GARLAND

August 18, 2015

Maxwell Fisher Masterplan - Land Use Consultants 900 Jackson Street, Suite 640 Dallas, Texas 75202

TEXAS MADE HERE

Re: Texas Public Information Act Request

Dear Mr. Fisher:

MARK E. DEMPSEY Assistant City Attorney (972) 205-2380 (972) 205-2389 FAX

I received your letter, a copy of which is attached, requesting certain information pursuant to the Texas Public Information Act (the "Act" or "TPIA"). Specifically, you request written correspondence received from or sent to the City of Garland pertaining to the property located at 3161 Broadway Boulevard, excluding any correspondence between the City and the property owner or prospective tenant. You indicate that what you are seeking is correspondence between any elected or appointed City officials and City staff.

Enclosed please find the information responsive to your request, to the extent it is presently maintained by the City.

Please call me with any questions or if I can be of further assistance.

Sincerely,

~Mil. Mark E. Dempsey Assistant City Attorney

cc: Garland Police Records Department

CITY OF GARLAND

PO BOX 469002 GARLAND . TX 75046 · 9002

972 · 205 · 2000

WWW GARLANOTX . GOV

Fields, Shawna

From: Sent: To: Subject:

Good morning Shawna,

Dowl, Rene Wednesday, August 05, 2015 6:44 AM Fields, Shawna FW: Open Records

This is a follow-up to his original email.

From: Maxwell Fisher [mailto:maxwell@masterplanconsultants.com] Sent: Tuesday, August 04, 2015 1:38 PM To: Dowl, Rene Cc: dallas@masterplanconsultants.com Subject: RE: Open Records

Ms. Dowl ,

GCA15-0527

As a point of clarification, "written correspondence" would include electronic mail messages.

Maxwell

From: Maxwell Fisher [mailto:maxwell@masterplanconsultants.com] Sent: Tuesday, August 04, 2015 1:34 PM To: 'rdowl@garlandtx.gov' <rdowl@garlandtx.gov> Cc: dallas@masterplanconsultants.com Subject: Open Records

Ms. Dowl,

~ - -- ,_ -

I-

Let this email serve as a request for any written correspondence received from or sent to the City of Garland perta irling to the property located at 3161 Broadway Boulevard . Please exclude any correspondence between the city and the property owner or prospective tenant. The goal is to obtain correspondence between any elected or appointed city officia ls and city staff.

We would direct this search for information to the following departments:

• Plann ing and Community Development

• Building Inspection

• City Manager's Office

• Economic Development

Fee l free to email or call me if you have any questions.

Regards,

Maxwell

Maxwell J . Fisher, AICP

1

Masterplan -1- Land Use Consultants 900 Jackson Street, Suite 640 Dallas, TX 75202 (0): 214.76i.9197 (C): 214-470.3972

t>

2

Gwin, David

From: Sent: To: Cc:

Subject:

David:

Williams, Councilman BJ Friday, January 30, 2015 4:50 PM Gwin, David Williams, Councilman BJ; Montgomery, Neil Re: Status of the Former Kmart Facility

I appreciate your followup and feedback. As discussed, I continue to committed to working with th is owner to develop and implement a "win-win"' strategy to ensure the highest quality development at this prime commercial site . Please keep me posted re: further contacts and discussions with this owner.

Thanks! Councilman B. J. Williams

Sent from my iPhone

On Jan 30, 2015, at 4:04 PM, "Gwin, David " <DGwin@garlandtx.gov> wrote:

Good afternoon, Councilman Wil liams:

Just wanted to send you a quick update on the status of the former Kmart facility.

Per our conversation, I met with the owner at the site and toured the facility. We discussed where he has been with the project and where we need to go to make the project a win-win for everyone. I stressed to him that we very much want to be part of the solution, but that an acceptable use was cri tica l if that was to happen. I have committed to take a look at how we might further assist in the project and he agreed that the best potential uses of the facility are those that are currently allowed by right. While he is playing his cards extremely close to his vest right now, I am confident that he understands where we need for the project to be ... especially if we are to consider assisting with an incentive. I believe he needs for us to be able to help so that should help our position . I will continue to work with him and I'm sure that together we will move this project forward . Just let me know if you would like to further discuss our exchange. Thanks fo r your support and engagement.

Thanks, David

David Gwin, AICP, CEcD Director of Economic Development City of Garland 800 Main Street Garland, Texas 75040

Phone: (972) 205-2462

FAX: (972) 205-2474

<imageOOl.jpg>

Gwin, David

From:

Sent: To:

Cc: Subject:

Neil :

Will iams, Councilman BJ Monday, March 30, 2015 7:51 AM Montgomery, Nei l; Gwi n, David Glenn, Martin; Neighbor, Brad Old K-Mart Property Space - (Broadway @Centerville)

The old K-Mart building (Centerville@Broadway) now has a temporary banner sign attached to the building "Plaza Broadway". I have received several complaints recently that the space is now be ing leased out for a "Flea Market" on weekends. Please have Bui lding Inspections visit and inspect th is property immediately to determine if these complain ts are val id. Also, contact the owner(s) and re-emphasize that we have discussed before, such a use totally unacceptable

and must cease. I drove the site around S:OOpm Sunday (yesterday), after receiving a second phone complaint from a constituent who reported steady in and out pedestrian traffic at this site on Saturday. Doors were locked (chained}, bu~ there were several people sitting outside on the curb di rectly in front of th is build ing.

1. Have the owner(s) filed any kind of application(s) with the City? 2. Have there any kind of pre-submittal discussions? 3. Has the City issued a CO for this building? If so, for what type of business? 4. Has this temporary banner signage been formally requested by the owner(s} and approved?

Please review and advise .

Thanks! Councilman B. J. Williams

Please

Sent from my iPad

Fields, Shawna

From: Maguire, Christ ine Sent: Thursday, March 06, 2014 7:53 AM

De la Vega, Josue To: Cc: Allen, Chasidy Subject: FW: Garland TX - project entitlement inquiry Attachments:

Good morning, Josue:

SC_zon ing.pdf; PD District.pdf; Requested information - Garland proj ect - instal lment l ; Centerville and Broadway Grocery Store Site

I understand that you have the honor of handling the 3161 Broadway pre-submittal conference today at 3 PM. I bel ieve you will be meeting with Scott Caruthers, the engineer consultant hired by the prospective developer/owner (John Rose). Unfortunately neither Rose nor I will be able to attend so I want to get you up to speed on the conversations we've had with them prior to the pre-submittal. We have had several meetings over the last two months related to the entitlements on the property at fairly general level except for transportation issues, which have been a real sticking point.

• Paul and Thuan have sent to them a recommended solution for ingress/egress issues (see attached email).

• I've sent to them a slew of information (attached email). They have issues/questions related to signage, landscaping, setbacks

• At the meeting they would like confirmation as to what ROW takings might occur to the property if any (l'v~ sent Thuan a heads up but will remind him before t he meeting)

• At the meeting they have asked for confirmation that our bu ild ing codes merely adopt the 2009 IBC. If the Oity has any unique amendments they would like to know what they are

• Because they may be asking for a number of variances, the email below is my most recent communication encouraging them to rezone to PD. This may expedite their app lication given that the variances may require Board of Adjustment and Plan Commission approval. Also, they may be seeking incentives so this will give the City leverage over the appearance of t he property, currently zoned SC. This meeting would be a good opportunity to enforce this message.

We we've talked to them, they have not decided on whether they will demolish the building entirely or just a portion of t he building. This pre-submittal will help them determine what a full demolition would trigger verses some partial demolition. I'll be int erested in knowing how t hey port ray that direction . From an incentive sta ndpoint, we would much prefer t he demolition of the building in favo r of a building with a smaller footprint, more energy efficient and better tailored to the site . So just a heads up that they are determining based on a number of factors what direction they'll go for the redevelopment.

I'm free before 11 this morning if you would like to discuss .

Thanks,

Christine

From: Maguire, Christine Sent: Tuesday, February 25, 2014 5:11 PM To: John Rose III (rose.john@heb.com) (rose.john@heb.com) Cc: Scott Caruthers (scott.caruthers@sbcglobal.net); Montgomery, Neil Subject: Garland TX - project entitlement inquiry

1

John:

Thanks much for your call yesterday regarding a variance from the 60' setback requ irement from our SC-Zoning District regulations. We do have a variance process through the Board of Adjustments .

Given that there are now several issues that might need to be addressed through our variance processes (Plan Commission and Board of Adjustment), we believe that rezoning the property in a PD will be the best way to go. It would comprehensively address all of signage, landscaping and setback issues for the property at one t ime by our Plan Commission . It would alleviate the need to go through Board of Adjustment. A PD would give site planning flexibility for this important redevelopment project given all of the moving parts.

Please let us know if you have any add itional questions.

Thanks,

Christ ine

CHRIST INE MAGUIRE

Redevelopment Administrator City Department of Economic Deve lopment 800 Main Sb·eet I Garland, Texas 75040 phone: 972.205.2462 / Jax: 972.205.2474 / mobile: 817.676.5293 CMaguire@garland tx.gov I www.garlandtx.gov

" Men did not love Rome because she was great. She was great because they had loved her."

- G. K. Chesterton

GARLAN D fC..1A'I MAO I HCAE

2

SECTION 24

SHOPPING CENTER DISTRICT (SC)

24-100 Purpose of District

The Shopping Center District provides for the establishment of convenient retail and personal service activities by grouping compatible uses in a single center which is designed in an integrated manner according to an overall site plan. The Shopping Center District accommodates shopping center development having a neighborhood or community service area. Planned Development (PD) zoning is recommended for shopping centers or malls requiring a site of twenty acres or more .

24-200 Permitted Uses

Any uses indicated as permitted in this district on the Schedule of Uses, Section 10-200.

24-300 Lot Requirements

No requirements for minimum lot area , depth , or width are set forth.

24-400 Yard (Setback) Requirements

24-410 All portions of main buildings or structures shall be set back from all property lines to provide the following minimum yards . Every part of a required yard shall be open and unobstructed as set forth in Section 11 except that an ordinary projection of window sills, belt courses and other similar architectural features may not project more than one (1) foot into required yards . Ordinary projections of cornices, roof overhangs, unsupported canopies and other architectural features may not project more than five (5) feet into required yards.

24-420 Gasoline service station pump islands and canopies may not be located within twenty (20) feet of a lot line adjacent to a street, measured to the nearest point of the island or canopy.

24-430 Yards Adjacent to Streets

24-431 Yards adjacent to streets shall be measured from the existing right-of-way line of adjacent streets or the proposed right­of-way line of adjacent streets as provided for on the approved current thoroughfare plan , whichever requires the greater setback. A minimum right-of-way of sixty (60) feet shall be used to compute the yard setback adjacent to a street.

24-432 Feet

Minimum Front, Side, and Rear Yards: Sixty (60)

24-440 Yards Not Adjacent to Streets

24-500

24-441 Minimum Side and Rear Yards

No side or rear yard is required except where a permitted use abuts a residential district boundary line in which event a minimum twenty (20) feet side or rear yard shall be provided adjacent to such residential district.

Maximum Lot Coverage

Buildings or structures or parts thereof shall not be erected , altered , or placed so as to cover more than forty (40) percent of the lot.

24-510 Maximum Floor Area Ratio

The maximum floor area of all structures above ground shall not exceed eight-tenths (0.8) square feet of floor area for each one (1) square foot of site area (.8:1 ).

24-600 Height

Buildings or structures or parts thereof shall not be erected , altered , or placed so as to exceed a maximum height of thirty (30) feet.

General Exceptions: The height regulations contained in the District Regulations shall not apply to spires , belfries, cupolas , television antennas, water tanks , ventilators , chimneys, solar screens or collectors , skylights , elevator towers , cooling towers , mechanical equipment rooms (not exceeding 50% of a typical floor area) or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except as noted in various districts.

24-700 General Requirements

The provisions of Section 11 (General Development Requirements) , Section 12 (Parking) , and Section 37 (Site Plan Approval) shall apply.

24-710 Truck Parking and Loading

No truck shall be parked closer than twenty (20) feet to any Agricultural or residential district boundary. Loading docks shall be not less than fifty (50) feet from any lot line, not adjacent to a street. If such lot line is adjacent to an Agricultural or residential district boundary the setback shall be increased to seventy-five (75) feet.

Uses Permitted in the SC (Shopping Center) District

Animal Clin ic Antenna , Commercial Type 1 Antenna , Commercial Type 2* Antenna Private Arcade* Athletic Club/Instruction , Indoor Facilities Athletic Club/Instruction , Outdoor Facilities* Automobile Repair, Minor Batching Plant, Temporary Bingo Hall* Car Wash Care of Alcoholic , Drug Dependent or Psychiatric Patients - Institutionalized* Charitable Boarding , Temporary* Charter School* Church Civic Club/Fraternal Lodge College or University* Commercial Amusement, Indoor Commercial Amusement, Outdoor* Commercial School Convenience Store Convention Facility Custodial Quarters* Drug Store/Pharmacy Dry Cleaner Electric Generating Plant* Electric Substation* Equipment Leasing , Indoor Financial Institution Firewood Bulk Sales* Flea Market, Indoor* Furniture & Appliance Sales Grocery/Supermarket Home Improvement Center Kindergarten, Preschool or Childcare Center Landscape Nursery Laundromat Library Massage Therapy Medical and Surgical Appl iances Medical Laboratory Medical Office/Clinic Mining* Movie Theater/Theater Museum or Art Gallery Neighborhood Assistance Center Office Equipment Sales, Repair and Maintenance* Office, General Optical Dispensary Parking Garage or Lot, Commercial Pet Sales and Grooming Printer, Small Scale

Uses Permitted in the SC (Shopping Center) District Page 2

Reception Facility* Repair and Service Shop Restaurant Restaurant, Drive-Through* Retail Sales/Personal Service Retail Sales with Gas Pumps* Sanitary Landfill* School , Public or Private Sewage Treatment Plant* Shooting Range, Indoor* Stadium, Arena , Athletic Field* Tattooing/Body Piercing Establishment* Tire Dealer, No Outside Storage Used Goods or Products Collection Point, Temporary* Water Reservoir or Well , Public* Water Treatment Plant* Wind Generator* Wrecker Service (one)

* Allowed by Specific Use Permit only.

Fields, Shawna

From: Sent: To:

Luedtke, Paul Tuesday, February 11, 2014 3:29 PM Justin Whitman; Larry Miller; jason@catalystcommercial.net; John Rose; Marrocco Marc; Huynh, Thuan; Maguire, Christine; Jahn Brian

Subject: Centerville and Broadway Grocery Store Site

John,

The City of Garland Transportation Department has reviewed the analysis report provided by the DeShazo Group regarding the left turn access from Centerville Road onto the proposed site development. We concur with the assessment that modifications to the existing median opening and as well at the signal operation at the Centerville and Broadway intersection are necessary in order for the left turn access from Centerville to work. We approve the left turn access from Centerville Road with the following conditions:

• HEB is responsible for 100% of the cost of construction and installation for full hooded left turn bay at the median opening for the proposed site. The hooded left turn bay shall consist of a minimum of 60' of storage length for the southbound Centerville Road. Th is will require the reduction of the left turn storage length to 150' for northbound Centerville at Broadway which the developer will be 100% responsible for payment.

• HEB and the City agree to a 50/50 cost-sharing in the modification of the signal at Centerville and Broadway. This includes equipment, materials and installation cost necessary to convert the signal operation from a protected only movement to a protected/permissive movement on Centerville Road.

Let me know if you have any question or comment.

Paul

1

SECTION 32

PLANNED DEVELOPMENT DISTRICT (PD)

32-100 Purpose of District

The Planned Development District al lows for greater flexibility in the type, design and layout of land uses than do the standard zoning districts. Its purpose is to promote more efficient use of land and public services, encourage creative and innovative site design , and provide an increased level of amenities and aesthetic enhancement. Planned Development Districts are individually designed for a specific site in order to more appropriately address the unique physical and locational features associated with the property. Permitted uses and development standards are established by the Planned Development ordinance and may include just one, or a broad range of activities. Each Planned Development District is designed according to a detailed site plan which must be approved as part of the Planned Development ordinance.

32-200 Permitted Uses

Any use shall be permitted if such use is specified in the Ordinance granting a Planned Development District. The size, location , appearance, and method of operation may be specified to the extent necessary to insure compliance with the purpose of this Ordinance.

32-300 Development Requirements

32-310 Development requirements for each separate Planned Development District shall be set forth in the Ordinance granting the Planned Development District and MAY include, but may not be limited to ; uses, density, lot area , lot width , lot depth, yard depths and widths, building height, building elevations, coverage , floor area ratio , parking , access, screening , landscaping, accessory buildings, signs, lighting , management associations, and other requirements as the Council may deem appropriate.

32-320 The Ordinance granting a Planned Development District shall include a statement as to the purpose and intent of the Planned Development granted therein .

32-330 Planned Development District shall conform to the requirements provided for in Sections 11 , 12, 13, and 37 of this ordinance unless different requirements are set forth in the granting ordinance. Applications shall state all requested variances from the standard requirements set forth throughout this ordinance.

32-340 In addition to the requirements of Section 34, an application for a Planned Development District shall include a complete list of development conditions and uses which may be incorporated into the ordinance, if approved, as set forth in Section 32-310. A development plan may be included with the application. If no development plan is submitted and the Plan Commission or

Lpns ·+uB:::>!idde aLJ+ l\q pamwqns S! ue1d +uawdo1aAap B l!+un pa1qe+ aq llBLJS Janew all+ l\Jessa:::>au auo SPU!J l!:::>uno8 Al!8

development plan shall not be approved or recommended for approval until it has been reviewed and a report submitted as set out in 32-500.

32-400 Development Program and Plans

The Council may require development in conformance with a development plan as further specified herein.

32-410 Development Plans

The Council may require submission and approval of development plans showing the nature and character of the planned development, wh ich may include location of uses, buffering and screening devices, traffic circulation , schematic area drainage map, curb cuts , utilities, refuse storage and collection , and other features necessary to depict the development. These development plans may consist of a Land Use Plan , a Concept Plan , and/or a Detail Plan. When a development plan is required , the approval of a Land Use Plan or a Concept Plan shall be deemed as incomplete for development and no development shall begin until a Detail Plan is approved for that portion for which a building permit is sought. Land Use Plans, Concept Plans, and Detail Plans shall be as set forth herein . These provisions shall apply only when development plans are required.

32-411 General Requirements

Land Use, Concept, and Detail Plans shall be accurately drawn to an appropriate legible scale and shall include title , north arrow, scale, date drawn, and necessary references to accurately locate the property. Copies in sufficient quantity and at an appropriate size for review purposes shall be submitted by the owner, applicant, or their representative.

32-412 Land Use Plan

A Land Use Plan may be approved only on large Planned Development areas, generally 100 acres or more, where development is not expected to take pface within three (3) years on at least eighty (80) percent of the Planned Development area. A Land Use Plan shall be accurately drawn indicating boundary lines of the Planned Development area covered , proposed use areas, topography, wooded areas , streams, lakes, ponds, existing roadways , existing util ity lines and easements, general location of future roadways and utilities shown on the current approved thoroughfare and utility plans , general location of future parks and open space, schools, and other public facilities .

The Land Use Plan , or development conditions , shall indicate the approximate size of each separate use area, proposed uses, approximate density of residential uses, approximate gross floor area of non-residential uses, parking ratios , general building heights and other information required to describe the proposed development. Photographs,

sketches, or drawings may accompany a Land Use Plan to illustrate the type and nature of tfle proposed development. When a Land Use Plan is approved , a Concept Plan shall be approved on all or a portion of the Planned Development area prior to or in conjunction with the approval of a Detail Plan.

32-413 Concept Plan

A Concept Plan may be required for any Planned Development district when determined necessary by the Council. A Concept Plan includes all of the area of a Planned Development district, except that a Concept Plan may cover only a part of the Planned Development District if a Land Use Plan has been approved or is being approved in connection with the Concept Plan. All of the features required in a Land Use Plan shall be included in a Concept Plan and in addition thereto the Concept Plan shall indicate all proposed streets, alleys, drives, buildings, parking areas, landscaped areas , screening , uses of buildings and land, building heights , topography, and other features of the proposed development. A Concept Plan shall be construed to be an illustration of the development concepts only and not an exact representation of the specific development proposed. No building permits shall be issued based on an approved Concept Plan . Prior to issuance of any building permit, a Detail Plan shall be approved on that portion of the area of the Concept Plan for which a building

Eermit is sought. A Concept Plan shal be in conformance with a and Use Plan if one has been approved for the Planned

Development District.

32-414 Detail Plan

When a Development Plan is required , a Detail Plan shall be approved prior to development, and development shall be in general accordance therewith . A Detail Plan shall show the features which the Council deems need regulation. Features which the Council deems need no regulation may be shown for informational purposes but shall be presented in a manner to distinguish them from those being regulated .

32-500 Procedures

The procedures for granting , modifying , amending , or revising a Planned Development District or any of the development conditions, Development Plans , or permitted uses shall be the same as for any zoning district as set forth in Section 34, except as set forth herein. The application shall include: a description of the property, a drawing showing the various use areas within the proposed Planned Development area 1f more than one use area is expected ; proposed regulations , a list of any requested variances from standard requirements of the Zoning Ordinance; and any proposed development plans . When a Development Plan is being considered , a written report from the City Manager discussing the impact on planning , engineering , water utilities, electric, sanitation , building inspection , tax, fire , and traffic; and written comments from the applicable public school district; and from private utilities shall be submitted to the

Plan Commission prior to the Commission making any recommendations to the Council. In the event written comments are not forthcoming in a reasonable amount of time, the Commission may at its discretion make a recommendation to the Council.

32-510 An application for a Planned Development District may be submitted only for the following use groups and on the specified minimum acreage unless said acreage 1s specifically waived by the Plan Commission or City Council.

A. B. C. D. E. F. G. H. I. J. K. L. M.

Residential - 35 acres Office or Health Services on 5 acres Retail or Commercial sales and service on 10 acres Industrial or salvage yards use on 100 acres Shopping centers on 20 acres Public uses on any acreage Parking on any acreage Mobile home park on 35 acres Historical district on any acreage Complex for elderly on any acreage Governmental facilities on any acreage Business park on 10 acres Any combination of A-M above when meeting the respective minimum acreage requirements

32-600 Continuation of Existing Planned Development Ordinances

32-610 Prior to adoption of this ordinance, the City Council had established various Planned Development Districts, some of which are to be continued in full force and effect. The conditions, restrictions, regulations and requirements which apply to the respective Planned Development Districts shown on the Zoning Map at the date of adoption of this ordinance are carried forth in fulr force and effect.

Martinez, Rosalinda

Subject: FW: Old K-Mart Property

-----Original Message-----F rom: Williams, Councilman BJ Sent: Friday, July 24, 2015 10:02 AM To: Montgomery, Neil Cc: Neighbor, Brad; Stanley, Councilman Stephen; Olk, Jim; Martinez, Rosalinda Subject: Re: Old K-Mart Property

Neil :

Stephen and I would like to meet with you and Jim on this next week. Please have Rosalinda schedule. I am available anytime Monday afternoon or Tuesday morning.

Thanks! BJ

Sent from my iPhone

> On Jul 23, 2015, at 5:20 PM, Williams, Councilman BJ <BJWilliams@garlandtx.gov> wrote: > >Jim: > > Appreciate the update. Please note: > 1. There are major differences between the footprint of Saigon Mall and the old K­Mart property. > 2. Per the draft floor that you shared, let's make sure that the "Retail Sales" by right provision, is not used as a cover for a flee market, trader's village or Vikon Village type business at this critical location . >

> Along with Councilman Stanley, I would like to meet with you, Neal, and Brad, to review/discuss final plans, before COs are issued. Getting this project right, is absolutely critical to constitutes for longterm economic viability along two intersecting major corridors (Broadway@Centerville Rd.) in South Garland. >

> Councilman B. J. Williams >

1

> Sent from my iPhone >

>>On Jul 23, 2015, at 3:59 PM, Olk, Jim <JOlk@garlandtx.gov> wrote: >> >> Councilman W illiams, >> I started to draft a reply then I got bogged down with drafting a response based on the current GDC regulations. However, this proposed use was submitted prior to the GDC and because they have vested rights we have to review the plans based on the Zoning Ordinance that was in place when they submitted. >> >> When they submitted the property was zoned Shopping Center (SC) the SC zoning district al lowed uses like churches, commercial schools, indoor athletic facilities, indoor commercial amusement, movie theaters, banks, convenience stores, furniture and appl iance sales, grocery, supermarket, home improvement center, nursery, 1

Laundromat, offices, pet sales, restaurant, retail sales, personal service, animal clinic, etc .. . I have attached an electronic copy of the old zoning ordinance that has the listed uses for SC districts starting on page 15 of the electronic file . I have also attached the list of permitted uses that is included in the GDC, although the GDC has significantly more defined uses, the Community Retail (CR) category is the closest match. >>

>> The applicant has always asserted that they will be just like Saigon Mall, when I reviewed the Certificate of Occupancy for Saigon Mall it was listed as Retail Sales. It was not classified as an Indoor Flea Market because the leases are long term. The applicants for 3161 Broadway claim that all their leases will be long term leases and they do not meet the definition of an Indoor Flea Market. In speaking with other officials that have dealt with this applicant, he usually requires a hefty up-front fee to recoup his construction costs then there is a long term lease for each suite. >> >> The old zoning ordinance did not have a definition of Indoor Shopping Mall so if he does not meet the definition of Indoor Flea Market, we will have to consider his use Retail Sales, (l ike Saigon Mall). Retail Sales is a use that is permitted by right in that zoning district. We are attempting to impose restrictions that will encourage compliance with the intent of this development being a viable indoor mall. We will require COs be issued for each tenant space, we will limit the COs to only allowing display of merchandise within the lease space and we wi ll require them to provide us a copy of their lease so can make sure it is a long term lease. >>

>> Prior to issuance of the permit, I will review our findings with the City Attorney to insure we have acted appropriately. >> >>Please let me know if you have any further questions. >> Sincerely, >>Jim >>

2

>> >> Jim Olk - Building Official >> City of Garland >> >> -----Original Message----->> From: Williams, Councilman BJ >> Sent: Thursday, July 23, 2015 3:03 PM >>To: Olk, Jim >> Cc: Montgomery, Neil; Stanley, Councilman Stephen >> Subject: Re: Old K-Mart Property >> >>Jim: >>

. >>This is a reminder regarding the information previously requested. >> >> Councilman B. J. Williams >> >> Sent from my iPhone >> >>> On Jul 16, 2015, at 8:39 AM, Williams, Councilman BJ <BJWilliams@garlandtx.gov> wrote: >>> >>>Jim: >>> >>> Please send me the list of types of businesses are allowed at this site "by right", and the type of businesses that require an "SUP", under the GDC. I would like to discuss/review all additional plans (concept, detailed, landscaping, etc.) with you and Neil before CO is issued. Constituents are adamant about not having "flee market" at this location , not even a modified version. No "by right" surprises here - please. >>> >>>Thanks, >>> Councilman B. J. Williams >>> >>> Sent from my iPhone >>> >>>>On Jul 15, 2015, at 2:21 PM, Williams, Councilman BJ <BJWilliams@garlandtx.gov> wrote: >>>> >>>> Thanks. Please keep me informed. >>>> >>>> Sent from my iPhone >>>> >>>>> On Jul 15, 2015, at 2:06 PM, Olk, Jim <JOlk@garlandtx.gov> wrote: >>>>>

3

>>>>> Councilman Williams I >>>>> Yes sir, I did get out there. I actually visited two of them in that area. I went to the one on the north side of 1-30 first then found the right one on the south side. There are some things I think we can do to make it so that it doesn't end up that way. I plan to visit with Mr. Montgomery this week about it. We are still waiting on more detailed plans from the new tenant before we can issue the permit. >>>>> Let me know if you have any further questions. >>>>> Sincerely >>>>>Jim >>>>> >>>>> Jim Olk - Building Official >>>>> City of Garland >>>>> >>>>> -----Original Message----­>>>>> From: Williams, Councilman BJ >>>>> Sent: Wednesday, July 15, 2015 1 :44 PM >>>>> To: Olk 1 Jim >>>>> Cc: Montgomery, Neil >>>>> Subject: Old K-Mart Property >>>>> >>>>>Jim: >>>>> >>>>> This is in followup to our meeting last week regarding the subject property. Did you get an opportunity to visit the "flee market" facility located (Buckner@l-30) that I mentioned. As we discussed, after reviewing the preliminary floor plan that you shared, it appears to be modified plan for a flee market, which is not the highest and best use for this property. >>>>> >>>>> Thanks I >>>>> Councilman B. J. Williams >>>>> >>>>> Sent from my iPhone >> <GOC Chapter 2 Land Use Matrix.pdf> >> <Old Zoning Ordinance.pdf>

4

Martinez, Rosalinda

Subject: Location:

Start: End:

Recurrence:

Meeting Status:

Organizer: Required Attendees:

Resources:

Rosalinda

7/24/15

Old K-Mart Property Spring Creek Conference Room

Mon 7 /27 /2015 2:00 PM Mon 7 / 27 /2015 3:00 PM

(none)

Meeting organizer

Counci14 Stanley, Councilman Stephen; Council3; Williams, Councilman BJ; Montgomery, Neil; Neighbor, Brad; Olk, Jim Spring Creek Conference Room

Martinez, Rosalinda

From: Sent: To: Cc: Subject:

Stanley, Counci lman Stephen Friday. July 24, 2015 10:05 AM Will iams, Councilman BJ Montgomery, Neil; Neighbor, Brad; Olk. Jim; Martinez, Rosal inda Re: Old K-Mart Property

I'm available Monday afternoon or Tuesday morning.

Stephen W. Stanley Garland Councilman District 3 C ounci 13@.GarlandTX. Gov 214-870-6266 Cell

On Jul 24, 2015 , at 10:02 AM, Williams, Councilman BJ <B.JWilliamsrQ;garlandtx.gov> wrote:

Neil:

Stephen and I would like to meet with you and Jim on this next week. Please have Rosalinda schedule. I am available anytime Monday afternoon or Tuesday morning.

Thanks! BJ

Sent from my iPhone

On Jul 23, 2015, at 5:20 PM, Williams, Councilman BJ <BJWilliams<@!!arlandtx.!!ov> wrote:

Jim:

Appreciate the update. Please note:

l. There are major differences between the footprint of Saigon Mall and the old K-Mart property.

2. Per the draft floor that you shared, let's make sure that the "Retail Sales" by right provision, is not used as a cover for a flee market, trader's village or Vikon Village type business at this critical location.

Along with Councilman Stanley, I would like to meet with you, Neal , and Brad, to review/discuss final plans, before COs are issued. Getting this project right, is absolutely critical to constitutes for longterm economic viability along two intersecting major corridors (Broadway@Centerville Rd.) in South Garland.

Councilman B. J. Williams

Sent from my iPhone

On Jul 23, 2015, at 3:59 PM, Olk, Jim <JOlkr@l!arlandtx.gov> wrote :

Councilman Williams,

I started to draft a reply then I got bogged down with drafting a response based on the current GDC regulations. However, this proposed use was submitted prior to the GDC and because they have vested rights we have to review the plans based on the Zoning Ordinance that was in place when they submitted.

When they submitted the property was zoned Shopping Center (SC) the SC zoning district allowed uses like churches, commercial schools, indoor athletic facilities, indoor commercial amusement, movie theaters, banks, convenience stores, furniture and appliance sales, grocery, supermarket, home improvement center, nursery, Laundromat, offices, pet sales, restaurant, retail sales, personal service, animal clinic, etc ... I have attached an electronic copy of the old zoning ordinance that has the listed uses for SC districts starting on page 15 of the electronic file. I have also attached the list of permitted uses that is included in the GDC, although the GDC has significantly more defined uses, the Community Retail (CR) category is the closest match.

The applicant has always asserted that they will be just like Saigon Mall, when I reviewed the Certificate of Occupancy for Saigon Mall it was listed as Retail Sales. It was not classified as an Indoor Flea Market because the leases are long term. The applicants for 3161 Broadway claim that all their leases will be long term leases and they do not meet the definition of an Indoor Flea Market. In speaking with other officials that have dealt with this applicant, he usually requires a hefty up-front fee to recoup his construction costs then there is a long term lease for each suite.

The old zoning ordinance did not have a definition of Indoor Shopping Mall so if he does not meet the definition of Indoor Flea Market, we will have to consider his use Retail Sales, (like Saigon Mall). Retail Sales is a use that is permitted by right in that zoning district. We are attempting to impose restrictions that will encourage compliance with the intent of this development being a viable indoor mall. We will require COs be issued for each tenant space, we will limit the COs to only allowing display of merchandise within the lease space and we will require them to provide us a copy of their lease so can make sure it is a long term lease.

2

l

Prior to issuance of the permit, I will review our findings with the City Attorney to insure we have acted appropriately.

Please let me know if you have any further questions.

Sincerely,

Jim

Jim Olk - Building Official

City of Garland

-----Original Message-----

From: Williams, Councilman BJ

Sent: Thursday, July 23, 2015 3:03 PM

To: Olk, Jim

Cc: Montgomery, Neil; Stanley, Councilman Stephen

Subject: Re: Old K-Mart Property

Jim:

This is a reminder regarding the information previously requested.

Councilman B. J. Williams

Sent from my iPhone

On Jul 16, 2015, at 8:39 AM, Williams, Councilman BJ <B.IWilliamslU!carlandtx.gov> wrote:

Jim:

Please send me the list of types of businesses are allowed at this site "by right", and the type of businesses that require an "SUP", under the GDC. would like to discuss/review all additional plans (concept, detailed, landscaping, etc.) with you and Neil before CO is issued. Constituents are adamant about not having "flee market" at this location, not

3

even a modified version. No "by right" surprises here - please.

Thanks,

Councilman B. J. Williams

Sent from my iPhone

On Jul 15 , 2015, at 2:21 PM, Williams, Councilman BJ <BJWilliamswhrnrlandtx.Qov wrote:

Thanks. Please keep me informed.

Sent from my iPhone

On Jul 15, 2015, at 2:06 PM, Olk, Jim <JO!k<@1mrlandtx.gov >wrote:

Councilman Williams,

Yes sir, I did get out there. I actually visited two of them in that area. I went to the one on the north side of I-30 first then found the right one on the south side. There are some things I think we can do to make it so that it doesn't end up that way. I plan to visit with Mr. Montgomery this week about it. We are still waiting on more detailed plans from the new tenant before we can issue the permit.

4

Let me know if you have any further questions.

Sincerely

Jim

Jim Olk - Building Official

City of Garland

-----Original Message-----

From: Williams, Councilman BJ

Sent: Wednesday, July 15, 2015 1:44 PM

To: Olk, Jim

Cc: Montgomery, Neil

Subject: Old K-Mart Property

Jim:

This is in followup to our meeting last week regarding the subject property. Did you get an opportunity to visit the "flee market" facility located (Buckner@I-30) that I mentioned. As we discussed, after revic-.ving the preliminary floor plan that you shared, it appears lo be modified plan for a flee market, which is not the highest and best use for this property.

5

Thanks,

Councilman B. J. Williams

Sent from my iPhone

GDC Chapter 2 Land Use Matrix.pdt'>

<Old Zoning Ordinance.pdt'>

6

July 27, 2015

Marc Morrocco 1875 Laws Street Dallas, Texas 75202

Re: 3161 Broadway.

Dear Mr. Morrocco,

GARLAND TEXAS MADE HERE

On April 10, 2015 a permit application was submitted by KL T Renovation for "Commercial Interior Remodel" at your property located at 3161 Broadway. Since then we have had several plan iterations that we have discussed and tentatively reviewed. Upon a more thorough review of the latest plan, I have determined that your proposed use of the property meets with the definition of "Flea Market, Indoor" as listed in Section 38, 94 of the Zoning Ordinance (Ordinance No. 4647).

Based on Section 10-200 of the Zoning Ordinance a "Flea Market, Indoor" is required to have a Specific Use Permit in this Shopping Center zoning district. At this time we will not be able to approve a building permit or issue a Certificate of Occupancy for an indoor flea market without obtaining the approval of a Specific Use Permit.

Specific Use Permit applications may be found on-line at www.garlandtx.gov or you can contact our Planning Department at 972-205-2445 and they can assist you through the Specific Use Permit process.

Sincerely,

Jim Olk Building Official City of Garland, Texas

Cc: KL T Renovation 7920 Beltline Rd. #730 Dallas, Texas 75254

CITY OF GARLAND

PO BOX 469002 GARLAND, TX 75046·9002

972·205·2000

WWW.GARLANDTX.GOV

CITY OF GARLAND

PO BOX 469002 GARLAND, TX 75046-9002

972-205-2000

WWWGARLANDTX.GOV