1402331-22-14

ORDINANCE NO.292 5 7

An ordinance changing the zoning classification on the following property:

BEING a tract of land in City Block 3,955; fronting approximately 230 feet on the north line ofRouth Street; fronting approximately 245 feet on the west line of McKinney Avenuç andcontaining approximately 0.849 acres,

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

Oak Lawn Special Purpose District) to Planned Development Subdistrict No.103 within Planned

Development District No. 193; amending 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 by creating a new Division S-l03; 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:

Z123-283(M\V)(PD 193, Subdaszna No. 103) - Page ; (alternate)

29257 !W233SECTION 1. That the zoning classification is changed from an LC Light Commercial

Subdistrict within Planned Development District No. 1 9 to Planned Development Suhditrict

No. 103 within Planned De elopment District No. 193 on the property descrihcd 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 5 1 P. “Dallas Development Code: Planned De elopment District Regulations.” of the

Dallas City Code is amended by adding a new Division S-103 to read as follows:

“Division 5-103. PD Subdistrict 103.

SEC. S-103. 101. LEGISLATIVE HISTORY.

PD Subdistrict 103 sas established by Ordinance No. , passed by the Dallas CityCouncil on January 22, 2014.

SEC. S-103.102. PROPERTY LOCTI0N A\D SIZE.

PD Subdistrict 103 is established on property generally Iocated at the northwest corner ofMcKinney Avenue and Routh Street. The size of PD Subdistrict 103 is 0849 acres.

SEC. S-103.103 DEFINITIONS AND INTERPRETATIONS.

(a) 1 nless othert ise stated the definitions and interpretations in Chapter 5 1 atd Part‘r l arnce app t this Js sisi It hLrC a this di a’n nrwL if f a

nnt1ie cen apter I nd Part I fthic artele. P trt I f iii1 aiti e control

) I I sdis ion

GROL ND S FOR’i means the toi\ lusest to and abo e uade along the

2) SPECIAL RESIDENTIAL PROJECT means a deciopmcnt havinu:

9257 1 0 33(B) a floor area ratio greater than 4.5: and

(C’) no dii chintz units on the ground ston

(3) SUBDISTRICT means a subdistrict of PD 193.

(4) TRANSPARENCY means the total area of window and door openingsfilled with glass, ecpresscd as a pcrccntage of the total facade area by story.

(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.

SEC. 5403.104. EXHIBIT.

The following exhibit is incorporated into this division: Exhibit S-103A: developmentplan.

SEC. 5-103.105. DEVELOPMENT PLAN.

(a) Foi a special re$dential project. dcvelopment and use of the Property musttomply with the devtlopment plan (Exhibit S-103A). If there is a conflict between the text ofthis disision and the dnelopmcnt plan. tht. tnt ofthis division controls.

(b) For all other uses, a dci elopment plan must be appro ed by the city plancommission beibre the issuance of any building permit to authorize work in this subdistrict. Ifthere is a conflict between the text of this division and the development plan, the text of thisdivision controls.

St. •0 06 Ik SItS ERJI D

(aj L xcept a nrn ‘.I’4 in thN %I’CIi(.fl the •.tfl I’r p—ns’tt’ I n .p, ‘aS!: r%tan. Uosc .idifl ties rernuttea in tue Li. I igw Commercial Suodistntt, %ubject to the sameonl insapplicable n he C Li’atCcnmcrcialsubdi trict ass t nit nPatl ifti’ ar Ic.

I or cxampk.. a usi. permitted in th I C Lion (onwitr’ ml Subdistrict only by spetific u’.c permit(SI ‘P) h permitted in this subdistrict only by SUP: a use subject to deelopment impact review(DIR) in the LU Light Commercial Subdistrict is subject to DIR in this subdistrict: etc.

(Ii) Th’tol (“in adlitionalus i pcriitt’I

‘a • ‘. ,.

2925 140 33SEC. S103. 107. ACCESSORY USES.

(a) .\ a general rule. an accessor\ use is permitted in an\ ubdistriLt in nhich themain use is permitted. Some specific accessor’ uses, honeer, due to their unique nature. aresubject to additional regulations in Section 51P-193.108. For more information regardingaccessory uses, consult Section 51 P- 193. 108.

(b) The following accessory uses are not permitted:

-- Amateur commumcation tower,-- Open storage.-- Private stable.

SEC. S-103.108. 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) jenera1. Except as proided n this section, the yard, lot, and space regulationsfor the LC Light Commercial Subdistrict apply.

ecialreia1roect.

Il) Front yard.

(A) Minimum front yard is as shown on the de elopmcnt plan (ExhibitSi03A).

(B) Outside seating areas. retaining nails. landscaping. and plantersare permitted within the front ard.

q d ‘va. a h t ide i ig i

eqar. r in U, Y e . it:i aea.

(2) Den’at \la\lmum number of Jw eihnu urut N

(3) floor area. Maximum floor ara is 240.000 squale feet for all usescombined The maximum floor area for nonresidential uses is 20.000 square feet Uses that are

to a muItple— t’arnil\ use arc not ncludcd in the calLulatlons of nonrcidentijl floor

(4) Lot coverage.

(A) Except as provided in this paragraph, maximum lot coverage is 80percent; above 36 feet in height. maximum lot coverage is 40 percent.

(B) Underground parking structures are not included in lot coveragecalculations.

SEC. S-103.109. 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) Special residential project.

(1) For an accessory community center (private), one space per 1,000 squarefeet of floor area is required.

(2) All off-street parking must be located underground. For all uses in aspecial residential project, packed parking may count toward the off-street parking requirements.

(3) For valet parking, queuing and drop-off and pick-up are not permittedwithin the public right-of-way. For residential uses, valet parking drop-off and pick-up must belocated underground or within a parking structure, For nonresidential uses, valet parking drop-off and pick-up may be located on the Property at street level.

(4) Loading areas must be located underground, within a parking structure, orenclosed on all four sides with a gated entry that remains closed except during deliveries.

SEC. S-103d10. ENVIRONMENTAL PERFORMANCE STANDARDS.

(a) f andcaping and screening must be prded in rJance with Part I of thisarticle.

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

SEC. S-103.112, SIGNS.

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

SEC. S-103.113. SPECIAL RESIDENTIAL PROJECT DESIGN STANDARD.

(a) A minimum of 50 percent of the multiple-family units must ha.e direct access toan outdoor balcony.

(b) Tower setback (above 36 feet in height) from McKinney Avenue is 25 feet; towersetback (above 36 feet in height) from Routh Street is 36 feet.

(c) Along McKinney Avenue, minimum transparency for the ground story is 50percent: along Routh Street, minimum transparency for the ground story is 25 percent.

(d) Sidewalks along McKinney Avenue must be a minimum of 10 feet wide with aminimum unobstructed width of eight feet. Sidewalks along Routh Street and Howland Streetmust be a minimum unobstructed width of six feet. If the sidewalk is located within the frontyard. a sidewalk easement must be dedicated to the City.

SEC. S4O3.114. ADDITIONAL PROVISIONS.

(a) 1ngçneraI.

(1) 1 he Property must be properly maintaincd in a state of good repair andneat appearance.

(2) Development and use of the Property must comply with all federal andstate laws and regulations, and with all ordinances, rules, and regulations of the city,

(3) Dc clopment and use of the Property mu t comply rith Part I f this

(1) Within a required front ‘ard. maximum height of the outside seating areaflr 18 nche aboe an adjacent sidewalk with i a ge height no greater than 12 inchesahoe the adjacent sidewalk.

(2) Railings for an outside seating area may not exceed 42 inches in heightand must be transparent or at least 50 percent open.

2925 140233SEC. S-103.I15. COMPLIANCE WillI CONDITIONS.

(a) All paved areas, permanent drives, streets, and drainage trnctures. if any, mu$ heconstructed 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 authon’e the operation of a use, in this subdistrict until there has beenfill compliance with this division, the Dallas Des elopment Code, the construction codes, and allother ordinances, rules, and regulations of the city.”

SECTION 3. That, pursuant to Section 51A4.70l 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 ofall adjacent streets and alley&

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

version of Exhibit S-103A (development plan) attached to this ordinance. A reduced-sized

version of this plan shall be prosided in Chapter 51P Pennits shall be issued based on

izSonnation provided on the fiill-sc.ale version of the plan.

StCT ION 5. ihat the city attorney is authorized to insert the enrolled number of this

ordinance in the legislaus e history section ofDa icion S-103 in Chapter 51 p.

SECTION 6. That a person who ‘tolates a pros istun of this ordinance, upon cons iction.

is punishable by a fine not to exceed $2.000.

SECTION 7 That the zoning ordinances of the C th of Dallas and Chapter 51 p il the

DdI.t, Cit (‘ode. as amended, shall icmain in liii! tcrcc and effect. ‘ave and cccpt ac amended

hy this1’rJin-,nc

ft stern dpr ri i wdi a’t ‘hIs.. d e

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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

By___Assistant City Attorney

Passed

ExhibitGIS Approved

EXHIBIT A2619 McKinney Avenue

BEING all that certain lot, tract or parcel of land located in the JOHN GRIGSBY SURVEY,Abstract No. 495,and being a portion of Lot 4, City Block 3/955, AHAB BOWENS ADDITIONan addition to the City ofDallas, DaLlas County, Texas, according to the plat thereof recorded inVolume 183, Page 483, MapRecords, Dallas County, Texas, and being all of the same two tractsof land described in deeds to HardRock Cafe International, (STP), mc, recorded in InstrumentNo. 200116202331 and Instrument No200 116202327, Deed Records, Dallas County, Texas andbeing more particularly described as follows:

BEfNG at a X’ set at the intersection ofthe Northeast line of Routh Street, a 45 foot publicRight-of-Way,with the west line of McKinney Avenue, a 60 foot public Right-of-Way;

THENCE North 45 Degrees 02 minutes 29 seconds West, along the Northeast line of said RoutliStreet, adistance of 23050 feet to a 1/2, inch iron rod with a yellow plastic cap stamped “RPLS5310” set at theintersection of the Northeast line of said Routh Street, with the Northeast line ofRowland Street, a 45foot public Right-of-Way;

THENCE North 12 degrees 30 minutes 00 seconds East, along the East line of said HowlandStreet adistajice of 13540 feet to a 1/2 inch iron rod with a yellow plastic cap stamped ‘RPLS5310” set at theSouthwest Corner of a tract of land described in deed to Cheung-Loon, LLC,recorded in Volume200ll 07, Page 3659, Deed Records, Dallas County, Texas. from which a 1/2inch iron rod found forreference bears South 73 degrees 21 minutes 0 seconds East, a distancef0.9l feet;

THENCE South 73 degrees 2l mmutes 07 seconds East, a distance of 19500 feet to and “X” setin theWest line of said McKinney Avenue, at the southeast corner of caid Cheung-Loori. LLCTract, said Pomtbeing on top of a concrete retaining wail;

THENCE South 12 degrees 30 minutes 00 seconds West. along the West line of said MeKinneyAvenue, adistance of 24500 feet to the PLACE OF BEGINNING and containing 36,992 squarefeet, or 0.849 of anacre of land.

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PROOF OF PUBLICATION LEGAL ADVERTISING

140233

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

ORDINANCE NUMBER

DATE PUBLISHED

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