ORDINANCE NO An ordinance changing the zoning classification on the following property:

Transcription

1 ORDINANCE NO An ordinnce chnging the zoning clssifiction on the following property: BEING prt of Lots 10 nd 11 in City Block 12/970; fronting pproximtely 100 feet on the northwest line of McKinney Avenue; nd contining pproximtely 15,725 squre feet of lnd, from n LC Light Commercil Subdistrict within Plnned Development District No. 193 (the Ok Lwn Specil Purpose District) to Plnned Development Subdistrict No. 111 within Plnned Development District No. 193; mending Prt II, PD Subdistrict Regultions, of Article 193, PD 193, of Chpter 51P, Dlls Development Code: Plnned Development District Regultions, of the Dlls City Code by creting new Division 5-111; estblishing use regultions nd development stndrds for this plnned development subdistrict; providing penlty not to exceed $2,000; providing sving cluse; providing severbility cluse; nd providing n effective dte. WHEREAS, the city pln commission nd the city council, in ccordnce with the Chrter of the City of Dlls, the stte lw, nd the ordinnces of the City of Dlls, hve given the required notices nd hve held the required public herings regrding the rezoning of the property described in this ordinnce; nd WHEREAS, the city council finds tht it is in the public interest to estblish this plnned development subdistrict; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Z (AF)(PDSNo. 111 inpdno. 193) Pge 1

2 Pge, SECTION 1. Tht the zoning clssifiction is chnged from n LC Light Commercil Subdistrict within Plnned Development District No. 193 to Plnned Development Subdistrict No. 111 within Plnned Development District No. 193 on the property described in Exhibit A, which is ttched to nd mde prt of this ordinnce ( the Property ). SECTION 2. Tht Prt II, PD Subdistrict Regultions, of Article 193, PD 193, of Chpter SiP, Dlls Development Code: Plnned Development District Regultions, of the Dlls City Code is mended by dding new Division S-ill to red s follows: Division S-ill. PD Subdistrict ill. SEC. S-lll.lOl. LEGISLATIVE HISTORY. PD Subdistrict 111 City Council on Jnury 28, ws estblished by Ordinnce No. pssed by the Dlls SEC. S PROPERTY LOCATION AND SIZE. PD Subdistrict 111 Bowen Street. The size of PD Subdistrict is estblished on property locted on McKinney Avenue, northest of 111 is pproximtely 15,725 squre feet of lnd. SEC. S-11l.l03. DEFINITIONS AND INTERPRETATIONS. I () Unless otherwise stted, the definitions nd interprettions in Chpter of this rticle pply to this division. If there is of this rticle, Prt conflict between Chpter 51 nd Prt I 51 nd Prt conflict, this division controls. If there is I of this rticle controls. (b) In this division, SUBDISTRICT mens subdistrict of PD 193. (c) Unless otherwise stted, ll references to rticles, divisions, or sections in this division re to rticles, divisions, or sections in Chpter 51. (d) This subdistrict is considered to be nonresidentil zoning district. Z (AF)(PDS No. 111 in PD No. 193) 2

3 SEC. S EXHIBIT. pln. The following exhibit is incorported into this division: Exhibit S-i i ia: development SEC. S DEVELOPMENT PLAN. () In generl. Except s provided in this section, no development pln is required, nd the provisions of Section regrding submission of or mendments to development pln, site nlysis pln, development schedule, nd lndscpe pln do not pply. (b) Hotel or motel use. For hotel or motel use, development nd use of the Property must comply with the development pln (Exhibit S-ill A). If there is conflict between the text of this division nd the development pln, the text of this division controls. SEC. S MAIN USES PERMITTED. The only min uses permitted in this subdistrict re those min uses permitted in the LC Light Commercil Subdistrict, subject to the sme conditions pplicble in the LC Light Commercil Subdistrict, s set out in Prt I of this rticle. For exmple, use permitted in the LC Light Commercil Subdistrict only by specific use permit (SUP) is permitted in this subdistrict only by SUP; use subject to development impct review (DIR) in the LC Light Commercil Subdistrict is subject to DIR in this Subdistrict; etc. SEC. S ACCESSORY USES. () As generl rule, n ccessory use is permitted in ny subdistrict in which the min use is permitted. Some specific ccessory uses, however, due to their unique nture, re subject to dditionl regultions in Section 51P-i For more informtion regrding ccessory uses, consult Section 5iP-i93.i08. (b) The following ccessory uses re not permitted in this subdistrict: -- Amteur -- Open -- Privte communiction tower. storge. stble. Z (AF)(PDS No. 111 in PD No. 193) Pge 3

4 SEC. S-1l YARD, LOT, AND SPACE REGULATIONS. (Note: The yrd, lot, nd spce regultions in this section must be red together with the yrd, lot, nd spce regultions in Prt I of this rticle. If there is conflict between this section nd Prt I of this rticle, this section controls.) () In generl. Except s provided in this section, the yrd, lot, nd spce regultions for the LC Light Commercil Subdistrict pply. (b) (c) Floor re. Mximum floor re for ll uses combined is 89,250 squre feet. Hotel or motel use. (1) Front yrd. yrd is 17 feet. (A) In generl. Except s provided in this prgrph, minimum front (B) Urbn form. Along McKinney Avenue, minimum front yrd setbck bove 38 feet in height is 25 feet. (2) Side yrd. No minimum side yrd is required. (3) Rer yrd. (A) (B) Structures 50 feet in height or less. Minimum rer yrd is 10 feet. Structures greter thn 50 feet in height. (i) In generl. Minimum rer yrd is 20 feet. (ii) Structure width. Within 50 feet of the northwest Property line, mximum structure width is 35 percent of the width of the lot. (4) Density. Mximum number of guest rooms/suites is 128. (5) Floor re. (A) Hotel or motel use. Mximum floor re is 85,000 squre feet. (B) Meeting spce. Mximum floor re for meeting spce in conjunction with hotel or motel use is 3,000 squre feet. (C) Nonresidentil floor re. Mximum combined floor re for nonresidentil uses in conjunction with hotel or motel use is 7,000 squre feet, including meeting spce. Z (AF)(PDS No. 111 in PD No. 193) Pge 4

5 (6) Height. (A) Except s provided in this prgrph, mximum structure height is 155 feet, mesured from grde long McKinney Avenue. (B) Structures listed in Section 51P (2)() my project up to 12 feet bove the mximum structure height. (7) Lot coverge. (A) In generl. Except s provided in this prgrph, mximum lot coverge is 82.5 percent. Aboveground prking structures re included in lot coverge clcultions; surfce prking lots nd underground prking structures re not. (B) Urbn form. Above 50 feet in height, mximum lot coverge is 54 percent, mesured from grde long from McKinney Avenue. (d) Outdoor swimming pools. (1) Outdoor swimming pools must be locted minimum of 75 feet from the northwest Property line. (2) A minimum 1 0-foot-high solid screening wll or other solid structure is required between n outdoor swimming pooi nd the northwest Property line. The minimum 10- foot-high solid screening wll or other solid screening structure must be locted on the sme level s the pool. SEC. S OFF-STREET PARKING AND LOADING. () In generl. Except s provided in this section, consult Prt I of this rticle for the specific off-street prking nd loding requirements for ech use. (b) Hotel or motel use. (1) Off-street prking. Minimum required off-street prking is one spce per 0.85 guest rooms/suites. (2) Vlet prking. (A) the public right-of-wy. Vehicle queuing, drop-off, nd pick-up re not permitted within Z (AF)(PDS No. 111 in PD No. 193) Pge 5

6 prking structure. (B) (C) Vlet prking, drop-off, nd pick-up must be locted within Pcked prking is llowed for vlet prking only. (3) Prking structure. structure. Avenue. (A) (B) Off-street prking locted on the Property must be within prking At grde off-street prking my not be ccessed from McKinney (C) A prking structure my not exceed two stories in height, mesured t grde long McKinney Avenue. (4) Loding res. Loding res must be enclosed on ll four sides nd ccessed with gted entry tht remins closed except during deliveries. (c) floor re. structure. Resturnt use. (1) Minimum required off-street prking is one spce per 175 squre feet of (2) Vlet prking, drop-off, nd pick-up must be locted within prking (3) Loding res must be enclosed on ll four sides nd ccessed with gted entry tht remins closed except during deliveries. SEC S O. ENVIRONMENTAL PERFORMANCE STANDARDS. () (b) (c) Except s provided in this section, see Article VI. Outside live music is not llowed. Outside mplified sound is not llowed. SEC. S LANDSCAPING. rticle. () (b) Lndscping nd screening must be provided in ccordnce with Prt I of this Plnt mterils must be mintined in helthy, growing condition. Z (AF)(PDS No. 111 in PD No. 193) Pge 6

7 Pge SEC. S DESIGN STANDARDS FOR HOTEL OR MOTEL USE STREET FRONTAGES. () Purpose. Continuous fcdes long pedestrin oriented streets often hve negtive impcts on community esthetics, pedestrin circultion, nd the scle nd rhythm of streetscpes. The design stndrds in this section re intended to mitigte the negtive impct of monotonous, blnk, or inctive fcdes, while llowing cretivity, flexibility, nd vriety in design. (b) Prking structures. (1) Except s provided in this subsection, ll boveground prking structures must comply with Section 51P (). (2) Prking structure fcdes must include t lest one of the following: hevy guge metl screen, pre-cst concrete pnels, lminted glss, photovoltic pnels, or other elements. level with (3) Aboveground prking structures must hve minimum height of 36 inches to block light spillge from hedlights. solid wll or pnel on ech (4) Prking structures over one story tht front on public right-of-wy must hve the following dditionl design stndrds on the fcde fcing the public right-of-wy: (A) Ech story must be differentited horizontlly to minimize the verticl plne of the prking structure fcde using chnges in wll mterils, grge screening mterils, or offsets or projections from the fce of the djcent story by minimum of six inches. (B) The horizontl plne of the fcde wll of ech prking structure story my not exceed 60 feet without chnge in mteril, color, offset, or projection. (c) Hotel or motel use or resturnt use in conjunction with hotel or motel use. Along McKinney Avenue, minimum trnsprency for street-level structures is 75 percent, excluding openings for prking structure. (d) Hotel or motel room fenestrtions. Hotel or motel use fenestrtions locted within 50 feet of the northwest Property line must be designed to restrict the view from the hotel or motel use to the property locted cross the lley from the hotel or motel use. View restrictions my be ccomplished using inset fenestrtions, trnslucent glzing, or mounted rchitecturl elements, which would direct views wy from property cross the lley. Z (AF)(PDS No. 111 in PD No. 193) 7

8 Pge (e) Verticl plne of the hotel tower. Any continuous verticl plne of hotel or motel use must be ltered verticlly t minimum of every 30 feet in elevtion using openings, rchitecturl components, rticultion in wll detiling, chnge in texture, or chnge in color or mterils, or combintion of these techniques. SEC. S SIGNS. Signs must comply with the provisions for business zoning districts in Article VII. SEC. S-lll.114. ADDITIONAL PROVISIONS. () Sidewlks must continue t priority to the pedestrin. level wlking surfce djcent to curb-cuts to give (b) Exterior building construction is only llowed between Mondy through Fridy. 7.m. nd 7 p.m., ppernce. (c) The Property must be properly mintined in stte of good repir nd net (d) Development nd use of the Property must comply with ll federl nd stte lws nd regultions, nd with ll ordinnces, rules, nd regultions of the city. (e) Development nd use of the Property must comply with Prt I of this rticle. SEC. S COMPLIANCE WITH CONDITIONS. () All pved res, permnent drives, streets, nd dringe structures, if ny, must be constructed in ccordnce with stndrd city specifictions, nd completed to the stisfction of the city. (b) The building officil shll not issue certificte of occupncy to uthorize the opertion of building permit to uthorize work, or use, in this subdistrict until there hs been full complince with this division, the Dlls Development Code, the construction codes, nd ll other ordinnces, rules, nd regultions of the city. SECTION 3. Tht, pursunt to Section 51A of Chpter 51A of the Dlls City Code, s mended, the property description in Section 1 of this ordinnce shll be construed s including the re to the centerline of ll djcent streets nd lleys. Z (AF)(PDS No. 111 in PD No. 193) 8

9 i SECTION 4. Tht development of this subdistrict must comply with the full-scle version of Exhibit S-l 1A (development pln) ttched to this ordinnce. A reduced-sized version of this pln shll be provided in Chpter 51P. Permits shll be issued bsed on informtion provided on the full-scle version of the pln. SECTION 5. Tht the city ttorney is uthorized to insert the enrolled number of this ordinnce in the legisltive history section of Division S-ill in Chpter 51P. SECTION 6. Tht person who violtes provision of this ordinnce, upon conviction, is punishble by fine not to exceed $2,000. SECTION 7. Tht the zoning ordinnces of the City of Dlls nd Chpter 51P of the Dlls City Code, s mended, shll remin in full force nd effect, sve nd except s mended by this ordinnce. SECTION 8. Tht the terms nd provisions of this ordinnce re severble nd re governed by Section 1-4 of Chpter 1 of the Dlls City Code, s mended. SECTION 9. Tht this ordinnce shll tke effect immeditely from nd fter its pssge nd publiction, in ccordnce with the Chrter of the City of Dlls, nd it is ccordingly so ordined. APPROVED AS TO FORM:.S. ERNST, City Attorney Assistnt City Pssed JAN Z (AF)(PDS No. 111 in PD No. 193) Pge 9

10 Approved City Pln Commission December 18, 2014 A N DEVLLOPMEN1 PLAN Development Pln Exhibit S-lilA PD 193, PDS No. 111 FLOOR 8824 TOJ8t $ FRI Z CAP) UI $ 2) *2 DEVELOPMPNT PLAN

11 GS Approved Exhibit A APPLICATION: Z PROPERTY DESCRIPTION BEING, prt of lots 10 nd 11, Block 12/970 of Bowser nd Lemmon Ok Lwn nd North Dlls Addition, n ddition to the City of Dlls, Dlls County, Texs, conveyed to Gibon McCrorey Holdings LLC, recorded in instrument No , of the Officil Public Records of Dlls County, Texs, nd being more prticulrly described s follows: BEGINNING t cross cut found in concrete t the est corner of Lot 1 1A of McKinney Bowen Addition, n ddition to the City of Dlls, Dlls County, Texs, s recorded In Volume , Pge 28, Mp Records, of Dlls County, Texs, nd on the northwest right-of-wy line of McKinney Avenue, ( vrible width right-of-wy); THENCE North 61 degrees 31 minutes 53 seconds West, long the northest line of sid Lot ha, distnce of feet to 5/8 inch iron rod with cp stmped R.P.LS set for corner on the southest line of 15 feet wide lley, from which 1/2 inch iron rod found with cp stmped Pcheco & Koch bers North 11 degrees 29 minutes 30 seconds Est, 0.53 feet; THENCE North 27 degrees 56 minutes 07 seconds Est, long the southest line of sid lley, t distnce of feet to 1/2 inch iron rod found for the west corner of Lot 9A of3l 19 McKinney Ave. Addition, n ddition to the City of Dlls, Dlls County, Texs, s recorded in Volume 85145, Pge 87, of the Mp Records of Dlls County, Texs; THENCE South 61 degrees 31 minutes 53 seconds Est, long the southest line of sid Lot 9A, distnce of feet to 1/2 Inch iron rod found for corner on the forementioned northwest right-of-wy line of McKinney Avenue; THENCE South 27 degree 56 minutes 07 seconds West, long sid northwest right-of-wy line, distnce of feet, to the point of beginning nd contining 15,749 squre feet or of n cre of lnd. Zi (AF)(Exhibit A)

12 29622 Z78-2 V V V ;. LI /SUP V V L)1198O A.. i ; / \\ D. PD 193 (PDS / /- /.- /7 4 (PDS 45) MF-2(A) SUP 113 1:2,400 ZONING MAP Cse no: Z

13 PROOF OF PUBLICATION - LEGAL ADVERTISING The legl dvertisement required for the noted ordinnce ws published in the Dlls Morning News, the officil newspper of the city, s required by lw, nd the Dlls City Chrter, Chpter XVIII, Section 7. DATE ADOPTED BY CITY COUNCIL JAN ORDINANCE NUMBER 2 9 DATE PUBLISHED JAN ATTESTED BY: OFFICE OF CITY SECRETARY W:\PROOF OF PUBLICATIONdocx