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 approve the following, but only upon a finding the proposed alternative is: (i) consistent with the purpose and intent of this Article 4, as applicable; and (ii) promotes the public health, safety, morals, or general welfare:
(A)
For a
site where trees are numerous and where areas of such trees are predominately
left undisturbed by development, the Planning Director, or the Director’s
designee, may approve an appropriate sampling method (based upon a
reasonable sampling inventory of at least twenty-five percent of all
“typical” areas of tree cover in such non-disturb zones,
as may be approved by the Planning Director, or Director’s designee)
for the Tree Inventory.
(B)
For a perimeter tree zone (as described in Section 4.51 [Section 4.60]), the Planning Director may approve removal of up to fifty percent of the protected trees within the zone upon a finding that the trees are located too close together, they are too close to a property line so that they prevent placement of a fence or screening wall (as applicable) along that property line, they are not healthy enough to survive for a reasonable period of time, they may cause harm to an adjacent property due to leaning or other anomaly, or some other circumstance exists which necessitates their removal.
(C)
If, due
to the size, shape, or topography of the intended development site,
it is determined by the Planning Director, or Director’s designee,
that a Tree Management Plan for the site is unworkable (or not necessary),
the Planning Director, or Director’s Designee, may approve a
Tree Management Plan that provides for the mitigation of protected
trees within the City of Garland through:
(1)
The
payment to a City Reforestation and Tree Management Fund of an amount
equal to one hundred percent of the cost of a replacement tree(s).
This fee, in lieu of tree replacement, is based on the cost of three-inch
caliper trees, totaling the mitigation caliper inches required, moved
to and installed on the site. The fee is one hundred and fifty dollars
per diameter inch.
(D)
In order
to preserve the sizes and species of significant trees that are located
within a proposed parking area, the Planning Director, or Director’s
designee, may approve a reduction, of not more than ten percent, of
the number of required parking spaces for a site, provided the applicant
demonstrates adequate parking through “best practices”
industry parking information.
(E)
Payments made to the City’s reforestation and tree management fund paid to the City under this Section 4.61 will be deposited into a reforestation and tree management fund to be used by the City to provide and maintain landscaping, irrigation, and other similar related activities on properties within the territorial limits of the City.
(F)
The Planning Director is authorized to waive up to a maximum of fifty
(50) percent (maximum of 50 points) of tree mitigation fees if the
development or redevelopment provides for one or more of the following
enhancements, with each enhancement eligible to receive up to the
maximum of the points listed, and each point equaling one percent
of tree mitigation fee reduction. Each enhancement and number of points
to be received is subject to the approval of the Parks and Recreation
Director or designee.
(1)
Enhanced and wider pedestrian, bicycle, or trail connections consistent
with the City of Garland's Trails & Bikeways Master Plan. These
enhancements may receive a minimum of twenty-five (25) points and
up to a maximum of fifty (50) points, if approved.
(2)
Additional open space and "placemaking amenities" beyond minimum
Garland Development Code requirements, such as pocket parks, ponds,
seating areas, and outdoor recreation facilities are eligible for
additional points. Placemaking amenities are those amenities that
strengthen the connection between people and the places they share.
Placemaking refers to a collaborative process by which people can
shape the public realm in order to maximize shared value.
The special amenities area must be fully identified on a landscape
plan and provide a minimum of 2,500 square feet of contiguous open
space. This enhancement is entitled to a minimum of 5 points, plus
an additional 5 points for each 2,500 square feet above the initial
2,500 square feet of contiguous space, for a maximum of 25 possible
points that may be provided, if approved.
(3)
Enhanced landscaped entry or corridor feature. The applicant may
choose from pre-selected entry and gateway beautification effort for
a maximum of thirty (30) points that may be provided, if approved.
(a)
Landscape Improvements. Five points for every two hundred and
fifty (250) square feet of enhanced landscape improvements.
(4)
Low impact development. A low impact development is a development
that practices using or mimicking natural processes that result in
the infiltration, evapotranspiration, or use of stormwater in order
to protect water quality and aide in runoff for the development. Up
to a maximum of fifty (50) points may be provided for this enhancement,
if approved.
(a)
Rain garden.
A rain garden is a landscape with
a shallow depression planted with native plants that captures, temporarily
holds, and filters stormwater back into the ground. Up to a maximum
of fifty (50) points may be provided for this enhancement, if approved.
(b)
Bioswale.
A bioswale is a long, channeled depression
or trench that receives rainwater runoff (as from a parking lot) and
has vegetation (such as grasses, flowering herbs, and shrubs) and
organic matter (such as mulch) to slow water infiltration and filter
out pollutants. Up to a maximum of fifty (50) points per bioswale
may be provided.
(c)
Water-wise plant materials and planting beds.
The applicant may provide landscaping that uses water conservation
techniques including water-wise plants, mulch, and efficient irrigation.
Up to five points may be provided for this enhancement.
(5)
Engineered solutions in an urban streetscape for replacement trees.
Twenty-five (25) points maximum. Soil volume must be a minimum of
480 cubic feet per required tree. A minimum of seventy-five (75) percent
of required trees must meet the soil volume minimum for credits to
apply.
(a)
Minimum required soil volume: Five points.
(b)
Increase in soil volume that is 10 percent above minimum requirement:
15 points.
(c)
Increase in soil volume that is 20 percent above minimum requirement:
20 points.
(d)
Increase in soil volume that is 30 percent or greater above
minimum requirement: 25 points.
(6)
Additional proposed enhancements for consideration that meet the
below Subsection (G) (five to ten points).
(G)
The Planning Director shall use one or more of the following criteria to determine the amount of a tree mitigation fee waiver under above subsection (F):
(1)
The extent to which the benefit(s) of the proposed enhancement(s) accomplish the express purpose and intent of this Article 4, as stated in above Section 4.54;
(2)
The extent to which the proposed enhancements align with recommendations
from the Garland Comprehensive Plan, Garland Trails & Bikeways
Master Plan, Garland Economic Development Strategic Plan, and Garland
Cultural Arts Master Plan;
(3)
The extent to which the proposed enhancements roughly increase market
value of the development or redevelopment;
(4)
The extent to which the proposed enhancements promote energy, natural
resource, and water conservation; and
(5)
The extent to which the proposed enhancements promote the public,
health, welfare, and safety.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 36, adopted 8/20/19; Ordinance 7276 adopted 12/7/21; Ordinance 7404 adopted 2/21/2023; Ordinance
7511 adopted 3/5/2024)
