PD 758 - Lake Highlands Town Center

Abridged and unofficial document.

Amendments (4/14/10)

PD 758

Exhibit 758A - Conceptual Plan

Exhibit 758B - Streets Plan

Exhibit 758C - Mixed Use Development Parking Chart

General Details - Development Plan Required.

Infrastructure - Visibility triangles, street construction and pedestrian lighting

Landscaping

Mandatory Provisions - may be varied by CPC.

Tree Planting Zone

Surface Parking Area Trees

Structured Parking Trees

Sidewalks

Design Standards (20 points minimum)

Tree Mitigation and Protection

To be completed by June 13, 2012

Additional Provisions

Pedestrian/Bicycle Paved Pathway

SEC. 51P-758.101. LEGISLATIVE HISTORY.

PD 758 was established by Ordinance No. 26786, passed by the Dallas City Council on June 13,

2007. (Ord. 26786) Amended April 14, 2010.

SEC. 51P-758.102. PROPERTY LOCATION AND SIZE.

PD 758 is established on property located on both sides of Walnut Hill Lane, east of Skillman

Street. The size of PD 758 is approximately 69.27 acres. (Ord. 26786)

SEC. 51P-758.103. CREATION OF SUBAREAS.

This district is divided into Subareas A, B, C, and D, as shown on the conceptual plan. (Ord. 26786)

Definitions:

(3) LARGE TREE means a tree with a minimum caliper of three inches, or a

minimum height of 12 feet, depending on the standard measuring technique for the species.

(4) LARGE SHRUB means a shrub with a minimum height of three feet.

(5) SMALL TREE means a tree taller than six feet but less than twelve feet in

height.

SEC. 51P-758.105. CONCEPTUAL PLAN.

Development and use of the Property must comply with the conceptual plan (Exhibit 758A). If a

conflict exists between the text of this article and the conceptual plan, the text of this article controls.

(Ord. 26786)

SEC. 51P-758.106. DEVELOPMENT PLAN.

(a) Except as provided in this section, a development plan must be approved by the city plan

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

(b) For a public park, playground, or golf course use, a development plan must be approved

by the park and recreation board, and an approved copy of the development plan must be submitted to the

director of development services before the issuance of any building permit to authorize the development

of a public park, playground, or golf course use in this area.

article controls.

(d) The building official may issue building permits for the following work without the

approval of a development plan:

(1) the repair of existing structures;

(2) demolition of existing structures;

(3) grading;

(4) the installation of fencing or other structures for security purposes;

(5) work associated with permitted temporary uses; and

(6) work intended to provide for irrigation or maintenance of landscaping.

(e) Development plans may be submitted in phases.

(f) For single family uses, a preliminary plat may serve as the development plan and must be

submitted to city plan commission for approval.

(g) The portion of Section 51A-4.702(c)(5) requiring submission of a development plan

within six months of the city council’s approval of this district does not apply.

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

include the following:

(1) The cumulative floor area broken out into use categories, total number of

dwelling units, and total amount of open space for:

(A) the building site;

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

(2) Ingress and egress locations.

(3) Measurements of visibility triangles, showing that they remain unobstructed as

required by Section 51P-758.110.

(i) Development plans do not have to show the location of signs. (Ord. 26786)

SEC. 51P-758.109. YARD, LOT, AND SPACE REGULATIONS.

(b) Open space.

(1) Open space must be provided as shown on the conceptual plan.

(2) Except as otherwise provided, open space must be unobstructed to the sky.

(3) Open space may not contain any permanent structures except:

(A) structures supporting pedestrian or outdoor recreational uses;

(B) kiosks that provide information related to the open space;

(D) streets and bridges that traverse the open space if they are approved by

the director of public works and transportation.

(4) Open space that is dedicated and accepted as park land will still be considered

open space under this article.

....

SEC. 51P-758.110. VISUAL OBSTRUCTION REGULATIONS.

(a) Except as provided in this section, the visual obstruction regulations in Section 51A-

4.602(d) apply in this district.

(b) The visibility triangle is 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 street curb lines) and points on each of the street curb lines 30 feet from the

intersection.

(1) the Skillman Street and Walnut Hill Lane intersection; and

(2) all ingress and egress points intersecting with Walnut Hill Lane. (Ord. 26786)

SEC. 51P-758.111. INTERNAL STREET STANDARDS.

(a) In general.

(1) The regulations in this section apply to all internal public and private streets

within this district except alleys and driveways.

(2) Except as provided in this section, internal streets must be constructed in

accordance with this section and the rights-of-way standards and pavement widths as shown in the street

sections (Exhibit 758B), which includes residential, retail, and park-side street sections. If there is a

conflict between the text of this article and Exhibit 758B, the text of this article controls.

(3) 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.

(b) Street plan. A street plan showing the layout of streets and the applicable street section,

must be approved by the director of public works and transportation and submitted with the development

plan to the city plan commission for approval. Internal streets must be provided as shown on the street

plan and street sections.

(1) Residential street sections A and B. The minimum right-of-way is 60 feet, and

the minimum pavement width is 40 feet from back-of-curb to back-of-curb. This street section may be

applied to all subareas.

(2) Retail street section A. The minimum right-of-way is 148 feet, and each couplet

section must be constructed with a minimum pavement width of 42 feet from back-of-curb to back-ofcurb.

This street section may be applied to Subareas A, B, or C.

(3) Retail street section B. The minimum right-of-way is 92 feet, and the minimum

pavement width is 70 feet from back-of-curb to back-of-curb. This street section may be applied to

Subareas A, B, or C.

(4) Park-side street section. The minimum right-of-way is 62 feet, and the minimum

pavement width is 40 feet from back-of-curb to back-of-curb. This street section may be applied to all

subareas.

(d) Alternate street sections.

(1) To deviate from Exhibit 758B, an alternate street section must be approved by

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

development plan.

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

reduces vehicle speeds and promotes a pedestrian-friendly environment. An alternate street section may

not reduce the minimum sidewalk width or tree planting zone requirements. (Ord. 26786)

SEC. 51P-758.112. PARKING AND LOADING.

....

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

(1) Off-street loading spaces and any area used for loading and unloading must be

screened if visible from a public street or neighboring lot.

(2) The screening 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 51A-4.602(b)(3), except that garbage storage

areas must be visually screened by a masonry wall.

(3) Evergreen plant materials are encouraged to satisfy screening requirements.

SEC. 51P-758.114. ENVIRONMENTAL PERFORMANCE STANDARDS.

(a) In general. Except as otherwise provided in this section, Article VI applies.

(b) Pedestrian-scale lighting. Pedestrian-scale lighting that provides a minimum maintained

average illumination level of 1.5 footcandles must be provided along sidewalks adjacent to internal

streets. In this subsection, pedestrian-scale lighting means lighting that emanates from a source that is no

more than 14 feet above the grade of the sidewalk or a pedestrian light fixture approved by the director of

public works and transportation. The design and placement of both the standards and fixtures must be

approved by the director of public works and transportation. Unless otherwise provided, each property

owner is responsible for the cost of installation, operation, and maintenance of the lighting on their

property or in the public right-of-way adjacent to their property. (Ord. 26786)

SEC. 51P-758.115. LANDSCAPING.

(a) Landscape plan.

(1) Except as provided in this section, a landscape plan must be submitted with the

development plan and approved by the city plan commission before issuance of a building permit to

authorize work in this district. Landscaping must be provided as shown on the landscape plan.

(2) A landscape plan is not required for:

(A) a public park use;

(B) the repair of existing structures;

(D) grading;

(E) the installation of fencing or other structures for security purposes;

(F) work associated with permitted temporary uses;

(G) work intended to provide for the irrigation or maintenance of

landscaping; or

(H) the reconstruction or restoration of a building that has been damaged or

destroyed by fire, explosion, flood, tornado, riot, act of public enemy, or accident of any kind if that

reconstruction or restoration does not increase:

(i) the number of buildings on the lot;

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

(iii) the floor area of any building on the lot by more than 10 percent

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

(iv) the nonpermeable coverage of the lot by more than 2,000 square

feet.

(3) A landscape plan must be submitted with two blue-line or black-line 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 must be on a standard drawing sheet no greater than 56 inches by 48 inches. A plan that

is not drawn in its entirety on a 36 inch by 48 inch sheet must be drawn with appropriate match lines on

two or more sheets.

(4) A landscape plan 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, the subarea classification of adjacent properties and a vicinity map.

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 interior 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).

(M) Tabulation of design standard points earned by the plan [See Subsection

(c)].

(N) Percentage of lot coverage, impervious area, and front yard landscape

area.

(O) Total size of pedestrian facilities, special amenities, and enhanced

pavement each.

(P) The total tree mitigation for the district as a running total and the total of

proposed tree replacement plantings and alternate tree mitigation methods for that landscape plan. Each

landscape plan should subtract tree mitigation credit after a landscape plan has been approved by city plan

commission.

(Q) The adjacent parkway area and any landscaping within the parkway area.

(5) All landscape plans must comply with the mandatory provisions in Subsection (b). The city plan commission

may approve a landscape plan that does not comply with the requirements of this section if:

(A) strict compliance with this section is impractical due to site constraints or

the location of protected trees, or would result in substantial hardship;

(B) the landscape plan complies with the spirit and intent of this section;

(D) the variation or exception from this section will not adversely affect

surrounding properties.

(b) Mandatory provisions.

(1) In general. Trees must be planted no closer than 2.5 feet on center from any curb

or paved surface. Large trees must be planted no closer than 10 feet on center from a building wall and no

closer than 20 feet on center from another large tree.

(2) Parkway trees.

(A) Tree planting zone. In this section, the tree planting zone is that area

located in the parkway, parallel to and between 2.5 and 10 feet from the back of the street curb.

(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 caliper inches per block face is

determined by dividing the block face, excluding driveways and visibility

triangles, by 25. This number is then multiplied by 3.5 to determine the total caliper inches for that block face.

Fractions are rounded to the nearest whole number, with .5 being rounded up to the next

whole number. Required trees must be of a species recommended by the building official. Protected trees relocated from another location on the property and preserved trees may be counted toward the number of required caliper inches. Trees located in the median of Wildcat Way may be counted towards the required caliper inches for Wildcat Way.

property owner must apply for a parkway landscape permit before any required trees may be planted in

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

parkway, the property owner must 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, the property owner need not provide that

required tree.

(D) 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 (3.5") measured at a point

12 inches above the root ball at the time of installation. For this provision, 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.

(E) Tree spacing requirements. Required trees must be spaced as uniformly

as practicable. The maximum spacing between required trees is 50 feet on center,

excluding open spaces or pedestrian plazas designated on an approved development plan.

(3) Surface parking area trees and landscaping. The following regulations apply to surface parking lots.

(A) All required parking spaces must be within 100 feet of a large canopy tree.

(B) Parking lots must be divided into sections containing no more than 120

parking spaces. Parking lot sections must be divided by landscaped dividers with a minimum width of

eight feet. Landscaped dividers must have large canopy trees spaced at a maximum of 30 feet on center

and ground cover or shrubs. Parking lot sections may contain up to 160 parking spaces if, in addition to

the landscape dividers, each grouping of parking rows is divided by a landscape island of a minimum of

20 square feet per row of cars. Landscaped islands must have ground cover and trees or shrubs.

located between any parking area and Skillman Street or Walnut Hill Lane. 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. The landscape buffer strip must have 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. The landscape buffer must also have large canopy

trees spaced at a maximum of 30 feet on center.

(4) Structured parking trees and landscaping. The following regulations apply to the

highest level of a parking structure that is unobstructed to the sky and is visible from an adjacent street

right-of-way.

(A) Parking must be screened with

(i) a solid parapet wall to a minimum of three feet in height above the parking surface, or

(ii) a landscape buffer strip with an evergreen berm or an evergreen hedge

with a minimum height of three feet at time of planting.

(B) An ornamental tree in a landscape planter is required at the ends of each

parking row.

(5) 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. 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.

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 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.

(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.

(6) 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 director. 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.

(B) 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,

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.

landscaping requirement of this article if compliance is made impossible due to the director's denial of a

parkway landscape permit.

(D) 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 rightof-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.

(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.

(7) Landscape materials.

(A) No artificial plant materials may be used to satisfy the requirements of

this section.

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

quality, hardy, and drought tolerant plant materials is encouraged.

(8) Soil requirements.

(A) Except as otherwise provided in this paragraph, landscape planting areas

must have the following soil depths and dimensions:

(i) Each large shrub and each small tree must be planted in soil that

is at least 24 inches deep with a surface area of at least 16 square feet (total of 32 cubic feet).

(ii) Each large tree must be planted in soil that is at least 36 inches

deep with a surface area of at least 25 square feet (total of 75 cubic feet).

(B) Landscape planting areas located above underground buildings or

structures must have the following soil depths and dimensions:

(i) Each large shrub and each small tree must be planted in soil that

is at least 30 inches deep with a surface area of at least 25 square feet (total of 62.5 cubic feet).

(ii) Each large tree must be planted in soil that is at least 40 inches

deep with a surface area of at least 36 square feet (total of 120 cubic feet).

landscape architect certifies that the proposed alternative soil depths and dimensions are sufficient to

support the healthy and vigorous growth of the proposed plant materials.

(9) 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.

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

of a verifiable water supply, and proposed watering methods (irrigation or otherwise) must be adequate to

maintain the plant materials in a healthy, growing condition. (Varies from Article X requirement for automatic irrigation for screening plants.)

(11) Sidewalks.

(i) On the side of Watercrest Parkway adjacent to the open space, the minimum unobstructed sidewalk width is

four and one half feet.

(ii) On the north side of Whistle Stop Place, from Skillman Street to Wildcat Way, no sidewalk is required

(iii) If a 12-foot-wide sidewalk is provided on the south side of the Jackson Branch Bridge and street crosswalks are provided at the east and west ends of the Jackson Branch Bridge, no sidewalk is required on the north side of the Jackson Branch Bridge.

(iv) On Walnut Hill Lane to the east side of Wildcat Way, minimum sidewalk width is five feet.

(v) On the south side of Lookout Point, no sidewalk is required.

(B) In Subarea D, sidewalks must be a minimum of six feet wide.

(D) A minimum of four feet of the sidewalk must be unobstructed and clear. ADA-approved tree grates are not a sidewalk obstruction.

(E)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 pedestrian way.

earned for the use of design standards only when landscaping is provided in the front yard. For purposes

of this subsection, the front yard includes those areas of public right-of-way located behind the curb and

utilized for landscaping.

(1) Points for landscaping in front yard. The front yard area is determined by

multiplying the lot width and the minimum front yard setback. 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. To qualify,

the landscape area must:

(A) be at least 50 square feet;

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

minimum of:

(i) one large canopy tree [This requirement may be satisfied by

existing tree credits under Section 51P-758.115(c)(2)];

(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 are credited toward meeting design

standards as follows:

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

building site or to the parkway, having a caliper equal to or greater than four inches but less than six

inches, a credit of one required large canopy tree is allowed.

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

building site or to the parkway, having a caliper equal to or greater than six inches but less than 12 inches,

a credit of two required large canopy trees is allowed.

building site, to the parkway, or within any of the subareas, having a caliper equal to or greater than 12

inches, a credit of three required large canopy trees is allowed.

(3) 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 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, as amended.)

(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, bicycle racks, and outdoor recreation

facilities, up to a maximum of five points.

(d) When landscaping must be completed.

(1) Except as otherwise provided, all landscaping must be completed in accordance

with an approved landscape plan before a certificate of occupancy may be issued for any building on the

lot.

(2) With city plan commission’s approval, landscaping may be installed in phases for

the purpose of protecting installed landscaping during construction of adjacent phases. Landscaping for

all phases, however, must be installed within 18 months of an approved landscape plan unless an alternate

phasing plan is approved by city plan commission.

(3) 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

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

condition. 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. (Ord. 26786)

SEC. 51P-758.116. TREE MITIGATION AND PROTECTION.

(a) Tree protection. After the development plan and landscape plan are approved, a tree

protection plan that complies with Section 51A-10.136 must be submitted to the building official before

the issuance of a building permit. Tree protection must be provided as shown on the tree protection plan.

(b) Tree mitigation in general.

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

accordance with Article V and Article X.

(2) Except as otherwise provided, this section applies to all property within this district.

(3) This section does not apply to lots smaller than two acres that have single family

or duplex uses, except that replacement trees will be considered protected trees even if planted on lots

smaller than two acres that have single family or duplex uses. This means that if a replacement tree is

planted on a lot smaller than two acres with a single family use, and the owner of that lot were to one day

remove the tree, he would have to replace that tree in accordance with this section.

(4) Tree mitigation is not required if trees are removed because of infrastructure and

water retention areas approved under Article V.

(5) The total number of caliper inches required to be mitigated is 4,502. Of the total required caliper inches, a minimum of 855 caliper inches must be replaced or preserved within the open space shown on the conceptual plan.

(1) Tree mitigation may be accomplished by planting replacement trees in this

district. Replacement trees may be counted towards tree mitigation only if they are not planted within 2.5

feet of a utility easement.

(2) Except in the open space shown on the conceptual plan, the building official shall give tree mitigation credit of

two caliper inches for every caliper inch of a protected tree with a caliper of 18 or more inches that is

preserved within the district and a credit of 1.5 caliper inches for every caliper inch of tree with a caliper of 12 inches or more that is preserved or relocated within the district. Preserved trees may not be counted twice to meet the tree mitigation

requirements of two lots or tracts. Tree mitigation credits in Subsection (c)(2) may count towards the required caliper inches to be mitigated in Subsection (b)(5).

(d) Tree conservation area.

(1) In general. Tree mitigation may also be accomplished by establishing a tree

conservation area. A tree conservation area is established if the building official approves the tree

conservation area plan and the Property owner creates a conservation easement on the Property pursuant

to Section 51A-10.135(d) or shows a conservation area on an approved landscape plan.

(2) Tree conservation area plan. A tree conservation area plan must be submitted to

the building official. The tree conservation area plan must include:

(A) A survey of the boundaries for the tree conservation area.

(B) A tree survey of the tree conservation area that complies with Section

51A-10.132, or an estimate of the caliper and type of protected trees using a method determined to be

reasonably accurate by the building official.

(C) A plan for the preservation and maintenance of the conservation area.

(3) Approval. The building official shall approve the tree conservation area if the

building official determines that the tree conservation area will preserve protected trees and other

vegetation, considering:

(A) the size of the tree conservation area;

(B) the health and condition of protected trees within the tree conservation

area; and

(C) other features worthy of preservation, such as topography or rare plant

species.

(4) Landscape plan. The tree conservation area must be shown on an approved

landscape plan.

(5) Development prohibited. Playground equipment and park amenities may not be

placed within the tree conservation area unless the building official determines that the playground

equipment or park amenities will not be detrimental to the tree conservation area.

(6) Tree mitigation credit.

(A) If the tree conservation area is 25 percent or less of the area of the tree

removal property, the responsible party will receive an inch-for-inch credit for trees in the conservation

area, up to 50 percent of the total caliper of replacement trees required.

(B) If the tree conservation area is more than 25 percent, but less than 50

percent, of the area of the tree removal property, the responsible party will receive inch-for-inch credit for

trees in the conservation easement area, up to 65 percent of the total caliper of replacement trees required.

(C) If the tree conservation area is 50 percent or more of the area of the tree

removal property, the responsible party will receive inch-for-inch credit for trees in the conservation

easement area, up to 80 percent of the total caliper of replacement trees required. - obsolete

(e) Completion.

(1) The landscape plan for the final phase of development within the district must

include a plan to accomplish any remaining tree mitigation requirements.

(2) Tree mitigation must be completed by June 13, 2012. The city plan commission

may extend the deadline for completion if significant delays result from the permitting process or the

installation of public improvements. (Ord. 26786)

SEC. 51P-758.119. ADDITIONAL PROVISIONS.

(a) In general.

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

appearance.

(2) 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.

(b) Pedestrian/bicycle paved pathway.

(1) Before the issuance of any certificate of occupancy, a pedestrian/bicycle paved

pathway must be provided. The pathway must run the length of the district from the DART rail station right-of-way to the south property line and be located on the west side of the creek channel in the open space as shown on the conceptual plan. The pedestrian/bicycle paved pathway

must be designed so that it can connect with the city trail system and sidewalks located within the district.

The pathway must have a minimum width of 12 feet.

(2) The following amenities must be installed when the property adjacent to the

pedestrian/bicycle paved pathway is developed. These amenities must be shown on a development plan

approved by city plan commission or the park and recreation board, whichever is applicable (See 51P-

758.119(b)(3)and(4)). Development of adjacent property, however, does not trigger the installation of all

amenities along the pedestrian/bicycle paved pathway, but only the installation of those amenities within

the area covered by the development plan.

(A) Three-inch caliper trees must be provided and located along the pathway

at a minimum of one per 30 feet of pathway. The trees must be of the species listed in Section 51A-

10.134.

(B) Benches and trash cans must be provided and located along the pathway

at one per 400 feet of pathway. Benches and trash cans must be the same or equivalent as those used by

the parks and recreation department in any city park.

pathway at one per 800 feet of pathway. Drinking water fountains must be the same or equivalent as those

used by the parks and recreation department in any city park.

(D) Pedestrian street lamps must be provided and located along the pathway

at one lamp per 120 feet of pathway. The pedestrian street lamps must be the same or equivalent as those

used by the department of parks and recreation in any city park or meet the requirements of Section 51P-

758.114.

(3) For any portion of a pedestrian/bicycle paved pathway located in a public park,

that portion of the pathway must be shown on the development plan and approved by the park and

recreation board.

(4) For any portion of a pedestrian/bicycle paved pathway located outside of a public

park, that portion of the pathway must be shown on the development plan and approved by the city plan

commission.

accommodate one bicycle for every 20 required non-residential off-street parking spaces. (Ord. 26786)

(A) Except as provided in this subparagraph, in Subareas A, B, and C, sidewalks must be a minimum of eight feet wide.