Loading...
HomeMy WebLinkAboutO-2721-3-08ORDINANCE NO. 2721-3-08 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS, AS PREVIOUSLY AMENDED, BY AMENDING ARTICLE VI, SECTION 7.05 LANDSCAPING REQUIREMENTS, SECTION 7.08 PERFORMANCE STANDARDS, AND APPENDIX C, TREES AND PLANTS; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the Allen Land Development Code Zoning Regulations of the City of Allen, Texas, as previously amended, should be further amended as follows: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations be amended by amending Article VII, ' Section 7.05 Landscaping Requirements; Section 7.08 Performance Standards; and Appendix C, Trees and Plants, as set forth in Exhibit "A," attached hereto and incorporated as set forth herein. SECTION 2. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and the same are hereby, repealed, provided, however, that all other provisions of said Ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or of the Allen Land Development Code as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. Any person, fnn or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Allen Land Development Code of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This Ordinance shall take effect immediately from and after its passage and publication in ' accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. 1 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 25TH DAY OF MARCH, 2008. APPROVED: (Sterfieifterreff, MAYOR APPROVED AS TO FORM: ATTEST: Ordinance No. 2721-3-08, Page 2 ✓. % ( 71�iXC� Vl 71�� P er . Sm th, ATTRNEY Shelley B. Georg IC, CITY S RETARY Ordinance No. 2721-3-08, Page 2 E}SIT "A" AMENDMENTS TO THE ALLEN LAND DEVELOPMENT CODE ' "Section 7.05. Landscaping Requirements. The provisions of this section: 5. Establish standards and requirements for the installation of irrigation systems. Section 7.05.2. Multi -family District & Non-residential Landscaping Requirements. 4. Landscape Buffer Planting Requirements: a. For all lots one (1) shade tree for every forty (40) feet of street frontage, or portion thereof and one (1) omamental tree for every two (2) shade trees is required. b. No more than fifty percent (50%) of the landscape buffer area shall be planted with turf. 5. Surface Parking Lot Landscaping a. Planting requirements: iv. A two (2) foot -wide paved or non -planted area adjacent to the back of the curb shall be installed adjacent to all parking spaces. vi. All parking lot islands shall be no less than eight (8) feet wide and a minimum of seventeen (17) feet in length or the length of the adjacent parking stall; totaling no less than one hundred thirty-six (136) square feet in area. All dimensions are taken from back -of -curb to back -of -curb. This is the minimum landscape area required for tree islands. "Diamond" islands are not allowed. All islands must be fully landscaped. xiv. Landscaped areas may include shrubs, trees and groundcover in combination with mulch, crushed granite, river rock, decorative pavers or similar material. Such materials shall be limited to fifty percent (50%) of the landscaped area and shall be approved by the Parks Department. Section 7.05.4. Landscape Maintenance Requirements. 1 ... 1. Where a Landscape Plan has been approved, all plant material shall be maintained in a healthy and growing condition, and must be replaced with plant material of similar variety and size if damaged, Ordinance No. 2721-3-0& Page 3 destroyed, or removed. 2. Where a Landscape Plan has been approved, landscaped areas shall be kept free of trash, litter, weeds, and other such materials and plants not a part of the landscaping. Materials including mulch, rocks and decorative pavers shall be maintained in accordance with the approved Landscape Plan. 3. Except in single-family (attached or detached) districts, an automatic irrigation system must be installed in all required landscaped areas and all front yards along thoroughfares with a right-of-way in excess of eighty (80) feet. All irrigation systems shall be maintained in proper operating condition and in accordance with the requirements of this Code. Section 7.05.5. Landscape Plan Approval. 1. The applicant shall submit landscape plans with all applications for non -single family residential building permits to the Planning and Development Department. 2. The applicant shall submit landscape plans for areas which include public right-of-ways, parks, and greenbelts to the Department of Parks and Recreation. The applicant shall also submit "As Built" plans for areas which include public right-of-ways, parks, and greenbelts drawn to scale upon completion but prior to final acceptance. 3. The landscape plan shall be sealed by a Texas registered Landscape Architect. The City shall provide the applicant with a landscape review checklist and shall evaluate the appropriateness of the landscape plan and may approve it, or approve it subject to stipulations. ' 4. New landscape plans shall be submitted and landscaping shall be updated to meet the requirements of this Code when: a. the site is being redeveloped; or b. there is an increase in the existing square footage of building area of twenty-five percent (25%). Section 7.05.6. Irrigation Plan Requirements. 1. The applicant shall submit full irrigation plans with all applications for installation of irrigation systems to the Office of the Chief Building Official. 2. The City shall provide the applicant with an irrigation review checklist and shall evaluate the appropriateness of the irrigation plan and may approve it, or approve it subject to stipulations. Irrigation plans must comply with all State of Texas design and installation requirements to minimize water waste and promote water conservation. The installation and operation of all irrigation systems shall also meet the requirements of the City's Water Conservation Ordinance. 3. All new irrigation systems shall meet the following requirements: a. The irrigation plan shall be sealed by a Licensed Irrigator or Texas registered Landscape Architect. b. The system must include an automatic controller and sensors that prevent the operation of irrigation during rainfall or in freezing weather. c. All non -turf landscape areas shall be designed with drip irrigation and/or pressure ' compensating tubing (no above -ground spray). d. All landscaped areas located between the sidewalk and cub/pavement edge for any development shall be designed with drip irrigation and/or pressure compensating tubing (no above -ground spray). e. Turf areas utilizing spray irrigation are to be designed using low -angle spray heads. Ordinance No. 2721,3-08, Page 4 I. Irrigation heads shall be spaced for maximum distribution and uniformity. The system shall be designed to provide a distribution uniformity of seventy-five percent (75%) or better. ' g. The irrigation design shall prevent overspray on impervious surfaces and excessive runoff. It. Irrigation systems that vary from the standards of this Code and are designed to minimize water usage may be reviewed and approved by the Parks and Recreation I3eparmumt. 4. All new irrigation systems for non -single family developments shall meet the following requirements: a. All landscaped areas that are less than ten (10) feet in width and adjacent to impervious surfaces, and landscape islands 200 square feet or less in area shall be designed with drip irrigation and/or pressure compensating tubing (no above ground spray). 5. All new irrigation systems for single-family homes shall have separate canes for a drip system around the foundation. 6. A Licensed Irrigator or Certified Irrigation Auditor shall conduct the following required irrigation inspections: a. Installation inspection: An irrigation system inspection shall be required for all new irrigation systems. For new developments, documentation of the inspection shall be submitted to the City prior to issuing a Certificate of Occupancy. The inspection must include an evaluation of the system distribution uniformity and meet the design and installation requirements of this Code. An irrigation inspection requirement checklist shall be made available by the City. ' b. Recurring inspections: An irrigation inspection shall be required for all irrigation systems, new and existing, in non -single-family developments and shall be submitted to the City once every three (3) years. The City shall establish a timeline and procedures for all developments to submit irrigation system inspection documentation to the City for review. 7. When existing irrigation systems are expanded by more than twenty-five percent (25% of the land area covered by the system); or more than twenty-five percent (25% of the land area covered by the system) of the irrigation system is replaced, the portion being expanded or replaced shall meet the requirements of this Code. Section 7.08. Performance Standards. 5. All developments shall meet the requirements of the City of Allen Water Conservation Ordinance in addition to the provisions below: a. Vehicle wash facilities using conveyorized, touchless, and/or rollover in -bay technology shall reuse a minimum of fifty percent (50%) of water from previous vehicle rinses in subsequent washes. b. Vehicle wash facilities using reverse osmosis to produce water rinse with a lower mineral ' content shall incorporate the unused concentrate in subsequent vehicle washes. c. Self-service spray wands used shall emit no more than three (3) gallons of water per minute. Ordinance No. 2721-3-08, Page 5 1 1 "Appendix C — Trees and Plants RECOMMENDED SPECIES FOR NEW PLANTINGS The following is a list of recommended high quality, long -living trees and shrubs which are considered suitable for local soil conditions and climate. Other species may be acceptable with approval from the Parks and Recreation Department. a. OVERSTORY (SHADE) TREES: Height Range — thirty (30) to sixty (60) foot, minimum three (3) inch caliper Cedar Elm Lacebark (Bosque) Elm Lacebark (Atlee) Elm Pecan Chinese Pistache Bur Oak Shumard or Texas Red Oak Texas Ash Live Oak Eastern Red Cedar Chinquapin Oak Gum Bumelia or Chittamwood Black Walnut Eastern Persimmon Shantung Maple Ulmus crossifolia Ulmus parvifolia `Bosque' Ulmus parvifolia `Atlee' Carya illinoinensis Pistacia chinesis Quercus macrocarpa Quercus shumardii or texana Fmxinus pennsylvanica Quercus Virginian Juniperus virginiana Quercus muhlenbergii Bumelia lanuginosa Juglans nigra Diospyrns virginiana Acer truncamm The listed Overstory Trees are acceptable Replacement Trees. b. For residential subdivisions, no more than twenty percent (20%) of one species may be planted during development for mitigation replacements and front yard tree planting requirements. c. ACCENT (ORNAMENTAL) TREES: Height Range—ten (10) to twenty (20) feet The following ornamental trees, with staff approval, may be substituted for the required shade trees. These ornamental trees shall have a minimum caliper of three (3) inches. Afghan (Eldarica) Pine Pinus eldarica Redbud Cercis Canadensis Redbud Cerois canadensis var. `Alba' Crape Myrtle Lagerstremia indica Yaupon Holly Ilex vomitoria Aristocrat or Capital Pear Pyrus calleryana Eve's Necklace Sophora affinis Texas Sophom Sophora segundiflom Mexican Plum Prunus Mexicana Crabapple Malus augustifolia Deciduous Holly Ilex decidua Chaste Tree Vitex Agnuscastus Mexican Buckeye Ungnadia speciosa Desert Willow Chilopsis linearis Smoketree Cotinus obovams Flame leaf Sumac Rhus lanceolata Ordinance No. 2721-3-O8, Page 6 I Lacey Oak Wax Myrtle Carolina Buckthome Rusty Blackhaw Texas Redbud Foster Holly Savannah Holly Chitalpa Roughleaf Dogwood e. GROUND COVER Purple Winter Creeper Virginia Creeper Honeysuckle 2. UNPROTECTED TREES Arizona Ash Black Willow Bois D'Arc (Native) Chinese Tallow ' Cottonwood (Native) Honey Locust (Native) Lombardy Poplar Mulberry Siberian Elm Silver Maple Weeping Willow Box Elder Tree of Heaven Mimosa Liriope Boston Ivy Monkey Grass TREE PLANTING SPECIFICATIONS Quercus laceyi Myrica cerifem Rhamnus caroliniana Vibumum mfidulum Cemis canandensis var. texensis Ilex x attenuate `Fosteri' Ilex x attenuam'Savannah' Chitalpa tashkentensis Cornus dmmmondii English Ivy Vinca Fraxinus velutina Salix nigra Maclum pomifem Sapium sebifemm Populus deltoides Gleditsia triacanthos Populus nigra Italica Moms alba Ulmus pumila Acer saccharinum Salix babylonica Acer negundo Ailanthus altissimus Alibizia julibrissin PURPOSE: 1. To provide standards and requirements for any landscaping installation for which the City will take ownership or maintenance responsibility. 2. Provide guidance for the installation and maintenance of private landscaping. These specifications only become required where specifically referenced by the Allen Land Development Code. 1.5 GUARANTEE E. At the end of the twelve-month warranty period, the Contractor shall send a written request for inspection at least fourteen (14) days prior to the anticipated date of warranty termination. An inspection may be made by the City of Allen upon receiving written request from Contractor. Any tree to be replaced as determined by the City of Allen shall be removed from the site. These and any trees missing due to Contractor's negligence shall be replaced as soon as conditions permit during normal Ordinance No. 2721-3-08, Page 7 planting season, at no additional cost to the City of Allen. PART2-PRODUCTS 2.1 GENERAL B. SOURCE QUALITY CONTROL: 3. Plant material selection: Plant materials shall be inspected for approval or rejection at the project site by the City of Allen. The Contractor is responsible for giving the City of Allen forty-eight (48) hour prior notice of tree delivery. Failure to provide such notice and planting of the trees without such notice shall subject the installation to rejection by the City of Allen without recourse. C. PRODUCT DELIVERY, STORAGE, AND HANDLING 3.e. If delays in planting beyond the Contractor's control occur after delivery, trees shall be kept watered and protected from sun, wind, freezing, or mechanical damage; and root balls shall be ' covered with topsoil (not heavy clay). This shall be considered an incidental cost to the planting of each tree. Do not remove container grown stock from containers until planting time. "Heel in" trees in moist soil immediately upon delivery. Keep the roots constantly moist until planted. The heeling -in grounds shall be a well -protected, shaded area and shall be restored to its original or better condition prior to acceptance of the project. 3.01 PLANTING G. MAINTENANCE: L Maintenance during installation shall begin immediately after each tree is planted and shall continue until as required until the date of Final Acceptance. Only upon Final Acceptance of the entire project or tree installation will the City assume maintenance responsibilities. 2. Tree shall be inspected at least twice per week by the Contractor during the installation period and until Final Acceptance. a. Trees shall be pruned and mulch replaced as required to maintain a minimum three (3) inch depth. b. Stakes, guys, and eroded tree saucers shall be tightened, repaired or replaced as required. ' c. Remove grass and weeds including root growth from tree planting pits. Ordinance No. 2721,3-08, Page 8 3. If an operable City irrigation system with suitable hose bibbs or quick -coupler valves exists in the vicinity of the tree planting, the Contractor may utilize the system at no cost to the Contractor for ' watering the trees after securing permission from the Parks and Recreation Department If no such irrigation system exists, the Contractor shall hand water all trees with water secured from a City -approved source at his or her own expense. Contractor will be required to reimburse the City for excessive water usage arising from leaks or Contractor negligence. a. The Contractor shall be responsible to inspect, at least twice -weekly, all tree plantings and deep water if necessary to supplement any surface irrigation that exists at the site. More frequent watering may be necessary during periods of extreme heat or drought, and shall be performed by the Contractor at no additional cost to the City. b. The Contractor shall be responsible for adhering to all water conservation regulations and drought restrictions. 4. The Contractor shall be responsible for trash and litter removal from all tree planting areas, removing grass and weeds and restoring mulch levels prior to Final Acceptance. 1 Ordinance No. 2721,3-08, Page 9