(a) General provisions.
(1) Purpose. The purpose of the PD is to provide flexibility in the planning and construction of development projects by allowing a combination of land uses developed under a uniform plan that protects contiguous land uses and preserves significant natural features.
(2) Uses. A PD may contain any use or combination of uses listed in Division 51A-4.200. The uses permitted in a PD must be listed in the ordinance establishing the district.
(3) Signs. An ordinance establishing or amending a PD may not authorize the erection, relocation, or alteration of a detached non-premise sign. A special provision sign district must be established to authorize the erection, relocation, or alteration of a detached non-premise sign. For more information regarding special provision sign districts, see Division 51A-7.500.
(4) Mandatory regulations. The ordinance establishing a PD must specify regulations governing building height, floor area, lot area, lot coverage, density, yards, off-street parking and loading, environmental performance standards, signs, landscaping, and streets and alleys. The following table may be used as a general guide in establishing these regulations:
General Guidelines for Establishing PD Regulations
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GENERAL USE CATEGORY
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ZONING DISTRICT
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General Guidelines for Establishing PD Regulations
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GENERAL USE CATEGORY
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ZONING DISTRICT
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Single family | TH-3(A)* |
Multifamily | MF-3(A) |
Retail | CR |
Office | MO-1 |
Commercial | CS |
Industrial | IR |
*If platted lots for a single family use have a minimum width of 30 feet at the front property line, then one parking space is required. | |
(5) Codification. The regulations of each PD ordinance shall be codified in Chapter 51P. The conditions in the PD ordinance and the development plan, landscape plan, or conceptual plan are conditions that must be complied with before a certificate of occupancy may be granted.
(6) Applicable regulations.
(A) For PDs created on or after March 1, 1987, the regulations in this chapter control unless they are expressly altered by a PD ordinance in accordance with this section. The general guidelines in Subsection (a)(4) control if the PD ordinance does not enumerate the regulations governing building height, floor area, lot area, lot coverage, density, yards, off-street parking and loading, environmental performance standards, signs, landscaping, and streets and alleys.
(B) For PDs created prior to March 1, 1987, the regulations of Chapter 51 control unless they are expressly altered by a PD ordinance in accordance with this section. The general guidelines below control if the PD ordinance does not enumerate the regulations governing building height, floor area, lot area, lot coverage, density, yards, off-street parking and loading, environmental performance standards, signs, landscaping, and streets and alleys.
GENERAL USE CATEGORY
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ZONING DISTRICT
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Single family | H-4* |
Multiple-family | MF-3 |
Retail | GR |
Office | MO |
Commercial and Industrial | I-1 |
*If platted lots for a single family use have a minimum width of 30 feet at the front property line, then one parking space is required. | |
(C) Some provisions of Chapter 51 have been amended to refer to the parallel provisions in Chapter 51A. This type of amendment has been made to every extent possible in order to make interpretation and application of the code more consistent and simpler. The amendment process is referred to as “call-forwarding the provisions of Chapter 51” because the amendment incorporates by reference into Chapter 51 the corresponding language in Chapter 51A as it exists on the date of amendment and as it may be amended in the future. The following apply when interpreting call-forwarded provisions of Chapter 51 for planned development districts created under Chapter 51 of the Dallas City Code.
(i) If a call-forwarded provision contains a cross-reference in Chapter 51A to another section in Chapter 51A, the cross-reference should be read to apply to the parallel provisions in Chapter 51.
-- For example, the sexually oriented business regulations in Section 51-4.221 have been call-forwarded. Within those regulations, there is a reference to Section 51A-4.217, the accessory use regulations in Chapter 51A. When applying these regulations to a Chapter 51 planned development district, reference should be made to Section 51-4.217, the accessory use regulations in Chapter 51.
-- Similarly, Section 51-4.324 has been call-forwarded. Section 51-4.324(b)(1) refers to “residential districts.” The definition of “residential districts” is located in Section 51A-2.102(119), but the definition makes reference to only Chapter 51A districts. When applying Section 51A-4.324(b)(1) to a Chapter 51 planned development district, reference should be made to the definition of “residential districts” in Chapter 51, which is provided in Section 51-2.102(104).
The building official shall determine the parallel provision in Chapter 51 when applying a call-forwarded regulation.
(ii) If a call-forwarded provision contains a reference to “this chapter,” Chapter 51 should also be included in its application. If a call-forwarded provision contains a reference to “this section” or another internal cross reference, and the regulation referenced has not been call-forwarded, the parallel provision in Chapter 51 applies. The building official shall determine the parallel cross-reference in Chapter 51 when applying a call-forwarded regulation.
(iii) If a district category is referenced in a call-forwarded provision, that district category, as defined in Chapter 51, should be included in the application of the regulation. For example, if a regulation has been call-forwarded, and the corresponding regulation in Chapter 51A applies to “industrial districts,” the regulation applies to the Industrial-1, Industrial-2, and Industrial-3 districts when applied to a Chapter 51 planned development district. The building official shall determine the parallel district category in Chapter 51 when applying a call-forwarded regulation.
(iv) If a use category is referenced in a call-forwarded provision, that use category, as defined in Chapter 51, should be included in the application of the regulation. For example, if a regulation has been call-forwarded, and the corresponding regulation in Chapter 51A applies to “transportation uses,” the regulation also applies to the transportation uses contained in Chapter 51 when applied to a Chapter 51 planned development district. The building official shall determine the parallel use category in Chapter 51 when applying a call-forwarded regulation.
(v) The general guidelines below control if a provision of Chapter 51 has been call-forwarded to the parallel provision in Chapter 51A, and the regulation in Chapter 51A refers only to a Chapter 51A zoning classification in its application.
CHAPTER 51 ZONING | CHAPTER 51A ZONING |
CHAPTER 51 ZONING | CHAPTER 51A ZONING |
A | A(A) |
R-1ac | R-1ac(A) |
R-1/2ac | R-1/2ac(A) |
R-16 | R-16(A) |
R-13 | R-13(A) |
R-10 | R-10(A) |
R-7.5 | R-7.5(A) |
R-5 | R-5(A) |
D | D(A) |
TH-1 | TH-1(A) |
TH-2 | TH-2(A) |
TH-3 | TH-3(A) |
TH-4 | TH-3(A) |
MF-1 | MF-1(A) |
MF-2 | MF-2(A) |
MF-3 | MF-3(A) |
MF-4 | MF-4(A) |
MH | MH(A) |
NO | NO(A) |
LO | LO(A) |
MO | MO(A) |
GO | GO(A) |
NS | NS(A) |
SC | CR |
GR | RR |
HC | CS |
I-1 | LI |
I-2 | IR |
I-3 | IM |
CA-1 | CA-1(A) |
CA-1-CP | CA-1(A)-CP |
CA-1-SP | CA-1(A)-SP |
CA-2 | CA-2(A) |
P | P(A) |
(7) Subdistricts. For purposes of determining the applicability of regulations in this chapter triggered by adjacency or proximity to another zoning district, any identifiable portion of a PD governed by a distinct set of use regulations is treated as though it were a separate zoning district. If the PD or a portion of the PD is limited to those uses permitted in an expressly stated zoning district, the PD or portion of the PD is treated as though it were that expressly stated zoning district; otherwise it is treated as though it were:
(A) a TH-3(A) zoning district if it is restricted to single family and/or duplex uses;
(B) an MF-2(A) zoning district if it is restricted to residential uses not exceeding 36 feet in height and allows multifamily uses;
(C) an MF-3(A) zoning district if it is restricted to residential uses and allows multifamily uses exceeding 36 feet in height; or
(D) a nonresidential zoning district if it allows a nonresidential use.
(8) Residential proximity slope.
(A) The residential proximity slope defined in Section 51A-4.412 governs development in a PD only to the extent set forth in the height regulations of the PD ordinance.
(B) Pursuant to Resolution No. 87-2319, the city council may authorize exceptions to the residential proximity slope by establishing PD’s in high-intensity commercial growth nodes, as described in the city’s growth policy plan, in order to accomplish objectives such as transit ridership or residential development, or to achieve other economic or development objectives.
(b) PD preapplication conference.
(1) An applicant for a PD shall request a preapplication conference with the director.
(2) At the preapplication conference, the applicant shall provide a sketch plan that includes, but is not limited to, the following information: proposed land uses, density, approximate gross square footage of nonresidential uses, access, projected height, topography, and significant environmental features.
(3) Based on the information provided by the applicant, the director shall:
(A) provide initial comments concerning the merits of the proposed development;
(B) state what information must be provided in the site plan application for a complete review of the proposed development; and
(C) provide any other information necessary to aid the applicant in the preparation of the site plan application.
(c) PD application procedure.
(1) The applicant for a PD shall comply with the zoning amendment procedure for a change in the zoning district classification.
(2) At the time of applying for a change in zoning district classification, an applicant shall submit:
(A) a site analysis in accordance with Subsection (d); and
(B) a development plan in accordance with Subsection (e).
(3) The applicant may initially submit a conceptual plan in accordance with Subsection (f) instead of a development plan if the conceptual plan provides sufficient information for the city plan commission and city council to act on the PD application. If the applicant initially submits a conceptual plan, the applicant shall submit a complete development plan that complies with the conceptual plan and the conditions of the PD ordinance, and that must be approved by the city plan commission before the issuance of a building permit. If the city plan commission disapproves the development plan, the applicant may appeal the decision to the city council.
(4) An applicant may also be required to submit a development schedule in accordance with Subsection (g).
(d) Site analysis.
(1) The site analysis must be prepared on a topography base map with one-foot, two-foot, or five-foot contour intervals, and must describe existing natural features and physical improvements by including the following items:
(A) Location of flood plains, water bodies, creeks, marshes, drainage areas, trees near proposed construction activity (including caliper, common name, and scientific name [trees in close proximity that all have a caliper of less than eight inches may be designated as a “group of trees” with only the number noted]), rock outcroppings, important view corridors of scenic vistas and skylines, and any other significant natural features.
(B) Location, identification, and dimensions of all existing public and private easements.
(C) Location of major utility trunk lines and future tie-ins.
(D) Identification of land uses, cemeteries, and historic landmarks on and adjacent to the site.
(E) Location of existing structures within the site and the improvements to be retained.
(F) A site location map on a smaller scale showing major circulation routes and other landmarks that would aid in the location of the site.
(2) If the director determines that the site analysis or one or more of the items listed in Paragraph (1) is not necessary to allow for a complete review of the proposed development, the director shall waive the requirement that the site analysis or the item(s) be provided. In making this determination, the director shall consider the existing topography, conditions, and natural features of the site.
(e) Development plan.
(1) The development plan may be on a single drawing and must clearly indicate:
(A) any proposed public or private streets and alleys;
(B) building sites;
(C) areas proposed for dedication or reserved as parks, open space, parkways, playgrounds, utility and garbage easements, school sites, street widenings, or street changes;
(D) the points of ingress and egress from existing public streets;
(E) an accurate survey of the boundaries of the site;
(F) topography of the site with one-foot, two-foot, or five-foot contour intervals, or spot grades where relief is limited;
(G) location of proposed land uses;
(H) the location of buildings and the minimum distance between buildings and between buildings and property lines, street and alley rights-of-way, and private streets;
(I) the arrangement of off-street parking and loading. This may be indicated as a ratio of off-street parking and loading area to building area if all off-street parking and loading areas are indicated for the site and there is an example that demonstrates a common feasible method of providing the off-street parking and loading;
(J) indication of any special traffic regulation facilities proposed or required;
(K) screening, landscaping, and major tree groupings to be retained if this information is essential to the proper arrangement of the development in relation to adjacent property and internal land uses;
(L) location of cemeteries and historic landmarks;
(M) location of flood plains, water bodies, creeks, marshes, drainage areas, conservation areas, tree groupings, and any other significant natural features to be preserved during development;
(N) location of all major natural or man-made surface drainage features; and
(O) indication of each phase of development if separate phases are proposed.
(2) If the director determines that the items in Subparagraphs (F), (G), (J), or (O) are not necessary to allow for a complete review of the proposed development, the director shall waive the requirement that the item(s) be provided. In making this determination, the director shall consider the existing conditions of the property and the extent of the changes necessitated by the proposed development. The director shall notify the city plan commission of any items that have been waived.
(3) The city plan commission may require elevations and perspective drawings for buildings more than 12 feet in height that are not to be used for single family or duplex uses.
(4) The applicant shall submit a legal instrument establishing a plan for the use and permanent maintenance of any area or lot that is to be entirely devoted to open space that is not part of a building site before the development plan may be approved. The legal instrument must be approved by the city attorney as to legal form, and by the city plan commission as to the suitability for the proposed use of the open space.
(f) Conceptual plan. The conceptual plan must indicate:
(1) topography of the site with one-foot, two-foot, or five-foot contour intervals, or spot grades where relief is limited;
(2) location of significant natural features to be preserved during development;
(3) location of cemeteries and historic landmarks;
(4) the location of all land use areas showing the gross acreage for each use or category of use, maximum lot coverage, net residential densities, floor area ratio for each use or category of use, and the approximate floor area for all nonresidential uses;
(5) delineation of all undeveloped areas to be conserved as open space;
(6) identification of all areas to be dedicated to the city and areas designated as common areas;
(7) indication of maximum heights for all structures in feet and stories;
(8) location of required screening and buffer areas between the site and adjacent property and between land uses within the site;
(9) location of minimum building setbacks along the site boundaries, on dedicated streets, and between residential and nonresidential uses;
(10) identification of major access points and rights-of-way to be dedicated to the city; and
(11) indication of each phase of development if separate phases are proposed.
(g) Development schedule.
(1) The applicant for a PD shall, if the applicant desires or the city plan commission or city council requires, submit a development schedule indicating the date on which construction is to begin and the rate of development until completion. A city council approved development schedule must be included in the ordinance establishing the PD.
(2) If the applicant fails to meet the development schedule, the commission may call a public hearing to determine the proper zoning district classification for all or part of the PD.
(3) The applicant may apply to the city plan commission for an extension of the development schedule. If the city plan commission denies the extension, the applicant may appeal the decision to the city council.
(4) When a development schedule extends for more than one year, the building official shall annually report to the city plan commission the actual development in the PD compared with the development schedule.
(h) Amendments to the development plan.
(1) Purpose and scope. The minor amendment process allows flexibility as necessary to meet the contingencies of development. Amendments that do not qualify as minor amendments must be processed as a zoning amendment. Minor amendments are limited to minor changes in the development plan that otherwise comply with the PD ordinance and do not:
(A) alter the basic relationship of the proposed development to adjacent property;
(B) increase a height shown on the original development plan by more than 10 percent or 12 feet, whichever is less, provided there is no increase in the number of habitable stories or parking levels above grade;
(C) decrease the amount of off-street parking spaces shown on the original development plan so as to create a traffic hazard or traffic congestion or fail to provide adequate parking; or
(D) reduce building setbacks at the boundary of the site shown on the original development plan.
(2) Determination of procedure. Upon receipt of an application, the director shall determine if the proposed amendments are minor amendments and, if so, whether the proposed amendments are to be reviewed under the director procedure, the city plan commission procedure, or the public notice procedure.
(A) Director procedure. The director may forward any application to the city plan commission for review. The director may, however, approve minor amendments to a development plan without the notification described in Section 51A-1.105(k) if:
(i) the purpose of the amendment is to bring the request area into compliance with screening requirements; or
(ii) the proposed development plan:
(aa) does not have residential adjacency;
(bb) does not increase enclosed floor area from that allowed on the original develop ment plan;
(cc) does not increase structure height from that allowed on the original development plan;
(dd) does not change uses from those allowed on the original development plan;
(ee) does not permit access to a street for which no ingress or egress point was previously shown; and
(ff) does not reduce designated perimeter buffer area or designated open space.
The director shall notify the city plan commission of all applications for minor amendments eligible for approval under the director procedure.
(B) City plan commission procedure. The city plan commission may approve a minor amendment to a development plan without the notification described in Section 51A-1.105(k) if the proposed development plan:
(i) does not have residential adjacency;
(ii) does not change uses from those allowed on the original development plan; and
(iii) does not reduce designated perimeter buffer area or designated open space.
(C) Public notice procedure. Minor amendments that do not qualify for the director procedure or the city plan commission procedure must be reviewed under the public notice procedure. The notification described in Section 51A-1.105(k) is required.
(3) “Original development plan.” For purposes of this subsection, “original development plan” means the earliest approved development plan that is still in effect, and does not mean a later amended development plan. For example, if a development plan was approved with the planned development district and then amended through the minor amendment process, the original development plan would be the development plan approved with the planned development district, not the development plan as amended through the minor amendment process. If, however, the development plan approved with the planned development district was replaced through the zoning amendment process, then the replacement development plan becomes the original development plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process.
(4) Residential adjacency. For purposes of this subsection, a request site has residential adjacency if the portion of the development plan being amended is within 200 feet of:
(A) a lot in an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) district; or
(B) an area of planned development district that:
(i) is restricted to uses permitted in R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) districts; and
(ii) has a height restriction of 40 feet or less.
A request site does not have residential adjacency if the request site is separated from the areas listed Subparagraphs (i) and (ii) above by a street that measures 65 feet or more in width.
(5) Appeals.
(A) Director procedure. An applicant may appeal the decision of the director to the city plan commission. An appeal must be requested in writing within 10 days after the decision of the director. The proposed minor amendment must then follow the city plan commission procedure.
(B) City plan commission procedure. An applicant may appeal the decision of the city plan commission to the city council. An appeal must be requested in writing within 10 days after the decision of the city plan commission. City council shall decide whether the city plan commission erred, using the same standards that city plan commission used. Appeal to the city council is the final administrative remedy available.
(C) Public notice procedure. An applicant or owner of real property within the notification area may appeal the decision of the city plan commission to the city council. An appeal must be requested in writing within 10 days after the decision of the city plan commission. City council shall decide whether the city plan commission erred, using the same standards that the city plan commission used. Appeal to the city council is the final administrative remedy available.
(i) Amendments to the landscape plan.
(1) Purpose and scope. The minor amendment process allows flexibility as necessary to meet the contingencies of development. Amendments that do not qualify as minor amendments must be processed as a zoning amendment. Minor amendments are limited to minor changes in the landscape plan that otherwise comply with the PD ordinance and do not:
(A) reduce the perimeter landscape buffer strip shown on the original landscape plan;
(B) detrimentally affect the original landscape plan’s aesthetic function relative to adjacent right-of-way or surrounding property; or
(C) detrimentally affect the original landscape plan’s screening or buffering function.
(2) Determination of procedure. Upon receipt of an application, the director shall determine if the proposed amendments are minor amendments and, if so, whether the proposed amendments are to be reviewed under the director procedure, the city plan commission procedure, or the public notice procedure.
(A) Director procedure. The director may forward any application to the city plan commission for review. The director may, however, approve minor amendments to a landscape plan without the notification described in Section 51A-1.105(k) if:
(i) the proposed minor amend ments are necessary to keep landscaping from interfering with service provided by a public utility or state regulated entity for the transmission of power, fuel, water, or communication services; or
(ii) the proposed landscape plan:
(aa) does not change the landscape plan within 25 feet of a property line with residential adjacency;
(bb) does not reduce the number of trees or amount of plan materials in a landscape buffer area (locations and types of trees or plant materials may be altered if the screening and aesthetic function of the buffer area is not affected);
(cc) does not reduce the number of trees or amount of plant materials within 25 feet of a street right-of-way; and
(dd) does not reduce the number of trees, plant materials, or landscape points on the site.
The director shall notify the city plan commission of all applications for minor amendments eligible for approval under the director procedure.
(B) City plan commission procedure. The city plan commission may approve a minor amendment to a landscape plan without the notification described in Section 51A-1.105(k) if the proposed landscape plan does not change the landscape plan within 25 feet of a property line with residential adjacency.
(C) Public notice procedure. Minor amendments that do not qualify for the director procedure or the city plan commission procedure must be reviewed under the public notice procedure. The notification in Section 51A-1.105(k) is required.
(3) “Original landscape plan.” For purposes of this subsection, “original landscape plan” means the earliest approved landscape plan that is still in effect, and does not mean a later amended landscape plan. For example, if a landscape plan was approved with the planned development district and then amended through the minor amendment process, the original landscape plan would be the landscape plan approved with the planned development district, not the landscape plan as amended through the minor amendment process. If, however, the landscape plan approved with the planned development district was replaced through the zoning amendment process, then the replacement landscape plan becomes the original landscape plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process.
(4) Residential adjacency. For purposes of this subsection, a request site has residential adjacency if the portion of the landscape plan being amended is within 200 feet of:
(A) a lot in an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) district; or
(B) an area of a planned development district that:
(i) is restricted to uses permitted in R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) districts; and
(ii) has a height restriction of 40 feet or less.
A request site does not have residential adjacency if the request site is separated from the areas listed Subparagraphs (i) and (ii) above by a street that measures 65 feet or more in width.
(5) Appeals.
(A) Director procedure. An applicant may appeal the decision of the director to the city plan commission. An appeal must be requested in writing within 10 days after the decision of the director. The proposed minor amendment must then follow the city plan commission procedure.
(B) City plan commission procedure. An applicant may appeal the decision of the city plan commission to the city council. An appeal must be requested in writing within 10 days after the decision of the city plan commission. City council shall decide whether the city plan commission erred, using the same standards that city plan commission used. Appeal to the city council is the final administrative remedy available.
(C) Public notice procedure. An applicant or owner of real property within the notification area may appeal the decision of the city plan commission to the city council. An appeal must be requested in writing within 10 days after the decision of the city plan commission. City council shall decide whether the city plan commission erred, using the same standards that city plan commission used. Appeal to the city council is the final administrative remedy available. (Ord. Nos. 19455; 19786; 20037; 20496; 21243; 22053; 23997; 24232; 24637; 26730; 27404; 28367; 28553; 30808; 31688
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