HomeMy WebLinkAbout602-OBDATE: November 20, 2000
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request to amend Sec. 30-31, Landscaping and Screening Requirements, of the
City of Beaumont Zoning Ordinance
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The Planning Manager recommends approval of the amendments.
In early 2000, the Planning Division and Beautify Beaumont, Inc. began a review of the
existing landscape ordinance for possible improvements. At about the same time, Beautify
Beaumont (of which several City staff are members) met with landscapers to get their
opinions on the existing ordinance.
Once other cities' landscape ordinances were researched and a draft was developed, a
Landscape Ordinance Review Committee was created to review the draft and make
reconunendations.
In drafting the proposed changes, the Committee recognized the positive role that
landscaping and the attractiveness of the community have on economic development.
However, the Committee was also sensitive to the financial burden that different
regulations might add. Therefore, the Committee recommended changes that would assist
the property owner in preserving the landscaping required of him or her, thereby lowering
the long-term cost of having to replace dead trees and shrubs,
The recommended changes are an attempt to simplify the existing ordinance, make it
easier to understand and to allow for more flexibility in design. The three lists of
recommended trees and shrubs were created to assist the property owner by providing a
list of plants that are best suited to Beaumont's climate and more suited to the particular
planting conditions of each individual property,
The ordinance, as proposed, is included as Attachment "A". Attachment "B" is a copy
of the existing ordinance. Attachment "C" shows what has been deleted out of the
existing landscape ordinance. Attachment "D" shows what has been added. Attachment
"E" is a brief synopsis comparing the two ordinances. In addition, I have attempted to
show how much landscaping would be required for a "Mom and Pop" property, a "Middle
Size" property and a "Large Size" property (Attachment F). Understand that these
numbers are rough and are estimates only.
Exhibits are attached.
ATT MENT A
PROPOSED- ORDINAN
I DRA, ff
Sec. 30-31. Landscaping and Screening Requirements.
(a) Purpose: The provisions of this section for the installation and
DRAFT maintenance of landscaping and screening are intended to protect the
character and stability of residential, commercial, institutional and industrial
.areas, to conserve the value of land and buildings of surrounding properties
and neighborhoods, to enhance the aesthetic and visual image of the
community, to encourage the preservation of large trees which once
removed can be replaced only after generations, and to assist with clean air.
In no case shall these provisions restrict ADA requirements.
(b) Landscape Plan Required:
All building permit applications for new building construction shall be
accompanied by two (2) blueline or blackline prints of the Landscape Plan
to be approved by Development Services before issuance of the building
permit.
The Landscape Plan shall contain sufficient detail to show the following:
I The date, scale, north arrow and names and address and phone
numbers of each property owner and person preparing the plans.
2. The footprint of all existing and proposed structures.
3, Remaining and/or proposed site elements such as power poles,
fences, walls, drainage swales, easements, sidewalks, parking lot
layout, pedestrian walkways, and other such elements.
4. A schedule identifying name, size, number, and location of all
landscape elements.
5. Name, location and size of existing trees, and type and location of
other vegetation proposed to remain for credit purposes.
6. The size and location of the parking lot and the number of spaces,
and how the owner proposes to address the interior landscaping
requirement.
7. Such other information as may be reasonably necessary to
administer and enforce the provisions of this ordinance.
8. Drawn at a scale of I" = 50' or greater.
(c) Irrigation Required
1. All buildings greater than 3000 sq. ft. shall require an automatic
irrigation system sufficient to provide complete coverage of
required screening landscaped areas,
2. An irrigation system shall be installed and operational prior to
issuance of a Certificate of Occupancy or final building inspection.
3. State law requires installation by licensed irrigators.
4. Irrigation systems shall be maintained in good and operating
condition.
5. For buildings 3000 sq. ft. or less, hose bibs may be used for
irrigation purposes.
(d) Certificate of Occupancy
No Certificate of Occupancy for new construction shall be issued or final
approval of parking lot expansion made unless complying with terms and
conditions required herein.
(e) Definitions:
Berm: Landscaped earthen hill of three feet (Y) height or greater.
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2. Caliper: The measure of the diameter of a tree at eighteen inches
(18 ") above grade,
Class A Trees must be two inches (2") caliper or greater.
Class B Trees if multi-trunked, must have a minimum of three (3)
trunks of one inch (P) caliper each,
3. Class A Tree: A tree with a mature height of 30 feet or more. See
recommended list.
4. Class B Tree: A tree with a mature height of less than 30 feet. See
recommended list.
5. Critical Root Zone: A circular region measured outward from the
tree trunk to the drip line representing the area of roots that must
be maintained or protected for the tree's survival.
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6. Drip Line: A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
7. Easement. The legal grant of right -of -use to an area of designated
private property, utilized by public corporations (states,
municipalities) and also made to companies providing public
services such as gas, electricity, and telephone.
8, Island: A curbed landscaped area in a parking lot that is
surrounded on all sides by parking spaces.
9. Landscaped: Shall consist of any combination of turf/grass/ground
cover, shrubs, and trees. It must be installed in a sound manner and
in accordance with accepted standards of the nursery industry.
10. Median: A curbed landscaped area in a parking lot that separates
parking aisles.
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11. Open Space Buffer Planting Strip: The area between single-family
residential and any other zoned property. This strip is to include
required trees.
12, Planting Strip: The area between the curb and sidewalk, two curbs,
a curb and fence, or a sidewalk and fence.
13. Peninsula: A curbed landscaped area that protrudes into parking
aisles and adjoins other non -parking open space,
14. Public Right -of -Way: The entire strip of land lying between the
property fine and a street or thoroughfare, alley, crosswalk, or
easement.
15. Shrub: A woody plant of low or medium height, usually multi -
stemmed. See recommended list for three foot high hedge.
16. Vehicular Use Area: The total area of all the parking spaces and
drives serving the parking area.
(0 Perimeter Landscaping and Screening:
When a commercial or industrial use is established on a lot or
premises located adjacent to any residential zoning district, or when
any multiple -family dwelling use is established on a lot or premises
adjacent to any property located in a single-family residential zoning
district, a ten (10) foot width of landscaping open -space buffer strip
shall be installed and maintained by the owner, developer or
operator of the commercial or industrial property between it and
the adjacent residentially zoned property.
2. In an open space buffer planting strip required under the terms of
this section, a minimum of one (1) Class A tree or two (2) Class B
trees shall be planted and maintained for each twenty-five (25)
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lineal feet or portion thereof of said open space buffer strip. The
required trees may be planted anywhere within the buffer strip with
a minimum of ten (10) feet apart for Class A trees and a minimum
of five (5) feet apart for Class B trees. Refer to definitions on tree
size.
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3. In addition, an eight -foot high opaque fence or wall shall be erected
and maintained along the property line to provide visual screening.
The fence or wall shall be masonry or a wood diagonal, horizontal
or vertical stockade type privacy fence, although the framing may
be metal.
4. In lieu of the fence, a thirty-foot (30) wide landscape planted buffer
for the purpose of screening, may be provided along the property
line.
For a thirty (30) foot wide landscape planted buffer, one (1) Class
A tree or two (2) Class B trees shall be planted and maintained for
each ten (10) lineal feet of buffer. The required trees may be
planted anywhere within the buffer strip with a minimum of twenty
(20) feet apart for Class A trees and a minimum often (10) feet
apart for Class B trees. Refer to definitions on tree size.
6. The provisions of this perimeter landscaping and screening shall not
apply where districts are separated by a public street.
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(9)
(h)
7. When a Specific Use Permit is required, the landscape buffering and
fencing required by this section may be modified or eliminated as a
condition of a Specific Use Permit.
Dumpster and Immobile Trash Containers
Any fixed or otherwise immobile trash container must be set back from the
property fine no less then twenty-five (25) feet or be completely screened
from view from any street via landscaping and solid, opaque fencing on a
minimum of three (3) sides.
No such container shall be allowed on city right-of-way.
Landscaping of Off -Street Parking
1. Island, Median and/or Peninsula Requirements:
a) Any parking lot or portions thereof which is to contain
twenty (20) or more parking spaces shall provide
permanently landscaped areas consisting of islands,
peninsulas, or medians within the parking area. The
required landscaped island, peninsula, or median shall be
provided as follows:
(1) Sites having less than 100 parking spaces: one (1)
landscaped island, peninsula, or median per twenty
(20) parking spaces is required.
(2) Sites having more than 100 parking spaces: one (1)
landscaped island, peninsula, or median per ten (10)
parking spaces is required.
(3) The landscaped island or peninsula located within
the parking spaces shall be no less than nine (9) feet
wide or if a landscaped median shall be no less than
six (6) feet wide.
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(4) Each island or peninsula required herein shall at
minimum contain one (1) Class A tree or two (2)
Class B trees.
(5) Each median required herein shall at minimum
contain one (1) Class A tree or two (2) Class B trees
for each twenty-five (25) linear feet of median.
(6) All such landscaped areas shall be protected from
vehicular access to these areas by curbing or other
protective devices. No automobile or other type of
vehicle shall be driven on any required landscaped
space.
I Perimeter Requirements:
a) A landscaping edge or buffer shall be required along each
side of a parking lot that faces towards a public
right-of-way.
b) The landscaping edge shall be no less than six (6) feet wide
and may use up to three (3) feet of the public right- ' of -way,
if unused and available at the time of permitting.
c) The landscaping edge shall be for the parking lot's entire
length.
d) The landscaping edge shall contain no less than one (1)
Class A tree or two (2) Class B trees for each twenty-five
(25) lineal feet or fraction thereof of the edge.
e) The required trees may be located anywhere within the six
(6) foot landscape edge with a minimum of ten (10) feet
apart for Class A trees and a minimum of five (5) feet apart
for Class B trees. Refer to definitions on tree size.
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If overhead lines are present along the perimeter landscape
edge, Class B trees will be required.
g) A screen no less than three (3) feet height comprised of a
wall, solid fence, berm, or plant material or combination of
shall be provided along the entire length of the landscaping
edge or buffer, if any part of the landscaping edge is within
ten (10) feet of the right-of-way. The screen does not have
to be straight with the street or parking edge.
h) The three (3) foot high. screen shall not be on the
right-of-way.
i) The three (3) foot high screen shall not be required'across
driveways.
j) The three (3) foot high screen shall not be within three (3)
feet of a driveway or restrict a driver's line of sight of
approaching vehicles as determined by the City.
k) The required three (3) foot high screen, when planted, shall
be a minimum of two (2) feet in height. See list of
suggested shrubs.
1) A minimum width of three feet (T) is required for the bed
containing the planted screen.
m) The required three (3) foot high screen, if planted shall be
maintained at no less than three (3) feet high.
3. An increase in the size of an existing parking lot by twenty-five (25)
percent in the number of parking spaces or more shall require the
entire parking lot, in addition to the twenty-five (25) percent
expansion, to be brought into compliance with this section.
(i) Landscaping Bonus Provisions:
In order to receive credit for preserved trees, the owner must
include as part of the Landscape Plan submittal, a Tree Preservation
Plan which must be approved by Development Services.
The Tree Preservation Plan shall include the name, location,
size and condition of each tree to be preserved, along with
an indication of proposed development features which may
impact such trees, and any other pertinent information as
required to evaluate existing and proposed conditions.
b) The Tree Preservation Plan shall include a detailed
description of all methods to be used to ensure the survival
of all trees scheduled for preservation credit, including
information that may be required to interpret the intent and
methodology proposed.
c) Any tree to be preserved for credit shall be protected from
excavation and all construction by fencing off the area
which constitutes the critical root zone as defined herein.
d) All building material, dirt, debris and equipment shall be
kept outside the fenced area.
e) All tree preservation methodology shall conform to the
standards of the Texas Department of Agriculture and
Forestry, the Texas Forest Service and the International
Society of Arboriculture.
f) If a preserved tree dies within five years, it is the
responsibility of the owner to replace that tree with the
number of Class A trees credited on a matching basis within
six months.
2. Credit may be received for preservation of existing trees as follows:
a) For each existing tree between two (2) to four (4) inches in
caliper, a tree credit of one (1) for one (1) is allowed.
b) For each existing tree between five (5) and twelve (12)
inches in caliper, a tree credit of two (2) for one (1) is
allowed.
c) For each existing tree over twelve (12) inches in caliper, a
tree credit of three (3) for one (1) is allowed.
3. The required minimum front building setback for development in
GC -MD, GC-MD-2 and GC-MD-3 Districts and for multi -family
housing in RM•M and RM-H Districts shall be reduced to fifteen
(15) feet when a landscaped planting strip is provided across the
first ten (10) feet of the property adjacent to the street right-of-way.
a) A turf area is to be located between the paved or curbed
portion or sidewalk of the adjacent street right-of-way and
the front property line.
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b) The landscape planting strip shall not be used for parking,
but can be crossed with driveways providing direct ingress
and egress to the development that have been approved by
the Development Services Manager or his designee.
c) This landscape planting strip shall by planted with one (1)
Class A or two (2) Class B trees for each twenty-five (25)
lineal feet or fraction thereof along the property line. The
required trees may be planted anywhere within the
landscape planting strip with a minimum of ten (10) feet
apart for Class A trees and a minimum of five (5) feet apart
for Class B trees.
d) Three (3) feet of Public R.O.W. may be used with written
permission from Development Services.
0) Installation and Maintenance:
1. All landscaping shall be installed in accordance with accepted
standards of the Texas Nurseryman's Manual.
2. All plant material shall be true to name, variety, and size and shall
conform to all applicable provisions of the American Standards for
Nursery Stock, latest edition.
The owner and/or tenant shall be responsible for installing and
maintaining all landscaping according to standard horticultural
practices.
4. All landscaping shall be maintained in a healthy, neat, and orderly
condition.
5. No trees may be located within ten (10) feet of a fire hydrant.
6. No trees may be topped if the limbs are three (3) inches in diameter
or greater.
7, Required three (3) foot hedges shall be maintained at a minimum of
three (3) feet in height,
8. Dead, dying or damaged landscaping material shall be immediately
replaced in conformance herein.
9. Irrigation systems must be in good and operating condition,
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10, Failure to install required material or maintain landscaping within
60 days of notification shall be subject to legal action pursuant to
Section 1-8 of the Codes of Ordinances of the City of Beaumont.
11, Any request for a modification to the terms of this ordinance must
be submitted in writing and be responded to in writing by the
Development Services Manager,
(k) Letter of Credit:
A letter of credit may be utilized when the landscaping improvements
required by Sec. 30-31 have not been completed prior to the issuance of a
certificate of occupancy.
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TREES FOR BEAUMONT
Class A Tree: Mature Height greater than 30 feet
Branches begin at 6 feet
Must be 2" or greater in Caliper when planted
American Beech
Fagus grandifloia
Arizona Ash
Fraxinus velutina
Bald Cypress
Taxodium distichurn
Canary Island Date Palm
Phoenix canariensis
Cedar Elm
Ulmus crassifloia.
Cherrybark Oak
Quercus falcata var. pagodifolia
Chinese Elms Ulmus parvifolia
Green Ash Fraxinus pennsylvanica.
Hackberry Celtis laevigata,
Live Oak Quercus virginiana
Sawthooth Oak Quercus
Loblloly Pine Pinus Taeda
Magnolia Magnolia grandiflora
Nuttall Oak Quercus Nuttallii
Pecan Carya illinoinensis
Red Cedar Juniperus virginiana.
Red Maple Acer rubr-um'Drummondii'
Sabal Palms, Florida Fan Palm Sabal palmetto
Shumard Oak Quercus Shumardii
Slash Pine Pinus Elliottii
Southern Red Oak Quercus falcata
Spruce Pine Pinus glabra.
Swamp Chestnut Oak, Cow, Basket Quercus Michauxii
Sycamore Platanus occidentails
Washingtonia Palm Washingtonia robusta
Water Oak Quercus nigra
White Oak Quercus alba
Willow Oak Quercus phellos
Windmill Palm Tracycarpus fortunel
Winged Elm Ulmus alata
TREES FOR BEAUMONT
Class B Tree: Less than 30'Mature Height
81-10' height when planted
American Holly Ilex opaca
Cherry Laurel
Primus caroliniana
Chinese Fan Palm
Livistona chinensis
Chinese Fringe Tree
Chioanthus virginicus
Chinese Pistachio
Pistacia chinesis
Crape Myrtle
Lagerstroemia indica and hybrid
Flowering Pear
Pyrus CalleryanaBradford','Aristocrat'
Savannah Holly
Ilex attenuata 'Savannah'
Golden Rain Tree Koelreuteria bipinnata
Japanese Evergreen Oak Quercus glauca
Loquat Eriobotrya japonica
Mexican Plum Prunus mexicana
Parsley Hawthorn Crataegus Marshallii
Pindo Palm Butia capitata
Purple Leaf Plum prunus cerasifera
River Birch Betula nigra
Sweet Bay Magnolia Magnolia virginiana
Texas Redbud
Cercis canadensis'Texensis'
Tree Ligustrum
Ligustrum lucidum
Tulip Magnolia
Magnolia soulangiana
Vitex
Vitex Agnus-castus
Wax Ligustrum, Tree Ligustrum japconicurn
Yaupon Tree Ilex vomitoria
oil 111 0 * 210
Shrubs: Maintain 3' height or greater
Must be evergreen
Banana Shrub, Magnolia Fuscata
Blue Vase Juniper
Bottlebrush
Burford Holly
Camellia Sasanqua, upright
Camellia
Chinese Holly
Cleyera
Dwarf Burford Holly
Dwarf Japanese Holly
Dwarf Wax Myrtle
Elacagnus
English Boxwood
Florida Jasmine
Fringe Flower
Gardenia, Cape Jasmine
Glossy Abelia
Indian Azalea
Indian Hawthorn
Japanese Vibrunum
Japanese Yew
Kumquat
Nandina
Oleander
Pineapple Guava
Pittosporum
Pyracantha
Red Tip Photinia
Sweet Olive
Texas Sage
Variegated Pittosporum
Variegated Privet
Viburnum suspensum
Wax —leaf Ligustrum
Wax Myrtle
Michelia Figo
Juniper -us chinensis'Glauca'
Callistemon rigidus
Ilex coinuta'Burfordii'
Camellia Sasanqua
Camellia japonica
Ilex. comuta'Rotunda'
Temstoremia gymnanthera
Ilex comuta'Burfordii Nana'
Ilex crenataCompacta'
Myrica pusilla
Elaeagnus pungens
Buxus sempervirens
Jasminum. floridum
Loropetalum chinense
Gardenia j asminoides
Abelia grandiflora
Rhododendron indica
Raphiolepis indica
Viburnum japonicum
Podocarpus macrophyllus
Fortunella japonica
Nandina domestica
Neriurn Oleander
Feijoa Sellowiana
Pittosporum Tobira
Pyracantha coccinea
Photinia glabra
Osmanthus fragrans
Leucophyllum, frutescens
Pittosporum Tobira'Variegata'
Ligustrum sinense variegata
Viburnum suspensum
Ligustrum japonicum
Myrica cerifera
Sec. 30-31. Landscaping and Screening Requirements.
(a) Purpose: The provisions of this section for the installation and
maintenance of landscaping and screening are intended to protect
the character and stability of residential, commercial, institutional
and industrial areas, to conserve the value of land and buildings of
surrounding properties and neighborhoods, and to enhance the
aesthetic and visual image of the community.
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(b) Perimeter Landscaping and Scree"n :
When a commercial or industrial use is established on a lot
or premises located adjacent to any residential zoning
district, or when any multiple -family dwelling use is
established on a lot or premises adjacent to any property
located in a single-family residential zoning district, a ten -
foot width of landscaping open -space buffer strip shall be
installed and maintained by the owner, developer or
operator of the commercial or industrial property between
it and the adjacent residentially zoned property. In
addition, an eight -foot high opaque fence or wall shall be
erected and maintained along the property line to provide
visual screening. The fence or wall shall be a wood or
masonry diagonal, horizontal or vertical stockade type
privacy fence, although the framing may be metal. In lieu
of the fence, a thirty-foot wide landscaped buffer may be
provided along the property line. The provisions of this
paragraph shall not apply where districts are separated by
a public street.
2. In an open space buffer strip required under the terms of
this section, not less than one (1) tree shall be planted and
maintained for each twenty-five (25) lineal feet or portion
thereof of said open space buffer strip. For a thirty (30)
foot wide landscaped buffer, one (1) tree shall be planted
and maintained for each two hundred fifty (250) square feet
of landscaped buffer. Each tree shall be not less than six
(6) feet in height immediately upon planting and shall have
a caliper of not less than two (2) inches at ground level.
3. When a Specific Use Permit is required, the landscape
buffering and fencing required by Section 3 0-3 1 (B) may be
modified or eliminated as a condition of a Specific Use
Permit.
(c) Off -Street Parking Landscaping:
The owner, tenant, and/or agent of an off-street parking
area for any use shall be required to provide minimum total
landscaped open spaces equal to not less than two hundred
(200) square feet for parking lots less than or equal to four
thousand (4000) square feet in area, not less than five
percent (5%) landscaped open spaces for parking lots
greater than four thousand (4000) square feet and up to
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seventy-five (75) vehicles, not less than seven and one-half
percent (7.5%) landscaped open spaces for parking lots of
seventy-six (76) vehicles to one hundred fifty (150)
vehicles, and not less than ten percent (10%) landscaped
open spaces for parking lots greater than one hundred fifty
(150) vehicles. The parking area shall be based on the total
area of all the parking spaces and drives in and serving the
parking area. A landscaped open space shall be no less
than six (6) feet wide and shall be located within the
parking lot as an island or as a peninsula in order to be
applied towards the landscape requirements of this section.
2. A minimum of one (1) tree shall be planted and maintained
for each two -hundred and fifty (250) square feet or -portion
thereof of landscaped open space area. Such trees shall be
a minimum of six (6). feet in height immediately upon
planting and have a two (2) inch caliber measured eighteen
(18) inches from the ground. No parking space shall be
located further than -one hundred (100) feet from the trunk
of any tree within a landscaped open space. Credit may be
received for preservation of existing trees as follows: for
each existing tree between two (2) to four (4) inches in
caliber, a tree credit of one (1) for one (1) is allowed; for
each existing tree between four (4) and twelve (12) inches
in caliber, a tree credit of two (2) for one (1) is allowed,
and for each existing tree over twelve (12) inches in
caliber, a tree credit of three (3) f6r one (1) is allowed.
3. A landscaping edge or buffer shall be required along each
side of a parking lot that faces towards a public right-of-
way. The landscaping edge shall be for the parking lot's
entire length. The landscaping edge shall be no less than
six (6) feet wide and may use up to three (3) feet of the
public right-of-way, if unused and available at time of
permitting. The landscaping edge shall contain no less than
one (1) tree for each twenty-five (25) lineal feet or fraction
thereof of the edge. Each tree shall be either an existing
tree or a new tree at least six (6) feet in height and two (2)
inches in caliber measured eighteen (18) inches from the
ground. A screen no less than three (3) feet high
comprised of a wall, solid fence, berm, or plant material
shall be provided along the entire length of the landscaping
edge, if any part of the landscaping edge is within ten (10)
feet of the right-of-way line. The three (3) foot high screen
shall not be on the right-of-way and shall not be required
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across driveways, within three (3) feet of a driveway or
restrict a driver's line of sight of approaching vehicles as
determined by the City Traffic Engineer.
4. An increase in the size of an existing parking lot by twenty-
five percent (25%) in the number of parking spaces or
more shall require the entire parking lot, in addition to the
twenty-five percent (25%) expansion, to be brought into
compliance with this section (c).
(d) Landscaping Bonus Provisions:
1. The required minimum front yard for development in GC -
MD, GC-MD-2 and GC-NID-3 Districts and for multi-
family housing in RM-M and RM-H Districts shall be
reduced to fifteen (15) feet when a landscaped open space
strip is provided on both the first ten (10) feet of the
required front yard and the property located between the
paved or curbed portion or sidewalk of the adjacent street
right-of-way and the front yard property line.
The landscaping strip shall not be used for parking but can
be crossed with driveways providing direct ingress and
egress to the development that have been approved by the
Planning Director or his designate.
2. A density bonus in excess of the maximum permitted
density shall be permitted in RM-M and RM-H Districts
when a ten (10) foot landscaped open space buffer strip is
provided between multi -family development and all single-
family zoned property. The density bonus shall be
calculated as follows:
a. In RM-M Districts an additional one (1) dwelling
unit shall be permitted for each one -hundred (100)
lineal feet or fraction in excess of fifty (50) lineal
feet of qualifying landscaped buffer strip.
b. In RM-H Districts an additional two (2) dwelling
units shall be permitted for each one -hundred (100)
lineal feet or fraction in excess of fifty (50) lineal
feet of qualifying landscaped buffer strip.
Installation and Maintenance: The owner, tenant and agent, if any,
shall be jointly and severally responsible for installing and
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maintaining all landscaping in a healthy, neat, and orderly
condition, and replacing it when necessary.
Curbing: Curbing or other protective devices or barrier shall be
installed to protect landscaped open space buffer strips from
vehicular encroachment. No automobile or other type of vehicle
shall be driven on any landscaped open space buffer strip required
by this section.
DELETIONS FROM
EXISTING ORDINANCE
See. 30-31. Landscaping and Screening Requirements.
(a) Purpose: The provisions of this section for the installation and
maintenance of landscaping and screening are intended to protect the
character and stability of residential, commercial, institutional and
industrial areas, to conserve the value of land and buildings of surrounding
properties and neighborhoods, and to enhance the aesthetic and visual
image of the community.
(b) Perimeter Landscaping and Screening:
When a commercial or industrial use is established on a lot or
premises located adjacent to any residential zoning district, or
when any multiple -family dwelling use is established on a lot or
premises adjacent to any property located in a single-family
residential zoning district, a ten -foot width of landscaping open -
space buffer strip shall be installed and maintained by the owner,
developer or operator of the commercial or industrial property
between it and the adjacent residentially zoned property. In
addition, an eight -foot high opaque fence or wall shall be erected
and maintained along the property line to provide visual screening.
The fence or wall shall be a wood or masonry diagonal, horizontal
or vertical stockade type privacy fence, although the framing may
be metal. In lieu of the fence, a thirty-foot wide landscaped buffer
may be provided along the property line. The provisions of this
paragraph shall not apply where districts are separated by a public
street.
2. In an open space buffer strip required under the terms of this
section, tiot less thatt-oiie (11' ) tree shall be planted and maintained
for each twenty-five (25) lineal feet or portion thereof of said open
space buffer strip. For a thirty (30) foot wide landscaped buffer,
one (1) tree shall be planted and maitttained for eaeh two htm
fifty (259) squafe feetoflandseapedbt4e.r. Eaebtree shall be no
less than six kv) .,,,t in height immediately ttport planting-aftd-41ftA
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3. When a Specific Use Permit is required, the landscape buffering
and fencing required by Section 30 34B-} may be modified or
eliminated as a condition of a Specific Use Permit.
(c) Off -Street Parking Landscaping:
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3. A landscaping edge or buffer shall be required along each side of a
parking lot that faces towards a public right-of-way, The
landscaping edge shall be for the parking lot's entire length. The
landscaping edge shall be no less than six (6) feet wide and may
use up to three (3) feet of the public right-of-way, if unused and
available at time of permitting. The landscaping edge shall contain
no less than one (1) tree for each twenty-five (25) lineal feet or
fraction thereof of the edge. Eaeh tfee 8hall be either an-ex4sting
ealiber measured eighteen (18) inehes ftom the ground. A screen
no less than three (3) feet high comprised of a wall, solid fence,
berm or plant material shall be provided along the entire length of
the landscaping edge, if any part of the landscaping edge is within
ten (10) feet of the right-of-way line. The three (3) foot high
screen shall not be on the right -off -way and shall not be required
across driveways, within three (3) feet of a driveway or restrict a
driver's line of sight of approaching vehicles as determined by the
City Traffie Engineer.
4. An increase in the size of an existing parking lot by twenty-five
percent (25%) in the number of parking spaces or more shall
require the entire parking lot, in addition to the twenty-five percent
(25%) expansion, to be brought into compliance with this section
(e�
(d) Landscaping Bonus Provisions:
The required minimum front yard for development in GC -MD,
GC-MD-2 and GC-MD-3 Districts and for multi -family housing in
RM-M and RM-H Districts shall be reduced to fifteen (15) feet
when a landscaped opetttstrip is provided ott both the first
ten (10) feet of the reqttired front yard and t propetty-loeffted
between the paved or ettrbed portion or sidewalk of th adjacent
street right-of-way attd the ft-ont yard property line.
The landscaping strip shall not be used for parking but can be
crossed with driveways providing direct ingress and egress to the
development that have been approved by the Planning Direeto or
his desinate.
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(e) Installation and Maintenance: The owner, tenant and agent, if any shall be
jointly and severally responsible for installing and maintaining all
landscaping in a healthy, neat and orderly condition and replaeitig it whe
ELW'%JLVJ1AW= '• tftwm Pima a &V2 MINI a a a 01.105i
ADDITIONS TO
PROPOSED ORDINANCE
See. 30-31. Landscaping and Screening Requirements.
(a) Purpose: The provisions of this section for the installation and
maintenance of landscaping and screening are intended to protect the
character and stability of residential, commercial, institutional and
industrial areas, to conserve the value of land and buildings of surrounding
properties and neighborhoods, to enhance the aesthetic and visual image of
the community, to encourage the preservation of large trees which once
removed can be replaced only after generations, and to assist with clean
air. In no case shall these provisions restrict ADA requirements.
(b) Landscape Plan Required:
All building permit applications for new building construction shall be
accompanied by two (2) blueline or blackline prints of the Landscape Plan
to be approved by Development Set -vices before issuance of the building
permit.
The Landscape Plan shall contain sufficient detail to show the following:
1 The date, scale, north arrow and names and address and phone
numbers of each property owner and person preparing the plans.
2. The footprint of all existing and proposed structures.
3. Remaining and/or proposed site elements such as power poles,
fences, walls, drainage swales, easements, sidewalks, parking lot
layout, pedestrian walkways, and other such elements.
4. A schedule identifying name, size, number, and location of all
landscape elements.
5. Name, location and size of existing trees, and type and location of
other vegetation proposed to remain for credit purposes.
6. The size and location of the parking lot and the number of spaces.'
and how the owner proposes to address the interior landscaping
requirement.
7. Such other information as maybe reasonably necessary to
administer and enforce the provisions of this ordinance.
8. Drawn at a scale of 1 50' or greater.
(c) Irrigation Required
1. All buildings greater than 3,000 sq. ft. shall be provided with an
automatic irrigation system sufficient to provide complete
coverage of required screening landscaped areas.
2., An irrigation system shall be installed and operational prior to
issuance of a Certificate of Occupancy or final building inspection.
3. State law requires installation by licensed irrigators.
4. Irrigation systems shall be maintained in good and operating
condition.
5. For buildings 3,000 sq, ft, or less, hose bibs may be used for
irrigation purposes.
(d) Certificate of Occupancy
No Certificate of Occupancy for new construction shall be issued or final
approval of parking lot expansion made unless complying with terms and
conditions required herein.
(e) Definitions:
I., Berm: Landscaped earthen hill of three feet (Y) height or greater.
2. Caliper: The measure of the diameter of a tree at eighteen inches
(18 ") above grade.
Class A Trees must be two inches (2") caliper or greater.
Class B Trees if multi-trunked, must have a minimum of three (3)
trunks of one inch (1 ") caliper each.
3. Class A Tree: A tree with a mature height of 30 feet or more. See
recommended list.
4. Class B Tree: A tree with a mature height of less than 30 feet. See
recommended list.
5. Critical Root Zone: A circular region measured outward from the
tree trunk to the drip line representing the area of roots that must be
maintained or protected for the tree's survival.
6. Drip Line: A vertical line extending from the outermost edge of
the tree canopy or shrub branch to the ground.
7. Easement: The legal grant of right -of -use to an area of designated
private property, utilized by public corporations (states,
municipalities) and also made to companies providing public
services such as gas, electricity, and telephone.
N
8. Island: A curbed landscaped area in a parking lot that is
surrounded on all sides by parking spaces.
9. Landscaped: Shall consist of any combination of turf/grass/ground
cover, shrubs, and trees. It in -List be installed in a sound manner
and in accordance with accepted standards of the nursery industry.
10, Median: A curbed landscaped area in a parking lot that separates
parking aisles.
11. Open Space Buffer Planting Strip: The area between single-family
residential and any other zoned property. This strip is to include
required trees.
12. Planting Strip: The area between the curb and sidewalk, two curbs,
a curb and fence, or a sidewalk and fence.
13. Peninsula: A curbed landscaped area that protrudes into parking
aisles and adjoins other non -parking open space.
14, Public Right -of -Way: The entire strip of land lying between the
property line and a street or thoroughfare, alley, crosswalk, or
easement.
15. Shrub: A woody plant of low or medium height, usually multi -
stemmed, See recommended list for three foot high hedge.
16: Vehicular Use Area: The total area of all the parking spaces and
drives serving the parking area.
(f) Perimeter Landscaping and Screening:
When a commercial or industrial use is established on a lot or
premises located adjacent to any residential zoning district, or
when any multiple -family dwelling use is established on a lot or
premises adjacent to any property located in a single-family
residential zoning district, a ten foot width of landscaping
open -space buffer strip shall be installed and maintained by the
owner, developer or operator of the commercial or industrial
property between it and the adjacent residentially zoned property.
2. In an open space buffer planting strip required under the terms of
N
this section, a minimum of one (1) Class A tree or two (2) Class B
trees shall be planted and maintained for each twenty-five (25)
lineal feet or portion thereof of said open space buffer strip. The
required trees may be planted anywhere within the buffer strip with
a minimum of ten (10) feet apart for Class A trees and a minimum
of five (5) feet apart for Class B trees. Refer to definitions on tree
size,
3. In addition, an eight -foot high opaque fence or wall shall be
erected and maintained along the property line to provide visual
screening. The fence or wall shall be masonry or a wood diagonal,
horizontal or vertical stockade type privacy fence, although the
framing may be metal.
4. In lieu of the fence, a thirty-foot (30) wide landscape planted buffer
for the purpose of screening, may be provided along the property
line.
5. For a thirty (30) foot wide landscape planted buffer, one (1) Class
A tree or two(2) Class B trees shall be planted and maintained for
each ten (10) lineal feet of buffer. The required trees may be
planted anywhere within the buffer strip with a minimum of twenty
(20) feet apart for Class A trees and a minimum of ten (10) feet
apart for Class B trees. Refer to definitions on tree size.
6. The provisions of this perimeter landscaping and screening shall
not apply where districts are separated by a public street.
7. When a Specific Use Permit is required, the landscape buffering
and fencing required by this section may be modified or eliminated
as a condition of a Specific Use Permit.
(g) Dumpster and Immobile Trash Containers
Any fixed or otherwise immobile trash container must be set back from
the property line no less then twenty-five (25) feet or be completely
screened from view from any street via landscaping and solid, opaque
fencing on a minimum of three (3) sides.
No such container shall be allowed on city right-of-way.
(h) Landscaping of Off -Street Parking
M
1. Island, Median and/or Peninsula Requirements:
a). Any parking lot or portions thereof which is to contain
twenty (20) or more parking spaces shall provide
permanently landscaped areas consisting of islands,
peninsulas, or medians within the parking area. The
required landscaped island, peninsula, or median shall be
provided as follows:
(1) Sites having less than 100 parking spaces: one (1)
landscaped island, peninsula, or median per twenty
(20) parking spaces is required.
(2) Sites having more than 100 parking spaces: one (1)
landscaped island, peninsula, or median per ten (10)
parking spaces is required.
(3) The landscaped island or peninsula located within
the parking spaces shall be no less than nine (9) feet
wide or if a landscaped median shall be no less than
six (6) feet wide.
(4) Each island or peninsula required herein shall at
minimum contain one (1) Class A tree or two (2)
Class B trees.
(5) Each median required herein shall at minimum
contain one (1) Class A tree or two (2) Class B trees
for each twenty-five (25) linear feet of median.
(6) All such landscaped areas shall be protected from
vehicular access to these areas by curbing or other
protective devices. No automobile or other type of
vehicle shall be driven on any required landscaped
space.
2. Perimeter Requirements:
a) A landscaping edge or buffer shall be required along each
side of a parking lot that faces towards a public
right-of-way.
b) The landscaping edge shall be no less than six (6) feet wide
and may use up to three (3) feet of the public right-of-way,
if unused and available at the time of permitting.
c) The landscaping edge shall be for the parking lot's entire
length,
d) The landscaping edge shall contain no less than one (1)
Class A tree or two (2) Class B trees for each twenty-five
(25) lineal feet or fraction thereof of the edge.
e) The required trees may be located anywhere within the six
(6) foot landscape edge with a minimum of ten (10) feet
apart for Class A trees and a minimum of five (5) feet apart
for Class B trees. Refer to definitions on tree size.
f) If overhead lines are present along the perimeter landscape
edge, Class B trees will be required.
g) A screen no less than three (3) feet height comprised of a
wall, solid fence, berm, or plant material or combination of
shall be provided along the entire length of the landscaping
edge or buffer, if any part of the landscaping edge is within
ten (10) feet of the right-of-way. The screen does not have
to be straight with the street or parking edge.
h) The three (3) foot high screen shall not bean the
right-of-way.
i) The three (3) foot high screen shall not be required across
driveways.
j) The three (3) foot high screen shall not be within three (3)
feet of a driveway or restrict a driver's line of sight of
approaching vehicles as determined by the City.
k) The required three (3) foot high screen, when planted, shall
be a minimum of two (2) feet in height. See list of
suggested shrubs.
1) A minimum width of three feet (Y) is required for the bed
containing the planted screen.
m) The required three (3) foot high screen, if planted shall be
maintained at no less than three (3) feet high.
3. An increase in the size of an existing parking lot by twenty-five
(25) percent in the number of parking spaces or more shall require
the entire parking lot, in addition to the twenty-five (25) percent
expansion, to be brought into compliance with this section.
(i) Landscaping Bonus Provisions:
1. In order to receive credit for preserved trees, the owner must
include as part of the Landscape Plan submittal, a Tree
Preservation Plan which must be approved by Development
Services.
a) The Tree Preservation Plan shall include the name,
location, size and condition of each tree to be preserved,
6
along with an indication of proposed development features
which may impact such trees, and any other pertinent
information as required to evaluate existing and proposed
conditions.
b) The Tree Preservation Plan shall include a detailed
description of all methods to be used to ensure the survival
of all trees scheduled for preservation credit, including
information that may be required to interpret the intent and
methodology proposed.
c) Any tree to be preserved for credit shall be protected from
excavation and all construction by fencing off the area
which constitutes the critical root zone as defined herein.
d) All building material, dirt, debris and equipment shall be
kept outside the fenced area,
e) All tree preservation methodology shall conform to the
standards of the Texas Department of Agriculture and
Forestry, the Texas Forest Service and the International
Society of Arboriculture.
I) If a preserved tree dies within five years, it is the
responsibility of the owner to replace that tree with the
number of Class A trees credited on a matching basis
within six months.
2. Credit maybe received for preservation of existing trees as
follows:
a). For each existing tree between two (2) to four (4) inches in
caliper, a tree credit of one (1) for one (1) is allowed.
b). For each existing tree between five (5) and twelve (12)
inches in caliper, a tree credit of two (2) for one (1) is,
allowed.
c). For each existing tree over twelve (12) inches in caliper, a
tree credit of three (3) for one (1) is allowed.
3. The required minimum front building setback for development in
GC -MD, GC-MD-2 and GC-MD-3 Districts and for multi -family
housing in RM-M and RM-H Districts shall be reduced to fifteen
(15) feet when a landscaped planting strip is provided across the
first ten (10) feet of the property adjacent to the street right-of-way.
a) A turf area is to be located between the paved or curbed
portion or sidewalk of the adjacent street right-of-way and
the front property line.
b) The landscape planting strip shall not be used for parking,
7
but can be crossed with driveways providing direct ingress
and egress to the development that have been approved by
the Development Services Manager or his designee.
C) This landscape planting strip shall by planted with one (1)
Class A or two (2) Class B trees for each twenty-five (25)
lineal feet or fraction thereof along the property line. The
required trees may be planted anywhere within the
landscape planting strip with a minimum of ten (10) feet
apart for Class A trees and a minimum of five (5) feet apart
for Class B trees.
d) Three (3) feet of Public R.O.W. may be used with written
permission from Development Services.
0) Installation and Maintenance:
All landscaping shall be installed in accordance with accepted
standards of the Texas Nurseryman's Manual.
2. All plant material shall be true to name, variety, and size and shall
confoirn to all applicable provisions of the American Standards for
Nursery Stock, latest edition,
3. The owner and/or tenant shall be responsible for installing and
maintaining all landscaping according to standard horticultural
practices. ,
4. All landscaping shall be maintained in a healthy, neat, and orderly
condition,
5. No trees may be located within ten (10) feet of a fire hydrant.
6. No trees may be topped if the limbs are three (3) inches in diameter
or greater.
7. Required three (3) foot hedges shall be maintained at a minimum
of three (3) feet in height,
8. Dead, dying or damaged landscaping material shall be immediately
replaced in conformance herein.
9. Irrigation systems must be in good and operating condition.
10. Failure to install required material or maintain landscaping within
60 days of notification shall be subject to legal action pursuant to
Section 1-8 of the Codes of Ordinances of the City of Beaumont.
11. Any request for modification to the terms of this ordinance must be
submitted in writing and be responded to in writing by the
Development Services Manager.
(k) Letter of Credit:
A letter of credit may be utilized when the landscaping improvements
required by Sec. 30-31 have not been completed prior to the issuance of a
certificate of occupancy.
9
P,,tTTACHMENT E
SYNO
EXISTING ORDINANCE
Perimeter Landscaping and Screening:
1. When a commercial or industrial use is built next to any residential zoning district or
when a multiple -family dwelling use is built next to a single-family residential zoning
district, a ten foot wide landscaping open -space buffer shall be installed.
2. In required open space buffer, not less than one tree shall be planted for each twenty-five
lineal feet of said open space buffer.
3. In a thirty foot wide landscape buffer, one tree shall be planted for each two hundred fifty
square feet of landscape buffer. Each tree shall be not less than six feet in height upon
planting and shall have a caliper of not less than two inches at ground level.
Off -Street Parking Landscaping:,
Total landscaped open space equal to not less than two hundred square feet for parking
lots less than or equal to four thousand square feet in area.
2. Total landscaped open space equal to not less than five percent landscaped open space for
parking lots greater than four thousand square feet and up to seventy-five vehicles, not
less than seven and one-half percent landscape open space for parking lots of seventy-six
vehicles to one hundred fifty vehicles and not less than ten percent landscape open space
for parking lots greater than one hundred fifty vehicles.
3. The parking area shall be based on the total area of all parking spaces and drives.
4. Landscape open space shall be no less than six feet wide and located within the parking
lot as an island or a peninsula.
5. One tree shall be planted and maintained for each two hundred fifty square feet of
landscape open space.
6. No parking space shall be located further than one hundred feet from the trunk of any tree
in landscape open space.
7. Tree credit - 2" - 4" caliper - I for 1
4" - 12" caliper - 2 for I
Greater than 12" caliper - 3 for I
Landscaping edge or buffer required along each side of a parking lot that faces public
right-of-way. Shall be six feet wide with one tree per twenty-five lineal feet. Shall have
a screen no less than three feet high comprised of a wall, solid fence, berm or plant
material.
9. Increase in the size of an existing parking lot by twenty-five percent or more in the
number of parking spaces shall require entire parking lot to be brought into compliance.
Landscaping -,Bonus Provisions:
Can reduce the required minimum front yard in GC -MD, GC-MD-2, GC-MD-3 and for
multi -family housing in RM-M and RM-H to fifteen feet when a landscaped open space
strip is provided on both the first ten feet of the required front yard and on the property
between street and front yard property line.
2. Density bonus in excess of maximum permitted density shall be permitted in RM-M and
RM-H when a ten foot landscape open space buffer strip is provided between multi-
family development and all single family property as follows:
In RM-M, additional one dwelling unit shall be permitted for each one hundred
lineal feet in excess of fifty lineal feet of qualifying landscaped buffer strip.
In RM-H, an additional two dwelling units shall be permitted for each one
hundred lineal feet in excess of fifty lineal feet of qualifying landscaped buffer
strip.
PROPOSED ORDINANCE
Landscape Plan Required:
1 All building permit applications for new building construction shall be accompanied by
an approved landscape plan to be approved prior to the issuance of the building permit.
2. The landscape plan shall contain the following:
a. Footprint of all existing and proposed structures.
b. Remaining and/or proposed site elements such as power poles, fences, walls, etc.
C. A schedule identiying name, size, number and location of all landscape elements.
d. Name, size and location of existing trees and type and location of other vegetation
proposed to remain for credit purposes.
e. Parking lot and proposed landscaping of the parking lot.
Irrigation Required:
All buildings greater than 3,000 sq. ft. shall require an automatic irrigation system. For all
buildings 3,000 sq. ft. or less, hose bibs may be used for irrigation purposes.
Certificate of Occupancy:
No certificate of occupancy for new construction shall be issued unless all landscaping
requirements have been met.
Perimeter Landscaping and Screening:
I When a commercial or industrial use is built adjacent to any residential district or when
any multiple family use is built adjacent to a single-family residential zoning district, a
ten (10) foot wide landscaping open -space buffer strip shall be installed.
2. In the landscaping open -space buffer strip a minimum of one Class A tree or a two Class
B trees shall be planted. Trees may be planted anywhere within the buffer strip.
3. For a thirty foot wide landscape planted buffer, one Class A tree or two Class B trees
shall be planted for each ten lineal feet of buffer. The trees may be planted anywhere
within the buffer strip with a minimum of twenty feet apart for Class A trees and a
minimum of ten feet apart for Class B trees.
Dumpster and Immobile Trash Containers:
Any fixed or immobile trash container must be set back from the property line no less than
twenty-five feet or be completely screened from view from any street by landscaping a solid,
opaque fencing on a minimum of three sides. No such container shall be allowed on street right-
of-way.
Landscaping of Off -Street Parkin:
Any parking lot which is to contain twenty or more parking spaces shall provide landscaping as
follows:
(Interior)
1 Sites having less than 100 spaces shall have one landscaped island, peninsula or median
per twenty spaces.
2. Sites having more than 100 spaces shall have one landscaped island, peninsula or median
per ten spaces.
3. Landscaped island or peninsula shall be no less than nine feet wide and landscaped
median shall be no less than six feet wide.
4. Each island or peninsula shall contain a minimum of one Class A tree or two Class B
trees.
5. Each median shall contain a minimum of one Class A tree or two Class B trees for each
twenty-five lineal feet of median.
(Perimeter)
I A landscaping edge or buffer shall be required along each side of a parking lot that faces
a public right-of-way.
2. The landscaping edge shall be no less than six feet wide and may use up to three feet of
the public right-of-way.
3. The landscaping edge shall be for the parking lot's entire length.
4. The landscaping edge shall contain no less than one Class A tree or two Class B trees for
each twenty-five lineal feet/
5. The required trees may be located anywhere within the six foot landscape strip.
6. If overhead lines are present along the perimeter landscape edge, Class B trees will be
required.
7. A screen no less than three feet height shall be provided along the entire length of the
landscaping edge or buffer if any part is within ten feet of the right-of-way. The screen
does not have to be straight with the street or parking edge.
8. The required three foot high screen, when planted, shall be a minimum of two feet in
height.
9. A minimum width of three feet is required for the bed containing the planted screen.
Increase in the size of an existing parking lot by twenty-five percent in the number of parking
spaces or more shall require the entire parking lot to come into compliance.
Landscaping Bonus Provisions:
I In order to receive credit for preserved trees, the owner must include as part of the
Landscape Plan submittal, a Tree Preservation Plan which is approved by Development
Services.
2. Credit may be received for preservation of existing trees as follows:
Existing tree 2" to 4" in caliper - I for 1
Existing tree 5" to 12" in caliper - 2 for I
Existing tree over 12" in caliper - 3 for 1
3. Can reduce the required minimum front yard in GC -MD, GC-MD-2, GC-MD-3 and for
multi -family housing in RM-M and RM-H to fifteen feet when a landscaped planting
strip is provided across the first ten feet of the property adjacent to the street right-of-way.
Installation and Main-tenanew.
1. All landscaping shall be installed in accordance with accepted standards of the Texas
Nurseryman's Manual.
2. All plant material shall conform to all applicable provisions of the American Standards
for Nursery Stock.
3. The owner and/or tenant shall be responsible for installing and maintaining all
landscaping according to standard horticultural practices.
4. No trees may be located within ten feet of a fire hydrant.
5. No trees may be topped if the limbs are three inches in diameter or greater.
6. Required three foot high hedges shall be maintained at a minimum of three feet in height.
T Dead, dying or damaged landscaping shall be replaced to conform.
Irrigation systems shall be maintained in good operating condition.
9. Failure to install required material and maintain landscaping within 60 days of
notification shall be subject to legal action by City.
10. Any request for a modification to the terms of this ordinance must be submitted in writing
and be responded to in writing by the Development Sei vices Manager.
Letter of Credit:
A letter of credit may be utilized when the landscaping improvements have not been completed
prior to the issuance of a certificate of occupancy.
EXAMPLES OF
PARIONG NEEDS AND COSTS*
EXISTING ORDINANCE
"Mom and Pop"
Building size = 2,000 sq, ft.
Parking spaces = 10
Landscape space = 378 sq. ft,
Landscaping needed = 3 trees + shrubs
"Middle Size"
Building size = 10,000 sq. ft.
Parking Spaces = 50
Landscape space = 1,656 sq. ft.
Landscaping needed = 9 trees + shrubs
"Large Size"
Building size = 100,000 sq. ft.
Parking Spaces = 500
Landscape space = 20,743 sq.ft.
Landscaping needed = 102 trees + shrubs
Trees cost approximately $150 each - installed
Shrubs cost approximately $30 each - installed
Irrigation system = approximately $.95/linear foot
PROPOSED ORDINANCE
Building size = 2,000 sqft
Parking spaces = 10
Landscape space = 378 sq. ft,
Landscaping needed = 3 trees + shrubs
Building size = 10,000 sq. ft.
Parking spaces = 50
Landscape space = 1,650sq. ft.
Landscaping needed = 9 trees + shrubs
Building size = 100,000 sq. ft.
Parking spaces = 500
Landscape space = 23,400 sq, ft.
Landscaping needed = 98 trees + shrubs
*These estimates are "rough" and are for comparison purposes only.
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TABLE OF CONTENTS
Preamble and Background ............................................................................................... Pages 1- 3
UrbanHeat Islands ............................................................................................................. Pages 4-5
Annual High Temperature in Los Angeles by Year - Chart
Sketch of an Urban Heat -Island Profile - Chart
Meteorology and Air -Quality Simulations - Chart
Goaland Objectives ......................................................................................................... Pages 5-12
Increased Vegetation
Actions
City of Houston Ordinances,
Chapter 10 Building and Neighborhood Protection
Chapter 26 Off Street Parking and Loading
Chapter 28 Miscellaneous Offenses and Provisions Protection of Street Trees
Chapter 33 Planting and Development -Tree and Shrub Ordinance
Chapter 42 Subdivisions, Development and Platting
Policies
Enforcement
Incentives
Increased Surface Reflectivities
Street, Road, and Parking Lot Surfaces
Recommendation
Building Roofs
Recommendation
THE BUILDING ENVIRONMENT, CITY-WIDE COMMITTEE
HEAT ISLAND REDUCTION GROUP RECOMMENDATIONS
The formation of ozone is a complicated process that involves volatile organic compounds,
nitrogen oxides, sunlight, and temperature. The average temperature in Houston has increased
over the years as development has replaced open pasture and forested land with homes, shopping
centers, and streets. This has led to the formation of an urban heat island in which the ambient
temperature is several degrees higher than the surrounding area. The goal of this document is to
recommend actions that the City of Houston can take to reduce this effect, which will result in
lower ozone levels throughout the region.
Studies have shown that vegetation can have two positive influences on reducing ozone. First,
ambient temperatures can be lowered by shade and evaporative cooling from trees, shrubs, and
grass. This cooling of the urban heat island lowers ozone formation by directly reducing the
amount of volatile organic compounds ("VOCs") that evaporate and by lowering the chemical
reaction rate that causes the formation of ozone. Another phenomenon is the actual absorption of
ozone, nitrogen oxides ("NOx"), and particulate matter by trees and shrubs.
City policies and ordinances that encourage and mandate major increases in tree canopy are a
cost effective and aesthetically pleasing method that can help the Greater Houston area clean the
air. The Heat Island Reduction Committee hereby recommends a series of new policies and
changes to several existing planning ordinances that relate to trees, shrubs, and other related
plantings that will accomplish this objective.
The City of Houston formed the Clean Air Partnership with the Greater Houston Partnership, the
Business Coalition for Clean Air, Harris County, the League of Women Voters, the Medical
Community, the Houston -Galveston Area Council and local environmental leaders. Clean air is
made the number one priority of the Clean Air Partnership and a commitment is made to meet
the ozone standards and fine particulate standards. 17" April 2000
The City of Houston entered into a Memorandum of Agreement with the U.S. Environmental
Protection Agency to explore the energy and air quality benefits of heat island reduction with the
goal of achieving significant implementation of heat island reduction measures and quantifying
projected ozone reductions such that they may be included in the State Implementation Plan
("SIP"). January 1999
The regional Air Quality Planning Committee of the Houston -Galveston Area Council with
direct participation from the Pollution Control Division, Harris County, the Greater Houston
Partnership, the Bureau of Air Policy, City of Houston, Air Quality Committee, League of
Women Voters, City of Baytown and Galveston -Houston Association for Smog Prevention
issued the Air Quality Reference Guide for the Houston -Galveston area in July of 1999. Page 26
of this guide concludes:
While biogenic sources do emit VOCs into the atmosphere which may
contribute to ozone formation, they also remove significant amounts of CO,
S02, NOX, 03 and PM from the air, and cool the air through shade and
transpiration, thus reducing VOC emissions from other sources. There is some
debate about the relative reactivity of biogenic emissions, that is, their
tendency to form ozone. Further investigation is needed to adequately
understand their role. Although biogenic VOC emissions are important in the
modeling of ozone formation, reduction of such emissions is not considered to
be practical or desirable. Biogenic sources generally emit negligible amounts
of NOX July 1999
The Houston Environmental Foresight Achieving Clean Air began reviewing air quality issues in
1998. In their recommended goals (draft 5110100) they include reducing the "urban heat island
effect" by providing for "massive and permanent tree planting effort(s)" in the neighborhood of
10 million new trees, "half of them by 2007". An additional specific goal is to "protect and
increase urban vegetation, especially trees". This is to be implemented by adopting stricter laws
that eliminate damage and cutting of useful trees, and increasing the extent and amount of useful
vegetation in the region through conservation, open space, and parks programs. May 2000
In conjunction with the Planning Department's participation in the City's Clean Air Task Force's
efforts to develop inputs to the SIP resulting in reduction in NOx emissions by 75%, the
Planning Department requested citizen participation on the Building Environment City -Wide
Committee. May 2000
The City -Wide Committee convened June 8, 2000, and formed three subcommittees, including
the Urban Landscape/Environment Subcommittee, subsequently named the Urban Heat Island
Reduction Group. The charter of this subcommittee is to produce suggestions to modify land use
regulatory codes to mitigate heat island effects. June 2000
The committee has determined that landscape initiatives, including trees and planted permeable
surfaces, have been proven to be an effective and economical means for reducing urban
temperatures. In addition, trees have been demonstrated to be effective and efficient direct
absorbers of ozone and airborne particulates. Moreover, these landscape initiatives have the
potential of countering the severely negative national image of a Hot Houston with Bad Air and
transforming the City's image into Cool Green Houston with Clean Air.
Page 2
Specifically, the U.S. Department of Forestry calculated in a study published in 1994, concerning
"Air Pollution Removal by Chicago's Urban Forest" that a single tree with a caliper of nine
inches removes two pounds of sulfur dioxide, 1.1 pounds of ozone, 200 pounds Of CO2 and two
pounds each of particulates and nitrogen dioxide annually. It is well documented that urban
temperatures exceed rural temperatures. Houston's summer urban temperatures exceed the
surrounding rural temperatures by approximately 8 degrees. Trees reduce urban temperatures
through shade and transpiration. It is estimated that for each degree fahrenheit reduction in
urban temperatures, peak load electricity demand decreases 1.5 — 2 %. Studies conducted in Los
Angeles with the Urban Airshed Model showed that planting a moderate number of trees reduced
the smog by 3%. These studies indicated the possibility of reducing ozone by 5 to 15 parts per
billion for each one degree C drop in temperature.
It is generally acknowledged that trees emit VOCs; however, it is equally accepted that in the
formation of ozone, NOx is the limiting reactant, and that the cooling and pollution absorbing
effect of trees far exceeds any negative aspects.
Various cities have included intensive landscape efforts as either effective parts of the SIP
submitted to reach compliance with EPA standards or part of overall regional efforts to clean the
air. These landscape -based approaches have been received with enthusiasm by the EPA. These
cities include Los Angeles, Atlanta, New York, Salt Lake City, Sacramento, and Chicago.
In their final 1999 Amendment to the 1997 Ozone SIP Revision for the South Coast Air Basin,
Los Angeles included on page B-54 through B-60 control measures to encourage activities that
would lower ambient temperatures. These activities include using lighter, more reflective
surface materials, and increased tree planting. The recommendation concludes that street trees
need to be planted in public as well as private places such as parking lots, plazas, street medians,
sidewalks, residential yards, corporate lawns, parks and shopping plazas. Implementation of
these measures could be based on local government ordinances, legislative strategies for
incentives, public outreach, and emission credit mechanisms. We believe that the cost
effectiveness and the political feasibility of such measures would be high.
On June 1, 2000, the EPA issued a "Stationary Source Voluntary Measures Draft Policy" which
specifically recognized the planting of shade trees in conjunction with heat island programs as
examples of stationary source voluntary measures. This policy recognizes that many designated
non -attainment areas find it increasingly difficult to attain National Ambient Air Quality
Standards, and that one way to find additional innovative emission reductions is through
voluntary measures (such as tree planting) that are an alternative to the traditional command and
control approaches.
Page 3
URBAN HEAT ISLANDS
Over the past decades as cities have grown, temperatures have increased in metropolitan areas as
open, vegetated space has been replaced by houses, buildings, roads, and parking lots. ' This
urban heat island phenomenon was recognized by researchers in the 1960s, and is dramatically
shown by the increases of the annual high temperature in Los Angeles as the city was
transformed from an urban agricultural city in the 1930s to the industrialized area today.
Annual High Temperature in Los Angeles by Year
In urban heat islands, the temperatures towards the center of a city are up to 8'F higher than the
ambient temperatures in the surrounding countryside.
-9
Sketch of an Urban Heat -Island Profile
.F or.
Rural Commercial Urban Suburban
Residential Residential
Suburban Downtown Park Rural
Residential Farmland
In addition to the primary effect of requiring more energy for air conditioning, researchers have
linked the rise in temperature caused by the urban heat island to increases in ozone pollution.
For every degree Fahrenheit rise in temperature, the incidence of smog increases by 3 percent. A
study conducted by the Heat Island Group at the Lawrence Berkeley National Laboratory for the
City of Los Angeles showed that ambient temperatures could be lowered in areas by 9°F by
increasing the surface albedo or reflectivity. These lowered temperatures would result in
lowering the concentration of ozone as much as 40 parts per billion. The U.S. EPA has awarded
a grant to this group to study the urban heat island effect in Houston and its impact on the level
of ozone. This study should be completed later in the Fall of 2000.
FWTOR-MAM
,-Q
Ozone M30
Concentration
Decrease (PPB)
10
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GOAL AND OBJECTIVES
Ir Ir r Ir Ir �Ir Ir
Cam1.
The goal of the City of Houston's Urban Heat Island Reduction Group is to help the
Houston/Galveston area reach attainment of the ozone air quality standard through reducing the
urban heat island effect in Houston. This will be primarily accomplished by increasing the
overall albedo of the city. By increasing the area's overall albedo, energy in the form of sunlight
is reflected back into outer space rather than being absorbed by surfaces such as roofs, roads, and
parking lots where they, in turn, heat the ambient air and raise its temperature. The two principle
methods for accomplishing this are:
• Increased vegetation
• Increased surface reflectivities
Page 5
INCREASED VEGETATION
Increased vegetation cools the environment by increasing reflectivity and evaporation of
moisture from the leaves of trees, shrubs, and even grass. Another phenomenon associated with
vegetation is called dry deposition of ozone, which directly absorbs ozone from the air. The
Heat Island Reduction Group recognizes the importance of increasing the vegetation in the
Houston/Galveston area, and a major part of the group's effort has been focused on
strengthening the City of Houston's ordinances that deal with vegetation.
Based on the above conclusions, the committee believes the city should adopt a suite of
objectives aimed at achieving a significant increase in trees and green permeable surfaces. The
subcommittee developed four primary objectives:
I. The protection of existing trees and other landscape plantings;
2. An increase in the number of trees and other landscape plantings and area of groundcover
surface on city rights -of -way, parks, and administrative and maintenance facilities, on
residential and commercial property, and in County and State controlled land, especially
where such planting would replace paving and/or shade existing roofs;
3. A conversion from dark to light and heat -reflective surfaces on roofs; and
4. The encouragement of other area municipalities, counties, school districts, and agencies
to adopt programs that increase the number of trees and other landscape plantings and
areas of ground cover.
In order to accomplish these objectives, the subcommittee recommends a series of action steps.
Many of these action steps deal with modifications to the existing City regulatory framework.
Houston is extremely fortunate to have in place a regulatory framework which addresses tree
preservation, and public and private landscape requirements. This framework, which is
constructed as various elements of five ordinances, can provide the vehicle for significantly
increasing Houston's tree canopy cover. The relevant ordinances are:
Chapters: 10 Building and Neighborhood Protection
26 Off Street Parking and Loading
28 Miscellaneous Offenses and Provisions -Protection of Street Trees
33 Planting and Development -Trees, Shrubs, and Screening Fences
("Tree and Shrub Ordinance")
42 Subdivisions, Developments and Platting
The following are recommendations to accomplish our objectives. Many of these action steps
deal with modifications to existing city regulatory codes. The recommendations are grouped into
the relevant ordinances along with some policy and enforcement issues.
Page 6
Chapter 33 Planting and Development -Tree and Shrub Ordinance
• Increase the density of trees by establishing specific tree spacing standards.
• Specify required tree canopy percentage cover at initial planting with a stated goal of
coverage after subsequent five and ten year intervals.
• Require applicants for any permit that affects the site (vs. structure) to include the location,
caliper size and canopy area of all existing trees in any right-of-way adjacent to the property
for which a building permit is sought.
• Require permit applicants to include the location, caliper size and canopy area of all existing
trees greater than 4 inches in caliper on any lot, property, or tract for which a building permit
(other than for interior construction) is sought.
• Modify this ordinance such that residential properties are included as a category that requires
mandatory planting of trees.
• Remove the buyout option and future credit provisions in those cases where a cash
contribution may substitute entirely for tree planting.
• Revise and expand the list of acceptable and protected trees based on benefit in terms of
shade, pollution absorption, and noise reduction.
• Avoid "grandfathering" in existing parking lots and require the planting of trees and shrubs
in and around existing parking lots, providing for a goal of mature tree canopy cover of 40%
within the parking lot boundary.
• Require the planting of street trees and esplanade trees on both sides of all streets and down
the center of all esplanades in all newly permitted development locations.
• Make compliance with this ordinance a requirement for obtaining all building permits. (This
would apply to commercial renovation projects which do not change the "footprint" of the
existing building, as well to other situations.)
• Require that the design and implementation of a landscape plan -that is required for a permit
be certified by a licensed landscape architect as having complied with all applicable
ordinances.
• Require that a landscape plan which requests credit for tree preservation be prepared by a
certified arborist or registered landscape architect and that the preservation techniques be
certified as in compliance.
• Encourage planting of trees at regular spacing throughout a parking lot and the preservation
of existing groves of trees.
Page 7
• Provide the reviewing city agencies more flexibility in determining compliance with related
ordinances in order that compliance might be expedited and less onerous in its enforcement
(refer to the City of Austin Forestry Department).
• Rewrite the definition of green corridors, shortening the minimum distance required for
establishment of a green corridor and requiring a smaller percentage of property owners'
agreement.
• Make trees and shrubs a mandatory requirement of buffer zones.
• Increase the amount of green space required in construction of apartment buildings and
establish a minimum percentage of planted area per unit.
Chapter 42 Subdivisions, Development and Platting
• Add "green" to the requirement for permeable space (permeable green space), increase the
amount required, and expand it to include all new building sites,
• Require living plant material in permeable green space.
• Prohibit later conversion of permeable area to hard surface with compensation elsewhere on
the same lot.
Chapter 28 Miscellaneous Offenses and Provisions Protection of Street Trees
• Expand City Forester's authority and budget to best implement the provisions of the new
ordinances and policies. Fund with fees on permit applications and fines including fines
stemming from upgraded protection for street trees.
Chapter 10 Building and Neighborhood Protection
• Create "no mow" zones to reduce heat, reduce the need for mowers, and improve water
quality. Encourage the use of naturalistic detention and retention ponds with minimal paved
surfaces.
POLICIES
• To the extent possible, provide for the planting of trees in existing esplanade spaces.
• Require esplanades on new streets where the right-of-way allows (PW&E Design Manual).
• Create landscaped esplanades on existing streets at four or more lanes (PW&E Design
Manual).
• Include planting street trees along the rights -of -way and esplanades in all contracts for
paving, widening, etc., of new and existing streets.
Page 8
• Require the placement of sidewalks to allow a tree planting strip between the curb and
sidewalk; not adjacent to the curb (PW&E Design Manual —dictates sidewalk locations).
• Expand reporting of violations to other departments, including PWS and Solid Waste.
• Enlist broad -based support of citizens, city employees, etc., with a "we're all in this fight
together" attack.
• Enlist television and press coverage for violators as well as outstanding compliance.
• Establish and support an "Orchids and Onions" program to publicly reward the "good guys"
and publicize non -compliant projects and developers (refer to San Diego and Denver for
successful programs).
• Expand the required amount of apartment green space.
• Educate all city departments and their staff regarding current efforts to reduce the heat island
effect and request suggestions on how they might contribute.
• Coordinate the Heat Island Reduction efforts with the established Cool Green Project.
• Give "deputy status" to certain existing nonprofit organizations to assist with the
enforcement and/or monitoring of planting and other related ordinances.
• Require Metro to integrate tree planting with all improvements
• Increase the amount of bicycle trails in the city and county, including the flood control zones,
and include shade tree planting with the initial construction.
• Remove or relax exceptions to current platting procedures that inhibit tree planting.
• Significantly increase the support and staff for the City Forester and facilitate communication
between the Forester, Parks Department, and Planning Department.
• Transfer the responsibility of reviewing initial and ongoing compliance with the existing
Tree and Shrub Ordinance (Article V, Chapter 33) from the Planning Department and Parks
Department to the City Forester.
• Develop and furnish upon request, a list of licensed Landscape Architects and Certified
Arborists to developers who inquire about landscape ordinances.
• Provide incentives to property owners to plant trees in existing— parking lots at a maximum
spacing with approved arboricultural practices.
• Remove disincentives to planting trees in new parking lots by including planted islands in the
parking space count as spaces.
• Identify, fund, and document the performance of a pilot project in the city in which an
existing parking lot is planted with trees, such as the Astrodome.
Page 9
• Encourage adjacent property owners to share parking spaces with flexible use arrangements,
and allow such arrangements as credit toward meeting existing minimum parking spaces.
• Modify the existing Tree and Shrub Ordinance (Article V, Chapter 33) to expand the
definition of Green Corridors so that residential areas are eligible.
• Direct all appropriate city departments to coordinate with utility companies who offer
underground installation and accelerate existing programs to place lines underground.
• Provide incentives for property owners to preserve trees in their property, exclusive of the
building setback.
• Relax restrictions on planting in street esplanades so that trees can be planted closer to the
ends of medians and to each other without arbitrary spacing requirements.
• Develop and disseminate a public awareness program for property owners, developers,
contractors, and designers on the value of planting more trees.
• Encourage the replacement of unnecessary paving with groundcover or planting beds for
trees in existing development.
• Require the replacement of diseased, dying, and dead street trees with viable specimens of
approved species within five years, with incentives for early compliance.
• Require that plans submitted for review for compliance with existing tree and open space
ordinances be prepared and stamped by a licensed Landscape Architect or signed by a
Certified Arborist.
• Establish a procedure for ensuring that protected trees in sites to be developed are located
and adequately preserved before the plat is submitted to the city.
• Direct all city departments to ensure that the development of city -owned property will
comply with tree ordinances.
• Adopt strict policies which require the City of Houston to adhere to its own tree ordinances,
and provide punitive clauses for non-compliance.
• Investigate federal and state funding sources for use in implementation and enforcement of
tree ordinances, including those relating to air quality, water quality, and economic
development.
• Require replacement of dead trees in the right-of-way regardless of date of planting.
• Encourage the construction of reflective roof surfaces (white) in new construction.
• Encourage the retrofitting of existing dark roofs to reflective roof surfaces.
• Mandate soil structures conducive to tree growth and that minimize root induced damage to
sidewalks and streets in all street and sidewalk paving and repair projects.
• Encourage the shading of existing and new parking lots with structural shading devices, such
as canopies, and give partial credit against shade trees for parking lots with permanent shade
structures (refer to Conoco complex on North Dairy Ashford Road).
Page 10
ENFORCEMENT
Adopt stringent policy requiring city's strict adherence to tree ordinances, and punish
violators with specific disciplinary action.
0 Enforce maintenance. Require the replacement of dead trees that were required for
compliance with an ordinance.
INCENTIVES
0 Streamline city pen -nit approval process. Expedite with special privileges if landscape
benefits are realized or proposed.
0 Establish programs such as Cool Houston Awards (refer to Orchids and Onions).
Top Shade Producer Top Ozone Absorber
Best Sun -to -Shade Parking Lot Best Effort at Tree Preservation
INCREASED SURFACE REFLECTIVITIES
Also important for reducing the heat island effect are programs to increase the area's albedo by
using more reflective materials for paving and roofs. Studies show that for both of these, light
colored materials reflect significantly more solar heat, thereby lowering the surfaces temperature,
which in turn, lowers the ambient air temperature.
STREET, ROAD, AND PARKING LOT SURFACES
Two methods can be used to increase the albedo of pavement: using cement or using a light chip
seal on the top of asphalt. A chip seal is a thin layer of asphalt covered with light colored
aggregate that makes up the top surface. While the albedo, of weathered asphalt averages 0.12,
the albedo of a chip seal and cement pavements is in the range of 0.25.
Most streets in Houston and Harris County are cement which has a naturally higher albedo.
However, many times cement surfaces are overlaid with an asphalt wear coat for repair purposes.
Also, most parking lots are constructed of asphalt.
A collateral benefit of using a chip seal to increase the albedo of asphalt and lower its surface
temperature is reduced deterioration. The cooler surface temperature increases the strength of
the asphalt resulting in longer lasting streets, roads, and parking lots.
RECOMMENDATION: Require developers, shopping centers, etc., to use either cement or
place a light colored aggregate chip seal on top of asphalt paving. Also, the City of Houston
should adopt a policy to require a light colored aggregate chip seal on roads it builds or
resurfaces with asphalt.
Page 11
BUILDING ROOFS
Reflective materials can be incorporated into roofs to increase their albedo. Light colored roofs
will reflect much more of the sunlight than dark colored roofs resulting in lower roof
temperatures that will reduce heating the air above the roof. Below is a graph of roof
temperature as a function of albedo that shows how much cooler a roof becomes as lighter
colored materials are used.
Roof Temperature Rise Versus Roof Albedo
A problem in the Houston area is that the climate promotes dark stains from water and mildew.
Attempts in the past to prevent this have had only marginal success; however, it is anticipated
that newer materials will be better at preventing the darkening of roofing materials.
The primary collateral benefit of roofs with higher reflectivity is reduced air conditioning cost.
The energy also saved will result in lower NOx emissions from power generating sources. Also,
as with roads, cooler roofs will last longer.
There are many roofing materials currently commercially available that have increased albedo.
These include asphalt shingles, coatings, membranes, metal, and tile roofs.
RECOMMENDATION: Modify the building code to require roofing material with a high
albedo to be used. This would apply to all buildings including houses. Existing commercial
buildings would be required to be reroofed or have a top coat added by April 1, 2005. Existing
houses would be required to use high albedo roofing materials when they have new roofs
installed.
Page 12
MARK A. FERTITTA
REALTY & PROPERTY MANAGEMENT
P 0 BOX 12400
BEAUMONT, TEXAS 77726-2400
TEL 409-839-4428 FAX 409- 832-4344
PAGER 409-868-7504
November 1, 2000
Dale A l4allmark
Planning and Zoning Commission
City of Beaumont
3685 Stagg Dr.
Beaumont, Texas 77701
RE: Proposed Landscape Ordinance.
I am writing you in regards to the new proposed Landscape Ordinance for the City of Beaumont
In my limited review of this proposal I feet the impact to existing building sites and their owners could be
devastating, Older commercial properties in Beaumont have numerous obstacles to overcome when t1ley
are to be remodeled for new tenants. The expense of such an undertaking is always a concern but in the
more recent remodeling of the Liberty Market CW at the Mildred Building we found the logistics of
meeting all the city codes and ordinances almost dictated whether the project could be done. These types
of obstacles can greatly reduce the revitalization of depressed and historical commercial areas in
Beaumont.
Specific items of concern are.,
1) The limited availability of parking at some older sites would be fttrther reduced by the addition of a
larger landscaped area.
2) The cost and logistics in irrigating larger landscaped areas where existing structures and
improvements limit the application requked by the new codes. -
3) Access to some existing properties have been diminished already due to the expansions of roads by
the city and in the proem of meeting these new ordinances could be a greater negative effect on the
site.
4) The type of landscaping proposed calling for berms and hedges limit the visibility of drivers and
could be a hazard to pedestrians and -vehicular traffic,
I agree that we need to increase the quality mid quantity of the landscape architecture in
Beauniont, I would greatly appreciate the opportunity to help in the development of such codes and
ordinances so please contact me with enough time of your next meeting and I will make plans to attend. I
am very concerned with the future development of Beaumont and would like to do whatever I can to make
our hometown the focal point of Southeast Texas.
Thank you for all the work you have already done to improve Beaumont and I look forward to
hearing from you,
Sincerely yours,
Mark A. Fertitta
Mark A. Fertitta Realty
BEAVMQNT, TEXAS
City of Beaumont
November 14, 2000
Mr. Mark A. Fertitta
P.O. Box 12400
Beaumont, Texas 77726-2400
RE: Proposed Landscape Ordinance
Dear Mr. Fertitta:
I appreciate receiving your letter of November 1, 2000, expressing concerns with the proposed
landscape ordinance.
While the City recognizes the positive impact that a quality of life issue such as landscaping has
on economic development, there is also sensitivity to the impact that these regulations will have
on the individual property owner.
The original draft of the proposed ordinance has been revised through input from all advisory
committee comprised of representatives from the development, real estate and landscape
communities. Your specific concerns have been addressed as follows:
1. As under the existing ordinance, the proposed landscape ordinance does not require
additional landscaping for an existing building unless additional building square footage
is added. Then the required additional parking shall be landscaped. In addition, no
change has been made to the requirement that now requires that if the additional parking
needs increase twenty-five (25) percent or more, then the entire parking lot shall collie
into compliance with the landscape ordinance.
2. Existing structures would not be required to be irrigated unless they meet the conditions
as explained in No. 1. In addition, only buildings that meet No. I and are greater than
3,000 sq. ft. would require an automatic irrigation system, Buildings 3,000 sq. ft. or less
would allow hose bibs for irrigation purposes.
As provided in No. 1, additional landscaping would not be required for existing buildings
unless they are enlarged.
Planning Division e (409) 880.3764 * Fax (409) 880-3133
P.O. Box 3827 ® Beaumont, Texas 77704-3827
4. The proposed ordinance is no different than existing ordinance in allowing berms and
hedges for screening purposes. In reviewing the landscape plan, staff will carefully
assess what is proposed to assure the proper sight distances for traffic.
Again, thank you for your interest in improving development standards in the City of Beaumont.
After several meetings with the advisory committee, the consensus is that the proposed changes
will enhance the City while at the same time protect the property owners' interests as well.
The proposed changes will be considered by the Planning Commission and City Council at a
Joint Public Hearing on Monday, November 20, 2000 at 3:45 p,m, in the City Council Chambers,
You are encouraged to attend and share your thoughts on the revised landscape ordinance.
Sincerely,
Stephen J. Bonczek
City Manager
SJB/scr
cc: Mayor/Council
Economic Development Director
Planning Manager