Request For Injunction

PLAINTIFFS ORIGINAL PETITIONPAGE 1
JUDICIAL DISTRICT COURT

DALLAS COUNTY, TEXAS

East Village Association

Plaintiff,

v.

The City of Dallas; Michael Anglin, Neil
Emmons, Emma Rodgers, Betty
Culbreath, Tony Shidid, Jed
Anantasomboon, Ann Bagley, Myrtl M.
Lavallaisaa, Gloria Tarpley, John
Shellene, Jaynie Schultz, Cookie Peadon,
Margot Murphy, Paul E. Ridley, and
Robert Abtahi in their official capacity
as members of the City Plan
Commission; and TC Central Associates,
LLC.

Defendants.

Cause No. _______________________

Plaintiffs Original Petition and Ex
Parte Application for Temporary
Restraining Order, Temporary and
Permanent Injunction, Request for
Show Cause Order, and
Motion for Expedited Discovery

To the Honorable Court:
Plaintiff East Village Association files this Original Petition and Ex Parte
Application for Temporary Restraining Order, Temporary and Permanent Injunction,
Request for Show Cause Order, and Motion for Expedited Discovery to prevent the
City of Dallas (Dallas) City Plan Commission from approving a development plan
based upon a void zoning ordinance. In support of its request, Plaintiff respectfully
states as follows:
I. DISCOVERY CONTROL PLAN
1. Plaintiff intends to conduct discovery under Level 2 as set forth in Texas Rule
of Civil Procedure 190.3.

Smith Gay
FILED
DALLAS COUNTY
7/9/2014 11:40:22 AM
GARY FITZSIMMONS
DISTRICT CLERK
DC-14-07239
162ND-I


II. CAPACITY
2. Defendants Michael Anglin, Neil Emmons, Emma Rodgers, Betty Culbreath,
Tony Shidid, Jed Anantasomboon, Ann Bagley, Myrtl M. Lavallaisaa, Gloria Tarpley,
John Shellene, Jaynie Schultz, Cookie Peadon, Margot Murphy, Paul E. Ridley, and
Robert Abtahi (together, the "CPC") are named exclusively in their official capacity
as members of the City Plan Commission.
III. PARTIES
3. Plaintiff is an unincorporated nonprofit association organized under Texas
Business Organizations Code 252.001 et seq. Plaintiffs members include one or
more members who reside and own real property within 200 feet of the
Development, as defined below.
4. The City of Dallas is a Texas municipal corporation and may be served
through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of
business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201.
5. Michael Anglin is a member of the Dallas City Plan Commission and may be
served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of
6. Neil Emmons is a member of the Dallas City Plan Commission and may be
7. Emma Rodgers is a member of the Dallas City Plan Commission and may be
served through the City Manager's Office, City Manager, A.C. Gonzalez, at her place of
8. Betty Culbreath is a member of the Dallas City Plan Commission and may be


9. Tony Shidid is a member of the Dallas City Plan Commission and may be
10. Jed Anantasomboon is a member of the Dallas City Plan Commission and may
be served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place
of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201.
11. Ann Bagley is a member of the Dallas City Plan Commission and may be
12. Myrtl M. Lavallaisaa is a member of the Dallas City Plan Commission and may
be served through the City Manager's Office, City Manager, A.C. Gonzalez, at her
place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201.
13. Gloria Tarpley is a member of the Dallas City Plan Commission and may be
14. John Shellene is a member of the Dallas City Plan Commission and may be
15. Jaynie Schultz is a member of the Dallas City Plan Commission and may be
16. Cookie Peadon is a member of the Dallas City Plan Commission and may be
17. Margot Murphy is a member of the Dallas City Plan Commission and may be


18. Paul E. Ridley is a member of the Dallas City Plan Commission and may be
19. Robert Abtahi is a member of the Dallas City Plan Commission and may be
20. TC Central Associates, LLC (Crow) is a Delaware limited liability company
that maintains its principal place of business in Dallas County and may be served
through its registered agent, Corporation Service Co. d/b/a CSC-Lawyers
Incorporating Service Co., 211 E. 7th Street, Ste. 620, Austin, TX 78701.
IV. JURISDICTION AND VENUE
21. The Court has jurisdiction pursuant to Texas Civil Practice and Remedies
Code 37.003 because this action seeks a declaratory judgment regarding the
validity of Dallas City Ordinance No. 29019. Dallass sovereign immunity is waived
pursuant to Texas Civil Practice and Remedies Code 37.006(b).
22. Venue is proper in Dallas County pursuant to Texas Civil Practice and
Remedies Code 15.002 because Dallas County is the county in which all or a
substantial part of the events giving rise to the claim occurred and because
Defendants reside in Dallas County.
V. FACTUAL BACKGROUND
23. The zoning ordinance allowing Crow to develop a 100,000+ square foot
merchandise store on Planned Development District 889 at the corner of North
Central Expressway and North Carroll Avenue (the Development) is the product of
a fraud upon the people and the City of Dallas.
24. Because of the fundamentally unique character of 100,000+ square foot
merchandise stores, Dallas has historically intervened to restrict their development.


25. On August 11, 2004, the Dallas City Council passed a 60-day moratorium
suspending building permits and certificates of occupancy for all new 100,000+
square foot merchandise stores because of neighborhood concerns.
26. A several-year economic and sociological study of 100,000+ square foot
merchandise stores concluded that they cause commercial and residential blight
the megastores sap the life from local retailers, and as local retailers fail, their
surrounding neighborhoods fail as well, resulting in increased crime, housing decay,
suppression of wages, and reduced tax revenue for cities. See EDWARD B. SHILS,
MEASURING THE ECONOMIC AND SOCIOLOGICAL IMPACT OF THE MEGA-RETAIL DISCOUNT CHAINS
ON SMALL ENTERPRISE IN URBAN, SUBURBAN AND RURAL COMMUNITIES 1-16, 206, 218-19
(1997).
27. Recognizing that 100,000+ square foot merchandise stores need special
restrictions, including their own notice, their own hearing, and their own approval
by the City Council, on October 27, 2004, the Dallas City Council passed an ordinance
requiring that 100,000+ square foot merchandise stores obtain a Specific Use
Permit.
28. Dallas also requires design standards for 100,000+ square foot merchandise
stores, and the Dallas Development Code explains that the standards are necessary
because, "[l]arge retail uses often have negative impacts on community aesthetics,
the environment, mass transit, pedestrian circulation, the scale and rhythm of
streetscapes, traffic, and urban sprawl." Dal. Dev. Code 51A-4.605(a)(1).
29. On June 15, 2012, Masterplan Consultants (Masterplan) filed a Zoning
Change Application on behalf of then-owner Xerox Services, LLC ("Xerox")
requesting that the Development's existing zoning be consolidated into a new
Planned Development District ("PD") "for Mixed Use-3." See Zoning Change
Application, p. 21-24 (all attachments to this Petition are bookmarked in the PDF
version pursuant to Judicial Committee on IT Technology Standards 3.1(E)).


30. Mixed Use-3 ("MU-3") is a specific zoning use enumerated in the Dallas
Development Code, which defines the purpose of MU-3 as:
To provide for the development of high density retail, office, hotel,
and/or multifamily residential uses in combination on single or
contiguous building sites, to encourage innovative and energy
conscious design, efficient circulation systems, the conservation of
land, and the minimization of vehicular travel.
Dal. Dev. Code 51A-4.125(f)(1) (emphasis added).
31. The Zoning Change Application specifically states that, "the proposal does
not ask for additional uses or development rights." Zoning Change Application, p. 23.
32. By April 2013, Crow had been publicly named as the developer for the
Development, and on August 30, 2013, Crow acquired the property underlying the
Development from Xerox.
33. Although the Zoning Change Application specified MU-3 uses for the
Development, and further stated that "the proposal does not ask for additional uses
or development rights," on information and belief Crow conspired with Masterplan
to pass zoning permitting 100,000+ square foot merchandise stores as an additional
use, all the while misleading both neighborhood residents and city staff and officials
as to Crow's intent.
34. On April 24, 2013, Crow held a community meeting at Alex W. Spence
Talented/Gifted Academy to discuss the Development with the neighbors living
around it (the "Spence Meeting"). East Village Association member David Shaw was
in attendance.
35. At this meeting, Crow presented a mixed-use development called the "East
Village," clearly invoking the image of the West Village, and did not tell the
neighborhood attendees that the development would include a 100,000+ square
foot merchandise store.
36. As the nearby Belmont Park Neighborhood Association President recalled:


MR. CARL SMITH: In fact, we were told that there would not be
a big box store there in our - - in our response to asking questions.
And our minute meetings reflect that.
I feel that weve been misled and that our neighborhood is
being raped by those that we [ ] trusted.
I feel that [ ] we are being shown that Trammel[l] Crow is not
going to be a good neighbor by their intention to move forward with
the building of a big box megastore in objection to all of the
surrounding neighborhoods and by the way they misled our
neighborhood with what this development would be.

June 19, 2014 CPC Hearing Tr., p. 28 (Tr. cite14:19-15:7).
37. East Village Association officer Anthony Johnson recalled: When we heard
about this potential [ ] East Village development we really thought it was going to be
something like the West Village, so none of us complained. All of us thought that it
was a great idea. And it was something that we were looking forward to a[s] new
residents of East Dallas. June 19, 2014 CPC Hearing Tr., p. 32 (Tr. cite 23:1-6).
38. A Traffic Impact Analysis was submitted to the city along with the Zoning
Change Application. Its conclusions are tellinga vehicle-dependent development
at the Development site will likely overburden the US-75 Northbound frontage road
north of the North Haskell Avenue on-ramp, as well as North Carroll Avenue East of
US-75. See June 15, 2012 DeShazo Group, Inc. Technical Memorandum, p. 62, 64.
39. As counsel for Crow has conceded, the Development will be automobile
driven. June 19, 2014 CPC Hearing Tr., p. 46 (Tr. cite 45:13-15).
40. The Development is surrounded by small, two-lane streets that are essential
for East Village Association members daily transportation needs. Neighbors,
including East Village Association members, have expressed concerns that the traffic
resulting from the Development will not only be a nuisance, but also a public safety
hazard:
MR. KIRK De BOER: It will not allow it to be walkable, as they
say, because youre going to have so much traffic driving into it.
. . .


MS. ADELE ACREY: Im just going to speak quickly about the
design of the streets in the neighborhood. Everything is only two lane.
All our streets are two lane.
Spence School [and], what is it, School For the Blind is right
down the street there and the Multiple Careers Magnet School is on
Rusk. So we have three schools right there in the area. School buses
park on the curbs. Residents park on the curbs. Parents picking up
their students at Spence park on the curbs morning and afternoon.
All of - - DART buses come down Capital. That means those
two-lane streets are glutted consistently. We dont have room for 18-
wheeler trucks, extra traffic glutting up all of those passages and
putting adults and school children and blind people who practice
going up and down Carroll to - - how to use their canes, how to catch
the bus and things like that.
. . .

MS. CE CE SHEARER: Im concerned about a number of things.
The traffic. Whats going to happen to the school children. I am a
teacher so I do worry about those kids running around in the street.
And whats going to happen if like an 18-wheeler comes down there.
And the Lighthouse for the Blind people and things like that.

June 19, 2014 CPC Hearing Tr., p. 33-36 (Tr. cites 25:20-22, 27:4-20, 31:20-25).
41. In advance of the May 2, 2013 CPC hearing to determine whether to
recommend approval of the Development to the City Council, city staff were
required to send notice of the proposed zoning change to neighbors owning real
property within 500 feet of the Development.
42. In preparing this notice, Dallas city staff relied on misrepresentations from
the Zoning Change Application and Masterplan and told neighbors only that the
proposed zoning change would be "for MU-3 Mixed Use District Uses." See May 2,
2013 CPC Notice, p. 67. The CPC Notice did not mention anything about Crow's
intended 100,000+ square foot merchandise store use.
43. Indeed, in a subsequent public hearing on this issue, Commissioner Abtahi
confronted Dallas Interim Assistant Director of Current Planning Neva Dean about
why this notice did not mention 100,000+ square foot merchandise store use when
Dallas notices for this type of zoning typically do:


COMMISSIONER ABTAHI: Ms. Dean, we saw some submissions
of other notices that had gone out about other PDs that include the
100,000 square foot of retail. What - - what determination is - - how
do we determine what notice contains that provision and what notice
does not contain that provision?
MS. NEVA DEAN: If I remember the example, the applicant
came in specifically for the big box, either the Walmart of whatever
the use was. We knew that was what they wanted to do so we clearly
put that in there.
This applicant asked for MU-3 uses. And then they had
different standards for those uses.

June 19, 2014 CPC Hearing Tr., p. 47 (Tr. cite 59:11-23).
44. As many neighbors have expressed, including East Village Association
member Christina Casas, who attended the Spence Meeting, "If I would have known
at that time that the big store was coming in like that I would have been here at that
meeting," referring to the May 2, 2013 CPC public hearing on the Development
zoning. June 19, 2014 CPC Hearing Tr., p. 30 (Tr. Cite 16:17-19).
45. On May 2, 2013, the CPC voted to recommend approval of the Development
zoning to the Dallas City Council. The eleven Commissioners present voted for
approval, and four Commissioners were absent. Because no neighbors knew that the
Development would include a 100,000+ square foot merchandise store, nobody
appeared at this public hearing to speak against the proposed zoning for the
Development. See June 19, 2014 CPC Hearing Tr., p. 30, 37 (Tr. cites 16:17-19,
32:11-19).
46. In advance of the May 22, 2013 City Council hearing to determine whether to
approve the Development zoning change, city staff sent out another notice of the
proposed zoning change to neighbors owning real property within 500 feet of the
development. Again, the notice made no mention of Crow's intended 100,000+
square foot merchandise store use, and specified only that the PD would be "for MU-
3 Mixed Use District uses." See May 22, 2013 City Council Notice, p. 73.


47. Also in advance of the May 22, 2013 City Council hearing, the City Council
received city staff's analysis of the Development zoning proposal, which itself relied
on misrepresentations concerning the intended use for the Development.
Specifically, the staff analysis states:
The subject site is identified as being within an Urban Mixed Use
Building Block on the forwardDallas! Vision Illustration, adopted June
2006. The Urban Mixed-Use Building Block incorporates a vibrant mix
of residential and employment uses at a lower density than the
Downtown Building Block. These areas are typically near Downtown,
along the Trinity River or near major transit centers. Examples
include Uptown, the City Place/West Village area, Stemmons Design
District, Cedars and Deep Ellum. Urban Mixed-Use Building Blocks
provide residents with a vibrant blend of opportunities to live, work,
shop and play within a closely defined area. Buildings range from
high-rise residential or midrise commercial towers to townhomes and
small corner shops. Good access to transit is a critical element. Similar
to Downtown, the Urban Mixed-Use Building Blocks offer employment
and housing options and are important economic growth areas for
businesses. People on foot or bike can enjoy interesting storefronts at
ground level with benches, public art, on-street parking and wide
sidewalks, creating an appealing streetscape. Large parking areas and
other auto-oriented land uses are typically located at the edges.
The applicant's request is consistent with the forwardDallas! Vision
and further complies with the following goals and policies of the
Comprehensive Plan.
. . .
URBAN DESIGN ELEMENT
GOAL 5.1: PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY
. . .
GOAL 5.3 ESTABLISHING WALK-TO CONVENIENCE
May 22, 2013 City Council Briefing, p. 76-77.
48. This statement is consistent with what neighbors were told at the Spence
Meeting, and consistent with East Village Association members expectations for the
Development.


49. On May 22, 2013, the City Council voted to follow the recommendation of the
CPC and approved the Development zoning change through Ordinance No. 29019.
Without anyone noticing, Crow and Masterplan had managed to include the
following language in the draft and final ordinance:
The following additional uses are permitted on the Property:
-- General merchandise or food store 100,000 square feet or more.
Dal. Dev. Code 51P-889.107(b), p. 108.
50. As Rudolf Bush for the Dallas Morning News reported, reflecting on the
Development's passage a year later on May 23, 2014:
It was submitted in the heart of election season. Everyone's attention
was elsewhere. City staff was doing who knows what when the
planned development slid through the system, then through a thinly
peopled Plan Commission and then through a City Council with its
eyes squarely on the races.
51. In a follow-up article on June 17, 2014, Bush interviewed then-
Councilwoman Pauline Medrano about what Crow represented to her concerning
the Development at the time the City Council passed the zoning:
She said she absolutely would have remembered if Trammell Crow's
Denton Walker had told her that he planned a big box store. Those
words tend to stand out.
I asked her again, was she certain no mention was made of a big box.
She stressed again that this is something that would have gotten her
attention.
52. On information and belief, Crow signed a contract with Sam's Club in August
2013 for the Development, and had been in negotiations with Sam's Club
throughout the zoning process.
53. Having acquired its zoning through deceit and misdirection, Crow went silent
on its intent for the Development, and remained silent until the truth came out.


54. On May 19, 2014, the Dallas Morning News reported that at a shopping center
convention in Las Vegas, Crow revealed its intent to use the Development to build a
136,000 square foot Sam's Club.
55. This revelation prompted immediate backlash by the neighborhood
surrounding the Development. Within days, the neighborhood had amassed over
1,500 signatures on a petition to stop Sam's Club from coming in to the
Development. As of the date of this filing, the petition has over 2,700 signatures.
56. On May 22, 2014, the CPC held a hearing on whether or not to approve
Crow's development plan for the Development, and because of the public backlash,
the CPC voted to postpone the vote until July 10, 2014.
57. Also on May 22, 2014, a majority of the CPC submitted a letter requesting a
hearing to authorize a public hearing to determine the proper zoning on the
Development, which was set for June 19, 2014.
58. At the June 19, 2014 CPC hearing, the CPC voted to deny authorizing a new
public hearing.
59. Sixty-six local residents, including East Village Association members,
attended the hearing to ask that the CPC authorize a new public hearing.
60. Although many commissioners were sympathetic to the plight of the
neighborhood, they concluded that they could not stop the Development without
court intervention.
61. Specifically, then-Commissioner Soto stated:
COMMISSIONER SOTO: I believe the original notice on this case
was defective because there was no mention of a general merchandise
food store greater than 100,000 square feet.
I also believe had there been any mention of a big box store it
would have triggered this debate that we have today and this
Commission would not be in the very awkward position that we now
find ourselves.



62. And Commissioner Abtahi concurred:
COMMISSIONER ABTAHI: I think there was issues with the
notice. And I think thats a failure on our part. Zoning is not an easy
issue. Its complicated.
The mere fact that you are all here today lends me to believe
that you didnt understand what was going on last year. It may not be
because of anyones fault, but theres plenty of blame to go around
when - - when we are the ones that are supposed to inform the public.
We are the ones who are supposed to make sure that you understand
whats going on. The city is the one whos supposed to bend over
backwards to make sure you understand whats going on.

63. On July 8, 2014, Dallas published the CPC Agenda for July 10, 2014, in which
staff recommends the approval of Crows development plan for the Development.
VI. DECLARATORY JUDGMENT
64. Plaintiff incorporates by reference all the allegations set forth in the
paragraphs above as if fully set forth herein.
65. Pursuant to Texas Civil Practice and Remedies Code 37.004(a) and Texas
Business Organizations Code 252.007, one or more of Plaintiffs members are
persons whose rights, status, or other legal relations are affected by the
Development zoning ordinance, Dallas Ordinance No. 29019, and Plaintiff may
therefore have the Court determine any question of validity arising under the
ordinance.
66. The interests that Plaintiff seeks to protect through this declaratory
judgment action are germane to its purposes, which are advancement of the
interests of East Village Residents, specifically including but not limited to advocacy
on East Village land use and zoning issues for the benefit of East Village Residents,
and neither the claim asserted nor the relief requested requires the participation of
a member of Plaintiff.
67. One or more of Plaintiffs members also have particularized injury standing
to challenge the validity of Dallas Ordinance No. 29019 because the value of their


real property nearby the Development will be suppressed by its use for a 100,000+
square foot merchandise store, and the use will cause a traffic nuisance for Plaintiffs
members.
68. Plaintiff seeks a declaratory judgment that Dallas Ordinance No. 29019 is
void as a matter of law for failure to give sufficient notice of the proposed zoning use
change.
69. Texas law requires that notice of a public hearing on a proposed zoning
change must be sent to each owner of real property within 200 feet of the property
subject to the zoning change. Tex. Local Govt Code Ann. 211.007(c). The Dallas
Development Code expands this notice requirement to owners of real property
within 500 feet when the zoning change is for a PD. See Dal. Dev. Code 51A-
4.701(b)(5), 51A-1.105(a)(4).
70. Although 211.007(c) does not specify what content is required in the notice,
Texas precedent requires that the notice inform residents of the specific zoning use
change proposed so that residents may oppose the change if they desire. Failure to
provide notice of the specific, material zoning use change proposed renders the
resulting zoning ordinance void from the start. See Amarillo v. Wagner, 326 S.W.2d
863, 864-66 (Tex. App.--Amarillo 1959, writ ref'd n.r.e.) (finding zoning amendment
void where it attempted to permit F-Retail use but notice only advised residents of
C-Dwelling use); see also Midway Protective League v. Dallas, 552 S.W.2d 170, 175
(Tex. App.Texarkana 1977, writ refd n.r.e.) (explaining that notice is deficient
where zoning ordinance substantially deviates from the notice, so as not to afford
recipient an opportunity to oppose the measure if he desires).
71. This principle of Texas law accords with Dallas City Attorney opinion and
City Council Resolution guidance on this issue. See Aug. 23, 1988 Memorandum from
Dallas City Attorney to Councilmember Lori Palmer, p. 133 ([a] new notice and
hearing will be necessary where changes in the [zoning] proposal are of such


importance or materiality as to amount to a change in its fundamental character.);
March 26, 1986 City Council Resolution No. 86100, p. 135 (same).
72. 100,000+ square foot merchandise store use is fundamentally and materially
different than MU-3 use alone. As explained above, 100,000+ square foot
merchandise stores pose inherent threats to public health, safety, and the general
welfare of the surrounding area. As such, MU-3 does not permit 100,000+ square
foot merchandise stores without a Specific Use Permit. Dal. Dev. Code 51A-
4.210(b)(14.1)(B).
73. A Specific Use Permit ("SUP") is required for highly sensitive zoning changes.
An applicant for an SUP shall comply with the zoning amendment procedure for a
change in zoning district classification. Dal. Dev. Code 51A-4219(b)(1).
74. The SUP section of the Dallas Development Code specifically provides:
(2) The SUP requirement for a use in a district does not constitute an
authorization or an assurance that the use will be permitted. 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. Each SUP must be granted by the
city council by separate ordinance.

(3) The city council shall not grant an SUP for a use except upon a
finding that the use will:
(A) complement or be compatible with the surrounding uses
and community facilities;
(B) contribute to, enhance, or promote the welfare of the area
of request and adjacent properties;
(C) not be detrimental to the public health, safety, or general
welfare; and
(D) conform in all other respects to all zoning regulations and
standards.

Dal. Dev. Code 51A-4.219(a) (emphasis added).
75. This means that even though the MU-3 provision of the Dallas Development
Code lists as a possible retail and personal service use "General merchandise or food
store 100,000 square feet or more. [SUP]," the mere listing of this use "does not


constitute an authorization or assurance that the use will be permitted." Dal. Dev.
Code 51A-4.125(f)(2)(J); 51A-4.219(a)(2). To the contrary, the use is disallowed
unless the applicant seeks and the City Council grants an SUP.
76. For these reasons, when Dallas passes PDs that allow 100,000+ square feet
merchandise stores in zoning that requires an SUP for that use, the notices
specifically list that use. For example, the notice for PD 876 provides that the
proposed PD will be for "CR Community Retail District Uses" and specifies that
"[t]he applicant proposes to construct a general merchandise or food store greater
than 100,000 square feet." Dec. 12, 2012 Notice of Public Hearing on Zoning Change
Request, p. 138.
77. Here, by contrast, the notice for PD 889 provided only that the PD would be
"for MU-3 Mixed Use District uses." May 2, 2013 CPC Notice, p. 67; May 22, 2013 CC
Notice, p. 73. The notice did not mention that the essential zoning use change would
be to allow a 100,000+ square foot merchandise store, and the resulting Ordinance
No. 29019 is therefore void as a matter of law.
78. Because the current zoning for the Development is void, the applicable
zoning reverts to the previous zoning. Before Ordinance No. 29019, the
Development was zoned in three parcels as MU-3 (SAH), GO(A), and PD 305 East
Mixed Use (the "Pre-Existing Zoning"). See May 22, 2013 City Council Briefing, p. 99.
79. None of these three zoning uses permit 100,000+ square foot merchandise
stores without an SUP. See Dal. Dev. Code 51A-4.210(b)(14.1)(B) (100,000+
square foot merchandise stores generally); 51A-4.125(f)(2)(J) (MU-3 (SAH)); 51A-
4.121(d)(2)(J); 51P-305.107(b)(1)(A) (PD 305 East Mixed Use same as MU-3).
VII. REQUEST FOR TEMPORARY AND PERMANENT INJUNCTIVE RELIEF
80. Plaintiff incorporates by reference all of the allegations set forth in the
paragraphs above.


81. As set forth in detail above, Plaintiff has established a probable right to the
relief they seek upon final hearing. The current zoning for the Development is void
and has no force or effect because the notice of zoning use change did not disclose
that the change would permit a 100,000+ square foot merchandise store.
82. Dallas city staff has already recommended that the CPC approve the
development plan allowing a 100,000+ square foot merchandise store, and city staff
and Commissioners' statements at the June 19, 2014 hearing confirm that the CPC
will be forced to approve the development plan without court intervention. See June
19, 2014 CPC Tr., p. 48, 26 (Tr. cites 63:14-23, 7:6-11) ("the notification question is a
legal issue that is to be decided not by the planning commission. We don't have the
authority to make that decision. That's a decision that is made by a court of law if
that is what - - what remedy someone seeks."). Members of Plaintiff will suffer
immediate irreparable injury from this approval because the Development will be
permitted to proceed. As counsel for Crow stated, We cannot wait. We wont wait.
We have contractual obligations to move forward. See id., p. 42 (Tr. cite 41:7-8).
83. Plaintiff lacks an adequate remedy at law for damages that will likely accrue
absent the requested injunctive relief. Because Ordinance No. 29019 is void and the
Pre-Existing Zoning applies, CPC approval of Crows development plan would be
ultra vires. Plaintiff is entitled only to prospective injunctive relief for such ultra
vires conduct, and if the Court does not intervene to stop CPC approval, sovereign
immunity will preclude Plaintiff from retroactive recovery. See City of El Paso v.
Heinrich, 284 S.W.3d 366, 375-77 (Tex. 2009).
84. Moreover, the full extent of the damages, which will continue to be suffered
by Plaintiffs members as a result of the conduct set forth herein, including
deprivation of procedural due process, deprivation of statutory notice rights, traffic
nuisance, and suppressed property value, are difficult if not impossible to assess
fully.


85. Accordingly, Plaintiff is entitled to injunctive relief to prevent this harm
pursuant to Texas Civil Practice & Remedies Code Chapters 37 and 65.
86. Therefore, Plaintiff respectfully seeks a temporary restraining order and
temporary and permanent injunction prohibiting Dallas and the CPC from:
approving any development plan for the Development that does not conform to the
Pre-Existing Zoning and from any conduct with regard to the Development
inconsistent with the permitted uses under the Pre-Existing Zoning until such time
as the zoning for the Development is modified through proper procedure, including
proper notice.
87. Pursuant to Rule 684, because Plaintiff seeks a temporary restraining order
and temporary injunction against Dallas and the CPC in their governmental capacity,
and because Dallas and the CPC have no pecuniary interest in the suit and no
monetary damages can be shown, Plaintiff requests that the Court fix the bond at a
nominal amount. See TEX. R. CIV. P. 684.
88. Attached to this Petition at p. 139-144 are the Affidavits of Plaintiffs officer
Jonas Park and Plaintiffs member David Shaw, which verify the fact allegations set
forth in this Original Petition as necessary to support the issuance of a Temporary
Restraining Order.
VIII. REQUEST FOR SHOW CAUSE ORDER
89. The allegations above provide good cause for the Court to issue a Show Cause
order scheduling a prompt hearing on Plaintiffs' request for a temporary injunction.
Therefore, Plaintiff requests, for good cause shown, the Court to issue a Show Cause
order setting Plaintiffs request for temporary injunction for prompt hearing.


IX. MOTION FOR EXPEDITED DISCOVERY
90. Plaintiff incorporates by reference all of the allegations set forth in the
paragraphs above.
91. The amount of time to respond to discovery must be shortened to permit
Plaintiff to establish the full extent of the material difference between the originally
proposed and noticed MU-3 zoning change and the 100,000+ square foot
merchandise store use permitted under Dallas Ordinance No. 29019, which will help
ensure that Plaintiff may timely seek a temporary injunction that fully addresses
this issue. Because such temporary injunction hearing on Plaintiffs application for
temporary injunction will be set, at least as an initial matter, within 14 days from
the Courts entry of any temporary restraining order, an emergency necessitating
acceleration of discovery requests exists.
92. Therefore, Plaintiff requests, for good cause shown, that the Court require
that Defendants Dallas and the CPC serve responses to the written discovery,
including the production of any responsive documents, within five calendar days of
service or actual notice (including weekends) in such a manner that they are
received by Plaintiffs counsel on the same day. In order to facilitate this expedited
discovery, Plaintiff requests that the Court narrow the scope of relevant discovery to
the relief sought in this Original Petition and the issues to be presented at the
temporary injunction hearing.
X. CONCLUSION
Wherefore, premises considered, Plaintiff East Village Association
respectfully prays that Defendants be cited to appear and answer herein, and that
Dallas and the CPC be preliminarily and permanently enjoined as described in detail
above, and that the Court should award Plaintiff all such and further relief to which
it may show itself to be justly entitled.


Respectfully submitted,

/s/ Michael Jung
P. Michael Jung
State Bar No. 11054600
[email protected]
STRASBURGER & PRICE, LLP
901 Main Street, Suite 4400
Dallas, Texas 75202
214-651-4724
214-659-4022 fax
-and-
Anthony Ricciardelli
State Bar No. 24070493
[email protected]
BROWN FOX KIZZIA & JOHNSON PLLC
750 N. St. Paul St., Suite 1320
Dallas, Texas 75201
469-839-9950
214-613-3330 fax

Counsel for Plaintiff East Village
Association

LOCAL RULE 2.02 CERTIFICATION

The undersigned certifies that he is aware that Defendants are represented
by counsel, and that he emailed a copy of the foregoing Petition and proposed
Temporary Restraining Order to the following counsel and will not present it to the
Court for decision until at least two hours after providing them notice. The
undersigned further certifies that this case is not subject to transfer under Local
Rule 1.06.

[email protected]
Scott Dyche, counsel for TC Central Associates, LLC

[email protected]
Warren Ernst, City Attorney for the City of Dallas

[email protected]
Bert Vandenberg, Assistant City Attorney for the City of Dallas and counsel to the
CPC

/s/ Anthony Ricciardelli
Anthony Ricciardelli
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 21
DESIGNATED ZONING CASE

1
HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, MAY 22, 2013
ACM: Ryan S. Evans
FILE NUMBER: Z112-265(MW) DATE FILED: J une 15, 2012
LOCATION: East side of Central Expressway between North Carroll Avenue and North
Haskell Avenue
COUNCIL DISTRICT: 2 MAPSCO: 35-Y, Z
SIZE OF REQUEST: 26.754 acres CENSUS TRACT: 8.00

REPRESENTATIVE: Karl A. Crawley, MASTERPLAN

APPLICANT: TCDFW Development, Inc.

OWNER: Xerox Business Services, LLC

REQUEST: An application for 1) a Planned Development District for MU-3
Mixed Use District uses on property zoned a GO(A) General
Office District, an MU-3 (SAH) Mixed Use District (Affordable)
and a portion of Subdistrict E in PDD No. 305, Cityplace, on the
northeast corner of North Central Expressway and North Carroll
Avenue and for 2) a new subdistrict on property zoned
Subdistrict E within the Planned Development District No. 305 on
the east side of North Central Expressway between North Carroll
Avenue and North Haskell Avenue

SUMMARY: A Planned Development District is proposed on a 16.158-acre
portion of the request site to accommodate a retail development
with design standards. A new subdistrict within PDD No. 305 is
proposed on a 10.596-acre portion of the request site to create
a data center use and associated parking ratio. This will allow
existing office buildings to be utilized for that purpose.

CPC RECOMMENDATION: Approval of a Planned Development District for
Mixed Use District uses, subject to a conceptual plan
and conditions, and approval of a new subdistrict
within Planned Development District No. 305, subject
to conditions.

STAFF RECOMMENDATION: Approval of a Planned Development District for
Mixed Use District uses, subject to a conceptual plan
and conditions, and approval of a new subdistrict
within Planned Development District No. 305, subject
to conditions.
Z112-265 (MW)

2
BACKGROUND INFORMATION:

The 26.754-acre request site is developed with multi-story office buildings with
surface parking; the northeastern portion of the site is undeveloped.

While the applicant intends to redevelop a 16.158-acre portion of the request
site with retail uses, the proposed planned development district allows for a mix
of uses, including multifamily residential, with design standards.

The applicant intends for the existing buildings to remain on a 10.596-acre
portion of the request site and to be utilized as a data center.

The applicant proposes to define "data center" within the proposed new
subdistrict in PDD No. 305 as a facility whose primary service is data processing
and is used to house computer systems and associated components, such as
telecommunications and storage systems, including but not limited to web
hosting organizations and internet service organizations.

The request site is surrounded by multifamily and single family residential to the
northeast; warehouse uses, retail and multifamily residential to the southeast;
office to the southwest and multifamily residential to the northwest (across
Central Expressway).

Zoning History:

1. Z112-150: On May 23, 2012, the City Council approved an amendment to
Tract I of Planned Development District No. 375 for mixed uses.

2. Z101-319: On December 14, 2012, the City Council approved a WMU-8
Walkable Urban Mixed Use 8 District.

3. Z089-135: On October 14, 2009, the City Council approved the creation of two
tracts within Planned Development District No. 183 for MU-3 Mixed
Use District uses.

Thoroughfares/Streets:

Thoroughfare/Street Type Existing ROW
North Central Expressway US Highway Varies
Carroll Avenue Local Varies
Haskell Avenue Principal Arterial Varies

Z112-265 (MW)

3
Land Use:

Zoning
Land Use
Site
GO(A); MU-3(SAH); PDD No. 305
Subdistrict E
Office; undeveloped
Northeast WMU-8; PDD No. 424; MF-2(A) Multifamily; single family
Southeast CS; PDD No. 305 Subdistrict E-1
Warehouse uses, retail and
multifamily residential
Southwest PD 183 Office
Northwest
PDD No. 305 Subdistrict D-1; PDD
No. 193 (MF-2); PDD No 193(O-2)
Multifamily

STAFF ANALYSIS:

Comprehensive Plan:

The subject site is identified as being within an Urban Mixed Use Building Block on the
forwardDallas! Vision Illustration, adopted J une 2006. The Urban Mixed-Use Building
Block incorporates a vibrant mix of residential and employment uses at a lower density
than the Downtown Building Block. These areas are typically near Downtown, along the
Trinity River or near major transit centers. Examples include Uptown, the City
Place/West Village area, Stemmons Design District, Cedars and Deep Ellum. Urban
Mixed-Use Building Blocks provide residents with a vibrant blend of opportunities to live,
work, shop and play within a closely defined area. Buildings range from high-rise
residential or midrise commercial towers to townhomes and small corner shops. Good
access to transit is a critical element. Similar to Downtown, the Urban Mixed-Use
Building Blocks offer employment and housing options and are important economic
growth areas for businesses. People on foot or bike can enjoy interesting storefronts at
ground level with benches, public art, on-street parking and wide sidewalks, creating an
appealing streetscape. Large parking areas and other auto-oriented land uses are
typically located at the edges.

The applicants request is consistent with the forwardDallas! Vision and further complies
with the following goals and policies of the Comprehensive Plan.

LAND USE ELEMENT

GOAL 1.2 PROMOTE DESIRED DEVELOPMENT

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

Z112-265 (MW)

4
URBAN DESIGN ELEMENT

GOAL 5.1: PROMOTE A SENSE OF PLACE, SAFETY AND WALKABILITY
Policy 5.1.1 Promote pedestrian-friendly streetscapes.

Policy 5.1.3 Encourage complementary building height, scale, design and
character.

GOAL 5.3 ESTABLISHING WALK-TO CONVENIENCE

Policy 5.3.1 Encourage a balance of land uses within walking distance of each
other.

Land Use Compatibility:

The 26.754-acre request site is developed with multi-story office buildings with surface
parking; the northeastern portion of the site is undeveloped. A Planned Development
District is proposed on a 16.158-acre portion of the request site to accommodate a
retail development with design standards. A new subdistrict within PDD No. 305 is
proposed on a 10.596-acre portion of the request site to create a data center use and
associated parking ratio. This will allow existing office buildings to be utilized for that
purpose.

While the applicant intends to redevelop the 16.158-acre portion of the request site
with retail uses, the proposed planned development district allows for a mix of uses,
including multifamily residential, with design standards. To promote compatibility with
surrounding development, the applicant proposes to prohibit certain uses.

The proposed design standards are intended to ensure that continuous faades are
compatible with the surrounding area and to mitigate the potential negative impact of
continuous facades, while allowing creativity, flexibility, and variety in design. The
proposed design standards mirror the requirements of 51A-4.605 but would apply to all
non-residential uses, not just those that exceed 100,000 square feet of floor area. In
addition, the applicant proposes a few enhancements such as requiring three, rather
than two, design elements for rear faade walls. Proposed conditions also require the
primary and side facade walls to have a minimum of 75 percent brick, stone, or
simulated brick, stucco or stone materials (inclusive of fenestration) and limit textured
painted tilt-up concrete panels to no more than 25 percent of the area of the primary
facade wall and no more than 50 percent of the side facade walls.

The applicant intends for the existing buildings to remain on the 10.596-acre portion of
the request site and to be utilized as a data center. As proposed, a "data center" is
defined as in PDD No. 305 as a facility whose primary service is data processing and is
used to house computer systems and associated components, such as
telecommunications and storage systems, including but not limited to web hosting
organizations and internet service organizations.

Z112-265 (MW)

5
The request site is surrounded by multifamily and single family residential to the
northeast; warehouse uses, retail and multifamily residential to the southeast; office to
the southwest and multifamily residential to the northwest (across Central Expressway).

To further ensure compatibility with adjacent residential uses and to promote walkability,
the applicant proposes a 20-foot-wide landscape buffer along the Carroll Avenue and
North Central Expressway frontages. Except for signs, no structures or parking are
allowed in this landscape buffer. The buffer must contain large and small trees, a
minimum six-foot-wide pedestrian trail, and benches, trash receptacles and bicycle
parking at a minimum of one per 200 feet of trail frontage and pedestrian lighting at a
minimum of one per 75 feet of trail frontage.

Development Standards:

District
Setbacks
Density
FAR
Height
Lot
Coverage
Special
Standards
Primary Uses
Front Side/Rear
Existing
GO(A)
General office
15
20
adjacent to
residential
OTHER:
No Min.
4.0 FAR
270
20
stories
80%
Proximity
Slope
U-form
setback
Tower spacing
Visual
Intrusion
Office, lodging
limited retail &
personal service
uses
MU-3
Mixed use-3
15
20
adjacent to
residential
OTHER:
No Min.
3.2 FAR base
4.0 FAR maximum
+bonus for residential
270
20
stories
80%
Proximity
Slope
U-form
setback
Tower spacing
Visual
Intrusion
Office, retail &
personal service,
lodging, residential,
trade center
PDD No. 305
Subdistrict E
15
20
adjacent to
residential
OTHER:
No Min.
1.5 FAR residential
2.5 non-residential
270
20
stories
80%
Proximity
Slope
U-form
setback
Tower spacing
Visual
Intrusion
Office, retail &
personal service,
trade center
Proposed
PDD 15
20
adjacent to
residential
OTHER:
No Min.
3.2 FAR base
4.0 FAR maximum
+bonus for residential
270
20
stories
80%
Proximity
Slope
U-form
setback
Tower spacing
Visual
Intrusion
Office, retail &
personal service,
trade center
PDD No. 305
New Subdistrict
15
20
adjacent to
residential
OTHER:
No Min.
1.5 FAR residential
2.5 non-residential
270
20
stories
80%
Proximity
Slope
U-form
setback
Tower spacing
Visual
Intrusion
Office, retail &
personal service,
trade center

Traffic:

The Engineering Section of the Building Inspection Division of the Department of
Sustainable Development and Construction has reviewed the requested amendment
and determined that it will not significantly impact the surrounding roadway system.
Z112-265 (MW)

6
Parking:

Within the new Planned Development District, the applicant proposes off-street parking
requirements pursuant to 51A-4.200 of the Dallas Development Code with the
following exception:

No more than two rows of surface parking are allowed between a structure with
air-conditioned floor area and North Central Expressway if the structure is within
100 feet of North Central Expressway.

Within the new Subdistrict of Planned Development District No. 305, the applicant
proposes an off-street parking requirement of one space per 2,000 square feet of floor
area for a data center use. For all other uses, the parking and loading requirements of
PDD No. 305, Subdistrict E will apply. Pursuant to the existing provisions, a data center
would be classified as an office use and would require a maximum of one space for
each 366 square feet of floor area.

The applicant provided research performed by the City of Plano as part of a 2010
zoning ordinance amendment to create a data center use. The City of Plano now
requires one space per 1,000 square feet of floor area for the defined data center use.
However, other surrounding cities require parking for data centers according to their
office and warehouse components with parking ratios ranging from 1 space to 300
square feet of floor area to one space per 5,000 square feet of floor area. Staff supports
the applicants proposed parking ration for a data center use.

Landscaping and sidewalks:

Except as provided, landscaping must be provided in accordance with Article X of the
Dallas Development Code. The applicant proposes enhanced streetscape provisions
which require street trees at one tree per each thirty feet of street frontage with
provisions to allow for clustering.

The proposed PDD also includes provisions for parking lot landscaping, as well as for a
20-foot-wide landscape buffer and pedestrian trail with amenities along the Carroll
Avenue and North Central Expressway frontages.
Z112-265 (MW)

7
CPC Action: May 2, 2013

Motion: It was moved to recommend approval of 1) a Planned Development
District for MU-3 Mixed Use District uses, subject to a revised conceptual plan and
revised conditions on property zoned a GO(A) General Office District, an MU-3 (SAH)
Mixed Use District (Affordable) and a portion of Subdistrict E in Planned Development
District No. 305, Cityplace, on the northeast corner of North Central Expressway and
North Carroll Avenue and approval of 2) a new subdistrict on property zoned Subdistrict
E within Planned Development District No. 305 on the east side of Central Expressway
between North Carroll Avenue and North Haskell Avenue.

Maker: Wally
Second: Hinojosa
Result: Carried: 11 to 0

For: 11 - Wally, Anglin, Rodgers, Hinojosa, Bagley, Lavallaisaa,
Tarpley, Bernbaum, Schwartz, Ridley, Alcantar

Against: 0
Absent: 4 - Davis, Culbreath, Shellene, Wolfish
Vacancy: 0

Notices: Area: 500 Mailed: 74
Replies: For: 6 Against: 3

Speakers: None

Z112-265 (MW)

8
List of Partners/Principals/Officers:

Applicant: TCDFW Development, Inc.
Title Name
Chief Executive Officer Adam Saphier
President Adam Saphier
Executive Vice President J ames H. Matoushek
Executive Vice President J ohn A. Stirek
Executive Vice President Mark C. Allyn
Executive Vice President Matthew J . Nickels, III
Executive Vice President Michael S. Duffy
Executive Vice President Scott A. Dyche
Executive Vice President T. Christopher Roth
Senior Vice President J oel Behrens
Vice President S. Denton Walker, III
Vice President Scott A. Krikorian
Secretary Rebecca M. Savino
Assistant Secretary Scott A. Dyche
Treasurer J ames H. Matoushek
Director Michael S. Duffy
Director Scott A. Dyche

Z112-265 (MW)

9
Owner: Xerox Business Services, LLC.
Z112-265 (MW)

10
CPC Recommended Conditions
Z112-265

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 southeast corner of Carroll
Avenue and North Central Expressway. The size of PD ______ is approximately 16.158
acres.

SEC. 51P-.103. DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A
apply to this article. In this article:

(1) BAIL BOND OFFICE means an office or other establishment any
part of which consists of the issuance, brokerage, or procurement of bail bonds.

(2) TATTOO OR BODY-PIERCING STUDIO means an establishment
in which tattooing is performed, or body piercing for the purpose of wearing jewelry in
the pierced body part (for any body part other than earlobes) 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.

(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-.104. EXHIBITS.

The following exhibit is incorporated into this article: Exhibit ___A: conceptual plan.

SEC. 51p-.105. CONCEPTUAL PLAN.

(a) Development and use of the Property must comply with the conceptual
plan (Exhibit ____A), except that the director may approve alternate locations for
ingress/egress if the Texas Department of Transportation does not approve the
locations indicated on the conceptual plan. The conceptual plan shows the approximate
location of main driveways to be located within the Property and the proposed
ingress/egress points; the final location of the ingress/egress points and main driveways
to be constructed within the Property shall be shown on the development plan.
Z112-265 (MW)

11
(b) If there is a conflict between the text of this article and the conceptual
plan, the text of this article controls.

SEC. 51P-.106. DEVELOPMENT PLAN.

A development plan must be approved by the city plan commission prior to the
issuance of any building permit to authorize work in this district, except that a
development plan is not required before the issuance of a building permit for grading,
drainage, demolition, tree removal, or utility work.

SEC. 51P-.107. MAIN USES PERMITTED.

(a) Except as provided in this section, the only main uses permitted are those
main uses permitted in the MU-3 Mixed Use District, subject to the same conditions
applicable in the MU-3 Mixed Use District, as set out in Chapter 51A. For example, a
use permitted in the MU-3 Mixed Use 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 MU-3 Mixed Use District is subject to DIR in this district, etc.

(b) The following additional uses are permitted on the Property:
-- Home improvement center, lumber, brick or building materials sales
yard. [outside storage is limited to a maximum of 10,000 square feet]

(c) The following uses are prohibited on the Property:

(1) Agricultural uses.
-- Crop production.

(2) Commercial and business service uses.
-- Labor hall.

(3) Industrial uses.
-- Temporary concrete or asphalt batching plant.

(4) Institutional and community service uses.
-- Cemetery or mausoleum.
-- College, university or seminary.
-- Community service center.
-- Convent or monastery.
-- Halfway house.
-- Open-enrollment charter school or private school.

(5) Lodging uses.
-- Overnight general purpose shelter.

(6) Miscellaneous uses.
Z112-265 (MW)

12
-- Attached non-premise sign.
-- Carnival or circus (temporary).

(7) Office uses.
-- Alternative financial establishment.
-- Bail bond office.

(8) Recreation uses.
-- Country club with private membership.

(9) Residential uses.
-- College dormitory, fraternity, or sorority house.

(10) Retail and personal service uses.
-- Car wash.
-- Commercial parking lot or garage.
-- Mortuary, funeral home, or commercial wedding chapel.
-- Swap or buy shop.
-- Tattoo or body-piercing studio.

(11) Transportation uses.
-- Heliport.
-- Railroad passenger station.
-- Transit passenger station or transfer center.

(12) Wholesale, distribution and storage uses.
-- Mini-warehouse.
-- Recycling buy-back center.

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 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 specific accessory uses are not permitted:
-- Accessory helistop.
-- Accessory medical/infectious 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. In the event of a conflict
between this section and Division 51A-4.400, this section controls.)

Z112-265 (MW)

13
(a) In general. Except as provided in this section, and as shown on the
conceptual plan (Exhibit A), the yard, lot, and space regulations of the MU-3 District
apply.

(b) Carroll Avenue and North Central Expressway landscape buffer. The
minimum landscape buffer along Carroll Avenue and North Central Expressway is 20
feet. Except for signs, no structures or parking are allowed in this landscape buffer.
The buffer may be provided in accordance with Section 51P-110(i)(5)and must contain
large and small trees, a minimum six-foot-wide pedestrian trail, and the following
pedestrian amenities:

(1) Benches at a minimum of one per 200 feet of trail frontage;

(2) Trash receptacles at a minimum of one per 200 feet of trail
frontage;
(3) Bicycle parking at a minimum of one five-bicycle rack per 200 feet
of trail frontage; and

(4) Pedestrian lighting at a minimum of one per 75 feet of trail frontage.

SEC. 51P-.110. MULTI-FAMILY DESIGN STANDARDS.

(a) Purpose. Continuous facades along pedestrian-oriented streets often have
negative impacts on community aesthetics, pedestrian circulation, and the scale and
rhythm of streetscapes. These design standards apply to multifamily development and
are intended to ensure that continuous facades that are located along well-traveled
pedestrian ways are compatible with the surrounding area and mitigate the negative
impact of continuous facades, while allowing creativity, flexibility, and variety in design.

(b) Facade walls. Facade walls facing a public right-of-way must incorporate
at least two of the design elements listed in this subsection. The cumulative length of
these design elements must extend for at least 60 percent of the facade wall's
horizontal length.

(1) A repeating pattern of wall recesses and projections, such as bays,
offsets, reveals, or projecting ribs, that has a relief of at least eight inches.

(2) Trim, molding, or accent elements using decorative contrasting
colors of at least five percent of the area of the facade wall.

(3) At least three of the following design elements at the primary
entrance, so that the primary entrance is architecturally prominent and clearly visible
from the abutting street:

(A) Architectural details such as arches, friezes, tile work,
murals, or moldings.

Z112-265 (MW)

14
(B) Integral planters or wing walls that incorporate landscaping
or seating.

(C) Enhanced exterior light fixtures such as wall sconces, light
coves with concealed light sources, ground-mounted accent lights, or decorative
pedestal lights.

(D) Prominent three-dimensional features, such as belfries,
chimneys, clock towers, domes, spires, steeples, towers, or turrets.

(E) Awnings or lintels.

(4) A repeating pattern of pilasters projecting from the facade wall by a
minimum of eight inches or architectural or decorative columns.

(5) Display windows, faux windows, or decorative windows.

(6) Arcades, awnings, canopies, covered walkways, or porticos.

(7) Any other comparable design elements approved by the building
official.

(c) Facade wall changes. Facade walls must have one or more of the
following:

(1) Changes of color, texture, or material, either diagonally,
horizontally, or vertically, at intervals of not less than 20 feet and not more than 100
feet.
(2) Changes in plane with a depth of at least 24 inches, either
diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more
than 100 feet.

(d) Materials.

(1) The exterior facade walls, exclusive of fenestration, must be
constructed of at least 80 percent masonry. Masonry includes stone, brick, concrete,
stucco, hollow clay tile, cementitious fiber siding, decorative concrete blocks or tile,
glass block, other similar building materials, or a combination of those materials. For
purposes of this provision, Exterior Finish Insulations System (EFIS) materials are not
considered masonry. Textured painted tilt wall may be used on no more than 20
percent of the area of the facade walls.

(2) When adjacent to or visible from a public right-of-way, exterior
parking structure facades must be constructed in a way that is similar in materials,
architecture, and appearance to the facade of the main structure or the adjacent
structure, except that breaks in the exterior parking structure facade not exceeding 40
feet in width are permitted at driveway and entryway locations. Openings in the exterior
parking structure facade may not exceed 50 percent of the total parking structure
Z112-265 (MW)

15
facade area. Except garage entrances and exits, openings in parking structure facades
that are visible from an adjacent public right-of-way may not exceed 45 percent of the
total parking structure.

(e) Roofs.

(1) Roof-mounted mechanical equipment, skylights, and solar panels
must be screened or set back so they are not visible from a point 5.5 feet above grade
at the property line. Screening materials must be compatible with the materials and
colors used on the main building. Chainlink fences may not be used as a screening
material.

(2) Roofs must have at least one of the following design elements:

(A) Parapets having a rhythmic pattern and detailing such as
cornices, moldings, trim, or variations in brick coursing.

(B) Sloping roofs with the following design elements:

(i) Slope of at least 5:12.

(ii) Two or more slope planes.

(iii) Sloping roofs must be either asphalt composition
shingles, metal standing seam, clay tiles, concrete tiles, or similar materials.

(iv) Overhanging eaves extending at least two feet
beyond the supporting wall.

SEC. 51P-.111. NON-RESIDENTIAL DESIGN STANDARDS.

(a) In general. These design standards apply to all non-residential uses.
These design standards are in lieu of the design standards for large retail uses in
Section 51A-4.605, even if the use is 100,000 square feet or more.

(b) Relationship to Article X. The landscape requirements of these design
standards may be used to satisfy any landscaping required by Article X.

(c) Conflict. If this section conflicts with any other requirements in this article,
the other requirements control.

(d) Definitions. The following definitions apply to this section:

(1) COVERED MALL BUILDING means a single building enclosing 10
or more retail, personal service, and office uses that have access into a climate-
controlled common pedestrian area.

Z112-265 (MW)

16
(2) FACADE WALL means any separate face of a building, including
parapet walls and omitted wall lines, or any part of a building that encloses usable
space. Where separate faces are oriented in the same direction, or in the directions
within 45 degrees of one another, they are considered as part of a single facade wall.

(3) FRONT PARKING AREA means, for developments with a single
use, the area in front of a line parallel to and extending outward from the primary facade
wall to the Property lines, and means, for developments with multiple uses, the area
between two lines at the corners of the primary facade wall and perpendicular to the
primary facade wall and extending to the Property line.

(4) PRIMARY FACADE WALL means the facade wall containing the
primary entrance. If two or more facades walls have entrances of equal significance,
each facade wall will be considered a primary facade wall.

(5) REAR FACADE WALL means the facade wall containing service
areas.

(6) SIDE FACADE WALL means any facade wall that is not a primary
facade wall or a rear facade wall.

(7) SERVICE AREA means any area for loading docks, outdoor
storage (other than an outdoor display, sales, and storage area), trash collection or
compaction, truck parking, or other similar functions.

(e) Facade walls. Primary, side and rear facade walls must incorporate at
least three of the following design elements. Rear facade walls must incorporate at least
two of the following design elements. The cumulative length of these design elements
must extend for at least 60 percent of the facade walls horizontal length.

(1) A repeating pattern of wall recesses and projections, such as bays,
offsets, reveals, or projecting ribs, that has a relief of at least eight inches.

(2) At least three of the following design elements at the primary
entrance, so that the primary entrance is architecturally prominent and clearly visible
from the abutting street:

(A) Architectural details such as arches, friezes, tile work,
murals, or moldings.

(B) Integral planters or wing walls that incorporate landscaping
or seating.

(C) Enhanced exterior light fixtures such as wall sconces, light
coves with concealed light sources, ground-mounted accent lights, or decorative
pedestal lights.

Z112-265 (MW)

17
(D) Prominent three-dimensional features, such as belfries,
chimneys, clock towers, domes, spires, steeples, towers, or turrets.

(E) A repeating pattern of pilasters projecting from the facade
wall by a minimum of eight inches or architectural or decorative columns.

(3) Arcades, awnings, canopies, covered walkways, or porticos.

(4) Display windows, faux windows, or decorative windows.

(5) Trim or accent elements using decorative contrasting colors or
decorative neon lighting of at least 10 percent of the area of the facade wall exclusive of
fenestration.

(f) Facade wall changes. Facade walls must have a one or more of the
following changes:

(1) Changes of color, texture, or material, either diagonally,
horizontally, or vertically, at intervals of not less than 20 feet and not more than 100
feet.

(2) Changes in plane with a depth of at least 24 inches, either
diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more
than 100 feet.

(g) Materials and colors.

(1) No more than 75 percent of the area of a facade wall, exclusive of
fenestration, may have a single material or color. Textured painted tilt wall may be used
on no more than 25 percent of the area of the primary facade walls and 50 percent of
the side facade walls.

(2) The primary faade wall and side faade walls must have a
minimum of 75 percent brick, stone, or simulated brick, stucco or stone materials
exclusive of fenestration.

(h) Roofs.

(1) Roof-mounted mechanical equipment, skylights, and solar panels
must be screened or set back so they are not visible from a point five feet, six inches
above grade at the Property line. Screening materials must match the materials and
colors used on the main building. Chain-link fences may not be used as a screening
material.


(A) Parapets with horizontal tops having height changes of at
least one foot occurring horizontally no less than every 100 feet. Parapets that do not
have horizontal tops must have pitched or rounded tops with a pattern that repeats or
Z112-265 (MW)

18
varies no less than every 100 feet. All parapets must have detailing such as cornices,
moldings, trim, or variations in brick coursing.

(B) Sloping roofs with at least two of the following design
elements:



(iii) Overhanging eaves extending at least three feet
beyond the supporting wall.

(3) All sloping roofs, if provided, shall be either metal standing seam,
clay tiles, concrete tiles, or similar materials.

(i) Parking lots and landscaping.

(1) Landscaped islands of a minimum of 160 square feet per row of
cars must be placed at both ends of each grouping of parking rows. Landscape islands
of a minimum of 160 square feet are required for every 30 parking spaces located in a
parking row. Landscaped islands must have ground cover and trees or shrubs. These
regulations do not apply to structured or below grade parking.

(2) Parking lots must be divided into sections containing no more than
120 parking spaces. Parking lot sections must be divided by landscaped dividers with a
minimum width of five feet. Landscaped dividers must have trees spaced at a maximum
of 30 feet on center and ground cover or shrubs. Parking lot sections may contain up to
150 parking spaces if, in addition to the landscaped divider, each grouping of parking
rows is divided by a landscape island of a minimum of 20 square feet per row of cars.
Landscaped islands must have ground cover and trees or shrubs. These regulations do
not apply to structured or below grade parking.

(3) No more than two-thirds of the off-street parking spaces may be
located in the front parking area. If more than 50 percent of a parking space is within the
front parking area, then that parking space shall be counted as being within the front
parking area. The two-thirds limitation on off-street parking within the front parking area
may be exceeded if one additional tree beyond the requirements of these design
standards is provided within the front parking area for every 15 off-street additional
parking spaces or fraction thereof located within the front parking area.

(4) Parking lots must have a pedestrian pathway system distinguished
from the parking and driving surface by landscape barriers or a change in surface
materials such as pavers or patterned concrete. Pedestrian pathways may be
distinguished by paint alone. Pedestrian pathways must be a minimum of six feet wide.
Pedestrian pathways must connect mass transit stops, parking areas, public sidewalks,
and public rights-of-way to the primary entrance.

Z112-265 (MW)

19
(5) A landscaped buffer strip with a minimum width of 20 feet must be
located between any parking area and any public right-of-way other than alleys. The
landscape buffer may be interrupted by vehicular and pedestrian access areas. The
landscape buffer strip may be located in whole or in part in the public right-of-way if the
requirements of Chapter 43 of the Dallas City Code are met. The landscape buffer strip
must have trees and a berm with a minimum height of three feet. If the topography
prevents installation of a berm, an evergreen hedge with a minimum height of three feet
may be substituted. If the evergreen hedge is substituted, the hedge must reach three
feet in height within 36 months of planting. The number of trees required for the
landscape buffer shall be determined by dividing the length of street frontage by 30.
The trees in the landscape buffer may be grouped to create natural stands. These
trees may be spaced at a maximum of 50 feet on center and a minimum of 25 feet on
center. A landscape buffer tree shall also count as a street tree. Parking lots that must
be screened from Carroll Avenue and North Central Expressway may be screened with
a solid hedge capable of reaching a height of three feet within three years of planting, a
three-foot-high solid wall, or berm.

(6) Trees spaced at a maximum of 30 feet on center must be provided
within 20 feet of the primary facade wall and one side facade wall for at least 50 percent
of the length of each side facade wall. Trees may be located in the public right-of-way if
the requirements of Chapter 43 of the Dallas City Code are met. Trees must be planted
in a landscape strip with a minimum width of five feet or in tree wells with minimum
dimensions of five feet by five feet.

(7) Shopping cart storage areas at grade surface parking lots must be
screened with landscaping along the length of the shopping cart storage area facing any
public right-of-way.
(j) Additional design standards.

(1) Service areas must be oriented so that they are not visible from a
point five and one-half feet above grade from abutting public rights-of-way or residential
zoning districts, or must be screened from abutting public rights-of-way or residential
zoning districts by solid masonry screening with a minimum height of eight feet
extending the entire length of the service area.

(2) Automotive service bays must be oriented away from any public
right-of-way or residential zoning district, unless screened from view with solid masonry
or solid evergreen landscape screening with a minimum height of eight feet extending
the entire length of the automotive service bays.

(3) Mechanical equipment on the ground must be screened using
materials matching the materials and colors used on the main building. Chain link fence
may not be used as a screening material.

(4) Except for seasonal displays for a use with less than 100,000
square feet relating to national holidays or the four seasons, merchandise may not be
Z112-265 (MW)

20
displayed or stored in parking areas or on sidewalks adjacent to facade walls, except in
screened outdoor display, sales, and storage areas.

(5) Outdoor display, sales, and storage areas, such as nursery
departments, must be enclosed by screening with a solid base with a minimum height of
three feet surmounted by a wrought iron or tubular steel fence with a minimum height of
five feet. The screening must be surmounted with a minimum of two feet of facia with
materials and colors consitsent with the main building. No merchandise other than trees
may be visible above the screening.

(6) Shopping cart storage areas adjacent to facade walls (not in
parking lots) must be screened with landscaping or materials matching the materials of
the primary facade wall. No more than two shopping cart storage areas (one on each
side of an entrance) may be provided on any facade wall. Shopping cart storage areas
may not exceed 30 feet in length.

(7) If the use is within 300 feet of a single family residential zoning
district containing a residential use, other than this district, the following restrictions
apply. For purposes of this provision, measurements are made in a straight line, without
regard to intervening structures or objects, from the nearest boundary of the lot where
the use is conducted to the nearest boundary of the zoning district in issue.

(A) External speakers are prohibited.

(B) Staging, loading, or idling of commercial vehicles in a service
area is prohibited between the hours of 10:00 p.m. and 7:00 a.m. Signs prohibiting
staging, loading, or idling of commercial vehicles between the hours of 10:00 p.m. and
7:00 a.m. must be posted every 100 feet adjacent to the service area.

(C) An external lighting plan demonstrating compliance with all
city ordinances must be submitted to and approved by the building official prior to the
issuance of a building permit for new construction, a building permit to expand to
100,000 square feet or more, or a certificate of occupancy.

(8) The following driveway enhancements must be provided:

(A) Ingress/egress points to the Property must have a change in
surface materials such as pavers, bricks, or patterned concrete with color. This special
paving must have a minimum length of 20 feet, starting at the Property line, and must
span the entire width of the driveway throat (from edge of gutter to edge of gutter).
Stained concrete does not comply with this provision.

(B) The intersections of main driveways must have enhanced
paving such as concrete pavers, pattered concrete with color, brick, stone, landscape
islands, or similar feature or materials.

(C) Main driveways must have one tree for every 30 linear feet
of driveway. Trees must be a minimum two and one-half caliper inches at the time of
Z112-265 (MW)

21
planting and may be planted in naturalized clusters along the driveway. All trees must
be located within 35 feet of the paved driveway.

(D) Main driveways must have a minimum six-foot-wide sidewalk
on one side of the drive within 20 feet of the driveway pavement. Benches, at a
minimum of one (1) per 75 linear feet of driveway length, must be located along the
sidewalk.

(E) Pedestrian lighting with decorative fixtures must be installed
along both sides of the main driveways, and located within 25 feet of the driveway
pavement.

(9) Throughout the Property, all pedestrian walkways that cross
vehicular circulation routes must be clearly marked with enhanced paving and signage
or other traffic calming devices such as speed bumps. Stained concrete does comply
with this provision.

(10) Awnings, canopies, arcades, or similar features must be provided
at all main building entrances of buildings located on the Property. If the main building
entrance is located within a parking structure this provision does not apply.

(11) Sidewalks with a minimum width of six feet must be provided along
the primary faade wall of all structures with air-conditioned space.

(k) Variations and exceptions. The city plan commission, whether or not a
specific use permit is required, may approve a development plan that does not comply
with the requirements of these design standards provided that the city plan commission
finds that:

(1) strict compliance with these design standards is impractical due to
site constraints or would result in substantial hardship;

(2) the site plan complies with the spirit and intent of these design
standards;

(3) the site plan furthers the purpose of design standards as stated in
Paragraph 51A-4.605(a)(1); and

(4) the variation or exception from these design standards will not
adversely affect surrounding properties.

(l) The city plan commission shall follow the same procedure used for
approval of minor amendments to development plans and the fee for a minor
amendment shall apply.

Z112-265 (MW)

22
SEC. 51P-.112. 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.
Consult Division 51A-4.300 for information regarding off street parking and loading
generally. For parking purposes the entire district is considered as one lot.

(b) No more than two rows of surface parking is allowed between a structure
with air-conditioned floor area and North Central Expressway if the structure is within
100 feet of North Central Expressway.

SEC. 51P-.113. ENVIRONMENTAL PERFORMANCE STANDARDS.

See Article VI.

SEC. 51P-.114. LANDSCAPING.

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

(1) The number of street trees required for the Property is determined
by dividing the length of street frontage by 30. Street trees must be planted within 25
feet of the street curb and must have a minimum caliper inch of four inches. If this 25-
foot-area falls entirely within the right-of-way, the trees must be placed within the
landscape buffer area. Street trees must be spaced at a maximum of 50 feet apart on
center and a minimum of 25 feet apart on center, except when ingress or egress points
or visibility triangles prohibit trees. A street tree may also be a landscape buffer tree.

(2) All parking lots within 100 feet of public streets must be screened
by a three-foot-high vegetative screen, berm, or solid wall. Plant material must be
spaced in a manner, and be planted at a size large enough, to fulfill this requirement
within three years of planting.

(3) Plant materials may not be installed until a landscape irrigation
system has been installed and is operating with 100 percent coverage of the proposed
landscape areas.

(b) All plant materials must be maintained in a healthy, growing condition.

(c) The parking lot tree requirements in Section 51A-10.125(b)(5) do not
apply to parking spaces located within a parking structure.

(d) The parking lot and landscaping requirements in this article do not apply to
parking structures.
Z112-265 (MW)

23
SEC. 51P-115. TREE MITIGATION.

(a) To qualify for a reduction in the number of replacement trees, the Building
Official must determine that the tree protection requirements in Article X have been met.

(b) To preserve existing tree canopies, existing large trees with a caliper of 20
inches or greater may reduce the number of replacement inches by a factor of 1.5. For
example, a tree with a caliper of 20 inches that is preserved reduces the tree
replacement requirement by 30 caliper inches. Trees must be protected prior to and
during construction with the minimum standards approved by Article X. Any credits are
subject to inspection by the arborist.

(c) If the Property owner provides the building official with a performance
bond or a letter of credit in the amount of the total cost of purchasing and planting
replacement trees, the building official may permit the Property owner up to 36 months
to plant the replacement trees.

(d) Tree mitigation is not required for trees within 10 feet from a building wall.

SEC. 51P-.114. SIGNS.

In general. Except as provided in this article, signs must comply with the
provisions for business zoning districts in Article VII.

SEC. 51P-.115. 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) Buildings existing at the time of adoption of this ordinance shall be
considered conforming with respect to building setbacks.

SEC. 51P-116. COMPLIANCE WITH CONDITIONS.

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

(b) The building official shall not issue a building permit to authorize work, or a
certificate of occupancy to authorize the operation of a use, until there has been full
compliance with this article, the Dallas Development Code, the construction codes, and
all other ordinances, rules, and regulations of the city.

Z112-265 (MW)

24
Proposed Conceptual Plan
Z112-265 (MW)

25
Z112-265 (MW)

26
Multifamily
Single family
Office
Warehouses
Multifamily/
retail
Multifamily
School
Z112-265 (MW)

27
1
2
3
Z112-265 (MW)

28
CPC Responses
Z112-265 (MW)

29
5/2/2013

Reply List of Property Owners
Z112-265
74 Property Owners Notified 6 Property Owners in Favor 3 Property Owners Opposed

Reply Label # Address Owner
1 4410 ATOKA ST HERRERA HORTENCIA
2 4420 ATOKA ST AFFILIATED COMPUTER SVC
3 2921 LEMMON AVE BLACKBURN CENTRAL
4 3925 CENTRAL EXPY JLB CITYPLACE LP
5 3966 MCKINNEY AVE CORPORATION OF EPISCOPAL
6 3966 MCKINNEY AVE CHURCH OF INCARNATION
7 4016 MCKINNEY AVE CORPORATION OF EPISCOPAL
8 4035 CENTRAL EXPY TEXAS CONFERENCE ASSN OF
9 4009 CENTRAL EXPY TEXAS CONFERENCE ASSN
10 4619 COLES MANOR PL DOUGLAS JOHN
11 2602 CALVIN ST MEZA ENRIQUE M &
12 2608 CALVIN ST VALDEZ VIOLETA
13 2614 CALVIN ST MEZA TOMASA &
14 4608 COLES MANOR PL RODRIGUEZ JOSE V & OLIVA
15 4616 COLES MANOR PL DELAY INVESTMENTS LLC
16 4622 COLES MANOR PL ESCOBEDO ANDRES MARTINEZ
17 4609 MANETT ST MONTOYA EVAN PIERCE
18 2510 CALVIN ST MONTOYA JOSE &
19 2516 CALVIN ST PARVEEN TAHZEEBA
20 2506 CARROLL AVE NGO VUI MANH &
21 2512 CARROLL AVE YEPEZ MARLENE
22 2520 CARROLL AVE VENEGAS PROPERTIES
23 4512 BELMONT AVE MEZA AIDA F
X 24 4516 BELMONT AVE RILEY PATRICIA
25 4522 BELMONT AVE VAZQUEZ ARNULFO CORONADO
26 2610 CARROLL AVE HSIANG YUEHYUE &
Z112-265 (MW)

30
5/2/2013

27 2614 CARROLL AVE HERNANDEZ SANTIAGO DOROTEO
O 28 2618 CARROLL AVE NICHOLS M R
O 29 2624 CARROLL AVE LEWIS DORIS DIANE
30 2702 CARROLL AVE HUY KOK &
31 2706 CARROLL AVE SOLARES GEORGE
32 2710 CARROLL AVE E S INTERESTS LLC
33 2714 CARROLL AVE SHAW DAVID LEE
34 4510 COLES MANOR PL J PAT PROPERTIES INC
35 2629 CALVIN ST MILLER CHANCE AMEDIO
36 2621 CALVIN ST NGUYEN SPRING
37 2617 CALVIN ST ROMO RICHARD G
38 2613 CALVIN ST YEPEZ MIGUEL EDMUNDO
39 2607 CALVIN ST GARCIA RUNDINA &
40 2603 CALVIN ST MARTINEZ JUAN M
O 41 2521 CALVIN ST HOLMES JOHN B
42 2517 CALVIN ST HINKLE FAMILY REVOCABLE
X 43 4523 BELMONT AVE ASTMANN ANDREW K
44 4517 BELMONT AVE ELIZONDO EGLANTINA Q
O 45 4513 BELMONT AVE WALDIE CLARENCE W
O 46 4509 BELMONT AVE NGUYEN DIEM CHI THI
X 47 4503 BELMONT AVE ALVAREZ REFUGIO &
48 4040 CENTRAL EXPY SDC 4040 N CENTRAL INC
49 2800 CARROLL AVE THC RESIDENCES AT CITYPLACE LLC
50 4030 CENTRAL EXPY RESIDENCES AT CITYPLACE LLC THE
51 4301 BELMONT AVE MADRIGAL RAFAEL
52 4311 BELMONT AVE BARCUS CYRUS E JR
53 4319 BELMONT AVE BELMONT STUDIOS LLC
54 4325 BELMONT AVE MJRP CORPORATOIN ET AL
55 4329 BELMONT AVE MOTT W E JR SPOUSAL TRUST
56 4331 BELMONT AVE MILAM CARLTON
57 4405 BELMONT AVE MM WHITETAIL PPTIES LP
Z112-265 (MW)

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5/2/2013

58 4409 BELMONT AVE CORBELL FAMILY TRUST
59 4407 BELMONT AVE MM WHITETAIL PPTIES LP
60 4411 BELMONT AVE CORBEIL FAMILY TRUST
61 4415 BELMONT AVE REEVES GEORGE
62 4417 BELMONT AVE BOYD KYLE SCOTT & BETSEY JILL
TRUSTEES
63 2609 CARROLL AVE MONTGOMERY CLINTON LINN
O 64 2603 CARROLL AVE EZ CLEANING SOLUTIONS INC
65 2601 CARROLL AVE REEVES GROUP LTD
66 2417 HASKELL AVE DAYTON HUDSON CORP
67 2711 HASKELL AVE DALLAS CPT FEE OWNER LP
68 3504 CENTRAL EXPY BLACKBURN CENTRAL
69 2660 HASKELL AVE CITYVILLE DALLAS HASKELL
70 2600 HASKELL AVE KROGER TEXAS LP
71 3000 BLACKBURN ST LOADSTAR INC
72 4001 CAPITAL AVE Dallas ISD
73 3930 MCKINNEY AVE CRITERION MCKINNEY NOBEL APTS LP
74 2802 CARROLL AVE CRESTMARC LINDEN LLC

130917
522-13
ORDINANCENO. 290
1 9
An ordinance changing the zoning classification on the following property:
BEING a tract of land in City Block 18/2006; fronting approximately 690 feet on the east line of
North Central Expressway; fronting approximately 870 feet on the south line of Carroll Avenue;
and containing approximately 16.158 acres,
from a GO(A) General Office District, an MU-3(SAH) Mixed Use District, and Subdistrict E
within Planned Development District 305 to Planned Development District No. 889; amending
Chapter 51P, Dallas Development Code: Planned Development District Regulations, of the
Dallas City Code by creating a new Article 889; establishing use regulations and development
standards for this planned development district; providing a new property description for Tract B
of Planned Development District No. 305; providing a penalty not to exceed $2,000; providing a
saving clause; providing a severability clause; and providing an effective date.
WHEREAS, the city plan commission and the city council, in accordance with the
Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given
the required notices and have held the required public hearings regarding the rezoning of the
property described in this ordinance; and
WHEREAS, the city council finds that it is in the public interest to establish this planned
development district; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
29019
130917
SECTION 1. That the zoning classification is changed from a GO(A) General Office
District, an MU-3(SAH) Mixed Use District, and Subdistrict E within Planned Development
District 305 to Planned Development District No. 889 on the property described in Exhibit A,
which is attached to and made a part of this ordinance (the Property).
SECTION 2. That Section 51P-305.102, Property Location and Size, of Article 305,
PD 305, Cityplace, of CHAPTER 51P, DALLAS DEVELOPMENT CODE: PLANNED
DEVELOPMENT DISTRICT REGULATIONS, of the Dallas City Code, as amended, is
amended to read as follows:
SEC. 51P-305.102. PROPERTY LOCATION AiND SIZE.
PD 305 is established on property generally located on both sides of North Central
Expressway between the area south of Carroll Avenue on the north and Thomas Avenue on the
south. The size of PD 305 is approximately 175.89 [160.9862] acres.
SECTION 3. That Chapter 51P, Dallas Development Code: Planned Development
District Regulations, of the Dallas City Code is amended by adding a new Article 889 to read as
follows:
ARTICLE 889.
PD 889.
SEC. 51P-889.1O1. LEGISLATIVE HISTORY.
PD 889 was established by Ordinance No., Lassed by the Dallas City Council on
Max 22. 2013.
SEC. 51P889.1O2. PROPERTY LOCATION AND SIZE.
PD 889 is established on property located on the southeast corner of Carroll Avenue and
North Central Expressway. The size of PD 889 is approximately 16.158 acres.
29019
130917
SEC. 51P-889.103. DEFINITIONS AND INTERPRETATIONS.
(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply
to this article. In this article:
(1) BAIL BOND OFFICE means an office or other establishment any part of
which consists of the issuance, brokerage, or procurement of bail bonds.
(2) TATOO OR BODY-PIERCING STUDIO means an establishment in
which tattooing is performed, or body piercing for the purpose of wearing jewelry in the pierced
body part (for any body part other than earlobes) 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.
(b) Unless otherwise stated, all references to articles, divisions, or sections in this
article are to articles, divisions, or sections in Chapter 51 A.
(c) This district is considered to be a nonresidential zoning district.
SEC. 51P-889.104. EXhIBITS.
The following exhibit is incorporated into this article: Exhibit 889A: conceptual plan.
SEC. 51P-889.105. CONCEPTUAL PLAN.
(a) I)evelopment and use of the Property must comply with the conceptual plan
(Exhibit 889A), except that the director may approve alternate locations for ingress/egress if the
Texas Department of Transportation does not approve the locations indicated on the conceptual
plan. The conceptual plan shows the approximate location of main driveways to be located
within the Property and the proposed ingress/egress points; the final location of the
ingress/egress points and main driveways to be constructed within the Property must be shown
on the development plan.
(iO iT tpr s a rnnflict htwen eh tt of thic art1e and tp eoncenea1 nian thp
text at tnis ani je controls.
SEC. 51P-889.106. 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, except that a development plan is not
required before the issuance of a building permit for grading, drainage, demolition, tree removal,
or utility work,
130917
29019
SEC. 51P-889.107. MAIN USES PERMITTED.
(a) Except as provided in this section, the only main uses permitted are those main
uses permitted in the MU-3 Mixed Use District, subject to the same conditions applicable in the
MU-3 Mixed Use District, as set out in Chapter 51 A. For example, a use permitted in the MU-3
Mixed Use 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 MU-3 Mixed Use District is subject to
DIR in this district; etc.
(b) The following additional uses are permitted on the Property:
-- Home improvement center, lumber, brick or building materials
sales yard. [Outside storage is limited to a maximum of 10,000
squarefeet
j
(c) The following uses are prohibited on the Property:
(1) Agricultural uses.
-- Crop production.
(2) Commercial and business service uses.
-- Labor hail.
(3) Industrial uses.
Temporary concrete or asphalt batching plant.
(4) Insfitutional and community service uses.
Cemetery or mausoleum.
College, university, or seminary
Community service center.
convent or monastery.
Halfway house.
Open enrollment charter school.
Private school.
(5) Lodging uses.
Overnight general purpose shelter.
901
1J00 17
(6) Miscellaneous uses.
-- Attached non-premise sign.
-- Carnival or circus (temporary).
(7) Office uses.
-- Alternative financial establishment.
-- Bail bond office.
(8) Recreation uses.
-- Country club with private membership.
(9) Residential uses.
-- College dormitory, fraternity, or sorority house.
(10) Retail and personal service uses.
-- Car wash.
-- Commercial parking lot or garage.
-- Convenience store with drive-through.
-- Mortuary, funeral home, or commercial wedding chapel.
-- Swap or buy shop.
Tattoo or body-piercing studio.
(11) ortationuses
-- Heliport.
-- Railroad passenger station.
- Transit passenger station or transfer center.
(12) Wholesale, distribution, and_storaguses
Mni_warehniis
SEC. 51P-889.108. 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
subj ct to additional regulations in Section 1
A
4 217 For more ir ft rmation regarding
c r r u1tS t 5 2
13091
2901
(b) The following accessory uses are not permitted:
-- Accessory helistop.
-- Accessory medical/infectious waste incinerator.
SEC. 51P-889.109. YARD, LOT, AND SPACE REGULATIONS.
(Note: The yard, lot, and space regulations in this section must be read together with the
yard, lot, and space regulations in Division 51A-4.400. If there is a conflict between this section
and Division 51A-4.400, this section controls.)
(a) In general. Except as provided in this section, the yard, lot, and space regulations
for the MU-3 District apply.
(b) Carroll Avenue and North Central Expressway landscape buffer. The minimum
landscape buffer along Carroll Avenue and North Central Expressway is 20 feet. Except for
signs, and as provided in this subsection, no structures or parking are allowed in this landscape
buffer. The buffer may be provided in accordance with Section 5lP-889.1l4(c) and must
contain large and small trees, a minimum six-foot-wide pedestrian trail, and the following
pedestrian amenities:
(1) Benches at a minimum of one per 200 feet of pedestrian trail frontage;
(2) Trash receptacles at a minimum of one per 200 feet of pedestrian trail
frontage;
(3) Bicycle parking at a minimum of one five-bicycle rack per 200 feet of
pedestrian trail frontage; and
(4) Pedestrian lighting at a minimum of one per 75 feet of pedestrian trail
frontage.
(c) Buildings existing on May 22, 2013, he date of creation f ths district, shall be
w dred
tc
be wforming with respect to F
uilding setback A expansion of an existing
i a r g ii 5 0 1 ly an the yard, lot, and c r ulat o 15 0 t u s ic
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SEC. 51P-889.llO. MULTIFAMILY DESIGN STANDARD
(a) Purpose. Continuous facades along pedestrian-oriented streets often have
negative impacts on community aesthetics, pedestrian circulation, and the scale and rhythm of
streetscapes. These design standards apply to multifamily uses and are intended to ensure that
continuous facades that are located along well-traveled pedestrian ways are compatible with the
surrounding area and mitigate the negative impact of continuous facades, while allowing
creativity, flexibility, and variety in design.
(b) Facade walls. Facade walls facing a public rightof-way must incorporate at least
two of the design elements listed in this subsection. The cumulative length of these design
elements must extend for at least 60 percent of the facade walls horizontal length.
(1) A repeating pattern of wall recesses and projections, such as bays, offsets,
reveals, or projecting ribs, that have a relief of at least eight inches.
(2) Trim, molding, or accent elements using decorative contrasting colors on
at least five percent of the area of the facade wall.
(3) At least three of the following design elements at the primary entrance, so
that the primary entrance is architecturally prominent and clearly visible from the abutting street:
(A) Architectural details such as arches, friezes, tile work, murals, or
moldings.
(B) Integral planters or wing waIls that incorporate landscaping or
seating.
(C) Enhanced exterior light fixtures such as wail sconces, light coves
with concealed light sources, groundmounted accent lights, or decorative pedestal lights.
(D) Prominent three-dimensional features, such as belfries, chimneys,
clock towers, domes, spires, steeples, towers, or turrets,
(E) Awnings or lintels.
1P rprifincr nittrn rf nI
a k.& ii _J L&1 IL4%./L4%S% V4 11
minimum of eiah inches or architectural or decorative columns.
(G) Display windows, faux windows, or decorative windows.
(H) Arcades, awnings, canopies, covered walkways, or porticos.
(I) An other comparable design elements approved by the building
official.
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(c) Facade wall changes. Facade walls must have one or more of the following:
(1) Changes of color, texture, or material, either diagonally, horizontally, or
vertically, at intervals of not less than 20 feet and not more than 100 feet.
(2) Changes in plane with a depth of at least 24 inches, either diagonally,
horizontally, or vertically, at intervals of not less than 20 feet and not more than 100 feet.
(d) Materials. The exterior facade walls, exclusive of fenestration, must be
constructed of at least 80 percent masonry. Masonry includes stone, brick, concrete, stucco,
hollow clay tile, cementitious fiber siding, decorative concrete blocks or tile, glass block, other
similar building materials, or a combination of those materials. For purposes of this provision,
Exterior Finish Insulations System (EFIS) materials are not considered masonry. Textured
painted tilt wall maybe used on no more than 20 percent of the area of the facade walls.
(e) Garage facades.
(1) When adjacent to or visible from a public right-of-way, exterior parking
structure facades must be similar in materials, architecture, and appearance to the facade of the
main structure or the adjacent structure, except that breaks in the exterior parking structure
facade not exceeding 40 feet in width are permitted at driveway and entryway locations.
(2) Except as provided in this paragraph, openings in the exterior parking
structure facade may not exceed 50 percent of the total parking structure facade area. Openings
in parking structure facades that are visible from an adjacent public right-of-way may not exceed
45 percent of the total parking structure, excluding garage entrances and exits.
(f) Roofs.
(1) Roof-mounted mechanical equipment, skylights, and solar panels must be
screened or set back so that they are not visible from a point five-feet six-inches above grade at
the property line. Screening materials must be compatible with the materials and colors used on
the main building. Chain-link fences may not be used as a screening material.
(i ?3raoets haing a 1[Lm1L tattein and ]tad ng suc as nrn1Les
moldings, trim, or variations in brick coursing.
(B) Sloping roofs with the following design elements:
(ii) Two or more slope planes,
29 1
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(iii) Asphalt composition shingles, metal standing seam, clay
tiles, concrete tiles, or similar materials.
(iv) Overhanging eaves extending at least two feet beyond the
supporting wall.
SEC. 51P-889.ll1. NON-RESIDENTIAL DESIGN STANDARDS.
(a) In general. These design standards apply to all non-residential uses. These
design standards are in lieu of the design standards for large retail uses in Section 51A-4.605,
even if the use is 100,000 square feet or more.
(b) Relationship to Article X. The landscape requirements of these design
standards may be used to satisfy any landscaping required by Article X.
(c) Conflict. If this section conflicts with any other requirements in this article,
the other requirements control.
(d) Definitions. The following definitions apply to this section:
(1) COVERED MALL BUILDING means a single building enclosing 10 or
more retail, personal service, and office uses that have access into a climate-controlled common
pedestrian area.
(2) FACADE WALL means any separate face of a building, including parapet
walls and omitted wall lines, or any part of a building that encloses usable space. Where separate
faces are oriented in the same direction, or in directions within 45 degrees of one another, they
are considered as part of a single facade wall,
(3) FRONT PARKING AREA means, for developments with a single use, the
area in front of a line parallel to and extending outward from the primary facade wall to the
Property lines, and means for developments with multiple uses, the area between two lines at the
corners of the primary facade wall and perpendicular to the primary facade wall and extending to
the Property line
(4) RIMARY 1 ACADl V Y[ ic cadc wall containina th
primary entrance If two or more facades walls have entrances of equal significance, each facade
wall will be considered a primary facade wall.
(5) REAR FACADE WALL means the facade wall containing service areas.
(6) SIDE FACADE WALL means any facade wall that is not a primary
facade nail or a rear facade walL
29O1
(7) SERVICE AREA means any area for loading docks, outdoor storage
(other than an outdoor display, sales, and storage area), trash collection or compaction, truck
parking, or other similar functions.
(e) Facade walls. Primary, side, and rear facade walls must incorporate at least three
of the following design elements. The cumulative length of these design elements must extend
for at least 60 percent of the facade walls horizontal length.
(1) A repeating pattern of wall recesses and projections, such as bays, offsets,
reveals, or projecting ribs, that have a relief of at least eight inches.
(2) At least three of the following design elements at the primary entrance, so
that the primary entrance is architecturally prominent and clearly visible from the abutting street:
(A) Architectural details such as arches, friezes, tile work, murals, or
moldings.
(B) Integral planters or wing walls that incorporate landscaping or
seating.
(C) Enhanced exterior light fixtures such as wall sconces, light coves
with concealed light sources, ground-mounted accent lights, or decorative pedestal lights.
(D) Prominent three-dimensional features, such as belfries, chimneys,
clock towers, domes, spires, steeples, towers, or turrets,
(E) A repeating pattern of pilasters projecting from the facade wall by
a minimum of eight inches or architectural or decorative columns.
(F) Arcades, awnings, canopies, covered walkways, or porticos.
(G) Display windows, faux windows, or decorative windows.
(H) Trim or accent elements using decorative contrasting colors or
decorative neor lighting on at least 0 perccnt f thc area of the facade wall ex lusi e of
feilcQtratlnn
(f) Facadeji!es Facade walls must have one or more of the following
(1) Changes of color, texture, or material, either diagonally, horizontally, or
vertically, at intervals of not less than 20 feet and not more than 100 feet.
(2) Changes in plane ith a depth t at 1 ast 24 inches either diagonally
r II r 11 t t r i f ot if f t d r r 1 00 fc t
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n1
L/LJL 7
(g) Materials and colors.
(1) No more than 75 percent of the area of a facade wall, exclusive of
fenestration, may have a single material or color. Textured painted tilt wall may be used on no
more than 25 percent of the area of the primary facade walls and 50 percent of the side facade
walls.
(2) The primary facade wall and side facade walls, excluding fenestration,
must have a minimum of 75 percent brick, stone, masonry, simulated brick, stucco, or stone
materials.
(h) Roofs.
(1) Roof-mounted mechanical equipment, skylights, and solar panels must be
screened or set back so that they are not visible from a point five-feet six-inches above grade at
the property line. Screening materials must be compatible with the materials and colors used on
the main building. Chain-link fences may not be used as a screening material.
(A) Parapets with horizontal tops having height changes of at least one
foot occurring horizontally no less than every 100 feet. Parapets that do not have horizontal tops
must have pitched or rounded tops with a pattern that repeats or varies no less than every 100
feet. All parapets must have detailing such as cornices, moldings, trim, or variations in brick
coursing.
(B) Sloping roofs with at least two of the following design elements:
(iii) Overhanging eaves extending at least three feet beyond the
supporting wall.
Al] clnnna rnnfc f nrnyidpd rnct hp p-itl,pr me2l tndna
ti ,rc es u sirnihr ILa enais
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(i) Parking lots and landscaping.
(I) Landscaped islands of a minimum of 160 square feet per row of cars must
be placed at both ends of each grouping of parking rows. Additional landscape islands of a
minimum of 160 square feet are required for every 30 parking spaces located in a parking row.
Landscaped islands must have ground cover and trees or shrubs. This provision does not apply to
structured or below grade parking.
(2) Parking lots must be divided into sections containing no more than 120
parking spaces. Parking lot sections must be divided by landscaped dividers with a minimum
width of five feet. Landscaped dividers must have trees spaced at a maximum of 30 feet on
center and ground cover or shrubs. Parking lot sections may contain up to 150 parking spaces if,
in addition to the landscaped divider, each grouping of parking rows is divided by a landscape
island of a minimum of 20 square feet per row of cars. Landscaped islands must have ground
cover and trees or shrubs. This provision does not apply to structured or below grade parking.
(3) No more than two-thirds of the off-street parking spaces may be located in
the front parking area. If more than 50 percent of a parking space is within the front parking
area, then that parking space shall be counted as being within the front parking area. The two-
thirds limitation on off-street parking within the front parking area may be exceeded if one
additional tree beyond the requirements of these design standards is provided within the front
parking area for every 15 off-street additional parking spaces or fraction thereof located within
the front parking area.
(4) Parking lots must have a pedestrian pathway system distinguished from
the parking and driving surface by landscape barriers or a change in surface materials such as
payers or patterned concrete. Pedestrian pathways may be distinguished by paint alone.
Pedestrian pathways must be a minimum of six feet wide. Pedestrian pathways must coimect
mass transit stops, parking areas, public sidewalks, and public rights-of-way to the primary
entrance.
(5) A landscaped buffer strip with a minimum width of 20 feet must be
located between any parking area and any public right-of-way other than alleys. The landscape
buffer may be interrupted by vehicular and pedestrian access areas. The landscape buffer strip
may be located in whole or in part in the public right-of-way if the requirements of Chapter 43 of
the Dallas City Code are met. The landscape buffer strip must have trees and a berm with a
minimum height of three feet, If the topography prevents installation of a berm. an evergreen
hedge with a minimum height of three feet may be substituted. if the evergreen hedge is
substituted, the hedge must reach three feet in height within 36 months of planting. The number
of trees required for the landscape buffer shall be determined by dividing the length of street
frontage by 30. The trees in the landscape buffer may be grouped to create natural stands.
These trees may be spaced at a maximum of 50 feet on center and a minimum of 25 feet on
center. A landscape buffer tree shall also count as a street tree. Parking lots that must be screened
from Carroll Avenue and North Central Expressway may be screened with a solid hedge capable
of reaching a height of three feet within three years of planting, a three-foothigh solid wall, or
berm.
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(6) Trees spaced at a maximum of 30 feet on center must be provided within
20 feet of the primary facade wall and one side facade wall for at least 50 percent of the length of
each side facade wall. Trees may be located in the public right-of-way if the requirements of
Chapter 43 of the Dallas City Code are met. Trees must be planted in a landscape strip with a
minimum width of five feet or in tree wells with minimum dimensions of five feet by five feet.
(7) Shopping cart storage areas in surface parking lots must be screened with
landscaping along the length of the shopping cart storage area facing any public right-of-way.
(j) Additional design standards.
(1) Service areas must be oriented so that they are not visible from a point
five-feet six-inches above grade from abutting public rights-of-way or residential zoning
districts, or must be screened from abutting public rights-of-way or residential zoning districts by
solid masonry screening with a minimum height of eight feet extending the entire length of the
service area.
(2) Automotive service bays must be oriented away from any public right-of-
way or residential zoning district, unless screened from view with solid masonry screening or
solid evergreen landscape screening with a minimum height of eight feet extending the entire
length of the automotive service bays.
(3) Mechanical equipment on the ground must be screened using materials
matching the materials and colors used on the main building. Chain-link fence may not be used
as a screening materiaL
(4) Except for seasonal displays for a use with less than 100,000 square feet
relating to national holidays or the four seasons, merchandise may not be displayed or stored in
parking areas or on sidewalks adjacent to facade walls, except in screened outdoor display, sales,
and storage areas.
(5) Outdoor display, sales, and storage areas, such as nursery departments.
must be enclosed by screening with a solid base with a minimum height of three feet surmounted
b a wrought iron or tubular steel fenco with a minimum height of five feet. The screening must
be surmounted with a minimum of Lvo feet of fascia wrth materials and colors matching the
main buiIdn. merchandise other than trees may he I%ible above the screening
(6) Shopping cart storage areas adjacent to facade wails (not in parking lots)
must be screened with landscaping or materials matching the materials of the pnrnary facade
wall. No more than two shopping cart storage areas (one on each side of an entrance) may be
provided on any facade wall. Shopping cart storage areas may not exceed 30 feet in length.
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(7) If the use is within 300 feet of a single family residential zoning district
containing a residential use, other than this district, the following restrictions apply. For purposes
of this provision, measurements are made in a straight line, without regard to intervening
structures or objects, from the nearest boundary of the lot where the use is conducted to the
nearest boundary of the zoning district in issue.
(A) External speakers are prohibited.
(B) Staging, loading, or idling of commercial vehicles in a service area
is prohibited between the hours of 10:00 p.m. and 7:00 a.m. Signs prohibiting staging, loading,
or idling of commercial vehicles between the hours of 10:00 p.m. and 7:00 a.m. must be posted
every 100 feet adjacent to the service area.
(C) An external lighting plan demonstrating compliance with all city
ordinances must be submitted to and approved by the building official prior to the issuance of a
building permit for new construction, a building permit to expand to 100,000 square feet or
more, or a certificate of occupancy.
(8) The following driveway enhancements must be provided:
(A) Ingress/egress points to the Property must have a change in surface
materials such as payers, bricks, or patterned concrete with color. This special paving must have
a minimum length of 20 feet, starting at the Property line, and must span the entire width of the
driveway throat (from edge of gutter to edge of gutter). Stained concrete does not comply with
this provision.
(B) The intersections of main driveways must have enhanced paving
such as concrete payers, pattered concrete with color, brick, stone, landscape islands, or similar
feature or materials.
(C) Main driveways must have one tree for every 30 linear feet of
driveway. Trees must be a minimum two and one-half caliper inches at the time of planting and
may be planted in naturalized clusters along the driveway. All trees must be located within 35
feet of the paved driveway.
(D) Main driveways must have a minimum sixfeotwide sidewalk on
oe ide ft 11 un e nn11i 2 fe of 1 e an ca pax emo Beu,c it a n inw
per 75 linear feet of driveway length, must be located along the sidewalk.
(E) Pedestrian lighting with decorative fixtures must be installed along
both sides of the main driveways, and located within 25 feet of the driveway pavement.
(9) Throughout the Property, all pedestrian walkways that cross vehicular
circulation routes must he cearly marked with enhanced paving and signage or other traffic
calming devices such as speed bumps. Stained concrete does comply with th.is provision.
13O 1
9I9
(10) Awnings, canopies, arcades, or similar features must be provided at all
main building entrances of buildings located on the Property. If the main building entrance is
located within a parking structure this provision does not apply.
(11) Sidewalks with a minimum width of six feet must be provided alongthe
primary facade wall of all structures with air-conditioned space.
(k) ionu4cxcetins. The city plan commission, whether or not a specific
use permit is required, may approve a development plan that does not comply with the
requirements of these design standards provided that the city plan commission finds that
(1) strict compliance with these design standards is impractical due to site
constraints or would result in substantial hardship;
(2) the development plan complies with the spirit and intent of these design
standards;
(3) the development plan furthers the purpose of design standards as stated in
Paragraph 51A-4.605(a)(1); and
(4) the variation or exception from these design standards will not adversely
affect surrounding properties.
(1) The city plan commission shall follow the same procedure used for approval of
minor amendments to development plans and the fee for a minor amendment shall apply.
SEC. 51P-889,112. OFF-STREET PARKING AND LOADING.
(a) Except as provided in this section, consult the use regulations in Division 5 1A-
4.200 for the specific off-street parking and loading requirements for each use. Consult Division
51A-4.300 for information regarding off-street parking and loading generally. For parking
purposes the entire district is considered as one lot.
(b) No rrore than two rows of surface parking are allowed betweer a structurc ith
uir- on1itinnpd flnr ra rni1 Nnrth (ntra1 Tprecswv if he ctritiir c vitliin I fl ft if
rth n ra ressv y
SEC. 51P-889,113, ENVIRONMENTAL PERFORMANCE STANDARDS,
See Article VI.
1)
SEC. 51P-889.114. LANDSCAPING.
(a) Except as provided in this section, landscaping must be provided in accordance
with Article X.
(b) All plant materials must be maintained in a healthy, growing condition.
(c) The number of street trees required for the Property is determined by dividing the
length of street frontage by 30. Street trees must be planted within 25 feet of the street curb and
must have a minimum caliper inch of four inches. If this 25-foot-area falls entirely within the
right-of-way, the trees must be placed within the landscape buffer area. Street trees must be
spaced at a maximum of 50 feet apart on center and a minimum of 25 feet apart on center, except
when ingress or egress points or visibility triangles prohibit trees. A street tree may also be a
landscape buffer tree.
(d) All parking lots within 100 feet of public streets must be screened by a three-foot-
high vegetative screen, berm, or solid wall. Plant material must be spaced in a manner, and be
planted at a size large enough, to fulfill this requirement within three years of planting.
(e) Plant materials may not be installed until a landscape irrigation system has been
installed and is operating with 100 percent coverage of the proposed landscape areas.
(f The parking lot tree requirements in Section 51A-l0.l25(b)(5) do not apply to
parking spaces located within a parking structure.
(g) The parking lot and landscaping requirements in Section 51P-889.1 11(i) do not
apply to parking structures.
SEC. 51P-889.115. TREE MITIGATION.
(a) To preserve existing tree canopies, existing large trees with a caliper of 20 inches
or greater may reduce the number of replacement inches by a factor of 1.5. For example, a tree
with a caliper of 20 inches that is preserved reduces the tree replacement requirement by 30
caliper inches. Trees must be protected prior to and during construction with the minimum
standards approved by Article X. Any credits are subject to inspection by the arborist. To
quali for a reduction in the number of replacement trees, the Building Official must determine
that the tree protection requirements in Article X have been met.
(b) If the Property owner provides the building official with a performance bond or a
letter of credit in the amount of the total cost of purchasing and planting replacement trees, the
building official may permit the Property owner up to 36 months to plant the replacement trees.
(c) Tree mitigation is not required for trees within 10 feet of a building wall.
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SEC. 51P-889.116. SIGNS.
Signs must comply with the provisions for business zoning districts in Article VII.
SEC. 51P-889.117. 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.
SEC. 51P-889.118. COMPLIANCE WITH CONDITIONS.
(a) All paved areas, permanent drives, streets, and drainage structures, if any, must be
constructed in accordance with standard city specifications, and completed to the satisfaction of
the city.
(b) The building official shall not issue a building permit to authorize work, or a
certificate of occupancy to authorize the operation of a use, until there has been full compliance
with this article, the Dallas Development Code, the construction codes, and all other ordinances,
rules, and regulations of the city.
SEC I ION 4. That, pursuant to Section 51 A-4. 701 of Chapter 51 A of the Dallas City
Code, as amended, the property description in Section 1 of this ordinance shall be construed as
including the area to the centerline of all adjacent streets and alleys.
SECTION 5 That the fract B property description of the Exhibit A attached to
T onr I I ik P
..
I
a r
(Exhibit B) attached to this ordinance.
SECTION 6. That development of this district must comply with the full-scale version of
Exhibit 889A attached to this ordinance. A reduced-sized version of this plan shall be provided
n Chapter 511 Prmits shall be issued based on or nation pro ided on the full cale crs or
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SECTION 7. That the city attorney is authorized to insert the enrolled number of this
ordinance in the legislative history section of Article 889 in Chapter 51P.
SECTION 8. That a person who violates a provision of this ordinance, upon conviction,
is punishable by a fine not to exceed $2,000.
SECTION 9. That the zoning ordinances of the City of Dallas and Chapter 51P of the
Dallas City Code, as amended, shall remain in full force and effect, save and except as amended
by this ordinance.
SECTION 10. That the terms and provisions of this ordinance are severable and are
governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.
SECTION 11. That this ordinance shall take effect immediately from and after its
passage and publication, in accordance with the Charter of the City of Dallas, and it is
accordingly so ordained.
APPROVED AS TO FORIVL
THOMAS P. PERKiNS, JR., City Attorney
Passed
GIS_Approved
290 1 9
EXHIBITA
1309 1 t
PD889 -
DESCRIPTION, of a 16.158 acre tract of land situated in the John Grigsby Survey Abstract No. 495,
Dallas County, Texas; said tract of land being all of that tract described as Tract NA in Special Warranty
Deed from American General Life Insurance Company to Affiliated Computer Services, Inc. recorded in
Volume 95159, Page 237 of the Deed Records of Dallas County, Texas, said tract also being all of Lot 1,
and part of Lot 2, Block 18/2006 of Affiliated Computer Services Addition, an addition to the City of
Dallas, Texas according to the plat thereof recorded in Volume 2002047, Page 255 of said Deed Records,
and also being part of that tract described in Special Warranty deed to Affiliated Computer Services, Inc.
recorded in Volume 20000141, Page 472 of said Deed Records; and part of a 15-foot wide alley across
Block 18/2006; said 16.158 acre tract being more particularly described as follows;
BEGINNNG, at a + cut in concrete found for corner; said point being the southwest end of a right-of-
way corner clip at the intersection of a southeast right-of-way line of Central Expressway (U.S. Highway
75, a variable width right-of-way) and a southwest right-of-way line of Carroll Avenue (a variable width
right-of-way);
THENCE, North 68 degrees, 41 minutes, 09 seconds East, along the said corner clip, a distance of 28.30
feet to a + cut in concrete found for corner in said southwest line of Carroll Avenue (75-foot wide right-
of-way at this point);
THENCE, South 66 degrees, 10 minutes, 34 seconds East, along said southwest line of Carroll Avenue, a
distance of 657.91 feet to a 3/4-inch iron pipe found at an angle point;
THENCE, South 44 degrees, 20 minutes, 45 seconds East, continuing along the said southwest line of
Carroll Avenue, a distance of 209.07 feet to a 1/2-inch iron rod found at the beginning of a curve to the
right; said point also being the northern most end of a circular right-of-way corner clip;
THENCE, in a southerly direction, departing said southwest line of Carroll Avenue and along said
circular corner clip, having a central angle of 89 degrees, 49 minutes, 20 seconds, a radius of 30.00 feet,
on a chord bearing and distance of South 00 degrees. 33 minutes, 55 seconds West, 42.36 feet, an arc
distance of 47.03 feet to a 1/2-inch iron rod found in the northwest line of Atoka Street (a 50-foot wide
right-of-way);
THENCE. South 45 degrees. 28 minutes. 35 seconds West. along said northwest line of Atoka Street. a
distance of 150.00 feet to a 58-inch iron rod found for corner: said point being the southwest corner of
the terminus of said Atoka Street; from said point a i /2-inch iron pipe found bears South 45 degrees 28
minutes West. a distan.ce of 0,1 feet;
THENCE, South 44 degrees, 20 minutes, 45 seconds East, along the terminus of said Atoka Street,
passing at a distance of 50.00 feet the southeast corner of said Atoka Street and the west corner of Lot 3,
Block H/2005, Resubdivision of Belmont Park Addition, an addition to the City of Dallas, Texas
according to the plat recorded in Volume 8, page 126 of the Map Records of Dallas County, Texas,
continuing along the southwest line of said Lot 3 for a total distance of 157.50 feet to a 1/2-inch iron pipe
found for corner in the northwest line of a 20 foot wide alley:
THENCE. South 45 dearees. 2/. minutes. 35 secondii West, mono the northeast line of said 2Cofbot wide
eiL
Approved
290 1 9 309 1
of said Lot I, passing at a distance of 591.07 feet the easterly line of said Lot 2 and the westerly line of
said 15-foot wide alley and continuing for a total distance of 695.79 feet to a N- cut in concrete set for
corner:
THENCE, in a northwesterly direction, the following three (3) calls;
North 44 degrees, 31 minutes, 25 seconds West, a distance of 439.96 feet to PK Nail set for
corner;
North 23 degrees. 44 minutes. 38 seconds East, a distance of 94.40 feet to a 1/2-inch iron rod with
PACHECO KOCH cap set fhr corner:
North 66 degrees, 15 minutes. 22 seconds West, a distance of3lO.71 feet to an + cut in concrete
set for corner. said point being in the southeast line of North Central Expressway. and the of a
non-tangent curve to right;
THENCE, in a northeasterly direction and along the said southeast line of North Central Expressway, the
following three (3) calls;
In a northerly direction along said non-tangent curve to the right, having a central angle of 02
degrees. 11 minutes, 06 seconds, a radius of 2734.00 feet, a chord bearing and distance of North
22 degrees, 34 minutes, 36 seconds East, 104.25 feet, an arc distance of 104.26 feet, to a 1/2-inch
iron rod with PACHECO KOCH cap found at the end of said curve;
North 23 degrees, 47 minutes, 34 seconds Last, a distance of 29.49 feet to a 1/2-inch iron rod with
PACHECO KOCH cap set for corner;
North 23 degrees. 44 minutes, 38 seconds East, a distance of 65 63 feet to a 1/2-inch iron rod with
PACHECO KOCH cap set for corner: said point being the southwest corner of a tract of land
described in Quit Claim deed to the City of Dallas as recorded in Volume 96063, Page 1958 of
said Deed Records;
THENCE, South 66 degrees, 15 minutes, 22 seconds East, along the south line of said City of Dallas tract,
a distance of 5.00 feet to a 4- cut in concrete found for corner at the southeast corner of said City of
Dallas tract;
THECF. Nrth
)3
deerees 44 minutes 33 seem d Fast, a1on the cast line - f said City of Dallas tract
a distance of 4uun feet to a i 2-inch iron rod ith PA(HECO KuCH cap found at the norineasi coniet
(-- - !
-
UI aiu 01 hS tuL,
THENCE. North 66 degrees. 15 minutes. 22 seconds West, the north line of said City of Dallas tract. a
distance of 5.00 feet to a 1 2-inch iron rod with PACHECO KOCH cap found at the northwest corner of
said City of Dallas tract;
THENCE, North 23 degrees. 44 minutes, 38 seconds East, along the said southeast line of North Central
Ii presswar a d stancc of 44 3 feet to tic PQINT OF BEGINNING.
1Qi
GIS Approved
JL U U J 1. 1
29019
Exhibit B
PD 305 TRACT B
(East side of Central Expressway)
BEING a tract or parcel of land situated in the John Grisby Survey, Abstract 495, City of
Dallas, Dallas County, Texas, and being all or parts of City Blocks 10/2006, 18/2006,
11/606, 1/611, 2/612, 5/614, A/618, A1621, E/622, C/623, D/623, A/624, 8/624, E1624,
A/659, B/659, C/659, 661, A/661, G/662, K1662, A/663 and 8/663 being more
particularly described as follows:
BEGINNING at an
+
cut in concrete set for corner in the easterly right-of-way line of
North Central Expressway, U.S. Highway 75 (a variable width right-of-way), at its
intersection with the northerly line of Haskell Avenue (a variable width right-of-way), said
point also being the most southwesterly corner of City Block 18/2006;
THENCE along the easterly line of North Central Expressway, N 0808Ol E, 106.10
feet to a
+
cut in concrete set for the beginning of a non-tangent curve to the right;
THENCE along said easterly line of North Central Expressway, a curve to the right
having a central angle of 63138, a radius of 2,090.00 feet, an arc distance of 238.10
feet, a chord bearing of N100612E, and a chord distance of 237.97 feet to a point for
corner at the beginning of a compound curve to the right;
THENCE continuing along said easterly line of North Central Expressway in a northerly
direction along said compound curve to the right, having a central angle of 080722, a
radius of 2,734.00 feet, a chord bearing and distance of N172542 E, 387.27 feet, an
arc distance of 387.59 feet, to a
+
cut in concrete for corner at the end of said curve;
THENCE departing said easterly right-of-way line of North Central Expressway,
S 661 522 E, a distance of 310.71 feet to a point for corner;
THENCE S 234438 W, a distance of 94.40 feet to a point for corner:
THENCE S 4431 25 E, a distance of 439.96 feet to a point for corner;
THENCE N 452835 E, a distance of 119.64 feet to a
+
cut in concrete set for corner,
in the westerly line of a 15-foot wide alley;
THENCE S 445032 E, a distance of 149.63 feet to a point for corner in the centerline
of Peak Street (a variable width rightofway); said point being the southeast corner of
GIS Approved
o
i 9
1 309 1 (
the northern most corner of City Block A1663 Lot 2, Cityplace Northeast Section One-
Revised (S023-152), an addition to the City of Dallas, Texas according to the plat
recorded in Volume 95051, page 1321 of the Dallas County Deed Records;
THENCE S 451615 W, along the said southwesterly line of Peak Street, a distance of
25.00 feet, to a point in the southwesterly line of Peak Street, said point also being the
on the north line of City Block A1663 Lot 2;
THENCE S 444944 E, along the southwesterly line of Peak Street, crossing the right-
of-way of Weldon Street (50 R.O.W.), 700.00 feet to its intersection with the westerly
line of Capitol Avenue (50 R.O.W.);
THENCE S 450516 W along the westerly line of Capitol Avenue 248.74 feet to a
corner:
THENCE departing the westerly line of Capitol Avenue, S 444917 E, 282.49 feet to a
point for corner at the west line of City Block 661;
THENCE S 242457 W along the west line of City Block 661, 148.72 feet to a point for
corner;
THENCE S 661227 E, 204.49 feet to a point for corner, in the easterly line of Office
Parkway (50 R.O.W.);
THENCE N 230042 E along the easterly line of Office Parkway, 319.99 feet to a point
for corner, said point also being the point of curvature of a curve to the right;
THENCE continuing along the easterly line of Office Parkway, a curve to the right
having a central angle of 192623 a radius of 223.27 feet, an arc distance of 75,75
feet to a point for corner, said point also being the pont of reverse curvature, chord
bears N 324825 E 75.39 feet:
THENCE continuing along the easterly line of Office Parkway, a curve to the left having
an angle of 1515624, a radius of 52.59 feet, a chord bears N 234558 E;
THENCE continuing along the south line of Block 661 and the north line of C/662 Lot 5A
N 341415 E, 179.23 feet easterly line of Office Parkway, to a point for corner in the
north line of City Block G/662 Lot 5A:
I OC I
GIS_Approved
I U U J I
29019
THENCE N 455905 E, 81.86 feet to a point for corner;
THENCE S 442635 E, 95.00 feet to a point for corner;
THENCE N 4605 18 E, 2.47 feet to a point for a corner in the southerly line of Ashby
Street (50 R,O. W.);
THENCE S 442115 E, continuing along the southerly line of Ashby Street, 25.72
feet to a point for a corner;
THENCE S 3830Ol W, continuing along the southerly line of Ashby Street, 6.28 feet
to a point for a corner;
THENCE S 435455 E, continuing along the southerly line of Ashby Street, 167.23 feet
to a point for a corner at its intersection with the westerly line of Deere Street (50
R.O.W.);
THENCE S 4651OS W along the westerly line of Deere Street, 410.00 feet to a point
for a corner in the southerly line of Peak Street (60 R.O.W.);
THENCE S 442241 E along the southerly line of Peak Street, 247.81 feet to a point
for a corner,
THENCE departing the southerly line of Peak Street, S 055250 W, 118.28 feet to a
point for a corner said point also being the most northeasterly corner of City Bock
C/659, and in the southerly line of Lemmon Avenue (60 R.O.W.), said point also being
the point of curvature of a curve to the right;
THENCE along the southerly line of Lemmon Avenue, a curve to the right having a
central angle of 385313, a radius of 395.63 feet, an arc distance of 268.52 feet to an
iron rod found in the southerly line of Peak Street (50 R.O.W.) at its intersection with
the westerly line of a 15 foot alley, chord bears S 651257 E, 263.39 feet;
THENCE S 444858 E, crossing said 15 foot alley, 15.00 feet to a point for a corner at
the intersections of the southerly line of Peak Street with the easterly line of said 15 foot
alley for a corner;
THENCE S 443908 E, continuing along the southerly line of Peak Street, 200.10 feet
to a point for a corner at its intersection with the easterly line of Lafayette Street (50
RO.W.);
GIS Approved
1309 17
3fl19
I
THENCE S 444234 E, continuing along the southerly line of Peak Street, 157.99 feet
to a point for a corner at its intersection with the westerly line of a 10 foot dirt alley;
THENCE S 463644 W along the westerly line of said dirt alley, 645.40 feet to a point
for a corner at the northerly line of Haskell Avenue;
THENCE N 445655 W along the northerly line of Haskell Avenue, 418.35 feet to a
point for corner on the common line between Lots 2 and 3 in City Block B1659;
THENCE N 460818 E along said common lot line and its northeastward prolongation,
a distance of approximately 142.52 feet to a point for corner on the centerline of a 15
foot alley;
THENCE N 445655 W along the centerline of said alley, a distance of approximately
103.00 feet to a point for corner on the southeasterly line of Cabell Drive;
THENCE N 460836 E along the southeasterly line of Cabell Drive, a distance of 50.70
feet to a point for corner on the common line between Lots 25 and 26 City Block B/659;
THENCE S 442639 E along said common lot line and its northeastward prolongation,
a distance of approximately 157.46 feet to a point for corner on the centerline of a 15
foot alley;
THENCE in a N 460836 E direction along the centerline of said alley, a distance of
approximately 50.00 feet to a point for corner on a line, said line being the
southeastward prolongation of the common line between Lots 1 7A and 25 in City Block
B/659;
THENCE in a N 445655 W direction along said line, and continuing along said
common lot line and its northwestward prolongation, a distance of approximately I 77O1
feet to a point for corner on the centerline of Cabeil Drive (50 R.OW.):
THENCE S 461646 W along the centerline of Cabell Drive, 100.00 feet to a point for a
corner at its intersection with the southeasterly projection of the centerline of a 15 foot
alley;
THENCE N 4453Ol W along the centerline of said 15 foot alley. 179.90 feet to a point
for corner on the east line of City Block A1661;
GIS Approved
1309 17
- 29019
THENCE S 232420 W along the east line of City Block A/661, 226.36 feet to a point
for a corner in the centerline of Haskell Avenue, said point also being the point of
curvature of a curve to the right;
THENCE along the centerline of Haskell Avenue, a curve to the right having a central
angle of 260705, a radius of 170.55 feet, an arc distance of 77.75 feet to an iron rod
found for a corner, chord bears S 650702 E, 77.07 feet;
THENCE S 4453Ol E, continuing along the centerline of Haskell Avenue,
approximately 376.82 feet to a point for a corner at its intersection with the northeasterly
projection of the centerline of Lafayette Street (50 R.O.W.);
THENCE S 444815 W along the centerline of Lafayette Street approximately 636.41,
crossing the right-of-way of Lucille Street (50 R.O.W.) to the centerline of Caddo Street;
THENCE S 4356OO E along the centerline of Caddo Street, approximately 191.18 feet
to a point for a corner at its intersection of the centerline of Cochran Street (50 R.O.W.);
THENCE S 445320 W along the centerline of Cochran Street, approximately 400.00
feet to a point for a corner at its intersection with the centerline of Washington Avenue
(50 R.OW.);
THENCE N 451 1 32 W, along the centerline of Washington Avenue, 700.24 feet to a
point for a corner at its intersection with the northeasterly projection of the south line of
City Block A/624 Lot IA;
THENCE S 445749 W, crossing the right-of-way of Washington Avenue,
approximately 30 feet to a point for a corner in the southerly line of Washington Avenue
and the southeast corner of City Block A/624 Lot 1A;
THENCE departing said southerly line of Washington Avenue, and the southeast corner
of City Block A1624 Lot IA and going across said Lot the foNowing caNs:
S 445749 W, 164.82 feet to a point for a corner
N 451402 W, 118.00 feet to a point for a corner
S 445749 W, 300.00 feet to a point for a corner
S 451402 E, 120.00 feet to a point for a corner
S 445749 W, 300.04 feet to a point for corner
THENCE N 451402 W along the westerly line of City Block A1624 Lot 1A. 145.00 feet
to a point for a corner in the centerline of Thomas Avenue;
GIS Approved
1 0
17
?9319
THENCE S 462225 W along the centerline of Thomas Avenue approximately 241
feet to the centerline of North Central Expressway, U.S. Highway 75, to a point for a
corner;
THENCE in a northwesterly direction (N 013240 W) along the center line of North
Central Expressway, U.S. Highway 75 approximately 1382.90 feet to the point of
intersection with the southwesterly projection of the (former south line of Weldon Street)
at its intersection with the centerline of Lemmon Avenue to a point for corner;
THENCE in a southeasterly direction (S 630620 E) along the centerline of Lemmon
Avenue, approximately 287.91 feet to the point of intersection with the southwesterly
projection of the south line of City Block 1/620 Lot 1A to a point for corner;
THENCE departing said centerline of Lemmon Avenue and following around the City
Block 1/620 Lot lAthe following calls:
THENCE N 461 1 29 E, 162.72 feet to a point for a corner
THENCE N 454252 W, 207.86 feet to a point for a corner
THENCE S 4522Ol W, 92.45 feet to a point for a corner on the north line of the
service road of North Central Expressway, U.S. Highway 75;
THENCE N 714348 W, 53.76 feet to the centerline of the service road of North
Central Expressway, U.S. Highway 75 to a point for corner,
THENCE N 025506 W, 122.26 feet along the centerline of the service road of North
Central Expressway, U.S. Highway 75 the point of intersection with the southwesterly
projection of the centerline of Weldon to a point for corner;
THENCE N 882439 E, 130.12 feet along the centerline of Weldon Street, to a point
for a corner in the centerline of said Weldon Street
THENCE N 4550 52 E 860 88 feet continuing along the centerline f Weldon Street to
Ie po t ersect i vit[ [ s uttv 5 tIA Block A 66 a th
northeasterly line of Haskell Avenue to a point for corner:
THENCE N 442756 W, 440.95 feet, along the northeasterly line of Haskell Avenue
and the southwest line of LotlA, Block A1663 to the point of intersection with the
southeast corner of Lot 2, Block 18/2006, to a point for a corner;
THENCE North 44 degrees 53 minutes 56 seconds West along said northeast line of
North Haskell Avenue a distance of 2 9 93 fet cut r b k found at le
GIS_Approved
1 0 J 17
THENCE, in a northwesterly direction along the northeast line of N. Haskell Avenue and
said curve to the left, having a central angle of 33 degrees, 27 minutes, 38 seconds, a
radius of 511.50 feet, a chord bearing and distance of North 61 degrees, 37 minutes,
45 seconds West, 294.49 feet, an arc distance of 298.71 feet to a
+
cut in concrete set
for corner at the end of said curve; said point being in the east rightof-way line of North
Central Expressway (a variable width right-ofway) to return to the POINT OF
BEGINNING and containing approximately 93.936 acres of land, more or less.
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JUDICIAL DISTRICT COURT
DALLAS COUNTY, TEXAS
East Village Association
Plaintiff
v.
Trammell Crow Company, Inc.; The City
of Dallas; Michael Anglin, Neil Emmons,
Emma Rodgers, Betty Culbreath, Tony
Shidid, Jed Anatasomboon, Ann Bagley,
Myrtl M. Lavallaisaa, Gloria Tarpley,
John Shellene, Jaynie Schultz, Cookie
Peadon, Margot Murphy, Paul E. Ridley,
and Robert Abtahi in their official
capacity as members of the City Plan
Commission.
Cause No.
Affidavit of Jonas Park
Defendants.

STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned notary, on this day personally appeared Jonas
Park, a person whose identity is known to me, who being by me duly sworn, on his
oath stated as follows:
1. My name is Jonas Park. I am over the age of 21 years, have never been
convicted of a felony, suffer no legal or mental disabilities, and am fully competent
to make this affidavit. The matters in this affidavit are within my personal
knowledge and are true and correct.
2. I am an Officer on the Board of the East Village Association ("EVA"),
authorized by the members to state the matters in this affidavit concerning EVA.
AFFIDAVIT OF JONAS PARK -PAGE 1
3. EVA is an unincorporated nonprofit association organized under Texas
Business Organizations Code 252.001 et seq.
4. EVA's members include one or more members who reside in and own (and
have resided in and owned continuously since at least January 1, 2013) real
property within 200 feet of property located within Planned Development District
889, located at the Northeast corner of North Central Expressway and North Carroll
Avenue, which Trammell Crow Company, Inc. ("Crow") proposes to develop for a
Sam's Club at the corner of North Central Expressway and Carroll Avenue (the
"Development").
5. The interests EVA seeks to protect through the above-captioned lawsuit are
germane to EVA's purposes, which are advancement of the interests of East Village
Residents, specifically including but not limited to advocacy on East Village land use
and zoning issues for the benefit of East Village Residents.
6. East Village Residents include individuals who own real property and reside
within the following boundaries, including both sides of the following streets: North
Carroll Avenue on the North side, Cabell Drive on the East side, North Haskell
Avenue on the South side, and North Central Expressway on the West side.
7. David Shaw is a member of EVA and has authorized me to disclose that he is
a member of EVA.
8. I own and reside in real property located at 2319 Rusk Court, Dallas, Texas
75204. I also own real properties located at 4331 and 4333 Belmont Avenue, Dallas,
Texas 75204, which I am in the process of converting, in part, into a yoga studio (the
"Yoga Studio").
9. My Yoga Studio is located directly adjacent to the Development.
10. I bought the Yoga Studio on January 9, 2014. At the time that I bought the
Yoga Studio, I did so with the understanding from my realtor, Bill Zemman, that the
AFFIDAVIT OF JONAS PARK-PAGE 2
Development would be similar in form to the West Village. This understanding was
also partially based on the name of the Developmentthe "East Village."
11. Had I known about Crow's intent to use the Development for a 100,000+
square foot megastore like Sam's Club, I would not have purchased the Yoga Studio.
12. I have serious concerns that Crow's plan to lease part of the Development to
Sam's Club for a 100,000+ square foot megastore will result in a substantial burden
and nuisance upon my use of the Yoga Studio.
13. Specifically, I am concerned that increased traffic flow and smell from the
Sam's Club dumpsters located near the Yoga Studio will substantially burden the use
and enjoyment of my Yoga Studio for me and my clients.
14. I am also concerned that increased traffic flow surrounding the Development
will significantly burden my daily transportation needs to and from my home and
my Yoga Studio.
15. Crow has already begun construction work at the Development site, and
counsel for Crow at the June 19, 2014 City Plan Commission hearing indicated that if
the City Plan Commission approves their development plan on July 10, 2014, they
intend to move forward on the Development immediately.
16. Noise and dust from the construction work at the Development site is also a
nuisance for me and the neighbors immediately surrounding the Development site.
CRAIG JASSO
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXP. 4/01/17
Notary Pu
Notary's pri
and for the State of Texas
ted name:
FURTHER AFFIANT SAYETH NOT.
SUBSCRIBED AND SWORN TO BEFORE ME on the g"
. day of July, 2014.
My Commission Expires: q , o i - 10 II-
Affidavit of David Shaw
STATE O F TEX AS
C O U N TY O F D AL L AS
Before me, the undersigned notary, on this day personally appeared D avid Shaw, a
person whose identity is known to me, who being by me duly sworn, on his oath stated as
follows:
1. My name is D avid Shaw. I am over the age of 21 years, have never been convicted of
a felony, suffer no legal or mental disabilities, and am fully competent to make this affidavit.
I own and reside in real property located at 2714 N . C arroll Avenue, D allas, Texas 75204. I
owned and resided at 2714 N . C arroll Ave. during all of April and May of 2013. The matters
set forth herein are within my personal knowledge and are true and correct.
2. 2714 N . C arroll Ave. is within 200 feet of property located on Planned D evelopment
D istrict 889, located at the N ortheast corner of N orth C entral Expressway and N orth
C arroll Avenue, which Trammell C row C ompany, Inc. ("C row") proposes to develop for a
Sam's C lub at the corner of N orth C entral Expressway and C arroll Avenue (the
"D evelopment").
3. I received notices that the D allas C ity Plan C ommission would hold a public hearing
on May 2, 2013, on a zoning change request to consider an application for a Planned
D evelopment D istrict for MU -3 Mixed U se D istrict uses, and that the D allas C ity C ouncil
would hold a public hearing on May 22, 2013, on a zoning change request to consider an
application for a Planned D evelopment D istrict for MU -3 Mixed U se D istrict uses (the
"N otices").
4. The N otices did not inform me that the nature of the pending zoning change
proposal would include as a permitted use a general merchandise or food store 100,000
square feet or more.
5. I am opposed to the use of the D evelopment for a general merchandise or food store
100,000 square feet or more. I believe this is an inappropriate use for the D evelopment
AF F ID AVIT O F D AVID SHAW-PAGE 1
CRAIG JASSO
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXP. 4/01/17
because this use is inconsistent with the character of the surrounding community, the
increased traffic flow from this use would substantially burden my transportation needs
and pose a safety risk to the nearby schools and L ighthouse for the Blind, and this use
would suppress the value of my property.
6. I could not determine from the N otices that I should be present at the public
hearings on May 2 and May 22, 2013 to oppose the proposed zoning change because the
N otices did not inform me that the proposed zoning change would permit, or that the
applicant intended to develop, a general merchandise or food store 100,000 square feet or
more.
7. O n April 24, 2013, I attended a community meeting held by C row at Alex W. Spence
Talented/Gifted Academy to discuss the D evelopment with the neighbors living around it
(the "Spence Meeting").
8. At the Spence Meeting, C row presented a mixed-use development called the "East
Village," and did not inform me that the D evelopment would include a general merchandise
or food store 100,000 square feet or more.
9. Had I known that the proposed zoning change was intended to permit the
development of a general merchandise or food store 100,000 square feet or more, I would
have attended the May 2 and May 22, 2013 public hearings to oppose the zoning change.
F U RTHER AF F IAN T SAY ETH N O T.
SU BSC RIBED AN D SWO RN TO BEF O RE ME on the e," day of July, 2014.
N o r. ry P n and for the State of Texas
N o ry's ted name:
My C ommission Expires:
1 1 _ 0 1 - - 2 , 0 1 7 ' .
AFFIDAVIT OF DAVID SHAW-PAGE 2

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