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Know Your Deep Ellum Association and Deep Ellum Foundation

Thu Nov 08, 2007 at 10:31:09 AM

In advance of this afternoon's City Plan Commission meeting, during which several Deep Ellum and Exposition Park bars and clubs will have their specific use permit hearings in the council chambers at City Hall, two Friends of Unfair Park have asked for some room to explain the differences between the Deep Ellum Association and the Deep Ellum Foundation. It's a rather simple clarification, actually: The Deep Ellum Association's made up of the small-business owners and residents who refuse to give up on the neighborhood, while the Deep Ellum Foundation consists of the property owners. Click here to see the list of Deep Ellum Foundation's board of trustees.

The two organizations were once tethered, but separated in February after some nasty squabbling. And now the Association wants to make it clear it's not behind the push for the granting of SUPs; that would be the Foundation, run by Barry Annino. And Annino has never made any secret of his intentions: "We want smaller bars, smaller clubs, not these big dance halls people pile into on weekends," he told Unfair Park in June 2006, when the city council approved the zoning changes in Deep Ellum. The ordinance will eliminate the big guys. ... We want to make to a place to live as opposed to a place to abuse, like it is now. Now, it's not working."

That said, first up is Alison Faye of the Deep Ellum Association, who also pens the blog The Sub-Rosa; she's followed by Mark Roberts, co-owner of the Pawn Gallery.

Writes Faye:

Lots of confusion about the Deep Ellum Association and the Deep Ellum Foundation. I need to make this perfectly clear:

In their origin, the Deep Ellum Association (a non-profit organization) was to be financially supported by The Deep Ellum Foundation (a supporting organization). The Foundation existed exclusively to help the Association.

The Association's funds come from an operating account that generates money from membership fees and fund raising.

The Foundation's funds come from a PID account (Public Improvement District) that generates property owner's overcasting themselves and overpaying .. taxes. That percentage dumps into the PID. This is a significantly larger account.

The PID $ is supposed to be spent every year on public improvement, marketing, and efforts to maintain and strengthen the neighborhood.

For many years they worked hand in hand... until 2003 when the Foundation had lawyers come in and remove strategic areas of the Bylaws including the word "exclusively" and several sentences about the election structure of the Foundation among other things.

Then, in February 2006, these organizations split. The Association was kicked out their office on Commerce, and the PID funds are now directed solely by The Foundation.

Now, 9 months later, The Association has a new office on Elm St. (2822), and I am in there every day trying to organize 16 years of paperwork, and get this service to the community up and running.

I've spent many hours of MY OWN TIME trying to help out on the SUP cause, and though I cannot speak for the Association, please note that it is not the Foundation, and is not opposed to the clubs. The Association is made up of residents, business owners (all types) as well as a few land owners.

Note: Don Cass, a land owner, has came and spoke kindly about businesses in these SUP hearings. They are not all bad or trying to bulldoze the neighborhood. In fact Don Blanton (our landlord) was in today to take a look at the office, and yesterday he personally taught me how to use our trash compactor.


And on Save Deep Ellum's site, this is what Roberts has to say:

We wanted to post this up to negate some of the comments directed towards the nebulous “they” which our name occasionally becomes attached.

The purpose of the Deep Ellum Association is to represent business owners and residents in the area. The members of the Association work and live in the area and have similar concerns to many of our neighbors. There has been some confusion between our goals and the goals of the Deep Ellum Foundation, which consists of major property owners and real estate developers.

Just to clarify some points:

The Deep Ellum Association consists of small business owners and is all for business that run in a responsible manner, obey the laws and behave like good neighbors. This includes tattoo parlors, nightclubs, bars, restaurants and sex shops as well as the other diverse range of businesses in the area. Deep Ellum is a bastion of music, art, culture and commerce and we embrace everything which promotes that end in healthy proportions.

The Deep Ellum Association does not support the coordinated efforts of developers, major property owners and the Deep Ellum Foundation have been engaging in to close down business and gentrify the neighborhood. A large number of Associations members would be directly affected by an increase in rent/taxes, not to mention the unique history and texture of this amazing area would be obliterated.

We are of the opinion that some development is inevitable but should be coordinated with a master plan which includes as much of the old as possible, incorporating new construction as appropriate. We believe the plan should be an updated version of Plan Development 269, which was developed by an urban planning firm at the request of the city. (This plan can be found at http://groups.google.com/group/deep-ellum/files)

The SUP is a city-wide program and was not invented by The Deep Ellum Association or Foundation. Oak Lawn and Greeville Avenue bar/clubs all have to get use permits. The SUPs were brought into the area by the major property owners to combat some of the clubs which were not good neighbors and cause problems. The concept of parking allotments for square footage is not supported by the Deep Ellum Association. We are working to maintain what already is a walking entertainment area, so the idea of having mandatory parking is contrary to our goals.


Roberts also invites everyone to the November 15 neighborhood meet-and-greet, from 6 to 8 p.m. at Crustaceans, 2711 Elm. Or you can probably see most of those folks today at City Hall, around 1:30. --Robert Wilonsky

16 Comments:

ryan says:

All the SUP's on todays agenda have staff's recommendation for APPROVAL....for two years..I read it right there in the pdf

chris says:

Thats great news! Most of the bars on the list have been great neighbors when it comes to running their businesses.

Yes, but staff recommended approval for all SUP applications last week, including Monkey Bar and the other two whose SUPs were denied.

http://www.dallascityhall.com/meetings/plan_commission/cpc_agenda_110107.pdf

Staff recommendations are often ignored, not only before the City Plan Commission.

For the record, I am on the Deep Ellum Association board and wrote that with input from other some Association members.

Alison is a badass, by the way.

gh says:

Does the City Plan Commission broadcast live on channel 6B?

This is something we tried to tell everyone a year ago when we were trying to re-open the "Trees" building. We were the first to go through the process and found out that all clubs in Deep Ellum have to have an approved SUP by Dec 31. Also we found out all the info behind the "WHY".

DEEP ELLUM as we knew it is GONE. SCREW DALLAS, they have killed a beautiful place. It was an artist dream, a natural underground scene. Now it is going to be a Mockingbird Station.


Here is how it has happen, as I see it.

Why would Dart put a rail station in Deep Ellum? For weekend travelers? No sorry, they want daily commuters. They want people to live in Deep Ellum, thinking they are cool, and going to work in Plano. So, why is Dart building the rail station in Deep Ellum when there is one downtown?

It was not only the City of Dallas, but Barry Annino and Jeff Swaney. Jeff owns a lot of real estate in Deep Ellum, he met with the city and Dart and promised them that he would sell all of his property in city blocks to developers. His ex-partner, Barry is the head of the "Deep Ellum Foundation" and several other associations. I was told by Barry, that if our SUP went before the Dallas City Council, he would deny it. He stated that the Dallas City Council will call him as the expert on Deep Ellum and he offers the Council his comment. They will accept it and deny any and all SUPs that Barry does not approve.


This is not about the historic buildings, the art, music or lifestyle in the old Deep Ellum, it is only greed by Barry and Jeff. Please read below:

"Barry Annino and Jeff Swaney are business partners that own most of the Deep Ellum Real Estate. They are the ones who would not allow "TREES" to reopen. They are the ones, who want everyone out of Deep Ellum so they can sell their property to developers and make a lot of money. Ironically Jeff Swaney was the original owner of "Club Clearview."

So that is why I say SCREW DALLAS, oh yea, SCREW BARRY and JEFF!

On another note, the City of Lewisville loves us, and all bars/clubs. The police actually work with us and even help people that can't find us, by allowing the people to follow their Police Car to Fat Daddy's. There are no SUPs. It is just simple, easy and cheap to operate here. Only because the City of Lewisville wants us here. We are now BYOB and they love it. BTW you can smoke inside our venue, while you drink your beer. We are only 20 min from Dallas, 20 min from Denton and 30 min from Ft. Worth. In a weird sort-of-way, I am happy that we did not move to Deep Ellum, we never realized how good we have it here.


Kenny Brattain
Fat Daddy's Sound Shack
http://www.fatdaddyssoundshack.com

East Dallas Eccentric says:

But, dude you are in like, Lewisville...

chris says:

Wow, shameless plug with a little venom to boot, gotta love it :) Kenny was on here last year when he started going Alex Jones on us about how Barry and Jeff plus the city were conspiring against him to keep him out of ellum. Id love to see Trees and Clearview open again, but id like to make sure that its ran by a good group of people who can book decent talent and keep up the property.

Liles says:

I've never met Barry, but I'll never forget the first time that I met Jeff Swaney back in 1986.

It was a Saturday afternoon and Russell Hobbs and I were sitting on the sidewalk in front of the old Theatre Gallery building at 2808 Commerce. Swaney came rolling up on his $2,000 bicycle wearing a silver spandex cycling onesey. The first words out of his mouth weren't "Hello, how do you do? My name is Jeff Swaney...", but "Hey, I just rented the building right across the street and I'm going to put you out of business."

No sense of community, no sense of historical perspective for the neighborhood, just pure cutthroat combative bullshit.

I've always known what his intentions were. If anyone was ever responsible for turning Deep Ellum from something cool into something crass and unapproachable, it was Jeff Swaney.

There is only one active SUP on Lower Greenville - for LUCKY's (formerly known as The Beagle).

All the other businesses are bars which are really zoned as restaurants.

But that is a whole other story.

Avi

Liles, finally I TOTALLY agree with you. Thank you for all you have done.

What I have always dreamed about (since trying to re-open Trees) is having a serious protest and attendance at the city council meeting. But I do not think this will happen. We would need thousands of local music/Deep Ellum fans show up in force, and threaten that we would vote against anyone who denied (at that point and time "Trees") the final council vote.

I wish we could establish the buildings as historic, and show that the new laws (which are for building condos for Dart) will kill the artistic essence that filled the "Old Deep Ellum".

I will fight, will you?

Edward Holman says:

Why would a well-funded entertainment operation move in to Deep Ellum, spend millions on rehab and finish-out, line up Austin-to-New York headliners, sign multi-year leases . . .

just to have some punk neighbor with an ax to grind shut them down? Or a well-meaning board member that wants to keep his/her idea of locality modality? The SUP process was the kiss of death, and enhances the roll over to Uptownification.

The SUP weidness is part of the DEATH SPIRAL, not an answer to it.

"House of Blues" could not be here.

Edward Holman says:

The problem cannot be solved by municipal regulation. The problem is with the owners of the real estate who refuse to lease to the big ticket operators (because they want out via redevelopment).

Think of it like a dilapidated shopping center that lost its anchor tenant (the traffic generator). The small operators up and down the line (Elm/Main/Commerce) cannot thrive (the smaller venues) if there is not a de facto big supermarket bringing in the foot traffic. Small guys do not possess the deep market penetration required to survive alone.

For instance, The Undermain would leap if a couple could walk down the street afterwards and dive in to a "local and up and coming Marcia Ball" grinding it out near where Bonnie Rait is unplugged.

Deep Ellum needs a couple of big entertainment anchors to get the numbers in so the creatives can thrive - and that includes the galleries, lofts, and all the other eclectic businesses that make Deep Ellum what it is (was).

And lose the tenants that bring the crowd that takes away from the environment you want to see happen.

Edward Holman says:

Here’s an angle worth mentioning:

“WHEREAS, while it is recognized that, in time, residential uses in the area may increase, those who choose to live in this district should expect should expect that noise, odor, and the visual intrusions associated with those business uses will be greater than those normally associated with other residential areas. It is the expressed intent of this ordinance to preserve and protect the business uses which currently exist or have traditionally existed in this area and to this end, the provisions of this ordinance should be broadly interpreted;

WHEREAS, the city council finds that it is in the public interest to establish this planned development district, to be known as the Deep Ellum/Near East Side District.”

It appears that near by property owners must assert a compelling encroachment argument OVER AND ABOVE normal noise, etc., generated by the typical bar/restaurant.

Maybe our elected representatives, and those on the board, should be reminded of the preamble of the adopted ordinance – PD 269.

Christine Ricciardi says:

I am a student doing a news package about the renovation of Deep Ellum. I am loooking for feedback and possibly an interview with someone who lives in Deep Ellum and/or managers of organizations either for or against the renovation. Please e-mail me, I will be working on this package for about the next two weeks and would love as much feedback as possible. And if anyone knows how I can get ahold of the Deep Ellum Foundation, please let me know as well. This news package will be on SMU TV and will run several times. Thanks

-Christine

MamaOne says:

Just so everyone knows it - Club One did file with the $400.00 fee for the appeal to appear before the City Council on Decenber 12th. Although we were recommended by the planner who reviewed our SUP application to the Planning Commission for a two-year SUP, the Commission turned us down after certain people cried over the crime in Deep Ellum for which we were used as a scape goat. The crime was here before we purchased Club One in 2004. Business for everyone was lean because of the purceived and real crime and constant traffic barracades by the police. Blame has always - at least in our history here - be the fault of the late-hour dance clubs, which were allowed by an exemption to the 1000 foot residential rule to permit their customers to dance from 2 to 4 am and provide a somewhat constant "night-life" in Downtown and Deep Ellum. When business is slow it is hard to afford the security personel necessary to keep order outside around any club or bar. And, because any police calls hurt the chances of the establishment to get their required Licenses and Permits, most operators simply throw or leave the prombems in the street for the Police to "handle". I remember our staff being threatened by cruisers and wanderers in the street - it was "scarey". Most, if not all of the late-hours dance clubs in Deep Ellum were not granted their exemptions for their late hours licenses - crime is not down - the cruising has lessened - gas is $3.00 per gallon - YEH!!! It was still a surprise to us that we were confronted in the way we were at our late hours hearing the morning of November 1st - before our Planning Commission Hearing that afternoon. When we added regular "Hip-Hop" nights to our business we had tried to be very careful to require our promoters to provide adequate security both inside for our staff and patrons and outside for the neighborhood. Club One is owned by a sub-chapter S corporation called Deep Ellum Enterprises, Inc. and run by our family. We came to Deep Ellum not to loose our retirement savings or to just survive but to succeed and be a part of the revitalization of the area. We have obeyed the laws and most sincerely attempted to be a "good neighbor". It has been a long struggle, but we continue to believe in the potential if the area. Too many good people here with too much blood sweat and tears invested to allow it's death. Even though it was made crystal clear to us, at the Planning Commission Meeting, that "it is not about the support of patrons, other businesses or residents - only the property owners" that can and will make a difference in who gets and keeps an SUP, I find it hard to believe that all of the property owners are lying on their backs waiting to be carried off by the vulterous developers. It takes profitable businessses or paying residents in those properties to allow the owners to keep them.....unless, like the owners of the Union Bankers Building and its historic neighbor...they can afford to let it stand vacant and deteriorating for years on end. There is a press release posted on the Delphi Group's website from 1995 that I found most interesting in reference to a sale of this particular property. Also take a little time to drive around and look at the vacant deteriorating properties in the area - who can afford to let them "stand" so vacant so long? Who owns or controls those properties? Ever Wonder? I have. I also found it interesting when I recently learned that a certain person, a "silent" partner in a large dance club just outside Deep Ellum which was not forced to obtain an SUP, was most upset when his offer to purchase Club One was rejected in favor of ours in 2004. A powerful person who does seem to have "connections" in powerfull places.

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