PD 357 Farmers Market SPD

SEC. 51P-357.101. LEGISLATIVE HISTORY.

PD 357 was established by Ordinance No. 22097, passed by the Dallas City Council on June 22, 1994. Ordinance No. 22097 amended Ordinance No. 19455, Chapter 51A of the Dallas City Code, as amended. (Ord. Nos. 19455; 22097; 25850)

SEC. 51P-357.102. PROPERTY LOCATION AND SIZE.

PD 357 is established on property generally bounded by the center lines of East R.L. Thornton Freeway (I-30), St. Paul Street, Young Street, Park Avenue, Wood Street, Harwood Street, Commerce Street, and I-345. The size of PD 357 is approximately 172.5 acres. (Ord. Nos. 22097; 25850)

SEC. 51P-357.103. PURPOSE.

This article provides standards specifically tailored to meet the needs of the Farmers Market area of the city, which is hereby designated as an area of cultural importance and significance to the citizens of the city. The general objectives of these standards are to promote and protect the health, safety, welfare, convenience, and enjoyment of the public, and, in part, to achieve the following:

(1) To achieve buildings more urban in form.

(2) To promote and protect an attractive street level pedestrian environment by encouraging the development of structures along entire blockfaces with continuous activities.

(3) To promote development appropriate to the character of nearby neighborhood uses by imposing standards sensitive to scale and adjacency issues.

(4) To use existing zoned development densities as a base from which to plan, while providing bonuses to encourage residential development in commercial areas.

(5) To encourage and protect the quantity and quality of residential uses.

(6) To promote landscape/streetscape quality and appearance.

(7) To aid the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, groundwater recharge, and storm water runoff retardation, while at the same time aiding in noise, glare, and heat abatement.

(8) To provide visual buffering and enhance the beautification of the city.

(9) To safeguard and enhance property values and to protect public and private investment.

(10) To conserve energy.

(11) To discourage changes that fail to comply with the overall objectives of the Farmers Market concept approved by the Dallas City Council on August 14, 1991. (Ord. Nos. 22097; 25850)

Definitions:

(A) CANOPY TREE means a species of tree that normally bears crown foliage no lower than six feet above ground level upon maturity.

(B) COLORED CONCRETE means concrete with one or more pigments added to it.

(D) MAJOR MODIFICATION means modifications to an original building within a one-year period where the value of the modifications as stated on applications for building permits exceeds 50 percent of the building's assessed value as determined by the Dallas Central Appraisal District.

(H) PARKWAY means the portion of a right-of-way located between the street curb and the property line of an adjoining lot.

(K) SCREENING means a visual barrier provided by using one of the following methods:

(i) Brick, stone, or concrete masonry, stucco, concrete, or wood that is at least three feet in height.

(ii) Earthen berm at least three feet in height planted with turf grass or ground cover recommended for local area use by the director of park and recreation. The berm may not have a slope that exceeds one foot of height for each two feet in width.

(iii) Evergreen plant materials recommended for local area use by the director of park and recreation. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance and being at least three feet in height within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years.

(iv) An ornamental steel or iron fence that is at least five feet in height.

SEC. 51P-357.105. ZONING CLASSIFICATION CHANGE.

Chapter 51A is amended by changing the zoning classification from CA-1(A) Central Area District to PD 357, to be known as the Farmers Market Special Purpose District ("the Farmers Market SPD"), on the property described in Ordinance No. 22097. (Ord. Nos. 22097; 25850)

SEC. 51P-357.106. ESTABLISHMENT OF SUBDISTRICTS.

A map (Exhibit 357A) shows the boundaries of the district and the 10 subdistricts. Property descriptions of the subdistricts are attached to Ordinance No. 22097 as Exhibit B. The subdistricts are hereby established for purposes of this article. If there is a conflict between the map and the text of this article, the text controls. (Ord. Nos. 22097; 25850; 26370)

SEC. 51P-357.107. GENERAL DEVELOPMENT STANDARDS.

The provisions of Section 51A-4.702, "Planned Development (PD) District Regulations," relating to the PD pre-application conference, site plan procedure, site analysis, conceptual plan, development plan, development schedule, and amendments to the development plan do not apply to this district. (Ord. Nos. 22097; 25850)

SEC. 51P-357.109. 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) Front yard. No minimum front yard.

(b) Side and rear yard.

(1) Minimum side yard is:

(A) five feet for duplex structures; and

(B) no minimum in all other areas.

(d) Commercial parking lots and garages.

(1) Definitions. In this subsection:

(A) EXISTING USE means a commercial parking lot or garage that was in operation on June 22, 1994, regardless of whether the use had a certificate of occupancy on that date. This definition does not mean that an illegal use on that date is now a conforming or legal use.

(B) NEW USE means a commercial parking lot or garage that is not an existing use.

(C) PARKWAY means the portion of a right-of-way located between the street curb and the property line of an adjoining lot.

(D) SELF-PARK SPACE means a parking space where a customer parks his vehicle and it remains there until a customer drives it away. It does not include a space where an attendant parks a customer vehicle.

(E) WROUGHT IRON includes metal that resembles wrought iron in appearance.

(2) Site plan.

(A) When required. When establishing a new use or enlarging an existing use by more than 40 percent, a site plan must be submitted and approved in accordance with this paragraph before a certificate of occupancy may be issued.

(B) Requisites. The site plan must include the following information:

(i) The number of existing and proposed parking spaces on the property.

(ii) The location and dimensions of the property.

(iii) The location and dimensions of all existing and proposed off-street parking and loading areas, parking bays, aisles, driveways, and attendant booths.

(iv) The location and type of all existing and proposed landscaping, screening, trash receptacles, lighting, and signs.

(v) Any other reasonable and pertinent information that the building official determines to be necessary for site plan review.

(C) Review by the building official. The building official shall deny an application unless is meets all the applicable standards of this subsection.

(D) Decision of the building official.

(i) Form of decision. The decision of the building official must take one of two forms:

(aa) Approval.

(bb) Denial.

(ii) Statement of reasons. If the building official denies an application, he shall state in writing the specific reasons for denial.

(iii) Approval. If there are no grounds for denial under this subsection, the building official shall approve the application with no conditions.

(E) Notice. The building official shall give written notice to the applicant of his decision regarding the application within 14 days of its receipt. Notice is given by depositing the notice properly addressed and postage paid in the United States mail. The notice must be sent to the address shown on the application.

(F) Development. If a site plan is approved by the building official, development of the property must be in accordance with the site plan.

(9) Screening and landscaping.

(A) Where. Screening and landscaping must be provided along an abutting street right-of-way, excluding openings for pedestrian and vehicular access, of:

(i) a surface parking lot; and

(ii) a parking garage having any openings in the first story above grade, excluding openings for pedestrian and vehicular access.

(B) Screening.

(i) Surface parking lots in the middle of a block with buildings on both adjoining lots and less than 100 feet of frontage and all parking garages must have screening consisting of a wrought iron fence.

(ii) All other surface parking lots must have screening consisting of:

(aa) a wrought iron fence;

(bb) metal or concrete bollards; or

(cc) a combination of planters and either bollards or a wrought iron fence.

(iii) If a wrought iron fence is provided:

(aa) it must be at least 42 inches in height;

(bb) its vertical bars must be spaced no more than eight inches apart and welded or brazed to horizontal bars at or near the top and bottom of the fence;

(cc) it may have a foundation that does not exceed 12 inches in height; and

(dd) the columns extending into the ground or foundation must be spaced no more than 10 feet apart.

(iv) If bollards are provided, each bollard must be:

(aa) at least 18 inches in length;

(bb) at least nine inches in width;

(cc) at least 30 inches in height; and

(dd) no more than seven feet from another bollard, unless connected by an iron chain, in which case they may be no more than 12 feet from another bollard.

(v) If planters are provided:

(aa) each planter must be between six and 18 inches in height; and

(bb) the length of the planter area may not exceed one-fifth of the lot frontage.

(C) Landscaping.

(i) Requirement. Unless a parkway landscape permit is denied or revoked in accordance with Subparagraph (C)(vii), one tree or shrub must be provided in the adjoining parkway for each 30 feet along the required landscaping area. All trees and shrubs provided must be recommended for local area use by the director of park and recreation.

(ii) Trees. Each tree planted must have a caliper of at least two and one-half inches.

(iii) Shrubs. Each shrub provided must be at least 30 inches in height and planted in a planter or a metal or concrete pot.

(iv) Minimum tree clearance. All portions of a tree above street pavement must be at least thirteen and one-half feet in height.

(v) Tree grates. Tree grates conforming to state and federal standards and specifications adopted to eliminate, insofar as possible, architectural barriers encountered by aged, handicapped, or disabled persons, and of a size adequate to permit healthy tree growth must be provided for all trees planted within a public sidewalk.

(vi) Private license granted. The city council hereby grants a private license to the owners of all commercial parking lots and garages in this district for the exclusive purpose of authorizing compliance with the landscaping requirements. A property owner is not required to pay an initial or annual fee for this license. This private license shall not terminate at the end of any specific time period, however, the city council retains the right to terminate this license whenever in its judgment the purpose or use of this license is inconsistent with public use of the right-of-way or whenever the purpose or use of this license is likely to become a nuisance. A property owner is not required to comply with any landscaping requirement of this paragraph if compliance is made impossible due to the termination of this license. This provision controls over Article VI of Chapter 43 of the Dallas City Code.

(vii) Parkway landscape permit. A parkway landscape permit must be obtained from the director of public works and transportation for all landscaping in the parkway.

(aa) An application for a parkway landscape permit must be in writing on a form approved by the director of public works and transportation and accompanied by plans or drawings showing the area of the parkway affected and the planting proposed.

(bb) Upon receipt of the application, the director of public works and transportation shall circulate it to all affected city departments, utilities, and other franchise holders for review and comment. If, after receiving those comments, the director of public works and transportation determines that the construction and planting proposed will not be inconsistent with or unreasonably impair the public use of the right-of-way, he shall issue a parkway landscape permit to the property owner; otherwise, he shall deny the permit.

(cc) A parkway landscape permit issued by the director of public works and transportation is subject to immediate revocation upon written notice if at any time he determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way.

(dd) The issuance of a parkway landscape permit under this paragraph does not excuse the property owner, his agents, or employees from liability in the installation or maintenance of trees or shrubs in the public right-of-way.

SEC. 51P-357.113. SINGLE FAMILY STRUCTURE SPACING.

In this district, a minimum of 15 feet between each group of eight single family or handicapped group dwelling unit structures must be provided by plat. (Ord. Nos. 22097; 25850)

SEC. 51P-357.114. SIDEWALK REGULATIONS.

(a) A sidewalk must be provided between the back of the street curb and the face of a building at grade in accordance with this section. The face of a building is behind the columns for a building with exterior columns.

(b) Sidewalks must be constructed and maintained in accordance with the following regulations:

(1) A building with a floor area ratio of more than 15 to one is subject to the requirements of the CA-1(A)-CP district in Section 51A-4.124(a)(8)(C)(ii).

(2) A building with a floor area ratio of 10 to one through 15 to one must have an average sidewalk width of 15 feet and a minimum sidewalk width of nine feet that is unobstructed by any structure. For purposes of this paragraph:

(A) Average sidewalk width equals the total sidewalk surface area divided by the linear feet of frontage.

(B) Each frontage on each block must contain the required average sidewalk width.

(C) The area occupied by structural walls or columns is excluded when computing average sidewalk width.

(D) The surface area at a corner is counted only once when computing average sidewalk width.

(3) All other buildings must provide a minimum sidewalk width of 10 feet with seven feet unobstructed by any structure or planting. (Ord. Nos. 22097; 25850)

SEC. 51P-357.115. DEVELOPMENT PLAN REVIEW.

(a) Pre-application conference. A person desiring to develop in the district should consult with the director to discuss whether the project is consistent with the requirements of this article.

(b) Review of project. Upon receipt of an application for a building permit for new construction or a major modification of a structure in the district and a landscape plan, the building official shall refer the application and plans to the director for review to determine whether the application complies with all requirements of this article. The director shall complete the review within 30 days from the date of submission of the completed application to the building official, or the application shall be deemed to be approved.

(c) Return of application to the building official. Once the director makes his determination, he shall refer the permit application, plans, all other relevant information, and his recommendation to the building official. If the director determines that sufficient points have been accumulated under the design and landscape tests and all mandatory provisions of this article have been met, he shall recommend approval. Otherwise, he shall recommend denial. If the recommendation is for denial, the director shall state the grounds for denial in writing to the applicant, and the building official shall not issue the permit unless the director's recommendation is overturned upon appeal to the board. If the recommendation is for approval and the building official determines that all requirements of the construction codes and all other applicable ordinances have been met, the building official shall issue the permit. (Ord. Nos. 22097; 25850)

SEC. 51P-357.116. DESIGN TEST AND REQUIREMENTS.

(a) In general. All applications referred to the director for review in accordance with Section 51P-357.115 of this article must be evaluated against the tests and prohibitions in this section. Plans for new construction or a major modification of a structure must earn at least 65 points (out of a total of 120 possible points) and comply with all mandatory requirements of this section. The points awarded for providing a feature, as well as the maximum number of points allowed in any category, are provided in parenthesis.

(b) Highly reflective glass prohibited. Reflective glass may not be used as an exterior building material on any building or structure in the district.

(c) Building offset requirement. A building facade that faces a public right-of-way must contain an offset of at least 100 square feet in area for the first five stories if the facade is for:

(1) a residential structure that extends 50 or more feet along the right-of-way; or

(2) a nonresidential structure that extends 75 or more feet along the right-of-way.

For purposes of this section, an offset is an area within one or more angles in a building's footprint other than the four 90-degree corners of the building.

(d) Design points. Design points are awarded in accordance with the following criteria:

(1) Building facades. (Total possible points = 20). Points may be earned as follows:

(A) Retail uses. Ten points are awarded if each side of a building's ground floor that fronts a right-of-way (excluding halls, restrooms, utility areas, and other public spaces) is allocated to retail uses.

(B) Lower story articulation. Ten points are awarded if each of the first three stories of a building is articulated differently from the stories above and below it.

(C) Non-horizontal roofs. Ten points are awarded if the building's roof is capped by complex parapets, central or corner spires, pitched or stair-stepped roof forms, horizontal projected soffits, parapet walls consisting of decorative coping (for buildings having less than four stories), or other vertical offsets in the roof.

(D) Facade treatments. Ten points are awarded if the building's facade is given texture and complexity by the inclusion of ground level entries more than 14 feet in height, porticos, indented entries, belt coursing or other horizontal banding, grid coursing or other articulation of window openings, corner pilasters, rustication of the first floor, changes of color, or ornamental irons.

(E) Large public areas. Ten points are awarded if a sidewalk or plaza area not required by this article is provided for pedestrian activities.

(2) Awnings and arcades. (Total possible points = 10) To qualify for points under this paragraph, an arcade must have a minimum depth of six feet, a minimum height of seven feet, and a maximum height of 20 feet. An awning must have a minimum depth of three and one-half feet, a minimum height of seven feet, and a maximum height of 14 feet. For the purpose of this paragraph, awning and arcade height is the vertical distance between the ground or pavement directly beneath the awning or arcade and the lowest point of the awning or arcade. One point is awarded for each 10 percent of front lot line linear footage of awning or arcade width. When arcades extend over public rights-of-way, the minimum depth requirement of the arcade may be reduced from six feet to the maximum depth permitted under the necessary agreement with the city.

(3) Building materials. (Total possible points = 20) One point is awarded for each three percent increment greater than 40 percent of total building facade area, excluding openings, incorporating stone, brick, or a combination of those materials as facade materials.

(4) Front facade openings. (Total possible points = 20) Twenty points are awarded if the percentage of a front facade containing openings is between 40 and 60 percent. For purposes of this paragraph, "front facade" means any facade facing a street. For buildings with more than one story, only the front facade of the first and second stories is used when calculating the percentage of openings.

(5) Public art. (Total possible points = 10) One point is awarded for each one percent of the value of improvement stated in the building permit application that is allocated to public art up to a maximum of 10 points. In order to qualify for public art points, the public art must be visible from a public right-of-way at all times. Examples of public art could include art in an atrium or lobby that is visible from a public right-of-way, art incorporated into the sidewalk or building facade, or freestanding art.

(6) Water features. (Total possible points = 10) One point is awarded for each one percent of the value of improvements stated in the building permit application that is allocated to a water feature, such as a fountain, stream, pond, pool, waterfall, mechanical water jet, or other similar water device, up to a maximum of 10 points. In order to qualify for water feature points, the water feature must be visible from a public right-of-way at all times.

(7) Flags and banners. (Total possible points = 10) Flags and banners may be hung from street light poles or suspended from private buildings or poles. One point is awarded for each one percent of building facade area that has an equivalent area of either flags or banners up to a maximum of 10 points. If the flags or banners are signs, they must comply with the sign regulations for this district.

(8) Ground floor light fixtures. (Total possible points = 10) Ten points are awarded if decorative light fixtures that are greater than three feet vertically frame a ground floor entry or create a repeating motif along the facade of the ground floor.

(9) Pedestrian seating. (Total possible points = 10) One point is awarded for each five feet of pedestrian seating. (Ord. Nos. 22097; 25850)