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OR 91-500-A-030 Amends Highway Commercial District Regulations AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A30 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AS HERETOFORE AMENDED, BY MAKING CERTAIN AMENDMENTS TO THE FOLLOWING SECTIONS OF SAID BASIC ZONING ORDINANCE NUMBER 91500: FORMAT CHANGES TO SECTION 23, "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS; CHANGES TO THE PARKING REGULATIONS OF SECTION 26, "LI" LIGHT INDUSTRIAL DISTRICT; CHANGES DEALING WITH SCREENING, SCREENING WALLS AND SCREENING SETBACK OF SECTION 33, SCREENING STANDARDS; MAJOR REVISIONS TO SECTION 34, LANDSCAPE REQUIREMENTS; MAJOR REVISIONS TO SECTION 35, ACCESSORY BUILDING REGULATIONS; DELETION OF SUBPARAGRAPH 2(B) OF SUBSECTION 36-2 OF SECTION 36, GLARE AND LIGHTING STANDARDS; DELETION OF SUBPARAGRAPH 3(F) AND 3(G) FROM SUBSECTION 41-3 OF SECTION 41, BOARD OF ADJUSTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THlS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. AGGO3F64 WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to amending the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the Comprehensive Zoning Ordinance of the City of Coppell, Texas, to wit: Ordinance No. 91500, should be amended in the exercise of its legislative discretion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending Section 23 to read as follows: SECTION 23 "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS GENERAL PURPOSE AND DESCRIPTION The "HC" Highway Commercial district is intended primarily as a high intensity area permitting a mixed-use for office, commercial-retail, and highway oriented uses, such as hotels, restaurants, and low and mid-rise offices, and should be located generally along high-volume thoroughfares. The site characteristics for each area should be designed in a manner to create an attractive appearance from I.H. 635 and S.H. 121, and an impressive gateway into the Community. Because these areas are designated as major thoroughfare entry points, emphasis has been placed on building arrangement, setbacks, parking, and landscape treatment, which are intended to be elements influencing the character of entrance into the City. It is the intention of the "Highway Commercial" zoning district to create an attractive and unique entrance into the City. 23-1 USE REGULATIONS: A building or premise shall be used only for the following purposes: 1. Any use permitted in the "O" Office district. (See Section 23-2 for exceptions). 2. Any use permitted in the "R" Retail district. 3. Temporary amusement actMty (approved by City Council resolution). 4. Exhibition hall. 5. Equipment sales. 6. Hotel or motel. 7. Newspaper priming. 8. Radio, television or microwave receiving dish (subject to screening regulations; see Section 33-1). 9. Restaurant, cafe, and cafeteria, including drive-ins. 10. University, college, or parochial school and related facilities. 11. Manufacturing and industrial plants including the processing or assembly of parts for production of finished equipment, where the process of manufacturing or treatment of materials is such that only a minimum amount of dust, odor, gas, smoke, or noise is emitted and that none of the lot or tract issued for the open storage of products, materials or equipment. 12. Any use permitted by Special Use Permit, as listed in Section 30-7, 30-8 or 30- 9. (See Section 23-2 for exceptions). 23-2 NON-PERMITFED USES: For clarity, the following uses, though not limited to the following, are specifically not permitted uses within the "HC" district even with a Special Use Permit. 1. Airport. 2. Crop production. 3. Kennels. 4. Any use requiring outside storage. 5. Pawn shops. 6. Seed store. 7. Used automobile sales or display, repair garages, tire and seat cover shops, or auto laundries unless incidental to a service station. 8. Self-storage or mini-warehouses. 23-3 AREA AND HEIGHT REGUI.~TIONS: 1. Minimum Size of Yards: (A) Front Yard: Sixty (60) feet. (B) Side Yard: Thirty (30) feet. (C) Rear Yard: Twenty (20) feet. 2. Minimum Size of Lot: (A) Lot Area: 10,000 square feet (B) Lot Width: No minimum. (C) Lot Depth: No minimum. 3. Lot Coverage: In no case shall more than fifty percent (50%) of the lot be covered by buildings. 4. Height Restrictions: Maximum height of twenty (20) stories, but limited to seventy (70) feet on any portion of the site within three hundred (300) feet of property zoned or used for A, SF-ED, SF-18, SF-12, SF-9, SF-7, SF-0, 2F-9, TH-l, or TH-2. In addition, no structure may exceed the maximum height limitations as established by the Dallas/Fort Worth International Airport Board. 23-4 Parking Requirements: Required off-street parking shall be provided in accordance with the specific uses set forth in Section 31. No more than fifty percent (50%) of the required parking shall be utilized in the front yard. No parking or loading shall be permitted within 20 feet of the front property line. 23-5 T_vpe of Exterior Construction: All structures shall be eighty percent (80%) masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted by Special Use Permit only. 23-6 Landscaping Requirements: Landscape requirements shall be provided according to Section 33. Additionally, those areas which are specified within the Coppell Streetscape Plan shall be adhered to. 23-7 Site Plan Review 1. The purpose of the site plan review is to ensure, prior to issuance of building permits, that all city requirements have been or will be met, including compliance with zoning, subdivision, landscape, streetscape and building regulations. 2. No building permit shall be issued on any tract of land unless a site plan is first submitted for review by the Planning and Zoning Commission and approved by the City Council. A public hearing shall not be required. 3. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City Council. 4. Any major revision to an approved site plan must be approved by the City Council, however, minor revisions may be permitted upon approval by the Director of Planning or designee. The Director of Planning shall make the determination as to whether or not a revision is a minor or major revision. 5. The site plan shall indicate building elevations, location of separate buildings, and the minimum distance between buildings. Site plans shall also include property lines, access routes, adjacent zoning and structures, streets and alleys, together with a parking plan and a landscape plan showing the arrangement and provision for off-street parking, and the layout of planting materials. An architectural rendering of proposed buildings shall be submitted with the site plan for consideration of approval. 6. All site plans shall be filed with the Planning Department and reviewed by the Development Review Committee before going to the Planning and Zoning Commission and City Council. 7. An approved site plan shall be the final plan for development, and construction shall conform to the approved plan. A final site plan may be submitted for the total area zoned or any portion thereof. SECTION 2. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending Subsections 26-4 and 26-5 of Section 26 to read as follows: SECTION 26 - "LIGHT INDUSTRIAL" 26-4 Parking re_malations: Required off-street parking shall be provided in accordance with the special uses set forth in Section 31. All parking shall be located at least 30 feet behind the front property line and 5 feet from the rear property line. Parking may be allowed 15 feet behind the front property line provided that a landscape plan has been submitted and approved by the Planning Commission that clearly indicates the parking front setback reduction. 26-5 Type of Construction: Exterior wall construction in districts permitting non- residential uses shall be of such material that is required to conform with the City of Coppell Building Code for the particular non-residential use or occupancy involved. All structures shall be eighty percent (80%) masonry exterior exclusive of doors and windows. Glass may be counted in place of masonry. SECTION 3. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending Section 33 to read as follows: SECTION 33 - SCREENING STANDARDS Purpose: To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards. 33-1 Location of Required $creenine 1. Where the side, rear, or service side of an apartment, or the side, rear, or service side of a non-residential use is adjacent to a single-family or two- family residential district, screening not less than six (6) feet in height shall be erected separating the use from the adjacent residential district. No screening is required adjacent to a street except as required in Paragraph 2 in this section. All screening walls shall conform to 33-1.8. 2. When the side, rear or service side of a non-residential or multi-family use is adjacent to a public thoroughfare with greater than 60 feet of Right-of-way screening six (6) feet in height shall be provided. All screening walls shall conform to 33-1.8. 3. In a non-residential district where parking space for motor vehicles is provided adjacent to or within ten (10) feet of a residential district, whether the district boundary lines are separated by a street or alley or not, screening two (2) feet in height shall be provided between the boundary of such parking areas and the residential district. This requirement does not waive the requirements of Paragraph 1, however, providing screening as required in Paragraph 1 may fulfill the requirements of this paragraph. 4. In all districts where screening of loading areas facing a street is required, screening shall be provided not less than six (6) feet in height adjacent to the loading area at the property line. Said screening shall be required parallel to all streets and located thirty (30) feet from the street R.O.W./property line except where such use was in existence at the date of adoption of this Ordinance. Screening adjacent to a street shall conform to 33-1.8. Screening may be allowed 15 feet behind the front property line provided that a landscape plan has been submitted and approved by the Planning Commission that clearly indicates the screening wall location. 5. In all districts where screening of open storage is required such screening shall be required only for those areas used for open storage. A six (6) feet high screening wall shall be provided and maintained parallel to the property line adjacent to the area to be screened. If the screening wall for open storage is required along a street edge, the screening wall shall be located thirty (30) feet from the street R.O.W./property line and shall conform to 33-1.8. Screening may be allowed 15 feet behind the front property line provided that a landscape plan has been submitted and approved by the Planning Commission that clearly indicates the screening wall location. 6. Refuse storage areas not adjacent to an alley for all uses other than single- family and duplex dwellings shall be visually screened by a six (6) foot high solid fence on all sides except the side used for garbage pickup service, such side shall not be required to be screened. 7. Where subdivisions are platted so that the rear yards of single-family, two- family, or townhouse residential lots are adjacent to a dedicated roadway, or separated from a roadway by an alley or service road, the developer shall provide, at his sole expense, screening that conforms to Section 33-1.8. 8. The City Council may waive or modify, in exceptional cases, the requirements of this section. All forms of screening shall conform to the requirements of the ordinances of the City governing the sight distance for traffic safety and other City ordinances. The types of permissible screening are: (A) A brick wall with a minimum height of six (6) feet and a maximum height of eight (8) feet shall be located on the street right-of-way line. The color of the wall shall be limited to earth-tone colors, (i.e. brown, tan, red, gray, etc.). The color of the wall shall be uniform and/or compatible on both sides of a thoroughfare for the entire length of the thoroughfare between two intersecting thoroughfares. When walls are built in sections, the colors shall be as closely similar as possible, but shall, in no case, be incompatible. Plans and specifications for the wall shall be approved by the City. Masonry columns shall be expressed at a minimum of ten (10) feet and a maximum of thirty (30) feet on centers and should typically be taller than the remainder of the wall. Brick detailing at the top of the wall shall produce a change in plane or texture. Developers are encouraged to create offsets in the wall to provide visual variety. The wall shall be placed on an appropriate structural concrete footing; trees shall be planted in the landscaping strip between the curb and screening wall according to standards set in Section 34 for non-residential and multi-family lots. Landscaping, in the form of trees and shrubs, shall be used to break up long continuous lengths of wall. In general, a minimum of fifteen (15) percent of the wall elevation should be screened with vegetation. The developer may, at his option, install planter beds adjacent to the wall. In such event, the developer shall provide total maintenance for the beds until an owners association is in existence to provide maintenance in accordance with Section 34. The developer shall install automatic irrigation bubblers or other means of irrigation approved by the City. Plant materials shall be selected from the plant palette in the approved Coppell Streetscape Plan. (B) Where appropriate, as long as the view beyond the fence is appropriately landscaped and is not a view of the rear yards or fences of housing, a combination of brick and ironwork can be utilized. The masonry portion shall be constructed according to the criteria described in the previous paragraph A. Landscaping and maintenance requirements are also identical except that a landscaped area must be provided behind open ironwork to provide an appropriate view beyond. These landscaped areas beyond shall also become the responsibility of an owners association or individual property owner to provide proper maintenance. (C) Where subdivisions are platted so that the side yards of single-family residential lots are adjacent to a roadway that is identified as a primary or secondary image zone in the approved City Streetscape Plan, the developer shall provide a screening wall to screen the rear portion of the lots. The wall shall conform to criteria established in paragraphs A and B of this subsection. The length of wall shall be equal to one half of the depth of the lot or to the fenced in rear portion of the lot, whichever is greater. (D) Where subdivisions are platted so that the side yards of single-family residential lots are adjacent to a dedicated roadway and where a cul- de-sac approaches the paved roadway, but does not intersect with it, the developer shall provide, at his sole expense, a living screen composed of plants in the approved plant palette. Plants shall be a minimum of three (3) feet in height. Plant spacing shall vary, depending on the type of plants, as required by the City Council; however, suggested maximum spacings are twenty-five (25) feet for trees and twelve (12) feet for shrubs. A solid living screen is not required. The living screen shall not be planted opposite the front yard of residential lots which front on streets which intersect with the paved roadway. The developer shall provide total maintenance for the living screen until adjacent lots are sold. At the end of the maintenance period, all plants in the living screen shall be in a healthy and growing condition. The living screen shall be planted between the sidewalk and the right-of-way line. (E) At development and subdivision entry features, all walls and raised planter beds shall be of brick or stone construction unless otherwise approved by the Planning and Zoning Commission and City Council. The wall construction and landscaped requirements of paragraphs A and B shall apply to development and subdivision entry features. In addition, the design of the entry feature must conform to the visibility requirements of the Subdivision and Zoning Ordinances. Paving materials should be incorporated into the design of the pavement at entry features in a manner compatible with that used at major or secondary intersections in the City. (F) In Light and Heavy Industrial Zoned Districts, where the site is not adjacent to a residential zoned district or a residential use screening walls shall be constructed of a masonry material and design that is compatible with the adjacent building. 33-2 Maximum Height and Widths All required plant screening material shall be trimmed and pruned to prevent heights and widths which will cause visibility problems for traffic or other safety hazards, but not to a height less than the required minimums. SECTION 4. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending Section 34 to read as follows: SECTION 34 - LANDSCAPING REGULATIONS SECTION I: GENERAL LANDSCAPE REQUIREMENTS 34-1-1 PURPOSE: It is the purpose of this section to establish certain regulations pertaining to landscaping within the City of Coppell. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the City. 34-1-2 SCOPE: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction occurring within the City, except that single family detached dwellings shall be exempt since such uses rarely fail to comply with the requirements set forth in this section. 34-1-3 ENFORCEMENT: The provisions of this section shall be administered and enforced by the Building Official or his designee. If, at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the Building Official shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Ordinance. 34-1-4 PERMITS: No permits shall be issued for building, paving, grading or construction until a Landscape Plan is submitted and approved by the Building Official or his designee. In the event that the proposed development requires an approved Subdivision Plat, Site Plan, or Master Development Plan, no such final approval shall be granted unless a Landscape Plan is submitted and approved. 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 required in Section 34-5. In any case in which an Occupancy Certificate is sought at a season of the year in which the Building Official determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, an Occupancy Certificate may be issued notwithstanding the fact that the landscaping required by the Landscape Plan has not been completed, provided the applicant deposits cash in an escrow account in the amount equal to 110% of the estimated cost of such landscaping. Such escrow deposit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six (6) months of the date of the application and shall give the City the right to draw upon the escrow deposit to complete the said landscaping if the applicant fails to do so. 34-1-5 LANDSCAPE PLANS: Prior to the issuance of a building, paving, grading or construction permit for any use other than single family dwellings, a Landscape Plan shall be submitted to the Building Inspection Department. The Building Official or a designee, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. Landscaping Plans shall be prepared by a landscape architect or landscape contractor that belongs to a bonafide Nurseryman's Association. Landscape Plans shall contain the following information: (A) Minimum scale of one inch equals 50 feet; (B) Location of all trees to be preserved and planted; (C) Location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features; (D) Species of all plant material to be used; (E) Size of all plant material to be used; (F) Spacing of plant material where appropriate; (G) Layout and description of irrigation, sprinkler or water systems including placement of water sources; (H) Description of maintenance provisions for the Landscape Plan; (I) Person(s) responsible for the preparation of Landscape Plan. 34-1-6 MAINTENANCE: The Owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size. 34-1-7 GENERAL STANDARDS: The following criteria and standards shall apply to landscape materials and installation. (A) Ouality. Plant materials used in conformance with the provisions of this Ordinance shall conform to the standards of the American Standards for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be dean and free of weeds and noxious pests and insects. (B) Trees. Trees referred to in this Section shall be chosen from the approved plant palette located in Table 1. Trees shall have an average spread of crown of greater than fifteen (15) at maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of fifteen (15) feet crown of spread. Trees shall be of a minimum seven (7) feet in height and a minimum 2 inches caliper, 12 inches above the ground at time of planting. (C) Shrubs & Hedges. Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting and shall be chosen from the approved plant palette located in Table 1. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one (1) year after time of planting. (D) Vines. Vines shall be a minimum of two (2) feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. Vine material shall be chosen from the approved plant palette located in Table 1. (E) Ground Cover. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. Ground cover material shall be chosen from the approved plant palette located in Table 1. (F) Lawn Grass. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms, or other areas subject to erosion. (G) Credit for Existing Trees. Any trees preserved on a site meeting the herein specifications shall be credited toward meeting the tree requirement of any landscaping provision of this Section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Building Official, be credited as two (2) trees to meet the minimum requirement. 34-1-8 MINIMUM REOUIREMENTS FOR OFF-STREET PARKING AND VEHICULAR USE AREAS. Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance to the following criteria. Areas used for parking or vehicular storage which are under, on, or within buildings are exempt from these standards. (A) Interior Landscaping. A minimum of ten (10) percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots. 1. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stop or curbs. 2. There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or fraction thereof of required interior landscape area. 3. Interior areas of parking lots shall contain planting islands located so as to best relieve the expense of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree. Planter islands shall not be required for lots containing less than thirty-five thousand (35,000) square feet. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three (3) feet in height. Interior planter islands shall have a minimum size of ten (10) by twenty (20) feet. 4. The Building Official may approve planter islands required by Section 34-8(A) 3. (B) Perimeter Landscaping. All parking lots and vehicular use areas shall be screened form all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two (2) feet minimum width planting strip. Plants and materials used in living barriers shall be at least thirty (30) inches in height at the time of planting and shall be of a type and species that will attain a minimum height of three (3) feet one (1) year after planting. Any landscape barrier not containing live plants or trees, shall be a minimum of three (3) feet high at time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent properties. 1. Whenever an off-street parking or vehicular use area abuts a public right-of-way, except a public alley, a perimeter landscape area of at least fifteen (15) feet in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary accessways from the public right-of-way shall be permitted through all such landscaping. The maximum width for access- ways shall be: fifty (50) feet for non-residential two way movements; thirty (30) feet for residential two way movements; twenty (20) feet for non-residential one way movement. 2. Whenever an off-street parking or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least ten (10) feet in width shall be maintained between the edge of the parking area and the adjacent property line. Access ways between lots may be permitted through all perimeter landscape areas. Maximum width of accessways shall be twenty-five (25) feet. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for residential purposes, the landscape buffer shall include a wall, hedge, or berm not greater than eight (8) feet in height nor less than three (3) feet in height. 3. Perimeter landscape areas shall contain at least one (1) tree for each fifty (50) linear feet or fraction thereof of perimeter area. 34-1-9 LANDSCAPING REQUIREMENTS FOR NONVEHICULAR OPEN SPACE. In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements. (A) Grass, ground cover, shrubs, and other landscape materials shall be used to cover all open ground within twenty (20) feet of any building or paving or other use such as storage. (B) All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. (C) Landscaping shall be provided on each developed lot in accordance with the following standards: 1. In all residential zoning districts (except single family districts), a minimum of fifteen (15) percent of the landscaping shall be located in the required front yard. 2. In all non-residential zoning districts, a minimum of fifteen (15) percent of the total site area shall be devoted to feature landscaping with not less than fifty (50) percent of the landscaping being located in the required front yard. (D) Trees shall be planted in non-vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements: Percentage of Site in Tree Ratio per Non-vehicular Non-vehicular Open Space Open Space Less than 30 1 tree/2500 sq. ft. 30-49 1 tree/3000 sq. ft. over 50 1 tree/4000 sq. ft. SECTION II: TREE PRESERVATION REQUIREMENTS 34-2-1 PURPOSE: The purposes of this section are to establish rules and regulations governing the protection of trees and vegetation cover within the City of Coppell, to encourage the protection of healthy trees and vegetation and to provide for the replacement and replanting of trees that are necessarily removed during construction, development or redevelopment. The provisions of this section allow trees located within necessary public rights-of-way and easements to be removed prior to issuance of a building permit. Upon issuance of a building permit, trees within the buildable area of a property may also be removed. All other tree removal requires a tree permit. 34-2-2 DEFINITIONS: The following definitions shall apply to this chapter: (A) Buildable ArC,t: That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool and other construction as shown on the site plan. (B) Drip Line: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. (C) Historic Tree: A tree which has been found by the City to be of notable historic interest because of its age, type, size or historic association and has been so designated as part of the official records of the City. (D) Person: Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing. (E) Specimen Tree: A tree which has been found by the City to be of high value because of its type, size, or other professional criteria, and which has been so designated as part of the official records of the City. (F) Tree: Any self-supporting woody perennial plant which has a trunk caliper of three (3) inches or more when measured at a point of twelve (12) inches above ground level and which normally attains an overall height of at least twenty (20) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. (G) Yard Area: The front, side and rear yard areas as required under the comprehensive zoning code and the zoning district requirements applicable thereto. 34-2-3 APPLICABILITY: The terms and provisions of this section shall apply to real property as follows: (A) All real property upon which any designated specimen or historic tree is located. (B) All vacant and undeveloped property. (C) All property to be redeveloped, including additions and alterations. (D) The yard areas of all developed property, excluding developed and owner-occupied single-family residential property. (E) All easements and rights-of-way except those included in a plat approved by City Council shall meet the terms and provisions of this section. 34-2-4 TREE PRESERVATION PERMIT REOUIRED: No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any tree, specimen tree or historic tree situated on property described above without first obtaining a tree permit unless the conditions of Section 34-2-7(A) and 34-2-7(B) apply. 34-2-5 APPLICATION: Permits for removal, or replacement of trees covered herein shall be obtained by making application on a form prescribed by the City to the Building Official. The application shall be accompanied by a preliminary plat showing the exact location, size (trunk caliper and height) common name of all trees to be removed. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of trees and two (2) copies of a legible site plan drawn to the largest practicable scale indicating the following: (A) Location of all existing or proposed structures, improvements and site uses, properly dementioned and referenced to property lines, setback and yard requirements and special relationships. (B) Existing and proposed site elevations, grades and major contours. (C) Location of existing proposed utility easements. (D) The location of trees on the site to be removed, or replaced. (E) Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal, or replacement. (F) Application involving developed properties may be based on drawings showing only that portion of the site directly involved, adjacent structures, and landscaping or natural growth incidental thereto. (G) Aerial photographs, at an appropriate scale, may be substituted, at the discretion of the Building Official for a site plan if adequate site information is supplied on the aerial photographs. 34-2-6 APPLICATION REVIEW: Upon receipt of a proper application, the Planning and Zoning Commission shall review the application for new subdivisions, the Director of Planning shall review applications for platted lots; said review may include a field inspection of the site, and the application may be referred to such Departments as deemed appropriate for review and recommendations. If the application is made in conjunction with a Site Plan submitted for approval, the application will be considered as part of the site plan, and no permit shall be issued without site plan approval. Following the review and inspection, the permit applications will be approved, disapproved, or approved with conditions by the Planning and Zoning Commission or Building Official as appropriate, in accordance with the provisions of this chapter. 34-2-7 TREE REMOVAL: (A) No tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist: 1. The tree is located in a utility or drainage easement or public street right-of-way as recorded on a plat approved by the City Council. In the event that certain trees outside the above areas or trees based partially outside the easement are requested to be removed to allow the operation of equipment, the applicant shall submit a Plat and Site Plan which indicates the exact operation area needed. The Building Official may approve selected removal under this condition. 2. The tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations. 3. Except for the above, under no circumstances shall there be clear cutting of trees on a property prior to the issuance of a building permit. (B) Upon issuance of a building permit, developer shall be allowed to remove trees located on the buildable area of the property. Trees located in required yard areas, buffers and open space areas shall be maintained. The buildable area shall include sufficient adjacent area to allow the normal operation of construction equipment. 34-2-8 REPLACEMENT: In the event that it is necessary to remove tree(s) outside the buildable area, the developer, as condition to issuance of a tree removal permit, may be required to replace the tree(s) being removed with comparable trees somewhere within the site. A sufficient number of trees shall be planted to equal, in caliper, the caliper of the tree removed. Said replacement trees shall be a minimum of three (3) inches caliper, twelve (12) inches above the ground and seven (7) feet in height when planted, and shall be selected from the list of approved replacement trees found in Table 1. At the time of application review, the person responsible for replacement, time of replacement and location will be determined by the Planning and Zoning Commission. 34-2-9 TREE PROTECTION: During any construction or land development, the developer shall dearly mark all trees to be maintained and all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the drip line of any tree. During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of tree to remain. No attachments or wires of any kind, other than those of a protective nature, shall be attached to any tree. 34-2-10 EXCEPTIONS: In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the Building Official and the tree may then be removed without obtaining a written permit as herein required. During the period of an emergency such as a tornado, storm, flood, or other act of God, the requirements of this Ordinance may be waived as may be deemed necessary by the City Council. All licensed plant or tree nurseries shall be exempt from the terms and provisions of this Section only in relation to those trees planted and growing on the premises of said licensee, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. Utility Companies franchised by the City may remove trees which endanger public safety and welfare by interfering with utility service, except that where such trees are on owner-occupied properties developed for one-family use, disposal of such trees shall be at the option of the property owner. 34-2-11 EXEMPTION: This ordinance shall not apply to any development which has received final plat approval prior to the effective date of this Ordinance. TABI ~ i PLANT PALETI'E Overstory Trees: Range: 30-60' Bald Cyprus Taxodium distichum Cedar Elm Ulmus crassifolia Pecan Carya illinoinensis Chinese Pistache Pistacia chinesis Bur Oak Quercus macrocarpa Shumard's Oak Quercus Shumardii Sweet Gum Liquidambar styraciflua Catalpa Catalpa bignoniodes Honey Locust Gleditsia triacanthos Green Ash Fraximus pennsylvanica Live Oak Quercus virginiana Western Soapberry Sapindus drummondii Accent Trees: Range: 10-20' Redbud Cercis canadensis Crape Myrtle Lagerstroemia indica Yanpon Holly Ilex vomitoria Bradford Pear Purus calleryana 'Bradford' Texas Sophora Sophora affinis Wild Plum Prunus americana Crab Apple Malus angustifolia Deciduous Holly Ilex decidua Flameleaf Sumac Rhus Copallina Cherry-Laurel Prunus caroliniana Chaste Tree Vitex Agnus-castus TABLE 1 Shrubs: Range: 3-5' Dwarf Crape Myrtle Lagerstroemia indica nana Dwarf Burford Holly Ilex comuta 'Barfordii Nana' Dwarf Chinese Holly Ilex comuta 'Rotunda' Dwarf Yaupon Holly Ilex vomitoria 'Nana' Fraser's Photinia Photinia Fraseri Purple Sage Leucophyllum frutescens Purple Leaf Japanese Barberry Berberis Thunbergii 'Atropurpurea' Pampas Grass Cortaderia Selloana Nandina Nandina domestica Juniper Supp. Junipems chinensis Cattail Typha latifolia Ground Cover: Range 18" Juniper Supp. Juniperus horizontalis or procumbens Periwinkle Vinca major Liriope Liriope Muscari Asian Jasmine Trachclospermun asiaticum Vines: Coral Honeysuckle Lonicera sempervirens Carolina Yellow Jessamine Gelsemium sempervirens Lady Banksia Rose Rosa Banksiae Cross Vine Bignonia Capreolata Sweet Autumn Clematis Clematis Paniculata TABLE 1 Perennial and Annual Flowers: Chrysanthemum Chrysanthemum Supp. Cann Canna generalis Cooper Leaf Acalypha Wilkesiana Periwinkle Catharanthus roseus Iris Iris Supp. Lantana Lantana Camara Daffodil Naarcisus Jonquil, Tazetta, & King Alfred Petunia Petunia hybrida Marigold Tagetes Supp. Tulip Tulipa Supp. Zinnia Zinnia Supp. Caladium Caladium horrulanum 'Candidum' or 'Pink Beauty' Wild Flowers SECTION 5. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending Section 35 to read as follows: SECTION 35 - ACCESSORY BUILDING REGULATIONS General Purpose and Description: An accessory building is a subordinate building, attached to or detached from the main building, without sleeping areas, plumbing (except for hand sinks) or kitchen facilities, not used for commercial purposes, not rented and not occupied. Where multiple accessory buildings exist on the same site, the combined sum of both buildings shall be used to determine the size of each building. 35-1 Exterior walls of accessory buildings are allowed to be constructed of metal provided that the building does not exceed 120 square feet. 35-2 Accessory buildings that are 150 square feet or less: 1. Maximum Height - 10 feet 2. Setbacks: (A) Rear: i. 3 feet when the rear property line is adjacent to an alley Exception: When the accessory building is a garage or carport, the rear setback is twenty feet ii. 10 feet when the rear property line is not adjacent to an alley iii. 15 feet when the rear property line is adjacent to a street (B) Side: i. 3 feet when the accessory building is located at least 5 feet behind the main building. When the accessory building is not located at least 5 feet behind the main building, the side yard setback for the accessory building will be the same as the side setback for the main building. ii. 15 feet from a side property line that is adjacent to a side street iii. 10 feet from the main structure on an adjacent property 3. Materials: Exterior grade wood siding is permitted on accessory buildings that are 150 square feet or less provided that the wood is painted with a color that closely resembles the color of the main structure. 35-3 Accessory buildings that are greater than 150 square feet: 1. Maximum Height: 12 feet 2. Setbaclcs: (A) Rear: i. 10 feet Exception: When the accessory building is a garage or carport, the rear setback is 20 feet. ii. 15 feet when the rear property line is adjacent to a street (B) Side: i. The same as the setback required for the main structure ii. 15 feet from a side property line that is adjacent to a side street iii. 10 feet from the main structure on an adjacent property 3. Materials: 80% of the exterior walls must be masonry that closely resembles the masonry used in the main building. SECTION 6. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending Section 36 to delete therefrom subparagraph 2(B) from subsection 36-2 and reserving such subparagraph for future use, thereby making Section 36 read as follows: SECTION 36 GLARE AND LIGHTING STANDARDS 36-2 Non-Residential Site Lighting: 1. All off-street parking areas for nonresidential uses in nonresidential district which are used after dark, shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of use or until midnight, whichever is earlier. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly painted with a color that closely resembles the color of the main structure. 35-3 Accessory buildings that are greater than 150 square feet: 1. Maximum Height: 12 feet 2. Setback,s: (A) Rear: i. 10 feet Exception: When the accessory building is a garage or carport, the rear setback is 20 feet. ii. 15 feet when the rear property line is adjacent to a street (B) i. The same as the setback required for the main structure ii. 15 feet from a side property line that is adjacent to a side street iii. 10 feet from the main structure on an adjacent property 3. Materials: 80% of the exterior walls must be masonry that closely resembles the masonry used in the main building. SECTION 6. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending Section 36 to delete therefrom subparagraph 2(B) from subsection 36-2 and reserving such subparagraph for future use, thereby making Section 36 read as follows: SECTION 36 GLARE AND LIGHTING STANDARDS 36-2 Non-Residential Site Lighting: 1. All off-street parking areas for nonresidential uses in nonresidential district which are used after dark, shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of use or until midnight, whichever is earlier. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements. No intermittent or flashing lights are permitted. 2. Intensity: (A) On the parking area surface, an average of at least two (2) foot candles, initial measurement, and a minimum average of one (1) foot candle on a maintained basis. (B) (Reserved For Future Use) SECTION 7. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending Section 41 to deleate therefrom subparagraphs 3(F) and 3(G) from subsection 41-3 (3) and reserving such subparagraphs for future use, thereby making subsection 41-3 read as follows: SECTION 41 - BOARD OF ADJUSTMENT 41-3 Powers and Duties of Board: 1. Subpoena Witnesses, Etc.: The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish. 2. Ar>peals Based on Error: The Board shall have the power to hear and decide appeals where it is alleged there is an error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this Ordinance. 3. Special Exceptions The Board shall have the power to hear and decide special exceptions to the terms of this ordinance upon which it is required to pass as follows: (A) Permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the Master Plan and present no conflict or nuisance to adjacent properties. (B) To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare. (C) To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this Ordinance. (D) Waive or reduce the parking and loading requirements in any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. (E) To determine whether an industry should be permitted within District "LI", Light Industrial, and District "HI", Heavy Industrial, because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts. (F) (Reserved For Future Use) (G) (Reserved For Future Use) 4. Variances: An application or request for a variance shall not be heard by the Board of Adjustment or granted with regard to any parcel of property or portion thereof upon which a Concept Plan, Detail Site Plan, Preliminary Plat or Final Plat, when required by this Ordinance for any parcel of property or portion thereof, has not been finally acted upon by both the Planning & Zoning Commission and City Council consideration and action, on Concept Plans, Detail Site Plans, Preliminary Plats, and Final Plats, must be exhausted prior to requesting a variance from the terms of this Ordinance. The Board shall have the power to authorize upon appeal in specific cases such variance form the terms of this Ordinance as will not be contrary to the public interest, where, owning to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done, including the following: (A) Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare. (B) Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Ordinance relating to the construction or alterations of building or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of terms of this Ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the standards or regulations established by this Ordinance, and at the same time, the surrounding property will be properly protected. (C) Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty (50) percent of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly. 5. Changes: The Board shall have no authority to change any provisions of this Ordinance and its jurisdiction is limited to time. The Board may not change the district designation of any land either to a more restrictive or less restrictive zone. SECTION 8. For the purpose of any offense in violation of Ordinance 91-500, committed before the effective date of this Ordinance, such offense shall be governed by the law in effect when the offense was committed and the former law is continued in effect for this purpose. For the purpose of determining non-conforming fights under Ordinance 91- 500, only the specific changes to the above-mentioned sections of said ordinance shall be applicable even though the entire section, subsection, paragraph or sub-paragraph of Ordinance 91-500 is brought forward together with the part changed. The text of such provisions brought forward by this Ordinance that remain unchanged from the former law, shall not be construed to create any new non-conforming right or other right. SECTION 9. That all parts of any ordinance of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances or parts of ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 10. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 11. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 12. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~.s' day of ~f~ ,1993. MAYOR A2'TEST: ,,)_~xp, CITY SECRETARY APPROVED AS TO E.ORM: ~-CITY/~TrORNEY, / : COZ9~27 ~-''