ARTICLE 834. PD 834. PD 834 was established by Ordinance No , passed by the Dallas City Council on December 8, (Ord.

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1 ARTICLE 834. PD 834. SEC. 51P LEGISLATIVE HISTORY. PD 834 was established by Ordinance No , passed by the Dallas City Council on December 8, (Ord ) SEC. 51P PROPERTY LOCATION AND SIZE. PD 834 is established on property located east of Central Expressway, west of the DART rail line, and north of Twin Sixties Drive. The size of PD 834 is approximately acres. (Ord ) SEC. 51P DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this district: (1) DEVELOPMENT AGREEMENT means the mixed-use development agreement recorded at Volume 99138, Page 593 of the Deed Records of Dallas County, Texas. (2) HOTEL PROPERTY means Lot 1D in City Block 1/5185, more commonly known as 6070 North Central Expressway. (3) TANDEM PARKING means one parking space in front of another parking space, making it necessary to pass through one parking space to gain vehicular access to the other parking space. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) This district is considered to be a nonresidential zoning district. (Ord ) SEC. 51P DEVELOPMENT AGREEMENT AND UNITY AGREEMENT. (a) Development agreement. (1) As of December 8, 2010, the Property is subject to a development agreement which allows the Property, in combination with the hotel property, to qualify as a

2 mixed-use project under Section 51A The development agreement treats the Property and the hotel property as one building site for purposes of the off-street parking and loading regulations and the yard, lot, and space regulations. (2) Unless the development agreement is terminated, the building official may not issue a building permit to authorize work on the Property until the development agreement is amended to provide the required unified development plan reflecting the existing conditions. (3) Any amendment to the development agreement must include a parking analysis that shows compliance with the minimum parking requirements. (b) Unity agreement. As of December 8, 2010, the Property is subject to a unity agreement with the hotel property, recorded at Volume 99138, Page 533 of the Deed Records of Dallas County, Texas, to allow compliance with the Dallas Building Code. (Ord ) SEC. 51P EXHIBITS. The following exhibits are incorporated into this article: (1) Exhibit 834A: conceptual plan. (2) Exhibit 834B: development plan for Zones 1, 2, and 4. (3) Exhibit 834C: development plan for Zone 3. (4) Exhibit 834D: master parking tabulation chart as of June 27, (See the building official for the most recently approved master parking tabulation chart.) (Ord. Nos ; 30909) SEC. 51P CREATION OF ZONES. (a) This district is divided into four zones: Zones 1, 2, 3, and 4 as shown on the conceptual plan (Exhibit 834A). (b) The zones may, but are not required to, correspond to platted lot lines. (c) Structures must conform to the yard, lot, and space regulations for the respective zone. (Ord )

3 SEC. 51P CONCEPTUAL PLAN. Except as provided in Section 51P , development and use of the Property must comply with the conceptual plan (Exhibit 834A). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls. (Ord ) SEC. 51P DEVELOPMENT PLAN. (a) Zones 1, 2, and 4. Development and use of the Property must comply with the development plan for Zones 1, 2, and 4 (Exhibit 834B). If there is a conflict between the text of this article and the development plan for Zones 1, 2, and 4, the text of this article controls. (b) Zone 3. Development and use of the Property must comply with the development plan for Zone 3 (Exhibit 834C). If there is a conflict between the text of this article and the development plan for Zone 3, the text of this article controls. (Ord. Nos ; 30909) SEC. 51P MAIN USES PERMITTED. The following uses are the only main uses permitted: (1) Agricultural uses. None permitted. (2) Commercial and business service uses. -- Catering service. -- Custom business services. -- Electronics service center. -- Labor hall. [SUP] -- Medical or scientific laboratory. -- Technical school. -- Tool or equipment rental. (3) Industrial uses. -- Temporary concrete or asphalt batching plant. [By special authorization of the building official.] (4) Institutional and community service uses. -- Adult day care facility. -- Child-care facility. -- Church.

4 -- College, university, or seminary. -- Community service center. [SUP] -- Convalescent and nursing homes, hospice care, and related institutions. -- Convent or monastery. -- Foster home. -- Hospital. -- Library, art gallery, or museum. -- Open-enrollment charter school. [SUP] -- Public or private school other than an open-enrollment charter school. (5) Lodging uses. -- Extended stay hotel or motel. -- Hotel or motel. (6) Miscellaneous uses. -- Temporary construction or sales office. (7) Office uses. -- Financial institution without drive-in window. -- Financial institution with drive-in widow. [DIR] -- Medical clinic or ambulatory surgical center. -- Office. (8) Recreation uses. -- Country club with private membership. -- Private recreation center, club, or area. -- Public park, playground, or golf course. (9) Residential uses. -- College dormitory, fraternity, or sorority house. -- Duplex. -- Group residential facility. [SUP required if spacing component of Section 51A-4.209(b)(3) is not met.] -- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(b)(3.1) is not met.] -- Multifamily. -- Residential hotel. -- Retirement housing. -- Single family.

5 (10) Retail and personal service uses. -- Alcoholic beverage establishments. [See Section 51A-4.210(b)(4).] -- Animal shelter or clinic without outside runs. -- Business school. -- Commercial parking lot or garage. -- Dry cleaning or laundry store. -- Furniture store. -- General merchandise or food store 3,500 square feet or less. -- General merchandise or food store greater than 3,500 square feet. -- Household equipment and appliance repair. -- Liquor store. -- Mortuary, funeral home, or commercial wedding chapel. -- Motor vehicle fueling station. -- Nursery, garden shop, or plant sales. -- Personal service uses. -- Restaurant without drive-in or drive-through service. -- Restaurant with drive-in or drive-through service. [DIR] -- Temporary retail use. -- Theater. (11) Transportation uses. -- Helistop. [SUP] -- Private street or alley. -- Railroad passenger station. [SUP] -- Transit passenger shelter. -- Transit passenger station or transfer center. [By SUP or city council resolution. See Section 51A ] (12) Utility and public service uses. -- Commercial radio or television transmitting station. -- Electrical substation. -- Local utilities. -- Police or fire station. -- Post office. -- Radio, television, or microwave tower. [SUP] -- Tower/antenna for cellular communication. [See Section 51A (10.1). Treat as if in an MU-3 Mixed Use District.] -- Utility or government installation other than listed. [SUP] (13) Wholesale, distribution, and storage uses. -- Mini-warehouse. [SUP] -- Office showroom/warehouse.

6 -- Recycling buy-back center. [SUP or RAR may be required. See Section 51A-4.213(11). Treat as if in an MU-3 Mixed Use District.] -- Recycling collection center. [SUP or RAR may be required. See Section 51A-4.213(11.1). Treat as if in an MU-3 Mixed Use District.] -- Recycling drop-off container. [SUP required if the requirements of Section 51A-4.213(11.2)(E) are not satisfied.] -- Recycling drop-off for special occasion collection. [SUP required if the requirements of Section 51A-4.213(11.3)(E) are not satisfied.] -- Trade center. (Ord. Nos ; 30909) SEC. 51P ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A For more information regarding accessory uses, consult Section 51A (b) The following accessory use is not permitted: -- Private stable. (c) (Ord ) The following accessory uses are permitted by SUP only: -- Accessory medical/infectious waste incinerator. -- Accessory pathological waste incinerator. SEC. 51P 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 in Division 51A If there is a conflict between this section and Division 51A-4.400, this section controls.) (a) In general. Except as provided in this section, the yard, lot, and space regulations for the MU-3 Mixed Use District apply. (b) Development agreement. Unless the development agreement is terminated, development rights under the yard, lot, and space regulations are determined by combining the Property with the hotel property and treating them as a single building site in accordance with Section 51A The specific yard, lot, and space requirements for the Property are contained

7 in this section. The specific yard, lot, and space requirements for the hotel property are determined by its zoning classification. (c) Front yard. A 15-foot front yard setback is required for any portion of a structure above 45 feet in height, otherwise, no minimum front yard. (d) Side and rear yard. (1) No minimum side and rear yard. (2) Tower spacing does not apply. (e) (f) (g) Floor area. Maximum floor area is 1,502,424 square feet. Floor area ratio. No maximum floor area ratio. Height. (1) In Zones 1 and 4, maximum structure height is 300 feet. (2) In Zones 2 and 3, maximum structure height is 125 feet. (h) Stories. (1) In Zones 1 and 4, maximum number of stories above grade is 30. (2) In Zones 2 and 3, maximum number of stories above grade is eight. (Ord. Nos ; 30909) SEC. 51P OFF-STREET PARKING AND LOADING. (a) In general. Except as provided in this section, consult the use regulations in Division 51A for the specific off-street parking and loading requirements for each use. (b) Development agreement. Unless the development agreement is terminated, the off-street parking and loading requirements are determined by combining the Property with the hotel property and treating them as a single building site in accordance with Section 51A The specific parking requirements for the Property are contained in this section. The specific parking requirements for the hotel property are determined by its zoning classification. (c) are required. Medical or scientific laboratory. Two spaces per 1,000 square feet of floor area (d) College, university, or seminary and technical school. One space per 40 square feet of classroom floor area is required.

8 (e) (f) Hospital. Three-quarters of one space per bed are required. Multifamily. One and one-quarter space per dwelling unit is required. (g) Lodging uses. Three-quarters of one space per guest room for guest rooms 1 to 250, one-half space per guest room for guest rooms 251 or greater, plus one space per 1,000 square feet of meeting room floor area are required. (h) Office uses. Two spaces per 1,000 square feet of floor area are required. (i) Retail and personal service uses. Two and one-half spaces per 1,000 square feet of floor area are required. (j) Screening of off-street loading spaces and service areas. (1) Off-street loading spaces and service areas must be screened from all public streets and from all adjoining property whether abutting or directly across a street or alley. (2) Screening must be at least nine feet in height measured from a horizontal plane passing through the nearest point of the off-street loading space. Screening may be provided by any of the methods for providing screening described in Section 51A-4.602(b)(3) or by a rolling, solid, or metal door, except that screening around service areas for trash collection must be screened by a masonry wall. (k) (l) (m) Parking structures. Below-grade parking structures may project to the lot line. Tandem parking. Tandem parking is permitted for all residential uses. Fees. (1) Except as provided in this subsection, the Property owner may charge occupants or customers of the use a fee on a daily, hourly, or other basis for the use of required off-street parking. (2) The Property owner may not charge fees for parking spaces provided to the hotel property under the development agreement. (n) Location of parking. (1) The entire district is considered one lot for the purposes of parking nonresidential uses. (2) Required parking for residential uses must be located on the same lot as the residential use. If there is a conflict between this paragraph and the development agreement, this paragraph controls.

9 (3) Required parking may cross zone lines. (o) Master parking tabulation chart. (1) Purpose. The master parking tabulation chart (Exhibit 834D) identifies the locations of all off-street parking, determines the amount of required off-street parking, identifies any available off-street parking, and ensures that each use within the district and each use on the hotel property meets the off-street parking requirements. (2) Requirements. (A) To maintain adequate required off-street parking for all uses within this district and on the hotel property, an updated master parking tabulation chart must be submitted to and approved by the building official if: (i) a development plan or minor amendment to a development plan is approved by city plan commission; (ii) (iii) (iv) (v) required off-street parking spaces are relocated; special parking spaces are added or removed; the development agreement is amended or terminated; or there is a change in uses. (B) A master parking tabulation chart must include: deleted, or relocated; deleted, or relocated; and (i) (ii) (iii) (iv) the number of existing required off-street parking spaces; the number of required off-street parking spaces added, the location of required off-street parking spaces added, the number and location of all special parking spaces. (C) The building official shall maintain a copy of each approved master parking tabulation chart. (D) The Property owner must deliver a copy of each approved master parking tabulation chart to the director within five days after the building official s approval. (Ord. Nos ; 30909)

10 SEC. 51P ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. (Ord ) SEC. 51P LANDSCAPING. (a) Landscaping must be provided in accordance with Article X. (b) Plant materials must be maintained in a healthy, growing condition. (Ord ) SEC. 51P SIGNS. (a) Except as provided in this section, signs must comply with the provisions for business zoning districts in Article VII. (b) The entire district is considered one premise. (Ord ) SEC. 51P SIDEWALKS. (a) Sidewalks must be provided in the locations shown on the conceptual plan unless there is a conflict due to landscaping or utilities. In the event of a conflict due to landscaping or utilities, the sidewalks may be relocated up to six feet from the locations shown on the conceptual plan without modifying the conceptual plan. (b) The board shall not grant a variance to the sidewalk requirements. (c) Sidewalk waivers are prohibited. (Ord ) SEC. 51P ADDITIONAL PROVISIONS. (a) An evaluation of the Katy Trail crosswalk volumes and safety improvements is required at the earlier of: (1) one year after the issuance of a final certificate occupancy for a cumulative total of 580,992 square feet of residential construction within Zone 1 and Zone 4; or (2) 80 percent occupancy of the buildings shown in Zone 1 and Zone 4 on the development plan for Zones 1, 2, and 4. (b) appearance. The Property must be properly maintained in a state of good repair and neat

11 (c) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (Ord. Nos ; 30909) SEC. 51P COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. (Ord )