Buckner Boulevard SPD

Abridged ordinance for landscaping.

PD 366

SEC. 51P-366.101. LEGISLATIVE HISTORY.

PD 366 was established by Ordinance No. 21211, passed by the Dallas City Council on February

26, 1992. Ordinance No. 21211 amended Ordinance No. 19455, Chapter 51A of the Dallas City Code, as

amended. Subsequently, Ordinance No. 21211 was amended by Ordinance No. 21313, passed by the

Dallas City Council on June 10, 1992, and Ordinance No. 24159, passed by the Dallas City Council on

January 12, 2000. (Ord. Nos. 19455; 21211; 21313; 24159; 25164)

SEC. 51P-366.102. PROPERTY LOCATION AND SIZE.

PD 366 is established on property generally located along both sides of Buckner Boulevard from

Heinen Drive and Hoyle Avenue on the north to the T. & N.O. Railroad on the south, and along Lake

June Road between Carbona Drive on the west and Pleasant Drive on the east. The size of PD 366 is

approximately 403.35 acres. (Ord. Nos. 21211; 21313; 24159; 25164; 27034)

SEC. 51P-366.110. LANDSCAPING.

(a) Application.

(1) Parkway landscaping provisions shall become applicable to a lot when an

application is made for a building permit for construction work that increases building height, floor area

ratio, required parking, or nonpermeable coverage of the lot.

(2) Site area landscaping, front yard strip landscaping, screening, and sidewalk

provisions shall become applicable to a lot when an application is made for a building permit for

construction work that increases either the floor area ratio, building height, or nonpermeable coverage of

the lot by more than 20 percent.

(3) Front yard strip landscaping and screening provisions may be imposed during

required development impact or residential adjacency review procedures.

(b) Parkway landscaping. One tree at least three and one-half inches in diameter, or two

trees at least one and one-half inches in diameter must be provided between the street curb and the

sidewalk per 30 feet of frontage, exclusive of driveways, visibility triangles, and accessways at points of

ingress and egress. No underground irrigation system is required for parkway landscaping.

(c) Front yard strip landscaping.

(1) The 10-foot-wide strip of land along the entire length of the front yard and

immediately adjacent to the property line must be landscaped as follows:

(A) Twenty percent of the surface must be permeable.

(B) Ten percent must be landscaped with trees, shrubs, or a combination of

trees and shrubs that have the potential to attain a minimum height of 30 inches within a three-year time

period.

(C) An underground irrigation system must be provided.

(2) Front yard strip landscaping must be approved by the director of the department

of development services.

(d) Site area landscaping. The remainder of the lot must be landscaped in accordance with

the provisions contained in Article X. An underground irrigation system must be provided.

(e) Screening.

(1) A six-foot-high solid screening fence must be provided along all rear and side lot

lines that are adjacent to residential districts.

(2) On-site parking must be screened with:

(A) a minimum three-foot-high solid fence, with an 18-inch wide planting

bed located on its street side; or

(B) shrubs with the potential to attain a minimum height of 30 inches within

a three-year time period.

(3) Manufactured building sales lot and vehicle display, sales, and service uses must

be screened with a minimum two and one-half-foot-high fence with a screening factor of less than 66

percent, and an 18-inch-wide planting bed located on its street side.

(f) Sidewalks. A sidewalk with a minimum width of five feet must be provided in the 12

foot area parallel to and in back of the projected street curb.

(g) Completion. All landscaping must be completed in accordance with the provisions

contained in Article X.

(h) 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.

(i) Points. For purposes of tabulating the number of points earned toward the minimum

number required by Article X, 15 points are awarded for parkway landscaping.

Ten points are awarded for required or voluntary front yard strip landscaping. Five points are awarded for the

screening of on-site parking. (Ord. Nos. 21211; 25164)

SEC. 51P-366.111. PRIVATE LICENSE GRANTED.

(a) The city council hereby grants a private license to each of the abutting property owners of

property in the Buckner Boulevard Special Purpose District for the exclusive purpose of authorizing

compliance with the parkway landscaping requirements of this article. An abutting 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

landscape permit in accordance with Chapter 52 of the Dallas City Code, as amended. 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.

(b) To the extent that the provisions contained in this section conflict with the applicable

licensing provisions contained in Chapter 43 of the Dallas City Code, the provisions contained in Chapter

43 are waived.

(c) In no event shall the license granted by this section be construed to grant an easement or

real property interest of any kind to the licensees. (Ord. Nos. 21211; 25164)

SEC. 51P-366.112. LANDSCAPE PLAN.

(a) A landscape plan must be submitted to and approved by the director of the department of

development services prior to the installation of landscaping required by this article.

(b) Upon the submission of a plan for or including the installation of parkway landscaping,

the director of the department of development services shall circulate it to all affected city departments

and all utilities and communication companies for review and comment. If, after receiving comments

from affected city departments, utilities, and communication companies, the director determines that the

construction and planting proposed is in compliance with this article, and will not be inconsistent with

and will not impair the public, utility, or communications company use of the right-of-way, the director

shall approve the landscape plan; otherwise, the director shall disapprove the plan.

(c) 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 of the department of development

services’s disapproval of a plan to install parkway landscaping on the basis that the installation of the

landscaping will be inconsistent with, or will unreasonably impair the public, utility, or communication

company use of the right-of-way.

(d) The approval of a plan to install parkway landscaping 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. (Ord. Nos. 21211; 25164)

Parkway Landscaping:

BU permit for -

1) increase building height

2) increase FAR

3) increase parking

4) increase nonpermeable coverage

Site Area Landscaping

Front Yard Strip

Screening

Sidewalk:

BU permit for -

1) increase FAR

2) increase building height

3) increase nonpermeable coverage by MORE than 20%.

Front Yard strip

Screening:

MAY be imposed with DIR or RA review.

Parkway:

1 tree @ 3.5", or

2 trees @ 1.5"

bt curb & sidewalk @ 1:30' of frontage.

Front Yard Strip:

10' wide adjacent to the property line in FY.

20% permeable

10% - trees, shrubs, or combination

Underground irrigation

Approved by Director

Site Area: Article X, with underground irrigation.

Screening:

6' fence on rear and side lot with RA.

On- site parking screening

3' tall fence w 18" bed, or shrubs to 30"/3 yrs.

Manufactured building screening

Sidewalks: min. 5' in 12' area parallel to and in back of proj. curb.

Article X completion

10.127

General Maintenance

Private License

Landscape Plan