HomeMy WebLinkAboutOrd 862-2020 Amend Code Ch 4 Building Regulations and Ch 9 Planning and Development RegulationsCITY OF ANNA, TEXAS
ORDINANCE NO. ��a �- �d��
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S CODE OF
ORDINANCES BY AMENDING CHAPTER 4 (BUILDING REGULATIONS) AND CHAPTER 9
(PLANNING AND DEVELOPMENT REGULATIONS); PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the subdivision of land, zoning, landscape regulations, and tree
preservation in the City; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna ("City Council") have given the requisite notices and have held the public hearings as
required by law and afforded a full and fair hearing to all persons interested in and situated in the
affected area and in the vicinity thereof, the City Council has concluded that the Article 4.07
Address Numbers, Article 9.02 Subdivision Regulations, Article 9.04 Zoning Ordinance, Article
9.06 Landscape Regulations, and Article 9.07 Tree Preservation of the City should be amended
as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Amendment
In accordance with Article 1.01 of the Anna City Code of Ordinances ("Anna Code"), the
amendments made to Chapter 4 (Building Regulations) and Chapter 9 (Planning and
Development Regulations) are hereby amended as follows.'
' Additionally, throughout Chapter 9 (Planning and Development Regulations), this Ordinance shall permit Franklin Publishing to
update references as necessary, such as:
Sec. 9.04.028
(d) Parking regulations. Required off-street parking shall be provided in accordance with the specific uses set forth
in section °.^^.��� 9.04.037.
Sec. 9.06.007
(c) Variances. If unique circumstances exist which prevent strict adherence with the requirements of ���hm���,^^+'^�
96(g-}�'�eve subsections (a) and (b) of this section, the city council may
consider a granting a variance during the site plan approval process to reduce the minimum 20 -foot landscape
buffer to a minimum of 10 feet, provided that site design considerations have been incorporated to mitigate the
impact of the variance....
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ARTICLE 4.07 ADDRESS NUMBERS
Sec. 4.07.001 Bung numbering system
[•]
(d) The c+ts� director of development services or designee will
supervise the assignment of all building numbers. All --Such numbering
will he under his their su pen,isien and ,kill be recognized as the official
number of the building.
ARTICLE 9.02 SUBDIVISION REGULATIONS
Sec. 9.02.043 Procedures and submission requirements for preliminary plat
approval
(e) Information required upon or with preliminary plat. The director of
development services may establish—not inconsistent with this
article—forms and mandatory standards with regard to the content,
format, and graphics for preliminary plats. The proposed preliminary
plat shall show information as specified on a an app4+sati form or
packet provided by the planning department (see requirements set forth
in appendix 4 at the en��}his aFtinlo innnrnr�r ted in full as if set forth
'TT -'`^NTS cra-crr� crrr��a-rcrvrc�-rrcvr-p�vr-crc.., cL rv,-mr
heroin for all purposes)
Sec. 9.02.044 Procedures and submission requirements for final plat approval
(c) Information required upon or with final plat. The director of development
services may establish—not inconsistent with this article—forms and
standards with regard to the content, format, and graphics for final plats.
The proposed final plat shall show information as specified on a an
application form set forth
packet provided by the planning department (see
requirements set— in appendix B out the end this artiGl�.i
innernnroted in full as if se+ forth herein for all purposes),
(f) Timing of public improvements.
(4) When all of the public improvements have been constructed and
a request is made for acceptance of same by the city, the
planning director shall confirm that the public improvements
have been completed in accordance with the approved plans
and specifications and with all applicable city standards and
regulations, and shall confirm receipt by the city of the required
maintenance bond. In determining compliance, the planning
director shall obtain from the applicant: one sealed set of "as -
built" or "record drawing" m 'ay�u,-iia-and a digital copy of all
plans (in a format as determined by the city engineer); a signed
letter bearing sealed certification by the design engineer
confirming the contractors' compliance with these subdivision
regulations, and with all city construction standards set forth in
the design standards and other applicable city design
documents; and certification signed by the property owner
before a notary that all dedications required for the public
improvements have been fully conveyed. After said materials are
received, and the planning director confirms compliance as set
forth above, the planning director shall inform the city manager
of same and the city manager shall receive and accept for the
city the title, use, and maintenance of the public improvements,
and shall provide written notice to the applicant that its request
for approval to record the final plat has been granted. No such
approval shall be granted until compliance has been verified as
set forth in this subsection.
(g) Effect of approval and acceptance of improvements. As soon as is
practical after the final plat has been approved by the city for
recordation by the accordance with subsection (f)(4) of this
section, or, alternatively, approved for recordation because the
subdivider has provided sufficient security in accordance with division
6 of this article, the director of development services or designee
planning dir-eetershall direct the applicant to file the final plat to be
recorded with the Collin County clerk. No conveyance or sale of any
portion or lot of the property may occur until after the final plat is
approved by the planning and zoning commission and city council and
duly recorded by the applicant. It is the applicant's responsibility to
confirm that the final plat has been duly recorded, and an applicant's
failure to confirm same is at the applicant's sole risk.
(h) Revisions to approved final plat prior to filing at the county.
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(1)
(B) Subsequent to final plat approval by the planning and
zoning commission and city council, the applicant shall
return signed and notarized mylar sepia copies of the final
plat, as approved, along with any other required
documents and fees necessary for filing the plat with the
county clerk, to the planning department within 45
calendar days following approval, in accordance with
requirements established by the city; or if construction of
any public improvement is required prior to the filing of a
final plat, the owner or developer shall return signed and
notarized malar sepia copies of the final plat, as approved,
along with any other required documents and fees
necessary for filye'r' the plat with the Ge Rty nlerh (including
current documents required to show proof of ownership
as outlined in section 9.02.041(f)) to the planning
department before said public improvements will be
accepted by the city and before said final plat will
recorded with the county clerk.
Sec. 9.02.084 Easements
(e) Visibility easements.
(2) Fixed items. The maximum height of fences, walls, signs, and
other similar fixed items shall be 30 inches �2-1/2 feet) within the
visibility easement.
(3) Landscaping. All landscaping (and any other fixed feature) within
the triangular visibility area shall be designed to provide
unobstructed cross -visibility at a level between 30 inches 2-142
feet and ten 10' eigbt-feet. ° limit ber ofle trunked
trees may be permittedi-,n-this area -provided -they are Trees
adiacent to this visibility area shall be trimmed in such a manner
that no limbs or foliage extend into the cross -visibility area.
Landscaping, except grass and low ground cover, shall not be
located closer than three feet from the edge of any street
pavement.
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Sec. 9.02.208 Inspection and acceptance of public improvements
(b) Letter of satisfactory completion.
(1) The city will only deem required public improvements satisfactorily
completed when the applicant's engineer or RPLS has certified to the
city engineer (through submission of detailed sealed "as -built," or
record, drawings of the property) drawings that indicate all public
improvements and their locations, dimensions, materials and other
information required by the city engineer, and when all required public
improvements have been completed.
(A) The nayfa�"as-builts" shall also include a complete set of
sealed record drawings of the paving, drainage, water, sanitary
sewer and other public improvements, showing that the layout of
the lines and grades of all public improvements are in
accordance with engineering plans for the plat, and showing all
changes made in the plans during construction, and containing
on each sheet an "as -built" stamp bearing the signature and seal
of the licensed professional engineer and the date.
Sec. 9.02.241 Schedule of fees and re -submission requirements
Gharged by the Gity. Such fees shall be paid following approval of t
final plat, prior te the plat being filled for reGGFd at the GOUnt! I by the Git!
Recordation of plats with the Collin County clerk shall be th
responsibilityof applicant.
The following additional amendments are hereby made to Article 9,02: Delete
Appendix A Preliminary Plat Checklist, Appendix B Final Plat Checklist, and Appendix
C Owner's Certificates in their entirety.
ARTICLE 9.04 ZONING ORDINANCE
Sec. 9.04.001 Authority
This article is prepared under the authority of s�Et+e^„—r-a�� �,-o-r � a; ore;;-�,'
Ci-o„-Qua-t�+t^���-�frt"e�t�t�--e�Te�c-a� Chapter 211, 212, and 213, Texas Local
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Government Code, and other applicable law, as amended, to promote health,
safety, morals, and for the protection and preservation of places and areas of
historical and cultural importance and significance, or the general welfare of
the community, and the legislative body is empowered to regulate and restrict
the height, number of stories, and size of buildings, and other structures, the
percentage of lot that may be occupied, the size of the yards, courts, and other
open spaces, the density of population, and the location and use of buildings,
structures, and land for trade, industry, residence, or other purpose; and, in
the case of designated places and areas of historic and cultural importance,
to regulate and restrict the construction, alteration, reconstruction, or razing of
buildings and other structures.
Sec. 9.04.004 Definitions
Substantially Conforming Site Plan means a minor amendment to existing site plans.
Sec. 9.04.005 General provisions
(m) Visibility at intersections. On a corner lot, nothing shall be erected,
placed, planted, or allowed to grow in such a manner as materially to
interfere with traffic visibility across the corner. This visibility area shall
be a triangle in accordance with Sec. 9.02.084(e). measured 20 foot
from the point of raght_of_way lino intorseGtien. All objects on the ground
in said triangle should not exceed 30 inches (2-1/2 feet) in height and
objects hanging over this area vegetatiee should not droop to less than
ten 10'J feet above the ground.
Sec. 9.04.029 PD Planned Development District
(f) Planned developments to be recorded. All planned development
districts approved in accordance with the provisions of this article in its
original form, or by subsequent amendment thereto, shall be referenced
on the zoning district map, and a list of such planned development
districts, together with the category of uses permitted therein, shall be
maintained on the city's website �� ""I In Sdix of this ortinlo
C:
Sec. 9. 04.034 Supplementary district regulations
[•�
Requirements for solid waste collection.
� Applicability -this section shall apply to property utilized for
nonresidential or multifamily uses and shall not apply to the
followina:
communit�recyclinp locations as permitted by the citLr.
containers for onsite construction debris with a valid
permit issued by the City of Anna Building Department.
multifamily and nonresidential developments that comply
with both of the following stipulations:
the development is authorized for solid waste
collection utilizing 90 &gallon residential -type
carts.
�, the development is located within the CBRD
(Central Business Redevelopment Districts zoning
district or the development is within a planned
development district that permits, by stipulation,
the use of 96 -gallon residential -type carts for solid
waste collection.
Donation containers.
Declared disasters in the City of Anna that create solid
waste disposal issues until the disaster status is
rescinded.
Containers authorized through a Special Event permit.
Provision of Locations for Solid Waste Containers Space for
solid waste containers, including compactors, must be provided
as follows:
Quantity - A minimum of two containers per lot to
accommodate both refuse and recycling.
Location -One or more required container locations may
be offsite in a permanent easement within 150_feet_of t_he
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building as determined sufficient through the site plan
approval process.
Screening and Site Design Standards
(1 Screening and Placement - Screening and placement for
solid waste containers must be consistent with sec.
9.04.039 and sec. 9.06.006.
Use -Enclosures for containers must only be used for
purposes related to solid waste.
Maintenance - All screening devices must be continually
maintained in a state of good repair. Living screens must
be maintained in compliance with article 9.06.
Parking Reduction -The number of required parkin
spaces in sec. 9.04.037 may be reduced to accommodate
commercial recycling and community recycling containers
for sites developed prior to July 1, 2020. Required parking
shall not be reduced without submittal and approval of an
amended site plan.
Site Plan Review -Solid waste container locations built to
design standards shall be identified on concept plans and site
plans. Solid waste containers shall not be added to existing
sites and/or to new site plans approved for future development
without submittal and approval of an amended site plan.
Sec. 9.04.039 Screening device requirements
(b) Applicability.
and from adjacent residential property. Bays On any
• • - • •• •• -Planned Development• be
Service bays in any business/commercial PD (Planned
Development) shall be oriented away_from the street frontage..
(c)
[�]
Screening elements and fences.
(10) All fences constructed under the provisions of this section shall
be maintained so as to comply with the requirements of this
section at all times. The director of
development services, building official, or code official may order
the repair or removal of a fence if it is more than 5% damaged or
leaning 10 degrees from vertical. Fences shall be repaired in
compliance with the provisions of this section.
Sec. 9.04.040 Outdoor Lighting Code
(f) Definitions. Unless otherwise expressly stated, the
words and terms shall, for the purposes of this section,
meanings shown below:
[�]
���
(n)
[�]
following
have the
Director means the h. ���,�;„^ r'ormifc ori iJ iv�criontinno .Miro n+nr
director of development services, building official or designee.
Prohibitions.
(5) Existing lighting causing light trespass onto residential
ro ert .
Sec. 9.04.041 Planni
(A) If after complaint and investigation, the code
official-d-ire�t�r finds that an existing light fixture
directs light toward residential buildings, the code
official-direEtsr shall give written notice of such
violation to the owner and/or to the occupant of
such premises demanding that
abated within ninety days of th
notice.
and zoning commission
the violation be
e date of written
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(a) Creation of planninq and zoning commission. There is hereby created
a planning and zoning commission which shall be organized, appointed
and function as follows:
(1) The planning and zoning commission shall consist of seven f+ve
members who are residents of the city or its eTtrater oter jurisdiGtiOR, each to be appointed by the city council for a term of
two years and removable for cause by the appointing authority
upon written charges and after public hearing. The city council
shall designate one member as chairman. Vacancies shall be
filled for the unexpired term of any member, whose place
becomes vacant for any cause, in the same manner as the
original appointment was made. Provided, however, that the city
council may appoint two alternate members of the planning and
zoning commission who shall serve in the absence of one or
more of the regular members when requested to do so by the
chairman or city manager, as the case may be; and
(2) The terms of four -free members shall expire in May of each
odd -numbered year and the terms of three4wo of the members
shall expire in May of each even -numbered year. Commission
members may be appointed to succeed themselves. Vacancies
shall be filled for unexpired terms, but no member shall be
appointed for a term in excess of two years. Newly appointed
members shall be installed at the first regular commission
meeting after their appointment.
(b) Organization. The commission shall hold an organizational meeting in
J-(a3� of each year. The commission shall meet regularly and shall
designate the time and place of its meetings. The commission shall
adopt its own rules of procedure and keep a record of its proceedings
consistent with the provisions of this article and the requirements of law.
(c) Duties and powers. The planning and zoning commission is hereby
charged with the duty and invested with the authority to:
(4) Formulate a zoning plan as may be deemed best to carry out the
goals of the city plan; hold public hearings and make
recommendations to the city council relating to the creation,
amendment, and implementation of zoning regulations and
districts as provided in—articfes 1011a 1011k, Revised Civil
Statutes of —Texts Chapters 211 and 213, Texas Local
Government Code, as amended, authorizing itiesan-d
RGE)rpOrat8d villages municipalities to pass zoning regulations;
all powers granted under said--aEt statutes are specifically
adopted and made a part hereof.
(5) Exercise all the powers of a commission as to recommendations
to the city council relating to approval or disapproval of plans,
plats, amending plats, or replats set out in-a;titlesQ7�74a and
970a,Revised Civil Statutes of Tovnc Chapter 212, Texas Local
Government Code. as amended.
(d) Meeting and quorum. A quorum for the conduct of business shall
consist of four4N# ee members of the commission. The members of the
commission shall regularly attend meetings and public hearings of the
commission and shall serve without compensation, except for
reimbursement of authorized expenses attendant to the performance of
their duties.
Sec. 9.04.048 Site Plans
(a) Site Plan Approval.
(1) Conceptual site plans.
(C) The conceptual site plan shall include sufficient
information to adequately assess the functionality of the
proposed subdivision and its impact on surrounding
properties and circulation systems;. The director of
development services may establish—not inconsistent
with this article—forms and standards with regards to the
content, format, and graphics for conceptual site plans
including but not limited to:
(4) Prior to the issuance of any building permit, a site plan drawn to
scale shall be submitted for initiation of the review and approval
process along with 25 Gepies of the plan or the number of copies
deemed necessary by the city to complete the required reviews
or memorandums.
(b) Content of site plan. The director of development services may
establish—not inconsistent with this article—forms and standards with
regards to the content, format, and graphics for site plans. The
proposed site plan shall show information as specified on a form or
packet provided by the planning department, including: When required;
a site plan shall iRGlude the fellewing�
Revision of site
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(1) In the event that changes to the approved site plan are proposed,
the Gity manager director of development services or designee
shall have the authority to require that a substantially conforming
site plan or revised site plan be submitted to the city for review
and approval.
(2) (A) Itis recognized that final architectural and engineering design
may necessitate some judgment in the determination of
conformance to an approved site plan. the Gity manage -r- director
of development services or designee shall have the authority to
interpret conformance to an approved site plan, provided that
such interpretations do not materially affect access, circulation,
general building location on the site, or any conditions
specifically attached as part of a city council approval. The-Gity
Manager director of development services or designee shall only
approve minor changes that substantially conform to the
approved site plan and with all applicable city regulations.
(B) Examples of revisions which may be approved by the-si�y
,anagen director of development services or designee on a
substantially conforming site plan, elevations, or landscape plan
include:
(i) Minor buildin
revisions/expansions that do not increase the
height of a building and are less than an aggregate
total of 1,000 square feet;
(ii) Minor changes in the number of parking spaces
(adding, removing, or relocating 20 parking spaces
of less), provided that minimum parking
requirements are met;
Adjustments to san
n,faTion solid waste container
location;
(iv) Minor revisions to approved elevations; and
(v) Substitution of similar materials on an approved
landscape plan.
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revisions exceed staffs approval authority, #ie -a revised
site plan, revised landscape plan or revised elevations
shall be submitted and processed for approval
accordingiV. forwarded te the planning and zening
preGedures for site plan approval. if proposed revisions
the site plan have net been apprevedby manager
w 30 days of their final submissmen, they chnif hin
SGheduled for GORSideratien by the planning and zening
(g) Certificate of occupancy
�Jfl 11 11 111
1111 11 11 1 1 11
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. �.........�
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revisions exceed staffs approval authority, #ie -a revised
site plan, revised landscape plan or revised elevations
shall be submitted and processed for approval
accordingiV. forwarded te the planning and zening
preGedures for site plan approval. if proposed revisions
the site plan have net been apprevedby manager
w 30 days of their final submissmen, they chnif hin
SGheduled for GORSideratien by the planning and zening
(g) Certificate of occupancy
44}(3) Preliminary site plan. [ ... ]
APPENDIX 1. ZONING DISTRICT AREA REGULATIONS
AG IEF I84 (72 (SF I60 I2F IZF ITH ITF IMH-IZ H -IMF- IZ F -
Side yard, 15 15 10 4-9 4-9 4-8 4-9 (a) (b) 4
9 10 10 10 10
(feet)
Side yard, 25 25 15 15 15 15 15 15 15 15 15 15 125 25
corner lot,
street side
(feet) { )
(a) Zero one side with 10 feet separation between buildings.
(b) 14 feet between ends of buildings.
��.._.��—•:•.:.�,.�.....��:.—tee`...
. �.........�
._....:...__�...�,:...-._..�....�.,
�..••
- - -
44}(3) Preliminary site plan. [ ... ]
APPENDIX 1. ZONING DISTRICT AREA REGULATIONS
AG IEF I84 (72 (SF I60 I2F IZF ITH ITF IMH-IZ H -IMF- IZ F -
Side yard, 15 15 10 4-9 4-9 4-8 4-9 (a) (b) 4
9 10 10 10 10
(feet)
Side yard, 25 25 15 15 15 15 15 15 15 15 15 15 125 25
corner lot,
street side
(feet) { )
(a) Zero one side with 10 feet separation between buildings.
(b) 14 feet between ends of buildings.
r 10% of the lot width, whichever is greater.
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��.._.��—•:•.:.�,.�.....��:.—tee`...
. �.........�
._....:...__�...�,:...-._..�....�.,
r 10% of the lot width, whichever is greater.
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I ... 1
ARTICLE 9.06 LANDSCAPE REGULATIONS
[ a & N
Sec. 9.06.003 Issuance of permits and certificate of occupancy
(a) No permits shall be issued for building, paving,
grading, or construction
until a detailed landscape plan is submitted and approved
by the city
manager or designee. Prior to the issuance of a
certificate of
occupancy
for any building or structure, all screening and
landscaping
shall be in
place in accordance with the landscape plan
the landSGaping installed shall be
to
the Gity
Gepy ef as
permanent filing
provided
Sec. 9.06.006 Minimum landscaping requirements
For all nenresirdeRtial and multiple family parcels
at least
15% of the
(a)
landsnape
area.
The street
shell
he
street pe%iic n8Rt � v-�czr�cc-r-r-r
defined as the area betweenthe frent property
yard
line and the
minimum
front setback line
For and multiple -family
parcels located
at the
(b) all
nonresidential
dedGatedp-Pub!aco-streets(hts_of_way),
a 600
4nterseEtiOi-eftwe
intersection
square feet landSGape area shall be provided at
toward the 15% requirement.
the
GGrne-r-,
wh`GG,n,be GO unterd
Fer and multiple family
a MiRiFnUrn
Of 0
all nenFesideRtial parcels,
(G)
theN%NA _mite shall be lliV�Rg lo�Gope
��i hich shall
incliIrl
grass, ground GOVeF plaRts, shrubs, eF trees
Gar all parcels
shall be
(d) nonresidential and multiple
TrequiFed te plant one geettrree (minimi rn of
developers
three inch
caliper anrd
`even feet high at time of planting) per linear
or portion
thereof
40
frontage Trees may he Or clustered-te
feet,
faGilitatec
e
Site
off street gFeuped
sign.
LandSGape within lots should
be at
least ene
(e) areas parking geRerally
parking space ip size sq pare feet)
(180
hall he lessthan 75 feet in area er Iess
than fide feet
in wirdth
square
For all nonresidential and mi iltipie_family parcels
internal
lanrdscap
(g) �ffn.. .... ... ,..r ." ,...y r
", .... ...
.. r
areas shallow.
Equal a total of at least eight square feet
per parking space;
(1)
He
with least
tree within
65 feet of
aao
.ndso�Ga
(2)av_IlaaG�p
i��
every
I�
15
� General
,(1 � All existing trees which are to be considered for credit shall be
provided with a permeable surface (a surface which does not
impede the absorption of water) within a minimum five-foot
radius from the trunk of the tree. All new trees shall be provided
with a permeable surface under the dripline a minimum two and
one-half foot radius from the trunk of the tree.
2.�. A minimum of 50% of the total trees required for the property
shall be large (minimum three-inch caliper, seven feet in height
at time of planting) canopV trees as specified on the approved
plant list (see approved plant list).
Necessary driveways from the public right-of-way shall be
allowed through all required landscaping areas in accordance
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� General
,(1 � All existing trees which are to be considered for credit shall be
provided with a permeable surface (a surface which does not
impede the absorption of water) within a minimum five-foot
radius from the trunk of the tree. All new trees shall be provided
with a permeable surface under the dripline a minimum two and
one-half foot radius from the trunk of the tree.
2.�. A minimum of 50% of the total trees required for the property
shall be large (minimum three-inch caliper, seven feet in height
at time of planting) canopV trees as specified on the approved
plant list (see approved plant list).
Necessary driveways from the public right-of-way shall be
allowed through all required landscaping areas in accordance
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,(1 � All existing trees which are to be considered for credit shall be
provided with a permeable surface (a surface which does not
impede the absorption of water) within a minimum five-foot
radius from the trunk of the tree. All new trees shall be provided
with a permeable surface under the dripline a minimum two and
one-half foot radius from the trunk of the tree.
2.�. A minimum of 50% of the total trees required for the property
shall be large (minimum three-inch caliper, seven feet in height
at time of planting) canopV trees as specified on the approved
plant list (see approved plant list).
Necessary driveways from the public right-of-way shall be
allowed through all required landscaping areas in accordance
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,(1 � All existing trees which are to be considered for credit shall be
provided with a permeable surface (a surface which does not
impede the absorption of water) within a minimum five-foot
radius from the trunk of the tree. All new trees shall be provided
with a permeable surface under the dripline a minimum two and
one-half foot radius from the trunk of the tree.
2.�. A minimum of 50% of the total trees required for the property
shall be large (minimum three-inch caliper, seven feet in height
at time of planting) canopV trees as specified on the approved
plant list (see approved plant list).
Necessary driveways from the public right-of-way shall be
allowed through all required landscaping areas in accordance
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,(1 � All existing trees which are to be considered for credit shall be
provided with a permeable surface (a surface which does not
impede the absorption of water) within a minimum five-foot
radius from the trunk of the tree. All new trees shall be provided
with a permeable surface under the dripline a minimum two and
one-half foot radius from the trunk of the tree.
2.�. A minimum of 50% of the total trees required for the property
shall be large (minimum three-inch caliper, seven feet in height
at time of planting) canopV trees as specified on the approved
plant list (see approved plant list).
Necessary driveways from the public right-of-way shall be
allowed through all required landscaping areas in accordance
with city regulations. Shared drives shall be allowed through
perimeter landscape areas.
All trees planted to satisfy the tree standards must be Cl minimum
of three inches in diameter at breast heiaht (DBH).
No trees with a maximum mature height of 25 feet or greater may
be planted within 25 feet (measured horizontally) from the
nearest overhead utility line (see Appendix 1 and Appendix 2 of
Article 9.07 Tree Preservation for height references).
Definitions:
i. Street yard is defined as the area between the front
Property line and the minimum front setback line.
ii. Internal landscape area/landscaping is defined as the
remaining property exclusive of the street yard and
required landscape buffers.
Parking Lots in addition to subsections (c) and (d) of this section.
Landscape areas within parking lots should generally be at least
one parking space in size (180 square feet).
Within parking lots, landscape areas should be located to define
parking areas and assist in clarifying appropriate circulation
patterns. A landscape island shall be located at the terminus of
each parking row, and should contain at least one tree. All
landscape areas shall be protected by a monolithic curb or wheel
stops and remain free of trash, litter, and car bumper overhangs.
At least 750L
of the frontage of parking lots, adjacent to a public
right-of-way, within the street yard shall be screened from public
streets with evergreen shrubs attaining a minimum height of
three feet, an earthen berm of a minimum height of three feet, a
low masonry wall of a minimum height of three feet, or a
combination of the above with a minimum combined height of
three feet. A wall used for parking lot screening should be
accompanied with landscape planting in the form of low shrubs
and ground cover to soften the appearance of the wall.
� Nonresidential and multiple -family lots:
For all nonresidential and multiple -family parcels at least 15% of
the street yard shall be permanent landscape area.
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For all nonresidential and multiple -family parcels located at the
intersection of two dedicated public streets (rights-of-way), a 600
square foot landscape area shall be provided at the intersection
corner, which can be counted toward the 15% street yard
requirement.
For all nonresidential and multiple -family parcels, a minimum of
10% of the entire site shall be devoted to living landscape which
shall include grass, ground cover, plants, shrubs, or trees.
i. No landscape area counting toward minimum
landscaping requirements shall be less than 25 square
feet in area or less than five feet in width.
For all nonresidential and multiple -family parcels, developers
shall be required to plant one large tree (minimum of three-inch
caliper and seven feet high at time of planting) per 40 linear feet,
or portion thereof, of street frontage.
i. Trees may be grouped or clustered to facilitate site
design.
ii. These trees must be within the street yard except when
the property is restricted by easements.
iii. When the street yard is restricted by easements any
combination of the following may be permitted:
The required large trees may be substituted with
two small trees for every one large tree required
within the street yard;
2. Up to 500/
of the required large trees may be
placed in the internal landscape.
For all nonresidential and multiple -family parcels, internal
landscape areas shall:
i. Equal a total of at least eight square feet per parking
space;
Have a landscaped area with at least one tree within 65
feet of every parking space;
Have a minimum of one tree planted in the parking area
for every 10 parking spaces within parking lots with more
than 20 spaces. These required trees shall be provided
within the internal landscape area.
For all nonresidential and multi -family parcels, whenever an ofF-
street parking area or vehicular use area abuts an adjacent
property line, a perimeter landscape area of at least five feet
shall be maintained between the edae of the parkina area and
thIC-0 adjacent property line.
(7) Whenever a nonresidential use, mobile home use, or multiple -
family use is adjacent to a property used or zoned for single-
family or duplex residential use, the more intensive land use shall
provide a landscaped area of at least 10 feet in width along the
common property line planted with one large tree (minimum
three inches in caliper and seven feet in height at time of
planting) for each 40 linear feet or portion thereof of adjacent
exposure.
Evergreen shrubs (acceptable for six-foot screening) shall be
provided around dumpster screening wall, and the plant
materials must be a minimum of three feet in height at the time
of planting, unless not visible from public right-of-way or a public
use area.
All commercial properties shall provide trees at a ratio of 10 trees
per acre (43,560 sq. ft.) or one tree per 4,356 sqa fts of therq oss
lot area.
i. At the discretion of the city, and at the request of the property
owner, the ten trees per acre may be satisfied by planting
trees elsewhere in the city at the direction of the
administrateF-Director of Development Services or designee.
Single-family and duplex lots and subdivisions:
For all single-family and duplex parcels, builders shall be
required to plant two large trees (minimum of three-inch caliper
and seven feet high at time of planting) per lot prior to obtaining
a certificate of occupancy. At least one of the trees shall be
located in the front yard. Existing quality trees of at least three-
inch caliper size located on the lot shall count to meet this
standard if appropriate tree protection measures have been
followed.
Requirements for single-family residential and duplex lots.
Three-inch caliper trees selected from the large tree list in this
article shall be planted on all single-family residential, duplex,
and town home lots. At least one of the trees must be placed in
the front yard of the lot. The following minimum standards apply:
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SingleIIIIIFamily Residential
Large Lot (SFIIIIIE)
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Section 3. Savings, Repealing and Severability Clauses
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It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any
of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed the lesser of $2,000 or the highest amount allowed by
applicable law for each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council and posting and/or
publication, if required by law, of its caption. The City Secretary is hereby authorized and directed
to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 23rd day of June 2020.
ATTESTED:
Carrie L. Land, City Secreta
ago
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T'E1X,P\\``��,,�
Pike, Mayor
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