The URL can be used to link to this page

Item 6B M E M O R A N D U M November 30, 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. During the first reading, staff was asked to consider adding other conservations measures such as smart controllers. After meeting with professional irrigators, it was determined that better conservation results would be achieved through use of pressure regulating devices. This helps prevent overspray and misting resulting in larger droplets of water actually hitting the area to be irrigated. 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 pressure regulating devices on irrigations systems; - Compliance with the Texas Commission on Environmental Quality (TCEQ); - 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/ 1 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. 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). September 20, 2011; Approved (7-0) to table until the October 4, 2011 City Council meeting. October 4, 2011; Approved (7-0) to table until the October 18, 2011 City Council meeting. October 18, 2011; Approved (7-0) to table until the December 6, 2011 City Council meeting. 2 “Redline - Strike Out” Version LANDSCAPE ORDINANCE NO. 544 – A 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; PROVIDINGFOR 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-A - B Amended: -6/15/99 Page 3 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC 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 a.b. Planting Requirements 7 b.c. Example 7 c.d. Location Requirements 7 d.e. 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. Pressure Regulating Devices 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-A - B Amended: -6/15/99 Page 4 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC LANDSCAPE ORDINANCE Table of Contents (continued) 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-A - B Amended: -6/15/99 Page 5 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC 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-A - B Amended: -6/15/99 Page 6 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC BUBBLER, IRRIGATION: Any irrigation emission device which provides a slow trickle or low emission rate of water into the ground next to plant roots, as approved by the Landscape Administrator. 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 (1') 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. PRESSURE REGULATING DEVICE: Any irrigation emission device that is designed to maintain a constant output (flow) over a wide range of operating pressures and elevations, as approved by the Landscape Administrator. 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 LANDSCAPE ORDINANCE 544-A - B Amended: -6/15/99 Page 7 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC maintain year-round color accents. SHRUBS: Plants which grow vertically in a multi-branched growth pattern. 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-A - B Amended: -6/15/99 Page 8 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC ZONING PERCENT OF FLOOR AREA . . . . . . . . . . . . . . . . . . . MF-2, O-1, 0-2 50% . . . . . . . . . . . . . . . . . . C-l, C-2, C-3, HC 50% . . . . . . . . . . . . . . . . . . . . . . . CS, B-130% . . . . . . . . . . . . . .. . . . . . . . . C-4, B-2 20% . . . . . . . I-l, & I-2 Building less than 10,000 S.F. 20% . . . . . . I-l, & I-2 Buildings 10,000 S.F. or greater 15% All buildings in SP1 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. a. 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 b. 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 @ 1/500 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. c. 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. d. e. Water Conservation Credits: Where irrigation systems in accordance with Section 3.6a 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 façade and the R.O.W.. Any new parking area added to an existing site shall comply with the requirements herein. LANDSCAPE ORDINANCE 544-A - B Amended: -6/15/99 Page 9 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC 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 planter parking lot landscape island requirements in order to preserve existing trees in interior parking areas. For existing trees the minimum width of the planter 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: All planter islands in parking areas 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. Planter 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-A - B Amended: -6/15/99 Page 10 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC 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. 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. Pressure Regulating Devices: All irrigation systems shall utilize pressure regulating spray heads and rotor bodies in order to reduce system misting and aid in proper water placement. All pressure regulating devices shall be installed per the manufactures directions. 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 current addition of the American Standard for Nursery Stock. LANDSCAPE ORDINANCE 544-A - B Amended: -6/15/99 Page 11 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC 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 Minimum Size Canopy Tree Single Trunk 50% 2” caliper, 50% 4” caliper Multi-Trunk Clump 8 feet (height) Understory Tree 6’ feet (height) Shrub* 3 gallon Groundcover 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. d. Appropriate title (i.e. "Landscape Plan") e. Title block includes street address, lot and block, subdivision name, city, state, LANDSCAPE ORDINANCE 544-A - B Amended: -6/15/99 Page 12 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC 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. l. 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. 6.3 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") 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. Location of all existing trees 6" caliper or larger which are to be saved. LANDSCAPE ORDINANCE 544-A - B Amended: -6/15/99 Page 13 L:CITYDOC\ORD\FINAL\LANDSCAPE 544-A.DOC j. All pipes labeled as to size. k. All heads labeled as to type. (Legend is acceptable) l. 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-A-B Amended: 06/15/99 Page 14 L:CITYDOCS\ORD\FINAL\LANDSCAPE 544-A.DOC 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 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. ATTEST: MAYOR 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 NameBotanical NameHeight & Width Bur Oak Quercus macrocarpa 60’ x 40’ Live Oak Quercus virginiana 40’ x 50’ Shumard Oak Quercus shumardii 50’ x 50’ Texas Red Oak Quercus texana 30’ x 30’ Chinkapin Oak Quercus muehlenbergii 60’ x 40’ Sawtooth Oak Quercus accutisima 50’ x 40’ Cedar Elm Ulms crassifolia 60’ x 50’ Lacebark Elm Ulmus parvifolia 50’ x 40’ Pecan Carya illinoinensis 80’ x 80’ Bald Cypress Taxodium distichum 70’ x 40’ Dawn Redwood Metasequoia glyptostroboides 70’ x 40’ Western Soapberry Sapindus drummundii 40’ x 30’ Chinese Pistache Pistacia chinensis 40’ x 40’ Sweet Gum Liquidambar 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 NameBotanical NameHeight & Width Eastern Red Cedar Juniperus virginiana 30’ x 20’ Canaert Juniper Juniperus canaert 30’ x 20’ Austrian Pine Pinus nigra 30’ x 30’ Eldarica Pine Pinus eldarica 30’ x 20’ Japanese Black Pine Pinus thunbergii 25’ x 20’ Ponderosa Pine Pinus ponderosa 50’ x 20’ Slash Pine Pinus elliottii 60’ x 20’ Possumhaw Holly Ilex decidua 15’ x 15’ Yaupon Holly Ilex vomitoria 15’ x 15’ Savannah Holly Ilex opaca ‘Savannah’ 25’ x 10’ Aristocrat Pear Pyrus calleryana ‘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 agnus-castus 15’ x 20’ Red Bud Cercis canadensis 25’ x 25’ Southern Wax Myrtle Myrica cerifera 15’ x 10’ Goldenrain Tree Koelreuteria paniculata 30’ x 30’ Rusty Blackhaw Viburnum Viburnum rufidulum 15’ x 15’ Crape Myrtle Lagerstroemia indica 25’ x 15’ Eve’s Necklace Sophora affinis 30’ x 20’ Mexican Buckeye Ungnadia speciosa 15’ x 15’ Desert Willow Chilopsis 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 NameHeight & 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 ‘Variegata’ 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 NameBotanical Name Characteristics Creeping Juniper Juniperus horizontalis (cultivars) Low spreading Japanese Garden Juniper Juniperus procumbens (cultivars) Low spreading st Lantana Lantana spp. Blooms spring to 1 frost Fountaingrass Pennisetum 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 Vinca 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 Required/ Bufferyard Canopy Accent Fence/Screening Base Line Provided Length Width / Type Trees Trees Shrubs Height & Material North- 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 % of Area in Canopy Accent Ground Cover Area Front or Side Trees Trees Shrubs (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 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; PROVIDINGFOR 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 e. 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. Pressure Regulating Devices 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) 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-B 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 (1') 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. PRESSURE REGULATING DEVICE: Any irrigation emission device that is designed to maintain a constant output (flow) over a wide range of operating pressures and elevations, as approved by the Landscape Administrator. 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. LANDSCAPE ORDINANCE 544-B Page 27 SHRUBS: Plants which grow vertically in a multi-branched growth pattern. 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 OF FLOOR AREA . . . . . . . . . . . . . . . . . . . MF-2, O-1, 0-2 50% . . . . . . . . . . . . . . . . . . C-l, C-2, C-3, HC 50% . . . . . . . . . . . . . . . . . . . . . . . CS, B-130% . . . . . . . . . . . . . .. . . . . . . . . C-4, B-2 20% . . . . . . . I-l, & I-2 Building less than 10,000 S.F. 20% . . . . . . I-l, & I-2 Buildings 10,000 S.F. or greater 15% All buildings in SP1 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 @ 1/500 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 façade 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. 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. Pressure Regulating Devices: All irrigation systems shall utilize pressure regulating spray heads and rotor bodies in order to reduce system misting and aid in proper water placement. All pressure regulating devices shall be installed per the manufactures directions. 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 current addition of the American Standard for Nursery Stock. LANDSCAPE ORDINANCE 544-B Page 31 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 Minimum Size Canopy Tree Single Trunk 50% 2” caliper, 50% 4” caliper Multi-Trunk Clump 8 feet (height) Understory Tree 6’ feet (height) Shrub* 3 gallon Groundcover 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. d. Appropriate title (i.e. "Landscape Plan") e. Title block includes street address, lot and block, subdivision name, city, state, LANDSCAPE ORDINANCE 544-B Page 32 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. l. 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. 6.3 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") 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. Location of all existing trees 6" caliper or larger which are to be saved. LANDSCAPE ORDINANCE 544-B Page 33 j. All pipes labeled as to size. k. All heads labeled as to type. (Legend is acceptable) l. 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. ATTEST: MAYOR 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 NameBotanical NameHeight & Width Bur Oak Quercus macrocarpa 60’ x 40’ Live Oak Quercus virginiana 40’ x 50’ Shumard Oak Quercus shumardii 50’ x 50’ Texas Red Oak Quercus texana 30’ x 30’ Chinkapin Oak Quercus muehlenbergii 60’ x 40’ Sawtooth Oak Quercus accutisima 50’ x 40’ Cedar Elm Ulms crassifolia 60’ x 50’ Lacebark Elm Ulmus parvifolia 50’ x 40’ Pecan Carya illinoinensis 80’ x 80’ Bald Cypress Taxodium distichum 70’ x 40’ Dawn Redwood Metasequoia glyptostroboides 70’ x 40’ Western Soapberry Sapindus drummundii 40’ x 30’ Chinese Pistache Pistacia chinensis 40’ x 40’ Sweet Gum Liquidambar 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 NameBotanical NameHeight & Width Eastern Red Cedar Juniperus virginiana 30’ x 20’ Canaert Juniper Juniperus canaert 30’ x 20’ Austrian Pine Pinus nigra 30’ x 30’ Eldarica Pine Pinus eldarica 30’ x 20’ Japanese Black Pine Pinus thunbergii 25’ x 20’ Ponderosa Pine Pinus ponderosa 50’ x 20’ Slash Pine Pinus elliottii 60’ x 20’ Possumhaw Holly Ilex decidua 15’ x 15’ Yaupon Holly Ilex vomitoria 15’ x 15’ Savannah Holly Ilex opaca ‘Savannah’ 25’ x 10’ Aristocrat Pear Pyrus calleryana ‘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 agnus-castus 15’ x 20’ Red Bud Cercis canadensis 25’ x 25’ Southern Wax Myrtle Myrica cerifera 15’ x 10’ Goldenrain Tree Koelreuteria paniculata 30’ x 30’ Rusty Blackhaw Viburnum Viburnum rufidulum 15’ x 15’ Crape Myrtle Lagerstroemia indica 25’ x 15’ Eve’s Necklace Sophora affinis 30’ x 20’ Mexican Buckeye Ungnadia speciosa 15’ x 15’ Desert Willow Chilopsis linearis 20’ x 15’ Ornamental Pomegranate Punica granatum 10’ x 10’ LANDSCAPE ORDINANCE 544- B Page 40 APPENDIX ‘A’ - Recommended Plants Page 2 of 2 Shrubs Common Name Botanical NameHeight & 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 ‘Variegata’ 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 NameBotanical Name Characteristics Creeping Juniper Juniperus horizontalis (cultivars) Low spreading Japanese Garden Juniper Juniperus procumbens (cultivars) Low spreading st Lantana Lantana spp. Blooms spring to 1 frost Fountaingrass Pennisetum 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 Vinca 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 41 APPENDIX ‘B’ REQUIRED LANDSCAPE SUMMARY SUMMARY CHART - BUFFERYARDS Location/ Length of Required/ Bufferyard Canopy Accent Fence/Screening Base Line Provided Length Width / Type Trees Trees Shrubs Height & Material North- 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 % of Area in Canopy Accent Ground Cover Area Front or Side Trees Trees Shrubs (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@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 ORDINANCE 544- 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