PD 761 Dallas Logistics Port SPD

SEC. 51P-761.101. LEGISLATIVE HISTORY.

PD 761 was established by Ordinance No. 26872, passed by the Dallas City Council on June 27,

2007. (Ord. 26872)

SEC. 51P-761.102. PROPERTY LOCATION AND SIZE. (AMENDED)

PD 761 is established on property bounded by Interstate Highway 20, J. J. Lemmon Road,

Wintergreen Road, and Bonnie View Road. The size of PD 761 is approximately 1,319 acres. (Ord.

26872)

SEC. 51P-761.103. CREATION OF SUBDISTRICTS.

This special purpose district is divided into the Logistics Industrial (LI) and Logistics Retail (LR)

Subdistricts. Exhibit 761A shows the boundaries of each subdistrict. (Ord. 26872)

Definitions:

(1) INTERMODAL RAILROAD FACILITY means a facility for the loading,

unloading, storage (inside and outside), distribution, and transfer of cargo containers from railroads.

(5) STREET-YARD means that portion of a lot between a building facade facing a

street and the property line.

(c) This special purpose district is considered to be a nonresidential zoning district.

(d) In this special purpose district, a single family, duplex, or multifamily use creates a

residential adjacency as defined in Chapter 51A.

SEC. 51P-761.110. SCREENING AND HEIGHT OF OUTSIDE STORAGE.

(a) Intermodal railroad facility uses.

(1) Screening. Screening of outside storage is not required.

(2) Height. No maximum height for outside storage.

(b) Other uses.

(1) Screening. If an outside storage area is visible from a public right-of-way,

visible from a single family, duplex, or multifamily use, or visible from and within 100 feet of an

adjoining property with a use other than a residential or an intermodal railroad facility use, screening of

outside storage must be constructed and maintained as follows:

(A) Screening must be constructed of:

(i) brick, stone, or concrete masonry;

(ii) earthen berm planted with turf grass or ground cover

recommended for local area use by the city arborist;

(iii) evergreen plant materials recommended for local area use by the

city arborist; or

(iv) any combination of the above.

(B) Screening must be a minimum of nine feet in height and must be

provided before the issuance of a certificate of occupancy for the use.

(C) A required screening wall or fence may not have more than 10 square

inches of openings in any give square foot of surface.

(D) The berm may not have a slope that exceeds one foot of height for each

two feet of width.

(E) Plant materials must be located in a bed that is at least three feet wide

with a minimum soil depth of 24 inches. Plant materials must be placed a maximum of 24 inches on

center over the entire length of the bed unless the building official approves an alternative planting

density. Plant materials must be capable of providing a solid appearance and must provide a visual barrier

of the required height within three years of their initial planting.

(2) Height. (A) Except as provided in this paragraph, maximum stacking height of

outside storage is 30 feet.

(B) Maximum stacking height of outside storage within 40 feet of screening

is eight feet. (Ord. 26872)

SEC. 51P-761.113. LANDSCAPING

(a) Site trees.

(1) Intermodal railway facility use.

(A) One tree having a caliper of at least two inches must be provided for each

20,000 square feet

of lot area, or fraction thereof, with a minimum of four trees being provided.

(B) If the building official determines that, due to inhospitable soil

conditions or inadequate space, it would be impracticable or imprudent for the site trees to be planted

within the intermodal railway facility use, site trees may be planted within 1,000 feet of the intermodal

railroad facility use on public property or on other properties within this special purpose district, subject

to a maintenance agreement with the owner of the property

. Site trees planted on a property subject to a

maintenance agreement may not be counted toward the site tree requirements on that property.

(2) Freight terminal, office showroom/warehouse, and warehouse uses.

(A) One tree having a caliper of at least two inches must be provided for each

6,000 square feet

of lot area, or fraction thereof, with a minimum of four trees being provided.

(B) If a use is located between an intermodal railroad facility use and Bonnie

View Road and abuts an intermodal railroad facility use buffer, then the building official shall grant that

use a credit against the site trees requirement for trees planted in the abutting intermodal railroad facility

buffer at a tree-for-tree ratio

.

(3) Other permitted uses.

(A) One tree having at least two caliper inches must be provided for each

4,000 square feet

of lot area, or fraction thereof, with a minimum of four trees being provided.

(B) If a use is located between an intermodal railroad facility use and Bonnie

View Road and abuts an intermodal railroad facility use buffer, then the building official shall grant that

use a credit against the site trees requirement for trees planted in the abutting intermodal railroad facility

buffer at a tree-for-tree ratio

.

(4) Credit for existing trees. Existing trees may be used to satisfy the site tree

requirement pursuant to Section 51A-10.125(b)(3)(B).

(b) Street-yard landscaping.

(1) In addition to any buffer landscaping required under Subsection (c), at least 15

percent of the area of the street-yard must be landscaped.

(2) One tree must be provided within the street-yard for every 50 feet of street

frontage.

(3) Trees required in the street-yard also qualify for site trees under Subsection (a)

but do not qualify as buffer trees under Subsection (c).

(4) Street-yard landscaping must be provided before the issuance of a certificate of

occupancy.

(c) Buffers.

(1) Intermodal railroad facility use buffer.

(A) Where an intermodal railroad facility use abuts Bonnie View Road, a

single family, duplex, or multifamily use, or a street, a minimum 60-foot-wide buffer must be provided.

On all other perimeters of an intermodal railroad facility use, a minimum 15-foot-wide buffer must be

provided.

(B) One tree having a caliper of at least two inches must be provided for

every 20,000 square feet of buffer, or fraction thereof, with a minimum of four trees being provided.

(2) Perimeter buffer. Except as provided in paragraph (1), a minimum 20-foot-wide

perimeter landscape buffer must be provided along a lot abutting a single family use. One large canopy

tree must be provided for every 50 feet of landscape buffer.

(3) Parking lot buffer.

(A) Except as provided in paragraph (1), a 20-foot-wide landscape buffer

must be provided between a parking lot and an adjacent divided thoroughfare.

(B) Except as provided in paragraph (1), a ten-foot-wide landscape buffer

must be provided between a parking lot and an adjacent undivided street.

(C) A parking lot landscape buffer must consist of large shrubs placed a

maximum of 36 inches on center over the entire length of the buffer. The large shrubs

must be maintained at a minimum height of three feet and must be capable of providing a

solid appearance within three years.

(D) The parking lot buffer may be within the street-yard.

(E) Trees required for street-yard landscaping may be provided within a

parking lot buffer if the parking lot buffer is located within a street-yard.

(d) Parking lot landscaping.

(1) Parking lot landscaping must comply with the following standards:

(A) Every required parking space must be within 100 feet of a landscape

island.

(B) Twenty square feet of landscape area within a landscape island must be

provided for every required parking space.

(C) Landscape islands must be a minimum of eight feet in width measured

from inside-of-curb to inside-of-curb.

(D) Each landscape island must have a minimum of one canopy tree. Trees in

landscape islands qualify as site trees under Subsection (a), but do not qualify as buffer tree under

Subsection (c).

(E) Section 51A-10.104, “Planting Area Requirements,” applies to the

parking lot landscape areas.

(2) Parking lot landscape requirements apply only to passenger car parking lots, not

parking lots used exclusively for trucks.

(e) Dumpster screening. Dumpsters visible from a public street must be screened on three

sides with a minimum six-foot-high opaque screening material (not chain link or wooden fences). The

fourth side must be a metal gate.

(f) Artificial lot.

(1) Section 51A-10.122, “Artificial Lot Delineation,” applies to this special purpose

district.

(2) An artificial lot within this special purpose district is not required to have street

frontage.

(g) Irrigation.

(1) Except as provided in this subsection, all required plant materials must be

irrigated by an automatic irrigation system installed to comply with industry standards.

(2) A facility that is landscaped to comply with the LEED NC credit system, LEED

certification, or equivalent rating system, including Texas Smartscape, may provide an alternative

landscape maintenance program certified as appropriate by a licensed landscape architect or licensed

irrigator.

(3) A water maintenance program must be specified on a landscape plan approved by

the building official that identifies water sources and the areas where alternative irrigation measures will

be used.

(4) If irrigation is provided by an optional collection system, it should be noted on

the landscape plan.

(h) Landscape maintenance. Plant materials must be maintained in a healthy growing

condition. (Ord. 26872)

SEC. 51P-761.114. TREE PRESERVATION.

(a) In general. Except as provided in this section, the tree preservation regulations in Article

X apply.

(b) Applicability. Tree preservation regulations do not apply to the following:

(1) Lots smaller than two acres in size that contain single family or duplex uses.

(2) A tree that endangers the public health, welfare, or safety and that must be

immediately removed because of poor structural integrity.

(3) Trees planted and growing on the premises of a licensed plant or tree nursery that

are planted and growing for the sale to the general public.

(4) A tree that is diseased or infected, damaged beyond the point of recovery, or in

danger of falling.

(5) A tree located within designated rights-of-way.

(6) A tree within a designated building foundation area.

(7) Any tree less than 18 caliper inches in size within an intermodal railroad facility

use or within a railroad yard, roundhouse, or shops use.

(8) A tree within an existing or designated public utility easement area or public

drainage easement area.

(9) Trees with a caliper of 12 inches or less.

(10) Cedar (juniper) trees.

(c) Tree removal permit. In lieu of a tree survey, an applicant for a tree removal permit may

provide an estimate of caliper inches to be removed based on a sampling of trees within the lot or tract to

be developed. The sampling must be a minimum of 10 percent of the lot or tract from which the trees are

to be removed.

(d) Alternative methods of compliance.

(1) In addition to the alternative methods of compliance with tree replacement

requirements in Section 51A-10.135, an applicant for tree replacement may:

(A) donate land within the city limits to the city for tree preservation

purposes using the same standards and procedures as in Section 51A-10.135(a)(4) and (d) (but in fee

simple rather than as an easement);

(B) plant replacement trees on other property within the special purpose

district; or

(C) plant replacement trees on property that is within one mile of the tree

removal property but still within the city limits.

(2) Trees planted in public property, including public right-of-way, may be used to

mitigate trees removed.

(e) Tree replacement credits.

(1) A credit against replacement trees is available for protected trees with a caliper

greater than 12 inches preserved

within tree preservation areas at a ratio of four caliper inches of credit for

each one caliper inch preserved

in the tree preservation area. Tree preservation areas must be shown on a

landscape plan. The amount of credit for a tree preservation area is determined by:

(A) For tree preservation areas with more than five acres, a sampling of trees

in 10 percent of the area to be preserved.

(B) For tree preservation areas five acres or less, a tree survey of preserved

trees.

(2) For any platted lot abutting a designated floodplain, a credit against replacement

trees is available for protected trees greater than 18 inches preserved in floodplain areas at a ratio of one

caliper inch of credit for each one caliper inch preserved

. Floodplain areas receiving tree replacement

credits must be shown on a landscape plan. If a credit is given for trees preserved in a floodplain area, the

floodplain area is not eligible for reclamation under Article V.

(3) Credit against replacement trees is available for meeting the most recent version

of the LEED Reference Guide for New Construction and Major Renovations, (the “LEED Guide”). Each

LEED credit under the Sustainable Sites or Water Efficiency categories counts as two credits for the

purposes of this paragraph.

(A) Sites with 5 credits qualify for a five percent reduction in the total caliper

inches of trees required to be mitigated.

(B) Sites with between 6 and 10 credits qualify for a 10 percent reduction in

the total caliper inches of trees required to be mitigated.

(C) Sites with between 11 and 15 credits qualify for a 20 percent reduction

in the total caliper inches of trees required to be mitigated.

(D) Sites with between 16 and 20 credits qualify for a 30 percent reduction in

the total caliper inches of trees required to be mitigated.

(E) Sites with between 21 and 25 credits qualify for a 40 reduction in the

total caliper inches of trees required to be mitigated.

(F) Sites with more than 25 credits qualify for a 50 percent reduction in the

total caliper inches of trees required to be mitigated.

(4) No credit may be given for tree preservation that is outside the city.

(f) Location of replacement trees.

(1) Replacement trees may be planted in a parkway provided that they are at least 10

feet from any underground utility and at least 20 feet from overhead utility lines.

(2) Replacement trees may not be planted outside of the city.

(g) Timing for tree planting. Replacement trees must be planted within 18 months after

issuance of a tree removal permit.

(h) Private license granted.

(1) 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 special purpose 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.

(2) 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.

(3) 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.

(4) 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.

(i) Parkway landscape permit.

(1) 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.

(2) 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.

(3) 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.

(4) 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 right-of-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.

(5) 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. (Ord. 26872)