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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)