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1983-07-11 CC Agenda
CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AGENDA POLICE BUILDING COUNCIL CHAMBER JULY 1 1 , 1983 7:30 P.M. A.1 INVOCATION. A.2 PRESENTATION OF SERVICE AWARDS. Ruth Ann Parish of the Administration Department - 15 Year Award A.3 CONSIDER ACCEPTANCE OF DONATION OF APPLIANCES FOR POLICE DEPARTMENT, FIRE DEPARTMENT AND PARKS AND RECREATION DEPARTMENT FROM THE WHIRLPOOL CORPORATION, 4501 SPRING VALLEY ROAD, FARMERS BRANCH. A.4 PRESENTATION OF REPORT OF PROGRESS REGARDING COORDINATION OF AREA CRIME WATCH CHAIRMEN. A.5 PRESENTATION OF BOARD APPLICATIONS. B.1 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. a. APPROVAL OF MINUTES OF MEETING OF JUNE 20, 1983- b. CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. FOR WORD OF FAITH WORLD OUTREACH CENTER ADDITION. c. CONSIDER REQUEST BY WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. FOR FINAL PLAT APPROVAL OF WORD OF FAITH WORLD, OUTREACH CENTER ADDITION. d. CONSIDER AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED TO THE STATE OF TEXAS FOR AN ABANDONED UTILITY EASEMENT. e. CONSIDER AUTHORIZING THIRD QUARTER PAYMENT TO THE DALLAS . COUNTY APPRAISAL DISTRICT UNDER PROTEST f. CONSIDER AUTHORIZING PROPERTY TAX REFUND IN EXCESS OF $500.00. C.1 CONSIDER REQUEST FOR FUNDS IN 1983 -84 BUDGET FOR UPGRADING SIGNAL WARNING SYSTEM AT VALWOOD PARKWAY AND BURLINGTON NORTHERN RAILROAD AND TAKE APPROPRIATE ACTION. C.2 CONSIDER REQUEST FROM THE FARMERS BRANCH LITTLE LEAGUE FOR FUNDS IN THE 1983 -84 BUDGET AND TAKE APPROPRIATE ACTION. C.3 PUBLIC HEARING TO RECONSIDER ORDINANCE NO. 1420 WHICH REQUIRES •WNER OF RENTAL HOMES TO OBTAIN A L CE E AN e'DINA CE NO 1436 ESTABLISHING THE DEFINITION OF A "FAMILY ". C.4 CONSIDER REQUEST FOR THOROUGHFARE PLAN AMENDMENT BY THE TEXAS TURNPIKE AUTHORITY AND TAKE APPROPRIATE ACTION. C.5 CONSIDER REQUEST FOR DETAILED DEVELOPMENT PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY THE WALTERS COMPANIES FOR THE PROPERTY LOCATED ALONG THE WEST SIDE OF DALLAS PARKWAY BETWEEN SPRING VALLEY ROAD AND ALPHA ROAD IN THE PD -42 ZONING DISTRICT. C.6 PUBLIC HEARING TO CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NON -DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW AND TAKE APPROPRIATE ACTION. REQUESTED BY DENNIS L. WHITE FOR THE PROPERTY LOCATED AT 2825 VALLEY VIEW LANE #216 IN AN LR -2 ZONING DISTRICT. C.7 PUBLIC HEARING TO CONSIDER REQUEST TO AMEND THE CITY'S ZONING aRDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NEW CAR LOT AND TAKE APPROPRIATE ACTION. REQUESTED BY EXCLUSIVE CARS FOR THE PROPERTY LOCATED AT 3340 BELT LINE ROAD IN A LIGHT INDUSTRIAL ZONING DISTRICT. C.8 CONSIDER REQUEST FOR SITE PLAN APPRVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY CENTRE DEVELOPMENT COMPANY FOR THE PRO- PERTY LOCATED AT THE NORTHEAST CORNER OF BENCHMARK DRIVE AND DIPLOMAT DRIVE IN THE PD -22 (LI) ZONING DISTRICT. C.9 CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY FIRST CITY BANK FOR THE PROPERTY L CATED AT 12875 JOSEY LANE IN THE PD -8 (LR -1) ZONING DISTRICT. C.10 PUBLIC HEARING TO CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A TR C LEASING AND FUELING FACILITY AND TAKE APPROPRIATE ACTION. REQUESTED BY DALHO CORPORATION FOR THE PROPERTY LOCATED AT 1885 VALLEY VIEW LANE IN THE PD -22 ZONING DISTRICT D.1 CONSIDER POLICY FOR NOTIFICATION OF PUBLIC HEARINGS ON. REZONING PROPERTY AND TAKE APPROPRIATE ACTION. D.2 CONSIDER JOINING WITH OTHER`TEXA MUNICIPAL LEAGUE CITIES IN AN EFFORT TO OPPOSE FEDERAL REGULATIONS - S.66 -- REGULATING CATV AND TAKE APPROPRIATE ACTION. D.3 CONSIDER OPPOSING DALLAS COUNTY APPRAISAL DISTRICT BUDGET AND ( TAKE APPROPRIATE ACTION. D.4 CONSIDER AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RIEWE AND WISCHMEYER, INC FOR THE DESIGN OF THE REPLACEMENT OF THE MARSH LANE WATER PUMP STATION AND TAKE APPROPRIATE ACTION. D.5 CONSIDER APPROPRIATION OF FUNDS TO SUPPORT THE OPERATION OF THE v FORWARD FARMERS BRANCH TASK FORCE PROGRAM. D.6 CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR MEDIAN LANDSCAPING IMPROVEMENTS. D.7 CITIZEN PARTICIPATION. MAYOR DODD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252 -17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. a. Discuss Personnel Matters - Article 6252 -17, Sec. 2(g) b. Discuss Land Acquisition - Article 6252 -17, Sec. 2(f) c. Discuss Pending and Contemplated Litigation -- Article 6252-17, Sec. 2(g) THE COUNCIL RECONVENED INTO GENERAL SESSION. E.2 CONSIDER NECESSARY ACTION ON PERSONNAL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. r E•4 CONSIDER NECESSSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. F.1 ADJOURNMENT. Certification. 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CI i ( , glit l e A A,._._ - , ,• /„./ a/ "'LA - c . e 4 , c . . - . f ..--,-)zi_z_Z - - 41 / ... 2.\..) , le ..„,, Ii it,t6 (e...t.e.._- le { 1' . i' ('-/ I r t----1-----) �, ,2... , ----a-4- , 0-/ ,,... t>,,,, /1 1 i7 Dom., , , 1 , , /4-L . 1 1 ce...t6 { (2.), 1 ( A - Imo. 6;t4 c.Fivti c4 _- G.) I fs 1 1 6 ,/bt) ,/' l -mot V D, -. „ D 11#11, IIP PP • h -- .d -; -( ---e-) , s Ate, ■ / 41 , , ,, - c, , ..._. e,,, __ a 7 A I . . . . . ,_ - - - - - - ' ° i , /' ' ' / , l Y li p t / � e • a I/ C11: !!!! 1 FaRTEERS BRACH COUNCIL MEMORANDUM From:the Office of the City Manager Date: July 7, 1983 Subject: AGENDA ITEM NO. A.2 PRESENTATION OF SERVICE AWARD. Ruth Ann Parish of the Administration Department - 15 Year Award INFORMATION: Ruth Ann came to work as Secretary to the City Manager on June 24th, 1968. However, this was not her beginning with the city. Ruth Ann, previously was employed with the city from 1956 to 1964. She loves Farmers Branch and is very dedicated for the well -being of the city. Ruth Ann and husband J. T. have two sons, Jim & John live in Farmers Branch. PMW:rap r. F3meRs BRencH COUNCIL MEMORANDUM From :the Office of the City Manager Date: June 27, 1983 Subject: AGENDA ITEM NO. A.3 CONSIDER ACCEPTANCE OF DONATION OF APPLIANCES FOR POLICE DEPARTMENT, FIRE DEPARTMENT AND PARKS AND RECREATION DEPARTMENT FROM THE WHIRLPOOL CORPORATION, 4501 SPRING VALLEY ROAD, FARMERS BRANCH. EXPLANATION: The Whirlpool Corporation at 4501 Spring Valley Road in Farmers Branch suffered a theft of new appliances consisting of 2 Microwaves, 1 Refrigerator, and a Washer and Dryer. All items were recovered by Farmers Branch Police. Items had to be considered used by Whirlpool Corporation upon the recovery and have been writ- ten off. The Whirlpool Corporation does not sell used equipment and wishes to donate it as follows: Refrigerator and one Microwave to the Police Department Washer and Dryer to the Fire Department One Microwave to the Parks and Recreation Department Presentation will be made by Mr. James Lewis, Operations Manager of the Whirlpool Corporation. RECOMMENDATION: Motion to accept the donation of appliances from the Whirlpool Corporation. ACTION BY COUNCIL: Motion to accept or reject donation of appliances from the Whirlpool Corporation. PMW:RR:bh ri FaRmeRs BRancH COUNCIL MEMORANDUM From :the Office of the City Manager Date: July 6, 1983 Subject: AGENDA ITEM NO. A.4 REPORT OF PROGRESS REGARDING CO- ORDINATION OF AREA CRIME WATCH CHAIRMEN. EXPLANATION: This item has been placed on the agenda at the request of Robert Mason, of 3424 Janlyn. Mr. Mason was named to co- ordinate Neighborhood Crime Watch chairmen at the June 6th council meeting. RR /ct r irio COUNCIL MEMORANDUM FaRm1Rs BRancH From: The Office of the City Manager Date: 7_7_83 Subject: AGENDA ITEM NO. A.5 PRESENTATION OF BOARD APPLICATIONS. EXPLANATION: This item gives applicants an opportunity to present board applications to the City Council. PMW:neb CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING JUNE 20, 1983 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor John Dodd Mayor Pro Tem Fred Johnson Council Members David Blair Carol Dingman Herb Weidinger The following member of the City Council was absent: Bill Glancy The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle Recording Secretary Ruth Ann Parish Mayor Dodd called the City Council meeting of June 20, 1983 to order at 7 :30 P.M. The meeting was televised. AGENDA ITEM NO A.1- INVOCATION. Councilman Weidinger gave the invocation. AGENDA ITEM NO. A.2- PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented James L. Harrelson and Edd Henry of the Police Department 15 Year Awards and Rudy Tuminello of the Fire Department a 20 Year Award. AGENDA ITEM NO. A.3- PRESENTATION OF CERTIFICATES OF RECOGNITION FOR FARMERS BRANCH GIRLS GYMNASTIC TEAM. Vol. 40, Page 1. • Mayor Dodd opened the presentation by giving the following information from an Administrative memo. The Farmers Branch Girls Gymnastic's Team is to be presented with Certificates of Recognition for their ability lin gymnastic skills. The girls recently won class 4A, class 4B and class 3 state championship titles at the Texas Amateur Athletic Federation State Meet in Austin. A total of six girls also qualified for the United States Gymnastics Federation State Meet. Mayor Dodd recognized Mr. Dick Curry, president of the Gymnastics Team Parent's Association. Mr. Curry thanked Coach Angel Sheppard for her work with the Gymnastics Team and presented awards to the City that had been won by the team this year. Mayor Dodd presented Certificates of Recognition to the following members of the Girls Gymnastic Team: Allison Bailey Debra Moore Muffi Bailey Kim Morris Kim Bartlett Carrie O'Leary Elena Bernal Lisa Quick Claudia Blanton Aleacia Reeder Mindy Burchfield Sheila Rice Sara Collard Shonda Rice Kristi Cochran Nikki Seaberry Cassie Curry Jennifer Thurman Rachel Fedar Jennifer Whealdon Amy Gardiner Stephanie Williamson Tina Herring Cristy Yakamavich Julie Lewis Jenny Yakamavich Deanne Moore Kim Bartlett Mindy Burchfield Sara Collard Amy Gardner Cheril Santini AGENDA ITEM NO. A.4- PRESENTATION OF CERTIFICATES OF APPRECIATION. Mayor Dodd presented Certificates of Appreciation to Rutha Shackelford for having served on the Historical Preservation and Restoration Board and Florence Mason for having served on the Library Board. AGENDA ITEM NO. A.5- CONSIDER ACCEPTANCE OF DONATION OF PLAYGROUND EQUIPMENT FOR ORAN GOOD PARK FROM THE FARMERS BRANCH LIONS CLUB AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Farmers Branch Lions Club is ready to donate for installation eleven pieces of playground equipment for the "All Playground" at Oran Good Park. Vol. 40, Page 2. • This playground equipment will be equipped for impaired children. Total value of the donation is $6800. Mayor Dodd recognized Mr. C. 4`. Whitmore, representing the Lions Club. Mr. Whitemore presented the donation of 11 pieces of equipment in the amount of $6800. Councilman Blair made a motion to accept the donation of'equip- rnent from the Lions Club. Councilman Weidinger seconded the motion with all members voting "aye ". The motion carried. MAYOR DODD RECOGNIZED MS. STACY SMITH, OF R. L. TURNER HIGH SCHOOL CHOIR. Ms. Smith presented an award to the City from the Beautify Texas Council for the Choir's work in the Farmers Branch Clean -Up Campaign. AGENDA ITEM NO. A.8- PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item is placed on the agenda to give citizens an opportunity to present applications to the Council for serving on any of the various advisory boards. Mayor Dodd recognized Mr. Wallace Waggoner, 14524 Shoredale. Mr. Waggoner presented an application to the Council for the Drainage Study Committee. AGENDA ITEM NO. B.1- CONSENT ITEMS. Mayor Dodd explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the Council or member of the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is being established in order to speed up discussion for those items that need more time for discussion. Councilman Blair requested that Agenda Items C.15 and C.16 be added to the consent items list. Councilwoman Dingman requested that the last sentence of Page 91 of the minutes of the June 6, 1983 Council meeting be removed. Councilman Blair made a motion, Councilman Weidinger seconding, all voting "aye ", that the following consent items be approved: a. Approved the minutes of the June 6, 1983 regular meeting as amended. Vol. 40, Page 3. b. Authorized the execution of a Developer's Contract with Reynold's Development Company for the replat of Town Centre Addition located at the northeast corner of the intersection of Carrick Street and the IH35E service road. c. Approved the request by Reynolds Development Company for the replat of the Town Centre Addition located at the northeast corner of the intersection of Carrick Street and the IH35E service road. d. Approved the request by Baldwin - Harris and Associates for the approval of plat correction of the Fifth Installment of Metro Square, Phase II Addition located at the northeast corner of the intersection of Metro Blvd. and the service road of IH635, due east of the Summit Hotel. e. Authorized the execution of a Developer's Contract with J. Lawrence Martin, Trustee, for the 135 Business Park Addition located approximately 600 ft. south of Farmers Branch Lane between the IH35E service road and Denton Drive. f. Approved the request by J. Lawrence Martin, Trustee, for the final plat approval of the 135 Business Park located approximately 600 ft. south of Farmers Branch Lane bet- ween the IH35E service road and Denton Drive. AGENDA ITEM NO. C.1 PUBLIC HEARING: HEARING ON USE OF REVENUE SHARING FUNDS AND THE OPERATING BUDGET FOR FISCAL YEAR 1983 -84. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. The purpose of this hearing is to secure public input at the beginning of the budget process. This will allow the City Council and the Administration to consider the desires of the citizens during budget prepara- tions. No official action is necessary other than the public hearing. The Revenue Sharing "Proposed Use Hearing" is required by law. Mayor Dodd recognized Mr. Charlie Arnett, of 3120 Glengold, representing the Library Board. Mr. Arnett presented the Council a proposed budget in the amount of $1,960,000. for consideration in the 1983-84 budget of the City for the Library Board. Mayor Dodd recognized Ms. Glenna Grimmer, of 3040 Eric Lane, chairman of the Farmers Branch Historical Park and Restoration Board. Ms. Grimmer presented the Council a proposed budget in Vol. 40, Page 4. • the amount of $8,021,000. for consideration in the 1983-84 budget of the City for the Historical Preservation and Restoration Board. Mayor Dodd recognized Mr. Barney Wood, representing the Park and Recreation Board. Mr. Wood presented the Council a proposed budget in the amount of $1,501,000. for consideration in the 1983 -84 budget of the City for the Park and Recreation Board. Mayor Dodd recognized Ms. Mae Lewin, of 3639 Pine Valley. Ms. Lewin requested the construction of a landscaped wall and jogging path on the west side of Marsh Lane from Tanglewood to the Farmers Branch Creek be considered on the 1983 -84 budget. Councilman Blair made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye ". The public hearing was closed. AGENDA ITEM NO. C.2- CONSIDER REQUEST BY WARNER AMEX CABLE COM- . MUNICATIONS, INC. TO CHANGE RATES FOR CABLE T.V. AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Warner Amex has filed an intent to increase rates for cable T.V. The increased monthly rates are as follows: From To 1 Basic Service $7.95 $8.75 2. Additional Outlet 3.00 3.25 3. Program Guide -0- 1.00 4. Premium Channels 7.95 8.95 The City Council has authority to establish charges and exercise original jurisdiction over all rates other than premium channels. Federal law prohibits the City Council's original jurisdiction over premium channels. Should the City Council agree with Warner Amex and determine this is a minor rate increase, the rates can be approved without a public hearing or additional filing of informtion as required. Should the City Council determine this is a major rate increase, the request would need to be denied and Warner would be required to follow the procedure for a major rate increase. The City Staff is of the opinion the inclusion of the $1.00 charge for the Program Guide will increase annuala revenues in excess of $50,000. which would make this request a major rate increase. The City Staff recommends the rate increase be denied as proposesd as it would constitute a major rate request. Mayor Dodd recognized Mr. Lee Jackson, general manager of Warner Amex. Mr. Jackson presented the proposal for new rates to the Council and explained the reasons for requesting these rates. Vol. 40, Page 5• • Mr. Jackson introduced Ms. Lynda Kennedy, customer service manager, and Ron Kepplinger, chief technician, with Warner Amex. Mayor Dodd recognized Mr. Jame's Talley, 3030 Longmeade. Mr. Tally stated that he was in objection to the rate increase and asked when lock boxes would be made available. After discussion concerning the rate request being a major request and the need for more information, Councilman Johnson made a motion to adopt Resolution No. 83 -017 suspending the sche- dule of rates for a period of 120 days from July 12, 1983, for further study, investigation, presentation of evidence and public hearing. Councilman Blair seconded the motion with all members voting "aye ". The motion carried unanimously. AGENDA ITEM NO. C.3- DISCUSS REPORT OF THE FARMERS BRANCH SENIOR ADULT STUDY COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by stating that the item had been placed on the agenda at the request of Mrs. Alice Ellett, chairman of the Farmers Branch Senior Adult Study Committee. Mayor Dodd recognized Mrs. Alice Ellett, of 3460 Chapparal. Mrs. Ellett presented the Council with the study from the Farmers Branch Senior Adult Study Committee and asked the Council to con sider a senior adult center and programming needs for senior adults in Farmers Branch and be considered in the 1983 -84 budget. Councilwoman Dingman made the following motion; 1. To proceed defining the senior citizen program on pro- viding a facility in the 1983 -84 budget year by holding a study meeting tentatively Saturday July 1.6, at 9:00 a.m. 2. Instruct the City Staff to provide the Council with information from the Farmers Branch Senior Adult Study Committee about the funds available from outside sources and information about the county wide health program, their services and cost figures. Councilman Weidinger seconded the motion with all members voting "aye ". The motion carried unanimously. AGENDA ITEM NO. C.4- CONSIDER REQUEST FOR STUDY OF ALL VACANT RESIDENTIAL PROPERTY IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Vol. 40, Page 6. • Mayor Dodd opened the discussion by stating that this item had been placed on the agenda at the request of Mrs. Mae Lewin of 3 639 Pine Valley. Mayor Dodd recognized Mr. Bill Fleming, 12906 Mitchwin. Mr. Fleming made the following statements: 1. All the communities in the Farmers Branch area are having a land management problem and that the oldest community in the area, Farmers Branch, ought to have leadership in land management. 2. Residents of Farmers Branch are determined that any new residential structures will reflect the neighborhood that they are built in. 3. Residents of Farmers Branch are determined to preserve the integrity of residential property. Mr. Fleming proposed that the City Council immediately authorize a 6 month moratorium for accepting applications for zoning changes from residential development and a study be performed to decide whether any further residential zoning changes should be made in Farmers Branch. There was discussion concerning a moratorium not being necessary due to the stand that the Council had taken on preserving the zoning on residential property, the need for an updated master plan and taking an immediate look at the undeveloped residential property in Farmers Branch. Mayor Dodd recognized Mr. John Wells, 13521 Heartside. Mr. Welts stated that the property where the current Safeway is located had been rezoned from residential zoning. Mayor Dodd recognized Mr. Bill Lawson, 2666 Mt. View. Mr. Lawson stated that along Tom Field and Valley View two residential pro- perties had been converted into office buildings. It was stated that the City Council intended to keep the residen- tial zoning on property where it was already designated as such Mayor Dodd recognized Ms. Mae Lewin, 3639 Pine Valley. Ms. Lewin asked for some type of assurance to keep the residential zoning on property. She stated that there should be some way to let future developers know that residentially zoned property will stay zoned residential. Vol. 40, Page 7. • Mayor Dodd recognized Ms. Ellen Miller, 2803 Lineville. Ms. Miller asked why the citizens should have to watch the possible zoning changes if the Council gives the citizens the'assurance' that residential property wound not be rezoned. Mayor Dodd recognized Ms. Toni Bauer, 14519 Oakmont. Ms. Bauer questioned how long a period of time there is between a proposed zoning change and notification to the citizens and stated that a longer notification time might be needed. Mayor Dodd recognized City Attorney John Boyle. Mr. Boyle stated that by state statutes there was a 10 day advance notification to all property owners within 200 ft. required. He stated that for the public hearing before the City Council 15 days notice in the newspaper was required. Mr. Boyle stated that the City Staff could be instructed to lengthen the time of notification as a matter of policy instead of incorporating it into an ordinance so that the notification process could not have the chance of being invalidated. Councilwoman Dingman made a motion to instruct the City Staff to come back to the Council with recommendations for extending the time and extending the geographical notification as a matter of instructional policy. Councilman Blair seconded the motion with all members voting "aye ". The motion carried unanimously. AGENDA ITEM NO. C.5- PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A CHURCH AND TAKE APPROPRIATE ACTION. REQUESTED BY THE WORD OF FAITH WORLD OUTREACH CENTER FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND MARSH LANE IN THE R -2 ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. The applicant has requested that the item be withdrawn from the Agenda. Notices have been sent to all property owners within 200 ft. of the subject property and a notice published in the local newspaper advertising the public hearing. The Planning and Zoning Commission accepted the withdrawal, did not conduct the public hearing and did not make a recommendation concerning the request to the City Council. Based upon the procedures established by the Zoning Ordinance for granting of a specific use permits, the City Council cannot take any action toward the specific use per - mit due to there not being any recommendation from the Planning and Zoning Commission. No action was necessary. Vol. 40, Page 8. AGENDA I TEM NO. C.6- PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR AN INSTITUTION OF RELIGIOUS OR PHILANTHROPIC NATURE AND TAKE APPRO- PRIATE ACTION. REQUESTED BY TIIE WORD OF FAITH WORLD OUTREACH CENTER FOR THE PROPERTY LOCATED AT 12621 DENTON ROAD IN THE PD -31 ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. The City's Zoning Ordinance requires a specific use permit for a church or institu- tion of religious or philanthropic nature within the PD -31 zoning district. Word of Faith Church would like to use the existing building at 12621 Denton Drive for conducting church services for youth and single adults. The parking area is not large enough to supply the parking requirements for a church use within the building. The Planning and Zoning Commission recommends that the request for a specific use permit be denied, but that the City Council approve a temporary use of civic and philanthropic nature to allow the church to occupy the building for a temporary period of time not to exceed one year Mayor Dodd recognized Mr. Spencer Nordike, of 2200 Trinity Mills, youth pastor of Word of Faith World Outreach Center. Mr. Nordike requested that the Council allow Word of Faith to use the building at Denton Road and the parking lot for a temporary period of one year. Mayor Dodd recognized Ms. Mae Lewin, 3639 Pine Valley. Ms. Lewin asked for a point of information about Word of Faith World Outreach Center being an incorporated organization. Mr. Nordike responded that Word of Faith World Outreach Center Church, Inc. was a non - profit incorporated organization. Mayor Dodd recognized Ms. Toni Bauer, 14519 Oakmont. Ms. Bauer stated that there were 11 parking spaces for the building with a possible occupancy of the building of approximately 140 people. Councilman Blair made a motion to close the public hearing. Councilman Johnson seconded the motion with all members voting "aye ". The public hearing was closed. Councilman Blair made a motion to deny the request for a specific use permit for Word of Faith World Outreach Center for the pro - perty located at 12621 Denton Road. Councilman Johnson seconded the motion with all members voting "aye ". Vol. 40, Page 9• • AGENDA ITEM NO. C.7- CONSIDER REQUEST FOR TEMPORARY USE OF CIVIC AND PHILANTHROPIC NATURE AND TAKE APPROPRIATE ACTION. REQUESTED BY THE WORD OF FAITH WORLD OUTREACH CENTER CHURCH FOR THE PRO- PERTY LOCATED AT 12621 DENTON - ROAD IN THE PD -31 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Section 8 -102 of the City's Zoning Ordinance allows a temporary use of civic or philanthropic nature in any zoning district of the City by resolution -of the City Council. The Word of Faith Church would like to occupy the building at 12621 Denton Road on a temporary basis for a period not to exceed 1 year. The Word of Faith Church plans to use the building for church services and activities for youth and single adults. The Planning and Zoning Commission recommends that the temporary use be approved for a period not to exceed one year. Mayor Dodd recognized Mr. Spencer Nordike, youth pastor with Word of Faith. Mr. Nordike explained that construction of streets was taking place and that construction of the building would follow. There followed discussion concerning parking, the expansion of restroom facilities, the complying with minimum code requirements and if this item is a proper use for civic and philanthropic use. Councilman Johnson made a motion to grant a temporary permit for religious and philanthropic use on this property to expire on the earliest of one year from this date or upon the granting of a Certificate of Occupancy for the Word of Faith Garden Learning Center and that the building meet all fire and health standards prior to occupancy. The motion died for a lack of second. Councilman Blair made a motion to deny the request for a tem- porary use of civic and philanthropic nature for the Word of Faith World Outreach Center Church. Councilwoman Dingman seconded the motion with Councilmembers Blair, Dingman and Weidinger voting "aye" and Councilman Johnson voting "nay ". The motion carried by a 3 to 1 vote. AGENDA ITEM NO. C.8- PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A JACK -IN- THE -BOX NON- DRIVE -IN RESTAURANT WITH OUTSIDE SALES WINDOW TAKE APPROPRIATE ACTION. REQUESTED BY JOE LANCASTER FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF VALIEY VIEW LANE AND JOSEY LANE IN THE PD -8 (LR -1) ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Article €, Section 114 of the City's Zoning Ordinance requires a specific use permit for a non - drive -in restaurant with outside sales window in the PD -8 Vol. 40, Page 10. • (LR -1) zoning district. Mr. Joe Lancaster, representing the owners of Tract 1 of the Farmers Branch Shopping Center, is requesting a specific use permit to locate a Jack -In- The -Box restaurant at the southwest corner of Valley View Lane and Josey Lane. The property is within the PD -8 (LR -1) zoning district. The Planning and Zoning Commission recommends that the specific use permit be granted subject to the following conditions: 1 A site plan be approved prior to building permits being issued. 2. The renovation of the existing buildings and parking lots in Tract 1 facing Josey Lane must be completed prior to a Certificate of Occupancy being issued for the new buildings. 3. The construction of the new buildings on Tract 1 will not begin prior to commencing renovation of existing buildings. 4. Sign details are to be provided to and approved by the City Staff. 5. Landscape plan and sprinkler plan be approved by the City Staff. Mayor Dodd recognized Mr. Joe Lancaster, representing the owners of Tract 1 of the Farmers Branch Shopping Center. Mr. Lancaster presented the request for a Jack -In -The -Box restaurant and explained that as soon as a specific use permit was approved for this restaurant the owners of Farmers Branch Shopping Center would begin the remodeling of the shopping center. Mayor Dodd recognized Mr. Robert Bruff, of 12300 Ford Road, zone development manager for Food Maker Inc. Mr. Bruff gave a presen- tation on the background and future of the Jack -In- The -Box restaurants. Mayor Dodd asked if there was anyone in favor of the request for specific use permit. No one spoke. Mayor Dodd asked if there was anyone in opposition to the request for specific use permit. Mr. John Wells, 13521 Heartside, stated that he was opposed to more traffic and trash being generated in this area. Councilman Johnson made a motion to close the public hearing. Councilman Vleidinger seconded the motion with all members voting "aye ". The public hearing was closed. Vol. 40, Page 11 There followed discussion concerning the construction of Wendy's, similar type restaurants in the same area, traffic caused by congregating vehicles at fast food restaurants, the remodeling of the Farmers Branch Shopping Center and alternate uses for this tract of land. Mr. Lancaster stated that there was economic need for a freestanding building at that location to generate the needed funds to remodel. Councilman Blair made a motion to deny the request for specific use permit for a Jack -In -The -Box restaurant. Councilman Johnson seconded the motion with all members voting "aye ". AGENDA ITEM NO. C.9- PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A TRUCK LEASING AND FUELING FACILITY AND TAKE APPROPRIATE ACTION. REQUESTED BY DALHO CORPORATION FOR THE PROPERTY LOCATED AT 1885 VALLEY VIEW LANE IN THE PD -22 (LI) ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. This item was continued from the June 6, 1983, City Council meeting. The Planning and Zoning Commission has continued the item until their June 27, 1983 meeting. Due to the procedures established by the Zoning Ordinance, the City Council cannot take action regarding the request until they have obtained a recommendation from the Planning and Zoning Commission. The Planning and Zoning Commission recommends that the item be continued until the July 1 1 , 1983 meeting. Councilman Johnson made a motion to continue the item until the July 11, 1983 meeting. Councilman Blair seconded the motion with all members voting "aye ". The motion carried unanimously. MAYOR DODD ANNOUNCED THAT WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. HAD REQUESTED THAT AGENDA ITEM NO. C.10- CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. FOR THE WORD OF FAITH WORLD OUTREACH CENTER ADDITION AND AGENDA ITEM NO. C.11- CONSIDER REQUEST BY WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. FOR FINAL PLAT APPROVAL OP THE WORD OF FAITH WORLD OUTREACH CENTER ADDITION BE REMOVED FROM THE AGENDA. Councilman Johnson made a motion to remove Items No. C.10 and C.11 from the agenda. Councilman Weidinger seconded the motion with all members voting "aye ". The motion carried unanimously. Vol. 40, Page 12. AGENDA ITEM NO. C.12- CONSIDER ORDINANCE NO. 1440, PROVIDING FOR METHOD OF CHARGING DEVELOPMENTS FOR WATER AND SANITARY SEWER IMPROVEMENTS FOR THE EAST SIDE IMPROVEMENT AREA AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. At the June 6, 1983 meeting, the City Council adopted a policy for charging developments in the East Side Improvement Area for part of the costs for needed water and sanitary sewer system improvements. Ordinance No 1440 has been prepared which includes the details of the policy adopted by the City Council and would enact the new policy. A brief summary of the policy included in the Ordinance. is that the Developers will be charged for 80$ of the total costs of the water and sanitary sewer improvements and the City will pay 20% of the costs. The City Staff recommends that the Council adopt Ordinance No. 1440. Councilwoman Dingman made a motion to amend proposed Ordinance No 1440 as follows: 1. In Section 3, under "2. Pro Rata may be paid as follows:" amend . from the date of the Developer's Contract . ." to read ". . from the date of obtaining a building permit . . ". 2. In Section 3, under E.4, amend ". . . this Section shall expire as of June 20, 1998, 15 years from date ." to read ". . this Section shall expire as of June 20, 2003, 20 years from date . . ." Councilman Johnson seconded the motion and asked to amend the motion to include the following amendment to proposed Ordinance No. 1440: 3. In Section 3, under E.1, amend ". . . the percentage of buildout . ." to read ". . the percentage of buildout of water and sanitary sewer system . . ". Councilwoman Dingman accepted the amendment with all members voting "aye ". The motion carried unanimously. After discussion, Councilman Johnson made a motion to adopt Ordinance No 1440 as amended. Councilman Blair seconded the motion. Councilman Johnson asked to amend the motion to include the following amendment to proposed Ordinance No. 1440: Vol. 40, Page 13. • 1. In Section 3, under E.4, amend ". . . this Section shall expire as of June 20, 2003, 20 years from date ." to read ". . this Section shall expire as of June 20, 2013, 30 years from date . ." Councilman Blair accepted the the amendment with Councilmembers Johnson and Blair voting "aye ", Councilmembers Dingman and Weidinger voting "nay" and Mayor Dodd voting "aye ". The motion carried by a 3 to 2 vote. AGENDA ITEM NO. C.13- CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH CENTRE DEVELOPMENT COMPANY, INC. FOR THE REPLAT OF THE CENTRE ADDITION, LOT 1, BLOCK C AND TAKE APPROPRIATE ACTION Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Developer's Contract provides for the installation of the necessary public improve- ments for The Centre Addition, Lot 1, Block C in accordance with the City's Subdivision Ordinance. The City Staff recommends that the Developer's Contract be accepted. Mayor Dodd recognized Mr. Craig Knight, representing Centre Development Co. Mr. Knight stated that he was in agreement with the revised Developer's Contract. Councilman Blair made a motion to authorize the execution of the Developer's Contract that had been revised by the City Staff. Councilman Weidinger seconded the motion with all members voting "aye " . The motion carried unanimously. AGENDA ITEM NO. C.14- CONSIDER REQUEST BY CENTRE DEVELOPMENT COMPANY, INC. FOR APPROVAL OF THE REPLAT OF THE CENTRE ADDITION, LOT 1, BLOCK C AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This tract of land is located in the now existing office development known as The Centre. This particular tract is situated in the southwest corner of the intersection of Greenview Blvd. and Alpha Road. This property is being replatted due to the fact that an addi- tional section of land was needed to accommodate parking require- ments. This replat has been reviewed by the Engineering Division and it complies with the City's requirements for replat approval. A Developer's Contract will be required for this project. The Planning and Zoning Commission recommends that this replat be approved. Vol. 40, Page 14. • After discussion, Councilman Johnson made a motion to approve the request by Centre Development Co., Inc. for the replat of the property located at the southwest corner of the intersection of Greenview Blvd. and Alpha Road`. Councilman Weidinger seconded the motion with all members voting "aye ". The motion carried unanimously. MAYOR DODD ANNOUNCED THAT AGENDA ITEMS C.16 AND C.17 WERE ADDED TO CONSENT ITEMS. AGENDA ITEM NO D.1- CONSIDER AWARDING THE BID FOR PURCHASE OF A MATERIALS CONVEYOR AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the disscussion by giving the following infor- mation from an Administrative memo. Bids were received at 10:30 a.m. on June 6, 1983 for one materials conveyor with an electric motor and an alternate bid for the same specifications with a gasoline engine. Requests for bids were mailed to four vendors and three receipts of acceptance were received by the City. The lowest base bid received was from Angel Manufacturing Company of Fort Worth, Texas in the amount of $14,800., with the lowest alternate bide of $17,900. for the gasoline engine conveyor. Funds are available in the current Street Division budget for this purpose. The City Staff recommends that the bid be awarded to Angel Manufacturing Company in the amount of $17,900. After some discussion of the use of the equipment, Mayor Dodd recognized City Manager, Paul West. Mr. West explained that the process now used was to load a mixer onto a flat bed truck after hand loading the cement into the mixer. Mayor Dodd recognized Director of Public Works, Earl Deland. Mr. Deland stated that obtaining a materials conveyor would at least double the productivity of the mud -jack operation. Councilman Johnson made a motion to award the bid for a materials conveyor to Angel Manufacturing Company in the amount of $17,900. Councilman Weidinger seconded the motion with Councilmembers Johnson, Weidinger and Dingman voting " aye" and Councilman Blair voting "nay ". The motion carried by a 3 to 1 vote. ITEM NO. D.2- CITIZEN PARTICIPATION. No one spoke. MAYOR DODD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING Vol. 40, Page 15• • WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252 -17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND FENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1- EXECUTIVE SESSION. a. Discuss Personnel Matters There was discussion on Board applications. b. Discuss Land Acquisition There was discussion of possible land acquisition with, Mr. Lassiter and Mr. Harry Vaughn for 2.63 acres at 12800 Webb Chapel Road. c. Discuss Pending and Contemplated Litigation City Attorney John Boyle gave a status report of the Addison Sewer Suit. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2- CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Weidinger made a motion to reappoint to Boards the following people: 1. Charles Arnett to the Library Board, Place 1, for a term to expire May 1, 1985 2. Bobbye Irvin to the Library Board, Place 2, for a term to expire May 1, 1985 3. Doug McNeill to the Planning and Zoning Commission, Place 6, for a terra to expire May 1, 1985 4. Joe Koegler to the Planning and Zoning Commission, Place 7, for a term to expire May 1, 1985 and appoint Wallace Waggoner to the Drainage Study Committee. Councilman Blair seconded the motion with all members voting "aye" The motion carried unanimously. Vol. 40, Page 16. AGENDA ITEM NO E.3- CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. E.4- CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO F.1- ADJOURNMENT. Councilman Johnson made a motion to adjourn the meeting. Councilman Weidinger seconded the motion with all members voting "aye" The motion carried. The meeting of June 20, 1983 was adjourned at 12:20 P.M. Mayor John Dodd City Secretary Vol. 40, Page 17. 1 FaRmeRs BRancH COUNCIL MEMORANDUM From;the Office of the City Manager Date: July 6, 1983 Subject: AGENDA ITEM NO. B.lb CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN THE WORD OF FAITH OUTREACH CENTER AND THE CITY OF FARMERS BRANCH, AND ACCEPTING A HOLD HARMLESS AGREEMENT. EXPLANATION: The attached Developer's Contract provides for the installation of all required public improvements for the Word of Faith Outreach Center Addition to the City of Farmers Branch, in accordance with our current subdivision ordinance. This land is being platted, and public improvements will be installed accord- ing to the provisions of this contract, before issuance of a Cer- tificant of Occupancy. RECOMMENDATION: It is recommended that this contract be approved, and the City Manager authorized to sign for the City of Farmers Branch. ACTION BY COUNCIL: Motion to authorize the City Manager to sign this Developer's Contract and accept a Hold Harmless Agreement, or motion disapproving contract. PMW /ED /KVC•vb Attachments: 1. Copy of Developer's Contract and Hold Harmless Agreement 2. Location sketch C r i... A=0 ; : ,. F RmeR BRancH STATE OF TEXAS X X DEVELOPER'S CONTRACT COUNTY OF DALLAS X This Contract of Agreement is entered into the day of , 1983, between the City of Farmers Branch, Texas, hereinafter called "CITY ", and Word of Faith World Outreach Center Church, Inc. hereinafter called "DEVELOPER ", for the development of Word of Faith World Outreach Center Addition WITNESSETH, that for and in consideration of the City permitting and allowing the platting and development of the parcel of land as shown in Exhibit "A ", and in compliance with the requirements of the Subdi- vision Ordinance No. 1430, as amended, and the Comprehensive Zoning Ordinance No. 769, as amended, the Developer, its representatives, heirs, assigns, successors, trustees and /or all others holding any interest, now or in the future, agree to•enter into this contract which shall operate as a covenant running with the land and be binding upon the Developer with the following provisions: Section 1. General: In the event that the Developer fails to comply with any of the provisions of this Developer's Contract, the City shall be authorized to revoke any and all Certificates of Occupancy that may have been previously issued in relation to this development and further the City shall be authorized to file this Developer's Contract in the Mechanic's Lien Records of Dallas County, Texas as a Mechanic's Lien against the Developer's property for the full amount of charges necessasry to complete the requirements specified in this Developer's Contract. • Section 2. Platting: All property owned by the Developer and located within the limits of the attached Exhibit "A" shall be platted in con - formance with the Subdivision Ordinance No. 1430, as amended, before any Building Permits will be issued. Section 3. Public Improvements: All required public improvements shall be provided by the Developer at no cost to the City, in accor- dance with the requirements of the Subdivision Ordinance No. 1430, as amended, and the Comprehensive Zoning Ordinance No. 769, as amended, CITY OF Fc7. Rm22RS I3Rr7. r1CH P.O.F3OX 340435 FaRmGRS BR2flCH, TEXc7S 75234 21412 -3131 LUIWEO Ifl FRIEfIOSHIP WITH THE DISTRICT OF BRSSETLRW, nOTTU1GHRITISHIRE, GRERT BRITRIfl and any and all other Ordinances and Policies of the City prior to the issuance of any Certificate of Occupancy. Plans for all required public improvements shall be provided by the Developer at the time of platting and all such plans shall be approved by the Director of Public Works, or his agent. A. Fire Hydrants: The Developer shall provide fire hydrants and associated water mains at locations where required by the Director of Public Works and the Fire Marshall of the City. All fire hydrants and water mains shall be Finally Accepted by the City prior to the issuance of any Certificates of Occupancy. B. Fire Lanes: The Developer shall provide Fire Lane Access, with such Fire Lanes to be maintained by the Developer, at no cost to the City. Such Fire Lanes shall be dedicated to the City. The Fire Lanes shall be provided at locations spe- cified by the Director of Public Works and the Fire Marshall of the City. Failure of the Developer to maintain Fire Lanes shall constitute a Nuisance. C. Pro Rata on Water and Sanitarj Sewer Mains: The Developer shall pay Pro Rata Fees on existing water and sanitary sewer mains prior to the issuance of any Building Permits. The amount of Pro Rata Fees shall be as follows WATER: 330 L.F. C $4.00 /L F. = $1,320.00 SANITARY SEWER: 744 L.F. @$3.00 /L.F. _ $ 2,232.00 TOTAL PRO RATA $ 3,552.00 These Pro Rata Fees do not relieve the Developer from paying for tapping fees, meter charges or additional onsite water and /or sanitary sewer mains required for this development. D. Drainage: The Developer shall submit a Drainage Plan for all of the property depicted on Exhibit "A ", with such Drainage Plan to be prepared in accordance with standard criteria of the City. The Drainage Plan shall be approved by the Director of Public Works, or his agent, and all drainage improvements shall be completed prior to the issuance of any Certificates of Occupancy. The operation and maintenance of all drainage structures located within drainage easements and street rights -of -way shall be the responsibility of the City after the Final Acceptance of such improvements. The Developer shall be responsible for the general maintenance of all drainage ease - ments located within the Development. Failure of the Developer to maintain drainage easements shall constitute a Nuisance. E. Streets: The Developer shall dedicate, at no cost to the City, the street right -of -ways needed for all streets located within and adjacent to the Development as required by the City. The Developer shall be responsible for the total cost of construction of all streets located within the Development and for one -half (1/2) the cost of construction of all streets adjacent to the Development. These construction costs shall include excavation, subgrade stabilization, street paving, sidewalks (where required), landscaping, sprinkler systems, street lighting, storm drainage facilities and street signs and markings. The Developer shall submit Engineering Construction Plans prepared in accordance with the requirements and specifications of the City, and such plans shall be approved by the Director of Public Works, or his agent, prior to the issuance of any Building Permits. Developer hereby agrees to construct the paving of Rossford and Pike Streets in accordance with the approved engineering plans. These projects shall meet final acceptance by the City prior to the issuance of any Certificate of Occupancy documents. The Developer hereby agrees to pay for one -half (1/2) the cost of Denton Drive adjacent to this Development when the construction is initiated. If, within thirty (30) days of the billing from the City, the payment is not received, the City will exercise the Mechanic's Lien as authorized and agreed to by the Developer in Section 1 of this Developer's Contract. F. Water and Sanitary Sewer Mains: The Developer shall provide water and sanitary sewer mains at locations where required by the Director of Public Works. The Developer shall submit Utility Plans prepared in accordance with the standard cri- teria of the City. The Utility Plans shall be approved by the Director of Public Works, or his agent, and all utility improvements shall be completed prior to the issuance of any Certificates of Occupancy. The Developer shall dedicate, at no cost to the City, utility easements for all water and sanitary sewer mains necessary for this Develoment as required by the City. The Developer will be required to extend a 12" water main from the north side of Carrick Street south along his western boundary line of Block 1, Lot 1 all the way to the south- western boundary corner of said mentioned tract. The operation and maintenance of all water and sanitary sewer mains shall be the responsibility of the City after the Final Acceptance of such improvements. The Developer shall be responsible for the general maintenance of all utility easements located within the Development. Failure of the Developer to maintain utility easements shall constitute a Nuisance. G. The Developer's Contract previously entered into on the 31st day of August, 1978 between the City of Farmers Branch and Word of Faith Outreach Center Church, Inc. is in full force and effect. H. Maintenance Bonds: A one (1) year, one hundred percent (100f) Maintenance Bond covering all public improvements constructed for this Development shall be provided to the City prior to the Final Acceptance of the public improve- ments. The Maintenance Bond will have an effective term of one (1) year from the date of Final Acceptance of the impro- vements by the City. Section 4. Abatement of Nuisance: In the event of the occurrence of a Nuisance, as described in Section 3.B., Section 3.D., and Section 3.F. of this Developer's Contract, and in the event the Developer has not commenced to remove and correct and proceeded with due diligence to remove and correct said Nuisance within thirty (30) days following receipt of written Notice from the City, the City shall have the right to perform required maintenance upon and /or to repair such Fire Lane or Easement as necesary to remove and correct said Nuisance and shall have the right to collect such fines and charges as permitted by City Ordinances providing for the abatement of Nuisance. If the Developer has not paid such fines and charges as billed by the City within thirty (30) days of the date of billing, the City will exercise the Mecahanic's Lien as authorized and agreed to by the Developer in Section 1 of this Developer's Contract. Section 5. Hold Harmless Agreement: The Developer shall provide a Hold Harmless and Indemnity Agreement relieving the City of any liabi- lity, causes of action and /or demands that may result from the actions of the Developer as the Subdivider /Developer of the parcel of land as shown in Exhibit "A ". Section 6. Waiver: The Developer expressly acknowledges that by entering into this Developer's Contract, the Developer shall never construe this contract as waiving any of the requirements of the Subdivison Ordinance No. 1430, as amended,and of the Zoning Ordinance No. 769, as amended, except as specifically herein agreed upon. Section 7. Termination of Contract and Release of Covenants: Upon the satisfactory completion by the Developer and acceptance by the City of all requirements of this Developer's Contract, this contract shall terminate and the City will execute a Release of Covenants to the Developer. RECOMMENDED: DEVELOPER: 1 /4, Director of Public ks Word Of Faith c d Outreach Center Robert G. Tilton, Pastor APPROVED AS TO FORM: CITY OF FARMERS BRANCH, TX City Attorney Paul M. West City Manager STATE OF TEXAS X HOLD HARMLESS X AND COUNTY OF DALLAS X INDEMNITY AGREEMENT For and in consideration of the City of Farmers Branch, Texas approving and allowing the development and subdivision of and other good and valuable consideration, We, , the Developer of this tract of land agree to enter into this agreement whereby we agree to fully release the City of Farmers Branch, Texas from all claims, suits, judgements and demands against the City of Farmers Branch, Texas which have accrued or which may accrue, and to hold the City of Farmers Branch, Texas harmless from all claims, suits, judgements and demands against the City of Farmers Branch, Texas, either severally or jointly, which have accrued or which may acccrue during and after the construction, development and subdivison of the above referenced development because of such construction, development and subdivision. It is agreed that the City of Farmers Branch, Texas has assumed no liability for the engineering design, development plan or subdivision of the above referenced development. The City of Farmers Branch, Texas, by execution of a Developer's Contract, is only granting a per - mit to develop property and in no wise shall be held liable for the development and subdivision of the above referenced development. EXECUTED THIS THE 3 ' DAY OF JOA)C. ,1983 DEVELOP P ;X Wor 'cY'f F i Wor d Outreach Center Robert G. Tilton, Pastor STATE OF TEXAS X X ACKNOWLEDGEMENT COUNTY OF DALLAS X BEFORE ME, the undersigned a Notary Public, in and for said County and State, on this day personally appeared Robert G. Tilton known to me to be the person(s) whose name is subscribed to the foregoing instrument and acknowledged to me that (he) they executed the same for the purposes and consideration therein expressed and that (he) they have the authority and power to enter into the foregoing instrument. SUBSCRIBEll AND SWORN TO BEFORE ME, on this the <_ day of , 1983 .e0 NoXary Public in and for It State of Texas, D las County, Texas My Commissio expires STATE OF TEXAS X X ACKNOWLEDGEMENT COUNTY OF DALLAS X BEFORE ME, the undersigned a Notary Public, in and for said County and State, on this day personally appeared Paul M. West, known to me to be the person whose name is subscribed to the foregong instrument and acknowledged to me that he executed the same for the purposes and consideration therein exressed and that he has the authority and power to enter into the foregoing instrument. SUBSCRIBED AND SWORN TO BEFORE ME, on this the day of , 1983 Notary Public in and for the State of Texas, Dallas County, Texas My Commission expires .,J W 1 i \ IMIE 2•.0 HAVENNURST 0 ,6 �. I-- zzo. u) GOODL,q (1) J '` ` z o Z Vl TAGE< id z..\ w S O VI NTAGE. ST TT T � VALLEY Z z.o 2 I . .. ?,-, ..0>- a o S' e '' p _,.4 r. PEFPE' , ....4....410/; � c J ' \ " 5 \ 4. WORD OF FAITH ‘CAR"■,..- v -c� N OUTREACH CENTER \ - #p0 COMPLEX ° 0R \vE o / i \ \1144(47t4; : A b I f j SPRJNGLAKE i t.r- .' 1 ' ' ‘ ■ ; \ (4') 4i DANNY - JEW 111a. _ IIIIII■ 1 - Ct NORTH 1 _LEY B ANCF! -` 1 � ---0 C! R . r .,,---.H r.y ):::>" - - , ` y .--- i � i i -.'.l , 1 . 1 \ i,./ , .. . , .... ...... Li.. - ‘ \\ t C F2RmeRs BRanCH COUNCIL MEMORANDUM From :the Office of the City Manager Date: July 6, 1983 Subject: AGENDA ITEM NO. B.lc CONSIDER REQUEST BY WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. FOR FINAL PLAT APPROVAL OF WORD OF FAITH WORLD OUTREACH CENTER ADDITION, AND TAKE APPROPRIATE ACTION. EXPLANATION: The proposed addition consists of five (5) separate tracts of land. These tracts are basically located in the area bounded by Denton Road, Valley View Lane, and Harry Hines Boulevard. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. A Developer's Contract will be required for this project. RECOMMENDATION: The Planning and Zoning Commission recommends that this final plat be approved. ACTION BY COUNCIL: Motion to approve this final plat, motion to deny approval, or other action desired by Council. PMW /ED /KVC:vb Attachments 1. Location sketch 2. Copy of plat w • � , t 2..o ■ 1 HAVENNURS } Zzo• GOODLq Z J ` ; Z a. v) a vi T GEec. TT T ``� ST. D VINTAGE S c a w ° O VALLEY Z e • o o A O fo} 4 , id,.. .,..,4b, ,,, � a -' Cl- �� PEPPE . ft.; .III c J A ! so , _, .„sulk • 9, N WORD OF FAITH V010-Co-C°0 OUTREACH CENTER CAR",. " \ • I C OMPLEX 0 , i -\\]. 0 • SPR1 NGLAKE 1� t s � ; . t -l a. DANNY 4111111/ 1111111b. 1 t A my 11111111 y. • NW IIII f ' 1 4 1, 1 as aft "la IL NORTH 't t a _LEY E, ;i NCN ' • 1/4....1.. 1 1 4___' 1 9.qA, , I ---- G �- --- 1 i I ' \ ... � 1 r {f j 1 4 1 i g T . 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S 1 = 1� I I 1 �` d yJ i I, %, I , • xz .• Li Liite • }� .t 3 'I l= , d 011) � :i L I 3e ` l _ 0. • 'I j :I „ 4 I . 777 ij • ►, ° Y L ii I . .r ±::, 1 , o @Eta , : 12 . ,. 1S = 1 t. 3.Y /d 1 Y i a t ti• 4. - .r: Tr O Q k •. 2! z i i t 1 1 ( r 1 1 M ie °: i 2”.... f'. L o z 2s xro 1 I e « 1 . . "" L - ' • 9 ; i !!( -61,17 VA — 1, — j "+4 x"1'1 . J j Z f'F 4 ..., 1 r 1i ) F2RmBRS BRancH COUNCIL MEMORANDUM From ;the Office of the City Manager Date: July 6, 1983 Subject: AGENDA ITEM NO. B.ld CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED TO THE STATE OF TEXAS FOR AN ABANDONED UTILITY EASEMENT, AND TAKE APPROPRIATE ACTION EXPLANATION: In 1975, the City of Farmers Branch relocated an exist- ing thirty inch (30 ") sanitary sewer to clear the construction of the extension of I.H. 635 (LBJ Freeway) between I.H. 35E and Luna Road. The relocation of the existing sewer was near the area where Farmers Branch Creek crosses I.H. 635. The Texas Highway Department has requested that the City of Farmers Branch execute a quitclaim deed for the utility easement that crosses the I.H. 635 right -of -way that was for the existing sanitary sewer prior to the relocation. The relocated sewer line is not within the utility easement, therefore, the easement is not needed by the City. RECOMMENDATION: The City Staff recommends that a quitclaim deed be granted to the State of Texas for the portion of the utility easement within the I.H. 635 right -of -way. ACTION BY COUNCIL: Motion to authorize the City Manager to execute a quitclaim deed to the State of Texas for an unused utility easement within the right -of -way of I.H. 635 near Farmers Branch Creek, or other action deemed appropriate by the City Council. PMW:ED:tr Attachments: 1. Quitclaim Deed 2. Location map State Department of Highways and Public Transportation Form D -15 -30 Page 1 of 4 Rev. 7 -75 QUITCLAIM STATE OF TEXAS COUNTY OF Dallas KNOW ALL MEN BY THESE PRESENTS: That City of Farmers Branch, Texas of the County of Dallas , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten and no /100 ($ 10.00 ) Dollars, and other good and valuable consideration to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have quitclaimed, and do by these presents Bargain, Sell, Release and forever Quitclaim unto the State of Texas all of Grantors' right, title, interest, claim and demand in and to that certain tract or parcel of land, situated in the County of Dallas , State of Texas, and being more particularly described as follows, to wit: RW Account 8018 -1 -43 Parcel No. 56 Deed to State of Texas from J.E.R. Chilton, III, dated November 14, 1972, recorded in Volume 73042, Page 0433, Deed Records of Dallas County, Texas. Form D -15 -30 Page 4 of 4 CORPORATION ACKNOWLEDGMENT Rev. 10 -61 • STATE OF TEXAS County of BEFORE ME, the undersigned authority, a notary public in and for County, Texas, on this day personally appeared , of , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said , a corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the day of , 19 . Notary Public in and for County, Texas. my 1 I t o 1 U a a+ I ! .4 I .x I I A f ! ` p b I T W o , ! A ! i c I i 1-a , o E., I ! o ! A o d ! 1 b o 1 ! ! ! ! a I i . ° i g r4 w g a s i I i Z i ! r/2 ! ! H 4 62 O I +, ! o. H 4-+ +D o a .4 E i o 1 ! ! r/2 'b 'O as E- z i , 0 ! I W ! ! ! w 8 I .-I = I I M i a'a I ! a k El p bo O d a A A i U x U ca CO g • E ENDORSEMENTS THE STATE OF TEXAS, County of I, - , Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing, dated the day of ___ —____ A. D. 19 with its authentication, was filed for record in my office on the __________day of _ _, A. D. 19_ at_______. o'clock M., and duly recorded this the:_______________ day of , A. D. 19_ at _o'clock ______M., in the Deed Records of said County, in Volume _______________ on Page _. Witness my hand and the seal of the County Court of said County, at office in Texas, the day and year last above written. Clerk of Court, _— — _—_— _— _______ —_ _ _County, Texas. By - - - - -- --- - -- Deputy. p . IN AGE S `JFTT STI �.� ______IL sj ‘ , i ♦ J U. t7 Ili s' 4. . • . \ '''... \ 11 TOO '';:: ".. 0 Q Qfl : ... C • 5T. •� ' • +l FTA � ill z d ('''`� 0 � i , \ j i . I north ` � , ii ® , . � - , mi , \ \ 11 7 , ::::::: . /11111 1 ■ ■ ' VALLEY B. ANCH It ‘, ` uJ - -- 0 C:R. , E > f ANC U 1 � UTILITY EASEMENT TO - � 5, BE QUITCLAIM DEEDED �� TO STATE OF TEXAS I t � �..-.) / . :I \ W ::::: / .t : / ,i Iii C- ....------- ... _"....... _______ _ „ __ _ _ _'_,, Aim OIM v. 7 --1 I - -- -- .. , 1:1 1 . MIL ° \ - '' m -- Z Z I. W a F— Q • • Q . 1. Id N i • Z • ' f • : • ■ ■ Rf) INSET E -_ UNEVILLE 1 k . I 1,, DR. r DR. 41 ' i kJ H� Z ". LI VIL north ( f IA 1 NI Fc7RIT1eRS BR211CH COUNCIL MEMORANDUM From;the Office of the City Manager Date: July 6, 1983 Sub i ec Agenda Item # B. lie CONSIDER AUTHORIZING THIRD QUARTER PAYMENT TO THE DALLAS COUNTY APPRAISAL DISTRICT UNDER PROTEST AND TAKE APPROPRIATE ACTION: INFORMATION: We have received the attached statement from the Dallas County Appraisal District. The quarterly payments for fiscal year 1982 -83 are $19,280.00. By paying the quarterly payments under protest we will continue to keep all options open to the City of Farmers Branch. RECOMMENDATIONS: It is recommended the third quarterly payment to the Dallas County Appraisal District in the amount of $19,280.00 be paid under protest. ACTION BY THE COUNCIL: A motion to pay or not to pay the third quarterly payment to the Dallas County Appraisal District in the amount of $19,280.00 under protest. PMW /JWW /lw 13 Fc7RMERS Qe LJ DALLAS COUNTY APPRAISAL DISTRICT 2601 LIVE OAK DALLAS, TEXAS 75204 STATEMENT OF ACCOUNT WITH YOUR RETURN THIS STATEMENT DATE ACCOUNT NO. STATEMENT DATE ACCOUNT NO. 6 -15 -83 I 3010 6 -15 -83 3010 City of Farmers Branch P. 0. Box 340435 Farmers Branch, Texas 75234 AMOUNT REMITTED IF PAYING BY INVOICE - CHECK SID CHECK NO. AMOUNT INDIVIDUAL INVOICES PAID CTION INVOICE NO. DESCRIPTION AMOUNT =Ma INVOICE NO. AMOUNT DUE Ilk 1983 Budget Allocation...$70,265.00 -83 3010 -3 3rd Quarter $19,280.00* $19,280.00 3010 -3 $19,280.00 4th Quarter 19,280.00 TOTAL BALA TOTAL Payable on or before DUE July 10, 1983 $19,280.00 « 0 $19,280.00 1!!!!!!!!!' FBR11eRS BR2r1CH OFFICE MEMORANDUM ROM: H.L. Harper TO: J.W. Wade DATE: June 23, 1983 Assessor /Collector of Taxes Director of Finance OBJECT: REFUNDS IN EXCESS OF $500. In accordance with CHAPTER 31, subsection 31.11, of the State Property Tax Code, I am submitting this refund for approval. Attached please find copy I- letter of request for refund. Copy II- Journal entry form received from the Dallas County Appraisal District changing the value on Walter Heller Co. The amount to be refunded is $1,576.88. HLH /bv CO PV I Walter lier & Company E. Helier p y 111111 May 31, 1983 Mr. Lee Harper City of Farmers Branch Tax Assessor and Collectors Office 13000 Wm. Dodson Parkway Farmers Branch, Texas 75234 Re: 1982 DCAD Adjustment, Account No. 93 -0093 Dear Mr. Harper: We are writing in reference to an adjustment to be initiated by Mr. Glenn Miller of the Dallas County Appraisal District to reduce the assessed value on our account by $394,218. In my prior conversation with Mr. Miller, we had indicated to him that the equipment leased to Inns of the Americas is located at Highway 114 and Esters Road, Irving, Texas 75062. We would appreciate it, when upon receiving this adjust - ment from the appraisal district, if you would issue a refund check in the amount of $1,576.88. Enclosed please find a copy !' of our cancelled check as proof of payment. Should you require any additional information, please contact me at (312) 621 -7483. Very truly yours, ;0 JoBeth Milello Corporate Tax JBZ•I : mf Encl. HELLER 105 West Adams Street, Chicago, Illinois 60603 312/621 -7000 Serwes f ccPy CCT.r RECORD TYPE: iG t' /SQ7" �;') 7/(Y) PERTY CLASS: 7,0 AL DESC: /�),.f� r�, t (Th D /B /A P. ADDRESS: (ST.NO.) (STREET) VA'1.'?)ri5' (CITY) is /(-- Jr ER: (NAME) 641( 1/K�? i /0-0, (ADDRESS) /AT7S7 AD ��S J SON : C Zr/r /a. ( ri; a2.1r) t -- 0-4(1 i 0-4 2 )7> >DE / /frv' /- k' 4 X2"7`/ = i s d i c t i o n s: COUNTY CITY CF ISD SPECIAL HOSP. COLLEGE estead Disabled Vet. for Citizen VALUATION DATA abled Person conM TO NET CHANGE(+ or -) IMPR0VF " Lo'. FanmeRs F3P'1CH COUNCIL MEMORANDUM From ;the Office of the City Manager Date: July 7, 1983 Sub-1 ct AGENDA ITEM NO. C.1 CONSIDER REQUEST FOR FUNDS IN 1983 -84 BUDGET FOR UPGRADING SIGNAL WARNING SYSTEM AT VALWOOD PARKWAY AND BURLINGTON NORTHERN RAILROAD AND TAKE APPRO- PRIATE ACTION. EXPLANATION: This item has been placed on the agenda at the request of Bob Whittkower of 1311 Grinnel, Richardson. PMW:rap „i 11E3 COUNCIL MEMORANDUM F3Rm1Rs grand -I From: The Office of the City Manager Date: July 7, 1983 Subject: AGENDA ITEM NO. C.3 PUBLIC HEARING: RECONSIDER ORDINANCE NO. 1420 WHICH REQUIRES OWNERS OF RENTAL HC ES TO OBTAIN A LICENSE AND ORDINANCE NO. 1436 ESTABLISHING THE DEFINITION OF A "FAMILY ". EXPLANATION: On June 6, 1983, the City Council directed that a public hearing be called to consider two ordinances. Ordinance No. 1420 which requires owners of rental homes to obtain a license from the City. Ordi- nance No. 1436 which establishes the definition of a family. RECOMMENDATION: None. ACTION BY COUNCIL: Several options are available. Options for Ordinance No. 1420. 1. Motion that the Ordinance not be amended. 2. Motion that the Ordinance be amended (any amendment desired by the City Council) and that the appropriate amending Ordinance be prepared. 3. Motion that the Ordinance be rescinded and that the appropriate rescinding Ordinance be prepared. Options for Ordinance No. 1436. (an amendment to the zoning ordinance). 1. Motion that the Ordinance not be amended and that no action be taken. 2. Motion that the Ordinance be amended and direct the !' Planning and Zoning Commission to call Public Hearings to consider amending the zoning ordinance by amending Ordinance No. 1436. Other options. Any other action desired by the City Council PMW:TES:tgd Attachments: 1. Council minutes of June 6, 1983 2. Notice of Public Hearing (letter to property owner and information sheet). 3. Ordinance No. 1420. 4. Ordinance No. 1436. 5. Memo - Suggested alternates. 6. Memo - Iowa City Housing Program 7. Letter - Responses to mailed notices. AGENDA ITEM NO. C.2- CONSIDER REQUEST FOR DISCUSSION OF ORDINANCE NOS. 143. AND 1420 RELATING TO DEFINITION OF FAMILY AND LICENSING PROCEDURE FOR RESIDENTIAL RENTAL PROPERTY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This item has been placed on the agenda at the request of Mr. Don Nichols residing at 3034 Selma Lane. Mayor Dodd recognized Mr. Don Nichols. Mr. Nichols stated that he was in opposition to the newly adopted Ordinances relating to the definition of family and the licensing procedure for residen- tial property due to the following points. 1. Lack of notification to the homeowners on the con - sideration of these ordinances. Vol. 39, Page 89. 2. The method of determining the definition of family is faulty. 3. Progressive infringement of personal rights. 4. Lack of need - out of 2500 inspections made in 1981 -82 to multi- family dwellings no citations were issued. 5. Difficulty of enforceability. After discussion concerning the points that Mr. Bennett made, Councilman Weidinger made a motion to hold a public hearing for Ordinance Nos. 1436 and 1420 at the June 20, 1983 Council meeting. Councilman Blair seconded the motion. After discussion relating to the amount of time needed to send notifications of the public hearing to interested parties, Councilman Weidinger made an amendment to the motion so that the public hearing be held at the first Council meeting in July and to hold any action the City Staff was to take in the hiring of an inspector. Councilman Blair accepted the amendment with all mem- bers voting "aye ". The motion carried unanimously. Vol. 39, Page 90. FROM CITY COUNCIL MINUTES OF JUNE G IcI6 3 0 F2RmERs BRBncH June 16, 1983 RE: Notice of Public Hearing - New Ordinance requiring Owners of Rental Homes to Obtain a License and Definition of a Family Dear Property Owner: PUBLIC HEARING The City Council wishes input from persons effected by, or interested in Ordinance 1420. The City Council has elected to hold a public hearing to reconsider the ordinance and obtain coments from in- terested persons. The public hearing will be conducted m July 11, 1983 at 7:30 p.m. within the Council Chambers of the Police Building located at 3732 Valley View Lane. The City Council recently adopted Ordinance No. 1420 which requires owners of rental hones to obtain a license from the City and which also defines a family. You have expressed an interest in or have been mailed previous correspon- dence relating to the ordinance and therefore the Council wishes to notify you of the public hearing. Attached is an information sheet outlining the requirements of Ordinance No. 1420. If you have questions, please contact the Community Services Department of the City of Farmers Branch by calling 247 -3131. Respectfully, Ton Scales Director of Cenmmity Services rn :cjm CITY OF Fc7RT2RS BR3fCH P.O.BOX 340435 F2RIT1eRS BRancH, TEX2S 75234 2141247 -3131 LIPINEO Ill FRIEflDSHIP WITH THE DISTRICT OF BRSSETLRW, IIOTT11IGHRTSHIRE, GRERT BRITRIf1 INFORMATION SHEET /ORDINANCE NO. 1420 The Farmers Branch City Council adopted Ordinance No. 1420 on April 18, 1983. The ordinance is known as the "Single Family Residence Licensing Ordinance ". The ordinance requires that a license be obtained fran the City by owners of single - family residences located within the City which are not occupied by the owners, but which are leased or rented to other occupants. The effective date of the ordinance is July 18, 1983. Owners of these rental homes must apply for a license before September 18, 1983. Each license expires 12 uonths from the date it is issued and must be renewed at that time. A license is required for each rental here owned. A fee of $35 will be required with each application for a license. Standards for obtaining a license and renewing a license include the following: (1) Only one family is to reside in any single- family duelling unit. A family is defined as "any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage, adoption. Foster children...shall be considered as being related to their foster parent or parents ", (2) All City codes and ordinances including the Minimum Housing Code shall be complied with at all times, (3) Licensee shall keep records that are available for review which reflect the following information in a current manner: a) Names of all tenants occupying each unit, b) Head of household, c) Degree, if any, of relation by blood, marriage, or adoption of tenants in each unit to each other, and (4) Inspections by the City to insure compliance with this ordinance. 011, ORDINANCE NO 1420 • AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, MAKING PROVISIONS REQUIRING A SINGLE FAMILY RESIDENCE LICENSE; PRO - VIDING DEFINITIONS; PROVIDING A LICENSE FEE AND A REINSPECTION FEE; PROVIDING STANDARDS; PROVIDING FOR INSPECTION OF CERTAIN RECORDS AND THE PREMISES; PROVIDING FOR AN APPEAL TO THE CITY COUNCIL; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Farmers Branch, Texas, hereinafter referred to as the "City ", has a substantial number of resident dwelling units located within property zoned, developed and used as single- family residences; and WHEREAS, the City has a concern about the population density within the single- family residences; that the single family residences used solely for single family purposes and a further concern that the units be not only constructed in . accordance with all of the applicable City ordinances but that the units be maintained in compliance with all such applicable ordinances; and WHEREAS, the City believes it is in the best interest of its citizens in the promotion and protection of the health, safety, morals and general welfare of the community that the City establish a licensing procedure applicable to single- family residences. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. TITLE. This ordinance shall be known as the "Single- Family Residence Licensing Ordinance ", hereinafter referred to as the "Ordi- nance", of the City of Farmers Branch, Texas. SECTION 2. DEFINITION. For the purpose of the ordinance, the following words and phrases have the meanings respectively ascribed to them by this section: a) Single- Family Residence. A single - family residence as referred to in this ordinance shall include: 1) One- Family Dwelling (detached) - A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family. 2) One- Family Dwelling (attached) - A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family and is located on a platted separate lot, delineated by front, side and rear lot lines. 3) Two- Family Dwelling - A single structure designed and constructed with two dwelling units under a single roof for occupancy by two families, one in each unit. • e 4) Condominium - the separate ownership of single dwelling units m a multiple unit structure or structures with common elements. b) Bedroom. A room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entry way, garage, patio or breezeway. c) Owner. Means a person claiming, or whom is vested, the ownership, dominion or title of real property, .including, but not limited to: 1. Holder of fee simple title; 2. Holder of life estate; 3. Holder of a leasehold estate for an initial term of five (5) years or more; 4. The buyer in a contract for deed; 5. A mortgagee, receiver, executor or trustee in control of real property; but not including the holder of a leasehold estate or tenancy for an initial term of •less than five years. d) Resident Owner. Any person who lives, stays, or dwells in a single- family residence which he owns. e) Non- resident Owner. Any person who does not live, stay or dwell in a single - family residence which he owns. f) Dwelling Unit. Means a structure, or that part of a structure, which is used as a home, residence, or sleeping place by one or more persons maintaining a common household to the exclusion of • all others. g) • Property Mananger. Means a person who for compensation has managing control of single- family residence for a non- resident owner. h) Resident Manager. Means a property manager or agent of a property manager who resides in the single- family residence. i) Premises. Means a lot, plot or parcel of land, including any structure thereon, and furthermore, including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants generally and any other area or facility the use of which is promised to the tenant. j) Landlord. Any owner, resident or nonresident, who leases or rents his single- family residence to another. k) Tenant. Means any person who occupies a dwelling unit for living or dwelling purposes with the landlord's consent. -2- 10 1) Lease or Rent. Any agreement which gives rise to a relationship of landlord and tenant. m) Person. Includes an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or community entity. n) City. City of Farmers Branch. o) Family. Any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage, adoption. Foster children, for the purpose of this definition, shall be considered as being related to their foster parent or parents. p) Foster Child. A person under the age of nineteen (19) years of age who is reared by another, though not related by blood or adoption. q) Building Inspector. The Chief Building Official of the City or his designated representative. r) Single Location. Single location is defined as property held in common ownership that is compact and contiguous property separated only by public streets. s) Single- Family Residence License. The license issued by the Building Inspector pursuant to this Ordinance and referred to as the "License" in this Ordinance. SECTION 3. LICENSE REQUIRED. _ a) It shall be unlawful for any non- resident owner to lease or rent a single family residence in the City without a current and valid license having been issued for said single - family residence. , Any non- resident owner leasing or renting a single- family residence at more than one location shall obtain a license for each separate location. b) A non- resident owner, or the non- resident owners' authorized agent, of a single - family residence shall file with the Building Inspector any and all Trade Names under which he operates with respect to the leasing or renting of each single - family residence. SECTION 4. LICENSE APPLICATION, PLACE OF BUSINESS, ISSUANCE, RENEWAL AND EXPIRATION a) An applicant for a license shall file with the Building Inspector a written application upon a form provided for that purpose which shall be signed by the nonresident owner, or his agent, or the property manager or resident manager if there be such. Should an applicant own more than one single family residence which he leases or rents, a separate application shall be filed for each location. The following information shall be required in the application: -3- j Name, address,- telephone number of nonresident owner, property manager, resident manager, mortgagee (if there is a mortgage against property); trade name of nonresident owner; names and addresses of all registered agents in case the parties above named are corporations; zoning categories; number of bedrooms; acknowledgment of receipt of copy of "Single- Family Residence Licensing Ordinance" and agree- ment to abide by same as a condition to receiving and maintaining a license. b) Nonresident owners currently leasing ' or renting a single - family residence shall apply for a license within 60 days of the effective date of this Ordinance. c) All licenses shall expire twelve months from the date of issuance of the license. d) The Building Inspector may, at any time, require additional relevant information of the nonresident owner or property manager to clarify items on the application. e) Upon changing ownership of the single- family residence a new license shall be obtained within thirty (30) days of the change with the fee charged for the change on prorated basis. The nonresident owner shall notify the City within 30 days of the change of ownership, property manager or resident manager. SECTION 5. LICENSE FEES. The annual fee for a license including any reinstatement license renewal under Section 8(a) is $35.00 per location. The fee for issuing a replacement for a lost, destroyed or mutilated license is $10.00 SECTION 6. LICENSE DISPLAY, REPLACEMENT AND TRANS- FERABILITY. a) A copy of each license issued pursuant to the Ordinance for a single- family residence shall be given by the landlord to each tenant to be maintained at all times at the single - family residence for which said license is issued. The copy shall have the word "Copy" stamped across its face. b) A replacement license may be issued for one lost, destroyed or mutilated upon application on the form provided by the Building Inspector. A replacement license shall have the word "Replace- ment" stamped across its face and shall bear the same number as the one it replaces. c) A single - family residence license is not assignable or transferable. d) The form of the license shall be prepared by the Building Inspector. •SECTION 7. LICENSE STANDARDS. -4- P • a) Standards. Continued maintenance and observance of the standards contained in this section are conditions that shall be complied with in order to retain a license and to obtain any renewal of a license. b) It shall be unlawful for any person to permit or allow more than one (1) family to reside in any single-family residence dwelling unit. c) All City building, electrical, plumbing, health, zoning and other applicable ordinances including the Minimum Housing Code shall be complied with at all times. (d) Licensee shall keep records that reflect the following information in a current manner: 1) Names of all tenants occupying each unit, 2) Head of Household, 3) Degree, if any, of relation by blood, marriage, or adoption of tenants in each unit to each other Said records shall be available for review by the Chief Building Official of the City, or his designated representative during regular working hours and upon receipt of reasonable notice. SECTION 8. INSPECTIONS, REINSPECTIONS AND CERTIFICATE OF OCCUPANCY. a) The nonresident owner, resident manager, and property manager, as a condition to the issuance of the license required by this Ordinance, shall consent and agree to permit and allow the City's building inspector to make the following inspections of the single - family residence when and as needed to insure compliance with this Ordinance. 1) Right and access to inspect all portions of the premises and structures located on the premises that are not dwelling units. This includes all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all other portions of the facilities not constructed as dwelling units, upon reasonable advance notice being given to the nonresident owner, property or resident man- ager. 2) Right and access to inspect all unoccupied dwelling units upon giving reasonable notice to nonresident owner, resident or property manager. 3) Right and access to inspect all occupied dwelling units when, upon receipt of reliable information, the building inspector has reason to believe that violations of the ordinances of the City or State law exist that involve serious threats to life, safety, health and property. 4) Annually, the nonresident owner, resident manager or pro- perty manager shall make all dwelling units in the single- family residence available for inspection by the Building Inspector. The Building Inspector and the nonresident owner, resident manager and property manager shall agree on a reasonable date and time for each annual inspection. In the event the parties cannot agree on an inspection time said annual inspection shall occur within fourteen days of the anniversary date of the application for the license. b) The Building Inspector, or his agent, may enforce the provisions of this Ordinance, upon presentation of proper identification to the occupant in charge of any unit, and may enter, with the occupant's permission, any unit between the hours of 8 :00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to persons, loss of life or severe property damage, the Building Inspector may enter the aforementioned dwellings at any time and the requirement for presentation of identification and the occu- pant's permission shall not apply. Whenever the Building Inspector is denied admission to inspect any premises under this provision inspection shall be made only under authority of a warrant issued . by a magistrate authorizing the inspection. In applying for such a warrant, the Building Inspector shall submit to the magistrate an affidavit setting forth his belief that a violation of this Ordinance exists with respect to the place sought to be inspected and the reasons for such belief. Such affidavit shall designate the location of such place and the name of the person believed to be the occupant thereof. If the magistrate finds that probable cause exists for an inspection of the premises in question, he may issue a warrant authorizing the inspection, such warrant describing the premises with sufficient certainty to identify the same. Any warrants issued will constitute authority for the Building Inspector to enter upon and inspect the premises described herein. c) In the event any of the inspections authorized on this Ordinance require a second reinspection due to noted violations, then a $25.00 reinspection fee shall be paid prior to the second resinspection. d) Certificate of Occupancy. Failure to comply with the terms of this Ordinance after receipt of written notice of the violation from the Building Inspector setting out the violations and the time allowed to rectify the violations, the nonresident owner's certifi- cate of occupancy may be withdrawn and the license authorized by this Ordinance may be cancelled. The Building Inspector may notify all public utility companies serving the single- family residence that the certificate of occupancy has been withdrawn and request that all public utility services be discontinued. e) Reinstatement. Any person requesting a reinstatement or reissu- ance of the certificate of occupancy shall be required to apply for and receive a new license issued under this Ordinance as a condition precedent to the reissuance or reinstatement of the certificate of occupancy. -6- • SECTION 9. APPEALS TO THE CITY. a) The nonresident owner, resident or property manager of such property may appeal any decision or order of the Building Inspector to the City Council of the City of Farmers Branch, by filing at the Office of the City Manager, within five (5) working days (Monday through Friday), during regular business hours, a written appeal of such decision or order to the City Council on a form to be supplied by the City Manager. b) As soon as practicable after receiving the written appeal, the City Manager shall fix a date, time and place for the hearing of the appeal by the City Council. Written notice of such date, time and place of the hearing shall be given to each appellant by the City Manager, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the written appeal. c) Failure of' any person to file an appeal in accordance with the provisions of this Code shall constitute a waiver of his right to a hearing by the City Council and the Building Inspector's decision shall be final. d) Orders of the Building Inspector are stayed pending appeaL e) Decisions of the City Council are final. SECTION 10. PENALTY. Any person-willfully violating any of the provisions of this Ordinance shall be subject to a- fine, upon conviction in the Municipal Court, of not more than Two Hundred ($200.00) Dollars and each and every day that the prohibited condition remains and restoration, if required, not accomplished, shall constitute a separate offense. Those fines shall be in addition to and cumulative of the provisions for the abatement of a nuisance and the obtaining of injunctive relief. SECTION 11. SEVERABILITY. If any section, paragraph, subdivis- ion, clause or phrase of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of any provision thereof other than the part so decided to be invalid or unconstitutional. SECTION 12. EFFECTIVE DATE. Effective date of this Ordinance shall be ninety (90) days from its passage. PASSED BY THE CITY COUNCIL of the City of Farmers Branch, Texas, on this the 18 day of April. 1983. APPROVED: egoir ..6111111KAnh 40 0-mprAiim b Mir' IMP' • -7- ATTEST: APPROVED AS TO FORM: # ; City Secretary City Attorney [SEAL] • -8- • ORDINANCE NO 1436 AN ORDINANCE AMENDING ORDINANCE NO 769, THE ZONING ORDINANCE OF FARMERS BRANCH, TEXAS, AMENDING THE DEFINITION OF FAMILY; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MOR- ALS, AND GENERAL WELFARE DEMAND AMENDMENT HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERG- ENCY. THE STATE OF TEXAS § COUNTY OF DALLAS § CITY OF FARMERS BRANCH WHEREAS, Ordinance No. 769, the Zoning Ordinance of Farmers Branch, Texas, presently defines the word "family" in Article 8 Section 8 -700 2.(91); WHEREAS, the requested amendment was submitted to the Planning and Zoning Commission of the City of Farmers Branch, Texas, hereinafter referred to as the "City ", for its recommendation and report; and WHEREAS, there was held jointly a Public Hearing of the Planning and Zoning Commission and the City Council, notice of public hearing having been given in accordance with law, at which all interested citizens were invited to attend and express their views; and WHEREAS, the Planning and Zoning Commission recommended an amend- ment of the definition of the word family to the City Council; and WHEREAS, the City Council does hereby find and determine that the granting of such amendment to the definition of the word "family" is in the best interest of the public health, safety, morals and general welfare of the City; NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: Section 1. That Ordinance No. 769, the Zoning Ordinance of the City of Farmers Branch, Texas, be and the same is hereby amended and changed in that Article 8, Section 8 -700 2.(91} is amended in its entirety to read as follows: "(91) Family - Any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage, or adoption. Foster children, for the purpose of this definition, shall be considered as being related to their foster parent or parents. Section 2. That the zoning regulation as herein established has been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. It has been designed, with respect to both present conditions and the conditions reasonably anticipated 01.) 0 to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent over- crowding of land, to avoid undue concentration of population facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal residential, business, commercial needs and develop - ment of the community. It has been made with reasonable consideration, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 3. This ordinance shall be cumulative of all other ordinances of the City of Farmers Branch, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 4. That the terms and provisions of this ordinance shall be deemed to be severable and that if the definition of "family" as amended herein shall be declared to be invalid, the same shall not affect the validity of the other terms and provisions of Ordinance 769, the Zoning Ordinance of Farmers Branch, Texas, and any amendments thereto. Section 5. That any person, firm or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties provided for in Ordinance 769, the Zoning Ordinance of the City of Farmers Branch, Texas, and any amendments thereto. Section 6. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, as provided by the laws of the State of Texas, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, this the 18 day of April A.D. 1983. • A 1- Lill fl ) 1 / War' or, City of Farmers Branc,) ATTEST: City S cretary, City of Farmers Branch, Texas • - 0 i APPROVED AS TO FORM: City Attorney 4 . Prepared by Community Services Dept. 7/7/83 POSSIBLE ALTERNATIVES - SINGLE FAMILY RESIDENTIAL UNITS INTRODUCTION Other alternatives may wished to be considered relating to renting of single- family residential units and the license requirement. The following is a list of possible alternatives. BOARDING OR ROOMING HOUSE The City's Zoning Ordinance defines a boarding or rooming house as "a building other than a hotel where lodging and /or meals for 3 or more persons are pro- vided for compensation ". The Zoning Ordinance does not allow boarding houses to be operated in residential zoning districts. The Council may wish to allow the operation of a boarding or rooming house in residential zoning districts of the City, provided a specific use permit is obtained. This would allow more than 2 persons to rent a home together and would allow a family plus more than 1 other related person to rent a home together. The current definition of a boarding house or rooming house does not limit the number of people who could live within the building. The Council may wish to attach conditions to this specific use permit considering size of the home, number of rooms, toilet facilities, parking, as well as the number of people living within the home. LICENSE REQUIREMENT The Council may wish to delete the license requirement of Ordinance No 1420. If the license requirement is deleted, there will be no inspection require- ments other than normal certificate of occupancy inspections upon change of occupant or change of ownership of the building. Possible violations will be handled on a complaint basis. AMEND DEFINITION OF SINGLE- FAMILY The definition of a family is currently family members plus 1 other unrelated member. The definition could be amended to either increase the number of unrelated individuals or decrease the number of unrelated individuals. OCCUPANT LOAD An occupant load could be established for a residence in the City. If the size of a family or the number of people living within a home exceeded the occupant load it would be in violation of the ordinance. The building code establishes a ratio of 300 sq. ft. = 1 person for dwelling units. Example, a 1500 sq. ft. home would have an occupant load of 5 people. 43) 8 - 101 PRIMARY RESIDENTIAL USES 4-4 C4 rl rA CV ri N M to 1D r-1 N 2 fl I 1 1 11111 ! 1 a M H A ' a s -aa aaA oauax TYPE USE One- Family jjV ' T ®♦ Detached ( ) l A ♦ T ♦ - One- Family Attached (2) ,f � � Two- Family Dwelling (3) v A v i r \� a All Multiple-Family Dwelling 4, or Apartment (4) Community Unit Development (5) S i S SS S'S.SS S SS S Boarding Or Rooming 1 House (6) >� Hotel or Motel (7) Trailer or Mobile Home For ��� ® Caretakers or Watchmen • -8- (151 Community Service Department MEMORANDUM ram III 3 Date 6/20/83 F3RmeR5 BR2nCI- I From Tcm Scales To Paul West Subject: ICWA CITY HOUSING AUTHORITY` On Friday, June 17, 1983, at 2 :30 p.m., I talked with Sherry an employee with the Iowa City Housing and Inspection Services Division. Sherry stated that Iowa City has had a Housing Program since 1981. They have a rental housing code which effects and controls all residential type housing, that would include multi - family, duplex as well as the normal single - family residence. A license is required for all types of rental units. Inspections are also required. Frequency of inspections varies depending upon the type of housing unit. Two -year frequency of inspections on multi - family, three -year frequency inspections on duplex, and four -year frequency of in- spections on normal single - family units. The license fee for a single - family unit is $44.00. The initial inspection for a residential unit is more detailed than later inspections. Itet*_s such as ceiling heights and floor areas are checked on the initial inspection, and an inventory of housing and code compliances built. The following inspections are only for maintenance type purposes to insure that homes are maintained. Due to the initial inspection requiring more work, it being more detailed,an additional $20 inspection fee is charged for that inspection. The State of Iowa has a state law requiring a city over a specified popula- tion to have a single- family housing inspection program. Iowa City was one of the first to adopt a housing program. Received extensive criticism from property owners when the program was adopted. Sherry stated that a copy of the Iowa City Rental Housing Code would be sent to us. TES:cjtn \ . �. 0 r alattal . , � „��)�� ( ��,�(1C �1( i )C �� � J � lot � 10883 Harry Hines Blvd • Dallas, Texas 75220 • 351 -2941 9-7-7,---1.- a--L / (- - / __ ,,,,, z , 4.,..--/ / --YC/7 , 7 / ..,- ,... 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' '''-'--:',- .--'''''' •''•'- '.-.:';'-'-'•- : - T -' ''''i - ..-.-- 1.-- ' ' ' ' :' ' '''' - • '-'v--i'''-*''''-''•;"-tV,Z:•:-.::•,-4'*:1--It:-44-'-*''''''.''' -.-:--":.7":-Tr: ' ''.' :- . - 1!: -- ;: • •• - ••': -- : •' : - . 1 ;1' ''''..1'• '' ';';,'.: '•'''.':''-. ' ;:., •. ::-(•-. • "1' ",-,:''' - ''•-• ' -- : ''' — - .••• , ••••• ••• ...--....,. ' ''' '''' ' ' ' '''' ' ' ' .1- '' ' 'tV'4 - "-''.=:;;'''''''^,,Y,, ''.:''''t-.7:•• .-'-',',- '''-'-" --..-'-'';'-'-''' :: '- :' '-:''''- ' ''' -.-: : ' •.-- ' — :': ' ' ' --- ' ' - '''''' "--.— '''''..' -•: . - ....' -: '. '' — — — - - ' June 20, 1983 Tom Scales Director of Community Services City of Farmers Branch P. 0. Box 340435 Farmers Branch, Texas, 75234 Dear Mr. Scales: This is the second time I have responded to a notice of this type. Mr. Cameron L. King does not own the property at 2952 Hollandale, has not lived there for over seventeen years. I am paying the mortgage payments, I assumed the loan over seventeen years ago, I pay the insurance and taxes on the property, I live there, and I would appreciate you correcting your records. I donot know where you get Mr. King's name and would appreciate your changing your records to reflect the correct owner name of Polly Jane Fox Drommer. What proof do you require that this is my home? Please advise. Thank you for your prompt attention to this problem. Regards, gekrn‘ Polly Dane Drommer 2952 Hollandale Dallas, Texas, 75234 620 -1788 0 10 INFORMATION SHEET/ORDINANCE NO. 1420 The Farmers Branch City Council adopted Ordinance No. 1420 on April 18, 1983. The ordinance is kncwn as the "Single Family Residence Licensing Ordinance". The ordinance requires that a license be obtained fron the City by owners of single-family residences located within the City which are not occupied by the owners, but which are leased or rented to other occupants. The effective date of the ordinance is July 18, 1983. Owners of these rental bores uust apply for a license before September 18, 1983. Each license expires 12 months from the date it is issued and must be renewed at that time. A license is required for each rental hone owned. A fee of $35 will be required with each application for a license. Standards for obtaining a license and renewing a license include the following: (1) Only one family is to reside in any single-family dwelling unit. A family is defined as "any nunber of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage, adoption. Foster children...shall be considered as being related to their foster parent or parents", (2) All City codes and ordinances including the Minium Housing Code shall be conplied with at all times, (3) Licensee shall keep records that are available for review which reflect the following information in a current manner: a) Names of all tenants occupying each unit, b) Head of household, c) Degree, if any, of relation by blood, uarriage, or adoption of tenants in each unit to each other, and (4) Inspections by the City to insure compliance with this ordinance. , , - 4 _ ,ef ,„( e , , 2761-• /71e4114.1 2L2,- ,.U. - «t . a ", /4R. Terrir SC-el /12- . D f �z.u- 7Lc1Y i Ds fp f`- C r g-L27 / Ay c cs.ry u i C j 1 ,- Fez-cm? -y, 1B a. GI.' A" :__. % 1- i.i _ / 4n 4_,- 0 . 0 ._ c i „? 74 9 / I� at. /c. - 7 - 14,0 / -» 0,) is i/.... 5 LLY.ek/, P CA- Y C.-A-g-- 647- 104-- • J i . r. 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"S� * ' „„ s^' i ' ' "'33 -`Z ` R ,.,�'ut °” ak,. �`' , ��t'`p� 4, ' z s ,.^" � �""„' s . ;...„ ,- ;?-.- 14 .A `"�+' �Cr `� r.� ,m,u +� Y' h n '� �e �1. .`� ea v..., `id , w �+ ' 1, #w" ' i 4 lltil' 2 I» f � s 4 ∎' .a� 4 4 ' •' n, '' '7 x' „ � � - , r. ' ' ". .,: x .. K . ' ' 4 a` " . ' 4 , s ,,., A ■ d r 4,�' V `� '"' �' `' Y 1. R EC at t r p'. it tM27lt`I'` k 22 June 1983 CC : , -. r� ;, - 206 N. AlA Patrick AFB, FL 32925 Mr. Tom Scales Farmers Branch Community Services P.O. Box 340435 Farmers Branch, Texas 75234 1 Dear Mr. Scales, I have received your 16 June letter regarding the public hearing to address the rental home ordinance. As I am active dupy military it will not be possible for me to attend, however I would appreciate it if you would present my views to the City Council on my behalf. I object to the concept that only individual rental homes are subject to 1. the rules rather than all farms of rental property. This seems totally unfair and possibly could be successfully challenged in court as discriminatory. If the need to regulate renters is valid, regulate all rental property. Second, the license fee seems a bit high and raises the question of what the fee is supposed to accomplish. A more modest fee should provide the city adequate funds to administer the ordinance. I of course have no option but to pass the fee on to my tenants via a higher rent and I suggest $35 is unfair if the sole purpose is to cover the city's cost. Third, I feel your definition of "family" is unfair to tenants. If the goal is to make the city a better place to live, you should also control owner- residents as well. I have tenants who have been with me for years, g probably as long as the average owner resides in Farmers Branch. It 4 4 seems unfair to single out tenants this way, especially if you do not i ' exercise similiar controls over all other forms of rental property. All in all, the ordinance appears grossly unfair. I strongly urge the City Council to reconsider. I will of course comply with whatever rules Farmers Branch enacts., as I do with all areas where I own rental homes. I do however seek fairness, and trust Farmers Branch will consider my ifi views in that light. 4 Sincerely, 9 J a s P. Westbrook Lt Col U.S. Army el r G:ari.Eii?I. " `� DOROTHY J. KRFAGER 11434 SONNET DRIVE DALLAS , TEXAS 75229 June 21, 1983 City of Farriers Branch P. O. Box 34 . , , Farmers Branch, Texas 75234 ATTENTION: Mr. Tom Scales Director of Community Services Dear Mr. Scales: I am in receipt of your letter of June 16, 1983, re- - carding license of rental property in Farmers Branch. I received a previous letter o May 4, 1983 regarding same and called the Farmers Branch City offices on May 9, 1983, 214p P .M. and talked with a Mr. Dansicker. At that time I advised Mr. Dansicker that the property at 13710 Sundown Trail was no longer rental property. • The property at 13710 Sundown Trail was sold May 5, 1979 to Miss Jacqueline Davis. However, I do hold the mortgage on the property and pay the taxes from an excrow account, but the property is no longer rental property. I trust this information will assist you in bringing your records up to date on the property in question. Very truly yours, r((dMid. ' /1110:4;7112// Dorothy J. er 11434 Sonne ve Dallas, Tex s 75229 Tel. # 350 -0772 disk r M CONTROL DATA BUSINESS CENTERS, INC. Control Data Building 14801 Quorum Drive, Suite 200 Dallas, TX 75240 (214) 385 -5577 /. CN 225 -5577 June 24, 1983 Tom Scales Director of Community Services City of Farmers Branch Box 340435 Farmers Branch, Texas 75234 RE: Ordinance No. 1420 Dear City Council: I will not attend the public hearing on July 11 at 7:30 p.m., instead I have decided to write you this letter. (Police make me nervous.) I agree with the intent of 111420. Farmers Branch is so dense in certain single family areas that you can't see the houses for the cars. You are going to have to do something about this roblem or the property values in the City will deteriorate (if not so already). I imagine the real reasons landlords are complaining is that you assess a fee of $35.00 per house. Big deal. If we can't afford $35 to help encourage control of an ordinance that will possibly increase our property values, we can't afford to be landlords. I own two rent houses in Farmers Branch and will buy more. I would love to see F.B. get rich like its neighbors, Carrollton and Addison. Don't let the cheap landlords bully you into backing down. Stay tough, good luck. Send me a bill for $70.00 if you win, I can afford it. Sincerely, A' /L' Griffin Collie P.S. I have only one family residing in each house. �� ; '. .` if i f- e l/ ,/ 11::::::::::)1 Q rim= FE3RmeRs BREPncH k June 16, 1983 DONALD.N. ROBERTS JUN off. 3006 MARK TWAIN FARMERS BRANCH. TEXAS 75234 CO IF r,4 �•-- ,.�.,rw RE Notice of Public Hearing New Ordinance requiiring Owners of Rental Homes to Main a License and t finiticn of a Family Dear Property Owner: -- PUBLIC HEARING - The City Council wishes input from persons effected by, or interested in Ordinance 1420. The City Council has elected to hold a public hearing to reconsider the ordinance and obtain ccunents from in- terested persons. The public hearing will be conducted on July 11, 1983 at 7:30 p.m. within the Council Chers of the Police Building located at 3732 Valley View Lane. The City Council recently adopted Ordinance No. 1420 which requires owners of rental hcroPs to obtain a license from the City and which also defines a family. You have expressed an interest in or have been mailed previous correspon- dence relating to the ordinance and therefore the Council wishes to notify you of the public hearing. Attached is an informatiaa sheet outlining the requirements of Ordinance No. 1420. If you have questions, please contact the Connunity Services Department of the City of Farmers Branch by calling 247 -3131. Respectfully, �v Tan Scales _-Director of Caniun ty Services TES : c jm CITY OF F2RR12RS BRafCH PQBOX 340435 FaRf1IeR5 BRaflCH, TEXAS 75234 2141247 -3131 LII1HEO in FRIEflDSHIP WITH THE DISTRICT OF BRSSETL.RW, nOTTIr1G1- 4RmSH1RE, GRERT BRITRIfl E ._, _ I V 2 CHARLES R. ALLEN, Agent ' ' 1 /a *NCI Auto Life - Health - Home and Business - -- June 28, 1983 2571 Valley View Lane Dallas, Texas 75234 Phone: Off. 247 -0132 Res. 239-0603 Torn Scales Director of Community Services P.O Box 340435 Farmers Branch, Texas 75234 ` Dear Mr. Scales: I will be on vacation during the public hearing on 7- 11 -83; however, I'd like my views known if not to the hearing, then at least, to you. There are probably some things that I am unaware of, but here are my thoughts. The landlord provides some valuable services for citizens of the community who can't buy property. I think the renters pay no taxes, so the landlord must pay them. In addition to vacan- cies and upkeep, it's sort of difficult to come out sometimes. I wonder if apartment owners must buy a license on each family. If not, there is prejudice here. Why must there be a fee for each unit? Eve one license for all rental property should suffice(�if even then Many people own ten to twenty five units in to This is an unfair burden upon us. The landlord is many times completely unaware of "families" or friends moving into his house. There are three houses I own in which members of my family live. These, at least, should be an exception, though I am opposed to the license fee in entirety. I feel this fee is unwarranted. There are many home owners, not landlords, where the owners move in friends and relatives. Per- haps there's more of this than purely rental units. 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' ,. - . -, ' .. , „...-.. ....-',.•••;, J... ; ".,- ..,'r•' 'f";•4 ',;,,,,;3, . •: 4 '": - .4, ,..-„.!; '3 4 \ 3 .., ' ":-.7, - ' 4 ."••• ''' ...;W s rte.. -; 7• t'' - ; r, ', , 1 -, l 9i i i \ : .t Henn„ L ync '. i 4, ' � Realty- Stringer, Inc. 12300 INWOOD ROAD SUMMERTREE DALLAS, TX 75234 214/233 -1800 June 29, 1983 Mr. Tom Scales Farmers Branch City Council 1300 William Dobson Pkwy Farmers Branch, Texas 75234 Dear Mr. Scales, I an two rental properites in Farmers Branch and consider these the soundest investments I own. I have good solid citizens in these properties who take great pride in their appearance. I am in favor of ordinance 1420, and happy to learn the city is trying to keep Farmers Branch a nice place to live. I will be out of town for the July llth hearing regarding Ordinance 1420. I do want my views known. Many thanks. Sincerely, Od2S7J2-- C2r2,. Dee Lenox Sales manager 0 INFORMATION SHEET /ORDINANCE NO. 1420 The Farmers Branch City Council adopted Ordinance No. 1420 on April 18, 1983. The ordinance is known as the "Single Family Residence Licensing Ordinance ". The ordinance requires that a license be obtained from the City by owners of single - family residences located within the City which are not occupied by the owners, but which are leased or rented to other occupants. The effective date of the ordinance is July 18, 1983. Owners of these rental homes must apply for a license before September 18, 1983. Each license expires 12 myths from the date it is issued and must be rend at that time. A license is required for each rental hone awned. A fee of $35 will be required with each application for a license. Standards for obtaining a license and renewing a license include the following: (1) Only one family is to reside in any single - family dwelling unit. A family is defined as "any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage, adoption. Foster children...shall be considered as being related to their foster parent or parents ", (2) All City codes and ordinances including the Minimum Housing Code shall be complied with at all times, (3) Licensee shall keep records that are available for review which reflect the following information in a current manner: a) Names of all tenants occupying each unit, b) Head of household, c) Degree, if any, of relation by blood, marriage, or adoption of tenants in each unit to each other, and (4) Inspections by the City to insure compliance with this ordinance. g K A //' • 7 Kary Way Morristown, NJ 07960 June 30, 1983 Mr. Tom Scales P. 0. Box 340435 Farmers Branch, TX 75234 Dear Mr. Scales: I will be unable to attend the public hearing on Ordinance 1420 scheduled for July 11. Enclosed you will find a letter previously forwarded to Mayor Dodd, Mr. Johnson, and Mrs. Dingman. I would appreciate the distribution of same to the other council members or having it read at the public hearing. It should be noted that I am also opposed to the associated ordinance changing the definition of a family. Thank you for your assistance. Sincerely, 6 3r - i- 6 `•^( 7- 6 / Lti Byron R. Ostrom 7 Kary Way Morristown, NJ 07960 June 10, 1983 Mr. John D. Dodd 12WMitchwin Farmers Branch, TX 75234 Dear Mr. Dodd, I lived in Farmers Branch for over ten years and only recently moved to New Jersey on a company promotion. Since my wife and I intend to return to the Dallas area at some point, we decided to forego the company offer to buy our house at 3423 Bevann Drive, and instead we are currently renting it. During the course of showing the house to several groups consisting of three males, three to four females, etc., the largest group that appeared interested was a couple with five children. The new ordinances which you have passed would greatly reduce the population I have to select from and may instead result in a denser population for the city (one of the reasons cited for the changes). I was recently in Farmers Branch to do m own inspection of my property and obtain additional information and copies of the ''New Ordinance Requiring Owners of Rental Homes to Obtain a License ", Ordinance 1420 and related Ordinance 1436, amending the definition of "family ". The description of the consequences outlined in Tom Scales' letter of May 4, 1983 is woefully inadequate to describe the discriminatory actions being taken. I contacted the Community Services Department and voiced my complaint which, I was informed, was one of many received. I feel that if the entire population of Farmers Branch was thoroughly informed of the infringement of their rights to use their property, which could result from Ordinance 1436, the calls would have been multiplied tremendously. I was informed by Community Services that alternatives were provided to the City Council to handle complaints received regarding overcrowded houses and the degradation of appearance of neighborhoods. The complaints were found to be "primarily involving rental properties ". The particular alternative you have chosen to deal with this problem is extremely questionable.. The fact that this is "a method used by • - 2 - some other cities" does not make it right (or legal unless it has been upheld by a court). The use of the appearance and other ordinance standards already on the books of the city, as cited in Ordinance 1420 Section 7c, should be more than adequate to handle all complaints that cannot be resolved by a discussion between neighbors. Despite the fact I am paying higher taxes than my former neighbors due to lack of ability to utilize the Homestead Exemption, the payment of a license fee does not bother me that much, but the use of that fee to pay for an additional Building Inspector which I must consent and agree to allow to make inspections annually or "upon receipt of reliable information" etc., does create an impression of government growth that is unnecessary and discriminatory. If an annual inspec- tion is required of leased and rented premises, why is one not con- ducted on those which are occupied by the owners? Or should the residents of Farmers Branch expect that as a logical next step? I would suspect that any attempt at a required annual inspection of owner occupied houses would reveal numerous minor infractions of various ordinances. The City Council members would be facing an angry electorate if such an action were taken. I found that 1200 -1500 houses in the city are rentals. With an average of two voters per rented house (or if we are to believe the overcrowding in these rentals probably three to four voters) and a substantial number of non- resident owners living in the city, a total voting population of approximately 4,000 could conceivably be involved in this problem. I recall elections where the total turnout was less than that, let alone the margin of victory. I would strongly urge the immediate review of the need for these ordinances and that further investigation and discussion take place. Retraction of the ordinances before their effective date, or before actions are taken, would be more beneficial to the city than funding a defense against a suit. Your comments on the above are requested. I would also be interested in any and all actions taken regarding the repeal or reconfirmation of these ordinances. I await your early reply. Sincerely, Byron R. Ostrom Oill Lie3 I Fc7RTBRS BRrBfCH COUNCIL MEMORANDUM From :the Office of the City Manager Date: June 16, 1983 Subject: FOR YOUR INFORMATION I received a call from Ann Black at 1:30 P.M. on Thursday, June 16, in which she requested me to inform the City Council that she was in favor of retaining the definition of single family as it now stands and she was also in favor of retaining the ordinance requiring the licensing of non - resident renters. Ann Black lives at 14504 Dennis Lane, her phone number is 247 -9987. PMW:rap IS FBRMeRS BREEflCH COUNCIL MEMORANDUM From;the Office of the City Manager Date: July 7, 1983 Subjer•t: AGENDA ITEM NO. C.4 CONSIDER REQUEST FOR THOROUGHFARE PLAN AMENDMENT BY THE TEXAS TURNPIKE AUTHORITY AND TAKE APPRO- PRIATE ACTION. EXPLANATION: This item has been placed on the agenda at the request of James Griffin, Project Manager, of the Texas Turnkpike Authority. PMW:rap Attachments: 1. Lettersfrom TTA 2. Information Memo MEMBERS � MEMBERS JOHN P. THOMPSON, CHAIRMAN PON A. SAM WALDROP DALLAS ABILENE BE JOE H. FOY, VICE CHAIRMAN EMAN FISHER HOUSTO FORT WORTH ROBERT H. DEDMAN • ,, GEORGE W. HAWKES DALLAS � 1 9g3 = ARLINGTON JACK DULWORTH �q�.o� CLIVE RUNNELLS HOUSTON HOUSTON WALTER M. MISCHER, JR. RUSSELL H. PERRY HOUSTON TEXAS TURNPIKE A U T H O R I TY DALLAS JOHN R. BUTLER, JR. HOUSTON A N AGENCY O F T H E STATE O F TEXAS H. M. REILY J. FRANK HOLT, 111 ENGINEER MANAGER DALLAS 301 5 RALEIGH STREET • R. 0. BOX 190369 HARRY KABLER SECRETARY- TREASURER DALLAS, TEXAS 75219 PHONE 214 / 522 -6200 June 27, 1983 Cs+ 1 The Mayor and City Council of the ,°AP CYt /C 4` City of Farmers Branch *A1OF City of Farmers Branch 13000 Wm. Dodson Parkway P.O. Box 340435 Farmers Branch, Texas 75234 Attention: Mr. Paul West City Manager Gentlemen: The staff of the Texas Turnpike Authority respectfully requests a position on the agenda of the regularly scheduled public meeting of the City Council of Farmers Branch for July 11, 1983. The Authority would like to present to the Council a request for the designation of the planned southbound Dallas Parkway as a major city street in the City of Farmers Branch master thoroughfare plan and in connection therewith to seek dedication of the properties heretofore unplatted that are required as right -of -way for the repositioned southbound Dallas Parkway. Your favorable consideration of this request will be appreciated. Very truly yours, • Nqf James W. Griffin Project Manager JWG:dh cc - H.M. Reily HNT &B 1 yyyy.. MEMBERS �� t � _ _ MEMBERS JOHN P. THOMPSON, CHAIRMAN P �� ?' c ,.. 1 8:. ; A. SAM WALDROP DALLAS O`p ....i�,� II ! ' t a ABILENE JOE H. FOY, VICE CHAIRMAN BEEMAN FISHER HOUSTON T :. OFFtC OF FORT WORTH ROBERT H. DEDMAN • • } � S - _ a 1.7r GEORGE W. HAWKES DALLAS I� '—'�" �' RgA�al "' , ARLINGTON 1r 9 5 J =/ JACK DULWORTH b� -��� CLIVE RUNNELLS HOUSTON HOUSTON WALTER M. MISCHER, JR. RUSSELL H. PERRY HOUSTON TEXAS TURNPIKE A U TH O R I TY DALLAS JOHN R. BUTLER, JR. H. M. REILY HOUSTON A N A G E N C Y O F T H E STATE O F TEXAS J. FRANK HOLT, III ENGINEER MANAGER DALLAS 3015 RALEIGH STREET • P. 0. BOX 190369 HARRY KABLER SECRETARY- TREASURER DALLAS, TEXAS 75219 PHONE 214 / 522 -6200 June 21, 1983 City of Farmers Branch 13000 William Dodson Parkway P.O. Box 340435 Farmers Branch, Texas 75234 Attention: Mr. Paul West City Manager Gentlemen: The Authority's Section Engineer and Surveyor have completed the preparation of a plat and legal description for Parcel 6 -2 of the Dallas North Tollway Extension (the Parval Project), indicating the right -of -way required across said tract for the reconstruction of southbound Dallas Parkway. Since the final construction plans have not been completed, slight future right-of -way adjustments could be required for utility easements. However, the enclosed plat and legal description should provide the developer and the City of Farmers Branch the information necessary for dedication of the right -of -way the Authority believes necessary for the Parkway and for those points of ingress and egress mutually acceptable. The Authority is requesting the City of Farmers Branch require dedication of described parcel 6 -2 in accordance with its letter of April 14, 1983. Very truly your., / �� s1 /. LL) James W. Griffin evr Project Manager JWG:dh Encl. cc H.M. Reily Howard, Needles, Tammen & Bergendoff -- r 2% OFFICE OF i -RTY " mANA lEY`: Parcel 6 -2 BEING a 7,986 square feet tract of land situated in the City of Farmers Branch, Dallas County, Texas, out of the Joshiah Pancoast Survey, Abstract Number 1146, being a portion of a 3.849 acre tract of land described in the deed to Parval, Inc., recorded in Volume 82004, Page 2611, Deed Records of Dallas County, Texas, said 7,986 square feet tract being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set for the point of intersection of the westerly right -of -way line of Dallas Parkway (120' right -of -way) and the northerly right -of -way line of Spring Valley Road (100' right -of -way); THENCE with the northerly right -of -way line of Spring Valley Road, South 89 °46'07" West a distance of 48.59 feet to a 1/2 inch iron rod set for corner; THENCE departing the northerly right -of -way line of Spring Valley Road, North 44 °43'54" East a distance of 14.13 feet to a 1/2 inch iron rod set for corner; THENCE North 00 °18'19" West a distance of 196.78 feet to a 1/2 inch iron rod set for corner in the southerly line of the tract of land recorded by plat as Butts -Olds Subdivision in Volume 72130, Page 0156, Deed Records of Dallas County, Texas; THENCE with said southerly line of the Butts -Olds Subdivision, South R7 0 35'44" Fact a distance of 38.60 feet to a 3/4 inch iron rod found in the PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: May 27, 1983 FaRmeRs " R a. fC'"I FROM: Earl Deland, Jr. 411 Director of Public Work TO: Paul M. West City Manager SUBJECT: Right -of -Way for the Dallas North Tollway Extension The Texas Turnpike Authority has requested the City of Farmers Branch to require Developers to dedicate the required right -of -way for the Dallas North Tollway Extension at no cost to the Turnpike Authority. This requirement would be made as a condition of approval of final plats of the Developers. The final plat for Farmers Branch Center, the Clark- Walters Development, will be presented to the City Council for approval in the near future. The City of Farmers Branch policy concerning the additional required right -of -way for the Tollway Extension, has been to require develop- ments to reserve the required right -of -way for future acquisition by the Turnpike Authority and to require appropriate building setback lines from the future right -of -way line. The City has not required Developers to dedicate the right -of -way at no cost to the Turnpike Authority. The Public Works Staff has contacted the Cities of Addison, Carroll- ton and Dallas to determine what those Cities' policies are relative to the dedication of right -of -way for the Tollway Extension. The City of Addison has recently adopted a policy to require Developers to dedicate the right -of -way on all new subdivisions. It is our understanding that some development final plats have been pre- viously approved without requiring the dedication of right -of -way, but requiring setback and reservation for the right -of -way. The City of Dallas requires the dedication of right -of -way one hun- dred feet (100') from the centerline of the roadway. The original proposed width of the right -of -way for the Tollway Extension was two hundred feet (200'). The total width of the right -of -way has now been increased in excess of the two hundred feet (200'). The City of Dallas policy requires Developers to reserve that portion of the right -of -way in excess of one hundred feet (100') from the roadway centerline; the reserved right -of -way to be purchased by the Turn - pike Authority Right -of -way for the Dallas North Tollway Extension May 27, 1983 Page 2 The City of Carrollton does not have any frontage on the Dallas North`Tollway Extension, but do have a policy relative to major street right -of -way acquisition. Their policy requires Developers to dedicate, at no cost, a total width of one hundred twenty feet (120') of right -of -way; sixty feet (60') either side of the road- way centerline. If a roadway requires right -of -way width in excess of one hundred twenty feet (120'), that part in excess of one hundred twenty feet (120') is reserved and purchased by the agency constructing the roadway. The City Council will need to determine the policy for the City of Farmers Branch at the time the final plat is considered for the Clark - Walters Development. ED: tr ( 3 ) �� COUNCIL MEMORANDUM F3RmERs BRancH From: The Office of the City Manager Date: June 29, 1983 Subject: AGENDA ITEM NO. C.5 CONSIDER REQUEST FOR DETAILED AND. CONCEPTUAL DEVELOPMENT PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY THE WALTERS COMPANIES FOR THE PROPERTY LOCATED ALONG THE WEST SIDE OF DALLAS PKWY. BETWEEN SPRING VALLEY ROAD AND ALPHA ROAD IN THE PD -42 ZONING DISTRICT. EXPLANATION: The Walters Company is requesting an amendment to the approved detailed development plan for the Athletic Club Phase I, detailed development plan approval for Phase II, and conceptual development plan approval for Phase III, for the property located along the west side of Dallas Pkwy. between Spring Valley Road and Alpha Road in the PD -42 zoning district. Detail development plan approval is required before permits may be issued. RECOMMENDATION: The Planning and Zoning Commission recommends to the City Council that the request be approved as submitted. ACTION BY COUNCIL: Several options are available. 1. Motion that ther request be approved as. submitted. 2. Motion that the request be denied. 3. Motion that the request be approved with conditions, (any conditions desired by the City Council). 4. Any other action desired by the City Council. PMW :TES:LH:tgd Attachments: 1. Information memo 2. Information submitted by applicant 3. Location sketch 4. Copy of proposed Development Plan 5. Copy of proposed Conceptual Pian 6. Copy of approved Development Plan 7. Copy of approved Conceptual Plan 8. Proposed building elevations 9. Copy of traffic analysis 10. Traffic memo from Public Works 11. Copy of Ordinance #1422 12. Copy of Application INFORMATION MEMO WALTERS CO. The following is a comparison of the approved Development Plan Site Data with the proposed Development Plan Site Data. Approved Proposed Phase I Phase I Athletic Club Athletic Club lding Area = 55,250 sq. ft. Building Area = 61,380 sq.ft. lding Height = 3 stories Building Height = 3 stories posed Occupant Load = 725 persons Proposed Occupant Load = 725 persons king Required = 241 spaces Parking Required = 241 spaces king Provided = 250 spaces Parking Provided * = 55 spaces e Area = 117,300 sq. ft. Site Area = 107,937 sq.ft. lding Coverage = 19% Building Coverage = 21% ,.R. = .47:1 F.A.R. = .57:1 *NOTE: The applicant has stated that 119 additional temporary spaces will be provided by option A or B until Phase III is. completed. See Attach- ment #2.. Approved Proposed Phase II Phase II Office /Hotel Office Building .lding Area = 260,000 sq.ft. Building Area = 295,311 sq. ft.. .lding Height = 13 stories Building Height = 14 stories . king Required = 867 spaces Parking Required = 984 spaces . king Provided = 943 spaces Parking Provided = 960 spaces :e Area = 102,978 sq. ft. Site Area = 127,435 sq. ft. _lding Coverage = 47% Building Coverage = 13% i.R. = 2.53:1 F.A.R. = 2.3:1 INFORMATION MEMO 0 Approved Proposed Phase III Phase III Office Building Office Building 4uilding Area = 207,500 sq. ft Building Area = 295,311 sq. ft. wilding Height = 13 stories Building Height = 14 stories 'asking Required = 692 spaces Parking Required = 984 spaces 'asking Provided = 735 spaces Parking Provided = 1103 spaces site Area = 84,659 sq. ft. Site Area = 148,512 sq. ft. 1uilding Coverage = 59% Building Coverage; = 11% .A.R. = 2.45:1 F.A.R. = 1.99:1 Approved Proposed Phase IV 3uilding Area = 207,500 sq, ft. Note: The approved Conceptual Develop- ment Plan indicated IV Phases of devel- 3uilding Height = 13 stories opment; the new Conceptual Plan shows only III Phases of development. ' asking Required = 692 spaces parking Provided = 637 spaces ;ite Area = 73,435 sq. ft. 3uilding Coverage = 49% .A.R. = 2.83:1 TOTALS Approved Proposed Phase I, II, III, IV Phase I, II, III ilding Area = 730,250 sq. ft. Building Area = 645,872 sq. ft. rking Required = 2492 Parking Required = 2209 spaces rking Provided = 2370 (includes Parking Provided = 2237 spaces mix use) . to Area = 378,372 sq. ft. Site Area = 383,884 sq. ft. ilding Coverage = 41.6% Building Coverage = 14% k.R. = 3.81:1 F.A.R. = 1.68:1 tachments: A. Copy of proposed Site Data B. Copy of approved Site Data PREPARED BY COMMUNITY SERVICES DEPARTMENT JUNE 29, 1983 111 , .. ...... .. „1„ I . .. . . . , , . .., '\: • . : — ,..: I .4.: 7,...: , . • 1,4 ,.,.: 4.74 ,.,,..; .., , 4 * ° . . ,,•,' ."" .. t,-,' ,..•••••,r".1 rl • 1 .-", 1 . , . • ..r, &I 4. , 1 I - 4 —1,,i.; -.--- ,-.-*,;.,-- ..1;. 3 . • L."' .. . .41 .,, ..r.i , !c,..' c r:•: ), — C .s. 1". eV , ,., _ :.7 C> ,.,,, , „4- a; ... .' -,• .g - , . -, ,. • ... *- - g . .' ' •-,-pii •A„; --. : - ""' .4.7,.. ,..''cn , ..!-' '... . „4 •-.,_,- , , 1 , , ' to . : - , la; . - "` . ' '' 'll 4 ,,,,,: t t ......1 :. X ,7 - 1 .-`.:'7,.?I' - ' . ` '`i.... i ' ti' -1 t - ' -- `• - I. .,...., . -. .......1 - 0 .,0 r••• sr . . . .... .„.. 1 . as , _ . u� .... t.. . ' ..t 2 - .- M ; § 4 ; * - : ° ' . 44 :. - + E..'.1 cil ca ' ..•-• . . v ... . ...• . .... , .... 4: . 4.4 • 4.. .., ' . : - -f ; ti; ,. 4 • ow I .. 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LL `�.l �`• p _ ^^ N v? C 3 v o ∎a Z v a vi Z �y ; en �, , = CO v ' ; o' o C � [ Z ?• . r U CO ' � ^ . Cr') `° `° f^ f i �. �. U O 'C C 5 . ( o m M0 ^; in �r ° a o N d = Ul - 7 3" .: M ' r ri -. • >� .L ^-. s op O °1Tv ctr cl, ` •- v rY CO 3 •,:'. 3 C v i -° ` >. C by `0 ` O v o = c v ep - - o rp > -- `^ a) t. v V v - C Y = o C) ' i ° y i v 00 00 0o C - o v, . fl = r Q O ° O N °^ O N C _7 =' 7 7 C W - N O r. N � O � O. u = L L N • < C3L U, torn oun ON. u. 'm .- a� 3 y > Lr Z d to Ni M to > ' rp rro L O e L^' O C) 22 ,-, `1 r L _ �, r 0 V y = C 7 V. ao v t1 O p L _ n a4_o _ - C. c a c 0 v .". . A U . a pp u ^ r > _ j _> _. O u C C "i. _ O -S O C d u o 2 o _ L 7 4 5 N - 5 ti = • H C) G) C •= n i r d E do do d:. O in, s C = ;J S o 25 =O I 5 Z r= . . . , w a. u a. a. a_ APPROVED Cill SITE DATA Summary of The Bill L. Walters Companies request to change the Conceptual Plan of PD (1422) and File a Detailed Development Plan for Phase II and III. 1. Conceptual Plan - The original Conceptual Plan contained an approximately 50,000 square foot Athletic Club, an Office or Hotel of 260,000 square feet and two Office Towers of 207,500 square feet each. Parking was primarily provided for in below grade and above grade parking structures. The new Conceptual Plan has the same Athletic Club but now has only two Towers (both being Offices) containing 295,311 square feet each and are fourteen stories in height. Parking is provided for at grade and in grade to below grade strucutures. 2. Detailed Development Plan on Phases II and III - (Phase I was the Athletic Club that has already been approved). Both Phase II and III contain a fourteen story 295,311 square foot Office Tower. Construction will take place simultaneously on both Phase I and II, therefore temporary surface parking for the Athletic Club will no longer be needed. Parking for Phase I and II which will be constructed at the same time is as follows: Surface Phase I - 55 Phase II - 65 Structured Garage Phase II - 895 Temporary Surface Option a - 119 or Option b 119 Total Spaces: 1134 Spaces The temporary surface parking will be located on either: A. DP &L's property to the west, or B. On location of future Phase III If an agreement can be reached with DP &L to make available the necessary number of temporary parking spaces on their property these spaces will remain until Phase III is contructed. If an agreement cannot be reached with DP &L the temporary spaces will be constructed on location of future Phase III. If Phase III is the location of the temporary spaces the Walters Companies will have to provide a temporary location for these parking spaces while construction takes place on Phase III. We agree that before a Building Permit can be issued on Phase III the Walters Companies must present to the Building Staff a plan showing where these temporary spaces will be located while construction is taking place. The total 1134 parking spaces provided in Phase I and II represent mixed -use parking. During the main office hours of 8 :00 a.m. to 5:00 p.m. parking will be provided to the office at 1 space per 300 gross square feet and the Athletic Club will have available 150 spaces. The peak parking requirements for the Athletic Club between 8:00 a.m. to 5:00 p.m. take place between the hours of 11:00 a.m. to 1:00 p.m. at which time the parking requirements would only reach 140 spaces. It is not until INFORMATION SUBMITTED BY APPLICANT after 5:00 p.m. that the Athletic Club needs more that the 150 parking spaces available between the hours of 8:00 a.m. to 5:00 p.m. After 5:00 p.m. the Office Towers parking requirement drop substantialy making available more than enough spaces than are required by the Athletic Club. 2& Nature of Request The Bill L. Walters Companies is requesting that the Planning and Zoning Commission of Farmers Branch recommend approval to the City Council on the following: 1. Changes made to the previously approved conceptual site plan. The original conceptual plan contained an Athletic Club and three Towers (one office or Hotel and two Office Towers) with appropriate parking. The newly submitted conceptual plan contains the same Athletic Club and two Office Towers with all parking at either grade or below grade. This is a reduction in the leaseable square footage of approximately 10 %. The new plan opens the site up considerably giving more green areas and plaza. 2. Detailed site plans on both phases II and III. Phases II and III each contain 295,311 gross S.F., are fourteen stories in height and have parking at grade or below grade. Parking requirements for Phase II include 163 temporary parking spaces that will be included in Phase III's underground garage. If Phase III is not constructed in conjunction with Phase II temporary surface parking will be provided either on location of Phase III which is to the north of Phase II or on DP &L's property west of Phase II. If the 163 temporary surface parking spaces are constructed on the location of Phase III we will provide for the temporary parking at a new location before a building permit is issued on Phase III. 3. Preliminary Plat approval. 4. Detailed Plat approval. 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W • 2 • > a cE i . ! 1 1 1 N z i 3 ? • a ¢ a a - ,___ - , - _, - , 9 ,_ . + . , ,. . . . ,. . , . 1 ;.` : LI : . 0 1 I: I I'. 2 > O 0 — a a H & I �._ U a 2 in a i, B IiJ Q J i ( 811 i S TRAFFIC IMPACT ANALYSIS FARMERS BRANCH CENTRE • Prepared For: The Clark- Walters Partnership Prepared By: PRC Voorhees Building 40 DTC West 7935 East Prentice Avenue Englewood, Colorado 80111 303/740 -9730 In Association With: • DeShazo, Starek & Tang, Inc. 330 Union Station Dallas, Texas 75202 • December 1982 • TRAFFIC ANALYSIS 1. INTRODUCTION The Clark - Walters Partnership is proposing to develop an office complex along the Dallas Parkway in western Farmers Branch. The property is an 11.29 -acre parcel of land, of which 2.45 acres will be dedicated for expansion of the Dallas North Tollway in the future. The proposed development includes three office buildings totalling 675,000 square feet and an athletic club with an approximate floor area of 50,000 square feet. In addition, two parking structures are proposed to accom- modate all parking on site. To assist in determining traffic impacts and the access requirements of the proposed development, the firm of DeShazo, Starek & Tang, Inc., in association with PRC Voorhees, was retained to conduct this analysis. The scope of the study consisted . of: ID A review of . the existing conditions in relationship to the proposed development, including accessibility and traffic volumes. • A determination of daily and peak hour vehicle trips which would be generated by the proposed development. • An assignment of the projected traffic to the adjacent street network. • An evaluation of the capability of the adjacent street network, as it is proposed to be improved, to accommodate - the anticipated traffic from the proposed development. • A review of on -site transportation requirements. -1- 0 Elk II. THE TRANSPORTATION SYSTEM Existing Roadways The existing roadway system serving the proposed development site is illustrated on Figure 1. As depicted on Figure 1, the site is located between Dallas Parkway on the east and Inwood Road on the west. Thus, the site is served by two north south arterials; the Dallas Parkway is presently a six -lane divided arterial, while Inwood Road in the vicinity of the project is presently a two -lane facility. The site is also well served in the east -west direction by Alpha Road to the south and Spring Valley Road to the north. From the larger regional perspective, the site is highly accessible from the Dallas North Tollway, a direct link to downtown Dallas and neaby Love Field as well as the LBJ Freeway (I -635) which is a direct route to the Dallas /Fort Worth Airport. Figure 1 also illustrates current daily traffic volumes in the vicinity of the proposed development. As illustrated by these traffic volumes, growth in the Farmers Branch, Addison, and North Dallas areas has resulted in significant volumes on most of the arterial roadways in the area. The greatest concentration of traffic occurs at Dallas Parkway intersections and at LBJ Freeway interchanges. Future Roadway System The dominant proposed transportation improvement in the project area is the exten- sion of Dallas North Tollway from the LBJ Freeway north to F.M. 544. This six - lane controlled access facility will follow the current Dallas Parkway alignment. The improvement will also provide northbound and southbound one -way service roads which will replace the current access function of the Dallas Parkway. On ramps and off ramps will be constructed between Alpha Road and Spring Valley Road in the immediate vicinity of the proposed development. This improvement, which will provide the capacity for an additional 110,000 to 120,000 vehicles per day, is scheduled to open in 1986. Thoroughfare improvements which are planned include upgrading Spring Valley Road to a six -lane divided roadway and constructing Inwood Road from Spring Valley Road to Alpha Road as a four -lane divided facility. Inwood Road south of Alpha Road will be a four -lane one -way street and will serve as the west service road to the Tollway. -2- CURRENT DAILY TRAFFIC VOLUMES FIGURE 1 's CO Q z ,. 0 o v a <" 0 BELT LINE RD. 35,000 _ 29,000 V \ , ... . _ z • 0 o o o .. t o 1)p N p N C ) o OD 0 0 M Tr d' SPRING VALLEY RD. 12,400 • 6,00 o t o 0 0 0 A o Nt CD ALPHA RD. 18,250 ...• 16,500 o o p o 0 o cc L 1 o 0 0 = 0o 03 co w 0 1` J T t CO Z Z r 0 CO .,....r�� ......... I.H. 635 -3- • 0 • Figure 2 illustrates the projected number of lanes, the associated roadway capacities and the 1990 project daily traffic volumes for the major roadways in the area. Proposed Access Points As illustrated in Figure 3, three access points are being proposed for the develop- ment. The number and location of these access drives has been determined by eval- uating the number of trips to and from the site during peak hours, the configura- tion of the surrounding street system, and on -site circulation patterns. Access drives 1 and 2 are located on the western frontage road of the Dallas North Tollway. The driveway locations, upstream of the off -ramp and downstream of the on -ramp, are dictated by the need to alleviate hazardous maneuvers either from or to Tollway ramps. The location of Access 3 from Inwood Road across the old St. Louis and Southwestern Railroad right-of-way and the Dallas Power and Light Company easement has been planned to coincide with a proposed median break on Inwood Road. There- fore, all directional movements could be made at this location. Parking Using the Farmers Branch Zoning Ordinance, the office parking supply has been determined by using a parking ratio of 3.3 spaces per 1,000 square feet. This translates into a requirement for 2,228 spaces for the office development. The athletic club parking has been estimated based on experience at similar clubs and reflects a parking ratio of approximately one space per 350 square feet. Thus, 140 parking spaces are proposed for the athletic club. This requirement relates well to the Farmers Branch Ordinance which suggests one space per three persons to be accommodated in the establishment (approximately 400 persons during peak conditions). To accommodate these parking requirements, the proposal includes two parking structures as well as some surface parking. -4- 0 FUTURE TRANSPORTATION SYSTEM AND PROJECTED 1990 VOLUMES FIGURE 2 1' ti� c C �O A z A . O 0 4 Q CO v a CC 1 40,28 4U,28 BELT LINE RD. 146,400 43,500 49,500 6D,42 S o 0 0 0 6D o 0 O 13 ° � 42,000 t-- o o Nt ` 0 0 e- C? vr 6D,42 SPRING VALLEY RD. 30,300 6D 0,80 • 51,000 0 36,000 42,000 0 ALPHA RD. 6D,42 0 20,500 g g 1 co t ', 0 0 Z rn N 0 0 r 0 i z 0 z 3 N 23U,21 44 8D 200 192 700 211,30 900 �3U 21 8D,200 I.H. 835 CV ,300 2Q9 ' CO O CV CV CV Ci v.t CD KEY XXX,XXX 1990 VEHICLES / DAY 40,28 - 4 LANES DIVIDED, CAPACITY 1000 VEHICLES / DAY 3U,XX - 3 LANES UNDIVIDED SOURCE: TRANSPORTATION PLAN AND ANALYSIS FOR FARMERS BRANCH, PAWA, INC., SEPTEMBER 1982. 7 O 0 -5- _ • iae ACCESS PLAN FIGURE 3 -,--...._________________________ j SPRING VALLEY S O O Q 0 t L : ------ t PARKIN j 0 STRUCTURE N i 1 1 CC ' _ j Z II ., j 1 _.( PARKING f V STRUCTURE. jI I i .1 'j :j i t. VA ' N ALPHA RD. Q P -6- fit: III. TRAVEL PROJECTIONS AND IMPACTS Trip Generation Table 1 summarizes the projected trip generation related to the land uses proposed within this development. Furthermore, the assumptions used to estimate these daily and peak hour trip estimates are identified. These assumptions and pro- jections include a.m. peak hour and p.m. peak hour as well as inbound and outbound estimates during those time periods. The athletic club trip generation rates have been estimated on the basis of observations of other similar athletic facilities. As can be seen by reviewing these rates, the afternoon peak hour is the most critical time period for the facility, reflecting the significant use of the facility at the end of the working day. The office trip generation rates are based on rates published in the Institute of Transportation Engineers, Trip Generation Report, as revised in 1979. However, these rates have been adjusted to reflect several travel characteristics which exist in the North Dallas area. These factors include average vehicle occupancy, transit ridership, and peaking characteristics. 'Ridesharing and transit will account for a major portion of the trips to work at this site. Initially, ridesharing in the form of carpooling and vanpooling will provide the only significant alternative to the automobile. However, as density in the area increases, additional transit service provided by the Regional Trans -' portation Authority or the Dallas Transit System will allow a greater number of transit commuters. A phenomenon which affects the number of peak hour trips is the fact that as traffic increases above a certain level, motorists will adjust their times of travel. This action is in any cases encouraged by employers through "flex time" or staggered work hours. Traffic counts and projections for the Dallas Parkway and the LBJ Freeway indicate that this trend is occurring now and will continue to be significant. The resulting impact of this phenomenon on trip generation is to lower peak hour rates. -7- 0 , - , • U) 0 0 0 0 0 _ = 04 cn CO 0 0 •-.4 •1-1 cr) 0") re) 0 • $.4 .‘ E -I ....4 4-1 . • • O 0 o • C.) 1.4 1 44 '.... ".... •ri CD • , r , I fs.1 I ai w u) 14 0 In ul in 1-1 0) 0 %C. -. -.I --I $4 o 4- 0 • • • • 0) = (t 0 0 .-4 .-1 () c0 1.4 a) u) CCS P4 Ca. 0 0 Lf) Un 0 00 •4 In r-- in Ln rn 0 • 14 .-4 Cf) on . 0 P-1 0 •ri 1-4 3 • -, 0 1.414-4 a) • -I P40) 0 0 •0 VD .0 4-1 W 0 0 CNI c•1 Cs) 4- 0 • • a) C Q ce) o o o .c 4-1 4.4 (.0 • C.) • 0 0 It') in CI (4) a) 0) ,-4 •-• r•-• In tri a% $4 r•-1 i--1 P • •- 1 0 ( 4-1 C..) E-I 4- 0.1 9-1 03 14 X (1) O 0) 0 0 • 0. 4- "'"•••• Z P tri ...... ••,... 0 CO • 0 W • ' " I '0 1-I P p4 C0 .t 0) 0 E-1 0 to r`.... 1"... t- 0 4.J (4) - g 0 Z 0) 0 c 4- 0 1-4 CsI •• • CV • %1 •-1 CO i-1 C.) 0 0) 1.4 kJ 0 0 0 0 0 0 •*": O. 0 Z .4 0 "0 4-) 4.1 ••4 CO ...1' 0 W ••••■ C) 0) 1.) • 0) al a Cn to o 0 o in a) a) .-4 c.) t4-1 43 p4 0 -.1' 0 c,, CN CO 1-1 4-1 $4 1-1 1-I • N-I --I cn re) 0 ,M 0 II W 00 04 E-1 1.4 • E-1 •■ r.4 •LJ L4 Pa CO ›N *1•1 H <0 0 C.) 11 1 ••• • 0 0 0 41 1-1 • 4-1 •r•1 0 0 CO E r1 1.4 ( 4 - 1 - ***•• ....... •ri 4.) 0. 0., C.) CU • • I ( "I PI P40) 1-4 U ..-1 CO 4- ) 0 C' er) er) 0 0 C.) X 0 o CU 0 ON In Ln in 0 0 0 co ,--1 14 ..) 0 • • • • 4-4 0) $.4 r-1 P4 0 0 0 orl .-I .-4 to 00 0 W 0 • P4 - CA 4-) •0 0 . 0 0 0 4 . 0 •r4 0 Sr X O 0 0 0 0 0 (4) $.4 4-1 0. Ln r• L - n cr) 00 ..-1 4.) CV 4-3 P - •r4 1-. %.0 .--1 I-1 LO lj 00 9•4 0 1.4 •• r. •• •■ U) 0 0 Z H CNI CV C‘) r- 5 $.4 >, 0 a) a) 0 L4 .---i 1-1 W > 1.4C(4 -1 • - ..., 4'1 as $4 (..1 -11 c.) I •r4 A 0) • (4) 00 P40) 0 .0 .0 .0 a) 0 es) css (NI .L.) tr4 • • • W 0 • • • al 4) 0 Lf) 0 0 0 0 0 CZ 0 r-.1 r-4 1.-4 r-I *ri 0 C4 •-i 4- -4-4 (4) 1-I • • • . al 0 44 (4 44 44 " • • • • Cn 1.- 0) 0) 0) co 0) 0 a) a) 0. N 0 0 0 0 .0 CO •t-1 0 0 0 0 $4 0 Cl) 0 0 u to 0 0 0 0 r•-• r•-• Lt .0 0 0 ('s) C.4 t-.4 0 4-1 ....• ' C4 0 • 0 C O (1) r-1 0 4• 0 0 0 4.) 0) c.) --..--*- , -.... -....--- •0 •r•I cf) ••-I 0) 4-1 4.) a) a) a) co co a) 0 0 0 ,-4 0 ori 1--1 •r4 -ri .4-1 C0 PC1 1- O X 4.4 1 4-4 CFI 4.1 CO 44 4.4 4.4 4.4 0 I - 3 <0 0 0 0 H •••••• '''.. •-.4 I C.11 ' - 8- ell The trip generation rates (both daily and peak hour) used for the office develop- ment have been calculated by adjusting the ITE rates to reflect the specific North Dallas area characteristics as footnoted in Table 1. As summarized by Table 1, it is estimated that the total development would gen- erate approximately 7,680 vehicle trips per day. A vehicle trip is defined as a one -way vehicle movement with either an origin or destination within the project. Traffic volumes during the morning and the afternoon peak hours are approximately equal in total volumes, with the afternoon peak being slightly greater. During the p.m. peak hour, it is estimated that approximately 1,000 vehicles would be leaving the project, while about 330 vehicles would be entering the site. Driveway Distribution The projected use of each of the three access driveways is related to the directional distribution of the project traffic, the relation of the driveways to the adjacent streets, and the configuration of the proposed buildings and parking structures on the site. Based on travel patterns in the area and the location of residential areas where office workers might live, traffic to and from the site was assumed to be distributed in the following cardinal directions: • To and from the north - 30% • To and from the south - 40% • To and from the east 15% • To and from the west - 15% Applying these distributions to the location of the three access driveways resulted in the driveway demand distribution summarized on Figure 4. Traffic. Impacts To determine the traffic impact of the project, it was necessary to examine the traffic volumes and capacity during the peak hours of use. Figure 5 illustrates the afternoon peak hour volumes and capacity which have been projected on the adjacent roadway to the development. The roadway system and projections illustrated are from the Transportation Plan and Analysis for Farmers Branch by PAWA, Inc. Also shown are the net increase in traffic volumes attributable to the proposed project. The net increase is equal to the number of trips generated by the proposal less the number of trips to this site included in the travel model. • -9- 010 DRIVEWAY DEMAND DISTRIBUTION FIGURE 4 • ( 0 -----\ \ 1/44,________________________________J L........... SPRING VALLEY Z .z 0 0 0 fl } a i % PARKING ' 1 STRUCTURE 1 r O i + o 1 PARKING r V STRUCTURE 1 1 % :1 ` r 1 111E111111111 , ' , I 1 1 ' A.M. IN 500 215 370 , 1 OUT 50 75 65 P.M. IN 115 100 115 L OUT 300 365 345 VAL ts. ALPHA RD. V P — I0 PROJECTED PEAK HOUR TRAFFIC VOLUMES FIGURE 5 4900 SPRING VALLEY 0 4900 z 4200 0 o 0 1200 9 170 1370 • 2100 2700 i 360 3060 o 4200 ; 21001 310 %` 2 410 1 25001 0 1 1200] 2901 \14901 %21001 % KEY: XXX - VEHICLES PER HOUR 1 [2... • XXXX 1990 VOLUME ; 1 XXX NET INCREASE • I L XXXX - TOTAL I XXXX - CAPACITY V b. ALPHA RD. V D -11 ■ qt.) Figure 5 reveals that both Inwood Road and the southbound frontage road of the Dallas North Tollway will have sufficient capacity to accomodate the proposed development. Inwood Road is projected to have a volume of 3,060 vehicles during the p.m. peak hour, compared to a projected capacity of 4,200 vehicles per hour. The Tollway frontage road immediately adjacent to the site is projected to carry volumes within its capacity. The most heavily traveled section of this frontage road will be that section between the on- and off -ramps in the vicinity of the project; in this area, it is projected that the frontage road would carry approximate- ly 2,400 vehicles per hour, compared to a capacity of about 2,500 vph. The greatest future difficulty in the area will be experienced on Spring Valley Road in the vicinity of the Tollway. However, since this congested roadway is not a necessary path to the site with the provision of Access 3, traffic to the site is not likely to utilize Spring Valley Road between Inwood Road and the Dallas North Tollway. • • -12- 0 p(' PRC Voorhaas Planning Research Corporation Division of PRC Engineering Denver Technological Center Building 40 UIC; West /935 East Prentice Avenue Englewood, CO 80111 303 -740 -966 June 24, 1983 Mr. Terry Richards The Bill L. Walters Companies 7951 East Maplewood Avenue, Suite 300 Englewood, Colorado 80111 Dear Mr. Richards: In January 1983, PRC Voorhees, in association with the firm of DeShazo, Starek & Tang, Inc., conducted a traffic impact analysis for the office complex development proposed by the Clark - Walters Partnership in Farmers Branch, Texas. At that time, 675,000 square feet of office space was proposed in ton.junttion with an athletic club. It in our understanding that the proposed plan hae r000ntly been modified to include only 590,622 square feet of office space and the athletic club. The purpose of this letter is to briefly summarize the effects of this reduction on the traffic impacts of the project and its parking requirements. • Utilizing the same trip generation rates as used in an previous analysis, the following table compares the estimated traffic volumes associated with the current plan to those estimated for the previous proposal. These estimates include traffic generated by the athletic club. Previous Current Proposal Proposal Daily 7,680 vpd 6,810 vpd A.M. Peak Hour In 1,085 vph 950 vph Out 190 vph 170 vph • P.M. Peak Hour In 330 vph 305 vph Out 1,010 vph 885 vph From this table, one can see that the change in the development plan generally results in a twelve percent reduction in generated traffic. The parking analysis in the previous submittal was based on shared use of the parking facilities because of the mixed land uses being proposed. Because the office parking demand decreases at the same time that athletic club parking demand increases, shared use of some parking is reasonable. prc Mr, Terry Richards June 24, 1983 Page 2 As a result of the reduced office space, the amount of parking required is also reduced. The office space in the previous submittal required 2,228 parking spaces, based on the Farmers Branch Zoning Ordinance re- quiring 3.3 spaces per 1,000 square feet. With the reduction in the amount of office space proposed for the complex, the amount of parking required is reduced by 278 spaces to a total of 1,950 parking spaces. However, by reviewing the parking accumulation patterns depicted in Figure 4 of our traffic analysis, the amount of parking is still substantial enough to allow for shared use by the athletic club. The peak parking requirement for the athletic club has been estimated to be 242 spaces. Even with the reduction in office space parking, this requirement is easily met by unused office parking during the athletic club peak. Thus, additional parking for the athletic club and adjoining restaurant is only necessary during the peak accumulation time for the office buildings. Using the same analysis procedure as documented in the traffic impact report, 110 parking spaces exclusively for the athletic club will be re- quired for the 11 :00 A.M. to 1:00 P.M. time period, when maximum use of the office parking is expected. The amount of athletic club parking is based on data indicating that demand during the mid -day period is equal to less than 45 percent of the peak period demand. Also, 30 additional spaces would be necessary in support of the restaurant. Therefore, a total of 2,060 parking spaces would be required based on the reduced development plan for the office space and shared use of the facilities by the mix of proposed development activities. I hope that this letter adequately addresses the changes in traffic and parking which are created by the reduction in office space in your Farmers Branch project. If you have any questions or require additional information, please call. Sincerely, PRO Vaenceco /4/ rie . Robert W. Felsburg Division Vice President RWF /da A Planning Research Company 42) e PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: June 24, 1983 F2RmERs BRBnCI -I FROM: Earl Deland, Jr. Director of Public Works TO: Larry Hurtt Assistant Building Official SUBJECT: Traffic Memo Concerning the Clark- Walters Revised Site Plan Upon review of the above referenced project, the Engineering Division believes that the revised site plan will possibly generate less traffic than the original site plan which was approved, because the amount of occupied building floor area is less on the revised site plan than the original site plan. ED /KVC:vb TRAFFIC MEMO =Mt F Co ORDINANCE NO. 1422 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE TRACT OF LAND BOUNDED ON THE SOUTH BY ALPHA ROAD; BOUNDED ON THE EAST BY DALLAS PARKWAY; ON THE NORTH BY SPRING VALLEY ROAD; AND ON THE WEST BY THE DALLAS POWER AND LIGHT TRANSMISSION LINE EASEMENT FROM THE CURRENT ZONING DISTRICT CLASSIFICATION OF LIGHT INDUSTRIAL (LI) TO PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 42 (PD -LI) ALLOWING HIGH DENSITY MIXED USES; ESTABLISHING DEVELOPMENT STANDARDS FOR PD ZONING DISTRICT NUMBER 42 PROVIDING A SAVING CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A I'"ILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Farmers Branch, in compliance with the charter of the City of Farmers Branch, and the state law with reference to granting of changes of zoning under the Zoning Ordinance Regulations and Zoning rap, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Farmers Branch is of the opinion that due to a change in condition and in order to protect the public health, welfare and safety, said changes of zoning should be granted, as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Farmers Branch, Texas, be, and the same is hereby anended by &Tending the Zoning Map ORDINANCE +1422 C:TM 3s�0tJ L ,,n. U �.. mss.Wv -7 �t_f2'_' ^:'u( �.`f?X:7 7'5234 -.147-3131 //// it Kt. :i in rr i�ncoiu,) ., to e�55C ,a L.str Ct. VAfyk o Notts, Se0 2AH.. Great 3rrt!an l[4 of the City of Farmers Branch so as to change the zoning on the following described tract of land from Light Industrial (LI) to Planned 'Development Zoning District (PD -42), and standards as set forth in Exhibit "B ". Said tract of land being shown on Exhibit "A" and more specifically described as follows: Beginning at a pipe on the west line of Dallas Parkway, 100.0 feet wide, at the northeast corner of Lot 2 of Alpha Way Addition to the City of Farmers Branch, Texas, according to the plat thereof recorded in Volume 75125, Page 1622 of the Deed Records of Dallas County, being 262.27 feet N 00 15' W from the northeast corner of the intersection cutoff from the widened north line of Alpha Road to the west line of Dallas Parkway; Thence N 89 57' W, along the north line of said lot 2, being the south line of the 10 acre tract conveyed to Clark and Smith by deed filed June 15, 1961 and recorded in the said Deed Records, a distance of 144.53 feet to a pipe at the southeast corner of the 5.08 acre Right of Way, 100 feet wide, conveyed to Dallas Power and Light Company by deed recorded in Volume 4633; Page 308 of said Deed Records; Thence N 17 O1' W, along the northeasterly line of said Dallas Power and Light Company Right of Way, a distance of 1452.85 feet to a steel rod at the southwest corner of the 199,789 square feet tract conveyed to William W. Browning, Jr. by deed recorded in Volume 75244, Page 2154 of said Deed Records; Thence Fast, along the south line of said Browning tract, a distance of 563.68 feet to a steel rod for corner on the west line of Dallas Parkway 672.09 feet S 00 15' E from its intersection with the south line of Spring Valley Road; Thence S 00° 15' E, along the west line of Dallas Parkway, being the west line of the 89,219 square feet conveyed to the County of Dallas by deed recorded in Volume 69069, Page 1339 of said Deed Records, a distance of 1389.39 feet to the place of beginning: Containing 491,946 square feet of land or 11.2935 acres. SECTION 2. That all uses in PD zoning district Number 42 (PD -42) shall conform in operation, location and construction to the performance standards established by the Comprehensive Zoning Ordinance of the City of Farmers Branch. SECTION 3. That all uses in PD zoning district Number 42 (PD -42) shall conform to the development standards as shown on Exhibit "B ". OM' SECTION 4. That the above described tract of land shall be used only in the manner and for the purpose provided by the Comprehensive Zoning Ordinance of the City of Farmers Branch as heretofore amended, and as amended herein. SECI10N 5. That any person, firm or corporation violating any of the provisions or terns of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Farmers Branch, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTION 6. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or portion thereof, other than that portion so decided to be invalid or unconstitutional. SECTION 7. Injunctive Relief. In addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 8. Whereas, it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper develop- ment, and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage, and publication of the caption of said ordinance, as the law in such case provides. DULY PASSED by the City Council of the City of Farmers Branch, Texas, on this the 20 day of DeeFmher , 1 982. 0 APPROVED I/ / Mayor 1 APPROVED AS TO FORM: ST: .0° A Y ty Attorney City - cretary 0 Xh *1 .� r • ! 1';�„ - d' !'1.Ira�77 - 7vvvl r .rrL - 1rrt _ • - _ � . .,>S• ti • \ J /riN4 rAl/t1 • RO.° . ! °01 1,.. . • . .. sit. \ S. ,•• • I, \\\\ ri.._ 0•1•111 r .tors n'n�. • • • : 0 ° ly Ur_ • 1 I • • • • \ 1110 f:..11..1... • _ 1nn Ke_ ` - 1: N4/%, _ .. a..n,..r• 1j . .x. w.. r... .. l : '4 1 II !A31 $63t \ i u r ! I. g I. 1 • l : '..- • 1ti 11 1 !� ` 1 1 f • r • \ 0 ' .4 ... , X i r, 1 i 1 t f 1 • e • `,T Y t ` t i t �: • ! _ ' \o .. Ya _ _ .__ , ` x 1 = \\ y0 , , 1' ^. IY • 1 • i .. 1 i ,_,• , . ,• R. w • 1 • - \X• \77. 7 \\\ .e • lsl, lrl JO rf. • ... 1 a•a,• .tna /4. / � •� � I \ To\ .. • \* ;. :,• !... . • t • . • 'el • • I: 1 a ,..:, \ \ CO ., 1. Is —+ ' \ . a11:•S orJ l d t \ 1 . \ ' _..._\- ,.. _ . . —.1 • -_-..4_.- --Ali , 1 - \ \ \• ` 1 :.1 _ __. • . • , • EXHIBIT "A" ti.. 0 EXHIBIT "B DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENT DISTRICT NUMBER 42 The following standards shall be considered in the design, location and siting of structures of structures and other development features within. the Planned Development District. A comprehensive site plan will be required with each developuent as described in Paragraph 8 -502 of the Zoning Ordinance as well as herein. I. BASIC PERFORMANCE STANDARDS A. PRINCIPAL USES PERMITTED The following principal uses shall be permitted subject to approval of conceptual and detailed site plans. 1. Office Buildings. This includes but is not limited to: private corporate offices, speculative offices, professional offices, medical and diagnostic offices. 2. Hotels and Motels. 3. Private Health'Clubs, including swimming pools, game courts, and similar recreational facilities none of which are available to the general public (by Special Use Permit). 4. Financial Institutions. 5. Retail and restaurant functions serving the office, hotel and private health club (includes Private Club with special use permit) uses. B. SECONDARY USES PERMI'11ED The following secondary uses shall be permitted only in a PD district which includes office and one other principal use. 1. Automobile oriented uses limited to: a) drive -in banks b) service stations (by Special Use Permit) 2. Business service establishments. 3. Commercial recreation uses, limited to: a) commercial health clubs, including swimming pools and racquet sport courts b) Skating rinks, ice or roller 0 c) Theatres, cinema or legitimate d) any other similar retail recreation use 4. Dwellings, 30 dwelling units per acre and above. 5. Dining establishments. 6. Private clubs. (By specific use permit) 7. Commercial off - street parking. 8. Personal service establishments. 9. Transportation facilities, limited to: a) heliports (By specific use permit) b) mass transit stops Secondary uses shall be designed to serve primarily the needs of occupants of the planned development in which they are located. Such uses shall be designed so as to maintain and protect the character of adjacent properties. Recognizing that developments may be subdivided for creation of specialty uses on separate sites, the requirements for one or more principal uses may be waived by the City for sites of one acre and smaller. C. USE LIMITATIONS 1. All development shall conform to standards set forth in maximum and minimum development standards. 2. Secondary uses shall be permitted only in the presence of primary uses. 3. The gross floor area of secondary uses, except parking, shall not exceed 20% of the total principal uses of the development. 4. All uses shall be permitted only in the location shown on the approved final site development plan. Once constructed, any alteration to a given structure or change in a given use shall be governed by the regulations of that conventional zoning district which rmst closely characterizes the given development, such conventional district to be determined by the City Staff subject to review by the Planning and Zoning Commission and City Council. Should a desired alteration or change in use represent a substantial departure from the approved final development plan, then such shall be allowed only after resubmittal of the amended site plan. D. LOT SIZE The following are standards for lots on tracts to be submitted for approval as building sites. 1. Minimum lot area: 1 Acre (considering phasing) 2. Minimum lot width: no requirement E BUILDING VOLUME REGULATIONS 1. Maximuun floor area ratio, including garages, 4:1 (Floor is defined as the gross area of any built structure from grade level up. Basements of office and parking structures will not be counted in this ratio). 2. Maximum building heights: No greater than that allowed by FAA. A copy of approved FAA Building Height shall be submitted to City Planner. 3. Building setbacks: Public street right -of -way: structures shall be setback 20 feet from the property line. Public alleys and service ways: alleys and service ways will have a minimum right -of -way of 30 feet; structures shall be setback five feet from the property line. Side and rear property lines: structures shall be setback a minimum of 10 feet from property lines shared with adjacent properties and not fronting onto public right -of -way. The intent shall be to guarantee a permanently unobstructed area of 20 feet between structures for fire access purposes. F. SITE COVERAGE AND LANDSCAPE 1. The gross building footprint of buildings and parking garages should not exceed 50% of the gross site area. 2. The landscaped open space shall be not less than 570 of gross site area. 3. Site coverage may be increased as landscaped open space is increased. For every 170 increase above 570 in landscaped open space, site coverage may be increased 270 above the 507 limit. This allowable increase shall proceed to an absolute maximum site coverage of 7070 gross site area. 4. Parking lots at grade must have not less than 5% of their interior area landscaped. Border plantings at the perimeter of the lot shall not be considered as part of the interior landscaping requirements. 5. Landscaped areas shall be interpreted to mean zones of grass, ground cover, trees and shrubs, paved and landscaped areas for pedestrian uses, and lakes or fountains. Paved areas for parking or regular traffic flow shall not be considered as part of this classification. G. Parking shall be provided for the proposed uses at the following minimum ratios, and shall be accommodated at grade or in structures. 1. Offices: one space per 300 square feet of gross area. 2. Hotels and Motels: One space per rental unit for the first 250 rooms, and one -half space per rental unit for each room between l!/� 250 and 500, and one- quarter space per rental unit for all additional rooms over 500, plus such spaces as required by restaurants, ballrooms and affiliated facilities. 3. Retail and affiliated office support services: one space per 250 square feet of gross area. 4. Eating establishments: one space per 100 squsre feet of gross area. 5. Theatres: one space every four seats. 6. Health Club: to be established at the time of site plan approval. 7. Mixed use parking discounts: in order to provide adequate off- street parking for large - scale mixed -use development projects, the following are excluded in the calculation of off - street parking requirements: a) Discount ten percent of the required parking for an office use when that use totals in excess of 250,000 square feet in gross area and is developed on the same lot with qualifying hotel, retail, or restaurant uses outlined in this sub - section. b) Discount ten percent of the required parking for a hotel use when that use totals in excess of 250 guest rooms and is developed on the same lot with qualifying office, retail, or restaurant uses outlined in this subsection. c) Discount ten percent of the required parking for all retail uses, when those uses total in excess of 10,000 square feet and are developed on the same lot with qualifying office, hotel, or restaurant' uses outlined in this subsection. d) Discount fifty percent of the required parking for all recreation, entertainment, bar, and restaurant uses when developed an the same lot as qualifying office or hotel uses outlined in this subsection. e) Discounts of the required parking for health club uses and restaurant uses, entertainment uses and all other health club related uses may be considered at the time of site plan approval. 8. It is recognized that existing office and hotel uses may be inte- grated into future developments. To foster mixed -use interaction between existing and future uses, the Planning and Zoning Board shall consider shared parking agreements between owners of adjacent pro- perties, and authorize a reduction in the required parking as outlined in Section G -6 above. This shall be established on site plan by developers. H. SERVICE FACILITIES 1. All office, commercial, hotel and restaurant uses shall provide and maintain off -street loading facilities in the quantities stated below: a) Office uses: i. 0 to 50,000 gross square feet: no spaces /f; ii. 50,000 to 150,000 gross square feet: 1 space iii. each additional 100,000 gross square feet: 1 space b) Commercial uses: i. 0 to 10,000 gross square feet: no spaces ii. 10,000 to 50,000 gross square feet: 1 space iii. each additional 100,000 gross square feet: 1 space c) Hotel Uses: i. 0 to 50,000 gross square feet: no spaces ii. 50,000 to 100,000 gross square feet: 1 space iii. 100,000 to 300,000 gross square feet: 2 spaces iv. each additional 200,000 gross square feet: 1 space d) Restaurant Uses: i. 0 to 5,000 gross square feet: no spaces ii. 5,000 to 25,000 gross square feet: 1 space iii. 25,000 to 50,000 gross square feet: 2 spaces iv. each additional 50,000 gross square feet: 1 space 2. The City Staff shall determine off - street loading requirements for uses not specified, based on the most similar use listed above. 3. A structure containing more than one use must meet the loading requirements of each use unless one use occupies 90 percent or more of the gross building area, in which case the loading re- quirement is calculated as if that use occupied the entire structure. 4. The first required space, and thirty percent of all other spaces, must be suitable for semi - tractor trailer delivery vehicles. 5. Loading facilities for rmre than one building may be provided in a common terminal if connections between building and terminal are off- street. 6. Loading facilities shall be designed to minimize interference with traffic flow. J. STREETS All streets shall be constructed in conformance with City engineering design criteria. K. PHASING If a tract is to be developed in phases under this Planned Development Ordinance, each sub -tract shall conform to the basic performance standards of the Planned Development Ordinance, as though it were a separate site. II. REQUIRED SUBMISSIONS A. CONCEPTUAL DEVELOPMENT PLAN The following are submittal requirements for approval of a conceptual development plan under the proposed Planned Development designation for an entire site. 1. A vicinity map at a scale not smaller than 1 inch equals 2,000 feet. 2. A Boundary Survey of the property, including the following: a) metes and bounds of all property lines b) total area of property c) scale and north arrow d) names and route numbers of boundary streets and rights -of way e) existing topography with a mmdman contour interval of two feet 3. A statement confirming ownership of the subject property and stating the place of the record of the latest instrument in the chain of title. 4. An aerial photograph of the subject property and all adjacent pro- perties within at least 500 feet. 5. A generalized land use plan showing approximate location of proposed land uses, circulation corridors, and public utility corridors. This should include a statement of maxima allowable building and parking space and anticipated building heights as allowed by the Planned Development Ordinance. 6. A statement or visual presentation of how adjacent and neighboring properties shall be affected by the proposed development. This statement should address vehicular access plans, site context, and existing and anticipated land uses. B. DETAILED DEVELOPMENT PLAN The following are submittal requirements for approval of a detailed de- velopment plan under the proposed Planned Development designation. This submittal would address a particular phase of a project, and would be required before building permits would be considered. 1. A vicinity map at a scale not smaller than 1 inch equals 2,000 feet. 2. A boundary survey of the property including the following: a) metes and bounds of all property lines b) total area of property c) scale and north arrow d) names and route numbers of boundary streets and rights -of -way e) existing topography with a maximum contour interval of two feet 3. A detailed scaled site plan showing: a) existing and proposed public or private streets b) existing and proposed building or parking structure locations, including size in number of square feet, number of floors, and proposed approximate average height above grade. c) existing and proposed utility easements and fire lanes 0 d) landscape plan showing proposed vegetation zones and their relationship to adjacent properties e) proposed at -grade parking lots and loading facilities f) a statement of proposed floor area ratio, site coverage ratio, landscaped area ratio, and the relationship between these figures and the standards set forth in the Planned Development designation g) proposed on -site identification and directional signage 2i CITY OF FARMERS BRANCH, TEXAS APPLICATION FOR APPEARANCE BEFORE • PLANNING AND ZONING COMMISSION NAME of Party making request The Bill L. Walters Companies - Texas Mai ling Address 1570 One Galleria Tower, 13355 Noel Road Dallas,TX 385-1966 Number and Street City Telephone Location of property involved in request "See Attached Exhibit A" 1 & 2 Elisha Fyke Survey Lot Block Subdivision Survey Nature of Request: (Write request in shortest, most complete manner. Use back of sheet if additional space is required....Include all in- • formation pertinent to the request). • See Attached:. "Nature of Request" • • Do Not Write Below This Line For City Use Only • Application taken by Application No. Fees Required Scheduled for Subdivision Final Approval Preliminary Approval Other ACTION TAKEN: First Presentation Date Second Presentation Date Third Presentation Date Council Action Date NOTES: • • APPLICATION EXHIBIT ..A.. Being a tract of land located in the City of Fanners Branch, Texas, being part of the Elisha Fyke Survey, Abstract 478, Dallas County, Texas, and being described more particularly as follows: Beginning at a pipe on the west line of Dallas Parkway, 100.0 feet wide, at the northeast corner of Lot 2 of Alpha Way Addition to the City of Farmers Branch, Texas, according to the plat thereof recorded in Volume 75125, Page 1622 of the Deed Records of Dallas County, Texas, being 262.27 feet N. 00° 15' W. from the northeast corner of the intersection cutoff from the widened worth line of Alpha Road to the west line of Dallas Parkway; THENCE N. 89° 57' W., along the north line of said Lot 2, being the south line of the 10 acre tract conveyed to Clark and Smith by deed filed June 15, 1961 and recorded in the said Deed Records, a distance of 144.53 feet to a pipe at the southeast corner of the 5.08 acre Right -of -way, 100 feet wide, conveyed to Dallas Power & Light Company by deed recorded in Volume 4633, Page 308 of said Deed Records; THENCE N. 17° 01' W., along the northeasterly line of said Dallas Power & • Light Company Right -of -Way, a distance of 1452.85 feet to a steel rod at soutiitest corner of the 199,789 sq. ft. tract conveyed to William W. Browning, Jr., by deed recorded in Volume 75244, Page 2154 of the said Deed Records; THENCE East, along the South line of said Browning tract, a distance of 563.68 feet to a steel rod for corner on the west line of Dallas Parkway 672.09 feet S. 00° 15' E. from its intersection with the South line of Spring Valley Road; THENCE S. 00° 15' E., along the west line of Dallas Parkway, being the west line of the 89,219 square feet conveyed to the County of Dallas by deed recorded in Volume 69069, Page 1339 of said Deed Records, a distance of 1389.39 feet to the Place of Beginning and Containing 491,946 square feet of land, or 11.2935 acres, more or less. • (it) 6 COUNCIL MEMORANDUM F3RmIRs BR3ncH From: The Office of the City Manager Date: July 5, 1983 Subject: AGENDA ITEM NO. C.6 PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NON -DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW AND TAKE APPROPRIATE ACTION. REQUESTED BY DENNIS L. WHITE FOR THE PROPERTY LOCATED AT 2825 VALLEY VIEW LANE NO. 216 IN AN LR -2 ZONING DISTRICT. EXPLANATION: Mr. Dennis L. White is requesting a specific use permit for a Chinese restaurant to be located at 2825 Valley View No. 216 in an LR -2 Zoning District. Article 8, Section 114 of the City's zoning ordinance requires a specific use permit before a Certificate of Occupancy may be issued for the proposed use. RECOMMENDATION: The Planning and Zoning Commission recommends to the City Council that the request be approved with the following conditions. 1. Dumpster location and screening be approved by the City Staff prior to a Certificate of Occupancy being issued. 2. The maximum occupant load be limited to eighty (80) per- sons. ACTION BY COUNCIL: Several options are available. 1. Motion that the request be approved as submitted,(and direct the City Staff to prepare the appropriate amending ordinance). 2. Motion that the request be denied. 3. Motion that the request be approved with conditions, (as recommended by the Planning and Zoning Commission), by adopting Ordinance # 1444. PMW:TES:LH:tgd Attachments: 1. Information submitted by applicant. 2. _Location sketch. 3. Copy of Site Plan. 4. Copy of floor plans 5. Copy of Article 8, Section 114 of the City's Zoning Ordinance. 6. Copy of Application. 7. Summary of mailed notices. 8. Copy of Ordinance # 1444 . - I DALCOM Construction, Inc. June 13, 1983 City Council Farmers Branch, Texas Dear Sirs; am Bill Williams, of Dalcom Construction, Inc, our firm is representing Anchient Chinese Restaurant. Enclosed is some information requested by Building Permit personnel. There are approx. 26 parking spaces on the perimeter of the lease space plus within 40 -60' an additional 24. There will be approx. 9 employees. The occupant load should not exceed 80. The hours of operation will be 11:00 a.m. to 10:OOp.m. 7 days a week. The menu will consist of typical Chinese menu. Enclosed is an example of the menu. The raw food is brought in and prepared on the premises. Enclosed is a copy of the complete interior lay -out including kitchen. This Restaurant will be an asset to the City and your sincere consideration is appreciated. Sincerely, ���' �i✓�� E Bill Williams Dalcom Construction, Inc. BW:cw INFORMATION SUBMITTED BY APPLICANT Properties General Contractor Development P. 0. Box 472715 • Garland, Texas 75047 • (214)840 -8201 DALCOM Construction, Inc. Menu - Lunches & Dinners Sweet & Sour Pork Pepper Steak Almond Chicken Chicken Chow Mein Chicken Chop Suey Sweet & Sour Chicken Sweet & Sour Shrimp Chow Mein -Fried Rice- Noodles Chicken Chow Mein Beef Chow Mein Pork Chow Mein Chicken Fried Rice Pork Fried Rice Soup Won Ton Soup Hot & Sour Soup Rice Soup Appetizers Fried Won Ton This is a partial menu because the final menu hasn't been completed. The menu will be more selective when completed. Properties General Contractor Development P. 0. 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'.• . - • ,..-- r ,,, ..--, „ -:."_' r, P- ' • •j., c ,......., - i . ,,.._..„,,,, ‘.,---- .. . - .'; ...3.--;.- ■(. 1 A, ki ‘..-.....- \ , - V• \\ ,.--:--' - \,....-- ,.) x. ..,, -z. , . , \ _,---2, ,- -- ‘-...-p....,.‘,..-. — .4. ,- - ,. --- ' - v , -1 .-- , ,-- \ 7_ — 0 ,, ‘„,.,--.. 7. > . ,9 . ....`..- 4-. -. ,... - , .,. , ,- i . . ' ,---.--- - •L; 2 . ' ' .....""' ; - \ . (-_,.. \ ?:- '' - '( -;• 2.1 '\,.::''''' --'''' .: - ";.• ',- - • • - A '-- \'''----- c....V ‘L.- - 8 -114 MISCELLANEOUS USES . r-1 N M szr r1 N H N M cN Lr) lO r - 1 N 1 I 1 I 1 1 o a as f! a ao a xa TYPE USE Pet Shop, Small Animals and Related, No Outside Runs 11111111111111VAM Pet Outside 11111111111111111nell it Shop - sae as above W �.',,.. Barber Shop ,1,®'111311'1101 Beauty Shop i Banks & Associationsngs and Loan :,, `-��, 111,111111, ®a►1 Food Processing 111111111011111111111116111 Tires, Accessorrieseries & 111111111111110101111 Medical Offices 1111111111111111D .-`'''1•,'4 utomotive Repair IiiIIiISiiIiiIIYi Gage Restaurant with Drive -In 111111111111111110Mel Service 4 �) OutsidevSalesRWindowant w/o (47) - ,,,,, ®®a®®® , Toweripal Water trAerigegfitarAMMI or Dental 11111111111111121521.11 Related (Retail) and 111111111111111115101111 Rodeo uiiuiuiiiiiuiii:ii witheMinor AServicee Sales 111111111111111152WA Tmporary Carnival or IHIIIIINIIlL Modeling Studio IIIIIIIIIIIII1EI Snack and Sandwich Shops •� III -23- ARTICLE 8, SECTION 114 � y HUM/ FILING 'EE $1.50.00 1 , CITY OF FARMERS BRANCH REQUEST FOR SPECIFIC USE PERMIT •ti b aIp) TO La- BOARD OF COMMISSIONERS AND PLANNING AND ZONING COMMISSION OF THE CITY OF FARMERS BRANCH, TEXAS kpplication is hereby made to the City Council to authorize the Issuance of a Specific Use Permit and to Reference this use on the Zoning District Zap of the City of Farmers Branch, Texas, and in support of such request the following facts are shown: ?APPLICANT: � 1V t S ,' / , I e . c2 ,9S,35 - 1, ,Qi1 5.y 5t,77 .e. /113 Name M i ing Address DESCRIPTION OF PROPERTY - 1 a l� (Legal description and m may be attached) • LOT BLOCK STREET NO 1V5 (h9CZe tee, S. T 5 e, G FRONTAGE IN FEET ON STREET DEPTH IN FEET APPLICANT'S INTEREST IN PROPERTY (wildeR443E , Agent, ease, Option, etc.) PRESENT ZONING '•� REASON FOR REQUEST " 40 4` 't eicC =R / PROPOSED USE OF PROPERTY Re.• : (, 5 A o p p A/c d.g,4)1gk? ( j --C fA , 5 - e4 -4, .P ARE THERE DEED RESTRICTIONS WHICH WOULD PR i ,THIS PROPERTY BEING USED IN THE MANNER HEREIN PROPOSED? Signa ure of Owner oP ,3 Date The following is to be completed only if persons other than the owner is making this application. I, , do hereby certify that I am authorized to act for , owner of the above named property in making th's (over) APPLICATION 6 PROPERTY OWNER LIST CASE NO: B3_725 LOCATION : 8 e 5 P4/1.4 NOTICES MAILED: '(-Date ) RETURNED 10. NAME ADDRESS CITY APP OPP N. RESP. Ia as 1. Ross Love & Assoc. 2019 Cedar Springs 75201 X ' . 1 . :ox • . 1 icago 2. McDonalds 41 -42 'MF O'hare I11 6066. ''ouston 3. Shell Oil 1'.0. Box 2099 77001 la as 4. Safeway Stores Inc i'.0. Box 266 75221 ® X 5. R. C. Laugeson 6815 Valley View F.B. Lewlsviiii1111 6. Colonial Savings & Loan 217 S. Stemmons 75067 X 7. Cit of Farmers Branch P.O. Box 340435 1 F.B. X 8. E. F. Parks 2732 Golfin: Gree F.B. f x 9. E. J. Janssen • 3220 Brookhaven C ub F.B. ® x 10 '. T. Trezza 3738 -40 Golfin: G een F.B 11. C.M. Price 12804 Golfin: Green F.B v 'Buffalo 12. .F. Brueckner 1058 Fremont Wa N.Y. 60010 13. J. N. Ra burn 13023 Glenside F.B. 14. F.A. S.arks 2814 Golfin: Gree F.B. X 15. Same as #14 ' ® __ Dallas 16. Allen Piassick 7317 Baxtershire 75230 Dallas 17. .R. Gillette 2987 Tallisman 75229 18, G.D. Graeber '826 -28 Golfin! Gr:en F.B. 19. A.R. Jordan 3340 Rockmartin F.B. 111111111111 x 20. R.A. Bowie 2834 Golfin. re- F B ® X 2j. 11111.1411111111111111 t.,8 6- : 22. • k SUMMARY OF MAILED NOTICES SUMMARY OF MAILE NOTICES PROPERTY OWNER LIST CASE NO: LOCATION: NOTICES MAILEDc (Date) RETURNED 10. NAME ADDRESS CITY APP OPP N. RESP. 'lc arson avings Ric arson SavingsRichards.n 3. Loan ? Loan Bldg. 75080 '765 Dallas + 4. Joe Lancaster 2001 Br an Tower 75201 X 5. R. J. Gordon 13315 Wilmin:ton 1 F.B. 6. Same as #25 Dallas 7. New Nesbit Bldrs. Inc.I P.O. Box 402061 75240 • _ 1 I o 2 SUMMARY OF MAILED NOTICES 1 .. 1 FaRmeRs BR9ncH ORDINANCE NO X441¢ AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON -DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW IN AN LR -2 ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A PENALTY _ OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNC- TIVE RELIEF; AND DECLARING AN EMERGENCY. 1 Whereas, the City Plan Commission of the City of Farmers Branch and the governing body of the City of Farmers Branch, in compliance with the Charter of the City of Farmers Branch, and the State Law with reference to granting of a specific use permit under the Zoning Ordinance Regulations and Zoning Map, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Farmers Branch is of the opinion that said change in zoning uses should be made; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Farmers Branch, Texas, be, and the same is hereby amended by amending CITY OF FaRmeRs F3RancH P.O.F3CIX 340435 FaRmeRs BRarICH,TExas 75234 2141247 -3131 LIn41ED In FRIEnDSHIP WITH THE DISTRICT OF SRSSETLRW, fOTTIOIREr# 41144ITRin ell the Zoning Map of the City of Farmers Branch so as to grant a specific use permit for a non -drive in restaurant without outside sales window in an LR -2 zoning district. SECTION 2. That the non -drive in restaurant without outside sales window shall be located within the property designated as and more specifically located as follows: One restaurant to be located at 2825 Valley View Lane #216 (as shown on Exhibit "B "). SECTION 3. That the restaurant shall be operated in accordance with the information shown on Exhibit "A ". SECTION 4. That the above described property shall be used only in the manner and for the purpose provided by the Comprehensive Zoning Ordinance of the City of Farmers Branch as herein amended and by the granting of a specific use permit for a non -drive in restaurant without outside sales window in an LR -2 zoning district. SECTION 5. That any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Farmers Branch, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTION 6. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitu- tional, the same shall not affect the validity of this ordinance as a whole or any part or portion thereof, other than that portion so decided to be invalid or unconstitutional. SECTION 7. In addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 8. Whereas, it appears that the above described property requires that it be given the specific use permit in order to permit its proper use and development, and in order to protect the public interest, comfort and general welfare of the City of Farmers Branch, and creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage and publica- tion of the caption of said ordinance as the law in such case pro- vides. DULY PASSED by the City Council on the day of , 1983. APPROVED: Mayor APPROVED AS TO FORM: ATTEST: City Attorney City Secretary • EXHIBIT "A" Conditions of Operation Location 2825 Valley View Lane #216 Zoning LR -2 Size of Restaurant 2400 sq. ft. Days of Operation 7 days per week Hours of Operation 11 :00 a.m. til 11:00 p.m. (may change) Maximum Seating 80 persons Number of employees 9 Types of food See attachment Parking 27 spaces Exhibit "A" EXHIBIT "A" DALCOM Construction, Inc. Menu- Lunches & Dinners Sweet & Sour Pork Pepper Steak Almond Chicken Chicken Chow Mein Chicken Chop Suet' Sweet & Sour Chicken Sweet & Sour Shrimp Chow Mein -Fried Rice - Noodles Chicken Chow Mein Beef Chow Mein Pork Chow Mein Chicken Fried Rice Pork Fried Rice Soup Won Ton Soup Hot & Sour Soup Rice Soup Appetizers Fried Won Ton This is a partial menu because the final menu hasn't been completed. The menu will be more selective when completed. Properties General Contractor Development P. 0. Box 472715 • Garland, Texas 75047 • (214)840 CHIBIT "A `dam ...., 2N, /:::,,,,..---- 4 \ \ - at - . • ,,• . , f 1----L1 - Inas L11\ 0111111 wpm 11 - , IL . ._ . 1 41 .. ':' . :** ' '--- ' ' low ' .• /../... 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' :: 011 \ ' ...■•■• 1r* ..rir vas re't - -12. kt , _ . vs ,A,14.E.61 rnr\ .2 i s „,,,,,,. 4t: - - ,-„A . 1., ,,‘,k V. r t--' ......... , ' we 1.-v,....__ ,, . 166:-., - 1 .;"...rir • , . s 11111,.., Stw It VIS 1.-b-' ' 0. ow 1111111111 t'1 f _ , 1 i1% W / r I - r V 0 111111 � liaill t `1/t 5 EL. 0 t/� .-4 `...' ` W , �issittisoNsts to auto .- Ir ♦ - II III � t 1I .- , rt tr 0 „i uE_ --' t r i -1- 1 . . ' I sae tillirligamiliiii � , , tt ' I_EI' t4‘4 \ . i i , '1 \ , 0111111101“1 wog mai Lpt .,E i r,�,,.,, w DANN ^ a gillial IR”. 2. ti� a ,„,,„,,,,,,,,„„, J 10* ..souL . _ gm. .• y 1 \ \ 473, SR, ..� - L SAMFIVIPlib 4. \ d'• ' : * • • i ?". J � I .,1 --- F - IRC NVORA 1T --: I 1Z 0 l I - -- -- — — ( 15' uT1 L E -� iti r. f �.�., i tno I 80 .8' II �_ _ "- . - i I r t ( I 1 40 8 1 1 I ASPHALT +— ,` t STORY STUCCO I pARK1NG 1 O ) RY STUCCO ea v' m1 i 1 i t L_4._ __ 1 453' -t --Jay )' ( le L � +eo. 1 f i D .oc�o sa. E s __) zso°` 1 pGR. _ • to it � If 9 i t= I 100 (.."7' . CO ` 1 �= b ASPHALT PARKING 1 3. ...1) I I I 1 STORY STUCCO Q ASPtltAl_T I' O .9 I PARK�I�yG ECKERD'S N s DRUGS 0 n. W Q 1 N ©1 14764__ 0 - i ./. • 410' 0 I. --- ___!'.r�_. 100. to-7. p Z 1 L' 4 { 44 v x>ras ° ,,,._____ I 1 1 I FIIF trYOC ♦�rT I 1 ^ f 1 1 ' — — - ,ii N ' 89°-54'OC " _- - . 4Q.11 ` - -�;� .- - i 1 • VALLEY VIEW EXHIBIT "8" • G il �� COUNCIL MEMORANDUM F3RmBRs BRDncH From: The Office of the City Manager Date: June 29, 1983 Subject: AGENDA ITEM NO. C.7 PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NEW CAR LOT AND TAKE APPROPRIATE ACTION. REQUESTED BY EXCLUSIVE CARS FOR THE PROPERTY LOCATED AT 3340 BELTLINE ROAD IN A LIGHT INDUSTRIAL ZONING DISTRICT. EXPLANATION: The applicant has requested that this item be with- drawn from the Agenda:. See Attachment #1. RECOMMENDATION: The Planning &. Zoning Commission recommends to the City Council that the request be withdrawn. ACTION BY COUNCIL: 1. Motion that the request be withdrawn from the Agenda. PMW:TES:LH :tgd Attachments: 1. Information memo. 2. Information submitted by applicant. INFORMATION MEMO After receiving additional information from the Applicant at the June 27, 1983 Planning E Zoning meeting, the City Staff and Planning and Zoning Commission determined that a Specific Use Permit is not required for the proposed use since there will not be any outside display or storage of vehicles and no repair work done on site. PREPARED BY COMMUNITY SERVICES DEPARTMENT JUNE 29, 1983 INFORMATION MEMO 0 1 APPRAISAL OF COMMERCIAL BUILDING 3340 BELT LINE RD. FARMERS BRANCH, TEXAS APPRAISAL FOR CANYON CREEK NATIONAL BANK 333 W. CAMPBELL RD. DALLAS, TEXAS APPRAISED BY VAN G. THREALKELD, IFAS 1075 GRIFFIN STREET WEST DALLAS, TEXAS 75215 1 EXCLUSIVE EUROPEAN CAR MARKET Several factors contribute to the exclusivity of the European model automobile. Primarily it is its' unavailability and uncommonness in the United States market, which serves to enhance the prestige and appeal to the affluent buyer seeking a unique product. Which in effect, Exclusive cars of Dallas serves as an exclusive supplier of. As _a matter of course, certain mechanical and safety equip `` ment differences exist between the European models and their American counterparts, which influence distinction between them. Figuratively speaking, manufacturers export their products which are considered to be "middle of the raaders" by European standards. That is to say, the better performing and more luxurious models are retained by the manufacturers in large part for the European market. In elaborating further on the subject of "performance "; basically European models possess larger engine displacement, and conse- quently approximately 40, percent increase in horsepower. Thus, acceleration from zero to 50 is generally 30 percent better. Handling characteristics of the European models are also far superior. Suspensions areddesigned for more stability to oper- ate with theutmost control relative to the extremes encountered on the European roads and highways. These same extremes warrant safety features which are not available on American models (i.e. four -wheel disc braking system and optional anti -skid control features-- "A.B.S. or also known as "Automatic Braking 49 INFORMATION SUBMITTED BY APPLICANT 1 3y stem," to name a few) . In retrospect, all the aforementioned features and superb qualities found on the European model car, coupled with the fact that the auto is produced in limited quanties by the manufacturer, puts forth a product to the American marketplace which possesses strong self- selling points and a high value retention, all favorable to a prospective purchaser. xr 10 1 THE MARKET (SOURCE OF BUSINESS) Taking into account the exclusivity of the products, sales efforts will be concentrated upon the upper income populace ($40,000+ per annum and above) with special emphasis directed towards the professional individual ( i.e. physicians and medical professionals, attorneys, business executives in various of corporate ranks including highly compensated technical professionals in the engineering fields, and the afluent self - employed). The age group in consideration will vary but will be, generally speaking 25 years and above with no exdlusions given to gender or marital status. Under these groups, further isolation of the market will occur, with special sales efforts and considerations to be given to current owners of European make automobiles (Mercedes, BMW, Porsche, etc.). Factors to consider within the above mentioned group will include individuals who are considering acquiring a newer model or version of the car they presently own, or conver- sely speaking, individuals seeking to switch their preference from luxury to performance or vice- versa. Sales efforts will be directed also towards the owners of American made high priced luxury automobiles (i.e. Lincoln Continental, Cadillac, etc.) who are seeking an automobile with high value retention and prestige. An active executive automobile leasing program is to be pursued to service corporate and individual 1 1 accounts. The leasing service will be conducted through the Exclusive Cars of Dallas operation. In addition to the company's program, individual outside automobile leasing agencies will be actively contacted periodically. The outside leasing agencies will be made aware of the availability of European model luxury and high performance automobiles that can be included in their existing fleet. ,.e OPERATING CONCEPT Being that the automobiles to be procured are of European origin, they do not meet requirements set forth by the Depart- ment of Transportation and Environmental Protection Agency upon introduction into the, United States market. Therefore a conver- sion is necessary in both areas. The total process is carried out through Brown Motor Works, which possesses a complete in -house facility and personnel necessary to conduct the conversion. When the conversion is complete the automobile is then tested by an independent laboratory and thereby the result is approved/ disapproved by the EPA; whereas the safety and other modifications are approved by the DOT in Washington D.C.. A maximum of three weeks is the usual allotted time to execute the procedure. All conversions done by the company, are guaranteed to be free of of defects since the designs and modifications are pre - approved by the regulatory agencies. Above all, the manufacturer gives :a one year international warranty on such cars. In addition an optional three year extended warranty plan backed by a leading national insurance company is available to the customer which in g fact covers all mechanical parts malfunctions. Brown Motor Works has the service capabilities and facilities to honor such a warranty. Meanwhile, a bond (which is calculated at a four dollar per 1000 dollar value based on the procurement cost) remains in effect until the car is ultimately United States certified. This is a major requirement of United States customs 1 in order to import a nonconforming European automobile. Once procured, the automobile is then shipped by air freight to the continental United States, completely insured from the point of origin until arrival at the Dallas Fort Worth Airport, rendering non - existent risk to the merchandise. A "complete" and compre- hensive insurance remains in effect until the automobile is sold. 1 1 NEW PROFIT CENTERS With the intent to maximize profits and create added revenues in operations, the in -house conversion facilities would also contribute to the profits by rendering services to outside indi- viduals who are seeking conversion of the car locally. The legalities and technical aspects involved in the conversion process prohibit, to an extent, the individual from conducting the procedure himself. Therefore, this service is not only important but necessary as well. Furthermore, replacement parts will prove to be an important souce of revenue, because parts are tied into the quantity of autos sold and serviced. Consequently, as greater numbers of European models are sold, a greater auto part after market will be created. 1 1 GENERAL COMMENTS This study has been prepared to determine the viability of marketing and servicing a variety of prestigious and high performance European automobiles (European models not commonly supplied to the United States marketplace), in the Dallas and Fort Worth Metroplex area. Sales of these autos will be conducted through Exclusive Cars of Dallas and service will be conducted ,. through the existing Brown Motor Works facility located at 4908 W. Lovers Lane, Dallas. The Exclusive Cars of Dallas, Inc. will be solely owned by Patrick F. Brown (of Brown Motor Works), Jose Sigal and Dr. Pedro Nosnik ;a9 ■ 4 EXCIIJS IVE CARS OF DALLAS PRoFoRMIN FORECAST PROFIT & LOSS TWELVE MONTH ESTIMATION* INCOME $ AMOUNT PERCENTAGE Mercedes /BMW 8,460,000 100% Cost of goods sold 6,768,000 80% Gross Profit 1,692,000 Expenses 846,000 10% Net Profit 676,800 10% *20% yearly increase in sales is- expected in the coming years. EXCIEJSIVE CARS OF ItIONTHLY SALES MIX 1 (ONE MONTH ESTIMATION) MODEL /TYPE # UNIT AVG PRICE TTL.REV CONTRIBUTION 25% OF BMW'S 3 35,000 105,000 26,250 CEDES OF MERCEDES 15 40,000 600,000 150,000 18 TOTAL CONTRIBUTION 176,250 k)6 ( ' (n oi9e,) ( &c I-ku [LS 5 -(0 Mom 7-0‘4,0 ()') vJTed -tovL, E? `' dJe (t rJ o 0 P42�J t�(4/2 SP,JE� 5 (3) (�e�� -f CLe -v o E}ci en cvrk__. ct Leib sG,4j''�. CT! ()Se Of EX (5-T-t r. G g ( KJ S we ( kliA11105 C6 ( THE BUILDING 3340 BELTLINE ROAD Sill C. Dotson &Associates, Inc. 30 LBJ Freeway Suite 2195 illas. Texas 75240 Bill C t ;t o' N : Ai 4,387-4970 NP man L Arnhibaid. MA. SRPA Sun A >v ly 5, 1983 . Pat Brown 108 West Lovers Lane Alas, Texas 75009 : Appraisal of Speed Equipment World Property ( 3340 Belt Line Road Farmers Branch, Dallas County, Texas • rar Mr. Brown: on your request, I have conducted the investigations and analysis rcessary to form an opinion of estimated market value of the above ,scribed property. A final update of this report will be completed and ►rwarded to you shortly. rrket value is defined as the highest price, estimated in terms of mey, which a property will bring if exposed for sale in the open market lowing a reasonable time to find a purchaser who buys with full owledge of all uses to which it is adapted and for which it is capable being used.l merican Institute of Real Estate Appraisers, "The Appraisal of Real state" (Sixth Edition, Chicago: Author, 1973), Page 25. Real Estate Apprarsal and Counseling Services 1 1 [ certify that I have inspected the property appraised; that I have no interest, present or prospective, in the property; that our fee is not ;ontingent upon the value estimate contained herein; and I further cer- tify that it is my opinion that the estimated market value of the land and improvements as of May 5, 1983 was ;Ix HUNDRED THOUSAND DOLLARS ($600,000) the American Institute of Real Estate Appraisers conducts a voluntary Drogram of continuing education for its designated members. MAIs and RMs aho meet the minimum standards of this program are awarded periodic edu- rational certification. Bill C. Dotson is certified under this program through December 31, 1983. 2espectfully submitted, 3 C. DOTSON & ASSOCIATES, INC. OF it I 3i 1 C. Dotson, MAI 7ertificate No. 4574 -2- M QDERLYING ASSUMPTIONS AND LIMITING CONDITIONS L. The unencumbered fee simple title rests in the owner of record. 2. No responsibility has been assumed for matters legal in nature nor has any opinion been rendered as to title which has been assumed to be clear. 3. The legal description has been furnished by others and is assumed to be accurate. No survey has been made by the appraiser. 1. Any existing liens and encumbrances have been disregarded. 5. The information included in this report which was furnished me by others is assumed to be accurate. i. Possession of this report, or copies hereof, does not carry with it the right of publication nor may it be used for any purposes by any but the owner without the previous written consent of the appraiser and, in any event, only with proper qualifications. 7. The appraiser is not required to give testimony or attendance in court by reason of this appraisal, with reference to the property in question, unless satisfactory arrangements have been previously made therefor. 3. Exhibits and /or photographs in this report are included to assist the reader in visualizing the property. I. All analyses, conclusions and opinions concerning the property appraised were accomplished solely by the appraiser signing the report, unless otherwise stated. I. This report has been made in conformity with and is subject to the requirements of the Code of Ethics and Standards of Professional Conduct of the American Institute of Real Estate Appraisers of the National Association of Realtors. There will be an adequate supply of energy in the future. 1 QUALIFICATIONS Name: BILL C. DOTSON, MAI Residence: 7048 Gateridge Drive Dallas,, Texas 75240 Education: Battle Ground Academy - Franklin, Tennessee University of Tennessee - Knoxville, Tennessee Middle Tennessee State College - Murfreesboro, Tennessee 1959 - 1969 Kimbrough - Kavanaugh & Associates, Nashville, Tennehsee. Commercial mortgage banking. Last position held -- Vice President of Commercial Mortgage Department. Area covered -- southern United States; primarily Tennessee, Alabama and Kentucky. Partner, Tennessee Appraisal Company (Subsidiary of Kimbrough Kavanaugh), a fee appraisal company. Area covered — southeastern United States, primarily middle Tennessee. 1969 -1972 Regional Vice President, Redman Development Corporation, Nashville office, East Central region. Apartment development. Executive Vice President, Redman Development Corporation, Dallas home office. Area of responsibility - financing, land acquisition and planning of all apartment projects in twelve states. President, Redman Homes, Inc., single- family attached and detached housing. Started company in Dallas market. Responsibility was to start . the company and handle the marketing, land acquisition, financing and product development. Present President /Owner - Bill C. Dotson & Associates, Inc. Fee appraising and counseling. Partner - Dotson & Conger. Real estate service company, specializing in market /feasibility studies and development consultation. Professional MAI Member, American Institute of Real Estate Appraisers of the - National Association of Realtors. Local membership - North Texas Chapter No. 17, Dallas, Texas Affiliate Member - Greater Dallas Board of Realtors, Inc. Associate Member - Home and Apartment Builders Association of Metropolitan Dallas. Member - Real Estate Financial Executives Association Experience Primarily in fee appraising and counseling for individuals, housing authorities, condemning agencies, major corporations, universities and financial institutions; land acquisition and development, retail and apartment development, attached and detached residential development; mortgage banking. Experience in single - family residential, farms, sub - division land, office buildings, motels, hotels, hospitals and clinics, nursing homes, shopping centers, apartments, retail /commercial proper - ties, industrial properties, market/ feasibility studies, component depre- ciation and investment tax credit analysis. Qualified for court testimony. r Varioul Corporate and Institutional'C4entele Excluding Individuals and Attorneys Addison State Bank Graylor Investments American Transit Corporation Great Texas Development Annuity Board of the Southern Baptist Convention InterFirst Banks - Metroplex Atlantic Richfield Company International Investment. Advisors Bache Halsey Stuart Shields Inc. Irving Savings Association Benchmark Properties Jackson -Shaw Company Better Living Corporation Janus Homes Corporation Block Brothers Industries (USA), Inc. Lakewood Bank and Trust Braewood Development Corporation Main Street Developers Browning Homes Mercantile Bank of Canada Byrne Company Merrill Lynch Hubbard Inc. Cambridge Companies Inc. Midas Realty Corporation Camaro Development Company Mission Properties Centex Financial Corporation Mobil Oil Estates Century Bank and Trust Murray Investments Inc Century Partners Mutual of New York Life Insurance Co. Chase Manhattan Bank North Dallas Bank and Trust The Chasewood Company Pyramid Life Insurance Company Citizens Bank of Richardson Raldon Corporation Citizens National Bank of Dallas RepublicBank Dallas B. B. Cohen and Company Republic of Texas Savings Association Combined America Development Corporation Richardson Savings Association Commercial Credit Savings Association of the West Computer Language Research Scherer & Roller Inc. Continental Mechanical Corporation Shelton Development Dallas Federal Savings and Loan Association The Southland Corporation Dallas Independent School District Southmost Savings & Loan - Brownsville Dallas Land Development Company State Savings & Loan Assoc. Lubbock Dallas National Bank Surety Savings Association - Houston Dauley Enterprises The Swearingen Company Hank Dickerson and Company Terra Properties Inc. Dovenmuehle, Inc. Texaco Incorporated Equity Management Corporation Texas Bank and Trust Company Jack Eckerd Corporation Texas Commerce Banks - Metroplex City of Farmers Branch The Thomes.Corporation , Fidelity Savings and Loan Association The Travelers Insurance Company First Federal Savings & Loan Wichita Falls Triland International Inc. First National Bank - Grand Prairie Trinity Savings of Dallas First National City Bank in New York Trust Company Bank Atlanta First Texas Savings University Life Insurance Company Folsom Investments Univest Corporation Foster Financial Corporation Vanderbilt University Gibraltar Savings Watson & Taylor Investments Inc. Gill. Companies Wycliffe International Gladstone Associates Other institutions for whom appraisals were made as mortgage banker or fee appraiser as partner in. Tennessee Appraisal Company. Connecticut Mutual Life Insurance Company Metropolitan Life Insurance Company The Equitable Life Assurance Society of the U.S. New York Life Insurance Company John Hancock Mutual Life Insurance Company Northwestern Mutual Life Insurance Co. Life and Casualty Insurance Company of Tennessee Pilot Life Insurance Company Life Insurance Company of Virginia The Prudential Life Insurance Company Massachusetts Mutual Life Insurance Company 1 PROPERTY DESCRIPTIOt1 STATE OF TEXAS: COUNTY OF DALLAS: I, Jimmy V. Pogue, Registered ?'uhlic Surveyor No. 1722, do hereby certify that this plat was prepared from an actual and accurate survey of the land made on the grounds in April 1979, and correctly represents the location of the following descttbed property. Situated in Dallas County, Texas, bung part of Bio+ltk 1, Phase I, Brookhaven Buisaess Park, an addition to the City of Farmers Brandh, Texas, according to the plat thereof recorded in Volume 72004, page 2388, of the Deed Records of Dallas County, Texas, and being more parti- cularly described as follows; BEGINNING at a point in the south line of Belt Line Road, said point being 680.98 feet measured along the south line of Belt Line Road west of the west line of Enterprise Drive; THENCE in an easterly direction;. alone the south line of Belt Line Road (120 feet road) along a curve to the right whose radius bears South n degrees 46 minutes 50 seconds West, said curve having a radius of 5679.65 feet through a central angle of 1 degrees 27 minutes 48 seconds, a distance of 145.06 feet to corner; THENCE South 0 degrees 19 minutes West 322.97 feet to corner' THENCE North 89 degrees 41 minutes %lest along the center line of a 15 feet power and telephone easement 145.0 feet to corner.; THENCE North 0 degrees 19 minutes East 325.99 feet to Place of Beginning; and containing 47,095.38 souare feet // of l land . 46 (csVo4CX,,uwR3 / /���oTRNf A e'. A. Jiri AO SCALE /'" A A DATF: '/27 JOB# /r6'99Y' G.F.P 399/47 -- Jimmy W. Pogue, Registered Public Surveyor No. 1722 10234 Garland Road 328 -3104 Dallas Texas 75218 r _ ,. r F N x 4,-... 7 1*/ _ 1 •* OOOOOOO ti .. . ....,. . . . 1 ' l ,,,.. 1712 o 0 a �... _ Gist / ; L ' su ►2 U EYoie . S IUo7E i4r> st &o y l )4s Pi? coma) 410/06c wrrt4 - VI IA) 5lk. i u»t) Desc 4 DO to . P. '' 3 9c) 14 ! o F li tu., s 7i j , cols MANY 1 Sr OF Tt+rS sut 0Zy Fog fray oYtf a AIR 10..6 ak 8Y Ortoc PAR7 sff41.t. BE 4 f Rr K 410 D U 406 4 SzG) Ce I poi kE l ido , h - )5 7D oTNQes Fa 400 t0 `. Ra LI.Ju , T ti - e" 46 . 1 B EL T Li.dF RDwo N( /S G/rY Ciry �S-": � p , 6 ilk N • ' V • � ' .'sue e�• • •; 0► • �3. p • t. A� d 140 .,re A w p N A M � F3 � iii. o VAN G. THREALKELD i AND ASSOCIATES REAL ESTATE APPRAISERS & CONSULTANTS AREA CODE 214 565.9991 1075 GRIFFIN STREET WEST DALLAS, TEXAS 75215 April 7, 1983 Canyon Creek National Bank 333 W. Campbell Rd. Richardson, Texas Attn: Mr. Peyton Cooper, Pres. Re: Appraisal on property located at 3340 Belt Line Rd., Dallas County, Texas Dear Client: Pursuant to your recent request, we have inspected and investigated the real estate known as: 3340 Belt Line Rd., Farmers Branch, Texas Part of Block 1, Phase I, Brookhaven Business Park, Farmers Branch, Dallas County, Texas and submit our report. The purpose of this inspection and investigation was to appraise and express an opinion of Fair Market Value on the subject real estate. The enclosed report defines Fair Market Value and described the method of approach, and contains data gathered during the investigation As a result of the inspection and investigation of the subject property, a study of the neighborhood, the city and the trends, it is our opinion that the Fair Market Value of the subject property as of April 5, 1983 was: SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000) It has been a pleasure preparing this report for you, and if you have any questions about the report, please call us. Respe f , Van G. Threalkeld, IFAS Appraiser 1 1 TABLE OF CONTENTS DEFINITION OF THE PROBLEM 1 REGIONAL ANALYSIS 2 DALLAS METROPOLITAN AREA MAP 4 NEIGHBORHOOD ANALYSIS 5 PHOTOGRAPHS OF SUBJECT PROPERTY -- 7 DESCRIPTION OF SUBJECT SITE 10 SITE PLAN 12 LAND VALUE 13 MARKET DATA LOCATION MAP (LAND) 15 DESCRIPTION OF THE IMPROVEMENTS 16 FLOOR PLAN 18 COST APPROACH 19 MARKET DATA APPROACH 20 MARKET DATA LOCATION MAP 22 INCOME - EXPENSE AND RATE ANALYSIS 23 INCOME APPROACH 25 CORRELATION AND FINAL ESTIMATE 26 APPRAISER'S CERTIFICATION 27 LIMITING CONDITIONS 28 QUALIFICATIONS OF APPRAISER 29 1 DEFINITION OF THE PROBLEM Si EJECT PROPERTY: The property which is the subject of this appraisal, consists of a one-story commercial building containing approximately 7,550 square feet of area, situa- ted on a slightly irregular shaped site containing approximately 1.08 acres (Approx. 47,095 S.F.) of land. . Approximately 1/2 of the subject site is, in the opinion of this appraiser, ex- cess land and will be treated as excess land in the valuation sections of this report. PURPOSE OF APPRAISAL: The purpose of the appraisal is to estimate the Market Value of the subject property (land and improvements) as though individually owned under prudent management, and responsible ownership. MARKET VALUE DEFINED: Market value as used in this report is defined as the highest price estimated in terms of money which the property would bring when offered for sale in the open market, allowing a reasonable time to find, a purchaser who buys with a knowledge of all the uses to which the property is adapted and for which it is capable of being used, it being further assumed that neither the purchaser nor the seller were acting under any compulsion or necessity to buy or to sell. FUNCTION OF THIS APPRAISAL: This appraisal is being prepared for mortgage loan purposes, for the Canyon Creek National" Bank, Richardson, Texas. If this appraisal report, or any part thereof, is used for any reason, by any other person, persons,company, corpora- tion, agency, or any entity whatsoever, it is null and void in its entirety, and the appraiser will be absolutely held harmless. PROPERTY RIGHTS APPRAISED: The appraisal is of the Fee Simple Interest of the subject real estate. No sonal property, shop office equipment or business goodwill is included in this value estimate. DATE OF APPRAISAL: The effective date of this appraisal was April 5, 1983. 1 r REGIONAL ANALYSIS The Dallas -Fort Worth metropolitan region is most adequately described in terms of standard metropolitan statistical areas. In 1973, the Dallas scan- dard metropolitan statistical area (hereaftec SMSA) and the Fort Worth SMSA were combined and three `additional counties were added. Total counties in the Dallas and Fort Worth SMSA at the present time is eleven. The area is made up of Dallas, Tarrant, Denton, Collin, Rockwall, Kaufman', Ellis, Johnson, Hood, Parker, and Wise Counties. This area covers approximately 8,360 square miles. The cities of Dallas and Fort Worth, located about 35 miles apart in the north central portion of the State of Texas, currently form the largest concentration of people in the Southwest United States. The population of this economic re- gion (SMSA) is currently estimated at over 3.2 million people. The reader is referred to the "Metroplex Map" following this section of the re- port for a graphic description of the Dallas-Fort Worth population and economic area. The Dallas -Fort Worth (hereafter D /FW) region has exhibited very strong econo- mic and population growth since the end of World War II. During the current economic trend throughout the Unites States, the unemployment level in the D /FW SMSA has been generally lower than in most areas of the country. The reason for these better economic conditions is the region's rather widely Varied economic base. The D /FW area is a banking and finance center, an industrial area with major manufacturers such as General Motors, Bell Helicopter, LTV, to name but a few. It is an entertainment center for much of the Southwest with major league football and baseball teams, a major entertainment park in Six Flags over Texas, and excellent restaurants and night clubs. The area is a distribution center for much of the Southwest and is the location of the nation's largest airport. The D /FW region is the home of over 200 life insurance companies with total as- set's of S25 billion. It is a computer electronics center. It is a major con vention center, ranking No. 3 in the nation. Obviously, the D /FW SMSA has a very broad economic base. The chart on the fol- lowing page helps demonstrate some area characteristics. (cont.) 2 .6 1 r REGIONAL ANALYSIS (continued) 2 i.12 1 �r° AGR'Cu ILPAL ,�l ,)�) . I 1�<<.��; EMPLOYMENT 11 fr:C�`� FETAL SAES S�0 i i (AG ed for (Adiustec 1: • � bI On) 1 22 11 1 l 1.520 j I l i 1 t I 1982: 1983 1984 34; 21 r 4 j 10 j ( 1 corn) MANUT-ACTUR',NG F i , ! t f EMPLOYMENT 1 ` i { � ! 1 1982 ' 1983 1 1984, l 1 , 982' 1983 1984 ` 1982 1983 1964 The Dallas Morning News: Mark Smtth Population growth trends in the area are in line with the above statistics. The D /FW SMSA is among the nation's twenty largest SMSA's. It is ranked No. 9 at the - present time. It ranked second in population growth during the - period of 1960 to 1970, with 27.8% growth during the 1970 to 1981 period grow- th equaled 27.0 %. Aiding the area is the New Dallas -Fort Worth Regional Airport. This air har- bor, completed in January of 1974, is the largest commercial airport in the nation. Located, midway between the two primary cities, the airport was con- structed on an approximate 20,000 -acre -site at a cost of almost $700 million. I't will play a dominant part in the D /FW Metroplex becoming a world trade center, and its impact on area economics and real estate is almost unmeasur- able. Consider that the total direct and indirect economic impact of the airport, measured in dollars, on the regional economy was estimated at $636,714,898 for 1979. Conclusions: The Dallas -Fort Worth SMSA has exhibited strong population and economic growth trends in the recent past and should continue to exhibit such trends in the future. Demand for virtually all types of real estate in the area has been good for many years and is expected to remain good in the reasonable future. The region presents an excellent economic "climate " for all types of commercial investment, and most families consider the area a desirable place to -live and rear families due to the good schools, good climatic conditions, and available entertainment facilities. 3 M 1 i DALLAS METROPOLITAN AREA : COLLIN 1 • COUNTY `` `k , I .. •1 1 rya _ y o _ t - i 1 M '� r V 1 1 i t * cou I I / 1 4 i i V II WA NT4 i 1 , ;'. J . i _ i /si ,...,f, .'. ,1 °..• i i ° ..• Wta Y DALLAS - > -. ` 1 •% cou ry 1 � !./..— _ 4 E / ` % • 7 ELLIS 1 ! ■ • . COUNTY / Rau sry L / COUNTY J .y LEGEND COMPLETE UNDER CONSTRUCTION . VAN G. THREALKELD REAL ESTATE APPRAISER & CONSULTANT 4 __ 1 1 NEIGHBORHOOD ANALYSIS GENERAL INFORMATION: The subject area includes a part of several cities, those cities being Dailas, Farmers Branch, Carrollton and Additon, located in the northern section of Dallas County, Texas. The subject property is positioned along both sides of a dominant east -west traffic artery. This traffic artery is known as Belt Line Rd., and is a do- minant trafficway throughout the area. Belt Line Rd. intersects with I.H.35 approximately 3 miles west of the subject site, which affords high speed, ground level transportation to most all parts of the metropolitan area. For the past few years, the subject area has been one of growth and expansion. Land in the neighborhood is approximately 35% to 40% built -up at this time with several medium -to -large vacant tracts available for sale. The area displays a combination between commercial, retail and industrial uses, with newly constructed commercial and retain establishments noted at the time of the inspection. NEIGHBORH00D DEFINED: The appraised neighborhood is a relatively long, strip type neighborhood which fronts along both sides of Belt Line Rd. The subject commercial, retail and industrial neighborhood bounds this trafficway along both sides and extends from about Dallas Parkway on the east to I.H. 35E on the west. The reader is referred to the various maps in other sections of this report for a- visual description of the neighborhood and its boundaries. TOPOGRAPHY: The neighborhood topography is gently rolling, with a gentle roll toward the various creeks that drain the neighborhood area. The neighborhood area appears to have fairly good topography with little or no developmental problems which would arise from topographical features. Area maps indicate no flood plains of consequence located within the subject area, which would create hazard from flooding or serious drainage problems. ACCESSIBILITY: Belt Line Rd. is one of the major East -West streets in the subject area. The County of Dallas is currently in the process of upgrading this street from a two -lane to a boulevard type street. This improvement will facilitate access to the neighborhood and generate addi- tional commercial and retail development along Belt Line Rd. 5 NEIGHBORHOOD ANALYSIS CONTINUED ZoNINQ Zoning in the neighborhood is restricted for use as commercial, retail and industrial The majority of the land area is zoned the same by the Cities of Dallas, Farmers Branch, Carrollton and Addison, Texas. HAZARDS OR NUISANCES: No hazards or nuisances such as vibrations, odors, smoke, fog or smog were noted as being prevalent in the subject neighborhood. No encroachments by undesirable users were observed and none are antici- pated due to the zoning regulations of the Cities of Dallas, Farmers Branch, Carrollton and Addison, Texas. SUMMARY: The subject neighborhood is presently about 35% to 40% developed. Market activity appears to be increasing, with new commercial, retail, and indus- trial construction noted. The location of the subject neighborhood along Beit Line Rd. offers good accessibility to business and residential areas within the cities of Dailas, Farmers Branch, Carrollton and Addison, Texas, as well as benefitting from the business and traffic generated from the various interstates located in close proximity. 6 PHOTOGRAPHS OF SUBJECT PROPERTY wro -Tana ._. t � L a:** *1:' • w�► • sr!. • • r • Front & Side Views of Subject Property PHOTOGRAPHS OF SUBJECT PROPERTY Rear View of Subject Building N ANA ii. View of Excess Land of Sub Property 8 .. 1 1 PHOTOGRAPHS OF SUBJECT PROPERTY t ; • w ee - ; , Looking West Along Belt Line Rd. Subject At Left F' , - ..„.,.,, ... .., .... . . _ 1 ,.. . -, , _ ., ...A , .. _. ......._ „..,:____..,,_.....,.. ..... ...,,„..„,.......___ ______.. ..„.„ , _,„ pp.-- - __ , _ _ , 1 «.« T Look Easterly Along Belt Line Rd. Subject At Right 9 DESCRIPTION OF SUBJECT SITE SIZE AND SHAPE: As per the Dallas County Plat Books, the subject tract contains approximately 1.08 acres, or approximately 47,095 square feet of land. This tract of, land is slightly irregular in shape with approximate dimensions of 145.06 feet by 322.97 feet by 145 feet by 325.99 feet. In the opinion of this appraiser, the subject tract of land constitutes two economic sites, one, of which is currently improved with the subject building, and other being excess land. ACCESS: The subject property has a relatively long, 145 foot frontage along the south side of Belt Line Rd. As stated in the neighborhood analysis section of this report, Belt Line Rd. is a dominant east -west trafficway within the subject neighborhood. This traffic artery intersects I. -35E approximately 3 miles west of the subject tract, and has link -ups with most other major freeways within the Dallas -Fort Worth Metro- politan Area. These link -ups afford high speed, ground level transportation to all parts of the metropolitan area. The frontage of the subject property is approximately two feet below the elevation of Belt Line Rd. which it fronts. The County of Dallas is currently in the process of upgrading Belt Line Rd. from a two -lane to a boulevard type street. This improvement will facilitate access to the subject site and generate additional development along Belt Line Rd. TOPOGRAPHY: The subject property is basically level terrain with elevation differences from the-high point to the low point of approximately 1 foot. This property gradually slopes from the southeast corner toward the northwest corner and has enough slope to facilitate' good natural drainage. No topographical features which would prevent the continued, current use of the subject site were noted by this appraiser According to the HUD Flood Plain Map, the subject site is not in a designated flood plain area. HIGHEST AND BEST USE: The highest and best (most profitable) use of a property has been defined by the Society of Real Estate Appraisers as: (cont.) 10 •' DESCRIPTION OF SUBJECT SITE CONTINUED "that use which at the time of the appraisal is most likely to produce the greatest net return to the property over a • given period of time ". The two most important phrases in the above paragraph are "net return which means whatever is left over after all costs are deducted from gross yield, and "over a given period of time," which is usually taken to mean the typical period of ownership for the type of property invol- ved. As discussed previously in this section and in the "DEFINITION OF THE PROBLEM" section of this report, it was the opinion of this appraiser that the subject property contains more land than needed for current improvements. It is the further opinion of this appraiser that the economic site which contains the subject improvements should consist of approximately .64 acres of land and that there is currently approximately .44 acres of excess land. In my opinion, the highest and best use of the economic site is for con- tinued use as a sales and service facility, for which it is currently improved and that the excess land be held in anticipation of future capi- tal gains *NOTE: Please refer to "PLOT PLAN" and "PHOTOGRAPHS OF SUBJECT PROPERTY" for a graphic description of the subject tract. 11 SITE PLAN 8.. , —! R Of" o i∎ w! •■ I a. 't7 ✓/' %. 4.79 ff ' .• /If OP -.,,,,..../4 ■ - N t M 4, . N 0..' $ -,. 4 v LA�+u! ( !. I • da 1... [..., ht ° n ` It I 4 H ,-.... a f t t y ,+, 3 0 . • [ ' ' ' ' .....i I 1 '' 4 I ........../ 67,...........r 12 i LAND VALUE The lad value estimate consists of comparing the subject whole site as though unimproved and ready for immediate development with recent sales or current offers of similar properties in the immediate neighborhood or other similar neighborhoods. . Variation in, the market necessitates proper adjustments to the sales and offer- ings in order to compare them properly with the subject site. From a search of the County Records and an investigation of market transactions in the subject area, three land sales were found. The following is a list of the market transactions selected for comparison with the subject site. SALE NO. 1 Grantor: Centre Development Corp. Grantee: Apple Computer Date: 7/81 Location: W side Marsh Lane, 150' N. of Belt Line Rd. Sales Price: E- 239,580 S.F. @ $7.50 /SF Verification: Appraisers Files Analysis: Upward adjustment required for time, Down- ward adjustment required for size and location Indicated value for the subject was $7.30 /S.F. SALE NO. 2 Grantor: Wos Construction Co., Inc. (Bill Spain) Grantee: Kenny Marchant Date: 12/82 Location; E/S Metro Dr. 430' N. of Belt Line Rd, Sales Price: E- 51,008 S F @ $5.00 /S.F. Verification: Grantee Analysis: Upward adjustment required for location & utility. All other factors aPPear near equal. Indicated value for the subject was $6.80 /S.F. 13 i 1 LAND VALUE - CONTINUED SALE NO. 3 Grantor: Centre Development Co., Inc. etal • Grantee: Belt Line/Addison Assoc. Ltd. Date: 1/83 Location: 1)NWC Belt Line Rd. & Commercial, Dr. also fronts S/S Realty Dr. & E /S/ Business Ave. 2)NEC Belt Line Rd. & Commercial Dr. also fronts N/S Realty Rd. to S /S/ R.R. Sales Price: E- 890,183 S.F. @ $6.50 /SF Verification: Grantor: Analysis: Upward adjustment required for topography. Downward adjustment required for size. Indicated value for the subject was $7.75/SF After consideration of the information gathered during my investigation, and after my study of the market data, the subject land, the neighborhood and the trends, it is my opinion, that the market value of the subject site was: 47,095 SF @ $7.50 /SF = $353,212. (Rounded To) $353,200 Allocation: As discussed in previous sections of this report, the subject site contains some excess land. In the opinion of this appraiser, the front .64 acres or about 27,878 sq. ft. constitute the economic site for the current subject improvements with a value allocation of $255,200. The remainder of the subject site then, would be excess land with a value allocation of $98,000. LAND VALUE ESTIMATE $353,200. 14 1' 1 1 MARKET DATA LOCATION !' LAND 1 1 1 1 `. 4 6 R' 8I 9 1 10 1 .11 1 12 13 1 14 , DALLAS CO — A \ oo NCH RICHARDSON ® ®® r ' SAcHSE A COPPEII - Th r ift . la ‘ ,‘,-,7, ° : 4 ' ,Q Mani B Nrrt ', F pP± B laff n � .�.. _ BRAN l.t y • � • 40�,PSIV' 111111 - ROwIETT , + C *' is® ®®`?� ,rg® ®® GARLAND \_ ---- \' C bp. „I, t` f, `' ®® 'S ®g1 ■ ®,I �® ^ . r 1 � - - D ' y £ , ,gyp i®11 f ou'!a D ®� UN PSi :. ` / r ' FAR"' lltf Ray - E '� s � �' n � E y y ". ♦,r = N;. CARPENT . w ,,. . love rie'' ®�n - O ♦ b 4 ® PAP . ...,.:i-. 3 f' 1,,,,, ii A l\• t . ' HO RNTO H f ® ,,. SU r+r+ri AlE ir P ■ GRAND ` ►���► MESQUITE G PRAIRIE = ® ■�� � � ism _____„....______ _ i H DALLA: OR1 WORTH TiK ® _ is 44. A ' NI= 111rd H I . -.. .- ` .:- T ® ® ®. �I % •, ...to, 17 I 1®�14 DALLA ®, SPRINGS I ® 1 f 1 rs) . _ I DUNCANVIIIE v��4 } -. iJ ` J ` HUTCHINS 1 K _ �P ® � � 'OHH y ~ FR SE L o t ��°. NNW L 41 u >a ,....4 ®i DE SOTO ',7 M Q j CEDAR r;,�. ® ® ® ® lipPill LANCASTER P / M 0 M P W4M N I ,, 3 N 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 7 9 1 10 1 11 1 12 1 13 1 14 15 DESCRIPTION OF THE IMPROVEMENTS GENERAL Subject property is a commercial building which contains approximately 7,550 square feet of building area. This building has a finished office, showroom, and storage area of about 3,580 square feet. These, improvements are currently in average condition with some physical depre- ciation which will be discussed in the following sections: The photographs and floor plans are included in this report to reflect the na- ture of the subject building. CONSTRUCTION DETAILS ARE AS FOLLOWS: Foundation: Reinforced concrete slab. No settlement was noted during the inspection, and appears.ade- quate to support the subject structure. Walls: • The exterior walls of the subject are of mason- ary construction. A portion of the front of ' the subject building has a western type facade • which is adequately constructed. The subject building includes 3- overhead doors ranging from 10' to 12' in height. Roof: Built -up tar & gravel. Water drainage is ac- commodated through galvanized steel eave gut- ters and downspouts. Finished Area: Approximately 3,580 square feet of this build ing's area is finished area. This area is fin - ished and decorated as office- showroom space and as some storage and restroom space. Walls in this section are constructed of studs placed 24 inches on center and the wall material is drywall. Ceilings consist of accoustical tile in exposed T grids spaced 24" by 48" on center. Floor coverings in the office- showroom area con sist of commercial grade carpet and vinyl tile. Restrooms: The building is equipped with two (2) restrooms Restroom facilities include adequate water closets and lavatories to service a commercial structure. Walls and ceilings in these areas are sheetrocked/ textoned and painted. Mechanical: The building is equipped with adequate heating and air conditioning for the office and sales floor area complete with insulated duct work, ceiling registers and return air grills. (cont.) 16 # 1 DESCRIPTION OF IMPROVEMENTS - CONTINUED McLhanical : (cont.) Plumbing appears adequate to service the sub - ject building. The current electrical service appears adequate, with interior flourescent lighting in finished area. Exterior security lights. Parking Areas: Parking areas include asphalt and rock - topped area together with adequate concrete approaches and walks. This parking area appears adequate to service the subject building. DEPRECIATION: Observed curable physical depreciation and deferred maintenance was estimated by the cost to cure method at $2,500. Incurable physical depreciation was estimated by the age -life method at $10,339. The total physical depreciation is therefore estimated at $12,839. Functional curable and functional incurable obsolescence (primarily design in the floor plan) which would cause rent loss, resulted in a loss in value estimated at $9,800. Belt Line Rd. in front of the subject site is currently in the latter stages of construction (being widened into a 6 -lane blvd type thoroughfare). Temporarily (for about the next two months) this may have a negative effect, however the permanent effect should be positive. In my opinion, the construction has no per- manent negative effect on the subject site, and therefore no economic obsolescence was charged to the subject. All observations were made from visual inspections from ground level. It would require the services of a registered, certified property inspector to qualify the conditions of the plumbing, foundation, electrical fixtures, etc. of the building. ECONOMIC LIFE: The remaining economic life of the subject property is estimated at 35 years. 17 1 1 rLuorc rLH,V 2 '• CZ) _ /../ ' C . ,. i . i - a: - t 4t - cam. - / �J -- • ,, ,� , 1 ,1 II l I 11 I 4 Ic I. ;, i 1.... , • f I 1 / ! r J II '\'''''' : 1 . . ... 1 ,......4 17 _, r 1 ...7 7:1 __IL_ ..... i _ L oey _ _ __ ft I I . • II -- - ..-.... = - - - - -_ — :::J s ....- - ,,,f,o "..;..... —.1.G.=..■-• X ---- ■-•,- : e••••.° --- ' 1 ,‘„, 1 I, 1 p `, • • I o - r1— -- ( r • I _: ,,f -. , s f i ,-F _,_ ,� 3 f ., ti: I • a - • ,. I I ,I r 1 ! C _ -._¢ p s i � ,t ,_ w i D 1 !I • • l , ' II 1 1 ' I 1 _� r 0 ;, fl r• 1 ' I I 1 ,■ ?Y - ; 12 I u I' = ! �1 h U ; L'' ;� I . 1 1 .I i II • 18 COST APPROACH H C GENERAL: The Cost Approach in appraisal analysis is based on the proposition that an informed purchaser would pay no more for the cost of producing a substitute property with the same utility as the subject property. . Reproduction cost is the cost of construction at current prices of an exact duplicate or replica using the same materials, construction standards, design; layout, and quality of workmanship as the subject. COST JUSTIFICATION: Cost figures for the subject are from file data and contractor interviews,and were verified by Marshall Valuation Service Cost Manual (Section 13„ Page 14), with locational and time modification. Depreciation figures were previousl y estimated in the Description of Improve- ments section of this report. REPRODUCTION COST NEW: Building Shell 7,550 SF @ $39.42 = $297,621 Finished Area (Included Above) Concrete Walks & Curbs Unit 1,800 Asphalt,Gravel Parking Unit 24,000 TOTAL COST OF IMPROVEMENTS: $323,421 LESS ACCRUED DEPRECIATION: Physical $12,839 Functional 9,800 Economic -0- 22,639 DEPRECIATED COST OF IMPROVEMENTS: $300,782 PLUS LAND VALUE: (Economic Site) 255,200 SUB TOTAL $555,982 (Excess Land) 98,000 $653,982 (This Rounded To) $654,000 INDICATED VALUE BY COST APPROACH $654,000 19 11 1 1 MARKET DATA APPROACH this approach produces an estimate of value by comparing the subject property to sales and /or listings of similar` properties from the same neighborhood or from competing neighborhoods. This technique is used to indicate the value established by informed buyers and informed sellers in the market. Proper ad- justments are applied to the sales and offerings to compensate for variations between subject property and the comparable. The market transactions listed below were investigated and selected for compari- son with the subject property. SALE NO. 1: Grantor: Hugh N. Canady Grantee: Carrollton Tire & Auto, Inc. (D.Pharris) Date: 2/81 Location: E/S Josey Lane, 120' N of Crosby Rd. (1405 Josey Lane) Verification: Appraisers Files Sales Price: E -4,200 S.F. @ $63.09/SF, or a total of $265,000 Analysis: Upward adjustment required for time, build - ing size and quality. Downward adjustment required for land size. Indicated value for the subject was $71.50 /SF SALE NO. 2: Grantor: Lasting Products, Inc. (Gerald G.Blankemeyer) Grantee: John Boswell Date: 1/83 Location: 1700 IH 35E Verification: Grantee: Sales Price: E -6400' SF @ $68.69/SF or a total of $439,650 Analysis: Upward adjustment required for building size and condition. Downward adjustment required for location and land size. Indicated value for the subject was $73.20 /SF (cont.) 20 I I MARKET DATA APPROACH CONTINUED .ALE NO. 3: Grantor: Southern Savings & Loan Assn.(James P.Briscoe) Grantee: Ronald A. Hellstern, Tr. Date: 7/82 Location: NWC Pearl St. & Josey Lane Verification: Grantee Sales Price: E -6,200 SF @ $100.80 /SF or a total of $625,000 Analysis: Upward adjustment required for land and building size. Downward adjustment required for condition. Indicated value for the subject was $76.00/SF ANALYSIS: The indicated value of the subject property ranged from $71.50 per square foot to $76.00 per square foot. About equal weight was given to all three sales. In my opinion, the indicated value for the subject property by this approach was $73.00 per square foot. Therefore, 7,500 /SF X $73.00 /SF = $551,150 Plus Excess Land 98,000 $649,150 Rounded To $649,000 INDICATED VALUE BY MARKET APPROACH $649,000 21 1 f MARKET DATA LOCATION MAP 1 11 3 4 5 6 7 8 9 10 11 12 13 14 ---- --- - - - `- - --- SA 4 DALLAS CO A dd RiCHARDSON riot . .0- COPPEII CARROLLTON , q K B Nn.r �.y R ` , • •1 1- _.t M. k 11 lsMh e 'R4NGN B . (. 1117 ,, .0 — ban I igai r = -Llim. ,.®®ig GARLAND , C ''. ' ' klb■ i 1 I V. P A ll tir . 10 4 ...,_ . , „ blitolzimor ' , ,,, .:. , ---- . L D A . ., UN V R SIT 1 A . IRVING NONNION �. lil r .,.., u..e !� SUNNWAEE G ` � MESQUITE GRAND ` 1 ® �` - h G ;, PRAIRIE = ® ® ®A � �11�� — H DAl \P$ -TORT WORls 1Pl( _�� ® 1111111 1 ►--�� H MI I ... C i re,„ Isom®r gip, r soil. I 7 1 Le SALCH . SPRINGS J' E 1 ,1111.4 1 J f •.. �1 1 ._ DUNCANVILLE 0 '" 1 i ' K HUTC NINS ■. � D SO~ ``` V ��A. = ® NN SEA,GOV4LE A L o s T to `� a d A is DE SOTO /j L yi J 1 CE DAR Na, Q WRMER 1 o M HEIGHTS \ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 22 1 INCOME= EXPENSE AND RATE ANALYSIS ANNUAL GROSS INCOME: A study of rentals for near comparable commercial space in the subject area and other competing neighborhoods of D a l l a s , produced rental rates ranging from $9.00 per square foot to $14.00 per square foot. Analysis of these rentals with considerations to location, design, condition, and tenant strength indicate a market rental for the subject of`$1O.50 to $11.25 per square foot. The leasable area for the subject property was calculated to be 7,550 square feet. The annual gross income for the subject property is calculated as follows 7,550 X $10.75 /SF = $81,162 VACANCY & COLLECTION LOSS: Market investigation and an analysis of vacancy and collection losses, for commercial space, in the subject neighborhood and in one other competing neigh- borhood, indicate a vacancy and collection loss of 2% of the gross annual in- come. For the subject property, :this was calculated at $1,623 per year. EXPENSES: Taxing entities having jurisdiction over the subject property include City, School, County and State. The total tax assignment to the subject property was estimated at $3,900. The annual increment for insurance was estimated at $1200. Interviews with area investors and real estate managers, dealing with current management fees, yielded a figure of 2.5% of the Effective Gross Income. For the subject, this ;is calculated to be approximately $1,988 per year. Supplies and miscellaneous costs on the subject property were estimated annual- ly at $300. Reserves for replacements, and maintenance on the subject improvements were estimated at $400 per year. Then, the total estimated expenses for the subject property is estimated at $7,788. (cont.) 23 INCOME- EXPENSE AND RATE ANALYSIS- CONTINUED CAPITALIZATION TECHNIQUE: Direct Capitalization is the conversion of anticipated net income into present value by dividing the income by an appropriate rate which refiects the prevail- ing relationship of net income to value. Direct capitalization for land utilizes the discount rate, while direct capital- ization of land and improvements combined uses an overall rate. *NOTE: The above income, expenses, rates, method and techniques will be utilized in the "INCOME APPROACH, which is the next section of this report. 24 1 I INCOME APPROACH The income approach is that procedure in appraisal analysis which converts anticipated benefits, to be derived from the ownership of the property in- to a value estimate. The income approach is widely applied in appraising income- producing properties. Anticipated future income and /or reversions are discounted to a present worth figure through the capitalization process. ANNUAL GROSS INCOME $ 81,162 LESS VACANCY & COLLECTION LOSS @ 2% 1,623 EFFECTIVE GROSS INCOME $ 79,539 LESS EXPENSES Taxes $3,900 Insurance 1,200 Management 1,988 Miscellaneous 300 Maintenance and Reserves 400 $ 7,788 NET OPERATING INCOME $ 71,751 DIRECT CAPITALIZATION: The Formula Is: NET INCOME OVERALL RATE THEN: $71 ,751 .13 $551,930 + Excess Land = 98,000 $649,930 (This Rounded To) $650,000 INDICATED VALUE BY INCOME APPROACH, $650,000 25 CORRELATION AND FINAL ESTIMATE '7, ,t.perty appraised is a one -story commercial building containing appro- xirnately 7,550 square feet of building area and is situated on a tract of land containing approximately 1.08 acres. Subject property is located at 3340 Belt Line Rd., Farmers Branch, Texas. • Subject site is a large, slightly irregular shaped tract of land, which in my opinion, contains two economic sites. One of these sites is currently improved with the subject building and the other portion, approximately .44 acres, was considered excess land and was treated as excess land during this appraisal. All three of the usual appraisal approaches to value have been considered on the subject property. The indicated value for the subject property by the three approaches are as. follows: COST APPROACH $654,000 MARKET APPROACH $649,000 INCOME APPROACH $650,000 Reproduction cost figures, which were used in the cost approach, were authen- ticated by both national and local sources. Depreciation figures were esti- mated after a close inspection of the subject building and the subject neigh- borhood. Data for use in the market approach was gathered from the subject neighborhood and from other competing neighborhoods. All improved sales, which were used in this report are sales of commercial buildings that were similar in type and character to the subject. The indications are that most probable purchasers for property of the subject size and type would heavily consider the income and market approaches in ar- riving at their decision. After considering the data in this report, it is my opinion, that the market value of the subject property as of April 5, 1983 was: SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000) Respe tfully_pb itted, / -1 „. /21, , ) Van G. T real kel d , ' IFAS Appraiser 26 1 1 APPRAISER'S CLRT1FICATION The undersigned does hereby certify that except as otherwise not in this appraisal " report: 1. I have personally inspected the subject property. 2. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 3. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 4. The amount of my fee is not contingent upon reporting a predetermined value or upon the amount of the value estimate. 5. To `the best of my knowledge and belief the statements of fact con tanned in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct. 6. This appraisal report sets forth all of the special and limiting con - ditions (imposed by the terms of the assignment or by the under- signed) affecting the analyses, opinions and conclusions contained in this report. 7. This appraisal report has been made in conformity with and is subject to, the requirements of the Code of Ethics and Standards of Professional Practice and Conduct of the Society of Real Estate Appraisers and the National Association of Independent Fee Appraisers. 8. No one other than the undersigned prepared the analyses, conclusions and opinions concerning real estate that are set forth in this appraisal report. , . 2 (i' 7 I f I) . i f Van G. Threalkeld, IFAS Appraiser 9 ''Jan Q. Roebuck, Associate 27 1 1 LIMITING CCNDITIONS This appraisal is subject to the following limiting conditions The legal description furnished me is assumed to be correct; I have made no survey of the property and assume no "respons ibility in connection with boundaries, encroachments, and -other such matters. I assume no responsibility for matters legal in character, nor do ,I render my opinion as to the title which is assumed to be good. Any existing liens and encumbrances have been disregarded; the property is appraised as though free and clear, and under responsible ownership and competent management. The sketch in this report is an approximate ground plan of the property which, with photographs, is included to assist the reader in visualizing the property. Possession of this report, or any copy thereof, does not carry with it the right of publication, nor may the same be used for any purpose by any but the applicant, without previous consent of the appraiser or the applicant. In any event it may only be used in its entirety. Neither all nor part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without the written consent and approval of the author. Particularly as to valuation conclusions, the identity of the appraiser or firm with which he is connected, or any reference to the National Association of Independent Fee Appraisers or the I.F.A.S. designation. The appraiser, herein, by reason of this appraisal, is not required to give testimony or attendance in court at any governmental hearing with reference to the property in question, unless arrangements have been previously made thereof. The fee for this service will be $250 per day, or any part of a day. - Payable in advance. The values for land and improvements as contained in this report are the constituent parts of the total value reported, and neither is to be used in making a summation appraisal by combination of values created by another appraiser. Either is invalidated if so used. The current purchasing power of the dollar is the basis for the value re- ported. I believe to be reliable the information identified with this report as being furnished by others, but I assume no responsibility for its accuracy. 28 1 VAN G. THREALKELD AND ASS 1 CIATES REAL ESTATE APPRAISERS & CONSULTANTS AREA CODE 2)4 - 565 -9991 1075 SouTM GRIFFIN. SUITE 105 DALLAS. TEXAS 75215 QUALIFICATIONS GENERAL BUSINESS EXPERIENCE Presently, and since 1957, Van G. Threalkeld is actively engaged in general real estate practice, specializing in appraisal and consultation, but also including management, construction, finan- cing and sales of real property. This practice has been con - ducted in the northeast Texas region, and primarily in the Greater Dallas Metropolitan Area. APPRAISAL EXPERIENCE Independent Fee Appraiser since 1960. Appraisal assignments executed by him for lending institutions, government agencies, corporations, firms, churches, estates and individuals cover most types of property including residential, townhouses, condominiums, apartments, commercial, industrial and a variety of special use properties. Experienced witness qualified as expert in County Courts of Dallas County, Texas. Appointed as, and served as, Special. Commissioner in Condemnation hearings for Dallas County, Texas. EDUCATION Attended Major Course of Study Texas A & M University Agriculture Southern Methodist University C. I. R. E. Southern Methodist University Basic and Advanced Appraisal Courses Southern Methodist University Residential -and Commerical Construction Courses Society of Peal Estate Apprai Report Writing Seminar Society of Peal Estate Appraisers Appraising Real Property (111) Society of Real Estate Appraisers Principles.of Income Property Appraising (201) 29 0 QUALIFICATION (continued) PROFESSIONAL AFFILIATION NATIONJAL ASSOCIATION OF INDEPENDENT FEE APPRAISERS Designation IFP.S (Senior rember 1967) SOCIETY OF REAL ESTATE APPRAISERS *Associate Member 1966 OFFICES AND PARTICIPATIONS Association- Chapter President 1969, National Director 1970 -1972 *Society - Chapter Director 1974-1976, Chairman Local Public,Rela - tions Comittee 197E *Associate membership or offices do not denote a designation by the Society. BANK REFERENCES Harold Cantrell, President The American Bank, Irving, Texas Bill Daniel, Senior Vice- President Lakewood Bank & Trust, Dallas, Texas APPRAISAL CLIENTS INCLUDE: First National Bank, Dallas Lamar Savings Assn. Republic National Bank Republic i;atl. "orto. Corp. Mercantile National Bank Suburban Coastal Corp. Exxon Home Savings Assn. Xerox Texas Instru I.B.N. Gardner Denver Aetna Life Ins. Co. Grinnan Mortgage Co. Murray Savings Assn. , The American Bank Coca -Cola Oak Cliff Bank & Trust Bell & Howell Lamar Mortgage Corp. Ft. Worth Mortgage Corp. 3" Company Ticor Mortgage Ins. Corp., Monsanto Co. Merrill-Lynch Lane, Savage Counts and Winn, Attn. Rockwell International John Deere Co. • Dallas National Bank Liberty Mort. Ins. Corp. Lakewood Bank & Trust Mortgage and Trust Murray Invest,ent Co. First Mortgage Co. United Financial Mortgage Corp. Athens Fed. Say. Assn. Metropolitan Say. Assn. .Church's Chicken,` Inc. U.S. Small Business Adm. Prortibanc Inv. Co. Merchants State Bank Allstate Mortgage Co. Eaton Corporation j Pepublic. Services Corp. Heritage Say. Assn. U.S. Dept. of Housing & Urban Dev. First Texas Say. Assn. S ? L Financial Corp. Executrans, Inc. American National ''ort. Co. Dresser Industries Southwestern Development Corp. Redman Industries Digital Equipment Corp. Texas Central Life Ins. Co. 30 BELT LINE ROAD // o c,„ w 3 T 1 0 t TOWERWOOD • !R. • r o ,_ r w - 1 - )›; 0 �i — - — = �— j GARDEN BROOK, r 0R. - \i - PD Z 2I .....7 7',-- ; (z-_______ _ ___ _.11■111•1111•11 GINIMMINED 4011 1111111=1== as \ � i ______4;,.vi...,- , II t i, • C"l„ .i. ir*/ 1 4 lik ) OMEN= 0111111111111111 1111•1111111101111 11111•111111•111 1111111=111111111 MIN r _ . . 1 , . %I ' ' ' 4 # R OM 2 7 .-- -- _ 4 4 ! it - - , ...: go, ......„„, . A L AW L ( I ' ...... , II `J iiiir 1 St K . - • y i j-/ .I J I 0'r' / -`� j S - 2 ? � S - ! j \ \ l __ \ -- e6 \ i I _ .� \ LO SKETCH 0 • 8 -106 AUTOMOBILE AND RELATED SERVICE USES ri N co cr rl N t-i N M cy+ tf) t0 rl (NI 1 1 1 1 1 aal a a s A A c) 11 TYPE USE I Auto or Motorcycle Sales and Repair (In Building) MO I New or Used Car or Boat SS S Sales Lot . ••-• • -13- ARTICLE 8 SECTION 106 � � ' � Z�,�Lt:�.c 7 �� �� FILING FEE $150.00 r CITY OF FARMERS BRANCH (t REQUEST FOR SPECIFIC USE PERMIT TO TiIE BOARD OF COMMISSIONERS AND PLANNING AND ZONING • COMMISSION OF THE CITY OF FARMERS BRANCH, TEXAS application is hereby made to the City Council to authorize the Issuance )f a Specific Use Permit and to Reference this use on the Zoning District lap of the City of Farmers Branch, Texas, and in support of such request :he following facts are shown: 7° tPPLICANT x C LOS t U E efa2S 3 310 6iCire,,( tJ'Q• EJ. '�J T5( Name Mailing Address )ESCRIPTION OF PROPERTY (Legal description and map may e attached) • JOT BLOCK STREET NO ;TREET - FRONTAGE IN FEET )N STREET DEPTH IN FEET • • sPPLICANT'S INTEREST IN PROPERTY Ow•VE(L.. (Owner, Agent, Lease, Option, etc.) • 'RESENT ZONING hl tJs ((L i ICY 4!7 . tEASON FOR REQUEST *P e -e ()au/Wife—) 1N42-tN) Chewt_. A .e 'ROPOSED USE OF PROPERTY IA) e(,,) M-7d SA-1,63 • ,RE THERE DEED RESTRICTIONS WHI� WOULD PRE , kNT THIS PROPERTY BEING USED IN HE MANNER HEREIN PROPOSED? �hJJ A / eA P•`} U )1,3-af Sijnatu e of Owner 753 C A) l"'Aj ) 7) /�`' Date he following is to be completed only if persons other than the owner is caking this application. , do hereby certify that I am authorized to act or , owner of the above named property in making this (over) APPLICATION PROPERTY OWNS LIST CASE NO: 3'02 LOCATION 3340 Beltline NOTICES MAILED: 4C- /‘.‘--- S=.37 (Date) E TU RNE D NO. NAME ADDRESS CITY APP OPP N. RESP. 1. R.L. Wood Inc. 3340 Beltline F.B. _ X Dallas X 2. Beltline Assoc. 8609 N.W. Plaza 75225 Tax Dept. Schaumbul 3. Motorola Inc. _ 1303 E. Al .aonquin 60196 _ #107 Plano 4. Teneris Inca 1601 Dorchester 75075 Monterey Park 5. Jade Garden Inc. 128 S. Atlantic Ca. 97154 X 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 0 0 SUMMARY OF MAILED NOTICES S �1AARY OF MAILED N OTICES r" COUNCIL MEMORANDUM • FaRm9Rs BRancH From: The Office of the City Manager Date: June 29, 1983 Subject: AGENDA ITEM NO. C.8 CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY CENTRE DEVELOPMENT CO. FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF BENCHMARK DRIVE AND DIPLO- MAT DRIVE IN THE PD -22 (LI) ZONING DISTRICT. EXPLANATION: Centre Development Co. is proposing to construct two (2), two -story office /warehouse buildings on the property located at the Northeast corner of Benchmark Drive and Diplomat Dirve in the PD -22 (LI) zoning district. Site Plan approval is requried before permits, may be issued. RECOMMENDATION: The Planning aid Zoning Commission, recommends to the City Council that the request be approved with the Following conditions. 1. The property be platted. 2. A detailed Landscape and Irrigation Plan be reviewed by Staff and brought back before the Planning and Zoning Commission for approval prior to permits being issued. ACTION BY COUNCIL: Several options are available. 1. Motion that the request be approved as submitted. 2. Motion that the request be denied. 3. Motion that the request be approved with conditions (as recommended by the Plannning and Zoning Commission). 4. Any other action desired by the City Council. PMW:TES:LH:tgd Attachments: 1. Information memo. 2. Location sketch. 3. Copy of proposed Site Plan. 4. Building Elevations. 5. Traffic Memo. 6. Copy of Application. INFORMATION MEMO CENTRE 3 & 4 SITE DATA Building #3 Building #4 l Area = 190,476 sq. ft. Land Area = 148,720 sq. ft. house Area = 60,055 sq. ft. Warehouse Area = 45,402 sq. ft. ce Area = 22,701 sq. ft. Office Area = 19,037 sq. ft. 1 Floor Area = 82,756 sq. ft. Total Floor Area = 64,439 sq. ft. rage = 43.4% Coverage = 43._3% R. _ .43:1 F.A.R. _ .43:1 Total parking required for 3 & 4 = 246 Total parking provided for 3 E 4 = 248 Prepared by Community Services Department June 29, 1983 INFORMATION MEMO i- i /'" . • . V4Lwo00 _ o . , j • Q cr j iN i J ,......_..........._ ••••••■■•11110.. 010•1•101.111* ■•••./...0 4111110=11111..• ' . LANORY DR. m'' .1 Y G M I Q V 1-- m S AT DR. > 1111.11 111 . 1111111 . "" S v Q d -i I u- J W KEENAN _BRIDGE q As CC O I 6 I ANA vo JP Z • _____ � • • . i i \\\\\ K ,,,,\ K \ ,-• ,...., . A LOCATION SKETCH 11I++I . . x,,,03 mq. •..a.a / y � a y r AA w A • A .•aw y w, ` �• 111l1lll1M I Y0, \� 6 1 30 11.4 0 4 .- 3 0 1 1, 0A•41) r L1,N dd �✓�VM7dA I ,at rti ., •,.• z x 6 O. 0 1I t 1 O tu I co 0090 1 1 j_ %I, a ) O . sow* I 1 (I 'Q g t i 1 ? 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S `M ».r / +ti C" '7'1 z _ —_— — __ /+ _ I I ! c i ( 3 1 1 iii s N ,i i3 ,3 , ;t r • • • 11 .11111111111111111111 11111 111111!] 1111 111, 1111111111111111111111111111111111111111111111111111IIN11111111111111111 .1r 1.. ,11111111111111111111111111 111111111 111111111111 1111111111111111111111111111�111J1111111111 Ili 1l ' PROPOSED SITE PLAN -n ;4lllllllllllllilll """'°u �� q1. :i�:iiy� r'; ::;,:�� \. 111J0100 000M-11M y • s9Nd1� 100111- , r �j ( e ms, O ty Pil * j 4 W^aI � /Ti_ ® Nta� ' 1® ' cH i0 ,e..stli ,, ....../ ,...: collo ,� �P J I ill NE 1 4' F (j-,1,,t ■ I� ` D-- � mil' r C) 1 -,1 ilft. I O 5 _ t # are E � • r O l i " o- _ `' L .. � : E�I I 0 ■ICI, 0— o : � , �{ s : 1 11.-. o 11 t� 1 1 II { j P i � 1 ® 1 o ® N i e � 0 = IN O s Ie f c7: �' O y a �. M ao 10 1 ; rill o , o 1 c i e 0 cn-- o— 1E411 ii•t ® I II 3 € E C o a A III i i . .i ii_ o o-� . M� o 1 G).___ a) 0_1: . samosa. 111.= c o Ilk , IV 1 1 1 11 M .., 0 ii . "NE _, ..... 3 -.�- L 0__,.. ()____ 1 (:),__ C l — j I (iI �� a 00 MI i {t 9 ! e '' 1 i 1 td ! Pl' ' O ` a NM V � ;1001 NM ....I...ft ,t, { al MN ' i , di ®--..- El Wai , 40 aim mos El 4 1 C (t • , .-- lour , ,:_,-, _ _ -, i pu ® no mut •' ` !emus � . e•' r" ` 1 Mt .1 AJ 1 TI i 4-- 4 4 BUILDING ELEVATIONS f 0 - s,. ® .. : 11111111111111 11111111111i111111111111111111111111111H111 111111111111111111111111NII1111II{ 1111111111111111111111111111111111111111111i111111111 •IINI111111111111I I11i11111 111l111lllllllllll 11TIIIIIIIIIIIIIIII 7,,,, — 111 I �� PUBLIC WORKS DEPARTMENT � � ■� M E M O R A N D U M DATE: June 23, 1983 FBRmERs BR7fCI-I FROM: Earl Deland, Jr. . Director of Public Works TO: Larry Hurtt Assistant Building Official SUBJECT: Traffic Memo Concerning Valwood Park - Farmers Branch, Phase Two, Buildings 3 and 4 Upon review of the site plan for Valwood Park - Farmers Branch, Phase Two, Buildings 3 and 4 site plan, the Engineering Division believes that this proposed project will not generate any excessive amounts of traffic which would possibly overload any existing thoroughfares in this vicinity. ED /KVC:tr TRAFFIC MEMO 0 CITY OF FARMERS BRANCH, TEXAS APPLICATION "` FOR APPEARANCE BEFORE • PLA1.NING AND ZONING COMMISSION NAME of Party making request C 1` , tr 'E. rN/ MEElgT Cb Mailing address ' � ��e� lim 147.' .• air 4iliat Number and Street City Telephone Location of property involved in request • vim_ ` C ru:.T Lot Block Subdivision Survey Nature of Request: (Write request in shortest, most complete manner. Use back of sheet if additional space is required.,. Include all in- formation pertinent to the request). - Theis r u fi U - - tk '2 ) .�� C� s can o1Eye l meut- Cv • 2 2.} \ o 1� !� a V� easy CCv v c)ln vtnav'k.. iDtF1 : ParjEt it) * Is \(< kuens Do Not Write Below This Line For City Use Only Application taken by Application No. Fees Required $ Scheduled for Subdivision Final Approval Preliminary Approval Other ACTION TAKEN: First Presentation Date Second Presentation Date Third Presentation Date Council Action Date NOTES: COUNCIL MEMORANDUM I Ii FaRmeRs BR3nci -r From: The Office of the City Manager Date: July 5, 1983 Subject: AGENDA ITEM NO C.9 CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY FIRST CITY BANK FOR THE PROPERTY LOCATED AT 12875 JOSEY LANE IN THE PD -8 (LR -1) ZONING DISTRICT. EXPLANATION: First City Bank is requesting site plan approval to allow an existing sign along Valley View Lane to be altered and used only for bank purposes. The sign was originally approved to give tennants within the shopping center identification and advertisement at the Valley View entrance. The bank has stated that tennants have shown no interest in using the sign and the bank can use the sign to advertise their various services. Site Plan approval is required before building permits may be issued. RECOMMENDATION: The Planning and Zoning Commission recommends to the City Council that the request be approved with the following conditions: 1. A letter be placed on file with the City Staff from First City bank agreeing to allow tennants of the Shopping Center to use the sign panels, if the tennants desire to do so in the future. ACTION BY COUNCIL: Several options are available. 1. Motion that the site plan be approved as submitted. 2. Motion that the site plan be denied. 3. Motion that the site plan be approved with conditions as recommended by the Planning and Zoning Commission. 4. Any other action desired by the City Council. PMW :TES:LH:tgd Attachments: 1. Information memo. 2. Location sketch. 3. Copy of proposed site plan. 4. Copy of proposed sign. 5. Copy of application as submitted. INFORMATION MEMO First City Bank is proposing to use the existing pylon sign for their use only. This sign is a legal non - conforming sign. It was approved by the City Council on November 7, 1977. The existing panels were to be used by tennants in the shopping center. First City Bank is proposing to use all of its panels for their use only. The sign is owned and maintained by Federal Sign Company. Federal Sign Company has a ground lease from the shopping center that allows placement of the sign. The sign is leased, by Federal Sign Company, to First City Bank. The Bank stated before the Planning and Zoning Commission that they would allow other tennants within the shopping center to use a panel on the sign if requested by a tennant. Joe Lancaster, owner of Tract One of the shopping center is aware of the banks request. Attachment: A. Copy of Page 199 of Status Report of Non - conforming Signs. PREPARED BY COMMUNITY SERVICES DEPARTMENT July 5, 1983 INFORMATION MEMO ...., .:.. rjj= , ___ FS BR f1CH s z 5 t' ' ,a t ' H n - x W�t", .,� z k � .r : roar- 'St�..t, r : r ` 9 '. ' ate v ? i .f� 1, ' r r' q k ' Z:7;L* ' ' 1. � ..... ;a te°` p � a 3' ,,,,,,, Po a „,,.r,„-. r_I-... its„,2f....,,,s,, Vi x� .4,--1:,i-” i � r . a'Ys" 4',-..°'. } ® xg 8 r i { r zv'rog eta OWNER: First City Bank LOCATION: Farmers Branch Shopping Center (LR District) INFORMATION: City Council Variance - 1977 Article 14- 101(d) of the Zoning Ordinance - sign exceeds 200 square feet for general business sign. City Council approved revised site plans on 11/7/77 for size and location of sign. PAGE 199 OF STATUS REPORT OF NON - CONFORMING SIGNS -199 - 0 ligo, A Ti .y \..3__ -0, , , ‘ _ \ -- li --u--1 . \ e I. vAr _ or , / 110 =\., --- ..,e( , t v,// • ;.:. / •''r .____-\-) ----.--- -., , - / c.' ‘:::,4••••04vo• _ Imo. 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"-HORIZt?I\tfAL P AINPPt5 AND • • - W 1• ctt'r1iNC� - ' .I ADM • I I i • �L _D : r (1kj .. • 1 i Main Bank - 9 a tii. -3 part = Monday thru Thursday p 1 ~` ti' r -- :9 aan.- 6pdn; Friday :.._— s , r a • Auto Bank 7.30 a.m. to 6 p.m.- Monday thru Friday r• -' , w 9a.m.to12Noon- Saturday _ a= ; t 1 = � - ,t,.� 2 .. .I4, A ` -- P . _ - A li Deposits in sure r ( u pl to: : r- , • 1 - I' C ` f t I s , tir� em ii er' FDI - - \5 ; . '-' . = u' ' • yr •. = Fly -6 W •ePA cDP1' -ID 111 IJ44 " { ; • r tt•Nf1N -1 — 11A\lh - ; . • it FMJTCAF�(70litit4 PH G d ' GRADE • PROPOSED SIGN " - • 0 El FVATION -.. SCALE � >I' o � . CITY OF FARMERS BRA.NCU, TEXAS • - • APPLICATION 1 . • FOR APPEARANCE BEFORE PLANNING AND ZONING COMMISSION NAME of Party making request Re.54 (144 TAAK- T -7 a , trYpf5 . vich Mailing Address 12-S 5 Jo Lan nv (5, - B , rancin Li 7- /78 / Number and Street City Telephone Location of property involved in request 5!r lacA-6.8 ;",g is. I as tke. Vi Lot Block Subdivision • Survey • Nature of Request: (Write request in shortest, most complete manner. Use back of sheet if additional space is required. all in- formation pertinent to the request). A i- -41z. -ace. -.Ksis • • Do Not Write Below This Line For City Use Only . • Apnlication taken by Application No. Fees Required Scheduled for Subdivision Final Approval Preliminary Approval Other ACTION TAKEN: First Presentation Date Second Presentation Date Third Presentation Date Council Action Date NOTES: . • z-vN. „__APPLIAIONLI q.?:6/ First City Bank- Farmers Branch Valley View at Josey Lane, P 0. Box 340456 Farmers Branch, Texas 75234 (214) 247-1781 P tal9FISICITY June 14, 1983 Mr. Tom Scales City of Farmers Branch Farmers Branch, TX 75234 Dear Mr. Scales: I am requesting that First City Bank - Farmers Branch, at 12875 Josey Lane, be placed on the agenda of the next Planning and Zoning Committee meeting. First City Bank - Farmers Branch will be requesting approval to alter one its existing signs. Sincerely, Z . 4 Beverly Fritts Marketing Officer bf:js Member First City Bancorporation of Texas. Inc 58 6 °3 COUNCIL MEMORANDUM F3Rm1Rs - BR3ncH From: The Office of the City Manager Date: June 30, 1983 Subject: AGENDA ITEM NO. C.10 PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A TRUCK LEASING AND FUELING FACILITY AND TAKE APPROPRIATE ACTION. REQUESTED BY DALHO CORP. FOR THE PROPERTY LO- CATED AT 1885 VALLEY VIEW LANE IN THE PD -22 (LI) ZONING DISTRICT. EXPLANATION: This is a continuation of the June 6, 1983 City Council meeting. The Planning and Zoning Commission continued this item at the June 27, 1983 meeting until the July 18, 1983 meeting, at the applicants request. The Public Hearing proceedures estalbished in the City's Zoning Ordinance requires the Planning and Zoning Commission to make a recommendation prior to action by Council. RECOMMENDATION: The Planning and Zoning Commission recommend to the City Council that this request be continued until the July 25, 1983 City Council meeting. ACTION BY COUNCIL: 1. Motion that the request be continued until July 25, 1983 City Council meeting, or any other date desired by the City Council. PMW:TES:LH:tgd Attachments: 1. Letter from applicant. 2. Original memo and attachments. CLARK, WEST, KELLER, BUTLER $s ELLIS W. B. WEST. $ ATTORNEYS AND COUNSELORS AT LAW WILLIAM L. KELLER 4949. FIRST INTERNATIONAL BUILDING WILLIAM H. CLARK, IIS ALLEN BUTLER DALLAS, TEXAS 75270 - DAVID M. ELLIS PHILLIP R. JONES WM- H- CLARK (1881 1931) MELVYN L. DOUGLAS (214) 741 -1QQ1 WM. H. CLARK, JR. (189S • 1943) JACK D EAOES ROBERT L. CLARK (1903 • 1963) MIKE M. TABOR WHITCIELO H- CLARK MARK A. SHARK ERIC O: RYAN June 21, 1983 OF COUNSEL - - ALTO B- CERYIN Mr. Doug McNeil Chairman Planning and Zoning Commission City of Farmers Branch P 0 Box 340435 Farmers Branch, Texas 75234 Re: Dalho Corporation's Application for Special Use Permit Dear Sir: This law firm represents Dalho Corporation, a subsidiary of United Parcel Service, Inc., which has an application for a Special Use Permit set on the agenda for your Commission Hearing on June 27, 1983. We respectfully request that such application and Hearing thereon be continued to your next Hearing date, July 18, 1983 and Council Hearing July 25, 1983. Just last week Dalho Corporation purchased the subject property,and is in the process of revising its • plan for its development. Approval for these revisions must come from the home office of United Parcel Service in Greenich, Connecticut, and time will not permit this process to be completed by next Monday evening. More importantly, the applicant desires the additional time to consult with its neighbors and the City staff to present to you a proposed development plan consistent with the desires of all concerned parties. Thank you for your consideration of this request. Yours very truly, CLARK,WEST,KELLER,BUTLER & ELLIS � . H. Clark, I WHC: mcb LETTER FROM APPLICANT : _ 1 Community Service Department MEMORAND Date: 5/17/83 F2R ER BH From Secretary To: Members of the Planning and Zoning Camuissicm Subject: AGENDA ITEM NO. 13 PUBLIC HEARING : CONSIDER REQUEST 113 AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A TRUCK, LEASING AND FUELING FACILITY. REQUESTED BY DALHO CORP. FOR THE PRO - PERTY LOCATED AT 1885 VALLEY VIEW LANE IN THE PD-22 (LI) ZasTING DISTRICT, ExPLANATION: Dalho Corp. is requesting a specific use permit for a truck leasing and fueling facility at 1885 Valley View Lane. Section 8- 114 (a) of the City's Zoning Ordinance requires a specific use permit for a truck leasing operation in a Planning Development zoning district. RECQDkTION: Request be denied. ACTION BY CallISSION: Several options are available. 1. Moticn to rece mend to the City Cotmcil that the request be approved as submitted. 2. Motion to recommend to the City Council that the request be denied. 3. Motion to recomnEnd to the City Cot oil that the request be approved with conditions (any conditions desired by the Planning and Zoning ConntLssion) . TES :LH: cjm Attachutents: 1. Information submitted by applicant. 2. Location sketch. 3. Copy of preliminary Site Plan. 4. Copy of application. 5. Copy of Section 8 -114 (a). 6. Summary, of mailed notices. .,.y ORIGINAL MEMO AND ATTACHMENTS __., A UP TRUCK LEASING 2558 NE. 28th Street PO Box 7325 Fort Worth, TX 76111 (817) 625 -7011 May 9, 1983 Mr. Larry Hurt • Assistant Building Official The City of Farmers Branch Dear Mr. Hurt, With regard to our filing for a building permit the following outline of UPS Truck Leasing's new Farmers Branch facility is being submitted for your approval. The new location, on Valley View is being established to provide a source from which the local business in the area can service their truck needs, both in short term rental situations or thru a long term lease arrangement. The facility is designed to handle approximately 250 units and employ 30 people. Initialy we would open with a staff of 10 people and a fleet of 30 vehicles. The vehicles are a com- bination of single axle and tandem axle over the road tractors and diesel powered vans for local delivery. The location would - be operated six days a week from 7:00 A.M. to 6:00 P.M. with expanding hours to provide service to the business community as the need arises. Should you require any additional information please advise. Sincerely, :r Hardman ity Manager INFORMATION SUBMITTED BY APPLICANT i, F _ c. i VALWOOD _______ ,. I 1 1 • ALP. . ___I wa LANDRY OR . Q� cc • X cc I ~ U Z 2 °3 DIPLOMAT DR. `, iorL/111. __ ' a NAVE > v ow III J I . � Z ii • i � .1 • 1 I KEENAN __BF310. —___ ----_-_-_--- ---\:)' ____________________--T5------ I 0 / c J z// a' i MI MI J VALLEY E , t J • 1 ' • ' ■ i "" - j:4('' ■ /A r LOCATION W__....__ 2 aa,, . ...rot--- ..,_..,..,. _ .._ ._ .. 1s w _ Q 8 Z L: 2 t. • a o .,r • .• ___ .... i., lorl_______ :2 .____ ' ' P __________I.. . . r • � __ 0 a - ---_ 0 8 • PO z • `^ i _� ti - -� h — t _ • • • _ Y _ - _._._ n i _ _ m e.,.,.... }-- - z o Lr O� M l/ ij . ,a • te ,DE N. • • W C 1 — h a – 9 ;29 • „ ., -• w d} lD N . .- kl - . -. - V} Y3MY 371f .� s. }{ :.' T1tI J a et�a}t a s �3t3q SNOILISOd 9Nixavki B• �[ •- >t tid F 0I.0SOd 9kd01•Y4 6 • £ - OS J ". ... f , .. . t7, - 1 L '',, - f `�l 4 4 4 i' i: *t=i. „ mss t - ,,. o- 3 , 'i+n =a> w ttk:,01 ; t ;+ E ` r ` r.?+7?t i ... - y d � �,., ry e , •""'• . ' 4„,„, ! �A r kr' ` a1 :.0 w 404--,-"°0';'4,'” « `�„ r . ; ,-, kacx* •,, - -- " i"'9'i[";Q, ,pr t Z 4 i '4 , : 4 'T %i- s Yc t r ._ .1 4 .aG -.:^ - " :6:0"::., Kr g u +' Z.` - '` a .a 4 h � w ^?at W ., " d'E�K�.�•r ..�.�i W fi Y a . a C ��,�.,Ay„�r . , .........;',,,e`..,' � i. a...sz' ' sf S13 mo A „ ,� {'` t ,�, X ,, ,$*. - , ,s hy, . ' • •Y • _ %t ' , ` •."41":, .Y --- , �,� '. ".• „ ay rc a �f > FILING FEE $150.00 1 �- CITY OF FARMERS BRANCH 1? REQUEST FOR SPECIFIC USE PERMIT TO THE BOARD OF COMMISSIONERS AND PLANNING AND ZONING COMMISSION OF THE CITY OF FARMERS BRANCH, TEXAS Application is hereby made to the City Council to authorize the Issuance of a Specific Use Permit and to Reference this use on the Zoning District Map of the City of Farmers Branch, Texas, and in support of such request the following facts are shown: APPLICANT :J ,/f, 6.;fZPo -T f753" L8'1 4'coike 2S4' i4L 71"2-3( Name Mailing Address • DESCRIPTION OF PROPERTY 5, . i-n'cM.r3 „�,,q;✓_ /a- (Legal description and 'map may be attached) LOT • BLOCK STREET NO. � FRONTAGE IN FEET STREET -� �>,. � �. r L- I...1`' (,� z2 �'�/ (4 ! STREET DEPTH IN FEET, f_y 7 ON ‘ /472.e .41.714.1. /act.,46iit r.se APPLICANT'S INTEREST IN PROPERTY (Owner, Agent, Lease, Option, etc.) PRESENT ZONING /� REASON FOR REQUEST X5 ,. " - • 'PROPOSED USE OF PROPERTY (//"?S - 7 - 70vC/f' /S - s>C� ARE THERE DEED RESTRICTIONS WHICH WOULD PREVENT THIS PROPERTY BEING USED IN THE MANNER HEREIN PROPOSED? /yp • % Si nature of Owner Jr- f Date The following is to be completed only if persons other than the owner is making this application. I, , do hereby certify that I am authorized to act for owner of the above named property in making this (over) APPLICATION • � < 6X111.151.1. lu. J f � � 1 k \ iv mol. _ iL7 14 OS'1? en to e i ' val r , 4 ti 4 c.� o V i^ ` w tftk ' \� � , :» �, \ - 4t- (3 T...."7;, �. . \ . \ - 1 . 4 yam t. ay . W G V It.. o y 4 1 In 0 \\ e.iae+ w seL - ai - tfF ; s s s 4 'WS! _ z " " o t-itE s s. INITIALED FOR o �;1s x - - x s - IDENTIFICATION `ii R .. _ + - SELLER i 1!1 = rE *; tS *- 2 S s `i r. = _ 's 3.... ::. _ ' Y = xi: ; : 3a PURCHASER i -: itzl - EXHIBIT e LAND DESCRIPTION Eastern roost three acres of the land described on Exhibit Al, attached hereto and incorporated herein, which land is located in Dallas County, Texas. • INITIALED FOR IDENTIFICATION Seller Purchaser Page Solo PROPERTY OWNER LIST CASE NO: LOCATION: f g5 NOTICES MAILED: „5- f 3r Q2 (Date) ETURNED NO. NAME ADDRESS CITY APP OPP N . RESP • m. ompson rust 910 Two Turtle Dallas 1. Valley View Bs. Ctr. LI Crk. • 2. Same as #1 ( V — 'o ing •ea•ows 3. Gould Inc. 10 Gould Ctr Tax 'Dept. I11. 60018 4. Same as #3 L! 5. El Chico Car. 1 1925 Valley View F.B. it • • - 111111111 1 a SUMMARY OF MAILED NOTICES SUMMARY OF MAILED NOTICES r COUNCIL MEMORANDUM FaRmERs BRBflC. From: The Office of the City Manager Date: 7/7/83 Subject: AGENDA ITEM NO. D.l CONSIDER POLICY FOR NOTIFICATION OF PUBLIC 11IEARING ON REZONING PROPERLY AND TAKE APPROPRIATE ACTION. EXPLANATION: The City Zoning Ordinance establishes a procedure for notifying property owners of zoning changes. On June 20, 1983, the City Council instructed the City Administration to study the notice policy and bring back to the Council a suggested policy extending the notifi- cation period and the geological notification. area. FECCMMENDATION: None, ACTION BY COUNCIL: Several options are available. 1. Motion to take no action or change the existing policy. 2. Motion to adopt a policy extending the notification period and the geological graphical notification area. (Any period or area desired by the City Council) . PMW: TES : cjm Attachments: 1. Article 24 of the City's Zoning Ordinance. 2. Interoffice memo. 3. Memo on costs. after the completion of the erection, alteration or the conversion of such building or land provided such construction or change has been made in canplete confor- mity to the provisions of this Ordinance. All existing or hereafter created nonconforming uses shall obtain Certificates of Occupancy within twelve (12) months of the effective date of this Ordinance. An occupancy per- mit shall be considered evidence of the legal existence of a nonconforming use as contrasted to an illegal use and violation of this Ordinance. 22 -102 A Certificate of Occupancy and Compliance shall state that the building or proposed use of a building or land, complies with all the building or health laws or ordi - nances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the land or building affected. ARTICLE 23 COMPLETION OF BUILDING UNDER CONSTRUCTION 23 -100 Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of passage of this Ordinance and which entire building shall be completed within one (1) year from the date of the passage of this Ordinance. ARTICLE 24 AMENDMENTS 24 -100 Any person or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the provisions of this Ordinance or the Planning and Zoning Commission may on its own motion or on request from the City Council institute study and proposal for changes and amendments in the public interest. 24-101 PROCEDURE (a) The City Council may, from time to time, amend, supplement, or change by Ordinance the boundaries of the districts or the regulations herein established as provided by the Statutes of the State of Texas. -91- 0 (b) Before taking action on any proposed amendment, supplement or change, the governing body shall submit the same to the Planning and Zoni rg Commission for its recanmendation and report. (c) The Planning and Zoning Canmi ssion shal 1 hold a public hearing on any application for any amendment or change prior to making its recanmendations and report to the City Council. Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment or change shall be sent tQ all owners of real property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for the hearing by posting such notice properly addressed and postage -paid to each tax - payer as the ownership appears on the last approved City tax roll. (d) A public hearing shall be held by the governing body before adopting any proposed amendment, • supplement or change. Notice of such hearing shall be given by publication in the official publication of the City of Farmers Branch stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. (e) In case, however, of a written protest against such change, signed by the owners of twenty per cent (20%) or more either of the area of the lots of land included in such proposed change, or of the lots of land immediately adjoining the same and extending two hundred (200) feet therefrom such amendment shall not becane effective except by the favorable vote of three- fourths (3/4) of all the members of the legislative body of such municipa- lity. (f) A sign shall be erected by the owner of the pro- perty affected no less than ten (10) days prior to the public- hearing. Such sign shall be a minimum of three (3) feet by six (6) feet in size and shall face and be within thirty (30) feet of the closest, adjacent, most heavily traveled thoroughfare. This sign shall state in bold letters of at least three (3) inches in height the current zoning, the requested change, and the time and date of the public hearing. This requirement shall be waived if the property does not abut a dedicated street. -92- r „ = ,... Community Service Department ri= MEMORANDUM Date: 7/7783 FaR eRs BRE fCHA From: Tom Scales To: Paul West Subject RECOMMENDATION EXTENDED TIME & DISTANCE NOTIFICATION FOR REZONING REQUESTS EXISTING POLICY Article 24, of the Zoning Ordinance establishes the procedure that must be followed on notification of property owners of zoning change requests. All property owners within 200 feet of the subject property must be notified 10 days prior to the Planning and Zoning Commission public hearing by mail notice to each property owner, as the ownership appears on the last approved tax roll. A notice of the public hearing must be posted in the official newspaper at least 15 days prior to the City Council hearing. A sign must be erected on the property by the owner advertising the public hearing at least 10 days prior to the public hearing. PAST PUBLIC REACTION Public reaction to zoning change request notices have been greater when the subject property was adjacent to or near residential areas. Zoning change requests in industrial areas have not generated as much concern from surround- ing property owners as have requests adjacent to residential areas. REC MMENDATION Should the Cocil desire to establish a policy extending the notifi- cation area, the distance could be increased to any dimension such as 500 or 1000 ftas shown on the attachment A. An increase to 500 ft. would approximately tripple the number of property owners notified by nail notices. EFFECT Increasing the notification area would effect the time needed to prepare public hearing notices. I would suggest that if the notification area is increased, that an application for a zoning change request be required to be submitted to the appropriate department at least 60 days prior to the Planning and Zoning Conmissicn meeting date. We now request applicants 0 to submit their requests for zoning amendments to the appropriate de- partment at least 30 days prior to the Planning and Zoning Commission meeting date. I would expect 30 days to be spent by the City Staff preparing property owners list, mail notices and supportive information and that the notices would be mailed at least 30 days prior to the Planning and Zoning Commission meeting date. RECOMMENDATION SUMMARY I recommend that the procedure, the notification area, and the time frame not be amended. The existing procedure does follow state law.' The procedure has a history of being effective. Notification to property owners within 200 feet of a subject property, a public hearing noticein the newspaper, and placing a sign on the property advertising public hearings has been an effec- tive way to notify not only residents within the immediate area but other interested citizens. Rezan.ing cases near residential areas have usually resulted in a high citizen turn -out along with petitions either approving or opposing the request. The Planning and Zoning Commission and the City Council has had a history of being extremely responsive to residential citi- zens concerns. When needed items have been continued to allow citizens more time for reseaarch, study, and soliciting support from other citizens in their areas. Increasing the number of mailed notices will most likely not result in an increased percentage of response from the mailed notices. Most likely the same percentage of response will be received from property owners in an increased area as from property owners within the current 200 ft. area. Attachments: A. Map showing effect of various notice areas. B. Summary of mail notices, residential areas and industrial areas. 0 �, ..S` >',\ R 3 1= 7 r v_ . P 1 1 / 1\ a�r i I i :� � s ":-.. '' ' l r X t A v x 1 n�y �, � , �` � � r a f► I� 5 ril Y/ G'IDED GRECK DR I °�f•., '\� ' � E I J / EW BAR . - -t N, 4 DI „ �.1' i a>u y ` iii --� �- .- +�+, .1 r r— V � i., .. c ' r c iri i:nv W aa .ea 1C� . . ....., , i, A, —I I, I t F. 1 g ; ", P1W " 4 " I 1 W. v a 1 poi. „, , :,, , _. =,:__„, ,,_ ,. ,=_, � � j :t 0 „, ,,,../ ,. 7, ., r, ,- , , . .11111r•MINil, ' \ „ 46 iy , , • 1 '' II P D— 20 ( , I I M i'.LY_.I- 1. ' XX , ,./ 4 z r r 7_� t a''' ' ., t y I— L EY 'rif L l _�� : � � , . ,... D .Tnt,�E. v I LANE T — ' V a : triesmoiosigailfnflir” i s : it f x A, it 0 „s 000 f } \ •� - W r 1 ,. , � � I I -`- r��lw: ..!'11.�1w'aBt qr= - memo 11... .. / . +' * .V • � SPU TR♦ r t �,:,� l 1 n + t l 1n � , + }_ - - • ■ l l N R - 2 w iW.�_ __ + fi rms u ■ a< fi w. p,5 ENIM I Nto jsI R GE WAY J 1 I N•V gP, .4- . sty . 4 ,,,\-\ ,, a:l• A ��� --'' IP Aral onipw ,„,/k • O i P -Al NOTE MAP $1.10Wi G NOT! CE AREAS 2 ( L R - 2 FOR 200' $ 5001 4 ( 1. OL b GEORCiE esTATE AT VALLEY LEW AND MACS“ %.� � L4. USED Ls &t4L AMPLE. 11p. -5U _S _33 Pk &Y: COM H 1TY SERVICES DEPT. NORTH G 4TE . 7- . 8 ..'3 --S- ∎ mss 0 500' 1000' 2000 1 1 ITY O F FARMERS BRANCH ZONING 0 PROPERTY OWNERS LIST CASE NO..; e LOCATION - 1 ✓ Ze:rI 79-e,e.v4 t4 CN - NOTICES MAILED: 4 14.:24/ 43 Da e RETURNED NO NAME ADDRESS CITY APP. OPP. N. RESP. Dallas 1. Cannell -Horn P. 0. Box 201069 75220 Dallas ,/' 2. Brookhaven Office Park 3410 Republic N. Tower 75201 V 3. Mutual Life Ins. Co. Inc. 2995 L.B.J. #100 F.B. 1/ 4. Francis L. Brown 12127 Treeview F.B. 5. Raymond B. Smith 12123 T eeview F.B. 6. Sharon B. Glenn 12117 Treeview F.B. 7. Joe B. Davis 12106 Ridgefair F.B. 8. Geor•e T. McClain 12112 Rid_efair F : V 9. Arthur R. Ansley 12118 Ridgefair F.B. 10. Janes F. Stevens 12124 Ridgefair F.B. 11. Michael A. Wilcox 12130 Ridgefair F.B. 12. Daniel J. Wessely 12208 Treeview F.B. 13. John L. Winston 12205 Ridgefair F.B. 14. Roger N. Sorenson 2946 Sunbeck F.B. ✓ f Canton.. 15. Marvin J Simons Rt. 1, Box 191 -A 75103 16. Same as #15 t/ 17: D. L. Wadley 2980 Sunbeck F.B. S' e R 11* IL1 • ICES 5 2. l D k d A CLIC s ,y J en�aic5 ® PROPERTY OWNER LIST CASE NO: 82 -21 LOCATION: Valley View and Alpha NOTICES MAILED: /40:7_4217•—fga. (Date) RETURNED NO. NAME ADDRESS CITY APP OPP N. RESP. Newport beach L/"' 1. Rudy Mariman 341 Ba side Dr.;3 CA.92660 2. Schiff & Harris 4030 Valley View F.B. Dallas 3. 1st Nat. Bnk Tr. P.O. Box 61 1 75202 Dallas 1' 4. Centre Land, JJV P.O. Box 402087 75240 Dallas / ' 5. Centre Plaza Hotel P.O. Box 402087 75240 m allas 6. J.C. Penny Co. P.O. Box 206 75221 7. Anthony Supinski 13232 Kerr Tr. F.B. 17 8. Dominick J. Zacek 13236 Kerr Tr. F.B. Y 9. J.W. Miller 13240 Kerr Tr. F.B. 10., J.H. Mathews 13244 Kerr Tr. F.B. 11. L.C. Clark 13248 Kerr F.B. v 12. E.J. Neyra _13252 Kerr { F.B. V 13. R.L. Paul 13231 Kerr F.B. 14. F.A. Greico 4022 Kerr F.B. V V 15. H.R. Wilson 4021 Kerr F.B. 16. L.R. Johnson Jr. _4020 Kerr F.B. 17. Z , 't a'r 41 _' k- r P.O. Box 340435 v ' 18 rity of Farmers Branch 13000 Wm Dodson F.B. Dallas 19. City of Dallas 1500 Marilla 75201 D D /9 SU"° 'RY 0 Y.. I OED NOTICES 1 7:7 , 6 J 11 r PROPERTY OWNER LIST CASE NO: 83 -22 LOCATION: Northwest corner of Valley View & Marsh NOTICES MAILED: 4 (Date) ETURNED NO. NAME ADDRESS CITY APP OPP N. RESP. Dallas 1 Brookhaven Devlpmt. Inc. 1540 Republic Bank 75201 _ /‹ 2 Same as #1 + �( 3 A. J. Airoldi 4835 LBJ #925 + F.B. 2c Dallas Y _4 Thurmond A. Williamson P.O. Box 57105 75207 /` 5 - F.B. /: 6 James E. Upfield 13542 Braemar F.B. lc . 7 Thomas Tucker 13532 Braemar _ 8 Arthur L. Dunne 1 13522 Braemar F.B. I X _ 9 Dorothy E. Oelke •_13512 Braemar F.B. X 10 Arthur Mires 3461 Bevann F.B. ' X 11 E.C. Deaton 3540 Golfing Green 1 F.B. 12 Joe L. Sadler ,13716 Tanglewood F.B. 13 Howard C. McCracken 13706 Tanglewood F.B. X 14 H. T. Ardinger Jr. 13638 Tanglewood ( F.B. _ 15 G.G. Galvin 13632 Tanglewood F.B. 16 John R. Deen _13626 Tanglewood F.B. X 17 Michael R. Walker 13616 Tanglewood F.B. 18 Sane as #3 19 Harvey L. Stahl 3455 Bevann F.B. _ 20 John E. Boehm 13802 Wooded Creek f F.B. 21 Brookhaven College 3939 Valley View F.B. 22 City of Farmers Branch P.O. Box 340435 I F.B. SU t' '_"` r � .11 ITICES I J r ' B 3 II PROPERTY OWNER LIST CASE NO : g 3 -2 LOCATION : IJr .l l ?--y l'i rW t m pile6 k.. NOTICES MAILED: (Date) ETURNED NO. NAME ADDRESS CITY APP OPP N. RESP. 23 Valley View Christian Churcl - , 3700 Valley View F.B. 1 #1000 Dallas IC 24 PP11rr n & Fnnherg 13771 N. Central 75243 25 'Main R. Cox _3505 Bevann. F.B. X 26 Joseph P. Schwander 3511 Bevann F.B. 27 tanda Moore 3515 Bevann F.B. K 28 1 .M. Meyer 3519 Bevan F B. 1` 29 • 's L. Roth 3523 Bevan ( F.B. 1 1 Iv: _ !_� Fu r_.i» J, 3 1..- T c ot•_ vg :: rt." 32 1 L. - • Wo 'lei :l roes • . ..lig ik Vi _ ! ` • :: 'i I 1 . 1. 35. illiam F. Simonson l 1475 ilevan F.B. K 36 J.W. Grundy 3471 Bevann F.B. r 37 Edward W. Carl@ 3465 Bevann F.B. 1 SU eRY OF r NOTICES 4 t (/ 0 0 I I PROPERTY OWNER LIST CASE NO: 43--/ 11 � + LOCATION: ( k! Co • Ve k%f e. 1 D 1..�� v NOTICES MAILED: 3/3/ ,g3 (4)ate ) 2 ETURNED NO. ' NAME ADDRESS CITY APP OPP N. RESP. 1. F.B. Church of Christ 2570 Valley View F.B. A ` _ 2 A. P. Brown 13318 Cinco 1F.B. 1 A I _3. C.R. Bradsher ,13312 Cinco IF,B. N 4. J C B im 33306 Cinco F.B : 5. K H Morris 2986 LasCampana.s F.R. x 6 •- .1' • :1 . _n..,. : : u. - • ' - -ill-e- ! : I _8. R R Langer 7970 Marcann F R. 7 9. T) W Lewis 7976 Marsann IF R X 10. Adolph fnntwal 2 R4 Marsann F _ X __11. A T Reach 13 Cinrn F a K 12. D.E.Var 1 .311 Cinrn F_R_ K 1a u - - 2.95 4__Mas-a.nn X 1• ..1 „. x I .B. • I:17 ell .. .n.... 1 _j: I --, s: . n.. I . 1 1 Y 9. T.L. Reaves 2979 T,a5Campanas R. X 20 , G F F1Pmin�_ 794 R-Irlp R ` __ 2 R W Smitis ,79S4_H -7-1(Ne F R x I II ._22. R.M. Hill 2960 HarlPe !E_B_ Su 0... • F r . I. &I ) l ..r /'� _ E E, p p ! 5 • • PROPERTY OWNER LIST CASE NO: 83-/Z LOCATION: 10P1 Vie- 4e. i' LkU 4/9d NOTICES MAILED: (Date) r RETURNED NO. NAME ADDRESS CITY APP OPP N. RESP. 23. P.E. Jensen 2959 Marsann F.B. '1 • 24. M.S. Yarbrough 2953 Marsann !'F.B. I /` _25. E.R. Reeves 2947 Marsann F.B. 1 N 26. M.L. Cross 3306 Portlock F.B. X 27. J.D. Shirkey 13022 Valley View F.B. 28. D.P. Sullivan 3028 Valley View F.B. 1 29. C.D. Hughes 3034 Valley View 1F.B. . X 30. A.L. Corley 3040 Valley View F.B. _ X X 31. B.C. Spradlin ,3048 Valley View 1F.B. 32. T.W. Kinchelde 1502 Shannon I F.,B. 1 33. Sameas #32 7C i 34. A.M. Maccallum 3015 Primrose Arlington 35. D.G. Taber 13518 S. Cooper 176015 A 36. J.S. Eubank 3027 Primrose F.B. 37. R.B. Pruitt 3033 Primrose F.B. 38. C.G. Wittenauer 3039 Primrose F.B. 4 39. • n K-1 •4 . 'u • - A _40. B.C. Wilson 30S5 Primrose F.B. 41. Anthony Caterino 3061 Primrose F.B. X 42. Valley View Baptist Ch. 3108 Valley View F.B. X 43. P.M. Curry ,3106 Colchester F.B. X 44. Duane Young ' 3110 Colchester F.B. S UMMA' e MA -; .• ii, j . - ' !: r t f f s ' - 4 bumv`:W`�a•r ,• b 'a1'+w na..>_. w+sr - -r. ..i.1 uv.idv'tw..1...Y'.';. :: :_ .. _ .. _ .. • • PROPERTY OWNER LIST CASE NO: 83-4 LOCATION : VA-11C/ t/ /Aka C J -fel NOTICES MAILED: (Date) ETURNED NO. NAME ADDRESS CITY APP OPP N. RESP. 45. W.O. Rumsey 3109 Valley View F.B. 46. N.B. Smith 3105 Valley View 1 F.B. I arro to 47. Deanna Averett 1805 Northcrest 75006 X l 48. R.C. Patterson 3112 Chatsworth F.B. V 49. V.P. Bovard 11140 Rosser F.B. Mesquite 50. D.D. Rich 210 Hardwood Tr. 75150 Ni 1 Dallas 51 K.L. Anderson P.O. Box 30661 75230 i 52. C.L. Nowlin 3105 Chatsworth F.B. 1 A I sir am U Ar . 0 t tO 1 j,„ ,,, ,,,, t P ! ! 7 PROPERTY OWNERS LIST CASE N0. L.---.) -4p� 1 LOCATION: r Al"-{-,, ) ' , 1 2 /4 4 - #9 4' NOTICES MAILED: ; 77' 7 f Date RETURNED NO NAME ADDRESS CITY APP. OPP. N. RESP. Dallas 1. Equitable Life Assur. 1550 One Main Place 75050 Dallas 2/� 2. Crow Simonton #2 LTD 2001 Bryan Tower #3200 75201 Dallas --' 3. New England M/L /I Co. 2001 Bryan Tower #3200 75701 4. Same as #3 L.----' Dallas 5. Gillis Thomas Co 8333 Douglas #1414 75225 L-'' 6. Same as #1 t� 7. Sane as #5 C._ 8. Same as #5 9. Same as #5 Dallas 10. Trammell Craw Co. #22 2001 B an Tower 2ee 75201 $a as 11. Robyn Thomas 8333 Douglas #1414 75225 17 12. Pete Rice 4425 McEwen F.B. 1./ L . 13. Same as #12 Richardson t/ 14. Solar Three Co. 330 Crestover Dr. 75080 Dallas 15. Jackson Mfg. Co. P. 0. Box 401329 75240 v 16. Same as #3 17. Same as #3 Z,-----' 18. Gabbarts Inc. 13342 Midway F.B. Dallas L / 19. Crow- McEwen Ltd. 2001 Bryan Tower #3200 75201 20. Same as j19 21. Same as #19 22. Same as 5 _ S it* • i ,,. . ' ir ICE' A 44111_ �` Be PROPERTY OWNERS LIST CASE NO 8Z - 12 LOCATION: / 15. AqI c6 Ark' Are/ NOTICES MAILED; Date RETURNED / NO NAME ADDRESS CITY APP. OPP. N. RESP. Addison ' 23. Dalmas Assoc. Inc. P,,0. Box 1050 75001 24. Rodger Meier Cadallic 4707 LBJ F.B. 25. Bankston & Bankston 4747 LBJ F.B. f Dallas t/ 26. Jess L. Musgrave Co. P. 0. Box 401048 75240 L / 27. Same as # #5 28. Sane as #5 29. Same as #5 - Houston 30. Exxon Co. USA #3903 P. 0. Box 53 77001 Dallas 31. N. Dallas Inv. Co 2525 Steu mns 75207 Dallas 32. Freed Furniture Co. 4355 LBJ 75234 Dallas tr 33. The Members Mutual Tns. Co. P. 0 Box 222127 75222 Dallas 34. Freed Furniture Co. 14068 Brookcrest 75240 Richmond L / 35. Best Products Co. Inc. P. 0. Box 26303 Va. 23260 36. Same as #24 i 37. Same as #25 Downsview 38. Reff Prod. Ltd. 400 Oakdale M3N 1W5 Mario, Ca. !/ 39. Rodger Meier P. 0. Box 34009 F,B. 40. Vantage, 13524 Welch Rd. F.B. Providence 4 ,/ 41. Itt Grinnell Corp. 260 West Exchange RI 2901 Tyler 42. St. Louis Southwestern RR P. 0. Box 959 75710 43. Same as W25` Stanford 44. GTE Prod. Corp. One Stanford Forum ;,T 6904 SUMMA • •ILED NOTICES 11, c) 41 • PROPERTY OWNERS LIST CASE NO. 292 `/',,. LOCATION: F B ar,'k G `4 /er Are-, NOTICES MAILED: Date RETURNED NO NAME ADDRESS CITY APP. OPP. N. RESP, Dallas ✓ f 45. W. R. Jackson Property P. 0. Box 401867 75240 600 46. J. L. Williams & Co. Inc. 8200 Brochriner D Da 75 30th Fl. Dallas 47. Trammell Craw 2001 Bryan Tower 75201 Dallas 48. Crow - Simonton Ltd. 2001 Bryan Tower 75201 Dallas 49. Crow Sub. #3 717 N. Harwood #2222 75201 Minneapolis t/ ,/ 50. Arleen Carleson 12755 St. Hwy. 55 ,MN 55441 51. Same as #42 Dallas 1../' 52. Dallas Power & Light 1506 Commerce 75208 Dallas 1..-/ • 53. American Prod. & Veg. P. 0. Box 401886 75240 54. Regal Crow Inv. Ltd. 13460 Inwood Rd. F.B. 55. Same as #54 56. Same as 54 t...-.."' Dallas t..---.' 57. Harve Schwartz P. 0. Box 12233 75225 Hartford tr` t 58. Hartford Ins. Co. Hartford Plaza Conn. 6115 1 59. Same as #58 Y 60. Same as #58 61. Same as #49 Wilmette V 62. Lst. Fed. Savings 1210 Central Ave. I11. 60091 Dallas ( 63. First Dallas Inv. Co. ` 15820 Midway 75240 64. Mariner N. Dallas J/V 4801 L.B.J. F.B. Dallas I 65. J. C. Penny Co. P. 0. Box 206 75721 Dallas Y 66. Steak & Ale of F.B. #106 P. 0. Box 222102 75222 SUMMARY OF MAILED NOT k 0 , ,4 i '' a B ___ __ I I ` PROPERTY OWNERS LIST CASE NO. �Z -f2• LOCATION: r 129,x Are. 14 NOTICES MAILED: Date RETURNED NO NAME ' ADDRESS CITY APP. OPP. N. RESP. 67. Vincent's Seafood #3 13327 Midway F B . 68. Centre Bldg. J/V P. 0. Box 402087 75240 69. Sane as #68 San Antonio 70. Luby's Cafeterias Inc. P. 0. Box 33069 78233 Dallas 71. City of Dallas 1500 Marilla 75201 • SUMMARY .`. - -- N0 U f 1� , 7 . PROPERTY OWNER LIST ' CASE NO: 6 "1- LOCATION: f 7)// ,/ 1 ! • NOTICES MAILED: /2. (Data') 1 ? RETURNED NO NAME ADDRESS CITY APP OPP N. RESP. Dallas 1. Harold R. Clark P.O. Box 30566 75230 - Dallas 2 Dickey's Property p900 Preston Rd. 75230 3, Same as # 2 - ' / / - Houston 4_ Finger Furniture P.O. Box 194 77001 !/ Stanford 5. GTE Products Corp. bne Stanford Forum,CT. 6904 Denver 6. Mansville Forest Prod. 1.0. Box. 17086 CO. 86211 1.,,.,- Dallas 7 Lincoln Commercial Two Turtle Creek 175219 // Dallas 8 City of Dallas .500 Marilla . 75201 Tyler L/ - 9 St. Louis Southwest RR.0. Box 959 75710 1 'Dallas 10. Dallas Power & Light 1506 Commerce 75201 �/ 11. Same as #1 Dallas 1....„......„._ 12. 1st Nat. Bank #10129 5735 Pineland #24517 1Dallas L./_ .13. Dallas Bank & Trust 1825 N. Industrial 75207• 14. Ilousley Bros of F.B. 5050 Spring Valley!F.B. 1 Houston 15. S & F Investrlt J/V 1980 S. Post Oak 77056 ./' 16. Same as #8 �---- Dallas 17. Robert S. Erwin 13530 Inwood 75240 V Stanford' tanford 18. Champion Int. Corp Dne Champion Plaza CT. 6921 Da17as- 19. James S. Hudson 3131 Turtle Crk. #3■2 75219 Dallas 20. blaryman /floods Prop. 14109 Inwood #40 75240 1.------ m X42 1 'Dallas 2 �l 1 Thomas W.orswor.thy •lcrcantile Nt. Bk. 75222 i)a71as / 22. S.P. Bush Lumber Co. 1'.O.Bo :: 402021 75240 I . SUMMARY J '•IAiL,i:D ' O'I'ICF ' I ‘ 4 ed_ Al 0 MMARY O M 'LED NOTICES ' SF --- 12 PROPERTY OWNER LIST CASE NO : -,.- . LOCATION: 6 At K NOTICES MAILED (Date ETURNED NO NAME ADDRESS CITY ?PP OPP N. RESP . 23. City of Farmers Branch 3607 N. Buckner Dallas 24. ,Preston Hollow Animal Clinic 75228. 25. Same as #24 26. Same as #24 Clevelan 27. Bernard C.Johnson 17850 Northfield Ohio 4416 !/ 1 1 - I _ 1 S E"..:1ARY OF '1.2.'...2r) NOTICES f i ti ..E23 PROPERTY OWNER LIST CASE NO: 83 -11 LOCATION: Clark /Wallterss Prop. NOTICES MAILED: 3-3/ - U (Date) RETURNED NO. NAME ADDRESS CITY APP OPP N. RESP. Dallas 1. Harold R. Clark .P.O. Box 30566 75230 2. Same as #1 _3. Same as #1 x c/o S.F. Ewing Dallas 4. Parkway Invstmt. 14185 Dallas Pkwy 75240 Dallas 5. Lee Housley 5050 Spring Valley 75240 Houston ? 6. Amelang Hall 3222 Hillc,raft 77057 Dallas � 7. D.P.&L. X 1506 Cjumete 75201 C d 1517 W. Front Rd Tyler � 8. St. Louis & Southweste n 75701 l . 1400 Marilla i 9gbf 9. City of Pallas I 1Dallas 10. Dickey Properties 19■11.0 PrestnrLJtcl_ 'S230 11. Same as #10 1 11 12. 13. 14. 15. 16. 17. 18, 19. 20. 21. a r 0 // 22. SUMMARY MAC NOTICES 4k41 T ji g tip (::7---a— • PROPERTY OWNERS LIST CASE NO. gj - n8 w. ow AO LOCATION: watX NOTICES MAILED: (f7 /g Date RETURNED NO NAME ADDRESS CITY APP OPP. N. RESP. Dallas / 1. Ira Silverman 820 Hartford Bld. 6 75201 V Dallas 2. Henry S. Butts, Jr. 14221 Dallas Pkwy 75240 A Dallas - 3. Parkway Inv. E S.F.Ewingl4185 Dallas Pkwy 75240 Dallas 4. Lee Housley 16145 Chalfont 75248 Dallas tr City of Dallas 1500 Marilla 75201 Dallas r 6. Dallas Power & Light 1506 Commerce 75201 V Tyler u// ,- 7. St. Louis & Southwestern_ R.R. 1517 W. Front 75701 SUMMMAR • MAILED NOTICES 0 (0 49 .1141 1 ' � 3 i r 815 Community Service Department MEMORANDUM ■ Date: July 7, 1983 FaRmERs BRanCI -I From: Larry Hurtt To: Tom Scales Subject: Cost for mailing Public Hearing Notices It costs the City of Farmers Branch approximately $1.65 per letter to send out Public Hearing notices plus an additional $12.00 per newspaper article to advertise the hearing. The following is an example of the cost for the Public Hearing for the Old George Estates and the increase in costs if the area is expanded. Number of letters sent = - 37 Cost per Letter = $1.65 Total = $61.05 Newspaper = $12.00 Total = $73.05 Cost if area is doubled = $134.10 Cost if area is trippled = $195.15 6 11/44 8 --- • 4 Cam► . F3R BRBflCM COUNCIL MEMORANDUM From: the Office of the City Manager Date: July 6, 1983 Si b le. ' Agenda Item # D.2 CONSIDER JOINING WITH OTHER TML CITIES IN AN EFFORT TO OPPOSE FEDERAL LEGISLATION - S. 66 REGULATING CATV AND TAKE APPROPRIATE ACTION. INFORMATION: The attached memo details the request by the Texas Municipal League regarding Senate Bill S.66 regulating CATV. The TML proposes to establish a fund to be used to oppose S.66. Each city is asked to contribute lc per capita based on the 1980 census. This would amount to $248.23. S.66 now pending in Congress would virtually eleminate all powers of the City to regulate CATV rates and services. The bill has passed the Senate. The House of Representatives will begin consideration in the near future. All efforts to oppose or change the bill will be before the House. RECOMMENDATION: It is recommended the City of Farmers Branch join with other TML cities in opposition to Senate Bill S.66 and $248.23 be appropriated for participation in this effort. ACTION BY THE COUNCIL: A motion to authorize or not to authorize the City to join with other TML cities in opposition to Senate Bill S.66 and $248.23 be appropriated. ATTACHMENTS; TML Memo PMW /JWW /lw TML TEXAS MUNICIPAL LEAGUE 1020 Southwest Tower Austin, Texas 78701 (512) 478 -6601 'P reen" Jut o S 19 June 29, 1983 in, 6 3 MEMORANDUM GFR TO: TML Member Cities FROM: TML Staff SUBJECT: Cable Legislation Pending in Congress A highly detrimental cable television bill - -S. 66 - -now pending in Congress, if passed, would strip your city of virtually all of its powers to regulate CATV rates and services at the local level. Meeting on June 27, the Board of Directors of the Texas Municipal League voted unanimously to oppose S. 66 and take all actions necessary to defeat it. The Board also voted to ask TML member cities to make a nominal, voluntary contri- bution to offset the cost of outside legal counsel that would be hired to lobby in Washington against S. 66. A summary of the provisions of S. 66 is attached. As you will readily see, passage of this legislation would effectively eliminate all meaningful munici- pal CATV rate- regulatory powers, and leave your city and its residents at the mercy of the cable industry. At your early convenience, contact your congressman and advise him of your city's opposition to S. 66. The bill, which has already passed the U.S. Senate, could move in the House in the near future; therefore, timely action on the cities' part is imperative. Additionally, please use the attached form to let the TML office know whether your city will contribute funds to support efforts in Washington to defeat S. 66. Each city is requested to contribute 1¢ per- capita (based on its 1980 Census population), payable to the "TML Cable TV Defense Fund." A committee of city officials will be appointed to supervise the Fund, and a complete accounting will be furnished to all participants. For further information concerning S. 66, please contact Dick Brown at the TML office. Your assistance is greatly appreciated. I/ Participation Form TML Cable TV Defense Fund City of Your Name & Title ( ) Our city does wish to help finance efforts to defeat S. 66, and enclose a check in the amount of $ payable to the TML Cable TV Defense Fund. (Each city's pro rata share is $0.01 x 1980 population + amount.) ( ) Our city cannot participate. • Summary of S. 66, The Federal "Cable Communications Act of 1983" A. Background During the past four years, the National League of Cities (NLC) and the National Cable Television Association were involved in a series of intense congressional battles over CATV - related legislation. Claiming that it was being suffocated by municipal overregulation and overtaxation, the cable industry pushed for federal legislation to severely limit the regulatory authority of cities. NLC fought the legislation on the basis that municipal controls were necessary to protect the interests of local cable consumers and the general public. Concerned that the politically - potent CATV industry would eventually prevail in the congressional struggle over this issue, the NLC board of directors met with the cable operators this past March and agreed to a compromise bill --S. 66. In early April, the TML office furnished all member cities with a detailed description of the compromise. With strong support from NLC and the cable industry, S. 66 handily passed the U.S. Senate on June 14. The battleground has now shifted to the U.S. House of Representatives, where opponents of the measure expect to have a better chance of crippling or defeating the bill. As is indicated below, the so- called "compromise" to which NLC agreed is heavily biased in favor of the cable industry. Cities currently exercise vir- tually unlimited CATV regulatory powers; however, if S. 66 becomes law, many of those powers will be abolished and CATV operators will be free to do pretty much as they please at the local level. B. Key Provisions of S. 66 1. Abolishment of City Regulation Over Basic Service Rates For a 5 -year period after the effective date of S. 66 (or one -half of the remaining life of the city's franchise, whichever is greater), cities could continue to regulate monthly subscriber rates for basic (Tier One) services. But, during that period, local cable operators would have the unilateral authority -- without the city's consent - -to make yearly increases in Tier One service rates in an amount equivalent to the increase in the Consumer Price Index. Upon the expiration of 5 years, the regulatory powers of cities over Tier One rates would be totally abolished, and local cable operators would be free to increase basic service charges without limitation. (Note: Two excep- tions from this provision are provided. Upon expiration of the 5-year transi- tion period, municipal,ratemaking powers would be continued: (a) in any city where 80% or more of all households subscribe to the basic service offered by the particular franchisee; and (b) in any city served by fewer than four TV broadcasting stations. Even in those cities, however, cable operators would still have the unilateral right to impose annual increases according to the rate of increase in the Consumer Price Index.) 2. Abolishment of City Regulation Over Other Rates For Tier -Two and Tier -Three services, city rate regulation would totally expire upon the effective date of S. 66. 3. Limitations on Municipal Franchise Powers S. 66 would grant cable operators what amounts to almost an absolute right to have their franchises renewed. Under t11: bill, the city would be required to renew an expiring CATV franchise unless it can be shown that: (a) the cable operator failed to comply with the requirements of the franchise; (b) the operator was convicted of a felony; or (c) the operator made unreasonable demands in his or her franchise renewal application. Additionally, S. 66 would require the city council to review, de novo, any previous decision not to renew a franchise if the operator can show that the city failed to provide an opportunity for consideration of all related issues or failed to arrange an independent review of its decision not to renew the franchise. Additionally, S. 66 invalidates all municipal franchise provisions in conflict with the Act. 4. Abolish City Limitations on Crossownerships S. 66 bars cities from prohibiting a person from owning a CATV company by reason of his or her ownership of other media. 5. Other Provisions S. 66 contains several other provisions which preserve certain existing muni- cipal powers to control the overall performance of CATV operators. (See NLC summary and copy of S. 66, attached). However, these provisions do not alter the bottom line effect of the legislation - -that being the abolishment of muni- cipal ratemaking authority and preemption of local CATV regulatory powers by the federal government. • Ft. Worth Star Telegram ■ 6/24/83 e C • on ca By .10E BEL1, star- Telegram Writer Lill h■ Fort Worth officials, cities "We are suggesting cities in other ton law firm coordinating the lobby across the nation are oreanizing a states set up some kind of grass• ing for the cities. coalition for a final showdown in roots organizations (similar to the Bolen has branded the Senate hill the U.S. House over who will control Texas coalition)," McKinney said. as "self- serving Iegislation" for the cable television. "We are not limiting this to munici- cable industry to "get out of con- Officials of 21 cities in 16 states palities. We are seeking to re- inter- , tracts ° negotiated with Fort Worth and the District of ('olumbia partici - est and involve community groups and cities throughout the country. pated in a telephone conference previously active in cable franchis In response, National (.able Tele- Thursday afternoon with Fort ing." vision Association President Torn Worth Assistant City Manager Ruth Fort Worth Mayor Bob Bolen, rec- Wheeler has called Fort Worth and Ann McKinney to shape the nation- ognized as a national leader of the other cities opposing the Senate bill wide lobbying effort. fight against the bill, has spent the a few "renegades" wanting to keep week drumming up support from the cable industry unfairly shac- Oreanizing at the state level is the mayors in Texas and in other states. kied with local regulations. Texas Coalition for Cable Consumer Interests, which will be financed by ' said the Cty Council's Cable In addition to overcoming the contributions from participating Television Committee has recom- strong cable industry lobby, the cit- cities at t he rate of l cent per capita mended that Fort Worth "continue les also face a time limit. The House population. to protect the interest of Fort Worth Subcommittee on Telecornmunica- The aim of the intensified lobby- citizens" through the lobbying task tions is trying to have a .able bill ing is to overcome a legislative de- force. ready by the end of July. McKinney feat on June 14 when the Senate "We have polled what we think is said. passed a bill that creates a national a representative group of Texas cit policy for deregulating cable sys- ies — some large, some midsize and tents. The bill is now in a House some small," McKinney said. "Be committee. cause of the near unanimous re The task force representing the sponse (to organize for the legisla- tive fight in the House), we will cities will seek to amend the House begin contacting all Texas cities version of the bill to allow more next week." local control of ca ble TV f ranchises. The Texas coalition has hired for After the Thursday conference, mer Dallas City Councilman Sid McKinney traveled to Washington. Stahl, an attorney, to coordinate the D.C., and was to meet with repro- lobbying strategy. sentatives of other cities to organize On the national level, the cities the national task force and begin have employed the law firm ofPres developing legislative strategy. ton, Thorgrimson, Ellis & Holman of She said the cities are trying to Washington, D.C. overcome a powerful cable lobby, "The National Cable Television which has been "working" Con- Association simply outlobhied the gress for the last three years to cities" in the Senate, said Nicholas achieve deregulation. P. Miller, member of the Washing Page 2 City- related amendments that were not passed included: (1) an amendment offered by Senator Lloyd Bentsen (D -Tx) to grandfather existing franchises, defeated by a 79 -19 vote; (2) an amendment offered by Senator Alan Dixon (D -I11.) to prohibit automatic increases in basic service rates by increases in the CPI, defeated 72 - 26; and (3) a second Dixon amendment to give cities broader discretion in franchise renewal proceedings, defeated by 82 - 16. An amendment, sponsored by Senator James Abdnor (R- S.D.), that would have subjected two -way services provided over cable systems to public utility commission regulation was defeated by a 55 -44 vote. The effect of this amendment, opposed by committee leader- ship, would have been to make the provision of two -way services over cable systems very difficult, thereby ensuring that the pre- sent revenue base of the telephone network would not be eroded as a result of competition from cable companies. The Subcommittee on Telecommunications, Consumer Protection, and Finance of the House Energy and Commerce Committee held hearings on cable legislation on May 25 and a second hearing is scheduled for June 22. Representative Timothy Wirth (D- Colo.), Chairman of the Telecommunications Subcommittee, has indicated plans to move cable legislation this year. House legislation is likely to be introduced in late July. Attached is a summary of the bill and the text of the bill, as approved by the Senate. Page 4 what programming services (other than governmental access pro- gramming, which may be determined by the city) are provided over the system. ACCESS Existing franchises. Existing provisions of franchise agreements which require the set aside of channels on institutional or sub - scriber networks for public, educational, governmental, and third party leased access will remain in effect for the life of the franchise under section 613(f). In any case in which a Request for Proposals (RFP) was issued prior to October 1, 1982, whether or not later modified or replaced, access requirements susequently established in a franchise, even if that franchise is granted after the bill's date of enactment, will remain in effect for the life of the franchise. Rules and procedures for the use of these grandfathered access channels established by the franchise are also grandfathered (Sec. 613(f)). New franchises. Under any franchise granted after the date of enactment (unless the RFP was issued prior to October 1, 1982 in which case access requirements in any franchise resulting from that RFP are grandfathered), a city may require the set aside of channels on institutional or subscriber networks for public, educational, and governmental access both during initial fran- chising and refranchising (Secs. 606(a) and 613(b)(1)). In addition, a franchising authority may request or indicate a pre- ference in the RFP for the set aside of channel capacity for third party leased access (Sec. 606(a)) and an offer to set aside channels for third party leased access may be included in the franchise agreement and enforced for the life of the franchise. Rules and procedures for the use of access channels may be estab- lished in the franchise agreement (Sec. 606(b)). Use of access channels by cable operator. Under section 606(c), a cable operator may combine access programming on a smaller number of access channels until there is sufficient demand for use of all the access channels required by the franchise for access purposes. Rules and procedures governing the combination of access programming and the use of access channels by the cable operator may be established in the franchise agreement under section 606(b). Access facilities. Under section 613(b)(2), a franchising authority may require the construction of access studios and dedicated institutional networks as well as the provision of cameras and vans in the RFP. Any requirement for the provision of access facilities in an existing franchise or any franchise . resulting from an RFP issued prior to October 1, 1982 is grandfathered for the life of the franchise (Sec. 613(f)). Page 6 etc.) provided over cable systems may not be subject to regula- tion (Sec. 607(9) (2)(A)). The cable operator, however, may be required under that provision to file an informational tariff specifying rates, terms, and conditions with a state and may be prohibited from changing those rates, terms, and conditions until a new tariff is filed. The rates for a particular intrastate telecommunications service provided over a telephone system shall be deregulated by a state under section 607(g)(3) when that service is subject to effective competition from another provider such as a cable system. SERVICES Existing franchises. Any provision of an existing franchise or a franchise agreement resulting from an RFP issued prior to October 1, 1982 which requires the provision of particular services (e.g., a particular programming service such as HBO) or partic- ular types of services (e.g., children's programming) is grand- fathered (Sec. 613(f)) regardless of whether the service require- ment was mandated or the result of arm's- length negotiations. New franchises. Any franchise granted after the bill becomes law (except for a franchise resulting from an RFP issued before October 1, 1982 which may have established particular service requirements as a condition of the franchise) may require the provision of any particular service offered in the operator's proposal. In addition, nothing in the bill precludes the city from specifying in its RFP its preference for particular services or types of services. Particular services, however, may not be unilaterally mandated in the RFP. Significant changes in circumstances. A cable operator may re- move or replace a particular service specified in the franchise under section 613(d)(1) if there has been a significant change in circumstances since the cable operator made its proposal. According to the committee report (S. Rpt. 98 -67), a cable opera- tor may remove or replace a particular service when a service is not available (i.e., a particular service goes out of business), the cost of providing a service has increased significantly, the quality of a service has deteriorated, or a service is not viable due to changes in marketplace conditions beyond the operator's control. Section 613(d) (1), however, does not create a right to eliminate access channel requirements, according to the committee report. Moreover, removal of a particular service required by a franchise under section 613(d)(1) without a revision of the franchise agreement should constitute a violation of the franchise, estab lishing a basis for the city to deny renewal under section Page 8 FRANCHISE FEES Limitation. A franchise fee may not exceed five percent of the gross revenues derived from the operation of a cable system (Sec. 608(b)). Current FCC regulations restricting the franchise fee to three percent (unless greater regulatory costs are shown and the FCC grants a waiver in which case the franchise fee may go up to five percent) are eliminated. According to floor debate on the franchise fee cap, the limit does not in any way restrict authority to impose utility taxes or other taxes of broad appli- cability such as sales taxes which are imposed on other taxpayers in addition to cable companies or cable subscribers. In addition, assessments which are incidental to the enforcement of a franchise agreement (e.g., bonds, security funds, penalties, insurance) are not affected by this limitation (Sec. 608(d)(2)). Grandfathering of access payments. Section 608(b)(1) specifi- cally grandfathers any contribution or similar payment which is in addition to a five percent franchise fee and is required by an existing franchise for the purpose of facilitating the use of access channels. RENEWALS Renewal test. A franchising authority is required to renew a franchise only if the cable operator complies with section 609's procedures and the franchising authority finds compliance with each provision of a strict five part test. The franchising authority may issue a complete RFP and consider competing appli- cations during the renewal process. In other words, the reason- ableness of the incumbent's proposal may be determined by com- paring it with the applications of other potential cable opera- tors. Under section 609(a), a franchising authority may reject an incumbent's application for renewal if it finds that: (1) the incumbent has not complied with the terms of the existing franchise; (2) there has been a material change in the incum- bent's legal, technical, or financial qualifications; (3) the cable system facilities proposed in the incumbent's application are not reasonable in light of the community need (i.e., communi- ty need for an up -to -date system) for and cost of the cable sys- tem facilities; (4) the technical quality of the system's signal has not met FCC standards; or (5) the proposals are not reason- able in other areas- -e.g., the particular services or the set aside of system capacity for access uses proposed by the incum- bent do not meet the community's needs. Page 10 PROHIBITION OF COMMON CARRIER OR UTILITY REGULATION No common carrier or utility regulation. Section 614, which pro- hibits common carrier or utility regulation of any service pro- vided over a cable system other than basic telephone service, will effectively prohibit the substitution of state regulatory requirements for franchise requirements. If traditional public utility regulation of cable systems is not restricted, a state public service commission (PSC) may prohibit or impose unreasona- ble conditions on the provision of two -way services over cable systems. Assertion of PSC jurisdiction over these services, as is occurring in several states, will mean that franchise require- ments governing the provision of two -way services are nullified and superseded. Affect on leased access requirements. Section 614 does not affect provisions of franchise agreements requiring the set aside of system capacity for leased access or guaranteeing access to the system, including the institutional networks, on a nondis • criminatory basis. Section 614 prohibits the unilateral imposi- tion of common carrier or utility regulation, but does not pro- hibit the establishment of such regulation through franchise negotiations. EFFECTIVE DATE Grandfathering. Access, service, and facility requirements in existing franchises or those resulting from any RFP issued prior to October 1, 1982 are grandfathered. Required payments or fees to facilitate the use of access channels in existing franchises are not affected by the five percent cap on franchise fees. The regulation of basic service rates in communities for which dereg- ulation of rates is required is grandfathered under existing franchises for the longer of five years or one half the remaining life of the franchise. California law governing regulation of basic service rates is grandfathered for the longer of five years or the remaining life of the franchise. Other provisions. Other provisions of the bill, including the franchise renewal, privacy, and ownership provisions, take effect on the bill's date of enactment (Sec. 4). Under section 2(b), however, franchise requirements and other laws which are not grandfathered by the bill and are in conflict with the bill's requirements may remain in effect until six months after enact - ment of the bill. * * * 0 S 8326 CONGRESSIONAL RECORD— SENATE June 14, 1983 • or other interests, i ncluding broadcast, graining on such cable s•stem, except for case of any franchise in existence prior to cable, newspaper, programing service. or programing on government access channels, the date of the enactment of the Cable other printed or electronic information serv- unless such State or political subdivision or Telecommunications Act of 1983. if the ice. agency thereof, or franchising authority. es- rates charged to subscribers for the provi- " (b)( 1) Notwithstanding the provisions of tablishes an independent board or a sepa- sion of basic services are subject to regula- subsection (a) of this section. for the pur• rate management company. Such board or tion or are restricted by any State or politi• pose of ensuring fair and equitable treat- company shall not include any State or local cal subdivision or agency thereof, or any ment of United States cable enterprises office holder. franchising authority. The provisions of seeking access to markets in a foreign coun- ACCESS CHANNELS this paragraph relating to existing rate reg• try, the Commission shall have authority "S 606. (a) A cable system operator may ulation of basic service shall be applicable conduct inquiries applicable to foreign per- r• sc. for a for of 5 years following the date of sons from that country seeking access to do be required• as part of the franchise request the enactment of such Act, or for a period mestic markets to the United States in con - f0r proposals. to dedicate or set aside chars. the equal a to one-half of the period of the rt- nection with the construction. ownership Weis for public. educational or governmental maining term of such franchise, as of the and operation of cable enterprises as to users. and the cable system operator may date of the enactment of such Act, which- whether such United States cable enter- offer in a franchise to dedicate or set aside ever is greater. The provisi e ons of paragraph Prises are permitted fair and equitable channels for other channel users. (1) shall be applicable to any renewal or access to such foreign markets. "(b) The franchising authority and the other extension of any such franchise. •'(2) The Commission shall submit any in- cable operator may establish rules and pro- (3) The provisions of paragraph (1) of formation obtained through such inquiries cedures for the use of the channels set aside this subsection shall not be applicable to the United States Trade Representative or dedicated pursuant to this section. where the cable system is subscribed to by to assist the Trade Representative in his (c) Until such time as there is demand identification and analysis of acts. policies for each channel full time for its designated at Least ; 80 percent of the residences to or practices 6rhich constitute significant use. public, educational, governmental. or which cable service is available, unless the barriers to. or distortions of. United States other channel programing may be combined cable operator demonstrates that 90 percent by the cable system operator on one or more of the time, adequate on -site reception of exports of services. the four television signals is available 'Lo • (3) For purposes of this subsection, the channels, and to the extent time is available more than 50 percent of the households to term 'foreign persons' includes any individu- on such channels, they may be used by the al who is not a citizen of the United States, cable system operator for the provision of which cable service is available. Such a de any subsidiary (although established under other services. termination shall be made by the Commis- the laws of the United States or any State REGULATION or RATES AND sion. Failure by the Commission to make a tn determination within 180 days after the thereof) of a corporation or other business "Sec. 607. (a) Nothing in this title shall be filing of an application by the .cable opera - entity which was established under the laws construed as prhibiting any State or politi- tor shall be deemed to be a .determination of a foreign country. any corporation or cal subdivision or agency thereof, or fran- that such satisfactory reception is available. laws of a ss entity established under the chising authority, from establishing, fixing, "(e) No executive agency al the United foreign country, or any corpora- or otherwise restricting the rates charged States, including the Comtuission and no tion or other business entity - established by cable operators— State or political subdivision or agency under the laws of the United States or any "(1) to subscribers for the receipt of basic thereof, or franchising authority, shall have State thereof. if 25 percent or more of the service, authority to regulate or restrict the rates capital stock or equivalent ownership is "(2) to subscribers for equipment eo or sales d to the same al se ad ©r reconnection, d neces econnection, itionts owned or controlled by an individual who is nary for the receipt of basic service, and for No execu tive agency the envy eq ency n pme of d sets not a citizen of the United States or by a "(3) to subscribers for equipment which subscriber, No execu t corporation or other business entity estab- facilitates the reception of basic service by Commission, and United no lished under the laws of a foreign country, hearing impaired individuals. States, or any subsidiary of a corporation or other "(b)(1) Any rate regulated pursuant to State or political subdivision or agency business entity established under the laws this section may be increased annually at thereof. or franchising authority, shall have of a foreign country. the discretion of the cable operator by an authority to regulate or restrict the provi "(c)(1) Notwithstanding the provisions of amount not to exceed the regional consum- sion of or nature of cable services offered subsection (a) of this section. a State or po- er price index for the preceeding 12 months. over a cable system except as provided in litical subdivision or agency thereof. or Fran- upon 30 days prior notice. The ability to section 613 of this Act. chising authority. may not acquire an own- affect such increases shall be cumulative for "(gX1) No executive agency of the United ership interest in any cable system pursuant not more than 3 successiveyears. States. including the Commission. and no to a buy -back provisions of a franchise or re- "(2) Nothwithstanding the - provisions of State or political subdivision or agency quire a sale of a cable system to any other paragraph (1) of this subsection. nothing in thereof, or franchising authority, shall have person pursuant to a franchise. upon the ex- this title shall be construed as prohibiting authority to regulate or restrict the provf- piration of the franchise, unless such State, any State or political subdivision or agency sion of or nature of telecommunications subdivision. agency, authority, or person ac- thereof, or franchising authority, from pro- services offered over a cable system, except quires such ownership or interest at not less viding that such automatic increases shall with respect to the provision of basic tele- thon fair market value based upon the on- not apply to a franchise which is in exist- phone service. intrastate telecomrnunica- going business value of the system. In the ence on the date of the enactment of the Lions services. and except as provided in sec- event that the cable operator and a State or Cable Telecommunications Act of 1983 and Lion 613 of this Act. political subdivision or agency thereof; or which provides for a fixed rate for basic "(2)(A) Subject to the provisions of sub- franchising authority, are unable to agree service over a specified period. paragraph (B), a State may require only the upon any such fair market value, then the "(c) Notwithstanding the provisions of filing of informational tariffs for intrastate matter of determining lair market value subsections (a) and (b) of this section, a telecommunications services that would be shall be submitted to binding arbitration. cable system operator may automatically in- subject to regulation by the Commission or For purposes of arbitration each of the af- crease basic service rates which exceed the any State if of fered by a common carrier fected parties shall select one arbitrator and basic rates allowed pursuant to subsection subject, in whole or in part, to title II of this the two arbitrators so selected shall choose (a) or (b) of this section if— Act, which are offered over a cable system. a third arbitrator. "(1) such operator has requested the in- Such informational tariffs shall specify only "(2) Notwithstanding the provisions of crease in rates; and the rates, terms. and conditions for the pro paragraph (1) of this subsection, in the "(2) the request is not acted on within 90 vision of service and shall take effect on the event of termination for cause of a Iran- days following the date of its receipt. date specified therein. chise due to a material breach, a State or "(d)(1) Notwithstanding the provisions of "(B) Subparagraph (A) shall not apply to political subdivision or agency thereof, or subsection (a) of this section, the authority any private telecommunications service franchising authority, may acquire an own - to establish, fix.. or otherwise restrict the which is a discrete service dedicated to a ership interes in such cable system but rates charged to- subscribers for the provi- single customer and operated by such cus- only upon written notice of the breach, rea- sion of basic services set forth in subsection tomer. sonable opportunity to remedy the breach. (a) of this section, except to the extent oth- "(3) A State shall deregulate the provision and other due process. Any such termina- erwise provided in paragraph (2) of this sub- of intrastate telecommunications services if tion shall be subject to de novo review by a section. shall not be applicable in any case it finds that such services are subject to ef- court of competent jurisdictie,ai. where the cable system is located within the festive competition. s(d) rn any case in which any such State, grade B contour of not less than four televi- "(4) For purposes of this subsection. an in- subdivision. agency, or authority has or ac- sion signals of which there shall be one af- trastate telecommunications service shall be quires any such ownership or interest, such flliate of each of the three major television considered to be subject to effective cornpe- State. subdivision. agency, or authority networks. tition in a particular geographic area or shall, in no case. own or control. directly or "(2) The provisions of paragraph (1) of market if there are reasonably available al- indirectly, the content of any of the pro- this subsection shall not be applicable in the ternatives. In determining whether there 6 S 8328 CONGRESSIONAL RECORD — SENATE June 14 . 1983 •• IUMINA1. AND CIVIL LIABILITY franchise and in accordance with the provi- "DECLARATION • •SEc. 612. Nothing in this title shall be sion thereof. For purposes of this subset- "SEC. 8. The Congress declares that com- deerned to affect the criminal or civil iiabili- Lion. a franchise agreement containing such petition is a more efficient regulator than ty of channel programers or cable operators' requirements shall be considered to have government of the provision of diverse coin- pursuant to the law of libel, slander. otascen- been in effect on such dace of enactment if munications services and as competition ity. incitement, invasions of privacy, false or such agreement was the result of a fran- continues to develop. the deregulation of misleading advertising. or other similar chise proceeding for which a request for communications services should occur. ". lams. except that cable operators shall not Proposals was originally issued. however incur such liability for any program carried subsequently modified or replaced, on or • EFFECTIVE DATE on any public. educational. governmental. or prior to September 30, 1982. SEC. 4. The provisions of this Act and the other channel referred to in subsection (a) "No itECVI.ATrort AS COMMON CARRIER amendments made thereby shall take effect of section 606. or for any program required upon the date of enactment of this Act. b "SEc. 614. No executive agency of the y taw to be ca -rind on arLV other channel. REDESICNATION United States. including the Comr ision "PROGRAMING.. SERVICES, AND FACILITIES and no State or political subdivision or SEC 5. The existing title VI of the Com- ''SEc. 613. (a) No State or political subdivi- agency thereof, or franchising authority, munications Act of 1934 is redesignated as sion or agency thereof. or franchising au- shall have authority to impose on a cable title VII. and sections 601 through 609 are thority, may require the provision of partic- system regulation as a common carrier or a redesignated as sections 701 through 709. ular programing or other broadband sea•- utility to the extent that such cable system respectively. ices. or facilities. equipment. services. or provides broadband telecommunications Mr. HATFIELD. Mr. President, I other items of value which are not related service other than basic telephone service. ". move to reconsider the vote by which to the provision of broadband telecommuni- EXCUYSIVE JURISDICTION the bill was pawed. cations service. "(b) A franchising authority may require. SEC. 2. (a) Except to the extent otherw Mr BAKER. I move to lay that as part of the franchise request for propos- specifically provided in title VI of the Corn- MOtion on the table. als— munications Act of 1934, as added by the The motion to lay on the table was - (1) channel capacity for public. educa- first section of this Act and as provided in agreed to. • tional or governmental access purposes; and section 607 of such title, the Federal Gov- Mr. BAKER. Mr. President, I wish - (2) the construction of cable system tacit- ernment shall have exclusive jurisdiction end the distinguished chair ities or provision of other cable - related over broadband telecommunications 0 co a tions regard man of the Commerce . Committee c ir equipment. ing matters covered by such title. (Senator PACKWOOD) and the Senator (c) A cable operator may offer. but may (b) Any law of any State or political subdi• not be required to provide, as part of basic vision or agency thereof. or franchising au- from Arizona, the chairman of the service or any other tier of service— thority, in effect on the effective date of Subcommittee on Communications "(1) channel capacity for other access title VI of the Communications Act Of 1934, (Senator GOI.DWATER), the Senator uses: and as added by the first section of this Act. from Kentucky, and others who par - •(2) particular services. which is in conflict with the provision of "(d) The cable operator may replace or subsection (a) of this section relating to the Sen eo in the deliberations This the remove a particular service specified in the Senate on the cable TV bill. This iS an cable franchise as part of the basic service exclusive jurisdiction of the Federal Gov important measure which was hotly ernment, shall be deemed superseded. as of or any ocher tier of cable service or telecom- the expiration of the 6 -month period follow- debated and adopted in a fairly munications service in any case in which ing the date of the enactment of this Act, prompt manner. there has been a significant change in cir- and shall thereafter be null and void and of I extend my congratulations to their cumstances since the cable operator's offer no effect. for the efficient management of this to provide such service_ The cable operator (c) Except to the extent otherwise pro- important matter. may not be required to retain a specified vided by this Act and the amendments made Mr. President, as I have already an - service in any particular category of service thereby. any State or political subdivision or a other than basic service pounced, there ill be no more record "(2) In any case in which a cable Operator agency thereof, or franchising authority, votes to submits a showing th may exercise jurisdiction over matters at, as a result of a sig- submits change in circumstances. Particular which are of strictly local concern and which are necessary for reasons of public facilities and equipment required by the health. safety and welfare. including the ORDERS FOR WEDNESDAY franchise are economically. technically. or terms and conditions for the granting of a ORDER FOR RECESS UNTIL 9:30 A.M. TOMORROW otherwise impracticable. the franchising au- franchise, the construction and operation of IV1r BAKER. Mr. President. I ask thority shall enter into negotiations with a cable system. and the enforcement and ad- unanimous consent that when the the cable operator for the termination ministration of a franchise. modification. or deferral of such require- Senate completes its business today it ment. If such tears and conditions cannot NEW AND ADDITIONAL SERVICES stand in recess until the hour of 9:30 be agreed upon within 45 days. the matter Ssc. 3. Title I of the Communications Act a.m. tomorrow. shall be submitted to binding arbitration. of 1934 is amended by inserting after section The PRESIDING OFFICER. With- For purposes of arbitration. each of the af- 6 the following new sections: out objection, it is so ordered. tested parties shall select 1 arbitrator and the 2 arbitrators so selected shall choose a - NEW AND ADDITIONAL SERVICES ORDER FOR REDUCTION IN LEADERSHIP TIME third arbitrator. The existing franchise pro- "SEC. 7. (a) Consistent with sound spec- TOMORROW visions. except for those a hick are the sub- tram management. the Commission shall, to Mr. BAKER. Mr. President, I fur - ject of arbitration. shall not be affected by the maximum feasible extent, encourage then ask unanimous Consent that — and the arbitrators' final decision. the introduction of new and additional serv- "(e) Except as provided in subsection (c) ices by new applicants, existing licensees. or may •I say, by the way, that I have of this section. a franchising authority mac, other persons. In any proceeding in which talked to the minoritj leader about m accordance wan the provisions of this new or additional services are proposed. this and he is agreeable — tomorrow section. enforce anv offer to provide partic such services shall be presumed to be in the the time allocated to the two leaders ular basic service set forth In subsection (c) public interest whenever the Commission under the standing order be reduced or particular cable services or telecommuni- finds that such services are techically feasi- to 5 minutes each. cations services or cable system facilities or ble without causing significant technical The PRESIDLNG OFFICEt . With - cable - related equipment offered by a cable degradation to or interference with radio out objection. it is so ordered. operator provided that the provision of such transmissions by other licensees. services. facil. es. or equipment is specifi- "(b) Any person may file with the Com- ORDER FOR THE RECOGNITION Or SENATOR tally required by the franchise agreement. mission a petition to establish or an applies- JACKSON ON TOMORROW - ft) Notwithstanding Lhe preceding provi- tion to offer a new or additional services. Mr. BAKER. Mr. President, I ask sons of this section, in any case in which a "(c) The Commission must determine unanimous consent that, after the ree- franchise agreement m effect on the date of whether the new or additional service pro- ognition of the two leaders under the the enactment of the Cable 1 _lecommunica posed in a petition or application is in the standing order. the distinguished Sen- Lions Act. of 1983 requires the cable operator public interest within 1 year after such yeti- ator from Washington (Mr. JACKSON) to provide particular programing, services, tion or application is filed. If the Commis - facilities, cable related equipment. or than- sion initiates Its own proceeding for a new be recogn on a special order of not nel capability for access uses. such require- or additional service, such proceeding must to exceed 15 minutes. ments. subject to subsections (d) and (e). be completed within 12 months after it is The PRESIDING OFFICER. With- shall remain in effect for the term of the initiated. out objection. it is so ordered. FaRmeRs BI 2fCH COUNCIL MEMORANDUM From :the Office of the City Manager Date: July 7, 1983 Subjvot: AGENDA ITEM NO. D.3 CONSIDER OPPOSING DALLAS COUNTY APPRAISAL DISTRICT BUDGET AND 'TAKE APPROPRIATE ACTION. EXPLANATION: This item has been placed on the agenda at the request of Mayor Dodd. PMW:rap Information from Mesquite attached. CITY OF MESQUITE Mrs. Brunhilde Nystrom, Mayor Phil Young, Mayor Pro Tem June 29, 1983 Bill Blackwood, Councilman Vernie G. Erwin, Councilman John W. Childs, Councilman Jimmy L. Culver, Councilman Joe D. Goggans, Councilman Honorable Mayor and City Council Members • City of Farmers Branch P.O. Box 340435 Farmers Branch, TX 75234 Dear Council Members: The City Council of the City of Mesquite has reviewed the Dallas County Appraisal District"'s preliminary 1984 budget. We would like to share with you our belief that the funding requested is excessive and to solicit your support in obtaining a more reasonable budget for 1984. The preliminary budget proposal increases DCAD total funding from $8,416,638 in 1983 to $9,540,470 for 1984, or an increase of 13.4 %. It is our belief that such an increase is unwarranted. The District's work program in normal progression should require less resources than in 1983. Attached is a copy of a recent Dallas Times Herald editorial which reflects our concern. We request your consideration and action in making your views known to the DCAD Board. Very truly yours, 1 14 9 44-e-milL-1-2.411b 7 a.&49-44Cd Mrs. Brunhilde Nystrom Mayor BN /lp Encl. MUNICIPAL WAY AT GALLOWAY MAIL ADDRESS, BOX 137, MESQUITE, TEXAS 75149 TELEPHONE 288 -7711 II . - - a as Times He LEE J. GUITTAR THOMAS R. McCARTIN Chairman of the Board Publisher KENNETH P. JOHNSON JON T. SENDERLING Editor Editorial Page Director 22 -A • Saturday, June 11, 1983 Slow tax d istrict spending � g ' If it needs to be said, countywide apprais- when other government entities are cutting al districts were created in Texas two years back, the district is increasing its number of ago to make the property tax system fairer and employees, is going to more costly computer more efficient — not to add a new aggrandiz- operations and is proposing a 8 percent salary ing layer of government to the already bloated increase for district employees (twice the size bureaucracy. We make the point because the of the salary increases approved for state em- Dallas County Appraisal District is growing ployees by the Legislature). larger by the year and the time has come to For the most part, the DCAD has done a sioW it down. good job in reappraising property and making DCAD administrators are requesting a followup evaluations to keep appraisals cur - 12.5: percent increase in the district's budget rent. It is accomplishing its mission. However, for ;1984 (which would require a 25 percent that mission also must include efforts to cut hike in payments from the 41 local govern- costs to local governments. ments and taxing entities that support the dis- Some savings, of course, will be realized trict). The DCAD completed its most burden- when all the participating local governments some task — reappraising more than 600,000 completely phase out their tax departments. pieets of property in the county — in 1982, but But the new appraisal district provides reason the proposed budget for next year is 16.4 per- for concern when its budget continues to grow cent higher than the budget two years ago. each year — even after the major task of prop- Most local governments had expected the erty reappraisal has been completed. agency's budget to decline aftcsr 1982, and Local governments will have to approve DCAD director John Marhsall predicted in the district's proposed $9.5 million budget. We 1981 that the DCAD budget "would even out" think the DCAD's board of directors should of ter the countywide reappraisal was scale back the request, as it did last year, and completed. that the local governments involved should in- But the district's budget continues to sist on a fiscal study of how the DCAD can climb — and at a rather steep rate. At a time become more frugal in its operations. II/ COUNL It_ MEMORANDUM FROM: THE OFFICE OF THE ClTY MANAGER DATE: MAY 31, 1983 AGENDA ITEM 0O. D.4 SUBJECT: CONSIDER AUlHUKllIN& 1HE EXECU)lUN OF AN ACKEEMENl WllH RIEWE AND WlSCHMEYEK, lNC. FOR THE DESIGN OE THE kEPLACEMENl UF THE MARSH LANE WAlEK PUMP STA)lON, AND TAKE APPROPRIATE AC|lUN EXPLANATION: THE CITY S7AFF HAS DISCUSSED WITH THE CITY COUNCIL 1HE URGENCY Of THE NEED FOR THE REPLACEMENT OF THE MARSH LANE WA1ER PUMP STATION. 11 15 ESTIMATED THAT IT WILL TAKE APPROXIMATELY SIXTEEN (16) TO TWENTY (20) MONTHS TU DESIGN AND CUNSlKUCl THIS PUMP STATION. IF THIS PUMP STATION IS 10 BE IN SERVICE BY THE SUMMER OF 1985, If 15 IMPERATIVE THAT 1HE ENGINEERING DESIGN BE STARTED AS SOON AS POSSIBLE. IT 15 REQUESTED THAT THE FIRM OF RIEWE AND WISCHMEYER, INC. BE EMPLOYED TO DESIGN THE NEW POMP STATlON. THE ELL TO BE PAID TO THE CONSULTING ENGINEER 15 IN ACCORDANCE WIlH THE NATIONAL SOCIETY OF PR8FESSlUNAL ENGINEERS BASIC ENGINEERING FEE CURVE AND IS ESTIMATED 10 BE $175,000.00. IF THIS CONlACT IS AU)HORIZE0, APPROXIMATELY $5O,000.00 WILL BE REWIRED TO BE APPKUPKlATED FOR CUSlS IN THE CURRENT BUDGET YEAR. THE REMAINING ENGINEERING FEE WOULD BE BUDGETED IN THE 1983-84 BUDGET, AS WELL AS THE CUNSTRUCTlUN COSTS OE THE PROJECT. RECUMMENUAllUN: THE STAFF RECOMMENDS THAT THE CONSULTING ENGINEERING FIRM OF RIEWE AND WlSCHMEYER, INC. BE EMPLOYED TO DESIGN THE NEW MARSH LANE WATER PUMP STATION. ACTION BY COUNCIL: HUTIUN 10 AOlHUKlLE AN AGREEMENT WITH KlEWE AND WISCHMEYEK, INC. FOR ENGINEERING SERVICES lQ DESIGN THE NEW MARSH LANE WATER PUMP S\ATIUN OR OTHER ACTION APPRUPRlAlE BY THE CITY CUUNClL. PMW:ED:lK ATTACHMENlS: 1. BALK-UP MEMO 2. AGREEMENT PUBLIC WORKS DEPARTMENT Ili!!!!::::1/ M E M O R A N D U M DATE: June 24, 1983 FaRmeRS BRafCH FROM: Earl Deland, Jr. i'AL Direct of Public Works TO: Paul M. West City Manager SUBJECT: Replacement of Belt -Marsh Pump Station The existing Belt -Marsh Pump Station is approximately twenty (20) years old, with many of the existing motors having been rewound and rebuilt several times. The existing Pump Station is not large enough to handle the future needs of the high side pressure plane. The Engineering Division has previously proposed that this Pump Station be replaced during the 1983 -84 budget year. In talking with various engineers and contractors, the Engineering Division has learned that the design and construction of the new Pump Sta- tion will take approximately sixteen (16) to twenty (20) months. Listed below is the schedule of the design and construction of this replacement Pump Station: 1) Select engineer to design Station: July, 1983 2) Authorize consultant to proceed with design (allow approximately four (4) to six (6) months for design): July, 1983 3) Complete design of Station: January 1, 1984 4) Authorize advertisement for bids: January, 1984 5) Award bid: February, 1984 6) Issue Notice to Proceed to contractor (allow twelve (12) to fourteen (14) months for construction): February, 1984 7) Complete construction April, 1985 8) Initial operation and testing: May, 1985 In order to have the new Pump Station completed and in operation prior to the summer of 1985, it is imperative that the engineering design be authorized prior to the beginning of the 1983 -84 budget year in October, 1983. Engineering Design Services on Replacement of Belt -Marsh Pump Station June 24, 1983 Page 2 Based upon the need to proceed with the engineering design of the Pump Station, the Engineering Division requested that the consult- ing engineering firm of Riewe and Wischmeyer, Inc. submit a pro- posal for the engineering services on this project. Riewe and Wischmeyer, Inc. was selected because of: 1) Their expertise and experience in projects of this type. 2) Their familiarity with the water distribution system of the City due to their work on reviewing the City Staff's analysis of the water distribution system, and their work on other projects in the City's water system. 3) Their excellent working relationship with both the Engi- neering Division Staff and the Utility Department Staff. Riewe and Wischmeyer, Inc., have stated their ability to proceed with the design work immediately and to pursue its completion in a most timely manner. It is recommended that every consideration be given to accepting the proposal as submitted by Riewe and Wischmeyer, Inc. so that the design and construction of the replacement Belt - Marsh Pump Station can be completed within the time frame identified. The total estimated engineering fee for the design and plan prepar- ation is $175,000.00. If the design is authorized to proceed in July, 1983, approximately $50,000.00 would need to be appropriated for the expenditure of engineering cost in the current fiscal year, 1982 -83 and the remaining $125,000.00 engineering fee and the total estimated construction cost of $2,500,000,00 would need to be budgeted for the next fiscal year, 1983 -84. The total construction cost would be required because the contract for the construction would be awarded in February, 1984. ED /JPP:vb cc: Randolph J. Hosea, Engineering Designer II Lyman Goodnight, Director of Utilities ewe & �idCkceyer, �H CONSULTING ENGINEERS W. J. WISCHMEYER, PRESIDENT J. T. MILLIGAN, VICE PRESIDENT E. R. McDOW, JR.. P.E. 8 March 1983 A. F. KRAUSKA P.C.R. SHELLEY Mr. John Porterfield City of Farmers Branch City Hall Post Office Box 340435 Farmers Branch, Texas 75234 Re: Engineering Agreement Belt -Marsh Pump Station Dear Mr. Porterfield: At your request, we are submitting an engineering agreement to provide plans and specifications for the replacement water pump station at Belt - Marsh. The engineering fee under this contract is based on a percentage of construction cost for the project. We have also included the design and construction phases of the monitoring system in this contract. We have done some preliminary work regarding standby generation at this station in the event a dual feed by the power company is not available. We believe that for $150,000.00 you can provide enough standby generation to pump at a peak day rate. We trust this is the information you require. Very tru yours, W. J. Wischmeyer ill WJW:s • Attachment HOME OFFICE BRANCH OFFICE 11325 PEGASUS STREET, SUITE 5-209 1701 SOUTHWEST PARKWAY, SUITE 203 DALLAS. TEXAS 75238 COLLEGE STATION, TEXAS 77840 (214) 346 -3255 (713) e96 -8630 CONSULTING ENGINEER'S CONTRACT Contract No. 83 -1200 THIS CONTRACT is made and entered into as of the day of 19 g3 , by and between The City of Farmers Branch. Texas (the "Owner "), and RIEWE & WISCHMEYER, INC., a Texas corporation (the "Engineer "). RECITAL S: A. The Owner intends to construct the improvements described or identified in Attachment No. 1 attached hereto and incorporated herein by this reference (the "Improvements ") and desires that the Engineer provide engineering assistance and technical advise with regard to the planning, design and construction of the Improvements. B. The Engineer desires to enter into this Contract for the performance of certain engineering services with regard to the planning, design and construction of the Improvements. NOW, THEREFORE, in consideration of the mutual advantages and benefits accruing respectively to the Owner and the Engineer hereunder, the mutual promises hereinafter made and the acts to be performed by the respective parties hereto, the Owner and the Engineer hereby agree as follows: 1. The Owner retains the Engineer and the Engineer shall perform the professional services described in Attachment No. 2 attached hereto and incorporated herein by this reference with regard to the planning, design and construction of the Improvements. 2. The Owner shall pay to the Engineer, for the engineering services described in Attachment No. 2, a Basic Engineering Charge as established by the Texas Society of Professional Engineers and the Consulting Engineer's 101 - 1 Council of Texas, which Basic Engineering Charge shall be a percentage of "construction cost" as determined by the graph attached hereto as Attachment No. 3 and which is incorporated herein by this reference. The Basic Engineering Charge shall be due and payable to the Engineer as follows: (a) During the Preliminary Phase and the Design Phase, payments shall be made monthly by the Owner on the Basic Engineering Charge based upon statements submitted by the Engineer for work performed, but in no event to exceed in the aggregate Eighty -Five Percent (85%) of the Basic Engineering Charge. (b) Upon completion of the Design Phase and submission of final plans and specifications as described in Attachment No. 2, a sum equal to Eighty -Five Percent (8570) of the Basic Engineering Charge, less all amounts previously paid under the provisions of Paragraph 2(a) above, shall be paid to the Engineer. (c) Upon the awarding of a contract or contracts for construction or upon commencement of construction, whichever shall first occur, payments shall be made monthly by the Owner, during the Construction Phase as described in Attachment No. 2, on the remainder of the Basic Engineering Charge in proportion to the completed work on the basis of the general contractor's estimates, until the aggregate of all payments to the Engineer on the Basic Engineering Charge amount to One Hundred Percent (1007.) of the Basic Engineering Charge. 3. All services of the Engineer not described in Attachment No. 2 are Special Services for which special compensation must be paid; and 101 -2- therefore, such Special Services are not covered by the Basic Engineering Charge. The Owner shall pay for Special Services monthly as rendered in an amount equal to the salary cost of the Engineer's employees who perform the Special Services times a multiplier of 2.0 for overhead, readiness- to-serve and profit, plus all direct out -of- pocket expenses of the Engineer at actual cost times a multiplier of 1.10. Salary cost as used herein shall be the cost of actual salaries of engineers, planners -, draftsmen, clerks, stenographers, etc., for time directly chargeable to the project, plus social security contributions, unemployment excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation and holiday pay. Salary cost shall include a premium for overtime, when overtime rates are normally and actually paid. Direct out -of- pocket expenses as used herein shall be professional consultant fees (when approved by the Owner), printing, supplies, transportation, equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with the assignment. 4. The Engineer shall observe the construction by periodic visits of its employees, but the Engineer shall not be responsible for the work of the general contractor or any subcontractor nor for any defects or deficiencies in such work. 5. Original documents, surveys, notes and tracings used or prepared by the Engineer are and shall remain the property of the Engineer; and reproductions of them, in whole or in part, shall not be used on subsequent projects without the prior written consent of the Engineer. The Engineer 101 -3- will furnish to the Owner three sets of plans and specifications and contract documents at the Engineer's expense prior to construction, but any additional sets will be furnished to the Owner only upon the Owner paying the cost of reproducing them. Upon completion of construction, the Engineer will furnish to the Owner one set of mylar reproducible record drawings at the Engineer's expense; but any additional sets will be furnished to the Owner only upon the Owner paying the cost of the additional sets. 6. Should the Owner elect to perform the work, or any portion thereof, for which plans and specifications have been prepared by the Engineer, the same Basic Engineering Charge shall apply and the same schedule of payments of the Basic Engineering Charge shall apply as if a contract for construction had been awarded. 7. In the event construction awards are not made on authorized work after delivery of plans and specifications by the Engineer, the payment to the Engineer for the Design Phase shall be determined on an estimate of construction cost using the graph in Attachment No. 3. 8. The term "construction cost" as used in this Contract means the total cost of all construction work designed or specified by the Engineer, but does not include any attorneys' fees or engineering fees or the cost of preparing any bonds or bond transcripts. 9. The Owner shall provide the Engineer with complete information concerning the requirements for the services to be performed by the Engineer. The Owner guarantees access to and shall make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform 101 -4- such work as surveys and inspections. The Owner shall give thorough consideration to all reports, sketches, estimates, drawings, specifications, proposals and other documents presented by the Engineer and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. 10. The Engineer shall submit to the Owner the Engineer's statement for services rendered on a monthly basis, which statement shall be due and payable by the Owner when mailed to the Owner. The Owner agrees that, if payment for the Engineer's statement for services rendered is not promptly made, the Engineer has the option, in addition to all other remedies at law, to suspend the Engineer's services on the basis of nonperformance on the part of the Owner until any such delinquent payments have been paid in full. Any suspension shall not affect the Engineer's right to full payment for all services rendered through the suspension date. 11. The Owner and the Engineer bind themselves, and their respective heirs, legal representatives, successors and assigns, to all covenants of this Contract. Neither the Owner nor the Engineer shall assign or transfer its interest in this Contract without the written consent of the other. 12. Owner agrees to indemnify and hold Engineer harmless from any claims, costs, attorney's fees or cause of action arising out of claims or actions by third parties (not Owner) founded or based upon the planning, design or construction of the improvements, provided such claims or actions do not result in a judgment being entered against Engineer based upon Engineer's negligence, gross negligence, malpractice or willful misconduct. 13. The Owner agrees that the Engineer's liability to the Owner for negligence, error, omission or breach of warranty in the preparation of designs and drawings, the designation or selection of materials and equipment, the selection and supervision of personnel or the performance - 5 - of any other services pursuant to this Contract shall in no event exceed the greater of (a) an amount equal to the total compensation received by the Engineer for services rendered under this Contract, or (b) an amount equal to the maximum limits and coverage under the Professional Liability insurance of the Engineer then in effect. Engineer currently has Pro- fessional Liability insurance coverage of $1,000,000 and Engineer will maintain Professional Liability insurance coverage of at least $1,000,000 until this Contract has been fulfilled or terminated, whichever occurs first. 14. All amounts payable to the Engineer under this provision of this Contract are payable in cash at the Engineer's office in Dallas, Dallas County, Texas. 15. This Contract has been made under and shall be governed by the laws of the State of Texas. 16. All notices and statements required and provided for in this Contract shall be deemed to have been received by either party hereto when properly addressed to the party to whom directed at the address set forth herein and two (2) days after deposit an the United States mail with postage prepaid: Owner: City of Farmers Branch Post Office Box 340435 Farmers Branch, Texas 75234 Attn: Mr. Paul M. West City Manager Engineer: Riewe & Wischmeyer, Inc. 11355 McCree Road Dallas, Texas 75238 Attn: Mr. W. J. Wischmeyer President - 6 - From time to time either party may designate another address for all purposes of this Contract by mailing to the other party the written notice of such change of address in accordance with the provisions hereof. 16. This Contract may be terminated by either party upon thirty (30) days' written notice to the other party. In the event of termination, not the fault of the Engineer, the Engineer shall be compensated for all services performed to termination date based upon a percentage of the Basic Compansation which is equal to a percentage determined by the ratio that the Basic Services of the Engineer performed to the date of termination relates to the total Basic Services contracted to be per- formed under this Agreement. In addition, the Engineer shall receive any Reimbursable Expenses then due and any out -of- pocket expenses directly attributable to the termination for which the Engineer is not otherwise compensated. 7 • 17. In the event either party hereto institues any suit or action against the other to enforce any right arising hereunder, the prevailing party in such suit or action shall be entitled to such sum from the other party as the court may deem reasonable as attorney's fees. IN TESTIMONY HEREOF, the parties hereto have executed this Contract as of the day and year first above written. OWNER: CITY OF FARMERS BRANCH, TEXAS BY ENGINEER: RIEWE & WISCHMEYER, INC. s BY L.0 4/1 W. J Wischn :yer, Presid - 8 - 1' ATTACHMENT NO. 1 TO CONSULTING ENGINEER'S CONTRACT Description of the Improvements 1. A new high pressure plane water pumping station located at .the existing Belt-Marsh site. Station shall have a pumping capacity of 16.0 million gallons per day. 2. A monitoring system for (both the low and high pressure planes) the entire distribution system. 3. Five (5) million gallon ground storage reservoir. ATTACHMENT NO. 2 TO CONSULTING ENGINEER'S CONTRACT Engineering Services Covered By Basic Engineering Charge Belt -Marsh Pump Station Replacement and Reservoir A. Preliminary. Phase Conferences with the Owner regarding the proposed Improvements and meetings with other groups and interested parties as requested by the Owner. B. Design Phase Field surveys for design and layout of the Improvements, planning any necessary subsurface exploration and arranging for such work to be done for the Owner's account, preparation of plans and specifications for construction of the Improvements, assistance to the Owner in securing bids for the construction work, analysis of bids and recommendations concerning the awarding of construction contracts, assistance in the awarding of construction contracts, and assistance in the preparation of formal construction contract documents. C. Construction Phase Checking of shop and working drawings furnished by the contractors; supervision and review of laboratory, mill and shop tests, consultation and advice during construction, general observation of the construction work and interpretation of the plans and specifications by periodic visits to the site of the work by the Engineer's employees, preparation of monthly and final estimates for payments to the contractors, assistance in checking and testing of installed equipment, final observation of construction, and revision of plans to serve as record drawings. Monitoring System for the Water Distribution System Design and Construction phase deleted from previous Contract, dated 11 -2 -82 and included herein. 101 C 2 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 - T T 1 1 1 1 1 1 1 1 1 1 -- 1 1 1 m r e` R Q tri CC E r1- _ . • Pa ^° W ti C=.4 m O m CZI H ^ • H _ ' U W _ H ° f v I1 1 , C.) • LAC N Z C.? "'III ° y • 1 1 . 1 1 1 1 . 1 1 1 1 1 1 1 1 1 1 1 1 _ 1 , 1 1 1 1 1 1 1 1 1 l 1 1 1 1 U 1 1, IyJ l 1 1 1 1 1. 1 1 ( i to CO n 1-0 it) 1N33 113d — 33dVH3 31St/8 ! `` COUNCIL MEMORANDUM Farmers BRancH From: The Office of the City Manager Date: 7 -6 -83 Subject: AGENDA ITEM NO. D.5 CONSIDER APPROPRIATION OF FUNDS TO SUPPORT THE OPERATION OF THE FORWARD FARMERS BRANCH TASK FORCE PROGRAM. EXPLANATION: This item has been placed on the agenda at the request of Sam Frenkil, Executive Chairman of the Forward Farmers Branch Task Force. The $1000 appropriation the City Council authorized for Forward Farmers Branch Citizen Task Force operations has been completely used, as follows: a. Executive Committee Meeting - Summit Hotel b. Task Force Kick -off Meeting - Summit Hotel c. Printing of Task Force materials Expenditures anticipated within the next six (6) months include: postage for notices and minutes; reproduction expenses; paper and envelopes. The estimate of amount needed is $2000.00. PMW:SF:PDC:neb Attachment (1 ) c � OFFICE MEMORANDUM FBRTeRS BR7r1CH ROM: P. D. Creer, Jr. TO: Paul M. West DATE: 7 -6 -83 City Planner City Manager UBJECT: FORWARD FARMERS BRANCH CITIZEN TASK FORCE EXPENDITURES TO DATE The $1000.00 appropriation which the City Council made on March 14, 1983 for Forward Farmers Branch Citizen Task Force expenses has been spent. The following expenses account for the total amount: 1. Executive Board Forward Farmers Branch Citizen Task Force luncheon with Staff at Summit, June 9 $162.14 2. Forward Farmers Branch Brochure printing 137.50 3. 3 -ring binders and printing 712.50 4. Kick -off meeting at Summit, June 28 165.03 5. Announcements to press 14.00 Total $1191.17 These expenditures are being handled through account number 01- 0001- 88 -08. It is my understanding that additional funds will be requested amounting to $2000.00 at the July 11 City Council meeting. PDC:neb .3 COUNCIL MEMORANDUM FDRmBRs BR9ncH From: The Office of the City Manager Date: July 5, 1983 Subject: AGENDA ITEM NO. D.6 CONSIDER AUTHORIZING THE ADVERTISMENT FOR BIDS FOR MEDIAN LANDSCAPING IMPROVEMENTS. EXPLANATION: The Parks & Recreation Department requests permission to advertise for bids for landscaping and irrigation for Oakbrook Phase I, Ford Road, and Valley View -Alpha Phase I. In the 1982-83 Capital Improvement Budget $250,000 was allocated for these projects. RECOMMENDATION: Motion authorizing the advertisement for bids for landscaping and irrigation for Oakbrook Phase I, Ford Road, and Valley View -Alpha Phase I. ACTION BY COUNCIL: Motion to approve or disapprove authorizing the advertisement for bids for landscaping and irrigation for Oakbrook Phase I, Ford Road, and Valley View -Alpha Phase I. PMW:JFB:tb ATTACHMENT: 1. Back Up Memo #1. 2. Back Up Memo #2. • P _ PARKS & RECREAT ION MEMORANDUM 0 FaRmeRS TO: Paul M. West, City Manager DATE: 7-5 -83 BRancH FROM: John F. Burke, Director PARD SUBJECT: Back -up Memo Oakbrook Phase I will consist of irrigation of all medians and the south right -of -way. Landscaping will only be completed on the eastern most median. Phase II when approved would complete the landscaping of the medians and south right -of -way. Alpha- Valley View will consist of irrigation on all medians and right -of -ways as well as planting of some trees. The balance of the landscaping would occur with future funding. Ford Road will be completely irrigated and land caped in this current funding. s` 7 ,, J n F. Burke, Director arks & Recreation Dept. JFB:tb Back Up Memo #1 PARKS S. RECREATION F3 M E M O R A N O U M FBRmeR5 TO: Paul M. West, City Manager DATE: 7/1/83 BRE3r1C1 -� FROM: John F. Burke, Director PARD SUBJECT: Valley View /Alpha Phase I, Oakbrook Phase I, and Ford Road Irrigation and Beautification Plans and specifications have been completed for the above projects. Permission to bid will be requested at the July 11 Council meeting. Oakbrook Phase I will be all the irrigation on the medians and south right -of -ways. Landscaping will be on one median, being the eastern most median at Oakbrook and Gardenbrook. Valley View /Alpha Phase I will consist of irrigation on all medians and south right -of -way from Templeton Trails east to Alpha. Landscaping will consist of trees only and will be bid on a per tree basis. As many trees as possible will be purchased with money available. Reconstruction of the fence and gate at Valley View and Marsh will be underway during August. Ford Road landscaping and irrigation will be all completed in Phase I. One sheet from each area will be on display for the Pre Council meeting July llth. Funds amounting to $250,000.00 were approved for these projects in the 82 -83 Capital Improvement Budget. J hn F. Burke, Director Parks & Recreation Dept. JFB:sg Back Up Memo #2