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HomeMy WebLinkAboutOrdinance 18746-08-2009ORDINANCE NO 18746-08-2009 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 13896, AS AMENDED, CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND SECTION 6.301 `LANDSCAPING" OF ARTICLE 3. `LANDSCAPING AND BUFFERS OF CHAPTER 6 `DEVELOPMENT STANDARDS TO ALLOW LANDSCAPE PLANTING WITH NATIVE PLANTS TO INCLUDE BIORETENTION AREAS, DRIP AND TEMPORARY IRRIGATION SYSTEMS AND PROVIDE A NATIVE PLANT LIST AMEND CHAPTER 9 `DEFINTIONS TO ADD DEFINTIONS RELATED TO NATIVE PLANTS, BIORTENTION AREAS AND DRY AND WET SWALES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE PROVIDING A PENALTY CLAUSE PROVIDING A SAVINGS CLAUSE PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE WHEREAS, the zoning ordinance establishes regulations for landscaping and buffers including the placement, size, and other development standards, and WHEREAS these regulations provide uniform development of landscaping requirements throughout the City which minimize any detrimental effects on adjacent properties acid on the environment; and WHEREAS the City's Storm Water Manual encourages landscaped bioretention areas to reduce runoff, provide filtering of pollutants and increase infiltration of water into the soil and the use of natural drainage patterns, WHEREAS, the City Council recognizes that there is a need to revise the landscape regulations of Article 3 `Landscaping and Buffers" to encourage the use of native plants, water conservation and storm water quality consistent with the Sustainabihty Plan and allow more flexibility m landscape planning in both commercial and industrial development; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS SECTION 1 Section 6.301 `Landscaping" of Article 3 `Landscaping. and Buffers" of Chapter 6 `Development Standards" of Ordinance Number 13896 the Zoning Ordinance of the City of Fort Worth, is amended by amending Section A. `Purpose" Section H. `Landscape Area Required" and Section I. `Irngation to provide regulations relating to use of native plants, water conservation, storm water quality and the creation of bioretention areas to read as follows Sec. 6.301 Landscaping A. Purpose It is the purpose of this Section to preserve the existing and natural environment, conserve water moderate air temperatures, reduce pollution, and filtration of storm water best practices whenever possible and to provide landscape amenities, setbacks and screening with Texas native and adaptive plants. This Section is also intended to promote a positive urban image by promoting quality development, enhancing property values, providing landscape improvements in all parts of the city and promoting orderly growth and aesthetic quality m the city H. Landscape area required Construction projects subject to this section shall provide landscape areas calculated as follows. 1 Commercial and Institutional Uses a. A minimum of ten percent of net site area shall be landscaped by using one of the following methods i. One shrub a minimum of five gallons in size, for every 50 square feet, or fraction thereof, of required landscape; or ii. For every 75 square feet, or fraction thereof, of required landscape area, a cluster of native shrubs and or grasses, consisting of a minimum of five (5) plants, three (3) gallon in size and grouped with similar watering requirements from the approved native plant list found in Table A. below Plants may not exceed four (4) feet m height iri the required front yard. Existing natural vegetation shall be preserved when possible. 2 Table A. Recommended List of Native Plants for Landscape Use in North Central Texas Key• E=Evergreen/D=Drought stant full with effected heat/P=Tolerates poor drainage, be used parkways nd other places where ots nfined nd drainage periodically may be poor/S=Shade tolerant/B=Attracts birds butterflies/F=Very showy flower fruit fall foliage; FF ndicates more than showy characteristic/X=Cross Timbers T ity nds my of the Blacklands limestone. Native Plants Common Name Ke Scientific Name Grasses E D P S B F X Switchgrass P B F Panicum rgatum Big Bluestein D P B F Andropogon gerardii Buffalogarss D Buchloe dactyloides Bushy Bluestein P B F Andro hgon gloeratus Eastern Gamagrass P S Tri sacum dactyloides Gulf Muhly P B F Muhlenbergia apillaris Indiangrass D P B F Sorghastrum natans Inland Seaoats P S B F Chasmanthium latifolium Lindheimer Muhly D P B F Muhlenbergia lindheimeri Little Bluestein D B FF Schizachyrium o arium Seep Muhly D P S B Muhlenbergia chonii Sideoats Gama D B F Bouteloua curtipendula Splitbeard Bluestein D P F X Andropogon ternarius Shrubs Agarito E D B F Mahonia trifoliolata American Beautyberry P S B F Callica a americana A ache Plum D B F Fallugia paradoxa Autume Sage D B F Salvia greggii Canyon Senna D F Cassia wislizenii Coralbean D B F Erythrina herbacea Coralberry S B F Sym horic us rbiculatus Dwarf W Myrtle E P S B Myrica pussila Flame Acanthus D B F Anisacanthus wrightii F agrant Sumac D B F Rhus omatica Indigobush P B F Amorpha fruticosa Mountain Sage S B F Salvia egla Pale Leaf Y E D S B F Y pallida Red Y E D P S B F Hesperaloe parviflora Smooth Sumac D B FF Rhus glabra Texas Barberry E D B F Mahonia swaseyi T as Mock Orange F Philadelphus texensis T Sage/Cenizio E D F Leucophyllum frutescens T rk' Ca D P S B F Malvaviscus drummondii V rginia Sweetspire P S B F Itea rginica White Honeysuckle Bush S B F Lonicera albiflora Groundcover Cedar Sage S B F Panicum rgatum Frogfruit D P B Phyla odiflora Golden Groundsel D S F Senecio obovatus Horseherb S Calyptoca is ialis Lyreleaf Sage E P S F Salvia Lyrata Missouri Violet S F Viola missouriensis .Pigeon Berry P S B F Rivma humilis V rgmia Creeper P S B F Parthenocissus quin uefolia Wood Fern S Thelypteris kunthii Vines Carolina Jessamine E P B F Gelsemium em ervirens Climbing Prairie Rose P B F Rosa setigera Coral Honeysuckle P B F Lomcera empervirens Crossvine E P S B F Bignonia ca reolata Passion Flower P S B F Passiflora arnata V~rgmia Cree er P S B F Parthenocissus quin uefolia Ada tive White Yarrow E D P B F Achillea millifollium Butterfly Bush B F Buddleja spp Mexican Bush Sage D B F Salvia leucantha Mexican Oregano E D B ~ F Pohomentha longiflora Ox Eyed Daisies E P B F Chrysanthemum leucanthemum Source: North Central T Council of Governments b All landscaped areas shall > be located outside the perimeter of the footprint of a building or structure; >a,. protected by wheel stops, curbs or other physical barners where adjacent to vehicle use areas, and iii. be covered with grass, organic mulch or low maintenance groundcover c. A mm>mum of 75% of all required landscape area shall be located in the front yard between the building line and the front property line. For lots with multiple street frontages, a minimum of 75% of all required landscape shall be located a,n the yard adjacent to the street with the greatest pavement w>dth. The Planning and Development Dtrector may approve a 5% modification to the percentage requirement. When an arttfic;<al lot or a building expansion is separated from property adjacent to a street frontage, the required landscape areas maybe located anywhere on the subject to the perimeter footprint of a building or structure. d. Landscaped Bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soa,l. 4 e. The minimum percentage of the landscape area required m the front yard between the building line and the front property line may be reduced to 50% provided that native/adapted plants are used m conjunction with storm water quality facilities as approved by the Department of Transportation and Public Works and as provided m the Storm Water Quality Manual. 2 Industrial Uses and Manufactured Home Uses a. A minimum of four (4) percent net site area, or at the option of the developer a landscape area of at least thirty (30) feet m depth along the length of the property line frontage on all public right-of way adjacent to the property shall be landscaped by using one of the following methods i For every 50 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons is required, or ii.For every 75 square feet, or fraction thereof, of required landscape area, a cluster of native shrubs and or grasses, consisting of a minimum of five (5) plants, three (3) gallon m size and grouped with similar watering requirements, from the approved native plant list found m Appendix F `Landscaping" of the City's Storm Water Manuel. Plants may not exceed four (4) feet m height in the required front yard. Existing natural vegetation shall be preserved when possible. b All landscaped areas shall. i. be located outside the perimeter of the footprint of a building or structure; ii protected by wheel stops, curbs or other physical barriers where adjacent to vehicle use areas, and iii. be covered with grass, organic mulch or low maintenance ground cover c. A minimum of 75% of all required landscape area shall be located in the front yard between the building line and the front property line. For lots with multiple street frontages, a minimum of 75% of all required landscape shall be located in the yard adjacent to the street with the greatest pavement width. The Planning and Development Director may approve a 5% modification to the percentage requirement. When an artificial lot or a building expansion is separated from property adjacent to a street frontage, the required landscape areas maybe located anywhere on the subject to the perimeter footprint of a building or structure d. Landscaped Bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil. e. The minimum percentage of the landscape area required in the front yard between the building line and the front property line may be reduced to 50% provided that native/adapted plants are used in conjunction with storm water 5 quality facilities as approved by the Department of Transportation and Public Works and as provided m the Storm Water Quality Manual. I. Irrigation 1 A permanently installed irngation system shall be installed to provide total water coverage to all plant materials installed. 2 A temporary irngation system shall be installed for new native plantings for up to one year in order to establish root systems. 3 A drip irngation system as required by the City's Water Department (Water Conservation Manuel, Section 35-162 of the Crty Code) shall be installed for native and adaptive plant material m new commercial and industrial planting beds less than five (5) feet m width. SECTION 2. Section 6.301 `Landscaping" of Article 3 `Landscaping and Buffers" of Chapter 6, `Development Standards" of Ordinance Number 13896 the Zoning Ordinance of the City of Fort Worth, is amended by deleting Section J `Miscellaneous Requirements" and to renumber the following sections Sections L., `Modification of Landscape Requirements" to Section J Section M. `Installation and Maintenance" to Section K, and Section N `Variances by Board of Adjustment" to Section L. SECTION 3 Section 9 101 `Defined Terms" of Chapter 9 `Definitions" of Ordinance Number 13896 the Zoning Ordinance of the City of Fort Worth, is amended to add the following definitions Plant, Grouping: A collection of native and or adapted plants united in a group Plant, Native: A plant that hues or grows naturally m a particular region without direct or indirect human intervention. 6 Plant, Adapted. A plant originally found in other parts of the nation or world that thrives in the North Central Texas area. Temporary Irrigation. An irrigation system that is used to establish native and adaptive plant species and is removed after one year of establishment period. Bioretention Area. structural storm water areas, including dry and wet swales, which capture and treat runoff using soils and vegetation m shallow basins or landscaped areas. Dry Swale. A system that consists of an open conveyance channel with a filter bed of permeable soils that overlay an under dram system. Flow passes into and is detained m the main portion of the channel where rt is filtered through the soil bed. Runoff is collected by a perforated pipe and gravel under drain system to the outlet. Wet Swale. A system that consists of an open conveyance channel which has been excavated to the water table or to poorly drained soils. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. 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 unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 7 SECTION 6. Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000 00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 7 All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinances No 3011 13896 and any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8. The City Secretary of the City of Fort Worth, Texas; is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013 Texas Local Government Code. SECTION 9 This ordinance shall take effect upon adoption and publication as required by law APPROV D AS(TO FOR ND LEGALITY By~ ,~!~~ Assistant Crty Attorney ADOPTED Au~ust_ 4, 2009 EFFECTIVE < 8