PD 830 - Bishop/Davis PD

SEC. 51P-830.101. LEGISLATIVE HISTORY.

PD 830 was established by Ordinance No. , passed by the Dallas City Council on

August 11, 2010.

SEC. 51P-830.102. PROPERTY LOCATION AND SIZE.

PD 830 is established on property located along the Bishop Avenue Corridor between

Colorado Boulevard and Davis Street; property located along the Davis Street Corridor, bounded

by Plymouth Road on the west and Zang Boulevard on the east; and excluding property zoned

Planned Development District No. 160, Planned Development No. 340, Planned Development

No. 87/Historic District 15, Conservation District No. 1, and Conservation District 7. The size of

PD 830 is approximately 290.5 acres.

SEC. 51P-830.103. CREATION OF SUBDISTRICTS.

This district is divided into the following subdistricts:

(1) Subdistrict 1: Bishop Avenue.

(2) Subdistict 2: Subdistrict 2 is not created as part of this PD. See

Conservation District No. 7 (Bishop/Eighth Street Conservation District) for the use

regulations and development standards in that area.

(3) Subdistrict 3: East Garden District.

(4) Subdistrict 4: Kidd Springs Park.

(5) Subdistrict 5: Kings Highway Gateway.

(6) Subdistrict 6: Davis Corridor.

(7) Subdistrict 7: Winnetka Heights Village.

(8) Subdistricts 8 and 8A: West Garden District.

(15) OPEN SPACE means an area that is open to the public for at least eight

hours each day, limited to pedestrians, is at least 80 percent open to the sky, a contiguous area of

not less than 15 feet in width and 25 feet in length, and where a minimum of 25 percent of the

open space area is landscaped with turf, ground cover, shrubs, trees, seasonal plantings, or a

combination of these plant materials.

SEC. 51P-830.107. CONCEPTUAL PLAN.

(a) There is no conceptual plan for this district.

(b) The Bishop/Davis Land Use and Zoning Study should be consulted for goals,

objectives, policy statements, and recommendations for development of this district.

SEC. 51P-830.108. DEVELOPMENT PLAN.

No development plan is required, and the provisions of Section 51A-4.702 regarding

submission of or amendments to a development plan, site analysis plan, conceptual plan,

development schedule, and landscape plan do not apply.

SEC. 51P-830.120. LANDSCAPING.

(a) General.

(1) Except as provided in this section, landscaping must be provided in

accordance with Article X.

(2) Required landscaping may be located in the public right-of-way.

(3) Required landscaping and design standards located in adjacent rights-of-way

may count toward the site requirements.

(b) Subdistricts 3 and 6. The following additional landscaping provisions apply:

(1) Street trees.

(A) Except as provided in this paragraph, one large canopy tree having

a caliper of at least three inches must be provided no closer than 25 feet on center for every 40

feet of street frontage and may be planted within 25 feet of back of curb.

(B) If the city arborist determines that the planting space for the

required tree is inadequate or that utility lines prohibit the planting, two small trees may count

toward the street tree requirements.

(2) Surface parking landscaping.

(A) Parking spaces in a surface parking lot may be located no more

than 75 feet from the trunk of a large canopy tree in a median or island.

(B) Each large canopy tree must have a caliper of at least two inches,

must be located in a median or island that is no closer than four feet to the paved portion of the

parking lot.

(C) A median or island that is located in a surface parking lot must be a

minimum of 125 square feet in area.

(c) 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 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.

(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

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.

(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-ofway.

(d) 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 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.

(2) 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.

(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 building official’s denial

of a parkway landscape permit.

(4) 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.

(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.

(e) Maintenance. Plant materials must be maintained in a healthy, growing condition.

SEC. 51P-830.123. STREET AND SIDEWALK STANDARDS.

(a) Davis Street and Bishop Avenue (South of Davis).

(1) A minimum 10-foot-wide sidewalk, with a minimum seven-foot-wide

unobstructed sidewalk must be provided.

(2) Where the existing right-of-way width does not allow for the required

sidewalk width, an additional sidewalk easement must be provided at the time of platting to

achieve a 10-foot-wide sidewalk, unless a building exists as of August 11, 2010 does not allow

for the required sidewalk width.

(3) On-street parallel parking with curbed neck-downs is required in

accordance with Article XIII, Form Districts.”

(b) All other streets. A minimum six-foot-wide unobstructed sidewalk must be

provided.

(c) Pedestrian amenities.

(1) In general.

(A) Pedestrian amenities must be accessible to the public.

(B) Pedestrian amenities must be located at least seven feet away from

a transit stop.

(C) Canopies, awning, and street lamps must have a minimum

clearance above a sidewalk of eight feet.

(D) Light fixtures may not exceed 14 feet in height. Light fixtures must

be cut-off type luminaires that direct lighting downward.

(E) Except as provided in this subsection, pedestrian amenities must be

provided on each building site with a minimum street frontage of 100 feet and must be located

within the curb-to-building area, but may not be located within the unobstructed sidewalk width.

(2) Davis Street and Bishop Avenue.

(A) The following pedestrian amenities must be provided:

(i) At least one bench per 100 feet of street frontage;

(ii) At least one trash receptacle per 100 feet of street frontage;

(iii) Free-standing or wall-mounted street lamps as specified in

Article XIII, “Form Districts.”

(B) At least one of the following pedestrian amenities must be

provided on each building site:

(i) Awnings or canopies with a minimum overhang of four

feet and a minimum length of 25 feet per 100 feet of building facade along the street frontage.

(ii) At least one five-bicycle parking unit per 100 feet of street

frontage.

(iii) Public art, approved in writing by the director of the office

of cultural affairs or the cultural affairs commission.

(3) All other streets. The following pedestrian amenities must be provided:

(a) At least one free-standing street lamp, street light suspended

between structures, or wall mounted street lamp per 60 feet of street frontage.

(b) At least one trash receptacle per 100 feet of street frontage.

(4) Maintenance. Pedestrian amenities must be maintained in a state of good

repair and neat appearance.

(5) Driveway design.

(a) Pedestrian crosswalks across ingress and egress driveways must be

clearly marked by colored concrete or patterned or stamped concrete and approved by the

director of public works and transportation. Pedestrian crosswalk markings on the same block

frontage must be consistent.

(b) Curb cuts for driveways must be at least 12 feet but not more than

24 feet in length measured parallel to the frontage.