2 - /9- 0 ~ - City of Dallas

JANUARY 14, 2009 CITY COUNCIL AGENDACERTIFICATION

This certification is given pursuant to Chapter XI, Section 9 of the City Charter for theCity Council Agenda dated January 14, 2009. We hereby certify, as to those contracts,agreements, or other obligations on this Agenda authorized by the City Council forwhich expenditures of money by the City are required, that all of the money required forthose contracts, agreements, and other obligations is in the City treasury to the credit ofthe fund or funds from which the money is to be drawn, as required and permitted bythe City Charter, and that the money is not appropriated for any other purpose.

Edward ScotCity Controller

/2 - /9- 0 ~

Date

Date

Generallnformation

The Dallas City Council regularly meets on Wednesdaysbeginning at 9:00 a.m. in the Council Chambers, 6th floor, CityHall, 1500 Marilla. Council agenda meetings are broadcast liveon WRR-FM radio (101.1 FM) and on AT&T CityCable Channel6B. Briefing meetings are held the first and third Wednesdays ofeach month. Council agenda (voting) meetings are held on theseco~d and fourth Wednesdays. Anyone wishing to speak at ameeting should sign up with the City Secretary's Office by calling(214) 670-3738 before 9:00 a.m. on the meeting date. Citizensc~n !'nd out t~e name of their representative and their votingdistrict by calling the City Secretary's Office.

Sign interpreters are available upon request with a 48-houradvance notice by calling (214) 670-5208 vrrDD. The City ofDallas is committed to compliance with the Americans withDisabilitiesAct. The Council agenda is available in alternativeformats upon request.

If you have any questions about this agenda or comments orcomplaints about city services, call 311.

Rules of Courtesy

City Council meetings bring together citizens of many variedinteres!sand ideas. To insure fairness and orderly meetings, theCouncil has adopted rules of courtesy which apply to allmembers of the Council, administrative staff, news mediacitizens and visitors. These procedures provide: '

That no one shall delay or interrupt the proceedings, orrefuse to obey the orders of the presiding officer.

AI~ p~rsons shouldrefrain from private conversation, eating,drinkinq and smoking while in the Council Chamber.

Posters or placards must remain outside the CouncilChamber.

No cellular phones or audible beepers allowed in CouncilChamber while City Council is in session.

"Citizens and other visitors attending City Council meetings shallobs~rve the same rules of propriety, decorum and good conductapplicable to members of the City Council. Any person makingpersonal, impertinent, profane or slanderous remarks or whobecomes boisterous while addressing the City Councilor whileattending the City Council meeting shall be removed from theroom if the sergeant-at-arms is so directed by the presidingofficer, and the person shall be barred from further audiencebefore the City Council during that session of the City Council.If the presidingofficer fails to act, any member of the City Councilmay move to require enforcement of the rules, and theaffir~~tive vote of a m~jority of the City Council shall require thepresiding officer to act. Section 3.3(c) of the City Council Rulesof Procedure.

Informacion General

EIAy~.ntamiento de I~ Ciudad de Dallas se reune regularmentelos mlerc?lesen la Ca!'"ara del Ayuntamiento en el sexto piso dela Alcaldla, 1500 Manila, a las 9 de la manana. Las reunionesinformativas se lIevan a cabo el primer y tercer rniercoles delme~. Estas audiencias se transmiten en vivo por la estaci6n deradio WRR-FM 101.1 Y por cablevisi6n en la estaci6n AT&TCityCable Canal 6B. EI Ayuntamiento Municipal se reune elsegundo y cuarto miercoles del mes para tratar asuntospresentadosde manera oficial en la agenda para su aprobaci6n.Toda persona que desee hablar durante la asamblea delAyuntamiento, debe inscribirse lIamando a la SecretariaMunicipal al telefono (214) 670-3738, antes de las 9 de lamanana del dia de la asamblea. Para enterarse del nombre desu representante en el Ayuntamiento Municipal y el distritodonde usted puede votar, favor de lIamar a la SecretariaMunicipal.

lnterpretes para personas con impedimentos auditivos estandisponibles si 10 solicita con 48 horas de anticipaci6n lIamandoal (214) 670-5208 (aparato auditivo VrrDD). La Ciudad deDallas se esfuerza por cumplir con el decreto que protege a laspersonas con impedimentos,Americans with Disabilties Act. Laagenda del Avuntamiento esta disponible en format~alternos si 10solicita.

Si tiene preguntas sobre esta agenda, 0 si desea hacercomentarios 0 presentar quejas con respecto a servicios de laCiudad, lIame al 311.

Reglas de Cortesia

Las asambleasdel Ayuntamiento Municipal reunen a ciudadanos?e di~e:sos intereses e ideologias. Para asegurar laimparcialidady el orden durante las asambleas, el Ayuntamientoha adoptado ciertas reglas de cortesia que aplican a todos losmiembros del Ayuntamiento,al personal administrativo,personalde los medios de comunicaci6n, a los ciudadanos, y a visitantes.Estos reglamentos establecen 10 siguiente:

Ninguna pesona retrasara 0 interrumpira los procedimientos, 0 seneqara a obedecer las 6rdenes del oficial que preside la asamblea.

Todas las personas deben de abstenerse de entablarconversaciones, comer, beber y fumar dentro de la camaradel Ayuntamiento.

Anuncios y pancartas deben permanecer fuera de lacarnara del Ayuntamiento.

No se permite usar telefonos celulares 0 enlaceselectr6nicos (pagers) audibles en la carnara delAyuntamiento durante audiencias del AyuntamientoMunicipal.

"Los ciudadanos y visitantes presentes durante las asambleasdel Ayuntamiento Municipal deben de obedecer las mismasreglas de comportamiento, decoro y buena conducta que seaplican a los miembros del Ayuntamiento Municipal. Cualquierpersona que haga comentarios impertinentes, utilice vocabularioobsceno 0 difamatorio, 0 que al dirigirse al Ayuntamiento 10 hagaen forma escandalosa, 0 si causa disturbio durante la asambleadel Ayuntamiento Municipal, sera expulsada de la camara si eloficial que este presidiendo la asamblea asi 10 ordena. Adernas,se Ie prohibira continuar participando en la audiencia ante elAyuntamientoMunicipal. Si el oficial que preside la asamblea notoma acci6n, cualquier otro miembro del Ayuntamiento Municipalpuede .tomar medidas para hacer cumplir las reglas~~tablecldas, y el voto afirmativo de la mayoria del AyuntamientoMunicipal precisara al oficial que este presidiendo la sesi6n atomar acci6n." Sequn la secci6n 3.3(c) de las reglas deprocedimientos del Ayuntamiento.

AGENDA CITY COUNCIL MEETING

WEDNESDAY, JANUARY 14, 2009 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 - 32

ITEMS FOR INDIVIDUAL CONSIDERATION

No earlier Items 33 - 34 than 9:30 a.m.

PUBLIC HEARINGS AND RELATED ACTIONS 1:00 p.m. Items 35 - 51

NOTE: A revised order of business may be posted prior to the date of the council meeting if necessary.

AGENDA

CITY COUNCIL MEETING

JANUARY 14, 2009

CITY OF DALLAS

1500 MARILLA

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 December 10, 2008 City Council Meeting CONSENT AGENDA Business Development & Procurement Services 2. Authorize a thirty-six-month service contract for plumbing services at City facilities -

Concept Facility Services LLC, lowest responsible bidder of three - Not to exceed $718,000 - Financing: Current Funds ($437,250), Aviation Current Funds ($140,375), Water Utilities Current Funds ($140,375) (subject to annual appropriations)

3. Authorize the purchase of four mobile video surveillance systems and related

accessories for Court and Detention Services’ Hidden Camera Initiative - First Witness Video Surveillance Systems, lowest responsible bidder of two - Not to exceed $54,020 - Financing: Texas Commission on Environmental Quality of Life Grant Funds

4. Authorize a twelve-month master agreement, with two twelve-month renewal options,

for backflow preventers for fire hydrants - HD Supply Waterworks, LTD in the amount of $273,000 and Longhorn, Inc. the deepest discount given for expenditures in the amount of $54,000, lowest responsible bidders of four - Total not to exceed $327,000 - Financing: Water Utilities Current Funds

January 14, 2009 2

CONSENT AGENDA (Continued) Business Development & Procurement Services (Continued) 5. Authorize a thirty-six-month master agreement for emergency road flares - Standard

Fuses Corp. dba Orion Safety Products, lowest responsible bidder of four - Not to exceed $789,000 - Financing: Current Funds

6. Authorize (1) a sixty-month service contract for centrifugal chiller maintenance at the

Convention Center; and (2) a service contract to remove and replace the cooling tower at the White Rock Pump Station - AAF-McQuay, Inc., dba McQuay International in the amount of $913,580 and Gulf Energy Systems, Inc. in the amount of $119,000, lowest responsible bidders of four - Not to exceed $1,032,580 - Financing: Convention and Event Services Current Funds ($913,580) (subject to annual appropriations), Water Utilities Capital Construction Funds ($119,000)

City Attorney's Office 7. Authorize settlement of the lawsuit styled Anthony Parker v. City of Dallas, Cause No.

07-08109-B - Not to exceed $12,500 - Financing: Current Funds 8. Authorize settlement of the lawsuit styled Phillip Morris v. Roy Fry and the City of

Dallas, Cause No. 06-00298-B - Not to exceed $12,000 - Financing: Current Funds 9. Authorize settlement of the lawsuit styled Kenneth Watts v. City of Dallas, Cause No.

06-08503-D - Not to exceed $40,000 - Financing: Current Funds 10. Authorize settlement of a claim for attorney fees in the lawsuit styled City of Dallas v.

Jack Gouge, Cause No. 08-00309-D - Not to exceed $17,000 - Financing: Current Funds

Department of Development Services 11. A resolution declaring approximately 177,990 square feet of City-owned land improved

with an animal shelter, unwanted and unneeded located near the intersection of Forney Road and Olson Drive, and authorizing its advertisement for sale by sealed bid with a minimum bid of $400,000 - Financing: No cost consideration to the City

12. Authorize moving expense and replacement housing payments for Benina Gonzalez in

the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property for the new Dallas Police Academy - Not to exceed $41,700 - Financing: 2003 Bond Funds

13. Authorize moving expense and replacement housing payments for Hector Manuel

Cindo and Dora E. Cindo in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property for the new Dallas Police Academy - Not to exceed $43,300 - Financing: 2003 Bond Funds

January 14, 2009 3

CONSENT AGENDA (Continued) Department of Development Services (Continued) 14. Authorize moving expense and replacement housing payments for Josie Anguiano in

the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property for the new Dallas Police Academy - Not to exceed $40,500 - Financing: 2003 Bond Funds

15. Authorize approval of a site plan for improved open space in a Community Unit

Development for the Oak Forest Estates subdivision on the south side of Forest Lane, east of High Forest Drive - Financing: No cost consideration to the City

16. An ordinance abandoning a portion of a wastewater easement to Ron Crosby and Paige

Crosby, the abutting owners, containing approximately 1,078 square feet of land located near the intersection of Ash Bluff Lane and Breawood Place - Revenue: $5,400 plus the $20 ordinance publication fee

17. An ordinance abandoning a portion of an alley to Kenny Allan Troutt and Lisa Copeland

Troutt, the abutting owners, containing approximately 2,057 square feet of land, located near the intersection of Strait and Harrys Lanes, and authorizing the quitclaim - Revenue: $113,649 plus the $20 ordinance publication fee

Economic Development 18. Authorize an amendment to the development agreement with Uptown Dallas Inc., (1) to

increase the contract funding from $2,300,000 to $2,600,000 for additional utility work and streetscape improvements supporting the development of Block 547 (located in the State-Thomas TIF District at the corner of Maple-Routh Connection, Thomas Avenue, Routh Street and Colby Street), and (2) the ratification of the pledge and dedication of $300,000 in State-Thomas TIF funds by the State-Thomas TIF Board effective as of December 17, 2008, (the date the State-Thomas TIF District Board of Directors pledged such funding) - Financing: $300,000 - State-Thomas TIF District Funds

19. Authorize a public hearing to be held on January 28, 2009 to receive comments

concerning the creation of City of Dallas Reinvestment Zone No. 72 located at 4800 Langdon Road, Dallas, Texas; and, at the close of the hearing, consideration of: (1) an ordinance creating City of Dallas Reinvestment Zone No. 72; and (2) a 50 percent business personal property tax abatement for ten years with Advanced H2O, LLC. and DLH Dallas Logistics 634, LLC. - Financing: No cost consideration to the City

Equipment & Building Services 20. Authorize a professional services contract with DSGN Associates, Inc., to provide

design services for acoustical enhancements at the Morton H. Meyerson Symphony Center located at 2301 Flora Street - Not to exceed $52,000 - Financing: 2006 Bond Funds

January 14, 2009 4

CONSENT AGENDA (Continued) Office of Financial Services 21. Authorize the optional redemption of the Sports Arena Project Tax Exempt Special Tax

Revenue Bonds, Series 1998A in an amount not to exceed $61,015,000 in principal plus call premium of $610,150 - Total not to exceed $61,625,150 - Financing: Sports Arena Project Surplus Debt Redemption Funds ($56,461,150) and Sports Arena Debt Service Reserve Funds ($5,164,000)

Park & Recreation 22. Authorize a twenty-year operation and lease agreement, with two five-year renewal

options, for design, construction, development, occupancy, operation, maintenance and programming for a wellness center at the Juanita J. Craft Recreation Center located at 4500 Spring Avenue from January 15, 2009 to January 31, 2039 with Southern Sector Health Initiative, a Texas nonprofit corporation, and Baylor Health Care System, a Texas nonprofit corporation - Annual Revenue: $10

23. Authorize a contract for athletic field improvements and sports lighting at

Jaycee/Zaragoza Park located at 3114 Clymer Street - Geotechnical Environmental Systems, Inc., lowest responsible bidder of three - $701,700 - Financing: 2006 Bond Funds

24. Authorize a contract for the construction of a new pavilion, security lighting, and site

furnishings at Brownwood Park located at 3424 Walnut Hill Lane - A S Con, Inc., best value proposer of three - $207,100 - Financing: 2003 Bond Funds

Police 25. Authorize a Memorandum of Understanding with the Dallas Independent School District

to set out the policies and procedures for providing School Crossing Guard Services for the 2008-09 school year - Revenue: $23,145

Public Works & Transportation 26. Authorize the City Manager to provide a notice of establishment for a Quiet Zone along

the Trinity Railway Express at the Market Center crossing as required by the Federal Railroad Administration Final Train Horn rule 49 CFR Part 222 and 229 - Financing: No cost consideration to the City

Trinity River Corridor Project 27. Authorize a professional services contract with Nathan D. Maier Consulting Engineers,

Inc., for the development of design and construction documents for the IH 20 Gateway Park in the Great Trinity Forest - $190,818 - Financing: 1998 Bond Funds

January 14, 2009 5

CONSENT AGENDA (Continued) Trinity River Corridor Project (Continued) 28. Authorize Supplemental Agreement No. 2 to the contract with Hellmuth, Obata &

Kassabaum, LP, for the development of design and construction documents for the Trinity Forest Trail, Phase III from the Trinity River Audubon Center to the Texas Horse Park; from Joppa Preserve along the west side of the Trinity River northward to near Highway 310 where it will cross over the Trinity River back to Rochester Park Trailhead; and from the Joppa Trailhead eastward where it will cross the Trinity River to the Texas Horse Park - Not to exceed $1,142,288, from $1,014,433 to $2,156,721 - Financing: 1998 Bond Funds

29. Authorize Supplemental Agreement No. 3 to the professional services contract with

Bridgefarmer and Associates, Inc. for additional engineering design and surveying services for storm drainage and landscaping upgrades for the Beckley Avenue and Commerce Street intersection improvements - Not to exceed $49,718, from $275,123 to $324,841 - Financing: 2003 Bond Funds

Water Utilities 30. Authorize a professional services contract with CH2M HILL, Inc. to provide engineering

services for the preliminary study and evaluation for the Lake Ray Hubbard Indirect Recycled Water Phase I Flows Transfer Project to be reimbursed from financing received from the Texas Water Development Board low interest loan program upon approval and receipt - $2,172,279 - Financing: Water Utilities Capital Construction Funds

31. Authorize an Advanced Funding Agreement with the State of Texas, acting through the

Texas Department of Transportation, for water and wastewater main relocations and adjustments in Motor Street from Harry Hines Boulevard to Maple Avenue - $925,969 - Financing: Water Utilities Capital Construction Funds

32. Authorize Supplemental Agreement No. 2 to the professional services contract with

Chiang Patel and Yerby, Inc. to provide additional engineering services for the proposed East Bank-West Bank Interceptor Connection - Not to exceed $156,535, from $1,539,000 to $1,695,535 - Financing: Water Utilities Capital Construction Funds

ITEMS FOR INDIVIDUAL CONSIDERATION City Secretary’s Office 33. 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)

January 14, 2009 6

ITEMS FOR INDIVIDUAL CONSIDERATION (Continued) ITEMS FOR FURTHER CONSIDERATION Business Development & Procurement Services 34. Authorize a thirty-six-month service contract for the purchase, installation, application

hosting service and maintenance of Global Positioning System equipment for route optimization of Sanitation fleet vehicles - Remote Dynamics, Inc., most advantageous proposer of six - Not to exceed $697,059 - Financing: Current Funds (subject to annual appropriations)

PUBLIC HEARINGS AND RELATED ACTIONS Department of Development Services ZONING CASES - CONSENT 35. A public hearing to receive comments regarding an application for and an ordinance

granting an MF-3(A) Multifamily District and a resolution accepting deed restrictions volunteered by the applicant, on property zoned an MF-2(A) Multifamily District, on the north side of East Northwest Highway, east of Shady Brook Lane

Recommendation of Staff and CPC: Approval, subject to deed restrictions volunteered by the applicant

Z078-196(OTH) 36. A public hearing to receive comments regarding an application for and an ordinance

granting an amendment to and expansion of Planned Development District No. 712 for UC-2 Urban Corridor District Uses in an area zoned Planned Development District No. 712, an IR Industrial Research District and an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District, in an area generally bounded by Medical District Drive, Cass Street, Macatee Street, and Bengal Street

Recommendation of Staff and CPC: Approval, subject to a conceptual plan and conditions

Z078-274(RB) 37. A public hearing to receive comments regarding an application for and an ordinance

granting an amendment to Specific Use Permit No. 1629 for a Private school on property zoned a CS Commercial Service District, located on the east line of Davenport Road, north of Crestland Avenue

Recommendation of Staff and CPC: Approval, subject to a site plan and conditions Z078-286(RB)

January 14, 2009 7

PUBLIC HEARINGS AND RELATED ACTIONS (Continued) Department of Development Services (Continued) ZONING CASES - CONSENT (Continued) 38. A public hearing to receive comments regarding an application for and an ordinance

granting a Planned Development District for multifamily uses on property zoned an MF-1(A) Multifamily District, on the northwest corner of Montfort Drive and Verde Valley Lane

Recommendation of Staff and CPC: Approval, subject to a development plan and conditions

Z078-293(WE) 39. A public hearing to receive comments regarding an application for and an ordinance

granting a CS Commercial Service District on property zoned an IR Industrial Research District on the southeast corner of Walnut Hill Lane and Stemmons Freeway

Recommendation of Staff and CPC: Approval Z078-298(MAW) 40. A public hearing to receive comments regarding an application for and an ordinance

granting a Specific Use Permit for a mini-warehouse use on property zoned a MU-2 Mixed Use District on the north side of Gannon Lane, west of Westmoreland Road

Recommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewal for additional ten-year periods, subject to a site plan and conditions

Z078-300(MAW) 41. A public hearing to receive comments regarding an application for and an ordinance

granting an amendment to Planned Development District No. 747 on property generally bounded by Grand Avenue, Lamar Street, Sanger Avenue, Holmes Street, Ervay Street and the GCSF Railroad right-of-way

Recommendation of Staff and CPC: Approval, subject to conditions Z078-305(OTH) 42. A public hearing to receive comments regarding an application for and an ordinance

granting an amendment to the conditions for Planned Development District No. 268 for SC Shopping Center District Uses in the northeast quadrant of Preston Road and Frankford Road

Recommendation of Staff and CPC: Approval, subject to a detached premise sign plan, detached premise sign landscape plan, and conditions

Z078-308(RB) 43. A public hearing to receive comments regarding an application for and an ordinance

granting a CR Community Retail District on property zoned an IR Industrial Research District on the southeast corner of Hampton Road and Singleton Boulevard

Recommendation of Staff and CPC: Approval Z089-101(JH)

January 14, 2009 8

PUBLIC HEARINGS AND RELATED ACTIONS (Continued) Department of Development Services (Continued) ZONING CASES - INDIVIDUAL 44. A public hearing to receive comments regarding an application for a Conservation

District on property zoned an R-7.5(A) Single Family District, a CR Community Retail District, an MF-2(A) Multifamily District and a P(A) Parking District in an area generally bounded by the northern blockfaces of Angora Street, the western blockface of Old Gate, both sides of Eustis Avenue, and the eastern blockfaces of Lakeland Drive and an ordinance granting a Conservation District on property zoned an R-7.5(A) Single Family District

Recommendation of Staff: Denial of the conservation district and denial of the conceptual plan and recommend that the City Plan Commission authorize a hearing to consider a Planned Development District

Recommendation of CPC: Approval of the conceptual plan and approval of a Conservation District, subject to the applicant’s conditions with revisions on property zoned an R-7.5(A) Single Family District, with no change to property zoned a CR Community Retail District, a P(A) Parking District, and MF-2(A) Multifamily District

Z056-277(KS) 45. A public hearing to receive comments regarding an application for a Specific Use Permit

for a recycling buy-back center use on property zoned an IM Industrial Manufacturing District on the northwest side of Hickory Street, east of Malcolm X Boulevard

Recommendation of Staff and CPC: Denial Z078-289(JH) 46. A public hearing to receive comments regarding an application for and an ordinance

granting a Specific Use Permit for an open enrollment charter school on property within Subdistrict S2b of Planned Development District No. 521 for mixed uses on the south side of Camp Wisdom Road, west of Eagle Ford Drive

Recommendation of Staff: Approval for five-year period with eligibility for automatic renewals for additional ten-year periods, subject to a revised site plan, landscape plan, traffic management plan and staff’s recommended conditions.

Recommendation of CPC: Approval for ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan, landscape plan, traffic management plan and conditions

Z078-114(WE)

January 14, 2009 9

PUBLIC HEARINGS AND RELATED ACTIONS (Continued) Department of Development Services (Continued) ZONING CASES - INDIVIDUAL (Continued) 47. A public hearing to receive comments regarding an application for the renewal of and

amendment to Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern use with the addition of a Class A dance hall on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District, on the south side of Exposition Avenue, between Ash Lane and Parry Avenue and an ordinance granting the renewal of Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern

Recommendation of Staff: Approval of renewal of Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern, for a two-year period subject to a site plan and conditions

Recommendation of CPC: Approval of renewal of Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern, for a one-year period subject to a site plan and conditions

Z078-306(OTH) 48. A public hearing to receive comments regarding an application for and an ordinance

granting a Planned Development Subdistrict for an Animal clinic with outside run, Kennel with outside run, and LC Light Commercial Subdistrict Uses on property zoned an LC Light Commercial District Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the northwest corner McKinney Avenue and Sneed Street with consideration being given to permitting the requested animal clinic with outside run and kennel with outside run by specific use permit

Recommendation of Staff: Denial Recommendation of CPC: Approval, subject to a development plan and conditions Z078-239(RB) 49. A public hearing to receive comments regarding a City Council authorized hearing with

consideration being given to determining the land use compatibility of Specific Use Permit No. 1222 for a Commercial amusement (inside) use for a Class A Dance hall on property zoned a CR Community Retail District on the northeast line of Gaston Avenue, northwest of Garland Road and an ordinance repealing Specific Use Permit No. 1222

Recommendation of Staff: Approval, subject to a site plan and conditions Recommendation of CPC: Repeal of Specific Use Permit No. 1222 Z078-256(RB)

January 14, 2009 10

PUBLIC HEARINGS AND RELATED ACTIONS (Continued) Department of Development Services (Continued) ZONING CASES - UNDER ADVISEMENT - INDIVIDUAL 50. A public hearing to receive comments regarding an application for a Planned

Development District for CR uses and attended donation center use on property zoned a CR Community Retail District on the southwest side of Haskell Avenue, between Lafayette Street and Delano Place

Recommendation of Staff and CPC: Denial Z078-201(JH) Note: This item was considered by the City Council at public hearings on October 22

and November 10, 2008, and was held under advisement until January 14, 2009, with the public hearing open.

51. A public hearing to receive comments regarding an application for and an ordinance

granting a Planned Development District for multifamily and certain limited non-residential uses on property zoned an MF-1(A) Multifamily District on both sides of Bahama Drive, north of Plymouth Road

Recommendation of Staff and CPC: Approval, subject to a conceptual plan and conditions

Z078-151(JH) Note: This item was considered by the City Council at public hearings on October 22

and December 10, 2008, and was held under advisement until January 14, 2009, with the public hearing open.

January 14, 2009 11

A closed executive session may be held if the discussion of any of the above agenda items concerns one of the following: 1. Contemplated or pending litigation, or matters where legal advice is requested of the

City Attorney. Section 551.071 of the Texas Open Meetings Act. 2. The purchase, exchange, lease or value of real property, if the deliberation in an open

meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section 551.072 of the Texas Open Meetings Act.

3. A contract for a prospective gift or donation to the City, if the deliberation in an open

meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section 551.073 of the Texas Open Meetings Act.

4. Personnel matters involving the appointment, employment, evaluation, reassignment,

duties, discipline or dismissal of a public officer or employee or to hear a complaint against an officer or employee. Section 551.074 of the Texas Open Meetings Act.

5. The deployment, or specific occasions for implementation of security personnel or

devices. Section 551.076 of the Texas Open Meetings Act. 6. Deliberations regarding Economic Development negotiations. Section 551.087 of the

Texas Open Meetings Act.

January 14, 2009 12

PUBLIC MEETINGS FOR JANUARY 1 - JANUARY 15, 2009 Thursday, January 8, 2009 Community Development Commission 6:00 p.m. L1FN Auditorium

AGENDA DATEITEM IND

# OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION1 All V NA NA NA NA Approval of Minutes of December 10, 2008 City Council Meeting

2 All C

PBD, WTR, STS, AVI,

EBS $718,000.00 100.00% 100.00% Authorize a thirty-six-month service contract for plumbing services at City facilities

3 All CPBD, CDS,

CIS GT 0.00% 0.00%Authorize the purchase of four mobile video surveillance systems and related accessories for Court and DetentionServices' Hidden Camera Initiative

4 All C PBD, WTR $327,000.00 100.00% 0.00%Authorize a twelve-month master agreement, with two twelve-month renewal options, for backflow preventers for firehydrants

5 All CPBD, FIR, POL, PWT $789,000.00 0.00% 0.00% Authorize a thirty-six-month master agreement for emergency road flares

6 2, 9 CPBD, CES,

WTR $1,032,580.00 100.00% 15.13%Authorize a sixty-month service contract for centrifugal chiller maintenance at the Convention Center and a servicecontract to remove and replace the cooling tower at the White Rock Pump Station

7 N/A C ATT $12,500.00 NA NA Authorize settlement of the lawsuit styled Anthony Parker v. City of Dallas, Cause No. 07-08109-B8 N/A C ATT, EBS $12,000.00 NA NA Authorize settlement of the lawsuit styled Phillip Morris v. Roy Fry and the City of Dallas, Cause No. 06-00298-B9 N/A C ATT $40,000.00 NA NA Authorize settlement of the lawsuit styled Kenneth Watts v. City of Dallas, Cause No. 06-08503-D

10 N/A C ATT, POL $17,000.00 NA NA Authorize settlement of the lawsuit styled City of Dallas v. Jack Gouge, Cause No. 08-00309-D

11 4 C DDS NC NA NA

A resolution declaring approximately 177,990 square feet of City-owned land improved with an animal shelter,unwanted and unneeded located near the intersection of Forney Road and Olson Drive, and authorizing itsadvertisement for sale by sealed bid with a minimum bid of $400,000

12 2 C DDS $41,700.00 NA NA

Authorize moving expense and replacement housing payments for Benina Gonzalez in the Cadillac Heightsneighborhood as a result of an official written offer of just compensation to purchase real property for the new DallasPolice Academy

13 2 C DDS, PWT $43,300.00 NA NA

Authorize moving expense and replacement housing payments for Hector Manuel Cindo and Dora E. Cindo in theCadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property forthe new Dallas Police Academy

14 2 C DDS, PWT $40,500.00 NA NA

Authorize moving expense and replacement housing payments for Josie Anguiano in the Cadillac Heightsneighborhood as a result of an official written offer of just compensation to purchase real property for the new DallasPolice Academy

15 11 C DDS NC NA NAAuthorize approval of a site plan for improved open space in a Community Unit Development for the Oak ForestEstates subdivision on the south side of Forest Lane, east of High Forest Drive

16 12 C DDS REV $5,400 NA NAAn ordinance abandoning a portion of a wastewater easement to Ron Crosby and Paige Crosby, the abutting owners,containing approximately 1,078 square feet of land located near the intersection of Ash Bluff Lane and Breawood Place

17 13 C DDS REV $113,649 NA NA

An ordinance abandoning a portion of an alley to Kenny Allan Troutt and Lisa Copeland Troutt, the abutting owners,containing approximately 2,057 square feet of land, located near the intersection of Strait and Harrys Lanes, andauthorizing the quitclaim

18 14 C ECO $300,000.00 NA NA

Authorize an amendment to the development agreement with Uptown Dallas Inc., to increase the contract funding from$2,300,000 to $2,600,000 for additional utility work and streetscape improvements supporting the development of Block547 (located in the State-Thomas TIF District at the corner of Maple-Routh Connection, Thomas Avenue, Routh Streetand Colby Street), and ratify the pledge and dedication of $300,000 in State-Thomas TIF funds by the State-ThomasTIF Board effective as of December 17, 2008, (the date the State-Thomas TIF District Board of Directors pledged suchfunding)

19 8 C ECO NC NA NA

Authorize a public hearing to be held on January 28, 2009 to receive comments concerning the creation of City ofDallas Reinvestment Zone No. 72 located at 4800 Langdon Road, Dallas, Texas; and, at the close of the hearing,consideration of an ordinance creating City of Dallas Reinvestment Zone No. 72; and a 50 percent business personalproperty tax abatement for ten years with Advanced H2O, LLC. and DLH Dallas Logistics 634, LLC.

20 14 C EBS $52,000.00 100.00% 27.12%Authorize a professional services contract with DSGN Associates, Inc., to provide design services for acousticalenhancements at the Morton H. Meyerson Symphony Center located at 2301 Flora Street

21 N/A C OFS $61,625,150.00 NA NA Authorize the optional redemption of the Sports Arena Project Tax Exempt Special Tax Revenue Bonds, Series 1998A

January 14, 2009

Page 1

AGENDA DATEITEM IND

# OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION

January 14, 2009

22 6 C PKR REV $10 NA NA

Authorize a twenty-year operation and lease agreement, with two five-year renewal options, for design, construction,development, occupancy, operation, maintenance and programming for a wellness center at the Juanita J. CraftRecreation Center located at 4500 Spring Avenue from January 15, 2009 to January 31, 2039 with Southern SectorHealth Initiative, a Texas nonprofit corporation, and Baylor Health Care System, a Texas nonprofit corporation

23 6 C PKR $701,700.00 67.32% 20.80%Authorize a contract for athletic field improvements and sports lighting at Jaycee/Zaragoza Park located at 3114 ClymerStreet

24 6 C PKR $207,100.00 61.37% 19.60%Authorize a contract for the construction of a new pavilion, security lighting, and site furnishings at Brownwood Parklocated at 3424 Walnut Hill Lane

25 All C POL REV $23,145 NA NAAuthorize a Memorandum of Understanding with the Dallas Independent School District to set out the policies andprocedures for providing School Crossing Guard Services for the 2008-09 school year

26 2 C PWT NC NA NA

Authorize the City Manager to provide a notice of establishment for a Quiet Zone along the Trinity Railway Express atthe Market Center crossing as required by the Federal Railroad Administration Final Train Horn rule 49 CFR Part 222and 229

27 8 C TRC $190,818.00 100.00% 100.00%Authorize a professional services contract with Nathan D. Maier Consulting Engineers, Inc., for the development ofdesign and construction documents for the IH 20 Gateway Park in the Great Trinity Forest

28 4, 5 C TRC $1,142,288.00 100.00% 27.54%

Authorize Supplemental Agreement No. 2 to the contract with Hellmuth, Obata & Kassabaum, LP, for the developmentof design and construction documents for the Trinity Forest Trail, Phase III from the Trinity River Audubon Center to theTexas Horse Park; from Joppa Preserve along the west side of the Trinity River northward to near Highway 310 where it will cross over the Trinity River back to Rochester Park Trailhead; and from the Joppa Trailhead eastward where it willcross the Trinity River to the Texas Horse Park

29 6 C TRC $49,718.00 90.31% 32.27%

Authorize Supplemental Agreement No. 3 to the professional services contract with Bridgefarmer and Associates, Inc.for additional engineering design and surveying services for storm drainage and landscaping upgrades for the BeckleyAvenue and Commerce Street intersection improvements

30 8,

Outside C WTR $2,172,279.00 100.00% 30.17%

Authorize a professional services contract with CH2M HILL, Inc. to provide engineering services for the preliminarystudy and evaluation for the Lake Ray Hubbard Indirect Recycled Water Phase I Flows Transfer Project to bereimbursed from financing received from the Texas Water Development Board low interest loan program upon approvaland receipt

31 2 C WTR $925,968.47 NA NA

Authorize an Advanced Funding Agreement with the State of Texas, acting through the Texas Department ofTransportation, for water and wastewater main relocations and adjustments in Motor Street from Harry Hines Boulevardto Maple Avenue

32 2, 7 C WTR $156,535.00 87.35% 93.52%Authorize Supplemental Agreement No. 2 to the professional services contract with Chiang Patel and Yerby, Inc. toprovide additional engineering services for the proposed East Bank-West Bank Interceptor Connection

33 N/A I SEC NC N/A N/AConsideration of appointments to boards and commissions and the evaluation and duties of board and commissionmembers (List of nominees is available in the City Secretary's Office)

34 All IPBD, SAN, CIS, EBS $697,058.52 2.36% 2.36%

Authorize a thirty-six-month service contract for the purchase, installation, application hosting service and maintenanceof Global Positioning System equipment for route optimization of Sanitation fleet vehicles

35 9 PH DDS NC NA NA

A public hearing to receive comments regarding an application for and an ordinance granting an MF-3(A) MultifamilyDistrict and a resolution accepting deed restrictions volunteered by the applicant, on property zoned an MF-2(A)Multifamily District, on the north side of East Northwest Highway, east of Shady Brook Lane


A public hearing to receive comments regarding an application for and an ordinance granting an amendment to andexpansion of Planned Development District No. 712 for UC-2 Urban Corridor District Uses in an area zoned PlannedDevelopment District No. 712, an IR Industrial Research District and an MF-2 Multiple Family Subdistrict within PlannedDevelopment District No. 193, the Oak Lawn Special Purpose District, in an area generally bounded by Medical DistrictDrive, Cass Street, Macatee Street, and Bengal Street


A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1629 for a Private school on property zoned a CS Commercial Service District, located on the east lineof Davenport Road, north of Crestland Avenue


A public hearing to receive comments regarding an application for and an ordinance granting a Planned DevelopmentDistrict for multifamily uses on property zoned an MF-1(A) Multifamily District, on the northwest corner of Montfort Driveand Verde Valley Lane

Page 2

AGENDA DATEITEM IND

# OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION

January 14, 2009


A public hearing to receive comments regarding an application for and an ordinance granting a CS Commercial ServiceDistrict on property zoned an IR Industrial Research District on the southeast corner of Walnut Hill Lane and StemmonsFreeway


A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit fora mini-warehouse use on property zoned a MU-2 Mixed Use District on the north side of Gannon Lane, west ofWestmoreland Road


A public hearing to receive comments regarding an application for and an ordinance granting an amendment toPlanned Development District No. 747 on property generally bounded by Grand Avenue, Lamar Street, Sanger Avenue,Holmes Street, Ervay Street and the GCSF Railroad right-of-way


A public hearing to receive comments regarding an application for and an ordinance granting an amendment to theconditions for Planned Development District No. 268 for SC Shopping Center District Uses in the northeast quadrant ofPreston Road and Frankford Road


A public hearing to receive comments regarding an application for and an ordinance granting a CR Community RetailDistrict on property zoned an IR Industrial Research District on the southeast corner of Hampton Road and SingletonBoulevard


A public hearing to receive comments regarding an application for a Conservation District on property zoned an R-7.5(A) Single Family District, a CR Community Retail District, an MF-2(A) Multifamily District and a P(A) Parking Districtin an area generally bounded by the northern blockfaces of Angora Street, the western blockface of Old Gate, bothsides of Eustis Avenue, and the eastern blockfaces of Lakeland Drive and an ordinance granting a ConservationDistrict on property zoned an R-7.5(A) Single Family District


A public hearing to receive comments regarding an application for a Specific Use Permit for a recycling buy-back centeruse on property zoned an IM Industrial Manufacturing District on the northwest side of Hickory Street, east of Malcolm XBoulevard


A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit foran open enrollment charter school on property within Subdistrict S2b of Planned Development District No. 521 formixed uses on the south side of Camp Wisdom Road, west of Eagle Ford Drive


A public hearing to receive comments regarding an application for the renewal of and amendment to Specific UsePermit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern use with the addition of a Class Adance hall on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special PurposeDistrict, on the south side of Exposition Avenue, between Ash Lane and Parry Avenue and an ordinance granting therenewal of Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern


A public hearing to receive comments regarding an application for and an ordinance granting a Planned DevelopmentSubdistrict for an Animal clinic with outside run, Kennel with outside run, and LC Light Commercial Subdistrict Uses onproperty zoned an LC Light Commercial District Subdistrict within Planned Development District No. 193, the Oak LawnSpecial Purpose District, on the northwest corner McKinney Avenue and Sneed Street with consideration being given topermitting the requested animal clinic with outside run and kennel with outside run by specific use permit


A public hearing to receive comments regarding a City Council authorized hearing with consideration being given todetermining the land use compatibility of Specific Use Permit No. 1222 for a Commercial amusement (inside) use for aClass A Dance hall on property zoned a CR Community Retail District on the northeast line of Gaston Avenue,northwest of Garland Road and an ordinance repealing Specific Use Permit No. 1222


A public hearing to receive comments regarding an application for a Planned Development District for CR uses andattended donation center use on property zoned a CR Community Retail District on the southwest side of HaskellAvenue, between Lafayette Street and Delano Place


A public hearing to receive comments regarding an application for and an ordinance granting a Planned DevelopmentDistrict for multifamily and certain limited non-residential uses on property zoned an MF-1(A) Multifamily District on bothsides of Bahama Drive, north of Plymouth Road

TOTAL $71,294,194.99

Page 3

AGENDA ITEM # 2KEY FOCUS AREA: Make Government More Efficient, Effective and Economical

AGENDA DATE: January 14, 2009

COUNCIL DISTRICT(S): All

DEPARTMENT: Business Development & Procurement ServicesWater UtilitiesStreet ServicesAviationEquipment & Building Services

CMO: Dave Cook, 670-7804Ramon F. Miguez, P.E., 670-3308Forest E. Turner, 670-3390

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize a thirty-six-month service contract for plumbing services at City facilities - Concept Facility Services LLC, lowest responsible bidder of three - Not to exceed $718,000 - Financing: Current Funds ($437,250), Aviation Current Funds ($140,375), Water Utilities Current Funds ($140,375) (subject to annual appropriations)

BACKGROUND

This service contract will provide plumbing services at City facilities as a supplement to City staff efforts and is necessary to ensure that the plumbing equipment, fixtures and lines are maintained in proper working order. Additionally, the service contract will allow for plumbing service requiring equipment not owned by the City such as camera, hydro-jet and vacuum truck as well as after-hours emergency plumbing services.

This service contract will allow the vendor to clear blockage from clogged drains, detect and repair leaks, replace toilets, sinks, tubs or pipes. This service contract will also cover services such as cleaning, repairing or replacing sewer and gas lines.

Services will be performed at City facilities such as:

Fire StationsPolice StationsCity HallConvention CenterLibrariesWomen, Infant and Children (WIC) CentersFair ParkRecreation Centers

Agenda Date 01/14/2009 - page 2

BACKGROUND (Continued)

This solicitation was structured in a manner which required bidders to submit a response using unit pricing; this bid resulted in a 16% savings over comparable unit prices for the bid awarded in 2007.

As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 404 email bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

On January 10, 2007, City Council authorized a thirty-six-month service contract for plumbing services by Resolution #07-0167.

On June 23, 2004, City Council authorized a twenty-four-month service contract for plumbing services by Resolution #04-2073.

FISCAL INFORMATION

$437,250.00 - Current Funds (subject to annual appropriations)$140,375.00 - Aviation Current Funds (subject to annual appropriations)$140,375.00 - Water Utilities Current Funds (subject to annual appropriations)

M/WBE INFORMATION

127 - Vendors contacted126 - No response 1 - Response (Bid) 0 - Response (No Bid) 1 - Successful

404 M/WBE and Non-M/WBE vendors were contacted

The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution #08-2826 as amended.


ETHNIC COMPOSITION

Concept Facility Services LLC

White Female 0 White Male 0Black Female 2 Black Male 9Hispanic Female 0 Hispanic Male 0Other Female 0 Other Male 0

BID INFORMATION

The following bids were received from solicitation number BL0848 and were opened on October 15, 2008. This service contract is being awarded in its entirety to the lowest responsive and responsible bidder.

*Denotes successful bidder

Bidders Address Amount of Bid

*Concept Facility Services LLC 13440 TI Blvd., Suite 7 $ 718,000.00Dallas, TX 75204

H20 Works 4041 W. Wheatland Rd. $1,035,100.00Dallas, TX 75237

DMI Corp 1002 KCK Way $1,075,058.05DBA Decker Mechanical Cedar Hill, TX 75104

OWNER

Concept Facility Services LLC

Clifford Freeney, President

BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY

PROJECT: Authorize a thirty-six-month service contract for plumbing services at City facilities - Concept Facility Services LLC, lowest responsible bidder of three - Not to exceed $718,000 - Financing: Current Funds ($437,250), Aviation Current Funds ($140,375), Water Utilities Current Funds ($140,375) (subject to annual appropriations)

Concept Facility Services LLC is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce.PROJECT CATEGORY: Other Services

_______________________________________________________________

LOCAL/NON-LOCAL CONTRACT SUMMARY

Amount Percent

Total local contracts $718,000.00 100.00%Total non-local contracts $0.00 0.00%

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

TOTAL CONTRACT $718,000.00 100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION

Local Contractors / Sub-Contractors

Local Certification Amount Percent

Concept Facility Services LLC BMDB37053Y0409 $718,000.00 100.00%------------------------ ------------------------

Total Minority - Local $718,000.00 100.00%

Non-Local Contractors / Sub-Contractors

None

TOTAL M/WBE CONTRACT PARTICIPATION

Local Percent Local & Non-Local Percent

African American $718,000.00 100.00% $718,000.00 100.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

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

Total $718,000.00 100.00% $718,000.00 100.00%

COUNCIL CHAMBER

January 14, 2009

WHEREAS, on June 23, 2004, City Council authorized a twenty-four-month service contract for plumbing services by Resolution #04-2073; and,

WHEREAS, on January 10, 2007, City Council authorized a thirty-six-month service contract for plumbing services by Resolution #07-0167;

NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

Section 1. That the City Manager is authorized to execute a service contract with Concept Facility Services LLC (338850) for plumbing services at City facilities for a term of thirty-six months, in an amount not to exceed $718,000.00, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to Concept Facility Services LLC shall be based only on the amount of the services directed to be performed by the City and properly performed by Concept Facility Services LLC under the contract.

Section 2. That the City Controller is authorized to disburse funds in an amount not to exceed $718,000.00.

Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.

DISTRIBUTION:

Business Development and Procurement Services, 3FSAviation Equipment and Building ServicesStreet ServicesWater UtilitiesBarbara Moore, EBS, 3202 CantonJack Berger, EBS, 3202 Canton

AGENDA ITEM # 3KEY FOCUS AREA: Public Safety Improvements and Crime Reduction



DEPARTMENT: Business Development & Procurement ServicesCourt & Detention ServicesCommunication and Information Services

CMO: Dave Cook, 670-7804Ryan S. Evans, 670-3314Ramon F. Miguez, P.E., 670-3308

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize the purchase of four mobile video surveillance systems and related accessories for Court and Detention Services’ Hidden Camera Initiative – First Witness Video Surveillance Systems, lowest responsible bidder of two – Not to exceed $54,020 – Financing: Texas Commission on Environmental Quality of Life Grant Funds

BACKGROUND

This purchase will provide four mobile video surveillance systems and related accessories to be used by the City’s Illegal Dump Team (IDT) to enhance efforts to record and prevent illegal dumping activity. The mobile equipment will be placed in areas that are routinely used for illegally dumping waste of various kinds. This equipment will provide real-time monitoring of these locations as well as recorded photo documentation evidence to improve in the investigations, arrests and prosecution of offenders.

Some of the surveillance equipment capabilities are:

Wireless, allowing for remote access Waterproof allowing deployment outdoorsDay/night vision photographySensor activatedBattery life of 30 days in “stand by” mode and 8 hours of digital recording time

The sensors employed to activate the system are embedded just below the surface of the ground, and are capable of detecting footsteps up to 35 feet away and vehicles up to 300 feet away.



As a result of illegal dumping 634,630 pounds of waste were required to be removed in 2007-2008.

In an effort to secure competitive pricing, Business Development and Procurement Services reviewed state and federal cooperative contracts and determined that the bid from First Witness Video Surveillance Systems resulted in better pricing than those on the cooperative contracts.

As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services used its procurement system to send out 625 email bid notifications to vendors registered under respective commodities. To further increase competition, Business Development and Procurement Services uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the Business Development and Procurement Services’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach.


This item has no prior action.

FISCAL INFORMATION

$54,020.00 – Texas Commission on Environmental Quality of Life Grant Funds

M/WBE INFORMATION

105 - Vendors contacted105 - No response 0 - Response (Bid) 0 - Response (No Bid) 0 - Successful



ETHNIC COMPOSITION

First Witness Video Surveillance Systems



BID INFORMATION

The following bids were received from solicitation number BU0902 and opened on October 30, 2008. This purchase is being awarded in its entirety to the lowest responsive and responsible bidder.



*First Witness Video P.O. Box 327 $54,020.00 Surveillance Systems Mount Sidney, VA 24467

William Stump & Associates, 197 Stripu Drive $73,880.00**Ltd Pounding Mill, VA 24637

**William Stump & Associates, Ltd was deemed non-responsive due to not submitting the required bid security.

OWNER

First Witness Video Surveillance Systems

Thomas S. Cline, PresidentTeresa B. Cline, Vice President


PROJECT: Authorize the purchase of four mobile video surveillance systems and related accessories for Court and Detention Services’ Hidden Camera Initiative – First Witness Video Surveillance Systems, lowest responsible bidder of two – Not to exceed $54,020 – Financing: Texas Commission on Environmental Quality of Life Grant Funds

First Witness Video Surveillance Systems is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce.PROJECT CATEGORY: Goods

_______________________________________________________________


Amount Percent

Total local contracts $0.00 0.00%Total non-local contracts $54,020.00 100.00%

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

TOTAL CONTRACT $54,020.00 100.00%



NoneNon-Local Contractors / Sub-Contractors

None



African American $0.00 0.00% $0.00 0.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

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

Total $0.00 0.00% $0.00 0.00%

COUNCIL CHAMBER

January 14, 2009


Section 1. That the purchase of four mobile video surveillance systems and related accessories for Court & Detention Services’ Hidden Camera Initiative is authorized with First Witness Video Surveillance Systems (VS0000030551) in an amount not to exceed $54,020.00.

Section 2. That the Purchasing Agent is authorized, upon appropriate requisition, to issue a purchase order for four mobile video surveillance systems and related accessories for Court & Detention Services’ Hidden Camera Initiative. If a formal contract is required for this purchase instead of a purchase order, the City Manager is authorized to execute the contract upon approval as to form by the City Attorney.

Section 3. That the City Controller is authorized to disburse funds from the following appropriation, in an amount not to exceed $54,020.00:

FUND DEPT UNIT OBJECT ENCUMBRANCES195 CTS 6699 4731 PO CTS 0000064389


DISTRIBUTION:

Business Development and Procurement Services, 3FNCourt & Detention Services




DEPARTMENT: Business Development & Procurement ServicesWater Utilities

CMO: Dave Cook, 670-7804Ramon F. Miguez, P.E., 670-3308

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize a twelve-month master agreement, with two twelve-month renewal options, for backflow preventers for fire hydrants - HD Supply Waterworks, LTD in the amount of $273,000 and Longhorn, Inc. the deepest discount given for expenditures in the amount of $54,000, lowest responsible bidders of four - Total not to exceed $327,000 - Financing: Water Utilities Current Funds

BACKGROUND

The backflow preventers will be used as a connection to fire hydrants and water meters to prevent the reverse flow of non-potable water from entering into the potable water supply through the fire hydrants. Under a licensing/leasing program the City supplies backflow preventers and portable meters to the commercial customer for construction projects, demolition, and special events. The portable meters are obtained under a separate current City contract.

Currently the City manages approximately 1,000 accounts which require this equipment. The customer applies for a permit and is required to place a deposit for use of the meter and backflow preventer. The customer must also pay a monthly service fee for the use of equipment. Any deposit retained and fees collected are placed in the Water's general operation fund account.

The backflow preventers provided under this contract will be used to replace old and worn out models and any preventers damaged beyond repair. This contract will also provide replacement parts for general maintenance of backflow preventers.

The average life expectancy of the backflow preventer is approximately 3 years. Each preventer carries a 1 year manufacturer's warranty and are required by Texas Commission on Environmental Quality to be tested every twelve months.



This solicitation was structured in a manner which required bidders to submit discounts for manufacturers unit pricing; this bid resulted in a 110% increase over comparable unit prices for the bid awarded in 2002.

As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services used its procurement system to send out 108 email bid notifications to vendors registered under respective commodities. To further increase competition, Business Development and Procurement Services uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the Business Development and Procurement Services’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach.


On May 22, 2002, City Council authorized the purchase of 2-inch backflow prevention devices by Resolution #02-1608.

FISCAL INFORMATION

$327,000.00 - Water Utilities Current Funds

M/WBE INFORMATION

9 - Vendors contacted9 - No response0 - Response (Bid)0 - Response (No Bid)0 - Successful

108 - M/WBE and Non-M/WBE vendors were contacted

The recommended awardees have fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution #08-2826 as amended.

ETHNIC COMPOSITION

HD Supply Waterworks, LTD



ETHNIC COMPOSITION (Continued)

Longhorn, Inc.


BID INFORMATION

The following bids were received from solicitation number BM0903 and opened on October 30, 2008. This master agreement is being awarded to the lowest responsive and responsible bidders. Line one is being awarded to the lowest bidder and line two is being awarded by the deepest discount given by the bidder for an expenditure of $54,000.

*Denotes successful bidders

Bidders Address Amount

*HD Supply Waterworks, 4333 Irving Blvd. Line 1: $273,000.00LTD Dallas, TX 75247 Line 2: Discount - 25%

*Longhorn, Inc. 2640 Tarna Dr. Line 1: $305,880.00Dallas, TX 75229 Line 2: Discount - 56.3%

Municipal Water Works 6959 State Hwy. 276 Line 1: $295,490.00Supply, L. P. Royse City, TX 75189 Line 2: Discount - 20%

Integrated 8(a) Solution, 1500 W. Balboa Blvd. Line 1: $286,000.00Inc. Newport Beach, CA 92663 Line 2: Discount - 39%

OWNERS

HD Supply Waterworks, LTD

Jerry Webb, PresidentPhillip W. Keipp, Vice PresidentDonald W. Clayton, SecretaryKurt A. Bruenning, Treasurer

Longhorn, Inc.

Loyd Lee Evans, PresidentTom Swor, Vice PresidentLynn Evans, Secretary


PROJECT: Authorize a twelve-month master agreement, with two twelve-month renewal options, for backflow preventers for fire hydrants - HD Supply Waterworks, LTD in the amount of $273,000 and Longhorn, Inc. the deepest discount given for expenditures in the amount of $54,000, lowest responsible bidders of four - Total not to exceed $327,000 - Financing: Water Utilities Current Funds

HD Supply Waterworks, LTD and Longhorn, Inc. are local, non-minority firms, have signed the "Business Inclusion & Development" documentation, and propose to use their own workforces.PROJECT CATEGORY: Goods

_______________________________________________________________


Amount Percent


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

TOTAL CONTRACT $327,000.00 100.00%




None




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

Total $0.00 0.00% $0.00 0.00%

COUNCIL CHAMBER

January 14, 2009

WHEREAS, on May 22, 2002, City Council authorized the purchase of 2-inch backflow prevention devices by Resolution #02-1608;

NOW, THEREFORE,


Section 1. That a master agreement for the purchase of backflow preventers for fire hydrants is authorized with HD Supply Waterworks, LTD (519032) in the amount of $273,000.00 and Longhorn, Inc. (VS0000005048), the deepest discount given for expenditures in the amount of $54,000.00 for a term of twelve months, with two twelve-month renewal options, in a total amount not to exceed $327,000.00.

Section 2. That the Purchasing Agent is authorized, upon appropriate request and documented need by a user department, to issue a purchase order for backflow preventers for fire hydrants. If a written contract is required or requested for any or all purchases of backflow preventers for fire hydrants under the master agreement instead of individual purchase orders, the City Manager is authorized to execute the contract upon approval as to form by the City Attorney.



DISTRIBUTION:

Business Development and Procurement Services, 3FSWater Utilities




DEPARTMENT: Business Development & Procurement ServicesFirePolicePublic Works & Transportation

CMO: Dave Cook, 670-7804Ryan S. Evans, 670-3314Ramon F. Miguez, P.E., 670-3308

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize a thirty-six-month master agreement for emergency road flares - Standard Fuses Corp. dba Orion Safety Products, lowest responsible bidder of four - Not to exceed $789,000 - Financing: Current Funds

BACKGROUND

This master agreement will be used to purchase emergency road flares. Road flares are traditionally used by Police, Fire and Public Works & Transportation during emergency situations when motor or pedestrian traffic is required to be diverted for public safety due to accidents or weather related incidents. Flares are used to mark restricted traffic areas to ensure accident victims, emergency personnel and general public remain safe during a situation where emergency responders are at the scene. The low profile and high visibility factor makes these devices ideal for outdoor temporary use when standard barricades are not available and an area is required to be marked. Additionally, the general public is familiar with these devices and associates the devices to “caution” or “dangerous conditions” which benefit the safety of both the public and emergency responders.

This solicitation was structured in a manner which required bidders to submit a response using unit pricing; this bid resulted in an 17.99% increase over the previous bid award in 2005.

As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 73 email bid notifications to vendors registered under respective commodities.



To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach.


On November 9, 2005, City Council authorized a thirty-six-month master agreement for emergency road flares by Resolution #05-3251.

On August 14, 2002, City Council authorized a thirty-six-month master agreement for emergency road flares by Resolution #02-2215.

FISCAL INFORMATION

$789,000.00 – Current Funds

M/WBE INFORMATION

8 – Vendors contacted7 – No response1 – Response (Bid)0 – Response (No Bid)0 – Successful



ETHNIC COMPOSITION

Standard Fuses Corp. dba Orion Safety Products



BID INFORMATION

The following bids were received from solicitation number BA0819 and opened on June 26, 2008. This master agreement is being awarded in its entirety to the lowest responsive and responsible bidder.



*Standard Fuses Corp. dba 28320 St. Michaels Road $ 789,000.00Orion Safety Products Easton, Maryland 21601

Comade, Inc. 17915-B Sky Park Circle $ 959,550.00Irvine, California 92614

Simba Industries 1323 Dublin Street $1,005,000.00Grapevine, Texas 76051

Applied Industrial Technologies 10610 Newkirk Street Non-Responsive**Suite 107Dallas, Texas 75220

**Applied Industrial Technologies was deemed non-responsive due to not meeting bid specifications.

OWNER

Standard Fuses Corp. dba Orion Safety Products

C. Jay McLaughlin, President


PROJECT: Authorize a thirty-six-month master agreement for emergency road flares - Standard Fuses Corp. dba Orion Safety Products, lowest responsible bidder of four - Not to exceed $789,000 - Financing: Current Funds

Standard Fuses Corp. dba Orion Safety Products is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce.PROJECT CATEGORY: Goods

_______________________________________________________________


Amount Percent

Total local contracts $0.00 0.00%Total non-local contracts $789,000.00 100.00%

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

TOTAL CONTRACT $789,000.00 100.00%




None




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

Total $0.00 0.00% $0.00 0.00%

COUNCIL CHAMBER

January 14, 2009

WHEREAS, on August 14, 2002, City Council authorized a thirty-six-month master agreement for emergency road flares by Resolution #02-2215; and,

WHEREAS, on November 9, 2005, City Council authorized a thirty-six-month master agreement for emergency road flares by Resolution #05-3251;

NOW, THEREFORE,


Section 1. That a master agreement for the purchase of emergency road flares is authorized with Standard Fuses Corp. dba Orion Safety Products (255123) for a term of thirty-six months in an amount not to exceed $789,000.00.

Section 2. That the Purchasing Agent is authorized, upon appropriate request and documented need by a user department, to issue a purchase order for emergency road flares. If a written contract is required or requested for any or all purchases of emergency road flares under the master agreement instead of individual purchase orders, the City Manager is authorized to execute the contract upon approval as to form by the City Attorney.



DISTRIBUTION:

Business Development and Procurement Services, 3FSFirePolicePublic Works & Transportation



COUNCIL DISTRICT(S): 2, 9

DEPARTMENT: Business Development & Procurement ServicesConvention and Event ServicesWater Utilities

CMO: Dave Cook, 670-7804Ramon F. Miguez, P.E., 670-3308

MAPSCO: 37T 45P-Q-T________________________________________________________________

SUBJECT

Authorize (1) a sixty-month service contract for centrifugal chiller maintenance at the Convention Center and (2) a service contract to remove and replace the cooling tower at the White Rock Pump Station - AAF-McQuay, Inc., dba McQuay International in the amount of $913,580 and Gulf Energy Systems, Inc. in the amount of $119,000, lowest responsible bidders of four - Not to exceed $1,032,580 - Financing: Convention and Event Services Current Funds ($913,580) (subject to annual appropriations), Water Utilities Capital Construction Funds ($119,000)

BACKGROUND

This service contract will provide uninterrupted controlled environmental conditions for the visitors, patrons and staff at the Convention Center. This service contract will also allow for the removal and replacement of the cooling tower and chiller at the White Rock Pump Station.

Reliable chiller operation is imperative to provide air-conditioning comfort to guests and patrons while visiting the Convention Center. The Convention Center uses 14 chillers that individually contribute to the controlled climate within the facility and vary in age from 2 to 25 years. This agreement is a full service contract which includes warranty repairs, preventative maintenance, scheduled maintenance and repairs.

The White Rock Pump Station suffers from high humidity and a lack of reliable air conditioning. The building is an historic property and the humidity problems have a direct effect on building preservation. Replacing the 20 year old cooling tower with a new, high-efficient, water chiller will correct both the humidity issue by dehumidifying the air and the lack of cool air by providing a chiller that can closely match the actual air conditioning load of the building. The replacement chiller will be backed with a five year limited warranty.



Replacement of the cooling tower will reduce the overall electrical consumption for the chiller by eliminating the water tower fan motor and the cooling tower pump motor. Cost will further be reduced as the use of chemicals will no longer be necessary in the closed-loop construction.

This solicitation was structured in a manner which required bidders to submit a response using unit pricing; this bid resulted in a 2% increase over comparable Group 1 unit prices for the bid awarded in 2003.

As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 401 email bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach.

PRIOR ACTION/REVIEW (COUNCIL BOARDS, COMMISSIONS)

On December 8, 2003, City Council authorized a forty-eight month service contract for chiller maintenance services by Resolution #03-3328.

FISCAL INFORMATION

$913,580.00 - Convention and Event Services Current Funds (subject to annual appropriations)$119,000.00 - Water Utilities Capital Construction Funds

Council District Amount

2 $ 913,580.00 9 $ 119,000.00

Total $1,032,580.00

M/WBE INFORMATION

74 - Vendors contacted 74 - No response 0 - Response (Bid) 0 - Response (No bid) 0 - Successful


M/WBE INFORMATION (Continued)


The recommended awardees have fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution #08-2826 as amended.

ETHNIC COMPOSITION

AAF-McQuay, Inc., dba McQuay International


Gulf Energy Systems, Inc.


BID INFORMATION

The following bids were received from solicitation number BV0821 and opened on July 24, 2008. This service contract is being awarded to the lowest responsive and responsible bidders by group.

*Denotes successful bidders


*AAF-McQuay, Inc. dba 1250 Post & Paddock Rd. Group 1: $ 913,580.00McQuay International Suite 200 Group 2: No bid

Grand Prairie, TX 75050

*Gulf Energy Systems, Inc. 818 S. Central Expwy. Group 1: $2,130,000.00Suite 16 Group 2: $ 119,000.00Richardson, TX 75080

American Mechanical Services 3033 Kellway Dr. Group 1: $ 961,369.84Carrollton, TX 75006 Group 2: No bid


BID INFORMATION (Continued)


Air Conditioning Innovative 1028 N McDonald Group 1: Non-responsive**Solutions, Inc. dba ACIS, Inc. McKinney, TX 75069 Group 2: $ 274,035.00

**Air Conditioning Innovative Solutions, Inc. dba ACIS, Inc. was deemed non-responsive to Group 1 due to errors on the bid sheet.

OWNERS

AAF-McQuay, Inc. dba McQuay International

Katsuhiko Takagi, President

Gulf Energy Systems, Inc.

John Shuffler, President


PROJECT: Authorize (1) a sixty-month service contract for centrifugal chiller maintenance at the Convention Center and (2) a service contract to remove and replace the cooling tower at the White Rock Pump Station - AAF-McQuay, Inc., dba McQuay International in the amount of $913,580 and Gulf Energy Systems, Inc. in the amount of $119,000, lowest responsible bidders of four - Not to exceed $1,032,580 - Financing: Convention and Event Services Current Funds ($913,580) (subject to annual appropriations), Water Utilities Capital Construction Funds ($119,000)

AAF-McQuay, Inc., dba McQuay International is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce. PROJECT CATEGORY: Other Services

_______________________________________________________________


Amount Percent


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

TOTAL CONTRACT $913,580.00 100.00%




None




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

Total $0.00 0.00% $0.00 0.00%


PROJECT: Authorize (1) a sixty-month service contract for centrifugal chiller maintenance at the Convention Center and (2) a service contract to remove and replace the cooling tower at the White Rock Pump Station - AAF-McQuay, Inc., dba McQuay International in the amount of $913,580 and Gulf Energy Systems, Inc. in the amount of $119,000, lowest responsible bidders of four - Not to exceed $1,032,580 - Financing: Convention and Event Services Current Funds ($913,580) (subject to annual appropriations), Water Utilities Capital Construction Funds ($119,000)

Gulf Energy Systems, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractor.PROJECT CATEGORY: Other Services

_______________________________________________________________


Amount Percent


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

TOTAL CONTRACT $119,000.00 100.00%




Alltex Supply WFWB38799N1009 $18,000.00 15.13%------------------------ ------------------------



None



African American $0.00 0.00% $0.00 0.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $18,000.00 15.13% $18,000.00 15.13%

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

Total $18,000.00 15.13% $18,000.00 15.13%

COUNCIL CHAMBER

January 14, 2009

WHEREAS, on December 8, 2003, City Council authorized a forty-eight month service contract for chiller maintenance services by Resolution #03-3328;

NOW, THEREFORE,


Section 1. That the City Manager is authorized to execute a service contract with AAF-McQuay, Inc. dba McQuay International (239070), for centrifugal chiller maintenance services at the Convention Center for a term of sixty months, in an amount not to exceed $913,580.00, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to AAF-McQuay, Inc. dba McQuay International shall be based only on the amount of the services directed to be performed by the City and properly performed by AAF-McQuay, Inc. dba McQuay International under the contract.

Section 2. That the City Manager is authorized to execute a service contract with Gulf Energy Systems, Inc. (189806), for the removal and replacement of the White Rock cooling tower, in an amount not to exceed $119,000.00, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to Gulf Energy Systems, Inc. shall be based only on the amount of the services directed to be performed by the City and properly performed by Gulf Energy Systems, Inc. under the contract.

Section 3. That the City Controller is authorized to disburse funds in an amount not to exceed $1,032,580.00:

FUND DEPT UNIT OBJ AMOUNT0080 CCT 7826 3110 $913,580.00 (subject to annual appropriations)

FUND DEPT UNIT OBJ AMOUNT ENCUMBRANCE0102 DWU CW50 4720 $119,000.00 PO DWU 00000065087


DISTRIBUTION:

Business Development & Procurement ServicesConvention and Event ServicesWater Utilities



COUNCIL DISTRICT(S): N/A

DEPARTMENT: City Attorney's OfficeSanitation Services

CMO: Thomas P. Perkins, Jr., 670-3491Ramon F. Miguez, P.E., 670-3308

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize settlement of the lawsuit styled Anthony Parker v. City of Dallas, Cause No. 07-08109-B - Not to exceed $12,500 - Financing: Current Funds

BACKGROUND

Plaintiff is represented by the Law Office of Michael Jason Babb.

PRIOR ACTION/REVIEW (Council, Boards, Commissions)

Council was briefed in Closed Session on January 7, 2009.

FISCAL INFORMATION

Funding for this item is budgeted in the current fiscal year.

$12,500 - Current Funds

COUNCIL CHAMBER

January 14, 2009

WHEREAS, a lawsuit styled Anthony Parker v. City of Dallas, Cause No. 07-08109-B, was filed by Plaintiff seeking compensation from the City of Dallas for alleged bodily injuries sustained in an accident on June 2, 2006, involving a Sanitation Department employee; and

WHEREAS, Plaintiff, Anthony Parker, through his attorney, Michael Jason Babb of the Law Office of Michael Jason Babb, has agreed to settle this lawsuit for the amount of $12,500; Now, Therefore,


SECTION 1. That the settlement of the lawsuit styled Anthony Parker v. City of Dallas, Cause No. 07-08109-B, in an amount not to exceed $12,500 is hereby approved.

SECTION 2. That the City Controller is authorized to pay to Anthony Parker and Michael Jason Babb, P.C., the amount of $12,500 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.

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.




DEPARTMENT: City Attorney's OfficeEquipment & Building Services

CMO: Thomas P. Perkins, Jr., 670-3491Forest E. Turner, 670-3390

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize settlement of the lawsuit styled Phillip Morris v. Roy Fry and the City of Dallas, Cause No. 06-00298-B - Not to exceed $12,000 - Financing: Current Funds

BACKGROUND

Plaintiff is represented by the Law Offices of Eric Cedillo, P.C.



FISCAL INFORMATION



COUNCIL CHAMBER

January 14, 2009

WHEREAS, a lawsuit styled Phillip Morris v. Roy Fry and the City of Dallas, Cause No. 06-00298-B, was filed by Plaintiff seeking compensation from the City of Dallas for alleged bodily injuries sustained in an automobile accident on January 16, 2004, involving the Equipment and Building Services Department; and

WHEREAS, Plaintiff, Phillip Morris, through his attorney, the Law Offices of Eric Cedillo, P.C., has agreed to settle this lawsuit for the amount of $12,000; Now, Therefore,


SECTION 1. That the settlement of the lawsuit styled Phillip Morris v. Roy Fry and the City of Dallas, Cause No. 06-00298-B, in an amount not to exceed $12,000 is hereby approved.

SECTION 2. That the City Controller is authorized to pay to Phillip Morris and the Law Offices of Eric Cedillo, P.C., the amount of $12,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.





DEPARTMENT: City Attorney's OfficeCode Compliance

CMO: Thomas P. Perkins, Jr., 670-3491Forest E. Turner, 670-3390

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize settlement of the lawsuit styled Kenneth Watts v. City of Dallas, Cause No. 06-08503-D - Not to exceed $40,000 - Financing: Current Funds

BACKGROUND

Plaintiff is represented by attorney Chris Livingston of the law firm of Lyon Gorsky Haring & Gilbert, L.L.P.



FISCAL INFORMATION



COUNCIL CHAMBER

January 14, 2009

WHEREAS, a lawsuit styled Kenneth Watts v. City of Dallas, Cause No. 06-08503-D, was filed by Plaintiff seeking compensation from the City of Dallas for alleged violations of the Texas Whistleblower Act involving the Code Compliance Department; and

WHEREAS, Plaintiff, Kenneth Watts, through his attorney, Chris Livingston of the law firm of Lyon Gorsky Haring & Gilbert, L.L.P., has agreed to settle this lawsuit for the amount of $40,000; Now, Therefore,


SECTION 1. That the settlement of the lawsuit styled Kenneth Watts v. City of Dallas, Cause No. 06-08503-D, in an amount not to exceed $40,000 is hereby approved.

SECTION 2. That the City Controller is authorized to pay to Kenneth Watts and Lyon Gorsky Haring & Gilbert, L.L.P., the amount of $40,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.





DEPARTMENT: City Attorney's OfficePolice

CMO: Thomas P. Perkins, Jr., 670-3491Ryan S. Evans, 670-3314

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize settlement of the lawsuit styled City of Dallas v. Jack Gouge, Cause No. 08-00309-D - Not to exceed $17,000 - Financing: Current Funds

BACKGROUND

Defendant is represented by the law firm of Lyon, Gorsky, Haring & Gilbert, L.L.P.


Council was briefed in Closed Session on December 10, 2008.

FISCAL INFORMATION



COUNCIL CHAMBER

January 14, 2009

WHEREAS, the City filed a lawsuit styled City of Dallas v. Jack Gouge, Cause No. 08-00309-D, to appeal an Administrative Law Judge’s ruling which reinstated Jack Gouge with the Dallas Police Department; and

WHEREAS, the Court ruled in favor of Jack Gouge and upheld the Administrative Law Judge’s decision reinstating Jack Gouge; and

WHEREAS, the parties through their attorneys have agreed to settle the lawsuit for the amount of $17,000, subject to approval by the Dallas City Council; Now, therefore,


SECTION 1. That settlement of the lawsuit styled City of Dallas v. Jack Gouge, Cause No. 08-00309-D, in the amount of $17,000 is hereby approved.

SECTION 2. That the City Controller is authorized to pay the law firm of Lyon, Gorsky, Haring & Gilbert, L.L.P. the amount of $17,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3521, Vendor CTATT001.


AGENDA ITEM # 11KEY FOCUS AREA: Economic Vibrancy


COUNCIL DISTRICT(S): 4

DEPARTMENT: Department of Development Services

CMO: A. C. Gonzalez, 671-8925

MAPSCO: 48Q R________________________________________________________________

SUBJECT

A resolution declaring approximately 177,990 square feet of City-owned land improved with an animal shelter, unwanted and unneeded located near the intersection of Forney Road and Olson Drive, and authorizing its advertisement for sale by sealed bid with a minimum bid of $400,000 – Financing: No cost consideration to the City

BACKGROUND

This item will declare approximately 177,990 square feet of City-owned land improved with an animal shelter unwanted and unneeded located near the intersection of Forney Road and Olson Drive and authorizing its advertisement for sale by sealed bid. The advertisement will establish a minimum bid requirement and state that the City of Dallas reserves the right to reject any and all bids received.

This property will be advertised for sale with a reservation of all oil, gas and other minerals in and under the property and a restriction prohibiting the placement of industrialized housing. The advertisement will be posted in local newspapers and on the Real Estate website. A “for sale” sign will be placed on the property with notices of the sale being sent to: (1) property owners within 300 feet; (2) brokers and agents in the Dallas area; and (3) investors and citizens kept on an internal surplus property mailing list.

The current zoning for this property is light industrial and the tax value is $355,980. This property will return to the tax rolls upon conveyance.

This property has been reviewed by the Housing Department for infill housing and is not desired for this program.


PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS)


FISCAL INFORMATION

No cost consideration to the City

MAPS

Attached

89 UUPR

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~Site

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the City of Dallas is the owner of a tract of unwanted and unneeded land located in Dallas County, Texas and described below; and

WHEREAS, said City property is currently developable and must be disposed of by sealed bid in compliance with State law; Now Therefore,


SECTION 1. That the following listed City-owned land is declared unwanted and unneeded by the City Council and is to be advertised for sale pursuant to State law, with the minimum bid as specified:

Parcel No.1, containing approximately 177,990 square feet in Block B/6212, Dallas County, Texas, located at 8414 Forney Road near the intersection of Forney Road and Olson Drive– Minimum Bid $400,000;

SECTION 2. That the Director of Development Services is authorized to advertise the above described property for sale.

SECTION 3. That the advertisement of the property shall state:

a) that the City of Dallas reserves the right to reject any and all bids received and all sales are subject to approval by the Dallas City Council;

b) that the sale shall be by Deed Without Warranty in a form approved by the

City Attorney;

c) that the sale shall be subject to the terms, covenants, conditions, reservations, restrictions and exceptions of this authorizing resolution, including without limitation the following:

i) a restriction prohibiting the placement of industrialized housing on the property;

ii) a restriction prohibiting development or new construction on the property without a duly issued floodplain fill permit;

iii) reservation by the City of Dallas of all oil, gas and other minerals in and under the property with a waiver of surface access rights relating to said minerals;

iv) any and all visible and apparent easements and encroachments, whether of record or not;

COUNCIL CHAMBER

January 14, 2009

v) any and all covenants, conditions, reservations, restrictions, exceptions, easements, rights-of-way, mineral interests, mineral leases, or other instruments of record and applicable to the property or any part thereof; and

vi) standby fees, taxes and assessments, if any, by any taxing authority for the year of closing and subsequent years and assessments by any taxing authority for prior years due to changes in land usage or ownership, the payment of said standby fees, taxes, and assessments being assumed by grantee.

d) that, to the maximum extent allowed by law, the sale shall be strictly on an “AS IS, WHERE IS, WITH ALL FAULTS” basis; and

e) such other terms and requirements of the sale and/or disclaimers as the City deems necessary, convenient or appropriate.

SECTION 4. That as a material part of the consideration for the sale, the grantee and the City shall acknowledge and agree and provided in any relevant instrument that, to the maximum extent allowed by law, (a) grantee is taking the property “AS IS, WHERE IS, WITH ALL FAULTS”, (b) the City disclaims responsibility as to the accuracy or completeness of any information relating to the property, (c) grantee assumes all responsibility to examine all applicable building codes and zoning ordinances to determine if the property can be used for the purposes desired and to check for outstanding or pending code enforcement actions including but not limited to repair or demolition orders, and (d) the City expressly disclaims and grantee expressly waives, any warranty or representation, express or implied, including without limitation any warranty of condition, habitability, merchantability or fitness for a particular purpose of the property. Without limiting the foregoing, the City makes no representations of any nature regarding the property and specifically disclaims any warranty, guaranty or representation, oral or written, express or implied, past, present, or future, concerning: (i) the nature and condition of the property, including without limitation, the water, soil and geology, and the suitability thereof and the property for any and all activities and uses which grantee may elect to conduct thereon, and the existence of any environmental substances, hazards or conditions or presence of any endangered or protected species thereon or compliance with all applicable laws, rules or regulations; (ii) the nature and extent of any right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise; (iii) the compliance of the property or its operation with any law, ordinance or regulation of any federal, state, or local governmental authority; and (iv) whether or not the property can be developed or utilized for any purpose.

COUNCIL CHAMBER

January 14, 2009

For purposes hereof, "environmental substances" means the following: (a) any"hazardous substance" under the Comprehensive Environmental Response,Compensation and Liability Act of 1980, 42 U,S.CA Section 9601 et. seq., as

_ amended, (b).any "hazardous substance" under.the Texas Hazardous Substances Spill-Preveritlonadd Control Act, Tex. Water Code, Section 26.261, et. seq., as amended, (c)

petroleum or petroleum-based products (or any derivative or hazardous constituentsthereof or additives thereto), including without limitation, fuel and lubrication oils, (d) any"hazardous chemicals" or "toxic chemicals" under the Occupational Safety and HealthAct, 29 U.S.CA Section 651 et. seq., as amended, (e) any "hazardous waste" underthe Resource Conservation and Recovery Act, 42 U.S.CA Section 6901 et. seq., asamended, (f) asbestos, (g) polychlorinated biphenyls, (h) underground storage tanks,whether empty, filled, or partially filled with any substance, (i) any substance, thepresence of which is prohibited by federal, state or local laws and regulations, and (j)any other substance which by federal, state or local laws and regulations requiresspecial handling or notification of governmental authorities in its collection, storage,treatment or disposal. References to particular acts or codifications in this definitioninclude all past and future amendments thereto, as well as applicable rules andregulations as now or hereafter promulgated.

SECTION 5. That all closing costs and title expenses, including without limitation costsof title insurance, if desired, shall be paid by grantee.

SECTION 6. That the property is now on the exempt tax roll, and taxes for theremaining part of the then current calendar year shall be assessed from the date ofclosing. . .

"SECTION.:? That this resolution shall take effect immediately from and after itspassage in accordance with the provisions of the Charter of the City of Dallas and it isaccordingly so resolved.

APPROVED AS TO FORM:THOMAS P. PERKINS, Jr., City Attorney

BY_..:::d.... ~ _Assistant City Attorney

AGENDA ITEM # 12KEY FOCUS AREA: A Cleaner, Healthier City Environment



DEPARTMENT: Department of Development ServicesPublic Works & Transportation

CMO: A. C. Gonzalez, 671-8925Ramon F. Miguez, P.E., 670-3308

MAPSCO: 55H________________________________________________________________

SUBJECT

Authorize moving expense and replacement housing payments for Benina Gonzalez in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property for the new Dallas Police Academy - Not to exceed $41,700 - Financing: 2003 Bond 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 homeowners displaced by the City of Dallas in conjunction with its real property acquisition activities. On November 12, 2007, the City Council approved Resolution No. 07-3294 which authorized the acquisition of real property known as 1027 Packard Street for the new Dallas Police Academy. Benina Gonzalez will be displaced as a direct result of this property acquisition. She has qualified for a $1,300 moving expense payment and a $40,400 replacement housing payment pursuant to City Code and will use the replacement housing payment to acquire a replacement property.


On November 12, 2007, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for the new Dallas Police Academy by Resolution No. 07-3294.

FISCAL INFORMATION

2003 Bond Funds - $41,700


OWNER

Benina Gonzalez

MAP

Attached

DALLAS POLICE ACADEMY PROJECT RELOCATION ASSISTANCE

Lot 1, Block 1/6641 — 1027 Packard Street

COUNCIL CHAMBER

January 14, 2009

WHEREAS, on May 5, 2003, Dallas voters approved the use of General Obligation Bonds to acquire property for a new Dallas Police Academy facility; and

WHEREAS, Benina Gonzalez 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 homeowners displaced by City of Dallas property acquisition activities; and

WHEREAS, on November 12, 2007, the City Council approved Resolution No. 07-3294 authorizing the acquisition of 1027 Packard Street located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of the new Dallas Police Academy; and

Now Therefore,


Section 1. That Benina Gonzalez will be displaced in conjunction with the new Dallas Police Academy 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 Benina Gonzalez is eligible to receive a moving expense payment in the amount of $1,300 and a replacement housing payment in the amount of $40,400.

Section 3. That the City Controller is authorized to draw warrants in favor of Benina Gonzalez in the amount of $41,700 representing moving expense and replacement housing payments.

These warrants are to be paid as follows:

Fund Dept Unit Obj Act Code Prog No CT Vendor No Amount

6R44 PBW R960 4240 POFA PB03R960 PBW03R960A4 VC0000006565 $40,4006R44 PBW R960 4240 POFA PB03R960 PBW03R960A3 VC0000005809 $ 1,300

COUNCIL CHAMBER

January 14, 2009

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

Distribution:

Department of Development Service – Theresa O’DonnellCity Attorney – Thomas P. Perkins, Jr.City Controller – Sherrian Parham, 4BNPublic Works and Transportation – Rosemary Prichard, OCMC, Room 101






MAPSCO: 55H________________________________________________________________

SUBJECT

Authorize moving expense and replacement housing payments for Hector Manuel Cindo and Dora E. Cindo in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property for the new Dallas Police Academy - Not to exceed $43,300 - Financing: 2003 Bond 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 homeowners displaced by the City of Dallas in conjunction with its real property acquisition activities. On June 11, 2008, the City Council approved Resolution No. 08-1668 which authorized the acquisition of real property known as 918 Packard Street for the new Dallas Police Academy. Hector Manuel Cindo and Dora E. Cindo will be displaced as a direct result of this property acquisition. They have qualified for a $1,300 moving expense payment and a $42,000 replacement housing payment pursuant to City Code and will use the replacement housing payment to acquire a replacement property.


On June 11, 2008, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for the new Dallas Police Academy by Resolution No. 08-1668.

FISCAL INFORMATION

2003 Bond Funds - $43,300


OWNERS

Hector Manuel Cindo

Dora E. Cindo

MAP

Attached

COUNCIL CHAMBER

January 14, 2009


WHEREAS, Hector Manuel Cindo and Dora E. Cindo will be displaced as a direct result of this property acquisition and will vacate the property; and


WHEREAS, on June 11, 2008, the City Council approved Resolution No. 08-1668 authorizing the acquisition of 918 Packard Street located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of the new Dallas Police Academy; and

Now Therefore,


Section 1. That Hector Manuel Cindo and Dora E. Cindo will be displaced in conjunction with the new Dallas Police Academy 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 Hector Manuel Cindo and Dora E. Cindo are eligible to receive a moving expense payment in the amount of $1,300 and a replacement housing payment in the amount of $42,000.

Section 3. That the City Controller is authorized to draw warrants in favor of Hector Manuel Cindo and Dora E. Cindo in the amount of $43,300 representing moving expense and replacement housing payments.




COUNCIL CHAMBER

January 14, 2009


Distribution:







MAPSCO: 55H________________________________________________________________

SUBJECT

Authorize moving expense and replacement housing payments for Josie Anguiano in the Cadillac Heights neighborhood as a result of an official written offer of just compensation to purchase real property for the new Dallas Police Academy - Not to exceed $40,500 - Financing: 2003 Bond 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 homeowners displaced by the City of Dallas in conjunction with its real property acquisition activities. On June 11, 2008, the City Council approved Resolution No. 08-1668 which authorized the acquisition of real property known as 1026 Packard Street for the new Dallas Police Academy. Josie Anguiano will be displaced as a direct result of this property acquisition. She has qualified for a $1,100 moving expense payment and a $39,400 replacement housing payment pursuant to City Code and will use the replacement housing payment to acquire a replacement property.


On June 11, 2008, the City Council authorized the acquisition of single family homes in the Cadillac Heights neighborhood for the new Dallas Police Academy by Resolution No. 08-1668.

FISCAL INFORMATION

2003 Bond Funds - $40,500


OWNER

Josie Anguiano

MAP

Attached

COUNCIL CHAMBER

January 14, 2009


WHEREAS, Josie Anguiano will be displaced as a direct result of this property acquisition and will vacate the property; and


WHEREAS, on June 11, 2008, the City Council approved Resolution No. 08-1668 authorizing the acquisition of 1026 Packard Street located in the Cadillac Heights neighborhood, to be used in conjunction with the construction of the new Dallas Police Academy; and

Now Therefore,


Section 1. That Josie Anguiano will be displaced in conjunction with the new Dallas Police Academy 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 Josie Anguiano is eligible to receive a moving expense payment in the amount of $1,100 and a replacement housing payment in the amount of $39,400.

Section 3. That the City Controller is authorized to draw warrants in favor of Josie Anguiano in the amount of $40,500 representing moving expense and replacement housing payments.




COUNCIL CHAMBER

January 14, 2009


Distribution:







MAPSCO: 15 Y________________________________________________________________

SUBJECT

Authorize approval of a site plan for improved open space in a Community Unit Development for the Oak Forest Estates subdivision on the south side of Forest Lane, east of High Forest Drive - Financing: No cost consideration to the City

BACKGROUND

The plat for Oak Forest Estates was approved as a Community Unit Development (CUD). A CUD may reduce the minimum lot area by up to 25 percent if community open space is provided in the subdivision. Section 51A-8.510(g)(2)(B) of the Dallas Development Code states that improved open space in a Community Unit Development (CUD) “must be developed in accordance with a site plan approved by the City Council after recommendation by the commission. The site plan must include the location and dimensions of all improvements and structures planned for the open space.”

The applicant submitted a site plan for improvements in the open space for the Oak Forest Estates subdivision. The site plan has been reviewed by the Public Works and Water Utilities departments. The site plan complies with the requirements of Section 51A-8.510.


On November 13, 2008, the City Plan Commission recommended approval of the site plan for improved open space in the Oak Forest Estates subdivision located on the south side of Forest Lane, east of High Forest Drive.

FISCAL INFORMATION

No cost consideration to the City.

MAP

Attached.

[Vicinity Map]

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[Oak Forest Estates]

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the Dallas Development Code Section 51A-8.5l0(G)(2)(b) requires that improvedopen space be developed in accordance with a site plan approved by the city council afterrecommendation by the commission;

WHEREAS, the city plan commission recommended approval of a site plan that includes thelocation and dimensions of all improvements and structures planned for the open space onNovember 13, 2008; and

WHEREAS, the City Council desires to accept the attached site plan; Now, Therefore,


Section 1. That the attached site plan is accepted by the City Council of the City of Dallas tobe used in conjunction with the improvement on the open space that is subject ofD078-028.

Section 3. That this resolution shall take effect immediately from and after its passage inaccordance with the Charter of the City of Dallas, and it is accordingly so resolved.

APPROVED AS TO FORM:

THOMAS P. PERKINS, JR., City Attorney

Assistant City AttorneyBy --c---:--::-:--c--------

September 24,2008

Mr.andMrs. Anthony S. Noble:6624 Forest Creek DriveDallas, Texas 75230·2818

DearMr. andMrs. Noble;

I serve as the President of the Oak Forest Estates Homeowners Association. TheMembers of the Association have unanimously recommended that the Associations' Board ofDirectors (i) acknowledge and consent to the improvements whichyou caused to be constructedin the portion of the Oak Forest Estates Subdivision (the Final Plat of which is recorded inVolume 99197, Page 1030, Official PUblic Records, Dallas County, Texas) identified as thecommon area, which is owned by the Association, and (ii) authorize you to take such steps asyou may deem necessary or appropriate in order that those improvements may remain in placeand not be removed, including without limitation the filing and processing with the City ofDallas ofany applications, permits, or plans pertinent or related to the improvements.

In accordance with the Members' unanimous recommendation, the Board of Directorsunanimously voted to acknowledge and consent to the improvements and to their maintenance,upkeep, repair, and replacement by you, and to authorize and empower you to take such steps oractions as you may deem necessary or appropriate in order that the improvements mayremain inplace and not he removed and be maintained and repaired as necessary, including withoutlimitation the filing and processing with the City ofDallas of any applications, permits, or planspertinent or related to the.improvements.

Accordingly, please accept this letter as the authority to proceedwilh and to take suchsteps or actions as you may deem necessary or appropriate in order that the improvements mayremain in place and not be removed and be maintained and repaired as necessary, includingwithout limitation the filing andprocessing with the City of Dallas of any applications, permits,01' plans pertinent or related to theimprovements.

'/~Z~~'1i~lie E.Noble, PresidentOak ForestEstates Homeowners Association

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MAPSCO: 5S________________________________________________________________

SUBJECT

An ordinance abandoning a portion of a wastewater easement to Ron Crosby and Paige Crosby, the abutting owners, containing approximately 1,078 square feet of land located near the intersection of Ash Bluff Lane and Breawood Place - Revenue: $5,400 plus the $20 ordinance publication fee

BACKGROUND

This item authorizes the abandonment of a portion of a wastewater easement to Ron Crosby and Paige Crosby, the abutting owners. The area to be abandoned will be included with the property of the abutting owners for the construction of a single family residence. The cost of this abandonment is the minimum processing fee pursuant to the Dallas City Code, therefore no appraisal is required.

This transaction is consistent with the recommendations of the Real Estate Task Force.



FISCAL INFORMATION

Revenue: $5,400 plus the $20 ordinance publication fee

OWNER

Ron Crosby

Paige Crosby

MAPS

Attached

~

COPPERWOOD

52

copyrighlC2006 MAPSCO, Inc. Mapsco 55

Westgrove -NORTH

IAbandonment Area _ I

JJ/33251 1

ORDINANCE NO. ____________

An ordinance providing for the abandonment and relinquishment of a portion of a

wastewater easement located in City Block A/8210 in the City of Dallas and County of

Dallas, Texas; providing for the quitclaim thereof to Ron Crobsy and Paige Crosby;

providing for the terms and conditions of the abandonment, relinquishment and

quitclaim made herein; providing for the conveyance of a new easement to the City of

Dallas and the relocation of existing facilities; providing for the indemnification of the

City of Dallas against damages arising out of the abandonment herein; providing a

future effective date for this abandonment; 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 Ron Crosby and Paige Crosby, individuals, hereinafter referred

to collectively 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 wastewater 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 and future effective date

hereinafter more fully set out.

JJ/33251 2

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, future effective date and exceptions hereinafter made and with the

restrictions and upon the covenants below stated, all its right, title and interest in and to

that certain tract 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,future effective date and conditions of this

ordinance.

SECTION 4. That the City Controller is authorized to deposit the sum paid by

GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV,

Balance Sheet 0519 and Department of Development Services - 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 0001, Department DEV, Unit 1183, Object 5011 and any remaining

proceeds shall be transferred to the General Capital Reserve Fund 0625, Department

BMS, Unit 8888, Revenue Source 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, their heirs 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.

JJ/33251 3

SECTION 8. That as a condition of this abandonment and as a part of the

consideration for the quitclaim to GRANTEE herein, GRANTEE, their heirs and assigns,

agree to indemnify, defend, release and hold the City of Dallas whole and harmless

against 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 property described in Exhibit A by GRANTEE, their heirs 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, their heirs 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, their heirs 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.

SECTION 9. That this abandonment, relinquishment and quitclaim of the City's right,

title and interest in and to said portion of wastewater easement shall not become

effective until and unless: (i) the existing installations and facilities are relocated, at

GRANTEE's expense, to the new easement to be provided by GRANTEE and

acceptable to the Director of Development Services, as is hereinafter provided; and (ii)

plans for the construction and relocation of installations within the new easement are

approved by the Director of Development Services; and (iii) said construction and

relocation of installations are completed, approved and accepted in writing by the

Director of Development Services. All work shall be done at the sole cost of GRANTEE

and to the satisfaction of the Director of Development Services.

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 Development Services, 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

Development Services, or designee shall deliver to GRANTEE a certified copy of this

ordinance. The Director of Development Services, 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 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.

THERESA O'DONNELLirector of Development Services

BY+~7-'-~""'k1Y~~'"""-'''''''''..L~nterimAss

~~Assistant City Attorney

APPROVED AS TO FORM:THOMAS P. PERKINS, JR.City Attorney

BY _-:==":-:-.....::..:-=:---::-:-:- _

Passed _

JJ/33251 4

20' WASTEWATER EASEMENT ABANDONMENTCITY OF DALLAS OFFICAL BLOCK NO. Al8210

J. V. MOUNTS SURVEY, ABSTRACT NO. 942CITY OF DALLAS, DALLAS COUNTY, TEXAS

BEING a 1,078 square foot tract ofland located in the J. V. MOUNTS SURVEY, ABSTRACT NO. 942, CityofDallas, Dallas County, Texas and being part of Lot 2A and 2B, BlockAl8210 of GLEN ABBEY atASH~

BLUFF NO.2, an Addition to the City ofDallas according to the Plat recorded in Document Number ,1.,

200600015083, Map Records, Dallas County, Texas, said Lots being the same tracts ofland as described inDeed to Ron Crosby and wife Paige Crosby, as recorded in Document Number 200600058651, Deed Records,Dallas County, Texas and being a portion of the Wastewater Easement shown on said Plat of GLEN ABBEY atASH BLUFF NO.2 and being more particularly described as follows:

COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found at the Northeastcomer of said Lot 2A and the Southeast comer of said Lot 2B from which 5/8 inch iron rod found at theNortheast comer of said Lot 2B bears North 16 degrees 55 minutes 17 second West, 184.13 feet;

THENCE North 68 degrees 46 minutes 02 seconds West, a distance of78.21 feet to the POINT OFBEGINNING ofthe tract herein described;

THENCE South 15 degrees 01 minutes 04 seconds West, a distance of50.52 feet to a point for comer;

THENCE North 74 degrees 58 minutes 56 seconds West, a distance of20.00 feet to a point for comer;

THENCE North 15 degrees 01 minutes 04 seconds East, a distance of60.48 feet to a point for comer;

THENCE South 23 degrees 13 minutes 47 seconds East, a distance of6.63 feet to a point for comer;

THENCE South 58 degrees 19 minutes 17 seconds East, a distance ofl6.59 feet to a point for comer at thePOINT OF BEGINNING and containing 1,078 square feet or 0.025 acres ofland, more or less.

Basis ofbearings are derived from the East line ofLot 2B, Block Al8210 of GLEN ABBEY at ASH BLUFFNO.2, an Addition to the City ofDallas according to the Plat recorded in Document Number 200600015083,Map Records, Dallas County, Texas, said line having a record bearing ofNorth 16 degrees 55 minutes 17second West.

(A plat of even survey date herewith accompanies this description.)

The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing descriptionaccurately sets out the metes and bounds of the easement abandonment described.

(For SPEG uSj,0nly)

REVIEWED By: d::':Pl:CDme: ~s/~~/bS

SPRG NO: --,/:...;¥''-''-!..7 _

R:\Data\2007\07127\aa\Survey Docs\Easements\07127ESMT01~20'WWE ABDON.doc

EXHIBIT Alof3

20' WASTJ;WAT.EJLEASEMEMJ AaAt::lOQliMElfiCITY OF DALLAS OFFICIAL BLOCK NO. A/821 0


16'I

07127ESMTOI

o 60 120

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LENGlH78.2"50.5 •20.00'60.48'6.63"16.5 •

73

LINE TABLEUNE BEARING

T1 N68·46··WT2 515'0" 4"WT3 N74·58'56·WT4 N15"O,'04"ET5 5231 '47·T6 1 '17"E

1,078 SQUARE FEETOR 0.025 ACRES

~'!{f4Sean ShropshireRegistered Professional Land SurveyorNo. 5674

Page 2 of 3

15' DRAINAGE EASEMENTDOCUMENT NO. 200600015083

M.R.O.CT.

GLEN

2A ~~~~II~~I~RON CROSBY AND WIFE, PAIGE CROSBYDOCUMENT NO. 200600052651

D.R.D.C.T.

DOWDEY, ANDERSON& ASSOCIATES, INC.

5225 VilageCreek 1Jrive, Suite2110 1'Iaoo, Texas 75093Phooe972·93J.O!i94 Fax 972-931·9533

03/05/2008

(For SPRG ~ only)

REVIEWED By:K~~ _Date: f)§L~ft'!__SPRG NO: _..!~-!_7.- _

CONTROL MONUMENTS USED FOR BEARING BASIS ANDBOUNDARY SOLUTIONS ARE NOTED HEREON AS <CM>

M.R.D.C.T.D.R.D.C.T.

WWEIRFEI@

RON CROSBY AND WIFE, PAIGE CROSBYDOCUMENT NO. 200600052651

D.R.D.C.T.

:r:o

LEGENp= MAP RECORDS, DALLAS COUNTY, TEXAS= DEED RECORDS, DALLAS COUNTY, TEXAS= WASTEWATER EASEMENT= IRON ROD FOUND= POINT FOR CORNER= 1/2" IRON ROD FOUND W1lHA YELLOW PLASTIC

CAP STAMPED "DAA" (UNLESS OlHERWISE NOTED)

i NOTE: BASIS OF BEARINGS ARE DERIVED FROM lHE EAST- LINE OF LOT 2B. BLOCK A/8210 OF GLEN ABBEY at ASH*BLUFF NO.2., AN ADDITION TO THE CITY OF DALILAS

ACCORDING TO THE PLAT THEREOF RECORDED IN DOCUMENTj NUMBER 20060015083, MAP RECORDS. DALLAS COUNTY,~ TEXAS, SAID LINE HAVING A RECORD BEARING OF NORlH 16011 DEGREES 55 MINUTES 17 SECONDS WIEST.c:

~"0

~

2.0' WASTEWAlEELEASEMEl:\lJ ABA~,t~CITY OF DALLAS OFFICIAL BLOCI( NO. A!8210


;1.

07127BSMIOl

NORTH

~.~Sean Shropshire IRegistered Professional Land SurveyorNo. 5674

Page 3 of 3

BENT

LOCATION MAPNOT TO SCALE

DALLAS MAPSCO 5-N

iEa::oz>-:2~--'--'--'--'<coOJ-

DOWDEY, ANDERSON& ASSOCIATES, INC.

5225 VJlage CreE!c Drive, Suite 200 1'Iaoo, Texas 75093I'!lone 972-93J.11694 Fax gn-931-9538

03/0512008

(For SPRG use only)

REVIEWED By: _

Date:SPRG NO:






MAPSCO: 24M________________________________________________________________

SUBJECT

An ordinance abandoning a portion of an alley to Kenny Allan Troutt and Lisa Copeland Troutt, the abutting owners, containing approximately 2,057 square feet of land, located near the intersection of Strait and Harrys Lanes, and authorizing the quitclaim - Revenue: $113,649 plus the $20 ordinance publication fee

BACKGROUND

This item authorizes the abandonment of a portion of an alley to Kenny Allan Troutt and Lisa Copeland Troutt, the abutting owners. The area to be abandoned will be included with the property of the abutting owners for the construction of a new single family residence. The abandonment fee is based on an independent appraisal.

Notices were sent to 9 property owners within 300 feet of the proposed abandonment areas. There were no responses received in opposition to this request.

This transaction is consistent with the recommendations of the Real Estate Task Force.



FISCAL INFORMATION

Revenue: $113,649 plus the $20 ordinance publication fee


OWNERS

Kenny Allan Troutt

Lisa Copeland Troutt

MAPS

Attached

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YOLANI

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l1li ALLEY ABANDONMENT AREA

AB/32983 1

ORDINANCE NO. _____________

An ordinance providing for the abandonment of a portion of an alley located adjacent to

City Block 2/5521 in the City of Dallas and County of Dallas, Texas; providing for the

quitclaim thereof to Kenny Allan Troutt and Lisa Copeland Troutt; providing for the terms

and conditions of the abandonment 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 Kenny Allan Troutt and Lisa Copeland Troutt, hereinafter

referred to collectively as GRANTEE, deems it advisable to abandon and quitclaim 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 alley 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 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 tract of land described in Exhibit A, which is attached hereto and

made a part hereof, 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 conditions

hereinafter more fully set out.

SECTION 2. That for and in monetary consideration of the sum of ONE HUNDRED

THIRTEEN THOUSAND SIX HUNDRED FORTY - NINE AND NO/100 ($113,649.00)

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

AB/32983 2

GRANTEE, subject to the conditions, reservations, and exceptions hereinafter made

and with the restrictions and upon the covenants below stated, all of its right, title and

interest in and to that 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 City Controller is authorized to deposit the sum paid by

GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV,

Balance Sheet 0519 and Department of Development Services - 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 0001, Department DEV, Unit 1183, Object 5011 and any remaining

proceeds shall be transferred to the General Capital Reserve Fund 0625, Department

BMS, Unit 8888, Revenue Source 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 for all intents and purposes made a part

hereof.

SECTION 6. That the terms and conditions contained in this ordinance shall be binding

upon GRANTEE, their heirs 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.

AB/32983 3


consideration for the quitclaim to GRANTEE herein, GRANTEE, their heirs and assigns,

agree to indemnify, defend, release and hold the City of Dallas whole and harmless

against 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 property described in Exhibit A by GRANTEE, their heirs 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, their heirs 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, their heirs 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.


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 Deed Records of Dallas County, Texas after its approval by the City

Plan Commission of the City of Dallas.

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 Development Services, 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 Development Services, 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, 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 Development

Services, 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 shall take effect immediately from and after its

passage and publication in accordance with the provisions of the Charter of the City of

Dallas, and it is accordingly so ordained.

APPROVED AS TO FORM:THOMAS P. PERKINS, JR.City Attorney

~u Ivb-Assistant City Attorney

Passed '

THERESA O'DONNELLDire tor of Development Services

AB/32983 4

EXHIBIT AABANDONMENT OF 10 FOOT ALLEY ADJACENT TO LOT 1,

BLOCK 2/5521, D.N. RICHARDS SUBDIVISION,CITY OF DALLAS, DALLAS COUNTY, TEXAS

Being a 2,057 square foot (0.047 acre) tract of land out of F. M. Fortner Survey, AbstractNo. 479 in"the City of Dallas Block 2/5521, Dollos-County, Texas, and being a 10 footalley dedicated recorded by Dick N. Richards Subdivision, an addition to the City of Dallas,according to the map thereof recorded in Volume 42, Page 145, Map Records, DallasCounty, Texas, and being more particularly described by metes and bounds as follows:

COMMENCING at a 5/8 inch iron rod found for corner in the South line of Harry's Lane (50foot right-of-way) and being the Northeast corner of Lot 2, Block 2/5521 of CharlesBlaylock Addition, an addition to the City of Dallas, Dallas County, Texas, according to themap thereof recorded in Volume 81035, Page 1985, Map Records, Dallas County, Texas;

THENCE South 00 degrees 18 minutes 30 seconds West, departing said South line of saidHarry's Lane, a distance of 273.70 feet to a point for corner at the Northwest corner ofsaid 10 foot alley and being the POINT OF BEGINNING;

THENCE East, along the South line of a tract of land conveyed to Kenny Allen Troutt andLisa Copeland Troutt by deed recorded in Volume 94212, Page 4352, Deed Records, DallasCounty, Texas, a distance of 10.00 feet to a point for corner, and being the Northwestcorner of said Lot 1;

THENCE South 00 degrees 18 minutes 30 seconds West, along the West line of Lot 1, adistance of 205.70 feet to a point for corner being the Southwest corner of said Lot 1 andthe common North line of Lot 6, Block 2/5521 of Alibhai Addition, an addition to the Cityof Dallas, Dallas County, Texas, according to the map thereof recorded in Volume 99049,Page 66, Deed Records, Dallas County, Texas;

. THENCE West, along the North line of said Lot 6, a distance of 10.00 feet to a 5/8 inch"iron rod found for corner being the Northwest corner of said Lot 6, and being in the East

line of a tract of I.at)d conveyed to Michael Scott Anderson by deed recorded in Volume97042, Page 1235, Deed Records, Dallas County, Texas, and being the Southwest corner ofsaid 10 foot alley;

THENCE North 00 degrees 18 minutes 30 seconds East, along the East line of saidAnderson tract and the West line of said 10 foot alley, a distance of 205.70 feet to thePOINT OF BEGINNING and containing 2,057 square feet or 0.047 acres of land.

1) BEARINGS ARE BASED ON THE DICK N. RICHARDSSUBDIVISION, AN ADDITION TO THE CITY OF DALLAS,DALLAS COUNTY, TEXAS, ACCORDING TO THE PLATTHEREOF RECORDED IN VOLUME 6, PAGE 126, PLATRECORDS, DALLAS COUNTY, TEXAS.2) PFC =POINT FOR CORNER

BRYAN ONNALLYR.P.L.S. NO. 5513

SHEET 1 OF 2JOB NO. 0504662-6DRAWN BY: CHRISSPRG NO. 1419

REV\EWED BY(C.,fVJ<'

(J1/11// ,f,

/'1/1

DOUG CONNALLY Be ASSOCIATES. INC.

ENGINEERING ' PLANNING • SURVEYING11545 Pagemlll Road • Suite 200 • Dallas, Texas 7 :43

P 214.349.9485 • F 214.349.221 6www.doodfw.corn

DC~

GENERAL NOTES:

EXHIBIT AABANDONMENT OF 10 FOOT ALLEY ADJACENT TO LOT 1,

BLOCK 2/5521, D.N. RICHARDS SUBDIVISION,CITY OF DALLAS, DALLAS COUNTY, TEXAS

HARRY'S LANE50' R.O.W.

II

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SHEET 2 OF 2JOB NO. 0504662-6DRAWN BY: CHRISSPRG NO. 1419

+10 1 SANITARY SEWER ESMT.

VOL. 42, PG. 145

----

LOT 6, BLOCK 2/5521ALlBHAI ADDITION

VOL. 99049, PG. 66

POIN! OF .COMMENCING

ALLEY ABANDONMENT2,057 SQ. FT.j0.047 ACRES

PFC

EAST10.00'

PFC

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•0 0!" '"00 00~ ~• •0 00 0

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CONTROLLING WESTMONUMENT

5/8 INCH 'RON ROD 10.00'fOUND WITH

YELLOW PLASTIC CAPSTAMPED DCA INC

RE'J\~JlBY()7INI(J~

l'fl"lDOUG CONNAllY & ASSOCIATES. INC.

5/8 INCH IRON ROOFOUND WITH

YELLOW PLASTIC CAPSTAMPED DCA INC

FRANK WU & WIFE.SU CHIN WU

VOl. 85038, PG. 2069

ENGINEERING • PLANNING • SURVEYING11545 Pagemlll Road· Suite 200 • Dallas, Texas 7

P 214.349.9485 • F 214.349.2216www.rl~l'ItHw.l'lnm

LOT 2, BLOCK 2/5521CHARLES BLAYLOCK ADDITION

VOL. 81035, PG. 1985

10' ALLEY DEDICATED BYD.N. RICHARDS SUBDIVISION

VOL. 42, PG. 145

MICHAEL SCOTT ANDERSONVOL. 97042, PG. 1230

MICHAEL SCOTT ANDERSONVOL. 97042, PG. 1235

DC~

GENERAL NOTES,

1) BEARINGS ARE BASED ON THE DICK N. RICHARDSSUBDIVISION, AN ADDITiON TO THE CITY OF DALLAS,DALLAS COUNTY, TEXAS, ACCORDING TO THE PLATTHEREOF RECORDED IN VOLUME 6, PAGE 126, PLATRECORDS, DALLAS CDUNTY, TEXAS.2) PFC ~POINT FDR CORNER

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 Dailas 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 aiterations,

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 shail be constructed or placed within the abandoned area without

written consent 'of each affected Utility. Each Utility shail have the full right to remove and keep

removed ail 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 ail times have the fuil right of ingress and egress to or from

and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting,

patroiling, maintaining, expanding, upgrading, and/or adding to ail 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 shali 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, removai or adjustment of any or ail such Facilities, if made

necessary by GRANTEE'S (whether one or more natural persons or legal entities) use of the

abandonment area, shail 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 shail be at the expense of GRANTEE, GRANTEE'S successors

and assigns. If any of the Facilities (or relocations thereof) are ailowed to remain on any part of the

abandoned area, the easements and buildings restrictions provided herein shail remain thereon. Upon

removal or relocation of ail of the Facilities, any easements reserved or created herein relating to such

removed or relocated Facilities shail terminate, and any building restrictions herein created shail cease.

ABAN.EXB (revised 11/9/00)




DEPARTMENT: Office of Economic Development


MAPSCO: 45 B C F & G________________________________________________________________

SUBJECT

Authorize an amendment to the development agreement with Uptown Dallas Inc., (1) to increase the contract funding from $2,300,000 to $2,600,000 for additional utility work and streetscape improvements supporting the development of Block 547 (located in the State-Thomas TIF District at the corner of Maple-Routh Connection, Thomas Avenue, Routh Street and Colby Street), and (2) the ratification of the pledge and dedication of $300,000 in State-Thomas TIF funds by the State-Thomas TIF Board effective as of December 17, 2008, (the date the State-Thomas TIF District Board of Directors pledged such funding) - Financing: $300,000 - State-Thomas TIF District Funds

BACKGROUND

This specific action assigns additional funds for payments related to the utility burial work, streetscape improvements for Block 547 in the State-Thomas TIF District (bounded by Maple-Routh Connection, Thomas Avenue, Routh Street and Colby Street). The improvements to Block 547 were excluded from the State-Thomas Final Improvement Project list based on preliminary cost estimates indicating a shortage of funds. However, based on final bids, approximately $300,000 can be allocated to these public infrastructure improvements.

CSW Development is constructing 267 apartment units at the site located on the corner of Maple Routh Connection and Thomas Avenue. The additional funding ($300,000) will be used to upgrade the quality of streetscape improvements to conform to the State-Thomas Design Guidelines. The improvements include the burial of utility lines on the site, installation of the specialty pedestrian lights, and sidewalks with increased width and specialty paving features. TIF standard streetscape improvements are more extensive than minimum improvements required by zoning.

Tax Increment Financing (TIF) Districts are set up for a finite term and/or collection of funds related to a specific set of public improvements.



The State-Thomas TIF District was created in 1989 and is set to terminate in 2008. Several of the planned public infrastructure improvements for the TIF District remain to be completed. Beginning in 2003, City staff began a process to work with various stakeholders including the community members, home owners, retailers, the State-Thomas TIF Design Review Committee (DRC), State-Thomas TIF District Board of Directors and the Uptown Public Improvement District.

Staff developed a final strategy to identify and prioritize the final set of district wide improvement projects. The City of Dallas’ Public Works and Transportation Department (PWT) selected consultants to design and determine final costs for the recommended projects. Upon completion of the final design work, PWT conducted a bidding process for the construction of these projects and selected Gibson Associates as the lowest responsible bidder among the three bids that were received. The bid amount is approximately $5.3 million.

Other utility burial work and coordination will be undertaken through a development agreement with the Uptown Public Improvement District. The amount of this contract will be increased from $2.3 million to $2.6 under this contract amendment. Completion of these projects and related utility work will close out the operations of the State-Thomas TIF District.

ESTIMATED SCHEDULE OF PROJECT

Begin Construction March 2009Complete Construction December 2011


On December 14, 1988, the City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number One, State-Thomas TIF District by Ordinance No. 20160.

On December 13, 1989, the City Council authorized the Project Plan and Reinvestment Zone Financing Plan for the State-Thomas TIF District by Ordinance No. 20530.

Since June 2003 to date, there were several State-Thomas Design Review Committee and State-Thomas TIF District Board of Directors meetings. These meetings led to the adoption of the Final Improvement Projects by the State-Thomas TIF District Board of Directors in September 2004, with subsequent modifications.

On November 10, 2008, the City Council authorized a contract for street paving, storm drainage, water and wastewater main improvements for State-Thomas TIF District infrastructure improvements for Group I through IV to Gibson and Associates in an amount not to exceed $4,602,238 by Resolution No. 08-3036.


PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued)

On November 10, 2008, the City Council authorized a development agreement with Uptown Dallas Inc., in an amount no tot exceed $2,300,000 for utility work related to the State-Thomas TIF District Group I, Group II, Group III and Group IV projects including payments to utility companies related to the overhead utility burial work, installation of specialty pedestrian lights and payments for completion of the projects by Resolution No. 08-3049.

On December 10, 2008, the City Council authorized Supplemental Agreement No. 2 to the contract with Huitt-Zollars, Inc., for additional services for managing and providing construction inspection throughout the duration of construction of State-Thomas TIF District Group I through IV in an amount not to exceed $281,276 by Resolution No. 08-3438.

On December 17, 2008, the State-Thomas TIF District Board of Directors reviewed the amendment to the development agreement with Uptown Dallas Inc., for increase of funding from $2,300,000 to $2,600,000 and dedicated $300,000 in State-Thomas TIF District funds for utility work and streetscape improvements located on Block 547.

On January 5, 2009, a memo was submitted to the Economic Development Committee regarding an amendment to the development agreement with Uptown Dallas Inc., to increase funding from $2,300,000 to $2,600,000, and to ratify the dedication of $300,000 for additional utility work and streetscape improvements, such ratification to be effective as of December 17, 2008, the date the State-Thomas TIF District Board of Directors pledged such revenues.

FISCAL INFORMATION

$300,000 – State-Thomas TIF District Funds

OWNER DEVELOPER

Uptown Dallas Inc. Uptown Dallas Inc.

Jim Reagan, Executive Director Jim Reagan, Executive Director

MAP

Attached.

State-Thom as (Block 547)Project Location

o State-Thomas TIF District Boundary

Offloo of E , oo o m~ O . .. lopmoo!

D".mb.,2008

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the City recognizes the importance of its role in local economic development; and

WHEREAS, on December 14, 1988, the City Council authorized the establishment of Tax Increment Financing Reinvestment Zone Number One, (State-Thomas TIF District), in accordance with the Tax Increment Financing Act, as amended (V.T.C.A. Tax Code, Chapter 311, hereafter the "Act") to promote development and redevelopment in the State-Thomas area through the use of tax increment financing by Ordinance No. 20160; and

WHEREAS, on November 10, 2008, the City Council authorized a contract of street paving, storm drainage, water and wastewater main improvements for State-Thomas infrastructure improvements for Group I through IV to Gibson and Associates in an amount not to exceed $4,602,238, by Resolution No. 08-3036; and

WHEREAS, on November 10, 2008, the City Council authorized a development agreement with Uptown Dallas Inc., in an amount not to exceed $2,300,000 for utility work related to the State-Thomas TIF District Group I, Group II, Group III and Group IV projects including payments to utility companies related to the overhead utility burial work, installation of specialty pedestrian lights and payments for completion of the projects by Resolution No. 08-3049; and

WHEREAS, on December 10, 2008, the City Council authorized a Supplemental Agreement No. 2 to the contract with Huitt-Zollars, Inc., for additional services for managing and providing construction inspection throughout the duration of construction of State-Thomas TIF District Group I through IV in an amount not to exceed $281,276 by Resolution No. 08-3438; and

WHEREAS, on December 17, 2008, the State-Thomas TIF District Board of Directors reviewed the proposed amendment to the development agreement with Uptown Dallas Inc., and approved an increase in funding from $2,300,000 to $2,600,000 thereby dedicating $300,000 in State-Thomas TIF District funds for additional utility work and streetscape improvements to the Block 547; and

WHEREAS, on January 5, 2009, a memo was submitted to the Economic Development Committee regarding an amendment to the development agreement with Uptown Dallas Inc., to increase funding from $2,300,000 to $2,600,000, and requesting that the City Council ratify the dedication of $300,000 for additional utility work and streetscape improvements for Block 547 in the State-Thomas TIF District, such ratification to be effective as of December 17, 2008, the date the State-Thomas TIF District Board of Directors pledged such revenues.

COUNCIL CHAMBER

January 14, 2009

NOW, THEREFORE,


Section 1. That the City Manager, upon approval as to the form by the City Attorney is hereby authorized to execute an amendment to the development agreement with Uptown Dallas Inc., to increase the contract funding from $2,300,000 to $2,600,000 for additional utility work and streetscape improvements for Block 547 (bounded by Maple-Routh Connection, Thomas Avenue, Routh Street and Colby Street).

Section 2. That the City Council hereby ratifies the pledge and dedication of $300,000 in State-Thomas TIF funds by the State-Thomas TIF District Board of Directors to be effective as of December 17, 2008, the date the State-Thomas TIF District Board of Directors pledged such funding for such work to be completed under the development agreement with Uptown Dallas Inc. pursuant to the State-Thomas TIF District Project Plan and Reinvestment Zone Financing Plan.

Section 3. That the facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct.

Section 4. That the City Controller is hereby authorized to encumber and disburse funds from the State-Thomas TIF District Fund: Fund 0032, Department ECO, Unit P145, Activity STTI Object 3570, CT ECOP145A031, Vendor No. 355176, an increase of $300,000, from $2,300,000 to $2,600,000.

Section 5. That Exhibit B to the development agreement shall be deleted and the attached Exhibit B updated to reflect revised cost estimates shall be attached therefore.

Section 6. That the City Manager, after approval and recommendation of the Director of the Office of Economic Development, may authorize an extension of the project deadline up to 6 months.

Section 7. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.

Distribution: Office of Economic Development – Tenna Kirk, 5CSOffice of Economic Development – Vasavi Mallena, 2CNOffice of Economic Development – Sajid Safdar, 2CNCity Attorney's Office - Barbara MartinezCity Attorney's Office – Sarah Hasib

1

EXHIBIT B Revised Budget and Cost Estimate

Related to Development Agreement between the City of Dallas and Uptown, Inc.

Cost Estimate Amount ONCOR $1,300,000 Other utility companies (AT&T., Time Warner, etc.) $500,000 Miscellaneous expenses (acquisitions for utility easements, change orders etc., related to the utility work: Group I-IV)

$500,000

Improvements related to Block 547

$300,000

Total Amount $2,600,000 Note: The above costs may be shifted among categories, as long as the total amount does not exceed $2,600,000

2

EXHIBIT B

Specific Project list

Project Description Hall Street - Cemetery / North Central Expressway

Utility burial

Woodside Pedestrian Extension Trail Extension/Sidewalk Improvements

Development Block 562 ( State Street / Worthington Street)

Utility burial

Allen Street – Thomas Avenue / Hallsville Street

Utility burial

Allen Street – Hallsville Street / Woodall Rodgers Freeway

Utility burial

Thomas Avenue - Alley N of Allen Street / Boll Street

Utility burial

Worthington St - State Street / Thomas Avenue Utility burial

Hallsville Street - Alley / Allen Street Utility burial

Griggs Park Clark Street, North Central Expressway)

Sidewalk and Entryway Improvements around Park area

Utility work, improvement related to the Block 547

Utility and Streetscape improvements




DEPARTMENT: Office of Economic Development


MAPSCO: 67 X________________________________________________________________

SUBJECT

Authorize a public hearing to be held on January 28, 2009 to receive comments concerning the creation of City of Dallas Reinvestment Zone No. 72 located at 4800 Langdon Road, Dallas, Texas; and, at the close of the hearing, consideration of (1) an ordinance creating City of Dallas Reinvestment Zone No. 72; and (2) a 50 percent business personal property tax abatement for ten years with Advanced H2O, LLC. and DLH Dallas Logistics 634, LLC. - Financing: No cost consideration to the City

BACKGROUND

Advanced H2O, LLC. seeks City Council approval of incentives for a new water bottling and distribution facility at 4800 Langdon Road, Dallas, Texas. DLH Dallas Logistics 634, LLC. constructed a 635,040 square feet speculative building on 37.80 acres in the Dallas Logistics Center. Advanced H2O, LLC. of Mercer Island, Washington desires to open a new water bottling and distribution facility in the Dallas area. In order to accomplish this, Advanced H2O, LLC. has negotiated a 15 year lease for 313,470 square feet of space within the 4800 Langdon Road facility. Advanced H20, LLC., will create 100 jobs and invest $29,000,000 for equipment and tenant improvements. The City Council will be asked to authorize a 50 percent business personal property tax abatement for ten years for Advanced H2O, LLC. and DLH Dallas Logistics 634, LLC. at 4800 Langdon Road after the public hearing on January 28, 2009 and staff negotiated a business personal property tax abatement cap of $1,021,000. This facility is slated for completion by April 2009.

ESTIMATED SCHEDULE OF THE PROJECT

Begin Construction February 2009Complete Construction April 2009


PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS

On January 5, 2008, a memo was submitted to the Economic Development Committee regarding an ordinance creating City of Dallas Reinvestment Zone No. 72 and a 50 percent business personal property tax abatement for ten years with Advanced H2O, LLC. and DLH Dallas Logistics 634, LLC.

FISCAL INFORMATION

No cost consideration to the City

TENANT PROPERTY OWNER / DEVELOPER

Advanced H2O, LLC. DLH Dallas Logistics 634, LLC.

Robert Abramowitz, Dan McAuliffe,President And CEO President

MAP

Attached.

ADVANCED H20, LLC

a

75241

L M

75217C

G HDALLAS

4800 Langdon RoadDallas, Texas

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the City recognizes the importance of its role in local economic development; and

WHEREAS, on April 9, 2008, the City Council elected to continue its participation in tax abatement and the Public/Private Partnership Program Guidelines and Criteria governing tax abatement agreements to be entered by the City as required by the Property Redevelopment and Tax Abatement Act, as amended, V.T.C.A. Tax Code, Chapter 312 (the "Act") by Resolution No. 08-1050; and

WHEREAS, the City has determined that the area depicted on the metes and bounds description attached hereto as Exhibit A meets the criteria for a reinvestment zone under the Act; and

WHEREAS, the Act further requires that prior to the adoption of the ordinance providing for the establishment of a reinvestment zone to promote development or redevelopment within such zone through the use of tax abatement as authorized by the Act, the City must hold a public hearing on the adoption of the proposed reinvestment zone and find that the improvements sought are feasible and practical and would be of benefit to the land to be included in the zone and to the community and provide interested persons the opportunity to speak and present evidence for or against the designation; and

WHEREAS, the City desires by calling and holding such public hearing to provide a reasonable opportunity for any owner of property located within the proposed zone, any other taxing districts, and any other interested persons to speak for or against the creation of the proposed reinvestment zone or the inclusion of any property therein; and

WHEREAS, the City Council desires to enter into a business personal property tax abatement agreement with Advanced H2O, LLC. and DLH Dallas Logistics 634, LLC. to encourage the development of a water bottling manufacturing and distribution facility at 4800 Langdon Road, Dallas, Texas.

NOW, THEREFORE,


Section 1. That a public hearing shall be held at 1:00 P.M. on January 28, 2009, in the City Council Chambers, Dallas City Hall, 6th floor, 1500 Marilla Street, Dallas, Texas, at which time any interested person may appear and speak for or against the creation of Reinvestment Zone No. 72 for the purpose of granting a real property tax abatement agreement and at the close of the public hearing the City Council shall consider: (1) an ordinance creating City of Dallas Reinvestment Zone No. 72 on January 28, 2009 and (2) authorization of a business personal property tax abatement agreement with Advanced H2O, LLC. and DLH Dallas Logistics 634, LLC.

COUNCIL CHAMBER

January 14, 2009

Section 2. That notice of such public hearing shall be published in the official newspaper of the City of Dallas not later than seven (7) days prior to the date of such hearing, and that written notice of such hearing along with a copy of this resolution shall be delivered in writing to the presiding officer of the governing body of each taxing unit that has real property that is to be included in the proposed reinvestment zone within its boundaries.

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.

Distribution: Office of Economic Development - Tenna Kirk, 5CSOffice of Economic Development - Sajid Safdar, 2CNCity Attorney's Office - Barbara Martinez

EXHIBIT A

METES AND BOUNDSProposed Lot 2, Block A/8284DLH-Dallas Industrial NO.137.80 AcresWilliam F. Newton Survey, Abstract NO.1 084City of Dallas, Dallas County, Texas

BEING a tract of land situated in the William F. Newton Survey, Abstract No.1084 in the City of Dallas, Dallas County, Texas, and being a portion of Tracts 91

and 92, called to be 8.8636 acres and 39.475 acres of land respectively asdescribed in a Special Warranty Deed from Southport Properties, L.P. to DLH

Master Parcel ##85-92,97, 139, L.P. (now known as DLH Master Parcel ##90-92L.P.), recorded as Instrument Number 200600315136 in the Official Public

Records of Dallas County Texas (hereinafter referred to as OPRDCT), with theherein described tract of land being further described as held on the ground by

metes and bounds as follows:

COMMENCING at a 5/8-inch iron rod with "KHA" cap found for the intersection ofthe southeast line of Langdon Road, a called 80 foot wide public right of way asshown on Dallas County Right of Way Maps and dedicated in Volume 2417,Page 325 - DRDCT and the west line of the M.K. & T. Railroad right of waydescribed in Deed from Henry Pangburn to Dallas and Waco Railway Co.,recorded in Volume 88, Page 15 - DRDCT said rod being the north corner ofTract 90;

THENCE along the M.K. & T. Railroad right of way the following courses anddistances:

Along a curve to the right, through a central angle of 15°51'31", having aradius of 1860.10 feet, and a chord bearing and distance of South16°23'16" East, 513.21 feet, an arc length of 514.85 feet to a SIB-inch ironrod found for corner;

Along a curve to the right, through a central angle of 2°00'24", having aradius of 5679.65 feet, and a chord bearing.and distance of South07°27'18" East, 198.91 feet, an arc length of 198.92 feet to a 5/8-inch ironrod found for corner;

South 06°27'06" East, a distance of 497.74 feet to a point for the eastcommon corner of proposed Lots 2 and 3, Brock A/8284, DLH-DALLASINDUSTRIAL NO.1 and the POINT OF BEGINNING of the hereindescribed tract of land;

1

EXHIBIT A

South 06°27'06" East, a distance of 1141.20 feet to a SIB-inch iron rodfound for comer;

Along a curve to the right, through a central angle of 0°36'10", having aradius of 5679.65 feet, and a chord bearing and distance of South06°09'02" East, 59.74 feet, an arc length of S9.74 feet to a point forcorner;

THENCE along the northeast side of Dallas Morning News Addition, an additionto the City of Dallas, Dallas County, Texas, according to the plat thereof recordedas Instrument Number 20070021329 -OPRDCT, the following courses anddistances:

South 86°16'44" West, at 0.18 feet pass an iron rod found with cap forthe most easterly northeast corner of the Dallas Morning News Tract, in alla total distance of 777.43 feet to a S/8-inch iron rod found for corner;

North 31006'51" West, a distance of 1383.93 feet to an iron rod with capfound for corner;

South 58053'09" West, a distance of 64.16 feet to a S/8-inch iron rodfound for corner;

THENCE North 48°36'34" West, a distance of 4.79 feet to a S/8-inch iron rodfound in the southeast line of Langdon Road, a called 80 foot wide right of wayas shown on Dallas County Right of Way Maps and dedicated in Volume 2506,Page 123 - ORDCT;

THENCE along the southeast line of Langdon Road the following courses anddistances:

Along a curve to the left, through a central angle of 3°09'41", having aradius of 858.64 feet, and a chord bearing and distance of North39°48'36" East, 47.37 feet, an arc length of 47.38 feet to a SIB-inch ironrod found for comer;

THENCE North 38°13'45" East, a distance of 74.51 feet to a point for thewest common corner of proposed Lots 2 and 3, from which said point, aSIB-inch iron rod found for corner bears North 38°13'45" East, a distanceof 1091.58 feet;

THENCE along the common south line of proposed Lot 3 and the north line ofproposed Lot 2, the following calls: '

South 51°46'15" East, a distance of 10.00 feet to a point for comer;

2

EXHIBIT A

North 38°13'45" East, a distance of 831.10 feet to a point for corner;

South 51°46'15" East, a distance of 134.54 feet to a point for corner;

Along a curve to the right, through a central angle of 20°39'23", having aradius of 147.00 feet, and a chord bearing and distance of South41°26'33" East, 52.71 feet, an arc length of 53.00 feet to a point forcorner;

South 31°06'51" East, a distance of 782.18 feet to a point for corner;

North 58°53'09" East, a distance of 259.24 feet to a point for corner;

North 83°17'18" East, a distance of 49.87 feet to the POINT OFBEGINNING and containing 37.80 acres, more or less.

Bearing system based upon the Texas Coordinate System of 1983, North CentralZone (Grid Azimuth)

3

AGENDA ITEM # 20KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities



DEPARTMENT: Equipment & Building Services

CMO: Forest E. Turner, 670-3390

MAPSCO: 45G________________________________________________________________

SUBJECT

Authorize a professional services contract with DSGN Associates, Inc., to provide design services for acoustical enhancements at the Morton H. Meyerson Symphony Center located at 2301 Flora Street - Not to exceed $52,000 - Financing: 2006 Bond Funds

BACKGROUND

Under the current development plan for the Performing Arts District, the Annette Strauss Artist Square performance stage is scheduled to be located on the north side of the Morton H. Meyerson Symphony Center. In response to concerns about the impact from noise generated by performances at Annette Strauss Artist Square, the City commissioned an acoustical consultant to recommend noise mitigating improvements to the Morton H. Meyerson Symphony Center.

This action will authorize DSGN Associates Inc., to provide architectural design and construction administration services to implement the noise mitigation recommendations from the acoustical consultant.




Begin Design February 2009Complete Design July 2009Award Construction September 2009Complete Construction February 2010

FISCAL INFORMATION

2006 Bond Funds - $52,000


M/WBE INFORMATION

See attached

ETHNIC COMPOSITION

DSGN Associates, Inc.

Hispanic Female 0 Hispanic Male 0African American Female 0 African American Male 0Other Female 0 Other Male 0White Female 2 White Male 4

OWNER

DSGN Associates, Inc.

Robert Meckfessel, Principal

MAP

See attached.


PROJECT: Authorize a professional services contract with DSGN Associates, Inc., to provide design services for acoustical enhancements at the Morton H. Meyerson Symphony Center located at 2301 Flora Street - Not to exceed $52,000 - Financing: 2006 Bond Funds

DSGN Associates, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Professional Services

_______________________________________________________________


Amount Percent


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

TOTAL CONTRACT $52,000.00 100.00%




Cedrick Frank AssociatesJaster Qunitanilla & Associates

BMMB30752Y0507HMMB29171N1106

$11,100.00$3,000.00

21.35%5.77%

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



None



African American $11,100.00 21.35% $11,100.00 21.35%Hispanic American $3,000.00 5.77% $3,000.00 5.77%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

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

Total $14,100.00 27.12% $14,100.00 27.12%

Omi 0.2 0.4 06

Morton H. Meyerson Symphony CenterAcoustical Enhancements2301 Flora

COUNCIL CHAMBER

January 14, 2009

WHEREAS, it is necessary to retain a professional consulting firm to provide design for the acoustical enhancements to the Morton H. Meyerson Symphony Center located at 2301 Flora Street, and,

WHEREAS, DSGN Associates, Inc., a professional services consulting firm, was selected in accordance with Administrative Directive 4-5; and

Now, Therefore,


Section 1. That the City Manager is hereby authorized to enter into a professional services contract with DSGN Associates, Inc., to provide design services for acoustical enhancements at the Morton H. Meyerson Symphony Center located at 2301 Flora Street in an amount not to exceed $52,000.

Section 2. That the City Manager is hereby authorized to execute the contract after it is has been approved as to form by the City Attorney.

Section 3. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from:

2006 Bond Funds Fund 8T49, Department EBS, Unit P489, Activity MMCFObject Code 3070, Program# 08DC123, CT#EBS09P489CT12Vendor #335615 in an amount not to exceed $52,000


Distribution: Equipment & Building Services (Design & Construction) 6BNOffice of Financial Services, 4FNCity Attorney




DEPARTMENT: Office of Financial Services

CMO: Dave Cook, 670-7804

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize the optional redemption of the Sports Arena Project Tax Exempt Special Tax Revenue Bonds, Series 1998A in an amount not to exceed $61,015,000 in principal plus call premium of $610,150 - Total not to exceed $61,625,150 - Financing: Sports Arena Project Surplus Debt Redemption Funds ($56,461,150) and Sports Arena Debt Service Reserve Funds ($5,164,000)

BACKGROUND

Pursuant to an election held in January 1998, the City issued $140,380,000 of Sports Arena Project Bonds. Of that amount, $104,810,000, or 75%, was issued as tax exempt bonds and $35,570,000, or 25%, was issued as taxable bonds. The sources of repayment on the bonds are the voter authorized 2% additional hotel occupancy tax and a 5% short term motor vehicle rental tax. All tax revenues are pledged for the repayment of the bonds; with excess revenues deposited to the Surplus Debt Redemption Fund on a monthly basis.

The tax exempt bond ordinance included a mandatory redemption of $9,500,000 of the bonds maturing on February 28, 2028 beginning on August 15, 2000 to the extent that excess tax revenues were available to call the bonds. The full amount was redeemed on this date.

The bonds maturing on August 15, 2009 have an optional redemption beginning on August 15, 2008 from the Surplus Debt Redemption Fund. Bonds may be redeemed on August 15, 2008 through August 14, 2009 at 101% of par plus accrued interest. Bonds may be redeemed on August 15, 2009 through August 14, 2010 at 100.5% of par plus accrued interest. Bonds may be redeemed after August 15, 2010 at 100% of par plus accrued interest.



There is currently $108,585,000 outstanding in total for both series of bonds. Based on analysis of existing balances in the Surplus Debt Redemption Fund and the available balances in the debt service reserve fund, $61,015,000 of the tax exempt bonds is recommended for redemption. The remaining balance in the Surplus Debt Redemption Fund plus the reserve fund balances will be an estimated $8,550,000 which is sufficient to fund 2 year’s debt service payments on the remaining bonds.

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS

This item was included on the January 12th Finance, Audit and Accountability Committee agenda.

FISCAL INFORMATION

Sports Arena Project Surplus Debt Redemption Funds - $56,461,150 Sports Arena Debt Service Reserve Funds - $5,164,000

COUNCIL CHAMBER

January 14, 2009

WHEREAS, on June 15, 1998 the City issued $104,810,000 in Sports Arena Project Tax Exempt Special Tax Revenue Bonds, Series 1998A and are currently outstanding in the aggregate principal amount of $78,720,000; and

WHEREAS, on June 15, 1998 the City issued $35,570,000 in Sports Arena Project Taxable Special Tax and Lease Revenue Bonds, Series 1998B and are currently outstanding in the aggregate principal amount of $29,865,000; and

WHEREAS, the $9,500,000 bonds maturing on February 28, 2028 subject to mandatory redemption beginning on August 15, 2000 were redeemed in full on that date; and

WHEREAS, the City has cash on hand in the City’s Surplus Debt Redemption Fund currently sufficient to redeem $61,015,000 of Sports Arena Project Tax Exempt Special Tax Revenue Bonds, Series 1998A (the “Bonds”);

NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS

Section 1. That the Tax Exempt Special Tax Revenue Bonds, Series 1998A bonds described in Schedule I are hereby called for redemption and shall be redeemed from lawfully available funds in the Surplus Debt Redemption Fund 0074 and the Tax Exempt Debt Service Reserve Fund 0163 at a redemption price equal to 101% of the principal amount in a total amount not to exceed $61,625,150.

Section 2. That the City Manager is hereby authorized to increase appropriations in an amount to exceed $785,000 in the Taxable Arena Interest Fund 0075.

Section 3. That the City Manager is hereby authorized to increase appropriations in an amount to exceed $2,400,000 in the Tax Exempt Arena Interest Fund 0165.

Section 4. That on February 15, 2009 the City shall deposit with US Bank, as paying agent/registrar (the “Paying Agent/Registrar”) for the Bonds, from lawfully available funds of the City an amount sufficient to pay the principal and the call premium.

Section 5. That following giving notice of redemption as hereinafter provided and the deposit of the redemption price with the Paying Agent/Registrar as required hereby, the Bonds shall no longer be outstanding for any purpose and shall cease to accrue interest, and the owners thereof shall be entitled to payment solely from the amounts deposited with the Paying Agent/Registrar for such purpose.

Section 6. That the City Manager is hereby authorized and directed to give notice of redemption of the bonds to the Paying Agent/Registrar, not later than January 15, 2009 and in accordance with the ordinance authorizing the issuance of the Bonds.

COUNCIL CHAMBER

January 14, 2009

Section 7. That the Paying Agent/Registrar is hereby authorized and directed to give notice of redemption to the owners of the Bonds as required by and in accordance with the ordinance authorizing the issuance of the Bonds.


SCHEDULE I

Special Tax Revenue Bonds, Series 1998A Recommended 1998A Bond Calls for February 15, 2009

Maturity

Call Amount

Coupon

CUSIP

Call Price

Call Premium

Redemption Requirement

8/15/09 $ 1,960,000 5.250% 235375AK8 101.0% $ 19,600 $ 1,979,600

8/15/10 2,065,000 5.250% 235375AL6 101.0% 20,650 2,085,650

8/15/11 2,175,000 5.250% 235375AM4 101.0% 21,750 2,196,750

8/15/12 2,290,000 5.250% 235375AN2 101.0% 22,900 2,312,900

8/15/13 2,405,000 5.250% 235375AP7 101.0% 24,050 2,429,050

8/15/15 5,205,000 5.375% 235375AQ5 101.0% 52,050 5,257,050

8/15/16 2,820,000 5.250% 235375AR3 101.0% 28,200 2,848,200

8/15/20 12,780,000 5.000% 235375AS1 101.0% 127,800 12,907,800

8/15/25 19,905,000 5.000% 235375AT9 101.0% 199,050 20,104,050

8/15/27 9,410,000 4.750% 235375AU6 101.0% 94,100 9,504,100

$61,015,000 $610,150 $61,625,150




DEPARTMENT: Park & Recreation

CMO: Paul D. Dyer, 670-4071

MAPSCO: 55-C________________________________________________________________

SUBJECT

Authorize a twenty-year operation and lease agreement, with two five-year renewal options, for design, construction, development, occupancy, operation, maintenance and programming for a wellness center at the Juanita J. Craft Recreation Center located at 4500 Spring Avenue from January 15, 2009 to January 31, 2039 with Southern Sector Health Initiative, a Texas nonprofit corporation, and Baylor Health Care System, a Texas nonprofit corporation - Annual Revenue: $10

BACKGROUND

This action includes the authorization of a lease agreement with Southern Sector Health Initiative (SSHI) and Baylor Health Care System (BHCS) for the Juanita J. Craft Recreation Center with requirements to develop, operate, program and maintain a health and wellness center. SSHI proposes to operate a health and wellness center at Juanita J. Craft Recreation Center which will focus on the prevention and treatment of diabetes, a disease which is prevalent in the immediate community around the Recreation Center. The City will continue to provide recreation programming at the facility, consistent with that offered at other recreation centers in the City of Dallas. Following are the major deal points of the Lease Agreement:

General:

The agreement will include the shared development, operation and maintenance of a facility that includes a health clinic, wellness programming and recreational programming.

The health and wellness component includes a clinic that will focus on the prevention and treatment of diabetes in the surrounding community. Elements of health and wellness programming at the facility will include: exam and waiting rooms; a pharmacy which will specialize in products for the on-going treatment of diabetes to serve the patients of the facility; and a kitchen which will support cooking classes.



General continued:

The recreation component will be managed by the City of Dallas and will include programs for youth, teens and adults consistent with that offered at other recreation centers in the City of Dallas.

Parties to the agreement are City of Dallas ("City"), Southern Sector Health Initiative ("SSHI"), and Baylor Health Care System ("BHCS").

The lease space is the 20,000 square foot Juanita J. Craft Recreation Center and an approximately 20 acre park.

Term of this agreement will be for 20-years with two 5-year renewal options exercisable by SSHI.

The capital improvements cost is approximately $7 million to refurbish the recreation center and create the clinic and pharmacy areas; City of Dallas capital cost is limited to $2 million.

City of Dallas will retain ownership of the premises and all improvements.

Clinic and pharmacy areas will be leased exclusively to SSHI; City to have exclusive use of the swimming pool; remainder of building (gym, conference rooms) and park to be shared by SSHI and City for recreational and wellness programs, as well as public use and community events.

Subject to the terms of the agreement, the name of the facility will be changed from Juanita J. Craft Recreation Center to the "Health and Wellness Institute at the Juanita J. Craft Center".

Assignment only to Baylor University Medical Center or any other BHCS affiliate with City consent; SSHI may sublease portions of building to other health care providers.

Termination by either party only after materials default and expiration of 90 day cure period; no termination for convenience.

A steering committee comprised of two representatives of SSHI and two representatives of the City will meet quarterly to discuss and resolve program plans, scheduling conflicts, operation and maintenance, operating hours, recreational fees charged, needed repairs, etc. The Director of Parks and Recreation, after consultation with the President of SSHI, shall finally resolve any matter in the event a consensus cannot be reached by the Steering Committee.



City of Dallas - Responsibilities:

$2 million of City of Dallas bond funding related to recreational components of the facility City funded construction will be publicly bid by City and assigned to SSHI for management.

Major structural repairs/replacements after construction is completed (e.g. roof, exterior walls, parking lot, HVAC) subject to appropriation.

City shall bear liability for acts/omissions involved in City-sponsored programs managed by the City.

Pro rata share of utilities based on recreation programming usage of Center.

All existing recreational programming (or equal or better programming) shall continue to be available to the citizens of Dallas and the public at the Center, with the minimum recreational programming offered:

Recreation programming will be available 6 days per week.

Allow an average of 12 hours per week for community open gym play.

Allow an average of 30 hours per week for community access to fitness center.

Offer an after school program between the hours of 3-6 p.m., Monday-Friday with a capacity to serve a minimum of 45 youth.

Offer special youth programs during school holidays.

Offer summer camps for at least 8 weeks with the capacity to serve a minimum of 50 youth.

Offer organized youth and adult sport tournaments quarterly.

Southern Sector Health Initiative - Responsibilities:

All capital improvement costs in excess of City contribution, approximately $5 million.

Manage the facility improvement construction.

SSHI will provide an on-site manager and employ other necessary personnel responsible for the daily operation of the health clinic and wellness programs.



Purchase all materials, tools, equipment, supplies, etc., needed to operate the health clinic and wellness programs.

Provide all manned security for the entire facility and monitoring of the fire alarm and security systems.

Provide all ongoing maintenance of the building and routine repairs for all clinic and pharmacy operations.

Reimburse City for pro rata share of utilities based on usage of the health clinic and wellness programming.

Pay rent to City of $10 per year.

Maintain insurance as specified in agreement.

Liability for acts/omissions involved in SSHI programs.

Allow City to audit financial records.

Provide all health services without regard to ability to pay.

Incremental costs of maintenance for any enhancement made to the park by SSHI.

Baylor Health Care System Responsibilities:

Initial $15 million commitment to the project.


The Park and Recreation Board authorized the lease agreement with development, operation, and maintenance responsibilities for the Health and Wellness Institute at the Juanita J. Craft Recreation Center on January 8, 2009.

FISCAL INFORMATION

$10 - Annual Revenue

MAP

Attached

Juan

ita J

. Cra

ft R

ecre

atio

n C

ente

rC

ounc

il D

istr

ict 7

4500

Spr

ing

Ave

nue

Map

sco

# 47

-N

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the City Charter provides for the Park and Recreation Board to grant contracts and agreements with park facilities with such terms and conditions as it shall deem proper; and

WHEREAS, the City Charter requires that the City Council shall approve any contract which exceeds one year in duration; and

WHEREAS, Southern Sector Health Initiative, a Texas non-profit corporation, acting by and through its sole member Baylor Health Care System a 501(c) (3) non-profit corporation, hereinafter called (SSHI) proposes to raise funds to develop, manage, and operate and maintain the Health and Wellness Institute at the Juanita J. Craft Recreation Center; and

WHEREAS, Baylor Health Care System (BHCS) has committed to providing $15,000,000 for the development, and renovation of the facility, plus operating, and maintenance costs for the health clinic and wellness programs and any other portion of development costs exceeding City's committed funds; and

WHEREAS, SSHI will be responsible for operating and maintaining the health clinic and wellness components of the facility; and

Now, Therefore,

BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTION 1. That a twenty-year operation and lease agreement, with two five-year renewal options, from January 15, 2009 to January 31, 2039, for design, construction, development, occupancy, operation, maintenance and programming, exercisable by SSHI; and

SECTION 2. That the City Manager, on behalf of the City of Dallas and the City of Dallas Park and Recreation Board, is authorized to negotiate and enter into a lease containing development, operational, programming and maintenance requirements with SSHI, a Texas not-for-profit corporation, upon such terms that they deem in the best interest of the City of Dallas, including without limitation the terms specified below, for the development, operation and maintenance of a health and wellness facility to benefit the City and citizens of Dallas.

SECTION 3. SSHI will focus on the prevention and treatment of diabetes, a disease which is prevalent in the immediate community around the recreation center.

COUNCIL CHAMBER

January 14, 2009

SECTION 4. SSHI is responsible for payment of all maintenance and operating expenses, including all utility costs, for the health clinic and wellness programs in the facility.

SECTION 5. BHCS's initial financial commitment is $15,000,000 for its shared development costs and any other portion of development costs exceeding City's committed funds, and for the operating and maintenance costs of the health clinic and wellness programs.

SECTION 6. The City will contribute $2,000,000 in funding from the 2006 Bond Program to contribute to the facility renovation.

SECTION 7. The City of Dallas will retain ownership of the premises and all improvements.

SECTION 8. That the City Controller be and is hereby authorized to deposit funds in the amount of $10 annually into Fund 0001, Department PKR, Unit 5105, Revenue Source 8483.


APPROVED AS TO FORMThomas P. Perkins, Jr., City Attorney

BY:___________________________Assistant City Attorney






MAPSCO: 42-Q________________________________________________________________

SUBJECT

Authorize a contract for athletic field improvements and sports lighting at Jaycee/Zaragoza Park located at 3114 Clymer Street - Geotechnical Environmental Systems, Inc., lowest responsible bidder of three - $701,700 - Financing: 2006 Bond Funds

BACKGROUND

On August 14, 2008, three bids were received for athletic field improvements and sports lighting at Jaycee/Zaragoza Park. This item authorizes award of the construction contract to Geotechnical Environmental Systems, Inc. for Base Bid and Alternate No. 1, with a total bid amount of $701,700.

Geotechnical Environmental Systems, Inc. has had no contractual activities with the City of Dallas for the past three years.


Began Design February 2008Completed Design June 2008Begin Construction March 2009Complete Construction August 2009


The Park and Recreation Board authorized the advertisement for bids on June 15, 2006.

The Park and Recreation Board authorized award of the contract on December 4, 2008.


FISCAL INFORMATION

2006 Bond Funds - $701,700

M/WBE INFORMATION

See attached.

ETHNIC COMPOSITION

Geotechnical Environmental Systems, Inc.

White Male 1 White Female 1Black Male 0 Black Female 0Hispanic Male 9 Hispanic Female 0Other Male 1 Other Female 0

BID INFORMATION

The following three bids with quotes were received and opened on August 14, 2008:


Bidders Base Bid Alter. No. 1** Total Bid

*Geotechnical Environmental $473,000 $228,700 $701,700Systems, Inc.2410 Squire Place, Dallas, TX

Riverway Contractors and $656,920 $195,800 $852,720Management, Inc.

Phoenix I Restoration and $660,000 $209,100 $869,100 Construction, Ltd.

**Alternate No. 1 - provides for sports lighting for the adult baseball field.

OWNERS

Geotechnical Environmental Systems, Inc.

Lee C. Groves, PresidentThomas Yu, Vice PresidentDorothy Groves, Secretary/Treasurer

MAP

Attached


PROJECT: Authorize a contract for athletic field improvements and sports lighting at Jaycee/Zaragoza Park located at 3114 Clymer Street - Geotechnical Environmental Systems, Inc., lowest responsible bidder of three - $701,700 - Financing: 2006 Bond Funds

Geotechnical Environmental Systems, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Construction

_______________________________________________________________


Amount Percent

Total local contracts $472,383.00 67.32%Total non-local contracts $229,317.00 32.68%

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

TOTAL CONTRACT $701,700.00 100.00%




Non-local Certification Amount Percent

Blue Star ElectricJ & M Trucking, Inc.

WFWB37780Y0609WFDB36231Y1208

$131,877.00$14,050.00

57.51%6.13%

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

Total Minority - Non-local $145,927.00 63.64%



African American $0.00 0.00% $0.00 0.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $145,927.00 20.80%

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

Total $0.00 0.00% $145,927.00 20.80%

Jayc

ee/Z

arag

oza

Park

3114

Cly

mer

Str

eet

Map

sco

# 42

-Q

Cou

ncil

Dis

tric

t 6

COUNCIL CHAMBER

January 14, 2009

WHEREAS, on August 14, 2008, three bids were received for athletic field improvements and sports lighting at Jaycee/Zaragoza Park located 3114 Clymer Street

Bidder Base Bid Alter. No. 1** Total Bid

Geotechnical Environmental Systems, Inc. $473,000 $228,700 $701,700Riverway Contractors and Management, Inc. $656,920 $195,800 $852,720Phoenix I Restoration and Construction, Ltd. $660,000 $209,100 $869,100

**Alternate No. 1 - provides for sports lighting for the adult baseball field.

Now, Therefore,


SECTION 1. That interim funding for this action will be provided by 2006 Bond Funds designated for Hattie Rankin Moore Pool infrastructure (6T00 - T160) in the amount of $185,000 in advance of the 2006 Bonds designated for Jaycee/Zaragoza Athletic Improvements, slated for sale in November 2009 (T178). This interim funding will be relieved upon the sale of bonds designated for Jaycee/Zaragoza Athletic Improvements in November 2009.

SECTION 2. That interim funding for this action will be provided by 2006 Bond Funds designated for Bachman Lake Trail, Phase 2 (8T00-T012) in the amount of $215,000 and Hattie Rankin Moore community pool infrastructure improvements (7T00/7160) in the amount of $185,000 in advance of 2006 Bonds designated for Jaycee/Zaragoza Athletic Improvements, slated for sale in November 2009 (T178). This interim funding will be relieved upon the sale of bonds designated for Jaycee/Zaragoza Athletic Improvements in November 2009.

SECTION 3. That the 2006 Bond Funds originally allocated as indicated below be reprogrammed for Jaycee/Zaragoza Athletic Field Improvements as approved by the Park and Recreation Board.

Current RevisedProject Allocation Allocation Fund Unit

Bachman Lake Trail, Phase 2 $441,065 $283,469 8T00 T012

North Arcadia School Trail $284,444 -0- 7T00 T239

COUNCIL CHAMBER

January 14, 2009

SECTION 4. That the City Manager is hereby authorized to enter into a contract with Geotechnical Environmental Systems, Inc. for athletic field improvements and sports lighting at Jaycee/Zaragoza Park located at 3114 Clymer Street, in an amount not to exceed $701,700.

SECTION 5. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with Geotechnical Environmental Systems, Inc., after approval as to form by the City Attorney's Office.

SECTION 6. That the City Controller be and is hereby authorized to pay the amount of $701,700 to Geotechnical Environmental Systems, Inc., as follows:

(2006) Park and Recreation Facilities Improvement Fund 7T00, Department PKR, Unit T178, Object 4599, Activity RFSI,Program PK06T178, CT-PKR09019022, Commodity 91200,Vendor VS0000038204 $469,444

(2006) Park and Recreation Facilities Improvement Fund 8T00,Department PKR, Unit T178, Object 4599, Activity RFSI,Program PK06T178, CT-PKR09019022, Commodity 91200,Vendor VS0000038204 $232,256

Total amount not to exceed $701,700







MAPSCO: 23-Q________________________________________________________________

SUBJECT

Authorize a contract for the construction of a new pavilion, security lighting, and site furnishings at Brownwood Park located at 3424 Walnut Hill Lane - A S Con, Inc., best value proposer of three - $207,100 - Financing: 2003 Bond Funds

BACKGROUND

This action will award a contract for the construction of a new pavilion, security lighting, and site furnishings at Brownwood Park to A S Con, Inc., best value proposer of three, in the amount of $207,100.

On September 18, 2008, three proposals were received and it was determined that A S Con, Inc., was the best value proposer. Proposals based on RFCSP are evaluated on pre-set criteria which includes cost, qualifications of the prime contractor, construction amount and schedule ratings, which are based on mathematical formulas, with the best price and best schedule being given the highest scores. Ratings "1" to "10" are given for each criteria with "10" being the best rating. These ratings are multiplied by the weighting to obtain the score for each criteria.

The following is a list of the rating criteria and values for each criteria:

Rating Criteria Value

Proposed Construction Contract Award 45%1.Qualifications/Experiences/References for Prime Firm 20%2.Subcontractor Experience 10%3.Good Faith Effort Plan 15%4.Financial Sufficiency 5%5.Schedule/Time of Completion 5%6.

100%


ESTIMATED SCHEDULED OF PROJECT

Began Design September 2005Completed Design August 2008 Begin Construction February 2009Complete Construction August 2009


The Park and Recreation Board authorized the advertisement for a Request for Competitive Sealed Proposals on August 21, 2008.

The Park and Recreation Board authorized award of the contract on December 4, 2008.

FISCAL INFORMATION

2003 Bond Funds - $207,100

M/WBE INFORMATION

See attached.

ETHNIC COMPOSITION

A S Con, Inc.


PROPOSAL INFORMATION

*Denotes successful proposerAlter. Nos.

Proposers Base Bid 1, 2, and 3** Total Bid Scores

*A S Con, Inc. $183,000 $24,100 $207,100 2428.952300 Leta Way, Mesquite, TX

Phoenix I Restoration and $302,000 $42,075 $344,075 2382.70 Construction, Ltd.

Gilbert May, Inc. dba $411,333 $37,800 $449,133 2118.05Phillips/May Corporation


PROPOSAL INFORMATION (Continued)

**Alternate No. 1 - provides for site furnishings.

**Alternate No. 2 - provides for a drinking fountain.

**Alternate No. 3 - provides for concrete mow strip in lieu of steel edging.

OWNER

A S Con, Inc.

Ali Safdarinia, President

MAP

Attached


PROJECT: Authorize a contract for the construction of a new pavilion, security lighting, and site furnishings at Brownwood Park located at 3424 Walnut Hill Lane - A S Con, Inc., best value proposer of three - $207,100 - Financing: 2003 Bond Funds

A S Con, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Construction

_______________________________________________________________


Amount Percent


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

TOTAL CONTRACT $207,100.00 100.00%




Berumen ConstructionPipe Connection

HMMB38107N0809HMMB37462Y0509

$39,800.00$800.00

31.31%0.63%

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



None



African American $0.00 0.00% $0.00 0.00%Hispanic American $40,600.00 31.94% $40,600.00 19.60%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

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

Total $40,600.00 31.94% $40,600.00 19.60%

Bro

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Park

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Dis

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3424

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COUNCIL CHAMBER

January 14, 2009

WHEREAS, on September 18, 2008, three proposals were received for the construction of a new pavilion, security lighting, and site furnishings at Brownwood Park, located at 3424 Walnut Hill Lane;

Alter. Nos. Proposers Base Bid 1, 2, and 3** Total Bid Scores

*A S Con, Inc. $183,000 $24,100 $207,100 2428.952300 Leta Way, Mesquite, TX

Phoenix I Restoration and $302,000 $42,075 $344,075 2382.70 Construction, Ltd.

Gilbert May, Inc. dba $411,333 $37,800 $449,133 2118.05Phillips/May Corporation

**Alternate No. 1 - provides for built-in concrete tables and benches.

**Alternate No. 2 - provides for a drinking fountain.

**Alternate No. 3 - provides for concrete mow strip in lieu of steel edging.

WHEREAS, it has been determined that acceptance of the final and best offer from A S Con, Inc., in the amount of $207,100 is the best value for the City of Dallas.

Now, Therefore,


SECTION 1. That the City Manager is hereby authorized to enter into a contract with A S Con, Inc. for the construction of a new pavilion, security lighting, and site furnishings at Brownwood Park located at 3424 Walnut Hill Lane, best value for the City of Dallas.

SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with A S Con, Inc., after approval as to form by the City Attorney's Office.

COUNCIL CHAMBER

January 14, 2009

SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $207,100 to A S Con, Inc., as follows:

(2003) Neighborhood Park and Recreation Facilities Fund3R05, Department PKR, Unit K128, Object 4599, Activity COPK,Program PK03K128, CT-PKR09019024, Commodity 91200,Vendor 261853 $33,595.17




Total amount not to exceed $207,100.00


AGENDA ITEM # 25KEY FOCUS AREA: Public Safety Improvements and Crime Reduction



DEPARTMENT: Police

CMO: Ryan S. Evans, 670-3314

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize a Memorandum of Understanding with the Dallas Independent School District to set out the policies and procedures for providing School Crossing Guard Services for the 2008-09 school year - Revenue: $23,145

BACKGROUND

In response to a request from the Dallas Independent School District (DISD), the City of Dallas has entered into a Memorandum of Understanding (MOU) for the 2008-2009 school year. The purpose of the MOU is to set out a common understanding of the policies and procedures that the Dallas Police Department and the DISD Police Department will follow in providing School Crossing Guard Services to the citizens of Dallas, Dallas County and/or the State of Texas.

The Dallas Police Department, Traffic Section, School Crossing Unit agrees to provide 35 school crossing guards and 2 crossing guard supervisors for School Crossing Guard Services on Mondays, Tuesdays and Wednesdays from 4:30 p.m. to 5:30 p.m. for all DISD Elementary Learning Centers. This schedule exceeds the normal business hours of the School Crossing Unit; therefore, DISD will reimburse the City for the additional School Crossing Guard Services. The MOU shall continue through the duration of the 2008-2009 school year. This MOU is not intended, and shall not be construed, to create liabilities upon the parties in subsequent fiscal years.


Authorized a Memorandum of Understanding with the Dallas Independent School District for 2007-08 School Crossing Guard Services on June 25, 2008, by Resolution No. 08-1814.

On December 1, 2008, the Public Safety Committee was briefed.


FISCAL INFORMATION

Revenue - $23,145

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the City of Dallas and the Dallas Independent School District desire to enter into a Memorandum of Understanding for the purpose of setting policies and procedures that the Dallas Police Department, and the Dallas ISD Police Department will follow in providing School Crossing Guard Services to the citizens of Dallas, Dallas County and/or the State of Texas; and

WHEREAS, that this Memorandum of Understanding is a formal agreement to clarify jurisdiction, define parameters and areas of responsibilities, and to establish a spirit of cooperation to enhance the School Crossing Guard Services that both agencies provide to the citizens residing within the corporate limits of the City of Dallas; and

WHEREAS, that the terms and conditions of this Memorandum of Understanding are in accordance with the provisions of the Texas Education Code, Section 37.081;

Now, Therefore,


Section 1. That the City Manager be and is hereby authorized to execute a Memorandum of Understanding with the Dallas Independent School District, for the purpose of setting policies and procedures that the Dallas Police Department, and the Dallas ISD Police Department will follow in providing School Crossing Guard Services for the duration of the 2008-2009 school year.

Section 2. That the City Controller be hereby authorized to receive and deposit funds from this agreement in Fund 0001, Dept. DPD, Unit 2127, Revenue Source Code 6526.





DEPARTMENT: Public Works & Transportation

CMO: Ramon F. Miguez, P.E., 670-3308

MAPSCO: 44C________________________________________________________________

SUBJECT

Authorize the City Manager to provide a notice of establishment for a Quiet Zone along the Trinity Railway Express at the Market Center crossing as required by the Federal Railroad Administration Final Train Horn rule 49 CFR Part 222 and 229 - Financing: No cost consideration to the City

BACKGROUND

Routine sounding of locomotive train horns as they approach street grade crossings throughout the day and night negatively impacts the quality of life for those persons residing near the rail line and also for those persons in the larger general area.

In response to a growing concern from communities, the Federal Railroad Administration (FRA) issued its Train Horn Rule that permits a public authority to establish a Quiet Zone. The Rule provides a detailed process that includes the issuance of a notice of intent by the public authority, a multi-agency diagnostic site meeting, installation of any supplemental safety measures deemed necessary, followed by a notice of Quiet Zone establishment by the City to affected agencies including the FRA, railroad operators, State agencies and the owners of the tract corridor. As a result of the multi-agency diagnostic site meeting, it was determined that the no additional safety measures were required for this particular crossing.

While the routine use of train horns approaching a quiet zone grade crossing will no longer be required, the train operator will continue to utilize the horn as a warning to track workers, trespassers and animals on the tracks or in other potentially dangerous situations anywhere within the corridor.

The actions proposed by this item will only authorize the filing of a notice of establishment of a Quiet Zone at the Market Center crossing to the FRA, TxDOT agencies and the railroad operators and owners in compliance with the Federal Railroad Administration (FRA) Final Train Horn Rule. There is an additional 21 day period after this notice for the actual establishment of the Quiet Zone at the crossing.



Began Project October 2008Complete Project January 2009


Briefed to the Council Transportation and Environment Committee on February 26, 2007.

Authorized Notice of Intent on September 24, 2008, by Resolution No. 08-2564.

FISCAL INFORMATION

No cost consideration to the City.

MAP

Attached.

rMapsco 44 C1~

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the routine sounding of the locomotive train horn approaching a street grade crossing has a negative effect on the quality of life for those persons living along the rail line and also for those persons in the larger general area; and,

WHEREAS, the Federal Railroad Administration (FRA) has issued its Train Horn Rule that requires trains to sound their horn within a quarter-mile of a crossing unless a Quiet Zone has been established by a public authority; and,

WHEREAS, the establishment of a Quiet Zone is a detailed process that includes providing a notice of intent by the public authority, the implementation of appropriate supplemental and/or alternative safety measures at the crossing deemed necessary by a multi-agency diagnostic team, followed by the City issuing the required notice of establishment of the Quite Zone; and,

WHEREAS, the determination of the required multi-agency diagnostic site meeting was that no additional safety measures were required for this particular crossing; and,

WHEREAS, the City of Dallas desires to proceed with the implementation of the Quiet Zone for this crossing by filing the required notice of establishment.

Now, Therefore,


Section 1. That the City Manager is hereby authorized to provide the required notice of establishment for a Quiet Zone as provided for in the FRA’s Final Train Horn Rule.


Distribution: Public Works and Transportation, Jean Mitchell, OCMC, Room 101Public Works and Transportation, Dawna Brown, L1BSCity Attorney




DEPARTMENT: Trinity River Corridor Project

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

MAPSCO: 68 L M & R________________________________________________________________

SUBJECT

Authorize a professional services contract with Nathan D. Maier Consulting Engineers, Inc., for the development of design and construction documents for the IH 20 Gateway Park in the Great Trinity Forest – $190,818 – Financing: 1998 Bond Funds

BACKGROUND

Development of the Trinity River Corridor has been identified as a top priority of the City of Dallas. After several community meetings this past summer, the consultant is finishing up the master plan for the project. Phase one items were identified in this planning process and the city is now ready to move forward with the design for the phase one items. Phase one items include constructing two pavilions, four picnic stations, pedestrian loop trail, fishing pier, canoe access and several parking areas.

The scope of work includes: development of design and construction documents for the IH 20 Gateway Park in the Great Trinity Forest


Begin Design January 2009Complete Design January 2010Begin Construction April 2010Complete Construction April 2011


Authorized a contract with Nathan D. Maier Consulting Engineers, Inc. to develop the master plan and cost analysis for the IH 20 Gateway Park, Phase I project on January 14, 2008, by Administrative Action No. 08-0213.


FISCAL INFORMATION

1998 Bond Funds - $190,818

Original Administrative Action $ 24,500.00Contract Amount (this action) $190,818.00Total Project Cost $215,318.00

M/WBE INFORMATION

See attached

ETHNIC COMPOSITION

Nathan D. Maier Consulting Engineers, Inc.

Hispanic Female 2 Hispanic Male 5African-American Female 1 African-American Male 0White Female 10 White Male 24Other Female 0 Other Male 2

OWNER(S)

Nathan D. Maier Consulting Engineers, Inc.

Jean Maier Dean, President and TreasurerWilliam L. Wallace, Executive Vice PresidentMichael H. Boyd, Executive Vice PresidentAnseimo Montemayor, Vice PresidentBrian J. LaFoy, Vice PresidentCharles M. Daniel, Secretary

MAPS

Attached


PROJECT: Authorize a professional services contract with Nathan D. Maier Consulting Engineers, Inc., for the development of design and construction documents for the IH 20 Gateway Park in the Great Trinity Forest – $190,818 – Financing: 1998 Bond Funds

Nathan D. Maier Consulting Engineers, Inc. is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Professional Services

_______________________________________________________________


Amount Percent


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

TOTAL CONTRACT $190,817.60 100.00%




BDS Technologies, Inc.Gojer-McCreary, Inc.Nathan D. MaierIntegrated Environmental SolutionsThompson Landscape Architects

BMDB38240Y0809HMDB38882Y0909WFWB37577Y0509WFDB38546Y0909WFWB38597N0909

$15,936.50$21,800.00

$122,502.00$16,579.50$14,000.00

8.35%11.42%64.20%

8.69%7.34%

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



None



African American $15,936.50 8.35% $15,936.50 8.35%Hispanic American $21,800.00 11.42% $21,800.00 11.42%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $153,081.50 80.22% $153,081.50 80.22%

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

Total $190,818.00 100.00% $190,818.00 100.00%

[IH 20 Gateway Park]

7Y

7C 67D

/._- --....~

- ;~, SSE

[Mapsco 68 L, M & R]

79B

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the 1998 Bond Program authorized funding to construct, trails, canoe launches and improve trailheads in the Great Trinity Forest; and

WHEREAS, on January 14, 2008, Administrative Action No. 08-0213, authorized a contract with Nathan D. Maier Consulting Engineers, Inc. for the development of a master plan and cost analysis for the IH 20 Gateway Park, Phase I project; and

WHEREAS, it is now desirable to enter into a contract with Nathan D. Maier Consulting Engineers, Inc. for the development of design and construction documents for the IH 20 Gateway in the Great Trinity Forest.

Now, Therefore,


Section 1. That the City Manager or his designee is hereby authorized to enter into a contract with Nathan D. Maier Consulting Engineers, Inc., for the development of design and construction documents for the IH 20 Gateway Park, Phase I in the Great Trinity Forest in an amount not to exceed $190,818, after it has been approved as to form by the City Attorney.

Section 2. That the City Controller be authorized to disburse funds in accordance with the terms and conditions of the contract from:

Trinity River Corridor Project FundFund 5P14, Agency PBW, Unit N966, Act. TRPP,Object 4112, Program Number PB98N966, CT PBW98N966D1,Vendor #192659, in an amount not to exceed $190,818


Distribution: Trinity River Corridor Project, Mary Ayala, 6BSTrinity River Corridor Project, Natalie Wilson, 6BSRosemary Prichard, OCMCCity AttorneyCity Controllers Office






MAPSCO: 56 L M Q & R; 57 S T W X Y & Z________________________________________________________________

SUBJECT

Authorize Supplemental Agreement No. 2 to the contract with Hellmuth, Obata & Kassabaum, LP, for the development of design and construction documents for the Trinity Forest Trail, Phase III from the Trinity River Audubon Center to the Texas Horse Park; from Joppa Preserve along the west side of the Trinity River northward to near Highway 310 where it will cross over the Trinity River back to Rochester Park Trailhead; and from the Joppa Trailhead eastward where it will cross the Trinity River to the Texas Horse Park - Not to exceed $1,142,288, from $1,014,433 to $2,156,721 – Financing: 1998 Bond Funds

BACKGROUND

The City of Dallas is coordinating with the U. S. Army Corps of Engineers on identifying projects that the Corps can construct with funding from the economic stimulus package. These projects have to be ready to award for construction in Late 2009. The City would like to take advantage of this opportunity and design over 7 miles of trail for the Corps to construct, which will add to our multi-use regional trail system. The trail will connect two residential communities to the Trinity River Audubon Center and the proposed Texas Horse Park.

The scope of work includes: development of design and construction documents for the Trinity Forest Trail, Phase III from the Trinity River Audubon Center to the Texas Horse Park; from Joppa Preserve along the west side of the Trinity northward to near Highway 310 where it will cross over the Trinity back to Rochester Park Trailhead.


Begin Design February 2009Complete Design October 2009Begin Construction December 2009Complete Construction December 2010



Authorized a contract with Hellmuth, Obata & Kassabaum, LP, for the consolidation of the approved Trinity Forest Trails Studies/Master Plans for the Trinity Forest Trails and the development of design and construction documents for the Trinity Forest Trail Phase 1 through the Great Trinity Forest on May 10, 2006, by Resolution No. 06-1365.

Authorized Supplemental Agreement No. 1 with Hellmuth, Obata & Kassabaum, LP, for the development and design of construction documents for the Trinity Forest Trail Phase 2, from Joppa Preserve Park to the Trinity River Audubon Center; the development of a site master plan for the Joppa Gateway/South Central Park; and the development of design and construction documents for the Rochester Park Trailhead on September 24, 2008, by Resolution No. 08-2614.

FISCAL INFORMATION

1998 Bond Funds - $1,142,288

Original Contract $ 606,273.00Supplemental Agreement No. 1 $ 408,160.00Supplemental Agreement No. 2 (this action) $1,142,288.00Total Project Cost $2,156,721.00

M/WBE INFORMATION

See attached

ETHNIC COMPOSITION

Hellmuth, Obata & Kassabaum, LP

Hispanic Female 0 Hispanic Male 7African-American Female 1 African-American Male 1White Female 23 White Male 25Other Female 6 Other Male 4

OWNER(S)

Hellmuth, Obata & Kassabaum, LP

Mark L. Bowers, Group Vice PresidentWilliam Prindle, Senior Vice President


MAPS

Attached


PROJECT: Authorize Supplemental Agreement No. 2 to the contract with Hellmuth, Obata & Kassabaum, LP, for the development of design and construction documents for the Trinity Forest Trail, Phase III from the Trinity River Audubon Center to the Texas Horse Park; from Joppa Preserve along the west side of the Trinity River northward to near Highway 310 where it will cross over the Trinity River back to Rochester Park Trailhead; and from the Joppa Trailhead eastward where it will cross the Trinity River to the Texas Horse Park - Not to exceed $1,142,288, from $1,014,433 to $2,156,721 – Financing: 1998 Bond Funds

Hellmuth, Obata & Kassabaum, LP, is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Professional Services

_______________________________________________________________

LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY

Amount Percent

Local contracts $1,142,288.00 100.00%Non-local contracts $0.00 0.00%

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

TOTAL THIS ACTION $1,142,288.00 100.00%

LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION



BDS TechnologiesPacheco Koch Consulting

BMDB38240Y0809HMDB38793Y0909

$155,753.00$111,000.00

13.64%9.72%

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



None

TOTAL M/WBE PARTICIPATIONThis Action Participation to Date

Amount Percent Amount Percent

African American $155,753.00 13.64% $204,753.00 9.49%Hispanic American $111,000.00 9.72% $389,240.00 18.05%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

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

Total $266,753.00 23.35% $593,993.00 27.54%

(Trinity Trails Ph 3)

(Mapsco Various)

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the 1998 Bond Program authorized funding to construct, trails, canoe launches and improve trailheads in the Great Trinity Forest; and

WHEREAS, on May 10, 2006, Resolution No. 06-1365, authorized a contract with Hellmuth, Obata & Kassabaum, LP, for the consolidation of Trinity Forest Trails Studies/Master Plans and the development of design and construction documents for the Trinity Forest Trail, Phase I through the Great Trinity Forest; and

WHEREAS, on September 24, 2008, Resolution No. 08-2614, authorized Supplemental Agreement No. 1 to the contract with Hellmuth, Obata & Kassabaum, LP, for the development of design and construction documents for the Trinity Forest Trail, Phase II from Joppa Preserve Park to the Trinity River Audubon Center; the development of a site master plan for the Joppa Gateway/South Central Park; and the development of design and construction documents for Rochester Park Trailhead; and

WHEREAS, it is now desirable to enter into Supplemental Agreement No. 2 to the contract with Hellmuth, Obata & Kassabaum, LP, for the development of design and construction documents for the Trinity Forest Trail, Phase III from the Trinity River Audubon Center to the Texas Horse Park; from Joppa Preserve along the west side of the Trinity River northward to near Highway 310 where it will cross over the Trinity River back to Rochester Park Trailhead; and from the Joppa Trailhead eastward where it will cross the Trinity River to the Texas Horse Park.

Now, Therefore,


Section 1. That the City Manager or his designee is hereby authorized to enter into Supplemental Agreement No. 2 to the contract with Hellmuth, Obata & Kassabaum, LP, for the development of design and construction documents for the Trinity Forest Trail, Phase III from the Trinity River Audubon Center to the Texas Horse Park; from Joppa Preserve along the west side of the Trinity River northward to near Highway 310 where it will cross over the Trinity River back to Rochester Park Trailhead; and from the Joppa Trailhead eastward where it will cross the Trinity River to the Texas Horse Park in an amount not to exceed $1,142,288, increasing the contract from $1,014,433 to $2,156,721, after it has been approved as to form by the City Attorney.

Section 2. That the City Controller be authorized to disburse funds in accordance with the terms and conditions of the contract from:

Trinity River Corridor Project FundFund 5P14, Agency PBW, Unit N966, Act. TRPP,Object 4112, Program Number PB98N966, CT PBW98N966H2Vendor #VS0000007967, in an amount not to exceed $1,142,288

COUNCIL CHAMBER

January 14, 2009


Distribution: Trinity River Corridor Project, Mary Ayala, 6BSTrinity River Corridor Project, Natalie Wilson, 6BSCity AttorneyCity Controllers Office






MAPSCO: 44 R________________________________________________________________

SUBJECT

Authorize Supplemental Agreement No. 3 to the professional services contract with Bridgefarmer and Associates, Inc. for additional engineering design and surveying services for storm drainage and landscaping upgrades for the Beckley Avenue and Commerce Street intersection improvements - Not to exceed $49,718, from $275,123 to $324,841 - Financing: 2003 Bond Funds

BACKGROUND

The original professional services contract with Bridgefarmer and Associates, Inc. was approved by Council on December 14, 2005, by Resolution No. 05-3470 for conceptual planning, topographic survey, and construction documents for the Beckley Avenue and Commerce Street intersection improvements in an amount not to exceed $191,900.

Supplemental Agreement No. 1 authorized additional detailed engineering design and construction documents for Beckley Avenue and Commerce Street intersection improvements in an amount not to exceed $11,800, making a revised contract amount of $203,700.

Supplemental Agreement No. 2 authorized additional detailed engineering design and construction documents specifically for water & wastewater infrastructure upgrades for Beckley Avenue and Commerce Street intersection improvements, in an amount not to exceed $71,423, making a revised contract amount of $275,123.

This action will authorize Supplemental Agreement No. 3 to provide additional detailed engineering design and construction documents specifically for storm drainage infrastructure & landscaping upgrades for Beckley Avenue and Commerce Street intersection improvements, in an amount not to exceed $49,718, making a revised contract amount of $324,841.



Begin Design December 2008Complete Design January 2009Begin Construction March 2009Complete Construction July 2010


Authorized a professional services contract on December 14, 2005, by Resolution No. 05-3470.

Authorized Supplemental Agreement No. 1 on December 7, 2006, by Resolution No. 06-3514.

Authorized Supplemental Agreement No. 2 on May 14, 2008, by Resolution No. 08-1424.

FISCAL INFORMATION

2003 Bond Funds - $49,718

Design $191,900.00Supplemental Agreement No. 1 $ 11,800.00Supplemental Agreement No. 2 $ 71,423.00Supplemental Agreement No. 3 (this action) $ 49,718.00

Total $324,841.00

M/WBE INFORMATION

See attached.

ETHNIC COMPOSITION

Bridgefarmer and Associates, Inc.



OWNER

Bridgefarmer and Associates, Inc.

Sterling Forsythe, P.E., President

MAP

Attached


PROJECT: Authorize Supplemental Agreement No. 3 to the professional services contract with Bridgefarmer and Associates, Inc. for additional engineering design and surveying services for storm drainage and landscaping upgrades for the Beckley Avenue and Commerce Street intersection improvements - Not to exceed $49,718, from $275,123 to $324,841 - Financing: 2003 Bond Funds

Bridgefarmer and Associates, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Professional Services

_______________________________________________________________


Amount Percent

Local contracts $44,899.57 90.31%Non-local contracts $4,818.43 9.69%

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

TOTAL THIS ACTION $49,718.00 100.00%




Nathan D. Maier Consulting Engineers, Inc.Caye Cook & Associates

WFWB37577Y0509WFWB37076Y0409

$16,745.00$5,000.00

37.29%11.14%

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



Non-local Certification Amount Percent

Gorrondona & Associates, Inc. HMDB36844Y0209 $4,818.43 100.00%--------------------------- ---------------------------

Total Minority - Non-local $4,818.43 100.00%



African American $0.00 0.00% $0.00 0.00%Hispanic American $4,818.43 9.69% $19,218.43 5.92%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $21,745.00 43.74% $85,615.00 26.36%

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

Total $26,563.43 53.43% $104,833.43 32.27%

[Intersection Improvement]

[Mapsco 44 R)

COUNCIL CHAMBER

January 14, 2009

WHEREAS, on December 14, 2005, Resolution No. 05-3470 authorized a professional services contract for engineering services for design of the Beckley Avenue and Commerce Street intersection improvements not to exceed $191,900; and,

WHEREAS, on December 7, 2006, Administrative Action No. 06-3514 authorized Supplemental Agreement No. 1 for additional detailed engineering design and construction documents for Beckley Avenue and Commerce Street intersection improvements, in an amount not to exceed $11,800, making a revised contract amount of $203,700; and,

WHEREAS, on May 14, 2008, Resolution No. 08-1424 authorized Supplemental Agreement No. 2 for additional engineering design and surveying services for Beckley Avenue and Commerce Street intersection improvements, in an amount not to exceed $71,423, making a revised contract amount of $275,123; and,

WHEREAS, it is now necessary to authorize Supplemental Agreement No. 3 to the engineering contract with Bridgefarmer and Associates, Inc. for additional engineering design and surveying services for storm drainage and landscaping upgrades for the Beckley Avenue and Commerce Street intersection improvements, in an amount not to exceed $49,718, from $275,123 to $324,841.

Now, Therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS

Section 1. That the City Manager is hereby authorized to execute Supplemental Agreement No. 3 to the professional services contract with Bridgefarmer and Associates, Inc. for additional engineering design and surveying services for storm drainage and landscaping upgrades for the Beckley Avenue and Commerce Street intersection improvements, in an amount not to exceed $49,718, from $275,123 to $324,841.

Section 2. That the City Manager is hereby authorized to execute the contract after it has been approved as to form by the City Attorney.

Section 3. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the agreement from:

Street and Transportation Improvements FundFund 3R22, Department PBW, Unit R024, Act. TRPPObject 4111, Program PB03R024, CT PBW98N972A1Vendor #148766, in an amount not to exceed $49,718.00

COUNCIL CHAMBER

January 14, 2009

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 accordance so resolved.

Distribution: Trinity River Corridor Project, Natalie Wilson, 6BSPublic Works and Transportation, Rosemary Prichard, OCMC, Room 101City AttorneyCity Controller's Office, Sherrian Parham, City Hall, 4BN



COUNCIL DISTRICT(S): 8, Outside City Limits

DEPARTMENT: Water Utilities


MAPSCO: 69A X Outside City Limits________________________________________________________________

SUBJECT

Authorize a professional services contract with CH2M HILL, Inc. to provide engineering services for the preliminary study and evaluation for the Lake Ray Hubbard Indirect Recycled Water Phase I Flows Transfer Project to be reimbursed from financing received from the Texas Water Development Board low interest loan program upon approval and receipt - $2,172,279 - Financing: Water Utilities Capital Construction Funds

BACKGROUND

The 2005 Update to the City of Dallas Long Range Water Supply Plan recommended implementation of eleven water supply strategies to meet future water demands. One of the recommendations was the construction of a recycled water line from the Southside Wastewater Treatment Plant to Lake Ray Hubbard to augment the City of Dallas’ raw water supply. The projected cost of the pump station and the pipeline to Lake Ray Hubbard is $200 million.

Following that recommendation, the Water Utilities Department (DWU) and the North Texas Municipal Water District (NTMWD) collaborated and identified an opportunity to trade recycled water flows, which would benefit each entity’s water supply augmentation projects. DWU will provide recycled water to the NTMWD wetlands project in exchange for NTMWD flows into Lake Ray Hubbard. Since the distance to the NTMWD wetlands project is shorter than Lake Ray Hubbard, the City will save money in pipeline and pump station costs. The estimated construction cost of this alternative is $67 million, significantly less expensive than the original Lake Ray Hubbard augmentation recommendation.

This item consists of providing engineering services to perform a preliminary design study to evaluate alternatives to determine the most appropriate and cost-effective solution to transporting high-quality reclaimed water from our existing wastewater treatment plants to the NTMWD's constructed wetlands project.



This evaluation and study is Phase I of a two-phase project. Phase II of this project, which will be awarded by Council in the future, will be for the design and construction services in association with the recommended alternative identified.

The project is part of a joint effort with NTMWD to provide benefit to both entities through development of water supply augmentation projects. The transport of existing flows to the NTMWD project will offset flows that currently flow into Lake Ray Hubbard. DWU will benefit through providing the flows to the NTMWD project in exchange for the flows that currently flow into Lake Ray Hubbard where Dallas will have additional water supply available without having to pump the flows from our existing wastewater treatment plants, saving many miles of pipeline.

For this project, DWU has submitted an application to the Texas Water Development Board (TWDB) for low-interest loans under the Water Infrastructure Fund (WIF) program that has been authorized by the Texas State Legislature. Council approved DWU to submit the application at the December 12, 2007 Council meeting, under Resolution No. 07-3795.

The application is competitively based on review by the TWDB. During the March 25, 2008 Board meeting, DWU received a favorable review and is eligible for the TWDB WIF low-interest loans, which offer a 200-basis point reduction from market rate for bond sales. In addition, the debt is issued by the State and is a contractual obligation to the City, and as such it is not included in outstanding revenue bond debt for determination of revenue requirements to meet bond coverage of 1.5 percent. The application has been recommended for funding, with funding being officially approved in March 2008. The Water Utilities Capital Construction funds used in the initial award of this project will be reimbursed with the low interest TWDB funding, upon availability.


Began Design November 2008Complete Design May 2009


Authorized the application for and acceptance of a loan from the Texas Water Development Board in an amount of $23,400,000.00 for financial assistance in the design and construction of water conservation and development projects for implementation of Dallas' recommended strategies in the State Water Plan on December 12, 2007, by Resolution No. 07-3795.


FISCAL INFORMATION

$2,172,279.00 - Water Utilities Capital Construction Funds

CouncilDistrict Amount

8 $ 217,000.00Outside City Limits $1,955,279.00

Total $2,172,279.00

M/WBE INFORMATION

See attached.

ETHNIC COMPOSITION

CH2M HILL, Inc.

Hispanic Female 2 Hispanic Male 10Black Female 5 Black Male 6Other Female 6 Other Male 10White Female 29 White Male 85

OWNER

CH2M HILL, Inc.

James J. Parrish, Vice President

MAP

Attached


PROJECT: Authorize a professional services contract with CH2M HILL, Inc. to provide engineering services for the preliminary study and evaluation for the Lake Ray Hubbard Indirect Recycled Water Phase I Flows Transfer Project to be reimbursed from financing received from the Texas Water Development Board low interest loan program upon approval and receipt - $2,172,279 - Financing: Water Utilities Capital Construction Funds

CH2M HILL, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Architecture & Engineering

_______________________________________________________________


Amount Percent

Total local contracts $2,172,279.00 100.00%Total non-local contracts $0.00 0.00%

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

TOTAL CONTRACT $2,172,279.00 100.00%




APM & Associates, Inc.Con-Real Support Group, LPJaster-Quintanilla Dallas, LLPTexas Municipal Engineering, LLCLina T. Ramey and Associates, Inc.Gupta & Associates, Inc.

BMDB36627Y0209BMMB38186Y0809HMMB35924N1208HMMB35463Y1008IFDB37606Y0509PMMB37551Y0509

$173,680.00$40,610.00

$258,567.00$33,490.00$29,826.00

$119,164.00

8.00%1.87%

11.90%1.54%1.37%5.49%

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



None



African American $214,290.00 9.86% $214,290.00 9.86%Hispanic American $292,057.00 13.44% $292,057.00 13.44%Asian American $148,990.00 6.86% $148,990.00 6.86%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

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

Total $655,337.00 30.17% $655,337.00 30.17%

Dallas WaterUtilitiesContract No. 08-237E

Lake Ray Hubbard Indirect Recycled WaterPhase I Flows Transfer Project

Study and Evaluation

D1758 1

Project Location

Study Area

Area of Origin

Destination

NTMWDWetlands

KAUF

MAN

CO.

DALL

AS C

O.

Us Hwy 175

S Belt Line

Rd

E Belt Line Rd

S Seagoville Rd

W Simonds R

d

S Kaufman Rd

I 20

SouthsideWWTP

Council District8

Trinity River

7

4 58

31

62 14

12

1113 10

91

1: Mapsco: 69A XCouncil District: 8, Outside City Limits

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the Water Utilities Department desires to augment its potable water supply through utilization of high-quality reclaimed water; and,

WHEREAS, the Water Utilities Department will benefit from the addition of water supplies into Lake Ray Hubbard in exchange for providing water to the North Texas Municipal Water District constructed wetlands project; and,

WHEREAS, engineering services are required to evaluate alternatives for pipeline alignments and pump station locations in order to transport flows from the Trinity River or the Southside Wastewater Treatment Plant to the North Texas Municipal Water District constructed wetlands project; and,

WHEREAS, CH2M HILL, Inc., 12377 Merit Drive, Suite 1000, Dallas, Texas 75251, has submitted an acceptable proposal to provide these engineering services; Now, Therefore,


Section 1. That the proposal submitted by CH2M HILL, Inc., in the amount of $2,172,279.00 be approved and the consultant be authorized to perform the required engineering services.

Section 2. That the City Manager be and is hereby authorized to enter into a contract with CH2M HILL, Inc., for the performance of said work, after having approval of the contract documents by the City Attorney.

Section 3. That the City Controller be and is hereby authorized to pay the amount of $2,172,279.00 from the Water Construction Fund as follows:

FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR0102 DWU CW10 WTRS 4111 708237 WX58 CTDWU708237EN 505225

CH2M HILL, Inc. - (Contract No. 08-237E) - $2,172,279.00


DISTRIBUTION: Water-Administration, 4AN, Cheryl GlennWater-Contracts, 2121 Main Street, Suite 400, Karen HarbinWater-Accounting, 5AN, Esther DardenOffice of Financial Services, 4FN, Jeanne ChipperfieldOffice of Financial Services, 4BN, Sherrian Parham






MAPSCO: 34 U Y________________________________________________________________

SUBJECT

Authorize an Advanced Funding Agreement with the State of Texas, acting through the Texas Department of Transportation, for water and wastewater main relocations and adjustments in Motor Street from Harry Hines Boulevard to Maple Avenue - $925,969 - Financing: Water Utilities Capital Construction Funds

BACKGROUND

This project consists of the construction of approximately 200 feet of 6-inch water mains, 20 feet of 8-inch water mains, 2,535 feet of 16-inch water mains, 20 feet of 8-inch wastewater mains, 640 feet of 12-inch wastewater mains, and routine water and wastewater appurtenance adjustments in conjunction with paving and drainage improvements by the Texas Department of Transportation (TxDOT) in Motor Street from Harry Hines Boulevard to Maple Avenue. TxDOT has designed the paving and storm drainage facilities and the Dallas Water Utilities Department (DWU) has designed the water and wastewater utility relocations. TxDOT will administer the project construction and has agreed to incorporate DWU’s water and wastewater main relocations and adjustments as part of their contract.

Under the Advanced Funding Agreement with the State of Texas, acting through TxDOT, DWU will provide funding, construction inspection services, and necessary approval of any design changes for the water and wastewater main relocations and adjustments. TxDOT is scheduled to advertise the construction project in March 2009.


Begin Construction May 2009Complete Construction May 2010




FISCAL INFORMATION

$925,968.47 - Water Utilities Capital Construction Funds

MAP

Attached

\ ",

Council District2

16"W(In Street)

)

1: Mapsco: 34U, YCouncil District: 2

.. ....... 12 Projec tLocation

N

I

~. ' 1~ ~- .3 4 : 0 0"5.

8

Dallas WaterUtilities

Contract Nos. 05-361 F and 05-362FTxDOT and Dallas Water Utilities Agreement

Water and Wastewater Main Relocations and Adjustmentsin Motor Street from Harry Hines Boulevard to Maple Avenue

01757 1

12"WW(In Easement, & Street)

2: Mapsco: 34YCouncil District: 2

Council District2

12 ProjectLocation

N

I


017572

Contract Nos. 05-361 F and 05-362FTxDOT and Dallas Water Utilities Agreement


N

~

12"WW

(Ins~

Council District2

3: Mapsco: 34YCouncil District: 2

12 ProjectLocation

N

I


Contract Nos. 05-361F and 05-362FTxDOT and Dallas Water Utilities Agreement


017573

COUNCIL CHAMBER

January 14, 2009

WHEREAS, the Texas Department of Transportation (TxDOT) plans to widen Motor Street from Harry Hines Boulevard to Maple Avenue and construct paving and drainage improvements; and,

WHEREAS, the Dallas Water Utilities Department (DWU) has existing water and wastewater mains in Motor Street that will require relocation and adjustments to facilitate this project; and,

WHEREAS, TxDOT has agreed to incorporate the relocations and adjustments of DWU facilities as part of their contract in order to avoid delaying the State’s construction schedule; and,

WHEREAS, TxDOT has submitted an acceptable Advanced Funding Agreement to incorporate DWU's relocations and adjustments in advance of paving into the State’s construction plans; and,

WHEREAS, under the Advanced Funding Agreement between the State of Texas, acting through TxDOT, DWU will provide funding, construction inspection services, and approval of all improvement changes involving DWU facilities; and,

WHEREAS, the Advanced Funding Agreement will allow the State to proceed with the advertisement, award of the construction contract, and provide contract administration; Now, Therefore,


Section 1. That the City Manager be and is hereby authorized to enter into an Advanced Funding Agreement with the State of Texas, acting through the Texas Department of Transportation, for water and wastewater main relocations and adjustments in Motor Street from Harry Hines Boulevard to Maple Avenue, after approval of the contract documents by the City Attorney.

Section 2. That the City Controller be and is hereby authorized to pay the amount of $925,968.47 from the Water Construction Fund and Wastewater Construction Fund as follows:

FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR0102 DWU CW42 RELP 4550 705361 WX54 CTDWU705361EA 239588

Texas Department of Transportation - (Contract No. 05-361F) - $749,041.00

COUNCIL CHAMBER

January 14, 2009

FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR0102 DWU CW42 RELP 3221 705361X WX54 CTDWU705361EN 239588


FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR0103 DWU CS42 RELP 4560 705362 TO06 CTDWU705362EA 239588


FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR0103 DWU CS42 RELP 3222 705362X TO06 CTDWU705362EN 239588









MAPSCO: 45 T W X________________________________________________________________

SUBJECT

Authorize Supplemental Agreement No. 2 to the professional services contract with Chiang Patel and Yerby, Inc. to provide additional engineering services for the proposed East Bank-West Bank Interceptor Connection - Not to exceed $156,535, from $1,539,000 to $1,695,535 - Financing: Water Utilities Capital Construction Funds

BACKGROUND

This Supplemental Agreement is for additional engineering services required to prepare a Corridor Development Certificate that must be in place prior to construction activities within the 100-year Federal Emergency Management Agency floodplain. Additional engineering services will also include the renewal of the Nationwide Permit 12, assistance during pre-bid and bid conferences, development and implementation of construction start-up, training, and operations programs, and review of requests from property owners to construct permanent facilities in the pipeline easements.

The East Bank-West Bank Interceptor Connection is required to improve the reliability and functionality for transfer of wastewater from the Cadiz Pump Station receiving interceptors into the Central Wastewater Treatment Plant. The specialized nature of the project makes it appropriate to engage engineers’ services during the pre-bid phase through construction.

The East Bank-West Bank Interceptor Connection has been in the planning stage since the mid-1990s. The construction of this project will allow the Water Utilities Department to decommission the Cadiz Pump Station, a very large wastewater pumping station, and eliminate the risk of raw sewage bypassing to the Trinity River due to electrical failure, as occurred in June 2000. Decommissioning the pump station will also allow an existing 60-inch force main that will be in conflict with the Trinity River Corridor project, to be abandoned, and allow for expansion and improvements to the Interstate Highway 30 and Interstate Highway 35 downtown interchange.



Begin Engineering Services January 2009Complete Engineering Services January 2010Begin Construction Services August 2009Complete Construction Services September 2011


Authorized a professional services contract with Chiang Patel and Yerby, Inc. to provide emergency engineering services for the Cadiz Pump Station improvements and to perform a feasibility study for the construction of a new pump station at the Central Wastewater Treatment Plant, on January 24, 2001, by Resolution No. 01-0324.

Authorized Supplemental Agreement No. 1 to provide interim reliability improvements for the Cadiz Pump Station and the Central Wastewater Treatment Plant feasibility study, on May 12, 2004, by Resolution No. 04-1536.

FISCAL INFORMATION

$156,535.00 - Water Utilities Capital Construction Funds

CouncilDistrict Amount

2 $104,252.317 $ 52,282.69

Total $156,535.00

M/WBE INFORMATION

See attached.

ETHNIC COMPOSITION

Chiang Patel and Yerby, Inc.

Hispanic Female 8 Hispanic Male 23Black Female 3 Black Male 5Other Female 5 Other Male 14White Female 35 White Male 95


OWNER

Chiang Patel and Yerby, Inc.

Pete K. Patel, P.E., CEO

MAP

Attached


PROJECT: Authorize Supplemental Agreement No. 2 to the professional services contract with Chiang Patel and Yerby, Inc. to provide additional engineering services for the proposed East Bank-West Bank Interceptor Connection - Not to exceed $156,535, from $1,539,000 to $1,695,535 - Financing: Water Utilities Capital Construction Funds

Chiang Patel and Yerby, Inc. is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.

PROJECT CATEGORY: Architecture & Engineering_______________________________________________________________


Amount Percent

Local contracts $136,735.00 87.35%Non-local contracts $19,800.00 12.65%

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

TOTAL THIS ACTION $156,535.00 100.00%




APM & Associates, Inc.Chiang Patel and Yerby, Inc.

BMDB36627Y0209PMMB38272Y0809

$11,200.00$125,535.00

8.19%91.81%

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



None



African American $11,200.00 7.15% $167,774.00 9.90%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $125,535.00 80.20% $1,417,967.66 83.63%Native American $0.00 0.00% $0.00 0.00%WBE $0.00 0.00% $0.00 0.00%

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

Total $136,735.00 87.35% $1,585,741.66 93.52%

83

6

5

7

4

9

2

13

1

12

14

1110

Dallas WaterUtilitiesContract No. 00-446E

Supplemental Agreement No. 2East Bank - West Bank Interceptor Connection

Project Location

Mapsco: 45T, W, XCouncil District: 2, 7

96" WW(Tunnel)

Council District2

CADIZ S

T

R L TH

ORNT

ON FW

YINDUSTRIAL BLVD

HOUS

TON S

T VIA

HOTEL ST

EAST LEVEE

WEST LEVEE

78" WW(Tunnel)

120" WWExisting

TRINITY RIVER

Council District3

Council District7

40' WW(Outlet Structure)

40' WW(Inlet Structure)

102" WW(In Easement)

102" WWSTEMMONS FWY

D1544c sa2

COUNCIL CHAMBER

January 14, 2009

WHEREAS, on January 24, 2001, the City Council awarded Contract No. 00-446E, by Resolution No. 01-0324 to Chiang Patel and Yerby, Inc., 1820 Regal Row, Suite 200, Dallas, Texas, 75235, for the Cadiz Pump Station improvements and to perform a feasibility study for the construction of a new pump station at the Central Wastewater Treatment Plant; and,

WHEREAS, on May 12, 2004, the City Council awarded Supplemental Agreement No. 1, by Resolution No. 04-1536, to provide interim reliability improvements for the Cadiz Pump Station and the Central Wastewater Treatment Plant feasibility study; and,

WHEREAS, additional engineering services are needed to acquire a Corridor Development Certificate, renew Nationwide Permit 12, assist during pre-bid and bid phase services, develop and implement construction startup, training, and operations programs, and review requests from property owners to construct permanent facilities in the pipeline easements; and,

WHEREAS, Chiang Patel and Yerby, Inc. has submitted an acceptable proposal to provide these engineering services; Now, Therefore,


Section 1. That the proposed Supplemental Agreement No. 2 be accepted and that Contract No. 00-446E with Chiang Patel and Yerby, Inc., Inc. be revised accordingly.

Section 2. That the City Manager be and is hereby authorized to execute the contract after it has been approved as to form by the City Attorney.

Section 3. That the City Controller be and is hereby authorized to pay the amount of $156,535.00 from the Wastewater Construction Fund as follows:

FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR0103 DWU CS40 WWTP 4111 700446 TO21 CTDWU700446EN 080659

Chiang Patel and Yerby, Inc. - (Contract No. 00-446E) - $156,535.00






DEPARTMENT: Business Development & Procurement ServicesSanitation ServicesCommunication and Information ServicesEquipment & Building Services

CMO: Dave Cook, 670-7804Ramon F. Miguez, P.E., 670-3308Forest E. Turner, 670-3390

MAPSCO: N/A________________________________________________________________

SUBJECT

Authorize a thirty-six-month service contract for the purchase, installation, application hosting service and maintenance of Global Positioning System equipment for route optimization of Sanitation fleet vehicles - Remote Dynamics, Inc., most advantageous proposer of six - Not to exceed $697,059 - Financing: Current Funds (subject to annual appropriations)

BACKGROUND

This service contract will provide Global Positioning System (GPS) equipment for full fleet deployment in the Sanitation Services Department (SAN). The contract work includes installation of GPS equipment, monitoring, training and reporting for use in the management of approximately 400 Sanitation field service vehicles.

By equipping the entire fleet, Sanitation will be able to maximize route efficiency by minimizing the use of overtime hours and fuel. The main function of the system is to provide real time tracking of all Sanitation vehicles. Real time tracking will allow for a more effective response to unanticipated needs such as missed collections or emergency situations. The GPS system will display on a map the path a vehicle travels which will aid in creating and improving vehicle routes. Reports generated by the system are capable of providing useful information on vehicles such as:

fuel consumptionextended stopslong idle timeslength of time at one locationnumber of households served speed of vehicle



The system is also capable of providing alerts for preventative maintenance scheduling by recording odometer readings and engine hours.

Proposals were presented to a five member selection committee.

Sanitation - 2Equipment and Building Services - 2Communication and Information Services -1

The successful proposer was selected by the committee on the basis of the demonstrated competence and qualifications under the following criteria:

service and data reliability, availability and security - 15%user interface and reporting tools - 15%application integration ability - 12%large deployment references - 10% provider experience and management team - 10%provider stability and strength of balance sheet - 10%price - 10%customer support services & training - 10%expansion and upgrade flexibility - 8%

As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services used its procurement system to send out 138 email bid notifications to vendors registered under respective commodities. To further increase competition, Business Development and Procurement Services uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally in an effort to secure more bids, notifications were sent by the Business Development and Procurement Services’ ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women’s Business Council – Southwest, to ensure maximum vendor outreach.


On December 10, 2008, this item was deferred by vote by City Council.

On June 23, 2008, the Quality of Life Committee was briefed on Global Positioning System equipment.

FISCAL INFORMATION

$697,058.52 - Current Funds (subject to annual appropriations)


M/WBE INFORMATION

27 - M/WBE Vendors contacted27 - No response 0 - Response (Bid) 0 - Response (No bid) 0 - Successful vendor


The recommended awardee has fulfilled the good faith requirements set forth in the Good Faith Effort Plan adopted by Council Resolution #84-3501 as amended.

ETHNIC COMPOSITION

Remote Dynamics, Inc.


PROPOSAL INFORMATION

The following proposals were received from solicitation number BHZ0812 and were opened on April 9, 2008. This service contract is being awarded in its entirety to the most advantageous proposer.

*Denotes successful proposer

Proposers Address Score Pricing

*Remote Dynamics, 200 Chisholm Place 87.2 $697,058.52Inc. Suite 120

Plano, TX 75075

Radio Satellite 19144 Van Ness Avenue 84.37 $946,115.00Integrators, Inc. Torrance, CA 90501

TeleTrak 2201 Brookhollow Plaza Non-Responsive**Arlington, TX 76006

Verizon Wireless 750 State Hwy 121 Non-Responsive**Suite 100Lewisville, TX 75067

TrakPro, LLC 3457 Red Rock Street Non-Responsive**Las Vegas, NV 89146


PROPOSAL INFORMATION (Continued)

Proposers Address Score Pricing

Enterprise ESP, LLC 14785 Preston Road Non-Responsive**Dallas, TX 75254

**TeleTrak, Verizon Wireless, TrakPro, LLC and Enterprise ESP, LLC were deemed non-responsive due to not meeting minimum requirements.

OWNER

Remote Dynamics, Inc.

Gary Hallgren, PresidentGreg Jones, Vice PresidentKeith Moore, SecretaryDavid Walters, Treasurer


PROJECT: Authorize a thirty-six-month service contract for the purchase, installation, application hosting service and maintenance of Global Positioning System equipment for route optimization of Sanitation fleet vehicles - Remote Dynamics, Inc., most advantageous proposer of six - Not to exceed $697,059 - Financing: Current Funds (subject to annual appropriations)

Remote Dynamics, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractor.PROJECT CATEGORY: Other Services

_______________________________________________________________


Amount Percent


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

TOTAL CONTRACT $697,058.52 100.00%




Beacon Training Services, Inc. WFWB38702N0909 $16,475.00 100.00%------------------------ ------------------------



None



African American $0.00 0.00% $0.00 0.00%Hispanic American $0.00 0.00% $0.00 0.00%Asian American $0.00 0.00% $0.00 0.00%Native American $0.00 0.00% $0.00 0.00%WBE $16,475.00 100.00% $16,475.00 2.36%

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

Total $16,475.00 100.00% $16,475.00 2.36%

COUNCIL CHAMBER

January 14, 2009


Section 1. That the City Manager is authorized to execute a service contract with Remote Dynamics, Inc. (VS0000030862) for the purchase, installation, application hosting service and maintenance of Global Positioning System equipment for route optimization of Sanitation fleet vehicles for a term of thirty-six months in an amount not to exceed $697,058.52, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to Remote Dynamics, Inc. shall be based only on the amount of the services directed to be performed by the City and properly performed by Remote Dynamics, Inc. under the contract.

Section 2. That the City Controller is authorized to disburse funds from the following appropriations in an amount not to exceed $697,058.52 (subject to annual appropriations):

FUND DEPT UNIT OBJECT AMOUNT0001 SAN 3581 3099 $504,707.520001 SAN 3581 2761 $192,351.00


DISTRIBUTION:

Business Development and Procurement Services, 3FSEquipment & Building ServicesSanitation ServicesCommunication & Information Services






MAPSCO: 26 T U X Y

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting an MF-3(A) Multifamily District and a resolution accepting deed restrictions volunteered by the applicant, on property zoned an MF-2(A) Multifamily District, on the north side of East Northwest Highway, east of Shady Brook LaneRecommendation of Staff and CPC: Approval, subject to deed restrictions volunteered by the applicantZ078-196(OTH)

1

HONORABLE MAYOR 7 CITY COUNCIL WEDNESDAY, JANUARY 14, 2009 ACM: A.C. GONZALEZ

FILE NUMBER: Z078-196 (OTH) DATE FILED: March 26, 2008

LOCATION: On the north side of E Northwest Highway, east of Shady Brook Lane.

COUNCIL DISTRICT: 9 MAPSCO: 26-T, U, X, Y

SIZE OF REQUEST: Approx. 12.699 acres CENSUS TRACT: 78.19

OWNER: Fath Stratford Apartments, Ltd. PS

APPLICANT: SIVE Urban II, Inc.

REPRESENTATIVE: Robert Reeves & Associates, Inc. REQUEST: An application for an MF-3(A) Multifamily District with deed

restrictions volunteered by the applicant on property zoned an MF-2(A) Multifamily District.

SUMMARY: The applicant is proposing to build new multifamily units on

approximately 12.699 acres with deed restrictions volunteered by the applicant to limit the number of dwelling units, the structure height and the lot coverage.

CPC RECOMMENTDATION: Approval subject to revised deed restrictions

volunteered by the applicant. STAFF RECOMMENDATION: Approval, subject to deed restrictions volunteered by

the applicant.

Z078-196

2

BACKGROUND INFORMATION:

• The property is presently zoned an MF-2(A) Multifamily District and is developed with 312 units built in 1978 on approximately 12.699 acres of land.

• The surrounding uses are multifamily to the east and north, mini warehouse and retail to the west, and multifamily development to the south of the property.

• The applicant is offering volunteered deed restrictions to limit the units to 797, the structure height to 79 feet, and the lot coverage to 55%.

Zoning History: There has been one zoning case in the area:

1. Z056-134 On February 8, 2006, the City Council approved an amendment to the conditions to Planned Development District No. 592 and a Specific Use Permit for a mini-warehouse use, on property located on the north line of Northwest Highway, east of Shady Brook Lane.

Thoroughfares/Streets:

Thoroughfares/Street Type Existing ROW

Northwest Highway Principal Arterial 107 ft. ROW Land Use:

Zoning Land Use

Site MF-2(A) Multifamily

East MF2(A) Multifamily

South MF-2(A) Multifamily

West PD No. 592 with SUP No. 1611 & MU-3

Mini warehouse & Retail

North MF-2(A) Multifamily

Z078-196

3

Comprehensive Plan: The forwardDallas Vision Illustration calls for Urban Neighborhood in the area. An Urban Neighborhood will have concentrations of shops and offices along key corridors or at key intersections, providing important services and job opportunities within walking distance of residences. These areas may have mixed-use buildings with ground floor shops. The requested zoning change is for the development of new multifamily units. The property is in close proximity to major retail centers and DART rail and bus services that make the density and type of development appropriate for the area. The property is located on the north side of East Northwest Highway, a major thoroughfare of the region.

STAFF ANALYSIS:

Land Use Compatibility:

The site is developed with 312 multifamily units. The surrounding uses are multifamily to the east and north, mini warehouse and retail to the west, and multifamily development to the south of the property.

The applicant is requesting to develop the property with 797 multifamily units. That is 61 units per acre. This is a higher density for the general area; however, the applicant is volunteering deed restrictions to limit the lot coverage of the property to 55 percent. Although there are multifamily development areas surrounding the request property, staff considers that the density proposed by the applicant will not significantly affect traffic conditions in the area. The property’s only access point is on E Northwest Highway. The applicant has volunteered deed restrictions to limit the number of dwelling units to 797; limit building height to 79 feet; limit to maximum structure height the portion of a structure located within 40 feet of Northwest Highway; and to limit the lot coverage to 55 percent. The applicant provided a exhibit in the deed restrictions showing the area to be protected along of the creek located on the north side of the property.

Z078-196

4

Development Standards:

SETBACKS DISTRICT Front Side/Rear

Density FAR Height Lot

CoverageSpecial

Standards Primary Uses

Existing

MF-2(A) Multifamily 15’ 15’

Min lot 1,000 sq. ft.

800 sq ft – E 1,000 sq. ft – 1

BR 1,200 sq ft – 2 BR

+150 sq ft each add BR

36’ 60% Proximity Slope

Multifamily, duplex, single family

Proposed

MF-3(A) Multifamily

15’ 10’ Urban Form

Min lot 6,000 sq. ft.

450 sq ft – E 500 sq. ft – 1 BR 550 sq ft – 2 BR +50 sq ft each

add BR

90’ 60%

Proximity Slope U-form

setback Tower

spacing

Multifamily

Traffic: The Engineering Section of the Building Inspection Division of the Department of Development Services has reviewed the requested zoning change and determined the proposal will not have a significant impact on the street system. Landscaping: Landscaping of any new development will be in accordance with Article X requirements, as amended.

Z078-196

5

CPC ACTION: July 10, 2008

Motion: It was moved to recommend approval of an MF-3(A) Multifamily District, subject to revised deed restrictions volunteered by the applicant on property zoned an MF-2(A) Multifamily District, on the north side of E. Northwest Highway, east of Shady Brook Lane.

Maker: Weiss Second: Emmons

Result: Carried: 12 to 0

For: 12 Strater*, Gary, Davis, Rodgers, Lozano*, Bagley, Weiss, Lueder, Wolfish, Ekblad, Emmons, Alcantar

Against: 0 Absent: 1 - Prothro

Vacancy: 1 - District 8 Abstained: 1 - Buehler** *out of the room, shown voting in favor **abstained from voting, due to bus tour requirements Notices: Area: 400 Mailed: 101 Replies: For: 0 Against: 0

Speakers: For: Robert Reeves, 900 Jackson St., Dallas, TX, 75202

Z078-196

6

Officers

Z078-196

7

APPLICANT’S VOLUNTEERED DEED RESTRICTIONS

Z078-196

8

Z078-196

9

Z078-196

10

Z078-196

11

Z078-196

12

Z078-196

13

Z078-196

14

Z078-196

15

1

Z078-196

16

CPC RESPONSES

Z078-196

17

Page 1 of 4 4/17/2008 Notification List of Property Owners Z078-196 (OTH)(KRua) 101 Property Owners Notified Label # Address Owner 1 5959 NORTHWEST FATH STRATFORD APARTMENTS 2 6101 MELODY FATH PRINCETON COURT 3 6201 MELODY FATH BILTMORE LP 4 5929 NORTHWEST BOOKMARK LLC 5 6756 SHADY BROOK CHANTILIS ANGELO S 6 6730 SHADY BROOK HALF PRICE BOOKS RECORDS 7 5905 NORTHWEST NORTHWEST SHADE LTD 8 6726 SHADY BROOK PARKER EDDIE & WYNELLE 9 8577 VILLAGE GLEN PC VILLAGE APTS DALLAS LP 10 6748 SHADY BROOK POPS PROPERTY IV LTD 11 6036 RIDGECREST TELESIS GATEWOOD 12 6810 SHADY BROOK TEXAS BROOK APARTMENTS LP 13 5951 MELODY TEXAS MELODY APARTMENTS 14 6033 NORTHWEST WRH CROSS CREEK LTD 15 6262 MELODY KROMER FAMILY TRUST 16 6262 MELODY 6262 MELODY LN INV LTDQ 17 6262 MELODY 6262 MELODY LN INV LTD 18 6262 MELODY 6262 MELODY LN INV 19 6262 MELODY 6262 MELDOY LN INV LTD 20 6050 MELODY WELLS FARGO HME MORTGAGE 21 6050 MELODY WARD DAVID C 22 6050 MELODY WARD DAVID 23 6050 MELODY VANIAN MARY TRUSTEE 24 6050 MELODY VANDYKE SHERRY A 25 6050 MELODY VALDEZ JOSEN N JR & 26 6050 MELODY VALDEZ JOSE N JR &

Thursday, April 17, 2008

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Label # Address Owner 27 6050 MELODY VALDEZ JOSE N & DONATA H 28 6050 MELODY VALDEZ JOSE N & 29 6050 MELODY THEISEN HELEN 30 6050 MELODY TESSEMA TESHOME & 31 6050 MELODY STANDLEY JAMES J 32 6050 MELODY SOUSA OCTAVIO 33 6050 MELODY SOLL JERRY 34 6050 MELODY SHELLEY WAYNE 35 6050 MELODY SHELBURNE CO LTD 36 6050 MELODY SHARMA ROSHAN 37 6050 MELODY SENEGAL CAROLYN E 38 6050 MELODY SCHWARTZ MARCIA L 39 6050 MELODY SCHWARTZ HAROLD & MARLENE 40 6050 MELODY SCHROEDER LINDA E 41 6050 MELODY ROBERTSON RICKY 42 6050 MELODY RIVKIN ALEXANDER 43 6050 MELODY REYES REX K & 44 6050 MELODY REYES REX & REYES LEA 45 6050 MELODY QUICHO ANTHONY B & 46 6050 MELODY PORTER NAOMI M 47 6050 MELODY PIPER RUBIN 48 6050 MELODY PEARSON MARK A & 49 6050 MELODY PARSIYAR SAEED 50 6050 MELODY MYERS RICHARD TODD & 51 6050 MELODY MORRISON GARY JOE 52 6050 MELODY MORNINGSTAR JASON R & 53 6050 MELODY MELODY LANE J V 54 6050 MELODY MARTINEZ BIENVENIDO & 55 6050 MELODY MARTINEZ BEN & PAZ 56 6050 MELODY MAHABIR BEN 57 6050 MELODY MADISON PORTFOLIO ENTERPRISE LTD


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Label # Address Owner 58 6050 MELODY MADISON PORTFOLIO 59 6050 MELODY LUONG RONNY & CHRISTIE RE 60 6050 MELODY LIM CHOO HENG 61 6050 MELODY KNIGHT RICHARD FAM PTNR 62 6050 MELODY KING GARY 63 6050 MELODY KELCHER MARK 64 6050 MELODY KANO GERALD 65 6050 MELODY JUSTICE ANNE 66 6050 MELODY JONES ROZALINA H 67 6050 MELODY JOMAX ENTERPRISE LTD 68 6050 MELODY JAGGI LEWIS R & ROBBYE 69 6050 MELODY HUTCHINSON SCOT K 70 6050 MELODY HORNQUIST ERIC R & 71 6050 MELODY HERVEY MIKI 72 6050 MELODY HERRON JOHN J 73 6050 MELODY GUDMUNDSSON RODOLFO S 74 6050 MELODY GUDMUNDSSON GRETHA 75 6050 MELODY GREENLEAF OBIE L JR 76 6050 MELODY GONZALEZ PAULINO 77 6050 MELODY GONZALEZ CUTBERTO & 78 6050 MELODY GILES RYNDA J 79 6050 MELODY FRUMKIN MIKHAIL 80 6050 MELODY FRAPPIER RONALD J 81 6050 MELODY FRANCO EMMA 82 6050 MELODY FOSTER NERISA 83 6050 MELODY DOMINGUEZ MARIO & 84 6050 MELODY DNI PROPERTIES LLC 85 6050 MELODY CORNWELL GREGORY S & 86 6050 MELODY CHOLAKIAN LUCY 87 6050 MELODY CHIRAYATH JOSE V 88 6050 MELODY CHEN SHIPING


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Label # Address Owner 89 6050 MELODY CECIL KEITH W III 90 6050 MELODY BOONE PATRICE 91 6050 MELODY BOLTEX HOLDINGS LTD 92 6050 MELODY BARK SARA TRUST 93 6050 MELODY BALL ROBERT N & JOYCE C 94 6050 MELODY B REAL PROPERTIES LLC D 95 6050 MELODY B REAL PROPERTIES LLC 96 6050 MELODY ARWOOD THOMAS W 97 6050 MELODY ARAKELIAN ARTHUR 98 6050 MELODY APEX FINANCIAL CORP 99 6050 MELODY ADAY DIANNE 100 106050 MELODY WILLEMS DAN 101 106050 MELODY PADRON EZEQUIEL Thursday, April 17, 2008

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Early Notification List

Al Romero PO Box 870875 Mesquite, TX 75150

Anthony Jones PO Box 0711 Galveston, TX 77553

Betty Wadkins 2843 Modesto Drive Dallas, TX 75227 ENZ078-196

Bill Dahlstrom 901 Main St.,Ste 6000 Dallas, TX 75202

Bridge Ballowe c/o Nextel 1680 N. Prospert Dr. Ricardson, TX 75081

Cindy Harris 4310 Buena Vista #8 Dallas, TX 75205

Clarence F Cope 10404 Ferndale Dallas, TX 75238

Jane Guerrini 7032 Lupton Dallas, TX 75225

Jeff Bosse PO Box 4738 Dallas, TX 75208

Leanne Witek 16660 N Dallas Pkwy #1200 Dallas, TX 75248

Marcus Wood 6060 N Central Expy Ste 333 Dallas, TX 75206

Pam Conley 901 N Madison Avenue Dallas, TX 75208

Rob Baldwin 401 Exposition Dallas, TX 75226

Robert P. Garza 412 E. Sixth St. Dallas, TX 75203

Sheryl Jean, Newsroom-Business 508 Young St. Dallas, TX 75265

Steve Craft P O Box 542225 Dallas, TX 75354

Steve Kim 4318 Sexton Ln. Dallas, TX 75229

Alpha Testing, Inc Virginia Brown 2209 Wisconsin St, Ste 100 Dallas, TX 75229

Am. Metro/Study Corp Marque Nelson 14881 Quorum Dr #400 Dallas, TX 75240

Arborilogical Services, Inc. Bill Seaman 16 Steel Rd. Wylie, TX 75098

Bluffview Homeowner Pat White 4714 Wildwood Dallas, TX 75209

Dallas ISD Stan Armstrong 3700 Ross Ave, Box 61 Dallas, TX 75204

Dallas Planning Asoc Stuart Pully P O Box 781609 Dallas, TX 75378

FW Dodge Reports Donna McGuire 9155 Sterling Dr. Ste 160 Dallas, TX 75063

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INCAP Fund Lauren Odell 300 Crescent Court Dallas, TX 75208

Jackson Walker Suzan Kedron 901 Main St. #6000 Dallas, TX 75202

Jackson Walker Jonathan Vinson 901 Main St. #6000 Dallas, TX 75202

Kiest-Polk NA Erma Dodd P.O. Box 764162 Dallas, TX 75376

Kiestwood Neighbors Neoma Shafer 2538 W Kiest Blvd Dallas, TX 75233

Koons Real Estate Law James Schnurr 3400 Carlisle St, #400 Dallas, TX 75204

Lake Highlands AIA Terri Woods 9603 Rocky Branch Drive Dallas, TX 75243

Law Office of R Albright Roger Albright 3301 Elm St Dallas, TX 75226

Master Plan J Kimborough 900 Jackson St Dallas, TX 75202

MetroStudy Corp Rebecca Webb 14881 Quorum Dr #400 Dallas, TX 75254

Micheal R Coker Co Michael R Coker 2700 Swiss Ave. #100 Dallas, TX 75209

Minyards Properties Inc Dennis O'Malley 777 Freeport Pkwy Coppell, TX 75019

N Pk Lovefied Comm Civic League Joyce Lockley 4718 Wateka Dr. Dallas, TX 75209

Oak Cliff Chamber Joe Burkleo 545 Lacewood Drive Dallas, TX 75224

PARC DU LAC Linda Sharp 12126 Vendome Place Dallas, TX 75230

PWS Architects Inc. Phillip Shepherd 4616 Abbott Ave Dallas, TX 75205

Quick Trip Co. Teri Dorazil 14450 Trinity Blvd. #300 Fort Worth, TX 76155

Robert Reeves & Assoc. Inc. Robert Reeves 900 Jackson St, Suite 160 Dallas, TX 75202

Signs Manufacturing William Watson 4610 Mint Way Dallas, TX 75236

United HOA Norma Parry 1515 Reynaldston Ln. Dallas, TX 75232

United HOA Thelma J. Norman 2628 Blackstone Dr. Dallas, TX 75237

W.A.R.N. Tashia Moseley 5353 Maple Ave. Ste. 200 Dallas, TX 75235

Bruce Wilke 7227 N Janmar Dr Dallas, TX 75230 ENZ078-196

Caruth Hills & Homeplace NA David Wright, President PO Box 601115 Dallas, TX 75360-1115

Hillcrest-Forest NA Jane Pak 7107 Churchill Way Dallas, TX 75230

Lake Highlands Area Improv. Terry Wood PO Box 741763 Dallas, TX 75374

Meadows NA Eric Anderson 7329 Lakehurst Ave. Dallas, TX 75230

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Northaven Park NA Edwin B Bright 3969 Alta Vista Ln Dallas, TX 75229

Orion Real Estate Group Bill Lamm PO Box 540021 Dallas, TX 75354

Preston Hollow N HOA Diane Benjamin 6530 Waggoner Dr Dallas, TX 75230

Richardson ISD Michael Longanecker 400 S Greenville Ave Richardson, TX 75081

Stults Road HOA Linda Moore 8652 Ashcroft Dallas, TX 75243

The Meadows NA Judy B Evans 7142 Blairview Dr Dallas, TX 75230

Valley View HOA John Hoagland 7184 Kendallwood Dr Dallas, TX 75240

Vickery Meadow Improvement Angelina Avalos 6251 Melody Ln. Dallas, TX 75231

White Rock Valley NA Pat O'Shea 9217 Clearhurst Dallas, TX,75218

Windsor Park HOA James T. Groves 7223 Stefani Dr. Dallas, TX 75225

Windsor Park HOA Bobby L Temple, M.D 7127 Chipperton Dr. Dallas, TX 75225

Windsor Park John M. Bradley 7273 Ashington Dr Dallas, TX 75225

Windsor Park Alan & Deborah Gnutti 7223 Ashington Dr. Dallas, TX 75225

Windsor Park Mr. & Milton Thomas 7107 Chipperton Dr. Dallas, TX 75225

Windsor Park HOA Mark MacDonald 7040 Lupton Dallas, TX 75225

Windsor Park HOA Mr. & Mrs. C.B. Sutherland 9101 Villa Park Circle Dallas, TX 75225

Winsor Park David A. McGee 9121 Beodeker Circle Dallas, TX 75225

ENZ078-196






MAPSCO: 34 Y

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting an amendment to and expansion of Planned Development District No. 712 for UC-2 Urban Corridor District Uses in an area zoned Planned Development District No. 712, an IR Industrial Research District and an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District, in an area generally bounded by Medical District Drive, Cass Street, Macatee Street, and Bengal StreetRecommendation of Staff and CPC: Approval, subject to a conceptual plan and conditionsZ078-274(RB)

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HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JANUARY 14, 2009

ACM: A. C. Gonzalez FILE NUMBER: Z078-274(RB) DATE FILED: July 31, 2008 LOCATION: Area generally bounded by Medical District Drive, Cass Street,

Bengal Street, and the terminus of Macatee Street COUNCIL DISTRICT: 2 MAPSCO: 34 Y SIZE OF REQUEST: Approx. 14.858 Acres CENSUS TRACT: 4.01 APPLICANTS: Foster M. Poole, Jr.; TCF Interests Partnership, LTD, Owners REPRESENTATIVE: Brian Keith REQUEST: An application for an amendment to and expansion of Planned

Development District No. 712 for UC-2 Urban Corridor District Uses in an area zoned Planned Development District No. 712, an IR Industrial Research District, and an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District.

SUMMARY: The applicant will create a new tract within the PDD and is

proposing uses and development standards consistent with those permitted within the existing PDD boundary.

CPC RECOMMENDATION: Approval, subject to a conceptual plan and conditions. STAFF RECOMMENDATION: Approval, subject to a conceptual plan and conditions.

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• Planned Development District No. 712 was approved by the City Council on January 26, 2005.

• The applicant is adding approximately 3.7 acres of land and will create a new tract that mirrors this acreage. All existing improvements will be removed prior to redevelopment.

• The existing PDD boundary is developed with a mixed use project with retail storefronts facing Medical District Drive. The applicant proposes to continue efforts with this transit-oriented development by adding the expansion tract to mirror existing development.

Zoning History: Other than the existing PDD’s and SUP as noted below, there has been no recent zoning activity in the immediate area relevant to this request.

PDD/SUP Summary

PDD Permitted FAR/ Structure No. Uses Density Height 583 IR District Uses, Group IR-2.0:1 FAR; all other 200’

res. fac., overnight uses-25k sf gen. purpose shelter, child-care facility

663 UC-2 District Uses 2.0:1; no max. dwelling 120’ and 180’ unit density SUP Permitted Significant Time No. Use Conditions Period

1645 Rail station N/A Permanent

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Thoroughfare/Street Existing & Proposed ROW

Medical District Drive Collector; 90' (Harry HInes Boulevard to Cass Street, and 85’ ROW (Cass Street to Maple Avenue)

Cass Street Local; 56' ROW

Bengal Street Local; 56' ROW Comprehensive Plan: The request site reflects an expansion of an existing mixed use development located in close proximity to mass transit options. The uses and development standards provide for various options to address market needs, while maintaining compatibility with surrounding zoning and established uses. The Urban Mixed Use Building Block provides for a healthy balance of housing, jobs and shopping that permits residents to live, work and play in the same neighborhood. These areas are linked to the rest of the city by means of the transit system and should be designed to encourage pedestrian mobility. Wide sidewalks and pedestrian features offer alternative access options to this type of area, thus permitting foot and bike traffic to benefit from the mix of uses. For these reasons, the request is in compliance with the Economic and Housing Elements, respectively, outlined in forwardDallas!

Economic Goal 2.1 Promote Balanced Growth.

Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions. Goal 2.2: Engage in strategic economic development

Policy 2.2.2: Maximize development opportunities around DART stations.

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Housing Goal 3.2 Answer the need for housing options. Policy 3.2.2 Encourage higher density housing within a quarter-mile of DART stations.

STAFF ANALYSIS: Land Use Compatibility: The request site is developed with office/warehouse uses. All improvements will be removed prior to redevelopment of the site. The applicant is proposing a mixed use project developed to standards consistent with that permitted within the existing PDD No. 712 boundary. Surrounding land use is somewhat in transition as redevelopment continues in close proximity to the Southwestern medical campus. All office/industrial structures to the north are being removed. Retail and office/industrial uses are developed to the east across Cass Street. The existing/proposed PDD boundary wraps a community service center/group residential facility/child-care facility use (PDD No. 563) and abuts undeveloped property zoned for MF-3 Subdistrict Uses within PDD No. 193 along its southeastern property line. The balance of the southern property line is adjacent to commercial uses. The property to the west across Bengal Street is in the construction stage for the new Ronald MacDonald House (southern half of PDD No. 663) and multifamily uses (balance of PDD No. 663). In addition, DART is constructing the Southwestern Medical District/Parkland light rail station (SUP No. 1645) northwest of the site that has spurred redevelopment in the area. This station is under construction and is anticipated to be operable by December, 2010.

The applicant proposes to expand on a transit-oriented development with a mix of uses in anticipation of the future DART light rail and bus station. The expansion area (Tract 2 and 2A) will permit development rights that are consistent with that existing (Tract 1). With respect to Tract 2’s residential adjacency, staff has worked with the applicant to provide for an additional setback along its extreme southeast corner from the abutting residentially zoned parcels (currently undeveloped). This will ensure compatibility related to the future vertical intensity of development within Tract 2A. It should be noted that a designated floodway traverses the general area along and through the southeast tip of the tract. Not only will this impact development within Tract 2A, but will also affect development on the abutting parcels, which will further enhance the separation of development on the respective tracts.

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Staff has worked with the applicant to ensure a consistent development theme across the site. Additional consideration has been given to the potential residential adjacency along the southeast portion of the site (Tract 2A). As a result, staff supports the request subject to the attached conceptual plan and conditions. It should be noted that the existing development plan will require a revision to the title of the plan (Tract 1 development plan) so as to provide consistency with the expansion and creation of tracts. Landscaping: PDD No. 712 provides for landscaping per Article X with certain standards afforded within the UC District regulations. No revisions to the landscape regulations are being requested at this time. Traffic: The Engineering Section of the Department of Development Services has reviewed the requested amendment and the Traffic Impact Analysis required with the application. The overall scope of the proposed development will not significantly impact the surrounding street system. It should be noted staff will require a turnaround at the terminus of Cass Street, which will be required at platting. CPC ACTION (November 13, 2008) Motion: It was moved to recommend approval of an amendment to and expansion of Planned Development District No. 712 for UC-2 Urban Corridor District Uses, subject to a conceptual plan and conditions on property zoned an IR Industrial Research District and an MF-2 Multiple Family Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District in an area generally bounded by Medical District Drive, Cass Street, Bengal Street and the terminus of Macatee Street.

Maker: Buehler Second: Prothro Result: Carried: 13 to 0

For: 13- Prothro, Gary, Davis, Rodgers, Lozano,

Bagley, Lavallaisaa, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar

Against: 0

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Absent: 1 - Weiss Vacancy: 1 - District 2

Notices: Area: 500 Mailed: 73 Replies: For: 9 Against: 1

Speakers: For (Did not speak): Brian Keith, 340 Meadow Rd., Dallas, TX, 75231 Against: None

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The general partner of TCF Interests Partnership, Ltd. is Crow Family, Inc. The officers are as follows:

Harlan R. Crow - Chief Executive Officer Christopher Bafo - Vice President Kevin M. Bryant - Vice

President Daniel F. Feeney - Vice President Barry N. Henry - Vice President Robert A McClain - Vice

President Gina A. Norris - Vice President Sarah L. Puckett - Vice President Anne L. Raymond - Vice

President Michael R. Silverman - Vice President Kevin M. Bryant - Secretary Christopher Bafo - Assistant

Secretary Jackie L. Close - Assistant Secretary Sarah L. Puckett - Assistant Secretary

Should you need anything further, please don't hesitate to let us know.

Thanks, Louise McMillen

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CPC RECOMMENDED AMENDING CONDITIONS ARTICLE 712.

DRAFT 02.08.2008

PD 712. Amended SEC. 51P-712.101. LEGISLATIVE HISTORY. PD 712 was established by Ordinance No. 25865, passed by the Dallas City Council on January 26, 2005. (Ord. 25865) SEC. 51P-712.102. PROPERTY LOCATION AND SIZE. PD 712 is established on property bounded by Motor Street, Bengal Street, _______________and Cass Street. The size of PD 712 is approximately [5.71 acres]. SEC. 51P-712.103. DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article.

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

(c) This district is considered to be a nonresidential zoning district. SEC. 51P-712.104. CONCEPTUAL PLAN.

(a) Development and use of the Property must comply with the conceptual plan (Exhibit 712A). In the event of a conflict between the text of this article and the conceptual plan, the text of this article controls. (b) This district is divided into Tracts 1, 2, and 2A, as shown on the conceptual plan. SEC. 51P-712.105. DEVELOPMENT PLAN.

Final approval of a development plan must be obtained from the city plan commission before issuance of any building permit. (Ord. 25865) SEC. 51P-712.106. MAIN USES PERMITTED.

The only main uses permitted in this district are those main uses permitted in the UC-2 Urban Corridor District, subject to the same conditions applicable in the UC-2 Urban Corridor District, as set out

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in Chapter 51A. For example, a use permitted in the UC-2 Urban Corridor District only by specific use permit (SUP) is permitted in this PD only by SUP; a use subject to development impact review (DIR) in the UC-2 Urban Corridor District is subject to DIR in this PD; etc. SEC. 51P-712.107. ACCESSORY USES.

As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A- 4.217. (Ord. 25865) SEC. 51P-712.108. YARD, LOT, AND SPACE REGULATIONS.

(Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. In the event of a conflict between this section and Division 51A-4.400, this section controls.)

(a) Minimum front yard. Buildings must be set back at least 10 feet from the back of the street curb. No minimum front yard setback for structures other than buildings.

(b) Maximum front yard.

(1) A maximum front yard must be observed for at least 70 percent of the linear distance of any street frontage exclusive of each of the following:

(A) five feet for each side yard provided; (B) any area comprising a pedestrian plaza as defined in the Urban Corridor

District regulations; and (C) for corner lots, the depth of the maximum front yard extending from the

adjacent frontage.

(2) For a corner lot fronting on both Motor Street and Bengal Street:

(A) the Bengal Street maximum front yard is 20 feet; and (B) the Motor Street maximum front yard is 65 feet if ground floor uses will include retail, personal service, or office uses and a minimum five-foot pedestrian clear zone is maintained between the building facade and the street, otherwise the maximum front yard is 20 feet. (3) For all other lots, maximum front yard is 20 feet.

(c) Urban form setback. An additional front yard setback of one foot for each two feet in height above 55 feet is required for that portion of a building above 55 feet in height up to a total setback of 30 feet. This subsection does not require a front yard setback greater than 30 feet. (d) Side and rear yard.

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(1) Minimum side or rear yard. Except as provided below, no side or rear yard is required. However, if a side or rear yard is provided, it must be at least five feet wide.

(2) Tower spacing. Except for side or rear yards on lot lines adjacent to rail right-of-

way, an additional side or rear yard setback of one foot for each two feet in height above 55 feet is required for that portion of a building above 55 feet in height, up to a total setback of 30 feet. This paragraph does not require a total side or rear yard setback greater than 30 feet.

(e) Permitted encroachments. Canopies, balconies, stoops, bay windows, awnings, other ordinary building projections, signs, street furniture, planting beds, and outdoor eating areas may extend into a setback or right-of-way provided that a minimum sidewalk clearance of five feet is maintained. Extensions into a right-of-way require the approval of a license pursuant to Chapter 43 of the Dallas City Code. A turret, spire, or tower not exceeding a floor area of 10 percent of the ground floor area may encroach into an urban form setback or tower spacing setback.

(f) Height.

(1) In Tract 1, m[M]aximum structure height as shown on the conceptual plan is 180 feet, exclusive of roof top mechanicals, parapet walls, or elevator penthouses.

(2) In Tract 2, maximum structure height as shown on the conceptual plan is 120

feet, exclusive of roof top mechanicals, parapet walls, or elevator penthouses. (3) In Tract 2A, maximum structure height as shown on the conceptual plan is 36

feet, exclusive of roof top mechanicals, parapet walls, or elevator penthouses.

(g) Stories.

(1) Maximum number of stories above grade for Tract 1 is 14. (2) Maximum number of stories above grade for Tract 2 is nine. (3) Maximum number of stories above grade for Tract 2A is three.

(h) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are

included in lot coverage calculations; surface parking lots and underground parking structures are not.

(i) Floor area ratio. The total floor area of all uses within Tracts 1 and 2 [this PD] may not exceed a maximum floor area ratio of 2.5. For Tract 2A, the maximum floor area is 2.0.

(j) Dwelling unit density. No maximum dwelling unit density.

(k) Pedestrian access to buildings. A building facing a street must have a primary pedestrian entrance on the ground floor of a façade facing either the street or a pedestrian plaza with street frontage. (Ord. 25865) SEC. 51P-712.109. OFF-STREET PARKING AND LOADING.

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(a) In general. The off-street parking requirements of Division 51A-4.200 and the off-street parking and loading regulations of Division 51A-4.300 apply, except as otherwise provided in this section.

(b) Multifamily uses. For a multifamily use, the minimum off-street parking requirements are: (1) one space for each dwelling unit having a floor area of 900 or less square feet and less than two separate bedrooms; (2) one and one-half spaces for each dwelling unit having a floor area of more than 900 square feet and less than two separate bedrooms; and (3) one space per bedroom for each dwelling unit having two or more bedrooms. (c) Nonresidential uses. If more than three pedestrian amenities as described in the pedestrian amenities section of the site design requirements in the Urban Corridor District regulations are provided, nonresidential uses shall be granted reductions of four percent of total parking requirements for each additional pedestrian amenity up to a maximum 20 percent reduction. If a reduction in parking requirements is sought, bicycle parking must be provided as an amenity type. The additional pedestrian amenities must be provided within the curb-to-building area or in a pedestrian plaza and must serve to enhance pedestrian pathways from building entrances to light rail or transit stops. (d) On-street parallel parking. On-street parallel or head-in parking spaces located on Cass Street or Bengal Street and adjacent to a lot may be counted toward the off-street parking requirements for that lot. Notwithstanding the foregoing, nothing in this section shall abrogate the authority granted to the city’s traffic engineer by Chapter 28 of the Dallas City Code to regulate traffic, including parking on public streets. (e) Shared parking. Total required parking may be adjusted pursuant to the Shared Parking Table provided in the Urban Corridor District regulations. Up to 20 percent of parking for residential uses may be used as commercial parking between 7:30 a.m. and 6:30 p.m. (Ord. 25865) SEC. 51P-712.110. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. (Ord. 25865) SEC. 51P-712.111. LANDSCAPING. (a) Landscaping must be provided in accordance with the requirements of Article X, except that if a reduction in off-street parking requirements is sought pursuant to Section 51P-712.109(c), landscaping and open space must be provided in accordance with the landscape and open space provisions in the Urban Corridor District regulations. (b) Landscaping must be installed within six months after the issuance of a certificate of occupancy authorizing the operation of any use in this district. (Ord. 25865)

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SEC. 51P-712.112. SIGNS.

Signs must comply with the provisions for business zoning districts in Article VII. (Ord. 25865) SEC. 51P-712.113. ADDITIONAL PROVISIONS. (a) The entire Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (Ord. 25865) SEC. 51P-712.114. COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, in this district until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. 51P-712.115. ZONING MAP. PD 712 is located on Zoning Map No. I-6.

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Existing Development Plan (to be labeled ‘Tract 1 Development Plan’)

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CCPPCC RREESSPPOONNSSEESS

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Page 1 of 3 10/28/2008 Notification List of Property Owners Z078-274 73 Property Owners Notified Label # Address Owner 1 2222 MOTOR WORTHING AT MOTOR LP STE 700 2 2222 MOTOR GIC - MOTOR RETAIL, LP o3 4814 BENGAL TCF INTERESTS PARTNERSHIP LTD o4 4722 BENGAL FOSTER M POOLE JR 5 4700 BENGAL MC COMPANY % CROW HOLDINGS o6 4816 BENGAL TCF INTERESTS PS LTD o7 4816 BENGAL POOLE FOSTER M JR 8 4619 LAKE DALCASA LP SUITE 200 o9 4701 LAKE TRAN CUONG & HAI DANG 10 4707 LAKE HO DUNG 11 4711 LAKE TRAN DAVID 12 4713 LAKE SALAZAR J INES o13 4719 LAKE NGUYEN THANH H & THU 14 4723 LAKE PHAM BACH VAN THI & o15 4727 LAKE RODRIGUEZ JOSE 16 4730 SYLVESTER BELL KENNETH D 17 4700 SYLVESTER NGUYEN HIEU TRONG 18 4706 SYLVESTER VILLEGAS MARTHA R 19 4710 SYLVESTER VILLARREAL JESUS M ET AL 20 4726 SYLVESTER DELAY ROY E III #386 21 4615 SYLVESTER GARCIA BRENDA N 22 4619 SYLVESTER GANDARA AURELIANO & RAFAELA M 23 4623 SYLVESTER HOLGUIN FERNANDO & MARIA D C 24 4625 SYLVESTER TOBIN LUIS OSCAR 25 4635 SYLVESTER TOBIN LUIS O 26 2330 KINGS PINKY PALMER 3 INC

Tuesday, October 28, 2008

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Label # Address Owner 27 2251 KINGS SINGER ARTURO 28 4634 AFTON CHANDLER NANCY ANN S TR STE 207 29 2324 KINGS SANCHEZ MARIA 30 4703 SYLVESTER CARRILLO CIRILO 31 4707 SYLVESTER SEPULVEDA JAMES L & GLORIA MRS 32 4711 SYLVESTER BARRIOS JOSE LUIS & ESPERANZA BARRIOS 33 4719 SYLVESTER HOLGUIN DANIEL & CHRISTINE 34 2200 KINGS ODONNELL AUDREY L % MICHAEL ODONELL 35 4606 AFTON RAMIREZ JOSE & MARIA G ZUNIGA 36 4610 AFTON MEDINA ADAN V & MAGDALENA C 37 4614 AFTON VO HUONG THANH 38 4618 AFTON DINH MY HOANG 39 4622 AFTON LE MINH HOANG 40 4624 AFTON LE KY VAN & MANH NGOC NGUYEN 41 4630 AFTON ARRINGTON DON B LF EST 42 4607 AFTON GALINDO JOSE H & ROSA 43 4611 AFTON ORTEGA JUAN A & CARMEN 44 4615 AFTON FRANCISCO TOMAS 45 4619 AFTON NGUYEN KIM ANH T 46 4623 AFTON VAN SON MIN & VAN NGOC NGUYEN 47 2223 HAWTHORNE PERRY HOMES 48 2139 HAWTHORNE PERRY HOMES 49 4701 BENGAL CRASH INC o50 4699 PRODUCTION RUPLEY HELEN GAIL 51 4641 PRODUCTION GREENWAY 4641 PRODUCTION SUITE 100 52 4900 HARRY HINES DALLAS CO HOSP DIST DBA PARKLAND HLTH & HOSP 53 4714 CASS KALOGRIDIS REAL EST LTD 54 4821 MAPLE MAGIC CARPET LTD 55 4800 BENGAL RONALD MCDONALD HSE OF DALLAS FMLY ASSIST 56 4805 BENGAL MOTOR STREET APTS LP %TRAM CROW RES NT DIV 57 4815 CASS UNION GOSPEL MISSION

Tuesday, October 28, 2008

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Label # Address Owner 58 2034 MOTOR MOTOR STREET APTS LP 59 5101 MAPLE DALLAS CO HOSP DIST DBA PARKLAND HEALTH/HOSP 60 2211 MOTOR PARKLAND HEALTH & HOSPITAL SYSTEM 61 5000 HARRY HINES DALLAS COUNTY HOSPITAL DISTRICT 62 2313 HAWTHORNE JORY ROBERT 63 4611 SYLVESTER GUZMAN JOSE GUADALUPE 64 2359 KINGS BOUNNHING SAY 65 2355 KINGS FRANCISCO TOMAS & ELPIDIA GOMEZ 66 2351 KINGS TANEJA SANJEEV 67 4637 AFTON NGUYEN DIEM TRANG HOANG 68 4633 AFTON NGO HUNG VI & KIM YEN NGO 69 4629 AFTON NGUYEN MINH o70 4901 MAPLE ELLIOTTS HARDWARE INC x71 2311 MOTOR KUMIVA GROUP LLC 1612 W PICO BLVD 72 5134 HARRY HINES DALLAS COUNTY HOSPITAL DISTRICT 73 99999 NO NAME DART Tuesday, October 28, 2008

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Dallas ISD Orlando Alameda 3700 Ross Ave, Box 61 Dallas, TX 75204



INCAP Fund Lauren Odell 300 Crescent Court, Ste.1100 Dallas, TX 75201




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Lake Highlands AIA Terri Woods 1516 San Saba Dr. Dallas, TX 75218














Alan Pierce 3912 Cedar Springs Dallas, TX 75219

Art Rogers 4523 Holland Ave Dallas, TX 75219

Gabriel Camacho 11002 Creekmere Dallas, TX 75218 ENZ078-274

Jesse Almaguek 7721 Mohawk Dr Dallas, TX 75235

Judith Hearst 2512 Thomas Ave Dallas, TX 75201

Laura French 3856 W Beverly Dallas, TX 75209

Margaret L Ray 3211 Cherrywood Dallas, TX 75235

Pattie Walker PO Box 7488 Dallas, TX 75209

Robert Dyer 1601 Elm St, Ste 3000 Dallas, TX 75201

Airway Heights Rick Gonzales 4283 S Cresthaven Dallas, TX 75209

Bordeax Village HOA Kristen Toney 6373 Bordeaux Dallas, TX 75209

Cochran Heights Hector Garcia 3601 Turtle Creek Blvd #901 Dallas, TX 75219

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Greenway Parks HOA Lanay Hartmann P O Box 7482 Dallas, TX 75209

Harwood International, Inc. Jerry Jackson 2828 N Harwood, Suite 1600 Dallas, TX 75201

Lovefield West NA Wilma Avalos PO Box 35141 Dallas, TX 75235

N Park Lovefield Civic League Rick Gonzales 4283 S Cresthaven St. Dallas, TX 75209

Oak Lawn Committee P O Box 190912 Dallas, TX 75219

Oak Lawn Heights NA Robert Alexander 5323 Denton Drive Dallas, TX 75235

OLPH Church Fv.Salvador Guzman 7617 Cortland Ave. Dallas, TX 75235

Raleigns-Hall Group Frank M Stick 4224 N Hall St Dallas, TX 75219

Robin Road Neigh Alneda Frierson 7410 Robin Rd Dallas, TX 75209

Robin Road Neigh Betty R Jekins 7402 Robin Rd Dallas, TX 75209

Walnut Hill Business Owners JimWiley/Glen Wiley P O Box 541323 Dallas, TX 75354

ENZ078-274






MAPSCO: 5 L

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Specific Use Permit No. 1629 for a Private school on property zoned a CS Commercial Service District, located on the east line of Davenport Road, north of Crestland Avenue Recommendation of Staff and CPC: Approval, subject to a site plan and conditionsZ078-286(RB)

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HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JANUARY 14, 2009 ACM: A. C. Gonzalez

FILE NUMBER: Z078-286(RB) DATE FILED: September 2, 2008

LOCATION: East Line of Davenport Road, North of Crestland Avenue

COUNCIL DISTRICT: 12 MAPSCO: 5 L

SIZE OF REQUEST: Approx. 32,670 Sq. Ft. CENSUS TRACT: 317.10

APPLICANT: Texas Torah Institute, Owner

REPRESENTATIVE: Santos Martinez

REQUEST: An application for an amendment to Specific Use Permit No. 1629 for a Private school on property zoned a CS Commercial Service District.

SUMMARY: The applicant proposes to increase classrooms and enrollment as well as provide for revised hours of operation.

CPC RECOMMENDATION: Approval, subject to a site plan and conditions. STAFF RECOMMENDATION: Approval, subject to a site plan and conditions.

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BACKGROUND • On June 14, 2006, the City Council approved SUP No. 1629 for a private school. • The existing one story structure accommodates one classroom and a maximum

enrollment of 25 students. • The requested amendments will provide for the following: 1) increase number of

classrooms to two; 2) increase enrollment to 50 students; and, 3) revise hours of operation.

.

File No. Request, Disposition, and Date

1. Z078-214 A PDD for a Private school dormitory and Single family uses. On October 16, 2008, the CPC recommended denial of the request.

Thoroughfare Existing & Proposed ROW

Davenport Road Principal Arterial; 100’ & 100’ ROW STAFF ANALYSIS: Comprehensive Plan

The applicant is proposing an amendment to SUP No. 1629 to provide for enrollment and classroom increases, along with revised hours of operation. The site is located along a nonresidential corridor with single family uses further east beyond Levelland Road.

The existing school has very little presence in the area and does not possess any outside recreational/athletic fields. It does appear the surface parking area is utilized for some recreational functions. Based on staff’s analysis of the proposed amendments along with the established land use in the immediate area, the request is in compliance with the Urban Design and Neighborhood Elements, respectively, outlined in forwardDallas!

Urban Design Element GOAL 5.1 Promote a sense of place, safety, and walkability.

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Policy 5.1.3 Encourage complementary building height, scale, design and character.

GOAL 5.2 Strengthen community and neighborhood identity.

Policy 5.2.1 Maintain neighborhood scale and character.

Neighborhood Element

GOAL 7.1 Promote vibrant and viable neighborhoods.

Policy 7.1.2 Promote neighborhood-development compatibility. Land Use Compatibility: The request site is developed with a one-story nonresidential structure with surface parking abutting the southern building façade. SUP No. 1629 provides for a private school with one classroom and maximum enrollment of 25 students. The applicant is proposing to double the enrollment and add one additional classroom. Additionally, hours of operation are requested to be revised. Surrounding land use consists of an undeveloped lot and auto service center to the north, undeveloped property to the east, and a vehicle display, sales, and service use to the south. An institutional use and an undeveloped lot are developed immediately west across Davenport Road. Additional office/warehouse uses are developed further north. It should be noted that the undeveloped parcels referenced in this section are zoned for CS District Uses. It should be noted that low density single family uses are developed both to the west and east beyond the CS District corridor that is referenced herein. 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 request does not appear to have an adverse impact on the surrounding zoning and land uses. The site is located within a nonresidential corridor. Access to the site is along its Davenport Road frontage with no access to the residential community to the east or

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west. Based on the requested amendments in context with the built environment, staff supports the applicant’s request, subject to the attached site plan and staff’s recommended conditions. Landscaping: The site possesses minimal landscaping. The requested amendment does not trigger any additional landscape requirements. Parking: The requested amendment will require ten additional off-street parking spaces. These spaces are provided in the location shown on the attached site plan.

Traffic: The Engineering Section of the Department of Development Services has reviewed a required traffic management plan (TMP) as required by SUP No. 1629 and determined no additional infrastructure will be required at this time. It should be noted that the required TMP must be submitted on an annual basis in the summer prior to the start of the school year. Since the TMP was not submitted in the prior year (summer, 2007), the applicant has been notified to prepare future study documents as required by ordinance. CPC ACTION (November 20, 2008) Motion: It was moved to recommend approval of an amendment to Specific Use Permit No. 1629 for a Private school, subject to a site plan and staff’s revised conditions on property zoned a CS Commercial Service District, on the east line of Davenport Road, north of Crestland Avenue.

Maker: Wolfish Second: Lozano Result: Carried: 14 to 0

For: 14 - Prothro, Gary, Davis, Rodgers, Lozano,

Bagley, Lavallaisaa, Weiss, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar

Against: 0 Absent: 0 Vacancy: 1 - District 2

Notices: Area: 200 Mailed: 15

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Replies: For: 6 Against: 5 Speakers: For: Santos Martinez, 900 Jackson St., Dallas, TX, 75202

Against: None

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CPC recommended amending conditions for SUP No. 1629

6. CLASSROOMS: The maximum number of classrooms is two one. 7. ENROLLMENT: Enrollment in the private school may not exceed 50 25.

8. HOURS OF OPERATION: The private school may operate between 7:00 9:00 a. m. and 6:30 p. m., Monday through Thursday, and from 9:00 a. m. and 12:00 p. m, Friday and Saturday.

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Page 1 of 1 9/22/2008 Notification List of Property Owners Z078-286 15 Property Owners Notified Label # Address Owner o1 17738 DAVENPORT TEXAS TORAH INSTITUTE 2 6415 NUTWOOD DUSKEY SHIRLEY A 3 6409 NUTWOOD JUTTE MARTHA J 4 6408 NUTWOOD CHINMAYA MISSION DALLAS FT WORTH x5 17730 DAVENPORT MINTER AMOS D & AMY L o6 17752 DAVENPORT HERSON RODNEY x7 6717 LEVELLAND MINTER AMOS D & AMY L % THE MINTER CORP x8 6801 LEVELLAND MINTER AMOS & AMY % THE MINTER CORP o9 6825 LEVELLAND LEVELLAND D & S PROPERTIES LP o10 6602 HYACINTH BANNERT JOHN E & MICCHEL A x11 17811 DAVENPORT DAVENPORT PROPERTIES L P 12 17701 DAVENPORT CHINMAYA MISSION DFW o13 6721 LEVELLAND GULLEY RODGER L & SHIRLEY MAY GULLEY x14 6719 LEVELLAND MINTER AMOS D & AMY L o15 17740 DAVENPORT BOLD FAYE R TRUSTEE FOR JIMMY BOLD Monday, September 22, 2008

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N Pk Lovefied Comm Civic LeagueJoyce Lockley 4718 Wateka Dr. Dallas, TX 75209









Highlands North HA Mike Harvey 7606 Dornoch Ln Dallas, TX 75348

Highlands of McKamy Ben G. King 7024 Judi Street Dallas, TX 75252

Jackson Highlands Bob Sappington 18028 Benchmark Dr Dallas, TX 75252

N Dallas Neigb Alliance Lucie Bellew 7328 Williamswood Dr. Dallas, TX 75252

N Dallas Neigb Alliance Marla Beikman PO Box 793551 Dallas, TX 75379

Oakdale HOA Blake Cowden 5111 Oak Tree Circle Dallas, TX 75287


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Plano ISD Jim Damm 2700 W. 15th St Plano, TX 75075

Preston Bend HA Mark Jajielski 6310 Contour Dr. Dallas, TX 75248

Preston Creek HOA Bob Franklin 17201 Hidden Glen Dr. Dallas, TX 75248

Preston Highlands HOA Karen L Phaneuf 18615 Crownover Ct Dallas, TX 75252

Preston Trails Dr Stacy Stephens 5936 Gladeside Court Dallas, TX 75248


Roehampton HOA Allen Eubanks 6024 Thursby Avenue Dallas, TX 75252

ENZ078-286

AGENDA ITEM # 38KEY FOCUS AREA:





MAPSCO: 14 H

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for multifamily uses on property zoned an MF-1(A) Multifamily District, on the northwest corner of Montfort Drive and Verde Valley Lane Recommendation of Staff and CPC: Approval, subject to a development plan and conditionsZ078-293(WE)

1

HONORABLE MAYOR AND CITY COUNCIL WEDNESDAY, JANUARY 14, 2009

ACM: A. C. Gonzalez FILE NUMBER: Z078-293 (WE) DATE FILED: September 10, 2008 LOCATION: Montfort Drive and Verde Valley Lane, northwest corner COUNCIL DISTRICT: 11 MAPSCO: 14-H SIZE OF REQUEST: Approx. 5.79 acres CENSUS TRACT: 136.14 APPLICANT: CDP Development Company, LLC OWNER: Oram Properties, Ltd. REPRESENTATIVE: MASTERPLAN, Karl Crawley REQUEST: An application for a Planned Development District for

multifamily uses on property zoned an MF-1(A) Multifamily District.

SUMMARY: The purpose of this request is to permit the construction of a

310-unit multifamily development. The proposed multifamily development will include an architectural feature not to exceed 76 feet in height and a structure height of approximately 60 feet or 5 stories.

CPC RECOMMENDATION: Approval, subject to a development plan and conditions STAFF RECOMMENDATION: Approval, subject to a revised development plan and conditions

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BACKGROUND INFORMATION: • The applicant’s request for a Planned Development District for multifamily uses is

twofold: 1) reduce the rear and side yard setbacks requirements, and 2) increase the overall structure height and density of the proposed residential development.

• The applicant is proposing to construct a 310-unit multifamily development that will

have an interior parking structure and one architectural feature that will be oriented towards Verde Valley Lane and Montfort Drive.

• The surrounding land uses consist primarily of multifamily uses and a public school

on Verde Valley Lane. North and east of the request site is the City of Addison. The development within the City of Addison consists of a retail strip center to the north and retail and office uses to east, across Montfort Drive.

Zoning History: There has been one recent zoning change request in the area.

1. Z034-137 On March 24, 2004, the City Council approved a Planned Development District for a Public School other than an Open Enrollment Charter School and MF-1(A) Multifamily District uses and an amendment to Specific Use Permit No. 1277 for a public school and tower/antenna for cellular communication on property zoned an MF-1(A) Multifamily District and Planned Development No. 335 for mixed use development, bounded by Verde Valley Lane, Montfort Drive, Celestial Road and Noel Road.


Thoroughfare/Street Type Existing ROW

Proposed ROW

Montfort Drive Local 55 ft. 55 ft. Verde Valley Lane Local 30 ft. 30 ft.

Land Use:

Zoning Land Use Site MF-1(A) Multifamily

North City of Addison Retail South PD No. 676 School, Cellular tower East City of Addison Office, Single Family West PDD No. 291 Multifamily

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Comprehensive Plan: The fowardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The fowardDallas! Comprehensive Plan outlines several goals and policies to support the applicant’s request for multifamily uses. The proposed 310-unit multifamily development is located within the Business Center or Corridor building Block which represents major employment or shopping destinations outside of Downtown and is distinguished by a strong auto orientation. Even though the Business Centers or Corridors Building Blocks are primarily oriented towards commercial and offices uses, they also include some multi-family housing that would include low-to-mid -rise apartments, condos and townhomes. Land Use Goal 1.2 Promote Desire development Policy 1.2.1 Use Vision building blocks as a general guide for desired development patterns Economic Goal 2.1 Promote Balanced Growth. Policy 2.1.1 Ensure that zoning is flexible enough to respond to changing economic conditions. Land Use Plan: Greater Far North Dallas Area Land Use and Transportation Plan: The Greater Far North Dallas Area Land Use and Transportation Plan, Update, was adopted by the City Council in September 1995. The request site is located within an area of the Plan that is identified as “Commercial/Retail/Office Areas.” The plan recommends a high density (no limitation) for this area. In addition, the request site is contiguous to the City of Addison. Furthermore, the Plan recommends high rise offices and high density mixed use development in the core of the Dallas Parkway Center area. The goal is “to create a very urban, mixed use character where residential is encouraged as an important mixed use component (in order to increase the efficiency of the area by reducing traffic impacts).” The requested Planned Development District for multifamily uses will limit the total development to 310-units or a maximum density of approximately 54 dwelling units per acre. The proposed development will comply with the recommendation in the Greater Far North Dallas Area Land Use and Transportation Plan. The proposed increase in density will support the retail development within the City of Dallas and the adjacent retail development within the City of Addison.

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STAFF ANALYSIS: Land Use Compatibility: The 5.79 acre site is developed with a 137-unit multifamily development and is adjacent to several multifamily uses and an elementary school. The request property abuts the City of Addison, where the development is urban in nature. The development within the City of Addison consists of a large retail strip center to the north and retail and office uses to the east, across Montfort Drive. The applicant’s request for a Planned Development for a multifamily uses is twofold: 1) reduce the rear and side yard setbacks requirements, and 2) increase the overall structure height and density of the proposed residential development.

The applicant is proposing to redevelop the site with a 310-unit multifamily development that will have an interior parking structure that incorporates an architectural feature at the northeast corner of Verde Valley Lane and Montfort Drive. In addition, the applicant is proposing to limit the maximum height of the multifamily development to 60 feet or 5 stories, with the architectural features not to exceed 76 feet in height due to the site’s topography. The site slopes between 15 to 20 feet in a west to east direction towards Montford Drive. The increased height is consistent with the Greater Far North Dallas Area Land Use and Transportation Plan in promoting a higher density within the area but is not within a respectable height that is consistent with the adjacent multifamily and institutional development. The development surrounding the request site is PDD No. 291 which permits RR Regional Retail District and MF-2 Multifamily District uses. The Multifamily component within PDD No. 291 permits a maximum height of 45 feet. Planned Development District No. 676 for a public school is located south of the request site, across Verde Valley Lane, permits a maximum height of 32 feet. Staff has reviewed the request and recommends approval of the applicant’s request for a Planned Development District for a multifamily uses, subject to a revised development plan and staff’s recommended conditions. Staff believes that the overall development is compatible with the adjacent uses and is consistent with the recommendations in the Greater Far North Dallas Area Land Use and Transportation Plan. Development Standards:


Density Height Lot Coverage

Special Standards PRIMARY Uses

MF-1(A) Multifamily

15’ 15’

Min lot 3,000 sq. ft. 1,000 sq ft – E

1,400 sq. ft – 1 BR 1,800 sq ft – 2 BR




PD for multifamily uses 15’ 10’ 310- units max 60’* 5-stories 60% Proximity

Slope Multifamily

* The proposed height of the Architectural feature is 70 feet with a 6 foot-high steeple.

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Parking: The applicant is requesting a reduction in the off-street parking for the one bedroom units. The applicant proposes to park the efficiency units and two bedroom units to the standards required by the Development Code and park the one bedroom units at a ratio of 1.30 spaces for each unit. The applicant agreed with staff recommendation to, at a minimum, limit the off-street parking ratio for the overall development to 1.50. Staff based our recommendation on the parking requirements for multifamily developments in the Oak Lawn District as well as the overall off-street parking requirements for a high to medium density multifamily development. In addition, staff agrees with the applicant’s request to reduce the off-street parking regulations for the accessory community center. The accessory community center will only be used internally by the tenants residing in the multifamily family development. Landscaping: Landscaping of any development will be in accordance with Article X requirements, as amended. All plant materials must be maintained in a healthy, growing condition. Traffic: The Engineering Section of the Department Development Services has reviewed the request and determined that it will not significantly impact the surrounding street system for the proposed development. CPC Action (October 23, 2008)

Motion: In considering an application for a Planned Development District for multifamily uses on property zoned an MF-1(A) Multifamily District, on the northwest corner of Montfort Drive and Verde Valley Lane, it was moved to hold this case under advisement until November 6, 2008.

Maker: Weiss Second: Prothro Result: Carried: 14 to 0





Speakers: None

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CPC Action (November 6, 2008)

Motion: It was moved to recommend approval of a Planned Development District for multifamily uses, subject to a revised development plan and staff’s recommended conditions on property zoned an MF-1(A) Multifamily District, on the northwest corner of Montfort Drive and Verde Valley Lane.

Maker: Buehler Second: Prothro Result: Carried: 14 to 0





Speakers: For: Karl Crawley, 900 Jackson St., Dallas, TX, 75202

Against: None

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Oram Properties Ltd., a Texas Limited Partnership

• Michael J. Ockstein, President, Secretary, Treasurer MJO Properties, Inc., a Texas Corporation – General Partner

• Michael J. Ockstein, President, Secretary, Treasurer CDP Development Company, LLC, a Delaware Corporation

• John J. Englert, Manager

• C. Christopher Harris, Manager

• Andrew S. Kaye, Manager

• W. Pretlow Riddick, Manager

• Jason D. Leeds, Vice President

LIST OF OFFICERS ORAM PROPERTIES, LTD

LIST OF OFFICERS CDP DEVELOPMENT COMPANY, LLC

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“ARTICLE

PD

SEC. 51P- .101. LEGISLATIVE HISTORY. PD 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 at the northwest corner of Montfort Drive and Verde Valley Lane. The size of PD is approximately 5.79 acres.

SEC. 51P- .103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A.

(c) This district is considered to be a residential zoning district.

SEC. 51P- .104. EXHIBIT. The following exhibit is incorporated into this article: Exhibit A: development plan.

SEC. 51P- .105. DEVELOPMENT PLAN. Development and use of the Property must comply with the development plan (Exhibit A). If there is a conflict between the text of this article and the development plan, the text of this article controls.

CPC CONDITIONS

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SEC. 51P- .106. MAIN USES PERMITTED.

The only main uses permitted in this district are those main uses permitted in the MF-1(A) Multifamily District, subject to the same conditions applicable in the MF-1(A) Multifamily District, as set out in Chapter 51A. For example, a use permitted in the MF-1(A) Multifamily District only by specific use permit (SUP) is permitted in this district only by SUP; a use subject to development impact review (DIR) in the MF-1(A) Multifamily District is subject to DIR in this district; etc.

SEC. 51P- .107. ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (b) The following accessory uses are not permitted: -- Accessory outside display of merchandise. -- Accessory outside sales. -- Accessory pathological waste incinerator. (c) The following accessory use is permitted by SUP only: -- Accessory helistop. SEC. 51P- .108. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. In the event of a conflict, between this section and Division 51A-4.400, this section controls.) (a) Front yard. (1) Except as provided in this subsection, minimum front yard is 15 feet or as shown on the development plan. (2) The urban form setback in Section 51A-4.116(b)(4)(A)(ii) does not apply. (3) Cantilevered roof eaves and balconies may project up to four feet into the required front yard. Stoops and stairs not exceeding eight feet in width, four feet in height from grade to the top of the stairs, and two-and-one-half feet in height from grade to the top of the landing may extend up to five feet into a required front yard.

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(b) Side and rear yard. (1) Except as provided in this subsection, minimum side and rear yard is 10 feet. (2) The tower spacing regulations in Section 51A-4.116(4)(B)(ii) does not apply. (3) Cantilevered roof eaves and balconies may project up to four feet into the required side and rear yard. Stoops and stairs not exceeding eight feet in width, four feet in height from grade to the top of the stairs, and two-and-one-half feet in height from grade to the top of the landing may extend up to five feet into a required side or rear yard. (c) Density. Maximum number of dwelling units is 310. (d) Floor area ratio. No maximum floor area ratio. (e) Height. (1) Except as provided in this subsection, maximum structure height is 70 feet, measured to the highest point, in the location shown on the development plan. Architectural elements in Section 51A-4.408(a)(2)(A) may project a maximum of six feet above the maximum structure height. Roof-mounted mechanical equipment, skylights, and solar panels must be screed or set back so that they are not visible at the property line. (2) In all other locations, maximum structure height is 60 feet, measured to the highest point. Architectural elements in Section 51A-4.408(a)(2)(A) may project a maximum of 12 feet above the maximum structure height. Roof-mounted mechanical equipment, skylights, and solar panels must be screed or set back so that they are not visible at the property line. (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 is required. (h) Stories. Maximum number of stories is five. SEC. 51P- .109. OFF-STREET PARKING AND LOADING.

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

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(b) For multifamily uses, the following off-street parking spaces are required, with a minimum average of one and one-half parking spaces required for each dwelling unit in a multifamily structure: (1) one space for each efficiency unit; (2) one and one-third spaces for each one bedroom unit; and (3) two spaces for each two bedroom unit. (c) For an accessory community center (private) use, one space per 500 square feet of floor area is required. SEC. 51P- .110. ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI.

SEC. 51P- .111. LANDSCAPING. (a) Except as provided in this section, landscaping must be provided in accordance with Article X. (b) Plant materials must be maintained in a healthy, growing condition. (c) Along Montfort Drive and Verde Valley Lane, street trees must be provided at a ratio of one tree for every 30 feet of frontage, excluding driveways. Small trees may be substituted for large trees if the Building Official determines that a large street tree will interfere with overhead utility lines. Existing trees within 30 feet of the street curb may count toward the street tree requirements. SEC. 51P- .112. SIGNS. Signs must comply with the provisions for non-business zoning districts in Article VII. SEC. 51P- .113. ADDITIONAL PROVISIONS. (a) The Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city.

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SEC. 51P- .114. COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard City of Dallas specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use in this district, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. 51P- .116. ZONING MAP. PD _____ is located on Zoning Map No.C-7.”

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PROPOSED DEVELOPMENT PLAN

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City of Addison

City of Addison

Multifamily

Multifamily

School & Cellular tower

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1

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CPC RESPONSES

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Notification List of Property Z078-293

179 Property Owners Notified Label # Address Owner 1 14735 MONTFORT ORAM PROPERTIES LTD 2 5100 VERDE VALLEY COOK JOHN CHESTER & MARTHA JEAN 3 5100 VERDE VALLEY BROWN SHARON BLDG 101 UNIT 109 4 5100 VERDE VALLEY FLEKSER BARBARA L UNIT 110 5 5100 VERDE VALLEY CROSIER FRANKLIN 6 5100 VERDE VALLEY NAKASHIMA CARTER L # 112 7 5100 VERDE VALLEY MATA OMAR 8 5100 VERDE VALLEY SPENCE DONALD E BLDG 101 UNIT 114 9 5100 VERDE VALLEY KIBLER CHRISTOPHER # 208 10 5100 VERDE VALLEY ZAMORA ARTURO JR UNIT 3841 11 5100 VERDE VALLEY WINTZ DOUGLAS W BLDG 101 12 5100 VERDE VALLEY LESIEUR DENNIS BLDG 101 UNIT 211 13 5100 VERDE VALLEY DEJIMEMEZ SOCORRO L BLDG 102 UNIT 115 14 5100 VERDE VALLEY STOKES VERNON JR UNIT 116 15 5100 VERDE VALLEY HOLDCROFT ROBERT G # 117 16 5100 VERDE VALLEY ONGAY DONNA L 17 5100 VERDE VALLEY BOGNER BEAUEN A BLDG 103 UNIT 119 18 5100 VERDE VALLEY MARTINEZ TOMAS UNIT 120 19 5100 VERDE VALLEY ERSAN OKTAY & UNIT 121 20 5100 VERDE VALLEY PETZOLD DAVID BLDG 103 UNIT 122 21 5100 VERDE VALLEY MOSES GARY J TRUSTEE MOSES FAMILY LIVING

TRUST 22 5100 VERDE VALLEY MILES ALLEN M BLDG 103 UNIT 124 23 5100 VERDE VALLEY HARRIS CYNTHIA W UNIT 125 24 5100 VERDE VALLEY KOO JIMMY APT 103225 25 5100 VERDE VALLEY ANDUJO OSCAR F UNIT 126 26 5100 VERDE VALLEY ST ROMAIN SUNDI BLDG 104 UNIT 127

Wednesday, October 08, 2008

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Label # Address Owner 27 5100 VERDE VALLEY PAYNE MICHELLE RENEE BLDG 104 UNIT 128 28 5100 VERDE VALLEY BARSCH RANDALL C BLDG 104 UNIT 129 29 5100 VERDE VALLEY MCCARTY JANICE D UNIT 130 30 5100 VERDE VALLEY PALTSEV YURI & GALINA RESHETOVA 31 5100 VERDE VALLEY CARRINGTON JEFF # 229 32 5100 VERDE VALLEY ROSEBERRY CORKY BLDG 105 UNIT 131 33 5100 VERDE VALLEY LEIFESTE JOSHUA LUKE APT 132 34 5100 VERDE VALLEY BROWN CLIFFORD E BLDG 105 UNIT 133 35 5100 VERDE VALLEY ALLAN AUTUMN L BLDG 105 UNIT 134 36 5100 VERDE VALLEY TUSKAN YAZANIA BLDG 105 UNIT 135 37 5100 VERDE VALLEY ALEGRIA ADALIZ A # 136 38 5100 VERDE VALLEY MCBRIDE PETER A UNIT 232 39 5100 VERDE VALLEY LUCIANO CHRISTOPHER & ANDREA 40 5100 VERDE VALLEY KORAEV A SLAN R 41 5100 VERDE VALLEY ORR ROBERTA P & BILLY SANDERS 42 5100 VERDE VALLEY WEBER JAMES C APT 137 43 5100 VERDE VALLEY MERCER STEWART A & NOELLE 44 5100 VERDE VALLEY SIMS MICHAEL L UNIT 139 45 5100 VERDE VALLEY CLARK DEBBIE A UNIT 140 46 5100 VERDE VALLEY KANE SUZANNE 47 5100 VERDE VALLEY BUI THAO LINH APT 142 48 5100 VERDE VALLEY ASHBERRY SHANNON APT 238 49 5100 VERDE VALLEY NATHLICH JOHN W & DONNA L 50 5100 VERDE VALLEY BRIGGS MARGUERITE L BLDG 106 UNIT 240 51 5100 VERDE VALLEY PAXTON JOHN DAVID UNIT 241 52 5100 VERDE VALLEY BOWYER AMY M APT 143 53 5100 VERDE VALLEY POLITE GIRAUD BLDG 107 UNIT 144 54 5100 VERDE VALLEY SOBIESKI MARGARET 55 5100 VERDE VALLEY WONG ICY H # 146 56 5100 VERDE VALLEY BLANTON JOHN JR 57 5100 VERDE VALLEY WITHARANE HARISCHANDRA & CHANDRA


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Label # Address Owner 58 5100 VERDE VALLEY LIN YAOHSIN BLDG 107 UNIT 245 59 5100 VERDE VALLEY KEILEN JOHN L #246 60 5100 VERDE VALLEY BLANTON JOHN R JR 61 5100 VERDE VALLEY SLABAUGH DARRELL E & DEBORA V 62 5100 VERDE VALLEY BROWN DEGAL BLDG 108 UNIT 149 63 5100 VERDE VALLEY NORDSETH STEVEN L & JUDY 64 5100 VERDE VALLEY TOLES WILLIAM UNIT 151 65 5100 VERDE VALLEY HOWARD JAMELIA BLDG 109 UNT 152 66 5100 VERDE VALLEY HOBLEY ROBERT A JR 67 5100 VERDE VALLEY YIM YIK MING BLDG 109 UNIT 154 68 5100 VERDE VALLEY CHRISTIAN LEVI JR BLDG 110 UNIT 155 69 5100 VERDE VALLEY MURRAY CATHERINE M UNIT 156 70 5100 VERDE VALLEY ISOM DARCI S # 157 71 5100 VERDE VALLEY CHEN CHU MEI-JUNG UNIT 255 BLDG 110 72 5100 VERDE VALLEY BARNES THOMAS BLDG 110 UNIT 256 73 5100 VERDE VALLEY OH DOUGLAS J APT 158 74 5100 VERDE VALLEY TRIMAJ TOMAS BLDG 111 UNIT 159 75 5100 VERDE VALLEY MOE RICHARD E BLDG 111 UNIT 160 76 5100 VERDE VALLEY FANG JINGHUI 77 5100 VERDE VALLEY YEN YU CHEN UNIT 260 78 5100 VERDE VALLEY GROSS CHARLES R BLDG 112 UNIT 161 79 5100 VERDE VALLEY LARUSSA JAMES K 80 5100 VERDE VALLEY GLENN DENISE BLDG 113 UNIT 164 81 5100 VERDE VALLEY FADOIR SARAH S APT 165 82 5100 VERDE VALLEY WESTON FRANKIE R UNIT 166 83 5100 VERDE VALLEY WASHINGTON DAVIN D UNIT 167 84 5100 VERDE VALLEY STAHL ANGELA J BLDG 113 UNIT 267 85 5100 VERDE VALLEY WEINBERG MARY A BLDG 114 UNIT 168 86 5100 VERDE VALLEY BRICKEY ROBERT 87 5100 VERDE VALLEY PHEARSE CYNTHIA & BRUCE APT 170 88 5100 VERDE VALLEY DICKEY EUGENE WESLEY


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Label # Address Owner 89 5100 VERDE VALLEY HAVARD VINCENT # 172 90 5100 VERDE VALLEY HOUSMAN XAN # 268 91 5100 VERDE VALLEY MCWHORTER KATHY DONTJE UNIT 269 92 5100 VERDE VALLEY BOBULA MATTHEW J # 270 93 5100 VERDE VALLEY COX-SILVEY MARTHA C & APT 271 94 5100 VERDE VALLEY BIRK DAVID BRIAN APT 173 95 5100 VERDE VALLEY ABSHIRE KEVIN G #174 96 5100 VERDE VALLEY BROWN LUANN UNIT 175 97 5100 VERDE VALLEY CHAN MAN HUNG BLDG 115 UNIT 176 98 5100 VERDE VALLEY PIETZSCH BEATRICE L BLDG 115 UNIT 177 99 5100 VERDE VALLEY DOBBINS DARREN L BLDG 115 UNIT 273 100 5100 VERDE VALLEY BARDI DINA H UNIT 274 101 5100 VERDE VALLEY GREEN RONALD # 275 102 5100 VERDE VALLEY JOHNSTON CLAY UNIT 276 103 5100 VERDE VALLEY JONES CHADWICK D APT 277 104 5100 VERDE VALLEY KUHNSHAVER MARY ANN # 178 105 5100 VERDE VALLEY WANG GEORGE BLDG 116 UNIT 179 106 5100 VERDE VALLEY SALOS JENNIFER A BLDG 116 UNIT 180 107 5100 VERDE VALLEY GOLDBERG JEFFREY L BLDG 116 UNIT 181 108 5100 VERDE VALLEY NGUYEN TWEEDY BLDG 116 UNIT 182 109 5100 VERDE VALLEY MURILLO YENDRY APT 278 110 5100 VERDE VALLEY GARVEY SUSAN M APT 279 111 5100 VERDE VALLEY VENEGAS IAN BLDG 116 UNIT 280 112 5100 VERDE VALLEY BYRNE SCOTT # 281 113 5100 VERDE VALLEY WHITE J SCOTT BLDG 116 UNIT 282 114 5100 VERDE VALLEY KILLEN SHARON UNIT 183 BLDG 117 115 5100 VERDE VALLEY EVANS BILLIE C & HARDY BLDG 117 UNIT 184 116 5100 VERDE VALLEY MATHEWS ALLISON BLDG 117 UNIT 185 117 5100 VERDE VALLEY ROSE ALICIA L BLDG 117 118 5100 VERDE VALLEY DWIRE RHONDA L UNIT 283 119 5100 VERDE VALLEY JOHNSON JAMES C


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Label # Address Owner 120 5100 VERDE VALLEY BARTLETT MARK # 285 121 5100 VERDE VALLEY KROCHMAL GREGORY APT 187 122 5100 VERDE VALLEY LISMEY CASTRO BLDG 118 UNIT 188 123 5100 VERDE VALLEY HOEGGER JERRY BLDG 118 UNIT 189 124 5100 VERDE VALLEY BOWEN ROBERT UNIT 190 125 5100 VERDE VALLEY DOMINGUEZ DYLAN R BLDG 118 UNIT 191 126 5100 VERDE VALLEY ROBINSON GETHON 127 5100 VERDE VALLEY MCDERMOTT WILLIAM F UNIT 287 128 5100 VERDE VALLEY BELINA NADIA BLDG 118 UNIT 288 129 5100 VERDE VALLEY MOSSA TANA M UNIT 289 130 5100 VERDE VALLEY CULIVER TALIBAH BLDG 118 UNIT 290 131 5100 VERDE VALLEY WOODHAM BRENDA UNIT 101 132 5100 VERDE VALLEY ORLICH CLAIRE PATRICIA & KATHERINE ORLICH 133 5100 VERDE VALLEY LOK YIN HAR #103 134 5100 VERDE VALLEY NORDSETH STEVEN & JUDY 135 5100 VERDE VALLEY BLANTON JOHN R 136 5100 VERDE VALLEY DOYLE BRIAN P APT 107 137 5151 VERDE VALLEY SABINO RENAISSANCE PARC LP 138 14606 DALLAS LA DAVAPTS INC % URDANG & ASSOC #321 139 5201 CELESTIAL DALLAS ISD 140 14905 OAKS NORTH BORDERS JOHN M & PAMELA J 141 14901 OAKS NORTH SOUERS THOMAS M & LILLIAN G 142 14897 OAKS NORTH THORNTON KALEN B 143 5329 PALADIUM WHITE R DAVID 144 5325 PALADIUM CHEN STAR 145 5321 PALADIUM KAHANEK MARY L KAHANEK LEROY GENE X 146 5317 PALADIUM ARNOLD ELVIN F & JEANNE W 147 5313 PALADIUM EVANS STEVEN A 148 5309 PALADIUM FRANKLIN SHYRLEE A X 149 5305 PALADIUM LOOMIS KATHRYN K 150 5301 PALADIUM COMU CENGIZ J


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Label # Address Owner 151 5300 PALADIUM HUTSON THOMAS E 152 5304 PALADIUM GADD ROGER B 153 5308 PALADIUM FOLKES RONALD P & LAURA E WHITMIRE 154 5312 PALADIUM HATCHETT FRANK JR 155 5316 PALADIUM MEYER JAMES E 156 5320 PALADIUM SHING KEITH X 157 14801 BUCKINGHAM ALEXANDER JAMES W & SANDRA L 158 14799 BUCKINGHAM WILLIAMS BARRY J & KAREN D X 159 14797 BUCKINGHAM EVANS WILLIAM I III & JANICE W EVANS 160 14795 BUCKINGHAM AZAD VAHID FARJAD & CAROL AZAD 161 14793 BUCKINGHAM TOMPKINS STEVEN B 162 14791 BUCKINGHAM FRAZER MARVIN P & GLYNDA L TURNER 163 14789 BUCKINGHAM HUIE MINDY SUE 164 14787 BUCKINGHAM BEAL WESLEY E ETAL X 165 14785 BUCKINGHAM JAMES GARTH F & 166 14783 BUCKINGHAM KERBER IRWIN J & PAULA E 167 14781 BUCKINGHAM HERNDON JAMES BELL II & KATHRYN MANN X 168 14785 LOCHINVAR HENRY GEORGE & CAROLYN A 169 14775 LOCHINVAR CHIKALLA MARK X 170 14775 BEDIVERE PALLADINO PETER A 171 14773 BEDIVERE KIRTLEY GARY 172 14810 LOCHINVAR MARTIN CHARLES H & ANN B 173 14820 LOCHINVAR NOLAN JOHN 174 14830 LOCHINVAR DODSON HERBERT W & LYNN E 175 14840 LOCHINVAR MELLOW ROGER S & HARRIET L 176 14850 MONTFORT ADDISON PONDS REAL ESTATE INC 177 5100 BELT LINE ATV PARTNERS LTD SUITE 300 178 5100 BELT LINE VOP BELTLINE LTD PS SUITE 2200 179 14860 MONTFORT FSLIC REC VERNON S & L SUITE 107 LB 10


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Highlands I & II Lucie Bellew 7328 Williamswood Dr Dallas, TX 75252

McShann Estates NA Dr.Robert Prince, Jr. 5708 McShann Rd. Dallas, TX 75230-1709

N Dallas Neigh Alliance Rose Harder 18484 Preston Rd #102 Dallas, TX 75252

N Dallas Neigb Alliance Lucie Bellew 7328 Williamswood Dr. Dallas, TX 75252


Northaven Park NA Edwin B Bright 3969 Alta Vista Ln Dallas, TX 75229

Preston Villa HA Ann Murphy 19126 Windmill Lane Dallas, TX 75252

Randco Inc Edith Tyloch 13548 Red Fern Ln Dallas, TX 75240

ENZ078-293






MAPSCO: 22 R

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting a CS Commercial Service District on property zoned an IR Industrial Research District on the southeast corner of Walnut Hill Lane and Stemmons FreewayRecommendation of Staff and CPC: ApprovalZ078-298(MAW)

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FILE NUMBER: Z078-298 (MAW) DATE FILED: September 11, 2008

LOCATION: Southeast corner of Walnut Hill Lane and Stemmons Freeway

COUNCIL DISTRICT: 6 MAPSCO: 22-R

SIZE OF REQUEST: ±1.353 acres CENSUS TRACT: 99.00 APPLICANT/OWNER: Walnut Hill I-35 Enterprises LLC REQUEST: An application for a CS Commercial Service District on

property zoned an IR Industrial Research District. SUMMARY: The applicant proposes to operate a liquor store in a portion

of the existing building located on the request site. CPC RECOMMENDATION: Approval STAFF RECOMMENDATION: Approval

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• The ±1.353-acre request site is currently developed with a convenience store, which sells beer and wine, a gas station and carwash and a restaurant with drive-through service.

• No changes to the existing building are proposed by this application.

• The request site is surrounded by a drive-through restaurant and a gas station to

the north; a bar and bank to the northeast; a gas station, liquor store, restaurant and bowling alley to the east; a commercial amusement (inside) and bar to the south; and Stemmons Freeway access road to the west.

Zoning History:

1 Z045-226: On August 24, 2005, the City Council approved a CS Commercial Service District on property zoned an IR Industrial Research District.

2. B067-118: On August 15, 2007, the Board of Adjustment approved a landscape special exception.



Walnut Hill Lane Major Arterial 100 feet

Composite Drive Minor Arterial 60 feet Land Use:

Zoning Land Use

Site IR Convenience store and drive-through restaurant

North IR Restaurant; gas station

Northeast MC-4 Bar; bank

East IR Gas station; liquor store; restaurant

South IR Commercial amusement (inside) and bar

West CS Stemmons Freeway

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STAFF ANALYSIS: Comprehensive Plan: The subject site is identified as being within a Business Center or Corridor on the forwardDallas! Vision Illustration, adopted June 2006. Business centers function as major employment or shopping destinations outside of Downtown and are usually located at major intersections or along highways or major arterials and rely heavily on car access. The requested CS Commercial Service District provides for the development of commercial and business serving uses that may involve outside storage, service or display. Typical uses include vehicle repair shops, cabinet shops, welding shops, warehouses and certain retail and office uses. While the Business Center Building block may better support a retail zoning district, the applicant’s request is not considered inconsistent with the Comprehensive Plan. Furthermore, the request complies with the following goal and policy of the Comprehensive Plan. URBAN DESIGN ELEMENT GOAL 5.1 Promote a sense of place, safety and walkability

Policy 5.1.3: Encourage complementary building height, scale, design and character.

While the IR Industrial Research District allows a maximum height of 200 feet, the area is development primarily with single story buildings which are commercial in nature. Consistent with the established development pattern, the request site is utilized for a convenience store, gas station, carwash and restaurant with drive-through service. The applicant proposes to operate a liquor store in a portion of the existing building located on the request site. Area Plans: The request site is within the boundaries of the Stemmons/Harry Hines Corridor Implementation Study, dated October 1, 1996. The principal objective of the study was to create a strategic plan for the revitalization of the area and to capitalize on business trends within the corridor. The study made recommendations for standards and guidelines to help identify the limits of the Asian Trade District, located east of the request site, along Harry Hines Boulevard. The request site is within an area identified by the study as a Commercial/Entertainment District. Within the study area, the location and type of commercial business is influenced by the wet/dry line, which follows Walnut Hill Lane along its south right-of-way line. Generally, businesses located south of Walnut Hill Lane tend to be restaurant/entertainment in nature due to their ability to sell liquor, while commercial business located north of Walnut Hill Lane are inclined to be retail.

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The proposed CS Commercial Service District and liquor store use are consistent with the desired development pattern identified in study. Land Use Compatibility: The ±1.353-acre request site is currently developed with a convenience store, which sells beer and wine, a gas station and carwash and a restaurant with drive-through service. While no changes to the existing building are proposed by this application, the request would allow the applicant to operate a liquor store on the site. The request site is surrounded by a drive-through restaurant and a gas station to the north, a bar to the northeast, a gas station, liquor store, restaurant and bowling alley to the east, a commercial amusement (inside) and bar to the south and Stemmons Freeway access road to the west. The proposed CS Commercial Service District and liquor store use are considered consistent with the surrounding IR Industrial Research, MC-4 Multiple Commercial and CS Commercial Service Districts and land uses, which are primarily retail and personal service in nature. Development Standards:



CoverageSpecial

Standards PRIMARY Uses

Existing

IR Industrial research 15’

30’ adj. to residential Other: no min.

2.0 FAR overall 0.75 office/ retail 0.5 retail

200’ 15 stories

80% RPS Visual Intrusion

Industrial, wholesale distribution & storage, supporting office & retail

Proposed

CS Commercial Service

15’ 0’ on minor

20’ adj. to residential Other: no min.

0.75 overall 0.5 office/lodging retail combined

45’ 3 stories 80%

RPS Visual Intrusion

Commercial and business service; supporting retail and personal service and office

Traffic:

The Engineering Section of the Building Inspection Division of the Department of Development Services has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. Parking: The current general retail use requires one parking space per 200 square feet of floor area, as does the proposed liquor store use. Therefore the 2,505-square foot suite would require 13 spaces for either use. Any new development will be required to meet the provisions of Division 51A-4.200.

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Landscaping: Since no increase in floor area is proposed by this application, landscaping is not required. However, if additional floor area is proposed in the future, landscaping will be required per Article X of the Dallas Development Code.

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CPC ACTION: November 6, 2008 Motion: It was moved to recommend approval of a CS Commercial Service District on property zoned an IR Industrial Research District on the southeast corner of Walnut Hill Lane and Stemmons Freeway.

Maker: Lozano Second: Rodgers Result: Carried: 14 to 0

For: 14 - Prothro, Gary, Davis, Rodgers, Lozano, Bagley,

Lavallaisaa, Weiss, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar


Motion to Reconsider: It was moved to reconsider the action taken previously, which was to recommend approval of a CS Commercial Service District on property zoned an IR Industrial Research District on the southeast corner of Walnut Hill Lane and Stemmons Freeway.

Maker: Emmons Second: Weiss Result: Carried: 14 to 0

For: 14 - Prothro, Gary, Davis, Rodgers, Lozano, Bagley,

Lavallaisaa, Weiss, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar


Motion: It was moved to recommend approval of a CS Commercial Service District on property zoned an IR Industrial Research District on the southeast corner of Walnut Hill Lane and Stemmons Freeway.

Maker: Lozano Second: Rodgers Result: Carried: 14 to 0

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For: 14 - Prothro, Gary, Davis, Rodgers, Lozano, Bagley, Lavallaisaa, Weiss, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar


Notices: Area: 300 Mailed: 17 Replies: For: 0 Against: 7 Speakers: For: Pamela Craig, 1720 Regal Rd., Dallas, TX, 75235 Against: None

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Z078-298 (MAW)

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Gas Station

Liquor Store

Restaurant

Bowling Alley

Commercial Amusement (Inside)

and Bar

Restaurant; Gas Station

Gas Station

Undeveloped

Bank Bar

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1

2

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CPC Responses

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Notification List of Property Owners Z078-298

17 Property Owners Notified

Label # Address Owner 1 2410 WALNUT HILL WALNUT HILL I35 ENT LLC 2 10901 STEMMONS MILLION DOLLAR SALOON INC 3 10960 COMPOSITE PUBCO CORP % GLENN W DAY X 4 10920 COMPOSITE USA BOWL LLC X 5 2450 WALNUT HILL MAJOKO LLC X 6 2460 WALNUT HILL KAJOLMA LLC X 7 2440 WALNUT HILL BOSCHERT DANIEL S & KAREN N X 8 10965 COMPOSITE SR COMPOSITE PROPERTY LLC X 9 10945 COMPOSITE COMPOSITE PPTIES II LLC 10 2377 WALNUT HILL WALLCON EQUITIES 2 LTD 11 2377 WALNUT HILL MORGAN BUILDING SYSTEMS 12 10967 STEMMONS VAN FOUR LTD 13 2421 WALNUT HILL JMK INVESTMENT LLC STE 350 X 14 2439 WALNUT HILL SADIQ MOHAMMED 15 2401 WALNUT HILL LEWIS PAUL D NO 5 LTD PS STE 100-123 16 2441 WALNUT HILL WALNUT ABLES LTD 17 2441 WALNUT HILL BURGER KING #3092 % PPTY TAX ACCOUNTANT

Friday, October 17, 2008

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Gables on Royal Ln NA John Mahood 3115 Royal Lane Dallas, TX 75229

Neighbors Against SOB's Mary Lou Zijderveld 10140 Rockmoor Ct Dallas, TX 75229

Walnut Hill Business Owners JimWiley/Glen Wiley P O Box 541323 Dallas, TX 75354

Walnut Hills NA Mike Gomez 3143 Waldrop St Dallas, TX 75229

ENZ078-298






MAPSCO: 63 W

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for a mini-warehouse use on property zoned a MU-2 Mixed Use District on the north side of Gannon Lane, west of Westmoreland RoadRecommendation of Staff and CPC: Approval for a ten-year period with eligibility for automatic renewal for additional ten-year periods, subject to a site plan and conditionsZ078-300(MAW)

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FILE NUMBER: Z078-300 (MAW) DATE FILED: September 15, 2008

LOCATION: North side of Gannon Lane, west of Westmoreland Road

COUNCIL DISTRICT: 8 MAPSCO: 63-W

SIZE OF REQUEST: ±3.55 acres CENSUS TRACT: 166.07

REPRESENTATIVE: Joe Bowers

APPLICANT/OWNER: Don Valk REQUEST: An application for a Specific Use Permit for a mini-

warehouse use on property zoned a MU-2 Mixed Use District.

SUMMARY: The purpose of this request is to allow a mini-warehouse

project which will include 67,800 square feet devoted to storage units and 1,325 square feet for office/caretaker’s quarters.

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

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• The 3.55-acre request site is currently undeveloped. • The applicant proposes a mini-warehouse project which will include 67,800

square feet devoted to storage units and 1,325 square feet for office/caretaker’s quarters.

• The request site is surrounded by Interstate 20 to the north, a private club-bar

and retail to the east, multifamily to the south and vacant retail buildings to the west, one of which appears to operate as a church.

Zoning History:

1. Z045-173:

On June 23, 2005, the City Plan Commission recommended denial of a Specific Use Permit for an Alcoholic Beverage Establishment to be used as a Private-Club Bar on property zoned an MU-2 Mixed Use District. The applicant did not appeal to City Council. It should be noted that SUP No. 1332 for a Private-Club Bar was approved for the entire retail center containing the request site in 1997 for a two-year period and amended in 1999 for a ten-year time period with eligibility for automatic renewals for additional ten year periods.



Gannon Drive Minor Arterial 64 feet

Westmoreland Road Principal Arterial 100 feet Land Use:

Zoning Land Use

Site MU-2 Undeveloped

North MU-2 I-20

East MU-2 with SUP 1332 Private club-bar; Retail

South MU-1 Multifamily

West MU-2 Vacant retail

Z078-300 (MAW)

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STAFF ANALYSIS: Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration, adopted June 2006, is comprised of a series of Building Blocks that depicts general land use patterns. Building Blocks are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The Vision Illustration depicts the request site as within a Business Center or Corridor. This building block represents major employment or shopping destinations outside of downtown. Business Centers are usually at major intersections or along highways or major arterials and rely heavily on car access. These areas typically include high-rise office towers and low- to mid-rise residential buildings including multifamily housing. Land Use Compatibility: The ±3.55-acre request site is zoned an MU-2 Mixed Use District and is currently undeveloped. The MU-2 Mixed Use District allows for the development of medium density retail, office, and residential uses and is designed to encourage a mixture of these uses on single or continuous building sites. The land uses surrounding the request site include Interstate 20 to the north, a private club-bar and retail to the east, multifamily to the south and vacant retail buildings to the west, one of which appears to operate as a church. To mitigate the impact of the proposed mini-warehouse project on adjacent properties and to ensure the compatibility with the uses which are permitted by right in the district, staff recommends an SUP condition to require all perimeter walls to have a masonry façade. Masonry may be kiln fired brick, split face CMU, stucco or exposed aggregate concrete. In addition, staff recommends that screening fences must be constructed of brick, stone, wrought iron, a similar material, or a combination of materials. 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.

Z078-300 (MAW)

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The applicant’s request; subject a site plan and conditions, complies with the general provisions for consideration of an SUP. Traffic: The Engineering Section of the Building Inspection Division of the Department of Development Services has reviewed the requested amendment and determined that it will not significantly impact the surrounding roadway system. Parking: Pursuant to §51A-4.213 of the Dallas Development Code, the off-street parking requirement for a mini-warehouse use is one space per 3,000 square feet of floor area and one space per 500 square feet of caretaker’s quarters, including the office space; however, no more than two spaces are required for the caretaker’s quarters. Therefore, the proposed project would require 23 spaces. The applicant will provide 37 spaces, as depicted on the site plan. Landscaping: Landscaping will be required per Article X of the Dallas Development Code.

Z078-300 (MAW)

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CPC ACTION: November 20, 2008 Motion: It was moved to recommend approval of an application for a Specific Use Permit for a mini-warehouse use for a ten-year period with eligibility for automatic renewal for additional ten-year periods, subject to a site plan and conditions on property zoned a MU-2 Mixed Use District on the north side of Gannon Lane, west of Westmoreland Road.

Maker: Lavallaisaa Second: Ekblad Result: Carried: 13 to 1

For: 13 - Prothro, Gary, Rodgers, Lozano, Bagley, Lavallaisaa, Weiss,

Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar

Against: 1 - Davis Absent: 0 Vacancy: 1 - District 2

Notices: Area: 300 Mailed: 9 Replies: For: 0 Against: 0 Speakers: For: Joe Bowers, 1421 Winding Brook Cr., Dallas, TX, 75208

Against: None

Z078-300 (MAW)

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List of Partners/Principals/Officers: Owner: Don Valk, Sole Proprietor Assured Self-Storage

Z078-300 (MAW)

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CPC RECOMMENDED CONDITIONS

This Specific Use Permit is granted upon the following conditions:

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

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-year period), 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. Floor area: The maximum floor area for the storage area is 67,800 square feet in the location shown on the attached site plan. Maximum floor area for an office and caretaker's quarters is 1,325 square feet in the location shown on the attached site plan.

5. Parking: A minimum of 23 off-street parking spaces must be provided in the location

shown on the attached site plan. 6. Storage: Outside storage of vehicles, equipment, or any other materials is

prohibited. 7. Fences: If fencing or screening is provided, it must be constructed of brick, stone,

wrought iron or a similar material, or a combination of these materials. 8. Facade: To ensure compatibility with surrounding land uses, all facades facing the

perimeter of the Property must be masonry, including brick, split face CMU, stucco, or exposed aggregate concrete or a combination of these materials.

9. Maintenance: The Property must be properly maintained in a state of good repair

and neat appearance. 10. General Requirements: Use of the Property must comply with all federal and state

laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

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Proposed Site Plan

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Vacant Retail (Church)

Multifamily

Private Club-Bar

Retail

Vacant Retail

Retail and Personal

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1

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9 PROPERTY OWNERS NOTIFIED 0 REPLIES IN FAVOR 0 REPLIES IN OPPOSITION 300’ AREA OF NOTIFICATION 11-20-08 CPC DATE

CPC Responses

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9 Property Owners Notified

Label # Address Owner 1 4200 GANNON VALK DON 2 4215 GANNON CHRIST KINGDOM CHURCH INC 3 7575 WESTMORELAND WESTMORELAND ROAD APARMENTS LP 4 4225 GANNON BB MULTI LTD PS % BBE PPTY MGMT 5 4343 GANNON DAYTON HUDSON CORP %PROPERTY TAX 236 6 7401 WESTMORELAND MOHKTAR ALBERT & SHARONA 7 3900 INVESTOR RFE BROADMOOR APTS LLC 8 4154 PREFERRED FALU HOSPITALITY LLC 9 4060 PREFERRED CAC II LIMITED PS PROP NO 146001

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BSEAT Allen McGill P O Box 41561 Dallas, TX 75241

Kimball United Dwain T Haxel P O Box 1404 DeSoto, TX 75123

Oakland Terrace HA W. David Klempin 941 Golden Trophy Dr. Dallas, TX 75232

Pleasant Wood/Grove J. Eugene Thomas P O Box 50051 Dallas, TX 75250

ENZ078-300






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SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting an amendment to Planned Development District No. 747 on property generally bounded by Grand Avenue, Lamar Street, Sanger Avenue, Holmes Street, Ervay Street and the GCSF Railroad right-of-wayRecommendation of Staff and CPC: Approval, subject to conditionsZ078-305(OTH)

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HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JANUARY 14, 2009 ACM: A.C. GONZALEZ

FILE NUMBER: Z078-305 (OTH) DATE FILED: September 17, 2008

LOCATION: On area surrounded by Grand Avenue, Lamar Street, Sanger Avenue, Holmes Street, Ervay Street and GCSF Railroad right-of-way.

COUNCIL DISTRICT: 7 MAPSCO: 45-V, Z

SIZE OF REQUEST: Approx. 20.334 acres CENSUS TRACT: 34

OWNER: Dallas Independent School District

APPLICANT: Dallas Independent School District

REPRESENTATIVE Santos Martinez, Masterplan REQUEST: An application for an amendment to Planned

Development District No. 747. SUMMARY: The applicant is proposing to remove the tree mitigation

conditions in the Planned Development District. Part of the property is developed with the Dallas Independent School District Maria Luna Food Service Facility.

CPC RECOMMENDATION: Approval subject to conditions. STAFF RECOMMENDATION: Approval subject to conditions.

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• The property is zoned Planned Development District No. 747 and is partially developed with the central kitchen facility for the Dallas Independent School District.

• The Planned Development District has three phases. The applicant is finishing phase one of the PD. Phases II and III of the Planned Development District are undeveloped.

• The surrounding land uses are industrial to the north; retail/services, single family development and undeveloped to the east; church and industrial to the south; and industrial to the west.

Zoning History: There have been four zoning case in the area: 1. Z056-108 On Wednesday, June 14, 2006, the City Council approved a

Planned Development District for light industrial uses on property zoned an RS-I Regional Service Industrial Subdistrict, a P(A) Parking Subdistrict, a MF-2(A) Multifamily Subdistrict, and a CC Community Commercial Subdistrict within Planned Development District No. 595, the South Dallas/Fair Park Special Purpose District, subject to a conceptual plan, development plan, landscape plan and conditions, Ervay Street, Grand Avenue, Lamar Street, Parnell Street and GCSF Railroad.

2. Z056-254 On Thursday, August 31, 2006, the City Plan Commission

recommended denial without prejudice of a Specific Use Permit for a commercial amusement (inside) for a dance hall, Grand Avenue and Harwood Street, west corner. (The applicant did not appeal).

3. Z045-149 On April 13, 2005, the City Council approved an MF-2(A)

Multifamily Subdistrict within PDD No. 595 on property located on the south corner of Sanger Avenue and Riggs Street.

4. Z034-309 On June 22, 2005, the City Council approved an MF-2(A)

Multifamily Subdistrict within PDD No. 595 on property bounded Clarence Street, Harwood Street, Sanger Avenue and Mansfield Street.

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Grand Avenue Collector 60 ft. ROW

Ervay Street Collector 60 ft. ROW Land Use:

Zoning Land Use

Site PD No. 747 Institutional

East PD No. 595 - MF-2(A)

Subdistrict and NC Subdistrict

Retail/Services & Single Family & Undeveloped

South PD 595 - CC Subdistrict, IM Church & Industrial

North PD No. 595 - P(A), RS-I, RS-C, and CC Subdistricts

Industrial

West PD 317 Industrial

Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration is comprised of a series of Building Blocks that shows general land use patterns. They are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The request site lies within an Urban Neighborhoods Building Block. This Building Block is predominately residential but is distinguished from other neighborhoods by the wide variety of housing options they provide and easy access to public transit. Housing choices should include single-family detached dwellings, townhomes and low- to midrise condominiums or apartments. These neighborhoods will have concentrations of shops and offices along key corridors or at key intersections, providing important services and job opportunities within walking distance of residences. These areas may have mixed-use buildings with ground floor shops. Areas currently developed with single-family or duplex uses should generally be maintained unless redevelopment is addressed through an Area Planning process.

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STAFF ANALYSIS:

Land use compatibility:

The surrounding land uses are industrial to the north; retail/services, single family development and undeveloped to the east; church and industrial to the south; and industrial to the west.

According to the requirements of Section 51P-747.115 of Planned Development District No. 747, for phase one, a minimum of 875 caliper inches must be planted within phase one or in the parkway in phase one. The applicant has planted 604 caliper inches of the 875 caliper inches required by the PD.

The applicant is requesting to reduce the mitigation requirements to 838 caliper inches in Phase One, of which 604 must be planted in Phase One or in the parkway. The applicant is requesting to pay money to the Dallas Reforestation Program in lieu of trees of more than 20 caliper inches for the remainder of the required mitigation. The applicant claims that there is physically no more space to plant trees in phase I of the project. Staff is in agreement with the proposed conditions. Traffic: The Engineering Section of the Building Inspection Division of the Department of Development Services has reviewed the requested zoning change and determined the proposal will not have a significant impact on the street system.

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CPC ACTION: November 20, 2008

Motion: It was moved to recommend approval an amendment to Planned Development District No. 747, subject to revised conditions in an area generally bounded by Grand Avenue, Lamar Street, Sanger Avenue, Holmes Street, Ervay Street and GCSF Railroad right-of-way.

Maker: Bagley Second: Wolfish Result: Carried: 14 to 0

For: 14 - Prothro, Gary, Davis, Rodgers, Lozano, Bagley, Lavallaisaa, Weiss, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar

Against: 0

Absent: 0

Vacancy: 1 - District 2

Notices: Area: 500 Mailed: 132 Replies: For: 3 Against: 3 Speakers: For: Santos Martinez, 900 Jackson St., Dallas, TX, 75202 Against: None Staff: Phil Erwin, Chief Arborist, Dallas Development Services

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Officers

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CPC RECOMMENDED CONDITIONS Planned Development District No. 747

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Sec. 51P- 747.115. TREE MITIGATION.

(a) For phase one, a minimum of 875 838 caliper inches must be mitigated. A minimum of 604 caliper inches must be planted on phase one or in the parkway in phase one. (b) For phase two and three, in addition to the alternative methods of compliance in Section 51A-10.109, “Alternative Methods of Compliance”, the property owner may plant the replacement trees on other property within two miles of the Property as long as the other property is owned by the Dallas Independent School District and is developed or under development for a public school. [(c) For phase two and three, all replacement trees must be planted within 24 months

upon the issuance of a certificate of occupancy.]

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EXISTING CONDITIONS

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Retail/Services

Industrial

Industrial

Industrial Church

Single Family/ Undeveloped

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1

2

4

3

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CPC RESPONSES

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Page 1 of 5 10/2/2008 Notification List of Property Owners Z078-305 130 Property Owners Notified Label # Address Owner 1 2530 ERVAY DALLAS ISD 2 2500 GOULD 1400 SULLIVAN GROUP LLC 3 1509 GRAND MANNING ERNEST 4 1315 GRAND DISD % LARRY GROPPEL 5 1500 SANGER DISD 6 318 CADIZ ARW DALLAS VENTURE LP 7 2615 HOLMES MANNING C R & GEORGE 8 1411 GRAND DISD DR LARRY GROPPEL 9 2608 GOULD MANNING BROTHERS INV CORP 10 1423 GRAND PORTER SEGUAN PROP INC 11 1307 GRAND DALLAS ISD 12 1307 GRAND DALLAS INDEPENDENT SCHOOL DISTRICT 13 2722 LAMAR GALDAMEZ LUIS A ETAL 14 1204 SANGER GALDAMEZ LUIS A ET AL 15 9999 NO NAME UNION PACIFIC RR CO % TAX DEPT 16 2401 ERVAY KERR MICHAEL #101 17 2401 ERVAY CAP REBECCA 18 2401 ERVAY LANGFIELD ALLAN # 103 19 2401 ERVAY PRUITT BRENDA 20 2401 ERVAY JACKSON JONATHAN W UNIT 105 21 2401 ERVAY LEATHERS LARRY F UNIT 106 22 2401 ERVAY COHEN STEWART CHARLES 23 2401 ERVAY HENVEY TOM & THOMAS SUITE 202 24 2401 ERVAY STINSON CASEY B 25 2401 ERVAY SMITH GRANT D BLDG A UNIT 204 26 2401 ERVAY WARREN ROBERT R STE 205

Thursday, October 02, 2008

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Label # Address Owner 27 2401 ERVAY COHEN MARVIN & STEWART CHARLES COHEN 28 2401 ERVAY COHEN STEWART CHARLES BLDG A UNIT 3A 29 2401 ERVAY SULLIVAN ROBERT J 30 2401 ERVAY VALENTINE JAMES A BLDG A UNIT 3C 31 2401 ERVAY NUNNELEY BARBARA D SUITE 209 32 2401 ERVAY REDDING BRODY T & 33 2401 ERVAY COHEN STEWART 34 1803 GRAND OPERATION RELIEF CENTER INC 35 2618 ERVAY GNG PPTIES INC 36 1804 SANGER DEEPER LIFE CHRISTIAN CHURCH IN O 37 1809 GRAND EKUKPE AUGUSTINE A 38 2622 ERVAY TAYLOR TRACY & JUDY M BRAGGS 39 1822 SANGER BRADLEY MARIA GLORIA KING 40 1714 SANGER LEWIS LOYD ESTATE OF 41 1826 SANGER MOYNIHAN DAVID APT 103D 42 2600 ERVAY KHAZEM ALI 43 1711 GRAND SWIFT BARRELL COMPANY 44 1818 SANGER BREWSTER JAMES WALTER JR 45 1819 GRAND HENDERSON DON L 46 1808 SANGER PARK ALICE J % C H CUNNINGHAM 47 1809 SANGER WAUGH JERRY W 48 1804 CLARENCE DANSINE INVESTMENTS 49 1801 SANGER BECKLES ROBERT O 50 2301 ERVAY STANDARD FRUIT & VEG CO C/O DEL MONTE FRESH PROD 51 1101 ALMA IRON MOUNTAIN RECORDS MGT INC 52 2200 PARNELL DALLAS TERM RY & UN DEPOT % UNION PACIFIC PPTY TAX 53 1000 ALMA MILL CREEK PRESS INC DBA ADVANCED ART 54 1114 ALMA OFF SITE RECORDS C/O IRONG MOUNTAIN 55 2716 LAMAR WILLOW DISTRIBUTORS INC 56 2510 COCKRELL 2510 S COCKRELL LTD 57 2700 PARNELL LEVINE ABE

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Thursday, October 02, 2008 Label # Address Owner 58 2708 PARNELL DUNCAN H D APT 101 59 2706 GOULD RE/SOURCE PROFESSIONALS INC O 60 2716 PARNELL MOTEN ALFRED 61 2722 PARNELL ODOM DORIS 62 2724 PARNELL ODOM DORIS EST % VIRGINIA STRADFORD 63 2801 HOLMES MANNING BROTHERS INV CORP 64 2732 PARNELL SCHEPPS GARY 65 2800 PARNELL LACEY GARY W TRUSTEE O 66 1214 GRAND FOSTER WILLIE BISHOP JR 67 2709 PARNELL GALDAMEZ LUIS A JOSE HERNANDEZ ETAL 68 2724 LAMAR SCHEPPS GARY 69 1200 PARK ROW TEXAS GULF INVESTMENT & MARKETING CORP 70 1324 GRAND TOPLETZ DENNIS D ET AL SUITE 301 71 2721 GOULD MCGILL CHARLIE C 72 2733 GOULD AFRICAN CHRISTIAN WORLD OUTREACH CHURCH INC 73 2705 CLEVELAND DASEN PETER 74 2709 CLEVELAND SELMA VENTURES LTD X 75 2713 CLEVELAND WILLIAMS LOLA B 76 2719 CLEVELAND TERRELL ENTERPRISES INC x 77 2723 CLEVELAND COMER FINANCIAL 78 2724 GOULD BROWN MARY M 79 1405 PARK ROW KITTRELL LINDA LOU & RONNIE DALE KITTRELL 80 1409 PARK ROW WEIR JAMES E TR 81 2722 GOULD MCGILL CHARLIE 82 2716 GOULD FAITH & MIRACLES MIN TR 83 2712 GOULD RODRIGUEZ JOSE MARIA & %DALLAS TITLE CO 84 2710 GOULD HOUSE OF PRAYER MISSIONARY BAPTIST CHURCH 85 2700 GOULD BURKHEAD ROBERT G 86 1520 GRAND SAUL K % COMMERCE TITLE 87 1502 GRAND SAUL K 88 2706 CLEVELAND LEVIER HOLDINGS CORP

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Thursday, October 02, 2008 Label # Address Owner 89 2712 CLEVELAND FLORIDIENNE U S A INC SUITE 200 90 2718 CLEVELAND JEFFERSON PATRICE D 91 2724 CLEVELAND DALLAS HERRLING PTNR L P 92 2703 HOLMES TAYLOR DANIEL G 93 2707 HOLMES MANNING CHARLIE RUTH 94 2709 HOLMES HOLMES STREET FOUNDATION INC 95 2715 HOLMES VANN RICHARD H & CHARLES W BROWN 96 2719 HOLMES BLAIR DONALD & DOROTHY 97 2727 HOLMES DOTCON CLEMENTENE & 98 1604 GRAND SPEARMAN DETONTE L 99 2700 HOLMES OPERATION RELIEF CENTER %SHERMAN ROBERTS 100 2704 HOLMES FISHER BETTY LOUISE 101 2708 HOLMES DUROS INC 102 2712 HOLMES D & D PROPERTIES 103 2716 HOLMES NTH DEGREE INC THE 104 2722 HOLMES MANNING ERNEST 105 1616 GRAND CORNERSTORE BAPTIST CHURCH 106 2712 ERVAY FLORA STREET PROPERTIES INC 107 2716 ERVAY FLORA STREET PROP INC 108 2720 ERVAY FLORA STREET PROP INC 109 2723 COLONIAL WARD BERT TRUST STE 400 110 2724 ERVAY MILLER FAYE D ETAL 111 2727 COLONIAL ST PHILIPS SCHOOL & COMMUNITY CENTER 112 2728 ERVAY FLORA STREET PROP INC %ALEXANDER R FLORES 113 2708 ERVAY TOPLETZ INVESTMENTS SUITE 301 114 2703 COLONIAL MATASSA JOSEPH T FAMILY LIMITED PTNRSHIP 115 2705 COLONIAL MATASSA JOSEPH FAMILY LP 116 2709 COLONIAL BROTHERS FINANCIAL CORP 117 2731 COLONIAL LATTIMER CLARENCE X 118 1822 GRAND REMINGTON HALL CAP CORP 119 1802 GRAND AVIVA INVESTMENTS LP

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Thursday, October 02, 2008 Label # Address Owner 120 1810 GRAND MANNING BROTHERS INVESTMENT CORP 121 1816 GRAND CHAMPION DAVID SUITE 185 122 1803 PARK ROW SNEED T A 123 1805 PARK ROW BARKER MARGARET W 124 1811 PARK ROW EL DORADO PROPERTIES INC 125 2803 CLEVELAND MANNING BROTHERS INC CORP 126 2800 HOLMES REED HENRY III & MYRA L 127 2806 ERVAY HARRIS RANDOLPH 128 2500 COCKRELL TWO JACKS CORP %LARRY M SHARP 129 2713 ERVAY CORNERSTONE BAPTIST CHURCH 130 403 REUNION DALLAS AREA RAPID TRANSIT

Thursday, October 02, 2008

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Betty Wadkins 2843 Modesto Drive Dallas, TX 75227






















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Bryan K. Haywood City Hall, Rm. 2CN Dallas, TX 75201

Cullen Rogers 3030 McKinney Ave. #2001 Dallas, TX 75204

Jeannie Ball 3030 McKinney Ave. #906 Dallas, TX 75204

Jeri Arbuckle 4800 Victor St. Dallas, TX 75246



Pam Veshia City Hall, Rm. 2CN Dallas, TX 75201

Vicki Keene 738 Cedar Hill Dr Dallas, TX 75208

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Bryan Place NA Sonali Patnaik 928 Pavillion St Dallas, TX 75204

Cedars NA Eric Anderson 7329 Lakehurst Ave. Dallas, TX 75230

Cedars NA Richard Schiera 2201 S Harwood Dallas, TX 75215

Downtown Dallas Jim Wood 1412 Main #2500 Dallas, TX 75202

Friends of the Katy Trail Eric Van Steenburg 3523 McKinney Ave, PMB 441 Dallas, TX 75204

Harwood International, Inc. Julie Morris 2828 N Harwood, Suite 1600 Dallas, TX 75201


Junius Heights HOA Kara Kunkel 5527 Tremont Street Dallas, TX 75214

La Tour HA Hanne Klein 3030 McKinney Ave. #502 Dallas, TX 75204

Meadows Foundation, Inc. Robert Weiss, V.P Admin. 3003 Swiss Ave. Dallas, TX 75209

Operation Relief Center, Inc Sherman Roberts 2010 Grand Ave. Dallas, TX 75215



Preston Hollow Asso M Thomas Lardner 5811 Redwood Court Dallas, TX 75209


Sunny Acres Calvin B. Carter P O Box 150803 Dallas, TX 75210

ENZ078-305






MAPSCO: 5 C G

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting an amendment to the conditions for Planned Development District No. 268 for SC Shopping Center District Uses in the northeast quadrant of Preston Road and Frankford RoadRecommendation of Staff and CPC: Approval, subject to a detached premise sign plan, detached premise sign landscape plan, and conditionsZ078-308(RB)

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FILE NUMBER: Z078-308(RB) DATE FILED: August 24, 2008

LOCATION: Preston Road and Frankford Road, Northeast Quadrant

COUNCIL DISTRICT: 12 MAPSCO: 5 C, G

SIZE OF REQUEST: Approx. 29.073 CENSUS TRACT: 317.09

APPLICANT: Dominic N. Signoretta

REPRESENTATIVE: Robert Miklos

OWNER: Preston Road Associates, Ltd.

REQUEST: An application for an amendment to the conditions for Planned Development District No. 268 for SC Shopping Center District Uses.

SUMMARY: The applicant is requesting an amendment to PDD No. 268 to provide for additional detached sign provisions.

CPC RECOMMENDATION: Approval, subject to a detached premise sign plan, detached premise sign landscape plan, and conditions. STAFF RECOMMENDATION: Approval, subject to a detached premise sign plan, detached premise sign landscape plan, and conditions.

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BACKGROUND: • The request site is developed with a multi-tenant office and retail project with

significant pedestrian amenity areas throughout the development. • PDD No. 268 was approved by the City Council on July 15, 1987. • The applicant is requesting additional detached sign provisions. Zoning History: There has been no recent zoning activity relevant to this request.

PDD/SUP Summary

PDD Permitted Density/ Structure No. Uses Floor Area Height

222 Shopping Center 708,939 sf; 36 feet-165 feet District Uses; 50 dwelling units Single family 425 CR, Mini-whse. 0.75:1 FAR 24 feet and 54 feet 722 Single family 55 dwelling units 35 feet SUP Permitted Significant Time No. Use Conditions Period 1288 Private school N/A Permanent Thoroughfare Designation; Existing & Proposed ROW

Preston Road Principal Arterial; 120’ & 120’ ROW Frankford Road Principal Arterial; 100’ & 100’ ROW

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Comprehensive Plan: The applicant is proposing to provide for additional detached premise signs along the Preston Road and Frankford Road frontages. The applicant will be providing specific planting areas around each sign to soften their presence. As a result, the applicant’s request is in compliance with the Economic and Urban Design Elements, respectively, as outlined in forwardDallas! Economic Element

Goal 2.2 Engage in strategic economic development efforts.

Policy 2.2.6 Restore Dallas as the foremost retail location in the region. Urban Design Element

Goal 5.2 Strengthen community and neighborhood identity.

Policy 5.2.4 Enhance retail, industrial and business operations. STAFF ANALYSIS:

Land Use Compatibility: The request site is developed with a multi-tenant office/financial institution/retail project with significant pedestrian amenity areas throughout the development. The applicant is proposing amendments to the PDD to provide for additional detached sign provisions. Surrounding land use is a mix of retail and office uses at the remaining three corners of the intersection Preston Road and Frankford Road. These uses transition to residential uses of mixed densities (single family and multifamily structures) in their respective directions. Lastly, single family uses and a private school border the site’s eastern and southeastern boundary. When compared to existing ordinance language, the applicant’s request represents the following deviation from existing sign regulations:

1) provide for one additional detached premise sign;

2) a five-foot reduction in required setback for one proposed sign (Type B as located on the detached premise sign plan); and,

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3) permit detached signs within 200 feet of the intersection of two thoroughfares.

Staff has determined the applicant’s requested locations are oriented along the site’s respective thoroughfare frontage and do not impact surrounding uses or sight lines at ingress/egress points or the Preston Road/Frankford Road intersection.

Based on the attached amending conditions as well as the acceptance of the detached premise sign plan and detached premise sign landscape plan, the request is supported by staff.

Traffic: The Engineering Section of the Department of Development Services has reviewed the requested amendment and determined it will not significantly impact the surrounding street system. Landscaping: PDD No. 268 requires landscaping for each phase of development to be approved by the City Plan Commission (in conjunction with a CPC approved development plan). The applicant’s request does not require additional landscaping, however, staff has worked with the applicant to provide for specific foundation planting areas around each sign which is depicted on the attached detached premise sign landscape plan. CPC ACTION (November 20, 2008) Motion: It was moved to recommend approval of an amendment to the conditions, subject to a detached premise sign plan, detached premise sign landscape plan, and revised conditions for Planned Development District No. 268 for SC Shopping Center District Uses in the northeast quadrant of Preston Road and Frankford Road.

Maker: Wolfish Second: Weiss Result: Carried: 14 to 0




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Speakers: None

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CPC RECOMMENDED AMENDING CONDITIONS

ARTICLE 268.

SEC. 51P-268.117. SIGNS. (a) Except as provided below, aAll signs must comply with the provisions for an SC Shopping Center District contained in Chapter 51. For purposes of this section, “premise" is defined as the entire Property. (b) Detached premise signs are permitted in the locations shown on the detached premise sign plan (Exhibit 268_). The maximum effective areas and maximum sign heights are as shown on the detached premise sign plan. (c) Sign landscaping must be provided as shown on the detached premise sign landscape plan. Signs existing as of (passage of amendment) must be landscaped within three months. Each new sign must be landscaped before the final inspection on that sign. (d) Sign landscaping must be maintained in a healthy, growing condition.

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Page 1 of 9

10/17/2008 Notification List of Property Owners Z078-308 272 Property Owners Notified Label # Address Owner o1 18320 PRESTON PRESTON RD ASSOC LTD STE 1315 LB 3 2 18320 PRESTON PRESTON RD ASSOC LTD STE 1315 LB 3 3 18224 PRESTON KOHLS ATTN DAN CAMPBELL 4 18320 PRESTON PRESTON RD ASSOC LTD C/O ICG-ORE 5 18320 PRESTON PRESTON RD ASSOC LTD 6 6220 BENTWOOD BELT LLOYD K BLDG 2 UNIT 201 7 6220 BENTWOOD MACLEAN THOMAS S UNIT 202 8 6220 BENTWOOD CAO YANG 9 6220 BENTWOOD BEAURLINE DANIEL J 10 6220 BENTWOOD LAVRENOVA SVETLANA 11 6220 BENTWOOD MACKINNON DOROTHY H BLDG 2 UNIT 206 12 6220 BENTWOOD BOOKER MICHAEL R BLDG 2 UNIT 207 13 6220 BENTWOOD ANDERSON KRISTEN 14 6220 BENTWOOD TILLISON TERRI D 15 6220 BENTWOOD BORING NANCY L UNIT 602 16 6220 BENTWOOD ALI MICHELLE UNIT 603 17 6220 BENTWOOD WETHINGTON BRENT J & ANGKANA KUMAWONG 18 6220 BENTWOOD HOPKINS GENE MARIE 19 6220 BENTWOOD GRANT NICHOLAS P BLDG 6 UNIT 606 20 6220 BENTWOOD MILLER BRENT N BLDG 6 UNIT 607 21 6220 BENTWOOD REID MICHAEL G & TRACY K 22 6220 BENTWOOD DERODRIGUEZ CARMEN A BLDG 7 UNIT 701 23 6220 BENTWOOD CHAPMAN SHERRI M BLDG 7 UNIT 702 24 6220 BENTWOOD SLATER FAIE 25 6220 BENTWOOD BEATTY AIMEE J # 704 26 6220 BENTWOOD BRICKER JIM & BOBBIE


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Label # Address Owner 27 6220 BENTWOOD KARLAN MEREDITH M BLDG 7 UNIT 706 28 6220 BENTWOOD PENNINGTON CLIFTENNA R UNIT 707 29 6220 BENTWOOD FOX TENNA M BLDG 7 UNIT 708 30 6220 BENTWOOD CALHOUN CASSINA BLDG 8 UNIT 801 31 6220 BENTWOOD BENING MARK K & GEORGETTE 32 6220 BENTWOOD BANKERS TRUST COMPANY %FORECLOS SOLS 33 6220 BENTWOOD NOLTE JO ANN L UNIT 804 34 6220 BENTWOOD PLAGER TERRY BLDG 8 UNIT 805 35 6220 BENTWOOD RODRIGUEZ MIRNA M 36 6220 BENTWOOD COLLINS KIRBY L % HOMEOWNERS ASSN OFC 37 6220 BENTWOOD ALEXANDER GAIL G BLDG 9 UNIT 901 38 6220 BENTWOOD ANWAR ZAKI & ARSHIA J BLDG 9 UNIT 902 39 6220 BENTWOOD ADCOCK LESLIE #903 40 6220 BENTWOOD CLINE SUSAN ILLENE 41 6220 BENTWOOD THOMAS LESLIE RICHARD BLDG 9 UNIT 905 42 6220 BENTWOOD HORN GEORGE & JANINE FAMILY TRUST 43 6220 BENTWOOD PROTAS JANET TRUSTEE 44 6220 BENTWOOD FITZGERALD LINDA J BLDG 9 UNIT 908 45 6220 BENTWOOD GAWRONSKI MARC K 46 6220 BENTWOOD WHITUS JUDY C UNIT 1002 47 6220 BENTWOOD LIOU JOUNGJIAH JACKIE 48 6220 BENTWOOD KATRI BRYAN APT 1004 49 6220 BENTWOOD RIVAS GABRIEL BLDG 10 UNIT 1005 50 6220 BENTWOOD ARMSTRONG FRANCES 51 6220 BENTWOOD WATSON CARRIE L BLDG 10 UNIT 1007 52 6220 BENTWOOD BLUNSCHI MEGAN A BLDG 10 UNIT 1008 53 6220 BENTWOOD US BANK NATL ASSOCIATION 54 6220 BENTWOOD WITTEN WENDY 55 6220 BENTWOOD SHENDER DARA F 56 6220 BENTWOOD ALFORD ROSA W APT 1006 57 6220 BENTWOOD GILANI ALI B BLDG 11 UNIT 1105


Z078-308(RB)

23

Label # Address Owner 58 6220 BENTWOOD HUDGENS CHAD W APT 1106 59 6220 BENTWOOD RABINOWITZ EVELYN BLDG 11 UNIT 1107 60 6220 BENTWOOD STEPHENS MICHAEL S APT 1201 61 6220 BENTWOOD RUSLI RUDY & LANNY T 62 6220 BENTWOOD JURAK JAMES SCOTT BLDG 12 UNIT 1203 63 6220 BENTWOOD RAGSDALE APRIL APT 1204 64 6220 BENTWOOD PAXTON JOHN 65 6220 BENTWOOD FISHER DUSTIN O BLDG 12 UNIT 1206 66 6220 BENTWOOD CLARK ALBERTINE M ESTATE % M J WILLINGHAM 67 6220 BENTWOOD NAPURANO LISA BLDG 12 UNIT 1208 68 6220 BENTWOOD CLEMONS SAMUEL P BLDG 13 UNIT 1301 69 6220 BENTWOOD GAO XIAODONG 70 6220 BENTWOOD A N INC 71 6220 BENTWOOD ASH KIMBERLY D UNIT 1304 72 6220 BENTWOOD MEDRANO IRMA #1305 73 6220 BENTWOOD CAMPBELL ROSEMARY 74 6220 BENTWOOD ECKERT CHRISTY LYNN BLDG 13 UNIT 1307 75 6220 BENTWOOD HESTAND JULIE A # 301 76 6220 BENTWOOD NEGRE FERNANDO & LAUREN 77 6220 BENTWOOD CARTER IONA # 303 78 6220 BENTWOOD ESPIRITU ROBBIE # 3-304 79 6220 BENTWOOD BERRY DAVID A BLDG 3 UNIT 305 80 6220 BENTWOOD RAINS LINDA ANN PMB 174 81 6220 BENTWOOD LISMAN BRADLEY 82 6220 BENTWOOD SEYMOUR VERNON J 83 6220 BENTWOOD SEMON KATHRYN I UNIT 405 84 6220 BENTWOOD ELLIOTT CHIYON BLDG 5 UNIT 501 85 6220 BENTWOOD SAMS ROBIN BLDG 5 UNIT 502 86 6220 BENTWOOD BENAVIDEZ SANDRA ETAL BLDG 5 UNIT 503 87 6220 BENTWOOD SLAYTON NANCY KAY UNIT 504 88 6220 BENTWOOD WELLENS MARIA LOURDES BLDG 5 UNIT 505


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24

Label # Address Owner 89 6220 BENTWOOD HWANG FU SHIH 90 6220 BENTWOOD CORMIER DELENE S ET AL 91 6220 BENTWOOD LITTLE STEPHEN D 92 6220 BENTWOOD BRICKER JAIM & BOBBIE 93 6220 BENTWOOD POWELL LOIS I UNIT 1404 94 6220 BENTWOOD BRICKER JIM A & BOBBIE J 95 6220 BENTWOOD REED GEORGETTE MAUREEN BLDG14 UNIR 1407 96 6220 BENTWOOD GOLDSMITH JANET SHANA BLDG 14 UNIT 1408 97 6220 BENTWOOD ZALTSBERG LEV #1501 98 6220 BENTWOOD LIU TSUI HUA 99 6220 BENTWOOD LIEBSCHER CATHERINE & CHARLES 100 6220 BENTWOOD SENA DIANA L DAY 101 6220 BENTWOOD SON SOO YOUNG 102 6220 BENTWOOD TSANG LIAN 103 6220 BENTWOOD ATKINS PAULA ZANE 104 6220 BENTWOOD TEMPLE CATHERINE L BLDG 15 UNIT 1508 105 6220 BENTWOOD CANNON CAROL M 106 6220 BENTWOOD MUNGIOLI PHILIP A 107 6220 BENTWOOD LAMB FAITH A BLDG 16 UNIT 1603 108 6220 BENTWOOD PABILONA LILY O C TRUST 109 6220 BENTWOOD MARTIN CYNTHIA J BLDG 17 UNIT 1701 110 6220 BENTWOOD RAIS FETNEH APT 1702 111 6220 BENTWOOD ZALTSBERG LEV APT 1705 112 6220 BENTWOOD WALKER CARRIE A # 1706 113 6220 BENTWOOD LAM SUI CHU % JOSEPH LAM 114 6220 BENTWOOD OWENS SCOTT W APT 1802 115 6220 BENTWOOD PHILLIPS JANE HERRON 116 6220 BENTWOOD HWANG ALEX 117 6220 BENTWOOD FIFE WILLIAM D #1805 118 6220 BENTWOOD BARROSO CHARLES UNIT 1806 119 6220 BENTWOOD STETTLER FRANZ P BLDG 19 UNIT 1901


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25

Label # Address Owner 120 6220 BENTWOOD SCHULTE CASEY BLDG 19 UNIT 1902 121 6220 BENTWOOD SISSOM MARC 122 6220 BENTWOOD NICKELL WILLIAM C BLDG 19 UNIT 1905 123 6220 BENTWOOD MOK SO SHAN BLDG 19 UNIT 1906 124 6220 BENTWOOD NAILLING ANDREW C BLDG 19 UNIT 1907 125 6220 BENTWOOD PENN RYAN BLDG 19 UNIT 1908 126 18012 DAVENPORT FOX JENNIFER 127 18016 DAVENPORT LEE YOON K & KWEE S KIANG 128 6506 FRANKFORD CHOU TOM & GLORIA MEN 129 17815 WINDPIPER MCDAVID CHADWICK M & NICOLE SMITH MCDAVID 130 6330 FRANKFORD ONCKEN JACALYN G 131 18505 CROWNOVER EVANS ROGER & JUDY 132 18509 CROWNOVER BRUNO MARIA 133 18504 CROWNOVER NASSEHI SHIRIN 134 18503 FORTSON MILLER WILMA JUNE SHEPARD 135 18507 FORTSON BRADLEY DANNY 136 6404 WRENWOOD SMITH JEAN M & PAMELA A 137 6408 WRENWOOD CAIN JOHN J 138 6412 WRENWOOD MALONEY DANA NEVILL & BARRY 139 6416 WRENWOOD BONNER BARTON T & ALICE W 140 6420 WRENWOOD BRYANT MARK L & NANCY K o141 6424 WRENWOOD CASILLO DIANE 142 6428 WRENWOOD NGUYEN TAM D & LY T DANG x143 6503 GENSTAR SCARLETT CHRISTOPHER 144 6435 GENSTAR MARTIN WILLIAM A & SANDRA R HEARN MARTIN 145 6431 GENSTAR NICHOLAS RONALD EUGENE 146 6427 GENSTAR GRINDLE DENNIS F & PAULETTE L 147 6423 GENSTAR MITCHELL LISA B 148 6419 GENSTAR MINOR CARTER 149 6415 GENSTAR LEVINSON LANE S & PAMELA S 150 6411 GENSTAR TUCKER BETTY J


Z078-308(RB)

26

Label # Address Owner 151 6407 GENSTAR SHILK TODD & BEEKY 152 6403 GENSTAR GIBSON DEIRDRE A 153 6420 GENSTAR KHAN SHAMIM & AMINUR R 154 6424 GENSTAR TERRELL MARY A & WALLACE E TERRELL 155 6428 GENSTAR DAVIS PETER & BARBARA 156 6432 GENSTAR CATE RICHARD BROOKS 157 6436 GENSTAR HESTERS CHAD A & LAURA L 158 6504 GENSTAR LEE MICHAEL W & GRACE 159 6508 GENSTAR KING SHARMAN 160 6427 WINDSONG HANEY DAVID C & MARY A 161 6423 WINDSONG COVINGTON JULIA A 162 6419 WINDSONG CASILLAS PETER & LOTTY REPP 163 6415 WINDSONG DENSON RICHARD E & BONNIE G 164 6411 WINDSONG HATHAWAY RYAN N o165 6407 WINDSONG HASTINGS ARTHUR W 166 6403 WINDSONG COLAN LEE J & JULIE D 167 6404 WINDSONG ABBOTT THOMAS B 168 6408 WINDSONG DORTCH TOM C & ELLEN D 169 6412 WINDSONG CANNON KRISTEN 170 6416 WINDSONG CAMPBELL JOE & KATHARINE G 171 6420 WINDSONG KIRKHAM LIVING TRUST SHIRLEY F KIRKHAM TRUSTEE 172 6424 WINDSONG SHEPPARD ANDREW N & IRIS JOAN YOUNG 173 6428 WINDSONG NANDA ANIL & SEEMA TAILOR o174 6427 MIMMS SARWI STEVEN O 175 6423 MIMMS LINKSMAN WAYNE 176 6419 MIMMS FELICIANO EDGAR M % LINDA NEUBECKER 177 6415 MIMMS TSENG JEN 178 6411 MIMMS HADERA GEBRE T & AMELWORK NEGASH 179 6407 MIMMS RUFF CONSTANCE G 180 6403 MIMMS AMINI MOHSEN & KIM INSOOK 181 6404 MIMMS HAYNES MICHAELS S & ALESHA R


Z078-308(RB)

27

Label # Address Owner 182 6408 MIMMS STEPHENS JAMES B & SUSAN A 183 6412 MIMMS MCCOMAS G EDWIN 184 6416 MIMMS BYLOFF ANDREA J 185 6420 MIMMS CHANG ERIC E 186 6424 MIMMS IVANCIC KATHRYN M 187 6428 MIMMS STEIN JEROME & SUSAN R 188 6503 CAMILLE HARRIN JEFFREY L 189 6423 CAMILLE CLAUDIO JOSHUA 190 6419 CAMILLE GILL STUART J & NANETTE 191 6415 CAMILLE HART R WESLEY & JULIANA L 192 6411 CAMILLE MELYON JEFFREY A x193 6407 CAMILLE ADAMS ANGELA M 194 6403 CAMILLE RENSHAW JUDITH A & 195 6404 CAMILLE LEE GINGER WHITE 196 6408 CAMILLE OXMAN SHIRLEY 197 6412 CAMILLE MUNSON DEBBIE KAY 198 6416 CAMILLE BLAUGRUND STUART E 199 6420 CAMILLE ELMORE WILLIAM R & LUCILLE 200 6424 CAMILLE WICKES GENA MENZDORF 201 6504 CAMILLE KENNEDY DANIEL J & KATHLEEN M 202 6503 MISSY XU XIN & FU FEN LUAN 203 6423 MISSY BECKER NORMAN H & SHARI H 204 6419 MISSY BAVAND LAURA 205 6415 MISSY JACOBS MARK E x206 6411 MISSY TONEY DANA B 207 6407 MISSY WOOLF KEVIN R 208 6403 MISSY CALDWELL JOSEPH M & SHANNON R 209 6404 MISSY TESTA NANCY A 210 6408 MISSY HAN JEN L 211 6412 MISSY GALLOWAY DEHRYLL W 212 6416 MISSY MELKE GERBE


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Label # Address Owner 213 6420 MISSY JOHNSON GREGORY P & KAREN R 214 6424 MISSY SANDERSON MICHAEL L 215 6504 MISSY FLORES ALICIA 216 6507 GRETCHEN DEVEAU ANTHONY II & SANDRA D 217 6503 GRETCHEN BAIO MATTHEW C & STEPHANIE G 218 6423 GRETCHEN MASTOR SUSAN 219 6419 GRETCHEN KASRAI SHAHROOZ 220 6415 GRETCHEN KARUNANAYAKE MALA RANJANI 221 6411 GRETCHEN HARGRAVE CHARLES O & BETTY L HARGRAVE 222 6407 GRETCHEN THOMPSON LESLIE A IV 223 6403 GRETCHEN SHAW RICHARD P 224 6400 GRETCHEN KROEHLE THOMAS P 225 6404 GRETCHEN DELACUEVA LUPITA M 226 6408 GRETCHEN DUNCAN ROBERT C & JENNIFER J 227 6412 GRETCHEN WEI TZU CHING & KOU MEI 228 6416 GRETCHEN BELLANI MURLI & SAJU BELLANI 229 6420 GRETCHEN LUNA DANIEL L o230 6424 GRETCHEN HAGHIRI RAJAB ALI & MASOOMEH GHODSIANZADEH 231 6428 GRETCHEN CARTER DANE R 232 6504 GRETCHEN ZARBO GREGORY P & DOROTHY R 233 17818 WINDPIPER FAIR GEORGE W & MARGARET R 234 6510 FRANKFORD CHURCH OF THE LUTHERAN CONFESSION 235 6330 FRANKFORD HUFF WRIGHT ENTERPRISES LP SUITE 405 236 6340 FRANKFORD SUDS OF TEXAS LTD PS 237 6350 FRANKFORD SUNG JUNE C INC 238 18004 PRESTON SHURGARD TEXAS LTD PS 239 18000 PRESTON BEHNAM ORIENTAL RUG CORP 240 18004 PRESTON SHURGARD TEXAS LTD PS DEPT- PT- TX 08412-01 241 18011 CREEK VISTA JACALYN G ONCKEN 242 18020 CREEK VISTA DAFTARY GAUTAM C & SHWETA 243 18016 CREEK VISTA US BANK NATIONAL ASN


Z078-308(RB)

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Label # Address Owner 244 18012 CREEK VISTA ELKINS DAVID G 245 18008 CREEK VISTA TCB FARM & RANCH LAND INVESTMENTS 246 18004 CREEK VISTA MINER ADAM S & HELAINE F 247 18003 CREEK VISTA CHAPMAN PENNY R LAUGHLIN 248 18007 CREEK VISTA GILLIN WILLIAM ANDREW 249 17878 PRESTON WESTDALE POLO CLUB LTD 250 17950 PRESTON 17950 PARTNERS LTD % GRANITE PPTIES INC 251 18008 PRESTON OOZI INVESTMENTS INC 252 17981 PRESTON WENDYS INTERNATIONAL INC TAX DEPT 253 6120 FRANKFORD FONBERG INVESTMENTS SUITE 203 254 18081 PRESTON EXXON MOBIL CORP 255 6400 GENSTAR WEST PLANO MONTESSORI SCHOOL INC 256 18484 PRESTON INTONE LIMITED %CORNER REAL EST SVCS INC 257 18303 DAVENPORT W PLANO MONTESSORI SCHOOL 258 18333 PRESTON ACRON PRESTON NORTH LP SUITE 215 259 18101 PRESTON SILVERWOOD PROPERTIES LLC %DAVID AZOUZ MGR o260 18109 PRESTON AGF PRESTON LTD SUITE 1000 261 18103 PRESTON STRATFORD INVESTMENTS INC STE 1165 262 18101 PRESTON PRESTON FRANKFORD SC DALLAS TX LP 263 18383 PRESTON MIHP LTD 264 18381 PRESTON CAMBRIDGE GATE HOA %STRATFORD PARK LTD 265 18402 HEMINGTON STRATFORD PARK LTD STE 1165 266 6335 CUPERTINO SMITH KATHERINE o267 44 CUPERTINO LANDSCAPE ASSOCIATION OF BENT TRAIL-PHASE 4 268 6251 GRAY WOLF CHEN LI 269 6247 BENTWOOD WONG KEE PING 270 6243 BENTWOOD JELICIC JORGE J & JANE 271 6239 BENTWOOD BALABAN ANN 272 6235 BENTWOOD ASKARI SANDRA


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Betty Wadkins 2843 Modesto Drive Dallas, TX 75227 ENZ078-308c






















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Country Brook HOA Greg Brook 18410 Bay Pines Ln Dallas, TX 75287


Highlands of McKamy Ben G. King 7024 Judi Street Dallas, TX 75252

Jackson Highlands Bob Sappington 18028 Benchmark Dr Dallas, TX 75252

N Dallas Neigb Alliance Lucie Bellew 7328 Williamswood Dr. Dallas, TX 75252 ENZ078-308c


Oakdale HOA Blake Cowden 5111 Oak Tree Circle Dallas, TX 75287


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Plano ISD Jim Damm 2700 W. 15th St Plano, TX 75075

Preston Creek HOA Bob Franklin 17201 Hidden Glen Dr. Dallas, TX 75248

Preston Highlands HOA Karen L Phaneuf 18615 Crownover Ct Dallas, TX 75252

Preston Highlands HOA Terri Herren 6704 Mimms Drive Dallas, TX 75252

Preston Hollow N HOA Diane Benjamin 6530 Waggoner Dr Dallas, TX 75230

Preston Trails Dr Stacy Stephens 5936 Gladeside Court Dallas, TX 75248

Prestonwood West HA Richard Brown 5812 Richwater Dr. Dallas, TX 75252

Prestonwood W Master Olin Atkinson 5804 Still Forest Dr Dallas, TX 75252


Roehampton HOA Allen Eubanks 6024 Thursby Avenue Dallas, TX 75252

Highlands North HA Mike Harvey 7606 Dornoch Ln. Dallas TX 75348

ENZ078-308c






MAPSCO: 43 R

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting a CR Community Retail District on property zoned an IR Industrial Research District on the southeast corner of Hampton Road and Singleton BoulevardRecommendation of Staff and CPC: ApprovalZ089-101(JH)

1


FILE NUMBER: Z089-101 (JH) DATE FILED: October 1, 2008

LOCATION: Southeast corner of Hampton Road and Singleton Boulevard

COUNCIL DISTRICT: 3 MAPSCO: 43-R


REPRESENTATIVE: Anselmo Montemayor

APPLICANT: O’Reilly Automotive, Inc OWNER: Dallas Habitat for Humanity REQUEST: An application for a CR Community Retail District on

property zoned an IR Industrial Research District. SUMMARY: The applicant proposes to construct a retail use on the

request site.

CPC RECOMMENDATION: Approval.

STAFF RECOMMENDATION: Approval.

Z089-101

2


• The request site is currently developed as part of a parking lot serving a office/warehouse use.

• The request site is adjacent to office, warehouse, auto service, commercial, retail, personal service, and multifamily uses.

• The proposed use is an approximately 6,600 square foot retail use. Retail is allowed in an IR Industrial Research District, but limited to 3,500 square feet or less.

• The applicant has provided documentation showing that the office/warehouse use for Dallas Habitat for Humanity will have the required number of parking spaces for their use if the request site is developed.

Zoning History:

1. BDA 045-155 On February 15, 2005, the Board of Adjustment approved a fence height special exception of 5 feet 2 inches on the north side of Singleton Boulevard, east of Hampton Road.



Hampton Road Principle Arterial Variable

Singleton Boulevard Principle Arterial Variable Land Use:

Zoning Land Use

Site IR Office/warehouse

North CR, MF-2(A) Auto service, commercial, retail, multifamily

East IR Warehouse

South IR Office/warehouse, auto service, commercial

West IR Auto service, commercial

Z089-101

3

STAFF ANALYSIS:

Comprehensive Plan: The request complies with the following land use goal and policy of the Comprehensive Plan because the commercial district would allow for more retail opportunities. ECONOMIC ELEMENT GOAL 2.2 ENGAGE IN STRATEGIC ECONOMIC DEVELOPMENT

Policy 2.2.6 Restore Dallas as the foremost retail location in the region.

Area Plans:

One of the recommendations of the West Dallas Comprehensive Land Use Study, May 1999, states:

“Encourage neighborhood retail and personal service uses in CR zoning districts (with the exception of auto related uses that adversely impact residential areas) to meet the needs of the community for such services.”

While the applicant’s proposal is to construct an auto parts retail store is auto related, the use is retail. The current zoning, IR Industrial Research would allow for more auto service uses, as well as industrial uses, that could have more of an adverse impact than the applicant’s proposal.

Land Use Compatibility: The approximately 0.68-acre request site is zoned an IR Industrial Research District and is currently part of a larger site which is developed with an office/warehouse use. The applicant is proposing to construct a general merchandise retail use larger than 3,500 square feet on the property, which is not allowed by the existing zoning. The surrounding land uses are office, warehouse, auto service, commercial, retail, personal service, and multifamily uses. The proposed request will not have an adverse impact on the surrounding areas and is compatible with the surrounding land uses. The CR Community Retail District is consistent with the established land use pattern along Hampton Road and Singleton Boulevard.

Z089-101

4




Coverage Special


Proposed

CR Community retail

15’ 20’ adjacent to

residential OTHER: No Min.

0.75 FAR overall 0.5 office

54’ 4 stories 60% Proximity Slope

Visual Intrusion Retail & personal service, office

Existing

IR Industrial research



2.0 FAR overall 0.75 office/ retail

0.5 retail 200’

15 stories 80% Proximity Slope Visual Intrusion


Parking/Traffic:

The expected number of trips generated by the proposed use is 409 trips per day according to the trip rate for a general merchandise use greater than 3,500 square feet for the proposed floor area. A Traffic Impact Study is required for proposals that generate more than 1,000 trips per day unless a waiver is issued.

The applicant has provided documentation showing that the office/warehouse use for Dallas Habitat for Humanity will have the required number of parking spaces for their use if the request site is developed.

Landscaping: Landscaping required per Article X of the Dallas Development Code.

Z089-101

5

CPC Minutes: November 20, 2008

Motion: It was moved to recommend approval a CR Community Retail District on property zoned an IR Industrial Research District on the southeast corner of Hampton Road and Singleton Boulevard.

Maker: Wolfish Second: Weiss Result: Carried: 14 to 0





Speakers: None

Z089-101

6

List of Partners/Principals/Officers: Owner

Z089-101

7

List of Partners/Principals/Officers: Applicant

Z089-101

8

Z089-101

9

Multifamily

Retail / gas

station Auto service/ commercial

Restaurant

Office/ warehouse

Warehouse

Personal service

Auto service/ commercial

Z089-101

10

1

Z089-101

11

CPC Responses

Z089-101

12

Page 1 of 1 10/29/2008 Notification List of Property Owners Z089-101 12 Property Owners Notified Label # Address Owner 1 2800 HAMPTON DALLAS HABITAT BUILDING HEADQUARTERS INC X 2 3000 HAMPTON CAVER FAMILY TRUST 3 3001 HAMPTON LAKEWEST REVITAL FNDN INC % DFW ADVISORS

LTD CO 4 2211 SINGLETON LAKEWEST REVITAL FNDN INC % DFW ADVISORS

LTD CO 5 2211 SINGLETON MINYARDS ON THE GO % DFW ADVISORS LTD CO 6 2910 COOMBSVILLE JVMC PROPERTY INV LP 7 2912 COOMBSVILLE VALE ALLIENE 8 2911 HAMPTON STRICKLIN MOLLIE MAE 9 2907 HAMPTON CROMWELL DEV CORP 10 2823 HAMPTON EPLEY GWENDOLYN J 11 3030 HAMPTON ARBOR WOODS HOUSING LP SUITE 1145 12 2102 SINGLETON PLS PROPERTY MANAGEMENT OF TEXAS LP


Z089-101

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Z089-101

14






MAPSCO: 37 R V; 38 N S

SUBJECT

A public hearing to receive comments regarding an application for a Conservation District on property zoned an R-7.5(A) Single Family District, a CR Community Retail District, an MF-2(A) Multifamily District and a P(A) Parking District in an area generally bounded by the northern blockfaces of Angora Street, the western blockface of Old Gate, both sides of Eustis Avenue, and the eastern blockfaces of Lakeland Drive and an ordinance granting a Conservation District on property zoned an R-7.5(A) Single Family DistrictRecommendation of Staff: Denial of the conservation district and denial of the conceptual plan and recommend that the City Plan Commission authorize a hearing to consider a Planned Development DistrictRecommendation of CPC: Approval of the conceptual plan and approval of a Conservation District, subject to the applicant’s conditions with revisions on property zoned an R-7.5(A) Single Family District, with no change to property zoned a CR Community Retail District, a P(A) Parking District, and MF-2(A) Multifamily DistrictZ056-277(KS)

Z056-277(KS)

1

HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, JANUARY 14, 2009 ACM: A.C. Gonzalez FILE NUMBER: Z056-277 (KS) DATE FILED: June 28, 2006 LOCATION: An area generally bounded by the northern blockfaces of Angora

Street, the western blockface of Old Gate, both sides of Eustis Avenue, and the eastern blockfaces of Lakeland Drive.

COUNCIL DISTRICT: 9 MAPSCO: 37R, 37V, 38N, 38S SIZE OF REQUEST: Approx. 187 Acres CENSUS TRACT: 81.00 APPLICANT: Gary McCoy, representing the Little Forest Hills neighbors REQUEST: An application for a Conservation District on a property zoned an R-

7.5(A) Single Family District, a CR Community Retail District, a P(A) Parking District and an MF-2(A) Multifamily District.

SUMMARY: The proposed regulations and conceptual plan embodies the

recommendations of the community stakeholders negotiating committee. The proposed conservation district includes approximately 956 properties. The proposed plan will do little to conserve the typical characteristics of the neighborhood above and beyond what could be accomplished by a Neighborhood Stabilization Overlay or a Planned Development District. Accordingly, staff cannot consider the proposed ordinance as a conservation district as defined by the enabling ordinance.

CPC RECOMMENDATION: Approval of the conceptual plan and approval of a

Conservation District, subject to the applicant’s conditions with revisions on property zoned an R-7.5(A) Single Family District, with no change to property zoned a CR Community Retail, a P(A) Parking District, and an MF-2(A) Multifamily District

STAFF RECOMMENDATION: Denial of the conservation district and denial of the conceptual plan. Recommend that City Plan Commission or City Council authorize a hearing to consider a Planned Development District.

Z0 56-277(KS)

2


• A zoning change application was submitted by property owners to the city in June of 2006 for a conservation district feasibility study to be conducted by the Department of Development Services. The application contained petition signatures from 68 percent of the property owners in support of conducting a conservation district study.

• In their application to the city and the preferences survey, Little Forest Hills

owners expressed a number of goals they hoped to accomplish through a conservation district, to wit:

1. Front and side yard setbacks. 2. Greenspace/landscaping. 3. Size and scale. 4. Architectural styles. 5. Height looming. 6. Demolition. 7. Materials. 8. Parking. 9. Lot coverage. 10. Garage placement

• Little Forest Hills is a neighborhood east of White Rock Lake that was originally

plated as several subdivisions, predominantly in the Lakeland Terrace subdivision. Lakeland Terrace was platted in 1925 however construction was delayed until the 1930’s and 1940’s due to the Great Depression and World War II.

• The Little Forest Hills neighborhood contains mostly houses with small foot

prints, designed with little ornamentation.

• There are a variety of architectural forms, primarily minimal traditional homes.

• Community meetings facilitated by the City of Dallas began in December of 2006. There were a number of committee and community meetings with the neighborhood. Due to the large size of this application (900+ properties), a new set of procedures was developed to move the process forward.

• Revised Conservation District study process resulted in the establishment of a

neighborhood stakeholder negotiating committee, composed of both parties in favor of and against Conservation District status. This group was charged with working with staff to develop a proposed ordinance.

• The proposed ordinance includes standards that apply to accessory structures,

driveways and paving, fences, height, landscaping, lot coverage, setbacks, and stories.

Z0 56-277(KS)

3

ZONING HISTORY:

1. B078-128 On October 13, 2008 the Board of Adjustment approved the request for a front yard setback variance.

2. BO78-083 On June 28, 2008 the Board of Adjustment approved the request for a front yard setback variance.

3. Z067-291 On December 7, 2007 the City Council partially approved the request for a Neighborhood Stabilization Overlay and denied without prejudice the remainder of the request area.

4. Z056-280 On September 13, 2006, the City Council approved a Specific Use Permit for a Child-care facility for a three-year period with eligibility for automatic renewal for additional three-year periods, subject to a site plan and conditions.

5. B056-256 On August 23, 2006, the City Council approved a Specific Use Permit for an Alcoholic Beverage Establishment use for a bar, lounge, or tavern

6. B034-174 On April 21, 2004 the Board of Adjustment approved the request for a front yard setback variance.

STAFF ANALYSIS: Comprehensive Plan: As demonstrated by the goals and policies listed below, forwardDallas! provides broad and general support for the conservation of neighborhood character and sense of place. However, it should be noted that staff does not believe these goals will be realized by the proposed ordinance: LAND USE ELEMENTS

GOAL 1.1 ALIGN LAND USE STRATEGIES WITH ECONOMIC DEVELOPMENT PRIORITIES

Policy 1.1.5 Strengthen existing neighborhoods and promote

neighborhoods’ unique characteristics.

Z0 56-277(KS)

4

ECONOMIC ELEMENT GOAL 2.5 FOSTER A CITY OF GREAT NEIGHBORHOODS

Policy 2.5.1 Promote strong and distinctive neighborhoods to enhance

Dallas’ quality of life. URBAN DESIGN

GOAL 5.1 PROMOTE A SENSE OF PLACE, SAFETY AND

WALKABILITY

Policy 5.1.2 Define urban character in Downtown and urban cores.

Policy 5.1.3 Encourage complementary building height, scale, design and character.

GOAL 5.2 STRENGTHEN COMMUNITY AND NEIGHBORHOOD

IDENTITY

Policy 5.2.1 Maintain neighborhood scale and character.

Policy 5.2.2 Promote the character of the city’s significant districts, linkages and areas.

NEIGHBORHOOD ELEMENT

GOAL 7.1 PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS

Policy 7.1.2 Promote neighborhood-development compatibility. Policy 7.1.3 Encourage a sense of community and identity.

GOAL 7.2 PRESERVATION OF HISTORIC AND CULTURAL ASSETS

Policy 7.2.2 Create a sense of place through the built environment while

maintaining the existing historic fabric. Policy 7.2.4 Protect historic and cultural assets.

Z0 56-277(KS)

5

LAND USE:

Zoning Land Use

Site CR, MF-2(A), P(A), R-7.5(A) Single family, Community Retail, Multifamily

Northeast D(A), NS(A), R-7.5(A), R-10(A) Single family, Community Retail

Southeast R-7.5(A) Single family

Southwest PD 575, R-10(A) Single family

Northwest CR, PD 287, MF-1(A), R-10(A) Single family, Community Retail, Commercial

Land Use Compatibility: Little Forest Hills is a collection of predominantly minimal traditional single family homes. Although the existing R-7.5(A) zoning provides sufficient protection to ensure the neighborhood remains single family, at issue is introduction of an additional layer of regulations to address architectural and cultural integrity. Conservation Districts are a zoning tool intended to accomplish this. Development Standards: Attached is the proposed Ordinance and proposed Conceptual Plan based on the recommendations of the community stakeholders negotiating committee. The proposed ordinance includes development standards that apply to garage/accessory structures, placement of driveways, paving, fences, height, landscaping, lot coverage, setbacks and stories. As provided by the enabling ordinance, a Conservation District is intended to conserve the architectural and cultural characteristics of a neighborhood; in other words, Conservation Districts seek to preserve to the greatest extent possible a neighborhood’s existing sense of place. Conservation Districts are seen as a tool to “conserve” neighborhoods that could transition into Historic Districts. The proposed ordinance fails to address many -- if not most -- of the areas of concern addressed in the application and preferences survey. Moreover, absent any demolition standard, it will be difficult to maintain the existing sense of place by protecting the current inventory of built space. Without even a modest demolition standard, and absent any design guidelines whatsoever—other than setbacks, height, garage placement, etc. matters more properly addressed through a Neighborhood Stabilization Overlay (NSO) or a Planned Development District (PD)—staff’s analysis is this ordinance will result in a Conservation District in name only.

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The neighborhood displays the architectural styles that were prevalent across the United States during the Depression and post-World War II years. The house styles are mainly bungalow and Minimal Traditional. The Minimal Traditional houses were built in response to the FHA’ housing and mortgage programs. Little Forest Hill is predominantly known for its “small house design”, which typically is a home with less than six rooms. This housing plan became popular between 1890 and 1920 and the years following World War II. The small house plan, the bungalow plan, and other types of vernacular housing styles were all a result of the time period. The reduction of floor space and the use of standardized plans helped to offset the rising cost of home construction and made home ownership possible for more Americans. These houses are significant to the growth and development of the history of Dallas. Landscaping: Landscaping must be provided in accordance with Article X, as amended except for the landscaping provisions incorporated into the draft ordinance. The proposed landscaping provisions make some minor changes to the existing Article X provisions to encourage the replacement of trees and encourage living plant materials in the front yards. Again, in and of itself, this would not warrant a Conservation District. The desires expressed in the proposed ordinance can be enacted through other planning tools Traffic Analysis: The Engineering Section of the Department of Development Services has reviewed the request and determined that it will not significantly impact the surrounding street system for the proposed development. Conservation District Process: Conservation Districts follow a process to help the neighborhood reach consensus on what should be included in the proposed regulations. The process is as follows:

1. Application submitted An application can be initiated by:

1. Submitting a complete application, including an application fee, from persons who collectively own more than 50 percent of the land and the building sites within the requested area, or

2. City Plan Commission, or 3. City Council.

In this case, the Little Forest Hills neighbors chose option one and

submitted an application to the city requesting a conservation district. The applicant paid the required fee. The applicant also submitted petition signatures from 68 percent of the property owners in the proposed district.

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2. Feasibility Study and the Determination of Eligibility

To be eligible for a conservation district, a proposed district must meet the following four criteria:

1. contain at least one blockface; 2. be either stable or stabilizing; 3. contain significant architectural or cultural attributes; and 4. have a distinctive atmosphere or character that may be

conserved by protecting or enhancing its architectural or cultural attributes.

3. Community Meetings

Once the proposed district is determined to be eligible for a conservation district, the Department of Development Services hosts public meeting to inform property owners in the proposed district of the nature of the pending conservation district request. After the initial meeting, there were a number of subsequent meetings were held. In these meetings, both proponents and opponents of the Conservation District discussed what the important characteristics were in the neighborhood, specifically what they wanted to preserve, protect, and prohibit.

4. Development of a Draft Ordinance and Conceptual Plan

Based on the comments, the preferences surveys, and neighborhood stakeholder negotiating committee recommendations, staff developed the draft Conceptual Plan and the City Attorney’s Office developed the draft ordinance. Property owners reviewed the draft ordinance at the final community meeting.

Miscellaneous: Within the heart of the Little Forest Hills Neighborhood are several properties zoned Community Retail, Parking District, and Multifamily. One of the properties, 9008 San Benito is a Multifamily building. The other properties located at 8934, 8935, 8938, 8939, 9007, & 9011 San Benito and 1720 & 1808 Ocalla are zoned for community retail. 9003 Angora is also zoned a P(A) Parking District and these properties should be excluded from the residential conservation district. These properties are not compatible in architectural style or in their commercial use with the intent of the conservation district. Accordingly, they have been excluded from the proposed ordinance.

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CPC ACTION: (November 6, 2008) Motion: It was moved to recommend approval of a Conservation District and approval of the conceptual plan, subject to the applicant’s conditions on property zoned an R-7.5(A) Single Family District, a CR Community Retail District and MF-2(A) Multifamily District in an area generally bounded by the northern blockfaces of Angora Street, the western blockface of Old Gate, both sides of Eustis Avenue, and the eastern blockfaces of Lakeland Drive with the following additions on Page 8-74, Section 4, DEVELOPMENT STANDARDS, Section (d), GARAGES, CARPORTS, AND OTHER ACCESSORY STRUCTURES, add to (1) The words “And carports” after the word garages; (2) Add the words ”And carports” after the word garages. (3) Strike number 3. (4) Renumber to 3. (5) Renumber to 4. Remove from the ordinance property zoned Community Retail, parking District, and Multifamily on lots 9008, 8934, 8935, 8938, 8939, 9007, 9011, 9015 San Benito; 1720 and 1808 Ocalla; 8801 and 9003 Angora. Remove Lots 8801, 8809, 8811, 8903, 8919, 8923, 8927, 8931, 8935, 8941 Angora.

Maker: Weiss Second: Ekblad Result: Carried: 13 to 1

For: 13 - Prothro, Gary, Davis, Rodgers, Lozano, Bagley, Lavallaisaa, Weiss, Lueder, Buehler, Wolfish, Ekblad, Emmons

Against: 1 - Alcantar Absent: 0 Vacancy: 1 - District 2


Speakers: For: Kat Benner, 8723 San Fernando Way, Dallas, TX, 75218 Angelica Parra, 8615 Diceman Dr., Dallas, TX, 75218 Melissa McCurly, 8614 San Leandro Dr., Dallas, TX, 75218 Joe Beaudette, 9034 San Leandro Dr., Dallas, TX, 75218 Michael Schmitt, 8702 San Benito Way, Dallas, TX, 75218 Franklyn Mickelsen, 8627 Eustin Ave., Dallas, TX, 75218 Mike McHenry, 9010 Redondo Dr., Dallas, TX, 75218 For (Did not speak): Suzanne McHenry, 9010 Redondo Dr., Dallas, TX, 75218 Joy Cox, 8814 Daytonia Ave., Dallas, TX, 75218 Colleen Sims, 8710 Forest Hills Blvd., Dallas, TX, 75218 Mildred Grove, 8810 San Fernando Way, Dallas, TX, 75218 Terry Ford, 9034 San Leandro Dr., Dallas, TX, 75218 Pam Proctor, 1706 Lakeland Dr., Dallas, TX, 75218 Charles McGee, 9037 Groveland Dr., Dallas, TX, 75218 Mark Fletcher, 8922 Eustis Ave., Dallas, TX, 75218 Gary McCoy, 9028 Redondo Dr., Dallas, TX, 75218

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Mark Davis, 8931 San Fernando Way, Dallas, TX, 75218 Karla Marie, 8643 Daytonia Ave., Dallas, TX, 75218 Carl McFarland, 8815 San Leandro Dr., Dallas, TX, 75218 Juanita Carter, 8938 San Fernando Way, Dallas, TX, 75218 Ann Fekety, 9263 Forest Hills Blvd., Dallas, TX, 75218 Francis Cortese, 8710 San Benito Way, Dallas, TX, 75218 Gaylin Bonner, 8931 Redondo Dr., Dallas, TX, 75218 Mary Anne Flores Harmon, 8702 Daytonia Ave., Dallas, TX, 75218 Wanda Baker, 9326 Biscayne Blvd., Dallas, TX, 75218 Barbara Palmer, 8938 San Fernando Way, Dallas, TX, 75218 Amy Ewell, 9019 Eustis Ave., Dallas, TX, 75218 Diana Miller, 9003 Santa Clara Dr., Dallas, TX, 75218 Sandra Stevenson, 8614 Dan Benito Way, Dallas, TX, 75218 Hilda Winover, 8811 Eustis Ave., Dallas, TX, 75218 Loraine Young, 8651 Angora St., Dallas, TX, 75218 Paul Young, 8651 Angora St., Dallas, TX, 75218 Lewis Miller, 9003 Santa Clara Dr., Dallas, TX, 75218 Larry Harmon, 8702 Daytonia Ave., Dallas, TX, 75218 Finley Moll, 8624 Redondo Dr., Dallas, TX, 75218 Adrian Churchill, 1714 Lakeland Dr., Dallas, TX, 75218 Beverly Howard, 8710 San Leandro Dr., Dallas, TX, 75218 Linda Calvert, 9003 San Fernando Way, Dallas, TX, 75218 Cherry Harrison, 8646 San Fernando Way, Dallas, TX, 75218 Therese Porter, 8658 Angora St., Dallas, TX, 75218 Paula Schmitt, 8702 San Benito Way, Dallas, TX, 75218 Debra Griffin, 8811 San Benito Way, Dallas, TX, 75218 Valarie Stuart, 9033 Redondo Dr., Dallas, TX, 75218 Jeff Mason, 8806 San Leandro Dr., Dallas, TX, 75218 Robert Klug, 8718 San Benito Way, Dallas, TX, 75218 Leonard Weakland, 8806 San Fernando Way, Dallas, TX, 75218 Vail Fassett, 9007 San Fernando Way, Dallas, TX, 75218 Patsy Chastain, 8640 Groveland Dr., Dallas, TX, 75218 Louis Whatley, 8707 San Benito Way, Dallas, TX, 75218 Kathleen Casey, 8638 Angora St., Dallas, TX, 75218 Donna Denisson, 6323 Lakeshore Dr., Dallas, TX, 75214 Crispin Reedy, 8723 Groveland Dr., Dallas, TX, 75218 Tim Alexander, 8626 San Fernando Way, Dallas, TX, 75218 Vail Fassett, 9023 Eustis Ave., Dallas, TX, 75218 Barbara Canter, 8646 Eustis Ave., Dallas, TX, 75218 David Hand, 8614 San Fernando Way, Dallas, TX, 75218 Jim Holbert, 8903 Diceman Dr., Dallas, TX, 75218 Kay McKinney, 8919 Daytonia Ave., Dallas, TX, 75218 Sherry Drennan, 8815 San Fernando Way, Dallas, TX, 75218 Helen Kenedi, 9043 Redondo Dr., Dallas, TX, 75218 Ann Albers, 9006 San Fernando Way, Dallas, TX, 75218 Susan Remele, 8615 Daytonia Ave., Dallas, TX, 75218 John Chastain, 8640 Groveland Dr., Dallas, TX, 75218 Barbara Lacy-Whalen, 8814 Redondo Dr., Dallas, TX, 75218 Amy Box, 8915 San Fernando Way, Dallas, TX, 75218 Keith Scott Bahr, 8719 Redondo Dr., Dallas, TX, 75218 Dianne Evans, 8710 Redondo Dr., Dallas, TX, 75218 Alan Cooper, 8810 Daytonia Ave., Dallas, TX, 75218 Laura Wiles, 8719 San Benito Way, Dallas, TX, 75218 Jennifer Pell, 8810 Groveland Dr., Dallas, TX, 75218 Lisa Woolie, 1918 Lakeland Dr., Dallas, TX, 75218 Richard George, 8614 San Leandro Dr., Dallas, TX, 75218

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Owen Pippin, 8756 Forest Hills Blvd., Dallas, TX, 75218 Laurie McClurg, 8653 Redondo Dr., Dallas, TX, 75218 Christine Czarnecki, 8934 Eustis Ave., Dallas, TX, 75218 Debra Cortese, 8710 San Benito Way, Dallas, TX, 75218 Gina Novak, 9031 San Benito Way, Dallas, TX, 75218 Kristin Laminack, 8639 Forest Hills Blvd., Dallas, TX, 75218 Mary Ortega, 9011 Diceman Dr., Dallas, TX, 75218 Anne Weis, 8803 Diceman Dr., Dallas, TX, 75218 Susan Folger, 8654 Eustis Ave., Dallas, TX, 75218 Perry Blair, 8806 San Benito Way, Dallas, TX, 75218 James Folger, 8654 Eustis Ave., Dallas, TX, 75218 Kathryn Hurn, 9046 Redondo Dr., Dallas, TX, 75218 Heather McCamey, 9010 San Fernando Way, Dallas, TX, 75218 Against: Alan Hoffman, 9010 Groveland Dr., Dallas, TX, 75218 Randall Talley, 8932 San Fernando Way, Dallas, TX, 75218 Angela Hights, 8934 Groveland Dr., Dallas, TX, 75218 Jay Crutcher, 9020 Forest Hills Blvd., Dallas, TX, 75218 Jeff Dworkin, 8707 Daytonia Ave., Dallas, TX, 75218 Andrew Melsheimer, 9026 Diceman Dr., Dallas, TX, 75218 Nathlee Morse, 9021 Santa Clara Dr., Dallas, TX, 75218 Robert Dorrell, 9027 Groveland Dr., Dallas, TX, 75218

Against (Did not speak): Jack Tilbury, 10236 Shadow Way, Dallas, TX, 75218 Thomas Verly, 9029 Forest Hills Blvd., Dallas, TX, 75218 Michael Holter, 8650 Diceman Dr., Dallas, TX, 75218 Joseph Lane, 2011 N. Collin, Richardson, TX, 75080 Michael Clark, 8930 Groveland Dr., Dallas, TX, 75218 Anna Clark, 8930 Groveland Dr., Dallas, TX, 75218 Victor Hagemann, 8919 Forest Hills Blvd., Dallas, TX, 75218 John Dreiling, 9029 Angora St., Dallas, TX, 75218 Michael Oglesby, 9007 Angora St., Dallas, TX, 75218 Kevin Ganter, 1429 N. Buckner Blvd., Dallas, TX, 75218 Eric Johnson, 9008 San Benito Way, Dallas, TX, 75218 Meredith Talky, 8932 San Fernando Way, Dallas, TX, 75218 D.J. White, 5639 Bell Ave., Dallas, TX, 75206

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. .

Residential

Residential

Residential l

Community Retail

KS

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KS

6

5

3

1

2

4

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Page 1 of 33

11/21/2008 Notification List of Property Owners

Z056-277

1012 Property Owners Notified 169 Property Owners Opposed 449 Property Owners in Favor

Vote Label # Address Owner

1 8659 ANGORA HANTZ BRADY P

2 8655 ANGORA BURROUGH PAUL & ERIN

O 3 8651 ANGORA YOUNG LORRAINE E L &

O 4 8645 ANGORA CRADDUCK CAROL ANNE

X 5 8643 ANGORA CHRISTENSEN JAMES A &

6 8639 ANGORA TEJEDA MARIO ALCOCER

X 7 9022 DICEMAN DUKE CHARLES W

O 8 8631 ANGORA MARTIN CHAD K

O 9 8627 ANGORA EDGAR LAURA E

O 10 8623 ANGORA DILLON DEENA

O 11 8619 ANGORA SHOOK CLAUDIA E

12 8615 ANGORA COLON ANTOLINO & MARISA

X 13 8611 ANGORA ROGERS GREG H & DONNA

O 14 8607 ANGORA JAFFRIES JAMIE A II

O 15 8603 ANGORA HUKILL SIGRUN

O 16 8602 ANGORA WALLACE MICHAEL S &

17 8606 ANGORA BURRES DANIEL J & CYNTHIA

18 8610 ANGORA DEUBNER KEVIN P

O 19 8646 ANGORA DELAROSA GRACIELA

20 8618 ANGORA NEILON LESA SHERRE

O 21 8622 ANGORA SEGURA SAMUEL & MARY E

O 22 8626 ANGORA SCHMIDT LISA LEE

23 8630 ANGORA TURNER CHRISTIE L

O 24 8634 ANGORA GRAMMER BILLIE E

O 25 8638 ANGORA CASEY KATHLEEN ANN

26 8642 ANGORA POWERS RICHARD A & BETTY

Friday, November 21, 2008

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O 27 8650 ANGORA ONDRUSEK BILLY J

O 28 8654 ANGORA KUCHERA JAMES R

O 29 8658 ANGORA PORTER THERESE C

30 8657 SAN FERNANDO JOINER JANE M

O 31 8655 SAN FERNANDO BUCHER SHARON E

32 8651 SAN FERNANDO DANIEL L M

33 8647 SAN FERNANDO MADELEY KATHERINE C

34 8643 SAN FERNANDO HONEYCUTT GARY L JR &

35 8639 SAN FERNANDO GUYER REGINALD R

O 36 8635 SAN FERNANDO HAINE CHRISTOPHER JOHN

O 37 8631 SAN FERNANDO BALLARD TERESA ANN

O 38 8627 SAN FERNANDO LYMAN MARGARET

O 39 8623 SAN FERNANDO HEINEMAN PAUL M

O 40 8619 SAN FERNANDO SMITH WAYNE ALLEN &

41 8615 SAN FERNANDO VRANIQI LUAN

O 42 8611 SAN FERNANDO FEKETY ANN

X 43 8607 SAN FERNANDO TUBBS LESLIE

X 44 8603 SAN FERNANDO JOHNSON NANCY ELLEN

X 45 8600 SAN FERNANDO PATTERSON GREGORY G

46 8610 SAN FERNANDO AKERS PAUL H

O 47 8614 SAN FERNANDO HAND DAVID J

O 48 8618 SAN FERNANDO STEPHENS ERNEST III

49 8622 SAN FERNANDO SEEDS DEIRDRE NELSON

O 50 8626 SAN FERNANDO ALEXANDER TIMOTHY ROSS

X 51 8630 SAN FERNANDO RICHARD LANE DEV CO

52 8638 SAN FERNANDO CALLAHAN KENNON L & JULIA

X 53 8642 SAN FERNANDO SURLES CRAIG

O 54 8646 SAN FERNANDO HARRISON CHERRY E

O 55 8650 SAN FERNANDO MILLER BARBARA L

X 56 8654 SAN FERNANDO NARAMORE WILLIAM C JR &

O 57 8659 FOREST HILLS ARONSON DANA L


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O 58 8655 FOREST HILLS SCHMITT MICHAEL L &

O 59 8651 FOREST HILLS COLVIN CYNTHIA L &

60 8647 FOREST HILLS WHITE DON L

61 8643 FOREST HILLS COFFMAN GARY C

O 62 8639 FOREST HILLS LAMINACK KRISTIN

63 8633 FOREST HILLS FISCHER SUSAN E

64 8631 FOREST HILLS BELLAMY RICHARD W & JENNY

X 65 8823 SAN FERNANDO JOHNSON ERIC

X 66 8623 FOREST HILLS SANDERS STEPHEN P

O 67 8619 FOREST HILLS HAMIL LAURA L

O 68 8615 FOREST HILLS FORTUNA A & A

O 69 8611 FOREST HILLS SAYAS SIRILO &

O 70 8600 FOREST HILLS SAYAS SIRILO

71 8608 FOREST HILLS COZART STEVEN O

X 72 8612 FOREST HILLS REAGAN LYNN ANNE

X 73 8616 FOREST HILLS REED GRACIE V

O 74 8620 FOREST HILLS PETERS MAUREEN

O 75 8624 FOREST HILLS STALCUP DENNIS L &

O 76 8628 FOREST HILLS EAZOR MARY JOE GALBRAITH

77 8632 FOREST HILLS RICHARD LN DEV CO

78 8636 FOREST HILLS BOURLAND THOMAS C &

X 79 8640 FOREST HILLS FLEEGER BEVERLY L

O 80 8648 FOREST HILLS DRUM KATHRYN A &

X 81 8652 FOREST HILLS DIVIRGILIO JOHN

O 82 8656 FOREST HILLS HANIE R L

83 8657 REDONDO BEHR ALISON K

O 84 8653 REDONDO MCCLURG LAURIE M

O 85 8649 REDONDO MCCLURG MARIETTA V

O 86 8641 REDONDO TRIMBLE JOHN

X 87 8637 REDONDO MOSES REX

X 88 8633 REDONDO BYRNE RICHARD H & NANCY


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89 8629 REDONDO EDGMON BYRON & LAURA

O 90 8625 REDONDO CARPENTER MARK S &

91 8621 REDONDO MARTIE ANTHONY

O 92 8617 REDONDO STREFF ROBIN G

X 93 8613 REDONDO SALAFIA MICHAEL A

X 94 8601 REDONDO RABY ROBIN JASON

95 8600 REDONDO DEROCHA KRISTEN &

X 96 8608 REDONDO TUTTLE KERRI L

O 97 8612 REDONDO SHAFER JODY L

O 98 8616 REDONDO ROETS PETER &

99 8620 REDONDO FRANCIS JAMES M

O 100 8624 REDONDO MOLL FINLEY

101 8628 REDONDO SOLOMON JEAN MARIE

102 8632 REDONDO KEMPF GEORGE STEPHEN

103 8636 REDONDO COX HUGH M & JOAN M

O 104 8640 REDONDO CATER JAN

105 8644 REDONDO COOPER RYAN

O 106 8648 REDONDO CLUTE NATALIE G & SCOTT M

X 107 8652 REDONDO RICHARD LANE DEV CO

O 108 8656 REDONDO OBREGON R KEVIN &

109 8655 SANTA CLARA BRUCE PATRICIA R TR

O 110 8653 SANTA CLARA COWART NATHAN COLE &NNE

111 8647 SANTA CLARA GILLOCK GLENDA

112 8639 SANTA CLARA BRUCE PATRICIA MGMT TRUST

O 113 8631 SANTA CLARA WILLIAMS JENNIFER ELAINE

O 114 8627 SANTA CLARA EDGAR NANCY ET AL

115 8623 SANTA CLARA BOWMAN JOHN RUSSELL II

116 8621 SANTA CLARA BEARD DENNIS

117 8617 SANTA CLARA MCKISSICK MICHAEL DUNCAN

118 8611 SANTA CLARA HUNTER GEORGE D

O 119 8607 SANTA CLARA SESSA PATRICIA L


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120 8603 SANTA CLARA WATERS BRADLEY A

O 121 8602 SANTA CLARA GRENIER GROUP LLC

O 122 8606 SANTA CLARA MASON DARRELL J & DONNA S

123 8610 SANTA CLARA STEED MICHAEL J &

O 124 8614 SANTA CLARA BERRELLS NUALA M

O 125 8618 SANTA CLARA GLOVER JAMES T & ANDREA L

O 126 8622 SANTA CLARA TURNER JAMES P

O 127 8626 SANTA CLARA SMITH JOHN F JR &

O 128 8630 SANTA CLARA KEE LINDSEY A

O 129 8634 SANTA CLARA OBRIEN JOHN J & JOANN W

130 8638 SANTA CLARA STRANGE ROBSON

131 8642 SANTA CLARA POSTON LINDA DICKEY

O 132 8646 SANTA CLARA WRIGHT CHRISTINE W

X 133 8650 SANTA CLARA EATON ROAD LTD

O 134 8654 SANTA CLARA Taxpayer at

X 135 8655 DICEMAN RICHARD LN DEVELOPMENT CO

136 8651 DICEMAN EVANS KIRK &

O 137 8647 DICEMAN YOUNG BETH L

X 138 8643 DICEMAN COLE KRISTI R

O 139 8639 DICEMAN LUNA ALICIA

140 8635 DICEMAN TAPP CORA DANINE F

X 141 8631 DICEMAN MORGAN PARK LTD &

X 142 8938 SANTA CLARA MONROE JOWANNA

O 143 8623 DICEMAN WALLACE R D

O 144 8619 DICEMAN WALLACE R D & ELLEN

O 145 8615 DICEMAN PARRA ANGELICA TR

O 146 8611 DICEMAN CLIFFORD BERNELL &

147 8607 DICEMAN ZIMMERN ALFRED JR EST OF

148 8603 DICEMAN ZIMMERN FRANCES G

149 1602 LAKELAND GIL CAROLYN A

150 1606 LAKELAND KLINE JILL


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151 1610 LAKELAND LASALLE BANK NATL ASSO

152 1614 LAKELAND RUSSELL MELISSA

O 153 1618 LAKELAND LANDER BRIAN &

O 154 8615 DAYTONIA REMELE SUSAN K

O 155 8619 DAYTONIA MCKINNEY KAY A

156 8623 DAYTONIA MACA VLASTA

157 8631 DAYTONIA SAYRE MARY CHRISTINE

O 158 8639 SAN BENITO SANTANNA DISTRIBUTING INC

O 159 8639 DAYTONIA BLOOMER KERI

O 160 8643 DAYTONIA MARIE KARLA

161 8651 DAYTONIA SMITH KATHLEEN G &

X 162 8650 DICEMAN HOLTER MICHELE &

163 8646 DICEMAN CARD PAUL B

O 164 8642 DICEMAN BYARS SETH R &

O 165 8638 DICEMAN GETTO MARY VIRGINIA

X 166 8632 DICEMAN MURPHY WILLIAM B &

X 167 8626 DICEMAN ABRAHAMSON JOHN R

168 8614 DICEMAN JAMES SCOTT D

169 8703 DAYTONIA ALCOCER MARIA GUADALUPE

X 170 8923 ANGORA JLD CUSTOM HOMES LP

171 8711 DAYTONIA HEED MATTIE L TRUSTEE

172 8715 DAYTONIA HEED MATTIE LOUISE TR

173 8719 DAYTONIA HEED CYNTHIA LOUISE

O 174 8723 DAYTONIA ORLANDO MATTHEW C

O 175 8803 DAYTONIA SIMMONS GARY THOMAS

X 176 8807 DAYTONIA MAHLERSTEIN WYNDESDEI G

X 177 8811 DAYTONIA MURPHY RALPH EDWIN

X 178 8815 DAYTONIA MURPHY RALPH EDWIN

O 179 8819 DAYTONIA PIPKINS SAM W

O 180 8823 DAYTONIA VONDENSTEIN DAVID WAYNE

X 181 8813 DICEMAN EATON ROAD LTD &


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X 182 8818 DICEMAN BENARDEZ RUTH

O 183 8814 DICEMAN NORWOOD RAY E

184 8810 DICEMAN GLOVER STEPHANIE ET AL

185 8806 DICEMAN NOLEN CLAUDE

186 8802 DICEMAN JONES N D

O 187 8722 DICEMAN BLACK HENRY

X 188 8718 DICEMAN LANE CUSTOM HOMES LP

189 9012 DICEMAN LANE CUSTOM HOMES LP

190 8710 DICEMAN COOK BRENDA L LIFE ESTATE

191 8706 DICEMAN Taxpayer at

192 8702 DICEMAN TUREK LISA MAUREEN

O 193 8903 DAYTONIA BECKHAM SUSAN G

O 194 8907 DAYTONIA WEANT OPAL PENDLETON

195 8911 DAYTONIA AHMADIAN MICHELLE S

X 196 8915 DAYTONIA GLEBER F V

O 197 8919 DAYTONIA HOLLON WILLIAM H

O 198 8923 DAYTONIA TAYLOR MEREDITH LEE

199 8927 DAYTONIA WHITE ORCHID HOLDING CO

200 8931 DAYTONIA MEADE ANNA SUE ESTATE OF

201 8935 DAYTONIA COLE GERALD

O 202 8939 DAYTONIA DUARTE GABRIEL

O 203 8938 DICEMAN ANGEL NANCY ANN

X 204 8934 DICEMAN RAY NICOLE &

X 205 8930 DICEMAN BYERS TARA

O 206 8926 DICEMAN WRIGHT CARMEN I

X 207 8922 DICEMAN RONAN DANIEL

O 208 8918 DICEMAN RUSSELL ROBERT

O 209 8914 DICEMAN BROWN JUANITA A

210 8910 DICEMAN WALKER STUART

O 211 8906 DICEMAN HAWKINS BERRY

O 212 8902 DICEMAN OSBORNE SCOTT P &


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213 9003 DAYTONIA RUELAS VIRGINIA

214 9007 DAYTONIA HARMON MONA L

O 215 9011 DAYTONIA REEVES ALICE S

O 216 9015 DAYTONIA PINSON ROBERT S &

O 217 9019 DAYTONIA HENDERSON LENNIJO P

X 218 9023 DAYTONIA PIN SOBHARAKSHA

X 219 9027 DAYTONIA GILES ANGELA

X 220 9031 DAYTONIA GALLIA DONALD WAYNE &

X 221 9035 DAYTONIA GANTER ELAINE

X 222 9030 DICEMAN SMAARDYK SARAH &

X 223 9026 DICEMAN MELSHEIMER LAWRENCE A

O 224 9018 DICEMAN TUCKER RICHARD ALLEN &

O 225 9010 DICEMAN DAVIS D LEE

O 226 9006 DICEMAN MCMURRY TIM M &

O 227 9002 DICEMAN ALVAREZ JOSE A

228 1720 OCALLA AMERICAN BAKERS &

X 229 9007 SAN BENITO GANTER KEVIN &


X 231 9019 SAN BENITO GANTER KEVIN

O 232 9031 SAN BENITO NOVAK HOWARD JAY

233 9035 SAN BENITO GODWIN DEBBIE

O 234 9034 DAYTONIA JAROSZ CHRISTINE M

X 235 9030 DAYTONIA JLD CUSTOME HOMES LP

X 236 9026 DAYTONIA SHIRLEY THALIA

X 237 1922 LAKELAND RICHARD LANE DEVELOPMENT

X 238 8906 SAN LEANDRO JOHNSON ERIC W

O 239 9014 DAYTONIA GAUNTLETT CLAIRE L &

240 9010 DAYTONIA GRUBB RHONDA G

O 241 9006 DAYTONIA ROMERO JAMES R & SARAH E

242 9002 DAYTONIA JURICEK PATRICK T

O 243 8903 SAN BENITO HEAD MEGAN A


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O 244 8907 SAN BENITO WALKER BILLY F

O 245 8911 SAN BENITO TYLER DENISE M

O 246 8915 SAN BENITO RAMSEY TODD A &

O 247 8919 SAN BENITO MANSELL GLENDA K

O 248 8914 SAN BENITO DOUBLE STAR PROPERTIES LP

O 249 8927 SAN BENITO CASWELL DIANA L &

X 250 1808 OCALLA G MAN LTD

X 251 8935 SAN BENITO G MAN LTD PS

X 252 8938 DAYTONIA MURPHY BRIAN P &

O 253 8934 DAYTONIA SATARINO MARIANNE

254 8930 DAYTONIA MOORE DEREK B

255 8926 DAYTONIA MONTGOMERY ROYCE W &

O 256 8922 DAYTONIA HARPER ALEXIS D

257 8918 DAYTONIA HOLLON WILLIAM H & PEGGY

O 258 8914 DAYTONIA LANDRY DON

O 259 8910 DAYTONIA THOMPSON SHIRLEY E

260 8906 DAYTONIA JARDIN JANET

261 8902 DAYTONIA SHINE ANNA M

O 262 8703 SAN BENITO SCHEIBLE WILLIAM L &

O 263 8707 SAN BENITO WHATLEY LOUIS D

O 264 8711 SAN BENITO COX JAMES & HEDY A

O 265 8715 SAN BENITO CORREA LESLIE

O 266 8719 SAN BENITO WILES LAURA F

267 8807 SAN BENITO GRAMM WILLIAM J

O 268 8811 SAN BENITO DECATUR LYN R

X 269 8819 SAN BENITO LANE CHILDRENS TR

O 270 8823 SAN BENITO MCNAIRY JACK H &

271 8818 DAYTONIA FERGUSON SCOT ALAN &

272 8822 DAYTONIA MATHEWS ALPHA M

O 273 8814 DAYTONIA COX JOY

O 274 8810 DAYTONIA COOPER ALAN &


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O 275 8806 DAYTONIA LOTIEF ESTELLE

O 276 8802 DAYTONIA DAVIDSON LARRY R &

277 8714 DAYTONIA HUNT GREG B

O 278 8702 DAYTONIA HARMON MARY ANNE FLORES

O 279 1702 LAKELAND ALEXANDER CHARLES

O 280 1706 LAKELAND PROCTOR PAM

281 1710 LAKELAND LOZANO LIBRADO

O 282 1714 LAKELAND SCHELLENBERG JOANNA L &

283 1718 LAKELAND C&C RESIDENTIAL PPTIES

284 1722 LAKELAND ROSS PETER

285 8615 SAN BENITO WAGLIARDO LOREN C

X 286 8630 SAN LEANDRO DUKE CHARLES WILLIAM

O 287 8623 SAN BENITO HANNAH CAITLYN &

O 288 8627 SAN BENITO SMITH SHELBY

289 8631 SAN BENITO MARSH STACIE

O 290 8635 SAN BENITO MCKISSICK MICHAEL D &

O 291 8643 SAN BENITO RIDDLES ARTHUR T &

292 8647 SAN BENITO THOMAS CLARE M

293 8657 SAN BENITO DEVERS BERT

294 8650 DAYTONIA SULLIVAN T B

295 8646 DAYTONIA MASON DONNA SIRCY &

296 8642 DAYTONIA MARTIN BARRY A &

297 8634 DAYTONIA GRANITE CREDIT SERVICES

O 298 8630 DAYTONIA WOMACK JACQUELYN I

299 8626 DAYTONIA HERNANDEZ MISTY MARIE

300 8622 DAYTONIA REMINGTON MICHAEL

301 8618 DAYTONIA BRUNK ROBERT

302 8614 DAYTONIA SWIRCZYNSKI ERIC

303 1806 LAKELAND FENN BRAD

O 304 1810 LAKELAND RASMUSSEN LIGHTNING C

O 305 1814 LAKELAND LAWSON RITA M


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O 306 1818 LAKELAND LONG EDWARD R II

307 1822 LAKELAND PAGE RONALD TERRY II

O 308 8615 SAN LEANDRO CAULEY SHEILA A &

X 309 8619 SAN LEANDRO BRESLIN PAUL JOSEPH &

310 8623 SAN LEANDRO WARREN PETER M

O 311 8627 SAN LEANDRO TINDELL NANCY B

O 312 8631 SAN LEANDRO BROWN MARY LILLIAN

O 313 8635 SAN LEANDRO TRIPLE M LEASING LTD

314 8643 SAN LEANDRO SHAMPAIN RICHARD H

O 315 8647 SAN LEANDRO FINE RICHARD M

O 316 8653 SAN LEANDRO ATKINS KEVIN J

O 317 8656 SAN BENITO BAKER WANDA K ET AL

318 8650 SAN BENITO HARDING VALERIE ANNELLE

319 8642 SAN BENITO YOUNG SHERRY W

X 320 8634 SAN BENITO HAMER ROBERT V JR

O 321 8630 SAN BENITO SCHUMANN SHARRON L

322 8626 SAN BENITO HEFLIN ROBERT E

323 8622 SAN BENITO METCALF J A

324 8618 SAN BENITO DEUTSCHE BANK

O 325 8614 SAN BENITO STEVENSON SANDRA G

326 8707 SAN LEANDRO ROOK DENNIS

X 327 8711 SAN LEANDRO RICHARD LANE DEVELOPMENT

328 8715 SAN LEANDRO DOLLINGER JAMES R &

O 329 8719 SAN LEANDRO BOWERS MONIQUE

330 8723 SAN LEANDRO BOND E RAY III &

X 331 8803 SAN LEANDRO KNIGHT RONALD & ELIZABETH

X 332 8807 SAN LEANDRO MOORE JON PAUL

X 333 8811 SAN LEANDRO APPLIN JEFFREY &

O 334 8815 SAN LEANDRO MCFARLAND CARL LANE &

O 335 8819 SAN LEANDRO PEABODY STEPHEN DREW

O 336 8823 SAN LEANDRO URBAN LAWRENCE D


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O 337 8822 SAN BENITO BLACKWELL PEGGY

338 8818 SAN BENITO BLAGBURN LOYED JAMES

O 339 8814 SAN BENITO JOHNSTON MICHAEL K

O 340 8810 SAN BENITO MCKINNEY REBECCA AVIS

O 341 8806 SAN BENITO BLAIR PERRY

O 342 8802 SAN BENITO RYAN DEBORAH

O 343 8718 SAN BENITO KLUG ROBERT C & SHARON R

O 344 8714 SAN BENITO LEFEBER JULIA HOLLEY

O 345 8710 SAN BENITO CORTESE FRANCIS

346 8903 SAN LEANDRO ROBINSON MIKE &

O 347 8907 SAN LEANDRO MACARTNEY CAROLYN

O 348 8911 SAN LEANDRO OWEN DEBORAH K &

349 8915 SAN LEANDRO CLEMENTS ROBERT

350 8919 SAN LEANDRO SMITH ANTHONY F

351 8923 SAN LEANDRO UNITED STATES OF AMERICA

O 352 8927 SAN LEANDRO CHAVIRA JAVIER H &

X 353 8931 SAN LEANDRO MANN CHRISTIAN & RACHELLE

354 8935 SAN LEANDRO PUTNAM MICHAEL J

355 8939 SAN LEANDRO AYDT CHARLES S &

X 356 8938 SAN BENITO G MAN LIMITED

357 8934 SAN BENITO SWIRCZYNSKI ERIC & LISA

O 358 8930 SAN BENITO STOKES JOE ALAN

O 359 8922 SAN BENITO WILEY JACQUELYN DENISE

O 360 8918 SAN BENITO SANDEFER KARLA J

361 8906 SAN BENITO TARBET DAVID & PAULA

X 362 8902 SAN BENITO FLORES FRANK JR

O 363 9007 SAN LEANDRO JOHNSON JOSEPH Z

O 364 9011 SAN LEANDRO THOMPSON ROGER

O 365 9015 SAN LEANDRO MORRIS AMY

X 366 9019 SAN LEANDRO HOOD THOMAS R &

367 9023 SAN LEANDRO KELLER PATRICK D &


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O 368 9027 SAN LEANDRO NILSEN KATHERINE

369 9031 SAN LEANDRO HANSEN JERRY D

O 370 9035 SAN LEANDRO BRITTON CHRISTOPHER L


O 372 9030 SAN BENITO MONROE STEVEN

373 9022 SAN BENITO SPICA PROPERTIES LP

X 374 9008 SAN BENITO GMAN LTD

X 375 9003 GROVELAND LATSHAW ALLEN

O 376 9019 GROVELAND GEGAN THERESA M

X 377 9023 GROVELAND DORRELL ROBERT

X 378 9027 GROVELAND DORRELL ROBERT E

379 9031 GROVELAND SEWELL TOM R & SITA

O 380 9037 GROVELAND MCGEE JANE A & CHARLES R

O 381 9026 SAN LEANDRO HICKS PAULA

O 382 9014 SAN LEANDRO BOTHA BELINDA

O 383 9010 SAN LEANDRO BATES MARILYN JAN

X 384 9006 SAN LEANDRO VOWELL KEVIN

O 385 9002 SAN LEANDRO FOWLER DAVID B

O 386 8903 GROVELAND MACALUSO MARCENA

387 8907 GROVELAND RIDLEY NATALIE D &

X 388 8911 GROVELAND JARDINA MARK A & SUSAN K

O 389 8915 GROVELAND DAVIS ANDREA M

390 8919 GROVELAND FOLSOM VICKIE &

391 8923 GROVELAND TAPIA ARMANDO

392 8931 GROVELAND ADCOX JOHN R & KAREN E

X 393 8939 GROVELAND KING DWAYNE E &

X 394 8927 GROVELAND BRADLEY CAREY DALE

395 8935 GROVELAND POWELL CHARLES M & CONNIE

X 396 8938 SAN LEANDRO RICHARD LANE DEVELOPMENT

397 8934 SAN LEANDRO BEVERIDGE MARIE B

O 398 8930 SAN LEANDRO HECKENDORN THOMAS J &


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399 8918 SAN LEANDRO WAGLIARDO LARRY

X 400 8914 SAN LEANDRO MOORE WINDELL P

401 8910 SAN LEANDRO HAYES JO ANN &

O 402 8902 SAN LEANDRO DUNCAN BETTY

403 8703 GROVELAND DUFILHO JOHN M

O 404 8707 GROVELAND BEWLEY LES

405 8711 GROVELAND DIBE OMAR &

406 8715 GROVELAND DIBE OMAR L & AYERS SADIE

407 8719 GROVELAND WILLIAMS JOHN S &

O 408 8723 GROVELAND REEDY CRISPIN S

409 8803 GROVELAND MCMILLIN MARSHALL &

O 410 8807 GROVELAND DANNA CATHY

O 411 8815 GROVELAND SCHAUB STEPHEN J

O 412 8819 GROVELAND MCSHANE ANTHONY G

413 8823 GROVELAND SIMAC SHAH

O 414 8822 SAN LEANDRO HOPKINS CATHRYN S

X 415 8818 SAN LEANDRO PILLIOD ELIZABETH LF EST

O 416 8814 SAN LEANDRO WILLIFORD ROBERT E

O 417 8810 SAN LEANDRO GROVE MILDRED J &

X 418 8806 SAN LEANDRO SUTHERLAND DAVID & BRENDA

O 419 8802 SAN LEANDRO MASON DARRELL JEFFREY &

X 420 8722 SAN LEANDRO LANE CHILDRENS TRUST

421 8718 SAN LEANDRO DONCASTER WILLIAM

422 8714 SAN LEANDRO NELSON MARK STEPHEN &

O 423 8710 SAN LEANDRO HOWARD BEVERLY D

O 424 8706 SAN LEANDRO SCARBOROUGH MICHAEL T

425 8702 SAN LEANDRO SWANN FRANKLIN &

X 426 1902 LAKELAND BROKER JOHN BRUCE

O 427 1906 LAKELAND CHIN WESLEY D

428 1910 LAKELAND ROSS JACK G

O 429 1914 LAKELAND WHITE FISH TR


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O 430 1918 LAKELAND WOODIE LISA

431 8619 GROVELAND KISH LETA

O 432 8627 GROVELAND DONOVAN JILL DENISE

433 8631 GROVELAND DICKSTEIN JUSTIN

434 8635 GROVELAND TOMAS JOHN E

435 8639 GROVELAND TOMAS JOHN E &

436 8643 GROVELAND TOMAS JOHN E

O 437 8647 GROVELAND KIMBALL KELLYE A

X 438 8651 GROVELAND ORCHARD JAMES W III

439 8650 SAN LEANDRO ROY MARION B

O 440 8646 SAN LEANDRO MYERS DANE MICHAEL

X 441 8642 SAN LEANDRO EARLY ROBERT LEE

442 8638 SAN LEANDRO POPE MARY

X 443 8622 SAN LEANDRO HENDLER GLORIA M

O 444 8618 SAN LEANDRO MORRISSEY PATRICIA S

O 445 8614 SAN LEANDRO GEORGE RICHARD &

446 2010 LAKELAND KUMMER ELIZABETH A

447 2020 LAKELAND RANDALL TOM K TRUSTEE

448 8615 EUSTIS NADY SCOTT X &

449 8623 EUSTIS NADY SCOTT X &

O 450 8627 EUSTIS MICKELSEN FRANKLYN &

451 8631 EUSTIS NADY SCOTT & RONNICA

O 452 8635 EUSTIS NAVARRO FRANCISCO O

O 453 8647 EUSTIS MORRIS LESLIE A

O 454 8651 EUSTIS DANIELS JAMES BOYD

O 455 8650 GROVELAND CROWLEY SHARON R &

O 456 8646 GROVELAND CHRISTOPHER STEVEN L

O 457 8640 GROVELAND CHASTAIN JOHNNY LEWIS

458 8634 GROVELAND SCHUNCK FREDERICK D JR &

459 8630 GROVELAND DOBBS MRS B A ESTATE

460 8626 GROVELAND JANEWAY STEVEN &


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O 461 8618 GROVELAND JACKSON MARY ANN

X 462 8703 EUSTIS LOTT MATTHEW W & ALICE A

O 463 8707 EUSTIS WALKER KRISTIN R

O 464 8711 EUSTIS ARSCOTT WILLIAM A &

X 465 8715 EUSTIS FRIDGE DENNIS

X 466 8719 EUSTIS ORCHARD JAMES W III

X 467 8723 EUSTIS ORCHAD JAMES III & AMY

468 8803 EUSTIS MCCARTY MARSHA G

X 469 8807 EUSTIS RODAS JENNIFER M

O 470 8811 EUSTIS WINOVER HILDA CECILUA

471 8815 EUSTIS VALLES BERNADETTE

O 472 8821 EUSTIS WOLFSON MATAN

473 8822 GROVELAND JACKSON JUDY CAROL

474 8818 GROVELAND CHRISTENSEN CHRISTOPHER

O 475 8814 GROVELAND HAJEK ERIC

O 476 8810 GROVELAND PELL JENNIFER L

O 477 8806 GROVELAND TUCKER RICHARD ALLEN

O 478 8802 GROVELAND LITTRELL DANA LEE T

O 479 8722 GROVELAND BOLL STEVEN C

X 480 8714 GROVELAND ALLEN PHILIP H &

481 8706 GROVELAND MATZEN SHARON

X 482 8903 EUSTIS HINDS STEVEN A & MAUREEN

X 483 8907 EUSTIS BURNS RAYMOND K

O 484 8919 EUSTIS WAFFORD LUTHER S JR

X 485 8927 EUSTIS THURMAN TERRY & CECILIA

486 8931 EUSTIS STALLINGS JOHN K

O 487 8935 EUSTIS GOODEN CONSTANCE

488 8939 EUSTIS ADAMS JASON

489 8938 GROVELAND ROSS TIMOTHY J &

490 8934 GROVELAND HIGHTS ANGELA

X 491 8930 GROVELAND CLARK MICHAEL D & ANNA M


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492 8926 GROVELAND BADER GREGORY

X 493 8920 GROVELAND SCOTCH RICHARD K &

X 494 8918 GROVELAND SCOTCH RICHARD K &

O 495 9046 FOREST HILLS CARRIER ERLINDA

496 8910 GROVELAND FIELD MICHAEL

497 8906 GROVELAND WINGFIELD NICHOLE

O 498 8902 GROVELAND ALEXANDER MARJORIE N

O 499 9007 EUSTIS SANDERS GREGORY &

O 500 9011 EUSTIS PATTERSON MELISSA & GAVIN

O 501 9019 EUSTIS EWELL AMY

O 502 9023 EUSTIS FASSETT VAIL E

O 503 9027 EUSTIS PRICE JOYCE

504 9035 EUSTIS WHITE WILLA DEE EST OF

O 505 2013 OLDGATE EMERSON BETTE JUANITA

O 506 9034 GROVELAND 4TH OF JULY PROPERTIES

O 507 9030 GROVELAND RYNEARSON MARILYN

O 508 9026 GROVELAND ARNOLD JERE

509 9022 GROVELAND KUEHLER TED A

O 510 9018 GROVELAND ELKINS TAMARA LEIGH

X 511 9006 GROVELAND LATSHAW LAINIE

O 512 9002 GROVELAND GARD JOHN W

513 9003 EUSTIS KOZERA JOE & CHRISTINE

O 514 9036 EUSTIS RYAN JEFFREY DALE &

515 9030 EUSTIS STARK DENNIS L

516 9026 EUSTIS PARIS DOUGLAS E

517 9022 EUSTIS GUENDEL CAROL RUTH

X 518 9006 EUSTIS JOHNSON STEVEN CURTIS

O 519 8942 EUSTIS WELCH JASON & LORI L

520 8938 EUSTIS NAUMANN TERESA D

O 521 8934 EUSTIS CZARNECKI CHRIS

O 522 8930 EUSTIS BUHMANN DAVID M


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O 523 8926 EUSTIS FRY ERIC J

O 524 8922 EUSTIS FLETCHER MARK R

525 8918 EUSTIS SUMMERALL CLARENCE R JR

O 526 8914 EUSTIS LASSETER WILLIE EPPES

O 527 8910 EUSTIS COAN CARL A & YVONNE M

O 528 8906 EUSTIS HAIRSTON NANCY

529 8902 EUSTIS POWELL H A ESTATE OF

X 530 8810 EUSTIS ORCHARD JAMES III & AMY E

531 8718 EUSTIS SUSTAINABLE HOUSE LLC

532 8710 EUSTIS MAIER ROBERT

533 8702 EUSTIS J C BAXAVANIS LIVING

O 534 8654 EUSTIS FOLGER JAMES C & SUSAN M

O 535 8646 EUSTIS CANTER BARBARA N

O 536 8642 EUSTIS COLMENERO ISREAL R

O 537 8636 EUSTIS BREDEN PHILLIP STANLEY

X 538 8610 EUSTIS PYATT RANDY C

539 8902 ANGORA SOUTHWESTERN BELL

540 8711 ANGORA DEUTSCHE BANK TRUST

O 541 8715 ANGORA MONGELLO JUDY L

542 8707 ANGORA STREETMAN RANDY

O 543 8703 ANGORA JUDY SHARON L

X 544 8935 ANGORA JLD CUSTOM HOMES

545 8941 ANGORA M E A PPTY LLC

546 8702 ANGORA ORTIZ GABRIEL & MARIA C

O 547 8706 ANGORA SOUTHERN DEREK & CANDACE

O 548 8710 ANGORA STEWART WILLIAM J

O 549 8718 ANGORA SHIPLEY ROY DALE

550 8722 ANGORA HUEY TODD BRANDON

X 551 8726 ANGORA AXLEY CHERYL D

552 8800 ANGORA BARNETT MELISSA M

O 553 8822 ANGORA EL DIVINO SALVADOR


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O 554 8815 SAN FERNANDO DRENNAN SHERRY L

O 555 8811 SAN FERNANDO CONDIT PAULINE S

556 8807 SAN FERNANDO CUTRELL JAMES B &

557 8803 SAN FERNANDO HUSTI JILL E

O 558 8727 SAN FERNANDO MCCLAIN HENRY D

O 559 8723 SAN FERNANDO BENNER TIMOTHY J &

O 560 8719 SAN FERNANDO CRAIG MEGAN

561 8715 SAN FERNANDO AMIEL PAUL H

O 562 8711 SAN FERNANDO GRANT JEFFREY N

O 563 8707 SAN FERNANDO MARTIN ROBERT T

564 8703 SAN FERNANDO SMITH SHEILA

O 565 8702 SAN FERNANDO SANDOVAL RODRIGO VICTOR &

566 8706 SAN FERNANDO 8706 MILLS FAMILY TR

567 8710 SAN FERNANDO BREEDLOVE NEITA

568 8714 SAN FERNANDO HALIMAN SHAMALEE & TOMASA

X 569 8718 SAN FERNANDO JOHNSON JOSHUA D

O 570 8722 SAN FERNANDO GONZALES DAVID J

O 571 8726 SAN FERNANDO RUNDELL JOHN R &

572 8802 SAN FERNANDO EDWARDS SONYA SHINN

O 573 8806 SAN FERNANDO WEAKLAND LEONARD J

574 8810 SAN FERNANDO BEERS KEVIN

X 575 8814 SAN FERNANDO NAVA JESUS M & SYLVIA P

576 8818 SAN FERNANDO SINGER ARTURO

O 577 8822 SAN FERNANDO AHUMADA CHRISTINA

578 8823 FOREST HILLS BROWN JOHN C

579 8819 FOREST HILLS JIVARANUNTAKUL TEERAVUT

580 8815 FOREST HILLS EVANS SAMANTHA ESTATE

O 581 8811 FOREST HILLS JOHNSTON RONALD J SR &

O 582 8807 FOREST HILLS ADAMS MILDRED J

O 583 8803 FOREST HILLS SHEPHERD DOLLIE

584 8727 FOREST HILLS WITSELL LAWRENCE R


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O 585 8723 FOREST HILLS MCLANEY SHERON

O 586 8719 FOREST HILLS WARNER LAURA J

X 587 8715 FOREST HILLS MORROW DONALD J

588 8711 FOREST HILLS NOONER KENNETH

589 8707 FOREST HILLS ARRIAGA IRENE R

O 590 8703 FOREST HILLS PERRONE PAUL

591 8702 FOREST HILLS JONES EDWARD M III & JON

O 592 8706 FOREST HILLS PIPPIN OWEN B

O 593 8710 FOREST HILLS SIMS COLLEEN A

O 594 8714 FOREST HILLS HARON CARL IRVING EST OF

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596 8722 FOREST HILLS NOONER KENNETH R

597 8726 FOREST HILLS BRIDGE JENNIFER A

598 8802 FOREST HILLS MUSZYNSKI RALPH

O 599 8806 FOREST HILLS KOCSIS PATRICIA

600 8814 FOREST HILLS KOCSIS JENCI

O 601 8822 FOREST HILLS DEVERS GARY

X 602 8823 REDONDO JOHNSON JOYCE

X 603 8819 REDONDO HENDLER PAULINE ANNE

X 604 8815 REDONDO SOLLENBARGER KYLE &

605 8811 REDONDO SPEVAK ANDREA

606 8807 REDONDO SUH MINOK

O 607 8727 REDONDO SWINBURNE SHERRY SUZANNE

O 608 8723 REDONDO MCGAUGHY COLLEEN G

O 609 8719 REDONDO BAHR KEITH SCOTT

O 610 8715 REDONDO SELLNER NATALIE F

O 611 8707 REDONDO SWINDELL DONALD R &

O 612 8703 REDONDO SWINDELL HENRY AUSTIN &

O 613 8702 REDONDO WILLIAMS KAREN R

O 614 8706 REDONDO BEASECKER PETER

O 615 8710 REDONDO EVANS DIANNE


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616 8714 REDONDO MATHEWS CHARLIE JOHN

O 617 8718 REDONDO MONTEMAYOR VINCENT

O 618 8722 REDONDO JONES ELIZABETH MARIE

O 619 8726 REDONDO LAYNE SHERYL

O 620 8806 REDONDO SIMPSON SUSAN K

O 621 8810 REDONDO OWEN CHRISTOPHER D

O 622 8814 REDONDO LACYWHALEN BARBARA L&

O 623 8818 REDONDO MALEK DYLAN E & JESSICA P

624 8822 REDONDO SPITLER C S MRS

625 8823 SANTA CLARA RUTHERFORD TINA E

626 8819 SANTA CLARA HLAVENKA KYLE & BRIDGET H

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628 8811 SANTA CLARA OSBORN EVELYN E

629 8807 SANTA CLARA TOMLINSON MARY

O 630 8803 SANTA CLARA CASSTEVENS BEDA N

O 631 8727 SANTA CLARA HENDERSON JAMES

X 632 8723 SANTA CLARA HINDS STEVEN

O 633 8719 SANTA CLARA GOODWIN JAMES H &

O 634 8715 SANTA CLARA BROWN TAMARA E GILMORE

O 635 8711 SANTA CLARA SCHWARTZ ERIC

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637 8703 SANTA CLARA KELLY MATTHEW C

O 638 8707 DICEMAN FARRIS JANE A

639 8711 DICEMAN SUAREZ ABRAHAM B

O 640 8703 DICEMAN COLE BARBARA JEAN

O 641 8719 DICEMAN HALLECK LESLIE MARIE &

642 8702 SANTA CLARA COBB JACK

643 8706 SANTA CLARA ROUSEY ELLE MARIE

O 644 8710 SANTA CLARA KIMBERLIN MARY

O 645 8714 SANTA CLARA SANDER DALE E &

X 646 8718 SANTA CLARA THACKER RICHARD E


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O 647 8722 SANTA CLARA MARTINEZ ANTONIO JR &

O 648 8802 SANTA CLARA GUAJARDO DANIEL S

X 649 8806 SANTA CLARA SMITH DOUGLAS G

O 650 8810 SANTA CLARA SHARP KENNETH E

O 651 8814 SANTA CLARA YANCEY DAVID LEON

O 652 8818 SANTA CLARA NICHOLS PAMALA J

653 8824 SANTA CLARA TIBBS PATRICK B

654 8823 DICEMAN PAPPAS KRIS L ESTATE OF

X 655 8819 DICEMAN MURPHY RALPH

656 8809 DICEMAN SHIPMAN DONALD JONATHAN

O 657 8803 DICEMAN WEIS ANNE

658 8729 DICEMAN IRA PLUS SOUTHWEST LLC

O 659 8723 DICEMAN KENDOLL LONNETTE R

O 660 8713 DICEMAN MORPHEW PHILLIP &

661 8939 SAN FERNANDO WINBORN ANNA ELIZABETH

O 662 8935 SAN FERNANDO ESPINOZA LUCIO ROJAS

O 663 8931 SAN FERNANDO DAVIS MARK HOLLOWAY

664 8927 SAN FERNANDO MALDONADO VINCENTE &

665 8923 SAN FERNANDO JONES AMBER K

O 666 8919 SAN FERNANDO FREEMAN BILLIE

O 667 8915 SAN FERNANDO BOX AMY G

668 8911 SAN FERNANDO HOME ALONE INC

669 8907 SAN FERNANDO CONNER DAVID C

X 670 8903 SAN FERNANDO LA FOND JENNIFER M &

X 671 8930 ANGORA HINES PATTY JOAN

O 672 8926 ANGORA PRUITT JOHN R &

O 673 8922 ANGORA SMITH CHRISTY

X 674 8918 ANGORA DABBS JAMES E

675 8914 ANGORA TOMPKINS JAMES B & BRENDA

O 676 8910 ANGORA JONES SHANNA

O 677 8938 SAN FERNANDO PALMER BARBARA EUGENE L


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X 678 8932 SAN FERNANDO TALLEY MEREDITH &

O 679 8926 SAN FERNANDO HEROLD ELLEN M

O 680 8922 SAN FERNANDO LOONEY HELEN H

681 8918 SAN FERNANDO BOWLDEN HUBERT C

682 8914 SAN FERNANDO WILSON B A & TOY C

O 683 8910 SAN FERNANDO SMITH DENISE G & MATT D

O 684 8902 SAN FERNANDO SCHROEDER MARY PETRONILLA

X 685 8939 FOREST HILLS BOHNE BRETT & KELLY

O 686 8935 FOREST HILLS KNICKERBOCKER KATHRYN

687 8931 FOREST HILLS FOREST HILLS LLC

O 688 8927 FOREST HILLS LLOYD BARBARA M

O 689 8923 FOREST HILLS LEVINE DANIEL & CYNTHIA G

X 690 8919 FOREST HILLS HAGEMANN V W JR TRUST &

691 8915 FOREST HILLS DABROWSKI BRIAN L & LISA

O 692 8911 FOREST HILLS BLANTON MARILYN K

X 693 8907 FOREST HILLS BARROW JAMES

694 8903 FOREST HILLS KELLY W P JR

695 8938 FOREST HILLS MOUNT KIMBERLY GAYLE

O 696 8934 FOREST HILLS UPHAM STEPHEN MARK

697 8930 FOREST HILLS HORTON R W ESTATE OF

698 8926 FOREST HILLS KOPER DEBRA A

O 699 8922 FOREST HILLS DONOVAN MAGGIE

700 8918 FOREST HILLS GARRETT F A

O 701 8914 FOREST HILLS BERGMAN DOUGLAS BRIAN

O 702 8910 FOREST HILLS ORTA RODRIGO &

O 703 8906 FOREST HILLS HARPER THOMAS ROBERT

O 704 8939 REDONDO GARZA VICTOR ORTA

O 705 8935 REDONDO OWENS CONNIE G

O 706 8931 REDONDO BONNER GAYLIN

O 707 8927 REDONDO FURR DARREN E

708 8923 REDONDO LUCAS CARLEY C


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O 709 8919 REDONDO ORTEGA SHEILA LEFEBRE &

710 8915 REDONDO REDAB ENTERPRISES

O 711 8911 REDONDO RUIZ CHARLES C JR

O 712 8907 REDONDO MABERRY DAVID PAUL &

X 713 8903 REDONDO WORTH JAMES A ET UX

714 8938 REDONDO ROLLINS JAY

715 8934 REDONDO HOYLE LISA C

O 716 8930 REDONDO PHILBRICK RICHARD G

O 717 8926 REDONDO DONOVAN LESLIE LYNN

O 718 8922 REDONDO HEINZERLING JOHN HENRY II &

719 9028 GARLAND ROSS PETER &

O 720 8914 REDONDO GARZA VICTOR O

721 8910 REDONDO WHITE VIRGINIA A

722 8906 REDONDO GEIGER MARY ANN & JAMES N

X 723 8902 REDONDO BEAN RICHARD L SR

724 8939 SANTA CLARA EARNSHAW THOMAS L &

O 725 8935 SANTA CLARA BAADSGAARD CRIS L

O 726 8931 SANTA CLARA TAYLOR NANCI

X 727 8927 SANTA CLARA TILBURY JACK G & SHELLEY

X 728 8923 SANTA CLARA MINNICK GREGORY J

729 8919 SANTA CLARA KAH REAL ESTATE HOLDINGS

730 8915 SANTA CLARA COYLE MARSHALL A

731 8907 SANTA CLARA ZAMECKI AELA

732 8903 SANTA CLARA O KEEFE JESSICA & MICHAEL

O 733 8903 DICEMAN HOLBERT JAMES M

O 734 8907 DICEMAN MCKINNIE E R & MARY

O 735 8934 SANTA CLARA BRADSHAW SIBYL H

X 736 8930 SANTA CLARA LEWIS JERRY J

O 737 8922 SANTA CLARA KERSHAW NATALIE K

738 8918 SANTA CLARA BONER ROBERT E

X 739 8914 SANTA CLARA MORGAN PARK LTD PS &


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740 8910 SANTA CLARA SMITH RAYMON A

O 741 8906 SANTA CLARA OLIVIER BRAD & AIMEE

X 742 8902 SANTA CLARA BRUNSON RALPH H

743 8931 DICEMAN MILLER LEWIS F & DIANA M

O 744 8927 DICEMAN BENSON NILS

O 745 8923 DICEMAN MCGRATH JOHN THOMAS

O 746 8919 DICEMAN ESCOBEDO ROBERT

747 8915 DICEMAN ROCK CHRIS E

O 748 8911 DICEMAN BROWN JUANITA

749 8939 DICEMAN NOONER KENNETH

X 750 8935 DICEMAN WINKLER ALAN J & VICKI S

X 751 9011 ANGORA ASHLEY DAVID W

X 752 9007 ANGORA OGLESBY MICHAEL R &

753 9002 GARLAND SMITH LARRY D

O 754 9047 ANGORA ROACH W REED

O 755 9043 ANGORA DIETZ MARY J

O 756 9039 ANGORA FREEMAN KAREN M

757 9035 ANGORA DEVINE DENNIS J

X 758 9029 ANGORA DREILING JOHN

O 759 9025 ANGORA WOERNER MICHAEL C

760 9021 ANGORA KIMBALL JUANITA LIFE EST

O 761 9015 ANGORA ZUBRAS VINCENT G

X 762 9010 ANGORA OGLESBY MICHAEL R &

O 763 9006 ANGORA MILLICAN VALERIE J ZUBRAS

764 9002 ANGORA FOSHEE CONNIE A

O 765 9003 SAN FERNANDO CALVERT LINDA J

X 766 9011 SAN FERNANDO MCCLINTOCK BARBARA C

O 767 9046 ANGORA THOMAS CAROLYN J &

X 768 9042 ANGORA PIAZZA ANTHONY P

769 9038 ANGORA PIAZZA TONY R

O 770 9034 ANGORA SKOCH MINDI N


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O 771 9028 ANGORA NUERBERG DONNA

772 9024 ANGORA GARCIA DAVID R

O 773 9016 ANGORA WARREN LELAN D & RHONDA C

X 774 9047 SAN FERNANDO PIAZZA ANTHONY & THERESA

775 9043 SAN FERNANDO TURNER GERALD JUAN

X 776 9039 SAN FERNANDO LYNCH JERILYN K

777 9035 SAN FERNANDO ARNOLD ANNIE L

X 778 9025 SAN FERNANDO WARAKSA ANTHONY

X 779 9021 SAN FERNANDO FARR HERB R

X 780 9017 SAN FERNANDO COOK KATHLEEN E

O 781 9010 SAN FERNANDO MCCAMEY HEATHER L

O 782 9006 SAN FERNANDO ALBERS ANN R

783 9002 SAN FERNANDO MAYES MARY LOUISE

784 9003 FOREST HILLS STOKES CONNIE R

O 785 9007 FOREST HILLS SUTHERLAND KENNETH &

O 786 9013 FOREST HILLS LANGFORD DEVRA G

X 787 9046 SAN FERNANDO RODRIGUEZ MARTIN

X 788 9024 SAN FERNANDO FARR HERBERT R

O 789 9038 SAN FERNANDO RAINES MICHAEL D &

X 790 9034 SAN FERNANDO BARBOSA RAFAEL R

X 791 9020 SAN FERNANDO SCHULTZ STACEY A

X 792 9016 SAN FERNANDO WATKINS GARY WELDON

793 9047 FOREST HILLS BENAVIDES TERESA &

O 794 9043 FOREST HILLS FOX KARIN THERESE

O 795 9039 FOREST HILLS MAIR THOMAS K

796 9035 FOREST HILLS BALLIETT RANDALL W &

X 797 9029 FOREST HILLS VERLY THOMAS

O 798 9025 FOREST HILLS READ LOUIS B &

O 799 9021 FOREST HILLS HOLDBROOK BRADLEY R &

800 9017 FOREST HILLS MCCLELLAND KEANE ETAL

O 801 9010 FOREST HILLS MCALLISTER VICKI


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802 9006 FOREST HILLS GUNTER WILLIAM F &

803 9000 FOREST HILLS GAUSS LYNETTE

O 804 9003 REDONDO HEYE RANDALL G III &

O 805 9007 REDONDO MEDLIN FREDRICK LINTON

O 806 9011 REDONDO SMITH CECELIA A

O 807 9042 FOREST HILLS REINDEL ELIZABETH ANN

O 808 9038 FOREST HILLS TUCKER RICHARD A

O 809 9034 FOREST HILLS DOMINGUEZ ANGEL T

810 9028 FOREST HILLS COOPER LOTTIE L ESTATE OF

811 9024 FOREST HILLS TRIPP ELOISE LIFE EST

X 812 9020 FOREST HILLS CUTCHER LLC

O 813 9016 FOREST HILLS LOVELADY TERI E

O 814 9047 REDONDO MARLEY ELISABETH A

O 815 9043 REDONDO KENEDI AGNES HELEN

O 816 9039 REDONDO CASTILLO CARLOS E

O 817 9035 REDONDO MARTIN VALARIE L

818 9029 REDONDO KENNEDY MARLEN & DERIK

O 819 9025 REDONDO ONEIL PATRICK

O 820 9021 REDONDO CANO CHRIS

821 9017 REDONDO RAMIREZ MAURICIO & ALMA

O 822 9006 REDONDO MEDLIN FREDERICK LINTON &

O 823 9002 REDONDO LAWRENCE KATHRYN H

O 824 9003 SANTA CLARA MILLER LEWIS F &

O 825 9005 SANTA CLARA POST MICHAEL J

X 826 9011 SANTA CLARA HIGGINS LEE &

O 827 9046 REDONDO HURN KATHRYN MARIE

O 828 9042 REDONDO HOWARD JOEY L &

O 829 9038 REDONDO BASS BURGUNDY SUE

O 830 9034 REDONDO DAVIDSON LARRY

O 831 9028 REDONDO MCCOY GARY RANDEL

O 832 9024 REDONDO MARTINEZ FELIPE R


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O 833 9016 REDONDO HANNAH MICHAEL BAKER

O 834 9047 SANTA CLARA HELMS PAULA

O 835 9043 SANTA CLARA FREYER TIMOTHY C &

O 836 9039 SANTA CLARA KAM CAROL M

O 837 9035 SANTA CLARA YOUNGBLOOD GARY K &

838 9029 SANTA CLARA KILLINGSWORTH KIMBERLY S

839 9025 SANTA CLARA HAWKINS CHRISTOPHER A

X 840 9021 SANTA CLARA MORSE NATALEE S

841 9017 SANTA CLARA MORSE BENJAMIN A

O 842 9010 REDONDO MCHENRY MIKE S &

843 9012 SANTA CLARA ALPHA EXCLUSIVE BUILDERS

844 9006 SANTA CLARA HUGHES H C

845 9003 DICEMAN DOSSET RANDALL

O 846 9007 DICEMAN ZERANGUE DAVID B

O 847 9011 DICEMAN ORTEGA MARY

O 848 9044 SANTA CLARA WHITE ROCK METHODIST CHUR

O 849 9038 SANTA CLARA RASH MARJORIE L &

O 850 9034 SANTA CLARA WELIVER HOWARD RAY JR

851 9028 SANTA CLARA WETZEL VIRGINIA D BIRD

X 852 9018 SANTA CLARA JONES JENNIFER

X 853 9016 SANTA CLARA GESFORD BLANCHE E LF EST

O 854 9035 DICEMAN JAMES CINDY L

O 855 9029 DICEMAN WATT NEILL H

X 856 9023 DICEMAN HARGROVE RICHARD D

857 9019 DICEMAN KEPPEL STEPHEN E

X 858 9017 DICEMAN KRUPKIN GARY P

859 8622 DICEMAN GUERRA RUBEN R

X 860 8722 DAYTONIA CHANTILIS CONSTANCE A

861 8718 DAYTONIA HALSTED CHAD M &

O 862 8702 SAN BENITO SCHMITT MICHAEL L

X 863 9011 GROVELAND GALLEY MATTHIAS &


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O 864 9015 GROVELAND BYRNESTOBIE COLLEEN

O 865 9034 SAN LEANDRO BEAUDETTE JOSEPH E &

O 866 9022 SAN LEANDRO GILBERT PAUL T

X 867 8926 SAN LEANDRO BARRETT ADRIENNE E

O 868 8922 SAN LEANDRO PERGE DEJAN & ANGELA C

X 869 2000 LAKELAND STERLING TRUST CO

X 870 2004 LAKELAND STERLING TRUST CO

X 871 8819 EUSTIS POYNOR MICHAEL STEVEN

X 872 9014 GROVELAND SHERNA NICHOLAS D &

X 873 9010 GROVELAND HOFFMANN PAMELA

X 874 9014 EUSTIS BUJA EVAN L & ANGELA E

875 9010 EUSTIS JONES JACQUELINE S

O 876 8826 EUSTIS COOPER CAROLINE &

877 8820 EUSTIS BURKHOLDERSCHLEGEL KAREN

O 878 9039 DICEMAN WEGREN JANNA

879 9043 DICEMAN WHITE ROCK METHODIST CH

880 99999 NO NAME KANSAS CITY SOUTHERN RR

881 8602 GARLAND CONDOR K LTD

882 8618 GARLAND BILLINGSLY L B INV CO

883 8614 GARLAND BILLINGSLEY L B INC

884 8622 GARLAND BILLINGSLY L B CO

885 8626 GARLAND KLASNICK KAREN M

886 8630 GARLAND BELZ JEFFREY D

X 887 8634 GARLAND WALTONS LAWN & GARDEN INC

888 8658 GARLAND CHEERS ETC INC

889 8567 SAN FERNANDO ALVAREZ MANNY & ELIZABETH

890 8557 SAN FERNANDO BROWN IRWIN H &

891 8554 GARLAND KELLER R J

892 8567 FOREST HILLS HARBER CAROL

O 893 8555 FOREST HILLS HAUGHAWOUT JOSEPH & KITTY

894 8556 SAN FERNANDO HENDRICKS THOMAS R


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O 895 8566 SAN FERNANDO NOVAK MARCI GANS

896 8567 SANTA CLARA POWERS RICHARD L &

897 8555 SANTA CLARA MAGEE ROBERT V

898 8554 FOREST HILLS GOODWYN WADE W &

899 8566 FOREST HILLS SINGER WILLIAM R &

900 8567 SAN PEDRO VASQUEZ CLAUDIA ELENA

901 8555 SAN PEDRO KELLY MARY K

902 8554 SANTA CLARA MBD BUILDERS LLC

O 903 8566 SANTA CLARA MAGNANT RENEE J &

904 8567 SAN BENITO MCKISSICK MICHAEL J &

905 8555 SAN BENITO KOLENDO KEENAN & CRYSTAL

906 8554 SAN PEDRO BLACK CHRISTOPHER M &

907 8566 SAN PEDRO GLENWOOD HOMES INC

908 8567 SAN LEANDRO WAGNER DONNA L

O 909 8555 SAN LEANDRO PHIFFER BILLY RAY

910 8554 SAN BENITO HUTTI BONNIE

911 8566 SAN BENITO ADKINS EDDIE J

X 912 8546 GROVELAND GANTER KEVIN V

O 913 8540 GROVELAND KNIGHT GEORGE T

O 914 8534 GROVELAND MORRISON JOHN A

915 8563 EUSTIS WOLFE JOE M & MAUREEN D

916 8571 EUSTIS MCGILVRAY PAIGE

O 917 8574 EUSTIS KARL ANN C

918 8566 EUSTIS CARD PAMELA BARFIELD

919 8710 GARLAND RODRIGUEZ JOSE D & TR

920 8902 GARLAND SOUTHLAND CORP 21972

921 8706 GARLAND DUCK CREEK RENTAL INC

X 922 8916 GARLAND LOVING THOMAS E JR

O 923 1212 TAVAROS BARRY ANNA ROSE

924 8702 GARLAND HANDY ROBERT A &

O 925 8912 GARLAND STUCKEY PPTIES LLC


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926 8920 GARLAND ROSS JACK G & NINA M

927 8922 GARLAND STEPHENSON J R

928 8930 GARLAND WONG CHUCK HUNG &

O 929 8924 GARLAND HALLIBURTON SWIMMING POOL

930 8818 GARLAND AT&T CREDIT UNION

931 8940 GARLAND PSALM 37:4-5 LTD

X 932 8810 GARLAND WELP LUBE LP

933 9018 GARLAND ROIDOPOULOS CONSTANTINE &

934 9032 GARLAND MOTT W E JR SPOUSAL TRUST

935 9040 GARLAND HOWELL GERALD M

936 9022 GARLAND ROTH BARRY &

X 937 9012 GARLAND MORGAN PARK LTD

938 9026 GARLAND HIBBS STEPHEN

939 9024 GARLAND PAINTER JOHN &

O 940 9014 GARLAND PRECISE HUEY G & JUDY K

941 9016 GARLAND ROIDOPOULOS CONSTANTINE &

942 9102 GARLAND LOZANO CONCEPCION L

943 9100 ANGORA RAMSEY ANNA R

944 9106 ANGORA HUGHES DALLAS D

945 9150 GARLAND LAKESIDE BAPTIST CHURCH

946 9115 SAN FERNANDO HIGGINS KIM K

947 9111 SAN FERNANDO WAGLIARDO SAM JR

948 9107 SAN FERNANDO GUZMAN EMILY M

949 9103 SAN FERNANDO MOTLEY MEREDITH E

O 950 9102 SAN FERNANDO PALMER WILLIAM BRADLEY &

951 9106 SAN FERNANDO RICHARDSON VICKI L

O 952 9108 SAN FERNANDO OLIVER PEGGIE

953 9116 SAN FERNANDO BARTEK CLARENCE J SR

954 9117 FOREST HILLS RANGEL ALICE E ET AL

955 9111 FOREST HILLS ROCKWELL PETER

956 9107 FOREST HILLS JURICEK PATRICK & KELLIE


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957 9103 FOREST HILLS HARTNETT WILLIAM F

O 958 1450 OLDGATE WHITE ROCK METHODIST CH

959 9105 DICEMAN HUNTER MARION A

O 960 9103 DICEMAN WHITE ROCK UNITED

961 1600 OLDGATE ALLEN CHUCK M & LORI M

962 1503 SAN SABA GAROUTTE NANCY ALICE

963 1507 SAN SABA MOORE MICHAEL KEVIN &

964 1511 SAN SABA VAN PELT BARBARA

965 1515 SAN SABA TURNER MYLES C &

966 1519 SAN SABA HOOKER CHARLES R &

967 1523 SAN SABA HUGHES WEBSTER T JR ET AL

968 1527 SAN SABA Taxpayer at

969 1531 SAN SABA THOMAS CLARK D

O 970 1535 SAN SABA MASON DONNA S &

971 1543 SAN SABA LEWIS LILIAN M

O 972 1563 SAN SABA LOOKABAUGH HARRY

973 1559 SAN SABA ROMINE TIMOTHY & KRISTIN

O 974 1555 SAN SABA REED JIMMY RONALD &

O 975 1551 SAN SABA DRAKE MICHAEL J &

976 2100 LAKELAND HOKE BOBBY R & KAILA

O 977 9019 MERCER FREELAND GENE G SR

978 9023 MERCER CHERRY RICHARD D &

979 9027 MERCER PRICE ANTHONY W & SHARON

980 9033 MERCER FORNITO ANTHONY P

981 9039 MERCER WALKER HOWARD ANTHONY &

982 9049 MERCER WRIGHT MARY LOUISE

983 9107 MERCER KNIGHT H R & JUNE

O 984 9111 MERCER BEACH BROCK & SHERI LYNN

985 9115 MERCER BEACH BILLY C

986 9119 MERCER BERGMAN FRANK J

987 9125 MERCER WEBBER JUANITA RAY GEORGE


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O 988 9129 MERCER TAYLOR HILLMAN & HELEN

989 9133 MERCER MCVEY MARGARET TRUSTEE

O 990 8607 VINEWOOD INGRAHAM MARK R &

991 8611 VINEWOOD BARTKUS BETTY L LF ESTATE

O 992 8615 VINEWOOD ZABLOSKY MARY HELEN HALL

O 993 8621 VINEWOOD LAPRADE JOHN TIMOTHY

994 8627 VINEWOOD MEYER NARAYAN JAMES

995 8711 VINEWOOD BROWN HENRY OWENS

996 8705 VINEWOOD HENSON ANNA Z TRUSTEE

997 8715 VINEWOOD MENDENHALL KENT T &

998 8721 VINEWOOD BAGWELL CYNTHIA L

999 8725 VINEWOOD SCOTT JUSTIN B

X 1000 8731 VINEWOOD EDWARDS JACK L

O 1001 8807 VINEWOOD ROGERS NORMA E

X 1002 8811 VINEWOOD MERRICK LETHA H

1003 8821 VINEWOOD MCNATT TOMMY V III

1004 8817 VINEWOOD JONES WILLIAM R

1005 8827 VINEWOOD HUNTER THOMAS R

1006 8903 VINEWOOD FRANKS JANET A

1007 8909 VINEWOOD TORRALVA YVONNE M

1008 8520 SAN LEANDRO GRAVES PATRICE M &

1009 8524 SAN LEANDRO KING K MICHAEL

1010 8541 GROVELAND MARTIN PETER T &

1011 8535 GROVELAND BEDSOLE EMBREE C II &

1012 1423 SAN SABA ROMAN CATH DIOCESE DALLAS .

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Early Notification List Al Romero PO Box 870875 Mesquite, TX 75150


Betty Wadkins 2843 Modesto Drive Dallas, TX 75227 ENZ056-277v






















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MAPSCO: 46 N

SUBJECT

A public hearing to receive comments regarding an application for a Specific Use Permit for a recycling buy-back center use on property zoned an IM Industrial Manufacturing District on the northwest side of Hickory Street, east of Malcolm X BoulevardRecommendation of Staff and CPC: DenialZ078-289(JH)

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FILE NUMBER: Z078-289 (JH) DATE FILED: September 8, 2008

LOCATION: Northwest side of Hickory Street, east of Malcolm X Boulevard

COUNCIL DISTRICT: 2 MAPSCO: 46-N


REPRESENTATIVE: Santos Martinez, MASTERPLAN

APPLICANT/OWNER: Henrietta & Rafael Jamaica REQUEST: An application for a Specific Use Permit for a recycling buy-

back center use on property zoned an IM Industrial Manufacturing District.

SUMMARY: The applicant proposes to continue the recycling buy-back

center use for the collection of household and industrial metals.

CPC RECOMMENDATION: Denial.

STAFF RECOMMENDATION: Denial.

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• The request site is currently developed with a recycling buy-back center use. The recycling buy-back center use has been operating on the request site since July 27, 1994. The recycling buy-back center use is permitted by right in the IM Industrial Manufacturing District, limited to the collection of aluminum cans, steel cans, glass, paper, clothing, and plastics. In order to collect household metals or industrial metals, a Specific Use Permit is required.

• The request site has been collecting household metals and industrial metals, which require an SUP. Household metals mean items that are customarily used in a residential dwelling not including cookware, gardening tools, or aluminum foil. Industrial metals means pipes, wires, coils, condensers, automotive parts, bulky appliances and similar materials.

• The applicant applied for a Specific Use Permit for an outside salvage or reclamation use on the request site in 2001. The site plan submitted with this request shows that the site was developed with an approximately 350 square foot building and the remainder of the property was used for outside salvage or reclamation and five off-street parking spaces. That application was denied by the City Plan Commission on July 12, 2001.

• The request site is adjacent to non-conforming single family residential uses, a DISD natatorium, institutional uses, and undeveloped land.

Zoning History:

1. Z001-212 On July 12, 2001, the City Plan Commission denied a Specific Use Permit for an outside salvage or reclamation use on property zoned an IM Industrial Manufacturing District, located on Hickory Street, southwest of Jefferies Street (the request site).



Hickory Street Local 60 ft.

Malcolm X Boulevard Principle Arterial 100 ft.

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Land Use:

Zoning Land Use

Site IM Recycling buy-back center

North IM Undeveloped, commercial, single family

East IM Office, undeveloped, institutional, single family

South IM DISD Natatorium

West IM Single family residential, undeveloped

STAFF ANALYSIS:

Comprehensive Plan:

The applicant’s use is a recycling buy-back center use, which the comprehensive plan supports recycling and environmental sustainability. However, the request site is located in an urban mixed use building block of the comprehensive plan. The urban mixed use building block is intended to be an area that will provide residents with a vibrant blend of opportunities to live, work, shop and play within a closely defined area. The industrial use, while complying with the current IM Industrial Manufacturing District zoning, does not comply with the vision building block. LAND USE ELEMENT

GOAL 1.2 PROMOTE DESIRED DEVELOPMENT

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

Land Use Compatibility: The approximately 0.11 acre request site is zoned an IM Industrial Manufacturing District and is currently developed with a recycling buy-back center use. The applicant is proposing to continue the collection of household and industrial metals on the property, requiring a Specific Use Permit. The surrounding land uses are single family, institutional and a DISD natatorium, and undeveloped land. 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

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of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The applicant initially requested a five-year period with eligibility for automatic renewal for additional five-year periods. A Specific Use Permit for this use cannot be issued for longer than a two year period according to the Dallas Development Code.

The recycling buy-back center use is permitted by right in the IM Industrial Manufacturing District, limited to the collection of aluminum cans, steel cans, glass, paper, clothing, and plastics. In order to collect household metals or industrial metals, a Specific Use Permit is required. Household metals mean items that are customarily used in a residential dwelling not including cookware, gardening tools, or aluminum foil. Industrial metals means pipes, wires, coils, condensers, automotive parts, bulky appliances and similar materials. The purchasing, collecting, or soliciting of metals is regulated under Chapter 40B of the Dallas City Code, secondary metal recyclers. Chapter 40B requires a secondary metal recycler’s license and specifies operations for secondary metal recyclers. The purpose of the regulations in Chapter 40B is to promote the recovery of stolen property, particularly property composed of certain metals. The general concerns with a recycling buy-back center use include the noise impact on nearby properties, keeping the property in a good state of repair and neat appearance, traffic, and the operator buying materials that are not stolen. The site plan shows the development of the site contains the use with a structure. The required parking is located within this structure and is gated when the recycling buy-back center is closed. Staff is concerned that the applicant has not maintained full compliance with Chapter 40B regulations. Attached is a memorandum from the Dallas Police Department indicating the applicant was cited for six violations on three occasions and the letter to the applicant notifying him of the suspension of the secondary metal recycler’s license. Staff is also concerned about the maneuverability within the site to access the parking spaces and the gate to the alley, and that the applicant expanded the scope of the business without updating the Certificate of Occupancy and obtaining an SUP. Therefore, staff cannot support the request.

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Coverage Special


Existing

IM Industrial manufacturing

15’ 0’ on minor

30’ adjacent to residential OTHER: No Min.

2.0 FAR overall 0.75 office/ retail

0.5 retail 110’

8 stories 80% Proximity Slope Visual Intrusion


Parking/Traffic:

A recycling buy-back center use requires one space per 500 square feet of floor area. The request site has 2,493 square feet of floor area, an office and enclosed material storage area, requiring five off-street parking spaces within the building.

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


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CPC Minutes: November 13, 2008

Motion: It was moved to recommend approval of a Specific Use Permit for a recycling buy-back center use for one-year period, subject to a site plan and applicant’s conditions on property zoned an IM Industrial Manufacturing District on the north side of Hickory Street, east of Malcolm X Boulevard.

Maker: Lozano Second: Rodgers Result: Failed: 5 to 8

For: 5 - Rodgers, Lozano, Buehler, Wolfish, Alcantar

Against: 8 - Prothro, Gary, Davis, Bagley, Lavallaisaa, Lueder, Ekblad, Emmons


Substitute Motion: It was moved to recommend denial of a Specific Use Permit for a recycling buy-back center use on property zoned an IM Industrial Manufacturing District on the north side of Hickory Street, east of Malcolm X Boulevard.

Maker: Emmons Second: Bagley Result: Carried: 8 to 5

For: 8 - Prothro, Gary, Davis, Bagley, Lavallaisaa,

Lueder, Ekblad, Emmons

Against: 5 - Rodgers, Lozano, Buehler, Wolfish, Alcantar


Notices: Area: 200 Mailed: 16 Replies: For: 0 Against: 1 Speakers: For: Santos Martinez, 900 Jackson St., Dallas, TX, 75202 Against: Diana Koen, 2425 Myrtle St., Dallas, TX, 75215 Gabriel Camacho, 2425 Myrtle St., Dallas, TX, 75217

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DPD Memo

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APPLICANT’S PROPOSED SPECIFIC USE PERMIT FOR A RECYCLING BUY-BACK CENTER

Z078-289(JH)

1. USE: The only use authorized by this specific use permit is a recycling buy-back

center for the collection of household metals, industrial metals, and recyclable materials. No other materials may be collected or recycled.

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

site plan. 3. TIME LIMIT: This specific use permit automatically terminates on (two years). 4. GATE: The driveway gate adjacent to Hickory Street must remain open during the

hours of operation. 5. INGRESS-EGRESS: Ingress and egress must be provided as shown in the

attached site plan. No other ingress or egress is permitted. 6. HOURS OF OPERATION: The recycling buy-back center may only operate between

8:00 a.m. and 7:00 p.m., Monday through Sunday. 7. PARKING: Parking must be provided in accordance to the attached site plan. 8. REGULATED PROPERTY LICENSE: The operator of this use must have a

regulated property license under Dallas City Code Chapter 40B. 9. MAINTENANCE: The Property must be properly maintained in a state of good

repair and neat appearance. 10. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and

state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.

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SITE PLAN

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Undeveloped

Undeveloped

Single Family Office

DISD Natatorium

Institutional

Undeveloped

Undeveloped

Commercial

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1

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CPC Responses

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Page 1 of 1 9/23/2008 Notification List of Property Owners Z078-289 16 Property Owners Notified Label # Address Owner 1 2813 HICKORY JAMAICA RAFAEL & HENRIETTA 2 2814 DAWSON CRABTREE J M EST 3 2816 DAWSON TOVAR DOMINGA 4 1715 JEFFRIES HERNANDEZ ALLEN ET AL % KIRK SHEET METAL

SERV X 5 1711 JEFFRIES SALAZAR DANIEL 6 1806 MALCOLM X KIRK SHEET METAL CO INC 7 2807 HICKORY KIRK SHEET METAL CO 8 2827 HICKORY DURON MARCIANO 9 2811 HICKORY JAMAICA RAFAEL ET AL 10 1824 MALCOLM X HEARD CHESTER LYNN 11 1814 MALCOLM X HEARD CHESTER 12 1818 MALCOLM X HEARD CHESTER L 13 2808 DAWSON RAMIREZ HERMAN 14 2812 DAWSON GARCIA FRED 15 2804 DAWSON RODRIGUEZ PHILLIP 16 1940 MALCOLM X DALLAS ISD

Tuesday, September 23, 2008

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MAPSCO: 61A V Z

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting a Specific Use Permit for an open enrollment charter school on property within Subdistrict S2b of Planned Development District No. 521 for mixed uses on the south side of Camp Wisdom Road, west of Eagle Ford DriveRecommendation of Staff: Approval for five-year period with eligibility for automatic renewals for additional ten-year periods, subject to a revised site plan, landscape plan, traffic management plan and staff’s recommended conditions. Recommendation of CPC: Approval for ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a site plan, landscape plan, traffic management plan and conditionsZ078-114(WE)

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HONORABLE MAYOR AND CITY COUNCIL WEDNESDAY, JANUARY 14, 2009

ACM: A. C. Gonzalez FILE NUMBER: Z078-114(WE) DATE FILED: October 31, 2007 LOCATION: South side of Camp Wisdom Road, west of Eagle Ford Drive COUNCIL DISTRICT: 3 MAPSCO: 61A V & Z SIZE OF REQUEST: Approx. 17.66 acres CENSUS TRACT: 165.10 APPLICANT: Cosmos Foundation

dba Harmony Nature School OWNER: I 20 Mountain Creek Partners REPRESENTATIVE: MASTERPLAN, Dallas Cothrum REQUEST: An application for a Specific Use Permit for an open

enrollment charter school on property within Subdistrict S2b of Planned Development District No. 521 for mixed uses.

SUMMARY: The purpose of this request is to allow for the operation of an

open enrollment charter school that will limit the maximum enrollment to approximately 800 students. The students attending the school will range between pre-kindergarten and twelfth grade.

CPC RECOMMENDATION: Approval for ten-year period with eligibility for automatic renewals for additional ten year periods, subject to a site plan, landscape plan, traffic management plan and conditions. STAFF RECOMMENDATION: Approval for five-year period with eligibility for automatic renewals for additional ten year periods, subject to a revised site plan, landscape plan, traffic management plan and staff’s recommended conditions.

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BACKGROUND INFORMATION: • The applicant’s request for a Specific Use Permit will permit the construction and

operation of an open enrollment charter school on 17.66 acres. The proposed open enrollment charter school will consist of a three story, 123,370 square foot building. The school will enroll approximately 800 students and teach pre-kindergarten through 12th grade. In addition, the site is in close proximity to Hensley Airport and is within the Hensley Noise zone

• The open enrollment charter school is proposing three access points into the

campus; two from Camp Wisdom Road and one from Eagle Ford Road. • The contour lines on the site plan reveal a severe grade change in the topography in

excess of 50 feet. The severe drop-off in topography from the request site’s southern property line to the adjacent single family dwellings could potentially cause flooding into the adjacent residential development.

• The Building Code was amended to require sound mitigation in the construction of

structures in those areas that are in the 65 DNL (Daily Noise Level) or higher noise overlays. Since the Building Code addresses the sound mitigation, an avigation easement is not necessary for this request.

• The surrounding land uses are primarily single family uses to the south and west of

the request site. A City of Dallas park is located south and southeast of the request site. In addition, there are several large undeveloped tracts of land that are located north and east of the request site, across Camp Wisdom Road and Eagle Ford Road, respectively.

Zoning History: There has been one Board of Adjustment case in the area. 1. BDA067-154 On February 11, 2008, the Board of Adjustment

Panel C granted a special exception to the tree preservation regulations at 5500 Eagle Ford Road.



Proposed ROW

Eagle Ford Road Principal Arterial 100 ft. 107 ft. Camp Wisdom Road Minor Arterial 100 ft. 80 ft.

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Land Use:

Zoning Land Use Site PDD No. 521

Subarea S-2b Undeveloped

North PDD No. 521 S-2a Undeveloped South PDD No. 521 S-6 City of Dallas Park, Single

Family, East PDD No. 521 S-6 City of Dallas Park, Single FamilyWest PDD No. 521 S-6 Single Family

Comprehensive Plan: The fowardDallas! Comprehensive Plan was adopted by the City Council in June 2006. The fowardDallas! Comprehensive Plan outlines a goal and policy that supports the applicant’s request for an open enrollment charter school. The request site, which is located in the Southern Sector of the City of Dallas, is undeveloped with dense vegetation. The proposed request will allow for the development of an open enrollment charter school that will provide educational opportunities for children in pre-kindergarten to twelfth grade. Land use 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 STAFF ANALYSIS: Land Use Compatibility: The 17.66 acre site is undeveloped with dense vegetation and is located on a terrain that has a significant change in topography. The request site is contiguous to a single family development and a Dallas City park. The land uses, across Camp Wisdom Road and Eagle Ford Road, consist of several undeveloped tracts land. The applicant’s request for a Specific Use Permit will allow for the construction and operation of a three story, 123,370 square foot open enrollment charter school. The applicant initially plans to enroll approximately 300 students from grades pre-kindergarten to third, with the remaining 500 students being enrolled by 2014. Overall, the open enrollment charter school will teach grades pre-kindergarten to twelfth. The applicant has indicated that a portion of the request site will be maintained in its natural vegetation. However, staff is concerned with the potential storm water run-off onto the adjacent residential development that is located south of the proposed development. The site slopes in excess of 50 feet from the highest point to the lowest

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southern boundary line. In addition, there is retaining wall that is approximately 10-feet high that clearly demarcates the request site from the adjacent residential development. The request site is also contiguous to an existing City of Dallas Park (Emerald Lake) and as a result of the proposed development and potential storm water run-off into a city park, the City of Dallas Park and Recreation Department will review the applicant’s engineering documents (drainage) to determine the impact the additional storm water run-off will have on the adjacent park. Even though forwardDallas! Plan supports the request site; staff is concerned with the potential storm water run-off the proposed development could have on the adjacent residential development. The Building Official’s office will review the documents to determine the impact the storm water run-off will have on the adjacent residential development during the development review process. Staff has reviewed the applicant’s request and supports the Specific Use Permit for an open enrollment charter school for five-year period with eligibility for automatic renewals for additional ten year periods, subject to a site plan, landscape plan, staff’s recommended conditions, and traffic management plan. The City Plan Commission, however, recommended a ten-year period with eligibility for automatic renewals for additional ten-year periods. In addition, the CPC recommended the applicant provide a fence around the inner perimeter of the school’s property in order to protect the students from entering the heavily wooded area and install an exit only sign on Eagle Ford Road. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. Development Standards:


Density Height Lot Coverage

Special Standards PRIMARY Uses

PD No. 521 – Existing Subdistrict S2b

15’ 5’/5’ 20 per acre 200’ 15 stories 80%

Proximity Slope Visual

Intrusion


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Parking: The requirement for off-street parking for the school is derived by two criterions: 1) the number of classrooms and 2) the type of institution that serves the students (e.g., elementary, middle or high school). The Dallas Development Code requirement for off-street parking for a school is as follows:

• one and one half space for each kindergarten/elementary school classroom;

• three and one-half spaces for each junior high/middle school classroom; and

• nine and one-half spaces for each senior high classroom. The number of off-street parking spaces required for the open enrollment charter school is 152 spaces. This calculation is based on the applicant’s break down of the projected 40 classrooms which include: 18 classrooms for pre-kindergarten through 5th, 14 classrooms for 6th through 8th, and 8 classrooms for 9th through 12th. The applicant is proposing to provide approximately 161 spaces and must be in the location shown on the attached site plan. The applicant is proposing to stagger the student’s pick-up times in increments of 30 minutes, starting with pre-kindergarten through 5th grade at 2:30 p.m., 6th through 9th grade at 3:00 p.m. and 10th through 12th grade at 4:00 p.m. The times that are staggered during pick-up will reduce the impact of the vehicle queuing that are often associated with student pick-up. The morning drop-off for all grades will begin at 8:30 a.m. Landscaping: Landscaping must be provided in accordance with the attached landscape plan. Plant materials must be maintained in a healthy, growing condition. Traffic: The Engineering Section of the Department of Development Services has reviewed the request and has determined that the proposed development will not have a negative impact on the surrounding street system. The Public Works and Transportation Department had no objections to the proposed development if certain conditions were met:

1. The proposed driveway connection to Camp Wisdom Road nearest to Eagle Ford Road will not be permitted due to limited sight distance to approaching traffic, and

2. The developer must reimburse the City of Dallas for costs that may be incurred if

future installation of a reduced speed school zone and related equipment is warranted along Camp Wisdom Road and / or Eagle Ford Road to accommodate student pedestrian traffic attending this development.

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The applicant has collaborated with the Public Works and Transportation Department regarding the proposed driveway connection and does not object to the revised connection on Camp Wisdom Road nearest to Eagle Ford Road. Park and Recreation Department: The Park and Recreation Department has indicated that the property borders a City Park (Emerald Lake) on the south and east of the request site. Staff is concerned that the proposed construction of the open enrollment charter school could have a negative impact on the adjacent residential uses as well as impact additional storm water run-off on the City Park. The site topography slopes significantly towards the adjacent residential development and any potential development on the request site could compound the flooding problems the resident’s currently face. It has been determined after several discussions with the representative and staff that the Park Board will not have to consider the applicant’s site improvements as it relates to the site’s drainage. The Park Department’s staff indicated that they do not require “Park Board approval or the State mandated public hearing process if park land is not being processed for non-park purposes.” The run-off will be reviewed administratively. If it is determined that the drainage documents will impact the park through some form of site improvements, a public hearing will be scheduled to allow the Park Board to consider the applicant’s proposal. Building Inspection Section: The Building Inspection Office will determine the impact the potential storm water run-off will have on the adjacent residential development during the development review process. Miscellaneous – Conditions: Staff has reviewed the applicant’s conditions and cannot support the time period of ten year period with eligibility for automatic renewals for automatic renewals of ten years. However, staff can support an initial five year period with edibility for automatic renewals for automatic renewals of ten years. The initial five year period will allow staff to respond to any problems the water run-off may have on the adjacent residential development. However, the City Plan Commission recommended a ten-year period with eligibility for automatic renewals for additional ten-year periods for the proposed open enrollment charter school. In addition, the CPC recommended the applicant provide a fence around the inner perimeter of the school’s property in order to protect the students from entering the heavily wooded area and install an exit only sign on Eagle Ford Road.

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Subdivision Section: On May 15, 2008, the City Plan Commission approved the preliminary plat for the open enrollment school. CPC Action (November 13, 2008)

Motion: It was moved to recommend approval of a Specific Use Permit for an open enrollment charter school for ten-year period with eligibility for automatic renewals for additional ten-year periods, subject to a revised site plan, landscape plan, traffic management plan and staff’s revised recommended conditions on property within Subdistrict S2b of Planned Development District No. 521 for mixed uses on the south side of Camp Wisdom Road, west of Eagle Ford Drive with the following changes to the conditions: 1) Fencing be added and shown on the site plan indicating height and location and 2) Egress be added and shown on the site plan on Eagle Ford Drive.

Maker: Gary Second: Buehler Result: Carried: 13 to 0



Against: 0 Absent: 1 - Weiss Vacancy: 1 - District 2

Notices: Area: 500 Mailed: 71 Replies: For: 4 Against: 6 Speakers: For: Dallas Cothrum, 900 Jackson St., Dallas, TX, 75202 Stuart Markussen, 5445 La Sierra Dr., Dallas, TX, 75231 Against: Brian Wesley, 8106 Max Dr., Dallas, TX, 75249 Tanishia Dorsey, 5602 Nabers Ct., Dallas, TX, 75249 Staff: Phil Erwin, Development Services Department, Chief Arborist

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- Oner U. Celepcikay President - Dr. Gokturk Tunc Vice President - Fatih Yigit Secretary - Dr. Mustafa A. Atik Treasurer - Arif Oducu Board Member - Dr. Lynn Mitchell Board Member

- Ben Armistead - Frank Babb

LIST OF OFFICERS COSMOS FOUNDATION OF BOARD MEMBERS

LIST OF OFFICERS I-20 MOUNTAIN CREEK GP

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1. USE: The only use authorized by this specific use permit is an open enrollment

charter school. 2. SITE PLAN: Use and development of the Property must comply with the

attached site plan. CPCs recommendation 3. TIME LIMIT: This specific use permit expires on (ten-year from date of

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

Staff’s recommendation 3. TIME LIMIT: This specific use permit expires on (five-year from date of

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

4. LANDSCAPING: Landscaping must be provided in accordance with the

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

5. CLASSROOMS: The maximum number of classrooms is 40. 6. HOURS OF OPERATION: The open enrollment charter school may only

operate between 7:00 am and 7:00 pm, Monday through Friday, and between 8:00 a.m. and 12:00 p.m., noon, on Saturday.

CPC CONDITIONS

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7. INGRESS-EGRESS: Ingress and egress must be provided as shown on the attached site plan. No other ingress or egress is permitted.

8. OFF-STREET PARKING: A minimum of 152 off-street parking spaces must be

provided in the location as shown on the attached site plan.

9. SCREENING: Screening of off-street parking must be provided as shown on the attached site plan. Garbage storage areas must be screened on any side visible form the street by a minimum six-foot-high solid screening fence. 10. TRAFFIC MANAGEMENT PLAN: The open enrollment charter school must

comply with the attached traffic management plan. (a) In general. The operation of the uses must comply with the traffic management plan (Exhibit ____). (b) Queuing. Queuing is only permitted inside the Property. Student drop-off and pick-up are not permitted within city rights-of-way.

(c) Traffic study. (1) The Property owner or operator shall prepare a traffic study

evaluating the sufficiency of the traffic management plan. The initial traffic study must be submitted to the director by November 1, 2010. After the initial traffic study, the Property owner or operator shall submit annual updates of the traffic study to the director by November 1st of each year.

(2) The traffic study must be in writing, performed by a licensed

engineer, based on a minimum of four samples taken on different school days at different drop-off and pick-up times over a two-week period, and must contain an analysis of the following:

(A) ingress and egress points;

(B) queue lengths; (C) number and location of personnel assisting with loading and unloading of students;

(D) drop-off and pick-up locations; (E) drop-off and pick-up hours for each grade level; (F) hours for each grade level; and (G) circulation.

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(3) Within 30 days after submission of a traffic study, the director shall determine if the current traffic management plan is sufficient. (A) If the director determines that the current traffic management plan is sufficient, the director shall notify the applicant in writing. (B) If the director determines that the current traffic management plan results in traffic hazards or traffic congestion, the Director shall require the Property owner to submit an amended traffic management plan. If the Property owner fails to submit an amended traffic management plan within 30 days, the Director shall notify the city plan commission. (d) Amendment process. (1) A traffic management plan may be amended using minor plan amendment fee and public hearing process in Section 51A-1.105(k)(3). (2) The city plan commission shall authorize changes in a traffic management plan if the proposed amendments improve queuing or traffic circulation; eliminate traffic hazards; or decrease traffic congestion. 11. MAINTENANCE: The entire Property must be properly maintained in a state of

good repair and neat appearance. 12. GENERAL REQUIREMENTS: Use of the Property must comply with all federal

and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas.”

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Overview

1. Harmony Nature School (or the current property owner) will establish and operate an approved transportation systems management plan (the “Plan”) to encourage carpool, vanpool, and other transit alternatives. The Plan will require parents and students to (a) access the Site from Lake Highlands Drive; (b) utilize the student drop-off and pick-up lane internal to the Site; and (c) park on-Site. The Plan will prohibit parents and students from (a) accessing the Site from Tiffany Way; (b) utilizing Tiffany Way as a student drop-off or pick-up lane; and (c) parking along residential streets in the Peninsula neighborhood, including (but not limited to) along Tiffany Way. Before school begins each fall, parents and students will be required to execute an acknowledgement confirming that they have received a copy of the Plan and will comply with it as a condition to enrollment. In addition, parents and students will be notified each fall of the desirability of community transportation.

2. Harmony Nature School will make a vigorous effort to manage traffic by

enforcing the Plan and through written and verbal communication with parents and students.

3. Harmony Nature School will finalize and implement the Plan upon opening the

campus. Operation Plan

1. School officials will monitor the drop-off and pick-up zones designated in the Site Plan in the during student entry and dismissal hours (7:00-8:00 a.m. and 3:00-3:30 p.m.). This people will be stationed in the drop-off zones to allow the monitoring of ingress and egress as well as passenger drop off.

2. The school will monitor traffic compliance. Parents and students that violate the

traffic Plan will initially be warned by school officials. Harmony Nature School shall revoke enrollment and/or driving privileges for continued transgressions of the traffic Plan.

3. During special events that occur outside of normal school hours (including, but

not limited to open house, graduation, or extra curricular activities) the traffic Plan will be in effect to promote on site detention of vehicles.

Camp Wisdom

1. The school will inform students and parents that entry to the campus must take

place from Camp Wisdom.

HARMONY NATURE SCHOOL TRAFFIC MANAGEMENT PLAN

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2. Parents will drop off and pick up elementary students on the west side of the building. Junior high and high school drop off and pick up will take place on the south side of the building.

Eagle Ford

1. Entry to the campus is prohibited from Eagle Ford. Egress is allowed, though vehicles can only travel south.

Off Site Traffic Plan

1. At the beginning of each academic year, Harmony Nature School will inform parents and students through written and verbal communication of the traffic patterns ingress and egress at the school.

2. Student that drive to school and parents entering the campus will enter the

campus via Camp Wisdom. Drivers will only enter the first school drive and will circle through the inside portion of the campus. The drive width must be sufficient to allow three lanes of traffic, facilitating passing in the event of vehicular stoppage. Students will be dropped off in a marked loading and unloading zone of a minimum 55 feet in length that will be monitored by school officials. The traffic system will allow for the stacking of a minimum of 45 cars inside the campus.

On Site Parking

1. Harmony Nature School will construct a minimum of 152 parking spaces in

accordance with the attached site plan and in accordance with the mandates of the City of Dallas.

Harmony Nature School (a.k.a., the school) is the current owner of the Site. The obligations described above are the responsibility of the Site owner.

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PROPOSED TRAFFIC MANAGEMENT PLAN MAP

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PROPOSED SITE PLAN

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PROPOSED LANDSCAPE PLAN

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1

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City of Dallas Park

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CPC RESPONSES

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71 Property Owners Notified Label # Address Owner 1 5600 MOUNTAIN CREEK I 20 & MTN CRK PTNRS LTD STE 306 2 7801 CAMP WISDOM TEXAS UTILITIES ELEC CO % STATE & LOCAL TAX

DEPT 3 44 MOUNTAIN SANDLIN MOUNTAIN HOLLOW 4 5520 MC CAIN SBJV RESLAND PARTNERS LTD % CAPITAL

CONSULTANTS 5 7800 CAMP WISDOM I-20 & MOUNTAIN CREEK PTNRS LTD 6 8201 MC CAIN WOODHAVEN PARTNERS LTD STE 400 S 7 8150 MAX THORNTON TRACY A 8 8142 MAX HOOLEY BRIAN S & MELISSA ANN 9 8138 MAX BYERS TODD W 10 8134 MAX PHILLIPS DEBORAH Y 11 8130 MAX MOORE RANDALL & SUSAN 12 8126 MAX VERT MICHAEL J 13 8122 MAX PATRICK COLIN R & JENNIFER M 14 8118 MAX FLYNN THOMAS A III 15 8114 MAX PARIKH MANOJ K & SITA MANOJ PARIKH 16 8110 MAX WILLIAMSON DANIEL L III & VANNESSA X 17 8106 MAX WESLEY KORI J & WESLEY BRIAN H 18 8109 MAX HERNANDEZ DONALD 19 8113 MAX GATES CHRISTI C & X 20 8117 MAX CALHOUN HENRY III & TONYA 21 8121 MAX FRANKLIN RODERICK 22 5519 MC CAIN SANDLIN HOMES INC 23 5618 NABERS COBB LACHANDRA X 24 5614 NABERS GARZA JUANA M & JOEL A GARCIA 25 5610 NABERS WASHINGTON MUTUAL BANK MAIL STOP

JAXB2007 26 5606 NABERS PHILLIPS LANA K

Monday, October 27, 2008

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Label # Address Owner 27 5602 NABERS DORSEY WENDAL & TANISHIA MARSHALL 28 5611 NABERS RATHEL ROCHELLE LASHAN X 29 5615 NABERS GATES PEGGY N 30 5619 NABERS SECRETARY OF VETERANS AFFAIRS 31 5537 BANDIT TLS HOMES INC 32 5533 BANDIT SANDLIN MIKE HOMES INC 33 5626 JUNKIN CARTER RODNEY & ANGELA 34 5622 JUNKIN GONZALEZ HELEODORO & SUZANNE Y 35 5618 JUNKIN DUNCAN JAVIAN 36 5614 JUNKIN THOMPSON ERICK L & DENISE D 37 5606 JUNKIN BUENTELLO RONNIE O & CYNTHIA G 38 5609 JUNKIN LAM QUANEN 39 5613 JUNKIN OWYANG STEPHANIE 40 5617 JUNKIN HWEMA DENFORD 41 5621 JUNKIN CASTILLO LISA & 42 5625 JUNKIN SIMPSON SHARON D 43 5629 JUNKIN JACKSON MAJJA J 44 5633 JUNKIN AYALA MICHAEL & MELISSA 45 5638 BANDIT WILLBANKS SHANNON L 46 5634 BANDIT JONES DREGORY E & JACQUELINE J 47 5630 BANDIT WILSON SHELBY D & MARCUS D 48 5626 BANDIT COOPER PAT & ANDREA X 49 5622 BANDIT PINKARD ANITA K 50 5618 BANDIT FORKS VENNIE L 51 5540 BANDIT MCWILLIAMS JAMAAL TR 52 5536 BANDIT ENRIQUEZ IGNACIO M & BARRON ERIKA R 53 5532 BANDIT RAIBON ORLANDO M 54 5528 BANDIT GARCIA RENE I 55 5524 BANDIT JONES JONATHAN & RHONDA JONES 56 5520 BANDIT EDSON ROBERTA & JON 57 5516 BANDIT CITIBANK % CHASE MANHATTAN MTG


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Label # Address Owner 58 5512 BANDIT SEIDMEYER ROBERT E & DONNA M X 59 8210 MC CAIN BREWER STEVEN T 60 8206 MC CAIN VAUGHAN CAROL P 61 5524 MC CAIN JONES VANESSA 62 5523 MC CAIN DRAPER IVAN & ANGELA DRAPER 63 5515 MC CAIN WRIGHT KENNETH 64 5511 MC CAIN VILLALOBOS JESUS 65 5503 MC CAIN MUNOZ CHRIS SR 66 8209 MC CAIN JOHNSON KIMBERLY A 67 8213 MC CAIN WRIGHT ANGELA R 68 8217 MC CAIN SALONE SHUNITA L & 69 5525 BANDIT NORTON SHAKEISHA 70 5529 BANDIT POGUE MEAH 71 5400 MOUNTAIN CREEK I 20 & MTN CRK PTNRS LTD STE 306


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ENZ078-114






MAPSCO: 46 K

SUBJECT

A public hearing to receive comments regarding an application for the renewal of and amendment to Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern use with the addition of a Class A dance hall on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District, on the south side of Exposition Avenue, between Ash Lane and Parry Avenue and an ordinance granting the renewal of Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavernRecommendation of Staff: Approval of renewal of Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern, for a two-year period subject to a site plan and conditionsRecommendation of CPC: Approval of renewal of Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern, for a one-year period subject to a site plan and conditionsZ078-306(OTH)

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HONORABLE CITY MAYOR & COUNCIL WEDNESDAY, JANUARY 14, 2009 ACM: A.C. GONZALEZ

FILE NUMBER: Z078-306 (OTH) DATE FILED: September 17, 2008

LOCATION: On the south side of Exposition Avenue, between Ash Lane and Parry Avenue.

COUNCIL DISTRICT: 7 MAPSCO: 46-K

SIZE OF REQUEST: Approx. .6,500 sq. ft. CENSUS TRACT: 29

OWNER: John O. Roberts Jr.

APPLICANT/REPRESENTATIVE: Timothy L. Austin of Instrumental Entertainment, Inc.

REQUEST: An application for the renewal of and amendment to Specific

Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern use with the addition of a Class A dance hall on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District.

SUMMARY: The purpose of this request is to permit the continued

operation of an existing bar, lounge, or tavern use. The applicant’s original request included the addition of a Class A dance hall. After notices were mailed for CPC, the applicant indicated he no longer wanted to pursue the dance floor.

CPC RECOMMENDATION: Approval, of the renewal of SUP No. 1691 for an

alcoholic beverage establishment for a bar, lounge or tavern for a one-year period, subject to a site plan and conditions.

STAFF RECOMMENDATION: Approval, of the renewal of SUP No. 1691 for an

alcoholic beverage establishment for a bar, lounge or tavern for a two-year period, subject to a site plan and staff’s conditions.

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BACKGROUND INFORMATION: • The request site consists of a one-story structure. The site is an alcoholic

beverage establishment for a bar, lounge, or tavern use. This SUP was approved by City Council on December 12, 2007 for a period of one year.

• The original application included a dance floor. However, the applicant requested

to remove that part of the request. The Dallas Development Code does not allow for an original request be amended once the case has been notified. The conditions and staff analysis of the request are exclusively for the request for an alcoholic beverage establishment for a bar, lounge, or tavern use.

• The existing bar encompasses 3,550 square feet of floor area and an uncovered

patio encompassing 2,950 square feet of land area. • On June 14, 2006, the City Council approved an amendment to PDD No. 269

which requires an SUP for this use category. The site has been an alcoholic beverage establishment since January 16, 1992.

Zoning History: There have been four recent zoning cases in the area: 1. Z078-137 On March 26, 2008, the City Council approved a Specific Use Permit

for a bar, lounge, or tavern for a three year period on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District, on the west side of Parry Avenue between Exposition Avenue and First Street.

2. Z067-332 On December 12, 2007, the City Council approved a Specific Use

Permit on the request site, for an Alcoholic beverage establishment for a bar, lounge or tavern for one-year, subject to a site plan and conditions, on southwest line of Exposition Avenue, east of Ash Lane.


Permit for an Alcoholic beverage establishment for a bar, lounge or tavern for a three-year period, subject to a site plan and conditions, on the southwest line of Exposition Avenue, west of Parry Avenue.


Permit for an Alcoholic beverage establishment for a bar, lounge or tavern for three-year, subject to a site plan and conditions, on the southwest line of Exposition Avenue, west of Parry Avenue.


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Exposition Avenue * Collector 80 ft. ROW

*This roadway possesses 59 feet of pavement and will be configured as a five-lane undivided thoroughfare from the CBD/Fair Park Link to Parry Avenue. Land Use:

Zoning Land Use

Site PD 263 /SUP 1691 Alcoholic beverage establishment for a bar, lounge or tavern

East PD 269; SUP No. 1692 and No. 1693 on a portion, and

SUP No.1704 Retail & Vacant

South PD 269 Parking Lot

West PD 269 Parking lot

North PD 269 Mixed Use

Comprehensive Plan: The comprehensive plan does not make a specific land use recommendation related to the request, however the forwardDallas! Vision Illustration is comprised of a series of Building Blocks that shows general land use patterns. They are generalized patterns without well-defined boundaries that indicate where certain types and densities of development might logically occur. The request site lies within an Urban Mixed-Use Building Block. This Building Block provides for a healthy balance of housing, jobs, and shopping that permits residents to live, work, shop, and play in the same neighborhood. Wide sidewalks and pedestrian features offer alternative access options to this type of area, thus permitting foot and bike traffic to benefit from the mix of uses. Land Use Compatibility: The request site consists of a one-story structure and an uncovered patio. The applicant is requesting an SUP in order to continue operation of an existing bar. A certificate of occupancy for this bar was issued on March 5, 2002. The site has been an alcoholic beverage establishment since January 16, 1992.

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On June 14, 2006, the City Council approved an amendment to PDD No. 269 which requires an SUP for this use category. The site is surrounded by a mix of residential/office/retail/restaurant uses that are served by various surface parking lots and public parking spaces along Exposition Avenue. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas Development Code specifically state: (1) The SUP provides a means for developing certain uses in a manner in which the specific use will be consistent with the character of the neighborhood; (2) Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate; (3) The city council shall not grant an SUP for a use except upon a finding that the use will: (A) complement or be compatible with the surrounding uses and community facilities; (B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties; (C) not be detrimental to the public health, safety, or general welfare; and (D) conform in all other respects to all applicable zoning regulations and standards. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. The applicant’s request is for a five-year period. The area is a transitional area, the applicant is a new operator for this site, and staff believes it is advisable to start with a shorter period to ensure continued compatibility. The applicant’s request, subject to staff’s recommended conditions, complies with the general provisions for consideration of an SUP. Traffic: The Engineering Section of the Department of Development Services has reviewed the request and determined it will not significantly impact the surrounding street system. Off-Street Parking: PDD No. 269 does not require off-street parking for the first 2,500 square feet of floor area for this use located within an original building. The applicant occupies 3,550 square feet of floor area for the alcoholic beverage establishment for a bar, lounge or tavern. This use is parked at a ratio of one parking space to 100 square feet. Therefore, once the 2,500 square feet are deducted from the 3,550, the remainder area to be parked is 1,050, which, requires 11 parking spaces. Required off-street parking must be provided in accordance with the Dallas City Code. Delta credits, as defined in Section 51A-4.704(b)(4)(A), may not be used to meet the off-street parking requirement for this use. According to City records a parking agreement has not been filed with the city. The parking agreement must be filed with the city and county for the bar to continue operations. The City Plan Commission, at its meeting on

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Thursday, February 28, 2008 approved a minor amendment to the site plan to remove the notation on the approved site plan that indicated the location of the required 11 off-street parking spaces for the use. Records also indicate that the owner of the existing bar failed to update the Certificate of Occupancy by January 11, 2008 as the SUP conditions required. As a result the owner of the bar is operating illegally. Landscaping: Landscaping of any new development will be in accordance with Article X requirements, as amended. Police Report: The Dallas Police Department provided a list of the open record report of offenses associated with the request site’s address.

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CPC ACTION: November 13, 2008

Motion: It was moved to recommend denial for a renewal and an amendment to Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern use on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District, on the south side of Exposition Avenue, between Ash Lane and Parry Avenue. Maker: Bagley Second: Weiss

Result Failed: 3 to 11 For: 3 Bagley, Weiss, Emmons

Against: 11 Prothro, Gary, Davis, Rodgers, Lozano, Lavallaisaa,Lueder, Buehler, Wolfish, Ekblad, Alcantar

Absent: 0 Vacancy: 1 - District 2

Substitute Motion: It was moved to recommend approval of a renewal and an amendment to Specific Use Permit No. 1691 for an alcoholic beverage establishment for a bar, lounge, or tavern use for a one-year period, subject to a site plan and staff’s conditions on property zoned Planned Development District No. 269, the Deep Ellum/Near East Side Special Purpose District, on the south side of Exposition Avenue, between Ash Lane and Parry Avenue with the following changes to the hours of operation: Monday through Wednesday from 12:00 p.m. until 12:00 a.m. and Thursday through Sunday from 12:00 p.m. until 2:00 a.m.

Maker: Weiss Second: Buehler

Result: Carried: 13 to 1

For: 13 Prothro, Gary, Davis, Rodgers, Lozano, Lavallaisaa, Weiss, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar

Against: 1 Bagley Absent: 0 Vacancy: 1 District 2


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Speakers: For: Timothy Austin, 2951 N. Camino Lagos, Grand Prairie, TX, 75054

Billy MacLeod, 1800 Lear St., Dallas, TX, 75215 Woodrow Rosen, 3809 Parry Ave., Dallas, TX, 75226 Julie Campbell, 5327 Anita St., Dallas, TX, 75206 Marc Traynor, 2517 Springvale Dr., Dallas, TX, 75234 Ulisses Rusher, 835 Exposition Ave., Dallas, TX, 75226 Scott Clemens, Canton St., Dallas, TX, 75226 For (Did not speak): Shawn McFerrin, 3120 B State St., Dallas, TX, 75204 Against: Jonathan Hetzel, 2622 Commerce St., Dallas, TX, 75226 Gene Dennis, 820 Exposition Ave., Dallas, TX, 75226 David Gibson, 820 Exposition Ave., Dallas, TX, 75226

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Officers

Instrumental Entertainment, Inc.

Timothy Lamont Austin President/Director Lea Aryan Ulmail-Austin Vice President/Secretary

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POLICE REPORT Jan 1 to October 7, 2008

Calls Minc Club

OFFENSE 00813

EXPOSITIONAVE AGG ASSAULT 1 ROBBERY-INDIVIDUAL 1 THEFT/BMV 1 TRAFFIC NON HAZARDOUS 1 UUMV 1 Grand Total 5

Offenses Minc Club

PROBLEM 811 Exposition

Ave 812 Exposition Ave 813 Exposition

Ave Grand Total 07 - Minor Accident 1 1 12B - Business Alarm 1 1 40/01 - Other 1 1 41/11V - BMV-In Progress 1 1 6X - Major Dist (Violence) 1 1 Grand Total 1 1 3 5

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SPECIFIC USE PERMIT

CONDITIONS FOR A BAR, LOUNGE, OR TAVERN

1. USE: The only use authorized by this specific use permit is an alcoholic beverage establishment limited to a bar, lounge, or tavern.

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

CPC’s Recommendation:

3. TIME PERIOD: This specific use permit automatically terminates on (one- year from passage of the ordinance).

Applicant’s request:

3. TIME PERIOD: This specific use permit automatically terminates on (five years from passage of the ordinance).

4. MAXIMUM FLOOR AREA:

A. The maximum floor area of the alcoholic beverage establishment limited to a bar, lounge or tavern is 3,550 square feet in the location shown on the attached site plan.

B. The maximum land area for the uncovered patio [that] is 2,950 square feet

in the location shown on the attached site plan.

5. CERTIFICATE OF OCCUPANCY: The alcoholic beverage establishment limited to a bar, lounge, or tavern must obtain an amended certificate of occupancy from the building official by [30 days after the SUP is granted]. All requirements of this specific use permit and Planned Development District No. 269, the Deep Ellum Special Purpose District, must be met before the building official may issue the amended certificate of occupancy.

6. OFF-STREET PARKING: Parking must be provided in accordance with the remote and special parking requirements of Planned Development District No. 269, the Deep Ellum Special Purpose District. Delta credits, as defined in Section 51A-4.704(b)(4)(A), may not be used to meet the off-street parking requirement.

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

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

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PROPOSED SITE PLAN

North North

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Mixed Use

Auto Service Center

Parking Lot Retail &

Vacant

Parking Lots

Parking Lots

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2

3

4

1

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CPC RESPONSES

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Page 1 of 1 10/17/2008 Notification List of Property Owners Z078-306 12 Property Owners Notified Label # Address Owner O 1 813 EXPOSITION ROBERTS JOHN 2 729 EXPOSITION BERT CONCESSIONS INC O 3 801 EXPOSITION GIBSON DAVID H 4 830 1ST EXPO PARK PARTNERS LTD & HARVEY H MUELLER II 5 821 EXPOSITION MCNEILL ROBERT K 6 827 EXPOSITION GREENE PATRICK % LIZ GREENE 7 829 EXPOSITION HAYS BURL A 8 816 1ST PRICHETT JAMES W 9 812 1ST DAFFRON MARIANA G O 10 808 1ST MOXIE INVESTMENTS LTD 11 800 1ST PARK LINK LTD FRED BAKER X 12 4115 COMMERCE BLOCK 811 LTD


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Gabriel Camacho 11002 Creekmere Dallas, TX 75218

Jeri Arbuckle 4800 Victor St. Dallas, TX 75246 ENZ078-306

Karen Roberts 502 Cameron Ave Dallas, TX 75223


Megan P Bryant 1010 Allen St. #214 Dallas, TX 75204


Bryan Place NA Christopher R Craig 1540 McCoy Street Dallas, TX 75204

BSEAT Allen McGill P O Box 41561 Dallas, TX 75241

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Buckner Terrace HOA Frances James 4322 St. Francis Ave. Dallas, TX 75227

Clean S Dallas, Inc Kathlyn Gilliam P O Box 150205 Dallas, TX 75315

Crime Watch VIP Sandra Graham 4203 Junius St. Dallas, TX 75246

Hollywood Santa Monica NA Santos T. Martinez 1111 Cordova Dallas, TX 75223

Jubilee Park & Community Cntr. Ana Maria Narro 917 Bank St. Dallas, TX 75223


Lower Greenville Assoc Chuck Cole 5820 Penrose Ave Dallas, TX 75206

Mill Creek HOA Jo Blount 4834 Worth Street Dallas,TX 75246

Old E Dallas Renaissance Rick Leggio 4503 Reiger Avenue Dallas, TX 75246



Southern Hill Home Owner Dercy Walker 630 Plark Wood Dr. Dallas, TX 75224

Sunny Acres Calvin B. Carter P O Box 150803 Dallas, TX 75210

Swiss Ave Hist Dist Assn V. McAlester/D. Savage 5703 Swiss Avenue Dallas, TX 75214

Urban Pioneers Marian Gibson 4940 Worth Street Dallas, TX 75214

ENZ078-306






MAPSCO: 45 B

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development Subdistrict for an Animal clinic with outside run, Kennel with outside run, and LC Light Commercial Subdistrict Uses on property zoned an LC Light Commercial District Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District, on the northwest corner McKinney Avenue and Sneed Street with consideration being given to permitting the requested animal clinic with outside run and kennel with outside run by specific use permitRecommendation of Staff: DenialRecommendation of CPC: Approval, subject to a development plan and conditionsZ078-239(RB)

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FILE NUMBER: Z078-239(RB) DATE FILED: May 28, 2008

LOCATION: McKinney Avenue and Sneed Street, Northwest Corner

COUNCIL DISTRICT: 14 MAPSCO: 45 B

SIZE OF REQUEST: Approx. 19,776 Sq. Ft. CENSUS TRACT: 18

APPLICANT: Marvin V. Cannon, Representative and Owner REQUEST: An application for a Planned Development Subdistrict for an Animal clinic

with outside run, Kennel with outside run, and LC Light Commercial Subdistrict Uses on property zoned an LC Light Commercial Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose District. Consideration will also be given to permitting the requested animal clinic with outside run and kennel with outside run by specific use permit.

SUMMARY: The applicant is proposing to add an outside run component to the existing veterinarian office.

CPC RECOMMENDATION: Approval, subject to a development plan and conditions.

STAFF RECOMMENDATION: Denial.

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• The request site consists of a one-story structure that is currently utilized as an animal clinic. The property includes two off-street parking areas; one parallel to McKinney Avenue and one along the west façade with access from Sneed Street.

• The applicant is requesting a PDS to add the animal clinic with outside run and kennel with outside run uses while retaining the LC Subdistrict uses and standards.

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

Thoroughfare/Street Existing & Proposed ROW

McKinney Avenue Minor Arterial; 60’ & 60’ ROW

Sneed Street Local; 45’ ROW STAFF ANALYSIS

Area Plans: The Oak Lawn Special Purpose District and the Oak Lawn Plan include the following objectives: (1) To achieve buildings more urban in form. (2) To promote and protect an attractive street level pedestrian environment with

continuous street frontage activities in retail areas. (3) To encourage the placement of off-street parking underground or within buildings

similar in appearance to non-parking buildings. (4) To promote development appropriate to the character of nearby neighborhood

uses by imposing standards sensitive to scale and adjacency issues. (5) To use existing zoned development densities as a base from which to plan, while

providing bonuses to encourage residential development in commercial areas. (6) To discourage variances or zoning changes which would erode the quantity or

quality of single-family neighborhoods, or would fail to adhere to the standards for multiple-family neighborhoods and commercial areas.

(7) To promote landscape/streetscape quality and appearance.

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The applicant’s request will not alter the existing physical structure other than the addition of an outside run. Due to adjacent residential uses, the characteristics associated with the outside run are counter to No. 4. The remaining above referenced items are not applicable to the request. Comprehensive Plan: The applicant is proposing to add the outside run component to compliment the existing animal clinic use. Other than the outside run component, no other improvements are being proposed. Due to adjacent residential uses and to a certain degree, the close proximity of the public elementary school across Sneed Street, the characteristics of the proposed use could affect these uses. For these reasons, the request is not in compliance with the Urban Design Element outlined in forwardDallas!

GOAL 5.1 Promote a sense of place, safety, and walkability Policy 5.1.3 Encourage complementary building height, scale, design and character.

Land Use Compatibility: The request site consists of a one-story structure that is currently utilized as an animal clinic. The property includes two off-street parking areas; one parallel to McKinney Avenue and one along the west façade with access from Sneed Street.

Surrounding land use consists of medium to high density residential to the west and east, with office/structured parking to the north and PDS No. 45 (Travis Elementary) to the south across Sneed Street.

The existing animal clinic is allowed under the existing LC Subdistrict. The addition of the outside run is a concern to staff in that the noise associated with the use can negatively impact the residential character and to a certain degree, the outside activities associated with the adjacent school.

For this reason, staff cannot support the applicant’s request. Should the City Council be inclined to support the request, staff would recommend the requested uses be permitted by Specific Use Permit regulated by a site plan and conditions inclusive of a defined time period (with or without eligibility for automatic renewal).

Traffic: The Engineering Section of the Building Inspection Division of the Department of Development Services has reviewed the request and determined it will not significantly impact the surrounding street system.

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Off-Street Parking: The proposed use requires one off-street space for each 300 square feet of floor area. The applicant is proposing 21 spaces, while the use requires 24 spaces. Staff has not seen any alternatives to address the three parking space deficiency. It should be noted that additional spaces could be provided between the eastern façade and the McKinney Avenue property line as well as utilizing a provision within PDD No. 193 that give a one-space credit (maximum of two spaces) for each dumpster that meets the required setback and landscape provisions of the PDD.

Landscaping: The site possesses mature landscaping that was provided during development of the property. The applicant’s request does not trigger a requirement for additional landscaping, nor is staff recommending any.

CPC ACTION

(November 13, 2008) Motion: It was moved to recommend approval of a Planned Development District for an Animal clinic with outside run, Kennel with outside run, and LC Light Commercial Subdistrict Uses, subject to a development plan and applicant’s conditions on property zoned an LC Light Commercial Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose, on the northwest corner of McKinney Avenue and Sneed Street with the following additions: To ensure the health, safety and welfare of the community, compatibility with the surrounding land uses, and to reduce noise, the maximum number of dogs permitted in the outside run at any one time is six and two in the not-well dog run, employee must be in attendance at all times at the outside dog run when occupied by any number of dogs with the development plan and conditions to return on a future miscellaneous docket.

Maker: Emmons Second: Lueder Result: Carried: 13 to 0



Against: 0 Absent: 1 - Weiss Vacancy: 1 - District 2


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Speakers: For: Marvin Cannon, 3101 McKinney Ave., Dallas, TX, 75204 Mary Rawlins, 3610 Congress Ave., Dallas, TX, 75219 Adria Gonzales, 14223 Reissen Ln., Houston, TX, 77069 Cathi Wood, 5027 Stoneleigh Ave., Dallas, TX, 75235 Marlynn Burgess, 9569 Ash Creek Dr., Dallas, TX, 75228 Elizabeth Brant, 2305 Worthington St., Dallas, TX, 75204 Against: Roger Albright, 3301 Elm St., Dallas, TX, 75226 Barry Knight, 5400 Renaissance Tower, Dallas, TX, 75270 Matt Didyk, 2001 Stonemont Ct., Allen, TX, 75013 James Batchelor, 3030 McKinney Ave., Dallas, TX, 75204 Stella DiPasqua, 3030 McKinney Ave., Dallas, TX, 75204 Hanne Klein, 3030 McKinney Ave., Dallas, TX, 75204 Danny Horan, 9005 Gunnison Dr., Dallas, TX, 75231 Ray Green, 3030 McKinney Ave., Dallas, TX, 75204 Marla McDonald, 3030 McKinney Ave., Dallas, TX, 75204 Alphonso DiPasqua, 3030 McKinney Ave., Dallas, TX, 75204 Dolores Rogers, 3030 McKinney Ave., Dallas, TX, 75204

Against (Did not speak): Jack L. Klein, 3030 McKinney Ave., Dallas, TX, 75204 Leslie Brosi, 3030 McKinney Ave., Dallas, TX, 75204 Lynette Batchelor, 3030 McKinney Ave., Dallas, TX, 75204

(November 20, 2008)

Motion: It was moved to approve the development plan and conditions submitted in conjunction with an application for a Planned Development Subdistrict for an Animal clinic with outside run, Kennel with outside run, and LC Light Commercial Subdistrict Uses on property zoned an LC Light Commercial Subdistrict within Planned Development District No. 193, the Oak Lawn Special Purpose, on the northwest corner of McKinney Avenue and Sneed Street.

Maker: Emmons Second: Wolfish Result: Carried: 14 to 0




Speakers: None

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CPC RECOMMENDED CONDITIONS

“DIVISION S

PD SUBDISTRICT

SEC. S- .101. LEGISLATIVE HISTORY. PD Subdistrict was established by Ordinance No. , passed by the Dallas City Council on . SEC. S- .102. PROPERTY LOCATION AND SIZE. PD Subdistrict is established on property located at the northwest corner of McKinney Avenue and Sneed Street. The size of PD Subdistrict is approximately 19,776 square feet. SEC. S - .103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51 and in Part I of this article apply to this division. If there is a conflict, this division controls. In the event of a conflict between Chapter 51 and Part I of this article, Part I of this article controls. (b) In this division, SUBDISTRICT means a Subdistrict of PD 193. (c) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51. (d) This subdistrict is considered to be a nonresidential zoning district.

SEC. S-____.104. EXHIBIT. The following exhibit is incorporated into this article: Exhibit___A: development plan.

SEC. S - .105. DEVELOPMENT PLAN. (a) For an animal clinic with outside run, development and use of the Property must comply with the development plan (Exhibit A). If there is a conflict between the text of this division and the development plan, the text of this division controls.

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(b) For all other uses, no development plan is required and the provisions of Section 51A-4.701 regarding submission of or amendments to a development plan, site analysis plan, development schedule, and landscape plan do not apply. SEC. S - .106. MAIN USES PERMITTED.

(a) Except as provided in this section, the only main uses permitted in this subdistrict are those main uses permitted in the LC Light Commercial Subdistrict, subject to the same conditions applicable in the LC Light Commercial Subdistrict, as set out in Part I of this article. For example, a use permitted in the LC Light Commercial Subdistrict only by specific use permit (SUP) is permitted in this subdistrict only by SUP; a use subject to development impact review (DIR) in the LC Light Commercial Subdistrict is subject to DIR in this subdistrict; etc. (b) The following additional uses are permitted: -- Animal clinic with outside run. -- Kennel with outside run. [Limited to boarding only.] (c) The following uses are prohibited: -- Airport or landing field. -- Amateur communication tower. -- Bar, lounge, or tavern. -- Car wash. -- Inside commercial amusement, -- Commercial parking lot or garage. -- Commercial radio or television transmitting station. -- Dance hall. -- Liquor store. -- Passenger bus station and terminal. -- Private club. -- Service station. -- Sewage pumping station. -- Sewage treatment plant. -- Water reservoir, well, or pumping station. -- Water treatment plant.

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SEC. S - .107. ACCESSORY USES. As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51P-193.108, Accessory Uses. For more information regarding accessory uses, consult Section 51P-193.108. SEC. S - .108. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Part I of this article. If there is a conflict, between this section and Part I of this article, this section controls.) (a) In general. Except as provided in this section, the yard, lot, and space regulations of the LC Light Commercial Subdistrict apply. (b) Front yard. For an animal clinic with outside run and a kennel with outside run, minimum front yard on McKinney Avenue is 37 feet and minimum front yard on Sneed Street is nine feet. (c) Side yard. For an animal clinic with outside run and a kennel with outside run, no side yard is required on McKinney Avenue; minimum side yard on Sneed Street is 42 feet. (d) Floor area. For an animal clinic with outside run and a kennel with outside run limited to boarding, maximum floor area is 7,056 square feet located as shown on the development plan. SEC. S - .109. OFF-STREET PARKING AND LOADING. (a) Except as provided in this section, consult Part I of this article for the specific off-street parking and loading requirements for each use. (b) For an animal clinic with outside run and a kennel with outside run, off-street parking must be provided in the location shown on the development plan. SEC. S - .110. ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI.

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SEC. S - .111. LANDSCAPING.

(a) For an animal clinic with outside run, landscaping must comply with the development plan (Exhibit _ A).. (b) For all other uses, landscaping and screening must be provided in accordance with Part I of this Article. (c) All plant materials must be maintained in a healthy, growing condition. SEC. S - .112. SIGNS. Signs must comply with the provisions for business zoning districts in Article VII. SEC. S - .113. ADDITIONAL PROVISIONS. (a) In general. (1) The Property must be properly maintained in a state of good repair and neat appearance. (2) 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. (3) Except as otherwise provided in this division or shown on the development plan, development and use of the Property must comply with Part I of this article. (b) Animal clinic with outside run and a kennel with outside run. (1) The outside run areas must be located as shown on the development plan and the maximum outside run area is: (A) For Outside Run A, 395 square feet. (B) For Outside Run B, 160 square feet. (2) The outside run area may only operate between 7:00 a.m. and 7:00 p.m., Monday through Sunday. (3) To ensure the healthy, safety, and welfare of the community, compatibility with surrounding land uses, and to reduce noise: (A) the maximum number of animals permitted at any one time is six for Outside Run A and two for Outside Run B; and

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(B) an attendant must be present anytime an animal is in an outside run.

SEC. S - .114. COMPLIANCE WITH CONDITIONS.

(a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, in this district until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the City of Dallas. SEC. S - .115. ZONING MAP. PD Subdistrict ___ is located on Zoning Map No. I-7.

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PPrrooppoosseedd DDeevveellooppmmeenntt PPllaann

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Page 1 of 12 6/23/2008 Notification List of Property Owners Z078-239 342 Property Owners Notified Label # Address Owner 1 3101 MCKINNEY CANNON PROPERTIES LP 2 2501 HALL GREENWOOD CEMETERY ASSN 3 3100 OAK GROVE GREENWOOD CEMETERY ASSN 4 3100 OAK GROVE GREENWOOD CEMETERY ASSN 5 3124 MCKINNEY MCKINNEY AVENUE 6 3004 MCKINNEY COLUMBUS REALTY TRUST 7 3120 MCKINNEY MCKINNEY AVENUE 8 3153 OAK GROVE MCKINNEY AVENUE TRANSIT 9 2824 COLE NICHOLS DOUGLAS R & 10 2808 COLE KESTREL HOLDINGS INC 11 3001 MCKINNEY DALLAS ISD 12 2902 CARLISLE CARLISLE PARTNERS L P 13 3031 ALLEN FOUR DIRT FRIENDS LLC 14 3000 CARLISLE WESTON PLAZA LTD 15 3131 MCKINNEY TR MCKINNEY CORP 16 3100 CARLISLE WESTON PLAZA LTD 17 3111 COLE ANDERSON MICHAEL J 18 3107 COLE BOUCHER DANIEL D 19 3112 BOWEN KASNETZ ANDREW B 20 3205 COLE KASNETZ ANDREW B 21 3205 COLE KASNETZ ANDREW B 22 3211 MCKINNEY DAY GLEN W FAMILY TRUST 23 3207 MCKINNEY DAY GLEN W FAMILY TRUST 24 3230 MCKINNEY LISAR INC 25 3128 MCKINNEY AZIZA INVESTMENTS INC 26 2801 ALLEN POST APARTMENT HOMES LP

Monday, June 23, 2008

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Label # Address Owner 27 2801 LACLEDE POST APARTMENT HOMES LP 28 2909 COLE ABERFELDY LIMITED PS 29 2803 COLE POST APARTMENT HOMES LP 30 3006 COLE ROCKLAND LP 31 3007 COLE POST APARTMENT HOMES LP 32 3207 COLE WARNICK HAROLD B 33 3201 MCKINNEY 3201 MCKINNEY AVE LTD 34 3208 COLE Owner Withheld per Sec 25.025 & 25.026 35 3208 COLE PINKER MARC 36 3208 COLE JAMES KIM 37 3208 COLE HOLBERT ELLYN 38 3208 COLE RATLIFF ROLAND J & ANNE A 39 3208 COLE SAMUEL ANN LINDA 40 3208 COLE CROSBIE PETER J 41 3208 COLE PAK CHRISTOPHER 42 3208 COLE MILLER CAROLINE M 43 3208 COLE HOOVER FRANK A 44 3208 COLE CAHILL HEATHER 45 3208 COLE ARNOLD NANCY G 46 3208 COLE HANNA MARY C 47 3208 COLE ELMS ALLYSON 48 3208 COLE DUELKS BRADFORD B 49 3208 COLE GONZALEZ RAY L 50 3208 COLE RHODES MARK & GWENA 51 3208 COLE LINNEMAN LOUIS P JR ETAL 52 3208 COLE VARGHESE THOMAS 53 3208 COLE ROBERTS SHARON D 54 3208 COLE MITTAL ALKA x 55 3208 COLE MITTEN JENNIFER x 56 3208 COLE SCRUGGS JACK C x 57 3208 COLE HAYES JILL BETH


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Label # Address Owner

x 58 3208 COLE LAWS PETER QUINN II & x 59 3208 COLE DEMIRKOL HANDE x 60 3208 COLE WEDEBERG BRADLEY A x 61 3208 COLE KRACKE KIM B x 62 3208 COLE DILLING CARA x 63 3208 COLE BELL THERESA MARIE x 64 3208 COLE KNOTT LAURA G x 65 3208 COLE CURRA CHRISTOPHER J x 66 3208 COLE PATTERSON THERESA RANDALL x 67 3208 COLE HOUCK TROY x 68 3208 COLE WOODS JOSEPH D x 69 3208 COLE NEUNERT CINDY E x 70 3208 COLE COLMENERO ANGELA V x 71 3208 COLE HARE JAMIE x 72 3208 COLE LATHAM KATHLEEN x 73 3208 COLE HERNANDEZ CARDENAS ANN V x 74 3208 COLE EGGEBRECHT DARREN W x 75 3208 COLE CALEGARI MAUD B x 76 3208 COLE BALDERAS VALESKA x 77 3208 COLE DENTON CAROL A x 78 3208 COLE GRACE GAIL A x 79 3208 COLE LLOYD GEOFFREY D x 80 3208 COLE HARLOW CHARLES J x 81 3208 COLE DAVIS JENNIFER x 82 3208 COLE ROMAN LUIS A & HERBY M x 83 3208 COLE MORRIS ALLISON V x 84 3208 COLE GELPI CATHY x 85 3208 COLE RITCHEY KATHERINE x 86 3208 COLE DAVIS NICHOLAS & x 87 3030 MCKINNEY ROBINSON INDUSTRIES, INC Monday, June 23, 2008

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Label # Address Owner x 88 3030 MCKINNEY BRINKMAN JEANNIE &

x 89 3030 MCKINNEY AMMON SUSAN x 90 3030 MCKINNEY HERSHMAN SCOTT S x 91 3030 MCKINNEY NELSON JACK JR x 92 3030 MCKINNEY HAYS RAYMOND R & DINAH D x 93 3030 MCKINNEY LATHIM JAMES A JR x 94 3030 MCKINNEY LAWSON LILLIAN I x 95 3030 MCKINNEY KLEINE WILLIAMS D & ANN x 96 3030 MCKINNEY BROSI SCOTT C & x 97 3030 MCKINNEY RICHARDS PATRICK x 98 3030 MCKINNEY KNAPE SUSAN A x 99 3030 MCKINNEY SIMPSON BERNARD R & x 100 3030 MCKINNEY HAIRE SCOTT L x 101 3030 MCKINNEY PHILLIPS WAYNE D x 102 3030 MCKINNEY STEELE JOHN RODMAN x 103 3030 MCKINNEY BOKTOR AMIR & DIANA x 104 3030 MCKINNEY BERTHOLD ROMBERG & x 105 3030 MCKINNEY WAGMAN FELICIA A MD x 106 3030 MCKINNEY MULLICAN MARY A x 107 3030 MCKINNEY VU CHI T x 108 3030 MCKINNEY NEAL BARBARA H x 109 3030 MCKINNEY REDMOND MICHAEL R x 110 3030 MCKINNEY DAVIDSON FRILEY S x 111 3030 MCKINNEY KLEIN JACK L & HANNE x 112 3030 MCKINNEY DYKES DONALD E x 113 3030 MCKINNEY GOLDFARB ABRAHAM x 114 3030 MCKINNEY PEPMILLER DELMAR D & x 115 3030 MCKINNEY RILEY MICHAEL M x 116 3030 MCKINNEY SAMARA KENNETH J x 117 3030 MCKINNEY BLUMENTHAL AMY M x 118 3030 MCKINNEY BATCHELOR JAMES F & Monday, June 23, 2008

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Label # Address Owner x 119 3030 MCKINNEY BRANTLEY GLADYS x 120 3030 MCKINNEY GRIFFIN ELIZABETH R x 121 3030 MCKINNEY ERB DONNA x 122 3030 MCKINNEY BRITTINGHAM EDUARDO M & x 123 3030 MCKINNEY PETTIT MICHAEL B & x 124 3030 MCKINNEY AINSWORTH RICHARD K x 125 3030 MCKINNEY WALKER DAVID G x 126 3030 MCKINNEY CAMPEAU CORP TEXAS x 127 3030 MCKINNEY GWYN JAMES W & V MARIE x 128 3030 MCKINNEY SEAMAN GARY L & CAROLYN K x 129 3030 MCKINNEY BERGERON TOM x 130 3030 MCKINNEY SPIEGELMAN WILLARD x 131 3030 MCKINNEY CAMPEAU CORP TEXAS x 132 3030 MCKINNEY PRESCOTT CLIFFORD R x 133 3030 MCKINNEY DONALDSON NIGEL A x 134 3030 MCKINNEY RIOJAS GILBERTO x 135 3030 MCKINNEY SANDKNOP RYAN x 136 3030 MCKINNEY LAMB SHELLY S x 137 3030 MCKINNEY MOSSER ROBERT E x 138 3030 MCKINNEY MCKEE JOHN x 139 3030 MCKINNEY BALL JEANNIE C x 140 3030 MCKINNEY KHOSHNOUDI AHMAD & x 141 3030 MCKINNEY WOOD ELLEN x 142 3030 MCKINNEY MCDONALD MARLA x 143 3030 MCKINNEY ADAMS JAMES W SR & x 144 3030 MCKINNEY WANSTRATH LAURA x 145 3030 MCKINNEY BRITTINGHAM GUILLERMO M & x 146 3030 MCKINNEY DUFFIELD ANNE E x 147 3030 MCKINNEY FULLER DAVID A & NANCY M x 148 3030 MCKINNEY DIPASQUA ALPHONSO & x 149 3030 MCKINNEY BROWN WILLIAM T Monday, June 23, 2008

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Label # Address Owner x 150 3030 MCKINNEY MILES WILLIAM K & JANIS C

x 151 3030 MCKINNEY RAMAGE CALVIN L x 152 3030 MCKINNEY GILHOOLY STEPHEN x 153 3030 MCKINNEY FREEMAN JOE E & CHERYL W x 154 3030 MCKINNEY WAUGH MARY M x 155 3030 MCKINNEY SELLARS JOHN P x 156 3030 MCKINNEY MCALLISTER MICHAEL x 157 3030 MCKINNEY ASTECA MILLING CO x 158 3030 MCKINNEY PEREZ ALBERTO D x 159 3030 MCKINNEY POWELL REBECCA H x 160 3030 MCKINNEY MUIR J DUNCAN x 161 3030 MCKINNEY PRICE H JACK x 162 3030 MCKINNEY PETERKIN NELL & LAWRENCE x 163 3030 MCKINNEY MOSTYN GREGORY x 164 3030 MCKINNEY MCCURRY MARGARET O x 165 3030 MCKINNEY CUNNINGHAM GENE M x 166 3030 MCKINNEY BRYAN BARRY x 167 3030 MCKINNEY KHOSHNOUDI BAHAR x 168 3030 MCKINNEY MAASOUMI EFANDIAR x 169 3030 MCKINNEY BUCKMAN EARL L x 170 3030 MCKINNEY HARRIS ELIZABETH K x 171 3030 MCKINNEY KANESELLERS M LAURA x 172 3030 MCKINNEY WOOD STERLING C x 173 3030 MCKINNEY JORDAN STEVEN C x 174 3030 MCKINNEY LADD DENNIS & x 175 3030 MCKINNEY AHNERT EDWARD F & x 176 3030 MCKINNEY TRIMBLE RODNEY B x 177 3030 MCKINNEY JAMES MICHAEL S x 178 3030 MCKINNEY WHITWELL STEPHEN x 179 3030 MCKINNEY SCHMIDT KEITH A x 180 3030 MCKINNEY BARNES HERSHELL L JR Monday, June 23, 2008

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Label # Address Owner x 181 3030 MCKINNEY BERG ALAN &

x 182 3030 MCKINNEY KELLY MICHAEL J x 183 3030 MCKINNEY HAKIM CAMILLE A & x 184 3030 MCKINNEY PAULSON PATRICIA L x 185 3030 MCKINNEY WALTHER UDO x 186 3030 MCKINNEY FARROWGILLIESPIE ALAN C x 187 3030 MCKINNEY FRANKS ROBERT C & x 188 3030 MCKINNEY WEINSTEIN REBECCA J x 189 3030 MCKINNEY ROSSI HENRY J x 190 3030 MCKINNEY PUTNAM DONOVAN & x 191 3030 MCKINNEY APPERSON MARK W x 192 3030 MCKINNEY COLLINS FLOYD W x 193 3030 MCKINNEY ROGERS CULLEN A & x 194 3030 MCKINNEY CORTEZ CARLOS R x 195 3030 MCKINNEY MCLAUGHLIN KATHLEEN x 196 3030 MCKINNEY BIRKNER JOHN H x 197 3030 MCKINNEY SHELMIRE SUSAN x 198 3030 MCKINNEY WEATHERBY LESTER C JR x 199 3030 MCKINNEY HAKIM CAMILLE & HAIFA TR x 200 3030 MCKINNEY ATLIN NEIL J x 201 3030 MCKINNEY BUTTS KELEM B & x 202 3030 MCKINNEY HEPFNER JAMES P x 203 3030 MCKINNEY PHELAN CALVIN R & x 204 3030 MCKINNEY BURNS L D & CAROL x 205 3030 MCKINNEY BLACKBURN MARVIN DANIEL x 206 3030 MCKINNEY NELSON RANDALL & KIMBERLY x 207 3030 MCKINNEY BERGNER JOHN F & x 208 3030 MCKINNEY STEWART JEFFREY G x 209 3030 MCKINNEY WAGNER TODD R x 210 3030 MCKINNEY BURNS L D & CAROL A x 211 3030 MCKINNEY HAWLEY JOHN R & MARCIA H Monday, June 23, 2008

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Label # Address Owner x 212 3030 MCKINNEY WAGNER TODD R

x 213 3030 MCKINNEY WAGNER TODD R x 214 3030 MCKINNEY WAGNER TODD R x 215 2950 MCKINNEY CLYDE LANE CONDO DEV x 216 2950 MCKINNEY CLYDE LANE CONDO DEV x 217 2950 MCKINNEY CLYDE LANE CONDO DEV x 218 2950 MCKINNEY CLYDE LANE CONDO DEV x 219 2950 MCKINNEY CLYDE LANE CONDO DEV x 220 2950 MCKINNEY CLYDE LANE CONDO DEV x 221 2950 MCKINNEY CLYDE LANE CONDO DEV x 222 2950 MCKINNEY CLYDE LANE CONDO DEV 223 2950 MCKINNEY CLYDE LANE CONDO DEV 224 2950 MCKINNEY CLYDE LANE CONDO DEV 225 2950 MCKINNEY CLYDE LANE CONDO DEV 226 2950 MCKINNEY CLYDE LANE CONDO DEV 227 2950 MCKINNEY CLYDE LANE CONDO DEV 228 2950 MCKINNEY CLYDE LANE CONDO DEV 229 2950 MCKINNEY CLYDE LANE CONDO DEV 230 2950 MCKINNEY CLYDE LANE CONDO DEV 231 2950 MCKINNEY CLYDE LANE CONDO DEV 232 2950 MCKINNEY CLYDE LANE CONDO DEV 233 2950 MCKINNEY CLYDE LANE CONDO DEV 234 2950 MCKINNEY CLYDE LANE CONDO DEV 235 2950 MCKINNEY CLYDE LANE CONDO DEV 236 2950 MCKINNEY CLYDE LANE CONDO DEV 237 2950 MCKINNEY CLYDE LANE CONDO DEV 238 2950 MCKINNEY CLYDE LANE CONDO DEV 239 2950 MCKINNEY CLYDE LANE CONDO DEV 240 2950 MCKINNEY CLYDE LANE CONDO DEV 241 2950 MCKINNEY CLYDE LANE CONDO DEV 242 2950 MCKINNEY CLYDE LANE CONDO DEV 243 2950 MCKINNEY CLYDE LANE CONDO DEVMonday, June 23, 2008

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Label # Address Owner 244 2950 MCKINNEY CLYDE LANE CONDO DEV 245 2950 MCKINNEY CLYDE LANE CONDO DEV 246 2950 MCKINNEY CLYDE LANE CONDO DEV 247 2950 MCKINNEY CLYDE LANE CONDO DEV 248 2950 MCKINNEY CLYDE LANE CONDO DEV 249 2950 MCKINNEY CLYDE LANE CONDO DEV 250 2950 MCKINNEY CLYDE LANE CONDO DEV 251 2950 MCKINNEY CLYDE LANE CONDO DEV 252 2950 MCKINNEY CLYDE LANE CONDO DEV 253 2950 MCKINNEY CLYDE LANE CONDO DEV 254 2950 MCKINNEY CLYDE LANE CONDO DEV 255 2950 MCKINNEY CLYDE LANE CONDO DEV 256 2950 MCKINNEY CLYDE LANE CONDO DEV 257 2950 MCKINNEY CLYDE LANE CONDO DEV 258 2950 MCKINNEY CLYDE LANE CONDO DEV 259 2950 MCKINNEY CLYDE LANE CONDO DEV 260 2950 MCKINNEY CLYDE LANE CONDO DEV 261 2950 MCKINNEY CLYDE LANE CONDO DEV 262 2950 MCKINNEY CLYDE LANE CONDO DEV 263 2950 MCKINNEY CLYDE LANE CONDO DEV 264 2950 MCKINNEY CLYDE LANE CONDO DEV 265 2950 MCKINNEY CLYDE LANE CONDO DEV 266 2950 MCKINNEY CLYDE LANE CONDO DEV 267 2950 MCKINNEY CLYDE LANE CONDO DEV 268 2950 MCKINNEY CLYDE LANE CONDO DEV 269 2950 MCKINNEY CLYDE LANE CONDO DEV 270 2950 MCKINNEY CLYDE LANE CONDO DEV 271 2950 MCKINNEY CLYDE LANE CONDO DEV 272 2950 MCKINNEY CLYDE LANE CONDO DEV 273 2950 MCKINNEY CLYDE LANE CONDO DEV 274 2950 MCKINNEY CLYDE LANE CONDO DEV


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Label # Address Owner 275 2950 MCKINNEY CLYDE LANE CONDO DEV 276 2950 MCKINNEY CLYDE LANE CONDO DEV 277 2950 MCKINNEY CLYDE LANE CONDO DEV 278 2950 MCKINNEY CLYDE LANE CONDO DEV 279 2950 MCKINNEY CLYDE LANE CONDO DEV 280 2950 MCKINNEY CLYDE LANE CONDO DEV 281 2950 MCKINNEY CLYDE LANE CONDO DEV 282 2950 MCKINNEY CLYDE LANE CONDO DEV 283 2950 MCKINNEY CLYDE LANE CONDO DEV 284 2950 MCKINNEY CLYDE LANE CONDO DEV 285 2950 MCKINNEY CLYDE LANE CONDO DEV 286 2950 MCKINNEY CLYDE LANE CONDO DEV 287 2950 MCKINNEY CLYDE LANE CONDO DEV 288 2950 MCKINNEY CLYDE LANE CONDO DEV 289 2950 MCKINNEY CLYDE LANE CONDO DEV 290 2950 MCKINNEY CLYDE LANE CONDO DEV 291 2950 MCKINNEY CLYDE LANE CONDO DEV 292 2950 MCKINNEY CLYDE LANE CONDO DEV 293 2950 MCKINNEY CLYDE LANE CONDO DEV 294 2950 MCKINNEY CLYDE LANE CONDO DEV 295 2950 MCKINNEY CLYDE LANE CONDO DEV 296 2950 MCKINNEY CLYDE LANE CONDO DEV 297 2950 MCKINNEY CLYDE LANE CONDO DEV 298 2950 MCKINNEY CLYDE LANE CONDO DEV 299 2950 MCKINNEY CLYDE LANE CONDO DEV 300 3100 COLE AFTABROUSHADR KAMBIZ 301 3100 COLE ALLSION CHRIS 302 3100 COLE RAFFEL SCOTT J & KATHY E 303 3100 COLE ZHANG HELEN X Y 304 3100 COLE HICKEY KIRK D 305 3100 COLE WILEMAN LEONARD


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Label # Address Owner 306 3100 COLE RUSSELL JOE D 307 3100 COLE SAENZ SERGIO A & 308 3100 COLE MAGUIRE MANDY J 309 3100 COLE SOPATA CHAD T 310 3100 COLE REYES ROBERT M 311 3100 COLE MCKAY AMANDA ELIZABETH 312 3100 COLE RAFEA VEEDA 313 3100 COLE DEVITO ALEXANDRA 314 3100 COLE KJELDGAARD DAVID 315 3100 COLE MATAMOROS JOSEPH A 316 3100 COLE YENKO CHARISSE S 317 3100 COLE DOUNDOULAKIS THOMAS 318 3100 COLE MORALES MARLENE ELENA 319 3100 COLE WHEAT DAVID G 320 3100 COLE RODGERS KURTIS 321 3100 COLE KELJO MICHAEL D 322 3100 COLE LEESLEY SIMON 323 3100 COLE PHAM BAILEY AJ 324 3100 COLE PARISH BRETT MATTHEW 325 3100 COLE SKAINES JONATHAN B 326 3100 COLE NOSS DOUGLAS A 327 3100 COLE HASTEDT BRADLEY 328 3100 COLE BAE ANDREW 329 3100 COLE SALANON EMANUEL JOEL & 330 3100 COLE SODEN ERIC D 331 3100 COLE VELASQUEZ AIDA N 332 3100 COLE MILLIET MARK JOSEPH 333 3100 COLE MAYES EVAN Z 334 3100 COLE REISMAN MARK L 335 3100 COLE POLEK WHITNEY J 336 3100 COLE ROSENBAUM RICO


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Label # Address Owner 337 3100 COLE YOUNG LINDSAY & 338 3100 COLE BUSCH ROBERT JOHN 339 3100 COLE MARQUESEN SARAH JEAN 340 3100 COLE BAUMGARDNER TIMOTHY T 341 3100 COLE BAYDUSS BRETT 342 3100 COLE DEMEIS DANIEL G Monday, June 23, 2008

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Alan Pierce 3912 Cedar Springs Dallas, TX 75219 ENZ078-239

Allen W. Rubin 2714 Turtle Creek Circle Dallas, TX 75219

Art Rogers 4523 Holland Ave Dallas, TX 75219

Bryan K. Haywood City Hall, Rm. 2CN Dallas, TX 75201

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Judith Hearst 2512 Thomas Ave Dallas, TX 75201

John McKee 3030 McKinney Ave., #905 Dallas, TX 75204


Leslie Brosi 3030 McKinney Ave. #205 Dallas, TX 75204



Robert Dyer 1601 Elm St, Ste 3000 Dallas, TX 75201


1999 McKinney Ave HOA Dick Brink 1999 McKinney Ave 1207 Dallas, TX 75201


Caddo Street TH HOA Julia Alderete 1429 Caddo St, Unit F Dallas, TX 75204





Friends of State-Thomas Judy Hearst 2512 Thomas Ave Dallas, TX 75201





La Tour HA Marla McDonald 3030 McKinney Ave #1003 Dallas, TX 75204



Oak Lawn Committee P O Box 190912 Dallas, TX 75219

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Park Towers C Assoc Estelle Carter 3310 Fairmount Dallas, TX 75201



Thomas Court RA Mitchell L Stone 2833 Thomas Ave Dallas, TX 75204

Trust For Public Land Paul M. Lehner 1717 Main St. Ste 3060 Dallas, TX 75201

Uptown Public Improv. District Tracy Curts 2808 Mckinney Ave. Ste 100 Dallas, TX 75204

ENZ078-239






MAPSCO: 37 X

SUBJECT

A public hearing to receive comments regarding a City Council authorized hearing with consideration being given to determining the land use compatibility of Specific Use Permit No. 1222 for a Commercial amusement (inside) use for a Class A Dance hall on property zoned a CR Community Retail District on the northeast line of Gaston Avenue, northwest of Garland Road and an ordinance repealing Specific Use Permit No. 1222Recommendation of Staff: Approval, subject to a site plan and conditionsRecommendation of CPC: Repeal of Specific Use Permit No. 1222Z078-256(RB)

HONORABLE MAYOR & CITY COUNCIL

FILE NUMBER: Z078-256(RB)

WEDNESDAY, JANUARY 14, 2009

ACM: A. C. Gonzalez

DATE AUTHORIZED: June 25, 2008

LOCATION: Northeast Line of Gaston Avenue, Northwest of Garland Road

COUNCIL DISTRICT: 14

SIZE OF REQUEST: Approx. 2.17 Acres

MAPSCO: 37 X

CENSUS TRACT: 1

PROPOSAL: A City Council authorized hearing with consideration being given todetermining the land use compatibility of Specific Use Permit No. 1222for a Commercial amusement (inside) use for a Class A Dance hall onproperty zoned a CR Community Retail District.

SUMMARY: The Dallas City Council authorized this hearing to permit staff to reviewthe use in conjunction with its compatibility with surrounding land use.

CPC RECOMMENDATION: Repeal of Specific Use Permit No. 1222.

STAFF PROPOSAL: Approval, subject to a site plan and conditions.

1

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• SUP No. 1222 was approved for a permanent time period by the City Council on January 11, 1995, subject to a site plan and conditions.

• The use is located within the eastern portion of a multi-tenant building and

surrounded by surface parking.

Zoning History:

File No. Request, Disposition, and Date

1) BDA 95-040 It should be noted that the Board of Adjustment at its public hearing on March 26, 1995, reversed the decision of the Building Official to recognize the use of remote parking under a deed restriction parking agreement not approved by the Building Official or the City Attorney. The parking area is part of the larger off-street parking area associated with the multi-tenant structure in which this dance hall is located.

2. Z001-143 A PDD for Mixed Uses on property zoned a CR District. Pending a CPC public hearing.

Thoroughfare Designation; Existing & Proposed ROW

Gaston Avenue Collector; 60’ & 60’ ROW

Comprehensive Plan: SUP No. 1222 is located within a structure accommodating an additional retail use and a community service center (YMCA). The site plan regulating the SUP provides for surface parking and a row of planters along the façade. Upon staff review of the land use compatibility as it relates to the authorized hearing for the use regulated by SUP No. 1222, certain factors have become present. While there is no immediate residential adjacency, staff is concerned with the time period permitted by the existing ordinance as well as off-street parking regulations, both of which are addressed in staff’s recommended amending conditions. Lastly, the amount of offenses associated with the address has influenced staff’s proposal to limit the previously approved time period.

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Based on staff’s proposal, including revisions to the site plan and conditions, SUP No. 1222 is envisioned to be in compliance with the Neighborhood Element, as outlined in forwardDallas! Neighborhood Element

GOAL 7.1 Promote vibrant and viable neighborhoods.

Policy 7.1.2 Promote neighborhood-development compatibility.

STAFF ANALYSIS:

Land Use Compatibility: The dance hall is located within the eastern portion of a multi-tenant building and surrounded by surface parking. On June 25, 2008, the City Council authorized a public hearing to consider the land use compatibility of this SUP. On April 13, 1994, the City Council amended the development code to require a specific use permit for a dance hall use in CR and CS Districts (current zoning on the property was and still is CR). As a result of this action, all existing dance hall uses at the time of the Council action became legally nonconforming. On July 28, 1994, the operator of the dance hall located on this property at that time submitted an application for an RR District, so as to permit the dance hall use by right. Staff, CPC, and ultimately the City Council denied the request for an RR District but approved an SUP for the dance hall for a permanent time period, subject to a site plan and conditions. From staff’s perspective, the RR District was not supported due to certain uses and development standards being permitted that would not be compatible with the uses and development standards permitted on adjacent properties. On a parallel, staff determined that the granting of an SUP for the dance hall would remove the nonconforming status of the dance hall use as a result of the previously mentioned City Council amending code action. The existing multi-tenant structure includes a bar and a community service center (YMCA). A railroad right-of-way and retail uses wrap the northern and eastern property line. Additional retail and neighborhood serving office uses are developed to the south across Gaston Avenue. Multifamily uses wrap the western/northwestern property line. The general provisions for a Specific Use Permit in Section 51A-4.219 of the Dallas

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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. Due to a lack of an immediate residential adjacency, the site’s location on a thoroughfare with access to the site not impacting the multifamily uses to the north/northwest, and a physical location in the extreme eastern portion of the multi-tenant structure, staff has determined the use can be compatible in this location subject to certain revisions to the conditions and site plan regulated by SUP No. 1222. As defined in the Dallas Development Code, an SUP is a ‘means for developing certain uses in a manner in which the specific use will be compatible with adjacent property and consistent with the character of the neighborhood’. Uses governed by a site plan and conditions regulated by an SUP are approved on the land and not associated with an operator. The SUP cannot be tied to a specific operator. For this reason, staff has been reluctant to support permanent time periods for SUP’s for these types of uses. Staff is proposing the time period for this SUP be amended to a two-year period. Additionally, staff will require certain revisions to the site plan and conditions to ensure compatibility of the use.

Traffic: The Engineering Section of the Department of Development Services has reviewed the proposal and determined it will not significantly impact the surrounding street system. Parking: The existing dance hall requires 329 off-street parking spaces. A total of 172 spaces are provided on the site plan regulating the use, while the balance of required spaces are provided via the recorded agreement as described in the Zoning History section, above. Staff is proposing a copy of the approved parking agreement be attached to the ordinance as well as a condition that requires the property owner to notify the building official within 30 days of any amendment or termination of the instrument with a

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requirement of 30 days to provide any required parking not provided by the amended or terminated private parking agreement. Landscaping: The site does not posses any landscape materials, other than planters located along the façade facing Gaston Avenue. Staff has determined the location of the required planters are not in compliance with the approved site plan. The property owner will be required to move the planters of the abutting site to within the boundary of the proposal area. Miscellaneous-Police Reporting: In conjunction with staff’s analysis, the Dallas Police Department has researched reported call activity and arrest reports for the period of January 1, 2004 through August 14, 2008. See attached summary pages. CPC ACTION: (October 16, 2008) Motion: It was moved to recommend to repeal Specific Use Permit No. 1222 for a Commercial amusement (inside) use for a Class A Dance hall on property zoned a CR Community Retail District on the northeast line of Gaston Avenue, northwest of Garland Road.

Maker: Emmons Second: Weiss Result: Carried: 15 to 0

For: 15 - Prothro, Strater, Gary, Davis, Rodgers,

Lozano, Bagley, Lavallaisaa, Weiss, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar

Against: 0 Absent: 0 Vacancy: 0

Notices: Area: 200 Mailed: 9 Replies: For: 1 Against: 0 Speakers: For: Paul Rich, 3500 Oak Lawn Ave., Dallas, TX, 75219 Art Anderson, 5400 Renaissance Tower, Dallas, TX,

75270 Against: Scott Clumpner, 7122 Coronado Ave., Dallas, TX, 75214

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Henda Salmeron, 6748 Avalon Ave., Dallas, TX, 75214 Peter Doncaster, 7003 East Grand Ave., Dallas, TX, 75223 Kim Ratcliff, 7311 Casa Loma Ave., Dallas, TX, 75214 Alan Morris, 7322 Casa Loma Dr., Dallas, TX, 75214

Against (did not speak): Ashley Martin, 622 Newell Ave., Dallas, TX, 75223 Tricia Born, 7307 Casa Loma Ave., Dallas, TX, 75214 Richard Salmeron, 6718 Avalon Ave., Dallas, TX, 75214 Michael Burns, 7052 Coronado Ave., Dallas, TX, 75214 Charles Estee, 7051 Clayton, Dallas, TX, 75214 R. Les Terrill, 6731 Gaston Ave., Dallas, TX, 75214 Annette Cox, 706 Cordova St., Dallas, TX, 75223 Clifford Horsak, 2204 Brendenwood Dr., Dallas, TX, 75214 Edward Maestri, 7107 La Vista Dr., Dallas, TX, 75214 Mark Born, 7307 Casa Loma Ave., Dallas, TX, 75214 Nancy Wilson, 6739 Avalon Ave., Dallas, TX, 75214 Carrie Funderburk, 600 Newell Ave., Dallas, TX, 75223 Richard Keen, 7108 Casa Loma Ave., Dallas, TX, 75214 David Kushel, 7108 Casa Loma Ave., Dallas, TX, 75214 Bruce Harmon, 71356 Casa Loma Ave., Dallas, TX, 75214 Ann Harmon, 7135 Casa Loma Ave., Dallas, TX, 75214 Susan Campbell, 6818 Vivian Ave., Dallas, TX, 75223 Stewart Cockrell, 7239 Coronado Ave., Dallas, TX, 75214 Carol Winkelmann, 6518 McCommas Blvd., Dallas, TX, 75214 Jeri Huber, 7114 Westlake Ave., Dallas, TX, 75214 Nancy Cherryhomes, 6712 Lakewood Blvd., Dallas, TX, 75214 Debra Murray, 3100 Wendover Rd., Dallas, TX, 75214 Angie Clarke, 7132 Wildgrove Ave., Dallas, TX, 75214 Linda Nichols, 7014 Meadow Lake Ave., Dallas, TX, 75214 Brendan Achariyakosol, 7026 Casa Loma Ave., Dallas, TX, 75214 Kenneth Halliday, 6438 Malcolm Dr., Dallas, TX, 75214 Karen Albracht, 6819 East Grand Ave., Dallas, TX, 75223

City Staff: Lt. Michael Woodbury, Dallas Police Department

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2008 CALL REPORTS

SERNUM DATE TIME SIGNAL ADDRESS BEAT WATCH

0013211V 1/13/2008 2:40:00 7 07331 GASTONAVE 217 1 0013212V 1/13/2008 2:40:00 7 07331 GASTONAVE 217 1 0022382V 1/22/2008 13:05:00 58 07331 GASTONAVE 217 2 0032325V 2/1/2008 8:36:00 58 07331 GASTONAVE 217 2 0034790V 2/3/2008 15:22:00 58 07331 GASTONAVE 217 2 0037108V 2/5/2008 21:21:00 58 07331 GASTONAVE 217 3 0037235V 2/5/2008 23:37:00 58 07331 GASTONAVE 217 3 0037286V 2/5/2008 23:03:00 OD 07331 GASTONAVE 217 3 0041870V 2/10/2008 18:13:00 PS 07331 GASTONAVE 217 3 0054195V 2/23/2008 2:28:00 58 07331 GASTONAVE 217 1 0055287V 2/24/2008 1:57:00 58 07331 GASTONAVE 217 1 0069757V 3/9/2008 0:25:00 58 07331 GASTONAVE 217 1 0078446V 3/17/2008 2:48:00 58 07331 GASTONAVE 217 1 0078490V 3/17/2008 4:08:00 58 07331 GASTONAVE 217 1 0093558V 3/31/2008 2:03:00 58 07331 GASTONAVE 217 1 0114313V 4/19/2008 1:48:00 6X 07331 GASTONAVE 217 1 0114655V 4/19/2008 10:32:00 PS 07331 GASTONAVE 217 2 0118296V 4/22/2008 14:41:00 58 07331 GASTONAVE 217 2 0123596V 4/27/2008 2:12:00 58 07331 GASTONAVE 217 1 0132449V 5/5/2008 8:58:00 58 07331 GASTONAVE 217 2 0154220V 5/25/2008 2:09:00 58 07331 GASTONAVE 217 1 0155226V 5/26/2008 0:53:00 58 07331 GASTONAVE 217 1 0155260V 5/26/2008 0:53:00 58 07331 GASTONAVE 217 1 0155261V 5/26/2008 0:53:00 58 07331 GASTONAVE 217 1 0160726V 5/31/2008 0:13:00 58 07331 GASTONAVE 217 1 0179038V 6/16/2008 10:52:00 58 07331 GASTONAVE 217 2 0184275V 6/20/2008 23:02:00 58 07331 GASTONAVE 217 3 0210962V 7/7/2008 2:23:00 58 07331 GASTONAVE 217 1 0211028V 7/7/2008 3:27:00 16 07331 GASTONAVE 217 1 0232902V 7/27/2008 12:22:00 9 07331 GASTONAVE 217 2 0234656V 7/29/2008 2:33:00 58 07331 GASTONAVE 217 1 0239960V 8/3/2008 2:05:00 OD 07331 GASTONAVE 217 1 0246101V 8/9/2008 2:10:00 58 07331 GASTONAVE 217 1 0246124V 8/9/2008 2:10:00 58 07331 GASTONAVE 217 1 0247211V 8/9/2008 2:56:00 58 07331 GASTONAVE 217 1

2007


0019967T 1/8/2007 0302 40 07331 GASTONAVE 213 1 0022028T 1/9/2007 1933 40 07331 GASTON 213 3 0045310T 1/20/2007 0328 09 07331 GASTON 213 1 0050239T 1/22/2007 0941 40 07331 GASTON 213 2 0100839T 2/12/2007 2312 09 07331 GASTON 213 3 0115112T 2/18/2007 2331 40 07331 GASTONAVE 213 3

Z078-256(RB)

9

0131265T 2/24/2007 0105 16 07331 GASTONAVE 213 1 0140134T 2/28/2007 1556 6X 07331 GASTON 213 2 0168517T 3/11/2007 0804 6X 07331 GASTON 213 2 0187968T 3/18/2007 0057 03 07331 GASTON 213 1 0188383T 3/18/2007 0451 40 07331 GASTON 213 1 0228710T 4/1/2007 1015 02 07331 GASTON 213 2 0263288T 4/14/2007 1600 40 07331 GASTONAVE 213 2 0317357T 5/3/2007 1254 02 07331 GASTON 213 2 0370211T 5/20/2007 6X 07331 GASTON 213 U 0445996T 6/16/2007 0252 40 07331 GASTON 213 1 0452180T 6/18/2007 1306 09 07331 GASTONAVE 213 2 0485178T 6/29/2007 30 07331 GASTON 213 U 0509335T 7/8/2007 0345 6X 07331 GASTON 213 1 0547520T 7/22/2007 40 07331 GASTON 213 U 0582857T 8/4/2007 0706 16 07331 GASTON 213 1 0634794T 8/25/2007 0429 58 07331 GASTONAVE 213 1 0634833T 8/25/2007 0430 58 07331 GASTON 213 1 0634936T 8/25/2007 0855 58 07331 GASTONAVE 213 2

2006


0049380R 1/19/2006 2245 32 07331 GASTON 213 3 0056994R 1/22/2006 2049 40 07331 GASTON 213 3 0142619R 2/26/2006 40 07331 GASTONAVE 213 U 0168198R 3/7/2006 1614 40 07331 GASTON 213 3 0197814R 3/17/2006 0123 40 07331 GASTON 213 1 0297132R 4/22/2006 0321 16 07331 GASTONAVE 213 1 0322519R 5/1/2006 0318 30 07331 GASTON 213 1 0363156R 5/15/2006 0614 40 07331 GASTON 213 1 0403923R 5/29/2006 0508 40 07331 GASTON 213 1 0421246R 6/4/2006 40 07331 GASTON 213 U 0421420R 6/4/2006 0540 09 07331 GASTON 213 1 0431023R 6/7/2006 1813 02 07331 GASTON 213 3 0477167R 6/24/2006 0317 40 07331 GASTON 213 1 0477131R 6/24/2006 1130 40 07331 GASTON 213 2 0477154R 6/24/2006 0243 6X 07331 GASTON 213 1 0478946R 6/24/2006 0056 16 07331 GASTONAVE 213 1 0476850R 6/24/2006 2118 6X 07331 GASTONAVE 213 3 0479890R 6/24/2006 0205 24 07331 GASTON 213 1 0482794R 6/25/2006 2351 6X 07331 GASTON 213 3 0482815R 6/25/2006 0007 6X 07331 GASTON 213 1 0483099R 6/26/2006 0315 09 07331 GASTON 213 1 0515630R 7/7/2006 1444 6X 07331 GASTON 213 2 0524942R 7/10/2006 2113 6X 07331 GASTON 213 3 0533554R 7/13/2006 40 07331 GASTON 213 U 0556164R 7/22/2006 0133 40 07331 GASTON 213 1 0556167R 7/22/2006 40 07331 GASTON 213 U 0571762R 7/28/2006 0107 24 07331 GASTON 213 1 0585347R 8/1/2006 2346 03 07331 GASTONAVE 213 3

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0632172R 8/19/2006 1702 09 07331 GASTON 213 3 0631771R 8/19/2006 1310 09 07331 GASTON 213 2 0634519R 8/20/2006 1032 02 07331 GASTON 213 2 0637066R 8/21/2006 1155 02 07331 GASTON 213 2 0654985R 8/28/2006 0833 02 07331 GASTON 213 2 0673493R 9/4/2006 0937 04 07331 GASTONAVE 213 2 0679128R 9/6/2006 2207 40 07331 GASTONAVE 213 3 0709239R 9/17/2006 1819 04 07331 GASTONAVE 213 3 0724131R 9/23/2006 1341 04 07331 GASTON 213 2 0723685R 9/23/2006 0740 40 07331 GASTON 213 1 0741999R 9/29/2006 0123 6X 07331 GASTON 213 1 0758228R 10/5/2006 14 07331 GASTONAVE 213 U 0872263R 11/18/2006 2321 03 07331 GASTONAVE 213 3 0874113R 11/19/2006 2020 40 07331 GASTON 213 3 0882318R 11/23/2006 0242 40 07331 GASTON 213 1 0901250R 11/30/2006 1911 02 07331 GASTON 213 3 0904149R 12/2/2006 1629 15 07331 GASTON 213 3 0904190R 12/2/2006 40 07331 GASTONAVE 213 U 0960200R 12/24/2006 0117 30 07331 GASTON 213 1 0960772R 12/24/2006 0956 02 07331 GASTONAVE 213 2 0878651R 11/21/2006 1539 02 07331 GASTON 213 2 0688332R 9/10/2006 0123 6X 07331 GASTON 213 1 0922850R 12/10/2006 0109 6X 07331 GASTON 213 1 0146823R 2/27/2006 1836 03 07331 GASTONAVE 213 3 0239229R 4/2/2006 0734 40 07331 GASTON 213 1 0709239R 9/17/2006 1819 04 07331 GASTONAVE 213 3 0500112R 7/2/2006 0200 40 07331 GASTON 213 1 0637790R 8/21/2006 1819 37 07331 GASTON 213 3 0478928R 6/24/2006 1904 6X 07331 GASTON 213 3 0522912R 7/10/2006 0155 16 07331 GASTON 213 1 0506182R 7/4/2006 0358 24 07331 GASTON 213 1 0478546R 6/24/2006 1854 6X 07331 GASTON 213 3 0774649R 10/12/2006 40 07331 GASTON 213 U 0478927R 6/24/2006 1853 6X 07331 GASTON 213 1 0145274R 2/27/2006 0510 12 07331 GASTON 213 1 0782820R 10/15/2006 0723 09 07331 GASTON 213 1 0688329R 9/10/2006 0121 6X 07331 GASTON 213 1 0798301R 10/21/2006 0803 09 07331 GASTON 213 2 0940314R 12/16/2006 2057 6X 07331 GASTONAVE 213 3 0181513R 3/12/2006 0359 6X 07331 GASTON 213 1 0568507R 7/26/2006 1949 02 07331 GASTON 213 3 0480299R 6/25/2006 0003 6X 07331 GASTON 213 1

2005


0005609P 1/2/2005 1703 09 07331 GASTONAVE 213 3 0040617P 1/15/2005 1847 03 07331 GASTONAVE 213 3 0040623P 1/15/2005 1848 03 07331 GASTONAVE 213 3 0069447P 1/26/2005 2205 41 07331 GASTONAVE 213 3

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0117920P 2/15/2005 0216 16 07331 GASTONAVE 213 1 0132294P 2/20/2005 1026 09 07331 GASTON 213 2 0166375P 3/4/2005 0803 07 07331 GASTON 213 2 0271441P 4/9/2005 1742 16 07331 GASTON 213 3 0378870P 5/15/2005 0051 03 07331 GASTONAVE 213 1 0479555P 6/17/2005 0928 03 07331 GASTONAVE 213 2 0504651P 6/25/2005 1856 09 07331 GASTON 213 3 0528516P 7/3/2005 1817 40 07331 GASTONAVE 213 3 0530158P 7/4/2005 0120 6X 07331 GASTON 213 1 0564560P 7/15/2005 1102 03 07331 GASTONAVE 213 3 0564567P 7/15/2005 1107 03 07331 GASTONAVE 213 3 0564588P 7/15/2005 1113 03 07331 GASTONAVE 213 3 0564590P 7/15/2005 1114 03 07331 GASTONAVE 213 3 0564595P 7/15/2005 1116 03 07331 GASTONAVE 213 3 0564624P 7/15/2005 1130 03 07331 GASTONAVE 213 3 0654111P 8/14/2005 1252 40 07331 GASTON 213 2 0676366P 8/22/2005 1114 40 07331 GASTONAVE 213 2 0695902P 8/29/2005 1050 09 07331 GASTON 213 2 0729085P 9/10/2005 0257 40 07331 GASTON 213 1 0731651P 9/10/2005 0022 6X 07331 GASTON 213 1 0010949P 1/4/2005 1231 40 07331 GASTON 213 2 0044349P 1/17/2005 1128 40 07331 GASTON 213 2 0100175P 2/8/2005 1018 40 07331 GASTONAVE 213 2 0109711P 2/12/2005 1004 40 07331 GASTON 213 2 0109755P 2/12/2005 1011 40 07331 GASTON 213 2 0168025P 3/5/2005 1618 09 07331 GASTON 213 3 0172122P 3/6/2005 0633 40 07331 GASTON 213 1 0190735P 3/13/2005 0712 16 07331 GASTON 213 1 0193168P 3/13/2005 2359 09 07331 GASTON 213 3 0246151P 4/1/2005 1219 40 07331 GASTON 213 2 0251453P 4/2/2005 0148 40 07331 GASTON 213 1 0269949P 4/9/2005 1040 40 07331 GASTON 213 2 0271625P 4/9/2005 1757 40 07331 GASTON 213 3 0275638P 4/10/2005 2012 40 07331 GASTON 213 3 0291453P 4/16/2005 1534 40 07331 GASTON 213 2 0294133P 4/16/2005 2251 40 07331 GASTON 213 3 0336153P 4/30/2005 2325 03 07331 GASTON 213 3 0339554P 5/2/2005 1717 40 07331 GASTON 213 3 0376060P 5/14/2005 1042 09 07331 GASTON 213 2 0376188P 5/14/2005 1303 09 07331 GASTON 213 2 0425197P 5/30/2005 0525 16 07331 GASTONAVE 213 1 0428886P 5/31/2005 1405 40 07331 GASTON 213 2 0482311P 6/18/2005 0702 40 07331 GASTON 213 1 0489529P 6/20/2005 1706 24 07331 GASTON 213 3 0503106P 6/25/2005 0755 40 07331 GASTON 213 1 0538223P 7/6/2005 1624 40 07331 GASTON 213 2 0576813P 7/19/2005 1108 40 07331 GASTON 213 2 0617189P 8/1/2005 1929 40 07331 GASTON 213 3 0656476P 8/15/2005 1055 40 07331 GASTON 213 2

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0667216P 8/19/2005 0955 40 07331 GASTON 213 2 0667472P 8/19/2005 1215 40 07331 GASTON 213 2 0751870P 9/18/2005 7X 07331 GASTONAVE 213 0763643P 9/22/2005 1321 40 07331 GASTON 213 2 0775242P 9/25/2005 0008 6X 07331 GASTON 213 1 0817409P 10/10/2005 2112 40 07331 GASTON 213 3 0852652P 10/23/2005 1805 40 07331 GASTON 213 3 0872069P 10/30/2005 1306 24 07331 GASTONAVE 213 2 0887611P 11/5/2005 0454 09 07331 GASTONAVE 213 1 0893661P 11/7/2005 0517 09 07330 GASTON 213 1 0915245P 11/14/2005 2326 40 07311 GASTON 213 3 0928750P 11/20/2005 0553 24 07331 GASTON 213 1 0938387P 11/24/2005 0508 40 07331 GASTON 213 1 0942688P 11/26/2005 0245 09 07331 GASTON 213 1 0942913P 11/26/2005 0252 6X 07331 GASTON 213 1 0944012P 11/26/2005 1535 40 07331 GASTON 213 2 0945457P 11/27/2005 0210 40 07331 GASTONAVE 213 1 0969387P 12/6/2005 2027 40 07331 GASTON 213 3 1006942P 12/22/2005 0254 6X 07331 GASTON 213 1 1006944P 12/22/2005 0350 6X 07331 GASTON 213 1 1008745P 12/22/2005 2113 09 07331 GASTONAVE 213 3 1029459P 12/30/2005 0527 40 07331 GASTON 213 1

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2008 (as of Aug 14,

2008) ARREST REPORT

SERVNUM DATE TIME CHARGE LOCATION BEAT 0027948V 2008-01-28

00:00:00.00

0215 PI 07331 GASTON

0037068V 2008-02-05 00:00:00.00

2020 PI 07331 GASTON 217

0037298V 2008-02-06 00:00:00.00

0215 UNLAW CARRY WEAPON 07331 GASTON 217

0037298V 2008-02-06 00:00:00.00

0215 POS/COCAINE/ 0.3GR 07331 GASTON 217

0037160V 2008-02-06 00:00:00.00

0000 PI 07331 GASTON 217

0037339V 2008-02-06 00:00:00.00

0100 PI 07331 GASTON 217

0037287V 2008-02-06 00:00:00.00

0245 PI 07331 GASTON 217

0047285V 2008-02-16 00:00:00.00

0319 PI 07331 GASTON 217

0047285V 2008-02-16 00:00:00.00

0319 PI 07331 GASTON 217

0069757V 2008-03-09 00:00:00.00

0025 ASSAULT 07331 GASTONAVE 217

0069757V 2008-03-09 00:00:00.00

0025 ASSAULT 07331 GASTONAVE 217

0093558V 2008-03-31 00:00:00.00

0200 CRIMINAL MISCH 07331 GASTONAVE 217

0115251V 2008-04-20 00:00:00.00

0240 PI 07331 GASTON 217

0160726V 2008-05-30 00:00:00.00

2345 ASSAULT 07331 GASTON 217

0160746V 2008-05-31 00:00:00.00

0100 PI 07331 GASTON 217

0162914V 2008-06-02 00:00:00.00

0100 DIS CONDUCT 07331 GASTONAVE 217

0162914V 2008-06-02 00:00:00.00


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14

0162914V 2008-06-02 00:00:00.00


0172043V 2008-06-10 00:00:00.00

0100 PI 07331 GASTON 217

0185420V 2008-06-22 00:00:00.00

0200 PI 07331 GASTON 217

0239944V 2008-08-03 00:00:00.00

0200 PI 07331 GASTON 217

0240926V 2008-08-04 00:00:00.00

0130 PI 07331 GASTON 217

2008 TOTAL 20 ARRESTS - 22 CHARGES

2007

SERVNUM DATE TIME CHARGE LOCATION BEAT 0125290T 2007-02-22

00:00:00.000

2240 PUBLIC INTOXICATION 07331 GASTON 217

0125290T 2007-02-22 00:00:00.000

2240 RES ARREST/SEARCH/TRANS 07331 GASTON 217

0131265T 2007-02-24 00:00:00.000

2315 DIS CONDUCT/FIGHT 07331 GASTONAVE 217

0131265T 2007-02-24 00:00:00.000

2315 ASSAULT/PUBLIC SERVANT 07331 GASTONAVE 217

0131265T 2007-02-24 00:00:00.000

2315 99KAUFMANSO/2 @ $504 07331 GASTONAVE 217

0325494T 2007-05-06 00:00:00.000

0040 PI 07331 GASTONAVE 217

0387957T 2007-05-27 00:00:00.000

0100 PI 07331 GASTON 217

0485178T 2007-06-29 00:00:00.000

2340 PI 07331 GASTON 217

0634794T 2007-08-25 00:00:00.000

0215 ASSAULT/PUBLIC SERVANT 07331 GASTON 217

0634794T 2007-08-25 00:00:00.000

0215 HARRASS OF PUBLIC SERVA 07331 GASTON 217

0642071T 2007-09-01 00:00:00.000

0130 PI 07331 GASTONAVE 217

0680637T 2007-10-06 00:00:00.00

2315 PUBLIC INTOXICATION 07331 GASTONAVE 217

0680637T 2007-10-06 2315 UCW 07331 GASTONAVE 217

Z078-256(RB)

15

00:00:00.00

0680637T 2007-10-06 00:00:00.00

2315 POS/COCAINE/1.6GRAM 07331 GASTONAVE 217

0758791T 2007-12-04 00:00:00.00

0345 BURGLARY/BUILDING 07331 GASTON 217

0787335T 2007-12-31 00:00:00.00

0030 PI 07331 GASTON 217


2006

SERVNUM DATE TIME CHARGE LOCATION BEAT 0037411R 2006-01-15

00:00:00.000

0235 PI 07331 GASTON 217

0055103R 2006-01-22 00:00:00.000

0040 PI 07331 GASTON 217

0055111R 2006-01-22 00:00:00.000

0035 PI 07331 GASTON 217

0184479R 2006-03-13 00:00:00.000

0023 PI 07331 GASTON 217

0403923R 2006-05-29 00:00:00.000


0443820R 2006-06-12 00:00:00.000

0045 ASSAULT FV 07331 GASTON 217

0477167R 2006-06-24 00:00:00.000

0228 PI 07331 GASTON 217

0515630R 2006-07-07 00:00:00.000

1400 PI 07331 GASTON 217

0515630R 2006-07-07 00:00:00.000

1400 PUBLIC INTOXICATION 07331 GASTON 217

0556057R 2006-07-22 00:00:00.000

0215 DIS CONDUCT-FIGHTING 07331 GASTON 217

0556057R 2006-07-22 00:00:00.000

0215 DIS CONDUCT-FIGHTING 07331 GASTON 217

0556057R 2006-07-22 00:00:00.000

0215 EVADING ARREST/DETENTIO 07331 GASTON 217

0571762R 2006-07-28 00:00:00.000

0005 THEFT 1500-2020K 07331 GASTON 217

0617913R 2006-08-14 00:00:00.0

0100 PI 07331 GASTON 217

Z078-256(RB)

16

00 0688329R 2006-09-10

00:00:00.000


0688332R 2006-09-10 00:00:00.000


0797937R 2006-10-21 00:00:00.000

0215 PI 07331 GASTON 217

0886860R 2006-11-24 00:00:00.000

0040 PI 07331 GASTON 217

0960187R 2006-12-24 00:00:00.00

0100 PI 07331 GASTON 217

0964254R 2006-12-26 00:00:00.00

0128 PI 07331 GASTON 217

0973984R 2006-12-30 00:00:00.00

0205 PI 07331 GASTON 217


2005

SERVNUM DATE TIME CHARGE LOCATION BEAT 0074583P 2005-01-28

00:00:00.000

2245 PI 07331 GASTON 213

0094532P 2005-02-06 00:00:00.000

0130 PI 07331 GASTON 213

0294749P 2005-04-17 00:00:00.000

0030 PI 07331 GASTON 213

0403633P 2005-05-23 00:00:00.000

0215 PI 07331 GASTON 213

0524571P 2005-07-02 00:00:00.000

1155 PI 07331 GASTON 213

0669891P 2005-08-20 00:00:00.000

0200 PI 07331 GASTON 213

0669891P 2005-08-20 00:00:00.000

0200 PI 07331 GASTON 213

0672630P 2005-08-20 00:00:00.000

2350 PI 07331 GASTON 213

0729334P 2005-09-10 00:00:00.000

0130 PI 07331 GASTON 213

0731651P 2005-09-10 00:00:00.000

2300 ASSAULT FV 07331 GASTON 213

Z078-256(RB)

17

0752167P 2005-09-18 00:00:00.000

0245 PI 07331 GASTON 213

0752124P 2005-09-18 00:00:00.000

0230 PI 07331 GASTON 213

0754677P 2005-09-19 00:00:00.000

0130 PI 07331 GASTON 213

0795872P 2005-10-03 00:00:00.000

0150 PI 07331 GASTON 213

0887422P 2005-11-05 00:00:00.000

0110 PI 07331 GASTON 213

0928440P 2005-11-20 00:00:00.000

0145 PI 07331 GASTON 213

0938373P 2005-11-24 00:00:00.000

0300 PI 07331 GASTON 213

0938354P 2005-11-24 00:00:00.000

0230 PI 07331 GASTON 213

0942913P 2005-11-26 00:00:00.000

0150 PI 07331 GASTON 213

0945475P 2005-11-27 00:00:00.000

0135 PI 07331 GASTON 213

1006944P 2005-12-22 00:00:00.000


1006944P 2005-12-22 00:00:00.000

0120 POS/COCA/0.2 G 07331 GASTON 213


Z078-256(RB)

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STAFF PROPOSED AMENDING CONDITIONS FOR SPECIFIC USE PERMIT NO. 1222

Staff met with the principals of the use regulated by SUP No. 1222. An agreed upon date was established in which certain information related to the operations and needs of the existing use were to be delivered to staff in order to finalize a land use proposal. At this time, the material was not submitted as agreed upon nor is it complete, therefore the final staff proposal is not finalized. Should the City Council consider the continuation of SUP No. 1222, staff would recommend the following provisions be considered in the amending ordinance permitting the use: 1. USE: The only use authorized by this specific use permit is a Commercial

amusement (inside) use for a dance hall. 2. SITE PLAN: Use of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit automatically terminates on (two years).

has no expiration date. 4. FLOOR AREA: Maximum floor area for a dance floor is 3,400 square feet. 5. HOURS OF OPERATION: The commercial amusement (inside) use for a dance

hall may only operate between 8:00 p.m. and 2:00 a.m., Friday through Sunday; (it should be noted the applicant has not provided specific holidays/hours in

which they would request to be open) 6. ON-SITE SECURITY: Peace officers must provided at a ratio of one for each

125 patrons, but not less than 12, to be stationed on the Property beginning one hour before and commencing one hour after hours of operation to monitor the outside parking area and the outside parking area utilized for special parking as shown on Exhibits __ and __ .

7. OUTDOOR LOUDSPEAKERS: Use of outdoor loudspeakers on the Property is

prohibited. 8. OFF-STREET PARKING: A minimum of 329 off-street parking spaces must be

provided, with a minimum of 159 spaces provided on the Property in the location as shown on the site plan. All required off-street parking not located on the Property must be provided in the locations as noted on the attached Exhibits _ and __. A minimum of 30 days notice must be provided to the building official for any off-site parking agreement that is amended or terminated. Any reduction

Z078-256(RB)

19

in off-site parking must be provided within thirty days after such notification to the city.

9 4. LANDSCAPING: Landscaping must be provided as shown on the attached site

plan. 10 5. INGRESS-EGRESS: Ingress and egress must be provided as shown on the

attached site plan. 11 6. MAINTENANCE: The entire premises must be properly maintained in a state of

good repair and neat appearance. 12 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.

Z078-256(RB)

20

EExxiissttiinngg CCoonnddiittiioonnss

Z078-256(RB)

21

Proposed amended site plan not available at the time of this public hearing

Z078-256(RB)

22

EExxiissttiinngg SSiittee PPllaann

Z078-256(RB)

23

Z078-256(RB)

24

RReettaaiill,, CCoommmmuunniittyy

sseerrvviiccee cceenntteerr

RRRR RROOWW

RReettaaiill,, MMuullttiiffaammiillyy

RReettaaiill

MMuullttiiffaammiillyy

RReettaaiill

Z078-256(RB)

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11

22

Z078-256(RB)

26

CPC RESPONSES

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Page 1 of 1 7/28/2008 Notification List of Property Owners Z078-256 9 Property Owners Notified Label # Address Owner 1 7331 GASTON GASTON CONCERT HALL DAL LOUIS H LEBOWITZ 2 7345 GASTON GASTON EAST LTD STE 500 3 7305 GASTON 7305 LTD o4 7340 GASTON ORDODO TRUST 5 7330 GASTON PECAN COMMONS LTD 6 7330 GASTON WEDDING MARC SUITE 400 7 7331 GASTON GASTON CONCERT HALL DALLAS LTD 8 7347 GASTON MANOS ANGELA & LIBBY S MANOS 9 99999 NO NAME DART

Monday, July 28, 2008

Z078-256(RB)

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Allen W. Rubin 2714 Turtle Creek Circle Dallas, TX 75219 ENZ078-256

Burk Lowe 6918 Redstart Ln Dallas, TX 75214

C.Sutter 9457 Waterview Rd Dallas, TX 75218

Charles & Cindy Estee 7051 Clayton Ave. Dallas, TX 75214

Joe & Donella Kast 7068 Clayton Ave Dallas, TX 75214


Tom & Lynn Chapman 2223 Loving Ave. Dallas, TX 75214

Z078-256(RB)

30

Casa Linda Estates NA Brad G Rogers 1306 El Patio Drive Dallas, TX 75218


EDCS Tony Egan 924 Wayne Dallas, TX 75223

Emerald Isle HOA Mary E Griggs 8817 Grenore Dallas, TX 75218

Gastonwood/Coronado HOA Sharron McCormick 6831 Casa Loma Ave Dallas, TX 75214

Hollywood Santa Monica NA Santos T. Martinez 1111 Cordova Dallas, TX 75223


Lakewood NA Tamie Cooper P O Box 140618 Dallas, TX 75214





Van Dyke Point, Inc Norma Minnis 9729 Van Dyke Dallas, TX 75218

White Rock NA Leslie Densmore 4027 Santa Barbara Dallas, TX 75214

ENZ078-256






MAPSCO: 45 D

SUBJECT

A public hearing to receive comments regarding an application for a Planned Development District for CR uses and attended donation center use on property zoned a CR Community Retail District on the southwest side of Haskell Avenue, between Lafayette Street and Delano PlaceRecommendation of Staff and CPC: Denial Z078-201(JH) Note: This item was considered by the City Council at public hearings on October 22 and November 10, 2008, and was held under advisement until January 14, 2009, with the public hearing open.


FILE NUMBER: 2078-201 (JH)


ACM: A. C. Gonzalez

DATE FILED: March 27, 2008

LOCATION: Southwest side of Haskell Avenue, between Lafayette Street andDelano Place

COUNCIL DISTRICT: 14

SIZE OF REQUEST: Approx. 0.57 acres

MAPSCO: 45-D

CENSUS TRACT: 16

REPRESENTATIVE:

APPLICANT:

OWNER:

REQUEST:

SUMMARY:

Jonathan Vinson, Jackson Walker

Goodwill Industries of Dallas, Inc.

Baylor Health Care System

An application for a Planned Development District for CRuses and attended donation center use on property zoned aCR Community Retail District.

The applicant proposes to construct an approximately 3,000square foot attended donation center.

CPC RECOMMENDATION: Denial

STAFF RECOMMENDATION: Denial

1

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• The request site is currently undeveloped.

• The request site is adjacent to single family residential, multifamily, and retail uses, and undeveloped land.

• The proposed use is an attended donation center. An attended donation center is similar to a warehouse, but the donated materials are brought by passenger vehicles instead of large trucks.

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



Haskell Avenue Collector / Couplet 50 ft. Land Use:

Zoning Land Use

Site CR Undeveloped

North PD 305 Single Family Residential

Northwest CR, PD 305 Undeveloped, Multifamily

East CR Undeveloped, Retail

South MF-2(A), CR Single Family Residential, Undeveloped, Retail

West MF-2 (A) Single Family Residential, Undeveloped

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STAFF ANALYSIS:

Comprehensive Plan: The request does not comply with the following land use goals and policies of the Comprehensive Plan because the proposed warehouse-type use is incompatible with the adjacent residential and retail uses. The CR Community Retail District would better serve the area with neighborhood services that allow for the residents to walk instead of drive. 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. HOUSING ELEMENT

GOAL 3.1 ENSURE A SUSTAINABLE AND EFFICIENT LONG-RANGE HOUSING SUPPLY Policy 3.1.3 Encourage stabilization of existing neighborhoods. 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. The attached development plan shows that the layout of the proposed development puts the building approximately 30 feet from the front property line and locates the loading area at the rear of the lot, adjacent to residential uses. Staff recommended that the layout be revised to have the building address the street similarly to most nearby existing buildings and to provide a greater setback and screening of the loading area from the residential uses. Those changes would have made the development more compatible with existing buildings and residential uses. Parking lots and structures ought to be designed and screened to eliminate visual intrusion or incompatibility with the adjacent residential neighborhoods.

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URBAN DESIGN

GOAL 5.1 PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY Policy 5.1.3 Encourage complementary building height, scale, design and character. NEIGHBORHOOD ELEMENT

GOAL 7.1 PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS Policy 7.1.2 Promote neighborhood-development compatibility. This area is considered an “Urban neighborhood” on vision illustration, which does not include warehouse-type uses. These urban neighborhoods will have concentrations of shops and offices along key corridors or at key intersections, providing important services and job opportunities within walking distance of residences. LAND USE ELEMENT

GOAL 1.2 PROMOTE DESIRED DEVELOPMENT

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

Land Use Compatibility: The approximately 0.57-acre request site is zoned a CR Community Retail District and is currently undeveloped. The applicant is proposing to construct an attended donation center use on the property, which is not allowed by the existing zoning. An attended donation center is a warehouse-like use where individuals drop off household materials for donation and those materials are sorted and loaded on a trailer truck. The proposed use does not include retail sales of the donated material, which is often included with household donations. The surrounding land uses are single family, multifamily, retail uses and undeveloped land. The attached development plan shows that the layout of the proposed development puts the building approximately 30 feet from the front property line and locates the loading area at the rear of the lot, adjacent to residential uses. Staff recommended that the layout be revised to have the building address the street similarly to most nearby existing buildings and to provide a greater setback and screening of the loading area from the residential uses. Those changes would have made the development more compatible with existing buildings and residential uses.

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The development plan shows a solid masonry screening wall on the rear property line. The applicant will also need to provide a 10 foot landscaping buffer according to Article X requirements. Staff is concerned that this screening is inadequate noise mitigation for two loading bays adjacent to residential uses. The development plan shows the driveways will have wrought iron driveway gates to prevent the drop off of materials when the facility is not open. Staff is concerned that only fencing the driveways is not enough. If the City Council is inclined to approve the request, staff recommends that the wrought iron fencing span the entire front property line to further reduce after hour drop offs. The canopy shown on the development plan provides a covered area for dropping off donation material. Staff is concerned that the driveway does not provide enough stacking or allow for passing through and stacking could back up on Haskell Avenue. If the City Council is inclined to approve the request, staff recommends that the development plan be revised to move the building as close to the street as possible to make the building more compatible with adjacent buildings, moving the loading area away from the residential uses, and provide stacking around the building to prevent stacking on the street. Staff does not support the applicant’s request based on 1) the incompatibility of the use with adjacent residential uses; 2) the poor urban design of the development plan that could be detrimental to the appearance and future development of the urban neighborhood; 3) and the above stated conflicts with the ForwardDallas! Comprehensive Plan.




Coverage Special


Proposed

PD

15’

Side: 20’ adjacent to residential

Other: No Min.

Rear: Min. 10’



Visual Intrusion

Retail & personal service, office, attended donation center

Existing

CR Community retail





Visual Intrusion Retail & personal service, office

Parking/Traffic:

An attended donation center is a used defined for this specific Planned Development District. The proposed requirement for parking is one space per 500 square feet of floor area, which is similar to a recycling buy-back center use. The attached development plan shows six off-street parking spaces are provided.


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CPC Minutes June 5, 2008

Motion I: It was moved to recommend denial of a Planned Development District for CR uses and attended donation center use on property zoned a CR Community Retail District on the southwest side of Haskell Avenue, between Lafayette Street and Delano Place.

Maker: Strater Second: Rodgers Result: Failed: 6 to 8

For: 6 - Prothro, Strater, Gary, Rodgers, Lozano,

Bagley Against: 8 - Davis, Jones-Dodd, Weiss, Lueder, Buehler,

Wolfish, Ekblad, Alcantar Absent: 1 - Emmons Vacancy: 0

Motion II: In considering an application for a Planned Development District for CR uses and attended donation center use on property zoned a CR Community Retail District on the southwest side of Haskell Avenue, between Lafayette Street and Delano Place, it was moved to hold this case under advisement until July 10, 2008.

Maker: Buehler Second: Jones-Dodd Result: Carried: 14 to 0

For: 14 - Prothro, Strater, Gary, Davis, Rodgers,

Lozano, Bagley, Jones-Dodd, Weiss, Lueder, Buehler, Wolfish, Ekblad, Alcantar

Against: 0 Absent: 1 - Emmons Vacancy: 0


Speakers: For: Jonathan Vinson, 6342 Vickery Blvd., Dallas, TX, 75214 Rodney Ginther, 3020 N. Westmoreland Rd., Dallas, TX,

75212 John Dickerson, Address not given Neal Sleeper, Address not given Against: John Bond, 2020 N. Haskell Ave., Dallas, TX, 75204 Grant Adams, 4117 Lafayette St., Dallas, TX, 75204

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Anthony Rosich, 2110 N. Haskell Ave., Dallas, TX, 75204 Roger Gaucin, 1920 Lucille St., Dallas, TX, Jeff Sinkler, 4109 Lafayette St., Dallas, TX, 75204 Matt Crockett, 2018 N. Haskell Ave., Dallas, TX, 75204 Tom Heilman, 4110 Lafayette St., Dallas, TX, 75204 James Hughes, 4107 Lafayette St., Dallas, TX, 75204

July 10, 2008

Motion: It was moved to recommend denial of a Planned Development District for CR uses and attended donation center use on property zoned a CR Community Retail District on the southwest side of Haskell Avenue, between Lafayette Street and Delano Place.

Maker: Emmons Second: Rodgers Result: Carried: 7 to 6

For: 7 - Strater, Gary, Rodgers, Lozano, Bagley,

Wolfish, Emmons Against: 6 - Davis, Weiss, Lueder, Buehler, Ekblad,

Alcantar Absent: 1 - Prothro Vacancy: 1 - District 8


Speakers: For: Jonathan Vinson, 901 Main St., Dallas, TX, 75202 Neal Sleeper, 3230 McKinney Ave., Dallas, TX Against: John Bond, 2020 N. Haskell Ave., Dallas, TX, 75204 Taylor Allday, 1901 N. Haskell Ave., Dallas, TX, 75204 Grant Adams, 4117 Lafayette St., Dallas, TX, 75204

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List of Partners/Principals/Officers Owner:

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List of Partners/Principals/Officers Applicant:

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Applicant Proposed PD Conditions

ARTICLE ___.

PD ___.

SEC. 51P-___.101. LEGISLATIVE HISTORY.

PD ___ was established by Ordinance No. _____, passed by the Dallas City Council on ____________, 2008.

SEC. 51P-___.102. PROPERTY LOCATION AND SIZE.

PD ___ is established on property located on the south side of North Haskell Avenue, between Lafayette Street and Munger Street. The size of PD ___ is approximately 0.57 acres.

SEC. 51P-___.103. DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this district, ATTENDED DONATION CENTER means a facility for the receipt, collection, and temporary storage of donated clothing, furniture, household items, and other goods that does not permit the sale of items on site.

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

(d) This district is considered to be a nonresidential zoning district.

SEC. 51P-___.104. EXHIBIT.

The following exhibit is incorporated into this article: Exhibit ___A: development plan.

SEC. 51P-___.105. DEVELOPMENT PLAN.

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

SEC. 51P-___.106. MAIN USES PERMITTED.

(a) Except as provided in this section, the only main uses permitted in this district are those main uses permitted in the CR Community Retail District, subject to the same conditions applicable in the CR Community Retail District, as set out in Chapter 51A. For example, a use permitted in the CR Community Retail District subject to development impact review (DIR) in the CR Community Retail District is subject to DIR in this district; etc.

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(b) The following additional main use is permitted by right:

-- Attended donation center. [Limited to a maximum of 3,000 square feet of floor area.]

SEC. 51P-___.107. ACCESSORY USES.

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

SEC. 51P-___.108. YARD, LOT, AND SPACE REGULATIONS.

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

(a) Except as provided in this section, the yard, lot and space regulations for the CR Community Retail District apply.

(b) Rear yard. Minimum rear yard is 10 feet.

SEC. 51P-___.109. OFF-STREET PARKING AND LOADING.

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

(b) For an attended donation center use, one space per 500 square feet of floor area is required.

SEC. 51P-___.110. ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI.

SEC. 51P-___.111. LANDSCAPING.

(a) Landscaping must be provided in accordance with Article X.

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

SEC. 51P-___.112. SIGNS.

Signs must comply with the provisions for business zoning districts in Article VII.

SEC. 51P-___.113. ADDITIONAL PROVISIONS.

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

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

(c) A minimum-six foot high solid masonry screen wall must be provided along the rear property line in the location shown on the development plan.

(d) Driveway gates must be provided in the locations shown on the development plan and must remain closed when the attended donation center is closed to the public.

SEC. 51P-___.114. COMPLIANCE WITH CONDITIONS.

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

(b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, in this district until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city.

SEC. 51P-___.115. ZONING MAP.

PD ___ is located on Zoning Map No. I-7.

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DEVELOPMENT PLAN

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CPC Responses

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Page 1 of 5 4/25/2008 Notification List of Property Owners Z078-201 136 Property Owners Notified Label # Address Owner 1 1919 HASKELL BAYLOR HEALTH CARE SYSTEM 2 1923 HASKELL BAYLOR HEALTH CARE SYSTEM 3 2001 HASKELL BAYLOR HEALTH CARE SYSTEM 4 2005 HASKELL BAYLOR HEALTH CARE SYSTEM 5 4010 BROWNSTONE HASKELL JOHNSTON HOA 6 4000 BROWNSTONE HASKELL JOHNSTON HOA X 7 1823 CADDO CAMPAGNA FAMILY TRUST # 1 8 1812 CADDO REED CONE J 9 1818 CADDO REED C J 10 1814 CADDO REED CONE J 11 3910 MUNGER MARFILENO ANTONIO 12 3914 MUNGER MUNGER AVENUE BAPTIST 13 4004 MUNGER MILLER G T ESTATE 14 4008 MUNGER GOMEZ CHERYL V 15 1810 CADDO DOMINGUEZ FERNANDO J & X 16 3909 ROSELAND CAMPAGNA FAMILY TRUST # 1 17 3915 ROSELAND MURILLO JOSE & CARMEN 18 4001 ROSELAND MDS FAMILY HOMES LTD 19 4005 ROSELAND ESPINOSA ROBERTO & 20 4009 ROSELAND TOMAINO PPTIES LP 21 1909 CADDO JDAL PROP INC 22 2014 CADDO SCALIA ANTHONY & 23 2004 CADDO MILLER DEBORAH W & 24 2000 CADDO RANSOM RENEE 25 1920 CADDO HERNANDEZ SALVADOR & 26 1906 CADDO CRAIG KEVIN R

Friday, April 25, 2008

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Label # Address Owner O 27 1902 CADDO HUMPHREYS JOE MURRAY 28 2013 LUCILLE BARNES JOYCE 29 2009 LUCILLE DOMINGUEZ ANTONIO & MARIA 30 2005 LUCILLE FAIR DAVID 31 2001 LUCILLE WATSON LILLIAN & 32 1921 LUCILLE MUNGER AVE BAPT CHURCH 33 1903 LUCILLE MUNGER AVE BAPTIST CHURCH 34 2014 LUCILLE MORRIS OTHA MAE LIV TRUST 35 2010 LUCILLE MUNGER AVE BAPTIST CHURCH 36 2004 LUCILLE MARISCAL BLAS & ROSA 37 2002 LUCILLE CLARK TRAVIS 38 2000 LUCILLE MUNGER AVE BAPTIST CHURCH 39 1918 LUCILLE MUNGER AVENUE BAPTIST CH X 40 1920 LUCILLE EAKINS GREG 41 1914 LUCILLE MUNGER AVE BAPTIST CHURCH 42 1910 LUCILLE MUNGER AVENUE 43 1908 LUCILLE BUCHANAN OZELLA 44 1904 LUCILLE MUNGER AVE BAPTIST CHURCH 45 1900 LUCILLE TERRELL BARBARA D 46 4007 MUNGER LANDRY AVIS X 47 1915 HASKELL WOODARD BRETT & PAMELA X 48 1911 HASKELL HASKELL HEIGHTS PARTNERS X 49 1907 HASKELL HASKELL HEIGHTS PARTNERS X 50 1901 HASKELL HASKELL HEIGHTS PARTNERS 51 2100 CADDO BARKER GREG X 52 1800 HASKELL CHOLOS LLC X 53 1812 HASKELL PITTS ADRIAN R X 54 1820 HASKELL PITTS ADRIAN R 55 4205 ROSELAND ALARCON RAFAEL & ROSA 56 4201 ROSELAND VILLALPANDO SYLVIA 57 4216 MUNGER LEAL RAUL S


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Label # Address Owner 58 4214 MUNGER CAMPOS VELIA 59 4210 MUNGER RIVIERA STAR S CORP 60 4206 MUNGER NUNCIO AUGUSTINE 61 4200 MUNGER ALVARADO FLORENCIO C & 62 1924 HASKELL DELUNA ROSA X 63 1922 HASKELL SCHWARTZ HYMIE TRUST & 64 4111 DELANO LUNA FRANCISCO XAVIER EST

OF 65 4115 DELANO MOLINA MARICELA 66 4203 DELANO DALLAS HOUSING AUTHORITY 67 4205 DELANO VELEZ PAUL H 68 4211 DELANO VELEZ PAUL H 69 4215 DELANO FORTNER NHU T & 70 4219 DELANO HERRERA LORENZO & RITA 71 4223 DELANO MARES JOSE G 72 1904 HASKELL MONTOYA REBECCA 73 1900 HASKELL MANICCHIA CHARLES P 74 4109 MUNGER OROZCO DORA PEREZ 75 4112 DELANO ZAVALA MARIA ELMA 76 4114 DELANO OROZCO ALBERTO P 77 4115 MUNGER OROZCO DORA PEREZ 78 4202 DELANO SALAZAR REYNALDO & MARIA 79 4117 MUNGER OROZCO ALBERTO P & 80 4206 DELANO JIMENEZ CHRISTOPHER 81 4207 MUNGER STONE LAMAR 82 4210 DELANO JASSO GUADALUPE & 83 4211 MUNGER NUNCIO AUGUSTINE 84 4217 MUNGER FAZ BASILIO TORRES & 85 4214 DELANO GONZALES NATIVIDAD P 86 4219 MUNGER ZAPATA JOSE & 87 4218 DELANO THACH TUAN NGOC 88 4222 DELANO SALES & LEASING


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Label # Address Owner X 89 2120 HASKELL BELLAMY JOHN H 90 2116 HASKELL SELLERS LOUISE W ET AL 91 4206 CABELL BELLAMY JOHN H 92 4003 BROWNSTONE CONN LYNN A 93 4005 BROWNSTONE CONN LYNN A X 94 4002 BROWNSTONE CONN LYNN A 95 4004 BROWNSTONE CONN LYNN A 96 4007 BROWNSTONE CONN LYNN A 97 4006 BROWNSTONE CONN LYNN A 98 4009 BROWNSTONE CONN LYNN A 99 4008 BROWNSTONE CONN LYNN A 100 1913 CADDO HOUSING AUTHORITY OF THE 101 1910 CADDO JACKSON ROBERT D X 102 2101 HASKELL CARLETON CITYPLACE X 103 4106 LAFAYETTE MCNUTT CLAY L 104 4108 LAFAYETTE WISSNER ROSS H X 105 4110 LAFAYETTE HEILMAN THOMAS P 106 4112 LAFAYETTE JERKE DENNIS & X 107 4114 LAFAYETTE ANDINO DANIEL R X 108 2016 HASKELL MONTEZ JOSEPH A 109 2026 HASKELL SMITH REGGIE X 110 2018 HASKELL FANNIE MAE X 111 2020 HASKELL BOND JOHN DAVID X 112 2028 HASKELL PINKERTON ANDREW X 113 2030 HASKELL BLACK BRYAN D 114 2112 HASKELL GODBY GRANT L X 115 2110 HASKELL ROSICH ANTHONY M X 116 4125 LAFAYETTE GIORDANO JONN X 117 4123 LAFAYETTE GONZALEZ RENE X 118 2108 HASKELL FLANAGAN THOMAS E 119 2106 HASKELL MORGAN AMBERLY


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Label # Address Owner X 120 2104 HASKELL BOAN JEFFREY L X 121 4121 LAFAYETTE POSTEL PHILIP X 122 4119 LAFAYETTE ISAAC CODY J X 123 4117 LAFAYETTE ADAMS GRANT ALEXANDER 124 2102 HASKELL CONNOLLY CORY J X 125 4115 LAFAYETTE KRETCHMER JEFFREY J 126 4105 LAFAYETTE GOLDAU KONRAD G & X 127 4107 LAFAYETTE STROHMAN SHAWN J & X 128 4109 LAFAYETTE SINKLER JEFF 129 4111 LAFAYETTE EGWUAGU SUSAN X 130 4113 LAFAYETTE DICK KARLA R X 131 4204 CABELL LING ALEXANDER G & 132 4202 CABELL M3 DEVELOPMENT LLC 133 4200 CABELL DEROZE MARK 134 4204 LAFAYETTE PARK GATES APT ASSOC LP 135 4203 LAFAYETTE PARK GATES APT ASSOC LP 136 4208 CABELL PARK GATES APT ASSOC LP


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Early Notification List Al Romero PO Box 870875 Mesquite, TX 75150






























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Alan Pierce 3912 Cedar Springs Dallas, TX 75219

Allen W. Rubin 2714 Turtle Creek Circle Dallas, TX 75219

Bryan K. Haywood City Hall, Rm. 2CN Dallas, TX 75201 ENZ078-201




J Peterson & S Graham 4203 Junius St. Dallas, TX 75246



Megan P Bryant 1010 Allen St. #214 Dallas, TX 75204




Bryan Place NA Christopher R Craig 1540 McCoy Street Dallas, TX 75204

Bryan Place NA Drake Frazier 3112 Trevolle Place Dallas, TX 75204

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Caddo Street TH HOA Julia Alderete 1429 Caddo St, Unit F Dallas, TX 75204



Crime Watch VIP Sandra Graham 4203 Junius St. Dallas, TX 75246


Fitzhugh/Capital NA Carl Smith 4517 Weldon St Dallas, TX 75204





Junius Heights Historic Dist Rene Schmidt, President 715 Parkmont Dallas, TX 75214





Munger Place Historic Dist Assoc President PO Box 140524 Dallas, TX 75214

Munger Place Historic Dist Assoc Joanna L Hampton 4924 Tremont St Dallas, TX 75214



Peak's Addition HA J.W. Brasher 4811 Swiss Ave Dallas, TX 75204

Peak & Bryan Merch Assoc Bill Dickerson 4223 Bryan Dallas, TX 75204




Trust For Public Land Paul M. Lehner 1717 Main St. Ste 3060 Dallas, TX 75201

Urban Pioneers Marian Gibson 4940 Worth Street Dallas, TX 75214

ENZ078-201






MAPSCO: 43 Y Z; 53 C D

SUBJECT

A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for multifamily and certain limited non-residential uses on property zoned an MF-1(A) Multifamily District on both sides of Bahama Drive, north of Plymouth RoadRecommendation of Staff and CPC: Approval, subject to a conceptual plan and conditionsZ078-151(JH) Note: This item was considered by the City Council at public hearings on October 22 and December 10, 2008, and was held under advisement until January 14, 2009, with the public hearing open.


FILE NUMBER: Z078-151 (JH)


ACM: A. C. Gonzalez

DATE FILED: January 16, 2008

LOCATION: Both sides of Bahama Drive, north of Plymouth Road

COUNCIL DISTRICT: 3

SIZE OF REQUEST: Approx. 27.8 acres

MAPSCO: 43-Y, -Z; 53-C, -D

CENSUS TRACT: 68.00

REPRESENTATIVE:

APPLICANT:

OWNER:

REQUEST:

SUMMARY:

Karl Crawley

River District Holdings, LLC

See attached list

An application for a Planned Development District formultifamily and certain limited non-residential uses onproperty zoned an MF-1(A) Multifamily District.

The applicant proposes to construct a multifamilydevelopment with maximum height ranging from 60 feet to180 feet, maximum density ranging from 50 to 85 units peracre, and required open space.

CPC RECOMMENDATION: Approval, subject to a conceptual plan andconditions.

STAFF RECOMMENDATION: Approval, subject to a conceptual plan and staffconditions

1

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• The request site is currently developed with multifamily uses.

• The request site is adjacent to single family, duplex, and multifamily residential, a mobile home park, and retail and personal service uses.

• The applicant proposes to develop the property with approximately 1,700 multifamily dwelling units. The request site is currently developed with approximately 400 multifamily dwelling units.

Zoning History:

1. Z067-207 On August 8, 2007, the City Council approved two new Subareas within Planned Development District No. 714 on property zoned Planned Development District No. 714 and an MF-2(A) Multifamily District.


Thoroughfares/Street Type ROW

Bahama Drive Community Collector 60 ft.

Plymouth Road Community Collector 56 ft. Land Use:

Zoning Land Use

Site MF-1(A) Multifamily

North MF-1(A) with SUP No. 660 on a portion,

PDD No. 714 Subdistrict 5 Multifamily, Townhouse, Convalescent and nursing home, Home improvement center, Mobile home park

East R-7.5(A) with SUP No. 235 on a portion Single family residential, Golf course

South R-7.5(A) and MF-2(A) Single family residential, Multifamily

West R-7.5(A) Single family residential

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STAFF ANALYSIS:

Comprehensive Plan: The request complies with the following land use goals and policies of the Comprehensive Plan because the proposed use promotes an urban environment while minimizing the impact on adjacent residential uses and protecting existing trees. By placing buildings adjacent to the street, with wide sidewalks, an area takes on the characteristics of an urban village rather than a suburban-style place. Building entrances and windows should be provided to offer “eyes on the street,” improving security and pedestrian access. Parking lots, garage doors, loading zones, and mechanical equipment should be placed away from streets. Combined with street trees, minimum six-foot wide sidewalks, and balconies and porches in the front yard setback, a more defined sense of place is created. ENVIRONMENT ELEMENT

GOAL 5.1 PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY

Policy 5.1.1 Promote pedestrian-friendly streetscapes. ECONOMIC ELEMENT GOAL 2.5 FOSTER A CITY OF GREAT NEIGHBORHOODS

Policy 2.5.2 Ensure that existing and future residential areas are

appropriately linked in order to enhance economic development and urban design benefits.

NEIGHBORHOOD ELEMENT GOAL 7.1 PROMOTE VIBRANT AND VIABLE NEIGHBORHOODS

Policy 7.1.2 Promote neighborhood-development compatibility. Policy 7.1.3 Encourage a sense of community and identity.

The proposed multifamily development retains the following element in the variety of housing stock available in this neighborhood. LAND USE ELEMENT GOAL 1.3 PROVIDE EQUITABLE OPPORTUNITIES FOR DALLAS

RESIDENTS

Policy 1.3.1 Create housing opportunities throughout Dallas.

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The request site is located near Ft. Worth Avenue, which is a commercial corridor. The PD conditions require wider sidewalks, which will encourage walking to nearby shopping and services. Subarea 2 allows for neighborhood-serving limited retail and office uses.

TRANSPORTATION ELEMENT GOAL 4.2 PROMOTE A VARIETY OFTRANSPORTATION OPTIONS

Policy 4.2.2 Promote a network of on-street and off street walking and

biking paths. URBAN DESIGN GOAL 5.1 PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY

Policy 5.1.1 Promote pedestrian-friendly streetscapes.

GOAL 5.3 ESTABLISHING WALK-TO CONVENIENCE

Policy 5.3.1 Encourage a balance of land uses within walking distance of each other.

ENVIRONMENT ELEMENT GOAL 6.3 IMPROVE ENERGY EFFICIENCY AND AIR QUALITY

Policy 6.3.3 Limit vehicle miles traveled.

Area Plans:

The request complies with the recommendation of the Southwest Dallas Comprehensive Land Use Study II, 1988, which states “transitions in scale and density should occur between the residential areas and commercial/industrial areas to facilitate the maintenance of stability.” The study also notes that “multifamily developments with higher density (than 20 to 30 units per acre) and/or more than three stories in height should be encouraged only in areas within or adjacent to medium and high density commercial growth corridors.” The proposed development meets these recommendations by transitioning uses and densities between the Ft. Worth Avenue corridor and the El Tivoli single family neighborhood.

The Ft. Worth Avenue corridor is developed with commercial and high density multifamily uses. The proposed development will allow for the transition of uses to the single family neighborhood while protecting the existing trees and flood plain that separate the El Tivoli neighborhood from the request site. Encouraging the protection of open space is also a recommendation of the study. Staff is recommending the highest density and height to be limited to Subarea 1 and lower density and height for the other subareas, in comparison to the applicant's

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request, to increase the compatibility of this development with the lower density single family residential uses.

Land Use Compatibility: The approximately 27.8-acre request site is zoned an MF-1(A) Multifamily District and is currently developed with multifamily uses. The applicant is proposing to construct approximately 1,700 dwelling units and limited certain non-residential uses on the property, which is not allowed by the existing zoning. The Dallas Development Code defines the purpose of a PDD as one that provides flexibility in the planning/construction of a development consisting of a combination of land uses that are sensitive to contiguous land use and environmental features. The proposed density and height is greater than the existing MF-1(A) Multifamily District. The adjacent properties are generally developed as one- and two-story residential uses; nearby residential uses range in height from one to 12 stories. Redevelopment of the Ft. Worth Avenue corridor has been occurring in the past several years, mostly retail in the nearby area. It is anticipated that some multifamily and commercial uses along Ft. Worth Avenue will redevelop. Redevelopment is also assisted and promoted by the TIF for this corridor and the West Commerce/Ft. Worth Avenue Planned Development District No. 714. A table on the next page shows the differences between the MF-1(A) regulations and the proposed Planned Development District conditions.

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MF-1(A) PROPOSED PD (CPC REC. CONDITIONS)

Minimum front yard setback of 15 feet.

No minimum front yard setback; perimeter setback as shown on plan.

Minimum side yard setback of 15 feet; minimum rear yard setback is 10 feet.

Minimum side yard setback of 5 feet; minimum rear yard setback is 10 feet; perimeter setback as shown on plan. No side yard for townhouses.

RPS (a 1:3 slope for infinity) is only required for portions of structures over 26 feet in height when adjacent to R, D, or TH districts.

Requires a 1:2 residential proximity slope (RPS) for portions of structures over 36 feet in height, infinite

Maximum height of 36 feet. Maximum height: Subarea 1: 180 feet, 12 stories Subarea 2: 85 feet, 7 stories Subarea 3: 60 feet, 5 stories

Maximum lot coverage of 60% for residential structures.

Maximum lot coverage: 80% for single family uses, multifamily and mixed uses; 60% per subarea.

Density based on number of bedrooms, generally allows between 24 and 43 dwelling units per acre.

Maximum density: Subarea 1: 80 Subarea 2: 75 Subarea 3: 55

No special (remote or shared) parking is permitted in residential districts.

Allows parking to be on a lot other than the main use with maximum walking distance of 600 feet.

Parkway trees allowed only by parkway license and permit obtained.

Requires parkway trees; grants parkway license; requires permit.

Minimum 4 foot sidewalk. Minimum 6 foot sidewalk.

No concealment required. Parking structures must be concealed. Staff is supportive of the request for the following reasons: the transitional state of the area; the pedestrian-friendly requirements such as wider sidewalks, balconies, porches, and parkway trees; and, the screening conditions and protection of existing trees reduce the visual impact of the development on the adjacent residential uses. The proposal meets many of the goals and policies of Forward Dallas! that encourage urban developments that are of compatible scale and character, and create a sense of place. Staff is recommending a decrease in the height and density for the western portion of the request site to increase the compatibility of the development with the adjacent single family residential uses. Staff also recommends that the modified Residential Proximity Slope continue infinitely for all subareas rather than the applicant’s request to terminate at 200 feet for subarea 1. CPC recommended approval of the applicant’s request subject to staff’s recommended conditions.

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Coverage Special


Proposed

PDD Subarea 1 Multiple Family

0’ & perimeter

5’/10’ & perimeter

80 dwelling units/acre

180’ 12

stories

Single family Multifamily

80%, subarea 60%

1:2 Proximity Slope over

45’



0’ & perimeter



180’ 12

stories


80%, subarea 60%

1:2 Proximity Slope over 36’ for 200’

Multifamily, duplex, single family; street-level retail, office, personal service


0’ & perimeter



80’ 6

stories


80%, subarea 60%

1:2 Proximity Slope over 36’ for 200’


Existing

MF-2(A) Multifamily

15’ 15’

Min lot 1,000 sq. ft. 800 sq ft – E

1,000 sq. ft – 1 BR 1,200 sq ft – 2 BR




Parking:

The PD conditions require two spaces for single family uses; one space per bedroom for multifamily uses, up to 1.5 spaces per unit; and allows for reduced parking of the a live/work unit. The remote parking provisions allow for parking to be within 600 feet of the building to allow for structured parking and guest parking to be provided more efficiently. Parking structures must have a concealed façade to blend with the residential uses.

Non-residential uses in Subarea 2 limits how much of the area between the building and the front property line can contain parking spaces. Surface parking is also limited to 125 percent of the required parking, promoting structured parking and preventing an overabundance of surface parking.

Traffic:

The expected number of trips generated by the proposed use is 12,390 trips per day according to the trip rate for the proposed development. A Traffic Impact Study is required for proposals that generate more than 1,000 trips per day unless a waiver is issued. A Traffic Impact Study was submitted and reviewed by the Engineering Section; however, the street system will have sufficient capacity. No street improvements beyond striping and additional stop signs were necessary from the impact of the proposed development.

Landscaping: The PD conditions require landscaping per Article X of the Dallas Development Code with a landscape plan to be approved by the City Plan Commission. In addition, the PD conditions grant a license and permit for trees in the parkway. Parkway trees are large trees with one tree required for every 30 feet of street frontage minus the area for visibility triangles for Plymouth Road and one tree for every 50 feet of Bahama Drive.

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A greenbelt area is designated on the conceptual plan. The PD conditions require that this area design a conservation area for the existing trees on the property. The greenbelt area ranges from 35 feet to 70 feet. Improvements in the greenbelt area are limited to sidewalks, benches, and trash cans. The greenbelt will preserve the existing tree canopy and maintain the current drainage for this area. Miscellaneous: A portion of the site is within the zoning floodplain overlay. The applicant will be required to address any issues with floodplain at the time of platting and/or permitting. The applicant has indicated that their desire to continue the planned Coombs Creek Trail along the Plymouth Road frontage of the request site with the possibility of a trailhead at the southern-most corner. The Coombs Creek Trail is listed on the Park and Recreation Department’s Trail Master Plan, connecting the Trinity River through North Oak Cliff, terminating around the Stevens Park Golf Course area. Only the portion of the Coombs Creek Trail closest to the Trinity River, between Beckley Avenue and Sylvan Road, is funded; funding and improvement for the remainder of the trail is not scheduled.

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CPC Minutes September 18, 2008

Motion: It was moved to recommend approval of a Planned Development District for multifamily and certain limited non-residential uses, subject to a revised site plan and staff’s revised conditions (including revised sign condition) on property zoned an MF-1(A) Multifamily District on both sides of Bahama Drive, north of Plymouth Road.

Maker: Gary Second: Rodgers Result: Carried: 13 to 0


Bagley, Weiss, Lueder, Buehler, Wolfish, Ekblad, Emmons, Alcantar

Against: 0 Absent: 1 - Strater Vacancy: 1 - District 8


Speakers: For: Karl Crawley, 900 Jackson St., Dallas, TX, 75201 Against: None

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List of Partners/Principals/Officers

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PD CONDITIONS Z078-151

CPC Recommended / Applicant Proposed

“ARTICLE .

PD .

SEC. 51P- .101. LEGISLATIVE HISTORY. PD 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 both sides of Bahama Drive, north of Plymouth Road. The size of PD is approximately 27.72 acres. SEC. 51P- .103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this district, (1) ARCADE SIGN means a sign that is mounted under a canopy or awning and is perpendicular to the building to which the canopy or awning is attached. This sign is intended to be read from the pedestrian walkway that the canopy or awning covers.

(2) AWNING SIGN means a sign attached to, painted on, or otherwise applied to an awning.

(3) GREENBELT means a linear park or open space that retains the

natural environment.

(4) INTEGRATED RENEWABLE ENERGY SOURCE means an accessory electrical power system for on-site generation and consumption that is attached to the roof or the main structure.

(5) INTERIOR SIDE YARD means a side yard that is not adjacent to a street.

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(6) LIVE/WORK UNIT means a residential use that combines and integrates the dwelling unit and work space floor area and that is used and occupied only by the dwelling unit resident. (7) MASSAGE ESTABLISHMENT means any building, room, place, or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician or chiropractor whether with or without the use of mechanical, therapeutic, or bathing devices, and includes Turkish bathhouses. This term does not include, however, duly licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operated only under such physician’s direction. MASSAGE means any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but does not include massage by duly licensed physicians and chiropractors, and registered physical therapists who treat only patients recommended by a licensed physician and who operate only under such physician’s direction, nor massage of the face practiced by beauty parlors or barbershops duly licensed under the penal code of the state.

(8) STOOP means a small porch leading to the entrance of a residential structure.

(9) TATTOO OR BODY PIERCING STUDIO means a business in which tattooing or body piercing is performed. TATTOOING means the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. BODY PIERCING means the piercing of body parts, other than ears, for purposes of allowing the insertion of jewelry.

(10) WIND TURBINE means a wind-driven turbine for generating

electricity. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) This district is considered to be a residential zoning district. SEC. 51P-_____.104. EXHIBIT. The following exhibit is incorporated into this article: Exhibit ___A: conceptual plan. SEC. 51P- .105. CONCEPTUAL PLAN.

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(a) Development and use of the Property must comply with the conceptual plan (Exhibit ___A). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls. (b) This district is divided into three subareas: Subareas 1, 2, and 3 as shown on the conceptual plan. 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 approved development plan and the conceptual plan, the development plan controls. If there is a conflict between the text of this article and the development plan, the text of this article controls.

SEC. 51P- .108. MAIN USES PERMITTED. (a) Except as provided in this section, the only main uses permitted in this district are those main uses permitted in the MF-2(A) Multifamily District, subject to the same conditions applicable in the MF-2(A) Multifamily District, as set out in Chapter 51A. For example, a use permitted in the MF-2(A) Multifamily District only by specific use permit (SUP) is permitted in this district only by SUP; a use subject to development impact review (DIR) in the MF-2(A) Multifamily District is subject to DIR in this district; etc. (b) The following additional uses are permitted by right: -- Live/work unit. -- Private recreation center, club, or area. (c) Street level non-residential uses. In Subarea 2, the following additional uses are permitted by right at street level in the locations shown on the conceptual plan when part of a vertical mix of uses: Each use is limited to a maximum floor area of 2,000 square feet, and the total maximum floor area for the following uses is 50,000 square feet. -- Dry cleaning or laundry store. -- General merchandise or food store 3,500 square feet or less. -- Live/work unit. -- Office.

-- Personal service uses. [Massage establishment and tattoo or body piercing studio are prohibited.]

-- Restaurant without drive-in or drive-through service. [Outdoor dining floor area may not exceed fifty percent of the indoor dining floor area.]

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SEC. 51P- .108. ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (b) The following additional accessory use is permitted: -- Wind turbine [Limited to Subareas 1 and 2.] (c) The following accessory uses are not permitted: -- Accessory outside sales. -- Accessory pathological waste incinerator. 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) Front yard. (1) Except as provided in this subsection, no front yard is required. Minimum front yard along the perimeter of the Property is 10 feet. (2) Building elements listed in Section 51P-____ 110 may project up to three feet into the front yard. (b) Side and rear yard. (1) Except as provided in this paragraph, minimum side yard is five feet and minimum rear yard is 10 feet. (2) In a shared access development, no minimum interior side yard is required. (3) Minimum side and rear yard along the perimeter of the Property is 10 feet. The greenbelt area shown on the conceptual plan may count toward the required setback. (c) Density. (1) In general. Maximum total number of dwelling units for the Property is 1,700.

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(2) Subarea 1. Maximum dwelling unit density is 80 units per acre. CPC Recommended: (3) Subarea 2. Maximum dwelling unit density is 75 units per acre. Applicant Proposed: (3) Subarea 2. Maximum dwelling unit density is 85 units per acre. (4) Subarea 3. Maximum dwelling unit density is 55 units per acre. (d) Height. (1) Except as provided in this subsection, maximum structure height is: CPC Recommended: (A) Subarea 1, 180 feet. (B) Subarea 2, 85 feet. (C) Subarea 3, 60 feet. Applicant Proposed: (A) Subarea 1, 180 feet. (B) Subarea 2, 180 feet. (C) Subarea 3, 75 feet. (2) The following structures may project a maximum of 12 feet above the maximum structure height: (A) Elevator penthouse or bulkhead. (B) Mechanical equipment room. (C) Cooling tower. (D) Tank designed to hold liquids. (E) Ornamental cupola or dome. (F) Skylights. (G) Clerestory. (H) Visual screens that surround roof mounted mechanical

equipment.

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(I) Chimney and vent stacks. (J) Amateur communications tower. (K) Parapet wall limited to four feet in height. (L) Accessory wind turbine. (M) Integrated renewable energy system.

(3) Roof-mounted mechanical equipment must be screened or set back so that they are not visible from the property line. Screening materials must match the main building facade materials. CPC Recommended: (4) Except as provided in this subsection, any portion of a structure over 36 feet in height may not be located above a residential proximity slope. The residential proximity slope is a measured at a one-to-two rise over run from the private property in a single family district and extends infinitely. Structures listed in Paragraph (2) may project through the residential proximity slope to a height not to exceed the maximum structure height or 12 feet above the residential proximity slope, whichever is less. Applicant Proposed: (4) Except as provided in this subsection, any portion of a structure over 45 feet in height may not be located above a residential proximity slope. The residential proximity slope is an angle measured as a one-to-two rise over run from private property in a single family district. (A) In Subareas 1, the residential proximity slope terminates at a horizontal distance of 200 feet from the private property in a single family district. (B) In Subareas 2 and 3, the residential proximity slope extends infinitely. (C) Structures listed in Paragraph (2) may project through the residential proximity slope to a height not to exceed the maximum structure height or 12 feet above the residential proximity slope, whichever is less. (e) Lot coverage. (1) If the total lot coverage of a subarea does not exceed 60 percent, the maximum lot coverage for a single family, multifamily, or street-level non-residential uses is 80 percent. (2) For a shared access development, the shared access area may be used to satisfy minimum lot area requirements or determine lot coverage.

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(3) For all other uses, maximum lot coverage is 60 percent. (4) Aboveground parking structures are included in the lot coverage calculations; surface parking lots and underground parking structures are not. (f) Lot size. Minimum lot size 1,000 square feet.

(g) Stories. Maximum number of stories above grade is:

(1) Subarea 1, 12. CPC Recommended: (2) Subarea 2, 7. (3) Subarea 3, 5. Applicant Proposed: (2) Subarea 2, 12. (3) Subarea 3, 6.

SEC. 51P- .110 BUILDING ELEMENTS. (a) Awnings. Street-level awnings must be a minimum of ten feet height above the sidewalk and must have a minimum depth of six feet. (b) Balconies. Balconies that face and are within 100 feet of the greenbelt may not project beyond the building facade. (c) Stoops. (1) Stoops may not exceed five feet in depth, excluding steps, and six feet in width. (2) Stoop may have a roof, but may not be wholly enclosed. Partial walls and railings may not exceed three-and-one-half feet in height. (d) Front porches. (1) Front porches must be a minimum of six-feet deep, excluding steps. (3) Front porches may have a roof, but may not be wholly enclosed. Partial walls and railings may not exceed three-and-one-half feet in height.

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SEC. 51P- .111. OFF-STREET PARKING, CIRCULATION, 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) Accessory community center (private) use. One off-street parking space per 500 square feet of floor area is required.

(c) Live/work unit use. The minimum off-street parking space requirement is determined by the non-residential component of the live/work unit. Consult the use regulations in Division 51A-4.200 for the specific off-street parking requirements. Off-street parking spaces are not required for the residential component of the live/work unit. (d) Single family uses. A minimum of two off-street parking spaces are required.

(e) Multifamily uses. A minimum of one off-street parking space per bedroom is required with a maximum of one-and-one-half off-street parking spaces required per dwelling unit. (f) Restaurant uses. The outdoor, uncovered dining area of a restaurant use is not counted toward the off-street parking requirements.

(e) Subarea 3. For multifamily uses, a minimum of one off-street parking space is required for each dwelling unit and must be located on the same building site. Additional required off-street parking spaces must be located within a parking structure that is a minimum walking distance of 600 feet from the parking structure to the nearest entrance to the multifamily use.

(f) Parking reduction. If a minimum of two of the following pedestrian

amenities are provided, the off-street parking requirements may be reduced by two percent:

(1) Galleries, arcades, or awnings that have a minimum length of 25

feet. (2) A mid-block pedestrian path that is a minimum of six feet wide and

extends from one street to another. CPC Recommended:

(3) A minimum of 85 percent of a building facade, excluding windows and doors, must be masonry materials including stone, cementitious simulated stone,

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brick, Portland cement stucco, and cementitious siding or a combination thereof; and no more than 15 percent of a building facade may have the following accent materials:

(A) pre-cast masonry (for trim and cornice elements only); (B) glass fiber, reinforced fiber concrete, and fiberglass

reinforced plastic (for trim elements only); (C) metal (for beams lintels, trim elements and ornamentation

only); (D) split-faced concrete masonry unit (only for piers and

foundation walls), glass block (no closer than 30 inches to building corners); and (E) fabric for awnings.

Applicant Proposed (3) A minimum of 85 percent of a building facade, excluding windows

and doors, must be masonry materials including stone, cementitious simulated stone, brick, Portland cement stucco, and cementitious siding or a combination thereof; and no more than 15 percent of a building facade may have the following accent materials:

(A) pre-cast masonry (for trim and cornice elements only); (B) glass fiber, reinforced fiber concrete, and fiberglass

reinforced plastic (for trim elements only); (C) metal (for beams lintels, trim elements and ornamentation

only); (D) split-faced concrete masonry unit (only for piers and

foundation walls), glass block (no closer than 30 inches to building corners); and (E) fabric for awnings. (4) One free standing or wall-mounted pedestrian lighting per 75 feet of

street frontage. (5) Electric transmission lines that are provided underground for the

length of the building site. (g) Parking structures. Parking structure must be located underground or have a facade that is similar in materials, architecture, and appearance to the main structure facade or the adjacent main structure facade, except that breaks in the exterior parking structure facade not exceeding 40 feet in width are permitted at driveway and entryway locations. Openings in a parking structure facade may not exceed 60 percent of the total parking structure facade area.

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(h) Surface parking. (1) For non-residential uses, surface parking is permitted within the required front yard but is limited to a maximum depth of 50 feet from the Property line or the depth for one parking row and one driveway aisle, whichever is less. (2) For all uses, surface parking spaces may not exceed 125 percent of all required off-street parking on a building site. (i) Screening. Surface parking lot screening must be provided between the abutting street and the surface parking lot in accordance with one of the following requirements: CPC Recommended: (1) Fencing and screening walls must be brick, stone, concrete masonry, stucco, or concrete, and must be a minimum of 30 inches in height. Screening walls may not have more than ten square inches of open area for each square foot of surface area. Applicant Proposed: (1) Fencing and screening walls must be brick, stone, concrete masonry, stucco, or concrete, and must be a minimum of 30 inches in height. Screening walls may not have more than ten square inches of open area for each square foot of surface area. (2) A planting strip that is a minimum of five feet in width and extends the entire length of the parking lot must have landscaping materials that form a continuous evergreen hedge of not less than 30 inches in height within two years. (j) Garage doors. If any part of a residential use is within 100 feet of Bahama Street or Plymouth Drive, the garage door may not face the street. SEC. 51P- .112. ENVIRONMENTAL PERFORMANCE STANDARDS. (a) In general. Except as provided in this section, see Article VI for environmental performance standards. (b) Outdoor lighting. Outdoor light sources and fixtures must comply with the following requirements: (1) Sources. (A) Only incandescent, fluorescent, metal halide, LED, or color corrected high-pressure sodium may be used. (B) Light sources must be indirect, diffused, and covered by fixtures that prevent spillover light onto abutting lots.

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(C) Light sources may not be visible from the abutting right-of-way or abutting properties. (2) Fixtures. (A) Except as provided in this paragraph, Section 51A-4.301(e) applies to off-street parking. Fixtures in off-street parking areas may not exceed 30 feet in height. (B) Along sidewalks in pedestrian areas, fixtures must be a minimum of nine feet in height and a maximum of 15 feet in height. (C) Light fixtures attached to buildings may not project light above the roof line and must be shielded. (D) All nonresidential or multifamily use building entrances must be lighted beginning at dusk and continuing until dawn. SEC. 51P- .113. LANDSCAPING. (a) In general. (1) Except as provided in this section, landscaping must be provided in accordance with Article X. (2) A shared access area in a shared access development is considered street frontage for the purpose of creating an artificial lot. (3) Article X design standards may be provided in the parkway. (4) Large trees must be planted a minimum of 10 feet from a building façade. (b) Greenbelt area. (1) Purpose. Greenbelt requirements are intended to provide relief from a dense urban environment, assist with pedestrian movement, conserve existing mature tree canopies and landscaping, and protect existing natural drainage ways and creeks. (2) Requirements. (A) Greenbelt area must be provided in the location shown on the conceptual plan.

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(B) Except as provided in this subsection, greenbelt area must be open to the sky. (C) Improvements in the greenbelt area are limited to fencing, paved walkways, trails, benches, and trash receptacles and must be approved by the director of development services and the director of public works if the improvements will not impede the 100-year frequency flood discharge. (D) Tree preservation, removal, and replacement regulations in Section 51A-10.130 apply to the greenbelt area. (c) Parkway trees. (1) Location. Parkway trees are large trees that must: (A) be planted in an area parallel to and between two-and-one half and 15 feet from the back of the projected curbs; and (B) have at least 36 square feet of planting area. (2) Number and type of parkway trees. (A) Number. The number of parkway trees is determined by the street adjacency. Fractions are rounded to the nearest whole number with .5 being rounded up to the next higher whole number. (i) Bahama Street. One parkway tree must be provided for each 50 feet of street frontage. (ii) Plymouth Drive. One parkway tree must be provided for each 30 feet of street frontage. (B) Type. Parkway trees must be recommended for local area use by the building official. (3) Size. Parkway trees must have a minimum caliper of at least of three-and-one-half inches measured at a point 12 inches above the root ball and must have a minimum height of 14 feet at the time of installation. (4) Spacing. Parkway trees must be spaced as uniformly as practicable. The trunk of a parkway tree must be within 50 feet of the trunk of another required tree. (5) Credit. Parkway trees may be counted toward meeting the street tree requirements in Article X. (d) Sidewalk.

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(1) A minimum six-foot wide sidewalk with a minimum of four feet unobstructed must be provided along Bahama Street and Plymouth Drive. (2) The sidewalk must be located in an area parallel to and within two-and-one-half feet to fifteen feet of the back of the projected street curb. (3) Tree gates may not be counted towards the minimum unobstructed sidewalk width. (4) If the sidewalk is located in the front yard, the property owner must dedicate a sidewalk easement to the city to assure its availability to the public as a permanent pedestrian way. All sidewalk locations must be approved by the Director of Public Works and Transportation. SEC.51P-___.114. PRIVATE LICENSE.

(a) Private license granted. (1) The city council hereby grants a revocable, non-exclusive license to the owners or tenants (with the written consent of the owner) of all property in this district for the exclusive purpose of authorizing compliance with the parkway landscaping requirements of this article. An owner or tenant is not required to pay an initial or annual fee for this license, although a fee may be charged for issuance of a parkway landscape permit. This private license will not terminate at the end of any specific period, however, the city council reserves the right to terminate this license at will, by resolution passed by the city council, any time such termination becomes necessary. The determination by the city council of the need for termination is final and binding. The city shall become entitled to possession of the licensed area without giving any notice and without the necessity of legal proceedings to obtain possession when, in its judgment, the purpose or use of the license is inconsistent with the public use of the right-of-way or when the purpose or use of the license is likely to become a nuisance or a threat to public safety. Upon termination of the license by the city council, each owner or tenant shall remove all improvements and installations in the public rights-of-way to the satisfaction of the director of public works and transportation. (2) An owner or tenant is not required to comply with any landscaping requirement to the extent that compliance is made impossible due to the city council's revocation of the private license granted by this subsection. (3) Upon the installation of landscaping and related amenities, such as irrigation systems, in the public rights-of-way, the owner or tenant shall procure, pay for, and keep in full force and effect commercial general liability insurance coverage with an insurance company authorized to do business in the State of Texas and otherwise acceptable to the city, covering, but not limited to, the liability assumed under the private license granted under this subsection, with combined single limits of liability for bodily

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injury and property damage of not less than $1,000,000 for each occurrence, and $2,000,000 annual aggregate. Coverage under this liability policy must be on an occurrence basis and the city shall be named as additional insured. Proof of such insurance must be sent to: Office of Risk Management, City of Dallas, 1500 Marilla, Dallas, Texas 75201, and the policy must provide for 30 days prior written notice to the Office of Risk Management of cancellation, expiration, non-renewal, or material change in coverage. All subrogation rights for loss or damage against the city are hereby waived to the extent that they are covered by this liability insurance policy. (4) Each owner or tenant is responsible for maintaining the landscaping in a healthy, growing condition, for keeping related amenities in good repair and condition, and for keeping the premises safe and from deteriorating in value or condition, at no expense to the city. The city is absolutely exempt from any requirements to make repairs or to maintain the landscaping, related amenities, or the premises. The granting of a license for landscaping and related amenities under this subsection does not release the owner or tenant from liability for the installation or maintenance of trees, landscaping, and related amenities in the public right-of-way. (b) Parkway landscape permit. (1) It is the responsibility of the property owner to apply for and obtain a parkway landscape permit before locating trees, landscaping, or related amenities in the parkway. An application for a parkway landscape permit must be made to the director. The application must be in writing on a form approved by the director and accompanied by plans or drawings showing the area of the parkway affected and the planting or other amenities proposed. (2) Upon receipt of the application and any required fees, the director shall circulate it to all affected city departments and utilities for review and comment. If, after receiving comments from affected city departments and utilities, the director determines that the construction, planting, or other amenities proposed will not be inconsistent with and will not unreasonably impair the public use of the right-of-way, the director shall issue a parkway landscape permit to the property owner; otherwise, the director shall deny the permit. (3) A property owner is not required to comply with any parkway landscaping requirement of this article if compliance is made impossible due to the director's denial of a parkway landscape permit. (4) A parkway landscape permit issued by the director is subject to immediate revocation upon written notice if at any time the director determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. The property owner is not required to comply with any parkway landscaping requirement of this section if compliance is made impossible due to the director's revocation of a parkway landscape permit.

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(5) The issuance of a parkway landscape permit under this subsection does not excuse the property owner, his agents, or employees from liability for the installation or maintenance of trees or other amenities in the public right-of-way. SEC. 51P- .115. SIGNS. (a) In general. (1) Except as provided, signs must comply with the provisions for non-business zoning districts in Article VII. (2) For purposes of the sign regulations, the Property is considered one premise. (b) Detached signs. (1) Detached signs are limited to monument signs. (2) The maximum effective area of a monument sign is 100 square feet per face. (3) The minimum setback of a monument sign is five feet and must comply with any visibility triangle regulations. (4) Except as provided, the maximum height of a monument sign is four feet. (5) One monument sign may be between four feet and eight feet in Subarea 1 and Subarea 2. The monument sign should be located nearest to the intersection of Bahama Drive and North Plymouth Drive. (6) Monument signs located on either Bahama Drive or North Plymouth Drive can only be located within 25 feet of the ingress and egress points shown on the attached conceptual plan. (7) Monument signs located on private drives or public right of way other than Bahama Drive and North Plymouth Drive must comply with Article VII. (c) Attached signs. Attached signs must comply with Article VII, except as provided in this subsection. (1) Arcade signs. Arcade signs may not exceed ten square feet in area. The minimum linear distance between any two arcade signs is 15 feet. Arcade signs may not be lower than 10 feet above the sidewalk. Arcade signs may not project above the arcade, gallery, or awning to which they are attached. Arcade signs may only identify the premise or occupant and address.

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(2) Awning signs. The maximum size of each awning sign is 20 square feet. The maximum combined effective area permitted for all awning signs on a building façade is 200 square feet. No signs are permitted on awning above the second story. SEC. 51P- .116. ADDITIONAL PROVISIONS. (a) The Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city.

(c) The occupant of a live/work unit may: (1) Not employ more than one person on the premises for more than

forty hours in any given weeks. (2) only have customers on the premises between 7 a.m. and 9 p.m.; (3) only have material deliveries and pick-ups twice a week or less; (4) only conduct work inside the unit; (5) not have outdoor displays; (6) not generate loud and raucous noise that renders enjoyment of life

or property uncomfortable or interferes with public peace and comfort; and (7) sell and advertise work products on the premises.

SEC. 51P- .117. COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, in this district until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. 51P- .118. ZONING MAP. PD _____ is located on Zoning Map No.”

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CONCEPTUAL PLAN

North

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Retail / Home improvement

center

Multifamily/ Townhouse

Multifamily Golf

Course

Single Family Single Family

Multifamily

School

Mobile Home Park

Multifamily

Nursing home

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1

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CPC Responses

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Page 1 of 13 8/11/2008 Notification List of Property Owners Z078-151 390 Property Owners Notified Label # Address Owner 1 2468 BAHAMA OAKWOOD DALLAS INV LP % J HESTER PROP INC-

MANG 2 2403 BAHAMA WAKHHII LTD SUITE 104 3 811 PLYMOUTH WAK HH PARTNERS STE 104 4 2450 BAHAMA WAK BG PARTNERS SUITE 104 O 5 2505 WEDGLEA COOPER DON RAY O 6 2505 WEDGLEA HLAING CHARLES S & MONICA O 7 2505 WEDGLEA RAMOS YVONNE M UNIT 229 O 8 2505 WEDGLEA RODRIQUEZ JOSE O 9 2505 WEDGLEA HLAING CHARLES & MONICA O 10 2505 WEDGLEA EFURD DEBORAH J O 11 2505 WEDGLEA THOMAS YASMIN G APT 201 O 12 2505 WEDGLEA CUHNA VILMAR S O 13 2505 WEDGLEA SNEAD KITTY ALICE O 14 2505 WEDGLEA TEJEDA LIZZETTE O 15 2505 WEDGLEA WINTERS MAURICE L O 16 2505 WEDGLEA WAGNER BETTY LOU O 17 2505 WEDGLEA SIMMONS BARBARA K UNIT 108-B O 18 2505 WEDGLEA WARTENBACH GORDON R O 19 2505 WEDGLEA MENDIETTA BARTOLO O 20 2505 WEDGLEA WILLIAMS FRANCES A O 21 2505 WEDGLEA COOLEDGE CHARLES UNIT 112 O 22 2505 WEDGLEA EVES D W O 23 2505 WEDGLEA WONGARAMVILAI WANCHAI O 24 2505 WEDGLEA HUIE CHERRY & ELAINE TAN O 25 2505 WEDGLEA MUNIZ PAUL A & CLAUDIA B O 26 2505 WEDGLEA BEGLEY LINDA L BLDG B UNIT 211

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Label # Address Owner O 27 2505 WEDGLEA BINZER JASON O 28 2505 WEDGLEA HLAING MONICA O 29 2505 WEDGLEA VEGA IRENE O 30 2505 WEDGLEA CHANDLER JAREN #139 O 31 2505 WEDGLEA PERRY SHIRLEE ANN O 32 2505 WEDGLEA CRONA MEGHAN UNIT 141 O 33 2505 WEDGLEA HLAING CHARLES S O 34 2505 WEDGLEA BOWN ROBERT H SUITE 100 O 35 2505 WEDGLEA HLAING CHARLES SEIN & MONICA O 36 2505 WEDGLEA HAMM ROBERT V O 37 2505 WEDGLEA BROWN TOM LOWRY O 38 2505 WEDGLEA ALDACO FRANK M UNIT 242 O 39 2505 WEDGLEA ECKELS PAT O LIFE EST O 40 2505 WEDGLEA LOPEZ RUTH G BLDG D UNIT 132 O 41 2505 WEDGLEA HLAING CHARLES S & MONICA HLAING O 42 2505 WEDGLEA STANTON STEPHEN F & STACY A O 43 2505 WEDGLEA CABEZA ADRIANA F UNIT 135 O 44 2505 WEDGLEA JOY LOQUITA O 45 2505 WEDGLEA HLAING CHARLES S & MONICA O 46 2505 WEDGLEA CHRISTOFORAKIS REBECCA O 47 2505 WEDGLEA BOCKMAN THOMAS MICHAEL O 48 2505 WEDGLEA SHOCKLEY JASON D APT 235 O 49 2505 WEDGLEA KLEIN KAREN FIDELIS O 50 2505 WEDGLEA MORRELL JAYNE E O 51 2505 WEDGLEA WESSON SARA BLDG E UNIT 126 O 52 2505 WEDGLEA CASTILLO JOANN E O 53 2505 WEDGLEA GOOD GEORGE L O 54 2505 WEDGLEA LITTLE SYDNEY G UNIT 129 O 55 2505 WEDGLEA ROBERTS WANDA O 56 2505 WEDGLEA JAMES ROBERT C JR & O 57 2505 WEDGLEA GIBBONS KENNETH R TR & MARGARET E

GIBBONS TR

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Label # Address Owner O 58 2505 WEDGLEA SAFFARINI RWAN I & UNIT 227 O 59 2505 WEDGLEA GONZALEZ THERESA B BLDG E UNIT 228 O 60 2505 WEDGLEA RAMOS YVONNE M O 61 2505 WEDGLEA MARTIN MARY E BLDG F UNIT 119 O 62 2505 WEDGLEA EGGER HAROLD N UNIT 120 O 63 2505 WEDGLEA HUBBARD BOBBY G & NORMA M O 64 2505 WEDGLEA GRILLO VINCENT J & O 65 2505 WEDGLEA VAUGHN FAMILY LIVING TR BRUCE L & MICKEY

VAUGHN O 66 2505 WEDGLEA HAMM CHRISTINE UNIT 124 O 67 2505 WEDGLEA GRILLO VINCENT J & SANTA O 68 2505 WEDGLEA HARTER OLIVER G O 69 2505 WEDGLEA KING JUDITH O 70 2505 WEDGLEA BARRY JOHN FOSTER O 71 2505 WEDGLEA PASS JAMES R O 72 2505 WEDGLEA ANDERSON DECARLA O 73 2505 WEDGLEA KAVANAUGH SAKIKO T O 74 2505 WEDGLEA RIDDLE WANDA M O 75 2505 WEDGLEA TEMPLETON JAMES T & SHIRLEY A O 76 2505 WEDGLEA STARKEY SUSAN M O 77 2505 WEDGLEA EVES ROBERT O 78 2505 WEDGLEA WERNER CORKY R O 79 2505 WEDGLEA MONTGOMERY E STEVE & SHARON R O 80 2505 WEDGLEA WARREN L C UNIT 216 O 81 2505 WEDGLEA BERNAL IGNACIO O 82 2505 WEDGLEA MUELLER PROP LTD O 83 2506 WEDGLEA HLAING CHARLES SEIN & MONICA O 84 2506 WEDGLEA HEDRICK RICHARD BLDG A UNIT 102 O 85 2506 WEDGLEA HLAING CHARLES & MONICA O 86 2506 WEDGLEA ALLEN CHARLOTTE A O 87 2506 WEDGLEA STANLEY MARGARET O 88 2506 WEDGLEA HLAING CHARLES S & MONICA

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Label # Address Owner O 89 2506 WEDGLEA DEARREDONDO ELIZABETH J O 90 2506 WEDGLEA SHARP CATHARINE M & HENRY STEPHEN SHARP O 91 2506 WEDGLEA WATSON WILLIAM F BLDG H UNIT 804 O 92 2506 WEDGLEA BERNARD TODD BLDG H UNIT 805 93 2506 WEDGLEA KIRKPATRICK ANNIE J O 94 2506 WEDGLEA SKOBEL ROBERT O 95 2506 WEDGLEA DUKE DANIEL N O 96 2506 WEDGLEA ROBERTS GARY WAYNE BLDG J UNIT 902 O 97 2506 WEDGLEA WALKER MELANIE L BLDG J UNIT 903 O 98 2506 WEDGLEA NUNEZ ROSA & BLAS ALFARO BLDG J UNIT 904 O 99 2506 WEDGLEA MANNING PAMELA A BLDG J UNIT 905 O 100 2506 WEDGLEA HUDGEONS JOHN & HEATHER UNIT 907 O 101 2506 WEDGLEA PATTON DANNY BLDG J UNIT 908 O 102 2506 WEDGLEA MORGAN CHARMAYE UNIT 907 O 103 2506 WEDGLEA DURHAM RON UNIT 910 104 2535 WEDGLEA MITCHELL DAVID & PAULA 105 2535 WEDGLEA MARLOWE SAMUEL C BLDG A UNIT 102 106 2535 WEDGLEA DOUGLAS AMELIA E 107 2535 WEDGLEA WILLIAMS JO OLLIE BLDG A UNIT 104 108 2535 WEDGLEA CRAWFORD BETTY SUE 109 2535 WEDGLEA HOPPING KRISTIN J 110 2535 WEDGLEA DAVIS BRYAN W 111 2535 WEDGLEA GLENN MANAGEMENT CO 112 2535 WEDGLEA HILBURN STEVEN T B 106 113 2535 WEDGLEA SPRINGER RUSSELL C & JOLENE M 114 2535 WEDGLEA HLAING CHARLES S & MONICA 115 2535 WEDGLEA BURDINE COMPANIES THE 116 2535 WEDGLEA WALKER GARY E STE 120 117 2535 WEDGLEA HEWITT KATHLEEN A 118 2535 WEDGLEA MANTYLA BRUCE ALLARD & GUADALUPE ALBA

REGALADO 119 2535 WEDGLEA CARNAHAN REVOCABLE TR


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Label # Address Owner 120 2535 WEDGLEA VALDERAS ANTHONY & BERTAH LOU 121 2535 WEDGLEA HERRING MIKE & BEVERLY 122 2535 WEDGLEA BRACY CAROL L %CAROL FREEMAN 123 2535 WEDGLEA HICKMAN ROBERT C 124 2535 WEDGLEA LUCAS GEORGE L #115 125 2535 WEDGLEA YOUNG ROBERT K UNIT 211 126 2535 WEDGLEA LACROIX CARLA ELAINE 127 2535 WEDGLEA KAVAN DOUGLAS L 128 2535 WEDGLEA DYER BARBARA L UNIT 215 BLDG C 129 2535 WEDGLEA BOWERS JUDI 130 2535 WEDGLEA HOLLOWAY LARRY M # 117 131 2535 WEDGLEA LAMBERT STEVE A UNIT 118 132 2535 WEDGLEA GRAVSETH ANN 133 2535 WEDGLEA PARKER MILDRED A UNIT 120 134 2535 WEDGLEA WEBB ROBIN J 135 2535 WEDGLEA MCKAY MICHAEL 136 2535 WEDGLEA WILLIAMS AMY M BLDG D UNIT 220 137 2535 WEDGLEA THOMPSON RACHEL BLDG E UNIT 121 138 2535 WEDGLEA BERG CAMERON BLDG E UNIT 122 139 2535 WEDGLEA SANCHEZ MELODY G 140 2535 WEDGLEA TREDWAY JENNIFER L 141 2535 WEDGLEA WATSON ELAINE BLDG E #125 142 2535 WEDGLEA KALFELL CASSIE BLDG E UNIT 221 143 2535 WEDGLEA RAMOS ARMANDO 144 2535 WEDGLEA KALLHOFF JUSTIN B BLDG E UNIT 224 145 2535 WEDGLEA WATTS EVA ESTATE OF % HAROLD CLARK 146 2535 WEDGLEA COKER JOSEPH DANIEL III BLDG F UNIT 126 147 2535 WEDGLEA HOYLE DELILAH L 148 2535 WEDGLEA BOHMAN AMELIA T 149 2535 WEDGLEA SMITH KENNETH WAYNE 150 2535 WEDGLEA HLAING CHARLES & MONICA


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Label # Address Owner 151 2535 WEDGLEA GREEN JAMES D 152 2535 WEDGLEA KIRKPATRICK ANNIE J 153 2535 WEDGLEA GLIDEWELL CAROLYN J 154 2535 WEDGLEA DILLARD AUDREY MONTGOMERY 155 2535 WEDGLEA ALEXANDER CLARENCE E & DOROTHY M 156 2535 WEDGLEA FORD HELEN FRANCES 157 2535 WEDGLEA BROOKS ALICE F 158 2535 WEDGLEA PEREZ JOE G 159 2535 WEDGLEA RANDLE FRANCES MORENO 160 2535 WEDGLEA EVANS MARSHA W 161 2535 WEDGLEA THOMAS YASMIN G 162 2535 WEDGLEA CHANDLER DEBBE KAY & HARRELL FRED D & JILL

K 163 2535 WEDGLEA BOWN ROBERT H SUITE 100 164 2535 WEDGLEA TYRA JEFFREY S 165 2535 WEDGLEA LITWIN STEPHAN C 166 2535 WEDGLEA YOUNG WILLIAM 167 2535 WEDGLEA PALOMO MARIA P BLDG H UNIT 140 168 2535 WEDGLEA MAZZMANIA LP 169 2535 WEDGLEA BLUIETT MYRA C BLDG H UNIT 237 170 2535 WEDGLEA WILLIAMS JENNIFER G & 171 2535 WEDGLEA KOHUTEK MARK E BLDG H UNIT 240 172 1011 CLIFFDALE RODRIGUEZ JOSE ALEJANDRO 173 1018 WESTMOUNT SOSA JESUS G O 174 1015 CLIFFDALE GOMEZ ISIDORO & SARA 175 2720 EL TIVOLI ROMERO JEOVANNY M 176 2714 EL TIVOLI BURNS WILLIAM C 177 2710 EL TIVOLI JASSO JOSE D 178 2704 EL TIVOLI LUNA LUIS J & AMANDA 179 815 REVERCHON BROWN PHILLIP W 180 820 REVERCHON SANTIAGO JOSE M & CONCEPCION O 181 824 REVERCHON ORTIZ BENITO FELIPE


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Label # Address Owner 182 828 REVERCHON MARTINEZ JOSE & JOSEFA R 183 902 REVERCHON MENDEZ RICHARD & MARY O 184 906 REVERCHON WORKS MARIE TRUSTEE OF MARIE WORKS

FAMILY TRUST O 185 910 REVERCHON SALTER DONALD Y ET AL 186 1020 CHEVEZ MONTOYA GUADALUPE 187 1019 AVON LOPEZ MIGUEL A & LORENA A LOPEZ 188 1011 AVON MORRIS OLIVE ROSELINE O 189 1007 AVON SYKES MICHAEL A 190 1003 AVON JONES BENNY T & LOUISE 191 925 AVON GUERRA SALOMON X 192 919 AVON MUNOZ MANUEL R & ISABEL A 193 915 AVON COHRON GREGORY A X 194 909 AVON ARANDA ARTURO ALEX & ANTONIETA 195 905 AVON DUPLESSIS PHILLIP R & JILL EGBERT DUPLESSIS 196 913 REVERCHON MILLER LYLE D ESTATE OF 197 911 REVERCHON SANTIZO LUIS JOSE 198 907 REVERCHON MORA MARIA L 199 2711 EL TIVOLI ZIPPERER ANNE W 200 2717 EL TIVOLI CEBALLOS PEDRO SIMON & MARTHA E 201 910 CHEVEZ GLASS VIVIAN JOY 202 914 CHEVEZ PALACIOS JUAN 203 918 CHEVEZ FRAYRE JESUS M & VICTOR A FRAYRE ET AL 204 922 CHEVEZ RAMIREZ R N 205 926 CHEVEZ GIGAX PATRICIA ANN 206 930 CHEVEZ RAGER PAMELA A 207 1002 CHEVEZ MARQUEZ PABLO & MARIA 208 1008 CHEVEZ AGUILAR FERNANDO & MARIA G 209 1014 CHEVEZ HUERTA JUAN M 210 2748 AVON MORALES VIVIAN E & 211 2740 SAN JOSE MENDOZA AMANDA X 212 2736 SAN JOSE WHEELESS DON D & GLYNDA R WHEELESS


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Label # Address Owner 213 2704 SAN JOSE GALINDO ARMANDO 214 919 CHEVEZ REDLINGER DAN LEE & CLIFTON E REDLINGER JR 215 913 CHEVEZ PALMER FERNANDO & ANGELICA PALMER 216 907 CHEVEZ ARREAZOLA TERESA QUINONES 217 2706 AVON LAGOS ALFRED 218 1015 CHEVEZ GONZALEZ ISIDRO 219 1011 CHEVEZ CASTILLO BEATRICE & JOE EQUINONES 220 1005 CHEVEZ THORNTON SUSAN J 221 2715 SAN JOSE STANFORD CHRISTOPHER O 222 2719 SAN JOSE WISE LINDA F O 223 2723 SAN JOSE WILDER AILEEN 224 2737 SAN JOSE BOTHUN TODD O 225 2733 SAN JOSE WOOD JOHN G 226 2743 SAN JOSE GREEN MICHAEL L & VERONICA O 227 2732 AVON CORONADO JOHN C JR & PATSY M 228 2726 AVON NUCHE SAMMY J 229 2722 AVON KOZAREVICH NANCY DIANE & SUE KOZAREVICH 230 2716 AVON CONTRERAS DAVID V & 231 2712 AVON MELENDEZ MARIBEL 232 1026 CLIFFDALE MARTIN GLENDA C O 233 1022 CLIFFDALE VASQUEZ EVARISTO H & HERMILA M 234 1018 CLIFFDALE MCKENZIE GORDON B & BESSIE R MCKENZIE O 235 1012 CLIFFDALE HOOKS V BENJAMIN 236 2767 AVON DELGADO MARIO 237 2759 AVON JANSSEN LONNA L O 238 2751 AVON MARTIN CHRISTINE 239 2743 AVON GARCIA JOSE J & MARIA M 240 2754 BUNA CHICU NICODEMO & ANNETTE 241 2735 AVON SANTIAGO JOSE E O 242 2731 AVON KOZAREVICH FRANK E 243 2725 AVON HAWES WILL C


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Label # Address Owner 244 2721 AVON RAMIREZ FILOMENA S 245 2717 AVON ACOSTA EPIFANIO O 246 2711 AVON PLATA JOSE 247 2707 AVON MACIAS RODRIGO & MARIA 248 2705 AVON LYNCH WILLIE LEWIS 249 1038 AVON LEDEZMA DOMINGO & MAGDALENA 250 1032 AVON SPRADLING EDD N JR EST % DOLORES

SPRADLING 251 1028 AVON KOLLER ALBERT A & RICHARD L LAUGHLIN 252 1024 AVON MILLER CHARLES H 253 1020 AVON LOPEZ RICARDO 254 1014 AVON GOODWIN CLAUDIE W & CARMEN 255 1010 AVON CORONADO GUSTAVO JR 256 1006 AVON ELIZONDO JOSE M & MARIA GUADALUPE 257 1002 AVON CARDOSA LEOPOLDO TORRES & BLANCA T 258 934 AVON HASH JOYE LEE 259 930 AVON POSADA FRANCISCO X 260 926 AVON CHAMBERLAIN MARJORIE E 261 920 AVON GONZALES IMELDA GARCIA 262 910 AVON CHURCHILL ANGELINE 263 904 AVON TREVINO MANUEL E 264 717 BOULEVARD BANDA LILLIE C O 265 721 BOULEVARD MATERA MARIA I & ABEL C ESCOBEDO 266 610 FRANKLIN DALLAS ISD X 267 809 BOULEVARD WINGER MAURICE J 268 835 BOULEVARD REX PAUL 269 819 BOULEVARD GREEN KENNETH F 270 815 BOULEVARD PEREZ NANCY R 271 845 BOULEVARD HOOPER WELBURN C % OLD SECOND TRUST

DEPT 272 803 BOULEVARD RANKIN JERRY D 273 815 HAMPTON JOHNSON LARRY B O 274 827 HAMPTON MORMAN JIMMY L TR & CYNTHIA SUE TR


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Label # Address Owner 275 821 HAMPTON HUGHES STEPHEN LEE O 276 825 HAMPTON KIRK BRANDON W 277 738 BOULEVARD OPPELT GENE O & PATRICIA OPPELT 278 809 HAMPTON ORNELAS MANUEL H 279 730 BOULEVARD FEDERAL HOME LOAN MTG 280 716 PLYMOUTH GREENWOOD APARTMENTS LP 281 640 PLYMOUTH NORTHHILLS PROP LTD 282 800 PLYMOUTH KENNEDY BRENDA K 283 1127 WESTMOUNT IPINA MARGARITO & IRMA 284 2834 FORT WORTH EL BETHEL AGAPE TABERNACLE 285 2838 FORT WORTH PATEL R D 286 1130 WESTMOUNT MEDINA JESUS M & BERTHA A O 287 2808 FORT WORTH MARTINEZ MANUEL % TIKAL AUTO SALES O 288 2808 FORT WORTH MARTINEZ MANUEL X 289 1126 WESTMOUNT GANS WILLIAM F 290 1140 WESTMOUNT WYATT JACKSON R JR APT B 291 1118 EASTGROVE CARRANZA MARIA & JESUS 292 2811 FADEWAY CONTRERAS MR 293 2838 BYWAY BARRERA MR 294 1001 EASTGROVE REYES RICKEY 295 1007 EASTGROVE SALDANA GUSTAVO 296 1015 EASTGROVE RICO GRACIELA 297 1035 EASTGROVE BARRANTES MR 298 1126 EASTGROVE SANCHEZ JOSE A 299 2816 BYWAY FERNANDEZ MR 300 2843 FADEWAY WYATT JACKSON APT B 301 2850 BYWAY PRICH MR 302 2851 BYWAY TORRES LUZ 303 2848 BYWAY CONTRERAS MR 304 1002 EASTGROVE GONZALES MARIA & 305 1004 EASTGROVE BAKER GERALD


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Label # Address Owner 306 1008 EASTGROVE GRAHAM W E 307 1010 EASTGROVE SALAICES CIPRIANA 308 1011 EASTGROVE CANALES RAYMOND 309 1018 EASTGROVE CASARES MR 310 1019 EASTGROVE HERNANDEZ DAVID 311 1023 EASTGROVE GOMEZ JOSE LUIS 312 1027 EASTGROVE AYALA MANUEL 313 1101 EASTGROVE HERBERT MR 314 1102 EASTGROVE MAGADAN RUTH 315 1106 EASTGROVE LOPEZ NOE 316 2833 BYWAY WYATT JACKSON 317 1114 EASTGROVE RODRIGUEZ MARIA 318 1122 EASTGROVE TORRES GUMECINDA 319 1130 EASTGROVE GUERRA JESUS 320 2803 FADEWAY TROTTER PHYLLIS 321 2807 FADEWAY AGUILAR SOCORRO 322 2815 BYWAY GONZALES GILBERTO 323 2816 FADEWAY SHELTON LUCIA 324 2817 FADEWAY CONTRERAS JESUS & BLANCA 325 2821 FADEWAY CONTRERAS MR 326 2822 BYWAY LOPEZ JUVENTINO 327 2825 BYWAY LOPEZ MR 328 2826 BYWAY ORTIZ MIGUEL 329 2827 FADEWAY CONTRERAS 330 2830 BYWAY HERNANDEZ PEDRO SPACE 2830B 331 2831 BYWAY RODRIGUEZ MOISES SPACE 2831B 332 2831 FADEWAY PACHECO BLANCA EDITH 333 2834 BYWAY RODRIGUEZ AARON 334 2835 FADEWAY ALMAREZ MR 335 2841 BYWAY AGUERO GUMECINDO 336 2842 BYWAY GONZALES ELIZABETH SPACE 2842B


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Label # Address Owner 337 2847 BYWAY AGUERO ESTEBAN 338 2849 FADEWAY SANCHEZ AGAPITO G 339 2853 FADEWAY ALMAREZ CARLOS & MARIA 340 2830 FADEWAY SANDEFER MARY O 341 2834 FADEWAY SPOONMORE ROBERT 342 1035 WESTMOUNT BEVERLY HILLS CHURCH OF CHRIST 343 1105 WESTMOUNT KITCHENS JERALD & WENDY O 344 1101 WESTMOUNT BAKER DALE 345 1031 WESTMOUNT PHILLIPS MILLIE 346 1106 WESTMOUNT DELAFUENTE DAVID A 347 1022 WESTMOUNT DELAGADO ROSALINDA 348 1026 WESTMOUNT A F CREDIT CORP EMPLOYEES PENSION PLAN 349 1030 WESTMOUNT AF CREDIT CORP EMPLOYEES PENSION PLAN 350 1034 WESTMOUNT CONTRERAS JOSE A & GUADALUPE 351 1038 WESTMOUNT MENDOZA GABRIEL 352 1102 WESTMOUNT HOLMAN FELIPE M 353 1103 CLIFFDALE BRECEDA MIGUEL 354 1039 CLIFFDALE BRECEDA MIGUEL A & ROSA E O 355 1035 CLIFFDALE WHITE MARJORIE A TR 356 1031 CLIFFDALE BARBOSA ENRIQUE C & TERESA BARBOSA 357 1027 CLIFFDALE REYNA ANA M 358 1023 CLIFFDALE VARGAS GILBERTO & IMELDA GONZALEZ 359 2511 WEDGLEA WEDGWOOD TOWER PROP LP 360 2428 BAHAMA HN TEXAS PROPERTIES LP 361 2765 BUNA HERNANDEZ ANTONIO A & MARIA G ROSALES O 362 2761 BUNA ESPINAL JAIME O 363 2757 BUNA RODRIGUEZ GUSTAVO H O 364 2753 BUNA DAVANZA BENJAMIN O 365 2749 BUNA ARDOLF TAMMY J O 366 2745 BUNA DAVILA PATSY SUE O 367 2730 FORT WORTH MARTINEZ MANUAL % TIKAL AUTO SALES


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Label # Address Owner 368 2610 FORT WORTH HD DEVELOPMENT PPTIES LP % HOME DEPOT

USA INC 369 2600 BAHAMA FWA BAHAMA DEVELOPMENT LTD 370 2560 WEDGLEA WEDGLEA CREEK L P O 371 2510 WEDGLEA POWERS GRACE MELISSA 372 2514 WEDGLEA WOODARD CHARLES 373 2518 WEDGLEA DUBIN RUTH 374 2524 WEDGLEA AMUKOBOLE ELIZABETH O 375 2526 WEDGLEA EAST G GRANT 376 2528 WEDGLEA KELLEY FRANCES M O 377 2558 WEDGLEA EAST G GRANT O 378 2556 WEDGLEA HUBBARD THOMAS & 379 2520 WEDGLEA ELROD JON D 380 2544 WEDGLEA ROMBACH EDWARD G JR & IAMS GEOFFREY B O 381 2552 WEDGLEA HANSEN JEFFREY L O 382 2530 WEDGLEA DARLING CARY G 383 2534 WEDGLEA COX FRANCES MARIE 384 2532 WEDGLEA HATHAWAY ALECIA A 385 2536 WEDGLEA GAGE LORI A O 386 2546 WEDGLEA VERTREES ROGER W 387 2550 WEDGLEA SOSA ADELITA & RICARDO 388 2548 WEDGLEA DUKE DANIEL N O 389 2540 WEDGLEA MORENO CONNIE K 390 2554 WEDGLEA SCHILLING JOHN M

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Monday, August 11, 2008 Early Notification List

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2 - /9- 0 ~ - City of Dallas

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