Embedded Files
Abridged and unofficial document.
Amendments (4/14/10)
Exhibit 758A - Conceptual Plan
Exhibit 758B - Streets Plan
Exhibit 758C - Mixed Use Development Parking Chart
General Details - Development Plan Required.
Infrastructure - Visibility triangles, street construction and pedestrian lighting
Landscaping
Mandatory Provisions - may be varied by CPC.
Tree Planting Zone
Surface Parking Area Trees
Structured Parking Trees
Sidewalks
Design Standards (20 points minimum)
Tree Mitigation and Protection
To be completed by June 13, 2012
Additional Provisions
Pedestrian/Bicycle Paved Pathway
SEC. 51P-758.101. LEGISLATIVE HISTORY.
PD 758 was established by Ordinance No. 26786, passed by the Dallas City Council on June 13,
2007. (Ord. 26786) Amended April 14, 2010.
SEC. 51P-758.102. PROPERTY LOCATION AND SIZE.
PD 758 is established on property located on both sides of Walnut Hill Lane, east of Skillman
Street. The size of PD 758 is approximately 69.27 acres. (Ord. 26786)
SEC. 51P-758.103. CREATION OF SUBAREAS.
This district is divided into Subareas A, B, C, and D, as shown on the conceptual plan. (Ord. 26786)
Definitions:
(3) LARGE TREE means a tree with a minimum caliper of three inches, or a
minimum height of 12 feet, depending on the standard measuring technique for the species.
(4) LARGE SHRUB means a shrub with a minimum height of three feet.
(5) SMALL TREE means a tree taller than six feet but less than twelve feet in
height.
SEC. 51P-758.105. CONCEPTUAL PLAN.
Development and use of the Property must comply with the conceptual plan (Exhibit 758A). If a
conflict exists between the text of this article and the conceptual plan, the text of this article controls.
(Ord. 26786)
SEC. 51P-758.106. DEVELOPMENT PLAN.
(a) Except as provided in this section, a development plan must be approved by the city plan
commission before the issuance of any building permit to authorize work in this district.
(b) For a public park, playground, or golf course use, a development plan must be approved
by the park and recreation board, and an approved copy of the development plan must be submitted to the
director of development services before the issuance of any building permit to authorize the development
of a public park, playground, or golf course use in this area.
(c) If a conflict exists between the text of this article and a development plan, the text of this
article controls.
(d) The building official may issue building permits for the following work without the
approval of a development plan:
(1) the repair of existing structures;
(2) demolition of existing structures;
(3) grading;
(4) the installation of fencing or other structures for security purposes;
(5) work associated with permitted temporary uses; and
(6) work intended to provide for irrigation or maintenance of landscaping.
(e) Development plans may be submitted in phases.
(f) For single family uses, a preliminary plat may serve as the development plan and must be
submitted to city plan commission for approval.
(g) The portion of Section 51A-4.702(c)(5) requiring submission of a development plan
within six months of the city council’s approval of this district does not apply.
(h) In addition to the requirements in Section 51A-4.702, the development plan must also
include the following:
(1) The cumulative floor area broken out into use categories, total number of
dwelling units, and total amount of open space for:
(A) the building site;
(B) the subarea in which the building site is located; and
(C) the district.
(2) Ingress and egress locations.
(3) Measurements of visibility triangles, showing that they remain unobstructed as
required by Section 51P-758.110.
(i) Development plans do not have to show the location of signs. (Ord. 26786)
SEC. 51P-758.109. YARD, LOT, AND SPACE REGULATIONS.
(b) Open space.
(1) Open space must be provided as shown on the conceptual plan.
(2) Except as otherwise provided, open space must be unobstructed to the sky.
(3) Open space may not contain any permanent structures except:
(A) structures supporting pedestrian or outdoor recreational uses;
(B) kiosks that provide information related to the open space;
(C) security, audio-visual, recreational, or maintenance equipment; and
(D) streets and bridges that traverse the open space if they are approved by
the director of public works and transportation.
(4) Open space that is dedicated and accepted as park land will still be considered
open space under this article.
....
SEC. 51P-758.110. VISUAL OBSTRUCTION REGULATIONS.
(a) Except as provided in this section, the visual obstruction regulations in Section 51A-
4.602(d) apply in this district.
(b) The visibility triangle is the portion of a corner lot within a triangular area formed by
connecting together the point of intersection of adjacent street curb lines (or, if there are no street curbs,
what would be the street curb lines) and points on each of the street curb lines 30 feet from the
intersection.
(c) A 45-foot visibility triangle is required at:
(1) the Skillman Street and Walnut Hill Lane intersection; and
(2) all ingress and egress points intersecting with Walnut Hill Lane. (Ord. 26786)
SEC. 51P-758.111. INTERNAL STREET STANDARDS.
(a) In general.
(1) The regulations in this section apply to all internal public and private streets
within this district except alleys and driveways.
(2) Except as provided in this section, internal streets must be constructed in
accordance with this section and the rights-of-way standards and pavement widths as shown in the street
sections (Exhibit 758B), which includes residential, retail, and park-side street sections. If there is a
conflict between the text of this article and Exhibit 758B, the text of this article controls.
(3) Minimum pavement widths include on-street parking. Neck-downs and
landscape islands are permitted in that portion of the minimum pavement width designated for on street
parking.
(b) Street plan. A street plan showing the layout of streets and the applicable street section,
must be approved by the director of public works and transportation and submitted with the development
plan to the city plan commission for approval. Internal streets must be provided as shown on the street
plan and street sections.
(c) Street sections.
(1) Residential street sections A and B. The minimum right-of-way is 60 feet, and
the minimum pavement width is 40 feet from back-of-curb to back-of-curb. This street section may be
applied to all subareas.
(2) Retail street section A. The minimum right-of-way is 148 feet, and each couplet
section must be constructed with a minimum pavement width of 42 feet from back-of-curb to back-ofcurb.
This street section may be applied to Subareas A, B, or C.
(3) Retail street section B. The minimum right-of-way is 92 feet, and the minimum
pavement width is 70 feet from back-of-curb to back-of-curb. This street section may be applied to
Subareas A, B, or C.
(4) Park-side street section. The minimum right-of-way is 62 feet, and the minimum
pavement width is 40 feet from back-of-curb to back-of-curb. This street section may be applied to all
subareas.
(d) Alternate street sections.
(1) To deviate from Exhibit 758B, an alternate street section must be approved by
the director of public works and transportation and approved by city plan commission along with the
development plan.
(2) To be approved, an alternate street section must provide a street width that
reduces vehicle speeds and promotes a pedestrian-friendly environment. An alternate street section may
not reduce the minimum sidewalk width or tree planting zone requirements. (Ord. 26786)
SEC. 51P-758.112. PARKING AND LOADING.
....
(e) Screening of off-street loading spaces and areas.
(1) Off-street loading spaces and any area used for loading and unloading must be
screened if visible from a public street or neighboring lot.
(2) The screening must be at least six feet in height measured from the horizontal
plane passing through the nearest point of the off-street loading space and may be provided by using any
of the methods for providing screening described in Section 51A-4.602(b)(3), except that garbage storage
areas must be visually screened by a masonry wall.
(3) Evergreen plant materials are encouraged to satisfy screening requirements.
SEC. 51P-758.114. ENVIRONMENTAL PERFORMANCE STANDARDS.
(a) In general. Except as otherwise provided in this section, Article VI applies.
(b) Pedestrian-scale lighting. Pedestrian-scale lighting that provides a minimum maintained
average illumination level of 1.5 footcandles must be provided along sidewalks adjacent to internal
streets. In this subsection, pedestrian-scale lighting means lighting that emanates from a source that is no
more than 14 feet above the grade of the sidewalk or a pedestrian light fixture approved by the director of
public works and transportation. The design and placement of both the standards and fixtures must be
approved by the director of public works and transportation. Unless otherwise provided, each property
owner is responsible for the cost of installation, operation, and maintenance of the lighting on their
property or in the public right-of-way adjacent to their property. (Ord. 26786)
SEC. 51P-758.115. LANDSCAPING.
(a) Landscape plan.
(1) Except as provided in this section, a landscape plan must be submitted with the
development plan and approved by the city plan commission before issuance of a building permit to
authorize work in this district. Landscaping must be provided as shown on the landscape plan.
(2) A landscape plan is not required for:
(A) a public park use;
(B) the repair of existing structures;
(C) demolition;
(D) grading;
(E) the installation of fencing or other structures for security purposes;
(F) work associated with permitted temporary uses;
(G) work intended to provide for the irrigation or maintenance of
landscaping; or
(H) the reconstruction or restoration of a building that has been damaged or
destroyed by fire, explosion, flood, tornado, riot, act of public enemy, or accident of any kind if that
reconstruction or restoration does not increase:
(i) the number of buildings on the lot;
(ii) the number of stories in a building on the lot;
(iii) the floor area of any building on the lot by more than 10 percent
or 10,000 square feet, whichever is less; or
(iv) the nonpermeable coverage of the lot by more than 2,000 square
feet.
(3) A landscape plan must be submitted with two blue-line or black-line prints. The
plan must have a scale of one inch equals 50 feet or larger (e.g. one inch equals 40 feet, one inch equals
30 feet, etc.) and must be on a standard drawing sheet no greater than 56 inches by 48 inches. A plan that
is not drawn in its entirety on a 36 inch by 48 inch sheet must be drawn with appropriate match lines on
two or more sheets.
(4) A landscape plan must contain the following information:
(A) Date, scale, north point, and the names, addresses, and telephone
numbers of both the property owner and the person preparing the plan.
(B) Location of existing boundary lines and dimensions of the lot, the zoning
classification of the lot, the subarea classification of adjacent properties and a vicinity map.
(C) Approximate centerlines of existing water courses and the location of the
100-year flood plain, the escarpment zone, and geologically similar areas, if applicable; the approximate
location of significant drainage features; and the location and size of existing and proposed streets and
alleys, utility easements, driveways, and sidewalks on or adjacent to the lot.
(D) Project name, street address, and lot and block description.
(E) Location, height, and material of proposed screening and fencing (with
berms to be delineated by one-foot contours).
(F) Locations and dimensions of proposed landscape buffer strips.
(G) Complete description of plant materials shown on the plan, including
names (common and botanical name), locations, quantities, container or caliper sizes at installation,
heights, spread, and spacing. The location and type of all existing trees on the lot over six inches in
caliper must be specifically indicated.
(H) Complete description of landscaping and screening to be provided in or
near off-street parking and loading areas, including information as to the amount (in square feet) of
landscape area to be provided interior to parking areas and the number and location of required off-street
parking and loading spaces.
(I) An indication of how existing healthy trees proposed to be retained will
be protected from damage during construction.
(J) Size, height, location, and material of proposed seating, lighting,
planters, sculptures, and water features.
(K) A description of proposed watering methods.
(L) Location of visibility triangles on the lot (if applicable).
(M) Tabulation of design standard points earned by the plan [See Subsection
(c)].
(N) Percentage of lot coverage, impervious area, and front yard landscape
area.
(O) Total size of pedestrian facilities, special amenities, and enhanced
pavement each.
(P) The total tree mitigation for the district as a running total and the total of
proposed tree replacement plantings and alternate tree mitigation methods for that landscape plan. Each
landscape plan should subtract tree mitigation credit after a landscape plan has been approved by city plan
commission.
(Q) The adjacent parkway area and any landscaping within the parkway area.
(5) All landscape plans must comply with the mandatory provisions in Subsection (b). The city plan commission
may approve a landscape plan that does not comply with the requirements of this section if:
(A) strict compliance with this section is impractical due to site constraints or
the location of protected trees, or would result in substantial hardship;
(B) the landscape plan complies with the spirit and intent of this section;
(C) the landscape plan furthers the stated purpose of this section; and
(D) the variation or exception from this section will not adversely affect
surrounding properties.
(b) Mandatory provisions.
(1) In general. Trees must be planted no closer than 2.5 feet on center from any curb
or paved surface. Large trees must be planted no closer than 10 feet on center from a building wall and no
closer than 20 feet on center from another large tree.
(2) Parkway trees.
(A) Tree planting zone. In this section, the tree planting zone is that area
located in the parkway, parallel to and between 2.5 and 10 feet from the back of the street curb.
(B) Number, location, and type of trees required. Each lot must have one or
more trees whose trunks are located wholly within the tree planting zone. The number of required caliper inches per block face is
determined by dividing the block face, excluding driveways and visibility
triangles, by 25. This number is then multiplied by 3.5 to determine the total caliper inches for that block face.
Fractions are rounded to the nearest whole number, with .5 being rounded up to the next
whole number. Required trees must be of a species recommended by the building official. Protected trees relocated from another location on the property and preserved trees may be counted toward the number of required caliper inches. Trees located in the median of Wildcat Way may be counted towards the required caliper inches for Wildcat Way.
(C) Parkway landscape permits and alternate tree planting options. The
property owner must apply for a parkway landscape permit before any required trees may be planted in
the parkway. If a property owner cannot obtain a parkway landscape permit to locate a required tree in the
parkway, the property owner must locate the tree in the required front yard as near as practicable to the
front lot line. If a lot has no front yard requirement and the property owner cannot obtain a parkway
landscape permit to locate the required tree in the parkway, the property owner need not provide that
required tree.
(D) Minimum tree height and trunk caliper. Required trees must have a
minimum height of 14 feet and a minimum trunk caliper of three-and-one-half inches (3.5") measured at a point
12 inches above the root ball at the time of installation. For this provision, height is measured from the
top of the root ball or, if the plant is in a container, from the soil level in the container.
(E) Tree spacing requirements. Required trees must be spaced as uniformly
as practicable. The maximum spacing between required trees is 50 feet on center,
excluding open spaces or pedestrian plazas designated on an approved development plan.
(3) Surface parking area trees and landscaping. The following regulations apply to surface parking lots.
(A) All required parking spaces must be within 100 feet of a large canopy tree.
(B) Parking lots must be divided into sections containing no more than 120
parking spaces. Parking lot sections must be divided by landscaped dividers with a minimum width of
eight feet. Landscaped dividers must have large canopy trees spaced at a maximum of 30 feet on center
and ground cover or shrubs. Parking lot sections may contain up to 160 parking spaces if, in addition to
the landscape dividers, each grouping of parking rows is divided by a landscape island of a minimum of
20 square feet per row of cars. Landscaped islands must have ground cover and trees or shrubs.
(C) A landscaped buffer strip with a minimum width of 20 feet must be
located between any parking area and Skillman Street or Walnut Hill Lane. The landscape buffer may be
interrupted by vehicular and pedestrian access areas. The landscape buffer strip may be located in whole
or in part in the public right-of-way. The landscape buffer strip must have an evergreen berm with a
minimum height of three feet. If the topography prevents installation of a berm, an evergreen hedge with
a minimum height of three feet may be substituted. The landscape buffer must also have large canopy
trees spaced at a maximum of 30 feet on center.
(4) Structured parking trees and landscaping. The following regulations apply to the
highest level of a parking structure that is unobstructed to the sky and is visible from an adjacent street
right-of-way.
(A) Parking must be screened with
(i) a solid parapet wall to a minimum of three feet in height above the parking surface, or
(ii) a landscape buffer strip with an evergreen berm or an evergreen hedge
with a minimum height of three feet at time of planting.
(B) An ornamental tree in a landscape planter is required at the ends of each
parking row.
(5) Private license granted.
(A) The city council hereby grants a revocable, non-exclusive license to the
owners or tenants (with the written consent of the owner) of all property in this district for the exclusive
purpose of authorizing compliance with the parkway landscaping requirements of this article. An owner
or tenant is not required to pay an initial or annual fee for this license, although a fee may be charged for
issuance of a parkway landscape permit. This private license will not terminate at the end of any specific
period, however, the city council reserves the right to terminate this license at will, by resolution passed
by the city council, any time such termination becomes necessary. The determination by the city council
of the need for termination is final and binding. The city shall become entitled to possession of the
licensed area without giving any notice and without the necessity of legal proceedings to obtain
possession when, in its judgment, the purpose or use of the license is inconsistent with the public use of
the right-of-way or when the purpose or use of the license is likely to become a nuisance or a threat to
public safety. Upon termination of the license by the city council, each owner or tenant shall remove all
improvements and installations in the public rights-of-way to the satisfaction of the director of public
works and transportation.
(B) An owner or tenant is not required to comply with any landscaping requirement to the extent that
compliance is made impossible due to the city council's revocation of the private license granted by this subsection.
(C) Upon the installation of landscaping and related amenities, such as
irrigation systems, in the public rights-of-way, the owner or tenant shall procure, pay for, and keep in full
force and effect commercial general liability insurance coverage with an insurance company authorized to
do business in the State of Texas and otherwise acceptable to the city, covering, but not limited to, the
liability assumed under the private license granted under this subsection, with combined single limits of
liability for bodily injury and property damage of not less than $1,000,000 for each occurrence, and
$2,000,000 annual aggregate. Coverage under this liability policy must be on an occurrence basis and the
city shall be named as additional insured. Proof of such insurance must be sent to: Office of Risk
Management, City of Dallas, 1500 Marilla, Dallas, Texas 75201, and the policy must provide for 30 days
prior written notice to the Office of Risk Management of cancellation, expiration, non-renewal, or
material change in coverage. All subrogation rights for loss or damage against the city are hereby waived
to the extent that they are covered by this liability insurance policy.
(D) Each owner or tenant is responsible for maintaining the landscaping in a
healthy, growing condition, for keeping related amenities in good repair and condition, and for keeping
the premises safe and from deteriorating in value or condition, at no expense to the city. The city is
absolutely exempt from any requirements to make repairs or to maintain the landscaping, related
amenities, or the premises. The granting of a license for landscaping and related amenities under this
subsection does not release the owner or tenant from liability for the installation or maintenance of trees,
landscaping, and related amenities in the public right-of-way.
(6) Parkway landscape permit.
(A) It is the responsibility of the property owner to apply for and obtain a
parkway landscape permit before locating trees, landscaping, or related amenities in the parkway. An
application for a parkway landscape permit must be made to the director. The application must be in
writing on a form approved by the director and accompanied by plans or drawings showing the area of the
parkway affected and the planting or other amenities proposed.
(B) Upon receipt of the application and any required fees, the director shall
circulate it to all affected city departments and utilities for review and comment. If, after receiving
comments from affected city departments and utilities, the director determines that the construction,
planting, or other amenities proposed will not be inconsistent with and will not unreasonably impair the
public use of the right-of-way, the director shall issue a parkway landscape permit to the property owner;
otherwise, the director shall deny the permit.
(C) A property owner is not required to comply with any parkway
landscaping requirement of this article if compliance is made impossible due to the director's denial of a
parkway landscape permit.
(D) A parkway landscape permit issued by the director is subject to
immediate revocation upon written notice if at any time the director determines that the use of the
parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the rightof-way.
The property owner is not required to comply with any parkway landscaping requirement of this
section if compliance is made impossible due to the director's revocation of a parkway landscape permit.
(E) The issuance of a parkway landscape permit under this subsection does
not excuse the property owner, his agents, or employees from liability for the installation or maintenance
of trees or other amenities in the public right-of-way.
(7) Landscape materials.
(A) No artificial plant materials may be used to satisfy the requirements of
this section.
(B) In satisfying the landscaping requirements of this section, the use of high
quality, hardy, and drought tolerant plant materials is encouraged.
(8) Soil requirements.
(A) Except as otherwise provided in this paragraph, landscape planting areas
must have the following soil depths and dimensions:
(i) Each large shrub and each small tree must be planted in soil that
is at least 24 inches deep with a surface area of at least 16 square feet (total of 32 cubic feet).
(ii) Each large tree must be planted in soil that is at least 36 inches
deep with a surface area of at least 25 square feet (total of 75 cubic feet).
(B) Landscape planting areas located above underground buildings or
structures must have the following soil depths and dimensions:
(i) Each large shrub and each small tree must be planted in soil that
is at least 30 inches deep with a surface area of at least 25 square feet (total of 62.5 cubic feet).
(ii) Each large tree must be planted in soil that is at least 40 inches
deep with a surface area of at least 36 square feet (total of 120 cubic feet).
(C) The building official may waive the minimum soil requirements if a
landscape architect certifies that the proposed alternative soil depths and dimensions are sufficient to
support the healthy and vigorous growth of the proposed plant materials.
(9) Protection of landscape areas. Required landscape areas must be protected from
vehicular traffic through the use of concrete curbs, wheel stops, or other permanent barriers.
(10) Irrigation requirements. Required plant materials must be located within 100 feet
of a verifiable water supply, and proposed watering methods (irrigation or otherwise) must be adequate to
maintain the plant materials in a healthy, growing condition. (Varies from Article X requirement for automatic irrigation for screening plants.)
(11) Sidewalks.
(i) On the side of Watercrest Parkway adjacent to the open space, the minimum unobstructed sidewalk width is
four and one half feet.
(ii) On the north side of Whistle Stop Place, from Skillman Street to Wildcat Way, no sidewalk is required
(iii) If a 12-foot-wide sidewalk is provided on the south side of the Jackson Branch Bridge and street crosswalks are provided at the east and west ends of the Jackson Branch Bridge, no sidewalk is required on the north side of the Jackson Branch Bridge.
(iv) On Walnut Hill Lane to the east side of Wildcat Way, minimum sidewalk width is five feet.
(v) On the south side of Lookout Point, no sidewalk is required.
(B) In Subarea D, sidewalks must be a minimum of six feet wide.
(C) All sidewalks must be located in an area parallel to and within five to fifteen feet of the back of the street curb.
(D) A minimum of four feet of the sidewalk must be unobstructed and clear. ADA-approved tree grates are not a sidewalk obstruction.
(E)If the sidewalk is to be located in the front yard, the property owner must dedicate a
sidewalk easement to the city to assure its availability to the public as a permanent pedestrian way.
(c) Design standards. All landscape plans must earn a minimum of 20 points. Points are
earned for the use of design standards only when landscaping is provided in the front yard. For purposes
of this subsection, the front yard includes those areas of public right-of-way located behind the curb and
utilized for landscaping.
(1) Points for landscaping in front yard. The front yard area is determined by
multiplying the lot width and the minimum front yard setback. One point is awarded for each three
percent of the total front yard area provided as landscape area up to a maximum of 15 points. To qualify,
the landscape area must:
(A) be at least 50 square feet;
(B) be covered with grass or other plant material used as ground cover; and
(C) for every 100 square feet of landscape area, or fraction thereof, have a
minimum of:
(i) one large canopy tree [This requirement may be satisfied by
existing tree credits under Section 51P-758.115(c)(2)];
(ii) three small trees;
(iii) two small trees and one large shrub;
(iv) one small tree and two large shrubs; or
(v) three large shrubs.
(2) Existing tree credits. Existing healthy trees are credited toward meeting design
standards as follows:
(A) For each canopy tree retained or relocated to the front yard of the
building site or to the parkway, having a caliper equal to or greater than four inches but less than six
inches, a credit of one required large canopy tree is allowed.
(B) For each canopy tree retained or relocated to the front yard of the
building site or to the parkway, having a caliper equal to or greater than six inches but less than 12 inches,
a credit of two required large canopy trees is allowed.
(C) For each canopy tree retained or relocated to the front yard of the
building site, to the parkway, or within any of the subareas, having a caliper equal to or greater than 12
inches, a credit of three required large canopy trees is allowed.
(3) Special amenities.
(A) Enhanced pavement material.
(i) Three points are awarded when at least 50 percent of all outdoor
vehicular pavement area in the front yard of a lot consists of enhanced pavement. (Note: All vehicular
pavement must comply with the construction and maintenance provisions for off-street parking in the
Dallas Development Code, as amended.)
(ii) Three points are awarded when at least 50 percent of all outdoor
pedestrian pavement area consists of enhanced pavement. (Note: All pedestrian pavement material and
design must be approved by the director of public works and transportation.)
(B) Pedestrian facilities. One point is awarded for each one percent
increment of lot area covered by publicly accessible special pedestrian facilities and features such as
plazas, covered walkways, fountains, lakes and ponds, seating areas, bicycle racks, and outdoor recreation
facilities, up to a maximum of five points.
(d) When landscaping must be completed.
(1) Except as otherwise provided, all landscaping must be completed in accordance
with an approved landscape plan before a certificate of occupancy may be issued for any building on the
lot.
(2) With city plan commission’s approval, landscaping may be installed in phases for
the purpose of protecting installed landscaping during construction of adjacent phases. Landscaping for
all phases, however, must be installed within 18 months of an approved landscape plan unless an alternate
phasing plan is approved by city plan commission.
(3) If the property owner provides the building official with documented assurance
that the landscaping will be completed within six months, the building official may issue one six-month
temporary certificate of occupancy and permit the property owner to complete his landscaping during the
six-month period. For purposes of this subsection, “documented assurance” means a copy of a valid
contract to install the landscaping in accordance with the landscape plan within the six-month period, or a
set of deed restrictions containing a covenant to install the landscaping in accordance with the landscape
plan within the six-month period. The deed restrictions must:
(A) expressly provide that they may be enforced by the city;
(B) be approved as to form by the city attorney; and
(C) be filed in the deed records of the county in which the land is located.
(e) General maintenance. Required landscaping must be maintained in a healthy, growing
condition. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing,
pruning, and other maintenance of all plantings, as needed. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan within 90 days after notification by
the city. (Ord. 26786)
SEC. 51P-758.116. TREE MITIGATION AND PROTECTION.
(a) Tree protection. After the development plan and landscape plan are approved, a tree
protection plan that complies with Section 51A-10.136 must be submitted to the building official before
the issuance of a building permit. Tree protection must be provided as shown on the tree protection plan.
(b) Tree mitigation in general.
(1) Except as provided in this section, tree mitigation must be provided in
accordance with Article V and Article X.
(2) Except as otherwise provided, this section applies to all property within this district.
(3) This section does not apply to lots smaller than two acres that have single family
or duplex uses, except that replacement trees will be considered protected trees even if planted on lots
smaller than two acres that have single family or duplex uses. This means that if a replacement tree is
planted on a lot smaller than two acres with a single family use, and the owner of that lot were to one day
remove the tree, he would have to replace that tree in accordance with this section.
(4) Tree mitigation is not required if trees are removed because of infrastructure and
water retention areas approved under Article V.
(5) The total number of caliper inches required to be mitigated is 4,502. Of the total required caliper inches, a minimum of 855 caliper inches must be replaced or preserved within the open space shown on the conceptual plan.
(c) Replacing trees.
(1) Tree mitigation may be accomplished by planting replacement trees in this
district. Replacement trees may be counted towards tree mitigation only if they are not planted within 2.5
feet of a utility easement.
(2) Except in the open space shown on the conceptual plan, the building official shall give tree mitigation credit of
two caliper inches for every caliper inch of a protected tree with a caliper of 18 or more inches that is
preserved within the district and a credit of 1.5 caliper inches for every caliper inch of tree with a caliper of 12 inches or more that is preserved or relocated within the district. Preserved trees may not be counted twice to meet the tree mitigation
requirements of two lots or tracts. Tree mitigation credits in Subsection (c)(2) may count towards the required caliper inches to be mitigated in Subsection (b)(5).
(d) Tree conservation area.
(1) In general. Tree mitigation may also be accomplished by establishing a tree
conservation area. A tree conservation area is established if the building official approves the tree
conservation area plan and the Property owner creates a conservation easement on the Property pursuant
to Section 51A-10.135(d) or shows a conservation area on an approved landscape plan.
(2) Tree conservation area plan. A tree conservation area plan must be submitted to
the building official. The tree conservation area plan must include:
(A) A survey of the boundaries for the tree conservation area.
(B) A tree survey of the tree conservation area that complies with Section
51A-10.132, or an estimate of the caliper and type of protected trees using a method determined to be
reasonably accurate by the building official.
(C) A plan for the preservation and maintenance of the conservation area.
(3) Approval. The building official shall approve the tree conservation area if the
building official determines that the tree conservation area will preserve protected trees and other
vegetation, considering:
(A) the size of the tree conservation area;
(B) the health and condition of protected trees within the tree conservation
area; and
(C) other features worthy of preservation, such as topography or rare plant
species.
(4) Landscape plan. The tree conservation area must be shown on an approved
landscape plan.
(5) Development prohibited. Playground equipment and park amenities may not be
placed within the tree conservation area unless the building official determines that the playground
equipment or park amenities will not be detrimental to the tree conservation area.
(6) Tree mitigation credit.
(A) If the tree conservation area is 25 percent or less of the area of the tree
removal property, the responsible party will receive an inch-for-inch credit for trees in the conservation
area, up to 50 percent of the total caliper of replacement trees required.
(B) If the tree conservation area is more than 25 percent, but less than 50
percent, of the area of the tree removal property, the responsible party will receive inch-for-inch credit for
trees in the conservation easement area, up to 65 percent of the total caliper of replacement trees required.
(C) If the tree conservation area is 50 percent or more of the area of the tree
removal property, the responsible party will receive inch-for-inch credit for trees in the conservation
easement area, up to 80 percent of the total caliper of replacement trees required. - obsolete
(e) Completion.
(1) The landscape plan for the final phase of development within the district must
include a plan to accomplish any remaining tree mitigation requirements.
(2) Tree mitigation must be completed by June 13, 2012. The city plan commission
may extend the deadline for completion if significant delays result from the permitting process or the
installation of public improvements. (Ord. 26786)
SEC. 51P-758.119. ADDITIONAL PROVISIONS.
(a) In general.
(1) The Property must be properly maintained in a state of good repair and neat
appearance.
(2) Development and use of the Property must comply with all federal and state laws
and regulations, and with all ordinances, rules, and regulations of the city.
(b) Pedestrian/bicycle paved pathway.
(1) Before the issuance of any certificate of occupancy, a pedestrian/bicycle paved
pathway must be provided. The pathway must run the length of the district from the DART rail station right-of-way to the south property line and be located on the west side of the creek channel in the open space as shown on the conceptual plan. The pedestrian/bicycle paved pathway
must be designed so that it can connect with the city trail system and sidewalks located within the district.
The pathway must have a minimum width of 12 feet.
(2) The following amenities must be installed when the property adjacent to the
pedestrian/bicycle paved pathway is developed. These amenities must be shown on a development plan
approved by city plan commission or the park and recreation board, whichever is applicable (See 51P-
758.119(b)(3)and(4)). Development of adjacent property, however, does not trigger the installation of all
amenities along the pedestrian/bicycle paved pathway, but only the installation of those amenities within
the area covered by the development plan.
(A) Three-inch caliper trees must be provided and located along the pathway
at a minimum of one per 30 feet of pathway. The trees must be of the species listed in Section 51A-
10.134.
(B) Benches and trash cans must be provided and located along the pathway
at one per 400 feet of pathway. Benches and trash cans must be the same or equivalent as those used by
the parks and recreation department in any city park.
(C) Drinking water fountains must be provided and located along the
pathway at one per 800 feet of pathway. Drinking water fountains must be the same or equivalent as those
used by the parks and recreation department in any city park.
(D) Pedestrian street lamps must be provided and located along the pathway
at one lamp per 120 feet of pathway. The pedestrian street lamps must be the same or equivalent as those
used by the department of parks and recreation in any city park or meet the requirements of Section 51P-
758.114.
(3) For any portion of a pedestrian/bicycle paved pathway located in a public park,
that portion of the pathway must be shown on the development plan and approved by the park and
recreation board.
(4) For any portion of a pedestrian/bicycle paved pathway located outside of a public
park, that portion of the pathway must be shown on the development plan and approved by the city plan
commission.
(c) Bicycle parking. Bicycle racks must be provided outside of the open space shown on the conceptual plan to
accommodate one bicycle for every 20 required non-residential off-street parking spaces. (Ord. 26786)
(A) Except as provided in this subparagraph, in Subareas A, B, and C, sidewalks must be a minimum of eight feet wide.
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