HomeMy WebLinkAboutCity Council Resolutions (RESOLUTION R-16-4025)-05/18/2016RESOLUTION R-16-4025
A RESOLUTION APPROVING AN APPEAL TO THE APPLICABILITY
OF THE PROVISIONS OF SECTION 5.9 (MINIMUM TREE
PRESERVATION REQUIREMENTS) OF THE LAND DEVELOPMENT
CODE, AS TO 5812 AND 6004 ST. ANDREWS COURT
WHEREAS, Section 5.14 of the Land Development Code provides that any
appeal to the provisions of this chapter shall be heard by the
City Council; and
WHEREAS, Our County Homes has filed an appeal to the provisions of
Section 5.9 (Minimum Tree Preservation) of the Land
Development Code as applied to two homes at 5812 and 6004
St. Andrews Court; and
WHEREAS, Section 5.9(B) of the Land Development Code establishes
tree preservation standards for new residential subdivisions,
and establishes that the entire boundary of the subdivision
shall be considered as one property for the purpose of this
section; and
WHEREAS, based on Section 5.9(B) of the Land Development Code, St.
Andrews Estates was required to preserve 60 percent of the
existing tree canopy; and
WHEREAS, violations committed by another builder caused the entire
subdivision to fall below the required protected tree canopy
coverage percentage; and
WHEREAS, Our Country Homes asserts that the non-compliant status of
the subdivision should not negatively affect their ability to
develop on two lots since they were not parties in the
violations; and
WHEREAS, Our County Homes has submitted two building permits (5812
and 6004 St. Andrews Court) to construct single family homes
which identify eight (8) additional trees being removed, or
four percent (4%) of the required preservation; and
WHEREAS, all statutory and constitutional requirements for the passage
of this Resolution have been adhered to, including but not
limited to, the Texas Open Meetings Act.
Resolution R-16-4025
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all matters stated hereinabove are found to be true and
correct and are incorporated herein by reference as if copied
in their entirety.
Sec. 2. THAT the appeal to Section 5.9(B) as applied to 5812 and
6004 St. Andrews Court is hereby approved subject to all
mitigation plantings be mitigated on the respective lots.
AND IT IS SO RESOLVED
PASSED BY A VOTE OF � AYES, � NAYS, AND � ABSTENTIONS ON
THIS THE 16th DAY OF AUGUST 2016.
Mayor Richard Newton �Mayor Pro Tem Chris Putnam �
Place 1, "fammy Nakamura �.- Place 5, Nancy Coplen (�� -c
Place 2, Bobby Lindamood �Place 6, Mike Taylor f�x.
Place 4, Jody Short �
ATTEST:
Amy helley, MC
City Secretary
CITY OF COLLEYVILLE
� �lNW I U�C�
Richard Newton
Mayor