PD 621 Old Trinity and Design SPD

Abridged ordinance for understanding landscaping and site design elements.

PD 621Exhibit 621B MAP

Design District Tax Increment Financing District - Project Plan (2006)

SEC. 51P-621.101. LEGISLATIVE HISTORY.

PD 621 was established by Ordinance No. 25013, passed by the Dallas City Council on August

28, 2002. (Ord. 25013)

SEC. 51P-621.102. PROPERTY LOCATION AND SIZE.

PD 621 is established on property generally bounded by Sylvan Avenue/Wycliff Avenue on the

northwest, the meanders of the old channel of the Trinity River on the north, Interstate 35 on the east,

Continental Avenue on the south, and the Trinity River Floodway on the west. The size of PD 621 is

approximately 415.13 acres. (Ord. Nos. 25013; 25560; 27006)

SEC. 51P-621.102.1. CREATION OF SUBDISTRICTS.

(a) Name. This special purpose district is to be known as the Old Trinity and Design District

Special Purpose District.

(b) Creation of subdistricts.

(1) This special purpose district is divided into four subdistricts. Exhibit 621A

describes the boundaries of each subdistrict. The map labelled Exhibit 621B shows the boundaries of each

subdistrict. In case of a conflict, the verbal description in Exhibit 621A controls over the map in Exhibit

621B.

(2) Subdistricts 1, 1A, and 1B are transit-oriented, mixed-use zoning district for the

development of combinations of medium-density residential, retail, and office uses. Development should

encourage residential, retail, office, and lodging uses in compatible combinations within walking distance

of DART light-rail stations; conserve energy; provide for efficient traffic circulation; conserve land;

minimize vehicular travel; encourage both day-time and night-time activity; encourage use of mass

transit; increase pedestrian activity; and encourage bicycle usage. Subdistricts 1, 1A, and 1B retain the

potential for limited industrial and warehouse uses.

(3) Subdistrict 2 is for MU-3 Mixed Use District uses, bus or rail transit vehicle

maintenance or storage facility uses, and commercial bus station and terminal uses. (Ord. Nos. 25013;

26975; 27006; 27280)

Definitions:

(5) CANOPY TREE means a species of tree that normally bears crown foliage no

lower than six feet above ground upon maturity.

(8) MAJOR MODIFICATION means reconstruction, alteration, or renovation of an

original building that exceeds 50 percent of the value of the original building assessed by the Dallas

Central Appraisal District or any increase in the floor area of an original building if the expansion is over

50 percent for nonresidential projects, over 65 percent for mixed use projects, and over 75 percent for

residential projects.

(17) RAILBEDS means the areas shown on the map labelled Exhibit 621D.

SEC. 51P-621.112. LANDSCAPING.

(a) General requirements applicable to all subdistricts.

(1) Required tree species. All required trees must be from the following list of Texas

native species:

Scientific name Common name

Aesculus glaba v. arguta Texas buckeye

Aesculus pavia Red buckeye

Bumelia lanuginosa Woolly-bucket bumelia

Carya illinoinensis Pecan

Carya texana Black hickory

Cercis canadensis v. Canadensis Eastern redbud

Diospyros virginiana Common persimmon

Ilex decidua Deciduous holly

Ilex vomitoria Yaupon holly

Juglans nigra Black walnut

Juniperus virginiana Eastern red cedar

Morus rubra Red mulberry

Myrica cerifera Wax myrtle

Prunus mexicana Mexican plum

Quercus macrocarpa Bur oak

Quercus marilandica Blackjack oak

Quercus shumardii Shumard red oak

Quercus stellata Post oak

Quercus virginiana Live Oak

Rhamnus caroliniana Carolina buckthorn

Rhus copallina Flameleaf sumac

Rhus virens Evergreen sumac

Sapindus drummondii Western soapberry

Sophora affinis Eve's necklace

Taxodium distichum Bald cypress

Ulmus americana American elm

Ulmus crassifolia Cedar elm

Viburnum rufidulum Rusty blackhaw viburnum

Zanthoxylum clavaherculis Hercules' club

(2) Prohibited trees.

(A) The following trees may not be planted within this special purpose

district:

Scientific name Common name

Populus deltoides Cottonwood

Albizia julbrissen Mimosa

(B) Bradford pears (pyrus calleryana) may be planted as site trees. Bradford

pears may not be used as street trees, used as landscape buffer trees, or planted in the public right-of-way.

(3) Street trees.

(A) In Subdistricts 1, 1A, and 1B, one street tree must be provided per 25

feet of street frontage, with a minimum of one street tree per building site. In Subdistrict 2, one street tree

must be provided per 50 feet of street frontage, with a minimum of one street tree per building site.

(B) Street trees must be located on the building site within 50 feet of the

projected street curb, except that street trees may be located in the public right-of-way if all private

licensing requirements of the city code and charter are met and a right-of-way landscape permit is

obtained from the city. For purposes of this subparagraph, “projected street curb” means the future

location of the street curb consistent with the City of Dallas Thoroughfare Plan as determined by the

director of public works and transportation.

(C) Street trees must be provided for all new construction.

(4) Landscaping in the public right-of-way.

(A) Landscaping may be located in the public right-of-way if a right-of-way

landscape permit is obtained from the city.

(B) Plants in the public right-of-way may not obstruct visibility or create a

traffic hazard. See Section 51A-4.602(d), “Visual Obstruction Regulations.”

(C) The city council hereby grants a non-exclusive revocable license to the

owners or tenants (with written consent of the owner) of all property within this special purpose district

for the exclusive purpose of authorizing compliance with the landscaping requirements of this special

purpose district. 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 right-of-way landscape permit in accordance with the

Dallas Building Code. This private license will not terminate at the end of any specific time period;

however, the city council reserves the right to terminate this license at will, by resolution passed by the

city council, at 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 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.

(D) A property owner or tenant is not required to comply with any right-ofway landscaping requirement

to the extent that compliance is made impossible due to the city council’s

revocation of a right-of-way landscape permit or the revocation of the private license granted under this

subsection.

(E) Upon the installation of landscaping in the public right-of-way, the

owners or tenants shall procure, pay for, and keep in full force and effect commercial general liability

insurance coverage with an insurance company authorized to do business in the State of Texas and

otherwise acceptable to the city, covering, but not limited to, the liability assumed under the private

license granted under this subsection, with combined single limits of liability for bodily injury and

property damage of not less than $1,000,000 for each occurrence, and $2,000,000 annual aggregate.

Coverage under this liability policy must be on an occurrence basis and the city shall be named as

additional insured. Proof of such insurance must be sent to: Office of Risk Management, City of Dallas,

1500 Marilla, Dallas, Texas 75201, and the policy must provide for 30 days prior written notice to the

Office of Risk Management of cancellation, expiration, non-renewal, or material change in coverage. All

subrogation rights for loss or damage against the city are hereby waived to the extent that they are

covered by this liability insurance policy.

(F) Each owner or tenant is responsible for maintaining the landscaping in a

healthy, growing condition, and for keeping the premises safe and in good condition and repair, at no

expense to the city, and the city is absolutely exempt from any requirements to make repairs or maintain

the landscaping. The granting of a license for landscaping under this subsection does not release the owner

or tenant from liability for the installation or maintenance of trees and landscaping in the public

right-of-way.

(5) Visual obstruction regulations.

A property owner is not required to comply with

the landscaping requirements of this section to the extent that compliance is made impossible by

Subsection (d), “Visual Obstruction Regulations,” of Section 51A-4.602, “Fence, Screening, and Visual

Obstruction Regulations.”

(b) Subdistricts 1, 1A, and 1B.

(1) General requirement.

Except as otherwise provided in this section, landscaping

must be provided as required by Article X.

(2) Landscaping in railbeds.

(A) Any landscaping planted in the area to the centerline of a railbed may be

used to satisfy required landscaping for the adjacent property. Landscaping planted in a railbed may not

be located in an access easement.

(B) The requirements of Section 51A-10.125(b)(5), “Parking Lot Trees,” do

not apply to parking located within a railbed.

(3) Parking lot buffer.

A five-foot-wide landscaped strip must be located along any

edge of a parking lot or parking structure that is visible at grade level from a street. A minimum three inch-caliper tree

must be located every 15 feet, or fraction thereof, or clustered every 30 feet within the landscaped strip.

(4) Plant requirements.

Plants used to satisfy the landscape requirements must

comply with the following requirements:

(A) A large evergreen shrub must have the ability to grow to a minimum

height of three feet within three years.

(B) Solid sod or hydro-mulch grass may be used.

(C) Artificial plant materials may not be used.

(D) Any required landscaping that dies must be replaced.

(5) Landscape plan.

A landscape plan must accompany any application for a

building permit to expand floor area if the expansion is over 50 percent for nonresidential projects, over

65 percent for mixed use projects, or over 75 percent for residential projects. A landscape plan must earn

at least 50 points (out of a total of 155 possible points.) The points awarded for providing these features

are provided in parentheses. Existing landscaping qualifies for points.

(A) Lighting. (Total possible points = 20) Ten points each are awarded for

providing tree lighting, light bollards, light poles, building facade lighting, or landscaped area lighting, up

to a maximum of 20 points. The lighting provided must be at least 1.5 foot-candles in intensity over

adjacent pedestrian areas.

(B) Landscaping on rooftops and facades. (Total possible points = 30) Ten

points each are awarded for large planters, hanging planters, exterior embedded or extended planters, and

vine supports on rooftops or along front facades up to a maximum of 30 points. Vines within ground-based planters

must be able to extend above one-half the total height of the ground story of the main structure.

(C) Landscape buffer. (Total possible points = 25) The landscape buffer

must be a minimum of 80 square feet. A mix of plant materials may be used.

(D) Tree canopy at the street frontage. (Total possible points = 20) Points

may be obtained for planting canopy trees along the entire street frontage, exclusive of vehicular and

pedestrian entrances and exits. The trees may be planted in the right-of-way if a right-of-way landscape

permit is obtained. Ten points are awarded for planting these trees at a density of one tree per 30 linear

feet of street frontage and 20 points are awarded for planting these trees at a density of one tree per 15

linear feet of street frontage. Note: Power lines may affect the types of trees used.

(E) Seasonal color landscaping. (Total possible points = 20) Points may be

obtained for providing a landscape area for seasonal color in planting beds, raised planters, or pots. Five

points are awarded for a landscape area that is equal to at least one-fourth of a square foot multiplied by

the number of feet of street frontage. Ten points are awarded for a landscape area that is equal to at least

one-half of a square foot multiplied by the number of feet of street frontage. Fifteen points are awarded

for a landscape area that is equal to at least three-fourths of a square foot multiplied by the number of feet

of street frontage. The plants in the landscape area must be changed at least twice per year with the

appropriate seasonal color plants. This area must contain the appropriate seasonal landscaping at all times

except when the landscaping is being changed at the beginning of a new season.

(F) Native plant landscaping. (Total possible points = 20) Points may be

obtained for providing a landscape area containing native plants. Five points are awarded for a landscape

area that is equal to at least one-fourth of a square foot multiplied by the number of feet of street frontage.

Ten points are awarded for a landscape area that is equal to at least one-half of a square foot multiplied by

the number of feet of street frontage. Fifteen points are awarded for a landscape area that is equal to at

least three-fourths of a square foot multiplied by the number of feet of street frontage. Native plants listed

in Exhibit 621E must be used.

(G) Creation of open space. (Total possible points = 20) Five points are

awarded per 200 square feet of open space if the open space is a minimum of 500 feet from the building

site but within this special purpose district. For purposes of this subparagraph, “open space” means a

space containing no structures or pavement at or above grade, and containing only grass or other

vegetation. Open space must be available for use by the public. The open space must be maintained in a

state of good repair and neat appearance at all times by the owner of the property for which the building

permit was issued.

(6) Open space fund.

If a property owner in Subdistricts 1, 1A, and 1B cannot plant

all of the required trees on the building site, the property owner shall comply with the following

requirements for no more than 50 percent of the required trees:

(A) Make a payment into the Old Trinity and Design District Open Space

Fund. The department shall administer a city account to be known as the Old Trinity and Design District

Open Space Fund. Funds from the Old Trinity and Design District Open Space Fund must be used only

for acquiring and maintaining property for parks and open-space within this special purpose district. The

amount of the payment required per tree not planted is calculated by using the formula for appraising the

value of a two-inch-caliper tree, as derived from the most recent edition of the Guide for Establishing

Values of Trees and Other Plants published by the Council of Tree and Landscape Appraisers, unless

another publication is designated by the building official, and adding the cost of planting and maintaining

a two-inch tree for two years.

(B) Plant trees within:

(i) portals to the Trinity River (as identified in the Trinity River

Corridor Comprehensive Land Use Plan) within this special purpose district,

(ii) along that portion of the Old Trinity Trail within this special

purpose district, or

(iii) along the meanders of the Old Trinity River channel, as shown

on Exhibit 621C.

(7) Parking/landscaping zone.

Where there is at least a 70-foot space between

buildings, a parking/landscaping zone meeting the following requirements is allowed in the space

between the two buildings, but is not required. The composition of the parking/landscaping zone, moving

from one building façade across to the other building façade, is as follows:

(A) First, a minimum six-foot-wide sidewalk parallel to the façade of the first

building.

(B) Second, a parking area between six feet from the first building façade to

16 feet from the first building façade. This parking area must have angled head-in parking at an angle of

60 degrees to 90 degrees. A landscaped area containing one tree must be located between every fifth

parking stall. Trees in the parking area must be spaced 46 to 50 feet on center, and must be 12 to 16 feet

away from the first building façade. One parking stall may be omitted to allow for a loading dock to

remain functional.

(C) Third, a minimum of 26 feet of right-of-way for the two-way traffic in

the middle.

(D) Fourth, a matching parking area from between 16 feet from the second

building façade to six feet from the second building façade.

(E) Fifth, a matching six-foot-wide sidewalk parallel to the façade of the

second building.

(c) Subdistrict 2.

Except as otherwise provided in this section, all properties in Subdistrict 2 must comply with Article X. (Ord. Nos. 25013; 25560; 26975; 27280)

These additional sections are provided to give a rounded explanation of the site improvements for construction.

End of Landscaping

SEC. 51P-621.113. ARCHITECTURAL DESIGN GUIDELINES.

(a) Purpose.

The architectural design guidelines of this section are intended to preserve the

historical, cultural, and architectural importance and significance of Subdistricts 1, 1A, and 1B. These

architectural design guidelines are intended to encourage adaptive reuse of existing buildings; new

contemporary and creative construction and major modifications that will enhance the architectural

character of the district; and sustainable, green, energy efficient design and construction.

(b) Facade requirements for new construction and major modifications in Subdistricts 1, 1A, and 1B.

(1) Facades must be brick, concrete masonry, glass, hollow tile, stone, or other

fireproof materials, except that wooden siding, wooden sheets, and metal may not be used on more than

50 percent of any facade.

(2) Facades consisting of more than 80 percent glass, excluding glass block, are

prohibited.

(3) The maximum permitted reflectance of glass used as a facade material varies

depending on where the glass is used. The reflectance of glass used on the first two stories may not

exceed 15 percent. The reflectance of glass used above the first two stories may not exceed 27 percent.

Reflectance is the percentage of available visible light energy reflected away from the exterior surface of

the glass. The higher the percentage, the more visible light reflected and the more mirror-like the glass

will appear.

(c) Design test requirements in Subdistricts 1, 1A, and 1B.

New construction or a major modification must earn at least 50 points for properties with a floor area ratio of 2.0 or less, and at least 70

points for properties with floor area ratios greater than 2.0 (out of 205 possible points). The total possible points in any category are provided in parentheses.

(1) Maintenance of original facades. (Total possible points = 10) Ten points are

awarded for the adaptive reuse of an original building if its original facade design elements are not

altered.

(2) Ground floor uses, building facades, and roofs. (Total possible points = 20)

Points may be earned as follows:

(A) Retail and showroom uses. Ten points are awarded if a building’s

ground floor (excluding halls, restrooms, utility areas, and other public spaces) is allocated to retail and

personal service uses or office showroom/warehouse uses.

(B) Restaurant uses. Ten points are awarded if a building’s ground floor

(excluding halls, restrooms, utility areas, and other public spaces) includes restaurant uses.

(C) Facade treatments. Ten points are awarded if the building’s front facade

is given texture and complexity by the inclusion of ground level entries more than 14 feet in height,

porticos, indented entries, belt coursing or other horizontal banding, grid coursing, articulation of window

openings, corner pilasters, rustication of the first floor, changes of color, or ornamental iron.

(3) Pedestrian amenities. (Total possible points = 25) Five points each are awarded

for benches, trash receptacles, awnings/canopies, bicycle parking racks, and pedestrian street lamps.

These items should be creative and contemporary. Pedestrian amenities must be located within the

curb to-building area of the building site, but, if a hardship prohibits locating these in the curb-to-building area

of the building site, the amenities may be placed within the public right-of-way as long as they meet city

standards and licensing requirements and do not block free movement of pedestrians. Pedestrian

amenities must be maintained and operated by the owner of the building site. If there is more than one

owner, all owners are jointly responsible for maintenance. Such amenities include:

(A) Benches or exterior seating areas (maximum of one every 50 feet).

(B) Trash receptacles (maximum of five points).

(C) Awnings/canopies along the front facade.

(D) One five-bicycle stand per 100 feet of street frontage.

(E) At least one pedestrian street lamp (freestanding or wall mounted) per 50

feet of street frontage.

(4) Public art or water features. (Total possible points = 15) Fifteen points are

awarded for public art or water features costing at least $2,500, limited to one per building site. In order to

qualify for public art points, the public art must be visible from a public right-of-way at all times.

Examples of public art could include art in an atrium or lobby that is visible from a public right-of-way,

art incorporated into the sidewalk or building facade, or freestanding art. For purposes of this paragraph,

“water features” means: fountains, pools, mechanical water jets, or similar water devices.

(5) Paving material. (Total possible points = 15) Five points are awarded per one third increment of an outdoor

private walkway area accessible to the public that is covered by decorative

pavement. For purposes of this paragraph, “decorative pavement” means: colored concrete pavers; brick;

stone; stamped, textured, or colored concrete; and exterior grade tile.

(6) Pedestrian orientation of building facade. (Total possible points = 20) Twenty

points are awarded if a minimum of 25 percent of the front facade has transparent display windows or

windows affording views into retail, office, or lobby space. The transparency requirement applies to the

first 16 feet of height of the facade.

(7) Structured parking facilities. (Total possible points = 50) Fifty points are

awarded for a structured parking facility if the design matches the facade of a new building or

architecturally complements the facade of an original building.

(8) Energy conservation. (Total possible points = 15) Ten points are awarded for

using solar, geothermal, or other non-petroleum, non-coal energy sources. Five points are awarded for

planting twice the number of canopy trees required by Section 51P-621.112, “Landscaping.”

(9) Permeable surface. (Total possible points = 15) Five points are awarded each

third of an outdoor walkway or driveway with a permeable surface.

(10) LEED’s credit. (Total possible points = 20) Twenty points are awarded for a

project with a floor area ratio of more than 2.0 when the project complies with the following:

(A) A United States Green Building Council’s Leadership in Energy and

Environmental Design (LEED) Checklist, effective May 1, 2004, must be submitted with an application

for a building permit for development, indicating how development will comply with a certified

designation (26 to 32 project points). The development plans submitted for a building permit must be

certified by a LEED accredited professional designated by the department of development services. Prior

to the issuance of a building permit, the building official shall determine that the project is consistent with

the standards and criteria for a LEED certified designation.

(B) If the developer is unable to achieve all of the green building rating

system points identified on the checklist, the developer must replace any points not achieved with other

green building rating system points acceptable under the United States Green Building Council’s LEED

rating system.

(C) All supporting documentation and templates related to the points

previously approved by the city for the LEED certified level designation must be submitted with an

application for a certificate of occupancy. A certificate of occupancy may not be issued until a LEED

accredited professional designated by the department of development services certifies that the building

complies with the LEED certified designation (26 to 32 project points).

SEC. 51P-621.114. SITE DESIGN REQUIREMENTS.

(a) Above-grade off-street parking. Parking is permitted on any level of a building.

(b) Median and curb cuts along Industrial Boulevard. Median and curb cuts to access

railbeds for off-street parking from Industrial Boulevard, between Continental Avenue and

Sylvan/Wycliff Avenue, must be approved by the director of public works and transportation. Traffic

must be one-way from Industrial Boulevard westbound to Levee Street.

(c) Sidewalk standards for new construction.

(1) In general.

(A) Sidewalks complying with the standards of this subsection must be

provided for all new construction.

(B) If a sidewalk is to be located in a front yard, a sidewalk easement must

be dedicated to the city to assure its availability to the public for pedestrian access.

(C) Except as otherwise provided in this subsection, the requirements of

Chapter 43, “Streets and Sidewalks,” apply to all sidewalks.

(2) Location.

(A) Sidewalks must be located along the entire length of the street frontage.

(B) On state highways, sidewalks must be provided in the parkway, subject

to Texas Department of Transportation approval. If Texas Department of Transportation approval cannot

be obtained, the property is exempt from this requirement.

(C) Sidewalks must be located between five feet and 10 feet from the back of

the projected street curb, except that sidewalks on Oak Lawn Avenue, Irving Boulevard, Market Center

Boulevard, and Turtle Creek Boulevard must be located between five feet and 12 feet from the back of

the projected street curb

. Sidewalks may be located farther from the projected street curb to the extent

necessary to preserve existing trees or structures or to comply with landscaping requirements

.

(3) Width.

(A) Sidewalk widths must match the width of existing sidewalks in front of

adjacent properties at the point of convergence. Where there are different sidewalk widths on each side of

the street frontage, the new sidewalk must taper or expand to meet the incongruous sidewalks.

(B) Sidewalks must have an unobstructed minimum width of four feet,

except that sidewalks on Oak Lawn Avenue, Irving Boulevard, Market Center Boulevard, and Turtle Creek Boulevard must have

an unobstructed minimum width of six feet. For purposes of this provision, “unobstructed” means by structures or landscaping,

excluding utility poles and service boxes.