SEC. 51P-761.101. LEGISLATIVE HISTORY.
PD 761 was established by Ordinance No. 26872, passed by the Dallas City Council on June 27,
2007. (Ord. 26872)
SEC. 51P-761.102. PROPERTY LOCATION AND SIZE.
PD 761 is established on property bounded by Interstate Highway 20, J. J. Lemmon Road,
Wintergreen Road, and Bonnie View Road. The size of PD 761 is approximately 1,319 acres. (Ord.
SEC. 51P-761.103. CREATION OF SUBDISTRICTS.
This special purpose district is divided into the Logistics Industrial (LI) and Logistics Retail (LR)
Subdistricts. Exhibit 761A shows the boundaries of each subdistrict. (Ord. 26872)
(1) INTERMODAL RAILROAD FACILITY means a facility for the loading,
unloading, storage (inside and outside), distribution, and transfer of cargo containers from railroads.
(5) STREET-YARD means that portion of a lot between a building facade facing a
street and the property line.
(c) This special purpose district is considered to be a nonresidential zoning district.
(d) In this special purpose district, a single family, duplex, or multifamily use creates a
residential adjacency as defined in Chapter 51A.
SEC. 51P-761.110. SCREENING AND HEIGHT OF OUTSIDE STORAGE.
(a) Intermodal railroad facility uses.
(b) Other uses.
SEC. 51P-761.113. LANDSCAPING
(a) Site trees.
(b) Street-yard landscaping.
(d) Parking lot landscaping.
(e) Dumpster screening. Dumpsters visible from a public street must be screened on three
(f) Artificial lot.
(1) Except as provided in this subsection, all required plant materials must be
(h) Landscape maintenance. Plant materials must be maintained in a healthy growing
condition. (Ord. 26872)
SEC. 51P-761.114. TREE PRESERVATION.
(a) In general. Except as provided in this section, the tree preservation regulations in Article
(b) Applicability. Tree preservation regulations do not apply to the following:
(c) Tree removal permit. In lieu of a tree survey, an applicant for a tree removal permit may
(d) Alternative methods of compliance.
(e) Tree replacement credits.
in the total caliper inches of trees required to be mitigated.
(f) Location of replacement trees.
(g) Timing for tree planting. Replacement trees must be planted within 18 months after
issuance of a tree removal permit.
(h) Private license granted.
(1) 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 special purpose 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.
(2) 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.
(3) Upon the installation of landscaping and related amenities, such as 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.
(4) 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.
(i) Parkway landscape permit.
(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. 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, 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
(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 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. (Ord. 26872)