HomeMy WebLinkAboutCity Council Resolutions (RESOLUTION R-17-4139)-06/06/2017 RESOLUTION R-17-4139
A RESOLUTION APPROVING AN APPEAL TO THE APPLICABILITY OF
THE PROVISIONS OF SECTION 5.13 PENALTIES AND VIOLATIONS,
IN CHAPTER 5 (TREE PRESERVATION) OF THE LAND DEVELOPMENT
CODE, ON LOT 1, BLOCK 3, OF THE OVERLOOK AT BIG BEAR CREEK
ADDITION, LOCATED AT 7708 PRAIRIE VIEW DRIVE
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, Bob Buttrill has filed an appeal to the provisions of Section 5.13-
Penalties and Violations, of Chapter 5 (Tree Preservation) in the
Land Development Code as it relates to the mitigation
requirements applied to the removal of three trees located within
a Tree Preservation Buffer at 7708 Prairie View Drive; and
WHEREAS, Ordinance 0-13-1875 establishes tree preservation standards
within the Tree Preservation Buffer for the Overlook at Big Bear
Creek Addition, and the approved plat establishes the boundary
of the Tree Preservation Buffer within the subdivision; and
WHEREAS, based on Section 5.13 of the Land Development Code, removal
of trees within the Tree Preservation Buffer is a violation of the
governing ordinance and therefore requires mitigation of caliper
inches at 3:1; and
WHEREAS, The City Council of the City of Colleyville agrees to permit
mitigation of all caliper inches removed in violation at a rate of
1:1; 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.
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.
Resolution R-17-4139
Page 2 of 2
Sec. 2. THAT the appeal to Section 5.13-Penalties and Violations, of
Chapter 5 (Tree Preservation) as applied to 7708 Prairie View
Drive is hereby approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF - AYES, 0 NAYS, AND o ABSTENTIONS ON
THIS THE 6th DAY OF June 2017.
Mayor Richard Newton Ale- Mayor Pro Tern Bobby Lindamood .
Place 1, Tammy Nakamura Place 5, Nancy Coplen �=
Place 3, Kathy Wheat Ay_ Place 6, Mike Taylor _
Place 4, George Dodson j4sfc.
ATTEST: CITY OF COLLEYVILLE
- Arc Shelley, TRMC Richard Newton
• =City Secretary Mayor