City of Dallas J u n e , 2 0 12 1 Sent viafax to 201-225-7590 andfirsrclassU.S. Mail Mr. DaleMoser President CEO and Coach Inc.

USA Administration andMegabus USA LLC dlblaMegabus.com 160S. Route17North Paramus, 07652 NJ viafax to 214-871-6069 Sent andfirst-class Mail U.S. Mr. Matt Adey Vice President, RobbinsParkingTexasLP d/b/aPlatinumParkingLLC 719OliveStreet Dallas, TX 75201-2807 Sentviafirst classU.S.Mail Dexter Rollins& Alice RollinsOlson L. Owners 210OliveStreet, of 210I,2107,2111 Street, Elm and2104 2108Pacific Avenue and 4314PineParkDrive BatonRouge, 70809-2397 LA viafax to 972-307-7640 Sent andfirst classU.S. Mail Bankof Americain its capacity trustee successor-in-interest as or to William Reed,II Trustet al. and/orHart FurnitureCo. Owners 2120PacificAvenueand2l15 Elm Street of P. O Bo x8 3 1 5 0 0 . Dallas. 75283-1500 TX Re: Proposed commercialbus stationand terminal at2l0 Olive Street,2l0lr2l07r2lll, and 2115Elm Street,and 2104,2108, and2120PacificAvenue,Dallas,Texas75201 (collectively Property") "the

Dear Messrs. Moser,Adey, and Rollins,Ms. Olson,and Bank of America(collectively "the Parties"): ("Megabus") plansto providedaily nonThe City of Dallasis pleased learnthat Megabus.com to passenger servicebetweenDallas and severalother cities startingon June 19, 2012. stop bus plansto use Accordingto an articlein yesterday's editionof the Dallas MorningNews,Megabus parkinglot on the Propertyas the locationwhereit will load and unloadpassengers their a and parkinglot on the luggage. Accordingto the article,PlatinumParkingoperates commercial a Property. proposed of the Property constitutes "commercial station and terminal"use a bus Megabus' use Code. Section5lA-4.211(2)(copy enclosed) of the Code under the Dallas Development containsthe regulationsapplicableto commercialbus stationsand terminals. In addition,
OFFICEOFTHECITYATTORNEY CITYHALL OALLAS,TEXASTS2O1PHONE214-670-3519 FAx214-6704622

Letterre proposed commercial stationandterminal bus J u n e , 2 0 12 1 Page 2

Section for 306.1of Chapter of the DallasCity Coderequires 52 that a certificateof occupancy a property. At this time, the Propertydoes usebe obtained beforeany usemay be operated a on not havea certificate occupancy a commercial stationandterminal. of for bus Beforea certificate occupancy of may be obtained a commercial stationandterminal,the for bus Parties mustcomplywith the following requirements: 1. Providea lobby or waiting room, which must have a floor areaof not lessthan feet with at leastone seatfor every25 square feet of floor area,on the 200 square Property. Comply with all applicableprovisionsin the Dallas Building Code when providingthe lobby or waitingroom. with Division 51AObtaina Development ImpactReview(DIR) in accordance 4.800 theCode. of Widen (if necessary) driveways the Property accommodate traffic in the on to bus with ArticlesIII andIX of Chapter of the City Code. 43 accordance

2.

3.

4.

Furthermore, when the commercial the bus stationand terminalbeginsoperation, Partiesmust complywith the following requirements: 1. 2. 3. passengers publicright-of-way. on Do not loador unload merchandise food on the Property. or Do not allow outdoorsales general of the Comply with the regulations concerning stopping,standing,and parking of in 28 buses and othervehiclescontained Article XI of Chapter of the DallasCity Code.

laws. You may lists of the applicable Theselists aremeantto be helpful and are not exhaustive hereinby going to this link: http:lldallascityattorney.com/ referenced examinethe regulations andclickingon the buttonlabeled "City Codes."The City's buildingofficial is Lloyd Denman, P.E., CFM. He and his staff have their offices at the Oak Cliff Municipal Center,320 E. 8:00a.m.and 4:30 Boulevard, Dallas,Texas75203. Their officesare openbetween Jefferson p.m. Monday through Friday. You can call Mr. Denmanat 214-948-4354. The building official's websiteis at http://dallascit)'hall.com/building_inspection/index.html. The Dallas DevelopmentCode imposesa duty on personswho conduct useson properties, in persons and who are in control of properties, propertyownersto comply with the regulations on bus that code. Please confirm that a commercial stationandterminalwill not be operated the is and for that usehasbeenobtained the Property in full Property until a certificateof occupancy regulations. with applicable compliance I look forwardto receivingyour promptresponse.

Letterre proposed bus commercial stationandterminal June ,2012 1 Page 3

Sincerely,

ej&R.d+
Christopher Bowers D. FirstAssistant City Attorney

Enclosures

c w/o encl: Thomas Perkins, City Attomey P. Jr., JimmyMartin, Director,CodeCompliance Theresa O'Donnell,Director,Sustainable Development Construction and Denman, Building Official Lloyd

s sLA-4.210

Dallas Development Code: Ordinance No. 19455, as amended

s s1A-4.211

(iv) If an inoperable or wrecked motor vehicle remains outside on the premises for more than 24 hours, the premises is an outside salvage or reclamation use. However, a premise is not an outside salvage or reclamation use if the premise stores not more than four inoperable or wrecked motor vehicles each of which having 'a valid state registration/ current safety inspection certificate, and documentary record of pending repairs or other disposition, and if the premise has a current certificate of occupancy for a motor vehicle related use. (Ord. Nos. 19455; 19786; 1981,0;19928;20242; 20237;20257 20272;20273;20425; 20493;20494;20895; ; 2L001, 21200 21209 21259 21289 27297 2L400 2'1,659 ; ; ; ; ; ; ; ; 21"66321.69721735; 21796; 2L960; 22020 22204;22531 ; ; ; ; 2299 ; 23739; 24439 24659 2471,8 24759; 250 ; 2505 ; 5 47 6 ; ; ; 26573;26746; 27563;28073; 28079) 25785;26269;

Federal Aviation regulations.

(iii) This use is subject to the Administration's rules and

(2) Commercial bus station and terminal. (A) Definition: A facility operated as a bus or shuttle passengerstation or transfer center serving a privately owned transit operation. For purposes of this paragraph: (i) Bus means a motor vehicle that has a manufacturer's rated seating capacity of more than L5 passengers, and is used for the transportation of persons from a location in the city to another location either inside or outside the city. (ii) Shuttle means a van-type motor vehicle that has a manufacturer's rated seating capacity of not less than sevenpassengers and not more than 15 passengers,and is used for the hansportation of persons from a location in the city to another location either inside or outside the city. (B) Districts permitted: (i) Exceptas otherwiseprovided in Subparagraph (BXii), by right in RR, CS, LI, IR, IM, and central area districts. (ii) By SUP only in the CS district when: (aa) the facility with a bus; or operates

sEc.s1A-4.21L.

TRANSPORTATION USES.

(1) Airport or landing field. (A) Definition: A facility for the landing of fixed or rotary wing aircraft. (B) Districts permitted: By SUP only in IR and IM districts (C) Required off-street parking: One space per 200 square feet of terminal building floor area. If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section514-4.305. (D) Required off-street loading:
SQUARE FEET OF FLOOR AREAIN STRUCTURE 0 to 10,000 10,000 50,000 to 50.000to 100.000 Eachadditional100,000 thereof or fraction
TOTALREQUIRED SPACESOR BERT}IS NONE I

(bb) the facility operates with a shuttle within 500 feet of a residential district. (iii)DIR required in RR and central area districts, and the CS district when an SUP is not required. RAR required in industrial districts. (C) Required off-street parking: One space per 200 square feet of building floor area plus one space per five seats of manufacturer's rated seating capacity for the maximum number of vehicles on site during any one hour time period. If more than ten off-street parking spacesare required for this use,

1 additional

(E) Additional provisions: (i) required for this use. A minimum of 60 acres is

(ii) This use must be approvedby the city aviation department.

Dallas City Code 2368 4/11

s s1.A-4.21.1

Dallas Development Code: Ordinance No. L9455, as amended

s s1A-4.211

handicapped parking must be provided pursuant to Section514-4.305. (D) Required None. (E) Additional provisions: (i) A lobby orwaiting roomwith a floor area of not less than 200 square feet must be provided. (ii) Seating in the lobby or waiting room must be provided at a ratio of one seat for every 25 square feet of floor area in the lobby or waiting room. (iii)The outdoor sale of general merchandiseor food is prohibited. off-street loading:

(iii) This use is subject to the Federal Aviation Administration's rules, regulations, and approval. (4) Helistop. (A) Definition: A landing pad for occasionaluse by rotary wing aircraft. (B) Districts permitted: By right in IR and IM districts. By SUP only in A(A) MO(A), GO(A), RR, Ct LI, central area, MU-2, MU-2(SAH), MU-3, MU-3(SAH) MC-2, MC-3, and MC-4 districts. RAR required in IR and IM districts. (C) Required off-streetparking: Two spaces. No handicapped parking is required. (D) Required off-street loading: None.

(iv) No loading or unloading of is passengers permitted on public right-of-way. (3) Heliport. ( (A) Definitions: A facility for the landing and taking off of rotary wing aircraft. (B) Districts permitted: By right in IR and IM districts. By SUP only in RR, CS, LI, central area, MU-3, MU-3(SAH), MC-3, and MC-4 districts. RAR required in IR and IM districts. (C) Required off-street parking: One space per 600 square feet of site area; a minimum of four spacesis required. If more than ten off-street parking spacesare required for this use, handicapped parking must be provided pursuant to Section 51A-4.305. (D) Required
None.

(E) Additional provisions: (i) Regularly scheduled stops are not permitted under this use. (ii) This use mustbe approvedby the city aviation department. (iii) This use is subject to the Federal Aviation Administration's rules, regulations, and approval. (iv) Fueling or servicing facilities are not permitted under this use. (5) Private street or allelr. (A) Definition: A street or an alley whose ownership has been retained privatelv. (B) District restrictions:

off-street loading:

(E) Additional provisions: (i) This use may include fueling servicing facilities, if approved by the city or aviation department. (ii) This use must be approvedby the city aviation department.

(i) This accessory use is not permitted in agricultural, multifamily, MH(A), office, retail, commercial service and industrial, mixed use, and multiple commercial districts. (ii) An SUP is required for this accessory use in single family, duplex, townhouse, CH, and central area districts.

Dallas City Code 4/77 236C