HomeMy WebLinkAboutOrdinances (O-91-810)-03/05/1991
1
~~1/
\/I~--?f~. I~'
4' 0"-'1 t' .
~d-
AN ORDINANCE REQUIRING LANDSCAPING FOR ALL NEW CONSTRUCTION
OCCURRING WITHIN ZONING DISTRICTS "C-PO", "CN", "CC", "ML", "PUD-
C", "PUD-I" AND INSTITUTIONAL USES INCLUDING CHURCHES, SCHOOLS AND
GOVERNMENTAL FACILITIES; PROVIDING MINIMUM STANDARDS AND CRITERIA
FOR NEW LANDSCAPING WITH LIVE PLANT MATERIAL; PROVIDING A PENALTY
CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE.
ORDINANCE NO. 0-91-810
2
3
4
5
6
WHEREAS, the Planning and Zoning commission has made a
recommendation to the City Council to adopt landscaping
requirements for new commercial and institutional
development in the City of colleyville; and
7
8
WHEREAS, landscaping will promote the value of property, enhance
the welfare, safety and health of the citizens, and
improve the physical appearance of the city of
Colleyville; and
9
10
WHEREAS, the City Council desires to promote a positive image for
the attraction of new commercial business to the City of
colleyville.
11
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
12 COLLEYVILLE, TEXAS:
13
Sec. 1
THAT section 24 of the colleyville Zoning Ordinance is
amended by adding section 24.16 "Landscaping".
14
INTENT: The intent of this ordinance is that landscaping
shall not be limited to only the application of turf or
grass; but landscaping shall include the coordinated
planting (or retention) of grass, shrubs, ground cover,
flowering plants, and trees and the grading or moving of
earth to form a visually aesthetic and pleasing
environment. The review of all site plans will consider
the applicants efforts in coordinating a variety of plant
material with the physical features of the property.
Sec. 2
15
16
17
18
LANDSCAPING COMPLETED PRIOR TO ISSUANCE OF CERTIFICATE OF
OCCUPANCY: All landscaping shall be installed prior to
the issuance of a Certificate of Occupancy. A permanent
certificate of Occupancy will be issued only when it is
determined by the building official that all landscaping
has been installed in accordance with the approved
landscape plan. If it is determined by the building
official that planting of live material is hindered by
adverse weather conditions, a temporary certificate of
Occupancy may be issued for a period up to three months.
Sec. 3
19
20
21
22
23
Sec. 4
REQUIRED LANDSCAPE MIXTURE: Twenty percent (20%) of the
total land area in any proposed development shall be
24
-1-
25
26
10
11
12
13
15
16
17
18
20
21
22
23
24
25
Ordinance 0-91-810
1
2
3
4
5
6
7
8
9
Sec. 5
14
Sec. 6
19
26
landscaped. At least fifty percent (50%) of the total
landscaped area shall be located in the street yard(s)
(Exhibit A). In order to insure for a variety of plant
material the following minimum requirements for grass,
shrubs, and trees shall be provided:
A.
All ground surfaces not used for buildings,
sidewalks, roadways or other impermeable surfaces
shall be covered with live grass, turf, shrubbery,
trees, ground cover, flowering plants or
appropriate mulching.
B.
SHRUBS: Shrubs shall be provided such that one 18"
in height plant or five (5) gallon plant shall be
planted on-site for each five (5) lineal feet of
public street rights-of-way located adjacent to the
property.
TREES: Landscaping shall include the retention or
planting of one (1) three (3) inch caliper tree per
each forty (40) feet of street frontage on Arterial
Streets as so defined on the Thoroughfare Plan,
which shall be included in the twenty (20) percent
required landscaping. These trees to be planted on
the street frontage.
C.
LANDSCAPE PLANS REQUIRED: Prior to the issuance of a
building permit for any non-residential use, a Landscape
Plan shall be submitted, as an element of the required
site plan, to the City Manager or his appointed designee.
The City Manager or his appointed designee, which may be
either a staff member or other official body of the City,
shall review such plans and shall approve same if the
plans are in accordance with the criteria of these
regulations. If the plans are not in accordance, they
shall be disapproved and shall be accompanied by a
written statement setting forth the changes necessary for
compliance.
CONTENT OF LANDSCAPING PLANS: Landscaping Plans shall be
prepared by a Texas Licensed landscape architect.
Landscape Plans shall contain the following information:
1.
minimum scale of one inch equals 40 feet except as
approved by the City Manager or his approved
designee;
2.
location of all trees to be preserved;
3.
location of all plants and landscaping material to
be used including pav1ng, benches, screens,
fountains, statues, or other landscape features;
-2-
Ordinance 0-91-810
1
2
3
4
5
6
7
8
9
10
11
12
13
Sec. 7
14
15
16
17
18
19
20
21
22
23
24
25
26
4. species of all plant material to be used;
5. size of all plant material to be used;
6. quantity and spacing of plant material where
appropriate;
7. a general layout and description of irrigation,
sprinkler or water systems, including placement of
water sources as designed by a licensed irrigator;
8. description of maintenance provisions for the
Landscape Plan;
9. all Landscape Plans to be sealed by a Texas
Licensed Landscape Architect;
10. provide planting and irrigation specifications as
part of the Landscape Plan;
11. provide name and address of the owner, location of
the subject property, surrounding zoning, utility
lines, water mains and easements, public or private
streets and drives;
12. provide a general grading and drainage plan.
DESCRIPTION OF PLANTING MATERIAL: Landscape plant
material may be selected from the following list, however
the applicant may use other plant material not listed if
it is determined to be appropriate and functional element
of the landscape plan.
1. Overstory Trees (Range from 30 to 60 feet)
Bald Cypress
Cedar Elm
Lacebark Elm
Pecan
Chinese Pistache
Bur Oak
Red Oak
Sweet Gum
Green Ash
Live Oak
Western soapberry
Post Oak
Black Jack Oak
Eastern Red Cedar
Southern magnolia
Slash pine
Japanese black pine
Taxodium distichum
Ulmus crassifolia
Ulmus parvifolia
Carya illinoinesis
pistacia chinesis
Quercus macrocarpa
Quercus shumardii
Liquidambar styraciflau
Fraximus pennyslvanica
Quercus virginiana
Sapindus drummondii
Quercus stallata
Quercus marilandica
Juniperus virginiana
Magnolia grandiflora
Pinus elliotii
Pinus thunbergi
-3-
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Ordinance 0-91-810
1
2
Austrian pine
Afgan pine
pinus nigra
pinus eldarica
3
2.
Accent Trees (Range from 10 to 20 feet)
4
Redbud
Crape myrtle
Yaupon holly
Bradford pear
5
6
Texas sophora
7
wild plum
Crab apple
Deciduous holly
Flameleaf sumac
Cherry-laurel
Chase tree
8
9
cercis canadensis
Langerstroemia indica
Ilex vomitoria
purus calleryana
'Bradford'
Sophora affinis
Prunus americana
Malus augustifolia
Illex decidua
Rhus copallina
Prunus caroliniana
vitex angus-castus
3.
Shrubs (Range from 3 to 5 feet)
Dwarf crape myrtly
Dwarf buford holly
Dwarf chinese holly
Dwarf yaup on holly
Fraser's photinia
Purple sage
Purple leaf japanese
barberry
Pampus grass
Nandina
Juniper supp.
Fountain grass
Langerstoemia indica
nana
Illex cornuta 'barfordii
nana'
Illex cornuta 'rotunda'
Illex vomitoria 'nana'
Photinia Fraseri
Leucophyllum frutescens
Berberis thumbergii
'atropurpurea'
Cortaderia selloana
Nandina domestica
Juniperus chinensis
pennisetum sp.
4.
Ground Cover (Ranges from 18 inches)
Juniper supp.
periwinkle
Liariope
Asian jasmine
Confederate Star
Jasmine
Monkey grass
5.
Vines
Coral honeysuckle
Juniperus horizontalis
or procumbens
Vinca major
Liriope muscari
Trachelospermun asiaticum
Trachelospermun jasminoides
OP hipogon
Lonicera sempervirens
-4-
Ordinance 0-91-810
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Sec. 8
16
17
18
19
20
21
22
23
24
25
26
Carolina yellow
jasmine
Lady banksia rose
Cross vine
Sweet autumn clematis
virginia creeper
Gelsemium sempervirens
Boston ivy
Rosa baksiae
Bignonia capreolata
Clematis paniculata
Parthenociassuss
quinquefolia
Parthenociassus
tricuspidata
6. Perennial and Annual Flowers
Chrysanthemum
Canna
Copper leaf
Periwinkle
Iris
Lantana
Daffodil
Chrysanthemum supp.
Canna generalis
Acalyopha Wilkesiana
Catharanthus roseus
Iris supp.
Lantana Camera
Narcissus Jonquil, Tazetta,
& King Alfred
Petunia hybrida
Tagetes supp.
Tulipa supp.
zinnia supp.
Caladium hortulanum
'candidum' 'pink beauty'
Portulaca gandiflora
Petunia
Marigold
TUlip
Zinnia
Caladium
Moss rose or portulaca
Wild flowers
LANDSCAPING CREDIT: Landscape credits may be applied to
the overall landscape requirement, as indicated in
section 4 Required Landscape Mixture. However, in no
instance shall the credits reduce the total amount of
landscaping on a lot to less than fifteen (15) percent of
the total land area. Credits will only be allowed if
they are maintained as a permanent element of the
landscape plan. Credits may be obtained as follows:
A. For each two (2) square foot of area that is
landscaped in the public street right-of-way, one
(1) square foot of landscape credit will be applied
to the overall landscaping requirement.
B. For each one (1) square foot of area that is
landscaped with flowering seasonal color, two (2)
square foot of landscape credit will be applied to
the overall landscaping requirement.
-5-
Ordiannce 0-91-810
1
2
3
4
5
6
7
8
9
10
11
12
13
14 Sec. 9
15
16
17
18
19
20
21
22
23
24
25
26
C. Over and above the required shrub planting, for
each newly planted shrub 18" in height or contained
in a five (5) gallon container, which is maintained
in a living and growing condition, fifteen (15)
square feet of landscape credit will be applied to
the overall landscape requirement.
D. Over and above the required tree planting, for each
newly planted or existing tree of at least three
(3) inches in trunk diameter, measured twelve (12)
inches above grade, which is maintained in a living
and growing condition, one hundred (100) square
feet of landscape credit will be applied to the
overall landscape requirement. Planting of two (2)
ornamental trees of eight (8) feet height shall
receive the same landscape credit as one (1) three
(3) inch caliper tree.
E. Over and above the required tree planting, for each
newly planted or existing tree of at least six (6)
inches in trunk diameter, measured twel ve ( 12)
inches above grade, which is maintained in a living
and growing condition, two hundred fifty (250)
square feet of landscape credit will be applied to
the overall landscape requirement. Each additional
one ( 1) inch diameter of tree over twel ve ( 12)
inches shall receive twenty (20) square feet of
landscape credit.
MAINTENANCE OF LANDSCAPING: All landscaping maintenance
shall be the responsibility of the property owner. The
following minimum standards shall be required:
A. All landscaping shall be permanently maintained and
shall have an underground irrigation system
installed by a licensed irrigator and must meet all
applicable requirements of the city.
B. Irrigation systems may be buried on public street
rights-of-way. The City or any franchised utility
will not be responsible for damage to any
landscaping material or equipment while performing
repairs of maintenance to its system. However,
landscaped right-of-ways shall be irrigated;
C. Landscaped areas shall be kept free of trash,
litter, weeds and other such material or plants not
a part of the landscaping;
D. All plant materials shall be maintained in a
healthy and growing condition as is appropriate for
the season of the year; and
-6-
Ordinance 0-91-810
1
2
3
Sec. 10
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
E. Plant materials which die shall be replaced with
plant material of similar variety and size within a
six (6) month period.
LANDSCAPING OF PARKING LOTS: It is the intent of this
section to encourage design and construction of parking
areas in a manner whereby areas within the parking lot
are landscaped as well as areas considered unusable for
parking or maneuvering space. The following minimum
requirements shall be observed:
A. Parking lots shall contain a minimum of one hundred
forty (140) square feet of landscaped island per
each eighteen (18) contiguous parking spaces
required. This landscape island is to include one
(1) three (3) inch caliper tree.
B. Landscaped islands shall be irrigated by an
underground system as indicated in Section 9
Maintenance of Landscaping. Irrigation of all
landscaped areas adjacent to any parking and/or
driving surfaces shall be accomplished such that a
minimum amount of water is applied to parking
and/or driving surfaces.
C. All shrubbery, flowering plants, and trees planted
in parking lot islands or adjacent to parking lots
shall be set back three (3) feet from any curb and
that provides for "head-in" automobile parking
( Exhibit A) .
D. Landscape material in parking lots shall include
shrubs and trees or a combination thereof, which in
turn may be planted with a combination of grass,
ground cover, and/or flowering plants.
E. All landscaping within the parking lot shall be
located within a landscape island or module,
delineated from the surrounding paved area by a
curb or barrier, constructed of masonry or
concrete, of not less than six (6) inches in height
around the perimeter of the island or module.
F. At least three-fourths (3/4) of the tree drip line
area must be in permeable area (Exhibit B).
G. For larger existing trees located in the parking
area, which are being retained and incorporated
into the landscape plan, an appropriate aeration
system or an alternative method of protecting the
tree must be provided and detailed in the landscape
plan.
-7-
Ordinance 0-91-810
1
Sec. 11
2
3
4
5
6
7
8
Sec. 12
9
10
Sec. 13
11
12
Sec. 14
13
14
15
16
17
18
19
20
21
22
Sec. 15
23
24
25
26
LANDSCAPING ADJACENT TO RESIDENTIAL DISTRICTS: For any
development in "C-PO", "CN", "CC", "ML", PUD-C, PUD-I and
institutional uses including, churches, schools, and
governmental facilities which includes all zoning except
residential districts and "AG" used for residential and
pure agricultural uses, zoning districts which abut
districts zoned residential or mobile home there shall be
a minimum twenty (20) foot wide green belt of "li ve plant
material of the evergreen variety" which is expected to
grow to six (6) feet height in two (2) years, a minimum
of three (3) feet in height at the time of installation
and planted on six (6) foot centers, for the entire
distance along which the development abuts the
residential district. Where a fire lane is required, the
green belt may be reduced to five (5) feet (Exhibit C).
CONFLICT WITH TRAFFIC: Landscape planting shall not be
erected or installed in such a manner as to interfere
with traffic view or impose a safety hazard.
SPECIAL PERMITS; APPEALS; EXCEPTIONS: Any person
aggrieved by this ordinance may appeal its effect to the
Zoning Board of Adjustment on the basis of hardship.
EXISTING NONCONFORMING USES AND/OR STRUCTURES: All uses
that are in existence at the time of this Landscape
Ordinance, which do not meet the requirements provided
herein, will be considered as being nonconforming to
these landscape requirements. These nonconforming
uses/structures will be subject to section 5 of the
Zoning Ordinances of the City, unless otherwise provided
for in this section.. A variance to landscaping
requirements may be granted, regardless of areas of
noncompliance, upon completion of the following:
A.
Provide the City Manager or his appointed designee
wi th a landscape plan prepared by the landscape
architect for review and approval.
B.
Said landscape plan will illustrate a plan to
landscape area as available, provide for
irrigation, and provide for completing the plan.
C.
The installation of landscaping as indicated by the
landscape plan is completed and approved by the
City Manager or his appointed designee.
SEVERABILITY OF THE PARTS. That the terms and provision
of the Ordinance shall be deemed to be severable and that
if the validity of any section, subsection, sentence,
clause or phrase of this Ordinance should be declared to
be invalid in any Court of competent jurisdiction, the
-8-
Ordinance 0-91-810
1
2
same shall not affect the validity of any other section,
subsection, sentence, clause or phrase of this ordinance,
which remaining portions shall remain in full force and
effect.
3
4
Sec. 16
Any person, firm or corporation violating any of the
prov1s1ons of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be fined in
a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall
constitue a separate offense and shall be punishable as
such.
5
6
7
Sec. 17
The City Secretary is herby authorized and directed to
cause publication of the descriptive caption and penalty
clause hereof as an alternative method of publication
provided as law.
8
9
10
AND IT IS SO ORDERED.
11
The firtt reading an hearing being conducted on the
,:!J.-JI Iday of ' 1991.
The se~nd read in an publ' hearing being conducted on the
Sf-/i.; day of . -UUJ.. /u. 1991.
The th~rd readin~ n publi hearing being conducted on the
--J!1..!.2-- da y 0 f I.JZA_.C' 1991.
(W~'-tLO.. {j7l{&~---l /' 6;' /9fl
AT S~: t2!2.-- /;-~F /~~LL~:VI;E /: ~
~J/jA_ J~ :~'l/";;;;;;? ~ //.:;:/~_/~~
aVad~~ on .e&~fs HawkHlST~ /i - /' 'Cj ~~<r::. -
City Secretary Mayor
~ED ""fOf!ORM AND LEGALITY:
Ross T.~O~
City Attorney
12
13
14
15
16
17
18
19
20
jh/ord/landfinal
21
22
23
24
-9-
25
26
/
Ordinance 0-91-810
EXHIBIT A
50% of landscape square footage requirement to occur in "street yard"
Parking Lot
Regularly Spaced Landscape
Areas in Parking Lot
Commercial
Bldg.
~
Existing Trees to be Retained and
Protected where Possible
Street Yard Landscaping Requirements
Public Stree
Trees and shrubs to be set back 3 feet
from curb or curb stop for plant protection
Landscape Requirement for Head-in Parking
Ordinance 0-91-810
EXHIBIT B
J..~::.;.
Dripline
~.,
:.. ,';l~i~::'J:.
l;:;_l'--'Y"~~ .:
j..:. i. .::".~/.'..- ~~.:.':
~~... JI....;. .:....
..'1ir.i: ~=~..: t,"
u::'':.. ."lir.:.':
I,. .:...
'i_
Landscaped Island
3'
Parking Lot
Dripline Area
1
1
1
1
1
1
I
..
I
I
1
1
I
I.
1
3/4 of Dripline Area To be Located
within Island and Irrigation System
Description of Dripline
Fence
'"
RESIDENTIAL
.I"y ,,~..
Fen~
RESIDENTIAL
.,..", "....,...
Ordinance 0-91-810
RXHTBIT C
.-
.-.."."...,
..J'}::z_
._.I~.J~_
~~.$~- Trees of Shrubs Planted in Landscape ButTer
..-. ~~";,.~Area Shall be Evergreen Variety
~~ 50.....,...-....
-"-. J ~......-.
-~..,..... -"""-. -.
'_.$~~"Gf'~
"':':.lt~~ ~J,;J7~_
.-.#~~:t .,......e--.
.-.I,\,,>>_ .-J~_
':lr:
4UI.u.~ ,.~ ..~4UI.n~ ".. u,j4UI.n~ ".. ...7i!4UI.n.JLu".. ...7i!4UI.n.JLu ,.....
~
~
/'
~
20' Landscape Buffer wI Evergreen Planting @six(6) ft. spacing
25' Setback Required at Locations where
C.PO, CN, C.C, M.L Districts Abut Residential Districts
Rear and Side Landscape Buffer Requirement
without Fire Lane Provided
.-
.-.$~
.-J~_
.-.$~-
..J~_
~-~-".$~-.._ Trees of Shrubs Planted in Landscape ButTer
_.._."" ~~';"~Area Shall be Evergreen Variety
_~ s."-~"'"
-.... J 4""~"..
-~~..-. -..,...-. -.
-~~~
...$~_ _ors-"-,
. i"s_
-"'"" -~~"'i";o,
.~ -
.-.$~-
.-J_!,_1 .-.$"tw_
..$~~~~
. -
.-.si"s_ t ..J<t'oo_
~ ~ -.$<t'oo_
_.lUIaoILou,.ll.. _.lUI...........
~
-%
?'
/ F',. La.e
~
S' Landscape Buffer
wi Evergreen Planting
@ six (6) ft. spacing
20' Provided for Emergenc:y or Fire Lane
Ac:c:ess to Rear and Side or Struc:ture
25' Setbac:k Required at Locations where
C-PO, CN, C.C, M-L Districts Abut Residential Distric:ts
Rear and Side Landscape Buffer Requirement
with Fire Lane Provided
Commercial
Building
(Max. 25' in
Height)
Commercial
Building
(Max. 25' in
Height)