150201

1-27-15

ORDINANCE NO 2 9 6 2 2

An ordinance changing the zoning classification on the following property:

BEING part of Lots 10 and 11 in City Block 12/970; fronting approximately 100 feet on thenorthwest line of McKinney Avenue; and containing approximately 15,725 square feet of land,

from an LC Light Commercial Subdistrict within Planned Development District No. 193 (the

Oak Lawn Special Purpose District) to Planned Development Subdistrict No. 111 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 5-111; 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:

Z134-280(AF)(PDSNo. 111 inPDNo. 193)—Page 1

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SECTION 1. That the zoning classification is changed from an LC Light Commercial

Subdistrict within Planned Development District No. 193 to Planned Development Subdistrict

No. 111 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 SiP, “Dallas Development Code: Planned Development District Regulations,” of the

Dallas City Code is amended by adding a new Division S-ill to read as follows:

“Division S-ill. PD Subdistrict ill.

SEC. S-lll.lOl. LEGISLATIVE HISTORY.

PD Subdistrict 111 was established by Ordinance No.

__________,

passed by the DallasCity Council on January 28, 2015.

SEC. S-111.102. PROPERTY LOCATION AND SIZE.

PD Subdistrict 111 is established on property located on McKinney Avenue, northeast ofBowen Street. The size of PD Subdistrict 111 is approximately 15,725 square feet of land.

SEC. S-11l.l03. DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51 and PartI of this article apply to this division. If there is a conflict, this division controls. If there is aconflict 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 thisdivision are to articles, divisions, or sections in Chapter 51.

(d) This subdistrict is considered to be a nonresidential zoning district.

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SEC. S-111.104. EXHIBIT.

The following exhibit is incorporated into this division: Exhibit S-i i iA: developmentplan.

SEC. S-111.105. DEVELOPMENT PLAN.

(a) In general. Except as provided in this section, no development plan is required,and the provisions of Section 5 1-4.702 regarding submission of or amendments to a developmentplan, site analysis plan, development schedule, and landscape plan do not apply.

(b) Hotel or motel use. For a hotel or motel use, development and use of the Propertymust comply with the development plan (Exhibit S-ill A). If there is a conflict between the textof this division and the development plan, the text of this division controls.

SEC. S-111.106. MAIN USES PERMITTED.

The only main uses permitted in this subdistrict are those main uses permitted in the LCLight Commercial Subdistrict, subject to the same conditions applicable in the LC LightCommercial Subdistrict, as set out in Part I of this article. For example, a use permitted in theLC Light Commercial Subdistrict only by specific use permit (SUP) is permitted in thissubdistrict only by SUP; a use subject to development impact review (DIR) in the LC LightCommercial Subdistrict is subject to DIR in this Subdistrict; etc.

SEC. S-111.107. ACCESSORY USES.

(a) As a general rule, an accessory use is permitted in any subdistrict in whichthe main use is permitted. Some specific accessory uses, however, due to their unique nature, aresubject to additional regulations in Section 51P-i93.108. For more information regardingaccessory uses, consult Section 5iP-i93.i08.

(b) The following accessory uses are not permitted in this subdistrict:

-- Amateur communication tower.-- Open storage.-- Private stable.

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SEC. S-1l1.108. YARD, LOT, AND SPACE REGULATIONS.

(Note: The yard, lot, and space regulations in this section must be read together with theyard, lot, and space regulations in Part I of this article. If there is a conflict between this sectionand Part I of this article, this section controls.)

(a) In general. Except as provided in this section, the yard, lot, and space regulationsfor the LC Light Commercial Subdistrict apply.

(b) Floor area. Maximum floor area for all uses combined is 89,250 square feet.

(c) Hotel or motel use.

(1) Front yard.

(A) In general. Except as provided in this paragraph, minimum frontyard is 17 feet.

(B) Urban form. Along McKinney Avenue, minimum front yardsetback above 38 feet in height is 25 feet.

(2) Side yard. No minimum side yard is required.

(3) Rear yard.

(A) Structures 50 feet in height or less. Minimum rear yard is 10 feet.

(B) Structures greater than 50 feet in height.

(i) In general. Minimum rear yard is 20 feet.

(ii) Structure width. Within 50 feet of the northwest Propertyline, maximum structure width is 35 percent of the width of the lot.

(4) Density. Maximum number of guest rooms/suites is 128.

(5) Floor area.

(A) Hotel or motel use. Maximum floor area is 85,000 square feet.

(B) Meeting space. Maximum floor area for meeting space inconjunction with a hotel or motel use is 3,000 square feet.

(C) Nonresidential floor area. Maximum combined floor area fornonresidential uses in conjunction with a hotel or motel use is 7,000 square feet, includingmeeting space.

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(6) Height.

(A) Except as provided in this paragraph, maximum structure height is155 feet, measured from grade along McKinney Avenue.

(B) Structures listed in Section 51P-193.123(2)(a) may project up to 12feet above the maximum structure height.

(7) Lot coverage.

(A) In general. Except as provided in this paragraph, maximum lotcoverage is 82.5 percent. Aboveground parking structures are included in lot coveragecalculations; surface parking lots and underground parking structures are not.

(B) Urban form. Above 50 feet in height, maximum lot coverage is 54percent, measured from grade along from McKinney Avenue.

(d) Outdoor swimming pools.

(1) Outdoor swimming pools must be located a minimum of 75 feet from thenorthwest Property line.

(2) A minimum 1 0-foot-high solid screening wall or other solid structure isrequired between an outdoor swimming pooi and the northwest Property line. The minimum 10-foot-high solid screening wall or other solid screening structure must be located on the samelevel as the pool.

SEC. S-111.109. OFF-STREET PARKING AND LOADING.

(a) In general. Except as provided in this section, consult Part I of this article for thespecific off-street parking and loading requirements for each use.

(b) Hotel or motel use.

(1) Off-street parking. Minimum required off-street parking is one space per0.85 guest rooms/suites.

(2) Valet parking.

(A) Vehicle queuing, drop-off, and pick-up are not permitted withinthe public right-of-way.

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(B) Valet parking, drop-off, and pick-up must be located within aparking structure.

(C) Packed parking is allowed for valet parking only.

(3) Parking structure.

(A) Off-street parking located on the Property must be within a parkingstructure.

(B) At grade off-street parking may not be accessed from McKinneyAvenue.

(C) A parking structure may not exceed two stories in height,measured at grade along McKinney Avenue.

(4) Loading areas. Loading areas must be enclosed on all four sides andaccessed with a gated entry that remains closed except during deliveries.

(c) Restaurant use.

(1) Minimum required off-street parking is one space per 175 square feet offloor area.

(2) Valet parking, drop-off, and pick-up must be located within a parkingstructure.

(3) Loading areas must be enclosed on all four sides and accessed with agated entry that remains closed except during deliveries.

SEC S-111.11O. ENVIRONMENTAL PERFORMANCE STANDARDS.

(a) Except as provided in this section, see Article VI.

(b) Outside live music is not allowed.

(c) Outside amplified sound is not allowed.

SEC. S-111.111. LANDSCAPING.

(a) Landscaping and screening must be provided in accordance with Part I of thisarticle.

(b) Plant materials must be maintained in a healthy, growing condition.

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SEC. S-111.112. DESIGN STANDARDS FOR HOTEL OR MOTEL USESTREET FRONTAGES.

(a) Purpose. Continuous facades along pedestrian oriented streets often havenegative impacts on community aesthetics, pedestrian circulation, and the scale and rhythm ofstreetscapes. The design standards in this section are intended to mitigate the negative impact ofmonotonous, blank, or inactive facades, while allowing creativity, flexibility, and variety indesign.

(b) Parking structures.

(1) Except as provided in this subsection, all aboveground parking structuresmust comply with Section 51P-193.127(a).

(2) Parking structure facades must include at least one of the following: heavygauge metal screen, pre-cast concrete panels, laminated glass, photovoltaic panels, or otherelements.

(3) Aboveground parking structures must have a solid wall or panel on eachlevel with a minimum height of 36 inches to block light spillage from headlights.

(4) Parking structures over one story that front on a public right-of-way musthave the following additional design standards on the facade facing the public right-of-way:

(A) Each story must be differentiated horizontally to minimize thevertical plane of the parking structure facade using changes in wall materials, garage screeningmaterials, or offsets or projections from the face of the adjacent story by a minimum of sixinches.

(B) The horizontal plane of the facade wall of each parking structurestory may not exceed 60 feet without a change in material, color, offset, or projection.

(c) Hotel or motel use or restaurant use in conjunction with a hotel or motel use.Along McKinney Avenue, minimum transparency for street-level structures is 75 percent,excluding openings for a parking structure.

(d) Hotel or motel room fenestrations. Hotel or motel use fenestrations locatedwithin 50 feet of the northwest Property line must be designed to restrict the view from the hotelor motel use to the property located across the alley from the hotel or motel use. Viewrestrictions may be accomplished using inset fenestrations, translucent glazing, or mountedarchitectural elements, which would direct views away from property across the alley.

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(e) Vertical plane of the hotel tower. Any continuous vertical plane of a hotel ormotel use must be altered vertically at a minimum of every 30 feet in elevation using openings,architectural components, articulation in wall detailing, change in texture, or change in color ormaterials, or a combination of these techniques.

SEC. S-111.113. SIGNS.

Signs must comply with the provisions for business zoning districts in Article VII.

SEC. S-lll.114. ADDITIONAL PROVISIONS.

(a) Sidewalks must continue at a level walking surface adjacent to curb-cuts to givepriority to the pedestrian.

(b) Exterior building construction is only allowed between 7 a.m. and 7 p.m.,Monday through Friday.

(c) The Property must be properly maintained in a state of good repair and neatappearance.

(d) Development and use of the Property must comply with all federal and state lawsand 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.

SEC. S-111.115. COMPLIANCE WITH CONDITIONS.

(a) All paved areas, permanent drives, streets, and drainage structures, if any, must beconstructed in accordance with standard city specifications, and completed to the satisfaction ofthe city.

(b) The building official shall not issue a building permit to authorize work, or acertificate of occupancy to authorize the operation of a use, in this subdistrict until there has beenfull compliance with this division, the Dallas Development Code, the construction codes, and allother 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.

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SECTION 4. That development of this subdistrict must comply with the full-scale

version of Exhibit S-l 1 1A (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-ill 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.

SECTION 7. That the zoning ordinances of the City of Dallas and Chapter 51P of the

City Code, as amended, shall remain in full force and effect, save and except as amended

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.

JAN 282015

Dallas

by this

APPROVED AS TO FORM:

.S. ERNST, City Attorney

Assistant City

Passed

Z134-280(AF)(PDS No. 111 in PD No. 193)— Page 9

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APPLICATION: Z134-280

PROPERTY DESCRIPTION

BEING, a part of lots 10 and 11, Block 12/970 of Bowser and Lemmon Oak Lawn and NorthDallas Addition, an addition to the City of Dallas, Dallas County, Texas, conveyed to GibonMcCrorey Holdings LLC, recorded in instrument No. 201100016166, of the Official PublicRecords of Dallas County, Texas, and being more particularly described as follows:

BEGINNING at a cross cut found in concrete at the east corner of Lot 1 1A of McKinney BowenAddition, an addition to the City of Dallas, Dallas County, Texas, as recorded In Volume2003180, Page 28, Map Records, of Dallas County, Texas, and on the northwest right-of-wayline of McKinney Avenue, (a variable width right-of-way);

THENCE North 61 degrees 31 minutes 53 seconds West, along the northeast line of said LothA, a distance of 157.50 feet to a 5/8 inch iron rod with cap stamped “R.P.LS. 5430” set forcorner on the southeast line of a 15 feet wide alley, from which a 1/2 inch iron rod found withcap stamped “Pacheco & Koch” bears North 11 degrees 29 minutes 30 seconds East, 0.53 feet;

THENCE North 27 degrees 56 minutes 07 seconds East, along the southeast line of said alley, ata distance of 100.00 feet to a 1/2 inch iron rod found for the west corner of Lot 9A of3l 19McKinney Ave. Addition, an addition to the City of Dallas, Dallas County, Texas, as recorded inVolume 85145, Page 87, of the Map Records of Dallas County, Texas;

THENCE South 61 degrees 31 minutes 53 seconds East, along the southeast line of said Lot 9A,a distance of 157.50 feet to a 1/2 Inch iron rod found for corner on the aforementioned northwestright-of-way line of McKinney Avenue;

THENCE South 27 degree 56 minutes 07 seconds West, along said northwest right-of-way line,a distance of 100.00 feet, to the point of beginning and containing 15,749 square feet or 0.362 ofan acre of land.

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Case no: Z134-280

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150201

PROOF OF PUBLICATION - LEGAL ADVERTISING

The legal advertisement required for the noted ordinance was published inthe Dallas Morning News, the official newspaper of the city, as required bylaw, and the Dallas City Charter, Chapter XVIII, Section 7.

DATE ADOPTED BY CITY COUNCIL JAN 282015

ORDINANCE NUMBER 2 9

DATE PUBLISHEDJAN 312015

ATTESTED BY:

OFFICE OF CITY SECRETARYW:\PROOF OF PUBLICATIONdocx