ARTICLE 849. PD 849. SEC. 51P-849.101. LEGISLATIVE HISTORY. PD 849 was established by Ordinance No. 28208, passed by the Dallas City Council on May 25, 2011. (Ord. Nos. 28208; 29316) SEC. 51P-849.102. PROPERTY LOCATION AND SIZE. PD 849 is established on property generally bounded by Bertrand Avenue, Imperial Street, Montie Street, Lagow Street, Hatcher Street, and Scyene Road. The size of PD 849 is approximately 7.29 acres. (Ord. Nos. 28208; 29316) SEC. 51P-849.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this district: (1) MASSAGE ESTABLISHMENT and MASSAGE mean a massage establishment or massage as defined by Chapter 455 of the Texas Occupations Code, as amended. (2) OPEN SPACE means an area that is accessible to all occupants of the Property, unobstructed to the sky, and contains no structures except for street furniture and pedestrian amenities. An off-street parking space is not considered open space. (3) TATTOO OR BODY PIERCING STUDIO means a business in which tattooing or body piercing is performed. TATTOOING means the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. BODY PIERCING means the piercing of body parts, other than ears, for purposes of allowing the insertion of jewelry. (4) TEMPORARY OFFICE means an office facility used temporarily for an office while the building for the permanent office use is under construction. (5) TOBACCO SHOP means a retail store principally for the sale of cigars, cigarettes, pipes, tobacco, and other related items. (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 residential zoning district. (Ord. Nos. 28208; 29316)
SEC. 51P-849.103.1. CREATION OF TRACTS. This district is divided into two tracts: Tract 1 and Tract 2, as shown on the conceptual plan (Exhibit 849A). (Ord. 29316) SEC. 51P-849.104. EXHIBITS. The following exhibits are incorporated into this article: (1) Exhibit 849A: conceptual plan. (2) Exhibit 849B: Tract 1 development plan. (3) Exhibit 849C: Tract 1 landscape plan. (Ord. Nos. 28208; 29316) SEC. 51P-849.105. CONCEPTUAL PLAN. (a) Development and use of the Property must comply with the conceptual plan (Exhibit 849A). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls. (b) The number and location of the ingress/egress points shown on the conceptual plan are approximate, but the number of ingress/egress points for each street frontage may not be increased. The final location of all ingress/egress points must be shown on a development plan approved by the city plan commission. (Ord. Nos. 28208; 29316) SEC. 51P-849.106. DEVELOPMENT PLAN. (a) In general. (1) Except as provided in this section, a development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this district. If there is a conflict between the text of this article and the development plan, the text of this article controls. (2) The provision of Section 51A-4.702 regarding the submission of a development plan within six months after approval of this district by the city council does not apply. (b) Tract 1. Development and use of the Property must comply with the Tract 1 development plan (Exhibit 849B). If there is a conflict between the text of this article and the Tract 1 development plan, the text of this article controls. (c) Tract 2. For a temporary office, no development plan is required, and the provisions of Section 51A-4.702 regarding submission of or amendments to a development plan, site analysis plan, conceptual plan, and development schedule do not apply. (Ord. Nos. 28208; 29316)
SEC. 51P-849.107. MAIN USES PERMITTED. (a) Except as provided in this section, the only main uses permitted are those main uses permitted in the CR Community Retail District, subject to the same conditions applicable in the CR Community Retail District, as set out in Chapter 51A. For example, a use permitted in the CR Community Retail District only by specific use permit (SUP) is permitted in this district only by SUP; a use subject to development impact review (DIR) in the CR Community Retail District is subject to DIR in this district; etc. (b) The following additional uses are permitted by right: -- Community service center. -- Temporary office (c) The following main uses are prohibited: -- Alternative financial establishment. -- Auto service center. -- Liquor store. -- Motor vehicle fueling station. -- Personal service uses limited to a massage establishment and tattoo or body piercing studio. -- Pawn shop. -- Tobacco shop. (Ord. Nos. 28208; 29316) SEC. 51P-849.108. ACCESSORY USES. 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-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (Ord. Nos. 28208; 29316) SEC. 51P-849.109. 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 in Division 51A-4.400. If there is a conflict between this section and Division 51A-4.400, this section controls.) (a) Front yard. (1) Tract 1. Except as provided in this subsection, minimum front yard is 15 feet. The screening wall along Hatcher Street may encroach five feet into the front yard. (2) Tract 2. Minimum front yard is 15 feet. Maximum front yard is 30 feet. (b) Side and rear yard. No minimum side or rear yard is required.
(c) Density. No maximum dwelling unit density. (d) Floor area. (1) Tract 1. Maximum floor area is 45,000 square feet. (2) Tract 2. Maximum floor area is 48,000 square feet. (e) Height. (1) Tract 1. Maximum structure height is 35 feet. (2) Tract 2. Maximum structure height is 36 feet. (f) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (g) (h) Lot size. No minimum lot size is required. Stories. (1) Tract 1. Maximum number of stories above grade is one. 28208; 29316) (2) Tract 2. Maximum number of stories above grade is three. (Ord. Nos. SEC. 51P-849.110. OFF-STREET PARKING AND LOADING. (a) Except as provided in this section, consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. (b) (c) (d) (e) Required parking may be located within the front yard. For a temporary office use, one space is required per 333 square feet of floor area. The entire district is considered one lot for parking purposes. The maximum height for light fixtures is 18 feet, measured to the top of the fixture. (f) In Tract 2, for deliveries, trash pick-up, and service areas, vehicular access is prohibited along Bertrand Avenue and Imperial Street. Loading areas, trash receptacles, and garbage storage areas must be screened on any side visible from Bertrand Avenue and Imperial Street. (Ord. Nos. 28208; 29316)
SEC. 51P-849.111. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. (Ord. Nos. 28208; 29316) SEC. 51P-849.112. LANDSCAPING. (a) Tract 1. Landscaping must be provided as shown on the Tract 1 landscape plan (Exhibit 849C). If there is a conflict between the text of this article and the Tract 1 landscape plan, the text of this article controls. (b) Tract 2. Except as provided in this subsection, landscaping for Tract 2 must be provided in accordance with Article X. (1) A landscape plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this district. (2) A minimum of 2,000 square feet of open space must be provided on the Property between Scyene Road and Bertrand Avenue and must contain: (A) (B) (C) (D) Benches or seat walls to accommodate a minimum of six people. A minimum of one trash receptacle. Enhanced paving, wherever paving is provided. Pedestrian scaled lighting. (3) A minimum of 1,500 square feet of land area must be provided for landscape materials between Bertrand Avenue and Imperial Street and must contain: shrubs. (A) (B) At least one large canopy tree, one small tree, and two large evergreen At least 200 square feet of enhanced pavement. (C) Groundcover or turf that covers the entire area exclusive of the enhanced pavement area, trees, and shrubs. (c) Maintenance. Plant material must be maintained in a healthy, growing condition. (Ord. Nos. 28208; 29316) SEC. 51P-849.113. SIGNS. Signs must comply with the provisions for business zoning districts in Article VII. (Ord. Nos. 28208; 29316)
SEC. 51P-849.114. ADDITIONAL PROVISIONS. (a) The Property must be properly maintained in a state of good repair and neat appearance. (b) 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. 28208; 29316) SEC. 51P-849.115. 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 city. (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. Nos. 28208; 29316)