The purpose of this Chapter is to establish rules and regulations for the minimum placement of landscaping materials in certain zoning districts.

The regulations contained in this Chapter have been adopted under the authority of Chapter 51, General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas.

The provisions of this Chapter shall be applicable as follows:

1.

For all new construction; or

2.

When an existing building is proposed for remodeling, alteration, addition, or expansion, and the proposed construction value exceeds fifty percent (50%) of the current appraised value of the existing structures, excluding the value of the land; or

3.

When an existing building is proposed for an addition that will increase the square footage of the existing building by twenty percent (20%) or greater; or

4.

As a requirement of the approval of a Special Use Permit or Planned Unit Development.

5.

For purpose of this regulation, the value shall be that shown on the most recent tax roll of the Tarrant Appraisal District.

Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request to the Administrative Official. The City Council, after review and recommendation by the Planning and Zoning Commission, shall have the authority to consider requests for a waiver or to hear and decide an appeal from an administrative decision on a regulation. The City Council may approve, disapprove or modify such a request provided that such approval or modification will not be detrimental to the public safety, health, or welfare or injurious to other property. The applicant shall provide information to support a claim that there are extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or that the public interest may be better served by an alternative proposal

Definitions applicable to this Chapter may be found in Chapter 2, Definitions of this Land Development Code.

For zoning districts "CPO, CN, CC1, CC2, CC3, ML, PUD-C, PUD-I" and institutional uses including churches, schools and governmental facilities in any district.

1.

Intent. The intent of this ordinance [chapter] is that landscaping shall not be limited to only the application of turf or grass; but landscaping shall include the coordinated planting (or retention) of grass, shrubs, ground cover, flowering plants, and trees and the grading or moving of earth to form a visually aesthetic and pleasing environment. The review of all site plans will consider the applicant's efforts in coordinating a variety of plant materials with the physical features of the property.

2.

Landscaping Completed Prior to Issuance of Certificate of Occupancy. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. A permanent Certificate of Occupancy will be issued only when it is determined by the building official that all landscaping has been installed in accordance with the approved landscape plan. If it is determined, by the Building Official that planting of live material is hindered by adverse weather conditions, a temporary Certificate of Occupancy may be issued for a period up to three months.

3.

Required Landscape Mixture. Twenty percent (20%) of the total land area in any proposed development shall be landscaped. At least fifty percent (50%) of the total landscaped area shall be located in the street yard(s) (Exhibit "4-A"). In order to insure for a variety of plant materials the following minimum requirements for grass, shrubs, and trees shall be provided:

a.

All ground surfaces not used for buildings, sidewalks, roadways or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching.

b.

Shrubs: Shrubs shall be provided such that one 18" in height plant or five-gallon plant shall be planted on-site for each five (5) linear feet of public street rights-of-way located adjacent to the property.

c.

Trees: Landscaping shall include the retention or planting of one (1) three-inch caliper tree per each forty (40) feet of street frontage on collector streets, or larger, as shown on the Master Thoroughfare Plan, which shall be included in the twenty (20) percent required landscaping. These trees are to be planted along the street frontage.

d.

Landscape Plans Required: Prior to the issuance of a building permit for any nonresidential use, a Landscape Plan shall be submitted, as an element of the required site plan, to the City Manager or his appointed designee. The City Manager or his appointed designee, which may be either a staff member or other official body of the City, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accordance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

e.

Content of Landscaping Plans: Landscaping Plans shall be prepared by a Texas Licensed landscape architect. Landscape Plans shall contain the following information:

1.

Minimum scale of one inch equals 40 feet except as approved by the City Manager or his approved designee;

2.

Location of all trees to be preserved;

3.

Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;

4.

Species of all plant material to be used;

5.

Size of all plant material to be used;

6.

Quantity and spacing of plant material where appropriate;

7.

A general layout and description of irrigation, sprinkler or water systems, including placement of water sources as designed by a licensed irrigator;

8.

Description of maintenance provisions for the Landscape Plan;

9.

All Landscape Plans to be sealed by a Texas Licensed Landscape Architect;

10.

Provide planting and irrigation specifications as part of the Landscape Plan;

11.

Provide name and address of the owner, location of the subject property, surrounding zoning, utility lines, water mains and easements, public or private streets and drives;

12.

Provide a general grading and drainage plan.

f.

Description of Planting Material: Landscape plant material may be selected from the following list, however the applicant may use other plant material not listed if it is determined to be an appropriate and functional element of the landscape plan.

1.

Over-story Trees (Range from 30 to 60 feet).

2.

Accent Trees (Range from 10 to 20 feet).

3.

Shrubs (Range from 3 to 5 feet).

4.

Ground Cover (Ranges from 18 inches).

5.

Vines.

6.

Perennial and Annual Flowers.

g.

Landscaping Credit: Landscape credits may be applied to the overall landscape requirement, as indicated in Section 4.6.3 Required Landscape Mixture. However, in no instance shall the credits reduce the total amount of landscaping on a lot to less than fifteen (15) percent of the total land area. Credits will only be allowed if they are maintained as a permanent element of the landscape plan. Credits may be obtained as follows:

1.

For each two (2) square foot of area that is landscaped in the public street right-of-way, one (1) square foot of landscape credit will be applied to the overall landscaping requirement.

2.

For each one (1) square foot of area that is landscaped with flowering seasonal color, two (2) square foot of landscape credit will be applied to the overall landscaping requirement.

3.

Over and above the required shrub planting, for each newly planted shrub 18" in height or contained in a five-gallon container, which is maintained in a living and growing condition, fifteen (15) square feet of landscape credit will be applied to the overall landscape requirement.

4.

Over and above the required tree planting, for each newly planted or existing tree of at least three (3) inches in trunk diameter, measured twelve (12) inches above grade, which is maintained in a living and growing condition, one hundred (100) square feet of landscape credit will be applied to the overall landscape requirement. Planting of two (2) ornamental trees of eight (8) feet in height shall receive the same landscape credit as one (1) three-inch caliper tree.

5.

Over and above the required tree planting, for each newly planted or existing tree of at least six (6) inches in trunk diameter, measured twelve (12) inches above grade, which is maintained in a living and growing condition, two hundred fifty (250) square feet of landscape credit will be applied to the overall landscape requirement. Each additional one (1) inch diameter of tree over twelve (12) inches shall receive twenty (20) square feet of landscape credit.

h.

Maintenance of Landscaping: All landscaping maintenance shall be the responsibility of the property owner. The following minimum standards shall be required:

1.

All landscaping shall be permanently maintained and shall have an underground irrigation system installed by a licensed irrigator and must meet all applicable requirements of the City;

2.

Irrigation systems may be buried on public street rights-of-way. The City or any franchised utility will not be responsible for damage to any landscaping material or equipment while performing repairs of maintenance to its system. However, landscaped rights-of-way shall be irrigated;

3.

Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping;

4.

All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year;

5.

Plant materials which die shall be replaced with plant material of similar variety and size within a six-month period; and

6.

The maintenance requirement contained in this section shall be applicable regardless of the tenant occupancy status of any buildings on the property.

i.

Landscaping of Parking Lots: It is the intent of this section to encourage design and construction of parking areas in a manner whereby areas within the parking lot are landscaped as well as areas considered unusable for parking or maneuvering space. The following minimum requirements shall be observed:

1.

Parking lots shall contain a minimum of one hundred forty (140) square feet of landscaped island per each eighteen (18) contiguous parking spaces required. This landscape island is to include one (1) three-inch caliper tree. In any case, no parking space shall be located further than ninety (90) feet to a tree within a landscaped island.

2.

Landscaped islands shall be irrigated by an underground system as indicated in Paragraph h, Maintenance of Landscaping. Irrigation of all landscaped areas adjacent to any parking and/or driving surfaces shall be accomplished such that a minimum amount of water is applied to parking and/or driving surfaces.

3.

All shrubbery, flowering plants, and trees planted in parking lot islands or adjacent to parking lots shall be set back three (3) feet from any curb and that provides for "head-in" automobile parking (Exhibit "4-B").

4.

Landscape material in parking lots shall include shrubs and trees or a combination thereof, which in turn may be planted with a combination of grass, ground cover, and/or flowering plants.

5.

All landscaping within the parking lot shall be located within a landscape island or module, delineated from the surrounding paved area by a curb or barrier, constructed of masonry or concrete, of not less than six (6) inches in height around the perimeter of the island or module.

6.

For new trees at the time of planting, at least three-fourths (¾) of the tree drip line area must be in permeable area (See Exhibit "4-C").

7.

For larger existing trees located in the parking area, which are being retained and incorporated into the landscape plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.

j.

Landscaping Adjacent to Residential Districts: For any development in "C-PO", "CN", "CC1", "CC2", "CC3", "ML", "PUD-C", "PUD-I" and institutional uses including churches, schools, and governmental facilities (which includes all zoning) which abut districts zoned residential there shall be a minimum twenty-foot wide green belt of "live plant material of the evergreen variety" which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six-foot centers, for the entire distance along which the development abuts the residential district. Where a fire lane is required, the green belt may be reduced to five (5) feet (Exhibit "4-D"). Exception: When adjacent to institutional uses in residential districts and "AG" used for residential and pure agricultural uses.

k.

Landscaping Adjacent to Colleyville Boulevard: For any development which abuts Colleyville Boulevard there shall be a minimum twenty-foot wide landscaped green belt of "live plant material", exclusive of access drives. On corner lots, the twenty feet (20') wide landscaping green belt will wrap around to the depth of the property. This area may be planted with trees and shrubs required at the front of the site noted elsewhere in this Chapter. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard.

l.

Special Permits; Appeals; Exceptions: Any person aggrieved by this ordinance may appeal its effect to the City Council per Section 4.4 of this chapter on the basis of hardship.

m.

Existing Non-Conforming Uses and/or Structures: All uses that are in existence at the time of this Landscape ordinance, which do not meet the requirements provided herein, will be considered as being nonconforming to these landscape requirements. These nonconforming uses/structures will be subject to the non-conforming provisions of Chapter 3, Land Use of this Land Development Code, unless otherwise provided for in this Section. A variance to landscaping requirements may be granted, regardless of areas of noncompliance, upon completion of the following:

1.

Provide the City Manager or his appointed designee with a landscape plan prepared by the landscape architect for review and approval.

2.

Said landscape plan will illustrate a plan to landscape area as available, provide for irrigation, and provide for completing the plan.

3.

The installation of landscaping as indicated by the landscape plan is completed and approved by the city manager or his appointed designee.

Exhibit 4-A, Street Yard Landscaping Requirements

Exhibit 4-C, Description of Dripline

Exhibit 4-D, Rear and Side Landscape Buffer Requirements With Fire Lane Provided

Exhibit 4-E, Rear and Side Landscape Buffer Requirement Without Fire Lane Provided

(Ord. No. O-01-1295, 8-21-01; Ord. No. O-03-1408, 7-15-03)

Editor's note— Beginning with Supp. No. 20, this table is no longer being maintained. See Land Development Code Comparative Table at the end of this Appendix.