PILLAR: Growing
AGENDA DATE: October 14, 2026
COUNCIL DISTRICT(S): 1
DEPARTMENT: Department of Planning and Development
PRIORITY: Comprehensive and Land Use
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SUBJECT
Title
An ordinance authorizing a correction to Ordinance No. 33439, Historic Overlay District No. 159, previously approved on May 27, 2026, which amended Chapter 51A of the Dallas Development Code, as amended, to correct Section 9.1 to restore the accurate list of permitted residential rental uses as submitted to the City Attorney’s Office - Financing: No cost consideration to the City
*In alignment with ForwardDallas.
Body
BACKGROUND
On May 27, 2026, the City Council adopted Historic Overlay District No. 159 (Wesley Inn). After adoption, the staff and the applicant identified that Section 9.1, as finalized in the Stamped & Signed Ordinance, does not match Section 9.1 submitted to the City Attorney’s Office (CAO) in the Ordinance Review Packet.
This discrepancy occurred during ordinance finalization and resulted in an incorrect list of permitted uses being published in the stamped ordinance. Because the building at 1159 North Madison Avenue is legally nonconforming without the correct permitted uses listed, the applicant is unable to obtain a Certificate of Occupancy until Section 9.1 is corrected.
To support the correction of this drafting error, both versions of Section 9.1 are provided below.
Correct Section 9.1 (as submitted in CAO Ordinance Review Packet)
Source: CAO Ordinance Packet, pp. 9 - 10 (of ordinance)
Section 9.1 - Correct Version:
The following residential rental uses, as defined in Section 51A-4.205 of the Dallas Development Code, are permitted as a main or accessory use:
a. Hotel or motel
b. Short-term rental lodging
c. Extended stay hotel or motel
d. Residential hotel
e. Multifamily
f. Single-family
g. Duplex
h. Retirement housing
Incorrect Section 9.1 (as shown in the Stamped & Signed Ordinance)
Source: Stamped & Signed Ordinance, p. 10
Section 9.1 - Incorrect Version:
The stamped ordinance inadvertently replaced the correct residential rental uses with the following list, which does **not** match the zoning entitlements for Historic Overlay District No. 159 and prevents issuance of a Certificate of Occupancy:
a. Duplex
b. Extended stay hotel or motel
c. Handicapped group dwelling unit (SUP required if spacing component of Section 51A-4.209(b)(3.1) is not met)
d. Multifamily
e. Residential hotel
f. Retirement housing
g. Short-term rental lodging
h. Single family
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
No cost consideration to the City.
MAP
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