"E Ci 2 • 50.00' SAVE AND EXCEPT #2 0.0512 ACRES 2,229 SQ. FT. OS BLOCK UTILITY AND FIRE LANE EASEMENT· 4.908 ACRES 213,798 SQ. FT. DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 0 (}) i 2 4- MATC~ LINE (SEE SHEET 18) 0:: u Q) QJ 0 r0~ co ~ Ol 0 ~~ 4- C0 co E~ 0 QJ - "' 0 » E (/) QJ - ::i c: N ~o r- 2(}) QJ - cu ~o c cu 0 u E 0 Qi ro .L: u QJ (}) E cu > cu QJ c 0 t[) • :3'260 EN ..0 ON u E (") c (/) . ('.) ~ 0 CJ 0... o..> [)._. ("). r cu E o._ cu m mu E QJ » 2': QJ ::i -"' u E (/) 'E Q) w 22 21 20 > 0:: :::i I (/) N39'17'27"E /. C41 C37 I N39'17'27"E 121.28' (") ro ~ ~~ -(") o ro E~ ru_ Ul 0 ,,, E (/) <1l - :J ~ m ~o ·- c 1:'. m 0 u 0 u ·;:: <1l "'E m <( 2 I cnO \N0'42'01"W 115.17' ! FORESTWOOD 1 TOWNHOUSE COMMUNITY VOL. 72079 PG. 2450 6 SAVE AND C42 EXCEPT #4 -......_:_-1.3900 ACRES_~.....--..~ 60,548 SQ. FT. 5 5 SAVE AND EXCEPT#3 1.9394 ACRES 84,482 SQ. FT. 29.161 ACRES DANIEL BROTHERS L LP INST. NO. 20070151400 w ~ or: ~ ~!J;! >< .r:: <1l t'. f- 0 ;;J ruz !:=; L ~~ _j :'il 5 5 ;'1; 00 uN <1l :!. O.S. FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY VOL 72079, PG. 2450 "'(]) m c .Q C38 0 EN I I I ~,F - _j 262.43' mu t: o _,u> (For SPRG use only) Reviewed By: DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 3455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 Date: SPRG NO: A·P-od~o')''''"?.. i..tli+llS _!~~------ 910 0 UTILITY AND FIRE LANE EASEMENT ABANDONMENT ADJACENT TO CITY BLOCKS 1/6382, 2/6382 AND 5/6382 THROUGH 11/6382 FIRST INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY AND SECOND INSTALLMENT FORESTWOOD TOWNHOUSE COMMUNITY HEIRS OF ISAIAH PARK SURVEY, ABSTRACT NO. 1144 S. LOCKHART SURVEY, ABSTRACT NO. 821 HEIRS OF AM. HARWOOD SURVEY, ABSTRACT NO. 581 CITY OF DALLAS COUNTY, TEXAS .Ot C. ~---·--~----------·---- 7) ! UTILITY AND FIRE LANE EASEMENT 4.908 213,798 SQ. FT. LOT 5 BLOCK A/6381 0 I I I 50 100 GRAPHIC O.S. C31 0 P. LD ~ I2 3 4 SAVE AND EXCEPT #7 1.3351 ACRES-LL+-.-~~--::;11 58,157 SQ. FT.~.l--~-r-~--fll 0 Uj ro nm ro -o E ID ID -"' ::i 0 ~c .E .E co (') ~N Q) ID tu ID .<::.<:: CfJ MAljCH LINE ID (J) ~-1- (For SPRG use only) DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TEXAS 75240 PH. 770-1300 SPRG NO: . K 11v• J 6211 cd ~ "O ...... ~ Abandonment = ' ' ' ' ' ' ' ' ' S Dedication = ORDINANCE NO. __________________ An ordinance amending Ordinance No. 30111, by altering Section 9 to extend the two year deadline for alley improvements; and alter Section 11 to provide for obligation of a new condition, adding a new Exhibit D; providing for consideration to be paid to the City of Dallas; providing for payment of the publication fee; providing a savings clause; and providing an effective date. oooOooo BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Ordinance No. 30111 adopted by the City Council of the City of Dallas on June 15, 2016, be and the same is hereby amended by altering Section 9 to extend the two year deadline for alley improvements; and alter Section 11 to provide for obligation of a new condition, adding a new Exhibit D to read as follows: SECTION 9. That as a condition of this abandonment and as part of the consideration for the quitclaim made herein, GRANTEE shall complete construction of alley right-of-way improvements within the dedication area, being Exhibit C-Tract 3, to be conveyed to the City of Dallas as described in Section 13 herein. GRANTEE shall complete alley right-of-way improvements prior to any barricading of the abandoned right-of-way pursuant to Section 17. All alley right-of-way construction shall comply with the City of Dallas street construction standards. Failure to complete alley right-of-way improvements within the dedication area, being Exhibit C-Tract 3, within two years 33 months of the effective date of this ordinance and prior to barricading or removal of the abandoned right-of-way in accordance with the terms of this section shall render this ordinance null and void and of no further effect. SECTION 11. That as a condition of the abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall: (a) Ensure the alley right-of-way improvements shall be constructed at a width of least 16 feet wide; GM/45906 1 SECTION 1. (continued) (b) Ensure height clearance of dedication area, being Exhibit C-Tract 3, meet a minimum of 15 feet in height, measured from the surface of pavement, to avoid obstruction of City of Dallas Sanitation vehicles.; (c) Maintain a landscaped buffer to include the installation of a minimum nineteen (19), four (4) inch caliper trees and a board on board eight-foot fence as described in the Fence and Landscape plan, being Exhibit D. GRANTEE shall comply with the Fence and Landscape Plan and said installation of improvements shall be acceptable to the Director of the Department of Sustainable Development and Construction and Chief Arborist. SECTION 2. That, as consideration for amending Ordinance No. 30111, The Episcopal School of Dallas, Inc. and WBL Family Investments, Inc. agree to pay monetary consideration in the sum of FIVE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($5,400.00) to the City of Dallas, and, by its tender thereof, accepts the terms and conditions of this ordinance. SECTION 3. That the Chief Financial Officer is hereby authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund, Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction-Real Estate Division shall be reimbursed for the cost of obtaining the legal description, appraisal and other administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund, Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund, Fund 0625, Department BMS, Unit 8888, Revenue Code 8416. SECTION 4. That the terms and conditions of Ordinance No. 30111 shall remain in full force and effect except as amended hereby. SECTION 5. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the official real property records of the county in which the abandonment area is located, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee. GM/45906 2 SECTION 5. (continued) Upon receipt of the monetary consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay and completion of the alley improvements set forth in Section 9, the Director of Department of Sustainable Development and Construction, or designee shall deliver to GRANTEE the certified copy of this ordinance. The Director of Department of Sustainable Development and Construction, or designee, shall be the sole source for receiving certified copies of this ordinance for one (1) year after its passage. SECTION 6. That this ordinance is also designated for City purposes as Contract No. DEV-2018-00006161. SECTION 7. 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: LARRY E. CASTO , City Attorney GM/45906 DAVID COSSUM, Director Department of Sustainable Development and Constructio 3 ~· !£>- h"!tL i:fs.. c 1- - -m J: >< w I', I I, II, ()stantec "'11..•:.:tt~ -•-.SKCDIO~ ... ,, ... _ -·--~­ ' T 11 L EPl~Ci..'P.AL S<.'110\.lL ../ DALLA>i PD400 ... -.r.t "'11. ,._..:."' <..., . . -·-..llECCIG-- I e LEGEND ~i cb it ~i PROPOSED 4~ TREE 20"TREEZONE TREE PRESERVATION X TREE REMOVAL t~Do-•~O. •• / " -- ' ' ' / . :II : - :i' I_ . jI I :Ir--·IJ i I· . .--'- : /: .· /': I'. /:r1-·, f·· : :·-:/' : / I ; I r-- : ~· rr· . -=1 : /l / t_ -~- -~- / . ""- I ) / h, '- ' · .:) , "' ......... ... - ; . ··- • =.· .' 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' - .I r-- · I .· .·I I ;--~ ! r-1-- -- r---- -0 r----;' ;' ·-.. .: :-· _-- - _ _jJL_f LJ , 7-,-. __ -..!,._,,..._/ / - .; ___ B' T;-<.__________ .1 ! !ill'; & I: --L.J -· ~1 . _,/II~ ' . Page 1of10 EXHIBIT C I .I :!'1 / ,' ,, . / ( -, 1G1f1tH l "'NI _. rt-.rf•~Ufll'I 1- - : l l ttn'MI • CCCM:t"1'"-MI IMltD•~t 11•1 WASTEWA'tER RE-RO'JTE CUANTIT't STUDY / ~ vi. ~~.;~ :t: ~-~~~ ~- Yihf ~h= -' Cl. :::> 0 l ~ C:: W W X a;: > fJJ 0 ~Cl:~ LU W ~ 5 ti; I- J: <( 0:: c Ul ;;;!~~ < ~~ 0:: w ~~ Cl fc o ii5 ~iii~ o::~n:Ul C Qo:Z: < -' n: :::!: ~~~ ..J ..J • ...... ....~·~ -- -1 >-1.,,, E ll'li 2 0 ....._,, . . . Ic- - - , .• ''-.. .........._......,_ - - - - - • • "tlNlluctc:1•1MWCNl!b - I WdHWMtfM M-"!Wt1NG U:Cf: NO J fllOMEMl : I I. ~--.-~--\- r \ _, =-- - ....__. -... · --- - - ' -.., .._/d /'.'<• /./ ; . . . . - . . . . . ·. \ ,•' / ·\.\'·"--.../ / J\T' c .- - - .·~ i __ ._ ___ .... _ .i -·-1I EXMALL - -......, LLPHASELl~E t.--- -~- I .- -.J• B ' ..-1··· N"1 ••• ,,.. •• • ""' I' •! 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EXH-12-02 lo•,;! ,Ifi 1 i !1 , j I 11 :, ,· l I : 1--~ m l I 0' I.I i .1 i ! .: I /TT"!-r1 1 TI ·r--- I . ----------~. -- -r:-::_J___! _J·:.L_f_j_RDj_J___LJ __ J_J--L' L: },: ;~ff~: ()) l u__________ - ·-1 0:::: 1: __ , . 1,, ---8 --:;--o'"r 'Ii'\ := ·r-~--,__<,_ -.-. ____ r- 7 ' ' -u:' --------~. · -~ . : ..,,~· ! I Page 2of10 ' I ' EXHIBIT C I I / I / ( . I , _J__ --._,,, ' BLOG ' . .. L,.-J , ! / /r r·-- _ I ) . // , I / . .. ~, I ,_ '-.... ./' / , i BLOG ---- . .r, / / ~ Al • ..I .. . .,,. . . .: ?11 .-:"'- ....,_ - , .. ' ' / A ./"J-.. J ~ . :!:=! .:i :.-·· ,, ~·"'M· ·· ,...,: .:·.c,,' '. . . ~~,,1/ l,I ,;/' ./ _; /',/ / '. / ------,f'?''.:., ' '- / . <::> /-,_ I I A L ' ' ( ../::.I-....." " ' < / I : I {-----!_, ;' 1- j ' ~ : ~w , i J -------..: --1 -! ' ~ / --• ...LJWm' ...,.n I .. l / -f _ I : : I 7 :'! 1,,IJ ·1· ---~! r; M ! / J~ i rrr-r __..J ~}LLL I : : T r-r- -! 1-I -., . __ .. __ LJ __ J I I ! ~· •f'" - .- I I I I -· .. 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Wa.'"f l lMll E t; JI S2 ·1 - >o ~~• QJ ,. ,r~ :r:: ~l~~i ~ 11.-. ~ r],: i c . 0 \J..I 11 \ v '1----1 ./tg -·----8.: r. ;n--~ST-.o' t5l"' Page 4of10 EXHIBIT C I I I /' . , "· ·, / , /'" "" '·-~ ' •, ~ ,' .' / I I • cs I '$ / ; llJIG ..,..,! • I aDCI i¥ ·1 ILOQ ,[;i' ·1 ' . i j '- BLDG -· - / ,, " - ••• I .: .j .I -::-·- - , )~ .. • '. • -· •• ··\ .• t:._ EX MALL ---·· ......___ .......... ~ ,!'_a IUd .......... ' , • I · .......... .......... .......,..... ~ .......... 1 . I -- -- ..... .____:::r:::..... • - •• -- -~ - "''-- I I .I I / / . • I ' I 1---,I I' ·.--·, I v -- , --,_,- ·\. ./ _... / , , ---- j / ! . . l.-·--r / ---;. i. /' ® / - - - - - - "'°'°"D -.-1r1tl"'11 l'Wr&l l Ht WUf,M ttf:. MCJUT•UlllQfNll / '"""".... HOTE· 11-U.t..Ml ··"" ~n h)Ull-11.llC,0.T ,.,..,,... "01-'"""'QQllt MfCaMfft!Af9l,llljlf'QI •tt•t•s ICDICl'*"'MD.lo.fDlltOtt•1 lllfDMllUIW.' I "" '' .. I ~ -.A\lllCIWml'CI I"""°' tCXMh WAf[AaC.MaJIE ~lll't' 5UJO'i' - - - - - lllltt"'°~HlnJ••MOltt'O - ,/ _;/ /, - 7 '"'--., • .... , /' ,....ti'~ ., ../ ..... .... - .._ ~ /, -... • ............ IT j ~ CONCEPT~PE!ll OMNIPl.AN 2017-11-16 ARE HOT FAOll AN ON·TliE-GAOUNO SUAV£Y ANO ARE SHOWN FOil OESIGN INTENT OHLY ,/ --. ""-. ~ .;;f:t"""; ~ :6t: EXISTING UTllmEs SHOWN ,,,,.- l. i. i i i i _, ~ - ::-./ L" .' / --·---·-·::::..;_. __., --·,, .. 1- --L__ •,-:,'.· --- - - .. ---...... . . . . . ._ ;..;· ~·-··-·- . 1 f -- - -·-·-· · "I II I ', I ~, ' ·, , _ ____ .J1(____ ._. ____ _Lj II_ ., __..-·--· .......... ' ·' ' - - •··-::....·-·· ,, ...... · ~ - -- .~ ' ·, , PHASE 1 B ~ "T -- r-.,--=-=11 ' - ,-· ; .B B ; i !i .,, !~ . ..... -··--·-- ..- \ -~.. :;~' I ~-. ; I 'B 8 ' . . . . ··' , • L-- ·-·--·:--. ,. _I 1-1 " l :_i_,_ .. !·-·;..---:-:~="'- t:.... --·--- PHASE 1A '····· :iii-·- ·-- . ··- , '-.. . /,/:0 :· ' -/ ',. u - .- BLDG ; • ---~-__:__ • _ ___ · · .JJiJ\ .Jl _ g':: T tt--·- . r-··r---y ' -. . . . . ' ,.g·· .-.·:.:------~- - ')~ , ·x·.J - --···· ., ., '\ ........ 'It>ob ""~~~, ~ " "" .' x' / ·-. . . /I "·-,.,. . ..., ·,( .. / l' . 1. , / I , .' r-. _ - -·---.L_J_ __ --ed_L_)eL.lTwk..)~--U __ J__j / ..___, c: . ;i;a a. ::i .... 0 ..... ' :s CD U) .... ~ EXH.12-05 ww xa: a: (/) 0 1-::::>> ~ C>wl- ::::> D.. w i=~a: 0 a:~ Lil ..I ~;;:; ::::i a:: w c iii i~ a: 'tl5:::;; ceoffi a: :E !~ ~ c( ...J ...J - ....., ..i.r E ,f }I S2 •! > ~hH Q) f;!~1 !vgt-1 ~ ~ ~&i!1- ! ..,... ;:~.!~ 0 ii I rv L..L. -0 OJ co _,- 111,11L...~~---~~~---~~~-~~~~~~~~~~~---~~~~~~-~~~~~~~~~~~~~~-~~~~--~~~~~~~~~~~~~~~~~---~~~---~~~~~~....L.;;;.;.;..;....;..;;;....;;,;.. ,,i;ll I ···l fi!!;! 1111 i h~ i' Ii I / > -~~ • t' · .... ~ ....../ / / .·:! "' ~ -.,, . --·--; '· ~ ""'"' ---- / . /. , o/. L. -,___ ~----~~ '., ·- --- / Pageso1fo ·-; EXHIBIT c: r--·, ----. . / /~ ,, /' / • , _,,/· • ' ·' .f ; ·, I , • ,,' / ''ob " " "- ~ ./.· ' PHASE LINE •,,1 BLDG '-. I ./ ~ '~~'t ' ., /' . / ,/, , ' '/ V' / ,/>/,'/' ,' ' > ', I ' · - - - ..... _ _ BLDG - '----; f IUXI 1 ----L.__J_ I J J . ~d 1 ' I ~ • ' F\ -- '.u-- ...a..st......:t - ., i::-r-Y! "\_·:i' .. \ / ...:- / / 1-·- ·.. '. /' /' \ ,,.,.:- ,/ ..... ,/ ,/ ., - "'°"°"a """'""1f11tl11C WUJ F'NAfER RUOJl(QUAHllfY SlWT liltD~wtt 1 •11t1•l•#t tOtM """"1lWtolt• COit ANO AR£ SHOWN FOR DESIGN !ITT£NT ONlY ..,... tn~ 2017-11-16 CONCEPT PlAH PER OMN!PlAH ~·--"' n.nt MI t01 ... DIWC:C.l wa.t.1t•lllll l NI f'tlA t•IH• l r If _.l'l.Mft•lllW9Q.tl tc:oc.t il't f'\Ml».rfD ..IJ11• 1 wt.al(Nt." llCNitftlllCI C#'MO• tO'llU I er:: . . -0 (]) - ;~rt ~ ~ ..J 0 :;! a: - al 1- EXH-12-06 0:: ~w -o::> ;::) (/) Z1-1- -t; 0:;; c.:>ww 5 iE ~ < ~~o:: -Cl)w ~ a:~ LIJ..J o ~CD Cl. :::! 0:: w 0 al ~o 0:: ~!!: :::! osoffi ~15:::: :l < ""_,, ....... E '~if & S2 ~i - Yi!'" > (v!H Q) i•!! ~ - 0 ;=~ ?; :c 1·~~ ; ~ . ~:: • i.... ~ J. r::: • / i--- ~ ,/' - - - - - fl•tl!IQU ,,. fD.MM'MO - _ ._.. ,~ Ywt.1 1t~ 1't llllC.-;Jl.l twa'- l~pn rr• iS~t t Q) I CD EX-12-07 a: W W i= ::> (/) (/) 0 X c;: ~wo Zt-1- ~er 5:c:: ~ ~Lil "'Q. ~~ -='< (/) a: w 0 Ill 1d~ffi -!-::i: oo o---=~ ::~se> ::I _.8 <( ... a:: Q. ........11-11 ·; J --~- r ~ .E if ft - :c: m~r ~ n:; ~ c:: • 0 ~ \ er. • . ..., -...._.., IUl1Nl)tllC to• lllUO't'll> . ..... lM - - - - ~OlflJllllU~ Sl'Oll:i.11 •t·•OUT-.Q lfOl:lllD ,/ - .•·- --- -·:- . -, . ~ . · .. ~ ....... __ '---.! -<:... ~.J ' ~-·. /"" --- ·-~~./. as I -- . -..,-; f/··~t' T (·· ...... ~, ".L ~- -~- ~_J~ __ jfL-l-dzwoJ~-1 1 ,n ---·-- / · _ Page101:fo-··7} /LJ 8'. T;~:.~- r----~~. . , , / I .r~ El l 8 L .. _ YI><. .r--~1 ··11 u::.. ,~··;· Ii·!:! .·•· 1111 ! ;i I I I ' 1- -- / / ·. I . / , ..... / / , . . . . _/ /', ,• , · ~ "/.. I . / '- '~~,,,,,,"b "-, ,' / -l> '- ....._ J . _./ ' / -• l - -- ' ." ' , I .. i • ' •• " .. ..,.. 1 ---- ---- ------- . · - . ... . . r- - . I JI EX MALL ····-·--· t l -- _,. ,,,... .. / " i-- I I --ii , .,,,,,... -· __.• ..r-..... •• 0' I I .../ ' , . 'ii\_ :,g.. I I --,I I '.. ·' ..;.,,.., .. , .............. /: I .·' / ,· .r- j.· ® . /, ,/· ~~ ~ I - - """"Dlll"l'"'U"• tolt hlC1.C.COMJl.ll "' •• trorr I / , CONCEPT PLAN PER 01.lNIPLAN 2017- 11-16 ecoc:r""-""' DAlf DJO•' t t " I MUl11t.ln~ni c1 I ~ lViM ll QuN-t RTY SlUOY utlltY tO•W UOlll'I D UAIL. . . . . """111: A-. I ·OJ L >- 11H~ E =;~JI ;Jrt! Q) ' JE• Q. ::;) _, O 00 f m11. CD t- ::::> w i= EX-12·08 a:: ww xa;:o i= ::::> >(/) 0 a:: z (!) ::> 0.. ::i -~M1111U 1 •1 ftt •• ·­ OMY UlllllT - --. ... '• I - ,/ DR•_u f .. IJ_!_Mt-MCIUl ..a tEOlNO _/Q'f.'\., NOTE EXISTING UTILITIES SHOWN ARE NOT FROM AN OH-THf.CROUNO SURVEY ANO ARE SHOWN FOR DESIGN INTENT ONLY ./ ,. / I -.. .... -.....J / / '·'\.., ~~ j/ !I ! I ~ l! ,:_,_,,, ____ • -·-··-1i .. . \ ~·' • / . ' · - ·· i:- 1-:.."l·.='·' ......, .. I ' j'--./',... •····••etc•••,,., ... , . "··-=r-~- I • ... ~I """t r : -~,' \' --..., <: • , ' '·-=r- - 7 - ·~ ~· •r'b• •-•- r ·-· • L : t-•........ ' i __.,,,,,,,.,.-"' ~-~-' h--1,-,=-·--.:I l . '· ; r ·- ":" I I I .. •. n ·, \"· ~"" · •"'" .~ ! ..I L~ ~ - ' u;; ,.,..•.,......,, ...;; , .. kllO • I J. · •. -· . . :1I I ILCIQ ....,.., STMllllCl" ·.'./ · ." ·. ,/ ..... 'j / ...,, ·. ·v• ..' / -<. . / ···. I /."--,.._ 1¥1(,E~oy''. ... .._~ 'B ---- . I ., -p// ·· ····· ,. . L.. - .-~~ ./I/ ./ - ' / EXHIBIT C/ f ,_ F--_ , Page 8 of 10 ----/ .... .r---,:l · d--- ~----- ...,.. ~. ~ ~ / / /'-.... < / -0 Pl cc < ~ m ::::; 0 .' ·:t, !)I' I \ \ \ \ I \ \ \ \ '\ RED BIRD MALL PAVING PHASING PLAN J'llll~DfOR RED BIRD MALL DEVELOPMENT GROUP Kimley ·»Horn -·.. . ~ I r~ ~~;;..-.~ ·-- ----· , , , 1 1' 1 r j; ' I ' ' I ii ,., ' v' < / '' / -a !1 . • I fr'r m 0 ~! I .I I Ill >< .J _ I . r ._/ _3 -1 • ,-, A __;v _J _A_~ _ __,_7_ _--. ._ , _ 0-"IJ _ __ 7 /!-~ _,("'-.L by (print name of owner) _J_o_se_p_h_G_._B_e_a_rd_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ....~~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1!!!!1!!!!!!!!!!!11 f f .. '''""' l ~*(''*~·~·r~ )•j ·q,~.I."~~· 1tl/ii'''' 1 RHONDABAIRD MY COMMISSION EXPIRES February 17 2019 J Notary Stamp Here ................................................................. Notary Signature Historic Tax Exemption Program 4813-6190-3704v.1 Step 1 - Application for a Certificate of Eligibility (partial work completed) Page 11of10 Commercial Account Details Page 1of4 Home I Find Property I Contact Us Commercial Account #00000106189200400 Location Owner Legal Desc Value Improvements Land Exemptions Estimated Taxes Building Footprint History Location (Current 2018) Address: 2557 ELM ST Market Area : 0 Mapsco: 45-M (DALLAS) DCAD Property Map View Photo 2017 Appraisal Notice Electronic Documents (ENS) Print Homestead Exemption Form Owner (Current 2018) EPIC DALLAS HOTEL LP 3100 MONTICELLO AVE 600 DALLAS, TEXAS 752053439 Multi-Owner Cur rent 2018 Owner Name EPIC DALLAS HOTEL LP ownershi 100% 010 Legal Desc (Current 2018) 1: 2: 3: 4: GOODS BU< 280 PT LTS 11-13 ACS 0.9035 CALC INT201700027379 DD01012017 CO-DC 5: 0280 000 00104 1DA0280 000 Deed Transfer Dllte: 1/30/2017 Value 2017 Certified Values Improvement: $148,040 + !t1 1 sin sinn Land: Market Value: =$1 328,840 Tax Aaent: ANDREWS K E &. co Revaluation Year: 2017 Previous Revaluation Year: 2016 Improvements (Current 2018 ) [~]UDesc: l n OFFICE BUILDING llTotal Area: 43,929 sgft Construction B-REINFORCED Construction: CONCRETE FRAME BEAM (8,786 Found a ti o n (Area )•CONCRETE "sqft) II llYear Built: 1920 Depreciation Physical: Functional: + Appraisal Method INCOME 80% 0% External;+~ Total:= 80% htto://www.dallascad.ore/AcctDetailCom.asox?ID=OOOOO 106189200400 'I 12/15/2017 Commercial Account Details Page2 of4 Net Lease Area: 60,249 sqft #Stories: 5 #Units: 1 Basement (Area): UNASSlGNED Heat: CENTRAL HEAT MC: CENTRAL A/C # llDesc: OFFICE BUILDING Quality: 'LOW COST Condition: POOR ll!otal Area: 16,320 sgft Consb'uction B•REINFORCED Construction: CONCRETE FRAME Foundation (Area): ~fRETE SLAB (B,lGO I 2 Net Lease Area : 0 sqft #Stories: 2 #Unit$: 1 Basement (Area): UNASSIGNED ll!ear Built: 1912 11 Depreciation Appraisal Method Physical: 80% Functional: + 0% External:+ _Q.?& Total:= 80% Quality: LOW COST Condition: POOR INCOME Heat: UNASSIGNED A/C: UNASSIGNED htto:/lwww.dallascad.ore/AcctDetailCom.asox?ID=OOOOOl 06189200400 12/15/2017 Commercial Account Details Page 3of4 Land (2017 Certified Values Frontage Depth # State Code Zoning 1 COMMERCIAL IMPROVEMENTS CENTRAL AREA DISTRICT 1 (ft') (ft') 0 0 Pricing Method Area Unit Price Market Adiustment Adjusted Price Ag Land 0% $1,180,800 N 39,360.0000 STANDARD $30.00 SQUARE FEET • All Exemption Information reflects 2017 Certified Values. • Exemptions (2017 Certified Values) No Exemptions Estimated Taxes (2017 Certified Values) I Taxing Jurisdiction I Tax Rate per !100 City School DALLAS DALLAS ISO $0.7804 I II $1.28208511 Taxable Value 1!1 1328 184011!1 1328184011 Estimated Taxes Tax Ceiling 11$10,370.2711$17,036.861 II II I County and School Equalization DALLAS COUNTY $0.2531 I College I I: COMMUNITY DALLAS co :II COLLEGE I Hospital PARKLAND HOSPITAL I I Special District UNASSIGNED $0.124238 $0.2794 N/A I I I !1,328,840 II !1,328,840 !1,328,840 !0 I $3,363.29 I $1,650.92 $3,712.78 N/A I II I NlA Total Estimated Taxes:ll NlA I $36i134.121 DO NOT PAY TAXES BASED ON THESE ESTIMATED TAXES. You will receive an official tax bill from the appropriate agency when they are prepared. Please note that if there Is an Over65 or Disabled Person Ceiling displayed above, It Is NOT reflected in the Total Estimated Taxes calculation provided. Taxes are collected by the agency sending you the official tax bill. To see a listing of agencies that collect taxes for your property. Click Here rax The estimated taxes are provided as a courtesy and should not be relied upon in making financial or other decisions. The Dallas Central Appraisal District (DCAD) does not control the tax rate nor the amount of the taxes, as that Is the responsibility of each Taxing Jurisdiction. Questions about your taxes should be directed to the appropriate taxing jurisdiction. We cannot assist you In these matters. These tax estimates are calculated by using the most current certified taxable value multiplied by the most current tax rate. It does not take into account other special or unique tax scenarios, like a tax celling, etc.. If you wish t.o calculate taxes yourself, you may use the TaxEstimetor to assist you. htto://www.dallascad.or!ZIAcctDetailCom.asox?ID=OOOOO 106189200400 12115/2017 Commercial Account Details Page 4of4 591 34 Lsl 130 MAIN 87 -~J 9 0-36- More Footprints History History © 2017 Dallas Central Appraisal District. All Rights Reserved. htto://www.dallascad.org/AcctDetailCom.asox?ID=OOOOO 106189200400 12/15/2017 KNIGHTS OF PYTHIAS BUILDING SOUTH FACADE PHOTO TAKEN 8/16/2017 KNIGHTS OF PYTHIAS BUILDING SOUTH AND EAST FACADES VIEW LOOKING NORTHWEST FROM ELM STREET PHOTO TAKEN. 8/16/2017 crane is present to set temporary support for masonry restoration and repair work - . ?Ti? ?3:731; a Mir-m A 454:. ll: is"; KNIGHTS OF PYTHIAS BUILNG EAST FACADE PHOTO TAKEN 8/16/2017 If? . . Lava, uram KNIGHTS OF PYTHIAS BUILDING NORTH FACADE PHOTO TAKEN 8/16/2017 I: crane is present to set temporary support for masonry restoration and repair work PHOTO TAKEN 8/1 612017 02 Certificate of Appropriateness (CA) City of Dallas Landmark Commission CA ko '1 · Ci/'4 l L( J Office Use Only -=------------ Name of Applicant: _Rees Bowen._ _ Malllng Address : _3100 Monticello, STE. 100._ _ _ _ _ _ _ _ __ CHy, State and Zip Code: _Dallas, Texas 75205_ _ _ _ _ _ _ _ __ Daytime Phone: _214-515-7080 Fax:--------Relationship of Applicant to Owner: _Director (Employee/Representative)_ Bulldlng Inspection: Please see signed drawings before Issuing permit: Yes_ No_ PROPERTY ADDRESS: _2551 ELM STREET (KNIGHTS OF PYTHIAS BLDG) Historic District: DEEP ELLUM _ _ _ _ _ _ _ _ _ __ Planner's Initials PROPOSED WORK: (REPAIR/MAINTENANCE/IMPROVEMENTS) Please describe your proposed work simply and accurately. Attach extra sheets and supplemental material as requested in the submittal criteria checkllst. _X_1. Paint removal and cleaning of existing exterior masonry as suggested within De1 t of Interior Rehabilitation Standards and Accepted Guidelines. _X_2. Repair, re-tuck and point masonry in deteriorated condition.Profiles to match __existing mortor. Existing brick to be cleaned & re-used where removal is required. Signature of Applicant: ~~ RECEIVED BY Date: _06/14/2017_ _ _ _........~ Jo JUN 2017 R;z; Bowen, Weatdale Properties Signature of OWner: - - - -(IF-------- Date:----------NOT APPLICANT) Current Planr ing APPLICATION DEA DLINE: Application material must be completed and submitted by the flR8T THURSDAY OF UCH MONJtt. 12;QO 1JQm! (aee offlclal calendar for exception•), before the Dallas Landmark Comml881on can consider the approval of any change affecting the exterior of any building. This fonn along with any supporting documentation must be flied with a Preservation Planner at City Hall, 1500 Marilla 5BN, Dallas, Texas, 75201. Yoy may allo fax thle form to 214/67M210. DO NOT FAX PAINT SAMPLES OR PHOTOGRAPHS. Please UH the enclosed criteria checkllat as a guide to completing the appllcatlon. Incomplete applications cannot be reviewed and wiD be returned to you for more information. You are encouraged to contact a Preservation Planner at 2141670-4538 to make sure your application Is complete. OTHER: In the event of a denial, you have the right to an appeal within 30 days after the Landmark Commission's decision. You are encouraged to attend the Landmark Commission hearing the first Monday of each month at 1:00 pm in Council Chambers of City Hell (see exceptions). Information regarding the history of past certificates of appropriateness for individual addresses Is available for review in 5BN of City HaR. Please review the enclosed Review and Action Form Mem_?dum to the Building Offlclal, a Certificate of Approprleteneas has been: a(" APPROVED. Please release the building permit. 0 APPROVED WITH CONDITIONS. Please release the building pennit in accordance with any conditions. 0 DENIED. Please !12..om release the building permit or allow work. 0 DENIED THO PREJUDICE. Please !12J:!2t release the building permit or allow work. Suatalnab Construction and Development Certificate of Approprlatenese City of Dalla 4!~/11 Date Historic Preservlltlon Rev.111408 COUNCIL CHAMBER June 13, 2018 WHEREAS, Article XI of the Dallas Development Code establishes historic preservation tax exemptions and economic development incentives for historic properties to encourage the revitalization and restoration of the city’s historic structures; and WHEREAS, Dallas Development Code Section 51A-11.201(e) requires that the City Council review and approve by resolution any portion of the application for a historic preservation tax exemption over $50,000; and WHEREAS, the property located at 2557 Elm Street, Dallas Central Appraisal District account number 00000106189200400, is a contributing structure that retains its essential architectural integrity of design and whose architectural style is typical of or integral to the Knights of Pythias building; and WHEREAS, on April 11, 2018, City Council approved the expansion of the boundary of the historic district to include a hotel addition and amendments to the preservation criteria; and WHEREAS, the Landmark Commission and City Council approve that the tax abatement extend to the hotel addition to encourage preservation of the contributing structure; and WHEREAS, the property is eligible for a city tax exemption based upon rehabilitation of a historic property for a 10-year period on 100 percent of the structure and land value, which will total an estimated $1,903,414; and WHEREAS, on March 5, 2018, the Landmark Commission determined that the property is eligible for a city tax exemption; and WHEREAS, the rehabilitation project must be completed within three years after the Landmark Commission made its determination of eligibility; and WHEREAS, the property owner has complied with all of the requirements for the city tax exemption, including submitting proof that property taxes and any city fees, fines, or penalties are not delinquent on the properties; and WHEREAS, the City Council finds that it is in the public interest to preserve this historic building. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: COUNCIL CHAMBER June 13, 2018 SECTION 1. That the application for a historic preservation tax exemption over $50,000 is approved on 100 percent of the structure and land value of the historic property for a 10-year period for the city portion of the taxes. SECTION 2. That the rehabilitation project must be completed by March 5, 2021. SECTION 3. That to receive the tax exemption, the owner must submit a final application to the Director of the Department of Sustainable Development and Construction that complies with Dallas Development Code Section 51A-11.201 proving that the rehabilitation requirements have been met and must thereafter make annual application to the appraisal district for the duration of the tax exemption. SECTION 4. That if any portion of the historic structure is totally or partially demolished or significantly altered by the willful act or negligence of the owner or his representative in violation of the historic district preservation criteria, this tax exemption will terminate and the owner shall immediately repay to the City of Dallas all city property taxes foregone. SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: LARRY E. CASTO, City Attorney BY: ________________________________ Assistant City Attorney Passed ______________________________ AGENDA ITEM # 53 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 14 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 45 L SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1957 for an attached projecting non-premise district activity videoboard sign on property zoned Planned Development District No. 619 in an area bound by Pacific Avenue, St. Paul Street, Elm Street and South Ervay Street Recommendation of Staff and CPC: Approval for a ten-year period, subject to conditions Z178-123(PD) HONROABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z178-123(PD) DATE FILED: November 2, 2017 LOCATION: Area bound by Pacific Avenue, St. Paul Street, Elm Street, and South Ervay Street COUNCIL DISTRICT: 14 MAPSCO: 45 L SIZE OF REQUEST: ±2.118 acres CENSUS TRACT: 31.01 REPRESENTATIVE: Santos Martinez, Masterplan Consultants APPLICANT: Outfront Media OWNER: Olymbec USA LLC REQUEST: An application for the renewal of Specific Use Permit No. 1957 for an attached projecting non-premise district activity videoboard sign on property zoned Planned Development District No. 619. SUMMARY: The applicant proposes to allow an existing 149-square-foot attached projecting non-premise district activity videoboard sign to remain on a building within the Downtown Special Provision Sign District. CPC RECOMMENDATION: Approval for a ten-year period, subject to conditions. STAFF RECOMMENDATION: Approval for a ten-year period, subject to conditions. 1 Z178-123(PD) BACKGROUND INFORMATION:  The request site is currently developed with an office building.  The request was originally approved by City Council on April 25, 2012 for a sixyear period.  The properties in the surrounding area are developed with office, retail, parking uses and vacant buildings.  The applicant is proposing to allow the 149-square-foot (16.1’x9.3’) videoboard sign, which is installed 20 feet above the sidewalk, to remain.  Ordinance No. 27481, adopted by City Council on February 11, 2009, allowed for non-premise district activity videoboard signs in the Downtown Special Provision Sign District. In this ordinance, there was a limit of five videoboard signs.  Ordinance No. 28347 was adopted by City Council on August 24, 2011. One of the amendments in this ordinance was to increase the number of videoboard signs in the Downtown SPSD to a total of 15 and expand the area in which the videoboard signs are allowed.  Currently, 13 non-premise district activity videoboard signs have been approved in the Downtown Special Provision Sign District. Zoning History: There have been five recent zoning cases within the past five years. 1. Z167-351 On March 28, 2018, the City Council approved Tract C withinHistoric Overlay District No. 48 to allow additional signage. 2. Z156-209 On May 25, 2017, the City Council approved Specific UsePermit No. 2029 for an alcoholic beverage establishment limited to a bar, lounge, or tavern and commercial amusement (inside) limited to a dance hall. 3. Z145-334 On December 16, 2015, the City Council approved SpecificUse Permit No. 2165 for a vehicle, display, sales, and service. 4. Z123-200 On April 24, 2013, the City Council approved Specific Use Permit No. 2025 for a personal service use limited to a spa. 5. Z123-224 On August 14, 2013, the City Council approved Specific Use Permit No. 1796 for an attached projecting non-premise district activity videoboard signs. 2 Z178-123(PD) Thoroughfares/Streets: Thoroughfare/Street Type Existing ROW Pacific Avenue Minor Arterial Variable Width Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and has determined that the proposed development will not have a negative impact on the surrounding street system. Surrounding Land Uses: Site North South East West Zoning PDD No 619 CA-1(A), H/117 PDD No. 619 H/48 PDD No. 619, SUP No. 793 Land Use Office Comerica Bank Tower Office Office Office & Retail STAFF ANALYSIS: Comprehensive Plan: The subject site is identified as being within the Downtown Area on the forwardDallas! Vision Illustration, adopted June 2006. The Downtown is a centrally located hub that provides high intensity, concentrated regional job and commercial activity supported by high-density housing. LAND USE ELEMENT GOAL 1.1 ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES Policy 1.1.3 Build a dynamic and expanded Downtown. GOAL 2.3 BUILD A DYNAMIC AND EXPANDED DOWNTOWN Policy 2.3.3 Work with property owners and stakeholders to preserve and enhance the image of Downtown Dallas. 3 Z178-123(PD) GOAL 5.1 PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY  Policy 5.1.4 Enhance visual enjoyment of public space. GOAL 5.2 STRENGTHEN COMMUNITY AND NEIGHBORHOOD IDENTITY  Policy 5.2.2 Promote the character of the city’s significant districts, linkages and areas. Land Use Compatibility: The 2.118-acre request site is zoned Planned Development District No. 619 and is developed with an office building. The applicant requests the renewal of Specific Use Permit No. 1957 to allow an existing 149-square-foot attached projecting non-premise district activity videoboard sign to remain on a building within the Downtown Special Provision Sign District. The request site is surrounded by office uses to the south and east, office and retail uses to the west, and a financial institution without drive-in window use to the north. 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. Section 51A-7.909(g) pertains to the occupancy of buildings upon which videoboards may be attached. Videoboard signs are “only permitted on buildings with retail and personal service uses, lodging use, or office uses occupying at least 75 percent of the leasable ground floor area and an overall building occupancy of at least 50 percent. The director shall notify City Council of any building that falls below the occupancy requirements and fails to reestablish the occupancy requirement within 120 days. The director may waive the occupancy requirements of this subsection for up to one year if the director determines that the building or multi-building complex is currently being redeveloped. The director may revoke this waiver if redevelopment stops or is inactive for 90 days or more.” 4 Z178-123(PD) The applicant submitted an affidavit indicating the ground floor meets the occupancy requirements. The applicant’s request, subject a site plan and conditions, complies with the general provisions for consideration of the SUP renewal. Development Standards: A maximum of 15 non-premise district activity videoboard signs are permitted and may only be erected on buildings with frontage on streets within the Retail Subdistrict bounded by Jackson Street, Lamar Street, Pacific Avenue, and Cesar Chavez Boulevard. Non-premise district activity videoboard signs may not be placed on Pacific Avenue between Akard Street and Ervay Street. Non-premise district activity videoboard signs may not be placed on building facades facing Main Street Garden or Belo Garden. A maximum of one non-premise district activity videoboard sign is permitted per block face. Non-premise district activity videoboard signs must have a minimum of 100 square feet in effective area and may have maximum of 150 square feet in effective area. Non-premise district activity videoboard signs are only permitted by SUP Projecting non-premise activity videoboard signs  must have a vertical orientation with height exceeding the width at a minimum of 16:9 width-to-height ratio;  may project a maximum of 12 feet into the right-of-way;  must have a minimum clearance of 15 feet above the sidewalk and a maximum clearance of 35 feet above the sidewalk.  must have video displays on both sides of the sign. All videoboard signs:  must contain a default mechanism that freezes the image in one position in case of malfunction  must automatically adjust the sign brightness based on natural ambient light conditions in compliance with the following formula: o the ambient light level measure in luxes, divided by 256 and then rounded down to the nearest whole number, equals the dimming level; then o the dimming level, multiplied by .0039 equal the brightness level; then o the brightness level, multiplied by the maximum brightness of the specific sign measured in nits, equals the allowed brightness, measured in nits.  must be turned off between 1:00a.m. and 7:00 a.m. Monday through Friday and 2:00 a.m. and 8:00 a.m. on Saturday and Sunday; and 5 Z178-123(PD)  may not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver, or constitute a nuisance. Non-premise district activity videoboard signs:  must have a full color display able to display a minimum of 281 trillion color shades; and  must be able to display a high-quality image with a minimum resolution equivalent to 19mm maximum pixel size. Changes of message must comply with the following:  Each message must be displayed for a minimum of eight seconds  Changes of message must be accomplished within two seconds  Changes of message must occur simultaneously on the entire sign face  No flashing, dimming, or brightening of message is permitted except to accommodate changes of message 6 LIST OF OFFICERS Philip Lassman, Asset Manager Z178-123(PD) CPC ACTION: May 3, 2018 Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1957 for an attached projecting non-premise district activity videoboard sign for a ten-year period, subject to conditions on property zoned Planned Development District No. 619, in an area bound by Pacific Avenue, St. Paul Street, Elm Street and South Ervay Street. Maker: Shidid Second: Murphy Result: Carried: 12 to 0 For: 12 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Peadon, Murphy, Tarpley Against: Absent: Vacancy: Notices: Replies: Speakers: Area: For: 0 2 - Schultz, Ridley 1 - District 8 300 0 Mailed: 24 Against: 0 None 8 Z178-123(PD) CPC RECOMMENDED CONDITIONS 1. USE: The only use authorized by this specific use permit is a projecting nonpremise district activity videoboard sign. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan and elevation. 3. TIME LIMIT: This specific use permit expires on April 25, 2018 (ten-years from the passage of this ordinance). 4. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 5. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas. 9 l?ll?VVI\ lull-I'll A I PACIFIC AVENUE PUBLIC ROW REQUESTAREA - - - - - - - - CURB PROPOSED SIGN AT PROPERTY LINE 2? FROM BUILDING FACADE ON PROPERTY LINE I 1 1/75 1700 PACIFIC A VENUE BLOCK BLOCK: MOEI .09 M03 .09 BUILDING FACADE ON PROPERTY LINE 1 I CURB - . . A . r- ELM STREET 80' PUBLIC ROW . NORTH Proposed Site Plan 11 Sher. VIDEO DISPLAY 953' A FRAME BULL NOSE scans Flam-d Cam 030M. . '11 Mimi: 21th Inga-film {It} 91:1 Qt'l?al?it 11W .. I Iwmmuul It I [in I {min I it? hilt {nil 1:11;] .6152 EITHER . .53 .4q 15 11 to- Proposed Elevation QvoQ 49% Celebration 0 629% Sun Jueinitn Plum qb 0? 139' John Carpenter Plaza 7.3 013% (o Pacrtic Plaza at '7 ,0 (o gAkard 4? 23 U't Q, James Aston A 9 (39 {9 Energy Pin/a AVE Majestic 'l'lieatre lilm at Pearl 96} PRC 2 4, 3 Place Mil? Main Street (iarden 9four-way Place Mall 4-3 ['cgasus [11am COMMERCE 5? 5? a? ?9373 3:1 'Fn ?94 Rein (inrtlen I-uunders Square (457 Marillu. !\kilrd.YUlmg lriangle ?5 Ag 3% 1 0g; 974+ 57A, 70 4% MILLA 70 (F a 9' Pioneer Cemeterv f3 4? 7" n9 VICINITY MAP cum 2178-123 1 6 000 Day 4/5/2018 - 12 . . ?4 Case no: 2178-123 AERIAL MAP 45,2018 13 PI) 6 I 9 (Subdislricl B) SUP 2009 2008 L?sa?v? Dela) If crlu) -- II. I46 (Suhdislricl A) 11129 1 L8 ?63? N64 In 2165 Ils-Ih' ZONING HISTORY Case no: Date: 2178-123 415/2018 14 s? . [3:9 43%? St? 2165 6? ?00 (39? 054049 390Of?ce 5% 1937 (Suhdislr cl (Sulxlislrict A) B) r. MN 6? "x ?.129 $1 . 39- sup ?1 SUP 2023 ?5 1796 J.) I. - a come H146 )5 ?63? {a sup 81'? r? 2009 2mm 35 Of?ce sup Retall . 793 I. ll 28 Of?ce . EL Dela) crlu} PI) ZONING AND LAND USE Case no: Date: 2178-123 15 CPC Responses GUINERCE Property Owners Notified (35 parcels) 0 Replies in Favor (0 parcels) 2178-123 w+e 0 Replies in Opposition (0 parcels) ac Area of Notification 1 2 400 5/3/2018 Date - 16 Z178-123(PD) 05/01/2018 Reply List of Property Owners Z178-123 24 Property Owners Notified 0 Property Owners in Favor Reply Label # Address 0 Property Owners Opposed Owner 1 1916 ELM ST OLYMBEC USA LLC 2 200 S ST PAUL ST OLYMBEC USA LLC 3 211 N ERVAY ST ALTERRA 211 NORTH ERVAY LLC 4 1623 MAIN ST FC WP BUILDING LLC 5 1910 PACIFIC AVE 1910 PACIFIC LP 6 1910 PACIFIC AVE OLYMBEC USA LLC 7 1717 MAIN ST 1717 TOWER OWNER LP 8 1900 ELM ST UNIVERSITY OF NORTH TEXAS SYSTEM 9 1915 MAIN ST F A SCHLUTER 1818 1882 FOUNDATION 10 1915 MAIN ST UNIVERSITY OF NORTH TEXAS SYSTEM 11 1911 MAIN ST UNIVERSITY OF NORTH TEXAS SYSTEM 12 1911 MAIN ST DALLAS COUNTY COMMUNITY 13 1928 ELM ST UNT CENTER AT DALLAS 14 1921 MAIN ST UNIVERSITY OF NORTH TEXAS SYSTEM 15 1921 MAIN ST DALLAS COUNTY COMMUNITY 16 1908 ELM ST JARVIS BARNEY W JR TR & 17 1627 PACIFIC AVE THANKSGIVING SQUARE FDN 18 325 N ST PAUL ST FOUR POINT STAR LP PS 19 325 N ST PAUL ST FOUR POINT STAR LP 20 350 N ERVAY ST ERVAY RESIDENTIAL LTD PS 21 1614 ELM ST ELM AT STONEPLACE HOLDINGS LLC 22 1601 ELM ST 1601 ELM HOLDINGS LP 23 1900 PACIFIC AVE 1907 ELM HOLDINGS LP 24 1900 PACIFIC AVE 1900 PACIFIC HOLDINGS LP 17 AGENDA ITEM # 54 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 6 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 44 Q SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for MF-1(A) Multifamily District uses and a community service center on property zoned a CR Community Retail District and an R-5(A) Single Family District with Neighborhood Stabilization Overlay No. 13, on the west side of Topeka Avenue, south of Pueblo Street Recommendation of Staff and CPC: Approval, subject to a conceptual plan and conditions Z178-154(PD) HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z178-154(PD) DATE FILED: December 18, 2017 LOCATION: West side of Topeka Avenue, south of Pueblo Street COUNCIL DISTRICT: 6 MAPSCO: 44 Q SIZE OF REQUEST: ± 0.739 acres CENSUS TRACT: 101.02 REPRESENTATIVE: Rob Baldwin APPLICANT: Dallas City Homes REQUEST: An application for a Planned Development District for MF-1(A) Multifamily District uses and a community service center on property zoned a CR Community Retail District and an R-5(A) Single Family District with Neighborhood Stabilization Overlay No. 13 SUMMARY: The request will facilitate the construction of a retirement housing development consisting of approximately 15 dwelling units and a community service center. CPC RECOMMENDATION: Approval, subject conditions. to a conceptual plan and STAFF RECOMMENDATION: Approval, subject conditions. to a conceptual plan and 1 Z178-154(PD) BACKGROUND INFORMATION:  The ±.0.736-acre request site is currently unimproved.  The last Certificate of Occupancy issued for the subject site was in 1967 for aluminum fabrication for brass and bronze fittings.  Prior to 1970 and until 1989, the adjoining property to the west on Sylvan Avenue was zoned LC Light Commercial. The property then transitioned to a CR Community Retail District and was rezoned to a CS Commercial Service District between 1989 and 1993.  On August 22, 2012, the City Council approved a Neighborhood Stabilization Overlay (NSO) District on the subject site and surrounding R-5(A)-zoned property generally bounded by Canada Drive, Gulden Lane, Toronto Street and Sylvan Avenue (Z112-220). The current property owner opposed the Neighborhood Stabilization Overlay District at that time, as well. However, the subject site remained within the boundaries of the NSO. The ordinance that established the NSO states that the height of the structure may not exceed the height plane, which is 27 feet at the front building line. The maximum height in an R-5(A) Single Family District is 30 feet.  On December 17, 2015, the City Plan Commission recommended denial of an application at the same request site for a CS Commercial Service District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District with a Neighborhood Stabilization Overlay No. 13. [Z156101]  The purpose of this request is to construct a retirement housing development consisting of approximately 15 dwelling units and a community service center.  The proposed PD is for MF-1(A) Multi-Family District uses. The conditions for the proposed development indicate the applicant is proposing to deviate from minimum front yard setback of 20 feet. Zoning History: five years. 1. Z156-101: There has been one zoning request within the area within the past On September 12, 2012, the City Plan Commission recommended denial of the request for a CS Commercial Service District with deed restrictions volunteered by the applicant and for removal of Neighborhood Stabilization Overlay No. 13 on property zoned an R-5(A) Single Family District with a Neighborhood Stabilization Overlay No. 13. 2 Z178-154(PD) Thoroughfares/Streets: Thoroughfare/Street Topeka Avenue Type Existing ROW Proposed ROW Local 50 ft. 50 ft. Traffic: The Engineering Division of the Sustainable Development and Construction Department reviewed the proposed request and determined that the request will not have a negative impact on the existing street system. Land Use: Zoning Land Use Site CR, R-5(A), NSO #13 Undeveloped North R-5(A), NSO #13 Undeveloped East R-5(A), NSO #13 Single Family South CR Retail, Surface Parking West CR, CS Industrial (inside), restaurant w/o drive-in 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 applicant’s request. The proposed zoning request meets the following goals and objectives of the comprehensive plan: LAND USE ELEMENT Neighborhood Plus Goal 4.1: Promote Dallas as a city of neighborhoods and publicize neighborhood assets and programs. Policy 4.1.2 Engage Dallas citizens in building/promoting/establishing neighborhood identity. an ongoing process of Goal 4.3: Enhance neighborhood desirability by improving infrastructure, housing stock, recreation and safety. 3 Z178-154(PD) Land Use Study: The West Dallas Urban Structure and Guidelines, adopted by Dallas City Council on March 1, 2011, identifies the area as a neighborhood that will continue to thrive and benefit from core activity and services available south of Singleton Boulevard. It further states that development will be driven by market forces without intervention by the City.  Encourage infill single-family homes (1 & 2 story) or townhome (2 & 3 story) and infill development on 100 lots for new single family homes to help strengthen the neighborhood.  Allow for incremental “transitional buffer” development along Toronto Street for identified residential/office with retail at grade development along Singleton Boulevard. Land Use Compatibility: The 0.739-acre site is unimproved and has never been developed. The surrounding land uses consist of single family uses to the east along Topeka Avenue. Existing land uses to the west along Sylvan Avenue include warehouse and retail uses; while properties to the north of the request site consist of undeveloped tracts, single family uses to the east with retail uses and a surface parking lot to the south. The applicant proposes to create a Planned Development District containing two tracts, Tract 1 and Tract 2. Tract 1 proposes to retain the height plane regulated by NSO No. 13 with a request to deviate from the twenty-foot front yard setback to allow five-foot encroachments and a community service center use while Tract 2 proposes to facilitate the development of a 15-unit retirement housing development with a maximum height of 36 feet. Additionally, the Planned Development District will permit the applicant to 1) allow various uses by right including a community service center; 2) allow five-foot encroachments into the twenty-foot front yard setback within the NSO portion (Tract 1); 3) allow a minimum fifteen-foot front yard setback (Tract 2), and 4) increase the lot coverage from 45 percent to 60 percent. The preservation of existing viable neighborhoods is an important need that is accomplished through the planning process by using available planning tools to ensure that neighborhoods and communities maintain their character. As a direct result, the La Bajada community ensured the preservation of its neighborhood by forming a committee to initiate and establish NSO No. 13 to maintain their sense of community and identity by following a consistent neighborhood planning framework. Staff supports the overall request, as the proposed development will be consistent with the surrounding La Bajada neighborhood and will serve as an appropriate transition to commercial uses on Sylvan Avenue. 4 Z178-154(PD) In an effort to increase the pedestrian amenities, the proposed PD offers the following urban design standards: A. A minimum six-foot-wide sidewalk must be provided on the eastern portion of the Property along Topeka Avenue. Sidewalk crossings within driveways must be constructed of a material that differs in color or materials from that of the vehicular ingress and egress driveways. B. A minimum of one bench, one trash can, and two pedestrian-scale lighting fixtures must be provided between the sidewalk and Topeka Avenue facing facade. C. Maximum blank wall area is 20 linear feet on any elevation. D. The Topeka Avenue facing facade must have a minimum ground level transparency of 25 percent. E. The Topeka Avenue-facing facade must have a sloped roof. F. A minimum of 70 percent of the street-level Topeka Avenue-facing dwelling units must have individual entries that provide direct connection to the sidewalk with a permeable or nonpermeable surface. G. Parking must be located behind the Topeka Avenue front yard setback. Parking may be located within the Sylvan Avenue front yard setback. The proposed design standards will increase the urban nature of the neighborhood and add a new element to the development pattern of the surrounding properties. Recognizing the positive benefits of encouraging development of the area, staff recommends approval of the request subject to conditions. Development Standards: District Setbacks Front Side/Rear Existing Zoning: CR, R-5(A), NSO No. 13 15’*, 20,* 20* 0’ 5’ N/A Proposed: PDD w/5-ft encroach ments 20’* 5’* Height Lot Coverage Special Standards 54’* 30’ 27’* 60% 45%* 45%* RPS RPS RPS 60% No RPS 36’* 27’ Maintained in NSO area * highlights the zoning standards and the requested deviations 5 Primary Uses Residential, Multifamily, Institutional, Recreation, Utility and public service. Residential, Multifamily, Community Service Center Z178-154(PD) Parking: Parking will be provided per Chapter 51A which requires that multifamily uses are parked at a ratio of one parking space per bedroom with an additional .25 spaces required for guest parking with 1 space per 200 square feet of floor area for the community service center use. If more than ten off-street parking spaces are required for the use, handicapped parking must be provided pursuant to Section 51A-4.305. Landscaping: Landscaping is required in accordance with Article X of the Dallas Development Code, as amended. 6 LIST OF OFFICERS Dallas City Homes Karen Crosby-Nash, President Z178-154(PD) CPC ACTION: May 3, 2018 Motion: It was moved to recommend approval of a Planned Development District for MF-1(A) Multifamily District uses and a community service center, subject to a conceptual plan and conditions on property zoned a CR Community Retail District and R-5(A) Single Family District with Neighborhood Stabilization Overlay No. 13, on the west side of Topeka Avenue, south of Pueblo Street. Maker: Second: Result: Carried: 12 to 0 For: Against: Absent: Vacancy: Notices: Replies: Speakers: 12 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Peadon, Murphy, Tarpley 0 2 - Schultz, Ridley 1 - District 8 Area: For: Mailed: Against: None 8 Z178-154(PD) CPC RECOMMENDED CONDITIONS ARTICLE PD SEC. 51P- .101. PD . . LEGISLATIVE HISTORY. was established by Ordinance No. , passed by the Dallas City Council on . SEC. 51P- .102. PROPERTY LOCATION AND SIZE. PD is established on property located on the west side of Topeka Avenue, north of Singleton Boulevard. The size of PD is approximately 0.739 acres. SEC. 51P- .103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this article, (1) BAIL BONDS OFFICE means an office for the issuance, brokerage, or procurement of bail bonds. (2) DRUG TREATMENT CENTER means a facility that offers care and treatment of patients for alcohol or narcotics abuse. (b Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) SEC. 51P- This district is considered to be a residential zoning district. .104. EXHIBITS. The following exhibit is incorporated into this article: (1) SEC. 51P- .105. Exhibit ___A: conceptual plan. CONCEPTUAL PLAN. Development and use of the Property must comply with the conceptual plan (Exhibit ___). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls. 9 Z178-154(PD) SEC. 51P- .106. DEVELOPMENT PLAN. A development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this district. If there is a conflict between the text of this article and the development plan, the text of this article controls. SEC. 51P(a) .107. MAIN USES PERMITTED. The following uses are only permitted main uses: (1) Agricultural uses. -- (2) Institutional and community service uses. ----- (3) Private recreation center, club, or area. Residential uses. ----- (6) Office. [Bail bonds office and drug treatment center is prohibited.] Recreation uses. -- (5) Adult day care facility. Church. Community service center. Convalescent and nursing homes, hospice care, and related institutions. Office uses. -- (4) Crop production. Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(b)(3.1) is not met.] Multifamily. [Prohibited in Tract 2.] Retirement housing. [Only Allowed in Tract 2.] Single family. Utility and public service uses. -Local utilities. 10 Z178-154(PD) SEC. 51P- .108. ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (b) Accessory community center (private) is permitted by right. (c) Accessory church is permitted as a service component of a community service center by right. SEC. 51P- .109. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. If there is a conflict between this section and Division 51A-4.400, this section controls.) (a) In general. Except as provided in this section, the yard, lot, and space regulations for the R-5(A) Single Family District apply. (b) Front yard. (1) Tract 1. Minimum front yard is 20 feet. Arcades, unenclosed porches, balconies, and awnings may project up to five feet into the required front yard. (2) Tract 2. Minimum front yard is 15 feet. (c) Side and rear yard. Minimum side and rear yard is five feet. (d) Density. Maximum number of dwelling units is 15. (e) Height. (1) Tract 1. Maximum structure height is subject to the height plane of 27 feet at the front building line, in accordance with SEC. 51A-4.507(e)(1)(F). (2) Tract 2. Maximum structure height is 36 feet. (f) Lot coverage. Maximum lot coverage is 60 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (g) Lot size. No minimum lot size. (h) Stories. Maximum number of stories above grade is three. 11 Z178-154(PD) SEC. 51P- .110. OFF-STREET PARKING AND LOADING. (a) In general. Except as provided in this section, consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. (b) Parking Setback. Parking must be located behind the Topeka Avenue required front yard. Parking may be located within the Sylvan Avenue required front yard. SEC. 51P- .111. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P(a) .112. LANDSCAPING. Except as provided in this section, landscaping must be provided in accordance with Article X. (b) A landscape buffer for residential adjacency purposes is required along the northern boundary of the Property only if the adjacent property to the north contains a single family structure. (c) Caliper inches above the minimum requirement of street trees count towards the site tree requirement. (d) Plant materials must be maintained in a healthy, growing condition. SEC. 51P-____.113 URBAN DESIGN STANDARDS. (a) Purpose. The purpose of the urban design standards is to ensure that development of the Property is compatible with the La Bajada neighborhood and serves as an appropriate transition to commercial uses on Sylvan Avenue. (b) Sidewalks. A minimum six-foot-wide sidewalk must be provided on the eastern portion of the Property along Topeka Avenue. Sidewalk crossings within driveways must be constructed of a material that differs in color or materials from that of the vehicular ingress and egress driveways. (c) Pedestrian amenities. A minimum of one bench, one trash can, and two pedestrian-scale lighting fixtures must be provided between the sidewalk and the Topeka Avenue-facing facade. (d) Blank wall. Maximum blank wall area is 20 linear feet on any facade. (e) Ground level transparency. The Topeka Avenue-facing facade must have a minimum ground level transparency of 25 percent. 12 Z178-154(PD) (f) Roof. A sloped roof is required along Topeka Avenue. (g) Entrances. A minimum of 70 percent of the street-level Topeka Avenue-facing dwelling units must have individual entries that provide direct connection to the sidewalk with a permeable or nonpermeable surface. SEC. 51P- .114. SIGNS. Signs must comply with the provisions for non-business zoning districts in Article VII. SEC. 51P(a) appearance. .115. ADDITIONAL PROVISIONS. The Property must be properly maintained in a state of good repair and neat (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P- .116. COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the city. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. 13 "Wm II-unlh 1m I'l- nI. mm BLUE 00d rim "pm: - huh-um Imus-r .Llumll?ul I 1 I 559;: isswamaHJI/ I I I I I mum-u TDPEKA AUENU mm wn.? MIL-.13. . . . I 1!unsz I Lli?m 55301 Jim; I Mn: 53531: I - .m'm ma,f?v.?n.nnh AVENUE I3 W29 nu. .1;an a?mumn, y: sung I hum-?n? O?f? EHBGOJ. - HOG minim: I mu "In! rolls-mos :wumu row. l- mu 19ml MEL r?f?E? Proposed Conceptual Plan Enlarged Proposed Conceptual Plan I egress location TRACT1 . 00?42'43" I I I I 4: 223.88' I - 8 I 00?42'4'3 I I 155. 13' - I LU __Tract boundary ssi?ya?se?ack? _5 age?434145 .: .39?1?'12" I i 119.009?315? 5691 ac - 13 I I IRACTZ I I a approx location 3% I existing CVS drive. i I I2 I ,9 shared access I Ln I 3 I easement i I I 00 42 334:: I i,?new ingress egress I 5' side yard 3 back ?00?42'43" 9 I 33.23' IQ. . I ?d yar se?iback? 15 Proposed 3D Model For Illustrative Purposes Only 16 17 126,000 VICINITY MAP 4.0va) W4 Date: 12I27l2017 Case no: Z178-154 90mm3>2 DULUTH ST MANACOR LN 2 $2223.39 BAYONNE ST MUNCIE AVE lmm} m4 FABRICATION ST 355) UEBLO TORONTO ST I. TEA OLIVE LN 82E2 m4 ulu Hullic \hxu?c WA meanZz m4 ?ovum?Cr PUEBLO ST Sum?A) v>m 39x5.? TORONTO ST BEDFORD ST AKRON ST Pucblo DELTA ST gag m4 PKRON ST m4. SINGLETON BLVD TORONTO ST BEDFORD ST BROADWAY AVE GUAM ST PUEBLO ST MCBROOM ST NOMAS ST MORRIS ST MCBROOM ST Bonito Juarc7 002n0m m4 mz OmmanZz m4 {3 5 NOMAS sr Imwmma. 2293. QmeZ>2 MORRIS ST GALLAGHER ST l?rinily Ri\ cr [Us Ell!? ?4 Eu- may ?13: all! Ell{,Case no: 2178-1 54 A RIA MA Date: 12/27/2017 18 Church at 63* moms 51' I tit-501.] a; DELTA ET . 2 Vacant (msn 9), 1 5 Restaurant 5 Lb I Single Family 2 . .Pm. . . 8 A 't Retall Hts-.1 94 ,1 n. 933 {Httbur-utt 31' PB Ll.l AKRON 51' AKRON ST Pl} 933 g; PIJ I?uharca 4mm: U: mu. If? FABRICATION ZONING Gm. 21 ?8-1 54 . A LAN 12:27am? 1 3,600 LIJ I uJ in ?11 'If MCBRODM ST s; . NOMAS ST NCMAS ST 2 I 11.113113 R'?i?tl 2 DELTA 5T I PUEBLD 933 ?53 {Huhurcu n. ST PD Lu 9.3.3 a 2 AKRON 5r MRON ST 933 . PI) Ifnuharca IR *1th LN 3- ?1 FABRICATION ST 5 Ln a: LU 8 5'53 a ZONING HISTORY 2178454 1 2?27Date: 20 CPC Responses '5 1. a 5 .3 MCBROOM s1 6?9 6? 6* 0c? 30 Moms st MOMS 5T 15 16 32 17 33 DELTA PUEBLO FARFIELD SINGLETON BLVD 92 92 93 escrow 51? 3 TEA OLIVE AKRON 31 LN MANACOR LN DULUTH 5T FABRICATION Property Owners Notified (123 parcels) 2 Replies in Favor (2 parcels) 2178-154 w+5 3 Replies in Opposition (3 parcels) a, Area of Notification 5/3/2018 Date 1 33,600 21 Z178-154(PD) 05/02/2018 Reply List of Property Owners Z178-154 97 Property Owners Notified 2 Property Owners in Favor Reply Label # Address 3 Property Owners Opposed Owner 1 3115 TOPEKA AVE CVS PHARMACY INC 2 3115 PARVIA AVE TRINITY MODERN LLC 3 3227 TOPEKA AVE PEREZ ANGEL & LENA 4 3223 TOPEKA AVE MARISCAL BRENDA & CARLOS MARISCAL 5 3219 TOPEKA AVE GUTIERREZ JOSE 6 3215 TOPEKA AVE FACUNDO ARTURO & MARIA T 7 3211 TOPEKA AVE FACUNDO JOSE & 8 3207 TOPEKA AVE MEDRANO PROP LTD 9 3203 TOPEKA AVE CORIA SANTOS 10 3123 TOPEKA AVE WEST DALLAS INVESTMENT LP 11 3006 TOPEKA AVE GARCIA EDUARDO F 12 613 SINGLETON BLVD WEST DALLAS INVESTMENTS LP 13 603 SINGLETON BLVD EMEM III LLC 14 3226 TOPEKA AVE HERNANDEZ MARIA DE LA LUZ & JAVIER A HERNANDEZ X 15 3222 TOPEKA AVE GALICIA ANASTACIO & 16 3218 TOPEKA AVE RAMIREZ RUBEN 17 3214 TOPEKA AVE FACUNDO SALVADOR & MARIA 18 3210 TOPEKA AVE CASTILLO SOFIA C LIFE ESTATE 19 3206 TOPEKA AVE JERUSALEM PNTCSTL CH 20 3202 TOPEKA AVE IGLESIA CHRISTIANA 21 3114 TOPEKA AVE MOYA FIDEL & LUCIA MEDINA 22 3118 TOPEKA AVE MEDINA LUCIA 23 3122 TOPEKA AVE HERMOSILLO JOVITA ESTATE OF 24 3022 TOPEKA AVE MEDINA TOMASA 25 3102 TOPEKA AVE NARVAEZ ERNESTINA A 26 3110 TOPEKA AVE CRAIG PENFOLD PPTIES INC 22 Z178-154(PD) 05/02/2018 Reply Label # Address Owner 27 3106 TOPEKA AVE HERNANDEZ DOMINGO & 28 3014 TOPEKA AVE BOZQUEZ JUAN ARNULFO ROMAN 29 3010 TOPEKA AVE ROMAN JUAN ARNULFO 30 3227 PARVIA AVE CASTILLO JUAN R 31 3223 PARVIA AVE LIMON JUAN JOSE & 32 3219 PARVIA AVE FACUNDO ANDRES 33 3215 PARVIA AVE HERNANDEZ RODOLFO 34 3211 PARVIA AVE SANDOVAL ABEL 35 3207 PARVIA AVE HERNANDEZ VIRGINIA 36 3203 PARVIA AVE ROBLES JAVIER & FRANCISCA 37 3123 PARVIA AVE RESENDEZ AGAPITO 38 3119 PARVIA AVE VELAZQUEZ IDALIA 39 3109 PARVIA AVE CARRILLO TONY & 40 3101 PARVIA AVE CAZARES FORTUNATA EST OF 41 3023 PARVIA AVE OROZCO AMELIA 42 3019 PARVIA AVE HUERTA WALTER A 43 3015 PARVIA AVE LUNA PAULA & 44 530 NOMAS ST SOTO EUSTACIO ESTATE OF 45 531 PUEBLO ST ORANTES GODOFREDO & 46 527 PUEBLO ST MENDEZ JOE 47 523 PUEBLO ST HUERTA MARIA CARMEN 48 530 PUEBLO ST MARTINEZ RUBEN JR & 49 526 PUEBLO ST URBINA ALFREDO 50 522 PUEBLO ST WILSON MARTHA 51 531 TORONTO ST NEW MOUNT CORINTH BAPTIST 52 523 TORONTO ST HERRERA ZULEMA 53 3017 SYLVAN AVE ALVARADO DAVID 54 3202 SYLVAN AVE SYLHO LLC 55 3232 SYLVAN AVE WALIA & SONS REAL ESTATE INC 56 3306 SYLVAN AVE ALVARADO CORREA ANTONIO JOSE 57 717 SINGLETON BLVD CVS PHARMACY INC 23 Z178-154(PD) 05/02/2018 Reply Label # Address Owner 58 3012 SYLVAN AVE CVS PHARMACY INC 59 3016 SYLVAN AVE CVS PHARMACY INC 60 3108 SYLVAN AVE WESTER CAROYLN DURBIN 61 3205 OBENCHAIN ST MARTINEZ SILVERIO 62 3201 OBENCHAIN ST LUCIO NORMA & 63 3125 OBENCHAIN ST AYALA MANUAL EST OF 64 3121 OBENCHAIN ST GARCIA HERLINDA & 65 3117 OBENCHAIN ST AVILA ANDRES 66 3115 OBENCHAIN ST RAMIREZ CARLOS & LUCILA 67 3113 OBENCHAIN ST CHOVANEC MARGARET 68 3109 OBENCHAIN ST ALONZO ROBERT G 69 3105 OBENCHAIN ST NEVAREZ MARIO 70 3103 OBENCHAIN ST TORRES JUANITA 71 3025 OBENCHAIN ST DREILING JORDAN RENEE & 72 3021 OBENCHAIN ST RODRIGUEZ JUANITA 73 3019 OBENCHAIN ST BARRON CORONADO F & 74 833 SINGLETON BLVD RUIZ RAYMOND JR 75 829 SINGLETON BLVD RUIZ MARIA E 76 3220 OBENCHAIN ST WEEMPE BOBBY RAY JR 77 3214 OBENCHAIN ST PINA ROBERTO A & IRMA E LIFE ESTATE 78 3212 OBENCHAIN ST BARDALES CAYETANO 79 3208 OBENCHAIN ST BARRON RAFAEL JR 80 3204 OBENCHAIN ST RAMIREZ JIMMY & ALICIA O 81 3200 OBENCHAIN ST SALAZAR MARCELO & MARIA O 82 3124 OBENCHAIN ST SALAZAR MARCELO E & MARIA X 83 3122 OBENCHAIN ST RAMOS HILARIO & MARIA EVA 84 3118 OBENCHAIN ST BARRON MARIA DE LA LUZ 85 3116 OBENCHAIN ST CORNERSTONE SELECT HOMES LLC 86 3112 OBENCHAIN ST MONROY JUAN CARLOS 87 3108 OBENCHAIN ST SILVA JOSE A & SONIA V 88 3104 OBENCHAIN ST BARRON RAFEL & VIRGINIA X 24 Z178-154(PD) 05/02/2018 Reply Label # Address Owner 89 3100 OBENCHAIN ST VILLASENOR FELIPE REY & ARTURO 90 3024 OBENCHAIN ST VILLAGOMEZ JUAN & CARMEN 91 818 SINGLETON BLVD ATLAS METAL WORKS 92 730 SINGLETON BLVD DURBIN PAMELA LYNN TR OF 93 720 SINGLETON BLVD DURBIN PAMELA LYNN 94 614 SINGLETON BLVD WEST DALLAS INV LP 95 618 SINGLETON BLVD SAN MIGUEL GLORIA E & 96 626 SINGLETON BLVD DELGADO TRINIDAD TR 97 809 SINGLETON BLVD LOS BARRIOS UNIDOS 25 AGENDA ITEM # 55 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 3 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 63 U 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 an RR-D Regional Retail District with a D Liquor Control Overlay on the northeast corner of West Camp Wisdom Road and Marvin D Love Frontage Road, east of Marvin D Love Freeway (US 67) Recommendation of Staff and CPC: Approval of a D-1 Liquor Control Overlay; and approval of a Specific Use Permit for a two-year period with eligibility for automatic renewals for additional five-year periods, subject to a site plan and conditions Z178-181(CY) HONORABLE MAYOR AND CITY COUNCIL FILE NUMBER: Z178-181(CY) WEDNESDAY JUNE 13, 2018 ACM: Majed Al-Ghafry DATE FILED: February 9, 2018 LOCATION: Northeast corner of West Camp Wisdom Road and Marvin D Love Frontage Road, east of Marvin D Love Freeway (US 67) COUNCIL DISTRICT: 3 MAPSCO: 63 U SIZE OF REQUEST: Approx. 0.86 acres CENSUS TRACT: 109.02 APPLICANT/OWNER: KUNVER, LLC REPRESENTATIVE: Karl A. Crawley, Masterplan 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 an RR-D Regional Retail District with a D Liquor Control Overlay. SUMMARY: The intention of the owner is to redevelop the property with a new convenience store with motor vehicle fueling station. The developer would like to sell beer and wine for offpremise consumption in conjunction with the convenience store. The existing hotel use is currently operating but will be demolished. CPC 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 renewals for additional five-year periods, 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 renewals for additional five-year periods, subject to a site plan and conditions. 1 Z178-181(CY) BACKGROUND INFORMATION:  The request site is currently developed with a two-story building with a hotel use which the owner plans to demolish.  The owner proposes to redevelop the site with the new construction of a 3,010square-foot general merchandise or food store building and a 3,096 square-foot canopy for motor vehicle fueling station.  The request area is in an RR Regional Retail District with a D Liquor Control Overlay and occupies approximately 0.857 acres of land. The general merchandise use and the motor vehicle fueling station are permitted by right.  The owner seeks to change the D Liquor Control Overlay to a D-1 Liquor Control Overlay and to obtain a specific use permit for the sale of alcoholic beverages in conjunction with the general merchandise use.  On April 5, 2018, the City Plan Commission held this item under advisement. The applicant has agreed to the staff’s recommended conditions of a two-year period with eligibility for automatic renewals for additional five-year periods since then. Zoning History: There has been one zoning request in the surrounding area in the past five years. 1. Z145-200(AF) On June 10, 2015, the City Council approved an application to change the zoning classification from an RR Regional Retail District with a D Liquor Control Overlay to an RR District with a D-1 Liquor Control Overlay and a Specific Use Permit No. 2149 for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on a property adjacent to this area of request. SUP No. 2149 expired on June 10, 2017. Thoroughfares/Streets: Thoroughfare/Street Type W. Camp Wisdom Road Existing ROW Principal Arterial 100’ 2 Required ROW 100’ Z178-181(CY) Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and determined that it will not significantly impact the surrounding roadway system. STAFF ANALYSIS: 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 complies with the following land use goals and policies of the Comprehensive Plan: URBAN DESIGN GOAL 5.3 ESTABLISH WALK-TO CONVENIENCE Policy 5.3.1 Encourage a balance of land uses within walking distance of each other. Land Use: Zoning Land Use Site RR Regional Retail with D Liquor Control Overlay Hotel North RR Regional Retail with D Liquor Control Overlay Custom Business Services East RR Regional Retail with D1 Liquor Control Overlay General Merchandise and Child Care Facility South RR Regional Retail Vehicle Display Sales and Service West PD No. 396 (across US67) General Merchandise and Restaurant 3 Z178-181(CY) Land Use Compatibility: The approximate 0.86-acre site is zoned a RR Regional Retail District with a D Liquor Control Overlay. Generally located around the site is a mix of light industrial, residential and retail zoning districts. Immediately adjacent to the site are custom business services and hotel uses along the Highway 67 service road. The request site is currently developed with a two-story hotel building. The owner of the property plans to demolish the existing structure and redevelop the site with a general merchandise building and vehicle fueling station. The owner’s request for a zoning change and a specific use permit will allow for the sale of alcoholic beverages for off-premise consumption in conjunction with the general merchandise or food store 3,500 square feet or less use. The properties to the north currently have deed restrictions (D.R. Z856-207) in place that prescribe uses that are only allowed in a neighborhood service district. Across W. Camp Wisdom Road, located south of the property, is an automobile dealership. This property also has deed restrictions in place (D.R. Z912-257) which terminated some of the limitations under previous deed restrictions (D.R. Z834-202), except for those requiring screening and landscaping. The property to the east of the request contains a general merchandise or food store 3,500 square feet or less, and a child care facility. All of the surrounding uses are compatible with the proposed general merchandise & food store. The owner will seek to obtain a liquor license under Chapter 26 of the Texas Alcoholic Beverage Commission Code, wine and beer retailer’s off-premise permit which will exempt them from the 300 feet distance from a day care or child care facility. The "D" Overlay District is a Liquor Control Overlay District which prohibits an individual from selling or serving alcoholic beverages, or setups for alcoholic beverages, for consumption on or off the premises. 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 4 Z178-181(CY) 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:          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. In general, the applicant’s request is consistent with the general provisions for a Specific Use Permit. Staff recommends approval for a two-year period with eligibility for automatic renewal for additional five-year periods. This has been the standard for the proposed use within the general area and allows for review of the use after the initial two-year period. Development Standards: District RR Front 15’ Setbacks Side/Rear 20’ adjacent to residential OTHER: No Min Density FAR 1.5 FAR overall .5 office Height Lot Coverage 70’ 80% 5 stories Special Standards Primary Uses RPS, DIR, Visual Inclusion Retail & personal service Parking: The off-street parking requirements for a general merchandise or food store 3,500 square foot or less is one space for each 200 square feet of floor area. The building’s 5 Z178-181(CY) floor area totals approximately 3,010 square feet, which requires a minimum of 15 offstreet parking spaces in addition to the 2 minimum off-street parking spaces required for the vehicle fuel station. As depicted on the site plan, 21 spaces are provided. Landscaping: Landscaping must be provided in accordance with Article X of the Dallas Development Code. Dallas Police Department: The proposed site is currently developed with a hotel use, therefore the police report received is not related neither to the proposed use nor the sales of alcohol for off-premise consumption. 6 Z178-181(CY) PRIOR CPC ACTION - APRIL 5, 2018 Motion: In considering 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 an RR Regional Retail District with a D Liquor Control Overlay on the northeast corner of West Camp Wisdom Road and Marvin D Love Frontage Road, east of Marvin D Love Freeway (US 67), it was moved to hold this case under advisement until April 19, 2018. Maker: Murphy Second: Rieves Result: Carried: 12 to 0 For: 12 - West, Rieves, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: Notices: Replies: Area: For: 0 2 - Houston, Schultz 1 - District 8 200 0 Mailed: 8 Against: 0 Speakers: None 7 Z178-181(CY) PRIOR CPC ACTION - APRIL 19, 2018 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 with eligibility for automatic renewals for additional five-year periods, subject to a site plan and conditions on property zoned an RR-D Regional Retail District with a D Liquor Control Overlay on the northeast corner of West Camp Wisdom Road and Marvin D Love Frontage Road, east of Marvin D Love Freeway (US 67). Maker: Houston Second: Mack Result: Carried: 14 to 0 For: 14 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Schultz, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: 0 0 1 - District 8 Notices: Replies: Area: For: 200 0 Mailed: 8 Against: 0 Speakers: For: Karl Crawley, 900 Jackson St., Dallas, TX, 75202 Against: None 8 Z178-181(CY) List of Officers KUNVER, LLC.  Pete Patson Manager  Thomas J Irons Organizer 9 Z178-181(CY) CPC RECOMMENDED SUP CONDITIONS 1. USE: The only use authorized by this specific use permit is the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on_____, (two-year period from the passage of this ordinance), but is eligible for automatic renewals for additional five-year periods, pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced). 4. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 5. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas. 10 .. INST. NO. gamma 11 W. CAMP WISDOM ROAD WIDTH RIGHT-OF WAY) MWED SAGANI N0. 201500255362 LOT BLOCK M04 7 CAMP WISDOM ESTATES NO. VOLUME 73111, PAGE 5428 \u?aa ar? sum-r mum?s? REE ME- -marool?m m5 mew-1:" cum-amt? REDUIREIIEH mvmnu IGHAL mom-a POLICIES. E?sr sun (iv-Em WWUHLITESME CUWNES. mm mm. 113.5148 RDURE TD Kai?unis anon/Am INYHEWWUMWM. IYV Wm BUILDNG Datiamunsm'm FEDS-RM. SH mm unaware" (.3055 AND Imam-non Manama MEWS: .rA cmavhucnmnanm Penn-1mm SITE PLAN KEYNOTES: Q) mimic-causewa- roe-nine mm GEDIECNJ "swarms-mm (a Nam Manama-anil- msuLL-nnumm ?Ema nuns (9 (E. Q3) s?mmww?mw mutw?rwm (E) [?T??h?mw?mm (E) mus LENGTH am DATA SLNMARY TABLE roams an ?ErmL: use mm can summon! us 5500 F. aumm vim: :1 SIESF lag-21mm [mm-ac mm mm 3.7. mumsumming-u wow ?mm 17 a? Tan 21104 a; on ism PARKINGREOLNIEI Iawmh?war] PROPOSED SITE PLAN 2 Sims 5mm I1 SFACE: Pm nan-men 21 WES mom; I @m smut: - auc? APPUCANTFENGINEER realm-Km ?Nisan-1m NJ :15 7? CONTACT cans. FE TELaItrm CITY FILE mm:- mm. NMEERNG Mm 1: mm TEXAS a: man-11mm n_ SITE PLAN mm 217.9451 03.0 DRE ?8412 535 CAI-IF WISDOM ROAD DALLAS TEXAS 75237 2178-181 (CY) 2178-181 (CY) Bouldu ZELMA AVE MILLBROOK DR 0 ?5 2 LOCKETT AVE g) 5 <0 BRO SCOUT 9'0 CAMP WISDOM RD MEADOW BLUFF Lh so 0 QV 563% MEADOW DAWN Lh A ?33 5 Voi?$ (300% BRONCO DR $0 0 4 TRAILDUST DR 3 89 MEADOW ISLE Lh 5? TRAILHOUSE 906?? 8 8 '3 Cb PAINTED TRL LIT Mc_Nai1 f; COLT LN 8 8 2 VICINITY MAP 2178-181 . 3/9/2018 1 .6,000 Date. 12 2178-181 (CY) 1' . . . 1 Case no: 2178-181 AERIAL MAP 3,9,2018 1 2,400 13 Z1 78-181 (CY) SUP 1298 7756-] ?1 1? 10321432? - 77859?267 2145?200 D-l MP WISDOM 15257 I I PD 607 . I (Subarca 01?1 Add Case no: 2178-181 ZONING HISTORY 3,9,2018 1 :2,400 14 Z178-181(CY) Mini-warehouse Custom Business Services Retail, Medical Clinic and Restaurant Hotel SFD Custom Business Services Undeveloped General Merch and Child Care Facility General Merchandise and Fueling Station General Merchandise Vehicle Display Sales and Serv. Retail and Personal Service MFD SFD 15 2178-181 (CY) CPC RESPONSES CAMP WISDOM RD 8 Proper?ry Owners Notified (8 parcels) 0 Replies in Favor (O parcels) 2178-181 0 Replies in Opposition (O parcels) CFC 200? Area of No?fica?on . 4/19/2018 Date 1'2?400 16 Z178-181(CY) 04/18/2018 Reply List of Property Owners Z178-181 8 Property Owners Notified Reply Label # Address 0 Property Owners in Favor 0 Property Owners Opposed Owner 1 2935 W CAMP WISDOM RD KUNVER LLC 2 2921 W CAMP WISDOM RD SAGANI JAWED 3 6960 MARVIN D LOVE FWY ALREADY GEAR INC 4 2800 W CAMP WISDOM RD HAMPTON EMBASSY LTD 5 3199 W CAMP WISDOM RD BONIUK INTERESTS LTD 6 6950 MARVIN D LOVE FWY AMIT INVESTMENTS INC 7 7100 MARVIN D LOVE FWY AMERICA CAN CARS FOR KIDS 8 2950 W CAMP WISDOM RD SILWAD INC 17 AGENDA ITEM # 56 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 12 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 5P SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 1702 for a tower/antenna for cellular communication on property zoned a CR Community Retail District, east of Preston Road and south of Campbell Road Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions Z178-195(JM) HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z178-195(JM) DATE FILED: February 27, 2018 LOCATION: East of Preston Road and south of Campbell Road COUNCIL DISTRICT: 12 MAPSCO: 5 P SIZE OF REQUEST: ±612 square feet CENSUS TRACT: 136.17 APPLICANT: Verizon Wireless OWNER: RP Preston Campbell SC LP REPRESENTATIVE: Rob Baldwin, Baldwin and Associates REQUEST: An application for the renewal of Specific Use Permit No. 1702 for a tower/antenna for cellular communication on property zoned a CR Community Retail District. SUMMARY: The purpose of this request is to allow an existing 80-foot-tall tower/antenna (monopole) for cellular communication to remain on the subject site. The CR District allows a height of 65 feet by right and requires a Specific Use Permit for any tower taller than 65 feet. STAFF RECOMMENDATION: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions. CPC RECOMMENDATION: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions. 1 Z178-195(JM) BACKGROUND INFORMATION:  On February 27, 2008, the City Council approved Specific Use Permit No. 1702 for a tower/antenna for cellular communication for a 10-year period with eligibility for automatic renewals for additional 10-year periods, subject to a site plan and conditions.  The existing tower/antenna for cellular communication is 80-feet-in-height. The CR District allows a height of 65 feet by right and requires a Specific Use Permit for any tower taller than 65 feet.  The SUP expired on February 27, 2018. A courtesy letter was sent to the applicant on August 7, 2017, advising them to reapply for the automatic renewal by October 30, 2017. The renewal was submitted on the expiration date— disqualifying the automatic renewal eligibility, but allowing for the renewal of the request.  There are no proposed changes to the site plan or conditions. Zoning History: There have not been any zoning changes within the immediate area in the past five years. Thoroughfares/Streets: Thoroughfare/Street Type Existing ROW Proposed ROW Preston Road Principle Arterial 130 ft. 100 ft. Campbell Road Principle Arterial 100 ft. 100 ft. Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and determined that it will not significantly impact the surrounding roadway system. Surrounding Land Uses: Zoning Land Use CR, SUP No. 1702 Retail and personal service and a Monopole North CR Retail and personal services East CR Retail and personal services South NO(A); R-7.5(A) Office; Single family residential West R-1ac(A) Single family residential Site 2 Z178-195(JM) STAFF ANALYSIS: 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. There are no goals or policies supporting or opposing the request. Land Use Compatibility: The area is located in the rear of a shopping center and further surrounded by retail and personal service uses to the north and east, office uses to the south and single-family development to the west, across Preston Road. The request site, which is approximately 612 square feet in size, is zoned a CR Community Retail District. Pursuant to Section 51A-4.212(10.1) of the Dallas Development Code, monopole cellular towers are allowed by right in the CR District if the height does not exceed 65 feet, with Residential Adjacency Review (RAR) required. The existing tower/antenna for cellular communication is 80-feet-in-height, which requires a Specific Use Permit. The cell tower has been in operation since April 2008 under SUP No. 1702. The SUP expired on February 27, 2018. A courtesy letter was sent to the applicant on August 7, 2017, advising them to reapply for the automatic renewal by October 30, 2017. The renewal was submitted on the expiration date— disqualifying the automatic renewal eligibility, but allowing for the renewal of the request. There are no proposed changes to the site plan or conditions. 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 renewal of the SUP for the existing cellular tower will continue to provide service to the area and promote welfare of the adjacent properties not just for personal cellular communication, but also for all first responder communications. Staff supports the 3 Z178-195(JM) continued use at the site, as the height of the tower seems comparable to the height of parking lot lights, neither being of detriment, but rather of service, to the neighborhood. Parking: The Dallas Development Code requires one off-street parking space for this use when an auxiliary building that houses electronic equipment exceeds 120 square feet of floor area. The proposed site plan indicates that equipment will be located in cabinets; therefore, no parking spaces are required. Landscaping: Landscaping requirements per Article X of the Dallas Development Code are not applicable to the proposed development. 4 List of Officers List of Officers RP Preston Campbell SC, LP and RP 10% SC Properties, LP. RP Dentwood LLC Elizabeth J. Rader, Manager Homer J. Rader, Ill, Member William S. Rader, Member Verizon Wireless Lowell C. McAdam, CEO Tim CEOO Martin Burvill, Senior Vice President Eric Cevis, Senior Vice President Kenneth Dixon, Senior Vice President Ronan Dunne, Executive Vice President Matthew D. Ellis, Executive Vice President Tami Erwin, Executive Vice President George Fischer, Senior Vice President James J. Gerace, CCO Rima Qureshi, Executive Vice President Marc C. Reed, Executive Vice President and CAO Diego Scotti, Executive Vice President Craig Silliman, Executive Vice President David Small, Executive Vice President John G. Stanton, Executive Vice President Hans Vestberg, Executive Vice President Marni M. Walden, Executive Vice President Jennifer Berglund, Dallas-area Real Estate Manager zmeAq?j Z178-195(JM) CPC Action May 3, 2018 Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 1702 for a tower/antenna for cellular communication for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions on property zoned a CR Community Retail District, east of Preston Road, south of Campbell Road. Maker: Shidid Second: Murphy Result: Carried: 12 to 0 For: 12 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Peadon, Murphy, Tarpley Against: Absent: Vacancy: Notices: Replies: Speakers: Area: For: 0 2 - Schultz, Ridley 1 - District 8 500 2 Mailed: 48 Against: 2 None 6 Z178-195(JM) CPC Recommended Z178-195 SUP Conditions 1. USE: The only use authorized by this specific use permit is a tower/antenna for cellular communication. 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 [February 27, 2018] (ten-years), but is eligible for automatic renewal for additional ten-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for application for automatic renewal is strictly enforced.) 4. CELLULAR TOWER: The tower/antenna for cellular communication must be a stealth monopole (cables, antennas, and other similar equipment must be located within the structure) as shown on the site plan. 5. HEIGHT: The tower/antenna for cellular communication may not exceed 80 feet in height. 6. SHARED USE WITH OTHER CARRIERS: Any tower/antenna for cellular communication over 65 feet in height must be constructed to support the antenna arrays for at least three other wireless communications carriers, and the tower/antenna for cellular communication must be made available to other wireless communication carriers upon reasonable terms. 7. MAINTENANCE: The premises must be properly maintained in a state of good repair and neat appearance. 8. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules and regulations of the City of Dallas. 7 3 Q.- J, 51? vmaw_ 4 Efsozruzm 4 If I I I. mm Ianu7 p?m ma LANE Lt") LESEE I mwMLIrrw mm "3 Wu. sun (E) CONCRETE .-J ah; 523mb THEE It Iailtag In' no: mass A: EASENEMT mm sun mu 25 mm :5 award: um mpa?m re mm na'lI-nI-wau widen-nun Dillh?gllbumlnumn Imam cf! Jlellmapcm THENCE Sour. as ?gm 31nnu l5 24 aeculhds Wu: Ina-nu; mg NI: an: Inmr Inn 'm-ia 'Jl an 51.. a sauna: 01 In 0.) be! no .vI 'Ji' mI a m: numml c{ In: numb? Inn am: my the OF BEGINNING haul: manna Human ma warm-m; Sauln nn Imam-ea an "Inn: 36 E254 annual 1200 ?(wan mm my? the mammal any {If Ime'r mean-mad lam men mm 89 ?gnu 31mm.? 21 means Wen. mummum?: at nu.- mum-m come um "um! um been: an: 3 Mam nn dame: 2a aaslam ?Ham sal r. cannu: Mun-west carnal-1 " hemnamcnbed harm. 4_ Nwa?masi 24 mm: Em. amaiamdsam?mmn FDINTDF "equal. and emissary um. VICINITY MAP ZnII'rg. Mal :ml 080695 27091I av we: NI SUP Iur Ian-mummy 0mm Henulnn 153 Pam'ngDm-nnau ?5a Ci" S?ldnc Us. Pennil No Momma Clly nan anmissiun {Quay 1: 200g Existing Site Plan 3RESTWICK LN MALMESBURY MARIANNE CIR 5? I F- 0 6 5 ?76, n. a (L NORTHAM LN TEWKESBURY WAY CLEAR RIDGE DR CONTOUR DR POINT CIR <9 61 MIL ?23V935 9 04% Q) ROSE GE GENTLE KNOLL LN 6:0 c1 TIMBER CREEK LN POMPTON CT 06 DAVEN OAKS DR 5 0 06 2 0- SPRINGFLOWER TRL KETTERING CT 2 (f 62406 9qu 3?08 CANYON SPRINGS u.1 LAUREL OAKS DR ?5 - VICINITY MAP cam 2178-195 1'4,800 Date: 4/17/2018 ll?l I 2178-195 4I17I2018 Case no AERIAL MAP Date: 1:3,600 1O Z178-195(JM) Townhomes Retail Personal Service Office Retail Personal Service Single Family Office Single Family 11 CPC RESPONSES 3 ROSE GROVE 14l/ 7 1/ 6 GENTLE KNOLL LN U1 16 17 18 19 TIMBER CREEK LN DAVEN OAKS DR RUSTIC MEADOWS DR CT POMPTON cr 48 Property Owners Notified (46 parcels) 2 Replies in Favor (4 parcels) 2 Replies in Opposition (2 parcels) 500? Area of Notification KM MALMESBURY 2178-195 W455 CPC Date 8 123,600 12 Z178-195(JM) 05/01/2018 Reply List of Property Owners Z178-195 48 Property Owners Notified 2 Property Owners in Favor Reply Label # Address O X X O 2 Property Owners Opposed Owner 1 17088 PRESTON RD RP PRESTON CAMPBELL SC LP 2 17000 PRESTON RD LIN LUNG-HSING & CHIA-CHING SUNG LIN 3 17000 PRESTON RD PRESTONTOWN TRAILS LP 4 17000 PRESTON RD HP COMMUNICATIONS INC 5 17000 PRESTON RD ASM ARCHITECTS INC 6 16819 RUSTIC MEADOWS DR STONE R E 7 6001 GENTLE KNOLL LN SIGLER JANET S 8 6003 GENTLE KNOLL LN SERVIN STEPHEN C 9 6005 GENTLE KNOLL LN BERRY ROBERT G & BRENDA 10 6007 GENTLE KNOLL LN LEVITT LIV TR THE 11 6009 GENTLE KNOLL LN GARCIA GERARDO O 12 6011 GENTLE KNOLL LN CHAMBERS WESLEY W & 13 6015 GENTLE KNOLL LN DASH GTX LLC 14 6017 GENTLE KNOLL LN GARFIELD ROBERT J 15 6019 GENTLE KNOLL LN HVIDSTEN BRUCE A 16 6002 GENTLE KNOLL LN LILLY TIMOTHY 17 6004 GENTLE KNOLL LN EWING JOHN M & MARTHA B 18 6006 GENTLE KNOLL LN VIDRINE REID M & ELIZABETH H 19 6008 GENTLE KNOLL LN DAVENPORT JOHN D & DAYNA S 20 6142 CAMPBELL RD SADDLEHORN PROPERTIES 1 L 21 6021 CAMPBELL RD METROPOLITAN SAVINGS & LN 22 6014 ROSE GROVE CT DEVER WILLIAM C 23 6018 ROSE GROVE CT KRAINES HOWARD & 24 6015 ROSE GROVE CT JISHI BASIM M & CYNTHIA A 25 6009 ROSE GROVE CT FEARON EDWARD & PAULA 26 6005 ROSE GROVE CT DRAYER JAMES F & CHERYL D 13 Z178-195(JM) 05/01/2018 Reply Label # Address Owner 27 6010 YORKVILLE CT WOLF LEON & 28 6014 YORKVILLE CT BRAUMILLER ADRIENNE 29 6009 YORKVILLE CT BILLINGSLEY JOHN & HARRIETT A 30 16900 PRESTON TRAIL DR PRESTON TRAILS ASSOC 31 16900 PRESTON TRAIL DR PRESTON TRAILS ASSOC 32 16900 PRESTON TRAIL DR PRESTON TRAILS ASSOC 33 17218 PRESTON RD PRESTON PROFESSIONAL PLAZA LLC 34 17194 PRESTON RD LG PRESTON CAMPBELL LLC 35 6210 CAMPBELL RD JADE AND JOY HOLDING LLC 36 17210 CAMPBELL RD STP PRESTON TRAILS LP 37 6019 YORKVILLE CT ROSEN ALLAN D & CAROL 38 6015 YORKVILLE CT ROSENBLOOM BRIAN & 39 6220 CAMPBELL RD JCCATA HOLDINGS LLC 40 6220 CAMPBELL RD ZIMMERMANN ENTERPRISES LLC 41 6220 CAMPBELL RD ZIMMERMANN ENTERPRISES LLC 42 6220 CAMPBELL RD WUCINSKI JOHN R 43 6220 CAMPBELL RD QN MANAGEMENT SOLUTIONS INC 44 6220 CAMPBELL RD 6220 CAMPBELL INVESTMENTS LLC 45 6220 CAMPBELL RD TEXAS STATE ORG OF 46 6206 CAMPBELL RD BROOKHOPE HOLDINGS LLC 47 6220 CAMPBELL RD HOSA PPTY MANAGEMENT INC 48 6220 CAMPBELL RD CARSE PROPERTIES LLC 14 AGENDA ITEM # 57 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 6 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 42 V SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1728 for an extended stay hotel or motel use and an ordinance terminating a portion of Specific Use Permit No. 98 for quarrying and mining operations on property zoned an IM Industrial Manufacturing District, on the east line of North Cockrell Hill Road, north of Dallas-Fort Worth Turnpike Recommendation of Staff and CPC: Approval of an amendment to Specific Use Permit No. 1728 for an extended stay hotel or motel use for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a revised site plan and conditions, and approval of the termination of a portion of Specific Use Permit No. 98 Z178-205(CY) HONORABLE MAYOR AND CITY COUNCIL FILE NUMBER: Z178-205(CY) WEDNESDAY JUNE 13, 2018 ACM: Majed Al-Ghafry DATE FILED: March 8, 2018 LOCATION: East line of North Cockrell Hill Road, north of Dallas-Fort Worth Turnpike COUNCIL DISTRICT: 6 MAPSCO: 42 V SIZE OF REQUEST: Approx. 4.45 acres CENSUS TRACT: 105.00 APPLICANT/OWNER: KESSLER HOSPITALITY, LLC REPRESENTATIVE: Amar Patel REQUEST: An application to amend Specific Use Permit No. 1728 for an extended stay hotel or motel use and to terminate a portion of Specific Use Permit No. 98 for quarrying and mining operations on property zoned an IM Industrial Manufacturing District. SUMMARY: The applicant proposes to 1) reduce the size of the area of request; 2) relocate the extended stay hotel or motel use, as originally approved; and, 3) increase the room count from a maximum of 83 rooms to a maximum of 89 rooms. . CPC RECOMMENDATION: Approval of an amendment to Specific Use Permit No.1728 for an extended stay hotel or motel use for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a revised site plan and conditions, and approval of the termination of a portion of Specific Use Permit No. 98. STAFF RECOMMENDATION: Approval of an amendment to Specific Use Permit No.1728 for an extended stay hotel or motel use for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a revised site plan and conditions, and approval of the termination of a portion of Specific Use Permit No. 98. 1 Z178-205(CY) BACKGROUND INFORMATION:  The approximately 4.45-acre area of request is currently undeveloped and is in an IM Industrial Manufacturing District with Specific Use Permit No. 98 for quarrying and mining operations and Specific Use Permit No.1728 for an extended stay hotel or motel use.  The owner proposes to develop the subject site with a four-story building for an extended stay hotel or motel use. This use requires a Specific Use Permit in the IM Industrial Manufacturing District.  On June 2, 1958, the City Council approved Specific Use Permit No. 98 for quarrying and mining operations.  On September 24, 2008, the City Council approved Specific Use Permit No. 1728 for an extended stay hotel or motel on property described as Lot 1 in City Block F/7202 and allowing a maximum number of guest rooms of eighty-three.  The property was re-platted to create Lot 1A and Lot 1B out of Lot 1 within City Block F/7202 under subdivision case file S156-213. The final plat was recorded in the Dallas County Records on February 8, 2018.  The owner proposes to 1) amend Specific Use Permit No. 1728 by reducing the area of request to include only Lot 1B; 2) increase the room count from a maximum of eighty-three to a maximum of eighty-nine; and, 3) terminate a portion of Specific Use Permit No. 98. Zoning History: There have been no recent zoning changes in the vicinity during the last five years. Thoroughfares/Streets: Thoroughfare/Street Type Existing ROW Required ROW North Cockrell Hill Road Principal Arterial 80’ 80’ Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and recommends that at the time of permitting, a left turn lane and visibility analysis will be required as part of their engineering plans. 2 Z178-205(CY) Land Use: Site North East South West Zoning Land Use IM with SUP No.1728 and SUP No.98 Undeveloped Land IM with SUP No.98 Hotel IM with SUP No. 98 Office/Showroom/Warehouse Industrial Inside CS and RR Undeveloped Land and Hotel IM with SUP No.98 Warehouse and STAFF ANALYSIS: 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 complies with the following land use goals and policies of the Comprehensive Plan: ECONOMIC ELEMENT GOAL 2.4 CREATE AND MAINTAIN BUSINESSES AND ENTREPRENEURS AN ENVIRONMENT FRIENDLY TO Policy 2.4.2 Restore Dallas as the premier city for conducting business within the region. Land Use Plan The request area is also part of the West Dallas Comprehensive Land Use Plan that seeks to promote growth in West Dallas by stimulating economic development. 3 Z178-205(CY) Land Use Compatibility: The approximate 4.45-acre site is undeveloped and zoned an IM Industrial Manufacturing District with Specific Use Permit No.98 for quarrying and mining use and Specific Use Permit No.1728 for extended stay hotel or motel use. The owner of the property plans to construct a four-story, 55,608-square-foot building for an extended stay hotel. The extended stay hotel and motel use is allowed by specific use permit only in the IM zoning district. Located to the north of the site is a hotel use followed by undeveloped land further north. To the northeast, east, and southeast there are warehouse and industrial inside uses. Immediately adjacent to the south there is a hotel use and an undeveloped property, followed by restaurant and retail uses further south along North Cockrell Hill Road. To the southwest, more restaurant uses and undeveloped land and to the northwest across North Cockrell Hill Road, there is a warehouse use. The Dallas Development Code, as amended, defines the extended stay hotel or motel use as a lodging facility containing six or more guest rooms in which: 1) 25 percent or more of the guest rooms have a kitchen that includes a sink, a full-size stove, and a fullsize refrigerator (a cooking area limited to a microwave, mini-refrigerator, or cook-top does not constitute a “kitchen” for purposes of this definition; and 2) 10 percent or more of the guest rooms contain a sleeping area that is separated from a sitting area by a wall or partition. The Dallas Development Code, as amended defines the hotel or motel use as a facility containing six or more guest rooms that are rented to occupants on a daily basis. On September 24, 2008 the City Council approved Specific Use Permit No. 1728 for an extended stay hotel or motel for a ten-year period with eligibility for automatic renewals for additional ten-year periods on property described as Lot 1 in City Block F/7202 and containing approximately 7.8 acres. Since then, the property was re-platted into Lots 1A and 1B. Lot 1A was developed with a hotel or motel use which does not require a specific use permit in the IM Industrial Manufacturing District. Before the time period required to apply for the automatic renewal of the specific use permit was due, the owner submitted this application seeking to amend the SUP by reducing the area of request to include only Lot 1B, relocating the proposed extended stay hotel or motel use to Lot 1B and increasing the number of guest rooms from 83 to 89. On June 2, 1958 the City Council approved Specific Use Permit No 98 for quarrying and mining, the owner is also requesting the termination of a portion of Specific Use Permit No 98. 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 4 Z178-205(CY) 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 surrounding areas are developed with a variety of uses that provide services to the neighboring industrial areas and to the residential areas located further west. The proposed SUP amendment is not foreseen to cause negative impacts upon the surrounding properties. The applicant’s request is also consistent with the general provisions for an SUP. Staff supports the request and recommends approval for a tenyear period with eligibility for automatic renewal for additional ten-year periods. Parking: The off-street parking requirements for an extended stay hotel or motel is one space for each unit for units one to 250, the proposed extended stay hotel or motel use will have a maximum of 89 units (guest rooms) requiring a total of 89 off-street parking spaces. As depicted on the site plan, 91 spaces are provided. Landscaping: Landscaping must be provided in accordance with Article X of the Dallas Development Code, as amended. 5 Z178-205(CY) PRIOR CPC ACTION – MAY 3, 2018 Motion: It was moved to recommend approval of an amendment to Specific Use Permit No. 1728 for an extended stay hotel or motel use for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a revised site plan and conditions and approval of the termination of a portion of Specific Use Permit No. 98 for quarrying and mining operations on property zoned an IM Industrial Manufacturing District, on the east line of North Cockrell Hill Road, north of Dallas-Fort Worth Turnpike. Maker: Shidid Second: Murphy Result: Carried: 12 to 0 For: 12 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Peadon, Murphy, Tarpley Against: Absent: Vacancy: Notices: Replies: Area: For: 0 2 - Schultz, Ridley 1 - District 8 300 0 Mailed: 10 Against: 0 Speakers: For: None For (Did not speak): Amar Patel, 2074 Azalea Trail, Irving, TX, 75063 Against: None 6 Z178-205(CY) List of Officers KESSLER HOSPITALITY, LLC.  Amar Patel  Aashish Desai  Viral V. Patel  Chetan Patel  Dipak R. Patel  Bhavesh R. Patel  Manoj V. Patel  Vikas Patel 7 Z178-205(CY) CPC RECOMMENDED SUP CONDITIONS 1. USE: The only use authorized by this specific use permit is an extended stay hotel or motel 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 [September 24, 2018] (ten years) _______________, but is eligible for automatic renewal for additional 10-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4. LANDSCAPING: Landscaping must be provided and maintained in accordance with Article X of the Dallas Development Code, as amended. 5. INGRES/EGRESS: Ingress and egress must be provided as shown on the attached site plan. No other ingress or egress is permitted. 6. PARKING: Off-street parking and loading must be provided in the locations shown on the attached site plan. 7. ROOMS: Maximum number of guest rooms is 89 [83]. 8. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 9. 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. 8 ,1 33:; IF) '61; Inn-nut I 3.3" f. I . 25 . us?li?h3:85259- 1/ 1 5 I 7 mvmcu - x- 95'50' REUNION PARKWAY I ?hum m: A, 30 E. .5 plane my. I 5'Catox?aw~ml I VICINII I MAP NOYTOSULE am A I Realm; *1 - I . ulvl: . . m: SUMMARY (1 K. - u. Propon CANDLEWOOD SUITES- Extended Stay Hotel ifAssocuuzs. L10. 0 5:VOL. 95125. PG. 2293 BLOCK r/72 2 or warm: sec g; EXISTINGUSE-VACMTM a . g? c.c. nu . 200600713118 I A m: Lam-mun. rum 71?) gt: a- 5 3 Pinon-05:04:10? woeful-tom. ?0 a Tmnnoraumnoous.nnooua :2 I I I ?gang .. ?some: umua raovunsn- name-names: .- mu LANG: mm was: 0 U) 35 ?Em. I-masumuumm/mwucsuca Lima-nut if, ?wovmmon db 5? I sine/maomcw mu new]. a I HEIGHT: mr um; I) 08 (D moms: In 2 I I 'ro: pan-mum I I I I swoon-rm omcsmomm A a? mmneusm 082 57 8 2732 6 c.c. FILE NO. 20070332454 ?h up a um. ?um . MafvSOLE: l' I . I august 12.2005 lull SITE PLAN Nouu'v'zp'm c: 5 1 mm M: SITE PLAN SCALE WU mm! 2078-261 (0TH) mm 94"" . - - . PROPOSED SITE PLAN LKISIING ARILLD INN - PQI CHIA 4-- ROAD 5? IA Ecru QUAD . LASI 52621 I: 5. I -. LINF . . LLI Imus ?13 ?1?"va 9? 70 SIG- SJITESI TX IQMNFIFQ 5 mun? 4.4: APPROX. in 51? CASE i. EXISTING gum NU: W1 Au) suafwza C3 U) 8 J3: Lx AY 3?47 LIJ AREA: 55,608 SGT. I. :3 ff OI SIDRI -RoomDARK 89 5 =an we PQOVIDED lot 18. B924 r/7202 of Ke. er 4osaitCItyIlalns, JaIus [.c-Imfy lexask tc the plat reco?ded unce' Cerk?s 7e No. 23180083535? Mao Dallas C-our'ty. TexasMom-3W AJNC P120PERTY 501-9 1O REUNION PRESS WORTH DALLAS FY WORTH ACRD ?16" DALLAS FT DALLAS FT WORTH SERV DAL MM LAS FY DALLAS Fr WORTH TPKE 0? 1A DALLAS Fr WORTH TEXPRESS DA DALLAS FT WORTH ACRD DALLAS FT WORTH SERV 8 0 723 ADLER DR r? a r- I 76? MAP Caseno; 2178-205 I - 412/201 8 1.6,000 Date. 11 12 AERIAL MAP Case no: Date: Z178 4/2/2018 -205 Z178-205(CY) WAREHOUSE UNDEVELOPED WAREHOUSE HOTEL OFFICE/SHOWROOM/ WAREHOUSE, INDUSTRIAL INSIDE UNDEVELOPED HOTEL RETAIL UNDEVELOPED UNDEVELOPED RETAIL, RESTAURANT, FUELING STATION REST. W/DRIVE THRU RESTAURANT 13 WAREHOUSE CPC RESPONSES 1U 4' 531??! 8 Date a $1 a . 9 1- It? Property Owners No?fiad {11 parcels]! Raplfes in Favor [Cl parcels) 2173-205 Raplias in Gpposi?rion parcefs) 3 Area of Notification 1'2 400 Z178-205(CY) 05/01/2018 Reply List of Property Owners Z178-205 10 Property Owners Notified 0 Property Owners in Favor Reply Label # Address 0 Property Owners Opposed Owner 1 2100 COCKRELL HILL RD KESSLER HOSPITALITY LLC 2 4010 LA REUNION PKWY PRIM TURNPIKE PORTFOLIO 3 2225 N COCKRELL HILL RD UNITED STATES COLD 4 4351 IH 30 GAVI TURNPIKE WEST LLC 5 1717 COCKRELL HILL RD TURNPIKE WEST LLC 6 1801 COCKRELL HILL RD PRIM TURNPIKE WEST LLC 7 1714 COCKRELL HILL RD SONIC LL COCKRELL HILL LP 8 1718 COCKRELL HILL RD COCKRELL HILL HOSPITALITY 9 3950 BASTILLE RD PETULA ASSOCIATES LTD 10 4051 LA REUNION PKWY PETULA ASSOCIATES LTD 15 AGENDA ITEM # 58 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 1 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 54 F SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a private recreation center, club or area use on th property zoned D(A) Duplex District, on the south line of West 10 Street, east of South Tyler Street Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions Z178-212(PD) HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z178-212(PD) LOCATION: DATE FILED: March 22, 2018 South line of West 10th Street, east of South Tyler Street COUNCIL DISTRICT: 1 MAPSCO: 54 F SIZE OF REQUEST: ± .449 acres CENSUS TRACT: 47.00 APPLICANT: Trinity Basin Preparatory OWNER: Grace Temple Baptist Church REPRESENTATIVE: Peter Kavanagh, Zone Systems REQUEST: An application for a Specific Use Permit for a private recreation center, club or area use on property zoned D(A) Duplex District. SUMMARY: The applicant proposes to use the property as a playground to serve Grace Temple Baptist Church and Trinity Basin Preparatory School. CPC RECOMMENDATION: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions. STAFF RECOMMENDATION: Approval for a ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan and conditions. 1 Z178-212(PD) Background:  The request site consists of three undeveloped lots that have been utilized as a playground for Grace Temple Baptist Church, which is located north of the subject site, across West 10th Street.  Trinity Basin Preparatory School (SUP No. 1388), also located on the Grace Temple Baptist Church property, plans to utilize the playground as well.  A national non-profit is donating playground equipment for the proposed playground.  The applicant is proposing a playground with an open play area and a game court, within a 19,558-square-foot, undeveloped area. Zoning History: There have been no zoning requests in the immediate area within the last five years. Thoroughfares/Streets: Thoroughfare/Street Type Existing ROW South Tyler Street Major Arterial Variable West 10th Street Minor Arterial Variable Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. Land Use: Zoning Land Use Site D(A) Undeveloped North MF-2(A), SUP No. 1388 Church, School East D(A) Single Family South PDD No. 316 Subarea 5 Vacant Structure, Single Family West D(A) Vacant Structure 2 Z178-212(PD) STAFF ANALYSIS: 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 fowardDallas! Comprehensive Plan outlines several goals and policies to support the applicant’s request: Land Use Element: GOAL 1.1 Align land use strategies with economic development priorities Policy 1.1.5 Strengthen existing neighborhoods and promote neighborhoods’ unique characteristics. Acknowledge the importance of neighborhoods to the city’s long-term health and vitality. 1.1.5.7 Ensure that neighborhoods are served by and accessible to neighborhood commercial areas, parks and open space, libraries and schools. Encourage the development of these facilities in priority Area Plans. NEIGHBORHOOD PLUS Policy 4.2 Support and leverage emerging school quality and school choice programs. Land Use Compatibility: The site is currently undeveloped and is just east of South Tyler Street. Immediately to the west of the request site is a vacant structure that was previously occupied by a fire station. Single family homes are developed to the east with a vacant structure and single family to the south. Grace Temple Baptist Church and Trinity Basin Preparatory School are located immediately north, across West 10th Street. The applicant is proposing a playground with an open play area and a game court, within a 19,558-square-foot, undeveloped area. The proposed use is intended for private use and will serve both Trinity Basin Preparatory School (SUP No. 1388), and Grace Temple Baptist Church. Due to the proximity of the nearby single family uses, the specific hours of operation will be limited to Monday through Sunday from 8:00 a.m. to 7:00 p.m. 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 3 Z178-212(PD) of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The proposed use is consistent with those normally found in close proximity to residential uses. Additionally, the proposed use is not detrimental to the area as it will complement the existing church and school uses by providing a needed amenity. Screening: Screening will be provided as shown on the site plan. Off-Street Parking: None required. Sec 51A.4.208(2)(C) Required off-street: If an SUP is required for this use, the off-street parking requirement may be established by the ordinance granting the SUP, otherwise three spaces for each game court and one space for each additional 150 square feet is floor area is required. Landscaping: The request will not trigger any landscape regulatory changes. All development on the property will require landscaping per Article X of the Dallas Development Code. 4 Z178-212(PD) List of Partners Grace Temple Baptist Church Board of Trustees Jose Parra Royce Larsen Mike Dudley Steven Linscheid Betty Holman Arturo Gonzalez Cynthia Michaels Trinity Basin Directors Randal C. Shaffer Ken Petree Julia Gomez Dana Bickford Loren Hitchcock 5 Z178-212(PD) CPC ACTION: May 17, 2018 Note: The Commission considered this item individually. Motion: It was moved to recommend approval of a Specific Use Permit for a private recreation center, club or area use for a ten-year period with eligibility of automatic renewals for additional ten-year periods, subject to a site plan and conditions (as briefed) with the following additional modification: 1) a wrought iron fence must be erected in the front yard within two years from the approval of the Specific Use Permit, 2) light poles are prohibited, 3) outside speakers are prohibited on property zoned D(A) Duplex District, on the south line of West 10th Street, east of South Tyler Street. Maker: West Second: Davis Result: Carried: 13 to 0 For: Against: Absent: Vacancy: 13 - West, Rieves*, Houston, Davis, Shidid, Carpenter, Mack, Jung, Schultz, Peadon, Murphy, Ridley, Tarpley 0 1 - Housewright 1 - District 8 *out of the room, shown voting in favor Notices: Area: 200 Mailed: 19 Replies: For: 4 Against: 0 Speakers: For: Peter Kavanagh, 1620 Handley Dr., Dallas, TX, 75208 Against: None 6 Z178-212(PD) CPC Recommended Conditions 1. USE: The only use authorized by this specific use permit is a private recreation center, club, or area. 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 __________ (ten-years from the passage of this ordinance), but is eligible for automatic renewal for additional ten-year periods pursuant to Section 51A-4.219 of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: the Code currently provides that applications for automatic renewal must be filed after the 10th 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. FENCE/SCREENING: A. Fencing must be provided in the locations shown on the attached site plan. B. A four-foot-high wrought iron fence must be erected in the front yard within two years from the approval of the Specific Use Permit C. HOURS OF OPERATION: The private recreation center, club, or area may only operate between 8:00 a.m. and 7:00 p.m., Monday through Sunday. D. LIGHTING: No light poles may be located on the Property. E. OFF-STREET PARKING: Off-street parking is not required. F. OUTSIDE SPEAKERS: Outside speakers are prohibited. G. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. H. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas. 7 PROPOSED SITE PLAN tits! VJ Inn-gr i Mum-g . m: ,4 u: Inna-[IF aamn t: mm.- Mum: 2 ?lull" 3 Equipment ?mm 3 Area ?can: mm I ram-r: can?. mun:tnn?r {?n?l?tf - 3 t! 15131: a new 1' annulus-.1: --. 1 - . ?on: mm :auAst'mu wan mammtu-Iins" mm 03?? ?3"a1llt' mum): ran maesr?m, NC Win? lug DRIVE. sum I) Hi? ENLARGED PROPOSED SITE PLAN PROTECTED CROSSWALK W. Tenth Street A TO TYLER STBusting 5 1! Chain Link 3 Masonry Open Play Area Fence Jr. Wall A Existing 6? Masonry Wail 1 I I 133' Structure i 1 3 Ar :a of Shade i . Structure Area of Shade Elengrpund TYLERSTREET 103' Concrete Slab Game Court 6? Solid I 20 40 Fence a: 20 FEET 8' Chain Link Fence I 12' 40' 54 I 34' MELBA ?2-4 SUNSET 2 Lu Ln JEFFERSON BLVD JEFFERSON 2 1?5} Aka? CENTRE ST 9&4) 23,0 2: 9% a 12TH ST 3 ?l PAGE AVE 2? 4) Ii" 0 VICINITY MAP cm Date- 124,800 1O AERIAL MAP mm 1.1 ,200 Date: 11 PD II 437 I 5111 I 1353 I - if; 0? 3; Church, School a 5 2 LEE Vacant Single Family Vacant, Single Family PL) 316 [Kuhumn 5} WNSET AVE Nurlh FED SIG 13 ES Plel? (Suhllrun ZONING 2178-212 1.1 200 AND LAND USE 4:2:?2013 10m SUNSETAV 3 6 5 4 19 Property Owners Notified (25 parcels) 4 Replies in Favor (10 parcels) 2178-212 w+e 0 Replies in Opposition (O parcels) Area of Notification 1.1 200 5/17/2018 Date 13 Z178-212(PD) 05/16/2018 Reply List of Property Owners Z178-212 19 Property Owners Notified Reply 4 Property Owners in Favor Label # Address 0 Property Owners Opposed Owner O 1 824 W 10TH ST GRACE TEMPLE BAPTIST O 2 838 W 10TH ST GRACE TEMPLE BAPT 3 200 S TYLER ST 200 TYLER SQUARE LLC 4 820 SUNSET AVE ESCALANTEZAMORA MODESTO & 5 824 SUNSET AVE BARRIENTOS JOSEFA GARCIA 6 828 SUNSET AVE PMCRAINE LLC 7 116 S TYLER ST HUDSON A M & 8 829 SUNSET AVE SOLORZANO DANIEL 9 825 SUNSET AVE SOLORZANO DANIEL 10 821 SUNSET AVE PORTUGAL JUAN & MARICELA 11 817 SUNSET AVE GARCIA JUAN P 12 815 SUNSET AVE VALERO JESSE III & 13 810 W 10TH ST HERNANDEZ MICHAEL 14 812 W 10TH ST SALAS JUAN H & FELIPA 15 816 W 10TH ST HUGHES HEATH 16 820 W 10TH ST BREN ADAM 17 111 N TYLER ST TYLER ST UNITED METHODIST CHURCH 18 115 S TYLER ST SINELLI CONCEPTS INTERNATIONAL INC 19 831 W 10TH ST GRACE TEMPLE BAPTIST CHURCH O O 14 AGENDA ITEM # 59 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 1 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 53 S SUBJECT A public hearing to receive comments regarding an application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District on the northeast corner of West Illinois Avenue and Andrews Street Recommendation of Staff: Denial Recommendation of CPC: Denial without prejudice Z178-115(WE/SM) HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z178-115(WE/SM) DATE FILED: October 30, 2017 LOCATION: West Illinois Avenue and Andrews Street, northeast corner COUNCIL DISTRICT: 1 MAPSCO: SIZE OF REQUEST: Approx. 3.0 acres CENSUS TRACT: 65.02 53 S APPLICANT: Steven Rich of Brite Shine, LLC OWNER: Mountain View Church of Christ REPRESENTATIVES: Rob Baldwin REQUEST: An application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District. SUMMARY: The applicant proposes to demolish the existing church, in part or in whole, and redevelop the site with office, retail, and/or restaurant uses. The proposed deed restrictions prohibit certain uses that are allowed in the CR Community Retail District. CPC RECOMMENDATION: Denial without prejudice STAFF RECOMMENDATION: Denial 1 Z178-115(WE/SM) BACKGROUND INFORMATION:  The request site is developed with a church and surface parking lot. Motor vehicle ingress/egress points exist to all three adjacent roadways.  The applicant proposes to demolish one or more of the existing structures to redevelop the site with a one-story, multi-tenant retail development. The proposed development is proposed to consist of a general merchandise or food store and a restaurant without drive-in or drive through service.  The applicant has had a neighborhood meeting and offered additional restrictions since the February 15, 2018 CPC meeting. The primary changes to the deed restrictions are 1) when a car wash and drive-through restaurant propose the use of outdoor microphones or speakers an acoustical engineer must certify the design of the site will comply with standard noise regulations of the Dallas Development Code, and 2) outdoor microphones and speakers for drive-through restaurants have been prohibited along the perimeter of the site with residential adjacency. Zoning History: There have been two zoning changes requested in the area during the past five years. 1. Z145-239: On August 12, 2015, the City Council approved a CR Community Retail District on property zoned an LI Light Industrial District. 2. Z145-287: On October 14, 2015, the City Council approved an RR Regional Retail District with deed restrictions volunteered by the applicant on property zoned a CR Community Retail District, an MF-2(A) Multifamily District, and an LI Light Industrial District. Thoroughfares/Streets: Thoroughfare/Street Type Existing ROW Proposed ROW West Illinois Ave Principal Arterial 80 ft. 100 ft. Andrews Street Local 50 ft. 50 ft. Rockford Drive Local 45 ft. 45 ft. 2 Z178-115(WE/SM) Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system. COMPREHENSIVE PLAN: The fowardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The fowardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The request does not support or obstruct the Plan’s goals or policies. Economic Element GOAL 2.1 PROMOTE BALANCED GROWTH Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions. GOAL 2.4 CREATE AND MAINTAIN BUSINESSES AND ENTREPRENEURS AN ENVIRONMENT FRIENDLY TO Policy 2.4.2 Restore Dallas as the premier city for conducting business within the region. Urban Design GOAL 5.3 ESTABLISHING WALK-TO CONVENIENCE Policy 5.3.1 Encourage a balance of land uses within walking distance of each other. STAFF ANALYSIS: Land Use Compatibility: The request site is developed with a church and surface parking lot. Motor vehicle ingress/egress points exist to all three adjacent roadways. The applicant proposes to demolish the existing church, in part or in whole, and redevelop the site with a multitenant shopping center that will include retail and restaurant uses. The applicant also proposes to market a portion of the property to a drive-through restaurant or to an auto service center. The applicant has proposed restrictions to narrow the list of permitted uses, restrict the perimeter of the property closest to single family uses by prohibiting some noise generating activities, and restricted motor vehicle access to West Illinois Avenue and Andrews Street, when located within 130 feet of the north right-of-way line of Illinois Avenue. Staff generally supports the applicant’s proposed restrictions; however, staff is concerned that a drive-through restaurant will generate nuisances to surrounding properties. 3 Z178-115(WE/SM) Of the following volunteered prohibited uses, a college dormitory, fraternity, or sorority house use is the only land use currently prohibited in the R-5(A) Single Family District.  Crop production. [Limited to a community garden in both R-5(A) and CR]  Gas drilling and production. [SUP required in both R-5(A) and CR]  Temporary concrete or asphalt batching plant. [Special authorization from the building official is required in both R-5(A) and CR]  College dormitory, fraternity, or sorority house. The following uses are prohibited in the existing zoning district [R-5(A) Single Family District] and are allowed with an SUP in the proposed zoning district [CR Community Retail District]. Although the following uses have not been restricted with the volunteered deed restrictions, staff supports this portion of the applicant’s request because these uses would require consideration by the City Plan Commission and City Council before they are allowed, and therefore these uses need not be included in the volunteered deed restrictions.  Medical or scientific laboratory.  Convenience store with drivethrough.  Hospital.  General merchandise or food store  Hotel and motel. 100,000 square feet or more.  Lodging or boarding house.  Swap or buy shop.  Overnight general purpose shelter.  Paraphernalia shop.  Attached non-premise sign.  Mini-warehouse.  Alternative financial establishment.  Recycling buy-back center.  Alcoholic beverage establishments.  Recycling collection center.  Commercial amusement (outside). The following uses require an SUP in the existing zoning district [R-5(A) Single Family District] and are allowed without an SUP or an RAR1 in the proposed zoning district [CR Community Retail District]. However, because the applicant proposes to restrict vehicular access, staff supports this portion of the applicant’s request as these uses are not foreseen to be detrimental to the surrounding properties.       Adult day care facility. Child-care facility. College, university, or seminary. Convent or monastery. Country club with private membership.     1 Private recreation center, club, or area. Electrical substation. Police or fire station. Post office. Monopole cellular towers 65’ or less in height. An RAR is an administrative review that could recommend approval with limited conditions with the intention to lessen negative impacts on nearby residential property. 4 Z178-115(WE/SM) The applicant has volunteered to prohibit the following uses that are not allowed in the existing zoning district [R-5(A) Single Family District].              Ambulance service. Animal shelter or clinic without outside runs. Building repair and maintenance shop Business school. Car wash. College dormitory, fraternity, or sorority house. Commercial amusement (inside). Commercial parking lot or garage. Commercial radio and television transmitting station. Crop production. Dry cleaning or laundry store.        Gas drilling and production. Home improvement center, lumber, brick or building materials sales yard. Liquor store. Monopole cellular towers 65 feet or taller. Mortuary, funeral home, or commercial wedding chapel. Motor vehicle fueling station. Pawn shop. Public school other than an openenrollment charter school. Temporary concrete or asphalt batching plant. The applicant has not volunteered deed restrictions to prohibit the following uses that are prohibited in the existing zoning district [R-5(A) Single Family District]. Some of the following uses require an RAR or a DIR2 in the CR District.            Furniture store.  General merchandise or food store 3,500 square feet or less.  General merchandise or food store greater than 3,500 square feet.  Household equipment and appliance repair.  Nursery, garden shop, or plant sales.  Personal service uses.  Restaurant with drive-in or drivethrough service. [DIR]  Restaurant without drive-in or drivethrough service. [RAR]  Temporary retail use.  Theater. Catering service. Custom business services. Electronics service center. Tool or equipment rental. Library, art gallery, or museum. Financial institution without drive-in window. Financial institution with drive-in window. [DIR] Medical clinic or ambulatory surgical center. Office. Auto service center. [RAR] 2 A DIR is a development impact review. This review is an administrative review that evaluates if the traffic patterns of the proposed development would adversely impact the surrounding roadways. 5 Z178-115(WE/SM) The applicant has volunteered five restrictions that are intended to lessen potential nuisances to surrounding properties in the event that the property develops with the above list of uses. First, the applicant has proposed restrictions for auto service center uses that are focused on deterring small auto repair shops and outside displays of tires and auto parts. Second, the applicant has volunteered to prohibit service areas and typical noise generating equipment within approximately 100 feet of single family properties. Third, if the site develops with a drive through restaurant, the applicant has volunteered to have an acoustical engineer design the site to ensure the site would meet the maximum sound pressure levels from the site to the bounding plot line in a residential district. The applicant expects the engineer will design a noise absorbing wall between the drive through restaurant and nearby residential properties. Fourth, in an effort to further protect the neighbors from potential nuisances due to proximity to a drive through restaurant, the applicant has volunteered to create a buffer for outdoor microphones and speakers. Finally, the applicant has volunteered to restrict motor vehicle access to areas with residential zoning across the adjoining street. Staff generally supports the applicant’s proposed restrictions because they address many potential nuisances; however, staff recommends denial because a drive-through restaurant are not foreseen to be compatible with surrounding properties. Surrounding Land Uses: Location Site North East South West Zoning R-5(A) R-5(A) R-5(A) LI, R-5(A) R-5(A) Land Use Church Single Family Single Family Police Station and Park Service Center Single Family, Personal service uses Development Standards: DISTRICT R-5(A) - existing Single Family CR - proposed Community retail SETBACKS Front Side/Rear Density Height Lot Coverage 20’ 5’ 1 Dwelling Unit/ 5,000 sq. ft. 30’ 45% 15’ 20’ adjacent to residential OTHER: No Min. 0.75 FAR overall 0.5 office 54’ 4 stories 60% Special Standards PRIMARY Uses Single family Proximity Slope Visual Intrusion Retail & personal service, office Landscaping: Landscaping of any development will be in accordance with Article X, as amended. 6 Z178-115(WE/SM) PRIOR CPC ACTION – February 15, 2018: Motion: In considering an application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District on the northeast corner of West Illinois Avenue and Andrews Street, it was moved to hold this case under advisement until March 1, 2018. Maker: West Second: Schultz Result: Carried: 14 to 0 For: 14 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Schultz, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: Notices: Replies: Area: For: 0 1 - Lavallaisaa 0 300 2 Mailed: 53 Against: 1 Speakers: For: Travis Lawrie, Address not given Against: Beatriz Serrano, 2225 Riviera Dr., Dallas, TX. 75211 7 Z178-115(WE/SM) PRIOR CPC ACTION – March 1, 2018: Motion: In considering an application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District on the northeast corner of West Illinois Avenue and Andrews Street, it was moved to hold this case under advisement until March 22, 2018. Maker: West Second: Davis Result: Carried: 13 to 0 For: 13 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: Notices: Replies: Speakers: Area: For: 0 1 - Schultz 1 - District 8 300 2 Mailed: 53 Against: 1 None 8 Z178-115(WE/SM) PRIOR CPC ACTION – March 22, 2018: Motion: In considering an application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District on the northeast corner of West Illinois Avenue and Andrews Street, it was moved to hold this case under advisement until April 19, 2018. Maker: West Second: Davis Result: Carried: 14 to 0 For: 14 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Schultz, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: Notices: Replies: Speakers: Area: For: 0 0 1 - District 8 300 2 Mailed: 53 Against: 1 None 9 Z178-115(WE/SM) PRIOR CPC ACTION – April 19, 2018: Motion: In considering an application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District on the northeast corner of West Illinois Avenue and Andrews Street, it was moved to hold this case under advisement until May 3, 2018. Maker: West Second: Davis Result: Carried: 14 to 0 For: 14 - West, Rieves, Houston*, Davis, Shidid*, Carpenter, Mack, Jung, Housewright, Schultz, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: 0 0 1 - District 8 *out of the room, shown voting in favor Notices: Replies: Speakers: Area: For: 300 2 Mailed: 53 Against: 1 None 10 Z178-115(WE/SM) PRIOR CPC ACTION – May 3, 2018: Motion I: It was moved to recommend approval of a CR Community Retail District, subject to deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District on the northeast corner of West Illinois Avenue and Andrews Street. Maker: West Second: Peadon Result: Failed: 4 to 8 For: 4- Against: Absent: Vacancy: West, Shidid, Mack, Peadon 8 - Rieves, Houston, Davis, Carpenter, Jung, Housewright, Murphy, Tarpley 2 - Schultz, Ridley 1 - District 8 Motion II: It was moved to recommend denial without prejudice of a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-5(A) Single Family District on the northeast corner of West Illinois Avenue and Andrews Street. Maker: Davis Second: Carpenter Result: Carried: 11 to 1 For: 11 - Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Peadon, Murphy, Tarpley Against: Absent: Vacancy: Notices: Replies: Area: For: 1 - West 2 - Schultz, Ridley 1 - District 8 300 2 Mailed: 53 Against: 1 Speakers: For: Perren Gase, 3227 McKinney Ave., Dallas, TX, 75204 For (Did not speak): Monte Brown, West Illinois Ave., Dallas, TX, 75211 Against: None 11 LIST OF OFFICERS List of Partners/Principies/Officers - Brite Shine, LLC RE: Proposed rezoning of 4111 Illinois, Dallas, TX 75211 The names listed below represent all Partners/Principles/Officers of Brite Shine, LLC: 1. Steven Rich 2. TraceyRich List of - Mountain View Church of Christ RE: Proposed rezoning of 4111 Illinois, Dallas, TX 75211 The names listed below represent all Trustees of Mountain View Church of Christ: 1. Tameka Deshena Flemming 2. Elkie Brewer Bigham 3. Valerie Ann Evans 4. Annie Rine Knight 5. Andrea N. Newman 6. Carole Marquitta Hamilton 7. Phillip Alford Powers 8. Veronica Teresa Gibbons 9. Colin R. D?Garro 10. Nora D?Garro 11. Darwin Brown 12. Anthony Flemming 13. Roy Montgomery, Jr. 12 Z178-115(WE/SM) PROPOSED DEED RESTRICTIONS II. The Owner does hereby impress all of the Property with the following deed restrictions ("restrictions"), to wit: (1) The following uses are prohibited: --------------------- (2) (3) Ambulance service. Animal shelter or clinic without outside runs. Building repair and maintenance shop Business school. Car Wash. College dormitory, fraternity, or sorority house. Commercial amusement (inside). Commercial parking lot or garage. Commercial radio and television transmitting station. Crop production. Dry cleaning or laundry store. Gas drilling and production. Home improvement center, lumber, brick or building materials sales yard. Liquor store. Monopole cellular towers 65 feet or taller. Mortuary, funeral home, or commercial wedding chapel. Motor vehicle fueling station. Pawn shop. Public school other than an open-enrollment charter school. Temporary concrete or asphalt batching plant. For an auto service center use, (A) minimum floor area is 3,000 square feet; and (B) accessory outside display of merchandise and accessory outside sales are prohibited. Heating and cooling equipment, generators, and service areas where forklifts and service vehicles operate are prohibited within: (A) 55 feet of Rockford Drive, 13 Z178-115(WE/SM) (B) 88 feet of the easternmost Property line, and (C) 50 feet of Andrews Drive, when located within 290 feet of Rockford Drive. (4) For a restaurant with drive-in or drive-through service with outdoor microphones or speakers, an acoustical engineer must certify that the design of the site will comply with the noise regulations of Article VI, “Environmental Performance Standards.” (5) For a restaurant with drive-in or drive-through service, outdoor microphones and speakers are prohibited within: (6) (7) (A) 100 feet of the eastern Property line, (B) 20 feet of the western Property line, and (C) 80 feet of the northern Property line. Prior to the issuance of a certificate of occupancy, the driveway on Rockford Drive must be closed to vehicular ingress and egress. Vehicular ingress to and egress from the Property is limited to: (A) Andrews Drive, within 130 feet of the north right-of-way line of Illinois Avenue; and (B) Illinois Avenue. A minimum eight-foot-tall masonry wall is required along the north and east boundaries of the Property. The perimeter landscape buffer must be located between the masonry wall and the Property line. 14 FALLS DR LIZZY TEXAS DR 9 0: JUNE DR 0 JUNE DR a ROCKFORD DR ROLINDA DR ILLI ILLINOIS AVE PEPPERTREE LN 8? Chalk Hill 'l?rail A60 ?0 BRIDLE WOOD 4?0 (9-D ?29 F016 003E If3??ka 1) WYOMING ST ?p _l I?l I WYOMING ST Case no: 2178-115 VICINITY MAP 11/17/2017 1 .6,000 Date: 15 it?' - 411m 1111:1113 1m 1mm] ase no: 2178-115 AERIAL MAP 1 2,400 Date: 11/17/2017 16 Z178-115(WE/SM) Single Family Single Family Personal service Police Station and Park Service Center 17 JUNE DR CZ JUNE DR ROCKFORD DR CR ROLINDA DR IL I 015 AVE . ILLINOIS AVE A J- 2135-28ZONING HISTORY Caseno: 2178-115 Date 11/17/2017 1 :2 ,400 - 18 CPC Responses JUNEDR 8910??161718192021222324 RDLINDA ILLINOISAVE o: 0 it 42990 a 4% a 94 53 Properfy Owners No?fied (57 parcels) 2 Replies in Favor (2 parcels) 2178-115 1 Re lies inO osi?on 1 arcels PP. . 300 Area of Nohfucahon 1.2 400 5/3/2018 Da?le 19 Z178-115(WE/SM) 05/02/2018 Reply List of Property Owners Z178-115 53 Property Owners Notified 2 Property Owners in Favor Reply Label # Address 1 Property Owner Opposed Owner 1 4111 W ILLINOIS AVE MOUNTAINVIEW CHURCH OF CHRIST 2 4303 W ILLINOIS AVE EMERALD DENTON PROPERTIES LTD 3 4217 W ILLINOIS AVE LISEMBY THOMAS A III 4 4208 ROCKFORD DR SALAZAR ANTONIO & 5 4202 ROCKFORD DR OZUNA IGNACIO JR & CARMEN 6 4216 ROCKFORD DR MCCORD ALMA 7 4212 ROCKFORD DR SALAZAR J REYES 8 4215 ROCKFORD DR CARRANZA TOMAS CALLADO 9 4211 ROCKFORD DR BONILLA JOAQUIN 10 4207 ROCKFORD DR RAMIREZ EFRAIN 11 4203 ROCKFORD DR MORENO JOSE & MARIA LEOVIJILDA DIAZ 12 4202 JUNE DR MOYA NANCY 13 4206 JUNE DR VARGAS NAVOR & 14 4214 JUNE DR ZAPATA SERGIO 15 4210 JUNE DR U S POSTAL SERVICE 16 4135 ROCKFORD DR CRUZ ANGEL A & ANA M 17 4131 ROCKFORD DR MATEO WILTON NOEL CASTILLO & FABIOLA TAMAYO CEJUDO 18 4127 ROCKFORD DR ALONSO JULIAN & 19 4121 ROCKFORD DR REAL ESTATE NEST LLC 20 4119 ROCKFORD DR CANTU RUBEN CARDONA 21 4115 ROCKFORD DR ZUBIRI GERARDO 22 4111 ROCKFORD DR PEREZ DELFINO 23 4107 ROCKFORD DR S & R SMART INVESTMENT LLC 24 4103 ROCKFORD DR TRIGG KENNETH M 25 4102 JUNE DR VANEGAS FRANK D & JULIA L 26 4106 JUNE DR VAQUERA CONSEPCION & 20 Z178-115(WE/SM) 05/02/2018 Reply Label # Address X O O Owner 27 4110 JUNE DR MASIAS MATTHEW 28 4114 JUNE DR QUALLS JERRY LYNN 29 4118 JUNE DR SALAIZ SOFIA 30 4122 JUNE DR HERNANDEZ JOSE M 31 4126 JUNE DR MOYA CIPRIANA 32 4130 JUNE DR RODRIGUEZ SIXTO A 33 4134 JUNE DR GONZALEZ GERARDO 34 2212 RIVIERA DR FLORES GUADALUPE A & OLGA 35 2205 RIVIERA DR HIRACHETA J REYNALDO & 36 2211 RIVIERA DR HERRERA HUMBERTO R 37 2215 RIVIERA DR GALLEGOS J GUADALUPE 38 2221 RIVIERA DR AGUILAR JESUS S & REVECA 39 2225 RIVIERA DR SERRANO BEATRIZ 40 4014 ROCKFORD DR REYES RUBEN & 41 2222 RIVIERA DR VALDEZ ANA M & RUBEN VALEZ 42 2226 RIVIERA DR ZAMORA EDUARDO 43 2230 RIVIERA DR REYES JAVIER 44 2234 RIVIERA DR ACOSTA ANGEL 45 2233 RIVIERA DR POPOCA NEREYDA 46 2237 RIVIERA DR MEDELLIN FLORENTINO & 47 2241 RIVIERA DR RIVERA DORA I & 48 4030 ROLINDA DR CHAVEZ GRACIELA 49 4026 ROLINDA DR MUNOZ JUSTINO 50 4022 ROLINDA DR ACOSTA ANGEL M & 51 4018 ROLINDA DR ARECHAR ANTONIO 52 4223 W ILLINOIS AVE MCDONALDS CORP 53 4207 W ILLINOIS AVE LILIANS SALON DE BELLEZA LLC 21 AGENDA ITEM # 60 Economic Vibrancy AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 8 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 69 Q; U SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a private recreation center, club, or area on property zoned an A(A) Agricultural District on the south line of Tea Garden Road, west of Haymarket Road Recommendation of Staff and CPC: Approval for a two-year period, subject to a site plan and conditions Z156-323(JM) Note: This item was deferred by the City Council before opening the public hearings on April 12, 2017, May 24, 2017, June 28, 2017, August 23, 2017, October 11, 2017, December 13, 2017, February 14, 2018 and April 25, 2018, and is scheduled for consideration on June 13, 2018. HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z156-323(JM) DATE FILED: July 29, 2016 LOCATION: On the south line of Tea Garden Road, west of Haymarket Road COUNCIL DISTRICT: 8 MAPSCO: 69 Q; U SIZE OF REQUEST: ±16.313 acres CENSUS TRACT: 171.02 REPRESENTATIVE/APPLICANT/OWNER: Joel Torres REQUEST: An application for a Specific Use Permit for a private recreation center, club, or area on property zoned an A(A) Agricultural District. SUMMARY: The purpose of this request is to allow for the following private fields: three baseball fields and one volleyball court. CPC RECOMMENDATION: Approval for a two-year period, subject to a site plan and conditions. STAFF RECOMMENDATION: Approval for a two-year period, subject to a site plan and conditions. 1 Z156-323(JM) BACKGROUND INFORMATION:  The request is made to allow one volleyball court and three baseball fields as part of a private recreation center, club, or area.  The site is operated as an agricultural use with livestock. The owner currently hosts baseball and volleyball games for local adult male baseball teams. Code enforcement notified the owner to contact the Sustainable Development and Construction Department to discuss how to proceed with this use. A specific use permit is required to allow the continued use as a private recreation center, club, or area in a residential zoning district, including the A(A) Agricultural District. Zoning History: There have been no zoning cases within the vicinity of the area of request in the last five years. Thoroughfares/Streets: Thoroughfare/Street Type Right-of-Way Tea Garden Road Local 60 feet Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and determined that it will not have a detrimental impact on the surrounding street system; however, “no parking” signs are required along Tea Garden Road. The requirement is made due to the narrow pavement conditions (approximately 20 feet) along Tea Garden Road. 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 comprehensive plan does not make a specific land use recommendation related to the request. The Plan identifies the request site being located in a Residential Building Block. 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. The request complies with the following land use goals and policies of the 2 Z156-323(JM) Comprehensive Plan: LAND USE ELEMENT GOAL 1.1 ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES Policy 1.1.5 Strengthen existing neighborhoods and promote neighborhoods’ unique characteristics. Acknowledge the importance of neighborhoods to the city’s long-term health and vitality. Implementation Measure 1.1.5.3 Encourage neighborhood-serving office, retail, or other non-residential uses to be located in residential community areas, primarily on significant roadways or at key intersections. GOAL 1.2 PROMOTE DESIRED DEVELOPMENT Policy 1.2.1 Use Vision Building Blocks as a general guide for desired development patterns. The requested recreational use is characteristic of the Residential Building Block, which is predominately for single-family uses, but allows recreational and institutional uses to serve the surrounding neighborhoods. Land Use Compatibility: The subject site is currently zoned an A(A) Agricultural District. The uses permitted in this district are intended to accommodate normal farming, ranching, and gardening activities. Over time, it is expected that agricultural zoned properties will eventually develop into urban sites. Zoning Site A(A) Agricultural North A(A) Agricultural Land Use Agricultural and existing playing fields Single family and agricultural East A(A) Agricultural Single family and agricultural South A(A) Agricultural Single family and agricultural West A(A) Agricultural, PD No. 819, RSingle family, public school, and 7,5(A), R-5(A), and Deed Restrictions agricultural Surrounding land uses include single family and agricultural, with a school nearby as well. These uses are typical in residential neighborhoods with low density. The private recreation center, club, or area use is permitted by right in retail, commercial service, industrial, central area, mixed use, multiple commercial and urban corridor districts. When feasible, this use is allowed in residential districts with special consideration by 3 Z156-323(JM) SUP. The intent of allowing it by SUP in residential districts is to gauge the level of appropriateness and provide for public comment. The site is currently agricultural land. The fields exist and are used by the property owner and baseball teams from around the metroplex, according to the applicant (owner). The applicant had originally requested the right to operate seven days a week. After discussing concerns over the need for a break in the currently remote and residential area, the applicant amended the request to three days a week, Friday, Saturday, and Sunday. To address privacy and future maintenance, a six-foot solid privacy fence is required to be provided and maintained around the perimeter of the site. Hours of operation limit the use to certain times of day. The use of lighting and amplified sound is limited to the hours of operation. Paved parking far exceeding the code requirement is being offered within the site. Sec. 51A 4.208(2)(c) requires three parking spaces per playing field and an additional one parking space per 150 square feet of floor area. In all, approximately 44 parking spaces are required for the three baseball fields, one volleyball court, and 4,680 square feet of additional floor area (storage buildings and covered porches). Portable toilets and a dumpster will be required as identified on the site plan. Staff believes that with compliance to the proposed site plan and conditions, the use could be an asset to the area as it develops into an urban site in the future. In an effort to ensure that the site matches the future development of the area, staff is recommending the time period be two years with no auto renewal recommended. This gives neighbors the opportunity to experience the facility under the SUP regulations imposed by this request. If additional concerns arise, the conditions may be amended when the SUP comes in for renewal. 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. Parking: Sec. 51A 4.208(2)(c) requires three parking spaces per playing field and an additional one parking space per 150 square feet of floor area. In all, approximately 44 parking spaces are required for the three baseball fields, one volleyball court, and 4,680 square feet of additional floor area (storage buildings and covered porches for audiences). The proposed site plan depicts that the applicant will provide 116 parking spaces, of which five are van accessible handicapped spaces. 4 Z156-323(JM) Landscaping and Screening: According to the City arborist, this request meets the requirements of Article X. Staff recommended the addition of a six-foot solid privacy fence around the perimeter of the site to reinforce the separation of the use from surrounding agricultural and singlefamily uses. 5 Z156-323(JM) CPC Action: February 16, 2017 Motion: It was moved to recommend approval of a Specific Use Permit for a private recreation center, club, or area for a two-year period, subject to a site plan and conditions on property zoned an A(A) Agricultural District on the south line of Tea Garden Road, west of Haymarket Road. Maker: Haney Second: Davis Result: Carried: 12 to 0 For: Against: Absent: Vacancy: Notices: Replies: Speakers: Area: For: 12 - Anglin, Rieves, Houston, Davis, Shidid, Haney, Mack, Jung, Housewright, Peadon, Murphy, Ridley 0 3 - Anantasomboon, Schultz, Tarpley 0 400 0 Mailed: 18 Against: 6 None 6 Z156-323(JM) CPC SUP CONDITIONS Z156-323 1. USE: The only use authorized by this specific use permit is a private recreation center, club, or area. 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 _2_ years from passage of this ordinance (date). 4. HOURS OF OPERATION: A private recreation center, club, or area may operate between 4:00 p.m. and 8:00 p.m., Friday through Sunday. 5. LIGHTING: Operation of outdoor lighting is limited to the hours between 4:00 p.m. and 8:00 p.m., Friday through Sunday. 6. SCREENING: Except for required visibility triangles and points of ingress and egress, a minimum six–foot-tall solid screen must be provided and maintained along the perimeter of the property. Screening material must be wood or masonry. 7. SOUND: Operation of loudspeakers and other forms of amplification is limited to the hours between 4:00 p.m. and 8:00 p.m., Friday through Sunday. 8. SIGNS: “No Parking” signs must be installed at the owner/operator’s expense on the property street frontage along Tea Garden Road. 9. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 10. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas. 7 Z156-323(JM) Proposed Site Plan Property is depicted in two parts. The plan continues at the top left corner. 8 Z1 M) ROYCE DR LA DR '10 PIERCE DR a: C) 5 2 9 TEAGARDEN RD a 8 a HAYM 4R"Pr/w Q9 Case no: 2156-323 VICINITY MAP 2,1,2017 118,400 10 126,000 AERIAL MAP Date: 2156-323 2/1/2017 Case no: - I 1?77": Z156-323(JM) Single family, Agricultural Public School Single family, Agricultural Single family, Agricultural Single family, Agricultural Agricultural Agricultural Single family, Agricultural Agricultural 11 Z1 M) CPC Responses 0 Replies in Favor (0 parcels) 400' Area of No?rifica?on 2/1 6/2017 Da?re 6 Replies in Opposition (8 parcels) J8 Properfy Owners No?fied (20 parcelsHAYMARKET RD 2156 - 323 114,800 Z156-323(JM) 02/15/2017 Reply List of Property Owners Z156-323 18 Property Owners Notified 0 Property Owners in Favor Reply Label # Address 6 Property Owners Opposed Owner 1 10020 TEA GARDEN RD 10020 TEA GARDEN ROAD LLP 2 10214 TEA GARDEN RD MARTENSEN GAYLE 3 10218 TEA GARDEN RD TORRES JOEL 4 10224 TEA GARDEN RD TERRY DONNA LYNN 5 10216 TEA GARDEN RD GUZMAN MARIO X 6 10230 TEA GARDEN RD HARGROVE GEORGE & X 7 10310 TEA GARDEN RD HARGROVE GEORGE X 8 10318 TEA GARDEN RD HARGROVE GEORGE W & DONNA X 9 10360 TEA GARDEN RD HARGROVE GEORGE W JR & 10 10334 TEA GARDEN RD JORDON JIMMY D & PATRICIA 11 2411 HAYMARKET RD WEBB WALTER E & MELISSA A 12 2500 HAYMARKET RD CERVANTES JUAN C 13 10327 TEA GARDEN RD BARRIOS SALVADOR 14 10215 TEA GARDEN RD VARGAS JOSE 15 10209 TEA GARDEN RD LAIR BILLY WAYNE & 16 10217 TEA GARDEN RD LAIR LARRY DEAN & DONNA SUE 17 10210 TEA GARDEN RD Dallas ISD 18 10229 TEA GARDEN RD BARRIOS SALVADOR X X 13 AGENDA ITEM # 61 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 8 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 67 J SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an IR Industrial Research District and an ordinance granting a Specific Use Permit for an Industrial (outside) not potentially incompatible use limited to a concrete batch plant on property zoned an A(A) Agricultural District, on the south line of Simpson Stuart Road, west of South Central Service Expressway Recommendation of Staff: Approval of an IR Industrial Research District; and approval of a Specific Use Permit for a three-year period, subject to a site plan, a landscape plan, and staff’s recommended conditions Recommendation of CPC: Approval of an IR Industrial Research District; and approval of a Specific Use Permit for a four-year period, subject to a site plan, a landscape plan, and conditions Z167-303(JM) Note: This item was deferred by the City Council before opening the public hearings on October 11, 2017, December 13, 2017, February 14, 2018 and April 25, 2018, and is scheduled for consideration on June 13, 2018. HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z167-303(JM) DATE FILED: May 17, 2017 LOCATION: South line of Simpson Stuart Road, west of South Central Service Expressway COUNCIL DISTRICT: 8 MAPSCO: SIZE OF REQUEST: CENSUS TRACT: 202.00 ±3.587 acres 67 J REPRESENTATIVE: Tailim Song ℅ Tailim Song Law Firm APPLICANT/OWNER: Walter Huerta REQUEST: An application for an IR Industrial Research District and a Specific Use Permit for an Industrial (outside) not potentially incompatible use limited to a concrete batch plant on property zoned an A(A) Agricultural District. SUMMARY: The applicant is proposing to operate a concrete batch plant on the property. CPC RECOMMENDATION: Approval of an IR Industrial Research District; and approval of a Specific Use Permit for a four-year period, subject to a site plan, a landscape plan, and conditions. STAFF RECOMMENDATION: Approval of an IR Industrial Research District; and approval of a Specific Use Permit for a three-year period, subject to a site plan, a landscape plan, and staff’s recommended conditions. 1 Z167-303(JM) BACKGROUND INFORMATION:  The request is for a zone change and SUP to allow a concrete batch plant. The site is undeveloped and contains approximately 3.587 acres of land.  The site plan depicts one proposed office structure (616 sq. ft.), two cement silos up to 50 feet in height, a dust collector, elevated storage, conveyor belt, hopper, sand storage, and parking spaces. The overall outside floor area for the industrial use is 8,618 square feet.  A proposed landscape plan provides a 15-foot landscape buffer along a portion of the northwest property line and all along Simpson Stuart Road. A 10-foot landscape buffer of existing plant material will provide some relief from residential adjacency buffering requirements for a nonresidential building site adjacent to an agricultural district.  The proposed IR Industrial Research District would add a variety of uses concentrated in the commercial service and industrial categories, while removing the residential use capacity found in the existing A(A) Agricultural District. Zoning History: There have been no recent zoning requests in the area in the past 5 years. Thoroughfares/Streets: Thoroughfares/Street Type Existing ROW Simpson Stuart Road Principal Arterial 100 feet Land Use: Zoning Land Use Site A(A) Agricultural District Undeveloped North IR Industrial Research District Auto Service Center, Undeveloped, Utilities, Single Family, Vehicle Display, Sales, and Service East A(A) Agricultural District Vehicle Display, Sales, and Service, and Vacant South A(A) Agricultural District Undeveloped and Crop Production West A(A) Agricultural District Utilities 2 Z167-303(JM) Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and has no objections. STAFF ANALYSIS: 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. 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 The concrete batching plant is a vital part of the industrial fabric that allows specific materials to be processed and transported to various locations throughout the City. The request site is consistent with the forwardallas! Comprehensive Plan because the Plan identifies the area as Industrial Area. The request site is located within a transitional area and is contiguous to several agricultural tracts of land and industrial/warehouse uses that are in an IR Industrial Research District. Land Use Compatibility: The site is undeveloped and contains approximately 3.587 acres of land. The proposed rezoning and SUP will allow for an industrial outside use limited to a concrete batch plant to operate at the site. The property has approximately 380 feet of frontage along Simpson Stuart Road, a principal arterial road with 100 feet of right-of-way. There are two proposed ingress/egress points. Each access point has a 26-foot wide concrete driveway and a manual gate. According to the site plan submitted, the access points will be one-way—offering one entrance and one exit separated by 140 feet of landscaped frontage. The entire property will be screened with an eight-foot solid fence. Adjoining land uses include a utility transmission line and crop production to the west; crop production to the south; natural liquefied fueling station, crop production, vacant structures, and vehicle display, sales, and service to the east; and, single family and vehicle display, sales, and service to the north across Simpson Stuart Road. The McCommas Bluff Landfill is approximately one mile to the east. Multifamily zoning is found over 3,000 feet southwest along Simpson Stuart Road. 3 Z167-303(JM) The immediate vicinity of the subject site seems to be transitioning to industrial uses with patches of Industrial Research and Commercial Service Districts to the north, east, and south. While the property does not have residential adjacency as defined by Residential Adjacency Review standards in Sec. 51A-4.803(d)(3)(A), the Agricultural District does allow residential uses and surrounds the site. Single family uses also exist across Simpson Stuart Road in the Industrial Research District (seemingly nonconforming land uses since not allowed in this district). The SUP conditions provide measures to mitigate any adverse effects of the use on surrounding areas. Staff recommends an initial period of three-years to allow an opportunity to re-evaluate the continued compatibility of this land use with the surrounding general area and compliance with the SUP conditions. 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. Development Standards: DISTRICT Existing A(A) Agricultural Proposed IR Industrial Research Lot Coverage Special Standards Primary Uses Side/Rear Density FAR Height Front 50’ 20’/50’ None 24’ 10% or 25% None Agricultural & single family. RPS Industrial, wholesale distribution & storage, supporting office & retail. SETBACKS 15’/0’ 0’/30’ NA 200’ 80% Parking: The Dallas Development Code requires one space per 600 square feet of floor area including outside manufacturing area. The site plan provided shows 8,618 square feet of outside manufacturing area. Additionally, the plan identifies 616 square feet of office space, parked at one space per 333 square feet of floor area. A total of 16 parking spaces are required and 20 spaces are provided as shown on the attached site plan. 4 Z167-303(JM) Landscaping & Screening: Landscaping must be provided in accordance with the landscape plan. While there are no immediately adjacent residential uses to the site, Article X defines residential adjacency to include the A(A) Agricultural District. The proposed use is required to provide a 10-foot wide perimeter landscape buffer in combination with a minimum sixfoot-tall solid screening fence along the three sides of the property facing the agricultural zoning. However, in lieu of these residential adjacency requirements, the applicant is requesting to install an eight-foot-high solid screening fence in the locations shown on the proposed landscape plan. Additionally, the proposed landscape plan provides a 10-foot landscape buffer of existing plant material which will provide some relief from residential adjacency buffering requirements for a nonresidential building site adjacent to an agricultural district. The site will also have a 15-foot landscape buffer along a portion of the northwest property line and all along Simpson Stuart Road in addition to the same solid eight-foot fence. This includes screening of the proposed parking spaces with shrubbery. 5 Z167-303(JM) CPC Action September 7, 2017 Motion: It was moved to recommend approval of an IR Industrial Research District and approval of a Specific Use Permit for an Industrial (outside) not potentially incompatible use limited to a concrete batch plant for a four-year period, subject to a site plan, a landscape plan, and conditions on property zoned an A(A) Agricultural District, on the south line of Simpson Stuart Road, west of South Central Service Expressway. Maker: Haney Second: Peadon Result: Carried: 7 to 6 For: 7- Against: Absent: Vacancy: Anglin, Mack, Haney, Jung, Housewright*, Peadon, Ridley 6 - Davis, Houston, Murphy, Rieves, Schultz, Shidid 2 - Anantasomboon, Tarpley 0 *out of the room, shown voting in favor Notices: Replies: Speakers: Area: For: 300 1 Mailed: 17 Against: 0 For: Amy Hsu, 8111 LBJ Freeway, Dallas, TX, 75251 Against: None 6 Z167-303(JM) PROPOSED SUP CONDITIONS 1. USE: The only use authorized by this specific use permit is an industrial (outside) use limited to a concrete batch plant. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. CPC’s Recommendation: 3. TIME LIMIT: This specific use permit expires on ____________ [four-years from the passage of this ordinance]. Staff’s Recommendation: 3. TIME LIMIT: This specific use permit expires on ____________ [three-years from the passage of this ordinance]. Applicant’s Request: 3. TIME LIMIT: This specific use permit expires on ____________ [three-years 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. 4. LANDSCAPING: landscape plan. Landscaping must be provided as shown on the attached 5. GROUND AND DUST CONTROL: A. The following conditions must be met on an ongoing basis: i. All permanent roads or vehicular maneuvering areas must be paved, watered, and vacuum swept as necessary to achieve maximum control of dust emissions. ii. To avoid overloading, a mechanism must be installed on each cement storage silo to warn operators that the silo is full. iii. Spillage of materials must be cleaned up and contained or dampened within 30 minutes after the spillage so that emissions from wind erosion and vehicle traffic are minimized. iv. During operations, all stockpiles must be sprinkled with water or chemicals to eliminate visible dust emissions. 7 Z167-303(JM) B. Prior to the issuance of a certificate of occupancy, a written ground and dust control plan that reflects existing and proposed infrastructure needed to comply with 4(A)(i) through 4(A)(iv) must be delivered to the director of the office of environmental quality and the director of sustainable development and construction. 6. OFF-STREET PARKING: Off-street parking must be provided in the locations shown on the attached site plan. 7. OUTSIDE STORAGE: Outside storage of materials is permitted only in bins that are screened on three sides by solid walls with a minimum height of ten feet. 8. ROAD REPAIR: The owner or operator, or his/her successor or assigns, is responsible for repairing holes or other surface damages on Simpson Stuart Road caused by operation of the concrete batch plant. The road repairs must conform to City of Dallas standards as approved by the director of mobility and street services. 9. SCREENING: A minimum eight-foot-high solid screening fence must be maintained and located as shown on the attached site plan. Fence materials must be in accordance with Sec. 51A-4.602. 10. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 11. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas. 8 Z1 M) PROPOSED SITE PLAN I 9' a #5 99Loci, 9t . rarersa L. 9?11 NO Encruosm 1.3333} TERESA JEREH m3 e" I - 5511:5432 EC) I . I gc-gw} -- 0.P.Ft.u.c.1' 25mm? 4, NICK Mamas El} INST. No. 701200055913? d.S. REALTY HOLDINGS. NET. ?40. . (3 0. 11k. P-jx'T 0F 5 I. . LBEG 15' RIGHT ur? -- 1.31- Sq. on 0 far PLA DROPANE. a'sw: rial-?I VOL. 20(22153. PG. 4-45? LNF 022.03}. 9? Lg. a' 5012 muggit'v d: a umuu?n?w:\ I l, .0 . I. BLOCK 30" - . 144.??6 50. me 1535? a! 5-. 3.3% AC. a' '5 - :nmnmuuc WATER HLERU ll m. missuumm 'r . My ma?a? . $3491375:3 QX - ,db'cj \0 1' 2? 4 n0? asfassg?- go ?dmaa?p 1,,4 0 :5 1, BJICK A/sm' FULIACE ADJ "mu. DHASE 1 . wt" INST. NU. 201400041535 ?9 ca SITE DATA HEUUIHED ?'55 PARKING SPACES INDUSTRIAL DUTSIDE [cor-4mm: Puhm 5,515 snrr. ?4 SPACE PER OFFICE SPACE 15 1 anus PER 333 sun. 2 TOTAL PARKING 2U SPACES TCITAL LOT AREA Z1 M) mm?E-vu' mud-Mu; Int-?imln?-nau Emmi. Wm Him tribune: limb-51mm umd?iql Imni?d. ?arc-c ~oxr_ 2:11-9 mun-an. a v:?1lr" _n n?n?m . man (when-an: f?c4ln? um-nz-mmn PROPOSED LANDSCAPE PLAN ware-rmMI. Hr. HIE I I In!? [lull ..-. 1-- -E CASE NUMBER 2167?303 unite;- 1O Z1 M) 6?99 NW .lf?frl-l] 2167-303 7/17/2017 Case no: Date: VICINITY MAP 1:6,000 11 Z1 M) 2167-303 7I17l2017 Case no: AERIAL MAP Date: 112,400 12 Z167-303(JM) Vehicle Display, Sales, and Service Utilities Single Family Vehicle Display, Sales, and Service Undeveloped Vacant Utilities Liquefied Natural Gas Fueling Station Auto Service Center Utilities Crop Production Crop Production Utilities Crop Production Utilities 13 Z1 M) CPC RESPONSES (X?o?es 17 Property Owners Notified (21 parcels) 1 Replies in Favor (1 parcels) 2167-303 w+e 0 Replies in Opposition (O parcels) CFC 300? Area of Notification 9/7/2017 Date 1'2?400 Z167-303(JM) 09/06/2017 Reply List of Property Owners Z167-303 17 Property Owners Notified 1 Property Owners in Favor Reply Label # Address O 0 Property Owners Opposed Owner 1 4814 SIMPSON STUART RD HUERTA WALTER 2 4812 SIMPSON STUART RD County of Dallas 3 4917 SIMPSON STUART RD BARAJAS NICK 4 4919 SIMPSON STUART RD PEREZ TERESA & ROBERTO 5 4927 SIMPSON STUART RD BANKS WILFRED JR 6 4923 SIMPSON STUART RD PEREZ TERESA 7 9255 S CENTRAL EXPY SHANAN CALVIN H 8 9245 S CENTRAL EXPY SHAHAN CALVIN H 9 9323 S CENTRAL EXPY HUFFHINES PROPANE LLC 10 9315 S CENTRAL EXPY U S REALTY HOLDINGS LTD 11 9305 S CENTRAL EXPY GERALDINE GENEVA 12 4940 SIMPSON STUART RD CANGELOSE GERALDINE G 13 4811 SIMPSON STUART RD TIEU THOMAS 14 4800 SIMPSON STUART RD TEXAS UTILITIES ELEC CO 15 4870 SIMPSON STUART RD EISENBERG JAY & ALAN 16 5612 ZONIE RD ESTRADA CONCRETE CO LLC 17 5712 ZONIE RD RUIBAL FARMS LP 15 AGENDA ITEM # 62 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 8 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 70 F SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a CS Commercial Service District; a resolution accepting deed restrictions volunteered by the applicant; and an ordinance granting a Specific Use Permit for outside sales on property zoned an R-10(A) Single Family District on the west line of South Belt Line Road, north of Sarah Lane Recommendation of Staff: Approval of a CS Commercial Service District, subject to deed restrictions volunteered by the applicant, and approval of a Specific Use Permit for outside sales for a three-year period, subject to a site plan and conditions Recommendation of CPC: Approval of a CS Commercial Service District, subject to deed restrictions volunteered by the applicant, and approval of a Specific Use Permit for outside sales for a two-year period, subject to a site plan and conditions Z167-362(WE/SH) Note: This item was deferred by the City Council before opening the public hearings on March 28, 2018 and May 9, 2018, and is scheduled for consideration on June 13, 2018. HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z167-362(WE/SH) DATE FILED: July 28, 2017 LOCATION: West line of South Belt Line Road, north of Sarah Lane COUNCIL DISTRICT: 8 MAPSCO: SIZE OF REQUEST: Approx. 1.9 acres CENSUS TRACT: 171.01 70 F APPLICANT/OWNER: Ronny & Grace Chaves REPRESENTATIVE: Grace Chaves REQUEST: An application for a CS Commercial Service District with deed restrictions volunteered by the applicant and a Specific Use Permit for outside sales on property zoned an R-10(A) Single Family District. SUMMARY: The purpose of the request is to allow for the operation of an outdoor flea market. The applicant has also volunteered deed restrictions to prohibit certain uses from being developed on the property. STAFF RECOMMENDATION: Approval of a CS Commercial Service District, subject to deed restrictions volunteered by the applicant, and approval of a Specific Use Permit for outside sales for a three-year period, subject to a site plan and conditions. CPC RECOMMENDATION: Approval of a CS Commercial Service District, subject to deed restrictions volunteered by the applicant, and approval of a Specific Use Permit for outside sales for a two-year period, subject to a site plan and conditions. 1 Z167-362(WE/SH) BACKGROUND INFORMATION:  The request site currently is undeveloped and is zoned an R-10(A) Single Family District. The request site has been undeveloped for at least 20 years.  The applicant’s request for a CS Commercial Service District and a Specific Use Permit will allow for the operation of an outside flea market. Outside sales are only permitted in the RR Regional District, CS Commercial Service District and the CA Central Area District.  The applicant has volunteered deed restrictions to prohibit certain CS uses from being developed on the property. Zoning History: There has not been any zoning changes requested in the area during the past five years. Thoroughfares/Streets: Thoroughfare/Street Type South Belt Line Road Principal Arterial Existing ROW 100 ft. Proposed ROW 100 ft. Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system. Land Use: Site Northeast Southeast Northwest Southwest Zoning R-10(A) R-10(A) R-10(A) R-10(A) R-10(A) Land Use Undeveloped Undeveloped Undeveloped, single family Undeveloped Undeveloped, 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. ECONOMIC ELEMENT GOAL 2.1 PROMOTE BALANCED GROWTH Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions. 2 Z167-362(WE/SH) GOAL 2.4 CREATE AND MAINTAIN AN ENVIRONMENT FRIENDLY TO BUSINESSES AND ENTREPRENEURS Policy 2.4.2 Restore Dallas as the premier city for conducting business within the region. URBAN DESIGN GOAL 5.3 ESTABLISHING WALK-TO CONVENIENCE Policy 5.3.1 Encourage a balance of land uses within walking distance of each other. West Kleberg Community Plan (2007): The intent of “The West Kleberg Community Plan” was to provide an overall vision to create economic development that will stimulate specific types development for the community. The West Kleberg Community Plan identified a vision statement as follows: To reflect "Old Kleberg’s" historical heritage, to promote a strong rural atmosphere, to allow for future growth with sensitivity to future amenities and infrastructure of a modern urban environment. Long-time residents seem to have mixed feelings about growth, noting on one side the negative impacts of crowds, noise, traffic, and pollution, while acknowledging the benefits of improved public services, better schools, and new neighborhood-serving retail and commercial business locating to the area. Based on the Community Plan, the request site is located within in an area that is designated as “Sub-area 1, which was comprised of approximately 2,047 acres of which 46 percent was vacant or undeveloped, and 33 percent was comprised of Single Family (SF) uses at the time of publication in 2007”. The request site is located with the area designated as Subarea 1. The Plan also indicated that “commercial service and retail uses are dominant along Highway 175, with a concentration of these uses between Edd and Belt Line Roads. The West Kleberg community desires to encourage economic development along its main corridors, namely Highway 175 and Belt Line Road.” A retail gap analysis completed with the plan identified that residents of this area were likely to spend their income in nearby cities, including Balch Springs and the City of Mesquite, since retail facilities are not sufficiently available in the immediate area. This analysis may not accurately reflect the preferences of households within the study area; however, it can serve as a source for future projections of the needed types of services needed within this sector of Dallas. The Future Vision Map depicts a 1,000-foot buffer zone as ideal for business development along the Highway 175-freeway corridor. Land assemblage may be required to develop in these areas to construct uses such as a hospital, bank, mixed use projects and so on. Business nodes to possibly stimulate economic activity are earmarked at the intersections of Seagoville and Belt Line Roads; Highway 175 and Belt Line Road; and Kleberg and Belt Line Roads. The subject site is within this 1,0003 Z167-362(WE/SH) foot buffer zone. Furthermore, a Visioning Activity conducted at a community meeting identified the Top 20 Community “Needs & Desires” as indicated in the following table: The proposed use could be considered as a central market where various goods and services, including produce, are sold. This use is part of the vision for Sub-area 1. STAFF ANALYSIS: Land Use Compatibility: The 1.9-acre site is undeveloped and is surrounding by large tracts of undeveloped land. There are scattered residential uses in area. However, a more established residential development is located approximately 158 feet south of the request site. The request site is located on the perimeter of the West Kleberg Study area. The surrounding areas are rural in nature, where there are large tracts of undeveloped lands and scattered residential uses. There are several tracts of land that are located out of the Study area that are zoned a CR Community Retail District and a CS Commercial Service District. The applicant’s request is to rezone a portion of the property to a CS Commercial Service District for outside sales. The applicant proposes to operate a flea market, classified in the Development Code as an outside sales use, on the portion of their property that fronts West Belt Line Road. An outside sales use falls within the retail and personal service category and is only permitted by right in the CA Central Area District or by SUP in either an RR Regional Retail District or a CS Commercial Service District. 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 4 Z167-362(WE/SH) 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. Staff believes that the applicant’s request for outside sales could assist in the redevelopment efforts on the community. Even though the proposed flea market may not be consistent with the character of the neighborhood, the site is located in a rural part of the community, where there is a very low density of residential uses. In addition, staff is imposing a short time period on the Specific Use Permit for outside sales to determine if the use will create a negative impact on the residential uses. Furthermore, the proposed CS District could allow the applicant to develop the property with several of the uses that are outlined in the community needs and desires list in the above “Vision Activity” chart, such as: Bank; Big Box; Bookstore; Cinema; Offices; Drug store; Gas Station; Hospital; Hotel or motel; Auto Dealership, and Restaurants. Moreover, the applicant has volunteered deed restrictions that will prohibit various types of uses that may negatively impact the adjacent residential development. The type of uses include, but are not limited to, the following; building repair and maintenance shop, bus or rail transit vehicle maintenance or storage, auto auction, liquor store, truck stop, etc. Development Standards: DISTRICT R-10(A) - existing Single Family CS - proposed Commercial Service SETBACKS Front Side/Rear Density Height Lot Coverage Special Standards PRIMARY Uses 30’ 6’ 1 Dwelling Unit/ 10,000 sq. ft. 30’ 45% Proximity Slope Visual Intrusion Single family 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 will be in accordance with Article X, as amended. Parking: The Dallas Development Code requires off-street parking to be provided for an outside sales use at one space for each 200 square feet of sales area. The applicant proposes to have approximately 16,269 square feet of sales area. Based on the total square feet of sales area, the applicant will have to provide 81 spaces. In addition, the site plan reveals that approximately 1,020 square feet of floor area will be designated as office and public restroom space, which requires one space per 333 space feet of floor area. Based upon these uses, the required number of off-street parking spaces required is 84 spaces and the applicant is providing a total of 87 spaces, as depicted on the proposed SUP site plan. 5 Z167-362(WE/SH) CPC Action (February 1, 2018) 5. Z167-362(WE) Planner: Warren Ellis Motion: It was moved to recommend approval of a CS Commercial Service District with deed restrictions volunteered by the applicant and approval of a Specific Use Permit for outside sales for a two-year period, subject to a site plan and conditions on property zoned an R-10(A) Single Family District, on the west line of South Belt Line Road, north of Sarah Lane. Maker: Lavallaisaa Second: Houston Result: Carried: 14 to 0 For: 14 - West, Rieves, Houston, Davis, Shidid, Carpenter, Lavallaisaa, Jung, Housewright, Schultz, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: Notices: Replies: Area: For: 0 1 - Mack 0 300 1 Mailed: 26 Against: 4 6 Z167-362(WE/SH) PROPOSED SUP CONDITIONS 1. USE: The only use authorized by this specific use permit is outside sales. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on_____, (three-year period from the passage of this ordinance). 3. FLOOR AREA: Maximum floor area for the office is 1060 square feet. 5. INGRESS/EGRESS: Ingress and egress must be provided in the location shown on the attached site plan. No other ingress or egress is permitted. 6. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 7. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas. 7 PROPOSED SITE PLAN AREA: TIIJTAL SITE AREA: {2.520 Hill. Fr. PUELIC 1.020 '30. Fl". [5.269 5U. F1. 101 AL t5 REQUIR l1 JLIIJ SDH .: SPHCES PARKINF. SRACFS PROVIDF .1: IITIFS f. IIC 34'l?1?4? 4555.? 24' DRIVE Ml? BLOCK 889:5 #1272320 30. FT. at 2.9229 Mia - ?35ng 96-14-23-I 55:5 LLI i1? S'x'x'lhfm: Chm-'55 GRACE Chi-313E?) 450-5263 5-5.1: Ft: Te?. 20 SEE 2.5223 #55325 Z167-362(WE/SH) PROPOSED DEED RESTRICTIONS THE STATE OF TEXAS COUNTY OF Dallas ) ) KNOW ALL PERSONS BY THESE PRESENTS: ) I. The undersigned, Ronny & Grace Chaves , a private entity ("the Owner"), is the owner of the following described property ("the Property"), being in particular a tract of land out of the _625 S. Belt Line Rd____ Survey, Abstract No. 716 , City Block 8823 , City of Dallas ("City"), Dallas County, Texas, and being that same tract of land conveyed to the Owner by , by deed dated , and recorded in Volume , Page , in the Deed Records of County, Texas, and being more particularly described as follows: [SEE EXHIBIT -A-] II. The Owner does hereby impress all of the Property with the following deed restrictions ("restrictions"), to wit: (A) Commercial and business service use - Building repair and maintenance shop - Bus or rail transit vehicle maintenance or storage - Commercial bus station - Labor Hall (B) Miscellaneous uses: - Carnival or circus - Alcoholic beverage establishments - Commercial amusement (C) Utility and Public service uses -Commercial radio television transmitting station - Electrical substation - Local utilities (D) Wholesale, distribution and storage uses - Auto auction - Mini warehouse -Petroleum product storage -Recycling collection center -Recycling drop-off for special occasion 9 Z167-362(WE/SH) -Sand, gravel, or earth sales and storage (E) Retail and personal service and transportation - Commercial motor vehicle parking - Commercial parking lot of garage - Commercial bus station and terminal - Commercial amusement - Liquor store - Taxidermist - Truck stop III. These restrictions shall continue in full force and effect for a period of 20 years from the date of execution, and shall automatically be extended for additional periods of 10 years unless amended or terminated in the manner specified in this document. IV. These restrictions may be amended or terminated as to any portion of the Property, upon application to the City of Dallas by the current owner of that portion of the Property, without the concurrence of the owners of the remaining portion of the Property. These restrictions may be amended or terminated only after a public hearing before the City Plan Commission and a public hearing before and approval by the City Council of the City. Notice of the public hearings must be given as would be required by law for a zoning change on the Property. The amending or terminating instrument must be approved as to form by the city attorney. If the City Council approves an amendment or termination of these restrictions, the Owner must then file the amending or terminating instrument in the Deed Records of the county or counties where the Property is located at his or her sole cost and expense before the amendment or termination becomes effective. V. These restrictions are not intended to restrict the right of the City Council of the City to exercise its legislative duties and powers insofar as zoning of the Property is concerned. 10 0 a 492? @042, 0% 942? 0% (9&8 6?04? a 1% 5:3, A 4?0 THE waLowS ?Hp (29 ?39 {34? 0 4) 5? 4 4% 0?2? 4/ 431? <23] [967 443?0 $9 432p Case no: 2167-362 VICINITY MAP 9,22,2017 1 26,000 11 Cam. 2167-362 AERIAL MAP 9,22,2017 12 Z167-362(WE/SH) R-10(A) R-10(A) Undeveloped Undeveloped Undeveloped Single Family Single Family Single Family R-10(A) 13 14 Ifadd 2167-362 6P6 1 2 400 Z167-362(WE/SH) Reply List of Property Owners Z167-362 26 Property Owners Notified 1 Property Owner in Favor Reply Label # Address O 4 Property Owners Opposed Owner 1 639 S BELTLINE RD CHAVES RONNY DAVID 2 599 BELTLINE RD LEE LARRY 3 646 S BELTLINE RD SOSA ALBERTO REZA 4 640 S BELTLINE RD ORTIZ JUAN LUIS & 5 634 S BELTLINE RD KIRBY RICKY B & 6 13510 FERNHEATH LN TRUJILLOCALVILLO ELVIA & 7 13516 FERNHEATH LN TILLISON GARY W & 8 628 LAWSON RD DUNN TED R & LUCY M ESTATE OF 9 616 LAWSON RD BUSTOS RUBEN 10 13509 FERNHEATH LN PINAORTIZ JOSE REYES X 11 720 S BELTLINE RD ARCHER SAMUEL R & RITA L X 12 710 S BELTLINE RD WHITTLE MORRIS L & PAMELA 13 705 S BELTLINE RD CANCHOLA JOSE & MARIA 14 713 S BELTLINE RD GARCIA BLANCA 15 717 S BELTLINE RD PULIDO FLORENCIO 16 13447 SARAH LN WEED KELLY 17 13435 SARAH LN MARTINEZ BERNARDA PADRON & 18 13423 SARAH LN MARTINEZ BERNARDA PADRON & 19 13417 SARAH LN HERNANDEZ ERIC & 20 13411 SARAH LN STALLINGS MELISSA X 21 13405 SARAH LN MOULTON PHILLIP A X 22 13341 SARAH LN CONTRERAS JOSE L 23 13335 SARAH LN RAMIREZ VICTOR 24 645 S BELTLINE RD CANCHOLA JOSE GUDALUPE & 25 625 S BELTLINE RD SANTANA TOMAS 26 500 S BELTLINE RD QUACH NHI 15 AGENDA ITEM # 63 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 7 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 45 V; 46 S SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting the renewal of Specific Use Permit No. 2074 for a potentially incompatible industrial use limited to metal or metal product treatment or processing on property zoned RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District, on the north corner of South Harwood Street and Coombs Street Recommendation of Staff and CPC: Approval for a two-year period, subject to conditions Z167-390(SM) Note: This item was deferred by the City Council before opening the public hearings on January 10, 2018, March 28, 2018 and April 25, 2018, and is scheduled for consideration on June 13, 2018. HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z167-390(SM) DATE FILED: September 8, 2017 LOCATION: North corner of South Harwood Street and Coombs Street COUNCIL DISTRICT: 7 MAPSCO: SIZE OF REQUEST: Approx. 16,040 sq. ft. CENSUS TRACT: 34.00 45 V; 46 S APPLICANT/OWNER: Soriano Bonifacio REPRESENTATIVE: Jose Garcia REQUEST: An application for the renewal of Specific Use Permit No. 2074 for a potentially incompatible industrial use limited to metal or metal product treatment or processing on property zoned RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District. SUMMARY: The purpose of this request is to continue the operation of resurfacing raw metals with a material that is weatherresistant through a metal coating and finishing process in an 8,427-square-foot warehouse. The procedure requires submerging various types of materials into a chemically treated liquid to perform the metal coating and finishing process. The applicant receives the various materials from a local business. The overall metal finishing alters the surface of metal products to enhance: corrosion resistance, wear resistance, electrical conductivity, electrical resistance, reflectivity and appearance (e.g., brightness or color), torque tolerance, solderability, tarnish resistance, chemical resistance, ability to bond to rubber (e.g., vulcanizing), and hardness. CPC RECOMMENDATION: Approval for a two-year period, subject to conditions. STAFF RECOMMENDATION: Approval for a two-year period, subject to conditions. 1 Z167-390(SM) BACKGROUND INFORMATION  On February 26, 2014, City Council approved SUP No. 2074 for a potentially incompatible industrial use limited to metal or metal product treatment or processing for a two year period.  On February 10, 2016, City Council renewed SUP No. 2074 for a two year period. Zoning History: There have not been any zoning changes in the area in the last five years. Thoroughfares/Streets: Thoroughfare/Street Type Existing ROW Proposed ROW South Harwood Street Collector 60 ft. 60 ft. Coombs Street Collector 80 ft. 107 ft. Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system. STAFF ANALYSIS: 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 proposed zoning request meets the following goal and objective of the comprehensive plan. Economic Element Goal 2.1 Promote balanced growth Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions. 2 Z167-390(SM) Land Use Compatibility: Location Site Northeast Southeast South Southwest Northwest Zoning PDD No. 595 (RS-I) and SUP No. 2074 PDD No. 513 PDD No 595 (RS-C) PDD No. 595 (FWMU-3) PDD No. 595 (RS-I) PDD No. 513 Land Use Potentially incompatible industrial use (existing) Undeveloped Warehouse Multifamily Industrial Multifamily The surrounding properties are transitioning from industrial and is currently a mixture of multifamily and commercial uses as noted in the chart above. 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 use has been in operation for two years and although multifamily uses exist to the northwest and south, the use is contained within a building, the multifamily to the north is separated from the site with approximately 120 feet of covered parking, and the multifamily to the south is approximately 100 feet away, across South Harwood Street. Because the use is physically separated from multifamily uses, fully enclosed within a building, and because the area is transitioning to a mixed use area, staff supports the renewal of SUP No. 2074 but only for a two-year period in order to re-evaluate the appropriateness of the use as the area transitions. Development Standards: DISTRICT RS-I Regional Service Industrial SETBACKS Front 15’ Side/Rear 15’ adjacent to residential OTHER: No Min. Density Height Lot Coverage Special Standards 1.0 combined 1.0 office 0.5 retail 70’ 5 stories 80% Proximity Slope Visual Intrusion 3 PRIMARY Uses Commercial and business service, office, Industrial Z167-390(SM) Landscaping: Landscaping will not be triggered because neither the floor area nor parking will be expanded. Parking: The parking requirement for an industrial (inside) potentially incompatible industrial use is one space per 600 square feet of floor area. The site has 16 parking spaces located inside the structure. 4 Z167-390(SM) Prior CPC Action – November 16, 2017: Motion: It was moved to recommend approval of the renewal of Specific Use Permit No. 2074 for a potentially incompatible industrial use limited to metal or metal product treatment or processing for a two-year period, subject to conditions on property zoned an RS-I Regional Service Industrial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District, on the north corner of South Harwood Street and Coombs Street. Maker: Mack Second: Houston Result: Carried: 12 to 2 For: 12 - West, Houston, Shidid, Carpenter, Mack, Lavallaissa, Jung, Housewright, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: Notices: Replies: Area: For: 2 - Davis, Schultz 1 - Rieves 0 200 0 Mailed: 9 Against: 1 Speakers: For: Jose Garcia, 2903 Parvia Ave., Dallas, TX, 75212 Against: None Staff: Joseph Vu, Office of Environmental Quality, City of Dallas 5 Z167-390(SM) SUP No. 2074 Conditions 1. USE: The only use authorized by this specific use permit is a potentially incompatible industrial use limited to metal or metal product treatment or processing. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit expires on two years from the passage of this ordinance [February 10, 2018]. 4. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 5. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas. 6 EXISTING SITE PLAN (no changes) ,lg .. I 127ISFRVICES - - DESIGNERS I ALLEY - Properly Line Lies With in Common Wali Legal Desc (Current 2013) 55: :4 I BROS E: an STEEL awe Fi? I Hers 30.5FT20beam LIGHTINEIGETRIAL J1 . El: . . n1 8803 SQFT ABND ALLEY 136' SPECIAL Within Common Wall Eu . . BONIFACIO 1 I SORIANO I momcr I A ":uuimnna mm? iwaTrjuVs-sawca .E rm: D. D. COATING m- ne Lwes mm In Comm We! armawoob 5T. (E??foof Wide RightiCif?I?Juy} DALLASEX 7521 1 . Pmemeni LOCATIONJfSCALE: 3?32= FI 1:4,800 VICINITY MAP Case no: Date: 2167-390 9/22/2017 Case no: 2167-390 AERIAL MAP 9,22,2017 1 :1 ,200 Z167-390(SM) Multifamily Parking garages Industrial Vacant/Undeveloped Lot Warehouse Multifamily 10 CPC Responses 448% l6 ?0 9 Property Owners Notified (8 parcels) 0 Replies in Favor (0 parcels) 2167-390 w+e 1 Replies in Opposition (1 parcels) 200? Area of Notification CFC 1 1 2 11/16/2017 Date 00 11 Z167-390(SM) 11/15/2017 Reply List of Property Owners Z167-390 9 Property Owners Notified 0 Property Owners in Favor Reply Label # Address X 1 Property Owners Opposed Owner 1 2425 S CESAR CHAVEZ BLVD CITY POCKET LTD 2 2434 S HARWOOD ST SORIANO BONIFACIO 3 4401 LINFIELD RD ST LOUIS S W RAILWAY CO 4 9999 NO NAME ST UNION PACIFIC RR CO 5 2500 S HARWOOD ST TIERRA NUEVA REAL ESTATE LLC 6 2405 S HARWOOD ST TOWNSEND MURRELL 7 2501 S HARWOOD ST HARWOOD LOFTS LLC 8 2515 S HARWOOD ST SMITH DARRELL & ALMA 9 1815 COOMBS ST WAUGH JERRY W 12 AGENDA ITEM # 64 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 2 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 45 U SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting an expansion of Subdistrict 2 (Moderate Density Mixed Use Corridors) on property zoned Subdistrict 1 (Moderate Density Residential) within Planned Development District No. 317, the Cedars Area Special Purpose District, on the west side of Beaumont Street, north of Gould Street Recommendation of Staff: Denial Recommendation of CPC: Approval Z178-131(JM) Note: This item was deferred by the City Council before opening the public hearing on April 25, 2018, and is scheduled for consideration on June 13, 2018. HONORABLE MAYOR & CITY COUNCIL FILE NUMBER: WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry Z178-131(JM) DATE FILED: November 15, 2017 LOCATION: West side of Beaumont Street, north of Gould Street COUNCIL DISTRICT: 2 MAPSCO: 45 U SIZE OF REQUEST: ±6,695 sq. ft. CENSUS TRACT: 204.00 APPLICANT/OWNER: Katelin Burton Smith REQUEST: An application for an expansion of Subdistrict 2 (Moderate Density Mixed Use Corridors) on property zoned Subdistrict 1 (Moderate Density Residential) within Planned Development District No. 317, the Cedars Area Special Purpose District. SUMMARY: The applicant proposes to develop the site with commercial uses. STAFF RECOMMENDATION: Denial CPC RECOMMENDATION: Approval 1 Z178-131(JM) BACKGROUND INFORMATION:  On July 26, 1989, City Council approved PD No. 317, the Cedars Area Special Purpose District, containing approximately 580 acres.  The subject site is undeveloped and contains 6,695 sq. ft. with 65 feet of street frontage along Beaumont Street, northwest of Gould Street. According to city records (POSSE), a structure was demolished in 1991.  The purpose of this request is to change zoning of the lot from Subdistrict 1 for Moderate Density Residential uses to Subdistrict 2 for Moderate Density Mixed Use Corridors. The applicant would like to develop the site for commercial uses—with no further information provided. No changes to the existing conditions for Subdistrict 2 are proposed.  The proposed rezoning would generate significant changes to the allowable uses on-site. In all, 39 new uses would be introduced to the site, 16 by right and 23 by special permits/processes (SUP, DIR, RAR). Ten uses currently allowed with special permits/processes would have lessened restrictions. Zoning History: There have been five zoning cases in the area over the past five years. 1. Z156-358: An application for a new subdistrict for Subdistrict 2 uses and alternate design standards on property zoned Subdistrict 2 within Planned Development District No. 317, the Cedars Area Special Purpose District, in an area generally bounded by Belleview Street, Browder Street, Sullivan Drive and Gould Street. (This case was withdrawn before proceeding to CPC.) 2. Z156-275: On December 14, 2016, the City Council approved a new subdistrict for single family uses and office showroom/warehouse use on property zoned Subdistrict 3A within Planned Development District No. 317, the Cedars Area Special Purpose District, located in an area generally bounded by both sides of Cockrell Avenue, McKee Street, Pitt/Wall Street and southwest of Alexander Avenue. 3. Z156-158: On March 23, 2016 the City Council approved an ordinance granting a Subdistrict 2 (Moderate Density Mixed Use Corridors) on property zoned Subdistrict 6 (Old City Park Institutional) within Planned Development District No. 317, the Cedar Area Special Purpose District, located on the southeast line of Gano Street, northwest of Beaumont Street South Ervay Street and Gano Street, east corner. 4. Z156-127: On April 13, 2016, the City Council approved a new subdistrict (2A) for property zoned Subdistrict 2 within PD No. 317, the Cedars Area Special Purpose District and located on the southwest corner of Beaumont Street and Ervay Street. 5. Z134-284: On December 10, 2014, the City Council approved SUP No. 2124 for a government installation other than listed use on property zoned PD No. 317, the Cedars Area Special Purpose District and located on the east side of Seegar Street as it terminates at Gould Street. 2 Z178-131(JM) Thoroughfares/Streets: Thoroughfare/Street Type Beaumont Street Community Collector Existing ROW Proposed ROW 40 feet 60 feet Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and determined that it will not significantly impact the surrounding roadway system. Surrounding Land Uses: Zoning Land Use Northwest PD No. 317, Subdistrict 2 Single family and Multifamily Northeast PD No. 317, Subdistrict 1 Single family and Undeveloped Southeast PD No. 317, Subdistrict 2 Single family and Undeveloped Southwest PD No. 317, Subdistrict 2 Bar, lounge, or tavern and Undeveloped 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 applicant’s request does not comply with the following goals, policies, and implementation measures of the Comprehensive Plan. LAND USE GOAL 1.1 ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES Policy 1.1.3 Build a dynamic and expanded Downtown. Implementation Measure 1.1.3.3 Enhance Downtown’s character and identity with consistent standards for public and private improvements. 3 Z178-131(JM) Policy 1.1.5 Strengthen existing neighborhoods and promote neighborhoods’ unique characteristics. Acknowledge the importance of neighborhoods to the city’s long-term health and vitality. Implementation Measure area/neighborhood plans in decisions. 1.1.5.1 Recognize adopted guiding development and zoning Implementation Measure 1.1.5.4 Provide appropriate transitions between non-residential uses and neighborhoods to protect stability and quality of life. GOAL 1.3 PROVIDE EQUITABLE OPPORTUNITIES FOR DALLAS RESIDENTS Policy 1.3.1 Create housing opportunities throughout Dallas. Area Plans The site is within the Cedars Area Plan, adopted in 2002. The plan calls for Moderate Density Residential (p. 20), adding "consolidate and simplify sub-districts; support market trends toward residential and mixed-use development; establish buffers/transitions between residential and non-residential areas; establish gateways" (Implementation Chart 3.1). The site is also identified as being within the Downtown Lakes District on the Trinity River Corridor Comprehensive Land Use Plan, adopted in 2005, and revised 2009. This area is within the Transit Center and Residential Urban uses. While the Downtown Lakes District should allow for the highest development intensity, it is a priority of the plan to retain and enhance existing uses (p. 45). Finally, the site is also located within the Downtown 360 Area Plan, adopted in 2011, which calls for a bike lane as this is a bike district connector. The plan also identifies the Cedars as transforming into a "dense, full-service community" and a "vibrant, diverse neighborhood" (p. 26) - this implies mixed uses including residential. Overall, while the trend in these three plans is to acknowledge the mixed-use nature of the area, there is great support for keeping residential development and zoning. Rezoning this lot to provide additional commercial development is a detriment to the Cedars, as this site is wholly within the residential core of the area. Land Use Compatibility: The subject site is undeveloped and contains 6,695 sq. ft. with 65 feet of street frontage along Beaumont Street, northwest of Gould Street. According to city records (POSSE), a structure was demolished in 1991. 4 Z178-131(JM) On July 26, 1989, City Council approved PD No. 317, the Cedars Area Special Purpose District, containing approximately 580 acres. The site is located within Subdistrict 1, a Moderate Density Residential area. The proposed Subdistrict 2, a Moderate Density Mixed Use Corridors area, would generate significant changes to the allowable uses on-site. In all, 39 new uses would be introduced to the site, 16 by right and 23 by special permits/processes (SUP, DIR, RAR). Ten uses currently allowed with special permits/processes would have lessened restrictions. The surrounding land uses include single family and multifamily uses within Subdistrict 2 to the northwest; single family, multifamily, and undeveloped uses within Subdistrict 1 to the northeast; undeveloped and multifamily uses within Subdistrict 2 to the southeast; and, a bar lounge or tavern and undeveloped uses within Subdistrict 2 to the southwest. There is plenty of land for commercial development, evident by undeveloped lots within Subdistrict 2 and adjacent to the site. The subject site has immediate adjacency to residential structures to the northwest—a rear yard, and to the east—a side yard. The proposed change from Subdistrict 1 to Subdistrict 2 would provide for the following changes in land use capabilities:  Add eight Commercial and Business Service uses; none were previously allowed.  No longer require an SUP for three uses, and allow four new uses within the Institutional and Community Service category.  Allow two Lodging uses; none were previously allowed.  Amend restrictions for one use and allow three new uses in the Office category.  Remove the SUP requirement for one use in the Recreation category.  Amend restrictions for three uses and allow 16 new uses in the Retail and Personal Service category.  Remove the SUP requirements for two uses in the Utilities and Public Services category.  Allow five uses in the Wholesale, Distribution, and Storage category; none were previously allowed. Several of the newly permitted uses would result in incompatible or undesirable intensities alongside residential properties to the northwest and east most particularly (existing residences). Commercial and Business Service uses are slightly industrial and more intensive in nature. For example, a technical school, custom woodworking, furniture construction, or repair shop, or building repair and maintenance shop would be allowed with a Residential Adjacency Review, among other uses. The argument that the more intensive uses are allowed on the adjoining lot does not consider the existing residences nearby. Rezoning lot-by-lot could eventually eradicate the residential element vital to the mixed-use, urban residential core of the Cedars area—a major component of Downtown living. 5 Z178-131(JM) Per PD No. 317, the purpose of each subdistrict is as follows: Subdistrict 1 (Moderate Density Residential) To encourage the development of a stable mix of low and moderate density residential land uses alone or in combination with limited office and retail land uses in areas that are isolated from heavy traffic routes; to encourage development patterns that support alternative modes of transportation; and to encourage the preservation of structures with historic value. Subdistrict 2 and 2A (Moderate Density Mixed Use Corridors) To encourage the development of moderate-density office, lodging, retail, and residential uses in compatible combinations along the main street corridors that serve the Cedars Area Special Purpose District; to encourage development that supports increased pedestrian and bicycle use; and to encourage the preservation of structures with historic value. Development Standards: District Setbacks Density/FAR/Lot Size Height Lot Special Coverage Standards Primary Uses Front Side/Rear Existing: Subdistrict 1 0’ 0’ or 10’ if provided 90’ 2.0 FAR No max DU per acre Proposed: Subdistrict 2 0’ 0’ or 10’ if provided 80% 160 DU per acre 2.5 FAR w/50% res AND 50% retail/ps at ground level 2.0 FAR all others 85% max nonperm. Min. 6’ sidewalk Moderate density residential and limited office/retail/personal service. 15’ Urban Form above 54’ on Akard St. Moderate density 90’ mixed use corridor w/50% including all res AND residential from SD 50% 80% 1 plus commercial retail/ps Landscape and business at ground 90% max compliance service, retail and level nonperm. methods: personal service, 50% in office, lodging, and 54’ all parkway wholesale others and/or pay distribution and into open storage uses. space fund Land Use Comparison: # Use Existing Proposed Subdistrict 1 Subdistrict 2 1 Building repair and maintenance shop. RAR 2 Catering service. RAR 3 Custom business services. RAR 6 Z178-131(JM) 4 Custom woodworking, furniture construction, or repair. 5 Electronics service center. X 6 Job or lithographic printing. RAR 7 Medical or scientific laboratory. RAR 8 Technical school. RAR 9 Child-care facility. RAR SUP X 10 College, university, or seminary. SUP X 11 Community service center. SUP X 12 Foster home. X 13 Institution for special education. X 14 Library, art gallery, or museum. X 15 Public or private school. X 16 Hotel or motel. X 17 Lodging or boarding house. X 18 Financial institution without drive-in window X 19 Financial institution with drive-in window. X 20 Medical clinic or ambulatory surgical center. 21 Office. 22 Private recreation center, club, or area. DIR L X SUP X 23 Animal shelter or clinic without outside run. RAR 24 Auto service center. RAR 25 Bar, lounge, or tavern. SUP 26 Business school. X 27 Car wash. RAR 28 Commercial amusement (inside). Check Use May require SUP 29 Commercial parking lot or garage. RAR 30 Dry cleaning or laundry store. L 7 X Z178-131(JM) 31 Furniture store. X General merchandise or food store 3,500 square feet or less. General merchandise or food store greater than 33 3,500 square feet. 32 L RAR RAR 34 Household equipment and appliance repair. X 35 Motor vehicle fueling station. RAR 36 Nursery, garden shop, or plant sales. X 37 Personal service uses. L X Restaurant with drive-in or drive-through services. Restaurant without drive-in or drive-through 39 service. 38 DIR RAR 40 Temporary retail use. X 41 Theater. RAR 42 Police or fire station. SUP RAR 43 Post office. SUP RAR 44 Utility or government service center. Check Use 45 Mini-warehouse. RAR 46 Office showroom/warehouse. RAR 47 Recycling drop-off container. Check Use 48 Recycling drop-off for special occasion collection. Check Use 49 Warehouse. RAR Alternating color pattern indicates new use category. X indicates permitted by right. SUP indicates permitted with a Specific Use Permit. RAR indicates permitted, but subject to Residential Adjacency Review. DIR indicates permitted, but subject to Development Impact Review. Check Use indicates permitted, but that the use must conform to specific regulations in different districts, as outlined in the Development Code. By CBO Authorization indicates that the use may be allowed with permission from the Chief Building Official. 8 Z178-131(JM) Parking: PD No. 317 refers to the Dallas Development Code for parking regulations other than the following uses: utility or government service center, seafood processing facility, art or craft production facility, commercial engraving/etching facility, recycling center, and multifamily. The future development would have to comply with the required parking, as determined by the PD/Dallas Development Code. Landscaping: Any new development on the property will require landscaping per PD No. 317 and Article X of the Dallas Development Code, as amended. 9 Z178-131(JM) CPC Action March 22, 2018 Motion: It was moved to recommend approval of an expansion of Subdistrict 2 (Moderate Density Mixed Use Corridors) on property zoned Subdistrict 1 (Moderate Density Residential) within Planned Development District No. 317, the Cedars Special Purpose District, on the west side of Beaumont Street, north of Gould Street. Maker: Rieves Second: West Result: Carried: 14 to 0 For: 14 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright*, Schultz, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: 0 0 1 - District 8 *out of the room, shown voting in favor Notices: Replies: Area: For: 500 35 Mailed: 109 Against: 1 Speakers: For: Seth Smith, 6214 Richmond Ave., Dallas, TX, 75215 Against: None 10 THORNT ON AGRD PM THORNTO 1H0RNTON SERV 5? . ??37 Qty Park 63Samuell-Beaumont e, - Oz Pl City Park c, 4?20 0? #441? VICINITY MAP Case no: Date: 2178-131 2/23/2018 11 12 PD 317 $9 (Subdislricl 2) [1/45 63 $0 Residential Core .- 0v 690% $0 <22? ?50 \3 CBD/Downtown Demolition Delay Overlay PD 317 (Subdistriet 2) Mixed Use Corridors PD3I7 ZONING meno- 2178-131 AND LAND USE Date; 2/23/2018 122,400 13 (Subd'islric-l H.145 <23} $0 Re51de11l1al .. 6, <50 0 Demolition Delay ()Verlay PI) 3 7 (Subdistricl 2) Mixed Use Corridors l?l)3l7 Pl) 317 $9 ZONING HISTORY 122,400 Case no: 2178'131 2/23/2018 Date: 14 CPC RESPONSES Ty Owner?s Notified 1111111111 35 Replies in Favor (44 parcels) 2178-13] 1 Replies in Opposi?on CPC 500? Area of Notifica?r' . 3/22/20] 1'2?400 Z178-131(JM) 03/21/2018 Reply List of Property Owners Z178-131 109 Property Owners Notified 35 Property Owners in Favor Reply Label # Address 1 Property Owners Opposed Owner 1 1409 BEAUMONT ST SMITH KATELIN BURTON 2 1401 GANO ST KAPLAN HARRY L ESTATE 3 1409 GANO ST KAPLAN HARRY L 4 1408 GANO ST CHARALAMBOPOULOS FAY 5 1400 GANO ST BLANCHARD BECKER FAMILY TRUST 6 1610 GOULD ST DANIEL DAVID O 7 1407 MCKEE ST DANIEL DAVID 9 1605 DURANT ST MCDONALD D D 10 1602 BROWDER ST BANOWSKY BRITTON B O 11 1509 MCKEE ST SHIPBUILD LLC O 12 1513 MCKEE ST SHIPBUILD PARTNERS LP 13 1608 BROWDER ST YANCEY CEDARS LLC 14 1609 DURANT ST RE SOURCE PROFESSIONALS 15 1505 SEEGAR ST FRIEDMAN BRADLEY H 16 1206 BEAUMONT ST LONCAR FRANK 17 1813 S AKARD ST STAY ON THE MARK LLC 18 1809 S AKARD ST LONCAR FRANK 19 1805 S AKARD ST CITY INDUSTRIES INC 20 1801 S AKARD ST CITY INDUSTRIES INC 21 1922 S AKARD ST HURT OLSON ENTERPRISES LLC O 22 1922 S AKARD ST HURT OLSON ENTERPRISES O 23 1903 GOULD ST HURT OLSEN ENTERPRISES 24 1825 GOULD ST STAY ON THE MARK LLC 25 1914 S AKARD ST HURST OLSON ENTERPRISES L 26 1910 S AKARD ST BROCK CHRISTOPHER 27 1904 S AKARD ST BROCK CHRIS O O 16 Z178-131(JM) 03/21/2018 Reply Label # Address Owner 28 1800 S AKARD ST JOHNSON VERTA MAE & 29 1801 GOULD ST SMITH SETH A 30 1414 HICKORY ST LUNA SALVADOR LEPE & 31 1416 HICKORY ST JAMES TERRY A 32 1909 BROWDER ST DEVNATH INVESTMENTS LLC 33 1405 SEEGAR ST SOHO CONSTRUCTION INC 34 1403 SEEGAR ST DANIEL DAVID O 35 1401 SEEGAR ST PURE ICE & COLD STG CO 36 1900 GOULD ST ARMSTEAD LEZELLA S & ET AL 37 1817 BROWDER ST WATKINS GREGORY 38 1819 BROWDER ST WEISFELD RONALD & 41 1418 BEAUMONT ST TAYLOR NAKALAH 43 1420 BEAUMONT ST HENDERSON WILLIAM L 45 1804 GOULD ST BLACKLAND LAND & PROPERTY 46 1808 GOULD ST HALL HARRY VANCE 47 1816 GOULD ST FOSTER ROY 48 1820 GOULD ST DANIEL CRUZ 49 1719 S AKARD ST LONCAR FRANK & CHAROLETTE 50 1721 S AKARD ST PAULOS HENRY & 51 1713 S AKARD ST FUENTES ERNEST AND LUCY O 52 1709 S AKARD ST BOUCHER DANIEL D O 53 1717 GOULD ST MARTINEK MARK K 54 1612 S AKARD ST GALINET DAVID BRUCE O 55 1315 BEAUMONT ST SMITH KATELIN BURTON O 56 1730 S AKARD ST LLOYD SCOTT O 57 1722 S AKARD ST LLOYD SCOTT O 58 1309 BEAUMONT ST SMITH SETH AUSTIN 59 1716 S AKARD ST SOUTHPAW 1712 LLC 60 1715 GOULD ST BLACKLAND LAND & PPTY MGMT LLC 61 1312 MCKEE ST RITETRACK BUILDER INC 62 1709 GOULD ST SHIPBUILD LLC O O O O 17 Z178-131(JM) 03/21/2018 Reply Label # Address Owner 63 1308 MCKEE ST MENDOZA JOSEFINA 64 1704 S AKARD ST AMORY STREET PPTIES LLC SERIES A 65 1410 MCKEE ST ZOHA INVESTMENTS LLC O 66 1419 BEAUMONT ST SEALE JOHN HENRY & O 68 1411 BEAUMONT ST PINA EDELIA O 69 1415 BEAUMONT ST CRAFT KEN & CAROLYN O 71 1704 GOULD ST DIJKMAN CELIA MARIA TRUST O 72 1400 MCKEE ST VELA STEVEN 73 1524 MCKEE ST VIDALES SILVESTER G 74 1522 MCKEE ST VIDALES SILVESTRE & 75 1518 MCKEE ST ALVARADO LIVING TRUST 76 1505 BEAUMONT ST GO URBAN 1 INC 77 1501 BEAUMONT ST GO URBAN 1 INC 78 1520 BEAUMONT ST PULLMAN TILLIE 79 1518 BEAUMONT ST WAYSIDE MISSIONARY BAPTIST CHURCH 81 1510 BEAUMONT ST SALINAS SERVANDO B EST OF 82 1508 BEAUMONT ST DELAFUENTE LUIS 83 1802 BROWDER ST RESOURCE PROFESSIONALS 84 1804 BROWDER ST MATAMORAS ESTABAN 85 1517 HICKORY ST COLLINS PATRICK & MICHAEL 1988 TRUST 86 1818 BROWDER ST MCBRIDE JOHN & 88 1820 BROWDER ST BAKER WILLIAM 89 1509 SEEGAR ST GARTNER MANAGEMENT TRUST THE 90 1900 BROWDER ST HUERTA ESTANISLAO 91 1919 S AKARD ST DIGIT 1919 REALTY PARTNERS LP 92 1213 SILVER MILL DR FAUST JUSTIN A & JASMINE A JOHNSON 93 1223 URBAN LOFTS DR RUDY MASON 94 1218 URBAN LOFTS DR KELLY KEVIN 95 1516 MCKEE ST CARROLL KEYUNA 96 1514 MCKEE ST NUGENT MICHAEL B 97 1512 MCKEE ST RIPPY DARRAH O X 18 Z178-131(JM) 03/21/2018 Reply Label # Address Owner 98 1510 MCKEE ST FREEMAN RICHARD H SR & 99 1508 MCKEE ST REMUS PATRICK L 100 1506 MCKEE ST PARKER AMANDA 101 1504 MCKEE ST WALLACE MICHAEL 102 1502 MCKEE ST KIM SANGHYUN D & HYEREE 103 1500 MCKEE ST ROBINSON PHILLIP T & STEPHANIE 104 1519 BEAUMONT ST GARZA ANTHONY 105 1519 BEAUMONT ST CHESTNUT ROBERT 106 1519 BEAUMONT ST WADDELL ZACHARY C 107 1519 BEAUMONT ST BAKER JAY E II 108 1519 BEAUMONT ST SHIELDS MELISSA 109 1519 BEAUMONT ST FORD MARK C O A1 1802 GOULD ST SMITH SETH O A2 1708 GOULD ST FEIGENSON JEFFREY & O A3 1815 BROWDER ST BROWDER PARK PLACE O A4 1805 BROWDER ST JONES MICHAEL JOHN & DEBORAH SUSAN O A5 1409 SEEGAR ST SOHO CONSTRUCTION INC O A6 1719 GOULD ST RITETRACK BUILDER INC O A7 1701 BROWDER ST ZOHA INVESTMENTS LLC O A8 1514 BEAUMONT ST LOVELADY ENTERPRISES INC O A9 1521 HICKORY ST COLLINS PATRICK & MICHAEL 1988 TRUST O A10 1814 BROWDER ST COLLINS JAMES & LINDSEY O A11 1611 BROWDER ST ALVARADO LIVING TRUST O A12 1416 BEAUMONT ST AMORY STREET PROPERTIES LLC SERIES B O A13 1712 GOULD ST TORRES SAUL & 19 AGENDA ITEM # 65 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 8 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 65 M SUBJECT A public hearing to receive comments regarding an application for and an ordinance granting a CR Community Retail District and a resolution accepting deed restrictions volunteered by the applicant on property zoned an R-7.5(A) Single Family District, on the south line of East Ledbetter Drive, east of South Lancaster Road Recommendation of Staff and CPC: Approval, subject to the deed restrictions volunteered by the applicant Z178-135(SM) Note: This item was deferred by the City Council before opening the public hearing on April 11, 2018, and is scheduled for consideration on June 13, 2018. HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: Z178-135(SM) DATE FILED: November 17, 2017 LOCATION: South line of East Ledbetter Drive, east of South Lancaster Road COUNCIL DISTRICT: 8 MAPSCO: SIZE OF REQUEST: Approx. 0.81 acre CENSUS TRACT: 87.05 65 M OWNER/APPLICANT: Rusty Kasmiersky, Prestige Texas Properties, LLC REPRESENTATIVE: Santos Martinez, Masterplan REQUEST: An application for a CR Community Retail District with deed restrictions volunteered by the applicant on property zoned an R-7.5(A) Single Family District. SUMMARY: The applicant specifically requests to utilize the property as a tunnel car wash use. The applicant also proposes to prohibit certain additional uses and limit hours of operation. CPC RECOMMENDATION: Approval, subject to the deed restrictions volunteered by the applicant. STAFF RECOMMENDATION: Approval, subject to the deed restrictions volunteered by the applicant. 1 Z178-135(SM) BACKGROUND INFORMATION:  The area of request is currently undeveloped.  A single family structure was demolished on the site in the Spring of 2014, according to permit records. Zoning History: There have been no zoning changes in the vicinity in the past five years. Thoroughfares/Streets: Thoroughfare/Street Function Proposed Dimension ROW East Ledbetter Drive Principal Arterial Minimum-6 lanes-divided 100 feet Traffic: The Engineering Division of the Sustainable Development and Construction Department has reviewed the request and determined that the proposed development will not have a negative impact on the surrounding street system. COMPREHENSIVE PLAN: The fowardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The fowardDallas! Comprehensive Plan outlines several goals and policies which can serve as a framework for assisting in evaluating the applicant’s request. The request does not support or obstruct the Plan’s goals or policies. Economic Element GOAL 2.1 PROMOTE BALANCED GROWTH Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions. GOAL 2.4 CREATE AND MAINTAIN BUSINESSES AND ENTREPRENEURS AN ENVIRONMENT FRIENDLY TO Policy 2.4.2 Restore Dallas as the premier city for conducting business within the region. 2 Z178-135(SM) STAFF ANALYSIS: Land Use Compatibility: The site is relatively flat and contains a grassy area that is physically connected to a retail structure and surface parking lot to the west. Additional retail uses are located on the north line of East Ledbetter Drive. A child-care facility is located to the east and single family uses abut the property to the south. The site is located on a lot that is 90 feet wide and approximately 396 feet deep, similar in size and shape to the adjacent single-family zoned lots. The applicant requests a CR Community Retail District in lieu of a NS Neighborhood Services District because the NS District prohibits a car wash use. Staff supports the request because the applicant has volunteered deed restrictions to 1) prohibit certain CR district uses and 2) limit the hours that the car wash may be open to the public from 8:00 a.m. to 8:00 p.m. daily. The list of prohibited uses is as follows:  Hotel or motel.  Alcoholic beverage establishment.  Lodging or boarding house.  Liquor store.  Overnight general purpose shelter.  Pawn shop.  Alternative financial establishment.  Swap or buy shop. The following uses are prohibited in the existing zoning district [R-7.5(A) Single Family District] and are allowed with an SUP in the proposed zoning district [CR Community Retail District]. These uses would require consideration by the City Plan Commission and City Council before they are allowed; therefore, staff supports the applicant’s request to not restrict these uses.  Medical or scientific laboratory.  General merchandise or food store 100,000 square feet or more.  Hospital.  Paraphernalia shop.  Attached non-premise sign.  Mini-warehouse.  Commercial amusement (outside).  Recycling buy-back center.  Convenience store with drive-through.  Recycling collection center. Because the site abuts a CR District and an established child-care facility on all but one side and because any development on the site will require landscape buffering and screening elements where adjacent to residential properties, staff supports the following two sections of the request. However, staff has also encouraged the applicant to extend the hours of operation to other permitted retail and personal service uses, but the applicant has declined to volunteer these restrictions at this time. 3 Z178-135(SM) The following uses require an SUP in the existing zoning district [R-7.5(A) Single Family District] and are allowed without an SUP or an RAR1 in the request.           Adult day care facility. Child-care facility. College, university, or seminary. Convent or monastery. Country club with private membership. Private recreation center, club, or area. Electrical substation. Police or fire station. Post office. Monopole cellular towers when 65 feet or less tall The applicant has not volunteered deed restrictions to prohibit the following uses that are prohibited in the existing R-7.5(A) Single Family District. The following uses noted require an RAR or a DIR2 in the CR District.  Building repair and maintenance shop. [RAR]  Catering service.  Custom business services.  Electronics service center.  Tool or equipment rental.  Library, art gallery, or museum.  Public school other than an open-enrollment charter school. [RAR required in CR; SUP required in R-5(A)]  Financial institution without drive-in window.  Financial institution with drive-in window. [DIR]  Medical clinic or ambulatory surgical center.  Office.  Ambulance service. [RAR]  Animal shelter or clinic without outside runs. [RAR]  Auto service center. [RAR]  Business school.  Car wash. [DIR]  Commercial amusement (inside). [SUP required for dance halls in CR, other types by right]  Commercial parking lot or garage. [RAR] 1  Dry cleaning or laundry store.  Furniture store.  General merchandise or food store 3,500 square feet or less.  General merchandise or food store greater than 3,500 square feet.  Home improvement center, lumber, brick or building materials sales yard. [DIR]  Household equipment and appliance repair.  Mortuary, funeral home, or commercial wedding chapel.  Motor vehicle fueling station.  Nursery, garden shop, or plant sales.  Personal service uses.  Restaurant with drive-in or drive-through service. [DIR]  Restaurant without drive-in or drive-through service. [RAR]  Temporary retail use.  Theater.  Commercial radio and television transmitting station.  Tower/antenna for cellular communication. [RAR required for monopole towers when 65 feet or less tall] An RAR is an administrative review that could recommend approval with limited conditions with the intention to lessen negative impacts on nearby residential property. 2 A DIR is a development impact review. This review is an administrative review that evaluates if the traffic patterns of the proposed development would adversely impact the surrounding roadways. 4 Z178-135(SM) Surrounding Land Uses: Zoning Land Use Site R-7.5(A) Undeveloped North CR Retail East R-7.5(A), SUP No. 663 Child-Care Facility South R-7.5(A) Single Family West CR Retail Development Standards: DISTRICT SETBACKS Front R-7.5(A) Single FamilyExisting CR Community retail Proposed Side/Rear Density Height Lot Coverage Res: 45% Other: 25% 25’ Res: 5’ Other: 20’ 1 Dwelling Unit/ 7,500 sq. ft. 30’ 15’ 20’ adjacent to residential OTHER: No Min. 0.75 FAR overall 0.5 office 54’ 4 stories 60% Special Standards PRIMARY Uses Single family Proximity Slope Visual Intrusion Retail & personal service, office Landscaping: Landscaping, when triggered, will be in accordance with Article X, as amended. 5 Z178-135(SM) Prior CPC Action – March 1, 2018: Motion: It was moved to recommend approval of a CR Community Retail District with deed restrictions volunteered by the applicant, subject to deed restrictions volunteered by the applicant on property zoned an R-7.5(A) Single Family District on the south line of East Ledbetter Drive, east of South Lancaster Road. Maker: Rieves Second: Housewright Result: Carried: 13 to 0 For: 13 - West, Rieves, Houston, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: Notices: Replies: Speakers: Area: For: 0 1 - Schultz 1 - District 8 200 1 Mailed: 13 Against: 0 None 6 Z178-135(SM) CPC Recommended Volunteered Deed Restrictions II. The Owner does hereby impress all of the Property with the following deed restrictions ("restrictions"), to wit: (1) The following uses are prohibited on the Property: --------- (2) Hotel or motel. Lodging or boarding house. Overnight general purpose shelter. Alternative financial establishment. Alcoholic beverage establishment. Liquor store. Pawn shop. Swap or buy shop. A car wash may only be open to the public between 8:00 a.m. and 8:00 p.m., Monday through Sunday. 7 Us? d~0$ PA (33? PEEL 5C0 296? 0? 9? Q. y90%66?? Q. $0 0Q. 95 (3.9 ?ew ?2 Five Mile Creek (N YD A VICINITY MAP . 1 2/1 4/201 7 Date. 124,800 AERIAL MAP Case no: Date: 2178-135 12/14/2017 (0771 (a 01> 989% 4835) 7?3? 20$ 9? 0% Retail 06" - ?9 Parking Q) ,2 Child- Care Facility SUP 663 CR 1)?1 SUP 1884 Retail Parking 1) Single Family ff 65?ch SUP SUP 1258 1438 a 9n i ZONING Case no: 2178-135 1.2 400 AND LAND USE Date: 12,14,2017 7 10 CFC FrProper?ry Owners No?fied (14 parcels) 1 Replies in Favor (1 parcels) 2178-135 0 Replies in Opposition (0 parcels) 200? Area of No?fica?rion 6P6 3/1/2018 Dafe 112,400 11 Z178-135(SM) 02/28/2018 Reply List of Property Owners Z178-135 13 Property Owners Notified 1 Property Owners in Favor Reply Label # Address O 0 Property Owners Opposed Owner 1 2148 E LEDBETTER DR PRESTIGE TEXAS PPTIES LLC 2 2200 E LEDBETTER DR SHAHN PLACE INC 3 2201 E LEDBETTER DR FIREBRAND PROPERTIES LP 4 2206 E LEDBETTER DR NORMAN WILLIAM & RITA 5 2139 56TH SNEED GAIL ANN & 6 2149 56TH SNEED GAY & 7 2155 56TH DANIELS GERTRUDE 8 2207 E LEDBETTER DR CENTURY LEDBETTER LLC 9 5050 S LANCASTER RD AIN2013 TX DALLAS LLC 10 2131 E LEDBETTER DR UPCS DEVELOPMENT LLC 11 2217 56TH ST UNION HOPE INSTITUTIONAL 12 2130 E LEDBETTER DR MYDAL LLC 13 2137 56TH ST METROPOLITAN AME CHURCH 12 AGENDA ITEM # 66 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): All DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: All SUBJECT A public hearing to receive comments regarding consideration of amendments to Chapter 51A of the Dallas Development Code, Article XIII, “Form Districts,” to amend regulations pertaining to access to transit, self-service storage uses, administrative waivers, story height, stoops and front porches, structured parking, single family districts, street frontage, landscaping, and off-street loading and an ordinance granting the amendments Recommendation of Staff and CPC: Approval DCA 178-002 HONORABLE MAYOR & CITY COUNCIL FILE NUMBER: DCA 178-002 WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry DATE INITIATED: September 25, 2017 TOPIC: Revisions to Article XIII CITY COUNCIL DISTRICTS: All CENSUS TRACTS: All PROPOSAL: Consideration of amending Chapter 51A of the Dallas Development Code, Article XIII, “Form Districts,” to amend regulations pertaining to access to transit, self-service storage uses, administrative waivers, story height, stoops and front porches, structured parking, single family districts, street frontage, landscaping, and off-street loading. SUMMARY: The proposal focuses on amendments to the Article XIII, Form Districts to ensure consistency between text and graphics, provide flexibility to address common issues, and provide clarification on certain requirements. This is the first of two planned revisions to Article XIII. CPC RECOMMENDATION: Approval STAFF RECOMMENDATION: Approval 1 DCA 178-002 BACKGROUND On February 25, 2009, the City Council approved the creation of Article XIII, “Form Districts” to establish standard zoning to encourage walkable, mixed use development consistent with the forwardDallas! vision. On August 12, 2015, the City Council approved revisions to Article XIII, “Form Districts” for non-conforming structures, artifical lots, planting zones, blocks, and pedestrian passage. On September 25, 2017, the City Council Mobility Solutions, Infrastructure and Sustainability Committee was briefed on the need for minor revisions to Article XIII to account for unique uses and development scenarios. The committee directed staff to develop proposed amendments. The Zoning Ordinance Advisory Committee (ZOAC) was briefed on proposed revisions to Article XIII and considered this item at two public meetings: October 19, 2017 and November 9, 2017. On November 9, 2017 the committee recommended approval for the proposed revisions to Article XIII. On January 18, 2018, the City Plan Commission considered the proposal and recommended approval. On April 23, 2018, the City Council Mobility Solutions, Infrastructure and Sustaintability Committee was briefed on the proposal and recommended forwarding to City Council for consideration. GENERAL INFO/STAFF ANALYSIS This is the first of two planned revisions to Article XIII. This first round of revisions focuses on changes in the code to ensure consistency, provide flexibility to address common issues, and provide clarification on certain requirements. The second round of revisions will include the examination and larger discussion on uses, parking requirements, and parking setbacks in certain Development Types. The second round of revisions will include community meetings and larger discussions with the community and other interested parties. Each item in the staff proposal was included in the first round of amendments to: a) Ensure consistency between text and pictures • Stoops and Front Porches b) Provide flexibility to address common issues • Front Setback Area - Administrative Waiver • Story Height • Relief from Required Street Frontage 2 DCA 178-002 c) Provide clarification on requirements • Parking Reductions – Access to Transit • Structured Parking • Clarification of Single Family Districts • Planting Zone • Off-Street Loading • SUP for Self-Service Storage Use PROPOSAL To amend Article XIII regulations to ensure consistency, provide flexibilty to address common issues, and provide clarification on certain requirements. 1) Stoops and Front Porches To ensure consistency between the text and associated graphics and add the apartment development type to the building elements for stoops and front porches. The inclusion of the apartment development type for stoops and front porches allows additional design flexibility to be incorporated in new development. (e) Stoops. (1) Stoops are permitted on townhouse stacked, townhouse, manor house, apartment, and single-family house development types. (f) Front Porches. (1) Front porches are permitted on townhouse stacked, townhouse, manor house, apartment, and single-family house development types. (2) A front porch must be a minimum of six feet deep (not including the steps). (3) A front porch must be contiguous with a width not less than 50 percent of the building facade from which it projects. No minimum required on apartment development type. 3 DCA 178-002 Example of revision to ensure consistency between text and graphic: 2) Administrative Waiver – Front Setback Area Provide flexibility to deviate from the front setback requirements if development cannot feasibly occur due to existing utilities or street easements. An administrative waiver may be granted by the director if there is an existing hardship as explained in the language below that does not conflict with the stated purpose of Article XIII and will be compatible with surrounding land uses. Administrative waiver (a) The director may grant a deviation from the front setback area regulations if: (1) The front setback area cannot be met due to interference with service provided by a public utility or state regulated entity for the transmission of power, fuel, water, or communication services; or (2) The front setback area cannot be met due to street easements (b) In determining whether to grant a deviation under Subsection (a), the director shall consider whether or not the result of the requested relief: (1) is consistent with the purposes of Article XIII as stated in Sec. 51A-13.101 (2) will complement or be compatible with the surrounding uses and community facilities, (3) will contribute to, enhance, or promote the welfare of the area of request and adjacent properties, (4) will not be detrimental to the public health, safety, or general welfare, and (5) will conform in all other respects to all applicable zoning regulations and standards. 4 DCA 178-002 3) Story Height This amendment is intended to provide flexibility to account for unique uses and emphasize form in terms of facade appearance and the pedestrian public realm. Rather than measure story height as an interior measurement (finished floor to finished floor), story height shall be measured as an exterior measurement (horizontal facade articulation break) to simulate individual stories on the exterior. This will allow flexibility for uses that do not follow standard floor spacing (multi-level fitness centers, theaters, etc.). • Story Height • Ground s[S]tory height is measured from the ground story finished floor to the top of the ground story horizontal facade articulation break. top of the finished floor to the top of the finished floor above or, if there is no floor above, to the midpoint of the vertical dimension of the roof. • Upper story height is measured from the top of the ground story horizontal facade articulation break to the top of each additional upper story horizontal facade articulation break Minimum ground story height requirements apply to the first 30 feet of the building measured inward from the street-facing facade. • At least 80 percent of each [upper] story must meet the minimum and maximum ground and upper-story height provisions. The definition of “Horizontal Facade Articulation” would mean the interval on a primary or side street facing facade that differentiates the ground story, upper story, and each additional upper story as applicable. Horizontal facade articulation includes but is not limited to; overhangs, shadow lines, change in material, color, pattern, texture, or any variation of treatments that simulate individual stories. In each applicable “Development Type,” the following language would change to account for the revised measurement definition: • Replace “Measured from floor to floor” to “Measured from floor to horizontal facade articulation” for Ground-Story Transparency section and replace “Measured from floor to floor” to “Measured from horizontal facade articulation to horizontal facade articulation” for Upper-Story Transparency section in each development type with applicable language. 4) Relief from Required Street Frontage Provide flexibility to deviate from the required street frontage regulations if development cannot feasibly occur due to a substantial hardship, does not conflict with the stated purpose of Article XIII, and will be compatible with surrounding land uses. Deviations from the required street frontage may be approved at a public hearing with public notice procedure. (1) The city plan commission may approve a site plan at a public hearing that does not comply with the required street frontage regulations in this section if: 5 DCA 178-002 (A) strict compliance with these requirements are impractical due to site constraints or would result in substantial hardship; (B) the variation or exception from the street frontage requirements will not adversely affect surrounding properties. (C) the site plan furthers the stated purpose of Article XIII as described in SEC. 51A-13.101(b); (2) A site plan that deviates from required street frontage must follow the public notice procedure with a public hearing in accordance with SEC. 51A4.702(h)(2)(C). 5) Parking Reductions – Access to Transit Provide clarification on the parking reduction requirements related to “access to transit.” This amendment is needed to allow Building Inspection to differentiate between “Rail Transit Station Access” and “Bus or Trolley Transit.” Existing and future transit on a fixed rail system (Ex. Dallas Streetcar) will be classified under the “Rail Transit Station Access” for the purposes of parking reductions in Article XIII. • A stop on a fixed rail system is considered a rail transit station 6) Structured Parking Provide clarification to structured parking transparency. Add language that structured parking transparency is not required to be filled with glass. Current definition: TRANSPARENCY means the total area of window and door opening filled with glass, expressed as a percentage of the total facade area by story. (a)(3) Parking Setbacks and Access (D) Structured parking must contain active uses on the ground story along any -SH overlay or any primary street for the first 30 feet of the building measured inward from the street-facing facade. There is no active ground-story use requirement for structured parking along a service street. (i) Structured parking transparency is not required to be filled with glass. 7) Clarification of “Single Family Districts” Provide clarification that a “single family district” means a “residential district other than multifamily” for the purposes of the parking setback, side setback, and rear setback in each applicable development type. The current language does not account for D(A), TH(1-3)(A), CH, or RTN when referring to a “single family district” in Article XIII. • For each applicable development type, language under Parking Setback, Side Setback, and Rear Setback to be amended as follows: Abutting single-family district residential districts other than multifamily (min ft) 6 DCA 178-002 • • Development Types requiring language amendment under Parking Setback, Side Setback, and Rear Setback include: o Mixed Use Shopfront o Single-Story Shopfront o General Commercial o Apartment o Townhouse Stacked o Townhouse o Civic Building Development Types requiring language amendment under Side Setback and Rear Setback include: o Manor House o Single-family House o Open Space Lots 7 DCA 178-002 Example of revision when applicable in each development type: residential districts other than multifamily 8 DCA 178-002 Example of revision when applicable in each development type: residential districts other than multifamily 9 DCA 178-002 Additionally, the clarification that a “single family district” means a “residential district other than multifamily” is needed in the section below: (4) Restaurant and Bar Uses. No parking reduction for access to transit is allowed for restaurant or bar uses located within a 600-foot radius of the property in a single family district residential district other than multifamily. For purposes of this subparagraph, distance is measured from the primary entrance of the bar or restaurant use to the nearest point of the property in a single family district residential district other than multifamily. 8) Planting Zone Provide clarification for the planting location of small trees used to meet street tree requirements when allowed to be planted in the door yard setback due to utility conflicts. SEC. 51A-13.501 GENERAL PROVISIONS (a) Planting Zone. (3) Where utilities exist or are proposed, two small trees may replace a required large canopy tree except where a mixed-use shopfront or singlestory shopfront is proposed or required. If the replacement small trees conflict with utilities and cannot be planted within the planting zone, the replacement small trees must be planted within the door yard, but no closer than 10 five feet from the building facade. Replacement small trees must be planted as evenly spaced as possible considering utility conflicts. 9) Off-Street Loading Provide clarification that off-street loading must be located behind the parking setback. Current regulations do not require off-street loading be provided for any use and do not designate where it can be located, if provided. SEC. 51A-13.411 Off-Street Loading (b) Location and Design Standards. If off-street loading is provided, it must meet the following standards. (A) Ingress to and egress from off-street loading spaces must have at least the same vertical height clearance as the off-street loading space. (B) Each off-street loading space must be designed with a reasonable means of vehicular access from the street or alley in a manner which will least interfere with traffic movement. (C) Each off-street loading space must be independently accessible so that no loading space blocks another loading space. 10 DCA 178-002 (D) Trash removal facilities and other structures must not block a loading space. The design of the ingress, egress, and maneuvering area must be approved by the director. (E) Off-street loading must be located behind parking setback 10) SUP for Self-service storage use • ZOAC and CPC recommended addressing “self-service storage uses” in this round of amendments. Self-service storage use is permitted by SUP only in the upper stories of the Mixed Use Shopfront development type and in all stories of the General Commercial development type. 11 DCA 178-002 CPC ACTION: January 18, 2018 Motion: It was moved to recommend approval of amending Chapter 51A of the Dallas Development Code, Article XIII, “Form Districts,” to amend regulations pertaining to access to transit, self-service storage uses, administrative waivers, story height with a modification to change “horizontal facade articulation to “vertical facade articulation”, stoops and front porches, structured parking, single family districts, street frontage, landscaping, and off-street loading. Maker: Shidid Second: Murphy Result: Carried: 10 to 0 For: Against: Absent: Vacancy: Speakers: 10 - Rieves, Shidid, Carpenter, Lavallaisaa, Jung, Schultz, Peadon, Murphy, Ridley, Tarpley 0 5 - West, Houston, Davis, Mack, Housewright 0 None 12 DCA 178-002 5-10-18 ORDINANCE NO. __________ An ordinance amending Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Sections 51A-13.201, 51A-13.302, 51A-13.304, 51A-13.305, 51A-13.306, 51A-13.403, 51A-13.411, and 51A-13.501; providing new and amended definitions; providing an amendment to story height regulations; providing an administrative waiver for front setback area; providing relief from required street frontage regulations; amending the parking, side, and rear setbacks to be from residential districts in certain development types; amending how story transparency is measured; allowing stoops and front porches for apartments; correcting the graphic detailing stoops; replacing the use chart; clarifying the term “rail transit station”; amending parking reductions for restaurant and bar uses for distance within a residential district; providing that off-street loading must be located behind the parking setback; decreasing planting zones for small replacement trees; 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 Section 51A-13.201, “Defined Terms,” of Division 51A-13.200, “Definitions,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: 13 DCA 178-002 Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Paragraph (15.1) to read as follows: “(15.1) HORIZONTAL FACADE ARTICULATION means the interval on a primary or side street facing facade that differentiates the ground story, upper story, and each additional upper story as applicable. Horizontal facade articulation includes, but is not limited to, overhangs, shadow lines, change in material, color, pattern, texture, or any variation of treatments that simulate individual stories.” SECTION 2. That Paragraph (34) of Section 51A-13.201, “Defined Terms,” of Division 51A-13.200, “Definitions,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(34) TRANSPARENCY means the total area of window and door opening filled with glass, expressed as a percentage of the total facade area by story, except that structured parking transparency is not required to be filled with glass.” SECTION 3. That Subsection (d), “Story Height,” of Section 51A-13.302, “Height,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(d) Story Height. (1) Ground s[S]tory height is measured from the ground story finished floor to the top of the ground story horizontal facade articulation break [top of the finished floor to the top of the finished floor above or, if there is no floor above, to the midpoint of the vertical dimension of the roof]. (2) Upper story height is measured from the top of the ground story horizontal facade articulation break to the top of each additional upper story horizontal facade articulation break. [Minimum ground story height requirements apply to the first 30 feet of the building measured inward from the street-facing facade.] (3) At least 80 percent of each [upper] story must meet the minimum and maximum ground- and upper-story height provisions.” 14 DCA 178-002 SECTION 4. That of Subsection (a), “General,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Paragraph (5), “Administrative Waiver – Front Setback Area,” to read as follows: “(5) Administrative Waiver – Front Setback Area. (A) The director may grant a deviation from the front setback area regulations if: (i) the front setback area cannot be met due to interference with service provided by a public utility or state regulated entity for the transmission of power, fuel, water, or communication services; or (ii) the front setback area cannot be met due to street easements. (B) In determining whether to grant a deviation under Subparagraph (A), the director shall consider whether or not the result of the requested relief: (i) is consistent with the purposes of Article XIII as stated in (ii) will complement or be compatible with the surrounding uses Section 51A-13.101; and community facilities; (iii) will contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (iv) will not be detrimental to the public health, safety, or general (v) will conform in all other respects to all applicable zoning welfare; and regulations and standards.” SECTION 5. That of Subsection (a), “General,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City 15 DCA 178-002 Code is amended by adding a new Paragraph (6), “Relief from Required Street Frontage,” to read as follows: “(6) Relief from Required Street Frontage. (A) The city plan commission may approve a site plan at a public hearing that does not comply with the required street frontage regulations in this section if: (i) strict compliance with street frontage requirements are impractical due to site constraints or would result in substantial hardship; (ii) the variation or exception from the street frontage requirements will not adversely affect surrounding properties; and (iii) the site plan furthers the stated purpose of Article XIII as described in Section 51A-13.101(b). (B) A site plan that deviates from required street frontage must follow the public notice procedure with a public hearing in accordance with Section 51A-4.702(h)(2)(C).” SECTION 6. That Paragraph (4), “Use and Placement,” of Subsection (b), “Mixed Use Shopfront,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 16 DCA 178-002 SECTION 7. That Paragraph (5), “Height and Elements,” of Subsection (b), “Mixed Use Shopfront,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District 17 DCA 178-002 Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: SECTION 8. That Paragraph (4), “Use and Placement,” of Subsection (c), “Single-Story Shopfront,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District 18 DCA 178-002 Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 19 DCA 178-002 SECTION 9. That Paragraph (5), “Height and Elements,” of Subsection (c), “Single Story Shopfront,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: SECTION 10. That Paragraph (4), “Use and Placement,” of Subsection (d), “General Commercial,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District 20 DCA 178-002 Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 21 DCA 178-002 SECTION 11. That Paragraph (5), “Height and Elements,” of Subsection (d), “General Commercial,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 22 DCA 178-002 SECTION 12. That Paragraph (4), “Use and Placement,” of Subsection (e), “Apartment,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 23 DCA 178-002 SECTION 13. That Paragraph (5), “Height and Elements,” of Subsection (e), “Apartment,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District 24 DCA 178-002 Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 25 DCA 178-002 SECTION 14. That Paragraph (4), “Use and Placement,” of Subsection (f), “Townhouse Stacked,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 26 DCA 178-002 Sec - 51A-13.300 Regulations. Ts townhouse stacked (4) Use and Placement. BUILDING USE A summary of permitted uses by story is shown on the left. For a complete list of permitted uses, see Section 51 A- I 3.306, 'Uses." Residential BUILDING PLACEMENT Residential LOT Area (min sf) 1,200 Resldentlal, Civic, Of?ce Area (max sf) none (min ft) 16 USE Width (max ft) none (section view) Lot coverage (max) 80% red treetfro I 70% FRONT SETBACK AREA Requ age (m Primary street (min/ max ft) 5/1 5 Front setbadt area (mm/rm): 5715' Side street (min/max ft) 5/15 Padang setback 30' Service street (min/max none Rear setbadt (min): varies I REQUIRED STREET FRONTAGE Primary street (min) 70% Sidestreet(min) 40% lde 5m (mln). varies Ft Service street (min) none PARKING SETBACK Side] II From primary street (mln ft) 30 A setback From Slde street (min ftFrom serVIce street Sideh?lk {anally (mln ft) Abutting multifamily or nonresidential district 5 E. or alley (min It) mm ?9 i SIDE SETBACK Front setbadtarea Abutting residential districts other than multi? 10 5' family [single-familydistriet] (min ft) Abutting multifamily or nonresidential district . 0 or 5 (mln ft) . . . . . Abutting alley (min ft) 5 REAR SETBACK Required street frontage Abutting residential districts other than multi? 24 (min): 40% My [909% (mm ft) SIDE STREET Abutting multifamily or nonresidential district 24 (min ft) PLACEMENT Abutting alley (in 3 or 20 (plan or more Abutting service street (ft) 3 or 20 or more 27 DCA 178-002 SECTION 15. That Paragraph (5), “Height and Elements,” of Subsection (f), “Townhouse Stacked,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 28 DCA 178-002 SECTION 16. That Paragraph (4), “Use and Placement,” of Subsection (g), “Townhouse,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 29 DCA 178-002 Sec 51A-13.303 townhouse (4) Use and Placement. Residential Resldentlal USE (section view) Requked street frontage (mln): 70% Front setbadr area (min/max): 5' setbadt 30f Rear sewadt (mln): varies I 3 .. .. lotllne I Slde setback (mln): varies Sldebt Ilne 4? (min/max): 9/1 5' Sldesetbadt 5 . El 2 15. Sldeetllne 5 Frontsetbackaea Requlred street frontage (mln): 40% SIDE STREET PLACEMENT (plan view) SECTION 17. 3O STA-13.300 Reguatlons. BUILDING USE A summary of permitted uses is shown on the left. For a complete list of permitted uses, see Section STA-13.306, 'Uses." BUILDING PLACEMENT LOT Area (min sf) 1,200 Area (max sf) none Width (min ft) 16 Width (max ft) none Lot coverage (max) 80% FRONT SETBACK AREA Primary street (min/max ft) 5/15 Side street (min/max ft) 5/15 Service street (min/max ft) none REQUIRED STREET FRONTAGE Primary street (min) 70% Side street (min) 40% Service street (min) none PARKING SETBACK From primary street (min ft) 30 From side street (min ft) 5 From service street (min 5 Abutting WM 10 family [single-familydist?ct} (min ft) Abutting multifamily or nonresidential district 5 or alley (min ft) SIDE SETBACK Abutting residential districts other than multi- my [shgle-familydistfict] (min ft) 1? Abutting multifamily or nonresidential district 0 5 (min ft) Abutting alley (min ft) 5 REAR SETBACK Abutting residential districts other than multi- Lam?y (min ft) 2? Abutting multifamily or nonresidential district 24 (min ft) Abutting alley 3 or 20 or more Abutting service street (ft) 3 or 20 or more That Paragraph (5), ?Height and Elements,? of Subsection DCA 178-002 “Townhouse,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 31 DCA 178-002 SECTION 18. That Paragraph (4), “Use and Placement,” of Subsection (h), “Manor House,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 32 DCA 178-002 SECTION 19. That Paragraph (5), “Height and Elements,” of Subsection (h), “Manor House,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 33 DCA 178-002 SECTION 20. That Paragraph (4), “Use and Placement,” of Subsection (i), “Single-Family House,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 34 DCA 178-002 SECTION 21. That Paragraph (5), “Height and Elements,” of Subsection (i), “Single Family House,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 35 DCA 178-002 SECTION 22. That Paragraph (4), “Use, Height, and Placement,” of Subsection (j), “Civic Building,” of Section 51A-13.304, “Development Types,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: 36 DCA 178-002 SECTION 23. That Paragraph (1) of Subsection (e), “Stoops,” of Section 51A-13.305, “Building Elements,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(1) Stoops are permitted on townhouse stacked, townhouse, manor house, apartment, and single-family house development types.” SECTION 24. That the graphic in Subsection (e), “Stoops,” of Section 51A-13.305, “Building Elements,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is replaced with the following graphic: SECTION 25. That Paragraph (1) of Subsection (f), “Front Porches,” of Section 51A13.305, “Building Elements,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(1) Front porches are permitted on townhouse stacked, townhouse, manor house, apartment, and single-family house development types.” SECTION 26. That Paragraph (3) of Subsection (f), “Front Porches,” of Section 51A13.305, “Building Elements,” of Division 51A-13.300, “District Regulations,” of Article XIII, 37 DCA 178-002 “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(3) Except as provided in this paragraph, a [A] front porch must be contiguous with a width not less than 50 percent of the building facade from which it projects. This provision does not apply to the apartment development type.” SECTION 27. That the Use Chart in Subsection (b), “Use Chart,” of Section 51A-13.306, “Uses,” of Division 51A-13.300, “District Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is replaced with the following Use Chart to show that self-service storage uses are to be allowed by SUP only in Mixed Use Shopfront (upper stories) and General Commercial Districts: 38 DCA 178-002 Division stkinoo. Mutt aegulaions. Sec. va;.306. Uses. Use Chart PRINCIPAL Us: Use Cartoon let?amily livin ?(CHIGroup living (cm) ?gmur?ty service. except Muscwanmy I I I I (cm) {Jim's . (519; {$919999 I - i. Government service. except as 1 0" listed belowt?ecwrs fo =1 a . I Transit station I I . I Utilities . I (ch I PlaoeofWorship l?aceofV/orship I I I I I Of?ce lyedkal I I I iOf?ce I I I I 1 Drive-that facility i a a Restaurant or Bat I I I Reta-l . - - Beams: .- t. 191?? I 1 Mick I I I 1 lCommercial amusement (inside) i Service and iIridoorfeitteation . i I I Entettainment Personal semce. except as listed . - . TCommevcifpading I I I Passenget iemninal limited to a a a Commerce I "95909 . i - - 59.9? Self-service stocage I: 19?s.? wa?stv'i'is - Fabdcation i Research and development I i Key: I - Pevmitted - Specific Use Permit Btank Cell - Not Peimltted OCA 078-0" (Cleatlon of Article Mk? fovm Districts 3'55 39 DCA 178-002 SECTION 28. That Paragraph (1), “Rail Transit Station Access,” of Subsection (c), “Access to Transit,” of Section 51A-13.403, “Parking Reductions,” of Division 51A-13.400, “Parking Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Subparagraph (C) to read as follows: “(C) For purposes of this paragraph, a stop on a fixed rail system is considered a rail transit station.” SECTION 29. That Paragraph (4), “Restaurant and Bar Uses,” of Subsection (c), “Access to Transit,” of Section 51A-13.403, “Parking Reductions,” of Division 51A-13.400, “Parking Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(4) Restaurant and Bar Uses. No parking reduction for access to transit is allowed for restaurant or bar uses located within a 600-foot radius of the property in a residential district other than multifamily [single family district]. For purposes of this subparagraph, distance is measured from the primary entrance of the bar or restaurant use to the nearest point of the property in a residential district other than multifamily [single family district].” SECTION 30. That Subsection (b), “Location and Design Standards,” of Section 51A13.411, “Off-Street Loading,” of Division 51A-13.400, “Parking Regulations,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended by adding a new Subparagraph (E) to read as follows: “(E) Off-street loading must be located behind the parking setback.” SECTION 31. That Paragraph (4) of Subsection (a), “Planting Zone,” of Section 51A13.501, “General Provisions,” of Division 51A-13.500, “Minor Streets and Streetscapes,” of Article XIII, “Form Districts,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, 40 DCA 178-002 as amended,” of the Dallas City Code is amended by adding a new Subparagraph (C) to read as follows: “(4) Where utilities exist or are proposed, two small trees may replace a required large canopy tree except where a mixed-use shopfront or single-story shopfront is proposed or required. If the replacement small trees conflict with utilities and cannot be planted within the planting zone, the replacement small trees must be planted within the door yard, but no closer than five [10] feet from the building facade. Replacement small trees must be planted as evenly spaced as possible considering utility conflicts.” SECTION 32. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 33. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 34. That any act done or right vested or accrued, or any proceeding, suit, or prosecution had or commenced in any action before the amendment or repeal of any ordinance, or part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part thereof, and shall be treated as still remaining in full force and effect for all intents and purposes as if the amended or repealed ordinance, or part thereof, had remained in force. SECTION 35. 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. 41 DCA 178-002 SECTION 36. 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: LARRY E. CASTO, City Attorney By__________________________________ Assistant City Attorney Passed______________________________ 42 AGENDA ITEM # 67 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): All DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: All SUBJECT A public hearing to receive comments regarding consideration of amendments to Chapter 51 and Chapter 51A of the Dallas Development Code: (1) Article IX to create regulations to allow ceremonial street naming; and (2) Article I to establish fees for ceremonial street naming and amend fees for street name change and an ordinance granting the amendments Recommendation of Staff and CPC: Approval DCA 178-004 HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: DCA 178-004 DATE INITIATED: December 14, 2017 TOPIC: Ceremonial Street Naming CITY COUNCIL DISTRICTS: All CENSUS TRACTS: All PROPOSAL: Consideration of amending Chapter 51 and Chapter 51A of the Dallas Development Code: (1) Article IX to create regulations to allow ceremonial street naming; and (2) Article I to establish fees for ceremonial street naming and amend fees for street name change. SUMMARY: The proposal will allow for ceremonial street naming to honor an individual by adding a ceremonial plaque as a topper on street signs. The ceremonial street naming will not change the existing name of the street, addressing, or impact emergency services. Ceremonial street naming toppers will be unique in design and style, different from existing street name signs. The proposed ordinance establishes the fee for the ceremonial street naming process and amends the fee for a street name change. CPC RECOMMENDATION: Approval STAFF RECOMMENDATION: Approval 1 DCA 178-004 BACKGROUND: City Council members or a citizen often request to rename a street to honor and in recognition of a community leader. Currently, this can be done only through the street naming and name change process defined in Division 51A-9.300 of code. Examples of such street name changes are the 200 to 2700 blocks of South Central Expressway changed to Cesar Chavez Street; Education Way changed to Ebby Halliday Road, etc. The street name change is a lengthy process, requiring review from fourteen departments, and impacting addressing, emergency services, mapping, and disruption of abutting businesses. Cities like Baltimore, Boston, Columbus, Chicago, Greenville, Houston, New York, New Orleans, and San Diego have policies allowing a person to be honored by placing street toppers on existing streets instead of renaming the street. These street toppers are placed on existing street signs. The intent of the proposal is to provide a simple process to honor a community leader that will not impact addressing and emergency services by adding ceremonial plaques as toppers on street signs. A ceremonial street naming topper will be unique in design and style, different from existing street name signage. In establishing the fee for the new program ceremonial street naming, the existing street name change fee was evaluated. The fee for a street name change has not been updated in the past ten years and consequently does not accurately reflect the cost associated with the time involved in processing a street name change. After thorough analysis, the application fee for ceremonial street naming and an amended fee for a street name change are proposed. RESEARCH/STAFF ANALYSIS: Many cities have policies to honor an individual/groups for their services to local/national life via street naming. These policies are similar to the current City of Dallas Historic Street name change process. This process impacts addressing and emergency services. The goal is to develop a process that honors a leader for their community service yet will not impact addressing and emergency services. Surrounding cities: Allen, Arlington, Cedar Hill, Duncanville, Fort Worth, Garland, Grand Prairie, Irving, Mesquite, McKinney, Plano and Richardson; and Index cities: San Antonio, Austin, Philadelphia, Phoenix, San Jose, and El Paso, do not have an alternative process for honoring individuals that doesn’t impact addressing, emergency services, and mapping. However, Baltimore, Boston, Columbus, Chicago, Greenville, TX, Houston, New York, New Orleans, and San Diego do have policies that honor an individual that has contributed to the local and national life. Their policies outline the application and petition requirements and must be approved by the City Council or by their designated community 2 DCA 178-004 board. The designs (color, dimension and shape) of the commemorating signs are different and subordinate to their standard street name signs. PROPOSAL: Ceremonial street naming commemorates individuals who have made significant contributions to the community but without causing any disruption to the existing street names and abutting uses. The proposal is based on research from other cities and the standards for Street Name and Street Name Changes in the Dallas Development Code Division 51A-9.300. Ceremonial Street Naming criteria: 1. Prospective honorees should have a minimum of 10 years community involvement and have demonstrated an extraordinary and consistent voluntary commitment and dedication to the community or who have contributed significantly to City of Dallas. 2. Prospective honorees must be deceased for at least two years prior to consideration. 3. Individuals who have already been honored on one street may not be honored on another street. 4. City Council, by a three-fourths vote of its members, may waive the above requirements. General Provisions: 1. No street or portion of a street may have more than one ceremonial street name. 2. Ceremonial street naming cannot contain a product or be used for commercial purpose. 3. Ceremonial street name ends 10 years after the effective date. 4. Ceremonial street naming topper shall have “Honorary” as the top line. Ceremonial Street Naming Application: 1. A ceremonial street naming application may be initiated by: a. an owner of property abutting the street in a block by petition: a petition indicating that at least 51 percent of the owners of all lots abutting the street favor the ceremonial street naming; or b. by a council member with concurrence by two other council members. 2. An application for a ceremonial street naming must be filed with the department on an application form furnished by the department. The application must include: a. The application fee; b. A statement of contributions made by prospective honoree, supporting documents showing the significant contributions made by the prospective honoree and meeting the ceremonial street naming criteria; and 3 DCA 178-004 c. A map showing the boundary and portion of the street proposed for ceremonial street naming. 3. Ceremonial Street naming can be changed/removed by an application process and following the same steps as requesting a ceremonial street naming. Ceremonial Street Naming Approval Process: 1. Notice of the public hearing before the City Council must be advertised 15 days prior to the hearing and a notice of the public hearing to the abutting property owners shall be mailed no fewer than 15 days prior to the date of the public hearing. Notification signs must be posted along the street for no fewer than 15 days before the date of the hearing. 2. City Council may approve or deny the application based on the testimony presented at the public hearing and whether or not it meets the ceremonial street naming criteria standards. 3. The favorable vote of three-fourths of all members of the city council is required if:  A written protest against the ceremonial street naming has been signed by the owners of 20 percent of all lots abutting the street Ceremonial Street Naming Implementation and maintenance: After City Council’s approval, the Transportation Department is responsible for the fabrication and installation of the ceremonial street naming sign toppers. If a property owner initiated the request, the cost for fabrication and installation of the sign toppers will be paid by the property owner. At this time there is no funding in the Transportation Department’s annual budget to accommodate the cost for City initiated requests. During the budget cycle Council could add funding to the Transportation Department’s budget to cover City initiated requests. In lieu of budgetary funding, Council would need to identify funding for each request as they are approved. The City is not responsible for replacing a ceremonial street name topper due to vandalism, theft, normal wear and tear. The Transportation Department may remove any ceremonial street naming sign topper that has become unsightly without replacing it. 4 DCA 178-004 EXAMPLE CEREMONIAL STREET NAMING SIGN TOPPER Note: Background to be white with blue lettering. 5 DCA 178-004 CPC ACTION February 1, 2018: Motion: It was moved to recommend approval of amending Article IX of Chapter 51 and Chapter 51A of the Dallas Development Code to create regulations to allow ceremonial street naming with the following modifications: 1) amend Sec. 51A-9.506 to add at the end “Unless reapproved pursuant to a new application.” and 2) Correct a typographical error in Sec. 51A-9.503(b)(1) change 10 days to 15 days. Maker: Jung Second: Houston Result: Carried: 14 to 0 For: Against: Absent: Vacancy: Speakers: 14 - West, Rieves, Houston, Davis, Shidid, Carpenter, Lavallaisaa, Jung, Housewright, Schultz, Peadon, Murphy, Ridley, Tarpley 0 1 - Mack 0 None 6 DCA 178-004 5-10-18 ORDINANCE NO. An ordinance amending Chapter 51, ?Dallas Development Code: Ordinance No. 10962, as amended," and Chapter 51A, ?Dallas Development Code: Ordinance No. 19455, as amended,? of the Dallas City Code by adding a new Division 51-9500 and a new Division providing for ceremonial street naming; amending Section providing a fee for ceremonial street naming; 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 Article IX, ?Thoroughfares,? of Chapter 51, ?Dallas Development Code: Ordinance No. 10962, as amended," of the Dallas City Code is amended by adding Division 51-9500, ?Ceremonial Street Naming,? to read as follows: ?Division 51-9500. Ceremonial Street Naming. This division incorporates by reference the language of Division 51A-9.500 of Chapter 51A of the Dallas Development Code, as amended." DCA 178-004 SECTION 2. That Subsection ?Fees for a Street Name Change.? of Section SlA-l. 101":: ?Fees,? of Article I, ?General Provisions.? of Chapter 51A. ?Dallas Development Code: Ordinance No. 19455, as amended,? ofthe Dallas City Code is amended to read as follows: Fees for a street name change and for a ceremonial street naming. The following fees are required for a street name change. A street name change fee must be paid to the director before an application will be processed. A fee for new street identi?cation signs must be paid to the director of sustainable development and construction within 60 days of the approval of a street name change by the city council. A fee for change of of?cial address records must be paid to the building official within 60 days of the approval of a street name change by the city council. Fee schedule. Application Fee. Amount If the street is less than one-fourth mile $1500.00 [$750.00] If the street is less than one-half mile but more than $1100.00 [$1050.00] or equal to one-fourth mile If the street is less than one mile but more than or $2300.00 [$1350.00] equal to one?half mile $2300.00 [$1050.00] for ?rst mile plus If the street is more than or equal to one mile $600.00 [$300.00] for each additional one?fourth mile. Street Identification Sign Fee. Amount For each blade to be replaced $1 130.00 For each mast arm to be replaced $233 .00 To be determined based upon Texas Department of For Texas Department of Transportation signs to be Transportation cost replaced calculation at the time of installation. DCA 178-004 Chance of D?icial Address Fee. For each address change up to 1121 Amount $153130 for the ?rst ten address changes plus $1 13.1312} per hour of service required for additional address changes. For more than 113 address changes No fee is required for street name change applications filed by the governmental entities Listed in Section 51A-l.105.l. Q1 The following fee is required for a ceremonial street naming. ii] A ceremonial street naming fee must he paid to the director before an application will be processed. Fee schedule. em If the street is less than one?fourth mile If the street is less than one?half mile but more than $1 05131.0(: or equal to one?fourth mile If the street is less than one mile but more than or $1 3513.01] @1131 to one?half mile $1 35121.01] for ?rst mile plus $30ll?? for each additional one?fourth mile. If the street is more than or equal to one mile Additional fees masr he required for production and installation of ceremonial street name toppers. No fee is required for street name change applications filed by the aovernmental entities Listed in Section 51A-l.105.l.? DCA 178-004 SECTION 3. That Article IX, ?Thoroughfares.? of Chapter 5111:, ?Dallas Development Code: Ordinance No. 19455, as amended,? of the Dallas City Code is amended by adding a new Division 5 lA-9.500, ?Ceremonial Street Naming," to read as follows: ?Division Shit?9.500. Ceremonial Street Naming. SEC. 5111?9501. PURPOSE. The purpose of this division is to commemorate individuals who have made signi?cant contributions to the community= but without causing any disruption of the existing street names and abutting uses. SEC. 5111?9502. GENERAL PROVISIONS. Only public streets may be granted ceremonial street naming by the process contained in this division. A ceremonial street naming application may only be initiated by: an owner of property abutting the street if the property owner submits a petition showing 51 percent of the owners of all abutting lots are in support of the ceremonial street name: or a city council member with concurrence of two other council members. to) Ceremonial street names must be a person?s name. SEC. 5111?9503. PROCESS. Application. An application for a ceremonial street naming must be ?led with the department on an application form furnished by the director. The application must include the following: The application fee for an owner initiated ceremonial street naming. A statement of the reasons supporting a ceremonial street naming including a showing that the prospective honoree had a minimum of 10 years community involvement and demonstrated an extraordinary and consistent voluntary commitment and dedication to the community. or has contributed signi?cantly to City of Dallas. A map showing the location of the street and the portion of the street receiving the ceremonial street name. 10 DCA 178-004 Notice. Prior to the public hearing before the city council, the director shall give notice of the public hearing in the official newspaper of the city at least 15 days before the hearing. Notice of the public hearing must be given to the abutting property owners not less than 15 days before the date set for the hearing by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved tax roll. This notice must be written in English and Spanish if the area of request is located wholly or partly within a census tract in which 50 percent or more of the inhabitants are persons of Spanish origin or descent according to the most recent federal decennial census. Required notification signs must be posted along the street at least 15 days before the date of the hearing. Public hearing. The city council may approve the application based on the testimony presented at the public hearing and a determination that the application meets the ceremonial street naming criteria standards. The application may be approved by a majority vote of the members present= except the favorable vote of three-fourths of all members of the city council is required if a written pr_o_t_es_t__ag_a_i_t_1_s_t the ceremonial street naming has been signed by the owners of 20 percent of all lots abutting the street. Early removal. The same application, notice, and hearing process must be followed to remove a ceremonial street name. SEC. STANDARDS FOR CEREMONIAL STREET NAMG In general. Except as provided in this subsection: (A) Prospective honorees must have had a minimum of 10 years community involvement and demonstrated an extraordinary and consistent voluntary commitment and dedication to the community, or have contributed significantly to the City of Dallas. (B) Use of a ceremonial street naming is prohibited until at least two years after the death of the person to be honoured. Individuals who have already been honored on one street, whether ceremonial or official, may not be honored on another street. The standards in this subsection may be waived by a three quarters vote of the city council. 11 DCA 178-004 Additional standards. Ceremonial street naming cannot contain a product name or be used for a commercial purpose. Ceremonial street naming must be a person?s name. A ceremonial street naming sign topper must have ?Honorary? as the top line. No street or portion of a street may have more than one ceremonial street name. SEC. NOTIFICATION OF CEREHONIAL STREET NMNG. If the request for a ceremonial street naming is approved by the city council. the subdivision administrator shall send written notice of the city council?s action to abutting property owners. SEC. EFFECTIVE DATE OF CEREMONIAL STREET NAME AND END DATE. Providing that all required fees have been paid by the applicant. a ceremonial street name approved by the city council takes effect 60 days after the date of its approval unless city council sets a later effective date. The ceremonial street name ends 10 years after the effective date. SEC. INSTALLATION AND REPLACEMENT. Installation. The director of the transportation department is responsible for the fabrication and installation of the ceremonial street name toppers. Removal. The department is not responsible for replacing ceremonial street naming toppers due to vandalism, theft, and normal wear and tear. The department may remove any ceremonial street name topper that has become without replacing it.? SECTION 4. That a person violating a provision of this ordinance. upon conviction, is punishable by a ?ne not to exceed $2,000. SECTION 5. That Chapters 51 and 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. 12 DCA 178-004 SECTION 6. That any act done or right vested or accrued, or any proceeding. suit, or prosecution had or commenced in any action before the amendment or repeal of any ordinance. or part thereof. shall not be affected or impaired by amendment or repeal of any ordinance. or part thereof. and shall be treated as stillremaming in ?Jll force and effect for all intents and purposes as if the amended or repealed ordinance, or part thereof= had remained in force. SECTION 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 8. 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: LARRY E. CASTO. City Attorney By Assistant City Attorney Passed 13 AGENDA ITEM # 68 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): All DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: All SUBJECT A public hearing to receive comments regarding amendments to Chapter 51 and Chapter 51A of the Dallas Development Code and consideration given to: (1) an ordinance granting amendments to clarify language regarding handicapped parking regulations; (2) an ordinance granting amendments to clarify language regarding board of adjustment same matter back to same panel; (3) an ordinance granting amendments to clarify language regarding number of duplicate applications required for remote parking procedures and sign permits; (4) an ordinance granting amendments to clarify language regarding instances where “director of parks and recreation” should be amended to “building official”; (5) an ordinance granting amendments to clarify language regarding pedestrian skybridges; (6) an ordinance granting amendments to clarify language regarding light poles, handicap ramps, air conditioning units, and generators in required front, side, and rear yards as applicable, and clarification of associated noise regulation standards; and (7) an ordinance granting amendments to clarify language regarding remote parking for church use Recommendation of Staff and CPC: Approval DCA 178-006 HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JUNE 13, 2018 ACM: Majed Al-Ghafry FILE NUMBER: DCA 178-006 DATE INITIATED: October 30, 2017 TOPIC: Cleanup Amendments CITY COUNCIL DISTRICTS: All CENSUS TRACTS: All PROPOSAL: Consideration of amendments to Chapter 51 and Chapter 51A of the Dallas Development Code to clarify language regarding (1) handicapped parking regulations; ( 2) board of adjustment same matter back to same panel; (3) number of duplicate applications required for remote parking procedures and sign permits; (4) instances where “director of parks and recreation” should be amended to “building official”; (5) pedestrian skybridges; (6) light poles, handicap ramps, air conditioning units, and generators in required front, side, and rear yards as applicable, and clarification of associated noise regulation standards; and (7) remote parking for church use. SUMMARY: This proposal is comprised of several amendments to Chapter 51 and Chapter 51A that address inconsistencies throughout the code and that more closely align with department procedures. CPC RECOMMENDATION: Approval STAFF RECOMMENDATION: Approval 1 DCA 178-006 BACKGROUND On November 30, 2017, December 14, 2017, and February 15, 2018, the Zoning Ordinance Advisory Committee considered the proposed amendments at public meetings and recommended approval of each. On April 5, 2018, the City Plan Commission considered the proposed amendments and recommended approval of each. On April 23, 2018, the Mobility Solutions, Infratructure, and Sustainability Committee was briefed on the proposed amendments and recommended forwarding them to City Council for approval. This action is comprised of several code amendments, each addressing the posted topics. The proposed amendments were each presented, assessed, and passed by the Zoning Ordinance Advisory Committee and are summarized individually below. 1) Handicapped Parking BACKGROUND • Over the years, specific regulations governing handicapped parking have been written into the regulations for each use in Section 51A-4.200, such as these from current code: SEC. 51A-4.201. AGRICULTURAL USES. Animal production. (C) Required off-street parking: Two spaces. No handicapped parking is required. SEC. 51A-4.202. COMMERCIAL AND BUSINESS SERVICE USES. Building repair and maintenance shop. (C) Required off-street parking: One space per 300 square feet of floor area. If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305. • However, one section in the current code clearly states the city’s handicapped parking requirements. Section 51A-4.305 states that “handicapped parking must be provided and maintained in compliance with all Federal and State laws and regulations.” PROPOSAL • The proposed amendment removes all individual references to handicapped parking in the use regulations of both Chapter 51 and Chapter 51A, allowing Section 51A-4.305 to regulate handicapped parking in accordance with federal and state law. • References to handicapped parking in Chapter 51 are call-forwarded to Chapter 51A4.305. 2 DCA 178-006 2) Board of adjustment same matter back to same panel rule BACKGROUND • Both state law and current code require that if a city has a board of adjustment with multiple panels, only one panel can hear that case. This is to prevent applicants from shopping their cases to multiple panels in hopes of a different outcome. • However, because the code does not set a time limit on this rule, some applicants are forced to go before a specific panel because decades ago a previous owner had a similar request. PROPOSAL • This amendment sets a time limit on the rule and provides that after five years a case may be heard according to the normal rules of case assignment. 3) Duplicates of applications BACKGROUND • Currently, code requires multiple duplicates of applications for processes such as special parking approval. Current practices and technology have made these additional duplicates unnecessary. If needed, additional copies will be requested under an administrative, rather than regulatory, process. PROPOSAL • This amendment removes the requirement for duplicates of applications for special parking and for permits for signs in special provision sign districts, aligns code with current preferred practices, and streamlines the application process. 4) Amend director of parks and recreation to building official BACKGROUND • Currently, code designates certain departments or staff members to make recommendations or rulings. In several cases, the code calls out the director of Parks and Recreation as the arbiter of a process when it is the building official who reviews and permits the plans. This amendment aligns code with current department duties. PROPOSAL • This amendment replaces director of parks and recreation with building official in sections related to screening provisions for off-street parking and fence regulations and related to vegetation regulations in soil erosion plans and vegetation plans. 3 DCA 178-006 5) Light poles, air conditioning units, generators, and handicapped ramps in setbacks BACKGROUND – light poles • Pedestrian lighting encourages walkability by supporting pedestrian safety at night. The Dallas Development Code currently does not allow lighting to be placed in the required front or side yards, and the City requires a license for additional pedestrian lighting in the right of way. This conflict becomes a disincentive to providing adequate lighting near sidewalks. PROPOSAL • The proposed changes to Chapter 51 and 51A would allow additional lighting to be installed in the required front and side yards. BACKGROUND – air conditioning units and generators • A portion of Section 51A-4.402 regulates the location and noise levels for air conditioning units. However, the current language refers to an outdated rating method. • Currently, Section 51A-4.402(a)(3) refers to SRN (sound rating number) designations to regulate noise levels generated by air conditioning units. Modern units are now much quieter, and sound levels are measured in decibels. The quietest units fall into the 50– 60 decibel range, approximately the level of a quiet conversation. • In addition, electrical generator placement is not specifically addressed in the code. In the absence of regulation, Building Inspection staff has been treating electrical generators as accessory structures in residential districts. PROPOSAL • The proposed changes: o Remove the outdated SRN language and also remove the exception for air conditioning units in Section 6.102(a)(5) of the noise regulations, ensuring that an exceptionally loud air conditioner will continue to be regulated by code. o Codify the practice of treating electrical generators as accessory structures and ensure that the generators, if installed, are placed to the rear of the lot. o Remove unnecessary language requiring 10 feet of separation between units. BACKGROUND – handicapped ramps for dwellings • People who experience mobility issues often need to install a ramp to provide access to their home. Depending on the location of the existing house on the lot, it can be difficult or impossible to add the needed ramp and continue to meet the front, side, or rear yard setback requirements of City Code. Ramps are considered structures, and structures are not currently allowed in required yards. • Code currently provides relief in Section 51A-1.107(b)(1): “The board of adjustment shall grant a special exception to any regulation in this chapter if, after a public hearing, the board finds that the exception is necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling. The term 4 DCA 178-006 • • ‘handicapped person’ means a person with a ‘handicap,’ as that term is defined in the Federal Fair Housing Amendments Act of 1988, as amended.” However, going to the Board of Adjustment creates an extra procedural step and a delay when a handicapped ramp becomes needed by the occupant of an existing home and must be located within the required setback. City Plan Commission recommended a requirement that the initial review of a complete building permit for a ramp be completed within 10 days. Staff recommends against adding this limit as state law mandates maximum review times for building permit review. PROPOSAL • The proposed changes to Chapter 51 and Chapter 51A would allow ramps to be placed in the required front, side, or rear setbacks of existing homes under the appropriate accessibility standard as determined by the building official. BACKGROUND – setbacks in planned development district regulations • The development code currently includes redundant paragraphs stating that yard regulations in planned development districts are controlled by the planned development district regulations. PROPOSAL • Remove redundant paragraphs. 6) Pedestrian skybridges BACKGROUND • Pedestrian skybridges are allowed by specific use permit (SUP) as an accessory use in some planned development districts and all of the base zoning districts except the P and P(A) Parking districts. • Current regulations: o Prohibit skybridges in required yards. Because setbacks begin at ground level and go to infinity, this effectively prohibits skybridges in districts with required yards, forcing a developer to go to the Board of Adjustment to request a variance to the front yard setback. o Do not allow skybridge supports to be placed in the right of way. Some skybridges need support mid-way between buildings. o Require a special exception from the Board of Adjustment (BDA) for skybridges that cannot meet mandatory design provisions. o Use “block” to mean “blockface” in the section that says, “No more than one pedestrian skybridge may be located within any block or 700 feet of frontage, whichever is less.” 5 DCA 178-006 PROPOSAL • The proposed changes: o Allow skybridges to be placed in a required yard. The SUP process requires review of the proposed site plan at both CPC and City Council. o Remove the prohibition of supports in the ROW. Continue to require ROW license (including staff review and City Council approval), adherence to sidewalk standards, and normal SUP review and approval process. o For relief from design provisions, replace the BDA special exception with a request for a waiver from Council as part of the SUP process. The waiver would require a three-quarters vote of the Council. o Change block to blockface, thus clarifying that the number of skybridges should be limited along the frontage of a single side of a block, not within the area of a block nor the entire perimeter of a block. o Correct sky bridge to skybridge as needed, thereby making the spelling consistent throughout Chapters 51 and 51A. 7) remote parking for places of worship BACKGROUND • Regulations for remote and shared parking for church uses are listed in the use regulations • Regulations for remote and shared parking for all other uses are located in Section 51A -4.324(d) PROPOSAL • Relocate the remote and shared parking regulations from the church use regulations and have Section 51A.4.324(d) control as it does for other uses. 6 DCA 178-006 CPC ACTION April 5, 2018 Motion: It was moved to approve of amendments to Chapter 51 and Chapter 51A of the Dallas Development Code to clarify language regarding handicapped parking regulations; board of adjustment same matter back to same panel; number of duplicate applications required for remote parking procedures and sign permits; instances where “director of parks and recreation” should be amended to “building official”; pedestrian skybridges; light poles, handicap ramps, air conditioning units, and generators in required front, side, and rear yards as applicable, and clarification of associated noise regulation standards Maker: Shidid Second: Murphy Result: Carried: 12 to 0 For: 12 - West, Rieves, Davis, Shidid, Carpenter, Mack, Jung, Housewright, Peadon, Murphy, Ridley, Tarpley Against: Absent: Vacancy: Speakers: 0 2 – Houston, Schultz 1 - District 8 None 7 DCA 178-006 5-17-18 ORDINANCE NO. __________ An ordinance amending Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” and Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Sections 51-4.201, 51-4.202, 51-4.213, 51A-4.201, 51A4.202, 51A-4.203, 51A-4.204, 51A-4.205, 51A-4.206, 51A-4.207, 51A-4.208, 51A-4.209, 51A4.210, 51A-4.211, 51A-4.212, and 51A-4.213; making conforming amendments to delete references to handicapped parking requirements from the use regulations; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, Ordinance No. 27864, passed by the Dallas City Council on April 28, 2010, deleted specific handicapped parking requirements from the Development Code and required handicapped parking to be provided and maintained in compliance with all Federal and State laws and regulations; and 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 Subparagraph (C) of Paragraph (1), “Single-Family,” of Subsection (b), “Specific Residential Uses,” of Section 51-4.201, “Residential Uses,” of Division 51-4.200, “Use Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 1 8 DRAFT DCA 178-006 “(C) Required off-street parking: Two spaces for each dwelling unit, except one space for each dwelling unit in R-7.5 and R-5 districts. [No handicapped parking is required.]” SECTION 2. That Subparagraph (C) of Paragraph (12), “Tower/Antenna for Cellular Communication,” of Section 51-4.202, “Utility and Service Uses,” of Division 51-4.200, “Use Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(C) Required off-street parking: One space if the cellular communication tower/antenna has an auxiliary building housing electronic and communication equipment (“auxiliary building”) greater than 120 square feet. Physically separate auxiliary buildings will not be aggregated to determine the area of an auxiliary building for the purpose of determining required off-street parking requirements. [No handicapped parking is required.]” SECTION 3. That Subparagraph (C) of Paragraph (12), “Mining,” of Section 51-4.213, “Commercial Uses,” of Division 51-4.200, “Use Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 4. That Subparagraph (C) of Paragraph (19), “Gas Drilling and Production,” of Section 51-4.213, “Commercial Uses,” of Division 51-4.200, “Use Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 5. That Subparagraph (C) of Paragraph (1), “Animal Production,” of Section 51A-4.201, “Agricultural 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: “(C) Required off-street parking: Two spaces. [No handicapped parking is required.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 2 9 DRAFT DCA 178-006 SECTION 6. That Subparagraph (C) of Paragraph (2), “Commercial Stable,” of Section 51A-4.201, “Agricultural 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: “(C) Required off-street parking: One space for each two stalls. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 7. That Subparagraph (C) of Paragraph (1), “Building Repair and Maintenance Shop,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 300 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 8. That Subparagraph (C) of Paragraph (2), “Bus or Rail Transit Vehicle Maintenance Storage Facility,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 500 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 3 10 DRAFT DCA 178-006 SECTION 9. That Subparagraph (C) of Paragraph (3), “Catering Service,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 10. That Subparagraph (C) of Paragraph (4), “Commercial Cleaning or Laundry Plant,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 300 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 11. That Subparagraph (C) of Paragraph (5), “Custom Business Services,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 300 square feet of floor area; a minimum of five spaces is required. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 4 11 DRAFT DCA 178-006 SECTION 12. That Subparagraph (C) of Paragraph (6), “Custom Woodworking, Furniture Construction, or Repair,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 500 square feet of floor area; a minimum of two spaces is required. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 13. That Subparagraph (C) of Paragraph (7), “Electronics Service Center,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 300 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 14. That Subparagraph (C) of Paragraph (8.1), “Labor Hall,” of Section 51A4.202, “Commercial and Business Service 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: “(C) Required off-street parking. One space per 500 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 15. That Subparagraph (C) of Paragraph (9), “Machine or Welding Shop,” of Section 51A-4.202, “Commercial and Business Service 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: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 5 12 DRAFT DCA 178-006 “(C) Required off-street parking: One space per 500 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 16. That Subparagraph (C) of Paragraph (10), “Machinery, Heavy Equipment, or Truck Sales and Service,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 1,000 square feet of sales area (whether inside or outside). [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 17. That Subparagraph (C) of Paragraph (11), “Medical or Scientific Laboratory,” of Section 51A-4.202, “Commercial and Business Service Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: One space per 300 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 18. That Subparagraph (C) of Paragraph (13), “Tool or Equipment Rental,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 6 13 DRAFT DCA 178-006 SECTION 19. That Subparagraph (C) of Paragraph (14), “Vehicle or Engine Repair or Maintenance,” of Section 51A-4.202, “Commercial and Business Service 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: “(C) Required off-street parking: One space per 500 square feet of floor area; a minimum of five spaces is required. Parking spaces that are used to repair vehicles and located in a structure are not counted in determining the required parking. [If more than ten offstreet parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 20. That Subparagraph (C) of Paragraph (1), “Industrial (Inside),” of Subsection (b), “Specific Uses,” of Section 51A-4.203, “Industrial Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: One space per 600 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 21. That Subparagraph (C) of Paragraph (1.1), “Industrial (Inside) for Light Manufacturing,” of 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: “(C) Required off-street parking: One space per 600 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 7 14 DRAFT DCA 178-006 That Subparagraph (C) of Paragraph (2), “Industrial (Outside),” of SECTION 22. Subsection (b), “Specific Uses,” of Section 51A-4.203, “Industrial Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: One space per 600 square feet of floor area, plus one space per 600 square feet of outside manufacturing area. [If more than ten offstreet parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 23. That Subparagraph (C) of Paragraph (3.1), “Mining,” of 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: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 24. That Subparagraph (C) of Paragraph (4.1), “Organic Compost Recycling Facility,” of 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: “(C) Required off-street parking: One space per 500 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 8 15 DRAFT DCA 178-006 SECTION 25. That Subparagraph (C) of Paragraph (6), “Temporary Concrete or Asphalt Batching Plant,” of 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: “(C) Off-street parking: [(i)] Required off-street parking: Two spaces. Off-street parking requirements for this use may be satisfied by providing temporary parking spaces that do not strictly comply with the construction and maintenance provisions for off-street parking in this chapter. The operator of this use has the burden of demonstrating to the satisfaction of the building official that the temporary parking spaces: (i)[(aa)] are adequately designed to accommodate the (ii)[(bb)] will not adversely affect surrounding uses. parking needs of the use; and [(ii) No handicapped parking is required.]” SECTION 26. That Subparagraph (C) of Paragraph (1), “Adult Day Care Facility,” of Section 51A-4.204, “Institutional and Community Service 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: “(C) Required off-street parking: One space per 500 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 27. That Subparagraph (C) of Paragraph (2), “Cemetery or Mausoleum,” of Section 51A-4.204, “Institutional and Community Service 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: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 9 16 DRAFT DCA 178-006 “(C) Required off-street parking: Two spaces. [No handicapped parking is required.]” SECTION 28. That Subparagraph (C) of Paragraph (5), “College, University, or Seminary,” of Section 51A-4.204, “Institutional and Community Service 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: “(C) Required off-street parking: One space per 25 square feet of classroom. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 29. That Subparagraph (C) of Paragraph (7), “Community Service Center,” of Section 51A-4.204, “Institutional and Community Service 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 30. That Subparagraph (C) of Paragraph (8), “Convalescent and Nursing Homes, Hospice Care, and Related Institutions,” of Section 51A-4.204, “Institutional and Community Service 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: “(C) Required off-street parking: 0.3 spaces per bed. [Handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 31. That Subparagraph (C) of Paragraph (9), “Convent or Monastery,” of Section 51A-4.204, “Institutional and Community Service Uses,” of Division 51A-4.200, “Use DCA178-006 (1)Remove handicapped parking references from use regulations - Page 10 17 DRAFT DCA 178-006 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: “(C) Required off-street parking: One space for each three residents; a minimum of two spaces is required. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 32. That Subparagraph (C) of Paragraph (11), “Foster Home,” of Section 51A-4.204, “Institutional and Community Service 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: “(C) Required off-street parking: Two spaces. [No handicapped parking is required.]” SECTION 33. That Subparagraph (C) of Paragraph (13), “Halfway House,” of Section 51A-4.204, “Institutional and Community Service 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: “(C) Required off-street parking: Determined by the specific use permit. This requirement must include provision of adequate off-street parking for residents, staff, and visitors. In determining an adequate number of off-street parking spaces, the city council shall consider the degree to which allowing the use would create traffic hazards or congestion given the capacity of nearby streets, the trip generation characteristics of the use, the availability of public transit and the likelihood of its use, and the feasibility of traffic mitigation measures. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 34. That Subparagraph (C) of Paragraph (14), “Hospital,” of Section 51A4.204, “Institutional and Community Service 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: “(C) Required off-street parking: One space for each patient bed. [Handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 11 18 DRAFT DCA 178-006 SECTION 35. That Subparagraph (C) of Paragraph (1), “Hotel or Motel,” of Section 51A-4.205, “Lodging 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: “(C) Required off-street parking: One space for each unit for units 1 to 250; 3/4 space for each unit for units 251 to 500; 1/2 space for all units over 500; plus one space per 200 square feet of meeting room. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 36. That Subparagraph (C) of Paragraph (1.1), “Extended Stay Hotel or Motel,” of Section 51A-4.205, “Lodging 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: “(C) Required off-street parking: One space for each unit for units 1 to 250; 3/4 space for each unit for units 251 to 500; 1/2 space for all units over 500; plus one space per 200 square feet of floor area other than guest rooms. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A4.305.]” SECTION 37. That Subparagraph (C) of Paragraph (2), “Lodging or Boarding House,” of Section 51A-4.205, “Lodging 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: “(C) Required off-street parking: One space for each guest room. [No handicapped parking is required.]” SECTION 38. That Subparagraph (C) of Paragraph (2), “Carnival or Circus (Temporary),” of Section 51A-4.206, “Miscellaneous 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: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 12 19 DRAFT DCA 178-006 “(C) Required off-street parking: 25 spaces per acre. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 39. That Subparagraph (C) of Paragraph (6), “Temporary Construction or Sales Office,” of Section 51A-4.206, “Miscellaneous 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: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 40. That Subparagraph (C) of Paragraph (2), “Financial Institution Without Drive-In Window,” of Section 51A-4.207, “Office 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: “(C) Required off-street parking: One space per 333 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 41. That Subparagraph (C) of Paragraph (3), “Financial Institution With Drive-In Window,” of Section 51A-4.207, “Office 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: “(C) Required off-street parking: One space per 333 square feet of floor area. See the additional provisions [Subparagraph (E)] for off-street stacking requirements. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 42. That Subparagraph (C) of Paragraph (4), “Medical Clinic or Ambulatory Surgical Center,” of Section 51A-4.207, “Office Uses,” of Division 51A-4.200, “Use DCA178-006 (1)Remove handicapped parking references from use regulations - Page 13 20 DRAFT DCA 178-006 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [Handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 43. That Subparagraph (C) of Paragraph (5), “Office,” of Section 51A-4.207, “Office 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: “(C) Required off-street parking: One space per 333 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 44. That Subparagraph (C) of Paragraph (3), “Public Park, Playground, or Golf Course,” of Section 51A-4.208, “Recreation 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: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 45. That Subparagraph (C) of Paragraph (1), “College Dormitory, Fraternity, or Sorority House,” of Subsection (b), “Specific Uses,” of Section 51A-4.209, “Residential 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: “(C) Required off-street parking: One space for each sleeping room. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 14 21 DRAFT DCA 178-006 SECTION 46. That Subparagraph (C) of Paragraph (2), “Duplex,” of Subsection (b), “Specific Uses,” of Section 51A-4.209, “Residential 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: “(C) Required off-street parking: Two spaces per dwelling unit. [No handicapped parking is required.]” SECTION 47. That Subparagraph (C) of Paragraph (3), “Group Residential Facility,” of Subsection (b), “Specific Uses,” of Section 51A-4.209, “Residential Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: 0.25 spaces per bed, plus one space per 200 square feet of office area; a minimum of four spaces is required. [No handicapped parking is required.] If an SUP is required for this use, the off-street parking requirement may be established in the ordinance granting the SUP. In determining this requirement, the city council shall consider the nature of the proposed use and the degree to which the use would create traffic hazards or congestion given the capacity of nearby streets, the trip generation characteristics of the use, the availability of public transit and the likelihood of its use, and the feasibility of traffic mitigation measures.” SECTION 48. That Subparagraph (C) of Paragraph (3.1), “Handicapped Group Dwelling Unit,” of Subsection (b), “Specific Uses,” of Section 51A-4.209, “Residential 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: “(C) Required off-street parking: One space in R-7.5(A), R-5(A), and TH districts; two spaces in all other districts. [No handicapped parking is required.] If an SUP is required for this use, the off-street parking requirement may be established in the ordinance granting the SUP. In determining this requirement, the city council shall consider the nature of the proposed use and the degree to which the use would create traffic hazards or congestion DCA178-006 (1)Remove handicapped parking references from use regulations - Page 15 22 DRAFT DCA 178-006 given the capacity of nearby streets, the trip generation characteristics of the use, the availability of public transit and the likelihood of its use, and the feasibility of traffic mitigation measures.” SECTION 49. That Subparagraph (C) of Paragraph (4), “Manufactured Home Park, Manufactured Home Subdivision, or Campground,” of Subsection (b), “Specific Uses,” of Section 51A-4.209, “Residential 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: “(C) Required off-street parking: 1.5 spaces for each transient stand for a manufactured home park or campground; 1.5 spaces for each lot in a manufactured home subdivision. [No handicapped parking is required.]” SECTION 50. That Subparagraph (C) of Paragraph (5.1), “Residential Hotel,” of Subsection (b), “Specific Uses,” of Section 51A-4.209, “Residential Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: 0.5 spaces per guest room. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 51. That Subparagraph (C) of Paragraph (6), “Single Family,” of Subsection (b), “Specific Uses,” of Section 51A-4.209, “Residential 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: “(C) Required off-street parking: One space in R-7.5(A), R-5(A), and TH districts; two spaces in all other districts. [No handicapped parking is required.]” SECTION 52. That Subparagraph (C) of Paragraph (1), “Ambulance Service,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service Uses,” of DCA178-006 (1)Remove handicapped parking references from use regulations - Page 16 23 DRAFT DCA 178-006 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: “(C) Required off-street parking: One space per 300 square feet of floor area, plus one space per 500 square feet of site area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A4.305.]” SECTION 53. That Subparagraph (C) of Paragraph (2), “Animal Shelter or Clinic,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 300 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 54. That Subparagraph (C) of Paragraph (3), “Auto Service Center,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 500 square feet of floor area; a minimum of four spaces is required. Parking spaces that are used to repair motor vehicles and located in a structure are not counted in determining the required parking. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 55. That Subparagraph (C) of Paragraph (9), “Commercial Parking Lot or Garage,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service Uses,” of Division 51A-4.200, “Use Regulations,” of Article IV, “Zoning Regulations,” of DCA178-006 (1)Remove handicapped parking references from use regulations - Page 17 24 DRAFT DCA 178-006 Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(C) Required off-street parking: None; however, if this use is in the central business district, off-street stacking spaces or passenger unloading zones may need to be provided. [No handicapped parking is required.] For more information regarding off-street parking in the central business district, see Section 51A-4.306.” SECTION 56. That Subparagraph (C) of Paragraph (10), “Drive-In Theater,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: Six parking spaces. The number of stacking spaces must equal ten percent of the number of the theater's stalls. [No handicapped parking is required.]” SECTION 57. That Subparagraph (C) of Paragraph (11), “Dry Cleaning or Laundry Store,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 200 square feet of [or] floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 58. That Subparagraph (C) of Paragraph (13), “General Merchandise or Food Store 3,500 Square Feet or Less,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 18 25 DRAFT DCA 178-006 “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 59. That Subparagraph (C) of Paragraph (16), “Household Equipment and Appliance Repair,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 60. That Subparagraph (C) of Paragraph (17), “Liquor Store,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 61. That Subparagraph (C) of Paragraph (18), “Mortuary, Funeral Home, or Commercial Wedding Chapel,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) [Off-street parking: (i)] Required off-street parking: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 19 26 DRAFT DCA 178-006 (i)[(aa)] One space per 300 square feet of floor area other than the chapel, plus one space for each two seats in the chapel. Up to 50 percent of the required off-street parking for this use may be tandem spaces. (ii)[(bb)] If all spaces provided are non-tandem, the offstreet parking requirement for this use is one space per 500 feet of floor area other than the chapel, plus one space for each two seats in the chapel. [(ii) If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” That Subparagraph (C) of Paragraph (19), “Motor Vehicle Fueling SECTION 62. Station,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: Two spaces. [No handicapped parking is required.]” SECTION 63. That Subparagraph (C) of Paragraph (20), “Nursery, Garden Shop, or Plant Sales,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 500 square feet of floor area, plus one space per 2,000 square feet of outside sales and display area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 64. That Subparagraph (C) of Paragraph (21), “Outside Sales,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service Uses,” of Division 51A-4.200, “Use Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas DCA178-006 (1)Remove handicapped parking references from use regulations - Page 20 27 DRAFT DCA 178-006 Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(C) Required off-street parking: One space per 200 square feet of sales area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 65. That Subparagraph (C) of Paragraph (22), “Pawn Shop,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 66. That Subparagraph (C) of Paragraph (23), “Personal Service Use,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 67. That Item (iv) of Subparagraph (C) of Paragraph (24), “Restaurant Without Drive-In or Drive-Through Service,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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 deleted as follows: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 21 28 DRAFT DCA 178-006 “[(iv) If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 68. That Item (iii) of Subparagraph (C) of Paragraph (25), “Restaurant With Drive-In or Drive-Through Service,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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 deleted as follows: “[(iii) If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 69. That Subparagraph (C) of Paragraph (26), “Surface Parking,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 70. That Subparagraph (C) of Paragraph (27), “Swap or Buy Shop,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 22 29 DRAFT DCA 178-006 SECTION 71. That Subparagraph (C) of Paragraph (29), “Temporary Retail Use,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 500 square feet of site area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 72. That Subparagraph (C) of Paragraph (30), “Theater,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: One space per 28 square feet of seating area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 73. That Subparagraph (C) of Paragraph (30.1), “Truck Stop,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: Two spaces. [No handicapped parking is required.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 23 30 DRAFT DCA 178-006 SECTION 74. That Subparagraph (C) of Paragraph (31), “Vehicle Display, Sales, and Service,” of Subsection (b), “Specific Uses,” of Section 51A-4.210, “Retail and Personal Service 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: “(C) Required off-street parking: One space per 500 square feet of floor and site area exclusive of parking area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 75. That Subparagraph (C) of Paragraph (1), “Airport or Landing Field,” of Section 51A-4.211, “Transportation 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: “(C) Required off-street parking: One space per 200 square feet of terminal building floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 76. That Subparagraph (C) of Paragraph (2), “Commercial Bus Station and Terminal,” of Section 51A-4.211, “Transportation 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: “(C) Required off-street parking: One space per 200 square feet of building floor area plus one space per five seats of manufacturer’s rated seating capacity for the maximum number of vehicles on site during any one hour time period. [If more than ten offstreet parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 24 31 DRAFT DCA 178-006 SECTION 77. That Subparagraph (C) of Paragraph (3), “Heliport,” of Section 51A4.211, “Transportation 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: “(C) Required off-street parking: One space per 600 square feet of site area; a minimum of four spaces is required. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 78. That Subparagraph (C) of Paragraph (4), “Helistop,” of Section 51A4.211, “Transportation 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: “(C) Required off-street parking: Two spaces. [No handicapped parking is required.]” SECTION 79. That Subparagraph (C) of Paragraph (5), “Private Street or Alley,” of Section 51A-4.211, “Transportation 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: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 80. That Subparagraph (C) of Paragraph (6), “Railroad Passenger Station,” of Section 51A-4.211, “Transportation 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: “(C) Required off-street parking: One space per 200 square feet of terminal building floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 25 32 DRAFT DCA 178-006 SECTION 81. That Subparagraph (C) of Paragraph (7), “Railroad Yard, Roundhouse, or Shops,” of Section 51A-4.211, “Transportation 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: “(C) Required off-street parking: One space for each 500 square feet of floor area of roundhouse and shops. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” That Subparagraph (C) of Paragraph (8), “STOL (Short Takeoff or SECTION 82. Landing) Port,” of Section 51A-4.211, “Transportation 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: “(C) Required off-street parking: One space per 200 square feet of terminal building floor area; a minimum of five spaces is required. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 83. That Subparagraph (C) of Paragraph (9), “Transit Passenger Shelter,” of Section 51A-4.211, “Transportation 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: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 84. That Subparagraph (C) of Paragraph (1), “Commercial Radio or Television Transmitting Station,” of Section 51A-4.212, “Utility and Public Service 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: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 26 33 DRAFT DCA 178-006 “(C) Required off-street parking: One space per 1,000 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 85. That Subparagraph (C) of Paragraph (2), “Electrical Generating Plant,” of Section 51A-4.212, “Utility and Public Service 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: “(C) Required off-street parking: One space per 1,000 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 86. That Subparagraph (C) of Paragraph (3), “Electrical Substation,” of Section 51A-4.212, “Utility and Public Service 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: “(C) Required off-street parking: Two spaces. [No handicapped parking is required.]” SECTION 87. That Subparagraph (C) of Paragraph (4), “Local Utilities,” of Section 51A-4.212, “Utility and Public Service 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: “(C) Required off-street parking: (i) Utility services: None. [No handicapped parking is required.] (ii) Communications exchange facility: One space per 5,000 square feet of floor area, except that one space per 333 square feet is required for any floor area used for office space. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 27 34 DRAFT DCA 178-006 SECTION 88. That Subparagraph (C) of Paragraph (5), “Police or Fire Station,” of Section 51A-4.212, “Utility and Public Service 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: “(C) [Off-street parking: (i)] Required off-street parking: (i)[(aa)] Police station: One space per 150 square feet of (ii)[(bb)] Fire station: Five spaces plus one additional floor area. space per bed. [(ii) If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 89. That Subparagraph (C) of Paragraph (6), “Post Office,” of Section 51A4.212, “Utility and Public Service 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: “(C) Required off-street parking: One space per 200 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 90. That Subparagraph (C) of Paragraph (7), “Radio, Television, or Microwave Tower,” of Section 51A-4.212, “Utility and Public Service Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: Two spaces. [No handicapped parking is required.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 28 35 DRAFT DCA 178-006 SECTION 91. That Subparagraph (C) of Paragraph (8), “Refuse Transfer Station,” of Section 51A-4.212, “Utility and Public Service 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: “(C) Required off-street parking: One space per 1,000 square feet of site area exclusive of parking area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 92. That Subparagraph (C) of Paragraph (9), “Sanitary Landfill,” of Section 51A-4.212, “Utility and Public Service 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: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 93. That Subparagraph (C) of Paragraph (10), “Sewage Treatment Plant,” of Section 51A-4.212, “Utility and Public Service 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: “(C) Required off-street parking: One space for each million gallons of capacity. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 94. That Subparagraph (C) of Paragraph (10.1), “Tower/Antenna for Cellular Communication,” of Section 51A-4.212, “Utility and Public Service Uses,” of Division 51A4.200, “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: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 29 36 DRAFT DCA 178-006 “(C) Required off-street parking: None required for temporary cellular units. One space if the cellular communication tower/antenna has an auxiliary building housing electronic and communication equipment (“auxiliary building”) greater than 120 square feet. Physically separate auxiliary buildings will not be aggregated to determine the area of an auxiliary building for the purpose of determining required off-street parking requirements. [No handicapped parking is required.]” SECTION 95. That Subparagraph (C) of Paragraph (11), “Utility or Government Installation Other Than Listed,” of Section 51A-4.212, “Utility and Public Service 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: “(C) Required off-street parking: The ratio of the use that the building official determines is the most equivalent to the proposed use in terms of function. If a specific use permit is required, the off-street parking regulations may be established in the ordinance granting the permit. In such cases, the city council shall consider the degree to which the use would create traffic hazards or congestion given the capacity of nearby streets, the trip generation characteristics of the use, the availability of public transit and the likelihood of its use, and the feasibility of traffic mitigation measures. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 96. That Subparagraph (C) of Paragraph (12), “Water Treatment Plant,” of Section 51A-4.212, “Utility and Public Service 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: “(C) Required off-street parking: Two spaces. [No handicapped parking is required.]” SECTION 97. That Subparagraph (C) of Paragraph (1), “Auto Auction,” of Section 51A4.213, “Wholesale, Distribution, and Storage 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: DCA178-006 (1)Remove handicapped parking references from use regulations - Page 30 37 DRAFT DCA 178-006 “(C) Required off-street parking: One space per 500 square feet of site area exclusive of parking area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 98. That Subparagraph (C) of Paragraph (2), “Building Mover’s Temporary Storage Yard,” of Section 51A-4.213, “Wholesale, Distribution, and Storage 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: “(C) Required off-street parking: None. [No handicapped parking is required.]” SECTION 99. That Subparagraph (C) of Paragraph (3), “Contractor’s Maintenance Yard,” of Section 51A-4.213, “Wholesale, Distribution, and Storage Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: One space per 2,000 square feet of site area exclusive of parking area; a minimum of four spaces is required. [If more than ten offstreet parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 100. That Subparagraph (C) of Paragraph (4), “Freight Terminal,” of Section 51A-4.213, “Wholesale, Distribution, and Storage 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: “(C) Required off-street parking: One space per 1,000 square feet of floor area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 31 38 DRAFT DCA 178-006 SECTION 101. That Subparagraph (C) of Paragraph (5), “Livestock Auction Pens or Sheds,” of Section 51A-4.213, “Wholesale, Distribution, and Storage Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: One space per 28 square feet of seating area, plus one space per 600 square feet of sales area. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A4.305.]” SECTION 102. That Subparagraph (C) of Paragraph (10), “Petroleum Product Storage and Wholesale,” of Section 51A-4.213, “Wholesale, Distribution, and Storage 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: “(C) Required off-street parking: One space for each 2,000 square feet of site area exclusive of parking area; a minimum of four spaces required. [If more than ten offstreet parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 103. That Subparagraph (C) of Paragraph (11.1), “Recycling Collection Center,” of Section 51A-4.213, “Wholesale, Distribution, and Storage Uses,” of Division 51A4.200, “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: “(C) Required off-street parking: A minimum of one space is required. If the use is operated by an attendant, one additional space is required. [No handicapped parking is required.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 32 39 DRAFT DCA 178-006 SECTION 104. That Subparagraph (C) of Paragraph (12), “Sand, Gravel, or Earth Sales and Storage,” of Section 51A-4.213, “Wholesale, Distribution, and Storage 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: “(C) Required off-street parking: One space per 2,000 square feet of site area exclusive of parking area; a minimum of four spaces is required. [If more than ten offstreet parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 105. That Subparagraph (C) of Paragraph (13), “Trade Center,” of Section 51A-4.213, “Wholesale, Distribution, and Storage 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: “(C) Required off-street parking: One space for each 700 square feet of floor area, exclusive of atriums, mechanical rooms, stairwells, and hallways. Required off-street parking must be provided on the site within 500 feet of a public entrance to the trade center. However, parking may be located at a distance greater than 500 feet if a satisfactory system of transportation between the trade center and parking area is established and maintained by the owner of the use. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 106. That Subparagraph (C) of Paragraph (14), “Vehicle Storage Lot,” of Section 51A-4.213, “Wholesale, Distribution, and Storage 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: “(C) Required off-street parking: None. [No handicapped parking is required.]” DCA178-006 (1)Remove handicapped parking references from use regulations - Page 33 40 DRAFT DCA 178-006 SECTION 107. That Subparagraph (C) of Paragraph (15), “Warehouse,” of Section 51A-4.213, “Wholesale, Distribution, and Storage 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: “(C) Required off-street parking: One space per 1,000 square feet of floor area up to 20,000 square feet, and one space per 4,000 square feet of floor area over 20,000 square feet. [If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.]” SECTION 108. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 109. That Chapters 51 and 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 110. 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 111. 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: LARRY E. CASTO, City Attorney By__________________________________ Assistant City Attorney Passed______________________________ DCA178-006 (1)Remove handicapped parking references from use regulations - Page 34 41 DRAFT DCA 178-006 5-17-18 ORDINANCE NO. __________ An ordinance amending Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Section 51A-3.102; providing a time limit for the board of adjustment’s case assignment requirement; 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 of Subsection (b), “Case Assignments,” of Section 51A-3.102, “Board of Adjustment,” of Article III, “Decisionmaking and Administrative Bodies,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(b) Case a[A]ssignments. The board shall adopt rules for the assignment of cases to a panel. Only one panel may hear, handle, or render a decision in a particular case. If a case is dismissed or withdrawn and subsequently refiled within five years of the date the original case was dismissed or withdrawn, it must be returned to the panel to which it was originally assigned.” SECTION 2. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 3. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. DCA178-006(PT) (2)Matter Assignments/BDA Panels - Page 1 42 DCA 178-006 SECTION 4. That any act done or right vested or accrued, or any proceeding, suit, or prosecution had or commenced in any action before the amendment or repeal of any ordinance, or part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part thereof, and shall be treated as still remaining in full force and effect for all intents and purposes as if the amended or repealed ordinance, or part thereof, had remained in force. SECTION 5. 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 6. 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: LARRY E. CASTO, City Attorney By__________________________________ Assistant City Attorney Passed______________________________ DCA178-006(PT) (2)Matter Assignments/BDA Panels - Page 2 43 DCA 178-006 5-17-18 ORDINANCE NO. __________ An ordinance amending Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Sections 51A-4.323, 51A-7.505, 51A-7.507, and 51A-7.1706; providing for a reduction in the number of copies needed for parking agreements and sign permits; 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 (b), “Application,” of Section 51A-4.323, “Procedures for Special Parking Approval,” of Division 51A-4.320, “Special Parking Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(b) Application. An application for special parking approval [and five duplicates] must be filed with the building official. An application form may be obtained from the building official. The application must include the following: (1) The application fee. (2) A site plan illustrating the applicable items listed in Subsection (c). (3) For packed parking, a statement describing the operational plan, including: (A) the days and hours of operation of the main use; (B) staffing required to park the vehicles; and DCA178-006(PT) (3) Duplicate Applications - Page 1 44 DCA 178-006 (C) (4) the location of any parking service stand. For remote parking: (A) a map illustrating the walking distance from the special parking to the use providing the parking; and (B) if applicable, a statement pointing out the factors justifying an extension of walking distance including discussion of the following factors: (i) The type of use involved. (ii) The parking demand generated by the use involved. (iii) The percentage of required off-street parking that will be (iv) The availability and condition of sidewalks. (v) The availability and frequency of a local shuttle or transit (vi) local shuttle or transit service. The availability of or proposal for shelters for users of any provided as remote parking. service. (vii) Any other factors that may have the effect of encouraging patrons of the use to use or discouraging patrons of the use from using the remote parking. (5) For shared parking, a study of parking demand and accumulation during all days and hours of operation for all uses sharing parking. (6) Any other reasonable and pertinent information that the building official determines to be necessary for special parking review.” DCA178-006(PT) (3) Duplicate Applications - Page 2 45 DCA 178-006 SECTION 2. That Paragraph (2), “Application,” of Section 51A-7.505, “Permit Procedures for Special Provision Sign Districts,” of Division 51A-7.500, “Special Provision Sign Districts,” 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: “(2) Application. When applying for a sign permit in a special provision sign district, the applicant shall submit an application [in duplicate] to the building official. After determining that the proposed sign conforms with the other sections of the code, the building official shall forward a copy of the application to the director within five working days of its receipt. The applicant shall provide the building official, the director, and the committee with specific information in the form of perspectives, renderings, photographs, models, or other representations sufficient to show the nature of the proposed sign and its effect on the immediate premises. Any applicant may request a meeting with the director or the committee before submitting an application and may consult with the director or the committee during the review of the permit application. Every applicant is entitled to appear before the committee and to be present when any vote is taken.” SECTION 3. That Paragraph (2), “Application for Permit,” of Subsection (b), “Procedures to Obtain Permit,” of Section 51A-7.507, “Temporary Signs in Special Provision Sign Districts,” of Division 51A-7.500, “Special Provision Sign Districts,” 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: “(2) Application for permit. An application for a permit [and two duplicates] must be filed with the building official on a form provided by the city. Each application must comply with the requirements [of Subchapter 61] of the Dallas Building Code.” DCA178-006(PT) (3) Duplicate Applications - Page 3 46 DCA 178-006 SECTION 4. That Romanette (ii), “Application for a Roof Sign,” of Subsection (c), “Roof Signs in Subdistrict B,” of Section 51A-7.1706, “Victory District Sign Permit Requirements,” of Division 51A-7.1700, “Provisions for Victory 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: “(ii) Application for a roof sign. When applying for a roof sign in Subdistrict B, the applicant shall submit an application [in duplicate]to the building official. After determining that the proposed roof sign conforms with all building, electrical, and mechanical codes and all sign regulations in this ordinance, the building official shall forward a copy of the application to the director within five working days of its receipt. The applicant shall provide the building official and the director with specific information in the form of perspectives, renderings, photographs, models, or other representations sufficient to show the nature of the proposed sign and its effect on the building on which it is located as well as its effect on surrounding premises. Any applicant may request a meeting with the director before submitting an application and may consult with the director during the review of the permit application.” SECTION 5. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 6. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 7. That any act done or right vested or accrued, or any proceeding, suit, or prosecution had or commenced in any action before the amendment or repeal of any ordinance, or part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part thereof, and shall be treated as still remaining in full force and effect for all intents and purposes as if the amended or repealed ordinance, or part thereof, had remained in force. SECTION 8. 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. DCA178-006(PT) (3) Duplicate Applications - Page 4 47 DCA 178-006 SECTION 9. 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: LARRY E. CASTO, City Attorney By__________________________________ Assistant City Attorney Passed______________________________ DCA178-006(PT) (3) Duplicate Applications - Page 5 48 DCA 178-006 5-17-18 ORDINANCE NO. __________ An ordinance amending Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Sections 51A-4.301; 51A-4.602, 51A-5.206, and 51A-5.208; changing director of park and recreation to building official for certain plant and landscape provisions; 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 Romanette (iii) of Paragraph (5) of Subsection (f), “Screening Provisions for Off-Street Parking,” of Section 51A-4.301, “Off-Street Parking Regulations,” of Division 51A-4.300, “Off-Street Parking and Loading Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(iii) Evergreen plant materials recommended for local area use by the building official [director of parks and recreation]. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years.” DCA178-006(PT) (4)Changing director of park and recreation to building official - Page 1 49 DCA 178-006 SECTION 2. That Paragraph (3) of Subsection (b), “Required Screening,” of Section 51A4.602, “Fence, Screening and Visual Obstruction Regulations,” of Division 51A-4.600, “Regulations of Special Applicability,” 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) Required screening must be constructed of: (A) brick, stone, concrete masonry, concrete, or wood; (B) earthen berm planted with turf grass or ground cover recommended for local area use by the building official [director of parks and recreation]. The berm may not have a slope that exceeds one foot of height for each two feet of width; (C) evergreen plant materials recommended for local area use by the building official [director of parks and recreation]. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years; or (D) any combination of the above.” SECTION 3. That Paragraph (3) of Subsection (b) of Section 51A-5.206, “Soil Erosion Control Plan,” of Division 51A-5.200, “Escarpment Regulations,” of Article V, “Flood Plain and Escarpment Zone Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(3) Indigenous vegetation must be retained and protected except in immediate areas of development so that a minimal amount of vegetation is removed or replaced. If vegetation is removed, it must be replaced with new vegetation of the same variety unless the building official [director of parks and recreation] approves an alternative variety as being less susceptible to disease or better suited for urban development.” DCA178-006(PT) (4)Changing director of park and recreation to building official - Page 2 50 DCA 178-006 SECTION 4. That Paragraph (1) of Subsection (b) of Section 51A-5.208, “Vegetation Plan,” of Division 51A-5.200, “Escarpment Regulations,” of Article V, “Flood Plain and Escarpment Zone Regulations,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows: “(1) Indigenous vegetation must be retained and protected except in immediate areas of development so that a minimal amount of vegetation is removed or replaced. If vegetation is removed, it must be replaced with new vegetation of the same variety unless the building official [director of parks and recreation] approves an alternative variety as being less susceptible to disease or better suited for urban development. SECTION 5. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 6. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 7. That any act done or right vested or accrued, or any proceeding, suit, or prosecution had or commenced in any action before the amendment or repeal of any ordinance, or part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part thereof, and shall be treated as still remaining in full force and effect for all intents and purposes as if the amended or repealed ordinance, or part thereof, had remained in force. SECTION 8. 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. DCA178-006(PT) (4)Changing director of park and recreation to building official - Page 3 51 DCA 178-006 SECTION 9. 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: LARRY E. CASTO, City Attorney By__________________________________ Assistant City Attorney Passed______________________________ DCA178-006(PT) (4)Changing director of park and recreation to building official - Page 4 52 DCA 178-006 5-17-18 ORDINANCE NO. __________ An ordinance amending Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” and Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Sections 51-4.217 and 51A-4.217; allowing pedestrian skybridge support structures to be in the public right-of-way and in required yards; 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 Subparagraph (F) of Paragraph (11), “Pedestrian Skybridges,” of Subsection (b), “Specific Accessory Uses,” of Section 51-4.217, “Accessory Uses,” of Division 51-4.200, “Use Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(F) Mandatory pedestrian skybridge standards: Additional provisions concerning construction of pedestrian walkways are contained in Chapter 53, “Dallas Building Code,” of the Dallas City Code. Pedestrian skybridges must be constructed and maintained in accordance with the following regulations: (i) Pedestrian skybridges must be properly maintained at all times. If a pedestrian skybridge connects two buildings which are separately owned, an operating agreement assigning maintenance and liability responsibilities is required. DCA178-006(PT) (5)Pedestrian Skybridges - Page 1 53 DCA 178-006 (ii) No more than one pedestrian skybridge may be located within any blockface [block] or 700 feet of frontage, whichever is less. (iii) Pedestrian skybridges must have clearance above the public right-of-way of at least 18 feet above grade. (iv) If the pedestrian skybridge has a length of less than 150 feet, the interior passageway must be no less than 10 feet and no greater than 20 feet in width. If the pedestrian skybridge has a length equal to or greater than 150 feet, the interior passageway must be no less than 12 feet and no greater than 20 feet in width. (v) The interior height of the passageway must be at least seven and one-half feet. The interior height at the springline of vaulted ceilings must be at least seven and one-half feet. (vi) Supports may [must not] be located within the public right-of-way if the placement of the support structure does not impede pedestrian traffic and maintains minimum sidewalk clearance widths required in the zoning district and in conformance with the Americans with Disabilities Act, 42 U.S.C. Chapter 126. (vii) A sign must be posted within the adjoining structures indicating whether the skybridge is open to the public, the location of the pedestrian skybridge, and where the pedestrian skybridge leads. (viii) Pedestrian skybridges must meet state and federal standards for accessibility to and usability by individuals with disabilities. (ix) Pedestrian skybridges connected to structures with air conditioning must be enclosed and air conditioned. (x) Any change in slope of the pedestrian skybridge greater than one percent must be over private property or concealed within the pedestrian skybridge. (xi) Pedestrian skybridges must not diverge from a perpendicular angle to the right-of-way by more than 30 degrees. (xii) At least 70 percent of the side walls must be open, or glass or transparent material with a light transmission of not less than 36 percent and a luminous reflectance of not more than six percent. “Light transmission” means the ratio of the amount of total light to pass through the material to the amount of total light falling on the material and any glazing. “Luminous reflectance” means the ratio of the amount of total light that is reflected outward by a material to the amount of total light falling on the material. DCA178-006(PT) (5)Pedestrian Skybridges - Page 2 54 DCA 178-006 (xiii) Minimum artificial lighting of 15 foot candles must be provided. Lighting must not produce glare of an intensity that creates a nuisance for motor vehicles or pedestrians. (xiv) No exterior signs, other than government signs, may be applied to or suspended from any pedestrian skybridge. (xv) 300 feet of an historic overlay district. Pedestrian skybridges must not be located within (xvi) Pedestrian skybridges must be designed to prevent people from jumping or throwing objects from the pedestrian skybridge. (xvii) Structural materials must be durable and easily maintained. Construction must comply with the City of Dallas Building and Fire Codes. (xviii) Pedestrian skybridges must not interfere with or impair use of the right-of-way by existing or proposed communication and utility facilities. (xix) The applicant must post bond for the estimated cost to the city to remove the pedestrian skybridge if it becomes a public nuisance. (xx) Skybridges may be placed in a required front, side, or rear yard.” SECTION 2. That Subparagraph (H) of Paragraph (11), “Pedestrian Skybridges,” of Subsection (b), “Specific Accessory Uses,” of Section 51-4.217, “Accessory Uses,” of Division 51-4.200, “Use Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(H) Waiver [Special exception]: The city council [board of adjustment] may, by a three-fourths vote, grant a waiver [special exception] to the pedestrian skybridge standards contained in this paragraph if the council [board] finds that: (i) strict compliance with the requirements will unreasonably burden the use of either of the properties; (ii) the waiver [special exception] will not adversely (iii) the waiver [special exception] will not be contrary to affect neighboring property; [and] the public interest; and DCA178-006(PT) (5)Pedestrian Skybridges - Page 3 55 DCA 178-006 (iv) the waiver will not be contrary to the public health, safety, or welfare.” SECTION 3. That Subparagraph (F), “Mandatory Pedestrian Skybridge Standards,” of Paragraph (12), “Pedestrian Skybridges,” of Subsection (b), “Specific Accessory Uses,” of Section 51A-4.217, “Accessory 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: “(F) Mandatory pedestrian skybridge standards. Additional provisions concerning construction of pedestrian walkways are contained in [Section 509 of] Chapter 53, “Dallas Building Code,” of the Dallas City Code. Pedestrian skybridges must be constructed and maintained in accordance with the following regulations: (i) Pedestrian skybridges [sky-bridges] must be properly maintained at all times. If a pedestrian skybridge connects two buildings which are separately owned, an operating agreement assigning maintenance and liability responsibilities is required. (ii) No more than one pedestrian skybridge may be located within any blockface [block] or 700 feet of frontage, whichever is less. (iii) Pedestrian skybridges [sky-bridges] must have clearance above the public right-of-way of at least 18 feet above grade. (iv) If the pedestrian skybridge has a length of less than 150 feet, the interior passageway must be no less than 10 feet and no greater than 20 feet in width. If the pedestrian skybridge has a length equal to or greater than 150 feet, the interior passageway must be no less than 12 feet and no greater than 20 feet in width. (v) The interior height of the passageway must be at least 7 1/2 feet. The interior height at the springline of vaulted ceilings must be at least 7 1/2 feet. (vi) Supports may [must not] be located within the public right-of-way if the placement of the support structure does not impede pedestrian traffic and maintains minimum sidewalk clearance widths required in the zoning district and in conformance with the Americans with Disabilities Act, 42 U.S.C. Chapter 126. (vii) A sign must be posted within the adjoining structures indicating whether the skybridge is open to the public, the location of the pedestrian skybridge, and where the pedestrian skybridge leads. DCA178-006(PT) (5)Pedestrian Skybridges - Page 4 56 DCA 178-006 (viii) Pedestrian skybridges [sky-bridges] must meet state and federal standards for accessibility to and usability by individuals with disabilities. (ix) Pedestrian skybridges [sky-bridges] connected to structures with air conditioning must be enclosed and air conditioned. (x) Any change in slope of the pedestrian skybridge greater than one percent must be over private property or concealed within the pedestrian skybridge. (xi) Pedestrian skybridges [sky-bridges] must not diverge from a perpendicular angle to the right-of-way by more than 30 degrees. (xii) At least 70 percent of the side walls must be open, or glass or transparent material with a light transmission of not less than 36 percent and a luminous reflectance of not more than six[6] percent. “Light transmission” means the ratio of the amount of total light to pass through the material to the amount of total light falling on the material and any glazing. “Luminous reflectance” means the ratio of the amount of total light that is reflected outward by a material to the amount of total light falling on the material. (xiii) Minimum artificial lighting of 15 foot candles must be provided. Lighting must not produce glare of an intensity that creates a nuisance for motor vehicles or pedestrians. (xiv) No exterior signs, other than government signs, may be applied to or suspended from any pedestrian skybridge. (xv) Pedestrian skybridges [sky-bridges] must not be located within 300 feet of an historic overlay district. (xvi) Pedestrian skybridges [sky-bridges] must designed to prevent people from jumping or throwing objects from the pedestrian skybridge. be (xvii) Structural materials must be durable and easily maintained. Construction must comply with the City of Dallas Building and Fire Codes. (xviii) Pedestrian skybridges [sky-bridges] must not interfere with or impair use of the right-of-way by existing or proposed communication and utility facilities. (xix[xviv]) The applicant must post bond for the estimated cost to the city to remove the pedestrian skybridge if it becomes a public nuisance. (xx) Skybridges may be placed in the required front, side, or rear yard.” DCA178-006(PT) (5)Pedestrian Skybridges - Page 5 57 DCA 178-006 SECTION 4. That Subparagraph (G), “Recommended Pedestrian Skybridge Standards,” of Paragraph (12), “Pedestrian Skybridges,” of Subsection (b), “Specific Accessory Uses,” of Section 51A-4.217, “Accessory 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: “(G) Recommended pedestrian skybridge standards. Pedestrian skybridges are recommended to be constructed and maintained in accordance with the following guidelines: (i) Pedestrian skybridges [sky-bridges] which are open to the public should penetrate the second story of the adjoining structures, or, if not possible, as close as possible to the street level. (ii) Pedestrian skybridges [sky-bridges] should penetrate the adjoining structures as closely as possible to escalators or elevators having access to the entire structure and the street. (iii) Free-standing pedestrian skybridges and pedestrian skybridges connected to structures without air conditioning should have a roof, wind breaks, and adequate ventilation that maximize the comfort and safety of pedestrians. A pedestrian skybridge should be open only when the adjoining structures are open. (iv) If the length of the pedestrian skybridge exceeds 250 feet, the passageway should be interrupted by interior visual breaks, such as turns, courts or plazas. (v) Primary lighting sources should be recessed and indirect. Accent lighting is encouraged. Natural lighting should be used in addition to artificial lighting. (vi) The pedestrian skybridge should be designed so as to coordinate with the adjoining structures to the extent possible. Where coordination is not possible, the pedestrian skybridge should be of a neutral color, such as brown or grey.” DCA178-006(PT) (5)Pedestrian Skybridges - Page 6 58 DCA 178-006 SECTION 5. That Subparagraph (H), “Special Exception,” of Paragraph (12), “Pedestrian Skybridges,” of Subsection (b), “Specific Accessory Uses,” of Section 51A-4.217, “Accessory 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: “(H) Waiver [Special exception]. The city council [board of adjustment] may, by a three-fourths vote, grant a waiver [special exception] to the pedestrian skybridge standards contained in this paragraph if the council [board] finds that: (i) strict compliance with the requirements will unreasonably burden the use of either of the properties; (ii) the waiver [special exception] will not adversely (iii) the waiver [special exception] will not be contrary to (iv) the waiver will not be contrary to the public health, affect neighboring property; [and] the public interest; and safety, or welfare.” SECTION 6. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 7. That Chapters 51 and 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 8. That any act done or right vested or accrued, or any proceeding, suit, or prosecution had or commenced in any action before the amendment or repeal of any ordinance, or part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part thereof, and shall be treated as still remaining in full force and effect for all intents and purposes as if the amended or repealed ordinance, or part thereof, had remained in force. SECTION 9. 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. DCA178-006(PT) (5)Pedestrian Skybridges - Page 7 59 DCA 178-006 SECTION 10. 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: LARRY E. CASTO, City Attorney By__________________________________ Assistant City Attorney Passed______________________________ DCA178-006(PT) (5)Pedestrian Skybridges - Page 8 60 DCA 178-006 3-8-18 ORDINANCE NO. __________ An ordinance amending Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” and Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Sections 51-4.401, 51-4.402, 51-4.403, 51-6.102, 51A-4.401, 51A-4.402, 51A-4.403, and 51A-6.102; providing for certain projections and structures in required yards; deleting certain noise provisions for air conditioning units and generators; 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 Paragraph (1) of Subsection (a), “General Provisions,” of Section 514.401, “Minimum Front Yard,” of Division 51-4.400, “Yard, Lot, and Space Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(1) Required front yards must be open and unobstructed except for fences and light poles 20 feet or less in height. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required front yard. A fireplace chimney may project up to two feet into the required front yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves and balconies may project up to five feet into the required front yard.” DCA178-006(PT) (6) Items in Required Yards) - Page 1 61 DCA 178-006 SECTION 2. That Paragraph (4) of Subsection (a), “General Provisions,” of Section 514.401, “Minimum Front Yard,” of Division 51-4.400, “Yard, Lot, and Space Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: City Plan Commission recommended: “(4) The building official may approve a ramp that projects into the required front yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp shall be completed in 10 days [Reserved].” Staff recommended: “(4) The building official may approve a ramp that projects into the required front yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official [Reserved].” SECTION 3. That Subsection (a), “General Provisions,” of Section 51-4.402, “Minimum Side Yard,” of Division 51-4.400, “Yard, Lot, and Space Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(a) General provisions. (1) Required side yards must be open and unobstructed except for fences and light poles 20 feet or less in height. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard. (2) The side yard setback is measured from the side lot line of the building site, except when a front yard is treated as a side yard, the setback is measured from the lot line or the required right-of-way as determined by the thoroughfare plan for all thoroughfares except for DCA178-006(PT) (6) Items in Required Yards) - Page 2 62 DCA 178-006 minor streets, whichever creates the greater setback. On minor streets, the setback is measured from the lot line or the existing right-of-way, whichever creates the greater setback. (A) When city council by ordinance establishes a specific right-of-way line for a street, the required setback is measured from that right-of-way line. (3) If a building is erected or altered to exceed 36 feet in height and the building site is either perpendicularly contiguous to or, if a front yard is treated as a side yard, perpendicularly across an adjoining street or alley from an R, R(A), D, D(A), TH, TH(A), or CH district, an additional setback must be provided that is equal to twice the total height of the building. The additional setback is only required for that portion of a building that exceeds 36 feet in height. (4) A unitary air conditioning unit [which has a standard sound rating number (SRN) designation of 20 or less according to the Air Conditioning and Refrigeration Institute] may be located in the required side yard, but not nearer than three feet to the property line [as follows: (A) No more than three units with a SRN designation of 18 or less with a minimum separation of 10 feet between units. (B) No more than two units with a SRN designation of 19 or less with a minimum separation of 10 feet between units; or (C) No more than one unit with a SRN designation of 20.] City Plan Commission recommended: (5) The building official may approve a ramp that projects into the required side yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp shall be completed in 10 days. [The minimum side yard requirements in a planned development district are controlled by the planned development district regulations.]” Staff recommended: (5) The building official may approve a ramp that projects into the required side yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. [The minimum side yard requirements in a planned development district are controlled by the planned development district regulations.]” SECTION 4. That Paragraph (3) of Subsection (b), “Side Yard Provisions for Residential Districts,” of Section 51-4.402, “Minimum Side Yard,” of Division 51-4.400, “Yard, Lot, and DCA178-006(PT) (6) Items in Required Yards) - Page 3 63 DCA 178-006 Space Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(3) In a residential district, a person need not provide a side yard setback for a structure accessory to a residential use, including a generator, if the structure: (A) does not exceed 15 feet in height; and (B) is located in the rear 30 percent of the lot.” Note: This paragraph does not apply to a front yard governed by the side yard regulations in Section 51-4.402 (such as a front yard treated as a side yard on a corner lot). SECTION 5. That Paragraph (4) of Subsection (a), “General Provisions,” of Section 514.403, “Minimum Rear Yard,” of Division 51-4.400, “Yard, Lot, and Space Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: City Plan Commission recommended: “(4) The building official may approve a ramp that projects into the required rear yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp shall be completed in 10 days. [The minimum rear yard requirements in a planned development district are controlled by the planned development district regulations.]” Staff recommended: “(4) The building official may approve a ramp that projects into the required rear yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. [The minimum rear yard requirements in a planned development district are controlled by the planned development district regulations.]” SECTION 6. That Paragraph (2) of Subsection (b), “Rear Yard Provisions for Residential Districts,” of Section 51-4.403, “Minimum Rear Yard,” of Division 51-4.400, “Yard, Lot, and DCA178-006(PT) (6) Items in Required Yards) - Page 4 64 DCA 178-006 Space Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(2) In a residential district, a person need not provide a rear yard setback for a structure accessory to a residential use, including a generator, if: (A) the structure does not exceed 15 feet in height; and (B) the rear yard is not adjacent to an alley.” SECTION 7. That Paragraph (5) of Subsection (a), “General Provisions,” of Section 516.102, “Noise Regulations,” of Article VI, “Environmental Performance Standards,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: “(5) The requirements of this section do not apply to: (A) [the side yard placement of a unitary air conditioning unit which complies with the requirements in Section 51-4.402(a)(4); (B)] mobile sources; (B[C]) construction/demolition activities regulated by Chapter 30; (C[D]) special events for which a special events permit is issued under Chapter 42A; (D[E]) sound generating equipment or apparatus to warn the public of an emergency or for public safety; (E[F]) noise from use-related loading/unloading operations that impact residential areas when conducted during daytime hours; or (F[G]) the following activities, as long as they are conducted in daytime hours as a normal function of a permitted use and the equipment is maintained in proper working condition: (i) Lawn maintenance. (ii) Repair of personal use vehicles. (iii) Home repair of place of residence.” DCA178-006(PT) (6) Items in Required Yards) - Page 5 65 DCA 178-006 SECTION 8. That Paragraph (1) of Subsection (a), “General Provisions,” of Section 51A4.401, “Minimum Front Yard,” of Division 51A-4.400, “Yard, Lot, and Space 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: “(1) Required front yards must be open and unobstructed except for fences and light poles 20 feet or less in height. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required front yard. A fireplace chimney may project up to two feet into the required front yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves and balconies may project up to five feet into the required front yard.” SECTION 9. That Paragraph (4) of Subsection (a), “General Provisions,” of Section 51A4.401, “Minimum Front Yard,” of Division 51A-4.400, “Yard, Lot, and Space 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: City Plan Commission recommended: “(4) The building official may approve a ramp that projects into the required front yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp shall be completed in 10 days [Reserved].” Staff recommended: “(4) The building official may approve a ramp that projects into the required front yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official Reserved].” SECTION 10. That Subsection (a), “General Provisions,” of Section 51A-4.402, “Minimum Side Yard,” of Division 51A-4.400, “Yard, Lot, and Space Regulations,” of Article DCA178-006(PT) (6) Items in Required Yards) - Page 6 66 DCA 178-006 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: “(a) General provisions. (1) Required side yards must be open and unobstructed except for fences and light poles 20 feet or less in height. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard. (2) The side yard setback is measured from the side lot line of the building site, except when a front yard is treated as a side yard, the setback is measured from the lot line or the required right-of-way as determined by the thoroughfare plan for all thoroughfares, whichever creates the greater setback. On minor streets, the setback is measured from the lot line or the existing right-of-way, whichever creates the greater setback. (A) When city council by ordinance establishes a specific right-of-way line for a street, the required setback is measured from that right-of-way line. (3) Reserved. (4) A unitary air conditioning unit [which has a standard sound rating number (SRN) designation of 20 or less according to the Air Conditioning and Refrigeration Institute] may be located in the required side yard, but not nearer than three feet to the property line [as follows: (A) No more than three units with a SRN designation of 18 or less with a minimum separation of 10 feet between units. (B) No more than two units with a SRN designation of 19 or less with a minimum separation of 10 feet between units; or (C) No more than one unit with a SRN designation of 20]. City Plan Commission recommended: (5) The building official may approve a ramp that projects into the required side yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp shall be completed in 10 days. [The minimum side yard requirements in a planned development district are controlled by the planned development district regulations.]” Staff recommended: (5) The building official may approve a ramp that projects into the required side yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal DCA178-006(PT) (6) Items in Required Yards) - Page 7 67 DCA 178-006 encroachment and must be constructed to the applicable accessibility standard as determined by the building official. [The minimum side yard requirements in a planned development district are controlled by the planned development district regulations.]” SECTION 11. That Paragraph (3) of Subsection (b), “Side Yard Provisions for Residential Districts,” of Section 51A-4.402, “Minimum Side Yard,” of Division 51A-4.400, “Yard, Lot, and Space 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) In a residential district, a person need not provide a side yard setback for a structure accessory to a residential use, including a generator, if the structure: (A) does not exceed 15 feet in height; and (B) is located in the rear 30 percent of the lot.” SECTION 12. That Paragraph (4) of Subsection (a), “General Provisions,” of Section 51A4.403, “Minimum Rear Yard,” of Division 51-4.400, “Yard, Lot, and Space Regulations,” of Article IV, “Zoning Regulations,” of Chapter 51, “Dallas Development Code: Ordinance No. 10962, as amended,” of the Dallas City Code is amended to read as follows: City Plan Commission recommended: “(4) The building official may approve a ramp that projects into the required rear yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp shall be completed in 10 days. [The minimum rear yard requirements in a planned development district are controlled by the planned development district regulations.]” Staff recommended: “(4) The building official may approve a ramp that projects into the required rear yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. [The minimum rear yard requirements in a planned development district are controlled by the planned development district regulations.]” DCA178-006(PT) (6) Items in Required Yards) - Page 8 68 DCA 178-006 SECTION 13. That Paragraph (2) of Subsection (b), “Rear Yard Provisions for Residential Districts,” of Section 51A-4.403, “Minimum Rear Yard,” of Division 51A-4.400, “Yard, Lot, and Space 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: “(2) In a residential district, a person need not provide a full rear yard setback for a structure accessory to a residential use, including a generator, if the structure does not exceed 15 feet in height. Where the rear yard is adjacent to an alley, a three-foot setback must be provided. Where the rear yard is not adjacent to an alley, no setback is required.” SECTION 14. That Paragraph (5) of Subsection (a), “General Provisions,” of Section 51A6.102, “Noise Regulations,” of Article VI, “Environmental Performance Standards,” of Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows “(5) The requirements of this section do not apply to: (A) [the side yard placement of a unitary air conditioning unit which complies with the requirements in Section 51A-4.402(a)(4); (B)] mobile sources; (B[C]) construction/demolition activities regulated by Chapter 30; (C[D]) special events for which a special events permit is issued under Chapter 42A; (D[E]) sound generating equipment or apparatus to warn the public of an emergency or for public safety; (E[F]) noise from use-related loading/unloading operations that impact residential areas when conducted during daytime hours; or (F[G]) the following activities, as long as they are conducted between the hours of 7:00 a.m. and 10:00 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 7:00 p.m. on Saturday, Sunday, and legal holidays as a normal function of a permitted use and the equipment is maintained in proper working condition: DCA178-006(PT) (6) Items in Required Yards) - Page 9 69 DCA 178-006 (i) Lawn maintenance. (ii) Repair of personal use vehicles. (iii) Home repair of place of residence.” SECTION 15. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 16. That Chapters 51 and 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 17. That any act done or right vested or accrued, or any proceeding, suit, or prosecution had or commenced in any action before the amendment or repeal of any ordinance, or part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part thereof, and shall be treated as still remaining in full force and effect for all intents and purposes as if the amended or repealed ordinance, or part thereof, had remained in force. SECTION 18. 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 19. 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: LARRY E. CASTO, City Attorney By__________________________________ Assistant City Attorney Passed______________________________ DCA178-006(PT) (6) Items in Required Yards) - Page 10 70 DCA 178-006 5-17-18 ORDINANCE NO. __________ An ordinance amending Chapter 51A, “Dallas Development Code: Ordinance No. 19455, as amended,” of the Dallas City Code by amending Section 51A-4.204; standardizing remote parking regulations for church uses; 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 Subparagraph (C) of Paragraph (4), “Church,” of Section 51A-4.204, “Institutional and Community Service 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: “(C) Required off-street parking: (i) Number of spaces required. One space per 333 square feet in floor area if a church has less than 5,000 square feet of floor area and is located in a shopping center with more than 20,000 square feet in floor area, otherwise one space for each four fixed seats in the sanctuary or auditorium. If fixed benches or pews are provided, each 18 inches of length of the fixed bench or pew constitutes one fixed seat for purposes of this paragraph. If portions of seating areas in the sanctuary or auditorium are not equipped with fixed seats, benches, or pews, the parking requirement for those portions is one space for each 28 square feet of floor area. (ii) Definitions. For purposes of this subsection, “remote parking” means required off-street parking provided on a lot not occupied by the main use. [“Shared parking” means the use of the same off-street parking stall to satisfy the off-street parking requirements for two or more uses.] DCA178-006(PT) (7)Special Parking for Church Uses Page 1 71 DCA 178-006 (iii) Reconciliation with Divisions 51A-4.300 et seq.[.] Except as otherwise expressly provided in this subsection, the off-street parking regulations in Divisions 51A-4.300 et. seq. apply to this use. In the event of a conflict between this subsection and Divisions 51A-4.300 et. seq., this subsection controls. (iv) Remote [and shared] parking. [A church may use remote and/or shared parking to satisfy up to 50 percent of its off-street parking requirement, provided that the remote and/or shared parking is on a lot that is: (aa) dedicated to parking use by an instrument filed with the building official and approved by the city attorney’s office; (bb) located in a non-residential district; and (cc) located within 600 feet (including streets and alleys) of the lot occupied by the church. The distance measured is the shortest distance between the lots. (v)] (aa) Distance extension with shuttle service. A remote parking lot for a church may be located up to one and one-half miles (including streets and alleys) from the lot occupied by the church if a shuttle service is provided to transport persons between the church and the remote parking lot. The shuttle service route must be approved by the traffic engineer. [(vi)] (bb) Remote parking agreement. An agreement authorizing a church to use remote parking may be based on a lease of the remote parking spaces if: (I[aa]) the lease is for a minimum term of three years; and (II[bb])the agreement provides that both the owner of the lot occupied by the church and the owner of the remote lot shall notify the city of Dallas in writing if there is a breach of any provision of the lease, or if the lease is modified or terminated.” SECTION 2. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 3. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. DCA178-006(PT) (7)Special Parking for Church Uses Page 2 72 DCA 178-006 SECTION 4. That any act done or right vested or accrued, or any proceeding, suit, or prosecution had or commenced in any action before the amendment or repeal of any ordinance, or part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part thereof, and shall be treated as still remaining in full force and effect for all intents and purposes as if the amended or repealed ordinance, or part thereof, had remained in force. SECTION 5. 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 6. 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: LARRY E. CASTO, City Attorney By__________________________________ Assistant City Attorney Passed______________________________ DCA178-006(PT) (7)Special Parking for Church Uses Page 3 73 STRATEGIC PRIORITY: AGENDA ITEM # 69 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 5 DEPARTMENT: Department of Public Works Water Utilities Department CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 58L ________________________________________________________________ SUBJECT A benefit assessment hearing to receive comments on street paving, drainage, water and wastewater main improvements for Gardenview Drive from Alto Garden Drive to Loma Garden Avenue; and at the close of the hearing, authorize an ordinance levying benefit assessments - Financing: No cost consideration to the City (see Fiscal Information for potential future costs) BACKGROUND Gardenview Drive from Alto Garden Drive to Loma Garden Avenue was requested by property owner petition, accepted on May 9, 2012, and included in the 2012 Bond Program as a Street Petition Project. On May 27, 2015, City Council authorized a professional services contract with Dal-Tech Engineering, Inc. for the engineering design of one street petition project on Gardenview Drive, from Alto Garden Drive to Loma Garden Avenue and one thoroughfare project on Highland Road, from Ferguson Road to Primrose at Highland by Resolution No. 15-0955. This action will allow the public hearing to be held and will authorize the levying of assessments. The improvements will consist of a 26-foot wide concrete pavement with curbs, sidewalks, drive approaches, drainage, and water and wastewater main improvements. BACKGROUND (continued) The paving assessment process requires the following three steps: 1. Authorize paving improvements. 2. Authorize a benefit assessment hearing. 3. Benefit assessment hearing, ordinance levying assessments and authorize contract for construction. This is the third and final step in the process. This project will be awarded on August 22, 2018. ESTIMATED SCHEDULE OF PROJECT Began Design Completed Design Begin Construction Complete Construction May 2015 February 2018 November 2018 November 2019 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 27, 2015, City Council authorized a professional services contract with Dal-Tech Engineering, Inc. for the engineering design of one street petition project on Gardenview Drive, from Alto Garden Drive to Loma Garden Avenue and one thoroughfare project on Highland Road, from Ferguson Road to Primrose at Highland by Resolution No. 15-0955. On April 25, 2018, City Council authorized street paving, drainage, water and wastewater main improvements for Gardenview Drive from Alto Garden Drive to Loma Garden Avenue; provided for partial payment of construction costs by assessment of abutting property owners; an estimate of the cost of the improvements to be prepared as required by law; and a benefit assessment hearing to be held on June 13, 2018, to receive comments by Resolution No. 18-0602. Information about this item will be provided to the Mobility Solutions, Infrastructure and Sustainability Committee on June 11, 2018. Agenda Date 06/13/2018 - page 2 FISCAL INFORMATION Design Construction Paving & Drainage - PBW Water & Wastewater - WTR $ 86,943.05 Total Project Cost $1,521,363.05 (est.) $1,248,990.00 (est.) $ 185,430.00 (est.) This project does involve assessments. MAP Attached Agenda Date 06/13/2018 - page 3 SUBJECT COUNCIL CHAMBER June 13, 2018 WHEREAS, heretofore, a resolution was duly adopted by the City Council of the City of Dallas for the improvement of the following street between the limits set forth, out of materials specified, ordering that bids be taken for the construction, and ordering that an estimate of the cost of such improvements be prepared, to wit: Gardenview Drive from Alto Garden Drive to Loma Garden Avenue; and WHEREAS, by resolution such estimate and specifications were duly adopted therefore, and the Purchasing Agent was authorized to advertise for bids for such construction; and WHEREAS, by resolution the City Council determined the necessity for assessing a portion of the cost of such improvements against the property abutting such improvements, and the owners thereof, and duly and legally set a time and place for a public hearing thereon, and provided for notice to be given to such owners, as provided by law; and WHEREAS, the said hearing was duly held at said time and place; and WHEREAS, the City Council, after fully considering said proposed assessments, and fully considering the benefits that each property owner and his property receive from making said improvements, is of the opinion that the said proposed assessments determined to be levied are fair and equitable, and in accordance with the enhancement report submitted by Con-Real Support Group LP, an independent appraiser, representing the benefits that the said property receives in enhanced values from the making of the said improvements, and that the said assessments should be made; and WHEREAS, the Council having no further protest, remonstrance, or objection before it, is of the opinion that the said hearing should be closed. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the said hearing held on the 13th day of June A.D. 2018 be and the same is hereby ordered closed. III-SP-1 COUNCIL CHAMBER June 13, 2018 SECTION 2. That the City Attorney is hereby directed to prepare an ordinance assessing against the several owners of the abutting property, and against their property abutting upon the street hereinabove mentioned, the proportionate part of said cost herein adjudged against the said respective owners and their property, such assessments to be in accordance with the attached enhancement report. That the said ordinance shall fix a lien upon said property, and shall declare said respective owners thereof to be respectively liable for the amounts so adjudged against them. Said ordinance shall in all respects comply with the applicable law in such cases made and provided. SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved III-SP-2 VALUATION AND REAL ESTATE ADVISORY SERVICES enhancementstudy PREPARED FOR Project *DUGHQYLHZ 'ULYH )URP $OWR *DUGHQ 'ULYH 7R /RPD *DUGHQ $YHQXH (IUDLQ 7UHMR 3URMHFW &RRUGLQDWRU &LW\ RI 'DOODV 3XEOLF :RUNV 'HSDUWPHQW 2DN &OLII 0XQLFLSDO &HQWHU ( -HIIHUVRQ %OYG 5RRP 'DOODV 7H[DV Troy C. Alley, Jr., $QDO\VW .ULVWHQ $OOH\, AQDO\VW Con-Real, LP 1900 Ballpark Way Arlington, Texas 76006 www.Con-Real.com ARLINGTON DALLAS HOUSTON LITTLE ROCK ATLANTA SAN FRANCSICO SUMMARY OF SALIENT FACTS AND CONCLUSIONS Date of Inspection: Effective Date of Study: Date of Transmittal: Subject Property: March 9, 2018 March 9, 2018 March 29, 2018 Residential/ Commercial Parcels Location: Street: Gardenview Drive from Alto Garden Drive to Loma Garden Avenue Zoning Classifications: Single Family District/ Commercial Current Use: Improved & Vacant Land Highest & Best Use: Flood Zone: Residential/ Commercial Use Based only on a cursory inspection, the properties appear to not be in a flood plain. Purpose of Study: The purpose of this study is to estimate the value of the enhancement, if any, to the properties in the defined enhancement study area based on the completion of the proposed street, sidewalk and driveway improvements that affect the subject properties as of March 9, 2017. Function of Study: The function of this enhancement study is to assist the City of Dallas in estimating a fair and reasonable amount of the actual costs of the street, sidewalk, and driveway improvements that the subject property owners should be levied based on the estimated market value enhancement to each property due to the proposed improvements by the City of Dallas. Scope of Study: The scope of this study encompasses the inspection of the subject properties, neighborhood and comparable properties. Further, the analysis of data is undertaken in order to support a conclusion of estimated value for the enhancement, if any, to the subject properties. PROPERTY CHALLENGES & SOLUTIONS Street: Gardenview Drive from Alto Garden Drive to Loma Garden Avenue, Dallas, Dallas County, Texas Driveways- the property owners are without paved driveways. This effects the accessibility of the property and overall neighborhood. - The proposed improvements are expected to increase the neighborhood curb appeal and may enhance the properties attractiveness. Sidewalks- there is a lack of sidewalks within the neighborhood which is a possible safety hazard for pedestrians and possible bike riders within the community. - The improvement of sidewalks in the area will provide a safe route to walk for pedestrians and bike riders. The sidewalks also increase the neighborhood’s overall attractiveness. Curbs/Gutters- Gardenview Drive will need curbs/gutters once the street is improved from Alto Garden Drive to Loma Garden Avenue. The lack of gutters effects the water flow throughout the neighborhood and can become a hazard. - The projected improved gutters will alleviate water buildup on the street allowing pedestrians to pass without walking through puddles and reducing the risk of hydroplaning by road vehicles. SCOPE OF WORK In preparing this study, we completed the research and analysis below: x Conducted an inspection of the subject properties and the surrounding areas in order to determine the impact the improved driveways, curbs and gutters, and sidewalks will have on the neighborhood x Gathered and analyzed property, neighborhood, and community information pertaining to the group of subject properties x Determined the approaches (Sales Approach and Assessment Valuation Method) which are deemed reasonable for estimating an equitable assessment to the property owners for any enhancements they might receive from the improvements x Interviewed reputable sources to receive opinions on the benefits of the improvements of roadways x Provided a recommendation for the proposed improvements EVALUATION ANALYSIS The improvements proposed by the City of Dallas are to include new concrete paving of the streets which includes concrete curbs and gutters, concrete sidewalks and concrete drives (approaches) where necessary. In the assessment prepared by the City of Dallas, the City calculated a Lineal Foot, Square Foot or Square Yard price in order to estimate the actual cost for each property for the proposed improvements. A summary of the assessment values presented in the study are as follows: The assessed value of the improvements was enhanced by $114.75 per lineal foot for the concrete paving, $11.90 per lineal foot for the concrete sidewalks and $66.37 per square yard for the concrete drives. Properties that have existing sidewalks and drives are not being assessed for the new improvements that take the place of the current improvements. This is one method of estimating the value the improvements provide to the subject, however, there are other ways to analyze the value of the sidewalk improvements to the property. We have reviewed the study performed by the City of Dallas pertaining to the subject properties regarding assessments to the property owners for the construction of the sidewalk improvements. In addition to that study, we have tested two other approaches that we deem reasonable for estimating an equitable assessment to the property owners for any enhancements they might receive from the improvements. They include the Sales Comparison Method and Assessment Valuation Method. The most suitable is the Sales Comparison Method that exhibits the comparison between unimproved vs improved properties for purposes of comparing the prices paid for properties. The Assessment Valuation Method is utilized to determine a reasonable assessed rate for every property in regards to street improvements, sidewalks, and driveways. SALES COMPARISON METHOD This method involves comparing the sales prices of recent sales properties with & without existing curbs/gutters/driveways/sidewalks and forming an opinion as to how much, if any, a purchaser is willing to pay for a property that has existing curb/gutter/driveways/sidewalks improvements over a tract that does not have those improvements. The subject’s area was searched for recent sales of a variety of vacant industrial tracts that were similar in size and location to the subject properties so that a comparative analysis could be performed. This search provided very few sales of properties that did not have curbs/gutters/driveways/sidewalks due to the fact that most of the streets in the area have these features. As such, the search was expanded to areas outside of the subject’s immediate area in order to locate a sufficient number of sales of properties with and without curbs/gutters/driveways/sidewalks. Numerous sales were located and examined and from this vast number of sales only a few were found that could be used for comparative analysis purposes. The subject properties employed in the analysis include both improved and unimproved streets, and while the structures and areas employed in this analysis may not be truly comparable to the properties involved with this project, they do provide a basis for comparison between the properties with curbs/gutters/driveways/sidewalks and properties that don’t have these features. Adjustment grids for the following types of properties are located on the following pages: 1) Residential Sales – Unimproved Street vs. Improved Streets Representing the Street: Gardenview Drive from Alto Garden Drive to Loma Garden Avenue (17 parcels) RESIDENTIAL PROPERTY “Representation Of Subject Property” (will be employed as the subject lot) Mapsco: Location: Grantor: Grantee: Date of Sale: County: Size: Shape: Zoning: Utilities: Topography: Consideration: Per SF: Terms: Cash Equivalent Consideration: Per SF: Source: Comments: 48-S Dallas 7026 Overlook Drive, Dallas, Texas Ruel D. Farmer Bank of New York Mellon and Ditech Financial LLC July 18, 2017 Dallas 1,14 SF Rectangle Sigle Family District 7,500 S City Sewer, City Water Basically Level $55,000 $47.91 Cash to Seller $55,000 $47.91 MLS/Deed Records This site is located on a one-lane street without improvements of curbs and gutters. Every effort has been made to verify this information, including researching deed records, tax information, appraisal district information, zoning restrictions, flood plain maps, etc. However, the State of Texas does not require disclosure of real estate sale prices or terms, therefore we are dependant upon information obtained from parties with knowledge of the transaction. This information has been obtained from reliable sources and is assumed to be correct, but is in no way guaranteed by us to be accurate. Con-Real, LP reserves the right to revise any information regarding this comparable, should more accurate data become available. RESIDENTIAL SALE NO. 1 Mapsco: Location: Grantor: Grantee: Date of Sale: County: Size: Shape: Zoning: Utilities: Topography: Consideration: Per SF: Terms: Cash Equivalent Consideration: Per SF: Source: Comments: 57-M Dallas 6405 Seco Boulevard, Dallas, Texas Janet M. Hodge Urban Developers LLC October 27, 2017 Dallas 1,285 SF Rectangle Single Family District City Sewer, City Water Basically Level $84,500 $65.76 Cash to Seller $84,500 $65.76 MLS/Deed Records This site is located on a one-lane interior street which is improved with curbs and gutters. Every effort has been made to verify this information, including researching deed records, tax information, appraisal district information, zoning restrictions, flood plain maps, etc. However, the State of Texas does not require disclosure of real estate sale prices or terms, therefore we are dependant upon information obtained from parties with knowledge of the transaction. This information has been obtained from reliable sources and is assumed to be correct, but is in no way guaranteed by us to be accurate. Con-Real, LP reserves the right to revise any information regarding this comparable, should more accurate data become available. RESIDENTIAL SALE NO. 2 Mapsco: Location: Grantor: Grantee: Date of Sale: County: Size: Shape: Zoning: Utilities: Topography: Consideration: Per SF: Terms: Cash Equivalent Consideration: Per SF: Source: Comments: 57-R Dallas 702 Bethpage Avenue, Dallas, Texas Josefa Salgado Elda Casado February 22, 2018 Dallas 1,421 SF Rectangle Sigle Family District City Sewer, City Water Basically Level $90,000 $63.34 Cash to Seller $90,000 $63.34 MLS/Deed Records This site is located on a one-lane interior street which is improved with curbs and gutters. Every effort has been made to verify this information, including researching deed records, tax information, appraisal district information, zoning restrictions, flood plain maps, etc. However, the State of Texas does not require disclosure of real estate sale prices or terms, therefore we are dependant upon information obtained from parties with knowledge of the transaction. This information has been obtained from reliable sources and is assumed to be correct, but is in no way guaranteed by us to be accurate. Con-Real, LP reserves the right to revise any information regarding this comparable, should more accurate data become available. RESIDENTIAL SALE NO. 3 Mapsco: Location: Grantor: Grantee: Date of Sale: County: Size: Shape: Zoning: Utilities: Topography: Consideration: Per SF: Terms: Cash Equivalent Consideration: Per SF: Source: Comments: 58-S Dallas 6848 Antler Avenue, Dallas, Texas Joyce A. Baston Karen A. Rodriguez and Juan A. Fierros May 01, 2017 Dallas 1,220 SF Rectangle Sigle Family District City Sewer, City Water Basically Level $92,900 $76.15 Cash to Seller $92,900 $76.15 MLS/Deed Records This site is located on a one-lane street which is improvements of curbs and gutters. Every effort has been made to verify this information, including researching deed records, tax information, appraisal district information, zoning restrictions, flood plain maps, etc. However, the State of Texas does not require disclosure of real estate sale prices or terms, therefore we are dependant upon information obtained from parties with knowledge of the transaction. This information has been obtained from reliable sources and is assumed to be correct, but is in no way guaranteed by us to be accurate. Con-Real, LP reserves the right to revise any information regarding this comparable, should more accurate data become available. Unimproved Streets vs. Improved Streets Location Sales Price/ Per Square Foot Eff. Sale Price Size/SF Driveways Sidewalks Curbs/Gutters Condition Bedrooms/Baths Shape Location Accesibility Subject Property Representaion of Subject Property 7026 Overlook Dr Dallas,Texas Sale 1 Sale 2 Sale 1 6405 Seco Blvd Dallas, Texas Sale 3 Sale 2 702 Bethpage Ave. Dallas, Texas Sale 3 6848 Antler Ave. Dallas, Texas No $65.76 $65.76 1,285 0% Yes $63.34 $63.34 1,421 3% Yes $76.15 $76.15 1,220 0% Yes No Yes Yes Yes No Yes Yes Yes Average Superior -5% 3 Bedrooms/ 1.1 Baths -5% Rectangle 0% Superior -10% Superior -5% Superior -5% 3 Bedrooms/ 2 Baths -10% Rectangle 0% Superior -5% Superior -3% Superior -10% 3 Bedrooms/ 1.1 Baths -5% Rectangle 0% Superior -10% Superior -10% $47.91 $47.91 1,148 3 Bedrooms/ 1 Bath Rectangle Average Average Percentage Adjustment Net Adjustment 0.0% $0.00 -25.0% ($16.44) -20.0% ($12.67) -35.0% ($26.65) Adjusted Sale Price $47.91 $49.32 $50.67 $49.50 The Representation of the (Subject’s Property) is a selected property similar to the subject properties in order to be used in this analysis. The Representation of the Subject Property is located at 7026 Overlook Drive which is a 1,148 square foot tract that does not have curbs/gutters, driveway, or sidewalks and sold for $47.91 per square foot. The three other sales do have curbs/gutters, driveway, or sidewalks on their sites and sold at prices ranging from $63.34 to $76.15 per square foot. All of the sales are located within Dallas County and each have locational characteristics in regards to surrounding developments and residential properties that will be examined. The size of the Representation of the Subject Property is significantly smaller than the comparables and an upward adjustment was made to Sale 2. In addition, Sale 1, 2, and 3 experienced a downward adjustment compared to the Representation of the Subject Property in regards to the characteristics of condition, bedrooms/baths, location and accessibility. The properties had better exterior conditions, higher number of baths, and superior location and accessibility. After making adjustments to the sales comparables, a range of values of $49.32 to $50.67 per square foot was derived from the sales. The variance between the subject property and comparables is less than 3%, which leads to the conclusion that there isn’t a significant difference in pricing by having curbs/gutters, driveways, and sidewalks. SALES MAP 7026 Overlook Drive Dallas, Texas 6405 Seco Boulevard Dallas, Texas 702 Bethpage Avenue Dallas, Texas 6848 Antler Avenue Dallas, Texas MARKET INTERVIEWS In addition to the Sales Comparison Method of determining whether or not the subject properties will experience any enhancement in value caused by the street improvements, the analyst also enlisted advice from several different sources. These sources included real estate agents who have been active in the market area. Below is a partial list of the people who were contacted and a summary of their responses. All of the responses are based on the question “Is there a price adjustment for a property that has curbs/gutters, driveways, and/or sidewalks?”. Answer Source Yes No Statement Henry S. Miller X There isn't any difference in pricing for a property that has curbs/gutters, driveways, and/or sidewalks. (Agent: Luna Huntley) Mercer Company X Haven't notice an increase or decrease in the sale price for a property that has curbs/gutter, driveways, and/or sidewalks. (Agent: Corby Hodgkiss) Colliers X I haven't seen a difference in pricing for a properties with or without curbs/gutters, driveways, and/or sidewalks. (Agent: Brad Balke) In summary, overall the real estate agents that were contacted believe that the curbs/gutters, driveways, and/or sidewalks improvement doesn’t produce an increase in value of the property. They view the desirability as a preference and not a necessity for the sale of a property. ASSESSMENT VALUATION PROCESS The analyst acknowledges that the new street improvements will provide some enhancement to the overall value of the subject properties, but the improvements will not increase the value of the subject properties at the same rate the City is proposing to assess the property owners. As with all home improvements, the value of the enhancement is very rarely equal to or greater than the actual cost of the improvement. Samples of these types of improvements are: new roofs, replaced fencing, updating of flooring, kitchens, bathrooms, etc. Generally speaking, these type of repairs, renovations or enhancements cost more to replace/construct than they will ever return should the property be sold. A good example is the addition of a swimming pool. A typical swimming pool can cost $25,000 to install, but upon resale rarely yields $10,000 more than a similar property without a swimming pool. The same goes for a new roof. While a new roof may be a selling feature in trying to market the property, very rarely does the property owner ever realize a return on the sale of the property equal to the cost to install the new roof. The same is true with the proposed street improvements and accompanying sidewalks and drives. Based on the market data gathered and examined by the analyst, it is my opinion that the market value of the subject properties will only experience a slight increase in value because of the proposed improvements. In an effort to be equitable to the property owners, given that all of the property owners are supposedly paying their fair share, it is our opinion that the property owners be assessed at a rate of 10% of the assessed value of the lot for the street improvements (concrete paving, curbs/gutters). The property owners are assessed at a rate of 50% of the estimated construction cost of the sidewalk and concrete drive improvements. The reason for the percentages of the construction costs for the sidewalks and concrete drives, is that the improvements do not provide a dramatic increase to the overall property but offer additional benefit for the property owners. Some of the properties in the project areas already have sidewalks and drives. Those property owners should not be compelled to pay additional money for improvements that they already have in place. In some instances, particularly on the subject parcels with large tracts of land, 10% of the assessed land value is greater than the total estimated cost of the proposed improvements. This is due to the fact that these properties typically have a large amount of road frontage and benefit from greater exposure from the street, and in those instances the estimated cost of the improvements as proposed by the City of Dallas is the recommended amount. The Tables on the following pages in the Addenda identifies each of the subject properties, the assessment process employed by the City of Dallas, and finally, my estimation of a fair and reasonable value for the assessment. FRONTAGE F/6301 50 24 12 FT PVMT FT WALK FT DRIVE $114.75 $11.90 No Cost $5,737.50 $285.60 $0.00 $5,622.75 $440.30 $1,174.75 $6,023.10 21 $114.75 $11.90 $66.37 $5,737.50 $428.40 $1,008.82 MARTHA MOLINA 1115 GARDENVIEW DRIVE DALLAS, TEXAS 75217 49 FT PVMT 37 FT WALK 17.7 SY DR (12'Wide) $114.75 $11.90 $66.37 $7,237.80 F/6301 50 FT PVMT 36 FT WALK 15.2 SY DR (10'Wide) 22 1111 Gardenview Drive F/6301 ANGELA ALMARAZ & MARTHA MOLINA 1115 GARDENVIEW DRIVE DALLAS, TEXAS 75217 $4,245.75 $440.30 $7,174.72 $114.75 $11.90 TOTAL ASSESSMENT E PT LT 23 FT PVMT FT WALK AMOUNT EFRAIN RODRIGUEZ & LUZ MARIA CORPUS 1107 GARDENVIEW DRIVE DALLAS, TEXAS 75217 37 37 RATE $4,686.05 F/6301 DALLAS GARDENS BLOCK E 175' LT 24 LOT GUADALUPE J VILLELA 1103 GARDENVIEW DRIVE DALLAS, TX 75217 WEST SIDE OF STREET OWNER GARDENVIEW DRIVE FROM ALTO GARDEN DRIVE TO LOMA GARDEN AVENUE SHALL BE PAVED FROM CURB TO CURB WITH 6-INCH THICKNESS 4000-POUNDS PER SQUARE INCH REINFORCED CONCRETE PAVEMENT; WITH 6-INCH LIME STABILIZATION BASE COURSE; WITH 6-INCH HIGH INTEGRAL CURBS; WITH 6-INCH THICKNESS REINFORCED CONCRETE DRIVE APPROACH; WITH 4-INCH THICKNESS REINFORCED CONCRETE SIDEWALKS 4-FEET WIDE SO THAT THE ROADWAY SHALL BE 26-FEET IN WIDTH $1,300(10% of lot value $13,000) $142.80 rounded (50% of Sidewalk $285.60) $1,300(10% of lot value $13,000) $220.15 rounded (50% of Sidewalk $440.30) $587.37 rounded (50% of Driveway $1,174.75) $1,300(10% of lot value $13,000) $214.20 rounded (50% of Sidewalk $428.40) $504.41 rounded (50% of Driveway $1,008.82) $1,300(10% of lot value $13,000) $220.15 rounded (50% of Sidewalk $440.30) TOTAL ASSESSMENT VALUE- LAND ASSESSMENT VALUATION PROCESS (TABLES) $1,300.00 $142.80 $0.00 $1,442.80 $1,300.00 $220.15 $587.37 $2,107.52 $1,300.00 $214.20 $504.41 $2,018.61 $1,300.00 $220.15 $1,520.15 RECOMMENDED ASSESSMENT ROGER L PARENT 1143 GARDENVIEW DRIVE DALLAS, TEXAS 75217 AGUSTIN & AURELIA BASURTO 1135 GARDENVIEW DRIVE DALLAS, TEXAS 75217 RAFAEL & ROSE OREGON 1127 GARDENVIEW DRIVE DALLAS, TEXAS 75217 F/6301 13 & 14 F/6301 LT 15 & N 1/2 LT 16 F/6301 LT 17 & PT LT 16 LT 18 & N 1/2 LT 19 F/6301 NICANOR & ELIZABETH ALMENDAREZ 1123 GARDENVIEW DRIVE DALLAS, TEXAS 75217 BLOCK LT 20 & S 1/2 LT 19 F/6301 LOT ELIAS & MARIA D RODRIGUEZ 1119 GARDENVIEW DRIVE DALLAS, TEXAS 75217 OWNER FT PVMT FT WALK FT DRIVE FT PVMT FT WALK FT DRIVE 88 76 12 74 52 13.9 12.4 FT PVMT FT WALK FT DRIVE FT PVMT FT WALK SY DR (10'Wide) SY DR (12'Wide) 75 FT PVMT 65 FT WALK 13.9 SY DR (10'Wide) 73 30 17 74 58 16 FRONTAGE $8,491.50 $0.00 $922.54 $822.99 $8,606.25 $0.00 $922.54 $8,376.75 $357.00 $0.00 $8,491.50 $0.00 $0.00 AMOUNT $114.75 $10,098.00 No Cost $0.00 No Cost $0.00 $114.75 No Cost $66.37 $66.37 $114.75 No Cost $66.37 $114.75 $11.90 No Cost $114.75 No Cost No Cost RATE GARDENVIEW DRIVE FROM ALTO GARDEN DRIVE TO LOMA GARDEN AVENUE SHALL BE PAVED FROM CURB TO CURB WITH 6-INCH THICKNESS 4000-POUNDS PER SQUARE INCH REINFORCED CONCRETE PAVEMENT; WITH 6-INCH LIME STABILIZATION BASE COURSE; WITH 6-INCH HIGH INTEGRAL CURBS; WITH 6-INCH THICKNESS REINFORCED CONCRETE DRIVE APPROACH; WITH 4-INCH THICKNESS REINFORCED CONCRETE SIDEWALKS 4-FEET WIDE SO THAT THE ROADWAY SHALL BE 26-FEET IN WIDTH $10,098.00 $10,237.03 $9,528.79 $8,733.75 $8,491.50 TOTAL ASSESSMENT $1,300(10% of lot value $13,000) $1,300(10% of lot value $13,000) $461.27 rounded (50% of Driveway $922.54) $411.49 rounded (50% of Driveway $822.99) $1,300(10% of lot value $13,000) $461.27 rounded (50% of Driveway $922.54) $1,300(10% of lot value $13,000) $178.50 rounded (50% of Sidewalk $357.00) $1,300(10% of lot value $13,000) TOTAL ASSESSMENT VALUE- LAND ASSESSMENT VALUATION PROCESS (TABLES) $1,300.00 $0.00 $0.00 $1,300.00 $1,300.00 $0.00 $461.27 $411.49 $2,172.77 $1,300.00 $0.00 $461.27 $1,761.27 $1,300.00 $178.50 $0.00 $1,478.50 $1,300.00 $0.00 $0.00 $1,300.00 RECOMMENDED ASSESSMENT BLOCK G/6301 99 84 15 86 86 FT PVMT FT WALK FT DRIVE FT PVMT FT WALK FRONTAGE PT LT 6 & 7 LT 8 & N 1/2 LT 9 ISAIA RODRIGUEZ 1118 GARDENVIEW DRIVE DALLAS, TEXAS 75217 G/6301 G/6301 75 65 10.8 23.2 FT PVMT FT WALK SY DR (10'Wide) SY DR (14'Wide) 75 FT PVMT 55 FT WALK 18.7 SY DR (20'Wide) LT 5 & N 1/2 LT 6 G/6301 74 FT PVMT 64 FT WALK 1126 10.8 SY DR (10'Wide) Gardenview Drive 3&4 G/6301 1&2 1142 Gardenview Drive LOT ADELFA J SALAZAR 1122 GARDENVIEW DRIVE DALLAS, TEXAS 75217 HEATHER A MCPHERSON & MARK DEXTER 6205 SCOTTSBORO LANE GARLAND, TEXAS 75044 AMADOR GARCIA SALCEDO 1134 GARDENVIEW DRIVE DALLAS, TEXAS 75217 GEMACK INCORPORATED 204 LAURA LANE GRAND PRAIRIE, TEXAS 75052 EAST SIDE OF STREET OWNER $9,868.50 $1,023.40 AMOUNT $114.75 No Cost $66.37 $66.37 $114.75 $11.90 $66.37 $114.75 No Cost $66.37 $8,606.25 $0.00 $716.80 $1,539.78 $8,606.25 $654.50 $1,241.12 $8,491.50 $0.00 $716.80 $114.75 $11,360.25 No Cost $0.00 No Cost $0.00 $114.75 $11.90 RATE GARDENVIEW DRIVE FROM ALTO GARDEN DRIVE TO LOMA GARDEN AVENUE SHALL BE PAVED FROM CURB TO CURB WITH 6-INCH THICKNESS 4000-POUNDS PER SQUARE INCH REINFORCED CONCRETE PAVEMENT; WITH 6-INCH LIME STABILIZATION BASE COURSE; WITH 6-INCH HIGH INTEGRAL CURBS; WITH 6-INCH THICKNESS REINFORCED CONCRETE DRIVE APPROACH; WITH 4-INCH THICKNESS REINFORCED CONCRETE SIDEWALKS 4-FEET WIDE SO THAT THE ROADWAY SHALL BE 26-FEET IN WIDTH $10,862.83 $10,501.87 $9,208.30 $11,360.25 $10,891.90 TOTAL ASSESSMENT $1,300(10% of lot value $13,000) $358.40 rounded (50% of Driveway $716.80) $769.89 rounded (50% of Driveway $1,539.78) $1,300(10% of lot value $13,000) $327.25 rounded (50% of Sidewalk $654.50) $620.56 rounded (50% of Driveway $1,241.12) $1,300(10% of lot value $13,000) $358.40 rounded (50% of Driveway $716.80) $1,300(10% of lot value $13,000) $6,250 (10% of lot value $62,500) $511.70 rounded (50% of Sidewalk $1,023.40) TOTAL ASSESSMENT VALUE- LAND ASSESSMENT VALUATION PROCESS (TABLES) $1,300.00 $0.00 $358.40 $769.89 $2,428.29 $1,300.00 $327.25 $620.56 $2,247.81 $1,300.00 $0.00 $358.40 $1,658.40 $1,300.00 $0.00 $0.00 $1,300.00 $6,250.00 $511.70 $6,761.70 RECOMMENDED ASSESSMENT BLOCK 11 12 ALFONSO VAZQUEZ 1102 GARDENVIEW DRIVE DALLAS, TEXAS 75217 G/6301 G/6301 S 25' LT 9 & ALL 10 G/6301 LOT RAUL TREJO 1106 GARDENVIEW DRIVE DALLAS, TEXAS 75217 BARBARA K CLARK 1114 GARDENVIEW DRIVE DALLAS, TEXAS 75217 OWNER 38 38 49 22 27 73 50 13 15.2 FT PVMT FT WALK FT PVMT FT WALK FT DRIVE FT PVMT FT WALK FT DRIVE SY DR (10'Wide) FRONTAGE $114.75 $11.90 $114.75 $11.90 No Cost $114.75 $11.90 No Cost $66.37 RATE GARDENVIEW DRIVE FROM ALTO GARDEN DRIVE TO LOMA GARDEN AVENUE SHALL BE PAVED FROM CURB TO CURB WITH 6-INCH THICKNESS 4000-POUNDS PER SQUARE INCH REINFORCED CONCRETE PAVEMENT; WITH 6-INCH LIME STABILIZATION BASE COURSE; WITH 6-INCH HIGH INTEGRAL CURBS; WITH 6-INCH THICKNESS REINFORCED CONCRETE DRIVE APPROACH; WITH 4-INCH THICKNESS REINFORCED CONCRETE SIDEWALKS 4-FEET WIDE SO THAT THE ROADWAY SHALL BE 26-FEET IN WIDTH $4,360.50 $452.20 $5,622.75 $261.80 $0.00 $8,376.75 $595.00 $0.00 $1,008.82 AMOUNT $4,812.70 $5,884.55 $9,980.57 TOTAL ASSESSMENT $1,300(10% of lot value $13,000) $226.10 rounded (50% of Sidewalk $452.20) $1,300(10% of lot value $13,000) $130.90 rounded (50% of Sidewalk $261.80) $1,300(10% of lot value $13,000) $297.50 rounded (50% of Sidewalk $595.00) $504.41 rounded (50% of Driveway $1,008.82) TOTAL ASSESSMENT VALUE- LAND ASSESSMENT VALUATION PROCESS (TABLES) $1,300.00 $226.10 $1,526.10 $1,300.00 $130.90 $0.00 $1,430.90 $1,300.00 $297.50 $0.00 $504.41 $2,101.91 RECOMMENDED ASSESSMENT RECOMMENDATION: The Sales Comparison Method was conducted for properties along Gardenview Drive from Alto Garden Drive to Loma Garden Avenue. The method showed a comparison between properties with and without curbs and gutters, driveways, and sidewalks. Gardenview Drive from Alto Garden Drive to Loma Garden Avenue which encumbers 17 parcels, were represented within the Sales Comparison Method by a similar land property “7026 Overlook Drive, Dallas, Texas” which shared similar features as the 17 parcels. Recent land properties with improved curbs/gutters, driveways, and sidewalks were able to be obtain within the Dallas County to be compared to the represented property. Despite the distance between the subject sites and the sales, we were able to gather enough data to perform a comparative analysis for the subject properties. The comparison method concluded that there isn’t an increase in sales price for properties with curbs/gutters, driveways, and sidewalks when compared to sales of similar type properties that did not possess those features. That does not necessarily mean that a property is not more marketable or attractive to a potential purchaser, it only means that based on the data we were able to gather and verify, we could not positively prove that a difference existed in the marketplace. Based on our market analysis in which information from various sources were obtained, we can conclude that a curbs/gutters, driveways, and sidewalks may be an attractive feature for a property based on the purchaser’s preferences. However, the lack of these improvements may not affect the desirability of the property within the real estate market. While it is true that the property owners will receive a nominal benefit from having new concrete street improvements, curbs/gutters, sidewalks and drives, the benefit received from these new items will only provide a minimal amount of enhanced value to the properties when compared to the largest portion of the value of the tract; the land mass itself. As such, it is our contention that the subject properties will increase in value from the street and sidewalk improvements proposed by the City of Dallas, but not by the actual cost of the improvements. It is our opinion that the property owners should be assessed at a rate of 10% of the assessed value of the lot for the street improvements (concrete paving, curbs/gutters), and that the property owners be assessed at a rate of 50% of the estimated construction cost of the sidewalk and concrete drive improvements. CERTIFICATE We do hereby certify that, except as otherwise noted in this report: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, unbiased professional analyses, opinions and conclusions. 3. We have no present or prospective interest in the property which is the subject of this report and we have no personal interest or bias with respect to the parties involved. 4. Our compensation is not contingent upon an action or event resulting from the analyses, opinions or conclusions in, or the use of, our report. This assignment was not based on a requested minimum valuation, a specific valuation, or approval of a loan. 5. Ownership and site data was obtained from information appearing on the Tax Rolls and from data provided by the client. 6. Troy Alley, Jr. has made a personal inspection of the property which is the subject of this report. Kristen Alley has also made a personal inspection of the property. 7. Kristen Alley provided significant professional assistance to the person signing this report. 8. The analyst(s) is not an employee, officer or appointed board or commission member of the City of Dallas. We did not consider race, color, religion, sex, national origin, handicap or familial status in determining the value of the Subject Property. 9. THIS IS NOT AN OPINION OF VALUE, IT IS A ENHANCEMENT STUDY AND SHOULD NOT BE CONSIDERED AN APPRAISAL. In making any decision that relies upon our work, you should know that we have NOT followed the guidelines for development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. Con-Real, LP Troy C. Alley, 1ft. Sr. Analyst Kristen Alley Analyst ORDINANCE NO. AN ORDINANCE LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF IMPROVING AND PAVING PORTIONS OF THE FOLLOWING STREET IN THE CITY OF DALLAS, TEXAS, TO WIT: Gardenview Drive from Alto Garden Drive to Loma Garden Avenue PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREET, AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, heretofore a resolution was duly adopted by the City Council ordering the improvements of Gardenview Drive from Alto Garden Drive to Loma Garden Avenue by filling, raising, grading, and paving same; and WHEREAS, pursuant to said resolution, specifications and an estimate of the cost of such improvements were prepared for said work by the Director of Department of Public Works (City Engineer), filed with said Council, examined, approved, and adopted by it, all as required by applicable law; and WHEREAS, in compliance with the law the City Engineer prepared his statements or lists showing the names of property owners upon said street the description of their property, the total cost of the said improvements, the cost there of per front foot and cost to each property owner, said statements possessing all the other requisites required by law; and WHEREAS, thereafter the said statements were filed with the City Council and by them examined and approved and a resolution was passed by said Council determining the necessity of making an assessment for part of the cost of said pavement against property owners and their property, and fixing a time and providing for a hearing to such property owners, all in accordance with the terms of applicable law, at which hearing to such property owners were to be heard as to the benefits of the said improvements to their property, as to any error or invalidity in said proceedings, or to any matter or thing connected with the said improvements; and 1 WHEREAS, the said resolution in connection with the improvement of said street was duly adopted in compliance with the law on the 25th day of April, 2018; and WHEREAS, in accordance with the terms of the law, the City of Dallas gave notice to the property owners on said street of said hearing, by publishing a copy of said notice in the Dallas Morning News, a daily paper of general circulation in the City of Dallas, for three successive days prior to the days set for the hearing, to wit, the 13th day of June, 2018; and the City also gave notice of said hearing by mailing letters containing the same to said property owners at least fourteen (14) days before the said hearing; provided, however, that any failure of the property owners to receive said notices shall not invalidate these proceedings; and WHEREAS, said hearing was held at the time and place mentioned in the said resolution and notice, to wit, on the 13th day of June, 2018 at 1:00 O'clock P.M. at the Council Chamber in the City Hall of the City of Dallas, Texas, which hearing was then closed; and WHEREAS, at said hearing, all desiring to contest the said assessments, correct the same, or in any manner be heard concerning the benefits thereof, or in any related matter, were heard, and errors and all matters of error or mistake or inequalities or other matters requiring rectification which were called to the attention of the Council were rectified and corrected. Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS, TEXAS: SECTION 1. That the action of the City Council closing the hearing and overruling the protests at the public hearing on the 13th day of June, 2018, in these proceedings is hereby ratified and confirmed by this ordinance. That the City Council, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the street herein below mentioned and against the owners thereof; that such assessments and charges are right and proper, and are substantially in proportion to the benefits to the respective parcels of property by means of the improvement in the unit or district for which such assessments are levied, and establish substantial justice, equality, and uniformity between the respective owners of the respective properties between all parties concerned, considering the benefits received and burdens imposed. The Council further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said properties by means of the said improvements in the unit or district upon which the particular property abuts, and for which assessment is levied and charge made, in a sum in excess of the said assessment and charge made against the same by this ordinance. The Council further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City and that the proceedings of the City heretofore had with reference to said improvements are in all respects valid and regular. 2 SECTION 2. That there shall be and is hereby levied and assessed against the parcels of property hereinbelow mentioned, and against the real and true owners thereof (whether such owners be correctly named herein or not), the sums of money below mentioned and itemized shown opposite the description of the respective parcels of property, and the several amounts assessed against the same and the owners thereof, as far as such owners are known, being as follows: 3 GARDENVIEW DRIVE FROM ALTO GARDEN DRIVE TO LOMA GARDEN AVENUE SHALL BE PAVED FROM CURB TO CURB WITH 6-INCH THICKNESS 4000-POUNDS PER SQUARE INCH REINFORCED CONCRETE PAVEMENT; WITH 6-INCH LIME STABILIZATION BASE COURSE; WITH 6-INCH HIGH INTEGRAL CURBS; WITH 6-INCH THICKNESS REINFORCED CONCRETE DRIVE APPROACH; WITH 4-INCH THICKNESS REINFORCED CONCRETE SIDEWALKS 4-FEET WIDE SO THAT THE ROADWAY SHALL BE 26-FEET IN WIDTH TOTAL OWNER LOT(S) BLOCK FRONTAGE RATE AMOUNT ASSESSMENT WEST SIDE OF STREET DALLAS GARDENS GUADALUPE J VILLELA 1103 GARDENVIEW DRIVE DALLAS, TEXAS 75217 EFRAIN RODRIGUEZ & LUZ MARIA CORPUS 1107 GARDENVIEW DRIVE DALLAS, TEXAS 75217 ANGELA ALMARAZ & MARTHA MOLINA 1115 GARDENVIEW DRIVE DALLAS, TEXAS 75217 MARTHA MOLINA 1115 GARDENVIEW DRIVE DALLAS, TEXAS 75217 ELIAS & MARIA D RODRIGUEZ 1119 GARDENVIEW DRIVE DALLAS, TEXAS 75217 NICANOR & ELIZABETH ALMENDAREZ 1123 GARDENVIEW DRIVE DALLAS, TEXAS 75217 E 175' LT 24 E PT LT 23 22 1111 Gardenview Drive 21 LT 20 & S 1/2 LT 19 LT 18 & N 1/2 LT 19 F/6301 F/6301 F/6301 F/6301 F/6301 F/6301 37 FT PVMT $114.75 37 FT WALK $11.90 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $4,245.75 $440.30 $4,686.05 $3,165.90 50 FT PVMT $114.75 36 FT WALK $11.90 15.2 SY DR (10'Wide) $66.37 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $5,737.50 $428.40 $1,008.82 $7,174.72 $5,156.11 49 FT PVMT $114.75 37 FT WALK $11.90 17.7 SY DR (12'Wide) $66.37 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $5,622.75 $440.30 $1,174.75 $7,237.80 $5,130.28 50 FT PVMT $114.75 24 FT WALK $11.90 12 FT DRIVE No Cost TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $5,737.50 $285.60 $0.00 $6,023.10 $4,580.30 74 FT PVMT $114.75 58 FT WALK No Cost 16 FT DRIVE No Cost TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $8,491.50 $0.00 $0.00 $8,491.50 $7,191.50 73 FT PVMT $114.75 30 FT WALK $11.90 17 FT DRIVE No Cost TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $8,376.75 $357.00 $0.00 $8,733.75 $7,255.25 $1,520.15 $2,018.61 $2,107.52 $1,442.80 $1,300.00 $1,478.50 GARDENVIEW DRIVE FROM ALTO GARDEN DRIVE TO LOMA GARDEN AVENUE SHALL BE PAVED FROM CURB TO CURB WITH 6-INCH THICKNESS 4000-POUNDS PER SQUARE INCH REINFORCED CONCRETE PAVEMENT; WITH 6-INCH LIME STABILIZATION BASE COURSE; WITH 6-INCH HIGH INTEGRAL CURBS; WITH 6-INCH THICKNESS REINFORCED CONCRETE DRIVE APPROACH; WITH 4-INCH THICKNESS REINFORCED CONCRETE SIDEWALKS 4-FEET WIDE SO THAT THE ROADWAY SHALL BE 26-FEET IN WIDTH TOTAL OWNER LOT(S) BLOCK FRONTAGE RATE AMOUNT ASSESSMENT DALLAS GARDENS RAFAEL & ROSE OREGON 1127 GARDENVIEW DRIVE DALLAS, TEXAS 75217 AGUSTIN & AURELIA BASURTO 1135 GARDENVIEW DRIVE DALLAS, TEXAS 75217 ROGER L PARENT 1143 GARDENVIEW DRIVE DALLAS, TEXAS 75217 LT 17 & PT LT 16 LT 15 & N 1/2 LT 16 13 & 14 F/6301 F/6301 F/6301 75 FT PVMT $114.75 65 FT WALK No Cost 13.9 SY DR (10'Wide) $66.37 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $8,606.25 $0.00 $922.54 $9,528.79 $7,767.52 74 FT PVMT $114.75 52 FT WALK No Cost 13.9 SY DR (10'Wide) $66.37 12.4 SY DR (12'Wide) $66.37 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $8,491.50 $0.00 $922.54 $822.99 $10,237.03 $8,064.26 88 FT PVMT $114.75 76 FT WALK No Cost 12 FT DRIVE No Cost TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $10,098.00 $0.00 $0.00 $10,098.00 $8,798.00 86 FT PVMT $114.75 86 FT WALK $11.90 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $9,868.50 $1,023.40 $10,891.90 $4,130.20 99 FT PVMT $114.75 84 FT WALK No Cost 15 FT DRIVE No Cost TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $11,360.25 $0.00 $0.00 $11,360.25 $10,060.25 $1,761.27 $2,172.77 $1,300.00 EAST SIDE OF STREET GEMACK INCORPORATED 204 LAURA LANE GRAND PRAIRIE, TEXAS 75052 AMADOR GARCIA SALCEDO 1134 GARDENVIEW DRIVE DALLAS, TEXAS 75217 1&2 1142 Gardenview Drive 3&4 G/6301 G/6301 $6,761.70 $1,300.00 GARDENVIEW DRIVE FROM ALTO GARDEN DRIVE TO LOMA GARDEN AVENUE SHALL BE PAVED FROM CURB TO CURB WITH 6-INCH THICKNESS 4000-POUNDS PER SQUARE INCH REINFORCED CONCRETE PAVEMENT; WITH 6-INCH LIME STABILIZATION BASE COURSE; WITH 6-INCH HIGH INTEGRAL CURBS; WITH 6-INCH THICKNESS REINFORCED CONCRETE DRIVE APPROACH; WITH 4-INCH THICKNESS REINFORCED CONCRETE SIDEWALKS 4-FEET WIDE SO THAT THE ROADWAY SHALL BE 26-FEET IN WIDTH TOTAL OWNER LOT(S) BLOCK FRONTAGE RATE AMOUNT ASSESSMENT DALLAS GARDENS HEATHER A MCPHERSON & MARK DEXTER 6205 SCOTTSBORO LANE GARLAND, TEXAS 75044 ADELFA J SALAZAR 1122 GARDENVIEW DRIVE DALLAS, TEXAS 75217 ISAIA RODRIGUEZ 1118 GARDENVIEW DRIVE DALLAS, TEXAS 75217 BARBARA K CLARK 1114 GARDENVIEW DRIVE DALLAS, TEXAS 75217 RAUL TREJO 1106 GARDENVIEW DRIVE DALLAS, TEXAS 75217 ALFONSO VAZQUEZ 1102 GARDENVIEW DRIVE DALLAS, TEXAS 75217 LT 5 & N 1/2 LT 6 1126 Gardenview Drive PT LT 6 & 7 LT 8 & N 1/2 LT 9 S 25' LT 9 & ALL 10 11 12 G/6301 G/6301 G/6301 G/6301 G/6301 G/6301 74 FT PVMT $114.75 64 FT WALK No Cost 10.8 SY DR (10'Wide) $66.37 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $8,491.50 $0.00 $716.80 $9,208.30 $7,549.90 75 FT PVMT $114.75 55 FT WALK $11.90 18.7 SY DR (20'Wide) $66.37 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $8,606.25 $654.50 $1,241.12 $10,501.87 $8,254.06 75 FT PVMT $114.75 65 FT WALK No Cost 10.8 SY DR (10'Wide) $66.37 23.2 SY DR (14'Wide) $66.37 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $8,606.25 $0.00 $716.80 $1,539.78 $10,862.83 $8,434.54 73 FT PVMT $114.75 50 FT WALK $11.90 13 FT DRIVE No Cost 15.2 SY DR (10'Wide) $66.37 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $8,376.75 $595.00 $0.00 $1,008.82 $9,980.57 $7,878.66 49 FT PVMT $114.75 22 FT WALK $11.90 27 FT DRIVE No Cost TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $5,622.75 $261.80 $0.00 $5,884.55 $4,453.65 38 FT PVMT $114.75 38 FT WALK $11.90 TOTAL ADJ PER ENHANCEMENT EVAL. NET DUE BY OWNER $4,360.50 $452.20 $4,812.70 $3,286.60 $1,658.40 $2,247.81 $2,428.29 $2,101.91 $1,430.90 $1,526.10 Gardenview Drive from Alto Garden Drive to Loma Garden Avenue Total Property Owners’ Cost - Assessments $145,713.71 Adjustments Per Enhancement Evaluation $111,156.98 Net Due by Owners $34,556.73 Total City of Dallas’ Cost - Paving $384,062.77 Total City of Dallas’ Cost - Drainage $111,925.00 Total Water Utilities Department Cost Water and Wastewater Main Improvements $112,301.60 Total City of Dallas's Cost $608,289.37 Total Cost of Improvements $642,846.10 4 SECTION 3. That where more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable for its, his or her pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. SECTION 4. That the several sums above mentioned and assessed against the said parcels of property and the owners thereof, and interest thereon at the rate of eight per centum (8.00%) per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first paramount lien thereon, superior to all other liens and claims except State, County, School District and City ad valorem taxes. That the cost shall be assessed against said owners and their property respectively, in accordance with what is known as the "Front-Foot Plan", in proportion as the frontage of the property of each owner is to the whole frontage improved and shall be payable in monthly installments not to exceed one hundred twenty (120) in number, the first of which shall be payable within thirty (30) days from the date of the completion of said improvements and their acceptance by the City of Dallas, and one installment each month thereafter until paid, together with interest thereon at the current rate established and adopted by the City Council applicable to Public Improvement Assessment Accounts being paid by installments and not to exceed the statutory rate, with the provision that any of said installments may be paid at any time before maturity by the payment of the principal and the accrued interest thereon. Any property owner against whom and whose property assessment has been levied may pay the whole assessment chargeable to him without interest within thirty (30) days after the acceptance and completion of said improvements. SECTION 5. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof shall be enforced either by suit in any court having jurisdiction or by lien foreclosure. SECTION 6. That for the purpose of evidencing the several sums payable by said property owners and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates may be issued by the City of Dallas upon the completion and acceptance of the said work of improvement, which shall be executed by the Mayor, signing the same or by his facsimile signature impressed thereon, attested by the City Secretary, under the impress of the corporate seal, and shall be payable to the City of Dallas, or its assigns, which certificate shall declare the said amounts and the time and terms of payment thereof, and the said rate of interest payable thereof, and shall contain the name of the owner and the description of his property by Lot or Block 5 SECTION 6. (continued) Number of front feet thereof, or such description as may otherwise identify the same by reference to any other fact, and if said property shall be owned by an estate, then the description thereof as so owned shall be sufficient. And that the said certificates shall further provide that if default shall be made in the payment of any installment of principal or interest thereon, when due then at the option of the said City of Dallas being the owner and holder thereof, the whole of the said assessment shall at once become due and payable and shall be collectible with reasonable attorney's fees and costs if incurred. And that the said certificates shall further set forth and evidence the said personal liability of the owner and the lien upon his premises and shall provide that if default shall be made in the payment thereof, the same may be enforced as above provided. And the said certificates shall further recite that the proceedings with reference to making said improvements have been regularly in compliance with the terms of the applicable law, and that all prerequisites to the fixing of the lien and claims of personal liability evidenced by such certificates have been performed, which recitals shall be prima facie evidence of the facts so recited and no further proof thereof shall be required. That the said certificates shall also provide that the amounts payable thereunder shall be paid to the City Controller of the City of Dallas, who shall credit said payments upon the said certificates, and shall immediately deposit the amounts so collected with the City Treasurer of the City of Dallas, to be kept and held by him in a special fund, which is hereby designated as Capital Assessments Fund and which payments shall be by the Treasurer paid to the said City of Dallas or other holder of the said certificates, on presentation thereof to him, duly credited by the City Controller the said credit by said City Controller being the Treasurer's Warranty for making such payment and the said City of Dallas or other holder of said certificate, shall receipt in writing to said Treasurer when paid in full, together with all costs of collection. And that the said certificates shall further provide that the City of Dallas shall exercise all legal power, when requested so to do by the holder of said certificate, to aid in the collection thereof; but the City of Dallas shall in nowise be liable to the holder of said certificates in any manner for payment of the amount evidenced by the said certificates or for any costs or expense in the premises, or for any failure of the said City Council or any of its officers in connection therewith. Full power to make and levy reassessments, and to correct mistakes, errors, invalidates or irregularities, either in the assessments or in the certificates issued in evidence thereof, is in accordance with the law in force in this City, vested in the City. 6 SECTION 7. That all assessments levied are a personal liability and charged against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. SECTION 8. That the assessments herein levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session, with amendments thereto, now shown as Texas Transportation Code Annotated Section 311 and 313 (Vernon's 1996), which said law has been adopted as an alternative method for the construction of street improvements in the City of Dallas, Texas, by Chapter XX of the Charter of the City of Dallas. SECTION 9. That the assessments so levied are for the improvements in the particular unit or district upon which the property described abuts, and the assessments for the improvements in one unit or district are in nowise related to or connected with the improvements in any other unit or district, and in making assessments and in holding said hearing, the amounts assessed for improvements in one unit or district have been in nowise affected by any fact in anywise connected with the improvements or the assessments therefore in any other unit or district. SECTION 10. That the City Manager, or his designee, is hereby authorized to execute releases of any paving assessment liens herein levied and assessed against the parcels of property and owners thereof, if same are fully paid, such releases to be approved as to form by the City Attorney and attested by the City Secretary. 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 ordained. APPROVED AS TO FORM: LARRY E. CASTO, City Attorney BY~~ 7 STRATEGIC PRIORITY: AGENDA ITEM # 70 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 1 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 54 G ________________________________________________________________ SUBJECT A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from an open-enrollment charter school, Texans Can Academy [DBA Dallas Can Academy] as required by Section 6-4 of the Dallas City Code to allow a mixed-beverages permit (Chapter 28) for a restaurant without drive-in or drive-through service with a food and beverage certificate [Slam Tilt, Inc.] on the south line of Jefferson Boulevard, east of Bishop Avenue - AV178-002 - Financing: This action has no cost consideration to the City BACKGROUND Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Council to grant a variance from the usual spacing required between an alcohol business and a protected use. The usual spacing requirement is 300 feet in a direct line from the property line of the open-enrollment charter school to the property line of the place of business. The standard for approval of the variance is that: A. the application is for one of the following permits pursuant to the following chapters of the Texas Alcoholic Beverage Code: (i) (ii) (iii) (iv) (v) (vi) a brewer’s permit, Chapter 12; a distiller’s and rectifier’s permit, Chapter 14; a winery permit, Chapter 16; a wine and beer retailer’s permit, Chapter 25; a wine and beer retailer’s off-premise permit, Chapter 26; a mixed beverage permit with a food and beverage certificate, Chapter 28; or (vii) a manufacturer’s license, Chapter 62. BACKGROUND (continued) B. the application is for one of the following land uses: (i) general merchandise or food store use with 10,000 square feet or more of floor area; (ii) restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code; (iii) alcoholic beverage establishment limited to a microbrewery, microdistillery, or winery; or (iv) alcoholic beverage manufacturing. C. alcoholic beverages will not be sold by drive-in or drive-through service; and D. enforcement of the spacing requirements in this particular instance: (i) (ii) (iii) (iv) (v) (vi) is not in the best interest of the public; constitutes waste or inefficient use of land or other resources; creates an undue hardship on an applicant for an alcohol permit; does not serve its intended purpose; is effective or necessary; or for any other reason that the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. An application for a waiver of the spacing requirements was submitted on April 20, 2018, by Slam Tilt, Inc. Texans Can Academy, located to the south of the request site, creates the need for the variance. The subject site’s public entrance faces the south line of West Jefferson Boulevard, is one parcel east of South Bishop Avenue, and is constructed with an existing one-story building with approximately 5,000 square feet of floor area on approximately 5,588 square feet of land. The applicant proposes to sell alcohol for on-premise consumption within the existing building in conjunction with a restaurant without drive-in or drive-through service with a food and beverage certificate. While the required spacing from a school is measured property line to property line, the walking distance from the entrance of the school to the entrance of the proposed restaurant is approximately 1,034 feet, or approximately two tenths of a mile. Additionally, the site is located on the south line of an existing thoroughfare (Jefferson Boulevard) among similar retail-oriented structures. Due to the location on a thoroughfare and the physical separation of the existing structures, staff supports this request. This item requires two seconds to pass. Agenda Date 06/13/2018 - page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 9, 2009, City Council authorized an ordinance amending Section 6-4 of Chapter 6 of the Dallas City Code, establishing authority and procedures for City Council to grant an application for a variance to the spacing requirements for an alcohol business from a public or private school pursuant to Texas Alcoholic Beverage Code Section 109.33(e), by Resolution No. 09-2831; Ordinance No. 27747. On October 26, 2011, September 26, 2012, and January 22, 2014, the City Council further amended Section 6-4 of Chapter 6. FISCAL INFORMATION This action has no cost consideration to the City. MAP Attached. Agenda Date 06/13/2018 - page 3 W-l EF-F.ERS ON.BbVD W-JEFFERS ON·BbVD * SITE w > Texan s Can Acadenir (Parking Lot) " e Texan s Can Academy " W-12-TH-5-T- AV178-002 ® 1:1,000 *e Approximate location of business requesting alcohol variance Land use requiring spacing from business requesting alcohol sales : school APPLICATION FORA VARIANCE FROM THE MINIMUM DISTANCE REGULATIONS RELATED TO THE SALE OF ALCOHOLIC BEVERAGES CITY OF DALLAS Applicant Contact person, title Chapter 6-Alcoholic Beverages, City of Dallas Code of Ordinances ,,..,.-,-__,5_,.;..,,_;.\,--°'.,-""-T-----=\=\+::---+.~.:...z..,,..::._:__-==--=-;;..i._--"""~--'-X-'-'=--:~LA.1-M~_._._,""M-'~ (/Aust match the busi\eu name on TABC appt'c_~ --~-c-_.,.___ ., _._____;;;.....__ L /}' Address of request site 33.Z. l...) r ~~ G.t ...,,( l)~'t!. 17 .P- ftr~tected us e's address 3 8 Property owner's name I< 75.-J'J \ I ( Type of business seeking to sell alcohol: o Alcoholic beverage manufacturing o General merchandise or food store with 10,000 square feet or more floor area o Microbrewery, microdistillery, or winery ~Restaurant without drive-in or drivethrough service ' Type of TABC permit(s) to be sought: o Brewer's permit, ·s· I Manufacturer's license, 'BA' ~·stiller's and rectifier's permit, ·o· cod and beverage certificate, 'FB' ixed beverage permit,"MB" o Wine and beer retailer's off-premise permit, ·so· o Wine and beer retailer's permit, "BG' o Winery, 'G' The nonrefundable variance application fee is $1,200.00 and the sign fee, which is between $10 and $50 depending on street frontages. A statement explaining how the request meets the standard below is required as part of this application. The burden of proving that the request meets the standard is solely the responsib ility of the applicant. Additional evidence supporting the request may be submitted along with this application. Enforcement of the spacing requirements in this particular instance (1) is not in the best interest of the public; (2) consti tutes waste or inefficient use of land or other resources; (3) creates an undue hardship on an applicant for an alcohol permit; (4) does not serve its intended purpose; is not effective or necessary; or (5) for any other reason that the city council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. j REQUIRED ATTACHMENTS: ~ Statement of request List of officers for alcohol business and property owner ;;/'Sealed alcohol survey showing 300 foot radius and door to door measurements (protected use must be indicated on this survey) AUTHORIZATION BY PROPERTY OWNER(S) Je~ &~r I, Jt.C..Jhe owner of the property to be considered, hereby authorize the above business and representative to file this application for a variance from the requirem of Chapter 6, Section 6-4 of the City of Dallas Code of Ordinances. Ow~i~;: Name~~~-Tz_ Sworn to and subscribed before me b on this da hand and seal of office. .,..·~~~!'. '~~~''-, 2fo~f ~UlW' LAJUANA GAYLE WOOD V~~~% Notary Public. State o f Texas ~..'~ff My Comm1ss1on Expires ._,~;f,;?,;::~;,.,.,. February 10, 2019 l .;.. AV ;:ppl .C30003·25·14 Mr. David Cossum Department of Sustainable Development and Construction City of Dallas 1500 Marilla, Room SDS Dallas, Texas 75201 RE: Variance for restaurant without drive-in or drive-through service to sell alcoholic beverages for onpremise consumption at 332 W. Jefferson Blvd. Dear Mr. Cossum: Slam Tilt, Inc. seeks to operate Dallas Pinball Project at the address listed above. They seek a certificate of occupancy as a restaurant without drive thru service. This location is located within three hundred feet of Dallas Can Academy to the south. However, that portion of the property within the three hundred foot radius is their parking lot. The proposed restaurant will maintain its entrance facing Jefferson Boulevard. It is over 1,000 feet from door to door between the protective use and this proposed restaurant. To prohibit this establishment from serving alcoholic beverages due to its proximity to a protective use parking lot is not in the best interest of the public. The commercial corridor along Jefferson is a vibrant mix of restaurant, retail, and personal service uses. A variance to the spacing requirement for this use at this location does not create an adverse effect on the surrounding community. A restaurant use must still comply with TABC requirements for training and serving of alcohol among its staff. An undue hardship is placed onto this location that the restaurants on the north side of Jefferson Boulevard in this block. It is the only restaurant that would be limited from alcohol sales because it is on the south side of Jefferson Boulevard. We have included a TABC field survey, list of officers, and application for this variance request. Please feel free to contact our offices if you need any additional information regarding this application. List of officers Slam Tilt, Inc Corey Hyden President and CEO Richard Tregilgas Chief Operating Officer List of Officers Jefferson Bishop Partners LLC Steven Levin President Oliver Robinson Vice President Stephen Schwartz Vice President DALLAS PINBALL PROJECT 332 W. Jefferson Boulevard Dallas, Tx. 75208 Mapsco Page 54-G Jefferson Partners L.P. ALCOHOL MEASUREMENT PLAT I 11111 HW'-'--'-11----.J··I EiE [[]] I ~ 1- SUNSET '' ,.. ~· ,, " K. 300' Res tr ictive Zo ne ('from property lin e) ,, I c.. 12- .. n ,. _{J J, EF"3 $CAi.( ,. - J1 '6 12"' Street lf/IJ' !!:~Ii UllO< DETAIL Scale: 1" Tll'":iM~w Col¥0tio 150' 'O ; otd Wolktr.9 Oft'(ft(:• Door to Go«• 449.9' i~ ~ W . JEFFERSON BLVD. ~ti,~~;=================~ ID ! (ii I :c 1'1--.±:.='<.\---~~~~~~~~~-I 0 11--~~~~~~~~~~~~---J .,, I ~I m 1 . ~11====\==¥=======--___J ,.r ST. 12TH ST. I ho~ conducted (or covsed to be cond\.lctect) o physical inspection of the onto and o dili9ent se0tch of publle records to determine if the ploee of business Is located near any proteclecl uses.. Thit sur~y mop shows that the ploce or business where olcoholie bevtt"oqes wiJI b e sold does not meet th.• locolioii requirements in Oollos City Code 6-4. The DALlAS PINBALL PROJECT, located at 332 W. Jefferson Sovlevord. in the City of Oollos. is within 300 feel of o church, oub!ic or privote school. doy core cente<, child core facility or o pvblic tiospilol os defined in Oollcs City COde Sectioo 6-4. _.e{ O / / / ff ~ t;:T ~~G R = Residet1tK>t e: ~=r::~rclol Dote _ _4_/1_3_/_ 2_01_s_ Job,_ _1_s_--'2_10_ _ Re'Otect.o pt0f>9'1ltt ift.eh.ldecf o seorch of opptoltol dlstrl011 / l e - NG. 1004Ql00 COUNCIL CHAMBER June 13, 2018 WHEREAS, Section 6-4(g) of the Dallas City Code authorizes the City Council to grant variances from the alcohol spacing requirements prescribed by Section 6-4(a) of the Dallas City Code; and WHEREAS, Slam Tilt, Inc. has submitted an application for a mixed beverages permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code for a restaurant without drive-in or drive-through service with a food and beverage certificate, and is requesting a variance to the alcohol spacing requirements for a property on the south line of Jefferson Boulevard, east of Bishop Avenue, north of Texans Can Academy, an open-enrollment charter school; and WHEREAS, the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, finds that enforcement of the alcohol spacing requirements in this particular instance: (1) is not in the best interest of the public; (2) constitutes waste or inefficient use of land or other resources; (3) creates an undue hardship on an applicant for an alcohol permit; (4) does not serve its intended purpose; and (5) is not effective or necessary; and WHEREAS, the City Council desires to grant the alcohol spacing variance. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the variance to the alcohol spacing requirements for Slam Tilt, Inc. dba Dallas Pinball Project, for property on the south line of Jefferson Boulevard, east of Bishop Avenue and north of Texans Can Academy, an open-enrollment charter school, is granted, subject to the following conditions: (1) This alcohol spacing variance is valid only for a mixed beverages permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code. (2) This alcohol spacing variance is valid only for a restaurant without drive-in or drive-through service with a food and beverage certificate in the location shown on the attached location map. COUNCIL CHAMBER June 13, 2018 SECTION 1. (continued) (3) Alcoholic beverages may not be sold by drive-in or drive-through service. (4) This alcohol spacing variance is valid for subsequent renewals of the alcohol permit. (5) This alcohol spacing variance may not be transferred to another location or to another alcohol permit holder. SECTION 2.That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: LARRY E. CASTO, City Attorney BY: ________________________________ Assistant City Attorney Passed ______________________________ STRATEGIC PRIORITY: AGENDA ITEM # 71 Government Performance and Financial Management AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): N/A DEPARTMENT: Office of Budget CMO: Elizabeth Reich, 670-7804 MAPSCO: N/A ________________________________________________________________ SUBJECT A public hearing to receive comments on (1) the Proposed FY 2018-19 HUD Consolidated Plan Budget for U.S. Department of Housing and Urban Development Grant Funds; (2) the Proposed FY 2017-18 Reprogramming Budget; and (3) an amendment to the five-year Consolidated Plan to extend the covered period by one year, from September 30, 2018 to September 30, 2019 - Financing: No cost consideration to the City BACKGROUND Federal regulations require a public hearing on the City's Proposed Consolidated Plan Budget for U. S. Department of Housing and Urban Development (HUD) grant funds. This includes the following grants: Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA). Federal regulations also require a public hearing on the City's Proposed Reprogramming Budget and the amendment to the five-year Consolidated Plan. A public comment period of not less than 30 days and a public hearing to receive comments is also required by federal regulations and the City’s Citizen Participation Plan. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 23, 2018, City Council authorized preliminary adoption of the Proposed FY 2018-19 Consolidated Plan Budget, the Proposed FY 2017-18 Reprogramming Budget, an amendment to the five-year Consolidated Plan, and authorized a public hearing on June 13, 2018 to receive comments by Resolution 18-0772. INFORMATION No cost consideration to the City. Agenda Date 06/13/2018 - page 2 STRATEGIC PRIORITY: AGENDA ITEM # 72 Mobility Solutions, Infrastructure, and Sustainability AGENDA DATE: June 13, 2018 COUNCIL DISTRICT(S): 14 DEPARTMENT: Department of Sustainable Development and Construction CMO: Majed Al-Ghafry, 670-3302 MAPSCO: 36 W; X ________________________________________________________________ SUBJECT An appeal of the City Plan Commission’s decision to deny a waiver of the two-year waiting period to submit an application for an amendment to Planned Development District No. 691, with an MD-1 Modified Delta Overlay and a D Liquor Control Overlay on a portion, on the northwest corner of Greenville Avenue and Lewis Street W178-005 - Financing: This action has no cost consideration to the City Note: This item was considered by the City Council at a public hearing on May 23, 2018, and was held under advisement until June 13, 2018 with the public hearing open BACKGROUND Section 51A-4.701(d) of the Dallas Development Codes states that “after a final decision is reached by the Commission or City Council either granting or denying a request for a change in a zoning district classification or boundary, no further applications may be considered for that property for two years from the date of the final decision.” The code allows for a property owner to apply for a waiver of the two-year limitation. The Commission may waive the time limitation if there are changed circumstances regarding the property sufficient to warrant a new hearing. If the City Plan Commission denies the request, the applicant may appeal to the City Council. An applicant submitted an application for an amendment to Planned Development District No. 691, with an MD-1 Modified Delta Overlay and a D Liquor Control Overlay on a portion, on the northwest corner of Greenville Avenue and Lewis Street. This request was approved by the City Council on December 13, 2017. Thereafter, on March 22, 2018, the City Plan Commission denied a request for a waiver for the two-year waiting period. The applicant indicates the change in circumstances regarding the property to warrant a new hearing is that this will be a replacement site for a temporary cellular antenna in the vicinity that has to be removed prior to January 2019, citing “the cellular coverage would be severely degraded waiting until the two-year waiting period is over”. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 13, 2017, the City Council approved an amendment to Planned Development District No. 691, with an MD-1 Modified Delta Overlay and a D Liquor Control Overlay on a portion, on the northwest corner of Greenville Avenue and Lewis Street. On March 22, 2018, the City Plan Commission denied a request for a waiver for the two-year waiting period. On May 23, 2018, this item was held under advisement by Councilmember Philip T. Kingston. FISCAL INFORMATION This action has no cost consideration to the City. MAP Attached Agenda Date 06/13/2018 - page 2 I RICHMOND AVE R-7.S(A) PD 167 PROSPECT AVE NS(A) ALTA AVE MF-2(A) PD 462 c} *~"?- ~o PD 965 I PD462 (Subdistrict 5) IVl ~ <( :a: HUDS ... z·45-202 CR ® 1:3,600 v ~ z 0 F :;:: )> z 0 ;o iz E -n -n ~ 0 G) m ~ ~ P(A) UNDELL AVE ZONING MAP Z167-238 Case no: -~~=-=--=-.:......:....-- 10/3/2017 Date: _ _-=--:... _ _ _ __ APPLICATION FOR WAIVER OF TWO·YEAR WAITING PERIOD Z167-238 Zoning File No. _ _ __ _ _ _ __ _ _ _ __ _ __ __ _ __ _ Location Northwest comer of Greenville Avenue and Lewis Street Date of last CPC or CC Action December 13, 2017 ---- - ------------ - Applicant's Name, Address & Phone Number Ka~ A C rawley 900 Jackson Street, Ste. 640 Dallas, Texas 75202 Property Owner's Name, Add ress and Phone No., if different from above See Attached State briefly change of circumstances since the last hearing on the property that would warrant reconsideration of another request in less than two years. After the conclusion of the recent zoning cllange for the retail portion of the PO, Verizon found this replacement site for the temporary cellular antenna located at Belmont and Greenville. The temporary location must be removed and replaced prior to January 2019. l he cellular coverage for this area would be severely degraded waiting until the two-year waiting period is over. Amending the existing PO to alow mounted celluJar antennae would replaced a replacement monopole in the area. I See Attached Owner's Signature (~individual) or Letter of Authorization (from eo