160557

04-12-16

ORDINANCENO. 3 0 0 5 1

An ordinance changing the zoning classification on the following property:

BEING Lots 10 through 14 in City Block 1/4 187 located at the southwest corner of IllinoisAvenue and Seevers Avenue; fronting approximately 150 feet on the south line of IllinoisAvenue; fronting approximately 300 feet on the west line of Seevers Avenue; and containingapproximately 0.998 acres,

from a R-7.5(A) Single Family District to a CR Community Retail District; providing a penalty

not to exceed $2,000; providing a saving clause; providing a severability clause; and providing

an effective date.

WHEREAS, the city plan commission and the city council, in accordance with the

Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given

the required notices and have held the required public hearings regarding the rezoning of the

property described in this ordinance; and

WHEREAS, the city council fmds that it is in the public interest to change the zoning

classification; Now, Therefore,

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

SECTION 1. That the zoning classification is changed from a R-7.5(A) Single Family

District to a CR Community Retail District on the property described in Exhibit A, which is

attached to and made a part of this ordinance (“the Property”).

SECTION 2. That, pursuant to Section 51A-4.701 of Chapter 51A of the Dallas City

Code, as amended, the property description in Section 1 of this ordinance shall be construed as

including the area to the centerline of all adjacent streets and alleys.

Z145-347(WE)(R-7.5(A) to CR) - Page 1

30051 16O557

SECTION 3. That the building official shall not issue a building permit or a certificate of

occupancy for a use on the Property until there has been full compliance with the Dallas

Development Code, the construction codes, and all other ordinances, rules, and regulations of the

City of Dallas.

SECTION 4. That a person who violates a provision of this ordinance, upon conviction,

is punishable by a fine not to exceed $2,000.

SECTION 5. That the zoning ordinances of the City of Dallas shall remain in full force

and effect, save and except as amended by this ordinance.

SECTION 6. That the terms and provisions of this ordinance are severable and are

governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.

SECTION 7. That this ordinance shall take effect immediately from and after its passage

and publication, in accordance with the Charter of the City of Dallas, and it is accordingly so

ordained.

APPROVED AS TO FORM:

WARREN M.S. ERNST, City Attorney

By ThAssistant City Attorney

APR 1 32016Passed____________________________

Z145-347(WE)(R-7.5(A) to CR) - Page 2

30051 16O557GIS_Approved

Exhibit ALEGAL DESCRIPTION

BEING a tract of land situated in the J.P. NAROBE SURVEY, ABSTRACT NO. 1079, in the Cityof Dallas, Dallas County, Texas, being all of Lots 10, 11, 12, 13, and 14, Block 1/4187, BroadmoorAddition, an addition to the City of Dallas, Dallas County, Texas, according to the Plat thereofrecorded in Volume 2, Page 128, Deed Records, Dallas County, Texas.

Z145-347(WE)(Exhibit A)

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1:1,200ZONING MAP

Case no:

Date:

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160557

APR 1 3 2016

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OFFICE OF CITY SEcRETARYP:\PROOF OF FTJBLICATION.docx

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The dvertiemeinit reqnfred for the inioted ordiinime pitibllhed hthe 11D1II1 Morrnn the O1HDCkII1 ewpnpe’ of the city9 reqidred bylaw, nnid the Dll City Charter, Chter VRII, Seedoini 7.

jj 9p ADO11t11Th 11W C11TY COUNCIIL_______

________

(&1R 11NANCF4iTUMT1WP 30051

COUNCIL CHAMBER

160Tanuary 1 , 1

WHEREAS, the deed restrictions in the attached instrument have been volunteered inconnection with property located on the south line of East Illinois Avenue, which is the subjectf zoning case no. Z145-347(WE); and

WHEREAS, the City Council desires to accept the deed restrictions in the attached instrument;Now, Therefore,

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

Section 1. That the deed restrictions in the attached instrument are accepted by the CityCouncil of the City of Dallas to be used in conjunction with the development of property that isthe subject of zoning case no. Z145-347(WE).

Section 2. That these deed restrictions must be filed in the Deed Records of Dallas County,Texas.

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

APPROVED AS TO FORM:

WARREN M.S. ERNST, City Attorney

Assistant City Attorney

APPROVED BYCITY COUNCIL

APR 13 2016

—F— (f?City Secretary

Jj?JJ OEf9SJ’r q1VQE CIE

Z145-347(WE)(Deed Restriction Resolution)

16055.7

DEED RESTRICTIONS

THE STATE OF TEXAS )) KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF DALLAS )

The undersigned, Orange Beckley, LLC, an Alabama limited liability company (“theOwner”), is the owner of the following described property (“the Property”), being inparticular a tract of land out of the J. P. Neighbors Survey, Abstract No. 1079, being inparticular Lots 10-14, City Block 1/4187, City of Dallas (“City”), Dallas County, Texas,and being those same tracts of land conveyed to the Owner by Maria Caseres, by deeddated February 19, 2016, and recorded in Instrument Number 201600053206, andVeronica Barroso, by deed dated February 19, 2016, and recorded in InstrumentNumber 201600053207, and by Roslyn Ratliff, Executor of the Estate of Annie J.Johnson, by deed dated February 23, 2016, and recorded in Instrument Number201600053199, and Fustino Islas and Maria Del Carmen Peralta, by deed datedFebruary 19, 2016, and recorded in Instrument Number 201600053200, and by VictorOrnelas and Carolina Ontiveros, by deed dated February 17, 2016, and recorded inInstrument Number 201600053201 in the Deed Records of Dallas County, Texas, andbeing more particularly described as follows:

Being Lots 10 - 14, City Block 1/4187 of Broadmoor, an Addition to the City of Dallas,Dallas County, Texas, according to the Map or Plat thereof recorded in Volume 2, Page126 of the Map Records of Dallas County, Texas

II.

The Owner does hereby impress all of the Property with the following deed restrictions(“restrictions”), to wit:

1. The following main uses are prohibited:

Agricultural uses.--Crop production

Commercial and business service uses.--Building repair and maintenance shop--Medical or scientific laboratory--Tool or equipment rental

Industrial uses.--Gas drilling and production--Temporary concrete or asphalt batch plant

Institutional and community service uses.--Cemetery or mausoleum--Community service center

160557

--Convent or monastery--Hospital--Open-enrollment charter school or private school--Public school other than an open-enrollment charter school

Lodging uses.--Lodging or boarding house--Overnight general purpose shelter

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

Office uses.--Alternative financial establishment

Retail and personal service uses.--Alcoholic beverage establishments--Ambulance service--Auto service center--Car wash--Commercial amusement (inside)--Commercial amusement (outside)--Commercial parking lot or garage--General merchandise or food store 100,000 square feet or more--Home improvement center, lumber, brick or building materials sales yard--Household equipment and appliance repair--Liquor store--Mortuary, funeral home, or commercial wedding chapel--Motor vehicle fueling station--Pawn shop--Restaurant with drive-in or drive-through service--Swap or buy shop--Temporary retail use--Theater

Utility and public service uses.--Commercial radio and television transmitting station--Electrical substation

Wholesale, distribution, and storage uses.--Mini-warehouse--Recycling buy-back center--Recycling collection center--Recycling drop-off container--Recycling drop-off for special occasion collection

2. These additional restrictions also restrict the following operational aspects forland uses on the Property:

160557

a. All vehicular access from Seevers Avenue onto the Property is prohibited.

b. An eight-foot solid fence must be erected along the Seevers Avenue frontage,except for areas in visibility triangles, required setbacks, or that create asafety hazard. The required fence must be setback a minimum of seven (7)feet from the right-of-way line.

c. Evergreen shrubs capable of reaching and maintaining a minimum height offive feet, within three years of planting, must be planted along the SeeversAvenue frontage and must be planted along the entirety of the fence. Initialplantings must be capable of obtaining a solid appearance within three years.Landscape materials must be automatically irrigated.

d. The maximum height for light standards within fifty (50) feet of SeeversAvenue is fifteen (15) feet with shoe-box or similar down lighting fixtures.

e. All detention must comply with City of Dallas standards and those establishedby the Development Agreement entered into with the City.

f. A business may not operate between the hours of midnight and five AM.Drive-through lanes must close by 10 p.m.

g. Development of the site must comply with the attached Site Plan.

Ill.

These restrictions shall continue in full force and effect for a period of 20 years from thedate of execution, and shall automatically be extended for additional periods of 10 yearsunless amended or terminated in the manner specified in this document.

lv.

These restrictions may be amended or terminated as to any portion of the Property,upon application to the City of Dallas by the current owner of that portion of theProperty, without the concurrence of the owners of the remaining portion of theProperty. These restrictions may be amended or terminated only after a public hearingbefore the City Plan Commission and a public hearing before and approval by the CityCouncil of the City. Notice of the public hearings must be given as would be required bylaw for a zoning change on the Property. The amending or terminating instrument mustbe approved as to form by the city attorney. If the City Council approves an amendmentor termination of these restrictions, the Owner must then file the amending orterminating instrument in the Deed Records of the county or counties where theProperty is located at his or her sole cost and expense before the amendment ortermination becomes effective.

160b51

V.

These restrictions are not intended to restrict the right of the City Council of the City toexercise its legislative duties and powers insofar as zoning of the Property is concerned.

VI.

The Owner agrees that these restrictions inure to the benefit of the City. The Ownerhereby grants the City the right to enforce these restrictions by any lawful means,including filing an action in a court of competent jurisdiction, at law or in equity, againstthe person violating or attempting to violate these restrictions, either to prevent theviolation or to require its correction. If the City substantially prevails in a legalproceeding to enforce these restrictions, the Owner agrees that the City shall be entitledto recover damages, reasonable attorney’s fees, and court costs. For further remedy,the Owner agrees that the City may withhold any certificate of occupancy or finalinspection necessary for the lawful use of the Property until these restrictions arecomplied with. The right of the City to enforce these restrictions shall not be waived,expressly or otherwise.

VII.

The Owner agrees to defend, indemnify, and hold harmless the City from and against allclaims or liabilities arising out of or in connection with the provisions of this document.

VIII.

The provisions of this document are hereby declared covenants running with the landand are fully binding on all successors, heirs, and assigns of the Owner who acquireany right, title, or interest in or to the Property, or any part thereof. Any person whoacquires any right, title, or interest in or to the Property, or any part thereof, therebyagrees and covenants to abide by and fully perform the provisions of this document.

IX.

Unless stated otherwise in this document, the definitions and provisions of Chapter 51Aof the Dallas City Code, as amended, apply and are incorporated into this document asif recited in this document.

X.

The Owner understands and agrees that this document shall be governed by the lawsof the State of Texas.

XI.

The Owner certifies and represents that there are no mortgages or liens, other thanliens for ad valorem taxes, against the Property if there are no signatures of mortgageesor lienholders subscribed below.

16055 7

xl’.

The invalidation of any provision in this document by any court shall in no way affectany other provision, which shall remain in full force and effect, and to this end theprovisions are declared to be severable.

[Signature pages follow]

EXECUTED this the

_____

day of 1 cw-I’

Orangean

By:

201(0.

160557

APPROVED AS TO FORM:WARREN M. S. ERNST, City Attorney

By:

CONSENT AND CONCURRENCE OFLIENHOLDER OR MORTGAGEE

RENASANT BANK,Property Lienholder or Mortgagee

By:Print’d Name: ,,131,k FrJericbTiUe:

ility company

Manager

Assistant City Attorney F

16055 7

STATEOF /1abavv

COUNTY OF 5hdj

2o[This instrument was acknowledged before me on this t ‘4 day of lvi .vch by

(month)/year

Jason Price as Manager of Orange Beckley, LLC, an Alabama limited liability company,

on behalf of said company.

KIMBERLY W. CUTCUFF

(SEAL)tary Public

My commission expires: M64VCI1 3v .2o19(date)

LIENHOLDER OR MORTGAGEE

STATE OF TEXASCOUNTY OF DALLAS

This instrument was acknowledged before me on this \ day of Y#..OYL , 2Oft

by reAQX1C- Renasant Bank, a Mississippi

banking corporation, on behalf of said corporation.

(SEAL)N

My commission expires:

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1:1,200ZONING MAP

Case no:

Date: