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Meeting Date: 12/07/2021  
File Number: Z-1463-21  
Date Filed: 10/14/2021  
Location: 715 and 735 E. Belt Line Road
Size of Request: 9.7 acres  
Number of Lots: 1  
Current Zoning: PD-134
Applicant: Dave Martin  
Owner: Dave Martin

Conduct a Public Hearing and consider an Ordinance for Zoning Case Z-1463-21 to amend Planned Development-134 (PD-134) with base zoning of Single Family Attached (SFA) to allow for some deviations regarding the number of proposed units. The property is located on 715 and 735 E. Belt Line Road and consists of 9.7 acres. Applicant/Owner: Dave Martin.
The property is located to the north of East Belt Line Road and west of Polk Street and contains a structure, currently being used as the sales office for the development, with the remainder being vacant land. The current zoning for the site is Planned Development-134 (PD-134), with a base zoning of Single Family Attached (SFA). To the north is Single Family-8 (SF-8) zoning, with Single Family-10 (SF-10) zoning located to the east and west. To the south, across Belt Line Road, is Single Family-10 (SF-10) zoning, the Planned Development (PD-176) for the DeSoto Police Station and then a residential Planned Development-24 (PD-24).
The applicant is requesting approval of an amendment to PD-134, which proposes only two (2) deviations from the base zoning and the same Deed Restriction language from the previous iterations:
  1. Parking Regulations: A minimum of one (1) enclosed space for each one-bedroom homes.  
  2. Minimum Dwelling Area Size: One Thousand (1,000) square feet.
  Proposed Required per SFA
Required parking 2 enclosed spaces except for 1-br homes with 1 space A minimum of 2 enclosed spaces
Minimum Home Size 1,000 sf (for 1-br only) 1,250 sf
  • Deed Restriction: No certificate of occupancy shall be approved until the owner of the Property has signed and recorded in the Official Public Records of Dallas County, Texas, a restrictive covenant in a form approved by the City Attorney restricting occupancy of the dwelling homes constructed to persons age fifty-five or older to the extent such restriction is consistent with the Federal Fair Housing Act and other applicable law.
Planned Development-134 (PD-134) was originally approved in September 2007 as a community with a maximum of 60 completely ADA accessible homes and deed restricted for adults ages 55 and over (to be recorded with Dallas County). The original approval allowed for the six (6) exceptions to the SFA base zoning district: 1) maximum height, 2) minimum lots size, 3) lot depth, 4) front yard setback, 5) side yard setback, and 6) rear yard setback. The original ordinance also included a number of additional amenities including elevators and numerous ADA features. Typically, such amenities would not be included in the ordinance language.
The first amendment to the original PD was approved in November 2016, and included the following changes to the original PD:
  • Reduce the number of homes from 60 to 42
  • Reduce the minimum lots size to 2,100 square feet
  • Reduce required parking for 1-bedroom homes to 1 enclosed space instead of 2
In March 2020, the 2nd amendment was approved. This amendment increased the total number of allowed homes to 58 and proposed some additional changes to the setbacks, minimum lot size, and height, and after approval, allowed for only four (4) exceptions to the base zoning: 1) minimum lot depth, 2) rear yard setback, 3) required parking, and 4) minimum home size.
On September 21, 2021, the City Council denied the 3rd amendment. The applicant requested an increase to the number of homes from 58 to 64 in order to replace some of the 3-bedroom homes with 1-bedroom homes; all homes were now to be a single story. Additionally, the proposed layout met the minimum lot depth and minimum rear side yard requirements under the SFA zoning district, reducing the number of requested exceptions to two (2).
Staff notified property owners within 200 feet and published the “Notice of Public Hearing” as required by law. Twenty (20) notices were mailed to adjoining property owners. Zero (0) replies were received in favor and zero (0) replies were received in opposition.
STAFF RECOMMENDATION: The applicant is requesting minor revisions to PD-134, which will result in six (6) more homes. The original PD and previous amendments included more deviations than are currently being proposed. Furthermore, the proposed amendment now includes all single-story units, which is a better design for an age-restricted development; therefore, staff recommends approval of the proposed amendment to PD-134.

PLANNING AND ZONING COMMISSION RECOMMENDATION: Unanimously recommended approval as presented. 
Z-1463-21 Attachments
Z-1463-21 Ordinance


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