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HomeMy WebLinkAbout2009-3222 - Ordinance - 12/10/2009ORDINANCE NO. 3222 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE ", SECTION 7.5 "LANDSCAPING AND TREE PROTECTION" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance ", Section 7.5, " Landscaping and Tree Protection', of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: Should any part of this ordinance be held illegal or invalid for any reason, the holding shall not affect the remaining sections or portion of sections or provisions of this ordinance. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 10th day of December, 2009. APPROVED: MAYOR ATT ity S�cret�y • 1 . , � �/ T ORDINANCE NO. 3222 ID x:11: Page 2 That Section 7.5 "Landscaping and Tree Protection" of Chapter 12, "Unified Development Ordinance," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read in its entirety as follows: 7.5 Landscaping and Tree Protection A. Purpose and Intent The purpose and intent of this Section is to regulate the manner in which land in the City is used and developed, to minimize adverse effects on surrounding property owners or the general public, and ensure that high quality development is maintained throughout the community. For the purpose of landscaping, College Station, Texas falls within Zone 8 of the United States Department of Agriculture (USDA) Hardiness Zone Map. Also dwarf plants will not be allowed in required screening or buffer areas. B. Application of Section The landscaping requirements of this Section apply to all land located in the City of College Station proposed for site development with the exception of those zoned NG -1, NG -2, and NG -3. The requirements also do not apply to single - family, duplex, or townhouse uses, except as follows: The requirements of this Section have limited application to properties developed for duplexes, as follows: a. A minimum of 200 points of landscaping as calculated in this Section shall be provided for each new duplex unit; b. Where parking is provided in the front yard, an eight -foot landscaped setback shall be required between the property line and the nearest side of the parking pad. This eight -foot setback area must be landscaped and contain a three - foot high screen consisting of a continuous berm, hedge, or wall. In addition, an eight -foot landscaped setback shall be required between the dwelling unit and the nearest side of the parking pad; and C. The maintenance and completion requirements of this Section also apply to duplex uses. Every development must employ an irrigation system. All new plantings must be irrigated. An irrigation system shall be designed so that it does not negatively impact existing trees and natural areas. Soaker hose and drip irrigation system designs may be permitted as the Administrator deems appropriate. 2. The requirements of this Section have limited application to properties developed for single - family and townhouse uses, as follows: a. A minimum of two (2) trees of at least two inches (2 ") in caliper or one (1) tree of four inch (4 ") caliper shall be planted on each new single - family and townhouse lot. b. The landscaping requirements of this Section shall apply to manufactured home parks, but not to individual manufactured homes on separate lots. 3. All landscaping /streetscaping requirements under this Section shall run with the land once the development has begun and shall apply against any owner or subsequent owner. 4. The landscaping requirements of this Section apply to all unsubdivided property, improved subdivided lots and to other improved lands where buildings or structures are being added or replaced within the City. 5. Each phase of a multi -phase project shall comply with this Section. ORDINANCE NO. 3222 Page 3 6. All plantings must be in accordance with the College Station Plant List, or as deemed appropriate by the USDA for Zone 8 in their Hardiness Zone Map. The plant list is approved and amended as needed by the Administrator. C. Landscaping Requirements 1 2. The landscaping requirements shall be determined on a point basis as follows: a. Minimum Landscape Points required: 30 points per 1,000 square feet of site area; b. The minimum total number of points for any development is 800 points; C. Undeveloped floodplains may be removed from site size calculations; in such case, existing trees within that floodplain shall not be claimed for points; and d. Projects may be phased with the phase lines being drawn 20 feet beyond any new site amenity. The portion left for subsequent phases shall be of developable size and quality. Point values will be awarded for any type of canopy tree, non - canopy tree, or shrub, except for those listed on the Non -Point Tree List as prepared by the Administrator. All caliper measurements shall be twelve inches (12 ") above grade. a. Landscaping points are accrued as follows: Plant Material Points Accrued Installed Size Caliper (per Plant) (Inches) New Plantings Non - canopy Tree 150 Between 2 and 4 200 4 and larger b. To receive landscape points for existing trees, all existing trees must be in good form and condition and reasonably free of damage by insects and /or disease. C. To receive additional points for barricaded trees, such trees must be barricaded to the dripline of the tree. A barricade detail must be provided on the landscape plan. Barricades must be in place prior to any activity on the property including, but not limited to, grading. If the required barricades are 75 1.5 to 2 Canopy Tree 150 2.1 to 3.4 300 3.5 and larger Non - canopy Tree 40 1.25 and larger Shrubs 10 Min. 5 gallon Shrubs, not for 1 Min. 1 gallon screening Existing Trees with no Barricade Protection Area Canopy Tree 40 4 to 14.5 Non - canopy Tree 35 2 and larger Existing Trees Within Barricade Protection Area 400 Between 4 and 8 Canopy Tree 500 8 and larger Non - canopy Tree 150 Between 2 and 4 200 4 and larger b. To receive landscape points for existing trees, all existing trees must be in good form and condition and reasonably free of damage by insects and /or disease. C. To receive additional points for barricaded trees, such trees must be barricaded to the dripline of the tree. A barricade detail must be provided on the landscape plan. Barricades must be in place prior to any activity on the property including, but not limited to, grading. If the required barricades are ORDINANCE NO. 3222 Page 4 not in place prior to any activity and maintained during construction, barricaded points will be forfeited. 3. One hundred percent coverage of groundcover, decorative paving, decorative rock, or a perennial grass is required in parking lot islands, swales and drainage areas, and the parking lot setback unless otherwise landscaped or existing plants are preserved. One hundred percent coverage of groundcover or perennial grass is also required in all unpaved portions of street or highway right -of -way or on adjacent property that has been disturbed during construction. If grass is to be used for groundcover, 100% live grass groundcover is required whether by solid sod overlay or pre - planting and successful takeover of grasses. No point value shall be awarded for ground cover. 4. Every project must expend a minimum of 50% of its point total on canopy trees. 5. For existing plantings, the Administrator may require a health appraisal. 6. All new plantings must be irrigated. An irrigation system shall be designed so that it does not negatively impact existing trees and natural areas. Soaker hose and drip irrigation system designs may be permitted as the Administrator deems appropriate. 7. Additional Point Credits The following additional point credits will apply to the total landscaping point requirement: a. A 10 percent point credit will be awarded where the irrigation system employed is a recognized water- conserving system. b. A 10 percent point credit will be awarded if 25 percent or more of parking area consists of enhanced paving. C. A 10 percent point credit will be awarded for every 1% of site area devoted to special facilities including water features, public art, or other public features determined by the Administrator. d. A 10 percent point credit will be awarded for landscape plans that are prepared by a landscape architect registered in Texas, an International Society of Arboriculture (ISA) certified arborist or other professional as deemed appropriate by the Administrator. S. All landscape materials shall be installed in accordance with the current planting procedures established by the most recent addition of The American Standard for Nursery Stock, as published by the American Association of Nurserymen. 9. Landscaping must be reasonably dispersed throughout all visible areas of the site. D. Streetscape Requirements i. The streetscaping requirements shall be determined along all major arterials, freeways, and expressways as follows: a. Within 50 feet of the property line along the street, one canopy tree for every 25 linear feet of frontage shall be installed. Two non - canopy trees may be substituted for each one canopy tree; b. Canopy and non - canopy trees must be selected from the College Station Streetscape Plant List and may be grouped as desired; and C. One existing tree (minimum four -inch caliper) may be substituted for a new tree. Existing trees must be of acceptable health, as determined by the Administrator. 2. The streetscaping requirements shall be determined along all other roadways by the following: ORDINANCE NO. 3222 Page 5 a. Within 50 feet of the property line along the street, one canopy tree for every 32 feet of frontage shall be installed. Two non - canopy trees may be substituted for one canopy tree; b. Canopy and non - canopy trees must be selected from the Administrator's Streetscape Plant List and may be grouped as desired; and C. One existing tree (minimum four -inch caliper) may be substituted for a new tree. Existing trees must be of acceptable health, as determined by the Administrator. 3. Three hundred additional landscape points shall be required for every 50 linear feet of frontage on a right -of -way. Driveway openings, visibility triangles, and other traffic control areas may be subtracted from total frontage. The additional landscape points can be dispersed throughout the site. 4. Driveways and areas located within a required visibility triangle shall be excluded from the streetscape requirements in paragraphs 1, 2, and 3 above. 5. Parking areas adjacent to a right -of -way shall be screened from the right -of -way. Screening is required along 100 percent of the street frontage (such as 10 shrubs for every 30 linear feet of frontage), with the exception of areas within the visibility triangle. Screening may be accomplished using plantings, berms, structural elements, or combinations thereof, and must be a minimum of three feet above the parking lot pavement elevation. Walls and planting strips shall be located at least two feet from any parking area. Where the street and the adjacent site are at different elevations, the Administrator may alter the height of the screening to ensure adequate screening. Fifty percent of all shrubs used for screening shall be evergreen. 6. Dumpsters, concrete retaining walls where more than six vertical inches of untreated concrete are visible, off - street loading areas, utility connections, and any other site characteristics that could be considered visually offensive must be adequately screened. E. Landscape /Streetscape Plan Requirements When a Landscape /Streetscape Plan is required, the landscape /streetscape plan shall contain the following: 1. The location of existing property lines and dimensions of the tract; 2. A north arrow and scale; 3. Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection; 4. Location and dimensions of existing and proposed structures, parking lots and drives, sidewalks, refuse disposal areas, fences, and other features as determined necessary by the Administrator; 5. Location, size, spread, type, and quantity of all proposed landscaping and screening materials, along with common and botanical names; 6. The location of existing and proposed utilities and all easements on or adjacent to the lot; 7. An indication of adjacent land uses, existing development and roadways; 8. An irrigation system plan or a general note indicating that an irrigation system to service all new plantings will be installed by a certified installer before a certificate of occupancy will be issued; and 9. Landscape information a. Landscape points required for site and calculations shown in the landscape legend. ORDINANCE NO. 3222 Page 6 b. A legend showing the size, type (canopy, non - canopy, shrub) and points claimed for proposed landscaping. C. Location of landscape plants on plan identified by a symbol defined in a landscape legend (see sample legend below). City of College Station SAMPLE LEGEND LAgDSCAP NG POINT CALCULATIONS NAME POINT SYMBOL SIZE & TYPE QUANTITY VALUE POINT 8" AND LARGER EXISTING LIVE OAK TREE 2 300 600 v 1 W /BARRICADE (Quercus Virginian) Canopy tree v U 4" TO 6" LIVE OAK TREE 13 200 2600 EXISTING (Quercus Virginian) \ ( � W /BARRICADE Canopy tre e 2" TO 14.5" 35 280 CALIPER LIVE OAK TREE 6 EXISTING (Quercus Virginiana) W/O BARRICADE Canopy tree 1.25" CALIPER TREE CREPE MYRTLE 6 40 240 AND LARGER (Lagerstroemia indlca) (NEW) Non - canopy tree 5 GAL WAX LEAF LIGUSTRUM (NEW) 6 10 460 (Ligustrum texanum) Shrub NOTE: Symbols ara lo. reference. My ­W. used must be— ... 1 -1..1e — BARRICADE FOR INDICATED TREES TO BE CONSTRUCTED WITH 48" HIGH ORANGE PLASTIC CONSTRUCTION NETTING AND SECURED TO STEEL T- POSTS. BARRICADE TO BE PLACED IN A CIRCLE AROUND INDICATED TREES A RADIAL DISTANCE OF 1' FOR EVERY 1" CALIPER OF TREE. BARRICADE MUST BE IN PLACE PRIOR TO ANY DEVELOPMENT ACTIVITY AS WELL AS THROUGHOUT THE CONSTRUCTION PROCESS. STREETSCAPE: (136.57'/ 50) x 300 PTS = 820 PTS (136.57' / 25) = 6 CANOPY TREES POINTS PER PROJECT AREA: 26,416.3 SQUARE FEET OF SITE AREA 26,416.3 / 1,000 = 26.42 26.42 x 30 = 792.6 = 793 POINTS TOTAL POINTS REQUIRED: 1,613 TOTAL POINTS PROPOSED: 4,180 1. Streetscape Information a. Streetscape points required for site and calculations shown. b. A table showing the scientific and common plant names, size, type (canopy, non - canopy, and shrub), and points claimed for proposed streetscaping. C. Location of streetscape plants on plan identified by a symbol defined in a landscape legend (see sample legend above). 2. The location and diameter of protected existing trees claimed for either landscape or streetscape requirements, and an indication of how the applicant plans to barricade the existing trees from damage during construction. Barricading shall be ORDINANCE NO. 3222 subject to the following requirements: Page 7 a. Prior to land development or redevelopment, or any construction thereof, the developer shall clearly mark all qualifying and significant trees to be preserved; b. The developer shall erect a fence around each tree or group of trees to prohibit the placement of debris or fill, or the parking of vehicles within the drip line of any qualifying or significant tree; C. During construction, the developer shall prohibit the cleaning of equipment or materials within the drip line of any tree or group of trees that are protected and required to remain. The developer shall not allow to dispose of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, or other harmful liquids or materials within the drip line of any tree or groups of trees that are required to remain; d. No attachments or wires of any kind shall be attached to any tree, except those used to stabilize or protect such tree; e. With grade changes in excess of six inches, a retaining wall or tree well of rock or brick shall be constructed around the tree not closer than one -half the distance between the trunk and the drip line. The mid -point of the retaining wall shall be constructed at the new grade. Grade changes greater than one inch may not be made without the prior approval of the Administrator; and, f. All vegetation must be planted in accordance with the visibility triangle referenced in Section 7.1.C, Visibility at Intersections in all Districts. Maintenance and Changes i. Landscaping /Streetscaping shall be maintained and preserved in accordance with the approved Landscape /Streetscape Plan. Replacement of landscaping /streetscaping must occur within 45 days of notification by the Administrator. Replacement material must be of similar character and the same or higher point total as the dead or removed landscaping. Failure to replace dead or removed landscaping, as required by the Administrator, shall constitute a violation of this Section of the UDO for which the penalty provision may be invoked. 2. Landscaping /Streetscaping Changes to Existing Sites a. If changes constituting 25 percent or more of the number of canopy and non - canopy trees are proposed, a revised Landscape /Streetscape Plan must be submitted for approval and is required to comply with this Section. Planting must occur pursuant to this approved landscape /streetscape plan within 45 days. b. Revised Landscape /Streetscape Plans shall meet the requirements of the ordinance in effect at the time of the revised Landscape/ Streetscape Plan submittal. C. The replacement of existing canopy and non - canopy trees must be replaced caliper for caliper, or as determined by the Administrator. G. Completion and Extension The Administrator shall review all landscaping for completion in compliance with this Section and the approved Landscape /Streetscape Plan. Landscaping/ streetscaping shall be completed in compliance with the approved plan before a Certificate of Occupancy will be issued. However, the applicant may receive an extension of four months from the date of the Certificate of Occupancy upon the approval of an application for extension with a bond or letter of credit in the amount of 150 percent of the landscape /streetscape bid, as well as the irrigation required for the project. Failure to complete the landscaping/ streetscaping according to the approved Landscape /Streetscape Plan at the ORDINANCE NO. 3222 Page 8 expiration of the bond or letter of credit shall constitute forfeiting the bond or cashing of the letter of credit. Also, failure to complete the approved landscaping /streetscaping shall constitute a violation of this LIDO. H. Review and Approval Landscape / Streetscape Plans shall be reviewed and approved by the Administrator. I. Parking, Storage, or Display No parking, storage, or display of vehicles or merchandise shall be allowed in the required landscape /streetscape areas or on required parking islands. J. Alternative Compliance Permitted Variations to the requirements of this Section may be approved if the landscape /streetscape plan is sealed by a registered landscape architect and approved by the Administrator. Such plans must show reasonable evidence that the requirements as set forth in this Section were used as a guide.