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HomeMy WebLinkAboutOrdinance ORDl Nl\i4 CE NO.. t505 \ I AN OROl NANCE AMENDING THE ZONING ORDINANCE NO:' 8so, 'REVISING THE LANDSCAPING REGULATIONS. WHEREAS., .theCity.,Counq.il held a public hearing in the...C.ity Hall at"7:00 P.M.' on Thurs- day, February 23, , 1984, on the question of amending the Zoning Ordinance No. 850; AND WHEREAS, the City Council has determined to amend Ordinance No. 850; THEREFORE, BElT OROAINEOBY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: The Zoning OrdInance No.8S0 is hereby amended as follows: 7-0. APPLICATION OF SECTION. 7-0.1. PURPOSE Except as otherwise provided below, the landscaping requirements of this Sect; on sha 11 apply to all Jand located in the.Cityof College Stat ion. Such landscaping requirements shall become<applieable as to each individual lot at suehtJme as. an application fora building permit on s-uchlot is made.' Theserequirementsremai nwith any 'subsequent o'vvner. Each phase ofaphased project sha llcomplyw i th the requ i rements of th is see tion. The landscaping requirements of this section with the exception of Section 7-0.4(10) shall not apply to building permits for single family and duplex units. Where a valid building permit Is issued prior to tbe effective date of this section, . the landseapingordinance of College Station in effect at the date of such issuance shall apply to such permi t. 5. When the requirements ofthi sSect i on con flJct with requ i rementsofother provislonso"fthfs Code,>, thiss'ectton'shall prevail. Provided, however, that.....theprovis;fons...of..this Sef.:.tIon~shall be subordinate to the provisions of Section 6-A,pertainingtotrafficand pedestrian safety, and the provi- sions of OrdInance 1301 pertaining to waterway development. To improve the safety of traffic flow and to improve community appearance. 7-0.2. DEFINITIONS ( '\ :'-.- '~ For the purposes of this section, the following terms shall have the special meanings ascribed to thembelo\v,wh ich specia 1 mean ings sha llgoverni n ease ofconflLct '-"lith the general definitions of Ordinance 850 Section 1-0. Canopy Tree -Anysel f-supportingvJoodyplant wIth one well defined trunk andadist i rlet and definite formed crownwhichatta ins a he i ghtofat 1 east 3 Q.feet . ~dance No. \)0) page 2 Non-Canopy Tree ->Any self-supporting woody plant'vYith One or more trunks whJchattains a heightofatleasf 15 feet. ExistlngTree - Any self-supporting woody plant, except Celtis occidental is (Common Hackberry), with one well defined trunk six inches in diameter or greater at one foot above the ground. Shrub. - A woody perennia.l planting differing from a perennial herb by its more woody stem and from a tree by its low. stature and hab itofbranch i ng from the base. I Groundcover-A spreading plant Including sods and grasses less than 18 inches in height, which is used for erosion control" Bar r icadeareaforex i sti ngtrees -A protected a rea extend ingin a rad i us seven feet from every protected tree that prevents intrusion by construction equipment andotherveh Ic les. ' Parking- Interior-Parking rows which are not located on the periphery of the proposed project site and further, where none of the parking spaces abut any property line associated with the proposed project site. Parking-PerJpheral- Parking rows consisting of individual parking spaces which abut the periphery or property 1 ines associated with the proposed p ro j e c t s j t e . Parking Rows - Single ParkIng Row: A single row of spaces for the parking of motor vehicles as illustrated in Flgure 1. Double Parking Row: Two parallel rows of spaces for the parking of motor vehicles arranged so that when parked, the front end of each motordvehicle faces the front end of another motor vehicle as illustrated in Figure 2. Space - A space used for the parking of a motor vehicle, where said space is not less thannine(9} feet wide, twenty (20) feet long and contains not less than one hundred eighty (180) square feet of area. ProJect ReviewCommittee'-A committee ~eoniposedof the Director of Planning, the CityEngineer,andtheChC:1irman of the Planning and Zoning Commission, or his or her des ignated alternate. 7-D.3. PROCEDURES (1) When sIte plan review by the Project Review Committee and/or the Planning and Zoning Commission is required the site plan shall eontain the informa- t'lonlistedin the subsection below. a. The location of existing boundary lines and dimensions of the tract. bit The location of existing and proposed utility easements on or adjacent to the lot and the location of overhead power lines. c. The location, size and type of proposed landscaping in proposed land- scaped~areas;and the size of proposed landscaped area. Botanical nomenclature as well as common names must be 1 is,ted. trees ml]'st be label 1 edas ccntainer"ized or balled and bur.. Ordlnance No. 1505 Page 3 e. The location and species of. existing trees having trunks six (6) inches or larger in dlamE;ter. .... .' f. An indJcatlonofihowtheapplicant plans to protect the existing trees, which 'are proposed to receive 150 points, from damage during construction. g. Locate the proposed irrigation system or hose connections. h. Information necessary for verifying whether the minimum requir~d landscaping points have been met under section ]-D.4. (,' 7-0.4. LANDSCAPING REQUIREMENTS i. An indication, of adjacent land uses, existing development and road\vays. 1. Landscaping points are genera,ted by either the square footage of the deveLopment or the number of i tsparking spaces. The higher of the t\vO point totals will be applied. The minimum number of points for any develop- mentis 500 points. o - 50 spaces 51 ... 100 spaces (next 50 spaces) 101 - 200 spaces (next 100 spaces) 201 + spaces 30 points per 1000 square feet of site area. 16 po in ts per space 12 points per space 1 0 points per spa ce 8 points per space 2. Accrued landscaping points are expended on landscaping material with the following point values. *Protected existing canopy tree Unprotected ex'isting canopy tree New canopy tree;:. 150 pts. 7S pts. 100 pts ., 75 pts. 75 pts.. 40 pts. 10 pts. 10 pts. I. New canopy tree (balled &., burlapped) New canopy tree (containerized) Non-canopy tree Shrubs G rou n d cove.r (excludIng grasses) min. 611 cal iper at 12" above the ground min. 2 II C a 1 i p e ra t 611 above theg round m in. 3. S" co 1 i per a t 6" above the ground min. 211 cal iper at 611 above the ground min. 1.511 caliper at 611 above the ground m in. S ft. to 6 ft. m in. S gallon m in. 1 ga.llon for dwarfs 100% cover in one year from the date of issuance of Certi- f icate of Cccupancy. (As determined in accordance with standards in Landscaping and Nursery Trade, it being the intent of this 'ordinance' to provide a reasonable, rath.er thana' s~rict requTrc,nent). Ordinance No~ 1505 Page 4 G~-oundcover (grasses) See Section 7-D.4.3(CJ) & (b). Opts. ~ '.' \. \ i'~To recelve7S or ISO points,'all existing trees mustbein good form and condition and reasonably free of damage by insects and/or disease. 3. (a) Groundcoveris required in parking lot lislands, in swales and drainage areas, 'in the 8 foot setback alrea provided by Section 7.0.7 and ina 11 unpaved portions of street olrhi ghvJay ri ght-of-\~Jay abutting the property. I (b) If grass is to be used for groundcover,1100% live grass groundcover is required, whether by solid sod overllay or preplanting and success- ful takeover of grasses. 4. ! I Every project must expend a minimum of 50% of its point total on canopy trees. r ? . Landscaping must be reasonably dispersed throughout the development. 6 . To receive 150 points for existing 611 caliper trees, a barricade with a minimum radius of seven (7.) feet from every protected tree must be installed prior to grading and construction, The barricade must remain in place until all grounddisturbin9 activities are completed. If the protected tree(s) is located in a parking lot island the barricaded area must become the tree(s) island upon project completion. No utilities or sprinkler system may be located in the barricaded area. This area shall not be used as a storage area or dumping area for paints, concrete, and other toxicants deleterious taa tree's survival during any phase of the project. 7. Every development must employ either a sprinkler system or have a hose eonnection within 150 feet of any landscaping. 8. Replacement of dead landscaping must occur within4S days of notification. Replacement material must be of similar character and the same or higher point totaJ as the' dead T~ndscaping. 9. All landscaping must be complet~dhefore a Certificate of Occupancy is issued. However, pJantingof trees and shrubs between June 15th and September. 15th may be delayed until October 15th. During this three-month period landscaped area must have allgroundcover in place before a Certificate of Occupancy is issued. 10. Eroded or otherwise displaced soil must be removed from the R.O.W. abutting the., development be'fore the Cert.if i cate of Occupancy will be issued. 7~D.5. LANDSCAPING GUIOE :..- 1. The City Forester sh;=}lldetermine \vhich types ofg,=nerally used plants are viable in the College Station area, and shall prepare a guid'e of such plants, setting forth their generic and scientif,icnames. At the request of the Planning Oepartment, the Commi ssi on', or any app li- cant, the Forester will determine the vlabil ity of any other plant variety propose"dforutilization upon a plan, or for inclusion. in the guide. 2, 'The Planning andZonlng ,Commission may consider and approveanv other pl11nt'variety not listed in the guide on the basis of viability in the Ord i nance No. 1505 Page 5 7-D.6. PUBLIC PROPERTIES 7-D.7. i All matters involving the preservation, pruningf planting .and removal of trees and shrubs in parks, along City streets and in <pther public places shall be the responsibility of the Community Appearance tommfttee and the City Forester. A r ai s ed i s 1 and, not 1 e s s than six (6) i n c he s i ~ he i g h t ,and no t 1 ~ s s t h a n eight (8) feet in width shall separate publ ie rtght-of-way from parking areas. i 7-0.8. RAISEO ISLANOS FOR SINGLE PARKING ROWS 7-0.10. 7-0.11. A raised island, not less than six (6) inehes in height and encompassing not less than one hundred eighty (180) square feet in area with a bottom contiguous with existing soil, shall be located as follo\^/s: A. Interior Parking: At both ends of every single pa,rking row, regardless of the length of the row. B, Peri pheral Parki ng: Between every twenty (20) parki ng spaces. A raised island, not:;l~ss than six (6) incHes in height and encompassing not less than three hundred sixty (360} squ-are feet in area witha bottom conti- guous with existing soil, shall be located at both ends of every double parking row regardless of the length of said ro0. No single or double interior parking row shall exceed fifteen (lS) parking spaces-per side. Where a s Ingl e or doubl e parki ngrow conta ins more than ten (10) spaces per side, wheel stops shall be provided as illustrated in Figure 6. Any individual disiring to place structures and/or facilities in any Zoning Districts other than R-l and R-2 shall present a parking area safety and land- scaping plan to the DIrector of Planning. If' the plan Includes nineteen (19) parking spaces or less, the Director of Planning shall submit said, plan to the appropriate staff for rev,iew according to the standards establ ished in this ordinance and other ordinances of the City of College Station. If the plan Ordinance No. 1505 Page 6 includes twenty (20) parki 119 spac\es "or more, the Director of P 1ann Lng shall notify the individual of the time, date and place for the plan to be reviewed by the Project RevIew Committee (PRC). The deliberations 'of thePRC shall be recorded and filed in.theofHceof the Director of Planning. A copy of the report shall be sent totheindividual{s) seekin,gapproval of the plan. The PRCmay cecommend,' andthePlann ingandZon ingCbmmissionmayi mpose addi t i ona 1 conditions, and may further modify the 1 i teral tjermsofthi sord.inance \tJhere suchmodification~,orconditions, are reasonablly necessary to insure the protection of pub)i chealth, safety;andgenerallwe lfare, and where such condi- tions ormodifica~ionsare reasonably required ~o implement the intention of this ordinance, a~ reasonably apparent from itslterms, and do not impose a disproportionate ~r arbitraryburden upon any p~rticular property owner. 7-D.12. PENALTIES Any property owner failing to comply with the prrovisions of this ordinance shall begui ltyoramisdemeanocandli ab 1 e for la f ineof not les s than t\'Jenty- fi ve dollars ($25. OO}.normocethan two hundredldollars .($200.00). Each day such violation shall be permitted to exist shall; constitute a sep~rate offense. 7-D.13. VARIANCE ANOAPPEAL PROCESS Any request for arvarianceto the requi rements CDf thisordi nance or an ap'pea 1 of the PRC1s recoJfl1mendat ions wi 11 be heard. by tmeP 1 anning andZoni ng Commission. The request shall! be filed with the Zoning Offid:ial, in writing, no later than ten (10) days after the PRCmeeting.. The>.Plann jng and Zoning Commission sha-ll consider the request at a regularly scheduled m~etingwi thi n' twenty (20) days of receipt of the request. The decision bythelPlanning and Zoning Commission shall be subject ~oappeal by an applicant orb1 the City pursuant to the statutoryandord!inancerequirements and provisions pertaining to appeals to the Zoning Board pf Adjustment. REPEAL OF CONFL1CJlNG ORDINANCES Any ordinance iniconflict. wLtht.his ()rdi.n,ance,or which is inconsistent with the provisions ofj this ord inance:is hereby repealed to the extent necessary togLve this ordiinance full force and effect. 7 - D.l 5 . SEVERABILITY Should any aetionof this ordinance be decl aredbya cou rtof record to be unconstitutional !or ipvalid, such decision shall not affect the validity of the ordinance as [a whole or any part thereof other than the part so declared to be unconstitu~lonalorlnval d. i PASSED AND APPROVED THIS I 23rd day of February, 1984. APPROVEO: the requirements exception of with one well defined which attains a height .wi th one or more self-supporting woody plant, except Celtis with one well defined trunk six greater at one foot above the ""- planting differing from a perennial herb a tree by its low stature and habit spreadingherbacious plant including sods and grasses, erosion control. located on the periphery rows consisting of individual parking or property lines associated with the for the Double ParkingRow:~Two parallel rows of spaces for. the parking of motor vehicles arranged sd that when parked, the front end of each motor vehicle faces the front end of another motor vehicle as illustrated in Figure 2. Parking Space.-;.. A space used for the parking of a motor vehicle, where said space is not less than nine (9) feet. wide, twenty (20) feet long and contains not less than one hundred and eighty (180) square feet of area. ( I I - ProjectRevi~wCommittee- A committee composed of the Director of Planning, the Gity Engineer",and the Cha'irman of the PIJnning and Zoning Commission, or .his or.. her. "designated alternate. I ( 7-D.3 PROCEDURES lines and dimensions of The location of existing a d proposed utility easements on or adjacent to the lot and the> location"of overhead power lines. The location, size and typ of proposed landscaping in proposed landscaped areas; and the size of proposed landscaped areas. Botanic l.nomenclature as well as common names ..must ..belisted. The location and species o:ffexisting,treeshaving trunks six (6) inches or largerirl'diameter. An indication of how the aJplicantPlans to protect the existing trees, which are Jroposed to receive 150 points, from damage during constru~tioi1. . . Locate the. proposed irrigation system or hose connections. Informationd.necessaryfor verifying" whether 'the minimum requiredlandscaping'pointJ have been met under section 7-D.4. ! tandsc'~ping points are generate4by either the square footage of.the development or the numbet oilts parking spaces. The h. ...i.g...h...er O.'.ft,..h. e... two p.o. in. t t.o.,ta. .1S.. .."tf.,....ill. .....b... e.. ' ap.p.. ....lie.d.. '. The minimum number of points for anydeveloRmentis500 ,points. I . 0--50 spaces points per space '~- 51 -100 spaces "" 101 200 spaces " 201 + " I points lOOP square feet of Jite area I I Accrued landscaping points are ~xpe.nded on landscaping material with the following point valuesJ " " c 2. { l50pts. min. 6" caliper at 12" above the ground Unprotected existing canopy tree min. 6" ca.liper at 12" above the ground min. 3.5',' caliper at, abo.,V,' .'.e,.:"""t.he. ,grOll. nd. .6", ,JrJ, .' I Y~)l ~4j~v!;r1 min. 2" caliper~ 6"~ above the ground W min. 5' - 6' min. 5 gal. min. 1 gal. for dwarfs 100% cover in one year. ( Solid~od is required when grass is used in parking lot islands, in swales . used as waterways, in the eight (8) foot setback area, and abutting sidewal~ and/or curbs for a width of three (3) feet. * or 150 points all exis:ting trees must be in good form and free of damage by insects an4/or' .disease. ~ ~~--PI..ej ect'must expend a minimum of 50% of its point total 'on canopy treesand~.minimum of. 25% ;of its point total on non-canopy trees" shrubs at groundcover:' other than grasses. Landscaping must be reasonably dispersed throughout the development. To receive 150 points for existing 6" caliper trees abarrica,de with a ' minimum radius of seven feet from every protected tree must be installed prior to grading ,and construction. The barricade must remain in place until allgrounddisturbingactiv:ities are completed. If the protected tree {s).is located in a parking lot island the barricaded area must ;become the tree (s).island upon'project completion. No utilities or sprinkler system may be located in the barricaded area. This area shall not be used as a storage area or dumping area for paints, concrete, and other toxicants deleterious to a tree's survival during any phase of the project. Every development must employ either a sprinkler system or have a hose connection within~ of any landscaping. ~: " " of notification. same or higher of Occupancy is planting and removal ( less from height and encompassing f eetin area shall twenty (20) parking spaces. A rai~ed island, not less than six (6) inches in height and en- compassing not less than three hundred and sixty (360) square feet in area shall be located at both ends of every double parking row regardless of the length of said row. \ . ( office the the ( ~ublic meeting for each parking area Any property owner failing to comply i with the prOV1Slons of 'this ordinance shall receive written notification from the City Building 'Official of said violation. If with~nthirty (30) days after receipt of said notification, the aforem,entichned person fails to comply with the orders of the written notificati~n, he/she shall be guilty of a misdemeanor and liable for a fine of In at less than twenty-five dollars ($25.00) nor more than two h~ndred dollars ($200.00). Each day such violation shall be permitted to exist shall constitute a separate offense. ! ( APPEALSPROCES S ordinance tie declared by a court of record other than ( ( .1fe) Par't I. That the landscaping requirements of and are hereby, repealed in its entirety. 7~D of Ordinance 850, be be, and is hereby, added to andjshall read as follows: I I Section plant with dne well formed crown which attains one or woody plant, except Celtis one well defined trunk six and a" .half feet above the - that prevents intrusion ~ of the section shall not apply or duplex. When~ite plan review by the Project Review Committee and/or the Planning and Zoning Commission is required the site plan shall- contain the information listed in the subsections below. bbundary lines and dimensions of I I i _ existing attd proposed utility easements on and I the location of overhead power I Thelo~ation, size and typ~ of proposed landscaping in .proposed landscaped areas ; I-and the size- of:'proposed: landscaped areas'. Botanical nomenclature as well as c.ciWmo'nnames mUqitbe liste~. .~ ~ ~ . I of existing trees h~ving trunks in diameter. I ! plans to protect-the to receive 150 points, minimum sub;.. r ed by either the square the number of its parking point totals will be applied. or any development is 500 min. 6" caliper at 4.5' above the ground min. 6" caliper at 4.5' above the ground min. 3.5" caliper at 4.5' above the ground min. 2" caliper at 4.5' above the ground for dwarf 5 ft. and 20" the finished * To receive 75 or 150 points all existing trees and free of damag~ by insects and/or disease. Non...canopy tree ,,4 i point'tota1- total on the dev~lopment. Every development must employ eith a hose connection within 150 ft. 0 or have Replacement: of dead landscaping mu notification. Replacement materia and the same or higher point total efore a Certificate of Occupanc:y ees and shrubs between June yed until October 15th. During areas must have all grouridcover is issued. Eroded or otherwise displaced soil R,.O.W. abutting the development Occup~ncy will be issued. removed from the Certificate of Part III. Part IV. . ... . ' .ria'" ii . Any appeal,! ~of the, ,proj eC~,'.:R"eview , C9mmittee ' s, l,andscaPin"greCOmmenda- tions will~ be heard byt;p.e Planning and Zoning Commission. The appeal shall be filed with the Zoning Official, in writing, no l"ater:" ',tha,n ,t"ep. {lO) days af,ter,, th,e1PrOject Review CO,IIUIlittee meeting. The appeal shall be hear at the next regularly scheduled Planning and Zoning' comm~SSion meeting., All~atters involVin,g thepreserva ion, prun, , ing, planting and removal of trees and shrubs in par s, along City streets and in other public places shall be the r~sponSibility of the Community Appearance Committee and the City orester. --.J A guide with recommendations and sjggestions on such matters as how to plant trees, what trees and plaits grow best in College Station, and, h,.OW to care, for lands, caping wi1,l be available at the Building, Planning, and Parks Departments. I I I I I Part V.