Peak's Addition Homeowners' Association

On March 26, 2009, MZ Grocery’s appeal of TABC’s decision not to renew their alcohol sales permits was held in the 44th District Court before Judge Carlos Cortez. Following a 90-minute hearing, Judge Cortez affirmed TABC’s decision denying renewal of the permits. This confirms the administrative law judge’s previous ruling and represents a huge victory for the neighborhood.

TABC’s order takes effect immediately, though the agency may give MZ Grocery a little time to dispose of its inventory. Nonetheless, alcohol sales should cease within a few days.

Many thanks to the sizeable group of neighbors who showed up (many for the fourth time) at the hearing to voice their support in the form of their attendance. Once again, the showing of community support on this issue was invaluable. Also, much appreciation is due to Nick Canaday from the Texas Attorney General’s Office, who was tasked with arguing for the affirmation of TABC’s order with only 6 days to learn all the facts and prepare the legal arguments.

A huge recognition also to the core group who spent many hours working on this over the past several years:

• Adam McGough, Community ProsecutorCody McCullar, Community Prosecutor
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• Walker Duke, PAHA Resident
• Elizabeth Nelson, PAHA Resdient

Posted by at 12:42 PM | Permalink | Comments (0)

Alright everyone, it's time to rally the troops for MZ Grocery one more time. They have filed their appeal and the matter is set for hearing next Thursday, March 26th at 9:30 a.m. It is being heard in the 44th District Court (Judge Carlos Cortez), which is located downtown in the George Allen Courts Building at 600 Commerce Street (this is different from where the trial was). This is very short notice, but that is the timeframe that the procedural rules dictate.

We need as many people there as possible. No one will have to speak and, in fact, the Protestants sole mouthpiece will be the Attorney General's Office (who represents TABC, the technical "Defendant"). However, just as with the original trial, neighborhood participation through attendence will be very important.

Date: Thursday, March 26
Time: arrive in court by 9:15
Location: George Allen Courts Building, 600 Commerce Street
Parking: there are various parking lots around the courthouse, but there is underground parking connected to the courthouse (entrance on Commerce St. by the Old Red Courthouse) that is very convenient. Approximately $8-$9.
Duration: The hearing could last anywhere from 10 minutes to 2 hours, but it should not be an all-day event like the trial.

This is the final step, if we are successful, at having alcohol sales discontinued at MZ Grocery. A final ruling is due by March 30th, so the end is potentially in sight. We need everyone's help to try and finish this out!

Posted by at 5:53 PM | Permalink | Comments (0)

FORM BASED ZONING DECISIONS – DECEMBER 10th – EMAIL OR CALL COUNCIL TODAY!!

THREE KEY ISSUES are still needed to protect our neighborhoods and to make the form-based zoning ordinance an effective tool. There are three items that still remain “off of the Natinsky / Staff Form Based Zoning Ordinance” and Dallas needs these items included. Neighborhoods and Developers are on the same page with this plea. 

WE STILL MUST ASK THE COUNCIL TO:

• INCLUDE Critical Mass,
• INCLUDE Residential Transition Neighborhoods,
• INCLUDE Residential Proximity Slope.

Click here to email city council.

Continue reading "ACTION NEEDED: Form Based Zoning Case Dec. 10" »

Posted by at 3:47 PM | Permalink | Comments (0)

The City Council Public Hearing will be next Wednesday morning, December 3 starting at 9 am in room 6ES at City Hall. The Developer-Neighborhood compromise is supported by Preservation Dallas, the Dallas Homeowners League, the Old Oak Cliff Conservation League, the Real Estate Council, and the City Plan Commission. City staff will be presenting a different version that does not include several key elements that will protect stable, single family neighborhoods.

City Council may vote on this at the public hearing. Please consider attending to show your support for the Developer-Neighborhood compromise version.

Wednesday, December 3 beginning at 9 am

City Council Public Hearing

Form Based Zoning

Room 6ES

Dallas City Hall, 1500 Marilla

Posted by at 9:20 AM | Permalink | Comments (0)

Support the Develop-Neighborhood Compromise and help build exciting new walkable urban neighborhoods for Dallas! Mark your calendar now to attend this critical public hearing, rescheduled from November 10th, for a new form-based zoning code. This will govern the next generation of Dallas development.
December 3rd, 2008 at 9 a.m.
Dallas City Council Chambers
1500 Marilla, 6th floor

“NO” to the NATINSKY PROPOSAL - The Natinsky Proposal will Devastate Dallas’ Neighborhoods
“YES” to the DEVELOPER-NEIGHBORHOOD COMPROMISE - Unanimously supported by the City Council-appointed Advisory Committee and the City Plan Commission
This will build exciting walkable Urban neighborhoods
This will protect our existing neighborhoods
Why say “NO” to the NATINSKY PROPOSAL? The Natinsky Proposal will devastate Dallas’ neighborhoods:

• No Critical Mass
• No Residential Proximity slope required
• No ½-block Residential Transition Neighborhood required
• Can be located on scattered small sites throughout city
• Huge parking reductions not suitable for scattered sites
• City Council cannot control parking reductions

WHAT YOU CAN DO:

1. E-MAIL the Dallas City Council
2. Attend the November 10 Public hearing and bring friends, family and neighbors

Continue reading "December 3 City Council Meeting - Need Neighbor Support" »

Posted by at 6:53 PM | Permalink | Comments (0)

Support the Develop-Neighborhood Compromise and help build exciting new walkable urban neighborhoods for Dallas! Mark your calendar now to attend this critical public hearing for a new form-based zoning code. This will govern the next generation of Dallas development.
November 10th, 2008 at 1 PM
Dallas City Council Chambers
1500 Marilla, 6th floor

“NO” to the NATINSKY PROPOSAL - The Natinsky Proposal will Devastate Dallas’ Neighborhoods
“YES” to the DEVELOPER-NEIGHBORHOOD COMPROMISE - Unanimously supported by the City Council-appointed Advisory Committee and the City Plan Commission
This will build exciting walkable Urban neighborhoods
This will protect our existing neighborhoods
Why say “NO” to the NATINSKY PROPOSAL? The Natinsky Proposal will devastate Dallas’ neighborhoods:

• No Critical Mass
• No Residential Proximity slope required
• No ½-block Residential Transition Neighborhood required
• Can be located on scattered small sites throughout city
• Huge parking reductions not suitable for scattered sites
• City Council cannot control parking reductions

WHAT YOU CAN DO:

1. E-MAIL the Dallas City Council
2. Attend the November 10 Public hearing and bring friends, family and neighbors

Continue reading "November 10 City Council Hearing" »

Posted by at 5:51 PM | Permalink | Comments (0)

As of press time, there is no new news regarding the MZ Grocery protest.  The judge has not yet issued a ruling.  It is not uncommon for judges to take several weeks to make a ruling, and there was a larger than usual amount of evidence and testimony for him to consider in this case.  The ruling will be posted on the PAHA website when it is received, so check back regularly.

Posted by at 10:10 AM | Permalink | Comments (0)

On August 22, 2008, the State Office of Administrative Hearings held the long awaited hearing on the protest of MZ Grocery's alcohol sales licenses.  The neighborhood put on its evidence of why the permits should be denied, and the Dallas City Attorney's Office presented its best case as well.  The judge took the arguments and evidence of all parties under advisement and should issue his ruling within the next month.

Many thanks to the large group of neighbors that showed up that morning to lend their support in the form of their appearance.  Also, many thanks to all the neighbors that showed up for the previous two settings.  The neighborhood owes a large debt of graditude to Elizabeth Nelson for initiating this protest and seeing it through for 2 1/2 years, to Adam McGough of the Dallas City Attorney's Office for continued support of the neighborhood's efforts, and to our City Council Representative Pauline Medrano who made an appearance at the hearing to voice her support of the protest.

Posted by at 10:45 PM | Permalink | Comments (0)

Neighbors from all over the City of Dallas showed up to the Board of Adjustment hearing this month in support of the applicant's request that the Building Official's 'green tag' for the Building Permit for 6159 Oram Street be reversed / overturned.
Our neighborhood board voted unanimously that we support the applicant and believe this Building Permit and 'green tag' should never have been granted. The building official incorrectly interpreted grade and therefore height.
We believe the Building Official erred in his interpretation of 'grade.' Grade should not be artificially raised 8, 10, or 12 feet or more into the air. This has been accomplished at 6159 Oram by what has variously been called:

• a 'dirt skirt'
• 'dirt stilts' built at each corner of the building
• 'dirt wallpaper' since dirt was applied to the outside of the building after it was built
• 'dirt buttresses' that are actually a part of the building and do not meet setback requirements

Continue reading "Dallas Dirt Skirt Hearing Results by Elizabeth Nelson" »

Posted by at 10:40 PM | Permalink | Comments (0)

This zoning hearing affects all of our neighborhoods and we need many e-mails and people present. No one wants to live next door to, or back up to, a structure that is now a full one-story higher than is allowed by our zoning codes.

Wherever your neighborhood borders on multi-family, commercial or planned development district zoning, it will be DIRECTLY affected by the outcome of a Board of Adjustment hearing this Tuesday, August 12th at 1:00 p.m. in the Council Chamber. PLEASE MAKE EVERY EFFORT TO ATTEND.

Please send emails and letters asking the Board of Adjustment to:

• rule IN FAVOR of the applicant and to find that the building official erred in his determination that this was a three-story (36 foot) building.
• rule that the "grade level" from which the height of this building should be measured is the grade of the actual ground the building sits upon.

We believe the building official ERRED when he decided to measure the height of the building from an artificial "grade level" consisting of the top of a dirt berm or dirt buttress, mounded up against the corners of the building, rather than from the ground level ("grade level") on which the entire structure all sits.

Recap of action requested:

1. Attend Board of Adjustment hearing this Tuesday, August 12th at 1:00 p.m. in the Council Chamber
2. Email the Dallas Board of Adjustments
3. Continue reading this email for further information and material to explain the issue

Continue reading "ACTION REQUESTED: Dirt Skirt Hearing" »

Posted by at 3:16 PM | Permalink | Comments (0)

The final hearing on the protest of MZ Grocery Store's alcoholic beverage permit has been scheduled for Friday, August 22, 2008 at 10:30 a.m. It will be held at the State Office of Administrative Hearings, located at 6333 Forest Park Road, Suite 150-A, Dallas, Texas 75235. After several postponements, our protest will finally be presented to the Administrative Law Judge for a final ruling.
We have had a great neighbor showing at the previous two settings. This sent a clear message to the administrative law judge that the neighborhood has united in this cause. PAHA is calling on your support one more time. We need as many neighborhood residents as possible (PAHA members or otherwise) to be in attendance at the August 22nd hearing to demonstrate to the Court just how unified the community is on this issue. If you have first hand knowledge of shady activities at or around MZ Grocery, or have documentary evidence of this (e.g. pictures, video, etc.), please contact Walker Duke at 214.891.8034, as you may have an opportunity to share your experiences with the Court. Even if you do not wish to testify at the hearing, everyone's support in the form of their attendance will be vital. If you cannot make it to the hearing but would still like to contribute to the cause, we would welcome letters to the Court. Please call Walker if you are interested in providing this form of support.
Let's pack this hearing office on August 22nd!

Posted by at 9:10 AM | Permalink | Comments (0)

Baylor has several developments planned, including a new Administration building
located off Worth and Haskell, behind the El Mundo Tire store. The land has
been cleared and is being prepared for development of the first building within
the new Baylor PD district. The building will be a four story office building,
constructed of red brick with black awnings on the first floor. Businesses that
will office there or lease space there include: Baylor Police, Credit Union,
MEDCO construction, Baylor's Legal department, CB Richard Ellis. The building
is 85,000 square feet and will have highly landscaped surface parking behind the
building.

Continue reading "Baylor Campus Developments" »

Posted by at 1:43 PM | Permalink | Comments (0)

So the real estate market is slowing down? Well, it doesn’t seem like it in East Dallas. Several developments are taking place in and around Peak’s Addition. So many, it’s difficult to keep up! For starters, we all know about the “Office Depot” shopping center at the corner of Gaston and Haskell. Office Depot, Lenny’s Subs, State Farm Insurance, Divino’s, and T-Mobile are all officially open for business, so please visit soon! On the corner of the site, a bank is being constructed right now. This will be a Capitol One Bank. Across the street from the Office Max Center, between the 7-11 and Church’s Chicken, the old Divino’s will be torn down, as well as the coin laundry. In their place will be an Aldi grocery store. This will be a great little neighborhood grocery with all of the basics, within walking distance for some. Construction is scheduled to begin in early 2009. Visit www.aldi.com to learn more about their business.
Some other developments to mention:

Continue reading "Gaston Avenue and other Area Development by Elizabeth Nelson" »

Posted by at 1:40 PM | Permalink | Comments (0)

Remember all the big beautiful trees that used to be on the corner of Live Oak and Grigsby? It seems that Peak Academy's construction plan has been to do what they want, when they want, regardless of what the city has mandated (besides bulldozing those trees, they also have been working hours outside of what city code permits). If we all write letters expressing our outrage and disappointment about the ruining of the green space and illegal removal of trees, the Zoning Commission is more likely to be stringent with Peak's architects and insist that they work to appease the local homeowners (i.e. more greenery/trees).

There is a hearing scheduled for April 10 for the latest construction plan for the parking lot to be approved by the city. The Chief Arborist says that the plan that is currently submitted DOES NOT have any islands within the parking lot for trees, only shrubs and intermittent trees around the border. He is looking at the long run (30-50 years) from now, and is asking that the plan be modified to include a few islands within the parking lot for trees.

PLEASE write a letter to the city. If there are a pile of letters in the folder when the plan goes up for review, the city will take the damage that has been done more seriously, and they will see that the neighborhood stands together for improvement.

The address is:
Development Services
Ref. Zoning ID# Z078-183
1500 Marilla St.
Room 5B North
Dallas, TX 75201

Make sure to reference the ID# Z078-183 in your letter.

Posted by at 9:40 PM | Permalink | Comments (1)

Please be advised that the MZ Grocery TABC Hearing has been delayed and will not occur Friday, March 28, as previously scheduled. A new date will be published in the future.

TABC has agreed to allow us to present our evidence on 4 arguments, and as such deemed that the other side should be allowed more time to prepare their defense. This is worth the delay as it gives us time to prepare our evidence even more.

Posted by at 9:20 PM | Permalink | Comments (0)

Calling all concerned citizens.  The TABC has scheduled the hearing on the protest of MZ Grocery's beer and wine license for March 28, 2008 at 9:00 a.m.  The hearing will be held at the State Office of Administrative Hearings, located at 6333 Forest Park Road, Suite 150-A, Dallas, Texas 75235.  This is the third (and hopefully final!) setting for this hearing. 
Many PAHA members attended the previous two settings, and that support was greatly appreciated--it sent a clear message to the administrative law judge that the neighborhood has united in this cause.  The neighborhood is calling on your support one more time.  We need as many neighborhood residents as possible (PAHA members or otherwise) to be in attendance at the March 28th hearing to demonstrate to the Court just how unified the community is on this issue.  If you have first hand knowledge of shady activities at or around MZ Grocery, or have documentary evidence of this (e.g. pictures, video, etc.), please contact Walker Duke at 214.891.8034, as you may have an opportunity to share your experiences with the Court.  Even if you do not wish to testify at the hearing, everyone's support in the form of their attendance will be vital.  If you cannot make it to the hearing but would still like to contribute to the cause, we would welcome letters to the Court.  Please call Walker if you are interested in providing this form of support.
Let's pack this hearing office on March 28th!

Posted by at 3:57 PM | Permalink | Comments (0)

February applications for CAs (Certificate of Appropriateness):

Continue reading "Task Force Update by Renee Manes" »

Posted by at 3:51 PM | Permalink | Comments (0)

From Balk Talk Lakewood/East Dallas, 1/21/08:

Update (9 a.m. Monday): Just got off the phone with Jeff Brand of Greenway, who says he is working with a major grocery store chain to open a location across the street from from the Office Depot. He says it's too soon to say which chain. Also, the Peak's Addition neighborhood group played a key role in getting the project to this point, working with the developer and the chain to solve some parking problems.

Aldi, a German grocery store chain, is supposed to be looking at Gaston near Baylor, near a strip center anchored by a soon-to-open Office Depot. (This begs the question of why we need four office supply big boxes between City Place and Park Lane, but who am I to question the mysterious workings of the retail market?)

We have heard Aldi was coming as long ago as last February. The chain is an upscale no-frills operation, with 850 stores across the country. It's also reportedly opening a store in Oak Cliff, where they have even fewer grocery stores than we do.

Also going in near the Office Depot is Divino's, a very nifty local pizza chain that's moving across the street; and Lenny's Subs, a franchise of a New Jersey chain.

Posted by at 4:45 PM | Permalink | Comments (0)

Andres Properties is hosting a neighborhood meeting and open house Tuesday, January 15th, 6:30 - 8:00 pm to showcase their plans for the redevelopment of 2.95 acre Carnival site at 1800 Henderson Avenue. The event will take place inside the former Carnival facility, and will be catered by local restaurants.

City Plan Commission hearings are set for January 17th at Dallas City Hall.

Posted by at 7:35 PM | Permalink | Comments (0)

On October 9, 2007, concerned neighbors met for the second time at the State Office for Administrative Appeals to protest the renewal of the liquor license for the MZ Grocery Store, located at Carroll and Worth. Unfortunately, neighbors were not able to voice their concerns as the hearing was postponed for a second time due to TABC’s failure to file documents in a timely manner. No new hearing date has yet been set, but neighbors will be informed via the PAHA website as well as the newsletter of when the next hearing will be. Thank you to all those who made the effort to attend.

Posted by at 6:05 PM | Permalink | Comments (0)

Today Burlew Street Partners begins demolition of two apartment buildings and 2 houses in East Dallas that have been a breeding ground for criminal activity for years. This is the beginning of re-development in the area bounded by Ross, Haskell, Carroll and Bryan. Burlew Street Partners owns over 14 acres of properties, zoned MF-2 with a commercial zoning overlay on parts of it. One of the properties is the original Mrs. Baird’s bread factory building, built in 1928 by George Dahl. Merriman has drawn up plans for converting this building into soft lofts.

The demo is scheduled to start today on the apartments on Carroll street, between San Jacinto and Bryan, then continue with a house on Annex and one on Burlew.

More information can be found on the Burlew Street Partners website.

Posted by at 5:53 PM | Permalink | Comments (0)

On Wednesday, September 12, 2007, concerned neighbors met at the State Office for Administrative Appeals to protest the renewal of a liquor license for the MZ Grocery on the corner of Worth and Carroll Streets.

Continue reading "MZ Grocery License Renewal Update By Mary Beth Galbreath" »

Posted by at 8:51 AM | Permalink | Comments (0)

MZ Grocery Liquor License Renewal TABC Hearing
September 12, 10:30 a.m.
Location:
Dallas State Office of Administrative Hearings
6333 Forest Park Road Suite 150A
Dallas, TX 75235
214-956-8616

Hearing will be led by Judge Jerry Van Hamme.

Contact 2vp@peaksaddition.org if you are interested being part of this effort.

Click here to download PAHA's official letter of protest

Posted by at 9:29 AM | Permalink | Comments (0)

The City Plan Commission review of the Reconciliation Outreach SUP Proposal at Peak & Bryan, previously scheduled for Thursday, August 23rd, has been postponed. More information will be provided as it becomes available.

Click here for more information.

Posted by at 6:54 PM | Permalink | Comments (0)

The City Planning Commission review of Reconciliation Outreach's request for a Special Use Permit to turn the Brannon Building at the corner of Peak and Bryan Streets into an elementary charter school has been delayed. Our Homeowners' Association opposes this request, and will provide more information for the date of this review when it is available, so that members can attend the meeting to voice their opposition.

Click here to download the official letter from the HA to the city stating our reasons for the opposition.

If you are planning to attend or have questions, please contact PAHA via email.

Overview
Location: Brannon Building, Northeast corner Peak and Bryan
Special Use Permit Proposal: Charter School
Applicant: Reconciliation Outreach
Property Zoning: PD298, sub area 9
Proximity: Outside PAHA/PSAHD; approximately 2 blocks away
SUP requirements Include: Traffic study
City Planning Commission: TBA
City Council: TBA
Disposition: TBD

Posted by at 11:38 AM | Permalink | Comments (0)

Burlew Street Partners has assembled over 12 acres of properties in one of the last undeveloped "in town" areas of Dallas, referred to as Uptown East. The properties are located in East Dallas, bounded roughly by Ross, Haskell, Bryan and Annex. Burlew Street Partners plans to sell most of the properties to other developers while keeping seveal sections for development into town homes, including the building that was once the original Mrs. Baird's bakery built in the 1920s. Burlew Street Partners has hired Merriman Associates/Architects to develop town home plans for several tracts of land in this portfolio, including a master plan. In addition, Merriman along with Ebby Halliday Building Services, is designing plans for luxurious lofts in the Mrs. Baird's building with integrated town homes around it.

See article in Dallas Morning News.

Posted by at 7:08 PM | Permalink | Comments (0)

City Plan Commission
August 23, 1:00 p.m.
Reconciliation Outreach SUP Proposal
(tentative date; check website for final details)

Posted by at 7:06 PM | Permalink | Comments (0)

McShane Company has approached representatives from Peak's Addition and surrounding neighborhoods to get feedback on proposed development of apartments on the north side of Live Oak near Fitzhugh. This project is in early stages and a date for City Plan Commission review has not yet been set.

Download PDF file of preliminary rendering

Posted by at 7:35 AM | Permalink | Comments (0)

Location: Brannon Building, Northeast corner Peak and Bryan
Special Use Permit Proposal: Charter School
Applicant: Reconciliation Outreach
Property Zoning: PD298, sub area 9
Proximity: Outside PAHA/PSAHD; approximately 2 blocks away
SUP requirements Include: Traffic study
City Planning Commission: July 18, 2007
City Council: August TBA, 2007
Disposition: TBD

Details will be added as they are known.

Posted by at 8:07 PM | Permalink | Comments (0)