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HomeMy WebLinkAbout15834• • DRAFT NO. 6 M 3 -22 -90 a� v EO ORDINANCE NO. 15,834 AN ORDINANCE AMENDING CHAPTER 15 OF THE LITTLE ROCK CITY CODE REVISED 1988 KNOWN AS THE LANDSCAPING AND TREE PROTECTION CODE: ADDING AND AMENDING CERTAIN DEFINITIONS; MODIFYING CERTAIN REQUIREMENTS TO IMPROVE SITE BEAUTIFICATION, CORRELATING LANDSCAPE REQUIREMENTS WITH EXCAVATION, STORM WATER DETENTION AND ZONING REQUIREMENTS AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: DIVISION 1. GENERALLY SECTION 1. Sec. 15 -82 shall read as follows: "Sec. 15 -82. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Buffer, hillside is a strip of land which separates large cuts or fills from abutting properties, public right - of -way or from other large cuts or fills on a site. Its purpose is to facilitate effective drainage and erosion control and to encourage preservation of large trees on a site and reduce public view of cuts and fills. Buffer, land use is adjacent to a property 1 more restrictive nature. the property line at any is to provide for visual a dissimilar nature. a strip of land lying parallel and Lne common to a dissimilar use of a This strip shall lie parallel to point. The purpose of this buffer and physical separation of uses of 92 0 - ki :1 Q -�6 • E DRAFT NO. 6 PAGE 2 Buffer, street is a strip of land lying parallel and adjacent to a public street right -of -way. This strip shall lie parallel to the street right -of -way line at any point. The purpose of this buffer is to provide for a separation of traffic movements, both on and off the site, and provide for a visual and spatial separation of certain uses and /or activities from the public right -of -way. Building landscape area is the on -site landscape area which separates parking from the building. The principle purpose of this area is to improve the appearance of the building from the street and vehicular use area. Deciduous is the tendency its leaves during a particular during the winter months. of a plant to drop or lose season of the year, generally Designated agent of the city manager means all individuals, divisions or departments which are designated by the city manager for the administration and enforcement of this ordinance. Driveway access is an area intended to provide entrance, exit or maneuvering for vehicular traffic from a public right -of -way to an off- street vehicular use. Earth berm is a mounding of soil volume in order to create a screen or change in elevation between the use area and adjacent areas. The berm shall be constructed to minimize erosion and should normally be completely covered with ground cover or lawn grass. Evergreen is the tendency of a plant to retain its leaves during all seasons of the year. Ground covers are planting materials which reach a maximum height of not more than eighteen (18) inches in height and may be used in lieu of grass. Ground cover must present a reasonably complete cover appearance within two (2) years of planting. 93 I M M M M M 0 M M M DRAFT NO PAGE 3 94 6 Interior landscape area is any landscape area within the perimeter of the vehicular use area excluding the building landscape area. Its primary purpose is to break up the mass of the vehicular use area and to channelize traffic circulation on the site. Irrigation means an adequate supply of water which can be made available to landscape plant materials. Landscape area is that area within the boundaries of a given lot which consists of planting materials including but not limited to trees, shrubs, ground covers, grass, flowers, and native plant materials; also including but not limited to inorganic features such as concrete planters, stone, brick, and aggregate forms, water, and other landscape elements. Inorganic elements shall not predominate over the use of organic plant material. Artificial plants are not considered landscape materials. Lawn grass shall include all species normally grown as permanent lawns in Pulaski County. Grass sod shall be required in all required planting beds and planting strips where bark or other approved ground cover is not proposed. Grass sod shall be reasonably free of weeds and noxious pests or disease. Off - street parking space means a space on private land accessible from a usable street or alley, not less than nine (9) feet wide and twenty (20) feet long, with the necessary maneuvering room within the private property. Perimeter landscape strip is a landscaped area which separates the vehicular use area from adjoining property and /or public right -of -way. Its purpose is to enhance the visual appearance of the site and to provide screening of the vehicular use area and certain other uses and /or activities from the public right -of -way and abutting properties. Property line is the legal boundary between two (2) lots or parcels of land. For purpose of this section, shall also include property lease lines which separate independent uses or activities. M M M M M M M M M DRAFT NO. 6 PAGE 4 Screening is the use of natural or man made topography, berms, fences, walls, trees, shrubs, ground cover or any combination thereof which partially or completely blocks the view of one (1) area from another. The Site Development Guideline shall designate the criteria to achieve these requirements. Screening, opaque means a man -made device on, or a natural feature of, a property which restricts access and /or visibility, the purpose of which is to provide privacy, separation of use, and lessen the impact of automobile lights on an adjacent use. Such screening shall be opaque in nature and disallow the passage of visible light frequencies. Shrubs and hedges are self supporting; woody, evergreen species and shall have a minimum height of eighteen (18) inches at installation. Site Development Guideline is a guide that shall assist in interpreting the details of this ordinance. Soil is a medium in which plants will grow. Street for the purpose of this ordinance shall be defined as any dedicated thoroughfare, roadway, highway, expressway, freeway, avenue, lane or boulevard. Tree means an evergreen or deciduous upright woody perennial plant having a single main stem or several main stems and which attains a height of at least fifteen (15) feet and shall be maintained to have no branches lower than eight (8) feet from grade. Undisturbed is the condition of a land area which is intended to remain in a natural state including topography, trees and vegetation. Enhancements such as additional landscaping, replacement of underbrush and other treatments may be made if approved by the City. Vehicular use area is that area of private development subject to vehicle traffic, including access ways, driveways, loading and service areas used for parking, maneuvering, or storage of vehicles, boats, or portable construction equipment, and all land which vehicles travel over as a function of the primary use. :i7 DRAFT NO. 6 PAGE 5 Vine is a herbaceous or semi -wood plant requiring support upon which to grow. Vines are generally used to soften the effect of inorganic elements such as fences, walls, and arbors, as well as to provide screening or buffering effects. Wall or fence for the purpose of this ordinance shall be defined as opaque barriers, which are intended to mark a boundary, screen a view or prevent intrusion. All walls of fences shall be able to withstand normal wear, functioning as a barrier and keeping an attractive appearance, and shall be built in a sound manner with adequate footings." SECTION 2. Sec. 15 -84 shall read as follows: "Sec. 15 -84. Purpose. The purposes of this article are to: (1) Heighten the quality of life and contribute to an environment which serves to encourage economic and cultural development. (2) Encourage the creative integration of man -made and natural environments, combining in a balanced design such features as existing topography, grading, hydrology, structures, pedestrian and vehicular use areas, vegetation and views. (3) Screen automobiles and vehicular use areas, dumpsters, buffer conflicting land uses, and enhance the appearance of the public right -of -way. (4) Break up the visual continuity and mass of parking lots into more attractive sub -areas and provide channelization for internal traffic circulation. (5) Conserve energy by providing protective barriers from wind and other natural elements which would otherwise increase heating and cooling cost, provide shade and preserve large trees. (6) To provide for opaque screening and barriers as needed." M M 96 0 0 97 DRAFT NO. 6 PAGE 6 SECTION 3. Sec. 15 -85 shall read as follows: "Sec. 15 -85. Compliance with other ordinances. This article is supplemental to all other ordinances. In the case of conflicting requirements however, the most restrictive shall apply. The provisions of this article are intended to be harmonious, compatible and supportive of those included in the zoning, storm water management and applicable land development ordinances. Landscaping areas required by this article shall overlay, rather than adding to, landscaping areas specified by related ordinances. Detailed landscaping requirements are provided in this article to satisfy the stated intents of these related ordinances." SECTION 4. Sec. 15 -86 shall read as follows: "Sec. 15 -86. Scope. This article applies to site developments and vehicular use areas which are constructed or expanded which are located in a zone or use of higher density than two - family. Additionally, it applies when the existing landscaping is non - conforming and rehabilitation of an existing structure exceeds fifty percent (50 %) of its current cost and is located in a zone or use of higher density than two - family. Additionally, it applies when the existing landscaping in non - conforming and expansion of an existing structure exceeds ten percent (10 %) of its current floor area and is located in a zone or use of higher density than two - family. Based on this scope, this article will apply: (1) To all such future vehicular use areas, as such areas are developed. (2) For any expansion or additions to existing vehicular use areas, or changes in the land use intensity of vehicular use areas, when such expansions or changes are considered by a public body." The Site Development Guideline may be referred to in order to clarify the intent of this ordinance but shall not in any way conflict with the requirements of this ordinance. M M � M M M M M M M 0 0 98 DRAFT NO. 6 PAGE 7 SECTION 5. Sec. 15 -89 (a), (b), (c), and (d) shall read as follows: "Sec. 15 -89. Permit requirements; landscape plan. (a) Permit required. A landscape permit must be obtained from the department of public works before constructing or expanding a vehicular use area. Additionally, a permit is required when expanding or rehabilitating a building and landscaping is required as stated in Section 15 -94. (b) Landscape plan. Before a landscape permit shall be issued, the applicant must submit two (2) copies of a landscape plan to the department of public works. When the vehicular use area is accessory to a building or structure, the landscape plan should be submitted concurrently with the building and site plans of the proposed structure. The landscape plan may be shown on the building site plan and need not be a separate drawing. If, in the case of hardship, an applicant has need to have landscape plantings in public rights -of -way or utility easements, he must submit ten (10) sets of plans with each landscape permit application to the department of public works. The department will submit to all public utilities a copy of the plan for each application at the time the application is filed for their comments. No plantings shall be permitted that will conflict with traffic - control devices, or parking meters, or with fire protection requirements; and no trees shall be planted in front of required knockout panels, exits, etc. The above provision must be demonstrated prior to any permit being issued by the city. (c) Presentation requirements. The name, address and telephone number of the owner, the developer and the designer shall be submitted with the landscape plan. The following information shall be shown on the plan: (1) North point and scale. (2) All dimensions and property line. M M M M M M M 0 M M M 0 M M M M M DRAFT NO. 6 PAGE 8 (3) Existing and proposed lighting, parking spaces, access aisles, driveways, sidewalks, wheel stops, curbs and other vehicular use controls. (4) The location of curb cuts on adjacent property, median openings on abutting streets, related buildings and adjacent land uses. (5) Existing traffic controls, parking meters, utilities, fire hydrants, building exits and storm sewers located on public right -of -way abutting the property. (6) The location, species and size of all existing isolated trees six (6) inches or more in caliper and the outline of all tree masses. Significant shrub masses which are to be preserved should also be shown. Trees or tree masses to remain under the proposed development should be designated as such. (7) The location of all proposed plant materials and the botanical and common names, together with the quality, spacing and size of all such materials. (8) An exterior elevation and a wall section for any opaque screening indicated on the plan. (9) The location of major cuts or fills, drainage, wet or dry detention basins. (10) For sites over two (2) acres in size, representative cross sections must be submitted which show the relative elevations of the vehicular use area with respect to abutting streets and properties. (d) Preservation of existing plant material requirements. The preservation of existing plant material such as specimen trees should be incorporated into the development of landscape plans. In instances where such healthy plant material exists on a site prior to its development, the designated agents may adjust the application of the above - mentioned standards to allow credit for such plant material. Such an adjustment shall be in keeping with the intent of this article. Any removal of existing trees on public rights -of -way must be accomplished in accordance with Section 15 -85." 0 i 100 DRAFT NO. 6 PAGE 9 SECTION 6. Sec. 15 -93 shall read as follows: "Sec. 15 -93. Minimum caliper of trees. Single trunk trees shall have a minimum caliper of two (2) inches measured twelve (12) inches above grade at the time of planting. Multi -trunk trees shall have a minimum caliper of one (1) inch measured twelve (12) inches above grade at planting." SECTION 7. Sec. 15 -94 shall read as follows: "Sec. 15 -94. Remodeling and expansion projects. (a) All vehicular use areas which were in existence prior to the effective date of this ordinance may continue in a non - conforming state until such time as a building permit is granted to rehabilitate a structure on the property exceeding fifty percent (50 %) of the current replacement cost of the structure. At such time fifty percent (50 %) of the existing vehicular use area shall be required to be brought into compliance with the provisions of this ordinance. This shall continue on a graduated scale in accordance with the percentage of rehabilitation cost. (b) Additionally, all vehicular use areas which were in existence prior to the effective date of the ordinance may continue in a non - conforming status until such time as a building permit is granted to enlarge or reconstruct a structure on the property exceeding ten percent (10 %) of its existing gross floor area. At such time ten percent (10 %) of the existing vehicular use shall be brought into compliance with the provisions of this ordinance. This shall continue on a graduated scale until reaching one hundred percent (100 %) of the required landscaping. (c) It is recognized that unique circumstances may exist in conforming with these standards. However, in no case may staff waive more than twenty -five percent (25 %) of these requirements." SECTION 8. Sec. 15- 94 - -15 -110 shall read as follows: "Sec. 15- 95 - -15 -110. Reserved." 11 • DIVISION 2. PLANT MATERIAL SELECTION REQUIREMENTS DRAFT NO. 6 PAGE 10 SECTION 9. Sec. 15 -112 shall read as follows: "Sec. 15 -112. Tree species. (a) Primary list. The following list of trees are those which have been found to be best suited to this area and yet requiring the least amount of maintenance. This list, along with the secondary list, are those trees which may be planted in the required landscaping area. Additional selective trees may be substituted when proven to be hearty to this region: COMMON NAME SCIENTIFIC NAME Bald Cypress Taxodium distichum Chinese Elm Ulmus parvifolia Flowering Bradford Pear Pyrus Calleryana 'Bradford' Ginkgo (male) Ginkgo biloba Honey Locust Gleditsia triacanthos Loblolly Pine Pinus Taeda Pin Oak Quercus palustris Sawtooth Oak Quercus acutissima Sugar Hackberry Celtis laevigata Willow Oak Quercus phellos (b) Secondary list. The following list of trees are those which have been found to be the next best suited to this area but require increased maintenance. COMMON NAME American Holly Crab Apple Crepe Myrtle Dogwood Hawthorn Redbud River Birch Southern Magnolia Swamp Red Maple Water Oak Weeping Willow SCIENTIFIC NAME Ilex opaca Malus spp. Lagerstoemia indica Cornus florida Crataegus opaca Cercis canadensis Betula nigra Magnolia grandiflora Acer rubrum Quercus nigra Salix babylonica" � � 1 101 • DRAFT NO. 6 PAGE 11 SECTION 10. See. 15 -113 shall read as follows: "Sec. 15 -113. Trees /shrubs - Public rights -of -way. All tree species listed in Section 15 -112 and all shrubs listed in Section 15 -114 may be used in the public right -of- way." SECTION 11. Sec. 15 -114 shall read as follows: "Sec. 15 -114. Shrub species. (a) Primary list. The following list of shrubs are those which have been found to be best suited to this area and yet requiring the least amount of maintenance. This list along with the secondary list are those shrubs which may be planted in the required landscaping area. Additional selective shrubs may be substituted when proven to be hearty to this region. COMMON NAME Evergreen Hollies Nandina SCIENTIFIC NAME Ilex species Nandina domestics (b) Secondary list. The following list of shrubs are those which have been found to be the next best suited to this area but require increased maintenance: ' COMMON NAME SCIENTIFIC NAME Abelia _ Abelia grandiflora Boxwood Buxus sempervirens Chinese Photinia Photinia serrulata" SECTION 12. Sec. 15 -116 shall read as follows: "Sec. 15 -116. Ground covers. (a) Primary list. The following list of ground covers are those which have been found to be best suited to this area and yet requiring the least amount of maintenance. This list along with the secondary list, are those ground covers which may be planted in the required landscaping area. Additional selective ground covers may be substituted when proven to be hearty to this region: 102 COMMON NAME Dwarf Nandina Junipers Liriope Memorial Rose Mondo Grass Periwinkle Spreading Euonymus • 103 DRAFT NO. 6 PAGE 12 SCIENTIFIC NAME N. domestics `Harbour Dwarf' Juniperus species Liriope Muscari Rosa Wichuraiana Ophiopogon japonicus Vinca minor E. fortunei 'Radicans' (b) Secondary list. The following list of ground covers are those which have been found to be the next best suited to this area but require increased maintenance: COMMON NAME SCIENTIFIC NAME Carolina Jessamine Gelsemium sempervirens Dwarf Bamboo Arundinaria pygmaea English Ivy Hedera Helix Honeysuckle Lonicera sempervirens" SECTION 13. Sec. 15 -117 shall read as follows: "Sec. 15 -117. Earth berms. Earth berms must be protected from erosion with suitable plant material, ground cover or lawn grass." SECTION 14. Sec. 15 -118 shall read as follows: "Sec. 15 -118. Height of tree trunks. Tree trunk limbs at maturity must be a minimum of eight (8) feet above ground." M DRAFT NO. 6 PAGE 13 DIVISION 3. VEHICULAR USE AREAS SECTION 15. DIVISION 3. VEHICULAR USE AREAS shall be modified to read, "DIVISION 3. LANDSCAPING REQUIREMENTS" SECTION 16. Sec. 15 -131 shall read as follows: "Sec. 15 -131. General site development. Landscaping treatment should be fully integrated into the overall site development, first taking into account requirements for grading, drainage, storm water detention, buffers, utilities, buildings, and retention of existing trees." SECTION 17. Sec. 15 -132 shall read as follows: "Sec. 15 -132. Screening requirements. The grading and landscaping of a site shall be accomplished in such a way as to visually screen the vehicular use area and certain other activities external to buildings on the site from the street and abutting development of dissimilar use. Existing and planted vegetation, berms, fences, walls and other landscaping devices may be used to achieve the required screening, in accordance with the following minimum standards: (a) Abutting properties. Where land use of a more restrictive nature is adjacent to abutting property that requires screening under this ordinance at least sixty -five percent (65 %) of the view of the vehicular use area and automobiles parked thereon when the vehicular use area is fully utilized, shall be screened so as to not be visible when viewed from the more restrictive use; for other adjacent land uses, at least forty percent (40 %) of the view of the vehicular use area and automobiles parked thereon when the vehicular use area is fully utilized, shall be screened. For this provision land use restrictiveness shall be judged in the following order, with the last category being the most restrictive: industrial, commercial, office, multi - family, duplex and single family. When complying with this provision, the degree of screening shall be determined based upon an averaging of perspectives taken at a height of sixty (60) inches above and along the building line on the abutting property parallel to the common property line. 104 i DRAFT NO. 6 PAGE 14 (b) Abutting street. At least forty percent (40 %) of the view of the vehicular use area and automobiles parked thereon when the vehicular use area is fully utilized, shall be screened so as to not be visible when viewed from the abutting street. For purposes of complying with this provision, the degree of screening shall be determined based upon an averaging of perspectives taken at a height of thirty -six (36) inches above and along the top of curb of the abutting street, excluding driveway openings unto the street. In the absence of an established curb, the perspective shall be taken at a height of forty -two (42) inches above the edge of the nearest traffic lane abutting the site. (c) Special screening. At least eighty percent (80 %) of the view of dumpsters, loading docks, heating and air conditioning units, external storage of materials, communications equipment and similar outside activities and appurtenances shall be screened so as to not be visible when viewed from abutting properties and streets. Compliance with this provision shall be determined on the bases established in (a) and (b) above. In addition, an eight (8) foot high opaque screen shall be provided on at least three (3) sides of dumpsters or trash containment areas. (d) Plant growth. In determining the extent of screening provided, consideration shall be given to normal growth characteristics associated with each type of plant material used in the building plan. Screening standards given above shall be satisfied based on the following plant conditions: (1) the size of each plant three (3) years after the landscape plan is completed, and (2) the size of each pant at full maturity. (e) Species and spacing requirements. Screening standards described above are intended to apply during all seasons of the year. A minimum of fifty percent (50 %) of the trees and minimum of seventy -five percent (75 %) of the shrubs to be used for screening purposes shall be evergreen varieties. Maximum spacings of fifteen (15) feet for trees and three (3) feet for shrubs should normally be utilized in order to provide continuous one hundred percent (100 %) screening of the view. 105 ■w M M M M M M M M 0 DRAFT NO. 6 PAGE 15 (f) Small sites. For sites two (2) acres or less in size, screening standards described above may at the option of the applicant, be simplified as follows: (1) If the site is generally not less than two (2) feet below the adjacent street or property grade, screening shall be assumed sufficient if there is a continuous opaque barrier, earthen berm of shrubbery thirty (30) inches or more in height above the related perimeter landscaping strip. Normally, shrubs should be spaced three (3) feet apart to achieve continuous screening. (2) If the site is two (2) feet or more below the grade of the adjacent street or property, screening shall be assumed sufficient if trees are spaced at a spacing of twenty (20) feet or less, on the average, along the related perimeter landscaping strip. (g) Security and esthetic concerns. Breaks may be incorporated in the screen for esthetic or security reasons." SECTION 18. Sec. 15 -133 shall read as follows: "Sec. 15 -133 Perimeter planting strips. (a) A perimeter planting strip shall be required along any side of a vehicular use area that abuts adjoining property or the right -of -way of any street, highway, or freeway. This strip shall be at least six (6) feet wide. (b) One (1) tree and four (4) shrubs or vines for each forty (40) linear feet shall be planted in the perimeter planting strip. The width of driveways crossing the perimeter strip shall be subtracted from the length of the perimeter strip, for purposes of complying with this provision. (c) Where a fence or wall is utilized in a perimeter planting strip adjacent to a street, four (4) shrubs or vines shall be planted each forty (40) linear feet along both sides of the fence or wall. 106 107 DRAFT NO. 6 PAGE 16 (d) Where a fence or wall is utilized in a perimeter planting strip, the fence or wall must be constructed with the face toward the adjacent property with any supporting structural members screened from view of the adjoining property. (e) Where the perimeter strip is part of a wide buffer area which is to be maintained in a natural state with dense undergrowth, up to one hundred percent (100 %) of the shrubbery requirement may be waived." SECTION 19. Sec. 15 -134 shall read as follows: "Sec. 15 -134 Interior landscaping. (a) Interior landscape plantings shall comprise at least six percent (6 %) of any vehicular use area containing more than fifteen (15) parking spaces. (b) The minimum size of an interior planting area shall be one hundred (100) square feet. At least one -third (1/3) of the total interior planting area shall be provided in individual areas of two hundred (200) square feet or greater. (c) Trees shall be included in the interior landscaping areas at the rate of one (1) tree for each fifteen (15) parking spaces." SECTION 20. Sec. 15 -135 shall read as follows: "Sec. 15 -135 Building landscaping. (a) Landscape areas shall be provided between the vehicular use area used for public parking and the building they serve. (This would exclude truck loading of service areas not opened for public parking.) These areas shall be in aggregate equal to an equivalent planter strip three (3) feet wide along the vehicular use area. (b) One (1) tree and four (4) shrubs shall be planted in these building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. J • DRAFT NO. 6 PAGE 17 (c) For buildings greater than forty (40) feet in height at least one -third (1/3) of the trees to be placed in the building landscaping area shall be of a species with a mature height greater than thirty (30) feet. (d) The size and location of planter areas and the placement of trees and shrubs within these planter areas should be freely adapted to meet local site conditions. SECTION 21. Sec. 15 -136 shall read as follows: "Sec. 15 -136 Exceptions. (a) All parking lots used solely for the purpose of providing commercial for rental or lease parking as a business will be required to meet the normal landscaping requirements with the following exceptions: (1) Perimeter landscaping will not be required when said landscaping would be adjacent to a building without side setback on the side adjacent to the parking lot and which side has no windows. (2) The percentage of street screening required may be reduced to twenty percent (20 %). (3) Perimeter landscaping strip width may be reduced to four (4) feet. (4) Interior landscape plantings required may be reduced to three percent (3 %) of any vehicular use area containing more than fifteen (15) parking spaces. (b) Industrial sites will be required to meet the normal landscaping requirements with the following exceptions: (1) Industrial yards and compounds used for storing materials, manufactured products, equipment, truck loading and unloading shall be excluded from interior landscaping requirements. (2) Industrial sites adjacent to other industrial sites shall not be required to provide perimeter landscaping strips behind the building lines between said sites." 108 0 100 DRAFT NO. 6 PAGE 18 SECTION 22. Sec. 15 -137 shall read as follows: "Sec. 15 -137 Protection of landscaping. Raised concrete curbing or other approved devices shall be placed around the base of each landscaped area to protect plantings from automobile and pedestrian traffic. Such curbing should be offset two (2) feet from planting areas abutting parked vehicles, in order to protect plantings from vehicle front end overhang and vehicle doors opening into planter areas." SECTION 23. Sec. 15 -138 shall read as follows: "Sec. 15 -138 Use of live plant material. At least fifty percent (50 %) of landscape areas must be covered by live plant material at the time of plant maturity. Grass to be considered as satisfying landscape area requirements must be solid sod." SECTION 24. Sec. 15 -139 shall read as follows: "Sec. 15 -139 Sight distance requirements. Plant materials and other landscaping elements placed in areas of traffic shall be designed to maintain adequate sight distance for vehicular and pedestrian traffic. Normally, shrubs, fences and walls in these areas should be less than thirty (30) inches of height above the grade of the vehicular use area. Trees in these areas should be regularly pruned to maintain eight (8) feet of clearance under limbs." SECTION 25. Sec. 15 -140 shall read as follows: "Sec. 15 -140 Treatment of land use buffers. (a) Requirements for landscaping in land use buffers shall be the same as perimeter landscaping requirements. Buffer width shall be determined by the Zoning Ordinance. (b) Natural vegetation and undergrowth often have scenic and ecological value and therefore, when approved, may be used in lieu of normal landscaping requirements. Each site must be evaluated on an individual basis. (c) A minimum of sixty percent (60 %) of the land use buffer must be maintained in a natural state." i i DRAFT NO. 6 PAGE 19 SECTION 26. Sec. 15 -141 shall read as follows: "Sec. 15 -141 Treatment of hillside cuts and slopes. (a) Hillside cuts present a variety of soil conditions and must be reviewed on an individual basis for appropriate ground cover. (b) Existing trees and ground covers should be protected when feasible and vegetation must be reestablished within one (1) year of project completion to avoid erosion and siltation. (c) When large rock formations exist on the finished grade, vines may be used as ground cover. (d) The following procedures must be followed according to grade of slope: (1) Zero (0) to thirty percent (30 %) grade requires vegetation with sod and /or ground cover. (2) Thirty -one (31) to forty percent (40 %) grade requires vegetation with netting and ground cover, either hydroseeded or in containers. (3) Over forty percent (40 %) grade requires rip -rap with soil separating fabric. (e) Curbing, fencing, grading or other physical protection should be provided at the base of cuts and fills in order to contain fallen rock and erosion. (f) Trees shall be planted along benches used in hillside cuts and fills. The average spacing between these trees shall be greater than twenty (20) feet." SECTION 27. Sec. 15 -142 shall read as follows: "Sec. 15 -142 Protection of existing vegetation. Care should be taken during the development of a site to avoid damage to trees and the surrounding ground surface area, especially within the tree drip line, in order to protect the feeder root system of existing trees. M i�o 1�1 DRAFT NO. 6 PAGE 20 (a) Construction practices to be avoided include: (1) Compaction of the root system. (2) Scaring or defacing of tree bark. (3) Disturbing surrounding soil by trenching. (4) Modifying elevation of surrounding soil. (5) Placing impervious surfaces over the root system such as asphalt or concrete or drastically modifying the existing drainage system. (b) Adequate drainage and aeration of the root system should be provided for when modifying soil elevation around trees. Proper regrading and installation of tree wells can assist in achieving this standard. (c) Construction practices may include barricading of root system areas and providing a track surface for heavy equipment circulation. (d) When damage has occurred to the root system, the same percentage of tree canopy should be selectively pruned and trimmed back as root system destroyed. Root stimulators, deep watering and fertilization should then be implemented to enhance the recovery process." SECTION 28. Sec. 15 -143 shall read as follows: "Sec. 15 -143 Flexibility in applying standards. (a) It is the intent of these provisions to allow reasonable and appropriate flexibility for adapting landscaping design standards described in this article to the specific conditions of an individual site. (b) Areas established for zoning buffers, hillside buffers, storm water detention basins and utility easements may be used and counted as satisfying landscape area requirements stipulated by this article. NW M M M M DRAFT NO. 6 PAGE 21 (c) Up to one -third (1/3) of the perimeter planter area and associated trees and shrubs can be shifted from one area of the site to another for the purpose of improving visual esthetics or for other appropriate environmental concerns. (d) Up to two- thirds (2/3) of the building planter area and associated trees and shrubs can be shifted to another area of the site for the purpose of improving visual esthetics or for other appropriate environmental concerns. (e) Where a vehicular use area is devoted strictly to access or loading or commercial loading, up to two - thirds (2/3) of the landscape area, trees, and shrubs associated with this vehicular use area may be shifted to other areas on the site. (f) Planter areas located within thirty (30) feet of the right -of -way line may be counted as part of the street side perimeter planter strip rather than as interior planting. (g) Up to one -third (1/3) the number of trees or shrubs may be reduced for any given landscape area by compensating at the equivalent of one (1) tree for every four (4) shrubs. (h) Three (3) new trees may be eliminated for each existing tree preserved according to proper procedures with a trunk diameter in excess of six (6) inches." SECTION 29. Sec. 15- 134 - -15 -150 shall read as follows: "Sec. 15- 144 - -15 -150 Reserved." SECTION 30. Effective Date. This code shall be in full force and effect sixty (60) days from and after its passage. PASSED: April 3, 1990 ATTEST: APPROVED: M M 112 CityVClerk JanOf Czech Mayor F oyd . Villines, III 0_q a k_)3