10- 11-16 An ordinance changing the zoning classification on the

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10- 11-16
ORDINANCE NO.
30248
An ordinance changing the zoning classification on the following property:
BEING a tract of land in City Block 7770 located at the east corner of Ferguson Road and
Barnes Bridge Road; fronting approximately 400 feet along the southeast line of Ferguson Road;
fronting approximately 730 feet along the northeast line of Barnes Bridge Road; and containing
approximately 7.38 acres,
from an R-7.5(A) Single Family District to Planned Development District No. 973; amending
Chapter 5lP, “Dallas Development Code: Planned Development District Regulations,” of the
Dallas City Code by creating a new Article 973; 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 R-7.5(A) Single Family
District to Planned Development District No. 973 on the property described in Exhibit A, which
is attached to and made a part of this ordinance (“the Property”).
Z156-259(SH)(PD No. 973) 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 973 to read as
follows:
“ARTICLE 973.
PD 973.
SEC. 51P-973.1O1.
LEGISLATIVE HISTORY.
PD 973 was established by Ordinance No.
October 26, 2016.
SEC. 51P-973.102.
passed by the Dallas City Council on
PROPERTY LOCATION AND SIZE.
PD 973 is established on property generally located along the southeast line of Ferguson
Road and along the northeast line of Barnes Bridge Road. The size of PD 973 is approximately
7.38 acres.
SEC. 51P-973.103.
DEFINITIONS AND INTERPRETATIONS.
(a)
Unless otherwise stated, the defmitions and interpretations in Chapter 51 A apply
to this article.
Unless otherwise stated, all references to articles, divisions, or sections in this
(b)
article are to articles, divisions, or sections in Chapter 5 1A.
(c)
This district is considered to be a residential zoning district.
SEC. 51P-973.104.
EXHIBIT.
The following exhibit is incorporated into this article: Exhibit 973A: development plan.
SEC. 51P-973.105.
DEVELOPMENT PLAN.
(a)
For a local utilities use, development and use of the Property must comply with
the development plan (Exhibit 973A). If there is a conflict between the text of this article and the
development plan, the text of this article controls.
Z156-259(SH)(PD No. 973) Page 2
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For all other uses, no development plan is required, and the provisions of Section
(b)
51A-4.702 regarding submission of or amendments to a development plan, site analysis plan,
conceptual plan, development schedule, and landscape plan do not apply.
SEC. 51P-973.106.
MAIN USES PERMITTED.
(a)
Except as provided in this section, the only main uses permitted are those main
uses permitted in the R-7.5(A) Single Family District, subject to the same conditions applicable
in the R-7.5(A) Single Family District, as set out in Chapter 51A. For example, a use permitted
in the R-7.5(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-7.5(A) Single
Family District is subject to DIR in this district; etc.
(b)
The following use is permitted by right:
--
Local utilities.
SEC. 51P-973.107.
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 contained in Section 51A-4.217. For more information regarding
accessory uses, consult Section 51A-4.2l7.
YARD, LOT, AND SPACE REGULATIONS.
SEC. 51P-973.108.
(Note: The yard, lot, and space regulations in this section must be read together with the
yard, lot, and space regulations in Division 51A-4.400. 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-7.5(A) Single Family District apply.
Front yard. For a local utilities use, minimum front yard is 20 feet along Barnes
(b)
Bridge Road and no front yard is required along Ferguson Road.
(c)
required.
Side and rear yard. For a local utilities use, no minimum side or rear yard is
Floor area. For a local utilities use, maximum floor area is 3,000 square feet.
(d)
Aboveground storage tanks shown on the development plan do not count as floor area. Partially
underground utility vaults do not count as floor area.
Z156-259(SH)(PD No. 973) Page 3
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(e)
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Height.
(1)
height is 35 feet.
In general.
Except as provided in this subsection, maximum structure
(2)
Residential proximity slope. If any portion of a structure used for an
institutional use or a utility and public service use is over 26 feet in height, that portion may not
be located above a residential proximity slope.
(3)
Local utilities. For a local utilities use, maximum structure height is 25
feet.
Lot coverage: For nonresidential uses, maximum lot coverage is 40 percent.
(f)
Aboveground parking structures are included in lot coverage calculations; surface parking lots
and underground parking structures are not.
SEC. 51P-973.109.
OFF-STREET PARKING.
Consult the use regulations in Division 5 1A-4.200 for the specific off-street parking and
loading requirements for each use.
SEC. 51P-973.11O.
ENVIRONMENTAL PERFORMANCE STANDARDS.
See Article VI.
SEC. S1P-973.111.
LANDSCAPING.
(a)
In general. Except as provided in this section, landscaping must be provided in
accordance with Article X.
(b)
Local utilities.
(1)
A minimum of four large canopy trees must be planted in the locations
shown on the development plan.
(2)
Screening of off-street parking is not required.
(3)
Perimeter landscape buffer strip is not required.
(4)
Screening required under Section 51 A-4.602(b) is not required.
(c)
Maintenance. Plant materials must be maintained in a healthy, growing condition.
SIGNS.
SEC. 51P-973.112.
Z156-259(SH)(PD No. 973) Page 4
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Signs must comply with the provisions for non-business zoning districts contained in
Article VII.
SEC. 51P-973.113.
(a)
appearance.
ADDITIONAL PROVISIONS.
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.
SEC. S1P-973.114.
COMPLIANCE WITH CONDITIONS.
All paved areas, permanent drives, streets, and drainage structures, if any, must be
(a)
constructed in accordance with standard city specifications, and completed to the satisfaction of
the city.
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, 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 51A-4.701 of Chapter 5lA 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 973A (development plan) attached to this ordinance. A reduced-sized version of this plan
shall be provided in Chapter 51 P. 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 973 in Chapter 51P.
SECTION 6. That a person who violates a provision of this ordinance, upon conviction,
is punishable by a fine not to exceed $2,000.
Z156-259(SH)(PD No. 973) Page 5
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SECTION 7. 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 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.
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 TO FORM:
LARRY E. CASTO, City Attorney
By_
Assistant City Attorney
Passed
OCT 262016
Z156-259(SH)(PDN0. 973)- Page 6
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GIS_Approved
Exhibit A
LEGAL DESCRIPTION
BEING a tract of land in City Block 7770 and being located at the east corner of the intersection
of Ferguson Road and Barnes Bridge Road;
BEGINNING at the intersection of the southeast line of Ferguson Road, a variable width right of
way, and the northeast line of Barnes Bridge Road, a sixty foot in width right of way;
THENCE N 440 07’ 07.92” East, along the southeast line of Ferguson Road, a distance of 440.00
feet, a point for corer;
THENCE departing the southeast line of Ferguson Road and traveling along an alley right of
way, S 450 25’ 37.08” E, a distance of 730.00 feet, to a point for corner;
THENCE departing the said alley right of way, S 44° 07’ 07.92 W, along a common line with a
City of Mesquite owned tract, a distance of 440.00 feet, to a point in the northeast line of Barnes
Bridge Road;
THENCE N 45° 25’ 37.08” W, along said northeast line of Barnes Bridge Road, a distance
730.00 feet to return to the POINT OF BEGINNING, and containing 7.38 acres of land.
Zi 56-259(SH)(Exhibit A)
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ZONING MAP
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PROOF OF PUBLICATION
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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
30248
OCT 292016
ATTESTED BY:
OFFICE OF CITY SECRETARY
P:\PROOF OF PUBLICATION.docx