article 395. - Dallas City Attorney

ARTICLE 395.
PD 395.
SEC. 51P-395.101.
LEGISLATIVE HISTORY.
PD 395 was established by Ordinance No. 21965, passed by the Dallas City Council on February
9, 1994. Ordinance No. 21965 amended Ordinance No. 19455, Chapter 51A of the Dallas City Code, as
amended. Ordinance No. 21965 was amended by Ordinance No. 22652, passed by the Dallas City
Council on January 10, 1996. (Ord. Nos. 19455; 21965; 22652; 25850)
SEC. 51P-395.102.
PROPERTY LOCATION AND SIZE.
PD 395 is established on property generally located along the north line of Frankford Road, east
of the east line of Pear Ridge Drive. The size of PD 395 is approximately 114.7915 acres. (Ord. Nos.
21965; 25850)
SEC. 51P-395.103.
DEFINITIONS AND INTERPRETATIONS.
(a)
Definitions. Unless otherwise stated, the definitions contained in Chapter 51A apply to
this article. In the event of a conflict, this article controls.
(b)
Interpretations.
(1)
Unless otherwise stated, all references to code articles, divisions, or sections in
this article refer to articles, divisions, or sections in Chapter 51A.
(2)
Section 51A-2.101, “Interpretations,” applies to this article.
(3)
The following rules apply in interpreting the use regulations in this article:
(A)
The absence of a symbol appearing after a listed use means that the use is
permitted by right.
(B)
The symbol [L] appearing after a listed use means that the use is
permitted by right as a limited use only.
(C)
The symbol [SUP] appearing after a listed use means that the use is
permitted by specific use permit only.
(D)
The symbol [DIR] appearing after a listed use means that a site plan
must be submitted and approved in accordance with the requirements of Section 51A-4.803. (“DIR”
means “development impact review.” For more information regarding development impact review
generally, see Division 51A-4.800.)
(E)
The symbol [RAR] appearing after a listed use means that, if the use has
a residential adjacency as defined in Section 51A-4.803, a site plan must be submitted and approved in
accordance with the requirements of that section. (“RAR” means “residential adjacency review.” For
more information regarding residential adjacency review generally, see Division 51A-4.800.)
(4)
For purposes of determining the applicability of regulations in this article and in
Chapter 51A triggered by adjacency or proximity to another zoning district, and for purposes of
interpreting the DIR and RAR requirements of Division 51A-4.800, this district is considered to be a
residential zoning district. (Ord. Nos. 21965; 25850)
SEC. 51P-395.104.
CONCEPTUAL AND DEVELOPMENT PLANS.
(a)
Conceptual plan. A conceptual plan is labelled Exhibit 395A. Development of the
Property must comply with the conceptual plan.
(b)
Development plan.
(1)
A development plan for Phase II and III must be submitted to and approved by
the city plan commission prior to the issuance of a building permit within these phases. The development
plan must comply with the requirements of Section 51A-4.702. Phase I is exempt from this provision. The
development plan must comply with the conceptual plan.
(2)
An amendment to a development plan, other than minor amendments authorized
by the director, only requires the approval of the city plan commission. If the city plan commission
disapproves a development plan or an amendment to a development plan, the applicant may appeal the
decision to the city council. (Ord. Nos. 21965; 25850)
SEC. 51P-395.105.
MAIN USES PERMITTED.
The uses within Phase I are as permitted and governed by Section 51A-4.112(g), the R-5(A)
district. The uses within Phase II are as permitted and governed by Section 51A-4.112(f), the R-7.5(A)
district. The uses within Phase III are as permitted and governed by Section 51A-4.114, the Townhouse
District. (Ord. Nos. 21965; 25850)
SEC. 51P-395.106.
ACCESSORY USES.
(a)
As a general rule, an accessory use is permitted in any district in which the main use is
permitted. Some specific types of 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-4.217.
(b)
A gatehouse structure for traffic control purposes is a permitted accessory use within this
PD, provided the gatehouse is located on a private street. The gatehouse may not exceed 225 square feet
in size. Unenclosed structures for pedestrian access are also permitted as an accessory use adjacent to the
gatehouse. The pedestrian access structures may not exceed 225 square feet in size. (Ord. Nos. 21965;
25850)
SEC. 51P-395.107.
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 contained in Division 51A-4.400. In the event of a conflict between this section and
Division 51A-4.400, this section controls.)
(a)
Except as listed below, the yard, lot, and space regulations for Phase I are governed by
Section 51A-4.112(g), the R-5(A) district. Except as listed below, the yard, lot, and space regulations for
Phase II are governed by Section 51A-4.112(f), the R-7.5(A) district. The yard, lot, and space regulations
for Phase III are governed by Section 51A-4.114, the Townhouse District.
(b)
For Phase I, maximum lot coverage is 60 percent.
(c)
For Phase II, minimum front yard setback is 20 feet, minimum side and rear yard setback
is five feet, and maximum lot coverage is 60 percent. (Ord. Nos. 21965; 25850)
SEC. 51P-395.108.
ENVIRONMENTAL PERFORMANCE STANDARDS.
See Article VI. (Ord. Nos. 21965; 25850)
SEC. 51P-395.109.
LANDSCAPING.
(a)
All landscaping must be installed in accordance with Article X. All plant material must
be maintained in a healthy, growing condition.
(b)
The provisions of Division 51A-10.130, “Tree Preservation,” apply to Phase II as shown
on the conceptual plan, except for the following:
(1)
No approval of a tree removal application is required if the tree was removed to
allow construction of improvements within the building pad. “Building pad” is defined as the area of the
lot between the required front, side, and rear setback lines, but not exceeding 60 percent of the lot.
(2)
A minimum of 14 caliper inches of trees must be planted on each lot prior to final
inspection of the structure.
(3)
The following trees must be planted along the north line of the Frankford Road
frontage, east of Stonehollow Way:
(A)
15 crepe myrtles, a minimum of 10 feet in height;
(B)
five chinese pistachio trees with a minimum caliper of four inches per
(C)
five oak trees with a minimum caliper of five inches per tree. (Ord. Nos.
tree; and
22652; 25850)
SEC. 51P-395.110.
PARKING.
Parking must be provided as specified by the Dallas Development Code. (Ord. Nos. 21965;
25850)
SEC. 51P-395.111.
FLOOD PLAIN AND ESCARPMENT.
See Article V. (Ord. Nos. 21965; 25850)
SEC. 51P-395.112.
PRIVATE STREETS AND ALLEYS.
Private streets and alleys are permitted within this PD, and, except as otherwise provided, must
comply with the regulations contained in Article VIII. The private streets may serve a total of 325 lots.
(Ord. Nos. 21965; 25850)
SEC. 51P-395.113.
GENERAL REQUIREMENTS.
Development of the Property must comply with the requirements of all applicable ordinances,
rules, and regulations of the city, and all applicable state laws and regulations. (Ord. Nos. 21965; 25850)
SEC. 51P-395.114.
PAVING.
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. (Ord. Nos. 22652; 25850)
SEC. 51P-395.115.
COMPLIANCE WITH CONDITIONS.
The building official shall not issue a building permit or certificate of occupancy for a use in this
PD 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. (Ord. Nos. 22652; 25850)
SEC. 51P-395.116.
ZONING MAP.
PD 395 is located on Zoning Map Nos. AA-6 and AA-7. (Ord. Nos. 21965; 25850)