Trinity River Corridor:
The city’s environmental health can be exponentially improved by using this natural resource as a destination and scenic amenity, restoring habitat in floodplain areas, preserving and enhancing the Great Trinity Forest and other natural areas, and welcoming visitors and residents to the river’s edge with trails.
Policy 6.4.1 Identify and prioritize ecologically sensitive areas. (Page II-6-13)
This ordinance is an abridged version provided solely for education purposes. This code is incomplete and should not be considered for anything but reference.
SEC. 51P-883.102. PROPERTY LOCATION AND SIZE.
PD 883 is established on property located on the north and south lines of Great Trinity Forest Way. The size of PD 883 is approximately 2,120.8 acres.
SEC. 51P-883.103. DEFINITIONS AND INTERPRETATIONS.
(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this article:
(3) ECOLOGICALLY SUITABLE PLANT SPECIES means a plant species that is well adapted to a site’s environmental conditions, including the variability in these conditions that may occur over time.
(4) HORSE PARK means an equestrian facility that provides educational, recreational, and therapeutic opportunities to the public. Accessory uses include agricultural, institutional and community service, lodging, miscellaneous, residential, retail and personal service, and utility and public service uses.
(5) PUBLIC RECREATION AREA means land planned, developed, or used for recreational use by the public. Accessory uses include crop production, shade structures, and trails.
SEC. 51P-883.105. CREATION OF SUBAREAS.
This district is divided into four subareas: Subarea 1 (Texas Horse Park), Subareas 2a and 2b (Trinity Championship Golf Course), Subareas 3a and 3b (Trinity Forest Lands), and Subareas 4a and 4b (Trinity Mitigation Lands) as shown on the conceptual plan (Exhibit 883A).
SEC. 51P-883.106. CONCEPTUAL PLAN
Development and use of the Property must comply with the conceptual plan (Exhibit 883A). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls.
SEC. 51P-883.107. DEVELOPMENT PLAN.
(a) Development and use of Subarea 1, Phase 1 must comply with the Subarea 1, Phase 1 development plan (Exhibit 883B). If there is a conflict between the text of this article and the Subarea 1, Phase 1 development plan, the text of this article controls.
(b) A development plan for Subarea 1, Phase 2 must be approved by the city plan commission before the issuance of any building permit to authorize work in that phase of the subarea. If there is a conflict between the text of this article and the development plan, the text of this article controls.
(c) Except as provided below, development plans for Subareas 2a and 2b must be approved by the city plan commission before the issuance of a building permit to authorize work in those subareas. A development plan is not required before issuance of a permit for:
(1) excavation, fill, or grading;
(2) tree removal;
(3) irrigation systems;
(4) paths, trails, or roads associated with development of a golf course, golf driving range, or golf practice facilities; or
(5) structures less than 2,000 square feet in floor area that house maintenance equipment such as pumps and irrigation equipment, sanitary facilities, or concession facilities.
(d) No development plan is required for Subareas 3a, 3b, 4a, or 4b, and the provisions of Section 51A-4.702 regarding submission of or amendments to a development plan, site analysis plan, and development schedule do not apply.
SEC. 51P-883.114. LANDSCAPING.
(a) In general.
(1) Except as provided in this section, landscaping must be provided in accordance with Article X
(2) Plant materials must be maintained in a healthy, growing condition.
(3) Native and drought-adaptive noninvasive plant materials are required.
(4) Original topsoil must be stockpiled during building construction and restored upon completion when practicable.
(5) All construction staging and storage areas must be identified on a site plan. The areas must be designed to minimize impact to native vegetation.
(b) Subarea 1 (Texas Horse Park).
(1) Landscape plan.
(A) A landscape plan must be approved by the building official before issuance of a building permit for any work.
(B) A landscape plan must demonstrate the least practicable disturbance of the area’s native vegetation.
(2) Perimeter buffer
(A) A landscape plan must show a perimeter buffer along Pemberton Hill Road with a minimum width of 50 feet measured from the projected right-of-way. The landscape plan must designate areas of tree retention and tree planting to maintain or create a continuous landscaped perimeter buffer between the horse park facilities and Pemberton Hill Road, both before and after the construction of street improvements.
(B) Native vegetation must be maintained in the perimeter buffer unless removed for street improvement or utility vegetation management.
(C) A buffer plant group must be provided for each 50 feet of street frontage except where existing vegetation will maintain a natural screening buffer.
(D) A large tree must be provided for each 50 feet of street frontage along Pemberton Hill Road. These trees must be located within 50 feet of the projected right-of-way of Pemberton Hill Road. Trees provided for the buffer plant group and natural screening both count as street trees.
(3) Design standards. The design standards in Section 51A-10.126 are not required.
(4) Screening. All parking lots within 150 feet of Pemberton Hill Road must be screened from the road.
(c) Subareas 2a and 2b (Texas Championship Golf Course).
(1) Conceptual landscape plan. A conceptual landscape plan for a country club with private membership must be approved by the city plan commission before implementing the landscape plan on property designated as a landfill requiring remediation and managed under the Texas Commission on Environmental Quality Voluntary Cleanup Program (VCP). The conceptual landscape plan must provide a list of native and drought-adaptive noninvasive plant materials for use on the property.
(2) Permanent landscape plan. After remediation, all improvements associated with a country club with private membership must be identified on a landscape plan and provided with a development plan. The landscape plan must comply with Article X and be approved by the city plan commission before the issuance of a permit for parking lots, roads, trails, clubhouse facilities, cottages, training facilities, other structures, or site grading or excavation for a country club with private membership.
(d) Subareas 3a, 3b, 4a, and 4b.
(1) Landscape plan. A landscape plan may be required for a linear trail area if required by the director of Trinity Watershed Management in accordance with Section 51A-5.103.1(b)(2).
(2) Parking areas. Designated parking areas with trail heads must be landscaped in accordance with Article X, except that the design standards contained in Section 51A-10.126 are not required. All parking areas must provide a minimum of 160 square feet surface landscape area per planted tree.
(e) ONCOR utility corridor.
(1) In general. Landscaping in accordance with Article X is not required.
(2) Trees. Planting trees within ONCOR utility corridors is prohibited. Trees planted within 20 feet of an ONCOR utility corridor are restricted to small trees with a maximum height of 20 feet.
(3) Native vegetation. Site construction staging, parking, and unimproved and improved surface vehicular access within an ONCOR utility corridor are limited to maintain minimum practicable disturbance of native vegetation.
SEC. 51P-883.115. TREE PRESERVATION, REMOVAL, AND REPLACEMENT.
(a) In general.
(1) Except as provided in this section, tree preservation, removal, and replacement must comply with Article X.
(2) Floodplain vegetation protection must comply with Article V.
(b) Mitigation for tree removal in swales. Mitigation for tree removal in swales must comply with Article X in lieu of Section 51A-5.105.
(c) Maintenance of replacement trees. Replacement trees must be watered by an automatic irrigation system for a minimum of three years after the time of installation. An equivalent alternative maintenance plan may be approved by the director.
(d) Identification of mitigation methods. Tree mitigation methods for each phase of development must be identified at the time a landscape plan for that phase of development is submitted to the building official.
(e) Tree preservation areas. Replacement of trees within the district is encouraged. In lieu of conservation easements, areas may be shown on development plans as tree preservation areas. For purposes of this section, a tree preservation area is an area determined by the building official to be suitable for conservation purposes based on the likelihood the area would preserve vegetation on a parcel otherwise attractive for development, the overall health and condition of the trees on the parcel, the suitability of the area as wildlife habitat, and other unique features worthy of preservation. (see conservation easement).
(f) Off-site conservation easements. Off-site conservation easements for mitigation purposes are limited to the following watersheds within the city: White Rock Creek, Five Mile Creek – Trinity River, and the Upper Prairie Creek – Trinity River.
(1) In lieu of payments to the reforestation fund, payments may be made into a special city account to be known as the Great Trinity Forest Management Fund as a means of alternative compliance with the tree replacement requirements. The fund may also accept donations.
(2) The amount of payment is calculated at $100.00 for every caliper inch of protected tree removed, or alternatively, using the formula in Section 51A-10.135(c)(2) for payments to the reforestation fund.
(3) The director of Trinity Watershed Management shall administer the fund to maintain planned forest vegetation management projects on public land within the Great Trinity Forest.
(h) Permit required for each phase. Each phase of development requires a separate tree removal permit. Mitigation must be completed separately for each permit unless an alternative combined mitigation plan is approved in accordance with this section.
(i) Alternative mitigation plans.
(1) Except as provided in this subsection, all required tree mitigation must be completed in accordance with the timing requirements of Article X. The director of Trinity Watershed Management may approve an alternative mitigation plan that extends the time period for tree replacement.
(2) The director of Trinity Watershed Management may approve an alternative mitigation plan upon a finding the alternative mitigation plan:
(A) encourages preservation of existing forested areas;
(B) encourages the preservation of native vegetation;
(C) when applicable, encourages the preservation and restoration of native grass species and habitat, and existing pervious areas;
(D) protects undeveloped sensitive environmental areas;
(E) contributes to establishing vegetation and stabilizing landfill areas subject to a remediation plan; and
(F) is consistent and complimentary with existing trails and recreational areas in the vicinity.
(3) An alternative mitigation plan may extend the timing requirements for tree mitigation.
(4) An alternative mitigation plan must identify the methods of mitigation, locations for replacement trees, and a plan for the maintenance of planted trees.
(j) Forest protection and preservation.
(1) Tree protection on construction sites must be provided in accordance with Section 51A-10.136.
(2) All trees to be preserved in a construction area, regardless of species, must be properly identified so that the building official may determine whether placement of protective fencing, or other protection procedures, will be sufficient to minimize the likelihood of damage to the trees.
(3) Native vegetation must be retained and protected except in immediate development areas so that a minimal amount of native vegetation is removed or replaced.
(4) Shrub borders must be maintained around woodlands where practicable.
(5) Landscaping must consist of ecologically suitable plant species (refer to 883.114 for "Native and drought-adaptive noninvasive plant materials are required" when selecting suitable plant species).