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2019-014 Amending Zoning Ordinance No. 1710 to add Section 30 "Buffering Regulations"ORDINANCE NO. 2019-014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, TO ADD SECTION 30, "BUFFERING REGULATIONS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957, and 1965; and WHEREAS, additional amendments were added to Zoning Ordinance No. 1710 (April 12, 1965) during 1971 through 1987, 2012 and in 2016 through 2019; and WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not, in certain instances, reflect current and appropriate American zoning practice; and WHEREAS, the City of Paris staff and officials desire to partially update and amend portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and development of the City of Paris, Texas; and WHEREAS, the City Council finds it desirable to require certain landscaping, screening, and buffering standards in the city; and WHEREAS, on March 4, 2019, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested amendments; and WHEREAS, on March 25, 2019, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendments to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid amendments would be consistent with the City Zoning Ordinance, and in the best interests of the public health, 1 safety, and welfare of the citizens of the City of Paris by a vote of 7 ayes and 0 nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to add Section 30, "Buffering Regulations," to read as follows in its entirety: "Section 30. Buffering Regulations "30-100 REQUIRED LANDSCAPING "30-101 General. In all areas other than single-family and two-family dwellings, at least fifteen percent (15%) of the gross lot area (excluding rights-of-way) shall be maintained as landscaped area and shall comply with the following standards. In manufacturing or industrial zoning districts, at least ten percent (10%) of gross lot area (excluding rights -of way) shall be maintained as landscaped area and comply with the following standards: "1. All required perimeter buffers and off-street parking interior landscaping shall be included in the overall minimum fifteen percent of gross site landscaping. "2. Decorative paving square footage may be included in a required landscape area square footage if approved by the city engineer or his/her designee in lieu of the standard city sidewalk specifications. "3. No tree may be planted within five feet of any impermeable surface or area, unless approved by the city engineer, or a greater distance is required due to tree species. "4. The existing natural landscape character shall be preserved to the extent reasonable and feasible. In an area of the street frontage containing a stand of trees, the developer shall use good -faith efforts to preserve such trees, consistent with Chapter 32, Trees, of the City of Paris Code of Ordinances. "30-102 Perimeter buffer landscape requirements. "1. Buffer types. "a. Right-of-way. Right-of-way (ROW) buffers shall be provided along all street frontages except alleys. ROW buffers shall not be required for individual single- family or duplex dwellings. 2 "b. Compatibility. Compatibility buffers shall be provided between all compatible use types, except the case where single-family residential subdivisions are adjacent to other single-family residential subdivisions. "c. Incompatibility. Incompatibility buffers shall be provided between all incompatible use types or incompatible zoning districts. "2. ROW buffer. "a. Width. The total minimum width of the buffer along streets, thoroughfares, or other means of vehicular access shall be fifteen (15) feet. "b. Planting pattern for perimeter ROW buffer. One hundred percent (100%) of the buffer length shall be composed of a continuous opaque vertical landscape screen. The area of the buffer not planted with trees and shrubs shall be landscaped with ground cover or turf grasses. "c. Clustering. Canopy trees and ornamental trees may be clustered in ROW buffers, subject to the following standards: "(1) Clusters shall be spaced no more than fifty (50) feet on center. "(2) Clusters shall consist of trees of varied height, which when averaged, equal the minimum tree height requirements. "d. Easements & appurtenances. Where the perimeter buffer overlaps an easement, the property owner shall be responsible for maintaining the required landscaping, consistent with this ordinance. "3. Compatibility buffer. Compatibility buffers shall serve to provide a minor transitional buffer between similar land uses. A compatibility buffer with a minimum width of six (6) feet shall be provided along all property lines where there is no existing buffer. "4. Incompatibility buffer. An incompatibility buffer shall be required between all 3 incompatible use types or incompatible tracts in a planned development. An incompatibility buffer with a minimum width of ten (10) feet shall consist of a continuous, opaque landscape barrier. The landscape barrier shall either be a hedge, fence or a wall. Should the building height difference between adjacent uses be greater than thirty (30) feet the buffer shall be increased to a minimum of fifteen (15) feet. "5. Trees and shrubs. Trees and shrubs shall be provided in all perimeter buffers in accordance with the following standards: "a. Trees. "(1) ROW buffers. One canopy tree per 35 lineal feet of frontage. "(2) Compatibility buffers. One tree per 50 lineal feet along property line. "(3) Incompatibility buffer. One canopy tree per 35 lineal feet along property line. "b. Shrubs. "(1) ROW buffers. Ten evergreen shrubs per 30 lineal feet. "(2) Compatibility buffers. Ten evergreen shrubs per 30 lineal feet. "(3) Incompatibility buffers. Ten evergreen shrubs per 30 lineal feet. "6. Walls and fences. If a masonry wall is required within an incompatibility buffer or otherwise provided as part of the proposed landscaping, the wall shall adhere to the masonry wall standards provided herein below. "7. Area measurement. The width of access ways that traverse required perimeter landscape buffers shall not be included in the calculation of linear dimension. "8. Buffer width reduction. The required buffer width may be reduced by fifty percent (50%) where a project is separated from a ROW by a lake, stream, open space, or combination thereof, with a minimum width of eighty (80) feet. The city engineer or his/her designee may reduce the required incompatibility buffer width by fifty percent (50%) for development tracts adjacent to a lake, stream, or open space area one hundred (100) feet in width or if the same type of buffer exists on the adjacent property. "30-200 SCREENING STANDARDS. "30-201. General. The placement of natural landscape materials (e.g., trees, shrubs, and hedges) is the preferred method for buffering differing land uses, for providing a transition between adjacent properties, and for screening the view of any parking or storage area, refuse collection, utility enclosures, or other service area visible from a public street, alley, or pedestrian area. Plants may be used with fences or berms to achieve the desired screening or buffering effect. Plant material should be mature enough at the time of planting to provide an effective buffer or screen, and should be planted in an appropriate location to 4 allow for desired growth within a reasonable period of time. When used to screen an activity area such as a parking lot, landscaping shall not obstruct the visibility of motorists or pedestrians or interfere with public safety. "30-202. Screening of service and off-street loading spaces. All service areas and designated off-street loading spaces on a site shall be screened from all public and more restrictive, conforming adjacent uses. Screening shall comply with the following standards: "1. To the maximum extent feasible, service and off-street loading areas shall not be visible from public streets. If a service or loading area will be visible from a public street, approval of the planning and zoning commission shall be required as part of a site plan for a permitted use. "2. No service and off-street loading areas shall be located within twenty (20) feet of any public street, public sidewalk, or internal pedestrian walkway. "3. Vehicle maneuvering areas shall not encroach into required landscaped areas. "4. Service and off-street loading areas shall be incorporated into the overall design of the building and landscaping so that visual and acoustic impacts are fully contained and out of view from adjacent properties and public streets. "5. Service areas shall be concealed by a method of screening comprised of materials at least eight (8) feet in height measured from the horizontal plane passing through the nearest point of the off-street loading space or service area. Such screening may be provided by using one of the following methods; however, off-street loading spaces located adjacent to residentially zoned property or existing residential uses shall utilize a masonry wall. "a. Masonry wall standards set forth herein below. "b. Ornamental metal fence and/or berm in conjunction with solid landscape screening, per the following standards: "(1) The ornamental metal fence shall have a minimum height of six (6) feet. "(2) The berm shall have a maximum side slope of 4:1 and a minimum crown width of one and one-half (11/2) feet. "(3) The area shall be designed so that a berm will undulate from its lowest point to maximum height, not to exceed five (5) feet in height. "30-203.Dumpster and trash compactor screening. "1. Dumpsters shall be enclosed on three sides with six (6) foot masonry walls constructed of the same materials and finishes as the buildings; a solid double metal gate shall be required on the fourth side, and shall be kept closed at all times other than for immediate access. The opening shall not face, or shall be screened from, a public street or access easement. Approval of the planning and zoning commission 5 shall be required to use alternative materials, as part of a site plan for a permitted use. "2. An eight (8) foot wall constructed of the same materials and finishes as the buildings shall be provided around compactors. "3. Screens are not required for dumpsters in nonresidential developments when located in the service area and screened by the buildings, wing wall or screening wall from public view. "4. Dumpsters are required and shall be identified on a site plan for all developments that require a site plan. The specific screening requirements specified in this section shall be placed on the site plan. "30-204. Masonry wall standards. "1. Design and materials. A masonry screening wall shall consist of a reinforced wall of the same materials, color, and texture as used on the primary structure on the site, having a minimum height of six feet and a maximum height of eight feet. The wall shall include masonry details and form varying angles similar to the primary structure. A graphic detail and schedule of materials shall be shown on the facade plan. Reinforced concrete footings are required and shall be designed, and signed by a structural engineer licensed to practice in the State of Texas. "2. Engineering requirements. Plans and specifications for the wall shall be submitted with the civil plans and approved by the city engineer. "3. Installation of landscaping between wall and alley. Where a masonry screening wall erected pursuant to this section abuts an alley, any required landscaping shall be installed between the nonresidential use and the screening wall, rather than between the screening wall and the alley. "4. Maintenance easement. A minimum five-foot (5') wall maintenance easement shall be required within residential lots that abut the masonry screening wall. "5. Conflict with easements. If the placement of the wall conflicts with an easement, the wall shall not encroach upon the easement, unless otherwise approved by the city engineer. "6. Public visibility. Landscaping shall be required to be planted along the face of masonry walls that are visible from public parking or public rights-of-way. Said landscaping shall consist of native shrubs or plant material evenly distributed along the wall frontage. Where a masonry wall is adjacent to a public right-of-way, the landscaping requirements for the ROW buffer shall satisfy the requirements of this section. "7. Additional requirements. "a. The wall shall be designed so that water will drain under, through, and away X from the wall on all sides. No ponding of water shall be allowed. "b. The wall shall be designed with footing or pier and sized to allow for no more than one inch of movement over eight feet. "c. Unless otherwise constrained by topography, curvature, and/or location of infrastructure, where walls are aligned with residential alleys, the face of the wall or column shall be a minimum of one (1) foot from the property line. "d. Masonry wall construction shall be in accordance with city design specifications. "e. Slip -form or similar type walls are prohibited. "30-205. Living screen standards. If a living screen is authorized, it shall consist of a berm and plant materials, alongside a wrought iron fence, and shall comply with the following standards: "1. The berm shall have a maximum side slope of four to one and a minimum crown width of one and one-half (11/z) feet. "2. The berm shall undulate from one foot to the maximum height not to exceed five (5) feet in height. "3. Large evergreen -type shrubs shall be used and planted appropriately. In. addition, the plant materials shall: "a. Be located in a bed that is of a width suitable for the required plant spacing, but at least five (5) feet wide. The city engineer or her/his designee may require a wider bed width depending on type, species and/or growing habit. "b. Be planted in staggered rows over the entire length of the bed unless the city engineer or his/her designee approves an alternative planting density as being capable of providing a solid screen within one year of planting. "c. Be a minimum of eight feet in height at time of planting and provide the required visual barrier. "d. A wrought iron fence having a minimum height of not less than six (6)feet or more than eight feet in combination with evergreen plant material (minimum eight (8) feet in height at time of planting) is required if a living screen is proposed. "4. When large evergreen -type shrubs are planted as part of the living screen, other shrub requirements contained in this Code shall be waived only for the particular buffer where the living screen is planted." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. 7 Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session on this the 25th day of May, 2019. APPROVED AS TO FORM: �w Stepl anie H. Harris, City Attorney Step -11 J. Clifford, .D., Mayor