DCA Proposed Development Code Amendment to Subdivision Regulations. Division 51A-8.500, Subdivision Layout and Design

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2 DCA Proposed Development Code Amendment to Subdivision Regulations Division 51A-8.500, Subdivision Layout and Design City Council Economic Development Committee April 30, 2012 Department of Sustainable Development and Construction

3 Background Representatives from Dallas Independent School District requested that the City consider a code amendment to address a provision in the subdivision regulations that platted lots must conform in width, depth and area to the pattern already established in the adjacent areas. City Council Economic Development Committee April 16,

4 Background Currently Section 51A of the Development Code has the following standard for lots under the requirements for subdivision layout and design: Lot size. The area of each platted lot must comply with the minimum regulations for the zoning district in which the lot is located. Lots must conform in width, depth and area to the pattern already established in the adjacent areas, having due regard to the character of the area, its particular suitability for development, and taking into consideration the natural topography of the ground, drainage, wastewater facilities, and the proposed layout of streets. City Council Economic Development Committee April 16,

5 Issues There are certain governmental related uses that are appropriate to locate in most zoning district classifications. Frequently these uses require greater lot areas than surrounding lots, particularly when located in single family residential zoning districts. These uses include parks, recreation centers, libraries, public schools, fire stations, and utilities such as water storage facilities and pump stations. City Council Economic Development Committee April 16,

6 Issues As a result of capital programs the city has platted several libraries, fire stations and recreation centers in the past several years that were in areas with smaller lots intended for residential uses. Similarly, area school districts have had to plat to accommodate both new schools and school expansions in areas with smaller lots intended for residential uses. Typically these plats have been approved but the current wording does not recognize the unique service these uses provide that are complimentary to and consistent with the lots in the surrounding area. City Council Economic Development Committee April 16,

7 Issues forwarddallas! includes several references to the importance of amenities such as schools and parks to serve neighborhoods. The purpose statements in the Development Code for single family zoning districts, such as the R-7.5(A) district, include language such as: This district is intended to be composed of single family dwellings together with public and private schools, churches, and public parks essential to create basic neighborhood units. City Council Economic Development Committee April 16,

8 Proposal Amend wording to allow for different consideration of property owned by a governmental entity intended for public use that is permitted in residential districts. Amend wording to give due consideration to present zoning of the property and appropriate lot configuration for permitted uses. City Council Economic Development Committee April 16,

9 Initial Proposal (a) Lot size. The area of each platted lot must comply with the minimum regulations for the zoning district in which the lot is located. Except for property owned by a governmental agency and intended to be used for a public purpose such as a fire station, library, park, school or utility use; [L]ots must conform in width, depth, and area to the pattern already established in the adjacent areas, having due regard to the character of the area, its particular suitability for development, its zoning and taking into consideration the natural topography of the ground, drainage, wastewater facilities, and the proposed layout of streets. City Council Economic Development Committee April 16,

10 CPC Recommendation (a) Lot size and pattern. (1) The width, depth, and area of each platted lot must comply with the minimum regulations for the zoning district in which the lot is located. (2) Lots in a planned development district must be platted in accordance with the conceptual plan or development plan of that district. Lots to be developed pursuant to a specific use permit must be platted in accordance with the site plan of that specific use permit. City Council Economic Development Committee April 16,

11 CPC Recommendation (cont) (3) Lots must conform in width, depth, and area to the pattern already established in the adjacent areas, except that this paragraph does not apply to: (A) Property owned by a governmental agency and intended to be used for a public purpose or building such as a fire station, library, park, school, or utility. (B) Property owned by a public utility and intended to be used for utility services. (C) Property in nonresidential districts where there is no established pattern of platted lots. City Council Economic Development Committee April 16,

12 CPC Recommendation (cont) (4) Platting must have [having] due regard for the area s existing structures, existing uses, zoning, and [to the] character. [of the area,] (5) Platting must take [its particular suitability for development, and taking] into consideration the property s suitability for development, [natural] topography [of the ground], drainage, [wastewater facilities], and [the] proposed layout of streets. City Council Economic Development Committee April 16,

13 Sunset Pump Station City Council Economic Development Committee April 16,

14 Cowart Elementary School City Council Economic Development Committee April 16,

15 Salazar Elementary School City Council Economic Development Committee April 16,

16 Lee Elementary School City Council Economic Development Committee April 16,

17 City Council Economic Development Committee April 16,

18 Next Steps Schedule for City Council Consideration on May 9, 2012 City Council Economic Development Committee April 16,

19 ORDINANCE NO. An ordinance amending Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code by amending Section 51A-8.503; providing that the width and depth of platted lots must comply with the minimum regulations for the zoning district; providing that lots in a planned development district must be platted in accordance with the conceptual plan or development plan of that district; providing that lots subject to a specific use permit must be platted in accordance with the site plan of that specific use permit; providing certain exceptions to the requirement that lots conform in width, depth, and area to the pattern already established in the adjacent areas; providing that platting must have due regard for the area s existing structures, existing uses, and zoning; 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 this amendment to the Dallas City Code; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Subsection (a), Lot Size, of Section 51A-8.503, Lots, of Division 51A-8.500, Subdivision Layout and Design, of Article VIII, Plat Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: DCA 112-xxx (Amend 51A regarding lot size) - Page 1 DRAFT (As recommended by CPC)

20 (a) Lot size and pattern. (1) The width, depth, and area of each platted lot must comply with the minimum regulations for the zoning district in which the lot is located. (2) Lots in a planned development district must be platted in accordance with the conceptual plan or development plan of that district. Lots to be developed pursuant to a specific use permit must be platted in accordance with the site plan of that specific use permit. (3) Lots must conform in width, depth, and area to the pattern already established in the adjacent areas, except that this paragraph does not apply to: (A) Property owned by a governmental agency and intended to be used for a public purpose or building such as a fire station, library, park, school, or utility. for utility services. (B) Property owned by a public utility and intended to be used (C) established pattern of platted lots. Property in nonresidential districts where there is no (4) Platting must have [having] due regard for the area s existing structures, existing uses, zoning, and [to the] character. [of the area,] (5) Platting must take [its particular suitability for development, and taking] into consideration the property s suitability for development, [natural] topography [of the ground], drainage, [wastewater facilities], and [the] proposed layout of streets. SECTION 2. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 3. That Chapter 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 4. 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. DCA 112-xxx (Amend 51A regarding lot size) - Page 2 DRAFT (As recommended by CPC)

21 SECTION 5. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney Passed DCA 112-xxx (Amend 51A regarding lot size) - Page 3 DRAFT (As recommended by CPC)