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

Transcription

1 ORDINANCE NO. 0 An ordinance amending Chapter 51, Dallas Development Code: Ordinance No as amended, and Chapter 51A, Dallas Development Code: Ordinance No as amended, of the Dallas City Code by amending Sections , 51A-4.122, 51A-4.123, 51A-4.125, 51A-4.126, and 51A-4.210; creating a new convenience store with drive-through use and providing appropriate standards for the use; making conforming amendments to the general merchandise or food store 3,500 square feet or less, general merchandise or food store greater than 3,500 square feet, and liquor store uses; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city council finds this code amendment is necessary to protect the health, safety, and welfare of the citizens of the city of Dallas by reducing the occurrence of crime that occurs in convenience stores, lessen the congestion in the streets caused by drivethrough facilities, improve air quality, and ensure the compatibility of convenience stores with surrounding uses; and 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 this amendment to the Dallas City Code; Now, Therefore. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: I)C\ 1014)03 Page 1 (SUP for con\enience store ith drive-throueh)

2 SECTION That Paragraph (10), Liquor Store, of Section , Retail Uses, of Division , Use Regulations, of Article IV, Zoning Regulations, of Chapter 51, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended by adding a new Subparagraph (E), Additional Provisions, to read as follows: (E) Additional provisions: If a use has drive-in or drive-through service and has less than 10,000 square feet of floor area, the use shall be classified as a convenience store with drive-through under Paragraph (23). SECTION 2. That Section , Retail Uses, of Division , Use Regulations, of Article IV, Zoning Regulations, of Chapter 51, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended by adding a new Paragraph (23), Convenience Store with Drive-Through, to read as follows: (23) Convenience store with drive-through. (A) Definition: A business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, that has drive-in or drivethrough service and has less than 10,000 square feet of floor area. For purposes of this definition, CONVENIENCE GOODS means food, beverage, household, personal care, and pharmaceutical items. A gasoline pump is not considered a drive-in or drive-through service. (B) Districts permitted: Specific use permit required in SC, GR, LC, HC, and industrial districts. floor area. (C) (D) (E) Required off-street parking: One space for each 200 square feet of Required off-street loading: None. Additional provisions: (i) A minimum of two stacking spaces must be provided. See Section for more information regarding off-street stacking spaces generally. permitted if the furniture is: (ii) The accessory outside sale and display of furniture is (aa) customarily used outside; and DCA I 01 M03 Page 2 (SUP for convenience store with drive-through)

3 -- Ambulance -- Car -- Convenience -- Home -- Household -- Liquor -- Mortuary (bb) made of a material that is resistant to damage or deterioration from exposure to the outside environment. (iii) The accessory outside sale and display of furniture, other than the furniture described in Section (23)(E)(ii). is permitted only on Saturday and Sunday. (iv) Stores. of the Dallas City Code. This use must comply with Chapter 12B. Convenience SECTION 3. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (b), Community Retail (CR) District, of Section 51A-4.122, Retail Districts, of Division 51A , Nonresidential District Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: -- Dry beverage establishments. [See Section 51A (b)(4).] service. shelter or clinic without outside runs. service center. wash. [DIR] See Section 5 IA O(b)( 7)(B).] amusement (outside). [SUP] store with drive-through. [SUP! cleaning or laundry merchandise or food store 3,500 square feet or merchandise or food store greater than 3,500 square feet. merchandise or food store square feet or more. [SUP] improvement center, lumber, brick or building materials sales yard. [DIR] equipment and appliance repair. funeral home. or commercial wedding chapel. DCA IO1OO3 Page 3 (SUP for convenience store with drive-through)

4 -- Motor -- Nursery, -- Pawn -- Temporary -- Car - Convenience -- Home -- Household vehicle fueling station. garden shop, or plant sales. shop. -- Personal service uses. without drive-in or drive-through service. with drive-in or drive-through service. [DIR] -- Swap or buy shop. [SUP] retail use. -- Theater. SECTION 4. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (c), Regional Retail (RR) District, of Section 5 1A , Retail Districts, of Division 51A-4.120, Nonresidential District Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: -- Dry beverage establishments. [See Section 5]A (b)(4).] Ambulance service. shelter or clinic without outside runs. shelter or clinic with outside runs. [SUP] service center. wash. See Section 5]A-4.2]O(b)( 7)(B).] amusement (outside). [SUPI store with drive-through. [SUP! cleaning or laundry merchandise or food store 3,500 square feet or merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. improvement center, lumber, brick or building materials sales yard. equipment and appliance repair. DCA Page 4 (SUP for convenience store ith drive-through)

5 -- Liquor -- Vehicle -- Drive-in -- Dry Mortuary, funeral home, or commercial wedding chapel. -- Motor vehicle fueling station. -- Nursery, garden shop, or plant sales. -- Outside sales. [SUP] -- Pawn shop. -- Personal service uses. without drive-in or drive-through service. with drive-in or drive-through service. [DIR] -- Swap or buy shop. [SUP] -- Temporary retail use. -- Theater. display, sales, and service. SECTION 5. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (a), Commercial Service (CS) District, of Section 51A-4.123, Commercial Service and Industrial Districts, of Division 51A-4.120, Nonresidential District Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: -- Ambulance -- Car beverage establishments. [See Section 5]A (b)(4).] service. shelter or clinic without outside runs. shelter or clinic with outside runs. [SUP may be required. See Section 5]A-4.2]0(b)(2).] service center. wash. See Section 5]A-4.2]O(b)(7)(B).] amusement (outside). [DIR] motor vehicle parking. [By SUP only if within 500 feet of a residential district.] Convenience store with drive-through. [SUP! theater. [SUP] cleaning or laundry DCA Page 5 (SUP for convenience store with drive-through)

6 Page -- Home -- Outside -- Pawn -- Swap -- Temporary -- Vehicle General merchandise or food store 3,500 square feet or merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. [SUP] improvement center, lumber, brick or building materials sales yard. Household equipment and appliance repair. Liquor Mortuary, funeral home, or commercial wedding chapel. -- Motor vehicle fueling station. -- Nursery, garden shop, or plant sales. sales. [SUP] shop. -- Personal service uses. without drive-in or drive-through service. with drive-in or drive- through service. [DIR] or buy shop. [SUP] -- Taxidermist. retail use. -- Theater. -- Truck stop. [SUP] display, sales, and service. SECTION 6. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (c), Industrial Research (IR) District, of Section 51A-4.123, Commercial Service and Industrial Districts, of Division 51A-4.i20, Nonresidential District Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: beverage establishments. [See Section 51A (b)(4).] shelter or clinic without outside runs. shelter or clinic with outside runs. [SUP tna be required. See Section 51A O(b )(2).] service center. DCA SUP for convenience store with drive-through)

7 -- Household -- Temporary -- Truck -- Vehicle S1 Business -- Car -- Home -- Motor -- Pawn -- Personal wash. See Section 5]A-4.2]0(b)(7)(B).] motor vehicle parking. [By SUP only if within 500 feet of a residential district.] Convenience store with drive-through. [SUP! Dry cleaning or laundry merchandise or food store 3,500 square feet or improvement center, lumber, brick or building materials sales yard. equipment and appliance repair. vehicle fueling station. shop. service uses. without drive-in or drive-through service. with drive-in or drive-through service. [DIR] retail use. Theater. stop. [SUPJ display, sales, and service. IRAR] SECTION 7. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (d), Industrial Manufacturing (IM) District, of Section 51A-4.123, Commercial Service and Industrial Districts, of Division 51A-4.120, Nonresidential District Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: beverage establishments. [See Section 5]A- 4.2]0(b)(4).] shelter or clinic without outside runs. shelter or clinic with outside runs. [SUP may be required. See Section 5]A-4. 2] 0(b)(2).] service center. DCA IO1OO3 Page 7 (SUP for convenience store with drive4hrough)

8 -- Drive-in -- Pawn -- Truck -- Vehicle -- Car Car wash. Commercial See Section 5]A-4.2]0(b)(7)(B).] motor vehicle parking. [By SUP only if within 500 feet of a residential district.] Convenience store with drive-through. [SUP! theater. [SUP] -- Dry cleaning or laundry merchandise or food store 3,500 square feet or -- Home improvement center, lumber, brick or building materials sales yard. -- Household equipment and appliance repair. -- Motor vehicle fueling station. shop. -- Personal service uses. without drive-in or drive-through service. with drive-in or drive-through service. [DIR] -- Temporary retail use. -- Theater. stop. [SUPI display, sales, and service. SECTION 8. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (e), MU-2 and MU-2(SAH) Districts, of Section 5 1A , Mixed Use Districts, of Division 5 1A , Nonresidential District Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: beverage establishments. [See Section 5]A- 4.2] 0(b)(4).] shelter or clinic without outside runs. service center. [RARJ wash. See Section 5]A-4.210(b)(7)(B).] Commercial amusement (outside). [SliP] DCA Page 8 (SUP tor convenience store with drive-through)

9 -- Convenience -- Dry -- Household -- Mortuary, -- Motor -- Nursery, -- Personal -- Temporary -- Car -- Convenience -- Dry store with drive-through. [SUP! cleaning or laundry merchandise or food store 3,500 square feet or merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. [SUP] equipment and appliance repair. -- Liquor funeral home, or commercial wedding chapel. vehicle fueling station. garden shop, or plant sales. service uses. without drive-in or drive-through service. with drive-in or drive-through service. [DIR] -- Swap or buy shop. [SUP] retail use. -- Theater. SECTION 9. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (f), MU-3 and MU-3(SAH) Districts. of Section 51A-4.125, Mixed Use Districts, of Division 51A-4.120, Nonresidential District Regulations, of Article IV, Zoning Regulations, of Chapter 51A. Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: beverage establishments.[see Section 5]A O(b)(4). I shelter or clinic without outside runs. service center. [RARJ wash. See Section 5]A-4.2]O(h)(7)(B).] amusement (outside). [SUP] store with drive-through. [SUP! cleaning or laundry DCA 10L003 Page 9 (SUP for convenience store with drive-througlu

10 -- Liquor -- Motor -- Nursery, -- Personal -- Swap -- Temporary -- Convenience -- Dry merchandise or food store square feet or merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. [SUP] -- Household equipment and appliance repair. -- Mortuary. funeral home, or commercial wedding chapel. vehicle fueling station. garden shop, or plant sales. service uses. without drive-in or drive-through service. with drive-in or drive-through service. [DIR] or buy shop. [SUP] retail use. -- Theater. SECTION 10. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (d), MC-1 District, of Section 51A-4.126, Multiple Commercial Districts, of Division 51A-4.120, Nonresidential District, of Article IV, Zoning Regulations. of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: beverage establishments. [See Section 5]A- 4.2]O(b)(4).] shelter or clinic without outside runs. [RARJ service center. See Section 51A O(b)( 7)(B).] amusement (outside). [SUP] store with drive-through. [SUP 1 cleaning or laundry merchandise or food store square feet or DCA 101M03 Page 10 (SUP thr convenience store with drive4hrough)

11 - General -- Mortuary, -- Motor merchandise or food store greater than 3,500 more. [SUPJ square feet. merchandise or food store 100,000 square feet or funeral home, or commercial wedding chapel. vehicle fueling station. as amended, of the Dallas City Code is amended to read as follows: IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No Commercial Districts, of Division 51A-4.120, Nonresidential District Regulations, of Article (2), Main Uses Permitted, of Subsection (e), MC-2 District, of Section 5 IA-4.126, Multiple SECTION 11. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph -- Nursery, -- Personal -- Swap -- Temporary -- Theater. -- Car -- Convenience -- Dry -- Household DCA I (II M03 Page 1 1 SUP for convenience store with drive through See Section 5]A O(b)( 7)(B).] 4.210(b)(4).] beverage establishments. [See Section 51A- shelter or clinic without outside runs. service center. wash. amusement (outside). [SUP] store with drive-through. [SUP! cleaning or laundry merchandise or food store greater than 3,500 equipment and appliance repair. merchandise or food store square feet or square feet. more. [SUP] merchandise or food store 100,000 square feet or without drive-in or drive-through service. with drive-in or drive-through service. [DIR] retail use. garden shop, or plant sales. or buy shop. [SUP] service use

12 Page -- Mortuary, -- Motor -- Nursery, -- Car -- Liquor -- Mortuary, Liquor funeral home, or commercial wedding chapel. vehicle fueling station. garden shop, or plant sales. -- Personal service use. without drive-in or drive-through service. with drive-in or drive-through service. [DIR] -- Swap or buy shop. [SUP] -- Temporary retail use. -- Theater. SECTION 12. That Subparagraph (J), Retail and Personal Service Uses. of Paragraph (2), Main Uses Permitted, of Subsection (f), MC-3 and MC-4 Districts, of Section 51A , Multiple Commercial Districts, of Division 51A-4.120, Nonresidential District Regulations, of Article IV, Zoning Regulations, of Chapter 5 1A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: -- Ambulance -- Household beverage establishments. [See Section 5]A- 4.2]O(b)(4).] service. shelter or clinic without outside runs. [R.4R] service center. wash. See Section 5]A-4.210(b)(7)(B).] amusement (outside). [SUP] Convenience store with drive-through. [SUP 1 Dry cleaning or laundry merchandise or food store square feet or merchandise or food store greater than square feet. merchandise or food store 100,000 square feet or more. [SUP] equipment and appliance repair. funeral home, or commercial wedding chapel. DCA (SUP for convenience store with drive-through)

13 Page -- Motor -- Nursery, -- Personal -- Swap -- Temporary vehicle fueling station. garden shop, or plant sales. service use. without drive-in or drive-through service. IRARI with drive-in or drive-through service. [DIR] or buy shop. [SUP] retail use. -- Theater. SECTION 13. That Subsection (b), Specific Uses, of Section 51A-4.210, Retail and Personal Service Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended by adding a new Paragraph (9.1), Convenience Store with Drive-Through, to read as follows: (9.1) Convenience store with drive-through. (A) Definition: A business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, that has drive-in or drivethrough service and has less than 10,000 square feet of floor area. For purposes of this definition, CONVENIENCE GOODS means food, beverage, household, personal care, and pharmaceutical items. A gasoline pump is not considered a drive-in or drive-through service. (B) Districts permitted: By SUP only in CR, RR, CS, JR. IM, MU-2, MU-3, and multiple commercial districts. area. (C) (D) (E) Required off-street parking: One space per 200 square feet of floor Required off-street loading: One space. Additional provisions: (i) A minimum of two stacking spaces must be provided. See Section 51A for more information regarding off-street stacking spaces generally. permitted if the furniture is: (ii) The outside sale, display, or storage of furniture is (aa) customarily used outside: and DCA (SUP for con\enience store with drive-through)

14 (bb) made of a material that is resistant to damage or deterioration from exposure to the outside environment. (iii) The outside sale, display, or storage of furniture, other than the furniture described in Section 51A-4.210(b)(9.1)(E)(ii), is permitted only on Saturday and Sunday. (iv) Stores, of the Dallas City Code. This use must comply with Chapter 12B, Convenience SECTION 14. That Subparagraph (A), Definition, of Paragraph (13), General Merchandise or Food Store 3,500 Square Feet or Less, of Subsection (b), Specific Uses, of Section 51A-4.210, Retail and Personal Service Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (A) Definition: A retail store with a floor area of square feet or less for the sale of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationery, pets, drugs, auto parts and accessories, and similar consumer goods. The term food store includes a grocery store, delicatessen. convenience store without drivethrough, and specialty foods store[sj. This usc does not include other uses in this article that are specifically listed. [a4j SECTION 15. That Subparagraph (A), Definition, of Paragraph (14). General Merchandise or Food Store Greater than 3,500 Square Feet, of Subsection (b), Specific Uses, of Section 5lA-4.210, Retail and Personal Service Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51A. Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (A) Definition: A retail store with a floor area greater than 3,500 square feet but less than 100,000 square feet for the sale of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, gifts, flowers and household plants, dry goods. toys, furniture, antiques, books and stationery, pets, drugs. auto parts and accessories, and similar consumer goods. The term food store includes a grocery store, delicatessen, convenience store without drive-through, and specialty foods store[sj. This use does not include other uses in this article that are specifically listed. [n4j DCA Page 14 (SUP for convenience store with drive-through)

15 SECTION 16. That Subparagraph (E), Additional Provisions, of Paragraph (17), Liquor Store, of Subsection (b), Specific Uses, of Section 51A-4.210, Retail and Personal Service Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (E) Additional provisions: If this use has a drive-through facility, a minimum of two See Section 51A for more information regarding off- (i) stacking spaces must be provided. street stacking spaces generally. jj If a use has drive-in or drive-through service and has less than square feet of floor area, the use shall be classified as a convenience store with drive-through under Paragraph (9.1). SECTION 17. That the director of sustainable development and construction shall revise the use charts to reflect the change in use regulations made by this ordinance, and shall provide these charts for publication in the Dallas Development Code. SECTION 18. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 19. That Chapters 51 and 51A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 20. 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. DCA I(H-003 Page 15 (SUP for convenience store with drie-through)

16 SECTION 21. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney Passed DEC 0?O1O DCA IOUO(>3 Page 16 (SUP for convenience store with drivethrough)