Matt Martinez, owner of Rancho Martinez restaurant in Lakewood Shopping Center, has been meeting with Lakewood and Junius Heights neighbors to resolve how to provide 17 additional parking spaces for his proposed restaurant expansion. The case was scheduled before the Board of Adjustment Feb. 11, but it was postponed so negotiations could continue.
Being considered is a “remote parking” arrangement, where additional parking is provided in a remote lot. As this article was written, it appeared that Matt’s and the neighborhoods would continue working together to solve the problem.
ZONING CHANGE CONSIDERED:
On Feb. 20, the Plan Commission considered a zoning change from commercial service to mixed-use one nearly an acre of land at Peak Street and Garland Avenue, the location of Help Is Possible (HIP), an agency providing services for chemically dependent and psychiatric patients. HIP appears to have a successful track record in treatment and counseling.
Under the development code, HIP is considered a “group residential facility” for in-patient care and counseling purposes and an “office” for outpatient counseling. The change to mixed-use zoning would allow HIP to become a “conforming use”. At press time, it appeared the zoning change would be approved without neighborhood opposition.
DOWNTOWN SEEKS UNITY: The Central Dallas Associations efforts to form a Downtown Improvement District have nearly met statutory requirements. Petitions must be signed by property owners representing 50 percent of the value and area of private property located within the district.
Once the district is formed, property owners will be assessed to finance additional security, better maintenance, clean-up efforts and promotional activities such as street festivals. The project start-up date is Jan. 1, 1993.
Residents of inner-city neighborhoods such as East Dallas and Lakewood will watch with interest to see if the perceived decline of Downtown can be reversed, thereby helping ensure the health of surrounding neighborhoods.
RICHMOND JOINS PLAN COMMISSION: East Dallas resident Lisa Saemann resigned in January as vice chairman of the Plan Commission. Councilman Glenn Box, who appointed Saemann, named Rob Richmond to replace her. Richmond has background in real estate investment and development.
A new commission vice chairman hasn’t been selected, although several members are interested. The post could be filled by late February or early March.
ON THE DOCKET: Among upcoming subjects to be addressed by the Zoning Ordinance Advisory Committee are proposed development code amendments dealing with placement of cellular telephone towers; open space and landscaping requirements for multifamily zoning districts; the process to notify condominium owners of zoning changes; “infill” housing (especially use of vacant lots); and screening wall requirements. Contact planner Ray Couch, 670-4186, for information.
DRY-OVERLAY, PART ?: Proposed amendments to Planned Development District #298, the Bryan Area Special Purpose District, have been indefinitely deferred. For more information, contact City planner Karl Crawley, 670-3786.
The prospects for applying a “dry-overlay” district to parts of Old East Dallas continue to be clouded. The Dallas Court of Appeals ruled Dec. 23 on a lawsuit by South Dallas liquor store owners attempting to invalidate the dry overlay.
A trial court invalidated the ordinance, but the appellate court upheld the ordinance, saying it didn’t conflict with the Texas Alcoholic Beverage Code, which normally governs liquor sales.
The plaintiff, the Dallas Merchants’ and Concessionaires’ Association, said the City couldn’t use its zoning powers in a way that conflicts with code provisions. The appellate court, based on its interpretation of state law, said the code only preempts regulation of alcohol-related businesses and was not meant “as a limitation on the police powers of cities granted to them” under home-rule provisions of the Texas Constitution.
The court ruled that the ordinance only affected the location of these businesses based upon studies of “what would best serve community residents”, and the plaintiffs indicated they probably would not appeal to the Texas Supreme Court.
But the Texas Package Store Association intervened and indicated it may appeal. So the City Council decided, pending resolution of appeals, to continue the “on hold” status of enforcing the existing dry overlay and adopting new overlays.
What does it all mean? The proposed East Dallas dry overlay also will remain on hold, as will actions to terminate alcohol-related non-conforming uses, until early summer, when appeals are likely to be resolved.
