HomeMy WebLinkAboutOrdinance No. 15_008 PD 33 AmendmentORDINANCE NO. 15/008
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED,
SO AS TO AMEND THE DETAILED SITE PLAN FOR PLANNED
DEVELOPMENT DISTRICT 33 "PD-33", ATTACHED HERETO AS
EXHIBIT "B" FOR THE PROPERTY DESCRIBED AS LOTS 9-11 AND 18-
20, BLOCK 1, AND LOTS 7-11 AND 18-22, BLOCK 2, TROTH AND
BOSWELL SUBDIVISION, AN ADDITTON TO THE CITY OF UNIVERSITY
PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO; PROVIDING SPECIAL
CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABIL TY CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission o f t h e C i t y o f
U n i v e r sit y Park and the City Council of the City of University Park, in
compliance with the laws of the State of Texas with reference to the granting of zoning
classifications and changes have given the requisite notices by publication and
otherwise, and have held due hearings and afforded a full and fair hearing to all
property owners generally and to all persons interested and situated in the affected area
and in the vicinity thereof, and the City Council of the City of University Park is of
the opinion and finds that said zoning change should be granted and that the
Comprehensive Zoning Ordinance and Map should be amended; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map are hereby
amended so as to approve an amended detailed site plan for the property
described as Lots 9-ll and 18-20, Block 1, and Lots 7-11 and 18-22, Block 2, Troth
and Boswell Subdivision, an addition to the City of University Park, Dallas County,
Texas, more particularl y described in Exhibit "A " attached
hereto , Planned Development District No. 33 "PD-33", for a m u It i-f ami I y
development .
SECTION 2. That the amended detailed site plan, attached hereto collectively as
Exhibit "B", is hereby approved as the detailed site plan for said PD-33 as required by
Section 17-101 (2) of the Comprehensive Zoning Ordinance of the City of University
Park, Texas, subject to the following special conditions:
a. The property shall be developed only m conformance with the
requirements of the Planned Development ordinance as amended hereby and the
approved amended detailed site plan ;
b. The property may be used for multifamily dwelling uses only, as
provided by the zoning ordinance;
c. The development may include no more than 52 dwelling units, all with a
minimum of9' ceilings, with 14 one bedroom, 1. 5 bath units, 24 two bedroom, 2.5 bath
units, and 14 three bedroom, 2.5 bath units. This configuration may be altered during
construction, plus or minus 2 of each type unit, by approval of the Director of
Community Development. The development shall provide 1 18 off-street parking
spaces, with not less than 2 spaces for each unit or 1 space for each bedroom, whichever is
greater, plus 1 0 parking spaces at grade on the site and located along the north-south
commercial alley, reserved for commercial uses located on the west side of Preston Road
and not included in the parking calculations for this PD-33 . The buildings shall not
exceed 47 feet in height, nor have a top plate line height exceeding 38 feet 8 inches .
The minimum building setback from a public street shall be 25 feet from the property line.
The minimum setback from a garage door to the opposite side ofthe pavement shall be 21
feet, with a minimum of 5 feet radius for a driveway approach, as shown on the approved
detailed site plan. The maximum width for balconies and bay windows shall be 16 feet.
A leasing office and swimming pool are to be located near the northeast corner of the
property. All external facades shall be constructed with a minimum of 80% masonry
material with a minimum thickness of three and a half inches;
d. The developer shall be responsible for upgrading and extending water
and sanitary sewer lines in accordance with the approved detailed site plan. Developer
will request the City Council to abandon the existing alleys between Lovers Lane and
Hyer and between Hyer and Grassmere, provided the developer will grant by plat a 16'
defined public access and utility easement along each of the alleys to accommodate the
City's commercial sanitation vehicles, provide adequate turning radii for garbage pickup,
and for the retention and future maintenance of utilities. The developer shall be
responsible for the paving and full maintenance of the public access and utility easements;
e. Detailed civil plans for the paving of the north-south commercial alley,
paving of the public access and utility easements, installation and extension of utilities,
including vaults, meters and taps, and location of fire hydrants must be submitted for staff
engineering review and approval by the Director of Public Works before issuance of a
building permit. Mechanical, electrical, and plumbing plans must be stamped and signed
by a Texas Registered Professional Engineer;
f. The development shall be subject to the approved landscape plan,
attached as part of the detailed site plan. The plan requires retention of 7 existing trees
and a total of 183 new canopy and mid-story trees to be installed in accordance with the
included planting schedule. Shrubs, vines and ground cover will be installed in
accordance with the planting schedule;
g. Waste and recycling shall be collected from each unit and deposited in
appropriate dumpsters by the property's management. Five recycling dumpsters and six
waste dumpsters shall be provided at the locations indicated on the detailed site plan. The
Director of Public Works may authorize deviations from the detailed site plan if necessary
for the provision of waste and recycling services to the property;
h. Permeable coverage calculations are shown on the detailed site plan as
63%, including certain areas which are to be engineered with a substrate base and covered
with pavers. Paved areas must be confined with a reinforced concrete curb or a reinforced
concrete edge as shown on the detailed site plan and constructed in accordance with the
approved drawings to insure maximum permeability;
1. All external light fixtures shall be fitted with a cut-off luminaire so that
illumination shall not exceed 0.5 foot-candles when measured 3 feet above grade at the
property line;
.J. Except as otherwise provided by this ordinance or the approved
amended detailed site plan made a part hereof, the area regulations applicable to the MF-3
District shall apply to the development.
SECTION 3. All ordinances of the City of University Park in conflict with the provisions
of this ordinance are hereby repealed.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase Or section
of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby,
be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole or any part or provision thereof other than the part so
declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating any of the provisions of
this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby,
shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of
the City of University Park, Texas, shall be punished by a fine not to exceed the sum
of two thousand dollars ($2,000.00) for each offense, and each and every day any
such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and Charter in such cases
provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the
7th day of _ _Ap_ril _________ 2015.
APPROVED: ()).;. £~-
OLIN B. LANE, MAYOR
ATTEST: ..,
~~
CHRISTINE GREEN, CITY SECRETARY
~~~
CITY ATTORNEY
(RLD/03-02-15/70184)
OWNER'S DESCRIPTION
STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS INTERCITY INVESTMENTS, INC. is the owner of a 1.127 acre (49,077 sq. ft.) tract of land (TRACT
1) and a 1.857 acre (80,883 sq. ft.) tract of land (TRACT 2) situated in the S. Popplewell Survey, Abstract
No. 1145, Dallas County, Texas;
TRACT 1 being all of Lots 9, 10, 11, 18, 19 and 20 of Troth & Boswell's 2nd Resubdivision of Lots 9 to 20,
Inclusive, Block 1 of Preston Heights Addition as recorded in Volume 5, Page 373, Map Records, Dallas
County, Texas (M.R.D.C.T.), and being more particularly described as follows:
BEGINNING at an "x" cut in concrete found for corner in the south line of Lovers Lane (a 75 foot width
right-of-way), said "x" being the northeast corner of said Lot 11 and the northwest corner of an alley;
THENCE South, traveling along the common line between said Lot 11 and said alley, passing the southeast
corner of said Lot 11 at a distance of 135.00 feet and continuing for a total distance of 280.44 feet to an
"x" cut in concrete found for corner in the north line of Hyer Street (a 50 foot width right-of-way), said "x"
being the southeast corner of aforementioned Lot 18;
THENCE South 89°56'00" West, traveling along the common line between said Lot 18 and said Hyer Street,
passing the southwest corner of said Lot 18 at 60.00 feet and continuing for a total distance of 175.00 feet
to a 1/2 inch iron rod with orange plastic cap stamped "P&C 100871" found for corner, said rod being the
southwest corner of aforementioned Lot 20, said rod also being the southeast corner of a tract of land
known as Lot 22A of Halsells Addition as recorded in Instrument Number 201200168184, Official Public
Records, Dallas County, Texas (O.P.R.D.C.T.);
THENCE North, departing said Hyer Street and traveling along the common line between said Lot 20 and
said Lot 22A, passing the northwest corner of said Lot 20 and the northeast corner of said Lot 22A at a
distance of 135.00 feet and continuing a total distance of 280.44 feet to an "x" cut in concrete found for
corner in the south line of aforementioned Lovers Lane, said "x" being the northwest corner of
aforementioned Lot 9; said "x" also being the northeast corner of a tract of land known as Lot 8 of 4125
Lovers Lane Condominiums as recorded in Volume 2003034, Page 71, Plat Records, Dallas County, Texas;
THENCE North 89°56'00" East, traveling along the common between said Lot 9 and said Lovers Lane,
passing the northeast corner of said Lot 9 at 57.50 feet and continuing for a total distance of 175.00 feet
to the POINT OF BEGINNING and containing 1.127 acres or 49,077 square feet of land, more or less.
TRACT 2 being all of Lots 7, 8, 9, 10, 11, 18, 19, 20, 21 and 22 of John S. Troth Subdivision of Lots 7 to 22,
Inclusive, Block 2 of Preston Heights Addition as recorded in Volume 5, Page 443, M.R.D.C.T., save and
except a strip of land 6 feet wide off the entire east side of Lots 11 and 18, and being more particularly
described as follows:
BEGINNING at a 1/2 inch iron rod with orange plastic cap stamped "P&C 100871" found for corner in the
north line of Grassmere Street (a 50 foot width right-of-way) found for corner, said rod being the
southeast corner of said Lot 18 and the southwest corner of an alley;
THENCE South 89°56'00" West, traveling along the common line between said Lot 18 and said Grassmere
Street, passing the southwest corner of said Lot 18 at a distance of 49.00 feet and continuing for a total
distance of 269.00 feet to an "x" cut in concrete found for corner, said "x" being the southwest corner of
aforementioned Lot 22, said "x" also being the southeast corner of a tract of land known as 4132-4134
Grassmere Condominiums as recorded in Instrument Number 20080171177, O.P.R.D.C.T.;
THENCE North, departing said Grassmere Street and traveling along the common line between said Lot
22 and said Grassmere Condominiums, passing the northwest corner of said Lot 22 and the northeast
corner of said Grassmere Condominiums at a distance of 142.85 feet and continuing a total distance of
300.68 feet to a 1/2 inch iron rod with orange plastic cap stamped "P&C 100871" found for corner in the
south line of Hyer Street (a 50 foot width right-of-way), said rod being the northwest corner of
aforementioned Lot 7; said rod also being the northeast corner of a tract of land conveyed to Hyer One
Ltd by deed recorded in Instrument Number 200600145499, O.P.R.D.C.T.;
THENCE North 89°56'00" East, traveling along the common between said Lot 7 and said Hyer Street,
passing the northeast corner of said Lot 7 at 55.00 feet and continuing for a total distance of 269.00 feet
to a 1/2 inch iron rod with orange plastic cap stamped "P&C 100871" found for corner, said rod being the
northeast corner of aforementioned Lot 11, said rod also being in the west line of an alley;
THENCE South, traveling along the common line between said Lot 11 and said alley, passing the southeast
corner of said Lot 11 at a distance of 142.85 feet and continuing for a total distance of 300.68 feet to the
POINT OF BEGINNING and containing 1.857 acres or 80,883 square feet of land, more or less.
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