PD 811 Pinnacle Park

SEC. 51P-811.102. PROPERTY LOCATION AND SIZE.

PD 811 is established on property generally bounded by Interstate 30, Westmoreland

Road, Fort Worth Avenue, and Pinnacle Park Boulevard. The size of PD 811 is approximately

186.651 acres.

SEC. 51P-811.103. CREATION OF SUBAREAS.

This district is divided into Subareas A, B, C, D, and E as shown on the conceptual plan.

(Exhibit 811A).

Definitions:

(17) GRADE means the average finished ground surface elevation measured at

all corners of a structure. FINISHED GROUND SURFACE ELEVATION means the ground

surface elevation of the building site before any construction or as altered in accordance with

grading plans approved by the building official. Finished ground surface elevation does not

include:

(A) fill material not necessary to make the site developable;

(B) berms;

(C) landscape features; or

(D) drainage swales.

(18) LANDSCAPE SIGN means a sign that is integrated into a landscape

feature, such as a planting bed, retaining wall, or fountain that acts as a base for the sign.

(22) MEWS STREET means a multimodal Street for pedestrian or low-speed

vehicular traffic.

(25) OPEN SPACE means an area that is unobstructed to the sky, and contains

no structures except for street furniture and pedestrian amenities; city kiosks; community kiosks;

retail vending stands; temporary retail uses; ordinary projections of window sills, bay windows,

belt courses, cornices, and eaves; unenclosed balconies; unenclosed patios; stoops; and other

architectural features.

(27) PRIMARY STREET means the principal frontage for a building site, as

designated on the development plan.

(35) SIDE STREET means a frontage that is not a primary street.

(36) SOIL means a medium in which plants will grow.

(42) WATER COURSE means a natural or constructed channel for the flow of

water.

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

SEC. 51P-811.105. EXHIBITS.

The following exhibits are incorporated into this article:

(I) Exhibit 811A: conceptual plan.

(2) Exhibit 811B: internal streets conceptual plan.

(3) Exhibit 811C: street sections.

(4) Exhibit 811D: mixed use development parking chart.

(5) Exhibit 811E: equivalency table.

SEC. 51P-811.106. CONCEPTUAL PLAN.

(a) Development and use of the Property must comply with the conceptual plan

(Exhibit 811A). If there is a conflict between the text of this article and the conceptual plan, the

text of this article controls. If there is a conflict between the conceptual plan and the internal

streets conceptual plan, the conceptual plan controls.

(b) Ingress and egress points shown on the conceptual plan are approximate.

SEC. 51P-811.107. INTERNAL STREETS CONCEPTUAL PLAN.

(a) Use and development of the Property must comply with the internal streets

conceptual plan (Exhibit 811B). If there is a conflict between the text of this article and the

internal streets conceptual plan, the text of this article controls.

(b) Minor adjustments to final street alignments and locations are permitted at the

time of platting without requiring an amendment to the internal streets conceptual plan.

(c) Internal streets may be constructed without a development plan if a plat has been

recorded that shows the internal streets.

SEC. 51P-811.108. DEVELOPMENT PLAN.

(a) A development plan that complies with the conceptual plan must be approved by

the city plan commission before the issuance of a building permit for work other than the repair

of existing structures; demolition and grading; the installation of utility infrastructure; the

installation of minor arterial, collector, and local streets that are shown on a recorded plat; the

installation of fencing or other structures for security purposes; work associated with permitted

temporary uses; tree removal pursuant to a tree removal permit; or work intended to provided for

the irrigation or maintenance of landscaping. If there is a conflict between the text of this article

and a development plan, the text of this article controls.

(b) In addition to the requirements in Section 51 A-4.702, a development plan must

include:

(1) A table with the cumulative floor area, number of dwelling units, and

number of lodging guest rooms by use category for:

(A) each building site;

(B) the subarea in which the building site is located; and

(C) the Property.

(2) The location and open space totals for:

(A) each building site;

(B) the subarea in which the building site is located; and

(C) the Property.

(3) Ingress and egress locations.

(4) The location of escarpment and geologically similar areas, if any.

(5) All rights-of-way and private streets and drives.

(6) The designation of primary streets, side streets, and service streets.

(c) For single family uses, a recorded plat may be used as a development plan if it

contains all of the requirements for a development plan.

(d) That portion of Section 51 A-4.702(c) requiring submission of a development plan

within six months after the city council approves this district does not apply.

(e) Signs are not required to be shown on a development plan.

(f) A development plan is not required to reflect the entire Property, but may be

submitted in development phases.

SEC. 51P-811.114. BUILDING ELEMENTS AND DESIGN STANDARDS.

(a) Building elements.

(1) Applicability. Except as provided in this subsection, building elements

apply to multifamily and nonresidential uses and mixed use developments.

(2) Purpose. Building elements are intended to:

(A) ensure adequate on-site vehicular, pedestrian, and bicycle

circulation using interior drives, parking areas, pathways, and sidewalks designed to safely

buffer pedestrian and bicycle traffic from vehicular traffic;

(B) ensure that new development enhances and is compatible with

surrounding neighborhoods; and

(C) enhance the character and environment for pedestrians.

(3) Building elements and facade.

(A) Street-level transparency. (Measured between 0 and 10 feet above

adjacent sidewalk)

(i) Primary street facade: Minimum 40 percent.

(ii) Side street facade: Minimum 20 percent.

(iii) Service street facade: No minimum.

(B) Upper-story transparency. (Measuredfrom floor to floor)

(i) Primary street facade: Minimum 20 percent.

(ii) Side Street facade: Minimum 20 percent.

(iii) Service street facade: No minimum.

(C) Entrance.

(i) Primary street facade: Except in Subarea B, required.

(ii) Entrance spacing (maximum linear feet): 100.

(iii) Side street facade: Allowed.

(b) Design standards for large retail uses.

(1) Applicability. Except as provided in this subsection and Subsection (c),

the design standards in Section 51A-4.605 apply to the large retail uses listed in Section 51A-

4.605(a)(2).

(2) Roofs.

(A) Roof-mounted mechanical equipment, skylights, and solar panels

must be screened or set back so that they are not visible from a point five feet, six inches above

grade at the property line. Screening materials must match the colors used on the main building.

Chain linked fences may not be used as a screening method.

(B) The roof design elements in Section 51A-4.605(a)(7)(B) do not

apply.

(3) Parking lots and landscaping.

(A) No more than 75 percent of the required off-street parking spaces

may be located in the front parking area. If more than 50 percent of a parking space is within the

front parking area, that parking space is counted as being within the front parking area. The 75

percent limitation on off-street parking within the front parking area may be exceeded if one

additional tree in addition to the requirements of these design standards is provided within the

front parking area for every 15 off-street additional parking spaces or fraction thereof located

within the front parking area.

(B) A landscaped buffer strip with a minimum width of 20 feet must be

located between any surface parking lot and any public right-of-way other than alleys. 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 if the requirements of

Chapter 43 of the Dallas City Code are met. The landscape buffer must have large canopy trees

spaced at a maximum of 30 feet on center and must be recommended for local use by the

building official.

(4) Miscellaneous design standards. Section 5 IA-4.605(a)(9)(H)(ii) does not

apply.

(c) Subarea B design standards for lots fronting Interstate 30.

(1) Applicability. These design standards apply to all buildings in Subarea B

of 10,000 square feet or more located on lots fronting Interstate 30.

(2) Landscape requirements. The design standards landscape requirements in

this section may be used to satisfy any landscaping required by this Article.

(3) Conflict. If these design standards conflict with other requirements in this

article, the more stringent requirement applies.

(4) Facade walls. Primary facade walls and side facade waIls must incorporate

at least three of the following design elements. Rear facade walls must incorporate at least two of

the following design elements, The cumulative length of these design elements must extend for

at least 60 percent of the facade wall’s horizontal length.

(A) A repeating pattern of wall recesses and projections, such as bays,

offsets, reveals, or projecting ribs, that has a relief of at least eight inches.

(B) At least three of the following design elements at the primary

entrance, so that the primary entrance is architecturally prominent and clearly visible from the

abutting street:

(i) Architectural details such as arches, friezes, tile work,

murals, or moldings.

(ii) Integral planters or wing walls that incorporate landscaping

or seating.

(iii) Enhanced exterior light fixtures such as wall sconces, light

coves with concealed light sources, ground-mounted accent lights, or decorative pedestal lights.

(iv) Prominent three-dimensional features, such as belfries,

chimneys, clock towers, domes, spires, steeples, towers, or turrets.

(v) A repeating pattern of pilasters projecting from the facade

wall by a minimum of eight inches or architectural or decorative columns.

(C) Arcades, awnings, canopies, covered walkways, or porticos.

(D) Display windows, faux windows, or decorative windows.

(E) Trim or accent elements using decorative contrasting colors or

decorative neon lighting of at least 10 percent of the area of the facade wall exclusive of

fenestration.

(5) Facade wall changes. Facade walls must have one or more of the

following changes:

(A) Changes of color, texture, or material, either diagonally,

horizontally, or vertically, at intervals of not less than 20 feet and not more than 100 feet.

(B) Changes in plane with a depth of at least 24 inches, either

diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more than 100

feet.

(6) Materials and colors.

(A) Textured painted tilt wall may be used on no more than 25 percent

of the area of the primary facade walls and 50 percent of the side facade walls.

(B) The following materials may only be used on rear facade walls:

(i) Smooth-faced concrete block that is non-tinted or nonburnished.

(ii) Tilt-up concrete panels that are unadorned or untextured.

Textured painted tilt wall is acceptable.

(iii) Prefabricated steel panels.

(7) Roofs.

(A) Roof-mounted mechanical equipment, skylights, and solar panels

must be screened or set back so they are not visible from a point five feet, six inches above grade

at the property line. Chain-link fences may not be used as a screening material.

(B) Roofs must have at least one of the following design elements:

(i) Parapets with horizontal tops having height changes of at

least one foot occurring horizontally no less than every 100 feet. Parapets that do not have

horizontal tops must have pitched or rounded tops with a pattern that repeats or varies no less

than every 100 feet. All parapets must have detailing such as cornices, moldings, trim, or

variations in brick coursing.

(ii) Sloping roofs with at least two of the following design

elements:

(aa) Slope of at least 5:12.

(bb) Two or more slope planes.

(cc) Overhanging eaves extending at least three feet

beyond the supporting wall.

(8) Parking lots and landscaping.

(A) Landscaped islands of a minimum of 160 square feet per row of

cars must be placed at both ends of each grouping of parking rows.

Landscape islands of a minimum of 160 square feet are required for every 30 parking spaces located

in a parking row. Landscaped islands must have ground cover and trees or shrubs

.

(B) Parking lots must be divided into sections containing no more than

six rows of parking (i.e. two double rows and two single rows) or 160 parking spaces, whichever

is less. Parking lot sections must be divided by landscaped dividers with a minimum width of

five feet. Landscaped dividers must have trees spaced at a maximum of 30 feet on center and

ground cover or shrubs.

(C) No more than 75 percent of the off-street parking spaces may be

located in the front parking area. If more than 50 percent of a parking space is within the front

parking area, that parking space shall be counted as being within the front parking area. The 75

percent limitation on off-street parking within the front parking area may be exceeded if one

additional tree beyond the requirements of these design standards is provided within the front

parking area for every 15 off-street additional parking spaces or fraction thereof located within

the front parking area.

(D) Parking lots must have a pedestrian pathway system distinguished

from the parking and driving surface by landscape barriers or a change in surface materials such

as payers or patterned concrete. Pedestrian pathways may not be distinguished by paint alone.

Pedestrian pathways must be a minimum of six feet wide. Pedestrian pathways must connect

mass transit stops, parking areas, public sidewalks, and public rights-of-way to the primary

entrance.

(E) A landscaped buffer strip with a minimum width of 20 feet must be

located between any parking area and any public right-of-way other than alleys. 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 if the requirements of Chapter 43 of

the Dallas City Code are met. The landscape buffer strip must have trees and 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. If the evergreen hedge

is substituted, the hedge must reach three feet in height within 36 months. The number of trees

required for the landscape buffer shall be determined by dividing the length of street frontage by

30. The trees in the landscape buffer may be grouped to create “natural” stands. A landscape

buffer tree shall also count as a street tree.

(F) Trees spaced at a maximum of 30 feet on center must be provided

within 20 feet of the primary facade wall and within 20 feet of the side facade walls for at least

50 percent of the length of each facade wall. Trees may be located in the public right-of-way if

the requirements of Chapter 43 of the Dallas City Code are met. Trees must be planted in a

landscape strip with a minimum width of five feet or in tree wells with minimum dimensions of

five feet by five feet.

(G) Parking areas must have access, either directly or via a private

access drive, to a four-lane public street with two lanes in each direction, a two-lane one-way

public street or a frontage road.

(H) Shopping cart storage areas in parking lots must be screened with

landscaping along the length of the shopping cart storage area facing any public right-of-way

other than alleys.

(9) Miscellaneous design standards.

(A) Service areas must be oriented so that they are not visible from a

point five and one-half feet above grade at abutting public rights-of-way or residential zoning

districts, or must be screened from abutting public rights-of-way or residential zoning districts by

solid masonry screening with a minimum height of eight feet extending the entire length of the

service area.

(B) Automotive service bays must be oriented away from any public

right-of-way or residential zoning district, unless screened from view with solid masonry

screening with a minimum height of eight feet extending the entire length of the automotive

service bays.

(C) Mechanical equipment on the ground must be screened using

materials matching the materials and colors used on the main building. Chain link fence may not

be used as a screening material.

(D) Except for seasonal displays relating to national holidays or living

plant materials related to the four seasons, merchandise may not be displayed or stored in

parking areas or on sidewalks adjacent to facade walls, except in screened outdoor display, sales,

and storage areas.

(E) Outdoor display, sales, and storage areas, such as nursery

departments, must be enclosed by screening with a solid base with a minimum height of three

feet surmounted by a wrought iron or tubular steel fence with a minimum height of five feet. The

screening must be surmounted with a minimum of two feet of fascia with materials and colors

matching the main building. No merchandise other than trees may be visible above the

screening.

(F) Shopping cart storage areas adjacent to facade walls (not in

parking lots) must be screened with landscaping or materials matching the materials of the

primary facade wall, No more than two shopping cart storage areas (one on each side of an

entrance) may be provided on any facade wall. Shopping cart storage areas may not exceed 20

feet in length.

(G) Entry drives must have a change in surface materials such as

payers or patterned concrete with color. This special paving must have a minimum length of 20

feet and must span the entire width of the driveway throat (from edge of gutter to edge of gutter).

(10) Variations and exceptions. The Director may approve a site plan that does

not comply with the requirements of these design standards if:

(A) strict compliance with these design standards is impractical due to

site constraints or would result in substantial hardship;

(B) the site plan complies with the spirit and intent of these design

standards;

(C) the site plan furthers the purpose of design standards as stated in

this section; and

(D) the variation or exception from these design standards will not

adversely affect surrounding properties.

(11) Appeal. An applicant may appeal the director’s decision to the city plan

commission. The city plan commission shall follow the same procedure used for approval of

minor amendments to development plans and the fee for a minor plan amendment shall apply.

SEC. 51P-811.116. OPEN SPACE.

(a) In general. The following minimum open space must be provided in each

subarea:

(1) Subarea A, three acres.

(2) Subarea B, five acres.

(3) Subarea C, seven acres.

(4) Subarea D, eight acres.

(5) Subarea E, seven acres.

(b) Location. Required front, side, or rear yard setback areas may not be counted

toward open space requirements.

SEC. 51P-81 1.1 17. VISUAL OBSTRUCTION REGULATIONS.

(a) Except as provided in this section, the visual obstruction regulations in Section

51 A-4.602(d) apply.

(b) In this district, VISIBILITY TRIANGLE means 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 normal street curb lines) and points on

each of the street curb lines 30 feet from the intersection.

SEC. 51P-811.118. STREET AND SIDEWALK STANDARDS AND RESIDENTIAL ACCESS.

(a) Street standards.

(1) Applicability. The street standards in this subsection apply to all internal

public and private streets.

(2) Construction standards.

(A) Except as provided in this subsection, internal streets must be

provided in accordance with this subsection and the right-of-way standards and pavement widths

shown in the street sections (Exhibit 811 C). If there is a conflict between the text of this article

and Exhibit 811C, the text of this article controls.

(B) 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.

(3) Street sections.

(A) Minor arterial Section A.

(i) Permitted in all subareas.

(ii) Maximum right-of-way width is 132 feet.

(iii) Minimum pavement width for each couplet is 22 feet;

maximum pavement width for each couplet is 24 feet. (Measured from face-of-curb to face-oJ

curb)

(B) Minor arterial Section B.

(i) Permitted in all subareas.

(ii) Maximum right-of-way width is 92 feet.

(iii) Minimum pavement width for each couplet is 40 feet;

maximum pavement width for each couplet is 44 feet. (Measured from face-of.curb to face-ofcurb)

(C) Local street - retail.

(i) Permitted in Subareas A and B only.

(ii) Maximum right-of-way width is 94 feet.

(iii) Minimum pavement width is 62 feet; maximum pavement

width is 70 feet. (Measured from face-of-curb to face-of.-curb)

(D) Collector street.

(i) Permitted in all subareas.

(ii) Maximum right-of-way width is 64 feet.

(iii) Minimum pavement width is 38 feet; maximum pavement

width is 40 feet. (Measuredfrom face-of-curb to face-of-curb)

(E) Local street.

(i) Permitted in all subareas.

(ii) Maximum right-of-way width is 48 feet.

(iii) Minimum pavement width is 20 feet; maximum pavement

width is 24 feet. (Measuredfrom face-of-curb to face-of-curb)

(F) Mews street.

(i) Permitted in all subareas.

(ii) Maximum right-of-way width is 48 feet.

(iii) Minimum pavement width is 20 feet; maximum pavement

width is 24 feet. (Measuredfrom edge-ofpavement to edge-of-pavement)

(b) Sidewalk standards.

(1) Applicability. Sidewalk standards apply to all public and private streets.

(2) Westmoreland Road, Interstate 30. Pinnacle Park Boulevard, Fort Worth

Avenue, minor arterial Section A, collector street, and local street. A minimum six-foot-wide

unobstructed sidewalk must be provided in an area parallel to and between four and 12 feet from

the back of the projected street curb.

(3) Minor arterial Section B, local street - retail, and mews street, A minimum

eight-foot-wide unobstructed sidewalk must be provided in an area parallel to and between four

and 20 feet from the back of the projected street curb.

(4) Curbs and grates. Street curbs and ADA approved tree grates are not

considered a sidewalk obstruction.

(5) Easement. If the sidewalk is 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) Alternate street sections.

(1) To deviate from Exhibit 811 C, an alternate Street Section must be

approved by the director of public works and transportation and the city plan commission along

with the development plan.

(2) To be approved, an alternate street section must provide a street width that

is designed to reduce vehicle speed and promote a pedestrian-friendly environment. An alternate

street section may not reduce the minimum sidewalk width or tree planting zone requirements.

(d) Residential access to streets and alleys.

(1) Except as provided in this paragraph, residential uses may have driveway

access to streets and alleys. Single family and duplex uses may not have driveway access to

Westmoreland Road.

(2) For residential uses with front yard or side yard vehicular access to a

minor arterial street, collector street, local street, local street - retail, or mews street, the 20-foot

minimum driveway approach requirement in Section 51A-4.301(a)(9) does not apply.

(3) For residential uses with side yard or rear yard vehicular access to an

alley, the minimum driveway approach is 10 feet, measured from the edge of the alley pavement

to the parking space entry.

(4) For a residential use with a garage door located less than 20 feet from a

street or alley, the garage door must be equipped with an automatic control door. The automatic

control door opener must be maintained in working order at all times. For purposes of this

section, a garage means one or more parking spaces located in an enclosed structure.

SEC. 51P-811.120. ESCARPMENT REGULATIONS.

(a) Except as provided in this section, the escarpment regulations in Division 51A-5.200 apply.

(b) Retention or detention ponds are permitted within the escarpment zone and the

geologically similar area. The city maintains the right at all times to enter upon the retention or

detention pond to inspect, maintain, or improve it. The property owner must provide an access

easement to a public street or alley from a retention or detention pond for this purpose and the

easement must be shown on the plat.

(c) Sidewalks, trees, and other pedestrian amenities are allowed within the

retention/detention pond easement areas.

(d) A conservation easement that complies with Section 51A-10.135(d) may include

escarpment zone and geologically similar area.

(e) Trails and directional signs are permitted in the escarpment zone.

SEC. 51P-811.122. LANDSCAPING.

(a) In general.

(1) Except as provided in this section, a landscape plan that includes parkway

areas must be submitted with a development plan and be approved by the city plan commission

before the issuance of a building permit to authorize work in this district.

(2) A landscape plan is not required before the issuance of a building permit

to authorize work for:

(A) Repairs of an existing structure.

(B) Demolition and grading.

(C) The installation of fencing or other structures for security purposes.

(D) Work associated with permitted temporary uses.

(E) Tree removal pursuant to a tree removal permit.

(F) Work intended to provide for the irrigation or maintenance of

landscaping.

(G) Restoration of a building that has been damaged or destroyed by

fire, explosion, flood, tornado, riot, act of a public enemy, or accident of any kind. For purposes

of this subsection, RESTORATION means:

(i) the act of putting back into a former or original state; or

(ii) construction work that does not increase:

(aa) the number of buildings on the lot;

(bb) the number of stories in a building on the lot;

(cc) the floor area of a building on the lot by more than

10 percent or 10,000 square feet, whichever is less; or

(dd) the nonpermeable coverage of the lot by more than

2,000 square feet.

(3) Landscaping must be provided as shown on an approved landscape plan.

(4) A landscape plan and landscaping is not required for a development plan

that is limited to wind turbines uses only.

(5) Notwithstanding the provisions of this subsection, tree mitigation

requirements must be met in accordance with the provisions of this article.

(b) Landscape plan. A landscape plan must include:

(1) Date, scale, and north point.

(2) Names, addresses, and telephone numbers of both the property owner and

the person preparing the plan.

(3) Location of existing boundary lines and dimensions of the lot, the zoning

classification of the lot, and the zoning classification of adjacent properties, and a vicinity map.

(4) Approximate centerlines of existing water courses; the location of the 100-

year flood plain, escarpment zone, and geologically similar areas; and approximate location of

significant drainage features.

(5) Location and size of existing and proposed streets and alleys, utility

easements, including the location of existing and proposed overhead and underground utilities,

driveways, and sidewalks on or adjacent to the lot.

(6) Project name, street address, and lot and block description.

(7) Location, height, and material of proposed screening and fencing (with

berms to be delineated by one-foot contours).

(8) Locations and dimensions of proposed landscape buffer strips.

(9) Complete description of landscaping provided, including names (common

and botanical name), locations, quantities, container or caliper sizes at installation, heights,

spread, and spacing.

(10) Location and type of all existing trees on the lot over eight inches in

caliper, measured at four-and-one-half feet in height.

(11) 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.

(12) An indication of how existing healthy trees proposed to be retained will be

protected from damage during construction.

(13) Size, height, location, and material of proposed seating, lighting, planters,

sculptures, and water features.

(14) A description of proposed watering methods.

(15) Location of visibility triangles on the lot.

(16) Location and dimensions of required open space.

(17) Tabulation of minimum open space designation for each subarea.

(18) Tabulation of points earned for landscape design standards listed in

Subsection (d).

(19) Tabulation of tree credits on a cumulative basis for the Property. (See

Subsections (d) and (e)).

(c) Points.

(1) Points are given for landscape design standards based on their value or

merit.

(2) A minimum of 20 points must be earned and tabulated on the landscape

plan.

(3) The landscape design standards are listed in Subsection (d).

(d) Landscape design standards.

(1) Front yard landscape areas. To earn points under this paragraph, landscape

areas must be provided in the front yard of a building site. For purposes of complying with this

paragraph, the tree planting zone may count as part of the front yard. 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 if the landscape area:

(A) is at least 50 square feet;

(B) is covered with grass or other plant material as ground cover; and

(C) has, for every 100 square feet of landscape area or fraction thereof,

a minimum of:

(i) one large canopy tree (See Paragraph (2) regarding credit

for retaining or relocating existing trees);

(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 may be counted toward

meeting the design standards as follows:

(A) For each tree retained or relocated to the front yard of the building

site or to the parkway that has a caliper between four inches and 5.99 inches, a credit of one

required large tree is allowed.

(B) For each tree retained or relocated to the front yard of the building

site or to the parkway that has a caliper between six inches and 11.99 inches, a credit of two

required large trees is allowed.

(C) For each tree retained or relocated to the front yard of the building

site or to the parkway that has a caliper of 12 inches or greater, a credit of three required large

trees is allowed.

(3) Parking structure concealment. Five points are awarded if all off-street

parking is located in a structure that is:

(A) concealed in a building with a facade that is similar in appearance

to the facade of either the main building it serves or the adjacent main building; or

(B) underground.

(4) Parking concealment for surface parking. Three points are awarded if

surface parking is screened from a street using one or more of the following materials:

(A) Earthen berm planted with turf grass or ground cover

recommended for local area use by the building official. The berm may not have a slope that

exceeds one foot of height for each three feet of width.

(B) A minimum three-foot-high solid masonry wall.

(C) Hedge-like evergreen plant materials recommended for local area

use by the building official. The plant materials must be located in a bed that is at least three feet

wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a

solid appearance within three years. Plant materials must be placed 36 inches on center over the

entire length of the bed unless a landscape architect recommends an alternative planting density

that the building official determines is capable of providing a solid appearance within three

years.

(D) No required parking space may be located more than 60 feet from

a large canopy tree.

(5) Special amenities.

(A) Enhanced pavement material.

(i) Three points are awarded if at least 50 percent of the

outdoor vehicular pavement area in the front yard is 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 if at least 50 percent of the

outdoor pedestrian pavement area is 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,

outdoor recreation facilities, and hike and bike paths, and one point for each work of public art

pursuant to Section 5lP-811124(d) up to a maximum of flue points.

(e) Mandatory provisions.

(1) Trees.

(A) Number and location.

(i) Each lot must have one or more trees whose trunk is

located wholly within the tree planting zone. The number of trees required is determined by

dividing the number of feet of lot frontage by 30

. Fractions are rounded to the nearest whole

number, with .5 being rounded up to the next higher whole number.

(ii) The tree planting zone is that area parallel to and between

two-and-one-half and eight feet from the back of the projected street curb

. Up to 50 percent of

the required trees may be planted in the street median rather than the tree planting zone. If a

property owner cannot obtain a parkway landscape permit to locate a required tree in the

parkway or median, the property owner shall 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 or median,

that tree is not required.

(B) Type. All required trees must be recommended for local area use

by the building official.

(C) Height and size. Required trees must have a minimum height of

six feet and a minimum trunk caliper of three inches measured at a point 12 inches above the root

ball

(D) Spacing. Required trees must be spaced as uniformly as

practicable. The trunk of a required tree must be within 50 feet of another required tree.

(E) Protected trees.

(i) Except as provided in this subparagraph, a protected tree

means a tree with a minimum caliper of eight inches or more, measured four-and-one-half feet

above the ground.

(ii) Juniperus virginiana (Eastern Red Cedar) and Prosopis

glandulosa

(Mesquite) with a minimum caliper of 12 inches or more, measured four-and-one half

feet above the ground, are considered protected trees.

(iii) A replacement tree is a protected tree.

(iv) The following are not protected trees:

- Acer saccharinum (Silver Maple).

-- Ailanthus altissima (Tree of Heaven).

— Albizziajulibrissen (Mimosa or Silktree).

-- Celtis occidenta!is/laevigata (Hackberry or

Sugarberry).

-- Fraxinus velutina (Arizona Ash).

-- Maclura pomfera [female onlyj (Bois d’Arc or

Horseapple).

-- Melia azedarach (Chinaberry).

-- Salix nigra (Black Willow).

-- Sabium sebferum (Chinese Tallow).

-- Ulmus pumila (Siberian Elm).

(2) 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. “Parkway” means the portion of a Street right-of-way between the street curb and the

lot line. 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

ManIla, 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.

(3) 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 building official.

The application must be in writing on a form approved by the building official 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 building

official 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 building official

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 building official

shall issue a parkway landscape permit to the property owner; otherwise, the building official

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 building

official’s denial of a parkway landscape permit.

(D) A parkway landscape permit issued by the building official is

subject to immediate revocation upon written notice if at any time the building official

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 building official’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.

(4) Landscape area materials.

(A) Artificial plant materials may not be used to satisfy the

requirements of this section.

(B) Plant materials used to satisfy the requirements of this section must

comply with the following minimum size requirements at the time of installation:

(i) Large trees must have a minimum caliper of three inches,

or a minimum height of twelve feet, depending on the standard measuring technique for the

species.

(ii) Small trees must have a minimum height of six feet.

(iii) Large shrubs must have a minimum height of three feet.

(C) For purposes of this paragraph, 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.

(D) In satisfying the landscaping requirements of this section, the use

of high quality, hardy, and drought tolerant plant materials is recommended and encouraged.

(5) Soil requirements.

(A) Except as provided in this paragraph, the following soil depths and

dimensions are required:

(i) For each large shrub or small tree installation, a minimum

of 24 inches of soil depth and 16 square feet of surface area (total of 32 cubic feet).

(ii) For each large tree installation, a minimum of 36 inches of

soil depth and 25 square feet of surface area (total of 75 cubic feet).

(B) Planting areas located above underground buildings or structures

must have the following soil depths and dimensions:

(i) For each large shrub or small tree installation, a minimum

of 30 inches of soil depth and 25 square feet of surface area (total of 62.5 cubic feet).

(ii) For each large tree installation, a minimum of 40 inches of

soil depth and 36 square feet of surface area (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 plant materials affected. Or, if soil

conditions require, tree may be planted in above-ground tree planters.

(6) Protection of landscape areas. Required landscape areas must be protected

from vehicular traffic using concrete curbs, wheel stops, or other permanent barriers.

(7) Irrigation requirements. Required plant materials must be located within

100 feet of a verifiable water supply or provide alternative methods for irrigation as approved by

the building official. Proposed watering methods, including irrigation, must be adequate to

maintain the plant materials in a healthy, growing condition at all times.

(f) Tree preservation, removal, and replacement.

(1) Tree removal and replacement in general.

(A) This subsection applies to all lots except for lots smaller than two

acres that contain single family or duplex uses.

(B) Except as provided in this subsection, tree preservation, removal

and replacement must comply with Division 51 A- 10.130.

(C) Subject to the provisions in this section regarding tree credits, the

total caliper inches of replacement trees must equal or exceed the total caliper inches of protected

trees removed, including those protected trees removed before any demolition activity on the

Property.

(2) Tree protection. A tree survey for that portion of the property shown on a

development plan must be submitted with the development plan and shall serve as the basis for

tree preservation, removal, and replacement activity.

(3) Tree replacement.

(A) An escarpment zone shown on a development plan may count

toward tree mitigation credit in the same manner as a conservation easement (See Section 51A-

10.135(d)).

(B) Tree mitigation may be accomplished by planting replacementtrees within one mile of this district.

(C) Trees having a minimum eight-inch caliper that are preserved in or

relocated to a park, a conservation easement, designated open space, or any other area shown on

a development plan may receive a 2:1 caliper inch credit that may be counted toward meeting the

requirement of this subsection.

(D) Tree that are relocated to and enhance the geologically similar area

may receive a 1:1 caliper inch credit that may count toward meeting the requirements of this

subsection.

(E) Live Oak, Red Oak, Cedar Elm, or Pecan trees located outside of

an identified escarpment zone area having a minimum caliper of 18 inches that are preserved in

place as shown on a development plan may receive a 5:1 caliper inch credit that may count

toward meeting the requirements of this subsection.

(4) Approval. Except as provided in this section, the building official must

approve all tree preservation, removal, and replacement in accordance with Division 51 A-

10130.

(5) Completion.

(A) The landscape plan for the final phase of development within the

district must include a plan to accomplish any remaining tree mitigation requirements.

(B) Tree replacement must be completed in accordance with Section

51A-l0.134(5) or by the earlier of either:

(i) within five years after the tree removal permit is issued for

the area; or

(ii) within 24 months after the issuance of the initial certificate

of occupancy for a structure within the area of the development plan.

(g) Planters allowed. Planters may be used to satisfy the requirements of this section

if the soil requirements in this section are met.

(h) When landscaping must be completed.

(1) Except as provided in Subsection (f) and Paragraph (h)(2), all landscaping

must be completed in accordance with the approved landscape plan before a certificate of

occupancy may be issued for any use on the lot.

(2) 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.

(i) Special exception. The board of adjustment may grant a special exception to the

landscaping requirements of this section upon making a finding from the evidence presented that

strict compliance with the requirements of this section will result in substantial financial hardship

or inequity to the applicant without sufficient corresponding benefit to the city and its citizens in

accomplishing the objectives and purposes of this section or where a special exception will

preserve mature trees or enhance the pedestrian environment.

(j) General maintenance. Required landscaping must be maintained in a healthy,

growing condition at all times, 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.