SEC. 51A-4.508. TURTLE CREEK ENVIRONMENTAL CORRIDOR.

   (a)   The Turtle Creek Environmental Corridor (“the corridor”) consists of the following area:

      Beginning at the intersection of the west line of Turtle Creek Boulevard and the south line of Wycliff Avenue; thence in a westerly direction along said south line of Wycliff Avenue to a point in a line, said line being 75 feet west of and parallel to the west line of Turtle Creek Boulevard;

      Thence in a southerly direction along said line, crossing Avondale Street, Irving Avenue, Blackburn Street, Gilbert Avenue and Holland Avenue, to a point in the southwest line of Lemmon Avenue, said point being 75 feet northwest of the northwest line of Turtle Creek Boulevard;

      Thence in a northwesterly direction along the southwest line of Lemmon Avenue to a point in a line, said line being 25 feet northwest of and parallel to the northwest line of Hood Street;

      Thence in a southwesterly direction along said line, crossing Rawlins Street and Hall Street, to a point in a line, said line being 25 feet southwest of and parallel to the southwest line of Hall Street;

      Thence in a southeasterly direction along said line, crossing Hood Street and Sale Street, to a point in a line, said line being 75 feet northwest of and parallel to the northwest line of Turtle Creek Boulevard;

      Thence in a southwesterly direction along said line, crossing Cedar Springs Road (when Cedar Springs is positioned in a northwest-southeast direction) and continuing along a line 75 feet northwest of and parallel to the northwest line of Cedar Springs Road (when Cedar Springs is positioned in a northeast-southwest direction), crossing Dickason Avenue and Gillespie Avenue to a point in the southwest line of Gillespie Avenue, said point being 75 feet northwest of the intersection of the southwest line of Gillespie Avenue and the northwest line of Turtle Creek Drive;

      Thence in a southwesterly direction from said point along a line 75 feet northwest of and parallel to the northwest line of Turtle Creek Drive, crossing Fairmount Avenue, to a point in a line, said line being 25 feet northeast of and parallel to the northeast line of Maple Avenue;

      Thence in a northwesterly direction along said line to a point in the southeast line of Hood Street;

      Thence in a southwesterly direction along the southeast line of Hood Street extended to the centerline of Maple Avenue;

      Thence in a southeasterly direction along the centerline of Maple Avenue to a point in the northwest right-of-way line of the M.K.&T. Railroad;

      Thence in a northeasterly direction along said railroad right-of-way line, crossing Fairmount Avenue, Cedar Springs Road, Bowen Street, Hall Street, Lemmon Avenue, Lemmon Avenue East, and Blackburn Street to a point in the northeast line of Blackburn Street;

      Thence in a northwesterly direction along the northeast line of Blackburn Street to a point in a line, said line being 75 feet southeast of and parallel to the centerline of Turtle Creek;

      Thence in an easterly and northerly direction along said line to a point in the Dallas/Highland Park City Limit Line;

      Thence in a westerly and northerly direction along said city limit line to the place of beginning.

   (b)   No off-street vehicular surface parking shall be constructed closer than 50 feet from the right-of-way line of Turtle Creek Boulevard, Turtle Creek Drive, and Cedar Springs Road (when Cedar Springs Road is positioned in a northeast-southwest direction), or closer than 50 feet from the centerline of Turtle Creek. No building permit for any proposed subsurface parking facility shall be issued by the Building Inspector unless a surface landscape plan for such lot or tract has been approved by the Park and Recreation Board of the City.

   (c)   Except as provided in Subsections (d), (e), and (f) of this Section, no structure shall be constructed closer to the right-of-way lines of Turtle Creek Boulevard, Turtle Creek Drive, and Cedar Springs Road (when Cedar Springs Road is positioned in a northeast-southwest direction), than as specified below:

Stories	Height (feet)	Setback (feet)
1	12	25
2	24	36
3	36	44
4	48	50
5	60	55
6	72	59
7	84	62
8	96	65
9	108	67
10	120	68
11	132	69
12	144	70
13	156	71
14	168	72
15	180	72
16	192	73
17	204	73
18	216	74
19	228	74
20	240	75

 

For those properties lying between the M.K.&T. Railroad right-of-way and Turtle Creek, such setback shall be measured from the centerline of Turtle Creek.

   (d)   At the intersections of Turtle Creek Boulevard with Blackburn Street, with Lemmon Avenue, with Hall Street, and with Cedar Springs Road, and the intersection of Turtle Creek Drive with Gillespie Street, no structure shall be constructed closer to such intersection than an imaginary line formed between points on each curb line 100 feet from such intersection.

   (e)   On those lots or tracts which face Lee Park or Reverchon Park across a public right-of-way, no structure or surface parking shall be constructed closer to the front property line than 25 feet.

   (f)   The minimum setback for any building or other structure may be decreased by transfer to such lot of an allowable setback which is unused upon a contiguous lot which is located within the corridor. Such transferred rights may be used at a ratio of two feet acquired for every one foot used. No transfer of additional setback shall be effective unless an instrument, in a form approved by the City Attorney, has been executed by the parties concerned and recorded in the Deed Records of Dallas County, Texas, serving as a notice of the restrictions under this section applying both to the contiguous lot and the transferee lot. Such document shall specify:

      (1)   the amount of setback to be transferred, the decreased minimum setback permitted on the transferee lot by virtue of the transfer, and the increased minimum setback on the contiguous lot;

      (2)   the duration of the transfer, which shall be specified to be not less than the actual lifetime of any building on the transferee lot whose construction is made possible, in whole or in part, by the transfer;

      (3)   the effect of any subsequent changes in the setback requirement under this section for both lots; and

      (4)   the effect of any subsequent change in the size of either lot, whether by virtue of conveyance, condemnation, or otherwise, upon the setback for both lots.

In no case shall the setback of the transferee lot be less than that minimum specified below:

Stories	Height (feet)	Minimum Setback (feet)
1	12	25
2	24	27
3	36	29
4	48	32
5	60	35
6	72	38
7	84	41
8	96	44
9	108	47
10	120	50
11	132	53
12	144	56
13	156	58
14	168	60
15	180	62
16	192	64
17	204	66
18	216	68
19	228	70
20	240	75

 

   (g)   Any property owner within the corridor may on his own initiative, offer to the city, subject to Park and Recreation Board approval, a dedication in fee simple or for park purposes any area of land fronting on any public street within the corridor as permanent open space. Upon dedication of such property, the Tax Assessor shall reassess the remaining area to reflect such dedication prior to the next assessment ordinance, and the city shall maintain such property so dedicated with normal landscape standards. The owner may, in lieu of such dedication, grant to the city a landscape easement on any area of land fronting on any public street in the corridor. The city shall, upon approval of a landscape plan for such easement by the Park and Recreation Board, to be carried out by the property owner, either maintain the same or arrange for its maintenance, and the Tax Assessor shall make such tax reassessments as the facts justify. Any property dedicated or granted for a landscape easement shall be considered in computing floor-area ratio, coverage, and density. (Ord. Nos. 26026; 26248)