City of Garland, TX Approval of Alternatives

Request for Alternative Compliance.

A request for alternative compliance may be submitted in accordance with Article 1, Division 2 of this Chapter 4. The Planning Director may, by entering into a development agreement with the applicant, approve the following alternatives, but only upon a finding that the proposed alternative is; (i) consistent with the purpose and intent of this Article 3, as applicable; and (ii) promotes the public health, safety, morals, or general welfare:

(1)

A greater distance between plantings, where the applicant can demonstrate that the plant variety(s) employed will form a solid visual screen with spacing greater than thirty-six inches on-center.

(2)

Minor variations in the location and types of required landscape materials due to unusual topographic constraints, sight restrictions, siting requirements, preservation of existing stands of native trees, or similar conditions, or in order to maintain consistency of established front yard setbacks. These minor changes may vary the location of required landscape materials, but may not reduce the amount of required landscape area or the amount of landscape materials.

(3)

Variation of a required landscape buffer along a street frontage where immediately adjacent properties on both sides (at side property lines) have a smaller, or no, landscape buffer strip, in order to maintain consistency between existing parking lot and drive aisle alignments. If a landscape buffer variation is granted, an equal amount of the landscaped area and trees that were granted a variance are required elsewhere on the site as determined by the Planning Director.

(4)

Partial or complete relief from the perimeter screening requirements within Sections 4.39 or 4.40, as applicable, where there is a minimum buffer depth of fifty feet, and an existing stand of mature trees, upon a finding that:

(a)

The granting of relief does not adversely affect the residential area; and

(b)

The natural landscape features as described above are sufficient to provide adequate screening.

(5)

Partial or complete relief from the loading area screening requirements within Sections 4.41 or 4.42, as applicable, where the loading area is located in a yard adjacent to a minor street, Type E or less, as designated on the City’s adopted Major Thoroughfare Plan, which is adjacent to an industrial use.

(6)

Partial or complete relief from the outside storage area screening requirements within Section 4.43, where unique topographical or physical features accomplish adequate screening.

(7)

Partial or complete relief from the placement or screening of refuse containers where the proposed container is located within a side or rear setback, or within an easement for a building site that is small or oddly shaped.

(8)

Credit as provided in Section 4.49 [Section 4.60] for an existing tree that is not within Table 4-1 or 4-2 that is preserved on a site.

(9)

Credit as provided in Section 4.49 [Section 4.60] for an existing tree that is not located in the landscape area to which credit is applied, or that is located in an undisturbed area on the site.

(B)

Required Documentation.

It is the sole responsibility of the applicant to provide evidence in support of the specified criteria in Subsections (1) through (9) above, including any materials requested by the Planning Director that would assist in a decision to approve or deny the request.

(C)

Development agreement required.

The Planning Director may only approve a request for alternative compliance with the provisions of this Article 3 by entering into a development agreement with the applicant. The development agreement may include matters outside of this Article 3.

(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 35, adopted 8/20/19)