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HomeMy WebLinkAbout1081 06-09-1992ORDINANCE NO. 1081 AN ORDINANCE AMENDING ORDINANCE NO 347, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS, BY REPEALING SECTION 10 "OPEN STORAGE AND SCREENING REGULATIONS" AND REPLACING SECTION 10 WITH "LANDSCAPING, SCREENING AND OUTDOOR STORAGE REQUIREMENTS "; PROVIDING A SEVERABILITY CLAUSE; A PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Euless Zoning Ordinance currently has only two zoning districts that require landscaping; and, WHEREAS, landscaping is an integral part in aiding in the stabilization of the environment's ecological balance; and, WHEREAS, in order to safeguard and enhance property values, preserve the econom- ic base attracted to the City by such factors, as well as preserving and pro- tecting the unique identity and environment of the City; and, WHEREAS, it is the desire of the City Council of the City of Euless, Texas, to concur with the Planning and Zoning Commission and amend the Zoning Ordinance to require landscaping with all new development other than one or two - family dwelling district uses. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY "OF EULESS. TEXAS; SECTION 1 THAT, Section 10 - "Open Storage and Screening Regulations" be replaced with "Landscaping, Screening and Outdoor Storage Requirements" in the Zoning Ordi- nance to read as set forth in Exhibit "A ". SECTION 2 THAT, Section 11 - "General Definitions" be amended to include the definitions as set forth in Exhibit "B ". SECTION 3 THAT, Section 7 -1002 (60) "Specific Use Schedule" be amended to require a Specific Use Permit for any outside sales, storage or display in the C -2 zoning district that is not specifically authorized by the C -2 zoning district. Said section to be amended by adding the following wording: [7b" PERMISSIVIE DISTRICT (60) Outside sales, storage or display C -2 not specifically authorized by the zoning district regulations SECTION 4 SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases 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 unconstitution- ality shall not affect any of the remaining phrases, clauses, sentences, para- graphs 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 uncon- stitutional phrase, clause, sentence, paragraph or section. SECTION 5 PENALTY FOR VIOLATION. Any person, firm or corporation violating the terms and provisions of this ordinance, or the amendments to the comprehensive zoning ordinance of the City of Euless hereby made, shall be deemed guilty of a misde- meanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed Two- thousand dollars ($2,000.00) and each day such violation shall continue or be permitted to exist shall constitute a separate offense. Any amendment to the general penalty provision found in the comprehensive zoning ordinance of the City of Euless, as amended, shall be deemed to automatically amend this penalty provision in conformity therewith. SECTION 6 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 9th day of June, 1992, by a vote of 7 ayes, 0 nays, and 0 abstentions. FAQ WITS �IVA I FATAM'J20' "ZOWMA0 6 , 1 , ATTEST: Susan Crim, CNC, City Secretary ORDINANCE 1081, Page 2 EXHIBIT "A" SECTION 10 - LANDSCAPING, SCREENING & OUTDOOR STORAGE REQUIREMENTS Section 10 -101 Purpose and Intent: The purpose and intent of this Section is as follows: (1) Stabilizing Ecological Balance: To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground water recharge, and storm water runoff retarda- tion, while at the same time aiding in noise, glare and heat abatement; (2) Retention of Native Vegetation: To ensure that the local stock of native trees and vegetation is retained and replenished; (3) Adequate Light and Air: To assist in providing adequate light and air and in preventing overcrowding of land; (4) Visual Buffering: To provide visual buffering and enhance the beauti- fication of the City; (5) Enhancement of Property Values: To safeguard and enhance property values and to protect public and private investment; (6) Economic Base: To preserve and protect the unique identity and environment of the City and to preserve the economic base attracted to the City by such factors; (7) Conservation: To conserve energy; and (8) Protection: To protect the public health, safety and general welfare. Section 10 -102 Applicability: Except as otherwise provided below, these regulations shall apply to all land within the City. Such landscaping standards shall become applicable at such times as an application for a Building Permit is made. These requirements remain with any subsequent owner. (1) Exemptions: These requirements shall not apply to Building Permits for the following: (a) Single family or duplex residences; (b) Land in Planned Development districts; (c) Substantial restoration within a period of twelve (12) months for a building which has been damaged by fire, explosion, flood, tornado, riot or calamity of any kind; (d) Remodeling as long as the front and side exterior walls of the build- ing remain in the same position; ORDINANCE 1081, Page 3 (2) Prior Approvals: Where a specific landscape plan has been approved prior to the effective date of this Ordinance, the landscaping requirements of the City in effect at the time of such approval shall apply. Section 10 -103 Landscaping Standards: (1) Area Required: On all lots, not less than fifteen percent (157) of the area of the street yard shall be landscaped area. All of the required landscaped area shall be located in the street yard and parking lots; (2) Trees Required: At least one (1) large tree of at least three (3) inches in diameter and twelve (12) feet in initial height shall be provided as follows: (a) Street Yards Less than 10,000 sq. ft.: In street yards of less than ten thousand (10,000) square feet, one (1) tree per one thousand (1,000) square feet, or fraction thereof, of street yard; (b) Street Yards More than 10,000 sq. ft.: In street yards of more than ten thousand (10,000) square feet, ten (10) trees plus one (1) tree per two thousand (2,000) square feet, or fraction thereof, of street yard area over ten thousand (10,000) square feet; (c) Credit for Existing Trees: An existing or planted tree of at least six (6) inches in diameter and at least fifteen (15) feet in height shall be considered as two (2) trees for purposes of satisfying this requirement. All newly planted trees shall be planted in permeable area of not less than three (3) feet in diameter; (d) Ornamental Trees: In lieu of one (1) large tree, two (2) small trees (as listed on the plant list contained herein) may be used. Said small trees shall be a minimum of six (6) feet in height at the time of planting. (3) Shrubbery Required: Not less than one (1) shrub shall be required for every 50 square feet of the area required to be landscaped. Placement of such shrubbery shall be taken into consideration as to the plant at full maturity, and be located so as not to conflict with vehicular or pedestrian traffic visibility; (4) Ground Cover Required: Not less than 107 of the landscape shall be main- tained in groundcover. The remaining landscaped area shall be maintained in lawn grasses and mulch used around bedding plants, shrubs and trees. All groundcover areas shall be kept clear of weeds and undergrowth; (5) Parking Lots and Vehicular Use Areas: A minimum amount of the total area of all vehicular use areas shall be devoted to landscaped islands, peninsu- las or medians; (a) Street Yard Area: The minimum total area in such islands, peninsulas and medians in the street yard shall be ninety (90) square feet for each twelve (12) parking spaces. Landscape islands, peninsulas and ORDINANCE 1081, Page 4 medians located in the street yard may be included in calculating the minimum required landscape in the street yard; (b) Non - Street Yard Area: The minimum total area in such islands, penin- sulas and medians in the non - street yard shall be sixty (60) square feet for each twelve (12) parking spaces; (c) Distribution of Islands, Medians, and Peninsulas: The number, size, and shape of islands, peninsulas, and medians, in both street and non - street yards shall be at the discretion of the applicant. All required islands, peninsulas and medians shall be more or less evenly distributed throughout such parking areas, respectively; however, the distribution and location of landscaped islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features so long as the total area requirements for landscaped islands, peninsulas, and medians for the respective parking areas above is satisfied. (6) Indiscriminate Clearing Prohibited: The existing natural landscape charac- ter (especially native oak, elm and pecan trees) shall be preserved to the extent reasonable and feasible. In an area of the street yard containing a stand of trees, the applicant shall use best good faith efforts to preserve such trees. In determining compliance with this subsection, the Adminis- trator shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reasonably related to the health, safety and welfare of the public which necessitated disturbance of the existing natural character; the nature and quality of the landscaping installed to replace it; and such other factors as may be relevant and proper. Indiscriminate clearing or stripping of the natural vegetation is prohibited; (7) Irrigation: All required landscaping shall be irrigated by an underground irrigation system approved by the Administrator; (8) Erosion Control: All impervious areas shall be maintained with groundcover and shrubbery in a manner to control erosion; (9) Protection: All required landscaped areas which are adjacent to pavement shall be protected with concrete curbs or equivalent barriers (such as railroad ties, continuous border plants or hedgerows); (10) Obstruction Prohibited: Landscaping shall not be located or placed to obstruct any emergency equipment such as fire hydrants and sprinkler system connections, etc., nor shall landscaping be placed in a manner to obstruct emergency ingress /egress access to the building. Landscaping shall not obstruct views between the street and access drives or parking aisles near street yard entries and exits, nor shall any landscaping obstruct views within the radius of any curb return. Sight Triangles shall be provided within the property at all driveways and street intersections. Sight Triangles shall be 8' x 70' with the 8' leg within the property along the driveway; (11) Maintenance: All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. ORDINANCE 1081, Page 5 Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material which dies shall be replaced with plan material of similar variety and size. (12) Right -of -Way: Landowners are encouraged to landscape non -paved public- ly -owned street right -of -way abutting their land. Provided, however: (a) Removal of Landscaping: The City may at any time remove or require the landowner to remove any landscaping located within any right -of -way or public easement for the purpose of public safety, access to utilities and to perform any public improvements within said right -of -way or public easement; (b) Traffic Regulations: Such landscaping in the right -of -way shall observe established rules and regulations pertaining to traffic and pedestrian safety; (13) Parking Lot Lighting: Landscape provided in vehicular and pedestrian use areas shall be designed so that the maturing of the landscaping will not conflict with the lighting scheme; (14) Recommended Plants: All plants used to satisfy this ordinance shall be of a species common or adaptable to this area of Texas. The following is a list of recommended plants within each plant material type. The applicant may propose plants other than those listed if the plant is appropriate for the intended use; (SEE NEXT PAGE FOR LIST) Section 10 -104 Approval Procedures: (1) Site Plan Required: A site plan shall be required containing the following information: (a) Date, graphic scale, north arrow, title and name of applicant /owner; (b) Location of existing boundary lines and dimensions of the tract; (c) Approximate centerline of existing water courses; location of signifi- cant drainage features; and the location and size of existing and proposed streets, alleys, utility and emergency access easements and sidewalks; (d) Location, size, and type (tree, shrub, groundcover or grass) of landscaping in proposed areas and location and size of proposed landscaped areas; (e) Location and species of existing trees having trunks of six (6) inches or larger in diameter and the approximate size of their crowns; ORDINANCE 1081, Page 6 RECOMMENDED PLANTS LARGE TREES Ever Common Name Botanical Name Comments green? Height Growth Water Afghan Pine Pinus elderics Fast growing, drought tolerant No 25' - 50' Rapid Mod Bald Cypress Taxodium distichum Likes wet feet, fail color No 50'+ Mod Moist Bradford Pear Pyrus calleryana 'Bradford' Shiny foliage, disease resist. No 25' - 50' Mod Mod Bur Oak Quercus macrmarpa Nice branching shade tree No 50'+ Rapid Mod Cedar Elm Ulmus crassifolia Nice for shade No 25' - 50' Mod Mod Lacebark Elm Ulmus parvifolia Fast growth, disease resistant No 25' - 50' Rapid Mod Live Oak Quercus vtrginlana Long lived yes 25' - 50' Slow Dry Pecan Carya illinoansis Texas state tree, great for shade No 70' Mod Moist Pistache Pistachio chinensis Fall color ,rapid growth No 25' Rapid Mod Red Oak Quercus Shumardii Red fall color excellent shade No 501+ Rapid Mod Southern Magnolia Magnolia grandillora Large evergreen yes 60' - 70' Mod Moist SMALL TREES Ever Common Name Botanical Name Comments green? I Height Growth I Water Crape Myrtle ugerstroemia indica Summer blooms in many colors No < 25' Rapid Mod Japanese Black Pine Pinus thunbergi Evergreen omamental yes < 25' Mod Mod Mexican Plumb Plumus memcana Bright white flowers No < 25' Mod Mod Purpleleaf Plum Prunus cerasifera Purple foliage, Flowers in spring No < 25' Rapid Mod -dry Redbud Cercis canadonsis Pink flowers in spring No < 25' Mod Mod Yaupon Holly Ilex vomitoria Very hardy, great in small areas yes < 25' Rapid Mod -dry SHRUBS Ever Common Name Botanical Name Comments green? Height Growth Water Dwarf Burford Holly flex cornuts 'Burfordii nana' Shiny green leaf yes 5' Mod Mod Dwarf Chinese Holly flex cornuta 'Rotunda' Low rounded growth, tough yes 3' Slow Mod Dwarf Yaupon flex vomitoria 'nana' Dense rounded growth yes 3' Slow Mod Flowering Quirim Chanomeles 'Texas Scarlet' Red flower, early spring No 6' Mod Mod Forsythia Forsythia intermedia Yellow flower in early spring No 6' Mod Mod Japanese Barberry Berberis thunbergi Thorns, red foliage yes 2'- 5' Slow Mod Nandina Nandna Domestica Red winter foliage yes 6' Rapid Mod Pampas Grass Cordateria Sellmna Fall flower yes 6' Rapid Mod Photinia Photiaia Fraseri Tall, red foliage spring /fall yes 15' Rapid Mod Sea Green Juniper Juniperus Chinensis 'Sea Green' Arching growth yes 6' Mod Mod Spiraea Spiraea prunifolia White flower, April -May No 6' Mod Mod Tam Juniper Juniperus sabina 'Tam' Low growth, tolerates heat yes 5' Mod Dry Texas Sage Leacophyllum frurescens nana' Gray foliage, blooms after rain yes 6' Slow Mod -dry GROUND COVERS Ever Common Name Botanical Name Comments green. Height Growth I Water Asian Jasmine Trachelosperman asiaticum Rapid spread yes 1.5' Rapid Mod Euonymus Columbus Euonymus fortunei 'coloratus' Winter Color yes 1.5' Mod Mod Juniper Species Jun. horizontalis, procumbens Tolerates heat/ drought yes 1.5' Slow Mod Mondo Grass Ophiopogon japonicas Small dark leaves yes 8" Rapid Mod Monkey Grass Linope muscari Hardy, blue flower yes 1.5' Rapid Mod Vinca/Periwinkle I Vines Minor Shade, Blue flowers I No 1.5' Rapid Mod ORDINANCE 1081, Page 7 (f) Information necessary for verifying the required minimum amount of landscaped area; (g) Plans for protecting retained existing trees from damage during construction; (h) Location and size of the proposed irrigation system. (2) Professional Requirement: Landscape plans for projects which incorporate over two (2) acres of lot area shall be prepared and signed by a licensed professional landscape architect. All irrigation plans shall be prepared and signed by a licensed irrigator or other professional authorized by the state to design such systems; (3) Plan Approval: Landscaping and irrigation shall be installed in accordance with plans approved by the Administrator. Should the Administrator deny a landscaping scheme for non - compliance with the requirements the applicant, may, within seven (7) days of the decision, appeal that decision to the Planning and Zoning Commission. The Planning and Zoning Commission shall be the final judge as to whether the proposed landscape plans complies with the intent of these regulations. However, not less than 3/4 of all the members of the Planning and Zoning Commission shall be required to overturn the decision of the Administrator; (4) Fee Required: An inspection fee in an amount set by Council shall be collected by the Administrator at the time of application of a Building Permit; (5) Fiscal Arrangements: If, at the time of an application for a Certificate of Occupancy, required landscaping is not yet in place for seasonal consid- eration, the applicant shall make fiscal arrangements (by bond, certificate of deposit, or letter of credit) satisfactory to the City in the amount of two (2) dollars per square foot of required landscaping not yet in place to ensure that such shall be installed. Any applicant making such fiscal arrangements shall also grant to the City license to enter upon the land for the purposes of installing the required landscaping in the event that such landscaping is not installed by the applicant within nine (9) months. Such fiscal arrangements shall be for a period of not less than twelve (12) months. Section 10 -105 Screening Regulations (1) Applicability: These regulations shall apply to all land within the city. Such screening regulations shall become applicable upon any change of use, ownership, occupancy or at such time as a building permit is applied for except as otherwise specified by this code. (2) Types of Screening: General. Where required, screening fences and walls shall be erected to a height not less than six feet (6') and provide a visual barrier from adjacent properties and streets. Such screening shall be permanently and adequately maintained by the owner of the property on which the screening is required. Except for the landscape buffer, no ORDINANCE 1081, Page 8 screening fence or wall shall have more than forty (40) square inches of openings over any one (1) square foot of fence or wall surface. Only the following types of screening shall qualify as meeting the requirements of this Code. (a) Landscaped Buffer: This type of screening shall consist of a land- scaped strip of not less than five feet (5') in width and shall include hedgelike shrubbery of evergreen planting material capable of obtaining a minimum height of six feet (6') within the first three years of initial planting. Such evergreen planting material shall be planted at a minimum spacing of four feet (4') on centers and be a minimum height of two and a half feet (2 1/2') at initial planting. An automatic underground drip irrigation or sprinkler system shall be provided for all required landscaped buffer screens. Any landscaped buffer required by this code shall be maintained in a healthy, thriving condition. (b) Screening Fence: Fencing may consist of a solid wood panel or a galvanized metal chain link fence with all- weather slats interwoven into the metal fabric. Such fencing shall be constructed on metal posts and placed in concrete footings with bracing. When a screening fence is required, a ribbed metal panel fence or masonry wall as described below may be used. (c) Ribbed Metal Panel Fence: A ribbed metal panel fence shall be suitably finished to blend with the primary structure and shall be erected on a structurally sound metal frame set in concrete. When a ribbed metal panel fence is required, a masonry wall described below may be used. (d) Masonry Wall: A masonry fence or wall shall be constructed with the finish side out and of any of the following materials: native stone, brick, precast concrete panels with decorative finish or decorative masonry unit. In no case shall more than 25% of the area of the wall be erected with common smooth faced masonry units. (3) Screening of Satellite Reception Dishes: All ground- mounted satellite television reception dishes greater than eight (8) feet in diameter and authorized herein without special use permit, wherever located, shall be visually screened on all sides by a five (5) foot wide landscaped buffer as described by Section 10- 105(2)(a) above. (4) Screening Required Between Uses and Dissimilar Districts: Screening between an incoming use and a less intensive zoning district shall be provided prior to occupancy of the incoming use. Uses not specifically listed shall comply with the screening requirements for the listed use it most closely resembles. Said screening shall comply with the following table. (SEE NEXT PAGE FOR TABLE) ORDINANCE 1081, Page 9 a A D J C E N T Z O N I N G R -1 INCOMING USE b a &b a &b Single Single Duplex Modular Town Multi Office Wam- Mann' Family Family or House Family Retail housc/ factunng Detached Attached Mobile R -2 Some. Storage Assembly b Home a& b a& b a& d a& d SFD SFA I DUP I MH I TH I MF COMM WH I MFG R -1 None b b a &b a &b a &d a &d a &d a &d R -lA None' 'None b b b a &b a &b a &d a &d R -2 None None None b b a& b a& b a& d a& d MH None None None None b a& b a& b a& d a& d R -3 None None None -None None b a& b a& d a& d R -4 None None None None None None a a & c a & c R -5 None None -None '`None None None a a & c a & c C -1 None None -None None None None` None c c C -2 None None None None None None' None' c c TX -10 None None None `. None None None None None c LI None None None None None None None None c I -1 None None None None None None' None None None 1 -2 None None None None None None None None None a = 5' landscape strip with 6' tall evergreen hedge [ as per section 10- 105(2)(a) ] b = 6' high fence, wood or chain link with slats [ as per Section 10- 105(2)(b) I C = 6' high ribbed metal panels [ as per Section 10- 105(2)(c) I d = 6' high masonry wall or fence [ as per Section 10- 105(2)(d) ] ORDINANCE 1081, Page 10 (5) Trash Collection Areas Other than Single Family or Two - family Uses: Trash collection Areas: No trash collection areas shall be located within the required front or street side yard or within ten feet (10') of any property zoned for residential purposes. Trash collection areas shall be screened from adjacent properties and streets on a minimum of three sides with a screening fence meeting the standards of Section 10- 105(2)(b) above. If the trash receptacle is to be a dumpster, located a minimum of two and a half feet (2 1/2') inside the screening fence or wall, shall be placed wheel stops or ballards on all four sides to contain the dumpster. Said wheel stops shall be securely affixed to the pavement and shall be spaced to allow for drainage. A concrete pad shall be contained within the screened area and extend not less than twelve (12) feet in front of the screen. Said concrete pad shall be not less than six inches (6 ") thick and made of 3,000 psi concrete with number three rebar placed at 18" on center. Section 10 -106 Open Storage and Use Areas: (1) Applicability: This section shall apply to all land within the City upon the effective date of the Ordinance. Planned Development, Specific Use Permits or other plans approved by City Council specifically authorizing outside sales, storage or display shall be permitted in accordance with the provisions established at approval. (2) Residential Uses: In all residential districts, no open outside accessory storage or display of materials, commodities, or machinery shall be permitted, other than that which is incidental to the main use of the property as a residence. Incidental storage is permitted behind the main structure and provided the area devoted to storage is not more than 607 of the required rear yard. Said area shall be kept neat and clean and free of all tall grass and weeds and must be screened from all adjacent properties and streets in accordance with Section 10- 105(2)(a) or (2)(b) of this section. No materials shall be stacked to a height greater than the visual screen. (3) Non - residential Uses: Except as otherwise specifically authorized by these codes, all outdoor sales, storage and display areas shall be located behind building lines and shall be screened in accordance with Section 10 -105 2(b). Any outside storage or outside use area established after the effective date of this ordinance shall be screened by a fence in accordance with Section 10 -105 2(b) unless the screen is visible from public street, in which case that portion of the screen visible to the street shall be masonry in accordance with Section 10 -105 2(d). Openings for access to the outside storage or outside use area shall be equipped with gates capable of screening the activities and user from view when closed. Such gates shall not be designed to swing outward towards the street. In no case may any materials be stored higher than the screening provided. ORDINANCE 1081, Page 11 EXHIBIT "B" DEFINITIONS ADMINISTRATOR: The City Manager or his designee. CALIPER: Diameter of the trunk measured one foot W) above average grade. GROUND COVER: Low growing, dense spreading plants typically planted from containers. LANDSCAPE AREA: An area which is covered by natural grass, ground cover, or other natural living plant materials. LAWN GRASSES: Thin bladed surface growing plants typically planted from seed, sprigs or plugs. SHRUBS: Plants which grow vertically in a multi- branched growth pattern. YARD, STREET: The lot area which lies between the street right -of -way and the actual front wall line of the building and as imaginarily extended from the outward corners of the building, parallel to the street to the side lot lines. Steps and unenclosed porches shall be excluded, but such wall line shall include any irregular building indentions. On corner lots, the street yard shall consist of all lot area between both streets and their corresponding actual front building wall lines, as such lines are imaginarily extended in the manner described above. ORDINANCE 1081, Page 12