120568 2-21-12 ORDINANCE NO. C) 4) An ordinance correcting Sections 51A-1.105, Fees, 51A-4.203, Industrial Uses, 51A-4.501. Historic Overlay District, 51 A-4.605, Design Standards, 51 A-4.702, Planned Development (PD) District Regulations, 51A-4.803, Site Plan Review, 51A-7.603, Applications, 51A- 7.909, Attached Non-Premise District Activity Videoboard Signs, 51 A-7.9 13, Construction Barricade Signs, 51A-7.930, Supergraphic Signs, 51A-7.1212, Cultural Institution Digital Signs, 51A-7.1214, Construction Barricade Signs, 51A-10.131, Application of Division, and 51A-10.135, Alternative Methods of Compliance With Tree Replacement Requirements, of the Dallas Development Code; correcting the general merchandise or food store 100,000 square feet or more use on the use chart; 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 51A 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 Paragraph (3), Fee Schedule, of Subsection (k), Fees for Miscellaneous Items, of Section 5 IA-I.105, Fees, of Article I, General Provisions of Chapter 51A, Dallas Development Code: Ordinance No. 19455. as amended, of the Dallas City Code is corrected to read as follows:
(3) Fee schedule. 9$3 12O6g Type of Application Application Area of Notification for Hearing Minor plat amendment $825.00 [200 feet. See also note below.] Detailed development plan when $600.00 submitted after passage of an for each ordinance establishing a planned submission development district Waiver of the two year waiting period $300.00 under Section 51A-4.701(d)(3) Extension of the development schedule $75.00 under Section 5 IA-4.702(g)(3) Waiver of the requirement of proof that $200.00 taxes, fees, fines, and penalties are not delinquent under Section 51 A-I. 104.1 Appeal to the city council of a $300.00 moratorium on a zoning or nonzoning matter handled by the department [ 4 development services] Request for a letter from the department $150.00 [of development services J explaining the availability of water services for a development site Request for a letter from the department $150.00 [of development services] explaining the availability of wastewater services for a development site. Request for performance of a wastewater $800.00 capacity analysis on an existing wastewater line to determine its capacity for a proposed development or land use Appeal an apportionment determination $600.00 to the city council Appeal a decision of the landmark $300.00 commission on a predesignation certificate of appropriateness, certificate of appropriateness, or certificate for demolition or removal to the city plan commission regarding a single family use or a handicapped group dwelling unit use
Appeal a decision of the landmark $700.00 commission on a predesignation certificate of appropriateness, certificate of appropriateness, or certificate for demo! ition or removal to the city plan commission regarding any other use 2Ro I 9n jrjjou8 Request for a sidewalk width waiver under $300.00 Section 51 A-4. I 24(a)(8)(C)( v) Note: The director shall also send notification known neighborhood associations covering the property, and persons on the early notification list at least 10 days prior to the public hearing. of minor plan amendments to the city plan commission members, any SECTION 2. That Subparagraph (A) of Paragraph (3.2), Gas Drilling and Production, of Subsection (b), Specific Uses, of Section 51A-4.203, Industrial Uses, of Division 51A- 4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (A) Definitions: ([1j) Gas drilling and production means the activities related to produced in gaseous or rarefied state at standard temperature and pressure conditions, or the extraction of any gaseous vapors derived from petroleum or natural the extraction of any fluid, either combustible or noncombustible. that state from the earth and that maintains gas. a is a natural production. (ii) See Article XII for definitions that apply to gas drilling and SECTION 3. That Paragraph (7), Appeal, of Subsection (d), Predesignation Certificate of Appropriateness, of Section 5 IA 4.501, Historic Overlay District. of Division 51A-4,500, Overlay and Conservation District Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows:
53 iu6 (7) Appeal. If a predesignation certificate of appropriateness is denied, the chair of the landmark commission shall verbally inform the applicant of the right to appeal to the city plan commission. If the applicant is not present at the hearing, the director shall inform the applicant of the right to appeal in writing within 10 days after the hearing. The applicant may appeal the denial to the city plan commission by filing a written notice with the director within 30 days after the date of the decision of the landmark commission. The director shall forward to the city plan commission a complete record of the matter being appealed, including a transcript of the tape of the hearing before the landmark commission. In considering an appeal, the city plan commission shall review the landmark commission record and hear and consider arguments from the appellant and the representative for the landmark commission. The city plan commission may only hear new testimony or consider new evidence that was not presented at the time of the hearing before the landmark commission to determine whether that testimony or evidence was available at the landmark commission hearing. If the city plan commission determines that new testimony or evidence exists that was not available at the landmark commission hearing, the city plan commission shall remand the case back to the landmark commission in accordance with Subsection (2[ml). In reviewing the landmark commission decision the city plan commission shall use the substantial evidence standard in Subsection ([mj). The city plan commission may reverse or affirm, in whole or in part, modify the decision of the landmark commission, or remand any case back to the landmark commission for further proceedings. Appeal to the city plan commission constitutes the final administrative remedy. I SECTION 4. That Subparagraph (E), Appeal, of Paragraph (6), Standard Certificate of Appropriateness Review Procedure, of Subsection (g), Certificate of Appropriateness, of Section 51 A-4.50 1, Historic Overlay District, of Division 51 A-4.500, Overlay and Conservation District Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows:
285g 12056 (E) Appeal. If a certificate of appropriateness is denied, the chair of the landmark commission shall verbally inform the applicant of the right to appeal to the city plan commission. If the applicant is not present at the hearing, the director shall inform the applicant of the right to appeal in writing within 10 days after the hearing. The applicant may appeal the denial to the city plan commission by filing a written notice with the director within 30 days after the date of the decision of the landmark commission. The director shall forward to the city plan commission a complete record of the matter being appealed, including a transcript of the tape of the hearing before the landmark commission. In considering an appeal, the city plan commission shall review the landmark commission record and hear and consider arguments from the appellant and the representative for the landmark commission. The city plan commission may only hear new testimony or consider new evidence that was not presented at the time of the hearing before the landmark commission to determine whether that testimony or evidence was available at the landmark commission hearing. If the city plan commission determines that new testimony or evidence exists that was not available at the landmark commission hearing, the city plan commission shall remand the case back to the landmark commission in accordance with Subsection (o[mj). In reviewing the landmark commission decision the city plan commission shall use the substantial evidence standard in Subsection (o[mj). The city plan commission may reverse or affirm, in whole or in part, modify the decision of the landmark commission, or remand any case back to the landmark commission for further proceedings. Appeal to the city plan commission constitutes the final administrative remedy. SECTION 5. That Paragraph (5), Appeal, of Subsection (h), Certificate for Demolition or Removal, of Section 51A-4.501, Historic Overlay District, of Division 51A- 4.500, Overlay and Conservation District Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code; Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows:
285s 120568 (5) Appeal. The chair of the landmark commission shall give verbal notice of the right to appeal at the time a decision on the application is made. If the applicant is not present at the hearing, the director shall inform the applicant of the right to appeal in writing within 10 days after the hearing. Any interested person may appeal the decision of the landmark commission to the city plan commission by filing a written notice with the director within 30 days after the date of the decision of the landmark commission. If no appeal is made of a decision to approve the certificate for demolition or removal within the 30-day period, the building official shall issue the permit to allow demolition or removal. If an appeal is filed, the city plan commission shall hear and decide the appeal within 65 days after the date of its filing. The director shall forward to the city plan commission a complete record of the matter being appealed, including a transcript of the tape of the hearing before the landmark commission. In considering an appeal, the city plan commission shall review the landmark commission record and hear and consider arguments from the appellant and the representative for the landmark commission. The city plan commission may only hear new testimony or consider new evidence that was not presented at the time of the hearing before the landmark commission to determine whether that testimony or evidence was available at the landmark commission hearing. If the city plan commission determines that new testimony or evidence exists that was not available at the landmark commission hearing, the city plan commission shall remand the case back to the landmark commission in accordance with Subsection (o[mj). In reviewing the landmark commission decision the city plan commission shall use the substantial evidence standard in Subsection ([nj). The city plan commission may reverse or affirm, in whole or in part, modify the decision of the landmark commission, or remand any case back to the landmark commission for further proceedings. Appeal to the city plan commission constitutes the final administrative remedy. SECTION 6. That Item (ii) of Subparagraph (A) of Paragraph (2), Applicability. of Subsection (a), Design Standards for Large Retail Uses, of Section 51A-4.605, Design Standards, of Division 51A-4.600, Regulations of Special Applicability, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (ii) In Chapter 51A: (aa) Furniture store uses of 100.000 square or more. square feet or more. (bb) General merchandise and food store uses of 100,000 (cc) Home improvement center, lumber, brick or building material sales yard uses of 100,000 square feet or more.
120568 SECTION 7. That Subparagraph (B), City Plan Commission Procedure, of Paragraph (2), Determination of Procedure, of Subsection (h), Amendments to the Development Plan, of Section 51A-4.702, Planned Development (PD) District Regulations, of Division 51A- 4.700, Zoning Procedures, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (B) City plan commission procedure. The city plan commission may approve a minor amendment to a development plan without the notification described in Section 51A 1.105(k) if the proposed development plan: (i) does not have residential adjacency: (ii) does not change uses from those allowed on the original development plan; and open space. (iii) does not reduce designated perimeter buffer area or designated SECTION 8. That Subparagraph (C), Public Notice Procedure, of Paragraph (2), Determination of Procedure, of Subsection (h), Amendments to the Development Plan, of Section 51A-4.702, Planned Development (PD) District Regulations, of Division 51A-4.700, Zoning Procedures, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to reau a OiiOs. (C) Minor amendments that do not qualify for the director procedure or the city plan commission procedure must be reviewed under the public notice procedure. The notification described in Section 51A-1.105(k) is required. iicticcpl2cere,
SECTION 9. 2853 120568 That Subparagraph (B), City Plan Commission Procedure, of Paragraph (2), Determination of Procedure, of Subsection (i), Amendments to the Landscape Plan, of Section 51A-4.702, Planned Development (PD) District Regulations, of Division 51A-4.700, Zoning Procedures, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (B) City plan commission procedure. The city plan commission may approve a minor amendment to a landscape plan without the notification described in Section 51A4.105(k) if the proposed landscape plan does not change the landscape plan within 25 feet of a property line with residential adjacency. SECTION 10. That Subparagraph (C), Public Notice Procedure, of Paragraph (2), Determination of Procedure, of Subsection (i), Amendments to the Landscape Plan, of Section 51A-4.702, Planned Development (PD) District Regulations, of Division 51A-4.700, Zoning Procedures, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (C) Public notice procedure. Minor amendments that do not qualify for the director procedure or the city plan commission procedure must be reviewed under the public notice procedure. The notification in Section 5 1A- 1.105(k) is required. SECTION 11. That Paragraph (3), Original Development Plan, of Subsection (i), Amendments to the Landscape Plan, of Section 51A-4.702, Planned Development (PD) District Regulations, of Division 51A-4.700, Zoning Procedures, of Article IV. Zoning Regulations. of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended. of the Dallas City Code is corrected to read as follows:
28553 (3) Original landscapejdevelopment] plan. For purposes of this subsection, original landscape plan means the earliest approved landscape plan that is still in effect, and does not mean a later amended landscape plan. For example, if a landscape plan was approved with the planned development district and then amended through the minor amendment process. the original landscape plan would be the landscape plan approved with the planned development district, not the landscape plan as amended through the minor amendment process. If, however, the landscape plan approved with the planned development district was replaced through the zoning amendment process, then the replacement landscape plan becomes the original landscape plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process. SECTION 12. That Subparagraph (B) of Paragraph (4), Residential Adjacency, of Subsection (i), Amendments to the Landscape Plan, of Section 51A-4.702, Planned Development (PD) District Regulations, of Division 51A 4.700, Zoning Procedures, of Article IV, Zoning Regulations, of Chapter 51A. Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (B) an area of planned development district that: (i) is restricted to uses permitted in R, R(A), D, D(A), TB, TH(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) districts; and (ii) has a height restriction of 40 feet or less. SECTION 13. That Paragraph (3) of Subsection (d), Site Plan Requisites, of Section 51A4.803, Site Plan Review. of Division 51A-4.800, Development Impact Review, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No, 19455, as amended, of the Dallas City Code is corrected to read as follows. (3) For purposes of this section a lot has a residential adjacency if [wheij: (A) the lot is adjacent to or directly across: (i) (iii) a street 64 feet or less in width; or an alley[j from an R. R(A). D. D(A). TI-i, THA), or CH district: or
120568 (B) an existing or proposed building or structure on the lot is within 330 feet of a lot in an R, R(A), D, D(A), TH, TH(A), or CH district. SECTION 14. That Section 51A-7.603, Applications, of Division 51A-7.600, Permit Procedures, of Article VII. Sign Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: SEC. 51A-7.603. APPLICATIONS. All applicants for permits must comply with the requirements of Subchapter Chapter5i the Dallas Building Code. [64-] of SECTION 15. That Paragraph (1) of Subsection (b), Location and Number, of Section 51A-7.909. Attached Non-Premise District Activity Videoboard Signs, of Division 51A-7.900, Downtown Special Provision Sign District, of Article VII, Sign Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (1) A maxinnim of 15 non-premise district activity videoboard signs are permitted and may only be erected on buildings with frontage on streets within the Retail Subdistrict bounded by Jackson Street, Lamar Street, Pacific Avenue [Street], and Cesar Chavez Boulevard SECTION 16. That Paragraph (4) of Subsection (d), SUP Required, of Section 51A- 7.909, Attached Non-Premise District Activity Videoboard Signs, of Division 5 IA-7.900, Downtown Special Provision Sign District, of Article VII, Sign Regulations, of Chapter 51A, Dallas Development Code: Ordinance No, 19455, as amended, of the Dallas City Code is corrected to read as follows: (4) Original applications and renewal applications for non-premise district activity videoboard signs must include an affidavit stating that the building meets the occupancy requirements in Subsection (g[f]).
io6 8 SECTION 17. That Subsection (a) of Section 51A-7.913, Construction Barricade Signs, of Division 51A-7.900, Downtown Special Provision Sign District, of Article VII, Sign Regulations, of Chapter 5 1A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (a) The director [of development servicesj shall review all construction barricade signs for consistency with the construction fence requirements of the Dallas Central Business District Streetscape plan. Upon approval of the signs by the director, a sign permit for the signs may be issued. This review is a condition precedent for any permit issued for a construction barricade. No additional sign permits for the barricade may be issued after the barricade permit is issued. SECTION 18. That Paragraph (3), Promotional Waliscape Signs, of Subsection (k), Permits, of Section 51A-7.930, Supergraphic Signs, of Division 51A-7.900, Downtown Special Provision Sign District, of Article VII, Sign Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (3) Promotional wallscape signs. An application for a promotional wallscape must be supported by a resolution of the city council that recognizes the activity or event as significantly benefiting the city. A promotional wallseape may not be erected more than 60 days before the beginning of the activity or event and must [mostl be removed not later than 30 days after the activity or event has ended. SECTION 19. That Paragraph (1) of Subsection (c) of Section 51A-7.1212, Cultural Institution Digital Signs, of Division 51A7J20O, Provisions for Arts District Sign District, of Article VII, Sign Regulations, of Chapter 51A, Dallas Development Code: Ordinance No 19455, as amended, of the Dallas City Code is corrected to read as follows: (1) One cultural institution digital sign is allowed at the southwest corner of the intersection of Woodall Rodgers Freeway [Rogers] and Jack Evans Street. (A) (B) Maximum height is 50 feet. Maximum width is 20 feet
28553 120568 (C) Total maximum effective area is 1.000 square feet, per side. Maximum effective area for identification of sponsor is 400 square feet, per side. (D) Minimum setback is 12 feet from back of curb. SECTION 20. That Subsection (b) of Section 51A-7.1214, Construction Barricade Signs, of Division 51A-7.1200, Provisions for Arts District Sign District, of Article VII, Sign Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: (b) A minimum 10 percent of the effective area of the sign must display the names of the owner, occupant, district sponsor, district activity, and/or Woodall Rodgers [Rogers] Park name or activity. SECTION 21. That Section 51A-10.131, Application of Division, of Division 5lA- 10.130, Tree Preservation, Removal, and Replacement, of Article X, Landscape and Tree Preservation Regulations, of Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows: SEC. 51A-1O.131. APPLICATION OF DIVISION. This division applies to all property in the city except for: uses; and (1[t]) lots smaller than two acres in size that contain single-family or duplex (2[b]) lots in a planned development district with landscaping and tree preservation regulations that vary appreciably from those in this article, as determined by the building official. SECTION 22. That Paragraph (3) of Subsection (c). Reforestation Fund, of Section 51A-10.135, Alternative Methods of Compliance \Vith Tree Replacement Requirements, of Division 51A-10.130, Tree Preservation, Removal, and Replacement, of Article X, Landscape and Tree Preservation Regulations, of Chapter 5 1A. Dallas Development Code: Ordinance No. 19455, as amended, of the Dallas City Code is corrected to read as follows:
28 120568 (3) All property purchased through this fund [must bej must be in or partly in the city of Dallas and may not extend further than five miles from the Dallas city limit. SECTION 23. That the director of sustainable development and construction shall revise the general merchandise and food store 100,000 square feet or more on the use charts to read as follows: General merchandise or food store 100,000 [10,0001 square feet or more. and shall provide these charts for publication in the Dallas Development Code. SECTION 24. That the zoning ordinances of the City of Dallas and Chapter 51A of the Dallas City Code, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 25. 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. SECTION 26. 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: THOMAS P. PERKINS. JR., City Attorney By Assistant ity Attorrldy Passed