O407ORDINANCE NO. 407
AN ORDINANCE AMENDING THE KENNEDALE CITY CODE (1991),
AS AMENDED, BY ADDING A NEW ARTICLE VIII "LANDSCAPE
STANDARDS" TO CHAPTER 17; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, in order to preserve the public health, safety and welfare, the city
council of the City of Kennedale has determined that it is necessary to adopt standards
and criteria for new landscaping and the retention of existing trees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 17 "Planning and Land Development" of the Kennedale City Code is
hereby amended by adding a new Article VIII "Landscape Standards" to read as follows:
ARTICLE VIII. LANDSCAPE STANDARDS
Sec. 17-601. Purpose.
It is the purpose of this article to establish certain regulations pertaining to landscaping within
the city. These regulations provide standards and criteria for new landscaping and the retention
of existing trees, which are intended to:
(1) Promote the value of property, enhance the welfare, and improve the physical
appearance of the city;
(2) Reduce the negative effects of glare, noise, erosion, and sedimentation caused
by expanses of impervious and un-vegetated surfaces within the urban
environment; and
(3) Preserve and improve the natural and urban environment by recognizing that the
trees can contribute to the processes of air purification, oxygen regeneration,
groundwater recharge, abatement of noise, glare and heat, provision of habitats
for wildlife, and enhance the overall beauty of the city.
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Sec. 17-602. Applicability.
The requirements contained in this article shall be applicable to all zoning districts in the City
exce t for the AG, R-1, R-2 and R-3 zoning districts; however any non-residential use (such as,
but not limited to, governmental, nonprofit, religious, institutional and educational facilities)
located within the AG, R-1, R-2, and R-3 zoning districts, which involves the construction of any
principle structure, parking area, or sign, shall comply with the requirements contained in this
article. The requirements in this article shall apply in the following situations:
(1) When an existing building is proposed for remodeling, alteration, addition, or
expansion, and the value of the proposed construction exceeds seventy-five
percent (75%) of the current appraised value of the existing structures, excluding
the value of the land; or
(2) When an existing building is proposed for an addition that will have the
cumulative effect of increasing the footprint of the original building existing on the
date of the adoption of this article by more than fifty percent (50%); or
(3) When new construction is proposed on the property; or
(4) As a requirement of the approval of a Rezoning, Special Use Permit or Planned
Unit Development; or
(5) When a new certificate of occupancy is requested and two (2) or more years has
passed since the last occupancy of the property; or
(6) There is a change in use of the property. A change in use shall be defined as
occurring when one of the following conditions is satisfied:
a. The new use of the property is first allowed in a less restrictive (more
intensive) zoning district than the most recent use; or
b. A rezoning to a less restrictive (more intensive) zoning district
classification is necessary.
Sec. 17-603. Landscaping requirements.
All landscaping required or permitted by this article shall comply with the following provisions:
(1) Required Landscape Area -Fifteen percent (15%) of the total land area in any
proposed development shall be landscaped. Grass, groundcover, berms, trees,
shrubs, flowering and non-flowering plants, stonework, and water features may
all be used as components of required landscaping in conjunction with the
following minimum planting standards.
(2) For every five hundred (500) square feet of required landscape area, or fraction
thereof, one tree from Table A below of three inch caliper or larger is required.
(3) Up to fifty (50%) of the required number of trees may be replaced by five gallon
shrubs at the rate of one tree equals ten (10) shrubs
(4) The use of native and adapted, drought tolerant plants is encouraged to meet
requirements of this article;
(5) Artificial plants or artificial turf are expressly prohibited;
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(6) No landscape setback shall be covered with any impervious surface, permeable
pavers, gravel, or other paving materials except for those limited areas to be
used for driveways or access-ways for ingress and egress to the property.
Sec. 17-604. Location criteria.
(a) At least fifty percent (50%) of the total required landscape area and landscape
vegetation shall be located between the front property line and the building(s) being
constructed. The remaining required landscaping may be located throughout the site.
(b) There shall be no adjustment for existing trees.
(c) Nothing herein provided shall be construed as permitting any obstruction to view which
may constitute a traffic hazard upon any public street. It shall be unlawful for any person,
owner, or business to erect or place or cause to be erected or placed on any property under his
possession or control any hedge, plant, tree, shrub, or other growth or any fence, wall, or other
structure in such a manner or at such location as to constitute an obstruction to view creating a
traffic hazard. On corners, when doubts may exist regarding site obstructions, approval of the
city engineer will be required. All landscaping shall comply with these visibility requirements.
(d) Trees may NOT be planted beneath utility lines.
Sec. 17-605. Recommended landscape plants.
The recommended landscape plants are identified below in Table A
TABLE A
(a) Ground covers. The following list of ground covers and any other ground covers which are
demonstrated to be drought resistant and provide a dense covering are recommended in all
landscape setbacks.
Common Name Botanical Name
Creeping Liriope Liriope Spicata
Euonymous Euonymous Fortunie Kewenis
Purple Leaf Honeysuckle Lonicera Japonica Halliana
sian Jasmine Trachelosspermum Asiaticum
Chinese Juniper Juniperus Chinesis Sargentii
Shore Juniper Juniperus Conferta
amarix Juniper Juniperus Sabina
Santolina Santolina Chamaecyparisus
Santolina Virens
inca inca Major
Mondograss Ophiopogon Japonicus
(b) Street trees. The street trees named below and any other street tree which, when mature
will attain a minimum height of twenty (20) feet and a six-inch caliper, which can be
demonstrated to be drought resistant and possess compact root systems posing minimum
danger to the integrity of public utilities are recommended in all landscape setbacks.
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Common Name Botanical Name
Shumard Red Oak Quercus Shumardii
exas Red Oak Quercus Exana
Live Oak Quercus Virginian
Bur Oak Quercus Macrocarpa
Cedar Elm Ulmus Crassifolia
Bald Cypress Taxodium Distichum
Pond Cypress axodium Distichum
(var. Nutans)
Pecan Carya Illinoionenses
Pistachio Pistachio Chinensis
Lacebark Elm Ulmus Paryifolia
(c) Flowering and ornamental trees. The following list of flowering and ornamental trees and
any other flowering or ornamental trees which are demonstrated to be drought resistant and
possess compact root systems posing minimum danger to the integrity of public utilities are
recommended in all landscape setbacks.
Common Name Botanical Name
Crepe Myrtle Lacterstroemia Indica
Bradford Pear Pyrus Calleryana Bradford
Mexican Plum Prunus Mexicana
Deciduous Holly Ilex Dedicua
Redbud-Oklahoma Cercis Canadensis Oklahoma
Japanese Black Pine Pinus Thunbergiana
ustrian Pine Pinus Nigra
Desert Willow Chilopsis Linearis
hite Saucer Magnolia Magnolia Heptapeta
fgan Pine Pinus Eldarica
Sec. 17-606. Buffers.
A landscaping buffer meeting the following requirements shall be installed adjacent to public
rights-of way:
(1) A minimum landscape setback of ten (10) feet from the nearest right-of-way line
shall be required.
(2) The following provision is intended to produce an aesthetically attractive tree-
lined streetscape along City roadways. In addition to the landscape requirement
set forth above, there shall be provided along all street frontages trees as listed
in Table A, Part b planted at the rate of one (1) tree for every fifty (50) linear feet
or fraction thereof, of street frontage as measured at the property line. Street
trees shall be planted within twenty-five (25) feet of the front property line and
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shall be a minimum of twenty-five (25) linear feet apart and a maximum of fifty
(50) linear feet apart. On Corner and Double-Frontage lots, street trees shall be
planted along all street frontages in the same manner as set forth herein.
Sec. 17-607. Landscaping of parking lots.
Parking Lot Location and Screening Requirements
(1) All parking lots and drive areas shall be designed and landscaped in accordance
with the following provisions:
a. All parking or drive areas shall be located a minimum of twenty (20) feet
from right of way lines along public streets.
b. All parking located within fifty (50) feet of the front property line or sixty
(60) feet from the edge of street pavement, whichever is less, shall be
screened from public rights-of-way using a solid screen in the landscape
strip. The screen shall be at least twenty four (24) inches in height,
located within five (5) feet of the edge of the parking surface and be
achieved through one of the following methods:
i. A berm;
ii. A planting screen (hedge);
iii. A wall, using masonry materials similar to those used in the main
building facade; or
iv. A combination of the above.
(2) Internal Parking Lot Landscaping Standards -Landscaped areas in a parking lot
shall be in addition to all other landscape requirements of this ordinance and
shall be provided in any parking lot of five (5) spaces or more in accordance with
the following requirements.
a. One tree shall be provided for each twenty (20) parking spaces in all
developments, however, no car parking space shall be located greater
than a hundred (100) feet from the center of a tree. Trees shall be a
minimum of three inch caliper measured one foot from the ground and
planted within a planting island with a minimum dimension of five feet in
width. The tree-planting island must be further planted with a ground
cover, grass, or shrubs and may be counted toward the total required
square footage of required landscaping.
(3) Vehicle Protection: All required landscape areas, planters, walls, and/or fences
adjacent to vehicle use areas shall be protected by wheel stops, curbs, or other
physical barriers. In no instance shall a parking area be designed so as to permit
the encroachment or overhang of a vehicle beyond the required setback line set
out in (1) above.
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(4) No parking facility shall be permitted within any landscape setback except as
provided below:
a. Where adeceleration/acceleration lane and transition area are dedicated,
a parking facility may encroach into the required landscape setback area
abutting such lane and transition area, provided that no parking facility
shall be located within five (5) feet of the nearest right-of-way line
Sec. 17-608. Landscaping plan required.
A scaled landscape plan shall be submitted to the building official in accordance with the
requirements approved by the City Manager. The plan shall indicate all landscaping features to
meet the minimum turf and/or screening requirements. If there are no landscaping requirements
to be fulfilled other than the requirement for turf, the landscape plan shall be waived.
Sec. 17-609. Installation and maintenance.
(a) All required landscaped area shall be permanently landscaped with living plant material.
(b) All plant materials shall be maintained in a healthy and growing condition as is
appropriate for the season of the year. Maintenance shall include mowing, watering, trimming,
pruning, etc.
(c) Plant materials which die shall be replaced with plant material of similar variety and size.
Sec. 17-610. Certificate of Occupancy.
All landscaping shall be completed and installed in accordance with the approved landscape
plan prior to a Certificate of Occupancy being issued.
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Sec. 17-611. Nonconforming uses and/or structures.
All uses that were in existence at the time of the adoption of this article, which do not meet the
landscape requirements will be considered nonconforming. These nonconforming
uses/structures will be subject to Section 17-428 of the Zoning Ordinance unless otherwise
provided by this article.
Sec. 17-612. Relief from landscaping requirements.
Where the application of the requirements of this article presents a hardship for the
redevelopment or re-occupancy of an existing developed property, the landowner may make
application to the City in the same manner as a Request for Rezoning (including payment of
fees, application requirements, public notification, etc.) along with a site plan for the proposed
development of the property indicating the effort to comply with the spirit and intent of the
regulations contained in this article. The Building Board of Appeals may authorize a relaxation
of these provisions when it finds that a sincere and reasonable effort has been made to satisfy
the regulations and may attach such other additional conditions as may be necessary to ensure
that the use of the property is in compliance with the requirements of this article to the maximum
extent reasonable and practical; and furthermore, finds that such action is in the best interest of
the community.
Sec. 17-613. 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:
Artificial plants. A manufactured or assembled representation of live plant material constructed
from man-made material for the purpose of closely resembling live plant material and to be used
as a substitute to live plant material.
Berm, Mounded earth forms useful in screening views and providing a sense of enclosure or in
the control of the flow of surface water.
Caliper. The diameter of the trunk of a tree measured twelve (12) inches above the ground
level.
Development. The changing of the existing topography in order to promote the construction or
structures or infrastructure to accommodate any improvements necessary to erect facilities for
dwelling or commercial or industrial, (including governmental, nonprofit construction, and
educational facilities), uses resulting in developed property,
Grasses. Thin and broad bladed surface material typically planted from seed, sprigs, or plugs
with the intention of providing a uniform and aesthetic ground cover very close to the surface of
the ground.
Groundcover. Consists of low-growing, dense-spreading plants typically planted from
containers.
Landscaping. The planting, arranging, cultivating, and maintenance of live plant material in such
a manner that said material is aesthetically pleasing and contributes to the overall design of a
development site.
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Landscape area. Consists of an area included in and around a development site that has been
planned to complement the development site with natural grass, ground cover, trees, or other
natural plant materials.
Ornamental Tree. A single or multi-trunk tree with a minimum height of fifteen feet (15) and a
maximum height of thirty feet (30') and a maximum crown diameter of thirty feet (30').
Shrubs. Consists of plants that grow vertically in amulti-branched growth pattern from the
ground level to heights usually not to exceed six feet. These plants may be sculpted and
trimmed to present aesthetic shapes and forms.
SECTION 2.
This Ordinance shall be cumulative of all other ordinances of the City of
Kennedale, and shall not repeal any of the provisions of such ordinance except in those
instances when provisions of such ordinances are in direct conflict with the provisions of
this ordinance, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of the ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined, upon conviction, not more than Five Hundred Dollars ($500.00) for each
offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
SECTION 5.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to
any ordinances affecting landscaping that have accrued at the time of the effective date
of this Ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the Courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication
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clause and effective date clause of this ordinance as provided by Section 3.10 of the
Charter of the City of Kennedale.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 14th DAY OF AUGUST, 2008.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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