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WA9402-CS 960912TREE ORDINANCE - OFFICIAL ACTION' OF THE DALLAS CITY COUNCIL RECE[VED May 25, 1994 SEP I2, 1996 94-1988 SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS Item 46: Public Hea,r~g - Development Code Amendment Under Advisement · A public hearing was called for consideration of an amendment to the Dallas Development Code establishing ~xee preservation provisions and revising the landscape regulations contained in Article X of the Dallas Development Code, and an ordinance implementing the proposal (The city plan commission recommended approval.) Cl'his item was considered by the City Council a~ a public hearing on May 1 I, I994, and was taken under advisement until May 25, 1994 with the public hearing open.) The following individuals addr~sed the City Council concerning the proposed amendment: -- Irnana Cordova, 743 1 Eccels Dr., representing the TrC-e Lovers Coalition' - Linda Pelon, 3015 Nut~g PL, representinS the Padale Heights Neighborhood A.ssociation - Margie Haley, 7149 Hillgreen Dr., representing the Coalition for the Earth Environment - Madeleine Hervey, 2720 N. Stemmons Frwyj, representing the League of Women Voters - Molly Seay, 6139 Stichter Ave. -- Michael Parkey, 6254 Goliad Ave. - Courthey Blevins, 2121 San Jacinto St., representing the Texas Forest Service - Bobby McMillaa, 16475 Dallas Plc~ representi-S the Peal Estate Council - Ernest Randall, 2777 St~mmons Frwy., representingthe North Dallas Chamberof Commerce -- Alice Murray, 5950 Berkshire Lm, representing the Keal Estate Council - Roger Kailenberg, 9418 Hobart St. - Inez Reyes, 3323 Throckmorton St. - Robert Reeves, 500 S. Ervay St., representing EDS - Tom Kemper, 615 Valencia St. - Donald J. Wise, 406 Newell Ave. - D.J. Young, 3600 Fairfax Ave. - Luis Sepulveda, 5105 Goodman St., representing the West Dallas Coalition for Environmental lusti~ -- Anna Albers, 201 N. Edgefield Ave., representing Citizens for the Environment -- Catherine Perfine, 7616 Royal Pl. - William McCord, 2810 Cliffside Dr., representing the Piedmont-Scyene Homeowners Association OFFICE OF THE CITY SECRETARY CITY OF DALLAS, TEXAS ~.. OFFICIAL.ACTION OF THE DALLAS CITY COUNCIL May 25, I994 94'1988 .Page 2 Councilmember Duncan moved to close the public hearing, modify the recommendation of the city plan commi-~sion, and pass an or~n~nce amending the Dallas Development Code embHshing tree preservation provisions and revising the landscape regulations contained in Article X of the Dallas Development Code with the following amendments: 1) That the Environm~atal Health Advisory Comm{ssion serve as the advisory board to the City Council on tree preservation issues and policies; 2) That the Development Impact Review for tree removal be iadded to the Master Permit System; 3) That Section 51A-I0.132 TREE REMOVAL REVIEW be retitled DEVELOPMENT IMPACT REVIEW FOK TRI~- REMOVAL; and the tm'm Development Im.r~act Review for Tree Removal, replace the term Tree Removal Review anywhere else in the proposed ordinance; 4) That Sections 51A-I0. I32; 51A-I0.133, 51A=10.134; 51A-10.135 and other sections as appropriate be amended to reflect that: (a) Trees my only be r~noved for main use buildings, required parking, pedestrian access ways, (b) each protected t~e removec[ in accordance with (a) above must be replaced callper for callper with a m{n~mtl~tl tree size of two (2) inches; (c) the building official shall evaluate the applicat~s tree preservation efforts to deterre{he that all reasonable efforts have been made to preserve protected trees and the building official may suggest modifications to the layout that satisfy the t~qt~x~ments of this ordinance and that further the t~e preservation objectives of the ci.ty; (d) protected trees not exem.~'.~ by (a) above my not be removed, unless otherwise exempted; (e) above may not be removed, unless 'other, vise exempted; (e) for every protected tree preserved. having a caliper of 15 inches or more the applicant shall receive two tree credits, for every protected tree preserved hav~t~g a callper between eight inches and 15 inches, the applicant shall reserve one trt'e credit These tree credits my be applied to the site tt~s required in section 51 A- I 0.125 MANDATOKY PRO VISIONS; 5) That the staff will report to the City Council on the effectiveness of the tree preservation ordinance one year following the effective date of this ordinance; OFFICE OF THE CITY SECRETAKY CITY OF DALLAS, TEXAS OFFICIAL ACTION OF THE DALLAS CITY COUNCIL May 25, 1994 94-1988 Page 3 6) That existing permit fees collected by the Building Official be increased by four percent (4%) to fund the personnel required to enforce this ordinance, and further that the fee for a Development Impact Review for Tree Removal will be established at $50.00 per revievr, and further that the Building Official is authorized to hire up to four (4) .additional personnel (inspectors or foresters or both, however at least one of those hired by the building official to administer the Tr~ Preservation Ordinance must be a forester) effective immediately, to implement this tree preservation initiative; 7) That the City Anomey shall prepare the appropriate ordinance language to implement this ordinance and the necessary fee ordinance to support this tree preservation initiative and remm said ordinance language to the City Council for consideration on June 8, 1994; 8) That the effective date of the tree preservation ordinance shall be 30 days following adoption of the ordinance by the City Council, and that the fee increases described in #7 above shall be effective as soon as published fonowing city counci~ action on June 8, 1994. 9) That the City Manager is instructed to seek and apply for funding including but not limited to Federal Community/Urban Forestry Grants, Forestry Research Grants, Cooperation Fore .sU'y Assistance and Environmental Protection Consolidated Grants. Motion seconded by Deputy Mayor Pro Tern Mayes. Councilmember McDaniel asked Councilmember Duncan if he would accept a friendly amendment to his motion to provide that the tbllowing language be added to subsection (b) of the proposed Section 51A-10.13I: "(1) the Dallas Arts District (Planned Development District No. 145 and 145-I-I/18). "(2) the Deep Ellurn/Near East Side District (Planned Development District No. 269). "(3) the Oak Lawn Special Purpose District (Planned Development District No. 193). "(4) the Cityplace District (Planned Development District No. 37~. "(5) the Cityplace District (Planned Development District 'No. 305.) "(6) the State Thomas Special Purpose District (Planned Development District No. 225). "(7) Central area districts." Councilman Duncan accepted the amendment as a part of his motion. Deputy Mayor Pro Tem Mayes also accepted the amendment OFFICE OF THE CITY SECRETARY CITY OF DALLAS, TEXAS OFFICIAL ACTION OF-THE DALLAS CITY COUNCIL May 25, 1994 94-1988 Page 4 Councilmember McDaniel asked Councilmember Duncan if he would accept a friendly amendment to his motion to provide that subsections (e), (g), (i), (j) and 0c) of proposed Section 51A-10.140, all of which pertain to City of Dallas and public utility exemptions from compliance, be deleted, but that language be added to provide that public utilities must comply except as expressly pwhibited by state or federal law. Councilman Duncan accepted the amendment as a part of his motion, Deputy Mayor Pro Tem Mayes also accepted the amendment. Councilmember Duncan asked Councilmember Duncan if'he would accept a friendly amendment to his motion to provide that in his proposed amendment nmber 6 the language md "That existing permit fees collected by the building official be inc'mas~I by up to four percenf' rather than "...be increased by four percent." Councilman Duncan accepted the amendment as a part of his motion- Deputy Mayor Pro Tern Mayes also accepted the amendment. After discussion, Mayor Bardett called the vote on Councilmember Duncan's motion, as modified: Voting Yes: [oq Garcia, Mayes, Stim-~on, Duncan, Mallory, McDaniel Voting No: [8] Bartlett, Luna, Hicks, Cmashaw, Box, Halstead, Fielding, Blumer Absent: [1] Wells absent on city business Mayor Bartlett declared the motion lost_ - Councilmember Stimson moved to close the public hearing, accept the recommendation of the city plan commission, and pass the ordinance amending the Dallas Development Code establishing tree preservation provisions and revising the landscape regulations cont~ined in Article X of the Dallas Development Code as recommended by the city plan commi-~sion- Motion seconded by Councilmember Luna. OFFICE OF TEE CITY SECKETAKY CITY OF DALLAS, TEXAS OFFICIAL ACTION OF THE DALLAS CITY COUNCIL May 25, 1994 94-i988 Page 5 During debate on Cotmcilmember Stimson's motion Cotmc{lmember Luna moved the previous question. Motion seconded by Cotmeilmember Box. Mayor Barden eatled the vote on Cotmc{lmember Ltma's motion to end debate'and proceed to an immediate vote on the pending question. Voting Yes: [6] Garcia, Mayes, Ltma, St~m-~on, Box, Blumer Voting No: [g] Bartlett, Duncan, Hicks, Mallory, Crenshaw, Halstead, Fielding, McDanieI Absent: [1] Wells absent on city business Mayor Barden declared the previous question was lost and debate could resume on Councilmember Stimson's motion as less than two-thirds of the.city council members present had voted in the affirmative. '- · Councilmember Halstead moved to amend Councilmember Stim-qon's motion to add language that would require the City of Dallas to comply with the provisions of the ordinance. Motion seconded by Councilmember Sfim-qon and unanimously adopted. (Wells absent on city business.) During debate on Councilmember Stimson's motion, as amended, Councilmember Hiclq. moved the previous question. Motion seconded by Councilmember Box. Mayor Barden called the vote on Councilmember Hicks' motion to end debate and proceed to an immediate vote on the penttlng question. Voting Yes: [14] Bartlett, Garcia, Mayes, Luna, Stimson, Duncan, Hicks, Mallory., Crenshaw, Box, Halstead, Fielding, Blumer, McDaniel Voting No: [0] Absent: [ 1] Wells absent on city business Mayor Bartlett declared the previous question ordered as two-thirds of the city council members present had voted in the affirmative. OFFICE OF ~ CITY SECRETARY CITY OF DALLAS, TEX~.S OFFICIAL ACTION OF THE DALLAS CITY COUNCIL May 25, 1994 94-I988 Page 6 Mayor Bartlett then called the question on Councilmember S~m~on's motion, as mended. Voting Yes: [1 I] Garcia, Mayes, Luna, S6mson, Duncan, Hicks, Mallory, Crenshaw, Halstead, Fielding, McDaniel Voting No: [3] Bartlett, Box, Blumer Absent: [1] Wells absent on city business Mayor Bartlett declared the motion adopted. Assigned ORDINANCE NO. 22053. OFFICE OF THE CITY SECRETARY crrY OF DALLAS, TEXAS 941988 5-25-94 22053 ORDINANCE NO. An ordinance amending CHAPTER 51, "PART l OF THE DALLAS DEVELOPN4F_NT CODE," o[ the Dallas City Code, as amended, by amending Sections 51-4.219, 51-4.401, 51-4.402, 514.403, and 51-4.803, Division 514-700, and A.r'ddes VIII and X, and by adding a new Division 51-4.310, and amending CHAFFER 51A, "}'ART II OF TI-EE DALLAS DEVELOP~M'ENT CODE," o[ the-Dallas City Code, as amended, by amending Sections 51A-4.219, 51A-4.401, 51A4.402, 51A-4.403, 51A-4.702, 51A-4.803,' 51A-8.403, 51A-8.510, and A/tide X, and addin~ a new Section 51A-8.511 and a new Division 51A-4.310;-amending CHAPTER 51 to make it consistent with the landscaping and tree preservation provisions in CHAFFEK 51A; requiring a tree survey showing the lecation, ca/iF.r, and species of trees as a part of an application for a specific use permit (SUP), planned development (PD) district, 'development impact review (DIP,), and a plat;, authorizing the board of adjustment-to grant a spedal exception to reduce required front, side, and rear yard setbacks and the off- street parkin~ requirement in order to preserve ~ees; author~,-~n~ a reduction in the minimum lot: area within a comnlunity unit development (CUD) when unimproved open space in a ~o<xi plain is preserved; author~ng the acceptance of a conservation easement; making significant char~es to the landscaping including requiring persons who remove hrEe trees from their property in ceruin circumstances to plant trees, donate trees to the park and recreation departmerit, or 1 2205.5 94 s.s or make a payment [nto a reforestation fund; repealing Section 51A4.301(i); providing a penalty no~: ~o exceed $2,000, including a minimum penaky of $400 for unauthorized tree removals; providing a saving dause; providing a sever~bility dause~ and providing an effective da~e. ~-I]5REAS, the d~/plan com3Idssion and the dry coundl, in accordance with ~.he provisions of ~he Char~er o]F [he Ci[y of Dallas, ~he state law, and ~he applicable ordinances oE the d~y, have given ~he required no~ices and have held the required public hearings regarding these aznendn~enB; Now, Therefore, BE rr ORDAINED BY THt crrY COUNCIL OF TIlE CrrY OF DALLAS: SECTION 1. That Section 514119, "SpecifFc Use Permi~ (SUP)," of D~vision 514.200, "Use Regu/ations," of Afdde IV, "Zoning Regulations," of CF_AFrER 51, "PART I OF II-IE DALLAS DEVELOP~ CODE," of ~he Dallas City Code, as amended, B a~nended by replacing the exi~lg language wi~ the following: "SEC. 51-4.219 SPB(~]/-[C USE P~ (SI3P~. This section lncorp. ora~e~ by reference the language of Sectiota' 51A-4.219, "~pedfic Use Perraft (SLIP]." of CI-IAPTER 51A. "PART II OF THE DALLAS DEVELOP.~,{ENT CODE." as hha~ sectdon exBB ~oday ~nd as ~ may be amended in the future." SECTION 2. Tha~ Art[de IV, "Zordr~ 1R~gula~ions," o~ CI-IAFTER 51, "PART I OF TI-IE DALLA.5 DEVELOPN[ENT CODE," of the Dalla~ City Code, a~ aznended, is amended by adding a new D~vis~on 514310, "Of~-Shree~ Parking Reductions/' ~o · read as follows: 2 22053 941988 "Division 514.310 Off-street parking reductions. ..This diviSign incorporates by reference the language 0f Division 51A4.310, "Off-Street Parking Reductions." of CHAFFER 51A, "PART II OF THE DALLAS DEVELOPMENT CODE." as ~at divisien exists today and as it may be amended in the future." SECTION 3. That Subsection (d), "Schedule of Mfinimum Front Yards," of Section 51-4.401, "~V_inimum Front Yard," of Division 51-4.400, "Yard, Lot, and Space Regulations," of Article rV, "Zoning Regxdations," of CHAPTER 51, "PART I OF THE DALLAS DEVELOPIV[iN'IF CODE," of the Dallas City Code, as amended, is amended by rentLmbering Subsection (d) as Subsection (e) and adding a new Subsection (d), "Spedal Exception for Tree Preservation," to read as follows: "(d~ Special exception [or tree preservation. Lll The board may _e'rant a special exception to the minimum front yard requirements in this ~ction to preserve an existing tree. f2~ In determining whether to Z_rant th/s spedal exception, the board ~hal] consider the following factors: (A) Whether the requested special exception is compatible with the character of the neizhborhood. (B) Whether the value of surrounding prooerties will be ad~rerse!y affected. (C~ Whether the tree is worthy of oreservation.~ SECTION 4. That Subsection (d), "Schedule of Minimum Side Yards," of Section 51-4,402, "~Mjnimum Side Yard," of Division 51-4,400, "Yard, Lot, and Space Reomalations,' of Article IV, "Zoning Reg-u/ations," of CHAPTER 51, "PART I OF 3 2205 THE DALLAS DEVELOPMENT CODE," of the Dallas City Code, as amended, is amended by renumbaring Subsaction (d) as Subsaction (a) and adding a new Subs~"tion (d), "Slx~al Exception for Tree Preservation,' to raad as follows: Special except{on for tree preservation, fll The board may ~ant a svedaI excevtion to the minimum side yard requirements in this saclion to preserve an existing tree. f2,l In determining whether to gent this special exception. the board shall consider the following factors: LM Whether the r~.uested special exception is compatible with the character of the neighborhood. (B} Whether the value of shrrounding properties will be adversely affected. LCI Whether the tree is worthy of preservation.' SECTION 5. That Subsection (d), 'Schedule of Minimum Rear Yards," of Section 514.403, %Minimum Rear Yara,' of Division 514.400, 'Yard, Lot, and Space Regulations," of Article W, "Zoning Regulations,' of CHAFFER 51, 'PART I OF THE DALLAS DEVELOPMENT CODE,' of the Dallas City Code, as amended, is amended by tenumbering Subsection (d) as Subsection (e) and adding a new Subsection (d), "Special Exception for Tree Preservation,' to read as follows: "L~[I Special exception for tree preservation, f!l The board may ~ant a spatial exception to "the minimum rear yard requirements in this section to preserve an existing tree. (2) In determining whether to ~ant this s.pedZ~l exce.vtion, the board shall consider the following factors: 4 (A] Whether the requested special exception is compatible l~'ith the character of the neighborhood. (B) Whether the value of surrounding properties will be adversely affected. (C) Whether the tree is worthy of preservation." SECTION 6. That Division 51-4.700, "Zoning Procedures," of .~d:tide IV, "Zoning Regulations," of CI-IAYrER 51, 'PART I OF THE DALLAS DEVELOPMZE1Vr CODE," of the Dallas City Code, as amended, is amended by replacing the existing language with the following: "Division 51-4..700 ZQning procedures, This division incorporates by reference the lan~tuage of Division 51A-4.700. "Zoning Procedures." of dI--IAFTEI~ 51A. "PART II OF THE DALLAS DEVELOPM'ENT CQDE/' as that diviSiOn exiStS tOday and as it may be amended in the future." SECTION 7. That Paragraph (1), "In General," of Subsection (d), "Site Plan Requisites," of Section 51-4.803, "Site Plan Review," of Division 514.800, "Development Impact Review," of Article l'V, "Zoning Procedures," of CHAFFER 51,' "P.LRT I OF THE DALLAS DEVELOP~ CODE," of the Dallas City Code, as amended, is amended to read as follows: "(1) ~ A site plan submitted for review under this section must: (A) include a location diagram showing the position of the lot . in relation to surrounding streets in the dty's major street network; 5 2205 3 (B) contain title block and ~eran~e Ln~ormat~on ~~g ~o ~e ~o~ ~d p~an~ ~du~g ~e name o~ ~e p~o~, ~e names o~ ~e persons respo~ible for prep~g ~e p[~, ~e zo~g dass~ca~on of ~e lot, ~e ~ale of ~e pl~ ~o~ nm~c md ~ap~c), md ~ date of s~sion, wi~ proveion for dang re~do~; (Q show ~e d{~uio~ of ~e lot,' ~d ~ffi~te Iot ~ea ~ bo~ ~u~e f~t ~d a~es; (D) ~ow or dale ~ bd~g envelo~ for earl e~s~g ~d pro~d bd~g on ~e lo~ ~ show ~e I~on of ~ e~g s~ee~, ~eys, e~en~ for s~eet p~s, u~ ~d o~ ea~~, fl~way mugemit ~e~, md ~e 10~ye~ fl~d pl~ ~ appH~b[e; (~ show d ~e~ pro p~ for dd~ or r~afi~; (~ show zo~g ~a~ ~d bd~g ~es for earl e~g ~d pro~d bd~ on ~e 1~ ~ show ~ ed~g ~d propond po~ of ~s ~d e~ess ~d es~ated pe~ ho~ ~g mov~ to ~d ~om e~g ~d prop~ p~Hc ~d pdva~ s~ d ~; ~ show aR ~g ~d proposed me~an cuts and ~veways l~ated wi~ ~ let of ~ lo~ ~- show d e~s~g ~d propond off~eet p~g and load~g areas, ~di~g ~e g~rd ~ions of p~g bays, ~les, and driveways, ~d ~e nm~r of ~ to be acco~ated ~ earl row of p~g space; ~ ~ow d ~g md pro~d prodiota for ~des~ c~afion on ~e lot, ~dud~ sidew~, w~ays, cossw~, md ~des~ plazas; ~) ~ffi~te aveap da{ly ~dc corm on adjac~ s~ md ~us~ate es~ated ~ ho~ ~g mov~ a~ ~ter~do~ [o~d wi~ 2~ feet of ~e lo~ (~ show ~e I~a~on ~d ~fficate ~e ~e of ~y sp~al ~affic re~a~on ~a6l{~es pro~d or r~ed; (N) show the exisling and proposed topography using contours at intervals of two feet or less. Existing contours must be shown with dashed lines; proposed contours must be shown with solid lines; (O) show the existing and proposed [ocations for municipal solid waste containers and receptacles; (P) show surround~.g properties and the approximate location of buildings within a distance of 250 feet of the for, indicating their zoning district classification, Surrounding properties may be drawn at a smaller scale than that required under Subsection'(c); (Q) show locations, calipers. and names _(both common and scientific) Of ~11 ~re~ Dear orooosed construction activity.: and (R) contain any other reasonable and pertinent information that the director determines to be necessary for site plan review." SECTION 8. That Paragraph (2), "Residential Adjacency Items~' of Subsection (d), "Site Plan Requisites," of Section 514.803, "Site Plan Review," of Division 51- 4.800, "Development Impact Review," o[ Article IV, 'Zoning P,~gulations," of CHAFTER 51, "PAKT I OY THE DALLAS DEVELOPMENT CODE,' o{ the Dallas City Code, as amended, is amended to read as follows: '(2) Residential adiacency items.. If the lot has a residential adiacencY as de~x~ed in Subsection (d)(3) and is not in the Oak Lawn Spedal Purpose Dis~ict (Ptarmed Development District No. 193), the site plan must (A) show the existing and proposed locations For all building entrances, exits, earvice areas, and windows; (B) show the location and indicate the type, size, and height o[ perimeter fencing, screening, and buffering elements proposed or required; (C) show all provisions to be made to direct and detah-t stonxt water and to mitigate erosion both during and following the completion of construction; CD) show the location and indicate the type, orientation, size, and height of light standards which will illuminate any portion of a required yard; 7 22053 9419'88 (E) .................. c.'dr, .--.,...-,.. L.-..~:.-_~_--.g -.-,-.;.-,~ .,..., ,~,~ -.-..~ ...,~;,-,. -..-.. ,..-, ~ .........-,. ---r--, ........... :-~=',?- .................... · (t;)-] show the location of existins and proposed signs; and fqb')_ [(Q] contain any other reasormble and pertinent Lrdormation ti'mt me director dete~dnes to be necessary for site plan review." SECTION 9. That Article VIII, "Plat Regulations," of CHAFFER 51, "PART I OF THE DALLAS DEVELOPMENT CODE, of the Dallas City Code, as amended, is amended by replacing the existing language with the follo,.~rin~ PLAT REGULATIOn5, This article incorvorates b<r reference the Iang~Jage of Article VIII. "Plat Reralations." of CHA15TER 51A~ "PART II OF TIlE DALLAS DEVELOP.MENT CC~DE," aS that article exists today and as it may be amended in the future." SECTION 10. That Article X~ "Landscape Regulations," of CHAPTER 51, "PART I OF THE DALLAS DEVELOPlv~-NT CODE,' of the Dallas Ci.tjr Code, as amended, is amended by replacing the existing language with the following:. LANDSCAPE AND TREE PRESERVATION REGULATIONS. This article incoroorates by reference the lan_¢uage of Article X. "Landscape ii~d Tree Pres~rv~tio~' l~'_egUlatiorCs." of CHAP'ER 51A: "PART 'H OF THE DALLAS DEVELOPMENT CODE." as that article exists today and as it may be amended in the future. A reference to a Chapter 51A zoning district in that article shall mean the' equivalent zoning district in Chapter 51. with the "CS" eListrict memirtg the "HC' 8 ,_'05 3 94 9ss SECTION 11. That Subparagraph (A) of Paragraph (2) of Subsection (b), "Specific Use Permit Procedure," of Section 51A4.219, "Specific Use Fermit (SUP)," of Division 51A4.200, "Use Regulations," of Article IV, "Zoning Regulations," of CHAPTER 51A, "PART II OF THE. DALLAS DEVELOP~ CODE," of the Dallas CitT Code, as mended, is amended to' read as follows: '(A) a site pIart that includes: (i) the dimensions, bearings, and street frontaBe of the property; (ii) the location of buildings, strucma:es, and uses; (i/i) the method of ingress and'egress; (iv) off-street parking ~ loading arrangements; (v) screening, lighting, and landscaping, if appropriate; (vi) the locations, calivers, and names (both common and scientific~ of all trees near proposed construction activity. (trees in close proximity. that all have a caliper Of less than eight inches may be designated aS a "_ereup of trees" with only ~e number noted): anti (vii~ any other infomation.the director determines'necessary for a complete review of the proposed development; and" SECTION 12. That Paragraph (8) of Subsection Co), '"Specj'~c Use Permit Procedure," of Section 51A-4,219, '"Spedtic Use Permit (SUP)," of Division 51A-,L200, "Use Regulations,'' of Article IV, "Zoning Regulations," of CHAFFER 51A, "PART II OF THE DALLAS DEVELOPMKNT CODE," of the Dallas City Code, as mended, is amended to read as follows: 9 "(8) The applicant shall Para~ap~ (1) ~d (2) to ~end a l~ape p[~ ~ ~ p~ of ~ ~ or~ance, except ~at ~e ~e~or may au~e ~or d~ ~ ~e l~d~a~ plm ~at do not: (A) reduce ~he perfmeter[m~_nda tcry] landscape buffer strip; ,n~ alter the design standards selected r,~dcd -~cr z~rev:!]; or (C) [CD)] detrimentally affect the p[an's screenfng or bufferins function. The applicant may appeal tim derision of the director to the commission." SECTION 13. That Article 11/, "Zoning Regulations,' of CHAFFER 51A, "PART II OF THE DALLAS DEVELOPMENT COlD'E," of the Dallas City Code, as 'amended, is mended by adding a new Division 51A-4.310, "Off-Street Parking Reductions," to read as follows: "Division 51A-4.310 Off-street parking reductions. SEC. 51A-4.311 SPECIAL EXCEFTIONS. Spedal exception: parking demand. (1~ The board may ~ant a special exception to authorize a reduction in the number of off-street parking spaces required under thi~ article Lf the board finds. after a vublic hearin!L that the oarkin~ demand Eerierated bv the use does not warrant the number of off-street parking spaces required. and the svecial excevtion would not create a traffic haz{{rd or inqr~a~ ~raffic congestion on ad!acent and nearby streets. Except as otherwise orovided for the commercial amusement (inside] use. the maximum reduction authorized by this section is 25 percent or one space. whichever is ~eater, minus the number of parking spaces oJrrentiy not' vrovided due to already existing nonconforming ri~hts. For the commercial amusement (inside] use. the maximum reduction authorized by this section is 50 percent Or one space. wkichever is ~eater, minus the number of parking spaces currently not orovided due to already existing nonconforming fights. q0 · 2205Z, s4 gss (2) In determining whether tO grant a special exception under Paragraph (1), the board shah comider ~e ~o[low~g factors~ (A) ~e exten~ ~o w~ch ~e paring spaces provided will be remote, sha~ed, ~ packea 9~rk~g, (B) ~e p~g demand ~d ~p genera~on ~ara~efis~cs of all u~s for w~ ~e sp~al 'exception is reo~est~. (C) ~e~er or not ~e sub~t prope~ or any pro~er~ ~ ~e general area is part of a modffi~ delta overlay dis~. (D~ ~e ~ent ~d vrobab[e ~mre capad~ of ad}acent and nearby s~ts ba~d on ~e d~s ~oroug~are plan. ~ ~e availabiliW of ~blic ~msit and ~e likel~d of its u~. ~ ~e feas~ili~ of park~ mitigation measures md ~e likel~d of ~eir eff~ven~s- C3) In ~anting a special exception under Para~'raph (1), the board shall soecifv the use or uses to which the special exception applies. A spedal e×ception ~anted by the board for a particular use automatically ~n~t immediately rental_hates if and when that use is changed or discontinued. In ~anting a speci.'al exception under Para~aph (1~. the board rnav: (A) establish a termination date for the svedal exception or 9therwise provide for the reassessment Of condition,~ after a ~pecified l~ridd of time~ (B) impose restrictions on access to or ~rom the sub!ect vrovertv; or LCI irarose any other reasonable condition that would have the effect Of improving traffic safew or lessening congestion on the ~treet~. (5'1 The board shall not grant a spedal exception under Para~aph (1) tO redu'Ce ere number of off-s~eet parking s,vaces required (A) a planned development district: or (B~ an ordinance ~anting or amending a spedal use permit, 22053 9 1988 (b) Spedal exception: tree preservation. The board may ~Lrrant a special exception to authorize a reduction in the number of off-street parking spaces required under this article if the board finds, after a public hearing. that tho reduction will result in the preservation of an existing tree. The preserved ~. must be protected from vehicular traffic through the use of concrete curbs. wheel ~top~, or other permanent barrierS. The maximum reduction authorized bv t. his subsection is 10 percerit or one space. whichever is ~Lrreater. minus the numbper of parking spaces currently not provided due to already existing nonconforming rights. SEC. 51A-4.312 TREE PRESERVATION PARKING REDUCTION. The number of off-street oarking spaces required under this article is reduced Dy one for each protected ~ree (as deEned in Article X~ retained that would otherwise have tO be removed. The preserved tree mu.st be protect;ed from v~hicular traffic through the use of concrete curbs. wheel stops, or other vermanent barriers. The maximum reduction authorized by this section is five percent or one space. whichever is ~eater. minus the number Of parking space~ currently not provided - due to already existing nonconforming rights." SECTION 14. That Subsection (d), "Schedule of Minimum Front Yards," of Section 51A-4.401, "Minimum Front Yard," of Division 51A-4.400, "Yard, Lot, and Space Regulations," of Article IV, '"Zoning Regulations," of CHAPTER 51A, "PART II OF THE DALLAS DEVELOPMEaNT CODE," of the Dallas City Code, as amended, is amended by tenumbering Subsection (d) as Subsection (e) and addiTng a new Subsection (d), "Spedai Exception for Tree Preservation," to read as follows: "kll Special exception for tree prese,wation. (1) The board may grant a ~pedal exception to the minimum front yard requirements in this section to preserve an existing tree. (2) In determining whether ~Q'grant iris s.~=cial exception, the board shall consider the following factors: . · 22053 ('A) Whether the requested special exception is compatible with the character of the neighborhood. [B) Whether the value of surrounding properties will be (O ~e~er fie ~ is wo~y of ore~a~on.' SECTION 15. That Subsection (d), "Schedule of Minimum Side Yards," oE Section 51A-4,402, 'Minimum Side Yard," of Division 51A4.400, 'Yard, Lot, and Space Regulation.s,' of Article IV, 'Zoning Regulations,' of CHAPTER 51A, "PART II OF THE DALLAS DEVELOPM~-NT CODE," of the Dallas City Code, as amended, is amended by tenumbering Subsection (d) as Sub, section (e) and adding a new ' Subsection (d), "Spedal Exception/or Tree Preservation,'' to mad as follows: "rd) Soecial excevtion for tree preservatioru lf!l The board may pant a spedal exception tO the minimum Side yard requirements in this section to preserve an existing tree. (2) In determining witether to ~ant this $.pedal exception, the board shall consider the following factors: (A) Whether the requested spedal exception iS ~ompatible with the character of the neighborhood. (B) Whether the value Of Surrounding properties will be {~dversety affected. (O Whether the tree is worthy Of preservation." SECTION 16. That Subsection (d), 'Schedule of Minimum Rear YarcLs," of Section 51A-4,403, "Minimum Rear Yard,'' of Division 51A4,400, "Yard, Lot, and. Space Regulations," of Article IV, "Zoning Regulations,'' of CHAFFER 51A, "PART 13 2_2053 II OF THE DALLAS DEVELOPMENT CODE,'' of the Dallas City Code, amended by tenumbering SubseCtion (d) as Subsection (e) and adding a new' Subset"don (d), "Spedal Exception for Tree Presentation," to read as foljows: "(d~ Special exception for tree preservafiQn-. (1~ The board may g'rant a svecial exception to the minimum rear yard requirements in this seCtiQn ~ preserve an existing eree. f2~ In determining whether to ~ant this svecial exception. the board shall consider the following factor~: (_A~_ Whether the requested special exception is compatible with the Character Qf the nei~zhborhood. . ' (B~ Whether the value of surrounding properties will be adversely affected. (_C~ Whether the tree is worthy of preservation,' SECTION 17. That S. ubparagraph (A) of Paragraph (1) of Subsection (d), "Site Analysis," of Section 51A-4.702, ~Plarmed Development ('PD) District Regulations,, of Division 51A-4.700, "Zoning Pr~.edures,'' of Article IV, "Zoning Reg'ulltions,' of CI-LAPTER 51A, uPART rr OF THE DALLAS DEVELOPMENT CODE," of the Dallas City Code, as amended, is amended to read as follows: "(A) Location of flood plains, water bodies, creeks, marshes, drainage areas, trees near vroposed construction activity (including caliper. common name. and scientific name [trees in dos4 prgximity that all have a'-caliper-gf less than eight inches may be d~i~m, mted as a u~9up of trees" with only the number noted]~ ~' ....... ~""~ rock outcroppings, important view corridors of scenic vistas and · skytines, and any other significant natural features.' " 22053 941988 SECTION 18. That Subsection (i), "Amendments to ~e Landscape Plan," of Section 51A-4.702, "Planned Development (PD) District Reg'ulations," of Division 51A-4.700, "Zoning Procedures," of Article IV, "Zoning Regulations," of CHAFFER 51A, "PART II OF THE DALLAS DEVELOPMENT CODE," of the Dallas City Code, as amended, is mended to read as follows: "(i) Amendments to 'the landscape plan. The applicant shall go through the procedures outlined in Section 51A-4.701 to amend a landscape plan that is part of a PD ordinance, except that the director may authorize minor changes in the landscape plan that do not: (1) reduce the perimeter[m=-,datcry] landscape buffer strip; fq~ alter the design standards selected ........... .r.r~ ..... J/ (3)f_{4)-]detrimentaHy affect the plan's scre~,'ting or buffering function. The applicant may appeal the decision of the director to the commission-" SECTION 19. That Paragraph (1), ~n General," of Subsec'don (d), "SRe Plan Requisites," of Section ~1A-4,803, 'Site Plan Review," of Division ~1A-4.800, "Development Impact Review," of A. rtide IV, "Zoning Procedures," of ~ 5IA, "PART II OF THE DALLAS DEVELOP1VfENT CODE," of ~e Dallas City Code, as amended, is amended to read as follows: .- '(1) In general. If the site plan is required due to esHmated trip generation or a requirement for DER in the use regulations, it must:, (A) include a location diagram showing the position of the lot in relation to surrounding streets in the dty's major street network; 15 2205, 94:198.8 (B) contain title block and reference information pertaining to the lot and plan, including the name of the project, the names of fie persons responsible for preparing the plan, the zoning classification of the lot, the scale of the plan CootIt humeric and graphic), and the date of submission, with provision for dating revisions; (C) show the dimensions of the lot, and indicate lot area i~. both sclu~re feet and acres; CD) show or describe the building envelope for each. existing and proposed building on the lot; (E) show the location of all existing streets, alleys, easements for street purposes, utility and other easements, floodway management areas, and the 100-year flood plain, if applicable; CI~ show all areas proposed for declicatlon or reservation; (G) show zoning setback and building lines for each existing and proposed building on the lot; Crl3 show all existing and proposed points of ingress and egress and estimated peak hour turning movements to and f~om existing and proposed public and private streets and. alleys; Ci) show all existing and proposed median cuts and driveways located within 250 feet of the lot; 03' show all existing and pioposed off-street parking and loading areas, indicating the general dimensions of parking baits, ~sles, and driveways, and the number of cars to be accommodated in each row of parking spaces; CK) show all existing and proposed provisions for pedestrian circulation on the lot, including sidewalks, walkways, crosswalks, and pedestrian plazas; CL) indicate average daily traffic counts on adjacent stzee ts and -illUstrate estimated peak hour turn/.ng mo,:,ements 'at intersections loca.ted within 250 feet of the lot; (M) show the Iocation and indicate the type of any special traffic regulation facilities proposed or required; · 22053 (N) show the existing ~nd proposed topography of ~e lot us~g contours at ~te~als of ~o f~t or less. E~g conto~s m~t be shown wi~ d~hed ~es; propond conto~s m~t be sho~ (0) show ~e ~s~g ~d propond i~o~ for m~dpal solid w~ste cont~ers ~d r~ept~d~; (P) show s~ro~d~g proper~es and ~e approximate [~a~on of b~d~gs wi~ a d~t~ce of ~0 f~t of ~e lot, ~~g ~eff zo~g dis~ict cl~ss~ca~om S~o~g propetes ~y be ~t reqied ~dE 5ub~on (c); [~ (Q) show l~a~om, calfram. ~nd names ~o~ common and ~en~c] of aH ~ees near propo~d com~aon ac~vi~ (~s ~ clo~ pro~mi~ that all ~ve a q~Ifper Of less ~s eigh~ ~e$ may be deSi~tM as a "~oup ~ees" wi~ o~y ~e n~ber noted]: ~d .. (R) conta~ ~y o~er tenable' ~d pe~en~ fiat fie ~tor dete~es to be nEes~ for site pl~ re~ew.' SECTION 20. That Paragraph (2), "Residential Adjacency Items,' of Subsection (d), "Site Plan Requisites," of Section 51A-4.803, "Site Plan Review," of Division 51A-4.800, "Development Lmpact Review," of Article IV, "Zoning Procedures," of CHAPTER 51A, "PART II OF THE DALLAS DEVELOPMENT CODE," of the Dallas City Code, as amended, is amended to read as follow~ "(2) Residential ad!acency items. If the lot has a residential adjacency as 'defined in Subsection (d)(3) and is not in the Oak Lawn Spedal Purpose District (Planned Development District No. 193), the site plan mus~z (A) satisfy the requirements of Subparagraphs (A) through (G), CD, and (N]LQI[(?)] in Subs x ion (B) show all e.vi.'st{ng and .proposed points of ingress and egress; (C) show the ex/sting and proposed locat/orm for all building entrances, exits, service areas, and windows; 17 22053 941988 (D) show the location and indicate the tyl:~, size, and heigt'tt of perimeter fencing, screening, and buffering elements propesed or required; (E) show all provisions to be made to direct and detain storm water and to mitigate erosion both during and following the completion of construction; (F) show the location and indicate the type, orientation, size, and height of light standards which will illuminate any portion of a required yard; ~ show the location of ~is~ and prol~d ~Di~q),] show the existing and p~opo~d loc~ions oE ~11 exterior loudspeake~ and sound a.m~liflers; (I)[~ show the existing and' l~oposed loca~io~ ~or all mechanical equipment capable of producing high levels o~ noise; and ~[~CE),,]contain any o~ teasorphic and pertinent h~orma~ion that the director determines ~o be necessary for site ~Lan ~eview.'' SECTION 21. That Paragraph (1), 'Preliminary Plat Submission," of Subsection Co), "Major Plat Approval Process,' of Section 81A-8.403, "PIatting Process," of Division ~1A-8.400, "Procedure,'' of Article VIH, "Plat Regul~tions,' of C~ 51A, "PART I OF THE DALLAS DEVELOPMENT CODE," of the DalIas City Code, as amended, is amended by adding a subparagraph (U) to read as follows: "]J~I1 The location. calioer. and name tooth common and scienti~c) of all trees near proposed construction (trees in close proximity. that all have a caliper 'of less than eight inches may be desi_Lmated as a "~oup of trees" with only the number noted).'' 18 . 22053 941988 SECTION 22. That Subsection (c) of Section 51A-8.510, "Community Unit DevelOpment," of Division 51A-8,500, "Subdivision Layout and Design," of Art/de VIII, "Plat Kegulations,". of CHAPTER 51A, "PART I OF THE DALLAS DEVELOPM'ENT CODE," of the Dallas Ci~ Code, 'a~ amended, is amended to read as follows: "(c) The minimum lot area of any lot within the CUD may be reduced by an amount not to exceed 25 percent of the minimum lot area for the zoning district in which the CUD is located. Any reduction in minimum lot area must be compensated on a square foot for square foot basis by the establishment of permanent community open space to serve the property being platted. If five oercent or more of the community. open space is unimproved and in a flood olain (as de.fried in Article V]. the minimum lot area may be reduced by up to 30 .~rcent." SECTION 23. That Division 51A4.500, "Subdivision Layout and Design," of Art/de VIII, "Plat Regulations," of CHAPTEK 51A, "PAKT I OF THE DALLAS DEVELOPMENT CODE," of the Dallas City Code, as amended, is amended by adding a new Section 51A-8511, "Cop. servation Easement," to read as follows: "SEC. 51A-8.511 CONSERVATION EASEMENT. The.Owner Of the property to be platted may provide an easement ~o conserve trees and other natural features. sub!ect to acceptance by the City.. Be.~ore the City may consider acceotin~the easement. the owner shall provide the buildin~ official with a list 0f the protected trees by name {both CommOn and scientific) and caliper, and a preservation strate=~y. for the easement." SECTION 24. That Art/de X, "Landscape Reg-u/ations," o[ CHAFFER 51A, "PART H OF THE DALLAS DEVELOPMENT CODE," o[ the Dallas City Code, as amended, is amended to read as [ollows: 19 22053 9419'88 LANDSCAPE AND TREE PRESERVATION REULATIONS. Division 51A-10.100 Ln General. SEC- 51A-10.101 DEFINITIONS. In this artide: (1) ARTIFICIAL LOT means an area within the building site that is delineated by the building oHHida/or the director of park[e] and recreation for the sole purpose of satisfying the requirements of this article (see Section [5!A-!O.!~.!D. (2) CAIIPER means the diameter of a~ee [~.c] trunk measured six inches above ground level up to and indudins bur inch caliper size, and measured 12 inches above ground level i~ the measurement .t~en at six inches above ground ' level exceeds four inches. If a tree is of a multi-trunk variety, the caliper of the tree is the average ca/iper of all of its trunks. (3) CANOPY TREE means a species of tree that [:vkich] normally bears crown foliage no lower than six feet above ground level upon maturity. (4) ENHANCED PAVEMENT means any permeable or nonpermeable decorative pavement material intended for pedestrian or vehicular use. Examples of enhanced pavement include brick or stone pavers, grass paver, exposed aF~regate concrete, and stamped and stained concrete. (5) EVERGREEN TREE OR b"HRI/B means a tree or sl'u-ub of a species that ~ normally retains its leaves throughout the (6) FLOC)D PLAIN means any land area ~Ls~e~'bl~ to inundation by the hundred year ~rM. uency flood. ~ GRO~ COVER means natural mulch or plants of spedes that [:'; hich] normally reach a height of less than three feet upon maturity, installed in such a manner so as to form a continuous cove over the Eround. ~ HUNDRED YEAR FREOUENCY FLOOD means the flood having a one oercent chance of being equalled or exceeded in any ~ven year. This . flood is based upon the drainage area being ~ully develo.l~d to current zoning limitations. 20 · 22053 (9)[Lj0,] LANDSCAPE ARCHITECT means a person licensed to use the title of "landscave architect" [practice "- +"'-~' m~"'~ ..... ~c~ec~c] in the State of Texas in accordance with r ......... + tel state law. fl0) [C~)] LANDSCAPE AREA means an-area at least 80 percent of which is covered by natural grass, ground cover, or other natural plant materials (excluding screening). (11) [{4~ LA.NDSCAPE BUFFER STKII~ means a landscape area that serves a buffer function Ion ~' .... ;-"--'+-'-' '-~ ~-" ~,,m,~;~,, ,~ ..... ,~t~,;.,~ ~,,~ L121[(10)] LARGE SHRUB means a shrub that ["'hich] normally reaches a height of six feet or more upon maturity. L131['~] LARGE TREE means a tree of a spedes that normally reaches a height of 30 feet or more upon maturity. ,.~.--., ................................... .cc;'cra~c (14) [t~u LOT means: (A) a "lot'~ as defined in Section 51A-2.102; and (B) an "artifidar lot" as doffned in this section. (15) [(l-i)] LOT WITH RESIDENTIAL ADIACF..NCY means any of the following: (A) A builcting site contaLning a multifamily use that adjacent to or directly across: (i) a stceet 64 feet or less in width; or {ii) a~ alley; f'zom private property. in ~ sin~e E~mily, duplex~ towrd~ouse, or CH distri~. (B) A building site containing ~ nonzesidential use that adjacent to or directly across: 21 941988 (i) a street 64 feet or less in width; or (ii) an alley; .. from private property ~ an agricultural, single family, duplex, townhouse, CH, multifamily, or manufactured housing district. (C) An artifidal lot containing a multifamily use if the lot is less than 200 feet from private property in a sinEle family, duplex, townhouse, or CH zoning district. (D) An artifidal lot containing a nonresidential use if the lot is less than 200 feet from private property in an agricultural, single family, duplex, townhouse, CH, multifamily~ or manufactured housing zoning district (16~ NONPERMEABLE COVERAGE means coverage with nonpe. rrfteable pavement. "Nonpermeable pavement" means any pavement that is not "permeable pavement" as defined in this sectiO.n. ' .- (17] [(I-~}] PERMEABLE PAVEMINT means a paving material that permits water penetration to a soft depth of 18 inches or more. Permeable pavement may consist of nonporous surface materials poured or laid in sections not exceeding one square foot in area and collectively comprising less than two-thirds of the total surface area. ~ [{-1-~t~ PRIVATE PROPERTY means any property not dedicated to public use, except that "private property" does not include the followin~: (A) A private street or alley. , (B) Property on which a utility and public service use listed in Section 51A--4.212 is being conducted as a main use. (C) A r~nroad right-of-way. 0D) A cemetery or mausoteum. (19~ PROTECTED TREE means a tree having a call.per of eight inches Or more tha~; is not on~ of the fOllOwing trees: Acer .~accharinurn (Silver Maple), Allanthus attissima Crree of HeavenL Albizzia iulibrissen fMimosa or Silk~ee). Celtis occidentaIisZ!aevifata (Hackberry. or Sugarberry), Frazinus velutina (Arizona Ash), Maclura .vomifera [female only! (Bois d'Arc or Horsea.~.leL MeIia azedarach (ChinaberrvL Salix niS, ra (Black Willow~. Sabiura sebiferurn' (Chinese Tallow), and UIraus purniIa (Siberian Elm). 22 22053 94198 (20) REMOVE means {m ~c- that causes a tree to decline and die within three years Of the act. It includeS, but iS not limited tO: the cutting down of a tree: a comvaction of soil above the root system of a tree: a change of the natural grade above the root system of a tree: an iniury' to a tree' from fire or other causes which resultS. in. 9r permits infections Or pest infeStatiOns: an application of herbiddal or other lethal chemicals; and placement of nonpermeable pavement over the root system oF a tree. ~ REPLACEMENT TREE means a tree that is planted {n accordanc~ with Section 51A-10.134. L?jIJ[(!~)] SCKEEN~'XtG means screening that complies with the construction and maintenance regulations in Section 51A4.602, except as those reg%dations may be expressly modified in this article. (23] [f!-'O,] SMALL TREE means a tree of a species that normally reaches a height of less than 30 ~eet upox{ maturity. ' ~ [(!~)] SOIL means a medium that plan~ ~ grow in. f2~ UNDERSTORy means a ~ouping of natural tow-level woody. herbaceous. or ~ound cover species. {2ffi[~ VISIBILITY TRIANGLE means the term 'visibility triangle" as defined in Sectdon 51A4.602. ~ WATER COURSE means a natural or constructed daannel for the flow of water. SEC. 51A-10.102 PUKPOSE. The process of development with its alteration of the natural topography, vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing increases in air temperatures and accelerating the processes of runoff, erosion, and seclinlentation. The economic base of the dty can and should be protected flurough the presev,'ation axtd enhancement of the unique natural beauty, environment, and vegetative space in this area. Recogvi~ng that the general objectives of this article are to promote and protect the health, safety, and welfare of the public, the dty council further declares that this article is adopted for the foRowing spedfic purposes: 23 " 941988.. 22053 (1) To aid in stabilizing tie environment's ecological balance by contributing to ~ processes of air purification, oxygen regeneration, ground-water recharge, arid storm water runoff retardation, while at tie same time aiding in noise, glare, ~d. and heat abatemeftt. (2) To provide visual buffering between land uses of differing character to alleviat~ the harshnes~ of urban (S) To enhance the l~autific~tion of the city. (4) To safeguard and enhance property values and to protect public and private investment. (S) To conserve (6) To provide habitat for wildln:e. ~ To encourage the preservatfo'n of large trees whfch. once removed. can be replaced only ~er generatfons. SEC. 51A-10.103 ACCE At}LE LANDSCAPE MATERIALS. (a) No artifidal plant materials may be used to satisfy the requirements this article. _Co) In satisfying the rec~uiremen~s o[ this article. the use of high-quality, hardy, and drouzht-toterant plant materials is recommended and encouraeed. SEC. 51A-10.104 SOIL REOLrltEMEN'TS. Lal Planting areas in general must have the following soil depths and dimensions: LqJ For each large shrub or small tree installation. a minimum of 24 inches of soft devth and 16 squ. are feet of surface area (total of 32 cubic feeO. L?,J For each large tree installation. a minimum of 36 inches of soil depth and 25 square feet of surface area (total of 75 cubic feetL (b~_ Planting areas located above under~ound buildinp or structures must have the following soil depths and dimensions: 24 941988 " 22053 (1) For each large shrub or small tree installation, a minimum of 30 inches of Soil depth and 25 Square feet of suxface area (total of 62.5 cubic feet). L?,I For each large tree installation, a minimum of 40 inches of soil depth and 36 ~uare feet of surface area (total Of 120 cubic feet); Lc, l The building official may waive the min/mum soil requirements if a landscape architect certifies that ~fie proposed alternative. so//depths and dimensions are suffident to support the healthy and vigorous ~Owth of the plant materials affected. SEC. 51A-10.105 PROTECTION OF LANDSCAPE AREAS. Required areas for plant materials must be protected from ve.hicular traffic through the use of concrete curbs. wheel stops, or other permanent barriers. SEC. 51A-10.106 IRRIGATION KEOD'IZRE,Mt'N'i'S. All olant materials used as recruited screening must be irrigated by an automatic irrigation system installed to comply with industry standards. Other plant materials used to comply with this article must be locate~i within 100 feet of a verifiable water supply. Proposed watering methods (irrigation or other, vise/must (a] indicated on the landscape plan. if any: and Col adequate to maintain the plant materials in a healthy, growing condition at all times. $EC. 51A-10.107 PLANTERS ALLOWED. Plant;~r~ m~y be used to satisfy the requirements Of this article provided that the soil rec~uirements in Section 51A-10.104 are met. & SEC. 51A-10.108. GEN'ERAL MA/1NTENANCE. (~]. Required plant materials must be maintained in a healthy, =o-rowing conditior~ at all times. The property. owner is responsible for regular weeding. mowing of pass. irrigating, fertilizing. pruning. and other maintenance of all 25 22053 941988 planrings as needed..~my plant that dies must be replaced with another living plant that complies with this article and the approved landscape plan, if any, within 90 days after n9ffica~ion by the cloy. Col Any damage to utili~ lines res~llfing from the negligence of the property. owner or his agents or employee~ in the ir~taHatiOn and main~;enanc~ o[ [equired plant materials in a utili~ easement is ~e responsibili~ o[ the propertw' owner. If a public utili~ disturbs a landscaped area in a uffiiW. easement, it shaft make every reaSOnable effort to preserve the plant material~ and return ~hem to their prior loca~ons after the ufiliW. work. If. none~eless. some plant materials die, it is ~e obligation o[ the property owner to replace the plant materials. ~EC. 51A-10.109 ALTERNATIVE METHODS OF COMPLIANCE. (a) If a property. owner cannot plant in compliance with this article a replacement tree on the lot from which the protected tree was removed. he shall COmply with One of the tl'uree following requir~mex;t$: ' Lll Donate the tree to the d.ty's park and recreation department. LZl Plant the tree on other property, in the city. within one mile of his lot as long as he obtains the written permission of the property owner of the lot where the tree is to be located and the building offidal. (3} Make a payment into a special dry account. to be known as the Refore$tatiOn Fund, in accordance with Sub~;tion (c). ~ Qther property.. If a property. owner obtains oermission t9 plant the replacement tree On Other 'prOperty. in the City, that' Owner Shall enSure that the planting and maintenance of the tree on the other property, complies with the requirements of this article that would otherwise pertain to the planting and maintenance Of the tre~ Qn his pro.verty. (c] Reforestation fund. Lll The park and recreation department shall administer the reforestation band. The funds must be used only for purchasing trees to plant on public property. or acquiring wooded pro.verty. "' L?.I The amount of the pa.vment required is calculated by using the- fOrmUla for appraising the value of a tree, as derived from the most recent edition of the Guide ,br Establishing Values of Trees and Other Planfs published by the 26 22053 941988 Courtall of Tree & Landscape Aooraise~5. unless ano[her publication is desi!~nated by the building official. If raore ~:~an one tree is bein~ rdmov~d or not pl~'nted, the values of the trees are added when calculating the pa,~:nent required SEC. 51A-IO.110 SPECIAL EXCEPTION. ~ The board may ~ant a special exception to the rec~uirements of article upon making a special finding ~om the eviaence presented'tha~. Lll s~rict compliance with the requirements of this article unreasQnably burden the use Of the property; and ~21 the special excevtion will not adversely affect neighboring property. Col In determining whether to ~ant a special exception under SubsectiOrt (a), the board ~hall COnsider the following factors: (1) The extent to which there is resident~aI ad!acency. 'The topo~aphy of the site. (3) The extent tQ whiCh land~aping exists for which no credit is ~ven under this article. ~ The extent tO which other existing or proposed amerdeies will compensate for the reduction of landscaoine. (c~ The board may waive the filing fee for a ~pecial excepC-on under Subsection (a) when the board finds that vavment of the fee would result in financial hardship to the applicant. The applickn~ may either pay the fee and reouest reimbursement as part of his appeal 9r request that the matter be placed on the board's miscellaneous docket for oredetermination. If the matter is v[aced on the miscellaneous docket. the app[ica/tt may not file his appeal until the merits of the request for wiiiver have been determined by the board. Division 51A-10.120 LandScaping. SEC. 51A-10.121 r¢'~ ^ _~ n '~ n,'2 ~ APPLICATION OF ~ [ ^ t,'rrcr (a) This division [ar~:cl'c] does not apply to the following: 27 22053 941988 (1) Property governed by a landscape plan approved by the courtall or the dry plan comn~ission, (2) ~ ~ ....~;-; ....',, ~'~ ~-;' ....~ '~ ~,,-' .... (A) ~e D~s ~ D~ ~laed Developm~t D~ N~. 145 ~ ~4~H/18). (B) ~e Deep EHm/Ne~ East Side D~i~ (Pl~ed Dev~opmene Dis~ No. 269). (~ ~e O~ Lawn $pedaI P~pos¢ Dis~ct Developm~t D~C No. 193). ~(4)] Restoraaon of a b~g at has bea damaged or des~oyed by ~e, ~pl~i~, a~, ~ado, ~ot, aC of ~e p~Hc ~y, or acdd~t of ~y ~d. For p~s of ~ p~a~p~ "r~raaon" me~ ~e a~ of pu~g ba~ ~to a former or o~ s~. ~) O~y ~ 51A-1O.l~fa} Of ~ ~sion applies to IO~ ¢Ontai~g s~gle Family or duplex u~s. ~ ~s division [=~] o~y becom~ applicable to a toe when application is made for a b~g pe~t for co~u~on work ~at wi~ a 24-mon~ pe~od:. , (1) ~eas a ~ of stoH~ ~ a b~ on a Io~ (2) ~eases by more ~a 35 perc~t or 10,000 squ~e feet, wM~ev~ ~ los, ~e ~ed ~r ~ of ~ b~~ on a lo~ or (3) ~ea~s ~e nonpemeable coverage on ~e lot by more ma 2,000 sq~e f~t fd][(c)] ~ ~s division [=Sdc] becomes applicable to a lot, req~em~m ~e b~ ~ a ~t a s~~t o~ of ~e lot. 28 22053 94198 (e) The city council shall, as a minimum, impose landscaping requirements t. tme are reasDnably consismnt witIt the standards and purposes of this division [zr~d~ as a part of any ordinance establishing or amending a planned development district, or grating or mending a specific use permit. (Note: This subsection does not apply to ordinances that merely renew a seecific use permit when no substantive changes are made other than to extend the time limit of the permit.) All landscaping requirements imposed by the city council must be reflected in a ladscape plan that complies in form and conmn~ witit the requirements of Section $1A-10,12~ .......... :- ................ .,j,.-~- Frepcrt'y'. ........... ~ ........... 0 ...... .r (2) ~ '~ "" .....~"' "' """ ": /~'~ "V'l-,,., ,.,,...~,-.,..-,~ ~. ....~..,;,--h l..,.,-,,-h..,--.,...,;...,.. ,-,,,;,.-~,.. g,'~r ...1-t;e..~. nrx.:.~..n,J;~ ;e · ,.~.,,...,,-,,,.,..,.-In, ~-h,'~ n,-,-l;..~,.".r,. ~') ............ '-' ............. ............ o '~"' ,,4, ..... ....................... .r'.r' ....... '1. ..................... ""';~""';~ ....... dor,,kct, m .... ,:,~,,> ....... ,-m,, "~"'~ .......... .... "'t'.r' ........· ............. 29 2205:3 94-1988 SEC. ~ [5!A 10.193.1] ARTIFICIAL LOT DELINEATION. (a) ~__~. If the building site is over two acres in size, the applicant may request that the building official create an artificial lot to satisfy the requirem~rtts of ~ ~ [ar~dc]. The building official shall not create an ar~ifidal lot which wou/d, in his or her opinion, violate the spirit of th~ landscape regulations. Any ~cial lot created by the building offkial mus~. (1) wholly include the area on which the cons~'uc~ion work is to be done; and (2) have an area that does not exceed 50 percent of the area of the building site. (b) In city. parks over five acre. In city parks over ~ve acres in size, the director of park[r,] and recreation may cr6ate an artificial lot to satisfy the requirements of this division[:r~d.~]. Any a_,'tL~ciai lot created by the director of park[~ and recreation must wholly include the a~ea, on Which the construction work ' is to be done. (c) Pla i~ng not required. An artificial lot need not be pla~ted; however, it must be delineated on plans approved by the building offidal prior to the issuance of a building permit. SEC. 51-10.123 [~I-,A~-94-]. LANDSCAPE PLAN SUBMISSION. (a) If this division [----~c] applies to a lot pursuant to Section 51A-10.121 [~!A 19.103], a landscape plan must be submitted to the building of~da, l with the application for a building permit for work on the lot. A landscape 'plan submission must consist Of two blueline or bIacklLne 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 be on a standard drawing sh~t of a size not to exceed 36 inches by 48 inches. A plan which cannot be drawn in its entirety on a 36 inch by 48 inch sheet must be drawn with appropriate match lines on two or more sheets. Co) Any person may prepare the landscape plan required under this division [:.,~_'~:]. Ther~ is no requirement that the plan be prepared by a landscape architect or by a person engaged in .the lanciscape business. --.. (c) A landscape plan required under this ~ [a:~,,kL''] must contain- the following information: 30 22053 9419, (1) Date~ scale, north point, and the names, addresses, and telephone numbers of eachLbet~ ~"'~ property owner and the person preparing the plan. (2) Location of existing boundary lines and dimensions of ~e lot, the zoning classification of the lot, and the zoning dassLfication of adjac.ent properties. A vicinity map should also be attached to or made a part of ~e plan. (3) Approximate centerlines of existing water courses and the location of the [l~yea~ flood plain, the escarpment zone, and geologically similar areas, as those terms are defined in Aztide V. if applicable; the approximate location od signific~r~t 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. (4) Project r~rne, street address, and lot and block description, (b') Location, height, and material ~Df proposed screening and fencing . (with betins to be delineated by one-foot contours). (6) Locations and dimensions of proposed landscape buffer strips. (7) Complete description of plant materials shown on the plan, including names (common and scientific [-~'~-~av~ca~ name), locations, quantities, container or callper sizes at installation, heights, spread, and spacing. The location and type of all existing trees on the lot over six inches in callper must be specifically indicated- (8) Complete description of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to ~e amount (in square feet) of landscape area to be provided internal to parking areas and th~ number and location of required off-street parking and loading spaces. (9) An indication of which protected trees will be removed during construction and how existing healthy trees proposed to be retained will be protected from damage during construction, (10) Size, height, location, and material of proIDos~d seating, lighting, planters, sculptures, and water features- (11) A description of proposed watering methods. (12) Location of visibility triangles on the lot (if applicable). 31 SEC. 51A-10.124 [~1~5,4-~4~ LANDSCAPE PLAN REVIEW. [(a)] The building offidal shall review each landscape plan submitted to determine whefl'ter let ,,,,n it complies with the requirements o[ this division[:r~a]. All landscape plans must comply with the mandatory provisions in Section 5_l~d)2~5!A 19.!06]. In addition, all landscape plans must comply with at least two ~design s~andards" as descn'bed in Section 51A-10.126[r.-~ alto ~ -,-,-~ -,~ .... ~, ~,,~ ,--- ~-,,;-- -,,~-,,~ ...... ~ ..... --~,4,1 The ,sa~e landscape features and elements may be strategically placed so as to comply with more than One proviSiOn [hc!? e:lm, mc:c ~ ....... ' ''~ "";"~'~ (l:or example, the same large ..... ~ "street t~ees" and trees might be located so as to ~D'-.cl~ .... ~cff'.~ _, [,~] "parking lot trees[!?---'.~z~ff'.g].") rr-,^ ,,;.,: ........ ~-~- -,~ ----;--. ....-4~ ~,~ Tf'YT' TrYr' 'T('~?~TT~T(" TATTI"'r,_T I:)I:'~TI'~"'kT'T'T A T TAfT'T'T_T(-~T T'T' D~:~C~TI-~I_-~,T-r~ A T D!STPJCr ^ ~T ^ c",~rcv, ,A_DL, tC'E~__,~Cy' dicLc:cts 32 941988 22053 SEC- 51A-10.125 [5!A-!0.I0~ MANDATORY PROVISIONS. (a) Single family and duplex uses. Except as provided in Section 51A- 10.127, a lot containing a ~ingle family Or duplex use established after May 2% 1994, ll~ust comply with this subsectibn before the final inspection of any building on the lot. The lot must have at least three trees with a callper eq~zi~I to or exceeding two inches. At least two of these trees muSt be lOcated in the front yard. The trees must be spedes listed in Section 51A-10.134(bL The trees may be located in the public right-oi-way provided that all private licensing requirements of the city. code and Charter are met. (hi Other uses. Lots containing a use other than single family or duplex mu~t comply with the following requLremen~: Perimeter_f},/,a:',dato~:] landscape buffer strip. [(!)] A landscape buffer strip must be provided along the entire length of the portion of the perimeter of the lot where a residential adjacency exists, exclusive of driveways and accessways at points of ingress and egress to and from the lot The buffer strip must be at least 10 feet wide, except that: (A) any portion of the buffer strip adjacent to public street frontage need not exceed 10 percent of the lot deF~,k; and (B) ~ny portion of the buffer strip in the front yard and adjacent to the side lot line need not exceed 10 percent of the .lot width- . · rr',~ r,-, ~.~,., ,.;,4,, ..,..,,~ .........4, ,,,c ~ ! """~" 'C,"',L.~g """' ..4 ,..., ~,..., ,-, A ;,-, £c~C._jL,~,~: .... 1..,,..~,+,.-,,4 ,,,.,A,.,.,,- ,,4.,; ........ '1., %.~7 ................................. J ...... J ,.,-,-,-,s--,;,, ,,,.,,,_ ~,. ,-,~n,-~. nl~ ~.I-,,-, ¢,,11,,,,,,4,,~. 33 22053 941988 IT'd% ("%""', 1""-.,""" ,".~n.r,-, l...,-~r, s.....,-, ~--~,-,.,11 !.~.^~. *--,4. n~n ~"J ....... 0 ..... .F'J """"1 ............ t .......... ~,, .-,.,,'n,-,,-,-.,.nn,.-, ~ ,f"l..,,^ I-,.--^ ,...,.,~,,.,-,,,' S--,-~,, ,-....,,, ~..~,.,,11 S.,.,-~-~ -,~1 ka,-n ~.~ [~)] Screening of off-street loading spaces. [(-~] ~ oE-street load;rag spaces o. a lo~ .,~rith residential adjace~c~ ~.st be screened r~om t~t ~es~de~t~al adjace~o/. CB) [/~a~] In all districts except CS and indust~! districts, all off-street loading spaces on a lot must be screened from all Fnablic streets adjacent to that lot. LCl [(3)3 The screening required under maLl:z[lz]aragraphs (A) [(!)] and (B] [(2)] 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 descrfl~d. in Section 51A4.602(b)(3). (3) Site trees. One tree havine a caliver of at least two inches must be provided for each 4.000 square feet of lot area. or fraction thereof, with a minimum of four trees being provkied. (4~ street trees. A large tree must be provided for each 50 feet of frontage, with a minimum of two trees being pr0vide~i. These trees must be located within 30 feet of the prcq.'ected street cla~. The trees may be located in the public right-of-way provided that al! private licensing rea2,irerr~ents of the city. code and charter are met. For purposes of this para_m-aph, "pr~ected street curb" means the future location of the street curb consistent with the city. thoroughfare plan as determined by the director of public works and trans~x~rtation. (FI Parking lot trees. No required parking space may be located more than 120 feet from the trunk of a large canopy tree. Each tree must have a 34 22053 94-J, ga caliper of at least two inches and may not be olanted closer than two and onerhalf feet to the paved portion of the parking lot. f(L1 Minimum sizes. E×ceot as provided in Subs~:fions and COWS) of this section. plant materials used to satisfy the requirements of [his division must Comply with the fOllOwing minimum Size requirements at the time of installation: (A~ Large trees must have a .minimum callper Of three inches, or a minimum height of six feet. depend/rig on the standard measuring techrdque for the s.vecies. (B) Small tr~s must have a minimum height of six feet. (C~ Large evergreen shrubs must have a minimum height of · For pu~.oses Of this para~aph, ~height" is measured from the top of the root ball or, if the olant is in a conta/ner, from the soil level in the container. (7] Buffer plant materialS. A landscape buffer strip provided to comply with ~is section or ,Section 51A-10.126 must contain one of the following groups of plant materials at a minimum average density. of one ~oup for each 50 linear feet Of the buffer strip; (_A~ One Iarge canopy tree and one large non-canopy tree. (B) One large canopy tree and three small trees. (Q One Large canopy tree and three large evergreen shrubs. (D) One large canopy tree. two small trees. and one large ever~een shrub. One large canopy tree, one small tree. and two [arge evergreen. ShrubS. Two t~rge non-canopy trees- 35 22055 9~gs.S 36 .. 2205] 941988 (~--)-' Thc building cff:.ci=! may ;'Jzi:'c the mini~,'Jm soil ..... ~ .......... 5artlets. ....... l .............. (2) SEC. 51A,10.126[SIA 10.107] DESIGN STANDARDS. , An applicant shall comply with at least two of the following desigTt standards: (I)] Enhanced perimeter[Er~,ar.c:'ng .m, andatcr:-'] buffers, An applicant may QnhanCe the perimeter [ea~. FcL'?,: "-'~" ~"~h~'~'~'"' a "'~"'~¢'"~' landscape buffer strip 1:o i] minimum averase width e~ual to or ereater than 15 feet r,.;,.,+ ;, rcvldcd ~,^.- ~ ~_..~ ,,-,,-,,-~-~ ,.,~: ,-~ ....'~- of Co) 5rdtr rT,-, rtnx =,-,h-,,,,-; ..... t,,,+ ....m eet buffers- if nc '""~""' ~**=~' ~";"; ......;-'-~ ~ A__[a-ln applkant may provide [ca~. Fck~tc ,,,~-~-~- ~'; ....~'~"'~"'- ~' ....~"-"'-:-""'~ [ y] dscape buffer strip along public .................... 2 ....... oa a ;'c!u,ntar Jan street frontage. The r,,,h,,+, ,~q landscape buffer strip must k ........ l J 37 2205 5 94 ~9s8 (1) [(A)] be provided along the entire adjacent public street fron, tage, exclusive of chiveways and accessways at points of ing-ress and egress to the lot; and " (2) [~)-] have a minimum width of 10 feet or 10 percent of the lot depth, whichever is less. 38 22053 9419 39 22057 (C)l [~)] Screening of off-street parking. rt~ ~ avvlicant may provide scree~g for ~ p~g lo~ on ~e b~g site or a~d~ lot, w~ever is applicable, ~om aH adjacent public s~eets ~ accordance wi~ ~e foHow~g p~a~ap~. (1l[~)1 The. screening must be voluntary (not required by ordinance). ,.. (2) [(~)1 The screening must extend along the entire street frontage of the parking-lot, exclusive of:. (A) driveways and acces,~w. ays at points of ingress and egress to and from the lot; and · (B) visibility triangles. ~ [(~)1 The screening must be at least three feet in height. (4) [(5)] Underground parIcing is considered to be screened for purposes of this subsection, [(c) P;r?&--.g let !and~aFLn~. ,nf...~.-..-4 ,.-,.-, ,-.T,.;.-, -- ;,-,-- s4.,,, 1-,. ,,ll ,-l b., ,-, (4)- Fcr F,z:"F~.v,,_~ cf ~,!r., s:.:b~cScv,, ~.h,, '~rl_¢,-,,,,l- ...;A.. i~.=..'2Jiat.-!" ~'~; ...., ,., ,h ......A -.-,.-~,,_ ,,; j ----j---,-'-- -w.~--- 1" .... f"""""' ....... .... 40- 41 22053 941988 ............. ,.., ........... ~ ................... J ,.,,.~,-,,,.., k1-,,,.,_ ~.,.,-.~,, ,,I;,~, ,..,,,- ;,.. .,..,.,,.-.I-,,..~,',1' TAr!-,,,,.., ,...,.,,,4;,,.~ ~,-,.-. I,,,.+ .,,,.11 ,-~., ., ;..,-^-..I +-?n,..~- .,.,,,-,+. (d) rt~ Enhanced vehicular Davemerit [ma,~cr:'aP, An applicant may t~,'/J , ' provide enhanced oavement. This oavement must be u^x l~:.:'c "-';"~' ~c ...... ";"~ ::'b. an] at least 25 percent of an outdoor vehicular pavement area on the lot ^, : .nncc_ ........., The same pavement cannot satisfy. both Subsections fd~ and re1. [~. ~-~ '~'^ "-+ .... ;"' ~ ...... ~"" ~"~' .... '~ ........ + ~ (Note.:. ' AI1 vehicular pavement must comply with the construction and maintenance provisions ~or off-street parking in this chapter.) (e) Permeable vehicular pavement. An avoNcant may orovide permeable enhanced pavement. This pavement must be at 'l~ast 2~ percent Of all Outdoor vehicular pavement on the lot. The same vavement cannot satisfy. both ~ubsections (d~ and (eL (Note: All vehicular pavement must comply with the consh-uction and maintenance prOvi~iOn~ for Off-street parkin~ in this chapter.) (f) [/~)] Pedestrian facilities. An applicant may provide [Or.c FcLn~- i~- ...... .~^,~ ,: .....+, ......... .; ..... ~ ,..,,c ,,,+ ..........."~"'~ pubHdy accessible .................. t' ............................... JJ spedal pedes~an ~aciTities and features such as plazas, covered walkways, ~ountaim, lakes and poncis, s~atir~ axeas, and outdGo~ recreation ~a~lities[, ,~ ~ .... :-~ These fa~H~e5 and fea~'ures must occuvv at least five vercent of the lot area. Lgi Foundation planting-strip. An applicant may plant large shrubs along .... the foundation of the main building. The planting area for the shrubs must be a minimum of three feet in width and extend alon~ at least 50 percent of the vortion - of the foundation that face5 a $treet. The shrubS'must be spaced no more than six. feet avart measured from trunk to trunk. 42 · ' 2205, 94z9 (h) Understory preservation. The aoolicant may oreserve .existing healthey understory. The preserved understory must'&:cupy at l~a'st five percent of the IQj: area. ELl Enhanced pedestrian walkways. The applicant may provide enhanced pedestrian walkwayS. The~e walkways must consist Of enha.n, ced, p. avemen_t intended for pedestrian use and occupy at least five percent of the lot. SE.C- 51A-10.127 [SlA I0. I03,~]. WHEN LANDSCAPING MUST BE COMiPLETED. (a) Except as otherwise provided in Subsection (b), all landscaping must be completed [L"'- ....................... F- P before the final inspection of any building on the lot- If there is an armroved landscave plan for the lot. the landscaping must comply with that plan befo~d the final ins.r~6n, (b) If the property owner provides the building offidai with documented' assurance that the landscaping will be completed within six months, the building offidal may permit the property owner to complete his landscaping during the six-month period. For purposes of this subsection, "documented assurance" means: 43 . 22053 9 ::Lsa8 (1) a copy of a valid contract to insi-~ll the landscaping in accordance with the landscape plan within the six-month period; or (2) a set of deed restrictions containing a covenant to lastall the landscaping in accordance with the l.a.ndsCa. pe plan within the six-month period. The deed restrictions must: (A) expressly provide that they may be enforced by the dty of Dallas; (B). be approved as to form .by the dry attorney; and (C") be filed in the deed records of the county in which the land is locate& (c) If, at the end of the six-month period, the landscaping has not been installed in accordance with the landscape plan, the owner of the property is liable to the dty for a dvil penalty in the amount of $20.0 a day for each calertclar day ° thereafter until the landscaping is properly installed. The building offidal shall give written notice to the property owner of the amount owed to the dty in dvil penalties, and shall notify the city attorney of any unpaid dvil penalty. The dty attorney sl-ml] collect unpaid dvil iznalties in a suit on the dty's behalf. (d) The dvil penalty provided for in Subsection (c) is in addition to any other enforcement remedies the dty may have under dty ordinances and. state law. [5'EC. 5!A-!0.!09,. CE.~,rEP. AL ......................... ,.L,.:.., ............,. ............ ......o, ............. J l' ..................r' ....................D r' A.,,, ,~,-,,~,,, ,,, ,.4.;~;~. :;..,,,; ,-,-.--.n4,,,- ;--,---, ,,-,, :,,c-li--:ncc -,~ · '~"" .............. """ cffcrt to Frccev/e """ '--'-~ ....... 4."-~"" ""~ rct'--"r, ~,cm to .......... J ............... ~ 44 - 22053 9-4],988 Division 51A-10.130 Tree Preservation. SEC. 51A-10.13l APPLICATION OF DIVISION. This division applies to all property, in the ci.ty' except for. [a') lots smaller than two acres in size that COntain ~ingle family Or duplex (b~ 10ts in a planned development district with landscaping and treo preservation reg'ulations that vary. appreciably from Article X, as determined by building official. SEC. 51A-10.132 TREE REMOVAL REVIEW. (a) When a tree removal application is required. A tree remov/ll application must be approved in accordance with this sc~l'ion before a vetson may remove a protected tre~ from a lot. (b) Application for review. An application required under this section must be filed with the b~tilding official on a form furnished by the city. for that purpose. The application must include the followin~ (!~ The name. addreis, telephone number, and Signature of the applicant. If the applicant is not the owner of the lot. he shall submit a letter from the owner authorizin~ him to act on the owner's behalf. ~ The name, address. and telephone number of each owner of the tot. (3) The street address of the lot. (4) A tree survey that $how~ the lOcatiOn, ¢aliper. and name (both common and scientific) of all trees on the lot (trees in close proximity. that all have a caliper of less than ei_mht inches may be desi_L,,nated as a "~oup of trees" with ordv the number noted). The survey dOe~ not. have to be prepared by a re~stered surveyor. architect. or landscape architect. Trees not orovosed for removal or located within 50 feet of proposed construction activity. rleed not be shown on the survey unleS~ the building official determine~ it would help evaluation of the application. 45 22053 (5) Any other reasonable and pertinent information tfiat the building offidal determines to be necessary. for review. $EC. 51A-10.1;~,~ DECISION OF THE BUILDING QFFICIAL. (a) Form of decision. Uvon-the filing of a complete tree remov~l application, the building offidal shall make a deCiSiOn regarding the application within 30 calendar days of the filin~ date. That derision must take one of three Forms: (1) Approval. no conditions. (2) ApprOval, sub!ect to cOnditiOns noted. (b) Failure to decide. If the bu{lding oificial fails to make a derision regarding the application within 30 calendar days of the fling date. the application is considered to be approved sub!ect to compliance with ~I1 applicable dty codes, ordinances. rules. and reg-ulations. (c) InCOmplete applications. The time periods in this section do not be =~irt to run until the avolicant provides aH of the information reauired in Section 51A- 10.132Cb). l.n cases where the building offidal requests additional information within 10 qalendar days of the filing date. the H~me periods in this section do not be~L/lrt to run until the applicant provides the additional information. (d) Tree removal standards. The building Official ~h~lI' day a tree removal application if the removal is not in the oublic interest. This derision must be based on the following factors: Lll The feasibility. of relecatlng a vrooosed improvement that would ce~.uire the removal. The cost of preserving the tree. (31 Wheti~er the lot would Comply with this article' after-th~ removal. Whether the removal is Contrary tO the public health, safety., welfare. 46 .- 22053 941988 (5) The impact of the removal on the urban and natural ~nvironmen~. ~51 Whether an economically viable use of the property will exist if the application is denied. /{ZI Whether the tree is worthy of oreservation, (8). Whether the tree is diseased. (91 The effect' of the removal on erosion, soil moisture retention, flow Of Surface waters, and drainage systems. (10'l The need for buffering of res/dential areas ~rom the noise. glare. and visual effects of nonresidential u.se$. (11~ Whether a landscape p[~a'x has been approved by the board of adjUstmene, dry plan commission, Or city COtmCil.. ~ Whether the tree interferes with a utility service. (13) Whether the tree is near existing or proposed structures. (14) Whether the proposed miti_kration for tree removal i~ suf~dent. Notwithstanding the above. the bulkling official shall =o-rant a tree removal application when the proposed removal is necessary to allow the cOnstruCtiOn of improvements in accordance with a building permit. (e} Written denial. If the building official denies a tree' removal application under this section. he shall state in writing the specific reasons for denial. t[1 Approval sub!ect to conditionS noted. As an alternative to denial of a tree removal application under Subsection (d), the building offidal may approve the application sti6iect to conditions noted if COmpliance' with all cOnditiOns will eliminate what would otherwise constitute trrounds for denial. If the building Official approves the application sub!ect to con~iitions noted. he shall state in writing the Specific req~rem_ents _to be .,met before approval of the ap_plkation. An avolication aDoroved sub!ect to conditions noted shall not be considered as finally a'pproved. Cr~til all conditions are met and the building of~dal approves the application with nO conditions, the application approved subiect to conditions shall be deemed denied. ~7 941988 22053 MITIGATION OF TREE REMOVAL If the tree removal application is approved. one or more replacement trees must be planted in accordance with the following reauirements: f~ Ouantity. The replacement tree(s) must e.qual. in caliver. the caliper (ff the protected tree(s~ r~nlgVed. ~ Species. A revlacement tree must be one of the following trees: APPROVED REPLACEMENT TREES SCIENTIFIC NAME COMMON NAME Acer barbatum var. 'Caddo' ~ , Acer ~andidCntatum Bi~oo_th Maple Acer buergeriallum Trident Maple Bumella lanu~inosa Chittamwood or Gum Bumeli~ Carya i11in~r~i~ P~;an Cercis canaden,sis Redbud Chiloosis lineads Desert Willow Diosp.vros rexaria Texas Persimmon Diospyros virginiana [male only1 Common or American Persimmon Fraxinus americana ~ Fraxinus texensis T~xas Ash Gymnoctadus dioicus Kentucky Coffeetree IL~s_~[.~:i~t.~J Possumhaw or Deciduous Holly ]]ex vomitoda Y;~xpon Holly luglans microcarpa Texas Black Walnut !uniperus ashei /L~e,.2nIlip.~ Tuniperu~ virginiana 'Eastern Red Cedar Liquidambar s,tyrad~ua ~ Mag~nolia ~ralldiflgra Southern Ma~nolia ~ Eldarica. MondeLl. or Mghan Pine P~ Austrian or Black Pine Pinus thunber~ii laoanese Black Pine Pistada ~hinCr~i$ C~Yinese Pistachio ., Prosopis gtandulosa ~ Prunus mexicana Mexican Plum Ouercu~ d~,trandii ~ Ouercus fusiformis Escarpment Live Oak Ouercus macrocarpa l~ur Oak 48 " 22053 941988 Ouercus muhlenber~L,4i Chinkapin Oak Ouer~us shumardii Shumard OuerQ,Ls virFiniana Live Oak Saoindus drummondii Western Soaoberrv SoDhora a[finis Eve's Necklace TaxOdium ascendens FOnd C.vpref-~ Taxodium distichl~m ~ ' Ulmus crassifolia Ulmus parvffolia .LaCebark Elm Viburnum rufidulum Rus~ Blackhaw ~ Location. The replacement tree(s] must be planted on the lot from which the protected tree was removed. N'o replacement tree may be planted within a visibility, triangle. a water course. or an existing or proposed street or alley. (d} Minimum ~ize. A replacement tree m,uSt have a Callper Of at least two inches. Timing. Lll Except as otherwise provided in Para~aph (2~. all replacement trees must be planted within $0 days a~ter the removal of the protected tree(s). ~ll If the property. owner Drovides the building official with an affidavit that all replacement trees will be planted within ~ix toOntiS, the building offidal may permit the property. owner to olant the reDlacement trees during the six- month period. (3] A replacement tree that die~ within two years of the date it was planted must be replaced by another replacement tree that complies with this subsectiOn. SEC. 51A-10.135 RETE~QN OF PRQTECTED TREES. Wl'tere an aDulicant plans to retain protected trees on a site to be developed. the followin~ reqt{i~ement~ mzlst be met: (a) Tree ~ag=o~ng. All protected trees must be flagged with colored vinyl tape wrapped around the main trunk at a height of at least four feet 50 as to be visible to workers on foot or driving equipment. 49 22053 (b) Protective fencing. A protected tree that is within 50 feet of construction or construction access must have protective fencing. This fencing must completely enclose the drip line of the tree tmtil COnstruCtion iS completed. During construction. no excess soil. additional fill, equipment.-liquids. or construction debris may be placed irkside the protective barrier. nor may any soil be removed from within the barrier. For purpOSeS 9f this subsection. "drip line" means a vertical line that runs from the outermost portion of the crown of a tree to -SEC. 51A-10.136 CRIMTNAL RESPONSIBILITY. A verson is criminally resvonsible for a violation of this division if the verson: '-~ 'z.. (a) removes. or assists in the removal of. a orotected tree without complying with the requirements of this division: or ~ owns oart or all of the land where the ~olatiort occurs.. $EC. 51A-10.137 NOTICE OF VIOLATION. Before i~uing a dtation for' a violation Of thi~ division. the building official shall ~ve a writ-ten notice to the person(s) criminaHy respons~Ie. The notice must spedfy the location of the offense and the corrective measures reauired as well as require compliance within 30 days after service Of the notice- The notice must be ~erved either personally or by certified mail. The building Official may not issue the citation within the 30-day period or after the 30-day period if the violation was Corrected wittin the 30-day period. SEC. 51A-10.13$ APPEALS. In considering an appeal from a derision of the building offidal made in the enforcement; Of this division, the sole issue before the board Of adjuStment Shall be whether or not the building offidal erred in his or her decisior~. The board shall consider the same standards that the building offidal was re~2,ired tO consider in making the deriSiOn. SEC. 51A-10.139 EiI2Ef A person convicted of violating this division shall be sub!ect to a fine of not less than $400.00. 50 " 2205, 94.[.988 SEC. 51A-10,140 DEFENSES TO PROSECUTION. It; iS a defense t0 prosecution under Section ~1A-10.136 of this division that the act is included in one of the enumerated cateeories listed in this section. No approval of a tree removal application {s reaJ~{red i/the tree: (i~) was dead and the death was not caused bv an intentional or negligent act of the owner or an agent of the owner; ~ had a disease or in!ury. that threatened the life of the tree and was not caused bv an intentional act Of the Owner Or an agent of the owner; (d was in dan~er of falling or had oartiallv fallen and the dan~er or the fall was not due to an inten~onal aCt of the ownar or ari. agent of the owner:, (d) was in a vis~ility. triangle (unless the owner was legally required to maintain the tree there) or ObStructed a traffic sign~ (el interfered with service vrovided by a public utility within a pul~lic gght-of-way; LCI threatened public health or safer, ~s determined bv one of the following dty (1) the chief of the police department: L!I the chief of the fire devartment: {2o_1 .the director Of public works and tranSpOrtation: ~ the director of streets. sanitation. and code enforcement services: ~ the director of park and recreation: ~ was deaLtreated for removal in a landscave olan aooroved by the dty coundl, dry plan commission, or board of ad!ustment:' (hi interfered with construction or maintenance of a. public utility.; 51 2205 3 94 9'ss (i) was removed to allow construction. including the operation of construction equipment in a normal manner, in accordance with infrastructure en_t~xneering plans approved under Article V ot~ Chapter 49 or Section 51A-8.404; ~)r [il was r~m~ved to allow cort~truqtion of improvements in aqcorclanCe with a building pert[tit.~ SECTION 2.5. That Subsection (i), "Off-Street Parking Spedal Exception," of Section 51A-4.301, "Off-Street Parking F, egul},tiorks," of Division 5LA-4.300, "Off- Street parking and Loading Re~,~/ation," of Article iV, ~'Zoning Regu/ations,' of CHAFFER 51A, "PART rr OF THE DALLAS DEVELOPMENT CO6E,' of the Dallas City Code, as amended, is repealecL SECTION 26. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not .to exceed $2,000. SECTION 27. That CHAPTERS 51 and 51A of the Dallas City Code, as amended, shall remain in full force and effect, save and except as amenc~ed by this ordinance. SECTION 28. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAFI'EK'I of the Dallas City Code, as amended. SECTION 29. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. 52 .i.-' 2205 ] 941988 APPROVED AS TO FORM: SA~M A. [jNDSAY, City Attorney Assistant City Attorney Passed 'MAY 25 1994 940417/pr 53