An ordinance changing the zoning classification on the following property:

Transcription

1 Page An ordinance changing the zoning classification on the following property: BEING part of Lots 5, 6, 10, 11, 13, 14, 15, 16, 17, and 18 in City Block 5/7077; fronting approximately 300 feet along the east line of Canaan Street south of Vesper Street; and containing approximately acres, from an R-5(A) Single Family Subdistrict within Planned Development District No. 595 (South Dallas/Fair Park Special Purpose District) to Planned Development District No. 936; amending Chapter 51 P, Dallas Development Code: Planned Development District Regulations, of the Dallas City Code by amending Section 51P , Property, Location, and Size, to reflect the change in zoning and creating a new Article 936; 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: Z (AF)(PD 936) - 1

2 , SECTION 1. That the zoning classification is changed from an R-5(A) Single Family Subdistrict within Planned Development District No. 595 to Planned Development District No.936 on the property described in Exhibit A, which is attached to and made a part of this ordinance ( the Property ). SECTION 2. That Section 51P , Property Location and Size, of Article 595, PD 595, of Chapter 51P, Dallas Development Code: Planned Development District Regulations, of the Dallas City Code is amended to read as follows: SEC. 51P PROPERTY LOCATION AND SIZE. PD 595 is established on property generally bounded by the Union Pacific (DART) Railroad, the Southern Pacific Railroad, C.F. Hawn Freeway, the D.P.&L. Company easement, Central Expressway (S.M. Wright Freeway), the Southern Pacific Railroad, the Santa Fe Railroad, R.L. Thornton Freeway, Second Avenue, Parry Avenue, Robert B. Cullum Boulevard, Fitzhugh Avenue, Gaisford Street, and the common line between City Blocks 1820 and D/l 821. PD 595 excludes the following planned development districts: 276, 320, 331, 354, 363, 477, 489, 513, 552, 557, 597, 660, 716, 729, 730, 746, 747, 764, 793, 806, 813, 849, 853, 856, 871, 892, 908 [a4] 911, and 936. The size of PD 595 is approximately 3, [3, ] acres. SECTION 3. That Chapter 51P, Dallas Development Code: Planned Development District Regulations, of the Dallas City Code is amended by adding a new Article 936 to read as follows: ARTICLE 936. PD 936. SEC. 51P O1. LEGISLATIVE HISTORY. PD 936 was established by Ordinance No. Council on February 25, passed by the Dallas City Z (AF)(PD 936) - Page 2

3 SEC. 51P PROPERTY LOCATION AND SIZE. PD 936 is established on property generally bounded by Canaan Street on the west, Vesper Street on the north, Bexar Street on the east, and the Trinity River levee on the south. The size of PD 936 is approximately acres. SEC. 51P DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51 A apply to this article. In this article, (1) BED COVER means a hoop-house, shade structure, or similar structure located above a planting bed to assist with the growing or shading food crops or ornamental crops. (2) URBAN AGRICULTURE means an area managed and maintained to raise chickens, goats, rabbits, and fish and to grow and harvest food crops and ornamental crops for personal or group use, consumption, sale, or donation. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51 A. (c) This district is considered to be a residential zoning district. SEC. 51P EXHIBITS. The following Exhibits are incorporated into this article: (1) Exhibit 93 6A: development plan. (2) Exhibit 936B: landscape plan. SEC. 51P DEVELOPMENT PLAN. (a) Except as provided in this section, no development plan is required, and the provisions of Section 51 A regarding submission of or amendments to a development plan, site analysis plan, and development schedule do not apply. (b) For urban agriculture, development and use of the Property must comply with the development plan (Exhibit 936A). If there is a conflict between the text of this article and the development plan, the text of this article controls. Z (AF)(PD 936) - Page 3

4 Page SEC. 51P MAIN USES PERMITTED. (a) Except as provided in this section, the only main uses permitted are those main uses permitted in the R-5 (A) Single Family District, subject to the same conditions applicable in the R-5(A) Single Family District, as set out in Chapter 51A. For example, a use permitted in the R-5(A) Single Family 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 R-5(A) Single Family District is subject to the DIR in this district; etc. (b) The following additional main use is permitted by right: -- Urban agriculture. SEC. 51P ACCESSORY USES. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 5 1A For more information regarding accessory uses, consult Section 51A SEC. 51P 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 51A If there is a conflict between this section and Division 51A-4.400, this section controls.) (a) In general. Except as provided in this section, the yard, lot, and space regulations for the R-5(A) Single Family District apply. (b) Urban agriculture. (1) Front yard along Bexar Street. Minimum front yard is 20 feet. (2) Front yard along Vesper Street. Minimum side yard is 10 feet. (3) Side and rear yard. Minimum side and rear yard is five feet. (4) Density. No maximum dwelling unit density. (5) Floor area. Maximum floor area is 16,000 square feet. Structures that assist in the growing of vegetation, such as bed covers and raised planting beds, are not included in floor area calculations. Z (AF)(PD 936) - 4

5 (6) Floor area ratio. Maximum floor area ratio is (7) Height. (A) In general. Except as provided in this paragraph, maximum structure height is 30 feet. (B) Bed covers. Except as provided in this subparagraph, maximum height of a bed cover is four feet from the top of planting bed or eight feet above grade, whichever is less. Within the required front yard, maximum height of a bed cover is four feet above grade. (8) Lot coverage. Maximum lot coverage is 35 percent. Structures that assist in the growing of vegetation, such as bed covers and raised planting beds, are not included in lot coverage calculations. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (9) Stories. Maximum number of stories above grade is two. SEC. 51P OFF-STREET PARKING AND LOADING. (a) Except as provided in this section, consult the use regulations in Division 51 A for the specific off street parking and loading requirements for each use. (b) For urban agriculture, off-street parking must be provided as shown on the development plan. Off-street loading is not required. SEC. 51P-936.1lO. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P-936.lll. LANDSCAPING. (a) For urban agriculture, landscaping must be provided as shown on the landscape plan (Exhibit 936B). If there is a conflict between the text of this article and the landscape plan, the text of this article controls. (b) For all other uses, landscaping must be provided in accordance with Article X. (c) Plant materials must be maintained in a healthy, growing condition. Z (AF)(PD 936) - Page 5

6 Page O449 SEC. 51P SIGNS. Signs must comply with the provisions for non-business zoning districts in Article VII. SEC. 51P URBAN AGRICULTURE REGULATIONS. (a) (b) The keeping and raising of animals is limited to chickens, goats, rabbits, and fish. Minimum area for each animal must be provided as follows: (1) Chickens. Nine cubic feet per chicken in each chicken coop. Five square feet per chicken in each chicken run. (2) Goats. Nine square feet per goat in each animal enclosure. (3) Rabbits. Four cubic feet per rabbit in each animal enclosure. (4) Fish. Three gallons of water per one pound of fish. (c) Structures may be erected for pens, barns, sheds, and silos for the raising, treating, and storing of products raised on the Property in the locations shown on the development plan. (d) the animals. plan. (e) (f) Fences for animal enclosures must be of sufficient height and strength to retain Animal enclosures are only permitted in the locations shown on the development Small animal runs and pasturage may overlap to allow for comingling of animals. A bed cover may only cover one planting bed. (g) The on-site sale of food crops, ornamental crops, and eggs produced on the Property is allowed. No other items may be sold on the Property. SEC. 51P ADDITIONAL PROVISIONS. (a) appearance. The Property must be properly maintained in a state of good repair and neat (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. Z (AF)(PD 936) - 6

7 SEC. 51P COMPLIANCE WITH CONDITIONS. (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 city. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, 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 4. That, pursuant to Section 51A of Chapter 51A 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 5. That development of this district must comply with the full-scale versions of Exhibit 936A (development plan) and Exhibit 936B (landscape plan) attached to this ordinance. Reduced-sized versions of these plans shall be provided in Chapter 51 P. Permits shall be issued based on information provided on the full-scale versions of the plans. SECTION 6. That the city attorney is authorized to insert the enrolled number of this ordinance in the legislative history section of Article 936 in Chapter SiP. SECTION 7. That a person who violates a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 8. That the zoning ordinances of the City of Dallas and Chapter 51P of the Dallas City Code, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 9. 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. Z (AF)(PD 936) - Page 7

8 Page SECTION 10. 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 TO FORM: WARREN M.S. ERNST, City Attorney By_ Assistant City Attorney Passed FEB Z (AF)(PD 936) - 8

9 - L-- Ui HZ 0 Approved IoO rz /-i Planned Development No. 936 Exhibit 936A Development Plan S 0 U N VESPER STREET H - -j L I 1-1 VESPER SWEET LOCATION MAP SITE DATA TARLE FOR PS SITE P DATA SITE BSILDINS DATA City Plan Commission DEVELOPMENT PLAN FOR PD 1.15 ACRES LOTS 5,6,10,11,13,14,15, 16, 17, AND 18 BLOCK A17077 OF BON TON FARMS ADDITION J.M. CROCKETT SURVEY, ABSTRACT NO. 353 CITY OF DALLAS, DALLAS COUNTY, TEXAS CASE NO. Z APPLICATION DATE NOVEE ER February 5, 2015 IL CCi) 4 Ui cc I U) Z 0 z 0 <I XO 0 SAEET 1 OF 1 I Ui

10 I Approved City Plan Commission FebruarV5, VESPER STREET r 0 L JI J 1 c) V r 2O1 _ Planned Landscape Plan Exhibit 936B Development No. 936 VESPER STET PLANT SCHEDULE 0 PLANI1NG NEWS TREE PLAN11NO 0 = E KskyHom H wiii 2 cr I (I) IL 0-u) ZI-co< F- z CE: Lii z HE: hid XE:0- ZO LL SHEET 1 OF 1

11 GIS_Approved EXHIBIT A BEING a tract of land situated in the John M. Crockett Survey, Abstract No. 353, City of Dallas, Dallas County, Texas, and being all of Lots 5,6,10, 11, 13, 14, 15, 16, 17 and 18 in Block 5/7077 of the Bon Ton Addition, and addition to the City of Dallas, according to the plat thereof recorded in Volume 4, Page 415, Map Records of Dallas County, Texas, said Lots having been conveyed by the following instruments of record: Special Warranty Deed to Citybuild Community Development recorded in Instrument No , Official Public Records of Dallas County, Texas (Lots 10, 11), Deed without Warranty to City of Dallas, County of Dallas, Dallas Independent School District, Dallas County Hospital District, Dallas County Schools and Dallas County Community College District, recorded in Instrument No , said Official Public Records (Lot 13), Deed without Warranty to City of Dallas, County of Dallas, Dallas Independent School District, Dallas County Hospital District, Dallas County Schools and Dallas County Community College District, recorded in Instrument No , said Official Public Records (Lot 14), General Warranty Deed to Citybuild Community Development recorded in Instrument No , said Official Public Records (Lot 15), Sheriffs Deed to City of Dallas recorded in Volume 99116, Page 314, Deed Records of Dallas County, Texas (Lot 16), General Warranty Deeds to City of Dallas recorded in Volume 90230, Page 261, Volume 91043, Page 641, Volume 90247, Page 574, Deed Records of Dallas County, Texas (Lots 5, 6 and 18). Quit Claim Deed to Golden Gate Missionary Baptist Church recorded in Volume 83079, Page 3426, Deed Records of Dallas County, Texas (Lot 17), and being more particularly described as follows: BEGINNING at a an X found scribed in concrete at the northeast corner of said Lot 11 in Block 5/7077, being at the intersection of the westerly right-of-way line of Bexar Street (a 50 foot wide public right-of-way) and the southerly right-of-way line of Vesper Street (a 40 foot wide public right-of-way); THENCE South East, along the easterly line of said Block 5/7077, and along the westerly right-of-way line of Bexar Street, passing en route at a distance of feet a 1/2 inch iron rod with plastic cap stamped CBG found for witness at the southeast corner of said Lot 11, common to the northeast corner of said Lot 10, and continuing on said course a Z (AF)(Exhibit A) Page 1

12 KHA GIS Approved total distance of feet to a 1/2 inch iron rod with plastic cap stamped CBGB found for corner at the southeast corner of said Lot 10, common to the northeast corner of Lot 9 in said Block 5/7077; THENCE South West, along the southerly line of said Lot 10 and along the northerly line of said Lot 9, a distance of feet to a 5/8 inch iron rod with 3 inch aluminum disk stamped BON TON FARMS - set for corner at the southwest corner of said Lot 10, common to the northwest corner of said Lot 8, common to the northeast corner of said Lot 14, and common to the southeast corner of said Lot 13, and from which a bent 1/2 inch iron rod found for witness bears North West, a distance of 0.92 feet; THENCE South East, along the easterly lines of said Lots 14, 15 and 16, and along the westerly lines of said Lot 9, and Lots 7 and 8 in said Block 5/7077, passing en route at a distance of 50 feet a 1/2 inch iron rod with plastic cap stamped CBG found for witness at the southeast corner of said Lot 14, common to the northeast corner of said Lot 15, and continuing on said course, passing en route at a distance of 100 feet a 1/2 inch iron rod with plastic cap stamped CBG found for witness at the southeast corner of said Lot 15, common to the northeast corner of said Lot 16, and continuing on said course a total distance of feet to a 1/2 inch iron rod with plastic cap stamped CBG found for corner at the southeast corner of said Lot 16, common to the southwest corner of said Lot 7, common to the northwest corner of said Lot 6, and common to the northeast corner said Lot 17; THENCE North East, along the southerly line of said Lot 7, and along the northerly line of said Lot 6, a distance of feet to a 5/8 inch iron rod found for corner at the northeast corner of said Lot 6, common to the southeast corner of said Lot 7, and on the easterly right-of-way line ofbexar Street; THENCE South 00024? 13 East, along the easterly lines of said Lots 6 and 5, and along the westerly right-of-way line of Bexar Street. a distance of feet to a 5/8 inch iron rod with 3 inch aluminum disk stamped BON TON FARMS - KHA set for corner at the southeast corner of said Lot 5, common to the northeast corner of Lot 4 in said Block 5/7077; THENCE South West, along the southerly lines of said Lots 5 andl 8, a distance of feet to a 5/8 inch iron rod with 3 inch aluminum disk stamped BON TON FARMS - KHA set corner at the southwest corner of said Lot 18, common to the northwest corner of said Lot 19 in said Block 5/7077, and on the easterly right-of-way line of unimproved Canaan Street (a 40 foot wide public right-of-way): THENCE North West, along the westerly lines of said Lots 13, 14, 15, 16, 17 and 18, and along the easterly right-of-way line of Canaan Street, passing en route at a distance of feet a 5/8 inch iron rod found for witness at the northeast corner of said Lot 15. common to the southwest corner of said Lot 14, and continuing on said course a total distance of feet to a 1/2 inch iron rod with plastic cap stamped CBG found for corner at the northwest corner of said Lot 13, common to the southwest corner of Lot 12 in said Block 5/7077; Z (AF)(Exhibit A) Page 2

13 Page GIS_Approved THENCE North East, along the northerly line of said Lot 13 and along the southerly line of said Lot 12, a distance of feet to a 5/8 inch iron rod with 3 inch aluminum disk stamped BON TON FARMS - KHA set for corner at the northeast corner of said Lot 13, common to the southeast corner of said Lot 12, common to the southwest corner of said Lot 11, and common to the northwest corner of said Lot 10; THENCE North West, along the westerly line of said Lot 11 and along the easterly line of said Lot 12, a distance of feet to a 1/2 inch iron rod with plastic cap stamped CBG found for corner at the northwest corner of said Lot 11, common to the northeast corner of said Lot 12, and on the southerly right-of-way line of Vesper Street; THENCE North East, along the northerly line of said I and along the southerly right-ofway line of Vesper Street, a distance of feet to the POINT OF BEGINNING and containing acres (50,000 square feet) of land. mo.re or less. Z (AF)(Exhibit A) 3

14 CEST (Phase!) CHOICEST ROGE ST PD856 (Phase 2) PD 856 VESPER ST PD 595 (R-5(A) PD 595 R-5(A) 1 :2,400 Z Caseno: ZONING MAP Date:

15 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 FEB ORDINANCE NUMBER DATE PUBLISHED FEB 28 2O1 ATTESTED BY: OFFICE OF CITY SECRETARY W:\PROOF OF PUBLICATION.docx