CityPlace Sam's Approved, Until Court Hearing Tomorrow, At Least

Thumbnail image for Thumbnail image for SamsCityplaceTrammellCrow.jpg
Trammell Crow
The development in question.

As expected, the Dallas City Plan Commission voted this afternoon to approve the Trammell Crow backed plan for the area surrounding U.S. 75 and Haskell Avenue. The plan, for a development that's been labeled the East Village, was presented to neighbors as being for a walkable, diverse multi-use outcropping. To an extent, that's what it is, but there was also, buried deep in the planning documents, a zoning change that would allow for a 100,000-plus-square-foot big box store, later confirmed to be a 130,000-square-foot Sam's Club.

Once they became aware of the Sam's, residents mobilized to prevent it. They gathered 1,300 signatures on a petition and urged the commission to reopen the zoning case for the development at a meeting last month.

See also: Dallas Plan Commissioners Reluctantly Allow Zoning for Cityplace Sam's Club to Stay

None of that affected what happened today. Since the zoning stands, there was nothing the commission could do but approve the plan, which it did 11 to 4.

That could change though, as early as tomorrow. A lawsuit filed yesterday in Dallas County District Court asked a judge to restrict the plan commission from voting on the matter and to stop the city from approving any actual development.

The 162nd District Court made a ruling yesterday allowing the vote to go forward, but also approved a hearing, scheduled for tomorrow morning, to evaluate the residents' claims that they were never given a proper chance to participate in the process that led to the approval of the Sam's Club.

"We want to go back to square one," Anthony Ricciardelli, one of the resident's attorneys said, "and let the residents who should have had a chance to speak out last year have a chance to speak out before a decision is made."


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27 comments
whateveryousay
whateveryousay topcommenter

This whole plan was public and the documents were public too.  

They submitted it according to the rules and it was approved.

No turning back now!  Yay for free enterprise!

The time for public outrage was when the public notice was given.  To say it was buried deep in the document is implying it was hidden.  It was right there, ya' know, in the document that people who are now protesting chose not to read.

mavdog
mavdog topcommenter

Judge Tobolowski has granted the East Village Association's request for a Temporary Restraining Order.

The next step in the saga will occur on July 25 when Judge Brown will hear the request for an Injunction.

Bret_Bolton
Bret_Bolton

This "neighborhood" has a 214,000 square foot retail center, anchored by Target, including a Big Lots and Payless Shoes.  A Sams Club is different how?


Across the street is a 60,000+ square foot Kroger, a chain fitness gym, a Whataburger, and a self serve storage facility.


This may as well be Duncanville.




WylieH
WylieH

Did City staff engage in smirking and eye-rolls? They seem to love doing in public meetings when they are sticking it to the citizens.

One of the Board of Adjustment members has a habit of rocking back in his chair and giving a "down low" thumbs up to his expediter buddies after every vote involving a waiver of something or other in favor of the expediters' clients.

everymanaking
everymanaking

"None of that affected what happened today. Since the zoning stands, there was nothing the commission could do but approve the plan, which it did 11 to 4."


Can someone explain that statement to me?  Apparently 4 plan commission members did not agree with the statement.  Why was there even a vote?  


ehartmann11
ehartmann11

"World class cities", like what we constantly pine at to be, don't have scum like Wal-mart.

WylieH
WylieH

The number of signatures on the petition was over 2,700, last I checked.

holmantx
holmantx topcommenter

Resistance is futile.

WylieH
WylieH

@whateveryousay Actually, they failed to give proper notice in violation of the Texas Zoning Enabling Act and local city ordinances, thereby depriving nearby property owners of their due process rights.

stevenray
stevenray

@whateveryousay actually proper notice wasn't given. They left out the SUP required to build a store over 100,000 square-feet. The proposed big-box is 148,000 square-feet.

stevenray
stevenray

@Bret_Bolton So because of those less than desired stores (many of which were built in the 90's) this neighborhood is for some reason only allowed to have more of the same or "worse"?

mavdog
mavdog topcommenter

@Bret_Bolton

This may as well be Duncanville

no, Duncanville has a Costco...

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

@WylieH I apologize for calling Haskell Avenue "Skillman" yesterday.  I keep getting those confused, dear.

WylieH
WylieH

@ehartmann11 Many people believe Wal-Mart plays a valuable role, bringing a wide variety of products to people at low cost--- thereby enabling them to enjoy a higher standard of living.


The issue in this case, is whether or not state and city laws were violated when the notice of public hearing was sent to surrounding property owners, whether or not city staff misled the CPC and the public, and whether or not this project is consistent with the city's land use plans.

MikeWestEast
MikeWestEast

@WylieH  An on-line petition meaning absolutely zip.  Do 2700 live in that neighborhood and spare me the idea that downtown, Lakewood and Uptown are in the neighborhood?  Someone signed on, from anywhere in the world, and said he or she doesn't like it.  Politicians could care less.

whateveryousay
whateveryousay topcommenter

@stevenray @whateveryousay Then what was approved by the City and why?  

In the last meeting the city planning execs and legal staff believed that they had a valid ordinance, and moved forward with that. 

mavdog
mavdog topcommenter

@stevenray @whateveryousay 

if the PD ordinance grants the right to build a store of greater than 100,000 SF there is no requirement for a SUP.

A SUP is needed if the property was in a general zoning classification such as MU-3 for example.

mavdog
mavdog topcommenter

@stevenray @Bret_Bolton 

If you look at the criticism by most of the neighbors, it is not based on the Sam's Club itself but rather the type of development being constructed: a typical suburban project with a sea of parking and a few peripheral free standing pad buildings.

this style of project does not adhere to the established design standards set by the City and the community.

holmantx
holmantx topcommenter

@Myrna.Minkoff-Katz @WylieH

I was for it before I was against it.

I was for Crow getting their project before Mr. WhilieH pointed me by link to the Application by Crow that clearly described a variance request for a project never intended to be built.

The entire purpose of the 30-page request for a change were the 3 sentences buried on p. 10.

Had they just put that on a single page request and sent that out to the neighbors, the neighborhood, the Plan Commission and the town . . . they would have been LAUGHED out of town.

WylieH
WylieH

All is forgiven.

mavdog
mavdog topcommenter

@MikeWestEast @WylieH 

"politicans could care less"? or couldn't care less?

WylieH
WylieH

@whateveryousay @stevenray The city staff makes mistakes on a regular basis.  Doesn't allow you to just ignore the property rights of impacted parties, such as the neighboring property owners.

WylieH
WylieH

@mavdog @stevenray @whateveryousay The notice of public hearing stated they were only asking for MU-3 uses... they kept the fact that they were going to add additional uses secret and slipped it in after the fact.

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