A.
Landscaping requirements applicable to all development within city limits.
1.
Landscaping plan required. Construction of a Multifamily, Mixed-Use, or Nonresidential development may not commence until a Landscape Plan is approved as a component of the required Site Plan (see subsection 3.5.4) that demonstrates conformance with this subsection 5.1.1 [section 5.1.1] and contains any technical information required by the Planning Director.
3.
Credit for preservation of existing trees and trees planted to fulfill mitigation requirements. All development must preserve or replace at least sixty percent (60%) of the caliper inches of trees present on site prior to development according to an approved Tree Survey. The caliper inches of tree species listed in Table 6.1-1 Exempted Trees when measuring twelve (12) caliper inches and or larger and all other trees four (4) inches caliper or larger shall be counted towards the required sixty percent (60%).
(iii)
Credit for Preserving Protected Trees, Significant Trees, Specimen Heritage Trees, and Tree Clusters Preservation of existing Protected Trees, Signature Trees, Heritage Trees, or Tree Clusters may be credited toward required plantings or replacement plantings according to the schedule in Table 4.4-1:
Table 4.4-1: Tree Preservation & Mitigation Credit Schedule | |
|---|---|
Tree Type | Credits Towards Required Caliper Inches of New or Replacement Trees |
Protected Tree (4 to 7.9 inches) | .75:1 (credit .75 inch for every inch preserved) |
Significant Tree (8 to 11.9 inches) | 1:1 (credit 1 inch for every inch preserved) |
Specimen Tree (12 to 23.9 inches) | 1.15:1 (credit 1.15 inch for every inch preserved) |
Heritage Tree (24 inches or more) | 1.25:1 (credit 1.25 inch for every inch preserved) |
Tree Cluster (3 or more trees located less than 10 ft apart) | 1.15:1 (credit 1.15 inch for every inch preserved within the cluster) |
(iv)
Method of calculation. To determine the number of credits towards new or replacement trees, add the total caliper inches of each type of preserved tree and multiply by the corresponding number. The product is the number of inches credited (see Table 4.4-2).
Table 4.4-2: Tree Preservation Credit Calculation Method | |
|---|---|
Tree Type | Calculation Method |
Protected Tree (.75:1) | 100 inches preserved * .75 = 75 inches credited (round down all fractions) |
Significant Tree (1:1) | 100 inches preserved * 1 = 100 inches credited (round down all fractions) |
Specimen Tree (1.15:1) | 100 inches preserved * 1.15=115 inches credited (round down all fractions) |
Heritage Tree (1.25:1) | 100 inches preserved * 1.25 = 125 inches credited (round down all fractions) |
Tree Cluster (1.15:1) | 100 inches preserved within cluster * 1.15 = 115 inches credited (round down all fractions) |
4.
Protection of trees during construction. The applicant must protect all Trees preserved for credit under this subsection 5.1.1.A in strict accordance with this section and the guidelines in Section 6.3.1 [6.1.10].
(i)
Placement of trees adjacent to pavement shall be in accordance with standards outlined in the Criteria Manual.
5.
Plants to be maintained in a safe and healthy state. The property owner shall maintain all landscaped areas and plantings in a healthy state, whether required to be planted by this subsection 5.1.1 or planted at the Developer or owner's discretion, in accordance with the following:
(i)
The property owner shall promptly replace any dead or diseased plants.
(ii)
If the City provides notice of dead or diseased plantings, the property owner must remove and replace the dead plantings within ninety (90) calendar days of the City providing notice.
(iii)
It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in such manner that they will not, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view from any street or alley intersection.
(iv)
The minimum clearance of any overhanging portion of trees or branches shall be ten (10) feet over sidewalks and fourteen feet (14') over all streets.
(v)
It shall be the duty of any person or persons owning, occupying or controlling real property upon which tree trimming or removal occurs to advise all landscape contractors, tree services, arborists and others who remove or trim trees of the need for proper disinfection of all cutting tools and the required painting of all tree cuts on oak trees with a proper sealant immediately after cutting or pruning to prevent the spread of oak wilt and to ensure such sealing of cuts.
(vi)
Unless specifically authorized by the Building Official, no person shall intentionally damage, cut, carve, transplant, or remove any public tree or shrub; attach any rope, wire, nails, advertising posters, or other contrivance to any public tree or shrub; allow any gaseous, liquid or solid substance which is harmful to such plants to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree or shrub.
6.
Irrigation required.
(ii)
Irrigation is not required within the 75' (or equivalent) roadway buffer (see subsection 5.1.1.B.1) for existing trees and vegetation only, which is encouraged to remain and may be counted towards fulfillment of landscaping requirements. Water quality re-irrigation is allowed in conformance with Article 7 and the Technical Manual.
(iii)
Irrigation lines shall be installed as part of the Site Plan unless approved by the City Engineer.
(iv)
Water quality re-irrigation may not be used as a primary or sole means of irrigation for required landscape areas and plantings.
7.
Planting over easements and in right-of-way.
(i)
The City, State, or any utility with ownership or right of access to an easement or right-of-way may refuse to allow the planting of trees or shrubs within the easement or right-of-way.
(ii)
The State, City, or any utility with ownership or right of access to an easement or right-of-way may at any time remove or require landscaping to be removed from a right-of-way or easement.
(iii)
In removing the landscaping, the entity with ownership or right of access to an easement shall not be held responsible or liable for any cost or damages due to such removals. If landscaping required by an approved landscape plan is to be removed, it shall be the responsibility of the property owner to replace the required landscaping elsewhere within the remaining site area or buffer within ninety (90) days or in the next planting season.
(iv)
Planters and other permanent structures are prohibited within the right-of-way or within drainage or utility easements except through a license agreement approved by the City and all entities with right of access to the easement or right-of-way.
(v)
The owner of the property directly abutting a right-of-way is responsible for maintaining any landscaping located within the right-of-way abutting the property, and within any easements located on the property.
(vi)
In addition to enforcing the penalty provision of subsection 1.1.13, the City may remove from any right-of-way growths and materials that interfere with the safe use of streets and sidewalks and, in so doing, the City, its officers, agents and employees shall not be liable by the owners of property abutting the right-of-way. Any expense incurred by the City for such removals may, at the City’s discretion, be charged to the property owner.
8.
Species diversity required.
(i)
If more than eight (8) trees are to be planted, no more than twenty-five percent (25%) of the new trees to be planted on a site, development, or property shall be of the same species in order to encourage a diverse landscape that will not be subject to loss to a specific disease or insect. Refer to Approved Plant List in the ECM.
(ii)
Approved plant materials must be in accordance with the Technical Manual and all required plants must be selected from the list contained in the Technical Manual.
(iii)
A Developer, Subdivider, or property owner may propose a species not found on the list of approved plants if a registered Landscape Architect attests to the species being noninvasive, not disease-prone, and shown to have a canopy or foliage meeting the dimensions of an approved species for the purpose of calculating canopy area or screening height under this Article 5.
9.
Plantings of Landscaping.
(i)
Planting of landscaping for commercial purposes shall be restricted to the months between October 1st and March 31st, in line with optimal conditions for vegetation growth and adherence to water conservation strategies. Planting outside the months of October 1st to March 31st may be permitted with approval from the City Engineer and submission of a Planting Establishment Plan.
(ii)
When planting is not feasible between October 1st and March 31st, fiscal security shall be provided per subsection 2.4.4.A Table 2.4-1 for the postponement of landscaping and ensure proper landscaping at a later date.
(iii)
All landscaping requirements of this chapter, including those specified in an approved landscape plan, must be met prior to the issuance of a certificate of occupancy for any premises to which these regulations apply. In cases where weather conditions or similar circumstances delay compliance, the City Manager may grant a Temporary Certificate of Occupancy (TCO), provided the owner or owner's agent enters into a signed agreement with the city committing to full compliance with the landscaping requirements within sixty (60) calendar days of October 1st of the same calendar year in which the TCO was granted. Should additional time beyond the initial sixty (60) days be necessary, an extension must be sought and approved by the city manager. Failure to adhere to the planting schedule during the designated period and any approved extensions will result in the accrual of daily fines, not exceeding 100% of the fiscal security amount.
B.
Nonresidential, mixed-use, and multifamily residential landscaping requirements. Landscaping shall be required according to the following sections for all nonresidential uses.
Section B.1 | Roadway Buffers |
Section B.1(iii) [B.2] | Incompatible Use Buffers |
Section B.3 | Parking Lot Landscaping |
Section B.4 | Site Landscaping |
1.
Roadway buffers. All uses in the MU-N, MU-C, MU-TC, CR, and P Districts, including PDDs with these underlying districts, shall comply with the following landscaping requirements:
(i)
Landscaping shall be provided adjacent to all streets as follows.
(1)
Adjacent to Bee Cave Parkway, F.M. 2244, State Highway 71, Hamilton Pool Road, and F.M. 620: Seventy-Five (75) feet.
(2)
Adjacent to Arterial Streets not listed in above: Twenty-Five (25) feet.
(3)
Collector Streets in CR and P districts: Ten (10) feet.
(4)
Adjacent to a street in a Mixed-Use (MU) district: Ten (10) feet. The Planning Director has the ability to allow a buffer to be located either between the curb and the sidewalk or between the building and the sidewalk.
(5)
A ten (10) foot buffer is required where a Multi-Family development abuts a Mixed-Use district.
(ii)
Landscaping within roadway buffers shall consist of the following:
(1)
For buffers that are a minimum of seventy-five (75) feet, a minimum of twelve (12) trees per one hundred (100) linear feet (not including drives or other access points), and on all other buffers, a minimum of nine (9) trees per one hundred (100) linear feet, according to the following schedule:
Caliper Inches at Planting | # out of 12 required per 100 feet | # out of 9 required per 100 feet |
3 inches | 8 | 6 |
4 inches | 4 | 3 |
(2)
The Planning Director is authorized to waive planting requirements in areas within thirty (30) feet of signs and utility poles.
(3)
Small trees and shrubs shall be planted where there is no existing understory plant material within the roadway buffer. Such materials shall be provided in a quantity sufficient to produce a natural screen when combined with trees and existing vegetation in the roadway buffer.
(4)
For the purpose of meeting this section, healthy existing trees, other than Celtis Occidentalis (Hackberry), Juniperus Virginiana (Eastern Red Cedar), Melia Azedarach (Chinaberry), and Juniperus Ashei (Common Cedar) with a caliper of less than twelve (12) inches may be used to fulfill the requirements of subsection 5.1.1.B.1(ii)(1) on a tree-for-tree basis. However, preserved trees shall be calculated based on the rates in Table 4.4-1: Tree Preservation & Mitigation Credit Schedule for the purpose of calculating the site's overall mitigation requirements.
(iii)
Land within the roadway buffer shall be unpaved and undeveloped except for landscaping, paved access drives, sidewalks, paths, and underground utilities. Except for the clearing necessary to provide utilities, sidewalks, paths, or access drives, no clearing of trees shall be permitted within the roadway buffer.
2.
Incompatible use buffers. All lots, or parts of lots, with one or more non-residential use or Mixed-Use and whose side or rear lot lines abut a single-family residential district or use not separated by a public or private street or roadway shall be screened from such residential district or use by a landscaped buffer strip consisting of the following:
(ii)
Landscape Buffer Strips a minimum of twenty-five (25) feet in width;
(1)
If the nearest non-residential building is less than twenty-four (24) feet in height, a row of Large Trees with thirty (30) feet of spacing (measured from the center of the trunk or approximate center of a multi-trunk tree); or
(2)
If the nearest non-residential building is twenty-four (24) feet in height or greater, two (2) rows of Large Trees with thirty (30) feet of spacing (measured from the center of the trunk or approximate center of a multi-trunk tree) arranged in an alternating fashion (see Figure 5.1.1-1: Incompatible Use Buffer).
Figure 5.1.1-1: Incompatible Use Buffer |
 |
3.
Parking lot landscaping. Parking lot landscaping is required within the area within the parking lot boundaries. Sidewalks and designated loading or unloading areas for service vehicles shall not be considered part of the parking lot.
(i)
Parking lot shading.
(1)
The requirements of this subsection 5.1.1B.3(i) apply to any parking lot with more than five (5) spaces, regardless of zoning district.
(2)
Shading shall be required for parking lots subject to this section. Canopy trees shall be provided to shade a minimum of twenty-five (25) percent of the parking lot or vehicular use area. The shade area provided by each tree shall be based on the area that the tree's mature canopy will encompass, as indicated in the Tree Canopy List in the Environmental Criteria Manual. Tree types not listed may be considered but shall be accompanied by a calculation of mature canopy area prepared by a registered landscape architect based on standard landscaping references. The shade area provided shall be calculated at 100% for preserved trees and 75% for newly planted trees.
(3)
Existing trees preserved in an island or walkway buffer (see subsections 3.4.2E.4 and E.0) may be credited toward new plantings required under this subsection 5.1.1B.3(i) and shall be calculated at one hundred (100) percent of the required shade coverage.
(4)
Newly planted trees shall be a minimum of three (3) inches caliper and calculated at seventy-five (75) percent of the shade coverage.
(5)
No protected tree shall be located in a well deeper than four (4) feet, or on a pedestal higher than four (4) feet, from the surrounding parking area.
(6)
Where grade changes exceed ten percent (10%), parking lots shall be stepped to accommodate the preservation of existing interior trees in accordance with this paragraph.
(ii)
Landscape islands. The location of landscape islands, medians, and peninsulas is subject to the following requirements:
(1)
No parking space shall be located further than fifty (50) feet from a tree within a landscape island, median, or peninsula.
(2)
The Planning Director may permit an exception to the fifty (50) foot rule in subsection 5.1.1.B.3(ii)(1) for the purpose of clustering new or existing trees, as long as the clustering does not result in more than twenty-five percent (25%) of proposed parking spaces being further than fifty (50) feet from a tree.
(3)
A request that affects more than twenty-five percent (25%) of parking spaces must be approved by City Council.
(4)
Landscape islands, medians, and peninsulas shall be protected with concrete curbs or with concrete, or stone.
(iii)
Parking lot screening.
(1)
All parking areas adjacent to roadways, all off-street loading areas and off-street parking areas containing three or more parking spaces shall have effective buffering from the street view and from adjacent properties.
(2)
Landscape buffers or landscaped berms at least three feet (3') in height shall be appropriate for screening these areas.
(3)
Vegetation selected for the three-foot (3') height screen shall be of the evergreen plant species, and they shall be spaced and massed so as to provide a solid screen within two (2) years, or two (2) growing seasons, from the planting date. Plantings should include a variety of plant species with low maintenance requirements, selected from the plant materials listed in the Preferred Tree List in ECM. A combination of shrub and tree plantings is preferred; but in any case, a minimum of one (1) tree of a minimum four-inch (4") and a minimum of eight feet (8') in height., and ten (10) shurbs of a minimum of five (5) gallon size, are required for each thirty feet (30').
(4)
Ground cover should be planted on landscaped berms with appropriate plant container size and spacing that will provide full coverage within one (1) year of installation in order to prevent erosion. Berms shall be designed to transition to existing grades and shall not exceed a slope of 3:1, as a slope greater than this is generally difficult to mow and maintain.
4.
Site landscaping. All areas not included in a Roadway Buffer, Incompatible Use Buffer, or Parking Lot are subject to the landscaping requirements of this subsection 5.1.1.B.4.
(i)
) Building perimeter.
Landscaping shall be provided along the entire building perimeter except for areas directly abutting a door, loading bays, or garage bays. The width of the strip shall be measured according to the following schedule:
Zoning District | Perimeter Strip Min Depth | Additional Requirements |
|---|---|---|
Regional Commercial (CR) | 15 feet | Includes outdoor storage areas |
Public (P) | 10 feet | — |
R-4 | 5 feet | — |
R-5 | 5 feet for buildings up to 100 units and 1 additional foot per 50 additional units* | — |
Neighborhood Mixed-Use (MU-N) | 5 feet* | Includes outdoor patios |
Community Mixed-Use (MU-C) | Buildings 50,000 sf or less: 5 feet* Buildings greater than 50,000 sf: 1 additional foot per 10,000 sf* | Includes outdoor patios |
Town Center Mixed-Use (MU-TC) | Buildings 50,000 sf or less: 5 feet* Buildings greater than 50,000 sf: 1 additional foot per 10,000 sf* | Includes outdoor patios |
* | Buildings built to the sidewalk must provide buffer between sidewalk and street curb |
(1)
Calculation of plantings.
(a)
One (1) tree of two (2) inches caliper or greater is required for each 1,000 square feet of perimeter strip area of 5 feet or greater.
(b)
One (1) shrub is required for each thirty (30) square feet of perimeter strip area.
(c)
All areas not covered in plants shall consist of sod, mulch, river rock, or other ground cover to prevent erosion and weed penetration.
(2)
Alternative compliance. The Planning Director may approve an Alternative Compliance Plan if it is submitted with the required Landscaping Plan and conforms to the provisions below:
(a)
The landscape strip may vary in depth so that certain sections of the strip fall below the minimum depth required, if the applicant demonstrates on the landscape plan that the total area provided is not less than the minimum required if the minimum depth was uniformly provided.
(b)
Up to fifty percent (50%) of the required perimeter strip area and plantings may be provided in the form of additional parking lot landscape islands.
(c)
Up to one hundred percent (100%) of the required perimeter strip area may be provided abutting a detention or retention pond on the same or abutting property, under the following circumstances:
1.
The pond is integrated into the landscape and site design;
2.
The minimum number of plantings required in the landscape strip area are provided within fifty (50) feet of the pond;
3.
The area abutting the pond includes, at the time a Certificate of Occupancy is issued, amenities such as walking paths and benches with direct sidewalk access from all buildings in the development; and
4.
The pond, plantings, and amenities are reserved as an easement on a recorded Final Plat.
(3)
In the case that a side of a building is not viewable from a roadway, access easement, or adjacent building/use, the Planning Director may waive the requirements of this section.
(ii) | Retention and detention ponds. |
(1) | All retention and detention ponds shall have effective buffering from the street view and from adjacent properties. Screening shall be provided in the same manner as for parking areas. See Section 5.1.1.B.3(iii). |
(2) | Stormwater detention areas should be designed as free form shapes to blend with the natural landscape and use natural rocks and boulders with spillways of natural rock to create visual appeal. |
(3) | Detention ponds shall not be allowed within a required buffer zone or setback unless a waiver is granted at Site Plan. |
C.
Single-family residential landscaping. Landscaping shall be required according to the following sections for all Single-Family Residential (Single-Family Detached, Duplex, and Townhome) uses:
Section C.1 | Roadway Buffers |
Section C.1(iii) [C.2] | Common Area Landscaping |
Section C.3 | Site Landscaping |
1.
Roadway buffers. All uses within the R-1, R-2, R-3, R-4 and R-5 districts and PDDs with one of the preceding base zoning districts shall comply with the following landscaping requirements:
(i)
Landscaping shall be provided adjacent to all streets as follows.
(1)
Adjacent to Bee Cave Parkway, F.M. 2244, State Highway 71, Hamilton Pool Road, and F.M. 620: Seventy-Five (75) feet.
(2)
Adjacent to Arterial Streets not listed in (1) above: Twenty-Five (25) feet.
(3)
Collector Streets: Ten (10) feet.
(4)
Local Street: No buffer is required except where a common area abuts a Local Street, in which case the minimum required buffer is ten (10) feet.
(ii)
Landscaping within roadway buffers shall consist of the following:
(1)
75 foot buffer depth or more: Twelve (12) trees per one hundred (100) linear feet;
(2)
More than 25 foot but less than 75 foot depth: Eight (8) trees per one hundred (100) linear feet;
(3)
25 foot to 10 foot buffer depth: Four (4) trees per one hundred (100) linear feet;
(4)
Less than 10 foot buffer depth: Three (3) trees per one hundred (100) linear feet.
Caliper Inches at Planting | # out of 12 required per 100 feet | # out of 8 required per 100 feet | # out of 4 required per 100 feet | # out of 3 required per 100 feet |
3 inches | 8 | 6 | 3 | 2 |
4 inches | 4 | 2 | 1 | 1 |
(a)
Small trees and shrubs shall be planted where there is no existing understory plant material within the roadway buffer. Such materials shall be provided in a quantity sufficient to produce a natural screen when combined with trees and existing vegetation in the roadway buffer.
(b)
Healthy existing trees, other than Celtis Occidentalis (Hackberry), Juniperus Virginiana and Juniperus Ashei (Common Cedar) with a caliper of less than twelve (12) inches, may be used to fulfill the requirements of this subsection on a one-for-one basis.
(iii)
Land within the roadway buffer shall be unpaved and undeveloped except for landscaping, paved access drives, sidewalks, paths, and underground utilities. Except for the clearing necessary to provide utilities, sidewalks, paths, or access drives, no clearing of trees shall be permitted within the roadway buffer.
2.
Common area landscaping. Subdivisions containing common areas such as pools, walking paths, parks, detention ponds, and other amenities shall provide landscaping for such amenities by the Subdivider; however, any such landscaping provided is subject to the tree maintenance requirements of subsection A.5 above and the tree preservation requirements of Section 6.3.1 [6.1].
3.
Site landscaping.
(i)
Each Detached Single-Family Residential lot shall provide a total of three (3) trees, at least one of which shall be a Large Tree, for each acre of lot area.
(ii)
Each Duplex lot shall provide two (2) trees per unit, at least one (1) of which shall be a Large Tree.
(iii)
Trees may be placed at the discretion of the Subdivider or builder; however, at least one tree is required in the front yard of each lot or unit.
(iv)
All areas of a residential lot not covered by buildings, driveways, walkways, decks, patios, pools or other accessory structures, trees, or landscape plantings, shall consist of sod, mulch, river rock, or other natural ground cover to prevent erosion and weed penetration.
Multiple building landscaping requirements. If more than one building is placed upon a single lot, the following areas shall be landscaped:
(1)
A twenty (20) foot deep strip along the front or rear of the buildings as measured from the foundation.
(2)
A ten (10) foot deep strip along all other sides of the buildings as measured from the foundation.
(3)
All areas not covered in plants shall consist of sod, mulch, river rock, or other ground cover to prevent erosion and weed penetration.
(4)
Areas for driveways shall be exempt from this requirement.
(5)
Within the areas listed above, at least one (1) shrub shall be planted per fifty (50) square feet and one (1) small tree per two hundred fifty (250) square feet.
D.
Retaining walls.
1.
Unless an alternate design is approved by the City Engineer, when property within or directly adjacent to a subdivision contains changes in elevation exceeding two and one-half feet (2.5') or the slope exceeds one unit vertical in three units horizontal, or both, a Retaining Wall shall be required at the locations specified herein prior to the acceptance of the Subdivision (see subsection 2.4.5):
(i)
The grade change roughly follows a side or rear lot line;
(ii)
The grade change is adjacent to a proposed building site boundary;
(iii)
The grade change is adjacent to a watercourse or drainage easement;
(iv)
The grade change is adjacent to a public or private road or shared driveway; or
(v)
Where required by the City's Technical Manual.
2.
Retaining Wall construction shall be in compliance with the provisions of the Building Code and the Criteria Manual.
3.
Retaining Walls four (4) feet in height or greater require a Subdivision Construction Permit, Site Permit, or Building Permit, as applicable at the time of construction, and approval by the City Engineer.
4.
A Retaining Wall shall be maintained by the owner of the property where the Retaining Wall is located. If a Retaining Wall crosses one or more properties, it shall be maintained by a Property Owners' Association and placed within a retaining wall easement, see Section 2.5.13(I), or common lot with sufficient width to provide access to the Retaining Wall.
(i)
A retaining wall easement is required for any retaining wall within five feet (5') of a property line.
(ii)
Retaining walls shall not straddle property lines unless approved by the City Engineer.
(iii)
The City will not assume maintenance responsibility for a retaining wall outside of City property or right-of-way.
5.
A Retaining Wall shall not be constructed parallel to or within any portion of a utility easement unless otherwise approved by the City Engineer pursuant to the parameters established in the Criteria Manuals.
6.
Hillside wall standards.
(i)
For each eight (8) feet of vertical height, four (4) feet of horizontal offset (a stairstep design approach) shall be provided with native, drought-tolerant landscaping consisting of one (1) shrub per thirty-two (32) square feet of horizontal surface within the offset area and one Small Tree per five hundred (500) square feet;
(ii)
Walls shall conform to the topography of the site; and
(iii)
Walls shall incorporate the use of native materials and earth-tone colors to blend with natural surroundings.
(Ordinance 475 adopted 6/28/22; Ordinance 522 adopted 11/14/2023; Ordinance 534 adopted 5/28/2024)