11-11-13 ORDINANCE NO. 2 9202 An ordinance changing the zoning classification on the following property: BEING Lot IA in City Block B11524: located along the northeast line of Fitzhugh Avenue, between Cole Avenue and McKinney Avenue; and containing approximately 1.8 acres, from a GR General Retail Subdistrict and an 0-2 Office Subdistrict within Planned Development District No. 193 (the Oak Lawn Special Purpose District) to Planned Development Subdistrict No. 100 within Planned Development District No. 193; amending Part II, PD Subdistrict Regulations. of Article 193. PD 193, of Chapter 5 1P, Dallas Development Code: Planned Development District Regulations, of the Dallas City Code by creating a new Division S-l00; establishing use regulations and development standards for this planned development subdistrict; providing a penalty not to exceed S2,000: 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 the rezoning of the property described in this ordinance: and WHEREAS the cbs council finds that it is m the nnbic interest to establish this planned development subdistrict; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. 29202 That the zoning classification is changed from a GR General Retail Subdistrict and an 0-2 Office Subdistrict within Planned Development District No. 193 to Planned Development Subdistrict No. 100 within Planned Development District No. 193 on the following property ( the Property ): BEING Lot 1A in City Block B11524; located along the northeast line of Pitzhugh Avenue, between Cole Avenue and McKinney Avenue; and containing approximately 1.8 acres. SECTION 2. That Part II, PD Subdistrict Regulations, of Article 193, PD 193, of Chapter 51P, Dallas Development Code: Planned Development District Regulations, of the Dallas City Code is amended by adding a new Division 5-100 to read as follows: Division S-100. PD SubdistrIct 100. SEC S-100.101. LEGISLATIVE HISTORY. PD Subdistrict 100 was established by Ordinance No. Council on November 12, 2013., passed by the Dallas City SEC. S-100.102. PROPERTY LOCATION AND SIZE. PD Subdistrict 100 is established on property generally located along the northeast line of Fitzhugh Avenue, between Cole Avenue and McKinney Avenue. The size of PD Subdistrict 100 is 1.8 acres. SEC S-100.103. DEFINITIONS AND INTERPRETATIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51 and Part I of this article apply to this division, If there is a conflict, this division controls. If there is a conflict between Chapter 51 and Part I of this article, Part I of this article controls. (b) In this division: (1) EXTERIOR PARKING STRUCTURE FACADE means any facade on an aboveground parking structure that is visible from a public right-of-way. 7123-2A5 RTfliPfl 191 Subdisn-ivN Offi - Page 2 ALTERNATE
-- Dance -- Private ui 29202 (2) RESTRICTED AREA means the northern portion of the site identified on the development plan that prohibits certain uses as well as provides for certain yard, lot, and space regulations. (3) SUBDISTRICT means a subdistrict of PD 193. (c) Unless otherwise stated, all references to articles, divisions, or sections in this division are to articles, divisions, or sections in Chapter 51. (d) This subdistrict is considered to be a nonresidential zoning district. SEC. S-100.104. EXHIBITS. The following exhibits are incorporated into this division: (I) Exhibit S-I OOA: development plan. (2) Exhibit S-IOOB: landscape plan. SEC. S-100.105. DEVELOPMENT PLAN. Development and use of the Property must comply with the development plan (Exhibit S boa). If there is a conflict between the text of this division and the development plan. the text of this division controls. SEC. S-100.106. MAIN USES PERMITTED, (a) The only main uses permitted in this subdistrict are those main uses permitted in the GR General Retail Subdistrict, subject to the same conditions applicable in the GR General Retail Subdistrict, as set out in Part I of this article, For example. a use permitted in the GR General Retail Subdistrict only by specific use permit (SUP) is permitted in this subdistrict only by SUP; a use subject to development impact review (DIR) in the GR General Retail Subdistrict 1 U IJH\ 9 1,. il Bar and restaurant uses. -- Bar, lounge, or tavern. hail. club.
-- Medical or scientific laboratory. (3) Medical uses. - Halfway house. provided equal to o.ne foot for each foot of structure height greater than 36 fe.et, up to a maximum total setback of 50 feet. (2) For the restricted area. an additional side and rear yard setback must he total setback of 50 feet. equal to one-half foot for each foot of structure height greater than 36 feet, up to a maximum (I) For the restricted area, an additional front yard setback must be provided front, side, and rear setback is te.n feet. -- Overnight -- Commercial -- Sewage is permitted. Some specific accessory uses, however, due to their unique nature, are subject to (a> Frome and rear yards. Except as provided in this subparagraph. minimum yard, lot, and space regulations in Part I of this article. If there is a conflict between this section and Part I of this article, this section controis (Note: The yard, lot, and space regulations in this section must be read together with the SEC. S-100.108. YARD, LOT, AND SPACE REGULATIONS. consult Section 51P-193.108. diitional igularion in Section SiP- i9 1 Qo Fo mere intot matio leg II d ng icceso uses As a general rule, an accessory use is permitted in any subdistrict in which the main use SEC. S400.107. ACCESSORY USES. treatment plant. radio or television transmitting station. (6) itandserviceuses. general purpose shelter. (5) Residential uses. -- Service station. (4) Motor vehicle related uses. (2) Community service uses. 29202
29202 (3) Setback regulations in Sections 51P-193.1l8(c) and 5lP-193.119(c)(1) do not apply to this division. (4) A maximum six-foot-high fence at the northeast corner of the Property, located as shown on the development plan, may he located within the front yard along McKinney Avenue. the front yard. (5) Retaining walls up to a maximum of six feet in height may be located in (6) Balconies may encroach into a front yard a maximum of five feet, for a maximum total length of 140 linear feet, if they are a minimum 15 feet above the sidewalk. (7) Balconies may encroach into a side yard a maximum of five feet, for a maximum total length of 15 linear feet, if they are a minimum 15 feet above the sidewalk. (b) Density. Maximum dwelling unit density is 190. (c) Floor area ratio. (1) Except as provided in this subsection, maximum floor area ratio is 2.75:1. (2) Maximum floor area ratio for the restricted area is 2: 1 (d) Height. feet. (1) Except as provided in this subsection, maximum structure height is $5 (2) Maximum structure height in the restricted area is 42 feet as measured from grade to the highest point of the structure. (3) The following structures may project a maximum of 12 feet above the maximum height and may not exceed 15 percent of the rooftop surface area: A (B) (C) (D) Elevator penthouse or bulkhead. Mechanical eauipment room. Cooling tower. Tank designed to hold liquids. E) Ornamental cupola or dome.
(F) Skylights. 29202 (U) Clerestory. (H) Visual screens which surround roof mounted equipment. (1) Chimney and vent stacks. (J) (K) Amateur communications tower. Parapet wall limited to a height of four feet. (e) Lot coverage. Maximum lot coverage is 75 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (f) (g) Lot area. No minimum lot area. Stories. No maximum number of stories. SEC. S-100J09. OFF-STREET PARKING AND LOADING. (a) igenetl. Except as provided in this section, consult Part I of this article for the specific offstreet parking and loading requirements for each use. (b) fiolprkstrucwreacade, (I) Exterior parking structure facades must be similar in materials, architecture, and appearance to the facade of the main structure. (2) Openings in an exterior parking structure facade may not exceed 50 percent of the total exterior parking structure facade area. Openings must be screened with architectural grill work or other decorative visual screening materials that provide ventilation, (3) Exterior parking structure facades must provide solid sc.reening a minimu.m 42.inches from the floor level. within the parking structure to screen ve.hicles and vehicle headlights. SEC. S1OOJiO. ENViRONMENTAL PERFORMANCE STANDARDS. See Article VI.
SEC. S-lOO.111. LANDSCAPING. 29202 Landscaping must be provided as shown on the landscape plan (Exhibit S-100B). SEC. 5-100.112. OPEN SPACE. (a) Property. jgçral. All open space may be for the exclusive use of the occupants of the (b) At-grade open space. (1) A minimum of 7,000 square feet of at-grade open space must he provided in the location shown on the development plan. (2) At-grade open space must he primarily open to the sky, but structures that are not fully enclosed, such as colonnades, pergolas, and gazebos, are allowed. (c) provided. Above-grade open space. (1) A minimum of 7,350 square feet of above-grade open space must be (2) Above-grade open space may be an outside roof deck, rooftop garden. rooftop pool area, or similar type of outside common area. (d) Private open space. For each dwelling unit within the restricted area. at least 240 square feet of private open space must he provided. SEC. S-100.113. URBAN DESIGN STANDARDS. (a) A minimum five-foot-wide sidewalk with a minimum five-foot tree planting zone between the back of curb and the sidewalk must be provided. tb) A minimum of en 0 of each of the foilowine pedestrian amenities IHust be pros med alone street frontaces for each 300 linear feet of street frontage or fraction thereof: I) Benches. (2) Trash receptacles. (3) Bicycle racks (at least one of the two required bicycle racks must be able to park a minimum of five bicycles).
(c) Facades. 2 920 2 (1) Street-facing facades must have building articulation with a minimum depth of one foot for every 75 feet of length. (2) A minimum of two different facade materials must be provided on each street-facing facade. exclusive of fenestration. (d) Architectural elements. One of the following architectural elements must be provided at all public entry points: (1) Architecturally prominent public entrances. (2) Canopies. (3) Awnings. (4) Attached towers. (5) Turrets. (6) Any other similar architectural element approved by the building official. SEC. S400.114. ADDITIONAL PROVISIONS. (a) Any portion of a balcony or open seating area on the northernmost structures in the restricted area that face north and that is higher than 36 feet above grade is prohibited. (b) Except in the restricted area as shown on the development plan, balconies on the northern facade of all buildings must have a solid guardrail on the northern portion of the balcony. (c) The Property must he properly maintained in a state of good repair and neat (d) Development and use of the Property.must comply with a.i.i federal and state laws an.d regulations, and with all ordinances, rules, and regulations of the city. (e) Development and use of the Property must comply with Part I of this article.
29202 SEC. 5-100.115. COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, constructed in accordance with standard city specifications, and completed to the satisfaction the city. if any, must be (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, in this subdistrict until there has been full compliance with this division, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. of SECTION 3. That, pursuant to Section Code, as amended, the property description in Section 1 5lA4.701 of Chapter including the area to the centerline of all adjacent streets and alleys. versions SECTION 4. That development of of Exhibits S-lOOA (development plan) and of 5lA of the Dallas City this orrlinrnice shall be construed as this subdistrict must comply with the full-scale S-bOB (landscape plan) attached to this ordinance. Reduced-sized versions of these plans shall be provided in Chapter 51P. Permits shall be issued based on information provided on the full-scale versions of the plans. SECTIONS. That the city attorney is authorized to insert the enrolled number of this ordinance in the legislative history section of Division 5-100 in Chapter SIP. SECTION 6. That a person who violates a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 7. That the zoning ordinances of the City of Dallas and Chapter 51P of the Dallas City Code, as amendecl shall remain in full force and effect, save and except as amended by this ordinance. SECTION 8. 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. 7 23-265(RBXPt) 193 Subdistrict No. 100). Page 9 AI.TERNATE
SECTION 9. 29202 That this ordinance shall take effect immediately from and after its passage and publication, in accordance with the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: WARREN M.S. ERNST, City Attorney By Assistant City Attorney Passed
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