PD 225 State-Thomas SPD

SEC. 51P-225.116. DEVELOPMENT STANDARDS FOR THE INTERIOR NEIGHBORHOOD DISTRICT.

(k) Sidewalks.

(1) Generally. With the exception of Paragraphs (2) and (3) below, all property

owners in the Interior Neighborhood District are required to construct, prior to the issuance of a certificate

of occupancy, and maintain an unobstructed six-foot-wide sidewalk in an area parallel to and within zero

to 10 feet of the back of the projected street curb

. 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 pedestrianway. Except as otherwise provided in this article, the standards, provisions, and

requirements of Chapter 43, "Streets and Sidewalks," of the Dallas City Code, as amended, apply to all

sidewalks and driveways in the State-Thomas SPD.

(2) Allen Street Special Retail Subdistrict. All property owners in the Allen Street

Special Retail Subdistrict

are required to construct, prior to the issuance of a certificate of occupancy, and

maintain an unobstructed eight-foot-wide sidewalk in an area parallel to and within zero to 12 feet of the

back of the projected street curb

. 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

pedestrianway. Except as otherwise provided in this article, the standards, provisions, and requirements of

Chapter 43, "Streets and Sidewalks," of the Dallas City Code, as amended, apply to all sidewalks and

driveways in the State-Thomas SPD.

(3) Interior Transition Subdistrict. Owners of lots having frontage on Hibernia Street

are required to construct, prior to the issuance of a certificate of occupancy, and maintain an unobstructed

four-foot sidewalk in an area parallel to and within eight feet of the back of the projected street curb of Hibernia Street.

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 pedestrianway. Except

as otherwise provided in this article, the standards, provisions, and requirements of Chapter 43, "Streets

and Sidewalks," of the Dallas City Code, as amended, apply to all sidewalks and driveways in the State Thomas SPD.

SEC. 51P-225.117. DEVELOPMENT STANDARDS FOR THE FREEWAY FRONTAGE DISTRICT.

(j) Sidewalks.

(1) Generally. With the exception of Paragraph (2) below, all property owners are

required to construct, prior to the issuance of a certificate of occupancy, and maintain an unobstructed

eight-foot-wide sidewalk in an area parallel to and within zero to 12 feet of the back of the projected

street curb. 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 pedestrianway. Except as

otherwise provided in this article, the standards, provisions, and requirements of Chapter 43, "Streets and

Sidewalks," of the Dallas City Code, as amended, apply to all sidewalks and driveways in the StateThomas SPD.

(2) Woodall Mid-Rise Mix and Woodall Transition Subdistricts. Each property

owner is required to construct, prior to the issuance of a certificate of occupancy, and maintain an

unobstructed six-foot-wide sidewalk in an area parallel to and within zero to 10 feet of the back of the

projected street curb. 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 pedestrianway. Except

as otherwise provided in this article, the standards, provisions, and requirements of Chapter 43, "Streets

and Sidewalks," of the Dallas City Code, as amended, apply to all sidewalks and driveways in the StateThomas SPD.

SEC. 51P-225.118. DEVELOPMENT STANDARDS FOR THE FRINGE TRANSITION DISTRICT.

...

(i) Sidewalks. Each property owner is required to construct prior to the issuance of a

certificate of occupancy, and maintain an unobstructed four-foot-wide sidewalk in an area parallel to and

within zero to eight feet of the back of the projected street curb. 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 pedestrianway. Except as otherwise provided in this article, the standards,

provisions, and requirements of Chapter 43, "Streets and Sidewalks," of the Dallas City Code, as

amended, apply to all sidewalks and driveways in the State-Thomas SPD. ...

SEC. 51P-225.119. STATE-THOMAS SPD GENERAL PLAN REVIEW.

Prior to applying for a building permit, a person desiring to develop property in the State-Thomas

SPD shall consult with the director to discuss whether the project is consistent with the general plan for

the area and the requirements of this article. The director shall determine if the project complies with this

article generally, and shall advise the applicant of any landscape review, certificate of appropriateness

review, development impact review, or any other review which may be necessary prior to the issuance of

a building permit. The director shall forward a written copy of his determination to the building official.

(Ord. Nos. 19084; 25711)

SEC. 51P-225.121. LANDSCAPING IN THE INTERIOR NEIGHBORHOOD,

FREEWAY FRONTAGE, AND FRINGE TRANSITION DISTRICTS.

(a) Purpose. The process of development with its alteration of the natural topography,

vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an

area by causing increases in air temperatures and accelerating the processes of runoff, erosion, and

sedimentation. The economic base of the city can and should be protected through the preservation and

enhancement of the unique natural beauty, environment, and vegetative space in this area. Recognizing

that the general objectives of this section are to promote and protect the health, safety, and welfare of the

public, the city council further declares that this section is adopted for the following specific purposes:

(1) To aid in stabilizing the environment's ecological balance by contributing to the

processes of air purification, oxygen regeneration, ground-water recharge, and storm water runoff

retardation, while at the same time aiding in noise, glare, and heat abatement.

(2) To provide visual buffering between land uses of differing character.

(3) To enhance the beautification of the city.

(4) To safeguard and enhance property values and to protect public and private

investment.

(5) To conserve energy.

(6) To provide habitat for wildlife.

(b) Application of section. This section applies to all districts in the State-Thomas Special

Purpose District except the Historic District. This section applies to all uses on a lot when an application

for a building permit for work on the lot is made, unless the application is for:

(1) restoration of a building that has been damaged or destroyed by fire, explosion,

flood, tornado, riot, act of the public enemy, or accident of any kind. For purposes of this subsection,

"restoration" means the act of putting back into a former or original state; or

(2) construction work that does not increase:

(A) the number of buildings on the lot;

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

(C) the floor area of a building on the lot by more than 10 percent or 10,000

square feet, whichever is less; or

(D) the nonpermeable coverage of the lot by more than 2,000 square feet.

(c) Parks. In city parks over five acres in size, the director of parks and recreation shall

designate the boundaries of the lot for purposes of this section. The lot designated by the director must:

(1) wholly include the area on which the work is to be done; and

(2) be clearly delineated on plans submitted to the building official at the time the

application for a building permit is made.

(d) Binding effect. When this section becomes applicable to a lot, its requirements are

binding on all current and subsequent owners of the lot.

(e) Consistency. The city council shall, at a minimum, impose landscaping requirements

consistent with the standards and purposes of this section as a part of all ordinances establishing or

amending districts other than the Historic District in the State-Thomas Special Purpose District.

(f) Special exception. The board may grant a special exception to the landscaping

requirements of this section upon making a special 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.

(g) Fee waiver. The board may waive the filing fee for a special exception under Subsection

(f) when the board finds that payment of the fee would result in financial hardship to the applicant. The

applicant may either pay the fee and request reimbursement as part of his appeal or request that the matter

be placed on the board's miscellaneous docket for predetermination. If the matter is placed on the

miscellaneous docket, the applicant may not file his appeal until the merits of the request for waiver have

been determined by the board.

(h) Landscape plan submission.

(1) If this section applies to a lot pursuant to Subsection (b), a landscape plan must

be submitted to the building official with the application for a building permit for work on the lot.

(2) If a landscape plan is required under Paragraph (1), the plan must be submitted to

and approved by the building official before a building permit is issued for the work. A landscape plan

submission must consist of two blueline or blackline 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 be on a standard drawing

sheet of a size not to exceed 36 inches by 48 inches. A plan which cannot be drawn in its entirety on a 36

inch by 48 inch sheet must be drawn with appropriate match lines on two or more sheets.

(3) A landscape plan required under this section 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, and the subdistrict classification of adjacent properties. A vicinity map should

also be attached to or made a part of the plan.

(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 internal 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).

(i) Landscape plan review.

(1) The building official shall review each landscape plan submitted to determine

whether or not it complies with the requirements of this section. All landscape plans must comply with

the mandatory provisions in Subsection (j). In addition, all landscape plans must earn a minimum of 20

"points."

Points are awarded for specified landscape features and elements based on their relative value or

merit.

(2) The alternatives from which an applicant may select to achieve the minimum

point score needed for approval are referred to in this section as "design standards" and contained in

Subsection (k).

(j) Mandatory provisions.

(1) Trees.

(A) Tree planting zone. For purposes of this section, the "tree planting zone"

is that area parallel to and between two and one-half and four feet from the back of the projected street

curb.

[If the tree planting zone is in the parkway, the property owner must apply for a parkway landscape

permit before any required trees may be planted in the parkway. See Subparagraph (H) of this paragraph

for more details regarding the parkway landscape permit.]

(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 trees is

determined by dividing the number of feet of lot frontage by 25. Fractions are rounded to the nearest

whole number, with .5 being rounded up to the next higher whole number. All required trees must be

recommended for local area use by the director of parks and recreation. If a property owner cannot obtain

a parkway landscape permit to locate a required tree in the parkway, he 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 a required tree in the parkway, the

property owner need not provide that required tree

.

(C) 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 measured at a point

12 inches above the root ball.

(D) Tree spacing requirements. 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) Minimum clearance above pavement. The property owner shall maintain

all trees to comply with the following minimum vertical height clearances over street and sidewalk

pavements:

(i) Thirteen and one-half feet above street pavement.

(ii) Eight feet above a public sidewalk and any sidewalk required by

this article.

(F) Tree grates required near sidewalks. Tree grates conforming to state

standards and specifications adopted to eliminate, insofar as possible, architectural barriers encountered

by aged, handicapped, or disabled persons, and of a size adequate to permit healthy tree growth must be

provided for all trees whose trunks are within 18 inches of a public sidewalk and any sidewalk required

by this article

.

(G) Private license granted. The city council hereby grants a private license

to the owners of all property in the State-Thomas SPD for the exclusive purpose of authorizing

compliance with the parkway landscaping requirements of this section. A property owner 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 in accordance with Subparagraph (H) of this paragraph. This private license shall not

terminate at the end of any specific time period, however, the city council retains the right to terminate

this license whenever in its judgment the purpose or use of this license is inconsistent with the public use

of the right-of-way or whenever the purpose or use of this license is likely to become a nuisance.

(H) Parkway landscape permit.

(i) It is the responsibility of the property owner to apply for and

obtain a parkway landscape permit before locating trees, landscaping, or pavement other than for the

sidewalk required under this article in the parkway. An application for a parkway landscape permit, if

required, must be made to the director of public works and transportation before an application for a

building permit is made for work on the lot. The application must be in writing on a form approved by the

director of public works and transportation and accompanied by plans or drawings showing the area of the

parkway affected and the construction and planting proposed.

(ii) Upon receipt of the application and any required fees, the

director of public works and transportation 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 of public works and transportation determines that the construction and planting proposed will

not be inconsistent with and will not unreasonable 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.

(iii) A property owner is not required to comply with any parkway

landscaping requirement of this section if compliance is made impossible due to the director of public

works and transportation's denial of a parkway landscape permit.

(iv) A parkway landscape permit issued by the director of public

works and transportation 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.

(v) The issuance of a parkway landscape permit under this section

does not excuse the property owner, his agents, or employees from liability in the installation or

maintenance of trees, landscaping, or pavement in the public right-of-way.

(2) Screening of off-street loading spaces and service areas.

(A) Off-street loading spaces and service areas on the lot must be screened

from:

(i) all public streets; and

(ii) all adjoining property whether abutting or directly across a street

or alley.

(B) The screening required under Paragraph (2)(A) 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 51-

4.602(b)(3), except that screening around service areas for trash collection must be screened only by a

masonry wall.

(3) Acceptable landscape materials.

(A) No artificial plant materials may 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 six 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 Paragraph (3)(B), "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 retirements of this section, the use of high-quality,

hardy, and drought-tolerant plant materials is recommended and encouraged.

(4) Soil requirements.

(A) Landscape planting areas in general must have the following soil depths

and dimensions:

(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) Landscape 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.

(5) 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.

(6) Irrigation requirements. Required plant materials must be located within 100 feet

of a verifiable water supply. Proposed watering methods (irrigation or otherwise) must be:

(A) indicated on the landscape plan; and

(B) adequate to maintain the plant materials in a healthy, growing condition

at all times.

(7) Pedestrian scale lighting. Pedestrian scale lighting that provides a minimum

maintained average illumination level of 1.5 footcandles along all sidewalks on or adjacent to the lot and

adjacent to a public street must be provided. For purposes of this subsection, pedestrian scale lighting

means that the light emanates from a source that is no more than 14 feet above the grade of the sidewalk.

The design and placement of both the standards and fixtures must be approved by the director of public

works and transportation. Each property owner is responsible for the cost of installation, operation, and

maintenance of the lighting on his property or in the public right-of-way adjacent to his property.

(k) Design standards. In order to earn points under this subsection, landscape areas must be

placed in the front yard of a building site.

(1) Percentage of front yard area. One point is awarded for each three percent of the

total front yard area provided as landscape area 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) for every 100 square feet of landscape area, or fraction thereof has a

minimum of:

(i) one large canopy tree;

(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) Parking concealment. Five points are awarded for providing all parking in

structures which:

(A) have all facades covered with the same material as the main building; or

(B) are totally underground.

(3) Existing tree credits. Existing healthy trees are categorized in accordance with

the definitions of this section and credited toward meeting design standards as follows:

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

to the street parkway, having a caliper equal to or greater than four inches but less than six 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 street parkway, having a caliper equal to or greater than six inches but less than 12 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 street parkway, having a caliper equal to or greater than 12 inches, a credit of three required large

trees is allowed.

(4) 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(s) 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.)

(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, and outdoor recreation facilities, up

to a maximum of five points.

(l) When landscaping must be completed.

(1) Except as otherwise provided in Paragraph (2) below, all landscaping must be

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

issued for any building 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) a copy of a valid contract to install the landscaping in accordance with

the landscape plan within the six-month period; or

(B) 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:

(i) expressly provide that they may be enforced by the city;

(ii) be approved as to form by the city attorney; and

(iii) be filed in the deed records of the county in which the land is located.

(3) If a temporary certificate of occupancy is issued under Paragraph (2) and, at the

end of the six-month period, no permanent certificate of occupancy has been issued because the

landscaping has not been installed in accordance with the landscape plan, the owner of the property is

liable to the city for a civil penalty in the amount of $200 a day for each calendar day thereafter until the

landscaping is properly installed. The building official shall give written notice to the property owner of

the amount owed to the city in civil penalties, and shall notify the city attorney of any unpaid civil

penalty. The city attorney shall collect unpaid civil penalties in a suit on the city's behalf.

(4) The civil penalty provided for in Subsection (c) is in addition to any other

enforcement remedies the city may have under city ordinances and state law.

(m) General maintenance.

(1) 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.

(2) Any damage to utility lines resulting from the negligence of the property owner

or his agents or employees in the installation and maintenance of required landscaping in a utility

easement is the responsibility of the property owner. If a public utility disturbs a landscaped area in a

utility easement, it shall make every reasonable effort to preserve the landscaping materials and return

them to their prior locations after the utility work. If, nonetheless, some plant materials die, it is the

obligation of the property owner to replace the plant materials. (Ord. Nos. 19084; 25711)