Regulations, of the Dallas City Code by creating a new Division S-105; establishing use

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1 ORDiNANCE NO An ordinance changing the zoning classification on the following property: BEING Lots 1 and 2 in City Block E/2307 and Lot 1 and part of Lot 2 in City Block F/2309; generally bounded by Hartford Street, Hawthorne Avenue, Fairmount Street, and Kings Road; and containing approximately acres, from an MF-2 Multiple-Family Subdistrict within Planned Development District No. 193 (Oak Lawn Special Purpose District) to Planned Development Subdistrict No. 105 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-105; establishing use regulations and development standards for this planned development subdistrict; providing a penalty not to exceed $2,000; 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: Z (RB)(PDS 105)(alternate) - Page 1

2 Page SECTION That the zoning classification is changed from an MF-2 Multiple-Family Subdistrict within Planned Development District No. 193 to Planned Development Subdistrict No. 105 within Planned Development District No. 193 on the property described in Exhibit A, which is attached to and made a part of this ordinance ( the Property ). 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 S-105 to read as follows: Division S-105. PD Subdistrict 105. SEC. S LEGISLATIVE HISTORY. PD Subdistrict 105 was established by Ordinance No. Council on March 26, 2014.,passed by the Dallas City SEC. S PROPERTY LOCATION AND SIZE. PD Subdistrict 105 is established on property generally bounded by Hartford Street, Hawthorne Avenue, Fairmount Street, and Kings Road. The size of PD Subdistrict 105 is acres. SEC. S 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) ADMINISTRATIVE/OFFICE means areas customarily incidental to the management and operations of a multiple-family use. (2) SUBDISTRICT means a subdistrict of PD 193. (3) TREE PLANTING ZONE means that area parallel to and between two and-one-half and 20 feet from the projected back of curb. Z (RB)(PDS 105)(altemate) - 2

3 O44 (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 residential zoning district. SEC. S EXHIBIT. plan. The following exhibit is incorporated into this division: Exhibit S-105A: development SEC. S DEVELOPMENT PLAN. (a) For a multiple-family use, development and use of the Property must comply with the development plan (Exhibit S-105A). If there is a conflict between the text of this division and the development plan, the text of this division controls. (b) For a multiple-family use, if a development plan is amended using the director procedure in Section 51A-4.702(h)(2)(A), the requirement in Section 51A-4.702(h)(2)(A)(ii)(aa) that the proposed development plan does not have residential adjacency does not apply. (c) For all other uses, no development plan is required, and the provisions of Section regarding submission of or amendments to a development plan, site analysis plan, conceptual plan, development schedule, and landscape plan do not apply. SEC. S MAIN USES PERMITTED. 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. SEC. S 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 51P For more information regarding accessory uses, consult Section 51 P-i (b) The following accessory use is permitted by right: Z (RB)(PDS 105)(alternate) - Page 3

4 Administrative/office. (c) The following accessory uses are not permitted: -- Amateur -- Open -- Private communication tower. storage. stable. SEC. S 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) Front yard. For a multiple-family use, minimum front yard is 20 feet. Off-street parking is permitted in the front yard. (c) Density. Maximum number of dwelling units is 366. (d) Floor area. (1) Except as provided in this subsection, no maximum floor area. (2) Maximum floor area for an administrative/office is 2,800 square feet. (3) Maximum floor area for a community center (private) is 2,850 square feet. SEC. S OFF-STREET PARKING AND LOADING. (a) Except as provided in this section, consult Part I of this article for the specific off street parking and loading requirements for each use. (b) (c) (d) For a multiple-family use, a minimum of 420 off-street parking spaces is required. For a community center (private) use, no off-street parking is required. For an administrative/office use, no off-street parking is required. Z (RB)(PDS 105)(alternate) - Page 4

5 SEC. S O DESIGN STANDARDS FOR STREET FRONTAGES. (a) Purpose. Continuous facades along pedestrian-oriented streets often have negative impacts on community aesthetics, pedestrian circulation, and the scale and rhythm of streetscapes. These design standards are intended to ensure that continuous facades that are located along well-traveled pedestrian ways are compatible with the surrounding area and mitigate the negative impact of continuous facades, while allowing creativity, flexibility, and variety in design. (b) Facades. (1) Street-facing facades must be similar to and compatible with the architectural design of other street-facing facades on the same block face. (2) Street-facing facades exceeding 50 feet in length must have two of the following elements and street-facing facades exceeding 100 feet in length must have four of the following elements: (A) Change in plane, such as an offset, reveal, recess, or projection. Changes in plane must have a width of no less than 24 inches, a depth of at least eight inches, and may include columns, arches, or niches. (B) bay windows, and cornices. (C) (D) (E) (F) (G) (H) (I) maximum structure height. Architectural details such as raised bands, balconies, projected or Architecturally prominent public entrance. Attached tower or turret. Awnings. Change in color. Change in material. Change in texture. Change in height of at least 10 feet while complying with the (c) Materials and colors. (1) No more than 80 percent of the area of a street facade wall, exclusive of fenestration, may consist of a single color. Z (RB)(PDS 105)(alternate) - Page 5

6 S44 (2) A minimum of 80 percent of the exterior wall material excluding doors, and windows and recessed or projected areas for porches, balconies, and entries of facades facing a public street must be a masonry material, including brick, stone, stucco, or fiber cement exterior cladding material. SEC. S ENVIRONMENTAL PERFORMANCE STANDARDS. (a) In general. Except as provided in this section, see Article VI. (b) Outdoor lighting. Outdoor lighting sources and fixtures must comply with the following requirements: (1) Light sources. (A) Only incandescent, fluorescent, metal halide, LED, or color corrected high-pressure sodium may be used. (B) Light sources must be indirect, diffused, and covered by fixtures that prevent light spilling over onto abutting lots. (2) Light fixtures. height. (A) Light fixtures in off-street parking areas may not exceed 30 feet in (B) Along sidewalks in pedestrian areas, light fixtures must be a minimum of nine feet in height and a maximum of 15 feet in height. (C) Light fixtures attached to buildings may not project light above the roof line and must be shielded. (D) Entrances to multiple-family uses must be lighted beginning at dusk and continuing until dawn. SEC. S LANDSCAPING AND STREETSCAPE. (a) Except as provided in this section, landscaping and screening must be provided in accordance with Part I of this article. (b) Except as provided in this subsection, required trees in the tree planting zone must be provided at one tree for each 50 feet of street frontage. Z (RB)(PDS 105)(alternate) - Page 6

7 (1) Existing trees in the parkway and in the required front yard located as shown on the development plan may count toward the requirement for required trees in the tree planting zone. (2) If more than 25 percent of the existing trees shown on the development plan for a street frontage are removed, one tree for each 25 feet of street frontage must be provided for that street frontage. (c) A six-foot-wide sidewalk with a minimum four feet of unobstructed width must be provided along all street frontages. Tree grates are not required for the existing trees. Tree grates for new trees do not count toward the minimum unobstructed sidewalk width. (d) Plant materials must be maintained in a healthy, growing condition. SEC. S SIGNS. Signs must comply with the provisions for non-business zoning districts in Article VII. SEC. S 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. (d) Principles of Crime Prevention Through Environmental Design (CPTED) must be integrated to the maximum extent possible for all construction requiring a building permit. A copy of the CPTED manual may be obtained in the Department of Sustainable Development and Construction, or contact the building inspection plans examiner for information on CPTED review standards. (e) The driveway on Kings Road is limited to egress only and must have a gate as shown on the development plan. SEC. S 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. Z (RB)(PDS 105)(altemate) - Page 7

8 (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 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 version of Exhibit S-105A (development plan) attached to this ordinance. A reduced-sized version of this plan shall be provided in Chapter 51P. Permits shall be issued based on information provided on the full-scale version of the plan. SECTION 5. That the city attorney is authorized to insert the enrolled number of this ordinance in the legislative history section of Division S-105 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 SiP 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. Z (RB)(PDS 105)(altemate) - Page 8

9 Page 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 TO FORM: WARREN M.S. ERNST, City Attorney Passed MAR Z (RB)(PDS 105)(alternate) - 9

10 Exhibit A GIS Approved EXUIBIT A Property Description DESCRIPTION of a acre tract of land situated in the Crawford Grigsby Survey, Abstract No. 532, Dallas County, Texas; said tract being Lots I and 2, Block E12307, Lot 1 and part of Lot 2, Block F/2309, A.K. Lucas Homestead Subdivision, an addition to the City of Dallas, Texas according to the plat recorded in Volume 1, Page 494 of the Map Records of Dallas County, Texas; said tract also being tract Nos. 1 and 2 described in Deed to The Housing Authority of the City of Dallas, Texas recorded in Volume 2324, Page 286 of the Deed Records of Dallas County, Texas; said tract as being a acre tract being more particularly described as follows: BEGINNING, at a concrete monument found for the north corner of said Lot 1, Block E/2307, said point being at the intersection of the southeast line of Kings Road (a 50-foot wide right-ofway) and the southwest line of Hartford Street (a 50-foot wide right-of-way); THENCE, South 46 degrees, 19 minutes, 15 seconds East, along the northeast line of said Lot 1, Block E/2307 and the said southwest line of Hartford Street, a distance of feet to a 1/2- inch iron rod found for the east corner of said Lot 1, Block E/2307; said point being at the intersection of the said southwest line of Hartford Street and the northwest line of Hawthorne Avenue (a 50-foot wide right-of-way); THENCE, South 41 degrees, 55 minutes, 25 seconds West, along the said northwest line of Hawthorne Avenue, a distance of feet to a point for corner at the intersection of the said northwest line of Hawthorne Avenue and the northeast line of Fainnount Street (a 50-foot wide right-of-way); said point being the south corner of said Lot 2, Block F/2309; THENCE, North 46 degrees, 20 minutes, 55 seconds West, along the said northeast line of Fairmount Street and the southwest line of said Lot 2, Block Ff2309, a distance of feet to a point for corner; said point being the south corner of that tract of land described in Special Warranty Deed to Lee Blankenship Emmert recorded in Instrument Number of the Official Public Records of Dallas County, Texas; THENCE, North 41 degrees, 45 minutes, 15 seconds East, departing the said northeast line of Fairmount Street, a distance of feet to a point for corner; THENCE, North 46 degrees, 20 minutes, 55 seconds West, a distance of feet to a point for corner in the said southeast line of Kings Road; said point also being the north corner of said Lee Blankenship Emmert tract; from said point a 1/2-inch iron rod found bears South 41 degrees, 45 minutes, 15 seconds West, a distance of feet; THENCE, North 41 degrees, 45 minutes, 15 seconds East, along the said southeast line of Kings Road, a distance of feet to the PONT OF BEGINNING; CONTAiNING: 548,993 square feet or acres of land, more or less. Z _PDS new Z (RB)(PD 193, Subdistrict 105)(Exhibit A) Page 1 of 1

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13 PROOF OF PUBLICATION - LEGAL ADVERTISING The legal advertisement required for the noted ordinance was published in the Dallas Morning News, the official newspaper of the city, as required by law, and the Dallas City Charter, Chapter XVIII, Section 7. DATE ADOPTED BY CITY COUNCIL MAR ORDINANCE NUMBER DATE PUBLISHED MAR ATTESTED BY: OFFICE OF CITY SECRETARY X:\PROOF OF PUBLICATION.docx

An ordinance amending Chapter 51, Dallas Development Code: Ordinance No , as

150539 ORDINANCE NO. 2 9 6 8 7 3-24-15 An ordinance amending Chapter 51, Dallas Development Code: Ordinance No. 10962, as amended, and Chapter 51A, Dallas Development Code: Ordinance No. 19455, as amended,