27573citysecretary.dallascityhall.com/resolutions/2009/06-24...2009/06/24 · pd subdistrict 86 is...

ORDNANCE NO. 27573 An ordinance correcting CHAPTER 5 1 P, "DALLAS DEVELOPMENT CODE: PLANNED

DEVELOPMENT DISTRICT REGULATIONS," of the Dallas City Code, as amended, by

correcting typographc and non-substantive errors and clarifying intent in the Article 193 use

charts and yard, lot, and space charts, Division S-5 1 of Article 193, Division S-64 of Article 193,

Division S-86 of Article 193, Article 298, Article 317, Article 486, and Article 712; providing a

saving clause; providing a severability clause; and providing an effective date.

WHEREAS, the city council finds that it is in the public interest to correct Chapter 5 1P to

accurately reflect the intent of the city council; Now, Therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTION 1. That Article 193, "PD 193," of CHAPTER 5 1 P, "DALLAS

DEVELOPMENT CODE: PLANNED DEVELOPMENT DISTRICT REGULATIONS," of the

Dallas City Code, as amended, is corrected by replacing the Use Charts, Exhibit 193A, in that

article with those attached to this ordinance, whch have been amended to accurately reflect the

use regulations in Article 193.

SECTION 2. That Article 193, 'PD 193," of CHAPTER 51P, "DALLAS


Dallas City Code, as amended, is corrected by replacing the charts that comprise the schedule of

Yard, Lot, and Space regulations in Section 5 1P-193.125 with those attached to this ordinance,

which have been amended to accurately reflect the yard, lot and space regulations in Article 193.

SECTION 3. That Subsection (c) of Section S-5 1.1 10, "Landscaping," of Division S-5 1,

"PD Subdistrict 51 ," of Part 11, "PD Subdistrict Regulations," of Article 193, "PD 193," of

CHAPTER 5 1 P, "DPLLLAS DEVELOPMENT CODE: PLANNED DEVELOPMENT

5 1P correction - *,.

DISTRICT REGULATIONS," of the Dallas City Code, as amended, is corrected to read as

follows:

"(c) For a public school other than an open-enrollment charter school or office, two large trees must be provided along Gilbert [Z%esx&t] Avenue and one large tree per 25 feet of frontage, exclusive of visibility triangles, must be provided along Prescott [&430#] Avenue."

SECTION 4. That Paragraph (1) of Subsection (a), "Front Yard," of Section S-64.109,

"Yard, Lot, and Space Regulations," of Division S-64, "PD Subdistrict 64," of Part 11, "PD

Subdistrict Regulations," of Article 193, "PD 193," of CHAPTER 51P, "DALLAS


Dallas City Code, as amended, is corrected to read as follows:

"(1) Except as provided in this subsection, minimum front yard is 10 feet and [&I maximum front yard is 50 feet in the locations shown on the conceptual plan. Minimum front yard along Maple-Routh Connection within the 120:foot height zone is between 15 feet and 44 feet in the locations shown on the conceptual plan."

SECTION 5. That Paragraph (1) of Subsection (g), "Lot Coverage," of Section S-

64.109, "Yard, Lot, and Space Regulations," of Division S-64, "PD Subdistrict 64," of Part LI,

"PD Subdistrict Regulations," of Article 193, "PD 193," of CHAPTER 51P, "DALLAS



"(1) Except as provided in this subsection, [the] maximum lot coverage is 60 percent."

SECTION6. That Subsection (b) of Section S-64.110, "Off-street Parking and

Loading," of Division S-64, "PD Subdistrict 64," of Part 11, "PD Subdistrict Regulations," of

Article 193, "PD 193," of CHAPTER 51P, "DALLAS DEVELOPMENT CODE: PLANNED

DEVELOPMENT DISTRlCT REGULATIONS," of the Dallas City Code, as amended, is

corrected to read as follows:

"(b) Calculating varking requirements. For purposes of calculating off-street parking requirements, the Property is considered one lot."

5 1P correction -

SECTION 7. That Paragraph (2) of Subsection (d), "Parking Garage," of Section S-

64.1 1 O, "Off-street Parking and Loading," of Division S-64, "PD Subdistrict 64," of Part 11, "PD

Subdistrict Regulations," of Article 193, "PD 193," of CHAPTER 51P, "DALLAS



"(2) Openings in aboveground parlung structure, excluding garage entrances and exits, may not exceed 80 percent of the total parking structure faqade."

SECTION 8. That Paragraph (3), "Thomas Avenue Sidewalk," of Subsection (b),

"Sidewalks," of Section S-64.112, "Landscaping," of Division S-64, "PD Subdistrict 64," of Part

11, "PD Subdistrict Regulations," of Article 193, "PD 193," of CHAPTER 5 lP, "DALLAS



"(3) Thomas Avenue sidewalk. Along Thomas Avenue, a minimum eight- foot-wide sidewalk with a minimum of six[-]feet of unobstructed area must be provided."

SECTION 9. That Paragraph (2) of Subsection (c), "Planting areas," of Section S-

64.112, "Landscaping," of Division S-64, "PD Subdistrict 64," of Part 11, "PD Subdistrict

Regulations," of Article 193, "PD 193," of CHAPTER 51P, "DALLAS DEVELOPMENT

CODE: PLANNED DEVELOPMENT DISTRICT REGULATIONS," of the Dallas City Code,

as amended, is corrected to read as follows:

"(2) The design and placement of light fixtures must be approved by the director of public works and transportation. Each property owner is responsible for the cost of installation, operation, and maintenance of the lighting on his or her property or in the public right-of-way adjacent to that Ch] property."

SECTION 10. That Section S-86.115, "Zoning Map," of Division S-86, "PD Subdistrict

86," of Part 11, "PD Subdistrict Regulations," of Article 193, "PD 193," of CHAPTER 51P,

"DALLAS DEVELOPMENT CODE: PLANNED DEVELOPMENT DISTRICT

REGULATIONS," of the Dallas City Code, as amended, is corrected to read as follows:

5 1P correction -

"SEC. S-86.115. ZONING MAP.

PD Subdistrict 86 is located on Zoning Map No. 1-7,"

SECTION 11. That Section 51P-298.102, "Property Location and Size," of Article 298,

"PD 298," of CHAPTER 5 lP, "Dallas Development Code: Planned Development District

Regulations," of the Dallas City Code, as amended, is corrected to read as follows:

"SEC. 51P-298.102. PROPERTY LOCATION AND SIZE.

PD 298 is established on property generally bounded by North Central Expressway, Roseland Avenue and its northeastward prolongation, Fitzhugh Avenue, San Jacinto Street, Peak Street, Gaston Avenue, and Good-Latimer Expressway. The size of PD 298 [W] is approximately 45 5.04 acres."

SECTION 12. That Article 3 17, "PD 3 17," of CHAPTER 5 lP, "DALLAS


Dallas City Code, as amended, is corrected by re-labelling Exhibit 317C, "Land Use and

Development Standards Chart," as Exhbit 3 17D, and re-adopting "Development and Landscape

Plan for the Shelter Property" as Exhibit 3 17C. New Exhibits 3 17C and 3 17D are attached and

incorporated into Article 3 17.

SECTION 13. That Paragraph (3) of Subsection (a), "Conceptual Plan," of Section

51P-486.104, "Conceptual Plan and Development Plan," of Article 486, "PD 486," of

CHAPTER 51P, "DALLAS DEVELOPMENT CODE: PLANNED DEVELOPMENT


follows:

"(3) Ingress[es] and egress[es] points must[&] be provided as shown on the conceptual plan."

SECTION 14. That Paragraph (2), "Tract 2," of Subsection (e), "Lot Coverage," of

Section 51P-486.107, "Yard, Lot, and Space Regulations," of Article 486, "PD 486," of

CHAPTER 51P, "DALLAS DEVELOPMENT CODE: PLANNED DEVELOPMENT

5 1P correction -


follows:

"(2) Maximum lot coverage is 70 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not."

SECTION 15. That Subsection (a) of Section 5 1P-486.108, "Off-street Parking and

Loading," of Article 486, "PD 486," of CHAPTER 51P, "DALLAS DEVELOPMENT CODE:

PLANNED DEVELOPMENT DISTRICT REGULATIONS," of the Dallas City Code, as

amended, is corrected to read as follows:

"(a) For the community service center use, off-street parking must be provided at a ratio of one parking space for each 450 square feet of floor area [ d l . Parking may be provided in the required yards."

SECTION 16. That Subsection (b), "Maximum Front Yard," of Section 5 1 P-7 12.108,

"Yard, Lot, and Space Regulations," of Article 712, "PD 71 2," of CHAPTER 5 lP, "DALLAS



"(b) Maximum front vard.

(1) A maximum front yard must be observed for at least 70 percent of the linear distance of any street frontage exclusive of each of the following:

(A) five feet for each side yard provided:

(B) any area comprising a pedestrian plaza that is a maximum depth of 50 feet (measured perpendicularly from the frontage to the opposite side of the plaza) and a maximum length of 20 percent of the length of the building along the frontage, measured along the side of the plaza parallel to the frontage: and

(C) for comer lots, the depth of the maximum front yard extending from the adjacent frontage."

SECTION 17. That Subsection (i), "Floor Area Ratio," of Section 5 1P-7 12.108, "Yard,

Lot, and Space Regulations," of Article 712, "PD 712," of CHAPTER 51P, "DALLAS

5 1P correction -



"(i) Floor area ratio. The total floor area of all uses within Tracts 1 and 2 may not exceed a maximum floor area ratio of 2.5. In Tract 2A, [&el maximum floor area ratio is 2.0."

SECTION 18. That Chapter 51P of the Dallas City Code, as amended, shall remain in

full force and effect, save and except as amended by the ordinance.

SECTION 19. That the terms and provisions of t h s ordinance are severable and are

governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.

SECTION 20. That this ordinance shall take effect immediately from and afrer its

passage and publication, in accordance with the Charter of the City of Dallas, and it is

accordingly so ordained.

APPROVED AS TO FORM:

THOMAS P. PERKINS, JR., City Attorney

By: LkM6%%ik%% - - Assistant City Attorney

Passed: JUN 2 4 2009

5 1P correction -

USE CHARTS

LEGEND

EXHIBIT 193A PAGE 1 OF 23

I ,, I USE PROHIBITED.

I I USE PERMITTED BY RIGHT.

@

USE PERMITTED BY RIGHT, SUBJECT TO ESTABLISHED CONDITIONS, AND BY SUP WHERE THE CONDITIONS ARE NOT MET. [See Section noted]

S

USE PERMITTED BY SPECIFIC USE PERMIT (SUP) AS A STREET LEVEL USE. [See Section 51 P-193.110]

USE PERMITTED BY SPECIFIC USE PERMIT (SUP). [See Section 51 P-193.11 I]

* USE PERMITTED BY RIGHT AS A STREET LEVEL USE. [See Section 51 P-193.110]

USE PERMITTED BY RIGHT AS A LIMITED USE, SUBJECT TO ESTABLISHED CONDITIONS, AND BY SUP WHERE THE CONDITIONS ARE NOT MET.

L

1 @ 1 USE PERMITTED BY SPECIFIC USE PERMIT (SUP) AS A LIMITED USE.

USE PERMITTED BY RIGHT AS LIMITED USE. [Subject to restrictions in Section 51 P-193.1091

1 % 1 USE PERMITTED ONLY WITH VISUAL SCREENING.

1 * 1 SEE USE REGULATIONS GOVERNING THIS USE.

Note: The use charts on the following pages are intended for use as a guide only. It is necessary to see the text of this article for specific regulations. In the event of a conflict between the use charts and the text of this article, the text of this article controls.


V1 C

- $ -

TYPE OF USE

51 P- 193.107(b)

(1

(2)

(3)

(4

(5)

( 6 )

(7)

(8)

(9)

(10)

(1 1)

51 P- 193.107(a)

(1

(2)

(3)

(4)

(5)

(6)

(7)

( 8 )

(9)

(10)

Single-family

RESlDENTlAL USES

single-family

Duplex

Multiple-family

Lodging or boarding house

Hotel and motel

Mobile home park, mobile home subdivision, and campground

Group residential facility

Handicapped group dwelling unit

Retirement housing

Overnight general purpose shelter

UTILITY AND SERVICE USES

Utilityorgovernmental installationotherthan listed

Local utilities

Electrical substation

Electrical energy generating plant

Radio, television, or microwave tower

Commercial radio or television transmitting station

Sewage pumping station

Sewage treatment plant

Telephone exchange, switching, and transmitting equipment

Water reservoir, well, or pumping station

Water treatment plant

DEH

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RESlDENTlAL

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Multiple-family

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S S S S S S S


'Overnight general purpose shelter use limited to a maximum of 20 guests.

51 P- 193.107(a)

Ofice

S S S S S S S S S S .

NONRESIDENTLAL

Commercial

~ ~ m r o o o r $

........aa.a ............. ............. S............

OTHER

Industrial Central

o o z o m J x o o ~ 2 Z n n

Other

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. (7)

(9)

(10)

($1)


51 P- 193.107(c)

(1)

(2)

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(8)

(9)

(10)

(11)

(12)

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Industrial

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Other

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TYPE OF USE

51 P- 193.107(f)

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(2)

(3)

(4)

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51 P- 193.107(e)

(1

(2)

(3)

(4)

(5)

(6)

(7)

Single-family

MEDICAL USES

Hospital

Convalescent and nursing homes, hospice care, and related institutions

Medical clinic

Medical or scientific laboratory

Optical shop

Medical appliance fitting and sales

Ambulance service

RELIGIOUS USES

Church

Rectory

Convent or monastery

Cemetery or mausoleum

RESIDENTIAL

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DlTH

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(3)

(4)

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(6)

(7)

Other

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OTHER . . .

Industrial Office Commercial

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Central

NONRESIDENTIAL

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51 P- 193.107(n)

(1

(2)

(3)

(4)

(5)

(6)

(7)

51 P- 193.107(m)

(12)

(13)

(14)

(15)

(1 6)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

STORAGE AND WASTE DISPOSAL USES

Warehouse

Contractor's maintenance yard

Building mover, temporary storage yard

Open storage

Outside salvage or reclamation

Metal processing facility

Inside salvage or reclamation

Single-family

TYPE OF USE

COMMERCIAL USES

Stone, sand, or gravel mining

Sand, gravel, or earth sales and storage

Job printing, lithographer, printing, or blueprinting plant

Duplication shop

Custom print shop

Gummed label printing

Venetian blind or window shade repair, assembly, and sales

Flea market

Computer service center

Custom commercial engraving

Garden shop, plant sales, or green house

Diamond and precious stone sales (wholesale only)

Design or decoratwe center

Labor hall

DiTH

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Multiple-family

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RESlDENTlAL

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TYPE OF USE 7

51 P- 193.107(0)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

($0)

(11)

P- 193.107(n)

r

(8)

(9)

(10)

(11)

(1 2)

(13)

Single-family

STORAGE AND WASTE DISPOSAL USES

Refuse transfer station

Sanitary landfill

Recycling buy-back center

Recycling collection center

Recycling drop-off container

Recycling drop-off for special occasion

ANIMAL RELATED USES

Farm or ranch

Veterinarian's offlce

Animal clinic without outside runs

Animal clinic with outside run

Kennel with outside run

Animal pound

Commerciai stable

ZOO

Hatchery and breeding operation

Live stock auction pens or sheds

Slaughterhouse

DlTH

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..............

RESIDENTIAL

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Multiple-family

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51P- 193.107(p)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

($0)

($1)

(12)

(13)

(14)

51 P- 193.108(b)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Single-family

TYPE OF USE

INDUSTRIAL AND MANUFACTURING USES

Industrial uses other than listed

Permanent concrete or asphalt batching plant

Temporary concrete or asphalt batching plant

U-cart concrete

Fiberglass swimming pool fabricator

Light fabrication and assembly

Clothing manufacturing

Bedspread, drapes, and headboard manufacturing

Manufacturing laboratory

ArWicial marble manufacturing

Corrugated cardboard box fabrication

Tread rubber manufacturing plant

Metal smelting and plating

Rendering plant

ACCESSORY USES

Game court (private)

Swimming pool (private)

Private stable

Home occupation

Occasional sales (garage sales)

Community center (private)

Amateur communication tower

Private street or alley

Open storage

S S S S S S S S S

RESIDENTIAL

Permitted by Special Authorization of the Building Official

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EXHIBIT 193A 27573 0 9 1 6 2 6 PAGE 23 OF 23

SECTION 51P-193.125: SCHEDULE OF YARD, LOT, AND SPACE REGULATIONS

'See Section 51 P-193.118

PAGE 1 OF 6 F

E - 0 m

TYPE OF REGULATION

"See Section 51P-193.120 NOTES: 1) For more specific yard, lot, and space information, consult Sections 51P-193.118 through 51P-193.126.

2) The symbol "8" means zero or none.

51p-193.118

(1)

(2)

(3)

(3)

(4) - (5)

(6)

I 2 4

MINIMUM FRONT YARD (in feet)

Single-family structures

Structures on residential development tracts

Other permitted structures

. - . - - -~

Duplex structures

klultlple-family structures 36 feet or less in height

Multiple-family structures over 36 feet in height

Other permitted structures

RESIDENTIAL

50

50

10

Single-family Multiple-family

U

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DiTH

T

40

40

20

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U 3 2

40

40

20

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20

2

35

35

'7

30

30

30

30

15

v

25

25

15 15

20

20

20

20

15

10

25

25

20

20

15

0

0

10

10

10

10

20

20

20

20

l o *

0

PT

10

15

15

10

15

15

10'

15

25*

2 6

10'

15

PT

$9' 10

OF 6

TYPE OF REGULATION u

MINIMUM LOT AREA per dwelling 51P-193.121

unlt (in sq.ft.)

I ( I ) 1 Single-family structures

Structures on residential development e I (3) 1 Duplex (per dwelllng unit)

I (4) I Multiple-family structures: No separate bedroom (per dwelllng unit)

Multiple-family structures: One bedroon (per dwelllng unlt)

Multiple-family structures: Two bedrooms (per dwelling unit)

Multiple-family structures: For each bedroom over two add this amount for each dwelling unlt

RESIDENTIAL

* Allows any legal height

51 P-193.122

(1

(2)

(3)

Ofice

-7

residential use.

I

Commercial

51P-193.124

'An additional .5:1 FAR is allowed where there is a minimum 1:l component of

OTHER NONRESIDENTIAL

Central

0

Industrial

-7

0 2 2 ! 5 % 3 P 6 S z 2 2 , ~

Other

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o m o *

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w + * 8 S X : : s s g s 0 0 0 0 0 0

EXHIBIT 317D: Land Use and Development Standards Cart

Labor hall + Machine or welding shop + + + Machinerylheavy equip./truck sales & services + + + Medical or scientific laboratory R R + + + + Technical school R R + + + +

[Note: This is the Exhibit 317 C referred to in Section 51 P-317.111, from Ordinance No. 251601 Legend + = Allowed by right S = Specific Use Permit R = Residential Adjacency ~eviev? + = By special authorization of the building official D = Development Impact Review * = See Codelordinance for details L = Limited use only

EXHIBIT 317D Page I of 8

Land Uses 1 2 3 2A 3A 4 5 6

EXHIBIT 317C: Land Use and Development Standards Cart

EXHIBIT 317D Page 2 of 8

Land Uses

Legend + = Allowed by right S = Specific Use Permit R = Residential Adjacency ~ e v i e d + = By special authorization of the building official D = Development Impact Review * = See Codelordinance for details L = Limited use only

1 2 2A 3 3A 4 5 6



Land Uses


1 2 2A 3 3A 4 5 6



Land Uses

Vehicle display, sales and service +


Transportation Uses Airport or landing field Commercial bus station and terminal

1 2A 2 3

[Note: This is the Exhibit 317 C referred to in Section 51 P-317.111, from Ordinance No. 251601

+

3A

+

4 5 6

2757 3 0 9 1 6 2 6 EXHIBIT 317C: Land Use and Development Standards Cart

I

Legend + = Allowed by right S = Specific Use Permit R = Residential Adjacency ~eview' + = By special authorization of the building official D = Development Impact Review * = See Codelordinance for details L = Limited use only

Land Uses

Accessory Uses Accessory community center (private) Accessory game court (private) Accessory helistop


1

[Note: This is the ~xhibit317 referr red to i n c t i o n 51 P-317.111, from Ordinance No. 251601

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Land Uses

Notes 1. Artlcraft production facility - a facility for the handcrafted production of artlcraft objects on a small

Scale involving processes such as kiln firing, glass blowing, welding, or woodworking. These facilities must not include:

Floor area more than 5,000 square feet Deliverylpickup of materials more than two times a week Production operations between 7:00 pm and 7:00 am

Parking requirements will be the same as warehouse. 2. Sites are considered to have residential adjacency if they are located adjacent or across a

streetlalley from lots within Sub-district 1. Land uses permitted with residential adjacency review on these sites must provide solid screening on the sides of the property that have residential adjacency and comply with all residential adjacency requirements specified in Chapter 51A.

3. This land use is specially defined for the Cedars PD #317 in the original ordinance or through subsequent amendments.

4. Non-conforming land uses are protected by ordinance from termination for 10 years from the date of adoption of the ordinance, by the end of which period they are required to come into conformance. Owners of non-conforming properties will retain the right to appeal to the Board of Adjustment to demonstrate that the time period provided is insufficient to recover their investments.

Accessory medicallinfectious waste incinerator Accessory outside display of merchandise Accessory outside sales Accessory outside storage Accessory pathological waste incinerator Amateur communication tower Day home General waste incinerator Home occupation Occasional sales(garage sales) Private stable Swimming pool (private) Pedestrian sky bridges


I


[Note: This is the Exhibit 31 7 C referred to in Section 51 P-317.111, from Ordinance No. 251 601

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Street trees as per Chapter 51A-Article

[Note: This is the Exhibit 31 7 C referred to in Section 51 P-317.111, from Ordinance No. 251 60 Notes 1. The urban form setback requirement is amended, reduced from 20' to 15' and kicking in for the

portion of a structure that exceeds 54' (not 36') 2. Bonus FAR and height applies for mixed-use projects that have at least 50% of floor area under

residential use and not less than 50% of the ground floor area under retail or personal service uses 3. Transfer of development rights for historic preservation is allowed from any sub-district to sub-

districts 2, 24, 3, and 3A only 4. Lots with frontage on Lamar or Bellview are permitted 100% ground coverage conditional upon

provision of enhanced pedestrian amenities along those rights-of-way. See Section 51 P-317.112.1 for minimum amenity standards required in order to quallfy for all enhanced pedestrian amenity incentives.


5. An additional list of urban trees are permitted for meeting the street use requirement. 6. In sub-districts 2, 2A, and 3A up to 50% of site trees may be provided in the public right-of-way (in

addition to required street trees) or the equivalent cost may be paid into the Cedars Public Open Space and Landscape Fund. For properties with frontage on Lamar or Bellview within sub-district 3A, the site tree requirement is waived if enhanced pedestrian amenities are provided along those rights-of-way and the property is developed with 100% ground coverage.

7. Required parking lot trees must be placed so that no parking surface greater than 60,000 square feet in area remains uninterrupted by a row of large canopy trees.

8. The minimum clear sidewalk width is 7.5 feet for properties within sub-district 3A with frontage on Lamar and Bellview.

9. For properties with frontage on Lamar or Bellview, the permeable surface requirement is waived conditional upon provision of enhanced pedestrian amenities along those rights-of-way.

10. Parking reduction is conditional upon provision of enhanced pedestrian amenities along the rights-of-way connecting the site to the DART station.

11. Remote parking distance is increased conditional upon provision of enhanced pedestrian amenities along pathways connecting remote parking to the site served.

12. A maximum residential density of 160 dwelling unitslacre is permitted in sub-district 1

{Note: This is the Exhibit 31 7 C referred to in Section 51 P-317.111, from Ordinance No. 251 60)


27573citysecretary.dallascityhall.com/resolutions/2009/06-24...2009/06/24 · pd subdistrict 86 is...

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