Page 161236 8-5-16 ORDNANCE NO. 30153 An ordinance changing the zoning classification on the following property: BEING Lots 2-6 in City Block 3/2059 located on the west corner of Fairmount Street and Knight Street; fronting approximately 359 feet on the southwest line of Fairmount Street; fronting approximately 147 feet on the northwest line of Knight Street; and containing approximately 0.95 acres, from an MF-2 Multiple Family Subdistrict within Planned Development District No. 193 (the Oak Lawn Special Purpose District) to Planned Development Subdistrict No. 125 within Planned Development District No. 193; amending 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 by creating a new Division S-125; establishing use regulations and development standards for this planned development subdistrict; providing a penalty not to exceed 52,000; 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 city council finds that it is in the public interest to establish this planned development subdistrict; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: 1
Page, SECTION 1. 30153 161236 That the zoning classification is changed from an MF-2 Multiple Family Subdistrict within Planned Development District No. 193 to Planned Development Subdistrict No. 125 within Planned Development District No. 193 on the following property ( the Property ): BEING Lots 2-6 in City Block 3/2059 located on the west corner of Fairmount Street and Knight Street; fronting approximately 359 feet on the southwest line of Fairmount Street; fronting approximately 147 feet on the northwest line of Knight Street; and containing approximately 0.95 acres. SECTION 2. That 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 is amended by adding a new Division S-125 to read as follows: Division S-125. PD Subdistrict 125. SEC. S-125.101. LEGISLATIVE HISTORY. PD Subdistrict 125 was established by Ordinance No. Council on passed by the Dallas City SEC. S-125.102. PROPERTY LOCATION AND SIZE. PD Subdistrict 125 is established on property located on the west corner of Fairmount Street and Knight Street. The size of PD Subdistrict 125 is 0.95 acres. SEC. S-125.103. 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, 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. 2
-- Restaurant -- Amateur -- Open Page 30153 161236 SEC. S-125.104. EXHIBITS. The following exhibits are incorporated into this division: (1) Exhibit S-125A: development plan. (2) Exhibit S-125B: landscape plan. SEC. S-125.105. DEVELOPMENT PLAN. Development and use of the Property must comply with the development plan (Exhibit S 125A). If there is a conflict between the text of this division and the development plan, the text of this division controls. SEC. S-125.106. MAIN USES PERMITTED. (a) Except as provided in this section, the only main uses permitted in this subdistrict are those main uses permitted in the MF-2 Multiple Family Subdistrict, subject to the same conditions applicable in the MF-2 Multiple Family Subdistrict, as set out in Part I of this article. For example, a use permitted in the MF-2 Multiple Family 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 MF-2 Multiple Family Subdistrict is subject to DIR in this subdistrict; etc. (b) The following additional uses are permitted: -- Office. without drive-in or drive-through service. [Limited to a maximum of 1,500 square feet.] SEC. S-125.107. ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 5lP-193.108. For more information regarding accessory uses, consult Section 51P-193.108. (b) The following accessory uses are not permitted: -- Private communication tower. storage. stable. 3
Page 30153 161236 SEC. S-125.108. 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 Part I of this article. If there is a conflict between this section and Part I of this article, this section controls.) (a) In general. Except as provided in this section, the yard, lot, and space regulations for the MF-2 Multiple Family Subdistrict apply. (b) Nonresidential structures. (1) Front yard. (A) A minimum front yard of 10 feet must be provided on Fairmount Street and Knight Street, as shown on the conceptual plan. (B) Benches, stairs, railings, and raised landscaping planters may encroach a maximum of three feet into the front yard in the general amount and configuration shown on the landscape plan. (C) Cantilevered roof eves, balconies, and canopies may encroach up to five feet into the front yard. (2) Side and rear yard. (A) (B) to five feet into the side yard. (C) Minimum side and rear yard is 10 feet. Cantilevered roof eves, balconies, and canopies may encroach up The Dallas North Tollway frontage is a side yard. (3) Height. Maximum structure height is 85 feet. uses. (4) Floor area. Maximum floor area is 45,000 square feet for non-residential (5) Lot coverage. Maximum lot coverage is 45 percent. SEC. S-125.109. OFF-STREET PARKING AND LOADING. (a) In general. Except as provided in this section, consult Part I of this article for the specific off-street parking and loading requirements for each use. 4
Page 30153 161236 (b) Screening. Screening of off-street parking must be provided as shown on the landscape plan. (c) Special parking: No off-street parking may be used for another property outside of the subdistrict pursuant to a remote parking agreement. SEC. S-125.11O. ON-STREET PARKING REDUCTION Except as provided in this subsection, any on-street parking spaces may be counted as a reduction of the parking requirement of the use adjacent to the on-street parking space. (1) An on-street parking space may not be used to reduce the required parking for more than one use, except that an on-street parking space may be used to reduce the combined total parking requirement for a mixed use project. (2) An on-street parking space that is not available to the public at all times of the day may only be counted as a partial parking space in proportion to the amount of time that it is available. For example, a parking space that is available to the public only eight hours per day will be counted as one-third of a parking space (8 24 = one-third). The total of the limitedavailability parking spaces will be counted to the nearest whole number, with one-half counted as an additional space. specifications. (3) On-street parking must be striped in accordance with standard city SEC. S-125.111. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. S-125.112. LANDSCAPING. (a) (b) Landscaping must be provided as shown on the landscape plan (Exhibit S-125B). Plant materials must be maintained in a healthy, growing condition. SEC. S-125.113. SIGNS. Signs must comply with the provisions for business zoning districts in Article VII. 5
30153 161236 SEC. S-125.114. ADDITIONAL PROVISIONS. (a) appearance. The Property must be properly maintained in a state of good repair and neat (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. (c) Development and use of the Property must comply with Part I of this article. SEC. S-125.115. 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, 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. SECTION 3. That, pursuant to Section 51A-4.701 of Chapter 51A of the Dallas City Code, as amended, the property description in Section 1 of this ordinance shall be construed as including the area to the centerline of all adjacent streets and alleys. SECTION 4. That development of this subdistrict must comply with the full-scale versions of Exhibit S-125A (development plan) and Exhibit S-125B (landscape plan) attached to this ordinance. Reduced-sized versions of these plans shall be provided in Chapter 5 1P. Permits shall be issued based on information provided on the full-scale versions of the plans. SECTION 5. That the city attorney is authorized to insert the enrolled number of this ordinance in the legislative history section of Division S-125 in Chapter 51P. SECTION 6. That a person who violates a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. Page 6
Page SECTION 7. 30153 161236 That the zoning ordinances of the City of Dallas and Chapter 51P of the Dallas City Code, as amended, 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. SECTION 9. 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 T PH. BOWERS, FORM: Interim City Attorney Assista t Ci Attorney Passed AUG 10?U1I 7
1 :. U-, 1 s PD DEVELOPMENT PLAN PInned Developme Subdistrict No. 125 ISIJCIIOIIS T STREET Planned Development District No. 193 :0 0:155:55 LIfT - 051 VEWAI /.001(1 S 20 01020 40 Approved City Plan Commission June 2,2016 * ITE VICINITY MAP SITE INFORMATION: ZONING DISTRICT PD 193 P09 LOT AREAC 5,50 ACRES LAND USE (IFFICE RESTAURANT MYATIMLIM 10005 AREA 45900 ST (RETSTAIIRAS T LIMITED TO 1.5)5 SF 1 MAXIMUM building HEIGHT, lilt MAXIMUM LI) C(i,EIIAGF 4915 MINIIUJM SETTIOCKS FRONT YARD. 10 511)9, ARI) is HEAR YARD. ISA PARKING. PEGUIRED - 10(1 ITS PROVIDE 0 15(1105 ITS ON-SITE IS ON-STREET REMAII1!NCSPAGES PROVIDED PD ((s CASE NUMBER: Z156 164 Cl) w I -j 1:0< l)go I II (
120 16 Approved CASE NUMBER: Z156-164 LDP.1 01 / w LC) Pall CHARD ASSOCIArES /. IXI I.0 CJ C)) Planned Development STREET SECTION Subdistrict No. 125 Planned Development District No. 193 \ \ t.y ul N F4IRMOUAT STREET P SL:C RICT OF fay) N / 2, 20 City Plan Commission ASSOCIATES BALDWIN LANDSCAPE SITE PLAN T Lu L/) z = - Lu u ± LIT
Ct Ce, 1, 478-2 1L4 PD193 112) 171 13 V 1:3,600 ZONING MAP Case no: ZI 56-1 64 511612016
PROOF OF PUBLiCATION - LEGAL ADVERT1ISING The Ilegall advertisement required for the noted ordinance was published in the Dallas Morning News 9 the official newspaper of the city, as required by Itaw, and the Dallas City Charter, Chapter XVIII, Section 7. DATE ADOPTED BY CITY COUNCiL AUG 102016 ORDiNANCE NUMBER 30153 DATE PUBLIESHEII) AUG13 2016 ATTESTED BV: Aa%a) OFFICE OF CITY SECRETARY P:\PROOF OF PUBLICATION.docx