ordinance no. 2185 2 and interpretations, main uses

1009124-14-10

ORDINANCE NO. 2185 2

An ordinance amending Article 758, “PD 758,” of Chapter 51P, “Dallas Development Code:

Planned Development District Regulations,” of the Dallas City Code; amending the definitions

and interpretations, main uses permitted, yard, lot, and space regulations, parking and loading

regulations, landscaping regulations, tree mitigation and protection regulations, structure facade

standards, sign regulations, and additional provisions in Sections 51P-758.104, 51P-758.107,

51P-758i09, 51P-758.112, 51P-758.115, 51P-758,116, 51P-758.117, 51P-758.118, and 51P-

758.119 of Article 758; providing a new conceptual plan, replacing the development plan

approved on June 18, 2008 with a new development plan; supplementing the Exhibit A in

Ordinance No. 26786 with an Exhibit B (legal description of subareas); providing a penalty not

to exceed $2,000; providing a saving clause; providing a severability clause; and providing an

effective date.

WHEREAS, the city plan commission and the city council, in accordance with the

Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given

the required notices and have held the required public hearings regarding this amendment to the

Dallas City Code; and

WHEREAS, the city council finds that it is in the public interest to amend Article 758 as

specified in this ordinance; Now, Therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

Z089-262(RB) (Amend PD No. 758) — (Alternate)

27852 100912SECTION 1. That Section 51P-758.104, “Definitions and Interpretations,” of Article

758, PD 758,” of Chapter 51P, “Dallas Development Code: Planned Development District

Regulations,” of the Dallas City Code is amended to read as follows:

“SEC. 51P-758.104. DEFINITIONS AND INTERPRETATIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51 A applyto this article.

(b) Unless otherwise stated, all references to articles, divisions, or sections in thisarticle are to articles, divisions, or sections in Chapter 51A.

(c) In this district, the following definitions apply:

(1) A-FRAME SIGN means a portable detached premise sign that is hinged atthe top and is made of durable, rigid materials such as wood, plastic, or metal.

(2) BLADE SIGN means a sign projecting perpendicularly from a mainbuilding facade, visible from both sides, and made of rigid or soft materials.

) ENTERTAINMENT FACILITY means a facility for sporting events orthe performing arts, including indoor motion picture theaters, theaters for live musical ordramatic performances, indoor and outdoor concert halls, and exhibition halls.

4) FACADE GRAPHICS SIGNS means a sign composed of a pattern ofshapes, colors, text, or symbols that are applied to. projected on, or integrated into the full orpartial facade of a building.

[iNTERIOR SIDE YARD means a side yard that is not adjacent to astreet.j

(5[]) LARGE TREE means a tree with a minimum caliper of three inches, or aminimum height of 12 feet, depending on the standard measuring technique for the species.

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

7) MARQUEE SIGN means a changeable message sign attached to, appliedon, or supported by a permanent canopy projecting over a pedestrian street entrance of abuilding.

(8[]) SMALL TREE means a tree taller than six feet but less than twelve feetin height.


27852 100912(9[éJ) STOOP means a small porch leading to the entrance of a residence.

(l0[]) TANDEM PARKllJG means one parking space in front of anotherparking space, making it necessary to pass through one parking space to gain vehicular access tothe other parking space from a street, lane, or driveway.

çjjj VIDEOBOARD SIGN means a flat-screen premise sign that is capable ofdisplaying moving images similar to television images, by light-emitting diode or other similartechnology, and that is mounted to the exterior of a building.

(d) This district is considered to be a nonresidential zoning district.”

SECTION 2. That Paragraph (10), “Retail and Personal Service Uses,” of Subsection (a)

of Section 51P-758.107, “Main Uses Permitted,” of Article 758, “PD 758,” of Chapter 51P,

“Dallas Development Code: Planned Development District Regulations,” of the Dallas City

Code is amended to read as follows:

“(10) Retail and personal service uses.

• -- Alcoholic beverage establishments. [See Section 51A-4.2]O(b)(4).Treat as jf in a mixed use district.]

-- Animal shelter or clinic without outside runs.-- Business school.-- Commercial amusement (inside). [SUP may be required. See

Section 51A-4.2]O(b)(7)(B,). Treat as if in a mixed use district.]-- Commercial amusement (outside). [SUP]-- Commercial parking lot or garage.-- Dry cleaning or laundry store.

Entertainment facility.-- Furniture store.-- General merchandise or food store 3,500 square feet or less.-- General merchandise or food store greater than 3,500 square feet.-- Household equipment and appliance repair.-- Home improvement center, lumber, brick, or building materials

sales yard.-- Liquor store.-- Mortuary, funeral home, or commercial wedding chapel.-- Motor vehicle fueling station.-- Nursery, garden shop, or plant sales.-- Personal service uses.-- Restaurant without drive-in or drive-through service.-- Restaurant with drive-in or drive-through service. [DIR]-- Surface parking.


27852 100912- Temporary retail use.-- Theater.”

SECTION 3. That Section 51P-758.109, “Yard, Lot, and Space Regulations,” of Article

758, “PD 758,” of Chapter 51P, “Dallas Development Code: Planned Development District


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

(Note: The yard, lot, and space regulations in this section must be read together with theyard, lot, and space regulations in Division 5 1A-4.400. If there is a conflict between this sectionand Division 51A-4.400, this section controls.)

(a) In general. Except as provided in this subsection, the following regulations applyin all subareas:

(1) Window sills, bay windows, belt courses, cornices, fireplace chimneys,and other architectural features may project up to three feet into the required front, side, or rearyard setback.

(2) Attached premise signs may project up to three feet into the required front,side, or rear yard setback if the sign has eight feet of vertical clearance above grade.

(3) Unenclosed balconies, unenclosed patios, awnings, stairs, and stoops mayproject up to six feet into the required front, side, or rear yard setback, provided the width of theencroachment is 12 feet or less for any one encroachment.

(4) Underground parking structures may project to the lot line.

(5) The city plan commission may approve a development plan that increasesthe maximum setback to create pedestrian plazas or courtyards. [The maximum setbackrequirement, however, may not be increased on more than 20 percent of the width of any givenblockface and also may not be increased by more than 30 feet.]

(6) If any portion of a structure is over 26 feet in height, that portion may notbe located above a residential proximity slope, except:

(A) In all subareas, the structures listed in Section 51A-4.408(a)(2)may project through the slope to a height not to exceed the maximum structure height, or 12 feetabove the slope, whichever is less.

(B) In all subareas, chimneys may project through the slope to a height12 feet above the slope.

Z089-262(RB) (Amend PD No. 758)— (Alternate)

27852 100912(C) In Subarea C, a turret, spire, or clock tower meeting the

requirements of Section 51P-758.109(e)(6) may project through the slope to a height 24 feetabove the slope.

(7) To meet the maximum setback requirements of this article, a minimum of75 percent of the main building width. excluding areas designated as open space. pedestrianplazas, or courtyards on an approved development plan, must be located between the minimumand maximum front yard setback.

(b) Open space.

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

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

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

(A) structures supporting pedestrian or outdoor recreational uses;

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

(C) security, audio-visual, recreational or maintenance equipment; and

(D) streets and bridges that traverse the open space if they areapproved by the director of public works and transportation.

(4) Open space that is dedicated and accepted as park land will still beconsidered open space under this article.

(c) Subarea A.

(1) Front yard.

(A) Minimum front yard is six feet.

(B) Except as provided in this subparagraph, m[M]aximum front yardis 20 feet. No [except that no] maximum setback is required along Skiliman Street and WalnutHill Lane or in areas designated as open space, pedestrian plazas, or courtyards on an approveddevelopment plan.

(2) Side and rear yard. No minimum side yard is required. Minimum [4ean4] rear yard is six feet[, except that lots with single family uses have no minimum interior sideyard setback requirement].

(3) Density. Maximum number of dwelling units is 280.


2785a O912

(4) Floor area. Maximum total floor area for nonresidential uses is 155,000square feet. There is no maximum total floor area for residential uses. Maximum floor area forany home improvement center, lumber, brick, or building materials sales yard use is 15,000square feet.

(5) Floor area ratio. Maximum floor area ratio is 4.0.

(6) Height. Except as provided in this paragraph, maximum structure heightis 75 feet. Chimneys may project 12 feet above the maximum structure height.

(7) Lot coverage. Maximum lot coverage is 90 percent. Aboveground parkingstructures are included in lot coverage calculations; surface parking lots and undergroundparking structures are not.

(8) Stories. Maximum number of stories above grade is five.

(d) Subarea B.

(1) Front yard.

(A) Minimum front yard setback is six feet except that no minimumsetback is required along Walnut Hill Lane.

(B) Except as provided in this subparagraph, m[M]aximum front yardsetback is 20 feetj [except that no] maximum setback is required along Walnut Hill Lane orin areas designated as open space. pedestrian plazas, or courtyards on an approved developmentplan.

(2) Side and rear yard. No minimum side yard is required. Minimum [44eaftd] rear yard is six feet[, except that lots with single family uses have no minimum interior sideyard setback requirement].




(6) Height. Except as provided in. this paragraph, maximum structure heightis 105 feet. Chimneys may project 12 feet above the maximum structure height.

Z089-262(RB) (Amend PD No. 758) - (Alternate)

2785Z J0912(7) Lot coverage. Maximum lot coverage is 90 percent. Aboveground parking

structures are included in lot coverage calculations; surface parking lots and undergroundparking structures are not.

(8) Stories. Maximum number of stories above grade is seven.

(e) Subarea C.

(1) Front yard.

(A) Minimum front yard setback is six feet.

(B) Except as provided in this subparagraph, m[M]aximum front yardsetback is 20 feet. No [except that no] maximum setback is required along Skillman Street andWalnut Hill Lane or in areas designated as open space, pedestrian plazas, or courtyards on anapproved development plan.

(2) Side and rear yard. No minimum side yard is required. Minimum [si4e4] rear yard is six feet[, except that lots with single family uses have no minimum interior sideyard setback requirement].




(6) Height. Except as provided in this paragraph, maximum structure heightis 75 feet. Chimneys may project 12 feet above the maximum structure height. A turret, spire, orclock tower may exceed the maximum structure height by 24 feet if the portion above 75 feet isnot designed for habitation and the floor area does not exceed 900 square feet.

(7) Lot coverage, Maximum lot coverage is 90 percent. Aboveground parkingstructures are included in lot coverage calculations; surface parking lots and undergroundparking structures are not.

(8) Stories. Maximum number of stories above grade is five.

(fj SubareaD.

(1) Front yard. The minimum front yard setback is eight feet.


2785a 12(2) Side and rear yard. No minimum side yard is required. Minimum [&ide

a4] rear yard is six feet[, except that lots with single family uses have no minimum interior sideyard setback requirement].

(3) Density. Maximum number of dwelling units is 175 units.

(4) Height. Except as provided in this paragraph, maximum structure heightis 75 feet. Chimneys may project 12 feet above the maximum structure height.

(5) Lot coverage. Maximum lot coverage is 90 percent. Aboveground parkingstructures are included in lot coverage calculations; surface parking lots and undergroundparking structures are not.

(6) Garages. For single-family uses, enclosed parking garages with automaticgarage doors may be located within the required 20-foot setback from the right-of-way line of analley.

(7) Stories. Maximum number of stories above grade is four.”

SECTION 4. That Subsection (g), “Tandem Parking,” of Section 51P-758.112, Parking

and Loading,” of Article 758, ‘PD 758,” of Chapter 5lP, “Dallas Development Code: Planned

Development District Regulations,’ of the Dallas City Code is amended to read as follows:

‘(g) Tandem parking. Tandem parking is permitted for residential [single family]uses.”

SECTiON 5. That Subsection (b), Mandatory Provisions,” of Section 5lP-758.115,

“Landscaping,” ofrticle 758, “PD 758,” of Chapter 51P, “Dallas Development Code: Planned

Development District Regulations,” of the Dallas City Code is amended to read as follows:

“(b) Mandatory provisions.

(1) In general. Trees must be planted no closer than 2.5 feet on center fromany curb or paved surface. Large trees must be planted no closer than 10 feet on center from abuilding wall and no closer than 20 feet on center from another large tree.

(2) Parkway trees.

(A) Tree planting zone. In this section, the tree planting zone is thatarea located in the parkway, parallel to and between 2.5 and 10 feet from the back of the streetcurb.


2785 J312(B) Number, location, and type of trees required. Each lot must have

one or more trees whose trunks are located wholly within the tree planting zone. The number ofrequired caliper inches per block face [ees] is determined by dividing the block face [number offeet of lot frontage], excluding driveways and [frontage located in] visibility triangles, by 25.This number is then multiplied by 3.5 to determine the total caliper inches for that block face.Fractions are rounded to the nearest whole number, with .5 being rounded up to the next wholenumber. Required trees must be of a species recommended by the building official. Protectedtrees relocated from another location on the Property and preserved trees may be counted towardthe number of required caliper inches. Trees located in the median of Wildcat Way may becounted towards the required caliper inches for Wildcat Way.

(C) Parkway landscape permits and alternate tree planting options. Theproperty owner must apply for a parkway landscape permit before any required trees may beplanted in the parkway. If a property owner cannot obtain a parkway landscape permit to locate arequired tree in the parkway, the property owner must locate the tree in the required front yard asnear as practicable to the front lot line. If a lot has no front yard requirement and the propertyowner caimot obtain a parkway landscape permit to locate the required tree in the parkway, theproperty owner need not provide that required tree.

(D) Minimum tree height and trunk caliper. Required trees must havea minimum height of 14 feet and a minimum trunk caliper of three-and-one-half inches measuredat a point 12 inches above the root ball at the time of installation. For this provision, height ismeasured from the top of the root ball or, if the plant is in a container, from the soil level in thecontainer.

(E) Tree spacing requirements. Required trees must be spaced asuniformly as practicable. The maximum spacing between required trees is 50 feet on centerexcluding open spaces or pedestrian plazas designated on an approved development plan.

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

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

(B) Parking lots must be divided into sections containing no more than120 parking spaces. Parking lot sections must be divided by landscaped dividers with a minimumwidth of eight feet. Landscaped dividers must have large canopy trees spaced at a maximum of30 feet on center and ground cover or shrubs. Parking lot sections may contain up to 160 parkingspaces if. in addition to the landscape dividers, each grouping of parking rows is divided by alandscape island of a minimum of 20 square feet per row of cars. Landscaped islands must haveground cover and trees or shrubs.

(C) A landscaped buffer strip with a minimum width of 20 feet must belocated between any parking area and Skiliman Street or Walnut Hill Lane. The landscape buffermay be interrupted by vehicular and pedestrian access areas. The landscape buffer strip may be


27852located in whole or in part in the public right-of-way. The landscape buffer strip must have anevergreen berm with a minimum height of three feet. If the topography prevents installation of aberm, an evergreen hedge with a minimum height of three feet may be substituted. Thelandscape buffer must also have large canopy trees spaced at a maximum of 30 feet on center.

(4) Structured parking trees and landscaping. The following regulations applyto the highest level of a parking structure that is unobstructed to the sky and is visible from anadjacent street right-of-way.

(A) Parking must be screened with

Lu a solid parapet wall to a minimum of three [few] feet inheight above the parking surface

a landscape buffer strip with an evergreen berm or anevergreen hedge with a minimum height of three feet at the time of planting.

(B) An ornamental tree in a landscape planter is required at the ends ofeach parking row.

(5) Private license granted.

(A) The city council hereby grants a revocable, non-exclusive licenseto the owners or tenants (with the written consent of the owner) of all property in this district forthe exclusive purpose of authorizing compliance with the parkway landscaping requirements ofthis article. An owner or tenant is not required to pay an initial or annual fee for this license,although a fee may be charged for issuance of a parkway landscape permit. This private licensewill not terminate at the end of any specific period, however, the city council reserves the right toterminate this license at will, by resolution passed by the city council, any time such terminationbecomes necessary. The determination by the city council of the need for termination is final andbinding. The city shall become entitled to possession of the licensed area without giving anynotice and without the necessity of legal proceedings to obtain possession when, in its judgment,the purpose or use of the license is inconsistent with the public use of the right-of-way or whenthe purpose or use of the license is likely to become a nuisance or a threat to public safety. Upontermination of the license by the city council, each owner or tenant shall remove allimprovements and installations in the public rights-of-way to the satisfaction of the director ofpublic works and transportation.

(B) An owner or tenant is not required to comply with any landscapingrequirement to the extent that compliance is made impossible due to the city council’s revocationof the private license granted by this subsection.

(C) Upon the installation of landscaping and related amenities, such asirrigation systems, in the public rights-of-way, the owner or tenant shall procure, pay for, andkeep in full force and effect commercial general liability insurance coverage with an insurancecompany authorized to do business in the State of Texas and otherwise acceptable to the city,

Z089-262(RB) (Amend PD No. 758) (Alternate)

785Z 912

covering, but not limited to. the liability assumed under the private license granted under thissubsection. with combined single limits of liability for bodily injury and property damage of notless than $1,000,000 for each occurrence, and $2,000,000 annual aggregate. Coverage under thisliability policy must be on an occurrence basis and the city shall be named as additional insured.Proof of such insurance must be sent to: Office of Risk Management, City of Dallas, 1500Manila. Dallas. Texas 75201, and the policy must provide for 30 days prior written notice to theOffice of Risk Management of cancellation, expiration, non-renewal. or material change incoverage. All subrogation rights for loss or damage against the city are hereby waived to theextent that they are covered by this liability insurance policy.

(D) Each owner or tenant is responsible for maintaining thelandscaping in a healthy, growing condition, for keeping related amenities in good repair andcondition, and for keeping the premises safe and from deteriorating in value or condition, at noexpense to the city. The city is absolutely exempt from any requirements to make repairs or tomaintain the landscaping, related amenities, or the premises. The granting of a license forlandscaping and related amenities under this subsection does not release the owner or tenantfrom liability for the installation or maintenance of trees, landscaping, and related amenities inthe public right-of-way.

(6) Parkway landscape permit.

(A) It is the responsibility of the property owner to apply for and obtaina parkway landscape permit before locating trees, landscaping, or related amenities in theparkway. An application for a parkway landscape permit must be made to the director. The

‘application must be in writing on a form approved by the director and accompanied by plans ordrawings showing the area of the parkway affected and the planting or other amenities proposed.

(B) Upon receipt of the application and any required fees, the directorshall circulate it to all affected city departments and utilities for review and comment. If, afterreceiving comments from affected city departments and utilities, the director determines that theconstruction, planting, or other amenities proposed will not be inconsistent with and will notunreasonably impair the public use of the right-of-way, the director shall issue a parkwaylandscape permit to the property owner; otherwise, the director shall deny the permit.

(C) A property owner is not required to comply with any parkwaylandscaping requirement of this article if compliance is made impossible due to the director’sdenial of a parkway landscape permit.

(D) A parkway landscape permit issued by the director is subject toimmediate revocation upon written notice if at any time the director determines that the use ofthe parkway authorized by the permit is inconsistent with or unreasonably impairs the public useof the right-of-way. The property owner is not required to comply with any parkway landscapingrequirement of this section if compliance is made impossible due to the director’s revocation of aparkway landscape permit.


7852 O912(E) The issuance of a parkway landscape permit under this subsection

does not excuse the property owner. his agents. or employees from liability for the installation ormaintenance of trees or other amenities in the public right-of-way.

(7) Landscape materials. V

(A) No artificial plant materials may be used to satisfy therequirements of this section.

(B) In satisfying the landscaping requirements of this section, the useof high quality, hardy, and drought tolerant plant materials is encouraged.

(8) Soil requirements.

(A) Except as otherwise provided in this paragraph, landscape plantingareas must have the following soil depths and dimensions:

(i) Each large shrub and each small tree must be planted in soilthat is at least 24 inches deep with a surface area of at least 16 square feet (total of 32 cubic feet).

(ii) Each large tree must be planted in soil that is at least 36inches deep with a surface area of at least 25 square feet (total of 75 cubic feet).

(B) Landscape planting areas located above underground buildings orstructures must have the following soil depths and dimensions:

V (i) Each large shrub and each small tree must be planted in soilthat is at least 30 inches deep with a surface area of at least 25 square feet (total of 62.5 cubicfeet).

(ii) Each large tree must be planted in soil that is at least 40inches deep with a surface area of at least 36 square feet (total of 120 cubic feet).

(C) The building official may waive the minimum soil requirements ifa landscape architect certifies that the proposed alternative soil depths and dimensions aresufficient to support the healthy and vigorous growth of the proposed plant materials.

(9) Protection of landscape areas. Required landscape areas must be protectedfrom vehicular traffic through the use of concrete curbs, wheel stops, or other permanentbarriers.

(10) Irrigation requirements. Required plant materials must be located within100 feet of a verifiable water supply, and proposed watering methods (irrigation or otherwise)must be adequate to maintain the plant materials in a healthy, growing condition.

Z089-262(RR) (Amend PD No. 758)— (Alternate)

‘(‘i1 3

___

— J J 1.

(11) Sidewalks.

) Except as provided in this subparagraph, i[]n Subareas A, B. andC. sidewalks must be a minimum of eight feet wide.

j) On the side of Watercrest Parkway adjacent to the openspace, the minimum unobstructed sidewalk width is four and one half feet.

jj On the north side of Whistle Stop Place, from SkillmanStreet to Wildcat Way, no sidewalk is required.

Øjj If a 1 2-foot-wide sidewalk is provided on the south side ofthe Jackson Branch Bridge and street crosswalks are provided at the east and west ends of theJackson Branch Bridge, no sidewalk is required on the north side of the Jackson Branch Bridge.

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

y) On the south side of Lookout Point, no sidewalk isrequired.

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

) All sidewalks must be located in an area parallel to and within fiveto 15 [fifteen] feet of the back of the street curb.

çj A minimum of four feet of the sidewalk must be unobstructed andclear. ADA-pyççij[T]ree grates are not a [counted towards the minimum unobstructed]sidewalk obstruction [width].

If the sidewalk is to be located in the front yard, the propertyowner must dedicate a sidewalk easement to the city to assure its availability to the public as apermanent pedestrian way.”

SECTION 6. That Subsection (b), ‘Tree Mitigation in General,” and Subsection (c),

“Tree Conservation Area,” of Section 51 P-75 8.116, “Tree Mitigation and Protection” of Article

758, “PD 758,” of Chapter 51P, “Dallas Development Code: Planned Development District


“(b) Tree mitigation in general.

(I) Except as provided in this section, tree mitigation must be provided inaccordance with Article V and Article X.


27$2 9912(2) Except as otherwise provided, this section applies to all property within

this district.

(3) This section does not apply to lots smaller than two acres that have singlefamily or duplex uses, except that replacement trees will be considered protected trees even ifplanted on lots smaller than two acres that have single family or duplex uses. This means that if areplacement tree is planted on a lot smaller than two acres with a single family use, and theowner of that lot were to one day remove the tree, he would have to replace that tree inaccordance with this section.

(4) Tree mitigation is not required if trees are removed because ofinfrastructure and water retention areas approved under Article V.

The total number of caliper inches required to be mitigated is 4,502. Ofthe total required caliper inches, a minimum of 855 caliper inches must be replaced or preservedwithin the open space shown on the conceptual plan.

(c) Replacing trees.

(1) Tree mitigation may be accomplished by planting replacement trees in thisdistrict. Replacement trees may be counted towards tree mitigation only if they are not plantedwithin 2.5 feet of a utility easement.

(2) Except in the open space shown on the conceptual plan, the buildingofficial shall give tree mitigation credit of two caliper inches for every caliper inch of a protectedtree with a caliper of 18 or more inches that is preserved within the district and a credit of 1.5caliper inches for every caliper inch of tree with a caliper of 12 inches or more that is preservedor relocated within the district. Preserved trees may not be counted twice to meet the treemitigation requirements of two lots or tracts. Tree mitigation credits in Subsection (c)(2) maycount towards the required caliper inches to be mitigated in Subsection (b)(5’).”

SECTION 7. That Subsection (a), “Off-Street Parking Structures,” of Section SiP

758.117, “Structure Facade Standards,” of Artick 758, “PD 758,” of Chapter SiP, “Dallas

Development Code: Planned Development District Regulations,” of the Dallas City Code is

amended to read as follows:

“(a) Off-street parking structures.

(1) All permanent parking structures must be located either underground or beconcealed behind a facade that is similar in appearance to the facade of either the building towhich the parking structure is accessory or another adjacent structure.


27852 12(2) If a parking structure facade is visible from an adjacent street right-of

way, a[A]t least 10 percent of the area of the parking structure facade must be covered with thesame material used predominantly on the first 50 feet of height of the building to which theparking structure is accessory or another adjacent structure. The area of the parking structurefacade is calculated by including openings, if any.

(3) Openings in the parking structure facade must not exceed 52 percent of thetotal facade area, excluding ingress and egress points.”

SECTION 8. That Section 51P-758.l 18, ‘Signs,” of Article 758, “PD 758,” of Chapter

51 P, “Dallas Development Code: Planned Development District Regulations,” of the Dallas City

Code is amended to read as follows:

“SEC. 51P-758.118. SIGNS.

(a) In general. Except as otherwise provided in this section, signs must comply withthe provisions for business zoning districts in Article VII. For purposes of complying with thissection, the premise is the Property.

(b) Non-monument signs. Subarea A and Subarea C are each allowed to have onedetached multi-tenant premise-identification non-monument sign on Skillman Street and onedetached multi-tenant premise-identification non-monument sign on Walnut Hill Lane, for a totalof four signs.

(c) A-frame signs. A-frame signs are permitted to identify a business in accordancewith the following provisions:

(1) The maximum size of the sign is 32 inches wide and 36 inches tall.

(2) The maximum effective area per side is 1,200 square inches.

(3) A-frame signs may only be displayed when the business it identifies isopen.

(4) A-frame signs may be located on the sidewalk or in the front yard of thebusiness that it is identifying, provided a minimum of four feet of unobstructed sidewalk area isprovided, and all necessary licenses and permits have been obtained.

(5) Only one A-frame sign is permitted per business.

(6) A-frame signs must be separated by a minimum of 50 feet.


27852 : ‘912(7) A-frame signs may not be located closer than 25 feet to a street

intersection and in no case may a sign be located in a visibility triangle.

Blade signs.

LU Blade signs are permitted.

LU Blade signs may not be internally illuminated.

) Blade signs may be horizontal or vertical.

There is no limit on the number of blade signs.

The maximum area for blade signs is 30 square feet.

) Blade signs may be located no lower than nine feet and no higher than 29feet from street level as measured at the lowest and highest point of the sign.

LU A blade sign cannot project into the right-of-way.

A blade sign cannot be located closer than 15 feet to another projecting

cdI Videoboard signs.

LU Location.

) Videoboard signs may only be oriented toward Wildcat Way orWatercrest Parkway and may not be visible from Walnut Hill Lane or Skiliman Street.

) A videoboard sign may only be attached to a facade on both sidesof Wildcat Way between the northern right-of-way line of Lookout Point and the southern right-of-way line of Sedgwick Drive.

Number. A maximum of two videoboard signs are permitted in thisdistrict.

ze.

) The maximum size of a videoboard sign is 1.500 square feet; thevideo display area may not exceed 500 square feet. The message area within the remaining1.000 square feet may not change more than one time in a 24-hour period.

(j) The maximum height of the highest point of the video display areais 30 feet.


278Z4) Operation.

) Display. Videoboard signs:

j) must contain a default mechanism that freezes the image inone position in case of a malfunction;

üfl must automatically adjust the sign brightness based onnatural ambient light conditions in compliance with the following formula:

g) the ambient light level measured in luxes, dividedby 256 and then rounded down to the nearest whole number. equals the dimming level; then

the dimming level, multiplied by .0039 equals thebrightness level: then

fçç) the brightness level, multiplied by the maximumbrightness of the specific sign measured in nits, equals the allowed sign brightness, measured inflits. For example:

3 2768 = ambient light in luxes÷ 256

128 dimming levelx .0039

.4992 brightness levelx 9000 (maximum brightness of the example sign)4492.8 = allowed brightness in nits:

jjj) must be turned off between 12:00 a.m. (midnight) and 7:00a.m. Monday through Friday and 2:00 a.m. and 8:00 a.m. on Saturday and Sunday; and

may not display light of such intensity or brilliance to causeglare, impair the vision of an ordinary driver, or constitute a nuisance.

Light intensity. Before the issuance of a videoboard sign permit.the applicant shall provide written certification from the sign manufacturer that the lightintensity:

j) has been factory programmed to comply with the maximumbrightness and dimming standards in the table in Subparagraph (e)(5)(A); and

LiI is protected from end-user manipulation by password-protected software, or other method satisfactory to the building official.

Change of messae. Except as provided in this section, changes ofmessage must comply with the following:


27852O912

j) Each message must be displayed for a minimum of eightseconds.

çli) Changes of message must be accomplished within twoseconds.

(Jjj Changes of message must occur simultaneously on theentire sign face.

jy) No flashing, dimming, or brightening of message ispermitted except to accommodate changes of message.

) Streaming information. Streaming messages are limited to noncommercial messages. Ticker tape streaming is permitted at all times when the videoboard signis operating. Ticker tape streaming must be located within the bottom 10 percent of the effectivearea.

Malfunction. Videoboard sign operators must respond to amalfunction or safety issue within one hour after notification.

fl Marquee signs.

j) A marquee sign may not exceed 1,000 square feet of effective area.

f) A marquee sign may not be longer than two-thirds of the length of thefrontage of the building to which the marquee is attached.

) Only a theater, commercial amusement (inside), or entertainment facilityuse may have a marquee sign.

The message area on a marquee sign may consist of LED, LCD, or otherchangeable message technology. The message area on any marquee sign may not exceed 60percent of the effective area of the sign.

No lot may have more than one marquee sign per street frontage.

f The message cannot change more than three times in a 24 hour peod.

LD Animum of two marquee signs are allowed.

çg Facade graphic signs.

LU Facade graphic signs may only be displayed on facades facing WildcatWay or Watercrest Parkway.


27852100912

( Facade graphic signs may be constructed of mesh, metal, vinyl, decal,fritted glass, light sources, or other similar material and may be applied to, projected on, orviewable through the architecture or building materials such as glass, concrete, and wood of thestructure.

Q Facade graphic signs must be designed to be viewed as a part of thearchitecture of the building to which it is attached rather than appear as an attached element.

A facade graphic sign must have a large visual display with a minimum of75 percent non-textual graphic content (no more than 25 percent text).

) The maximum permitted effective area for a facade graphic sign is 90percent of the facade to which the facade graphic sign is attached.

) No facade graphic sign may exceed 30 feet in height.

7) No more than six facade graphic signs are permitted.

f) A facade graphic sign may not display the same message for more than 60days within a 12 month period.”

SECTION 9. That Section 51P-758.119, “Additional Provisions,” of Article 758, “PD

758,” of Chapter 51P. “Dallas Development Code: Planned Development District Regulations,”

of the Dallas City Code is amended to read as follows:

“SEC. 5lP758.l19. ADDITIONAL PROVISIONS.

(a) In general.

(1) The Property must be properly maintained in a state of good repair andneat appearance.

(2) Development and use of the Property must comply with all federal andstate laws and regulations, and with all ordinances, rules, and regulations of the city.

(b) Pedestrianlbicycle paved pathway.

(1) Before the issuance of any certificate of occupancy, a pedestrianlbicyclepaved pathway must be provided. The pathway must run the length of the district from theDART rail station right-of-way [north] to the south property line and be located on the west sideof the creek channel in the open space as shown on the conceptual plan. The pedestrianlbicyclepaved pathway must be designed so that it can connect with the city trail system and sidewalkslocated within the district. The pathway must have a minimum width of 12 feet.


I ‘

7852(2) The following amenities must be installed when the property adjacent to

the pedestrianfbicycle paved pathway is developed. These amenities must be shown on adevelopment plan approved by city plan commission or the park and recreation board, whicheveris applicable (See 51P-758.119(b)(3)and(4)). Development of adjacent property, however, doesnot trigger the installation of all amenities along the pedestrian/bicycle paved pathway, but onlythe installation of those amenities within the area covered by the development plan.

(A) Three-inch caliper trees must be provided and located along thepathway at a minimum of one per 30 feet of pathway. The trees must be of the species listed inSection 51A-10.134.

(B) Benches and trash cans must be provided and located along thepathway at one per 400 feet of pathway. Benches and trash cans must be the same or equivalentas those used by the parks and recretion department in any city park.

(C) Drinking water fountains must be provided and located along thepathway at one per 800 feet of pathway. Drinking water fountains must be the same orequivalent as those used by the parks and recreation department in any city park.

(D) Pedestrian street lamps must be provided and located along thepathway at one lamp per 120 feet of pathway. The pedestrian street lamps must be the same orequivalent as those used by the department of parks and recreation in any city park or meet therequirements of Section 51 P-75 8.114.

(3) For any portion of a pedestrian/bicycle paved pathway located i a publicpark, that portion of the pathway must be shown on the development plan and approved by thepark and recreation board.

(4) For any portion of a pedestrian/bicycle paved pathway located outside of apublic park, that portion of the pathway must be shown on the development plan and approvedby the city plan commission.

(c) Bicycle parking. Bicycle racks must be provided outside of the open space shownon the conceptual plan to accommodate one bicycle for every 20 required non-residential offstreet parking spaces.”

SECTION 10. That the conceptual plan, Exhibit 758A of Article 758, “PD 758,” of

Chapter SiP of the Dallas City Code, is replaced by the Exhibit 758A attached to this ordinance.

SECTION ii. That the development plan approved on June 18, 2008 is replaced by the

development plan attached to this ordinance.


27852 912SECTION 12. That the Exhibit A attached to Ordinance No. 26786 is supplemented by

the Exhibit B (legal description of the subareas) attached to this ordinance.

SECTION 13. That development of this district must comply with the full-scale versions

of Exhibit 758A (conceptual plan) and the development plan attached to this ordinance. A

reduced-sized version of these plans shall be provided in Chapter 51P. Permits shall be issued

based on information provided on the full-scale version of the plans.

SECTION 14. That a person who violates a provision of this ordinance, upon conviction,

is punishable by a fine not to exceed $2,000.

SECTION 15. That Chapter SiP of the Dallas City Code, as amended, shall remain in

full force and effect, save and except as amended by this ordinance.

SECTION 16. That the terms and provisions of this ordinance are severable and are

governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.

SECTION 17. That this ordinance shall take effect immediately from and after its

passage and publication, in accordance with the Charter of the City of Dallas, and it is

accordingly so ordained.

APPROVED AS TO FORM:

THOMAS P. PERKINS, JR., City Attorney

By__________________________Assistant City Attorney

PR I 4 ZOiPassed

__________________________________


r ExhibitB

27 8 LEGAL DESCRIPTION .4 I ‘)ZONING SOUTH (subareas c-d)

Zoning Case No. Z067-190Block 218125 - Woodstock and

Lots 1-A and 1-C, Block 2/81 25 -

Jackson Square Addition No.1W.P. Wyche Survey, Abstract No. 1522

City of Dallas, Dallas County, Texas

DESCRIPTION, of a 46.150 acre tract of land situated in the W.P. Wyche Survey, Abstract No.

1522, Dallas County, Texas; said tract being all of Block 2/8125 Woodstock, an addition to the

City of Dallas, according to the plat recorded in Volume 76211, Page 134 of the Deed Records of

Dallas County, Texas; said tract also being all of a tract of land described in Special Warranty

Deed to Woodstock at Skillman recorded in Volume 2001237, Page 10123 of said Deed Records;

said tract also being all of Lot 1-A, Block 2/8125 Jackson Square Addition No. 1, an addition to

the City of Dallas, according to the plat recorded in Volume 76202, Page 379 of said Deed

Records and all of Lot 1-C, Block 218125 Jackson Square Addition No. 1, an addition to the City

of Dallas, according the plat recorded in Volume 77080, Page 18 of said Deed Records; said Lots

1-A and 1-C being all of a tract of land described in Special Warranty Deed to DT Bella Palms

Apartments recorded in Instrument Number 200600191816 of the said Deed Records; said tract

also being part of Block 8125 of the Official Block Numbers of the City of Dallas; said tract also

being all of a tract of land described in a Special Warranty Deed to J.A. Ellsworth recorded in

Volume 76223, Page 1339 of said Deed Records; said 46.150 acre tract being more particularly

described as follows:

BEGINNING, at a 1/2-inch iron rod with “Pacheco Koch” cap set at the northerly end of a corner

clip at the intersection of the south right-of-way line of Walnut Hill Lane (a variable width right-of-

way) with the east right-of-way line of Skiliman Street (a variable width right-of-way);

THENCE, along the said south line of Walnut Hill Lane, the following four (4) calls:

North 88 degrees, 55 minutes, 17 seconds East, a distance of 80.55 feet to a nail found

for corner;

South 87 degrees, 59 minutes, 40 seconds East, a distance of 199.51 feet to a 1/2-inch

iron rod found for corner;


iron rod with “Pacheco Koch” cap set for corner;


iron rod found for corner; said point being the northeast corner of said Woodstock; said

point also being the northwest corner of a tract of land described in a deed to the City of

Dallas, recorded in Volume 70219, Page 1291 of said Deed Records;

THENCE, South 22 degrees, 16 minutes, 21 seconds East, along the common line of Woodstock

and said City of Dallas tract, a distance of 708.12 feet to a 1/2-inch iron rod found for corner on

the west line of a Dallas Area Rapid Transit right-of-way (150-foot wide at this point);

THENCE, along the said west line of the Dallas Area Rapid Transit, the following four (4) calls:




iron rod found for corner; said point being the beginning of a tangent curve to the right;

Z089—262(RB)—Ex. B — Page 1 of HEET 1 OF 2ZOMNG SOUTH (subareas C-D).doc2253-06.364AS.dwg2253-06.364AS2.dwg

Exhibit B

LEGAL DESCRIPTION 7 Q IZONING SOUTH (subareas c-d) - ZoiGec&!067-190(CONTINUED)

In a southwesterly direction, along said curve to the right, having a central angle of 25

degrees, 03 minutes, 00 seconds, a radius of 1,809.86 feet, a chord bearing and distance

of South 08 degrees, 45 minutes, 32 seconds West, 784.99 feet, an arc distance of

791.28 feet to a point for the end of said curve (from said point a 1/2-inch iron rod found

bears South 46 degrees, 13 minutes West, a distance of 1.1 feet);

South 21 degrees, 17 minutes, 02 seconds West, a distance of 142.03 feet to a 1/2-inch

iron rod with “Pacheco Koch” cap set for corner; said point being the southeast corner of

said Lot 1-A and being the northeast corner of Lot 2, Block 3/8125 Willow ParkCondominiums, an addition to the City of Dallas, according to the plat recorded in Volume

83036, Page 2555 of said Deed Records;

THENCE, North 86 degrees, 03 minutes, 00 seconds West, along the common line of said Lot 1-

A and said Lot 2, a distance of 850.82 feet to a 1/2-inch iron rod found for corner on the said east

right-of-way line of Skillman Street; said point being the southwest corner of said Lot 1-A and

being the northwest corner of said Lot 2;

THENCE, along the said east right-of-way Jine of Skillman Street, the following five (5) calls:

North 03 degrees, 46 minutes, 00 seconds West, a distance of 1,570.86 feet to a 1/2-inch


North 04 degrees, 53 minutes, 35 seconds East, a distance of 2.02 feet to a 1/2-inch iron

rod found for corner;

North 02 degrees, 22 minutes, 53 seconds East, along, a distance of 100.75 feet to a 3/8-

inch iron rod found for corner (from said point a 5/8-inch iron rod found bears South 02degrees, 08 minutes, East, a distance of 2.9 feet);

North 01 degrees, 53 minutes, 47 seconds East, a distance of 199.81 feet to a 1/2-inch

iron rod found for corner; said point being the beginning of a non-tangent curve to the

right;

In a northerly direction along said curve to the right, having a central angle of 01 degrees,

08 minutes, 56 seconds, a radius of 5639.65 feet, a chord bearing and distance of North

03 degrees, 54 minutes, 54 seconds West, 113.10 feet, an arc distance of 113.10 feet to

a 1/2-inch iron rod found for the end of said curve; said point being the southerly end of

said corner clip at the intersection of the said east line of Skillman Street with the saidsouth line of Walnut Hill Lane.

THENCE, North 57 degrees, 36 minutes, 23 seconds East, along said corner clip, a distance of

17.83 feet to the POINT OF BEGINNING;

CONTAINING, 2,010,275 square feet or 46.150 acres of land, more or less.

This document was prepared under 22 TAC §663.21, does not reflect the results of an on the

ground survey, and is not to be used to convey or establish interests in real property except those

rights and interests implied or established by the creation or reconfiguration of the boundary of

the political subdivision for which it was prepared.

Z089—262(RB)—Ex. B — Page 2 of HEET 2 OF 2ZONING SOUTH (subareas C-D).doc2253-06.364AS.dwg2253-06.364AS2.dwg

“1 Exhibit B

2 1 ‘ — LEGAL DESCRIPTIONSUBAREA A

Zoning Case No. Z067-190Lot 1, Block 1/8125 and

Part of Lot 2, Block 2/8125Kingsley Creek Apartments, Phase I and Phase II

WP. Wyche Survey, Abstract No. 1522

DESCRIPTION, of an 11.885 acre tract of land situated in the W.P. Wyche Survey, Abstract No.

1522, Dallas County, Texas; said tract being all of Lot 1, Block 1/8125, Kingsley Creek

Apartments, Phase I, an addition to the City of Dallas, according to the plat recorded in Volume

75150, Page 2325 of the Deed Records of Dallas County, Texas and part of Lot 2, Block 2/8125,

Kingsley Creek Apartments Phase II, an addition to the City of Dallas, according to the plat

recorded in Volume 76146, Page 1975 of said Deed Records; said tract being all of that tract of

land described in the Assumption Special Warranty Deed to Alliance SH 2 Limited Partnership

recorded in Volume 2000184, Page 5751 of said Deed Records; and being part of that tract of

land described in Special Warranty Deed to Alliance Kingsley Limited Partnership, recorded in

Volume 2000001, Page 2095, of said Deed Records; said 11.885 acre tract being more

particularly described as follows:

BEGINNING, at a 1/2-inch iron rod found in the north line of Walnut Hill Lane (a variable width

right-of-way) at the most southerly southwest corner of the said Lot 2; said point also being the

southeast corner of the said Lot 1, Block 1/8125, Kingsley Creek Apartments, Phase I, an

addition to the City of Dallas, Texas recorded in Volume 75150, Page 2325, of said Deed

Records;

THENCE, along the said north line of Walnut Hill Lane, the following four (4) calls:


iron rod found at an angle point;






iron rod found for corner at the east end of a corner clip at the intersection of the said

north line of Walnut Hill Lane with the east right-of-way line of Skiliman Street (a variable

width right-of-way);

THENCE, North 57 degrees, 42 minutes, 02 seconds West, along said corner clip, a distance of

29.03 feet to a 1/2-inch iron rod found for corner at the north end of said corner clip; said point

also being the beginning of a non-tangent curve to the right;

THENCE, in a northerly direction, along the said east line of Skiliman Street and along said curve

to the right, having a central angle of 05 degrees, 34 minutes, 01 seconds, a radius of 5,729.58

feet, a chord bearing and distance of North 00 degrees, 55 minutes, 19 seconds East, 556.47

feet, an arc distance of 556.69 feet to a 1/2-inch iron rod with “Pacheco Koch” cap set for corner

at the southwest corner of a tract of land described in the Special Warranty Deed to Huntington

Creek Dallas, Ltd. recorded in Volume 84183, Page 5330 of said Deed Records;

Z089—262(R]3)— Ex B — Page 3 0jF4EET I OF 2Subarea A.doc2253-06.37 1 AS.dwg

Exhibit B

LEGAL DESCRIPTION p Q I 9SUBAREA A - Zoning Case No. ZO67-19 7 8 2 I

(Continued)

THENCE, South 88 degrees, 01 minutes, 40 seconds East, passing at 81.22 feet the southeastcorner of said Huntington Creek Dallas Ltd. tract; said point being an angle point of Lot ID, Block5/81 25, Huntington Lakes Addition, an addition to the City of Dallas, Texas, according to the platrecorded in Volume 95207, Page 3742 of said Deed Records, and continuing along the said

south line of Lot 1D, a total distance of 194.99 feet to a 5/8-inch iron rod found for corner at the

beginning of a non-tangent curve to the left;

THENCE, along an east line of said Lot 1 D, the following three (3) calls:

In a northeasterly direction, along said curve to the left, having a central angle of 231degrees, 09 minutes, 15 seconds, a radius of 25.00 feet, a chord bearing and distance ofNorth 54 degrees, 33 minutes, 32 seconds East, 45.10 feet, an arc distance of 100.86feet to a 5/8-inch iron rod found for corner at the beginning of a curve to the right;

In a northwesterly direction, along said curve to the right having a central angle of 51degrees, 15 minutes, 39 seconds, a radius of 15.00 feet, a chord bearing and distance ofNorth 35 degrees, 23 minutes, 17 seconds West, 12.98 feet, an arc distance of 13.42 feetto a point for corner; from said point a 5/8-inch iron rod found bears South 17 degrees, 23minutes East, a distance of 0.4 feet;

North 09 degrees, 45 minutes, 27 seconds West, a distance of 324.26 feet to a 1/2-inchiron rod with “Pacheco Koch” cap set for the northwest corner of said Lot 1, Block 1/8125;said point being a reentrant corner of said Lot 1 D;

THENCE, South 88 degrees, 40 minutes, 05 seconds East, along a south line of said Lot 1 D, adistance of 420.48 feet to a 1/2-inch iron rod with “Pacheco Koch” cap set for corner; said pointbeing the northwest corner of said Lot 2;

THENCE, along the east line of said Lot 1 and the west line of said Lot 2, the following two (2)calls:

South 08 degrees, 15 minutes, 16 seconds East, a distance of 456.74 feet to an anglepoint;

South 08 degrees, 13 minutes, 06 seconds East, a distance of 406.12 feet to a point forcorner in the said north line of Walnut Hill Lane;

THENCE, South 82 degrees, 58 minutes, 04 seconds West, along the said north line of WalnutHill Lane, a distance of 70.18 feet to the POINT OF BEGINNING;

CONTAINING; 517,687 square feet or 11.885 acres of land, more or less.

This document was prepared under 22 TAC §663.21, does not reflect the results of an on theground survey, and is not to be used to convey or establish interests in real property except thoserights and interests implied or established by the creation or reconfiguration of the boundary ofthe political subdivision for which it was prepared.

Z089-262(RLB) — Ex. B — Page 4 OET2OF2

Subarea A.doc2253-06.371AS.dwg

EXhibitB27B52LEGAL DESCRIPTION ‘ J U i

SUBAREA BZoning Case No. Z067-190 if

Part of Lot 2, Block 2/8125Kingsley Creek Apartments, Phase II

W. P. Wyche Survey, Abstract No. 1522

DESCRIPTION, of an 11.160 acre tract of land situated in the W.P. Wyche Survey, Abstract No. 1522,Dallas County, Texas; said tract being part of Lot 2, Block 2/8125, Kingsley Creek Apartments, Phase II, anaddition to the City of Dallas, according to the plat recorded in Volume 76146, Page 1975 of the DeedRecords of Dallas County, Texas; said tract being part of that tract of land described in Special WarrantyDeed to Alliance Kingsley Limited Partnership, recorded in Volume 2000001, Page 2095, of said DeedRecords; said 11.160 acre tract being more particularly described as follows:

BEGINNING, at a point in the south line of said Lot 2 and the north line of Walnut Hill Lane (a variable widthright-of-way); said point being North 82 degrees, 58 minutes, 04 seconds East, a distance of 70.18 feet froma 1/2-inch iron rod found in the said north line of Walnut Hill Lane and the most southerly southwest corner ofthe said Lot 2; said point also being the southeast corner of the said Lot 2;

THENCE, departing the said north line of Walnut Hill Lane, along the west line of said Lot 1, the following two(2) calls:

North 08 degrees, 13 minutes, 06 seconds West, a distance of 406.12 feet to an angle point;

North 08 degrees, 15 minutes, 16 seconds West, a distance of 456.74 feet to a point for corner in thenorthwest corner of said Lot 2; said point also being in the south line of Lot 1 D, Block 5/8125,Huntington Lakes Addition, an addition to the City of Dallas, Texas recorded in Volume 95207, Page3742, of said Deed Records;

THENCE, South 88 degrees, 40 minutes, 05 seconds East, along the said south line of Lot 1D, Block518125, a distance of 733.25 feet to a 1/2-inch iron rod found for corner; said point being the northeast cornerof said Lot 2 and being in the west right-of-way line of the Dallas Area Rapid Transit railway (D.A.R.T.,formerly known as the M.K & T. Railroad, a variable width right-of-way); said point also being at thebeginning of a non-tangent curve to the right;

THENCE, departing the said south line of Lot ID, along the said west line of the D.A.R.T. railway, thefollowing two (2) calls:

In a southerly direction, along said curve to the right, having a central angle of 04 degrees, 04minutes, 09 seconds, a radius of 1,332.51 feet, a chord bearing and distance of South 10 degrees,03 minutes, 09 seconds West, 94.61 feet, an arc distance of 94.63 feet to a 1I2-inch iron rod with“Pacheco Koch” cap set for corner at the end of said curve;

South 12 degrees, 05 minutes, 17 seconds West, a distance of 731.48 feet to a 112-inch iron rod with“Pacheco Koch” cap set for corner; said point being the southeast corner of said Lot 2, Block 2/8125:said point also being at the intersection of the said west line of the D.A.R.T. railway with the saidnorth line of Walnut Hill Lane;

THENCE, along the said north line of Walnut Hill Lane, the following two (2) calls:

South 88 degrees, 40 minutes, 42 seconds West, a distance of 256.85 feet to a 1/2-inch iron rod with“Pacheco Koch” cap set for corner;

Z089—262(RB) — Ex. B — Page 5 of 9

SHEET 1 OF 2

Subarea 8.doc2253-06.371AS.dwg

Exhibit B - p

iO912LEGAL DESCRIPTION ( 0SUBAREA B - Zoning Case No. No. Z067-190(Continued)

South 82 degrees, 58 minutes, 04 seconds West, a distance of 184.32 feet to the POINTOF BEGINNING;

CONTAINING, 486,132 square feet or 11.160 acres of and, more or less.


Z089—262(RB) — Ex. B — Page 6 of 9SHEET2OF2

Subarea B.doc2253-06.371AS.dwg

27852ExhibitBJ) dLEGAL DESCRIPTION

SUBAREACZoning Case No. Z067-190

Block 2/8125 — Woodstock,Part of Lots 1-A, Block 2/8125 and

1-C, Block 2/8125 - Jackson Square Addition No.1W.P. Wyche Survey, Abstract No. 1522

City of Dallas, Dallas County, Texas

DESCRIPTION, of a 32.457 acre tract of land situated in the W.P. Wyche Survey, Abstract No.1522, Dallas County, Texas; said tract being all of Block 2)8125 Woodstock, an addition to theCity of Dallas, according to the plat recorded in Volume 76211, Page 134 of the Deed Records ofDallas County, Texas; said tract also being all of a tract of land described in Special WarrantyDeed to Woodstock at Skillman recorded in Volume 2001237, Page 10123 of said Deed Records;said tract also being part of Lot 1-A, Block 2/8125 Jackson Square Addition No. 1, an addition tothe City of Dallas according to the plat recorded in Volume 76202, Page 379 of said DeedRecords and all of Lot 1-C, Block 2/8125 Jackson Square Addition No. 1, an addition to the Cityof Dallas according the plat recorded in Volume 77080, Page 18 of said Deed Records; said Lots1-A and 1-C being part of a tract of land described in Special Warranty Deed to DT Bella PalmsApartments recorded in Instrument Number 200600191816 of the said Deed Records; said tractalso being part of Block 8125 of the official Block Numbers of the City of Dallas; said Block 8125also being all of a tract of land described in a Special Warranty Deed to J.A. Ellsworth recorded inVolume 76223, Page 1339 of said Deed Records; said 32.457 acre tract being more particularlydescribed as follows:

BEGINNING, at a 1/2-inch iron rod with “Pacheco Koch” cap set at the northerly end of a cornerclip at the intersection of the south right-of-way line of Walnut Hill Lane (a variable width right-of-way) with the east right-of-way line of Skiliman Street (a variable width right-of-way);

THENCE, along the said south line of Walnut Hill Lane, the following four (4) calls:

North 88 degrees, 55 minutes, 17 seconds East, a distance of 80.55 feet to a nail foundfor corner;

South 87 degrees, 59 minutes, 40 seconds East, a distance of 199.51 feet to a 1/2-inchiron rod found for corner;

South 87 degrees, 24 minutes, 35 seconds East, a distance of 301.40 feet to a 1/2-inchiron rod with “Pacheco Koch” cap set for corner;

South 85 degrees, 22 minutes, 05 seconds East, a distance of 226.50 feet to a 1/2-inchiron rod found for corner; said point being the northeast corner of said Woodstock; saidpoint also being the northwest corner of a tract of land described in a deed to the City ofDallas, recorded in Volume 70219, Page 1291 of said Deed Records;

THENCE, South 22 degrees, 16 minutes, 21 seconds East, along the common line of Woodstockand said City of Dallas tract, a distance of 708.12 feet to a 1/2-inch iron rod found for corner onthe west line of a Dallas Area Rapid Transit right-of-way (150-foot wide at this point);

THENCE, along the said west line of the Dallas Area Rapid Transit, the following three (3) calls:

South 03 degrees, 45 minutes, 58 seconds East, a distance of 16.87 feet to a 112-inchiron rod found for corner;

South 03 degrees, 45 minutes, 58 seconds East, a distance of 434.11 feet to a 1/2-inchiron rod found for corner; said point being the beginning of a tangent curve to the right;

Z089—262(RB) — Ex. E — Page 7 of 9SHEET 1 OF 2

subarea C_revised.doc2253-07.126z2.dwg

Exhibit BLEGAL DESCRIPTION 1 0 0 9 12SUBAREA C - Zoning Case No. Z067-190 27 85 2(Continued)

In a southwesterly direction, along said curve to the right, having a central angle of 07degrees, 21 minutes, 39 seconds, a radius of 1,809.84 feet, a chord bearing and distanceof South 00 degrees, 05 minutes, 08 seconds East, 232.35 feet, an arc distance of232.51 feet to a 1/2-inch iron rod found for corner;

THENCE, South 86 degrees, 14 minutes, 00 seconds West, a distance of 1,058.58 feet to a pointfor corner on the said east line of Skillman Street;

THENCE, along the said east line of Walnut Hill Lane, the following five (5) calls:

North 03 degrees, 46 minutes, 00 seconds West, a distance of 1022 feet to a 112-inchiron rod found for corner;

North 04 degrees, 53 minutes, 35 seconds East, a distance of 2.02 feet to a 1/2-inch ironrod found for corner;

North 02 degrees, 22 minutes, 53 seconds East, along, a distance of 100.75 feet to a 3/8-inch iron rod found for corner (from said point a 5/8-inch iron rod found bears South 02degrees, 08 minutes, East, a distance of 2.9 feet);

North 01 degrees, 53 minutes, 47 seconds East, a distance of 199.81 feet to a 1/2-inchiron rod found for corner; said point being the beginning of a non-tangent curve to theright;

In a northerly direction along said curve to the right, having a central angle of 01 degrees,08 minutes, 56 seconds, a radius of 5639.65 feet, a chord bearing and distance of North03 degrees, 54 minutes, 54 seconds West., 113.10 feet, an arc distance of 113.10 feet toa 1/2-inch iron rod found for the end of said curve; said point being the southerly end ofsaid corner clip at the intersection of the said east line of Skiliman Street with the saidsouth line of Kingsley Road;

THENCE, North 57 degrees, 36 minutes, 23 seconds East, along said corner clip, a distance of17.83 feet to the POINT OF BEGINNING;

CONTAINING, 1413,851 square feet or 32457 acres of land, more or less.


Z089—262(RB) — Ex. B — Page 8 of 9

SHEET2OF2subarea C_revised.doc2253-07.126z2.dwg

27852LEGAL DESCRIPTION 0 0 9 12

SUBAREA DZoning Case No. Z067-190Part of Lots 1-A, Block 2/8125Jackson Square Addition No.1

W.P. Wyche Survey, Abstract No. 1522City of Dallas, Dallas County, Texas

DESCRIPTION, of a 13.692 acre tract of land situated in the W.P. Wyche Survey, Abstract No.1522, Dallas County, Texas; said tract being part of Lot 1-A, Block 2/8125 Jackson SquareAddition No. 1, an addition to the City of Dallas according to the plat recorded in Volume 76202,Page 379 of Deed Records of Dallas County, Texas; said tract being part of a tract of landdescribed in Special Warranty Deed to DT Bella Palms Apartments recorded in InstrumentNumber 200600191816 of the said Deed Records; said 13.692 acre tract being more particularlydescribed as follows:

BEGINNING, at a 1/2-inch iron rod found at the southwest corner of said Lot 1-A and the eastright-of-way line of Skiliman Street (a variable width right-of-way); said point also being thenorthwest corner of Lot 2, Block 3/8125 Willow Park Condominiums, an addition to the City ofDallas, according to the plat recorded in Volume 83036, Page 2555 of said Deed Records;

THENCE, North 03 degrees, 46 minutes, 00 seconds West, along the said east line of Walnut HillLane, a distance of 548.86 feet to a point for corner;

THENCE, North 86 degrees, 14 minutes, 00 seconds East, a distance of 1,058.58 feet to a pointfor corner on the west line of a Dallas Area Rapid Transit right-of-way (150-foot wide at thispoint); said point being the beginning of a non-tangent curve to the right;

THENCE, in a southwesterly direction, along the said west line of the Dallas Area Rapid Transitand along said curve to the right, having a central angle of 17 degrees, 41 minutes, 21 seconds, aradius of 1,80984 feet, a chord bearing and distance of South 12 degrees, 26 minutes, 22seconds West, 556.55 feet, an arc distance of 558.77 feet to a point for the end of said curve(from said point a 1/2-inch iron rod found bears South 46 degrees, 13 minutes West, a distance of1.1 feet);

THENCE, South 21 degrees, 17 minutes, 02 seconds West, a distance of 142.04 feet to a 1/2-inch iron rod with “Pacheco Koch” cap set for corner; said point being the southeast corner ofsaid Lot 1-A and being the northeast corner of said Lot 2;

THENCE, North 86 degrees, 03 minutes, 00 seconds West, along the common line of said Lot 1-A and said Lot 2, a distance of 850.82 feet to the POINT OF BEGINNING;

CONTAINING, 596,424 square feet or 13.692 acres of land, more or less.


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