PD 521 Mountain Creek PD

SEC. 51P-521.105. CONCEPTUAL PLANS.

Development and use of the Property must comply with the conceptual plans entitled, "Concept Development Plan - North Zone" and "Concept Development Plan - South Zone." In the event of a conflict between the provisions of this article and the conceptual plans, the provisions of this article control. (Ord. Nos. 24425; 24914)

SEC. 51P-521.106. DEVELOPMENT PLAN.

(a) A development plan for each phase of development must be approved by the city plan commission before issuance of any building permit within that phase. (See Subsection 51P-521.118(c) for additional requirements.)

(b) There is no time requirement for the submittal of a development plan within this district, and the portion of Paragraph (4) of Subsection (c), "Site Plan Procedure," of Section 51A-4.702, providing for submission of a development plan within six months of the city council approval of the PD ordinance, does not apply.

(c) For any single family detached development, an approved preliminary plat may be submitted to the city plan commission for approval as a development plan.

(d) Single family subdivision plats, approved and recorded at the county records building as of the date of passage (November 11, 1998) of Ordinance No. 23711, for property located in this district, are recognized as approved development plans. Refer to Exhibit 521D for copies of these plats.

(e) The development plans that were approved pursuant to Planned Development District No. 187 are recognized as approved development plans within this district. Refer to Exhibit 521E for copies of these development plans.

(6) If an applicant simultaneously submits a specific use permit request along with a request for development plan approval, no site plan is required for the specific use permit portion of the request. (Ord. Nos. 24425; 24914)

SEC. 51P-521.110. OFF-STREET PARKING AND LOADING.

(a) Except as otherwise provided in this article, consult the use regulations contained in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. Consult the off-street parking and loading regulations (Divisions 51A-4.300 et seq.) for information regarding off-street parking and loading generally.

(b) In Subdistrict B. In addition to the authority of the board of adjustment to consider parking special exceptions under Section 51A-4.311, the board of adjustment may grant a special exception to authorize a reduction of up to 75 percent of the number of off-street parking spaces for wholesale, distribution, and storage uses in Subdistrict B. All other provisions of Section 51A-4.311 shall apply to such an exception. (Ord. Nos. 24425; 24914; 25481)

SEC. 51P-521.112. LANDSCAPING.

(a) Except as otherwise provided below for Subdistrict B, landscaping in this district must be provided in compliance with the requirements of Article X.

(b) In Subdistrict B, the following additional landscaping requirements apply.

(1) A landscape buffer, a minimum of 35 feet in width, is required along the entire length of lot frontage adjacent to a divided thoroughfare, excluding points of ingress and egress.

(2) A landscape buffer, a minimum of 20 feet in width, is required along the entire length of lot frontage adjacent to an undivided thoroughfare, excluding points of ingress and egress.

(3) Prior to the issuance of a certificate of occupancy for a use with loading docks that face Mountain Creek Parkway, the following must be provided:

(A) A landscape buffer, a minimum of 60 feet in width, along the entire length of lot frontage adjacent to Mountain Creek Parkway, excluding points of ingress and egress.

(B) A minimum five-foot-high landscaped earthen berm with continuous three-foot-high evergreen plantings located within the 60-foot-wide landscape buffer.

(4) Except as provided in this paragraph, a side and rear yard landscape buffer, a minimum of 10 feet in width, is required. If two or three contiguous lots share truck loading areas, no landscape buffer is required along the shared side yard used for truck loading and maneuvering. See Exhibit 521F for an illustration of this landscaping provision.

(A) For industrial uses and wholesale, distribution, and storage uses, a minimum of one large canopy tree must be provided for each 150 linear feet of a side and rear yard landscape buffer, to be planted no closer together than 50 feet on center.

(B) Where a rear yard backs up to a floodway management area or floodway easement, the 10-foot buffer minimum planting requirements do not apply. This provision does not apply to drainage easements erected under direction of the U.S. Army Corps of Engineers.

(5) For the uses listed, a minimum of the following area must be landscaped:

(A) For industrial and wholesale, distribution, and storage uses, a landscaped area consisting of grass, shrubs, or trees equal to five percent of the lot area.

(B) For office uses, a landscaped area consisting of grass, shrubs, or trees equal to 10 percent of the lot area.

(C) For retail and personal service uses and commercial and business service uses, a landscaped area consisting of grass, shrubs, or trees equal to 15 percent of the lot area.

(c) Private license granted in Subdistrict B.

(1) The city council hereby grants a revocable, non-exclusive license to the owners, or with the written consent of the owner, to the tenants (“property owner”) of all property in this subdistrict for the exclusive purpose of authorizing compliance with the parkway landscaping requirements of this article. 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 the Dallas Building Code, or Subsection (d) of this section. This private license shall not terminate at the end of any specific time period, however, the city council reserves and has the absolute 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 of the necessity for such termination shall be final and binding and the city shall become entitled to possession of the premises without giving any notice and without the necessity of legal proceedings to obtain possession whenever in its judgment the purpose or use of this license is inconsistent with the public use of the right-of-way or when the purpose or use of this license is likely to become a nuisance or a public safety issue. Upon termination of the license by the director, each property owner shall remove all improvements and installations in the public rights-of-way in a manner satisfactory to the director of public works and transportation.

(2) A property owner is not required to comply with any landscaping requirement if compliance is made impossible due to the director's revocation of a landscape permit or the revocation of the license granted herein affecting landscaping.

(3) Upon the installation of landscaping and related amenities, such as irrigation systems, in the public rights-of-way, the property owner 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 license granted herein, with combined single limits of liability for bodily injury and property damage of not less that $1,000,000 for each occurrence, $2,000,000 annual aggregate. Coverage under this liability policy shall be on an “occurrence” basis and the city shall be named as additional insured. Proof of such insurance shall be sent to: Office of Risk Management, City of Dallas, 1500 Marilla, 1/C/North, Dallas, Texas 75201 and the policy shall 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 same are covered by this liability insurance policy.

(4) Each property owner shall be responsible for maintaining the landscaping and related amenities in good repair and condition and to keep the premises safe and from deteriorating in value or condition, at no expense to the city, and the city shall be absolutely exempt from any requirements to make repairs or to maintain the landscaping and related amenities. The granting of a license for landscaping and related amenities under this section does not release the property owner from liability in the installation or maintenance of trees, landscaping, and related amenities in the public right-of-way.

(d) Parkway landscape permit in Subdistrict B.

(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 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 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 and 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 section does not excuse the property owner, his agents, or employees from liability in the installation or maintenance of trees or other amenities in the public right-of-way. (Ord. Nos. 24425; 24914; 25481)

End of Landscaping

SEC. 51P-521.114. FLOOD PLAIN AND ESCARPMENT ZONE REGULATIONS.

Development within this district must comply with Article V. (Ord. Nos. 24425; 24914)

SEC. 51P-521.117. NET DEVELOPABLE AREA CALCULATIONS.

All residential densities (dwelling units per acre) and all floor area ratios are calculated by using the "net developable area." The net developable area is calculated by subtracting the following from the gross acreage of each subarea:

(1) Thoroughfares shown on the conceptual plans.

(2) Land areas where slopes exceed a 25 percent grade.

(3) Drainage ways.

(4) The escarpment zone. (Ord. Nos. 24425; 24914)

SEC. 51P-521.117.1. SIDEWALKS.

(a) Except as otherwise provided in this article, the standards, provisions, and requirements of the Dallas City Code, as amended, apply to all sidewalks.

(b) In Subdistrict B, a sidewalk a minimum of six feet in width must be provided along the eastern frontage of Mountain Creek Parkway. The location of this sidewalk is subject to the approval of the director, but should be generally located in that area parallel to and between five and 15 feet from the back of the projected street curb. Notwithstanding Subsection (a) above, the sidewalk requirements along the western frontage of Mountain Creek Parkway are waived until the director deems it necessary to construct such sidewalk for safety and mobility issues.

(c) Should the director waive the required sidewalks in Subdistrict B, the waiver does not preclude the city from installing sidewalks at some later time and assessing the abutting owners for the cost of the installation. (Ord. 25481)

SEC. 51P-521.118. ADDITIONAL PROVISIONS.

(a) The entire Property must be properly maintained in a state of good repair and neat appearance.

(b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city.

NOTE: Due to the presence of highly expansive soil conditions on property within this district, the building official, in accordance with the provisions of the Dallas Building Code, currently requires that all building permit applications submitted for structures in this district be accompanied by a letter bearing the seal and signature of a professional engineer registered in the State of Texas and must contain the street address and lot and block of the building site and a statement that the foundation has been designed to soil conditions based on a soil analysis prepared by a recognized testing laboratory in accordance with the Dallas Building Code.

(c) Prior to development plan approval or action on a specific use permit request by the city plan commission in Subdistricts S-2a, S-2b, S-3, S-4, S-5, S-6, S-7, S-8, S-9, or S-10, written notification must be sent to all owners of real property lying within 500 feet of the boundary of the area of request. Measurements and the mailing of notices must be made pursuant to the requirements of Section 51A-4.701(b)(5). (Ord. Nos. 24425; 24914; 26102)