0544B LANDSCAPE ORDINANCE NO. 544 — B OFFICIAL RECORD
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE
544 -A; REVISING AND AMENDING REGULATIONS FOR THE
INSTALLATION OF LANDSCAPING IMPROVEMENTS ON NON-
RESIDENTIAL CONSTRUCTION AND MULTI - FAMILY CONSTRUCTION,
OTHER THAN DUPLEX USES; REVISING CERTAIN DEFINITIONS;
AMENDING REQUIREMENTS FOR THE SUBMISSION OF LANDSCAPE AND
IRRIGATION PLANS; REVISING REQUIREMENTS FOR LANDSCAPING
IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY; PROVIDING FOR
MAINTENANCE OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR
MODIFICATIONS, VARIANCES, AND APPEALS FROM THIS ORDINANCE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and,
WHEREAS, the City Council of the City of Southlake has determined that minimum
landscaping requirements for non - residential and multi - family dwelling (other than duplex) uses are
necessary to adequately protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
LANDSCAPE ORDINANCE 544 -B Page 1
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
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
LANDSCAPE ORDINANCE 544 -B Page 2
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
Appendix `A' - Recommended Plants
Appendix `B' - Required Landscape Summary
Appendix `C' - Typical Plant List
Appendix `D' — Application
LANDSCAPE ORDINANCE 544 -B Page 3
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.
BUBBLER, IRRIGATION: Any irrigation emission device which provides a slow trickle
or low emission rate of water into the ground next to plant roots.
LANDSCAPE ORDINANCE 544 -B Page 4
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.
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.
LANDSCAPE ORDINANCE 544 -B Page 5
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.
ZONING PERCENT OF FLOOR AREA
MF -2, 0-1, 0 -2 50%
C -1, C -2, C -3, HC 50%
CS, B -1 30%
C -4, B -2 20%
I -1, & 1 -2 Building less than 10,000 S.F. 20%
I -1, & 1 -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.
LANDSCAPE ORDINANCE 544 -B Page 6
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 facade and the R.O.W.. Any new parking area added to an existing site shall
comply with the requirements herein.
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.
LANDSCAPE ORDINANCE 544 -B Page 7
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 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 manufacturer's directions.
LANDSCAPE ORDINANCE 544 -B Page 8
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.
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
LANDSCAPE ORDINANCE 544 -B Page 9
* 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,
date of preparation.
f. Name and address of owner.
g. Name, address and phone of firm preparing plan.
h. Boundary shown with dimensions.
i. Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas,
electric, cable, etc.)
j. Width and type of bufferyards labeled on all sides.
k. Location, caliper size and name of all existing trees 6" caliper or more which are
to be preserved.
1. Location, quantity, size and name of all proposed plant materials.
m. Maintenance note provided. (Section 10.1)
n. Provide standard Bufferyard and Interior Landscape Calculation Chart from
Approved Site Plan.
o. Visibility triangles shown.
P. Landscape Architect seal signed and dated.
q. Plant list shown with format similar to Appendix 'C'.
r. Any berms delineated with one -foot (1') contour intervals.
LANDSCAPE ORDINANCE 544 -B Page 10
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.
j. All pipes labeled as to size.
k. All heads labeled as to type. (Legend is acceptable)
1. 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.
LANDSCAPE ORDINANCE 544 -B Page 11
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.
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
LANDSCAPE ORDINANCE 544- B Page 12
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
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.
LANDSCAPE ORDINANCE 544- B Page 13
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
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
LANDSCAPE ORDINANCE 544- B Page 14
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
Administrator in response to changes in the administration of this ordinance.
LANDSCAPE ORDINANCE 544- B Page 15
PASSED AND APPROVED ON THE FIRST READING ON THIS 1.0 41 1 DAY OF
.pi.►mhn ) , 2011.
AT TEST: s: p �,'.�. ...).
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MAYOR CITY SECRETARY 11 :.. , 0 " =Y -
PASSED AND APPROVED ON SECOND READING ON THIS 1..0 fig DAY OF
P/YI1hn , 2011.
ATTEST:
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MAYOR CITY SECRETARY = r = N =
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY i
Date Adopted: Lio/pnhyvt , doll
Effective Date: A2LcIrd IA) 9, ,2t711
LANDSCAPE ORDINANCE 544- B Page 17
APPENDIX `A' - Recommended Plants
Page 1 of 2
Canopy Trees
Common Name Botanical Name Height & 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 grandora 50' x 30'
Texas Ash Fraxinis texensis 50' x 40'
White Ash Fraxinis americana 50' x 40'
Accent Trees
Common Name Botanical Name Height & Width
Eastern Red Cedar Juniperus virginiana 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 17
APPENDIX `A' - Recommended Plants
Page 2 of 2
Shrubs
Common Name Botanical Name Height & Width
Dwarf Burford Holly Ilex burfordii `nano' 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 grandora 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 Name Botanical Name Characteristics
Creeping Juniper Juniperus horizontalis (cultivars) Low spreading
Japanese Garden Juniper Juniperus procumbens (cultivars) Low spreading
Lantana Lantana spp. Blooms spring to 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 18
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 S ' . 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 19
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CITY OF SOUTHLAKE
LANDSCAPE / IRRIGATION PLAN APPLICATION
TITLE OF PROJECT:
OWNER LANDSCAPE ARCHT. / DESIGNER
NAME:
CONTACT:
ADDRESS:
PHONE:
I hereby certify that these plans are in compliance with the requirements of the Landscape Ordinance 544 -B, Zoning
Ordinance 480 Bufferyard Section 42, amendments and other ordinances, maps, and codes of the City of Southlake that pertain to this
submittal.
Signed: Date:
For City Use Only:
I hereby acknowledge receipt of the Landscape / Irrigation Plan application.
Signed: Date:
The following checklist is a partial summary of Landscape /irrigation Plan requirements required by the City of Southlake. The
applicant should further refer the Landscape Ordinance No. 544 -A, Zoning Ordinance 480 Bufferyard Section 42, amendments and
other ordinances, maps and codes available at the City Hall that may pertain to this Landscape / Irrigation Plan submittal.
LANDSCAPE PLAN REQUIREMENTS
Shown Not
On Plan Applic.
Sheet size 24" x 36 ", or as approved.
Acceptable scale: 1" = 10', 1" = 20', or as approved
North arrow, graphic and written scale in close proximity.
Appropriate title (i.e. "Landscape Plan ")
Title block includes project name, street address, lot and block, city, state, date of preparation.
Name and address of owner.
Name, address and phone of firm preparing the plan.
Boundary shown with dimensions.
Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas, electric, etc.)
Width and type of bufferyards labeled on all sides.
Location, caliper size and name of all existing trees 6" DBH or more which are to be preserved.
Location, quantity, size and name of all proposed plant materials.
Maintenance note provided. (Section 10.1)
Provide Bufferyard and Interior Landscape Calculation Chart from Approved Site Plan.
LANDSCAPE ORDINANCE 544- B Page 21
Shown Not
On Plan Applic.
Visibility triangles shown.
Landscape Architect seal signed and dated.
Plant list shown with format similar to Appendix `C'.
Any berms delineated with one -foot (1') contour lines.
IRRIGATION PLAN REQUIREMENTS
Sheet size: 24" x 36 ", or as approved.
Acceptable scale: 1" = 10', 1" = 20', or as approved (Must be same as Landscape Plan)
North arrow, graphic and written scale in close proximity.
Appropriate title (i.e. "Irrigation Plan ").
Title block includes project name, street address, lot and block, city, state, date of preparation.
Name and address of owner.
Name, address and phone of firm preparing the plan.
Boundary shown with dimensions.
Location of all existing trees 6" DBH or larger which are to be preserved.
All pipes labeled as to size. (Legend is acceptable)
All heads labeled as to type (Legend is acceptable)
Backflow prevention labeled with type and size.
Connection to water service shown after meter.
Second meter (with size) shown if intended.
Any existing easements and utilities shown. (i.e. water, sewer, storm drain, gas, electric, etc.)
Note on plan: "all backflow installations and connections to city water lines must be permitted separately
by the Southlake Building Inspections Department."
Maintenance note provided. (Section 10.1)
Plan sealed, signed and dated by qualified professional as authorized by State law.
LANDSCAPE ORDINANCE 544- B Page 22
INVOICE
Star-Telegram ;,-,-7.
Customer ID: CIT57
400 w. 7TH STREET Invoice Number: 317499731
FORT WORTH, TX 76102
(817) 390 -7761 k. Invoice Date: 8/24/2011
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To: OFFICE OF CI TY SECRETAR Due Date: 8/31/2011
PO Number: 21100072
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 31749973
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: PUBLIC HEARING
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 8/24/2011
.DeS . _ t> . ; -- 4,; . 4 Depth Linage MU Rate Amount
PUBLIC HEARING NOTICE
PUBLIC 1 Y F SO, EXA L @gal
No IT is O hereby given UTHLAKE to T all inter- S 4.,,,,,,,,_ _ - s NOtIce5
_ 32 32 LINE X3.19 $101.96
ested persons t hat the Council Garden Cnter ppert
of the City o f Southla ke , C Texas, described as Retail Loe
t 17, H . Gran y
Sales Disc will hold a public hearing on No. 581 Addition, Southlake, Tar- ' ($57.24)
Tuesday, September 20, 2011, at rant County, Texas and being
5:30 p.m. or immediately following ocated at 445 West Southlake
the Ci Counesn in Boulevard, Southlake, xas. Cur -
M1SC Fee the Council Ch ambers Work at S City sio Hail, rent Zoning: C2 - Loc Retail $10.00
1400 Main Street, Southlake, Texas. Commercial District. SPIN Neigh -
The purpose of this hearing is to borhood 4 10.
consider: All interested persons are urged to
• Ordinance 544 -B, 2nd Rearing, attend.
amending ordinance 544 -A, the ;.iry City of Southlake
of Southlake's Landscape Ordi- Alicia Richardson, TRMC Net Amount: $54.72
nance. 1 City Secretary link
• ZA11-034, Site Plan for Strafort � — 4T H O _ �lr i �(/ ; ;Y PVe` I y
i
: v .,C
? s 2 1� ° W : .
_ *• iN
41. of
i ••••••PIED•• %
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publishe in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323 �w ^
Signed ♦SL_tr\ —
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Au' - 2;;; 2011. /
Notary Public ■e _! ' J
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 317499731
Invoice Amount: $54.72
PO Number: 21100072
Amount Enclosed: $