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Item 10ACITY OF SOUTHLAKE MEMORANDUM December 1, 2011 To: Shana Yelverton, City Manager From: Ken Baker, Director of Planning and Development Services IDA Subject: Discuss a mitigation /replacement policy for commercial and residential properties with landscape requirements. Action Requested: As a result of the prolonged drought and extreme heat the staff is requesting that City Council consider providing property owners flexibility on the replacement of tree and landscaping material lost this summer. Background Information: Texas climatologist have recently stated the ongoing dry spell is the worst one year drought since Texas rainfall data started being recorded in 1895. The majority of the state has earned the highest rating of "exceptional drought" and the remaining areas in the state are not far behind with "extreme" or "severe" ratings by the U.S. Drought Monitor. So far this year the Southlake area (D1=W airport) has only received 21.5 inches of rain which is over one foot below normal. The National Weather Service predicts that the below normal precipitation trend will occur into the winter months. �EC 4k \ ~=a TNREE -ryry NTN OUi{ R O CxxMOiNpNT„7` i PR RBICIiY f 10- 0!rjJJ •'S NRIIE 211 r` n r 1 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yeiverton, City Manager Meeting Date — December 1, 2011 Page 2 of 3 In addition to the drought the (National Weather Service officially declared 2011 as the hottest summer on record for the Dallas -Fort Worth area. "Summer" is defined here as meteorological summer for record keeping purposes, June 1 to August 31. The summer of 2011 had a daily average high of 101.2 degrees and an average an average low of 79.7 degrees. As a result of the extreme heat and drought, the City of Southlake instituted Stage I watering restrictions on July 25 of this year. Stage I restrictions limit lawn and landscape watering with a sprinkler system to twice a week and must be done before 10 am or after 6 pm any day of the week. The heat and drought has had a major impact on trees, shrubs and other landscapes throughout the City. Stressed and dying trees and shrubs can be spotted throughout the town in both landscaped and natural areas. Most commercial areas in town and some neighborhoods have buffer yard and landscaping requirements. These landscaping requirements stipulate the plant materials must remain in perpetuity. Each fall the PDS department conducts a Landscape Inspection on commercial and HOA properties that have planting requirements tied to the zoning approval. In typical years, property owners are notified if a deficiency exists and the City's landscape ordinance stipulates that the plant material must be replaced in 30 days following notification. Because of the extreme weather circumstances this past year, staff is requesting that City Council consider providing property owners options to replace plant materials. This includes: • Immediately, within 30 days of receipt of the notification letter from the City (Current requirement in Landscape Ordinance 544 -A). The replacement will occur 30 days after water restrictions are lifted and notification of such is received by the City (not to exceed 180 days). City of South.lake Values. Integfity 4 Innovation ® Accountability 1 Commitment to Excellence ♦ Tean -iwofk Shana Yelverton, City Manager Meeting Date — December 1, 2011 Page 3 of 3 • The plant material replacement will be completed within 90 days of the receipt of this letter (provide a schedule to the City). Staff will provide property owners a letter explaining the options and a site plan indicating the dead or missing trees and/or plants. An example of the letter and site plan to be sent is attached to the report. Financial Considerations: Not Applicable Strategic Link: This request is linked to the City Council Focus Areas of Quality Development and Partnerships and Volunteerism. The request also addresses the corporate objectives of providing attractive and unique spaces for enjoyment of personal interests and providing opportunities for partnerships and volunteer involvement. Citizen Input/ Board Review: Not Applicable Legal Review: Not Applicable Alternatives: • City Council approve the options as recommended • City Council modify options • City Council not approve the options Supporting Documents: Example of a property owner notification letter and site plan. Recommendation: Approve recommended options as outlined. City of Southlake Values: Integrity ♦ Innovation + Accountability A Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE 1 9 Plannin,g and Development Services November 28, 2011 Southlake, Texas 76092 Re: Plant Replacement for The City of Southlake requires commercial property owners to continually maintain their landscape in accordance with Landscape Ordinance 544 -A, in perpetuity. During this past summer, with a major drought that included Stage 1 Mandatory Watering Restrictions and extreme heat, many commercial landscapes suffered landscape plant material loss. During a recent inspection of the landscape for the above noted property, there were deficiencies in the property landscaping. An original landscape plan is enclosed identifying dead or missing plant material. This letter serves as notification of the deficiencies in order to permit a reasonable time to bring the landscape back into compliance: North bufFeryard: 3 dead trees and several shrubs in the parking lot buffer hedge. South bufferyard: 3 dead canopy trees and 4 dead ornamental trees South parking lot island: 2 dead ornamental trees and missing groundcover Landscape Ordinance 504 -A of the City of Southlake contains the following requirement with regard to continued maintenance of landscape plant materials and irrigation system required on commercial developments in the City: 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 practice of landscaping. Landscape 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 waste of water. 10.2 PLANT MATERIAL REPLACEMENT: The Owner shall be responsible for replacing all plant material which shows dead branching over 75/0 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. 1400 Main Street Suite 310 . Southlake, TX 76092 (817) 748 -8069 • www.ci.southiake.tx.us 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. However dye to the extreme drought conditions that the area is experiencing the City is providing property owners options for the replacement of plant materials which are provided on the attached form. Please fill out the attached form and return to the City. The following are suggestions for landscape installation to help ensure plant materials remain viable: 1. The fall and winter are the best time to plant trees and shrubs, allowing the root system to become established before the summer heat. 2. The irrigation system should be checked prior to planting to insure that it is in an efficient operating condition. 3. Hand watering and the use of a soaker hose on newly planted plants is allowed under Stage I of water restrictions. 4. In order to preserve moisture in the landscape beds and around trees, it is recommended that a 2 -3 inch layer of wood mulch be installed and maintained year round. If you have any questions or concerns, please feel free to contact me at 817 - 748 -8215 or by e-mail at pmoos ci.southlake.tx.us Sincerely, Patty Moos, RLA Landscape and Zoning Inspector 1400 Main Street Suite 310 • Southlake, TX 76092 (817) 748 -8069 . www.ci.southlake.tx.us CITY OF SOUTHLAKE 9j Planning and Development Smices TREE AND LANDSCAPING REPLACEMENT FORM ** *PLEASE RETURN THIS FORM TO THE CITY OF SOUTHLAKE UPON SELECTION AND COMPLETION * ** (Return Address/Email Address or Fax Number located on the second page) Southlake, Texas 76092 Re: Commercial Addition, Blk 1 Lot 18 will replace the missing or dead plant material listed below at the property located East Southlake Boulevard (Please see attached landscape plan): North bufferyard: 3 dead trees and several shrubs in the parking lot buffer hedge. South bufferyard: 3 dead canopy trees and 4 dead ornamental trees South parking lot island: 2 dead ornamental trees and missing groundcover Please remove any dead plant material immediately. The plant material will be replaced (please check one of the following options): Immediately, within 30 days of receipt of the notification letter from the City of Southlake (Landscape Ordinance 544 -A, 10.2) After Stage I watering restrictions have been lifted. The replacement will be completed within 30 days after restrictions are lifted and notification of such is received from the City (Not to exceed 180 days from the receipt of this letter). The plant material replacement will be completed within 90 days of the receipt of this letter (provide a schedule is the space below, not to exceed 90 days, for the completion of the replacement): 1400 Main Street Suite 310 + Southlake, Tai 76092 (817) 748 -8069 + www.ci.southlake.tx.us Property Representative Signature Contact Address Date Contact Phone Number ** *PLEASE RETURN THIS FORMTO THE CITY OF SOUTHLAKE UPON COMPLETION * ** If you have any questions or concerns, please contact me at 817- 748 -8215 or by e-mail at pmoos ci.southlake.tx.us Sincerely, Patty Moos, RLA Landscape and Zoning Inspector Return Addresses — Patty Moos, RLA 1400 Main Street Suite 310 Southlake, TX 76092 or Email — Pmoos ci.southlake.tx.us or Fax — 817 - 748 -8077 1400 Main Street Suite 310 + Southlake, TX 76092 (817) 748 -8069 • www.ci.southtake.tx.us