15-078 - City of Dallas, City Secretary`s Office

1 507’85
4-21-15
ORDINANCE NO.
2 971 0
An ordinance changing the zoning classification on the following property:
BEING Lots 1-19 in City Block B 1/2938, Lots 1-15 in City Block B2/2938, and all of the
Glencoe Terrace Addition located on property generally bounded by Winton Street and
Ellsworth Avenue, including both sides of Anita Street, west of McMillan Avenue; and
containing approximately 7.28 acres,
from a D(A) Duplex District to Planned Development District No. 941; amending Chapter SiP,
“Dallas Development Code: Planned Development District Regulations,” of the Dallas City
Code by creating a new Article 941; establishing use regulations and development standards for
this planned development district; providing a penalty not to exceed $2,000; providing a saving
clause; providing a severability clause; and providing an effective date.
WHEREAS, the city plan commission and the city council, in accordance with the
Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given
the required notices and have held the required public hearings regarding the rezoning of the
property described in this ordinance; and
WHEREAS, the city council finds that it is in the public interest to establish this planned
development district; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the zoning classification is changed from a D(A) Duplex District to
Planned Development District No. 941 on the property described in Exhibit A, which is attached
to and made a part of this ordinance (“the Property”).
Z145-135(RB)(PD No. 941) Page 1
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SECTION 2.
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That Chapter 51P, “Dallas Development Code: Planned Development
District Regulations,” of the Dallas City Code is amended by adding a new Article 941 to read as
follows:
“ARTICLE 941.
PD 941.
SEC. 51P-941.1O1.
LEGISLATIVE HISTORY.
PD 941 was established by Ordinance No.
Council on April 22, 2015.
SEC. 51P-941.102.
,
passed by the Dallas City
PROPERTY LOCATION AND SIZE.
PD 941 is established on property generally bounded Winton Street and Ellsworth
Avenue, including both sides of Anita Street, west of McMillan Avenue. The size of PD 941 is
approximately 7.28 acres.
SEC. 51P-941.103.
DEFINITIONS AND INTERPRETATIONS.
Unless otherwise stated, the definitions and interpretations in Chapter 51 A apply
(a)
to this article. In this article:
(1)
MODIFIED DUPLEX means two detached dwelling units located on one
lot.
(2)
TANDEM PARKiNG means one parking space in front of another
parking space, making it necessary to pass through one parking space to gain vehicular access to
the other parking space.
Unless otherwise stated, all references to articles, divisions, or sections in this
(b)
article are to articles, divisions, or sections in Chapter 51A.
(c)
This district is considered to be a residential zoning district.
SEC. 51P-941.104.
EXHIBIT.
The following exhibit is incorporated into this article: Exhibit 941A: development plan.
Z145-135(RB)(PD No. 941) Page 2
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SEC. 51P-941.105.
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DEVELOPMENT PLAN.
Except as provided in this section, development and use of the Property must comply
with the attached development plan (Exhibit 941 A). If there is conflict between the text of this
article and the development plan, the text of this article controls.
SEC. 51P-941.106.
MAIN USES PERMITTED.
Except as provided in this section, the only main uses permitted are those main
(a)
uses permitted in the D(A) Duplex District, subject to the same conditions applicable in the D(A)
Duplex District, as set out in Chapter 51A. For example, a use permitted in the D(A) Duplex
District only by specific use permit (SUP) is permitted in this district only by SUP; a use subject
to development impact review (DIR) in the D(A) Duplex District is subject to DIR in this
district, etc.
(b)
The following additional main use is permitted:
--
Modified duplex.
SEC. 51P-941.107.
ACCESSORY USES.
As a general rule, an accessory use is permitted in any district in which the main
(a)
use is permitted. Some specific accessory uses, however, due to their unique nature, are subject
to additional regulations in Section 51A-4.217. For more information regarding accessory uses,
consult Section 51A-4.217.
(b)
The following accessory uses are not permitted:
--
--
--
--
--
(c)
Accessory helistop.
Accessory medical/infectious waste incinerator.
Accessory outside display of merchandise.
Accessory outside sales.
Accessory pathological waste incinerator.
The following accessory use is permitted by SUP only:
--
Accessory community center (private).
Z145-135(RB)(PD No. 941) Page 3
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SEC. 51P-941.108.
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YARD, LOT, AND SPACE REGULATIONS.
(Note: The yard, lot, and space regulations in this section must be read together with the
yard, lot, and space regulations in Division 5 1A-4.400. If there is a conflict between this section
and Division 5 1A-4.400, this section controls.)
(a)
In general. Except as provided in this section, the yard, lot, and space regulations
for the D(A) Duplex District apply.
(b)
Modified duplex.
(1)
Front yard.
(A)
Except as provided in this paragraph, minimum front yard is 20
(B)
Minimum front yard for Lots 15, 19, 20, and 34 is 25 feet.
(C)
Minimum front yard for Lots 1, 3, 16, 25, and 26 is 15 feet.
feet.
(2)
Side and rear yard.
(A)
Except as provided in this paragraph, minimum side yard is three
(B)
Minimum side yard for the easternmost lots is five feet.
(C)
Minimum rear yard is 10 feet.
(D)
For Lots 1 through 10, Winton Street is considered a rear yard.
feet.
OFF-STREET PARKING.
SEC. 51P-941.109.
In general. Except as provided in this section, consult the use regulations in
(a)
Division 5 1A-4.200 for the specific off-street parking and loading requirements for each use.
(b)
Modified duplex.
(1)
In general. A minimum of two off-street parking spaces per dwelling unit
is required.
(2)
Tandem parking. Tandem parking is permitted. If tandem parking is used
to satisfy the off-street parking requirements, the tandem parking must have a depth of at least 40
feet.
Z145-135(RB)(PD No. 941) Page 4
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Garage. An enclosed parking structure (garage) with two parking spaces
(3)
must be at least five feet from the right-of-way line adjacent to a street or alley if an automatic
garage opener is installed and maintained.
(4)
Ingress and egress.
Except as provided in this paragraph, ingress and egress for off(A)
street parking must be from the public alleys.
(B)
For Lots 1 through 10, 16, 25, and 26, ingress and egress for offfrom
Winton
Street, Anita Street, or the public alleys.
street parking may be
ENVIRONMENTAL PERFORMANCE STANDARDS.
SEC. 51P-941.11O.
See Article VI.
LANDSCAPING.
SEC. 51P-941.111.
(a)
Landscaping must be provided in accordance with Article X.
(b)
Plant materials must be maintained in a healthy, growing condition.
SEC. 51P-941.112.
SIGNS.
Signs must comply with the provisions for non-business zoning districts in Article VII.
ADDITIONAL PROVISIONS.
SEC. 51P-941.113.
(a)
appearance.
The Property must be properly maintained in a state of good repair and neat
Development and use of the Property must comply with all federal and state laws
(b)
and regulations, and with all ordinances, rules, and regulations of the city.
COMPLIANCE WITH CONDITIONS.
SEC. 51P-941.114.
(a)
All paved areas, permanent drives, streets, and drainage structures, if any, must be
constructed in accordance with standard city specifications, and completed to the satisfaction of
the director of public works and transportation.
Z145-135(RB)(PD No. 941) Page 5
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The building official shall not issue a building permit to authorize work, or a
(b)
certificate of occupancy to authorize the operation of a use, in this district until there has been
full compliance with this article, the Dallas Development Code, the construction codes, and all
other ordinances, rules, and regulations of the city.”
SECTION 3. That, pursuant to Section 5 1A—4.701 of Chapter 5 1A of the Dallas City
Code, as amended, the property description in Section 1 of this ordinance shall be construed as
including the area to the centerline of all adjacent streets and alleys.
SECTION 4. That development of this district must comply with the full-scale version of
Exhibit 941A (development plan) attached to this ordinance. A reduced-sized version of this plan
shall be provided in Chapter 51P. Permits shall be issued based on information provided on the
full-scale version of the plan.
SECTION 5. That the city attorney is authorized to insert the enrolled number of this
ordinance in the legislative history section of Article 941 in Chapter 51 P.
SECTION 6. That a person who violates a provision of this ordinance, upon conviction,
is punishable by a fine not to exceed $2,000.
SECTION 7. That the zoning ordinances of the City of Dallas and Chapter SiP of the
Dallas City Code, as amended, shall remain in full force and effect, save and except as amended
by this ordinance.
SECTION 8.
That the terms and provisions of this ordinance are severable and are
governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.
Z145-135(RB)(PD No. 941)- Page 6
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SECTION 9. That this ordinance shall take effect immediately from and after its passage
and publication, in accordance with the Charter of the City of Dallas, and it is accordingly so
ordained.
APPROVED AS
FORM:
w
Attorney
By
Passed
APF 22 2015
Z145-135(RB)(PD No. 941) Page 7
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615 Approved
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EXHIBIT A
Legal Description
Being all of Lots 1-19, in City Block B 1/293 8 and all of Lots 1-9 and 10-1 5,in City Block
B2/2938, being all of the Glencoe Terrace Addition.
Z145.-135(RB)(Exhibit A)
C
0
/
VICINITY MAP
/
7.282 acres
Modified Duplex Uses
68
36 feet
No max.
20 feet (except as noted>
10 feet
3 feet (except as noted>
60%
/
Two (2> spaces per dwelling unit
oo
SCALE: 1”50’
SITE
USES:
Dwelling Units:
Max. Height:
Stories:
Front Yard:
RearYard;
Side Yard:
Lot Coverage:
0ff-street Parking:
()
>
C C
0 00)
LC)
62crtt/’.€7’
/1L4
—
Development Plan
Exhibit 941A
PDD No. 941
/
—
—
—
—
Winton Street frontages considered
as a Roar Yard
MinImum Front Yard
Setback 1a26 feet
from McMiIian
540’ from McMiIian
600’
600’ from McMiIlan
CO
C),
—
-
r)
Lot nunibees for zoning purposes only and may not
correspond to recorded piat,
Lots 11-IS, 11’iSattd2Q-24; Vetitcutarectess
Is limited per Fl) conditions
Lots 1,3, 16,25 and 26: Minimum Pront Yard
Setback Is 15 feet
Lots 15, 19,20 and 34;
Avenue Is prohibited
Lots 14 and2644: Vehicular access to Ellsworflt
Lots 1-10:
655’ from MMiIIan
__
—
DEVELOPMENT PLAN
—
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City f
University Park
ELLSWORTH AVE
MATALEE AVE
MF-2(A)
MARTEL AVE
LONGVIEW ST
ZONING MAP
1:3,600
Case no:
Z145-135
I 212312014
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PROOF OF PUBLICATION
-
LEGAL ADVERTISING
The legal advertisement required for the noted ordinance was published in
the Dallas Morning News, the official newspaper of the city, as required by
law, and the Dallas City Charter, Chapter XVIII, Section 7.
DATE ADOPTED BY CITY COUNCIL
ORDINANCE NUMBER
DATE PUBLISHED
APR12 2015
2 9 71 0
APR 25 2015
ATTESTED BY:
OFFICE OF CITY SECRETARY
P:\PROOF OF PUBLICATION.docx