Item 6ACITY OF
SOUTHLAKE
MEMORANDUM
September 28, 2011
To: Shana Yelverton, City Manager
From: Ken Baker, AICP — Director of Planning & Development Services
Subject: Ordinance No. 544 -B, Amendment to the City of Southlake Landscape
Ordinance No. 544 -A
Action
Requested: Conduct a public hearing and consider second reading approval of
Ordinance No. 544 -B, proposed amendments to the City of Southlake
Landscape Ordinance 544 -A.
Background
Information: City Council approved the City's Ordinance and Project Priority Schedule
on October 5, 2010. Included on the schedule was an amendment to the
Landscape Ordinance, specifically to provide provisions requiring
bubbler systems for tree plantings.
The revisions proposed include:
- Tree irrigation requirements to insure adequate water supply is
provided to newly planted trees through use of bubbler irrigation,
low pressure drip systems or similar methods;
- Requirement for smart controllers on irrigations systems;
- Compliance with the Texas Commission on Environmental
Quality (TCEO);
- Compliance with applicable City Plumbing Codes related to
Irrigation;
- Clarification regarding parking lot landscape islands;
- New definitions related to proposed revisions;
Financial
Considerations: None.
Strategic Link: Quality Development
Citizen Input/
Board Review: A SPIN meeting was held on August 8, 2011. The SPIN report is
included on Pages 43 — 44.
Legal Review: This ordinance is under review by the City Attorney.
Alternatives: 1) Approve the amendment as presented;
2) Approve with modifications to the proposed amendment;
3) Deny the proposed amendment.
1
Supporting
Documents: A) Ordinance No. 544 -B "Redline - Strike Out" Version — Pages 3 - 22;
B) Ordinance No. 544 -B "Clean" Version — Pages 23 - 42
B) SPIN Report — Pages 43 - 44.
City Council
Action: September 6, 2011; Approved (7 -0).
"Redline - Strike Out" Version
LANDSCAPE ORDINANCE NO. 544 — B
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE
544; REVISING AND AMENDING REGULATIONS FOR THE INSTALLATION
OF LANDSCAPING IMPROVEMENTS ON NON - RESIDENTIAL
CONSTRUCTION AND MULTI - FAMILY CONSTRUCTION, OTHER THAN
DUPLEX USES; REVISING CERTAIN DEFINITIONS; AMENDING
REQUIREMENTS FOR THE SUBMISSION OF LANDSCAPE AND
IRRIGATION PLANS; REVISING REQUIREMENTS FOR LANDSCAPING
IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY; PROVIDING FOR
MAINTENANCE OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR
MODIFICATIONS, VARIANCES, AND APPEALS FROM THIS ORDINANCE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and,
WHEREAS, the City Council of the City of Southlake has determined that minimum landscaping
requirements for non - residential and multi - family dwelling (other than duplex) uses are necessary to
adequately protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
LANDSCAPE ORDINANCE 544 -1 - B Amended: _ Page 3
LANDSCAPE ORDINANCE
Table of Contents
PAGE
1.0 PURPOSE AND INTENT 4
2.0 DEFINITIONS
2.1 General Rules 4
2.2 Definitions 4
3.0 LANDSCAPE /IRRIGATION REQUIREMENTS
3.1 General 6
a. Existing Buildings 6
b. Pad Site Developments 6
C. Expansion or Reconfiguration of Paved Areas 6
3.2 Bufferyards 6
3.3 Interior Landscape Area Requirements 6
a. Calculating Interior Landscape Area 6
Planting Requirements 7
le. Example 7
Location Requirements 7
Water Conservation Credits 7
3.4 Parking Lot Landscape Area Requirements 7
a. Existing Trees 8
b. Planting Requirements 8
C. Parking Garages 8
3.5 Visibility Triangle 8
3.6 Irrigation Requirements 8
a. Minimum Standards for Irrigation _ Systems 8
b. Water Conservation 8
C. Tree Irrigation Requirements 9
d. Smart Controllers 9
4.0 EXISTING TREE PRESERVATION
4.1 General 9
4.2 Existing Tree Credits 9
a. Existing Tree Credit Calculation 9
b. Existing Tree Replacement 9
5.0 PLANT MATERIAL
5.1 Quality Standard 9
5.2 Recommended Plants 10
5.3 Size Requirements When Planted 10
a. Tree Measurement 10
b. Minimum Sizes 10
6.0 LANDSCAPE /IRRIGATION PLAN REQUIREMENTS
6.1 Qualifications to Prepare Plans 10
6.2 Landscape Plan Requirements 10
6.3 Irrigation Plan Requirements 11
LANDSCAPE ORDINANCE 544 -1 - B Amended: _
Page 4
LANDSCAPE ORDINANCE
Table of Contents (continued)
18.0 EFFECTIVE DATE 16
19.0 APPENDICES 16
Appendix `A' - Recommended Plants
Appendix `B' - Required Landscape Summary
Appendix `C' - Typical Plant List
LANDSCAPE ORDINANCE 544 -1 - B Amended: _
Page 5
Page
7.0
OTHER RELATED REQUIREMENTS
7.1 Screening (Ord. 480, Section 39)
12
7.2 Outside Storage (Ord. 480, Section 38)
12
7.3 Bufferyards (Ord. 480, Section 42)
12
8.0
IMPROVEMENTS IN PUBLIC R.O.W. /EASEMENTS
8.1 General
12
8.2 Replacement Responsibilities
12
9.0
REVIEW PROCEDURES
9.1 Submittal Requirements
13
a. Application Checklist
13
b. Fees
13
9.2 Authority for Review
13
9.3 Review Process
13
10.0
MAINTENANCE
10.1 General
13
10.2 Plant Material Replacement
13
a. Deferral of Landscape Replacement
10.3 Plan Requirements
13
11.0
ENFORCEMENT
11.1 Building Permit
13
11.2 Certificate of Occupancy
14
a. Temporary Certificate of Occupancy
14
11.3 Deferral of Required Landscape Installation
14
12.0
MODIFICATIONS, VARIANCES AND APPEALS
12.1 Modifications
14
12.2 Variances and Appeals
14
13.0
VIOLATIONS
15
14.0
SEVERABILITY
15
15.0
CONFLICTING ORDINANCES
15
16.0
SAVINGS CLAUSE
15
17.0
PUBLICATIONS CLAUSE
15
18.0 EFFECTIVE DATE 16
19.0 APPENDICES 16
Appendix `A' - Recommended Plants
Appendix `B' - Required Landscape Summary
Appendix `C' - Typical Plant List
LANDSCAPE ORDINANCE 544 -1 - B Amended: _
Page 5
Appendix `D' — Application
LANDSCAPE ORDINANCE
1.0 PURPOSE AND INTENT
The purpose of this ordinance is to provide for the orderly and aesthetic development of the City
and to promote the health, safety and general welfare of the community. It is the intent of this
ordinance to achieve the following:
- A balance between the need for landscape treatments and the need for commercial growth in the
City.
- Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these
requirements.
- Promote mutually beneficial improvements by utilizing incentives rather than penalties.
- To aid in stabilizing the environment's ecological balance by contributing to the processes of air
purification, oxygen regeneration, ground -water recharge, storm water runoff retardation and
erosion control.
- Provide for the separation and buffering of incongruous uses and intensity of activities; and
provide for the visual softening of building masses.
- Reduce glare from paved surfaces, dust nuisances and the impact of noise.
- Protect and promote the value of residential and commercial properties within the City.
- Promote a positive image for the attraction of new business enterprises within the City.
- Encourage the protection of healthy trees and vegetation and promote the natural ecological
environmental and aesthetic qualities of the City;
2.0 DEFINITIONS
2.1 GENERAL RULES: For the purpose of this ordinance, the following rules shall be applied
in constructing, interpreting or otherwise defining the terms and provisions hereof:
1. Words used in the present tense shall include the future, words used in the singular
number shall include the plural number and words used in the plural shall include
the singular.
2. The word "shall" is mandatory and the word "may" is permissive.
2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable
hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not
defined in this ordinance shall have the meanings ascribed thereto in the Comprehensive
Zoning Ordinance of the City. Words and terms defined in both ordinances shall be read in
harmony unless there exists an irreconcilable conflict in which case the definition contained
in this ordinance shall control.
LANDSCAPE ORDINANCE 544 -1 - B Amended: _ Page 6
BUBBLER, IRRIGATION: Any irrigation emission device which provides a slow trickle
or low emission rate of water into the ground next to plant roots.
BUFFERYARD A bufferyard is a unit of land, together with a specified amount of
planting thereon, and any structures which may be required between land uses to eliminate
or minimize conflicts between them.
BUILDING FOOTPRINT The area of the building in contact with the ground.
CALIPER Diameter of the trunk measured one foot (F) above ground level.
CANOPY TREES A perennial woody plant, single or multiple trunk, contributing to the
uppermost spreading branchy layer of a forest and may be commonly referred to as shade
trees.
DBH Diameter at breast height, 4.5' above ground level.
GROUND COVER Low growing, dense spreading plants typically planted from
containers.
INTERIOR LANDSCAPE AREA The area of the lot remaining after subtracting out the
area included in the required bufferyards.
LANDSCAPE ADMINISTRATOR The City Manager or his designee.
LANDSCAPE ARCHITECT A person registered as a Landscape Architect in the State of
Texas pursuant to state law.
LANDSCAPE AREA An area which is covered by living grass, ground cover, or other
plant materials.
LAWN GRASSES Thin bladed surface growing plants typically planted from seed, sprigs
or plugs.
LICENSED IRRIGATOR A person duly licensed by the State of Texas to design and
install irrigation systems.
OWNER Any person who has a legal or equitable interest in real property, including a
tenant or person in control of any premises upon which landscaping is required to be
placed under this ordinance.
PERMEABLE PAVEMENT A paving material that permits water penetration.
R.O.W. PARKWAY That area within the public right -of -way (R.O.W.) between the back
of curb or edge of pavement and the right -of -way line.
SEASONAL COLOR Landscape areas used for annual and perennial flowers intended to
maintain year -round color accents.
SHRUBS Plants which grow vertically in a multi- branched growth pattern.
SMART CONTROLLER: An irrigation controller that monitors depletion of available
LANDSCAPE ORDINANCE 544 -1 - B Amended: � Page 7
plant soil moisture in order to operate an irrigation system, replenishing water as needed
while in* imizing excess water use.
UNDERSTORY /ACCENT TREES Small evergreen or deciduous perennial woody plants
which would grow below the top layer of the forest and typically has unique branching,
textural or seasonal color characteristics.
WATER CONSERVATION: The desis4n, installation, service, and operation of an
irrigation system in a manner that prevents the waste of water, promotes the most efficient
use of water, and applies the least amount of water that is required to maintain healthy
individual plant material or turf, reduce dust, and control erosion.
3.0 LANDSCAPE / IRRIGATION REQUIREMENTS
3.1 GENERAL: The requirements herein shall apply to all new non - residential construction
and multi - family construction other than duplex uses. The requirements for landscaping
shall combine the bufferyard requirements, minimum landscape areas on the interior
portion of the lot, and minimum landscape areas for parking areas.
a. Existing buildings: Buildings in existence on the effective date of this ordinance
shall be considered legally nonconforming as it pertains to this ordinance. New
construction greater in size than 30% of the existing building or greater than 5,000
square feet shall require compliance with this ordinance as it applies to the entire
square footage of the existing building and proposed addition. New construction
intended to increase the square footage by less than 30% of the existing building or
less than 5,000 square feet shall be required to meet the requirements herein only
as it pertains to the square footage of the new construction.
b. Pad site developments: Pad site developments or ground lease developments shall
be required to provide landscaping in accordance with the interior landscape
requirements of Section 3.3 herein.
Expansions or Reconfiguration of Paved Areas: Any expansion or reconfiguration
of paved areas shall comply with Section 3.4 herein.
3.2 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning
Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape
Plan.
3.3 INTERIOR LANDSCAPE AREA REQUIREMENTS: The amount of landscape area
required on the interior of the lot (excludes bufferyards) shall be based on the square
footage of the proposed buildings. The square footage of the building for the purposes of
this ordinance will be the square footage of the first floor or the square footage of the
largest floor, whichever is greater.
a. Calculating Interior Landscape Area: The required landscape area for each zoning
shall be based on the percentage ( %) of the floor area as determined above in
accordance with the following chart.
LANDSCAPE ORDINANCE 544 -1 - B Amended: _ Page 8
ZONING PERCENT(
MF -2, 0-1, 0 -2 . . . . . . . . . . . . . . . . . . .
C -1, C -2, C -3, HC . . . . . . . . . . . . . . . . . .
CS, B -1 . . . . . . . . . . . . . . . . . . . . . . .
C -4, B -2 . . . . . . . . . . . . . . . . . . . . . . .
I -1, & I -2 Building less than 10,000 S.F.. . . . . . .
I -1, & I -2 Buildings 10,000 S.F. or greater . . . . . .
V FLOOR AREA
50%
50%
30%
20%
20%
15%
All buildings in SP 1 and SP2 and buildings other than Single Family or Duplex
uses within PUD or other districts shall meet the requirements of the closest
zoning category noted above.
b. Planting Requirements: The following plants shall be required, at a minimum,
within the required interior landscape areas at the ratio indicated.
- 1 Canopy Tree per 500 square feet
- 1 Understory Tree per 250 square feet
- 1 Shrub per 40 square feet
- Ground Cover - 15% of required area
- Seasonal Color — 2% of required area
c. Example: Three story office building (0 -2 Zoning), each floor has 4,000 square
feet.
First Floor = 4,000
Second Floor = 0
Third Floor = 0
Effective Floor area 4,000
Times 50% x .50
= Required Landscape area 2,000 sq.ft.
Required Canopy Trees @ 11500 sq. ft. = 4
Required Understory Trees @ 1/250 sq. ft. = 8
Required Shrubs @ 1/40 sq. ft. = 50
Required Ground Color area @ 15% = 300 sq. ft.
Required Seasonal Color @ 2% = 40 sq. ft.
d. Location Requirements: A minimum of 75% of all required interior landscape area
and plant material within the interior landscape areas shall be in the front and
along either side of the building between the building and the interior edge of the
required bufferyards and a portion thereof shall be placed adjacent to the building
where practical.
e. Water Conservation Credits: Where irrigation systems in accordance with Section
3.6' b herein are utilized in at least 75% of all shrub beds, the required landscape
area may be reduced by 5 %.
3.4 PARKING LOT LANDSCAPE AREA REQUIREMENTS: The parking lot landscape
area requirements shall be as follows based on the percentage of parking located between
the building fagade and the R.O.W.. Any new parking area added to an existing site shall
comply with the requirements herein.
LANDSCAPE ORDINANCE 544 -1 - B Amended: _ Page 9
Less than 25% = 15 sq. ft. per parking stall
25% - 75% = 20 sq. ft. per parking stall
Greater than 75% = 30 sq. ft. per parking stall
Each row of parking stalls shall provide the required landscape area, however, it shall be
the applicant's right to place the islands near the buildings, throughout the parking, or at
the end of the rows away from the building. The Landscape Administrator may modify the
island requirement for each row in situations where it would appear beneficial to combine
an awkward or hazardous island into a larger island within the parking area. Planter
islands shall have a minimum width of 12' back -to -back if curbed or 13' edge -to -edge if
no curb is intended, and shall be equal to the length of the parking stall. Parking lot
landscape areas do count towards the total required interior landscape area.
a. Existing Trees: The Landscape Administrator may approve variations to the
_ parking lot landscape island requirements in order to preserve existing
trees in interior parking areas. For existing trees the minimum width of the _
parking lot landscape island shall be as follows:
Tree Size Min. Island Width Min. Dist. Tree to Curb
6" - 12" DBH = 12' minimum width 4'
Greater than 12" DBH = 18' minimum width 8'
b. Planting Requirements: Each individual
parking lot landscape island shall contain a minimum of one (1) canopy tree with
the remaining area in shrubs, ground cover, ornamental grasses, or seasonal color.
_ Parking lot landscape islands which have light poles for lighting the
parking areas may substitute two (2) understory /accent trees for the required
canopy tree. All required landscape areas shall be evenly distributed throughout
the entire required parking lot landscape areas.
C. Parking Garages: Parking garages shall be considered as buildings in accordance
with Section 3.3 herein.
3.5 VISIBILITY TRIANGLE: No requirements herein shall be deemed to require plantings
which would conflict with the visibility triangle at the intersection of public R.O.W. as
defined in the Subdivision Ordinance. Consideration should also be given to visibility at
the intersection of major driveways with the public R.O.W.
3.6 IRRIGATION REQUIREMENTS: All required landscape areas shall be irrigated by an
automatic irrigation system designed by a Licensed Irrigator, Landscape Architect or other
professional authorized by the State to design such systems. Natural meadows of wild
flowers or other native habitat shall not be required to be irrigated.
a. Minimum Standards for Irrigation Systems: All irrigation systems shall be
installed and maintained in accordance with the landscape irrigation rules
promulgated by the Texas Commission on Environmental Quality (TCEQ) or
successor a _gency, as the same may be from time to time amended, and any
applicable adopted City Plumbing Codes.
b. Water Conservation: The City would like to promote the use of efficient irrigation
methods and practices. Where possible in planting beds, flood irrigation, porous
LANDSCAPE ORDINANCE 544 -1 - B Amended: _ Page 10
pipe or emitter /drip systems should be utilized. Where slopes do not allow flood
systems, flat spray heads should be utilized under shrubs rather than upward spray
heads on risers above shrubs. Lawn spray heads should have low precipitation
rates, run for longer periods of time, and water infrequently to promote deep root
growth for grasses.
C. Tree Irrigation Requirements: Provisions shall be made in the design of the
irrigation system to adequately provide water to the root zone of newly planted
trees until they are established. This may be done through installation of a separate
zone providing bubbler irrigation, low- pressure drip systems or similar heads
directly adjacent to newly planted trees. This may also be accomplished by
bubblers added to existing spray zones with the intention to remove the bubbler
and cap the tree service line upon establishment of the tree. Any lines providing
heads near a tree shall be installed radially to the trunk of the tree rather than
crossing g through the root zone. The irrigation designer mavpropose other means
of tree irrigation during establishment, subject to approval by the Landscape
Administrator.
d. Smart Controllers: All irrigation systems shall include a smart controller capable
of effectively operating the irrigation system in a manner that minimizes excess
water use and adapts watering applications to meet the actual needs of the plants,
subject to approval by the Landscape Administrator.
4.0 EXISTING TREE PRESERVATION
4.1 GENERAL: One of the City's greatest assets is the existence of many specimen quality
native trees. One objective of this ordinance is the preservation of these trees while
allowing quality development to take place. All development must also comply with the
City's Tree Preservation Ordinance.
4.2 EXISTING TREE CREDITS: Credits shall only be granted if the tree /s are in healthy
condition and all requirements of the Tree Preservation Ordinance have been met as
determined by the Landscape Administrator at the time of inspection for a Permanent
Certificate of Occupancy.
a. Existing Tree Credit Calculation: Existing trees which are saved in landscape
areas and have at least 75% of the `Critical Root Zone' within that area shall be
granted credits toward reducing the required plantings as follows:
Size of Tree Saved Canopy Understory
6" - 12" DBH = 1 or 2
Greater than 12" DBH = 2 or 3
b. Existing Tree Replacement: If the existing plants that were given credit toward
reducing the required plantings decline within two (2) growing seasons, the owner
shall replace that plant with quality plant material equal to the amount of the
declined plant.
5.0 PLANT MATERIAL
5.1 QUALITY STANDARD: All plant material shall be of No. 1 grade, free from plant
disease, of typical growth for the species, have a healthy, normal root system, rounded
branching pattern, and shall conform to the code of standards set forth in the
LANDSCAPE ORDINANCE 544 -1 - B Amended: _ Page 11
current addition of the American Standard for Nursery Stock.
5.2 RECOMMENDED PLANTS: Shown in Appendix 'A' is a list of recommended plants
within each plant material type. The applicant may propose plants other than those
listed if the plant seems appropriate for the intended use or the applicant maintains a
plant care program sufficient to properly care for the proposed plant material. The City
reserves the right to approve or disapprove required plants and planting through the
Landscape Administrator or City appointed Landscape Architect, horticulturist, or other
person so qualified.
5.3 SIZE REQUIREMENTS WHEN PLANTED: All plants shall equal or exceed the
following measurements when planted. Plants larger than specified may be used but use of
such plants shall not decrease the size requirements of other proposed plants.
a. Tree measurement: Canopy and understory trees with single trunks shall be
measured by caliper size one foot (1') above the ground line. Multi -Trunk trees
shall be measured by the height of the tree.
b. Minimum Sizes: Minimum plant size when planted shall be as follows:
Plant Material Type
Canopy Tree
Single Trunk
Multi -Trunk Clump
Understory Tree
Shrub*
Groundcover
Minimum Q17e
50% 2" caliper, 50% 4" caliper
8 feet (height)
6' feet (height)
3 gallon
4" containers
* The Landscape Administrator may approve smaller sized shrubs based on unusual
growing circumstances and/or on a specific design which reflects the overall intent of this
ordinance.
6.0
LANDSCAPE / IRRIGATION PLAN REQUIREMENTS
6.1 QUALIFICATION TO PREPARE PLANS: For all lots greater than 30,000 square feet,
Landscape Plans shall be prepared by a Registered Landscape Architect. For lots less than
30,000 square feet, a Landscape Designer or Landscape Contractor, knowledgeable in
plant materials and landscape design may also prepare the landscape plan. Irrigation plans
shall be prepared by a Licensed Irrigator or Landscape Architect or other professional as
authorized by the State of Texas The Landscape Administrator may reject plans if deemed
of insufficient quality or completeness and require that plans be prepared by a Registered
Landscape Architect or other qualified professional.
6.2 LANDSCAPE PLAN REQUIREMENTS: The following items shall be provided on the
required landscape plan.
a. Sheet size 24" x 36 ", or as approved.
b. Acceptable scale: 1" = 10', 1" = 20', or as approved.
C. North arrow, graphic and written scale in close proximity.
LANDSCAPE ORDINANCE 544 -1 - B Amended: _
Page 12
d. Appropriate title (i.e. "Landscape Plan ")
e. Title block includes street address, lot and block, subdivision name, city, state,
date of preparation.
f. Name and address of owner.
g. Name, address and phone of firm preparing plan.
h. Boundary shown with dimensions.
i. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas,
electric, cable, etc.)
J. Width and type of bufferyards labeled on all sides.
k. Location, caliper size and name of all existing trees 6" caliper or more which are
to be preserved.
1. Location, quantity, size and name of all proposed plant materials.
m. Maintenance note provided. (Section 10.1)
n. Provide standard Bufferyard and Interior Landscape Calculation Chart from
Approved Site Plan.
o. Visibility triangles shown.
P. Landscape Architect seal signed and dated.
q. Plant list shown with format similar to Appendix 'C'.
r. Any berms delineated with one -foot (1') contour intervals.
63 IRRIGATION PLAN REQUIREMENTS: The following items shall be provided on the
required irrigation plan.
a. Sheet size 24" x 36 ", or as approved.
b. Acceptable scale: 1" = 10', 1" = 20', or as approved. (Must be same as Landscape
Plan)
C. North arrow, graphic and written scale in close proximity.
d. Appropriate title (i.e. "Irrigation Plan ")
C. Title block includes street address, lot and block, subdivision name, city, state,
date of preparation.
f Name and address of owner.
g. Name, address and phone of firm preparing plan.
h. Boundary shown with dimensions.
LANDSCAPE ORDINANCE 544 -1 - B Amended: Page 13
Location of all existing trees 6" caliper or larger which are to be saved.
All pipes labeled as to size.
k. All heads labeled as to type. (Legend is acceptable)
Backflow prevention labeled with type and size.
m. Connection to water service shown after meter.
n. Second meter (with size) shown if intended.
o. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas,
electric, cable, etc.)
P. Note on plan: "All backflow installations and connections to city water lines must
be permitted separately by the City inspection staff "
q. Maintenance note provided. (Section 10.1)
r. Plan sealed, signed and dated by qualified professional as authorized by State law.
7.0 OTHER RELATED REQUIREMENTS
7.1 SCREENING: All the requirements of the Screening section of the Zoning Ordinance
(Ord. 480 as amended, Section 39) shall be met and shown on the required landscape plan.
7.2 OUTSIDE STORAGE: All the requirements of the Outside Storage section of the Zoning
Ordinance (Ord. 480 as amended, Section 38) shall be met and shown on the required
landscape plan.
7.3 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning
Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape
Plan.
8.0 IMPROVEMENTS IN PUBLIC R.O.W. / EASEMENTS
8.1 GENERAL: A developer shall be required to provide grass and irrigation in all unpaved
areas of the public R.O.W.. A maximum of ten percent (10 %) of the required interior plant
material may be placed within the R.O.W. parkway. Should the applicant elect to provide
plantings in the public R.O.W., no plant material other than lawn grass and ground cover
may be placed closer than 8' from the ultimate cross - section back -of —curb.
8.2 REPLACEMENT RESPONSIBILITIES: The City shall endeavor to require replacement
of all landscape /irrigation improvements as a part of contracts to install public utilities
within public R.O.W. and/or public easements. The City and owner shall not be
responsible for replacing these improvements. In the event the City anticipates utility
improvements conflicting with intended landscape /irrigation improvements, the City may
require that the applicant wait to install said improvements until after the public
improvements have been installed or under certain circumstances, the City may
prohibit landscape improvements within the R.O.W.
LANDSCAPE ORDINANCE 544 -1 - B Amended: _ Page 14
9.0 REVIEW PROCEDURES
9.1 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish
administrative procedures necessary to facilitate the implementation and enforcement of
this ordinance.
a. Application Checklist: All submittals shall be accompanied by an application
form and completed checklist. Landscape Plans shall be accompanied by the
required Landscape Summary (Appendix 'B').
b. Fees: All submittals shall be accompanied by a check payable to the City in the
amount specified by City Council.
9.2 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for the
review of all plans submitted in accordance with the requirements of this ordinance.
9.3 REVIEW PROCESS: The Landscape Administrator shall review the required submittals
and provide the applicant with a written summary of the review. It shall be the applicant's
responsibility to revise the submittals as necessary to obtain approval.
10.0 MAINTENANCE
10.1 GENERAL: The Owner shall be responsible for the continued maintenance in perpetuity
of all landscaping and irrigation. All required landscaping shall be maintained in a neat and
orderly manner at all times. This shall include mowing, edging, pruning, fertilizing,
watering, weeding, keeping beds mulched in accordance with standard horticultural
practices or as recommended by the Landscape Administrator and other such activities
common to the maintenance of landscaping. Landscaped areas shall be kept free of trash,
litter; weeds and other such material or plants not a part of the landscaping. All plant
materials shall be maintained in a healthy and growing condition as is appropriate for the
season of the year. All irrigation heads or lines which are broken and flow water shall be
replaced/repaired immediately to prevent the waste of water.
10.2 PLANT MATERIAL REPLACEMENT: The Owner shall be responsible for replacing all
required plant material which shows dead branching over 75% or more of the normal
branching pattern during the time of a normal growing season and repair of irrigation
system requirements set herein in perpetuity. Plant materials which die shall be replaced
with plant material of similar variety and similar initial size. Upon notification by the City
of such replacements, the Owner shall have thirty (30) days to comply with these
requirements.
a. Deferral of Landscape Replacement: The Landscape Administrator may approve a
deferral of required plant replacement in accordance with Section 113 herein.
10.3 PLAN REQUIREMENTS: Paragraph 10.1 above shall be shown on the Landscape Plan
and the Irrigation Plan.
11.0 ENFORCEMENT
11.1 BUILDING PERMIT: No building permits for building, paving, grading or construction
shall be issued until a Landscape Plan meeting the requirements of this ordinance has
been approved by the Landscape Administrator. Under certain conditions such as a "Fast
Track" building process for large developments, the developer and the Landscape
LANDSCAPE ORDINANCE 544 -B Page 15
Administrator may negotiate the submittal of a Landscape Plan at some time after the
issuance of the original building permit.
11.2 CERTIFICATE OF OCCUPANCY: All plantings, screening, berms or other requirements
of this ordinance shall be installed prior to the issuance of a Certificate of Occupancy
(C.O.). Any sod intended must be installed, hydromulch areas must be sprayed. Turf
establishment is not required prior to issuance of a C.O.
a. Temporary Certificate of Occupancy: In any case in which a Temporary
Certificate of Occupancy (T.C.O.) is issued because of a delay of the required
landscape installation, it shall be in accordance with Section 11.3 herein.
11.3 DEFERRAL OF REQUIRED LANDSCAPE INSTALLATION: In any case in which a
C.O. is sought or plant replacement is required at a season of the year in which the
Landscape Administrator determines that it would be impractical to install plantings as
required herein, a Temporary Certificate of Occupancy (T.C.O.) or a deferral of the
required plant replacement may be given for a period not to exceed six (6) months. The
applicant shall be required to provide a letter of credit, or escrow deposit in an amount
sufficient to cover the installation of the landscape and irrigation requirements herein, plus
a 10% contingency. Such amount shall be evidenced by an itemized bid prepared by a
qualified contractor. Upon the failure of the applicant to complete the installation
requirements, the City shall have the right to draw upon the letter of credit or escrow
deposit to complete the installation of the requirements herein. Any funds in excess of
those required to complete the installation shall be retained by the City to offset
administrative costs.
12.0 MODIFICATIONS, VARIANCES AND APPEALS
12.1 MODIFICATIONS: Whenever there are practical difficulties involved in complying with
the provisions of this ordinance, the Landscape Administrator may grant modifications in
individual cases provided he shall first find that a special individual reason makes strict
compliance with this ordinance impractical; that the modification is in conformity with the
intent and purpose of this ordinance, and that the proposed modification is at least the
equivalent of the requirements prescribed by this ordinance. Such modification may only
be made upon written application filed with the Landscape Administrator and the details of
any action granting a modification shall be recorded and entered into the files of the City.
12.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of
the requirements herein, or who desires to appeal a decision by the Landscape
Administrator, shall file a written appeal with the City Manager for consideration by the
City Council. Such appeal shall be accompanied by adequate graphic reproductions, a
written summary of the request, and justification for such request. The City Council shall
have the authority to grant an interpretation or variance to the requirements of this
ordinance. In granting any variance, the City Council shall determine that a literal
enforcement of the regulations herein will create an unnecessary hardship or a practical
difficulty on the applicant, that the situation causing the unnecessary hardship or practical
difficulty is unique to the affected property and is not self - imposed, that the variance will
not injure and will be wholly compatible with the use and permitted development of
adjacent properties, and that the granting of the variance will be in harmony with the spirit
and purpose of this ordinance. The decision of the City Council shall be final.
13.0 VIOLATIONS
LANDSCAPE ORDINANCE 544 -B Page 16
Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed
Five Hundred Dollars and No Cents ($500.00) for all violations. Each day that a violation is
permitted to exist shall constitute a separate offense.
14.0 SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
15.0 CONFLICTING ORDINANCES
This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of
the city; and this Ordinance shall not operate to repeal or affect any of such other ordinances
except insofar as the provisions thereof might be inconsistent or in conflict with the provisions
of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance
or ordinances are hereby repealed.
16.0 SAVINGS CLAUSE
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of any ordinances affecting the regulations for installation of
landscaping improvements `which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
17.0 PUBLICATIONS CLAUSE
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or
its caption and penalty together with a notice setting out the time and place for a public hearing
thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance
provides for the imposition of any penalty, fine or forfeiture for any violation of any of its
provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten days after passage of this ordinance, as required by section
3.13 of the Charter of the City of Southlake.
18.0 EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
19.0 APPENDICES
It is anticipated that the following appendices will be changed periodically by the Landscape
LANDSCAPE ORDINANCE 544 -B Page 17
Administrator in response to changes in the administration of this ordinance.
LANDSCAPE ORDINANCE 544 -B Page 18
PASSED AND APPROVED ON THE FIRST READING ON THIS TWENTIETH DAY OF
APRIL, 1999.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS FIFTEENTH DAY OF JUNE,
1999.
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Date Adopted:
Effective Date:
LANDSCAPE ORDINANCE 544 -B Page 19
APPENDIX `A' - Recommended Plants
Page 1 of 2
Canopy Trees
Common Name
Botanical Name
Height & Width
Bur Oak
Quercus macrocar a
60' x 40'
Live Oak
Quercus vir iniana
40' x 50'
Shumard Oak
Quercus shumardii
50' x 50'
Texas Red Oak
Quercus texana
30' x 30'
Chinka in Oak
Quercus muehlenber ii
60' x 40'
Sawtooth Oak
Quercus accutisima
50' x 40'
Cedar Elm
Ulms crassi olia
60' x 50'
Lacebark Elm
Ulmus parvifolia
50' x 40'
Pecan
Cara illinoinensis
80' x 80'
Bald Cypress
Taxodium distichum
70' x 40'
Dawn Redwood
Metase uoia gl tostroboides
70' x 40'
Western Soapberry
Sa idus drummundii
40' x 30'
Chinese Pistache
Pistacia chinensis
40' x 40'
Sweet Gum
Li uidambar styraciflua
60' x 40'
Southern Magnolia
Magnolia grandiflora
50' x 30'
Texas Ash
Fraxinis texensis
50' x 40'
White Ash
Fraxinis americana
50' x 40'
Accent Trees
Common Name
Botanical Name
Height & Width
Eastern Red Cedar
Juni erus vir iniana
30' x 20'
Canaert Juniper
Juni erus canaert
30' x 20'
Austrian Pine
Pinus ni ra
30' x 30'
Eldarica Pine
Pinus eldarica
30' x 20'
Japanese Black Pine
Pinus thunber ii
25' x 20'
Ponderosa Pine
Pinus ponderosa
50' x 20'
Slash Pine
Pinus elliottii
60' x 20'
Possumhaw Holly
Ilex decidua
15' x 15'
Yau on Holly
Ilex vomitoria
15' x 15'
Savannah Holly
Ilex o aca `Savannah'
25' x 10'
Aristocrat Pear
P rus caller ana Aristocrat'
30' x 20'
Shantung Maple
Acer truncatum
40' x 20'
Mexican Plum
Prunus mexicana
25' x 25'
Cherry Laurel
Prunus caroliniana
25' x 15'
Vitex
tiitex a nus- castus
15' x 20'
Red Bud
Cercis canadensis
25' x 25'
Southern Wax Myrtle
M rica ceri era
15' x 10'
Goldenrain Tree
Koelreuteria paniculata
30' x 30'
Rusty Blackhaw Viburnum
viburnum ru adulum
15' x 15'
Crape Myrtle
La erstroemia indica
25' x 15'
Eve's Necklace
So hora a znis
30' x 20'
Mexican Buckeye
Un nadia s eciosa
15' x 15'
Desert Willow
Chilo sis linearis
20' x 15'
Ornamental Pomegranate
Punica granatum
10' x 10'
LANDSCAPE ORDINANCE 544 -B Page 20
APPENDIX `A' - Recommended Plants
Page 2 of 2
Shrubs
Common Name
Botanical Name
Height & Width
Dwarf Burford Holly
Ilex burfordii `nana'
5' x 5'
Dwarf Chinese Holly
Ilex cornuta Rotunda'
3' x 3'
Nellie R. Stevens Holly
Ilex x Nellie R. Stevens'
12' x 10'
Foster Holly
Ilex x attenuata Foster'
10' x 10'
Dwarf Yaupon
Ilex vomitoria Nana'
3' x 3'
Spiraea
Spiraea spp.
6' x 7'
Eleagnus
Eleagnus ebbengii
6' x 6'
Glossy Abelia
Abelia grandiflora
6' x 8'
Sea Green Juniper
Juniperus chinensis `Sea Green'
Varies
Tam Juniper
Juniperus Sabina `Tamariscifolia'
3' x 6'
Texas Sage
Leucophyllum frutescens
5' x 5'
Red Barberry
Berberis thunbergii
4' x 4'
Red Yucca
Hesperaloe parvifolia
3' x 5'
Dwarf Wax Myrtle
Myrica pusilla
4' x 4'
Dwarf Crape Myrtle
Lagerstroemia indica
6' x 6'
Variegated Privet
Ligustrum sinense `I ariegata '
6'x 8'
Hypericum
Hypericum henryii
3' x 3'
Nandina
Nandina ( cultivars)
Varies
Hibiscus
Hibiscus rosa- sinensis ( cultivars)
Varies
Indian Hawthorn
Rhapiolepis indica
Varies
Cleyera
Ternstroemia gymnanthera
6' x 6'
Groundcovers
Common Name
Botanical Name
Characteristics
Creeping Juniper
Juniperus horizontalis (cultivars)
Low spreading
Japanese Garden Juniper
Juniperus procumbens (cultivars)
Low spreading
Lantana
Lantana spp.
Blooms spring to I" frost
Fountaingrass
Pennisetunr spp. (cultivars)
Green & purple cultivars
Miscanthus Grass
Miscanthus spp. (cultivars)
Different sized cultivars
Asiatic Jasmine
Trachelospermum asiaticum
Sun & shade tolerant
Winter Creeper
Euonymus fortunei
Sun & shade tolerant
Cast Iron Plant
Aspidistra elatior
Shade tolerant
Liriope
Liriope muscari ( cultivars)
Different sized cultivars
Mondo Grass
Ophiopogon japonicum (cultivars)
Shade tolerant
Periwinkle
Enca major & minor
Shade tolerant
Virginia Creeper
Parthenocissus quinquefolia
Shade tolerant
Turk's Cap
Malvaviscus arboreus
Sun & shade tolerant
Coralberry
Symphoicarpos orbiculatus
Shade tolerant
Seasonal Color
Perennials and Annuals as needed to maintain seasonal color
LANDSCAPE ORDINANCE 544 -B Page 21
APPENDIX `B'
REQUIRED LANDSCAPE SUMMARY
SUMMARY CHART
- BUFFERYARDS
Location/
Length of
Base Line
Required/
Provided
Length
Buffervard
Width / Type
Canom
Trees
Accent
Trees
Shrubs
Fence /Screenin6
Height & Material
North -
Required
Required
Provided
East -
Required
Provided
South -
Required
Provided
West -
Required
Provided
*Note any credits used in calculations:
a.
Other Comments:
1.
2.
3.
SUMMARY
CHART - INTERIOR
LANDSCAPE
Landscape
Area
% of Area in
Front or Side
Canopy
Trees
Accent
Trees
Shrubs
Ground Cover
(S q. Ft.
Required
Provided:
*Note any credits used in calculations:
a.
Other Comments:
1.
* EXISTING TREE CREDIT SUMMARY Applied To
Canopy Trees Understory Trees
Trees ;a; 6" - 12" DBH
Trees Via; Greater than 12" DBH
LANDSCAPE ORDINANCE 544-B Page 22
"Clean" Version
LANDSCAPE ORDINANCE NO. 544 — B
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE
544; REVISING AND AMENDING REGULATIONS FOR THE INSTALLATION
OF LANDSCAPING IMPROVEMENTS ON NON - RESIDENTIAL
CONSTRUCTION AND MULTI - FAMILY CONSTRUCTION, OTHER THAN
DUPLEX USES; REVISING CERTAIN DEFINITIONS; AMENDING
REQUIREMENTS FOR THE SUBMISSION OF LANDSCAPE AND
IRRIGATION PLANS; REVISING REQUIREMENTS FOR LANDSCAPING
IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY; PROVIDING FOR
MAINTENANCE OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR
MODIFICATIONS, VARIANCES, AND APPEALS FROM THIS ORDINANCE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and,
WHEREAS, the City Council of the City of Southlake has determined that minimum landscaping
requirements for non - residential and multi - family dwelling (other than duplex) uses are necessary to
adequately protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
LANDSCAPE ORDINANCE 544 -B Page 23
LANDSCAPE ORDINANCE
Table of Contents
PAGE
1.0 PURPOSE AND INTENT 4
2.0 DEFINITIONS
2.1 General Rules 4
2.2 Definitions 4
3.0 LANDSCAPE /IRRIGATION REQUIREMENTS
3.1
General 6
a. Existing Buildings 6
b. Pad Site Developments 6
C. Expansion or Reconfiguration of Paved Areas 6
3.2
Bufferyards 6
3.3
Interior Landscape Area Requirements 6
a. Calculating Interior Landscape Area 6
b. Planting Requirements 7
C. Example 7
d. Location Requirements 7
C. Water Conservation Credits 7
3.4
Parking Lot Landscape Area Requirements 7
a. Existing Trees 8
b. Planting Requirements 8
C. Parking Garages 8
3.5
Visibility Triangle 8
3.6
Irrigation Requirements 8
a. Minimum Standards for Irrigation Systems 8
b. Water Conservation 8
C. Tree Irrigation Requirements 9
d. Smart Controllers 9
4.0 EXISTING TREE PRESERVATION
4.1 General 9
4.2 Existing Tree Credits 9
a. Existing Tree Credit Calculation 9
b. Existing Tree Replacement 9
5.0 PLANT MATERIAL
5.1 Quality Standard 9
5.2 Recommended Plants 10
5.3 Size Requirements When Planted 10
a. Tree Measurement 10
b. Minimum Sizes 10
6.0 LANDSCAPE /IRRIGATION PLAN REQUIREMENTS
6.1 Qualifications to Prepare Plans 10
6.2 Landscape Plan Requirements 10
6.3 Irrigation Plan Requirements 11
LANDSCAPE ORDINANCE 544 -B Page 24
LANDSCAPE ORDINANCE
Table of Contents (continued)
7.0 OTHER RELATED REQUIREMENTS
14.0 SEVERABILITY
15.0 CONFLICTING ORDINANCES
16.0 SAVINGS CLAUSE
17.0 PUBLICATIONS CLAUSE
18.0 EFFECTIVE DATE
19.0 APPENDICES
Appendix `A' - Recommended Plants
Appendix `B' - Required Landscape Summary
Appendix `C' - Typical Plant List
LANDSCAPE ORDINANCE 544 -B
Page
12
12
12
12
12
13
13
13
13
13
13
13
13
13
14
14
14
14
14
15
15
15
15
15
16
16
Page 25
7.1
Screening (Ord. 480, Section 39)
7.2
Outside Storage (Ord. 480, Section 38)
7.3
Bufferyards (Ord. 480, Section 42)
8.0
IMPROVEMENTS
IN PUBLIC R.O.W. /EASEMENTS
8.1
General
8.2
Replacement Responsibilities
9.0
REVIEW PROCEDURES
9.1
Submittal Requirements
a. Application Checklist
b. Fees
9.2
Authority for Review
9.3
Review Process
10.0
MAINTENANCE
10.1
General
10.2
Plant Material Replacement
a. Deferral of Landscape Replacement
10.3
Plan Requirements
11.0
ENFORCEMENT
11.1
Building Permit
11.2
Certificate of Occupancy
a. Temporary Certificate of Occupancy
11.3
Deferral of Required Landscape Installation
12.0
MODIFICATIONS, VARIANCES AND APPEALS
12.1
Modifications
12.2
Variances and Appeals
13.0
VIOLATIONS
14.0 SEVERABILITY
15.0 CONFLICTING ORDINANCES
16.0 SAVINGS CLAUSE
17.0 PUBLICATIONS CLAUSE
18.0 EFFECTIVE DATE
19.0 APPENDICES
Appendix `A' - Recommended Plants
Appendix `B' - Required Landscape Summary
Appendix `C' - Typical Plant List
LANDSCAPE ORDINANCE 544 -B
Page
12
12
12
12
12
13
13
13
13
13
13
13
13
13
14
14
14
14
14
15
15
15
15
15
16
16
Page 25
Appendix `D' — Application
LANDSCAPE ORDINANCE
1.0 PURPOSE AND INTENT
The purpose of this ordinance is to provide for the orderly and aesthetic development of the City
and to promote the health, safety and general welfare of the community. It is the intent of this
ordinance to achieve the following:
- A balance between the need for landscape treatments and the need for commercial growth in the
City.
- Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these
requirements.
- Promote mutually beneficial improvements by utilizing incentives rather than penalties.
- To aid in stabilizing the environment's ecological balance by contributing to the processes of air
purification, oxygen regeneration, ground -water recharge, storm water runoff retardation and
erosion control.
- Provide for the separation and buffering of incongruous uses and intensity of activities; and
provide for the visual softening of building masses.
- Reduce glare from paved surfaces, dust nuisances and the impact of noise.
- Protect and promote the value of residential and commercial properties within the City.
- Promote a positive image for the attraction of new business enterprises within the City.
- Encourage the protection of healthy trees and vegetation and promote the natural ecological
environmental and aesthetic qualities of the City;
2.0 DEFINITIONS
2.1 GENERAL RULES: For the purpose of this ordinance, the following rules shall be applied
in constructing, interpreting or otherwise defining the terms and provisions hereof:
1. Words used in the present tense shall include the future, words used in the singular
number shall include the plural number and words used in the plural shall include
the singular.
2. The word "shall" is mandatory and the word "may" is permissive.
2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable
hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not
defined in this ordinance shall have the meanings ascribed thereto in the Comprehensive
Zoning Ordinance of the City. Words and terms defined in both ordinances shall be read in
harmony unless there exists an irreconcilable conflict in which case the definition contained
in this ordinance shall control.
LANDSCAPE ORDINANCE 544 -B Page 26
BUBBLER, IRRIGATION Any irrigation emission device which provides a slow trickle
or low emission rate of water into the ground next to plant roots.
BUFFERYARD A bufferyard is a unit of land, together with a specified amount of
planting thereon, and any structures which may be required between land uses to eliminate
or minimize conflicts between them.
BUILDING FOOTPRINT The area of the building in contact with the ground.
CALIPER Diameter of the trunk measured one foot (F) above ground level.
CANOPY TREES A perennial woody plant, single or multiple trunk, contributing to the
uppermost spreading branchy layer of a forest and may be commonly referred to as shade
trees.
DBH Diameter at breast height, 4.5' above ground level.
GROUND COVER Low growing, dense spreading plants typically planted from
containers.
INTERIOR LANDSCAPE AREA The area of the lot remaining after subtracting out the
area included in the required bufferyards.
LANDSCAPE ADMINISTRATOR The City Manager or his designee.
LANDSCAPE ARCHITECT A person registered as a Landscape Architect in the State of
Texas pursuant to state law.
LANDSCAPE AREA An area which is covered by living grass, ground cover, or other
plant materials.
LAWN GRASSES Thin bladed surface growing plants typically planted from seed, sprigs
or plugs.
LICENSED IRRIGATOR A person duly licensed by the State of Texas to design and
install irrigation systems.
OWNER Any person who has a legal or equitable interest in real property, including a
tenant or person in control of any premises upon which landscaping is required to be
placed under this ordinance.
PERMEABLE PAVEMENT A paving material that permits water penetration.
R.O.W. PARKWAY That area within the public right -of -way (R.O.W.) between the back
of curb or edge of pavement and the right -of -way line.
SEASONAL COLOR Landscape areas used for annual and perennial flowers intended to
maintain year -round color accents.
SHRUBS Plants which grow vertically in a multi- branched growth pattern.
SMART CONTROLLER An irrigation controller that monitors depletion of available
LANDSCAPE ORDINANCE 544 -B Page 27
plant soil moisture in order to operate an irrigation system, replenishing water as needed
while minimizing excess water use.
UNDERSTORY /ACCENT TREES Small evergreen or deciduous perennial woody plants
which would grow below the top layer of the forest and typically has unique branching,
textural or seasonal color characteristics.
WATER CONSERVATION The design, installation, service, and operation of an
irrigation system in a manner that prevents the waste of water, promotes the most efficient
use of water, and applies the least amount of water that is required to maintain healthy
individual plant material or turf, reduce dust, and control erosion.
3.0 LANDSCAPE / IRRIGATION REQUIREMENTS
3.1 GENERAL: The requirements herein shall apply to all new non - residential construction
and multi - family construction other than duplex uses. The requirements for landscaping
shall combine the bufferyard requirements, minimum landscape areas on the interior
portion of the lot, and minimum landscape areas for parking areas.
a. Existing buildings: Buildings in existence on the effective date of this ordinance
shall be considered legally nonconforming as it pertains to this ordinance. New
construction greater in size than 30% of the existing building or greater than 5,000
square feet shall require compliance with this ordinance as it applies to the entire
square footage of the existing building and proposed addition. New construction
intended to increase the square footage by less than 30% of the existing building or
less than 5,000 square feet shall be required to meet the requirements herein only
as it pertains to the square footage of the new construction.
b. Pad site developments: Pad site developments or ground lease developments shall
be required to provide landscaping in accordance with the interior landscape
requirements of Section 3.3 herein.
C. Expansions or Reconfiguration of Paved Areas: Any expansion or reconfiguration
of paved areas shall comply with Section 3.4 herein.
3.2 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning
Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape
Plan.
3.3 INTERIOR LANDSCAPE AREA REQUIREMENTS: The amount of landscape area
required on the interior of the lot (excludes bufferyards) shall be based on the square
footage of the proposed buildings. The square footage of the building for the purposes of
this ordinance will be the square footage of the first floor or the square footage of the
largest floor, whichever is greater.
a. Calculating Interior Landscape Area: The required landscape area for each zoning
shall be based on the percentage ( %) of the floor area as determined above in
accordance with the following chart.
LANDSCAPE ORDINANCE 544 -B Page 28
ZONING PERCENT(
MF -2, 0-1, 0 -2 . . . . . . . . . . . . . . . . . . .
C -1, C -2, C -3, HC . . . . . . . . . . . . . . . . . .
CS, B -1 . . . . . . . . . . . . . . . . . . . . . . .
C -4, B -2 . . . . . . . . . . . . . . . . . . . . . . .
I -1, & I -2 Building less than 10,000 S.F.. . . . . . .
I -1, & I -2 Buildings 10,000 S.F. or greater . . . . . .
V FLOOR AREA
50%
50%
30%
20%
20%
15%
All buildings in SP 1 and SP2 and buildings other than Single Family or Duplex
uses within PUD or other districts shall meet the requirements of the closest
zoning category noted above.
b. Planting Requirements: The following plants shall be required, at a minimum,
within the required interior landscape areas at the ratio indicated.
- 1 Canopy Tree per 500 square feet
- 1 Understory Tree per 250 square feet
- 1 Shrub per 40 square feet
- Ground Cover - 15% of required area
- Seasonal Color — 2% of required area
C. Example: Three story office building (0 -2 Zoning), each floor has 4,000 square
feet.
First Floor = 4,000
Second Floor = 0
Third Floor = 0
Effective Floor area 4,000
Times 50% x .50
= Required Landscape area 2,000 sq.ft.
Required Canopy Trees @ 11500 sq. ft. = 4
Required Understory Trees @ 1/250 sq. ft. = 8
Required Shrubs @ 1/40 sq. ft. = 50
Required Ground Color area @ 15% = 300 sq. ft.
Required Seasonal Color @ 2% = 40 sq. ft.
d. Location Requirements: A minimum of 75% of all required interior landscape area
and plant material within the interior landscape areas shall be in the front and
along either side of the building between the building and the interior edge of the
required bufferyards and a portion thereof shall be placed adjacent to the building
where practical.
e. Water Conservation Credits: Where irrigation systems in accordance with Section
3.6 b herein are utilized in at least 75% of all shrub beds, the required landscape
area may be reduced by 5 %.
3.4 PARKING LOT LANDSCAPE AREA REQUIREMENTS: The parking lot landscape
area requirements shall be as follows based on the percentage of parking located between
the building facade and the R.O.W.. Any new parking area added to an existing site shall
comply with the requirements herein.
LANDSCAPE ORDINANCE 544 -B Page 29
Less than 25% = 15 sq. ft. per parking stall
25% - 75% = 20 sq. ft. per parking stall
Greater than 75% = 30 sq. ft. per parking stall
Each row of parking stalls shall provide the required landscape area, however, it shall be
the applicant's right to place the islands near the buildings, throughout the parking, or at
the end of the rows away from the building. The Landscape Administrator may modify the
island requirement for each row in situations where it would appear beneficial to combine
an awkward or hazardous island into a larger island within the parking area. Planter
islands shall have a minimum width of 12' back -to -back if curbed or 13' edge -to -edge if
no curb is intended, and shall be equal to the length of the parking stall. Parking lot
landscape areas do count towards the total required interior landscape area.
a. Existing Trees: The Landscape Administrator may approve variations to the
parking lot landscape island requirements in order to preserve existing trees in
interior parking areas. For existing trees the minimum width of the parking lot
landscape island shall be as follows:
Tree Size Min. Island Width Min. Dist. Tree to Curb
6" - 12" DBH = 12' minimum width 4'
Greater than 12" DBH = 18' minimum width 8'
b. Planting Requirements: Each individual parking lot landscape island shall contain
a minimum of one (1) canopy tree with the remaining area in shrubs, ground
cover, ornamental grasses, or seasonal color. Parking lot landscape islands which
have light poles for lighting the parking areas may substitute two (2)
understory /accent trees for the required canopy tree. All required landscape areas
shall be evenly distributed throughout the entire required parking lot landscape
areas.
C. Parking Garages: Parking garages shall be considered as buildings in accordance
with Section 3.3 herein.
3.5 VISIBILITY TRIANGLE: No requirements herein shall be deemed to require plantings
which would conflict with the visibility triangle at the intersection of public R.O.W. as
defined in the Subdivision Ordinance. Consideration should also be given to visibility at
the intersection of major driveways with the public R.O.W.
3.6 IRRIGATION REQUIREMENTS: All required landscape areas shall be irrigated by an
automatic irrigation system designed by a Licensed Irrigator, Landscape Architect or other
professional authorized by the State to design such systems. Natural meadows of wild
flowers or other native habitat shall not be required to be irrigated.
a. Minimum Standards for Irrigation Systems: All irrigation systems shall be
installed and maintained in accordance with the landscape irrigation rules
promulgated by the Texas Commission on Environmental Quality (TCEQ) or
successor agency, as the same may be from time to time amended, and any
applicable adopted City Plumbing Codes.
b. Water Conservation: The City would like to promote the use of efficient irrigation
methods and practices. Where possible in planting beds, flood irrigation, porous
LANDSCAPE ORDINANCE 544 -B Page 30
pipe or emitter /drip systems should be utilized. Where slopes do not allow flood
systems, flat spray heads should be utilized under shrubs rather than upward spray
heads on risers above shrubs. Lawn spray heads should have low precipitation
rates, run for longer periods of time, and water infrequently to promote deep root
growth for grasses.
C. Tree Irrigation Requirements: Provisions shall be made in the design of the
irrigation system to adequately provide water to the root zone of newly planted
trees until they are established. This may be done through installation of a separate
zone providing bubbler irrigation, low- pressure drip systems or similar heads
directly adjacent to newly planted trees. This may also be accomplished by
bubblers added to existing spray zones with the intention to remove the bubbler
and cap the tree service line upon establishment of the tree. Any lines providing
heads near a tree shall be installed radially to the trunk of the tree rather than
crossing through the root zone. The irrigation designer may propose other means
of tree irrigation during establishment, subject to approval by the Landscape
Administrator.
d. Smart Controllers: All irrigation systems shall include a smart controller capable
of effectively operating the irrigation system in a manner that minimizes excess
water use and adapts watering applications to meet the actual needs of the plants,
subject to approval by the Landscape Administrator.
4.0 EXISTING TREE PRESERVATION
4.1 GENERAL: One of the City's greatest assets is the existence of many specimen quality
native trees. One objective of this ordinance is the preservation of these trees while
allowing quality development to take place. All development must also comply with the
City's Tree Preservation Ordinance.
4.2 EXISTING TREE CREDITS: Credits shall only be granted if the tree /s are in healthy
condition and all requirements of the Tree Preservation Ordinance have been met as
determined by the Landscape Administrator at the time of inspection for a Permanent
Certificate of Occupancy.
a. Existing Tree Credit Calculation: Existing trees which are saved in landscape
areas and have at least 75% of the `Critical Root Zone' within that area shall be
granted credits toward reducing the required plantings as follows:
Size of Tree Saved Canopy Understory
6" - 12" DBH = 1 or 2
Greater than 12" DBH = 2 or 3
b. Existing Tree Replacement: If the existing plants that were given credit toward
reducing the required plantings decline within two (2) growing seasons, the owner
shall replace that plant with quality plant material equal to the amount of the
declined plant.
5.0 PLANT MATERIAL
5.1 QUALITY STANDARD: All plant material shall be of No. 1 grade, free from plant
disease, of typical growth for the species, have a healthy, normal root system, rounded
branching pattern, and shall conform to the code of standards set forth in the
LANDSCAPE ORDINANCE 544 -B Page 31
current addition of the American Standard for Nursery Stock.
5.2 RECOMMENDED PLANTS: Shown in Appendix 'A' is a list of recommended plants
within each plant material type. The applicant may propose plants other than those
listed if the plant seems appropriate for the intended use or the applicant maintains a
plant care program sufficient to properly care for the proposed plant material. The City
reserves the right to approve or disapprove required plants and planting through the
Landscape Administrator or City appointed Landscape Architect, horticulturist, or other
person so qualified.
5.3 SIZE REQUIREMENTS WHEN PLANTED: All plants shall equal or exceed the
following measurements when planted. Plants larger than specified may be used but use of
such plants shall not decrease the size requirements of other proposed plants.
a. Tree measurement: Canopy and understory trees with single trunks shall be
measured by caliper size one foot (1') above the ground line. Multi -Trunk trees
shall be measured by the height of the tree.
b. Minimum Sizes: Minimum plant size when planted shall be as follows:
Plant Material Type
Canopy Tree
Single Trunk
Multi -Trunk Clump
Understory Tree
Shrub*
Groundcover
Minimum Q17e
50% 2" caliper, 50% 4" caliper
8 feet (height)
6' feet (height)
3 gallon
4" containers
* The Landscape Administrator may approve smaller sized shrubs based on unusual
growing circumstances and/or on a specific design which reflects the overall intent of this
ordinance.
6.0
LANDSCAPE / IRRIGATION PLAN REQUIREMENTS
6.1 QUALIFICATION TO PREPARE PLANS: For all lots greater than 30,000 square feet,
Landscape Plans shall be prepared by a Registered Landscape Architect. For lots less than
30,000 square feet, a Landscape Designer or Landscape Contractor, knowledgeable in
plant materials and landscape design may also prepare the landscape plan. Irrigation plans
shall be prepared by a Licensed Irrigator or Landscape Architect or other professional as
authorized by the State of Texas. The Landscape Administrator may reject plans if deemed
of insufficient quality or completeness and require that plans be prepared by a Registered
Landscape Architect or other qualified professional.
6.2 LANDSCAPE PLAN REQUIREMENTS: The following items shall be provided on the
required landscape plan.
a. Sheet size 24" x 36 ", or as approved.
b. Acceptable scale: 1" = 10', 1" = 20', or as approved.
C. North arrow, graphic and written scale in close proximity.
LANDSCAPE ORDINANCE 544 -B
Page 32
d. Appropriate title (i.e. "Landscape Plan ")
e. Title block includes street address, lot and block, subdivision name, city, state,
date of preparation.
f. Name and address of owner.
g. Name, address and phone of firm preparing plan.
h. Boundary shown with dimensions.
i. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas,
electric, cable, etc.)
J. Width and type of bufferyards labeled on all sides.
k. Location, caliper size and name of all existing trees 6" caliper or more which are
to be preserved.
1. Location, quantity, size and name of all proposed plant materials.
m. Maintenance note provided. (Section 10.1)
n. Provide standard Bufferyard and Interior Landscape Calculation Chart from
Approved Site Plan.
o. Visibility triangles shown.
P. Landscape Architect seal signed and dated.
q. Plant list shown with format similar to Appendix 'C'.
r. Any berms delineated with one -foot (1') contour intervals.
63 IRRIGATION PLAN REQUIREMENTS: The following items shall be provided on the
required irrigation plan.
a. Sheet size 24" x 36 ", or as approved.
b. Acceptable scale: 1" = 10', 1" = 20', or as approved. (Must be same as Landscape
Plan)
d. North arrow, graphic and written scale in close proximity.
d. Appropriate title (i.e. "Irrigation Plan ")
C. Title block includes street address, lot and block, subdivision name, city, state,
date of preparation.
f Name and address of owner.
g. Name, address and phone of firm preparing plan.
h. Boundary shown with dimensions.
LANDSCAPE ORDINANCE 544 -B Page 33
Location of all existing trees 6" caliper or larger which are to be saved.
All pipes labeled as to size.
k. All heads labeled as to type. (Legend is acceptable)
Backflow prevention labeled with type and size.
m. Connection to water service shown after meter.
n. Second meter (with size) shown if intended.
o. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas,
electric, cable, etc.)
P. Note on plan: "All backflow installations and connections to city water lines must
be permitted separately by the City inspection staff "
q. Maintenance note provided. (Section 10.1)
r. Plan sealed, signed and dated by qualified professional as authorized by State law.
7.0 OTHER RELATED REQUIREMENTS
7.1 SCREENING: All the requirements of the Screening section of the Zoning Ordinance
(Ord. 480 as amended, Section 39) shall be met and shown on the required landscape plan.
7.2 OUTSIDE STORAGE: All the requirements of the Outside Storage section of the Zoning
Ordinance (Ord. 480 as amended, Section 38) shall be met and shown on the required
landscape plan.
7.3 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning
Ordinance (Ord. 480 as amended, Section 42) shall be shown on the required Landscape
Plan.
8.0 IMPROVEMENTS IN PUBLIC R.O.W. / EASEMENTS
8.1 GENERAL: A developer shall be required to provide grass and irrigation in all unpaved
areas of the public R.O.W.. A maximum of ten percent (10 %) of the required interior plant
material may be placed within the R.O.W. parkway. Should the applicant elect to provide
plantings in the public R.O.W., no plant material other than lawn grass and ground cover
may be placed closer than 8' from the ultimate cross - section back -of —curb.
8.2 REPLACEMENT RESPONSIBILITIES: The City shall endeavor to require replacement
of all landscape /irrigation improvements as a part of contracts to install public utilities
within public R.O.W. and/or public easements. The City and owner shall not be
responsible for replacing these improvements. In the event the City anticipates utility
improvements conflicting with intended landscape /irrigation improvements, the City may
require that the applicant wait to install said improvements until after the public
improvements have been installed or under certain circumstances, the City may
prohibit landscape improvements within the R.O.W.
LANDSCAPE ORDINANCE 544 -B Page 34
9.0 REVIEW PROCEDURES
9.1 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish
administrative procedures necessary to facilitate the implementation and enforcement of
this ordinance.
a. Application Checklist: All submittals shall be accompanied by an application
form and completed checklist. Landscape Plans shall be accompanied by the
required Landscape Summary (Appendix 'B').
b. Fees: All submittals shall be accompanied by a check payable to the City in the
amount specified by City Council.
9.2 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for the
review of all plans submitted in accordance with the requirements of this ordinance.
9.3 REVIEW PROCESS: The Landscape Administrator shall review the required submittals
and provide the applicant with a written summary of the review. It shall be the applicant's
responsibility to revise the submittals as necessary to obtain approval.
10.0 MAINTENANCE
10.1 GENERAL: The Owner shall be responsible for the continued maintenance in perpetuity
of all landscaping and irrigation. All required landscaping shall be maintained in a neat and
orderly manner at all times. This shall include mowing, edging, pruning, fertilizing,
watering, weeding, keeping beds mulched in accordance with standard horticultural
practices or as recommended by the Landscape Administrator and other such activities
common to the maintenance of landscaping. Landscaped areas shall be kept free of trash,
litter; weeds and other such material or plants not a part of the landscaping. All plant
materials shall be maintained in a healthy and growing condition as is appropriate for the
season of the year. All irrigation heads or lines which are broken and flow water shall be
replaced/repaired immediately to prevent the waste of water.
10.2 PLANT MATERIAL REPLACEMENT: The Owner shall be responsible for replacing all
required plant material which shows dead branching over 75% or more of the normal
branching pattern during the time of a normal growing season and repair of irrigation
system requirements set herein in perpetuity. Plant materials which die shall be replaced
with plant material of similar variety and similar initial size. Upon notification by the City
of such replacements, the Owner shall have thirty (30) days to comply with these
requirements.
a. Deferral of Landscape Replacement: The Landscape Administrator may approve a
deferral of required plant replacement in accordance with Section 11.3 herein.
10.3 PLAN REQUIREMENTS: Paragraph 10.1 above shall be shown on the Landscape Plan
and the Irrigation Plan.
11.0 ENFORCEMENT
11.1 BUILDING PERMIT: No building permits for building, paving, grading or construction
LANDSCAPE ORDINANCE 544- B Page 35
shall be issued until a Landscape Plan meeting the requirements of this ordinance has
been approved by the Landscape Administrator. Under certain conditions such as a "Fast
Track" building process for large developments, the developer and the Landscape
Administrator may negotiate the submittal of a Landscape Plan at some time after the
issuance of the original building permit.
11.2 CERTIFICATE OF OCCUPANCY: All plantings, screening, berms or other requirements
of this ordinance shall be installed prior to the issuance of a Certificate of Occupancy
(C.O.). Any sod intended must be installed, hydromulch areas must be sprayed. Turf
establishment is not required prior to issuance of a C.O.
a. Temporary Certificate of Occupancy: In any case in which a Temporary
Certificate of Occupancy (T.C.O.) is issued because of a delay of the required
landscape installation, it shall be in accordance with Section 11.3 herein.
11.3 DEFERRAL OF REQUIRED LANDSCAPE INSTALLATION: In any case in which a
C.O. is sought or plant replacement is required at a season of the year in which the
Landscape Administrator determines that it would be impractical to install plantings as
required herein, a Temporary Certificate of Occupancy (T.C.O.) or a deferral of the
required plant replacement may be given for a period not to exceed six (6) months. The
applicant shall be required to provide a letter of credit, or escrow deposit in an amount
sufficient to cover the installation of the landscape and irrigation requirements herein, plus
a 10% contingency. Such amount shall be evidenced by an itemized bid prepared by a
qualified contractor. Upon the failure of the applicant to complete the installation
requirements, the City shall have the right to draw upon the letter of credit or escrow
deposit to complete the installation of the requirements herein. Any funds in excess of
those required to complete the installation shall be retained by the City to offset
administrative costs.
12.0 MODIFICATIONS. VARIANCES AND APPEALS
12.1 MODIFICATIONS: Whenever there are practical difficulties involved in complying with
the provisions of this ordinance, the Landscape Administrator may grant modifications in
individual cases provided he shall first find that a special individual reason makes strict
compliance with this ordinance impractical; that the modification is in conformity with the
intent and purpose of this ordinance; and that the proposed modification is at least the
equivalent of the requirements prescribed by this ordinance. Such modification may only
be made upon written application filed with the Landscape Administrator and the details of
any action granting a modification shall be recorded and entered into the files of the City.
12.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of
the requirements herein, or who desires to appeal a decision by the Landscape
Administrator, shall file a written appeal with the City Manager for consideration by the
City Council. Such appeal shall be accompanied by adequate graphic reproductions, a
written summary of the request, and justification for such request. The City Council shall
have the authority to grant an interpretation or variance to the requirements of this
ordinance. In granting any variance, the City Council shall determine that a literal
enforcement of the regulations herein will create an unnecessary hardship or a practical
difficulty on the applicant, that the situation causing the unnecessary hardship or practical
difficulty is unique to the affected property and is not self - imposed, that the variance will
LANDSCAPE ORDINANCE 544- B Page 36
not injure and will be wholly compatible with the use and permitted development of
adjacent properties, and that the granting of the variance will be in harmony with the spirit
and purpose of this ordinance. The decision of the City Council shall be final.
13.0 VIOLATIONS
Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed
Five Hundred Dollars and No Cents ($500.00) for all violations. Each day that a violation is
permitted to exist shall constitute a separate offense.
14.0 SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
15.0 CONFLICTING ORDINANCES
This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of
the city; and this Ordinance shall not operate to repeal or affect any of such other ordinances
except insofar as the provisions thereof might be inconsistent or in conflict with the provisions
of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance
or ordinances are hereby repealed.
16.0 SAVINGS CLAUSE
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of any ordinances affecting the regulations for installation of
landscaping improvements which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
17.0 PUBLICATIONS CLAUSE
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or
its caption and penalty together with a notice setting out the time and place for a public hearing
thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance
provides for the imposition of any penalty, fine or forfeiture for any violation of any of its
provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten days after passage of this ordinance, as required by section
3.13 of the Charter of the City of Southlake.
LANDSCAPE ORDINANCE 544- B Page 37
18.0 EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
19.0 APPENDICES
It is anticipated that the following appendices will be changed periodically by the Landscape
Administrator in response to changes in the administration of this ordinance.
LANDSCAPE ORDINANCE 544- B Page 38
PASSED AND APPROVED ON THE FIRST READING ON THIS DAY OF
, 2011.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2011.
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Date Adopted:
Effective Date:
LANDSCAPE ORDINANCE 544- B Page 39
APPENDIX `A' - Recommended Plants
Page 1 of 2
Canopy Trees
Common Name
Botanical Name
Height & Width
Bur Oak
Quercus macrocar a
60' x 40'
Live Oak
Quercus vir iniana
40' x 50'
Shumard Oak
Quercus shumardii
50' x 50'
Texas Red Oak
Quercus texana
30' x 30'
Chinka in Oak
Quercus muehlenber ii
60' x 40'
Sawtooth Oak
Quercus accutisima
50' x 40'
Cedar Elm
Ulms crassi olia
60' x 50'
Lacebark Elm
Ulmus parvifolia
50' x 40'
Pecan
Cara illinoinensis
80' x 80'
Bald CN ress
Taxodium distichum
70' x 40'
Dawn Redwood
Metase uoia gl tostroboides
70' x 40'
Western Soa berry
Sa idus drummundii
40' x 30'
Chinese Pistache
Pistacia chinensis
40' x 40'
Sweet Gum
Li uidambar styraciflua
60' x 40'
Southern Magnolia
Magnolia grandiflora
50' x 30'
Texas Ash
Fraxinis texensis
50' x 40'
White Ash
Fraxinis americana
50' x 40'
Accent Trees
Common Name
Botanical Name
Height & Width
Eastern Red Cedar
Juni erus vir iniana
30' x 20'
Canaert Juniper
Juni erus canaert
30' x 20'
Austrian Pine
Pinus ni ra
30' x 30'
Eldarica Pine
Pinus eldarica
30' x 20'
Japanese Black Pine
Pinus thunber ii
25' x 20'
Ponderosa Pine
Pinus ponderosa
50' x 20'
Slash Pine
Pinus elliottii
60' x 20'
Possumhaw Holly
Ilex decidua
15' x 15'
Yau on Holly
Ilex vomitoria
15' x 15'
Savannah Holly
Ilex o aca `Savannah'
25' x 10'
Aristocrat Pear
P rus caller ana Aristocrat'
30' x 20'
Shantung Maple
Acer truncatum
40' x 20'
Mexican Plum
Prunus mexicana
25' x 25'
Cherry Laurel
Prunus caroliniana
25' x 15'
Vitex
Vitex a nus- castus
15' x 20'
Red Bud
Cercis canadensis
25' x 25'
Southern Wax Myrtle
M rica ceri era
15' x 10'
Goldenrain Tree
Koelreuteria paniculata
30' x 30'
Rusty Blackhaw Viburnum
Viburnum ru zdulum
15' x 15'
Crape Myrtle
La erstroemia indica
25' x 15'
Eve's Necklace
So hora a finis
30' x 20'
Mexican Buckeye
Un nadia s eciosa
15' x 15'
Desert Willow
Chilo sis linearis
20' x 15'
Ornamental Pomegranate
Punica granatuni
10' x 10'
LANDSCAPE ORDINANCE 544- B Page 40
APPENDIX `A' - Recommended Plants
Page 2 of 2
Shrubs
Common Name
Botanical Name
Height & Width
Dwarf Burford Holly
Ilex burfordii `nana'
5' x 5'
Dwarf Chinese Holly
Ilex cornuta Rotunda'
3' x 3'
Nellie R. Stevens Holly
Ilex x Nellie R. Stevens'
12'x 10'
Foster Holly
Ilex x attenuata Foster'
10' x 10'
Dwarf Yaupon
Ilex vomitoria Nana'
3' x 3'
Spiraea
Spiraea spp.
6' x 7'
Eleagnus
Eleagnus ebbengii
6' x 6'
Glossy Abelia
Abelia grandiflora
6' x 8'
Sea Green Juniper
Juniperus chinensis `Sea Green'
Varies
Tam Juniper
Juniperus Sabina `Tamariscifolia'
3' x 6'
Texas Sage
Leucophyllum frutescens
5' x 5'
Red Barberry
Berberis thunbergii
4' x 4'
Red Yucca
Hesperaloe parvifolia
3' x 5'
Dwarf Wax Myrtle
Myrica pusilla
4' x 4'
Dwarf Crape Myrtle
Lagerstroemia indica
6' x 6'
Variegated Privet
Ligustrum sinense `ti ariegata '
6' x 8'
Hypericum
Hypericum henryii
3' x 3'
Nandina
Nandina ( cultivars)
Varies
Hibiscus
Hibiscus rosa- sinensis ( cultivars)
Varies
Indian Hawthorn
Rhapiolepis indica
Varies
Cleyera
Ternstroemia gymnanthera
6' x 6'
Groundcovers
Common Name
Botanical Name
Characteristics
Creeping Juniper
Juniperus horizontalis ( cultivars)
Low spreading
Japanese Garden Juniper
Juniperus procumbens (cultivars)
Low spreading
Lantana
Lantana spp.
Blooms spring to I" frost
Fountaingrass
Pennisetum spp. (cultivars)
Green & purple cultivars
Miscanthus Grass
Viscanthus spp. (cultivars)
Different sized cultivars
Asiatic Jasmine
Trachelospermum asiaticum
Sun & shade tolerant
Winter Creeper
Euonymus fortunei
Sun & shade tolerant
Cast Iron Plant
Aspidistra elation
Shade tolerant
Liriope
Liriope muscari ( cultivars)
Different sized cultivars
Mondo Grass
Ophiopogon japonicum (cultivars)
Shade tolerant
Periwinkle
Enca major & minor
Shade tolerant
Virginia Creeper
Parthenocissus quinquefolia
Shade tolerant
Turk's Cap
Valvaviscus arboreus
Sun & shade tolerant
Coralbeny
Symphoicarpos orbiculatus
Shade tolerant
Seasonal Color
Perennials and Annuals as needed to maintain seasonal color
LANDSCAPE ORDINANCE 544- B Page 41
APPENDIX `B'
REQUIRED LANDSCAPE SUMMARY
SUMMARY CHART
- BUFFERYARDS
Location/
Lenp of
Base Line
Required/
Provided
Lenpth
Buffervard
Width / Type
Canopy
Trees
Accent
Trees
Shrubs
Fence /Screening
Height & Material
North -
Required
Required:
Provided
East -
Required
Provided
South -
Required
Provided
West -
Required
Provided
*Note any credits used in calculations:
a.
Other Comments:
1.
2.
3.
SUMMARY
CHART - INTERIOR
LANDSCAPE
Landscape
Area
% of Area in
Front or Side
Canopy
Trees
Accent
Trees
Shrubs
Ground Cover
(Sq. Ft.
Required:
Provided:
*Note any credits used in calculations:
a.
Other Comments:
1.
* EXISTING TREE CREDIT SUMMARY Applied To
Canopy Trees Understory Trees
Trees @ 6" - 12" DBH
Trees @ Greater than 12" DBH
LANDSCAPE ORDINANCE 544- B Page 42
SPIN MEETING REPORT
CASE NO. Ordinance 544 -B
PROJECT NAME: Landscape Ordinance Revisions
SPIN DISTRICT: Citywide
MEETING DATE: August 8, 2011
MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE: Seven (7)
• SPIN REPRESENTATIVE(S) PRESENT: Monique Schill ( #11), Mike Terry ( #6)
• STAFF PRESENTING: Dennis Killough, Deputy Director of Planning and Development
Services
• STAFF PRESENT: Keith Martin, Landscape Administrator; Lorrie Fletcher, Planner I
STAFF CONTACT: Dennis Killough, (817)748 -8072; dkillough(o�ci.southlake.tx.us
EXECUTIVE SUMMARY
Details
The City of Southlake is proposing revisions to the Landscape Ordinance No. 544 -A to
include the following revisions:
- Requirement for bubbler or similar low -spray emission devices on separate zone
for all new trees, with few exceptions;
- Compliance with the Texas Commission on Environmental Quality (TCEQ);
- Compliance with applicable City Plumbing Code as it relates to irrigation;
- and, new definitions added that relate to proposed revisions.
QUESTIONS & DISCUSSION
QUESTION: Who does this ordinance apply to? Does the statement under Section
3.1 apply to the whole document?
RESPONSE: Yes. The requirements of this ordinance apply to all new non - residential
construction and multi - family construction other than duplex uses. One
exception may be if a residential development had certain bufferyard
requirements.
QUESTION: Homeowners?
RESPONSE: Commercial development and where residential bufferyards are required
is the intention, not individual homeowners. We will confirm that with the
city attorney.
COMMENT: Section 6.1 also makes a reference to acreage and requirements
regarding qualified plans.
RESPONSE: That is not intended for residential single lots.
LANDSCAPE URDINaNCE 5a - B Page 43
QUESTION: Would it apply to HOA's?
RESPONSE: If the area is a required landscape area or buffer. Again, I would need
legal confirmation.
QUESTION: Do bubblers help with run -off?
RESPONSE: Yes, they have a lower emission rate and concentrate on one area.
QUESTION: Are there bubblers in the medians?
RESPONSE: Yes, as well as drip irrigation.
QUESTION: You have replaced "planter" with "parking lot landscape "... why the
change?
RESPONSE: The updated term adds clarification for the developer.
QUESTION: Who determines tree size or if more than one may be required?
RESPONSE: The developer is required to provide a tree plan. The city landscape
administrator reviews the plan and may determine a waiver if applicable.
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The
report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials,
City staff, and the public of the issues and questions raised by residents and the general responses made.
Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties
are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City
Council.
LANDSCAPE ORDINANCE 544- B Page 44