Lincoln Katy Trail Exhumed For New Council To Review

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As predicted, Lincoln Property Company is back with their Lincoln Katy Trail project on Carlisle between Bowen and Hall Streets. From the get-go, this action tells us that (a) Turtle Creek Terrace has not received any better offers, hinting that Lincoln overpaid for their option on the land; (b) investor-owners of Turtle Creek Terrace will lease and wait for that promised profit; (c) that arrogance prevails where other developers would have moved on.

For newbies, Lincoln has spent five years trying to upzone this 3.8-acre property currently zoned as MF-2 (36-feet height, 60 percent lot coverage). Refresh your memories here.  Today, they’re asking for a maximum of 80 percent lot coverage, 70-feet in height (perhaps now not counting aboveground parking), an unlimited unit count, and slimmed down setbacks and sidewalks.

The Schmooze Begins

The images being selectively shown around are the same as the last time – the same footprint, the same setbacks, the same height – everything. Just remember, as their suggested sub-district language states, “If there is a conflict between the text of this division and the development plan, the text of this division controls.” So we’re not looking at pictures, we’re looking at words.

Pictures Are a Distraction

Lincoln’s last request before city council in 2019 stated that in exchange for 5 percent affordable housing they would only have 70 percent lot coverage and 70 feet in height which included the “partly above-grade parking garage,” and 307 total units.

During that final council meeting, Lincoln representative Jeff Courtwright tripled the affordable component to 15 percent – for a project with 10 percent less lot coverage than is being asked for now. Judged on affordable housing and lot coverage alone, Lincoln would net an extra 10 percent in lot coverage while providing roughly 30 fewer affordable units – an original deal repeatedly rejected by the Oak Lawn Committee, city staff, City Plan Commission and City Council. (It did pass Oak Lawn Committee once by what turned out to be a single vote before ultimately being denied.)

But there are other discrepancies between the two plans. Since I believe there are no mistakes, I am concerned that last time the overall height specifically included aboveground parking, now it doesn’t. The project’s total unit count was originally in their filing and now not.

You may think I’m overreacting, but remember, Lincoln’s plan originally called for a maximum height of 79 feet and was cut down to 70 feet. If parking garages suddenly don’t count toward height, does the dropped floor return? Is that why a unit count is missing?

Oh, and city staff’s recommendation called for 230 units – double what’s there now, but 87 fewer than Lincoln wanted. Staff based their calculation on the average units per acre in the area – including both newer and existing per acre averages.

I’ll repeat, believe the application when is says not to trust the pictures as much as the words.

Trust These Pictures

People, especially investors, who are planning to sell their property let it go. First, why spend money on something that will be torn down? Second, and more importantly, tumbledown property increases the sense of urgency that something must be done and that the owners are powerless to stop the march of time.

Hogwash. This is money.

As the image above shows, between 2008 and 2019, several mature trees were lost on this portion of the property that were not replaced. Since 2008, photos show a decrease in landscaping. Planter boxes that used to contain bright flowers have been removed or replaced by plain bushes.

Lincoln’s application says that the 1960s Turtle Creek Terrace condos are “nearing the end of their built lifespan.” Really? Our construction is so fragile that 55 years and time’s up? Has anyone told the vast swathes of Midcentury Modern homes littering the Metroplex and the nation? Nope. Time’s only up because a developer wants to tear it down – funny how that works. The same can be seen across Hall Street at the developer-owned Carlisle on the Katy complex.

So yes, the complex looks tatty today, but it’s a purposeful ploy to evoke pity and a generous hand in rezoning.

Park Cities Isn’t Obsolete

If we look over to Park Cities, who make rezoning a nightmare, we see even older apartment-turned-condo buildings on the Katy Trail that are both well-maintained and selling for a pretty penny. As of this writing, there’s a 526-square-foot condo in a two-story 1957 building on Abbott Avenue asking $210,000 or $400 per square foot. There’s another similar 1958 two-story walk-up asking $374 per square foot for its 895 square feet.

So where buildings know they can’t be rezoned, they maintain then, fix ‘em up and ultimately sell them for good prices – just not developer prices that’re predicated on huge increases in building rights.

Ironically (and hysterically) that Lincoln includes this wording in their proposed sub-district: “The Property must be properly maintained in a state of good repair and neat appearance.”

Is there an asterisk missing saying “unless you’re trying to redevelop the parcel?” Because it’s what demonstratively being done today (everywhere rezoning is desired) and the city is being played.

“Underground” Parking?

When former city councilmember Angela Hunt represented Lincoln last time on this project, she swore that its parking was 100 percent underground – even though we could see the open-air garage from the back elevation. (It’s worth noting that Lincoln has moved-on from Hunt and is now being represented by Suzan Kedron from Jackson Walker.)

This time the proposed sub-district language says, “Below and above grade parking. A majority of parking must be provided below grade.” To me that literally means at least 51 percent of parking must be underground.

But how to calculate? The lot changes grade by over 30 feet from its highest to its lowest point. Does “underground” mean that over 51 percent of parking must be under its existing grade – whatever that might be? Or, as I suspect, is a midway point selected that allows some aboveground parking to count as underground simply because it’s under the highest point?  We don’t know.

How Much Parking?

The statute calls for 1.5 parking spaces for each unit. If we assume the original 307 units, that’s 461 parking spaces. It also stipulates that, “at least 15 percent of the required parking must be available for guest parking.” That drops parking spaces dedicated to residents to 392 or 1.27 spaces per unit. Put another way, that means that roughly only a quarter of units can have more than a single car parked onsite.

I’m no car fan, but is that enough? One thing it’s sure not enough of is parking for a condo – signaling this is a forever-rental project.

Does “Paseo” Mean “Concrete” in Spanish?

You might recall that Lincoln separated the endless, block-long original design in two with a center opening. You might think it would be greenspace.  Nope. The gap between the buildings, called “the paseo”, that sits on top of the parking garage, will be “a minimum of 5,000 square feet” and “be publicly accessible” but is defined as hardscape, seating areas and perhaps bicycle parking, flag poles and landscape walls no taller than 36 inches . And none of it has to be shown or detailed on the development plan.

Essentially it’s 5,000 square feet of concrete with any greenery in a planter – think of it as the poor, poor, poor man’s Klyde Warren Park.

Oncor Dreams?

One of the few images available shows a pair of entrances to the Katy Trail that weren’t there before. Has Oncor given permission for these entrances to run across their easement?  It’s not a simple ask.

What’s Going On?

Why would the city take a worse deal two years after one universally deadpanned? Why would the developer even file it?  Two things.

It’s a different city council and plan commission. Amongst others, the District 14 council/commission duo of Philip Kingston and Paul Ridley have been replaced by David Blewett and Wayne Garcia. Blewett saw at least $4,000 in campaign donations from two Lincoln executives and their wives (which Blewett will likely make a show of returning as part of this case).

Secondly, I suspect Lincoln didn’t think any of the newbies would re-read all the history and see how more bad it is. That way Lincoln can shed crocodile tears as they give up what they didn’t want to give the appearance of compromising – you know, asking for $2 when you only need $1 and making a big show of “settling” for $1.

Or it’s just another taste of the Lincoln arrogance demonstrated throughout their prior attempts and what keeps them going.

I reached out to Lincoln representative Suzan Kedron but was unable to schedule an interview by press time. Should an interview be arranged, any answers will be published here.

Just remember, the wording matters more than the pictures.

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Jon Anderson is CandysDirt.com's condo/HOA and developer columnist, but also covers second home trends on SecondShelters.com. An award-winning columnist, Jon has earned silver and bronze awards for his columns from the National Association of Real Estate Editors in both 2016, 2017 and 2018. When he isn't in Hawaii, Jon enjoys life in the sky in Dallas.

4 Comments

  1. Thomas Rivington on November 9, 2020 at 11:17 am

    Is this the first time a developer has ever refiled the same, previously defeated zoning case– due only to a change in the composition of CPC and City Council?

    First, the Reverchon Park scandal– and now this. Why the obsession with trashing the Turtle Creek environmental corridor? Assume White Rock Lake is next on the hit list.

  2. Rodrick Clayton on November 15, 2020 at 6:54 pm

    I’m sorry but I believe this article is a negatively written ‘hit piece’. Each sentence and photos can be be countered with a factual argument. Your perspective regarding the property is based on slivers of facts but is misleading.
    Furthermore, your slanted argument opposing the upzoning and development of TCT casts a negative light on the owners/residents of the property . I wish Kandis dirt had been this enthusiastiic about preserving the old Hard Rock Cafe/ 100 year old church or the mason bar/100 year old mason lodge in uptown or even the tear down of the Velvet Elvis/100 year old dry good store on McKinney Ave. All of these truly historically valuable properties Have been replaced by value engineered high rises that diminish the neighborhood.

    • Jon Anderson on November 15, 2020 at 9:04 pm

      You say “each sentence and photos can be countered with a factual argument” – and yet you offer none.
      .
      I cast no negative light on the owners of Turtle Creek Terrace except that the investor-owners are unsatisfied with their property’s value without rezoning. If owners like yourself feel greed is a negative trait, don’t be greedy.
      .
      I can’t speak for “Kandis”, but I wasn’t writing during those cases. Had I been, I likely would have.
      .
      You rail against those building’s replacement with “value engineering”…do you think Lincoln is proposing building better quality? Or is it just OK now because you’re getting paid?

  3. Debra W. on November 27, 2020 at 4:19 pm

    Terrific piece. Thank you for writing it. I completely believe the aspect of letting a property go just to seek an approval on zoning. We moved into the W residences in October, 2020 after looking at a few buildings in the area. I researched the buildings thoroughly and checked out all the developers, construction company, civil judgements (if any) against anyone involved in the building and maintenance. It’s crazy, enough to make your head spin. I think I am going to play connect the dots too, and prove that Dallas is is allowing some shady sh*t to go on either knowingly or unknowingly. Thank you for the well written article. I found it inspiring!
    Peace, Debra

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